PASCO, Inc. v. PDP Group, Inc. et al
| PASCO, Inc. |
| PDP Group, Inc. and AccuTel, Inc. |
| Motors Insurance Corporation |
| Ray L. Weber Special Master |
| 5:2004cv00911 |
| May 14, 2004 |
| US District Court for the Northern District of Ohio |
| David D Dowd |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 5, 2007. A more recent docket listing may be available from PACER.
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Filing 185
Order directing the Clerk to disburse funds in the amount of $11,459.41 from the registry. Signed by Judge David D. Dowd Jr. on 11/5/2007.(M,De)
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| Filing 184 Notice of Revised Joint Request for Distribution filed by PASCO, Inc., PDP Group, Inc., AccuTel, Inc.. Related document(s) #183 , #182 .(Cantor, Mark) |
| Filing 183 Notice of Joint Request for Distribution filed by PASCO, Inc., PDP Group, Inc., AccuTel, Inc.. Related document(s) #182 .(Cantor, Mark) |
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Filing 182
Order regarding distribution on monies in this case. No distribution will occur until the parties submit a joint request for distribution which itemizes the amounts owed to each of the three parties (plaintiff and two defendants). Such request shall be submitted no later than October 30, 2007. Signed by Judge David D. Dowd Jr. on 10/16/2007.(M,De)
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Filing 181
Joint Stipulation and Order of Case Dismissal with prejudice. Signed by Judge David D. Dowd Jr. on 8/20/2007.(M,De) Modified text on 8/24/2007 (P, S).
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| Filing 180 Joint Notice of Dismissal Under FRCP 41(a)(1) With Prejudice filed by PASCO, Inc., PDP Group, Inc., AccuTel, Inc.. (Lorelli, Marc for Mark Cantor) Modified text on 7/9/2007 (S, T). |
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Filing 179
Order granting #178 Joint Motion to Extend Deadlines; Discovery relating to summary judgment issue due by 6/20/2007; defendants' reply brief due by 7/6/2007. Signed by Judge David D. Dowd Jr. on 6/4/2007.(D,S)
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| Filing 178 Joint Motion for extension of time to complete discovery and briefing filed by PASCO, Inc. (Attachments: #1 Proposed Order)(Horn, Debra) Modified text on 5/30/2007 (S, T). |
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Order [non-document]granting #177 Joint Motion that discovery related to the summary judgment issues be completed by defendants no later than June 1, 2007 and that defendants' reply brief is due on or before June 13, 2007. Approved by Judge David D. Dowd Jr. on 5/11/2007.(M,De)
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| Filing 177 Joint Motion for extension of time until June 1, 2007 and June 13, 2007 to Complete Discovery Relating to Summary Judgment Issues and Final Briefing filed by PASCO, Inc., PDP Group, Inc., AccuTel, Inc. (Attachments: #1 Proposed Order)(Lorelli, Marc) Modified text on 5/14/2007 (S, T). |
| Filing 176 Notice of Requested Discovery filed by all defendants. (Lorelli, Marc) |
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Order [non-document] granting Motion for leave to file Brief in Excess of Thirty Page Limit (Related Doc #170 ). Approved by Judge David D. Dowd Jr. on 4/17/07.(M,De)
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| Filing 175 Memorandum and Evidence in Support of Motion for Summary Judgment (Volume 4 of 4) Declaration and Exhibits in support of motion for summary judgment (FILED UNDER SEAL #4149) filed by PASCO, Inc.. Related document(s) #171 , 172 , 173 , 174 . (C,B) Modified text and added sealed # 4/19/2007 (P, S). |
| Filing 174 Memorandum and Evidence in Support of Motion for Summary Judgment (Volume 2 of 4) (FILED UNDER SEAL #4148) filed by PASCO, Inc.. Related document(s) #171 , 172 , 173 . (C,B) Modified text and added sealed # 4/19/2007 (P, S). |
| Filing 173 Memorandum and Evidence in Support of Motion for Summary Judgment (Volume 3 of 4) (FILED UNDER SEAL #4147) filed by PASCO, Inc.. Related document(s) #171 , 172 . (C,B) Modified text and filing date on 4/17/2007 (C, Br). Modified text and added sealed # 4/19/2007 (P, S). |
| Filing 172 Memorandum and Evidence in Support of #171 Motion for Summary Judgment (Volume 4 of 4) (FILED UNDER SEAL #4146) filed by PASCO, Inc.. (C,B) Modified text on 4/17/2007 (C, Br). Modified text and added sealed # 4/19/2007 (P, S). |
| Filing 171 Motion for summary judgment filed by PASCO, Inc.. (C,B) |
| Filing 170 Motion for leave to file Brief in Excess of Thirty Page Limit filed by PASCO, Inc.. (Attachments: #1 Brief in Support of Plaintiff's Motion for Leave to file Brief in Excess of Thirty Page Limit)(Ross, Alan) |
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Filing 169
Order directing that in the absence of a statement from Defendants indicating that they do not oppose the requested continuance of the discovery cut-off, the plaintiff's motion to extend discovery is denied. (Related document #168 ). Signed by Judge David D. Dowd Jr. on 3/8/2007.(M,De)
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| Filing 168 Motion for extension of Deadline for Additional Discovery and Response and Reply Briefs from 3/16/07 (first date) until 6/16/07 filed by PASCO, Inc.. Related document(s) #166 , #160 . (Horn, Debra) Modified text on 3/7/2007 (P, G). |
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Filing 167
Order informing the parties that the Court's suggestion to consider resuming mediation has been rejected #166 . Signed by Judge David D. Dowd Jr. on 2/5/07.(R,JA)
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Filing 166
Order granting (165) Motion to Extend Deadlines in case 5:04-cv-00911-DDD; granting (20) Motion for Extension of Time in case 5:06-cv-02911-DDD; if any party wishes to pursue further mediation and stay the Michigan arbitration, a request must be faxed to the Court by 3:00 p.m. on Monday, 2/5/07; see order for specific directives. Signed by Judge David D. Dowd Jr. on 1/31/07. Associated Cases: 5:04-cv-00911-DDD, 5:06-cv-02911-DDD (D,S)
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| Filing 165 Motion for extension of of Deadline for Additional Discovery and Response and Reply Briefs until 3/16/07 (first date) filed by PASCO, Inc.. Related document(s) #160 . (Horn, Debra) |
| Filing 164 Notice of Service of Plaintiff's Identification of Additional Discovery on defendants in response to Motion for Partial Summary Judgment filed by PASCO, Inc. (Horn, Debra) Modified text on 1/25/2007 (S, T). |
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Order (non-document) granting defendant's motion for enlargement of time to file it's motion for summary judgment until 1/17/07. Entered on behalf of Judge David D. Dowd Jr. on 1/19/07.(R,N)
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| Filing 163 Motion for summary judgment with attached brief in support FILED UNDER SEAL by PDP Group, Inc., AccuTel, Inc. (Seal #4061) (38 pages plus exhibits). (R,N) |
| Filing 162 Motion for Enlargement of Page Limitation for Dispositive Motions filed by all defendants. (Skakun, Mark) |
| Filing 161 Motion for extension of Filing its Motion for Summary Judgment until Wednesday, January 17, 2007 filed by all defendants. (Skakun, Mark) |
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Filing 160
Order setting 1/12/07 as the deadline for the single issue dispositive motion; response due 3/23/07; reply due 5/11/07 (see order for additional deadlines); all discovery motions pending before the Special Master are to be held in abeyance until this dispositive motion is resolved. Signed by Judge David D. Dowd Jr. on 12/5/06. (D, S)
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| Minutes of proceedings [non-document]. Status Conference held on 12/5/2006 before Judge David D. Dowd Jr. Time: 1.0 Hour. (Court Reporter none) (M, De) |
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Filing 159
Order RESCHEDULING Status Conference for 12/5/2006 at 2:00 p.m. in Chambers 402 before Hon. David D. Dowd Jr. Signed by Judge David D. Dowd Jr. on 11/28/2006. (M, De)
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Filing 158
Order scheduling Status Conference for 11/28/2006 at 12:00 noon in Chambers 402 before Hon. David D. Dowd Jr. Signed by Judge David D. Dowd Jr. on 11/21/2006. (M, De)
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| Filing 157 Joint Motion for conference/hearing for Scheduling or Status Conference filed by PASCO, Inc., PDP Group, Inc., AccuTel, Inc.. Related document(s) #156 . (Hirth, Alan) Modified on 11/30/2006 to term motion (D, S). |
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Filing 156
Order reporting that mediation was unsuccessful and directing counsel to file by 11/17/06 a jointly-proposed plan for subsequent proceedings, including dispositive motions. Signed by Judge David D. Dowd Jr. on 11/7/06. (Attachments: #1 Letter from Mediator 11-06-06)(D, S)
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| Filing 155 Letter dated 10/13/2006 to John Liber from Clerk Geri M. Smith regarding use of Courtroom for the purpose of mediation. (M, De) |
| Filing 154 Joint Notice Regarding Mediation filed by PASCO, Inc.. Related document(s) #153 . (Horn, Debra) |
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Filing 153
Order denying Motion to quash subpoena, but delaying the deposition duces tecum until further order (Related Doc #141 ); by 9/29/06 the parties shall jointly indicate any interest in global mediation; if no mediation, summary judgment motion on single issue due by 10/12/06; plaintiff to indicate by 10/26/06 any need for specific discovery. Signed by Judge David D. Dowd Jr. on 9/7/06.(D, S)
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| Filing 152 Excerpt from defendants' response to the Court's order of 8/11/06 and Exhibit A filed by PDP Group, Inc. and AccuTel, Inc. Filed under seal, #3966. Related document(s) #147 . (S, He) |
| Minutes of proceedings [non-document].Status Conference held on 9/6/2006 before Judge David D. Dowd Jr. Time: 75 mintues. (Court Reporter none) (M, De) |
| Filing 151 Notice Of Settlement Conference Attendees filed by all defendants. Related document(s) #146 . (Cantor, Mark) |
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Order [non-document] granting Motion of non-party Motors Insurance Corporation for leave to attend the status conference (Related Doc #150 ). Approved by Judge David D. Dowd Jr. on 9/5/06.(D, S)
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| Filing 150 Motion for Permission to Participate in Status Conference filed by Motors Insurance Corporation. (Lucchesi, Thomas) |
| Filing 149 Supplemental Discovery Issues for Consideration at September 6, 2006 Conference filed by PASCO, Inc.. (Attachments: #1 Exhibit A)Related document(s) #148 . (Hirth, Alan) Modified text on 9/5/2006 (P, G). |
| Filing 148 Discovery Issues for Consideration at September 6, 2006 Conference filed by PASCO, Inc.. (Attachments: #1 Exhibit A)Related document(s) #146 . (Hirth, Alan) Modified text on 8/21/2006 (P, G). |
| Filing 147 Response To The Court's Order of August 11, 2006 filed by all defendants. Related document(s) #144 . (Attachments: #1 Index of Exhibits#2 Exhibit A - Portion of protest letter to IRS filed in 1993 by ATS (Pasco), Peter and Celeste Spitalieri - FILED UNDER SEAL) (Cantor, Mark) Modified text on 8/21/2006 (P, G). |
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Filing 146
Order requiring at the status conference set for 9/6/2006, the attendance of a person from each corporate party who is knowledgeable and has authority with respect to the course of this litigation. There will be no telephone attendance by anyone. Counsel shall inform the Court in writing by noon on September 5, 2006, as to the identify of this person and his/her role with the corporation. (Related documents #144 and #145 . Signed by Judge David D. Dowd Jr. on 8/15/2006. (M, De)
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| Filing 145 Letter to the Court filed by all defendants. (Attachments: #1 Index of Exhibits#2 Exhibit A - Letter from Skakun to Court#3 Exhibit B - E-mail from Skakun to Cantor#4 Exhibit C - E-mail from Hirth to Cantor#5 Exhibit D - E-mail from Cantor to Hirth) (Cantor, Mark) Modified text on 8/15/2006 (P, G). |
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Filing 144
Order directing Defendants to show cause in writing by August 18, 2006 why the Court should not grant the protective order, given the areas of the subpoena which are being challenged. Each side is required to set forth in writing by August 18, 2006, that side's detailed itemization of outstanding discovery. The Court will conduct a status conference with lead counsel in personal attendance on September 6, 2006 at 12:00 Noon. The Court will not permit any deposition of the records custodian of Ciuni & Panichi until the Court has resolved the motion (Related document #141 . Signed by Judge David D. Dowd Jr. on 8/10/2006. (M, De) Modified on 8/14/2006 to create link (D, S).
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| Minutes of proceedings [non-document]. Status Conference held on 8/10/2006 before Judge David D. Dowd Jr. Time: 30 Minutes. (Court Reporter none) (M, De) |
| Filing 143 Notice Of Continuance Of Subpoena To Ciuni & Panichi filed by all defendants. Related document(s) #141 . (Cantor, Mark) |
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Filing 142
Order setting a Status Conference for 8/10/2006 at 9:00 AM in Chambers 402 before Hon. David D. Dowd Jr. re #141 Motion to quash Subpoena Served on Ciuni and Panichi. Signed by Judge David D. Dowd Jr. on 8/8/2006. (D, S)
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| Filing 141 Motion to quash Subpoena Served on Ciuni and Panichi and/or for Protective Order filed by PASCO, Inc.. Related document(s) #136 . (Attachments: #1 Subpoena of Ciuni & Panichi)(Horn, Debra) |
| Filing 140 Subpoena Returned Executed; served upon Howard Essner by Personal Service on 6/26/06 filed by all defendants (Lorelli, Marc) |
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Filing 139
Order directing the Clerk to disburse from the remaining funds the amount of $1,420.42 to the Special Master, Mr. Ray L. Weber. (related document #135 ). Signed by Judge David D. Dowd Jr. on 8/1/2006. (M, De)
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Filing 138
Trial Order scheduling case for trial on a stand-by basis for the two-week period beginning 9/10/2007 with final joint stipulations to be filed by 9/4/2007. Signed by Judge David D. Dowd Jr. on 8/1/2006. (M, De)
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Filing 137
Order approving the Special Master's suggestion (Doc. No. #134 ), except that the Court will modify the dispositive motion deadline by one day and add response and reply deadlines (See order for dates). The Court will also schedule the case for trial on a stand-by basis for the two-week period beginnning 9/10/2007 and issue a separate trial order. Signed by Judge David D. Dowd Jr. on 8/1/2006. (M, De)
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| Filing 136 Subpoena Returned Executed; served upon Ciuni & Panichi Inc. by Personal on 7/25/06 filed by all defendants (Cantor, Mark) |
| Financial Transaction in the amount of $10,000.00 received from plaintiff PASCO, Inc. for payment of Special Master; receipt # 54660000305. Related document(s) #121 . (S, He) |
| Filing 135 Invoice for Services Rendered filed by Special Master. (Weber, Ray) Modified text on 7/28/2006 (P, G). |
| Filing 134 Amended Report of Special Master Regarding Scheduling Order filed by Special Master. (Weber, Ray) |
| Filing 133 Subpoena Returned Executed; served upon Scott Keller by Personal Service on 7-20-06 filed by all defendants (Cantor, Mark) |
| Filing 132 Subpoena Returned Executed; served upon Dean Rhodes by Personal Service on 7-20-07 filed by all defendants (Cantor, Mark) |
| Filing 131 Subpoena Returned Executed; served upon Americredit Financial Services, Inc. by Personal Service on 7/19/06 filed by all defendants (Cantor, Mark) |
| Filing 130 Subpoena Returned Executed; served upon American International Group by Personal Service on 7/19/06 filed by all defendants (Cantor, Mark) |
| Filing 129 Subpoena Returned Executed; served upon Ohio Indemnity Company by Personal Service on 7-19-06 filed by all defendants (Cantor, Mark) |
| Filing 128 Subpoena Returned Executed; served upon State of Ohio by Personal Service on 7/19/06 filed by all defendants (Cantor, Mark) |
| Filing 127 Subpoena Returned Executed; served upon Huntington Bancshares Financial Corp. by Personal Service on 7/19/06 filed by all defendants (Cantor, Mark) |
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Filing 126
Order adopting the orders and deadlines in #125 Report of Special Master. Signed by Judge David D. Dowd Jr. on 7/27/2006. (D, S)
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| Filing 125 Report of Special Master (Order) Regarding Plaintiff's Motion to Compel filed by Special Master. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit B Cont.)(Weber, Ray) |
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Filing 124
Order adopting Special Master's Order relating to Pasco's Motion to Compel and for Sanctions (Related document #122 ). Signed by Judge David D. Dowd Jr. on 7/25/2006. (M, De)
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Filing 123
Order directing the Clerk to disburse from the remaining funds in the registry the amount of $17,925.10 for payment for services rendered in document #120 to Special Master Mr. Ray L. Weber. (Related document #119 . Signed by Judge David D. Dowd Jr. on 7/25/2006. (M, De)
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| Filing 122 Report of Special Master (Order) Regarding Pasco's Motion to Compel and for Sanctions filed by Special Master. (Attachments: #1 Exhibit A#2 Exhibit B)(Weber, Ray) |
| Financial Transaction in the amount of $10,000.00 received from defendants PDP Group, Inc. and AccuTel, Inc. for payment of the Special Master; receipt # 54660000238. Related document(s) #121 . (S, He) Modified to add payers on 7/26/2006 (S, He). |
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Filing 121
Order directing parties to pay into the registry an additional $10,000.00 each by no later than 7/12/2006. Thereafter, the Court will rule on the most recent bill of costs. The Court accepts the Fourth Status Report of the Special Master #119 and directs the master to continue managing the discovery according to his plan. The Clerk is directed to send a copy of this order to the Financial Department of the Court. Copy of order was issued to Financial Department on 6/26/2006. Signed by Judge David D. Dowd Jr. on 6/26/2006. (M, D)
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| Filing 120 Invoice for Services Rendered filed by Special Master. (Weber, Ray) Modified text on 7/28/2006 (P, G). |
| Filing 119 Fourth Report of Special Master filed by Special Master. (Weber, Ray) |
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Filing 118
Order granting Motion for order (Related Doc #117 ) and adopting the Special Master's order regarding the remaining discovery disputes. Signed by Judge David D. Dowd Jr. on 5/30/2006.(D, S)
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| Filing 117 Motion for (Order) Resolving Discovery Disputes filed by Special Master. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4(1)#5 Exhibit 4(2)#6 Exhibit 5#7 Exhibit 6#8 Exhibit 7#9 Exhibit 8#10 Exhibit 9#11 Exhibit 10#12 Exhibit 11#13 Exhibit 12)(Weber, Ray) |
| Filing 116 Supplemental Affidavit/Declaration filed by Special Master. (Weber, Ray) |
| Filing 115 Attorney Appearance of Jack Morrison, Jr. as co-counsel by Thomas R. Houlihan filed by PASCO, Inc. (Houlihan, Thomas) Modified text on 3/28/2006 (S, T). |
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Filing 114
Order a good use of the time between August 15, 2006, when defendants' fact discovery is due to be complete, and December 15, 2006, when summary judgment motions are due, would be a good time to engage in private mediation. The Court is willing to entertain a joint motion to that effect. Signed by Judge David D. Dowd Jr. on 2/21/2006. (M, D)
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| Minutes (non-document) of proceedings. Status Conference held on 2/21/2006 before Judge David D. Dowd Jr. Time: 30 Minutes. (Court Reporter none) (M, D) |
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Filing 113
Order (marginal) approving #112 Report of Special Master resolving discovery disputes. Signed by Judge David D. Dowd Jr. on 2/9/2006. (D, S) Modified on 2/13/2006 to indicate "marginal" order. (D, S).
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| Filing 112 Report of Special Master Resolving Discovery Disputes filed by Special Master. (Weber, Ray) |
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Order (non-document) granting Motion for leave for Substitution of Counsel (Related Doc #111 ) Approved by Judge David D. Dowd Jr. on 2/8/06.(M, D)
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| Filing 111 Motion for leave for Substitution of Counsel filed by all defendants. (Skakun, Mark) |
| Filing 110 Notice to take Deposition of PDP Group, Inc. Pursuant to Rule 30(b)(6) on February 21, 2006 filed by PASCO, Inc.. (Attachments: #1 Exhibit A) (Horn, Debra) |
| Filing 109 Attorney Appearance by Joshua M. Marks and Alan Ross filed by PASCO, Inc. (Marks, Joshua) Modified text on 1/17/2006 (S, T). |
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Filing 108
Order scheduling Status Conference for 2/21/2006 at 2:30 p.m. in Chambers 402 before Hon. David D. Dowd Jr. Signed by Judge David D. Dowd Jr. on 1/6/06. (M, D)
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Filing 107
Order approving Special Master's Scheduling Order with the addition of paragraphs 7 and 8 (Related Doc #105 , #106 ); defendants' fact discovery suspended; plaintiff's fact discovery cutoff is 3/31/06; defendants' fact discovery period is 4/1/06 to 8/15/06; dispositive motions due 12/15/06, with responses due 1/17/07 and replies due 2/7/07; see order for additional deadlines; no extensions of any deadlines will be permitted. Signed by Judge David D. Dowd Jr. on 11/17/05. (D, S)
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Filing 106
Order indicating that the Special Master's proposed case management schedule will be approved with the addition by the court of paragraphs 7 and 8; further indicating that there will be no delays or extensions permitted for any reason; redesignating the case from Standard Track to Complex Track. Signed by Judge David D. Dowd Jr. on 11/17/05. (D, S)
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| Filing 105 Report of Special Master (Scheduling Order) filed by Special Master. (Weber, Ray) |
| Financial Transaction in the amount of $2,175.07 Check # 348314 dated 10/21/04 sent to Ray Weber. Related document(s) #104 . (M, P) |
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Filing 104
Order directing the Clerk to disburse from the remaining funds in the registry the amount of $2,175.07 for services rendered in document #[103-2]to Special Master Mr. Ray L. Weber. Signed by Judge David D. Dowd Jr. on 10/14/05. (Attachments: #1 Unredated order)(M, D)
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| Filing 103 Third Report of Special Master filed by Special Master. (Attachments: #1 September Billing)(Weber, Ray) |
| Filing 102 Subpoena Returned Executed; served upon EDS Corp. (Deanne Kessler) by hand delivery on corporate agent on September 29, 2005 filed by PASCO, Inc. (Horn, Debra) |
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Filing 101
Marginal Order adopting #100 Report of Special Master. Signed by Judge David D. Dowd Jr. on 9/23/05. (D, S)
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| Filing 100 Report of Special Master (Discovery Order) filed by Special Master. (Weber, Ray) |
| Financial Transaction in the amount of $3240.00. Check # 346546 dated 9/15/05 sent to Mr. Ray L. Weber. Related document(s) #99 . (H, D) |
| Financial Transaction in the amount of $3,780.00. Check # 346387, dated 9/13/05, sent to Mr. Ray L. Weber. Related document(s) #91 , #92 . (H, D) |
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Filing 99
Order directing the Clerk to disburse the amount of $3,240.00 regarding bill of costs for services #96 . Notified financial in Cleveland by e-mail on 9/14/05. Signed by Judge David D. Dowd Jr. on 9/13/05. (M, D)
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Filing 98
Order adopting modifications authorized by the Special Master #97 . Signed by Judge David D. Dowd Jr. on 9/13/05. (M, D)
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| Filing 97 Report of Special Master (Order on Stipulated Discovery Request) filed by Special Master. Related document(s) #94 . (Weber, Ray) |
| Filing 96 Second Report of Special Master filed by Special Master. Related document(s) #90 . (Attachments: #1 August Billing)(Weber, Ray) |
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Filing 95
Order adopting #94 Findings and Order of Special Master, with one clarification regarding expert depositions (see order for specifics); remedial discovery due by 9/15/2005; all fact Discovery due by 1/30/2006; expert reports exchanged by 2/15/2006, rebuttal reports by 3/15/2006 and thereafter depositions of experts completed by 4/17/2006; Dispositive Motions due by 5/15/2006; any request for extension must be certified as warranted by the Special Master, who is directed to continue monitoring discovery. Signed by Judge David D. Dowd Jr. on 8/16/2005. (D, S)
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| Filing 94 Report of Special Master Findings and Order on Discovery Issues filed by Special Master. Related document(s) #89 . (Weber, Ray) |
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Filing 93
Order directing Clerk to disburse funds in the amount of $3,780.00 to Ray Weber. Signed by Judge David D. Dowd Jr. on 8/8/05. Original mailed to Financial/Cleveland, Ohio on 8/10/05. (Attachments: #1 Unredacted Order)(M, D)
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| Filing 92 Bill for Services Rendered filed by Special Master. See document number #89 . (Weber, Ray) Modified text on 8/10/2005 (M, V). |
| Filing 91 Status Report filed by Special Master. Related document(s) #90 . (Weber, Ray) |
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Filing 90
Order directing Special Master to file a status report by 8/5/05. Signed by Judge David D. Dowd Jr. on 7/25/05. (M, D)
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Filing 89
Order appointing Attorney Ray L. Weber to serve as Special Master to resolve discovery disputes. (See order for specifics) Signed by Judge David D. Dowd Jr. on 6/20/05. (M, D)
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| Filing 88 Affidavit/Declaration filed by Special Master. Related document(s) #86 . (Weber, Ray) |
| Financial Transaction in the amount of $20,000.00 received on 6/10/2005. Receipt # 516870 (Defendant) and 516871 (Plaintiff). Related document(s) #87 . (S, T) |
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Filing 87
Order that the Clerk is to accept and deposit into the registry of the Court two (2) $10,000.00 checks for payment of the Special Master. (See order for specifics). Signed by Judge David D. Dowd Jr. on 6/11/05. (M, D)
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Filing 86
Order that the Court intends to appoint as Special Master Attorney Ray L. Weber and requests that he file an affidavit by 6/17/05, disclosing whether there is any ground for disqualification. Copy to Ray Weber by electronic notice. Signed by Judge David D. Dowd Jr. on 6/10/05. (Attachments: #1 Letter)(M, D)
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| Filing 85 Transcript of Status Conference Proceedings held on 5/11/2005 before Judge Dowd filed manually. To obtain a bound copy of this transcript please contact Court Reporter Rich DelMonico at 330-472-1830. Complete document on file, 26 pages. (S, T) |
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Filing 84
Order re #68 , #69 . Absent a jointly-submitted statement filed by 6/10/05 that all discovery disputes have been resolved, the Court intends to appoint a Special Master to handle the disputes. Each side will be required to deposit $10,000.00 into the Court's registry for payment of the Special Master. Signed by Judge David D. Dowd Jr. on 5/11/05. (R, J)
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| Minutes of proceedings (non-document). Status Conference held on 5/11/05 before Judge David D. Dowd Jr. Time: 30 Minutes. (Court Reporter Rich DelMonico) (M, D) |
| Filing 83 Letter to The Honorable David D. Dowd, Jr. filed by PASCO, Inc.. Related document(s) #81 . (Horn, Debra) |
| Filing 82 Letter to Honorable David D. Dowd, Jr. filed by all defendants. (Attachments: #1 Exhibit A#2 Exhibit B)(Cantor, Mark) |
| Filing 81 Letter to the Honorable David D. Dowd, Jr. filed by all defendants. Related document(s) #79 . (Cantor, Mark) |
| Filing 80 Letter to The Honorable David D. Dowd, Jr. filed by PASCO, Inc.. Related document(s) #79 . (Horn, Debra) |
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Filing 79
Order deferring ruling on plaintiff's Motion to compel discovery (Related Doc #68 ), deferring ruling on defendants' Motion to compel discovery (Related Doc #69 ), granting in part and denying in part #77 Motion to Extend Deadlines in that the 4/29/2005 discovery cut-off is vacated and will be reconsidered after status conference; Status Conference set for 5/11/2005 at 02:30 PM is moved forward to 01:30 PM; see order for additional requirements and deadlines. Signed by Judge David D. Dowd Jr. on 4/21/05.(D, S)
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| Filing 78 Reply in support of its motion to compel and surreply in opposition to plaintiff's motion to compel defendant Accutel to produce documents filed by all defendants. Related document(s) #68 , #69 . (Lorelli, Marc) Modified on 4/22/2005 (N, D). |
| Filing 77 Motion for extension of Fact Discovery until July 29, 2005 filed by PASCO, Inc.. Related document(s) #45 . (Attachments: #1 Exhibit 1#2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D#6 Exhibit E#7 Exhibit F)(Horn, Debra) |
| Filing 76 Reply to response to Motion to compel discovery of Accutel to Produce Documents and a Corporate Representative to Testify, Motion to compel discovery Interrogatory Responses and Responsive Documents and Surreply in Opposition to Defendants' Motion to Compel filed by PASCO, Inc.. Related document(s) #68 , #69 . (Attachments: #1 Exhibit 1)(Horn, Debra) |
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Order (non-document) denying as moot Motion for order (Related Doc #56 ), in view of resolution of the dispute by the parties (Related Doc #67 ). Entered on behalf of Judge David D. Dowd Jr. on 4/19/05.(D, S)
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| Filing 75 Subpoena Returned Executed upon Calfee, Halter & Griswold by Personal Service on 4/13/05 filed by all defendants (Schaefer, David) Modified on 4/15/2005 (N, D). |
| Filing 74 Reply in support of its motion to compel and response to plaintiff's motion to compel documents and deposition of defendant Accutel filed by all defendants. Related document(s) #68 , #69 . (Lorelli, Marc) Modified on 4/14/2005 (N, D). |
| Filing 73 Notice to take Deposition of Defendant AccuTel, Inc. Employees Lee McCarty and John Lorenz on April 28 & April 29, 2005 filed by PASCO, Inc. (Horn, Debra) Modified on 4/12/2005 (N, D). |
| Filing 72 Notice of Service of Plaintiff's Response to Defendants' Motion to Compel Filed in Violation of Local Rule 37.1 and Federal Rule 37 filed by PASCO, Inc.. Related document(s) #70 . (Horn, Debra) |
| Filing 71 Notice to take Deposition of PDP Group Employees Donna Rinaca, Charles Feihe, James Pitcher and James Grant on April 28 and 29, 2005 filed by PASCO, Inc. (Horn, Debra) Modified on 4/12/2005 (N, D). |
| Filing 70 Response to defendants' Motion to compel Interrogatory Responses and Responsive Documents filed by PASCO, Inc. Related document(s) #69 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E)(Horn, Debra) Modified on 4/12/2005 (N, D). |
| Filing 69 Motion to compel Interrogatory Responses and Responsive Documents filed by all defendants. (Attachments: #1 Index of Exhibits#2 Exhibit 1#3 Exhibit 2#4 Exhibit 3#5 Exhibit 4#6 Exhibit 5#7 Exhibit 6)(Cantor, Mark) Modified on 4/12/2005 (N, D). Modified on 9/2/2005 to term motion, see #95 . (D, S). |
| Filing 68 Motion to compel discovery of Accutel to Produce Documents and a Corporate Representative to Testify filed by PASCO, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L)(Horn, Debra) Modified on 9/2/2005 to term motion, see #95 . (D, S). |
| Filing 67 Joint Status Report Regarding Redesignation of PDP Documents filed by all parties. Related document(s) #63 , #56 , #59 , #60 . (Horn, Debra) Modified on 4/4/2005 (N, D). |
| Filing 66 Notice of Service of Plaintiff's Responses to Defendants AccuTel's and PDP's Interrogatories, Document Requests, and Requests for Admission filed by PASCO, Inc.. (Horn, Debra) |
| Filing 65 Notice of Service of Plaintiff's Second Request for Production of Documents on Defendant AccuTel filed by PASCO, Inc.. (Horn, Debra) |
| Filing 64 Notice of Filing Petition to Enforce Subpoenas in Michigan Federal Court filed by PASCO, Inc.. (Attachments: #1 Exhibit Petition to Enforce Subpoenas#2 Exhibit Motion to Compel#3 Exhibit Motion to Compel (continued))Related document(s) #52 , #53 , #54 . (Horn, Debra) |
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Filing 63
Order deferring ruling plaintiff's Motion for order requiring defendants to declassify documents (Related Doc #56 ); the parties have until 4:00 p.m. on 4/1/05 to resolve this dispute and file a joint report; failing that resolution, briefing shall take place as set forth in detail in the order; further, defendants are placed on notice of the possibility of monetary sanctions. Signed by Judge David D. Dowd Jr. on 3/17/05.(D, S)
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| Filing 62 Subpoena Returned Executed; served upon M. Lynn O'Dell by personal service on March 7, 2005 filed by PASCO, Inc. (Horn, Debra) Modified on 3/14/2005 (N, D). |
| Filing 61 Subpoena Returned Executed; served upon Troy L. Moore by personal service on March 5, 2005 filed by PASCO, Inc. (Horn, Debra) Modified on 3/14/2005 (N, D). |
| Filing 60 Reply in support of Motion for Order to Declassify Documents Designated by Defendant PDP as Highly Confidential and for Sanctions filed by PASCO, Inc. Related document(s) #56 . (Horn, Debra) Modified on 3/10/2005 (N, D). |
| Filing 59 Letter filed by all defendants (faxed to chambers). Related document(s) #56 , #57 , #58 . (Attachments: #1 Exhibit Letter dated 3/4/05 #2 Exhibit Letter dated 2/10/05)(D, S) |
| Filing 58 Exhibits C and D in support of plaintiff's motion for order pursuant to protective order to declassify the documents designated by PDP as highly confidential and for sanctions (SEALED #3624) filed by PASCO, Inc..Related document(s) #56 , #57 . (P, S) |
| Filing 57 Notice of Manual Filing of Exhibits Under Seal in Support of Plaintiff's Motion for Order Pursuant to Protective Order to Declassify the Documents Designated by PDP As Highly Confidential and For Sanctions filed by PASCO, Inc.. Related document(s) #56 . (Horn, Debra) |
| Filing 56 Motion for Order to Declassify Documents Designated by Defendant PDP as Highly Confidential and for Sanctions filed by PASCO, Inc.. Related document(s) #42 . (Attachments: #1 Exhibit A - Local Rule Certificattion#2 Exhibit B - Letter designating documents as HIGHLY CONFIDENTIAL#3 Exhibit C - documents Designated as HIGHLY CONFIDENTIAL - to be filed under seal#4 Exhibit D - Mickler deposition transcript pages)(Horn, Debra) |
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Filing 55
Order rescheduling Status Conference for 5/11/2005 at 2:30 p.m. in Chambers 402 before Hon. David D. Dowd Jr. Signed by Judge David D. Dowd Jr. on 3/4/05. (M, D)
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| Filing 54 Subpoena Returned Executed; served upon General Motors Acceptance Corporation c/o CT Corp. by Woodrow Myree on February 24, 2005 filed by PASCO, Inc. (Horn, Debra) |
| Filing 53 Subpoena Returned Executed; served upon GMAC Insurance Holdings, Inc. by personal service on February 22, 2005 filed by PASCO, Inc. (Horn, Debra) Modified on 3/1/2005 (N, D). |
| Filing 52 Subpoena Returned Executed; served upon Motors Insurance Corporation by personal service on February 22, 2005 filed by PASCO, Inc. (Horn, Debra) Modified on 3/1/2005 (N, D). |
| Filing 51 Subpoena Returned Executed; served upon Executive Temporaries, Inc. by personal service on February 18, 2005 filed by PASCO, Inc. (Horn, Debra) Modified on 2/23/2005 (N, D). |
| Filing 50 Notice to take Deposition of Defendant Accutel Pursuant to Rule 30(b)(6) on March 3, 2005 filed by PASCO, Inc.. (Horn, Debra) |
| Filing 49 Notice to take Deposition of Defendant PDP Pursuant to Rule 30(b)(6) on March 1, 2005 filed by PASCO, Inc.. (Horn, Debra) |
| Filing 48 Subpoena Returned Executed; served upon Carolyn E. Mickler by personal service on January 21, 2005 filed by PASCO, Inc. (Horn, Debra) Modified on 2/2/2005 (N, D). |
| Filing 47 Notice of Service of supplemental response to defendant Accutel's first set of interrogatories and request for documents filed by PASCO, Inc. (Horn, Debra) Modified on 12/6/2004 (N, D). |
| Filing 46 Envelope containing materials for in camera inspection. (FILED UNDER SEAL #3582)Related document(s) #43 . (P, S) |
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Filing 45
Order directing that discovery proceed under the terms of the confidentialityagreement and protective order. Plaintiff shall respond to any discovery requests from the defendants which are presently outstanding by no later than December 3, 2004. Defendants shall then respond to any of plaintiff's outstanding discovery requests by December 23, 2004. Fact discovery deadline is extended to 4/29/2005 and Status Conference set for 5/12/2005 at 12:00 p.m. to set further case management deadlines. (See order as to additional directions of the Court). Signed by Judge David D. Dowd Jr. on 11/15/2004. (M, D)
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| Filing 44 Letter and fax sheet dated 11/11/1004 of defendants to Judge Dowd (Related document(s) #40 ). (Filed per order #43 ). (M, D) |
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Filing 43
Order directing Clerk to file the envelope of materials under seal and directing the Clerk to file letter on behalf of defendants. Signed by Judge David D. Dowd Jr. on 11/15/2004. (M, D)
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Filing 42
Confidentiality Stipulation & Protective Order. Signed by Judge David D. Dowd Jr. on 11/12/2004. (D, S)
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| Filing 41 Notice of Joint Submission of Revised Confidentiality Stipulation and Protective Order filed by PASCO, Inc.. (Attachments: #1 Exhibit 1)Related document(s) #38 . (Hirth, Alan) |
| Filing 40 Response to the Court's November 2, 2004 Order and In Camera Filing filed by PASCO, Inc.. Related document(s) #38 . (Attachments: #1 Exhibit A#2 Exhibit 1#3 Exhibit 2#4 Exhibit 3#5 Exhibit 4#6 Exhibit 5#7 Exhibit 6#8 Exhibit 7#9 Exhibit 8#10 Exhibit 9#11 Exhibit 10#12 Exhibit 11) (Hirth, Alan) |
| Filing 39 FILING ERROR, Exhibit missing to be refiled. Response to the Court's November 2, 2004 Order and In Camera Filing filed by PASCO, Inc.. Related document(s) #38 . (Attachments: #1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11) (Hirth, Alan) Modified text on 11/10/2004 (P, G). |
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Filing 38
Order denying the request to refer discovery disputes to the magistrate judge #37 and directing plaintiff to file materials for in camera inspection by 11/16/04 (see order for specifics); further rejecting the proposed confidentiality stipulation and protective order #36 and inviting counsel to resubmit an order complying with directives. Signed by Judge David D. Dowd Jr. on 11/2/04. (D, S)
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| Filing 37 Notice of Request to Refer Discovery Disputes to the Magistrate For Resolution filed by all defendants. (Lorelli, Marc) Modified on 11/2/2004 (N, D). |
| Filing 36 Notice of Submission of Confidentiality Stipulation and Protective Order filed by all defendants. (Attachments: #1 Exhibit Ex 1 - Confidentiality Stipulation and Protective Order) (Lorelli, Marc) |
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Filing 35
Order re: letter from counsel that counsel shall submit by 10/29/2004 their jointly proposed protective order/confidentiality agreement; if counsel cannot agree to one order, each counsel shall submit his own proposed order by that same date and the court will pick one. Signed by Judge David D. Dowd Jr. on 10/22/2004. (Attachments: #1 Exhibit 10/20/2004 Letter from Counsel)(D, S)
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| Filing 34 Notice of Service of Plaintiff's Response to Defendant PDP Group, Inc.'s First Set of Admission Requests filed by PASCO, Inc.. (Hirth, Alan) |
| Filing 33 Notice of Service of Plaintiff's Response to Defendant AccuTel's First Set of Admission Requests filed by PASCO, Inc.. (Hirth, Alan) |
| Filing 32 Notice of Service of Defendant Accutel, Inc.'s Response to Plaintiff's Interrogatories Nos. 2-8, 11, 15 and 20 to Accutel, Inc. and Defendant PDP Group, Inc.'s Response to Plaintiff's First Interrogatories Nos. 2, 3, 5, 7, 8, 10, 15, 16, 19 and 20 to PDP Group, Inc. filed by all defendants. (Cantor, Mark) |
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Order (non-document) granting #31 Motion for extension of time until October 18, 2004 to Respond to Defendants' Second Set of Admission Requests. Entered on behalf of Judge David D. Dowd Jr. on 10/5/2004.(M, D)
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| Filing 31 Motion for extension of time until October 18, 2004 to Respond to Defendants' Second Set of Admission Requests filed by PASCO, Inc.. (Horn, Debra) |
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Filing 30
Order denying cross-motions to compel discovery (Related Doc #25 , #27 ) and admonishing counsel to cooperate as set forth in detail in the order. Signed by Judge David D. Dowd Jr. on 9/7/04.(D, S)
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| Filing 29 Second Notice of Re-Filing of Exhibits to Plaintiff's Motion to Compel Discovery Responses from Defendants filed by PASCO, Inc.. (Attachments: #1 Response to Request for Production of Documents #2 Response to Interrogatories #3 Request for Production of Documents #4 Response to Interrogatories )Related document(s) #27 . (Hirth, Alan) Modified description of attachments on 9/9/2004 (P, S). |
| Filing 28 FILING ERROR. Notice of Re-Filing of Exhibits to Motion to Compel Discovery Responses from Defendants filed by PASCO, Inc.. (Attachments: #1 #2 #3 #4)Related document(s) #27 . (Hirth, Alan) (Attachments 2,3, & 4 not readable, filer notified to use 3.0 or 4.0 version, to be re-filed) Modified on 9/3/2004 (R, Ci). Modified text on 9/9/2004 (P, S). |
| Filing 27 Motion to compel discovery responses from defendants filed by PASCO, Inc.. (Attachments: #1 #2 #3 #4 #5 #6 #7 #8 #9)(Hirth, Alan) (Attachments # 5,6,7 & 8 not readable, filer notfied, to be re-filed) Modified on 9/3/2004 (R, Ci). |
| Filing 26 Brief in Support of Its Motion to Compel and for a Protective Order filed by all defendants. Related document(s) #25 . (Attachments: #1 Exhibit Exhibit 1 - Pl rsp to def AccuTel's 1st Interrogs#2 Exhibit Ex 2A - Def PDP Resp to Pl 1st Doc Req#3 Exhibit Ex 2B - Def AccuTel's Resp to Pl 1st Doc Req) (Cantor, Mark) |
| Filing 25 Motion to compel discovery And For A Protective Order filed by all defendants. (Attachments: #1 Proposed Order)(Cantor, Mark) |
| Filing 24 Notice of Service of Defendants First Set of Admission Requests filed by all defendants. (Lorelli, Marc) |
| Filing 23 Notice of Service of Defendants' Response to Plaintiff's First Set of Discovery filed by all defendants. (Cantor, Mark) |
| Filing 22 Notice of Service of Plaintiff's Response to Defendant Accutel's First Set of Document Requests filed by PASCO, Inc.. (Hirth, Alan) |
| Filing 21 Notice of Service of Plaintiff's Response to Defendant Accutel's First Set of Interrogatories filed by PASCO, Inc.. (Hirth, Alan) |
| Filing 20 Amended Answer to Complaint filed by all defendants. (Cantor, Mark) |
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Filing 19
Case Management Conference Plan/Order placing case on Standard Track. Amended Pleadings due by 8/31/2004. Discovery due by 1/30/2005. Dispositive Motions due by 2/27/2005; Responses due 3/19/2005; and replies due 4/2/2005. If defendants request a stay for arbitration, the motin should be filed by 9/3/2004. (See paragraph #9 for Case-specific rulings as to type and extent of discovery) Signed by Judge David D. Dowd Jr. on 7/16/2004. (M, D)
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| Filing 18 Answer to Complaint (Related Doc #1 ) filed by AccuTel, Inc., PDP Group, Inc.. (Lorelli, Marc) Modified on 7/14/2004 (R, Ci). |
| Minutes of proceedings(non-document). Case Management Conference held on 7/12/2004 before Judge David D. Dowd Jr. Time: 60 Minutes. (Court Reporter-none) (M, D) |
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Filing 17
Order denying defendants' Motion to dismiss for lack of personal jurisdiction (Related Doc #11 ); see order for specifics; Case Management Conference will proceed as scheduled. Signed by Judge David D. Dowd Jr. on 7/2/04.(D, S)
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Order (non-document) granting Motion to excuse the presence of Plaintiff's Representative at the Case Management Conference (Related Doc #15 ). Signed by Judge David D. Dowd Jr. on 7/2/2004.(M, D)
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| Filing 16 Opposition to Motion to dismiss filed by PASCO, Inc.. Related document(s) #11 . (Attachments: #1 #2 #3 #4)(Horn, Debra) |
| Filing 15 Motion to excuse the presence of Plaintiff's Representative at the Case Management Conference filed by PASCO, Inc.. (Hirth, Alan) |
| Filing 14 Initial Disclosures /Proposed Discovery Plan filed by PASCO, Inc.. (Hirth, Alan) |
| Filing 13 Motion to excuse the Presence of Defendants' Representatives at the Case Management Conference filed by PDP Group, Inc.. (Schaefer, David) |
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Order (non-document) granting defendants' Motion to excuse personal attendance of defendants' party representatives at the Case Management Conference (Related Doc #13 ); counsel must attend in person. Entered on behalf of Judge David D. Dowd Jr. on 6/23/04.(D, S) Modified on 6/24/2004 (R, Ci).
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Filing 12
Order directing plaintiff to file a response to #11 defendants' Motion to dismiss by 12:00 noon on 7/1/04; no reply will be permitted. Signed by Judge David D. Dowd Jr. on 6/22/04. (D, S)
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| Filing 11 Motion to dismiss filed by PDP Group, Inc.. (Attachments: #1 Brief in Support of Defendants' Motion to Dismiss#2 Exhibit List#3 Exhibit 1#4 Exhibit 2#5 Exhibit 3)(Schaefer, David) |
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Order (non-document) granting Motion for Pro Hac Vice of Mark A. Cantor and Marc Lorelli (Related Document #10 . Entered on Behalf of Judge David D. Dowd Jr. on 6/16/2004. (M, D)
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| Filing 10 Motion for Pro Hac Vice Admission of Mark A. Cantor, Esq. and Marc Lorelli, Esq. by David A. Schaefer filed by on behalf of all defendants. (Attachments: #1 Affidavit Mark A. Cantor#2 Certificate of Good Standing#3 Affidavit Marc Lorelli#4 Certificate of Good Standing) (Schaefer, David) Modified on 6/17/2004 (R, Ci). |
| Financial Transaction in the amount of $380.00 for motion of attorneys Mark A. Cantor & Marc Lorelli to appear pro hac vice. Receipt #661501. Related document(s) #10 . (C, BA) |
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Filing 9
Case Management Conference Scheduling Order with case management conference to be held on 7/12/2004 at 12:00 p.m. in Chambers 402. Signed by Judge David D. Dowd Jr. on 6/8/2004. (Attachments: #1 E-Mail Notification#2 Discovery Plan#3 Rule 30.1#4 Manual#5 Map)(M, D)
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| Filing 8 Notice of Magistrate Consent form. (M, D) |
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Filing 7
Marginal Order granting in part Defendants' Motion for leave to plead. Responsive pleading due 6/21/2004 (Related Doc #6 ). Signed by Judge David D. Dowd Jr. on 6/7/2004.(M, D)
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| Filing 6 Motion for extension of time until 7/7/04 to plead filed by AccuTel, Inc., PDP Group, Inc. (Schaefer, David) Modified on 6/4/2004 (N, D). |
| Filing 5 Return of Service Executed upon Accutel, Inc. c/o CT Corporation by Rebecca L. Lundin, Process Server, on May 17, 2004 filed by PASCO, Inc. (Hirth, Alan) |
| Filing 4 Return of Service Executed upon PDP Group, Inc. c/o CT Corporation by Karen L. Smolen on May 14, 2004 filed by PASCO, Inc. Related document(s) #1 . (Hirth, Alan) |
| Filing 3 Corporate Disclosure Statement filed by PASCO, Inc. (C, BA) |
| Filing 2 Random Assignment of Magistrate Judge Limbert (C, BA) |
| Filing 1 Complaint with jury demand against AccuTel, Inc. & PDP Group, Inc. (2 summons and Magistrate Consent Forms issued to counsel). Filed by PASCO, Inc. Filing fee paid; receipt number 660819. (Attachments: #1 Civil Cover Sheet)(C, BA) |
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