Thomas & Marker Construction Co v. Wal-Mart Stores Inc
| Thomas & Marker Construction Co |
| Wal-Mart Stores Inc, Wal-Mart Real Estate Business Trust, Jergens Bales Contractors, Inc. and Stephen T. Metzger |
| Ohio Farmers Insurance Company |
| 3:2006cv00406 |
| December 22, 2006 |
| US District Court for the Southern District of Ohio |
| Contract: Other Office |
| Thomas M Rose |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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| Filing 251 RECEIPT FOR EXHIBITS of Defendants' exhibits and Joint exhibits to the law firm of Dinsmore & Shohl. (mdf1) |
Filing 250
ORDER of USCA as to #237 Notice of Appeal filed by Thomas & Marker Construction Co and #233 Notice of Appeal filed by Wal-Mart Stores Inc. - IT IS ORDERED that the motion be and hereby is granted. These appeals are remanded to the District Court for further proceedings. See First National Bank of Salem, Ohio v. Hirsch, 535 F.2d at 343 (6th Cir. 1976). (jdf1)
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Filing 249
ORDER - Considering the parties desire to settle and circumstances of this case, and the entire record, the Court GRANTS the motion: The Courts judgment of January 15, 2009 (Doc. No. #211 ), and its Opinion and Order, and corresponding judgment, of April 27, 2009 (Doc. Nos. #230 & #231 ), are hereby VACATED; The pending motion for attorney fees and expenses (Doc. No. #241 ), and any other pending motions, are DENIED AS MOOT, and All claims and counterclaims, of any party, are DISMISSED WITH PREJUDICE, without any award of costs or fees. This case is closed.. Signed by Judge Thomas M Rose on 07/31/09. (phil1, )
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| Filing 248 Joint MOTION to Vacate Under Rule 60(B) by Plaintiff Thomas & Marker Construction Co, Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Jabe, Daniel) |
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Filing 247
ORDER - IT IS THEREFORE ORDERED BY THE COURT that the stay entered on July 6,2009 is lifted; IT IS FURTHER ORDERED that, if this case is remanded to this Court by the Court of Appeals, this Court is disposed to grant the parties 60(b) motion; and IT IS FURTHER ORDERED that the case be continued, and all briefing deadlines suspended, pending remand by the Sixth Circuit. Signed by Judge Thomas M Rose on 07/28/09. (phil1, )
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| Filing 246 Joint MOTION to Vacate Under Rule 60(B) by Defendant Wal-Mart Stores Inc. (Jabe, Daniel) |
| Minute Entry for proceedings held before Judge Thomas M Rose: Status Conference held on 7/22/2009. (jg, ) |
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NOTATION ORDER granting #245 Motion for Leave to Appear Pro Hac Vice of Brian J. Murray. Signed by Judge Thomas M Rose on 07/13/09. (phil1, )
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| Filing 245 MOTION for Leave to Appear Pro Hac Vice of Brian J. Murray (Filing fee $ 200) by Defendant Wal-Mart Stores Inc. (Attachments: #1 Certificate of Admission) (Jabe, Daniel) |
| Filing 244 NOTICE by Defendant Wal-Mart Stores Inc of Withdrawal of Dinsmore & Shohl, LLP and Substitution of Jones Day as Counsel for Defendant Wal-Mart Stores, Inc. (Jabe, Daniel) |
| PHV Filing fee: For Brian J. Murray $ 200, receipt number 200COL008504 (sr) |
| NOTICE of Hearing: Telephone Status Conference set for 7/22/2009 at 10:00 AM before Judge Thomas M Rose. (de, ) |
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NOTATION ORDER granting #243 Motion to Stay. Signed by Judge Thomas M Rose on 7-6-2009. (de, )
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| Filing 243 Joint MOTION to Stay of Proceedings by Defendant Wal-Mart Stores Inc. (Jabe, Daniel) |
| USCA Case Number 09-3592 for #233 Notice of Appeal filed by Wal-Mart Stores Inc. (bev1, ) |
| Filing 242 MOTION for Discovery (Leave to Engage in Expidited Written Discovery) by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 241 MOTION for Attorney Fees Costs and Expenses by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Part 1, #5 Exhibit D - Part 2, #6 Exhibit D - Part 3, #7 Exhibit D - Part 4, #8 Exhibit D - Part 5, #9 Exhibit D - Part 6, #10 Exhibit D - Part 7, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H) (Bodin, John) |
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Filing 240
ENTRY AND ORDER GRANTING WAL-MARTS MOTION TO APPROVE SUPERSEDEAS BOND AND TO STAY ENFORCEMENT OF THE JUDGMENTS ENTERED ON JANUARY 15 AND APRIL 27, 2009PENDING APPEAL (Doc. #234 ). Signed by Judge Thomas M Rose on 06/01/09. (phil1, )
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| USCA Case Number 09-3625 for #237 Notice of Appeal filed by Thomas & Marker Construction Co. (bev1, ) |
| Filing 239 RESPONSE to Motion re #234 MOTION to Approve Supersedeas Bond and to Stay the Judgment Pending Appeal (Conditional Consent) filed by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit A) (Bodin, John) |
| Filing 238 NOA Filing fee: $ 455.00, RE #237 receipt number 300DAY0003197 (phil1, ) Modified on 5/27/2009 (phil1, ). Modified on 5/27/2009 (phil1, ). (phil1, ). |
| Filing 237 NOTICE OF APPEAL as to #209 Judgment,, by Plaintiff Thomas & Marker Construction Co. Filing fee $ 455. (Bodin, John) |
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NOTATION ORDER granting #236 Motion for Extension of Time. Signed by Judge Thomas M Rose on 5-21-2009. (de, )
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| Filing 236 MOTION for Extension of Time New date requested 6/10/2009. in Which to Submit its Application for Costs and Expenses as the Prevailing Party Under the Construction Agreement by Plaintiff Thomas & Marker Construction Co. (Stolly, Terrence) |
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NOTATION ORDER overruling without prejudice to refiling #235 Motion for Extension of Time, for failure to comply with Local Rule 7.3(a). Signed by Judge Thomas M Rose on 5-19-2009. (de, )
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| Filing 235 MOTION for Extension of Time New date requested 6/10/2009. to Submit its Application for Costs and Expenses as the Prevailing Party Under the Construction Agreement by Plaintiff Thomas & Marker Construction Co. (Stolly, Terrence) |
| Filing 234 MOTION to Approve Supersedeas Bond and to Stay the Judgment Pending Appeal by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit A) (Jabe, Daniel) |
| Filing 233 NOTICE OF APPEAL by Defendant Wal-Mart Stores Inc. Filing fee $ 455. (Jabe, Daniel) |
| USCA Appeal Fees received re #233 Notice of Appeal: $ 455.00, receipt number 200COL007622 (kk2) |
| Filing 232 NOTICE of Appearance by Daniel N Jabe Defendant Wal-Mart Stores Inc (Jabe, Daniel) |
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NOTATION ORDER granting #231 Motion for Leave to File Its Application For Costs And Expenses As The Prevailing Party Under The Construction Agreement. This Court uses the loadstar method to determine the amount of attorneys' fees.. Signed by Judge Thomas M Rose on 5/1/09. (jg, )
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| Filing 231 MOTION for Leave to File Its Application for Costs and Expenses as the Prevailing Party Under the Construction Agreement by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 230 CLERK'S JUDGMENT. (phil1, ) |
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Filing 229
ENTRY AND ORDER OVERRULING WAL-MARTS MOTION FOR JUDGMENT AS A MATTER OF LAW (Doc. #212 ); OVERRULING WALMARTS MOTION FOR A NEW TRIAL OR IN THE ALTERNATIVEFOR REMITTITUR (Doc. #213 ); OVERRULING WAL-MARTS MOTION FOR RELIEF FROM JUDGMENT (Doc. #215 ); GRANTING THOMAS & MARKERS MOTION FOR PRE-JUDGMENT INTEREST (Doc. #218 ) AND AWARDING $293,802.96 IN PRE-JUDGMENT INTEREST;FINDING THAT THOMAS AND MARKER IS THE PREVAILING PARTY (Docs. #214 , #217 ); AND OVERRULING WAL-MARTS MOTION FOR A STAY OF EXECUTION (Doc. #216 ). Signed by Judge Thomas M Rose on 04/27/09. (phil1, )
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| Filing 228 REPLY to Response to Motion re #215 MOTION to Set Aside #209 Judgment,, Motion for Relief From Judgment Pursuant to Rule 60(b) filed by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 227 REPLY to Response to Motion re #212 MOTION for Judgment as a Matter of Law Renewed filed by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit A) (Bissinger, Mark) |
| Filing 226 REPLY to Response to Motion re #213 MOTION for New Trial Or, In the Alternative, For Remittitur filed by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 225 REPLY to Response to Motion re #218 MOTION Pre-Judgment Interest, #217 MOTION for Attorney Fees and Post-Trial Brief as to Which Party is the Prevailing Party Under the Contract filed by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 224 RESPONSE in Opposition re #214 MOTION for Attorney Fees Motion to Find Both Parties to Be Prevailing filed by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 223 RESPONSE in Opposition re #215 MOTION to Set Aside #209 Judgment,, Motion for Relief From Judgment filed by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 222 RESPONSE in Opposition re #212 MOTION for Judgment as a Matter of Law Renewed filed by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 221 RESPONSE in Opposition re #213 MOTION for New Trial Or, In the Alternative, For Remittitur filed by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 220 RESPONSE to Motion re #218 MOTION Pre-Judgment Interest filed by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit A) (Bissinger, Mark) |
| Filing 219 RESPONSE to Motion re #217 MOTION for Attorney Fees and Post-Trial Brief as to Which Party is the Prevailing Party Under the Contract filed by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 218 MOTION Pre-Judgment Interest by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit A) (Bodin, John) |
| Filing 217 MOTION for Attorney Fees and Post-Trial Brief as to Which Party is the Prevailing Party Under the Contract by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 216 MOTION to Stay re #209 Judgment,, by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Bissinger, Mark) |
| Filing 215 MOTION to Set Aside #209 Judgment,, Motion for Relief From Judgment by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 214 MOTION for Attorney Fees Motion to Find Both Parties to Be Prevailing by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 213 MOTION for New Trial Or, In the Alternative, For Remittitur by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Bissinger, Mark) |
| Filing 212 MOTION for Judgment as a Matter of Law Renewed by Defendant Wal-Mart Stores Inc. Responses due by 2/23/2009 (Attachments: #1 Exhibit A) (Bissinger, Mark) |
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NOTATION ORDER overruling #211 Motion to Stay. There are no post-judgment motions pending and this matter has not been appealed. Signed by Judge Thomas M Rose on 1-30-2009. (de, )
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| Filing 211 MOTION to Stay re #209 Judgment,, by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Bissinger, Mark) |
| Filing 210 CLERK'S JUDGMENT with Attached Notice of Disposal. (phil1, ) |
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Filing 209
JUDGMENT ENTRY - It is, therefore, ORDERED, ADJUDGED, and DECREED, that judgment be and hereby is rendered for Plaintiff upon Plaintiffs Complaint for breach of contract against Defendant in the amount of $986,047.88 with post-judgment interest from and after the date of this Judgment Entry. It is further ORDERED, ADJUDGED, and DECREED, upon stipulation of the parties, that judgment be and hereby is rendered for Plaintiff upon Plaintiffs claims for retainage in the amount of $514,848.85 and three non-rock related change orders in the amount of $45,404.68 with post-judgment interest from and after the date of this Judgment Entry. Signed by Judge Thomas M Rose on 01/15/09. (phil1, )
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NOTATION ORDER overruling #199 Motion for Judgment as a Matter of Law. Signed by Judge Thomas M Rose on 1-5-2009. (de, )
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Filing 208
ORDER - Meals were provided for jurors while deliberating 12/23/08; costs of this expenditure shall be paid by the Clerks Office (cc: Financial Deputy). Signed by Judge Thomas M Rose on 12/29/08. (jg, )
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| Filing 207 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial completed on 12/23/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Filing 206 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/22/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Minute Entry for proceedings held before Judge Thomas M Rose: In Chambers Conference held on 12/22/2008. (jg, ) |
| Filing 204 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/19/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Filing 203 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/18/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Filing 202 Proposed Jury Instructions by Defendant Wal-Mart Stores Inc. (Korfhage, Melissa) |
| Filing 201 Proposed Jury Instructions by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 200 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/17/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Filing 199 MOTION for Judgment as a Matter of Law by Defendant Wal-Mart Stores Inc. Responses due by 1/12/2009 (Korfhage, Melissa) |
| Minute Entry for proceedings held before Judge Thomas M Rose: In Chambers Conference held on 12/17/2008. (jg, ) |
| Filing 198 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/16/2008. (Court Reporter Leslie Foley.) (jg1, ) |
| Minute Entry for proceedings held before Judge Thomas M Rose: In Chambers Conference held on 12/16/2008. (jg1, ) |
| Filing 197 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/15/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Filing 196 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/12/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Filing 195 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/11/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Minute Entry for proceedings held before Judge Thomas M Rose: In Chambers Conference held on 12/15/2008. (jg, ) |
| Filing 194 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/10/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Filing 193 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/9/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Filing 192 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/8/2008. (Court Reporter Leslie Foley.) (jg1, ) |
| Filing 191 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/5/2008. (Court Reporter Leslie Foley.) (jg1, ) |
| Filing 190 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/4/2008. (Court Reporter Leslie Foley.) (jg1, ) |
| Filing 189 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/3/2008. (Court Reporter Leslie Foley.) (jg1, ) |
| Minute Entry for proceedings held before Judge Thomas M Rose: In Chambers Conference held on 12/4/2008. (jg1, ) |
| Minute Entry for proceedings held before Judge Thomas M Rose: In Chambers Conference held on 12/3/2008. (jg1, ) |
| Filing 188 Minute Entry for proceedings held before Judge Thomas M Rose: Jury Trial held on 12/2/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Filing 187 Minute Entry for proceedings held before Judge Thomas M Rose: Voir Dire held on 12/1/2008. (Court Reporter Leslie Foley.) (jg, ) |
| Minute Entry for proceedings held before Judge Thomas M Rose: In Chambers Conference held on 12/1/2008. (jg, ) |
| Minute Entry for proceedings held before Judge Thomas M Rose: In Chambers Conference held on 12/2/2008. (jg, ) |
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Filing 186
AMENDED ENTRY AND ORDER OVERRULING re #139 MOTION in Limine and OVERRULING #140 MOTION in Limine. Signed by Judge Thomas M Rose on 12-1-2008. (de, )
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| Filing 185 Objection to Defendant's Deposition Designations of Larnel Sanders by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 184 Proposed Jury Instructions by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
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Filing 183
ENTRY AND ORDER overruling #139 Motion in Limine and overruling #140 Motion in Limine. Signed by Judge Thomas M Rose on 11-30-2008. (de, )
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Filing 182
ENTRY AND ORDER granting in part and overruling in part #130 Motion in Limine; OVERRULING #132 Motion in Limine; OVERRULING #133 Motion in Limine. Signed by Judge Thomas M Rose on 11-30-2008. (de, )
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| Filing 181 Objection re #171 Notice (Other) to Plaintiff's Deposition Designations of Larnel Sanders by Defendant Wal-Mart Stores Inc. (Korfhage, Melissa) |
| Filing 180 NOTICE OF WITHDRAWAL OF DOCUMENT by Defendant Wal-Mart Stores Inc re #168 MOTION to Quash the Subpoena of Joe Ezzie (Bissinger, Mark) |
| Filing 179 (CORRECTED) REPLY to Response to Motion re #132 MOTION in Limine to Exclude Evidence Pursuant to This Court's Ruling on Defendant's Motion for Partial Summary Judgment, #130 MOTION in Limine to Exclude Irrelevant, Prejudicial or Misleading Evidence From Trial Pursuant to Federal Rules of Evidence 401, 402, and 403 "CORRECTED" filed by Defendant Wal-Mart Stores Inc. (Korfhage, Melissa) Modified on 11/26/2008 to edit text (sc1, ). |
| Filing 178 (DELETED 11/26/08) RESPONSE in Opposition re #132 MOTION in Limine to Exclude Evidence Pursuant to This Court's Ruling on Defendant's Motion for Partial Summary Judgment, #130 MOTION in Limine to Exclude Irrelevant, Prejudicial or Misleading Evidence From Trial Pursuant to Federal Rules of Evidence 401, 402, and 403 filed by Defendant Wal-Mart Stores Inc. (Korfhage, Melissa) Modified on 11/26/2008 to delete per atty phone call - to be re-submitted in correct format 11/26/08 (sc1, ). |
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NOTATION ORDER denying #177 Motion to Seal Document. The parties have given the Court no legal basis for keeping this information from the eyes of the publc. Signed by Judge Thomas M Rose on 11-25-2008. (de, )
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| Filing 177 Joint MOTION to Seal Document #162 Notice (Other), #163 Notice (Other) by Plaintiff Thomas & Marker Construction Co, Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 176 REPLY to Response to Motion re #133 MOTION in Limine to Exclude C.K. Satyapriya, M.S., P.E.'s Expert Opinions, Reports, Quantifications and Rock Profiles filed by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit A) (Bissinger, Mark) |
| Filing 175 NOTICE by Plaintiff Thomas & Marker Construction Co Joint Statement of the Case (Bodin, John) |
| Filing 174 TRIAL BRIEF by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Bodin, John) |
| Filing 173 (CORRECTED) Proposed Jury Instructions by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) Modified on 11/24/2008 to edit text (sc1, ). |
| Filing 172 Proposed Jury Instructions by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 171 NOTICE by Plaintiff Thomas & Marker Construction Co of Intent to Read Designated Portions of the Deposition of Larnel Sanders (Bodin, John) |
| Filing 170 NOTICE by Plaintiff Thomas & Marker Construction Co of Intent to Read Designated Portions of the Deposition of Karl Keller (Bodin, John) |
| Filing 169 (DELETED 11/24/2008) Proposed Jury Instructions by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) Modified on 11/24/2008 - to delete per atty phone call - to be re-submitted in correct format 11/24/2008 (sc1, ). |
| Filing 168 MOTION to Quash the Subpoena of Joe Ezzie by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Bissinger, Mark) |
| Filing 167 TRIAL BRIEF by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 166 NOTICE by Defendant Wal-Mart Stores Inc to Read Designated Portions of the Deposition of Larnel Sanders (Bissinger, Mark) |
| Filing 165 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Larnel Sanders, previously filed without exhibits (Attachments: #1 Deposition, #2 Exhibit A (part 1), #3 Exhibit A (part 2), #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Exhibit P, #19 Exhibit Q, #20 Exhibit R, #21 Exhibit S, #22 Exhibit T) (Bissinger, Mark) |
| Filing 164 Objection re #146 Notice (Other) by Plaintiff Thomas & Marker Construction Co of Intention to Use Karl Keller's Deposition Transcript at Trial by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 163 NOTICE by Defendant Wal-Mart Stores Inc of Filing 9/5/08 Deposition of Ray Jergens (Attachments: #1 Deposition, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6) (Bissinger, Mark) |
| Filing 162 NOTICE by Defendant Wal-Mart Stores Inc of Filing 9/3/08 Deposition of Randall Marker (Attachments: #1 Deposition, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (Bissinger, Mark) |
| Filing 161 NOTICE by Defendant Wal-Mart Stores Inc of Filing 2/26/08 Deposition of Randall Marker (Attachments: #1 Exhibit A, #2 Exhibit A.1) (Bissinger, Mark) |
| Filing 160 REPLY to Response to Motion re #139 MOTION in Limine Relative to the Expert Testimony of Daniel Longo, #140 MOTION in Limine Relative to Statements Concerning Surface Rock at Project Site filed by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
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Filing 159
ENTRY AND ORDER OVERRULING WAL-MART'S MOTION TO BIFURCATE DOC. #131 Signed by Judge Thomas M Rose on 11/20/08. (phil1, ) Modified on 11/21/2008 to edit text (bev1, ).
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NOTATION ORDER granting #158 Motion for Leave to File. Thomas & Marker is to file its reply not later than November 21, 2008. Signed by Judge Thomas M Rose on 11-20-08. (de, )
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| Filing 158 MOTION for Leave to File Reply Beyond Deadline by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
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NOTATION ORDER striking re #157 Reply to Response to Motion, filed by Thomas & Marker Construction Co, subject to being refiled upon receiving leave of court for good cause shown to file reply beyond deadline for filing a reply. Signed by Judge Thomas M Rose on 11-19-2008. (de, )
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| Filing 157 [**STRICKEN pursuant to Notation Order of 11/19/2008] - REPLY to Response to Motion re #139 MOTION in Limine Relative to the Expert Testimony of Daniel Longo, #140 MOTION in Limine Relative to Statements Concerning Surface Rock at Project Site filed by Plaintiff Thomas & Marker Construction Co. (Bodin, John) Modified on 11/19/2008 (de, ). |
| Filing 156 DEPOSITION of Michael Lomano taken on March 13, 2008 by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Transcript Part 2, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Bodin, John) |
| Filing 155 NOTICE OF FILING DEPOSITION of Michael Lomano by Plaintiff Thomas & Marker Construction Co by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 154 DEPOSITION of Bryan Novak taken on February 20, 2008 by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 153 NOTICE OF FILING DEPOSITION of Bryan Novak by Plaintiff Thomas & Marker Construction Co by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 152 REPLY to Response to Motion re #131 MOTION in Limine to Bifurcate the Liability and Damages Proceedings filed by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 151 RESPONSE in Opposition re #132 MOTION in Limine to Exclude Evidence Pursuant to This Court's Ruling on Defendant's Motion for Partial Summary Judgment, #130 MOTION in Limine to Exclude Irrelevant, Prejudicial or Misleading Evidence From Trial Pursuant to Federal Rules of Evidence 401, 402, and 403 filed by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit A, #2 Exhibit B) (Bodin, John) |
| Filing 150 DEPOSITION of Karl McCarntey taken on January 31, 2008 by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Transcript Part 2, #2 Exhibit A, #3 Exhibit C, #4 Exhibit C - Part 1, #5 Exhibit C - Part 2, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N) (Bodin, John) |
| Filing 149 NOTICE OF FILING DEPOSITION of Karl McCartney by Plaintiff Thomas & Marker Construction Co by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 148 RESPONSE in Opposition re #133 MOTION in Limine to Exclude C.K. Satyapriya, M.S., P.E.'s Expert Opinions, Reports, Quantifications and Rock Profiles filed by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit E - Exhibit 1, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit G, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O) (Bodin, John) |
| Filing 147 Objection to Thomas & Marker's Exhibit Index by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 146 NOTICE by Plaintiff Thomas & Marker Construction Co of Intention to Use Karl Keller's Deposition Transcript at Trial (Bodin, John) |
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Filing 145
AMENDED JOINT FINAL PRETRIAL ORDER. Signed by Judge Thomas M Rose on 11/6/08. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D) (phil1, )
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| Set/Reset Hearings: Jury Trial set for 12/1/2008 09:00 AM in Courtroom 2 before Judge Thomas M Rose. (jg1, ) |
| Filing 144 RESPONSE in Opposition re #131 MOTION in Limine to Bifurcate the Liability and Damages Proceedings filed by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit A) (Bodin, John) |
| Filing 143 AMENDED DOCUMENT by Plaintiff Thomas & Marker Construction Co, ThirdParty Defendant Ohio Farmers Insurance Company, Defendant Wal-Mart Stores Inc. Amendment to #129 Proposed Pretrial Order,. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D) (Korfhage, Melissa) |
| Minute Entry for proceedings held before Judge Thomas M Rose: Final Pretrial Conference held on 11/4/2008. (jg, ) |
| Filing 142 RESPONSE in Opposition re #139 MOTION in Limine Relative to the Expert Testimony of Daniel Longo filed by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit A) (Bissinger, Mark) |
| Filing 141 RESPONSE in Opposition re #140 MOTION in Limine Relative to Statements Concerning Surface Rock at Project Site filed by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 140 MOTION in Limine Relative to Statements Concerning Surface Rock at Project Site by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 139 MOTION in Limine Relative to the Expert Testimony of Daniel Longo by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 138 NOTICE OF FILING DEPOSITION of Luis Riancho by Defendant Wal-Mart Stores Inc by Defendant Wal-Mart Stores Inc. (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, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16) (Bissinger, Mark) |
| Filing 137 NOTICE OF FILING DEPOSITION of Darrell Powell by Defendant Wal-Mart Stores Inc by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-6a, #9 Exhibit A-6b, #10 Exhibit A-7, #11 Exhibit A-8, #12 Exhibit A-9, #13 Exhibit A-10, #14 Exhibit A-11, #15 Exhibit A-12, #16 Exhibit A-13, #17 Exhibit A-14, #18 Exhibit A-15, #19 Exhibit A-16, #20 Exhibit A-17, #21 Exhibit A-18, #22 Exhibit A-19, #23 Exhibit A-20, #24 Exhibit A-21, #25 Exhibit A-22, #26 Exhibit A-23, #27 Exhibit A-24, #28 Exhibit A-25, #29 Exhibit A-26, #30 Exhibit A-27) (Bissinger, Mark) |
| Filing 136 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Adam Luensman (Attachments: #1 Exhibit A, #2 Exhibit A-1) (Sherman, William) |
| Filing 135 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of John Koogler (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, #13 Exhibit 12, #14 Exhibit 13) (Sherman, William) |
| Filing 134 NOTICE OF FILING DEPOSITION of Scott Martin by Defendant Wal-Mart Stores Inc by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 1A) (Bissinger, Mark) |
| Filing 133 MOTION in Limine to Exclude C.K. Satyapriya, M.S., P.E.'s Expert Opinions, Reports, Quantifications and Rock Profiles by Defendant Wal-Mart Stores 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) (Bissinger, Mark) |
| Filing 132 MOTION in Limine to Exclude Evidence Pursuant to This Court's Ruling on Defendant's Motion for Partial Summary Judgment by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 131 MOTION in Limine to Bifurcate the Liability and Damages Proceedings by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 130 MOTION in Limine to Exclude Irrelevant, Prejudicial or Misleading Evidence From Trial Pursuant to Federal Rules of Evidence 401, 402, and 403 by Defendant Wal-Mart Stores Inc. (Bissinger, Mark) |
| Filing 129 Proposed Pretrial Order (Joint Final Pretrial Order) by Plaintiff Thomas & Marker Construction Co, ThirdParty Defendant Ohio Farmers Insurance Company, Defendant Wal-Mart Stores Inc. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D) (Bissinger, Mark) |
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Filing 128
ENTRY AND ORDER granting in part and denying in part #78 Motion for Partial Summary Judgment. Signed by Judge Thomas M Rose on 09/15/08. (phil1, )
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| Filing 127 NOTICE by Defendant Wal-Mart Stores Inc re #121 Reply to Response to Motion for Partial Summary Judgment of Filing Supplemental Authority (Attachments: #1 Exhibit A) (Bissinger, Mark) |
| Filing 126 Supplemental Memorandum Opposing re #121 Reply to Response to Motion with Leave of Court Thomas & Marker's Response to Wal-Mart's Reply in Support of Motion for Partial Summary Judgment filed by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit) (Stolly, Terrence) |
| NOTICE of Hearing: Final Pretrial Conference rescheduled from 10/30/2008 to 11/4/2008 at 3:30 PM in chambers before Judge Thomas M Rose. (de, ) |
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NOTATION ORDER granting #125 Motion for Leave to File. Plaintiff is given through 8/15/2008 to file a reply. Signed by Judge Thomas M Rose on 8-11-08. (de, )
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| Filing 125 MOTION for Leave to File a Response to Wal-Mart's Reply in Support of Motion for Partial Summary Judgment by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit A - Order) (Bodin, John) |
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Filing 124
ENTRY AND ORDER GRANTING WAL-MART'S MOTION TO COMPEL PRODUCTION OF THE CONFIDENTIAL SETTLEMENT AGREEMENT AND DISCOVERY DEPOSITIONS (Doc. #94 ). Signed by Judge Thomas M. Rose on 8/6/08. (bev1, )
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| Filing 123 REPLY to Response to Motion re #94 MOTION to Compel Settlement Agreement and Discovery Depositions filed by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit 1) (Bissinger, Mark) |
| Filing 122 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Daniel G. Longo (Attachments: #1 Deposition, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C Part 1, #5 Exhibit C Part 2, #6 Exhibit C Part 3, #7 Exhibit C Part 4, #8 Exhibit C Part 5, #9 Exhibit C Part 6, #10 Exhibit C Part 7, #11 Exhibit C Part 8, #12 Exhibit C Part 9, #13 Exhibit C Part 10, #14 Exhibit D, #15 Exhibit E) (Bissinger, Mark) |
| Filing 121 REPLY to Response to Motion re #78 MOTION for Partial Summary Judgment filed by Defendant Wal-Mart Stores Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Sherman, William) |
| Filing 120 RESPONSE in Opposition re #94 MOTION to Compel Settlement Agreement and Discovery Depositions filed by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit, #2 Exhibit) (Bodin, John) |
| Filing 119 DEPOSITION of Karl Keller taken on February 20, 2008 by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 118 NOTICE OF FILING DEPOSITION of Karl Keller by Plaintiff Thomas & Marker Construction Co by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 117 DEPOSITION of Brad Adams taken on February 20, 2008 by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 116 NOTICE OF FILING DEPOSITION of Brad Adams by Plaintiff Thomas & Marker Construction Co by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 115 NOTICE OF FILING DEPOSITION of Edward Paradise by Plaintiff Thomas & Marker Construction Co by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 114 DEPOSITION of Edward Paradise taken on January 9, 2008 by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Bodin, John) |
| Filing 113 DEPOSITION of Larnel Sanders taken on February 20, 2008 by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 112 NOTICE OF FILING DEPOSITION of Larnel Sanders by Plaintiff Thomas & Marker Construction Co by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 111 NOTICE OF FILING DEPOSITION of Edward Paradise by Plaintiff Thomas & Marker Construction Co by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Bodin, John) |
| Filing 110 DEPOSITION of David Oakes taken on March 28, 2008 by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 109 NOTICE OF FILING DEPOSITION of David Oakes by Plaintiff Thomas & Marker Construction Co by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 108 DEPOSITION of Roger George taken on February 29, 2008 by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Bodin, John) |
| Filing 107 NOTICE OF FILING DEPOSITION of Roger George by Plaintiff Thomas & Marker Construction Co by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 106 DEPOSITION of Richard Weigand taken on March 27, 2008 by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27) (Bodin, John) |
| Filing 105 NOTICE OF FILING DEPOSITION of Richard Weigand by Plaintiff Thomas & Marker Construction Co by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 104 DEPOSITION of Randy D. Jones taken on Friday, February 29, 2008 by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Bodin, John) |
| Filing 103 NOTICE by Plaintiff Thomas & Marker Construction Co of Filing of Deposition Transcript (Bodin, John) |
| Filing 102 RESPONSE in Opposition re #78 MOTION for Partial Summary Judgment filed by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit Index, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21, #23 Exhibit Exhibit 22, #24 Exhibit Exhibit 23, #25 Exhibit Exhibit 24, #26 Exhibit Exhibit 25, #27 Exhibit Exhibit 26, #28 Exhibit Exhibit 27, #29 Exhibit Exhibit 28, #30 Exhibit Exhibit 29, #31 Exhibit Exhibit 30, #32 Exhibit Exhibit 31, #33 Exhibit Exhibit 32, #34 Exhibit Exhibit 33, #35 Exhibit Exhibit 34, #36 Exhibit Exhibit 35) (Bodin, John) |
| Filing 101 (DELETED 7/11/08) RESPONSE in Opposition re #78 MOTION for Partial Summary Judgment filed by Plaintiff Thomas & Marker Construction Co. (Bodin, John) Modified on 7/11/2008 to delete - per atty phone call doc is incomplete & to be re-submitted in correct format (sc1, ). |
| Filing 100 (DELETED 7/11/08) NOTICE by Plaintiff Thomas & Marker Construction Co of Filing Deposition of Randy Jones (Bodin, John) Modified on 7/11/2008 to delete - ntc and depos to be re-submitted in correct format (sc1, ). |
| Filing 99 (DELETED 7/11/08) NOTICE by Plaintiff Thomas & Marker Construction Co of Filing Deposition of Karl Keller (Attachments: #1 Deposition Transcript) (Bodin, John) Modified on 7/11/2008 to delete - ntc and depos to be re-submitted in correct format (sc1, ). |
| Filing 98 (DELETED 7/11/08) NOTICE by Plaintiff Thomas & Marker Construction Co of Filing Deposition of Brad Adams (Attachments: #1 Deposition Transcript) (Bodin, John) Modified on 7/11/2008 to delete - ntc and depos to be re-submitted in correct format (sc1, ). |
| Filing 97 (DELETED 7/11/08) NOTICE by Plaintiff Thomas & Marker Construction Co of Filing Deposition of Larnel Sanders (Attachments: #1 Deposition Transcript) (Bodin, John) Modified on 7/11/2008 to delete - ntc and depos to be re-submitted in correct format (sc1, ). |
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Filing 96
ORDER granting #95 Motion to Exceed the Page Limitation for Its Memorandum in Opposition of Wal-Mart's Motion for Partial Summary Judgment. Signed by Judge Thomas M Rose on 07/03/08. (phil1, )
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| Filing 95 MOTION for Leave to Exceed the Page Limitation for its Memorandum in Opposition to Defendant Wal-Mart's Motion for Partial Summary Judgment by Plaintiff Thomas & Marker Construction Co. (Stolly, Terrence) |
| Filing 94 MOTION to Compel Settlement Agreement and Discovery Depositions by Defendant Wal-Mart Stores 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) (Bissinger, Mark) |
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Filing 93
ENTRY AND ORDER DISSOLVING SHOW CAUSE ORDER. Signed by Judge Thomas M Rose on 07/01/08. (phil1, )
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| Filing 92 AGREED ENTRY DISMISSING WITH PREJUDICE THOMAS & MARKERS EIGHTH CAUSE OF ACTION,AND DISMISSING JERGENS BALES AND STEPHEN T. METZGER IN HIS CAPACITY AS CLARK COUNTY TREASURER. Signed by Judge Thomas M Rose on 07/01/08. (phil1, ) |
| Filing 91 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Rodney Trimbach (Attachments: #1 Deposition, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20, #11 Exhibit 21, #12 Exhibit 22, #13 Exhibit 23, #14 Exhibit 24, #15 Exhibit 25, #16 Exhibit 26, #17 Exhibit 27, #18 Exhibit 28, #19 Exhibit 29, #20 Exhibit 30, #21 Exhibit 31, #22 Exhibit 32) (Bissinger, Mark) |
| Filing 90 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Benjamin A. White (Attachments: #1 Deposition, #2 Exhibit 1 Part 1, #3 Exhibit 1 Part 2, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6) (Korfhage, Melissa) |
| Filing 89 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of C.J. Satypriya (Attachments: #1 Deposition, #2 Exhibit A, #3 Exhibit B, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G (part one), #8 Exhibit G (part two), #9 Exhibit H, #10 Exhibit I, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA) (Bissinger, Mark) |
| Filing 88 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Ray Jergens (Attachments: #1 Deposition, #2 Exhibit A, #3 Exhibit B Part 1, #4 Exhibit B Part 2, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G) (Korfhage, Melissa) |
| Filing 87 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Thomas Perko (Attachments: #1 Deposition, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J) (Bissinger, Mark) |
| Filing 86 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of David Hughes (Attachments: #1 Deposition, #2 Exhibit 11) (Korfhage, Melissa) |
| Filing 85 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Brett Pequignot (Attachments: #1 Deposition, #2 Exhibit 1, #3 Exhibit 2 (part one), #4 Exhibit 2 (part two), #5 Exhibit 2 (part three), #6 Exhibit 2 (part four), #7 Exhibit 2 (part five), #8 Exhibit 2 (part six), #9 Exhibit 2 (part seven), #10 Exhibit 2 (part eight), #11 Exhibit 2 (part nine), #12 Exhibit 2 (part ten), #13 Exhibit 2 (part eleven), #14 Exhibit 3 (part one), #15 Exhibit 3 (part two), #16 Exhibit 4, #17 Exhibit 5 (part one), #18 Exhibit 5 (part two), #19 Exhibit 6, #20 Exhibit 7, #21 Exhibit 8, #22 Exhibit 9, #23 Exhibit 10) (Bissinger, Mark) |
| Filing 84 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of James Fountain (Attachments: #1 Deposition, #2 Exhibit 1 Part 1, #3 Exhibit 1 Part 2, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31) (Korfhage, Melissa) |
| Filing 83 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Stephen Pasternack (Attachments: #1 Deposition, #2 Exhibit 1, #3 Exhibit 2 (part one), #4 Exhibit 2 (part two), #5 Exhibit 2 (part three), #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18) (Bissinger, Mark) |
| Filing 82 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Douglas Fisher (Attachments: #1 Deposition, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6) (Korfhage, Melissa) |
| Filing 81 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Patrick Ellis (Attachments: #1 Deposition, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C Part 1, #5 Exhibit C Part 2, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L) (Korfhage, Melissa) |
| Filing 80 NOTICE by Defendant Wal-Mart Stores Inc of Filing of Deposition of Karl McCartney (Attachments: #1 Deposition, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C (part one), #5 Exhibit C (part two), #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N) (Bissinger, Mark) |
| Filing 79 NOTICE by Defendant Wal-Mart Stores Inc of Filing Deposition of Randall Marker (Attachments: #1 Deposition, #2 Exhibit A, #3 Exhibit B (part one), #4 Exhibit B (part 2), #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L) (Bissinger, Mark) |
| Filing 78 MOTION for Partial Summary Judgment by Defendant Wal-Mart Stores Inc. Responses due by 7/14/2008 (Attachments: #1 Appendix Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3 (part 1), #5 Exhibit 3 (part 2), #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Errata 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27) (Bissinger, Mark) |
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Filing 77
ENTRY AND ORDER VACATING AND STRIKING THIS COURT'S ORDER REMANDING THIS MATTER TO THE COURT OF COMMON PLEAS OF CLARK COUNTY, OHIO re #75 Order, #76 Clerk's Judgment. Signed by Judge Thomas M Rose on 06/18/08. (phil1, )
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| Minute Entry for proceedings held before Judge Thomas M Rose: Telephone Conference held on 6/18/2008. (jg, ) |
| Notice of Correction - Case is reopened per #77 - ENTRY AND ORDER VACATING AND STRIKING THIS COURT'S ORDER REMANDING THIS MATTER TO THE COURT OF COMMON PLEAS OF CLARK COUNTY, OHIO re 75 Order, 76 (phil1, ) |
| Filing 76 ...STRICKEN, PER DOCUMENT #77 CLERK'S JUDGMENT with Attached Notice of Disposal (phil1, ) Modified on 6/18/2008 (phil1, ). |
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Filing 75
...STRICKEN PER DOCUMENT NO. #77 ENTRY AND ORDER REMANDING THIS CASE TO THE COURT OF COMMON PLEAS OF CLARK COUNTY, OHIO. Signed by Judge Thomas M Rose on 06/17/08. (phil1, ) Modified on 6/18/2008 (phil1, ).
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| Filing 74 NOTICE by Plaintiff Thomas & Marker Construction Co Release of Jergens Bales' Mechanics' Lien (Attachments: #1 Exhibit) (Bodin, John) |
| Filing 73 RESPONSE to Motion re #72 MOTION Leave of Court Motion and Memorandum in Response to the Court's Show Cause Order Filed on May 30, 2008 re: Plaintiff's Motion for Leave to Dismiss Non-Diverse Defendants and Memorandum in Support of Subject Matter Jurisdiction filed by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Attachments: #1 Exhibit A, #2 Exhibit B) (Bissinger, Mark) |
| Filing 72 MOTION Leave of Court Motion and Memorandum in Response to the Court's Show Cause Order Filed on May 30, 2008 by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Stolly, Terrence) |
| Minute Entry for proceedings held before Judge Thomas M Rose: Status Conference held on 5/30/2008. (jg, ) |
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Filing 71
SHOW CAUSE ORDER AND SCHEDULING ORDER - The Parties are given until not later than June 9, 2008, to SHOW CAUSE as to why this matter should not be remanded to the Court of Common Pleas of Clark County, Ohio. Should any Party or Parties respond, the other Parties are given until not later than June 16, 2008, to reply. Further, the deadline for filing motions not directed to the pleadings is currently June 1, 2008. This deadline is hereby reset to June 18, 2008. All other remaining scheduling dates and deadlines remain in effect. Signed by Judge Thomas M Rose on 05/30/08. (phil1, )
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| NOTICE of Hearing: Status Conference set for 5/30/2008 08:45 AM by teleconference before Judge Thomas M Rose. (jg, ) |
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NOTATION ORDER granting #70 Motion for Leave to File. Wal-mart's memorandum shall not exceed thirty pages. Signed by Judge Thomas M Rose on 5-28-2008. (de, )
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| Filing 70 MOTION for Leave to File to Exceed Page Limitation for its Memorandum in Support of its Partial Motion for Summary Judgment by Defendant Wal-Mart Stores Inc. (Attachments: #1 Text of Proposed Order Proposed Order) (Korfhage, Melissa) |
| Filing 69 NOTICE OF WITHDRAWAL OF DOCUMENT by Defendant Wal-Mart Stores Inc re #67 Order on Motion for Extension of Time to File Response/Reply, #57 MOTION for Leave to File Third-Party Complaint Against Civil Engineers of Southwest Ohio, Inc. Instanter (Kwiatkowski, Andrew) |
| Filing 68 NOTICE by Plaintiff Thomas & Marker Construction Co Supplemental Disclosure of Additional Fact Witnesses (Bodin, John) |
| Filing 67 AGREED ENTRY GRANTING DEFENDANT WAL-MART STORES, INC. AN EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF ITS MOTION FOR LEAVE TO FILE THIRD-PARTY COMPLAINT. Signed by Judge Thomas M. Rose on 4/28/08. (bev1, ) |
| Filing 66 Unopposed MOTION for Extension of Time to File Response/Reply as to #57 MOTION for Leave to File Third-Party Complaint Against Civil Engineers of Southwest Ohio, Inc. Instanter New date requested 5/5/2008. by Defendant Wal-Mart Stores Inc. (Kwiatkowski, Andrew) |
| Filing 65 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Thomas & Marker Construction Co re #59 MOTION to Compel (Bodin, John) |
| Filing 64 RESPONSE in Opposition re #57 MOTION for Leave to File Third-Party Complaint Against Civil Engineers of Southwest Ohio, Inc. Instanter filed by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Bodin, John) |
| Filing 63 NOTICE by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc of Withdrawal of Baker & Hostetler LLP and Substitution of Dinsmore & Shohl LLP as Counsel (Sherman, William) |
| Minute Entry for proceedings held before Judge Thomas M Rose: Status Conference held on 4/15/2008. (jg, ) |
| Filing 62 NOTICE of Appearance by William A Sherman, II Defendant Wal-Mart Stores Inc (Sherman, William) |
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Filing 61
NOTICE - 1. Referral of this case to the undersigned Judicial Officer has expired;2. No Motions or other matters in this case remain pending before the undersigned Judicial Officer; and 3. The remaining deadlines set by the Preliminary Pretrial Order (Doc. #8) are confirmed. Signed by Magistrate Judge Sharon L Ovington on 04/14/08. (phil1, )
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| Filing 60 NOTICE by Plaintiff Thomas & Marker Construction Co re #59 MOTION to Compel Notice of Filing of Inadvertently Omitted Attachment (Bodin, John) |
| Magistrate Judge Sharon L Ovington no longer assigned to case. (phil1, ) |
| Filing 59 MOTION to Compel by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit) (Bodin, John) |
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Filing 58
AGREED ORDER SUBMITTED BY DEFENDANT WAL-MART STORES, INC. AND PLAINTIFF THOMAS & MARKER CONSTRUCTION CO. Signed by Judge Sharon L. Ovington on 4/4/08. (bev1, )
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| Filing 57 MOTION for Leave to File Third-Party Complaint Against Civil Engineers of Southwest Ohio, Inc. Instanter by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Attachments: #1 Exhibit A - Third-Party Complaint, #2 Text of Proposed Order) (Ezzie, Joseph) |
| NOTICE of Hearing: Telephone Status Conference set for 4/15/2008 at 3:00 PM before Judge Thomas M Rose. (de, ) |
| Filing 56 NOTICE by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc re #54 MOTION to Amend/Correct Case Scheduling Order of Agreed Order by Thomas & Marker Construction Co. and Wal-Mart Stores, Inc. and Wal-Mart Real Estate Business Trust (Ezzie, Joseph) |
| Filing 55 NOTICE by Plaintiff Thomas & Marker Construction Co of Conditional Consent to Defendant Wal-Mart Stores, Inc.'s April 1, 2008 Motion to Modify Case Scheduling Order (Bodin, John) |
| Filing 54 MOTION to Amend/Correct Case Scheduling Order by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Lazear, Sherri) |
| Filing 53 NOTICE by Defendant Wal-Mart Stores Inc CESO Subpoena (Attachments: #1 Exh. A) (Ezzie, Joseph) |
| Filing 52 NOTICE by Defendant Wal-Mart Stores Inc TesTech Subpoena (Attachments: #1 Exh. A) (Ezzie, Joseph) |
| Filing 51 NOTICE by Plaintiff Thomas & Marker Construction Co Issuance of Subpoenas (Attachments: #1 Exhibit) (Bodin, John) |
| Filing 50 NOTICE by Defendant Wal-Mart Stores Inc Subpoena to Appear (Ezzie, Joseph) |
| Filing 49 NOTICE by Defendant Wal-Mart Stores Inc Subpoena to Appear (Ezzie, Joseph) |
| Minute Entry for proceedings held before Judge Thomas M Rose: Status Conference held on 3/4/2008. (jg1, ) |
| Filing 48 NOTICE by Plaintiff Thomas & Marker Construction Co of Issuance of Subpoena (Attachments: #1 Exhibit) (Bodin, John) |
| Filing 47 NOTICE by Plaintiff Thomas & Marker Construction Co of Issuance of Subpoena (Attachments: #1 Exhibit) (Bodin, John) |
| Filing 46 NOTICE by Plaintiff Thomas & Marker Construction Co of Issuance of Subpoena (Attachments: #1 Exhibit) (Bodin, John) |
| Filing 45 NOTICE by Plaintiff Thomas & Marker Construction Co of Submission (Bodin, John) |
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Filing 44
ORDER granting #43 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Sharon L Ovington on 2/27/2008. (davisj1, )
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| Filing 43 Joint MOTION for Extension of Time to Complete Discovery New date requested 3/31/2008. Fact Discovery by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Attachments: #1 Text of Proposed Order Order) (Lazear, Sherri) |
| Filing 42 NOTICE by Defendant Wal-Mart Stores Inc Subpoena (Lazear, Sherri) |
| Filing 41 NOTICE by Plaintiff Thomas & Marker Construction Co Notice of Deposition (Bodin, John) |
| Filing 40 NOTICE by Plaintiff Thomas & Marker Construction Co Notice of Deposition (Bodin, John) |
| Filing 39 NOTICE by Plaintiff Thomas & Marker Construction Co Notice of Deposition (Bodin, John) |
| Filing 38 NOTICE by Plaintiff Thomas & Marker Construction Co Notice of Deposition (Bodin, John) |
| Filing 37 NOTICE by Plaintiff Thomas & Marker Construction Co of Submission (Stolly, Terrence) |
| Filing 36 ACKNOWLEDGEMENT OF SERVICE Executed and Subpoena to Haley Dusa Engineering & Surveying Group, LLC Acknowledgement filed by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Attachments: #1 Exhibit A) (Ezzie, Joseph) |
| Filing 35 ACKNOWLEDGEMENT OF SERVICE Executed and Subpoena to TP Mechanical Contractors, Inc. Acknowledgement filed by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Attachments: #1 Exhibit A) (Ezzie, Joseph) |
| Filing 34 ACKNOWLEDGEMENT OF SERVICE Executed and Subpoena to Luis G. Riancho & Associates, Inc. Acknowledgement filed by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Attachments: #1 Exhibit A) (Ezzie, Joseph) |
| Filing 33 ACKNOWLEDGEMENT OF SERVICE Executed and Subpoena to Daniel Longo Acknowledgement filed by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Attachments: #1 Exhibit A to Subpoena to Daniel Longo) (Ezzie, Joseph) |
| Filing 32 ACKNOWLEDGEMENT OF SERVICE Executed and Subpoena to John Chromick Acknowledgement filed by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Attachments: #1 Exhibit A to Subpoena to Josh Chromick) (Ezzie, Joseph) |
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Filing 31
ORDER granting #30 Motion to Amend/Correct - The Joint Motion to Modify is GRANTED. The Court hereby modifies the Preliminary Pretrial Order as follows: 1) the fact discovery deadline is extended to March 1, 2008; 2) the expert discovery deadline is extended to April 1, 2008; 3) Plaintiff shall identify supplemental experts and submit their reports no later than February 1, 2008, and Defendants shall do the same no later than March 1, 2008. All other dates set forth in the Preliminary Pretrial Order #8 remain in full force and effect. Signed by Judge Sharon L Ovington on 11/30/07. (phil1, )
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| Filing 30 Joint MOTION to Amend/Correct #8 Preliminary Pretrial Order,,,, Order Referring Case to Magistrate Judge,,, by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Attachments: #1 Text of Proposed Order) (Lazear, Sherri) |
| Filing 29 NOTICE by Plaintiff Thomas & Marker Construction Co of Deposition (Bodin, John) |
| Filing 28 ACKNOWLEDGEMENT OF SERVICE Executed Return and Notice of Service Subpoenas Acknowledgement filed by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Attachments: #1 Exhibit A - Subpoenas and Affidavits of Service) (Lazear, Sherri) |
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Filing 27
ORDER re #26 GRANTING EXTENTION OF TIME TO FILE EXPERT REPORTS FROM 8/1/07 TO 10/1/07, AND EXTENDS THE DATE FOR DEFENDANTS WALMART STORES, INC, AND JERGENS BALE CONTRACTORS, INC, DISCLOSURE OF EXPERT WITNESSES AND EXPERT REPORTS FROM 9/1/07 TO 11/15/07. Signed by Judge Sharon L Ovington on 08/10/07. (phil1, ) Modified on 8/10/2007 (phil1, ).
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NOTATION ORDER GRANTING (STRICKEN FOR CORRECTION SEE DOC. #27 ) #26 Joint Motion for Extension of Time until 10/1/07 to Complete Discovery. Signed by Judge Sharon L Ovington on 8/10/07. (cib) Modified on 8/10/2007.
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| Filing 26 Joint MOTION for Extension of Time to Complete Discovery New date requested 10/1/2007. by Plaintiff Thomas & Marker Construction Co. (Attachments: #1) (Stolly, Terrence) |
| Filing 25 ..The STIPULATION (Joint) to Extend Deadline for Disclosure of Expert Witnesses and Expert Reports by Plaintiff Thomas & Marker Construction Co. is hereby STRICKEN; the parties may not alter the dates of the Court's Pretrial Order without approval. (Attachments: #1 Supplement) (Stolly, Terrence) Modified on 8/6/2007 (rp1, ). |
| Filing 24 ANSWER to Complaint with Jury Demand by Defendant Jergens Bales Contractors, Inc.. (Higgins, John) |
| Filing 23 STIPULATION Joint Stipulation To Extend Time For Defendant Jergens Bales Contractors, Inc. To Move, Answer, Or Otherwise Plead by Defendant Jergens Bales Contractors, Inc.. (Higgins, John) |
| Filing 22 STIPULATION Joint Stipulation To Extend Time For Defendant Jergens Bales Contractors, Inc. To Move, Answer, Or Otherwise Plead by Defendant Jergens Bales Contractors, Inc.. (Higgins, John) |
| Filing 21 ANSWER to Third Party Complaint of Wal-Mart Stores, Inc. by ThirdParty Defendant Ohio Farmers Insurance Company. (Bodin, John) |
| Filing 20 Witness List by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 19 Witness List by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (Ezzie, Joseph) |
| Filing 18 ANSWER to Amended Complaint by Defendant Stephen T. Metzger. (Hoffman, William) |
| Filing 17 Plaintiff's ANSWER to Counterclaim (Amended) of Wal-Mart Stores, Inc. by Counter Defendant Thomas & Marker Construction Co. (Bodin, John) |
| Filing 16 Defendants' ANSWER to Amended Complaint of Plaintiff, THIRD PARTY COMPLAINT against Ohio Farmers Insurance Company, COUNTERCLAIM against Thomas & Marker Construction Co by Counter Claimant Wal-Mart Stores Inc, Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc, Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Exhibit Exhibit 4) (Ezzie, Joseph) |
| Filing 15 STIPULATION re #13 Amended Complaint Granting Extension to Answer by Defendants Wal-Mart Real Estate Business Trust, Wal-Mart Stores Inc. (McClellan, Rand) |
| Filing 14 MOTION to Substitute Attorney by Defendant Wal-Mart Stores Inc. Motions referred to Sharon L Ovington. (Ezzie, Joseph) |
| Filing 13 AMENDED COMPLAINT against all defendants, filed by Plaintiff Thomas & Marker Construction Co, Defendant Wal-Mart Stores Inc. (Attachments: #1 #2 #3 #4) (Bodin, John) |
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Filing 12
ORDER GRANTING #11 JOINT Motion to Amend/Correct Pleadings. Signed by Judge Sharon L Ovington on 04/23/07. (phil1, )
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| Filing 11 Joint MOTION to Amend/Correct Pleadings by Plaintiff Thomas & Marker Construction Co. (Attachments: #1 Exhibit # 2)(Bodin, John) |
| Filing 10 STIPULATION Agreed Entry to Extend the Limitations of Interrogatories and Depositions by Plaintiff Thomas & Marker Construction Co. (Bodin, John) |
| Filing 9 STIPULATION - Agreed Protective Order (filed by Plaintiff Thomas & Marker Co. and Defendant Wal-Mart Stores, Inc., collectively, the "Parties") by Defendant Wal-Mart Stores Inc. (Beatty, Otto) |
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Filing 8
PRELIMINARY PRETRIAL ORDER:, ORDER REFERRING CASE to Magistrate Judge Sharon L Ovington Motions directed to pleadings due by 4/15/2007. Lay Witness due by 6/1/2007. Plaintiff Primary Expert due by 8/1/2007. Defendant Primary Expert due by 9/1/2007. Fact Discovery due by 12/1/07. Expert Discovery due by 2/28/2008. Motions not directed to pleadings due by 5/1/2008. Proposed Final Pretrial Order due by 10/20/2008. Final Pretrial Conference set for 10/30/2008 03:30 PM in chambers before Judge Thomas M Rose. Exhibit Submission for Trial due by 11/28/2008. Jury Trial set for 12/1/2008 09:00 AM in Courtroom 2 before Judge Thomas M Rose. Status Conference following discovery set for 3/4/2008 08:45 AM by teleconference before Judge Thomas M Rose.. Signed by Judge Thomas M Rose on 4/10/07. (jg, )
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| Minute Entry for proceedings held before Judge Thomas M Rose : Initial Pretrial Conference held on 3/29/2007. (de, ) |
| Filing 7 RULE 26(f) REPORT OF PARTIES by Defendant Wal-Mart Stores Inc. (Beatty, Otto) |
| NOTICE of Hearing: Preliminary Pretrial Conference set for Thursday March 29, 2007, at 9:00 a.m. by telephone conference call before Judge Thomas M. Rose. Prior to the pretrial conference counsel must comply with the MANDATORY DISCLOSURE RULES of Fed.R.Civ.P. 26(a)(1) and the MANDATORY, pre-preliminary pretrial conference between counsel, required by Fed.R.Civ.P. 26(f). NOTE: the format for the Rule 26(f) conference between counsel and the report to the Court has been altered. This new form is available on line and MUST be utilized in this case. THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. In all cases with class action allegations, the parties shall include in their Fed. R. Civ. P. 26(f) report proposed deadlines for completing discovery relevant to those allegations and for filing a motion to certify a class, and a proposed date for class action determination. Pretrial procedures and forms can be found at our website at www.ohsd.uscourts.gov. Should more attorneys be actively involved than those listed on the Court?s docket, please notify the courtroom deputy, Jeffrey Garey, at 937-512-1600, immediately, to include the additional attorneys in the Preliminary Pretrial Conference. Only phone numbers for direct lines (not answering systems) should be provided to the Court. If you wish a direct line number other than your office number called, please advise the Court at least 24 hours preceding the conference (jg, ) |
| Filing 6 REPLY to Respondent's Answer and Counterclaim by Counter Defendant Thomas & Marker Construction Co. (Bodin, John) |
| ....DELETE, COUNSEL TO RESUBMIT WITH E-SIGNATURE OF COUNSEL....REPLY to Respondent's Answer and Counterclaim by Counter Defendant Thomas & Marker Construction Co. (Bodin, John) Modified on 1/17/2007 (phil1, ). |
| Filing 5 ANSWER to Complaint and, COUNTERCLAIM against Thomas & Marker Construction Co by Defendant Wal-Mart Stores Inc, Plaintiff Thomas & Marker Construction Co.(Beatty, Otto) |
| Filing 4 NOTICE by Defendant Wal-Mart Stores Inc re #2 Notice of Removal Defendant's Certificate of Filing (Attachments: #1 Exhibit A)(Beatty, Otto) |
| Filing 3 COMPLAINT against Wal-Mart Stores Inc (Filing fee $ 350.) , filed by Plaintiff Thomas & Marker Construction Co, Defendant Wal-Mart Stores Inc. (Attachments: #1 Attachment 1#2 Attachment 2#3 Attachment 3#4 Attachment 4#5 Attachment 5#6 Attachment 6#7 Attachment 7#8 Attachment 8)(phil1, ) |
| Filing 2 NOTICE OF REMOVAL by Defendants Wal-Mart Stores Inc, from Clark County Court of Common Pleas, case number 2006cv1503. ( Filing fee $ 350), filed by Defendants Wal-Mart Stores Inc, W (Attachments: #1 Exhibit A#2 Exhibit B)(phil1, ) |
| Filing 1 Filing fee: $ 350.00 receipt number 334448 (phil1, ) Additional attachment(s) added on 12/22/2006 (phil1, ). Modified on 12/26/2006 (phil1, ). Additional attachment(s) added on 12/26/2006 (kopf1, ). |
| ...NOTICE.... If case is to be referred, it will be Magistrate Judge Ovington. (phil1, ) |
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