Bixby et al v. KBR, Inc. et al
| Rocky Bixby, Lawrence Roberta, Scott Ashby, Charles Ellis, Matthew Hadley, Carlos Avalos, Jesus Bruno, Colt Campredon, Stephen Foster, Byron Greer, Kelly Hafer, Dennis Jewell, Stephen Mueller, Vito Pacheco, John Rydquist, Kevin Stanger, Ronald Bjerklund, Adanrolando Garcia, Brian Hedin, Lewis Martin, Charles Seamon, Randy Keiper, Matt Kuhnel, Dennis Rosgen, Aaron St. Clair, Kevin Wilson, Leslie Ing, Richard Lawrence, Jason Blain, James Borja, Jay Louisiana, James McGowan, Donald Yeargin, Devon Fields, Jason Arnold, Thomas Barella, Daniel Grover, Christopher Wangelin, Michael O'Rielly and Bertha Helman-Shuit |
| KBR, Inc., Kellogg, Brown & Root Service, Inc., KBR Technical Services, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc., Halliburton Company and Halliburton Energy Services, Inc. |
| Mary Jo Pullen-Hughes |
| Oregon Department of Justice Crime Victim's Assistance Section |
| 3:2009cv00632 |
| June 8, 2009 |
| U.S. District Court for the District of Oregon |
| Portland Office |
| Washington |
| Paul Papak |
| Personal Injury: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
This docket was last retrieved on August 29, 2016. A more recent docket listing may be available from PACER.
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Filing 781
MANDATE of USCA for the 9th Circuit, USCA # 15-35702, 15-35801, re Notice of Appeal #773 , Notice of Appeal #778 . The decision of the District Court is AFFIRMED. (Attachments: #1 8/3/2016 Memorandum) (jtj)
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Filing 780
Transcript Designation and Order Form for the hearing held on 08/18/2015 before Judge Papak. Court Reporter: Bonita Shumway. regarding Notice of Appeal #115 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Service Employees International, Inc.. Transcript is due by 12/14/2015. (Harris, Warren)
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Filing 779
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Oral Argument held on 8/18/2015 before Judge Paul Papak, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or [email protected]. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/9/2015. Redaction Request due 11/23/2015. Redacted Transcript Deadline set for 12/3/2015. Release of Transcript Restriction set for 1/29/2016. (Shumway, Bonita)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #778 . Case Appealed to 9th Circuit Court of Appeals Case Number 15-35801 assigned. (dsg)
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Filing 778
Notice of Appeal to the 9th Circuit from Order on Cost bill #772 , Order of Dismissal - Terminate Case, #776 Filing fee $505 collected; Agency Tracking ID 0979-4321671: . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Attachments: #1 Attachment Representation Statement) (Harrison, Geoffrey)
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Filing 777
Transcript Designation and Order Form for the hearing held on 08/18/2015 before Judge Papak. Court Reporter: Bonita Shumway. regarding Notice of Appeal, #773 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by KBR, Inc., Kellogg, Brown & Root Service, Inc.. Transcript is due by 11/2/2015. (Harris, Warren)
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Filing 776
ORDER OF DISMISSAL: Based on Plaintiffs' Notice of Voluntary Dismissal #775 , it is Ordered that this action is Dismissed without prejudice. Pending motions, if any, are Denied as Moot. Signed on 9/15/15 by Magistrate Judge Paul Papak. (gm)
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Filing 775
Notice of voluntary dismissal Filed by All Plaintiffs (Sugerman, David)
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Filing 774
Stipulation Regarding the Dismissal of Bixby by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #773 . Case Appealed to 9th Circuit Court of Appeals Case Number 15-35702 assigned. (dsg)
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Filing 773
Notice of Appeal to the 9th Circuit from Order on Cost bill #772 Filing fee $505 collected; Agency Tracking ID 0979-4269050: . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 772
OPINION & ORDER: Defendants' Motion for Award of its Appeals Costs #762 taxable in this court is Denied. Signed on 9/2/15 by Magistrate Judge Paul Papak. (gm)
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Filing 771
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephonic Oral Argument held 8/18/15. Order: KBR Defendants' Motion for FRAP 39(e) Costs #762 is taken under advisement as of 8/18/2015. Gabriel Hawkins; David Sugerman present as counsel for plaintiff(s). Geoffrey Harrison; Warren Harris; Jeffrey Eden; Mark Lowes; Celia Balli; Ron Scott present as counsel for defendant(s). Court Reporter: Bonita Shumway. (gm)
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Filing 770
Objection(s) KBR's Objection to Draft Opinion and Order Denying FRAP 39(e) Costs. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Scheduling,, 769 .) (Attachments: #1 Exhibit Exhibit A) (Harrison, Geoffrey)
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Filing 769
ORDER issued by Magistrate Judge Paul Papak: The Oral Argument regarding KBR Defendants' Motion for FRAP 39(e) Costs #762 is changed from an in-person hearing to a Telephonic Oral Argument on 8/18/2015 at 3:00PM in Portland Chambers before Magistrate Judge Paul Papak. The parties shall call into the court's conference line (phone number to be provided via separate email) five minutes prior to the scheduled conference time. The court will join the conference call at or shortly after the appointed time. (gm)
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Filing 768
Reply KBR's Reply In Support of Its Motion for FRAP 39(e) Costs to Bill of Costs Motion for FRAP 39(e) Costs #762 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Attachments: #1 Exhibit Exhibit 5, #2 Declaration of Jordan Connors) (Harrison, Geoffrey)
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Filing 767
ORDER issued by Magistrate Judge Paul Papak: Resetting KBR Defendants' Motion for FRAP 39(e) Costs #762 from the Under Advisement Calendar of 8/3/2015 to the Oral Argument Calendar of 8/18/2015 at 3:00PM in Portland Courtroom 10B before Magistrate Judge Paul Papak. (gm)
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Filing 766
ORDER issued by Magistrate Judge Paul Papak: Setting a Telephonic Scheduling Conference for 6/26/2015 at 1:15PM in Portland before Magistrate Judge Paul Papak. The parties shall call into the court's conference line (phone number to be provided via separate email) five minutes prior to the scheduled conference time. The court will join the conference call at or shortly after the appointed time. (gm)
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Filing 765
Response in Opposition to Bill of Costs Motion for FRAP 39(e) Costs #762 Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit PLs Ex 1 - Senator Wyden Letter to Secretary Panetta, #2 Exhibit PLs Ex 2 - List of Media Coverage of the Verdict) (Hawkins, Gabriel)
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Filing 763
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a). A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The docket text re: the entry for Document #761 is modified to read as a Stipulation and not as a Stipulated Motion. (gm)
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Filing 764
ORDER issued by Magistrate Judge Paul Papak: Setting KBR Defendants' MOTION FOR FRAP 39(e) COSTS #762 on the under advisement calendar of 8/3/2015. (gm)
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Filing 762
Bill of Costs Motion for FRAP 39(e) Costs. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Harrison, Geoffrey)
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Filing 761
Stipulation Regarding Transfer and Certain Costs . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc. (Harrison, Geoffrey) Modified on 6/23/2015 (gm).
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Filing 760
MANDATE of USCA for the 9th Circuit, USCA # 13-35513 and 13-35518, re Notice of Appeal #743 and Notice of Appeal #746 . The decision of the District Court is REVERSED and REMANDED. (Attachments: #1 5/14/15 Memorandum) (dsg)
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Filing 759
Notice of Change of Address. Filed by All Plaintiffs (Johnson, Amy)
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Filing 758
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 5/19/15. Upon the filing of the Ninth Circuit's Mandate, the parties shall confer and submit an appropriate pleading as discussed at the conference. David Sugerman; Gabriel Hawkins; Michael Grant present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Warren Harris present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 757
ORDER RELEASING SUPERSEDEAS BOND: Granting KBR Defendants' Motion for Release of Bond Obligation #754 : It is Ordered that the supersedeas bond filed by KBR, Inc. and Kellogg, Brown & Root Services, Inc. on May 23, 2013 #736 is Released. Signed on 5/15/15 by Magistrate Judge Paul Papak. (gm)
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Filing 756
Proposed Form of Order Submitted Releasing Supersedeas Bond. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Kobak, Sara)
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Filing 755
Memorandum in Support of Emergency Unopposed Motion to Release Supersedeas Bond. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Release of Bond Obligation, #754 .) (Kobak, Sara)
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Filing 754
Emergency Motion for Release of Bond Obligation . Expedited Hearing requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Kobak, Sara)
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Filing 753
ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference for 5/19/2015 at 10:00AM in Portland before Magistrate Judge Paul Papak. The parties shall call into the court's conference line (phone number to be provided via separate email) five minutes prior to the scheduled conference time. The court will join the conference call at or shortly after the appointed time. (gm)
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Filing 752
Order from USCA for the 9th Circuit, re Notice of Appeal #743 and Notice of Appeal #746 . The motions of the Product Liability Advisory Counsel, Inc.; Associated Oregon Industries, Oregon Farm Bureau Federation, Oregonians for Food and Shelter, Oregon Forest Industries Council, and Northwest Pulp and Paper Association; and the International Association of Defense Counsel and American Chemistry Council to file amicus curiae briefs are DENIED as moot. (dsg)
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Filing 751
Notice of Attorney Substitution:Attorney Michael W. Grant is substituted as counsel of record in place of Attorney Frederick Carl Ruby Filed by Oregon Department of Justice Crime Victim's Assistance Section (Grant, Michael)
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Filing 748
Transcript Designation and Order Form no transcript needed. Filed by KBR, Inc., Kellogg, Brown & Root Service, Inc.. Transcript is due by 8/1/2013. (Eden, Jeffrey)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Cross Notice of Appeal #746 . Case Appealed to 9th Circuit Court of Appeals. Case Number 13-35518 assigned. (eo)
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Filing 747
Cross Representation Statement re Notice of Appeal #746 . Filed by All Plaintiffs. (Sugerman, David)
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Filing 746
Cross Notice of Appeal to the 9th Circuit Filing fee $455 collected; Agency Tracking ID 0979-3316299: . Filed by All Plaintiffs. (Sugerman, David)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #743 . Case Appealed to 9th Circuit Court of Appeals. Case Number 13-35513 assigned. (eo)
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Filing 745
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 6/10/13. Order: Granting Plaintiffs and State of Oregon's Unopposed Motion to Order and Abate Separate Trial or Hearing of Claim in Intervention #739 . David Sugerman; Michael Doyle; Andrew Chang; Stuart Esner; Frederick Ruby present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Warren Harris; Ronald Scott; Mindy Rattan present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 744
Representation Statement re Notice of Appeal #743 . Filed by KBR, Inc., Kellogg, Brown & Root Service, Inc.. (Eden, Jeffrey)
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Filing 743
Notice of Appeal to the 9th Circuit Filing fee $455 collected; Agency Tracking ID 0979-3314923: . Filed by KBR, Inc., Kellogg, Brown & Root Service, Inc.. (Eden, Jeffrey)
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Filing 742
ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference re: the parties' Joint Motion to Order and Abate Separate Trial or Hearing of Claim in Intervention #739 for 6/10/2013 at 11:00AM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 741
OPINION & ORDER: Denying Defendants' Rule 59(e) Motion #737 . Signed on 6/4/13 by Magistrate Judge Paul Papak. (gm)
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Filing 740
Memorandum in Support of Motion to Order and Abate Separate Trial or Hearing of Claim in Intervention FR 42. Filed by All Plaintiffs. (Related document(s): Motion for Order #739 .) (Sugerman, David)
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Filing 739
Joint Motion for Order and Abate Separate Trial or Hearing of Claim in Intervention FR 42. Filed by All Plaintiffs. (Sugerman, David)
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Filing 738
Memorandum in Support of KBR's FRCP 59(e) Motion to Alter or Amend the Judgment. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion - Miscellaneous #737 .) (Eden, Jeffrey)
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Filing 737
Motion (FRCP 59(e)) to Alter or Amend the Judgment. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 736
SUPERSEDEAS BOND in the amount of $81,000,000.00 posted. Signed as Approved 5/23/13 by Magistrate Judge Paul Papak. (gm)
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Filing 735
ORDER issued by Magistrate Judge Paul Papak: Granting KBR Defendants' Unopposed Motion for Approval of Supersedeas Bond #733 . All proceedings to execute on or otherwise enforce the Judgment #732 entered in this action are Stayed pending appeal. (gm)
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Filing 734
Memorandum in Support of KBR's Unopposed FRCP 62(d) Motion for Approval of Supersedeas Bond. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion - Miscellaneous #733 .) (Attachments: #1 Exhibit A) (Eden, Jeffrey)
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Filing 733
Unopposed Motion for Approval of Supersedeas Bond. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 732
RULE 54(b) JUDGMENT as to Plaintiffs Jason Arnold, Rocky Bixby, Ronald Bjerklund, Colt Campredon, Charles Ellis, Byron Greer, Matthew Hadley, Brian Hedin, Vito Pacheco, Lawrence Roberta, Charles Seamon, and Aaron St. Clair. Total amount awarded these plaintiffs is $81,000,000.00. (See formal 7-page judgment.) Signed on 5/10/13 by Magistrate Judge Paul Papak. (gm)
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Filing 731
Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (gm)
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Filing 730
ORDER issued by Magistrate Judge Paul Papak: Granting Intervenor-Plaintiff State of Oregon's Unopposed Motion to Intervene #726 . (gm)
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Filing 729
Response to Plaintiffs' Memorandum of Law re Form of Judgment. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Memorandum in Support #725 .) (Eden, Jeffrey)
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Filing 728
Declaration of Frederick C. Ruby in Support of State of Oregon's Unopposed Motion to Intervene. Filed by Oregon Department of Justice Crime Victim's Assistance Section. (Related document(s): Motion to intervene #726 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Ruby, Frederick)
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Filing 727
Memorandum in Support of State of Oregon's Unopposed Motion to Intervene. Filed by Oregon Department of Justice Crime Victim's Assistance Section. (Related document(s): Motion to intervene #726 .) (Ruby, Frederick)
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Filing 726
Unopposed Motion to Intervene . Oral Argument requested. Filed by Oregon Department of Justice Crime Victim's Assistance Section. (Ruby, Frederick)
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Filing 725
Memorandum in Support of Law re Form of Judgment. Filed by All Plaintiffs. (Sugerman, David)
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Filing 724
OPINION & ORDER: Defendants' Rule 50(b) motion #630 is Denied, Plaintiffs' Rule 54(b) motion #651 is Granted, and Defendants' Rule 59 motion #653 is Denied as to Defendants' request for a new trial and Granted in part and Denied in part as discussed above as to Defendants' request for remittitur of the jury's award of damages. The jury award of noneconomic damages to each trial defendant is reduced from $850,000 to $500,000. Final judgment shall be prepared as to the claims of trial Plaintiffs Arnold, Bixby, Bjerklund, Campredon, Ellis, Greer, Hadley, Hedin, Pacheco, Roberta, Seamon, and St. Clair, only. Signed on 4/26/13 by Magistrate Judge Paul Papak. (gm)
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Filing 723
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion hearing held on February 26, 2013 before Judge Paul Papak, Court Reporter Nancy M. Walker, telephone number 503-326-8186. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503-326-8186) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 4/15/2013. Redaction Request due 4/29/2013. Redacted Transcript Deadline set for 5/9/2013. Release of Transcript Restriction set for 7/8/2013. (Walker, Nancy)
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Filing 722
OPINION & ORDER: Plaintiffs' motion to amend the parties' stipulated protective order #636 is Denied with leave to refile and Defendants' motion for imposition of contempt sanctions against the plaintiffs #637 is Denied. Signed on 3/25/13 by Magistrate Judge Paul Papak. (gm)
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Filing 721
Exhibits 21A re Declaration, #720 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Attachments: #1 Exhibit 21A) (Eden, Jeffrey)
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Filing 720
Declaration of Kurt Hamrock in Support of Notice of Filing Corrected Exhibit. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Notice, #719 .) (Eden, Jeffrey)
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Filing 719
Notice of Filing Corrected Exhibit in Support of Defendants' Renewed Motion to Dismiss Pursuant to Rules 12(B)(1) and 12(B)(6) of the Federal Rules of Civil Procedure Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc. (Eden, Jeffrey)
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Filing 718
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 2/26/13. Order: KBR Defendants' Motion for Judgment as a Matter of Law #630 , Plaintiffs' Motion to Amend Stipulated Protective Order #636 , KBR Defendants' Motion for Contempt #637 , Plaintiffs' Motion to Enter 54(b) Judgment #651 and KBR Defendants' Motion for New Trial or Remittitur #653 are taken under advisement as of 2/26/2013. Michael Doyle; David Sugerman; Andrew Chang present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Warren Harris present as counsel for defendant(s). Court Reporter: Nancy Walker. (gm)
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Filing 717
Reply to Motion for New Trial or Remittitur #653 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 716
Reply Memorandum in Support of to Motion to Enter Judgment (Rule 54(b)) #651 oral argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 715
OPINION & ORDER: Defendants' Petition for Attorney Fees and Costs #323 is Granted in Part, and defendants are awarded their attorney fees in the amount of $15,031.72 and their costs in the amount of $2,780.08, for a total award of $17,811.80. Such award issues against plaintiffs' counsel rather than against plaintiffs themselves, specifically against plaintiffs' counsel of record as of November 7, 2011. Such award shall be due and owing by plaintiffs' counsel (so defined) by not later than the date 30 days following entry of final judgment in these proceedings or the date 30 days following resolution of the final appeal arising out of these proceedings, if any such appeal is filed, whichever occurs later. Signed on 2/12/13 by Magistrate Judge Paul Papak. (gm)
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Filing 714
ORDER issued by Magistrate Judge Paul Papak: Granting KBR Defendants' Unopposed Motion to Exceed Page Limits on their Reply in Support of Motion for New Trial or Remittitur #713 . (gm)
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Filing 713
Unopposed Motion to File Excess Pages (on KBR's Reply in Support of KBR's FRCP 59 Motion for New Trial or Remittitur). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 712
Reply to Motion for Judgment KBR's FRCP 50(b) Motion for Judgment as a Matter of Law #630 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 711
Reply In Support of Motion for Contempt Re Plaintiffs' Counsel's Most Recent Violation of "Gag Order". Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion - Miscellaneous, #637 .) (Harrison, Geoffrey)
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Filing 710
ORDER issued by Magistrate Judge Paul Papak: The Court hereby Withdraws its' Opinion & Order #709 , filed 1/25/13. Defendants' Petition for Attorney Fees and Costs #323 remains pending. (gm)
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Filing 709
***WITHDRAWN*** OPINION & ORDER: Defendants' Petition for Attorney Fees and Costs #323 is Denied with leave to refile. Signed on 1/25/13 by Magistrate Judge Paul Papak. (gm) Modified on 1/25/2013. (gm)
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Filing 708
Response in Opposition to Motion to Enter Judgment (Rule 54(b)) #651 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 707
Response in Opposition to Motion for New Trial or Remittitur #653 Oral Argument requested. Filed by All Plaintiffs. (Hawkins, Gabriel)
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Filing 706
ORDER issued by Magistrate Judge Paul Papak: Granting KBR Defendants' Unopposed Motion to Exceed Page Limits on their Reply to Plaintiffs' Response to Motion for Judgment as a Matter of Law #705 . (gm)
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Filing 705
Unopposed Motion to File Excess Pages (Re: KBR's Reply to Plaintiffs' Response to KBR's FRCP 50(b) Motion for Judgment as a Matter of Law). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 704
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiffs' Unopposed Motion to Exceed Page Limits on their Opposition to Defendant's Motion for New Trial or Remittitur #703 . (gm)
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Filing 703
Unopposed Motion to File Excess Pages on Their Opposition to KBR's FRCP 59 re Motion for new trial, #653 . Oral Argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 702
Declaration of Patrick Dennis in Support of Response. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #701 .) (Attachments: #1 Exhibit 1 - Transcript 11-2-2012, #2 Exhibit 2 - KPTV News Report, #3 Exhibit 3 - Harrison E-mail) (Dennis, Patrick)
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Filing 701
Response in Opposition to Motion for Contempt re Plaintiffs' Counsel's Most Recent Violation of "Gag Order" #637 oral argument requested. Filed by All Plaintiffs. (Dennis, Patrick)
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Filing 700
Response in Opposition to Defendants' Motion for Judgment as a Matter of Law to Motion for Judgment KBR's FRCP 50(b) Motion for Judgment as a Matter of Law #630 Oral Argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 699
Answer to #650 Amended Complaint,, . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 698
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiffs' Unopposed Motion to Exceed Page Limits on their Opposition to Defendant's Motion for Judgment as a Matter of Law #683 . (gm)
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Filing 697
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Day 18, Colloquy held on November 1, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 696
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Morning Session, Day 17 held on October 31, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 695
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Afternoon Session, Day 16 held on October 30, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 694
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Afternoon Session, Day 15 held on October 29, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 693
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Afternoon Session, Day 14 held on October 26, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 692
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Morning Session, Day 13 held on October 25, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 691
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Morning Session, Day 12 held on October 24, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 690
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Afternoon Session, Day 11 held on October 23, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 689
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Afternoon Session, Day 9 held on October 19, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 688
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Afternoon Session, Day 8 held on October 18, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 687
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Morning Session, Day 7 held on October 17, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 686
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Morning Session, Day 4 held on October 12, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 685
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Morning Session, Day 3 held on October 11, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 684
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial, Morning Session, Day 2 held on October 10, 2012 before Judge Paul Papak, Court Reporter Amanda M. LeGore, telephone number 503-326-8184. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (LeGore, Amanda)
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Filing 683
Unopposed Motion to File Excess Pages . Filed by All Plaintiffs. (Sugerman, David)
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Filing 682
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Pretrial Telephone Conference held on October 5, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 681
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Pretrial Telephone Conference held on October 4, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 680
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 18D held on November 2, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 679
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 18C held on November 2, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 678
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 18B held on November 2, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 677
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 18A held on November 2, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 676
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 17B held on October 31, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 675
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 16A held on October 30, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 674
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 15A held on October 29, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 673
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 13B held on October 25, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 672
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 12B held on October 24, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 671
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 11A held on October 23, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 670
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 10A held on October 22, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 669
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 8A held on October 18, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 668
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 7B held on October 17, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 667
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 4B held on October 12, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 666
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 3B held on October 11, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 665
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 6A held on October 16, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 664
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 5A held on October 15, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 663
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 2B held on October 10, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 662
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Volume 1A held on October 9, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/17/2013. Redaction Request due 1/31/2013. Redacted Transcript Deadline set for 2/11/2013. Release of Transcript Restriction set for 4/11/2013. (Apodaca, Dennis)
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Filing 661
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 10 - Afternoon Session held on 10/22/2012 before Judge Paul Papak, Court Reporter Bonita J. Shumway, telephone number 503-326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/14/2013. Redaction Request due 1/28/2013. Redacted Transcript Deadline set for 2/7/2013. Release of Transcript Restriction set for 4/8/2013. (Shumway, Bonita)
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Filing 660
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 9 - Morning Session held on 10/19/2012 before Judge Paul Papak, Court Reporter Bonita J. Shumway, telephone number 503-326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/14/2013. Redaction Request due 1/28/2013. Redacted Transcript Deadline set for 2/7/2013. Release of Transcript Restriction set for 4/8/2013. (Shumway, Bonita)
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Filing 659
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 6 - Afternoon Session held on 10/16/2012 before Judge Paul Papak, Court Reporter Bonita J. Shumway, telephone number 503-326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/14/2013. Redaction Request due 1/28/2013. Redacted Transcript Deadline set for 2/7/2013. Release of Transcript Restriction set for 4/8/2013. (Shumway, Bonita)
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Filing 658
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 5 - Afternoon Session held on 10/15/2012 before Judge Paul Papak, Court Reporter Bonita J. Shumway, telephone number 503-326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/14/2013. Redaction Request due 1/28/2013. Redacted Transcript Deadline set for 2/7/2013. Release of Transcript Restriction set for 4/8/2013. (Shumway, Bonita)
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Filing 657
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Jury Trial - Day 1 - Afternoon Session held on 10/9/2012 before Judge Paul Papak, Court Reporter Bonita J. Shumway, telephone number 503-326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/14/2013. Redaction Request due 1/28/2013. Redacted Transcript Deadline set for 2/7/2013. Release of Transcript Restriction set for 4/8/2013. (Shumway, Bonita)
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Filing 656
ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiffs' Motion to Enter 54(b) Judgment #651 and Defendants' Motion for New Trial or Remittitur #653 on the Oral Argument Calendar of 2/26/2013 at 9:30AM in Courtroom 10-B. (gm)
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Filing 655
Declaration of Jeffrey S. Eden in Support of KBR FRCP 59 Motion for New Trial or Remittitur. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for new trial, #653 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Eden, Jeffrey)
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Filing 654
Memorandum in Support of KBR's FRCP 59 Motion for New Trial or Remittitur. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for new trial, #653 .) (Eden, Jeffrey)
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Filing 653
Motion for New Trial or Remittitur. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 652
Plaintiffs' Memorandum in Support of Motion to Enter Judgment (Rule 54 (b)). Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous #651 .) (Sugerman, David)
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Filing 651
Motion to Enter Judgment (Rule 54(b)). Oral Argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 650
Amended Complaint Sixth and Demand for Jury Trial (CORRECTED). Filed by Matt Kuhnel, Daniel Grover, James McGowan, Byron Greer, Charles Ellis, Jason Blain, Brian Hedin, Rocky Bixby, Thomas Barella, Stephen Foster, Vito Pacheco, Lewis Martin, Aaron St. Clair, Richard Lawrence, Stephen Mueller, Charles Seamon, John Rydquist, Dennis Rosgen, James Borja, Adanrolando Garcia, Kelly Hafer, Jay Louisiana, Devon Fields, Dennis Jewell, Jesus Bruno, Donald Yeargin, Christopher Wangelin, Randy Keiper, Lawrence Roberta, Carlos Avalos, Kevin Stanger, Jason Arnold, Ronald Bjerklund, Matthew Hadley, Leslie Ing, Colt Campredon, Kevin Wilson, Michael O'Rielly, Scott Ashby, Bertha Helman-Shuit against All Defendants. (Sugerman, David)
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Filing 649
ORDER issued by Magistrate Judge Paul Papak: Granting the parties' unopposed E-mail Request dated 12/18/12 for extension of time as follows: Response to motion for contempt due 1/11/2013. Reply to response due 1/29/2013. Order: Setting Plaintiffs' Motion to Amend Stipulated Protective Order (Doc. 245) #636 and KBR Defendants' Motion for Contempt #637 on the Oral Argument Calendar of 2/26/2013 at 9:30AM in Courtroom 10-B. (gm)
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Filing 648
Amended Complaint Sixth and Demand for Jury Trial. Filed by Matt Kuhnel, Daniel Grover, James McGowan, Byron Greer, Charles Ellis, Jason Blain, Brian Hedin, Rocky Bixby, Thomas Barella, Stephen Foster, Vito Pacheco, Lewis Martin, Aaron St. Clair, Richard Lawrence, Stephen Mueller, Charles Seamon, John Rydquist, Dennis Rosgen, James Borja, Adanrolando Garcia, Kelly Hafer, Jay Louisiana, Devon Fields, Dennis Jewell, Jesus Bruno, Donald Yeargin, Christopher Wangelin, Randy Keiper, Lawrence Roberta, Carlos Avalos, Kevin Stanger, Jason Arnold, Ronald Bjerklund, Matthew Hadley, Leslie Ing, Colt Campredon, Kevin Wilson, Michael O'Rielly, Scott Ashby against All Defendants. (Sugerman, David)
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Filing 647
OPINION & ORDER (Corrected): Plaintiffs' Oral Motion for Relief from Court-Imposed Restrictions on the Parties' Right to Speak Regarding the Parties' Dispute is Granted as discussed in this Opinion and Order. Signed on 12/19/12 by Magistrate Judge Paul Papak. (Corrected to include PDF attachment of Opinion & Order.) (gm)
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Filing 646
ORDER issued by Magistrate Judge Paul Papak: Granting the parties' unopposed E-mail Request dated 12/19/12 for extension of time as follows: Response to Defendants' motion for judgment due 1/8/2013. Reply to response due 1/29/2013. (gm)
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Filing 645
ORDER issued by Magistrate Judge Paul Papak: Granting KBR Defendants' Unopposed Motion to Exceed Page Limitation re: Memorandum in Support of Their Motion for New Trial or Remittitur #642 . (gm)
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Filing 644
OPINION & ORDER: Defendants' Oral Motion for Leave of Court to Conduct Post-Verdict Jury Interviews is Denied. Signed on 12/19/12 by Magistrate Judge Paul Papak. (gm)
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Filing 643
Memorandum in Opposition to Motion for Protective Order to Amend Stipulated Protective Order (Doc. 245) #636 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 642
Unopposed Motion to Exceed Page Limits on Memorandum In Support of KBR's FRCP 59 Motion for New Trial or Remittitur. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 641
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiffs' Stipulation (Motion) Allowing Filing of Sixth Amended Complaint #640 . Plaintiffs shall promptly file their sixth amended complaint. (gm)
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Filing 640
Stipulation allowing filing of plaintiffs' sixth amended complaint by All Plaintiffs. Filed by All Plaintiffs. (Sugerman, David)
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OPINION & ORDER: Plaintiffs' Oral Motion for Relief from Court-Imposed Restrictions on the Parties' Right to Speak Regarding the Parties' Dispute is Granted as discussed in this Opinion and Order. Signed on 12/19/12 by Magistrate Judge Paul Papak. (gm)
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Filing 639
Affidavit of Chanler A. Langham In Support of KBR's Motion for Contempt Re Plaintiffs' Counsel's Most Recent Violation of "Gag Order". Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion - Miscellaneous, #637 .) (Attachments: #1 Exhibit 1) (Harrison, Geoffrey)
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Filing 638
Memorandum in Support of KBR Defendants' Motion for Contempt re Plaintiffs' Counsel's Most Recent Violation of "Gag Order". Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion - Miscellaneous, #637 .) (Harrison, Geoffrey)
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Filing 637
Motion for Contempt re Plaintiffs' Counsel's Most Recent Violation of "Gag Order". Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 636
Motion for Protective Order to Amend Stipulated Protective Order (Doc. 245). oral argument requested. Filed by All Plaintiffs. (Attachments: #1 Appendix Memorandum in Support of Motion) (Dennis, Patrick)
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Filing 635
ORDER issued by Magistrate Judge Paul Papak: Plaintiffs' informal Oral Motion for Relief from Restrictions on the Parties' Right to Speak Regarding their Dispute is also taken under advisement as of 12/6/2012 (at the time which KBR Defendants' Petition for Fees and Costs and their Oral Motion to Request Permission to Contact/Interview Jurors are being considered). (gm)
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Filing 634
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 12/6/12. Order: KBR Defendants' Petition for Fees and Costs in Accordance with the Court's 12/30/11 Opinion and Order #323 and Defendant KBR's Oral Motion to Request Permission to Contact/Interview Jurors are taken under advisement as of 12/6/2012. Order: Setting KBR Defendants' Motion for Judgment as a Matter of Law #630 on the Oral Argument Calendar of 2/26/2013 at 9:30AM in Courtroom 10-B. Response to motion for judgment as a matter of law due by 1/4/2013. Reply to response to motion for judgment as a matter of law due by 1/25/2013. Order Setting the following deadlines: Defendants' motion for new trial, Plaintiffs' motion for entry of judgment, and any other motions intended to be heard at the 2/26/2013 oral argument must be filed by 12/28/2012. Responses to motion for new trial, motion for entry of judgment (and other pending motions) due 1/25/2013. Replies to responses to motion for new trial, motion for entry of judgment (and other pending motions) due 2/15/2013. David Sugerman; Michael Doyle; Patrick Dennis; Gabriel Hawkins; Andrew Chang present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Kurt Hamrock; Warren Harris; Celia Balli present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (gm)
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Filing 633
ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference re: Defendant KBR's Oral Motion to Request Permission to Contact/interview Jurors and other matters for 12/6/2012 at 11:00AM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 632
Declaration of Chanler A. Langham In Support of KBR's FRCP 50(b) Motion for Judgment as a Matter of Law. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for judgment, #630 .) (Attachments: #1 Exhibit A) (Harrison, Geoffrey)
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Filing 631
Memorandum in Support of KBR's FRCP 50(b) Motion for Judgment as a Matter of law. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for judgment, #630 .) (Harrison, Geoffrey)
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Filing 630
Motion for Judgment KBR's FRCP 50(b) Motion for Judgment as a Matter of Law. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 629
Response to Plaintiffs' "Supplemental Memorandum of Additional Authorities in Opposition to Continued Gag Order". Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Memorandum in Opposition #626 .) (Harrison, Geoffrey)
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Filing 628
ORDER issued by Magistrate Judge Paul Papak: Granting KBR Defendants' Unopposed Motion to Exceed Page Limit for their Memorandum in Support of Motion for Judgment as a Matter of Law #627 . (gm)
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Filing 627
Unopposed Motion to File Excess Pages for Their Memorandum in Support of KBR's FRCP 50(b) Motion for Judgment as a Matter of Law. Filed by KBR Technical Services, Inc., KBR, Inc.. (Eden, Jeffrey)
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Filing 626
Supplemental Memorandum in Opposition to continued gag order oral argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 625
Memorandum in Opposition to Continued Gag Order [#621] Oral Argument requested. Filed by All Plaintiffs. (Hawkins, Gabriel)
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Filing 624
Sur-Reply in Opposition to Defendants' Motion for Post-Trial Juror Interviews [#617]. Filed by All Plaintiffs. (Hawkins, Gabriel)
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Filing 623
ORDER: Granting Plaintiffs' Motion for Leave to File Sur-Reply #622 . Signed on 11/19/12 by Magistrate Judge Paul Papak. (gm)
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Filing 622
Motion for Leave to File Plaintiffs' Surreply in Opposition to Defendants' Motion for Post-Trial Juror Interviews [#617]. Filed by All Plaintiffs. (Attachments: #1 Exhibit Plaintiffs Surreply in Opposition to Defendants Motion for Post-Trial Juror Interviews, #2 Proposed Order) (Hawkins, Gabriel)
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Filing 621
Response to Plaintiffs' Memorandum in Opposition to Continued Gag Order. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Memorandum in Opposition #618 .) (Eden, Jeffrey)
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Filing 620
Reply to Plaintiffs' Memorandum in Opposition to Defendants' Motion for Post-Trial Juror Interviews. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Memorandum in Opposition #617 .) (Eden, Jeffrey)
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Filing 619
Clerk's List of Exhibits & Witnesses. (gm)
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Filing 618
Memorandum in Opposition to Continued Gag Order Oral Argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 617
Memorandum in Opposition to Defendants' Motion for Post-Verdict Juror Interviews Oral Argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 616
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 11/7/12. Order: Setting Defendant KBR's Oral Motion to Request Permission to Contact/Interview Jurors on the under advisement calendar of 11/19/2012. Plaintiffs' Response to oral motion, including briefing related to release of information to the public, due by 11/13/2012. Defendant KBR's Reply to Plaintiffs' reaponse due by 11/16/2012. David Sugerman; Michael Doyle; Gabriel Hawkins; Andrew Chang; Jeffrey Raizner present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Warren Harris; Ray Biagini; Mindy Rattan; Larry Ebner present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 615
ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference for 11/7/2012 at 10:00AM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 614
Jury Question #2 (corrected to include proper 'PDF' attachment). (gm)
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Filing 613
Jury Question #3. Unredacted Version Filed Under Seal . (gm)
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Filing 612
Jury Question #3. (gm)
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Filing 611
Jury Question #2. Unredacted Version Filed Under Seal . (gm)
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Filing 610
Jury Question #2. (gm)
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Filing 609
Jury Verdict Unredacted Version Filed Under Seal . (gm)
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Filing 608
Jury Verdict. (gm)
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Filing 607
MINUTES OF PROCEEDINGS of Jury Trial (Day 19) before Magistrate Judge Paul Papak: Jury deliberates. Jury verdict. Jury polled. Order: Lunches to be provided to jury from Lotus Cafe for 12 jurors total. Order: Exhibits to be returned to counsel. Jury Trial ends. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (gm)
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Filing 606
MINUTES OF PROCEEDINGS of Jury Trial (Day 18) before Magistrate Judge Paul Papak: Jury deliberates. Order: Lunches to be provided to jury from Cafe Today for 12 jurors total. Jury Trial continued to 11/2/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Amanda LeGore. (gm)
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Filing 605
MINUTES OF PROCEEDINGS of Jury Trial (Day 17) before Magistrate Judge Paul Papak: Order: The following final list of exhibits are Received into evidence: Plaintiffs' Exhibits: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 21, 23, 25, 26, 29, 31, 33, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 69, 70, 71, 73, 74, 75, 77, 78, 79, 80, 81, 82, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 99, 100, 104, 105, 109, 114, 121, 122, 132, 133, 134, 138, 140, 141, 146, 149, 150, 154, 160, 165, 166, 187, 190, 191, 222, 223, 224, 225, 227, 233; Defendants' Exhibits: 508, 518, 519, 520, 522, 523, 524, 525, 526, 527, 528A, 530, 531, 532, 533, 534, 538, 540 (as redacted), 544, 545, 549, 551, 552, 553, 556, 558, 561, 562, 563, 566, 567, 570, 571, 573, 574, 575, 576, 577, 578, 579, 580, 598, 600, 605, 608, 614 (as redacted), 616, 618, 620, 624, 632, 637, 638, 639, 641, 660, 663, 694, 695, 697, 702, 704, 706, 708, 710, 714, 716, 718, 721, 723, 726, 731, 735, 739, 740, 747, 748, 749, 751, 753, 763, 764, 768, 769, 777, 778, 782, 783, 785, 791, 830, 855, 900, 907, 913 (as redacted), 917, 927, 964A, 978A, 979A, 981A, 1040, 1046A, 1048, 1050, 1073, 1074, 1084, 1086, 1110, 1111, 1114, 1119, 1120, 1156, 1218, 1223, 1227, 1228, 1251, 1273, 1273A, 1273B, 1273G, 1274A, 1275A, 1275B, 1275C, 1275D, 1276 (Bates Pages 00027, 00028, 00029, 00030, 00055, 00056), 1276A, 1276E, 1295, 1311A, 1319, 1320, 1321, 1329, 1335, 1342A, 1345A, 1345B, 1345C, 1345D, 1348B, 1349A, 1349C, 1349D, 1349F, 1349G, 1350A, 1353, 1395A, 1395B, 1396, 1396A, 1396B, 1400, 1400A, 1401A, 1401B, 1401D, 1410, 1422, 1422A, 1422B, 1422C, 1422D, 1422E, 1428, 1437, 1446A, 1446B, 1450A, 1451A, 1453, 1453A, 1453B, 1453C, 1453G, 1456, 1464, 1471B, 1475, 1475A, 1475B, 1475D, 1495, 1529, 1552, 1553, 1557, 1565A, 1566, 1566A, 1599, 1617A, 1618A, 1623A, 1623B, 1623C, 1625B, 1625C, 1625E, 1628A, 1628B, 1628C, 1628D, 1628E, 1628F, 1628G, 1628H, 1628I, 1628J, 1628K, 1628L, 1628M, 1628N, 1628O, 1628Q, 1628R, 1628T, 1628V, 1629A, 1629B, 1640, 1641, 1642, 1643, 1644, 1647, 1648, 1649, 1651, 1652, 1655, 1671, 1696A, 1705, 1707, 1709, 1714, 1716, 1717, 1720, 1737, 1749A, 1749C, 1752A, 1850, 1852. Jury instructed. Plaintiffs closing argument. Defendants closing argument. Plaintiffs rebuttal. Received exhibits given to jury. Jury deliberates. Jury Trial continued to 11/1/2012 at 8:30AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Amanda LeGore (a.m.) & Dennis Apodaca (p.m.). (gm)
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Filing 603
Court's Final Instructions to the Jury (read to jury on 10/31/2012). (gm)
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Filing 602
Court's Limiting Instruction to the Jury (read to jury on 10/15/2012). (gm)
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Filing 601
Court's Preliminary Instructions to the Jury (read to jury on 10/10/2012). (gm)
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Filing 604
MINUTES OF PROCEEDINGS of Jury Trial (Day 16) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Defendants rest case. Plaintiffs' rebuttal case begins. Plaintiffs rest case. Order: The following exhibits have been admitted: Plaintiffs' Exhibit: #97; Defendants' Exhibit: #1852. Order: Plaintiffs' Oral Motion for Judgment as a Matter of Law is Granted in Part and Denied in Part as specified on the record. Defendants' First Supplemental Motion for Judgment as a Matter of Law #596 is Denied as specified on the record. Defendants' Second Supplemental Motion for Judgment as a Matter of Law #598 is Denied as specified on the record. Jury Trial continued to 10/31/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Dennis Apodaca (a.m.) & Amanda LeGore (p.m.). (gm)
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Filing 600
Supplemental Proposed Jury Instructions (Second Supplemental). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 599
Second Supplemental Memorandum in Support . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Judgment NOV, #598 .) (Eden, Jeffrey)
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Filing 598
Supplemental Motion for Judgment Not Withstanding the Verdict (Second Supplemental). Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 597
First Supplemental Memorandum in Support . Filed by KBR Technical Services, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Judgment NOV, #596 .) (Eden, Jeffrey)
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Filing 596
Supplemental Motion for Judgment Not Withstanding the Verdict (First Supplemental). Oral Argument requested. Filed by KBR Technical Services, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 595
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on July 12, 2012, before Judge Paul Papak, Court Reporter Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/9/2012. Redaction Request due 11/23/2012. Redacted Transcript Deadline set for 12/3/2012. Release of Transcript Restriction set for 1/31/2013. (Erwin, Jill)
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Filing 594
MINUTES OF PROCEEDINGS of Jury Trial (Day 15) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Order: Defendant KBR Inc.'s Motion to Dismiss KBR Inc. as a Defendant in this matter (submitted as part of their reply #592 to their Motion for Judgment as a Matter of Law) is Denied as specified on the record. Jury Trial continued to 10/30/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Warren Harris; Chanler Langham; Jeffrey Eden present as counsel for defendant(s). (gm)
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Filing 592
Reply In Support of KBR's Motion for Judgment as a Matter of Law re KBR, Inc.. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Memorandum in Support of Motion, #584 .) (Harrison, Geoffrey)
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Filing 591
Response to Plaintiffs' Supplemental Trial Memorandum re Non-Economic Damages. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Trial memorandum #588 .) (Harrison, Geoffrey)
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Filing 590
Supplemental Trial Memorandum Re KBR, Inc. and Evidence for Punitive Damages. Filed by All Plaintiffs. (Sugerman, David)
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Filing 593
MINUTES OF PROCEEDINGS of Jury Trial (Day 14) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Jury Trial continued to 10/29/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Bonita Shumway (a.m.) & Amanda LeGore (p.m.). (gm)
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Filing 588
Supplemental Trial Memorandum re Recoverable Non-Economic Damages. Filed by All Plaintiffs. (Sugerman, David)
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Filing 589
MINUTES OF PROCEEDINGS of Jury Trial (Day 13) before Magistrate Judge Paul Papak: Defendants' case begins. Witnesses sworn & evidence adduced. Order: Further rulings re: Defendant KBR's Motion for Judgment as a Matter of Law #583 are made on the record. Order: The following exhibits have been admitted: Defendants' Exhibit 964A. Jury Trial continued to 10/26/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Amanda LeGore (a.m.) & Dennis Apodaca (p.m.). (gm)
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Filing 587
MINUTES OF PROCEEDINGS of Jury Trial (Day 12) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Order: The following exhibits have been admitted: Plaintiffs' Exhibits: 5, 18, 100, 146. Plaintiffs rest case. Order: Defendant KBR's Motion for Judgment as a Matter of Law #583 is Granted in Part, Denied in Part and Ruling Reserved in Part as specified on the record. Jury Trial continued to 10/25/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Amanda LeGore (a.m.) & Dennis Apodaca (p.m.). (gm)
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Filing 585
Exhibits 1 re Memorandum in Support of Motion, #584 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 584
Memorandum in Support . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Directed Verdict #583 .) (Attachments: #1 Exhibit 2) (Eden, Jeffrey)
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Filing 583
Motion for Directed Verdict . Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 586
MINUTES OF PROCEEDINGS of Jury Trial (Day 11) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Order: The following exhibits have been admitted: Plaintiffs' Exhibit 38. Jury Trial continued to 10/24/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Dennis Apodaca (a.m.) and Amanda LeGore (p.m.). (gm)
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Filing 582
MINUTES OF PROCEEDINGS of Jury Trial (Day 10) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Jury Trial continued to 10/23/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Dennis Apodaca (a.m.) & Bonita Shumway (p.m.). (gm)
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Filing 581
MINUTES OF PROCEEDINGS of Jury Trial (Day 9) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Order: The following exhibit has been admitted: Plaintiffs' Exhibit #224. Jury Trial continued to 10/22/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Bonita Shumway (a.m.) & Amanda LeGore (p.m.). (gm)
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Filing 580
MINUTES OF PROCEEDINGS of Jury Trial (Day 8) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Jury Trial continued to 10/19/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Dennis Apodaca (a.m.) & Amanda LeGore (p.m.). (gm)
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Filing 579
MINUTES OF PROCEEDINGS of Jury Trial (Day 7) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Jury Trial continued to 10/18/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Amanda LeGore (a.m.) & Dennis Apodaca (p.m.). (gm)
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Filing 578
Jury Question #1. (gm)
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Filing 577
MINUTES OF PROCEEDINGS of Jury Trial (Day 6) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Order: The following exhibits have been admitted: Plaintiffs' Exhibits: 105 & 225. Jury Trial continued to 10/17/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Dennis Apodaca (a.m.) & Bonita Shumway (p.m.). (gm)
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Filing 576
MINUTES OF PROCEEDINGS of Jury Trial (Day 5) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Order: Unredacted medical records will be sealed following in-court use during trial. Order: The following exhibits have been admitted: Plaintiffs' Exhibit: 11. Jury Trial continued to 10/16/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Dennis Apodaca (a.m.) & Bonita Shumway (p.m.). (gm)
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Filing 574
Brief KBR's Request for a Curative Instruction. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 575
MINUTES OF PROCEEDINGS of Jury Trial (Day 4) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Order: The following exhibits have been admitted: Plaintiffs' Exhibits: 150, 223 & 227. Jury Trial continued to 10/15/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Amanda LeGore (a.m.) & Dennis Apodaca (p.m.). (gm)
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Filing 573
MINUTES OF PROCEEDINGS of Jury Trial (Day 3) before Magistrate Judge Paul Papak: Witnesses sworn & evidence adduced. Order: In an effort to clarify the record, the following exhibits have been admitted (to-date): Plaintiffs Exhibits: 1-6, 10, 12, 14, 16, 17, 20-23, 25, 26, 29, 29A, 31, 33, 37, 39-71, 77-80, 82-85, 88-96, 99, 101, 104, 107, 109-110, 114, 116-117, 119-125, 130, 132-135, 138-141, 144, 154, 165-167, 173-174, 176-183, 185-200, 222.Defendants Exhibits: 505-509, 518-528, 530-536, 538, 540, 542-552, 557-559, 561-596, 599-618, 620-762, 764, 768, 771-777, 779-782, 784-814, 824, 827, 830, 835-900, 906-907, 913-959, 987-1013, 1015-1023, 1025-1037, 1040-1041, 1044, 1048, 1050-1051, 1054-1058, 1060-1074, 1076-1078, 1080- 1114, 1116-1125, 1127-1134, 1138-1155, 1157, 1160-1179, 1181-1257, 1262, 1264, 1266, 1284-1289, 1291-1292, 1295, 1297, 1300-1301, 1320, 1323, 1326, 1328-1330, 1333-1335, 1342, 1344, 1353, 1355-1365, 1370-1373, 1375, 1379, 1382-1384, 1386-1387, 1409, 1411-1412, 1417-1418, 1425-1426, 1428, 1429, 1433, 1435, 1437, 1438, 1448, 1450, 1456, 1462, 1466, 1482-1549, 1552-1556, 1568, 1573, 1575, 1577, 1579, 1589-1590, 1594, 1603, 1605-1607, 1609, 1611, 1618-1619, 1635-1644, 1646-1649, 1651-1652, 1655-1656, 1674, 1692-1698, 1700, 1703-1707, 1709, 1711-1712, 1714, 1721, 1729, 1737, 1746-1748, 1750. Order: Jury Trial continued to 10/12/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Gabriel Hawkins; Patrick Dennis present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Amanda LeGore (a.m.) & Dennis Apodaca (p.m.). (gm)
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Filing 572
MINUTES OF PROCEEDINGS of Jury Trial (Day 2) before Magistrate Judge Paul Papak: Plaintiffs' opening statement given. Defendants' opening statement given. Plaintiffs' case begins. Witnesses sworn & evidence adduced. Jury Trial continued to 10/11/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Gabriel Hawkins; Patrick Dennis present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Amanda LeGore (a.m.) & Dennis Apodaca (p.m.). (gm)
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Filing 571
MINUTES OF PROCEEDINGS of Jury Trial (Day 1) before Magistrate Judge Paul Papak: Jury trial begins. Jury questionnaires distributed. Voir dire panel sworn. Jury panel selected and sworn. Jury Trial continued to 10/10/2012 at 9:00AM in Courtroom 15-B. Michael Doyle; David Sugerman; Gabriel Hawkins; Patrick Dennis present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Chanler Langham; Trey Peacock present as counsel for defendant(s). Court Reporter: Dennis Apodaca (a.m.) & Bonita Shumway (p.m.). (gm)
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Filing 570
Amended Exhibit List (Fourth Amended). Filed by KBR Technical Services, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 569
MINUTES of Proceedings before Magistrate Judge Paul Papak: Telephone Conference re: Pretrial Matters held 10/5/12. Order: 1) Plaintiffs' exhibits nos. 9, 13, 73, 81, 149, and 160 are all admitted. 2) Plaintiffs' exhibit no. 105 will not be admitted until after such time, if any, that plaintiffs establish a foundation for that exhibit in accordance with the discussion on the record. 3) Defendants' exhibits nos. 518, 527, 552, 559, 566, 1737, 1428, and 1437 are all admitted. 4) Defendants' exhibits nos. 504 and 1754 are excluded. 5) Plaintiffs' timeline demonstrative exhibit is admitted, except that it must be modified as discussed on the record to comply with the court's ruling regarding the U.N. Oil for Food Programme documents. 6) To the extent not previously resolved, defendants' motion #557 was resolved as discussed on the record. David Sugerman, Michael Doyle, Patrick Dennis, Gabriel Hawkins present as counsel for plaintiff(s). Jeffrey Eden, Geoffrey Harrison, Warren Harris, Celia Balli, Chanler Langham, J. Hoke Peacock, Ron Scott present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (jlr) Modified on 10/11/2012 (gm).
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Filing 568
Declaration of Jeffrey S. Eden . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Response, #567 .) (Eden, Jeffrey)
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Filing 567
Response to Plaintiffs' Renewed Attempt to Establish Foundation for Their CSP-Related Exhibits and Arguments. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Memorandum in Support, #563 .) (Eden, Jeffrey)
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Filing 566
AMENDED OPINION & ORDER: Plaintiffs' objections #499 to defendants' deposition designations and defendants' motion for reconsideration #557 are resolved as discussed [in this opinion & order]. Signed on 10/4/12 by Magistrate Judge Paul Papak. (gm)
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Filing 565
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference re: Pretrial Matters held 10/4/12. Order: Setting a further Telephone Conference for 10/5/2012 at 1:00PM in Chambers. The Court will initiate the call to counsel. Order: Plaintiffs' objections to Defendants' Exhibits 514A & 514B are sustained for reasons set forth in the conference. Michael Doyle; David Sugerman; Patrick Dennis; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Warren Harris; Chanler Langham; Jeffrey Eden present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (gm)
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Filing 564
Declaration of Gabriel A. Hawkins. Filed by All Plaintiffs. (Related document(s): Memorandum in Support, #563 .) (Attachments: #1 Exhibit 1 - Excerpts of PreTrial Hearing 09-18-12, #2 Exhibit 2 - Excerpts from Deposition Transcript of Reeves 8-17-12, #3 Exhibit 3 - Excerpts of Deposition Transcript of Reeves 3-01-11, #4 Exhibit 4 - Excerpt from KBR's Contingency Support Plan, #5 Exhibit 5 - Excerpts of Deposition Transcript of Weatherley 03-12-12, #6 Exhibit 6 - Excerpts of KBR's Contingency Support Plan, #7 Exhibit 7 - Excerpt of Deposition Transcript of Yseng 02-03-11) (Hawkins, Gabriel)
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Filing 563
Memorandum in Support of Foundation for Inferences Surrounding the Admission of KBR's Contingency Support Plan and U.N Oil-for-Food Programme Supply List. Filed by All Plaintiffs. (Related document(s): Pretrial Conference - Final,,,, 544 .) (Hawkins, Gabriel)
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Filing 562
ORDER issued by Magistrate Judge Paul Papak: Resetting the Telephone Conference re: Pretrial Matters from 9:30AM to 1:00PM on 10/4/2012 in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 561
ORDER issued by Magistrate Judge Paul Papak: Defendants' Oral Motion for Reconsideration of the Court's ruling regarding the application of Iraqi law (or, in the alternative, of Texas law) of punitive damages to plaintiffs' claims in this action is Denied for the reasons discussed in my Opinion and Order #528 dated September 13, 2012, at 25-26, n.4, and additionally for the reasons set forth in the opinion of the United States District Court for the Western District of Pennsylvania at Harris v. Kellogg, Brown & Root Servs., 796 F. Supp. 2d 642, 651-668 (W.D. Pa. 2011). (gm)
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Filing 560
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Pretrial Conference held on September 28, 2012 before Judge Paul Papak, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/12/2012. Redaction Request due 10/25/2012. Redacted Transcript Deadline set for 11/5/2012. Release of Transcript Restriction set for 1/3/2013. (Apodaca, Dennis)
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Filing 559
Memorandum in Support of Supplemental Response to Plaintiffs' Exhibit Objection #1. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Response, #550 .) (Harrison, Geoffrey)
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Filing 558
Affidavit of Chanler A. Langham in Support of Motion for Reconsideration of Certain Rulings in the Court's Opinion and Order (dkt no. 545). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Reconsideration, #557 .) (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) (Harrison, Geoffrey)
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Filing 557
Motion for Reconsideration KBR's Motion for Reconsideration of Certain Rulings in the Court's Opinion and Order (dkt No. 545) of Order #545 . Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 556
Memorandum of Authorities Regarding Choice of Law for Punitive Damages Claim. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Attachments: #1 Exhibit Exhibit 1) (Eden, Jeffrey)
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Filing 555
Supplemental Proposed Jury Instructions . Filed by All Plaintiffs. (Sugerman, David)
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Filing 554
Objection to Trial Exhibit Reply in support of plaintiffs' objections to defendants exhibits. Filed by All Plaintiffs. (Sugerman, David)
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Filing 553
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference re: Pretrial Matters held 9/28/12. Rulings made on the record. Order: Setting another Telephone Conference for 10/4/2012 at 9:30AM in Chambers. The Court will initiate the call to counsel. Michael Doyle; David Sugerman; Andrew Chang; Gabriel Hawkins; Patrick Dennis present as counsel for plaintiff(s). Geoffrey Harrison; Warren Harris; Chanler Langham; Jeffrey Eden; J. Hoke Peacock present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (gm)
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Filing 552
Amended Exhibit List KBR Third Amended Trial Exhibit List. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 551
Amended Objection to Trial Exhibit KBR First Amended Objections to Plaintiffs' Trial Exhibits. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 550
Supplemental Response KBR First Supplemental Response to Plaintiffs' Objections to Defendants' Exhibits. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Objection to Trial Exhibit #503 .) (Attachments: #1 Exhibit 1 Signed Farthing Declaration, #2 Appendix DX-514A, #3 Appendix DX-514B) (Harrison, Geoffrey)
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Filing 549
Objection to Trial Exhibit Plaintiffs' First Supplemental Objections to Defendants' Exhibits. Filed by All Plaintiffs. (Dennis, Patrick)
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Filing 548
Response to Motion for Clarification of Rulings on Certain of Plaintiffs' Deposition Designations #543 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 547
Amended Proposed Jury Verdict Form. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 546
Supplemental Proposed Jury Instructions . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 545
OPINION & ORDER: Plaintiffs' objections #499 to Defendants' deposition designations are resolved as discussed (in this order). Signed on 9/27/12 by Magistrate Judge Paul Papak. (gm)
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Filing 543
Motion for Clarification of Rulings on Certain of Plaintiffs' Deposition Designations. Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Attachment Pre-Trial Transcript) (Dennis, Patrick)
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Filing 542
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Pretrial Conference held on 9/18/2012 before Judge Paul Papak, Court Reporter Bonita J. Shumway, telephone number 503-326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/5/2012. Redaction Request due 10/19/2012. Redacted Transcript Deadline set for 10/29/2012. Release of Transcript Restriction set for 12/27/2012. (Shumway, Bonita)
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Filing 544
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Pretrial Conference held 9/18/12. Order: Witnesses will be excluded from the courtroom during trial and as specified on the record. Order: Defendants Motion to Strike Jury Demand and Punitive Damages Claim #539 is Denied. Order: Defendants' Motion In Limine #474 & #484 , Plaintiffs' Motion In Limine #480 and Defendants' Supplemental Motion In Limine #529 are Granted in Part and Denied in Part as specified on the record. Order: As judgment was entered on 7/28/2011, Defendants Halliburton Company and Halliburton Energy Services, Inc. shall not knowingly appear on any further pleadings filed with the court. Order: Setting a Telephone Conference for 9/28/2012 at 9:30AM in Chambers. The Court will initiate the call to the parties. Michael Doyle; David Sugerman; Andrew Chang; Gabriel Hawkins; Patrick Dennis present as counsel for plaintiff(s). Geoffrey Harrison; Warren Harris; Chanler Langham; Jeffrey Eden present as counsel for defendant(s). Court Reporter: Bonita Shumway. (gm)
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Filing 541
Amended Proposed Jury Verdict Form. Filed by All Plaintiffs. (Sugerman, David)
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Filing 540
Memorandum in Support of Defendants' Motion to Strike Jury Demand and Punitive Damages Claim. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion to Strike #539 .) (Eden, Jeffrey)
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Filing 539
Motion to Strike Jury Demand and Punitive Damages Claim. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 538
OPINION & ORDER: Defendants' Motion for Summary Judgment #333 as to Plaintiffs' claims for damages arising out of emotional distress, genetic transformation injury, and the need for medical monitoring is Granted in Part and Denied in Part. Signed on 9/17/12 by Magistrate Judge Paul Papak. (gm)
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Filing 537
ORDER issued by Magistrate Judge Paul Papak: Defendants' Motion for Certification and Amendment of Order and Motion to Stay #521 are Denied. Order: Setting Defendant KBR's Supplemental Motion In Limine #529 on the Oral Argument Calendar of 9/18/2012 at 9:30AM in Courtroom 12-B (at the time set for the pretrial conference). (gm)
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Filing 535
Amended Exhibit List Second Amended Trial Exhibit List. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 534
Declaration of Chanler A. Langham in Support of KBR's Response to Plaintiffs' Objections to Defendants' Exhibits. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Response, #533 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Harrison, Geoffrey) Modified on 9/17/2012 to reflect #7 is an Exhibit not a Supplement) (ecp).
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Filing 533
Response to Plaintiffs' Objections to Defendants' Exhibits. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Objection to Trial Exhibit #503 .) (Harrison, Geoffrey)
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Filing 532
Declaration of Jeffrey S. Eden in Support of KBR Defendants' Response to Plaintiffs' Objections to Defendants' Deposition Designations. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Response, #531 .) (Attachments: #1 Exhibit 1-8, #2 Exhibit 9-16) (Eden, Jeffrey)
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Filing 531
Response to Plaintiffs' Objections to Defendants' Deposition Designations. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Objection #499 .) (Eden, Jeffrey)
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Filing 530
Declaration of Jeffrey S. Eden in Support of Defendant KBR's Supplemental Motions in Limine. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion in Limine #529 .) (Eden, Jeffrey)
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Filing 529
Supplemental Motion in limine . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 528
OPINION & ORDER: Defendants' Motion for Summary Judgment #338 as to whether certain specified Plaintiffs' claims are time-barred under applicable statutes of limitations is Denied. Signed on 9/13/12 by Magistrate Judge Paul Papak. (gm)
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Filing 527
Response in Opposition to Motion for Order for Certification and Amendment of Order (Expedited) Motion for Stay #521 . Filed by All Plaintiffs. (Sugerman, David)
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Filing 526
Supplemental Memorandum in Support of Defendants' Motion for Stay. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Order, Motion for Stay,, #521 .) (Eden, Jeffrey)
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Filing 536
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 9/10/12. Order: The parties will have until 3:00PM on 9/12/2012 to complete briefing concerning Defendants' Expedited Motion for Certification and Amendment of Order Under 28 USC 1292(B) and Motion for Stay #521 . David Sugerman; Michael Doyle present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Kurt Hamrock present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 525
Order Granting Application for Special Admission Pro Hac Vice of Warren W. Harris for KBR Technical Services, Inc.,Warren W. Harris for KBR, Inc.,Warren W. Harris for Kellogg, Brown & Root Service, Inc.,Warren W. Harris for Matt Kuhnel,Warren W. Harris for Overseas Administration Services, Ltd.,Warren W. Harris for Service Employees International, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-3024689 issued. Signed on 9/10/2012 by Magistrate Judge Paul Papak. (ecp)
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Filing 524
ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference for 9/10/2012 at 3:00PM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 523
Amended Exhibit List Plaintiff's Third Amended Exhibit List. Filed by All Plaintiffs. (Dennis, Patrick)
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Filing 522
Memorandum in Support . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Order, Motion for Stay,, #521 .) (Eden, Jeffrey)
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Filing 521
Motion for Order for Certification and Amendment of Order (Expedited), Motion for Stay . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 520
Motion for Leave to Appear Pro Hac Vice for Attorney Warren W. Harris . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3024689. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 519
Supplemental Objection(s) Plaintiffs' First Supplemental Objections to Defendants Deposition Designations. (Dennis, Patrick)
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Filing 518
Supplemental Designation of Deposition Testimony Fifth Supplemental Designation of Deposition Testimony, Proffers of Robert Reeves. Filed by All Plaintiffs. (Attachments: #1 Exhibit Amended Proffer of Robert Reeves, Deposition March 1, 2011, #2 Exhibit Proffer of Robert Reeves, Deposition August 17, 2012) (Dennis, Patrick)
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Filing 517
Order Granting Application for Special Admission Pro Hac Vice of Andrew N. Chang for Jason Arnold,Andrew N. Chang for Scott Ashby,Andrew N. Chang for Rocky Bixby,Andrew N. Chang for Ronald Bjerklund,Andrew N. Chang for Jason Blain,Andrew N. Chang for James Borja,Andrew N. Chang for Jesus Bruno,Andrew N. Chang for Colt Campredon,Andrew N. Chang for Charles Ellis,Andrew N. Chang for Devon Fields,Andrew N. Chang for Stephen Foster,Andrew N. Chang for Adanrolando Garcia,Andrew N. Chang for Byron Greer,Andrew N. Chang for Matthew Hadley,Andrew N. Chang for Kelly Hafer,Andrew N. Chang for Brian Hedin,Andrew N. Chang for Leslie Ing,Andrew N. Chang for Dennis Jewell,Andrew N. Chang for Randy Keiper,Andrew N. Chang for Matt Kuhnel,Andrew N. Chang for Richard Lawrence,Andrew N. Chang for Jay Louisiana,Andrew N. Chang for James McGowan,Andrew N. Chang for Stephen Mueller,Andrew N. Chang for Vito Pacheco,Andrew N. Chang for Lawrence Roberta,Andrew N. Chang for Dennis Rosgen,Andrew N. Chang for John Rydquist,Andrew N. Chang for Charles Seamon,Andrew N. Chang for Aaron St. Clair,Andrew N. Chang for Kevin Stanger,Andrew N. Chang for Kevin Wilson,Andrew N. Chang for Donald Yeargin. Application Fee in amount of $100 collected. Receipt No. 0979-3021289 issued. Signed on 9/6/2012 by Magistrate Judge Paul Papak. (ecp)
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Filing 514
Witness List . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 513
Motion for Leave to Appear Pro Hac Vice for Attorney Andrew N Chang . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3021289. Filed by All Plaintiffs. (Sugerman, David)
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Filing 516
Declaration of Chanler A. Langham in Support of Defendants' Objections to Plaintiffs' Motions in Limine, (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Response to Motion, (FILED UNDER SEAL),, #515 .) (Attachments: #1 Exhibit Exhibits 1 thru 12 ( of 20 ).pdf, #2 Exhibit Exhibits 13 thru 20 ( of 20 ).pdf) (ecp)
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Filing 515
Defendants' Objections to Plaintiffs' Motion in Limine, (FILED UNDER SEAL) #480 , (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (ecp)
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Filing 512
OPINION & ORDER: Denying Defendants' Motion for Summary Judgment #344 . Signed on 9/4/12 by Magistrate Judge Paul Papak. (gm)
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Filing 510
Witness List Rebuttal witnesses. Filed by All Plaintiffs. (Sugerman, David)
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Filing 509
Amended Witness List . Filed by All Plaintiffs. (Sugerman, David)
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Filing 511
Exhibit 4 to Plaintiffs' Objections to Defendants' Deposition Designations #499 , (FILED UNDER SEAL). Filed by All Plaintiffs. (ecp)
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Filing 508
Declaration of Chanler A. Langham in Support of Defendants' Objections to Plaintiffs' Motions in Limine #480 (Filed Under Seal). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey) (Modified on 9/10/2012 to add docket number for Motions in Limine (ecp).
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Filing 507
Objection(s) to Plaintiffs' Motions In Limine #480 (Filed Under Seal). (Eden, Jeffrey) Modified on 9/10/2012 to add docket number for Motions in Limine (ecp).
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Filing 506
Objection(s) to Plaintiffs' Deposition Designations. (Eden, Jeffrey)
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Filing 505
Objection(s) to Plaintiffs' Trial Exhibits. (Eden, Jeffrey)
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Filing 504
OPINION & ORDER: Granting in Part and Denying in Part Defendants' Motion for Summary Judgment #204 . Signed on 8/31/12 by Magistrate Judge Paul Papak. (gm)
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Filing 503
Objection to Trial Exhibit Plaintiffs' Objections to Defendants' Exhibits. Filed by All Plaintiffs. (Dennis, Patrick)
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Filing 502
Declaration of Gabriel Hawkins . Filed by All Plaintiffs. (Related document(s): Response to Motion #501 .) (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) (Sugerman, David)
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Filing 501
Response to Motion in Limine, (FILED UNDER SEAL),, #484 oral argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 500
Declaration of Gabriel Hawkins in support of plaintiffs' objections to defendants' deposition testimony. Filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (filed under seal)) (Sugerman, David)
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Filing 499
Objection(s) to defendants's deposition designations. (Sugerman, David)
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Filing 498
Proposed Jury Verdict Form. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 497
Amended Exhibit List Second Amended Exhibit List. Filed by All Plaintiffs. (Dennis, Patrick)
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Filing 496
Proposed Jury Instructions from all parties. Filed by All Plaintiffs. (Sugerman, David)
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Filing 495
Amended Designation of Deposition Testimony . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 494
Proposed Jury Verdict Form. Filed by All Plaintiffs. (Sugerman, David)
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Filing 493
OPINION & ORDER: Plaintiffs' motion #252 to exclude testimony of Paolo Zannetti, plaintiffs' motion #260 to exclude testimony of Barbara Beck, defendants' motion #301 to exclude testimony of Jim Tan, defendants' motion #308 to exclude testimony of Herman Gibb, and defendants' motion #311 to exclude the testimony of Arch Carson regarding causation are each Denied, and defendants' motion #305 to exclude the testimony of Arch Carson regarding genetic transformation injury, remote exposure injury, and the need for medical monitoring is Granted as to Carson's opinion that genetic transformation injury may persist to the present and regarding the consequent need for medical monitoring, and otherwise Denied. Signed on 8/29/12 by Magistrate Judge Paul Papak. (gm)
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Filing 492
OPINION & ORDER: Defendants' Renewed Motion to Dismiss for Lack of Subject-Matter Jurisdiction #340 is Denied. Signed on 8/29/12 by Magistrate Judge Paul Papak. (gm)
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Filing 491
ORDER issued by Magistrate Judge Paul Papak: Resetting the Pretrial Conference, including oral argument on any pending motions in limine, from 9/17/2012 at 9:30AM to 9/18/2012 at 9:30AM in Judge Papak's Courtroom. (gm)
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Filing 490
Amended Exhibit List . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 489
Proposed Voir Dire Questions. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 488
Voir Dire . Filed by All Plaintiffs. (Sugerman, David)
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Filing 487
Fourth Designation of Deposition Testimony Amended Proffers of John Resta, Michael Remington, Robert Reeves, and Mark Lovell (counter-designation). Filed by All Plaintiffs. (Attachments: #1 Exhibit Amended Proffer of John Resta, #2 Exhibit Amended Proffer of Michael Remington, #3 Exhibit Amended Proffer of Robert Reeves, #4 Exhibit Amended Counter-Designation of Mark Lovell) (Dennis, Patrick)
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Filing 486
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding KBR Defendant's Motion in Limine, (FILED UNDER SEAL),, #484 filed by Overseas Administration Services, Ltd., KBR, Inc., Kellogg, Brown & Root Service, Inc., KBR Technical Services, Inc., Service Employees International, Inc.. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record:The incorrect file date was listed on the docket of August 17, 2012. KBR's Motion in Limine (FILED UNDER SEAL) was filed on August 20, 2012. The date has been corrected on the docket. (ecp)
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Filing 485
OPINION & ORDER: Plaintiffs' Motion to Compel and for Sanctions #287 and Defendants' Request for Imposition of Sanctions against Plaintiffs #315 are each Denied. Signed on 8/22/12 by Magistrate Judge Paul Papak. (gm)
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Filing 484
KBR Defendants' Motion in limine, (FILED UNDER SEAL). Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (ecp) Modified to correct file daton 8/23/2012 (ecp).
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Filing 483
Witness Statement . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 482
Trial Memorandum . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 481
Witness List . Filed by All Plaintiffs. (Sugerman, David)
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Filing 479
Trial Memorandum . Filed by All Plaintiffs. (Sugerman, David)
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Filing 478
Statement of economic damages . Filed by All Plaintiffs. (Sugerman, David)
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Filing 477
Supplemental Designation of Deposition Testimony Supplemental Proffer of Lt. Col. James Gentry. Filed by All Plaintiffs. (Attachments: #1 Exhibit Supplemental Proffer of Lt. Col. James Gentry) (Dennis, Patrick)
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Filing 476
ORDER issued by Magistrate Judge Paul Papak: Setting Defendant KBR's Motion In Limine #474 on the Oral Argument Calendar of 9/17/2012 at 9:30AM in Judge Papak's Courtroom before Magistrate Judge Paul Papak (at the time set for the pretrial conference). (gm)
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Filing 475
Declaration of Chanler A. Langham in Support of KBR Defendants' Motion in Limine. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion in Limine, #474 .) (Attachments: #1 Exhibit 1 (Filed Separately Under Seal), #2 Exhibit 2 (Filed Separately Under Seal)) (Harrison, Geoffrey)
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Filing 474
Motion in limine (Redacted Version). Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 473
Designation of Deposition Testimony KBR's Deposition Counter-Designations. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 472
Exhibit List KBR's Trial Exhibit List. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 471
ORDER issued by Magistrate Judge Paul Papak: Further proceedings in connection with defendants' petition #323 for attorney fees and costs are STAYED until further notice. Order: For reasons discussed on the record in connection with oral argument held June 20 and June 21, 2012, defendants' motion #255 to exclude testimony of plaintiffs' expert witness Jim Tarr and plaintiffs' motion #404 to exclude testimony of defendants' expert witnesses Paolo Zannetti and Barbara Beck are each DENIED, and defendants' motion #445 for leave of court to serve supplemental reports of witnesses Zannetti and Beck is GRANTED nunc pro tunc. The supplemental expert reports of Zannetti and Beck are deemed timely provided to plaintiffs. (gm)
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Filing 470
ORDER issued by Magistrate Judge Paul Papak: Docket Entry 468 regarding a sealed document was entered in error. The Clerk is directed to Strike Docket Entry 468 and properly re-docket the Motion In Limine as a sealed document submitted in accordance with the protective order in this case. (gm)
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Filing 469
Amended Exhibit List . Filed by All Plaintiffs. (Sugerman, David)
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Filing 467
Counter Designation of Deposition Testimony Anticipated to be Used at Trial. Filed by All Plaintiffs. (Attachments: #1 Exhibit Counter Proffer - Adanrolando Garcia, #2 Exhibit Counter Proffer - Devin Fields, #3 Exhibit Counter Proffer - Donald Yeargin, #4 Exhibit Counter Proffer - James Borja, #5 Exhibit Counter Proffer - Jesus Bruno, #6 Exhibit Counter Proffer - John Rydquist, #7 Exhibit Counter Proffer - Kevin Wilson, #8 Exhibit Counter Proffer - Leon Cater, #9 Exhibit Counter Proffer - Leslie Ing, #10 Exhibit Counter Proffer - Mark Brandt, #11 Exhibit Counter Proffer - Dr. Mark Lovell, #12 Exhibit Counter Proffer - Matthew Kuhnel, #13 Exhibit Counter Proffer - Randy Keiper, #14 Exhibit Counter Proffer - Richard Jenkins, #15 Exhibit Counter Proffer - Richard Lawrence, #16 Exhibit Counter Proffer - Scott Ashby, #17 Exhibit Counter Proffer - Stephen Mueller, #18 Exhibit Counter Proffer - William Van Ostrand) (Dennis, Patrick)
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Filing 480
Plaintiff's Motion in limine, (FILED UNDER SEAL). Oral Argument requested. Filed by All Plaintiffs. (ecp)
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Filing 466
Designation of Deposition Testimony . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 465
Supplemental Designation of Deposition Testimony (2nd Supplemental). Filed by All Plaintiffs. (Attachments: #1 Exhibit Amended Proffer of Deposition Testimony of KBR employee Charles Adams) (Doyle, Michael)
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Filing 464
Supplemental Designation of Deposition Testimony (Shortned Proffers) Anticipated to be Used at Trial. Filed by All Plaintiffs. (Attachments: #1 Exhibit Proffer of Charles Johnson - Amended, #2 Exhibit Proffer of Cheryl Hodge-Snead - Amended, #3 Exhibit Proffer of Christopher Kennedy - Amended, #4 Exhibit Proffer of Douglas Fletcher - Amended, #5 Exhibit Proffer of Edmond Rea - Amended, #6 Exhibit Proffer of Edward Blacke - Amended, #7 Exhibit Proffer of Herb Myers - Amended, #8 Exhibit Proffer of Jack Alvarez - Amended, #9 Exhibit Proffer of Jerome Balcom- Amended, #10 Exhibit Proffer of John Weatherly - Amended, #11 Exhibit Proffer of Johnny Morney - Amended, #12 Exhibit Proffer of Kailish Singal - Amended, #13 Exhibit Proffer of Kuo Tseng - Amended, #14 Exhibit Proffer of Mark Daniels - Amended, #15 Exhibit Proffer of Mary Wade - Amended, #16 Exhibit Proffer of Michael Remington - Amended, #17 Exhibit Proffer or Robert Reeves - Amended, #18 Exhibit Proffer of Rod Kimbro - Amended, #19 Exhibit Proffer of Sudhir Desai - Amended) (Dennis, Patrick)
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Filing 463
Amended Exhibits docket #461-26 Christopher Kennedy re Exhibit List #462 . Filed by All Plaintiffs. (Sugerman, David)
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Filing 462
Exhibit List . Filed by All Plaintiffs. (Doyle, Michael)
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Filing 461
Designation of Deposition Testimony Anticipated to be Used at Trial. Filed by All Plaintiffs. (Attachments: #1 Exhibit Deposition Proffer of KBR employee Young Lee, #2 Exhibit Proffer of Deposition of KBR employee William Van Ostrand, #3 Exhibit Proffer of Deposition of Halliburton employee William Bedman, #4 Exhibit Proffer of former KBR employee Rod Kimbro, #5 Exhibit Proffer of Deposition of former KBR employee Robert Reeves, #6 Exhibit Proffer of Deposition of former Army employee Gen. Robert Crear, #7 Exhibit Proffer of Deposition Testimony of former KBR employee Ralph Stephenson, #8 Exhibit Proffer of Deposition Testimony of Army COE employee Michael Remington, #9 Exhibit Proffer of Deposition Testimony of KBR employee Mary Wade, #10 Exhibit Proffer of Deposition Testimony of KBR employee Mark Daniels, #11 Exhibit Proffer of Deposition Testimony of Kuo Tseng, #12 Exhibit Proffer of Deposition Testimony of Kishore Atit, #13 Exhibit Proffer of Deposition Testimony of KBR employee Kailash Singal, #14 Exhibit Proffer of Deposition Testimony of former KBR employee Johnny Morney, #15 Exhibit Proffer of Deposition Testimony of fomer ARMY COE employee John Weatherly, #16 Exhibit Proffer of Deposition Testimony of Army employee John Resta, #17 Exhibit Proffer of Deposition Testimony of Army COE employee Jerome Balcolm, #18 Exhibit Proffer of Deposition Testimony of Lt. Col. James Gentry (deceased), #19 Exhibit Proffer of Deposition Testimony of former KBR employee Jack Alvarez, #20 Exhibit Proffer of Deposition Testimony of KBR employee Gregory Badgett, #21 Exhibit Proffer of former KBR employee Ed Blacke, #22 Exhibit Proffer of Deposition Testimony of former KBR employee Edmond Rea, #23 Exhibit Proffer of Deposition Testimony of former KBR employee Dr. Sudhir Desai, #24 Exhibit Proffer of Deposition Testimony of Haliburton employee Dr. Robert Conte, #25 Exhibit Proffer of Deposition Testimony of former KBR employee Douglas Fletcher, #26 Exhibit Proffer of Deposition Testimony of Army COE employee Christopher Kennedy, #27 Exhibit Proffer of Deposition Testimony of KBR employee/representative Chris Heinrich, #28 Exhibit Proffer of Deposition Testimony of former Army COE employee Cheryl Hodge-Snead, #29 Exhibit Proffer of Deposition Testimony of KBR employee Charles Johnson, #30 Exhibit Proffer of Deposition Testimony of KBR employee Charles Adams, #31 Exhibit Proffer of Deposition Testimony of Anthony Watters (UK resident and McManaway plaintiff), #32 Exhibit Proffer of Deposition Testimony of KBR employee Herb Myers) (Doyle, Michael)
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Filing 460
Response in Opposition to Motion to Dismiss for Lack of Jurisdiction KBR Defendants' Renewed Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure #340 Oral Argument requested. Filed by All Plaintiffs. (Hawkins, Gabriel)
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Filing 459
Declaration of Gabriel A. Hawkins. Filed by All Plaintiffs. (Related document(s): Motion to Dismiss/Lack of Jurisdiction, #340 .) (Attachments: #1 Exhibit PLs EX 1 - Depo Excerpt of Crear, #2 Exhibit PLs Ex 2 - Depo Excerpt of Remington, #3 Exhibit PLs Ex 3 - Depo Excerpt of Weatherly) (Hawkins, Gabriel)
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Filing 458
Notice re Motion to Dismiss/Lack of Jurisdiction, #340 KBR Notice of Supplemental Authority in Support of Defendants' Renewed Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc. (Related document(s): Motion to Dismiss/Lack of Jurisdiction, #340 .) (Attachments: #1 Supplement Harris v. KBR Opinion July 13, 2012) (Harrison, Geoffrey)
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Filing 457
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 7/12/12. Order: KBR Defendants' Motion for Summary Judgment re: Causation and Certificate of Compliance with L.R. 7-1 #204 , KBR Defendants' Motion for Summary Judgment re: Plaintiffs' Claims for Mental Anguish, Medical Monitoring and Genetic Transformation Injury #333 , KBR Defendants' Motion for Summary Judgment re: Statute of Limitations #338 , KBR Defendants' Renewed Rule 12 Motion to Dismiss #340 and KBR Defendants' Motion for Summary Judgment re: Fraud and Negligence #344 are taken under advisement as of 7/12/2012. David Sugerman; Michael Doyle; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Kurt Hamrock; Chanler Langham present as counsel for defendant(s). Court Reporter: Jill Erwin. (gm)
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Filing 456
Exhibits 3-6 to Declaration of Jeffrey S. Eden in Support of KBR's Response to Plaintiffs' Notice of Additional Authority, #454 , (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (ecp)
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Filing 455
KBR's Response to Plaintiffs' Notice of Additional Authority, (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Notice, #410 .) (ecp)
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Filing 454
Declaration of Jeffrey S. Eden in Support of KBR's Response to Plaintiffs' Notice of Additional Authority. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Notice, #410 .) (Eden, Jeffrey)
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Filing 453
Response to Plaintiffs' Notice of Additional Authority. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Notice, #410 .) (Eden, Jeffrey)
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Filing 452
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Daubert Hearing/Oral Argument - Day 2 held on 6/21/2012 before Judge Paul Papak, Court Reporter Bonita J. Shumway, telephone number (503)326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/9/2012. Redaction Request due 7/23/2012. Redacted Transcript Deadline set for 8/2/2012. Release of Transcript Restriction set for 10/1/2012. (Shumway, Bonita)
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Filing 451
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Daubert Hearing/Oral Argument - Day 1 held on 6/20/2012 before Judge Paul Papak, Court Reporter Bonita J. Shumway, telephone number (503)326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/9/2012. Redaction Request due 7/23/2012. Redacted Transcript Deadline set for 8/2/2012. Release of Transcript Restriction set for 10/1/2012. (Shumway, Bonita)
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Filing 450
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Day 2 of Daubert Hearing/Oral Argument held 6/21/12. Witnesses sworn: Dr. Barbara Beck; Dr. Paulo Zannetti; Dr. Patricia Norris; Dr. David Weill. Order: Plaintiffs' Motion to Exclude the Testimony of Defendants' Expert Dr. Paolo Zannetti #252 , Defendant KBR's Motion to Exclude and for Sanctions Re: Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit #255 , Plaintiffs' Motion to Exclude the Expert Testimony of Dr. Barbara Beck #260 , Plaintiffs' Motion to Compel #287 , Plaintiffs' Motion for Sanctions #287 , Defendant KBR's Motion to Exclude Testimony of Plaintiffs' Expert Jim Tarr #301 , Defendant KBR's Motion to Exclude Dr. Arch Carson's Testimony Re: Injury #305 , Defendant KBR's Motion to Exclude Testimony of Dr. Herman Gibb #308 , Defendant KBR's Motion to Exclude Dr. Arch Carson's Testimony Re: Causation #311 , Plaintiffs' Motion to Exclude and for Sanctions Re: Dr. Zannetti's and Dr. Beck's Seven-months Tardy Supplemental Reports #404 and Defendant KBR's Motion for Leave to Serve Supplemental Expert Reports for Dr. Zannetti and Dr. Beck #445 are taken under advisement as of 6/21/2012. David Sugerman; Michael Doyle; Gabriel Hawkins; Patrick Dennis present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Trey Peacock present as counsel for defendant(s). Court Reporter: Bonita Shumway. (gm)
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Filing 449
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Day 1 of Daubert Hearing/Oral Argument held 6/20/12. Witnesses sworn: Dr. Herman Gibb; James Tarr; Dr. Arch Carson. Order: Daubert Hearing/Oral Argument continued to 6/21/2012 at 8:30AM in Courtroom 10-B. David Sugerman; Michael Doyle; Gabriel Hawkins; Patrick Dennis present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Trey Peacock present as counsel for defendant(s). Court Reporter: Bonita Shumway. (gm)
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Filing 446
Memorandum in Support of Motion for Leave to Serve Supplemental Expert Reports for Dr. Zannetti and Dr. Beck. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Leave, #445 .) (Eden, Jeffrey)
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Filing 445
Motion for Leave to Serve Supplemental Expert Reports for Dr. Zannetti and Dr. Beck. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 444
Declaration of Jeffrey S. Eden . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Response in Opposition to Motion, #443 .) (Attachments: #1 Exhibit 1, 2 and 3) (Eden, Jeffrey)
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Filing 443
Response in Opposition to Motion to Strike Exclude and for FRCP 37 Sanctions re Dr. Zannetti's and Dr. Beck's Seven-Months Tardy Supplemental Reports #404 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 442
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Reply to Motion, #440 Declaration, #441 ,Declaration, #439 and Reply to Motion, #438 filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The filer was listed as All Defendants and has been corrected to filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (ecp)
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Filing 448
Exhibit 43 to Declaration of Kurt J. Hamrock in Support of Defendants' Renewed Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure #441 , (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (ecp)
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Filing 447
Exhibit 78 to Affidavit of Chanler A. Langham in Support of KBR's Reply in Further Support of Motion for Summary Judgment on the Statute of Limitations #435 , (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (ecp)
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Filing 441
Declaration of Kurt J. Hamrock . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc... (Related document(s): Reply to Motion, #440 .) (Attachments: #1 Exhibit Exhibits 5A, 25A, 28A, 40A, 42 (Exhibit 43 Filed Under Seal)) (Eden, Jeffrey) Modified on 6/18/2012 (ecp).
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Filing 440
Reply to Motion to Dismiss for Lack of Jurisdiction KBR Defendants' Renewed Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure #340 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc... (Eden, Jeffrey) Modified on 6/18/2012 (ecp).
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Filing 439
Declaration of Jeffrey S. Eden . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc..(Related document(s): Reply to Motion #438 .) (Eden, Jeffrey) Modified on 6/18/2012 (ecp).
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Filing 438
Reply to Motion for Order Defendants' Petition for Fees and Costs in Accordance with the Court's December 20, 2011 Opinion and Order #323 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey) Modified on 6/18/2012 (ecp).
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Filing 437
Affidavit of Chanler A. Langham in Support of KBR's Reply in Further Support of Motion for Summary Judgment on Fraud and Negligence. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Reply to Motion, #436 .) (Attachments: #1 Exhibit 58, #2 Exhibit 59, #3 Exhibit 60, #4 Exhibit 61, #5 Exhibit 62, #6 Exhibit 63, #7 Exhibit 64, #8 Exhibit 65, #9 Exhibit 66) (Harrison, Geoffrey)
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Filing 436
Reply in Further Support of to Motion for Partial Summary Judgment KBR's Motion for Summary Judgment re Fraud and Negligence #344 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 435
Affidavit of Chanler A. Langham in Support of KBR's Reply in Further Support of Motion for Summary Judgment on the Statute of Limitations. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Reply to Motion, #434 .) (Attachments: #1 Exhibit 78 Filed Separately Under Seal, #2 Exhibit 79, #3 Exhibit 80, #4 Exhibit 81, #5 Exhibit 82, #6 Exhibit 83, #7 Exhibit 84, #8 Exhibit 85, #9 Exhibit 86, #10 Exhibit 87, #11 Exhibit 88, #12 Exhibit 89, #13 Exhibit 90, #14 Exhibit 91, #15 Exhibit 92, #16 Exhibit 93, #17 Exhibit 94, #18 Exhibit 95, #19 Exhibit 96, #20 Exhibit 97, #21 Exhibit 98, #22 Exhibit 99, #23 Exhibit 100, #24 Exhibit 101, #25 Exhibit 102, #26 Exhibit 103, #27 Exhibit 104, #28 Exhibit 105, #29 Exhibit 106) (Harrison, Geoffrey)
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Filing 434
Reply in Further Support of Motion for Summary Judgment on the Statute of Limitations to Motion for Summary Judgment on the Statute of Limitations #338 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 433
Affidavit of Johnny W. Carter in Support of KBR's Reply in Further Support of Submission of New Evidence on Motion for Summary Judgment re Causation. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Reply, #432 .) (Attachments: #1 Exhibit 39, #2 Exhibit 40, #3 Exhibit 41) (Harrison, Geoffrey)
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Filing 432
Reply in Further Support of Submission of New Evidence on Motion for Summary Judgment re Causation. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Summary Judgment, #333 , Memorandum in Support, #336 .) (Harrison, Geoffrey)
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Filing 431
Affidavit of Johnny W. Carter in Support of KBR's Reply in Further Support of Motion for Summary Judgment on Mental Anguish, Medical Monitoring and Genetic Transformation Injury. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Reply to Motion,, #430 .) (Attachments: #1 Exhibit 15) (Harrison, Geoffrey)
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Filing 430
Reply in Further Support of Motion for Summary Judgment on Mental Anguish, Medical Monitoring and Genetic Transformation Injury to Third Motion for Summary Judgment re Plaintiffs' Claims for Mental Anguish, Medical Monitoring, and Genetic Transformation Injury #333 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 429
Affidavit of Johnny W. Carter in Support of KBR's Reply in Support of Motion to Exclude Plaintiffs' Expert Dr. Arch Carson's Testimony Re Genetic Transformation Injury, Remote Exposure Injury, and Medical Monitoring. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Reply to Motion,, #428 .) (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6) (Harrison, Geoffrey)
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Filing 428
Reply in Further Support of Motion to Exclude Plaintiffs' Expert Dr. Arch Carson's Testimony Re Genetic Transformation Injury, Remote Exposure Injury, and Medical Monitoring to Motion to Strike Exclude Dr. Arch Carson's Testimony re Genetic Transformation Injury, Remote Exposure Injury, and Medical Monitoring #305 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 427
Exhibit 19 Affidavit of Johnny W. Carter in Support of KBR's Reply in Further Support of Motion to Exclude the Testimony of Plaintiffs' Expert Dr. Arch Carson re Causation #421 . (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (ecp)
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Filing 426
Exhibit 18 to Affidavit of Johnny W. Carter in Support of KBR's Reply in Further Support of Motion to Exclude the Testimony of Plaintiffs' Expert Dr. Arch Carson re Causation #421 . (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (ecp)
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Filing 425
Exhibit 17 to Affidavit of Johnny W. Carter in Support of KBR's Reply in Further Support of Motion to Exclude the Testimony of Plaintiffs' Expert Dr. Arch Carson re Causation #421 . (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (ecp)
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Filing 421
Affidavit of Johnny W. Carter in Support of KBR's Reply in Further Support of Motion to Exclude the Testimony of Plaintiffs' Expert Dr. Arch Carson re Causation. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Reply to Motion, #420 .) (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17-19 Filed Separately Under Seal, #7 Exhibit 20, #8 Exhibit 21, #9 Exhibit 22, #10 Exhibit 23, #11 Exhibit 24) (Harrison, Geoffrey)
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Filing 420
Reply in Further Support of Motion to Exclude Testimony of Plaintiffs' Expert Dr. Arch Carson re Causation to Motion to Strike Exclude Dr. Arch Carson's Testimony re Causation #311 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 424
Exhibit 19 to Declaration of Johnny W. Carter in Support of KBR's Reply in Support of Motion to Exclude the Testimony of Plaintiffs' Expert Dr. Herman Gibb #417 , (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc.. (ecp)
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Filing 423
Exhibit 16 to Declaration of Johnny W. Carter in Support of KBR's Reply in Support of Motion to Exclude the Testimony of Plaintiffs' Expert Dr. Herman Gibb #417 , (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc.. (ecp)
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Filing 422
Exhibit 15 to Declaration of Johnny W. Carter in Support of KBR's Reply in Support of Motion to Exclude the Testimony of Plaintiffs' Expert Dr. Herman Gibb #417 , (FILED UNDER SEAL). Filed by KBR Technical Services, Inc., KBR, Inc.. (ecp)
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Filing 419
Affidavit of Jordan Connors in Support of KBR's Reply in Support of Motion to Exclude Testimony of Plaintiffs' Expert Jim Tarr About Toxicology and Air Sampling Opinions That Are Not His Own. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Reply to Motion,, #418 .) (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7) (Harrison, Geoffrey)
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Filing 418
Reply in Support of Motion to Exclude Testimony of Plaintiffs' Expert Jim Tarr About Toxicology and Air Sampling Opinions That Are Not His Own to Motion to Strike Testimony of Plaintiffs' Expert Jim Tarr About Toxicology and Air Sampling Opinions That Are Not His Own #301 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 417
Affidavit of Johnny W. Carter in Support of KBR's Reply in Support of Motion to Exclude the Testimony of Plaintiffs' Expert Dr. Herman Gibb. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Reply to Motion, #416 .) (Attachments: #1 Exhibit 10, #2 Exhibit 11, #3 Exhibit 12, #4 Exhibit 13, #5 Exhibit 14, #6 Exhibit 15 Filed Separately Under Seal, #7 Exhibit 16 Filed Separately Under Seal, #8 Exhibit 17, #9 Exhibit 18, #10 Exhibit 19 Filed Separately Under Seal) (Harrison, Geoffrey)
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Filing 416
Reply in Support of Motion to Exclude Testimony of Plaintiffs' Expert Dr. Herman Gibb to Motion to Strike Exclude Testimony of Dr. Herman Gibb #308 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 415
Reply in Support of KBR's Further Evidence in Support of Motion to Exclude and for FRCP 37(c)(1) Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Brief, #304 .) (Harrison, Geoffrey)
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Filing 414
ORDER issued by Magistrate Judge Paul Papak: Granting Defendant KBR's unopposed E-mail Request dated 6/7/12 for extension of time as follows: KBR's reply to motions #255 , #301 & #308 due 6/8/2012. KBR's reply to motion #311 due 6/11/2012. KBR's reply to motion #305 due 6/12/2012. (gm)
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Filing 413
Exhibit 1 to Plaintiffs' Notice of Additional Authority in Opposition to Defendants' Motions for Summary Judgment (unredacted version) re Notice (FILED UNDER SEAL), #412 , (FILED UNDER SEAL). Filed by All Plaintiffs. (ecp)
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Filing 412
Plaintiffs' Notice of Additional Authority in Opposition to Defendants' Motions for Summary Judgment (unredacted version)(FILED UNDER SEAL). Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment, #344 .) (ecp)
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Filing 411
Declaration of Gabriel A. Hawkins. Filed by All Plaintiffs. (Related document(s): Notice, #410 .) (Attachments: #1 Exhibit PLs Ex 1 - FILED UNDER SEAL COVER PAGE) (Hawkins, Gabriel)
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Filing 410
Notice re Motion for Partial Summary Judgment, #344 Plaintiffs' Additional Authority in Opposition to Defendants' Motions for Summary Judgment [#344] Filed by All Plaintiffs (Related document(s): Motion for Partial Summary Judgment, #344 .) (Hawkins, Gabriel)
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Filing 409
Declaration of David Sugerman . Filed by All Plaintiffs. (Related document(s): Response to Motion, #408 .) (Attachments: #1 Exhibit #1, #2 Exhibit #2, #3 Exhibit #3) (Sugerman, David)
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Filing 408
Response in opposition to Motion for Order Defendants' Petition for Fees and Costs in Accordance with the Court's December 20, 2011 Opinion and Order #323 oral argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 407
ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiffs' Motion to Exclude and for FRCP 37 Sanctions re Dr. Zannetti and Dr. Beck's Seven-Months Tardy "Supplemental" Reports #404 on the Oral Argument Calendar of 6/20/2012 at 9:00AM in Courtroom 10-B (at the time set for the Daubert hearing). (gm)
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Filing 406
Declaration of Patrick Dennis in Support of Plaintiff's Motion to Exclude and for Rule 37 Sanctions re Dr. Zannetti's and Dr. Beck's Seven-Months Tardy Supplemental Reports. Filed by All Plaintiffs. (Related document(s): Motion to Strike #404 .) (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2, #3 Exhibit 2, Part 1, #4 Exhibit 2, Part 2, #5 Exhibit 2, Part 3, #6 Exhibit 2, Part 4, #7 Exhibit 3, #8 Exhibit 4) (Dennis, Patrick)
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Filing 405
Plaintiff's Memorandum in Support Motion to Exclude and for FRCP 37 Sanctions re Dr. Zannetti's and Dr. Beck's Seven-Months Tardy Supplemental Report. Filed by All Plaintiffs. (Related document(s): Motion to Strike #404 .) (Dennis, Patrick)
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Filing 404
Motion to Strike Exclude and for FRCP 37 Sanctions re Dr. Zannetti's and Dr. Beck's Seven-Months Tardy Supplemental Reports. Oral Argument requested. Filed by All Plaintiffs. (Dennis, Patrick)
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Filing 403
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiffs' Unopposed Motion to Seal Document (#379) #402 pursuant to the parties' Amended Stipulated Protective Order #245 . (gm)
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Filing 402
Unopposed Motion to Seal filing [#379]. Filed by All Plaintiffs. (Attachments: #1 Attachment [#245] Amended Stipulated Protective Order) (Hawkins, Gabriel)
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Filing 401
Exhibits 3 & 14 to the Declaration of Gabriel Hawkins (#380 ). (FILED UNDER SEAL). Filed by All Plaintiffs. (eo)
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Filing 400
Exhibits 1, 2, 6, 9, & 10 to the Declaration of Gabriel A. Hawkins (#378 ). (FILED UNDER SEAL). Filed by All Plaintiffs. (eo)
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Filing 399
Exhibits 18 & 28 to the Declaration of David F. Sugerman in support of plaintiffs' opposition to defendants' motion for summary judgment on the statute of limitations (#386 ). (FILED UNDER SEAL). Filed by All Plaintiffs. (eo)
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Filing 398
Exhibits 11 to the Declaration of David F. Sugerman in support of plaintiffs' opposition to defendants' motion for summary judgment re: fraud and negligence (#384 ). (FILED UNDER SEAL). Filed by All Plaintiffs. (eo)
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Filing 397
Exhibits 6 & 7 to the Declaration of David F. Sugerman in support of plaintiffs' opposition to defendants' motion for summary judgment re: plaintiffs' claims for mental anguish, medical monitoring and genetic transformation injury (#382 ). (FILED UNDER SEAL). Filed by All Plaintiffs. (eo)
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Filing 396
Declaration of Stephen Mueller in oppositon to defendants' motion for summary judgment on the statute of limitations. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #385 .) (Sugerman, David)
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Filing 395
Declaration of Kevin Wilson in opposition to defendants' motion for summary judgment on the statute of limitations. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #385 .) (Sugerman, David)
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Filing 394
Declaration of Rocky Bixby in opposition to defendants' motion for summary judgment on the statute of limitations. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #385 .) (Sugerman, David)
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Filing 393
Declaration of Leslie Keola Ing in opposition to defendants' motion for summary judgment on statute of limitations. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #385 .) (Sugerman, David)
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Filing 392
Declaration of Lawrence Roberta in opposition to defendants' motion for summary judgment on statute of limitations. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #385 .) (Sugerman, David)
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Filing 391
Declaration of Scott Ashby in opposition to defendants' motion for summary judgment on statute of limitations. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #385 .) (Sugerman, David)
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Filing 390
Declaration of Charles Ellis in opposition to defendants' motion for summary judgment on statute of limitations. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #385 .) (Sugerman, David)
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Filing 389
Declaration of Dennis Jewell in opposition to defendants' motion for summary judgment on statute of limitations. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #385 .) (Sugerman, David)
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Filing 388
Declaration of Dennis Rosgen in opposition to defendants' motion for summary judgment on the statute of limitations. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #385 .) (Sugerman, David)
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Filing 387
Declaration of Jason Arnold in opposition to defendants' motion for summary judgment on statute of limitations. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #385 .) (Sugerman, David)
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Filing 386
Declaration of David F. Sugerman in support of plaintiffs' opposition to defendants' motion for summary judgment on the statute of limitations. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #385 .) (Attachments: #1 Exhibit EX 1, #2 Exhibit EX 2, #3 Exhibit EX 3, #4 Exhibit EX 4, #5 Exhibit EX 5, #6 Exhibit EX 6, #7 Exhibit EX 7, #8 Exhibit EX 8, #9 Exhibit EX 9, #10 Exhibit EX 10, #11 Exhibit EX 11, #12 Exhibit EX 12, #13 Exhibit EX 13, #14 Exhibit EX 14, #15 Exhibit EX 15, #16 Exhibit EX 16, #17 Exhibit EX 17, #18 Exhibit EX 18 Filed Under Seal, #19 Exhibit EX 19, #20 Exhibit EX 20, #21 Exhibit EX 21, #22 Exhibit EX 22, #23 Exhibit EX 23, #24 Exhibit EX 24, #25 Exhibit EX 25, #26 Exhibit EX 26, #27 Exhibit EX 27, #28 Exhibit EX 28 Filed Under Seal, #29 Exhibit EX 29, #30 Exhibit EX 30, #31 Exhibit EX 31, #32 Exhibit EX 32, #33 Exhibit EX 33) (Sugerman, David)
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Filing 385
Response in Opposition to defendants' motion for summary judgment on the statute of limitations to Motion for Summary Judgment on the Statute of Limitations #338 Oral Argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 384
Declaration of David F. Sugerman in support of plaintiffs' opposition to defendants' motion for summary judgment re: fraud and negligence. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #383 .) (Attachments: #1 Exhibit EX 1, #2 Exhibit EX 2, #3 Exhibit EX 3, #4 Exhibit EX 4, #5 Exhibit EX 5, #6 Exhibit EX 6, #7 Exhibit EX 7, #8 Exhibit EX 8, #9 Exhibit EX 9, #10 Exhibit EX 10, #11 Exhibit EX 11 Filed Under Seal, #12 Exhibit EX 12, #13 Exhibit EX 13, #14 Exhibit EX 14, #15 Exhibit EX 15, #16 Exhibit EX 16, #17 Exhibit EX 17, #18 Exhibit EX 18, #19 Exhibit EX 19, #20 Exhibit EX 20, #21 Exhibit EX 21, #22 Exhibit EX 22, #23 Exhibit EX 23, #24 Exhibit EX 24, #25 Exhibit EX 25, #26 Exhibit EX 26, #27 Exhibit EX 27, #28 Exhibit EX 28, #29 Exhibit EX 29, #30 Exhibit EX 30, #31 Exhibit EX 31, #32 Exhibit EX 32, #33 Exhibit EX 33, #34 Exhibit EX 34, #35 Exhibit EX 35, #36 Exhibit EX 36, #37 Exhibit EX 37, #38 Exhibit EX 38) (Sugerman, David)
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Filing 383
Response in Opposition defendants' motion for summary judgment re: fraud and negligence to Motion for Partial Summary Judgment KBR's Motion for Summary Judgment re Fraud and Negligence #344 Oral Argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 382
Declaration of David F. Sugerman in support of plaintiffs' opposition to defendants' motion for summary judgment re: plaintiffs' claims for mental anguish, medical monitoring and genetic transformation injury. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #381 .) (Attachments: #1 Exhibit EX 1, #2 Exhibit EX 2, #3 Exhibit EX 3, #4 Exhibit EX 4, #5 Exhibit EX 5, #6 Exhibit Exhibit 6 Filed Under Seal, #7 Exhibit Exhibit 7 Filed Under Seal) (Sugerman, David)
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Filing 381
Response in Opposition to Defendants' Motion for Summary Judgment re Plaintiffs' Claims for Mental Anguish, Medical Monitoring and Genetic Transformation Injury to Third Motion for Summary Judgment re Plaintiffs' Claims for Mental Anguish, Medical Monitoring, and Genetic Transformation Injury #333 Oral Argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 380
Declaration of Gabriel A. Hawkins . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, 379 .) (Attachments: #1 Exhibit PLs EX 1, #2 Exhibit PLs Ex 2, #3 Exhibit PLs EX 3-FILED UNDER SEAL COVER PAGE, #4 Exhibit PLs EX 4, #5 Exhibit PLs EX 5, #6 Exhibit PLs EX 6, #7 Exhibit PLs EX 7, #8 Exhibit PLs EX 8, #9 Exhibit PLs EX 9, #10 Exhibit PLs EX 10, #11 Exhibit PLs EX 11, #12 Exhibit PLs EX 12, #13 Exhibit PLs EX 13, #14 Exhibit PLs EX 14-FILED UNDER SEAL COVER PAGE) (Hawkins, Gabriel) Modified on 5/31/2012 to change title from Affidavit to Declaration(ecp).
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Filing 378
Declaration of Gabriel A. Hawkins . Filed by All Plaintiffs. (Related document(s): Reply to Motion #377 .) (Attachments: #1 Exhibit PLs EX 1-FILED UNDER SEAL COVER PAGE, #2 Exhibit PLs EX 2-FILED UNDER SEAL COVER PAGE, #3 Exhibit PLs EX 3, #4 Exhibit PLs EX 4, #5 Exhibit PLs EX 5, #6 Exhibit PLs EX 6-FILED UNDER SEAL COVER PAGE, #7 Exhibit PLs EX 7, #8 Exhibit PLs EX 8, #9 Exhibit PLs EX 9-FILED UNDER SEAL COVER PAGE, #10 Exhibit PLs EX 10-FILED UNDER SEAL COVER PAGE, #11 Exhibit PLs EX 11) (Hawkins, Gabriel) Modified on 5/31/2012 to change title from Affidavit to Declaration(ecp).
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Filing 377
Reply in Opposition to Motion for Summary Judgment FRCP 56(b) re Causation and Certificate of Compliance with LR 7.1 #204 Oral Agrument requested. Filed by All Plaintiffs. (Hawkins, Gabriel)
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Filing 376
Declaration of Chanler Langham to Reply in Support of Defendants' FRCP 37 Request for Sanctions Against Plaintiffs' and Plaintiffs' Counsel. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Reply to Motion, #375 .) (Attachments: #1 Exhibit 36, #2 Exhibit 37, #3 Exhibit 38, #4 Exhibit 39, #5 Exhibit 40, #6 Exhibit 41, #7 Exhibit 42, #8 Exhibit 43, #9 Exhibit 44, #10 Exhibit 45, #11 Exhibit 46, #12 Exhibit 47, #13 Exhibit 48, #14 Exhibit 49, #15 Exhibit 50) (Harrison, Geoffrey)
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Filing 375
Reply in Support of KBR's FRCP 37 Request for Sanctions Against Plaintiffs and Plaintiffs' Counsel #315 to Motion to Compel and for Sanctions #287 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 372
Exhibits 22 & 24 to Affidavit of Gabriel A. Hawkins #370 in Support of Plaintiffs' Opposition to KBR's Motion to Exclude Carson's Testimony. (FILED UNDER SEAL). Filed by All Plaintiffs. (Related document(s): Affidavit, #370 .) (dmd)
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Filing 370
Affidavit of Gabriel A. Hawkins . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #367 .) (Attachments: #1 Exhibit EX 22 FILED UNDER SEAL, #2 Exhibit EX 23, #3 Exhibit EX 24 FILED UNDER SEAL, #4 Exhibit EX 25, #5 Exhibit EX 26) (Sugerman, David)
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Filing 369
Declaration of Gabriel Hawkins . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #367 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit) (Sugerman, David)
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Filing 368
Declaration of David F. Sugerman in support of plaintiffs' opposition to KBR's motion to exclude Dr. Arch Carson's testimony re: genetic transformation injury, remote exposure injury and medical monitoring. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #367 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Sugerman, David)
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Filing 367
Response in Opposition to KBR's to Motion to Strike Exclude Dr. Arch Carson's Testimony re Genetic Transformation Injury, Remote Exposure Injury, and Medical Monitoring #305 Oral Argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 371
Exhibits 2, 19, 21, 29, 36, 59, 61 & 62 to Memorandum in Opposition to Motion to Strike Exclude Dr. Arch Carson's Testimony re Causation #365 , (FILED UNDER SEAL). Filed by All Plaintiffs. (ecp)
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Filing 366
Declaration of Gabriel A. Hawkins . Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #365 .) (Attachments: #1 Exhibit Plaintiffs Exhibit 1 Dr. Arch Carson Curriculum Vitae, #2 Exhibit Plaintiffs Exhibit 2 Dr. Arch Carson November 8, 2011 Supplemental Report - FILED UNDER SEAL COVER PAGE, #3 Exhibit Plaintiffs Exhibit 3 KBR August 7-9 Trip Rep., #4 Exhibit Plaintiffs Exhibit 4 August 11, 2003 Young Lee Email, #5 Exhibit Plaintiffs Exhibit 5 August 3, 2003 Project RIO Qarmat Ali Report, #6 Exhibit Plaintiffs Exhibit 6 October 2, 2003 Meeting Minutes, #7 Exhibit Plaintiffs Exhibit 7 October 5, 2003 Bagnoche Email, #8 Exhibit Plaintiffs Exhibit 8 KBR March 10, 2004 Self-Evaluation, #9 Exhibit Plaintiffs Exhibit 9 Photographs, #10 Exhibit Plaintiffs Exhibit 10 August 8, 2003 Meeting Minutes, #11 Exhibit Plaintiffs Exhibit 11 August 25, 2003 William VanOstrand Email, #12 Exhibit Plaintiffs Exhibit 12 September 9, 2003 Chuck Adams Email, #13 Exhibit Plaintiffs Exhibit 13 September 16, 2003 Meeting Minutes, #14 Exhibit Plaintiffs Exhibit 14 September 26, 2003 Jerry Balcome Email, #15 Exhibit Plaintiffs Exhibit 15 Summary of Qarmat Ali Timeline, #16 Exhibit Plaintiffs Exhibit 16 Army Information Paper, #17 Exhibit Plaintiffs Exhibit 17 September 17, 2003 Basra Water Treatment Plant document, #18 Exhibit Plaintiffs Exhibit 18 Edward Blacke Deposition Excerpts, #19 Exhibit Plaintiffs Exhibit 19 Dr. Arch Carson June 7, 2011 Report - FILED UNDER SEAL COVER PAGE, #20 Exhibit Plaintiffs Exhibit 20 Dr. Arch Carson March 28, 2010 Deposition Excerpts, #21 Exhibit Plaintiffs Exhibit 21 Dr. Herman Gibb June 6, 2011 Report - FILED UNDER SEAL COVER PAGE, #22 Exhibit Plaintiffs Exhibit 22 Kevin Wilson Deposition Excerpt, #23 Exhibit Plaintiffs Exhibit 23 Lawrence Robert Deposition Excerpts, #24 Exhibit Plaintiffs Exhibit 24 James Gentry Deposition Excerpt, #25 Exhibit Plaintiffs Exhibit 25 Jeremiah Wilson Deposition Excerpt, #26 Exhibit Plaintiffs Exhibit 26 Brendan Wilczynski Deposition Excerpt, #27 Exhibit Plaintiffs Exhibit 27 Edward Crowley Deposition Excerpt, #28 Exhibit Plaintiffs Exhibit 28 Michael Remington Deposition Excerpts, #29 Exhibit Plaintiffs Exhibit 29 March 31, 2003 SITREP - FILED UNDER SEAL COVER PAGE, #30 Exhibit Plaintiffs Exhibit 30 Ralph Stephenson Deposition Excerpts, #31 Exhibit Plaintiffs Exhibit 31 June 21, 2003 Rod Kimbro Email, #32 Exhibit Plaintiffs Exhibit 32 DODIG Report, #33 Exhibit Plaintiffs Exhibit 33 Cheryl Hodge-Snead Deposition Excerpts, #34 Exhibit Plaintiffs Exhibit 34 Chuck Adams Deposition Excerpts, #35 Exhibit Plaintiffs Exhibit 35 July 8, 2003 Qarmat Ali Site Assessment, #36 Exhibit Plaintiffs Exhibit 36 June 21, 2003 SITREP - FILED UNDER SEAL COVER PAGE, #37 Exhibit Plaintiffs Exhibit 37 General Robert Crear Deposition Excerpts, #38 Exhibit Plaintiffs Exhibit 38 James Gentry December 23, 2008 Deposition Excerpts, #39 Exhibit Plaintiffs Exhibit 39 James Gentry October 5, 2009 Deposition Excerpts, #40 Exhibit Plaintiffs Exhibit 40 Russell Kimberling Deposition Excerpts, #41 Exhibit Plaintiffs Exhibit 41 British Key Dates Memorandum, #42 Exhibit Plaintiffs Exhibit 42 August 15, 2003 Young Lee Email, #43 Exhibit Plaintiffs Exhibit 43 Edward Rea Deposition Excerpts, #44 Exhibit Plaintiffs Exhibit 44 Cheryl Hodge-Snead August 12, 2003 Letter, #45 Exhibit Plaintiffs Exhibit 45 Dr. Robert Conte Deposition Excerpts, #46 Exhibit Plaintiffs Exhibit 46 September 3, 2003 Bruce Keyston Email, #47 Exhibit Plaintiffs Exhibit 47 September 16, 2003 Doug Fletcher Email, #48 Exhibit Plaintiffs Exhibit 48 - February 10, 2004 Station Medical Centre Memorandum, #49 Exhibit Plaintiffs Exhibit 49 March 2, 2005 Jennifer Dellinger Email, #50 Exhibit Plaintiffs Exhibit 50 Jason Arnold Deposition Excerpts, #51 Exhibit Plaintiffs Exhibit 51 Dennis Rosgen Deposition Excerpts, #52 Exhibit Plaintiffs Exhibit 52 Kevin Stanger Deposition Excerpts, #53 Exhibit Plaintiffs Exhibit 53 Dr. Barbara Beck Deposition Excerpts, #54 Exhibit Plaintiffs Exhibit 54 Dr. Arch Carson May 7, 2012 Deposition Excerpts, #55 Exhibit Plaintiffs Exhibit 55 Trey Peacock April 5, 2012 Email, #56 Exhibit Plaintiffs Exhibit 56 Dr. Arch Carson Malady-Specific Authority List I, #57 Exhibit Plaintiffs Exhibit 57 Dr. Arch Carson Malady-Specific Authority List II, #58 Exhibit Plaintiffs Exhibit 58 Dr. Arch Carson Malady-Specific Authority List III, #59 Exhibit Plaintiffs Exhibit 59 Dr. Arch Carson Jewell Report - FILED UNDER SEAL COVER PAGE, #60 Errata Plaintiffs Exhibit 60 Dr. Herman Gibb Affidavit, #61 Exhibit Plaintiffs Exhibit 61 Dr. David Weill Arnold Report - FILED UNDER SEAL COVER PAGE, #62 Exhibit Plaintiffs Exhibit 62 Dr. David Weill November 14, 2011 Report - FILED UNDER SEAL COVER PAGE, #63 Exhibit Plaintiffs Exhibit 63 Dr. David Weill deposition excerpts, #64 Errata Plaintiffs Exhibit 64 CHPPM Report, #65 Exhibit Plaintiffs Exhibit 65 May 27, 2003 Chuck Adams Email, #66 Exhibit Plaintiffs Exhibit 66 John Weatherly Deposition Excerpt) (Hawkins, Gabriel) Modified on 5/24/2012 to included declarant's name(ecp).
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Filing 365
Memorandum in Opposition to Motion to Strike Exclude Dr. Arch Carson's Testimony re Causation #311 . Filed by All Plaintiffs. (Hawkins, Gabriel)
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Filing 374
Notice of Filing of Sealed Exhibit 7 to the Memorandum in Opposition to Defendants' Motion to Exclude the Testimony of Plaintiffs' Expert Jim Tarr About Toxicology and Air Sampling #364 . (FILED UNDER SEAL). Filed by All Plaintiffs. (ecp)
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Filing 373
Notice of Filing of Sealed Exhibits 1, 3, 12 and 32 to the Declaration of Gabriel Hawkins in Response to Defendants' Motion to Strike Testimony of Dr. Gibb #363 (FILED UNDER SEAL). Filed by All Plaintiffs. (ecp)
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Filing 364
Declaration of Patrick Dennis . Filed by Jason Arnold, Scott Ashby, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Matthew Hadley, Kelly Hafer, Brian Hedin, Leslie Ing, Dennis Jewell, Randy Keiper, Matt Kuhnel, Richard Lawrence, Jay Louisiana, James McGowan, Stephen Mueller, Vito Pacheco, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Aaron St. Clair, Kevin Stanger, Kevin Wilson, Donald Yeargin. (Related document(s): Response in Opposition to Motion,,, #362 .) (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2, #3 Exhibit 1, Part 3, #4 Exhibit 1, Part 4, #5 Exhibit 2, #6 Exhibit 2, Attachment A, Part 1, #7 Exhibit 2, Attachment A, Part 2, #8 Exhibit 2, Attachment B, #9 Exhibit 2, Attachment C, Part 1, #10 Exhibit 2, Attachment C, Part 2, #11 Exhibit 2, Attachment D, #12 Exhibit 3, #13 Exhibit 4, #14 Exhibit 5, #15 Exhibit 6, #16 Exhibit 8, Part 1, #17 Exhibit 8, Part 2, #18 Exhibit 8, Part 3, #19 Exhibit 9, #20 Exhibit 10, #21 Exhibit 11, #22 Exhibit 12, #23 Exhibit 13, #24 Exhibit 14, #25 Exhibit 15, #26 Exhibit 16) (Dennis, Patrick)
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Filing 363
Declaration of Gabriel A. Hawkins . Filed by All Plaintiffs. (Related document(s): Response to Motion,, #361 , Motion to Strike, #308 .) (Attachments: #1 Exhibit Plaintiffs' Exhibit 1 - FILED UNDER SEAL COVER PAGE, #2 Exhibit Plaintiffs' Exhibit 2, #3 Exhibit Plaintiffs' Exhibit 3 - FILED UNDER SEAL COVER PAGE, #4 Exhibit Plaintiffs' Exhibit 4, #5 Exhibit Plaintiffs' Exhibit 5, #6 Exhibit Plaintiffs' Exhibit 6, #7 Exhibit Plaintiffs' Exhibit 7, #8 Exhibit Plaintiffs' Exhibit 8, #9 Exhibit Plaintiffs' Exhibit 9, #10 Exhibit Plaintiffs' Exhibit 10, #11 Exhibit Plaintiffs' Exhibit 11, #12 Exhibit Plaintiffs' Exhibit 12 - FILED UNDER SEAL COVER PAGE, #13 Exhibit Plaintiffs' Exhibit 13, #14 Exhibit Plaintiffs' Exhibit 14, #15 Exhibit Plaintiffs' Exhibit 15, #16 Exhibit Plaintiffs' Exhibit 16, #17 Exhibit Plaintiffs' Exhibit 17, #18 Exhibit Plaintiffs' Exhibit 18, #19 Exhibit Plaintiffs' Exhibit 19, #20 Exhibit Plaintiffs' Exhibit 20, #21 Exhibit Plaintiffs' Exhibit 21, #22 Exhibit Plaintiffs' Exhibit 22, #23 Exhibit Plaintiffs' Exhibit 23, #24 Exhibit Plaintiffs' Exhibit 24, #25 Exhibit Plaintiffs' Exhibit 25, #26 Exhibit Plaintiffs' Exhibit 26, #27 Exhibit Plaintiffs' Exhibit 27, #28 Exhibit Plaintiffs' Exhibit 28, #29 Exhibit Plaintiffs' Exhibit 29, #30 Exhibit Plaintiffs' Exhibit 30, #31 Exhibit Plaintiffs' Exhibit 31, #32 Exhibit Plaintiffs' Exhibit 32 - FILED UNDER SEAL COVER PAGE, #33 Exhibit Plaintiffs' Exhibit 33) (Hawkins, Gabriel) Modified on 5/22/2012 to add name(ecp).
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Filing 362
Response in Opposition to Motion to Strike Testimony of Plaintiffs' Expert Jim Tarr About Toxicology and Air Sampling Opinions That Are Not His Own #301 Oral Argument requested. Filed by Jason Arnold, Scott Ashby, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Matthew Hadley, Kelly Hafer, Brian Hedin, Leslie Ing, Dennis Jewell, Randy Keiper, Matt Kuhnel, Richard Lawrence, Jay Louisiana, James McGowan, Stephen Mueller, Vito Pacheco, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Aaron St. Clair, Kevin Stanger, Kevin Wilson, Donald Yeargin. (Attachments: #1 Proposed Order Denying Motion) (Dennis, Patrick)
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Filing 361
Response to Motion to Strike Exclude Testimony of Dr. Herman Gibb #308 Oral Argument requested. Filed by Jason Arnold, Scott Ashby, Carlos Avalos, Thomas Barella, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Daniel Grover, Matthew Hadley, Kelly Hafer, Brian Hedin, Leslie Ing, Dennis Jewell, Randy Keiper, Matt Kuhnel, Richard Lawrence, Jay Louisiana, Lewis Martin, James McGowan, Stephen Mueller, Michael O'Rielly, Vito Pacheco, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Aaron St. Clair, Kevin Stanger, Christopher Wangelin, Kevin Wilson, Donald Yeargin. (Hawkins, Gabriel)
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Filing 360
Response in Opposition to Defendants' Further Evidence to Motion for Imposition of Sanctions Motion to Exclude and for FRCP 37(c)(1) Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit #255 Oral Argument requested. Filed by Jason Arnold, Scott Ashby, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Matthew Hadley, Kelly Hafer, Brian Hedin, Leslie Ing, Dennis Jewell, Randy Keiper, Matt Kuhnel, Richard Lawrence, Jay Louisiana, James McGowan, Stephen Mueller, Vito Pacheco, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Aaron St. Clair, Kevin Stanger, Kevin Wilson, Donald Yeargin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Dennis, Patrick)
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Filing 359
ORDER issued by Magistrate Judge Paul Papak: Granting Defendant KBR's Unopposed Motion for Extension of Time to 5/25/2012 to Reply in Support of Request for Sanctions Against Plaintiffs and Plaintiffs' Counsel #357 . (gm)
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Filing 358
Memorandum in Support . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion, #357 .) (Eden, Jeffrey)
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Filing 357
Unopposed Motion for Extension of Time to File a Response/Reply in Support of KBR's Request for Sanctions Against Plaintiffs to Motion to Compel and for Sanctions #287 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 356
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiffs' unopposed E-mail Request dated 5/11/12 for extension of time as follows: Responses to "Carson" Daubert motions #305 & #311 due by 5/21/2012. Replies to responses due by 6/11/2012. (gm)
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Filing 355
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiffs' Unopposed Motion for Extension of Time #354 as follows: Response to motion for fees/costs due by 6/4/2012. Reply to response due by 6/18/2012. Order: Resetting KBR Defendants' Petition (Motion) for Fees and Costs in Accordance with 12/30/11 Opinion and Order #323 from 6/6/2012 to the under advisement calendar of 6/19/2012. (gm)
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Filing 354
Motion for Extension of Time to File a Response/Reply to Motion for Order Defendants' Petition for Fees and Costs in Accordance with the Court's December 20, 2011 Opinion and Order #323 . Filed by All Plaintiffs. (Sugerman, David)
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Filing 353
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a). A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The docket text regarding KBR Defendants' Motion for Partial Summary Judgment #344 is corrected to remove the word 'Partial'. (gm)
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Filing 347
ORDER issued by Magistrate Judge Paul Papak: Daubert and expert motions hearing will begin on 6/20/2012 (rather than on 6/21/2012) at 9:00AM in Courtroom 10-B. (gm)
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Filing 352
Exhibits 3, 10, 11, 16, 17, 21, 23, 26, 27, 29-33, 35-37, 40-51, 54, 56, 60, 61, 63, 64, 68, 69, 71, 73, and 74 to Affidavit of Chanler A. Langham in Support of KBR Defendants' Motion for Summary Judgment on the Statute of Limitations (#342 ). (FILED UNDER SEAL). Filed by KBR, Inc., KBR Technical Services, Inc.. (eo) NOTE: Additional attachment added and text modified to indicate all exhibits have been attached to this entry. (eo)
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Filing 351
Exhibits 35 and 38 to the Affidavit of Johnny W. Carter in Support of KBR's Memorandum of New Evidence in Further Support of Motion for Summary Judgment re Causation (#337 ). (FILED UNDER SEAL). Filed by KBR, Inc., KBR Technical Services, Inc.. (eo)
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Filing 350
Exhibits 12, 16, and 55 to the Affidavit of Johnny W. Carter in Support of Motion for Summary Judgment re Fraud and Negligence (#346 ). (FILED UNDER SEAL). Filed by KBR, Inc., KBR Technical Services, Inc.. (eo)
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Filing 349
Exhibits 15, 27, 29, 32, 34, 36, 37, 38, and 39 to the Affidavit of Chanler A. Langham in Support of Motion KBR Defendants' Renewed Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure (#343 ). (FILED UNDER SEAL). Filed by KBR, Inc., KBR Technical Services, Inc.. (eo)
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Filing 348
ORDER issued by Magistrate Judge Paul Papak: Setting KBR Defendants' Motion for Summary Judgment re: Plaintiffs' Claims for Mental Anguish, Medical Monitoring, and Genetic Transformation Injury #333 , KBR Defendants' Motion for Summary Judgment re: Statute of Limitations #338 , KBR Defendants' Renewed Rule 12 Motion to Dismiss #340 and KBR Defendants' Motion for Summary Judgment re: Fraud and Negligence #344 on the Oral Argument Calendar of 7/12/2012 at 9:30AM in Courtroom 10-B. (gm)
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Filing 346
Johnny W. Carter Affidavit in Support of Motion for Summary Judgment re Fraud and Negligence. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Partial Summary Judgment, #344 .) (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, FILED SEPARATELY UNDER SEAL, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, FILED SEPARATELY UNDER SEAL, #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, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, FILED SEPARATELY UNDER SEAL, #56 Exhibit 56, #57 Exhibit 57) (Harrison, Geoffrey)
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Filing 345
Memorandum in Support of KBR's Motion for Summary Judgment re Fraud and Negligence. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Partial Summary Judgment, #344 .) (Harrison, Geoffrey)
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Filing 344
Motion for Summary Judgment KBR's Motion for Summary Judgment re Fraud and Negligence. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey) Modified on 5/10/2012 (gm).
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Filing 343
Chanler A. Langham Affidavit in Support of Motion KBR Defendants' Renewed Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion to Dismiss/Lack of Jurisdiction, #340 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, Part 1, #3 Exhibit 2, Part 2, #4 Exhibit 2, Part 3, #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, FILED SEPARATELY UNDER SEAL, #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, FILED SEPARATELY UNDER SEAL, #30 Exhibit 28, #31 Exhibit 29, FILED SEPARATELY UNDER SEAL, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, FILED SEPARATELY UNDER SEAL, #35 Exhibit 33, #36 Exhibit 34, FILED SEPARATELY UNDER SEAL, #37 Exhibit 35, #38 Exhibit 36, FILED SEPARATELY UNDER SEAL, #39 Exhibit 37, FILED SEPARATELY UNDER SEAL, #40 Exhibit 38, FILED SEPARATELY UNDER SEAL, #41 Exhibit 39, FILED SEPARATELY UNDER SEAL, #42 Exhibit 40, #43 Exhibit 41) (Langham, Chanler)
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Filing 342
Affidavit of Chanler A. LanghamChanler A. Langham in Support of KBR Defendants' Motion for Summary Judgment on the Statute of Limitations, Affidavit of Chanler A. LanghamChanler A. Langham in Support of Motion . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Summary Judgment, #338 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 FILED SEPARATELY UNDER SEAL, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10 FILED SEPARATELY UNDER SEAL, #11 Exhibit 11FILED SEPARATELY UNDER SEAL, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16 FILED SEPARATELY UNDER SEAL, #17 Exhibit 17 FILED SEPARATELY UNDER SEAL, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21 FILED SEPARATELY UNDER SEAL, #22 Exhibit 22, #23 Exhibit 23 FILED SEPARATELY UNDER SEAL, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26 FILED SEPARATELY UNDER SEAL, #27 Exhibit 27 FILED SEPARATELY UNDER SEAL, #28 Exhibit 28, #29 Exhibit 29 FILED SEPARATELY UNDER SEAL, #30 Exhibit 30 FILED SEPARATELY UNDER SEAL, #31 Exhibit 31 FILED SEPARATELY UNDER SEAL, #32 Exhibit 32 FILED SEPARATELY UNDER SEAL, #33 Exhibit 33 FILED SEPARATELY UNDER SEAL, #34 Exhibit 34, #35 Exhibit 35 FILED SEPARATELY UNDER SEAL, #36 Exhibit 36 FILED SEPARATELY UNDER SEAL, #37 Exhibit 37 FILED SEPARATELY UNDER SEAL, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40 FILED SEPARATELY UNDER SEAL, #41 Exhibit 41 FILED SEPARATELY UNDER SEAL, #42 Exhibit 42 FILED SEPARATELY UNDER SEAL, #43 Exhibit 43 FILED SEPARATELY UNDER SEAL, #44 Exhibit 44 FILED SEPARATELY UNDER SEAL, #45 Exhibit 45 FILED SEPARATELY UNDER SEAL, #46 Exhibit 46 FILED SEPARATELY UNDER SEAL, #47 Exhibit 47 FILED SEPARATELY UNDER SEAL, #48 Exhibit 48 FILED SEPARATELY UNDER SEAL, #49 Exhibit 49 FILED SEPARATELY UNDER SEAL, #50 Exhibit 50 FILED SEPARATELY UNDER SEAL, #51 Exhibit 51 FILED SEPARATELY UNDER SEAL, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54 FILED SEPARATELY UNDER SEAL, #55 Exhibit 55, #56 Exhibit 56 FILED SEPARATELY UNDER SEAL, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60 FILED SEPARATELY UNDER SEAL, #61 Exhibit 61 FILED SEPARATELY UNDER SEAL, #62 Exhibit 62, #63 Exhibit 63 FILED SEPARATELY UNDER SEAL, #64 Exhibit 64 FILED SEPARATELY UNDER SEAL, #65 Exhibit 65 FILED SEPARATELY UNDER SEAL, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68 FILED SEPARATELY UNDER SEAL, #69 Exhibit 69 FILED SEPARATELY UNDER SEAL, #70 Exhibit 70, #71 Exhibit 71 FILED SEPARATELY UNDER SEAL, #72 Exhibit 72, #73 Exhibit 73 FILED SEPARATELY UNDER SEAL, #74 Exhibit 74 FILED SEPARATELY UNDER SEAL, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77) (Harrison, Geoffrey)
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Filing 341
Memorandum in Support of KBR Defendants' Renewed Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion to Dismiss/Lack of Jurisdiction, #340 .) (Langham, Chanler)
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Filing 340
Motion to Dismiss for Lack of Jurisdiction KBR Defendants' Renewed Motion to Dismiss Pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Langham, Chanler)
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Filing 339
Memorandum in Support of Motion for Summary Judgment on the Statute of Limitations. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Summary Judgment, #338 .) (Harrison, Geoffrey)
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Filing 338
Motion for Summary Judgment on the Statute of Limitations. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 337
Affidavit of Johnny W. Carter in Support of KBR's Memorandum of New Evidence in Further Support of Motion for Summary Judgment re Causation. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Memorandum in Support, #336 .) (Attachments: #1 Exhibit 29, #2 Exhibit 30, #3 Exhibit 31, #4 Exhibit 32, #5 Exhibit 33, #6 Exhibit 35 Filed Under Seal, #7 Exhibit 36, #8 Exhibit 37, #9 Exhibit 38 Filed Under Seal) (Harrison, Geoffrey)
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Filing 336
Memorandum in Support of New Evidence in Further Support of Motion for Summary Judgment re Causation. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Summary Judgment, #204 .) (Harrison, Geoffrey)
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Filing 335
Affidavit of Johnny W. Carter in Support of Motion for Summary Judgment re Plaintiffs' Claims for Mental Anguish, Medical Monitoring, and Genetic Transformation Injury. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Summary Judgment, #333 .) (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) (Harrison, Geoffrey)
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Filing 334
Memorandum in Support of KBR's Motion for Summary Judgment re Plaintiffs' Claims for Mental Anguish, Medical Monitoring, and Genetic Transformation Injury. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Summary Judgment, #333 .) (Harrison, Geoffrey)
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Filing 333
Motion for Summary Judgment re Plaintiffs' Claims for Mental Anguish, Medical Monitoring, and Genetic Transformation Injury. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc. (Harrison, Geoffrey) Modified on 5/4/2012 to correct typo (tll).
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Filing 331
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Reply to Motion and Response to Motion #329 filed by Plaintiffs. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The incorrect linkage was created when docketing the above Reply. The document is also a response to KBR's FRCP 27 Request for Sanction which is document #315 . The Clerk has corrected the docket entry to include a link to #315 and not #255 as originally listed. (ecp)
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Filing 330
Declaration of . Filed by Jason Arnold, Scott Ashby, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Matthew Hadley, Kelly Hafer, Brian Hedin, Leslie Ing, Dennis Jewell, Randy Keiper, Matt Kuhnel, Richard Lawrence, Jay Louisiana, James McGowan, Stephen Mueller, Vito Pacheco, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Aaron St. Clair, Kevin Stanger, Kevin Wilson, Donald Yeargin. (Related document(s): Reply to Motion,,,,, Response to Motion,,,, #329 .) (Attachments: #1 Exhibit Exhibit 50, #2 Exhibit Exhibit 51, #3 Exhibit Exhibit 52, #4 Exhibit Exhibit 53, #5 Exhibit Exhibit 54, #6 Exhibit Exhibit 55, #7 Exhibit Exhibit 56, #8 Exhibit Exhibit 57, #9 Exhibit Exhibit 58, #10 Exhibit Exhibit 59, #11 Exhibit Exhibit 60, #12 Exhibit Exhibit 61, #13 Exhibit Exhibit 62, #14 Exhibit Exhibit 63, #15 Exhibit Exhibit 64) (Hawkins, Gabriel)
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Filing 329
Reply to Motion for Imposition of Sanctions Response to Plaintiffs' Motion to Compel and for Sanctions and KBR's FRCP 37 Request for Sanctions Against Plaintiffs #315 , Motion to Compel and for Sanctions #287 , Response to Motion for Imposition of Sanctions Motion to Exclude and for FRCP 37(c)(1) Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit #255 , Motion to Compel and for Sanctions #287 . Filed by Jason Arnold, Scott Ashby, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Matthew Hadley, Kelly Hafer, Brian Hedin, Leslie Ing, Dennis Jewell, Randy Keiper, Matt Kuhnel, Richard Lawrence, Jay Louisiana, James McGowan, Stephen Mueller, Vito Pacheco, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Aaron St. Clair, Kevin Stanger, Kevin Wilson, Donald Yeargin. (Hawkins, Gabriel) Modified on 5/3/2012 (ecp).
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Filing 332
ORDER issued by Magistrate Judge Paul Papak: Setting KBR Defendants' Petition (Motion) for Fees and Costs in Accordance with December 20, 2011 Opinion and Order #323 on the under advisement calendar of 6/6/2012. (gm)
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Filing 328
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a). A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The docket text regarding KBR Defendants' Motion for Fees and Costs #323 is modified to more accurately correspond with the document title: Motion (Petition) for Fees and Costs in Accordance with the Court's December 30, 2011 Opinion and Order. (gm)
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Filing 327
Declaration of William B. Crow in Support of Defendants' Petition for Fees in Accordance with the Court's December 30, 2011 Opinion and Order. Filed by KBR Technical Services, Inc., KBR, Inc.. (Related document(s): Motion for Order #323 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Eden, Jeffrey)
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Filing 326
Declaration of Mark E. Lowes in Support of Defendants' Petition for Rule 37(c) Fees. Filed by KBR Technical Services, Inc., KBR, Inc.. (Related document(s): Motion for Order #323 .) (Eden, Jeffrey)
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Filing 325
Declaration of Vineet Bhatia in Support of Defendants' Petition for Rule 37(c) Fees. Filed by KBR Technical Services, Inc., KBR, Inc.. (Related document(s): Motion for Order #323 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3-A, #4 Exhibit 3-B, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6) (Eden, Jeffrey)
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Filing 324
Declaration of Jeffrey S. Eden in Support of Defendants' Petition for Rule 37(c) Fees. Filed by KBR Technical Services, Inc., KBR, Inc.. (Related document(s): Motion for Order #323 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Eden, Jeffrey)
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Filing 323
Motion (Petition) for Fees and Costs in Accordance with the Court's December 30, 2011 Opinion and Order. Filed by KBR Technical Services, Inc., KBR, Inc. (Eden, Jeffrey). Modified on 5/1/2012 (gm). Modified on 1/25/2013 to un-term motion as per Order 710 (gm).
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Filing 322
ORDER issued by Magistrate Judge Paul Papak: Resetting Plaintiffs' Motion to Compel #287 and Plaintiff's Motion for Sanctions #287 from the Under Advisement Calendar of 4/24/2012 to the Oral Argument Calendar of 6/21/2012 at 9:00AM in Courtroom 10-B. (gm)
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Filing 318
ORDER issued by Magistrate Judge Paul Papak: Granting KBR Defendants' Unopposed Motion to Exceed Page Limits #314 . (gm)
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Filing 321
Exhibit 7 to Affidavit of Johnny Cart #313 , (FILED UNDER SEAL). Filed by KBR, Inc.. (ecp)
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Filing 320
Exhibit 6 to Affidavit of Johnny Carter #313 , (FILED UNDER SEAL). Filed by KBR, Inc.. (ecp)
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Filing 319
Exhibit 5 to Affidavit of Johnny W. Carter #313 , (FILED UNDER SEAL). Filed by KBR, Inc.. (ecp)
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Filing 316
Affidavit of Chanler A. Langham in Support of KBR's Response to "Plaintiffs' Motion to Compel and for Sanctions," and KBR's FRCP 37 Request for Sanctions Against Plaintiffs and Plaintiffs' Counsel. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Response to Motion, #315 .) (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 Part 1, #19 Exhibit 18 Part 2, #20 Exhibit 18 Part 3, #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, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35) (Harrison, Geoffrey)
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Filing 315
Response to Plaintiffs' Motion to Compel and for Sanctions and KBR's FRCP 37 Request for Sanctions Against Plaintiffs and Plaintiffs' Counsel to Motion to Compel and for Sanctions #287 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 314
Unopposed Motion to File Excess Pages KBR Defendants' Unopposed Motion to Exceed Page Limits on Their Response to "Plaintiffs' Motion to Compel and for Sanctions," and KBR Defendants' FRCP 37 Request for Sanctions Against Plaintiffs and Plaintiffs' Counsel. Filed by KBR Technical Services, Inc., KBR, Inc.. (Lee, Andrew)
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Filing 317
ORDER issued by Magistrate Judge Paul Papak: Setting Defendant KBR's Motion to Exclude Testimony of Plaintiffs' Expert Jim Tarr About Toxicology and Air Sampling Opinions That Are Not His Own #301 , Defendant KBR's Motion to Exclude Dr. Arch Carson's Testimony re: Genetic Transformation Injury, Remote Exposure Injury, and Medical Monitoring #305 , Defendant KBR's Motion to Testimony of Dr. Herman Gibb #308 and Defendant KBR's Motion to Exclude Dr. Arch Carson's Testimony re: Causation #311 on the Oral Argument Calendar of 6/21/2012 at 9:00AM in Courtroom 10-B. (gm)
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Filing 313
Affidavit of Johnny W. Carter in Support of KBR's Motion to Exclude the Testimony of Dr. Arch Carson re Causation. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion to Strike, #311 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 Filed Separately Under Seal, #6 Exhibit 6 Filed Separately Under Seal, #7 Exhibit 7 Filed Separately Under Seal, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Harrison, Geoffrey)
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Filing 312
Memorandum in Support of KBR's Motion to Exclude Dr. Arch Carson's Testimony re Causation. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion to Strike, #311 .) (Harrison, Geoffrey)
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Filing 311
Motion to Strike Exclude Dr. Arch Carson's Testimony re Causation. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 310
Affidavit of Johnny W. Carter in Support of KBR's Motion to Exclude the Testimony of Dr. Herman Gibb. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion to Strike, #308 .) (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 Part 1, #10 Exhibit 9 Part 2) (Harrison, Geoffrey)
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Filing 309
Memorandum in Support of KBR's Motion to Exclude Testimony of Dr. Herman Gibb. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion to Strike, #308 .) (Harrison, Geoffrey)
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Filing 308
Motion to Strike Exclude Testimony of Dr. Herman Gibb. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 307
Affidavit of Johnny W. Carter re KBR's Motion to Exclude the Testimony of Dr. Arch Carson re Genetic Transformation Injury, Remote Exposure Injury, and Medical Monitoring. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion to Strike, #305 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Harrison, Geoffrey)
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Filing 306
Memorandum in Support of KBR's Motion to Exclude Dr. Arch Carson's Testimony re Genetic Transformation Injury, Remote Exposure Injury, and Medical Monitoring. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion to Strike, #305 .) (Harrison, Geoffrey)
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Filing 305
Motion to Strike Exclude Dr. Arch Carson's Testimony re Genetic Transformation Injury, Remote Exposure Injury, and Medical Monitoring. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 304
Brief KBR's Further Evidence in Support of Motion to Exclude and for FRCP 37(c)(1) Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Imposition of Sanctions, #255 .) (Attachments: #1 Exhibit 1) (Harrison, Geoffrey)
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Filing 303
Affidavit of Johnny W. Carter re KBR's Motion to Exclude the Testimony of Plaintiffs' Expert Jim Tarr About Toxicology and Air Sampling Opinions That Are Not His Own. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion to Strike, #301 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Harrison, Geoffrey)
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Filing 302
KBR's Memorandum in Support Re Motion to Exclude Testimony of Plaintiffs' Expert Jim Tarr About Toxicology and Air Sampling Opinions That Are Not His Own. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion to Strike, #301 .) (Harrison, Geoffrey)
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Filing 301
Motion to Strike Testimony of Plaintiffs' Expert Jim Tarr About Toxicology and Air Sampling Opinions That Are Not His Own. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 300
Order Granting Application for Special Admission Pro Hac Vice of Johnny W. Carter for KBR Technical Services, Inc., KBR, Inc.,Kellogg, Brown & Root Service, Inc. and Overseas Administration Services, Ltd.,Johnny W. Carter for Service Employees International, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-2865109 issued. Signed on 4/17/2012 by Magistrate Judge Paul Papak. (ecp)
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Filing 299
Motion for Leave to Appear Pro Hac Vicefor Johnny W. Carter Filing fee $100, Agency Tracking ID: 0979-2865109. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 298
Exhibit 2 to Joint ADR Report #295 , (FILED UNDER SEAL). Filed by All Plaintiffs. (ecp)
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Filing 297
AMENDED ORDER issued by Magistrate Judge Paul Papak: Resetting the following deadlines: Responses to pending Beck, Zanetti and Tarr motions due 3/12/2012. Defendants' expert rebuttal report due 3/22/2012. Plaintiffs and Defendants to each identify four (4) plaintiffs for inclusion as "Group I" (for trial on 10/9/12) by 4/3/2012. Court to randomly select four (4) or more additional plaintiffs (total of 12 plaintiffs) for inclusion as "Group I" (for trial on 10/9/12) by 4/6/2012. Joint ADR Report due by 4/10/2012. (Parties to consult and propose mediator and timing for mediation. If parties cannot agree as to mediator, each party to designate three (3) mediators. At any mediation to follow, defendants are instructed to provide notice to any entity which may indemnify it in the event of a plaintiffs' verdict and request the presence of a representative of that entity at the mediation.) Depositions of Plaintiffs' experts Carson, Gibb and Tarr, and of Defendants' experts Beck, Weill and Zanetti to be completed by 4/16/2012. Daubert and expert motions re: retained experts due 4/20/2012. Summary judgment and other dispositive motions due 5/4/2012. Responses to Daubert and expert motions due 5/18/2012. Responses to summary judgment and other dispositive motions due 5/29/2012. Replies to Daubert and expert motions due 6/8/2012. Replies to summary judgment and other dispositive motions due 6/15/2012. Daubert and expert motions, including the Motion to Exclude the Testimony of Defendants' Expert Dr. Paolo Zannetti #252 , Motion to Exclude and for Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit #255 and Motion to Exclude the Expert Testimony of Barbara Beck #260 , will be set for 6/21/2012 at 9:00AM. Summary judgment and other dispositive motions, once filed, will be set for 7/12/2012 at 9:30AM. Deposition designations to be completed by 8/13/2012. Deposition counter designations, exhibits lists and any motions in limine due 8/17/2012. Discovery re: trial plaintiffs to be completed by 8/22/2012. Objections to designations and exhibits, and responses to any motions in limine due 8/31/2012. Parties to meet and confer re: foregoing objections by 9/7/2012. Pretrial Conference set for 9/17/2012 at 9:30AM in Courtroom 10-B. The parties shall refer to the earlier issued Jury Trial Management Order #203 for instructions regarding submission of trial documents not specified in this scheduling order. Trial for Group I Plaintiffs to commence on 10/9/2012 at 9:00AM in Courtroom 10-B. (gm)
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Filing 296
Amended Exhibits 1 to Joint ADR Report re Joint ADR Report #295 . Filed by All Plaintiffs. (Sugerman, David)
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Filing 295
Joint ADR Report . Filed by All Plaintiffs. (Attachments: #1 Exhibit exhibit 1, #2 Exhibit exhibit 2)(Sugerman, David)
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Filing 294
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiff's E-mail Request dated 4/6/12 for permission to file overlength brief nunc pro tunc. Plaintiff's overlength brief 188 , filed 4/4/12, will be allowed. (gm)
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Filing 293
ORDER issued by Magistrate Judge Paul Papak: The following twelve names, four of which were selected by Plaintiffs, four of which were selected by Defendants, and four of which were randomly selected by the Court, are designated as the "Group I" Plaintiffs for inclusion in the trial set to begin on 10/9/2012: Arnold, Jason; Bixby, Rocky; Bjerklund, Ronald; Campredon, Colt; Ellis, Charles; Greer, Byron; Hadley, Matthew; Hedin, Brian; Pacheco, Vito; Roberta, Lawrence; Seamon, Charles; St Clair, Aaron. (gm)
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Filing 292
ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiffs' Motion to Compel #287 and Plaintiff's Motion for Sanctions #287 on the under advisement calendar of 4/24/2012. (gm)
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Filing 291
ORDER OF DISMISSAL AS TO DEFENDANT MICHAEL O'RIELLY (ONLY): It is Ordered that Plaintiff O'Rielly's Unopposed Motion to Dismiss #290 is Granted and that this action between Plaintiff Michael O'Rielly (only) and Defendants is Dismissed with prejudice and with each party to bear their own costs and attorneys fees. Pending motions as to this plaintiff, if any, are Denied as Moot. Signed on 4/4/12 by Magistrate Judge Paul Papak. (gm)
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Filing 290
Unopposed Motion to Dismiss . Filed by Michael O'Rielly. (Sugerman, David)
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Filing 289
Declaration of Gabriel Hawkins . Filed by All Plaintiffs. (Related document(s): Motion to compel #287 .) (Attachments: #1 Exhibit EX 1, #2 Exhibit EX 2, #3 Exhibit EX 3, #4 Exhibit EX 4, #5 Exhibit EX 5, #6 Exhibit EX 6, #7 Exhibit EX 7, #8 Exhibit EX 8, #9 Exhibit EX 9, #10 Exhibit EX 10, #11 Exhibit EX 11, #12 Exhibit EX 12, #13 Exhibit EX 13, #14 Exhibit EX 14, #15 Exhibit EX 15, #16 Exhibit EX 16, #17 Exhibit EX 17, #18 Exhibit EX 18, #19 Exhibit EX 19, #20 Exhibit EX 20, #21 Exhibit EX 21, #22 Exhibit EX 22, #23 Exhibit EX 23, #24 Exhibit EX 24, #25 Exhibit EX 25, #26 Exhibit EX 26, #27 Exhibit EX 27, #28 Exhibit EX 28, #29 Exhibit EX 29, #30 Exhibit EX 30, #31 Exhibit EX 31, #32 Exhibit EX 32, #33 Exhibit EX 33, #34 Exhibit EX 34, #35 Exhibit EX 35, #36 Exhibit EX 36, #37 Exhibit EX 37, #38 Exhibit EX 38, #39 Exhibit EX 39, #40 Exhibit EX 40, #41 Exhibit EX 41, #42 Exhibit EX 42, #43 Exhibit EX 43, #44 Exhibit EX 44, #45 Exhibit EX 45, #46 Exhibit EX 46, #47 Exhibit EX 47, #48 Exhibit EX 48) (Sugerman, David)
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Filing 288
Memorandum in Support of Plaintiffs' Motion to Compel and for Sanctions. Filed by All Plaintiffs. (Related document(s): Motion to compel #287 .) (Sugerman, David)
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Filing 287
Motion to Compel and for Sanctions. Oral Argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 286
Exhibit 5 (FILED UNDER SEAL). (Re: Plaintiffs' Reply in Support of Motion to Exclude the Testimony of Defendants' Expert Dr. Paolo Zannetti #282 ) Filed by All Plaintiffs. (ecp)
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Filing 285
Reply in Support to Motion for Imposition of Sanctions Motion to Exclude and for FRCP 37(c)(1) Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit #255 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 284
Reply Declaration of Patrick Dennis in Support to Motion to Strike Exclude the Testimony of Defendants' Expert Dr. Paolo Zannetti #252 Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit 4, #2 Exhibit 6) (Dennis, Patrick)
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Filing 283
Reply in Support to Motion to Strike Exclude the Testimony of Defendants' Expert Dr. Paolo Zannetti #252 Oral Argument requested. Filed by Jason Arnold, Scott Ashby, Carlos Avalos, Thomas Barella, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Daniel Grover, Matthew Hadley, Kelly Hafer, Brian Hedin, Leslie Ing, Dennis Jewell, Randy Keiper, Matt Kuhnel, Richard Lawrence, Jay Louisiana, Lewis Martin, James McGowan, Stephen Mueller, Michael O'Rielly, Vito Pacheco, Mary Jo Pullen-Hughes, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Aaron St. Clair, Kevin Stanger, Christopher Wangelin, Kevin Wilson, Donald Yeargin. (Dennis, Patrick)
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Filing 282
Reply in Support of Motion to Exclude Testimony of Expert Beck. Filed by All Plaintiffs. (Related document(s): Motion to Strike #260 .) (Hawkins, Gabriel)
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Filing 281
ORDER issued by Magistrate Judge Paul Papak: Resetting the following deadlines: Responses to pending Beck, Zanetti and Tarr motions due 3/12/2012. Defendants' expert rebuttal report due 3/22/2012. Plaintiffs and Defendants to each identify four (4) plaintiffs for inclusion as "Group I" (for trial on 10/9/12) by 4/3/2012. Court to randomly select four (4) or more additional plaintiffs (total of 12 plaintiffs) for inclusion as "Group I" (for trial on 10/9/12) by 4/6/2012. Joint ADR Report due by 4/10/2012. (Parties to consult and propose mediator and timing for mediation. If parties cannot agree as to mediator, each party to designate three (3) mediators. At any mediation to follow, defendants are instructed to bring a representative of any organization to that mediation which may indemnify it in the event of a plaintiffs' verdict.) Depositions of Plaintiffs' experts Carson, Gibb and Tarr, and of Defendants' experts Beck, Weill and Zanetti to be completed by 4/16/2012. Daubert and expert motions re: retained experts due 4/20/2012. Summary judgment and other dispositive motions due 5/4/2012. Responses to Daubert and expert motions due 5/18/2012. Responses to summary judgment and other dispositive motions due 5/29/2012. Replies to Daubert and expert motions due 6/8/2012. Replies to summary judgment and other dispositive motions due 6/15/2012. Daubert and expert motions, including the Motion to Exclude the Testimony of Defendants' Expert Dr. Paolo Zannetti #252 , Motion to Exclude and for Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit #255 and Motion to Exclude the Expert Testimony of Barbara Beck #260 , will be set for 6/21/2012 at 9:00AM. Summary judgment and other dispositive motions, once filed, will be set for 7/12/2012 at 9:30AM. Deposition designations to be completed by 8/13/2012. Deposition counter designations, exhibits lists and any motions in limine due 8/17/2012. Discovery re: trial plaintiffs to be completed by 8/22/2012. Objections to designations and exhibits, and responses to any motions in limine due 8/31/2012. Parties to meet and confer re: foregoing objections by 9/7/2012. Pretrial Conference set for 9/17/2012 at 9:30AM in Courtroom 10-B. The parties shall refer to the earlier issued Jury Trial Management Order #203 for instructions regarding submission of trial documents not specified in this scheduling order. Trial for Group I Plaintiffs to commence on 10/9/2012 at 9:00AM in Courtroom 10-B.
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Filing 280
ORDER issued by Magistrate Judge Paul Papak: Striking the Oral Argument of 3/7/2012 at 10:00AM re: Plaintiff's Motion to Exclude Testimony of Defendants' Expert Dr. Paolo Zannetti #252 . A new hearing date will be set in a forthcoming scheduling order. (gm)
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Filing 279
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 2/24/12. Scheduling order to issue shortly. David Sugerman; Michael Doyle; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 278
Declaration of J. Hoke Peacock III in Support of KBR's Opposition to Motion to Strike Exclude the Testimony of Defendants' Expert Dr. Paolo Zannetti #252 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2, #3 Exhibit 1, Part 3, #4 Exhibit 1, Part 4, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, Part 1, #11 Exhibit 7, Part 2, #12 Exhibit 8) (Harrison, Geoffrey) Modified on 2/27/2012 (dmd).
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Filing 277
Response in Opposition to Motion to Strike Exclude the Testimony of Defendants' Expert Dr. Paolo Zannetti #252 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 276
Affidavit in Opposition Affidavit of Barbara D. Beck, Ph.D., DABT, FATS - Exhibit 1 to KBR's Opposition to Motion to Strike Exclude the Expert Testimony of Barbara Beck #260 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 275
Response in Opposition to Motion to Strike Exclude the Expert Testimony of Barbara Beck #260 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 274
ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference for 2/24/2012 at 3:30PM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 273
Affidavit in Opposition Declaration of Patrick Dennis in Support of Plaintiffs' Response to Motion for Imposition of Sanctions Motion to Exclude and for FRCP 37(c)(1) Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit #255 . Filed by All Plaintiffs. (Attachments: #1 Exhibit 1 (Part 1), #2 Exhibit 1 (Part 2), #3 Exhibit 2 (Part 1), #4 Exhibit 2 (Part 2), #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5) (Dennis, Patrick)
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Filing 272
Memorandum in Opposition to Motion for Imposition of Sanctions Motion to Exclude and for FRCP 37(c)(1) Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit #255 . Filed by All Plaintiffs. (Attachments: #1 Proposed Order Denying Motion) (Dennis, Patrick)
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Filing 271
Status Report re: Conferral of Trial Plaintiff Selection and Scheduling per Dkt 269 by All Defendants. Filed by All Defendants. (Eden, Jeffrey)
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Filing 270
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion hearing held on January 27, 2012 before Judge Paul Papak, Court Reporter Nancy M. Walker, telephone number 503-326-8186. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterward it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 2/21/2012. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/14/2012. (Walker, Nancy)
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Filing 269
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 2/8/12. Order: By 2/15/2012, counsel are to confer and e-mail to the court their agreement as to the method of selecting plaintiffs who would be participating in trial and include a proposed briefing schedule pertaining to pending motions as well as other motions challenging experts, and dispositive motions. Counsel shall also include proposed dates for a Pretrial Conference. Order Resetting the following trial schedule: Pretrial Conference of 5/14/2012 at 9:30AM is Stricken and will be reset at a later date. 4-week Jury Trial reset from 6/5/2012 at 9:00AM to begin on 10/9/2012 at 9:00AM in Courtroom 10-B. David Sugerman; Michael Doyle; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 267
Clerk's Notice of Mailing to Movant Mary Jo Pullen-Hughes regarding Order denying Motion to Grant Filing of Amicus Curiae Brief 266 . (gm)
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Filing 266
ORDER issued by Magistrate Judge Paul Papak: Movant Mary Jo Pullen-Hughes' Motion to Grant Filing of Amicus Curiae Brief #265 is Denied. (gm)
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Filing 268
ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference for 2/8/2012 at 3:00PM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 265
Motion to Grant Filing of Amicus Curiae from Mary Jo Pullen-Hughes. Filed by Mary Jo Pullen-Hughes. (Attachments: #1 Amicus Curiae, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit A) (ecp)
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Filing 264
Exhibit 8 to Plaintiffs' Motion to Strike Exclude the Expert Testimony of Barbara Beck #260 , (FILED UNDER SEAL). Filed by All Plaintiffs. (Attachments: #1 Part 1 of 3, #2 Part 2 of 3, #3 Part 3 of 3) (ecp)
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Filing 263
Exhibit 1 to Plaintiffs' Motion to Strike Exclude the Expert Testimony of Barbara Beck #260 , (FILED UNDER SEAL). Filed by All Plaintiffs. (Attachments: #1 Part 1 of 4, #2 Part 2 of 4, #3 Part 3 of 4, #4 Part 4 of 4) (ecp)
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Filing 262
Declaration of Gabriel Hawkins in Support of Plaintiffs' Motin to Exclude the Expert Testimony of Barbara Beck. Filed by All Plaintiffs. (Related document(s): Motion to Strike #260 .) (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) (Sugerman, David)
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Filing 261
Memorandum in Support Motion to Exclude the Expert Testimony of Barbara Beck. Filed by All Plaintiffs. (Related document(s): Motion to Strike #260 .) (Sugerman, David)
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Filing 260
Motion to Strike Exclude the Expert Testimony of Barbara Beck. oral argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 259
Declaration of Jordan Connors In Support of Defendants' Motion to Exclude and for FRCP 37(c)(1) Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Imposition of Sanctions, #255 .) (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12) (Connors, Jordan)
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Filing 258
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 1/27/12. Order: Defendants' Motion for Summary Judgment #204 is taken under advisement as of 1/27/2012. David Sugerman; Michael Doyle; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden present as counsel for defendant(s). Court Reporter: Nancy Walker. (gm)
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Filing 257
Declaration of Paolo Zannetti In Support of Defendants' Motion to Exclude and for FRCP 37(c)(1) Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Imposition of Sanctions, #255 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2 Part 1, #3 Exhibit 2 Part 2) (Connors, Jordan)
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Filing 256
Memorandum in Support of Defendants' Motion to Exclude and for FRCP 37(c)(1) Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Imposition of Sanctions, #255 .) (Connors, Jordan)
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Filing 255
Motion for Imposition of Sanctions Motion to Exclude and for FRCP 37(c)(1) Sanctions re Mr. Tarr's Tardy Rebuttal Report and Portions of Mr. Tarr's Affidavit. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Connors, Jordan)
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Filing 254
ORDER issued by Magistrate Judge Paul Papak: Resetting Plaintiff's Motion to Exclude Testimony of Defendants' Expert Dr. Paolo Zannetti #252 from 1/27/2012 at 10:00AM to the Oral Argument Calendar of 3/7/2012 at 10:00AM in Courtroom 10-B. (gm)
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Filing 253
ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiff's Motion to Exclude Testimony of Defendants' Expert Dr. Paolo Zannetti #252 on the Oral Argument Calendar of 1/27/2012 at 10:00AM in Courtroom 10-B (at the time set for oral argument on dispositive motions). (gm)
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Filing 252
Motion to Strike Exclude the Testimony of Defendants' Expert Dr. Paolo Zannetti. Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Attachment Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order Granting Motion) (Dennis, Patrick)
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Filing 251
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on December 16, 2011, before Judge Paul Papak, Court Reporter Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/23/2012. Redaction Request due 2/6/2012. Redacted Transcript Deadline set for 2/16/2012. Release of Transcript Restriction set for 4/16/2012. (Erwin, Jill)
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Filing 250
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 1/11/12. Order: Setting Defendants' Motion for Summary Judgment #204 on the Oral Argument Calendar of 1/27/2012 at 10:00AM in Courtroom 10-B. David Sugerman; Michael Doyle; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 249
STIPULATED ORDER COMPELLING PRODUCTION OF OREGON NATIONAL GUARD RECORDS. Signed on 1/10/12 by Magistrate Judge Paul Papak. (gm)
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Filing 248
Stipulated Motion and Order to Compel Production of Oregon National Guard Records. Filed by All Parties. (Eden, Jeffrey) Modified on 1/10/2012 (dmd).
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Filing 247
ORDER issued by Magistrate Judge Paul Papak: Resetting the Telephone Conference from 1/9/2012 at 2:30PM to 1/11/2012 at 2:30PM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 246
ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Conference for 1/9/2012 at 2:30PM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 245
AMENDED STIPULATED PROTECTIVE ORDER. Signed on 1/3/12 by Magistrate Judge Paul Papak. (gm)
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Filing 244
OPINION and ORDER - For the reasons set forth, defendants' motion #225 for imposition of sanctions is GRANTED in PART and DENIED in PART as discussed herein. Dated this 30th day of December, 2011, by U.S. Magistrate Judge Paul Papak. (peg)
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Filing 243
Stipulated Motion for Protective Order AMENDED. Filed by All Parties. (Eden, Jeffrey)
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Filing 242
Transcript Designation and Order Form for the hearing held on Dec. 16, 2011 before Judge Papak. Court Reporter: Jill Erwin. . Filed by All Defendants. Transcript is due by 1/30/2012. (Eden, Jeffrey)
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Filing 241
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 12/16/11. Order: Defendants' Motion for Summary Judgment #204 and Defendants' Motion to Exclude and for FRCP 37(c)(1) Sanctions re: Dr. Carson's Five-Months Tardy "Supplemental" Report and Declaration #225 are taken under advisement as of 12/16/2011. Order: Defendants' Motion for Expedited Hearing re: Motion to Exclude #225 is Denied as Moot. David Sugerman; Michael Doyle; Gabriel Hawkins present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden present as counsel for defendant(s). Court Reporter: Jill Erwin. (gm)
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Filing 240
ORDER OF DISMISSAL AS TO PLAINTIFFS CARLOS AVALOS, LEWIS MARTIN AND CHRISTOPHER WANGELIN (ONLY): It is Ordered that the parties' Stipulated Motion for Dismissal #238 is Granted and that this action is Dismissed with prejudice as to Plaintiffs Carlos Avalos, Lewis Martin and Christopher Wangelin (only) and with each party to bear their own costs and attorneys fees. Pending motions as to these plaintiffs, if any, are Denied as Moot. Signed on 12/16/11 by Magistrate Judge Paul Papak. (gm)
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Filing 238
Stipulated Motion to Dismiss Plaintiffs Avalos, Martin, and Wangelin. Filed by Jason Arnold, Scott Ashby, Carlos Avalos, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Matthew Hadley, Kelly Hafer, Brian Hedin, Leslie Ing, Dennis Jewell, KBR Technical Services, Inc., KBR, Inc., Randy Keiper, Kellogg, Brown & Root Service, Inc., Matt Kuhnel, Richard Lawrence, Jay Louisiana, Lewis Martin, James McGowan, Stephen Mueller, Michael O'Rielly, Overseas Administration Services, Ltd., Vito Pacheco, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Service Employees International, Inc., Aaron St. Clair, Kevin Stanger, Christopher Wangelin, Kevin Wilson, Donald Yeargin. (Eden, Jeffrey)
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Filing 236
Affidavit of Chanler A. Langham in Support of Motion Defendants' Reply in Support of Motion to Exclude and for FRCP 37(c)(1) Sanctions re Dr. Carson's Five-Months Tardy "Supplemental" Report and Declaration, Affidavit of Chanler A. Langham . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Imposition of Sanctions, #225 .) (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10) (Harrison, Geoffrey)
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Filing 235
Reply In Support of to Motion for Imposition of Sanctions Defendants' Motion to Exclude and for FRCP 37(c)(1) Sanctions re Dr. Carson's Five-Months Tardy "Supplemental" Report and Declaration, Motion for Expedited Hearing, and Certificate of Compliance #225 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 239
Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Reply to Motion, (FILED UNDER SEAL),, #237 filed by KBR, Inc.. A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The above filing was docketed using the wrong event and also had the wrong docket text. The event and docket text have been changed to reflect its title :Exhibit 21 to Affidavit of Chanler A. Langham in Support of Reply in Support of Defendants' FRCP 56(b) Motion for Summary Judgment re Causation (ecp)
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Filing 237
Exhibit 21 to Affidavit of Chanler A. Langham #236 in Support of Reply in Support of Defendants' Motion for Summary Judgment FRCP 56(b) re Causation #204 , (FILED UNDER SEAL). Filed by KBR, Inc.. (ecp) Modified on 12/15/2011 (ecp).
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Filing 234
Exhibit 11 to Memorandum in Opposition to Defendants' Motion to Exclude #231 , (FILED UNDER SEAL). Filed by All Plaintiffs. (Attachments: #1 Part 2 of 3 Exhibit 11 to Memo in Oppostion to Motion to Exclude.pdf, #2 Part 3 of 3 Exhibit to Memo in Oppostion to Motion to Exclude.pdf) (ecp)
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Filing 233
Exhibit 10 to Memorandum in Opposition to Defendants' Motion to Exclude #231 , (FILED UNDER SEAL). Filed by All Plaintiffs. (ecp)
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Filing 232
Exhibit 9 to Memorandum in Opposition to Defendants' Motion to Exclude #231 , (FILED UNDER SEAL). Filed by All Plaintiffs. (ecp)
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Filing 231
Memorandum in Opposition to Motion for Imposition of Sanctions Defendants' Motion to Exclude and for FRCP 37(c)(1) Sanctions re Dr. Carson's Five-Months Tardy "Supplemental" Report and Declaration, Motion for Expedited Hearing, and Certificate of Compliance #225 . Filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12) (Hawkins, Gabriel)
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Filing 230
Reply In Support of Defendants' to Motion for Summary Judgment FRCP 56(b) re Causation and Certificate of Compliance with LR 7.1 #204 Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Attachments: #1 Appendix Affidavit of Chanler Langham, #2 Exhibit 21 FILED UNDER SEAL, #3 Exhibit 22, #4 Exhibit 23, #5 Exhibit 24, #6 Exhibit 25, #7 Exhibit 26, #8 Exhibit 27, #9 Exhibit 28.1, #10 Exhibit 28.2, #11 Exhibit 28.3) (Harrison, Geoffrey)
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Filing 229
Stipulation Regarding the Use of the Deposition of William Bedman by Jason Arnold, Scott Ashby, Carlos Avalos, Thomas Barella, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Daniel Grover, Matthew Hadley, Kelly Hafer, Halliburton Company, Halliburton Energy Services, Inc., Brian Hedin, Leslie Ing, Dennis Jewell, KBR Technical Services, Inc., KBR, Inc., Randy Keiper, Kellogg, Brown & Root Service, Inc., Matt Kuhnel, Richard Lawrence, Jay Louisiana, Lewis Martin, James McGowan, Stephen Mueller, Michael O'Rielly, Overseas Administration Services, Ltd., Vito Pacheco, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Service Employees International, Inc., Aaron St. Clair, Kevin Stanger, Christopher Wangelin, Kevin Wilson, Donald Yeargin. Filed by Jason Arnold, Scott Ashby, Carlos Avalos, Thomas Barella, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Daniel Grover, Matthew Hadley, Kelly Hafer, Halliburton Company, Halliburton Energy Services, Inc., Brian Hedin, Leslie Ing, Dennis Jewell, KBR Technical Services, Inc., KBR, Inc., Randy Keiper, Kellogg, Brown & Root Service, Inc., Matt Kuhnel, Richard Lawrence, Jay Louisiana, Lewis Martin, James McGowan, Stephen Mueller, Michael O'Rielly, Overseas Administration Services, Ltd., Vito Pacheco, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Service Employees International, Inc., Aaron St. Clair, Kevin Stanger, Christopher Wangelin, Kevin Wilson, Donald Yeargin. (Dennis, Patrick)
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Filing 228
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 12/2/11. Order Setting/Resetting the following deadlines: Defendant KBR's reply to response to Defendants' motion for summary judgment due 12/9/2011. Plaintiffs' response to "Carson" motion due by 10:00AM on 12/12/2011. Defendant KBR's reply to "Carson" motion due by midnight on 12/14/2011. Order: Resetting Defendants' Motion for Summary Judgment #204 from 12/9/2011 at 10:00AM to the oral argument calendar of 12/16/2011 at 9:30AM in Courtroom 10-B. Order: Setting Defendants' Motion to Exclude and for Sanctions Re: Dr. Carson's Five-months Tardy "Supplemental" Report and Declaration 2251 on the oral argument calendar of 12/16/2011 at 9:30AM in Courtroom 10-B. Michael Doyle; Gabriel Hawkins; David Sugerman present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 227
Affidavit of Jordon Connors in Support of Motion to Exclude and for FRCP 37(c)(1) Sanctions re Dr. Carson's Five-Months Tardy "Supplemental" Report and Declaration. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Imposition of Sanctions, #225 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Harrison, Geoffrey)
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Filing 226
Memorandum in Support of Defendants' Motion to Exclude and for FRCP 37(c)(1) Sanctions re Dr. Carson's Five-Months Tardy "Supplemental" Report and Declaration. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Imposition of Sanctions, #225 .) (Harrison, Geoffrey)
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Filing 225
Motion for Imposition of Sanctions Defendants' Motion to Exclude and for FRCP 37(c)(1) Sanctions re Dr. Carson's Five-Months Tardy "Supplemental" Report and Declaration, Motion for Expedited Hearing, and Certificate of Compliance with LR 7.1. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 224
Exhibits re Response in Opposition to Motion,,, #218 . Filed by All Plaintiffs. (Attachments: #1 Exhibit 11, #2 Errata 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, #23 Exhibit 33, #24 Exhibit 34, #25 Exhibit 35, #26 Exhibit 36, #27 Exhibit 37, #28 Exhibit 38, #29 Exhibit 39, #30 Exhibit 40, #31 Exhibit 41, #32 Exhibit 42, #33 Exhibit 43, #34 Exhibit 44, #35 Exhibit 45, #36 Exhibit 46, #37 Exhibit 47, #38 Exhibit 48, #39 Exhibit 49, #40 Exhibit 50, #41 Exhibit 51, #42 Exhibit 52, #43 Exhibit 53, #44 Exhibit 54, #45 Exhibit 55, #46 Exhibit 56, #47 Exhibit 57, #48 Exhibit 58, #49 Exhibit 59, #50 Exhibit 60, #51 Exhibit 61, #52 Exhibit 62, #53 Exhibit 63, #54 Exhibit 64, #55 Exhibit 65, #56 Exhibit 66, #57 Exhibit 67, #58 Exhibit 68) (Sugerman, David)
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Filing 223
Exhibit 69 re Response in Opposition to Defendants Motion for Summary Judgment #218 , (FILED UNDER SEAL). Filed by All Plaintiffs. (Attachments: #1 Exhibit SEALED Exhibit 69 ( Part 2 of 3 ) to Plaintiffs Opposition to Sum. Judgment.pdf, #2 Exhibit SEALED Exhibit 69 ( Part 3 of 3 ) to Plaintiffs Opposition to Sum. Judgment.pdf) (ecp)
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Filing 222
Exhibit 23 re Response in Opposition to Defendants; Motion for Summary Judgment #218 , (FILED UNDER SEAL). Filed by All Plaintiffs. (ecp)
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Filing 221
Declaration of Marla Pfaff . Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion,,, #218 .) (Sugerman, David)
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Filing 220
Declaration of David Sugerman. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion,,, #218 .) (Attachments: #1 69, #2 70, #3 71) (Sugerman, David)
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Filing 219
Affidavit of Gabe Hawkins . Filed by Jason Arnold, Scott Ashby, Carlos Avalos, Thomas Barella, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Daniel Grover, Matthew Hadley, Kelly Hafer, Brian Hedin, Leslie Ing, Dennis Jewell, Randy Keiper, Matt Kuhnel, Richard Lawrence, Jay Louisiana, Lewis Martin, James McGowan, Stephen Mueller, Michael O'Rielly, Vito Pacheco, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Aaron St. Clair, Kevin Stanger, Christopher Wangelin, Kevin Wilson, Donald Yeargin. (Related document(s): Response in Opposition to Motion,,, #218 .) (Attachments: #1 1, #2 2 part 1, #3 2 part 2, #4 3, #5 4, #6 5, #7 6, #8 7, #9 8, #10 9, #11 10) (Sugerman, David)
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Filing 218
Response in Opposition to Motion for Summary Judgment FRCP 56(b) re Causation and Certificate of Compliance with LR 7.1 #204 oral argument requested. Filed by Jason Arnold, Scott Ashby, Carlos Avalos, Thomas Barella, Rocky Bixby, Ronald Bjerklund, Jason Blain, James Borja, Jesus Bruno, Colt Campredon, Charles Ellis, Devon Fields, Stephen Foster, Adanrolando Garcia, Byron Greer, Daniel Grover, Matthew Hadley, Kelly Hafer, Brian Hedin, Leslie Ing, Dennis Jewell, Randy Keiper, Matt Kuhnel, Richard Lawrence, Jay Louisiana, Lewis Martin, James McGowan, Stephen Mueller, Michael O'Rielly, Vito Pacheco, Lawrence Roberta, Dennis Rosgen, John Rydquist, Charles Seamon, Aaron St. Clair, Kevin Stanger, Christopher Wangelin, Kevin Wilson, Donald Yeargin. (Sugerman, David)
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Filing 217
Order Granting Application for Special Admission Pro Hac Vice of Gabriel A. Hawkins for Scott Ashby,Rocky Bixby, Charles Ellis,Matthew Hadley, Lawrence Roberta. Application Fee in amount of $100 collected. Receipt No. 43810 issued. Signed on 11/10/2011 by Magistrate Judge Paul Papak. (ecp)
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Filing 216
Motion for Leave to Appear Pro Hac Vice . Filed by All Plaintiffs. (Sugerman, David)
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Filing 215
Joint Stipulation Regarding Defendants' Right to Rely Upon Plaintiffs' Interrogatory Responses to Identify All Claimed Injuries and Damages for Each Plaintiff by All Parties. Filed by All Parties. (Langham, Chanler)
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Filing 214
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Scheduling Conference held 10/13/11. Order: The parties have agreed on the following schedule: Defendants are to designate experts re: medical issues, toxicology, epidemiology and any other expert opinions related to plaintiff-specific medical issues on the following schedule: (1) by 11/15/2011 for those plaintiffs whose deposition have been completed by 9/30/2011, (2) by 12/15/2011 for those plaintiffs whose depositions are completed by 10/31/2011, (3) by 1/15/2012 for those plaintiffs whose depositions are completed by 11/30/2011. The parties intend to complete the depositions of all plaintiffs by 11/30/2011, but the parties also recognize that may not be possible and, therefore, defendants designations shall continue to become due by the 15th day of each month for those plaintiffs whose depositions are completed 45 days earlier (e.g. due by 2/15/2012 for plaintiffs whose depositions are completed by 12/31/11, etc.). Order Resetting the following deadline: Dispositive motions deadline reset to 2/13/2012. Order: Granting Plaintiff's E-mail Request dated 10/11/11 for extension of time as follows: Response to Defendants' pending motion for summary judgment due by 11/14/2011. Reply to response due by 12/2/2011. Order: Resetting Defendants' Motion for Summary Judgment #204 from 11/21/2011 at 10:00AM to the Oral Argument Calendar of 12/9/2011 at 10:00AM in Courtroom 10-B. David Sugerman; Michael Doyle present as counsel for plaintiff(s). Jeffrey Eden; Geoffrey Harrison present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 213
Notice of Association of Attorney David F. Sugerman,Amy Johnson for Matt Kuhnel,Amy Johnson for James McGowan,Amy Johnson for Byron Greer,Amy Johnson for Charles Ellis,Amy Johnson for Jason Blain,Amy Johnson for Brian Hedin,Amy Johnson for Rocky Bixby,Amy Johnson for Stephen Foster,Amy Johnson for Vito Pacheco,Amy Johnson for Lewis Martin,Amy Johnson for Aaron St. Clair,Amy Johnson for Richard Lawrence,Amy Johnson for Stephen Mueller,Amy Johnson for Charles Seamon,Amy Johnson for John Rydquist,Amy Johnson for Dennis Rosgen,Amy Johnson for James Borja,Amy Johnson for Adanrolando Garcia,Amy Johnson for Kelly Hafer,Amy Johnson for Jay Louisiana,Amy Johnson for Devon Fields,Amy Johnson for Dennis Jewell,Amy Johnson for Jesus Bruno,Amy Johnson for Donald Yeargin,Amy Johnson for Christopher Wangelin,Amy Johnson for Randy Keiper,Amy Johnson for Lawrence Roberta,Amy Johnson for Carlos Avalos,Amy Johnson for Kevin Stanger,Amy Johnson for Jason Arnold,Amy Johnson for Ronald Bjerklund,Amy Johnson for Matthew Hadley,Amy Johnson for Leslie Ing,Amy Johnson for Colt Campredon,Amy Johnson for Kevin Wilson,Amy Johnson for Michael O'Rielly,Amy Johnson for Scott Ashby. Filed by All Plaintiffs (Sugerman, David)
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Filing 212
Notice of Change of Address for plaintiffs' counsel Filed by All Plaintiffs (Sugerman, David)
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Filing 211
ORDER issued by Magistrate Judge Paul Papak: Setting a Telephone Scheduling Conference for 10/13/2011 at 11:00AM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 210
(FILED UNDER SEAL), Exhibit 19 re Affidavit to Chanler Langham in Support of Motion #206 . Filed by KBR Technical Services, Inc.. (Attachments: #1 Exhibit 09-632 SEALED Affidavit to Chanler Langham Attachment (PART 1) to Exhibit 19.pdf, #2 Exhibit 09-632 SEALED Affidavit to Chanler Langham Attachment (PART 2) to Exhibit 19.pdf, #3 Exhibit 09-632 SEALED Affidavit to Chanler Langham Attachment (PART 3) to Exhibit 19.pdf) (ecp)
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Filing 209
Notice of Attorney Withdrawal: of Amanda Halter Filed by All Plaintiffs (Attachments: #1 Proposed Order Granting Withdrawal of Amanda Halter) (Dennis, Patrick)
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Filing 208
ORDER issued by Magistrate Judge Paul Papak: Setting Defendants' Motion for Summary Judgment #204 on the Oral Argument Calendar of 11/21/2011 at 10:00AM in Courtroom 10-B. (gm)
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Filing 206
Affidavit of Chanler Langham in Support of Motion for Summary Judgment FRCP 56(b) re Causation. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Summary Judgment, #204 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3-Part 1, #4 Exhibit 3-Part 2, #5 Exhibit 3-Part 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 Attachment Filed Under Seal Cover Page, #23 Exhibit 20) (Harrison, Geoffrey)
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Filing 205
Memorandum in Support of Defendants' FRCP 56(b) Motion for Summary Judgment re Causation. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Summary Judgment, #204 .) (Harrison, Geoffrey)
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Filing 204
Motion for Summary Judgment FRCP 56(b) re Causation and Certificate of Compliance with LR 7.1. Oral Argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Harrison, Geoffrey)
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Filing 207
ORDER issued by Magistrate Judge Paul Papak: Granting Defendant's unopposed E-mail Request dated 9/29/11 for extension of time. Expert designation deadline for Defendants' air modeling expert is extended to 10/7/2011. (gm)
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Filing 203
JURY TRIAL MANAGEMENT ORDER. Signed on 8/1/11 by Magistrate Judge Paul Papak. (gm)
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Filing 201
Full Consent (reinstated) by all Parties to Jurisdiction by US Magistrate Judge. (gm)
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Filing 200
JUDGMENT AS TO DEFENDANTS HALLIBURTON COMPANY AND HALLIBURTON ENTERGY SERVICES INC. (ONLY): Based on the Opinion and Order entered on 7/20/11, it is Ordered and Adjudged that this action is Dismissed with prejudice as to Defendants Halliburton Company and Halliburton Energy Services Inc. (only). Pending motions as to these defendants, if any, are Denied as Moot. Signed on 7/28/11 by Judge Marco A. Hernandez. (gm)
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Filing 202
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephone Conference held 7/25/11. Order Resetting the following deadlines: Defendants to designate experts re: Iraqi law, industrial hygiene, air testing/modeling and other general causation topics not related to plaintiff-specific medical issues by 9/30/2011. Defendants to designate experts re: medical issues, toxicology, epidemiology and any other expert opinions related to plaintiff-specific medical issues by 10/31/2011. Discovery to be completed by 12/30/2011. Joint ADR Report is Waived. Dispositive motions/Daubert motions deadline set for 1/13/2012. Pretrial Order is Waived. Order Setting the following trial schedule: Pretrial Conference set for 5/14/2012 at 9:30AM in Courtroom 10-B. 4-week Jury Trial set to begin on 6/5/2012 at 9:00AM in Courtroom 10-B. David Sugerman; Michael Doyle present as counsel for plaintiff(s). Jeffrey Eden; Geoffrey Harrison; Jordan Connors; Randall Jones present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 199
OPINION & ORDER: This court adopts the Magistrate Judge's Findings & Recommendation #192 . The Halliburton Defendants' motion to dismiss for lack of personal jurisdiction #145 is granted and their motion to dismiss for lack of subject matter jurisdiction #172 is denied as moot. See 5-page opinion and order attached. Signed on 7/20/2011 by Judge Marco A. Hernandez. (mr)
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Filing 198
Response to Objections. Filed by All Plaintiffs. (Sugerman, David)
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Filing 197
Order - Granting Application for Special Admission Pro Hac Vice of Chanler A. Langham for KBR Technical Services, Inc., KBR, Inc.,Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd. and Service Employees International, Inc.. Application Fee in amount of $100 collected. Receipt No. 41343 issued. Signed on 7/7/2011 by Magistrate Judge Paul Papak. (ecp)
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Filing 196
Motion for Leave to Appear Pro Hac Vice. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 195
Objections to Findings & Recommendation: Motion to Dismiss for Lack of Jurisdiction (Subject Matter) #172 , Motion to Dismiss for Lack of Jurisdiction (re-filing Motion re: Fifth Amended Complaint) #145 should be grantedFindings & Recommendation: Motion to Dismiss for Lack of Jurisdiction (Subject Matter) #172 , Motion to Dismiss for Lack of Jurisdiction (re-filing Motion re: Fifth Amended Complaint) #145 should be granted #192 . Filed by Halliburton Company, Halliburton Energy Services, Inc.. (Eden, Jeffrey)
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Filing 194
Objections to Findings & Recommendation: Motion to Dismiss for Lack of Jurisdiction (Subject Matter) #172 , Motion to Dismiss for Lack of Jurisdiction (re-filing Motion re: Fifth Amended Complaint) #145 should be grantedFindings & Recommendation: Motion to Dismiss for Lack of Jurisdiction (Subject Matter) #172 , Motion to Dismiss for Lack of Jurisdiction (re-filing Motion re: Fifth Amended Complaint) #145 should be granted #192 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Attachments: #1 Exhibit 1) (Eden, Jeffrey)
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Filing 193
ORDER issued by Magistrate Judge Paul Papak: Findings & Recommendation #192 is referred to Judge Marco A. Hernandez for review. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. (gm)
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Filing 192
Findings & Recommendation: Halliburton defendants' motion #145 to dismiss for lack of personal jurisdiction should be granted, the Halliburton defendants' motion #172 to dismiss for lack of subject-matter jurisdiction should be denied as moot, and plaintiffs' claims should be dismissed to the extent alleged against the Halliburton defendants. Signed on 6/16/11 by Magistrate Judge Paul Papak. (gm)
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Filing 191
Order - Granting Application for Special Admission Pro Hac Vice of Jordan W. Connors for KBR Technical Services, Inc., KBR, Inc.,J Kellogg, Brown & Root Service, Inc.,and Overseas Administration Services, Ltd.,Jordan W. Connors for Service Employees International, Inc.. Application Fee in amount of $100 collected. Receipt No. 40843 issued. Signed on 6/8/2011 by Magistrate Judge Paul Papak. (ecp)
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Filing 190
Unopposed Motion for Leave to Appear Pro Hac Vice -Application for Pro Hac Vice. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 189
ORDER issued by Magistrate Judge Paul Papak: Granting Defendant's unopposed E-mail Request dated 5/27/11 for extension of time as follows: Plaintiffs to designate experts by 6/10/2011. Defendants are to designate experts by 8/15/2011. (gm)
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Filing 188
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 5/3/11. Order: Halliburton Defendants' (Revised) Rule 12 Motion to Dismiss re: Fifth Amended Complaint (Personal Jurisdiction) #145 and Halliburton Defendants' Rule 12 Motion to Dismiss re: Fifth Amended Complaint (Subject Matter Jurisdiction) #172 are taken under advisement as of 5/3/2011. David Sugarman; Michael Doyle present as counsel for plaintiff(s). Jeffrey Eden; Kurt Hamrock; Randall Jones; Geoffrey Harrison (by telephone) present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (gm)
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Filing 187
Reply to Motion to Dismiss for Lack of Jurisdiction (Subject Matter) #172 oral argument requested. Filed by Halliburton Company, Halliburton Energy Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Eden, Jeffrey)
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Filing 186
Notice of Appearance of Jeffrey S. Eden appearing on behalf of Halliburton Company, Halliburton Energy Services, Inc. Appearing: Randall Jones, Raymond Biagini, and Kurt Hamrock Filed by on behalf of Halliburton Company, Halliburton Energy Services, Inc. (Eden, Jeffrey)
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Filing 184
ORDER issued by Magistrate Judge Paul Papak: Granting Defendants' unopposed E-mail Request dated 4/21/11 for extension of time as follows: Plaintiffs to designate experts by 6/1/2011. Defendants are to designate experts by 7/15/2011. Discovery to be completed by 10/17/2011. Dispositive motions deadline is reset to 11/14/2011. (gm)
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Filing 183
Notice of Attorney Withdrawal: Stephen F. Deatherage/Request to Remove Name from CM-ECF Notifications Filed by All Defendants (Deatherage, Stephen)
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Filing 182
Reply to Motion to Dismiss for Lack of Jurisdiction (re-filing Motion re: Fifth Amended Complaint) #145 oral argument requested. Filed by Halliburton Company, Halliburton Energy Services, Inc.. (Eden, Jeffrey)
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Filing 181
Notice of Change of Address and firm Filed by All Defendants (Eden, Jeffrey)
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Filing 180
Declaration of David F. Sugerman. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #179 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Sugerman, David)
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Filing 179
Response in Opposition to Motion to Dismiss for Lack of Jurisdiction (Subject Matter) #172 oral arugument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 178
Corrected Declaration of Amanda Halter in Support of Plaintiffs' Opposition to Defendants Halliburton Company and Halliburton Energy Services, Inc.'s Motion to Dismiss for Lack of Jurisdiction. FILED UNDER SEAL . Filed by All Plaintiffs. (Related document(s): Declaration #177 Corrected only as to title.) (ecp)
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Filing 177
Declaration of Amanda Halter in Support of Plaintiffs' Opposition to Defendants Halliburton Company and Halliburton Energy Services, Inc's Motion to Use Deposition Testimony Taken in a Prior Proceeding. FILED UNDER SEAL Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion #176 .) (sd) (Additional attachment(s) added on 4/7/2011: #1 Exhibit 1 of 22, #2 Exhibit 2 of 22, #3 Exhibit 3 of 22, #4 Exhibit 4 of 22, #5 Exhibit 5 of 22, #6 Exhibit 6 of 22, #7 Exhibit 7 of 22, #8 Exhibit 8 of 22, #9 Exhibit 9 of 22, #10 Exhibit 10 of 22, #11 Exhibit 11 of 22, #12 Exhibit 12 of 22, #13 Exhibit 13 of 22, #14 Exhibit 14 of 22, #15 Exhibit 15 of 22, #16 Exhibit 16 of 22, #17 Exhibit 17 of 22, #18 Exhibit 18 of 22, #19 Exhibit 19 of 22, #20 Exhibit 20 of 22, #21 Exhibit 21 of 22, #22 Exhibit 22 of 22) (sd).
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Filing 176
Response in Opposition to Motion to Dismiss for Lack of Jurisdiction (re-filing Motion re: Fifth Amended Complaint) #145 Oral Argument requested. Filed by All Plaintiffs. (Halter, Amanda)
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Filing 175
ORDER issued by Magistrate Judge Paul Papak: Setting Halliburton Defendants' Motion to Dismiss re: Fifth Amended Complaint (Subject Matter Jurisdiction) #172 on the Oral Argument Calendar of 5/3/2011 at 10:00AM in Courtroom 10-B (at the time set for oral argument on an earlier pending dismissal motion). (gm)
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Filing 174
OPINION & ORDER: Plaintiffs' motion #149 for leave to use in this action depositions taken in connection with a prior arbitral proceeding is Denied with leave to refile as discussed above, Plaintiffs' motion #154 for this Court's order that the document bearing Bates numbers MCM 051880-051886 is not properly designated as "Subject to Protective Order" for purposes of the parties' Stipulated Protective Order is Granted, and Defendants' motion #161 for a protective order to limit plaintiffs' use of the document bearing Bates numbers MCM 051880-051886 is Denied. Signed on 3/31/11 by Magistrate Judge Paul Papak. (gm)
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Filing 173
Memorandum in Support. Filed by Halliburton Company, Halliburton Energy Services, Inc.. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #172 .) (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) (Eden, Jeffrey)
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Filing 172
Motion to Dismiss for Lack of Jurisdiction (Subject Matter). Oral Argument requested. Filed by Halliburton Company, Halliburton Energy Services, Inc.. (Eden, Jeffrey)
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Filing 185
AMENDED MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 3/28/11. Order: Plaintiffs' Motion to Use Deposition Testimony Taken in a Prior Proceeding #149 , Plaintiffs' Motion to Enforce Interim Protective Order #154 and KBR Defendants' Motion for Protective Order #161 are taken under advisement as of 3/28/2011. David Sugerman; Michael Doyle present as counsel for plaintiff(s). Jeffrey Eden; Geoffrey Harrison present as counsel for defendant(s). Court Reporter: Denise Zito. (gm)
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Filing 169
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Oral Argument held 3/29/11. Order: Plaintiffs' Motion to Use Deposition Testimony Taken in a Prior Proceeding #149 , Plaintiffs' Motion to Enforce Interim Protective Order #154 and KBR Defendants' Motion for Protective Order #161 are taken under advisement as of 3/28/2011. David Sugerman; Michael Doyle present as counsel for plaintiff(s). Jeffrey Eden; Geoffrey Harrison present as counsel for defendant(s). Court Reporter: Denise Zito. (gm)
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Filing 168
Order for Administrative Correction of the Record regarding Declaration, 167 filed by Randy Keiper, James Borja, Stephen Mueller, Daniel Grover, Thomas Barella, Jason Blain, Byron Greer, Aaron St. Clair, Adanrolando Garcia, Jay Louisiana, Ronald Bjerklund, Vito Pacheco, Matt Kuhnel, Kevin Wilson, Stephen Foster, Brian Hedin, Richard Lawrence, Scott Ashby, James McGowan, Lawrence Roberta, Kevin Stanger, Charles Ellis, Dennis Rosgen, Jesus Bruno, Jason Arnold, Colt Campredon, Carlos Avalos, Lewis Martin, Michael O'Rielly, Christopher Wangelin, Dennis Jewell, Matthew Hadley, Rocky Bixby, Kelly Hafer, Donald Yeargin, John Rydquist, Devon Fields, Charles Seamon, Leslie Ing. A Clerical error has been discovered in the case record. In accordance with Fed. R. Civ. P. 60(a), the Clerk is directed to make the following administrative corrections to the record and to notify all parties accordingly. Document 167 was electronically filed in error. The document should have been filed under seal. Document #167 is now sealed. (mkk)
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Filing 171
Reply Declaration of David F. Sugerman Regarding Plaintiffs' Motion to Enforce Interim Protective Order. FILED UNDER SEAL Filed by All Plaintiffs. (Related document(s): Motion for Protective Order #154 .) (ecp) (
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Filing 170
Declaration of Amanda Halter in Support of Reply to Response to Plaintiffs' Motion to Enforce Interim Protective Order. FILED UNDER SEAL Filed by All Plaintiffs. (Related document(s): Reply to Motion #165 .) (ecp) (Additional attachment(s) added on 3/29/2011: #1 Exhibit Sealed exhibits 1-3, #2 Exhibit Seled exhibit 4, #3 Exhibit Sealed exhibit 5 pages 1-25, #4 Exhibit Sealed exhibits 25-42, #5 Exhibit Sealed exhibits 43-60, #6 Exhibit Sealed exhibits 61-80, #7 Exhibit Sealed exhibits 81-100, #8 Exhibit Sealed exhibits 101-120, #9 Exhibit Sealed exhibits 121-142) (ecp).
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Filing 166
Response in Opposition to Motion for Protective Order #161 oral arugument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 165
Reply to Motion for Protective Order to enforce interim protective order #154 oral arugument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 163
ORDER issued by Magistrate Judge Paul Papak: Setting KBR Defendants' Motion for Protective Order #161 on the Telephonic Oral Argument Calendar of 3/28/2011 at 10:00AM in Chambers (at the time set for hearing on other discovery motions). The Court will initiate the call to counsel. (gm)
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Filing 164
Declaration of Cynthia Causseaux Obuz in Support of KBR Defendants' Response in Opposition to Plaintiffs' Motion to Enforce Interim Protective Order. Filed by KBR Defendants. FILED UNDER SEAL (Related document(s): Response to Motion, #160 .) (ecp) (Additional attachment(s) added on 3/24/2011: #2 Exhibit Exhibits 1-10 SEALED, #3 Exhibit Exhibits 11-21) (ecp).
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Filing 162
Memorandum in Support. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Related document(s): Motion for Protective Order #161 .) (Eden, Jeffrey)
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Filing 161
Motion for Protective Order. oral argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 160
Response to Motion for Protective Order to enforce interim protective order #154 oral argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 159
Response to Motion to use deposition testimony taken in a prior proceeding #149 oral argument requested. Filed by Halliburton Company, Halliburton Energy Services, Inc.. (Deatherage, Stephen)
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Filing 158
Response to Motion to use deposition testimony taken in a prior proceeding #149 oral argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Attachments: #1 Exhibit 1-9) (Deatherage, Stephen)
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Filing 157
DOCUMENT FILED UNDER SEAL Declaration of David F. Sugerman Regarding Plaintiffs' Motion to Enforce Interim Protective Order. Filed by All Plaintiffs. (Related document(s): Motion for Protective Order #154 .) (mkk). (mkk).
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Filing 156
ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiffs' Motion to Enforce Interim Protective Order #154 on the Telephonic Oral Argument Calendar of 3/28/2011 at 10:00AM in Chambers (at the time set for hearing on another discovery motion). The Court will initiate the call to counsel. (gm)
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Filing 155
Memorandum in Support to motion to enforce interim protective order. Filed by All Plaintiffs. (Related document(s): Motion for Protective Order #154 .) (Sugerman, David)
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Filing 154
Motion for Protective Order to enforce interim protective order. oral arugument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 153
ORDER issued by Magistrate Judge Paul Papak: Setting Plaintiffs' Motion to Use Deposition Testimony Taken in a Prior Proceeding #149 on the Telephonic Oral Argument Calendar of 3/28/2011 at 10:00AM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 152
ORDER issued by Magistrate Judge Paul Papak: Granting Defendants' unopposed E-mail Request dated 3/2/11 for extension of time as follows: Halliburton's responses to discovery due 3/7/2011. (gm)
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Filing 151
Declaration of Amanda Halter in support of motion to use deposition testimony taken in a prior proceeding. Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous #149 .) (Attachments: #1 Exhibit A-D, #2 Exhibit E-G) (Sugerman, David)
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Filing 150
Plaintiffs' Memorandum in Support of motion to use deposition testimony taken in prior proceeding. Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous #149 .) (Sugerman, David)
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Filing 149
Motion to use deposition testimony taken in a prior proceeding. oral arugument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 148
Stipulation re Plaintiff Daniel Grover's Voluntary Dismissal by All Plaintiffs. Filed by All Plaintiffs. (Sugerman, David)
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Filing 147
Notice of Attorney Withdrawal: Filed by Halliburton Company, Halliburton Energy Services, Inc. (Deatherage, Stephen)
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Filing 146
ORDER issued by Magistrate Judge Paul Papak: Setting Halliburton Defendants' (Revised) Rule 12 Motion to Dismiss re: Fifth Amended Complaint #145 on the Oral Argument Calendar of 5/3/2011 at 10:00AM in Courtroom 10-B. Order: Due to the filing of a revised motion, Halliburton Defendants' earlier Motion to Dismiss #127 is Denied as Moot. (gm)
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Filing 145
Motion to Dismiss for Lack of Jurisdiction (re-filing Motion re: Fifth Amended Complaint). oral argument requested. Filed by Halliburton Company, Halliburton Energy Services, Inc.. (Deatherage, Stephen)
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Filing 144
Answer to #140 Amended Complaint,,. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Eden, Jeffrey)
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Filing 143
ORDER issued by Magistrate Judge Paul Papak: Granting Plaintiffs' Unopposed Motion for Extension of Time #135 and Granting the parties' subsequent E-mail Request re: extending deadlines dated 1/17/11 as follows: Halliburton's responses to discovery due 3/2/2011. Plaintiffs to depose Halliburton's 30(b)(6) witnesses by 3/22/2011. Plaintiffs' response to Halliburtons dismissal motion due 4/5/2011. Halliburton Defendants' reply to response to dismissal motion due 4/19/2011. Order: Resetting Halliburton Defendants' Rule 12 Motion to Dismiss #127 from 2/15/2011 at 10:00AM to the Oral Argument Calendar of 5/3/2011 at 10:00AM in Courtroom 10-B. (gm)
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Filing 142
Declaration of David F. Sugerman regarding Plaintiff Barella Notice of Voluntary Dismissal. Filed by All Plaintiffs. (Related document(s): Notice #141 .) (Sugerman, David)
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Filing 141
Notice of Voluntary Dismissal of Thomas Barella Filed by All Plaintiffs (Sugerman, David)
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Filing 140
Fifth Amended Complaint and Demand for Jury Trial.Filed by Matt Kuhnel, James McGowan, Byron Greer, Charles Ellis, Jason Blain, Brian Hedin, Rocky Bixby, Stephen Foster, Vito Pacheco, Lewis Martin, Aaron St. Clair, Richard Lawrence, Stephen Mueller, Charles Seamon, John Rydquist, Dennis Rosgen, James Borja, Adanrolando Garcia, Kelly Hafer, Jay Louisiana, Devon Fields, Dennis Jewell, Jesus Bruno, Donald Yeargin, Randy Keiper, Lawrence Roberta, Carlos Avalos, Kevin Stanger, Ronald Bjerklund, Matthew Hadley, Leslie Ing, Colt Campredon, Kevin Wilson, Scott Ashby against All Defendants. (Sugerman, David)
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Filing 139
Stipulation Allowing Filing of Plaintiffs' Amended Fifth Complaint by All Plaintiffs. Filed by All Plaintiffs. (Sugerman, David)
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Filing 138
MANDATE of USCA for the 9th Circuit re Notice of Appeal (#115 ), USCA #10-36000. The judgment of this Court, entered December 14, 2010, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (eo)
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Filing 137
ORDER issued by Magistrate Judge Paul Papak: Granting Defendants' Motion for Extension of Time #133 as follows: All plaintiffs who have not yet done so shall, by 1/7/11, with the four exceptions noted below, provide defendants with notarized privacy release authorizations (titled "Privacy Act Waiver") for all plaintiffs. The four exceptions are plaintiffs Hadley, Hedin, Louisiana and Martin. Plaintiffs' counsel has advised that due to their remote locations, these four plaintiffs may require additional time to return notarized Privacy Act Waivers. Plaintiffs counsel will use all reasonable efforts to return their Privacy Act Waivers by 1/7/11, but the deadline for these plaintiffs to provide their Privacy Act Waiver is 1/31/11, except the court acknowledges Louisiana may require additional time beyond 1/31/11, in which event plaintiffs' counsel will provide defendants notice and an estimate of the additional time needed and defendants may request additional relief thereafter. Order Resetting the following deadlines: Plaintiffs to designate experts by 5/2/2011. Defendants are to designate experts by 6/15/2011. Discovery to be completed by 9/15/2011. Dispositive motions deadline is reset to 10/12/2011. (gm)
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Filing 136
Memorandum in Support. Filed by All Plaintiffs. (Related document(s): Motion for Extension of Time to File Response/Reply to a Motion #135 .) (Sugerman, David)
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Filing 135
Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction #127 . Filed by All Plaintiffs. (Sugerman, David)
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Filing 134
Memorandum in Support. Filed by All Defendants. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #133 .) (Eden, Jeffrey)
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Filing 133
Unopposed Motion for Extension of Discovery & PTO Deadlines. Filed by All Defendants. (Eden, Jeffrey)
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Filing 132
Corporate Disclosure Statement. Filed by Halliburton Company, Halliburton Energy Services, Inc.. (Deatherage, Stephen)
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Filing 131
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion held on July 12, 2010 before Judge Paul Papak, Court Reporter Bridget Montero, telephone number 503-406-2288. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/6/2011. Redaction Request due 1/21/2011. Redacted Transcript Deadline set for 1/31/2011. Release of Transcript Restriction set for 3/31/2011. (Attachments: #1 Transcript) (ljl)
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Filing 130
ORDER issued by Magistrate Judge Paul Papak: Setting Halliburton Defendants' Rule 12 Motion to Dismiss #127 on the Oral Argument Calendar of 2/15/2011 at 10:00AM in Courtroom 10-B. (gm)
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Filing 129
Declaration of Dan Myers. Filed by Halliburton Company, Halliburton Energy Services, Inc.. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #127 .) (Deatherage, Stephen)
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Filing 128
Memorandum in Support. Filed by Halliburton Company, Halliburton Energy Services, Inc.. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #127 .) (Attachments: #1 Exhibit 1a, #2 Exhibit 1b, #3 Exhibit 2) (Deatherage, Stephen)
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Filing 127
Motion to Dismiss for Lack of Jurisdiction. oral argument requested. Filed by Halliburton Company, Halliburton Energy Services, Inc.. (Deatherage, Stephen)
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Filing 125
Order from USCA for the 9th Circuit re Notice of Appeal (#115 ), USCA #10-36000. Appellees motion to dismiss this appeal for lack of jurisdiction is granted. See Rodriguez v. Lockheed Martin Corp., No. 10-15813, 2010 WL 4925412, at *7 (9th Cir. Nov. 30, 2010). DISMISSED. (eo)
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Filing 126
Order from USCA for the 9th Circuit re USCA #10-80205. The petition for permission to appeal pursuant to 28 U.S.C. 1292(b) is denied because (1) the petition presents unresolved questions of material fact that require further development in the district court; and (2) resolution of the issues raised by the petition will not materially advance ultimate termination of the litigation. See 28 U.S.C. 1292(b). PETITION DENIED. (eo)
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Filing 124
Transcript Designation and Order Form for the hearing held on 7/12/2010 before Judge Magistrate Judge Paul Papak. Court Reporter: Bridget Montero. regarding Notice of Appeal #115 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. Transcript is due by 12/23/2010. (Attachments: #1 Attachment Letter to Court Reporter) (Deatherage, Stephen)
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Filing 123
OPINION & ORDER: Defendants' Motion to Compel #105 is Granted in Part and Denied in Part. Signed on 11/17/10 by Magistrate Judge Paul Papak. (gm)
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Filing 122
MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephonic Oral Argument held 11/15/10. Order: Plaintiffs' Motion to Compel #105 is taken under advisement as of 11/15/2010. David Sugarman; Amanda Halter present as counsel for plaintiff(s). Geoffrey Harrison; Stephen Deatherage present as counsel for defendant(s). Court Reporter: Denise Zito. (gm)
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Filing 121
Answer toComplaint , Fourth Amended #114 . Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Deatherage, Stephen)
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Filing 120
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED motions held on 10/20/10 before Judge Paul Papak, Court Reporter Colleen R. McCarty, telephone number 503-406-2288. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/19/2010. Redaction Request due 12/3/2010. Redacted Transcript Deadline set for 12/13/2010. Release of Transcript Restriction set for 2/10/2011. (Attachments: #1 transcript) (ljl)
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Filing 119
Response in Opposition to Motion to Compel further depositions and production of documents #105 oral argument requested. Filed by KBR Technical Services, Inc., KBR, Inc., Kellogg, Brown & Root Service, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Attachments: #1 Chanler Langham Affidavit, #2 Tabs 1-4) (Eden, Jeffrey)
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Filing 118
Waiver of Service of Summons Returned Executed by Halliburton Energy Services, Inc. waiver sent on 11/3/2010. Filed by All Plaintiffs. (Sugerman, David)
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Filing 117
Waiver of Service of Summons Returned Executed by Halliburton Company waiver sent on 11/3/2010. Filed by All Plaintiffs. (Sugerman, David)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal (#115 ). Case Appealed to 9th Circuit Court of Appeals. Case Number 10-36000 assigned. (eo)
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USCA Appeal Fees re Notice of Appeal #115 : Received Fee in amount of $ 455. Receipt number 36832 issued. (msk)
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Filing 116
Representation Statement re Notice of Appeal #115 . Filed by All Defendants. (Eden, Jeffrey)
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Filing 115
Notice of Appeal to the 9th Circuit from Opinion, #110 . Filed by All Defendants. (Attachments: #1 Exhibit 1-3) (Eden, Jeffrey)
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Filing 114
Fourth Amended Complaint.Filed by Leslie Ing, Richard Lawrence, Jason Blain, James Borja, Jay Louisiana, Fields Devin, Yeargin Donald, James McGowan against All Plaintiffs. (Sugerman, David)
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Filing 113
Stipulation to file fourth amended complaint by All Plaintiffs. Filed by All Plaintiffs. (Sugerman, David)
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Filing 112
ORDER issued by Judge Paul Papak: Resetting the Telephone Conference from 7/18/2011 at 1:30PM to 7/25/2011 at 1:30PM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 111
ORDER issued by Judge Paul Papak: Setting Plaintiffs' Motion to Compel #105 on the Telephonic Oral Argument Calendar of 11/15/2010 at 10:30AM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 110
AMENDED OPINION & ORDER: Defendants' Motion to Dismiss #45 for lack of subject matter jurisdiction is Denied. The Court finds that this Order is appropriate for immediate appeal pursuant to 28 U.S.C. 1292(b). The Order involves a controlling question of law as to which there is substantial ground for difference of opinion, and an immediate appeal from this Order may materially advance the ultimate termination of the litigation. Signed on 10/22/10 by Judge Paul Papak. (gm)
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Filing 109
ORDER issued by Judge Paul Papak: Granting Defendants' Motion for Certification and Amendment of Order (#89) #90 . Amended Opinion & Order to follow. Order: Denying Defendants' Motion for Certification and Amendment of Order (#44) #99 . (gm)
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Filing 108
MINUTES OF PROCEEDINGS before Judge Paul Papak: Oral Argument held 10/20/10. Order: Defendants' Motions for Certification and Amendment #90 & #99 are taken under advisement as of 10/20/2010. Order Resetting the following deadlines: Amend pleadings and add parties deadline set for 1/15/2011. Plaintiffs to designate experts by 3/1/2011. Defendants to designate experts by 4/15/2011. Discovery to be completed by 7/15/2011. Dispositive motions deadline (re)set to 8/12/2011. Order: Setting a Telephone Conference for 7/18/2011 at 1:30PM in Chambers. The Court will initiate the call to counsel. David Sugarman; Michael Doyle present as counsel for plaintiff(s). Geoffrey Harrison; Jeffrey Eden; Kurt Hamrock present as counsel for defendant(s). Court Reporter: Colleen McCarty. (gm)
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Filing 107
Declaration of David Sugerman. Filed by All Plaintiffs. (Related document(s): Motion to compel #105 .) (Sugerman, David)
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Filing 106
Memorandum in Support. Filed by All Plaintiffs. (Related document(s): Motion to compel #105 .) (Sugerman, David)
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Filing 105
Motion to Compel further depositions and production of documents. oral argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 104
Reply to Motion to Amend/Correct and Certify Order on Motion to Dismiss/Lack of Jurisdiction #44 #99 . Filed by All Defendants. (Eden, Jeffrey)
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Filing 103
Response in Opposition to Motion to Amend/Correct and Certify Order on Motion to Dismiss/Lack of Jurisdiction #44 #99 . Filed by All Plaintiffs. (Sugerman, David)
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Filing 102
Reply to Motion to Amend/Correct and Certify Order on Motion to Dismiss #89 #90 . Filed by All Defendants. (Eden, Jeffrey)
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Filing 101
ORDER issued by Judge Paul Papak: Setting Defendants' Motion for Certification and Amendment of Personal Jurisdiction Order #99 on the Oral Argument Calendar of 10/20/2010 at 10:00AM in Courtroom 10-B (at the time set for oral argument on another pending motion). (gm)
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Filing 100
Memorandum in Support. Filed by All Defendants. (Related document(s): Motion to Amend/Correct #99 .) (Deatherage, Stephen)
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Filing 99
Motion to Amend/Correct and Certify Order on Motion to Dismiss/Lack of Jurisdiction #44 . oral argument requested. Filed by All Defendants. (Deatherage, Stephen)
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Filing 98
ORDER issued by Judge Paul Papak: Granting Defendants' Ex Parte Motion for Extension of Time (of 30 Days) to File Notice of Appeal #96 . (gm)
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Filing 97
Memorandum in Support. Filed by All Defendants. (Related document(s): Exparte, Motion for Extension of Time #96 .) (Deatherage, Stephen)
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Filing 96
Ex Parte Motion for Extension of Time to File Notice of Appeal. Filed by All Defendants. (Deatherage, Stephen)
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Filing 95
Response to Motion to Amend/Correct and Certify Order on Motion to Dismiss #89 #90 oral argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 94
Order Granting Application for Special Admission Pro Hac Vice of Geoffrey L. Harrison for KBR Technical Services, Inc.,Geoffrey L. Harrison for KBR, Inc.,Geoffrey L. Harrison for Kellogg, Brown & Root Service, Inc.,Geoffrey L. Harrison for Overseas Administration Services, Ltd.,Geoffrey L. Harrison for Service Employees International, Inc.. Application Fee in amount of $100 collected. Receipt No. 35960 issued. Signed on 9/20/10 by Magistrate Judge Paul Papak. (ljl)
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Filing 93
Order Granting Application for Special Admission Pro Hac Vice of J. Hoke Peacock, III for KBR Technical Services, Inc.,J. Hoke Peacock, III for KBR, Inc.,J. Hoke Peacock, III for Kellogg, Brown & Root Service, Inc.,J. Hoke Peacock, III for Overseas Administration Services, Ltd.,J. Hoke Peacock, III for Service Employees International, Inc.. Application Fee in amount of $100 collected. Receipt No. 35960 issued. Signed on 9/20/10 by Magistrate Judge Paul Papak. (ljl)
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Filing 92
ORDER issued by Judge Paul Papak: Setting Defendants' Motion for Certification and Amendment of Order #90 on the Oral Argument Calendar of 10/20/2010 at 10:00AM in Courtroom 10-B. (gm)
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Filing 91
Memorandum in Support. Filed by All Defendants. (Related document(s): Motion to Amend/Correct #90 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Eden, Jeffrey)
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Filing 90
Motion to Amend/Correct and Certify Order on Motion to Dismiss #89 . oral argument requested. Filed by All Defendants. (Eden, Jeffrey)
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Filing 89
OPINION & ORDER: Defendants' Motion to Dismiss #45 for lack of subject matter jurisdiction is Denied. Signed on 8/30/10 by Judge Paul Papak. (gm)
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Filing 88
Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (ecp)
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Filing 87
MINUTES of Proceedings: Oral argument held on Defendants' Rule 12 Motion to Dismiss #45 . ORDER - taking the motion under advisement as of 7/12/2010. David Sugerman; Michael Doyle present as counsel for plaintiff(s). Raymond Biagini; Kurt Hamrock; Jeffrey Eden present as counsel for defendant(s). Court Reporter: Bridget Montero (503-406-2288). Magistrate Judge Paul Papak presiding. (Related document(s): Motion to Dismiss #45 .) (kb)
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Filing 86
Declaration of Jeffrey S. Eden. Filed by All Defendants. (Related document(s): Reply to Motion #85 .) (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) (Eden, Jeffrey)
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Filing 85
Reply to Motion to Dismiss for Lack of Subject Matter Jurisdiction #45 oral argument requested. Filed by All Defendants. (Eden, Jeffrey)
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Filing 84
CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Plaintiffs' Unopposed Motion to Correct/Supplement Declaration of David Sugerman #83 . (gm)
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Filing 83
Unopposed Motion to Amend/Correct declaration of David Sugerman Memorandum in Opposition #80 , Unopposed Motion to Supplement declaration of David Sugerman. oral argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 82
Declaration of Amanda Halter. Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #80 .) (Attachments: #1 Exhibit A, #2 Errata B) (Sugerman, David)
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Filing 81
Declaration of David Sugerman. Filed by All Plaintiffs. (Related document(s): Memorandum in Opposition #80 .) (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) (Sugerman, David)
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Filing 80
Memorandum in Opposition to Motion to Dismiss for Lack of Subject Matter Jurisdiction #45 oral argument requested. Filed by All Plaintiffs. (Sugerman, David)
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Filing 79
Exhibits #2- Corrected re Memorandum in Support of Motion,,,, #46 . Filed by All Defendants. (Deatherage, Stephen)
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Filing 78
CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendants' Unopposed Motion to Substitute Corrected Exhibit Two to Defendants' Motion to Dismiss #76 . Defendants shall attach the corrected exhibit to a pleading page, entitled "Corrected Exhibit #2 to Defendants' Memorandum (#46)", and promptly e-file it with the Court. (gm)
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Filing 77
Memorandum in Support of Motion to Substitute Corrected Exhibit 2. Filed by All Defendants. (Related document(s): Motion to Dismiss #45 , Motion to Amend/Correct #76 .) (Attachments: #1 Exhibit 2) (Deatherage, Stephen)
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Filing 76
Unopposed Motion to Amend/Correct Exhibit 2 to Defendants' Motion to Dismiss #45 . Filed by All Defendants. (Deatherage, Stephen)
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Filing 75
Third Amended Complaint and demand for jury trial.Filed by Kelly Hafer, Matt kuhnel, Byron Greer, Charles Ellis, Brian Hedin, Rocky Bixby, Dennis Jewell, Jesus Bruno, Stephen Foster, Vito Pacheco, Randy keiper, Lewis Martin, Aaron St Clair, Lawrence Roberta, Carlos Avalos, Kevin Stanger, Stephen Mueller, Charles Seamon, Ronald Bjerklund, John Rydquist, Dennis Rosgen, Matthew Hadley, Colt Campredon, Kevin Wilson, Adanrolando Garcia, Scott Ashby against All Defendants. (Sugerman, David)
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Filing 74
Stipulation Allowing Filing of Plaintiffs' Third Amended Complaint by All Plaintiffs. Filed by All Plaintiffs. (Sugerman, David)
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Filing 73
Order - Granting Application for Special Admission Pro Hac Vice of Kurt Hamrock for KBR Technical Services, Inc.,Kurt Hamrock for KBR, Inc.,Kurt Hamrock for Kellogg, Brown & Root Service, Inc.,Kurt Hamrock for Overseas Administration Services, Ltd.,Kurt Hamrock for Service Employees International, Inc.. Application Fee in amount of $100 collected. Receipt No. 34176 issued. Signed on 6/23/2010 by Magistrate Judge Paul Papak. (ecp)
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Filing 72
Order - Granting Application for Special Admission Pro Hac Vice of Lora A. Brzezynski for KBR Technical Services, Inc.,Lora A. Brzezynski for KBR, Inc.,Lora A. Brzezynski for Kellogg, Brown & Root Service, Inc.,Lora A. Brzezynski for Overseas Administration Services, Ltd.,Lora A. Brzezynski for Service Employees International, Inc.. Application Fee in amount of $100 collected. Receipt No. 34176 issued. Signed on 6/23/2010 by Magistrate Judge Paul Papak. (ecp)
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Filing 71
CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Telephone Conference re: discovery issues held 6/18/10. David Sugarman present as counsel for plaintiff(s). Jeffrey Eden; Raymond Biagini; Ronald Scott present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 70
CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting a Telephone Conference re: discovery issues for 6/18/2010 at 11:00AM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 69
Order: Oral argument by telephone on a number of discovery issues was held on June 3, 2010. In connection with that argument, I construe the May 26, 2010, e-mail letter from Plaintiffs' counsel as including both a motion to compel discovery and a motion to modify the existing protective order, and the June 2, 2010, email letter from Defendants' counsel as a motion for limitation on Rule 30(b)(6) discovery. As discussed below, those motions are granted in part and denied in part as follows. Plaintiffs' motion to compel "declarations, deposition transcripts, and exhibits of former and current Army officers in KBR's possession that have been submitted in other Halliburton/KBR cases in support of dispositive motions to dismiss based on the political questions doctrine" is DENIED. Those documents do not appear to be relevant to the analysis this court must make when considering the application of the political question doctrine to this case and, in any event, many of the requested documents appear to be in the public domain. Plaintiffs' motion to modify the current protective order is GRANTED to allow shared discovery in the Texas case involving Indiana National Guard soldiers and otherwise DENIED, with leave to refile after ruling on the jurisdictional motions pending before this court. Defendant's motion to limit Rule 30(b)(6) discovery is GRANTED as to subparagraphs B, C, D and E of the June 2, 2010, e-mail letter from Defendants' counsel and otherwise DENIED. Signed on 6/16/10 by Judge Paul Papak. (gm)
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Filing 68
Order Granting Application for Special Admission Pro Hac Vice of Amanda Halter for Rocky Bixby, Lawrence Roberta, Scott Ashby, Charles Ellis and Matthew Hadley. Application Fee in amount of $100 collected. Receipt No. 33791 issued. Signed on 6/4/10 by Magistrate Judge Paul Papak. (ljl)
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Filing 67
CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Telephone Conference held 6/3/10. The various discovery issues discussed are Taken Under Advisement as of 6/3/2010. David Sugarman, Michael Doyle present as counsel for plaintiff(s). Jeffrey Eden; Raymond Biagini; Randall Jones; Celia Balli present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 66
Motion for Leave to Appear Pro Hac Vice Amanda Halter. Filed by all plaintiffs. (Sugerman, David) Modified on 6/7/2010 (ljl).
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Filing 65
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion for Discovery held on May 20, 2010 before Judge Paul Papak, Court Reporter Dennis Apodaca, telephone number (503) 326-8182. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/11/2010. Redaction Request due 6/25/2010. Redacted Transcript Deadline set for 7/6/2010. Release of Transcript Restriction set for 9/2/2010. (Apodaca, Dennis)
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Filing 64
CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting a Telephone Conference for 6/3/2010 at 9:00AM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 63
CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Oral Argument held 5/20/10. Order: Setting Defendants' Rule 12 Motion to Dismiss #45 on the Oral Argument Calendar of 7/12/2010 at 10:00AM in Courtroom 10-B. Response to dispositive motion due 6/30/2010. Reply to response to dispositive motion due by noon on 7/9/2010. Order: Defendants' Motion to Temporarily Stay Discovery #47 and Defendants' alternative Motion for Limited Jurisdictional Discovery #47 are Granted in Part and Denied in Part as specified in open court. Defendants' Motion for Entry of "Lone Pine" Order #51 is Denied with leave to refile following ruling on the pending dismissal motion. David Sugarman; Michael Doyle present as counsel for plaintiff(s). Randall Jones (by telephone); Raymond Biagini; Jeffrey Eden present as counsel for defendant(s). Court Reporter: Dennis Apodaca. (gm) (gm)
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Filing 62
Declaration of Herman Gibb, Ph.D.. Filed by all plaintiffs. (Related document(s): Memorandum in Opposition #60 .) (Sugerman, David)
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Filing 61
Declaration of David Sugerman. Filed by all plaintiffs. (Related document(s): Memorandum in Opposition #60 .) (Attachments: #1 Exhibit Exhibits 1-5) (Sugerman, David)
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Filing 60
Memorandum in Opposition to Motion for Order "Lone Pine" #51 oral argument requested. Filed by all plaintiffs. (Sugerman, David)
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Filing 59
Declaration of Gabriel Adam Hawkins. Filed by all plaintiffs. (Related document(s): Memorandum in Opposition #58 .) (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, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O) (Sugerman, David)
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Filing 58
Memorandum in Opposition to Motion for Stay Discovery, Temporarily, Pending Resolution of Motion to Dismiss #47 oral argument requested. Filed by all plaintiffs. (Sugerman, David)
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Filing 57
Declaration of Stephen F. Deatherage. Filed by all defendants. (Related document(s): Motion to Dismiss #45 .) (Attachments: #1 Exhibit 1 - Declaration of Hamrock) (Deatherage, Stephen)
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Filing 56
CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Telephone Conference held 5/7/10. Order: Resetting Defendants' Motion to Temporarily Stay Discovery #47 , alternative Motion for Limited Jurisdictional Discovery #47 and Defendants' Motion for Entry of "Lone Pine" Order #51 from 6/7/2010 at 10:00AM to the Oral Argument Calendar of 5/20/2010 at 10:00AM in Courtroom 10-B. Order: Striking the Oral Argument of 6/7/2010 at 10:00AM re: Defendants' Rule 12 Motion to Dismiss #45 . This motion will be reset at the hearing on 5/20/2010. David Sugarman present as counsel for plaintiff(s). Jeffrey Eden present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 55
CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting a Telephone Conference for 5/7/2010 at 11:30AM in Chambers. The Court will initiate the call to counsel. (gm)
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Filing 54
CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Defendants' Motion for Entry of "Lone Pine" Order #51 on the Oral Argument Calendar of 6/7/2010 at 10:00AM in Courtroom 10-B (at the time set for oral argument on other pending motions). (gm)
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Filing 53
Declaration of Jeffrey S. Eden in Support of Defendants' Motion for Lone Pine Order. Filed by all defendants. (Related document(s): Motion for Order #51 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2.1, #3 Exhibit 2.2, #4 Exhibit 2.3, #5 Exhibit 3.1, #6 Exhibit 3.2, #7 Exhibit 3.3, #8 Exhibit 3.4, #9 Exhibit 3.5, #10 Exhibit 3.6, #11 Exhibit 3.7, #12 Exhibit 3.8, #13 Exhibit 3.9, #14 Exhibit 3.10, #15 Exhibit 3.11, #16 Exhibit 3.12, #17 Exhibit 3.13, #18 Exhibit 3.14, #19 Exhibit 3.15, #20 Exhibit 3.16, #21 Exhibit 3.17, #22 Exhibit 3.18, #23 Exhibit 3.19, #24 Exhibit 3.20, #25 Exhibit 3.21, #26 Exhibit 3.22, #27 Exhibit 3.23, #28 Exhibit 3.24, #29 Exhibit 3.25, #30 Exhibit 3.26, #31 Exhibit 3.27, #32 Exhibit 3.28, #33 Exhibit 3.29, #34 Exhibit 3.30, #35 Exhibit 3.31, #36 Exhibit 3.32, #37 Exhibit 3.33, #38 Exhibit 3.34, #39 Exhibit 3.35, #40 Exhibit 4, #41 Exhibit 5, #42 Exhibit 6, #43 Exhibit 7.1, #44 Exhibit 7.2, #45 Exhibit 7.3, #46 Exhibit 7.4, #47 Exhibit 7.5, #48 Exhibit 7.6, #49 Exhibit 7.7, #50 Exhibit 7.8, #51 Exhibit 7.9, #52 Exhibit 7.10, #53 Exhibit 7.11, #54 Exhibit 7.12, #55 Exhibit 7.13, #56 Exhibit 7.14, #57 Exhibit 7.15, #58 Exhibit 7.16, #59 Exhibit 7.17, #60 Exhibit 7.18, #61 Exhibit 8) (Eden, Jeffrey)
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Filing 52
Memorandum in Support of Defendants' Motion for Entry of a "Lone Pine" Order. Filed by all defendants. (Related document(s): Motion for Order #51 .) (Eden, Jeffrey)
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Filing 51
Motion for Order "Lone Pine". oral argument requested. Filed by all defendants. (Eden, Jeffrey)
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Filing 50
CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Defendants' Rule 12 Motion to Dismiss #45 , Defendants' Motion to Temporarily Stay Discovery #47 and alternative Motion for Limited Jurisdictional Discovery #47 on the Oral Argument Calendar of 6/7/2010 at 10:00AM in Courtroom 10-B. (gm)
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Filing 49
Corporate Disclosure Statement. Filed by all defendants. (Eden, Jeffrey)
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Filing 48
Memorandum in Support of Motion to Stay Discovery. Filed by all defendants. (Related document(s): Motion for Stay #47 .) (Attachments: #1 Exhibit 1 - Taylor Decision) (Eden, Jeffrey)
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Filing 47
Motion for Stay Discovery, Temporarily, Pending Resolution of Motion to Dismiss. oral argument requested. Filed by all defendants. (Eden, Jeffrey)
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Filing 46
Memorandum in Support of Motion to Dismiss. Filed by all defendants. (Related document(s): Motion to Dismiss #45 .) (Attachments: #1 Exhibit 1a - Declaration of Gordon Sumner, #2 Exhibit 1b - cont. Declaration of Gordon Sumner, #3 Exhibit 1c - cont. Declaration of Gordon Sumner, #4 Exhibit 1d - cont. Declaration of Gordon Sumner, #5 Exhibit 1e - cont. Declaration of Gordon Sumner, #6 Exhibit 2 - Declaration of Shannon G. Konn, #7 Exhibit 3 - AR 700-137, #8 Exhibit 4 - AEPI White Paper, #9 Exhibit 5 - DPC hearing transcript from August 3, 2009, #10 Exhibit 6 - British Official Statement, #11 Exhibit 7 - Final Work Plan, #12 Exhibit 8 - Declaration of Tseng, #13 Exhibit 9 - July 22, 2003 Meeting Minutes, #14 Exhibit 10 - Brief to Senator Bayh, #15 Exhibit 11 - August 2008 ACO Letters, #16 Exhibit 12 - US Senate Committee on Veteran Affairs - Resta Statement, #17 Exhibit 13 - Health Risk Facts, #18 Exhibit 14 - British Study, #19 Exhibit 15 - 2009-10-08 Letter from Shinseki to Rockefeller, #20 Exhibit 16 - Taylor Decision) (Eden, Jeffrey)
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Filing 45
Motion to Dismiss for Lack of Subject Matter Jurisdiction. oral argument requested. Filed by all defendants. (Eden, Jeffrey)
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Filing 44
OPINION & ORDER: Defendants' Motion to Dismiss for Lack of PersonalJurisdiction #21 and alternate Motion to Transfer for Lack of Venue #21 are Denied. Signed on 4/9/10 by Judge Paul Papak. (gm)
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Filing 43
Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (gm)
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Filing 41
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on 2/8/2010 before Judge Paul Papak, Court Reporter Jill Erwin, telephone number 360-521-3202. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. . Notice of Intent to Redact Transcript is due by 3/18/2010. Redaction Request due 4/1/2010. Redacted Transcript Deadline set for 4/12/2010. Release of Transcript Restriction set for 6/9/2010. (Attachments: #1 Coversheet) (sm)
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Filing 40
CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Oral Argument held 2/8/10. Order: Defendants' Rule 12 Motion to Dismiss #21 is taken under advisement as of 2/8/2010. David Sugarman; Jeffrey Raizner present as counsel for plaintiff(s). Stephen Deatherage; Jeffrey Eden; Celia Balli (by telephone) present as counsel for defendant(s). Court Reporter: Jill Erwin (503-406-2288). (gm)
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Filing 39
Reply in Support of Defendants' to Motion to Dismiss for Lack of Jurisdiction and Venue #21 Oral Argument requested. Filed by all defendants. (Deatherage, Stephen)
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Filing 38
Second Amended Complaint and Demand for Jury Trial.Filed by Ronald Bjerklund, Adanrolando Garcia, Brian Hedin, Lewis Martin, Charles Seamon against all defendants. (Sugerman, David)
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Filing 37
Stipulation Allowing Filing of Plaintiffs' Second Amended Complaint by all plaintiffs. Filed by all plaintiffs. (Sugerman, David)
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Filing 36
CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendants' unopposed E-mail Request dated 1/27/10 for extension of time as follows: Reply to response to dismissal motion due by 2/4/2010. (gm)
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Filing 35
Declaration of Marla Pfaff. Filed by all plaintiffs. (Related document(s): Memorandum in Opposition #32 .) (mr)
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Filing 34
Declaration of Charles Ellis. Filed by all plaintiffs. (Related document(s): Memorandum in Opposition #32 .) (mr)
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Filing 33
Declaration of David F. Sugarman. FILED UNDER SEAL by all plaintiffs. (Related document(s): Memorandum in Opposition #32 .) (mr)
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Filing 32
Plaintiffs' Memorandum in Opposition to Defendant's Motion to Dismiss #21 . FILED UNDER SEAL by all plaintiffs. (mr) (mr).
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Filing 31
Notice of Attorney Substitution: and change of information for plaintiffs' counsel Filed by all plaintiffs (Sugerman, David)
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Filing 30
CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendants' unopposed E-mail Request dated 12/21/09 for extension of time as follows and as modified: Response to dismissal motion due by 1/21/2010. Reply to response due by 2/1/2010. Order: Resetting Defendants' Rule 12 Motion to Dismiss #21 from 1/11/2010 at 10:00AM to the Oral Argument Calendar of 2/8/2010 at 10:00AM in Courtroom 10-B. (gm)
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Filing 29
Stipulated Protective Order. Signed on 12/21/09 by Judge Paul Papak. (gm)
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Filing 28
Stipulated Motion for Protective Order. Filed by all parties. (Eden, Jeffrey)
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Filing 27
CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendants' unopposed Letter Request dated 11/12/09 for extension of time. Order Resetting the following deadlines: Response to dismissal motion due by 12/21/2009. Reply to response to dismissal motion due by 1/4/2010. Discovery is to be completed by 1/11/2010. All other deadlines will be discussed following final ruling on the dismissal motion. Order: Resetting Defendants' Rule 12 Motion to Dismiss #21 from 12/9/2009 at 10:00AM to the Oral Argument Calendar of 1/11/2010 at 10:00AM in Courtroom 10-B. (gm)
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Filing 26
Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (eo)
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Filing 25
CIVIL MINUTES: Record of Proceedings before Judge Paul Papak: Rule 16 Conference held 9/17/09. Order Resetting the following deadlines: Response to dismissal motion due 11/20/2009. Reply to response to dismissal motion due 12/4/2009. Discovery to be completed by 12/9/2009. All other deadlines will be discussed following final ruling on the dismissal motion. Order: Resetting Defendants' Rule 12 Motion to Dismiss #21 from 10/28/2009 at 10:00AM to the Oral Argument Calendar of 12/9/2009 at 10:00AM in Courtroom 10-B. David Sugarman; Jeffrey Raizner (by telephone) present as counsel for plaintiff(s). Jeffrey Eden; Kurt Hamrock (for Raymond Biagini) (by telephone) present as counsel for defendant(s). Court Reporter: (None). (gm)
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Filing 24
CIVIL MINUTES: Record of Order by Judge Paul Papak: Setting Defendants' Rule 12 Motion to Dismiss #21 on the Oral Argument Calendar of 10/28/2009 at 10:00AM in Courtroom 10-B. (gm)
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Filing 23
Declaration of Mark E. Lowes. Filed by all defendants. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #21 .) (Eden, Jeffrey)
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Filing 22
Memorandum in Support. Filed by all defendants. (Related document(s): Motion to Dismiss/Lack of Jurisdiction #21 .) (Eden, Jeffrey)
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Filing 21
Motion to Dismiss for Lack of Jurisdiction and Venue. Oral Argument requested. Filed by all defendants. (Eden, Jeffrey)
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Filing 20
CIVIL MINUTES: Record of Order by Judge Paul Papak: Rule 16 Conference set for 9/17/2009 at 10:00AM in Chambers. Local Rules 16.2(b) and 26.1(a)(b) require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm)
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Filing 19
Amended Complaint.Filed by Carlos Avalos, Jesus Bruno, Colt Campredon, Stephen Foster, Byron Greer, Kelly Hafer, Dennis Jewell, Stephen Mueller, Vito Pacheco, John Rydquist, Kevin Stanger, Rocky Bixby, Lawrence Roberta, Scott Ashby, Charles Ellis, Matthew Hadley against all defendants. (Sugerman, David)
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Filing 18
Order Granting Application for Special Admission Pro Hac Vice of Randall Jones for KBR, Inc., Kellogg, Brown & Root Service, Inc., KBR Technical Services, Inc., Overseas Administration Services, Ltd. and Service Employees International, Inc.. Application Fee in amount of $100 collected. Receipt No. 28326 issued. Signed on 8/10/09 by Judge Paul Papak. Modified on 8/11/2009 (ljl).
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Filing 17
Order Granting Application for Special Admission Pro Hac Vice of Raymond B. Biagini for KBR, Inc., Kellogg, Brown & Root Service, Inc., KBR Technical Services, Inc., Overseas Administration Services, Ltd. and Service Employees International, Inc.. Application Fee in amount of $100 collected. Receipt No. 28238 issued. Signed on 7/3/09 by Magistrate Judge Paul Papak. (ljl)
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Filing 16
Motion for Leave to Appear Pro Hac Vice for Randall Jones. Modified on 8/11/2009 (ljl).
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Filing 15
Motion for Leave to Appear Pro Hac Vice for Raymond Biagini. Filed by all defendants. (Eden, Jeffrey)
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Filing 14
Order Granting Application for Special Admission Pro Hac Vice of Patrick Mason Dennis for Rocky Bixby, Lawrence Roberta, Scott Ashby, Charles Ellis and Matthew Hadley. Application Fee in amount of $100 collected. Receipt No. 28118 issued. Signed on 7/23/09 by Magistrate Judge Paul Papak. (ljl)
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Filing 13
Order Granting Application for Special Admission Pro Hac Vice of Jeffrey L. Raizner for Rocky Bixby, Lawrence Roberta, Scott Ashby, Charles Ellis and Matthew Hadley. Application Fee in amount of $100 collected. Receipt No. 28118 issued. Signed on 7/23/09 by Magistrate Judge Paul Papak. (ljl)
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Filing 12
Order Granting Application for Special Admission Pro Hac Vice of Michael P. Doyle for Rocky Bixby, Lawrence Roberta, Scott Ashby, Charles Ellis and Matthew Hadley. Application Fee in amount of $100 collected. Receipt No. 28118 issued. Signed on 7/23/09 by Magistrate Judge Paul Papak. (ljl)
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Filing 11
First Motion for Leave to Appear Pro Hac Vice Michael P. Doyle. Filed by all plaintiffs. (Sugerman, David)
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Filing 10
First Motion for Leave to Appear Pro Hac Vice Jeffrey L. Raizner. Filed by all plaintiffs. (Sugerman, David)
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Filing 9
First Motion for Leave to Appear Pro Hac Vice Patrick Mason Dennis. Filed by all plaintiffs. (Sugerman, David) Modified on 7/23/2009 (ljl).
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Filing 8
Waiver of Service of Summons Returned Executed by KBR, Inc. waiver sent on 7/14/2009; KBR Technical Services, Inc. waiver sent on 7/14/2009; Overseas Administration Services, Ltd. waiver sent on 7/14/2009; Service Employees International, Inc. waiver sent on 7/14/2009. Filed by all plaintiffs. (Sugerman, David)
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Filing 7
Affidavit of Service upon Kellogg, Brown & Root Service, Inc. served on 6/29/2009 Filed by all plaintiffs. (Sugerman, David)
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Filing 6
CIVIL MINUTES: Record of Order by Judge Paul Papak: Granting Defendant Kellogg's Unopposed Motion for Extension of Time to Appear (Answer) #3 as follows: Answer deadline reset to 9/11/2009 for Defendant Kellogg, Brown & Root Services Inc. (gm)
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Filing 5
Declaration of Jeffrey S. Eden in Support of Unopposed Motion for Extension of Time to File First Appearance. Filed by Kellogg, Brown & Root Service, Inc.. (Related document(s): Motion for Extension of Time #3 .) (Eden, Jeffrey)
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Filing 4
Memorandum in Support of Unopposed Motion for Extension of Time to File First Appearance. Filed by Kellogg, Brown & Root Service, Inc.. (Related document(s): Motion for Extension of Time #3 .) (Eden, Jeffrey)
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Filing 3
Unopposed Motion for Extension of Time to File First Appearance. Filed by Kellogg, Brown & Root Service, Inc.. (Eden, Jeffrey)
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Filing 750
Summons Issued as to KBR, Inc., KBR Technical Services, Inc., Overseas Administration Services, Ltd., and Service Employees International, Inc.. (eo) . (dnt).
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Filing 749
Summons Issued as to KBR, Inc., Kellogg, Brown & Root Service, Inc., KBR Technical Services, Inc., Overseas Administration Services, Ltd., and Service Employees International, Inc.. (eo) (dnt).
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Filing 2
Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge Paul Papak. Discovery is to be completed by 10/9/2009. Joint Alternate Dispute Resolution Report is due by 11/9/2009. Pretrial Order is due by 11/9/2009. Ordered by Magistrate Judge Paul Papak. (eo)
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Filing 1
Complaint. Filing Fee in amount of $350 collected. Receipt No. 27297 issued. Jury Trial Requested: Yes. Filed by Rocky Bixby, Lawrence Roberta, Scott Ashby, Charles Ellis, Matthew Hadley against KBR, Inc., Kellogg, Brown & Root Service, Inc., KBR Technical Services, Inc., Overseas Administration Services, Ltd., Service Employees International, Inc.. (Attachments: #1 Civil Cover Sheet) (eo)
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