Harney v. Associated Materials, LLC, et al
| Harney, Christine Wayenberg, Michael Harney and Ozzie Gilbert |
| Associated Materials, LLC, Associated Materials, LLC., Associated Materials Incorporated, Associated Materials, LLC. a Delaware limited liability company doing business as Alside Building Products, Inc and Associated Materials Incorporated a Delaware corporation doing business as Gentek Building Products, Inc. doing business as Alside Building Products, Inc. |
| 3:2016cv01587 |
| August 4, 2016 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H Simon |
| Contract Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 30, 2019. A more recent docket listing may be available from PACER.
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Filing 76
Stipulated Motion to Dismiss with Prejudice. Filed by Michael Harney. (Wilkinson, Robert)
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Filing 75
Notice of Change of Address. , Notice of Attorney Withdrawal: Filed by All Plaintiffs. (Blake, Anthony)
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Filing 74
ORDER - The parties' joint motion to amend case management order (ECF #73 ) is GRANTED as follows: (1) the close of discovery for issues related to the motion to certify class is 4/1/2019; (2) Plaintiffs' motion to certify is due by 5/8/2019; (3) the deadline to add additional parties or amend the complaint is 5/8/2019; (4) Defendants to depose any expert witness used to support Plaintiffs' motion for class certification by 6/8/2019; (5) Defendants' response to Plaintiffs' motion for class certification 7/9/2019; (6) Plaintiffs to depose any witness used to oppose Plaintiffs' motion for class certification by 8/9/2019; and (7) Plaintiffs' reply in support of motion for class certification is due by 9/10/2019. Any expert witness used in support or opposition to the motion for class certification should be disclosed contemporaneously with the motion and any opposition to motion. The Court will set a hearing on the motion at a later date. Any remaining case deadlines will be set 30 days following the Court's ruling on class certification. Ordered by Judge Michael H. Simon. (mja)
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Filing 73
Motion to Amend/Correct (Joint Motion to Amend Case Management Order) Order on motion for extension of discovery & PTO deadlines,,, 71 . Filed by Michael Harney. (Wilkinson, Robert) Modified on 12/13/2018 to correct event type (mja).
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Filing 72
Answer to #52 Amended Complaint . Filed by Associated Materials, LLC., Associated Materials Incorporated. (Sands, Darin)
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Filing 71
ORDER - The parties' joint motion for extension of discovery & PTO deadlines (ECF #70 ) is GRANTED as follows: (1) the discovery deadline for issues related to the motion to certify class is 12/3/2018; (2) Plaintiffs' motion to certify is due by 1/8/2019; (3) the deadline to add additional parties and/or amend complaint is 1/8/2019; (4) Defendants to depose any expert witness used to support Plaintiffs' motion for class certification by 2/8/2019; (5) Defendants' response to Plaintiffs' motion for class certification 3/11/2019; (6) Plaintiffs to depose any witness used to oppose Plaintiffs' motion for class certification by 4/11/2019; and (7) Plaintiffs' reply in support of motion for class certification is due by 5/13/2019. Any expert witness used in support or opposition to the motion for class certification should be disclosed contemporaneously with the filing of the motion or response thereto. Ordered by Judge Michael H. Simon. (mja)
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Filing 70
Joint Motion for Extension of Discovery & PTO Deadlines . Filed by All Plaintiffs. (Attachments: #1 Proposed Order Proposed Order regarding Joint Motion to Reset Case Schedule, #2 Proposed Order Proposed Case Management Order) (Nelson, Alex)
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Filing 69
Opinion and Order - Defendants' Motion to Dismiss for failure to state a claim (ECF #57 ) is GRANTED IN PART and DENIED IN PART. Defendants' motion is granted as to Plaintiff Gilbert's implied warranty claim, and both Plaintiffs' unjust enrichment claims, which are dismissed with prejudice. Defendants' motion is also granted as to Plaintiffs' unlawful trade practices claims based on affirmative misrepresentation, which are dismissed without prejudice. Defendants' motion is denied as to all other claims, including Plaintiffs' unlawful trade practices claims based on Defendants' failure to disclose. Plaintiffs may file an amended pleading within two weeks from the date of this Opinion and Order if Plaintiffs believe that additional allegations will cure the identified deficiencies. Signed on 1/18/2018 by Judge Michael H. Simon. (mja)
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Filing 68
Minutes of Oral Argument Hearing: Order - Defendants' Motion to Dismiss for Failure to State a Claim (ECF #57 ) is taken under advisement as of 12/5/2017. Anthony T. Blake, Michael J. Lowder, and Robert W. Wilkinson present as counsel for plaintiff(s). Michael K. Farrell and Darin M. Sands present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael H. Simon presiding. (mja)
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Filing 67
Notice of Appearance of Anthony T. Blake appearing on behalf of Ozzie Gilbert, Michael Harney Filed by on behalf of Ozzie Gilbert, Michael Harney. (Blake, Anthony)
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Filing 66
Reply to Motion to Dismiss for Failure to State a Claim #57 Oral Argument requested. Filed by Associated Materials Incorporated, Associated Materials, LLC.. (Sands, Darin)
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Filing 65
Notice of Attorney Withdrawal: Justin D. Monahan Filed by All Plaintiffs. (Wilkinson, Robert)
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Filing 64
Declaration of Robert W. Wilkinson ISO Plaintiffs' Opposition to Motion to Dismiss. Filed by Ozzie Gilbert, Michael Harney. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit) (Wilkinson, Robert)
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Filing 63
Response to Motion to Dismiss for Failure to State a Claim #57 Oral Argument requested. Filed by Ozzie Gilbert, Michael Harney. (Wilkinson, Robert)
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Filing 62
MINUTES of Telephone Rule 16 Conference: Order - The case deadlines are extended as set out in the Case Management Order, ECF #61 . Oral argument on Defendants' Motion to Dismiss (ECF #57 ) is set for December 5, 2017 at 1:00PM in Portland, Courtroom 15B, before Judge Michael H. Simon. Michael J. Lowder, Anthony Blake, Jr., and Justin Monahan present as counsel for Plaintiff. Michael K. Farrell, Daniel M. Kavouras and Darin Sands present as counsel for Defendants.(Court Reporter Dennis Apodaca.)Judge Michael H. Simon presiding. (mja)
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Filing 61
Case Management Order. Signed on 9/26/2017 by Judge Michael H. Simon. (mja)
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Filing 60
ORDER - Plaintiffs' Unopposed Motion to Extend Date to Respond to Third Motion to Dismiss (ECF #59 ) is GRANTED. Response is due by 10/5/2017. Reply is due by 10/19/2017. Ordered by Judge Michael H. Simon. (mja)
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Filing 59
Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim #57 . Filed by Ozzie Gilbert, Michael Harney. (Monahan, Justin)
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Filing 58
Exhibits A re Motion to Dismiss for Failure to State a Claim #57 . Filed by Associated Materials Incorporated, Associated Materials, LLC.. (Sands, Darin)
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Filing 57
Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Associated Materials, LLC., Associated Materials Incorporated. (Sands, Darin)
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Filing 56
Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is setting a Telephone Rule 16 Conference for 9/26/2017 at 10:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 55
ORDER - Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Second Amended Complaint (ECF #54 ) is GRANTED. Answer or other responsive pleading is due by 9/7/2017. Ordered by Judge Michael H. Simon. (mja)
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Filing 54
Unopposed Motion for Extension of Time to Answer Plaintiffs' Second Ameded Complaint. Filed by Associated Materials, LLC., Associated Materials Incorporated. (Sands, Darin)
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Filing 53
Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is striking the Oral Argument Hearing set for 8/7/2017. Defendants' Motion to Dismiss (ECF #39 ) is DENIED with leave to renew. Ordered by Judge Michael H. Simon. (mja)
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Filing 52
Second Amended Complaint . Filed by Michael Harney, Ozzie Gilbert against Associated Materials Incorporated, Associated Materials, LLC.. (Wilkinson, Robert)
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Filing 51
Joint Stipulation for Dismissal of Claims Asserted by Christine Wayenberg With Prejudice Pursuant to FRCP 41(A)(1)(A)(II) by All Plaintiffs. Filed by All Plaintiffs. (Monahan, Justin)
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Filing 50
Order - Setting Oral Argument on Defendant's Motion to Dismiss (ECF #39 for 8/7/2017 at 10:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja)
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Filing 49
Reply to Motion to Dismiss for Failure to State a Claim #39 Oral Argument requested. Filed by Associated Materials Incorporated, Associated Materials, LLC.. (Sands, Darin)
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Filing 48
Order Under Federal Rules of Evidence 502(D) and (E). Signed on 5/1/2017 by Judge Michael H. Simon. (mja)
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Filing 47
Stipulated Protective Order. Signed on 5/1/2017 by Judge Michael H. Simon. (mja)
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Filing 46
ORDER - The Parties' Joint Motion to Vacate Schedule (ECF #43 ) is GRANTED. The Court will set a scheduling conference once it has ruled on the Defendants' Motion to Dismiss, ECF #39 . Ordered by Judge Michael H. Simon. (mja)
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Filing 45
Proposed Form of Order Submitted (filed as Stipulated Request for an Order Under Federal Rules of Evidence 502(D) and (E) and Proposed Order. Filed by All Defendants. (Sands, Darin)
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Filing 44
Proposed Form of Order Submitted filed as Stipulated Protective Order. Filed by All Defendants. (Sands, Darin)
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Filing 43
Joint Motion to Vacate Schedule and for Post-Rule 12 Scheduling Conference. Filed by All Defendants. (Sands, Darin)
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Filing 42
Response Plaintiffs' Opposition to Motion to Dismiss to Motion to Dismiss for Failure to State a Claim #39 Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Declaration, #2 Exhibit A - D, #3 Exhibit E, #4 Exhibit F - G, #5 Exhibit H - I) (Monahan, Justin)
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Filing 41
ORDER - Plaintiffs' Unopposed Motion to Extend Date to Respond to Defendants' Second Motion to Dismiss (ECF #40 ) is GRANTED. Response is due by 4/18/2017. Reply is due by 5/2/2017. Ordered by Judge Michael H. Simon. (mja)
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Filing 40
Unopposed Motion for Extension of Time to Respond to Defendants' Second Motion to Dismiss. Filed by All Plaintiffs. (Monahan, Justin)
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Filing 39
Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Associated Materials, LLC., Associated Materials Incorporated. (Sands, Darin)
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Filing 38
ORDER - Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint #37 is GRANTED. Response due by 3/21/2017. Ordered by Judge Michael H. Simon. (mja)
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Filing 37
Unopposed Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint. Filed by Associated Materials Incorporated, Associated Materials, LLC.. (Sands, Darin)
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Filing 36
Amended Complaint Amended Class Action Allegation Complaint. Filed by Michael Harney, Ozzie Gilbert, Christine Wayenberg against All Defendants. (Monahan, Justin)
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Filing 35
Order - The Court strikes the oral argument hearing set for 3/6/2017. See Order #34 . Ordered by Judge Michael H. Simon. (mja)
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Filing 34
ORDER - The Court interprets Plaintiff's response as requesting leave to file an amended complaint. The Court GRANTS Plaintiff leave to amend his complaint, DENIES Defendants' pending Motion to Dismiss (ECF #27 ) as moot, and will evaluate the merits of any subsequent motion to dismiss by Defendants after Plaintiff files his First Amended Complaint. Plaintiff has until February 20, 2017, to file his First Amended Complaint. Signed on 2/6/2017 by Judge Michael H. Simon. (mja)
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Filing 33
Order - Setting oral argument on Defendants' motion to dismiss (ECF #27 ) for 3/6/2017 at 10:00AM in Portland, Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja)
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Filing 32
Reply to Motion to Dismiss and Memorandum in Support Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #27 Oral Argument requested. Filed by Associated Materials Incorporated, Associated Materials, LLC.. (Sands, Darin)
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Filing 31
Joint Report Of Rule 26(f) Conference and Discovery Plan. Filed by Michael Harney. (Wilkinson, Robert)
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Filing 30
Response in Opposition to Motion to Dismiss and Memorandum in Support Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #27 Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit Declaration In Support w/Exhibits) (Wilkinson, Robert)
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Filing 29
ORDER - Plaintiff's Unopposed Motion to Extend Date to Respond to Motion to Dismiss (ECF #27 ) is GRANTED. Response is due by 12/30/2016. Ordered by Judge Michael H. Simon. (mja)
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Filing 28
Motion for Extension of Time to File a Response/Reply to Motion to Dismiss and Memorandum in Support Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #27 . Filed by All Plaintiffs. (Monahan, Justin)
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Filing 27
Motion to Dismiss and Memorandum in Support Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Oral Argument requested. Filed by All Defendants. (Sands, Darin)
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Filing 26
Return of Service Executed as to Associated Materials, LLC. served on 10/17/2016, answer due on 11/7/2016 (Monahan, Justin) Modified on 12/5/2016 to reflect service date and answer due date (jtj).
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Filing 25
Return of Service Executed as to Associated Materials Incorporated served on 11/1/2016, answer due on 11/22/2016. (Monahan, Justin)
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Filing 24
Notification of CM/ECF Account for Daniel M. Kavouras (Pro Hac Vice admission). Your login is: dmkavouras. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 23
ORDER: Granting Application for Special Admission Pro Hac Vice of Daniel M. Kavouras for Associated Materials Incorporated and Associated Materials, LLC.. Application Fee in amount of $300 collected. Receipt No. 0979-4807082 issued. Signed on 11/7/2016 by Judge Michael H. Simon. (ecp)
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Filing 22
Notification of CM/ECF Account for Michael K. Farrell (Pro Hac Vice admission). Your login is: mkfarrell. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 21
ORDER: Granting Application for Special Admission Pro Hac Vice of Michael K. Farrell for Associated Materials Incorporated and Associated Materials, LLC.. Application Fee in amount of $300 collected. Receipt No. 0979-4807079 issued. Signed on 11/7/2016 by Judge Michael H. Simon. (ecp)
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Filing 20
Notification of CM/ECF Account for Sam A. Camardo (Pro Hac Vice admission). Your login is: sacamardo. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 19
ORDER: Granting Application for Special Admission Pro Hac Vice of Sam A. Camardo for Associated Materials Incorporated and Associated Materials, LLC.. Application Fee in amount of $300 collected. Receipt No. 0979-4807070 issued. Signed on 11/7/2016 by Judge Michael H. Simon. (ecp)
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Filing 18
ORDER - Defendants' Motion for Extension of Time to Answer (ECF #13 ) is GRANTED. Answer or other responsive pleading is due by 12/5/2016. Ordered by Judge Michael H. Simon. (mja)
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Filing 17
Motion for Leave to Appear Pro Hac Vice for Attorney Daniel M. Kavouras . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4807082. Filed by All Defendants. (Sands, Darin)
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Filing 16
Motion for Leave to Appear Pro Hac Vice for Attorney Michael F. Farrell . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4807079. Filed by All Defendants. (Sands, Darin)
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Filing 15
Motion for Leave to Appear Pro Hac Vice for Attorney Sam A. Camardo . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4807070. Filed by All Defendants. (Sands, Darin)
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Filing 14
Corporate Disclosure Statement . Filed by All Defendants. (Sands, Darin)
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Filing 13
Unopposed Motion for Extension of Time to Answer Plaintiff's Complaint. Filed by All Defendants. (Sands, Darin)
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Filing 12
ORDER - Plaintiff's Motion for Extension of Discovery & PTO Deadlines (ECF #11 ) is GRANTED. The service of the summons and complaint is extended to 12/2/2016. Discovery is to be completed by 4/3/2017. Joint Alternate Dispute Resolution Report is due by 5/3/2017. Pretrial Order is due by 5/3/2017. Ordered by Judge Michael H. Simon. (mja)
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Filing 11
Motion for Extension of Discovery & PTO Deadlines and Service on Defendant. Filed by Michael Harney. (Monahan, Justin)
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Filing 10
Notification of CM/ECF Account for Michael J. Lowder (Pro Hac Vice admission). Your login is: mjlowder. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 9
ORDER: Granting Application for Special Admission Pro Hac Vice of Michael J. Lowder for Michael Harney. Application Fee in amount of $300 collected. Receipt No. 0979-4723140 issued. Signed on 8/22/2016 by Judge Michael H. Simon. (ecp)
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Filing 8
Notification of CM/ECF Account for Alex M. Nelson (Pro Hac Vice admission). Your login is: amnelson. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 7
ORDER: Granting Application for Special Admission Pro Hac Vice of Alex M. Nelson for Michael Harney. Application Fee in amount of $300 collected. Receipt No. 0979-472311 issued. Signed on 8/22/2016 by Judge Michael H. Simon. (ecp)
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Filing 6
Clerk's Notice of Docket Correction regarding #4 Motion to Appear Pro Hac Vice for Alex M. Nelson. The PDF attached to this entry at filing was incorrect. The document was missing the signature of local counsel. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. (eo)
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Filing 5
Motion for Leave to Appear Pro Hac Vice for Attorney Michael J. Lowder . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4723140. Filed by Michael Harney. (Monahan, Justin)
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Filing 4
Motion for Leave to Appear Pro Hac Vice for Attorney Alex M. Nelson . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-4723112. Filed by Michael Harney. (Monahan, Justin) (Main Document 4 replaced on 8/19/2016) (eo).
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Filing 3
Summons Issued Electronically as to Associated Materials Incorporated, Associated Materials, LLC.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (ecp)
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Filing 2
Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 12/2/2016. Joint Alternate Dispute Resolution Report is due by 1/3/2017. Pretrial Order is due by 1/3/2017. Ordered by Judge Michael H. Simon. (ecp)
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Filing 1
Complaint. Class Action Allegation Complaint Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4707334 Jury Trial Requested: Yes. Filed by Michael Harney against Associated Materials Incorporated, dba Alside, Associated Materials, LLC, dba Alside (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Proposed Summons). (Wilkinson, Robert)
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