Boynton, et al v. Headwaters Inc, et al
| Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard and David Alan Bernard |
| Headwaters, Inc., Covol Technologies, Inc., James G. Davidson and A. Graydon Hoover |
| Vincent M. Hamilton and Max Irvin |
| 1:2002cv01111 |
| May 6, 2002 |
| US District Court for the Western District of Tennessee |
| Jackson Office |
| Henry |
| Edward G Bryant |
| Jon Phipps McCalla |
| Patent |
| 35 U.S.C. § 271 Patent Infringement |
| Both |
Docket Report
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This docket was last retrieved on April 11, 2011. A more recent docket listing may be available from PACER.
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Filing 624
MOTION for Kathering A. Carreau for Leave to Appear Pro Hac Vice as counsel for Headwaters, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Rec M 116148)(jae)
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Filing 623
ORDER granting #621 Motion for Extension of Time to File Response/Reply MOTION for Protective Order: Replies due by 11/11/2008.Signed by Magistrate Judge Diane K. Vescovo on 11/10/2008. (Vescovo, Diane)
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Filing 622
REPLY to Response to Motion re #610 MOTION for Protective Order filed by all plaintiffs. (Attachments: #1 Exhibit 1 8/19/03 Irvin Depos., #2 Exhibit 2 4/19/04 Irvin Depos., #3 Exhibit 3 2/18/08 Hoover Depos., #4 Exhibit 4 2nd Boynton Aff., #5 Exhibit 5 5/13/99 Boynton ltr to Davidson, #6 Exhibit 6 5/25/99 Report to Shareholders, #7 Exhibit 7 6/6/91 Wilson ltr to Davidson, #8 Exhibit 8 8/18/98 Hoover fax to Laycock, #9 Errata unreported case Marks Shell & Maness v. Mann, #10 Errata unreported case Hawkins v. Holiday Inns)(Greene, Jeffrey)
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Filing 621
MOTION for Extension of Time to File Response/Reply as to #610 MOTION for Protective Order proposed order submitted by all plaintiffs. (Greene, Jeffrey)
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Filing 620
ORDER granting #619 Motion for Leave to File Reply. Signed by Magistrate Judge Diane K. Vescovo on 11/4/08. (Vescovo, Diane)
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Filing 619
MOTION for Leave to File Reply to defendant's Response to Motion for Protective Order, Proposed Order Submitted by all plaintiffs. (Oakley, Greg)
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Filing 618
TEXT-ONLY ORDER REFERRING MOTION FOR DETERMINATION: #610 MOTION for Protective Order. (** No Image Associated with this Order**).Signed by Chief Judge Jon Phipps McCalla on 11/3/2008. (McCalla, Jon)
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Filing 617
RESPONSE in Opposition re #610 MOTION for Protective Order filed by Headwaters, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Lorimer, Brent)
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Filing 616
ORDER granting #615 Motion for Leave to File over-length brief. Signed by Magistrate Judge Diane K. Vescovo on 10/30/2008. (Vescovo, Diane)
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Filing 615
Joint MOTION for Leave to File an Over-Length Brief (proposed order submitted) by Headwaters, Inc.. (Freeman, R.)
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Filing 614
ORDER granting #613 Motion to Extend Deadline to File Response. Signed by Magistrate Judge Diane K. Vescovo on 10/28/08. (Vescovo, Diane)
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Filing 613
Consent MOTION to Extend Deadline of Time to Respond to Plaintiffs' Motion for Protective Order (proposed order submitted) by Headwaters, Inc.. (Freeman, R.)
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Filing 612
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #610 MOTION for Protective Order filed by Renelda J. Westfall, Norma Ann Logan, Richard M. Boynton, David Alan Bernard, Aaron Scott Bernard, Philip E. Boynton, Alan F. Bernard, Linda R. Bernard, Clarence W. Boynton, Shannon Nonn has been filed. For future reference, please note : Filer did not indicate as required if a proposed order was submitted. If no order was emailed to chambers, please do so upon receipt of this notice. Filer is not required to resubmit document. (jae)
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Filing 611
REPLY to Response to Motion re #584 MOTION to Stay Pending Appeal (Proposed Order Submitted) filed by Headwaters, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lorimer, Brent)
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Filing 610
MOTION for Protective Order by all plaintiffs. (Attachments: #1 Certificate of Consultation, #2 Exhibit 1 Discovery Plan, #3 Exhibit 2 First Interrogatories, #4 Exhibit 3 First Production Demand, #5 Exhibit 4 Second Interrogatories, #6 Exhibit 5 Second Production Demand, #7 Exhibit 6 Plaintiffs' Response, #8 Exhibit 8 Headwaters' Reply, #9 Exhibit 8 8/23/05 Pretrial Order, #10 Affidavit Declaration of Jeffrey A. Greene, #11 Memorandum Memorandum in Support of Motion, #12 Errata unreported case Groth v. Robert Bosch Corp., #13 Errata unreported case Hawkins v. Holiday Inns, Inc., #14 Errata unreported case Redmond v. Moody's)(Greene, Jeffrey)
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Filing 609
REPLY to Response to Motion re #580 MOTION for Reconsideration , or in the Alternative for Summary Judgment filed by Headwaters, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lorimer, Brent)
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Filing 608
ORDER GRANTING #603 HEADWATERS UNOPPOSED MOTION FOR LEAVE TOFILE A REPLY IN SUPPORT OF ITS MOTION FOR RECONSIDERATION. Signed by Chief Judge Jon Phipps McCalla on 10/6/2008. (McCalla, Jon)
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Filing 607
TEXT-ONLY ORDER GRANTING #606 UNOPPOSED MOTION FOR EXTENSION OF TIME (**No Image Associated with this Order**). Signed by Chief Judge Jon Phipps McCalla on 10/6/2008. (McCalla, Jon)
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Filing 606
MOTION for Extension of Time to File Motion for Protective Order, propsed order submitted by all plaintiffs. (Oakley, Greg)
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Filing 605
ORDER GRANTING #604 HEADWATERS UNOPPOSED MOTION FOR LEAVE TOFILE A REPLY IN SUPPORT OF ITS MOTION FOR STAY PENDING APPEAL. Signed by Chief Judge Jon Phipps McCalla on 10/3/2008. (McCalla, Jon)
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Filing 604
Consent MOTION for Leave to File a Reply in Support of Motion for Stay Pending Appeal (Proposed Order Submitted) by Headwaters, Inc.. (Freeman, R.)
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Filing 603
Consent MOTION for Leave to File a Reply in Support of Motion for Reconsideration (Proposed Order Submitted) by Headwaters, Inc.. (Freeman, R.)
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Filing 602
ORDER ADOPTING DESIGNATION OF CLASS COUNSEL #579 . Signed by Chief Judge Jon Phipps McCalla on 09/30/2008. (McCalla, Jon)
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Filing 601
RESPONSE in Opposition re #584 MOTION to Stay Pending Appeal (Proposed Order Submitted) filed by all plaintiffs. (Attachments: #1 Appendix Unreported case Jenkins v. Hyundai, #2 Appendix Unreported case Citizens Banking v. Citizens First, #3 Exhibit 1 Headwaters proposed discovery, #4 Exhibit 2 Plaintiffs response re: proposed discovery, #5 Exhibit 3 Headwaters' reply re: proposed discovery)(Greene, Jeffrey)
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Filing 600
RESPONSE in Opposition re #580 MOTION for Reconsideration , or in the Alternative for Summary Judgment filed by all plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Greene, Jeffrey)
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Filing 599
ORDER DENYING #593 MOTION TO STRIKESigned by Chief Judge Jon Phipps McCalla on 09/18/2008. (McCalla, Jon)
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Filing 598
JUDICIAL TRANSCRIPT (Unredacted) of Telephonic scheduling conference held on September 10, 2008 before Chief Judge Jon Phipps McCalla. Court Reporter: Brenda Parker. THE ELECTRONIC COPY OF THIS DOCUMENT IS FOR COURT USE ONLY. PLEASE CONTACT THE COURT REPORTER FOR A COPY OF THIS DOCUMENT. (agj)
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Filing 597
RESPONSE in Opposition re #593 MOTION to Strike #580 MOTION for Reconsideration , or in the Alternative for Summary Judgment filed by Headwaters, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lorimer, Brent)
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Filing 596
TEXT-ONLY ORDER GRANTING #588 MOTION TO WITHDRAW AS ATTORNEY. (No Image Associated with this Order). Signed by Chief Judge Jon Phipps McCalla on 09/15/2008. (McCalla, Jon)
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Filing 595
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #594 Memorandum in Support of Motion filed by Renelda J. Westfall, Norma Ann Logan, Richard M. Boynton, David Alan Bernard, Aaron Scott Bernard, Philip E. Boynton, Alan F. Bernard, Linda R. Bernard, Clarence W. Boynton, Shannon Nonn, #593 MOTION to Strike #580 MOTION for Reconsideration , or in the Alternative for Summary Judgment filed by Renelda J. Westfall, Norma Ann Logan, Richard M. Boynton, David Alan Bernard, Aaron Scott Bernard, Philip E. Boynton, Alan F. Bernard, Linda R. Bernard, Shannon Nonn, Clarence W. Boynton has been filed. However, the following deficiency has been found: Please refer to the ECF Policy and Procedure manual, Section 10 (pages 17-19) on electronic signatures. Memorandums, exhibits, etc. are to be submitted as an attachment to the main document (motion), not as a separate entry. The filer will not be required to refile document at this time. (jae)
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Filing 594
MEMORANDUM in Support re #593 MOTION to Strike #580 MOTION for Reconsideration , or in the Alternative for Summary Judgment filed by all plaintiffs. (Greene, Jeffrey)
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Filing 593
MOTION to Strike #580 MOTION for Reconsideration , or in the Alternative for Summary Judgment by all plaintiffs. (Greene, Jeffrey)
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Filing 592
SETTING LETTER: Jury Trial set for 6/1/2009 09:30 AM in Courtroom 1 - Memphis before Chief Judge Jon Phipps McCalla. Pretrial Conference set for 5/15/2009 09:00 AM in Courtroom 1 - Memphis before Chief Judge Jon Phipps McCalla. Proposed Pretrial Order due by 4:30 PM on 5/4/2009. (jpw)
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Filing 591
Minute Entry for proceedings held before Chief Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 9/10/2008. All discovery to be completed by 4/10/2009. Jury Trial set for 6/1/2009 at 9:30 AM. (Trial is estimated to last 7-10 days). Pretrial Conference set for 5/15/2009 at 9:00 AM. Pretrial Order due by 4:30 PM on 5/4/2009. Defendant to submit a list of matters to be discovered by 9/15/2008. Plaintiff to respond by 9/22/2008. If no agreement can be reached, then Plaintiff is to file a *Motion for Protective Order by 10/6/2008. (Plaintiff: Jeffrey Greene, Greg Oakley) (Defense: Brent Lorimer, Leo Bearman, Parrish Freeman, Chad Nydegger) (Court Reporter: Brenda Parker) (jpw) *Modified on 9/11/2008 (jpw).
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Filing 590
ORDER AFTER TELEPHONIC SCHEDULING CONFERENCESigned by Chief Judge Jon Phipps McCalla on 09/10/2008. (McCalla, Jon)
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Filing 589
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #586 Certificate of Counsel filed by Headwaters, Inc., #585 Memorandum in Support of Motion,,,, filed by Headwaters, Inc. has been filed. For future reference, please note A memorandum, exhibit or additional documents filed with your motion will be an attachment. The attachment event will allow you to check a category box and give a short but specific description of the contents of each document being attached. See ECF Attorney Users Manual starting @ page 25. Filer is not required to resubmit document. (ehg)
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Filing 588
MOTION to Withdraw as Attorney by Clinton L. Kelly and Andy L. Allman by Norma Ann Logan, Renelda J. Westfall, Shannon Nonn. (Greene, Jeffrey)
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Filing 587
NOTICE by Headwaters, Inc. (Joint Notice of Filing) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lorimer, Brent)
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Filing 586
CERTIFICATE of Counsel re #584 MOTION to Stay Pending Appeal (Proposed Order Submitted) (Certificate of Consultation) by Brent P. Lorimer on behalf of Headwaters, Inc. (Lorimer, Brent)
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Filing 585
MEMORANDUM in Support re #584 MOTION to Stay Pending Appeal (Proposed Order Submitted) filed by Headwaters, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit 1 to Exhibit A, #3 Exhibit 2 to Exhibit A, #4 Exhibit 3 to Exhibit A, #5 Exhibit 4 to Exhibit A, #6 Exhibit 5 to Exhibit A, #7 Exhibit 6 to Exhibit A, #8 Exhibit 7 to Exhibit A, #9 Exhibit 8 to Exhibit A, #10 Exhibit 9 to Exhibit A, #11 Exhibit 10 to Exhibit A, #12 Exhibit 11 to Exhibit A, #13 Errata 12 to Exhibit A, #14 Exhibit 13 to Exhibit A, #15 Exhibit 14 to Exhibit A, #16 Exhibit 15 to Exhibit A, #17 Exhibit 16 to Exhibit A, #18 Exhibit 17 to Exhibit A, #19 Exhibit 18 to Exhibit A, #20 Exhibit 19 to Exhibit A, #21 Exhibit 20 to Exhibit A, #22 Exhibit 21 to Exhibit A, #23 Exhibit 22 to Exhibit A, #24 Exhibit 23 to Exhibit A, #25 Exhibit 24 to Exhibit A, #26 Exhibit 25 to Exhibit A, #27 Exhibit 26 to Exhibit A, #28 Exhibit 27 to Exhibit A, #29 Exhibit 28 to Exhibit A, #30 Exhibit 29 to Exhibit A)(Lorimer, Brent)
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Filing 584
MOTION to Stay Pending Appeal (Proposed Order Submitted) by Headwaters, Inc.. (Lorimer, Brent)
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Filing 583
CERTIFICATE of Counsel re #580 MOTION for Reconsideration , or in the Alternative for Summary Judgment (Certificate of Consultation) by R. Parrish Freeman, Jr on behalf of Headwaters, Inc. (Freeman, R.)
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Filing 582
ATTACHMENT to #581 Memorandum in Support of Motion by Headwaters, Inc.. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H)(Lorimer, Brent)
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Filing 581
MEMORANDUM in Support re #580 MOTION for Reconsideration , or in the Alternative for Summary Judgment filed by Headwaters, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lorimer, Brent)
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Filing 580
MOTION for Reconsideration , or in the Alternative for Summary Judgment by Headwaters, Inc.. (Lorimer, Brent)
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Filing 579
NOTICE by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard re #574 Order Designation of Class Counsel (Greene, Jeffrey)
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Filing 578
NOTICE of Appearance by Greg Oakley on behalf of all plaintiffs (Oakley, Greg)
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Filing 577
SETTING LETTER: Telephonic Scheduling Conference set for 9/10/2008 02:30 PM before Chief Judge Jon Phipps McCalla. (jpw)
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Filing 576
ORDER SCHEDUING STATUS CONFERENCE. Signed by Chief Judge Jon Phipps McCalla on 8/26/08. (McCalla, Jon)
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Filing 575
ORDER DENYING #524 Motion for Summary Judgment; DENYING #526 Motion for Summary Judgment; and DENYING #528 Motion for Partial Summary Judgment. Signed by Chief Judge Jon Phipps McCalla on 8/26/08. (McCalla, Jon)
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Filing 574
ORDER GRANTING MOTION TO CERTIFY CLASS PURSUANT TO RULE 23. Signed by Chief Judge Jon Phipps McCalla on 8/26/08. (McCalla, Jon)
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Filing 573
ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE EXCESS PAGES. Signed by Chief Judge Jon Phipps McCalla on 7/3/08. (McCalla, Jon)
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Filing 572
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #570 MOTION for Leave to File Excess Pages (Proposed Order Submitted) filed by Headwaters, Inc. has been filed. However, the following deficiency has been found: filers are not to submit proposed orders to CM/ECF, but only email proposed documents, orders, etc to chambers. (jae, ) spelling Modified on 7/2/2008 (jae, ).
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Filing 571
RESPONSE in Opposition re 435 MOTION to Certify Class (Supplemental Opposition to Plaintiffs' Brief to Certify a Class Under Rule 23(B)(3) filed by Headwaters, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Errata 4, #5 Exhibit 5, #6 Errata 6, #7 Errata 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 Errata 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)(Lorimer, Brent)
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Filing 570
MOTION for Leave to File Excess Pages (Proposed Order Submitted) by Headwaters, Inc.. (Attachments: #1 Text of Proposed Order)(Lorimer, Brent)
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Filing 569
TEXT-ORDER GRANTING #568 Motion for One Week Extension of Time to File Response to Supplemental Brief *** NO IMAGE ASSOCIATED WITH THIS ORDER. Signed by Chief Judge Jon Phipps McCalla on 6/13/08. (McCalla, Jon)
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Filing 568
MOTION for Extension of Time to File Response/Reply (Proposed Order Submitted) by Headwaters, Inc.. (Lorimer, Brent)
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Filing 567
MEMORANDUM in Support re 435 MOTION to Certify Class filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Attachments: #1 Exhibit Index to Exhibits, #2 Exhibit A. Decl. of Scott Bernard, #3 Exhibit B. 4/27/04 Hoover Depos. Excerpts, #4 Exhibit C. Stock Cert. (Depos. Exh. 31), #5 Exhibit D. Dividend List (Depos. Exh. 159), #6 Exhibit E. 3/7/02 Fax (Depos. Exh. 166), #7 Exhibit F. 8/23/05 Joint Pretrial Order)(Greene, Jeffrey)
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Filing 566
NOTICE by Headwaters, Inc. Request for Removal of Counsel From Service List (Lorimer, Brent)
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Unassigned 7 added. Judge S. Thomas Anderson no longer assigned to case. (jae, )
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Filing 565
ORDER FOLLOWING TELEPHONE CONFERENCE. Signed by Chief Judge Jon Phipps McCalla on 5/19/08. (McCalla, Jon)
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Filing 564
Minute Entry for proceedings held before Chief Judge Jon Phipps McCalla: Telephone Conference held on 5/19/2008. Plaintiff to file a brief as to class certification under Rule 23 by 6/9/2008. Defendant to respond by 6/23/2008. (Plaintiff: Clint Kelly, Jeffrey Greene, Greg Oakley) (Defense: Brent Lorimer, Leo Bearman, Charles Nydegger) (Court Reporter: Brenda Parker) (jpw)
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Filing 563
SETTING LETTER: Telephone Conference set for 5/19/2008 at 9:30 AM before Chief Judge Jon Phipps McCalla. (jpw)
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Filing 562
ORDER SETTING TELEPHONE CONFERENCE. Signed by Chief Judge Jon Phipps McCalla on 5/1/08. (McCalla, Jon)
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Filing 561
RESPONSE in Opposition re 435 MOTION to Certify Class (Headwaters' Supplemental Brief No. 2 on Class Certification Pursuant to the Court's Order of March 12, 2008) filed by Headwaters, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lorimer, Brent)
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Filing 559
RESPONSE in Support re 435 MOTION to Certify Class Supplemental Memorandum re: Constructive Trust per Order #551 filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Greene, Jeffrey)
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Filing 560
Mail Returned as Undeliverable. Mail sent to David Wright. (jld, )
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Filing 558
TEXT-ONLY ORDER GRANTING #557 Motion for Extension of Time to File Supplemental Brief *** NO IMAGE ASSOCIATED WITH THIS ORDER. Signed by Chief Judge Jon Phipps McCalla on 3/28/08. (McCalla, Jon)
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Filing 557
MOTION for Extension of Time to File Response/Reply as to #551 Order by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Greene, Jeffrey)
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Filing 556
ORDER granting #555 Motion for Leave to Appear Pro Hac Vice. Signed by Chief Judge Jon Phipps McCalla on 3/20/08. (McCalla, Jon)
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Filing 555
MOTION for Leave to Appear Pro Hac Vice for Chad Nydegger to appear as counsel for Headwaters, Inc..(proposed order submitted) (Attachments: #1 Certificate of Good Standing, #2 Affidavit, #3 Rec # M 112376)(jae, )
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Filing 554
TEXT-ONLY ORDER GRANTING #553 Motion for Extension of Time to File *** NO IMAGE ASSOCIATED WITH THIS ORDER. Signed by Chief Judge Jon Phipps McCalla on 3/18/08. (McCalla, Jon)
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Filing 553
MOTION for Extension of Time to File Response/Reply as to #551 Order by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Attachments: #1 Memorandum)(Greene, Jeffrey)
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Filing 552
RESPONSE in Opposition re 435 MOTION to Certify Class (Supplemental Brief in Opposition) filed by Headwaters, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Lorimer, Brent)
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Filing 551
ORDER FOLLOWING TELEPHONE CONFERENCE. Signed by Chief Judge Jon Phipps McCalla on 3/12/08. (McCalla, Jon)
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Filing 550
Minute Entry for proceedings held before Chief Judge Jon Phipps McCalla: Telephonic Hearing re: 435 , #524 , #526 and #528 held on 3/12/2008. Motions heard. Order to be entered. Submittals re: sub-classes due by both sides within 5 days. (Plaintiff: Clint Kelly, Jeffrey Greene, Greg Oakley) (Defense: Brent Lorimer, Leo Bearman, Parrish Freeman) (Court Reporter: Brenda Parker) (jpw)
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Filing 549
NOTICE by Headwaters, Inc. (Letter to Court regarding Supplemental Legal Authority pertinent to Class Certification issue) (Attachments: #1 Appendix Tigg v. Pirelli)(Freeman, R.)
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Filing 548
SETTING LETTER: Telephonic Hearing re: 435 , #524 , #526 and #528 reset for 3/12/2008 at 8:45 AM before Chief Judge Jon Phipps McCalla. (jpw)
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Filing 547
ORDER RESCHEDULING TELEPHONE CONFERENCE. Signed by Chief Judge Jon Phipps McCalla on 2/11/08. (McCalla, Jon)
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Filing 546
NOTICE by Headwaters, Inc. re #528 MOTION for Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent by Reason of any Breach of Fiduciary Duty, #524 MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did not Acquire any Rights in the '629 Patent by Reason of Any Express or Implied Contract with Davidson), #526 MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent Through the 1991 Assignment) (Headwaters' Response to Plaintiffs' "Statement of Facts") (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)(Lorimer, Brent)
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Filing 545
REPLY to Response to Motion re #528 MOTION for Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent by Reason of any Breach of Fiduciary Duty filed by Headwaters, Inc.. (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)(Lorimer, Brent)
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Filing 544
REPLY to Response to Motion re #526 MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent Through the 1991 Assignment) filed by Headwaters, Inc.. (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)(Lorimer, Brent)
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Filing 543
REPLY to Response to Motion re #524 MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did not Acquire any Rights in the '629 Patent by Reason of Any Express or Implied Contract with Davidson) filed by Headwaters, Inc.. (Lorimer, Brent)
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Filing 542
SETTING LETTER: Telephonic Hearing re: Class Certification reset for 2/20/2008 03:30 PM before Chief Judge Jon Phipps McCalla. (jpw)
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Filing 541
ORDER granting #539 Motion to Continue. Signed by Chief Judge Jon Phipps McCalla on 1/16/08. (McCalla, Jon)
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Filing 540
RESPONSE in Opposition re #528 MOTION for Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent by Reason of any Breach of Fiduciary Duty, #524 MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did not Acquire any Rights in the '629 Patent by Reason of Any Express or Implied Contract with Davidson), #526 MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent Through the 1991 Assignment) filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Attachments: #1 Supplement Index to Exhibits, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D-1, #8 Exhibit D-2, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L-1, #17 Exhibit L-2, #18 Exhibit L-3, #19 Exhibit M, #20 Exhibit N, #21 Exhibit O, #22 Exhibit P, #23 Exhibit Q-1, #24 Exhibit Q-2, #25 Exhibit R, #26 Exhibit S, #27 Exhibit T, #28 Exhibit U, #29 Exhibit V, #30 Exhibit W, #31 Exhibit X, #32 Exhibit Y, #33 Exhibit Z)(Greene, Jeffrey)
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Filing 539
MOTION to Continue Telephonic Hearing Set 1/18/05 Proposed Order Submitted by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Greene, Jeffrey)
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Filing 538
ORDER granting #536 Motion for Extension of Time to File Response/Reply. Signed by Chief Judge Jon Phipps McCalla on 1/7/08. (McCalla, Jon)
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Filing 537
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #536 First MOTION for Extension of Time to File Response/Reply has been filed. For future reference, please note : Filer did not indicate if a proposed order was emailed to chambers. If no proposed Order was submitted, please do so upon receipt of this notice, otherwise no action is necessary. Filer is not required to resubmit document. (jae, )
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Filing 536
First MOTION for Extension of Time to File Response/Reply as to #528 MOTION for Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent by Reason of any Breach of Fiduciary Duty, #524 MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did not Acquire any Rights in the '629 Patent by Reason of Any Express or Implied Contract with Davidson), #526 MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent Through the 1991 Assignment) proposed order submitted by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Greene, Jeffrey)
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Filing 535
SETTING LETTER: Telephonic Hearing re: #524 , #526 and #528 Defendant's Motions for Partial Summary Judgment set for 2/14/2008 at 2:30 PM before Chief Judge Jon Phipps McCalla. (jpw)
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Filing 534
ORDER SCHEDULING TELEPHONE CONFERENCE on Motions #524 , #526 & #528 . Signed by Chief Judge Jon Phipps McCalla on 1/2/08. (McCalla, Jon)
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Filing 533
TEXT-ONLY ORDER granting #532 Motion for Leave to File Reply (no image associated). Signed by Judge Jon Phipps McCalla on 12/31/07. (McCalla, Jon)
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Filing 532
MOTION for Leave to File Reply in Support of Motion to Certify 435 proposed order submitted by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Attachments: #1 Exhibit A. Proposed Reply Memorandum)(Greene, Jeffrey)
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Filing 531
RESPONSE in Opposition re 435 MOTION to Certify Class (Headwaters' Response to Plaintiffs' Supplemental Memorandum in Support of Class Certification) filed by Headwaters, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Exhibit O#16 Exhibit P#17 Exhibit Q)(Lorimer, Brent)
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Filing 530
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document(s) #525 , #527 and #529 have been filed. For future reference, please note : Memorandums, certificate of consultations, exhibits, etc. should all be filed as attachments to the main document (motions in this instance), not submitted as separate entries. Filer is not required to resubmit document. (jae, )
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Filing 529
MEMORANDUM in Support re #528 MOTION for Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent by Reason of any Breach of Fiduciary Duty filed by Headwaters, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Exhibit O)(Lorimer, Brent)
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Filing 528
MOTION for Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent by Reason of any Breach of Fiduciary Duty by Headwaters, Inc.. (Lorimer, Brent)
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Filing 527
MEMORANDUM in Support re #526 MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent Through the 1991 Assignment) filed by Headwaters, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N)(Lorimer, Brent)
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Filing 526
MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did Not Acquire Rights in the '629 Patent Through the 1991 Assignment) by Headwaters, Inc.. (Lorimer, Brent)
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Filing 525
MEMORANDUM in Support re #524 MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did not Acquire any Rights in the '629 Patent by Reason of Any Express or Implied Contract with Davidson) filed by Headwaters, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G#8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Exhibit L#13 Exhibit M#14 Exhibit N#15 Exhibit O#16 Exhibit P#17 Exhibit Q#18 Exhibit R#19 Exhibit S#20 Exhibit T)(Lorimer, Brent)
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Filing 524
MOTION for Summary Judgment (Partial Summary Judgment That Plaintiffs Did not Acquire any Rights in the '629 Patent by Reason of Any Express or Implied Contract with Davidson) by Headwaters, Inc.. (Lorimer, Brent)
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Filing 523
MEMORANDUM in Support re 435 MOTION to Certify Class Supplemental Memorandum filed by all plaintiffs. (Greene, Jeffrey)
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Filing 522
ORDER FOLLOWING TELEPHONE CONFERENCE. Signed by Judge Jon Phipps McCalla on 11/15/07. (McCalla, Jon)
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Filing 521
SETTING LETTER: Telephonic Hearing re: Class Certification set for 1/18/2008 09:30 AM before Judge Jon Phipps McCalla. (jpw)
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Filing 520
Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Status Conference held on 11/15/2007. Plaintiffs' supplemental brief re: Class Certification due by 12/6/2007. Defendants' supplemental brief re: Class Certification due by 12/17/2007. Telephonic Hearing re: Class Certification set for 1/18/2007 at 9:30 AM in Courtroom 4 - Memphis before Judge Jon Phipps McCalla. (Plaintiff: Clint Kelly, Jeffrey Greene) (Defense: Brent Lorimer, Leo Bearman, Parrish Freeman) (General Counsel for Headwaters: Harlan Hatfield) (Court Reporter: Brenda Parker) (jpw)
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Filing 519
SETTING LETTER: Telephonic Status Conference reset for 11/15/2007 02:30 PM before Judge Jon Phipps McCalla. (jpw)
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Filing 518
SETTING LETTER: Telephonic Status Conference set for 10/25/2007 09:00 AM before Judge Jon Phipps McCalla. (jpw)
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Filing 517
ORDER GRANTING UNOPPOSED MOTION #516 FOR A STATUS CONFERENCE. Signed by Judge Jon Phipps McCalla on 9/28/07. (McCalla, Jon)
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Filing 516
MOTION for Hearing re Requesting Status Conference (proposed order submitted) by Headwaters, Inc.. (Attachments: #1 Certificate of Consultation #2 Exhibit A to Certificate of Consultation#3 Exhibit B to Certificate of Consultation#4 Exhibit C to Certificate of Consultation)(Lorimer, Brent)
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Filing 515
USCA JUDGMENT as to #495 Notice of Appeal, filed by Renelda J. Westfall, Norma Ann Logan, Richard M. Boynton, David Alan Bernard, Aaron Scott Bernard, Philip E. Boynton, Alan F. Bernard, Linda R. Bernard, Clarence W. Boynton, Shannon Nonn, Vacate The Court's Grant Of Summary Judgment Regarding The Constructive Trust Claim. We However, AFFIRM the District Court's Dismissal Of Plaintiffs' Patent Infringement Claim On The Pleadings and Plaintiffs Interference With Contract Claim On Summary Judgment. The Decision Of The District Court Dismissing Plaintiffs' Patent Infringement Claim on the Pleadings And Plaintiffs' Civil Conspiracy, Interference And With Contract, And Constructive Trust Claims on Summary Judgement Is Affirmed-In-Part and Vacated-In-Part. The Case Is REMANDED to the District Court For Further Proceedings Consistent With This Opinion With Respect To Plaintiffs' Civil Conspiracy And Constructive Trust Claims. (jld, )
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Filing 514
USCA JUDGMENT as to #495 Notice of Appeal, filed by Philip E. Boynton,, Clarence W. Boynton,, Richard M. Boynton,, Norma Ann Logan,, Renelda J. Westfall,, Shannon Nonn,, Aaron Scott Bernard,, Alan F. Bernard,, Linda R. Bernard,, David Alan Bernard, Notice of entry of Judgment Accompanied By Opinion entered 7/27/2007. The case is Remanded to the District Court for Further Proceedings Consistent with this Opinion with Respect to Plaintiffs' Civil and Constructive Trust Claims. (jld, )
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Filing 513
ORDER Adopting Clerk's Report to the Court; ORDER Granting in Part and Denying in Part #506 Plaintiffs' Motion for Review of Award of Costs or to Delay Assessment of Costs. Signed by Judge Jon Phipps McCalla on 11/9/06. (McCalla, Jon)
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Filing 512
REPORT TO THE COURT by Thomas M. Gould on calculation and award of copy costs; re #504 Order Taxing Costs entered 6/23/06.(Wherry, Tracy)
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Filing 511
ORDER OF REFERENCE. Signed by Judge Jon Phipps McCalla on 8/18/06. (McCalla, Jon)
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Filing 510
RESPONSE in Opposition re #506 MOTION for Review of Award of Costs or to Delay Assessment of Costs re #504 Order Taxing Costs filed by Headwaters, Inc.. (Attachments: #1 Exhibit 1 - Order Taxing Costs#2 Exhibit 2 - Freeman Declaration#3 Exhibit 3 - Bearman Declaration)(Freeman, R.)
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Filing 509
TEXT ORDER -- ORDER granting #505 Motion for Extension of Time to Object to Award of Costs. Signed by Judge Jon Phipps McCalla on 7/18/06. (McCalla, Jon)
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Filing 508
COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #507 Memorandum in Support of Motion, filed by Philip E. Boynton,, Clarence W. Boynton,, Norma Ann Logan,, Renelda J. Westfall,, Shannon Nonn,, Aaron Scott Bernard,, Alan F. Bernard,, Linda R. Bernard,, David Alan Bernard, has been filed. For future reference, please note : Memorandums, certificate of consultations, etc. must be included in the original document as attachments, not submitted as a separate entry. Please see attorney user manual, CM/ECF policies and procedures manual or contact the help desk if assistance is needed for future filings. Filer is not required to resubmit document. (jae, )
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Filing 507
MEMORANDUM in Support re #506 MOTION for Review of Award of Costs or to Delay Assessment of Costs re #504 Order Taxing Costs filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Attachments: #1 Exhibit 1#2 Exhibit 2)(Greene, Jeffrey)
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Filing 506
MOTION for Review of Award of Costs or to Delay Assessment of Costs re #504 Order Taxing Costs by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Greene, Jeffrey)
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Filing 505
MOTION for Extension of Time to File Motion to Review Order Taxing Costs by David Alan Bernard, Vincent M. Hamilton, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Greene, Jeffrey)
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Filing 504
ORDER TAXING COSTS against Plaintiffs and for Defendant in the amount of $80,237.67. Order by Clerk of Court Thomas M. Gould on 06/23/2006. (Wherry, Tracy)
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Filing 503
NOTICE of Docketing from the United States Court of Appeals for the Federal Circuit. Case # 2006-1471. (Attachments: #1 Envelope)(cdi, )
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Filing 502
ORDER of USCA (Filed 6/9/06 at USCA) as to #495 Notice of Appeal: "The defendant's motion to dismiss is DENIED and this appeal is TRANSFERRED to the United States Court of Appeals for the Federal Circuit." (Attachments: #1 Cover Letter)(cdi, )
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Filing 501
NOTICE by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard re #496 Bill of Costs Objection to Bill of Costs (Greene, Jeffrey)
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APPEAL Filing fee received: $ 255, receipt number M100621 (agj,)
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Filing 500
TRANSCRIPT REQUEST by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard re #495 Notice of Appeal, (Greene, Jeffrey)
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Filing 499
USCA Case Number 06-6326 for #495 Notice of Appeal, filed by Philip E. Boynton,, Clarence W. Boynton,, Richard M. Boynton,, Norma Ann Logan,, Renelda J. Westfall,, Shannon Nonn,, Aaron Scott Bernard,, Alan F. Bernard,, Linda R. Bernard,, David Alan Bernard (cm: A. Crockett). (jae, )
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Filing 498
NOTICE: Bill of cost hearing set for April 13, 2006 at 10:00 am in the Clerk's office. (jae, )
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Filing 497
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #496 Bill of Costs filed by Headwaters, Inc., has been filed. However, the following deficiency has been found: Document was filed as a bill of costs when it should have been filed as a motion for bill of cost. Only one of the attachments includes a description. E-filers are urged to adopt a precise naming convention to clearly delineate the nature of every attachment; that is, do not refer to those attachments as merely "attachment 1,""attachment 2" because it will likely be more difficult for the court to find and evaluate those attachments. Filer does not need to resubmit document. (jae, ).
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Filing 496
BILL OF COSTS by Headwaters, Inc.. (Attachments: #1 Affidavit in Support of Bill of Costs#2 Exhibit 1#3 Exhibit 2#4 Exhibit 3#5 Exhibit 4#6 Exhibit 5#7 Exhibit 6#8 Exhibit 7)(Freeman, R.)
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Filing 495
NOTICE OF APPEAL by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. . (Greene, Jeffrey) Modified on 3/1/2006 to delete filing fee paid (jae, ).
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Filing 494
JUDGMENT in favor of Headwaters. Signed by Judge Jon Phipps McCalla on 2/2/06. (McCalla, Jon)
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Filing 493
ORDER granting 448 Motion for Summary Judgment. Signed by Judge Jon Phipps McCalla on 2/2/06. (McCalla, Jon)
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Filing 492
Notice of Correction to #489 MOTION in Limine to Preclude Plaintiffs from Arguing that Davidson Acted Unlawfully in Selling the '629 Patent and the Carbontec License to Headwaters, proposed order submitted,, #490 MOTION in Limine - Memorandum of Points and Authorities in Support of Defendant Headwaters' Motion in Limine to Preclude Plaintiffs from Arguing that Davidson Acted Unlawfully in Selling the '629 Patent and the Carbontec License to Headw. (Attachments: #1 Motion in Limine to Preclude Plaintiffs from Arguing that Davidson Acted Unlawfully in Selling the '629 Patent and the Carbontec License to Headwaters#2 Memorandum of Points and Authorities in Support of Motion in Limine to Preclude Plaintiffs from Arguing that Davidson Acted Unlawfully in Selling the '629 Patent and the Carbontec License to Headwaters#3 Exhibit A)(Freeman, R.)
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Filing 491
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #490 MOTION in Limine - Memorandum of Points and Authorities in Support of Defendant Headwaters' Motion in Limine to Preclude Plaintiffs from Arguing that Davidson Acted Unlawfully in Selling the '629 Patent and the Carbontec License to Headw filed by Headwaters, Inc., has been filed. However, the following deficiency has been found: 1) Your document was filed as a Motion; however the document attached was a MEMORANDUM. 2) Your Memorandum should not have been filed as a separate entry but should have been submitted as an attachment to your Motion transaction. (Example: Motion is filed.... Memorandum is a separate document; however it is to be submitted in the same transaction as the motion but as an attachment to your motion.) Please re-file your documents as a "NOTICE OF CORRECTION" and attaching the Motion and Memorandum as attachments to your Notice of Correction. The filer has one business day to correct the deficiency. (cdi, )
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Filing 490
MOTION in Limine - Memorandum of Points and Authorities in Support of Defendant Headwaters' Motion in Limine to Preclude Plaintiffs from Arguing that Davidson Acted Unlawfully in Selling the '629 Patent and the Carbontec License to Headwaters by Headwaters, Inc.. (Attachments: #1 Exhibit Exhibit A)(Freeman, R.)
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Filing 489
MOTION in Limine to Preclude Plaintiffs from Arguing that Davidson Acted Unlawfully in Selling the '629 Patent and the Carbontec License to Headwaters, proposed order submitted, by Headwaters, Inc.. (Freeman, R.)
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Filing 488
ORDER finding as moot 394 Motion in Limine, granting #487 Motion to Withdraw 396 MOTION in Limine. Signed by Judge Jon Phipps McCalla on 1/27/06. (McCalla, Jon)
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Filing 487
MOTION to Withdraw 394 MOTION in Limine to Exclude Evidence of Mr. Davidson's 2002 Criminal Convictions, proposed order submitted, by Headwaters, Inc.. (Pia, Joseph)
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Filing 486
REPLY to Response to Motion re 472 MOTION for Summary Judgment that the Putative Class Members' Claims are Barred by the Statute of Limitations filed by Headwaters, Inc.. (Attachments: #1 Exhibit 1)(Pia, Joseph) Modified on 2/2/2006 to edit text(jae, ).
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Filing 485
ORDER granting #484 Motion for Leave to File Reply. Defendant may now electronically file its reply. Signed by Judge Jon Phipps McCalla on 1/25/06. [No written order attached.] (McCalla, Jon)
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Filing 484
MOTION for Leave to File Reply to Plaintiffs' and Putative Plaintiffs' Joint Response in Opposition to Defendant's Motion for Summary Judgment Based on the Statute of Limitations, proposed order submitted, by Headwaters, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B)(Pia, Joseph) Modified on 2/2/2006 to edit text (jae, ).
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Filing 483
REPLY to Plaintiffs' Response to Headwaters' Motion re 460 MOTION for Summary Judgment on the Basis of Plaintiffs' Lack of Rights in the Disputed Property filed by Headwaters, Inc.. (Attachments: #1 Exhibit 1#2Exhibit 2#3Exhibit 3#4 Exhibit 4#5 Exhibit 5#6Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10)(Pia, Joseph) Modified on 1/25/2006 (ehg, ). Modified on 2/2/2006 to edit text (jae, ).
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Filing 481
RESPONSE in Opposition re 472 MOTION for Summary Judgment Based on the Statute of Limitations filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Greene, Jeffrey)
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Motions No Longer Referred: 394 MOTION in Limine, 384 MOTION in Limine, 380 MOTION in Limine, 386 MOTION in Limine, 389 MOTION in Limine - removed from Magistrate Judge Report (vlg)
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Filing 480
ORDER granting #478 Motion for Extension of Time to File Response/Reply . Signed by Judge Jon Phipps McCalla on 1/13/06. (McCalla, Jon)
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Filing 479
RESPONSE in Opposition re 460 MOTION for Summary Judgment filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Attachments: #1 Exhibit Exhibit A#2 Exhibit Exhibit B#3 Exhibit Exhibit C#4 Exhibit Exhibit D)(Greene, Jeffrey)
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Filing 478
Second MOTION for Extension of Time to File Response/Reply as to 460 MOTION for Summary Judgment proposed order submitted by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Greene, Jeffrey)
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Filing 477
DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #475 First MOTION for Extension of Time to File Response/Reply as to 460 MOTION for Summary Judgment on the Basis of Plaintiffs' Lack of Rights in the Disputed Property has been filed. However, the following deficiency has been found: Signatures MUST COMPLY with amended LR 11.1.Please see our website for further information. NO ACTION IS REQUIRED AT THIS TIME; HOWEVER, FUTURE FILINGS MUST BE IN COMPLIANCE WITH THE AMENDED LOCAL RULES.(cdi, )
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Filing 476
ORDER granting #475 Motion for Extension of Time to File Response/Reply . Signed by Judge Jon Phipps McCalla on 1/10/2006. (McCalla, Jon)
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Filing 475
First MOTION for Extension of Time to File Response/Reply as to 460 MOTION for Summary Judgment on the Basis of Plaintiffs' Lack of Rights in the Disputed Property by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (Attachments: #1 Text of Proposed Order [Proposed] Order#2 Certificate of Consultation Certificate of Consultation)(Greene, Jeffrey)
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Filing 474
ORDER granting 468 Motion to Withdraw as Attorney. Attorney Greg Oakley terminated . Signed by Judge Jon Phipps McCalla on 1/6/2006. (McCalla, Jon)
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Filing 473
STATEMENT OF UNDISPUTED FACTS AND MEMORANDUM OF POINTS AND AUTHORITIES in Support re 472 MOTION for Summary Judgment That The Puntative Class Members' Claims Are Barred By The Statue of Limitations filed by Headwaters, Inc.. (jae, )
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Filing 472
Conditional MOTION for Summary Judgment That Puntative Class Members' Claims Are Barred By The Statue of Limitations by Defendant Headwaters, Inc.. (jae, )
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Filing 471
SETTING LETTER: Pretrial Conference REset for 2/3/2006 08:45 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. (jae, )
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Filing 470
ORDER granting 469 Unopposed Motion To Take Deposition of James G. Davidson . Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 469
UOPPOSED MOTION For Leave To Take The Deposition of James G. Davidson by Headwaters, Inc.. (jae, )
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Filing 468
MOTION to Withdraw as Attorney (Gregory H. Oakley) by David Alan Bernard, Vincent M. Hamilton, Max Irvin, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Philip E. Boynton, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard, David Alan Bernard, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 466
REPLY MEMORANDUM in Further Support re 448 MOTION for Summary Judgment filed by Headwaters, Inc.. (jae, )
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Filing 465
ORDER granting Headwaters' 463 Unopposed Motion for Leave to File Reply Memorandum. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 467
Minute Entry for proceedings held before Judge S. Thomas Anderson : Green/Bearman: Motion Hearing re 450 MOTION to Compel filed by Headwaters, Inc. held on 12/8/2005. Court ruled that Pla must respond to Interrogatories #8 and #11 within 10 business days. Court ruled that Pla respond to Interr. #7, #9, #14 by Dec. 16, 2005, and that Pla provide Bate Stamp numbers for documents already submitted in Interr. #7, #9, #14. Court to enter an order on all remaining matters. (Court Reporter FTR.) (cdi, )
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Filing 463
UNOPPOSED MOTION for Leave to File Reply Memorandum (attached as exhibit "A") by Defendant Headwaters, Inc.. (jae, )
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Filing 462
MEMORANDUM in Opposition re 450 Headwaters' MOTION to Compel filed by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 464
Mail Returned as Undeliverable. Mail re 457 sent to Brian Davis, Law Office of Brian Davis, 919 Ferncliff Cove, Ste 1,Southaven, MS 38671. Attempted to reach via telephone and telephone number (601-393-8542) is not a working #. (cdi, )
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Filing 461
MEMORANDUM OF POINTS AND AUTHORITIES in Support re 460 MOTION for Summary Judgment on the Basis of Plaintiffs' Lack of Rights in the Disputed Property filed by Headwaters, Inc.. (jae, )
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Filing 460
MOTION for Summary Judgment On The Basis of Plaintiffs' Lack of Rights in the Disputed Property by Headwaters, Inc.. (jae, )
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Filing 459
MEMORANDUM in Opposition re 448 Defendant's MOTION for Summary Judgment filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 458
RESPONSE in Opposition re 435 Plaintiffs' MOTION to Certify Class filed by Defendant Headwaters, Inc.. (document placed in separate folder) (jae, )
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Filing 457
ORDER SETTING HEARING: Motion Hearing (motion to compel and to shorten time to respond) set for 12/8/2005 10:00 AM in Courtroom M3 - Memphis before S. Thomas Anderson. Signed by Judge S. Thomas Anderson. (jae, )
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Filing 456
Mail Returned as Undeliverable. Mail re #453 sent to Brian Davis, Law Office of Brian Davis, 919 Ferncliff Cove, Ste 1,Southaven, MS 38671. (cdi, )
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Filing 455
Mail re #449 Returned as Undeliverable. Mail sent to Brian Davis, Law Office of Brian Davis, 919 Ferncliff Cove, Ste 1,Southaven, MS 38671. (cdi, )
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Filing 453
ORDER REFERRING MOTION: 450 MOTION to Compel, to shorten time to respond and for expedited hearing filed by Headwaters, Inc. Motion referred to Magistrate Judge S. Thomas Anderson for report and recommendation. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 454
Mail Returned as Undeliverable. Mail resent to Brian Davis, 5185 Getwell Rd., Southhaven, MS 38671-9691. (cdi, )
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Filing 452
CERTIFICATE of Counsel re 450 MOTION to Compel by R. Parrish Freeman on behalf of Headwaters, Inc. (jae, )
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Filing 451
MEMORANDUM in Support re 450 MOTION to Compel, To Shorten Time To Respond, and For Expedited Hearing filed by Headwaters, Inc.. (jae, )
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Filing 450
MOTION to Compel, To Shorten Time To Respond To Same, and for Expedited Hearing of Same by Headwaters, Inc.. (jae, )
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Filing 449
ORDER granting 446 Motion to Substitute Attorney. Attorney Edwin E. Wallis, Jr terminated. Leo M. Bearman and David L. Bearman substituted as counsel for Headwaters, Inc.. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 448
MOTION for Summary Judgment by Defendant Headwaters, Inc., with Memorandum of Points and Authorities In Support attached (jae, )
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Filing 447
ORDER granting Defendant's 445 Motion for Extension of Time to File Response re Plaintiff's 435 MOTION to Certify Class. Responses due by 12/1/2005. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 446
MOTION to Substitute Attorney (Leo M. Bearman and David L. Bearman for Edwin E. Wallis) by Headwaters, Inc.. (jae, )
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Filing 445
JOINT MOTION for Extension of Time to File Response as to 435 MOTION to Certify Class by Headwaters, Inc., Philip E. Boynton. (jae, )
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Filing 444
NOTICE of Appearance by David L. Bearman, Leo Maurice Bearman, Jr on behalf of Headwaters, Inc. (jae, )
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Filing 443
MEMORANDUM OF POINTS AND AUTHORITIES by Headwaters, Inc. re 441 Plaintiff's Memorandum re: Derivation of Rights and Choice of Law. (document placed in separate folder)(jae, )
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Filing 442
ENDORSED ORDER granting 439 UNOPPOSED Motion for Extension of Time to File Memorandum. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 441
Plaintiff Philip E. Boynton MEMORANDUM re: Derivation of Rights and Choice of Law re #433 Order following telephone conference. (jae, )
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Filing 440
CERTIFICATE of Counsel re 439 MOTION for Extension of Time to File Memorandum Concerning Conflicts of Law and Rights by Jeffrey A. Greene on behalf of Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard (jae, )
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Filing 439
UNOPPOSED MOTION for Extension of Time to File Memorandum Concerning Conflicts of Law and Rights by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 438
AFFIDAVIT OF CLINTON L. KELLY. (jae, )
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Filing 437
AFFIDAVIT OF ANY L. ALLMAN. (jae, )
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Filing 436
MEMORANDUM in Support re 435 MOTION to Certify Class filed by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 435
MOTION to Certify Class by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 434
ORDER. Pltfs and dft James G. Davidson have entered into settlement agreement. All claims against Dft Davidson are hereby dismissed with prejudice. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 433
ORDER FOLLOWING TELEPHONE CONFERENCE: Pltfs informed the court they will proceed with class certification. Pltf to file motion to certify class by 9/26/05. Dft's response to motion to cert class due 11/15/05. Discovery due by 12/30/2005. Expert disclosures due 10/31/05. Rebuttal expert disclosures due 11/30/05. Dispotivie Motions due by 12/30/2005. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 432
TRANSCRIPT of Proceedings (telephone status conference) held on 9/19/05 before Judge Jon P. McCalla. Court Reporter: Brenda Parker. (document placed in separate folder) (jae, )
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Filing 431
Document filed in error (jae, )
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Filing 430
Minute Entry for proceedings held before Judge Jon Phipps McCalla : Scheduling Conference held on 9/19/2005. Pltf's experts due 10/31/05; dft's experts due 11/30/05. Dispositive Motions due by 12/30/2005. Ddl to respond to class certification 11/15/05. Parties agreed that Illinois law will govern any corporate issues. Pltf to brief the court as to which law would apply to any non-corporate issues. Dft's brief due 7 days after submittal o f pltf's brief. All other discovery dates agreed upon and to be in cluded in scheduling order. Parties to contact a private mediator and confer about date for mediation. (Court Reporter B. Parker.) (jae, )
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Filing 429
CERTIFICATE of Counsel Regarding Headwaters' [Proposed] Rle 16(b) Scheudling Order by R. Parrish Freeman, Brent P. Lorimer, Joseph G Pia, Edwin E. Wallis, Jr on behalf of Headwaters, Inc. (jae, )
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Filing 428
Writ of Habeas Corpus ad Testificandum for James Davidson Returned Unexecuted. (jae, )
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Filing 427
TRANSCRIPT of Proceedings (telephone status conference) held on 9/7/05 before Judge Jon P. McCalla. Court Reporter: Brenda Parker. (document placed in separate folder) (jae, )
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Filing 426
ORDER FOLLOWING TELEPHONE CONFERENCE AND DENYING DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO JOIN INDISPENSABLE PARTIES. Both parties to submit proposed schedule including schedule for limited add'l discovery by 9/16/05. Pretrial order due 1/30/06. Pretrial conference set for 2/6/06. Trial reset to 2/13/06. Pltfs informed the court they have settled their claims w/dft Davidson. Scheduling conference set for 9/19/05 at 8:30. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 425
SETTING LETTER: Jury Trial set for 2/13/2006 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 2/6/2006 08:45 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Proposed Joint pretrial order due by 1/30/06.(jae, )
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Filing 424
SETTING LETTER: Scheduling Conference (via telephone) set for 9/19/2005 08:30 AM before Jon Phipps McCalla. (jae, )
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Set/Reset Deadlines: Proposed Pretrial Order due by 1/30/2006. (jae, )
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Filing 423
Minute Entry for proceedings held before Judge Jon Phipps McCalla : Telephone Conference held on 9/7/2005 to discuss Motion 419 MOTION to Dismiss filed by Headwaters, Inc. Court heard from parties and said motion was denied. Pltf has until 9/16/05 to notify the court if they will file a motion for class certification or add parties as pltfs. Jury trial reset to 2/13/06, pretrial conference set for 2/6/06. Pretrial order due 1/30/06. Neither party shall bear cost as a result of the resetting. Scheduling conference via telephone to be held on 9/19/05. Case has settled as to dft James Davidson. Parties agreed that deposition of witness A. Graydon Hoover can be used at trial due to the witnesses unavailability due to illness. (Court Reporter B. Parker.) (jae, )
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Filing 422
ENDORSED ORDER granting 403 Motion to Withdraw as Attorney. Attorney Larry R. Laycock terminated . Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 421
SETTING LETTER: Jury Trial REset for 9/9/2005 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. (jae, )
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Filing 420
MEMORANDUM OF POINTS AND AUTHORITIES in Support re 419 MOTION to Dismiss For Failure To Join Indispensible Parties filed by Headwaters, Inc.. (jae, )
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Filing 419
MOTION to Dismiss For Failure To Join Indispensible Parties by Headwaters, Inc.. (jae, )
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Filing 406
ORDER/AMENDED WRIT OF HABEUS CORPUS AD TESTIFICANDUM. USM to transport James G. Davison to court on 9/6/05 and everyday subsequent to that date until he is excused by the Court. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 405
Minute Entry for proceedings held before Judge Jon Phipps McCalla : Telephone Conference held on 9/2/2005. Dft James Davidson is under a quarantine due to chicken pox. US Marshal assured court that Mr. Davidson could be transported to Memphis for trial by 9/12/05. Trial set to begin on 9/7/05. Atty B. Davis to check w/client to see if he is willint to waive appearance at trial from 9/7/05 until he is able to appear. Atty reported that Mr. Davidson does not waive his appearance for trial. Jury Trial REset for 9/9/2005 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. (Court Reporter B. Parker.) (jae, )
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Filing 418
CERTIFICATE OF SERVICE by Headwaters, Inc. of Proposed Jury Instructions, Proposed Special Verdict Forms and Proposed Jury Voir Dire. (jae, )
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Filing 417
Headwaters, Inc.'s PROPOSED SPECIAL VERDICT FORM AS TO PLAINTIFF SHANNON NONN (jae, )
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Filing 416
Headwaters, Inc.'s PROPOSED SPECIAL VERDICT FORM AS TO PLAINTIFF RENELDA J. WESTFALL. (jae, )
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Filing 415
Headwaters, Inc.'s PROPOSED SPECIAL VERDICT FORM AS TO PLAINTIFF PHILIP E. BOYNTON. (jae, )
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Filing 414
Headwaters, Inc.'s PROPOSED SPECIAL VERDICT FORM AS TO PLAINTIFF NORMA ANN LOGAN. (jae, )
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Filing 413
Headwaters, Inc.'s PROPOSED SPECIAL VERDICT FORM AS TO PLAINTIFF LINDA R. BERNARD (jae, )
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Filing 412
Headwaters, Inc.'s PROPOSED SPECIAL VERDICT FORM PLAINTIFF DAVID ALAN BERNARD (jae, )
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Filing 411
Headwaters, Inc.'s PROPOSED SPECIAL VERDICT FORM AS TO PLAINTIFF CLARANCE W. BOYNTON. (jae, )
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Filing 410
Headwaters, Inc.'s PROPOSED SPECIAL VERDICT FORM AS TO PLAINTIFF ALAN F. BERNARD (jae, )
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Filing 409
Headwaters, Inc.'s PROPOSED SPECIAL VERDICT FORM AS TO PLAINTIFF AARON SCOTT BENARD. (jae, )
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Filing 408
Proposed Voir Dire by Headwaters, Inc.. (jae, )
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Filing 407
Proposed Jury Instructions by Headwaters, Inc.. (document placed in separate folder)(jae, )
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Filing 404
MOTION to Continue Trial by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 403
MOTION to Withdraw as Attorney (Larry R. Laycock) by Headwaters, Inc.. (jae, )
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Filing 402
Minute Entry for proceedings held before Judge Jon Phipps McCalla : Pretrial Conference held on 9/1/2005. Motion to continue granted in part and denied in part. Motion for leave to appear pro hac vice denied as moot. Writ for James Davidson to be submittted to the court today so dft can be tranferred to Memphis tomorrow. US Marshal to bear cost of prisoner transfer. Motions in limine held to give pltf time to review and respond. Court will review submitted jury questionaire to the partie by noon 9/2/05. Any objections to questionaire should be filed promptly and will be handled by telephone conference if necessary. Pretrial Order due by 9/7/2005. Jury Trial set for 9/7/2005 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. (Court Reporter B. Parker.) (jae, )
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Filing 401
ORDER FOLLOWING PRETRIAL CONFERENCE :Defendants' 382 Motion to Bifurcate and 382 Motion in Limine- GRANTED; Plaintiffs' 388 Motion for Leave for atty Guy Nicholson to Appear PRO HAC VICE- DENIED as MOOT, Defendant Davidson's 393 Motion in Limine re: personal appearance- GRANTED. Other pending matters are reserved for final determination at trial. . Signed by Judge Jon Phipps McCalla. (wbe, )
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Filing 400
ORDER granting 395 Motion for Writ of Habeas Corpus ad testificandum; writ ISSUED for the appearance of James Gary Davidson . Signed by Judge Jon Phipps McCalla. (wbe, )
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Filing 399
SETTING LETTER: Jury Trial RESET for 9/7/2005 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla; trial previously set to begin 9/6/05. (wbe, )
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Filing 398
RESPONSE by Headwaters, Inc. To Plaintiffs' Motion For Continuance (jae, )
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Filing 397
MEMORANDUM OF POINTS AND AUTHORITIES in Support re 396 MOTION in Limine To Exclude Evidence of Mr. Davidson's 2002 Criminal Convictions filed by Headwaters, Inc.. (jae, )
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Filing 396
MOTION in Limine To Exclude Evidence of Mr. Davidson's 2002 Criminal Convictions by Headwaters, Inc.. (jae, )
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Filing 395
MOTION for Writ of Habeas Corpus ad testificandum by James G. Davidson. (jae, )
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Filing 394
MOTION in Limine To Limit Evidence of Prior Criminal Conviction by James G. Davidson. (jae, )
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Filing 393
MOTION in Limine Relating To His Personal Appearance At Trial by James G. Davidson. (jae, )
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Filing 392
MEMORANDUM in Support re 391 MOTION To Require Plaintiffs To Put On Their Evidence as to Alleged Individual Ownership Rights Before Proceeding With Other Phases of the Trial Pursuant To Rule 16 filed by Headwaters, Inc.. (jae, )
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Filing 391
MOTION To Require Plaintiffs To Put On Their Evidence as to Alleged Individual Ownership Rights Before Proceeding With Other Phases of the Trial Pursuant to Rule 16 by Headwaters, Inc.. (jae, )
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Filing 390
MEMORANDUM in Support re 389 MOTION in Limine To Exclude Evidence and Testimony Regarding Whether Headwaters Obtained "Corporate" Approval Prior To Purchasing The '629 Patent and Carbontec License filed by Headwaters, Inc.. (jae, )
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Filing 389
MOTION in Limine To Exclude Evidence and Testimony Regarding Whether Headwaters Obtained "Corporate" Approval Prior To Purchasing The '629 Patent and Carbontec License by Headwaters, Inc.. (jae, )
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Filing 388
MOTION for Leave to Appear Pro Hac Vice (Guy C. Nicholson) by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Pro Hac Vice Filing fee: $ 100.00, receipt number M96928 for Guy C. Nicholson (jae, )
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Filing 387
MEMORANDUM in Support re 386 MOTION in Limine To Preclude Plaintiffs From Presenting Any Evidence and Argument In Support of Paragraph 6(I) Of Plaintiffs' Statement of Contested Facts filed by Headwaters, Inc.. (jae, )
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Filing 386
MOTION in Limine To Preclude Plaintiffs From Presenting Any Evidence and Argument In Support of Paragraph 6 (I) Of Plaintiffs' Statement of Contested Facts by Headwaters, Inc.. (jae, )
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Filing 385
MEMORANDUM in Support re 384 MOTION in Limine To Preclude Plaintiffs From Alleging, Referring To, Or Attempting To Elicit Witness Testimony Regarding "Benefit of the Bargain" Damages, "Residual Value" Damages and Damages Based on the Alleged Failure of Headwaters To Commercially Exploit the '629 Technology filed by Headwaters, Inc.. (jae, )
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Filing 384
MOTION in Limine To Preclude Plaintiffs From Alleging, Referring To, Or Attempting To Elicit Witness Testimony Regarding "Benefit of the Bargain" Damages, "Residual Value" Damages and Damages Based on the Alleged Failure of Headwaters To Commercially Exploit the '629 Technology by Headwaters, Inc.. (jae, )
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Filing 383
MEMORANDUM OF POINTS AND AUTHORITIES in Support re 382 MOTION to Bifurcate Punitive Damages Claim and MOTION in Limine To Exclude Any Evidence of or Reference To Headwaters' Financial Condition or Net Worth filed by Headwaters, Inc.. (jae, )
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Filing 382
MOTION to Bifurcate Punitive Damages Claim and MOTION in Limine To Exclude Any Evidence of or Reference To Headwaters' Financial Condition or Net Worth by Headwaters, Inc.. (jae, )
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Filing 381
MEMORANDUM in Support re 380 MOTION in Limine To Preclude Plaintiffs From Alleging, Referring To, Or Attempting To Elicit Witness Testimony Regarding Any Purported Agreement Between Davidson And Plaintiffs filed by Headwaters, Inc.. (jae, )
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Filing 380
MOTION in Limine To Preclude Plaintiffs From Alleging, Referring To Or Attempting To Elicit Witness Testimony Regarding Any Purported Agreement Between Davidson and Plaintiffs by Headwaters, Inc.. (jae, )
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Filing 379
Supplemental Exhibit List by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard.. (jae, )
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Filing 378
OBJECTIONS TO DEFENDANTS' DESIGNATIONS OF DEPOSITION TESTIMONY AND EXHIBITS by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard (jae, )
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Filing 377
ORDER denying 248 Plaintiffs' Motion for Sanctions. Court finds that considering the record and legal standards set forth in the Order that no sanctions are appropriate. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 376
Defendant Headwaters, Inc.'s REPLY TO Plaintiff's re 238 Opposition To Objection To Order of Magistrate Judge. (jae, )
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Filing 375
ORDER REGARDING PENDING MOTIONS: denying as moot 253 Motion for Writ of Habeas Corpus ad testificandum, denying without prejudice 256 Motion in Limine, denying without prejudice 260 Motion to Bifurcate and Motion in Limine, denying without prejudice 262 Motion in Limine, denying as moot 265 Motion for Extension of Time to File, denying without prejudice 267 Motion in Limine, denying as moot 277 Motion for Extension of Time to File, granting 289 Motion for Leave to File Reply Brief. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 374
ORDER DENYING CERTAIN MOTIONS AS MOOT..denying 245 Motion in Limine, denying 251 Motion in Limine, denying 258 Motion in Limine, denying 272 Motion in Limine, denying 305 Motion to Quash . Signed by Judge Jon Phipps McCalla. (ehg, )
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Filing 373
ORDER DENYING DEFENDANT HEADWATERS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION..denying 360 Motion to Dismiss for Lack of Jurisdiction . Signed by Judge Jon Phipps McCalla. (ehg, )
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Filing 372
Plaintiffs' Supplemental Deposition Designations by Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, et al. (ehg, )
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Filing 371
Plaintiffs' Supplemental Exhibit List by Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, et al.. (ehg, )
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Filing 370
CERTIFICATE OF SERVICE of its rule 26(a)(3) PRETRIAL DISCLOSURES by Headwaters, Inc. (jae, )
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Filing 369
REPLY MEMORANDUM IN FURTHER SUPPORT re 360 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Defendant Headwaters, Inc.. (jae, )
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Filing 368
ORDER granting Defendant Headwaters' 367 Unopposed Motion for Leave to File Reply Memorandum. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 367
UNOPPOSED MOTION for Leave to File Reply Memorandum In Support of its Motion To Dismiss For Lack of Subject Matter Jurisdiction by Headwaters, Inc.. (reply attached) (jae, )
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Filing 366
RESPONSE to Defendant Headwaters' Motion re 360 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard w/exhibits (document placed in separate folder) (jae, )
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Filing 365
ORDER granting 364 Motion for Leave to Appear Pro Hac Vice (Brent Lorimer for Dft Headwaters, Inc.). Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 364
MOTION for Leave to Appear Pro Hac Vice (Brent P. Lorimer) by Headwaters, Inc.. (jae, )
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Pro Hac Vice Filing fee: $ 100.00, receipt number M96123 for Brent P. Lorimer (jae, )
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Motions No Longer Referred: 272 MOTION in Limine, 336 MOTION in Limine, 251 MOTION in Limine, 245 MOTION in Limine, 260 MOTION to Bifurcate MOTION in Limine MOTION in Limine, 267 MOTION in Limine, 248 MOTION for Sanctions, 256 MOTION in Limine, 262 MOTION in Limine, 258 MOTION in Limine, 265 MOTION for Extension of Time to File, 277 MOTION for Extension of Time to File, 305 MOTION to Quash (vlg)
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Filing 361
MEMORANDUM in Support re 360 MOTION to Dismiss for Lack of Jurisdiction filed by Headwaters, Inc.. (ldc, )
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Filing 360
MOTION to Dismiss for Lack of Jurisdiction by Headwaters, Inc.. (ldc, )
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Filing 363
ORDER GRANTING JOINT STIPULATION AND REQUEST TO EXTEND THE MEDIATION DEADLINE UNTIL JULY 17, 2005 . Signed by Judge Jon Phipps McCalla. (ldc, )
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Filing 362
ENDORSED ORDER GRANDING: JOINT STUPULATION AND REQUEST TO EXTEND THE MEDIATION DEADLINE UNTIL JULY 17, 2005 . Signed by Judge Jon Phipps McCalla. (ldc, )
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Filing 359
JOINT STIPULATION AND REQUEST TO EXTEND THE MEDIATION DEADLINE UNTIL JULY 17, 2005. by Headwaters, Inc., James G. Davidson, Philip E. Boynton. (ldc, )
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Filing 358
ORDER ADOPTING MAY 9, 2005, REPORT AND RECOMMENDATION . Signed by Judge Jon Phipps McCalla. (ldc, )
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Filing 357
REPORT AND RECOMMENDATION re 319 MOTION to Compel filed by Plaintiffs: The court reccommends the motion be GRANTED in part and DENIED in part.. Signed by Judge S. Thomas Anderson. (wbe, )
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Filing 356
SETTING LETTER: Jury Trial set for 9/6/2005 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 9/1/2005 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Prosposed Joint Pretrial Order must be furnished to the Court by 4:30 PM on 8/23/2005. (ldc, )
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Filing 355
ORDER Bench Trial set for 9/6/2005 09:00 AM before Jon Phipps McCalla. Pretrial Conference set for 9/1/2005 09:00 AM before Jon Phipps McCalla. Pretrial Order set for 8/23/2005 by 4:30 PM before Jon Phipps McCalla.. Signed by Judge Jon Phipps McCalla. (ldc, )
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Filing 354
COURT ORDERED COURT-ANNEXED MEDIATION. Signed by Judge Jon Phipps McCalla. (ldc, )
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Filing 353
Minute Entry for proceedings held before Judge Jon Phipps McCalla : Telephone Conference held on 4/21/2005. Proposed Pretrial Order due by 8/23/2005. Jury Trial set for 9/6/2005 09:30 AM before Jon Phipps McCalla. Pretrial Conference set for 9/1/2005 09:00 AM before Jon Phipps McCalla. Court to enter an order on mediation.(Court Reporter Brenda Parker.) (jae, )
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Filing 352
ORDER FOLLOWING TELEPHONE CONFERENCE AND ORDER DENYING PLEAINTIFFS' 347 MOTION FOR PROTECTIVE ORDER. Telephone conference set for 4/21/05 at 9:30 a.m.. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 351
SETTING LETTER: Telephone Conference set for 4/21/2005 09:30 AM before Jon Phipps McCalla. (jae, )
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Filing 350
Minute Entry for proceedings held before Judge Jon Phipps McCalla : Telephone Conference held on 3/29/2005. Telephone Conference set for 4/21/2005 09:30 AM before Jon Phipps McCalla to determine new trial schedule. Plaintiff's MOTION 347 for Protective Order regarding contacts on settlement- DENIED. (Court Reporter B. Parker.) (jae, )
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Filing 349
RESPONSE to Plaintiff's Motion re 347 MOTION for Protective Order filed by Defendant Headwaters, Inc.. (jae, )
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Filing 348
ANSWER to Amended Complaint by Max Irvin.(jae, )
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Filing 347
MOTION for Protective Order w/exhibits 1-3 attached by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 346
SETTING LETTER:Telephone Conference set for 3/29/2005 09:00 AM before Jon Phipps McCalla. (jae, )
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Filing 345
ORDER GRANTING JOINT MOTION TO CONTINUE TRIAL. Court granted Joit 344 MOTION to Continue.Telephone Conference set for 3/29/2005 09:00 AM before Jon Phipps McCalla. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 344
JOINT MOTION to Continue Trial by David Alan Bernard, Headwaters, Inc., James G. Davidson, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 342
ORDER granting in part and denying in part Defendant Headwaters' 183 Motion to Strike Jury Demand. The Jury will decide pltfs' claim for civil conspiracy claim against Headwaters and pltfs' fraud and civil conspiracy claims against Mr. Davidson. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 341
ORDER OVERRULING DEFENDANTS' OBJECTIONS re 222 TO THE MAGISTRATE JUDGE'S ORDER #216 AND ORDER REQUIRING MR. LARRY LAYCOCK TO SUBMIT TO DEPOSITION. Court finds that the conclusion of the Magistrate Judge's order was not clearly erroneous or contrary to law. The Court SETS ASIDE those portions of the order that it has found to be clearly erroneous or contrary to law and otherwise AFFIRMS, as amended, the Magistrate Judge's order denying Headwaters' Motion for protective order to quash deposition notices and subpoenas. Pltfs shall take the deposition of Mr. Laycock within 30 days from the date of entry of this order.. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 340
ORDER granting in part and denying in part #129 Motion for Summary Judgment. Summary judgment is granted regarding Pltfs' claims of conversion and breach of contract. Sum jgm is denied regarding defenses of waiver by acquiescence, laches, and statue of limitations regarding pltfs' claims for fraud, civil conspiracy and constructive trust against Mr. Davidson. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 339
ORDER denying 201 Motion to Amend or Alter, Order denying #202 Second Motion to Disqualify Counsel, Order denying 242 Motion to Set Aside Previous Order and Order Denying Defendants' request for attorney's fees and costs. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 343
CERTIFICATE OF SERVICE by Headwaters, Inc. OF ITS OBJECTIONS TO PLAINTIFFS' SUPPLEMENTAL EXHIBITS AND SUPPLEMENTAL DEPOSITION DESIGNATIONS. (jae, )
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Filing 338
TRIAL BRIEF by Defendant Headwaters, Inc.. (document placed in separate folder)(jae, )
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Filing 337
MEMORANDUM OF POINTS AND AUTHORITIES in Support re 336 MOTION in Limine To Exclude Any Evidence Of Or Reference To "Damages" Sought In Connection With Plaintiffs' Request For Imposition of A Constructive Trust filed by Headwaters, Inc.. (jae, )
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Filing 336
MOTION in Limine To Exclude Any Evidence Of Or Reference To "Damages" Sought In Connection With Plaintiffs' Request For The Imposition of A Constructive Trust by Headwaters, Inc.. (jae, )
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Filing 335
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 269 Motion for Protective Order and Motion to Strike, filed by Plaintiffs. Court agress that document objected to should be striken from the record and that dft should not be allowed to use the document in this litigation. Court adopts #327 Report and Recommendations in its entirety. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 334
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 319 Motion to Compel, filed by Philip E. Boynton,, Clarence W. Boynton,, Richard M. Boynton,, Norma Ann Logan,, Renelda J. Westfall,, Shannon Nonn,, Aaron Scott Bernard,, Alan F. Bernard,, Linda R. Bernard,, David Alan Bernard. Court finds that the procedure prescribed by the Magistrate Judge should be utilized to resolve pltf's motion, therefore court adopts the report and recommendations in its entirety. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 333
ORDER denying Vincent M. Hamilton and Max Irvin's #137 Motion to Dismiss. Hamilton and Irving are Ordered to file an answer to Count I of Dft's counterclaims w/in 10 days of receipt of this order. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 332
Supplemental Deposition Designations by Philip E. Boynton (jae, )
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Filing 331
Supplemental Exhibit List by Plaintiff Philip E. Boynton.. (jae, )
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Filing 330
Certificate of Of Service Of Rule 26(a)(3) Pretrial Disclosures by Headwaters, Inc.. (jae, )
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Filing 329
Defendant Headwaters, Inc.'s RESPONSE TO PLAINTIFFS' re 326 Supplemental Memorandum Regarding Deposition of Stanely Kimball (document placed in separate folder) (jae, )
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Filing 328
REPORT AND RECOMMENDATIONS re 319 Pltf's MOTION to Compel: Court recommends that an in camer review be performed to determine the presence of privilege. Counsel should meet w/in 20 days from entry of the order of US District Judge adopting this report and recommendation if entered. Headwaters shall submit the declaration of Mr. Kimball and remaining documents for an in camera review w/in 10 days after parties meet. Objections to R&R due by 3/3/2005. Signed by Judge S. Thomas Anderson. (jae, )
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Motions No Longer Referred: 201 MOTION to Amend/Correct #193 Order, #202 MOTION to Disqualify Counsel, 183 MOTION to Strike, 162 MOTION for Extension of Time to File Response/Reply (vlg)
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Filing 327
REPORT AND RECOMMENDATIONS re 269 Plaintiffs' MOTION for Protective Order and MOTION to Strike. Court recommends that Pltfs' Motion to strike be DENIED. The Court recommends, however, that Memorandum should be striken from Dft's Memorandum In Support to their opposition to Magistrate Judge's Order. Court also recommends that dft should not be allowed to use any of the Memorandum in any manner of this litigation. Objections to R&R due by 2/24/2005. Signed by Judge S. Thomas Anderson. (jae, )
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Filing 326
Plaintiff's SUPPLEMENTAL MEMORANDUM Regarding Deposition of Stanley Kimball (jae, )
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Filing 325
NOTICE OF FILING DEPOSITION TRANSCRIPTS OF STANLEY KIMBALL by Plaintiffs (document placed in separate folder)(jae, )
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Filing 324
ORDER granting Plaintiffs' #133 Motion for Summary Judgment Regarding Defendants' Counterclaims. Defendants counterclaims for extortion, mail and wire fraud under RICO, malicious prosecution, abuse of process, civil conspiracy and tortious interference with business relations are DISMISSED. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 323
ORDER REFERRING MOTION: 319 Plaintiff's MOTION to Compel. Motion is referred to Magistrate Judge S. Thomas Anderson for report and recommendation. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 322
RESPONSE to Plaintiff's Motion re 319 MOTION to Compel filed by Headwaters, Inc.. (jae, )
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Filing 321
CERTIFICATE of Counsel re 319 MOTION to Compel by Jeffrey A. Greene on behalf of all plaintiffs (jae, )
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Filing 320
MEMORANDUM in Support re 319 MOTION to Compel w/exhibits 1-3 attached filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 319
MOTION to Compel, or in the alternative, to submit documents to Court for an in camera review by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 318
SCHEDULING ORDER : Pltf shall take deposition of Stanley Kimball w/in 45 days from entry of this order. Pltf shall file supplemental brief w/in 15 days from date of deposition. Pltf shall file any motions to compel by 12/17/04. Jury Trial set for 4/4/2005 09:00 AM before Jon Phipps McCalla. Pretrial Conference set for 3/29/2005 09:00 AM before Jon Phipps McCalla. Amended Pretrial Order due 3/22/05 by 4:30 PM. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 317
SETTING LETTER: Jury Trial set for 4/4/2005 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 3/29/2005 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Proposed Joint Pretrial Order due by 4:30 on 3/22/05.(jae, )
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Filing 316
Minute Entry:Telephone Conference held before Judge Jon Phipps McCalla : Docket Call held on 12/6/2004. 45 days will be allowed to complete supplemental deposition of Kimball. Absent a supplemental deposition of Kimball, Laycock's deposition will not be allowed. Pltf to file motion to compel by 12/10/04. Jury Trial set for 4/4/2005 09:30 AM before Jon Phipps McCalla. Pretrial Conference set for 3/29/2005 09:00 AM before Jon Phipps McCalla. Pretrial Order due by 4:30 on 3/22/05.(Court Reporter B. Parker. Pltf attys-Green, Oakley; Dft attys-Wallis, Laycock, Veverka, Davis.) (jae, )
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Filing 315
Headwaters, Inc. RESPONSE TO PLAINTIFFS' SUPPLEMENTAL MEMORANDUM 313 (document placed in separate folder) (jae, )
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Filing 314
ORDER granting in part 210 Motion to Compel. Pltf's counsel shall provide Resquests for Admissions w/in 15 days of entry of this Order. Davidson shall produce late-filed Exhibit 209 to Plaintiff, in the event it has not been previously produced. Signed by Judge S. Thomas Anderson. (jae, )
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Filing 313
Plaintiff's Supplemental memorandum pursuant to court's 10/29/04 re #301 Order (document placed in separate folder) (jae, )
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Filing 312
RESPONSE to Motion re 305 Headwaters' MOTION to Quash Trial Subpoena filed by Philip E. Boynton. (jae, )
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Filing 311
Defendant Headwaters' Court Requested Memorandum Regarding Duty of Candor Before the United States Patent And Trademart Office. (document placed in separate folder) (jae, )
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Filing 310
ORDER granting #207 Motion to Dismiss Class Claims asserted on behalf of others as a class action. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 309
ORDER DENYING PLAINTIFFS' OBJECTIONS TO MAGISTRATE JUDGE ANDERSON'S ORDER re 226 : Court affirms that portion of Magistrate Judge Anderson's order granting Headwaters' Motion for a Protective Order to Quash Improperly Propounded Discovery . Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 308
NOTICE of Change of Address by Brian L. Davis, attorney for James G. Davidson to: Davis Law Firm, P.C. 5185 Getwell Road, Southaven, MS 38671 (jae, )
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Filing 307
Defendant Headwaters, Inc. Supplemental Privilege Log (jae, )
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Filing 306
MEMORANDUM in Support re 305 MOTION to Quash Subpoena to Larry R. Laycock filed by Headwaters, Inc.. (jae, )
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Filing 305
MOTION to Quash Subpoena of October 19, 2004 to Larry R. Laycock by Headwaters, Inc.. (jae, )
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Filing 304
TRANSCRIPT of Proceedings (pretrial conference) held on 10/25/04 before Judge Jon P. McCalla. Court Reporter: Brenda Parker. (document placed in separate folder) (jae, )
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Filing 303
CORRECTED SETTING LETTER: Telephone Conference set for 12/3/2004 04:30 PM in chambers before Jon Phipps McCalla. (jae, )
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Filing 302
ORDER REFERRING MOTION: 269 MOTION for Protective Order and MOTION to Strike referred to Magistrate Judge Anderson for report and recommendation. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 301
ORDER RESETTING TRIAL SCHEDULE. Dft to file w/court & serve on pltfs a privilege log w/in 10 days from entry of this order. Pltfs to file w/court and serve on dfts a supplemental brief re: issues discussed at pretrial conference w/in 10 days of receipt of dfts' privilge log. Dft will respond to that brief w/in 10 days of receipt.Phone conference set for 12/3/2004 04:30 PM before Jon Phipps McCalla. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 300
Minute Entry for proceedings held before Judge Jon Phipps McCalla : Pretrial Conference held on 10/25/2004. Objection to Magistrate Judge's ruling re: allowance of Larry Laycock's deposition heard; pltf's motion to disqualify counsel, Larry Laycock hears; supplemental briefs due w/in 5 days. Privilege log to be filed w/in 10 days. Pltf's motion to continue trial granted. New date to be determined. Telephone Conference set for 12/3/2004 04:30 PM before Jon Phipps McCalla. (Court Reporter B. Parker. Pltfs attys-J. Greene, Go Oakley. Dfts attys-E. Wallis, L. Laycock, J. Pia, C. Veverka, B. Davis.) (jae, )
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Filing 288
SETTING LETTER: Telephone Conference set for 12/3/2004 in Chambers, 9th floor, 04:30 PM before Jon Phipps McCalla. (tlh, )
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Filing 287
ORDER denying Defendant Hoover's #130 Motion for Summary Judgment as Moot . Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 286
ORDER denying 274 Motion for Extension of Time to File Motions In Limine As Moot. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 285
ORDER granting 279 Motion for Extension of Time to File Trial Brief. Pltfs shall file trial brief on or before 10/22/04. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 284
ORDER granting 281 Motion for Extension of Time to File Joint Pretrial Order . Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 283
ENDORSED ORDER granting 281 Motion for Extension of Time to File zPretrial Memorandum. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 298
TRIAL MEMORANDUM by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 297
Plaintiffs' RESPONSE to Defendant's Motion re 256 MOTION in Limine To Exclude Opinion Testimony filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 296
RESPONSE to Defendant Heawaters' Inc.'s re 262 MOTION in Limine To Exclude Evidence of any Claimes Interest In The '629 Patent Derivative of Adtech, Inc. filed by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 295
MEMORANDUM in Opposition re 258 Headwaters' MOTION in Limine To Exclude Larry Laycock As A Witness filed by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 294
MEMORANDUM OF POINTS AND AUTHORITIES in Opposition re 267 Plaintiffs' MOTION in Limine Regarding Expert Testimony of Richard Hoffman filed by Defendant Headwaters, Inc.. (jae, )
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Filing 293
MEMORANDUM OF POINTS AND AUTHORITIES in Opposition re 269 Plaintiffs' MOTION to Strike and for Protective Order filed by Headwaters, Inc.. (jae, )
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Filing 292
TRIAL BRIEF by Defendant James G. Davidson. (jae, )
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Filing 291
Defendant Headwaters' CONSOLIDATED RESPONSE TO THE VARIOUS SUBMISSIONS BY PLAINTIFFS REGARDING HEADWATERS' LEAD TRIAL COUNSEL LARRY R. LAYCOCK AND DEPOSITION EXHIBIT 90. (jae, ).
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Filing 290
CERTIFICATE of Counsel re 289 MOTION for Leave to File Reply Memorandum attached hereto as exhibit "A" by Larry R. Laycock on behalf of Headwaters, Inc. (jae, )
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Filing 289
UNOPPOSED MOTION for Leave to File The Reply Memorandum Attached Hereto As Exhibit "A" by Headwaters, Inc.. (jae, )
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Filing 282
ORDER Dismissing #139 Motion To Certify Class As Moot. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 299
Plaintiffs' RESPONSE to Defendant Headwaters' Motion re 260 MOTION In Limine To Limit Plaintiffs' Use of Evidence of James G. Davidson's Criminal Convictions, or in the Alternative, For Separate Trials, To Bifurcating Plaintiffs' Claims Against Headwaters From Plaintiffs' Claim of Fraud Against Mr. Davidson filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 281
MOTION for Extension of Time to File Pretrial Order by David Alan Bernard, James G. Davidson, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 280
CERTIFICATE of Counsel re 279 MOTION for Extension of Time to File Trial Brief by Brian L. Davis on behalf of James G. Davidson (jae, )
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Filing 279
MOTION for Extension of Time to File Trial Brief by James G. Davidson. (jae, )
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Filing 278
CERTIFICATE of Counsel re 277 MOTION for Extension of Time to File Trial Brief by Jeffrey A. Greene on behalf of David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard (jae, )
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Filing 277
MOTION for Extension of Time to File Trial Brief by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 276
CERTIFICATE of Counsel re 274 MOTION for Extension of Time to File Motions In Limine by Brian L. Davis on behalf of James G. Davidson (jae, )
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Filing 275
MEMORANDUM in Support re 274 Unopposed MOTION for Extension of Time to File Motions In Limine filed by James G. Davidson. (jae, )
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Filing 274
UNOPPOSED MOTION for Extension of Time to File Motions In Limine by James G. Davidson. (jae, )
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Filing 273
MEMORANDUM in Support re 272 MOTION in Limine Requesting Special Jury Instruction filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 272
MOTION in Limine Requesting Special Jury Instruction by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 271
CERTIFICATE of Counsel re 269 MOTION to Strike by Jeffrey A. Greene on behalf of David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard (jae, )
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Filing 270
MEMORANDUM in Support re 269 MOTION to Strike and MOTION for Protective Order filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 269
MOTION to Strike confidential memorandum from plaintiffs' counsel to certain plaintiffs' dated 4/19/02 and MOTION for Protective Order Prohibiting Headwaters from using the 4/19/02 confidential memorandum by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 268
MEMORANDUM in Support re 267 Plaintiffs' MOTION in Limine Regarding Expert Testimony of Richard Hoffman filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 267
MOTION in Limine Regarding Expert Testimony Of Richard Hoffman by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 266
CERTIFICATE of Counsel re 265 MOTION for Extension of Time to File Pretrial Memorandum by Jeffrey A. Greene on behalf of Philip E. Boynton (jae, )
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Filing 265
MOTION for Extension of Time to File Pretrial Memorandum by Philip E. Boynton, et al. (jae, )
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Filing 264
TRIAL BRIEF by Headwaters, Inc.. (document placed in separate folder)(jae, )
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Filing 263
MEMORANDUM Of Points And Authorities in Support re 262 MOTION in Limine To Exclude Evidence of Any Alleged Interest In The '629 Patent Derivative of Adtech, Inc. filed by Headwaters, Inc.. (jae, )
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Filing 262
MOTION in Limine To Exclude Evidence Of Any Claimed Interest In The '629 Patent Derivative of Adtech, Inc. by Headwaters, Inc.. (jae, )
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Filing 261
MEMORANDUM Of Points and Authorities in Support re 260 MOTION in Limine To Limit Plaintiffs' Use of Evidence, or in the alternative, for separate trials filed by Headwaters, Inc.. (jae, )
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Filing 260
, MOTION in Limine To Limit Plaintiffs' Use Of Evidence Of James G. Davidson's Criminal Convictions, Or In The Alternative, For Separate Trials, Bifurcating Plaintiffs' Claims Against Headwaters From Plaintiffs' Claim of Fraud Against Mr. Davidson by Defendant Headwaters, Inc.. (jae, )
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Filing 259
MEMORANDUM Of Points And Authorities in Support re 258 MOTION in Limine To Strike Headwaters' Lead Trial Counsel, Larry R. Laycock, From Plaintiffs' Witness List and Preclude His Testimony At Trial filed by Headwaters, Inc.. (jae, )
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Filing 258
MOTION in Limine To Strike Headwaters' Lead Trial Counsel From Plaintiffs' Witness List and Preclude His Testimony At Trial by Headwaters, Inc.. (jae, )
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Filing 257
MEMORANDUM in Support re 256 MOTION in Limine To Exclude Opinion Testimony filed by Defendant Headwaters, Inc.. (jae, )
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Filing 256
MOTION in Limine To Exclude Opinion Testimony by Defendant Headwaters, Inc.. (jae, )
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Filing 255
TRANSCRIPT of Proceedings (Motion For Protective Order) held on 7/1/04 before Judge Magistrate Judge S. Thomas Anderson. Court Reporter: Mary Lee Moore. (document placed in separate folder) (jae, )
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Filing 254
NOTICE OF FILING TRANSCRIPT by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard (jae, )
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Filing 253
MOTION/PETITION for Writ of Habeas Corpus ad testificandum (for James G. Davidson to be brought to testify) by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 252
MEMORANDUM in Support re 251 MOTION in Limine To Declare Larry Laycock a "Missing Witness" filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 251
MOTION in Limine To Declare Larry Laycock a "Missing Witness" by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 250
FOURTH AFFIDAVIT OF JEFFREY A. GREENE, attorney for the Plaintiffs w/exhibits 1-6 attached. (jae, )
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Filing 249
MEMORANDUM in Support re 248 MOTION for Sanctions filed by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard w/exhibits 1-8 attached. (jae, )
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Filing 248
MOTION for Sanctions by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 247
MOTION To Set Show Cause Hearing by Plaintiffs David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 246
MEMORANDUM in Support re 245 MOTION in Limine To Restrict Argument By Opposing Counsel filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 245
MOTION in Limine To Restrict Argument By Opposing Counsel by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 244
MOTION to Continue Trial by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 243
MEMORANDUM in Support re 242 MOTION to Set Aside Orders #193 and #101 filed by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 242
MOTION to Set Aside Orders #193 Order denying pltfs' original and renewed motion to disqualify defense counsel and, #101 Order Denying pltfs' objection to order of magistrate judge by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 241
CERTIFICATE of Counsel re 240 MOTION for Leave to File Supplemental Memorandum by Jeffrey A. Greene on behalf of all plaintiffs (jae, )
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Filing 240
MOTION for Leave to File Supplemental Memorandum in support of motion to alter or amend and motion to disqualify, in further support of plaintiff's motion to alter or amend 201 and second motion to disqualify #202 by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 239
THIRD AFFIDAVIT OF JEFFREY A. GREENE (document placed in separate folder). (jae, ) (jae, ).
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Filing 238
Plaintiff Philip E. Boynton's MEMORANDUM IN OPPOSITION TO re 222 OBJECTION TO ORDER OF MAGISTRAT JUDGE (document placed in separate folder) (jae, )
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Filing 237
ORDER OF DISMISSAL AS TO DEFENDANT A. GRAYDON HOOVER. Claims against Graydon Hoover are dismissed without prejudice . Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 236
ORDER granting 234 Motion for Extension of Time to File Response/Reply re 234 MOTION for Extension of Time to File Response/Reply as to 226 Objections To The Magistrate Judge's Ruling. Responses due by 10/12/2004. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 235
CERTIFICATE of Counsel re 234 MOTION for Extension of Time to File Response as to 226 Objection to magistrate judge's ruling by Jeffrey A. Greene on behalf of David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard (jae, )
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Filing 234
MOTION for Extension of Time to File Response as to 226 Dft's Objection To The Magistrate Judge's Ruling by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 233
RESPONSE by Headwaters, Inc. re 226 Plaintiffs' Objection To Order of Magistrate Judge (jae, )
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Filing 232
STIPULATION of Dismissal against Defendant A. Graydon Hoover w/out prejudice by David Alan Bernard, Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard. (jae, )
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Filing 231
ORDER granting 228 Motion to Stay Matistrate's Order Pending District Court's Ruling On Objection. Order requiring Headwaters' lead trial counsel to appear for his deposition w/in 30 days from that order is hereby stayed until the court rules on Defendants' objections to that order. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 230
CERTIFICATE of Counsel re 228 MOTION to Stay Pending Disctict Court's Ruling On Objection re #216 Order on Motion for Protective Order, by R. Parrish Freeman, Joseph G Pia, Edwin E. Wallis Jr., David R. Wright on behalf of Headwaters, Inc. (jae, )
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Filing 229
MEMORANDUM in Support re 228 MOTION to Stay re #216 Order on Motion for Protective Order Pending District Court's Ruling On Objection filed by Headwaters, Inc.. (jae, )
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Filing 228
MOTION to Stay re #216 Order on Motion for Protective Order, by Headwaters, Inc. Pending District Court's Ruling On Objection. (jae, )
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Filing 227
MEMORANDUM IN SUPPORT OF OBJECTION TO ORDER OF MAGISTRATE JUDGE re 226 (document placed in separate folder) (jae, )
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Filing 226
OBJECTION TO MAGISTRATE JUDGE'S ORDER :re #216 Order on Motion for Protective Order by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (jae, )
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Filing 225
ORDER granting 221 Motion for Extension of Time to File Response as to 210 MOTION to Compel. Response filed 9/3/2004. Signed by Judge S. Thomas Anderson. (jae, )
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Filing 224
CERTIFICATE of Counsel re 222 Objections to Magistrate's Order and Request for Oral Argument by R. Parrish Freeman, Joseph G Pia, Edwin E. Wallis Jr., David R. Wright on behalf of Headwaters, Inc. (jae, )
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Filing 223
MEMORANDUM IN SUPPORT by Headwaters, Inc. re 222 Objection to Magistrate's Order. (Document placed in separate folder) (jae, )
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Filing 222
OBJECTION and Request for Oral Argument by Headwaters, Inc. re #216 Magistrate's Order on Motion for Protective Order (jae, )
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Filing 221
UNOPPOSED MOTION for Extension of Time to File Response as to 210 MOTION to Compel by James G. Davidson, A. Graydon Hoover. (jae, )
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Filing 220
ORDER REFERRING MOTION: 210 MOTION to Compel filed by Philip E. Boynton, Clarence W. Boynton, Richard M. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard, David Alan Bernard referred to Magistrate S. Thomas Anderson for determination. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 219
ORDER granting 213 Motion for Leave to File Reply. Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 218
MEMORANDUM IN SUPPORT by Defendant James G. Davidson re 217 Response in Opposition to Plaintiff's Motion To Compel (jae, )
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Filing 217
RESPONSE in Opposition re 210 Plaintiffs' MOTION to Compel filed by Defendant James G. Davidson. (jae, )
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Filing 216
ORDER DENYING 119 Motion for Protective Order To Quash Deposition Notices and Subpoenas; Larry Laycock is ORDERED to appear for his deposition w/in 30 days of entry of this Order. GRANTING Motion For Protective Order To Quash the Improperly Propounded Written Discovery. Signed by Judge S. Thomas Anderson. (jae, )
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Filing 215
MEMORANDUM in Opposition re 210 MOTION to Compel Retaking The Depositoin Of Mr. Davidson filed by Headwaters, Inc.. (jae, )
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Filing 214
STIPULATION of Dismissal of Class Claims Provided Dismissal Is With Prejudice To Named Plaintiff by Headwaters, Inc.. Dft stipulates to dismissal of motion to certify class #139 . (jae, ) (jae, ).
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Filing 213
MOTION for Leave to File Reply by Plaintiffs Philip E. Boynton, et al. (jae, )
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Filing 212
CERTIFICATE of Counsel re 210 MOTION to Compel by Jeffrey A. Greene on behalf of Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall (jae, )
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Filing 211
MEMORANDUM in Support re 210 MOTION to Compel filed by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (jae, )
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Filing 210
MOTION to Compel by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (document placed in separate folder) (jae, )
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Filing 209
CERTIFICATE of Counsel re #207 MOTION to Dismiss Class Claims by Plaintiffs' Jeffrey A. Greene on behalf of Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall (jae, )
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Filing 208
MEMORANDUM in Support re #207 MOTION to Dismiss Class Claims filed by Plaintiffs' Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (jae, ) (jae, ).
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Filing 207
MOTION to Dismiss Class Claims by Plaintiffs Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (jae, ) (jae, ).
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Filing 206
Defendant Headwaters, Inc. RESPONSE re 203 Plaintiffs' Consolidated Memorandum in Support of Motion to Alter or Amend AND #202 Plaintiffs' Second Motion To Disqualify AND Headwaters' Request for Attorneys' Fees, Costs, and Expenses. (document placed in separate folder) (jae, )
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Filing 205
ORDER denying 199 Motion for Leave to File Additional Brief. Dft's additional briefing related to Headwaters' Motion for Protective Order is ORDERD to be striken from the record (exhibit A to D.E. # 199). Signed by Judge S. Thomas Anderson. (jae, )
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Filing 204
Mail Returned as Undeliverable. Mail sent to Jeffrey Greene - addressed to: Law Office of Jeffrey A. Greene, Ste. 330, Nashville, TN 37215 (ejc, )
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Filing 203
CONSOLIDATED MEMORANDUM in Support re 201 MOTION to Alter/Amend #193 Order, and #202 MOTION to Disqualify Counsel filed by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall w/ exhibits attached (document placed in separate folder) (jae, )
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Filing 202
SECOND MOTION to Disqualify Counsel by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (jae, ) (jae, ).
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Filing 201
MOTION to Alter or Amend #193 Order Denying Plaintiffs' Objection To Order of Magistrat Judge #193 and enter an Order disqualifying Larry R. Laycock as trial counsel by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (jae, )
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Filing 200
NOTICE OF FILING DEPOSITION EXCERPTS by plaintiffs Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall (jae, )
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Filing 199
MOTION for Leave to File Additional Briefing Related to Headwater's Motion for Protective Order by Defendant Headwaters, Inc.. (jae, )
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Filing 198
ORDER denying #164 Motion for Reconsideration, denying as Moot 189 Motion for Extension of Time to File Response/Reply, denying as Moot 190 Motion to Strike . Signed by Judge Jon Phipps McCalla. (jae, )
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Filing 197
RESPONSE to Motion re 183 MOTION to Strike Jury Demand filed by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (jae, )
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Filing 196
SETTING LETTER: Jury Trial set for 11/1/2004 09:30 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Pretrial Conference set for 10/25/2004 09:00 AM in Courtroom 4 - Memphis before Jon Phipps McCalla. Proposed Joint Pretrial Order due 10/20/04 by 5:00 pm.(jae, )
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Filing 195
ORDER Denying Motion For Status Conference And Setting New Trial Dates. Denying 166 Motion for status conference. Concluding that no need for a status conf. exists, the Court DENIES the motion but establishes the following dates for: Pretrial Order (by 5:00pm) 10/20/04. Pretrial conference (9:00am) 10/25/04. Trial (9:30am) 11/1/04 . Signed by Judge Jon Phipps McCalla. (bag, )
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Filing 193
ORDER DENYING PLAINTIFFS' OBJECTION TO ORDER OF MAGISTRATE JUDGE . Signed by Judge Jon Phipps McCalla. (ccp, )
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Filing 194
ORDER granting 169 UNOPPOSED JOINT MOTION OF DEFENDANTS JAMES GARY DAVIDSON AND A. GRAYDON HOOVER TO FILE AN AMENDED JOINT MEMORANDUM AND POINTS OF AUTHORITIES IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AND TO FILE AMENDED DEPOSITION EXCERPTS . Signed by Judge Jon Phipps McCalla. (ccp, )
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Filing 192
Certificate of OF CONSULTATION by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (ccp, )
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Filing 191
MEMORANDUM in Support re 189 MOTION for Extension of Time to File Response/Reply, 190 MOTION to Strike filed by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (ccp, )
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Filing 190
MOTION to Strike MOTION TO RECONSIDER IN LIGHT OF NEW EVIDENCE by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (ccp, )
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Filing 189
MOTION for Extension of Time TO RESPOND TO THE MOTION TO RECONSIDER IN LIGHT OF NEW EVIDENCE by Renelda J. Westfall. (ccp, )
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Filing 188
NOTICE OF FILING DEPOSITION EXCERPTS; by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Shannon Nonn, Renelda J. Westfall (ccp, )
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Filing 187
Minute Entry for proceedings held before Judge S. Thomas Anderson : Motion Hearing held on 7/1/2004 re 119 Motion for Protective Order TAKEN UNDER ADVISEMENT/ORDER TO ENTER filed by Headwaters, Inc.. (Tape #FTR.) (ccp, )
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Filing 186
ORDER DENYING PLAINTIFFS' REQUEST FOR ORAL ARGUMENT . Signed by Judge Jon Phipps McCalla. (ccp, )
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Filing 185
JAMES G. DAVIDSON'S AND A. GRAYDON HOOVER'S RULE 26(a)(3) PRETRIAL DISCLOSURES (ccp, )
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Filing 184
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION TO STRIKE JURY DEMAND re 183 MOTION to Strike filed by Headwaters, Inc.. (ccp, )
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Filing 183
MOTION to Strike Jury Demand by Headwaters, Inc.. (ccp, )
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Filing 182
Mail Returned as Undeliverable. Mail sent to Jeffrey A. Greene, Law Office of Jeffrey A. Greene, Ste. 330, Nashville, TN 37215 - marked "return to sender" (ejc, )
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Filing 181
CORRECTED SIGNATURE PAGE AND CERTIFICATE OF SERVICE OF HEADWATERS' RULE 26(A)(3) PRETRIAL DISCLOSURES by Headwaters, Inc.. (ccp, )
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Filing 180
Headwaters, Inc. Rule 26(a)(3) Pretrial Disclosures (jae, )
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Filing 179
Mail Returned as Undeliverable. Mail sent to Jeffrey Greene - marked "insufficient address" (ejc, )
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Filing 178
ORDER granting 147 Motion To Complete The Deposition Of James G. Davidson . Signed by Judge S. Thomas Anderson. (ccp, )
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Filing 177
RESPONSE TO MOTIONS FOR SUMMARY JUDGMENT OF DEFENDANTS HOOVER AND DAVIDSON re 169 filed by Philip E. Boynton; (w/attached exhibit 1-12)(document placed in separate folder) (ccp, ) (jae, ).
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Filing 176
PLAINTIFFS' WITNESS LIST by Philip E. Boynton (ccp, )
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Filing 175
PLAINTIFFS' EXHIBIT LIST by Philip E. Boynton (ccp, )
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Filing 174
Plaintiffs' Deposition Designations by Philip E. Boynton (ccp, )
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Filing 173
SECOND AFFIDAVIT OF MAX IRVIN one of the counter-defendants in this action. (ccp, ) (jae, ).
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Filing 172
THIRD AFFIDAVIT OF PHILIP E. BOYNTON by Philip E. Boynton. (ccp, ) (jae, ).
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Filing 171
RESPONSE to Motion For Status Conference re 166 MOTION filed by Headwaters, Inc.. (ccp, )
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Filing 170
JOINT MEMORANDUM AND POINTS OF AUTHORITIES in Support re #129 Motion for Summary Judgment, #130 Motion for Summary Judgment filed by James G. Davidson, A. Graydon Hoover.(document placed in separate folder) (jae, )
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Filing 169
UNOPPOSED JOINT MOTION to to file Amended Joint Memorandum and Points of Authorities in support of Motion for Summary Judgment and To File Amended Depositions Excerpts by James G. Davidson, A. Graydon Hoover. (jae, )
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Filing 168
ORDER granting Plaintiffs 167 Motion for Extension of Time to File Response/Reply re 167 MOTION for Extension of Time to File Response/Reply . Signed by Judge Jon Phipps McCalla. (ccp, )
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Filing 166
MOTION FOR STATUS CONFERENCE by James G. Davidson, A. Graydon Hoover. (ccp, )
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Filing 165
MEMORANDUM in Support re #164 MOTION for Reconsideration (w/attached exhibit 1-8)(document placed in separate folder) filed by Headwaters, Inc.. (ccp, ) (jae, ).
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Filing 164
MOTION for Reconsider IN LIGHT OF NEW EVIDENCE by Headwaters, Inc.. (ccp, ) (jae, ).
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Filing 167
MOTION for Extension of Time to respond to James G. Davidson's motion for summary judgment by Clarence W. Boynton, Philip E. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (ccp, )
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Filing 163
Certificate of CONSULTATION by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Shannon Nonn, Renelda J. Westfall. (ccp, )
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Filing 162
MOTION for Extension of Time to Respond to James G. Davidson's Motion For Summary Judgment by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (ccp, )
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Filing 161
ORDER granting planitffs' 156 Motion for Extension of Time to File Response/Reply re 156 MOTION for Extension of Time to File Response/Reply as to #129 Motion for Summary Judgment, #130 Motion for Summary Judgment . Signed by Judge Jon Phipps McCalla. (ccp, )
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Filing 160
ORDER CONTINUING HEARING ON MOTION re: motion for Protective Order to Quash Deposition; Motion Hearing set for 7/1/2004 01:30 PM before S. Thomas Anderson.. Signed by Judge S. Thomas Anderson. (ccp, )
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Filing 159
RESPONSE to Motion re 147 MOTION to Complete Davidson Deposition filed by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (ehg, )
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Filing 158
ORDER Setting Hearing on Motion 119 Motion for Protective Order: Motion Hearing set for 6/23/2004 11:00 AM in Courtroom 3 - Memphis before S. Thomas Anderson.. Signed by Judge S. Thomas Anderson. (jae, )
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Filing 153
DEFENDANT JAMES GARY DAVIDSON'S RESPONSE TO DEFENDANT HEADWATER'S MOTION TO COMPLETE THE DEPOSITION OF JAMES G. DAVIDSON re 147 MOTION filed by James G. Davidson. (ccp, )
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Filing 157
Certificate of OF CONSULTATION by all plaintiffs re: 156 Motion for extension of time to file reply to motions for summary judgment (jae, )
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Filing 156
MOTION for Extension of Time to File Response/Reply as to #129 Motion for Summary Judgment, #130 Motion for Summary Judgment by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (jae, )
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Filing 151
ORDER OF REFERENCE OFOR EXPEDITED DETERMINATION: 147 MOTION filed by Headwaters, Inc.. Signed by Judge Jon Phipps McCalla. (ccp, )
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Filing 155
MEMORANDUM OF POINTS AND AUTHORITIES BY DEFENDANT HEADWATERS INC. IN OPPOSITION TO MOTION TO DISMISS by Headwaters, Inc. (document placed in separate folder)(w/attached exhibit 1-7) (ccp, ) (jae, ).
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Filing 154
HEADWATERS' OPPOSITION TO PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT re #133 Motion for Summary Judgment filed by Headwaters, Inc.. (ccp, ) Modified on 6/8/2004 (document placed in separate folder)(w/attached exhibit 1-20) (ccp, ). (jae, ).
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Filing 152
Memorandum in Support re #139 Motion for Miscellaneous Relief filed by Aaron Scott Bernard, Alan F. Bernard, David Alan Bernard, Linda R. Bernard, Clarence W. Boynton, Philip E. Boynton, Richard M. Boynton, Norma Ann Logan, Shannon Nonn, Renelda J. Westfall. (ccp, )
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Filing 150
ORDER granting Charles J. Veverka motion for pro hac vice as to dft Headwaters Inc. 146 . Signed by Judge Jon Phipps McCalla. (ccp, )
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Filing 149
OBJECTION TO PLAINTIFFS' REQUEST FOR ORAL ARGUMENT by Headwaters, Inc.. (ccp, )
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Filing 148
CERTIFICATE OF CONSULTATION REGARDING COMPLETING THE DEPOSITION OF JAMES G. DAVIDSON by Headwaters, Inc. (ccp, )
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Filing 147
DEFENDANT HEADWATERS' MOTION TO COMPLETE THE DEPOSITION OF JAMES G. DAVIDSON by Headwaters, Inc.. (ccp, )
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Filing 146
MOTION TO ALLOW ADMISSION OF COUNSEL PRO HAC VICE by Headwaters, Inc. (ATTORNEY CHARLES J. VEVERKA) (ccp, )
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Pro Hoc Vice fee: $ 100.00, receipt number M88488 by Charles J. Vererka (ccp, )
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Filing 145
ORDER by Judge Jon P. McCalla granting defendant Headwaters' motion for leave to file an overlength memorandum in opposition to plaintiffs' motion to certify class attached herto as exhibit "A" [143-1] (cc: all counsel) (CCP)
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Filing 144
REQUEST by plaintiff for ORAL ARGUMENT; Jury Demand (CCP)
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Filing 143
UNOPPOSED MOTION by defendant Headwaters Inc for leave to file an overlength memorandum in opposition to plaintiffs' motion to certify class attached herto as exhibit "A" (document placed in separate folder) (JAE)
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Filing 142
ORDER by Judge Jon P. McCalla granting Headwaters' unopposed motion for leave to file the reply memorandum attached hereto as exhibit "A" [141-1] (cc: all counsel) (CCP)
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Filing 141
UNOPPOSED MOTION by defendant Headwaters Inc for leave to file the reply memorandum attached hereto as exhibit "A" (w/attached exhibit A, 1-4) (CCP) Modified on 05/07/2004
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Filing 140
RESPONSE TO MOTION FOR PROTECTIVE ORDER by plaintiffs to [119-1] (w/attached exhibit 1-19)(document placed in separate folder) (CCP)
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Filing 139
MOTION by plaintiff to certify class this as an action brought on behalf of an unincorporated association (CCP) (jae, ).
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Filing 138
ANSWER OF JAMES GARY DAVIDSON TO PLAINTIFFS' FIRST AMENDED COMPLAINT by defendant James G. Davidson to [80-1]; jury demand (CCP) (jae, ).
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Filing 137
MOTION to dismiss by Max Irvin and Vincent M. Hamilton (CCP) (jae, ).
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Filing 136
AFFIDAVIT of Phillip E. Boynton as to Phillip E. Boynton (w/attached exhibit A-H) (CCP) Modified on 05/03/2004 (jae, ).
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Filing 135
AFFIDAVIT of MAX IRVIN as to some of the named plaintiffs in this action (CCP) (jae, ).
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Filing 134
MEMORANDUM by plaintiff Philip E. Boynton in support of motion for partial summary judgment [133-1] (CCP) (jae, ).
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Filing 133
MOTION by plaintiff Philip E. Boynton for partial summary judgment (CCP) (jae, ).
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Filing 132
NOTICE OF FILING OF DEPOSITION EXCERPTS by defendants James Gary Davidson's and A. graydon Hoover's (w/attached exhibit 1-2)(document placed in separate folder) (CCP)
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Filing 131
JOINT MEMORANDUM AND POINTS OF AUTHORITIES by defendant in support of motion for summary judgment [130-1], of motion for summary judgment [129-1] (CCP) (jae, ).
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Filing 130
MOTION by defendant A. Graydon Hoover for summary judgment (CCP) (jae, ).
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Filing 129
MOTION by defendant James G. Davidson for summary judgment (CCP) (jae, ).
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Filing 128
ANSWER OF A. GRAYDON HOOVER TO PLAINTIFFS' FIRST AMENDED COMPLAINT by defendant A. Graydon Hoover to [80-1] (CCP) (jae, ).
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Filing 127
MINUTES: Telephone Conference held on 4/28/04 Presiding Judge: McCalla; Discovery extended as to depositon of James G. Davidson, an inmate at the Federal Bureau of Prisons, only order to be entered by the court; Parties must comply with the rules of the BOP regarding deposition of inmates; PLA Atty: Jeffrey Greene DFT Atty: Brian Davis, Joseph Pia C/R: Brenda Parker (CCP)
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Filing 126
ORDER by Judge Jon P. McCalla granting plaintiffs permission to take deposition [125-1] (cc: all counsel) (CCP)
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Filing 125
NOTICE by defendant of taking deposition of PHILLIP E. BOYTON on 4/26/04 at 9:00 (CCP)
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Filing 124
NOTICE OF DEPOSITION OF MAX IRVIN by defendant of taking deposition of Max Irvin on 4/28/04 at 9:00 (CCP)
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Filing 123
ORDER OF REFERENCE by Judge Jon P. McCalla re [119-1] referring motion to US Magistrate Judge for Determination (cc: all counsel) (CCP)
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Filing 122
CERTIFICATE OF CONSULTATION REGARDING DEFENDANT HEADWATERS, INC.'S MOTION FOR PROTECTIVE ORDERS TO QUASH (1) DEPOSITION NOTICES AND SUBPOENAS OF THE hEADWATERS' LEAD TRIAL COUNSEL, LARRY LAYCOCK, AND HIS FIRM, WORKMAN NYDEGGER; AND (2) THE IMPROPERLY PROPOUNDED WRITTEN DISCOVERY SERVED BY PLAINTIFFS MONTHS AFTER THE DISCOVERY CUTOFF DATE by defendant Headwaters Inc (CCP)
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Filing 121
TRANSCRIPT of proceedings for the following date(s): 1/16/04 of STATUS CONFERENCE Court Reporter: Brenda Parker (DOCUMENT PLACED IN A SEPARATE FOLDER) y (CCP)
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Filing 120
MEMORANDUM OF POINTS AND AUTHORITIES by defendant Headwaters Inc in support of motion for protective order to quash (1)Deposition notices and subpoenas of Headwaters' lead trial counsel, Larry Laycock, and his firm, workman NYDEGGER and (2) the improperly propounded written discovery served by plaintiffs months after the discovery cutoff date [119-1] (w/attached exhibit 1-3) (CCP) Modified on 04/15/2004
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Filing 119
MOTION by defendant Headwaters Inc for protective order to quash (1)Deposition notices and subpoenas of Headwaters' lead trial counsel, Larry Laycock, and his firm, workman NYDEGGER; and (2) the improperly propounded written discovery served by plaintiffs months after the discovery cutoff date (CCP)
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Filing 118
ORDER by Judge Jon P. McCalla granting motion for attorney Joseph G Pia to appear pro hac vice [117-1] (cc: all counsel) (CCP)
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Filing 117
MOTIONTO ALLOW ADMISSION OF COUNSEL PRO HAC VICE by defendant Headwaters Inc for attorney Joseph G Pia to appear pro hac vice (CCP)
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PRO HAC VICE FEE PAID: in the amount of $ 100.00 receipt # 085705 by WORKMAN NYDEGGER & SEELY as to Headwaters (CCP)
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Filing 116
ORDER by Judge Jon P. McCalla granting Joint motion to continue trial [102-1] discovery ddl set 4/30/04 pretrial order ddl set 7/7/04 pretrial conference set 8:45 7/12/04 jury trial set 9:30 7/19/04 (cc: all counsel) (CCP)
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Filing 115
SETTING LETTER : pretrial order deadline set for 7/7/04 pretrial conference set for 7/12/04 at 8:45 : jury trial set for 7/19/04 at 9:30 (CCP)
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Filing 114
MINUTES: TELEPHONE CONFERENCE; Joint Motion to continue trial date granted discovery ddl set 4/30/04 pretrial order ddl 7/7/04 pretrial conference set 8:45 7/12/04 jury trial set 9:30 7/19/04 ; Trial is estimated to take 8-10 days; plaintiff has filed an objection to the Magistrate's Order denying plaintiff's motion disqualify defense counsel; plaintiff's request for an oral argument on that matter taken under advisement by the court; Presiding Judge: McCalla PLA Atty: J.Greene, G. Oakley DFT Atty: E.Wallis, D. Wright, C/R: B.Parker (CCP)
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Filing 113
RESPONSE TO PLAINTIFFS' OBJECTION TO THE ORDER DENYING PLAINTIFFS' ORIGINAL AND RENEWED MOTION TO DISQUALIFY DEFENSE COUNSEL by defendant Headwaters Inc to [108-1] (CCP)
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Filing 112
ORDER by Judge Jon P. McCalla granting defendant Headwaters' unopposed motion for leave to file the reply memorandum attached hereto as exhibit "A" [105-1] (cc: all counsel) (CCP)
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Filing 111
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT HEADWATERS'S MOTION FOR SUMMARY JUDGMENT and ORDER GRANTING PLAINTIFFS' MOTION TO STRIKE DOE DEFENDANTS and ORDER DENYING DEFENDANT HEADWATERS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT WITH PREJUDICE FOR FAILURE TO COMPLY WITH THE COURT'S ORDER OF OCTOBER 1, 2003 and ORDER DENYING PLAINTIFFS' MOTION PURSUANT TO RULE 56(f) by Judge Jon P. McCalla [87-1], [98-1] [85-1], [97-1] (cc: all counsel) (CCP)
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Filing 110
ORDER by Judge Jon P. McCalla granting JOINT motion for scheduling conference and to revise scheduling order [103-1] ; Telephonic status conference will be held on 1/16/04 at 8:45 a.m. (cc: all counsel) (CCP)
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Filing 109
MEMORANDUM by plaintiff in support of objection TO ORDER OR MAGISTRATE JUDGE [108-1] (CCP)
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Filing 108
OBJECTIONS TO ORDER OF MAGISTRATE JUDGE by plaintiff to [101-1] (CCP)
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Filing 107
DEFENDANT HEADWATERS' MEMORANDUM OF POINTS AND AUTHORITIES IN RESPONSE TO PLAINTIFFS' MOTION PURSUANT TO RULE 56(f) (w/attached exhibit A) (CCP)
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Filing 106
DEFENDANT HEADWATERS' MEMORANDUM OF POINTS AND AUTHORITIES IN RESPONSE TO PLAINTIFFS' MOTION TO STRIKE DOE DEFENDANTS (CCP)
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Filing 105
UNOPPSOED MOTION by defendant Headwaters Inc for leave to file the reply memorandum attached hereto as exhibit "A" (CCP)
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Filing 104
CERTIFICATE OF CONSULTATION by defendants James G. Davidson and A. Graydon Hoover (CCP)
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Filing 103
MOTION by plaintiff, defendant for scheduling conference and to revise scheduling order ; move the court for a scheduling conference and to revise its scheduling order of November 21, 2002 aand in support of the motion (CCP)
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Filing 102
JOINT MOTION by plaintiff, defendant to continue trial ; of this action and to hear the trial in Memphis (CCP)
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Filing 101
ORDER DENYING PLFS' ORIGINAL AND RENEWED MOTION TO DISQUALIFY DEFENSE COUNSEL by Mag Judge James H. Allen denying motion to disqualify counsel Larry Laycock and Workman, Nydegger & Seeley [81-1] (cc: all counsel) (EJC)
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Filing 100
PLAINTIFFS' MEMORANDUM IN RESPONSE TO MOTION FOR SUMMARY JUDGMENT; filed on 10/27/03 by plaintiff (w/attached exhibit 1-25)(document placed in separate folder) (CCP) Modified on 12/15/2003 (jae, ).
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Filing 99
PLAINTIFFS' MEMORANDUM IN RESPONSE TO MOTION TO DISMISS; filed October 27, 2003 by plaintiff (CCP) (jae, ).
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Filing 98
MOTION by plaintiffs' to strike Doe Defendants ; move the Court to strke the unnamed Doe Defendants from the First Amended Complaint at such time as the Court believes such action is necessary to preserve diversity jurisdiction in this matter (CCP)
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Filing 97
MOTION by plaintiffs pursuant to rule 56(f) ; to either deny the Defendant Headwaters' motion for summary judgment, filed 10/27/03 (CCP)
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Filing 96
ORDER by Judge Jon P. McCalla granting Plaintiffs motion to extension of time [94-1] (cc: all counsel) (CCP)
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Filing 95
CERTIFICATE of CONSULTATION by plaintiffs; consulted by telephone on 12/8/03, with Joseph Pia, attorney for the Defendant Headwaters, Inc. (CCP)
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Filing 94
MOTION by plaintiff to extension of time ; move the court for an additional extension of time to respond to Defendant Headwaters' motion to dismiss (CCP)
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Filing 93
AGRED ORDER by Judge Jon P. McCalla granting plaintiff motion for extension of time to respond to dft Headwaters' motion to dismiss, and motion for summary judgment [91-1] (cc: all counsel) (CCP)
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Filing 92
CERTIFICATE OF CONSULTATION by plaintiffs (CCP)
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Filing 91
MOTION by plaintiffs for extension of time to respond to dft Headwaters' motion to dismiss, and motion for summary judgment (CCP)
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Filing 90
DEFENDANT HEADWATERS' RESPONSE TO PLAINTIFFS' SUPPLEMENTAL MEMORANDUM IN SUPPORT OF THEIR MOTION TO DISQUALIFY by defendant Headwaters Inc to [82-1] (CCP) (jae, ).
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Filing 89
HEADWATERS' ANSWER TO PLAINTIFFS' FIRST AMENDED COMPLAINT AND HEAD WATERS' FIRST AMENDED COUNTERCLAIM by defendant Headwaters Inc to [80-1]; jury demand (w/attached exhibit 1-7)(document placed in separate folder) (CCP) (jae, ).
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Filing 88
MEMORANDUM OF POINTS AND AUTHORITIES by defendant Headwaters Inc in support of motion for summary judgment [87-1] (w/attached exhibit A-J)(document placed in separate folder)(CCP) Modified on 10/28/2003 (jae, ).
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Filing 87
Defendant Headwaters' motion for summary judgment ; on conts I, III, IV and VI of plaintiffs' first amended complaint (CCP) (jae, ).
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Filing 86
MEMORANDUM OF POINTS AND AUTHORITIES by defendant Headwaters Inc in support of motion to dismiss plaintiffs' first amended complaint with prejudice for failure to comply with the court's order of October 1, 2003 [85-1] (CCP) (jae, ).
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Filing 85
Defendant Headwaters' motion to dismiss plaintiffs' first amended complaint with prejudice for failure to comply with the court's order of October 1, 2003 (CCP) (jae, ).
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Filing 84
ORDER OF REFERENCE by Judge Jon P. McCalla re [81-1] referring motion to the US Magistrate Judge ALLEN for report and recommendation (cc: all counsel) (CCP)
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Filing 83
NOTICE OF FILING OF DEPOSITION EXCERPTS by Philip E. Boynton, Clarence W. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard, David Alan Bernard; with exhibits attached (document placed in separate folder) (JAE)
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Filing 82
SUPPLEMENTAL MEMORANDUM by Philip E. Boynton, Clarence W. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard, David Alan Bernard in support of motion to disqualify counsel Larry Laycock and Workman, Nydegger & Seeley [81-1] (JAE) (jae, ).
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Filing 81
RENEWED MOTION by Philip E. Boynton, Clarence W. Boynton, Norma Ann Logan, Renelda J. Westfall, Shannon Nonn, Aaron Scott Bernard, Alan F. Bernard, Linda R. Bernard, David Alan Bernard to disqualify counsel Larry Laycock and Workman, Nydegger & Seeley (JAE) (jae, ).
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Filing 80
AMENDED COMPLAINT [1-1] by plaintiff; jury demand ( with exhibits attahced - document placed in separate folder) (JAE) Modified on 10/17/2003 (jae, ).
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Filing 79
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT HEADWATERS'S MOTION FOR JUDGEMENT ON THE PLEADINGS ORDER DIRECTING PLAINTIFFS TO AMEND THEIR COMPLAINT AND ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS' MOTION TO DISQUALIFY COUNSEL by Judge Jon P. McCalla denying motion to disqualify counsel [38-1], granting motion for judgment on the pleadings [33-1] (cc: all counsel) (CCP)
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Filing 78
ORDER by Judge Jon P. McCalla referring to Mag Judge James H. Allen the motion to disqualify counsel [38-1] ; (cc: all counsel) (JAE)
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Filing 77
ORDER by Judge Jon P. McCalla granting motion to extend time in wh to file an ans to Headwaters, Inc.'s first amded counterclaim [65-1] ; it is ORDERED that pltf fil an Answer to First Amended Counterclaim on or before March 14, 2004 (cc: all counsel) (JAE)
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Filing 76
SCHEDULING ORDER 16(b) Judge Jon P. McCalla ; jury trial set for 1/26/04 at 9:30 ; pretrial conference set for 1/16/04 at 9:00 ; proposed pretrial order to be entered on 1/9/04 (cc: all counsel) (JAE)
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Filing 75
SETTING LETTER : pretrial order deadline set for 1/9/04 : pretrial conference set for 1/16/04 at 9:00 : jury trial set for 1/26/04 at 9:30 (CCP)
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Filing 74
ORDER OF REFERENCE; pltfs' motion to disqualify counsel, filed 10/28/03 before Judge Jon P. McCalla (cc: all counsel) (CCP)
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Filing 73
ORDER ON MOTION TO COMPEL by Mag Judge James H. Allen granting motion to compel [53-1]....With the foregoing qualifications, Headwarters need not reply further to Interrogatory 10. (cc: all counsel) (PWM)
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Filing 72
SETTING LETTER - pursuant to Administrative Order 03-09 notification to parties re: reassignment of case to Judge McCalla and trial setting (BPH)
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Filing 71
NOTICE of change of address for Jeffrey A. Greene, atty for plas to: One Burton Hills, Ste. 330; Nashville, TN 37215 (SKP)
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Filing 70
ORDER by Chief Judge James D. Todd Case reassigned to Judge Jon P. McCalla - per administrative order 03-09 (cc: all counsel) (EJC)
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Filing 69
ANSWER TO amended COUNTERCLAIM [61-2] by plfs/counter-defendants - CJT (EJC) (jae, ).
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REMARK - clerk's file to Mag Judge Allen for work on pending motions - handed delivered jdb (SKP)
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Filing 68
ORDER by Judge J. D. Breen Case reassigned to Mag Judge James H. Allen only for all pending and future references; full case assignment remains Judge Todd (cc: all counsel) (EJC) Modified on 03/26/2003
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Filing 67
CERTIFICATE of consultation by plaintiffs - CJt (EJC)
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Filing 66
PROPOSED Order submitted by plaintiffs - OJT (EJC)
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Filing 65
MOTION by plaintiffs to extend time in wh to file an ans to Headwaters, Inc.'s first amded counterclaim - CJT w/p/o (EJC)
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Filing 61
ANSWER to [1-1] and COUNTERCLAIM by defendant Headwaters Inc against plaintiff; jury demand (EJS) (jae, ).
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Filing 64
ORDER GRANTING HEADWATERS' UNOPPOSED MOTION FOR LEAVE TO FILE ANSWER AND AMENDED COUNTERCLAIM by Chief Judge James D. Todd granting motion for leave to file answer and amended counterclaim [59-1] (cc: all counsel) (EJC)
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Filing 63
RESPONSE by defendant Headwaters Inc (memo of points and authorities in response to plf's motion to compel) [53-1] - CJBr (EJC)
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Filing 62
PROPOSED order granting headwaters' unopposed motion for leave to file answer and amended counterclaim submitted by counter-claimant Headwaters Inc - OJT (EJC)
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Filing 60
L.R. 7.2(a)(1)(B) CERTIFICATE of consultation by counter-claimant Headwaters Inc - CJT (EJC)
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Filing 59
Unopposed MOTION by counter-claimant Headwaters Inc for leave to file answer and amended counterclaim - CJT w/p/o (EJC)
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Filing 58
ORDER OF REFERENCE by Chief Judge James D. Todd referring to Mag Judge J. D. Breen the motion to compel [53-1] for disposition - (cc: all counsel) (EJC)
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Filing 57
PROPOSED Order submitted by plaintiffs - OJT (EJC)
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Filing 56
CERTIFICATE of consultation by plaintiffs - CJT (EJC)
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Filing 55
Second AFFIDAVIT of Jeffrey A. Greene re [53-1] - CJT (EJC)
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Filing 54
MEMORANDUM by plaintiff in support of motion to compel [53-1] - CJT (EJC)
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Filing 53
MOTION by plaintiffs to compel - CJT w/p/o (EJC)
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Filing 52
CONSENT ORDER GRANTING EXT OF TIME by Chief Judge James D. Todd : granting motion to extend cut off date for filing motion to compel [50-1] up to and including 1/6/03 wi wh to file a motion to compel as to the responses filed 10/29/02 - (cc: all counsel) (EJC)
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Filing 51
PROPOSED Consent Order Granting Ext of Time submitted by plaintiff, defendant, counter-claimant, counter-defendant - OJT (EJC)
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Filing 50
Joint MOTION by plaintiff, defendant, counter-claimant, counter-defendant to extend cut off date for filing motion to compel - CJT w/p/o (EJC)
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Filing 49
CONSENT ORDER GRANTING EXT OF TIME by Chief Judge James D. Todd : granting motion to extend cut-off date for filing motion to compel [47-1] up to and including 1/4/03 - (cc: all counsel) (EJC)
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Filing 48
PROPOSED Consent Order Granting Ext of Time submitted by plaintiff, defendant, counter-claimant, counter-defendant - OJT (EJC)
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Filing 47
Joint MOTION by plaintiff, defendant, counter-claimant, counter-defendant to extend cut-off date for filing motion to compel - CJT (EJC)
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Filing 46
Amended SCHEDULING ORDER 16(b) Mag Judge J. D. Breen ; Rebuttal Expert reports set for 7/25/03 - all other deadlns previously set in rule 16(b) schduling order entered 11/18/02 will remain in effect - (cc: all counsel) (EJC)
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Filing 45
ORDER SETTING CASE FOR TRIAL by Chief Judge James D. Todd jury trial 9:30 01/26/04, jpto due 01/16/04 (cc: all counsel)CJT, Ct Reporter, Case Mgr, Jury Deputy, SP (BPH)
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Filing 43
SCHEDULING ORDER 16(b) Mag Judge J. D. Breen ; motion filing deadline set for 10/27/03 ; discovery deadline set for Rule 26 experts: as to issues on wh party has burden of proof 7/1/03, rebuttal expert reports 7/1/03, Document Production and Depositions 10/1/03, Final list of wit and exh for Plfs and Dfts 12/29/03 ; proposed pretrial order to be entered on 1/16/04 ; jury trial set for 1/26/04 at 9:30 ; deadline for joining parties and amending pleadings set for Plfs, 30 days after the Court rules on Plfs' motion for class certification ; Dfts, 30 days after Plfs' deadln for filing amended pleadings and joining parties Plf's - cc: all counsel (EJC)
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Filing 44
NOTICE by plaintiff Philip E. Boynton counsel of record, Jeffrey Green of change of address to: PO Box 120538l Nashville, TN 37212-0538; phone 616-460-0037 (SKP)
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Filing 42
MEMORANDUM of points and authorities by defendant Headwaters Inc in opposition to motion to disqualify counsel [38-1] - CJT (EJC) (jae, ).
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Filing 41
AFFIDAVIT of Jeffrey A. Greene re [38-1] - CJT (EJC) (jae, ).
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Filing 40
MEMORANDUM by plaintiffs in support of motion to disqualify counsel [38-1] - CJT (EJC) (jae, ).
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Filing 39
MEMORANDUM by plaintiffs in opposition to motion for judgment on the pleadings [33-1] - CJT (EJC) (jae, ).
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Filing 38
MOTION by plaintiffs to disqualify counsel - CJT (EJC) (jae, ).
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Filing 37
SETTING LETTER ; scheduling conference set for 4:00 11/15/02, Rm 345 U S Courthouse Jackson before MagJBreen (BPH)
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Filing 36
ORDER DENYING DFTS' MOTION TO DISMISS by Chief Judge James D. Todd denying motion to dismiss the complt for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state claim pursuant to Fed.R.Civ.P. 12(b)(6) [13-1] (cc: all counsel) (EJC)
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Filing 35
ORDER DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT by Chief Judge James D. Todd denying motion for partial summary judgment [22-1] - Because Dft has stated a need for addln discovery before responding to Plfs' motion for partial summary judgment, see Declaration of Parrish Freeman, Dft's Exhibit D, Plfs' motion is DENIED without prejudice to re-filing when discovery is complete - (cc: all counsel) (EJC)
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Filing 34
MEMORANDUM of points and authorities by counter-claimant Headwaters Inc in support of motion for judgment on the pleadings [33-1] - CJT (EJC) (jae, ).
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Filing 33
MOTION by counter-claimant Headwaters Inc for judgment on the pleadings - CJT (EJC) (jae, ).
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Filing 32
ORDER GRANTING DFT HEADWATERS' MOTION FOR LEAVE TO EXCEED PAGE LIMITATION by Chief Judge James D. Todd granting motion for leave to exceed page limitation on its "memo of points and authorities in support of dft Headwaters' motion for jgm on the pleadings [26-1] (cc: all counsel) (EJC)
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Filing 31
MEMORANDUM by counter-claimant, counter-defendant in opposition to motion for partial summary judgment [22-1] - CJT (EJC) (jae, ).
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Filing 30
PROPOSED Order granting dft Headwaters' motion for leave to exceed page limitation on its' "memo of points and authorities in support of dft Headwaters' motion for jgm on the pleadings submitted by counter-claimant Headwaters Inc - OJT (EJC)
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Filing 29
CERTIFICATE of consultation by counter-claimant Headwaters Inc - CJT (EJC)
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Filing 28
CERTIFICATE of service by counter-claimant Headwaters Inc - CJT (EJC)
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Filing 27
MEMORANDUM by counter-claimant Headwaters Inc in support of motion for leave to exceed page limitation on its "memo of points and authorities in support of dft Headwaters' motion for jgm on the pleadings [26-1] - CJT (EJC) (jae, ).
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Filing 26
MOTION by counter-claimant Headwaters Inc for leave to exceed page limitation on its "memo of points and authorities in support of dft Headwaters' motion for jgm on the pleadings - CJT w/p/o (EJC) (jae, ).
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Filing 25
First AFFIDAVIT of Aaron Scott Bernard re [22-1] - CJT (EJC) (jae, ).
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Filing 24
First AFFIDAVIT of Philip E. Boynton re [22-1] - CJT (EJC) (jae, ).
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Filing 23
MEMORANDUM by plaintiff in support of motion for partial summary judgment [22-1] - CJT (EJC) (jae, ).
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Filing 22
MOTION by plaintiffs for partial summary judgment - CJT (EJC) (jae, ).
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Filing 21
RESPONSE by plaintiff to [16-1] motion for admission pro hac vice - CJT (EJC) (jae, ).
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Filing 20
MEMORANDUM by plaintiffs in opposition to motion to dismiss the complt for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) [13-1] - CJT (EJC) (jae, ).
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Filing 19
ANSWER TO COUNTERCLAIM [15-2] by counter-defendant Philip E. Boynton - CJT (EJC) (jae, ).
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Filing 18
ORDER GRANTING MOTION FOR PRO HAC VICE by Chief Judge James D. Todd granting motion for attorneys Lary R. Laycock, David R. Wright and R. Parrish Freeman to appear pro hac vice [16-1] for dft Headwaters Inc. (cc: all counsel) (EJC)
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Filing 17
PROPOSED order granting motion for phv submitted by counter-claimant Headwaters Inc - OJT (EJC)
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Filing 16
MOTION by counter-claimant Headwaters Inc for attorneys Lary R. Laycock, David R. Wright and R. Parrish Freeman to appear pro hac vice - CJT (fees Paid) (EJC) (jae, ).
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PRO HAC VICE FEE PAID: in the amount of $ 300.00 receipt # 024920 by Workman Nydegger & Seeley (EJC)
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Filing 15
ANSWER to [1-1] and COUNTERCLAIM by defendant Headwaters Inc against plaintiffs; jury demand - CJT (EJC) (jae, ).
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Filing 14
MEMORANDUM by defendant James G. Davidson, defendant A. Graydon Hoover in support of motion to dismiss the complt for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) [13-1] - CJT (EJC) (jae, ).
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Filing 13
MOTION by defendant James G. Davidson, defendant A. Graydon Hoover to dismiss the complt for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6) CJT (EJC) (jae, ).
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Filing 12
RETURN OF SERVICE executed upon defendant Headwaters Inc on 6/5/02 (YDS)
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Filing 10
PROPOSED AGREED ORDER EXT TIME TO RESPOND TO COMPLAINT submitted by defendant James G. Davidson, defendant A. Graydon Hoover - OJT (EJC)
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Filing 9
MOTION by defendant James G. Davidson, defendant A. Graydon Hoover to extend time to resp to complaint - CJT w/p/o (EJC)
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Filing 8
AGREED ORDER EXTENDING TIME TO RESPOND TO COMPLAINT by Chief Judge James D. Todd : granting motion to extend time to respond to complaint [6-1] - until 5:00 p.m., Monday, 6/17/02 - (cc: counsel) (EJC)
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Filing 7
PROPOSED AGREED ORDER EXT TIME TO RESPOND to complaint by defendant James G. Davidson, defendant A. Graydon Hoover - OJT (EJC)
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Filing 6
MOTION by defendant James G. Davidson, defendant A. Graydon Hoover to extend time to respond to complaint - CJT w/p/o (EJC)
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ALIAS SUMMONS issued as to defendant Headwaters Inc - address: c/o Corporation Service Company; 2711 Centerville Rd., Ste. 400; Wilmington, DE 19808 - returned to attorney (SKP)
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Filing 5
RETURN OF SERVICE unexecuted - attempted as to defendant Headwaters Inc - received in Memphis office 5/28/02; from Dept of State, Division of Business Services, 312 Eighth Avenue North, 6th Floor William R. Snodgrass Tower, Nashville, TN 37243; signed by Riley C. Darnell (EJC)
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Filing 4
RETURN OF SERVICE executed upon defendant James G. Davidson on 5/8/02 - served personally upon dft in parking lot, Shell Service Station NE Corner of Hwy 641 and Hwy 79 intersection; Server, Jack Wallace (EJC)
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Filing 3
RETURN OF SERVICE executed upon defendant A. Graydon Hoover on 5/8/02 - served personally upon dft at 1122 Belmont, Paris, TN; Jack Wallace, Server (EJC)
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Filing 2
ATTORNEY APPEARANCE for plaintiff Philip E. Boynton, plaintiff Clarence W. Boynton, plaintiff Richard M. Boynton, plaintiff Norma Ann Logan, plaintiff Renelda J. Westfall, plaintiff Shannon Nonn, plaintiff Aaron Scott Bernard, plaintiff Alan F. Bernard, plaintiff Linda R. Bernard, plaintiff David Alan Bernard by Gregory H. Oakley - CJT (GN)
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Filing 1
COMPLAINT (Summons(es) issued) Receipt #: 024626; Filing fee $ 150.00 - CJT (GN) (jae, ).
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