Memphis Center v. MRB Windyke, LP, et al
Plaintiff: Memphis Center for Independent Living
Defendant: MRB Windyke, LP, Makowsky & Ringel, Inc., Belz Investco, LP, Belz Investco, GP, Grant Investment Properties, PC, Richard Milton Grant Company, Archeon, Inc, Reaves Sweeney Marcom, Inc., Penn Investors, Inc, J. Richard Grant, Milton Grant, John R. Gillentine, Henry Hart, Makowsky Construction Company, Inc., Makowsky Ringel Greenberg, LLC, MRB-Stonebridge, L.P., JAN Realty, Inc., Belz/South Bluffs, Inc., Jack A. Belz doing business as Belz Enterprises, Ronald A. Belz doing business as Belz Enterprises, Jerome H. Hanover doing business as Belz Enterprises, Richard and Milton Grant Company, Henry Hart Engineering Company, P.C., Parker, Estes & Associates, Inc. and W.H. Porter and Company
Not Classified By Court: James Allen and James H. Allen
Intervenor Plaintiff: United States of America
3Rd Party Defendant: A.C. Electric Company, Inc, Ellendale Electric Company, Inc, Raleigh Plumbing Company, Inc, Morris Heating and Air Conditioning, Air Conditioning and Heating Unlimited and Corzine Mechanical Contractors, Inc.
Case Number: 2:2001cv02069
Filed: January 25, 2001
Court: US District Court for the Western District of Tennessee
Presiding Judge: Bernice B Donald
Referring Judge: Tu M Pham
Nature of Suit: Civil Rights: Accomodations
Cause of Action: 42 U.S.C. § 1981 Housing Discrimination
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 6, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2010 Opinion or Order Filing 728 ORDER granting #727 Motion to Extend Deadline. Signed by Judge Bernice B. Donald on 10/06/10. (Donald, Bernice)
September 27, 2010 Filing 727 First MOTION to Extend Deadline Expiration of Supplemental Consent Order (proposed order submitted) by United States of America. (Niles, Sara)
October 7, 2008 Opinion or Order Filing 726 SUPPLEMENTAL CONSENT ORDER. Signed by Judge Bernice B. Donald on 10/7/08.(Attachments: #(1)Appendix,#(2)Appendix,#(3)Appendix)(Donald, Bernice)
July 31, 2008 Opinion or Order Filing 725 ORDER granting #723 Motion for Extension of Time to File. Signed by Judge Bernice B. Donald on 7/31/08. (Donald, Bernice)
July 17, 2008 Filing 724 NOTICE by United States of America re #710 Status Report Response to Remedial Plan. Proposed Order Submitted (Niles, Sara)
July 10, 2008 Filing 723 Seventh MOTION for Extension of Time to File Response to Remedial Plan. Proposed Order Submitted by United States of America. (Niles, Sara)
June 26, 2008 Opinion or Order Filing 722 ORDER granting #721 Motion for Extension of Time to File. United States has until July 10, 2008 to file response. Signed by Judge Bernice B. Donald on 6/26/08.(Donald, Bernice)
June 26, 2008 Filing 721 Sixth MOTION for Extension of Time to File Response to Remedial Plan. Proposed Order Submitted by United States of America. (Niles, Sara)
June 23, 2008 Opinion or Order Filing 720 ORDER granting #719 Motion for Extension of Time to File. Signed by Judge Bernice B. Donald on 6/23/08.(Donald, Bernice)
May 29, 2008 Filing 719 Fifth MOTION for Extension of Time to File Response to Remedial Plan. Proposed Order Submitted by United States of America. (Niles, Sara)
May 21, 2008 Set/Reset Deadlines as to Responses due by 5/29/2008 to 712, 714, 715 and 716. (jml, )
May 21, 2008 Opinion or Order Filing 718 ORDER Granting #711 Plaintiff's Motion to Extend Consent Order. Signed by Judge Bernice B. Donald on 5/21/08. (Donald, Bernice)
May 21, 2008 Opinion or Order Filing 717 ORDER granting #712 , #714 , #715 , and #716 Motions for Extension of Time to File Response to Remedial Plan. New dealine is May 29, 2008. Signed by Judge Bernice B. Donald on 5/21/08. (Donald, Bernice)
May 8, 2008 Filing 716 Fourth MOTION for Extension of Time to File Response to Remedial Plan. Proposed Order Submitted by United States of America. (Niles, Sara)
April 24, 2008 Filing 715 Third MOTION for Extension of Time to File Response to Remedial Plan. Proposed Order Submitted by United States of America. (Niles, Sara)
April 2, 2008 Filing 714 Second MOTION for Extension of Time to File Response to Remedial Plan. Proposed Order Submitted by United States of America. (Niles, Sara)
March 20, 2008 Filing 713 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #711 MOTION Extend Consent Order proposed Order submitted filed by United States of America has been filed. For future reference, please note that the proper ecf atty signature is to be reflected on filed documents(EX.: s/attorney name typed). Thanks.. Filer is not required to resubmit document. (jml, )
March 19, 2008 Filing 712 MOTION for Extension of Time to File Response to Remedial Plan, proposed order submitted by United States of America. (Niles, Sara)
March 18, 2008 Filing 711 MOTION Extend Consent Order proposed Order submitted by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Niles, Sara)
February 15, 2008 Filing 710 STATUS REPORT on Order to Submit Remedial Plan by JAN Realty, Inc.. (Attachments: #1 Exhibit A - Remedial Plan)(Kitay, Theresa)
February 5, 2008 Opinion or Order Filing 709 ORDER granting #708 Motion to Amend/Correct. Signed by Judge Bernice B. Donald on 2/5/08. (Donald, Bernice)
January 23, 2008 Filing 708 MOTION to Amend/Correct #707 Order on Motion to Enforce Judgment proposed order submitted by Penn Investors, Inc. (Attachments: #1 Memorandum Memo in Support of Motion, #2 Exhibit Exhibit A - Declaration of J. Makowsky)(Kitay, Theresa)
January 16, 2008 Opinion or Order Filing 707 ORDER granting #702 Motion to Enforce Consent Decree. Signed by Judge Bernice B. Donald on 1/16/08. (Donald, Bernice)
December 21, 2007 Filing 706 Minute Entry for proceedings held before Judge Bernice B. Donald : Hearing on #702 Motion to Enforce Judgment held on 12/21/2007; Court heard from plf as to motion / heard from dft regarding #703 response to motion; Matter submitted to the Court; Court will issue a written ruling. (Plf Attys: S. Niles, G. Vanasek; Dft Attys: T. Kitay, W. Jeter) (Court Reporter Lynn Dudley.)(9:10-9:40) (tlh, )
November 30, 2007 Filing 705 SETTING LETTER: Hearing on Motion to Enforce Judgment set for 12/21/2007 09:00 AM in Courtroom 3 - Memphis before Judge Bernice B. Donald. (tlh, )
November 8, 2007 Filing 704 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #703 Response in Opposition to Motion, filed by JAN Realty, Inc., Penn Investors, Inc has been filed. For future reference, please note that there is a selection for a 'response to motion'. Your selection and the document should reflect the same if the category is available. Thanks and if you have questions please call 901-495-1505.. Filer is not required to resubmit document. (jml, )
November 4, 2007 Filing 703 RESPONSE in Opposition re #702 MOTION to Enforce Judgment proposed order submitted filed by Penn Investors, Inc, JAN Realty, Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7)(Kitay, Theresa)
October 22, 2007 Filing 702 MOTION to Enforce Judgment proposed order submitted by United States of America. (Attachments: #1 Certificate of Consultation #2 Memorandum In Support of Motion#3 Exhibit A#4 Exhibit B#5 Exhibit C#6 Exhibit D#7 Exhibit E#8 Exhibit F#9 Exhibit G#10 Exhibit H#11 Exhibit I#12 Exhibit J#13 Exhibit K#14 Exhibit L)(Niles, Sara)
March 19, 2007 Filing 701 NOTICE of Appearance by Sara L. Niles on behalf of United States of America (Niles, Sara)
March 15, 2007 Opinion or Order Filing 700 ORDER granting #699 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Bernice B. Donald on 03/15/2007. (Donald, Bernice)
March 14, 2007 Filing 699 First MOTION for Leave to Appear Pro Hac Vice (Attorney Sara Niles), Memorandum in Support, Certificate of Consultation, and Certificate of Service(proposed order submitted) by United States of America. (Attachments: #1)(Vanasek, Gary) Modified on 3/20/2007 (jml, )as to text only---no filling fee requirer USA atty.
February 28, 2007 Opinion or Order Filing 698 JUDGMENT In accordance with the Consent Order As To Plaintiffs Memphis Center For Independent Living and United States Of America and Defendants Richard And Milton Grant Co., J. Richard Grant, Milton Grant, Richard And Milton Grant, LLC, Wyndham, LLC, Camden Grove, LLC, Camden Grove 2, LLC, John R. Gillentine, Henry Hart, Henry Hart Engineering, P.C., and Parker, Estes & Associates, Inc. entered on 2/24/2007, this cause is hereby dismissed. Signed by Judge Bernice B. Donald on 2/28/2007. (Donald, Bernice)
February 20, 2007 Motions No Longer Referred: #696 Third MOTION for Extension of Time to File Proposed Consent Decree removed from Magistrate Judge Report (vlg )
February 15, 2007 Opinion or Order Filing 697 CONSENT ORDER AS TO PLAINTIFFS MEMPHIS CENTER FOR INDEPENDENT LIVING and UNITED STATES OF AMERICA and DEFENDANTS RICHARD AND MILTON GRANT CO., J. RICHARD GRANT, MILTON GRANT, RICHARD AND MILTON GRANT, LLC, WYNDHAM, LLC, CAMDEN GROVE, LLC, CAMDEN GROVE 2, LLC, JOHN R. GILLENTINE, HENRY HART, HENRY HART ENGINEERING, P.C. and PARKER, ESTES & ASSOCIATES, INC. Signed by Judge Bernice B. Donald on 2/15/2007. (Attachments: #1 Appendix -Attachment to Appendix A#2 Appendix- Attachment to Appendix C)(Donald, Bernice)
February 2, 2007 Filing 696 Third MOTION for Extension of Time to File Proposed Consent Decree by United States of America. (Meyer-Fong, Ming-Yuen)
January 29, 2007 Opinion or Order Filing 695 ORDER finding as moot #683 Motion for Extension of Time to File and #687 Motion for Extension of Time to File. Signed by Judge Bernice B. Donald on 01/29/07. (Donald, Bernice)
January 29, 2007 Opinion or Order Filing 694 ORDER granting #693 Motion for Extension of Time to File Consent Decree. Signed by Judge Bernice B. Donald on 01/29/07. (Donald, Bernice)
January 26, 2007 Filing 693 Second MOTION for Extension of Time to File Consent Decree by United States of America. (Meyer-Fong, Ming-Yuen)
January 18, 2007 Opinion or Order Filing 692 ORDER granting #691 Motion to Amend/Correct. Signed by Judge Bernice B. Donald on 01/18/07. (Donald, Bernice)
January 18, 2007 Filing 691 MOTION to Amend/Correct #688 Order on Motion for Disbursement of Funds proposed Order submitted by United States of America. (Maurer, Michael)
January 16, 2007 Opinion or Order Filing 690 ORDER granting #689 Motion for Extension of Time to File Consent Decree. Signed by Judge Bernice B. Donald on 01/16/07. (Donald, Bernice)
January 12, 2007 Filing 689 MOTION for Extension of Time to File Proposed Consent Order by United States of America. (Meyer-Fong, Ming-Yuen)
December 27, 2006 Opinion or Order Filing 688 ORDER granting #686 Motion for Disbursement of Funds. Signed by Judge Bernice B. Donald on 12/27/2006. (Donald, Bernice)
December 22, 2006 Filing 687 Fourth MOTION for Extension of Time to File Consent Decree, proposed order submitted by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (Kitay, Theresa)
December 21, 2006 Filing 686 MOTION for Disbursement of Funds proposed order submitted to Court by United States of America. (Attachments: #1)(Keary, Thomas)
December 18, 2006 Opinion or Order Filing 685 ORDER granting #684 Motion for Extension of Time to File Consent Decree. Signed by Judge Bernice B. Donald on 12/18/2006. (Donald, Bernice)
December 15, 2006 Filing 684 Third MOTION for Extension of Time to File Consent Decree, Substituted Motion for #683, proposed order submitted by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (Kitay, Theresa)
December 15, 2006 Filing 683 Third MOTION for Extension of Time to File Consent Decree, proposed order submitted by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (Kitay, Theresa)
December 11, 2006 Opinion or Order Filing 682 ORDER GRANTING MOTION TO EXCEED PAGE LIMITATION. Signed by Judge Bernice B. Donald on 12/11/2006. (Donald, Bernice)
December 6, 2006 Opinion or Order Filing 681 ORDER Extending Time to File a Consent Decree. Signed by Judge Bernice B. Donald on 12/6/2006. (Donald, Bernice)
November 30, 2006 Filing 680 Second MOTION for Extension of Time to File Consent Decree, proposed order submitted by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (Kitay, Theresa)
November 20, 2006 Opinion or Order Filing 679 ORDER granting #678 Motion for Extension of Time to File. Signed by Judge Bernice B. Donald on 11/20/2006. (Donald, Bernice)
November 20, 2006 Filing 678 MOTION for Extension of Time to File Consent Decree (proposed order submitted) by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (Kitay, Theresa)
October 24, 2006 Filing 677 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #674 Notice of Settlement filed by United States of America, has been filed. For future reference, please note that this document should have been submitted under the motion category. (the title reflects motion). Filer is not required to resubmit document. (jml, )
October 24, 2006 Opinion or Order Filing 676 ORDER STRIKING PENDING MOTIONS ( 598 , 605 , #653 , #654 , #655 , #656 , #657 , #658 , #659 , #660 ) AS MOOT. Signed by Judge Bernice B. Donald on 10/24/06. (Donald, Bernice)
October 19, 2006 Opinion or Order Filing 675 ORDER Granting #674 Joint Motion For Entry Of An Order Staying The Trial Date Pending Approval Of A Consent Order In Settlement Of This Matter. Signed by Judge Bernice B. Donald on 10/19/2006. (Donald, Bernice)
October 19, 2006 Filing 674 NOTICE of Settlement and Joint Motion for Stay of Trial Pending Approval of Consent Order by United States of America (Keary, Thomas)
October 16, 2006 Opinion or Order Filing 673 ORDER re #615 Awarding Attorneys' Fees and Expenses to Plaintiffs for Amounts Incurred in Preparing and Filing Motion to Compel. Grant Defendants are ORDERED to pay attorneys' fees in the amount of $2,810.00 within 20 days from the date of this order. Signed by Judge Tu M. Pham on 10/16/06. (Pham, Tu)
October 12, 2006 Filing 672 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #671 Response in Opposition to Motion filed by United States of America, has been filed. For future reference, please note that if the certificate of service has the style of the case, proper heading and case number, it can be filed as an atttached document(document run in with the memorandum in opposition). Please call for questions at 901-495-1505. Filer is not required to resubmit document. (jml, )
October 10, 2006 Filing 671 RESPONSE in Opposition re #658 MOTION in Limine proposed order submitted, #659 MOTION in Limine Memorandum in Support filed by United States of America. (Meyer-Fong, Ming-Yuen)
October 10, 2006 Filing 670 RESPONSE in Opposition re #660 MOTION for View proposed order submitted Proposed Order Submitted Denying Motion filed by United States of America. (Reilly, Susan)
October 6, 2006 Filing 669 Proposed Findings of Fact by United States of America. (Keary, Thomas)
October 4, 2006 Filing 668 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #662 Certificate of Counsel filed by United States of America, has been filed. For future reference, please note that the certificate of consultation should have been submitted as an attached document to the motion receiving only one docket entry number. For questions please call 901-495-1505.. Filer is not required to resubmit document. (jml, )
October 4, 2006 Filing 667 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #660 MOTION for View proposed order submitted filed by J. Richard Grant,, Milton Grant,, Richard and Milton Grant Company, has been filed. However, the following deficiency has been found: Please note that the labeling for entry #2 and the title do not match. It reflects memorandum in support when actually the title reflects the same as the motion. Per our conversation, please resubmit under the 'notice of correction' category and link to this motion. #659 is not a motion and it will be termed. Also, #658 and 659 should have been submitted as attached documents, receiving only one document entry number. The same information as follows for #660 and #661, however in #661 if you are to link to two separate docket entry, you will be able to by simple submitting the document individually in each different entry. For questions please call 901-495-1505.. The filer has one business day to correct the deficiency. (jml, ) Modified on 10/4/2006 (jml, ).
October 4, 2006 Filing 666 Notice of Correction to #660 MOTION for View proposed order submitted Correction to title of filing on Memorandum in Support. (Kitay, Theresa)
October 3, 2006 Filing 665 Notice of Correction to #656 MOTION in Limine Re Undisclosed Experts; Proposed Order Submitted Substitute Exhibit B. (Reilly, Susan)
October 3, 2006 Filing 664 Notice of Correction to #656 MOTION in Limine Re Undisclosed Experts; Proposed Order Submitted Substitute Exhibit A. (Reilly, Susan)
October 3, 2006 Filing 663 Notice of Correction to #655 MOTION in Limine Re Offers of Compromise; Proposed Order Submitted Substitute Exhibit B. (Reilly, Susan)
October 3, 2006 Filing 662 CERTIFICATE of Counsel re #657 MOTION for Leave to File Excess Pages re Memorandum in Support of Excluding Defense Witness Mark Wales; Proposed Order Submitted by Susan Buckingham Reilly on behalf of United States of America (Reilly, Susan)
October 2, 2006 Filing 661 CERTIFICATE of Counsel re #658 MOTION in Limine proposed order submitted, #659 MOTION in Limine Memorandum in Support, #660 MOTION for View proposed order submitted re Counsel Consultation by Theresa L. Kitay on behalf of J. Richard Grant, Milton Grant, Richard and Milton Grant Company (Kitay, Theresa)
October 2, 2006 Filing 660 MOTION for View proposed order submitted by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (Attachments: #1 Memorandum in Support of Motion for View)(Kitay, Theresa)
October 2, 2006 Filing 659 MOTION in Limine Memorandum in Support by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (Kitay, Theresa)
October 2, 2006 Filing 658 MOTION in Limine proposed order submitted by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (Kitay, Theresa)
October 2, 2006 Filing 657 MOTION for Leave to File Excess Pages re Memorandum in Support of Excluding Defense Witness Mark Wales; Proposed Order Submitted by United States of America. (Reilly, Susan)
October 2, 2006 Filing 656 MOTION in Limine Re Undisclosed Experts; Proposed Order Submitted by United States of America. (Attachments: #1 Certificate of Consultation #2 Exhibit Claimed Exempt Units at Wyndham Apartments#3 Exhibit Depositions Excerpts of Milton Grant of 9-26-02 & 10-2-02)(Reilly, Susan)
October 2, 2006 Filing 655 MOTION in Limine Re Offers of Compromise; Proposed Order Submitted by United States of America. (Attachments: #1 Certificate of Consultation #2 Exhibit Declaration of William Hecker and Exhibits#3 Exhibit Excerpts from Deposition of Plaintiff Witness William Hecker)(Reilly, Susan)
October 2, 2006 Filing 654 MOTION in Limine Regarding Defense Witness Mark Wales Proposed Order Submitted by United States of America. (Attachments: #1 Certificate of Consultation #2 Memorandum #3 Exhibit Excerpts from Defense Witness Mark Wales Report#4 Exhibit Defense Witness Mark Wales' Deposition 4-5-06#5 Exhibit Deposition Defense Witness Mark Wales 4-4-06, pp. 1-89#6 Exhibit Deposition of Defense Witness Mark Wales, 4-4-06, pp. 90-201#7 Exhibit Report of Lisa Iezzoni#8 Exhibit Expert Report of Bruce Bradtmiller#9 Exhibit Deposition of Mark Wales in U.S. v. Shanrie#10 Exhibit Deposition of Mark Wales in U.S. v. Shanrie, pp. 81-189#11 Exhibit Grant Defendants' Proposed Amendment to Pretrial Order)(Reilly, Susan)
October 2, 2006 Filing 653 MOTION in Limine Proposed Order Submitted by United States of America. (Attachments: #1 Certificate of Consultation #2 Memorandum #3 Exhibit Excerpts of Defense Witness Mark Wales' Report#4 Exhibit Excerpts of Defense Witness Mark Wales' Deposition)(Reilly, Susan)
September 20, 2006 Opinion or Order Filing 652 Order on Resetting Trial, Referring Attorneys' Fees Award to Magistrate Judge, Establishing Order of Proof, and Requiring Defendants to Provide Net Worth Statements for 2005. Trial is reset to October 23, 2006, commencing at 10:00 a.m. and on days thereafter at 9:00 a.m . Signed by Judge Bernice B. Donald on 9/20/2006. (Donald, Bernice)
September 19, 2006 Filing 651 Minute Entry for proceedings held before Judge Bernice B. Donald : Pretrial Conference held on 9/19/2006; Parties stated they are ready for trial; Est. total trial time: 2 weeks; Non- Jury trial reset for 10/23/2006 09:00 AM in Courtroom 3 - Memphis before Bernice B. Donald; Motions in limine due by 10/2/2006; Dfts will proceed first at trial; Govt first on damages; Court addressed pending motions: Govt request updated info on annual net worth of dfts- Court Orders dfts produce info thru 2005 by 10/2/2006 deadline; Motion on Atty Fee award fully briefed and ripe for determination- Court will address or refer to Magistrate Judge; Court and parties addressed objections on proposed pretrial order; objections to exhibit list; objections to facts; Parties will meet to privately for further discussions/resolutions; Atty Vanasek instructed to draft/submit order as to this hearing. (Plf/Govt Attys: T. Keary, M. Meyer-Fong, G. Vanasek; Dfts Attys: T. Kitay-phone; J. Jarratt, J. Roberts- phone, J. Keiner-phone, S. Vescovo)(Court Reporter Lynn Dudley.)(1:31-2:56) (tlh, ) Modified on 9/20/2006 (tlh, ).
September 15, 2006 Filing 650 SETTING LETTER: Pretrial Conference RESET for 9/19/2006 01:30 PM in Courtroom 3 - Memphis before Bernice B. Donald. (tlh, )
May 10, 2006 Filing 649 COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #647 Attachment filed by United States of America,, #648 Notice (Other), Notice (Other) filed by United States of America,, #630 Notice (Other) filed by United States of America,, #631 Notice (Other) filed by United States of America, has been filed. For future reference, please note attachments should have been submitted under the same docket entry. Also docket entry #647 was submitted before as #630 and docket entry #648 was submitted before as #631..Please call if you have questions. Filer is not required to resubmit document. (jml, )
May 5, 2006 Filing 648 NOTICE by United States of America of Disclosure of Rebuttal Expert Testimony of Pete G. Pascua, Jr., P.E. (Attachments: #1 Exhibit Rebuttal Report of Pete G. Pascua, Jr., P.E., Appendix A, Appendix B#2 Appendix C#3 Appendix D#4 Appendix E#5 Appendix F#6 Appendix G, Appendix H)(Kijewski, Kevin)
May 5, 2006 Filing 647 ATTACHMENT Appendix K -- Notice of Submission of Digital Versatile Discs in Support of the United States Expert Testimony to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 646 ATTACHMENT Appendix J -- Part B-- Maps of Roadway Accessibility at Camden Grove and Wyndham to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 645 ATTACHMENT Appendix J -- Part A -- Summary Maps of Roadway Accessibility at Camden Grove and Wyndham to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 644 ATTACHMENT Appendix I -- Part B -- Field Measurement Maps for Roadways at Wyndham and Camden Grove to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 643 ATTACHMENT Appendix I -- Part A -- Field Measurement Maps for Roadways at Wyndham and Camden Grove to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 642 ATTACHMENT Appendix H -- Vehicle Route Exception Slope Analysis to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 641 ATTACHMENT Appendix G -- Survey Report on Sidewalks at Wyndham and Camden Grove to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 640 ATTACHMENT Appendix F -- Field Measurement Maps of Sidewalks at Wyndham and Camden Grove to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 639 ATTACHMENT Appendix E -- Excerpts from the Fair Housing Accessibility Guidelines and ANSI A117.1-1986 to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 638 ATTACHMENT Appendix D -- Field Measurement Maps for Wyndham and Camden Grove to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 637 ATTACHMENT Appendix B -- Survey Report for Routes from Individual Ground Floor Units to Adjoining Streets at Camden Grove to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 636 ATTACHMENT Appendix B -- Survey Report for Routes from Individual Ground Floor Units to Adjoining Streets at Wyndham to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 635 ATTACHMENT Appendix A -- Summary Charts of Accessible Elements on Ground Floor Unit Approaches at Camden Grove Apartments and The Wyndham Apartments to #634 Notice (Other) by United States of America. (Kijewski, Kevin)
May 5, 2006 Filing 634 NOTICE by United States of America re #630 Notice (Other) of Disclosure of Rebuttal Expert Testimony of William Hecker, AIA (Attachments: #1 Exhibit Rebuttal Expert Report of William Hecker, AIA)(Kijewski, Kevin)
May 5, 2006 Filing 633 NOTICE by United States of America of Disclosure of Rebuttal Expert Testimony of Bruce Bradtmiller, Ph.D. (Attachments: #1 Exhibit Rebuttal Expert Report of Bruce Bradtmiller, Ph.D.)(Kijewski, Kevin)
May 5, 2006 Filing 632 NOTICE by United States of America of Disclosure of Rebuttal Expert Testimony of Ken Schoonover, P.E. (Attachments: #1 Exhibit Rebuttal Expert Report of Ken Schoonover, P.E.)(Kijewski, Kevin)
May 5, 2006 Filing 631 NOTICE by United States of America of Disclosure of Rebuttal Expert Testimony of Lisa I. Iezzoni, M.D., M.Sc. (Attachments: #1 Exhibit Rebuttal Expert Report of Lisa I. Iezzoni, M.D., M.Sc.)(Kijewski, Kevin)
May 5, 2006 Filing 630 NOTICE by United States of America Submission of Digital Versatile Disk, Appendix K of U.S. Expert Rebuttal Report (Vanasek, Gary)
April 28, 2006 Opinion or Order Filing 628 ORDER granting #627 Motion to Amend/Correct . Signed by Judge Bernice B. Donald on 4/28/2006. (Donald, Bernice)
April 24, 2006 Filing 629 Mail Returned as Undeliverable. Mail sent to Steven Rosenbaum regarding docket entry #624 (cas)
April 24, 2006 Filing 627 MOTION to Amend/Correct #617 Order on Motion to Amend/Correct Unopposed Motion to Amend Court's March 13, 2006 Order to Extend Date for United States to Designate Rebuttal Expert Witnesses and Submit Expert Witness Reports, proposed order submitted, by United States of America. (Kijewski, Kevin)
April 18, 2006 Filing 626 Minute Entry for proceedings held before Judge Bernice B. Donald : Telephone Status Conference held on 4/18/2006; Parties seeking clarification of trial dates-request the 6/12/2006 be reset for the remaining parties- Granted- Court will set a firm trial date; Dft est. trial to last 3 days; Plf est. trial for 1 week; Proposed Pretrial Order due by 8/28/2006; Non-Jury Trial reset for 10/16/2006 09:00 AM in Courtroom 3 - Memphis before Bernice B. Donald; Telephone Pretrial Conference set for 9/14/2006 01:30 PM in Courtroom 3 - Memphis before Bernice B. Donald. (Plf Attys: G. Vanansek(present), T. Keary; Dft Attys: T. Kitay, J. Jarratt, J. Richbourg, J. Roberts)(Court Reporter Lynn Dudley.)(2:30-2:45) (tlh, )
April 13, 2006 Filing 625 Mail Returned as Undeliverable. Mail sent to Steven Rosenbaum regarding docket entry #621 (cas)
April 11, 2006 Filing 624 SETTING LETTER:Telephone Status Conference set for 4/18/2006 02:00 PM in Courtroom 3 - Memphis before Bernice B. Donald. The conference call will be initiated by the case manager; Parties wishing to participate please contact the case manager before 4/18/2006 and confirm telephone number. The case manager may be reached at 901-495-1276.(tlh, )
April 7, 2006 Filing 623 NOTICE by United States of America To Reschedule Deposition of Defendant Milton Grant (Keary, Thomas)
March 31, 2006 Filing 622 Mail Returned as Undeliverable. Mail sent to Steven Rosenbaum regarding docket entry #617 (cas)
March 30, 2006 Opinion or Order Filing 621 ORDER granting #619 Motion for Leave for Ming Yuen Meyer-Fong to Appear Pro Hac Vice . Signed by Judge Bernice B. Donald on 3/30/2006. (Donald, Bernice)
March 30, 2006 Filing 620 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #619 First MOTION for Leave to Appear Pro Hac Vice of Ming-Yuen Meyer-Fong, Proposed Order Submitted filed by United States of America, has been filed. However, the following deficiency has been found: FYI...The certificate of service page should be submitted with the motion and not as an attachment.. NO ACTION NECESSARY.(jml, )
March 29, 2006 Filing 619 First MOTION for Leave to Appear Pro Hac Vice of Ming-Yuen Meyer-Fong, Proposed Order Submitted by United States of America. (Attachments: #1 Certificate of Good Standing#2 #3 Certificate of Service)(Vanasek, Gary)
March 13, 2006 Filing 618 NOTICE by United States of America of Depositions of Mark Wales and Defendant Milton Grant (Kijewski, Kevin)
March 13, 2006 Opinion or Order Filing 617 ORDER granting #614 Motion to Amend/Correct . Signed by Judge Bernice B. Donald on 3/13/2006. (Donald, Bernice)
March 13, 2006 Filing 616 DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document #614 MOTION to Amend/Correct #613 Order, Unopposed Motion to Extend Date for United States to Designate Rebuttal Expert Witnesses and Submit Expert Witness Reports filed by United States of America, has been filed. However, the following deficiency has been found: : FYI......Motion, Memorandum and Certificate of Consultation MUST be linked. Motion will be your main document and Memorandum and Cert. of Consultation and so on to be attached documents.. For questions please call 901-495-1505. NO ACTION NECESSARY. (jml, )
March 10, 2006 Filing 615 NOTICE by United States of America re #613 Order, Memorandum Regarding Court-Awarded Attorneys' Fees; proposed order submitted (Attachments: #1 Exhibit Ex A Declaration T Keary & Time Report#2 Exhibit Ex B Declaration K Kijewski & Time Report#3 Exhibit Ex C Affidavit D Donati)(Kijewski, Kevin)
March 10, 2006 Filing 614 MOTION to Amend/Correct #613 Order, Unopposed Motion to Extend Date for United States to Designate Rebuttal Expert Witnesses and Submit Expert Witness Reports by United States of America. (Kijewski, Kevin)
February 8, 2006 Opinion or Order Filing 613 ORDER AUTHORIZING PLAINTIFFS TO FILE A REBUTTAL EXPERT REPORT, EXTENDING THE TIME IN WHICH TO DEPOSE WITNESS IDENTIFIED BY THE GRANT DEFENDANTS IN REGARD TO THEIR REMEDIAL PLAN, AND ASSESSING PLAINTIFF'S COSTS. Signed by Judge Bernice B. Donald on 2/8/2006. (Donald, Bernice)
January 27, 2006 Opinion or Order Filing 612 ORDER granting 590 Motion for Leave to File, granting 609 Motion for Leave to File . Signed by Judge Bernice B. Donald on 1/27/2006. (Donald, Bernice)
January 5, 2006 Filing 611 STATUS REPORT on Progress of Remedial Plan by Richard and Milton Grant Company. (Kitay, Theresa)
December 14, 2005 Opinion or Order Filing 610 ORDER for Motion for Leave to File a Consolidated Reply to the Grant Defendants' Opposition to its Motion to Strike the Grant Defendants Untimely Designation of Mark Wales and the United States' Motion for a Court Appointed Expert. Signed by Judge Bernice B. Donald. (jml, )
November 18, 2005 Filing 609 Plantiff United States Unopposed MOTION for Leave to File a Consolidated Reply Memorandum regarding the United States' Motion to Strike the Grant Defendants' untimely Designation of Mark Wales and the United States' Motion for a Court-appointed expert,.. by United States of America. (jml, )
November 15, 2005 Filing 608 RESPONSE in Opposition to Plantiff United States' Motion and Memorandum re 605 Plantiff United States' MOTION and Memorandum in Support of Motion to Strike the Grant Defendants' Untimely Designatiion of Mark Wales following the United States' Request for a Court-Appointed Expert (dkt #598) or, in the alternative, for Authorization to File a Rebuttal Expert Report and to Depose Defendants' Newly Identified Witnesses 598 Plantiff United States' MOTION for an Order Rejecting the Grant Defendants' Plan for Accessible Routes, Requiring Defendants to Show Cause why an Expert Witness Should not be Appointed by the Court to Prepare a New Plan for Accessible Routes, and Requiring Defendants to Implement Retrofits to Interiors of Units and Common use Areas by United States of America R filed by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (jml, )
November 8, 2005 Filing 607 Grant Defendants Opposition to Motion re 598 Plantiff United States' MOTION for an Order Rejecting the Grant Defendants' Plan for Accessible Routes, Requiring Defendants to Show Cause why an Expert Witness Should not be Appointed by the Court to Prepare a New Plan for Accessible Routes, and Requiring Defendants to Implement Retrofits to Interiors of Units and Common use Areas by United States of America,.. filed by J. Richard Grant, Milton Grant, Richard and Milton Grant Company.(Document placed in separate folder) (jml, )
November 1, 2005 Opinion or Order Filing 606 ORDER granting 604 Motion for Extension of Time to File Response re 598 MOTION for an Order Rejecting the Grant Defendants' Plan for Accessible Routes, Requiring Defendants to Show Cause why an Expert Witness Should not be Appointed by the Court to Prepare a New Plan for Accessible Routes. Responses due by 11/8/2005. Signed by Judge Bernice B. Donald. (jae, )
November 1, 2005 Filing 605 Plantiff United States' MOTION and Memorandum in Support of Motion to Strike the Grant Defendants' Untimely Designatiion of Mark Wales following the United States' Request for a Court-Appointed Expert (dkt #598) or, in the alternative, for Authorization to File a Rebuttal Expert Report and to Depose Defendants' Newly Identified Witnesses 598 Plantiff United States' MOTION for an Order Rejecting the Grant Defendants' Plan for Accessible Routes, Requiring Defendants to Show Cause why an Expert Witness Should not be Appointed by the Court to Prepare a New Plan for Accessible Routes, and Requiring Defendants to Implement Retrofits to Interiors of Units and Common use Areas by United States of America. (jml, )
October 28, 2005 Filing 604 Grant Defendants' Unopposed MOTION for Additiional Enlargment of Time to Respond to Plantiff United States' Motion for an Order Rejecting Grant Defendant's Plan for Accessibile Routes,.. filed by J. Richard Grant, Milton Grant. (jml, )
October 17, 2005 Filing 603 Disclosure of Witnesses With Regard To Remedial Plan by J. Richard Grant, Milton Grant, Richard and Milton Grant Company.(jae, )
October 17, 2005 Opinion or Order Filing 602 ORDER granting 601 Motion for Extension of Time to File Response as to 598 MOTION for an Order Rejecting the Grant Defendants' Plan for Accessible Routes, Requiring Defendants to Show Cause why an Expert Witness Should not be Appointed by the Court to Prepare, Responses due by 11/1/2005. Signed by Judge Bernice B. Donald. (jae, )
October 14, 2005 Filing 601 Grant Defendants' Unopposed MOTION for Enlargement of Time to Respond as to 598 Plantiff United States' MOTION for an Order Rejecting the Grant Defendants' Plan for Accessible Routes, Requiring Defendants to Show Cause why an Expert Witness Should not be Appointed by the Court to Prepare a New Plan for Accessible Routes, and Requiring Defendants to Implement Retrofits to Interiors of Units and Common use Areas by United States of America,.. by J. Richard Grant, Milton Grant, Richard Milton Grant Company. (jml, )
September 30, 2005 Filing 600 Plantiff United states' Disclosure of Witnesses (jml, )
September 30, 2005 Filing 599 Plantiff United States' response to Grant Defendants' Remedial Plan, and MEMORANDUM in Support of re 598 MOTION for an Order Rejecting the Grant Defendants' Plan for Accessible Routes, Requiring Defendants to Show Cause why an Expert Witness Should not be Appointed by the Court to Prepare a New Plan for Accessible Routes, and Requiring Defendants to filed by United States of America. (jml, )
September 30, 2005 Filing 598 Plantiff United States' MOTION for an Order Rejecting the Grant Defendants' Plan for Accessible Routes, Requiring Defendants to Show Cause why an Expert Witness Should not be Appointed by the Court to Prepare a New Plan for Accessible Routes, and Requiring Defendants to Implement Retrofits to Interiors of Units and Common use Areas by United States of America. (jml, )
September 22, 2005 Opinion or Order Filing 597 ORDER granting 596 Plantiff United States' Unopposed MOTION for Enlargment of Time to File a Response to 594 Grant Defendant's Proposed Remedial Plan by J. Richard Grant, Milton Grant . Signed by Judge Bernice B. Donald. (jml, )
September 21, 2005 Filing 596 Plantiff United States' Unopposed MOTION for Enlargment of Time to File a Response to 594 Grant Defendant's Proposed Remedial Plan by J. Richard Grant, Milton Grant (jml, )
August 15, 2005 Filing 595 Re-NOTICE of Deposition by United States of America (jml, )
August 9, 2005 Filing 594 Grant Defendant's Proposed Remedial Plan by J. Richard Grant, Milton Grant (jml, )
August 1, 2005 Opinion or Order Filing 593 ORDER granting re 588 USA's MOTION to Enter Scheduling Order and Memorandum filed by United States of America,, granting 590 MOTION for Leave to File a Supplemental Second Amended Complaint in Intervention filed by United States of America, . Signed by Judge Bernice B. Donald. (jml, )
June 22, 2005 Filing 591 Mail Returned as Undeliverable. Mail (ORDER DENYING IN MOOT OF PLTF'S MOTION FOR RECONSIDERATION) sent to Marcy Dodds (ldc, )
June 22, 2005 Filing 590 UNOPPOSED MOTION FOR LEAVE TO FILE A SUPPLEMENTAL SECOND AMENDED COMPLAINT IN INTERVENTION, MEMORANDUM IN SUPPORT AND CERTIFICATE OF CONSULTATION by United States of America. (ldc, )
June 21, 2005 Filing 592 Mail Returned as Undeliverable. Mail (ORDER DENYING DFT'S MOTION FOR PROTECTIVE ORDER) sent to Marcy Dodds (ldc, )
June 20, 2005 Filing 589 NOTICE OF CHANGE OF FIRM NAME AND ADDRESS FOR THERESA L. KITAY: Coughlin, Kitay & Edelstein, P.C.- 4750 Lincoln Boulevard Suite 483 Marina del Rey, CA 90292 (ldc, )
June 20, 2005 Filing 588 UNOPPOSED MOTION TO ENTER SCHEDULING ORDER AND MEMORANDUM IN SUPPORT by United States of America. (ldc, )
June 14, 2005 Filing 587 NOTICE to Take Deposition of representative of Defendant Richard & Milton Grant Company and its partners J. Richard Grant and Milton Grant on 7/12/05 at 9:30 a.m. by Memphis Center for Independent Living.(jae, )
June 3, 2005 Opinion or Order Filing 586 ORDER GRANTING PLAINTIFF'S SUPPLEMENTAL MOTION FOR ORDER REQUIRING DEFENDANTS TO SUBMIT A FULL REMEDIAL PLAN (dkt.#536) . Signed by Judge Bernice B. Donald. (ldc, )
June 3, 2005 Opinion or Order Filing 585 ORDER DENYING AS MOOT 531 Motion for Reconsideration . Signed by Judge Bernice B. Donald. (ldc, )
June 3, 2005 Opinion or Order Filing 584 ORDER DENYING AS MOOT 524 Motion . Signed by Judge Bernice B. Donald. (ldc, )
May 13, 2005 Opinion or Order Filing 583 ORDER denying 569 Defendants' Motion for Protective Order . Signed by Judge Tu M. Pham. (wbe, )
May 12, 2005 Filing 582 Mail Returned as Undeliverable. (Order Granting Extension of Time for 30 (b)(6) Deposition) Mail sent to Marcy Dodds (ldc, )
May 4, 2005 Filing 581 OPPOSITION OF THE UNITED STATES OF AMERICA TO THE GRANT DEFENDANTS' MOTION FOR PROTECTIVE ORDER filed by United States of America. (ldc, ) Modified on 5/9/2005 (ldc, ). Document placed in separate folder.
May 2, 2005 Filing 580 NOTICE to Take Deposition of Richard and Milton Grant Company of a designated representative or representatives of the Richard and Milton Grant Company, Richard Grand and Milton by United States of America.(ldc, )
April 26, 2005 Filing 578 Mail #577 Returned as Undeliverable/insufficient address. Mail sent to Marcy Dodds (jae, )
April 25, 2005 Opinion or Order Filing 579 ORDER GRANTING EXTENSION OF TIME FOR 30(b)(6)DEPOSITION. Signed by Judge Bernice B. Donald. (ldc, )
April 20, 2005 Opinion or Order Filing 577 ORDER OF REFERENCE: REFERRING MOTION: 569 MOTION for Protective Order filed by J. Richard Grant,, Milton Grant,, Richard and Milton Grant Company, ..for a determination.. Signed by Judge Bernice B. Donald. (ehg, )
April 20, 2005 Filing 576 Certificate of Service by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. re: motion to extend time for 30(b)(6) Deposition(ehg, )
April 20, 2005 Filing 575 CERTIFICATE of Consultation re 573 MOTION to Extend Time for 30(b)(6) Deposition by Theresa L. Kitay on behalf of J. Richard Grant, Milton Grant, Richard and Milton Grant Company (ehg, )
April 20, 2005 Filing 574 MEMORANDUM in Support re 573 MOTION to Extend Time for 30(b)(6) Deposition filed by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (ehg, )
April 20, 2005 Filing 573 Grant Defendants' Unopposed MOTION to Extend Time for 30(b)(6) Deposition by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (ehg, )
April 19, 2005 Filing 572 Certificate of Service by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. re motion for protective order (ehg, )
April 19, 2005 Filing 571 CERTIFICATE of Consultation re 569 MOTION for Protective Order by John I. Houseal, Jr, Jeffery A. Jarratt, Theresa L. Kitay on behalf of J. Richard Grant, Milton Grant, Richard and Milton Grant Company (ehg, )
April 19, 2005 Filing 570 MEMORANDUM in Support re 569 MOTION for Protective Order filed by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. w/attachments(ehg, )
April 19, 2005 Filing 569 MOTION for Protective Order by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. w/sealed document =placed in vault (..that a deposition noticed by the pla US for 4/27/2005 not be had).(ehg, )
March 21, 2005 Opinion or Order Filing 568 CONSENT ORDER AS TO PLAINTIFFS MEMPHIS CENTER FOR INDEPENDENT LIVING and UNITED STATES OF AMERICA and DEFENDANTS MAKOWSKY CONSTRUCTION COMPANY, INC., ARCHEON, INC., REAVES SWEENEY MARCOM, INC., W.H. PORTER & CO., INC., PENN INVESTORS, INC., JAN REALTY, INC., BELZ/SOUTH BLUFFS, INC., MRB-WINDYKE, L.P., MRB-STONEBRIDGE, L.P., and MAKOWSKY RINGEL GREENBERG, LLC.. Signed by Judge Bernice B. Donald. (ehg, )
March 17, 2005 Opinion or Order Filing 567 ORDER GRANTING IN PART AND DENYING IN PART UNITED STATES' MOTION TO COMPEL FINANCIAL DISCOVERY AND TO REOPEN DISCOVERY..granting in part and denying in part 537 Motion to Compel . Signed by Judge Tu M. Pham. (ehg, )
March 11, 2005 Filing 566 SETTING LETTER: Bench Trial set for 6/12/2006 09:00 AM before Bernice B. Donald. Pretrial Conference set for 5/29/2006 08:45 AM before Bernice B. Donald. Proposed Joint Pretrial Order 5/16/2006.(ehg, )
March 3, 2005 Filing 565 Minute Entry for proceedings held before Judge Tu M. Pham : Motion Hearing held on 3/3/2005 re 537 MOTION to Compel filed by United States of America,.Taken under advisement/order to enter. (Court Reporter FTR.) (ehg, )
February 24, 2005 Opinion or Order Filing 564 ORDER GRANTING PARKER, ESTES & ASSOCIATES, INC.'S UNOPPOSED MOTION TO SPECIALLY ADMIT ATTORNEY JOEL E. ROGERS PRO HAC VICE..granting 562 .. Signed by Judge Bernice B. Donald. (ehg, )
February 23, 2005 Filing 563 CERTIFICATE of Consultation re 562 Unopposed MOTION to Specially Admit Attorney Joel E. Roberts Pro Hac Vice on behalf of Parker, Estes & Associates, Inc. (ehg, )
February 23, 2005 Filing 562 Unopposed MOTION to Specially Admit Attorney Joel E. Roberts Pro Hac Vice by Parker, Estes & Associates, Inc.. (ehg, )
February 4, 2005 Opinion or Order Filing 561 ORDER GRANTING DEFENDANT PARKER ESTES & ASSOCIATES, INC.'S 557 MOTION to Continue.Motion To Compel Hearing REset for 3/3/2005 01:30 PM in Courtroom 6 - Memphis before Tu M. Pham. Signed by Judge Tu M. Pham. (jae, )
February 2, 2005 Filing 560 Minute Entry for proceedings held before Judge Bernice B. Donald : Status Conference held on 2/2/2005. The parties stated to the court that the conf is concerning the Makowsky half of the matter. Plas counsel stated that the parties had been in settlement negotiations and plas had submitted a consent order to the dfts, but had not been returned or responded to by the dfts, except one, as of to date. The last stay of the matter expired 9/27/2004 and the case has been idle. Plas request a bar date for the Consent Order to be executed and a schedule to be set in case the matter does not settle -Court granted request. Schedule set as follows: Consent order executed bar date -Wed., 3/18/2005; Fact discovery -6/30/2005; Plas expert discovery 8/31/2005; Dfts expert discovery 10/31/2005; Dispositive motions/sumjgm motions 1/4/2005; Non-jury trial set Mon 6/12/2006 @ 9:00 a.m., 3 wks to try. PTO ddl Mon, 5/16/2006 by 5:00 p.m. Court to set a Pretrial Conf if necessary. (Court Reporter L. Dudley.) (ehg, )
February 2, 2005 Filing 559 SETTING LETTER: Status Conference/MOTION HRG set for 3/3/2005 01:30 PM before Tu M. Pham. re US' Motion to Compel Financial Discovery...(ehg, )
January 31, 2005 Filing 558 CERTIFICATE of Counsel re 557 MOTION to Continue Motion Hearing by Stephen H. Biller, Jeffrey D. Keiner on behalf of Parker, Estes & Associates, Inc. (jae, )
January 31, 2005 Filing 557 MOTION to Continue Motion Hearing (currently set for 2/3/05) by Parker, Estes & Associates, Inc.. (jae, )
January 27, 2005 Opinion or Order Filing 556 ORDER FOR A STATUS CONFERENCE: Status Conference by telephone set for 2/4/2005 11:00 AM before Bernice B. Donald.. Signed by Judge Bernice B. Donald. (ehg, )
January 26, 2005 Filing 555 SETTING LETTER: Status Conference/MOTION HEARING re US' Motion to Compel Financial Discovery and to Reopen Discovery for the Limited Purpose of Discovering Defendants' Net Worth set for 2/3/2005 02:00 PM before Tu M. Pham. (ehg, )
January 7, 2005 Filing 554 REPLY Memorandum In Support of Motion to Compel Financial Discovery and to Reopen Discovery for the Limited Purpose of Discovering Defendants' Net Worth re 537 filed by United States of America. (ehg, )
December 28, 2004 Filing 553 RESPONSE in Opposition re 537 MOTION to Compel Financial Discovery and to Reopen Discovery for the Limited Purpose of Discoverying Defendants' Net Worth filed by Henry Hart, Henry Hart Engineering Company, P.C.. (jae, )
December 28, 2004 Opinion or Order Filing 552 ORDER granting 550 Motion for Leave to File Reply To Defendants' Opposition To Plaintiff's Motion To Compel Financials And To Reopen Discovery For The Limited Purpose Of Discovery As To Each Defendant's Net Worth. Pltf shall have until 1/7/05, or date of this Order, whichever is later, to file its reply memorandum. Signed by Judge Bernice B. Donald. (jae, )
December 27, 2004 Filing 551 CERTIFICATE of Counsel re 550 MOTION for Leave to File Reply to Defendants' Oppostion to plaintiff's motion to compel by Thomas J. Keary on behalf of United States of America (jae, )
December 27, 2004 Filing 550 MOTION for Leave to File Reply To Defendants' Opposition To Plaintiff's Motion To Compel Financial Discovery and To Reopen Discovery For The Limited Purpose of Discoverying Defendants' Net Worth and Memorandum in Support by United States of America. (jae, )
December 27, 2004 Filing 549 RESPONSE in Opposition re 537 MOTION to Compel Financial Discovery and To Reopen Discovery For The Limited Purpose Of Discovering Defendant's Net Worth filed by John R. Gillentine. (jae, )
December 17, 2004 Filing 548 RESPONSE to Motion re 537 United States' MOTION to Compel Financial Discovery and to Reopen Discovery for the Limited Purpose of Discoverying Defendant's Net Worth w/attachments filed by Parker, Estes & Associates, Inc.. (ehg, )
December 17, 2004 Filing 547 RESPONSE in Opposition re 536 United States' Supplemental MOTION for Order Requiring Defendants to Submit a Full, Remedial Plan and Memorandum in Support filed by Parker, Estes & Associates, Inc.. (ehg, )
December 17, 2004 Filing 546 RESPONSE in Opposition to the United States' Motion to Compel Financial Discovery and to Reopen Discovery for the Limited Purpose of Discoverying Defendants' Net Worth re 537 MOTION to Compel filed by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (ehg, )
December 15, 2004 Filing 545 RESPONSE in Opposition re 536 Plaintiff United States' Supplemental MOTION for Order Requiring Defendants to Submit a Full, Remedial Plan filed by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (ehg, )
December 15, 2004 Opinion or Order Filing 544 ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE A RESPONSE TO PLAINTIFF'S MOTOIN TO COMPEL AND MOTION TO REOPEN DISCOVERY AND MOTION REQUIRING DEFENDANTS TO SUMBIT A REMEDIAL PLAN.. re 541 filed by Parker, Estes & Associates, Inc.,..no later than 12/17/2004.. Signed by Judge Bernice B. Donald. (ehg, )
December 15, 2004 Opinion or Order Filing 543 SCHEDULING ORDER..granting 539 , 540 , Motion for entry of scheduling order..this court orders that its 3/25/2004 scheduling order (#500) is vacated w/in 10 days of this court's rulings on pla US' motions to require dfts to submit a full remedial plan and to compel financial discovery and to reopen discovery on dfts' finances, whichever is ruled upon later, plas' counsel will submit a supplemental order setting forth specific dates that track the approx time frames below...Signed by Judge Bernice B. Donald. (ehg, )
December 15, 2004 Opinion or Order Filing 542 ENDORSED ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE A RESPONSE TO PLAINTIFF'S MOTION TO COMPEL AND MOTION TO REOPEN DISCOVERY AND MOTION REQUIRING DEFENANTS TO SUBMIT A REMEDIAL PLAN..granting 541 . Signed by Judge Bernice B. Donald. (ehg, )
December 13, 2004 Filing 541 DEFENDANTS' UNOPPOSED MOTION for Extension of Time to Serve a Response to Plaintiff's Motion to Compel and Motion to Reopen Discovery and Motion Requiring Defendants to Submit a Remedial Plan w/Memorandum in Support by Parker, Estes & Associates, Inc.. (ehg, )
December 6, 2004 Filing 540 Unopposed MOTION for Entry of a Scheduling Order and Memorandum in Support by United States of America. w/Certificate of Consultation (ehg, )
December 6, 2004 Filing 539 Unopposed MOTION for Entry of a Scheduling Order and Memorandum in Support by United States of America. w/Certificate of Consultation (ehg, ) Modified on 12/7/2004 (ehg, ).
November 30, 2004 Opinion or Order Filing 538 ORDER OF REFERENCE: REFERRING 537 MOTION to Compel Financial Discovery and to Reopen Discovery for the Limited Purpose of Discoverying Defendants' Net Worth filed by United States of America, . Signed by Judge Bernice B. Donald. (ehg, )
November 24, 2004 Filing 537 MOTION AND MEMORANDUM IN SUPPORT OF MOTION TO COMPEL FINANCIAL DISCOVERY AND TO REOPEN DISCOVERY FOR THE LIMITED PURPOSE OF DISCOVERYING DEFENDANTS' NEW WORTH w/attachments by United States of America. [document placed in separate folder](ehg, )
November 24, 2004 Filing 536 SUPPLEMENTAL MOTION for Order Requiring Defendants to Submit a Full, Remedial Plan and Memorandum in Support re 524 by United States of America. (ehg, )
November 8, 2004 Filing 535 NOTICE/(information copy) COA ORDER: The petitions for permission to appeal are DENIED. (ehg, )
October 12, 2004 Filing 534 RESPONSE in Opposition re 531 United States' MOTION for Reconsideration of Order Granting Grant Defendants' Motoin for Stay of Proceedings re #529 Order on Motion to Stay, filed by Richard and Milton Grant Company. (ehg, )
October 6, 2004 Filing 533 RESPONSE/Memorandum in Opposition re 526 to Defendant Parker, Estes & Associates' MOTION to Stay filed by United States of America. (ehg, )
October 1, 2004 Filing 532 REPLY MEMORANDUM TO THE GRANT DEFENDANTS' OPPOSITION TO ITS MOTION FOR PARTIAL REMEDIAL PLAN re 524 filed by United States of America. (ehg, )
October 1, 2004 Filing 531 MOTION for Reconsideration of Order Granting Grant Defendants' Motion for Stay of Proceedings re #529 Order on Motion to Stay, by United States of America. w/attached Certificate of Consultation; (ehg, ) Modified on 10/1/2004 (ehg, ).
September 29, 2004 Opinion or Order Filing 530 ORDER..granting 528 Plaintiff United States' Unopposed Motion for Leave to File a Reply to Defendants' Opposition to its Motion for a Partial Remedial Plan . Signed by Judge Bernice B. Donald. (ehg, )
September 28, 2004 Opinion or Order Filing 529 ORDER GRANTING DEFENDANTS RICHARD AND MILTON GRANT CO., J. RICHARD GRANT, AND MILTON C. GRANT'S MOTION TO STAY PROCEEDINGS AND SUSPEND THE RULE 16 SCHEDULING ORDER PENDING THE OUTCOME OF THE INTERLOCUTORY APPEAL.. granting 522 ...The parties shall notify the court of the appellate court's ruling w/in 10 days of the resolution of the pending appeal.. Signed by Judge Bernice B. Donald. (ehg, ) Modified on 3/15/2005, correcting link to motion granted from 529 to 522 (cbs).
September 27, 2004 Filing 528 Unopposed MOTION for Leave to File a Reply to Defendants' Opposition to its Motion for a Partial Remedial Plan by United States of America. (ehg, )
September 23, 2004 Filing 527 RESPONSE IN OPPOSITION TO PLAINTIFF, UNITED STATES' MOTION TO REQUIRE DEFENDANTS SUBMIT A PARTIAL REMEDIAL PLAN re 524 filed by Parker, Estes & Associates, Inc.. (ehg, )
September 23, 2004 Filing 526 MOTION AND MEMORANDUM IN SUPPORT OF MOTION to Stay Proceedings in District Court and Suspend the Rule 16 Scheduling Order Pending the Outcome of the Interlocutory Appeal and Certificate of Consultation by Parker, Estes & Associates, Inc.. (ehg, )
September 23, 2004 Filing 525 RESPONSE IN OPPOSITION to PLAINTIFF UNITED STATES' MOTION TO REQUIRE DEFENDANTS SUBMIT A PARTIAL REMEDIAL PLAN re 524 filed by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (ehg, )
September 7, 2004 Filing 524 MOTION For Order Requiring Defendants To Submit A Partial Remedial Plan and OPPOSITION To The Grant Defendants' Motion To Completely Stay the District Court Proceedings by Plaintiff United States of America. (document placed in separate folder) (jae, )
August 27, 2004 Opinion or Order Filing 523 ORDER FROM 6TH CIRCUIT COURT OF APPEALS: The court having determined that consolidation of 04-0507 and 04-0508 for the purpose of submission is appropriate, It is ordered that the causes be and they hereby are consolidated. (ssh, )
August 20, 2004 Filing 522 MOTION and MEMORANDUM in Support of Motion to Stay Proceedings in District Court and Suspend the Rule 16 Scheduling Order Pending the Outcome of the Interlocutory Appeal and CERTIFICATE OF CONSULTATION, by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (tlh, )
August 13, 2004 Opinion or Order Filing 521 ORDER STAYING THE MAKOWSKY HALF OF THIS CASE FOR SETTLEMENT PURPOSES... Signed by Judge Bernice B. Donald...it is hereby ordered that the Makowsky half of the case shall be stayed for a period of 45 days effective as of the date of this order;..(ehg, )
August 11, 2004 Opinion or Order Filing 520 ORDER AMENDING SUMMARY JUDGMENT ORDER TO PERMIT PETITION FOR INTERLOCUTORY APPEAL..granting 507 , 509 , 514 . Signed by Judge Bernice B. Donald...the Court GRANTS Dfts' motions to certify the Order for immediate appeal on questions one, two, and three. The court hereby amends its previous summary judgment Orders to provide for interlocutory appeal. (ehg, )
July 26, 2004 Filing 519 REPLY MEMORANDUM IN SUPPORT OF GRANT DEFENDANTS' MOTION FOR CERTIFICATION OF ISSUES FOR IMMEDIATE APPEAL re 509 MOTION for Certification for Immediate Appeal Pursuant to 28 USC 1292(b) filed by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (ehg, )
July 15, 2004 Filing 518 RESPONSE in Opposition TO DEFENDANTS' MOTION FOR CERTIFICATION FOR INTERLOCUTORY APPEAL re 507 ..MOTION for Certification for Immediate Appeal Pursuant to 28 USC 1292(b) filed by Memphis Center for Independent Living. (ehg, )
July 14, 2004 Filing 517 Certificate of of Service by Parker, Estes & Associates, Inc.. (ehg, )
July 14, 2004 Filing 516 Amended CERTIFICATE of Consultation re 514 MOTION for Certification for Immediate Appeal Pursuant to 28 USC 1292(b) re 507 by Stephen H. Biller, Jeffrey D. Keiner, Joel E. Roberts on behalf of Parker, Estes & Associates, Inc. (ehg, )
July 14, 2004 Filing 515 MEMORANDUM in Support re 514 AMENDED MOTION for Certification for Immediate Appeal Pursuant to 28 USC 1292(b) re 507 filed by Parker, Estes & Associates, Inc.. (ehg, )
July 14, 2004 Filing 514 AMENDED MOTION for Certification for Immediate Appeal Pursuant to 28 USC 1292(b) re 507 by Parker, Estes & Associates, Inc.. (ehg, )
July 13, 2004 Filing 513 RESPONSE in Opposition to Defendants' Motion for Certification for Interlocutory Appeal re 509 , 507 . filed by United States of America. (ehg, )
June 29, 2004 Opinion or Order Filing 512 ORDER GRANTING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT 455 Motion for Summary Judgment, 459 Motion for Summary Judgment, 464 Motion for Summary Judgment . Signed by Judge Bernice B. Donald. (ehg, )
June 28, 2004 Filing 511 CERTIFICATE of Consultaton re 509 MOTION for Certification for Immediate Appeal Pursuant to 28 USC 1292(b) by John I. Houseal Jr., Jeffery A. Jarratt, Theresa L. Kitay on behalf of J. Richard Grant, Milton Grant, Richard and Milton Grant Company (ehg, )
June 28, 2004 Filing 510 MEMORANDUM in Support re 509 MOTION for Certification for Immediate Appeal Pursuant to 28 USC 1292(b) filed by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (ehg, )
June 28, 2004 Filing 509 MOTION for Certification for Immediate Appeal Pursuant to 28 USC 1292(b) by J. Richard Grant, Milton Grant, Richard and Milton Grant Company. (ehg, )
June 28, 2004 Filing 508 MEMORANDUM in Support re 507 MOTION for Certification for Immediate Appeal Pursuant to 28 USC 1292(b) filed by Parker, Estes & Associates, Inc.. (ehg, )
June 28, 2004 Filing 507 MOTION for Certification for Immediate Appeal Pursuant to 28 USC 1292(b) by Parker, Estes & Associates, Inc.. (ehg, )
June 16, 2004 Filing 506 Minute Entry for proceedings held before Judge Bernice B. Donald : Status Conference held on 6/16/2004. The parties are in settlement negotiations and have put together a proposed consent settlement/order, but orally asked the court for an additional 45 days to complete the language in the order. -Court granted. The parties shall submit a response to the court by 8/15/2004 as to where they are in the case -sither settlement or trial. (Court Reporter Lynn Dudley.) (ehg, )
April 27, 2004 Opinion or Order Filing 505 ORDER GRANTING PARTIAL SUMMARY JUDGMENT FOR THE UNITED STATES by Judge Bernice B. Donald ..court GRANTS the US' motion for sumjgm as to dfts' liability as to 1) the routes from all ground floor units to on-site amenities and public streets, 2) clubhouses, 3) Wyndham mail kiosks, 4) parking at complex amenities, 5) Wyndham doorways, 6) Wyndham thermostats, 7) reinforcements in Wyndham bathroom walls, and 8) wheelchair-accessibility of all ground floor kitchens and bathrooms. A genuine issue of material fact remains as to all other areas. The court DENIES sumjgm on resident parking, visitor parking, and reinforcements in Camden bathroom walls. [413-1] (cc: all counsel) (EHG)
April 14, 2004 Opinion or Order Filing 504 ORDER CONTINUING THE STAY IN THE MAKOWSKY HALF OF THE CASE, SETTING A STATUS CONFERENCE AT THE CONCLUSION OF THE STAY AND STRIKING THE TRIAL DATE by Judge Bernice B. Donald granting motion to continue the stay in the Makowsky half of the case..stayed for a period up to and including 6/11/04; for a status conference at the conclusion of the stay and to strike the trial date [503-1] status conference set 2:00 6/16/04 ; Jury trial date set for 4/26/04 is struck from the court's calendar. (cc: all counsel) (EHG)
April 8, 2004 Filing 503 MOTION by intervenor plaintiff United States, plaintiff Memphis Center, defendant Makowsky Constr, defendant Archeon, Inc, defendant Reaves Sweeney, defendant W.H. Porter and Co., defendant Penn Investors, Inc, defendant JAN Realty, Inc., defendant Belz/South Bluffs, defendant MRB-Stonebridge, defendant MRB Windyke, LP, defendant Makowsky Ringel to continue the stay in the Makowsky half of the case, for a status conference at the conclusion of the stay and to strike the trial date (EHG)
March 29, 2004 Opinion or Order Filing 502 ENDORSED ORDER by Judge Bernice B. Donald GRANTING motion to withdraw/to remove Prineet Sharma, Esq. from all distribution lists and service lists [497-1] attorney Prineet D. Sharma for Parker, Estes & Asso (cc: all counsel) (JAE)
March 29, 2004 Opinion or Order Filing 501 ENDORSED ORDER by Judge Bernice B. Donald GRANTING motion for supplemental authority [495-1] (cc: all counsel) (JAE)
March 25, 2004 Opinion or Order Filing 500 ORDER by Judge Bernice B. Donald re [447-2], re [487-1] (1) The scheduling dates set by the 12/1/03 Order for the joint pre-trial order due on 4/9, the pre-trial conf to be held on 4/19 and the trial date of 5/10.. as hereby VACATED. (2) Plas shall have until 3/26/04 to file a surreply...(cc: all counsel) (EHG)
March 24, 2004 Filing 499 SUR-REPLY MEMORANDUM ON THE GRANT DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT ON LIABILITY by intervenor plaintiff United States to response to motion for summary judgment [413-1] (EHG)
March 23, 2004 Filing 498 CERTIFICATE OF SERVICE by defendant Parker, Estes & Asso re motion to remove Prineet Sharma from all distribution lists.. (EHG)
March 23, 2004 Filing 497 MOTION by defendant Parker, Estes & Asso to withdraw/to remove Prineet Sharma, Esq. from all distribution lists and service lists (EHG)
March 23, 2004 Filing 496 CERTIFICATE OF SERVICE by defendant Parker, Estes & Asso re moton for supplemental authority (EHG)
March 23, 2004 Filing 495 MOTION by defendant Parker, Estes & Asso for supplemental authority ..Parker Estes requests that this court accept as supplemental authority the Grant dfts' motion for summary judgment, reply brief and supporting affidavits. (EHG)
March 17, 2004 Filing 494 MINUTES: ; Status conference held 3/17/04 . The pla, USA, requests leave to file sur-reply and motion to strike in response to affidavits of Grant dfts -Court granted -dfts have 5 days to respond to the motion to strike; pla requests the court to modify the scheduling order -specially the present trial date -Court Granted; trial date stricken; Order to be entered setting forth the new schedule -parties will be allowed 60 days after ruling on sumjgm motions to mediate/settle the matters remaining; plas also requests discovery of the Grant dfts financial position -dfts objects to such request --matter taken under advisement; Court to issue ruling on one of the motions for sumjgm after sur-reply and responses have been filed. Presiding Judge: Donald PLA Atty: M. Barr-Meyers, G. Vanasek, K. Kijewski -via phone, S. Reilly -via phone, J. Worden -via phone DFT Atty: D. Carson, M. Dobbs, M. Herring, J. Richbourg, T. Kitay -via phone, J. Keiner -via phone, J. Roberts -via phone C/R: Lynn Dudley (EHG)
March 5, 2004 Filing 493 CERTIFICATE OF SERVICE by defendant Parker, Estes & Asso re reply to the US' opposition to dfts' motion for sumjgm. (EHG)
March 5, 2004 Filing 492 REPLY by defendant Parker, Estes & Asso to the United States' opposition/response to defendants' motion for summary judgment [459-1] (EHG)
March 5, 2004 Opinion or Order Filing 491 ORDER by Judge Bernice B. Donald granting United States' motion for status conference [483-1] status conference set 4:00 3/17/04 (cc: all counsel) (EHG)
March 5, 2004 Filing 490 AFFIDAVIT of Miles J. Haber re [488-1] (EHG)
March 5, 2004 Filing 489 THIRD AFFIDAVIT of Milton C. Grant re [488-1] (EHG)
March 5, 2004 Filing 488 REPLY by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant to response to motion for summary judgment [455-1] (EHG)
March 5, 2004 Opinion or Order Filing 487 ORDER by Judge Bernice B. Donald granting motion to extend/enlarge time for disclosure and depositions of rebuttal expert(s) [482-1] ..The US shall have until 3/30/04 to disclose its rebuttal experts. Dfts shall have until 4/30/04 to take the depositions of such expert. (cc: all counsel) (EHG)
March 3, 2004 Opinion or Order Filing 486 ORDER by Judge Bernice B. Donald granting Parker, Estes & Associates, Inc.'s unopposed motion for leave to file memorandum of law in response to the United States of America's motoin for summary judgment in excess of 20 pages [484-1] (cc: all counsel) (EHG)
March 2, 2004 Filing 485 CERTIFICATE OF CONSULTATION by defendant Parker, Estes & Asso re unopposed motion for leave to file memorandum of law in response to the USA's motion for sumjgm in excess of 20 pages. (EHG)
March 2, 2004 Filing 484 UNOPPOSED MOTION by defendant Parker, Estes & Asso for leave to file memorandum of law in response to the United States of America's motoin for summary judgment in excess of 20 pages (EHG)
March 1, 2004 Filing 483 UNOPPOSED MOTION by intervenor plaintiff United States for hearing/status conference (EHG)
March 1, 2004 Filing 482 MOTION by intervenor plaintiff United States to extend/enlarge time for disclosure and depositions of rebuttal expert(s) (EHG)
February 20, 2004 Filing 481 REPLY MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT by intervenor plaintiff United States to response to motion for summary judgment [413-1] (document placed in separate folder) (EHG)
February 20, 2004 Opinion or Order Filing 480 ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTIN FOR LEAVE TO FILE REPLY MEMORANDUM IN EXCESS OF 20 PAGES IN SUPPORT OF MOTIN FOR PARTIAL SUMMARY JUDGMENT by Judge Bernice B. Donald granting motion for leave file reply memorandum in excess of 20 pages in support of motion for partial summary judgment [469-1] (cc: all counsel) (EHG)
February 20, 2004 Opinion or Order Filing 479 ORDER WITHDRAWING ORDER OF REFERENCE by Judge Bernice B. Donald withdrawing order [474-1] (cc: all counsel) (EHG)
February 20, 2004 MAIL Returned [37-2] addressed to attorney Kevin Kijewski [note: new address shows in icms (this order dated 11/6/01)] (EHG)
February 19, 2004 Filing 478 RESPONSE/OPPOSITION TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT by intervenor plaintiff United States to motion for summary judgment [455-1], to motion for summary judgment [459-1] w/attachments [document placed in separate folder] (EHG)
February 18, 2004 Opinion or Order Filing 477 ORDER by Judge Bernice B. Donald granting motion an extension of time to respond to discovery [241-2], denying motion in limine to exclude the Report and testimony of Bill Scott as expert witness [355-1], striking motion for protective order [300-1] re [358-1] granting motion re excess pages. (cc: all counsel) (EHG)
February 18, 2004 Opinion or Order Filing 476 ORDER by Judge Bernice B. Donald granting defendants Richard and Milton Grant's motion for leave to file response to United States' motion for summary judgment in excess of 20 pages [449-1] (cc: all counsel) (EHG)
February 18, 2004 Opinion or Order Filing 475 ORDER by Judge Bernice B. Donald granting intervenor United States' motion for leave to file reply memorandum in excess of 20 pages in support of motion for entry of preliminary injunction/to exceed page limitation [358-1] (cc: all counsel) (EHG)
February 18, 2004 Opinion or Order Filing 474 ORDER OF REFERENCE by Judge Bernice B. Donald referring to Mag Judge Tu M. Pham the motion for protective order regarding the US' twenty-third interrogatory and first set of requests for admission filed on 5/2/03 [300-1]..for a Determination. (cc: all counsel) (EHG)
February 12, 2004 Opinion or Order Filing 473 ORDER STAYING THE MAKOWSKY HALF OF THIS CASE FOR SETTLEMENT PURPOSES by Judge Bernice B. Donald ..[472-1]. ..the Makowsky half of the case shall be stayed for a period of 60 days effective as of the date of this Order. (cc: all counsel) (EHG)
February 6, 2004 Filing 472 JOINT MOTION by intervenor plaintiff United States, plaintiff Memphis Center, defendant Makowsky Constr, defendant Archeon, Inc, defendant Reaves Sweeney, defendant W.H. Porter and Co., defendant Penn Investors, Inc, defendant JAN Realty, Inc., defendant Belz/South Bluffs, defendant MRB Windyke, LP, defendant MRB-Stonebridge, defendant Makowsky & Ringel to stay proceedings in the Makowsky case to allow parties to finalize settlement (EHG)
January 28, 2004 Opinion or Order Filing 471 CONSENT ORDER AMENDING THE SCHEDULE ESTABLISHED BY THE COURT'S MAY 30, 2003 AND DECEMBER 17, 2003 ORDERS IN THE MAKOWSKY CASE by Judge Bernice B. Donald : granting motion to amend schedule established by May 30, 2003 and December 17, 2003 orders in the Makowsky case [470-1] sumjgm motions filing ddl set 2/9/04; responses to sumjgm motions 3/10/04; replies to sumjgm motions 3/25/04; plas have until 2/10/04 to take the depositions of dfts Reaves Sweeney Marcom, Inc. and W.H. Port & Co.'s designated experts and disclose their rebuttal experts to same. (cc: all counsel) (EHG)
January 26, 2004 Filing 470 UNOPPOSED MOTION by plaintiff Memphis Center, intervenor plaintiff United States to amend schedule established by May 30, 2003 and December 17, 2003 orders in the Makowsky case ..w/attached Certificate of Consultation (EHG) Modified on 01/27/2004
January 20, 2004 Filing 469 UNOPPOSED MOTION by intervenor plaintiff United States for leave file reply memorandum in excess of 20 pages in support of motion for partial summary judgment w/attached Certificate of Consultation (proposed Reply Memorandum in Support of Its Motion for Summary Judgment placed in separate folder) (EHG)
December 30, 2003 Opinion or Order Filing 468 ORDER by Judge Bernice B. Donald granting plaintiffs motion to amend schedule established by September 25, 2003 order in the Makowsky case [465-1]; pltf have until 1/30/04 to take the depositions of Defendants' Reaves Sweeney Marcom, Inc. and W.H. Prter & Co.'s designated experts and to disclosure their rebuttal experts to the same (cc: all counsel) (CCP)
December 19, 2003 Filing 467 NOTICE OF LAW FIRM NAME CHANGE by defendant Parker, Estes & Asso (EHG)
December 12, 2003 Filing 466 AMENDMED CERTIFICATE OF CONSULTATION TO UNOPPOSED MOTION TO AMEND SCHEDULE TO EXTEND DATE OF DISCLOSURE FILED DECEMBER 11, 2003 by intervenor plaintiff United States to [465-1] (EHG)
December 11, 2003 Filing 465 MOTION by intervenor plaintiff United States to amend schedule established by September 25, 2003 order in the Makowsky case Memorandum in Support and Certificate of Consultation (EHG)
December 5, 2003 Filing 464 MOTION by defendant Henry Hart, defendant Henry Hart Eng Co for summary judgment ..dfts adopt and incorporate the memorandum of law in support of motion for sumjgm, any affidavits and other supporting documents filed by co-defendants. (EHG)
December 5, 2003 Filing 463 CERTIFICATE OF SERVICE by defendant Parker, Estes & Asso re motion for summary jugment , memoranum in support, and response of (EHG)
December 5, 2003 Filing 462 RESPONSE TO PLAINTIFF-INTERVENOR'S STATEMENT OF FACTS THAT ARE AT ISSUE by defendant Parker, Estes & Asso to [416-1] (EHG)
December 5, 2003 Filing 461 MEMORANDUM IN RESPONSE TO UNITED STATES OF AMERICA'S MOTION FOR SUMMARY JUDGMENT by defendant Parker, Estes & Asso to motion for summary judgment [413-1] (EHG)
December 5, 2003 Filing 460 MEMORANDUM by defendant Parker, Estes & Asso in support of motion for summary judgment [459-1] (EHG)
December 5, 2003 Filing 459 MOTION by defendant Parker, Estes & Asso for summary judgment ..against plaintiff, Memphis Center for Independent Living, and plaintiff-intervenor, USA.. (EHG)
December 5, 2003 Filing 458 CERTIFICATE OF SERVICE by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant re motion for sumjgm (EHG)
December 5, 2003 Filing 457 GRANT DEFENDANTS' STATEMENT OF MATERIAL FACTS THAT ARE NOT IN DISPUTE IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant in support of [455-1] (EHG)
December 5, 2003 Filing 456 MEMORANDUM by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant in support of motion for summary judgment [455-1] (EHG)
December 5, 2003 Filing 455 GRANT DEFENDANTS' MOTION by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant for summary judgment (EHG)
December 5, 2003 Filing 454 CERTIFICATE OF SERVICE by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant re Grant Dfts' Opposition and Response to Statement of Facts (EHG)
December 5, 2003 Filing 453 GRANT DEFENDANTS' RESPONSE TO PLAINTIFF-INTERVENOR'S STATEMENT OF FACTS THAT ARE AT ISSUE by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant to [413-1] (EHG)
December 5, 2003 Filing 452 GRANT DEFENDANTS' OPPOSITION/RESPONSE TO PLAINTIFF UNITED STATES' MOTION FOR SUMMARY JUDGMENT w/attachments by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant to motion for summary judgment [413-1] (document placed in separate folder) (EHG)
December 5, 2003 Filing 451 CERTIFICATE OF SERVICE by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant re motion for leave to file response..in excess of 20 pages (EHG)
December 5, 2003 Filing 450 CERTIFICATE OF CONSULTATION ON MOTION FOR LEAVE TO FILE RESPONSE TO UNITED STATES' MOTION FOR SUMMARY JUDGMENT IN EXCESS OF 20 PAGES by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant (EHG)
December 5, 2003 Filing 449 UNOPPOSED MOTION by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant for leave to file response to United States' motion for summary judgment in excess of 20 pages (EHG)
December 5, 2003 Filing 448 NOTICE OF FILING EVIDENCE IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT AND IN RESPONSE TO UNITED STATES' MOTION FOR SUMMARY JUDGMENT by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant (EHG)
December 2, 2003 Opinion or Order Filing 447 ORDER AMENDING PREVIOUS SCHEDULE ESTABLISHED BY OCTOBER 27, 2003 ORDER AND AT STATUS CONFERENCE ON OCTOBER 7, 2003 by Judge Bernice B. Donald pretrial order ddl set 5:00 4/9/04 pretrial conference set 1:30 4/19/04 jury trial set 9:00 5/10/04 (cc: all counsel) (EHG)
November 21, 2003 Filing 446 NOTICE OF FILING OF JOINT AMENDED SCHEDULING ORDER IN GRANT CASE by intervenor plaintiff, plaintiff, defendants (EHG)
November 21, 2003 Filing 445 JOINT MOTION by plaintiff, intervenor plaintiff, defendants to amend schedule established by May 30, 2003 order in the Makowsky case (EHG)
October 28, 2003 Opinion or Order Filing 444 ORDER AMENDING PREVIOUS SCHEDULE ESTABLISHED BY THE COURT AT THE STATUS CONFERENCE ON OCTOBER 7, 2003 by Judge Bernice B. Donald granting motion to amend scheduled [437-1] jury trial set 9:00 5/10/04 (cc: all counsel) (EHG)
October 27, 2003 Opinion or Order Filing 443 ORDER AMENDING PREVIOUS SCHEDULE ESTABLISHED BY THE COURT AT THE STATUS CONFERENCE ON OCTOBER 7, 2003 by Judge Bernice B. Donald granting motion to amend schedule established at status conference [442-1] (cc: all counsel) (EHG)
October 24, 2003 Filing 442 JOINT MOTION by plaintiff, defendants, intervenor plaintiff, third-party plaintiffs, third-party defendants, to amend schedule established at status conference , consultation and memorandum in support of motion (EHG)
October 15, 2003 Filing 441 NOTICE OF FILING/ UNITED STATES EXPERT'S REBUTTAL REPORT by intervenor plaintiff United States [document placed in separate folder] (EHG)
October 15, 2003 Filing 440 NOTICE/ by defendant Reaves Sweeney EXPERT REPORT PURSUANT TO RULE 26(a)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE (EHG)
October 15, 2003 Filing 439 NOTICE/ by defendant W.H. Porter and Co. EXPERT REPORT PURSUANT TO RULE 26(a)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE (EHG)
October 9, 2003 Filing 438 NOTICE OF FILING OF by intervenor plaintiff United States amended scheduling order in Grant case (JAE)
October 9, 2003 Filing 437 MOTION by intervenor plaintiff United States to amend scheduled and memorandum in support (JAE)
October 7, 2003 Filing 436 MINUTES: granting motion for hearing/for case status conference [420-1] motion for summary jgm - pending ; USA oral motion to strike trial date- granted; Oral request by dfts Parker Estes and the Grant dfts for mediation participation; parties will explore the mediation venue; court reset the schedule as follows as to the grant dfts only: pretrial conference set 1:30 1/27/04; pretrial order ddl 1/16/04; jury trial set 9:00 2/17/04 Type of hearing held: Status Conference; Presiding Judge: Donald; PLA Atty: M. Barry-Myers; DFT Atty: P. Sharma, G. Vanasek, T. Kear C/R: L. Dudley (JAE)
October 2, 2003 Opinion or Order Filing 434 ORDER DENYING UNITED STATES' MOTION FOR PRELIMINARY INJUNCTION AND ADMITTING VIDEOTAPE EVIDENCE OF LEO HILL by Judge Bernice B. Donald re [328-1] (cc: all counsel) (EHG)
October 2, 2003 Filing 433 SETTING LETTER : status conference set for 10/6/03 at 1:15 (EHG)
October 1, 2003 Filing 435 NOTICE/PLAINTIFF UNITED STATES EXPERT'S REBUTTAL REPORT by intervenor plaintiff United States w/attachments [document placed in separate folder] (EHG)
September 25, 2003 Opinion or Order Filing 432 ORDER by Mag Judge Tu M. Pham ..Dfts Reaves Sweeney Marcom, Inc., and W.H. Porter & Co. are ordered to produce their experts reports, in full compliance with FRCvP 26(a)(2)(B), and to respond to the US' second set of interrogatories and requests for documents on or before 10/15/03. ..(cc: all counsel) (EHG)
September 24, 2003 Opinion or Order Filing 431 ORDER TO EXTEND DATE OF DISCLOSURE OF A REBUTTAL EXPERT REPORT by Judge Bernice B. Donald ..motion granted. ..Plas allowed up to and including 10/14/03 to disclose the rebuttal expert report of Robert A. Lynch. [430-1] (cc: all counsel) (EHG)
September 23, 2003 Filing 430 MOTION AND MEMORANDUM IN SUPPORT by intervenor plaintiff United States to extend/for enlargement of time to file an expert rebuttal report (to 10/14/03) (EHG) Modified on 09/24/2003
September 11, 2003 Opinion or Order Filing 429 ORDER DENYING DEFENDANT ARCHEON, INC.'S MOTION FOR PROTECTIVE ORDER by Mag Judge Tu M. Pham ..this motion is hereby DENIED as MOOT. [424-1] (cc: all counsel) (EHG)
September 9, 2003 Filing 428 STIPULATED MOTION by intervenor plaintiff United States, defendant Archeon, Inc to withdraw defendant Archeon, Inc.'s motion for protective order ..filed on or about 8/22/03, as being moot.. (EHG)
August 29, 2003 Filing 427 SECOND SUPPLEMENTAL RESPONSES OF DEFENDANT, MAKOWSKY CONSTRUCTION COMPANY, INC., TO INTERROGATORIES PROPOUNDED BY THE UNITED STATES by defendant Makowsky Constr (EHG)
August 26, 2003 Opinion or Order Filing 426 ORDER OF REFERENCE by Judge Bernice B. Donald referring to Mag Judge Tu M. Pham the motion for protective order preventing additional time to depose Jack N. Schaffer [424-1] ..for a Determination. (cc: all counsel) (EHG)
August 26, 2003 Opinion or Order Filing 423 ORDER by Judge Bernice B. Donald granting motion for extension of time to respond to United States' motion for summary judgment [421-1] .. ORDER that any responses to the US Motion for Summary Judgment must be filed no leter than 14 days following entry of the Court's ruling on the pending Motion for preliminary Injunction (cc: all counsel) (JAE)
August 25, 2003 Filing 425 CERTIFICATE OF CONSULTATION ON MOTION FOR PROTECTIVE ORDER BY THE DEFENDANTS, ARCHEON, INC. AND JOHN GILLENTINE by defendant Archeon, Inc (JAE)
August 25, 2003 Filing 424 MOTION by defendant Archeon, Inc for protective order preventing additional time to depose Jack N. Schaffer (JAE)
August 21, 2003 Filing 422 RESPONSE/OPPOSITION OF THE UNITED STATES TO JOINT DEFENDANTS' MOTION FOR EXTENSION OF TIME TO RESPOND TO UNITED STATES' MOTION FOR SUMMARY JUDGMENT by intervenor plaintiff United States to motion for extension of time to respond to United States' motion for summary judgment [421-1] (EHG)
August 21, 2003 Filing 421 JOINT MOTION by defendant Parker, Estes & Asso, defendant Richard and Milton for extension of time to respond to United States' motion for summary judgment w/Memoranum in Support and Certificate of Consultation (EHG)
August 21, 2003 Filing 420 UNOPPOSED JOINT REQUEST/MOTION by defendant Parker, Estes & Asso, defendant Richard and Milton for hearing/for case status conference w/certificate of consultation (EHG)
August 15, 2003 Opinion or Order Filing 419 ORDER TO EXTEND DATE OF DISCLOSURE OF REBUTTAL EXPERT by Judge Bernice B. Donald [418-1]..the USA's motion is hereby GRANTED and the plas are hereby allowed up to and including 9/30/03. (cc: all counsel) (EHG)
August 8, 2003 Filing 418 UNOPPOSED MOTION AND MEMORANDUM IN SUPPORT by intervenor plaintiff United States to extend/for enlargement of time to disclose rebuttal experts and file reports w/Certificate of Consultation (EHG) Modified on 08/11/2003
August 5, 2003 Filing 417 EXHIBITS to PLAINTIFF UNITED STATES' MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT [2-volumes] (Placed in Separate Folder) (EHG)
August 5, 2003 Filing 416 MEMORANDUM by intervenor plaintiff United States in support of motion for summary judgment [413-1] [document placed in separate folder] (EHG)
August 5, 2003 Opinion or Order Filing 415 ORDER GRANTING PLAINITFF'S UNOPPOSED MOTION FOR LEAVE TO FILE MEMORANDUM IN EXCESS OF 20 PAGES IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT by Judge Bernice B. Donald ..1. The US' motion for leave to file memorandum in excess of 20 pages in support of motion for partial summary judgment is GRANTED. [412-1] (cc: all counsel) (EHG)
August 5, 2003 Opinion or Order Filing 414 ORDER GRANTING JOINT DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE SUMMARY JUDGMENT MOTIONS PENDING RULING by Judge Bernice B. Donald granting motion for extension of time to file summary judgment motions pending ruling [406-1] ..any motions for sumjgm must be filed no later than 14 calendar days following entry of the ocurt's ruling ont he pending motion for preliminary injunction. (cc: all counsel) (EHG)
July 31, 2003 Filing 413 MOTION by intervenor plaintiff United States for summary judgment ..1)granting pla's motion for sumjgm as to liability; 2)entering jgm in favor of pla declaring that all dfts violated the FHA; 3)requiring dfts to take corrective actions to eliminate the discriminatory conditions at Wyndham and Camden, w/supplemental briefing on this issue; 4)requiring dfts to publish an appropriate notice to potential victims of their discriminatory practices; and 5)setting a trial on compensatory and punitive damages. (EHG)
July 31, 2003 Filing 412 UNOPPOSED MOTION by intervenor plaintiff United States for leave to file memorandum in excess of 20 pages in support of motion for partial summary judgment [copy handed judge w/attachments] (EHG) Modified on 08/04/2003
July 29, 2003 Opinion or Order Filing 411 ORDER DENYING DEFENDANT MAKOWSKY CONSTRUCTION COMPANY, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFF, MEMPHIS CENTER FOR INDEPENDENT LIVING by Judge Bernice B. Donald ..For the reasons stated herein, the Court finds that plaintiff's FHAA claim is not barred by the statute of limitations. Accordingly, the Court denies defendant's motion for partial summary judgment. [229-1] (cc: all counsel) (EHG)
July 25, 2003 Filing 410 MEMORANDUM by defendant Makowsky Constr in support of motion for partial summary judgment as to plaintiff, Memphis Center for Independent Living [229-1] (EHG)
July 25, 2003 Filing 409 CERTIFICATE OF SERVICE by defendant Richard Milton Grant, defendant J. Richard Grant, defendant Milton Grant, defendant Parker, Estes & Asso (EHG)
July 25, 2003 Filing 408 CERTIFICATE OF CONSULTATION by defendant Richard Milton Grant, defendant J. Richard Grant, defendant Milton Grant, defendant Parker, Estes & Asso re joint motoin for extension of time to file summary judgment motoins pending ruling (EHG)
July 25, 2003 Filing 407 MEMORANDUM by defendant Richard Milton Grant, defendant J. Richard Grant, defendant Milton Grant, defendant Parker, Estes & Asso in support of motion for extension of time to file summary judgment motions pending ruling [406-1] (EHG)
July 25, 2003 Filing 406 JOINT MOTION by defendant Richard Milton Grant, defendant J. Richard Grant, defendant Milton Grant, defendant Parker, Estes & Asso for extension of time to file summary judgment motions pending ruling (EHG)
July 24, 2003 Opinion or Order Filing 405 ORDER GRANTING UNOPPOSED MOTION OF DEFENDANT, PARKER, ESTES & ASSOCIATES, INC., FOR EXTENSION OF TIME by Judge Bernice B. Donald granting motion for extension of time to respond to plaintiff-intervenor's objections to magistrate's May 30, 2003 amended order granting defendants' motions for protective order [385-1] ..said defendant shall have until 7/1/03 to file its response. (cc: all counsel) (EHG)
July 24, 2003 Opinion or Order Filing 404 ORDER DENYING UNITED STATES' MOTION FOR ENTRY OF A PRELIMINARY INJUNCTION AS TO DEFENDANT PARKER, ESTES & ASSOCIATES, INC. by Judge Bernice B. Donald ..motion for entry of a preliminary injunction DENIED.. [328-1] (cc: all counsel) (EHG)
July 24, 2003 Opinion or Order Filing 403 ORDER DENYING DEFENDANTS PENN INVESTORS, INC.; JAN REALTY, INC.; BELZ/SOUTH BLUFFS, INC.; MAKOWSKY RINGEL GREENBERG, LLC; MRB-STONEBRIDGE, LP; AND MRB-WINDYKE, LP'S MOTION FOR PARTIAL SUMMARY JUDGMENT by Judge Bernice B. Donald ..For the reasons stated herein, the Court finds that Plaintiff's FHAA claim is not barred by the statute of limitations. Accordingly, the Court denies Defendants' motion for partial summary judgment. [226-1] (cc: all counsel) (EHG)
July 18, 2003 Opinion or Order Filing 402 ORDER OF SPECIAL ADMISSION by Judge Bernice B. Donald granting motion for attorney Susan Buckingham Reilly to appear pro hac vice for the United States.. [398-1] (cc: all counsel) (EHG)
July 18, 2003 Opinion or Order Filing 401 AMENDED SCHEDULING ORDER FOR FILING OF A PRELIMINARY INJUNCTION IN THE GRANT CASE by Judge Bernice B. Donald granting motion for extension of the filing date for summary judgment motions, responses to summary judgment motions and replies to responses to summary judgment motions in the Grant Case, proposed scheduling Order, Memorandum in support and Certificate of Consultation [394-1] ..sumjgm motions filed 7/31/03, responses to sumjgm motions filed 8/29/03, replies to sumjgm motions filed 9/15/03; pretrial order ddl 5:00 10/14/03 pretrial conference set 1:30 10/20/03 jury trial set 8:45 11/3/03 (cc: all counsel) (EHG)
July 17, 2003 Opinion or Order Filing 400 ORDER DISMISSING ACTION AGAINST DEFENDANTS JACK BELZ D/B/A BELZ ENTERPRISES, RONALD BELZ D/B/A BELZ ENTERPRISES, AND JEROME HANOVER D/B/A BELZ ENTERPRISES by Judge Bernice B. Donald granting motion to dismiss its action against Jack A. Belz, d/b/a Belz Enterprises, Ronald A. Belz, d/b/a Belz Enterprises and Jerome H. Hanover, d/b/a Belz Enterprises [377-1], granting motion to dismiss action against Jack kA. Belz, d/b/a Belz Enterprises, Ronald A. Belz, d/b/a Belz Enterprises and Jerome H. Hanover, d/b/a Belz Enterprises [381-1] dismissing party Jerome H. Hanover, party Ronald A. Belz, party Jack A. Belz (cc: all counsel) (EHG)
July 17, 2003 Opinion or Order Filing 399 ORDER DENYING AS MOOT DEFENDANTS JACK BELZ D/B/A BELZ ENTERPRISES, RONALD BELZ D/B/A BELZ ENTERPRISES, AND JEROME HANOVER D/B/A BELZ ENTERPRISES' MOTION FOR SUMMARY JDUGMENT by Judge Bernice B. Donald finding the motion for summary judgment [223-1] moot. (cc: all counsel) (EHG)
July 17, 2003 Filing 398 MOTION FOR SPECIAL ADMISSION AND PERMISSION TO PARTICIPATE PRO HAC VICE AS ATTORNEY IN THIS CASE by intervenor plaintiff United States for attorney Susan Buckingham Reilly to appear pro hac vice (EHG)
July 15, 2003 Filing 397 SUR-REPLY by plaintiff Memphis Center to Reply of Defendants Penn Investors, Inc., Jan Realty, Inc., Belz/South Bluffs, Inc., Makowsky Ringel Greenberg, LLC, MRB-Stonebridge, LP, and MRB-Windyke, LP to plainitff's response in opposition to defendants' motion for partial summary judgment re [226-1] (EHG)
July 15, 2003 Filing 396 DEFENDANTS' DISCLOSURE OF EXPERT TESTIMONAY/RULE 26 Disclosures by Makowsky Constr, Penn Investors, Inc, JAN Realty, Inc., Belz/South Bluffs, MRB Windyke, LP, MRB-Stonebridge, Makowsky Ringel (EHG)
July 9, 2003 Filing 395 REPLY Memorandum in support of motion for partial summary judgment as to plaintiff by defendants Penn Investors, Inc, JAN Realty, Inc., Belz/South Bluffs, Makowsky Ringel, MRB-Stonebridge, MRB Windyke, LP [363-1] (BAG)
July 9, 2003 Filing 394 STIPULATED MOTION by intervenor plaintiff United States for extension of the filing date for summary judgment motions, responses to summary judgment motions and replies to responses to summary judgment motions in the Grant Case, proposed scheduling Order, Memorandum in support and Certificate of Consultation (BAG)
July 8, 2003 Filing 393 POST-HEARING BRIEF FILED by intervenor plaintiff United States (BAG)
July 8, 2003 Opinion or Order Filing 392 ORDER Granting Plaintiff's Unopposed Motion For Leave To File Post-Hearing Brief In Support Of Its Motion For A Preliminary Injunction That Exceeds 20 Pages In Support Of Motion For Entry Of Preliminary Injunction by Judge Bernice B. Donald granting motion for leave to file post-haring brief in support of its motin for a preliminary injunction that exceeds 20 pages [389-1]; It is ORDERED that pursuan tto LR 7.2, pla's post-hearing brief in support of its motion for preliminary injunction is hereby filed (cc: all counsel) (BAG)
July 3, 2003 Filing 391 MEMORANDUM IN SUPPORT OF DEFENDANT MAKOWSKY CONSTRUCTION COMPANY, INC'S REPLY TO MEMPHIS CENTER FOR INDEPENDENT LIVING'S RESPONSE IN OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENTby defendant Makowsky Constr in support of reply [390-1] w/attachment (EHG)
July 3, 2003 Filing 390 REPLY/MOTION IN SUPPORT OF DEFENDANTMAKOWSKY CONSTRUCTION CO, INC'S REPLY TO MEMPHIS CENTER FOR INDEPENDENT LIVING'S RESPONSE IN OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT by defendant Makowsky Constr to response to motion for partial summary judgment as to plaintiff, Memphis Center for Independent Living [229-1] (EHG)
July 2, 2003 Filing 389 MOTION by intervenor plaintiff United States for leave to file post-haring brief in support of its motin for a preliminary injunction that exceeds 20 pages (ch Judge w/attachments) (EHG)
June 30, 2003 Filing 388 RESPONSE by defendant Archeon, Inc to Plaintiff's Objections to Magistrate's June 2, 2003 Amended Order Granting Defendant Motion for Protective Order [335-1] (EHG)
June 30, 2003 Filing 387 CERTIFICATE OF SERVICE by defendant Parker, Estes & Asso (EHG)
June 30, 2003 Filing 386 CERTIFICATE OF CONSULTATION by defendant Parker, Estes & Asso re Motion for extension of time to resond to plaintiff-intervenor's objections to magistrate's 5/30/03 amended order (EHG)
June 30, 2003 Filing 385 MOTION by defendant Parker, Estes & Asso for extension of time to respond to plaintiff-intervenor's objections to magistrate's May 30, 2003 amended order granting defendants' motions for protective order (EHG)
June 30, 2003 Filing 384 RESPONSE TO MOTION FOR PARTIAL SUMMARY JUDGMENT OF JACK A. BELZ D/B/A BELZ ENTERPRISES, RONALD A BELZ D/B/A BELZ ENTERPRISES, AND JEROME H. HANOVER D/B/A BELZ ENTERPRISES by plaintiff Memphis Center to motion for partial summary judgment as to plaintiff Memphis Center for Independent Living [226-1] (EHG)
June 30, 2003 Filing 383 CERTIFICATE OF CONSULTATION OF COUNSEL CONCERNING MOTION TO DISMISS INDIVIDUAL BELZ ENTITY DEFENDANTS by plaintiff Memphis Center (EHG)
June 30, 2003 Filing 382 MEMORANDUM by plaintiff Memphis Center in support of motion to dismiss action against Jack kA. Belz, d/b/a Belz Enterprises, Ronald A. Belz, d/b/a Belz Enterprises and Jerome H. Hanover, d/b/a Belz Enterprises [381-1] (EHG)
June 30, 2003 Filing 381 MOTION by plaintiff Memphis Center to dismiss action against Jack kA. Belz, d/b/a Belz Enterprises, Ronald A. Belz, d/b/a Belz Enterprises and Jerome H. Hanover, d/b/a Belz Enterprises (EHG)
June 30, 2003 Filing 380 EXHIBIT AND WITNESS list [for hearing held 6/16/03 to 6/18/03] (EHG)
June 30, 2003 Filing 379 RESPONSE/OPPOSITION by intervenor plaintiff United States to motion for summary judgment of individual Belz defendants [223-1] (EHG)
June 30, 2003 Filing 378 MEMORANDUM by intervenor plaintiff United States in support of motion to dismiss its action against Jack A. Belz, d/b/a Belz Enterprises, Ronald A. Belz, d/b/a Belz Enterprises and Jerome H. Hanover, d/b/a Belz Enterprises [377-1] and CERTIFICATE OF CONSULTATION (EHG)
June 30, 2003 Filing 377 UNOPPOSED MOTION by intervenor plaintiff United States to dismiss its action against Jack A. Belz, d/b/a Belz Enterprises, Ronald A. Belz, d/b/a Belz Enterprises and Jerome H. Hanover, d/b/a Belz Enterprises (EHG)
June 30, 2003 Filing 376 RESPONSE/CLOSING ARGUMENT OF DEFENDANTS J. RICHARD GRANT, MILTON GRANT, AND THE RICHARD AND MILTON GRANT CO. THE UNITED STATES HAS FAILED TO DEMONSTRATE A NEED FOR THE EXTRAORDINARY REMEDY OF A PRELIMINARY INJUNCTION [328-1] (EHG)
June 26, 2003 Opinion or Order Filing 375 ORDER GRANTING DEFENDANT, MAKOWSKY CONSTRUCTION COMPANY, IHNC., MOTION FOR AN EXTENSION OF TIME TO REPLY TO RESONSE IN OPPOSITION TO MOTOIN FOR PARTIAL SUMMARY JUDGMENT FILED BY MEMPHIS CENTER FOR INDEPENDENT LIVING by Judge Bernice B. Donald [371-1] ..to 7/3/03.(cc: all counsel) (EHG) Modified on 06/27/2003
June 26, 2003 Opinion or Order Filing 374 ORDER GRANTING DEFENDANTS MOTION FOR EXTENSION OF TIME TO RELY TO PLAINTIFF'S OPPOSITOIN TO MOTIONS FOR SUMMARY JUDGMENT by Judge Bernice B. Donald [369-1] ..to 7/9/03(cc: all counsel) (EHG) Modified on 06/27/2003
June 26, 2003 Opinion or Order Filing 373 ORDER UPHOLDING MAGISTRATE JUDGE'S JUNE 2, 2003 AMENDED ORDER GRANTING DEFENDANTS' MOTIONS FOR PROTECTIVE ORDERS by Judge Bernice B. Donald re [333-1] (cc: all counsel) (EHG)
June 25, 2003 Filing 372 CERTIFICATE OF CONSULTATION AMONG COUNSEL by defendant Makowsky Constr re motion for extension of time to reply (EHG)
June 25, 2003 Filing 371 MOTION by defendant Makowsky Constr for an extension of time to reply to response in opposition to motion for partial summary judgment filed by Memphis Center for Independent Living (EHG)
June 25, 2003 Filing 370 CERTIFICATE OF CONSULTATION by defendants re motion for extension of time to reply to plaintiff's opposition to motions for sumjgm (EHG)
June 25, 2003 Filing 369 UNOPPOSED MOTION by defendants for extension of time to reply to plaintiff's opposition to motions for summary judgment (EHG) Modified on 06/27/2003
June 25, 2003 Opinion or Order Filing 368 ORDER GRANTING REQUEST FOR EXTENSION OF TIME by Judge Bernice B. Donald granting defendants Reaves Sweeney Marcom, Inc. and W.H. Porter & Co., Inc., motion for extension of time to respond to plaintiff-intervenor's objections to Magistrate's May 30, 2003 amended order [365-1] ..the extension is GRANTED, and dfts have up to and including 6/30/03 to timely file their response. (cc: all counsel) (EHG)
June 24, 2003 Filing 367 RESPONSE by defendant Henry Hart, defendant Henry Hart Eng Co to [335-1] to Plaintiff's Objections to Magistrate's June 2, 2003 Amended Order Granting Defendants' Motion for Protective Order (EHG)
June 23, 2003 Filing 366 CERTIFICATE OF CONSULTATION by defendant Reaves Sweeney, defendant W.H. Porter and Co. re motion for extension of time to respond to plaintiff-intervenor's objections to magistrate's May 30, 2003 amended order (EHG)
June 23, 2003 Filing 365 UNOPPOSED MOTION by defendant Reaves Sweeney, defendant W.H. Porter and Co. for extension of time to respond to plaintiff-intervenor's objections to Magistrate's May 30, 2003 amended order (EHG)
June 20, 2003 Filing 364 RESPONSE TO PLAINTIFF, UNITED STATES' OBJECTIONS TO MAGISTRATE'S JUNE 2, 2003 AMENDED ORDER GRANTING DEFENDANTS' MOTION FOR PROTECTIVE ORDERS by defendant Makowsky Constr to [335-1] w/attachments [document placed in separate folder] (EHG)
June 18, 2003 Filing 363 MEMORANDUM by plaintiff Memphis Center in opposition to motion for partial summary judgment filed by defendant Makowsky Construction Company [229-1] w/Exhibits [EXHIBITS placed in separate folder] (EHG)
June 18, 2003 Filing 362 RESPONSE IN OPPOSITION by plaintiff Memphis Center to motion for partial summary judgment filed by defendant Makowsky Construction Company, Inc. as to plaintiff, Memphis Center for Independent Living [229-1] (EHG)
June 18, 2003 Filing 361 MINUTES: Motion hearing held 6/18/03. Motion for injunctive releif, #328, filed by plaintiffs. Taken under advisement/order to senter. Renewed oral motion to dismiss motion for injunctive relief by the Grant dfts. Parties may submit any additional briefs w/in 10 days. Presiding Judge: Donald PLA Atty: J. Worden, K. Kijewski DFT Atty: J. Jarratt, T. Kitay, P. Sharm C/R: Lynn Dudley (EHG) Modified on 06/20/2003
June 17, 2003 Filing 359 MINUTES: Motion hearing 6/17/03 re Motion for Injunctive Relief #328. Pla's proof: William Hecker -continued testimony; pla rests at 5:06 p.m. Oral Motion to dismiss motion for preliminary injunction relief by dfts Grant & Parker Estes. Court ruled to reserve the ruling on the oral motion for dismissal of motion for injunctive relief until the court has heard all proof as to the Grant dfts; court granted the motion for injunctive relief #238 as to dft Parker Estes only. matter to continue tomorrow, 6/18/03 @ 8:45 a.m. Presiding Judge: Donald PLA Atty: W. Brewer, T. Keary, J. Worden, K. Kijewski DFT Atty: J. Jarratt, J. Keiner, T. Kitay, P. Sharma Kita C/R: Lynn Dudley (EHG)
June 16, 2003 Filing 360 MINUTES: Motion for Injunctive Relief, #328, filed by plaintiffs. See exh/witness list. Court heard opening statements of the parties on the Camden Grove Properties. Pla's proof: William Heckler. Matter to continue tomorrow, 6/17/03 @ 10:00 a.m. Presiding Judge: Donald PLA Atty: W. Brewer, T. Keary, J. Warden, H. Halmon, K. Kijewski DFT Atty: J. Jarratt, J. Keiner, T. Kitay, P. Sharma C/R: Lynn Dudley (EHG)
June 16, 2003 Filing 358 MOTION by intervenor plaintiff United States for leave to file reply memorandum in excess of 20 pages in support of motion for entry of preliminary injunction/to exceed page limitation w/Certificate of Consultation (EHG)
June 16, 2003 Filing 357 NOTICE OF FILING: PLAINTIFF UNITED STATES EXPERT'S REBUTTAL REPORT by intervenor plaintiff United States (EHG)
June 13, 2003 Filing 356 MEMORANDUM by intervenor plaintiff United States in support of motion in limine to exclude the Report and testimony of Bill Scott as expert witness [355-1] (document placed in separate folder) (EHG)
June 13, 2003 Filing 355 MOTION by intervenor plaintiff United States in limine to exclude the Report and testimony of Bill Scott as expert witness (EHG)
June 13, 2003 Filing 354 RESPONSE/MEMORANDUM IN OPPOSITION by defendant Parker, Estes & Asso to United States of America's motion for entry of a preliminary injunction [328-1] w/attachments [document placed in separate folder] (EHG) Modified on 06/17/2003
June 13, 2003 Opinion or Order Filing 353 ORDER GRANTING UNOPPOSED JOINT MOTION OF DEFENDANTS, PARKER, ESTES & ASSOCIATES, INC., RICHARD AND MILTON GRANT COMPANY, J. RICHARD GRANT, AND MILTON GRANT, FOR LEAVE TO FILE OPPOSITION BRIEFS IN EXCESS OF 20 PAGES by Mag Judge Tu M. Pham [348-1] (cc: all counsel) (EHG)
June 13, 2003 Opinion or Order Filing 352 ORDER GRANTING DEFENDANTS RICHARD AND MILTON GRANT COMPANY, J. RICHARD GRANT, AND MILTON GRANT'S UNOPPOSED MOTION FOR LEAVE TO FILE A MEMORANDUM IN OPPOSITION TO PLAINITFF'S MOTION FOR ENTRY OF PRELIMINARY INJUNCTION IN EXCESS OF 20 PAGES by Mag Judge Tu M. Pham [338-1] (cc: all counsel) (EHG)
June 12, 2003 Opinion or Order Filing 351 ORDER GRANTING UNOPPOSED JOINT MOTION OF DEFENDANTS, PARKER, ESTES & ASSOCIATES, INC., RICHARD AND MILTON GRANT COMPANY, RICHARD GRANT AND MILTON GRANT, FOR LEAVE TO FILE OPPOSITION BRIEFS IN EXCESS OF 20 PAGES by Judge Bernice B. Donald granting motion for leave to file opposition briefs in excess of 20 pages [348-1] (cc: all counsel) (EHG)
June 11, 2003 Filing 350 CERTIFICATE OF SERVICE by defendant Parker, Estes & Asso, defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant (EHG)
June 11, 2003 Filing 349 CERTIFICATE OF CONSULTATION by defendant Parker, Estes & Asso, defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant re unopposed joint motion for leave to file opposition briefs in excess of 20 pages (EHG)
June 11, 2003 Filing 348 UNOPPOSED JOINT MOTION by defendant Parker, Estes & Asso, defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant for leave to file opposition briefs in excess of 20 pages ..re response to the US' motion for entry of preliminary injunction (EHG)
June 11, 2003 Filing 347 DEPOSITION of J. Richard Grant taken on the following date(s): 4/24/03 [document placed in separate folder] (EHG)
June 11, 2003 Filing 346 DEPOSITION of Milton C. Grant taken on the following date(s): 4/22/03 [document placed in separate folder] (EHG)
June 11, 2003 Filing 345 DEPOSITION of Milton C. Grant taken on the following date(s): 10/2/02 [document placed in separate folder] (EHG)
June 11, 2003 Filing 344 DEPOSITION of Milton C. Grant taken on the following date(s): 9/26/02 [document placed in separate folder] (EHG)
June 11, 2003 Filing 343 NOTICE OF FILING DEPOSITIONS by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant (EHG) Modified on 06/12/2003
June 11, 2003 Filing 342 AFFIDAVIT of Don Bowsher w/attached VHS videotape [videotape placed in separate folder] (EHG) Modified on 06/12/2003
June 11, 2003 Filing 341 AFFIDAVIT of Bill Scott (EHG)
June 11, 2003 Filing 340 AFFIDAVIT of Milton C. Grant (EHG)
June 11, 2003 Filing 339 AFFIDAVIT of Leo P. Hill (EHG)
June 11, 2003 Filing 338 MOTION by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant for leave to file a memorandum in opposition to plaintiff United States' motion for entry of preliminary injunction in excess of twenty pages and Certificate of Consultation regarding same (EHG)
June 11, 2003 Filing 337 MEMORANDUM IN OPPOSITION TO MOTION FOR PARTIAL SUMMARY JUDGMENT FILED BY DEFENANT PENN INVESTORS, INC., JAN REALTY, INC., BELZ/SOUTH BLUFFS, INC., JACK BELZ d/b/a BELZ ENTERPRISES, RONALD A. BELZ d/b/a BELZ ENTERPRISES, JEROME HANOVER d/b/a BELZ ENTERPRISES, MAKOWSKY RINGEL GREENBERG, LLC, MRB-STONEBRIDGE, LP, AND MRB-WINDYKE, LP by plaintiff Memphis Center [226-1] w/attached Exhibits A thru F [Exhibits placed in Separate folder] (EHG) Modified on 06/12/2003
June 11, 2003 Filing 336 RESPONSE IN OPPOSITION by plaintiff Memphis Center to motion for partial summary judgment filed by defendant Penn Investors, Inc., Jan Realty, Inc., Belz/South Bluffs, Inc., Jack Belz d/b/a Belz Enterprises, Ronald A. Belz d/b/a Belz Enterprises, Jerome Hanover d/b/a Belz Enterprises, Makowsky Ringel Greenberg, LLC, MRB-Stonebridge, LP, and MRB-Windyke, LP [226-1] (EHG)
June 10, 2003 Filing 335 OBJECTIONS TO MAGISTRATE'S JUNE 2, 2003 AMENDED ORDER GRANTING DEFENDANTS' MOTION FOR PROTECTIVE ORDERS by intervenor plaintiff United States to [333-1] [document placed in separate folder] (EHG)
May 30, 2003 Opinion or Order Filing 333 AMENDED ORDER GRANTING DEFENDANTS' MOTONS FOR PROTECTIVE ORDERS by Mag Judge Tu M. Pham re [317-1] (cc: all counsel) (EHG)
May 30, 2003 Opinion or Order Filing 332 AMENDED SCHEDULING ORDER by Mag Judge Tu M. Pham granting motion for a new scheduling order, [283-1] ..in the matter of Mphs Ctr for Ind Living and the US v. J. Richard and Milton Grant Co., the trial date shall remain 11/3/03 @ 8:45 a.m., joint pretrial order 10/14/03 by 5:00 p.m. pre-trial conf 10/20/03 @ 1:30 p.m.; ..in the mater of Mphs Ctr for Ind Living and the US v. Makowsky Constr Co.. joint pretrial order 4/5/04 by 5:00 p.m., pretrial conf 4/12/04 @ 1:30 p.m., trial 4/26/04 @ 9:00 a.m. (cc: all counsel) (EHG)
May 29, 2003 Opinion or Order Filing 334 MINUTES: ; scheduling conf held 5/29/03 as to dft Makowsky Constr Co. ddl disclosure of dft's experts 7/15/03; trial date 4/26/04 @ 9:00 a.m. Amended scheduling order to be entered by Mag Judge Pham. Presiding Judge: Pham PLA Atty: Thomas Keary DFT Atty: Marcy L. Dodds, Robert L Moore C/R: FTR (EHG)
May 29, 2003 Filing 331 MEMORANDUM by intervenor plaintiff United States in support of motion for entry of a preliminary injunction [328-1] w/attachments [document placed in separate folder] (EHG)
May 29, 2003 Opinion or Order Filing 330 ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE MEMORANDUM IN EXCESS OF 20 PAGES IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION by Judge Bernice B. Donald granting motion for leave to file memorandum in excess of 20 pages in support of motion for entry of preliminary injunction [329-1] (cc: all counsel) (EHG)
May 27, 2003 Filing 329 MOTION by intervenor plaintiff United States for leave to file memorandum in excess of 20 pages in support of motion for entry of preliminary injunction (EHG)
May 27, 2003 Filing 328 MOTION by intervenor plaintiff United States for entry of a preliminary injunction (EHG)
May 27, 2003 Opinion or Order Filing 327 ORDER GRANTING EXTENSION OF TIME by Judge Bernice B. Donald granting plaintiff's motion for extension of time [320-1] ..to 6/18/03, to respond to said motion. (cc: all counsel) (EHG)
May 27, 2003 Opinion or Order Filing 326 ORDER GRANTING EXTENSION OF TIME by Judge Bernice B. Donald granting plaintiff's motion for extension of time [323-1] ..to 6/11/03 to respond to said motion. (cc: all counsel) (EHG)
May 23, 2003 Filing 325 CERTIFICATE OF CONSULTATION OF COUNSEL CONCERNING MOTION FOR EXTENSION OF TIME by plaintiff Memphis Center (EHG)
May 23, 2003 Filing 324 MEMORANDUM by plaintiff Memphis Center in support of motion to extend plaintiff's time to respond to motion for summary judgment [323-1] (EHG)
May 23, 2003 Filing 323 MOTION by plaintiff Memphis Center for extension of time ..to orespond to the motion for partial summary judgment filed by defendants Penn Investors, Inc., Jan Realty, Inc., Belz/South Bluffs, Inc., Jack Belz d/b/a Belz Enterprises, Ronald A. Belz d/b/a Belz Enterprises, Jerome hanover d/b/a Belz Enterprises, Makowsky Ringel Greenberg, LLC, MRB-Stonebridge, LP, and MRB-Windyke, LP. (EHG)
May 23, 2003 Filing 322 CERTIFICATE OF CONSULTATION OF COUNSEL CONCERNING MOTION FOR EXTENSION OF TIME by plaintiff Memphis Center, intervenor plaintiff United States ..re motion to extend plaintiff's time to respond to motion for partial summary judgment (EHG)
May 23, 2003 Filing 321 MEMORANDUM by plaintiff Memphis Center, intervenor plaintiff United States in support of motion to extend plaintiffs' time to respond to motion for partial summary judgment [320-1] (EHG)
May 23, 2003 Filing 320 MOTION by plaintiff Memphis Center, intervenor plaintiff United States for extension of time ..within which to respond to the motion for partial summary judgment filed by dft Makowsky Constr Co., Inc. (EHG)
May 23, 2003 Opinion or Order Filing 319 ORDER DENYING DEFENDANT W.H. PORTER & COMPANY'S MOTION FOR SEPARATE TRIALS by Mag Judge Tu M. Pham [262-1]. ..Accordingly, for the foregoing reasons, defendant W.H. Porter & Company's motion for separate trials is DENIED. (cc: all counsel) (EHG)
May 23, 2003 Opinion or Order Filing 318 ORDER SETTING HEARING by Mag Judge Tu M. Pham : Upon motion of plaintiff-invervenor USA for a hearing on Plaintiff's motion for a new scheduling order, hearing on the Motoin shall be conducted on Thursday 5/29/03 @ 10:00 a.m. (cc: all counsel) (EHG)
May 23, 2003 Opinion or Order Filing 317 ORDER GRANTING DEFENDANTS' MOTIONS FOR PROTECTIVE ORDERS by Mag Judge Tu M. Pham granting motion for protective order quashing discovery [241-1], granting motion for protective order [243-1], granting motion for protective order [248-1], granting motion for protective order [254-1], granting motion for protective order and Memorandum of law in support [268-1], granting motion for protective order [280-1], granting motion for protective order [288-1], granting motion for protective order [291-1] (cc: all counsel) (EHG)
May 22, 2003 Opinion or Order Filing 316 ORDER TRANSFERRING CASE by Mag Judge James H. Allen : The clerk is directed to take the appropriate action to reassign the magistrate designation for this case to Magistrate Judge Tu M. Pham for all pending and future references. (cc: all counsel) (EHG)
May 19, 2003 Filing 313 NOTICE by intervenor plaintiff United States of taking deposition of a designated rep(s) of Makowsky Constr Co, Reaves Sweeney Marcom, W.H. Porter & Co., Penn Invest, Inc., Jan Realty, Inc., Belz/South Bluffs, Jack A. Belz, Ronald A. Belz, Jerome Hanover, MRB Windyke, and MRB Stonebridge on 5/28/03 @ 9:30 a.m. (EHG)
May 16, 2003 Opinion or Order Filing 314 ORDER GRANTING EXTENSION OF TIME by Mag Judge Tu M. Pham granting motion for extension of the filing date on a preliminary injunction motion in the Grant case, [307-1] ddl for filing a motion for Preliminary Injunction is 5/27/03. Opposition briefs are due 6/11/03.(cc: all counsel) (PWM)
May 15, 2003 Filing 315 MINUTES: Type of hearing held: Motion Hearing - Motion for extension of filing date granted on a preliminary injunction; The Court's scheduling order is modified in the Grant case as followes; filing a motion for Prelimnary Injunction 5/27/03; Oppositoin brief due 6/11/03. Presiding Judge: T. Pham PLA Atty: T. Keary, & J. Warden DFT Atty: T. Kitay, P. Sharma (via phone) J. Keiner (via phone) C/R: J. Hurd (PWM)
May 14, 2003 Filing 312 RESPONSE by defendant Richard and Milton, defendant J. Richard Grant, defendant Milton Grant to motion for extension of the filing date on a preliminary injunction motion in the Grant case, [307-1] (EHG)
May 14, 2003 Opinion or Order Filing 311 ORDER SETTING HEARING by Mag Judge Tu M. Pham granting motion for expedited hearing on the United States' previously filed motion to extend deadline for filingmotion for preliminary injunction [310-1] hearing set 2:30 5/15/03 in courtroom 914. (cc: all counsel) (EHG)
May 13, 2003 Filing 310 MOTION by intervenor plaintiff United States for expedited hearing on the United States' previously filed motion to extend deadline for filingmotion for preliminary injunction and Memorandum in Support (EHG)
May 13, 2003 Filing 309 EXHIBIT AND WITNESS list [for hearing held 5/7/03] (EHG)
May 12, 2003 MAIL Returned [294-2] addressed to John Richbourg (EHG)
May 9, 2003 Filing 307 MOTION by intervenor plaintiff United States for extension of the filing date on a preliminary injunction motion in the Grant case, proposed scheduling order, memorandum in support, and certificate of consultation (EHG)
May 9, 2003 Filing 306 SECOND AMENDED NOTICE OF DEPOSITIONS by intervenor plaintiff United States of taking deposition of Butch Porter on 5/9/03 @ 9:30 a.m.; Gary Makowsky on 5/13/03 @ 11:00 a.m.; Ron Williams 5/14/03 @ 10:30 a.m.; Jerome B. Makowsky on 5/16/03 @ 9:00 a.m.; Jim Williams on 5/16/03 @ 11:00 a.m.; Jack Schaffer on 5/22/03 @ 9:00 a.m.; Jack Belz on 5/30/03 @ 9:30 a.m. (EHG) Modified on 05/09/2003
May 8, 2003 Filing 305 SUBMISSION OF RESPONSES OF DEFENDANT, MAKOWSKY CONSTRUCTION COMPANY, INC., TO PLAINTIFF/INTERVENOR'S FIRST SET OF REQUESTS FOR ADMISSIONS by defendant Makowsky Constr [document placed in separate folder] (EHG)
May 7, 2003 Filing 308 MINUTES: ; In-court hearing on Motion for Protective Order held 5/7/03 . Exh. 1 submitted by govt. Taken under advisement/order to enter. Moton to Sever. Taken under advisement. Presiding Judge: Tu Pham PLA Atty: M. Barr-Myers, Wm. Jeter, K. Kijewski, J. Warden DFT Atty: T Kitay, J. Keiner CR: B. Parker (EHG)
May 6, 2003 Filing 304 UNITED STATES' RESPONSE OPPOSING: The motion for protective order filed by defendants Bell/South Bluffs, Inc., Jack A. Belz, Ronald A. Belz, and Jerome Hanover; the motion for protective order filed by defendants Richard and Milton Grant Co., J. Richard Grant and Milton Grant; the motion for protective order of defendants Archeon and John Gillentine; the motion for protective order of defenant Parker Estes and Associates, Inc.; the motion for protective order of defendant W.H. Porter & Co., Inc., and the motion for protective order of Henry Hart and Henry Hart Engineering, P.C. And MEMORANDUM IN SUPPORT by intervenor plaintiff United States to [254-1], [248-1], [280-1], [268-1], [288-1], [300-1] (EHG)
May 5, 2003 MAIL Returned [287-1] addressed to attorney John Richbourg (EHG)
May 5, 2003 MAIL Returned [285-1], [284-1] addressed to atty John Richbourg (EHG)
May 2, 2003 Filing 302 CERTIFICATE OF CONSULTATION by defendant Henry Hart, defendant Henry Hart Eng Co re motion for protective order (EHG)
May 2, 2003 Filing 301 MEMORANDUM by defendant Henry Hart, defendant Henry Hart Eng Co in support of motion for protective order [300-1] (EHG)
May 2, 2003 Filing 300 MOTION by defendant Henry Hart, defendant Henry Hart Eng Co for protective order ..re pla US' 23rd interrogatory and first set of requests for admission to defendants.. (EHG)
May 2, 2003 MAIL Returned [272-1] addressed to attorney John Richbourg [copy handed casemgr] (EHG)
April 30, 2003 Filing 299 NOTICE OF FILING by intervenor plaintiff United States : Submission of Requests for Admission with Respect to Camden Grove Previously Served on Defendants John Gillentine, J. Richard Grant, Milton Grant, Richard and Milton Grant Co. and Parker Estes & Associates, Inc. [Document Placed In Separate Folder] (EHG)
April 30, 2003 Filing 298 NOTICE OF FILING by intervenor plaintiff United States : Submission of Requests for Admission with Respect to Eton Square Previously Served on Defendants Archeon, Inc., Penn Investors, W.H. Porter & Co. Inc. and Makowsky Construction Company [Document Placed In Separate Folder] (EHG)
April 30, 2003 Filing 297 NOTICE OF FILING by intervenor plaintiff United States : Submission of Requests for Admission with Respect to Champion Hills at Windyke Previously Served on Defendants ARcheon, Inc., Jan Realty, MRB Windyke, Penn Investors, Bellz/South Bluffs, Jack Belz, Ronald Belz, Jerome Hanover, Reaves Sweeney & Marcom, and Makowsky Construction Company [Document Placed In Separate Folder] (EHG)
April 30, 2003 Filing 296 NOTICE OF FILING by intervenor plaintiff United States : Submission of Requests for Admission with Respect to Champion Hills at Stonebridge Previously Served on Defendants Jan Realty, MRB Windyke, Archeon, Inc., Penn Investors, Belz/South Bluffs, Jack Belz, Ronald Belz, Jerome Hanover, Reaves Sweeney & Marcom, and Makowsky Construction Company [Document Placed In Separate Folder] (EHG)
April 30, 2003 Filing 295 NOTICE OF FILING by intervenor plaintiff United States: Submission of Requests for Admission with Respect to Wyndham Previously Served on Defendants John Gillentine, J. Richard Grant, Milton Grant, Richard and Milton Grant Co., Henry Hart and Henry Hart Engineering, PC [Document Placed In Separate Folder] (EHG)
April 29, 2003 Opinion or Order Filing 294 ORDER ADMITTING PRO HAC VICE by Judge Bernice B. Donald granting motion to specially admit attorney Prineet D. Sharma pro hac vice [286-1]..for defendant Parker, Estes & Associates, Inc.; withdrawing attorney Richard E. Mitchell for Parker, Estes & Asso (cc: all counsel) (EHG)
April 29, 2003 Filing 293 CERTIFICATE OF CONSULTATION by defendant Reaves Sweeney re motion for protective order (EHG)
April 29, 2003 Filing 292 MEMORANDUM by defendant Reaves Sweeney in support of motion for protective order [291-1] (EHG)
April 29, 2003 Filing 291 MOTION by defendant Reaves Sweeney for protective order re certain plaintiff-intervenor's second set of interrogatories and first set of request for admissions and third set of interrogatories and second set of requests for admissions propounded to this dft.. (EHG)
April 29, 2003 Filing 290 CERTIFICATE OF CONSULTATION by defendant W.H. Porter and Co. re motion for protective order (EHG)
April 29, 2003 Filing 289 MEMORANDUM by defendant W.H. Porter and Co. in support of motion for protective order [288-1] (EHG)
April 29, 2003 Filing 288 MOTION by defendant W.H. Porter and Co. for protective order ..regarding certain plaintiff-intervenor's second set of interrogatories and first set of request for admissions and third set of interrogatories and second set of requests for admissions propoined to this dft.. (EHG)
April 29, 2003 Opinion or Order Filing 287 ORDER OF REFERENCE by Judge Bernice B. Donald : This matter is hereby referred to the Honorable Tu Pham, US Magistrate Judge, for all pretrial matters, except for dispositive motions. Any exceptions to the Mag Judge's order shall be made by motion w/in 10 days of the order. (cc: all counsel) (EHG)
April 28, 2003 Filing 303 MINUTES: ; scheduling conference 4/28/03. The court established the following ddls: ddl to respond to motion to dismiss 5/30/03; ddls as to Grant dfts: disclosure of experts 5/2/03, fact discovery 5/30/03, dispositive motion/sumjgm ddl 6/30/03; ddl for motion on injunctive relief 5/21/03. Hearing on motion for injunctive relief set Monday, 6/16/03 @ 1:30 p.m.. Court to allow Judge Pham to handle all pretrial matters. Pre-trial motion hearing set Wed., 5/7/03 @ 1:00 p.m. before Judge Pham. Presiding Judge: Donald PLA Atty: M. Barr-Myers, G. Vanesak, T. Keary, K. Kijewski, W. Brewer; DFT Atty: J. Richbourg, D. Carson, T. Kitay, S. Vescovo, J. Keiner, P. Sherma-by phone, R. Glassman, W. Jeter, A. Strain. (EHG)
April 28, 2003 Filing 286 UNOPPOSED MOTION by defendant Parker, Estes & Asso to specially admit attorney Prineet D. Sharma pro hac vice w/attachments ..requests that he be substituted for Richard E. Mitchell on the Notice of Distribution of this case. (EHG) Modified on 04/29/2003
April 28, 2003 PRO HAC VICE FEE PAID: in the amount of $ 100.00 receipt # 79735 by Gray Harris & Robinson, P.A. for Prineet D. Sharma (EHG)
April 28, 2003 Opinion or Order Filing 285 ORDER GRANTING EXTENSION OF TIME by Judge Bernice B. Donald granting motion for extension of time (to 5/28/03 to respond to the motion for partial sumjgm filed by dfts Penn Investors, Inc., Jan Realty, Inc., Belz/South Bluffs, Jack Belz d/b/a Belz Enterprises, Ronald A. Belz d/b/a Belz Enterprises, Jerome Hanover d/b/a Belz Enterprises, Makowsky Ringel Greenberg, MRB-Stonebridge, and MRB-Windyke, LP) [276-1] ..plaintiff, MEmphis Center for Independent Living, shall have up to and including 5/28/03, whithin which to respond to said Motion. (cc: all counsel) (EHG)
April 28, 2003 Opinion or Order Filing 284 ORDER GRANTING EXTENSION by Judge Bernice B. Donald granting motion for extension of time (to 6/4/03 to respond to the motion for sumjgm filed by dft Makowsky Const Co, Inc.) [273-1] ..plaintiff, Memphis Center for Independent Living, shall have up to and including 6/4/03, within which to respond to said Motion. (cc: all counsel) (EHG)
April 28, 2003 MAIL Returned [270-1], [271-1] addressed to atty John Richbourg [copy handed casemgr] (EHG)
April 25, 2003 Filing 283 MOTION by intervenor plaintiff United States for a new scheduling order, memorandum in support and certificate of consultation w/attachments (EHG)
April 25, 2003 Filing 282 RESPONSE/OPPOSITION TO THE MOTION OF DEFENDANT W.H. PORTER & CO., INC. FOR SEPARATE TRIALS AND MEMORANDUM IN SUPPORT by intervenor plaintiff United States to motion to sever/for separate trials [262-1] (EHG)
April 24, 2003 Filing 281 CERTIFICATE OF CONSULTATION ON MOTOIN FOR PROTECTIVE ORDER BY THE DEFENDANTS, ARCHEON, INC. AND JOHN GILLENTINE by defendant Archeon, Inc, defendant John R. Gillentine (EHG)
April 24, 2003 Filing 280 MOTION by defendant Archeon, Inc, defendant John R. Gillentine for protective order (EHG)
April 24, 2003 Filing 278 CERTIFICATE OF CONSULTATION OF COUNSEL CONCERNING MOTION FOR EXTENSION OF TIME by plaintiff Memphis Center (EHG)
April 24, 2003 Filing 277 MEMORANDUM by plaintiff Memphis Center in support of motion for extension of time (to 5/28/03 to respond to the motion for partial sumjgm filed by dfts Penn Investors, Inc., Jan Realty, Inc., Belz/South Bluffs, Jack Belz d/b/a Belz Enterprises, Ronald A. Belz d/b/a Belz Enterprises, Jerome Hanover d/b/a Belz Enterprises, Makowsky Ringel Greenberg, MRB-Stonebridge, and MRB-Windyke, LP) [276-1] (EHG)
April 24, 2003 Filing 276 MOTION by plaintiff Memphis Center for extension of time (to 5/28/03 to respond to the motion for partial sumjgm filed by dfts Penn Investors, Inc., Jan Realty, Inc., Belz/South Bluffs, Jack Belz d/b/a Belz Enterprises, Ronald A. Belz d/b/a Belz Enterprises, Jerome Hanover d/b/a Belz Enterprises, Makowsky Ringel Greenberg, MRB-Stonebridge, and MRB-Windyke, LP) (EHG)
April 24, 2003 Filing 275 CERTIFICATE OF CONSULTATION OF COUNSEL CONCERNING MOTION FOR EXTENSION OF TIME by plaintiff Memphis Center (EHG)
April 24, 2003 Filing 274 MEMORANDUM by plaintiff Memphis Center in support of motion for extension of time (to 6/4/03 to respond to the motion for sumjgm filed by dft Makowsky Const Co, Inc.) [273-1] (EHG)
April 24, 2003 Filing 273 MOTION by plaintiff Memphis Center for extension of time (to 6/4/03 to respond to the motion for sumjgm filed by dft Makowsky Const Co, Inc.) (EHG)
April 24, 2003 MAIL Returned [260-1], [252-2], [253-1], [257-1], [258-1], [259-1] addressed to attorney John Richbourg (copy handed casemgr) (EHG)
April 23, 2003 Filing 279 MINUTES: Motion hrg 4/23/03 on Motion for Protective Order. Deposition to proceed forward. Presiding Judge: Allen PLA Atty: Thomas J. Keary, for intervenor DFT Atty: Stephen Biller for dfts Parker, Estes & Anso C/R: FTR (EHG)
April 22, 2003 Opinion or Order Filing 272 ORDER OF REFERENCE by Judge Bernice B. Donald referring to Mag Judge James H. Allen the motion for protective order quashing discovery [241-1], referring to Mag Judge James H. Allen the motion an extension of time to respond to discovery [241-2] ..for a Determination. (cc: all counsel) (EHG)
April 18, 2003 Opinion or Order Filing 271 ORDER OF REFERENCE by Judge Bernice B. Donald referring to Mag Judge James H. Allen the request for oral argument for a determination. [264-1] (cc: all counsel) (EHG)
April 18, 2003 Opinion or Order Filing 270 ORDER OF REFERENCE by Judge Bernice B. Donald referring to Mag Judge James H. Allen the motion to sever/for separate trials [262-1]..for a determination. (cc: all counsel) (EHG)
April 18, 2003 Filing 269 CERTIFICATE Of Consultation by defendant Parker, Estes & Asso re [268-1] (BAG)
April 18, 2003 Filing 268 MOTION by defendant Parker, Estes & Asso for protective order and Memorandum of law in support (BAG)
April 18, 2003 Filing 267 MEMORANDUM by intervenor plaintiff United States in support of motion response opposing motion for protective order... [266-1] (BAG)
April 18, 2003 Filing 266 RESPONSE by intervenor plaintiff United States opposing motion for protective order filed by defendants MRB-Stonebridge... [243-1], and motion for protective order filed by Makowsy Constr. [241-1] (BAG)
April 18, 2003 Filing 265 NOTICE by intervenor plaintiff United States of taking deposition of Belz dfts on 4/30/03 at 9:30am (BAG)
April 17, 2003 Filing 264 REQUEST by defendant W.H. Porter and Co. for ORAL ARGUMENT (EHG)
April 17, 2003 Filing 263 MEMORANDUM by defendant W.H. Porter and Co. in support of motion to sever/for separate trials [262-1] (EHG)
April 17, 2003 Filing 262 MOTION by defendant W.H. Porter and Co. to sever/for separate trials (EHG)
April 17, 2003 Filing 261 SUPPLEMENTAL MOTION AND MEMORANDUM by defendant Makowsky Constr re motion for protective order quashing discovery [241-1], re motion an extension of time to respond to discovery [241-2] [document placed in separate folder] (EHG)
April 17, 2003 Opinion or Order Filing 260 ORDER OF REFERENCE by Judge Bernice B. Donald : Before the ocurt is dfts Belz/South Bluffs, Inc., Jack A. Belz, Ronald A. Belz and Jerome Hanover's Motion for Protective Order filed on 4/15/03. ..referring to Mag Judge James H. Allen the motion for protective order [254-1] for a Determination. Any exceptions to the mag judge's order shall be made by motion w/in 10 days of the order. (cc: all counsel) (EHG)
April 16, 2003 Opinion or Order Filing 259 ORDER OF REFERNCE by Judge Bernice B. Donald ..dfts, MRB-Stonebridge, LP, MRB-Windyke, LP, Jan Realty, Inc., and Penn Investors, Inc.'s motion for Protective Order.. referring to Mag Judge James H. Allen the motion for protective order [243-1].. for a determination. all counsel) (EHG)
April 16, 2003 Opinion or Order Filing 258 ORDER OF REFERENCE by Judge Bernice B. Donald ..dfts Richard and Milton Grant Co., J. Richard Grant, and Milton Grant's motion for protective order filed on 4/4/03.. referring to Mag Judge James H. Allen the motion for protective order [248-1] for a Determination. Any exceptions to the Mag Judge's order shall be made by motion w/in 10 days of the order. all counsel) (EHG) Modified on 04/17/2003
April 16, 2003 Opinion or Order Filing 257 ORDER GRANTING PLAINTIFFS ADDITIONAL TIME FOR THE DEPOSITIONS OF JEROME MAKOWSKY, JOHN GILLENTINE, JACK SCHAFFER AND GARY MAKOWSKY by Judge Bernice B. Donald [247-1] ..plas shall have up to and including 10 1/2 hrs each for the depositions of Jerome Makowsky, John Gillentine, Jack Schaffer and Gary Makowsky. Further, plas shall have up to and including 7 hrs each for the depositions of Ron Williams, Jerome Hannover, Michael Greenberg, Ron Belz, W.H. Porter & Co., Milton Grant, J. Richard Grant, Henry Hart, Robert Estes, and Jack Belz. Additional time will not be granted w/o a showing of good cause. (cc: all counsel) (EHG)
April 15, 2003 Filing 256 CERTIFICATE OF CONSULTATION ON MOTION FOR PROTECTIVE ORDER by defendant Belz/South Bluffs, defendant Jack A. Belz, defendant Ronald A. Belz, defendant Jerome H. Hanover (EHG)
April 15, 2003 Filing 255 MEMORANDUM by defendant Belz/South Bluffs, defendant Jack A. Belz, defendant Ronald A. Belz, defendant Jerome H. Hanover in support of motion for protective order [254-1] (EHG)
April 15, 2003 Filing 254 MOTION by defendant Belz/South Bluffs, defendant Jack A. Belz, defendant Ronald A. Belz, defendant Jerome H. Hanover for protective order (EHG)
April 15, 2003 Opinion or Order Filing 253 ORDER GRANTING EXTENSION OF TIME by Judge Bernice B. Donald granting plaintiffs', Memphis Center for Independent Living and the United States of America, motion for extension of time (to 5/30/03 to respond to the motion for partial sumjgm) [238-1] (cc: all counsel) (EHG)
April 15, 2003 Opinion or Order Filing 252 ORDER GRANTING RULE 16 SCHEDULING CONFERENCE by Judge Bernice B. Donald granting motion for Rule 16 Scheduling Conference [235-1] ; scheduling conference set for 1:30 4/28/03 (cc: all counsel) (EHG)
April 14, 2003 Filing 250 CERTIFICATE OF CONSULTATION ON MOTION FOR PROTECTIVE ORDER by defendant Richard Milton Grant, defendant J. Richard Grant, defendant Milton Grant (EHG)
April 14, 2003 Filing 249 MEMORANDUM by defendant Richard Milton Grant, defendant J. Richard Grant, defendant Milton Grant in support of motion for protective order [248-1] w/attachment (EHG)
April 14, 2003 Filing 248 MOTION by defendant Richard Milton Grant, defendant J. Richard Grant, defendant Milton Grant for protective order ..regarding certain requests for admission propounded to them by the pla-intervenor US.. (EHG)
April 14, 2003 Filing 247 MOTION by intervenor plaintiff United States for entry of an order granting plaintiffs additional time for the deposition of certain of defendants' officers previously notices for deposition (EHG)
April 11, 2003 Filing 246 RESPONSE by defendant Reaves Sweeney to the Unites States of America's REqeust to Extend Deposition Limitations (EHG)
April 10, 2003 Filing 251 MINUTES: Hearing on Deposition Disputes 4/10/03. USA in the process of deposing Jerome Makowsky; dispute between the parties as to amount of time and days alloted for deposition. Court granted leave to depose Mr. Makowsky for up to 1 and 1/2 days; USA will file w/court by Mon, 4/14 a document stating number of hrs needed for each deposition; court will rule on time allocation; Parties will re-schedule Mr. Williams deposition; USA will file similar notices as other depositions are set. Also present: H. Halmon, K. Kijewski, & Thomas Keary-USA; M. Herrin-Reeves Sweeney; J. Richbourg -John Gilbertine & Archeon, Inc.; T. Kitay -Richard & Milton, J. Hanover, R. Bole, J. Belze, et al.; D. Carson -Makowsky Constr. Presiding Judge: Donald PLA Atty: Margaret Barr-Meyers DFT Atty: (listed in minutes) C/R: Mark Dodson (EHG)
April 10, 2003 Filing 245 CERTIFICATE OF CONSULTATION ON MOTION FOR PROTECTIVE ORDER by defendant MRB Windyke, LP, defendant MRB-Stonebridge, defendant Penn Investors, Inc, defendant JAN Realty, Inc. (EHG)
April 10, 2003 Filing 244 MEMORANDUM by defendant MRB-Stonebridge, defendant MRB Windyke, LP, defendant Penn Investors, Inc, defendant JAN Realty, Inc. in support of motion for protective order [243-1] w/attachments (EHG)
April 10, 2003 Filing 243 MOTION by defendant MRB-Stonebridge, defendant MRB Windyke, LP, defendant JAN Realty, Inc., defendant Penn Investors, Inc for protective order (EHG)
April 9, 2003 Filing 242 CERTIFICATE OF CONSULTATION AMONG COUNSEL by defendant Makowsky Constr re motion for protective order quashing discovery, or in the alternative, an extension of time to respond to discovery (EHG)
April 9, 2003 Filing 241 MOTION AND MEMORANDUM IN SUPPORT OF by defendant Makowsky Constr for protective order quashing discovery , or in the alternative, an extension of time to respond to discovery (EHG)
April 9, 2003 Filing 240 CERTIFICATE OF CONSULTATION OF COUNSEL CONCERNING MOTION FOR EXTENSION OF TIME by plaintiff Memphis Center, USA (EHG) Modified on 04/14/2003
April 9, 2003 Filing 239 MEMORANDUM by plaintiff Memphis Center, USA in support of motion for extension of time (to 5/30/03 to respond to the motion for partial sumjgm) [238-1] (EHG) Modified on 04/14/2003
April 9, 2003 Filing 238 MOTION by plaintiff Memphis Center, USA for extension of time (to 5/30/03 to respond to the motion for partial sumjgm) (EHG) Modified on 04/14/2003
April 8, 2003 Filing 237 CERTIFICATE OF CONSULTATION by defendants re motion for rule 16 scheduling conference (EHG)
April 8, 2003 Filing 236 MEMORANDUM by defendants in support of motion for hearing/for Rule 16 Scheduling Conference [235-1] (EHG)
April 8, 2003 Filing 235 MOTION by defendant Belz/South Bluffs, defendant Jack A. Belz, defendant Ronald A. Belz, defendant Jerome H. Hanover, defendant MRB-Stonebridge, defendant MRB Windyke, LP, defendant Penn Investors, Inc, defendant Makowsky Ringel, defendant Belz Investco, LP, defendant Belz Investco, GP for hearing/for Rule 16 Scheduling Conference (EHG)
April 8, 2003 Filing 234 AMENDED NOTICE OF DEPOSITIONS by plaintiff Memphis Center of taking deposition of Jerome B. Makowsky on 4/10/03 @ 9:00 a.m., Ron Williams on 4/11/03 @ 12:30 p.m., Belz Jack on 4/14/03 @ 9:30 a.m.; Jerome Hanover, 4/15/03 @ 9:30 a.m. Michael Greenberg on 4/16/03 @ 9:900 a.m., Ronald A. Belz on 4/18/03 @ 9:30 a.m., Jack Schaffer (EHG)
April 4, 2003 Filing 233 ANSWER by defendant John R. Gillentine to [220-1] to Plaintiff-Intervenor's Second Amended Complaint in Intervention (EHG)
April 4, 2003 Filing 232 ANSWER by defendant Archeon, Inc to [220-1] to Plaintiff-Intervenor's Second Amended Complaint In Intervention (EHG)
April 1, 2003 Filing 231 AFFIDAVIT of Gary Makowsky re [229-1] (EHG)
April 1, 2003 Filing 230 STATEMENT OF UNDISPUTED FACTS by defendant Makowsky Constr in support of [229-1] (EHG)
April 1, 2003 Filing 229 MOTION by defendant Makowsky Constr for partial summary judgment as to plaintiff, Memphis Center for Independent Living (EHG)
March 27, 2003 Filing 228 AFFIDAVIT of Jerome Makowsky re [226-1] (EHG)
March 27, 2003 Filing 227 MEMORANDUM by defendant Penn Investors, Inc, defendant JAN Realty, Inc., defendant Belz/South Bluffs, defendant Jack A. Belz, defendant Ronald A. Belz, defendant Jerome H. Hanover, defendant Makowsky Ringel, defendant MRB-Stonebridge, defendant MRB Windyke, LP in support of motion for partial summary judgment as to plaintiff Memphis Center for Independent Living [226-1] w/attachments (EHG)
March 27, 2003 Filing 226 MOTION by defendant Penn Investors, Inc, defendant JAN Realty, Inc., defendant Belz/South Bluffs, defendant Jack A. Belz, defendant Ronald A. Belz, defendant Jerome H. Hanover, defendant Makowsky & Ringel, defendant MRB-Stonebridge, defendant MRB Windyke, LP for partial summary judgment as to plaintiff Memphis Center for Independent Living (EHG)
March 14, 2003 Filing 225 STATEMENT of UNDISPUTED FACTS IN SUPPORT OF defendant Penn Investors, Inc, defendant JAN Realty, Inc., defendant Belz/South Bluffs, defendant Jack A. Belz, defendant Ronald A. Belz, defendant Jerome H. Hanover, defendant Makowsky Ringel, defendant MRB-Stonebridge, defendant MRB Windyke, LP ..MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFF MEMPHIS CENTER FOR INDEPENDENT LIVING AND PARTIAL SUMMARY JUDGMENT AS TO PLAINTIFF-INTERVENOR UNITED STATES (EHG)
March 14, 2003 Filing 224 MEMORANDUM by defendant Jack A. Belz, defendant Ronald A. Belz, defendant Jerome H. Hanover in support of motion for summary judgment [223-1] (EHG)
March 14, 2003 Filing 223 MOTION by defendant Jack A. Belz, defendant Ronald A. Belz, defendant Jerome H. Hanover for summary judgment ..as to all claims by both the original pla, Memphis Center for Independent Living, and the intervening pla, United States. (EHG)
March 7, 2003 Filing 222 PLAINTIFF'S DISCLOSURE OF EXPERT TESTIMONY/RULE 26 Disclosures by United States ..re: report prepared by the US' expert, William Hecker, AIA directed to Champion Hills at Windyke, Champion Hills at Stonebridge and Eton Square Apts. [document placed in separate folder] (EHG)
March 7, 2003 Filing 221 PLAINTIFF'S DISCLOSURE OF EXPERT TESTIMONY/RULE 26 Disclosures by United States re: Attached report prepared by the US' expert, William Hecker, AIA directed to the Wyndham Apartments and Camden Grove Apts. [document placed in separate folder] (EHG)
March 6, 2003 Filing 220 SECOND AMENDED COMPLAINT IN INTERVENTION by intervenor plaintiff United States (EHG)
February 26, 2003 Filing 219 ANSWER by defendant Makowsky Constr to Plaintiff-Intervenor's Second Amended Complaint in Intervention to [220-1] (EHG)
February 26, 2003 Filing 218 ANSWER by defendant Makowsky Constr Co., Inc. to Plaintiff Memphis Center for Independent Living's Third Amended Complaint for Declaratory Judgment, Injunctive Relief and Damages to [202-1] (EHG)
February 21, 2003 Filing 217 RETURN OF SERVICE executed upon defendant W.H. Porter and Co. on 1/30/03 (PWM)
February 18, 2003 Filing 216 ANSWER TO THE SECOND AMENDED COMPALINT IN INTERVENTION by Richard Milton Grant, Richard and Milton to [143-1] (PWM)
February 18, 2003 Filing 215 ANSWER TO PLA-INTERVENOR'S SECOND AMENDED COMPLAINT IN INTERVENTION by Penn Investors, Inc, JAN Realty, Inc., Belz/South Bluffs, Jack A. Belz, Ronald A. Belz, Jerome H. Hanover, Windyke, LP, MRB-Stonebridge, Makowsky Ringel (PWM)
February 18, 2003 Filing 214 ANSWER by Penn Investors, Inc, JAN Realty, Inc., Belz/South Bluffs, Jack A. Belz, Ronald A. Belz, Jerome H. Hanover, MRB Windyke, LP, MRB-Stonebridge, Makowsky Ringel to [202-1] (PWM)
February 18, 2003 Filing 213 ANSWER to Pla's Third Amended Complaint by Richard Milton Grant, Milton Grant, Richard and Milton, J. Richard Grant to [202-1] (PWM)
February 13, 2003 Filing 212 ANSWER by defendant John R. Gillentine to [137-1] (YDS)
February 13, 2003 Filing 211 ANSWER by defendant John R. Gillentine to [143-1] (YDS)
February 10, 2003 Filing 210 RETURN OF SERVICE executed upon defendant W.H. Porter and Co. on 1/30/03; served personally @ 4821 American Way, Ste. 100, Memphis, TN, 38118 (YDS)
February 5, 2003 Filing 209 ANSWER by defendant Parker, Estes & Asso to Second Amended Complaint in Intervention (YDS)
January 30, 2003 Filing 208 ANSWER by defendant Parker, Estes & Asso to Third Amended Complaint [202-1] (YDS)
January 30, 2003 SUMMONS issued as to defendant W.H. Porter and Co. c/o Wiliam D. Porter, Registered Agent (YDS)
January 28, 2003 Opinion or Order Filing 207 ORDER GRANTING MOTION FOR SEPARATE TRIALS by Judge Bernice B. Donald granting motion for order of separate trial regarding each apartment complex named [160-1]; the first case to proceed to trial will be Makowsky Properties on 9/15/03 @ 8:45am. The case involving the Grant Properties will proceed on 11/3/03 @ 8:45am. (cc: all counsel) (YDS)
January 28, 2003 Filing 206 AMENDED SCHEDULING ORDER 16(b) AND RESETTING TRIAL DATE Judge Bernice B. Donald ; summary jgm motion filing deadline set for 5/30/03 ; initial motions to dismiss ddl 12/14/02 ; Rule 26(a)(1) disclosures ddl 11/30/02 ; disclosure of plas' experts 3/3/03 ; disclosure dl dfts' experts ddl 5/2/03 ; ddl for document production, depositions, interrogatories, admissions ddl 4/30/03 ; discovery deadline set for 4/30/03 ; joint pretrial order to be entered on 8/18/03 ; pretrial conference set for 8/25/03 at 1:00 ; Makowsky Defendants' jury trial for 9/15/03 at 8:45 ; Grant Defendants' jury trial set for 11/3/03 @ 8:45am ; deadline for joining parties set for 1/15/03 ; deadline for amending pleadings set for 1/30/03 (cc: all counsel) (YDS)
January 28, 2003 SUMMONS issued as to defendant W.H. Porter and Co. (YDS)
January 22, 2003 Opinion or Order Filing 205 ORDER by Judge Bernice B. Donald granting motion for leave to file second amended complaint in intervention [204-1] (cc: all counsel) (YDS)
January 22, 2003 Filing 204 MOTION by intervenor plaintiff United States for leave to file second amended complaint in intervention Memorandum in Support and Certificate of Consultation (YDS)
January 15, 2003 Opinion or Order Filing 203 ORDER by Judge Bernice B. Donald granting motion to extend time to file amendment to United States' complaint to join an additional party dft [196-1]; pla, USA, is hereby allowed up to and including 1/22/03 to amend its complaint to join additional parties. (cc: all counsel) (YDS)
January 15, 2003 Filing 202 THIRD AMENDED COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF AND DAMAGES [137-1] by plaintiff Memphis Center; adding W.H. Porter and Co. (YDS)
January 15, 2003 Opinion or Order Filing 201 ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT by Judge Bernice B. Donald granting motion for leave to file third amended complaint [197-1] (cc: all counsel) (YDS)
January 15, 2003 Filing 200 CERTIFICATE OF SERVICE by plaintiff Memphis Center (PWM)
January 15, 2003 Filing 199 CERTIFICATE OF CONSULTATION OF COUNSEL CONCERNING MOTION FOR LEAVE TO AMEND THE COMPLAINT by plaintiff Memphis Center (PWM)
January 15, 2003 Filing 198 MEMORANDUM by plaintiff Memphis Center in support of motion for leave to file third amended complaint [197-1] (PWM)
January 15, 2003 Filing 197 MOTION by plaintiff Memphis Center for leave to file third amended complaint (PWM)
January 13, 2003 MAIL Returned [141-1] addressed to Kevin Kijweski; return to sender, forward time expired (YDS)
December 27, 2002 Filing 195 ANSWER by defendants Henry Hart, Henry Hart Eng Co to First Amended Complaint in Intervention [143-1]; jury demand (YDS)
December 2, 2002 MAIL Returned [188-1] addressed to Kevin Kijewski; return to sender, moved not forwardable (YDS)
November 22, 2002 Filing 194 MINUTES: Scheduling Conference held on 11/22/02; scheduling order counsel to enter; discovery ddl set 4/30/03; pla(s) expert ddl 3/3/03; dft(s) expert ddl 5/2/03; dispositive/summary jgm motion filing ddl set 5/30/03; proposed joint pretrial order ddl 5:00 8/18/03; pretrial conference set 8/25/03; jury trial set 9/15/03, est 4 weeks; joining parties ddl 1/15/03; amending pleadings ddl set 1/30/03; court granted mo(s) to reset trial date and for separate trials; Group 1 (Makowsky) w/proceed to trial first; Group 2 (Grant Properties) w/proceed to trial 11/3/03, est 3 wks; Court time for trials: 8:45-2:00; Mr. Jeter w/prepare sched order for court's approval ; granting motion to enter scheduling order [189-1], granting motion to scheduling order [163-1], granting motion for order of separate trial regarding each apartment complex named [160-1] Presiding Judge: Donald PLA Atty: Webb Brewer, Margaret Meyers, Thomas Keary, Gary Vanasek DFT Atty: David Delgado, John Richbourg, Marcy Dodds, Theresa Kitay, Lori Kane, Wm. Jeter, J. Keiner by phone C/R: Lynn Dudley (YDS)
November 22, 2002 Filing 193 REPLY by defendant Reaves Sweeney to internvor plaintiff USA's opposition to motion for separate trials [184-1] (YDS)
November 21, 2002 Filing 192 REPLY by defendant Reaves Sweeney re memorandum in opposition by intenvor plaintiff USA to motion for separate trials [184-1] (YDS)
November 21, 2002 Filing 191 JOINDER by defendants Penn Investors, Inc, JAN Realty, Inc., Belz/South Bluffs, Jack A. Belz, Ronald A. Belz, Jerome H. Hanover, Makowsky Ringel, MRB-Stonebridge, MRB Windyke, LP re motion for separate trials [160-1] (YDS)
November 21, 2002 Filing 190 JOINDER by defendants Milton Grant, Richard and Milton, J. Richard Grant re motion for separate trials [160-1] (YDS)
November 20, 2002 Filing 189 MOTION by intervenor plaintiff United States to enter scheduling order (YDS)
November 19, 2002 Opinion or Order Filing 188 ORDER ON DEFENDANT PARKER ESTES MOTION TO ATTEND SCHEDULING CONFERENCE BY TELEPHONE by Judge Bernice B. Donald granting motion for leave to attend scheduling conference set on 11/22/02 by telephone [186-1] as to lead trial counsel. (cc: all counsel) (YDS)
November 18, 2002 Filing 187 ANSWER by defendant Makowsky Constr to First Amended Complaint in Intervention [143-1] (YDS)
November 18, 2002 Filing 186 MOTION by Parker, Estes & Asso for leave to attend scheduling conference set on 11/22/02 by telephone (YDS)
November 14, 2002 Filing 185 ANSWER by defendant Archeon, Inc to First Amended Complaint in Intervention [143-1] (YDS)
November 13, 2002 Filing 184 MEMORANDUM by intervenor plaintiff United States in opposition to motion for order of separate trial regarding each apartment complex named [160-1] (YDS)
November 6, 2002 Filing 183 SETTING LETTER : scheduling conference set for 9:45 11/22/02, Courtroom 3 (YDS)
November 4, 2002 Opinion or Order Filing 182 ORDER by Judge Bernice B. Donald granting motion for order staying Rule 16(b) Scheduling Order deadlines [166-1]; it is Ordered that this Court's Rule 16(b) Scheduling Order is hereby stayed until further Order of this Court. (cc: all counsel) (YDS)
November 4, 2002 Filing 181 ANSWER by defendants Penn Investors, Inc, JAN Realty, Inc., Belz/South Bluffs, Jack A. Belz, Ronald A. Belz, Jerome H. Hanover, Makowsky Ringel, MRB-Stonebridge, MRB Windyke, LP to [137-1] (YDS)
November 4, 2002 Filing 180 ANSWER by defendants Richard and Milton, J. Richard Grant, Milton Grant to [137-1] (YDS)
November 4, 2002 MAIL Returned [144-1] addressed to Alan Harkavy; return to sender, attempted not known (YDS)
November 4, 2002 Opinion or Order Filing 179 ORDER by Judge Bernice B. Donald granting motion for Rule 16(b) Scheduling Conference [169-1]; it is Ordered that this Court will order a Rule 16(b) Scheduling Conference to be noticed by further Order of this Court. (cc: all counsel) (YDS)
October 31, 2002 Opinion or Order Filing 178 ORDER ADMITTING PRO HAC VICE JEFFREY D. KEINER, ESQ. by Judge Bernice B. Donald granting motion for attorney Jeffrey D. Keiner to appear pro hac vice [174-1] (cc: all counsel) (YDS)
October 31, 2002 Opinion or Order Filing 177 ORDER ADMITTING PRO HAC VICE RICHARD E. MITCHELL, ESQ. by Judge Bernice B. Donald granting motion for attorney Richard E. Mitchell to appear pro hac vice [175-1] (cc: all counsel) (YDS)
October 30, 2002 Filing 175 UNOPPOSED MOTION by defendant Parker, Estes & Asso for attorney Richard E. Mitchell to appear pro hac vice (YDS)
October 30, 2002 Filing 174 UNOPPOSED MOTION by defendant Parker, Estes & Asso for attorney Jeffrey D. Keiner to appear pro hac vice (YDS)
October 30, 2002 Filing 173 ANSWER by defendant Parker, Estes & Asso to Second Amended Complaint [137-1] (YDS)
October 30, 2002 Filing 172 ANSWER by defendant Parker, Estes & Asso to First Amended Complaint In Intervention [143-1] (YDS)
October 30, 2002 Filing 171 CERTIFICATE of Consultation by defendant Reaves Sweeney re motion for Rule 16(b) Scheduling Conference (YDS)
October 30, 2002 Filing 170 MEMORANDUM by defendant Reaves Sweeney in support of motion for Rule 16(b) Scheduling Conference [169-1] (YDS)
October 30, 2002 Filing 169 MOTION by defendant Reaves Sweeney for Rule 16(b) Scheduling Conference (YDS)
October 30, 2002 Filing 168 CERTIFICATE of Consultation by defendant Reaves Sweeney re motion for order staying Rule 16(b) Scheduling Order [166-1] (YDS)
October 30, 2002 Filing 167 MEMORANDUM by defendant Reaves Sweeney in support of motion for order staying Rule 16(b) Scheduling Order deadlines [166-1] (YDS)
October 30, 2002 Filing 166 MOTION by defendant Reaves Sweeney for order staying Rule 16(b) Scheduling Order deadlines (YDS)
October 30, 2002 Filing 165 CERTIFICATE of Consultation by defendant Reaves Sweeney re motion to continue scheduling order [163-1] (YDS)
October 30, 2002 Filing 164 MEMORANDUM by defendant Reaves Sweeney in support of motion to continue scheduling order [163-1] (YDS)
October 30, 2002 Filing 163 MOTION by defendant Reaves Sweeney to continue scheduling order (YDS)
October 30, 2002 Filing 162 CERTIFICATE of Consultation by defendant Reaves Sweeney re motion for order of separate trial [160-1] (YDS)
October 30, 2002 Filing 161 MEMORANDUM by defendant Reaves Sweeney in support of motion for order of separate trial regarding each apartment complex named [160-1] (YDS)
October 30, 2002 Filing 160 MOTION by defendant Reaves Sweeney for order of separate trial regarding each apartment complex named (YDS)
October 30, 2002 PRO HAC VICE FEE PAID: in the amount of $ 200.00 receipt # 075629 by Stephen Biller (YDS)
October 28, 2002 Filing 176 RETURN OF SERVICE executed on 10/11/02 as to Belz Enterprises; left summons and complaint w/Andrea Bienstock, Attorney (YDS)
October 28, 2002 Filing 159 RETURN OF SERVICE executed upon defendant Ronald A. Belz on 10/11/02; left copies of summons and complaint w/Andrea Bienstock, Attorney (YDS)
October 28, 2002 Filing 158 RETURN OF SERVICE executed upon defendant Jerome H. Hanover on 10/11/02; left copies of summons and complaint w/Andrea Bienstock, Attorney (YDS)
October 28, 2002 Filing 157 RETURN OF SERVICE executed upon defendant Henry Hart Eng Co on 10/16/02; served personally @ 2716 Juneway, Bartlett TN (YDS)
October 28, 2002 Filing 156 RETURN OF SERVICE executed upon defendant JAN Realty, Inc. on 10/16/02; served personally @ 1010 June Road, Memphis, TN by serving Nick Ringle, Registered Agent (YDS)
October 28, 2002 Filing 155 RETURN OF SERVICE executed upon defendant Parker, Estes & Asso on 10/11/02; served personally @ 3460 Ridge Meadow Parkway, Memphis, TN by serving Robert Estes (YDS)
October 28, 2002 Filing 154 RETURN OF SERVICE executed upon defendant Jack A. Belz on 10/11/02; left copies w/Andrea Bienstock, Attorney (YDS)
October 28, 2002 Filing 153 RETURN OF SERVICE executed upon defendant Belz/South Bluffs on 10/11/02; served personally @ 100 Peabody Place by serving Andrea Bienstock (YDS)
October 28, 2002 Filing 152 RETURN OF SERVICE executed upon defendant JAN Realty, Inc. on 10/16/02; served personally @ 1010 June Road, Memphis, TN by serving Nick Ringle, Registered Agent (YDS)
October 28, 2002 Filing 151 RETURN OF SERVICE executed upon defendant Henry Hart Eng Co on 10/16/02; served personally @ 2716 Juneway Bartlett TN (YDS)
October 28, 2002 Filing 150 RETURN OF SERVICE executed upon defendant Parker, Estes & Asso on 10/11/02; served personally @ 3960 Ridge Meadow Parkway, Memphis TN by serving Robert Estes, Registered Agent (YDS)
October 28, 2002 Filing 149 RETURN OF SERVICE executed upon defendant Belz/South Bluffs on 10/11/02; left copies w/Andrea Bienstock, Attorney (YDS)
October 28, 2002 Filing 148 RETURN OF SERVICE executed upon defendant Jack A. Belz on 10/11/02; left copies w/Andrea Bienstock, Attorney (YDS)
October 28, 2002 Filing 147 RETURN OF SERVICE executed upon defendant Ronald A. Belz on 10/11/02; left copies w/Andrea Bienstock (YDS)
October 28, 2002 Filing 146 RETURN OF SERVICE executed upon defendant Jerome H. Hanover on 10/11/02; left copies w/Andrea Bienstock - Attorney (YDS)
October 22, 2002 Filing 145 ANSWER by defendants J. Richard Grant, Milton Grant, Richard and Milton to First Amended Complaint in Intervention [143-1] (YDS)
October 22, 2002 Filing 144 ANSWER by defendants Penn Investors, Inc, JAN Realty, Inc., Belz/South Bluffs, Jack A. Belz, Ronald A. Belz, Jerome H. Hanover, MRB-Stonebridge, MRB Windyke, LP, Makowsky Ringel to First Amended Complaint in Intervention [143-1] (YDS)
October 22, 2002 Opinion or Order Filing 141 ORDER by Judge Bernice B. Donald granting motion to extend time to respond to first amended complaint in intervention [138-1] up to and including 11/18/02. (cc: all counsel) (YDS)
October 21, 2002 Filing 142 NOTICE by intervenor plaintiff United States of taking deposition of William Sawtell, a designated representative of Richard and Milton Grant on 10/22/02 @ 9:30am (YDS)
October 18, 2002 Filing 140 CERTIFICATE of Consultation by defendant Makowsky Constr re motion for extension of time to respond to first amended complaint in intervention [138-1] (YDS)
October 18, 2002 Filing 139 MEMORANDUM by defendant Makowsky Constr in support of motion to extend time to respond to first amended complaint in intervention [138-1] (YDS)
October 18, 2002 Filing 138 MOTION by defendant Makowsky Constr to extend time to respond to first amended complaint in intervention (YDS)
October 15, 2002 MAIL Returned [136-1] addressed to Alan Harkavy; return to sender, attempted not known (YDS)
October 10, 2002 SUMMONS issued as to defendant Belz/South Bluffs (YDS)
October 10, 2002 SUMMONS issued as to defendant JAN Realty, Inc. (YDS)
October 10, 2002 SUMMONS issued as to defendant Parker, Estes & Asso (YDS)
October 10, 2002 SUMMONS issued as to defendant Henry Hart Eng Co (YDS)
October 10, 2002 SUMMONS issued as to defendant Ronald A. Belz (YDS)
October 10, 2002 SUMMONS issued as to defendant Jerome H. Hanover (YDS)
October 10, 2002 SUMMONS issued as to defendant Jack A. Belz (YDS)
October 7, 2002 SUMMONS issued as to defendant Ronald A. Belz (YDS)
October 7, 2002 SUMMONS issued as to defendant Jack A. Belz (YDS)
October 7, 2002 SUMMONS issued as to defendant Jerome H. Hanover (YDS)
October 7, 2002 SUMMONS issued as to Belz Enterprises (YDS)
October 7, 2002 SUMMONS issued as to defendant JAN Realty, Inc. c/o Jerald Sklar (YDS)
October 7, 2002 SUMMONS issued as to defendant Belz/South Bluffs (YDS)
October 7, 2002 SUMMONS issued as to defendant Parker, Estes & Asso c/o Robert Estes (YDS)
October 7, 2002 SUMMONS issued as to defendant Henry Hart Eng Co c/o Henry Hart (YDS)
October 1, 2002 Filing 143 FIRST AMENDED INTERVENOR'S COMPLAINT by intervenor plaintiff United States (YDS)
October 1, 2002 Filing 137 SECOND AMENDED COMPLAINT FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF AND DAMAGES [38-1] by plaintiff Memphis Center terminating defendant Richard Milton Grant, defendant Belz Investco, GP; adding Makowsky & Ringel, JAN Realty, Inc., Belz/South Bluffs, Jack A. Belz, Ronald A. Belz, Jerome H. Hanover, Richard and Milton, Henry Hart Eng Co, Parker, Estes & Asso (YDS)
October 1, 2002 Opinion or Order Filing 136 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT by Judge Bernice B. Donald granting motion for leave to file second amended complaint [111-1]; the Second Amended Complaint filed concurrently w/pla's motion is deemed filed as of the date of this Order. (cc: all counsel) (YDS)
October 1, 2002 Opinion or Order Filing 135 ORDER GRANTING PLAINTIFF IN INTERVENTION'S MOTION FOR LEAVE TO AMEND ITS COMPLAINT IN INTERVENTION by Judge Bernice B. Donald granting motion for leave to amend complaint in intervention [107-1]; the First Amended Complaint in Intervention filed concurrently w/pla's motion is deemed filed as of the date of this order. (cc: all counsel) (YDS)
September 30, 2002 MAIL Returned [127-1], [133-1] addressed to Alan Harkavy; return to sender, attempted not known (YDS)
September 24, 2002 Filing 134 ERRATA by intervenor plaintiff United States to Reply to Opposition to its Motion for Leave to Amend its Complaint in Intervention [132-1] (YDS)
September 18, 2002 MAIL Returned [115-1] addressed to Alan Harkavy; return to sender, unable to forward (YDS)
September 18, 2002 Filing 132 REPLY by intervenor plaintiff United States in opposition to response to motion for leave to amend complaint in intervention [107-1] (YDS)
September 17, 2002 Opinion or Order Filing 133 ORDER OF SPECIAL ADMISSION by Judge Bernice B. Donald granting motion for attorney Kevin J. Kijweski to appear pro hac vice [129-1] (cc: all counsel) (YDS)
September 17, 2002 Filing 129 MOTION by intervenor plaintiff United States for attorney Kevin J. Kijweski to appear pro hac vice (YDS)
September 16, 2002 Filing 131 NOTICE by intervenor plaintiff United States of taking deposition of A Representative(s) of Defendant Richard and Milton Grant Company on 9/26/02 @ 9:30am (YDS)
September 16, 2002 Filing 130 NOTICE by intervenor plaintiff United States of taking deposition of A Representative of Defendant Richard and Milton Grant Company on 9/17/02 @ 9:30am (YDS)
September 12, 2002 Filing 128 MEMORANDUM by defendants Penn Investors, Inc, Makowsky Ringel, Belz Investco, LP, Belz Investco, GP, MRB Windyke, LP, MRB-Stonebridge in opposition to motion for leave to file second amended complaint [111-1], to motion for leave to amend complaint in intervention [107-1] (YDS)
September 11, 2002 Opinion or Order Filing 127 ORDER by Judge Bernice B. Donald denying motion for leave to file a third party complaint [100-1]; DENIES w/o prejudice to refiling as a separate action. (cc: all counsel) (YDS)
September 9, 2002 Filing 126 NOTICE by intervenor plaintiff United States of taking deposition of a Representative of Richard and Milton Grant Company on 9/12/02 @ 9:30am (YDS)
September 4, 2002 Filing 125 RETURN OF SERVICE executed upon defendant Makowsky Ringel on 11/12/01 by serving Gary Makowsky @ 1010 June (YDS)
September 4, 2002 Filing 124 RETURN OF SERVICE executed upon defendant Makowsky Constr on 11/12/01; served personally Gary Makowsky @ 1010 June (YDS)
September 4, 2002 Filing 123 RETURN OF SERVICE executed upon defendant J. Richard Grant on 11/12/01; served personally Milton Grant @ 1655 International (YDS)
September 4, 2002 Filing 122 RETURN OF SERVICE executed upon defendant Milton Grant on 11/12/01; served personally @ 1655 International (YDS)
September 4, 2002 Filing 121 RETURN OF SERVICE executed upon defendant Reaves Sweeney on 11/13/01; served personally Sam Reaves @ 5118 Park (YDS)
September 4, 2002 Filing 120 RETURN OF SERVICE executed upon defendant Archeon, Inc on 11/13/01; served personally Jack Schaffer @ 3071 Director Row (YDS)
September 4, 2002 Filing 119 RETURN OF SERVICE executed upon defendant MRB-Stonebridge on 11/14/01 by serving Jerome Makowsky, VP MRB-Stonebridge (YDS)
September 4, 2002 Filing 118 RETURN OF SERVICE executed upon defendant Penn Investors, Inc on 11/14/01 by serving Jerome Makosky (YDS)
September 4, 2002 Filing 117 RETURN OF SERVICE executed upon defendant John R. Gillentine on 11/23/01; served personally @ 11965 Brockwell (YDS)
September 4, 2002 Filing 116 RETURN OF SERVICE executed upon defendant Henry Hart on 11/23/01; served personally @ 2716 Juneway (YDS)
September 3, 2002 Opinion or Order Filing 115 ORDER GRANTING MOTION FOR AN EXTENSION OF TIME TO ANSWER DISCOVERY by Judge Bernice B. Donald granting motion to extend time to answer discovery for 30 days [99-1]; dft Reaves Sweeney Marcom is granted an additional 30 days in which to file answers and objections to pla's first set of discovery. (cc: all counsel) (YDS)
August 30, 2002 Filing 114 CERTIFICATE of Service by plaintiff Memphis Center (YDS)
August 30, 2002 Filing 113 CERTIFICATE of Consultation by plaintiff Memphis Center re motion for leave to amend complaint [111-1] (YDS)
August 30, 2002 Filing 112 MEMORANDUM by plaintiff Memphis Center in support of motion for leave to file second amended complaint [111-1] (YDS)
August 30, 2002 Filing 111 MOTION by plaintiff Memphis Center for leave to file second amended complaint (YDS)
August 29, 2002 Filing 110 MEMORANDUM by plaintiff Memphis Center, intervenor plaintiff United States in support of motion for leave to amend complaint in intervention [107-1] (YDS)
August 29, 2002 Filing 109 CERTIFICATE of Service by intervenor plaintiff United States (YDS)
August 29, 2002 Filing 108 CERTIFICATE of Consultation by intervenor plaintiff United States re motion for leave to amend [107-1] (YDS)
August 29, 2002 Filing 107 MOTION by intervenor plaintiff United States for leave to amend complaint in intervention (YDS)
August 28, 2002 Filing 106 RESPONSE by intervenor plaintiff United States to motion to extend time to answer discovery for 30 days [99-1] (YDS)
August 27, 2002 Filing 105 CERTIFICATE of Service by intervenor plaintiff United States (YDS)
August 27, 2002 Filing 104 MEMORANDUM by intervenor plaintiff United States in support of memorandum in opposition to motion for leave to file third-party complaint [103-1] (YDS)
August 27, 2002 Filing 103 MEMORANDUM by intervenor plaintiff United States in opposition to motion for leave to file a third party complaint [100-1] (YDS)
August 20, 2002 MAIL Returned [98-1] addressed to Alan Harkavy; return to sender, moved (YDS)
August 16, 2002 Filing 102 CERTIFICATE of Consultation by defendant Reaves Sweeney (YDS)
August 13, 2002 Filing 101 MEMORANDUM by defendant Makowsky Constr in support of motion for leave to file a third party complaint [100-1] (YDS)
August 13, 2002 Filing 100 MOTION by defendant Makowsky Constr for leave to file a third party complaint w/exhibit attached (YDS)
August 13, 2002 Filing 99 MOTION by defendant Reaves Sweeney to extend time to answer discovery for 30 days (YDS)
August 8, 2002 Opinion or Order Filing 98 ORDER DENYING DEFENDANT'S MOTION TO QUASH by Mag Judge James H. Allen denying motion to quash the request for admissions propounded by the pla, USA [87-1], finding the motion to extend time to respond to discovery [87-2] moot; while it is true that 882 requests for admissions sounds excessive, if in fact there are that may specific violations...a more efficient use of resources would be to require Makowsky to investigate these matters and admit (or deny) these requests. Therefore, Makowsky must respond to these requests w/i 30 days of the docketing of this order. (cc: all counsel) (YDS) Modified on 08/08/2002
August 7, 2002 MAIL Returned [96-1] addressed to Alan Harkavy; return to sender, attempted not known (YDS)
July 31, 2002 Filing 97 THIRD-PARTY COMPLAINT: by defendant Makowsky Constr; adding A.C. Electric Co, Ellendale Electric, Raleigh Plumbing Co, Morris Heating & Air, Air Conditioning, Corzine Mechanical (YDS)
July 31, 2002 THIRD PARTY SUMMONS issued as to third-party defendant Morris Heating & Air (YDS)
July 31, 2002 THIRD PARTY SUMMONS issued as to third-party defendant Air Conditioning (YDS)
July 31, 2002 THIRD PARTY SUMMONS issued as to third-party defendant Ellendale Electric (YDS)
July 31, 2002 THIRD PARTY SUMMONS issued as to third-party defendant Corzine Mechanical (YDS)
July 31, 2002 THIRD PARTY SUMMONS issued as to third-party defendant Raleigh Plumbing Co (YDS)
July 31, 2002 THIRD PARTY SUMMONS issued as to third-party defendant A.C. Electric Co (YDS)
July 31, 2002 Opinion or Order Filing 96 ORDER by Judge Bernice B. Donald granting motion to extend time to file amendments to plaintiff's complaint to 8/30/02 [94-1] (cc: all counsel) (YDS)
July 30, 2002 Filing 95 MEMORANDUM by intervenor plaintiff United States in support of motion to extend time to file amendments to plaintiff's complaint to 8/30/02 [94-1] (YDS)
July 30, 2002 Filing 94 MOTION by intervenor plaintiff United States to extend time to file amendments to plaintiff's complaint to 8/30/02 (YDS)
July 29, 2002 Filing 93 RULE 26(a)(2) Disclosures of Expert Testimony by United States (YDS)
July 3, 2002 Filing 92 CERTIFICATE of Consultation by defendant Makowsky Constr (YDS)
June 28, 2002 Filing 91 RESPONSE by defendant Makowsky Constr to [89-1] (YDS)
June 26, 2002 Filing 90 MEMORANDUM by intervenor plaintiff United States in support of memorandum in opposition to motion to quash [89-1] (YDS)
June 26, 2002 Filing 89 MEMORANDUM by intervenor plaintiff United States in opposition to motion to quash the request for admissions propounded by the pla, USA [87-1], and Reply to motion to extend time to respond to discovery [87-2] (YDS)
June 11, 2002 Opinion or Order Filing 88 ORDER OF REFERENCE by Judge Bernice B. Donald referring to Mag Judge James H. Allen the motion to quash the request for admissions propounded by the pla, USA [87-1], the motion to extend time to respond to discovery [87-2]; this matter is hereby referred to the US Mag Judge for a Determination. Any exceptions to the Mag Judge's order shall be made by motion w/i 10 days of the order. (cc: all counsel) (YDS)
June 5, 2002 Filing 87 MOTION by defendant Makowsky Constr to quash the request for admissions propounded by the pla, USA , or in the alternative to extend time to respond to discovery (YDS)
June 3, 2002 Opinion or Order Filing 86 ORDER by Judge Bernice B. Donald granting motion for order reassigning a new Magistrate Judge [71-1]; the Clerk is hereby directed to randomly assign the case to a different Mag Judge; reassigned to Magistrate Judge James H. Allen (cc: all counsel) (YDS)
May 31, 2002 Filing 85 NOTICE OF ATTORNEY APPEARANCE for defendants Belz Investco, LP, Belz Investco, GP, Makowsky Ringel, Penn Investors, Inc by Warren D. McWhirter (YDS)
May 28, 2002 MAIL Returned [84-1] addressed to Alan Harkavy; return to sender, attempted not known (YDS)
May 21, 2002 Opinion or Order Filing 84 CONSENT ORDER SUBSTITUTING COUNSEL by Judge Bernice B. Donald : granting motion to substitute attorney Warren McWhirter in place of Leo Bearman [81-1]; terminating attorney Leo Maurice Bearman Jr. for MRB-Stonebridge, for MRB Windyke, LP and substituting attorney Warren D. McWhirter (cc: all counsel) (YDS)
May 21, 2002 Filing 83 LETTER as to defendant Reaves Sweeney from attorney of record William Jeter concerning conflict w/Settlement Conference scheduled for 6/3/02 @ 12:00pm before Judge Friedman (YDS)
May 20, 2002 Filing 82 CERTIFICATE of Consultation by defendants MRB Windyke, LP, MRB-Stonebridge re Motion to Substitute [81-1] (YDS)
May 20, 2002 Filing 81 MOTION by defendants MRB Windyke, LP, MRB-Stonebridge to substitute attorney Warren McWhirter in place of Leo Bearman (YDS)
April 23, 2002 Filing 80 SETTING LETTER settlement conference set for 1:00 6/3/02 (& if necessary, 6/4/02) before Judge Bernard Friedman; (BAG)
April 15, 2002 MAIL Returned [79-1] addressed to Alan Harkavy; return to sender, no forward order on file (YDS)
April 8, 2002 MAIL Returned [78-1] addressed to Alan Harkavy; return to sender, moved left no address (YDS)
April 5, 2002 MAIL Returned [77-1] addressed to Alan Harkavy; return to sender, unable to forward (YDS)
March 28, 2002 Opinion or Order Filing 79 ORDER OF REFERENCE by Judge Bernice B. Donald: This cause is hereby referred to Judge Bernard Friedman for mediation. (cc: all counsel) (EHG)
March 28, 2002 Opinion or Order Filing 78 ORDER WITHDRAWING ORDER OF REFERENCE by Judge Bernice B. Donald : The court hereby withdraws its 3/27/01 order referring this matter to the Magistrate Judge for a settlement conference. (withdrawing order [16-1]) (cc: all counsel) (EHG)
March 27, 2002 Opinion or Order Filing 77 ORDER WITHDRAWING ORDER OF REFERENCE FOR PRIVATE MEDIATION by Judge Bernice B. Donald withdrawing order [59-1] ; On 11/29/01, the court entered an order referring this matter to the private mediation panel. The court hereby w/draws its Order of Reference for private mediation. (cc: all counsel) (YDS)
March 27, 2002 Filing 76 ANSWER by defendant Reaves Sweeney to Complaint in Intervention [39-1] (YDS)
March 27, 2002 Filing 75 ANSWER by defendant Reaves Sweeney to Amended Complaint [38-1] (YDS)
March 26, 2002 Opinion or Order Filing 74 ORDER by Judge Bernice B. Donald granting motion to reset/modify scheduling order [71-2]; it is Ordered that the following ddls are reset: deposition, interrogatories and requests for admissions ddl 10/30/02; plas' Rule 26 expert information ddl 7/29/02; dfts' Rule 26 expert information ddl 9/30/02; the remaining ddls remain as set in the 11/30/01 Scheduling Order. (cc: all counsel) (YDS)
March 22, 2002 Filing 73 CERTIFICATE of Consultation by plaintiff Memphis Center re Motion for Order Re-Assigning a new Mag Judge [71-1], Motion to Modify Scheduling Order [71-2] (YDS)
March 22, 2002 Filing 72 MEMORANDUM by plaintiff Memphis Center in support of motion for order reassigning a new Magistrate Judge [71-1], of motion to reset/modify scheduling order [71-2] (YDS)
March 22, 2002 Filing 71 UNOPPOSED MOTION by plaintiff Memphis Center for order reassigning a new Magistrate Judge , to reset/modify scheduling order (YDS)
March 20, 2002 Opinion or Order Filing 70 ORDER OF RECUSAL OF MAGISTRATE JUDGE DIANE K. VESCOVO by Mag Judge Diane K. Vescovo : The clerk is directed to take the appropriate action to reassign this case and to deliver a copy of the March 30, 2001 Order of Reference to the Mag Judge who receives the assignment. (cc: all counsel) (YDS)
February 21, 2002 Filing 69 NOTICE by intervenor plaintiff United States of change of address of counsel: Joan A. Magagna, Jeanine M. Worden, Thomas J. Keary, Deborah A. Gitin, US Department of Justice, 950 Pennsylvania Ave., NW, Civil Rights Division, Housing & Civil Enforcement Section - G St., Washington, DC, 20530 (YDS)
January 15, 2002 Filing 196 MOTION by intervenor plaintiff United States to extend time to file amendment to United States' complaint to join an additional party dft & certificate of consultation (PWM)
January 9, 2002 Filing 68 ANSWER by defendant Henry Hart to [39-1]; jury demand (YDS)
December 28, 2001 Filing 67 ANSWER by defendant John R. Gillentine to Complaint in Intervention [39-1] (YDS)
December 28, 2001 Filing 66 ANSWER by defendant John R. Gillentine to [38-1] (YDS)
December 28, 2001 Filing 65 ANSWER by defendant Archeon, Inc to [38-1] (YDS)
December 28, 2001 Filing 64 ANSWER by defendant Archeon, Inc to Complaint in Intervention [39-1] (YDS)
December 27, 2001 Filing 63 ANSWER by defendant Henry Hart to [38-1]; jury demand (filed w/ exhibit A) (PWM)
December 14, 2001 Filing 62 NOTICE OF ATTORNEY APPEARANCE for defendant Henry Hart by Stephen W. Vescovo (YDS)
December 14, 2001 Filing 61 STIPULATION EXTENDING TIME TO RESPOND TO AMENDED COMPLAINT AND COMPLAINT IN INTERVENTION by defendants Archeon, Inc, John R. Gillentine, plaintiff Memphis Center, intervenor plaintiff United States; the parties hereby stipulate that Archeron and John Gillentine shall have through and including 12/28/01 to serve and file response to Amended Complaint and Complaint in Intervention (YDS)
December 14, 2001 MAIL Returned [35-1] addressed to Alan Harkavy; return to sender, attempted not known (YDS)
December 10, 2001 MAIL Returned [59-1] addressed to Alan Harkavy; return to sender, attempted not known (YDS)
December 10, 2001 MAIL Returned [58-1] addressed to Alan Harkavy; return to sender, forwarding time expired: 80 Monroe Ave. Ste. 700, Memphis, TN, 38103-2467 (YDS)
December 5, 2001 Filing 60 ANSWER by defendant Makowsky Constr to Intervening Complaint [39-1], to Amended Complaint [38-1] (YDS)
December 3, 2001 MAIL Returned [46-1] addressed to Alan Harkavy; return to sender, not deliverable as addressed (YDS)
December 3, 2001 MAIL Returned [43-1] addressed to Alan Harkavy; return to sender; not deliverable as addressed (YDS)
November 29, 2001 Opinion or Order Filing 59 ORDER OF REFERENCE by Judge Bernice B. Donald : This matter is hereby referred to the private mediation panel after reasonable discovery. (cc: all counsel) (YDS)
November 29, 2001 Opinion or Order Filing 58 SCHEDULING ORDER 16(b) Judge Bernice B. Donald ; pretrial motion filing deadline set for 12/31/02 (including motions for summary judgment) ; initial motions to dismiss ddl 3/29/02 Rule 26(a)91) disclosure ddl 1/23/02; document production ddl 9/30/02; deposition, interrogatories and requests for admissions ddl 9/30/02; pla's Rule 26 expert information ddl 6/28//02; dft's Rule 26 expert information ddl 8/30/02; discovery deadline set for 9/30/02; joint pretrial and proposed jury instructions order to be entered on 5/23/03; pretrial conference set for 6/2/03 at 8:30; jury trial set for 7/7/03 at 9:00, est 3 wks; deadline for joining parties set for 4/30/02; deadline for amending pleadings set for 7/31/02; the parties will be referred to private mediation after reasonable discovery. (cc: all counsel) (YDS)
November 28, 2001 Filing 57 MINUTES: Scheduling Conference held on 11/28/01; mediation anticipated by attorney; Rule 26 disclosures not completed; Rule 26(a)(1) disclosure ddl 1/23/02; discovery ddl set 9/30/02; pla(s) experts ddl 6/28/02; dft(s) experts ddl 8/30/02; document production ddl 9/30/02; depos/interr/admissions ddl 9/30/02; initial motions to dismiss ddl 3/29/02; dispositive/summary jgm motion filing ddl set 12/31/02; proposed joint pretrial order ddl 5:00 5/23/03; pretrial conference set 6/2/03; jury trial set 9:00 7/7/03; joining parties ddl 4/30/02; amending pleadings ddl set 7/31/02; parties are to notify court of private mediator on or before 6/28/02 Presiding Judge: Donald PLA Atty: M. Myers, W. Brewer, G. Vanasek, T. Keary, S. Mirage, D. Gitin DFT Atty: J. Richport, J. Jarrett, L. Bearman, T. Kitay by phone, W. Jeter, T. McAllister C/R: Lynn Dudley (YDS)
November 28, 2001 Filing 56 ATTORNEY APPEARANCE for defendant Reaves Sweeney by William M. Jeter (PWM)
November 27, 2001 Filing 55 RETURN OF SERVICE executed upon defendant John R. Gillentine on 11/27/01 by certified mail (YDS)
November 27, 2001 Filing 54 RETURN OF SERVICE executed upon defendant Henry Hart on 11/27/01 by serving Stephen Vescovo by certified mail (YDS)
November 27, 2001 Filing 53 RETURN OF SERVICE executed upon defendants MRB Windyke, LP, Belz Investco, LP, Richard Milton Grant, Grant Investment, Makowsky & Ringel on 11/27/01 by serving Theresa Kitay by certified mail (YDS)
November 27, 2001 Filing 52 RETURN OF SERVICE executed upon defendant Reaves Sweeney on 11/27/01 by serving Sam Reaves by certified mail (YDS)
November 27, 2001 Filing 51 RETURN OF SERVICE executed upon defendant Archeon, Inc on 11/27/01 by serving Jack Schaffer by certified mail (YDS)
November 26, 2001 Filing 50 ANSWER by defendants J. Richard Grant, Milton Grant to Amended Complaint [38-1] (YDS)
November 26, 2001 Filing 49 ANSWER by defendants J. Richard Grant, Milton Grant to Complaint In Intervention [39-1] (YDS)
November 26, 2001 Filing 48 ANSWER by defendants Penn Investors, Inc, Makowsky Ringel, MRB Windyke, LP, MRB-Stonebridge, Belz Investco, LP, Belz Investco, GP [38-1] (YDS)
November 26, 2001 Filing 47 ANSWER by defendants Penn Investors, Inc, MRB-Stonebridge to Complaint in Intervention [39-1] (YDS)
November 15, 2001 Opinion or Order Filing 46 ORDER SUBSTITUTING COUNSEL by Judge Bernice B. Donald granting motion to substitute attorney Leo Bearman in place of Alan M. Harkavy [44-1] withdrawing attorney Alan Harkavy for MRB Windyke, LP, MRB-Stonebridge and substituting attorney Leo Maurice Bearman Jr. (cc: all counsel) (YDS)
November 14, 2001 Filing 45 CERTIFICATE of Consultation by defendants MRB Windyke, LP, MRB-Stonebridge re Motion for Substitution [44-1] (YDS)
November 14, 2001 Filing 44 MOTION by MRB Windyke, LP, MRB-Stonebridge to substitute attorney Leo Bearman in place of Alan M. Harkavy (YDS)
November 14, 2001 Opinion or Order Filing 43 ORDER by Judge Bernice B. Donald granting motion to extend time to file plas' expert report [40-1]; the plas are hereby allowed up to and until a time that will be set at the Scheduling Conference of 11/28/01 to make such disclosure. (cc: all counsel) (YDS)
November 9, 2001 Filing 42 CERTIFICATE of Consultation by intervenor plaintiff United States re Motion to Extend [40-1] (YDS)
November 9, 2001 Filing 41 MEMORANDUM by intervenor plaintiff United States in support of motion to extend time to file plas' expert report [40-1] (YDS)
November 9, 2001 Filing 40 MOTION by intervenor plaintiff United States to extend time to file plas' expert report (YDS)
November 9, 2001 SUMMONS issued as to defendant John R. Gillentine (YDS)
November 9, 2001 SUMMONS issued as to defendant Reaves Sweeney c/o Sam Reaves (YDS)
November 9, 2001 SUMMONS issued as to defendant Makowsky Constr c/o Gary Makowsky (YDS)
November 9, 2001 SUMMONS issued as to defendant Archeon, Inc c/o Jack Schaffer (YDS)
November 9, 2001 SUMMONS issued to Stephen W. Vescovo o/b/o defendant Henry Hart (YDS)
November 9, 2001 SUMMONS issued to Theresa Kitay o/b/o defendants MRB Windyke, LP, Makowsky & Ringel, Belz Investco, LP, Grant Investment, Richard Milton Grant (YDS)
November 9, 2001 Filing 39 INTERVENOR'S COMPLAINT by intervenor plaintiff United States (YDS)
November 7, 2001 SUMMONS issued as to defendant Makowsky Constr c/o Gary Makowsky (YDS)
November 7, 2001 SUMMONS issued as to defendant Makowsky Ringel c/o Michael H. Greenberg (YDS)
November 7, 2001 SUMMONS issued as to defendant MRB-Stonebridge c/o Jan Realty (YDS)
November 7, 2001 SUMMONS issued as to defendant Reaves Sweeney c/o Sam Reaves (YDS)
November 7, 2001 SUMMONS issued as to defendant Archeon, Inc c/o Jack Schaffer (YDS)
November 7, 2001 SUMMONS issued as to defendant John R. Gillentine (YDS)
November 7, 2001 SUMMONS issued as to defendant Milton Grant (YDS)
November 7, 2001 SUMMONS issued as to defendant Henry Hart (YDS)
November 7, 2001 SUMMONS issued as to defendant Penn Investors, Inc (YDS)
November 7, 2001 SUMMONS issued as to defendant J. Richard Grant (YDS)
November 6, 2001 Filing 38 AMENDED COMPLAINT [1-1] for Declaratory Judgment, Injunctive Relief and Damages by plaintiff Memphis Center terminating defendants Grant Investment, Makowsky & Ringel; adding Archeon, Reaves Sweeney, Penn Investors, Inc, J. Richard Grant, Milton Grant, John R. Gillentine, Henry Hart, MRB-Stonebridge, Makowsky Ringel, Makowsky Construction (YDS) Modified on 11/08/2001
November 6, 2001 Opinion or Order Filing 37 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE COMPLAINT AND MODIFY THE SCHEDULING ORDER by Judge Bernice B. Donald granting motion for leave to amend the complaint [29-1], granting motion to request a new scheduling conference and to modify the scheduling order [29-2]; pla is granted leave to amend its complaint and add parties. Furthermore, the ddls, beginning w/the disclosure of pla's expert on 10/14/01, will be moved by 30 days, pending further orders of the court ; scheduling conference set for 9:30 11/28/01 (cc: all counsel) (YDS)
November 6, 2001 Opinion or Order Filing 36 ORDER by Judge Bernice B. Donald granting motion to intervene [25-1]; the US' Complaint in Intervention is deemed filed as of this date. (cc: all counsel) (YDS)
October 31, 2001 Filing 35 SETTING LETTER : settlement conference set for 9:30 3/28/02, Rm 341 (YDS)
October 22, 2001 MAIL Returned [32-1] addressed to Alan Harkavy; return to sender, Harkvay Shainberg Kosten Kaplan Duns, 80 Monroe Ave., Ste 700, Memphis, TN, 38103-2467 (YDS)
October 19, 2001 Filing 34 AMENDED CERTIFICATE of Service by intervenor plaintiff United States (YDS)
October 17, 2001 Filing 33 AMENDED CERTIFICATE of Service by intervenor plaintiff United States re Motion to Intervene (YDS)
October 11, 2001 Opinion or Order Filing 32 ORDER by Judge Bernice B. Donald granting motion for attorney Jeanine M. Worden, Thomas J. Keary, Deborah A. Gitin to appear pro hac vice [28-1] to represent the United States. (cc: all counsel) (YDS)
October 10, 2001 Filing 31 CERTIFICATE of Consultation by plaintiff Memphis Center re Motion for Leave to Amend [29-1], Motion for New Scheduling Conference and to Modify Scheduling Order [29-1] (YDS)
October 10, 2001 Filing 30 MEMORANDUM by plaintiff Memphis Center in support of motion for leave to amend the complaint [29-1], of motion to request a new scheduling conference and to modify the scheduling order [29-2] (YDS)
October 10, 2001 Filing 29 MOTION by plaintiff Memphis Center for leave to amend the complaint , and to request a new scheduling conference and to modify the scheduling order (YDS)
October 9, 2001 Filing 28 MOTION by intervenor plaintiff United States for attorney Jeanine M. Worden, Thomas J. Keary, Deborah A. Gitin to appear pro hac vice (YDS)
October 9, 2001 Filing 27 CERTIFICATE of Consultation by intervenor plaintiff United States re Motion to Intervene [25-1] (YDS)
October 9, 2001 Filing 26 MEMORANDUM of Facts and Law by intervenor plaintiff United States in support of motion to intervene [25-1] (YDS)
October 9, 2001 Filing 25 MOTION by United States to intervene w/complaint attached (YDS)
July 13, 2001 Opinion or Order Filing 24 ORDER GRANTING STAY OF DISCOVERY AND MODIFYING THE RULE 16(b) SCHEDULING ORDER by Judge Bernice B. Donald granting motion to stay of discovery [23-1], granting motion to amend scheduling order [23-2] discovery ddl set 3/14/02; pretrial motion filing ddl set 5/29/02; document production ddl 2/12/02; depositions, interrogatories and requests for admissions ddl 2/12/02; pla's Rule 26 expert information ddl 10/14/01; dfts' Rule 26 expert information ddl 11/14/01; joining parties ddl set 10/28/01; amending pleadings set 11/29/01 (cc: all counsel) (YDS)
July 12, 2001 Filing 23 MOTION by plaintiff Memphis Center to stay of discovery , and to amend scheduling order (YDS)
June 22, 2001 Opinion or Order Filing 22 ORDER MODIFYING RULE 16(b) SCHEDULING ORDER by Judge Bernice B. Donald granting motion to reset/modify scheduling order [19-1] adding parties ddl reset 7/30/01 (cc: all counsel) (YDS)
May 24, 2001 Filing 21 CERTIFICATE of Consultation of Counsel by plaintiff Memphis Center re Motion to Reset/Modify Scheduling Order [19-1] (YDS)
May 24, 2001 Filing 20 MEMORANDUM by plaintiff Memphis Center in support of motion to reset/modify scheduling order [19-1] (YDS)
May 24, 2001 Filing 19 MOTION by plaintiff Memphis Center to reset/modify scheduling order (YDS)
April 6, 2001 Filing 18 SETTING LETTER : settlement conference set for 9:30 1/8/02, Rm 341 (YDS)
March 27, 2001 Filing 17 MINUTES: Scheduling Conference held on 3/27/01; parties did not consent to proceed before Mag Judge; Rule 26 disclosure ddl 4/5/01; discovery ddl set 5/14/02; pla's experts ddl 7/16/01; dft;s experts ddl 8/16/01; dispositive/summary jgm motion filing ddl set 2/28/02; initial motions to dismiss ddl 6/28/01; joint pretrial order ddl 5:00 9/3/02; pretrial conference set 8:45 9/9/02; jury trial set 9:00 9/30/02, est 5 days; joining parties ddl 5/29/01; amending pleadings ddl set 8/31/01; motions in limine bar date 9/4/02; case to be referred to Mag Judge after reasonable settlement negotiations; Department of Justice may intervene, if so, scheduling can be modified accordingly Presiding Judge: Donald PLA Atty: M. Myers/W. Brewer/D. Scruggs DFT Atty: J. Houseal/A. Harkavy/T. Kitay C/R: none present (YDS)
March 27, 2001 Opinion or Order Filing 16 ORDER OF REFERENCE by Judge Bernice B. Donald : This matter is hereby referred to the US Mag Judge for a settlement conference after reasonable discovery. (cc: all counsel) (YDS) Modified on 03/21/2002
March 27, 2001 Opinion or Order Filing 15 SCHEDULING ORDER 16(b) Judge Bernice B. Donald ; pretrial motion filing deadline set for 2/28/02 (including motions for summary jgm) ; initial motions to dismiss ddl 6/28/01 ; discovery deadline set for 12/14/01 ; Rule 26 disclosure ddl 4/5/01 ; document production ddl 11/14/01 ; depositions, interrogatories and requests for admissions ddl 11/14/01 ; pla's Rule 26 expert information ddl 7/16/01 ; dft's Rule 26 expert information ddl 8/16/01 ; proposed jury instructions and joint pretrial order to be entered on 9/3/02 ; pretrial conference set for 9/9/02 at 8:45 ; jury trial set for 9/30/02 at 9:00, est 5 days ; deadline for joining parties set for 5/28/01 ; deadline for amending pleadings set for 8/31/01 ; motions in limine ddl 9/4/02 ; the parties will be referred to the Mag Judge for a settlement conference after reasonable discovery. (cc: all counsel) (YDS)
March 7, 2001 Filing 14 NOTICE OF ENTRY OF ATTORNEY APPEARANCE for plaintiff Memphis Center by Webb A. Brewer (YDS)
March 2, 2001 Opinion or Order Filing 13 ORDER GRANTING MOTION FOR SPECIAL ADMISSION PRO HAC VICE by Judge Bernice B. Donald granting motion for attorney Theresa Kitay to appear pro hac vice [10-1] (cc: all counsel) (YDS)
March 2, 2001 Filing 8 SETTING LETTER : scheduling conference set for 10:00 3/27/01, Courtroom 2 (YDS)
March 1, 2001 Filing 12 ANSWER by defendants MRB Windyke, LP, Makowsky & Ringel, Belz Investco, LP, Belz Investco, GP to [1-1] (YDS)
March 1, 2001 Filing 11 CERTIFICATE of Service by defendants Grant Investment, Richard Milton Grant (YDS)
March 1, 2001 Filing 10 MOTION by defendants Grant Investment, Richard Milton Grant for attorney Theresa Kitay to appear pro hac vice (YDS)
March 1, 2001 Filing 9 ANSWER by defendant Grant Investment, defendant Richard Milton Grant to [1-1] (YDS)
March 1, 2001 PRO HAC VICE FEE PAID: in the amount of $ 100.00 receipt # 062697 by Armstrong Allen (YDS)
February 16, 2001 Filing 7 RETURN OF SERVICE executed upon defendant Belz Investco, GP on 2/12/01; served personally by serving John Bartlett @ 1683 Shelby Oaks Drive (YDS)
February 16, 2001 Filing 6 RETURN OF SERVICE executed upon defendant Richard Milton Grant on 2/12/01; served personally by serving Patricia Rook, Office Mgr. @ 1655 International Drive (YDS)
February 16, 2001 Filing 5 RETURN OF SERVICE executed upon defendant Grant Investment on 2/12/01; served personally by serving Patricia Rook, Officer Mgr @ 1655 International Drive (YDS)
February 16, 2001 Filing 4 RETURN OF SERVICE executed upon defendant MRB Windyke, LP on 2/12/01; served personally by serving Michael Greenberg @ 1010 June Road (YDS)
February 16, 2001 Filing 3 RETURN OF SERVICE executed upon defendant Belz Investco, LP on 2/8/01; served personally by serving Andrea Bienstock @ 100 Peabody Place (YDS)
February 16, 2001 Filing 2 RETURN OF SERVICE executed upon defendant Makowsky & Ringel on 2/9/01; served personally @ 80 Monroe (YDS)
January 25, 2001 Filing 1 COMPLAINT (Summons(es) issued) Receipt #: 061982; Filing fee $ 150.00; Violation of Fair Housing Act of 1968 as to the Disable (YDS)
January 25, 2001 SUMMONS issued as to defendant Grant Investment (YDS)
January 25, 2001 SUMMONS issued as to defendant Richard Milton Grant (YDS)
January 25, 2001 SUMMONS issued as to defendant Belz Investco, GP (YDS)
January 25, 2001 SUMMONS issued as to defendant Makowsky & Ringel (YDS)
January 25, 2001 SUMMONS issued as to defendant MRB Windyke, LP (YDS)
January 25, 2001 SUMMONS issued as to defendant Belz Investco, LP (YDS)

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Search for this case: Memphis Center v. MRB Windyke, LP, et al
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Not classified by court: James Allen
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Not classified by court: James H. Allen
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Plaintiff: Memphis Center for Independent Living
Represented By: David Rodney Scruggs
Represented By: Margaret R. Barr-Myers
Represented By: Webb A. Brewer
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Intervenor plaintiff: United States of America
Represented By: Steven H. Rosenbaum
Represented By: Susan Buckingham Reilly
Represented By: Ming-Yuen Meyer-Fong
Represented By: Thomas J. Keary
Represented By: Sara Lewenberg Niles
Represented By: Gary A. Vanasek
Represented By: Deborah A. Gitin
Represented By: Harriett M. Halmon
Represented By: Jeanine M. Worden
Represented By: Kevin Kijewski
Represented By: Michael S. Maurer
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Defendant: MRB Windyke, LP
Represented By: Leo Maurice Bearman, Jr.
Represented By: Alan Harkavy
Represented By: Theresa L. Kitay
Represented By: Warren D. McWhirter
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Defendant: Makowsky & Ringel, Inc.
Represented By: Alan Harkavy
Represented By: Theresa L. Kitay
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Defendant: Belz Investco, LP
Represented By: Alan Harkavy
Represented By: Leo Maurice Bearman, Jr.
Represented By: Theresa L. Kitay
Represented By: Warren D. McWhirter
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Defendant: Belz Investco, GP
Represented By: Leo Maurice Bearman, Jr.
Represented By: Alan Harkavy
Represented By: Theresa L. Kitay
Represented By: Warren D. McWhirter
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Defendant: Grant Investment Properties, PC
Represented By: Theresa L. Kitay
Represented By: John I. Houseal, Jr.
Represented By: Jeffery A. Jarratt
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Defendant: Richard Milton Grant Company
Represented By: John I. Houseal, Jr.
Represented By: Jeffery A. Jarratt
Represented By: Theresa L. Kitay
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Defendant: Archeon, Inc
Represented By: John S. Richbourg
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Defendant: Reaves Sweeney Marcom, Inc.
Represented By: William M. Jeter
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Defendant: Penn Investors, Inc
Represented By: Leo Maurice Bearman, Jr.
Represented By: Theresa L. Kitay
Represented By: Warren D. McWhirter
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Defendant: J. Richard Grant
Represented By: John I. Houseal, Jr.
Represented By: Jeffery A. Jarratt
Represented By: Leo Maurice Bearman, Jr.
Represented By: Theresa L. Kitay
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Defendant: Milton Grant
Represented By: Theresa L. Kitay
Represented By: John I. Houseal, Jr.
Represented By: Jeffery A. Jarratt
Represented By: Leo Maurice Bearman, Jr.
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Defendant: John R. Gillentine
Represented By: John S. Richbourg
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Defendant: Henry Hart
Represented By: Stephen W. Vescovo
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Defendant: Makowsky Construction Company, Inc.
Represented By: Marcy Dodds Magee
Represented By: Dawn Davis Carson
Represented By: Robert L. Moore
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Defendant: Makowsky Ringel Greenberg, LLC
Represented By: Theresa L. Kitay
Represented By: Leo Maurice Bearman, Jr.
Represented By: Warren D. McWhirter
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Defendant: MRB-Stonebridge, L.P.
Represented By: Theresa L. Kitay
Represented By: Warren D. McWhirter
Represented By: Leo Maurice Bearman, Jr.
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Defendant: JAN Realty, Inc.
Represented By: Theresa L. Kitay
Represented By: Warren D. McWhirter
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Defendant: Belz/South Bluffs, Inc.
Represented By: Theresa L. Kitay
Represented By: Warren D. McWhirter
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Defendant: Jack A. Belz doing business as Belz Enterprises
Represented By: Richard Glassman
Represented By: Tameka Nicohl Turner-Perry
Represented By: Theresa L. Kitay
Represented By: Warren D. McWhirter
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Defendant: Ronald A. Belz doing business as Belz Enterprises
Represented By: Richard Glassman
Represented By: Tameka Nicohl Turner-Perry
Represented By: Theresa L. Kitay
Represented By: Warren D. McWhirter
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Defendant: Jerome H. Hanover doing business as Belz Enterprises
Represented By: Tameka Nicohl Turner-Perry
Represented By: Theresa L. Kitay
Represented By: Richard Glassman
Represented By: Warren D. McWhirter
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Defendant: Richard and Milton Grant Company
Represented By: John I. Houseal, Jr.
Represented By: Jeffery A. Jarratt
Represented By: Theresa L. Kitay
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Defendant: Henry Hart Engineering Company, P.C.
Represented By: Stephen W. Vescovo
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Defendant: Parker, Estes & Associates, Inc.
Represented By: Prineet D. Sharma
Represented By: Richard E. Mitchell
Represented By: Jeffrey D. Keiner
Represented By: Stephen H. Biller
Represented By: Joel E. Roberts
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Defendant: W.H. Porter and Company
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3rd party defendant: A.C. Electric Company, Inc
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3rd party defendant: Ellendale Electric Company, Inc
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3rd party defendant: Raleigh Plumbing Company, Inc
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3rd party defendant: Morris Heating and Air Conditioning
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3rd party defendant: Air Conditioning and Heating Unlimited
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3rd party defendant: Corzine Mechanical Contractors, Inc.
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