Veeck v. Southern Bldg Code
| Peter Veeck |
| Southern Building Code Congress International Inc |
| Henry H Perritt, Jr and National Fire Protection Association Inc |
| Clyde Moody Siebman |
| 4:1998cv00063 |
| March 4, 1998 |
| US District Court for the Eastern District of Texas |
| David Folsom |
| Copyright |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on August 15, 2005. A more recent docket listing may be available from PACER.
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| Shipped to FRC, Accession Number 021-03-0474, Location 5-40-221-5-5, Box 4 of 42. [For internal information only - case is either pending and imaged or closed.] (snh, ) |
| Filing 127 Final JUDGMENT in favor of Pltf Peter Veeck declaring that he did not infringe SBCCI's copyright by publishing the codes of Anna and Savoy Texas on the Internet. Pltf's claim for attys fees and costs is dismissed with prejudice. Any motion not previously ruled on is denied. Signed by Judge David Folsom on 7/15/04. cc:attys on 7/20/04(ttm, ) |
| Filing 126 JOINT MOTION to Dismiss with prejudice by Southern Building Code Congress International Inc, Peter Veeck. (lhj, ) |
Filing 125
ORDER that the parties have selected Clyde Siebman to mediate the attys fees raised in pltf motion for final judgmem. Denying without prejudice to refiling #113 Motion for Attorney Fees, terminating #117 Motion attorney fees, terminating 120 Motion attorney fees . Signed by Judge David Folsom on 2/27/04. faxed to attys by Judges staff (ttm, )
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Filing 124
ORDER denying #109 Motion for final judgment . Signed by Judge David Folsom on 2/27/04. cc attys on 2/27/04 (snh, )
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Filing 123
ORDER granting #122 Motion to appoint Clyde Siebman as mediator. To the extent counsel's and Mr. Siebman's schedule permits, mediation of the remaining issues in this case should be completed within 30 days. Signed by Judge David Folsom on 2/18/04. cc: attys 2/23/04 (baf, )
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| Filing 122 MOTION for appointment of mediator by Southern Building Code Congress International Inc, Peter Veeck. (ttm, ) |
| Filing 121 Minutes Re: hearing on Plfs motion for final judgment by Judge David Folsom on 12/17/03 (Ct rep/ECRO: Libby Crawford) (mrm) |
| Filing 120 Reply by Peter Veeck to response to [113-1] motion for attorney fees (raf) |
| Filing 118 Fax noticing receipt of document # 116 to attorney Henry H Perritt Jr for movant Henry H Perritt Jr, Robert J Veal for defendant Southern Bldg Code 11/3/03 varied times. (mrm) |
| Filing 119 Affidavit by Malla Pollack as to Peter Veeck Re: [113-1] motion for attorney fees (sjs) |
| Filing 116 Notice of Hearing: reset motion hearing to 10:00 12/17/03 for [109-1] motion for final judgment (before Judge David Folsom) sent to pty attys of record (mrm) |
| Filing 115 Defendant's Supplemental citation of authority and opposition to certain fees claimed by plaintiff (sjs) |
| Filing 117 Joint MOTION by Peter Veeck, Southern Bldg Code regarding status conference (sjs) |
| Filing 114 Response by Southern Bldg Code to [113-1] motion for attorney fees (sjs) |
| Filing 113 MOTION by Peter Veeck for attorney fees (sjs) |
| Filing 112 Fax noticing receipt of document # 111 to attorney Damon Young for movant National Fire, Robert J Veal for defendant Southern Bldg Code 10/2/03 varied times. (mrm) |
| Filing 111 Notice of Hearing: Motion hearing set for 3:00 11/5/03 for [109-1] motion for final judgment sent to pty attys of record (mrm) |
| Filing 110 Response by Southern Bldg Code to [109-1] motion for final judgment (sjs) |
| Filing 109 MOTION by Peter Veeck for final judgment (sjs) |
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Filing 108
ORDER granting [107-1] motion to stay proceedings pending resolution of the petition for certiorari filed in the Supreme Court ( signed by Judge David Folsom ) cc:pltf,attys on 10/16/02 (sjs)
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| Filing 107 MOTION by Southern Bldg Code to stay proceedings pending resolution of the petition for certiorari filed in the Supreme Court (cured defiency on 9/26/02) (sjs) |
| Mail returned to atty Robert J Veal: [106-1] order set status conference for 10:00 10/2/02 before Judge David Folsom, [105-1] order addressed to atty for Southern Bldg Code (tls) |
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Orders 105 and 106 re-mailed to Robert Veal at address taken off of Fifth Circuit website: Burr & Forman, 420 N 20th Street, Suite 3100, S. Trust Tower, Birmingham AL 35203 with note to atty to send us a change of address (tls)
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| Record returned from the Fifth Circuit Court of Appeals (tls) |
| Record returned to the Fifth Circuit pursuant to their request. (tls) |
| Received a phone call from Sarah Holmes at the Fifth Circuit requesting that I send the ROA back to the Fifth Circuit. (tls) |
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Filing 106
ORDER, set status conference for 10:00 10/2/02 before Judge David Folsom (signed by Judge David Folsom) cc:attys on 8/1/02 (filed in Texarkana on 7/30/02; rec'd in Sherman on 8/1/02) (tls)
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Filing 105
ORDER: Pursuant to the Opinion issued by the Fifth Circuit on 6/7/02, the Court hereby orders that all claims of Southern Building Code Congress are dismissed with prejudice (signed by Judge David Folsom) cc:attys on 8/1/02 (filed in Texarkana on 7/30/02; rec'd in Sherman on 8/1/02) (tls)
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| Filing 104 Certified copy of judgment of USCA reversing and remanding USCA #:99-40695. The jgm of the District Court is reversed and the cause is remanded to the District Court with instructions to dismiss SBCCI's claims. Appellee is ordered to pay appellant the costs on appeal to be taxed by the Clerk of the Court of Appeals (tls) |
| Record on appeal returned from U.S. Court of Appeals: (tls) |
| Certified and transmitted record on appeal to U.S. Court of Appeals: [103-1] appeal with certified docket sheet and transmittal ltr. cc:attys with docket sheet and transmittal ltr (tls) |
| Certified, updated docket sheet mailed to Fifth Circuit. (tls) |
| USCA appeal fee: Paid #105.00; receipt #90262 [103-1] appeal (tls) |
| Fifth Circuit 99-40632 (tls) |
| Filing 103 (Amended) Notice of appeal by Peter Veeck of [101-1] order for attorney fees, [96-1] order. Fee Status: not paid (certified notice of appeal and docket sheet sent to Fifth Circuit) Appeal record due on 7/6/99 cc:attys with ntc of appeal, transmittal ltr; transcript order to Eric Weisberg (tls) |
| Filing 102 Final Judgment for Southern Bldg Code against Peter Veeck. Peter Veeck d/b/a Regional Web shall be permanently enjoined from future infringement of SBCCI's copyrighted works. Peter Veeck is to immediately remove all SBCCI copyrighted materials from any location he has placed those materials in the public via the Internet. The Court awards $2500 in statutory damages to SBCCI. SBCCI is entitled to attys' fees of $31,606.00 for Robert Veal and $1,860.00 for Peter Munson. Any motion not previously ruled upon is denied. (signed by Judge David Folsom on 5/24/99) cc:attys on 5/27/99 (tls) |
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Filing 101
ORDER, for attorney fees . The Court finds that the requested fee should be reduced by 40 percent of the amount requested. It is ordered counsel for SBCCI are entitled to the following amounts in attys' fees from Pltf: Robert J Veal $31,606.00; Peter K Munson, $1,860.00. (signed by Judge David Folsom on 5/24/99) cc:attys on 5/27/99 (tls)
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| Updated docket sheet mailed to Fifth Circuit Court of Appeals. (tls) |
| Updated docket sheet forwarded to Fifth Circuit with transmittal letter. (tls) |
| USCA appeal fee: Paid $105.00; Receipt #87911 [100-1] appeal (tls) |
| Filing 100 Notice of appeal by Peter Veeck of [96-1] order. Fee Status: not paid (certified notice of appeal and docket sheet sent to Fifth Circuit with transmittal ltr) Appeal record due on 5/19/99 cc:attys with ntc of appeal, transmittal ltr, transcript order to pltf's atty (tls) |
| Filing 99 Response by Peter Veeck to [98-1] affidavit, [97-1] affidavit re: fees (tls) |
| Filing 98 Affidavit by Peter K Munson, local counsel for Southern Bldg Code, Re: atty's fees (tls) |
| Filing 97 Affidavit by Southern Bldg Code in support of award of attorney's fees (tls) |
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Filing 96
Memorandum Opinion and Order granting [59-1] motion for summary judgment, denying [21-1] motion for summary judgment. A final jgm will be entered in favor of the Deft/Counterclaimant. Deft/Counterclaimant shall submit affidavits on the issue of an appropriate attys' fee award within 10 days from the date of this Order. Pltf shall submit affidavits on the same issue within 5 days after the Deft's submission (signed by Judge David Folsom on 3/22/99) cc:attys on 3/25/99 (tls)
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| Filing 95 Motion by Southern Bldg Code to strike [86-1] motion for summary judgment to SBCCI's amended cntclm on the license issue (tls) |
| Filing 94 Motion by Southern Bldg Code to strike [85-1] answer (tls) |
| Filing 93 Reply by Southern Bldg Code to response to [83-1] motion for summary judgment on Count VII of amd counterclaim (tls) |
| Filing 92 Response by Southern Bldg Code to [86-1] motion for summary judgment to SBCCI's amended cntclm on the license issue (tls) |
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Filing 91
ORDER granting [82-1] motion to continue trial (signed by Judge David Folsom on 2/28/99) cc:attys on 3/3/99 (tls)
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| Terminated document #88 as moot (tls) |
| Filing 89 Letter from Southern Bldg Code to Judge Folsom (tls) |
| Filing 88 Letter Motion by Southern Bldg Code to continue trial (tls) |
| Filing 90 Affidavit by Peter Veeck Re: [86-1] motion for summary judgment to SBCCI's amended cntclm on the license issue, [86-1] motion response, [21-1] motion for summary judgment (tls) |
| Filing 87 Notice of Deficiency regarding the Affidavit of Peter Veeck Correction should be made by 2/24/99 (no certificate of service) (tls) |
| Filing 86 (Counter) MOTION by Peter Veeck for summary judgment to SBCCI's amended cntclm on the license issue (tls) |
| Filing 85 Answer to amended counterclaim by Peter Veeck (tls) |
| Filing 84 Pretrial Witness list filed by Southern Bldg Code (tls) |
| Filing 83 MOTION by Southern Bldg Code for summary judgment on Count VII of amd counterclaim (tls) |
| Filing 80 Supplemental Witness list filed by Peter Veeck (tls) |
| Filing 82 MOTION by Southern Bldg Code to continue trial (tls) |
| Filing 81 Response by Southern Bldg Code to [76-1] brief (tls) |
| Filing 79 Response by Southern Bldg Code to [78-1] amicus brief (tls) |
| Filing 78 Amicus Brief filed by Henry H Perritt Jr (tls) |
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Filing 77
ORDER granting [75-1] motion for leave to file amicus brief (signed by Judge David Folsom on 1/21/99) cc:attys on 1/26/99 (tls)
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| Filing 76 Response by Peter Veeck to [75-1] motion for leave to file amicus brief (ttm) |
| Filing 75 MOTION by Henry H Perritt Jr for leave to file amicus brief (tls) |
| Filing 74 Supplemental Affidavit by Peter Veeck Re: [21-1] motion for summary judgment (tls) |
| Filing 73 Supplemental brief in support of mot for sum jgm filed by Peter Veeck (tls) |
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Filing 72
ORDER granting [69-1] motion for leave to file supplemental brief and affidavit in support of mot for sum jgm (signed by Judge David Folsom on 12/10/98) cc:attys on 12/21/98 (tls)
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| Filing 71 Amended Counterclaim by Southern Bldg Code against Peter Veeck (tls) |
| Filing 70 Expert Report of Eric Weisberg (tls) |
| Filing 69 MOTION by Peter Veeck for leave to file supplemental brief and affidavit in support of mot for sum jgm (tls) Modified on 12/08/1998 |
| Filing 68 Notice of Deficiency regarding the Expert Report submitted by Eric Weisberg. Correction should be made by 12/15/98 (no certificate of service) (tls) |
| Filing 67 Defendant's Statement Regarding Expert Designation (tls) |
| Filing 66 First Amended Answer to counterclaim by Peter Veeck: amends [17-1] answer (tls) |
| Filing 65 First Amended complaint by Peter Veeck, amending [1-1] complaint (tls) |
| Filing 62 Supplemental Amicus Brief filed by National Fire (sjs) |
| Filing 64 Expert Witness list filed by Peter Veeck (tls) |
| Filing 61 Transcript filed for hearing held on 8/24/98 before Magistrate Judge Robert Faulkner (tls) |
| Filing 59 MOTION by Southern Bldg Code for summary judgment (tls) |
| Filing 57 Response by Peter Veeck to [55-1] brief, to SBCCI's new exhibits, to 60 supplemental brief (tls) Modified on 11/03/1998 |
| Filing 58 Transcript filed for hearing on Pltf's Mot for Sum Jgm held on 10/14/98 (tls) |
| Filing 56 Notice of attorney appearance for National Fire by Damon Young and request for notices (tls) |
| Filing 60 Supplemental Brief filed by Southern Bldg Code (tls) |
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Oral order granting [51-1] motion for leave to file supplemental brief and to exceed page limit from the bench signed by Judge David Folsom (former empl)
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| Filing 55 Amicus Brief filed by National Fire (tls) |
| Filing 54 Exhibit list as to 10/14/98 hrg filed (former empl) |
| Filing 53 Minutes Re: [0-0] motion hearing by Judge David Folsom on 10/14/98 (Ct rep/ECRO: Libby Crawford) (former empl) |
| Motion hearing re: [21-1] motion for summary judgment Motion hearing held before Judge David Folsom Mtn under advisement. (former empl) |
| Filing 51 MOTION by Southern Bldg Code for leave to file supplemental brief and to exceed page limit (tls) |
| Filing 52 Reply by National Fire to response to [48-1] motion for leave to file amicus brief and present oral argument (tls) |
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Filing 50
ORDER granting [48-1] motion for leave to file amicus brief and present oral argument at the time of the hearing on pltf's mot for sum jgm, not to exceed 15 minutes (signed by Judge David Folsom) cc:attys on 10/8/98 (tls)
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| Filing 49 Response by Peter Veeck to [48-1] motion for leave to file amicus brief and present oral argument (tls) |
| Filing 48 Motion by National Fire for leave to file amicus brief and present oral argument (filed in Texarkana 10/2/98; rec'd in Sherman on 10/5/98) (tls) |
| Filing 47 Memorandum adopting the report and recommendation of the United States Magistrate Judge, denying [34-1] supplemental motion for preliminary injunction, denying [10-1] motion for preliminary injunction. The Order referring this case to the Magistrate Judge is vacated (signed by David Folsom on 9/24/98) cc:attys on 9/29/98 (tls) |
| Motion NO LONGER REFERRED TO Magistrate Judge Robert W. Faulkner (tls) |
| Magistrate Report forwarded to Judge David Folsom (former empl) |
| Filing 45 Notice of Hearing: Motion hearing set for 2:00 10/14/98 for [21-1] motion for summary judgment c: ptys (former empl) |
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Filing 63
Docket Control Order setting Amend pleadings by 12/17/98 for Southern Bldg Code, for Peter Veeck, with deft to answer amended pleadings by 12/31/98; Identify trial witnesses by 2/1/99 for Southern Bldg Code, 1/15/99 for Peter Veeck; Expert witness list by 11/19/98 for Southern Bldg Code, 11/12/98 for Peter Veeck; Discovery deadline 12/3/98; Expert witnesses report 12/6/98; Deadline for filing of dispositve and Daubert motions 2/1/99 for Southern Bldg Code, for Peter Veeck, with responses due 2/15/99; Pretrial order and proposed findings of fact and conclusions of law to be submitted on or before 3/1/99 for Southern Bldg Code, for Peter Veeck; Final pretrial conference at 3/8/99 for Southern Bldg Code, for Peter (signed by Judge David Folsom) cc:attys on 11/16/98 (tls)
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| Filing 46 Certified mail receipt: R & R #41 received on 9/9/98 by Southern Bldg Code. Objections to R and R due on 9/21/98 (tls) |
| Filing 44 Minute entry: of 9/14/98 mgt cnf (former empl) |
| MANAGEMENT CONFERENCE held before Judge David Folsom (former empl) |
| Filing 43 Objections by Southern Bldg Code to [41-1] report and recommendations (tls) |
| Filing 42 Certified mail receipt: R & R #41 received on 9/8/98 by Peter Veeck. (tls) |
| Filing 41 Report and Recommendations of Magistrate Judge Robert W. Faulkner Re: [10-1] motion for preliminary injunction as to Southern Bldg Code, recommending that the motion should be denied. Objections to R and R due by 9/14/98 cc:attys on 9/4/98 by certified mail (tls) |
| Filing 40 Exhibit list & Witness List by Peter Veeck (re: Motion for Preliminary Injunction hearing) (lab) |
| Filing 39 Minute entry regarding the Motion for Preliminary Injunction hearing. (lab) |
| Motion hearing held re: [10-1] motion for preliminary injunction and Motion hearing held, [34-1] supplemental motion supplemental for preliminary injunction before Magistrate Judge Robert W. Faulkner (lab) |
| Filing 38 Response by Peter Veeck to [32-1] motion for leave to file supplement to mot for preliminary injunction (tls) |
| Filing 37 Response by Peter Veeck to [34-1] supplemental motion supplemental for preliminary injunction (tls) |
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Filing 36
ORDER granting [35-1] motion for leave to file resp to supplemental mot for preliminary inj (signed by Judge Robert W. Faulkner) cc:attys on 8/24/98 (tls)
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| Filing 35 MOTION by Peter Veeck for leave to file resp to supplemental mot for preliminary inj in excess of page limit (tls) |
| Filing 34 Supplemental [10-1] motion for preliminary injunction supplemental for preliminary injunction by Southern Bldg Code (tls) |
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Filing 33
ORDER granting [32-1] motion for leave to file supplement to mot for preliminary injunction (signed by Magistrate Judge Robert W. Faulkner on 8/19/98) cc:attys on 8/20/98 (tls)
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| Filing 32 MOTION by Southern Bldg Code for leave to file supplement to mot for preliminary injunction and to exceed page limit (tls) |
| Filing 31 Notice of Deficiency regarding the Supplement to Motion for Preliminary Injunction submitted by defendant Southern Bldg Code. Correction should be made by 8/19/98 (exceeds page limit) (tls) |
| Filing 30 Notice of Hearing: set management conference for 4:00 9/14/98 before Judge David Folsom (former empl) |
| Filing 28 Amended Notice of Hearing: Motion hearing reset for 10:00 8/24/98 for [10-1] motion for preliminary injunction before Judge Faulkner cc:attys of record 7/8/98 (lab) |
| Filing 29 Affidavit of Paul K Heilstedt submitted by Southern Bldg Code Re: [25-1] motion response (tls) |
| Filing 27 Notice of Hearing: Motion hearing set for 2:00 7/20/98 for [10-1] motion for preliminary injunction cc:attys of record 7/6/98 (lab) |
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Filing 29
ORDER referring motion(s): [10-1] motion for preliminary injunction to Magistrate Judge Robert W. Faulkner for Report and Recommendation (signed by Judge David Folsom on 6/22/98) cc:attys and Judge Faulkner on 6/25/98 (tls)
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| Filing 25 Response by Southern Bldg Code to [21-1] motion for summary judgment (tls) Modified on 07/09/1998 |
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Filing 24
ORDER granting [22-1] motion to extend time to respond to mot for sum jgm to 6/19/98 (signed by Judge David Folsom on 6/4/98) cc:attys on 6/10/98 (tls)
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Filing 23
ORDER granting [2-1] motion for Phillip Eric Weisberg to appear pro hac vice (signed by Judge David Folsom on 6/1/98) cc:attys on 6/4/98 (tls)
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| Filing 22 (Stipulated) MOTION by Southern Bldg Code to extend time to respond to mot for sum jgm (tls) |
| Filing 21 Motion by Peter Veeck with memorandum in support for summary judgment (tls) |
| Filing 20 Notice of initial disclosure by Southern Bldg Code (tls) |
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Filing 19
ORDER transferring and assigning case to the docket of the Honorable David Folsom pursuant to Local Rule CV-63(a)(1) (signed by Judge Richard A. Schell) (copy file to Judge Folsom on 4/7/98) cc:attys on 4/6/98 (tls) Modified on 04/07/1998
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| Case assigned to Judge David Folsom pursuant to Order #19 (tls) |
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Filing 18
Order of recusal. (signed by Judge Paul Brown) cc:attys and Judge Schell on 4/3/98 (tls)
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| Filing 17 Answer to counterclaim by Peter Veeck (tls) |
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Filing 16
ORDER granting [15-1] motion to attach exhibits 3 through 7 to the Affidavit of Brad Ware (signed by Judge Paul Brown) cc:attys on 3/24/98 (tls)
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| Filing 15 MOTION by Southern Bldg Code to attach exhibits (ttm) |
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Filing 14
ORDER granting [5-1] motion for Kenneth M Bush to appear pro hac vice ( signed by Judge Paul Brown on 3/18/98) cc: attys 3/19/98 (raf)
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Filing 13
ORDER granting [6-1] motion for Robert J Veal to appear pro hac vice ( signed by Judge Paul Brown on 3/18/98) cc: attys 3/19/98 (raf)
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| Filing 12 Affidavit of Brad Ware by Southern Bldg Code Re: [11-1] support memorandum, [10-1] motion for preliminary injunction (raf) |
| Filing 11 Memorandum by Southern Bldg Code in support of [10-1] motion for preliminary injunction (raf) |
| Filing 10 MOTION by Southern Bldg Code for preliminary injunction (raf) |
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Filing 9
ORDER granting [7-1] motion for leave to file mot for preliminary injunction ( signed by Judge Paul Brown on 3/18/98) cc: attys 3/19/98 (raf)
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| Filing 8 Counterclaim by Southern Bldg Code against Peter Veeck (ttm) |
| Filing 7 MOTION by Southern Bldg Code for leave to file mot for preliminary injunction in excess of page limit (ttm) |
| Filing 6 Motion by Southern Bldg Code for Robert J Veal to appear pro hac vice (ttm) |
| Filing 5 Motion by Southern Bldg Code for Kenneth M Bush to appear pro hac vice (ttm) |
| Filing 4 Notice of attorney appearance for Southern Bldg Code by Peter Munson as local counsel (ttm) |
| PHV Filing Fee paid by atty Kenneth M Bush & Robert J Veal; PHV FILING FEE $ 20.00 RECEIPT # 83685 (ttm) |
| Magistrate consent form mailed to Peter Veeck. (tls) |
| Filing 3 In compliance with section b of Local Rule CV-26 and after a review of the pleadings, this action has been assigned to track 4 for case management purposes. cc:atty on 3/6/98 (tls) |
| Filing 2 Motion by Peter Veeck for Phillip Eric Weisberg to appear pro hac vice (tls) |
| Filing 1 Original Complaint for declaratory judgment filed (tls) |
| Filing Fee Paid; FILING FEE $150.00 RECEIPT #83661 (tls) |
| PHV Filing Fee paid by atty Eric Weisberg; PHV FILING FEE $ 10.00 RECEIPT #83661 (tls) |
| Summons(es) issued for Southern Bldg Code (tls) |
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