Phillips Staffing Services Inc v. Spherion Atlantic Workforce LLC et al
Plaintiff: Phillips Staffing Services Inc doing business as All Star Staffing Services Inc
Defendant: Spherion Atlantic Workforce LLC and Spherion Pacific Workforce LLC
Consolidated Defendant: Philip E Dusold
Counter Defendant: Phillips Staffing Services Inc
Consolidated Plaintiff: Tempay Inc
Not Classified By Court: Ray Grisham
Case Number: 4:2005cv00407
Filed: October 17, 2005
Court: US District Court for the Eastern District of Texas
Office: Sherman Office
Presiding Judge: Richard A Schell
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 12, 2009. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2009 Filing 117 Mail Returned as Undeliverable. ORDERS #104 , #105 , #106 , #107 sent to PHILLIPS STAFFING SERVICES INC returned marked "RETURN TO SENDER - UNCLAIMED". (baf, )
January 12, 2009 Filing 116 Mail Returned as Undeliverable. ORDERS #104 , #105 , #106 , #107 sent to PHILIP E DUSOLD returned marked "RETURN TO SENDER - UNCLAIMED". (baf, )
January 2, 2009 Filing 115 Mail Returned as Undeliverable. ORDER #102 sent to PHILIP E DUSOLD returned marked "RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD" (baf, )
January 2, 2009 Filing 114 Mail Returned as Undeliverable. Order #102 sent to PHILLIPS STAFFING SERVICES INC returned marked "RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD" (baf, )
December 30, 2008 Filing 113 Mail Returned as Undeliverable. ORDER #108 sent to Philip E Dusold RETURNED MARKED "RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD" (baf, )
December 30, 2008 Filing 112 Mail Returned as Undeliverable. ORDER #108 sent to Phillips Staffing Services Inc RETURNED MARKED "RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD" (baf, )
December 29, 2008 Filing 111 Mail Returned as Undeliverable. ORDER #103 sent to PHILIP E DUSOLD returned marked "RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD" (baf, )
December 29, 2008 Filing 110 Mail Returned as Undeliverable. ORDER #103 sent to PHILLIPS STAFFING SERVICES INC returned marked "RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD" (baf, )
December 4, 2008 Filing 109 Abstract of Judgment issued and mailed to Rosalyn R. Tippett, attorney for Tempay, Inc.. (baf, )
December 1, 2008 Opinion or Order Order #108 mailed to Phillips Staffing Services Inc by regular and certified mail rrr #7003 3110 0005 5338 4865 (baf, )
December 1, 2008 Opinion or Order Order #108 mailed to Philip E Dusold by regular and certified mail rrr #7003 3110 0005 5338 4889 (baf, )
December 1, 2008 Opinion or Order Filing 108 AMENDED FINAL JUDGMENT - This amended final judgment is entered pursuant to FRCP 58, the court's "Memorandum Opinion & Order Granting Spherion Defendants' Motion for Partial Summary Judgment," the court's "Memorandum Opionion & Order Granting Tempay's Motion for Partial Summary Judgment," both of which were signed on 11/26/2008 amd FRCP 60(a) based on an "oversight or omission" contained in the Final Judgment entered 11/26/2008. It is ORDERED that Plaintiff take nothing from dfts with respect to the claims stated in its Second Amended Compliant and that costs shall be taxed against Plaintiff. It is further ORDERED that TemPay, Inc. take $383,601.05 from Plaintiff and Philip Dusold, individually, with respect to its breach of contract claim. Signed by Judge Richard A. Schell on 12/1/2008. (baf, )
November 26, 2008 Opinion or Order Orders #104 , #105 , #106 , and #107 sent to Phillips Staffing Services, Inc. by regular and certified mail rrr #7003 3110 0005 5338 4872 (baf, )
November 26, 2008 Opinion or Order Orders #104 , #105 , #106 , and #107 sent to Philip E Dusold by regular and certified mail rrr #7003 3110 0005 5338 4858 (baf, )
November 26, 2008 Opinion or Order Filing 107 FINAL JUDGMENT in favor of Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC against Phillips Staffing Services Inc. It is ORDERED that Plaintiff take nothing from Defendants with respect to the claims stated in its Second Amended Compliant and that costs shall be taxed against Plaintiff. It is further ORDERED that TemPay, Inc. take $383,601.05 from Plaintiff with respect to its breach of contract claim. Signed by Judge Richard A. Schell on 11/26/2008. (baf, )
November 26, 2008 Opinion or Order Filing 106 MEMORANDUM OPINION AND ORDER GRANTING TEMPAY'S MOTION FOR PARTIAL SUMMARY JUDGMENT - GRANTING #72 Tempay, Inc's Motion for Partial Summary Judgment. Signed by Judge Richard A. Schell on 11/26/2008. (baf, )
November 26, 2008 Opinion or Order Filing 105 MEMORANDUM OPINION AND ORDER GRANTING SPHERION DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT - GRANTING #75 Spherion's Motion for Summary Judgment. Any motions that would otherwise remain pending should be DENIED AS MOOT. Signed by Judge Richard A. Schell on 11/26/2008. (baf, )
November 26, 2008 Opinion or Order Filing 104 ORDER DENYING #83 Motion for Extension of Deadlines. Signed by Judge Richard A. Schell on 11/26/2008. (baf, )
November 18, 2008 Opinion or Order Order #103 mailed to Philip E Dusold by regular and certified mail rrr 7003 3110 0005 5338 4667 (baf, )
November 18, 2008 Opinion or Order Order #103 mailed to Phillips Staffing Services, Inc. by regular and certified mail rrr 7003 3110 0005 5338 4674 (baf, )
November 18, 2008 Opinion or Order Filing 103 ORDER - Final Pretrial Conference and Trial Scheduling set for 12/1/2008 at 3:00 PM in Ctrm 105 (Plano) before Judge Richard A. Schell. Dates for Jury Selection and Trial will be determined at this time. Joint Final Pre-Trial Orders and requested Jury Instructions for civil cases should be delivered to the Court by the date set out in the Scheduling Order. Signed by Judge Richard A. Schell on 11/17/2008. (baf, )
November 18, 2008 Notice number #102 mailed to Phillips Staffing Services, Inc. via certified mail. RR 7007 2680 0002 4217 5852. (cm, )
November 18, 2008 Notice number #102 mailed to Philip E. Dusold via certified mail. RR 7007 2680 0002 4217 5876. (cm, )
November 18, 2008 Filing 102 NOTICE of Hearing: Final Pretrial Conference set for 12/1/2008 03:00 PM in Ctrm 105 (Plano) before Judge Richard A. Schell. (cm, )
November 12, 2008 Filing 101 Proposed Pretrial Order of TemPay, Inc. and Spherion by Tempay Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Tippett, Rosalyn)
November 11, 2008 Filing 100 Proposed Jury Instructions by Tempay Inc, Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Henry, Vic)
November 3, 2008 Filing 99 MOTION in Limine by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Text of Proposed Order)(Meyer, Morgan)
November 3, 2008 Filing 98 MOTION in Limine by Tempay Inc. #1 Text of Proposed Order(Tippett, Rosalyn) Modified on 11/3/2008 (mfr, ).
October 17, 2008 Filing 97 TRANSCRIPT of Pretrial held on 8/4/2008 before Judge Schell. Court Reporter/Transcriber: Bryn & Associates,Telephone number: 903/712-2273. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2008. Redacted Transcript Deadline set for 11/17/2008. Release of Transcript Restriction set for 1/15/2009. (pad, )
October 14, 2008 Filing 96 NOTICE of Disclosure by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC Rule 26(a)(3) Pretrial Disclosures (Meyer, Morgan)
October 14, 2008 Filing 95 NOTICE of Disclosure by Tempay Inc First Supplemental Rule 26(a)(3) Pretrial Disclosures (Tippett, Rosalyn)
October 13, 2008 Filing 94 NOTICE of Disclosure by Tempay Inc Rule 26(a)(3) Pretrial Disclosures (Tippett, Rosalyn)
September 25, 2008 Filing 93 Mail Returned as Undeliverable. Order #89 sent to PHILLIPS STAFFING SERVICES INC returned marked "RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD" (baf, )
September 25, 2008 Filing 92 Mail Returned as Undeliverable. Order #89 sent to Philip E Dusold - Returned marked "RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD" (baf, )
September 17, 2008 Opinion or Order Orders #86 and #89 sent to Philip E Dusold and Philllips Staffing Services Inc by regular mail (baf, )
September 16, 2008 Filing 91 Mail Returned as Undeliverable. Order #86 sent to Phillips Staffing Services Inc returned marked "RETURN TO SENDER - UNCLAIMED - UNABLE TO FORWARD". (baf, )
September 16, 2008 Filing 90 Mail Returned as Undeliverable. Order #86 sent to Philip E Dusold returned marked "UNCLAIMED". (baf, )
September 2, 2008 Opinion or Order Order #89 sent to Phillips Staffing Services, Inc by certified mail rrr 7003 3110 0005 5338 3813 (baf, )
September 2, 2008 Opinion or Order Order #89 sent to Philip E Dusold by certified mail rrr 7003 3110 0005 5338 3806 (baf, )
September 2, 2008 Opinion or Order Filing 89 ORDER OF DISMISSAL AND WITHDRAWAL WITHOUT PREJUDICE - WITHDRAWING #77 MOTION for Summary Judgment AGAINST CROSS-PLAINTIFF TEMPAY, INC. filed by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC, #87 Stipulation of Dismissal, filed by Tempay Inc, Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. It is ORDERED that the Motion for Summary Judgment filed by Spherion against TemPay is hereby WITHDRAWN without prejudice. It is ORDERED that all claims filed by TemPay against Spherion are hereby DISMISSED without prejudice. Signed by Judge Richard A. Schell on 9/1/2008. (baf, )
August 29, 2008 Filing 88 MOTION to Strike Expert Witness Testimony by Ron Allen by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. Responses due by 9/10/2008 (Attachments: #1 Exhibit A part 1 of 6, #2 Exhibit A part 2 of 6, #3 Exhibit A part 3 of 6, #4 Exhibit A part 4 of 6, #5 Exhibit A part 5 of 6, #6 Exhibit A part 6 of 6, #7 Exhibit B, #8 Exhibit C, #9 Text of Proposed Order Proposed Order)(Meyer, Morgan)
August 27, 2008 Filing 87 STIPULATION of Dismissal and Withdrawal of Motion for Summary Judgment Without Prejudice by Tempay Inc, Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Text of Proposed Order Order of Dismissal and Withdrawal Without Prejudice)(Meyer, Morgan)
August 25, 2008 Opinion or Order Order #86 mailed to Phillips Staffing Service, Inc. certified mail rrr 7003 3110 0005 5338 3776 (baf, )
August 25, 2008 Opinion or Order Order #86 mailed to Philip E Dusold by certified mail rrr 7003 3110 0005 5338 3783 (baf, )
August 25, 2008 Opinion or Order Filing 86 ORDER granting #82 Motion for Extension of Time to File Response/Reply re #77 MOTION for Summary Judgment AGAINST CROSS-PLAINTIFF TEMPAY, INC.. Responses due by 8/25/2008. Signed by Judge Richard A. Schell on 8/24/2008. (baf, )
August 22, 2008 Filing 85 ***PLEASE DISREGARD - FILED IN ERROR BY ATTORNEY***Additional Attachments to Main Document: #84 Response to Motion.. (Tippett, Rosalyn) Modified on 8/25/2008 (baf, ).
August 22, 2008 Filing 84 RESPONSE to Motion re #83 MOTION for Extension of Time to File filed by Tempay Inc, Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Tippett, Rosalyn) (Additional attachment(s) added on 8/25/2008: #3 Text of Proposed Order) (baf, ).
August 21, 2008 Filing 83 MOTION for Extension of Time on Deadlines by Philip E Dusold. (baf, )
August 18, 2008 Filing 82 MOTION for Extension of Time to File Response/Reply as to #77 MOTION for Summary Judgment AGAINST CROSS-PLAINTIFF TEMPAY, INC. by Tempay Inc. (Attachments: #1 Text of Proposed Order)(Tippett, Rosalyn)
August 18, 2008 Set/Reset Scheduling Order Deadlines: PLEASE NOTE: Final Pretrial Conference scheduled for 12/1/2008 at 1:30 PM will be held in Plano Courthouse, Ctrm 105 before Judge Richard A. Schell. (baf, )
August 5, 2008 Filing 81 Additional Attachments to Main Document: #75 MOTION for Summary Judgment.. (Meyer, Morgan) Modified on 8/6/2008 (lhj, ). Modified on 8/6/2008 (lhj, ).
August 5, 2008 Filing 80 ***DISREGARD - PROPOSED ORDER FOR DOC #76 ***Additional Attachments to Main Document: #76 MOTION for Summary Judgment PROCEDURAL BARS.. (Meyer, Morgan) Modified on 8/6/2008 (lhj, ).
August 5, 2008 Filing 79 ***DISREGARD PROPOSED ORDER FOR DOC #75 TO BE REFILED***Additional Attachments to Main Document: #75 Quarterly MOTION for Summary Judgment.. (Meyer, Morgan) Modified on 8/6/2008 (lhj, ).
August 5, 2008 Filing 78 ***DISREGARD-PROPOSED ORDER FOR DOC #77 ***Additional Attachments to Main Document: #77 MOTION for Summary Judgment AGAINST CROSS-PLAINTIFF TEMPAY, INC... (Meyer, Morgan) Modified on 8/6/2008 (lhj, ).
August 5, 2008 Filing 77 MOTION for Summary Judgment AGAINST CROSS-PLAINTIFF TEMPAY, INC. by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1, #4 Exhibit C)(Meyer, Morgan) (Additional attachment(s) added on 8/6/2008: #5 Text of Proposed Order) (lhj, ).
August 5, 2008 Filing 76 MOTION for Summary Judgment PROCEDURAL BARS by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Meyer, Morgan) (Additional attachment(s) added on 8/6/2008: #6 Text of Proposed Order) (lhj, ).
August 5, 2008 Filing 75 MOTION for Summary Judgment by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E part 1, #7 Exhibit E part 2, #8 Errata E part 3, #9 Exhibit E part 4, #10 Exhibit E part 5, #11 Exhibit E part 6)(Meyer, Morgan) Modified on 8/6/2008 (lhj, ). Modified on 8/6/2008 (lhj, ). Modified on 8/6/2008 (lhj, ). (Additional attachment(s) added on 8/6/2008: #12 Text of Proposed Order) (lhj, ).
July 30, 2008 Filing 74 ANSWER to #48 Answer to Complaint,, Crossclaim,, Counterclaim, by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC.(Meyer, Morgan)
July 30, 2008 Filing 73 ANSWER to #33 Amended Complaint, COUNTERCLAIM against Phillips Staffing Services Inc by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Exhibit A)(Meyer, Morgan)
July 21, 2008 Filing 72 MOTION for Partial Summary Judgment by Tempay Inc. Responses due by 8/4/2008 (Attachments: #1 Exhibit Exhibit "A", #2 Exhibit Exhibit "B", #3 Exhibit Exhibit "C", #4 Exhibit Exhibit "D", # 5 Text of Proposed Order)(Tippett, Rosalyn) (Additional attachment(s) added on 7/23/2008: #6 Text of Proposed Order) (baf, ).
April 14, 2008 Filing 71 ACKNOWLEDGEMENT OF RECEIPT by Philip E Dusold, Phillips Staffing Services Inc as to #69 Scheduling Order. (baf, )
April 8, 2008 Filing 70 NOTICE of Attorney Appearance by Rosalyn Renee Tippett on behalf of Tempay Inc (Tippett, Rosalyn)
April 7, 2008 Opinion or Order Scheduling Order #69 sent to Philip E Dusold and Philips Staffing Services, Inc by certified mail rrr 7002 0860 0007 0601 6344 (baf, )
April 7, 2008 Opinion or Order Filing 69 THIRD AMENDED SCHEDULING ORDER: Final Pretrial Conference and Trial Scheduling set for 12/1/2008.,Amended Pleadings due by 5/30/2008.,Discovery shall be commenced in time to be completed by 8/5/2008.,Expert Witness List due by 5/16/2008 for plaintiff and by 6/20/2008 for defendant;Thereafter, each party shall have until not later than (20) days after receiving that expert's deposition transcript, but not later than 8/29/2008 to object to any other party's expert witnesses.,Pre-trial disclosure shall be made by the plaintiff by 9/30/2008 and by the defendant by 10/14/2008.,Joint Proposed Jury instructions and Verdict Form due by 11/12/2008,Mediation Completion due by 8/12/2008.,Motions to transfer, motions to remand, motions to dismiss, motions for summary judgment, or other dispositive motions shall be filed by 8/5/2008.,Joint Final Proposed Pretrial Order due by 11/12/2008. Motions in Limine shall be filed by 11/3/2008. Signed by Judge Richard A. Schell on 4/4/2008. (baf, )
April 4, 2008 Minute Entry for proceedings held before Judge Richard A. Schell : Scheduling Conference held on 4/4/2008. (Court Reporter Deana Bryn) (dm, ) Modified on 10/13/2008 (dm, ).
March 17, 2008 Filing 68 ACKNOWLEDGEMENT OF RECEIPT by Phillips Staffing Services as to #65 Order Lifting Stay,, Set Scheduling Order Deadlines,. (baf, )
March 17, 2008 Filing 67 ACKNOWLEDGEMENT OF RECEIPT by Philip E Dusold as to #65 Order Lifting Stay,, Set Scheduling Order Deadlines,. (baf, )
March 13, 2008 Filing 66 MANDATE of USCA as to #55 Notice of Appeal filed by Tempay Inc. It is ORDERED that the judgment of the District Court is affirmed. It is further ORDERED that dft-appellant pay to plaintiff-appellee the costs on appeal to be taxed by the Clerk of this Court. (baf, )
March 10, 2008 Opinion or Order Order #65 sent to Philip E Dusold via certified mail rrr #7002 0860 0007 0601 6078 and Phillips Staffing Services via certified mail rrr#7002 0860 0007 0601 6085 (baf, )
March 10, 2008 Opinion or Order Filing 65 ORDER LIFTING STAY AND FOR SCHEDULING CONFERENCE - It is ORDERED that the stay is hereby lifted and this case is set for a Scheduling Conference on Friday, 4/4/2008 at 11:00 AM in Ctrm A01 (Sherman) before Judge Richard A. Schell. Signed by Judge Richard A. Schell on 3/7/2007. (baf, )
December 13, 2007 Opinion or Order Filing 64 ORDER granting #63 Motion to Withdraw as Attorney. Attorney Patricia Beaujean Lehtola terminated. It is ORDERED that all pleadinngs and notices to served on plaintiff, Phillips Staffing Services, Inc. d/b/a All Star Staffing Services, and Consolidated dft Philip E Dusold shall be served at 2075 Jupiter Hills Lane, Henderson, Nevada 89012 unitl additional counsel has substituted in. Signed by Judge Richard A. Schell on 12/12/2007. (baf, )
December 3, 2007 Filing 63 MOTION to Withdraw as Attorney by Phillips Staffing Services Inc, Philip E Dusold. (Attachments: # 1 Text of Proposed Order Order on Motion to Withdraw as Counsel)(Lehtola, Patricia) Additional attachment(s) added on 12/5/2007 (baf, ).
August 31, 2007 Opinion or Order Filing 62 ORDER granting #61 Motion to Withdraw as Attorney. Attorney Elizabeth 'Bets Dean Whitaker terminated. Morgan D Meyer, of the law firm of Bracewell & Giuliani LLP, will remain as atty in charge for Spherion. Signed by Judge Richard A. Schell on 8/31/2007. (baf, )
August 29, 2007 Filing 61 MOTION to Withdraw as Attorney by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC, Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC, Spherion Pacific Workforce LLC. (Meyer, Morgan) Additional attachment(s) added on 8/30/2007 (baf, ).
August 21, 2007 Certified copy of Court Record mailed to Fifth Circuit pursuant to their request for the paper copy of the record. (baf, )
August 17, 2007 Certified Copy of Court Record on Loan returned to Clerk Office by atty, Patricia Beaujean Lehtola. (baf, )
June 15, 2007 Filing 60 NOTICE of Attorney Appearance by Patricia Beaujean Lehtola on behalf of all plaintiffs (Lehtola, Patricia)
June 14, 2007 Filing 59 NOTICE of Designation of Attorney in Charge to Patricia Beaujean Lehtola on behalf of all plaintiffs (Lehtola, Patricia)
June 11, 2007 Certified Copy of Court Record on Loan mailed to attorney Richard M Knoth via UPS. (baf, )
June 8, 2007 Certified Copy of Court Record on Loan returned to Clerks Office by attorney Patricia Beaujean Lehtola (baf, )
May 30, 2007 Certified Copy of Court Record on Loan mailed to attorney Patricia Beaujean Lehtola via Federal Express (baf, )
May 11, 2007 Certified and Transmitted Record on Appeal to US Court of Appeals re #55 Notice of Appeal (baf, )
May 7, 2007 TRANSCRIPT ORDER REQUEST by Phillips Staffing Services Inc - Transcript is unnecessary for appeal purposes. (baf, )
May 4, 2007 Filing 58 USCA Case Number 07-40395 for #55 Notice of Appeal filed by Tempay Inc. (ttm, )
April 25, 2007 Opinion or Order Filing 57 ORDER granting #56 Motion to Stay Pending Appeal of the order denying arbitration. Signed by Judge Richard A. Schell on 4/25/2007. (baf, )
April 5, 2007 Filing 56 MOTION to Stay and Brief in Support by Tempay Inc. (Attachments: #1 Text of Proposed Order)(Knoth, Richard)
April 4, 2007 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #55 Notice of Appeal (djh, )
April 4, 2007 Filing 55 NOTICE OF APPEAL as to #54 Order on Motion to Dismiss,, Order on Motion to Stay,,,, Order on Motion for More Definite Statement, by Tempay Inc. Filing fee $ 455, receipt number 1079937. (Knoth, Richard)
March 23, 2007 Opinion or Order Filing 54 ORDER denying #49 Motion to Dismiss, denying #49 Motion to Stay, denying #18 Motion to Dismiss First Amended Complaint, and denying #22 Motion for More Definite Statement . Signed by Judge Richard A. Schell on 3/23/07. (ttm, ) Modified on 3/23/2007 (ttm, ).
February 12, 2007 Filing 53 REPLY to Response to Motion re #49 MOTION to Dismiss and MOTION to Stay and Brief in Support Thereof MOTION to Stay and Brief in Support Thereof filed by Tempay Inc. (Attachments: #1 Exhibit A)(Knoth, Richard)
February 7, 2007 Filing 52 RESPONSE to Motion re #49 MOTION to Dismiss and MOTION to Stay and Brief in Support Thereof MOTION to Stay and Brief in Support Thereof filed by Phillips Staffing Services Inc. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit #8 Exhibit H#9 Exhibit I#10 Exhibit J#11 Exhibit K#12 Text of Proposed Order Denying Motion to Dismiss)(Lehtola, Patricia)
February 7, 2007 Filing 51 NOTICE of Change of Address by Patricia Beaujean Lehtola (Lehtola, Patricia)
February 7, 2007 NOTICE of Deficiency regarding #5 Notice, submitted by Phillips Staffing Services Inc. Correspondence is not accepted for efiling. Documents must be formal pleading and comply with all rules. Correction should be made by one business day. (fal, )
February 7, 2007 Filing 50 ***DEFICIENT DOCUMENT. PLEASE IGNORE.***NOTICE of Change of Address by Patricia Beaujean Lehtola (Lehtola, Patricia) Modified on 2/7/2007 (fal, ).
January 26, 2007 Filing 49 MOTION to Dismiss and, MOTION to Stay and Brief in Support Thereof by Tempay Inc, Tempay Inc. Responses due by 2/7/2007 (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Text of Proposed Order)(Knoth, Richard)
January 15, 2007 Filing 48 Defendant Tempay's Amended ANSWER to Complaint Second Amended, Amended CROSSCLAIM against Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC, Amended COUNTERCLAIM against Phillips Staffing Services Inc, Philip E Dusold, Philip E Dusold, Phillips Staffing Services Inc by Tempay Inc, Tempay Inc.(Henry, Vic)
December 29, 2006 Opinion or Order Filing 47 SECOND AMENDED SCHEDULING ORDER and Order granting Motion to Modify #45 : Final Pretrial Conference and Trial Scheduling set for 6/11/07 before Judge Richard A. Schell. Amended Pleadings due by 1/15/2007. Discovery due by 3/16/2007. Disclosure of Expert Testimony by Pltf due by 8/14/2006 and Dft by 9/14/06. Each party shall have until not later than 20 days after receiving that expert's deposition transcript, but not later than 3/16/07 to object to any other party's expert witnesses. Such objections shall be made by a motion to strike or limit expert testimony and shall be accompanied by a copy of the expert's report. Pretrial disclosures pursuant to FRCP 26(a)(3) shall be made by Pltf by 1/23/07 and by Dft by 2/23/07. Mediation Completion due by 4/23/2007. Dispositive Motions due by 3/19/2007.Proposed Findings of Fact due by 4/27/2007. Joint Final Pretrial Order and Findings of Fact and Conclusions of Law shall be delivered by Pltf by 4/27/2007. Any motions in limine shall be filed by 4/23/07. Responses to motions in limine shall be filed within the time provided by Local Rule CV-7. Signed by Judge Richard A. Schell on 12/29/06. (ttm, )
December 14, 2006 Filing 46 Additional Attachments to Main Document: #45 MOTION to Amend/Correct #25 Scheduling Order,,, Agreed.. (Whitaker, Elizabeth 'Bets)
December 14, 2006 Filing 45 MOTION to Amend/Correct #25 Scheduling Order,,, Agreed by Tempay Inc, Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC, Phillips Staffing Services Inc, Philip E Dusold, Phillips Staffing Services Inc, Ray Grisham, Tempay Inc, Spherion Atlantic Workforce LLC, Philip E Dusold, Philip E Dusold, Phillips Staffing Services Inc, Philip E Dusold, Phillips Staffing Services Inc, Spherion Pacific Workforce LLC. (Attachments: #1 Exhibit A#2 Exhibit B)(Whitaker, Elizabeth 'Bets)
October 31, 2006 Opinion or Order Filing 44 AGREED CONFIDENTIALITY ORDER. Signed by Judge Richard A. Schell on 10/31/2006. (baf, )
October 27, 2006 Filing 43 STIPULATION Agreed Confidentiality Order by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC, Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Exhibit A)(Whitaker, Elizabeth 'Bets)
October 4, 2006 Opinion or Order Filing 42 ORDER granting #37 Motion for Extension of Time to Complete Discovery. It is ORDERED that dfts are permitted until 9/21/2006 to designate expert testimony. Signed by Judge Richard A. Schell on 10/3/2006. (baf, )
October 3, 2006 Filing 41 Return of Service Executed as to Tempay Inc on 9/21/2006, answer due: 10/11/2006. (baf, )
September 21, 2006 Filing 40 NOTICE by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC Designation of Expert Witnesses Pursuant to Federal Rule of Civil Procedure 26 (Attachments: #1 Exhibit Expert Report of Sim Israeloff#2 Exhibit Expert Report of Samuel F. Rhodes)(Whitaker, Elizabeth 'Bets)
September 21, 2006 Filing 39 Phillip Dusold and All Star Staffing's ANSWER to Counterclaim by Philip E Dusold, Phillips Staffing Services Inc.(Bollier, Leslie)
September 15, 2006 Filing 38 Return of Service Executed as to Philip E Dusold on 9/12/2006, answer due: 10/2/2006. (baf, )
September 14, 2006 Filing 37 MOTION for Extension of Time to Complete Discovery to Designate Expert Testimony by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Text of Proposed Order Agreed Order Enlarging Time for Spherion Atlantic Workforce, LLC, Spherion Pacific Workforce, LLC and Tempay, Inc. to Designate Expert Testimony)(Whitaker, Elizabeth 'Bets)
September 11, 2006 Filing 36 NOTICE by Tempay Inc, Tempay Inc Expert Witness Designation (Attachments: #1 Appendix Expert Biography#2 Appendix Expert Bio)(Henry, Vic)
September 7, 2006 Summons Issued as to Philip E Dusold. (baf, )
September 1, 2006 Filing 35 Defendant TemPay's ANSWER to Amended Complaint of Plaintiff, CROSSCLAIM against Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC, COUNTERCLAIM against Phillips Staffing Services Inc, Philip E Dusold by Tempay Inc. (Attachments: #1 Exhibit A)(Knoth, Richard)
August 31, 2006 Summons Issued as to Tempay Inc. (baf, )
August 28, 2006 Filing 34 NOTICE of Attorney Appearance by Leslie Jean Bollier on behalf of Phillips Staffing Services Inc, Philip E Dusold, Philip E Dusold, Phillips Staffing Services Inc, Philip E Dusold, Phillips Staffing Services Inc (Bollier, Leslie)
August 25, 2006 Filing 33 AMENDED COMPLAINT (All Star's Second) against Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC, filed by Phillips Staffing Services Inc.(Dail, Deborah)
August 25, 2006 Filing 32 NOTICE of Change of Address by Elizabeth 'Bets Dean Whitaker (Whitaker, Elizabeth 'Bets)
August 16, 2006 Opinion or Order Filing 31 ORDER granting #30 Motion for Extension of Time to File Response/Reply re #22 MOTION for More Definite Statement Pursuant to Rule 12(e) and Brief in Support Thereof. Responses due by 8/25/2006. Signed by Judge Richard A. Schell on 8/16/2006. (baf, )
August 11, 2006 Filing 30 MOTION for Extension of Time to File Response/Reply as to #22 MOTION for More Definite Statement Pursuant to Rule 12(e) and Brief in Support Thereof by Phillips Staffing Services Inc. (Attachments: #1 Text of Proposed Order Agreed Motion to Enlarge Time)(Lehtola, Patricia)
August 11, 2006 Filing 29 **CORRECTED DOCUMENT REPLACES DOCUMENT #28 WHICH WAS FILED IN ERROR**REPLY to Response to Motion re #18 MOTION to Dismiss First Amended Complaint filed by Tempay Inc. (Attachments: #1 Exhibit A)(Knoth, Richard) Modified on 8/14/2006 (baf, ).
August 11, 2006 NOTICE of Deficiency regarding DKT #28 Tempay, Inc.'s Reply in Support of its Motion to Dismiss First Amended Complaint -- document submitted exceeds page limit. Correction should be made by ONE BUSINESS DAY (baf, )
August 11, 2006 Filing 28 **DEFICIENT DOCUMENT. ATTORNEY MUST REFILE** REPLY to Response to Motion re #18 MOTION to Dismiss First Amended Complaint filed by Tempay Inc. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E)(Knoth, Richard) Modified on 8/11/2006 (baf, ).
August 10, 2006 Filing 27 DEMAND for Trial by Jury by Phillips Staffing Services Inc. (Dail, Deborah)
August 8, 2006 Filing 26 RESPONSE to Motion re #18 MOTION to Dismiss First Amended Complaint filed by Phillips Staffing Services Inc. (Attachments: #1 Exhibit A - Agreed Motion to Modify SO#2 Exhibit B - Order)(Dail, Deborah)
August 4, 2006 Opinion or Order Filing 25 AMENDED SCHEDULING ORDER: Final Pretrial Conference and Trial Scheduling set for 4/9/2007 before Judge Richard A. Schell. Amended Pleadings due by 12/1/2006. Discovery due by 2/1/2007. Disclosure of Expert Testimony by Pltf due by 8/14/2006 and by Dft by 9/14/06. Each party shall have until 10/14/06 to object to any other party's expert witnesses. Such objections shall be made by a motion to strike or limit expert testimony and shall be accompanied by a copy of the expert's report. Joinder of Parties due by 6/1/2006. Mediation Completion due by 3/9/2007. Dispositive Motions due by 2/1/2007. Pretrial disclosure pursuant to FRCP 26(a)(3) shall be made by the Pltf by 12/8/06 and by Dft by 1/9/07. Joint Final Pretrial Order, Joint Proposed Jury Instructions and Verdict Form shall be delivered by Pltf to the Court due by 3/15/2007. Any motions in limine shall be filed by 3/9/07 . Signed by Judge Richard A. Schell on 8/4/06. (ttm, )
August 1, 2006 Filing 24 MOTION to Amend/Correct #14 Scheduling Order,,,, by Phillips Staffing Services Inc. (Attachments: #1 Proposed Amended Scheduling Order)(Dail, Deborah)
July 28, 2006 Filing 23 Original ANSWER to Amended Complaint Subject to Defendants' Motion for a More Definite Statement Pursuant to Rule 12(e) and Brief in Support Thereof by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC.(Whitaker, Elizabeth 'Bets)
July 28, 2006 Filing 22 MOTION for More Definite Statement Pursuant to Rule 12(e) and Brief in Support Thereof by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. Responses due by 8/14/2006 (Attachments: #1 Text of Proposed Order)(Whitaker, Elizabeth 'Bets)
July 26, 2006 Opinion or Order Filing 21 ORDER granting #20 Motion for Extension of Time to Answer re #16 Amended Complaint until 7/28/06. Signed by Judge Richard A. Schell on 7/26/06. (ttm, )
July 24, 2006 ***FILED IN ERROR. Document # 19, replaced by document #20. PLEASE IGNORE.*** (dlc, )
July 24, 2006 Filing 20 MOTION for Extension of Time to File Answer re #16 Amended Complaint by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Text of Proposed Order Enlarging Time to Answer, Move or Otherwise Response to All Star Staffing Services, Inc.'s First Amended Complaint)(Whitaker, Elizabeth 'Bets)
July 24, 2006 Filing 19 ***FILED IN ERROR, replaced by document #20, PLEASE IGNORE*** MOTION for Extension of Time to File Agreed Motion to Answer, Move or Otherwise Respond to All Star Staffing Services, Inc.'s First Amended Complaint by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Whitaker, Elizabeth 'Bets) Modified on 7/25/2006 (dlc, ).
July 24, 2006 Filing 18 MOTION to Dismiss First Amended Complaint by Tempay Inc. Responses due by 8/8/2006 (Attachments: #1 Brief in Support of Motion to Dismiss#2 Exhibit A#3 Text of Proposed Order Proposed Order)(Knoth, Richard)
July 14, 2006 Filing 17 NOTICE of Change of Address by Richard M Knoth (Knoth, Richard)
July 14, 2006 Filing 16 AMENDED COMPLAINT against Tempay Inc, Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC, filed by Phillips Staffing Services Inc.(Dail, Deborah)
May 30, 2006 Mediation packet mailed to mediator. Mediation Report deadline set for 1/24/2007 (pad, )
May 19, 2006 Set/Reset Scheduling Order Deadlines: Mediation Conference to be conducted by 1/24/2007. (baf, )
May 19, 2006 Opinion or Order Filing 15 ORDER REFERRING CASE to Mediation. Ray Grisham added as Mediator. The mediation conference shall be conducted by 1/24/2007. The court appoints Patricia Lehtola as lead counsel who shall be responsible for communicating with the mediator and oppposing counsel to coordinate a date for the mediation. Signed by Judge Richard A. Schell on 5/18/2006. (baf, )
April 5, 2006 Opinion or Order Filing 14 SCHEDULING ORDER: Final Pretrial Conference and Trial Scheduling set for 4/9/07 before Judge Richard A. Schell. Amended Pleadings due by 12/1/2006. Discovery due by 12/5/2006. Disclosure of Expert testimony shall be made by Pltf by 8/1/2006 and by Dft by 9/1/06. Each party shall have until 10/2/06 to object to any other party's expert witnesses. Such objections shall be made by a motion to strike or limit expert testimony and shall be accompanied by a copy of the expert's report. Pretrial disclosure pursuant to FRCP 26(a)(3) shall be made by the Pltf by 12/8/06 and by Dft by 1/9/07. Joinder of Parties due by 6/1/2006. Mediation Completion due by 1/24/2007. Parties shall notify the court with agreed name of mediator by 5/1/06, otherwise the court will select a mediator. Dispositive Motions due by 1/24/2007. Unless leave of court is first obtained, a party may file no more than one motion for summary judgment. Proposed Findings of Fact due by 3/15/2007 Proposed Pretrial Order due by 3/15/2007. Any motions in limine shall be filed by 3/9/07. Responses to motions in limine shall be filed within the time provided by Local Rule CV-7. Signed by Judge Richard A. Schell on 4/4/06. (ttm, )
March 31, 2006 Filing 13 REPORT of Rule 26(f) Planning Meeting. (Lehtola, Patricia) Additional attachment(s) added on 3/31/2006 (lhj, ).
February 7, 2006 Opinion or Order Filing 12 ORDER to Conduct Rule 26(f) Conference no later than 3/16/06 and file joint written Rule 26 Meeting Report due by 3/31/2006. Signed by Judge Richard A. Schell on 2/6/06. (ttm, )
January 31, 2006 Opinion or Order Filing 11 ORDER granting #9 Motion for Extension of Time to Answer re #1 Complaint until 1/30/06 . Signed by Judge Richard A. Schell on 1/30/06. (ttm, )
January 30, 2006 Magistrate Consent Form and Notice of Case Assignment forms emailed to attorney for Spherion Atlantic Workforce LLC and Spherion Pacific Workforce LLC (ttm, )
January 30, 2006 Filing 10 ANSWER to Complaint by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC.(Whitaker, Elizabeth 'Bets)
January 23, 2006 Filing 9 Second MOTION for Extension of Time to File Answer re #1 Complaint by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Text of Proposed Order)(Whitaker, Elizabeth 'Bets)
January 23, 2006 Filing 8 ***DEFICIENT DOCUMENT, PLEASE IGNORE, REPLACED BY MOTION #9*** Second MOTION for Extension of Time to File Answer re #1 Complaint by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Whitaker, Elizabeth 'Bets) Modified on 1/25/2006 (ttm, ). Modified on 1/25/2006 (ttm, ).
January 3, 2006 Opinion or Order Filing 7 ORDER granting #6 Motion for Extension of Time for Spherion Atlantic Workforce, LLC and Spherion Pacific Workforce, LLC to Answer Complaint until 1/23/2006 re #1 Complaint. Signed by Judge Richard A. Schell on 1/3/2006. (baf, )
December 27, 2005 Filing 6 Amended MOTION for Extension of Time to File Answer re #1 Complaint by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Text of Proposed Order)(Whitaker, Elizabeth 'Bets)
November 30, 2005 Opinion or Order Filing 5 ORDER granting #3 Motion for Extension of Time to Answer until December 28, 2005. Signed by Judge Richard A. Schell on 11/29/2005. (baf, )
November 23, 2005 Filing 4 Return of Service Executed as to Spherion Atlantic Workforce LLC on 11/7/2005, answer due: 11/28/2005; Spherion Pacific Workforce LLC on 11/7/2005, answer due: 11/28/2005. (baf, )
November 23, 2005 Filing 3 MOTION for Extension of Time to File Answer re #1 Complaint Agreed Motion by Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (Attachments: #1 Text of Proposed Order Agreed Order Enlarging Time for Spherion Atlantic Workforce LLC and Spherion Pacific Workforce LLC to Answer, Move or Otherwise Respond to All Star Staffing Inc.'s Original Complaint)(Whitaker, Elizabeth 'Bets)
October 26, 2005 Summons Issued as to Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC. (baf, )
October 17, 2005 Filing 2 Magistrate Consent Form and Notice of Case Assignment mailed to Phillips Staffing Services Inc (Attachments: #1 Civil Cover Sheet) (baf, )
October 17, 2005 Filing 1 COMPLAINT against Spherion Atlantic Workforce LLC, Spherion Pacific Workforce LLC (Filing fee $ 250;receipt #4-1-491) filed by Phillips Staffing Services Inc. (Attachments: #1 Civil Cover Sheet)(baf, )

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Search for this case: Phillips Staffing Services Inc v. Spherion Atlantic Workforce LLC et al
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Defendant: Spherion Atlantic Workforce LLC
Represented By: Elizabeth 'Bets Dean Whitaker
Represented By: Morgan Daniel Meyer
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Defendant: Spherion Pacific Workforce LLC
Represented By: Elizabeth 'Bets Dean Whitaker
Represented By: Morgan Daniel Meyer
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Consolidated defendant: Philip E Dusold
Represented By: Patricia Beaujean Lehtola
Represented By: Deborah S. Boone
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Counter defendant: Phillips Staffing Services Inc
Represented By: Patricia Beaujean Lehtola
Represented By: Deborah S. Boone
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Plaintiff: Phillips Staffing Services Inc doing business as All Star Staffing Services Inc
Represented By: Patricia Beaujean Lehtola
Represented By: Deborah S. Boone
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Consolidated plaintiff: Tempay Inc
Represented By: Vic Houston Henry
Represented By: Richard M Knoth
Represented By: Rosalyn Renee Tippett
Represented By: Breaden M Douthett
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Not classified by court: Ray Grisham
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