St UT v. Oldcastle, et al
| State of Utah |
| Oldcastle and Oldcastle Materials |
| R. Joseph Clancy and Kilgore Pavement |
| 2:2002cv00516 |
| May 29, 2002 |
| U.S. District Court for the District of Utah |
| Bruce S Jenkins |
| Anti-Trust |
| 15 U.S.C. § 0025 Clayton Act |
| None |
Docket Report
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| Document Text |
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| Transcript of Proceedings for date(s) of 9/16/04. Court Reporter: Reeve M. Butler (asp) |
| Filing 70 Findings of fact and conclusions of law signed by Judge Bruce S. Jenkins , 10/6/04 cc:atty (asp) |
Filing 69
Order granting [49-1] motion to amend [7-1] judgment order (see order for details) ; signed by Judge Bruce S. Jenkins , 10/6/04 cc:atty (asp)
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| Filing 68 Minute entry: Argument & discussion heard. Crt rules: granting [49-1] motion to amend [7-1] judgment order. Mr. Fornaciari to prepare & submit proposed order amending judgment within 30 days citing the record. Judge: BSJ Court Reporter: Reeve Butler Court Deputy: Michael R. Weiler (mrw) |
| Transcript of Proceedings for date(s) of 08/08/04. Court Reporter: Reeve M. Butler (asp) |
| Filing 67 Notice of Hearing filed : Motion hearing set for 2:00 9/16/04 for Oral Argument on Pending Motions & [49-1] motion to amend [7-1] judgment order To be held before Judge BSJ cc:atty ( Ntc generated by: Bench Instruction) (mrw) |
| Filing 66 Minute entry:, Mr. Klein reports settlement has not be successful. Crt schedules: Further, oral argument on pending Motions hearing set for 2:00 9/16/2004 for [49-1] motion to amend [7-1] judgment order and pending motions Clerk's Office to notice hearing. Judge: BSJ Court Reporter: Reeve Butler Court Deputy: Michael R. Weiler (mrw) |
| Filing 65 Minute entry:, Cnsl stip to extension of time to complete negotiations. Crt schedules: Further, status conference set for 1:20 8/30/2004 ; Judge: BSJ Court Reporter: Reeve Butler Court Deputy: Michael R. Weiler (mrw) |
| Filing 64 Minute entry:, evidentiary hearing held , Witness(es) called, sworn, & testify. Exhibits marked, offered, & received. Crt recesses 10:50 AM, reconvenese 11:15 AM. Testimony & evidence continue. Crt recesses 12:15 PM, reconvenes 1:35 PM. Testimony & evidence continue. Cross-examination. Crt recesses 3:33 PM, reconvenes 3:53 PM. Closing arguments. Crt recesses 4:15 PM, reconvenes 4:30 PM. Crt schedules: status conference set for 1:20 8/23/2004 Judge: BSJ Court Reporter: Reeve Butler Court Deputy: Michael R. Weiler (mrw) |
| Filing 63 Memorandum RE: August 6, 2004 hearing filed by Oldcastle Materials, Oldcastle (kvs) |
| Filing 62 Affidavit of Rick Roberts (asp) |
| Filing 61 Return of service executed re: subpoena as to Wilfred W. Clyde II (asp) |
| Filing 60 Objections by Kilgore Pavement to subpoena (asp) |
| Filing 59 Return of service executed re: subpoena as to Enterprise Paving (asp) |
| Filing 58 Return of service executed re: subpoena as to Harper Construciton, Kilgore Paving, CT Corp, Harvey Hansen (asp) |
| Filing 57 Stipulation filed by Oldcastle Materials, Oldcastle, St UT RE: production of docs (asp) |
| Filing 56 Minute entry:, Via phone conference call, argument & discussion heard. Crt will permit dft to subpoena necessary discovery. Cnsl to formulate agreement on subpoenas & stipulation filed with Crt. ; Judge: BSJ Court Reporter: Reeve Butler Court Deputy: Michael R. Weiler (mrw) |
| Filing 55 Memorandum by Oldcastle Materials, Oldcastle in support of request for access to CID respones or for issuance of third-pty subpoenas (motion not filed) (asp) |
| Filing 54 Notice of Hearing filed : evidentiary hearing set for 9:30 8/6/2004 & Report for Trustee & further recommendations re: "Has purpose of consent decree been achieved?" To be held before Judge BSJ cc:atty ( Ntc generated by: Bench Order) (mrw) |
| Filing 53 Minute entry:, Argument & discussion heard. Crt schedules: Report for Trustee & evidentiary hearing & further recommendations fm parties re: "Has purpose of consent decree been achieved?" set for 9:30 8/6/2004 Both cnsl to notify Trustee. Clerk's Office to notice all parties & Trustee. Judge: BSJ Court Reporter: Reeve Butler Court Deputy: Michael R. Weiler (mrw) |
| Filing 52 Notice of Hearing filed : Motion hearing set for 2:30 6/10/04 for [49-1] motion to amend [7-1] judgment order To be held before Judge BSJ cc:atty ( Ntc generated by: Chambers) (asp) |
| Filing 51 Memorandum by St UT in opposition to [49-1] motion to amend [7-1] judgment order (asp) |
| Filing 50 Memorandum by Oldcastle Materials, Oldcastle in support of [49-1] motion to amend [7-1] judgment order (asp) |
| Filing 49 Motion by Oldcastle Materials, Oldcastle to amend [7-1] judgment order (asp) |
| Filing 48 Response/Reply by St UT to [46-1] response (asp) |
| Filing 47 Amended Notice of Hearing filed : Status Report and Scheduling Conference reset for 2:30 6/10/04 To be held before Judge BSJ cc:atty ( Ntc generated by: Chambers) (asp) |
| Filing 46 Response by Oldcastle Materials, Oldcastle to [43-1] recommendation (asp) |
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Filing 45
Order granting [44-1] motion to continue the hrg set for 3/26/04, Status Report and Scheduling Conference set for 10:30 4/16/04 signed by Judge Bruce S. Jenkins , 3/10/04 cc:atty (asp)
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| Filing 44 Motion by Oldcastle Materials, Oldcastle to continue the hrg set for 3/26/04 (asp) |
| Filing 43 Notice of filing by St UT re: recomendation on amending the jgm (asp) |
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Filing 42
Order re: to SEAL Appraisal Pleadings signed by Judge Bruce S. Jenkins , 12/5/2003 cc:atty (mrw)
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| Filing 41 Minute entry:, Argument & discussion heard. Crt rules: Grants, motion to seal appraisal pleadings , Crt schedules: Further, Status Report and Scheduling Conference set for 1:30 3/26/2004 , Cnsl to timely file motions prior to this conference , Cnsl instructed to indicate documents to be sealed from case record. Pleadings to be removed 7 placed in SEALED ROOM are: #'s: 31, 32, 33, 34, 35, & 36 (separate Bench Order to be executed) ; Judge: BSJ Court Reporter: Mindi Powers Court Deputy: Michael R. Weiler (mrw) |
| Documents (Dkt #'s: 31, 32, 33, 34, 35, & 36 removed from case record and placed in labeled manila envelope in SEALED ROOM pursuant to Bench Instructions (see Dkt #41) ) on this date. (mrw) |
| Filing 40 Reply by Oldcastle Materials, Oldcastle to response to [32-1] motion to strike [31-1] file notice, [32-2] motion to seal [31-1] file notice, [32-3] motion to strike the appraisal (asp) |
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Filing 39
Order granting [38-1] motion to continue motion hrg set for 11/17/03, Motion hearing set for 1:30 12/5/03 for [32-1] motion to strike [31-1] file notice, set for 1:30 12/5/03 for [32-2] motion to seal [31-1] file notice, set for 1:30 12/5/03 for [32-3] motion to strike the appraisal signed by Judge Bruce S. Jenkins , 11/18/03 cc:atty (asp)
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| Filing 38 Motion by Oldcastle Materials, Oldcastle to continue motion hrg set for 11/17/03 (asp) |
| Filing 37 Notice of Hearing filed : Motion hearing set for 2:30 11/17/03 for [32-1] motion to strike [31-1] file notice, set for 2:30 11/17/03 for [32-3] motion to strike the appraisal To be held before Judge BSJ cc:atty ( Ntc generated by: Chambers) (asp) |
| Filing 36 SEALED DOCUMENT (mrw) Modified on 12/05/2003 |
| Filing 35 SEALED DOCUMENT (mrw) Modified on 12/05/2003 |
| Filing 34 SEALED DOCUMENT (mrw) Modified on 12/05/2003 |
| Filing 33 SEALED DOCUMENT (mrw) Modified on 12/05/2003 |
| Filing 32 SEALED DOCUMENT (mrw) Modified on 12/05/2003 |
| Filing 31 SEALED DOCUMENT (mrw) Modified on 12/05/2003 |
| Filing 30 Response by Oldcastle Materials, Oldcastle to [29-1] file notice of non-compliance (asp) |
| Filing 29 Notice of filing by St UT re: notice of Oldcastle's noncompliance with final jgm (asp) |
| Filing 28 Surety BOND entered by defendant Oldcastle, defendant Oldcastle Materials in the Amount of $ 25,000.00 (asp) |
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Filing 27
Order granting [8-1] motion to appoint divestiture trustee (see order for details) ; signed by Judge Bruce S. Jenkins , 6/5/03 cc:atty (asp)
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| Filing 26 Minute entry:, Trustee, R. Joseph Clancy sworn & testifies. Crt instructs cnsl to amend order to require Trustee to file a Report & Account to the Crt preempting any discharge by the Crt. Dft to file modest $25,000 corporate surety bond to be filed with the Clerk of the Court. cc: Financial Deputy . ; Judge: BSJ Court Reporter: Patti Walker Court Deputy: Michael R. Weiler (mrw) |
| Filing 25 Declaration of Michael Brady Re: in support of [24-1] response reply (mrw) |
| Filing 24 Reply by Oldcastle, Oldcastle Materials to response to State's Memorandum on Assets to be divested, Trustee re: [8-1] motion to appoint divestiture trustee (mrw) |
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Filing 23
Minute entry:, Discussion held. Crt inquiries as to who is the proposed trustee. Crt inclined to appt Mr. Clancy but requires appearance of Mr. Clancy in this Crt. Cnsl to prepare stip order containing agreed conditions of contract. Cnsl to post corporate bond of $25,000.00, to assure undertaking & obligations as trustee. Trustee to submit to jurisdiction of Court if not a resident. Compensation to be agreed upon by OldCastle. Judge: BSJ Court Reporter: Reeve Butler Court Deputy: Michael R. Weiler (mrw)
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| Filing 22 Memorandum RE: assets to be divested, trustee filed by Oldcastle, Oldcastle Materials (asp) |
| Filing 21 Memorandum RE: assets to be divested, trustee filed by St UT (asp) |
| Filing 20 Minute entry:, Mr. Fornaciari informs Crt that facility has not been sold and dft not adverse to appt of trustee. Argument & discussion heard. Crt schedules: Cnsl to file re: as to what is to be sold & who is to sell the plant nlt 5/21/2003, with copies to opposing cnsl. , Responses filed nlt 5/22/2003. , Further, status conference set for 10:45 5/23/2003 ; Judge: BSJ Court Reporter: Reeve Butler Court Deputy: Michael R. Weiler (mrw) |
| Filing 19 Minute entry:, Argument & discussion heard. Dft asks for 3-week extension to execute contract & collect deposit. Crt rules: Dft to have until 5/13/2003, to firm contract & deposit. Defers upon [8-1] motion to appoint divestiture trustee, Crt schedules: Further, Motion hearing set for 2:00 5/14/2003 for [17-1] motion for order to show cause on civil contempt, set for 2:00 5/14/03 for [8-1] motion to appoint divestiture trustee, & status conference ; Judge: BSJ Court Reporter: Reeve Butler Court Deputy: Michael R. Weiler (mrw) |
| Filing 18 Memorandum by St UT in support of [17-1] motion for order to show cause on civil contempt (asp) |
| Filing 17 Motion by St UT for order to show cause on civil contempt (asp) |
| Filing 16 Amended Notice of Hearing filed : Motion hearing reset for 11:00 4/22/03 for [8-1] motion to appoint divestiture trustee To be held before Judge BSJ cc:atty ( Ntc generated by: Chambers) (asp) |
| Filing 15 Errata to [14-1] opposition memorandum filed by Oldcastle, Oldcastle Materials to pla's motion to appoint trustee. (jmr) |
| Filing 14 Memorandum by Oldcastle, Oldcastle Materials in opposition to [8-1] motion to appoint divestiture trustee (asp) |
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Filing 13
Order granting [12-1] motion to extend time until 3/27/03 for dfts to resp to pla's motion to appt a Divestiture Trustee signed by Judge Bruce S. Jenkins , 03/19/03 cc:atty (asp)
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| Filing 12 Motion by Oldcastle, Oldcastle Materials to extend time until 3/27/03 for dfts to resp to pla's motion to appt a Divestiture Trustee (asp) |
| Filing 11 Notice of Hearing filed : Motion hearing set for 10:30 4/7/03 for [8-1] motion to appoint divestiture trustee To be held before Judge BSJ cc:atty ( Ntc generated by: BSJ's chambers) (ce) |
| Filing 10 Affidavit of Wayne Klein Re: [8-1] motion to appoint divestiture trustee (asp) |
| Filing 9 Memorandum by St UT in support of [8-1] motion to appoint divestiture trustee (asp) |
| Filing 8 Motion by St UT to appoint divestiture trustee (asp) |
| Case closed per final jgm/stip no 7 (ce) |
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Filing 7
Final Judgment whereas parties agree to settle this case through the entry of this final jgm and intend that this Final Jgm shall settle all claims made by pla in its comlaint filed on 5/29/02. See order for details. Signed by Judge Jenkins, 6/17/02 cc: atty [EOD Date 6/18/02] (jmr)
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| Filing 6 Minute entry: Argument & discussion heard. Pla's exhibits 1 & 2, marked, offered, & received into evidence. Crt rules: granting [2-1] stipulation motion for entry of final judgment. Crt executes final judgment. Judge: BSJ Court Reporter: Dawn Brunner-Hahn Court Deputy: Michael R. Weiler (mrw) |
| Exhibits (1 & 2) for hearing 6/17/2002 lodged on left side of case record. (mrw) |
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Filing 5
Motion and Order signed by Judge Bruce S. Jenkins, 6/17/02. ranting motion/PHV for Attorney John R. Fornaciari on behalf of defendant Oldcastle, defendant Oldcastle Materials cc:attys (jmr)
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| Filing 4 Notice of Hearing filed : Motion hearing set for 11:30 6/17/02 for [2-1] stipulation motion for entry of final judgment To be held before Judge BSJ cc:atty ( Ntc generated by: BSJ secy) |
| Filing 3 Minute entry:, Argument & discussion heard. Crt orders copy of bankruptcy court order & lease. Cnsl to appear pro hac vice. Crt schedules: Continues, Motion hearing set for 2:30 6/18/2002 for [2-1] stipulation motion for entry of final judgment ; Judge: BSJ Court Reporter: Reeve Butler Court Deputy: Michael R. Weiler (mrw) |
| Filing 2 Stipulation by St UT, Oldcastle, Oldcastle Materials for entry of final judgment (asp) |
| Filing 1 Complaint filed, assigned to Judge Bruce S. Jenkins Receipt no.: 120701 (asp) |
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