Unishippers Global Logistics v. DHL Express
Plaintiff: Unishippers Global Logistics
Defendant: DHL Express
Petitioner: Consolidated Plaintiffs from 209cv221 and England Logistics Inc
Case Number: 2:2008cv00894
Filed: November 18, 2008
Court: US District Court for the District of Utah
Office: Contract: Other Office
County: Salt Lake
Presiding Judge: Dale A Kimball
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 20, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 20, 2014 Opinion or Order Filing 551 RECEIPT filed by Defendant DHL Express re: withdrawal of exhibits. Withdrawal of 2 binders of Dft's trial exhibits. (kmj)
March 20, 2014 Opinion or Order Filing 550 RECEIPT filed by Plaintiff Unishippers Global Logistics re: trial exhibits. Withdrawal of 4 binders of plaintiff's exhibits admitted at trial by Jones, Waldo. (kmj)
March 19, 2014 Opinion or Order Filing 549 NOTICE FROM THE CLERK OF COURT - DISPOSITION OF EXHIBITS filed with the Court are scheduled for disposal. The court has six black binders of exhibits admitted at trial. Counsel to take possession of exhibits within 10 days of this notice or exhibits will be disposed of by clerk's office. (kmj)
July 22, 2013 Opinion or Order Filing 548 SATISFACTION OF JUDGMENT re #547 Judgment,, entered In favor of Unishippers Global Logistics Against DHL Express by Unishippers Global Logistics. (Francis, Lewis)
June 27, 2013 Opinion or Order Filing 547 REVISED JUDGMENT: IT IS HEREBY ORDERED that plaintiff Unishippers Global Logistics, LLC recover from the defendant DHL Express (USA), Inc. the amount of $5,500,000, with post-judgment interest at the federal rate from the original Judgment date of August 8, 2011, and attorneys fees and costs in the amount of $1,350,000. The post-judgment interest is waived if the Revised Judgment amount is satisfied by defendant within seven (7) business days of entry of the RevisedJudgment by the Court. Signed by Judge Dale A. Kimball on 6/27/13. (jlw)
June 27, 2013 Opinion or Order Filing 546 Stipulated MOTION for Entry of Judgment (Revised Judgment) filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A - Revised Judgment)(Francis, Lewis)
June 26, 2013 Opinion or Order Filing 545 MANDATE of USCA as to #500 Notice of Appeal, filed by DHL Express, #529 Notice of Cross Appeal filed by Unishippers Global Logistics. According to the USCA the Decision of the USDC for the District of Utah is AFFIRMED in part, REVERSEED in part, and REMANDED for further proceedings. On remand, the district court must vacate the award for damages suffered by Unishippers beyond the 180-day notice period. Because both parties have prevailed in part, we vacate the district courts previous award of attorney fees and costs to Unishippers and remand for recalculation with respect to both parties for the proceedings below. Because each party has prevailed in part on appeal, each shall bear its own fees and costs for the appeal. Judgment included with mandate: Yes. (asp)
February 17, 2012 Opinion or Order Filing 544 ORDER granting #537 Motion to Stay Execution of Judgment. Signed by Judge Dale A. Kimball on 2/17/12 (alt)
February 6, 2012 Opinion or Order Filing 542 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 2/23/2011 before Judge Dale A. Kimball, re #500 Notice of Appeal, #529 Notice of Cross Appeal. Court Reporter/Transcriber Kelly Brown Hicken. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 2/27/2012. Redacted Transcript Deadline set for 3/8/2012. Release of Transcript Restriction set for 5/7/2012. (las) Modified by removing restricted text on 5/7/2012 (rks).
January 19, 2012 Opinion or Order Filing 541 Please be advised the Record is complete for purposes of appeal for USCA case number 11-4216 and 12-4008 re #500 Notice of Appeal, #529 Notice of Cross Appeal. (las)
January 19, 2012 Opinion or Order Filing 539 Please be advised the Record is complete for purposes of appeal for USCA case number 12-4008 re #529 Notice of Cross Appeal. (las)
January 19, 2012 Opinion or Order Filing 538 MEMORANDUM in Support re #537 MOTION to Stay re #499 Clerk's Judgment, filed by Defendant DHL Express. (Attachments: #1 Exhibit A - Bond with Rider)(Sjoblom, J.)
January 19, 2012 Opinion or Order Filing 537 MOTION to Stay re #499 Clerk's Judgment, filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
January 18, 2012 Opinion or Order Filing 540 Amended/Increased Surety BOND in the amount of $32,284,354.00, Bond number 99083, posted by DHL Express (amends #473 Bond) (alt)
January 18, 2012 Opinion or Order Filing 536 TRANSCRIPT REQUEST FORM filed by Unishippers Global Logistics for proceedings held on July 21, 2009 before Judge Dale A. Kimball, re #529 Notice of Cross Appeal (Francis, Lewis)
January 17, 2012 Opinion or Order Filing 535 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of HEARING ON MOTION TO DISMISS held on JULY 21, 2009 before Judge Dale A. Kimball, re #500 Notice of Appeal, #529 Notice of Cross Appeal. Court Reporter/Transcriber REBECCA JANKE, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 2/7/2012. Redacted Transcript Deadline set for 2/17/2012. Release of Transcript Restriction set for 4/16/2012. (las) Modified by removing restricted text on 4/16/2012 (rks).
January 17, 2012 Opinion or Order Filing 534 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of HEARING ON MOTIONS IN LIMINE held on JULY 1, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal, #529 Notice of Cross Appeal. Court Reporter/Transcriber REBECCA JANKE, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 2/7/2012. Redacted Transcript Deadline set for 2/17/2012. Release of Transcript Restriction set for 4/16/2012. (las) Modified by removing restricted text on 4/16/2012 (rks).
January 11, 2012 Opinion or Order Filing 533 ORDER granting #503 Motion to Stay - execution of portion of judgment re atty fees and costs is stayed through 1/19/12; granting #503 Motion for Extension of Time to Post Bond - $1,746,564.64 bond due by 1/19/12. Signed by Judge Dale A. Kimball on 1/9/12 (alt)
January 10, 2012 Opinion or Order Filing 532 TRANSCRIPT REQUEST FORM filed by DHL Express for proceedings held on 07-21-09; 02-23-11 before Judge Dale A. Kimball, re #500 Notice of Appeal, #529 Notice of Cross Appeal (Benard, Blaine)
January 10, 2012 Opinion or Order Filing 531 USCA Case Number Case Appealed to Tenth Case Number 12-4008 for #529 Notice of Cross Appeal filed by Unishippers Global Logistics. (jmr)
January 9, 2012 Opinion or Order Filing 530 Transmission of Preliminary Record to USCA re #529 Notice of Cross Appeal. (las)
January 9, 2012 Opinion or Order Filing 529 NOTICE OF CROSS APPEAL as to #124 Order on Motion to Dismiss, Memorandum Decision,, filed by Unishippers Global Logistics. Appeals to the USCA for the 10th Circuit. Filing fee $ 455, receipt number 1088-1505116. (Francis, Lewis)
January 6, 2012 Opinion or Order Filing 528 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME IX CLOSING ARGUMENTS held on July 29, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 527 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL Jury Instruction Conference held on July 28, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 526 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME VIII PGS 1509-1586 held on JULY 27, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Laura Robinson, Telephone number 801-521-7238 and 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 525 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME VIII PGS 1427-1508 held on JULY 27, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Laura Robinson, Telephone number 801-521-7238 and 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 524 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME VII PGS 1323-1426 held on JULY 27, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Laura Robinson, Kelly Hicken, Telephone number 801-521-7238 and 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 523 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME VII PGS 1260-1322 held on JULY 27, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Laura Robinson, Kelly Hicken, Telephone number 801-521-7238 and 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 522 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME VII PGS 1163-1259 held on JULY 27, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Laura Robinson, Kelly Hicken, Telephone number 801-521-7238 and 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 521 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME VI PGS 1094-1164 held on July 26, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified on 1/12/2012 corrected page numbers (las). Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 520 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME VI PGS 1026-1093 held on JULY 26, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 519 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME VI PGS 932-1025 held on July 26, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 518 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME V PGS 883-931 held on JULY 22, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Brown Hicken, Ray Fenlon, Telephone number 801-521-7238 and 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 517 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME V PGS 811-882 held on JULY 22, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Brown Hicken, Ray Fenlon, Telephone number 801-521-7238 and 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 516 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME V PGS 733-810 held on JULY 22, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Brown Hicken, Ray Fenlon, Telephone number 801-521-7238 and 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 515 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME IV PGS 653-733 held on July 21, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 514 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME IV PGS 579-652 held on July 21, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 513 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME IV PGS 579-652 held on July 21, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 512 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME IV PGS 483-578 held on July 21, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 511 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME III PGS 430-482 held on JULY 20, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Brown Hicken, Ray Fenlon, Telephone number 801-521-7238 and 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 510 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME III PGS 360- 429 held on JULY 20, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Brown Hicken, Ray Fenlon, Telephone number 801-521-7238 and 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 509 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME III PGS 270-359 held on JULY 20, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Brown Hicken, Ray Fenlon, Telephone number 801-521-7238 and 801-809-4634. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 508 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME II PGS 212-269 held on JULY 19, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Kelly Brown, Hicken, Rebecca Janke, Patti Walker, Telephone number 801-521-7238 and 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 507 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME II PGS 754-211 held on JULY 19, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Kelly Brown, Hicken, Rebecca Janke, Patti Walker, Telephone number 801-521-7238 and 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 506 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME II PGS 74-153 (Index) held on JULY 19, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Kelly Brown, Hicken, Rebecca Janke, Patti Walker, Telephone number 801-521-7238 and 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 505 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME I PGS 40-73 held on JULY 18, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 6, 2012 Opinion or Order Filing 504 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL VOLUME I PGS 1-39 held on JULY 18, 2011 before Judge DALE A. KIMBALL, re #500 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 1/27/2012. Redacted Transcript Deadline set for 2/6/2012. Release of Transcript Restriction set for 4/5/2012. (las) Modified by removing restricted text on 4/5/2012 (rks).
January 5, 2012 Opinion or Order Filing 503 Stipulated MOTION to Stay re #499 Clerk's Judgment, , MOTION for Extension of Time To Post a Bond filed by Defendant DHL Express. (Attachments: #1 Exhibit A - Text of Proposed Order)(Haley, George)
December 28, 2011 Opinion or Order Filing 502 USCA Case Number Case Appealed to Tenth Case Number 11-4216 for #500 Notice of Appeal, filed by DHL Express. (jmr)
December 27, 2011 Opinion or Order Filing 501 Transmission of Preliminary Record to USCA re #500 Notice of Appeal. (las)
December 27, 2011 Opinion or Order Filing 500 NOTICE OF APPEAL as to #499 Clerk's Judgment, #498 Order on Motion for Attorney Fees, Order on Motion for Judgment as a Matter of Law, Order on Motion for New Trial, Order on Motion to Stay, Order on Motion for Miscellaneous Relief, Memorandum Decision,,,,,, #451 Judgment, filed by DHL Express. Appeals to the USCA for the 10th Circuit. Filing fee $ 455, receipt number 1088-1499142. (Benard, Blaine)
December 22, 2011 Opinion or Order Filing 499 CLERK'S AMENDED JUDGMENT in favor of Unishippers Global Logistics and against DHL Express in the amount of $30,403,865.00, with post-judgment interest at the federal rate. Plaintiff is also awarded $1,396,414.70 in attorney fees and costs of $301,804.60, and statutorily taxable costs of $48,345.34. Signed by ALT, Deputy Clerk (alt)
December 22, 2011 Opinion or Order Filing 498 MEMORANDUM DECISION AND ORDER granting in part and denying in part #454 Motion for Attorney Fees; granting in part and denying in part #485 Motion for Review of Taxable Costs; denying #466 Motion for Judgment as a Matter of Law ; denying #468 Motion for New Trial; granting #471 Motion to Stay. Signed by Judge Dale A. Kimball on 12/21/11 (alt)
October 31, 2011 Opinion or Order Filing 497 REPLY to Response to Motion re #485 MOTION for Review of Taxable Costs re #476 Costs Taxed filed by Defendant DHL Express. (Sjoblom, J.)
October 24, 2011 Opinion or Order Filing 496 ORDER granting #492 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 10/21/11 (alt)
October 21, 2011 Opinion or Order Filing 495 AFFIDAVIT of Lewis M. Francis re #459 Affidavit/Declaration in Support of Motion,,, (Supplemental) filed by Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
October 20, 2011 Opinion or Order Filing 494 REPLY to Response to Motion re #466 MOTION for Judgment as a Matter of Law filed by Defendant DHL Express. (Sjoblom, J.)
October 20, 2011 Opinion or Order Filing 493 REPLY to Response to Motion re #468 MOTION for New Trial filed by Defendant DHL Express. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sjoblom, J.)
October 20, 2011 Opinion or Order Filing 492 MOTION for Leave to File Excess Pages in Support of Motion for New Trial filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
October 13, 2011 Opinion or Order Filing 491 Plaintiff's MEMORANDUM in Opposition re #485 MOTION for Review of Taxable Costs re #476 Costs Taxed filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
October 12, 2011 Opinion or Order Filing 490 ORDER granting #489 Motion for Extension of Time. Signed by Judge Dale A. Kimball on 10/12/11 (alt)
October 11, 2011 Opinion or Order Filing 489 MOTION for Extension of Time to file reply memoranda re Docket Entry Nos. 466 and 468 filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
October 11, 2011 Opinion or Order Filing 488 ERRATA to #471 MOTION to Stay re #451 Judgment, filed by Defendant DHL Express (errata to correct case caption). (Attachments: #1 Exhibit A - Appeal Bond, #2 Exhibit B - Treasurys Listing of Approved Sureties)(Sjoblom, J.)
October 10, 2011 Opinion or Order Filing 487 REPLY to Response to Motion re #471 MOTION to Stay re #451 Judgment, filed by Defendant DHL Express. (Attachments: #1 Exhibit A-Appeal Bond, #2 Exhibit B-Treasurys Listing of Approved Sureties)(Sjoblom, J.)
September 28, 2011 Opinion or Order Filing 486 MEMORANDUM in Support re #485 MOTION for Review of Taxable Costs re #476 Costs Taxed filed by Defendant DHL Express. (Benard, Blaine)
September 28, 2011 Opinion or Order Filing 485 MOTION for Review of Taxable Costs re #476 Costs Taxed filed by Defendant DHL Express. (Benard, Blaine)
September 27, 2011 Opinion or Order Filing 484 ORDER granting #481 Motion for Leave to File overlength memo. Signed by Judge Dale A. Kimball on 9/27/11 (alt)
September 27, 2011 Opinion or Order Filing 483 ORDER granting #479 Motion for Leave to File overlength memo. Signed by Judge Dale A. Kimball on 9/27/11 (alt)
September 26, 2011 Opinion or Order Filing 482 MEMORANDUM in Opposition re #466 MOTION for Judgment as a Matter of Law filed by Plaintiff Unishippers Global Logistics. (Tolman, Mark)
September 26, 2011 Opinion or Order Filing 481 Ex Parte (Not Sealed) MOTION for Leave to File Overlength Memorandum in Opposition to DHL's Renewed Motion for Judgment as a Matter of Law filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order)(Tolman, Mark)
September 26, 2011 Opinion or Order Filing 480 MEMORANDUM in Opposition re #468 MOTION for New Trial filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A - Transcript of Jury Instruction Conference)(Tolman, Mark)
September 26, 2011 Opinion or Order Filing 479 MOTION for Leave to File Ex Parte Application to File Overlength Memorandum in Opposition to DHL's Motion for New Trial filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order)(Tolman, Mark)
September 23, 2011 Opinion or Order Filing 478 Plaintiff's MEMORANDUM in Opposition re #471 MOTION to Stay re #451 Judgment, filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
September 23, 2011 Opinion or Order Filing 477 REPLY to Response to Motion re #454 Plaintiff's MOTION for Attorney Fees Award of Attorney's Fees and Costs of Litigation filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
September 22, 2011 Opinion or Order Filing 476 Costs Taxed in amount of $66,292.06 for Plaintiff and against Defendant; signed by LSY, Chief Deputy Clerk on 9/22/11 (alt)
September 16, 2011 Opinion or Order Filing 475 ORDER granting #474 Motion for Extension of Time. Signed by Judge Dale A. Kimball on 9/15/11 (alt)
September 14, 2011 Opinion or Order Filing 474 Joint MOTION for Extension of Time for Plaintiff to respond to DHL's Renewed Motion for Judgment as Matter of Law and Motion for New Trial filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order A)(Francis, Lewis)
September 6, 2011 Opinion or Order Filing 473 Surety BOND in the amount of $30,537,789.00, Bond number 99083, posted by DHL Express (alt)
September 6, 2011 Opinion or Order Filing 472 MEMORANDUM in Support re #471 MOTION to Stay re #451 Judgment, filed by Defendant DHL Express. (Attachments: #1 Exhibit A - Appeal Bond)(Haley, George)
September 6, 2011 Opinion or Order Filing 471 MOTION to Stay re #451 Judgment, filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order)(Haley, George)
September 6, 2011 Opinion or Order Filing 470 MEMORANDUM in Opposition re #454 Plaintiff's MOTION for Attorney Fees Award of Attorney's Fees and Costs of Litigation filed by Defendant DHL Express. (Attachments: #1 Exhibit A - Sampling of objectionable time entries re rescission claims, #2 Exhibit B - sampling of objectionable time entries re motion to consolidate, #3 Exhibit C - sampling of objectionable time entries re breach of contract, #4 Exhibit D - vague time entries)(Benard, Blaine)
September 2, 2011 Opinion or Order Filing 469 MEMORANDUM in Support re #468 MOTION for New Trial filed by Defendant DHL Express. (Sjoblom, J.)
September 2, 2011 Opinion or Order Filing 468 MOTION for New Trial filed by Defendant DHL Express. (Sjoblom, J.)
September 2, 2011 Opinion or Order Filing 467 MEMORANDUM in Support re #466 MOTION for Judgment as a Matter of Law filed by Defendant DHL Express. (Sjoblom, J.)
September 2, 2011 Opinion or Order Filing 466 MOTION for Judgment as a Matter of Law filed by Defendant DHL Express. (Sjoblom, J.)
September 2, 2011 Opinion or Order Filing 465 ORDER granting #462 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 09/02/2011. (asp)
September 2, 2011 Opinion or Order Filing 464 ORDER granting #463 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 09/02/2011. (asp)
September 1, 2011 Opinion or Order Filing 463 MOTION for Leave to File Excess Pages in Support of Motion for New Trial filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
September 1, 2011 Opinion or Order Filing 462 MOTION for Leave to File Excess Pages in Support of Renewed Motion for Judgment as a Matter of Law filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
August 31, 2011 Opinion or Order Filing 461 ORDER granting #453 Motion to Stay Judgment; granting #453 Motion for Bond to be filed by 9/6/11 in the amount of $30,537,789.16. Signed by Judge Dale A. Kimball on 8/23/11 (alt)
August 23, 2011 Opinion or Order Filing 460 AFFIDAVIT/DECLARATION of Tricia F. Pannier in Support re #454 Plaintiff's MOTION for Attorney Fees Award of Attorney's Fees and Costs of Litigation Re: Unishippers Direct Costs filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A - Spreadsheet of litigation-related travel expenses, #2 Exhibit B - Part 1 - Backup to litigation-related travel expenses, #3 Exhibit B - Part 2 - Backup to litigation-related travel expenses)(Francis, Lewis)
August 23, 2011 Opinion or Order Filing 459 AFFIDAVIT/DECLARATION of Lewis M. Francis in Support re #454 Plaintiff's MOTION for Attorney Fees Award of Attorney's Fees and Costs of Litigation filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A - August 27, 2009 Order, #2 Exhibit B - Part 1- Jones Waldo records of time entries and descriptions, #3 Exhibit B - Part 2 - of Jones Waldo records of time entries and descriptions, #4 Exhibit B - Part 3 - of Jones Waldo records of time entries and descriptions, #5 Exhibit C - Siedman Prewitt invoices, #6 Exhibit D - List of add'l non-taxable costs, #7 Exhibit E - Orange Legal Tech invoices, #8 Exhibit F - Lone Peak Valuation invoices, #9 Exhibit G - Cohen invoice)(Francis, Lewis)
August 23, 2011 Opinion or Order Filing 458 Plaintiff's MEMORANDUM re #451 Judgment, of Taxable Costs Under FRCP 54(d)(1) filed by Unishippers Global Logistics. (Attachments: #1 Exhibit A - Invoices for deposition transcript invoices, #2 Exhibit B - Trial transcript invoices, #3 Exhibit C - Witness fee invoices, #4 Exhibit D - Trial witness expense invoices, #5 Exhibit E - Outside vendor copying/duplication invoices, #6 Exhibit F - Jones Waldo copying/duplication documentation, #7 Exhibit G - Service of process invoices)(Francis, Lewis)
August 23, 2011 Opinion or Order Filing 457 BILL OF COSTS (Taxable) re: Judgment filed by Unishippers Global Logistics. (Francis, Lewis)
August 23, 2011 Opinion or Order Filing 456 AFFIDAVIT/DECLARATION of David Jordan in Support re #454 Plaintiff's MOTION for Attorney Fees Award of Attorney's Fees and Costs of Litigation RE: ATTORNEY'S FEES OF STOEL RIVES filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
August 23, 2011 Opinion or Order Filing 455 Plaintiff's MEMORANDUM in Support re #454 Plaintiff's MOTION for Attorney Fees Award of Attorney's Fees and Costs of Litigation filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
August 23, 2011 Opinion or Order Filing 454 Plaintiff's MOTION for Attorney Fees Award of Attorney's Fees and Costs of Litigation filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
August 22, 2011 Opinion or Order Filing 453 Stipulated MOTION to Stay re #451 Judgment, MOTION for Bond (Stipulation Regarding Stay of Execution on Judgment and Extension of Time to Post Bond filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order)(Benard, Blaine). Added second motion relief on 8/31/2011 (alt)
August 22, 2011 Opinion or Order Filing 452 NOTICE OF CONVENTIONAL FILING of Motion for Award of Atty Fees & Costs of Litigation; Memorandum in Support; Affidavit of Unishippers' Atty Fees & Costs of Litigation; Affidavit of Tricia F. Pannier; Affidavit of David Jordan Re: Atty Fees of Stoel Rives; Bill of Taxable Costs; and Memorandum of Plaintiff's Taxable Costs Under FRCP 54(d)(1) filed by Plaintiff Unishippers Global Logistics re #451 Judgment, (Francis, Lewis)
August 8, 2011 Opinion or Order Filing 451 JUDGMENT in favor of Unishippers Global Logistics and against DHL Express the amount of $30,403,865.00, with post-judgment interest at the federal rate, and such costs and fees as may be awarded upon proper application - CASE CLOSED. Magistrate Judge Paul M. Warner no longer assigned to case. Signed by Judge Dale A. Kimball on 8/8/11 (alt)
August 1, 2011 Opinion or Order Filing 449 **SEALED DOCUMENT** Jury Panel Record. (kmj)
August 1, 2011 Opinion or Order Filing 448 Trial Witness List. (kmj)
August 1, 2011 Opinion or Order Filing 447 Trial Exhibit List for Plaintiff Unishippers Global Logistics. (kmj)
August 1, 2011 Opinion or Order Filing 446 Trial Exhibit List for Defendant DHL Express. (kmj)
August 1, 2011 Opinion or Order Filing 445 JURY SPECIAL VERDICT for Plaintiff. (kmj)
August 1, 2011 Opinion or Order Filing 443 Jury Instructions (alt)
July 29, 2011 Opinion or Order Filing 450 **SEALED DOCUMENT** Jury Notes. (kmj)
July 29, 2011 Opinion or Order Filing 444 Minute Entry for proceedings held before Judge Dale A. Kimball: Jury Trial completed on 7/29/2011. Court opened at 8:38 AM with all parties present. Out of the jury's presence, Mr. Francis advised the Court that the verdict form needed a revision; dft's objection was heard; the Court ruled that the verdict form would remain as prepared. Pla withdrew exhibit 12. The Jury returned to the box and trial resumed. The jury instructions were read into the record by Judge Kimball. Closing arguments were made by Mr. Houpt and Mr. Ruhland. The jury retired to deliberate at 12:40 PM. Jury notes were received and answered. The jury returned with a verdict in favor of plaintiff at 8:30 PM. The verdict was published; the jury was polled, thanked and excused. The Court directed Mr. Houpt to prepare the judgment and file it next week. Court adjourned at 8:40 PM. Attorney for Plaintiff: Timothy Houpt, Lewis Francis, David Jordan. Attorney for Defendant: George Haley, Christopher Ruhland, Blaine Benard. Court Reporter: Patti Walker. (kmj)
July 28, 2011 Opinion or Order Filing 442 Minute Entry for proceedings held before Judge Dale A. Kimball: Jury Trial held on 7/28/2011. Court opened at 8:33 AM with all parties present. Out of the jury's presence, Pla's objections to dft's exhibit O were argued; Court admitted exhibit O into evidence. Dft's objections to pla's proposed rebuttal witnesses Kevin Lathrup and Joseph Curtis were argued; Court will allow Mr. Lathrup and Mr. Curtis to testify on rebuttal. The jury returned to the box and trial resumed. Dft's witnesses Mark Rudel and Richard Hoffman testified; evidence was offered and received. Dft rested. Pla's rebuttal witnesses Richard Hoffman, Joseph Curtis, Kevin Lathrup and Daniel Lockwood testified. The jury was excused at 12:30 PM with instructions to return at 8:30 AM on 7/29/11. Court recessed at 12:32 PM. The jury instruction conference was held at 1:15 PM. Dft's Motion for Judgment as a Matter of Law and Pla's Motion for Judgment as a Matter of Law were argued; the Court took the motions under advisement. Court recessed at 2:30 PM. Attorney for Plaintiff: Timothy Houpt, Lewis Francis, David Jordan. Attorney for Defendant: George Haley, Christopher Ruhland, Amy Rudd. Court Reporter: Becky Janke, Laura Robinson, Patti Walker. (kmj)
July 28, 2011 Opinion or Order Filing 441 MEMORANDUM in Support re #440 MOTION for Judgment as a Matter of Law filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A - Excerpts from Jury Trial Volume III, #2 Exhibit B - Excerpts from Jury Trial Volume IV)(Tolman, Mark)
July 28, 2011 Opinion or Order Filing 440 MOTION for Judgment as a Matter of Law filed by Plaintiff Unishippers Global Logistics. (Tolman, Mark)
July 28, 2011 Opinion or Order Filing 439 RESPONSE to Motion re #434 MOTION for Judgment as a Matter of Law filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
July 27, 2011 Opinion or Order Filing 438 Proposed Jury Verdict by Defendant DHL Express. (Benard, Blaine)
July 27, 2011 Opinion or Order Filing 437 Minute Entry for proceedings held before Judge Dale A. Kimball: Jury Trial held on 7/27/2011. Court opened at 8:33 AM with all parties present. Out of the jury's presence, dft's objections to pla's proposed exhibits 29, 104, & 231 were argued; the Court admitted all three exhibits into evidence. Pla rested. Mr. Haley advised the Court that dft has filed a Motion for Judgment as a Matter of Law; the motion will be argued at a later time. The jury returned to the box; trial resumed. Dft's witnesses Charles Brewer and Hank Gibson testified; evidence was received. The Jury was excused at 3:05 PM and instructed to return at 8:30 AM on 7/28/11. Court recessed at 3:07 PM. Attorney for Plaintiff: Timothy Houpt, Lewis Francis, David Jordan. Attorney for Defendant: George Haley, Christopher Ruhland, Blaine Benard. Court Reporter: Becky Janke, Laura Robinson, Kelly Hicken. (kmj)
July 27, 2011 Opinion or Order Filing 436 Proposed Jury Instructions by Unishippers Global Logistics. (Attachments: #1 Exhibit A - Proposed Supplemental Jury Instruction Regarding the Statute of Limitations)(Tolman, Mark)
July 27, 2011 Opinion or Order Filing 435 MEMORANDUM in Support re #434 MOTION for Judgment as a Matter of Law filed by Defendant DHL Express. (Benard, Blaine)
July 27, 2011 Opinion or Order Filing 434 MOTION for Judgment as a Matter of Law filed by Defendant DHL Express. (Benard, Blaine)
July 26, 2011 Opinion or Order Filing 433 REPLY to Response to Motion re #430 MOTION Request for Order Overruling DHL's Privilege Objections to Unishippers' Exhibit Numbers 12, 15, 29, 104, 193, 203, and 231 filed by Plaintiff Unishippers Global Logistics. (Tolman, Mark)
July 26, 2011 Opinion or Order Filing 432 Minute Entry for proceedings held before Judge Dale A. Kimball: Jury Trial held on 7/26/2011. Court opened at 8:28 AM with all parties present. Out of the jury's presence, dft's objections to certain exhibits were heard and ruled on; several pla's exhibits were offered and received into evidence. The testimonies of pla's witnesses Kevin Lathrop, John David Vernon, Charles Brewer, and Richard Hoffman were heard. The depositions of Kevin Lathrop and John David Vernon were published. Out of the jury's presence, Mr. Ruhland objected to the testimony of pla's expert witness; after hearing argument, the Court ruled that his testimony will be allowed. The jury returned to the box following the recess and trial resumed. The jury was excused at 2:11 PM and instructed to return at 8:30 AM on 7/27/11. Out of the jury's presence, Mr. Francis offered several exhibits; after hearing dft's objections, the exhibits were received into evidence. Court recessed at 2:18 PM. Attorney for Plaintiff: Timothy Houpt, Lewis Francis, David Jordan. Attorney for Defendant: George Haley, Christopher Ruhland, Blaine Benard. Court Reporter: Patti Walker, Becky Janke, Kelly Hicken. (kmj)
July 26, 2011 Opinion or Order Filing 431 RESPONSE to Motion re #430 MOTION Request for Order Overruling DHL's Privilege Objections to Unishippers' Exhibit Numbers 12, 15, 29, 104, 193, 203, and 231 filed by Defendant DHL Express. (Benard, Blaine)
July 25, 2011 Opinion or Order Filing 430 MOTION Request for Order Overruling DHL's Privilege Objections to Unishippers' Exhibit Numbers 12, 15, 29, 104, 193, 203, and 231 filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A - Luna Gaming San-Diego, LLC v. Dorsey & Whitney, #2 Exhibit B - deposition pages (Ex. 12), #3 Exhibit C - deposition pages (Ex. 15), #4 Exhibit D - deposition pages (Ex. 29), #5 Exhibit E - deposition pages (Ex. 104), #6 Exhibit F - deposition pages (Ex. 193), #7 Exhibit G - deposition pages (Ex. 203), #8 Exhibit H - deposition pages (Ex. 231)) Motions referred to Paul M. Warner.(Tolman, Mark)
July 22, 2011 Opinion or Order Filing 429 Minute Entry for proceedings held before Judge Dale A. Kimball: Jury Trial held on 7/22/2011. Court opened at 8:38 AM with all parties present. Out of the jury's presence, trial exhibits were offered and rec'd. Jury returned to box; trial resumed. Testimonies of pla's witnesses Chris Fris, Hank Gibson, Julie Ann Baughan Fisher, and Kevin Lathrop were heard; evidence rec'd. The depositions of Chris Fris and Hank Gibson were published. The jury was excused at 2:05 PM and instructed to return at 8:30 AM on 7/26/11. Court adjourned. Attorney for Plaintiff: Timothy Houpt, Lewis Francis, David Jordan. Attorney for Defendant: George Haley, Christopher Ruhland, Blaine Benard, Amy Rudd. Court Reporter: Kelly Hicken, Becky Janke, Ray Fenlon. (kmj)
July 21, 2011 Opinion or Order Filing 428 Minute Entry for proceedings held before Judge Dale A. Kimball: Jury Trial held on 7/21/2011. Court opened at 8:32 AM with all parties present. The jury returned to the box; trial resumed. Testimony of pla's witnesses Gerald Cameron, Douglas Thomas, Raymond Head, Raoul Sreenivasan, Karen Jones and Joseph M. Curtis was taken; evidence was offered and received. The deposition of Gerald Cameron was published. The jury was excused at 2:50 PM and instructed to return at 8:30 AM on 7/22/11. Out of the jury's presence, the trial schedule was reviewed. Court adjourned at 2:53 PM. Attorney for Plaintiff: Timothy Houpt, Lewis Francis, David Jordan. Attorney for Defendant: George Haley, Christopher Ruhland, Blaine Benard. Court Reporter: Patti Walker, Becky Janke, Kelly Hicken. (kmj)
July 20, 2011 Opinion or Order Filing 427 Minute Entry for proceedings held before Judge Dale A. Kimball: Jury Trial held on 7/20/2011. Court opened at 8:25 AM with all parties present. Out of the jury's presence, Mr. Benard advised Court of the stipulation re: exhibits filed yesterday; objections to deposition testimony were argued and ruled on. The jury returned to the box and trial resumed. Testimony of Daniel Lockwood contined and evidence was received. The deposition of Daniel Lockwood was published. The jury was excused at 1:55 PM and instructed to return at 8:30 AM on 7/21/11. Out of the jury's presence, the Court heard arguments re: pla's proposed demonstrative exhibit. After hearing the arguments of counsel, the Court ruled that pla may use the exhibit. Court recessed at 2:05 PM. Attorney for Plaintiff: Timothy Houpt, Francis Lewis, David Jordan. Attorney for Defendant: George Haley, Christopher Ruhland, Blaine Benard. Court Reporter: Becky Janke, Ray Fenlon, Kelly Hicken. (kmj)
July 19, 2011 Opinion or Order Filing 426 STIPULATION TO ADMISSION OF UNISHIPPERS EXHIBIT NOS. 282 & 283, AND DHLS EXHIBIT NO. HP by DHL Express. (Benard, Blaine)
July 19, 2011 Opinion or Order Filing 425 Minute Entry for proceedings held before Judge Dale A. Kimball: Jury Trial held on 7/19/2011. Prior to court opening, Court met in chambers with counsel to discuss pla's objections to Juror #9. After discussion, Mr. Houpt moved to remove Juror #9 from the jury; Mr. Haley did not object. Court excused Juror #9 from the panel. Court opened at 8:48 AM with all parties present. The jury returned to the box; trial resumed. Testimony of Daniel Lockwood was taken; evidence rec'd. The jury was excused at 2:35 PM and instructed to return at 8:30 AM on 7/20/11. Court adjourned. Attorney for Plaintiff: Timothy Houpt, Lewis Francis, David Jordan. Attorney for Defendant: Christopher Ruhland, George Haley. Court Reporter: Kelly Hicken, Becky Janke, Patti Walker. (kmj)
July 18, 2011 Opinion or Order Filing 424 Minute Entry for proceedings held before Judge Dale A. Kimball: Jury Trial held on 7/18/2011. Prior to jury selection, Court opened at 8:25 AM with all parties present to review trial procedures, address objections to proposed voir dire, objections to the statements of the case, and DHL's objections to pla's exhibits. Prospective jurors were seated. Voir dire was completed; a panel of 12 jurors and 1 alternate were selected and sworn for service. Recess taken. Out of the jury's presence, the Court and counsel met with juror #9 in chambers to query the juror about his alleged criminal record. Counsel will do further research; juror #9 to remain on the jury at this time. Jury returned to the box; trial resumed. Opening statements were made by Mr. Houpt and Mr. Ruhland. The jury was excused at 1:55 PM and instructed to return at 8:30 AM on 7/19/11. Court recessed at 1:55 PM. Attorney for Plaintiff: Timothy Houpt, Lewis Francis, David Jordan. Attorney for Defendant: George Haley, Christopher Ruhland. Court Reporter: Becky Janke & Kelly Hicken. (kmj)
July 18, 2011 Opinion or Order Filing 423 Minute Entry for proceedings held before Judge Dale A. Kimball: Voir Dire held on 7/18/2011. Attorney for Plaintiff: Timothy Houpt, Lewis Francis, David Jordan. Attorney for Defendant: George Haley, Christopher Ruhland. Court Reporter: Becky Janke & Kelly Hicken. (kmj)
July 15, 2011 Opinion or Order Filing 422 NOTICE of Filing Objections to Plaintiff's Requested Voir Dire Questions to Prospective Jury Members by DHL Express re #403 Proposed Voir Dire (Sjoblom, J.)
July 15, 2011 Opinion or Order Filing 421 NOTICE of Filing DHL's Objections to Unishippers' Deposition Designations and DHL's Counter-Designations by DHL Express re #396 Notice (Other) (Sjoblom, J.)
July 15, 2011 Opinion or Order Filing 420 NOTICE of Filing Acceptance of Service of Trial Subpoenas for Steven Bryce Leavitt and Tricia Flinders Pannier by DHL Express (Sjoblom, J.)
July 15, 2011 Opinion or Order Filing 419 NOTICE of filing of Unishippers' Deposition Counter-Designations by Unishippers Global Logistics re #398 Notice (Other) (Francis, Lewis)
July 15, 2011 Opinion or Order Filing 418 OBJECTIONS to #401 Proposed Voir Dire filed by Unishippers Global Logistics. (Francis, Lewis)
July 15, 2011 Opinion or Order Filing 417 OBJECTIONS to (Re-Stated) Objections to DHL's July 14, 2011 List of Trial Exhibits filed by Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
July 15, 2011 Opinion or Order Filing 416 Plaintiff's MOTION to Strike #407 Objections Plaintiff's Request for Pretrial Ruling Striking DHL's Untimely and Improper Objections to Pl's Trial Exhibits filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A) Motions referred to Paul M. Warner.(Francis, Lewis)
July 15, 2011 Opinion or Order Filing 415 OBJECTIONS to DHL's Overview of Defenses and Position Statement to Jury filed by Unishippers Global Logistics. (Francis, Lewis)
July 15, 2011 Opinion or Order Filing 414 Plaintiff's RESPONSE re #410 Memorandum (NOT to motion), to DHL's Objections to Unishippers' Proposed Supplemental Jury Instructions and DHL's Proposed Alternative Instructions filed by Unishippers Global Logistics. (Francis, Lewis)
July 15, 2011 Opinion or Order Filing 413 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Acceptance of Service served on Joseph W. Loosle, Esq. for Charles Derr on July 8, 2011, filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
July 15, 2011 Opinion or Order Filing 412 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Appear and Testify at Trial served on Charles Derr on July 8, 2011, filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
July 15, 2011 Opinion or Order Filing 411 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Appear and Testify at Trial served on Bret R. Miller on July 9, 2011, filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
July 15, 2011 Opinion or Order Filing 410 Defendant's MEMORANDUM re #388 Proposed Jury Instructions (Memorandum in Support of its Proposed Supplemental Jury Instructions) filed by DHL Express. (Sjoblom, J.)
July 15, 2011 Opinion or Order Filing 409 OBJECTIONS to #395 Proposed Jury Instructions (Objections to Unishippers' Late-Filed "Modified and Additional Proposed Supplemental Jury Instructions") filed by DHL Express. (Sjoblom, J.)
July 14, 2011 Opinion or Order Filing 408 NOTICE of Defendant's Proposed Special Verdict Form by DHL Express (Maxfield, Eric)
July 14, 2011 Opinion or Order Filing 407 OBJECTIONS to Unishippers Global Logistics, LLC's Trial Exhibits filed by DHL Express. (Attachments: #1 Exhibit Objections to Unishippers' Trial Exhibits)(Maxfield, Eric)
July 14, 2011 Opinion or Order Filing 406 NOTICE of Plaintiff's Proposed Special Verdict Form by Unishippers Global Logistics re #307 Trial Order, (Francis, Lewis)
July 14, 2011 Opinion or Order Filing 405 ORDER denying Request for Jury Questionnaire. Signed by Judge Dale A. Kimball on 7/14/11 (alt)
July 14, 2011 Opinion or Order Filing 404 NOTICE of Appearance by David J. Jordan on behalf of Unishippers Global Logistics (Jordan, David)
July 13, 2011 Opinion or Order Filing 403 Proposed Voir Dire by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
July 13, 2011 Opinion or Order Filing 402 NOTICE of Filing Joint Request for Jury Questionnaire by DHL Express, Unishippers Global Logistics (Attachments: #1 Exhibit A - DHL's proposed jury questionnaire, #2 Exhibit B - Unishippers proposed jury questionnaire) (Benard, Blaine)
July 13, 2011 Opinion or Order Filing 401 Proposed Voir Dire by Defendant DHL Express. (Benard, Blaine)
July 12, 2011 Opinion or Order Filing 400 NOTICE of Issuance of Trial Subpoena to Bret R. Miller by Unishippers Global Logistics (Attachments: #1 Exhibit A) (Francis, Lewis)
July 12, 2011 Opinion or Order Filing 399 NOTICE of Issuance of Trial Subpoena to Charles Derr by Unishippers Global Logistics (Attachments: #1 Exhibit A) (Francis, Lewis)
July 11, 2011 Opinion or Order Filing 398 NOTICE of Filing DHL's Designations of Deposition Testimony by DHL Express (Benard, Blaine)
July 11, 2011 Opinion or Order Filing 397 OBJECTIONS to #388 Proposed Jury Instructions filed by Unishippers Global Logistics. (Tolman, Mark)
July 11, 2011 Opinion or Order Filing 396 NOTICE of filing of Unishippers Deposition Designations by Unishippers Global Logistics (Francis, Lewis)
July 11, 2011 Opinion or Order Filing 395 Proposed Jury Instructions by Unishippers Global Logistics. (Attachments: #1 Exhibit A - Unishippers' Modified and Additional Proposed Supplemental Jury Instructions)(Tolman, Mark)
July 11, 2011 Opinion or Order Filing 394 OBJECTIONS to #389 Proposed Jury Instructions filed by DHL Express. (Attachments: #1 Exhibit A)(Sjoblom, J.)
July 5, 2011 Opinion or Order Filing 393 MEMORANDUM DECISION AND ORDER granting #308 Motion to Exclude; granting #309 Motion in Limine; denying #337 Sealed Motion in Limine; denying #310 Motion in Limine; denying #332 Sealed Motion in Limine; granting #314 Motion in Limine; granting in part and denying in part #316 Motion in Limine; granting in part and denying in part #318 Motion in Limine; denying #334 Sealed Motion in Limine; granting #320 Motion in Limine; granting in part and denying in part #322 Motion in Limine. Signed by Judge Dale A. Kimball on 7/5/11 (alt)
July 2, 2011 Opinion or Order Filing 392 NOTICE of Withdrawal of Stipulation to Stipulated Jury Instruction Numbers 7 and 9 by Unishippers Global Logistics re #387 Proposed Jury Instructions (Tolman, Mark)
July 1, 2011 Opinion or Order Filing 391 NOTICE of Substitution of Plaintiff's Proposed Supplemental Jury Instruction No. 14 by Unishippers Global Logistics re #389 Proposed Jury Instructions (Attachments: #1 Exhibit A - Replacement Instruction No. 14) (Tolman, Mark)
July 1, 2011 Opinion or Order Filing 390 ERRATA to #388 Proposed Jury Instructions filed by Defendant DHL Express to correctly indicate filing party. (Attachments: #1 Exhibit A)(Sjoblom, J.)
July 1, 2011 Opinion or Order Filing 389 Proposed Jury Instructions by Unishippers Global Logistics. (Attachments: #1 Exhibit A - Proposed Supplemental Jury Instructions)(Tolman, Mark)
July 1, 2011 Opinion or Order Filing 388 Proposed Jury Instructions by DHL Express. (Attachments: #1 Exhibit A)(Benard, Blaine)
July 1, 2011 Opinion or Order Filing 387 Proposed Jury Instructions by DHL Express, Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Benard, Blaine)
July 1, 2011 Opinion or Order Filing 386 Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 7/1/2011 re #309 Plaintiff's MOTION in Limine Re: DHL Payment Claims filed by Unishippers Global Logistics, #337 *SEALED DOCUMENT* SEALED MOTION filed by DHL Express, #316 MOTION in Limine No. 5 to Exclude Evidence of Litigation Reserves filed by DHL Express, #314 MOTION in Limine No. 4 regarding Parole Evidence filed by DHL Express, #332 *SEALED DOCUMENT* SEALED MOTION filed by DHL Express, #310 MOTION in Limine No. 2 re Purported Misrepresentations to Plaintiff filed by DHL Express, #320 MOTION in Limine No. 8 re Project Locust filed by DHL Express, #334 *SEALED DOCUMENT* SEALED MOTION filed by DHL Express, #308 Plaintiff's MOTION to Exclude the Testimony of Undisclosed Witnesses filed by Unishippers Global Logistics, #318 MOTION in Limine No. 6 re References to Other Resellers filed by DHL Express, #322 MOTION in Limine No. 9 re Evidence of TRO or PI filed by DHL Express. The Court heard the arguments presented by counsel and took the motions under advisement. Attorney for Plaintiff: Timothy Houpt, Lewis Francis, Mark Tolman. Attorney for Defendant: George Haley, Christopher Ruhland. Court Reporter: Becky Janke. (kmj)
June 30, 2011 Opinion or Order Filing 385 NOTICE of Withdrawal of DHL's Opposition to Unishippers' Motions in Limine re DHL Payment Claims and Undisclosed Witnesses by DHL Express (Maxfield, Eric)
June 30, 2011 Opinion or Order Filing 384 NOTICE of Exercise of Rule 615 Exclusion of Witnesses by DHL Express (Maxfield, Eric)
June 28, 2011 Opinion or Order Filing 383 **SEALED DOCUMENT** SEALED REPLY MEMORANDUM IN SUPPORT OF #337 SEALED MOTION in Limine filed by Defendant DHL Express (Attachments: #1 Exhibits 1-2, #2 Exhibit 3) (alt)
June 28, 2011 Opinion or Order Filing 382 Defendant's MEMORANDUM in Support re #381 Defendant's MOTION for Leave to File Excess Pages re Reply Memorandum in Support of Motion in Limine No. 1 Regarding Damages Evidence filed by Defendant DHL Express. (Maxfield, Eric)
June 28, 2011 Opinion or Order Filing 381 Defendant's MOTION for Leave to File Excess Pages re Reply Memorandum in Support of Motion in Limine No. 1 Regarding Damages Evidence filed by Defendant DHL Express. (Attachments: #1 Exhibit Proposed Order) Motions referred to Paul M. Warner.(Maxfield, Eric)
June 27, 2011 Opinion or Order Filing 378 ORDER granting #352 Motion for Admission Pro Hac Vice of Amy Rudd for DHL Express. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Dale A. Kimball on 6/24/11 (alt)
June 24, 2011 Opinion or Order Filing 380 **SEALED DOCUMENT** SEALED REPLY MEMORANDUM IN SUPPORT OF #334 SEALED MOTION in Limine No. 7 filed by Defendant DHL Express (alt)
June 24, 2011 Opinion or Order Filing 379 **SEALED DOCUMENT** SEALED REPLY MEMORANDUM IN SUPPORT OF #332 SEALED MOTION in Limine No. 3 filed by Defendant DHL Express (alt)
June 24, 2011 Opinion or Order Filing 374 Plaintiff's MEMORANDUM in Support re #309 Plaintiff's MOTION in Limine Re: DHL Payment Claims filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Francis, Lewis)
June 24, 2011 Opinion or Order Filing 372 REPLY to Response to Motion re #322 MOTION in Limine No. 9 re Evidence of TRO or PI filed by Defendant DHL Express. (Benard, Blaine)
June 24, 2011 Opinion or Order Filing 371 REPLY to Response to Motion re #320 MOTION in Limine No. 8 re Project Locust filed by Defendant DHL Express. (Benard, Blaine)
June 24, 2011 Opinion or Order Filing 370 REPLY to Response to Motion re #318 MOTION in Limine No. 6 re References to Other Resellers filed by Defendant DHL Express. (Benard, Blaine)
June 24, 2011 Opinion or Order Filing 369 REPLY to Response to Motion re #316 MOTION in Limine No. 5 to Exclude Evidence of Litigation Reserves filed by Defendant DHL Express. (Benard, Blaine)
June 24, 2011 Opinion or Order Filing 367 REPLY to Response to Motion re #314 MOTION in Limine No. 4 regarding Parole Evidence filed by Defendant DHL Express. (Benard, Blaine)
June 24, 2011 Opinion or Order Filing 366 REPLY to Response to Motion re #310 MOTION in Limine No. 2 re Purported Misrepresentations to Plaintiff filed by Defendant DHL Express. (Benard, Blaine)
June 24, 2011 Opinion or Order Filing 360 REPLY to Response to Motion re #308 Plaintiff's MOTION to Exclude the Testimony of Undisclosed Witnesses filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A - Discovery Responses, #2 Exhibit B - Affidavit of Lewis M. Francis)(Tolman, Mark)
June 24, 2011 Opinion or Order Filing 356 AMENDED NOTICE OF HEARING ON MOTION re: #322 MOTION in Limine No. 9 re Evidence of TRO or PI, #308 Plaintiff's MOTION to Exclude the Testimony of Undisclosed Witnesses, #316 MOTION in Limine No. 5 to Exclude Evidence of Litigation Reserves, #314 MOTION in Limine No. 4 regarding Parole Evidence, #337 *SEALED DOCUMENT* SEALED MOTION, #334 *SEALED DOCUMENT* SEALED MOTION, #332 *SEALED DOCUMENT* SEALED MOTION, #309 Plaintiff's MOTION in Limine Re: DHL Payment Claims, #320 MOTION in Limine No. 8 re Project Locust, #318 MOTION in Limine No. 6 re References to Other Resellers, #310 MOTION in Limine No. 2 re Purported Misrepresentations to Plaintiff : (Notice generated by Kim Jones) Motion Hearing set for 7/1/2011 at 09:00 AM in Room 220 before Judge Dale A. Kimball. (kmj)
June 23, 2011 Opinion or Order Filing 353 Plaintiff's RESPONSE re #348 Pretrial Order, filed by Unishippers Global Logistics. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Francis, Lewis)
June 23, 2011 Opinion or Order Filing 352 MOTION for Admission Pro Hac Vice of Amy Rudd, Registration fee $ 15, receipt number 1088-1378365, filed by Defendant DHL Express. (Attachments: #1 Exhibit Application for Admission, #2 Exhibit Electronic Case Filing Registration Form, #3 Text of Proposed Order)(Benard, Blaine)
June 22, 2011 Opinion or Order Filing 377 **SEALED DOCUMENT** SEALED EXHIBITS 1-35 TO #376 Sealed Opposition to #337 SEALED MOTION in Limine No. 1, filed by Plaintiff Unishippers Global Logistics (oversized document is not scanned - will be kept in permanent storage) (alt)
June 22, 2011 Opinion or Order Filing 376 **SEALED DOCUMENT** SEALED OPPOSITION TO #337 SEALED MOTION in Limine No. 1, filed by Plaintiff Unishippers Global Logistics (alt)
June 22, 2011 Opinion or Order Filing 351 ORDER granting #349 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 6/22/11 (alt)
June 21, 2011 Opinion or Order Filing 350 NOTICE OF CONVENTIONAL FILING of Unishippers Global Logistics' Opposition to DHL's Motions in Limine No. 1 Re: Damages Evidence and Exhibits thereto filed by Plaintiff Unishippers Global Logistics re #337 *SEALED DOCUMENT* SEALED MOTION (Francis, Lewis)
June 21, 2011 Opinion or Order Filing 349 Plaintiff's MOTION for Leave to File Excess Pages Unishippers' Opposition to DHL's Motion in Limine No. 1 Re: Damages Evidence filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Francis, Lewis)
June 21, 2011 Opinion or Order Filing 348 PRETRIAL ORDER: Jury Trial set for 7/18/2011 08:30 AM in Room 220 before Judge Dale A. Kimball. Signed by Judge Dale A. Kimball on 06/21/2011. See order for details.(asp)
June 20, 2011 Opinion or Order Filing 347 DOCKET TEXT ORDER re #340 Stipulation filed by Unishippers Global Logistics. The Stipulated Motion is GRANTED. Unishippers' deadline to file its memorandum in opposision to DHL's Motion in Limine No. 1 Re: Damages Evidence is extended from Friday, June 17, 2001 to Tuesday, June 21, 2011. DHL's reply memorandum is due on the following Tuesday, June 28, 2011. The parties shall email and/or hand-deliver their memoranda to opposing counsel by 5:00 p.m. on the dates due. No attached document. Signed by Judge Dale A. Kimball on 6/20/11. (awm)
June 17, 2011 Opinion or Order Filing 375 **SEALED DOCUMENT** SEALED OPPOSITION TO #308 MOTION to Exclude the Testimony of Undisclosed Witnesses, filed by Defendant DHL Express (Attachments: #1 Exhibits A-B, #2 Exhibits C-D) (alt)
June 17, 2011 Opinion or Order Filing 373 **SEALED DOCUMENT** SEALED EXHIBITS TO #368 Sealed Opposition to #320 MOTION in Limine No. 8 re Project Locust, filed by Plaintiff Unishippers Global Logistics (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibits 3-4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibits 7-8) (alt)
June 17, 2011 Opinion or Order Filing 368 **SEALED DOCUMENT** SEALED OPPOSITION TO #320 MOTION in Limine No. 8 re Project Locust filed by Plaintiff Unishippers Global Logistics (alt)
June 17, 2011 Opinion or Order Filing 365 **SEALED DOCUMENT** SEALED EXHIBITS TO #364 Sealed Opposition to #334 SEALED MOTION in Limine No. 7, filed by Plaintiff Unishippers Global Logistics (Attachments: #1 Exhibit A, #2 Exhibit B) (alt)
June 17, 2011 Opinion or Order Filing 364 **SEALED DOCUMENT** SEALED OPPOSITION TO #334 SEALED MOTION in Limine No. 7, filed by Plaintiff Unishippers Global Logistics (alt)
June 17, 2011 Opinion or Order Filing 363 **SEALED DOCUMENT** SEALED EXHIBITS TO #362 Sealed Opposition to #318 MOTION in Limine No. 6 re References to Other Resellers, filed by Plaintiff Unishippers Global Logistics (Attachments: #1 Exhibits 1-2, #2 Exhibits 3-4, #3 Exhibits 5-6, #4 Exhibits 7-8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibits 11-12, #8 Exhibits 13-14) (alt)
June 17, 2011 Opinion or Order Filing 362 **SEALED DOCUMENT** SEALED OPPOSITION TO #318 MOTION in Limine No. 6 re References to Other Resellers filed by Plaintiff Unishippers Global Logistics (alt)
June 17, 2011 Opinion or Order Filing 361 **SEALED DOCUMENT** SEALED EXHIBITS TO #359 Sealed Opposition to #316 MOTION in Limine No. 5 to Exclude Evidence of Litigation Reserves, filed by Plaintiff Unishippers Global Logistics (Attachments: #1 Exhibits A-B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F) (alt)
June 17, 2011 Opinion or Order Filing 359 **SEALED DOCUMENT** SEALED OPPOSITION TO #316 MOTION in Limine No. 5 to Exclude Evidence of Litigation Reserves filed by Plaintiff Unishippers Global Logistics (alt)
June 17, 2011 Opinion or Order Filing 358 **SEALED DOCUMENT** SEALED EXHIBITS TO #357 Sealed Opposition to #332 SEALED MOTION in Limine No. 3, filed by Plaintiff Unishippers Global Logistics (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibits 4-5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibits 14-15, #14 Exhibits 16-17, #15 Exhibit 18, #16 Exhibit 19) (alt)
June 17, 2011 Opinion or Order Filing 357 **SEALED DOCUMENT**SEALED OPPOSITION TO #332 SEALED MOTION in Limine No. 3, filed by Plaintiff Unishippers Global Logistics (alt)
June 17, 2011 Opinion or Order Filing 355 **SEALED DOCUMENT** SEALED EXHIBITS TO #354 Sealed Opposition to #310 MOTION in Limine No. 2 re Purported Misrepresentations to Plaintiff, filed by Plaintiff Unishippers Global Logistics (Attachments: #1 Exhibits 1-2, #2 Exhibit 3, #3 Exhibits 4-5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibits 10-11, #9 Exhibits 12-13, #10 Exhibit 14, #11 Exhibit 15, #12 Exhibit 16) (alt)
June 17, 2011 Opinion or Order Filing 354 **SEALED DOCUMENT** SEALED OPPOSITION TO #310 MOTION in Limine No. 2 re Purported Misrepresentations to Plaintiff filed by Plaintiff Unishippers Global Logistics (alt)
June 17, 2011 Opinion or Order Filing 346 STIPULATION re #307 Trial Order, Stipulated Pretrial Order by Unishippers Global Logistics. (Francis, Lewis)
June 17, 2011 Opinion or Order Filing 345 Plaintiff's MEMORANDUM in Opposition re #322 MOTION in Limine No. 9 re Evidence of TRO or PI filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
June 17, 2011 Opinion or Order Filing 344 Plaintiff's MEMORANDUM in Opposition re #314 MOTION in Limine No. 4 regarding Parole Evidence filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
June 17, 2011 Opinion or Order Filing 343 NOTICE OF CONVENTIONAL FILING of Unishippers Global Logistics' Oppositions to DHL's Motions in Limine Nos. 2, 3, 5, 6, 7 and 8 filed by Plaintiff Unishippers Global Logistics re #316 MOTION in Limine No. 5 to Exclude Evidence of Litigation Reserves, #332 *SEALED DOCUMENT* SEALED MOTION, #310 MOTION in Limine No. 2 re Purported Misrepresentations to Plaintiff, #320 MOTION in Limine No. 8 re Project Locust, #334 *SEALED DOCUMENT* SEALED MOTION, #318 MOTION in Limine No. 6 re References to Other Resellers (Francis, Lewis)
June 17, 2011 Opinion or Order Filing 342 NOTICE OF CONVENTIONAL FILING of DHL Express (USA), Inc.'s Opposition to Unishippers' Motion to Exclude the Testimony of Undisclosed Witnesses filed by Defendant DHL Express (Benard, Blaine)
June 17, 2011 Opinion or Order Filing 341 RESPONSE to Motion re #309 Plaintiff's MOTION in Limine Re: DHL Payment Claims filed by Defendant DHL Express. (Benard, Blaine)
June 17, 2011 Opinion or Order Filing 340 STIPULATION re #337 *SEALED DOCUMENT* SEALED MOTION by Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order Order Extending Time to Respond to DHL's Motion in Limine #1 Re: Damages Evidence)(Francis, Lewis)
June 17, 2011 Opinion or Order Filing 339 Motions No Longer Referred: #337 *SEALED DOCUMENT* SEALED MOTION. (srs)
June 16, 2011 Opinion or Order Filing 336 Motions No Longer Referred: #334 *SEALED DOCUMENT* SEALED MOTION, #308 Plaintiff's MOTION to Exclude the Testimony of Undisclosed Witnesses, #332 *SEALED DOCUMENT* SEALED MOTION. Motions to be heard by Judge Kimball. (srs)
June 15, 2011 Opinion or Order Filing 338 **SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT OF #337 SEALED MOTION in Limine No. 1 filed by Defendant DHL Express (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibits 3-4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8) (alt)
June 15, 2011 Opinion or Order Filing 337 *SEALED DOCUMENT* SEALED MOTION in Limine No. 1 filed by Defendant DHL Express. Motion referred to Paul M. Warner (alt)
June 13, 2011 Opinion or Order Filing 331 ORDER granting #324 Stipulated Motion to Exclude Certain Evidence. Signed by Judge Dale A. Kimball on 6/13/11 (alt)
June 13, 2011 Opinion or Order Filing 330 ORDER granting #326 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 6/13/11 (alt)
June 13, 2011 Opinion or Order Filing 329 NOTICE OF HEARING ON MOTION re: #322 MOTION in Limine No. 9 re Evidence of TRO or PI, #308 Plaintiff's MOTION to Exclude the Testimony of Undisclosed Witnesses, #316 MOTION in Limine No. 5 to Exclude Evidence of Litigation Reserves, #314 MOTION in Limine No. 4 regarding Parole Evidence, #324 Joint MOTION to Exclude Certain Evidence (Stipulated), #309 Plaintiff's MOTION in Limine Re: DHL Payment Claims, #320 MOTION in Limine No. 8 re Project Locust, #318 MOTION in Limine No. 6 re References to Other Resellers, #310 MOTION in Limine No. 2 re Purported Misrepresentations to Plaintiff : (Notice generated by Kim Jones) Motion Hearing set for 7/1/2011 at 09:00 AM in Room 220 before Judge Dale A. Kimball. The Court has scheduled a 2-hour block of time for this hearing. (kmj)
June 13, 2011 Opinion or Order Remark: deleted all un-consolidated parties from the case in order to allow CM/ECF to work with fewer errors and to clean up party selection screen. (alt)
June 10, 2011 Opinion or Order Filing 335 **SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT OF #334 SEALED MOTION in Limine No. 7 filed by Defendant DHL Express (Attachments: #1 Exhibit A) (alt)
June 10, 2011 Opinion or Order Filing 334 *SEALED DOCUMENT* SEALED MOTION in Limine No. 7 re: Franchisee Damages filed by Defendant DHL Express. Motion referred to Paul M. Warner (alt)
June 10, 2011 Opinion or Order Filing 333 **SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT OF #332 SEALED MOTION in Limine No. 3 filed by Defendant DHL Express (Attachments: #1 Exhibit A) (alt)
June 10, 2011 Opinion or Order Filing 332 *SEALED DOCUMENT* SEALED MOTION in Limine No. 3 re: Hank Gibson filed by Defendant DHL Express. Motion referred to Paul M. Warner (alt)
June 10, 2011 Opinion or Order Filing 328 Plaintiff's MEMORANDUM in Support re #309 Plaintiff's MOTION in Limine Re: DHL Payment Claims AMENDED filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Appendix, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Francis, Lewis)
June 10, 2011 Opinion or Order Filing 327 Defendant's MEMORANDUM in Support re #326 Defendant's MOTION for Leave to File Excess Pages Overlength Memorandum in Support of Motion in Limine No. 1 Re Damages Evidence filed by Defendants DHL Express, DPWN Holdings (USA). (Maxfield, Eric)
June 10, 2011 Opinion or Order Filing 326 Defendant's MOTION for Leave to File Excess Pages Overlength Memorandum in Support of Motion in Limine No. 1 Re Damages Evidence filed by Defendants DHL Express, DPWN Holdings (USA). (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Maxfield, Eric)
June 10, 2011 Opinion or Order Filing 325 NOTICE OF CONVENTIONAL FILING of DHL's Motions in Limine Nos. 1, 3 and 7 filed by Defendants DHL Express, DPWN Holdings (USA) (Maxfield, Eric)
June 10, 2011 Opinion or Order Filing 324 Joint MOTION to Exclude Certain Evidence (Stipulated) filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
June 10, 2011 Opinion or Order Filing 323 MEMORANDUM in Support re #322 MOTION in Limine No. 9 re Evidence of TRO or PI filed by Defendant DHL Express. (Benard, Blaine)
June 10, 2011 Opinion or Order Filing 322 MOTION in Limine No. 9 re Evidence of TRO or PI filed by Defendant DHL Express. (Benard, Blaine)
June 10, 2011 Opinion or Order Filing 321 MEMORANDUM in Support re #320 MOTION in Limine No. 8 re Project Locust filed by Defendant DHL Express. (Benard, Blaine)
June 10, 2011 Opinion or Order Filing 320 MOTION in Limine No. 8 re Project Locust filed by Defendant DHL Express. (Benard, Blaine)
June 10, 2011 Opinion or Order Filing 319 MEMORANDUM in Support re #318 MOTION in Limine No. 6 re References to Other Resellers filed by Defendant DHL Express. (Benard, Blaine)
June 10, 2011 Opinion or Order Filing 318 MOTION in Limine No. 6 re References to Other Resellers filed by Defendant DHL Express. (Benard, Blaine)
June 10, 2011 Opinion or Order Filing 317 MEMORANDUM in Support re #316 MOTION in Limine No. 5 to Exclude Evidence of Litigation Reserves filed by Defendant DHL Express. (Attachments: #1 Exhibit A - Correspondence)(Benard, Blaine)
June 10, 2011 Opinion or Order Filing 316 MOTION in Limine No. 5 to Exclude Evidence of Litigation Reserves filed by Defendant DHL Express. (Benard, Blaine)
June 10, 2011 Opinion or Order Filing 315 MEMORANDUM in Support re #314 MOTION in Limine No. 4 regarding Parole Evidence filed by Defendant DHL Express. (Benard, Blaine)
June 10, 2011 Opinion or Order Filing 314 MOTION in Limine No. 4 regarding Parole Evidence filed by Defendant DHL Express. (Benard, Blaine)
June 10, 2011 Opinion or Order Filing 313 Plaintiff's MEMORANDUM in Support re #309 Plaintiff's MOTION in Limine Re: DHL Payment Claims filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Appendix of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Francis, Lewis)
June 10, 2011 Opinion or Order Filing 312 MEMORANDUM in Support re #310 MOTION in Limine No. 2 re Purported Misrepresentations to Plaintiff filed by Defendant DHL Express. (Benard, Blaine)
June 10, 2011 Opinion or Order Filing 311 MEMORANDUM in Support re #308 Plaintiff's MOTION to Exclude the Testimony of Undisclosed Witnesses filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit 1 - DHL's Initial Disclosures, #2 Exhibit 2 - DHL's Supplemental Disclosures, #3 Exhibit 3 - DHL's Pre-Trial Disclosures)(Tolman, Mark)
June 10, 2011 Opinion or Order Filing 310 MOTION in Limine No. 2 re Purported Misrepresentations to Plaintiff filed by Defendant DHL Express. (Benard, Blaine)
June 10, 2011 Opinion or Order Filing 309 Plaintiff's MOTION in Limine Re: DHL Payment Claims filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
June 10, 2011 Opinion or Order Filing 308 Plaintiff's MOTION to Exclude the Testimony of Undisclosed Witnesses filed by Plaintiff Unishippers Global Logistics. Motions referred to Paul M. Warner.(Tolman, Mark)
May 20, 2011 Opinion or Order Filing 307 TRIAL ORDER with instructions to counsel: 9-day Jury Trial set for 7/18/2011 08:30 AM in Room 220 before Judge Dale A. Kimball. Proposed Voir Dire due 7/13/11. Proposed Jury Instructions due 7/1/11. Proposed Pretrial Order due by 6/17/2011. Signed by Judge Dale A. Kimball on 5/20/11 (alt)
May 19, 2011 Opinion or Order Filing 306 NOTICE of Appearance by Mark D. Tolman on behalf of Unishippers Global Logistics (Tolman, Mark)
May 19, 2011 Opinion or Order Filing 305 NOTICE of Appearance by Jessica P. Wilde on behalf of Unishippers Global Logistics (Wilde, Jessica)
May 3, 2011 Opinion or Order Filing 304 ANSWER to #82 Amended Complaint (Second Amended Complaint) filed by DHL Express.(Benard, Blaine)
May 2, 2011 Opinion or Order Filing 303 MEMORANDUM DECISION AND ORDER granting #247 Motion for Partial Summary Judgment; denying #252 SEALED MOTION for Partial Summary Judgment; granting #266 Motion to Strike #255 Sealed Document; and setting aside 229 Sealed Memorandum Decision. DHL is directed to produce, within 30 days, the requested information and documents regarding its relationship with Costco. Signed by Judge Dale A. Kimball on 4/29/11 (alt)
April 29, 2011 Opinion or Order Filing 302 NOTICE OF WITHDRAWAL OF COUNSEL of Blaine J. Benard (Khai LeQuang is withdrawing, not Blaine Benard) on behalf of DHL Express (Benard, Blaine)
April 21, 2011 Opinion or Order Filing 301 ORDER granting #300 Motion for Admission Pro Hac Vice of William W. Oxley for DHL Express. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Dale A. Kimball on 4/21/11 (alt)
April 19, 2011 Opinion or Order Filing 300 MOTION for Admission Pro Hac Vice of William W. Oxley, Registration fee $ 15, receipt number 1088-1334995, filed by Defendant DHL Express. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - Electronic Case Filing Registration Form, #3 Text of Proposed Order)(Benard, Blaine)
April 11, 2011 Opinion or Order Filing 299 NOTICE of Appearance by J. Andrew Sjoblom on behalf of DHL Express (Sjoblom, J.)
April 11, 2011 Opinion or Order Filing 298 NOTICE of Appearance by Eric G. Maxfield on behalf of DHL Express (Maxfield, Eric)
April 11, 2011 Opinion or Order Filing 297 Modification of Docket: Per counsel - Error: Motion for Pro Hac Vice entered in the wrong case. Correction: Corrected docket text, termed the motion. re #296 MOTION for Admission Pro Hac Vice of Suzanne Woodard, Registration fee $ 15, receipt number 1088-1330200,. (rks)
April 11, 2011 Opinion or Order Filing 296 ENTRY ERROR - Entered in the wrong caseMOTION for Admission Pro Hac Vice of Suzanne Woodard, Registration fee $ 15, receipt number 1088-1330200, filed by Defendant DHL Express. (Attachments: #1 Exhibit A - Application, #2 Exhibit B - Electronic Case Filing Registration, #3 Text of Proposed Order)(Benard, Blaine) Modified per counsel entered in wrong case. on 4/11/2011 (rks).
April 11, 2011 Opinion or Order Filing 295 NOTICE of Change of Address by Blaine J. Benard (on behalf of Andrew S. Wong) (Benard, Blaine)
April 11, 2011 Opinion or Order Filing 294 NOTICE of Change of Address by Blaine J. Benard (on behalf of Christopher Ruhland) (Benard, Blaine)
April 11, 2011 Opinion or Order Filing 293 NOTICE of Change of Address by Blaine J. Benard (on behalf of William W. Oxley) (Benard, Blaine)
April 11, 2011 Opinion or Order Filing 292 NOTICE of Change of Address by Blaine J. Benard (on behalf of Edwin V. Woodsome, Jr.) (Benard, Blaine)
April 11, 2011 Opinion or Order Filing 291 NOTICE of Change of Address by Blaine J. Benard (on behalf of J. Andrew Sjoblom) (Benard, Blaine)
April 11, 2011 Opinion or Order Filing 290 NOTICE of Change of Address by Blaine J. Benard (on behalf of Eric G. Maxfield) (Benard, Blaine)
April 11, 2011 Opinion or Order Filing 289 NOTICE of Change of Address by Blaine J. Benard (on behalf of George M. Haley) (Benard, Blaine)
April 11, 2011 Opinion or Order Filing 288 NOTICE of Change of Address by Blaine J. Benard (Benard, Blaine)
February 16, 2011 Opinion or Order Reset Hearing as to #247 Plaintiff's MOTION for Partial Summary Judgment on DHL's Asserted Defense to Breach of Contract Claim, #252 SEALED MOTION for Partial Summary Judgment, and #266 Plaintiff's MOTION to Strike #255 Sealed Document 9/24/10 Declaration of Hank Gibson. Motion Hearing is reset for 2/23/2011 at 09:30 AM in Room 220 before Judge Dale A. Kimball. Please note the time change from 3:00 PM to 9:30 AM.(kmj)
February 4, 2011 Opinion or Order Filing 287 OBJECTIONS to #285 Witness List(Proposed) Amending Exhibit A filed by Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
February 4, 2011 Opinion or Order Filing 286 OBJECTIONS to #285 Witness List(Proposed) filed by Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
January 24, 2011 Opinion or Order Filing 285 Proposed Witness List by DHL Express. (Attachments: #1 Exhibit 1: DHL Express (USA), Inc.'s Trial Exhibit List)(Benard, Blaine)
January 7, 2011 Opinion or Order Filing 284 ORDER Reinstating Pre-Trial Disclosure Deadline for Defendant. Signed by Judge Dale A. Kimball on 1/7/11 (alt)
January 6, 2011 Opinion or Order Filing 283 CERTIFICATE OF SERVICE by Unishippers Global Logistics 26(a)(3) Pretrial Disclosures and Plaintiff's Exhibit List (Francis, Lewis)
January 5, 2011 Opinion or Order Deadlines terminated: all pretrial deadlines associated with the vacated jury trial date are also vacated. (kmj)
January 4, 2011 Opinion or Order Filing 282 NOTICE OF HEARING ON MOTION re: #247 Plaintiff's MOTION for Partial Summary Judgment on DHL's Asserted Defense to Breach of Contract Claim, #252 SEALED MOTION for Partial Summary Judgment, #266 Plaintiff's MOTION to Strike #255 Sealed Document 9/24/10 Declaration of Hank Gibson : (Notice generated by Kim Jones) Motion Hearing set for 2/23/2011 at 03:00 PM in Room 220 before Judge Dale A. Kimball. (kmj)
January 4, 2011 Opinion or Order Hearings terminated: the Final Pretrial Conference set for 2/14/11 and the Jury Trial set for 2/28/2011 are stricken from the calendar due to the pending Cross-Motions for Partial Summary Judgment. (kmj)
November 22, 2010 Opinion or Order Filing 281 MEMORANDUM DECISION AND ORDER granting in part and denying in part #233 Motion to Compel. Signed by Magistrate Judge Paul M. Warner on 11/22/10 (alt)
November 19, 2010 Opinion or Order Filing 280 Plaintiff's MEMORANDUM re #260 Objection to Magistrate Judge Decision to District Court, filed by Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B)(Francis, Lewis)
November 19, 2010 Opinion or Order Filing 279 REPLY to Response to Motion re #266 Plaintiff's MOTION to Strike #255 Sealed Document 9/24/10 Declaration of Hank Gibson filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
November 10, 2010 Opinion or Order Filing 278 **SEALED DOCUMENT** SEALED RESPONSE TO #260 Objection to Magistrate Judge Decision to District Court, filed by Defendant DHL Express (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibits D-E) (alt)
November 10, 2010 Opinion or Order Filing 277 **SEALED DOCUMENT** SEALED OPPOSITION TO #266 MOTION to Strike #255 Sealed Document 9/24/10 Declaration of Hank Gibson, filed by Defendant DHL Express (Attachments: #1 Exhibit A, #2 Exhibit B) (alt)
November 10, 2010 Opinion or Order Filing 276 REPLY to Response to Motion re #252 SEALED MOTION for Partial Summary Judgment filed by Defendant DHL Express. (Benard, Blaine)
November 10, 2010 Opinion or Order Filing 275 REPLY to Response to Motion re #247 Plaintiff's MOTION for Partial Summary Judgment on DHL's Asserted Defense to Breach of Contract Claim filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
November 10, 2010 Opinion or Order Filing 274 NOTICE OF CONVENTIONAL FILING of Defendant DHL's Response to Plaintiff's Objection to Magistrate's Order Denying Motion to Compel AND Defendant DHL's Opposition to Plaintiff's Motion to Strike Declaration of Hank Gibson filed by Defendant DHL Express re #266 Plaintiff's MOTION to Strike #255 Sealed Document 9/24/10 Declaration of Hank Gibson, #260 Objection to Magistrate Judge Decision to District Court, (Benard, Blaine)
October 27, 2010 Opinion or Order Filing 273 **SEALED DOCUMENT** SEALED EXHIBITS TO #272 Sealed Opposition to #252 Sealed Motion for Partial Summary Judgment, filed by Plaintiff Unishippers Global Logistics (oversized document not scanned - will be kept in permanent storage) (alt)
October 27, 2010 Opinion or Order Filing 272 **SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION TO #252 Sealed Motion for Partial Summary Judgment, filed by Plaintiff Unishippers Global Logistics (alt)
October 27, 2010 Opinion or Order Filing 271 **SEALED DOCUMENT** SEALED DECLARATION OF CHARLES BREWER IN OPPOSITION TO #247 Plaintiff's MOTION for Partial Summary Judgment on DHL's Asserted Defense to Breach of Contract Claim, filed by Defendant DHL Express (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibits 3-4, #4 Exhibit 5, #5 Exhibits 6-7) (alt)
October 27, 2010 Opinion or Order Filing 270 **SEALED DOCUMENT** SEALED DECLARATION OF CHRIS FRIS IN OPPOSITION TO #247 Plaintiff's MOTION for Partial Summary Judgment on DHL's Asserted Defense to Breach of Contract Claim, filed by Defendant DHL Express (Attachments: #1 Exhibit 1) (alt)
October 27, 2010 Opinion or Order Filing 269 **SEALED DOCUMENT** SEALED DECLARATION OF HANK GIBSON IN OPPOSITION TO #247 Plaintiff's MOTION for Partial Summary Judgment on DHL's Asserted Defense to Breach of Contract Claim, filed by Defendant DHL Express (alt)
October 27, 2010 Opinion or Order Filing 268 **SEALED DOCUMENT** SEALED OPPOSITION TO #247 Plaintiff's MOTION for Partial Summary Judgment on DHL's Asserted Defense to Breach of Contract Claim, filed by Defendant DHL Express (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (alt)
October 27, 2010 Opinion or Order Filing 267 Plaintiff's MEMORANDUM in Support re #266 Plaintiff's MOTION to Strike #255 Sealed Document 9/24/10 Declaration of Hank Gibson filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
October 27, 2010 Opinion or Order Filing 266 Plaintiff's MOTION to Strike #255 Sealed Document 9/24/10 Declaration of Hank Gibson filed by Plaintiff Unishippers Global Logistics. Motions referred to Paul M. Warner.(Francis, Lewis)
October 27, 2010 Opinion or Order Filing 265 NOTICE OF CONVENTIONAL FILING of Unishippers Memorandum in Opposition to DHL's Motion for Partial Summary Judgment filed by Plaintiff Unishippers Global Logistics re #252 SEALED MOTION for Partial Summary Judgment (Francis, Lewis)
October 27, 2010 Opinion or Order Filing 264 NOTICE OF CONVENTIONAL FILING of Defendant DHL Express (USA), Inc.'s Opposition to Plaintiff Unishippers Global Logistics, LLC's Motion for Partial Summary Judgment; Declaration of Charles Brewer in Support of DHL Express (USA), Inc.'s Opposition to Unishippers Global Logistics, LLC's Motion for Partial Summary Judgment; Declaration of Chris Fris in Support of DHL Express (USA), Inc.'s Opposition to Unishippers Global Logistics, LLC's Motion for Partial Summary Judgment; and Declaration of Hank Gibson in Support of DHL Express (USA), Inc.'s Opposition to Unishippers Global Logistics, LLC's Motion for Partial Summary Judgment filed by Defendant DHL Express (Benard, Blaine)
October 25, 2010 Opinion or Order Filing 263 ORDER directing DHL Express to respond to #260 Objection to Magistrate Judge Decision to District Court ( 229 Memorandum Decision) by 11/10/10. Signed by Judge Dale A. Kimball on 10/25/10 (alt)
October 25, 2010 Opinion or Order Remark: no hard copy of #263 Order was mailed to non-filing attorney McCray as other attorneys at the same firm are properly receiving e-notice. (alt)
October 22, 2010 Opinion or Order Filing 262 DOCKET TEXT ORDER granting #261 Motion for Extension of Time to File Response/Reply re #247 Plaintiff's MOTION for Partial Summary Judgment on DHL's Asserted Defense to Breach of Contract Claim, #252 SEALED MOTION for Partial Summary Judgment. Responses due by 10/27/2010. Replies due by 11/10/2010. Signed by Judge Dale A. Kimball on 10/22/2010. No attached document. (awm)
October 21, 2010 Opinion or Order Filing 261 Plaintiff's MOTION for Extension of Time to File Response/Reply as to #252 SEALED MOTION for Partial Summary Judgment, #247 Plaintiff's MOTION for Partial Summary Judgment on DHL's Asserted Defense to Breach of Contract Claim filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Francis, Lewis)
October 7, 2010 Opinion or Order Filing 260 OBJECTION TO MAGISTRATE JUDGE DECISION re 229 MEMORANDUM DECISION and ORDER to District Court by Unishippers Global Logistics (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Francis, Lewis) Modified on 10/7/2010 ; added docket relationship to 229 (asp).
October 5, 2010 Opinion or Order Filing 259 Motions No Longer Referred: #252 SEALED MOTION for Partial Summary Judgment (srs)
September 27, 2010 Opinion or Order Filing 257 **SEALED DOCUMENT** SEALED NOTICE OF FILING SIGNATURE PAGE filed by Defendant DHL Express (alt)
September 27, 2010 Opinion or Order Filing 250 NOTICE OF CONVENTIONAL FILING of Notice of Filing Signature Page filed by Defendant DHL Express (Benard, Blaine)
September 24, 2010 Opinion or Order Filing 256 **SEALED DOCUMENT** SEALED DECLARATION OF SYDNIE MILLER IN SUPPORT OF #252 SEALED MOTION for Partial Summary Judgment filed by Defendant DHL Express (alt)
September 24, 2010 Opinion or Order Filing 255 **SEALED DOCUMENT** SEALED DECLARATION OF HANK GIBSON IN SUPPORT OF #252 SEALED MOTION for Partial Summary Judgment filed by Defendant DHL Express (alt)
September 24, 2010 Opinion or Order Filing 254 **SEALED DOCUMENT** SEALED DECLARATION OF CHRIS FRIS IN SUPPORT OF #252 SEALED MOTION for Partial Summary Judgment filed by Defendant DHL Express (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibits 4-5) (alt)
September 24, 2010 Opinion or Order Filing 253 **SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT OF #252 SEALED MOTION for Partial Summary Judgment filed by Defendant DHL Express (Attachments: #1 Exhibit A, #2 Exhibit B) (alt)
September 24, 2010 Opinion or Order Filing 252 *SEALED DOCUMENT* SEALED MOTION for Partial Summary Judgment filed by Defendant DHL Express. Motion referred to Paul M. Warner (alt)
September 24, 2010 Opinion or Order Filing 249 Plaintiff's MEMORANDUM in Support re #247 Plaintiff's MOTION for Partial Summary Judgment on DHL's Asserted Defense to Breach of Contract Claim filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Francis, Lewis)
September 24, 2010 Opinion or Order Filing 248 NOTICE OF CONVENTIONAL FILING of Motion for Partial Summary Judgment re Plaintiffs' Breach of Contract claim; Memorandum in Support; Declaration of Chris Fris in support; Declaration of Hank Gibson in support; Declaration of Sydnie Miller in support filed by Defendant DHL Express (Benard, Blaine)
September 24, 2010 Opinion or Order Filing 247 Plaintiff's MOTION for Partial Summary Judgment on DHL's Asserted Defense to Breach of Contract Claim filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
September 23, 2010 Opinion or Order Filing 246 REQUEST to Submit for Decision re #178 Memorandum in Support of Motion to Compel Production of Resellers Rate Information filed by Plaintiff Unishippers Global Logistics. (Siddoway, Billie)
September 23, 2010 Opinion or Order Filing 245 REQUEST to Submit for Decision re #233 Plaintiff's MOTION to Compel Information Re: DHL Overcharges, to Remove Undue Restrictions on Reseller Rate Documents & For an Attorneys' Fee Award filed by Plaintiff Unishippers Global Logistics. (Siddoway, Billie)
September 7, 2010 Opinion or Order Filing 251 **SEALED DOCUMENT** SEALED EXHIBITS TO #243 Reply Memo to #233 Plaintiff's MOTION to Compel Information Re: DHL Overcharges, to Remove Undue Restrictions on Reseller Rate Documents & For an Attorneys' Fee Award, filed by Plaintiff Unishippers Global Logistics (document not scanned due to size - kept in permanent storage) (alt)
September 7, 2010 Opinion or Order Filing 244 NOTICE OF CONVENTIONAL FILING of Exhibits to Unishippers' Reply Memo in Support of its Motion to Compel Information Regarding DHL's Overcharges, to Remove Restrictions on Reseller Rate Documents, and For an Attorneys' Fee Award filed by Plaintiff Unishippers Global Logistics re #243 Reply Brief, (Francis, Lewis)
September 7, 2010 Opinion or Order Filing 243 REPLY to Response to Motion re #233 Plaintiff's MOTION to Compel Information Re: DHL Overcharges, to Remove Undue Restrictions on Reseller Rate Documents & For an Attorneys' Fee Award filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis) Modified on 9/8/2010 ; added docket relationship to #233 ; removed docket relationship to #239 (asp).
September 3, 2010 Opinion or Order Filing 242 MEMORANDUM DECISION denying #214 Motion for Protective Order re: fact discovery. Each party shall bear it's own costs and attorney fees associated with this motion. Signed by Magistrate Judge Paul M. Warner on 9/3/2010. (ce)
August 20, 2010 Opinion or Order Filing 241 **SEALED DOCUMENT**: Declaration of Brian Mills in Support of #239 DHL Express (USA)'s Opposition to [233} Plaintiff's MOTION to Compel Information Re: DHL Overcharges, to Remove Undue Restrictions on Reseller Rate Documents & For an Attorneys' Fee Award filed by Defendant DHL Express. (ce) Modified on 8/23/2010 by linking to Motion #233 (ce).
August 20, 2010 Opinion or Order Filing 240 **SEALED DOCUMENT**: Declaration of Hank Gibson in Support of #239 DHL Express (USA)'s Opposition to #233 Plaintiff's MOTION to Compel Information Re: DHL Overcharges, to Remove Undue Restrictions on Reseller Rate Documents & For an Attorneys' Fee Award filed by Defendant DHL Express. (ce) Modified on 8/23/2010 by adding a link to #233 Motion (ce).
August 20, 2010 Opinion or Order Filing 239 **SEALED DOCUMENT**: DHL Express (USA)'s Opposition to #233 Plaintiff's MOTION to Compel Information Re: DHL Overcharges, to Remove Undue Restrictions on Reseller Rate Documents & For an Attorneys' Fee Award. (Main Document: Exhibit 1 - Plaintiff's Third Set of Discovery Requets to Defendant. Attachments: #1 Exhibit 2 - Partial Deposition of Dan Lockwood, #2 Exhibit 3 - Email fron Dan Lockwood to Donald Colleran, #3 Exhibit 4 - Email from Kevin Lathrop to Dan Lockwood, Steve Leavitt re: Draft Agreement)(ce) (Additional attachment(s) added on 10/22/2010: #4 Main Document - DHL Express (USA)'s Opposition to Unishippers Global Logistics Motion to Compel Production of Documents and For an Attorneys' Fee Award) (ce).
August 20, 2010 Opinion or Order Filing 238 NOTICE OF CONVENTIONAL FILING of Memorandum in Opposition to Plaintiff's Motion to Compel Production of Documents and for an Attorneys' Fee Award and Declarations of Hank Gibson and Brian Mills in support filed by Defendant DHL Express re #233 Plaintiff's MOTION to Compel Information Re: DHL Overcharges, to Remove Undue Restrictions on Reseller Rate Documents & For an Attorneys' Fee Award (Benard, Blaine)
August 20, 2010 Opinion or Order Filing 237 AFFIDAVIT of Khai LeQuang in Opposition re #233 Plaintiff's MOTION to Compel Information Re: DHL Overcharges, to Remove Undue Restrictions on Reseller Rate Documents & For an Attorneys' Fee Award filed by Defendant DHL Express. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Benard, Blaine)
August 6, 2010 Opinion or Order Filing 236 DOCKET TEXT ORDER finding as moot #206 Motion to Quash per #235 Notice of Mootness. Signed by Magistrate Judge Paul M. Warner on 8/6/2010. No attached document. (srs)
August 5, 2010 Opinion or Order Filing 235 NOTICE of Mootness Re: England Logistics' Motion to Quash Subpoena [Doc. 206] by Unishippers Global Logistics re #206 MOTION to Quash Subpoena (Francis, Lewis)
August 3, 2010 Opinion or Order Filing 234 Plaintiff's MEMORANDUM in Support re #233 Plaintiff's MOTION to Compel Information Re: DHL Overcharges, to Remove Undue Restrictions on Reseller Rate Documents & For an Attorneys' Fee Award filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Francis, Lewis)
August 3, 2010 Opinion or Order Filing 233 Plaintiff's MOTION to Compel Information Re: DHL Overcharges, to Remove Undue Restrictions on Reseller Rate Documents & For an Attorneys' Fee Award filed by Plaintiff Unishippers Global Logistics. Motions referred to Paul M. Warner.(Francis, Lewis)
July 22, 2010 Opinion or Order Filing 232 REQUEST to Submit for Decision re #214 MOTION for Protective Order Limiting Fact Discovery to the Parties' Agreement filed by Defendant DHL Express. (Benard, Blaine)
July 19, 2010 Opinion or Order Filing 231 DECLARATION of Khai LeQuang re #230 Reply Memorandum/Reply to Response to Motion filed by DHL Express. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Benard, Blaine)
July 19, 2010 Opinion or Order Filing 230 REPLY to Response to Motion re #214 MOTION for Protective Order Limiting Fact Discovery to the Parties' Agreement filed by Defendant DHL Express. (Benard, Blaine)
July 1, 2010 Opinion or Order Filing 228 **SEALED DOCUMENT**Exhibit I to Plaintiffs Opposition to Defendants Motion for Protective Order Limiting Fact Discovery & Plaintiffs Request for Attorney's Fees re #224 Memorandum in Opposition to Motion filed by Plaintiff Unishippers Global Logistics (Attachments: #1 Exhibit I)(kpf)
July 1, 2010 Opinion or Order Filing 227 CERTIFICATE OF SERVICE by Unishippers Global Logistics re #224 Memorandum in Opposition to Motion, of sealed document Exhibit I to Unishippers' Opposition to Defendant's Motion for Protective Order Limiting Discovery & Plaintiff's Request for Attorney's Fees (Francis, Lewis)
July 1, 2010 Opinion or Order Filing 226 NOTICE OF CONVENTIONAL FILING of Exhibit I to Unishippers' Memo in Opposition to DHL's Motion for Protective Order Limiting Fact Discovery & Plaintiff's Request for Attorney's Fees filed by Plaintiff Unishippers Global Logistics re #224 Memorandum in Opposition to Motion, (Francis, Lewis)
July 1, 2010 Opinion or Order Filing 225 DECLARATION of Lewis M. Francis re #224 Memorandum in Opposition to Motion, for Protective Order Limiting Fact Discovery and Plaintiff's Request for Attorney's Fees filed by Unishippers Global Logistics. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Francis, Lewis)
July 1, 2010 Opinion or Order Filing 224 Plaintiff's MEMORANDUM in Opposition re #214 MOTION for Protective Order Limiting Fact Discovery to the Parties' Agreement filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Francis, Lewis)
June 28, 2010 Opinion or Order Filing 223 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Produce Documents served on Rapid Enterprises, Inc. dba Express One, c/o Brett Miller on June 22, 2010, filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
June 28, 2010 Opinion or Order Filing 222 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Produce Documents served on Worldwide Express Operations, LLC on June 24, 2010, filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
June 25, 2010 Opinion or Order Filing 221 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Testify at Deposition served on Hans G. Hickler on June 15, 2010, filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
June 25, 2010 Opinion or Order Filing 220 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Testify at Deposition served on Karen M. Jones on June 15, 2010, filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
June 25, 2010 Opinion or Order Filing 219 REPLY to Response to Motion re #206 MOTION to Quash Subpoena filed by Movant England Logistics Inc. (Seminario, Rafael)
June 23, 2010 Opinion or Order Filing 218 AFFIDAVIT of Khai LeQuang in Support re #214 MOTION for Protective Order Limiting Fact Discovery to the Parties' Agreement (Declaration) filed by Defendant DHL Express. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Benard, Blaine)
June 23, 2010 Opinion or Order Filing 217 NOTICE OF DEFICIENCY re #216 Affidavit in Support of Motion. The document is missing pages of the affidavit. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (kpf)
June 22, 2010 Opinion or Order Filing 216 AFFIDAVIT of Khai LeQuang in Support re #214 MOTION for Protective Order Limiting Fact Discovery to the Parties' Agreement (Declaration) filed by Defendant DHL Express. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Benard, Blaine)
June 22, 2010 Opinion or Order Filing 215 MEMORANDUM in Support re #214 MOTION for Protective Order Limiting Fact Discovery to the Parties' Agreement filed by Defendant DHL Express. (Benard, Blaine)
June 22, 2010 Opinion or Order Filing 214 MOTION for Protective Order Limiting Fact Discovery to the Parties' Agreement filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
June 22, 2010 Opinion or Order Filing 213 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on CT Corp., Reg. Agent for service of Federal Express Corp. on 6-15-10, filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
June 17, 2010 Opinion or Order Filing 212 **SEALED DOCUMENT** Declaration of Dan Lockwood in Opposition to Motion to Motion to Quash re #210 Sealed Document filed by Plaintiff Unishippers Global Logistics. (kpf)
June 16, 2010 Opinion or Order Filing 211 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Documents Subpoena served on USS Logistics, LLC on June 11, 2010, filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
June 11, 2010 Opinion or Order Filing 210 **SEALED DOCUMENT** Unishippers Opposition to Motion to Quash re #206 MOTION to Quash Subpoena filed by Plaintiff Unishippers Global Logistics. (kpf) (Additional attachment(s) added on 6/14/2010: #1 Exhibit A, #2 Exhibit B) (kpf).
June 11, 2010 Opinion or Order Filing 209 NOTICE OF CONVENTIONAL FILING of Unishippers' Opposition to Motion to Quash Filed by England Logistics, Inc. filed by Plaintiff Unishippers Global Logistics re #206 MOTION to Quash Subpoena (Francis, Lewis)
June 7, 2010 Opinion or Order Filing 208 AFFIDAVIT of Joseph Finney re #206 MOTION to Quash Subpoena filed by England Logistics Inc. (kpf)
June 7, 2010 Opinion or Order Filing 207 MEMORANDUM in Support of Motion to Quash re #206 MOTION to Quash Subpoena filed by Movant England Logistics Inc. (Attachments: #1 Exhibit 1)(kpf)
June 7, 2010 Opinion or Order Filing 206 MOTION to Quash Subpoena filed by Movant England Logistics Inc. Motions referred to Paul M. Warner.(kpf)
June 1, 2010 Opinion or Order Filing 205 REPLY to Response to Motion filed by Defendant DHL Express. (Attachments: #1 Exhibit May 21, 2010 letter from L. Francis to K. LeQuang)(Benard, Blaine)
May 28, 2010 Opinion or Order Filing 204 REPLY to Response to Motion re #177 Plaintiff's MOTION to Compel Production of Reseller Rate Information & For An Attorneys' Fee Award filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Francis, Lewis)
May 25, 2010 Opinion or Order Filing 203 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on England Logistics, Inc. c/o Keith C. Wallace on May 20, 2010, filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
May 21, 2010 Opinion or Order Filing 202 DECLARATION of Tricia Pannier re #190 Memorandum in Opposition to Motion (Supplemental) filed by Unishippers Global Logistics. (Francis, Lewis)
May 21, 2010 Opinion or Order Filing 201 FOURTH AMENDED SCHEDULING ORDER: Fact Discovery due by 07/07/2010. Expert Discovery due by 9/7/2010. Motions due by 9/25/2010. Final Pretrial Conference set for 2/14/2011 02:30 PM in Room 220 before Judge Dale A. Kimball. 10 day Jury Trial set for 2/28/2011 at 08:30 AM in Room 220 before Judge Dale A. Kimball. Signed by Magistrate Judge Paul M. Warner on 05/21/2010. (kpf)
May 20, 2010 Opinion or Order Filing 200 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena Duces Tecum served on Dr. Greg Hallman on 5/17/2010, filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
May 19, 2010 Opinion or Order Filing 199 RESPONSE re #198 Response (NOT to motion), filed by Defendant DHL Express. (Attachments: #1 Exhibit 1)(Benard, Blaine)
May 19, 2010 Opinion or Order Filing 198 Plaintiff's RESPONSE re #197 Request, of Defendant for Entry of Fourth Amended Scheduling Order filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order A, #2 Exhibit B)(Francis, Lewis)
May 18, 2010 Opinion or Order Filing 197 REQUEST for Entry of Proposed Fourth Amended Scheduling Order filed by Defendant DHL Express. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Benard, Blaine)
May 14, 2010 Opinion or Order Filing 258 **SEALED DOCUMENT** SEALED DECLARATION OF RAOUL SREENIVASAN IN SUPPORT OF #177 Plaintiff's MOTION to Compel Production of Reseller Rate Information & For An Attorneys' Fee Award filed by Defendant DHL Express (Attachments: #1 letter) (alt)
May 14, 2010 Opinion or Order Filing 196 **SEALED DOCUMENT** Declaration of Khai Lequang in support of DHL Express Incs Opposition to Unishippers Global Logistics LLC Motion to Compel Production of Documents and for an Attorneys Fee Award. re #194 Sealed Document Opposition, filed by Defendant DHL Express. (Attachments: #1 Exhibit A)(kpf)
May 14, 2010 Opinion or Order Filing 195 **SEALED DOCUMENT** Declaration of Hank Gibson in Support of DHL Express Incs Opposition to Unishippers Global Logistics, LLC's Motion to Compel Production of Documents and for an attorneys Fee Award re #194 Sealed Document Opposition, filed by Defendant DHL Express. (kpf)
May 14, 2010 Opinion or Order Filing 194 **SEALED DOCUMENT**DHL Express Inc's Opposition to Unishippers Globel Logistics, LLC'S Motion to Compel Production of Documents and for an Attorneys Fee Award re #177 Plaintiff's MOTION to Compel Production of Reseller Rate Information & For An Attorneys' Fee Award filed by Defendant DHL Express. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(kpf)
May 14, 2010 Opinion or Order Filing 193 NOTICE OF CONVENTIONAL FILING of Opposition to Unishippers Motion to Compel and Declaration of Khai LeQuang and Declaration of Raoul Sreenivasan and Declaration of Hank Gibson filed by Defendant DHL Express re #177 Plaintiff's MOTION to Compel Production of Reseller Rate Information & For An Attorneys' Fee Award (Benard, Blaine)
May 13, 2010 Opinion or Order Filing 192 **SEALED DOCUMENT** Exhibits re #190 Memorandum in Opposition to Motion filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit 1, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(kpf)
May 13, 2010 Opinion or Order Filing 191 NOTICE OF CONVENTIONAL FILING of Exhibits to Unishippers' Memorandum in Opposition to DHL's Motion to Compel the Production of Documents filed by Plaintiff Unishippers Global Logistics re #190 Memorandum in Opposition to Motion (Francis, Lewis)
May 13, 2010 Opinion or Order Filing 190 Plaintiff's MEMORANDUM in Opposition to DHL's Motion to Compel the Production of Documents filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
May 11, 2010 Opinion or Order Filing 189 ORDER re #188 Request for a scheduling conference. Request denied. Instead, each party shall submit a proposed scheduling order to Magistrate Judge Warner's chambers by no later than 5/18/10. Signed by Magistrate Judge Paul M. Warner on 5/11/10 (alt)
May 7, 2010 Opinion or Order Filing 188 REQUEST for Scheduling Conference to Determine Trial Date filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
April 29, 2010 Opinion or Order Filing 187 ORDER finding as moot #180 Motion to Expedite. Signed by Magistrate Judge Paul M. Warner on 4/29/2010. (srs)
April 29, 2010 Opinion or Order Filing 186 MEMORANDUM DECISION and ORDER granting #160 Motion for Scheduling Order; Each party may propound up to 25 additional document requests. The parties are directed to attempt to negotiate a new Scheduling Order. Granting in part and denying in part #126 Motion to Dismiss. DHLs Counterclaims are DISMISSED to the extent those claims were based on any Franchise obligation to DHL. DHL is directed to immediately dismiss these counterclaims if Unishippers contention is accurate that it does not owe any money on its own account. Signed by Judge Dale A. Kimball on 04/29/2010. (kpf)
April 27, 2010 Opinion or Order Filing 185 **SEALED DOCUMENT** SEALED DECLARATION OF KHAI LEQUANG in Support of #183 Sealed Motion to Compel, filed by Defendant DHL Express (Attachments: #1 Exhibits 1-2, #2 Exhibits 3-4, #3 Exhibits 5-6, #4 Exhibit 7) (alt)
April 27, 2010 Opinion or Order Filing 184 **SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT OF #183 Sealed Motion to Compel, filed by Defendant DHL Express (Attachments: #1 Exhibit 1, #2 Exhibits 2-3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6) (alt)
April 27, 2010 Opinion or Order Filing 183 **SEALED DOCUMENT** SEALED MOTION to Compel Unishippers Global Logistics Production of Documents filed by Defendant DHL Express. Motion referred to Paul M. Warner (alt)
April 27, 2010 Opinion or Order Filing 182 **SEALED DOCUMENT** SEALED EXHIBITS TO #178 Memorandum in Support of #177 MOTION to Compel Production of Reseller Rate Information & For An Attorneys' Fee Award, filed by Plaintiff Unishippers Global Logistics (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibits G-H, #8 Exhibits I-J, #9 Exhibits K-M, #10 Exhibit N) (alt)
April 27, 2010 Opinion or Order Filing 181 NOTICE OF CONVENTIONAL FILING of DHL's Motion to Compel Production; Memorandum in Support and Declaration of Khai LeQuang in support filed by Defendant DHL Express (Benard, Blaine)
April 27, 2010 Opinion or Order Filing 180 Defendant's MOTION to Expedite Briefing Schedule and Hearing on DHL Motion to Compel Unishippers Production of Documents filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
April 27, 2010 Opinion or Order Filing 179 NOTICE OF CONVENTIONAL FILING of Exhibits to Memorandum in Support of Plaintiff's Motion to Compel Reseller Rate Information and For An Attorneys' Fees Award filed by Plaintiff Unishippers Global Logistics re #178 Memorandum in Support of Motion (Francis, Lewis)
April 27, 2010 Opinion or Order Filing 178 Plaintiff's MEMORANDUM in Support re #177 Plaintiff's MOTION to Compel Production of Reseller Rate Information & For An Attorneys' Fee Award filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
April 27, 2010 Opinion or Order Filing 177 Plaintiff's MOTION to Compel Production of Reseller Rate Information & For An Attorneys' Fee Award filed by Plaintiff Unishippers Global Logistics. Motions referred to Paul M. Warner.(Francis, Lewis)
April 22, 2010 Opinion or Order Filing 176 REPLY to Response to Motion re #126 Plaintiff's MOTION to Dismiss DHL's Counterclaims (DHL's Response to Unishippers' Notice of Filing) filed by Counter Claimant DHL Express. (Benard, Blaine)
April 21, 2010 Opinion or Order Filing 175 NOTICE OF FILING of Re: Pending Motion to Dismiss re #126 Plaintiff's MOTION to Dismiss DHL's Counterclaims filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
March 19, 2010 Opinion or Order Filing 174 ACKNOWLEDGMENT OF SERVICE Executed of Deposition Subpoena to J. David Scott Vernon Acknowledgment filed by Unishippers Global Logistics. (Francis, Lewis)
March 17, 2010 Opinion or Order Filing 173 ACKNOWLEDGMENT OF SERVICE Executed of Deposition Subpoena to Gerald L. Cameron Acknowledgment filed by Unishippers Global Logistics. (Francis, Lewis)
March 17, 2010 Opinion or Order Filing 172 ACKNOWLEDGMENT OF SERVICE Executed of Deposition Subpoena to Doug Thomas Acknowledgment filed by Unishippers Global Logistics. (Francis, Lewis)
March 15, 2010 Opinion or Order Filing 171 ORDER granting #170 Motion for Admission Pro Hac Vice of Andrew S. Wong for DHL Express. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 03/15/2010. (kpf)
March 12, 2010 Opinion or Order Filing 170 MOTION for Admission Pro Hac Vice of Andrew S. Wong, Registration fee $ 15, receipt number 10880000000001072945, filed by Defendant DHL Express. (Attachments: #1 Exhibit A: Application, #2 Exhibit B: Proposed Order, #3 Exhibit C: Electronic Case Filing Registration Form)(Benard, Blaine)
March 9, 2010 Opinion or Order Filing 169 NOTICE of to Submit for Decision by DHL Express re #168 Reply Memorandum/Reply to Response to Motion, #160 MOTION for Scheduling Order (Motion for Fourth Amended Scheduling Order) (Benard, Blaine)
March 9, 2010 Opinion or Order Filing 168 REPLY to Response to Motion re #160 MOTION for Scheduling Order (Motion for Fourth Amended Scheduling Order) filed by Defendant DHL Express. (Benard, Blaine)
March 8, 2010 Opinion or Order Filing 167 OBJECTIONS to and Responses to DHL's Amended Notice of 30(b)(6) Deposition of Unishippers filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
March 5, 2010 Opinion or Order Filing 166 Plaintiff's MEMORANDUM in Opposition re #160 MOTION for Scheduling Order (Motion for Fourth Amended Scheduling Order) filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Francis, Lewis)
March 1, 2010 Opinion or Order Filing 165 CERTIFICATE OF SERVICE by DHL Express (Benard, Blaine)
February 23, 2010 Opinion or Order Filing 164 MEMORANDUM DECISION and ORDER denying #132 Motion for Certificate of Appealability. It is hereby ordered that Unishippers Motion for Rule Certification of Order Dismissing Rescission Claim is DENIED. Signed by Judge Dale A. Kimball on 02/23/2010. (kpf)
February 21, 2010 Opinion or Order Filing 163 NOTICE of Appearance by Billie J. Siddoway on behalf of Unishippers Global Logistics (Siddoway, Billie)
February 17, 2010 Opinion or Order Filing 162 AFFIDAVIT of Khai LeQuang in Support re #160 MOTION for Scheduling Order (Motion for Fourth Amended Scheduling Order) filed by Defendant DHL Express. (Attachments: #1 Exhibit A)(Benard, Blaine)
February 17, 2010 Opinion or Order Filing 161 MEMORANDUM in Support re #160 MOTION for Scheduling Order (Motion for Fourth Amended Scheduling Order) filed by Defendant DHL Express. (Attachments: #1 Exhibit 1)(Benard, Blaine)
February 17, 2010 Opinion or Order Filing 160 MOTION for Scheduling Order (Motion for Fourth Amended Scheduling Order) filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
February 17, 2010 Opinion or Order Filing 159 NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Preston P. Frischknecht.Attorney Preston P. Frischknecht will no longer receive notice from the court in this case including final judgment. (Frischknecht, Preston)
February 17, 2010 Opinion or Order Filing 158 NOTICE OF WITHDRAWAL OF COUNSEL of Preston P. Frischknecht on behalf of Unishippers Global Logistics (Frischknecht, Preston)
February 11, 2010 Opinion or Order Filing 157 NOTICE of (Notice of Issuance of Revised Subpoena for Ted Zeigler by DHL Express (Attachments: #1 Exhibit A, #2 Exhibit B) (Benard, Blaine)
February 4, 2010 Opinion or Order Filing 156 NOTICE of of Issuance of Subpoena by DHL Express (Attachments: #1 Exhibit A, #2 Exhibit B) (Benard, Blaine)
January 27, 2010 Opinion or Order Filing 155 THIRD AMENDED SCHEDULING ORDER: Fact Discovery due by 04/01/2010. Expert Discovery due by 6/4/2010. Motions due by 6/7/2010. Final Pretrial Conference set for 10/25/2010 at 02:30 PM in Room 220 before Judge Dale A. Kimball. 10 day Jury Trial reset for 11/8/2010 at 08:30 AM in Room 220 before Judge Dale A. Kimball. Signed by Judge Dale A. Kimball on 01/27/2010. (kpf)
January 27, 2010 Opinion or Order Filing 154 ORDER Re: Scheduling Issues and Deconsolidation of case no. 2:09cv221: Granting in part and denying in part #143 Motion for Scheduling Order, The Court held a Scheduling Conference but declines to enter the proposed scheduling order proposed by Defendants. Granting #138 Motion to Amend/Correct Scheduling Order; Granting #140 Motion for Hearing/Rule 16(a). The Clerk of the Court is directed to "deconsolidate" Case No. 2:09cv221 so that it is a separate case from Case No. 2:08cv894, but still assigned to the undersigned Judge. This Order shall be entered in both cases; and Counsel in the Unishippers Case (Case no. 2:08cv894) shall permit counsel in the Franchise Case (2:09cv221) to participate in any deposition involving any individual whose testimony is relevant to the Franchise Case. Signed by Judge Dale A. Kimball on 01/26/2010. (kpf)
January 20, 2010 Opinion or Order Filing 153 Minute Entry for proceedings held before Judge Dale A. Kimball: Miscellaneous Hearing held on 1/20/2010. The Court heard argument as to the issue of consolidation and took the matter under advisement. Attorney for Plaintiff: Patrick McGoey, Lewis Francis. Attorney for Defendant: Christopher Ruhland, Blaine Benard. Court Reporter: Kelly Hicken. (kmj)
January 13, 2010 Opinion or Order Filing 152 MEMORANDUM DECISION and ORDERdenying #115 Motion for Protective Order. Unishippers also seeks its attorney fees and costs associated with defending this motion. However, because DHL's motion was substantially justified, the court has determined that each party shall bear its own costs and attorney fees. Signed by Magistrate Judge Paul M. Warner on 1/12/2010. (kpf)
January 11, 2010 Opinion or Order Filing 151 REPLY to Response to Motion re #138 Plaintiff's MOTION to Amend/Correct #114 Scheduling Order, 2nd Amended filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
January 11, 2010 Opinion or Order Filing 150 Plaintiff's MEMORANDUM in Opposition to DHL's Motion for Amended Scheduling Order filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B)(Francis, Lewis)
January 11, 2010 Opinion or Order Filing 149 MEMORANDUM in Opposition to #143 DHL Express (USA), Inc.'s Motion for Amended Scheduling Order, or in the alternative, for a Scheduling Conference filed by Movant Consolidated Plaintiffs from 209cv221. (McGoey, Patrick)
January 7, 2010 Opinion or Order Filing 148 NOTICE OF HEARING ON MOTION re: #126 Plaintiff's MOTION to Dismiss DHL's Counterclaims : (Notice generated by Kim Jones) Motion Hearing set for 3/12/2010 10:00 AM in Room 220 before Judge Dale A. Kimball. (kmj)
January 6, 2010 Opinion or Order Filing 147 NOTICE OF HEARING: (Notice generated by Kim Jones) Scheduling Conference set for 1/20/2010 10:30 AM in Room 220 before Judge Dale A. Kimball. (kmj)
December 30, 2009 Opinion or Order Filing 146 MEMORANDUM in Opposition filed by Defendant DHL Express. (Benard, Blaine)
December 28, 2009 Opinion or Order Filing 145 CERTIFICATE OF SERVICE by DHL Express (Second set of Interrogatories and Second Set of Requests for Production of Documents (Benard, Blaine)
December 23, 2009 Opinion or Order Filing 144 MEMORANDUM in Support (of Motion for Amended Scheduling Order, or in the alternative, for a Scheduling Conference filed by Defendant DHL Express. (Benard, Blaine)
December 23, 2009 Opinion or Order Filing 143 MOTION for Scheduling Order (Motion for Amended Scheduling Order or, in the alternative, for a Scheduling Conference filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
December 15, 2009 Opinion or Order Filing 142 REPLY to Response to Motion re #132 Plaintiff's MOTION for Certificate of Appealability of Order dismissing Rescission Claim filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
December 15, 2009 Opinion or Order Filing 141 REPLY to Response to Motion re #126 Plaintiff's MOTION to Dismiss DHL's Counterclaims filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
December 14, 2009 Opinion or Order Filing 140 MOTION for Hearing re Pretrial Conference filed by Consol Plaintiff Gulf Coast Shippers Limited Partnership. Motions referred to Paul M. Warner.(McCray, Katherine)
December 11, 2009 Opinion or Order Filing 139 Plaintiff's MEMORANDUM in Support re #138 Plaintiff's MOTION to Amend/Correct #114 Scheduling Order, 2nd Amended filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Francis, Lewis)
December 11, 2009 Opinion or Order Filing 138 Plaintiff's MOTION to Amend/Correct #114 Scheduling Order, 2nd Amended filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A) Motions referred to Paul M. Warner.(Francis, Lewis)
December 2, 2009 Opinion or Order Filing 137 MEMORANDUM in Opposition re #126 Plaintiff's MOTION to Dismiss DHL's Counterclaims filed by Defendant DHL Express. (Benard, Blaine)
November 30, 2009 Opinion or Order Filing 136 MEMORANDUM in Opposition re #132 Plaintiff's MOTION for Certificate of Appealability of Order dismissing Rescission Claim filed by Defendant DHL Express. (Benard, Blaine)
November 16, 2009 Opinion or Order Filing 135 ORDER granting #134 Motion for Admission Pro Hac Vice of Katherine M. McCray for Consolidated Plaintiffs from 209cv221. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 11/16/2009. (kpf)
November 13, 2009 Opinion or Order Filing 134 MOTION for Admission Pro Hac Vice of Katherine M. McCray, Registration fee $ 15, receipt number 10880000000001001624, filed by Movant Consolidated Plaintiffs from 209cv221. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Exhibit B - Electronic Case Filing Registration Form, #3 Text of Proposed Order)(Eckersley, M.)
November 10, 2009 Opinion or Order Filing 133 Plaintiff's MEMORANDUM in Support re #132 Plaintiff's MOTION for Certificate of Appealability of Order dismissing Rescission Claim filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
November 10, 2009 Opinion or Order Filing 132 Plaintiff's MOTION for Certificate of Appealability of Order dismissing Rescission Claim filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
November 6, 2009 Opinion or Order Filing 131 ANSWER to Complaint (Answer to Consolidated Plaintiffs' First Amended Complaint) filed by DPWN Holdings (USA), DHL Express.(Benard, Blaine)
November 6, 2009 Opinion or Order Filing 130 AFFIDAVIT of Ian Clough in Support re #115 MOTION for Protective Order (Supplemental) filed by Defendant DHL Express. (Benard, Blaine)
November 6, 2009 Opinion or Order Filing 129 REPLY to Response to Motion re #115 MOTION for Protective Order filed by Defendant DHL Express. (Attachments: #1 Exhibit A, #2 Exhibit B)(Benard, Blaine)
November 4, 2009 Opinion or Order Filing 128 ORDER granting #125 Motion for Extension of Time to respond to first amended complaint of consolidated plaintiffs. Answer due 11/5/2009. It is hereby ordered that Defendants have until Thursday, November 5, 2009, to respond to Consolidated Plaintiffs First Amended Complaint. Signed by Magistrate Judge Paul M. Warner on 11/03/2009. (kpf)
October 30, 2009 Opinion or Order Filing 127 Plaintiff's MEMORANDUM in Support re #126 Plaintiff's MOTION to Dismiss DHL's Counterclaims filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Francis, Lewis)
October 30, 2009 Opinion or Order Filing 126 Plaintiff's MOTION to Dismiss DHL's Counterclaims filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
October 29, 2009 Opinion or Order Filing 125 Stipulated MOTION for Extension of Time to File Answer to Consolidated Plaintiffs' First Amended Complaint filed by Defendants DPWN Holdings (USA), DHL Express. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
October 27, 2009 Opinion or Order Filing 124 MEMORANDUM DECISION and ORDER granting #86 Motion to Dismiss. It is hereby ordered that DHL Express (USA), Inc.'s Motion to Dismiss is Granted. Unishippers Second Cause of Action (recession) is DISMISSED. Signed by Judge Dale A. Kimball on 10/26/2009. (kpf)
October 26, 2009 Opinion or Order Filing 123 NOTICE FROM THE COURT : Due to the large number of consolidated plaintiffs that were added to this case from member case 2:09cv00221BSJ, a new party name has been created. For future reference, when a document is to be filed on behalf of the "Consolidated Plaintiffs" from case 2:09cv00221, please choose the party named "Consolidated Plaintiffs from 209cv221". (ce)
October 23, 2009 Opinion or Order Filing 122 DECLARATION of Dan Lockwood re #121 Memorandum in Opposition to Motion, for Protective Order Against Ian Clough Deposition filed by Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
October 23, 2009 Opinion or Order Filing 121 Plaintiff's MEMORANDUM in Opposition re #115 MOTION for Protective Order Against Ian Clough Deposition filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Francis, Lewis)
October 14, 2009 Opinion or Order Filing 120 ORDER CONSOLIDATING 2:09CV00221BSJ, Gulf Coast Shippers Ltd Partnership, et al v. DHL Express, et al with this action. Signed by Judge Bruce S. Jenkins on 10/14/2009. (ce)
October 12, 2009 Opinion or Order Filing 119 ORDER granting in part and denying in part #96 Motion to Compel. See order for details. Signed by Magistrate Judge Paul M. Warner on 10/12/2009. (srs)
October 9, 2009 Opinion or Order Filing 118 Defendant's COUNTERCLAIM against Unishippers Global Logistics, filed by DHL Express. (Attachments: #1 Exhibit 1) (Benard, Blaine)
October 9, 2009 Opinion or Order Filing 117 DECLARATION of Ian Clough re #115 MOTION for Protective Order, #116 Memorandum in Support of Motion for Protective Order filed by DHL Express. (Benard, Blaine)
October 8, 2009 Opinion or Order Filing 116 MEMORANDUM in Support re #115 MOTION for Protective Order filed by Defendant DHL Express. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Benard, Blaine)
October 8, 2009 Opinion or Order Filing 115 MOTION for Protective Order filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
September 29, 2009 Opinion or Order Filing 114 SECOND AMENDED SCHEDULING ORDER: Dispositive Motions due by: 5/15/2010; Amended Pleadings due by 10/9/2009; Fact Discovery due by 1/15/2010; Expert Discovery due by 4/30/2010; Final Pretrial Conference set for 10/25/2010 02:30 AM in Room 220 before Judge Dale A. Kimball. 10 day Jury Trial set for 11/8/2010 08:30 AM in Room 220 before Judge Dale A. Kimball. Signed by Magistrate Judge Paul M. Warner on 09/29/2009. (kpf)
September 29, 2009 Opinion or Order Set/Reset Hearings:10-day Jury Trial set for 11/8/2010 08:30 AM in Room 220 before Judge Dale A. Kimball. The amended scheduling order issued 9/28/09 had a typographical error; the correct trial date is 11/8/2010.(kmj)
September 28, 2009 Opinion or Order Filing 113 AMENDED SCHEDULING ORDER: The March 4, 2009 Scheduling Order in this case is amended as follows: Amended Pleadings due by 10/9/2009; Fact discovery by 1/15/2010; Expert discovery due by 4/30/2010; Motions due by 5/15/2010; Final Pretrial Conference set for 10/25/2010 02:30 PM in Room 220 before Judge Dale A. Kimball; 10 DAY Jury Trial set for 10/8/2010 08:30 AM in Room 220 before Judge Dale A. Kimball. Signed by Judge Dale A. Kimball on 09/28/2009. (kpf)
September 28, 2009 Opinion or Order Filing 112 Modification of Docket: Error: Document no. 111 was not linked to any document.Correction: Linked document to correct docket document. re #111 Response (NOT to motion). (kpf)
September 11, 2009 Opinion or Order Filing 111 Plaintiff's RESPONSE /REPLY to DHL's Response Re Notice of Filing filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis) Document was not linked to #109 Modified on 9/28/2009 kpf.
September 10, 2009 Opinion or Order Filing 110 DOCKET TEXT ORDER taking under advisement #106 Motion to Amend/Correct Scheduling Order. Plaintiff's motion seeks to move the dispositive motion deadline without moving the trial date. Defendant has not filed a responsive pleading, and the time for doing so has passed. As noted in the court's scheduling policies "generally, five months must be allowed between the dispositive motion deadline and the trial date to allow the motion to be filed, briefed, set, argued and decided before trial preparation begins." Thus, the motion to amend the scheduling order is taken under advisement until September 24, 2009. If Plaintiff files a revised proposed scheduling order before that date reflecting no opposition to the trial date being moved to allow for the five month time period, the motion to amend the scheduling order shall be granted. If such proposed order is not submitted, the motion to amend the scheduling order will be denied. Signed by Magistrate Judge Paul M. Warner on 9/10/2009. No attached document. (srs)
September 8, 2009 Opinion or Order Filing 109 RESPONSE re #108 Notice of Filing, filed by Defendant DHL Express. (Benard, Blaine)
September 3, 2009 Opinion or Order Filing 108 NOTICE OF FILING of Re: Defendant's Pending Motion to Dismiss (Doc. #86) re #93 Memorandum in Opposition to Motion filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 attached Memorandum Decision)(Francis, Lewis)
August 10, 2009 Opinion or Order Filing 107 Plaintiff's MEMORANDUM in Support re #106 Plaintiff's MOTION to Amend/Correct #73 Scheduling Order, filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Francis, Lewis)
August 10, 2009 Opinion or Order Filing 106 Plaintiff's MOTION to Amend/Correct #73 Scheduling Order, filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Francis, Lewis)
July 21, 2009 Opinion or Order Filing 105 Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 7/21/2009 re #86 MOTION to Dismiss filed by DHL Express. After hearing the arguments of counsel, the Court took the motion under advisement. Attorney for Plaintiff: Lewis Francis, Preston Frischknecht. Attorney for Defendant: Christopher Ruhland, Blaine Benard. Court Reporter: Becky Janke. (kmj)
July 17, 2009 Opinion or Order Filing 104 REPLY to Response to Motion re #96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees and in Response to July 6, 2009 opposition memo, #100 filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B)(Francis, Lewis)
July 6, 2009 Opinion or Order Filing 103 AFFIDAVIT of Alvin Rees in Opposition re #96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Defendant DHL Express. (Benard, Blaine)
July 6, 2009 Opinion or Order Filing 102 AFFIDAVIT of Damon Goduto in Opposition re #96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Defendant DHL Express. (Benard, Blaine)
July 6, 2009 Opinion or Order Filing 101 AFFIDAVIT of Khai LeQuang in Opposition re #96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Defendant DHL Express. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Benard, Blaine)
July 6, 2009 Opinion or Order Filing 100 MEMORANDUM in Opposition re #96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Defendant DHL Express. (Benard, Blaine)
July 1, 2009 Opinion or Order Filing 99 ORDER denying #84 Motion to Consolidate Cases. (see order for details) Signed by Judge Dale A. Kimball on 7/1/09. (las)
June 22, 2009 Opinion or Order Filing 98 ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motions referred to Paul M. Warner. Signed by Judge Dale A. Kimball on 6/22/09. (awm)
June 18, 2009 Opinion or Order Filing 97 Plaintiff's MEMORANDUM in Support re #96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Francis, Lewis)
June 18, 2009 Opinion or Order Filing 96 Plaintiff's MOTION to Compel Production of Documents and Interrogatory Responses, Strike Improper Objections & Award Attorney's Fees filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
June 5, 2009 Opinion or Order Filing 95 REPLY to Response to Motion re #86 MOTION to Dismiss filed by Defendant DHL Express. (Benard, Blaine)
June 3, 2009 Opinion or Order Filing 94 NOTICE OF HEARING ON MOTION re: #86 MOTION to Dismiss : (Notice generated by Kim Jones) Motion Hearing set for 7/21/2009 03:00 PM in Room 220 before Judge Dale A. Kimball. (kmj)
May 18, 2009 Opinion or Order Filing 93 Plaintiff's MEMORANDUM in Opposition re #86 MOTION to Dismiss filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A - Transcript of Proceedings)(Frischknecht, Preston)
May 13, 2009 Opinion or Order Filing 92 REPLY to Response to Motion re #84 MOTION to Consolidate Cases filed by Movant Consolidated Plaintiffs. (Eckersley, M.)
May 8, 2009 Opinion or Order Filing 91 RESPONSE to Motion re #84 MOTION to Consolidate Cases filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit 1-A, #2 Exhibit 2)(Francis, Lewis)
May 5, 2009 Opinion or Order Filing 90 ORDER granting #89 Motion for Extension of Time to File Response/Reply re #84 MOTION to Consolidate Cases. Responses due by 5/8/2009. Signed by Judge Dale A. Kimball on 5/5/09. (jwt)
May 1, 2009 Opinion or Order Filing 89 Stipulated MOTION for Extension of Time to File Response/Reply as to #84 MOTION to Consolidate Cases filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order)(Francis, Lewis)
May 1, 2009 Opinion or Order Filing 88 MEMORANDUM in Opposition re #84 MOTION to Consolidate Cases filed by Defendant DHL Express. (Benard, Blaine)
April 13, 2009 Opinion or Order Filing 87 MEMORANDUM in Support re #86 MOTION to Dismiss filed by Defendant DHL Express. (Benard, Blaine)
April 13, 2009 Opinion or Order Filing 86 MOTION to Dismiss filed by Defendant DHL Express. (Benard, Blaine)
April 13, 2009 Opinion or Order Filing 85 MEMORANDUM in Support re #84 MOTION to Consolidate Cases filed by Movant Consolidated Plaintiffs. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Eckersley, M.)
April 13, 2009 Opinion or Order Filing 84 MOTION to Consolidate Cases filed by Movant Consolidated Plaintiffs. (Eckersley, M.)
March 31, 2009 Opinion or Order Filing 83 MANDATE of USCA-Tenth Circuit as to #35 Notice of Interlocutory Appeal(08-4223) filed by DHL Express. According to the USCA-Tenth Circuit and upon consideration of the stipulation of the parties to voluntarily dismiss the captioned appeal, the Appeal of the USDC for the Dist of UT is Dismissed. Each party will bear its own costs on appeal. (Attachments: #1 Mandate Cover Letter)(jmr)
March 25, 2009 Opinion or Order Filing 82 AMENDED COMPLAINT Second against DHL Express with Jury Demand., filed by Unishippers Global Logistics. (Frischknecht, Preston)
March 25, 2009 Opinion or Order Filing 81 ORDER granting #79 Motion to Amend/Correct First Amended Complaint. Signed by Judge Dale A. Kimball on 3/25/09. (jwt)
March 24, 2009 Opinion or Order Filing 80 ORDER granting #78 Motion to Dismiss Plaintiff's Second Cause of Action. Signed by Judge Dale A. Kimball on 3/24/09. (jwt)
March 24, 2009 Opinion or Order Filing 79 Stipulated MOTION to Amend/Correct First Amended Complaint filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit Second Amended Complaint, #2 Text of Proposed Order)(Frischknecht, Preston)
March 23, 2009 Opinion or Order Filing 78 Stipulated MOTION to Dismiss Plaintiff's Second Cause of Action filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order)(Benard, Blaine)
March 23, 2009 Opinion or Order Filing 77 NOTICE OF HEARING ON MOTION re: #63 MOTION to Dismiss : (Notice generated by Kim Jones) Motion Hearing set for 4/30/2009 03:00 PM in Room 220 before Judge Dale A. Kimball. (kmj)
March 12, 2009 Opinion or Order Filing 76 Plaintiff's MEMORANDUM in Opposition re #63 MOTION to Dismiss filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit Second Amended Complaint)(Frischknecht, Preston)
March 12, 2009 Opinion or Order Filing 75 MEMORANDUM in Support re #74 Plaintiff's MOTION to Amend/Correct SECOND AMENDED COMPLAINT filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit Second Amended Complaint)(Frischknecht, Preston)
March 12, 2009 Opinion or Order Filing 74 Plaintiff's MOTION to Amend/Correct SECOND AMENDED COMPLAINT filed by Plaintiff Unishippers Global Logistics. (Frischknecht, Preston)
March 4, 2009 Opinion or Order Filing 73 SCHEDULING ORDER: Amended Pleadings due by 5/29/2009. Joinder of Parties due by 5/29/2009. Fact discovery due by 8/31/09. Expert discovery due by 1/15/2010. Motions due by 2/12/2010. Final Pretrial Conference set for 7/19/2010 02:30 PM in Room 220 before Judge Dale A. Kimball. 10 day Jury Trial set for 8/2/2010 08:30 AM in Room 220 before Judge Dale A. Kimball. Signed by Magistrate Judge David Nuffer on 3/4/09. (jwt)
March 3, 2009 Opinion or Order Filing 72 Please be advised the Record is complete for purposes of appeal for USCA case number 08-4223 re #35 Notice of Interlocutory Appeal. (jmr)
March 3, 2009 Opinion or Order Filing 70 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of December 8, 2008-Transcript of Motion Hearing before Judge Dale A. Kimball, re #35 Notice of Interlocutory Appeal. Court Reporter/Transcriber Rebecca Janke, CSR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 3/24/2009. Redacted Transcript Deadline set for 4/3/2009. Release of Transcript Restriction set for 6/1/2009. (jmr) Modified on 6/1/2009 - removed restricted text (rak).
February 24, 2009 Opinion or Order Filing 69 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order)(Francis, Lewis)
February 18, 2009 Opinion or Order Filing 68 ORDER granting #67 Motion for Admission Pro Hac Vice of Khai LeQuang for DHL Express. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 2/18/09. (jwt)
February 17, 2009 Opinion or Order Filing 67 MOTION for Admission Pro Hac Vice of Khai LeQuang, Registration fee $ 15, receipt number 10880000000000838017, filed by Defendant DHL Express. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Text of Proposed Order)(Benard, Blaine)
February 9, 2009 Opinion or Order Filing 66 TRANSCRIPT REQUEST by DHL Express for proceedings held on 1/12/09. Transcript dated 12/8/08 has already been lodged with the court on 12/16/08. before Judge Dale A. Kimball, re #35 Notice of Interlocutory Appeal. Transcript Order Form was not received by this court from attorney. Form was printed from Tenth Circuit docket and filed by Appeals Clerk. (jmr)
February 6, 2009 Opinion or Order Filing 65 ANSWER to #59 Amended Complaint filed by DHL Express.(Benard, Blaine)
February 6, 2009 Opinion or Order Filing 64 MEMORANDUM in Support re #63 MOTION to Dismiss filed by Defendant DHL Express. (Attachments: #1 Exhibit 1)(Benard, Blaine)
February 6, 2009 Opinion or Order Filing 63 MOTION to Dismiss filed by Defendant DHL Express. (Benard, Blaine)
February 3, 2009 Opinion or Order Filing 62 NOTICE of Appearance by George M. Haley on behalf of DHL Express (Haley, George)
February 3, 2009 Opinion or Order Filing 61 SUBSTITUTION OF COUNSEL Blaine J. Benard replacing Chandler P. Thompson; John P. Ashton and Sam Meziani as counsel on behalf of DHL Express. (Benard, Blaine)
January 21, 2009 Opinion or Order Filing 60 ORDER re #57 Notice of Voluntary Dismissal filed by Unishippers Global Logistics, DPWN Holdings (USA) terminated. Signed by Judge Dale A. Kimball on 1/20/09. (jwt)
January 20, 2009 Opinion or Order Filing 59 AMENDED COMPLAINT (First) against DHL Express with Jury Demand. Removed Defendants: DPWN Holdings (USA), Inc., filed by Unishippers Global Logistics. (Francis, Lewis)
January 20, 2009 Opinion or Order Filing 58 NOTICE of Filing of Substitute First Amended Complaint by Unishippers Global Logistics (Attachments: #1 First Amended Complaint) (Francis, Lewis)
January 16, 2009 Opinion or Order Filing 57 NOTICE of Voluntary Dismissal of DPWN Holdings (USA), Inc. filed by Plaintiff Unishippers Global Logistics (Francis, Lewis)
January 12, 2009 Opinion or Order Filing 56 ORDER granting in part and denying in part #46 Motion to Enforce Injunction.Signed by Judge Dale A. Kimball on 1/12/09. (awm)
January 12, 2009 Opinion or Order Filing 55 ORDER granting #53 Motion for Admission Pro Hac Vice of Christopher S. Ruhland for DHL Express. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 1/12/09. (jwt)
January 12, 2009 Opinion or Order Filing 54 Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 1/12/2009 re #46 Plaintiff's MOTION to Enforce Preliminary Injunction & Request for Sanctions filed by Unishippers Global Logistics. After hearing the arguments presented by Mr. Houpt and Mr. Ruhland, the Court took the motion under advisement. Attorney for Plaintiff: Timothy Houpt, Lewis Francis; Attorney for Defendant: Christopher Ruhland, John Ashton, Barclay Edmundson, Edwin Woodsome. Court Reporter: Becky Janke. (kmj)
January 12, 2009 Opinion or Order Filing 53 MOTION for Admission Pro Hac Vice of Christopher S. Ruhland, Registration fee $ 15, receipt number 10880000000000817146, filed by Defendant DHL Express. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Meziani, Sam)
January 12, 2009 Opinion or Order Filing 52 DECLARATION of Paul Foust re #50 Memorandum in Opposition to Motion, filed by DHL Express. (Ashton, John)
January 12, 2009 Opinion or Order Filing 51 DECLARATION of Travis Cobb re #50 Memorandum in Opposition to Motion, filed by DHL Express. (Ashton, John)
January 12, 2009 Opinion or Order Filing 50 MEMORANDUM in Opposition re #46 Plaintiff's MOTION to Enforce Preliminary Injunction & Request for Sanctions ; Request for Clarification of Preliminary Injunction filed by Defendant DHL Express. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ashton, John)
January 9, 2009 Opinion or Order Filing 49 NOTICE OF HEARING ON MOTION re: #46 Plaintiff's MOTION to Enforce Preliminary Injunction & Request for Sanctions : (Notice generated by Kim Jones) Motion Hearing set for 1/12/2009 11:00 AM in Room 220 before Judge Dale A. Kimball. (kmj)
January 9, 2009 Opinion or Order Filing 48 DECLARATION of Kevin Lathrop re #47 Memorandum in Support of Motion, filed by Unishippers Global Logistics. (Francis, Lewis)
January 9, 2009 Opinion or Order Filing 47 Plaintiff's MEMORANDUM in Support re #46 Plaintiff's MOTION to Enforce Preliminary Injunction & Request for Sanctions filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Francis, Lewis)
January 9, 2009 Opinion or Order Filing 46 Plaintiff's MOTION to Enforce Preliminary Injunction & Request for Sanctions filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order)(Francis, Lewis)
January 9, 2009 Opinion or Order Filing 45 **RESTRICTED DOCUMENT**Summons Issued Electronically as to DPWN Holdings (USA). Counsel should print the issued summons for service. (jlw)
January 8, 2009 Opinion or Order Filing 44 AMENDED COMPLAINT against DHL Express with Jury Demand. New Defendants: DPWN Holdings (USA), Inc.., filed by Unishippers Global Logistics. (Francis, Lewis)
December 24, 2008 Opinion or Order Filing 43 ORDER of USCA Tenth Circuit denying Appellant's motion for stay and Appellant's motion to expedite appeal as to #35 Notice of Interlocutory Appeal(08-4223) filed by DHL Express. (jmr)
December 19, 2008 Opinion or Order Filing 42 ORDER granting #41 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for DHL Express answer due 1/12/2009. Signed by Judge Dale A. Kimball on 12/19/08. (jwt)
December 18, 2008 Opinion or Order Filing 41 MOTION for Extension of Time to File Answer filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order)(Thompson, Chandler)
December 12, 2008 Opinion or Order Filing 40 ORDER denying #37 Motion to Stay. Signed by Judge Dale A. Kimball on 12/12/08. (awm)
December 12, 2008 Opinion or Order Filing 39 USCA Case Number Case Appealed to USCA 10th Circuit Case Number 08-4223 for #35 Notice of Interlocutory Appeal filed by DHL Express. Transcript order form due 12/30/08 for Sam Meziani. Notice of Appearance due on 12/30/08 for DHL Express(USA), Inc. and Unishippers Global Logistics, LLC. Docketing Statement due 12/30/08 for DHL Express(USA), Inc. (jwt)
December 11, 2008 Opinion or Order Filing 38 MEMORANDUM in Support re #37 Emergency MOTION to Stay Preliminary Injunction filed by Defendant DHL Express. (Attachments: #1 Exhibit A, #2 Exhibit B)(Thompson, Chandler)
December 11, 2008 Opinion or Order Filing 37 Emergency MOTION to Stay Preliminary Injunction filed by Defendant DHL Express. (Thompson, Chandler)
December 11, 2008 Opinion or Order Filing 36 Transmission of Preliminary Record to USCA re #35 Notice of Interlocutory Appeal. (Attachments: #1 Order Granting Preliminary Injunction, #2 Notice of Interlocutory Appeal, #3 Docket)(jmr)
December 9, 2008 Opinion or Order Filing 35 NOTICE OF INTERLOCUTORY APPEAL from [ #34 filed by DHL Express. Appeals to the USCA for the Tenth Circuit. Filing fee $ 455, receipt number 10880000000000803329. (Meziani, Sam) Modified on 12/10/2008 to add docket text relationship(jmr).
December 9, 2008 Opinion or Order Filing 34 ORDER GRANTING PRELIMINARY INJUNCTION. Signed by Judge Dale A. Kimball on 12/9/08. (jwt)
December 8, 2008 Opinion or Order Filing 33 Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 12/8/2008 re #9 Plaintiff's MOTION for Preliminary Injunction filed by Unishippers Global Logistics. The Court heard sworn testimony from Daniel Lockwood of Unishippers Global Logistics and Christopher Fris of DHL Express. After hearing the arguments of Mr. Houpt and Mr. Ashton, the Court took the motion under advisement. Attorney for Plaintiff: Timothy Houpt & Lewis Francis; Attorney for Defendant: John Ashton, Edwin Woodsome, Barclay Edmundson, Sam Meziani. Court Reporter: Becky Janke. (kmj)
December 5, 2008 Opinion or Order Filing 32 **SEALED DOCUMENT** Exhibit 2 to #29 Declaration filed by Plaintiff Unishippers Global Logistics. (jwt)
December 5, 2008 Opinion or Order Filing 31 STIPULATED PROTECTIVE ORDER re: confidential materials. Signed by Judge Dale A. Kimball on 12/5/08 (Attachments: #1 Checklist for Filing Documents Under Seal) (alt)
December 4, 2008 Opinion or Order Filing 30 CERTIFICATE OF SERVICE by Unishippers Global Logistics re #29 Declaration of Dan Lockwood, Exhibit "2" (Francis, Lewis)
December 4, 2008 Opinion or Order Filing 29 DECLARATION of Dan Lockwood re #27 Memorandum in Support of Motion for Preliminary Injunction filed by Unishippers Global Logistics. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Francis, Lewis)
December 4, 2008 Opinion or Order Filing 28 DECLARATION of Rob Durrant re #27 Memorandum in Support of Motion for Preliminary Injunction filed by Unishippers Global Logistics. (Francis, Lewis)
December 4, 2008 Opinion or Order Filing 27 Plaintiff's MEMORANDUM in Support re #9 Plaintiff's MOTION for Preliminary Injunction filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
December 4, 2008 Opinion or Order Filing 26 MOTION for Protective Order filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order Stipulated Protective Order)(Houpt, Timothy)
December 4, 2008 Opinion or Order Filing 25 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Unishippers Global Logistics as to DHL Express served on 11/24/2008, answer due 12/24/2008. (Francis, Lewis)
December 3, 2008 Opinion or Order Filing 24 DECLARATION of Chris Fris re #23 Memorandum in Opposition to Motion for Preliminary Injunction filed by DHL Express. (Meziani, Sam)
December 3, 2008 Opinion or Order Filing 23 MEMORANDUM in Opposition re #9 Plaintiff's MOTION for Preliminary Injunction filed by Defendant DHL Express. (Ashton, John)
December 3, 2008 Opinion or Order Filing 22 DECLARATION of Sam Meziani in Support of DHL Express (USA), Inc.'s Opposition to Plaintiff's Motion for Preliminary Injunction filed by DHL Express. (Attachments: #1 Exhibit 1-7)(Meziani, Sam)
December 2, 2008 Opinion or Order Filing 21 ORDER granting #19 Motion for Admission Pro Hac Vice of Edwin V. Woodsome, Jr. for DHL Express. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 12/2/08. (jwt) Modified on 4/29/2009 - corrected PHV attorney name (rak).
December 2, 2008 Opinion or Order Filing 20 ORDER granting #18 Motion for Admission Pro Hac Vice of D. Barclay Edmundson for DHL Express. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 12/2/08. (jwt)
December 1, 2008 Opinion or Order Filing 19 MOTION for Admission Pro Hac Vice of Edwin V. Woodsome, Jr., Registration fee $ 15, receipt number 10880000000000798302, filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order, #2 Exhibit A and B)(Ashton, John)
December 1, 2008 Opinion or Order Filing 18 MOTION for Admission Pro Hac Vice of D. Barclay Edmundson, Jr., Registration fee $ 15, receipt number 10880000000000798240, filed by Defendant DHL Express. (Attachments: #1 Text of Proposed Order, #2 Exhibit A and B)(Ashton, John)
November 26, 2008 Opinion or Order Filing 17 ORDER granting #15 Motion for Extension of TRO and Continuing Preliminary Injunction Hearing Until 12/8/08. Signed by Judge Dale A. Kimball on 11/26/08. (jwt)
November 26, 2008 Opinion or Order Set/Reset Deadlines as to #9 Plaintiff's MOTION for Preliminary Injunction. Motion Hearing set for 12/8/2008 10:00 AM in Room 220 before Judge Dale A. Kimball per #17 Order.(jwt)
November 25, 2008 Opinion or Order Filing 16 NOTICE of Appearance by Sam Meziani on behalf of DHL Express (Meziani, Sam)
November 25, 2008 Opinion or Order Filing 15 Stipulated MOTION for Extension of Time to extend TRO and to continue preliminary injunction hearing filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
November 25, 2008 Opinion or Order Filing 14 NOTICE of Appearance by John P. Ashton on behalf of DHL Express (Ashton, John)
November 21, 2008 Opinion or Order Filing 12 NOTICE OF HEARING ON MOTION re: #9 Plaintiff's MOTION for Preliminary Injunction : (Notice generated per Order #11 ) Motion Hearing set for 12/1/2008 11:00 AM in Room 220 before Judge Dale A. Kimball. (ce)
November 21, 2008 Opinion or Order Filing 11 TEMPORARY RESTRAINING ORDER re: DHL Express Shipping. For details, see order. An expedited preliminary injunction hearing is set for 12/1/08 at 11:00 a.m. before Judge Dale A. Kimball. Signed by Judge Dale A. Kimball on 11/21/08. (ce)
November 21, 2008 Opinion or Order Filing 10 Plaintiff's MEMORANDUM in Support re #9 Plaintiff's MOTION for Preliminary Injunction filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
November 21, 2008 Opinion or Order Filing 9 Plaintiff's MOTION for Preliminary Injunction filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
November 21, 2008 Opinion or Order Filing 8 Plaintiff's MEMORANDUM in Support re #7 Plaintiff's MOTION for Temporary Restraining Order Ex Parte filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Exhibit A)(Francis, Lewis)
November 21, 2008 Opinion or Order Filing 7 Plaintiff's MOTION for Temporary Restraining Order Ex Parte filed by Plaintiff Unishippers Global Logistics. (Attachments: #1 Text of Proposed Order Proposed Order)(Francis, Lewis)
November 20, 2008 Opinion or Order Filing 5 Case Reassigned to District Judge because case is ineligible for presiding magistrate judge assignment. Case randomly assigned to Judge Dale A. Kimball. Magistrate Judge Samuel Alba no longer assigned to the case. ***Clear PEND_CONSENT Flag (rak) Modified on 11/20/2008 modified entry restrictions(rak).
November 20, 2008 Opinion or Order Filing 4 REQUEST for Immediate Reassignment of Case from Magistrate Judge to US District Court Judge filed by Plaintiff Unishippers Global Logistics. (Francis, Lewis)
November 19, 2008 Opinion or Order Filing 3 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Unishippers Global Logistics. Form due by 12/4/2008. (jwt)
November 18, 2008 Opinion or Order Filing 2 COMPLAINT (Verified) against DHL Express (Filing fee $ 350, receipt number 10880000000000792905), filed by Unishippers Global Logistics. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Executed Verification Page) Assigned to Magistrate Judge Samuel Alba(Francis, Lewis)
November 18, 2008 Opinion or Order Filing 1 Case has been opened and assigned to Magistrate Judge Samuel Alba. Plaintiff Unishippers Global Logistics is directed to E-File the complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350 by the end of the business day. (las)

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Search for this case: Unishippers Global Logistics v. DHL Express
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Plaintiff: Unishippers Global Logistics
Represented By: David J. Jordan
Represented By: Jessica P. Wilde
Represented By: Lewis M. Francis
Represented By: Mark D. Tolman
Represented By: Preston P. Frischknecht
Represented By: Timothy C. Houpt
Represented By: Billie J. Siddoway
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Defendant: DHL Express
Represented By: Blaine J. Benard
Represented By: Edwin V. Woodsome, Jr.
Represented By: Amy Rudd
Represented By: Andrew S. Wong
Represented By: Chandler P. Thompson
Represented By: Christopher S. Ruhland
Represented By: D. Barclay Edmundson
Represented By: Eric G. Maxfield
Represented By: George M. Haley
Represented By: J. Andrew Sjoblom
Represented By: John P. Ashton
Represented By: Khai LeQuang
Represented By: Sam Meziani
Represented By: William W. Oxley
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Petitioner: Consolidated Plaintiffs from 209cv221
Represented By: Katherine M. McCray
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
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Petitioner: England Logistics Inc
Represented By: Rafael A. Seminario
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