Gulf Coast Shippers Limited Partnership et al v. DHL Express USA et al
Plaintiff: All Plaintiffs Except Dandrea & KMD, Gulf Coast Shippers Limited Partnership, 10YJ LLC, Action Freight Systems, Advocate Logistics Group, AEA Services, Air Express Couriers, ALG Alabama, ALG Atlanta East, ALG Atlanta Metro, ALG Atlanta Southeast, AMR Group, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, Central Jersey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress, JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Westchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, All Plaintiffs, BD Logistics, Kentucky Express, Lexington Express, Mississippi Express, QSI Sales, Ship4Less, Synergistics Management, Tennessee Express and Aslan Enterprises
Defendant: DHL Express USA and DPWN Holdings (USA)
Petitioner: Joseph M. Curtis, Unishippers Global Logistics, Theodore K. Zeigler, United Parcel Service, Inc., Kevin Lathrop, Daniel Lockwood, Jimmy Thulmes, Amber Lambert and Jonathan Rich
Case Number: 2:2009cv00221
Filed: March 10, 2009
Court: US District Court for the District of Utah
Office: Central Office
County: Salt Lake
Presiding Judge: Robert J Shelby
Nature of Suit: Contract: Franchise
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 13, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2017 Opinion or Order Filing 679 ORDER granting #678 Motion to Vacate the Phase One Judgment ; granting #678 Motion to Dismiss Prejudice All Remaining Claims. The May 13, 2016 Judgment is VACATED and all remaining claims and counterclaims by and against the Parties are DISMISSED with prejudice. The Supersedeas Bond filed by DHL is released. Case Closed. Signed by Judge Robert J. Shelby on 6/13/2017. (jds)
May 26, 2017 Opinion or Order Filing 678 Joint MOTION to Vacate and Memorandum in Support (Motion to Vacate Phase One Judgment and for Dismissal with Prejudice All Remaining Claims filed by Defendant DHL Express USA. (Benard, Blaine). Added MOTION to Dismiss on 6/13/2017 (jds).
May 25, 2017 Opinion or Order Filing 677 MANDATE of USCA as to #650 Notice of Appeal, filed by DHL Express USA, #655 Notice of Cross Appeal, filed by All Plaintiffs Except Dandrea & KMD According to the USCA the Order of the USDC for the Dist of UT is the appeals are dismissed per stipulation of the parties. (Attachments: #1 Mandate Cover Letter)(jds)
January 25, 2017 Opinion or Order Filing 676 Supersedeas BOND in the amount of $ $9,434,497.00 posted by DHL Express USA (Bond number 99095) (alt)
January 23, 2017 Opinion or Order Filing 675 ORDER granting #674 Motion to Stay Execution of the Judgment Pending Appeal. The court grants the Motion and stays execution of the judgment until the Tenth Circuit issues its mandate. Signed by Judge Robert J. Shelby on 1/23/2017. (jds)
January 18, 2017 Opinion or Order Filing 674 MOTION to Stay re #615 Clerk's Judgment and Memorandum in Support (Unopposed) filed by Defendant DHL Express USA. (Attachments: #1 Exhibit Supersedeas Bond, #2 Text of Proposed Order Proposed Order)(Benard, Blaine)
November 21, 2016 Opinion or Order Filing 673 Please be advised the Record is complete for purposes of appeal for USCA case number 16-4169 re #650 Notice of Appeal. (jds)
October 14, 2016 Opinion or Order Filing 672 Please be advised the Record is complete for purposes of appeal for USCA case number 16-4176 re #655 Notice of Cross Appeal. (jds)
October 13, 2016 Opinion or Order Filing 670 Mail #656 sent to Jonathan Rich - Returned as return to sender - Unable to forward. No new address available. (kpf)
October 13, 2016 Opinion or Order Filing 668 TRANSCRIPT REQUEST FORM filed by All Plaintiffs Except Dandrea & KMD re #655 Notice of Cross Appeal, (Nelson, John)
October 13, 2016 Opinion or Order Filing 667 ORDER of USCA as to #650 Notice of Appeal, filed by DHL Express USA, #655 Notice of Cross Appeal, filed by All Plaintiffs Except Dandrea & KMD (jds)
October 12, 2016 Opinion or Order Filing 671 Mail #653 sent to Jonathan Rich. Returned as undeliverable- Left - Returned to Sender - Unable to forward. No new address available. (kpf)
October 12, 2016 Opinion or Order Filing 669 Mail #656 sent to Amber Lambert - Returned as no longer here - Unable to forward- No new address available. (kpf)
October 11, 2016 Opinion or Order Filing 666 ORDER granting #661 Unopposed Motion for Rule 54(b) Certification. Signed by Judge Robert J. Shelby on 10/11/2016. (jds)
October 11, 2016 Opinion or Order Filing 664 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE held on AUGUST 17, 2015 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 11/1/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/9/2017. (jds) Modified on 1/9/2017 by removing restricted text (las).
October 7, 2016 Opinion or Order Filing 663 ORDER of USCA as to #650 Notice of Appeal, filed by DHL Express USA, #655 Notice of Cross Appeal, filed by All Plaintiffs Except Dandrea & KMD (jds)
October 6, 2016 Opinion or Order Filing 662 TRANSCRIPT REQUEST by DHL Express USA for proceedings held on 08/17/2015 before Judge Robert J. Shelby.. (Benard, Blaine)
October 6, 2016 Opinion or Order Filing 661 MOTION for Judgment under Rule 54(b) and Memorandum in Support (Unopposed) filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - 10th Circuit Court Order)(Benard, Blaine)
October 5, 2016 Opinion or Order Filing 660 Mail #653 sent to Amber Lambert - Returned as undeliverable as addressed - Unable to forward. No new address available. (kpf)
September 30, 2016 Opinion or Order Filing 659 ORDER granting in part and denying in part #652 Motion for Review of Clerks Taxation of Costs; granting #654 Motion for Review of Clerks Taxation of Costs: each party is entitled to the costs awarded by the Clerk of Court. Signed by Judge Robert J. Shelby on 9/30/16 (alt)
September 29, 2016 Opinion or Order Filing 658 USCA Case Number Case Appealed to Tenth Case Number 16-4176 for #655 Notice of Cross Appeal, filed by All Plaintiffs Except Dandrea & KMD. (jmr)
September 29, 2016 Opinion or Order Filing 657 Amended Transmission of Preliminary Record to USCA re #655 Notice of Cross Appeal. (Attachments: #1 Amended Appendix)(jmr)
September 29, 2016 Opinion or Order Filing 656 Transmission of Preliminary Record to USCA re #655 Notice of Cross Appeal. (Attachments: #1 Appendix)(jmr)
September 29, 2016 Opinion or Order Filing 655 NOTICE OF CROSS APPEAL as to #646 Order on Motion for Attorney Fees, Memorandum Decision, #648 Clerk's Judgment, filed by All Plaintiffs Except Dandrea & KMD. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2605504. (McGoey, Patrick)
September 26, 2016 Opinion or Order Filing 654 Defendant's MOTION for Review of Clerk's Taxation of Costs and Memorandum in Support filed 9/19/16 as Docket Entry No 649 filed by Defendant DHL Express USA. (Benard, Blaine)
September 22, 2016 Opinion or Order Filing 653 USCA Case Number Case Appealed to Tenth Case Number 16-4169 for #650 Notice of Appeal, filed by DHL Express USA. (jmr)
September 22, 2016 Opinion or Order Filing 652 Plaintiff's MOTION Review of Clerk's Taxation of Costs re #649 Costs Taxed, filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
September 20, 2016 Opinion or Order Filing 651 Transmission of Preliminary Record to USCA re #650 Notice of Appeal. (Attachments: #1 Appendix)(jds)
September 19, 2016 Opinion or Order Filing 650 NOTICE OF APPEAL as to #644 Order on Motion for Judgment as a Matter of Law, Order on Motion for New Trial, #615 Clerk's Judgment, #646 Order on Motion for Attorney Fees, Memorandum Decision, #648 Clerk's Judgment, filed by DHL Express USA. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2598402. (Benard, Blaine)
September 19, 2016 Opinion or Order Filing 649 TAXATION OF COSTS - The Court must determine which party, if any, is entitled to costs as a prevailing party. Should the Court make that determination, Plaintiffs taxable costs are $90,018.49 and Defendants taxable costs are $67,392.26, signed by AWM, Chief Deputy Clerk 9/19/2016. (jds)
September 19, 2016 Opinion or Order Filing 648 CLERK'S JUDGMENT FOR PREJUDGMENT INTEREST - On September 7, 2016, the Court issued its Memorandum Decision and Order #646 on the Motion for Attorneys Fees, Costs of Litigation, and Prejudgment Interest #623 submitted by Phase One Trial Plaintiffs, AEA Services, Inc., Gulf Coast Shippers Limited Partnership, Kasel Enterprises, L.L.C., and Lake Country Logistics, L.L.C. (Plaintiffs). Consistent with that Order this judgment is entered, signed by AWM, Chief Deputy Clerk. (jds)
September 9, 2016 Opinion or Order Filing 647 REQUEST for Entry of Judgment re #646 Order on Motion for Attorney Fees, Memorandum Decision filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A - proposed Judgment)(Nelson, John)
September 7, 2016 Opinion or Order Filing 646 MEMORANDUM DECISION AND ORDER granting in part and denying in part #623 Motion for Attorney Fees. Signed by Judge Robert J. Shelby on 9/7/2016. (jds)
September 6, 2016 Opinion or Order Filing 644 ORDER denying #616 Motion for Judgment as a Matter of Law ; denying #616 Motion for New Trial. Signed by Judge Robert J. Shelby on 9/6/2016. (jds)
September 6, 2016 Opinion or Order Modification of Docket: Error: Case closed in error during entry of #615 Clerk's Judgment. Correction: Case reopened. (jds)
July 28, 2016 Opinion or Order Filing 643 MEMORANDUM in Opposition re #623 MOTION for Attorney Fees and Memorandum in Support (and specifically in response to Dkt. Entry 642, Notice of Supplemental Authority) filed by Defendant DHL Express USA. (Benard, Blaine)
July 26, 2016 Opinion or Order Filing 642 NOTICE of SUPPLEMENTAL AUTHORITY by AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics re #623 MOTION for Attorney Fees and Memorandum in Support (Attachments: #1 Exhibit A to Notice of Supplemental Authority) (Nelson, John)
July 19, 2016 Opinion or Order Filing 641 AFFIDAVIT/DECLARATION of Blaine J. Benard in Support re #616 MOTION for Judgment as a Matter of Law MOTION for New Trial filed by Defendant DHL Express USA. (Attachments: #1 Exhibit 1-objections to the designations of testimony from the March 12, 2010 deposition of Charles Brewer, #2 Exhibit 2-objections to the designations of testimony from the January 26, 2011 deposition of Charles Brewer, #3 Exhibit 3-Plaintiffs Admitted Exhibit List)(Benard, Blaine)
July 19, 2016 Opinion or Order Filing 640 REPLY to Response to Motion re #616 MOTION for Judgment as a Matter of Law MOTION for New Trial filed by Defendant DHL Express USA. (Benard, Blaine)
June 28, 2016 Opinion or Order Filing 639 ORDER granting #638 Stipulated Motion to Supplement the Record. Signed by Judge Robert J. Shelby on 6/28/2016. (jds)
June 24, 2016 Opinion or Order Filing 638 Stipulated MOTION to Supplement the Record filed by Plaintiffs AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics. (Attachments: #1 Exhibit A: Transcript of Brewer's 1/26/11 Deposition Testimony presented at Trial on 3/22/16, #2 Exhibit B: Transcript of Brewer's 1/26/11 Deposition Testimony presented at Trial on 3/23/16, #3 Exhibit C: Transcript of Cameron's 9/2/11 Deposition Testimony presented at Trial on 3/22/16, #4 Exhibit D: Transcript of Whitaker's 8/26/11 Deposition Testimony presented at Trial on 3/28/16)(McGoey, Patrick)
June 24, 2016 Opinion or Order Filing 637 ORDER granting #636 Motion for Extension of Time to File Response/Reply re #616 MOTION for Judgment as a Matter of Law MOTION for New Trial and #630 Memorandum in Opposition. Replies due by 7/19/2016. Signed by Judge Robert J. Shelby on 6/24/16. (jlw)
June 23, 2016 Opinion or Order Filing 636 MOTION for Extension of Time to File Response/Reply as to #630 Memorandum in Opposition to Motion,, #616 MOTION for Judgment as a Matter of Law MOTION for New Trial filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order)(Benard, Blaine)
June 23, 2016 Opinion or Order Filing 635 REPLY to Response to Motion re #623 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
June 23, 2016 Opinion or Order Filing 633 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL PARTIAL TRANSCRIPT held on MARCH 23, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 7/14/2016. Redacted Transcript Deadline set for 7/26/2016. Release of Transcript Restriction set for 9/21/2016. (jds) Modified on 9/21/2016 by removing restricted text (las).
June 23, 2016 Opinion or Order Filing 632 BILL OF COSTS (DHL's Reply in Support of Bill of Costs filed by DHL Express USA. (Attachments: #1 Exhibit A - Trial exhibit expenses, #2 Exhibit B - Dorriety and Brunette's attendance costs)(Benard, Blaine)
June 20, 2016 Opinion or Order Filing 631 Plaintiff's RESPONSE re #622 Bill of Costs, #626 Objections, filed by AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics. (Attachments: #1 Exhibit E-1: Smith Invoices, #2 Exhibit E-2: Loge Invoices)(McGoey, Patrick)
June 17, 2016 Opinion or Order Filing 630 MEMORANDUM in Opposition re #616 MOTION for Judgment as a Matter of Law MOTION for New Trial filed by Plaintiffs AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics. (Attachments: #1 Exhibit 1: 2/11/16 Hearing Transcript Excerpts, #2 Exhibit 2: Transcript of Excerpts from Gerald Cameron deposition played at trial, #3 Exhibit 3: Trial Transcript Excerpts, #4 Exhibit 4: 3/30/16 Hearing Transcript Excerpts, #5 Exhibit 5: Transcript of Excerpts from Charles Brewer's 1/26/11 deposition played at trial, #6 Exhibit 6: Transcript of Excerpts from Charles Brewer's 3/12/10 deposition read at trial)(McGoey, Patrick)
June 14, 2016 Opinion or Order Filing 629 ORDER granting #628 Motion for Leave to File Overlength Post-Trial Opposition Brief. Signed by Judge Robert J. Shelby on 6/14/2016. (jds)
June 14, 2016 Opinion or Order Filing 628 Plaintiff's MOTION for Leave to File Excess Pages filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order)(McGoey, Patrick)
June 13, 2016 Opinion or Order Filing 627 MEMORANDUM in Opposition re #623 MOTION for Attorney Fees and Memorandum in Support filed by Counter Claimant DHL Express USA. (Benard, Blaine)
June 10, 2016 Opinion or Order Filing 626 OBJECTIONS to #622 Bill of Costs, filed by DHL Express USA. (Attachments: #1 Exhibit A)(Benard, Blaine)
June 10, 2016 Opinion or Order Filing 625 Plaintiff's RESPONSE re #624 Bill of Costs, filed by All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1)(McGoey, Patrick)
May 27, 2016 Opinion or Order Filing 624 BILL OF COSTS filed by DHL Express USA. (Attachments: #1 Memorandum of Costs, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Benard, Blaine)
May 27, 2016 Opinion or Order Filing 623 MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics. (Attachments: #1 Exhibit A: National Account Agreement, #2 Exhibit B: Gerald Cameron Deposition Excerpts, #3 Exhibit C: Declaration of Patrick McGoey, #4 Exhibit C-1: Gulf Coast's Fee Agreement, #5 Exhibit C-2: SEMM Legal Fees, #6 Exhibit C-3: Litigation Costs, #7 Exhibit C-4: Expert Fees, #8 Exhibit D: Declaration of Chad R. Derum, #9 Exhibit D-1: MCBB Fees)(McGoey, Patrick)
May 27, 2016 Opinion or Order Filing 622 BILL OF COSTS filed by AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics. (Attachments: #1 Memorandum of Costs, #2 Exhibit A - Fees of the Clerk, #3 Exhibit B - Fees for Service, #4 Exhibit C - Fees for Deposition Transcripts, #5 Exhibit D - Fees for Hearing and Trial Transcripts, #6 Exhibit E - Fees for Witnesses, #7 Exhibit F - Fees for Exemplification and Copies)(McGoey, Patrick)
May 27, 2016 Opinion or Order Filing 621 ORDER granting #620 Motion to Stay Execution of Judgments, granting #620 Motion for Extension of Time to Post Bond. Signed by Judge Robert J. Shelby on 5/27/2016. (blh)
May 26, 2016 Opinion or Order Filing 620 Stipulated MOTION to Stay re Modification of Docket, #615 Clerk's Judgment, #616 MOTION for Judgment as a Matter of Law MOTION for New Trial and Memorandum in Support , Stipulated MOTION for Extension of Time to Post Bond and Memorandum in Support filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order Proposed Order)(Benard, Blaine)
May 23, 2016 Opinion or Order Filing 619 ORDER granting #618 Motion for Extension of Time to File Response/Reply re #616 MOTION for Judgment as a Matter of Law and MOTION for New Trial. Responses due by 6/17/2016. Signed by Judge Robert J. Shelby on 5/23/2016. (jds)
May 23, 2016 Opinion or Order Filing 618 MOTION for Extension of Time to File Response/Reply filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order)(McGoey, Patrick)
May 17, 2016 Opinion or Order Filing 617 NOTICE OF WITHDRAWAL OF COUNSEL of J. Andrew Sjoblom filed by Blaine J. Benard on behalf of DHL Express USA (Benard, Blaine)
May 16, 2016 Opinion or Order Filing 616 MOTION for Judgment as a Matter of Law and Memorandum in Support (Renewed), MOTION for New Trial and Memorandum in Support filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - 2/11/16 Hearing Transcript Excerpts, #2 Exhibit B 3/30/16 Hearing Transcript Excerpts, #3 Exhibit C 2/25/11 Hearing Transcript Excerpts, #4 Exhibit D 3/4/16 Hearing Transcript Excerpts, #5 Exhibit E 3/18/16 Transcript, #6 Exhibit F Trial Transcript, #7 Exhibit G Excerpts from Brewer 1/26/11 Deposition Transcript, #8 Exhibit H Trial Exhibit 144, #9 Exhibit I Trial Exhibit 335, #10 Exhibit J Excerpts from Brewer 3/12/10 Deposition Transcript, #11 Exhibit K Trial Exhibit 225, #12 Exhibit L Trial Exhibit 1, #13 Exhibit M Trial Exhibit 323)(Benard, Blaine) Modified on 5/16/2016: corrected first motion relief to "Judgment as a Matter of Law" (alt)
May 16, 2016 Opinion or Order Modification of Docket re #616 MOTION for Judgment as a Matter of Law MOTION for New Trial. Error: Filer selected wrong first motion relief, "Judgment on the Pleadings". Correction: First motion relief has been corrected to "Judgment as a Matter of Law". (alt)
May 13, 2016 Opinion or Order Filing 615 JUDGMENT IN A CIVIL CASE - See attached judgment for detail, signed by AWM, Chief Deputy Clerk. Case Closed. (jds) Modified on 9/6/2016 (jds).
May 13, 2016 Opinion or Order Filing 613 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PARTIAL TRANSCRIPT OF JURY VOIR DIRE held on MARCH 18, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 6/3/2016. Redacted Transcript Deadline set for 6/13/2016. Release of Transcript Restriction set for 8/11/2016. (jds) Modified on 8/15/2016 by removing restricted text (las).
May 5, 2016 Opinion or Order Filing 612 DOCKET TEXT ORDER. Pursuant to the court's instructions at the end of trial, the parties shall have until May 16, 2016 to file any post-trial motions. Further, DHL's Motion for Judgment as a Matter of Law, docket entry #579 and Plaintiffs' Motion for Judgment as a Matter of Law, docket entry #580 are deemed DENIED per Federal Rule of Civil Procedure 50(b). Signed by Judge Robert J. Shelby on 5/5/2016. No attached document. (mjm)
May 5, 2016 Opinion or Order Filing 611 ORDER granting #610 Motion to File Overlength Post-Trial Motions. Signed by Judge Robert J. Shelby on 5/5/2016. (jds)
May 5, 2016 Opinion or Order Filing 610 MOTION To File Overlength Post-Trial Motions filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
April 19, 2016 Opinion or Order Filing 609 ORDER to Enter Judgment re #591 Jury Verdict Signed by Judge Robert J. Shelby on 4/19/2016. (jds)
April 13, 2016 Opinion or Order Filing 606 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Objections to Jury Instructions held on March 30, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, 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. To redact additional information a Motion to Redact must be filed. 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 5/4/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/12/2016. (jds) Modified on 7/12/2016 by removing restricted text (las).
April 13, 2016 Opinion or Order Filing 605 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL Week Two Day 4 held on MARCH 31, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, PATTI WALKER, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 5/4/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/12/2016. (Attachments: #1 Part 2, #2 Part 3) (jds) Modified on 7/12/2016 by removing restricted text (las).
April 13, 2016 Opinion or Order Filing 604 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL Week Two Day 3 held on March 30, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 5/4/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/12/2016. (jds) Modified on 7/12/2016 by removing restricted text (las).
April 13, 2016 Opinion or Order Filing 603 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL Week Two Day Two held on MARCH 29, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, LAURA ROBINSON, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 5/4/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/12/2016. (Attachments: #1 Part 2) (jds) Modified on 7/12/2016 by removing restricted text (las).
April 13, 2016 Opinion or Order Filing 602 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of JURY TRIAL - Week Two First Day held on MARCH 28, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, PATTI WALKER, ED YOUNG, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 5/4/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/12/2016. (Attachments: #1 Part 2, #2 Part 3) (jds) Modified by removing restricted text on 8/28/2017 (rks).
April 12, 2016 Opinion or Order Filing 600 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FIFTH DAY JURY TRIAL held on March 25, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 5/3/2016. Redacted Transcript Deadline set for 5/13/2016. Release of Transcript Restriction set for 7/11/2016. (Attachments: #1 Part 2, #2 Part 3) (jds) Modified on 7/12/2016 by removing restricted text (las).
April 12, 2016 Opinion or Order Filing 599 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FOURTH DAY JURY TRIAL held on MARCH 24, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, LAURA ROBINSON, KELLY HICKEN, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 5/3/2016. Redacted Transcript Deadline set for 5/13/2016. Release of Transcript Restriction set for 7/11/2016. (jds) (Additional attachment(s) added on 4/12/2016: #1 Supplement Part 2, #2 Supplement Part 3) (jds). Modified on 7/12/2016 by removing restricted text (las).
April 12, 2016 Opinion or Order Filing 598 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of THIRD DAY JURY TRIAL held on March 23, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber ED YOUNG, RAYMOND FENLON, PATTI WALKER, Telephone number (801)328-3202. 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. To redact additional information a Motion to Redact must be filed. 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 5/3/2016. Redacted Transcript Deadline set for 5/13/2016. Release of Transcript Restriction set for 7/11/2016. (Attachments: #1 Part 2, #2 Part 3) (jds) Modified on 7/12/2016 by removing restricted text (las).
April 12, 2016 Opinion or Order Filing 597 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of SECOND DAY JURY TRIAL held on 3/22/2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, PATTI WALKER, KELLY HICKEN, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 5/3/2016. Redacted Transcript Deadline set for 5/13/2016. Release of Transcript Restriction set for 7/11/2016. (jds) (Additional attachment(s) added on 4/12/2016: #1 Supplement Part 2, #2 Exhibit Part 3) (jds). Modified on 7/12/2016 by removing restricted text (las).
April 12, 2016 Opinion or Order Filing 596 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FIRST DAY JURY TRIAL held on MARCH 21, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, REBECCA JANKE, PATTI WALKER, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 5/3/2016. Redacted Transcript Deadline set for 5/13/2016. Release of Transcript Restriction set for 7/11/2016. (Attachments: #1 Part 2, #2 Part 3) (jds) Modified by removing restricted text on 8/28/2017 (rks).
April 7, 2016 Opinion or Order Filing 595 Trial Witness and Exhibit List. (mjm)
April 7, 2016 Opinion or Order Filing 594 DOCKET TEXT ORDER Pursuant to Federal Rule of Civil Procedure 58, each party may submit a proposed Order Entering Judgment on or by April 14, 2016. (No Document Attached) Signed by Judge Robert J. Shelby on 4/6/2016. (mjm)
March 31, 2016 Opinion or Order Filing 593 **SEALED DOCUMENT** Jury Notes. (mjm)
March 31, 2016 Opinion or Order Filing 592 **SEALED DOCUMENT** Jury Panel Record. (mjm)
March 31, 2016 Opinion or Order Filing 591 JURY VERDICT. (mjm)
March 31, 2016 Opinion or Order Filing 590 Jury Instructions. (mjm)
March 31, 2016 Opinion or Order Filing 589 Minute Entry for proceedings held before Judge Robert J. Shelby: Jury Trial completed on 3/31/2016. The jury is seated at 9:00 a.m. Closing arguments heard by both sides. CSO, Hugh Bennett is present and is sworn to stay with the jury, during deliberations. The jury is excused to the jury room to begin deliberations. Cnsl stipulate the to the exhibits that were admitted during jury trial. Exhibits are delivered to the jury room. Jury begins deliberating at 1:15 p.m. The court is informed at 9:02 p.m. that a verdict has been reached. The parties are contact and instructed to return to the courtroom. At 9:35 p.m. the verdict is read. The jury is polled. The jury is thanked and excused. Attorneys for plaintiff: Patrick McGoey, Kyle Schonekas, Andrea Timpa; Attorneys for defendant: Christopher Ruhland, Amy Rudd, Andrew Wong, Blaine Benard. (mjm)
March 30, 2016 Opinion or Order Filing 588 Minute Entry for proceedings held before Judge Robert J. Shelby: Jury Trial held on 3/30/2016. Cnsl present. Issues of evidence discussed with the Court. Jury seated at 9:00 a.m. Testimony continues. Defense rests. Plaintiffs call as rebuttal witnesses, Carl Loge and Richard S. Hoffman. Witnesses were sworn, testimonies given. Jury excused and arguments were heard and the deposition to be read next in court. Court made rulings on the record. Jury returned and both sides rests. (No deposition was read or entered) Jury excused and discussion held on jury instructions. Jury returned at 1:15 p.m. Jury instructions read. Jury excused at 2:15 p.m. to return tomorrow at 9:00 a.m. for closing arguments. Attorneys for plaintiff: Patrick McGoey, Kyle Schonekas, Andrea Timpa; Attorneys for defendant: Christopher Ruhland, Amy Rudd, Andrew Wong, Blaine Benard. (mjm)
March 30, 2016 Opinion or Order Filing 580 Plaintiff's MOTION for Judgment as a Matter of Law filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
March 29, 2016 Opinion or Order Filing 586 Minute Entry for proceedings held before Judge Robert J. Shelby: Jury Trial held on 3/29/2016. Jury is seated at 9:03 a.m. Trial resumes. Witnesses sworn, testimony heard and exhibits received. Jury is escorted to the jury room for morning break. Out of the presence of the jury, the court hears argument from cnsl. The jury is informed that a longer break will be taken. The court researches the matter raised, out of the presence of the jury. Court resumes at 11:02 a.m. The court discuss the matter further and the jury is seated at 11:18 a.m. Witness resumes the witness stand and trial resumes. The jury is excused for the day and instructed to return at 9:00 a.m. tomorrow. Attorneys for plaintiff: Patrick McGoey, Kyle Schonekas, Andrea Timpa; Attorneys for defendant: Christopher Ruhland, Amy Rudd, Andrew Wong, Blaine Benard. (mjm)
March 28, 2016 Opinion or Order Filing 587 Minute Entry for proceedings held before Judge Robert J. Shelby: Jury Trial held on 3/28/2016. Out of the presence of the jury, the court hears from cnsl. Cnsl stipulate to exhibits. The jury is seated at 9:01 a.m. Trial resumes. Witnesses sworn, testimony heard and exhibits received. Plaintiff's cnsl rests. Defendant calls first witness. Witness is sworn and testimony is heard. The jury is excused on morning break. The court resumes at 11:18 a.m. and continues with testimony. The jury is excused for lunch at 12:22 p.m. and returns at 1:22 p.m. Testimony resumes. At 3:00 p.m. the jury is excused for the day and instructed to return tomorrow at 9:00 a.m. Attorneys for plaintiff: Patrick McGoey, Kyle Schonekas, Andrea Timpa; Attorneys for defendant: Christopher Ruhland, Amy Rudd, Andrew Wong, Blaine Benard. Court Reporters: Ray Fenlon, Patti Walker, Ed Young. (mjm)(mjm)
March 28, 2016 Opinion or Order Filing 579 Defendant's MOTION for Judgment as a Matter of Law and Memorandum in Support filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Excerpts of March 22, 2016 Trial Transcript)(Sjoblom, J.)
March 25, 2016 Opinion or Order Filing 585 Minute Entry for proceedings held before Judge Robert J. Shelby: Jury Trial held on 3/25/2016. At 9:05 a.m. the jury is seated. Trial resumes. Witness sworn, testimony heard and exhibits received. The jury is excused at 12:13 p.m. for lunch and instructed to return at 1:15 p.m. Jury is seated at 1:15 p.m. Trial resumes. At 3:00 p.m. the court reminds the jury to not research the case and give other preliminary instructions. The jury is instructed to return at 9:00 a.m. on Monday, March 28. Out of the presence of the jury, the court hears argument from cnsl. Trial will resume on Monday, March 28. Attorneys for plaintiff: Patrick McGoey, Kyle Schonekas, Andrea Timpa; Attorneys for defendant: Christopher Ruhland, Amy Rudd, Andrew Wong, Blaine Benard. Court Reporters: Laura Robinson, Kelly Hicken, Ray Fenlon.(mjm)
March 24, 2016 Opinion or Order Filing 584 Minute Entry for proceedings held before Judge Robert J. Shelby: Jury Trial held on 3/24/2016. The court meets with cnsl before trial and rules on objections. Jury is seated at 9:00 a.m. Testimony resumes of Eric Smith. The jury is excused for lunch at 12:00 p.m. and instructed to return at 1:00 p.m. At 1:10 p.m. the jury is seated. Plaintiff calls Dan Reese to the witness stand. Mr. Reese is sworn and gives sworn testimony. The jury is excused at 3:00 p.m. and instructed to return tomorrow at 9:00 a.m. Attorneys for plaintiff: Patrick McGoey, Kyle Schonekas, Andrea Timpa; Attorneys for defendant: Christopher Ruhland, Amy Rudd, Andrew Wong, Blaine Benard. Court Reporters: Ray Fenlon, Laura Robinson, Kelly Hicken. (mjm)
March 23, 2016 Opinion or Order Filing 583 Minute Entry for proceedings held before Judge Robert J. Shelby: Jury Trial held on 3/23/2016. Out of the presence of the jury, the court hears from cnsl. The jury is seated at 9:00 a.m. Testimony resumes. Witnesses sworn, testimony heard and exhibits received. The jury is excused for lunch at 12:32 p.m. and instructed to return at 1:15 p.m. Jury is seated at 1:15 p.m. Testimony resumes. Plaintiff calls Eric Smith. Mr. Smith is sworn and gives sworn testimony. The jury is excused at 3:20 p.m. and instructed to return tomorrow at 9:00 am. Attorneys for plaintiff: Patrick McGoey, Kyle Schonekas, Andrea Timpa; Attorneys for defendant: Christopher Ruhland, Amy Rudd, Andrew Wong, Blaine Benard. Court Reporters: Ed Young, Ray Fenlon, Patti Walker(mjm)
March 22, 2016 Opinion or Order Filing 582 Minute Entry for proceedings held before Judge Robert J. Shelby: Jury Trial held on 3/22/2016. Out of the presence of the jury, the court hears from cnsl. Argument heard on depositions to be played for the jury. The court invokes the exclusionary rule. Cnsl are instructed to monitor their witnesses in the courtroom. The jury is seated at 9:30 a.m. Plaintiffs call Carl Loge to the stand. Mr. Loge is sworn and gives sworn testimony. Following Mr. Loge's testimony, plaintiffs play video depositions. The jury is excused for lunch at 12:22 p.m. and instructed to return at 1:00 p.m. Jury is seated and testimony resumes. The jury is excused at 3:18 p.m. and instructed to return at 9:00 a.m. tomorrow. Attorneys for plaintiff: Patrick McGoey, Kyle Schonekas, Andrea Timpa; Attorneys for defendant: Christopher Ruhland, Amy Rudd, Andrew Wong, Blaine Benard. Court Reporters: Ray Fenlon, Patti Walker, Kelly Hicken. (mjm)
March 21, 2016 Opinion or Order Filing 581 Minute Entry for proceedings held before Judge Robert J. Shelby: Jury Trial held on 3/21/2016. Out of the presence of the jury, the court discusses and email sent to chambers, by juror #1. Juror #1 is excused from jury service. At 9:10 a.m. the jury is escorted into the courtroom. Opening statement heard. Pla calls witness Julie Fisher. Testimony heard and exhibits received. The jury is excused for lunch at 12:20 p.m. Jury is seated at 1:08 p.m. Testimony resumes. The jury is excused for the day at 3:08 p.m. and instructed to return tomorrow at 9:00 a.m. Out of the presence of the jury, the court hears argument. Attorneys for plaintiff: Patrick McGoey, Kyle Schonekas, Andrea Timpa; Attorneys for defendant: Christopher Ruhland, Amy Rudd, Andrew Wong, Blaine Benard. Court Reporters: Ray Fenlon/Becky Janke/Patti Walker.(mjm) Modified on 4/1/2016 (mjm).
March 21, 2016 Opinion or Order Filing 578 REPLY BRIEF re #552 Proposed Jury Instructions (DHL's Reply to Plaintiff's Objections to DHL's Proposed Jury Instructions filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Excerpts from February 25, 2016 Pretrial Conference)(Sjoblom, J.)
March 18, 2016 Opinion or Order Filing 577 Minute Entry for proceedings held before Judge Robert J. Shelby: Voir Dire held on 3/18/2016. The court meets with cnsl to discuss preliminary matters. The court GRANTS docket entry #571 MOTION to Quash DHL's Subpoenas Issued to Plaintiffs and Unishippers filed by All Plaintiffs Except Dandrea & KMD. The court also GRANTS #572 MOTION to Expedite Hearing on (rec. Doc. 571) Plaintiffs' Motion to Quash DHL's Subpoenas Issued to Plaintiffs and Unishippers filed by All Plaintiffs Except Dandrea & KMD. At 9:00 a.m., 45 potential jurors are escorted into the courtroom. Jurors are sworn and continue with voir dire. At 1:45 p.m., 10 jurors are selected, sworn, and seated. Remaining jurors are thanked and excused. Jurors are given preliminary instructions. Jurors will return on Monday, March 21, 2016 at 9:00 a.m. Attorneys for plaintiff: Kyle D. Schonekas, Patrick S. McGoey and Andrea V. Timpa ; Attorneys for defendant: Blaine Benard, Christpher S. Ruhland and Amy Rudd. Court Reporter: Ray Fenlon.(mjm)
March 17, 2016 Opinion or Order Filing 576 REPLY to Response to Motion re #571 MOTION to Quash DHL's Subpoenas Issued to Plaintiffs and Unishippers [Rec. Doc. 567] and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A: March 17, 2016 letter from Lewis M. Francis to J. Andrew Sjoblom, #2 Exhibit B: September 3, 2010 letter from Katie McCray to Khai LeQuang)(Timpa, Andrea)
March 17, 2016 Opinion or Order Filing 575 AFFIDAVIT/DECLARATION of Michelle Rutherford in Opposition re #571 MOTION to Quash DHL's Subpoenas Issued to Plaintiffs and Unishippers [Rec. Doc. 567] and Memorandum in Support filed by Defendant DHL Express USA. (Sjoblom, J.)
March 17, 2016 Opinion or Order Filing 574 MEMORANDUM in Opposition re #571 MOTION to Quash DHL's Subpoenas Issued to Plaintiffs and Unishippers [Rec. Doc. 567] and Memorandum in Support filed by Defendant DHL Express USA. (Attachments: #1 Exhibit 1 Dec. 14, 2011 Lockwood Dep., 35:7-12, #2 Exhibit 2 May 24, 2011 Reese Dep., 106:16-18, 122:13-14, #3 Exhibit 3 Feb 1, 2016 Patrick S. McGoey correspondence to Amy L. Rudd, #4 Exhibit 4 Oct. 6, 2010 Smith Dep., 114:17-115:9, #5 Exhibit 5 Oct. 13, 2010 J. Fisher Dep., 168:3-15)(Sjoblom, J.)
March 17, 2016 Opinion or Order Filing 573 RESPONSE re #547 Proposed Jury Instructions, #553 Objections, filed by All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
March 16, 2016 Opinion or Order Set/Reset Hearings: Jury Trial set for 3/21/2016 at 08:30 AM in Rm 7.300 before Judge Robert J. Shelby. Jury Trial set for 3/22/2016 at 08:30 AM in Rm 7.300 before Judge Robert J. Shelby. Jury Trial set for 3/23/2016 at 08:30 AM in Rm 7.300 before Judge Robert J. Shelby. Jury Trial set for 3/24/2016 at 08:30 AM in Rm 7.300 before Judge Robert J. Shelby. Jury Trial set for 3/25/2016 at 08:30 AM in Rm 7.300 before Judge Robert J. Shelby. Jury Trial set for 3/28/2016 at 08:30 AM in Rm 7.300 before Judge Robert J. Shelby. Jury Trial set for 3/29/2016 at 08:30 AM in Rm 7.300 before Judge Robert J. Shelby. Jury Trial set for 3/30/2016 at 08:30 AM in Rm 7.300 before Judge Robert J. Shelby. Jury Trial set for 3/31/2016 at 08:30 AM in Rm 7.300 before Judge Robert J. Shelby. Jury Trial set for 4/1/2016 at 08:30 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
March 11, 2016 Opinion or Order Filing 572 MOTION to Expedite Hearing on [rec. Doc. 571] Plaintiffs' Motion to Quash DHL's Subpoenas Issued to Plaintiffs and Unishippers and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
March 11, 2016 Opinion or Order Filing 571 MOTION to Quash DHL's Subpoenas Issued to Plaintiffs and Unishippers [Rec. Doc. 567] and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1: Notice of Issuance of Subpoenas and Subpoenas directed to Lake Country Logistics, Unishippers Global Logistics, AEA Services, Inc., Gulf Coast Shippers, LP, and Kasel Enterprises, LLC, #2 Exhibit 2: Letter from Maria Marks to Jonathan Riddell, dated 9/23/10, #3 Exhibit 3: Letter from Maria Marks to Eliot Walker, dated 7/7/11, #4 Exhibit 4: Letter from Maria Marks to Eliot Walker, dated 9/12/11)(McGoey, Patrick)
March 11, 2016 Opinion or Order Set Deadlines/Hearings: Jury Selection/Voir Dire set for 3/18/2016 at 9:00 AM in Rm 7.300 before Judge Robert J. Shelby. Cnsl will meet with the court at 8:30 a.m. on 3/18/2016.(mjm)
March 7, 2016 Opinion or Order Filing 568 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONE STATUS CONFERENCE held on MARCH 4, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 3/28/2016. Redacted Transcript Deadline set for 4/7/2016. Release of Transcript Restriction set for 6/6/2016. (jds) Modified on 6/6/2016 by removing restricted text (las).
March 4, 2016 Opinion or Order Filing 570 Minute Order. Telephone Conference held on 3/4/2016. The court rules as follows: MOTION in Limine and filed by All Plaintiffs Except Dandrea & KMD, docket entry #558 is Denied. The jury will decide DHL's open account claim. The jury will also decide DHL's quantum meruit claim. MOTION to Strike (Motion to Strike Plaintiff's Affirmative Defense No. 14), docket entry #528 filed by DHL Express USA is Granted in part and denied in part. Plaintiffs may pursue their claim that DHL expressly breached Section 5.05 of the National Account Agreement. MOTION in Limine No. 6 to Exclude Opinion Testimony of Courtney Brunette and Brunette Data Sets Regarding DHL's Alleged Damages filed by DHL Express USA, docket entry #500 is Denied. Attorney for Plaintiff: Patrick McGoey, John Nelson, Attorney for Defendant: Blaine Benard, Amy Rudd, Christopher Ruhland, J. Andrew Sjoblom. Court Reporter: Ray Fenlon.(mjm) Written Order to follow oral order: No. (mjm)
March 4, 2016 Opinion or Order Filing 567 NOTICE of Issuance of Subpoenas by DHL Express USA (Attachments: #1 Exhibit A - Lake Country Subpoena, #2 Exhibit B - Unishippers Global Logistics Subpoena, #3 Exhibit C - AEA Services Subpoena, #4 Exhibit D - Gulf Coast Subpoena, #5 Exhibit E - Kasel Enterprises Subpoena) (Sjoblom, J.)
March 2, 2016 Opinion or Order Filing 565 Supplemental MEMORANDUM in Support re #558 MOTION in Limine and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(McGoey, Patrick)
March 1, 2016 Opinion or Order Filing 564 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Telephone Conference set for 3/4/2016 at 11:00 AM in Rm 7.300 before Judge Robert J. Shelby. Judge Robert J. Shelby has set a telephone conference for 3/4/2016 at 11:00 a.m. (MST) to provide oral rulings on the outstanding motions and issues in advance of trial. As a participant, the conference instructions are as follows: 1. Dial 888-808-6929 ; 2. Enter Access Code 2900331 ; 3. To enter as a participant, press # key. If the call has not been activated by the Court, you will be placed on hold. If you have any questions before the hearing begins, please do not hesitate to call chambers at 801-524-6790, if you are having issues during the hearing, please email the case adminstrator at mary_jane_mcnamee@utd.uscourts.gov (mjm)
March 1, 2016 Opinion or Order Filing 562 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of FINAL PRETRIAL CONFERENCE held on FEBRUARY 25, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 3/22/2016. Redacted Transcript Deadline set for 4/1/2016. Release of Transcript Restriction set for 5/31/2016. (jds) Modified on 6/1/2016 by removing restricted text (las).
February 26, 2016 Opinion or Order Filing 561 PRETRIAL ORDER. Jury Selection set for 3/18/2016 at 8:30 a.m. 10 Day Jury Trial set for 3/21/2016 at 8:30 AM in Rm 7.300 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 2/25/2016. (mjm)
February 25, 2016 Opinion or Order Filing 566 Minute Entry for proceedings held before Judge Robert J. Shelby: Final Pretrial Conference held on 2/25/2016. The court hears oral argument and denies docket entry #498 MOTION in Limine No. 4 to Exclude Evidence or Argument that Unishippers Waived Plaintiffs' Claims filed by Plaintiff All Plaintiffs Except Dandrea & KMD. The court has received proposed jury instruction and proposed voir dire and discussions held. Trial schedule discussed. Trial will be held from 9:00 a.m. to 3:00 p.m. The court informs cnsl of procedure for keeping trial on schedule. Each side will have 22.5 hours to make their case. Cnsl will meet with the court at 8:30 a.m. on 3/18/2016. The jury pool will be seated at 9:00 a.m. for jury selection. Attorney for Plaintiff: Patrick McGoey, John Nelson, Kyle Schoenekas; Attorney for Defendant: Blaine Benard, Amy Rudd, Christopher Ruhland. Court Reporter: Ray Fenlon.(mjm)
February 25, 2016 Opinion or Order Filing 560 EXHIBITS filed by DHL Express USA re #559 Memorandum in Opposition to Motion,,. (Sjoblom, J.)
February 25, 2016 Opinion or Order Filing 559 Supplemental MEMORANDUM in Opposition re #499 MOTION in Limine and Memorandum in Support No. 5 to Exclude Testimony and Evidence from DHL's Untimely-Disclosed Witnesses, #500 MOTION in Limine and Memorandum in Support No. 6 to Exclude Opinion Testimony of Courtney Brunette and Brunette Data Sets Regarding DHL's Alleged Damages filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Excerpts from Courtney Brunette Deposition)(Sjoblom, J.)
February 24, 2016 Opinion or Order Filing 558 MOTION in Limine and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
February 24, 2016 Opinion or Order Filing 557 Supplemental MEMORANDUM in Support re #500 MOTION in Limine and Memorandum in Support No. 6 to Exclude Opinion Testimony of Courtney Brunette and Brunette Data Sets Regarding DHL's Alleged Damages, #499 MOTION in Limine and Memorandum in Support No. 5 to Exclude Testimony and Evidence from DHL's Untimely-Disclosed Witnesses filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(McGoey, Patrick)
February 23, 2016 Opinion or Order Filing 556 REPLY to Response to Motion re #528 MOTION to Strike and Memorandum in Support (Motion to Strike Plaintiff's Affirmative Defense No. 14) filed by Defendant DHL Express USA. (Sjoblom, J.)
February 18, 2016 Opinion or Order Filing 555 OBJECTIONS to #547 Proposed Jury Instructions (Objections to Plaintiffs' Proposed Special Verdict Form) filed by DHL Express USA. (Sjoblom, J.)
February 18, 2016 Opinion or Order Filing 554 Proposed Voir Dire by Defendant DHL Express USA. (Sjoblom, J.)
February 18, 2016 Opinion or Order Filing 553 OBJECTIONS to #547 Proposed Jury Instructions of Plaintiff filed by DHL Express USA. (Sjoblom, J.)
February 18, 2016 Opinion or Order Filing 552 Proposed Jury Instructions by DHL Express USA. (Attachments: #1 Exhibit A - DHLs Proposed Preliminary Instructions, #2 Exhibit B - DHLs Proposed PostEvidence Instructions, #3 Exhibit C - DHLs Proposed Special Verdict Form)(Sjoblom, J.)
February 18, 2016 Opinion or Order Filing 551 Proposed Witness List Stipulated Pretrial Order by AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics. (Nelson, John)
February 18, 2016 Opinion or Order Filing 550 Proposed Jury Instructions by DHL Express USA. (Attachments: #1 Exhibit A - Joint Preliminary Instructions, #2 Exhibit B - Joint Proposed PostEvidence Jury Instructions)(Sjoblom, J.)
February 18, 2016 Opinion or Order Filing 549 OBJECTIONS to Defendant's Proposed Jury Instructions filed by AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics. (Attachments: #1 Exhibit A - Plaintiffs' Objections to Defendant's Proposed Instructions) Attorney John T. Nelson added to party AEA Services(pty:cd), Attorney John T. Nelson added to party AEA Services(pty:pla), Attorney John T. Nelson added to party Gulf Coast Shippers Limited Partnership(pty:cd), Attorney John T. Nelson added to party Gulf Coast Shippers Limited Partnership(pty:pla), Attorney John T. Nelson added to party Kasel Enterprises(pty:pla), Attorney John T. Nelson added to party Kasel Enterprises(pty:cd), Attorney John T. Nelson added to party Lake Country Logistics(pty:pla), Attorney John T. Nelson added to party Lake Country Logistics(pty:cd)(Nelson, John)
February 18, 2016 Opinion or Order Filing 548 Supplemental MEMORANDUM in Opposition re #498 MOTION in Limine and Memorandum in Support No. 4 to Exclude Evidence or Argument that Unishippers Waived Plaintiffs' Claims filed by Defendant DHL Express USA. (Sjoblom, J.)
February 18, 2016 Opinion or Order Filing 547 Proposed Jury Instructions by All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A - Plaintiffs' Proposed Instructions, #2 Exhibit B - Plaintiffs' Proposed Special Verdict Form)(Nelson, John)
February 18, 2016 Opinion or Order Filing 546 Supplemental MEMORANDUM in Support re #498 MOTION in Limine and Memorandum in Support No. 4 to Exclude Evidence or Argument that Unishippers Waived Plaintiffs' Claims filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
February 17, 2016 Opinion or Order Filing 543 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTIONS IN LIMINE held on FEBRUARY 11, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 3/9/2016. Redacted Transcript Deadline set for 3/21/2016. Release of Transcript Restriction set for 5/17/2016. (jds) Modified on 5/17/2016 by removing restricted text (las).
February 16, 2016 Opinion or Order Filing 542 OBJECTIONS to DHL'S EXHIBITS (Authenticity Objections and Objections to DHL's Opening Argument Exhibits) filed by All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
February 16, 2016 Opinion or Order Filing 541 OBJECTIONS to Authenticity Objections and Objections to Plaintiffs' Proposed Opening Statement Exhibits filed by DHL Express USA. (Sjoblom, J.)
February 16, 2016 Opinion or Order Filing 540 Plaintiff's MEMORANDUM in Opposition re #528 MOTION to Strike and Memorandum in Support (Motion to Strike Plaintiff's Affirmative Defense No. 14) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
February 12, 2016 Opinion or Order Filing 539 NOTICE of Appearance by John T. Nelson on behalf of All Plaintiffs Except Dandrea & KMD (Nelson, John)
February 12, 2016 Opinion or Order Filing 538 OBJECTIONS to DHL's Witness List and Designations of Deposition Testimony filed by All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
February 11, 2016 Opinion or Order Filing 545 Minute Order. Proceedings held before Judge Robert J. Shelby: The court hears oral argument and rules as follows: #402 Defendant's MOTION for Partial Summary Judgment re Plaintiff's Contract Claims, Counts II, III and IV filed by DHL Express USA. This motion was reopened per docket entry #463 and the remaining issue is DENIED, #467 MOTION Reconsideration of Specified Court Orders re: #370 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment, Order on Motion for Leave to File, Memorandum Decision, #294 Order on Motion for Partial Summary Judgment, Memorandum Decision, #449 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Memorandum Decision and Memorandum in Support filed by Defendant DHL Express USA is TERMINATED, #495 MOTION in Limine No. 1 to Exclude Plaintiffs' Franchise Agreements filed by All Plaintiffs Except Dandrea & KMD is GRANTED WITHOUT PREJUDICE, #496 MOTION in Limine No. 2 to Exclude Their 2010-2014 Financial Document filed by All Plaintiffs Except Dandrea & KMD is GRANTED WITHOUT PREJUDICE, #497 MOTION in Limine No. 3 to Exclude Evidence of Allegations of Sexual Harassment filed by All Plaintiffs Except Dandrea & KMD is GRANTED, #498 MOTION in Limine No. 4 to Exclude Evidence or Argument that Unishippers Waived Plaintiffs' Claims filed by All Plaintiffs Except Dandrea & KMD. The court reserves ruling on this motion and cnsl may file 10-page supplemental briefs on the waiver issue seven days before the final pretrial conference, #499 MOTION in Limine No. 5 to Exclude Testimony and Evidence from DHL's Untimely-Disclosed Witnesses filed by All Plaintiffs Except Dandrea & KMD is GRANTED IN PART AND DENIED IN PART, #500 MOTION in Limine No. 6 to Exclude Opinion Testimony of Courtney Brunette and Brunette Data Sets Regarding DHL's Alleged Damages filed by All Plaintiffs except Dandrea and KMD is heard. The court reserves ruling on this motion and cnsl may file briefs as early as practicable following Mr. Dorriety's deposition, #501 MOTION in Limine No. 7 to Exclude DHL's Former Expert's SAS Code Evidence filed by All Plaintiffs Except Dandrea & KMD is GRANTED, #502 MOTION in Limine No. 8 to Exclude Evidence and Testimony Regarding Plaintiffs' Third Party Beneficiary Status filed by All Plaintiffs except Dandrea & KMD is DENIED WITHOUT PREJUDICE, #505 Defendant's MOTION in Limine (MIL #1 to Exclude Hank Gibson's December 18, 2007 Email) filed by DHL Express USA is GRANTED IN PART AND DENIED IN PART, #506 Defendant's MOTION in Limine (MIL #2 to Exclude Evidence of Other Resellers, Franchisees, and Lawsuits Involving Defendant) filed by DHL Express USA is GRANTED IN PART AND DENIED IN PART, #507 Defendant's MOTION in Limine (MIL #3 to Exclude Evidence of Harm Allegedly Suffered By Individual Shareholders, Partners, or Members of Plaintiff Entities) filed by DHL Express USA is GRANTED, #508 Defendant's MOTION in Limine (MIL #4 to Exclude Expert Testimony of Richard S. Hoffman Regarding "Diminution in Value" Damages) filed by DHL Express USA is GRANTED, #509 Defendant's MOTION in Limine (MIL #5 to Exclude Expert Testimony of Richard S. Hoffman Regarding Overcharge Damages filed by DHL Express USA is DENIED WITHOUT PREJUDICE, #510 Defendant's MOTION in Limine (MIL #6 Re: "Project Locust") filed by DHL Express USA is GRANTED, #511 Defendant's MOTION to Strike #503 Memorandum in Opposition to Motion filed by DPWN Holdings (USA), DHL Express USA is GRANTED, #513 Joint MOTION to Exclude Certain Evidence filed by All Plaintiffs Except Dandrea & KMD is GRANTED, and #528 MOTION to Strike (Motion to Strike Plaintiff's Affirmative Defense No. 14) filed by DHL Express USA is heard. The court reserves ruling on this motion. A Final Pretrial Conference is set for 2/25/2016 at 2:30 p.m. Attorneys for Plaintiff: Patrick McGoey, Kyle Schonekas; Attorney for Defendant: Blaine Benard, Amy Rudd, Christopher Ruhland. Court Reporter: Ray Fenlon.(mjm)
February 4, 2016 Opinion or Order Filing 537 REPLY to Response to Motion re #502 MOTION in Limine and Memorandum in Support No. 8 to Exclude Evidence and Testimony Regarding Plaintiffs' Third Party Beneficiary Status filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(McGoey, Patrick)
February 4, 2016 Opinion or Order Filing 536 REPLY to Response to Motion re #499 MOTION in Limine and Memorandum in Support No. 5 to Exclude Testimony and Evidence from DHL's Untimely-Disclosed Witnesses, #500 MOTION in Limine and Memorandum in Support No. 6 to Exclude Opinion Testimony of Courtney Brunette and Brunette Data Sets Regarding DHL's Alleged Damages filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(McGoey, Patrick)
February 4, 2016 Opinion or Order Filing 535 REPLY to Response to Motion re #509 Defendant's MOTION in Limine and Memorandum in Support (MIL #5 to Exclude Expert Testimony of Richard S. Hoffman Regarding Overcharge Damages filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Excerpts from Dr. Greg Hallman Deposition)(Sjoblom, J.)
February 4, 2016 Opinion or Order Filing 534 REPLY to Response to Motion re #498 MOTION in Limine and Memorandum in Support No. 4 to Exclude Evidence or Argument that Unishippers Waived Plaintiffs' Claims filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
February 4, 2016 Opinion or Order Filing 533 REPLY to Response to Motion re #496 MOTION in Limine and Memorandum in Support No. 2 to Exclude Their 2010-2014 Financial Documents filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(McGoey, Patrick)
February 4, 2016 Opinion or Order Filing 532 REPLY to Response to Motion re #495 MOTION in Limine and Memorandum in Support No. 1 to Exclude Plaintiffs' Franchise Agreements filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
February 4, 2016 Opinion or Order Filing 531 REPLY to Response to Motion re #507 Defendant's MOTION in Limine and Memorandum in Support (MIL #3 to Exclude Evidence of Harm Allegedly Suffered By Individual Shareholders, Partners, or Members of Plaintiff Entities) filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - DHLs Memorandum of Law in Support of Motion in Limine in Avail Shipping Case, #2 Exhibit B - Order in Avail Shipping Case, #3 Exhibit C - Excerpts from Trial Transcript in Unishippers Case)(Sjoblom, J.)
February 4, 2016 Opinion or Order Filing 530 REPLY to Response to Motion re #506 Defendant's MOTION in Limine and Memorandum in Support (MIL #2 to Exclude Evidence of Other Resellers, Franchisees, and Lawsuits Involving Defendant) filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Excerpts from Hearing Transcript, #2 Exhibit B - Excerpts from Hank Gibson Deposition)(Sjoblom, J.)
February 4, 2016 Opinion or Order Filing 529 REPLY to Response to Motion re #505 Defendant's MOTION in Limine and Memorandum in Support (MIL #1 to Exclude Hank Gibson's December 18, 2007 Email) filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Excerpts from Hank Gibson Deposition, #2 Exhibit B - Article from Unishippers Website)(Sjoblom, J.)
January 29, 2016 Opinion or Order Filing 528 MOTION to Strike and Memorandum in Support (Motion to Strike Plaintiff's Affirmative Defense No. 14) filed by Defendant DHL Express USA. (Sjoblom, J.)
January 29, 2016 Opinion or Order Filing 527 Plaintiff's MEMORANDUM in Opposition re #509 Defendant's MOTION in Limine and Memorandum in Support (MIL #5 to Exclude Expert Testimony of Richard S. Hoffman Regarding Overcharge Damages filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Exhibit 1)(McGoey, Patrick)
January 29, 2016 Opinion or Order Filing 526 Plaintiff's MEMORANDUM in Opposition re #507 Defendant's MOTION in Limine and Memorandum in Support (MIL #3 to Exclude Evidence of Harm Allegedly Suffered By Individual Shareholders, Partners, or Members of Plaintiff Entities) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
January 29, 2016 Opinion or Order Filing 525 Plaintiff's MEMORANDUM in Opposition re #506 Defendant's MOTION in Limine and Memorandum in Support (MIL #2 to Exclude Evidence of Other Resellers, Franchisees, and Lawsuits Involving Defendant) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Exhibit 1)(McGoey, Patrick)
January 29, 2016 Opinion or Order Filing 524 Plaintiff's MEMORANDUM in Opposition re #505 Defendant's MOTION in Limine and Memorandum in Support (MIL #1 to Exclude Hank Gibson's December 18, 2007 Email) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Exhibit 1)(McGoey, Patrick)
January 29, 2016 Opinion or Order Filing 523 NOTICE OF HEARING ON MOTION re: #510 Defendant's MOTION in Limine and Memorandum in Support (MIL #6 Re: "Project Locust"), #502 MOTION in Limine and Memorandum in Support No. 8 to Exclude Evidence and Testimony Regarding Plaintiffs' Third Party Beneficiary Status, #509 Defendant's MOTION in Limine and Memorandum in Support (MIL #5 to Exclude Expert Testimony of Richard S. Hoffman Regarding Overcharge Damages, #508 Defendant's MOTION in Limine and Memorandum in Support (MIL #4 to Exclude Expert Testimony of Richard S. Hoffman Regarding "Diminution in Value" Damages), #499 MOTION in Limine and Memorandum in Support No. 5 to Exclude Testimony and Evidence from DHL's Untimely-Disclosed Witnesses, #511 Defendant's MOTION to Strike #503 Memorandum in Opposition to Motion, and Memorandum in Support , #495 MOTION in Limine and Memorandum in Support No. 1 to Exclude Plaintiffs' Franchise Agreements, #501 MOTION in Limine and Memorandum in Support No. 7 to Exclude DHL's Former Expert's SAS Code Evidence, #497 MOTION in Limine and Memorandum in Support No. 3 to Exclude Evidence of Allegations of Sexual Harassment, #496 MOTION in Limine and Memorandum in Support No. 2 to Exclude Their 2010-2014 Financial Documents, #505 Defendant's MOTION in Limine and Memorandum in Support (MIL #1 to Exclude Hank Gibson's December 18, 2007 Email), #507 Defendant's MOTION in Limine and Memorandum in Support (MIL #3 to Exclude Evidence of Harm Allegedly Suffered By Individual Shareholders, Partners, or Members of Plaintiff Entities), #498 MOTION in Limine and Memorandum in Support No. 4 to Exclude Evidence or Argument that Unishippers Waived Plaintiffs' Claims, #500 MOTION in Limine and Memorandum in Support No. 6 to Exclude Opinion Testimony of Courtney Brunette and Brunette Data Sets Regarding DHL's Alleged Damages, #506 Defendant's MOTION in Limine and Memorandum in Support (MIL #2 to Exclude Evidence of Other Resellers, Franchisees, and Lawsuits Involving Defendant), #513 Joint MOTION to Exclude Certain Evidence and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 2/11/2016 at 9:00 AM and 2/12/2016 at 9:00 AM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
January 29, 2016 Opinion or Order Filing 522 EXHIBITS filed by DHL Express USA re #519 Memorandum in Opposition to Motion,,. (Sjoblom, J.)
January 28, 2016 Opinion or Order Filing 521 MEMORANDUM in Opposition re #495 MOTION in Limine and Memorandum in Support No. 1 to Exclude Plaintiffs' Franchise Agreements filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A: Offering Circular Florida 1/18/2000, #2 Exhibit B: Franchise Agreement Savannah 8/3/2006, #3 Exhibit C: Excerpts of the Deposition of Julie Fisher 10/13/2010, #4 Exhibit D: Excerpts of the Deposition of Kevin L. Fisher 8/30/2011, #5 Exhibit E: Excerpts of the Deposition of Daniel R. Reese 5/24/2011, #6 Exhibit F: Excerpts of the Deposition of Eric M. Smith 5/24/2011, #7 Exhibit G: Excerpts of the Deposition of Kevin J. Lathrop 12/13/2011, #8 Exhibit H: Schedule 2 to Hoffmans Expert Report of 5/20/2011, #9 Exhibit I: Email string Kevin Fisher 2009, #10 Exhibit J: Email string Kevin Fisher 2008, #11 Exhibit K: Excerpts of the Deposition of Daniel Reese 10/14/2010)(Sjoblom, J.)
January 28, 2016 Opinion or Order Filing 520 MEMORANDUM in Opposition re #500 MOTION in Limine and Memorandum in Support No. 6 to Exclude Opinion Testimony of Courtney Brunette and Brunette Data Sets Regarding DHL's Alleged Damages filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A: Petition for Damages, Louisiana, #2 Exhibit B:DHLs Rule 26(a)(1) Initial Disclosures, #3 Exhibit C:DHLs Supplemental Rule 26(a)(1) Disclosures, #4 Exhibit D:DHLs Third Supplemental Rule 26(a)(1) Disclosures, #5 Exhibit E:DHLs Fourth Supplemental Rule 26(a)(1) Disclosures, #6 Exhibit F:August 12, 2011 letter from Amy Rudd to Patrick McGoey, #7 Exhibit G:Excerpts from the deposition taken on September 27, 2011 of James Berkley Clare, #8 Exhibit H:Excerpts from the deposition taken on October 8, 2010 of Syndie Miller, #9 Exhibit I:Excerpts from the deposition taken on August 26, 2011 of Courtney Brunette, #10 Exhibit J:Excerpts from the deposition taken on June 9, 2011 of Hank Gibson, #11 Exhibit K:Excerpts from the deposition taken on October 27, 2010 of Jacqueline Benavidez, #12 Exhibit L:Excerpts from the deposition taken on September 29, 2011 of Dr. Greg Hallman)(Sjoblom, J.)
January 28, 2016 Opinion or Order Filing 519 MEMORANDUM in Opposition re #499 MOTION in Limine and Memorandum in Support No. 5 to Exclude Testimony and Evidence from DHL's Untimely-Disclosed Witnesses filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A-2010.04.06 DHL's Initial Rule 26 Disclosures, #2 Exhibit B-2011.08.19 DHL's Supplemental Rule 26 Disclosures, #3 Exhibit C-2011.09.21 DHL's 3rd Supp Rule 26 Disclosures, #4 Exhibit D-2011.11.18 DHL's 4th Supp Rule 26 Disclosures)(Sjoblom, J.)
January 28, 2016 Opinion or Order Filing 518 EXHIBITS filed by DHL Express USA re #516 Memorandum in Opposition to Motion,,,,,,,,. (Attachments: #1 Exhibit W: Lake Country Logistics 2012 Tax Return, #2 Exhibit X: AEA Services 2008 Tax Return, #3 Exhibit Y: AEA Services 2011 Tax Return, #4 Exhibit Exhibit Z: April 5, 2010 Hoffman Expert Witness Report, #5 Exhibit AA: Deposition of Richard S. Hoffman dated April 10, 2014)(Sjoblom, J.)
January 28, 2016 Opinion or Order Filing 517 EXHIBITS filed by DHL Express USA re #516 Memorandum in Opposition to Motion,,,,,,,,. (Attachments: #1 Exhibit S: Gulf Coast Shippers 2011 Tax Return, #2 Exhibit T: Gulf Coast Shippers 2014 Tax Return, #3 Exhibit U: Kasel 2011 Tax Return, #4 Exhibit V: Kasel 2014 Tax Return)(Sjoblom, J.)
January 28, 2016 Opinion or Order Filing 516 MEMORANDUM in Opposition re #496 MOTION in Limine and Memorandum in Support No. 2 to Exclude Their 2010-2014 Financial Documents (with Exhibits A-R) filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A: DHL Express (USA), Inc.s First Set of Interrogatories to AEA Services, Inc., #2 Exhibit B: DHL Express (USA), Inc.s First Set of Requests for Production of Documents to Gulf Coast Shippers Limited Partnership, #3 Exhibit C: AEA Services, Inc.s Objections and Responses to DHL Express (USA), Inc.s First Set of Interrogatories, #4 Exhibit D: Gulf Coast Shippers Limited Partnerships Objections and Responses to DHL Express (USA), Inc.s First Set of Requests for Production of Documents, #5 Exhibit E: DHL Express (USA), Inc.s Second Set of Interrogatories to Kasel Enterprises, Inc., #6 Exhibit F: DHL Express (USA), Inc.s Second Set of Requests for Production of Documents to Lake Country Logistics, L.L.C., #7 Exhibit G: DHL Express (USA), Inc.s Third Set of Requests for Production of Documents to Gulf Coast Shippers Limited Partnership, #8 Exhibit H: Kasel Enterprises, Inc.s Responses to Defendant DHL Express (USA), Inc.s Second Set of Interrogatories, #9 Exhibit I: Lake Country Logistics, L.L.C.s Responses to DHL Express (USA), Inc.s Second Set of Requests for Production of Documents, #10 Exhibit J: Gulf Coast Shippers Limited Partnerships Responses to DHL Express (USA), Inc.s Third Set of Requests for Production of Documents, #11 Exhibit K: Deposition of Carl Loge dated October 5, 2010, #12 Exhibit L: Deposition of Eric Smith dated October 6, 2010, #13 Exhibit M: Deposition of Julie Fisher dated October 13, 2010, #14 Exhibit N: Deposition of Daniel Reese dated October 14, 2010, #15 Exhibit O: Unishippers Trial Transcript, #16 Exhibit P: December 20, 2013 Hoffman Expert Report, #17 Exhibit Q: Letter from P. McGoey to A. Rudd & C. Ruhland dated December 7, 2015, #18 Exhibit R: Gulf Coast Shippers 2008 Tax Return)(Sjoblom, J.)
January 28, 2016 Opinion or Order Filing 515 MEMORANDUM in Opposition re #502 MOTION in Limine and Memorandum in Support No. 8 to Exclude Evidence and Testimony Regarding Plaintiffs' Third Party Beneficiary Status filed by Defendant DHL Express USA. (Sjoblom, J.)
January 28, 2016 Opinion or Order Filing 514 MEMORANDUM in Opposition re #498 MOTION in Limine and Memorandum in Support No. 4 to Exclude Evidence or Argument that Unishippers Waived Plaintiffs' Claims filed by Defendant DHL Express USA. (Sjoblom, J.)
January 28, 2016 Opinion or Order Case no longer referred to Magistrate Judge Paul M. Warner, per Judge Robert J. Shelby's chambers. (mjm)
January 27, 2016 Opinion or Order Filing 513 Joint MOTION to Exclude Certain Evidence and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
January 22, 2016 Opinion or Order Filing 512 Plaintiff's MEMORANDUM in Opposition re #511 Defendant's MOTION to Strike #503 Memorandum in Opposition to Motion, and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
January 21, 2016 Opinion or Order Filing 511 Defendant's MOTION to Strike #503 Memorandum in Opposition to Motion, and Memorandum in Support filed by Defendant DHL Express USA, DPWN Holdings. Motions referred to Paul M. Warner.(Sjoblom, J.) Modified filers on 1/21/2016 (jds).
January 19, 2016 Opinion or Order Filing 510 Defendant's MOTION in Limine and Memorandum in Support (MIL #6 Re: "Project Locust") filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Excerpts of 30(b)(6) Deposition of Hank Gibson (June 9, 2011))(Sjoblom, J.)
January 19, 2016 Opinion or Order Filing 509 Defendant's MOTION in Limine and Memorandum in Support (MIL #5 to Exclude Expert Testimony of Richard S. Hoffman Regarding Overcharge Damages filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Expert Witness Report of Richard S. Hoffman 5/20/2011, #2 Exhibit B - Excerpts from the Deposition of Richard S. Hoffman 4/10/2014, #3 Exhibit C - Excerpts of the trial transcripts in Unishippers Global Logistics v. DHL Express, Case No. 2:08CV894, #4 Exhibit D - Schedule 14 to Hoffmans Expert Report of 5/20/2011, #5 Exhibit E - Schedule 13 to Hoffmans Expert Report of 5/20/11, #6 Exhibit F -Supplemental Expert Witness Report of Richard S. Hoffman dated 12/20/2013, #7 Exhibit G - Excerpts of the Deposition of Richard S. Hoffman 9/20/2011, #8 Exhibit H - Excerpts of the Deposition of Carl Loge taken October 5, 2010)(Sjoblom, J.)
January 19, 2016 Opinion or Order Filing 508 Defendant's MOTION in Limine and Memorandum in Support (MIL #4 to Exclude Expert Testimony of Richard S. Hoffman Regarding "Diminution in Value" Damages) filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Expert Witness Report of Richard S. Hoffman 5/20/2011, #2 Exhibit B - Schedule 2 to Hoffman Expert Report 5/20/2011, #3 Exhibit C - Excerpts of the Deposition of Richard S. Hoffman 9/20/2011, #4 Exhibit D - Hearing Transcript of July 8, 2013, #5 Exhibit E - Supplemental Expert Witness Report of Richard S. Hoffman dated 12/20/2013, #6 Exhibit F - Schedule 2 to Hoffmans Supplemental Report of 12/20/2013, #7 Exhibit G - Schedule 2.1 to Hoffmans Supplemental Report of 12/20/2013, #8 Exhibit H - Expert Report and Disclosure of Gil A. Miller 02/13/2014, #9 Exhibit I - Excerpts of the Deposition of Julie Fisher 10/13/2010, #10 Exhibit J - PL-00000931-AEA, #11 Exhibit K - Excerpts of the Deposition of Kevin Lathrop in Unishippers v. DHL 03/03/2010, #12 Exhibit L - Excerpt of the Deposition of Daniel Lockwood in Unishippers v. DHL 3/2/2010, #13 Exhibit M - Excerpts from the Deposition of Richard S. Hoffman 4/10/2014)(Sjoblom, J.)
January 19, 2016 Opinion or Order Filing 507 Defendant's MOTION in Limine and Memorandum in Support (MIL #3 to Exclude Evidence of Harm Allegedly Suffered By Individual Shareholders, Partners, or Members of Plaintiff Entities) filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Excerpts from Julie Fisher Unishippers Trial Testimony, #2 Exhibit B - Excerpts of Hoffman Deposition Testimony April 10, 2014)(Sjoblom, J.)
January 19, 2016 Opinion or Order Filing 506 Defendant's MOTION in Limine and Memorandum in Support (MIL #2 to Exclude Evidence of Other Resellers, Franchisees, and Lawsuits Involving Defendant) filed by Defendant DHL Express USA. (Sjoblom, J.)
January 19, 2016 Opinion or Order Filing 505 Defendant's MOTION in Limine and Memorandum in Support (MIL #1 to Exclude Hank Gibson's December 18, 2007 Email) filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - December 18, 2007 Email from Hank Gibson, #2 Exhibit B - Excerpts of Hank Gibson's June 9, 2011 Deposition)(Sjoblom, J.)
January 19, 2016 Opinion or Order Filing 504 Supplemental MEMORANDUM in Support re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Defendant DHL Express USA, DPWN Holdings. (Sjoblom, J.) Modified filers on 1/21/2016 (jds).
January 19, 2016 Opinion or Order Filing 503 Supplemental MEMORANDUM in Opposition re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(McGoey, Patrick)
January 18, 2016 Opinion or Order Filing 502 MOTION in Limine and Memorandum in Support No. 8 to Exclude Evidence and Testimony Regarding Plaintiffs' Third Party Beneficiary Status filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1)(McGoey, Patrick)
January 18, 2016 Opinion or Order Filing 501 MOTION in Limine and Memorandum in Support No. 7 to Exclude DHL's Former Expert's SAS Code Evidence filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McGoey, Patrick)
January 18, 2016 Opinion or Order Filing 500 MOTION in Limine and Memorandum in Support No. 6 to Exclude Opinion Testimony of Courtney Brunette and Brunette Data Sets Regarding DHL's Alleged Damages filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (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, #11 Exhibit 11)(McGoey, Patrick)
January 18, 2016 Opinion or Order Filing 499 MOTION in Limine and Memorandum in Support No. 5 to Exclude Testimony and Evidence from DHL's Untimely-Disclosed Witnesses filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McGoey, Patrick)
January 18, 2016 Opinion or Order Filing 498 MOTION in Limine and Memorandum in Support No. 4 to Exclude Evidence or Argument that Unishippers Waived Plaintiffs' Claims filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1)(McGoey, Patrick)
January 18, 2016 Opinion or Order Filing 497 MOTION in Limine and Memorandum in Support No. 3 to Exclude Evidence of Allegations of Sexual Harassment filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(McGoey, Patrick)
January 18, 2016 Opinion or Order Filing 496 MOTION in Limine and Memorandum in Support No. 2 to Exclude Their 2010-2014 Financial Documents filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
January 18, 2016 Opinion or Order Filing 495 MOTION in Limine and Memorandum in Support No. 1 to Exclude Plaintiffs' Franchise Agreements filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(McGoey, Patrick)
January 12, 2016 Opinion or Order Filing 494 ANSWER to #397 Counterclaim filed by All Plaintiffs Except Dandrea & KMD.(McGoey, Patrick)
January 11, 2016 Opinion or Order Filing 492 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING held on JANUARY 5, 2016 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 2/1/2016. Redacted Transcript Deadline set for 2/11/2016. Release of Transcript Restriction set for 4/11/2016. (jds) Modified on 4/13/2016 by removing restricted text (las).
January 7, 2016 Opinion or Order Filing 491 Modification of Docket: Error: Wrong party entered as filer of motion to reconsider. Correction: Modified on 1/7/2016 - Correction made to reflect the proper parties filing, re: docket entry #467 . Mary Jane McNamee, Case Administrator. (mjm)
January 5, 2016 Opinion or Order Filing 490 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 1/5/2016, re: #467 MOTION Reconsideration of Specified Court Orders, re: #370 , #294 and #449 filed by DHL Express USA. The court hears oral argument and DENIES Defendant's Motion for Reconsideration of Specified Court Orders re #370 , #294 and #449 , filed by DHL Express USA. The court takes under advisement, docket entry #402 Defendant's MOTION for Partial Summary Judgment, re: Plaintiff's Contract Claims, Counts II, III and IV filed by Defendant DHL Express USA. Cnsl may file supplemental briefs within 14 days of the date of this hearing. Supplemental briefs shall be no longer than 10 pages. Attorney for Plaintiff: Patrick McGoey, Sammi Anderson, Chad Derum, Attorney for Defendant: Amy Rudd, Christopher Ruhland, Blane Benard. Court Reporter: Ray Fenlon.(mjm) Modified on 1/7/2016 - Correction made to reflect the proper parties filing, re: docket entry #467 (mjm).
December 28, 2015 Opinion or Order Filing 489 NOTICE of Appearance by Sammi V. Anderson on behalf of 10YJ LLC, AEA Services, ALG Alabama, ALG Atlanta East, ALG Atlanta Metro, ALG Atlanta Southeast, AMR Group, Action Freight Systems, Advocate Logistics Group, Air Express Couriers, All Plaintiffs Except Dandrea & KMD, Aslan Enterprises, B&B Overnight, BD Logistics, BMJ Logistics, Bayer and Bayer, Boundless Logistics, Buehler Companies, CKR Management, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, Central Jersey Shipping Solutions, Jay Chamberlain, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dabar GP, Diamond Logistics, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Fellowshippers Inc, Freight Consultants Group, Gulf Coast Shippers Limited Partnership, HC Ware Company, Iowa Discount Shippers, J&D Logistics, JBC Logistics, JFS Logistics, JMK USA Enterprises, JMcLexpress, Jasper Enterprises, Stanley E. Jones, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Kentucky Express, Keyroc Logistics, LKO Enterprises, Lake Country Logistics, Landshire Development, Lexington Express, Michael C. Little, MDC Express, Manatee Management and Marketing, Mercari Inc, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mississippi Express, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, QSI Sales, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, Roberts Freight Consultants, Rock Solid Logistics, SR Logistics, San Jose Shippers, Sankey & Jensen, Ship4Less, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, Spirit Transport, Stackvest Properties, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Synergistics Management, Syracuse Shippers, TRB Group, Tennessee Express, Transource, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Westchester, Uni Com Logistics, United Shippers, United Shippers Association, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, Video Co, The, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship (Anderson, Sammi)
December 23, 2015 Opinion or Order Filing 488 SUBSTITUTION OF COUNSEL Chad R. Derum replacing M. David Eckersley as counsel on behalf of All Plaintiffs Except Dandrea & KMD. (Derum, Chad)
December 23, 2015 Opinion or Order Filing 487 NOTICE OF DEFICIENCY re #486 Notice (Other). The document was filed using the wrong event. A Substitution of Counsel was filed using the Notice (Other) filing event. The clerk requests the filer of the original document to refile the pleading using the 'Substitution of Counsel' event found under Other Documents. The new pleading will receive a new document number on the docket. (blh)
December 22, 2015 Opinion or Order Filing 486 NOTICE of Substitution of Counsel by All Plaintiffs Except Dandrea & KMD (McGoey, Patrick)
December 17, 2015 Opinion or Order Filing 485 AFFIDAVIT/DECLARATION of J. Andrew Sjoblom in Support re #467 MOTION Reconsideration of Specified Court Orders re #370 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment, Order on Motion for Leave to File, Memorandum Decision, Terminate Motions,,,,, #294 Order on Motion for Partial Su filed by Defendant DHL Express USA. (Attachments: #1 Exhibit M - National Account Agreement, #2 Exhibit N - Cameron Excerpts, #3 Exhibit O - Rosse Excerpts, #4 Exhibit P - Haug Deposition Excerpts)(Benard, Blaine)
December 17, 2015 Opinion or Order Filing 484 REPLY to Response to Motion re #467 MOTION Reconsideration of Specified Court Orders re #370 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment, Order on Motion for Leave to File, Memorandum Decision, Terminate Motions,,,,, #294 Order on Motion for Partial Su filed by Defendant DHL Express USA. (Benard, Blaine)
December 11, 2015 Opinion or Order Filing 483 AFFIDAVIT/DECLARATION of Amy Rudd in Support re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Rossi Excerpts, #2 Exhibit B - 2/4/14 Hearing Transcript excerpts, #3 Exhibit C - Unishippers Trial Transcript Excerpts, #4 Exhibit D - Lathrop Excerpts, #5 Exhibit E - Hoffman Excerpts)(Benard, Blaine)
December 11, 2015 Opinion or Order Filing 482 REPLY to Response to Motion re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Defendant DHL Express USA. (Benard, Blaine)
December 7, 2015 Opinion or Order Filing 481 EXHIBITS 4,5,6,7, and 8 filed by All Plaintiffs Except Dandrea & KMD re #451 MOTION for Reconsideration re #449 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Memorandum Decision. (Exhibits are a single DVD disc which cannot be uploaded to the CM/ECF system, the disc will be kept in permanent storage) Originally mailed to the court on 8/13/2015 but did not reach the docketing department to be entered. (Attachments: #1 Exhibit Correspondence)(jds)
December 4, 2015 Opinion or Order Filing 480 AMENDED NOTICE OF HEARING ON MOTION re: [402} Defendant's MOTION for Partial Summary Judgment, re: Plaintiff's Contract Claims, Counts II, III and IV filed by Defendant DHL Express USA AND #467 MOTION Reconsideration of Specified Court Orders, re: #370 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment, Order on Motion for Leave to File, Memorandum Decision, #294 Order on Motion for Partial Summary Judgment: (Notice generated by Mary Jane McNamee) Motion Hearing set for 1/5/2016 at 2:30 PM in Rm 7.300 before Judge Robert J. Shelby. Please Note: Both motions will be heard on 1/5/2016 at 2:30 p.m. (mjm)
December 4, 2015 Opinion or Order Filing 479 NOTICE OF HEARING ON MOTION re: #467 MOTION Reconsideration of Specified Court Orders, re: #370 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment, Order on Motion for Leave to File, Memorandum Decision, #294 Order on Motion for Partial Summary Judgment: (Notice generated by Mary Jane McNamee) Motion Hearing set for 1/5/2016 at 2:30 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
November 30, 2015 Opinion or Order Filing 478 Plaintiff's MEMORANDUM in Opposition re #467 MOTION Reconsideration of Specified Court Orders re #370 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment, Order on Motion for Leave to File, Memorandum Decision, Terminate Motions,,,,, #294 Order on Motion for Partial Su mmary Judgment, Memo Decision #449 Order on Motion for Summary Judgment (Third Party Beneficiary Status) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A: November 5, 2015 Hearing Transcript, #2 Exhibit B: National Account Agreement, #3 Exhibit C: Gerald Cameron Deposition Excerpts, #4 Exhibit D: Alexander Rossi Deposition Excerpts, #5 Exhibit E: Nancy Haug Deposition Excerpts, #6 Exhibit F: 2008 Reseller Agreement)(McGoey, Patrick)
November 25, 2015 Opinion or Order Filing 477 EXHIBITS 4-A, 4-B, 4-C, 4-D, & 4-E filed by All Plaintiffs Except Dandrea & KMD re #475 Memorandum in Opposition to Motion. (Exhibit is a DVD on a single disc that cannot be uploaded to the CM/ECF system, the disc will be kept in permanent storage) (jds)
November 24, 2015 Opinion or Order Filing 476 NOTICE OF CONVENTIONAL FILING of DVD with Exhibits filed by Plaintiffs AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics re #475 Memorandum in Opposition to Motion,,, (McGoey, Patrick)
November 24, 2015 Opinion or Order Filing 475 MEMORANDUM in Opposition re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Plaintiffs AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics. (Attachments: #1 Exhibit Exh. 1 Excerpts of Cameron Deposition, #2 Exhibit Exh. 2 Excerpts of Rossi Deposition, #3 Exhibit Exh. 3 Curtis Declaration with 3-A, #4 Exhibit Exh. 4 Lathrop Declaration with 4-C(1), #5 Exhibit Exh. 4-A Filed Conventionally on DVD, #6 Exhibit Exh. 4-B Filed Conventionally on DVD, #7 Exhibit Exh. 4-C Filed Conventionally on DVD, #8 Exhibit Exh. 4-D Filed Conventionally on DVD, #9 Exhibit Exh. 4-E Filed Conventionally on DVD, #10 Exhibit Exh. 5 Hoffman Declaration with 5-A and 5-B)(McGoey, Patrick)
November 17, 2015 Opinion or Order Filing 474 Motions No Longer Referred: #467 MOTION for Reconsideration of Specified Court Orders. (srs)
November 13, 2015 Opinion or Order Filing 472 EXHIBITS filed by DHL Express USA re #468 Affidavit/Declaration in Support of Motion,,. (Attachments: #1 Exhibit L - Reseller Agreement - Part 2)(Sjoblom, J.)
November 13, 2015 Opinion or Order Filing 471 EXHIBITS filed by DHL Express USA re #468 Affidavit/Declaration in Support of Motion,,. (Attachments: #1 Exhibit I - Order, #2 Exhibit J - Summary Judgment Decision, #3 Exhibit K - Avail Trial Transcript Excerpt, #4 Exhibit L - Reseller Agreement - Part 1)(Sjoblom, J.)
November 13, 2015 Opinion or Order Filing 470 EXHIBITS filed by DHL Express USA re #468 Affidavit/Declaration in Support of Motion,,. (Attachments: #1 Exhibit H - Decision)(Sjoblom, J.)
November 13, 2015 Opinion or Order Filing 469 EXHIBITS filed by DHL Express USA re #468 Affidavit/Declaration in Support of Motion,,. (Attachments: #1 Exhibit D - Rossi Deposition Excerpts, #2 Exhibit Haug Deposition Excerpts, #3 Exhibit F - Status Conference Transcript, #4 Exhibit G - Hearing Transcript)(Sjoblom, J.)
November 13, 2015 Opinion or Order Filing 468 AFFIDAVIT/DECLARATION of J. Andrew Sjoblom in Support re #467 MOTION Reconsideration of Specified Court Orders re #370 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment, Order on Motion for Leave to File, Memorandum Decision, Terminate Motions,,,,, #294 Order on Motion for Partial Su filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - National Account Agreement, #2 Exhibit B - Reseller Agreement, #3 Exhibit C - Gulf Coast Franchise Agreement)(Sjoblom, J.)
November 13, 2015 Opinion or Order Filing 467 MOTION Reconsideration of Specified Court Orders re #370 Order on Motion to Dismiss, Order on Motion for Partial Summary Judgment, Order on Motion for Leave to File, Memorandum Decision, Terminate Motions,,,,, #294 Order on Motion for Partial Summary Judgment, Memorandum Decision, #449 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, Memorandum Decision,,,, and Memorandum in Support filed by Defendant DHL Express USA. Motions referred to Paul M. Warner.(Sjoblom, J.)
November 12, 2015 Opinion or Order Filing 466 TRIAL ORDER with instructions to counsel: 10 Day Jury Trial set for 3/21/2016 at 09:00 AM in Rm 7.300 before Judge Robert J. Shelby. Final Pretrial Conference set for 2/25/2016 at 02:30 PM in Rm 7.300 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 11/12/2015. (jds)
November 6, 2015 Opinion or Order Filing 464 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PLAINTIFF'S OBJECTION TO THE MAGISTRATE'S RULING AND PLAINTIFF'S MOTION FOR RECONSIDERATION held on NOVEMBER 5, 2015 before Judge ROBERT J. SHELBY. Court Reporter/Transcriber RAYMOND P. FENLON, Telephone number (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. To redact additional information a Motion to Redact must be filed. 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 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. (jds) Modified on 2/4/2016 by removing restricted text (las).
November 6, 2015 Opinion or Order Filing 463 ORDER Following Hearing on November 5, 2015. For the reasons stated on the record in the hearing, the court OVERRULES Plaintiffs Objection. (Dkt. 444.) The court GRANTS Plaintiffs Motion for Reconsideration. (Dkt. 451.). Signed by Judge Robert J. Shelby on 11/6/2015. (jds)
November 5, 2015 Opinion or Order Filing 473 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 11/5/2015, re: #451 MOTION for Reconsideration re: #449 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Memorandum Decision filed by Lake Country Logistics, AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises. The court hears oral argument and rules as follows: For the reasons stated on the record, the court OVERRULES Plaintiffs Objection, docket entry #444 . The court GRANTS Plaintiffs Motion for Reconsideration, docket entry #451 . The court strikes the ruling contained in Part III-B-2 of its Memorandum Decision and Order of July 28, 2015, docket entry #449 . Plaintiffs are ordered to submit a new opposition to DHLs Motion for Summary Judgment, docket entry #402 , within twenty-days of this order. Plaintiffs filing is limited to addressing Defendants argument on the sufficiency of the evidence for damages. Id., p. 22. Plaintiffs are ordered to comply with the Order granting Defendants Motion to Compel within thirty days of this order, docket entry #443 . Attorney for Plaintiff: Patrick McGoey, Attorney for Defendant: Blaine Benard, Amy Rudd, Christopher Ruhland. Court Reporter: Ray Fenlon.(mjm)
October 15, 2015 Opinion or Order Filing 462 NOTICE OF HEARING ON MOTION re: #451 MOTION for Reconsideration re: #449 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Memorandum Decision, AND #444 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by All Plaintiffs Except Dandrea & KMD re 443 Order on Motion to Compel, Memorandum Decision : (Notice generated by Mary Jane McNamee) Motion Hearing set for 11/5/2015 at 2:30 PM in Rm 7.300 before Judge Robert J. Shelby. Please Note: Hearing date of 11/5/2015 will include additional docket entry (mjm)
September 28, 2015 Opinion or Order Filing 461 REPLY to Response to Motion re #451 MOTION for Reconsideration re #449 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, Memorandum Decision,,,, and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
September 17, 2015 Opinion or Order Filing 460 AMENDED NOTICE OF HEARING ON MOTION re: #451 MOTION for Reconsideration, re #449 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, Memorandum Decision : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 11/5/2015 at 2:30 PM in Rm 7.300 before Judge Robert J. Shelby. Please Note: Hearing date has been reset to 11/5/2015 (mjm)
September 15, 2015 Opinion or Order Filing 459 NOTICE OF HEARING ON MOTION re: #451 MOTION for Reconsideration of docket entry #449 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment and Memorandum Decision : (Notice generated by Mary Jane McNamee) Motion Hearing set for 10/13/2015 at 3:00 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
September 14, 2015 Opinion or Order Filing 458 MEMORANDUM in Opposition re #451 MOTION for Reconsideration re #449 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, Memorandum Decision,,,, and Memorandum in Support filed by Defendant DHL Express USA. (Benard, Blaine)
August 31, 2015 Opinion or Order Filing 457 RESPONSE to #443 MEMORANDUM DECISION AND ORDER granting #437 Motion to Compel. re #444 Objection to Magistrate Judge Decision filed by Defendant DHL Express USA. (Sjoblom, J.) Modified on docket entry relationships 9/1/2015 (jds).
August 17, 2015 Opinion or Order Filing 456 Minute Order. Proceedings held before Judge Robert J. Shelby: Status Conference held on 8/17/2015. The court hears from cnsl. The court grants Defendants leave to respond to Plaintiffs Objection to the decision of the Magistrate Judge, docket entry #444 in 2:09-cv-00221-RJS-PMW. Response is to be filed by 8/31/2015. A 10 Day Jury Trial is set for 3/21/2016 at 9:00 AM in Rm. 7.300 before Judge Robert J. Shelby. The Final Pretrial Conference is set for 2/25/2016 at 2:30 PM in Rm. 7.300 before Judge Robert J. Shelby. Any motions in limine are to be filed no later than 1/18/2016. Non-moving parties will have ten days to file responses to motions in limine, and moving parties will have seven days to file replies. Hearings on any motions in limine are set for 2/11/2016 at 9:00 AM and 2/12/2016 at 9:00AM in Rm. 7.300 before Judge Robert J. Shelby. Hearing will be set for Plaintiffs Motion for Reconsideration, docket entry #451 in 2:09-cv-00221-RJS-PMW, after Defendants Opposition is received. To the extent that any part of this order conflicts with the Scheduling Order, docket entry #377 in 2:09-cv-00221-RJS-PMW or the courts forthcoming Trial Order, the deadlines in this Minute Order supersede and control. Written Order to follow oral order: No. Attorney for Plaintiff: Patrick McGoey; Attorney for Defendant George Haley, Christopher Ruhland, Andrew Wong. Court Reporter: Ray Fenlon.(mjm)
August 14, 2015 Opinion or Order Filing 455 ORDER granting #454 Motion for Extension of Time to File Response/Reply re #451 MOTION for Reconsideration re #449 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Memorandum Decision and Memorandum in Support . Responses due by 9/14/2015. Signed by Magistrate Judge Paul M. Warner on 8/14/2015. (las)
August 14, 2015 Opinion or Order Filing 454 MOTION for Extension of Time to File Response/Reply as to #451 MOTION for Reconsideration re #449 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, Memorandum Decision,,,, and Memorandum in Support filed by Defendant DHL Express USA. Motions referred to Paul M. Warner.(Benard, Blaine)
August 13, 2015 Opinion or Order Filing 453 Motions No Longer Referred: #451 MOTION for Reconsideration re #449 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Memorandum Decision and Memorandum in Support . (srs)
August 12, 2015 Opinion or Order Filing 452 NOTICE OF CONVENTIONAL FILING of DVD containing Exhibits 1-C(1), 1-D(1), 1-E, 1-F, and 1-H to [Rec. Doc. 451] Plaintiffs' Motion for Reconsideration filed by Plaintiffs AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics re #451 MOTION for Reconsideration re #449 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, Memorandum Decision,,,, and Memorandum in Support (McGoey, Patrick)
August 12, 2015 Opinion or Order Filing 451 MOTION for Reconsideration re #449 Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, Memorandum Decision,,,, and Memorandum in Support filed by Plaintiffs AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics. (Attachments: #1 Exhibit 1: Declaration of Patrick McGoey, #2 Exhibit 1-A: Richard Hoffman Expert Report, dated May 20, 2011, #3 Exhibit 1-B: Richard Hoffman Supplemental Expert Report, dated December 20, 2013, #4 Exhibit 1-C: July 7, 2011 Enclosure letter to DHL's Counsel, #5 Exhibit 1-D: September 12, 2011 Enclosure letter to DHL's Counsel, #6 Exhibit 1-E(1): Unishippers Rate Sheet 2004, #7 Exhibit 1-G: Stipulation to Admission of Exhibits, #8 Exhibit 1-H(1): USS Rate Sheet 2004, #9 Exhibit 1-I: PowerPoint, #10 Exhibit 1-J: July 8, 2013 Hearing Transcript, #11 Exhibit 2: Declaration of Joseph M. Curtis, #12 Exhibit 2-A: Powerpoint "The New DHL") Motions referred to Paul M. Warner.(McGoey, Patrick)
August 10, 2015 Opinion or Order Filing 450 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Conference set for 8/17/2015 at 2:00 PM in Rm 7.300 before Judge Robert J. Shelby. (mjm)
July 28, 2015 Opinion or Order Filing 449 MEMORANDUM DECISION AND ORDER-granting in part and denying in part #399 Motion for Summary Judgment ; granting in part and denying in part #400 Motion for Summary Judgment ; granting in part and denying in part #402 Motion for Partial Summary Judgment. See Order for Details. Signed by Judge Robert J. Shelby on 7/28/2015. (las)
May 12, 2015 Opinion or Order Filing 448 DOCKET TEXT ORDER denying #445 Motion to Intervene For the reasons stated in Defendant DHL Express USA's opposition to the motion to intervene, the motion is hereby DENIED. Signed by Magistrate Judge Paul M. Warner on 05/12/2015. No attached document. (dla)
April 7, 2015 Opinion or Order Filing 447 AFFIDAVIT/DECLARATION of J. Andrew Sjoblom in Opposition re #445 MOTION to Intervene filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Pennsylvania Inmate Locator, #2 Exhibit B - Order Denying Motion to Intervene, #3 Exhibit C - Complaint - Riches v. Bush, #4 Exhibit D - Beau Hodai In These Times, #5 Exhibit E - Riches v. The Guinnes Book of Records, #6 Exhibit F - Law Offices of Jimmy James Thule)(Sjoblom, J.)
April 7, 2015 Opinion or Order Filing 446 MEMORANDUM in Opposition re #445 MOTION to Intervene filed by Defendant DHL Express USA. (Sjoblom, J.)
March 24, 2015 Opinion or Order Filing 445 MOTION to Intervene filed by Movants Amber Lambert, Jonathan Rich, Jimmy Thulmes. Motions referred to Paul M. Warner.(kpf)
January 20, 2015 Opinion or Order Filing 444 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by All Plaintiffs Except Dandrea & KMD re #443 Order on Motion to Compel, Memorandum Decision (McGoey, Patrick)
January 7, 2015 Opinion or Order Filing 443 MEMORANDUM DECISION AND ORDER granting #437 Motion to Compel. Signed by Magistrate Judge Paul M. Warner on 1/7/2015. (las)
October 9, 2014 Opinion or Order Filing 442 REQUEST to Submit for Decision re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV, #399 MOTION for Summary Judgment and Memorandum in Support on DHL's Second, Third, and Fourth Counterclaims, #400 MOTION for Summary Judgment and Memorandum in Support on Issue Preclusion filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
September 4, 2014 Opinion or Order Filing 441 REPLY to Response to Motion re #437 MOTION to Compel "the four Phase One Plaintiffs to produce updated financial information, including tax returns, annual profit/loss statements, and monthly income statements" and Memorandum in Support filed by Defendant DHL Express USA. (Benard, Blaine)
August 21, 2014 Opinion or Order Filing 440 AFFIDAVIT/DECLARATION of Patrick S. McGoey in Opposition re #437 MOTION to Compel "the four Phase One Plaintiffs to produce updated financial information, including tax returns, annual profit/loss statements, and monthly income statements" and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1: Hoffman Expert Report dated May 20, 2011, #2 Exhibit 2: Maria Marks Letter to Blaine Bernard dated April 12, 2011, #3 Exhibit 3: Patrick McGoey Letter to Amy Rudd dated January 22, 2014, #4 Exhibit 4: Hoffman Expert Report dated December 20, 2013, #5 Exhibit 5: Miller Expert Report dated February 13, 2014, #6 Exhibit 6: Excerpts from the deposition transcript of Richard S. Hoffman dated April 10, 2014, #7 Exhibit 7: Excerpts from the deposition transcript of Gil A. Miller dated April 11, 2014)(McGoey, Patrick)
August 21, 2014 Opinion or Order Filing 439 Plaintiff's MEMORANDUM in Opposition re #437 MOTION to Compel "the four Phase One Plaintiffs to produce updated financial information, including tax returns, annual profit/loss statements, and monthly income statements" and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
August 7, 2014 Opinion or Order Filing 438 AFFIDAVIT/DECLARATION of Amy L. Rudd in Support re #437 MOTION to Compel "the four Phase One Plaintiffs to produce updated financial information, including tax returns, annual profit/loss statements, and monthly income statements" and Memorandum in Support filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A July 8, 2013 Transcript of Proceedings, #2 Exhibit B Appendix A to the Expert Witness Report submitted by Richard S. Hoffman dated May 20, 2011, #3 Exhibit C Expert Witness Report and accompanying Schedules 1 and 2.1 submitted by Richard S. Hoffman dated December 20, 2013, #4 Exhibit D Expert Report and Disclosure of Gil A. Miller dated February 13, 2014, #5 Exhibit E Letter dated January 17, 2014 from Amy Rudd to Patrick McGoey, #6 Exhibit F Letter dated January 22, 2014 from Patrick S. McGoey to Amy L. Rudd, #7 Exhibit G Letter dated January 30, 2014 from Amy Rudd to Patrick McGoey, #8 Exhibit H Exchange of e-mails dated February 10, 2014 between Amy Rudd and Patrick McGoey, #9 Exhibit I Exchange of e-mails dated March 27-28, 2014 between Amy Rudd and Patrick McGoey, #10 Exhibit J Excerpts from the deposition transcript of Richard S. Hoffman dated April 10, 2014, #11 Exhibit K Excerpts of the deposition transcript of Gil A. Miller dated April 11, 2014, #12 Exhibit L 2011-08-12 DHL's Third Set of Requests for Documents to AEA Services, #13 Exhibit M 2011-08-12 DHL's Third Set of Requests for Documents to Gulf Coast, #14 Exhibit N DHL Express (USA), Inc.s Third Set of Requests for Production of Documents to Lake Country Logistics, LLC dated August 12, 2011, #15 Exhibit O DHL Express (USA), Inc.s Third Set of Requests for Production of Documents to Kasel Enterprises, LLC dated August 12, 2011, #16 Exhibit P AEA Services, Inc.s Response to DHLs Third Set of Requests for Production of Documents to AEA Services, Inc. dated September 12, 2011, #17 Exhibit Q 2011-09-12 Gulf Coast's Responses to DHL's Third Request for Production of Documents, #18 Exhibit R 2011-09-12 Lake Country's Responses to DHL's Third Request for Production of Documents, #19 Exhibit S 2011-09-12 Kasel's Responses to DHL's Third Request for Production of Documents)(Benard, Blaine)
August 7, 2014 Opinion or Order Filing 437 MOTION to Compel "the four Phase One Plaintiffs to produce updated financial information, including tax returns, annual profit/loss statements, and monthly income statements" and Memorandum in Support filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
May 15, 2014 Opinion or Order Filing 436 Plaintiff's RESPONSE re #435 Notice of Supplemental Authority,, filed by All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
May 12, 2014 Opinion or Order Filing 435 NOTICE of SUPPLEMENTAL AUTHORITY by DHL Express USA re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV (Attachments: #1 Exhibit A - Northwest Decision) (Maxfield, Eric)
February 13, 2014 Opinion or Order Filing 433 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Cross-Motions for Summary Judgment held on February 4, 2014 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number (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 3/6/2014. Redacted Transcript Deadline set for 3/17/2014. Release of Transcript Restriction set for 5/14/2014. (jmr) Modified by removing restricted text on 5/14/2014 (rks).
February 4, 2014 Opinion or Order Filing 432 Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 2/4/2014 re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by DHL Express USA, #399 MOTION for Summary Judgment and Memorandum in Support on DHL's Second, Third, and Fourth Counterclaims filed by All Plaintiffs Except Dandrea & KMD, #400 MOTION for Summary Judgment and Memorandum in Support on Issue Preclusion filed by All Plaintiffs Except Dandrea & KMD. The court hears oral argument and takes the matters under advisement. Attorney for Plaintiff: David Eckersley, Patrick McGoey, Attorney for Defendant: George Haley, Amy Rudd, Christopher Ruhland, Andrew Wong. Court Reporter: Ray Fenlon. (mjm)
December 5, 2013 Opinion or Order Filing 431 Amended ORDER granting #429 Motion for Scheduling Order Discovery due by 3/28/2014. Signed by Magistrate Judge Paul M. Warner on 12/05/2013. (tls)
December 4, 2013 Opinion or Order Filing 430 NOTICE OF FILING of Amended Proposed Order re #429 Stipulated MOTION for Scheduling Order (Amended) for Expert Discovery filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order Amended Proposed Order re Amended Scheduling Order)(Ruhland, Christopher)
December 4, 2013 Opinion or Order Filing 429 Stipulated MOTION for Scheduling Order (Amended) for Expert Discovery filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order re Amended Scheduling Order for Expert Discovery) Motions referred to Paul M. Warner.(Ruhland, Christopher)
October 22, 2013 Opinion or Order Filing 428 MEMORANDUM DECISION and ORDER denying #398 Motion to deny DHL's request to replace its expert witness. Signed by Judge Robert J. Shelby on 10/22/2013. (tls)
September 30, 2013 Opinion or Order Filing 427 REPLY to Response to Motion re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Defendant DHL Express USA. (Benard, Blaine)
September 30, 2013 Opinion or Order Filing 426 AFFIDAVIT/DECLARATION of Amy L. Rudd in Support re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Defendant DHL Express USA. (Attachments: #1 Exhibit 12 - excerps from Hank Gibson Deposition of June 9, 2011, #2 Exhibit 13 - excerpts from AEA Services Deposition, #3 Exhibit 14 - excerpts from Gulf Coast Shippers Deposition, #4 Exhibit 15 - excerpts from Kasel Enterprises Deposition, #5 Exhibit 6 - excerpts from Lake Country Logistics Deposition, #6 Exhibit 17 - excerpts from Hank Gibson Deposition of August 31, 2011)(Benard, Blaine)
September 30, 2013 Opinion or Order Filing 425 RE-FILED AS #427 REPLY - REPLY to Response to Motion re #350 MOTION for Summary Judgment (regarding Counts II, III, and IV) filed by Defendant DHL Express USA. (Benard, Blaine) Modified on 10/2/2013: added re-filing info (alt)
September 30, 2013 Opinion or Order Filing 424 REPLY to Response to Motion re #400 MOTION for Summary Judgment and Memorandum in Support on Issue Preclusion filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
September 30, 2013 Opinion or Order Filing 423 REPLY to Response to Motion re #399 MOTION for Summary Judgment and Memorandum in Support on DHL's Second, Third, and Fourth Counterclaims filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
September 30, 2013 Opinion or Order Filing 422 REPLY to Response to Motion re #398 MOTION to Deny DHL Express (USA), Inc.'s Second Request to Replace Expert Witness and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Declaration of Patrick S. McGoey)(McGoey, Patrick)
September 25, 2013 Opinion or Order Filing 421 AMENDED NOTICE OF HEARING ON MOTION re: #400 MOTION for Summary Judgment and Memorandum in Support on Issue Preclusion, #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV, #399 MOTION for Summary Judgment and Memorandum in Support on DHL's Second, Third, and Fourth Counterclaims : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 2/4/2014 AT 2:30 PM in Room 220 before Judge Robert J. Shelby. (mjm)
September 11, 2013 Opinion or Order Filing 420 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Conference set for 9/24/2013 at 1:45 PM in Room 220 before Judge Robert J. Shelby. (mjm)
September 11, 2013 Opinion or Order Filing 419 AMENDED NOTICE OF HEARING ON MOTION re: #400 MOTION for Summary Judgment and Memorandum in Support on Issue Preclusion, #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV, #399 MOTION for Summary Judgment and Memorandum in Support on DHL's Second, Third, and Fourth Counterclaims : (Notice generated by Mary Jane McNamee) Motion Hearing RESET for 2/11/2014 AT 2:30 PM in Room 220 before Judge Robert J. Shelby. Please Note: Hearing date reset to 2/11/2014 at 2:30 p.m. (mjm)
September 11, 2013 Opinion or Order Filing 418 Motions No Longer Referred: #398 MOTION to Deny DHL Express (USA), Inc.'s Second Request to Replace Expert Witness and Memorandum in Support Judge Robert J. Shelby will decide the motion on the briefs.(mjm)
September 11, 2013 Opinion or Order Filing 417 NOTICE OF HEARING ON MOTION re: #400 MOTION for Summary Judgment and Memorandum in Support on Issue Preclusion, #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV, #399 MOTION for Summary Judgment and Memorandum in Support on DHL's Second, Third, and Fourth Counterclaims : (Notice generated by Mary Jane McNamee) Motion Hearing set for 12/10/2013 at 2:30 PM in Room 220 before Judge Robert J. Shelby. (mjm)
September 11, 2013 Opinion or Order NOTICE VACATING Status Conference HEARING set for 09/24/2013 at 1:45 p.m. before Judge Robert J. Shelby (Notice generated by Mary Jane McNamee) Status Conference set in error, on wrong case. Please disregard previous Notice of Hearing that set Status Conference for 09/24/2013. (mjm)
September 6, 2013 Opinion or Order Filing 416 AFFIDAVIT/DECLARATION of Amy L. Rudd in Opposition re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - 1/27/2009 email from Eric Smith to Andy Redick et al re Kasel update we currently are withholding payments in the 600K range due to the lawsuit, #2 Exhibit B - 12/13/2008 email from Eric Smith to Gabe Sankey lawsuit is why we have stopped paying DHL, #3 Exhibit C - Brunette Declaration filed 12/19/11, #4 Exhibit D - Lathrop Deposition pp. 108-109, #5 Exhibit E - Brunette Deposition 8/26/2011 p. 26-28, 39,63, #6 Exhibit F - AEAs supplemental responses to DHLs second interrogatories, #7 Exhibit G - Gulf Coast supplemental responses, #8 Exhibit H - Kasel supplemenetal responses, #9 Exhibit I - Lake Country Supplemental Responses, #10 Exhibit J - 12/13/2008 email from Smith to Mark Ware unpaid balances email, #11 Exhibit K - 10/29/2008 email from Thomas Westbrook, #12 Exhibit L - Franchise Agreement AEA AGF)(Benard, Blaine)
September 6, 2013 Opinion or Order Filing 415 MEMORANDUM in Opposition re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Defendant DHL Express USA. (Benard, Blaine)
September 6, 2013 Opinion or Order Filing 414 EXHIBITS filed by DHL Express USA re #413 Affidavit/Declaration in Opposition to Motion,,,. (Attachments: #1 Exhibit J - June 4, 2013 Unishippers Appeal Order and Decision, #2 Exhibit K - March 29, 2012 DHL's Opening Appeal Brief, #3 Exhibit L - Petition for Damages in Louisiana, #4 Exhibit M - Berk Clare Deposition pages, #5 Exhibit N - Syndie Miller deposition pages, #6 Exhibit O - Riverside Franchise Agreement Kasel, #7 Exhibit P - Dan Lockwood, #8 Exhibit Q - Trieste Palmer emails, #9 Exhibit R - Kevin Fisher deposition pages, #10 Exhibit S - December 9, 2008 Lockwood Email, #11 Exhibit T - Louisiana Dismissal)(Benard, Blaine)
September 6, 2013 Opinion or Order Filing 413 AFFIDAVIT/DECLARATION of Amy L. Rudd in Opposition re #400 MOTION for Summary Judgment and Memorandum in Support on Issue Preclusion (with Exhibits A - I) filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - National Account Agreements and Amendments, #2 Exhibit B - Unishippers Trial Transcript excerpts, #3 Exhibit C - Julie Fisher Depo pages, #4 Exhibit D - Reseller Agreement, #5 Exhibit E Transportation Services and Reseller Agreement, #6 Exhibit F - November 10, 2008 letter to Unishippers discontinuing service, #7 Exhibit G - Plaintiffs Supplemental Interrogatory Responses, #8 Exhibit H - September 24, 2010 Fris Declaration, #9 Exhibit I - September 24, 2010 Miller Declaration)(Benard, Blaine)
September 6, 2013 Opinion or Order Filing 412 MEMORANDUM in Opposition re #400 MOTION for Summary Judgment and Memorandum in Support on Issue Preclusion filed by Defendant DHL Express USA. (Benard, Blaine)
September 6, 2013 Opinion or Order Filing 411 MEMORANDUM in Opposition re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Plaintiffs AEA Services, Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics. (Attachments: #1 Exhibit A: Gerald Cameron 09/02/2011 Deposition Excerpts, #2 Exhibit B: Dan Lockwood 03/16/2010 Deposition Excerpts, #3 Exhibit C: Hank Gibson 06/09/2011 Deposition Excerpts and Depo Exhibit "1024", #4 Exhibit D: Hank Gibson 08/31/2011 Deposition Excerpts, #5 Exhibit E: Dan Lockwood 03/02/2010 Deposition Excerpts, #6 Exhibit F: Charles Brewer 06/02/2010 Trial Testimony Excerpts (Falcon Express v. DHL), #7 Exhibit G: Alexander Rossi 01/18/2012 Deposition Excerpts)(McGoey, Patrick)
September 6, 2013 Opinion or Order Filing 410 AFFIDAVIT/DECLARATION of Greg Hallman in Opposition re #398 MOTION to Deny DHL Express (USA), Inc.'s Second Request to Replace Expert Witness and Memorandum in Support filed by Defendant DHL Express USA. (Benard, Blaine)
September 6, 2013 Opinion or Order Filing 409 AFFIDAVIT/DECLARATION of Amy L. Rudd in Opposition re #398 MOTION to Deny DHL Express (USA), Inc.'s Second Request to Replace Expert Witness and Memorandum in Support filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Relevant Pages from Hallman Deposition, #2 Exhibit B - October 14, 2011 Hearing Transcript, #3 Exhibit C - April 5, 2010 Hoffman Expet Report in the Unishippers case, #4 Exhibit D - October 18, 2011 Hearing Transcript, #5 Exhibit E - July 8, 2013 Hearing Transcript, #6 Exhibit F - Declaration of Eric Smith, #7 Exhibit G - Gil Miller CV)(Benard, Blaine)
September 6, 2013 Opinion or Order Filing 408 MEMORANDUM in Opposition re #398 MOTION to Deny DHL Express (USA), Inc.'s Second Request to Replace Expert Witness and Memorandum in Support (Opposition To Plaintiffs Motion To Deny DHL Express (USA), Inc.s Request To Replace Expert Witness) filed by Defendant DHL Express USA. (Benard, Blaine)
August 27, 2013 Opinion or Order Filing 406 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on July 8, 2013 before Judge Robert J. Shelby. Court Reporter/Transcriber Raymond P. Fenlon, Telephone number (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 9/17/2013. Redacted Transcript Deadline set for 9/27/2013. Release of Transcript Restriction set for 11/25/2013. (jmr) Modified on 11/25/2013 by removing restricted text(las).
August 19, 2013 Opinion or Order Filing 405 ORDER granting #404 Motion Regarding Briefing Schedule. See Order for Details. Signed by Magistrate Judge Paul M. Warner on 08/19/2013. (tls)
August 12, 2013 Opinion or Order Filing 404 MOTION to Respond to (Unopposed Motion Regarding Briefing Schedule) filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
August 5, 2013 Opinion or Order Filing 403 AFFIDAVIT/DECLARATION of J. Andrew Sjoblom in Support re #402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Defendant DHL Express USA. (Attachments: #1 Exhibit 1 - Franchise Agreement, #2 Exhibit 2 - National Account Agreement, #3 Exhibit 3 - Reseller Agreement, #4 Exhibit 4 - Transportation Services Reseller Agreement, #5 Exhibit 5 - DHL Press Release, #6 Exhibit 6 - 11/10/2008 Ltr from DHL to Unishippers, #7 Exhibit 7 - Verified Complaint filed by Unishippers in Unishippers Global Logistics, LLC v. DHL, #8 Exhibit 8 - Second Amended Complaint, #9 Exhibit 9 - Special Verdict in Unishippers Lawsuit, #10 Exhibit 10 - Relevant Pages from Fisher Deposition, #11 Exhibit 11 - Relevant Pages from Reese Deposition)(Sjoblom, J.)
August 5, 2013 Opinion or Order Filing 402 Defendant's MOTION for Partial Summary Judgment and Memorandum in Support re Plaintiff's Contract Claims, Counts II, III and IV filed by Defendant DHL Express USA. (Sjoblom, J.)
August 5, 2013 Opinion or Order Filing 401 AFFIDAVIT/DECLARATION in Support re #400 MOTION for Summary Judgment and Memorandum in Support on Issue Preclusion filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1: National Account Agreement, #2 Exhibit 2: Reseller Agreement, #3 Exhibit 3: Fourth Supplemental and Amended Complaint, #4 Exhibit 4: Memorandum Decision and Order, filed Sept. 23, 2011, #5 Exhibit 5: Motion to Consolidate and Memorandum in Support, #6 Exhibit 6: Memorandum Decision and Order, filed May 2, 2011, #7 Exhibit 7: Jury Instructions, #8 Exhibit 8: Special Jury Verdict Form, #9 Exhibit 9: Judgment on Jury Verdict Form, #10 Exhibit 10: Trial Transcript, #11 Exhibit 11: DHL's Original Appeal Brief, #12 Exhibit 12: DHL's Reply Brief on Appeal, #13 Exhibit 13: Order and Judgment on Appeal, filed June 4, 2013)(McGoey, Patrick)
August 5, 2013 Opinion or Order Filing 400 MOTION for Summary Judgment and Memorandum in Support on Issue Preclusion filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
August 5, 2013 Opinion or Order Filing 399 MOTION for Summary Judgment and Memorandum in Support on DHL's Second, Third, and Fourth Counterclaims filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1: Declaration of Patrick S. McGoey in Support of Plaintiffs' Motion for Partial Summary Judgment with Exhibits 1A through 1C attached, #2 Exhibit 2: Declaration of Daniel Reese with Exhibits 2A through 2E attached, #3 Exhibit 3: Declaration of Julie Fisher with Exhibits 3A through 3C attached, #4 Exhibit 4: Declaration of Eric Smith with Exhibits 4A through 4C attached, #5 Exhibit 5: Declaration of Carl Loge with Exhibits 5A through 5C attached)(McGoey, Patrick)
August 5, 2013 Opinion or Order Filing 398 MOTION to Deny DHL Express (USA), Inc.'s Second Request to Replace Expert Witness and Memorandum in Support filed by Plaintiff All Plaintiffs Except Dandrea & KMD. Motions referred to Paul M. Warner.(McGoey, Patrick)
July 17, 2013 Opinion or Order Filing 397 Third COUNTERCLAIM against All Plaintiffs, filed by DHL Express USA. (Maxfield, Eric)
July 8, 2013 Opinion or Order Filing 396 Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 7/8/2013. The court discussed the status of the case given the recent Tenth Circuit decision in Unishippers v. DHL Express. In light of that ruling, the parties will rebrief and refile the motions for partial summary judgment and summary judgment at Dkt Nos. #346 , #348 , and #350 . The opening briefs on these issues must be submitted by 8/5/13. The court will later set a date for oral argument. Pls object to defs' request to substitute a new expert on the question of damages. Pls should submit an opening brief on this issue by 8/5/13. The court grants leave to defs to file an amended counterclaim by 7/17/13 making changes to a few calculations. Attorney for Plaintiff: Maria Marks and Patrick McGoey, appearing by telephone; Attorney for Defendant: George Haley, Eric Maxfield, Christopher Ruhland and Andrew Wong - appearing by telephone. Court Reporter: Ray Fenlon.(mjm)
June 26, 2013 Opinion or Order Filing 395 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Conference set for 7/8/2013 at 10:00 AM in Room 220 before Judge Robert J. Shelby. (mjm)
June 26, 2013 Opinion or Order Filing 394 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Conference set for 10/8/2013 at 10:00 AM in Room 220 before Judge Robert J. Shelby. (mjm)
June 14, 2013 Opinion or Order Filing 393 NOTICE of Tenth Circuit Opinion in Unishippers v DHL Express by DHL Express USA re #392 Order on Motion to Continue (Attachments: #1 Exhibit A - 10th Circuit Opinion) (Rudd, Amy)
February 22, 2013 Opinion or Order Filing 392 ORDER granting #391 Motion Continuing February 13, 2012 Scheduling Order Dates. Signed by Judge Robert J. Shelby on 02/22/2013. (tls)
February 21, 2013 Opinion or Order Filing 391 Stipulated MOTION to Continue February 13, 2012 Scheduling Order Dates and Regarding Stay filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order [Proposed Order]) Motions referred to Paul M. Warner.(Benard, Blaine)
January 18, 2013 Opinion or Order Filing 390 ORDER re #387 Objection to Magistrate Judge Decision to District Court filed by All Plaintiffs Except Dandrea & KMD. Signed by Judge Robert J. Shelby on 01/17/2013. (tls)
October 10, 2012 Opinion or Order Filing 389 DECLARATION of Andi Abramson re #387 Objection to Magistrate Judge Decision to District Court filed by All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McGoey, Patrick)
October 10, 2012 Opinion or Order Filing 388 DECLARATION of Patrick S. McGoey re #387 Objection to Magistrate Judge Decision to District Court filed by All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit E, #4 Exhibit F)(McGoey, Patrick)
October 10, 2012 Opinion or Order Filing 387 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by All Plaintiffs Except Dandrea & KMD re #385 Order on Motion for Protective Order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McGoey, Patrick)
October 9, 2012 Opinion or Order Filing 386 REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge Robert J. Shelby. Judge Dale A. Kimball no longer assigned to the case. Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Paul M. Warner under 28:636 (b)(1)(A) re 60 Order Referring Case to Magistrate Judge. Case number will now read 2:09-cv-00221-RJS-PMW. Please make changes to document captions accordingly. (rks)
September 27, 2012 Opinion or Order Filing 385 ORDER denying #375 Motion for Protective Order. Signed by Magistrate Judge Paul M. Warner on 9/26/12. (jlw)
March 12, 2012 Opinion or Order Filing 384 AFFIDAVIT/DECLARATION of Andi Abramson in Support re #375 Plaintiff's MOTION for Protective Order Delaying the Deposition of Charles Brewer and Clarifying the Scope of the Court's October 18, 2011 Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McGoey, Patrick)
March 12, 2012 Opinion or Order Filing 383 AFFIDAVIT/DECLARATION of Patrick S. McGoey in Support re #375 Plaintiff's MOTION for Protective Order Delaying the Deposition of Charles Brewer and Clarifying the Scope of the Court's October 18, 2011 Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit E, #4 Exhibit F)(McGoey, Patrick)
March 12, 2012 Opinion or Order Filing 382 REPLY to Response to Motion re #375 Plaintiff's MOTION for Protective Order Delaying the Deposition of Charles Brewer and Clarifying the Scope of the Court's October 18, 2011 Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
February 27, 2012 Opinion or Order Filing 381 AFFIDAVIT/DECLARATION of Amy L. Rudd in Opposition re #375 Plaintiff's MOTION for Protective Order Delaying the Deposition of Charles Brewer and Clarifying the Scope of the Court's October 18, 2011 Order filed by Defendant DHL Express USA. (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, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Benard, Blaine)
February 27, 2012 Opinion or Order Filing 380 AFFIDAVIT/DECLARATION of Christopher Ruhland in Opposition re #375 Plaintiff's MOTION for Protective Order Delaying the Deposition of Charles Brewer and Clarifying the Scope of the Court's October 18, 2011 Order filed by Defendant DHL Express USA. (Benard, Blaine)
February 27, 2012 Opinion or Order Filing 379 AFFIDAVIT/DECLARATION of George M. Haley in Opposition re #375 Plaintiff's MOTION for Protective Order Delaying the Deposition of Charles Brewer and Clarifying the Scope of the Court's October 18, 2011 Order filed by Defendant DHL Express USA. (Benard, Blaine)
February 27, 2012 Opinion or Order Filing 378 MEMORANDUM in Opposition re #375 Plaintiff's MOTION for Protective Order Delaying the Deposition of Charles Brewer and Clarifying the Scope of the Court's October 18, 2011 Order filed by Defendant DHL Express USA. (Benard, Blaine)
February 13, 2012 Opinion or Order Filing 377 3RD AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 5/28/2013 02:30 PM in Room 220 before Judge Dale A. Kimball. 12-Day Jury Trial set for 6/10/2013 08:30 AM in Room 220 before Judge Dale A. Kimball. Signed by Judge Dale A. Kimball on 2/9/12 (alt)
February 10, 2012 Opinion or Order Filing 376 Plaintiff's MEMORANDUM in Support re #375 Plaintiff's MOTION for Protective Order Delaying the Deposition of Charles Brewer and Clarifying the Scope of the Court's October 18, 2011 Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(McGoey, Patrick)
February 10, 2012 Opinion or Order Filing 375 Plaintiff's MOTION for Protective Order Delaying the Deposition of Charles Brewer and Clarifying the Scope of the Court's October 18, 2011 Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. Motions referred to Paul M. Warner.(McGoey, Patrick)
February 9, 2012 Opinion or Order Filing 374 ORDER granting #371 Motion to Stay; finding as moot #363 Motion to Stay; terminating #346 Motion for Partial Summary Judgment; terminating #348 Motion for Partial Summary Judgment; terminating #350 Motion for Summary Judgment. Signed by Judge Dale A. Kimball on 2/8/12 (alt)
February 8, 2012 Opinion or Order Filing 373 REQUEST to Submit for Decision re #346 Plaintiff's MOTION for Partial Summary Judgment on Breach of Contract Claims and Defenses Based Upon Issue Preclusion, #350 MOTION for Summary Judgment (regarding Counts II, III, and IV) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B)(McGoey, Patrick)
February 2, 2012 Opinion or Order Filing 372 MEMORANDUM in Support re #363 MOTION to Stay Proceedings filed by Defendant DHL Express USA. (Sjoblom, J.)
January 31, 2012 Opinion or Order Filing 371 Stipulated MOTION to Stay re #364 Memorandum in Support of Motion, #363 MOTION to Stay Proceedings and Continue Trial Date filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Haley, George). Added MOTION to Continue on 2/1/2012 (tls).
January 27, 2012 Opinion or Order Filing 370 MEMORANDUM DECISION AND ORDER granting #274 Motion to Dismiss Count 1; denying #297 Motion for Partial Summary Judgment Contract Claims; denying #309 SEALED MOTION for Reconsideration of #294 Order; granting #317 Motion for Leave to File Third Amended Counterclaims; Magistrate Judge's Ruling of 10/14/11 is Affirmed. Signed by Judge Dale A. Kimball on 1/26/12 (alt)
January 17, 2012 Opinion or Order Filing 369 Plaintiff's MEMORANDUM in Opposition re #363 MOTION to Stay Proceedings filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
December 30, 2011 Opinion or Order Filing 368 REPLY to Response to Motion re #350 MOTION for Summary Judgment (regarding Counts II, III, and IV) (refiled to properly reflect document type) filed by Defendant DHL Express USA. (Benard, Blaine)
December 30, 2011 Opinion or Order Filing 367 MEMORANDUM in Support re #350 MOTION for Summary Judgment (regarding Counts II, III, and IV) filed by Defendant DHL Express USA. (Benard, Blaine)
December 29, 2011 Opinion or Order Filing 366 REPLY to Response to Motion re #348 Plaintiff's MOTION for Partial Summary Judgment to DHL's Second, Third, and Fourth Counterclaims filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
December 29, 2011 Opinion or Order Filing 365 REPLY to Response to Motion re #346 Plaintiff's MOTION for Partial Summary Judgment on Breach of Contract Claims and Defenses Based Upon Issue Preclusion filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A)(McGoey, Patrick)
December 28, 2011 Opinion or Order Filing 364 MEMORANDUM in Support re #363 MOTION to Stay Proceedings filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A-Petition for Declaratory Judgment, #2 Exhibit B-Notice of Voluntary Dismissal, #3 Exhibit C-Transcript of 07-28-11 Jury Instruction hearing)(Benard, Blaine)
December 28, 2011 Opinion or Order Filing 363 MOTION to Stay Proceedings filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
December 20, 2011 Opinion or Order Filing 362 **SEALED DOCUMENT** SEALED EXHIBIT I TO #359 Memorandum in Opposition to #348 MOTION for Partial Summary Judgment to DHL's Second, Third, and Fourth Counterclaims filed by Defendant DHL Express USA (alt)
December 19, 2011 Opinion or Order Filing 361 **SEALED DOCUMENT** SEALED OPPOSITION TO #346 MOTION for Partial Summary Judgment on Breach of Contract Claims and Defenses Based Upon Issue Preclusion filed by Defendant DHL Express USA (oversized document not scanned - will be kept in permanent storage) (alt)
December 19, 2011 Opinion or Order Filing 360 NOTICE OF CONVENTIONAL FILING of DHL's Opposition to Plaintiff's Motion for Summary Judgment Based on Issue Preclusion and Exhibit "I" to DHL's Opposition to Plaintiff's Motion for Summary Judgment to DHL's Second, Third and Fourth Counterclaims filed by Defendant DHL Express USA re #346 Plaintiff's MOTION for Partial Summary Judgment on Breach of Contract Claims and Defenses Based Upon Issue Preclusion, #359 Memorandum in Opposition to Motion,, (Benard, Blaine)
December 19, 2011 Opinion or Order Filing 359 MEMORANDUM in Opposition re #348 Plaintiff's MOTION for Partial Summary Judgment to DHL's Second, Third, and Fourth Counterclaims filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A- Lathrop Depo Excerpts, #2 Exhibit B-Smith to Sankey email 02-27-09, #3 Exhibit C-Smith to Sankey email 12-13-08, #4 Exhibit D-Brunette Declaration, #5 Exhibit E-Brunette Depo Excerpts, #6 Exhibit F-Smith to Ware email, #7 Exhibit G-Thomas Westbrook email, #8 Exhibit H-Franchise Agreement)(Benard, Blaine)
December 12, 2011 Opinion or Order Filing 358 Plaintiff's MEMORANDUM in Opposition re #350 MOTION for Summary Judgment (regarding Counts II, III, and IV) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A. Sept. 2, 2011 Transcript of Deposition of Gerald Cameron, #2 Exhibit B. Aug. 31, 2011 Transcript of Deposition of Hank Gibson, #3 Exhibit C. Jun. 9, 2011 Transcript of Deposition of Hank Gibson)(McGoey, Patrick)
December 6, 2011 Opinion or Order Hearing terminated: Motion hearing set for 12/13/11 at 3:00 PM. The Court has determined that a hearing is not necessary and a decision will be made based on the briefings filed in the motions in question. (kmj)
December 5, 2011 Opinion or Order Filing 357 ORDER granting #356 Motion to Dismiss With Prejudice Certain Claims as to DPWN Holdings (USA). Signed by Judge Dale A. Kimball on 12/2/11 (alt)
December 2, 2011 Opinion or Order Filing 356 Stipulated MOTION to Dismiss Certain Claims as to Defendant, DPWN Holdings (USA), Inc. filed by Defendants DHL Express USA, DPWN Holdings (USA), Plaintiffs Gulf Coast Shippers Limited Partnership, Kasel Enterprises, Lake Country Logistics, AEA Services. (Attachments: #1 Text of Proposed Order)(McGoey, Patrick)
November 29, 2011 Opinion or Order Filing 355 REQUEST to Submit for Decision re #335 Objection to Magistrate Judge Decision to District Court, #317 MOTION for Leave to File Third Amended Counterclaims filed by Defendant DHL Express USA. (Sjoblom, J.)
November 21, 2011 Opinion or Order Filing 354 REPLY to Response to Motion re #265 Defendant's MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses MOTION for Scheduling Order filed by Defendant DHL Express USA. (Benard, Blaine)
November 16, 2011 Opinion or Order Filing 353 **SEALED DOCUMENT** SEALED DECLARATION OF J. ANDREW SJOBLOM IN SUPPORT OF #350 MOTION for Summary Judgment (regarding Counts II, III, and IV) filed by Defendant DHL Express USA (oversized document is not scanned - will be kept in permanent storage) (alt)
November 16, 2011 Opinion or Order Filing 352 **SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT OF #350 MOTION for Summary Judgment (regarding Counts II, III, and IV) filed by Defendant DHL Express USA (alt)
November 16, 2011 Opinion or Order Filing 351 NOTICE OF CONVENTIONAL FILING of Memorandum in Support of Motion for Partial Summary Judgment (Counts II, III and IV), and Declaration of J. Andrew Sjoblom in support of same filed by Defendant DHL Express USA re #350 MOTION for Summary Judgment (regarding Counts II, III, and IV) (Sjoblom, J.)
November 16, 2011 Opinion or Order Filing 350 MOTION for Summary Judgment (regarding Counts II, III, and IV) filed by Defendant DHL Express USA. (Sjoblom, J.)
November 16, 2011 Opinion or Order Filing 349 Plaintiff's MEMORANDUM in Support re #348 Plaintiff's MOTION for Partial Summary Judgment to DHL's Second, Third, and Fourth Counterclaims (Oral Argument Requested) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1: Declaration of Patrick S. McGoey in Support of Plaintiffs' Motion for Partial Summary Judgment with Exhibits 1A through 1C attached, #2 Exhibit 2: Declaration of Daniel Reese with Exhibits 2A through 2E attached, #3 Exhibit 3: Declaration of Julie Fisher with Exhibits 3A through 3C attached, #4 Exhibit 4: Declaration of Eric Smith with Exhibits 4A through 4C attached, #5 Exhibit 5: Declaration of Carl Loge with Exhibits 5A through 5C attached)(McGoey, Patrick)
November 16, 2011 Opinion or Order Filing 348 Plaintiff's MOTION for Partial Summary Judgment to DHL's Second, Third, and Fourth Counterclaims filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
November 16, 2011 Opinion or Order Filing 347 Plaintiff's MEMORANDUM in Support re #346 Plaintiff's MOTION for Partial Summary Judgment on Breach of Contract Claims and Defenses Based Upon Issue Preclusion filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1: Declaration of Patrick S. McGoey in Support of Plaintiffs' Motion for Partial Summary Judgment, #2 Exhibit 1A: National Account Agreement, #3 Exhibit 1B: Reseller Agreement)(McGoey, Patrick)
November 16, 2011 Opinion or Order Filing 346 Plaintiff's MOTION for Partial Summary Judgment on Breach of Contract Claims and Defenses Based Upon Issue Preclusion filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
November 11, 2011 Opinion or Order Filing 345 REPLY BRIEF re #335 Objection to Magistrate Judge Decision to District Court, filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A: Oct. 18, 2011 Hearing Transcript Excerpts, #2 Exhibit B: Nov. 8, 2011 Letter from Kyle Schonekas)(McGoey, Patrick)
November 8, 2011 Opinion or Order Filing 343 REQUEST to Submit for Decision re #309 SEALED MOTION for Reconsideration of #294 Order, 329 Notice of Hearing on Motion, filed by Defendant DHL Express USA. (Sjoblom, J.)
November 8, 2011 Opinion or Order Filing 342 NOTICE OF DEFICIENCY re #341 MOTION Request to Submit for Decision Motion for Reconsideration of Order Granting Plaintiffs' Motion for Partial Summary Judgment re #309 SEALED MOTION for Reconsideration of #294 Order, 329 Notice of Hearing on Motion,. The document 341 was filed as a Motion. The clerk requests the filer of the original document to refile the pleading as a Request to Submit for Decision. The new pleading will receive a new document number on the docket. (asp)
November 7, 2011 Opinion or Order Filing 344 **SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF #317 MOTION for Leave to File Third Amended Counterclaims filed by Defendant DHL Express USA (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (alt)
November 7, 2011 Opinion or Order Filing 341 MOTION Request to Submit for Decision Motion for Reconsideration of Order Granting Plaintiffs' Motion for Partial Summary Judgment re #309 SEALED MOTION for Reconsideration of #294 Order, 329 Notice of Hearing on Motion, filed by Defendant DHL Express USA. Motions referred to Paul M. Warner.(Sjoblom, J.)
November 7, 2011 Opinion or Order Filing 340 NOTICE OF CONVENTIONAL FILING of Reply in Support of DHL Express (USA), Inc.'s Motion for Leave to File Third Amended Counterclaims filed by Defendant DHL Express USA re #317 MOTION for Leave to File Third Amended Counterclaims (Benard, Blaine)
October 31, 2011 Opinion or Order Filing 339 **SEALED DOCUMENT** SEALED DECLARATION OF J ANDREW SJOBLOM IN SUPPORT OF #309 SEALED MOTION for Reconsideration of #294 Order filed by Defendant DHL Express USA (alt)
October 31, 2011 Opinion or Order Filing 338 **SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF #309 SEALED MOTION for Reconsideration of #294 Order filed by Defendant DHL Express USA (alt)
October 31, 2011 Opinion or Order Filing 337 NOTICE OF CONVENTIONAL FILING of Reply In Support Of Defendant DHL Express (USA), Inc.s Motion For Reconsideration Of Order Granting Plaintiffs Motion For Partial Summary Judgment; and Declaration Of J. Andrew Sjoblom In Support Of Defendants Reply In Support Of Their Motion For Reconsideration Of Order Granting Plaintiffs Motion For Partial Summary Judgment filed by Defendant DHL Express USA re #309 *SEALED DOCUMENT* SEALED MOTION, #297 MOTION for Partial Summary Judgment (Sjoblom, J.)
October 31, 2011 Opinion or Order Filing 336 REPLY to Response to Motion re #297 MOTION for Partial Summary Judgment filed by Defendant DHL Express USA. (Sjoblom, J.)
October 28, 2011 Opinion or Order Filing 335 OBJECTION TO MAGISTRATE JUDGE DECISION to District Court by DHL Express USA, DPWN Holdings (USA) re 328 Terminate Motions, Motion Hearing, #332 Order on Motion to Quash, Memorandum Decision (Attachments: #1 Exhibit A - Declaration of George M. Haley, #2 Exhibit B - Hearing Transcript Pages)(Haley, George)
October 27, 2011 Opinion or Order Filing 333 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions Hearing held on October 18, 2011 before Judge Dale A. Kimball. Court Reporter/Transcriber Susette M. Snider, Telephone number 801.532.3441. 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 11/17/2011. Redacted Transcript Deadline set for 11/28/2011. Release of Transcript Restriction set for 1/25/2012. (las) Modified by removing restricted text on 1/25/2012 (rks).
October 26, 2011 Opinion or Order Filing 332 MEMORANDUM DECISION AND ORDER denying #268 Motion to Quash; denying #270 Motion to Quash; denying #272 Motion to Quash. Signed by Magistrate Judge Paul M. Warner on 10/25/11 (alt)
October 24, 2011 Opinion or Order Filing 331 REPLY to Response to Motion re #274 MOTION to Dismiss Count I of Plaintiffs' Fourth Supplemental and Amended Complaint filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A)(Sjoblom, J.)
October 20, 2011 Opinion or Order Filing 330 Plaintiff's MEMORANDUM in Opposition re #317 MOTION for Leave to File Third Amended Counterclaims filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(McGoey, Patrick)
October 20, 2011 Opinion or Order Filing 329 NOTICE OF HEARING ON MOTION re: #274 MOTION to Dismiss Count I of Plaintiffs' Fourth Supplemental and Amended Complaint, #297 MOTION for Partial Summary Judgment : (Notice generated by Kim Jones) Motion Hearing set for 12/13/2011 at 03:00 PM in Room 220 before Judge Dale A. Kimball. (kmj)
October 18, 2011 Opinion or Order Filing 328 Minute Entry for proceedings held before Magistrate Judge Paul M. Warner: Motion Hearing held on 10/14/2011. Court hears from all parties regarding all motion befoe the court. Court Denies #177 MOTION to Quash the Subpoena of Joseph M. Curtis filed by Joseph M. Curtis, #257 MOTION to Quash Subpoena of Daniel Lockwood (Originally Filed on August 29, 2011) filed by Daniel Lockwood and #259 MOTION to Quash Subpoena of Kevin Lathrop (Originally Filed on August 29, 2011) filed by Kevin Lathrop. In regards to #259 Motion, the Deposition is limited to new material only. No 3rd Party beneficiary questions will be asked. Deposition will be limited to three hours.Court DENIES #265 Defendant's MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses MOTION for Scheduling Order filed by DHL Express USA and #282 MOTION Rule 37 Motion to Limit Expert Testimony filed by All Plaintiffs Except Dandrea & KMD. In regards to motion #282 , the Pla Expert can respond to Report if needed.Court DENIES #237 MOTION for Protective Order Regarding Timing and Location of Deposition of Charles Brewer filed by DHL Express USA. Parties will have 30 days to resolve the deposition of Mr. Brewer. If Mr. Brewer does not travel to the U.S. soon, the dfts will bear the cost to fly plas counsel to South Africa. If the deposition takes place anywhere in the U.S., each party will bear their own costs.Court takes the following three motions UNDER ADVISEMENT: #270 MOTION to Quash the Subpoena of Alexander Rossi and/or for Protective Order filed by All Plaintiffs Except Dandrea & KMD, #268 MOTION to Quash the Subpoena of Nancy Haug and/or for Protective Order filed by All Plaintiffs Except Dandrea & KMD and #272 MOTION to Quash Subpoena of Alexander Rossi filed by Unishippers Global Logistics.Motions terminated: #257 MOTION to Quash Subpoena of Daniel Lockwood (Originally Filed on August 29, 2011) filed by Daniel Lockwood, #265 Defendant's MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses MOTION for Scheduling Order filed by DHL Express USA, #177 MOTION to Quash the Subpoena of Joseph M. Curtis filed by Joseph M. Curtis, #282 MOTION Rule 37 Motion to Limit Expert Testimony filed by All Plaintiffs Except Dandrea & KMD, #259 MOTION to Quash Subpoena of Kevin Lathrop (Originally Filed on August 29, 2011) filed by Kevin Lathrop, #237 MOTION for Protective Order Regarding Timing and Location of Deposition of Charles Brewer filed by DHL Express USA. Attorney for Plaintiff: Patrick McGoey and Kyle Schonekas, Attorney for Defendant: George Haley, Amy Rudd and Chris Ruhland and Lewis Francis and Jennifer Wilde for Movants. Court Reporter: electronic.(Time Start: 2:01:57 PM, Time End: 3:56:59 PM, Room 103.) (ksm)
October 13, 2011 Opinion or Order Filing 326 Plaintiff's MEMORANDUM in Opposition re #309 *SEALED DOCUMENT* SEALED MOTION DHL's Motion for Reconsideration of Order Granting Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B)(McGoey, Patrick)
October 13, 2011 Opinion or Order Filing 325 Plaintiff's MEMORANDUM in Opposition re #297 MOTION for Partial Summary Judgment filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B)(McGoey, Patrick)
October 12, 2011 Opinion or Order Filing 324 Sur-Reply BRIEF in Opposition re #265 MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses MOTION for Scheduling Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD (Attachments: #1 Exhibit A) (document images were forwarded electronically from chambers for docketing) (alt)
October 12, 2011 Opinion or Order Filing 323 ORDER granting #321 Motion for Leave to File Sur-Reply. Signed by Magistrate Judge Paul M. Warner on 10/11/11 (alt)
October 11, 2011 Opinion or Order Filing 322 DOCKET TEXT ORDER finding as moot #159 Motion to Quash; finding as moot #174 Motion to Quash; finding as moot #179 Motion to Quash; finding as moot #198 Motion to Compel; finding as moot #206 Motion to Quash; finding as moot #239 Motion for Protective Order per #316 stipulation of the parties. Signed by Magistrate Judge Paul M. Warner on 10/11/2011. No attached document. (srs)
October 11, 2011 Opinion or Order Filing 321 MOTION for Leave to File Sur-Reply in Opposition to #265 DHL's Motion to Amend the Scheduling Order Regarding Expert Witness Testimony filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order, #2 Proposed Pleading: Sur-Reply in Opposition to #265 DHL's Motion to Amend the Scheduling Order Regarding Expert Witness Testimony, #3 Proposed Exhibit A to Sur-Reply) Motions referred to Paul M. Warner.(McGoey, Patrick)
October 11, 2011 Opinion or Order Filing 320 REPLY to Response to Motion re #282 MOTION Rule 37 Motion to Limit Expert Testimony filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A. Hallman Rebuttal Report, 6/20/11, #2 Exhibit B. Hallman Supplemental Rebuttal Report, 9/20/11, #3 Exhibit C. Deposition of Dr. Greg Hallman, #4 Exhibit D. Correspondence from E. Walker)(McGoey, Patrick)
October 7, 2011 Opinion or Order Filing 319 REPLY to Response to Motion re #272 MOTION to Quash Subpoena of Alexander Rossi filed by Movant Unishippers Global Logistics. (Wilde, Jessica)
October 6, 2011 Opinion or Order Filing 327 **SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT OF #317 MOTION for Leave to File Third Amended Counterclaims filed by Counter Claimant DHL Express USA (Attachments: #1 Exhibit A (pages 1-63), #2 Exhibit A (pages 64-127), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (alt)
October 6, 2011 Opinion or Order Filing 318 NOTICE OF CONVENTIONAL FILING of Memorandum in Support of DHL Express (USA), Inc.'s Motion for Leave to File Third Amended Counterclaims filed by Defendant DHL Express USA (Sjoblom, J.)
October 6, 2011 Opinion or Order Filing 317 MOTION for Leave to File Third Amended Counterclaims filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Sjoblom, J.)
October 6, 2011 Opinion or Order Filing 316 STIPULATION REGARDING CERTAIN PENDING DISCOVERY MOTIONS by DHL Express USA, DPWN Holdings (USA). (Maxfield, Eric)
October 5, 2011 Opinion or Order Filing 315 MEMORANDUM in Opposition re #274 MOTION to Dismiss Count I of Plaintiffs' Fourth Supplemental and Amended Complaint filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A)(McGoey, Patrick)
October 4, 2011 Opinion or Order Filing 314 Motions No Longer Referred: #309 *SEALED DOCUMENT* SEALED MOTION. Motion to be heard by DAK. (srs)
October 3, 2011 Opinion or Order Filing 313 MEMORANDUM in Opposition re #282 MOTION Rule 37 Motion to Limit Expert Testimony filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - April 5, 2011 Letter, #2 Exhibit B - May 20, 2011 Expert Witness Report of Hoffman, #3 Exhibit C - July 7, 2011 Letter, #4 Exhibit D - August 16, 2011 Email, #5 Exhibit E - August 25, 2011 Email, #6 Exhibit F - September 12, 2011 Letter, #7 Exhibit G - September 20, 2011 Supplemental Rebuttal Report of Hallman, #8 Exhibit H - September 20, 2011 Letter, #9 Exhibit I - September 15, 2011 Letter, #10 Exhibit June 20, 2011 Rebuttal Report of Hallman)(Benard, Blaine)
October 3, 2011 Opinion or Order Filing 312 REPLY to Response to Motion re #265 Defendant's MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses MOTION for Scheduling Order filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Declaration of Greg Hallman)(Benard, Blaine)
September 30, 2011 Opinion or Order Filing 311 **SEALED DOCUMENT** Declaration of J. Andrew Sjoblom in Support re #309 *SEALED DOCUMENT* SEALED MOTION filed by Defendants DHL Express USA, DPWN Holdings (USA). Note: Document is over sized ; Exhibits Not Imaged ; Placed in Sealed Room. (asp)
September 30, 2011 Opinion or Order Filing 310 **SEALED DOCUMENT** Memorandum in Support re #309 *SEALED DOCUMENT* SEALED MOTION filed by Defendants DHL Express USA, DPWN Holdings (USA). (asp)
September 30, 2011 Opinion or Order Filing 309 *SEALED DOCUMENT* SEALED MOTION for Reconsideration of #294 MEMORANDUM DECISION AND ORDER filed by Defendants DHL Express USA, DPWN Holdings (USA). Motions referred to Paul M. Warner.(asp)
September 30, 2011 Opinion or Order Filing 308 REPLY to Response to Motion re #259 MOTION to Quash Subpoena of Kevin Lathrop (Originally Filed on August 29, 2011) filed by Movant Kevin Lathrop. (Attachments: #1 Exhibit A--Deposition Transcript)(Wilde, Jessica)
September 30, 2011 Opinion or Order Filing 307 REPLY to Response to Motion re #257 MOTION to Quash Subpoena of Daniel Lockwood (Originally Filed on August 29, 2011) filed by Movant Daniel Lockwood. (Attachments: #1 Exhibit A--Deposition Transcript, #2 Exhibit B--Deposition Transcript, #3 Exhibit C--Lathrop Deposition Transcript)(Wilde, Jessica)
September 30, 2011 Opinion or Order Filing 306 DOCKET TEXT ORDER granting #261 Motion for Joinder; granting #262 Motion for Joinder; granting #284 Motion to Consolidate Rule 37 Motion #282 and Motion to Amend Scheduling Order #265 . Motions #282 and #265 will be heard together at the hearing 305 set for October 14, 2011 at 2:00 p.m. Signed by Magistrate Judge Paul M. Warner on 9/30/2011. No attached document. (srs)
September 30, 2011 Opinion or Order Filing 305 NOTICE OF HEARING ON MOTION re: #282 MOTION Rule 37 Motion to Limit Expert Testimony, #270 MOTION to Quash the Subpoena of Alexander Rossi and/or for Protective Order, #179 MOTION to Quash the Subpoena of Theodore Zeigler, #198 Defendant's MOTION to Compel Certain Discovery Responses and Documents, #265 Defendant's MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses MOTION for Scheduling Order, #268 MOTION to Quash the Subpoena of Nancy Haug and/or for Protective Order, #174 MOTION to Quash the Subpoena of Unishippers Global Logistics, LLC, #272 MOTION to Quash Subpoena of Alexander Rossi, #177 MOTION to Quash the Subpoena of Joseph M. Curtis, #257 MOTION to Quash Subpoena of Daniel Lockwood (Originally Filed on August 29, 2011), #206 MOTION to Quash DHL Express Inc.'s Subpoena Directed to United Parcel Service, Inc., #237 MOTION for Protective Order Regarding Timing and Location of Deposition of Charles Brewer, #159 MOTION to Quash and Objection to the Subpoena Directed to United Parcel Service, Inc., #239 MOTION for Protective Order Regarding the Remainder of DHL's Rule 30b6 Deposition, #259 MOTION to Quash Subpoena of Kevin Lathrop (Originally Filed on August 29, 2011) : (Notice generated by PMW Chambers) Motion Hearing set for 10/14/2011 02:00 PM in Room 103 before Magistrate Judge Paul M. Warner. (srs)
September 30, 2011 Opinion or Order Filing 304 NOTICE OF CONVENTIONAL FILING of DHL's 1) Motion for Reconsideration of Order Granting Plaintiffs' Motion for Partial Summary Judgment; Memorandum in Support; and Declaration of J. Andrew Sjoblom in filed by Defendant DHL Express USA re #294 Order on Motion for Partial Summary Judgment, Memorandum Decision (Sjoblom, J.)
September 28, 2011 Opinion or Order Filing 303 ORDER denying #286 Motion for Protective Order; granting #288 Motion to Expedite. See order for details. Signed by Magistrate Judge Paul M. Warner on 9/28/2011. (srs)
September 27, 2011 Opinion or Order Filing 302 MOTION Opposition to Request to Submit for Decision re #301 Request to Submit for Decision filed by Plaintiff All Plaintiffs Except Dandrea & KMD. Motions referred to Paul M. Warner.(McGoey, Patrick)
September 27, 2011 Opinion or Order Filing 301 REQUEST to Submit for Decision re #286 MOTION for Protective Order Postponing Expert Deposition of Dr. Greg Hallman, #287 Memorandum in Support of Motion filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
September 27, 2011 Opinion or Order Filing 300 REPLY to Response to Motion re #270 MOTION to Quash the Subpoena of Alexander Rossi and/or for Protective Order, #268 MOTION to Quash the Subpoena of Nancy Haug and/or for Protective Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B)(McGoey, Patrick)
September 23, 2011 Opinion or Order Filing 294 MEMORANDUM DECISION AND ORDER granting #111 Motion for Partial Summary Judgment. Signed by Judge Dale A. Kimball on 9/22/11 (alt)
September 23, 2011 Opinion or Order Filing 293 MEMORANDUM in Opposition re #288 MOTION to Expedite Motion for Protective Order Postponing Expert Deposition of Dr. Greg Hallman filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B)(McGoey, Patrick)
September 22, 2011 Opinion or Order Filing 299 **SEALED DOCUMENT** SEALED DECLARATION OF J ANDREW SJOBLOM IN SUPPORT OF #297 MOTION for Partial Summary Judgment, filed by Defendant DHL Express USA (oversized document not scanned - will be kept in permanent storage) (alt)
September 22, 2011 Opinion or Order Filing 298 **SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT OF #297 MOTION for Partial Summary Judgment, filed by Defendant DHL Express USA (alt)
September 22, 2011 Opinion or Order Filing 297 MOTION for Partial Summary Judgment on Plaintiffs Contract Claims filed by Defendant DHL Express USA (alt)
September 22, 2011 Opinion or Order Filing 292 NOTICE OF CONVENTIONAL FILING of 1. Defendant DHL Express (Usa), Inc.s Motion For Partial Summary Judgment on Plaintiffs Contract Claims; 2. Memorandum In Support of Defendant DHL Express (USA), Inc.s Motion For Partial Summary Judgment on Plaintiffs Contract Claims; and 3.Declaration of J. Andrew Sjoblom In Support of Motion For Partial Summary Judgment On Plaintiffs Contract Claims filed by Defendants DHL Express USA, DPWN Holdings (USA) (Sjoblom, J.)
September 22, 2011 Opinion or Order Filing 290 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on June 2, 2011 before Judge PAUL M. WARNER. 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 10/13/2011. Redacted Transcript Deadline set for 10/24/2011. Release of Transcript Restriction set for 12/21/2011. (las) Modified by removing restricted text on 12/21/2011 (rks).
September 21, 2011 Opinion or Order Filing 296 **SEALED DOCUMENT** SEALED OPPOSITION TO #270 MOTION to Quash the Subpoena of Alexander Rossi and/or for Protective Order, filed by Defendant DHL Express USA (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (alt)
September 21, 2011 Opinion or Order Filing 295 **SEALED DOCUMENT** SEALED OPPOSITION TO #268 MOTION to Quash the Subpoena of Nancy Haug and/or for Protective Order, filed by Defendant DHL Express USA (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (alt)
September 21, 2011 Opinion or Order Filing 289 NOTICE OF CONVENTIONAL FILING of DHL's Opposition to Motion to Quash Nancy Haug Subpoena and Oppositions to Plaintiffs' and Unishippers' Motions to Quash Subpoena to Alexander Rossi filed by Defendants DHL Express USA, DPWN Holdings (USA) re #270 MOTION to Quash the Subpoena of Alexander Rossi and/or for Protective Order, #271 Memorandum in Support of Motion, #273 Memorandum in Support of Motion, #269 Memorandum in Support of Motion, #272 MOTION to Quash Subpoena of Alexander Rossi, #268 MOTION to Quash the Subpoena of Nancy Haug and/or for Protective Order (Benard, Blaine)
September 20, 2011 Opinion or Order Filing 288 MOTION to Expedite Motion for Protective Order Postponing Expert Deposition of Dr. Greg Hallman filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
September 20, 2011 Opinion or Order Filing 287 MEMORANDUM in Support re #286 MOTION for Protective Order Postponing Expert Deposition of Dr. Greg Hallman filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A, #2 Exhibit B)(Benard, Blaine)
September 20, 2011 Opinion or Order Filing 286 MOTION for Protective Order Postponing Expert Deposition of Dr. Greg Hallman filed by Defendants DHL Express USA, DPWN Holdings (USA). Motions referred to Paul M. Warner.(Benard, Blaine)
September 19, 2011 Opinion or Order Filing 285 MEMORANDUM in Support re #284 MOTION to Consolidate Rule 37 Motion and DHL's Motion to Amend Scheduling Order re #265 Defendant's MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses MOTION for Scheduling Order, #282 MOTION Rule 37 Motion t MOTION to Consolidate Rule 37 Motion and DHL's Motion to Amend Scheduling Order re #265 Defendant's MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses MOTION for Scheduling Order, #282 MOTION Rule 37 Motion t filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
September 19, 2011 Opinion or Order Filing 284 MOTION to Consolidate Rule 37 Motion and DHL's Motion to Amend Scheduling Order re #265 Defendant's MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses MOTION for Scheduling Order, #282 MOTION Rule 37 Motion to Limit Expert Testimony filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
September 19, 2011 Opinion or Order Filing 283 MEMORANDUM in Support re #282 MOTION Rule 37 Motion to Limit Expert Testimony filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McGoey, Patrick)
September 19, 2011 Opinion or Order Filing 282 MOTION Rule 37 Motion to Limit Expert Testimony filed by Plaintiff All Plaintiffs Except Dandrea & KMD. Motions referred to Paul M. Warner.(McGoey, Patrick)
September 19, 2011 Opinion or Order Filing 281 MEMORANDUM in Opposition re #265 Defendant's MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses MOTION for Scheduling Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (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)(McGoey, Patrick)
September 19, 2011 Opinion or Order Filing 280 MOTION for Leave to File Supplemental Memorandum in Reply to Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment Third Party Beneficiary Issue filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order, #2 Proposed Pleading: Supplemental Memorandum in Reply to Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment Third Party Beneficiary Issue, #3 Proposed Exhibit "A" to Proposed Pleading) Motions referred to Paul M. Warner.(McGoey, Patrick)
September 14, 2011 Opinion or Order Filing 279 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Testify at a Deposition served on Alexander Rossi on 9/7/2011, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
September 13, 2011 Opinion or Order Filing 278 MEMORANDUM in Opposition re #257 MOTION to Quash Subpoena of Daniel Lockwood (Originally Filed on August 29, 2011) filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A - Deposition Kasel Enterprises, #2 Exhibit B - Deposition Kevin Lathrop)(Maxfield, Eric)
September 13, 2011 Opinion or Order Filing 277 MEMORANDUM in Opposition re #259 MOTION to Quash Subpoena of Kevin Lathrop (Originally Filed on August 29, 2011) filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A - Report of Richard Hoffman, #2 Exhibit B - Deposition Kasel Enterprises, #3 Exhibit C - Deposition Kevin Lathrop)(Maxfield, Eric)
September 12, 2011 Opinion or Order Filing 276 ANSWER to #251 Amended Complaint with Jury Demand filed by DHL Express USA, DPWN Holdings (USA).(Maxfield, Eric)
September 12, 2011 Opinion or Order Filing 275 MEMORANDUM in Support re #274 MOTION to Dismiss Count I of Plaintiffs' Fourth Supplemental and Amended Complaint filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A, #2 Exhibit B)(Maxfield, Eric)
September 12, 2011 Opinion or Order Filing 274 MOTION to Dismiss Count I of Plaintiffs' Fourth Supplemental and Amended Complaint filed by Defendants DHL Express USA, DPWN Holdings (USA). (Maxfield, Eric)
September 12, 2011 Opinion or Order Filing 273 MEMORANDUM in Support re #272 MOTION to Quash Subpoena of Alexander Rossi filed by Movant Unishippers Global Logistics. (Attachments: #1 Exhibit A--Deposition Transcripts)(Wilde, Jessica)
September 12, 2011 Opinion or Order Filing 272 MOTION to Quash Subpoena of Alexander Rossi filed by Movant Unishippers Global Logistics. Motions referred to Paul M. Warner.(Wilde, Jessica)
September 7, 2011 Opinion or Order Filing 271 MEMORANDUM in Support re #270 MOTION to Quash the Subpoena of Alexander Rossi and/or for Protective Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McGoey, Patrick)
September 7, 2011 Opinion or Order Filing 270 MOTION to Quash the Subpoena of Alexander Rossi and/or for Protective Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
September 7, 2011 Opinion or Order Filing 269 MEMORANDUM in Support re #268 MOTION to Quash the Subpoena of Nancy Haug and/or for Protective Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(McGoey, Patrick)
September 7, 2011 Opinion or Order Filing 268 MOTION to Quash the Subpoena of Nancy Haug and/or for Protective Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
September 6, 2011 Opinion or Order Filing 267 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Acceptance of Service of Subpoenas served on Daniel Lockwood, Kevin Lathrop, Dennis Heaps on 08-24-2011, filed by Defendants DHL Express USA, DPWN Holdings (USA)., AFFIDAVIT OF SERVICE served on Daniel Lockwood, Kevin Lathrop, Dennis Heaps on 08-24-2011, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
September 2, 2011 Opinion or Order Filing 266 Defendant's MEMORANDUM in Support re #265 Defendant's MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses MOTION for Scheduling Order Regarding Expert Witnesses filed by Defendant DHL Express USA. (Attachments: #1 Errata A - Resume of Gil A. Miller)(Maxfield, Eric)
September 2, 2011 Opinion or Order Filing 265 Defendant's MOTION to Amend/Correct #224 Scheduling Order, Regarding Expert Witnesses, MOTION for Scheduling Order filed by Defendant DHL Express USA. Motions referred to Paul M. Warner.(Maxfield, Eric)
September 2, 2011 Opinion or Order Filing 263 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING held on JUNE 29, 2011 before Judge DALE A. KIMBALL. Court Reporter/Transcriber KELLY BROWN, 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 9/23/2011. Redacted Transcript Deadline set for 10/3/2011. Release of Transcript Restriction set for 12/1/2011. (las) Modified by removing restricted text on 12/1/2011 (rks).
August 30, 2011 Opinion or Order Filing 262 Plaintiff's MOTION for Joinder re #259 MOTION to Quash Subpoena of Kevin Lathrop (Originally Filed on August 29, 2011) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. Motions referred to Paul M. Warner.(McGoey, Patrick)
August 30, 2011 Opinion or Order Filing 261 Plaintiff's MOTION for Joinder re #257 MOTION to Quash Subpoena of Daniel Lockwood (Originally Filed on August 29, 2011) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. Motions referred to Paul M. Warner.(McGoey, Patrick)
August 30, 2011 Opinion or Order Filing 260 MEMORANDUM in Support re #259 MOTION to Quash Subpoena of Kevin Lathrop (Originally Filed on August 29, 2011) filed by Movant Kevin Lathrop. (Attachments: #1 Exhibit A--Deconsolidation Order, #2 Exhibit B--Depo Excerpts, #3 Exhibit C1--Trial Transcript, #4 Exhibit C2--Trial Transcript, #5 Exhibit C3--Trial Transcript, #6 Exhibit D--Second Amended Complaint, #7 Exhibit E--Special Verdict)(Wilde, Jessica)
August 30, 2011 Opinion or Order Filing 259 MOTION to Quash Subpoena of Kevin Lathrop (Originally Filed on August 29, 2011) filed by Movant Kevin Lathrop. Motions referred to Paul M. Warner.(Wilde, Jessica)
August 30, 2011 Opinion or Order Filing 258 MEMORANDUM in Support re #257 MOTION to Quash Subpoena of Daniel Lockwood (Originally Filed on August 29, 2011) filed by Movant Daniel Lockwood. (Attachments: #1 Exhibit A--Deconsolidation Order, #2 Exhibit B--Depo Excerpts, #3 Exhibit C1--Trial Transcript, #4 Exhibit C2--Trial Transcript, #5 Exhibit C3--Trial Transcript, #6 Exhibit C4--Trial Transcript, #7 Exhibit C5--Trial Transcript, #8 Exhibit C6--Trial Transcript, #9 Exhibit C7--Trial Transcript, #10 Exhibit D--Second Amended Complaint, #11 Exhibit E--Special Verdict)(Wilde, Jessica)
August 30, 2011 Opinion or Order Filing 257 MOTION to Quash Subpoena of Daniel Lockwood (Originally Filed on August 29, 2011) filed by Movant Daniel Lockwood. Motions referred to Paul M. Warner.(Wilde, Jessica)
August 29, 2011 Opinion or Order Filing 256 NOTICE OF DEFICIENCY re #253 Memorandum in Support of Motion,, #254 MOTION to Quash Subpoena of Kevin Lathrop, #252 MOTION to Quash Subpoena of Daniel Lockwood, #255 Memorandum in Support of Motion. The documents were improperly filed: filer did not have filing parties added to case prior to filing and instead filed them as if by an existing party in the case. The clerk requests the filer of the original document to refile the pleadings now that the filing parties have been added to the case. The new entries will receive new document numbers on the docket (alt)
August 29, 2011 Opinion or Order Filing 255 ERROR: FILED UNDER WRONG PARTY - MEMORANDUM in Support re #254 MOTION to Quash Subpoena of Kevin Lathrop filed by Movant Unishippers Global Logistics. (Attachments: #1 Exhibit A--Deconsolidation Order, #2 Exhibit B--Depo Excerpts, #3 Exhibit C1--Trial Transcript, #4 Exhibit C2--Trial Transcript, #5 Exhibit C3--Trial Transcript, #6 Exhibit D--Second Amended Complaint, #7 Exhibit E--Special Verdict)(Wilde, Jessica) Modified on 8/30/2011: added error text (alt)
August 29, 2011 Opinion or Order Filing 254 ERROR: FILED UNDER WRONG PARTY - MOTION to Quash Subpoena of Kevin Lathrop filed by Movant Unishippers Global Logistics. Motions referred to Paul M. Warner.(Wilde, Jessica) Modified on 8/30/2011: added error text (alt)
August 29, 2011 Opinion or Order Filing 253 ERROR: FILED UNDER WRONG PARTY - MEMORANDUM in Support re #252 MOTION to Quash Subpoena of Daniel Lockwood filed by Movant Unishippers Global Logistics. (Attachments: #1 Exhibit A--Deconsolidation Order, #2 Exhibit B--Depo Excerpts, #3 Exhibit C1--Trial Transcript, #4 Exhibit C2--Trial Transcript, #5 Exhibit C3--Trial Transcript, #6 Exhibit C4--Trial Transcript, #7 Exhibit C5--Trial Transcript, #8 Exhibit C6--Trial Transcript, #9 Exhibit C7--Trial Transcript, #10 Exhibit D--Second Amended Complaint, #11 Exhibit E--Special Verdict)(Wilde, Jessica) Modified on 8/30/2011: added error text (alt)
August 29, 2011 Opinion or Order Filing 252 ERROR: FILED UNDER WRONG PARTY - MOTION to Quash Subpoena of Daniel Lockwood filed by Movant Unishippers Global Logistics. Motions referred to Paul M. Warner.(Wilde, Jessica) Modified on 8/30/2011: added error text (alt)
August 25, 2011 Opinion or Order Filing 251 AMENDED COMPLAINT against DHL Express USA, DPWN Holdings (USA) with Jury Demand. New Plaintiffs: North Carolina Shipping Co., LLC., filed by All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
August 24, 2011 Opinion or Order Filing 250 ORDER granting #248 Motion for Leave to File 4th Amended Complaint. Signed by Magistrate Judge Paul M. Warner on 8/24/11 (alt)
August 23, 2011 Opinion or Order Filing 249 MEMORANDUM in Support re #248 MOTION for Leave to File Fourth Supplemental and Amended Complaint (unopposed) MOTION for Leave to File Fourth Supplemental and Amended Complaint (unopposed) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
August 23, 2011 Opinion or Order Filing 248 MOTION for Leave to File Fourth Supplemental and Amended Complaint (unopposed) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A. Fourth Supplemental and Amended Complaint, #2 Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
August 18, 2011 Opinion or Order Filing 247 Defendant's MOTION re #229 Reply Memorandum/Reply to Response to Motion, #209 MOTION to Expedite Consideration re Motions to Quash filed by Unishippers, Curtis and Ziegler, #218 MOTION for Joinder re #177 MOTION to Quash the Subpoena of Joseph M. Curtis, #177 MOTION to Quash the Subpoena of Joseph M. Curtis, #211 Memorandum in Opposition to Motion, #178 Memorandum in Support of Motion, (Request to Submit for Decision Motion to Quash Subpoena to Joseph M. Curtis) filed by Defendants DHL Express USA, DPWN Holdings (USA). Motions referred to Paul M. Warner.(Sjoblom, J.)
July 26, 2011 Opinion or Order Filing 246 REPLY to Response to Motion re #239 MOTION for Protective Order Regarding the Remainder of DHL's Rule 30b6 Deposition, #237 MOTION for Protective Order Regarding Timing and Location of Deposition of Charles Brewer filed by Defendant DHL Express USA. (Sjoblom, J.)
July 15, 2011 Opinion or Order Filing 245 MEMORANDUM DECISION AND ORDER granting #167 Motion for Protective Order; granting #182 Motion to Compel. Signed by Magistrate Judge Paul M. Warner on 7/15/11 (alt)
July 6, 2011 Opinion or Order Filing 244 MOTION to Expedite Relief re #239 MOTION for Protective Order Regarding the Remainder of DHL's Rule 30b6 Deposition, #237 MOTION for Protective Order Regarding Timing and Location of Deposition of Charles Brewer filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
July 6, 2011 Opinion or Order Filing 243 MEMORANDUM in Opposition re #239 MOTION for Protective Order Regarding the Remainder of DHL's Rule 30b6 Deposition, #237 MOTION for Protective Order Regarding Timing and Location of Deposition of Charles Brewer filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(McGoey, Patrick)
July 5, 2011 Opinion or Order Filing 242 REPLY to Response to Motion re #192 MOTION to Dismiss Count I of Plaintiff's Third Supplemental and Amended Complaint filed by Defendant DHL Express USA. (Maxfield, Eric)
June 29, 2011 Opinion or Order Filing 241 MEMORANDUM in Support re #239 MOTION for Protective Order Regarding the Remainder of DHL's Rule 30b6 Deposition filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A-Notice of Deposition, #2 Exhibit B-Objections and Responses to Notice of Deposition, #3 Exhibit C-June 22, 2011 Email from ASWong to PMcGoey, #4 Exhibit D-June 24, 2011 Letter from PMcGoey to ASWong, #5 Exhibit E-Second Amended Notice of Deposition)(Sjoblom, J.)
June 29, 2011 Opinion or Order Filing 240 Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 6/29/2011 re #111 Plaintiff's MOTION for Partial Summary Judgment On The Third Party Beneficiary Issue filed by All Plaintiffs Except Dandrea & KMD. The Court heard the arguments presented by counsel and took the motion under advisement. Attorney for Plaintiff: Patrick McGoey, Kyle Schonekas. Attorney for Defendant: Blaine Bernard. Court Reporter: Kelly Hicken. (kmj)
June 29, 2011 Opinion or Order Filing 239 MOTION for Protective Order Regarding the Remainder of DHL's Rule 30b6 Deposition filed by Defendant DHL Express USA. Motions referred to Paul M. Warner.(Sjoblom, J.)
June 29, 2011 Opinion or Order Filing 238 MEMORANDUM in Support re #237 MOTION for Protective Order Regarding Timing and Location of Deposition of Charles Brewer filed by Defendant DHL Express USA. (Attachments: #1 Exhibit A - Notice of Deposition, #2 Exhibit B - June 22, 2011 Email from ASWong to PMcGoey, #3 Exhibit C - June 24, 2011 Letter from PMcGoey to ASWong, #4 Exhibit D - Amended Notice of Deposition)(Sjoblom, J.)
June 29, 2011 Opinion or Order Filing 237 MOTION for Protective Order Regarding Timing and Location of Deposition of Charles Brewer filed by Defendant DHL Express USA. Motions referred to Paul M. Warner.(Sjoblom, J.)
June 22, 2011 Opinion or Order Filing 236 REPLY to Response to Motion re #198 Defendant's MOTION to Compel Certain Discovery Responses and Documents filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
June 21, 2011 Opinion or Order Filing 235 MEMORANDUM in Opposition re #192 MOTION to Dismiss Count I of Plaintiff's Third Supplemental and Amended Complaint filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McGoey, Patrick)
June 15, 2011 Opinion or Order Filing 234 WITHDRAWAL OF MOTION by Defendants DHL Express USA, DPWN Holdings (USA) re #232 *SEALED DOCUMENT* SEALED MOTION filed by DHL Express USA. (Maxfield, Eric)
June 13, 2011 Opinion or Order Filing 231 REPLY to Response to Motion re #174 MOTION to Quash the Subpoena of Unishippers Global Logistics, LLC filed by Movant Unishippers Global Logistics. (Attachments: #1 Exhibit A--Second Amended Complaint, #2 Exhibit B--Amended Notice of Deposition)(Wilde, Jessica)
June 13, 2011 Opinion or Order Filing 230 REPLY to Response to Motion re #179 MOTION to Quash the Subpoena of Theodore Zeigler filed by Movant Theodore K. Zeigler. (Attachments: #1 Exhibit A--Second Amended Complaint, #2 Exhibit B--DHL's Counterclaim, #3 Exhibit C Part 1--Clare Deposition, #4 Exhibit C Part 2--Clare Deposition, #5 Exhibit D--Clough Deposition, #6 Exhibit E--Miller Deposition, #7 Exhibit F--Order)(Wilde, Jessica)
June 13, 2011 Opinion or Order Filing 229 REPLY to Response to Motion re #177 MOTION to Quash the Subpoena of Joseph M. Curtis filed by Movant Joseph M. Curtis. (Attachments: #1 Exhibit A--Second Amended Complaint, #2 Exhibit B--Plaintiff's Second Amended Original Petition, #3 Exhibit C--DHL's Counterclaim, #4 Exhibit D Part 1--Clare Deposition, #5 Exhibit D Part 2--Clare Deposition, #6 Exhibit E--Clough Deposition, #7 Exhibit F--Miller Deposition, #8 Exhibit G--Order)(Wilde, Jessica)
June 10, 2011 Opinion or Order Filing 233 **SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT OF #232 SEALED MOTION in Limine filed by Defendant DHL Express USA (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibits 3-4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8) (alt) Modified on 6/15/2011: corrected Date Filed (alt)
June 10, 2011 Opinion or Order Filing 232 THIS MOTION WITHDRAWN PER ENTRY #234 *SEALED DOCUMENT* SEALED MOTION in Limine No. 1 filed by Defendant DHL Express USA. Motion referred to Paul M. Warner (alt) Modified on 6/17/2011 to reflect that this motion is withdrawn (ce).
June 10, 2011 Opinion or Order Modification of Docket re #233 Sealed Document. Error: Wrong file date of 6/15/11 was used. Correction: Filed date is corrected to 6/10/11. (alt)
June 8, 2011 Opinion or Order Filing 227 Plaintiff's MEMORANDUM in Opposition re #198 Defendant's MOTION to Compel Certain Discovery Responses and Documents filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A - Plaintiff's Responses to Discovery Requests, #2 Exhibit B - Correspondence dated 5/17/2011, #3 Exhibit C - Plaintiffs' Supplemental Responses to Discovery Requests, #4 Exhibit D - DHL's Responses and Objections to 3rd Set of Requests for Production of Documents, #5 Exhibit E - Correspondence dated 3/31/2011, #6 Exhibit F - Declarations of Daniel Reese, Carl Loge, Eric Smith, and Julie Fisher, #7 Exhibit G - DHL's 2nd Set of Requests for Production of Documents)(Marks, Maria)
June 8, 2011 Opinion or Order Filing 226 ANSWER to #195 Counterclaim (Second Amended) filed by All Plaintiffs Except Dandrea & KMD.(Marks, Maria)
June 7, 2011 Opinion or Order Filing 225 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Individual Service served on Gerald L. Cameron, Jr. on 5-24-11, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Maxfield, Eric)
June 6, 2011 Opinion or Order Filing 224 2ND AMENDED SCHEDULING ORDER: Discovery due by 10/3/2011. Motions due by 11/16/2011. Final Pretrial Conference set for 4/2/2012 02:30 PM in Room 220 before Judge Dale A. Kimball. 12-day Jury Trial set for 4/16/2012 08:30 AM in Room 220 before Judge Dale A. Kimball. Signed by Magistrate Judge Paul M. Warner on 6/3/11 (alt)
June 6, 2011 Opinion or Order Filing 223 ORDER granting #220 Motion for Admission Pro Hac Vice of Eliot J. Walker for DHL Express USA, DPWN Holdings. 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 6/1/11 (alt)
June 3, 2011 Opinion or Order Modification of Docket re #196 2nd Amended Counterclaim. Error: Multiple party roles and non-existent party roles were created when the counterclaims were filed incorrectly in this case. Correction: Multiple party roles and non-existent party roles have been removed, Air Express and Mississippi Express have been added as counter defendants named in the 2nd Amended Counterclaim, and all parties on the docket as of 6/3/11 should be correct per the #196 Amended Counterclaim, #155 3rd Amended Complaint, and the motions to quash filed on 5/19/11. (alt)
June 2, 2011 Opinion or Order Filing 222 Minute Order. Motion Hearing held on 6/2/2011 on various discovery related motions before Magistrate Judge Paul M. Warner: denying #109 MOTION for Discovery, finding as moot #109 MOTION for Discovery Conference filed by DPWN Holdings (USA), DHL Express USA; granting #112 MOTION for Protective Order to Preclude Discovery from the 117 Remaining Plaintiffs Until After the Phase One Trial filed by All Plaintiffs Except Dandrea & KMD; finding as moot #145 MOTION for Protective Order (Precluding Deposition of Ian Clough) filed by DPWN Holdings (USA), DHL Express USA because Defendants' counsel represented that he was not going to call Mr. Clough as a witness at trial; granting #150 Motion for Extension of Time to Complete Discovery; denying #161 MOTION to Quash Subpoena of Gerald L. Cameron filed by All Plaintiffs Except Dandrea & KMD; granting #209 Motion to Expedite Consideration re Motions to Quash filed by Unishippers, Curtis, and Ziegler filed by DPWN Holdings (USA), DHL Express USA; granting #217 Motion for Joinder re #179 MOTION to Quash the Subpoena of Theodore Zeigler filed by All Plaintiffs Except Dandrea & KMD; granting #218 Motion for Joinder re #177 MOTION to Quash the Subpoena of Joseph M. Curtis filed by All Plaintiffs Except Dandrea & KMD; granting #219 Motion for Joinder re #174 MOTION to Quash the Subpoena of Unishippers Global Logistics, LLC filed by All Plaintiffs Except Dandrea & KMD; taking under advisement #167 Motion for Protective Order(Precluding the Deposition of Scott Guilbeault) filed by All Plaintiffs Except Dandrea & KMD; taking under advisement #182 Motion to Compel Production of Documents Improperly Withheld on the Basis of Privilege filed by DPWN Holdings (USA), DHL Express USA. Written Order to follow oral order: NO. Attorney for Plaintiff: Patrick McGoey, Attorney for Defendant George Haley, Amy Rudd, Andrew Wong. Court Reporter: electronic.(Time Start: 2:07:16 PM, Time End: 3:24:48 PM, Room 246.)
June 1, 2011 Opinion or Order Filing 221 REPLY to Response to Motion re #167 MOTION for Protective Order (Precluding the Deposition of Scott Guilbeault) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A)(McGoey, Patrick)
June 1, 2011 Opinion or Order Filing 220 MOTION for Admission Pro Hac Vice of Eliot J. Walker, Registration fee $ 15, receipt number 1088-1362558, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A - Application, #2 Exhibit B - Electronic Case Registration Form, #3 Text of Proposed Order)(Benard, Blaine)
May 31, 2011 Opinion or Order Filing 219 MOTION for Joinder re #174 MOTION to Quash the Subpoena of Unishippers Global Logistics, LLC filed by Plaintiff All Plaintiffs Except Dandrea & KMD. Motions referred to Paul M. Warner.(McGoey, Patrick)
May 31, 2011 Opinion or Order Filing 218 MOTION for Joinder re #177 MOTION to Quash the Subpoena of Joseph M. Curtis filed by Plaintiff All Plaintiffs Except Dandrea & KMD. Motions referred to Paul M. Warner.(McGoey, Patrick)
May 31, 2011 Opinion or Order Filing 217 MOTION for Joinder re #179 MOTION to Quash the Subpoena of Theodore Zeigler filed by Plaintiff All Plaintiffs Except Dandrea & KMD. Motions referred to Paul M. Warner.(McGoey, Patrick)
May 31, 2011 Opinion or Order Filing 216 REPLY to Response to Motion re #161 MOTION to Quash Subpoena of Gerald L. Cameron filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(McGoey, Patrick)
May 31, 2011 Opinion or Order Filing 215 MEMORANDUM in Opposition re #182 MOTION to Compel Production of Documents Improperly Withheld on the Basis of Privilege filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(McGoey, Patrick)
May 31, 2011 Opinion or Order Filing 214 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Hand Delivery served on Agent for UPS on 5/17/2011, filed by Counter Defendant DHL Express USA, Defendant DHL Express USA, Counter Claimants DHL Express USA, DHL Express USA, DHL Express USA, DHL Express USA. (Rudd, Amy)
May 31, 2011 Opinion or Order Filing 213 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Hand Delivery served on Counsel for UPS on 5/10/2011, filed by Counter Defendant DHL Express USA, Defendant DHL Express USA, Counter Claimants DHL Express USA, DHL Express USA, DHL Express USA, DHL Express USA. (Rudd, Amy)
May 31, 2011 Opinion or Order Filing 212 Defendant's MEMORANDUM in Opposition re #159 MOTION to Quash and Objection to the Subpoena Directed to United Parcel Service, Inc., #206 MOTION to Quash DHL Express Inc.'s Subpoena Directed to United Parcel Service, Inc. filed by Defendant DHL Express USA. (Attachments: #1 Affidavit Declaration of Amy L. Rudd)(Rudd, Amy)
May 27, 2011 Opinion or Order Filing 211 MEMORANDUM in Opposition re #177 MOTION to Quash the Subpoena of Joseph M. Curtis filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
May 27, 2011 Opinion or Order Filing 210 MEMORANDUM in Opposition re #174 MOTION to Quash the Subpoena of Unishippers Global Logistics, LLC filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
May 27, 2011 Opinion or Order Filing 209 MOTION to Expedite Consideration re Motions to Quash filed by Unishippers, Curtis and Ziegler filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
May 27, 2011 Opinion or Order Filing 208 MEMORANDUM in Opposition re #179 MOTION to Quash the Subpoena of Theodore Zeigler filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit 1 - Amended Notice of Deposition of Theodore Ziegler, #2 Exhibit 2 - Amended Subpoena to Testify at a Deposition in a Civil Action to Theodore Ziegler)(Benard, Blaine)
May 27, 2011 Opinion or Order Filing 207 MEMORANDUM in Opposition re #161 MOTION to Quash Subpoena of Gerald L. Cameron filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit 1 - Amended Notice of Deposition of Gerald Cameron, #2 Exhibit 2 - Amended Subpoena to Testify at a Deposition in a Civil Case to Gerald Cameron)(Benard, Blaine)
May 27, 2011 Opinion or Order Filing 206 MOTION to Quash DHL Express Inc.'s Subpoena Directed to United Parcel Service, Inc. filed by Movant United Parcel Service, Inc.. Motions referred to Paul M. Warner.(Conroy, Dennis)
May 27, 2011 Opinion or Order Filing 205 NOTICE of Appearance by Spencer C. Siebers on behalf of United Parcel Service, Inc. (Siebers, Spencer)
May 27, 2011 Opinion or Order Filing 204 NOTICE of Appearance by Dennis J. Conroy on behalf of United Parcel Service, Inc. (Conroy, Dennis)
May 26, 2011 Opinion or Order Filing 203 AMENDED NOTICE OF HEARING: Motion Hearing set for 6/2/2011 02:00 PM in Room 477 before Magistrate Judge Paul M. Warner.(Notice generated by PMW chambers) **PLEASE NOTE TIME CHANGE** (ksm)
May 26, 2011 Opinion or Order Filing 202 ORDER denying #201 Motion to Expedite. Signed by Magistrate Judge Paul M. Warner on 05/26/2011. (asp)
May 25, 2011 Opinion or Order Filing 201 Defendant's MOTION to Expedite Consideration re DHL's Motion to Compel Certain Discovery Responses and Documents filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit [proposed] Order) Motions referred to Paul M. Warner.(Maxfield, Eric)
May 25, 2011 Opinion or Order Filing 200 AFFIDAVIT/DECLARATION of Eric G. Maxfield in Support re #198 Defendant's MOTION to Compel Certain Discovery Responses and Documents filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit DHL's 2nd R4P Docs to AEA, #2 Exhibit DHL's 2nd R4P Docs to Gulf, #3 Exhibit DHL's 2nd R4P Docs to Kasel, #4 Exhibit DHL's 2nd R4P Docs to Lake Country, #5 Exhibit DHL's 2nd Interogs to AEA, #6 Exhibit DHL's 2nd Interogs to Gulf, #7 Exhibit DHL's 2nd Interogs to Kasel, #8 Exhibit DHL's 2nd Interogs to Lake Country, #9 Exhibit AEA's Response to DHL's 2nd R4P Docs, #10 Exhibit Gulf's Response to DHL's 2nd R4P Docs, #11 Exhibit Kasel's Response to DHL's 2nd R4P Docs, #12 Exhibit Lake Country's Response to DHL's 2nd R4P Docs, #13 Exhibit AEA's Response to DHL's 2nd Interogs, #14 Exhibit Gulf's Response to DHL's 2nd Interogs, #15 Exhibit Kasel's Response to DHL's 2nd Interogs, #16 Exhibit Lake Country's Response to DHL's 2nd Interogs, #17 Exhibit April 5, 2011 Letter, #18 Exhibit April 18, 2011 Letter, #19 Exhibit May 10, 2011 Letter, #20 Exhibit May 17, 2011 Letter, #21 Exhibit May 20, 2011 Letter, #22 Exhibit January 7, 2011 Letter, #23 Exhibit January 21, 2011 Letter, #24 Exhibit Deposition Transcript Eric Smith, #25 Exhibit Deposition Transcript Daniel Reese)(Maxfield, Eric)
May 25, 2011 Opinion or Order Filing 199 Defendant's MEMORANDUM in Support re #198 Defendant's MOTION to Compel Certain Discovery Responses and Documents filed by Defendants DHL Express USA, DPWN Holdings (USA). (Maxfield, Eric)
May 25, 2011 Opinion or Order Filing 198 Defendant's MOTION to Compel Certain Discovery Responses and Documents filed by Defendants DHL Express USA, DPWN Holdings (USA). Motions referred to Paul M. Warner.(Maxfield, Eric)
May 25, 2011 Opinion or Order Filing 197 ORDER granting #191 Motion to Expedite re #167 Motion for Protective Order. Signed by Magistrate Judge Paul M. Warner on 5/25/11 (alt)
May 25, 2011 Opinion or Order Filing 196 Defendant's COUNTERCLAIM (Second Amended - Re-Filed to Properly Identify Counterclaim Defendants) against ALG Atlanta East, ALG Atlanta Metro, AMR Group, Advocate Logistics Group, Aslan Enterprises, B&B Overnight, BD Logistics, BMJ Logistics, Bayer and Bayer, Boundless Logistics, Buehler Companies, CKR Management, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, Central Jersey Shipping Solutions, Jay Chamberlain, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dabar GP, Dandrea Inc, Diamond Logistics, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Fellowshippers Inc, Freight Consultants Group, Gulf Coast Shippers Limited Partnership, HC Ware Company, Iowa Discount Shippers, J&D Logistics, JBC Logistics, JFS Logistics, JMK USA Enterprises, JMcLexpress, Jasper Enterprises, Stanley E. Jones, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Kentucky Express, Keyroc Logistics, LKO Enterprises, Lake Country Logistics, Landshire Development, Lexington Express, Michael C. Little, MDC Express, Manatee Management and Marketing, Mercari Inc, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, QSI Sales, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, Roberts Freight Consultants, Rock Solid Logistics, SR Logistics, San Jose Shippers, Sankey & Jensen, Ship4Less, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, Spirit Transport, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Synergistics Management, Syracuse Shippers, TRB Group, Transource, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Westchester, United Shippers, United Shippers Association, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, Video Co, The, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, 10YJ LLC, AEA Services, ALG Alabama, filed by DHL Express USA, DPWN Holdings (USA). (Maxfield, Eric)
May 25, 2011 Opinion or Order Set Hearing as to #167 MOTION for Protective Order (Precluding the Deposition of Scott Guilbeault) per #197 Order: Motion Hearing set for 6/2/2011 03:00 PM in Room 477 before Magistrate Judge Paul M. Warner (alt)
May 24, 2011 Opinion or Order Filing 228 **SEALED DOCUMENT** SEALED OPPOSITION TO #167 MOTION for Protective Order (Precluding the Deposition of Scott Guilbeault) filed by Defendant DHL Express USA (Attachments: #1 Exhibits A-B, #2 Exhibits C-D) (alt)
May 24, 2011 Opinion or Order Filing 195 Defendant's COUNTERCLAIM (Second Amended) against All Plaintiffs, filed by DHL Express USA, DPWN Holdings (USA). (Maxfield, Eric)
May 24, 2011 Opinion or Order Filing 194 Defendants' ANSWER to #155 Amended Complaint (Third Amended Complaint) filed by DHL Express USA, DPWN Holdings (USA).(Maxfield, Eric)
May 24, 2011 Opinion or Order Filing 193 Defendant's MEMORANDUM in Support re #192 MOTION to Dismiss Count I of Plaintiff's Third Supplemental and Amended Complaint filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit National Account Agreement, #2 Exhibit Reseller Agreement, #3 Exhibit Memorandum Decision and Order)(Maxfield, Eric)
May 24, 2011 Opinion or Order Filing 192 MOTION to Dismiss Count I of Plaintiff's Third Supplemental and Amended Complaint filed by Defendants DHL Express USA, DPWN Holdings (USA). (Maxfield, Eric)
May 24, 2011 Opinion or Order Filing 191 MOTION to Expedite consideration of Motion for Protective Order Precluding Deposition of Scott Guilbeault filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Sjoblom, J.)
May 24, 2011 Opinion or Order Filing 190 NOTICE OF CONVENTIONAL FILING of Opposition to Plaintiffs' Motion for Protective Order Precluding Deposition of Scott Guilbeault filed by Defendants DHL Express USA, DPWN Holdings (USA) (Sjoblom, J.)
May 24, 2011 Opinion or Order Filing 189 NOTICE OF HEARING ON MOTION re: #111 Plaintiff's MOTION for Partial Summary Judgment On The Third Party Beneficiary Issue : (Notice generated by Kim Jones) Motion Hearing set for 6/29/2011 at 03:00 PM in Room 220 before Judge Dale A. Kimball. (kmj)
May 23, 2011 Opinion or Order Filing 188 ORDER granting #185 Motion to Expedite Motion to Compel. Signed by Magistrate Judge Paul M. Warner on 5/23/11 (alt)
May 23, 2011 Opinion or Order Filing 187 ORDER granting #158 Motion for Admission Pro Hac Vice of Amy Rudd for Defendants. 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 5/17/11 (alt)
May 23, 2011 Opinion or Order Filing 186 ORDER granting #169 Motion for Admission Pro Hac Vice of Ellie T. Schilling for All Plaintiffs Except Dandrea & KMD. 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 5/18/11 (alt)
May 23, 2011 Opinion or Order Set Deadlines as to #182 MOTION to Compel Production of Documents Improperly Withheld on the Basis of Privilege per #188 ORDER: Motion Hearing set for 6/2/2011 03:00 PM in Room 477 before Magistrate Judge Paul M. Warner (alt)
May 20, 2011 Opinion or Order Filing 185 MOTION to Expedite Consideration re Motion to Compel Production of Documents Improperly Withheld on the Basis of Privilege filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit Proposed Order) Motions referred to Paul M. Warner.(Maxfield, Eric)
May 20, 2011 Opinion or Order Filing 184 AFFIDAVIT/DECLARATION of Amy L. Rudd in Support re #182 MOTION to Compel Production of Documents Improperly Withheld on the Basis of Privilege filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit Ex. 1 - Privilege Log, #2 Exhibit Ex. 2 - DHL's R4P to Gulf, #3 Exhibit Ex. 3 - DHL's R4P to AEA, #4 Exhibit Ex. 4 - DHL' R4P to Kasel, #5 Exhibit Ex. 5 - DHL's R4P to Lake Country, #6 Exhibit Ex. 6 - Gulf's Objections to DHL's R4P, #7 Exhibit Ex. 7 - AEA's Obj to DHL's R4P, #8 Exhibit Ex. 8 - Kasel's Obj to DHL's R4P, #9 Exhibit Ex. 9 - Lake Country's Obj to DHL's R4P, #10 Exhibit Ex. 10 - Jan. 13, 2011 letter, #11 Exhibit Ex. 11 - Jan. 7, 2011 letter, #12 Exhibit Ex. 12 - March 14, 2011 letter, #13 Exhibit Ex. 13 - April 7, 2011 letter)(Maxfield, Eric)
May 20, 2011 Opinion or Order Filing 183 MEMORANDUM in Support re #182 MOTION to Compel Production of Documents Improperly Withheld on the Basis of Privilege filed by Defendants DHL Express USA, DPWN Holdings (USA). (Maxfield, Eric)
May 20, 2011 Opinion or Order Filing 182 MOTION to Compel Production of Documents Improperly Withheld on the Basis of Privilege filed by Defendants DHL Express USA, DPWN Holdings (USA). Motions referred to Paul M. Warner.(Maxfield, Eric)
May 20, 2011 Opinion or Order Filing 181 MEMORANDUM in Opposition re #150 MOTION for Extension of Time to Complete Discovery filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A. Notices of Deposition (in globo), #2 Exhibit B. March 28, 2011 Correspondence, #3 Exhibit C. April 18, 2011 Correspondence, #4 Exhibit D. Worldwide Express Pre-Trial Order)(McGoey, Patrick)
May 19, 2011 Opinion or Order Filing 180 MEMORANDUM in Support re #179 MOTION to Quash the Subpoena of Theodore Zeigler filed by Movant Theodore K. Zeigler. (Attachments: #1 Exhibit A--Zeigler Notice of Depo, #2 Exhibit B--Zeigler Depo Part 1--Unishippers, #3 Exhibit B--Zeigler Depo Part 2--Unishippers, #4 Exhibit B--Zeigler Depo Part 3--Unishippers, #5 Exhibit C--Deconsolidation Order, #6 Exhibit C--Zeigler Depo Part 1--Falcon, #7 Exhibit D--Zeigler Depo Part 2--Falcon, #8 Exhibit E--Zeigler Depo Part 1--USS, #9 Exhibit E--Zeigler Depo Part 2--USS, #10 Exhibit F--Zeigler Subpoena)(Wilde, Jessica)
May 19, 2011 Opinion or Order Filing 179 MOTION to Quash the Subpoena of Theodore Zeigler filed by Movant Theodore K. Zeigler. Motions referred to Paul M. Warner.(Wilde, Jessica)
May 19, 2011 Opinion or Order Filing 178 MEMORANDUM in Support re #177 MOTION to Quash the Subpoena of Joseph M. Curtis filed by Movant Joseph M. Curtis. (Attachments: #1 Exhibit A--Curtis Notice of Depo, #2 Exhibit B--Curtis Depo, #3 Exhibit C--Deconsolidation Order, #4 Exhibit D--Notice of Depo and Subpoena, #5 Exhibit E--Curtis Depo Part 1, #6 Exhibit E--Curtis Depo Part 2, #7 Exhibit F--Curtis Subpoena)(Wilde, Jessica)
May 19, 2011 Opinion or Order Filing 177 MOTION to Quash the Subpoena of Joseph M. Curtis filed by Movant Joseph M. Curtis. Motions referred to Paul M. Warner.(Wilde, Jessica)
May 19, 2011 Opinion or Order Filing 176 MEMORANDUM in Support re #174 MOTION to Quash the Subpoena of Unishippers Global Logistics, LLC filed by Movant Unishippers Global Logistics. (Attachments: #1 Exhibit A--Deconsolidation Order, #2 Exhibit B--Amended Notice of Deposition of Unishippers, #3 Exhibit C--Objections and Responses to Amended Notice of Deposition, #4 Exhibit D--Curtis Depo Part 1, #5 Exhibit D--Curtis Depo Part 2, #6 Exhibit D--Curtis Depo Part 3, #7 Exhibit E--Lathrop Depo Part 1, #8 Exhibit E--Lathrop Depo Part 2, #9 Exhibit E--Lathrop Depo Part 3, #10 Exhibit E--Lathrop Depo Part 4, #11 Exhibit F--Lockwood Depo Part 1, #12 Exhibit F--Lockwood Depo Part 2, #13 Exhibit F--Lockwood Depo Part 3, #14 Exhibit F--Lockwood Depo Part 4, #15 Exhibit F--Lockwood Depo Part 5, #16 Exhibit F--Lockwood Depo Part 6, #17 Exhibit G--Leavitt Depo, #18 Exhibit H--Pannier Depo, #19 Exhibit I--Subpoena to Unishippers, #20 Exhibit J--Objections to Subpoena and Depo Topics)(Wilde, Jessica)
May 19, 2011 Opinion or Order Filing 175 NOTICE of Appearance by Lewis M. Francis on behalf of Unishippers Global Logistics (Francis, Lewis)
May 19, 2011 Opinion or Order Filing 174 MOTION to Quash the Subpoena of Unishippers Global Logistics, LLC filed by Movant Unishippers Global Logistics. Motions referred to Paul M. Warner.(Wilde, Jessica)
May 19, 2011 Opinion or Order Filing 173 NOTICE of Appearance by Jessica P. Wilde on behalf of Unishippers Global Logistics (Wilde, Jessica)
May 19, 2011 Opinion or Order Filing 172 REPLY to Response to Motion re #145 MOTION for Protective Order (Precluding Deposition of Ian Clough) (refiled to properly identify event) filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit G - Supplemental Declaration of Ian Clough, #2 Exhibit H - 30(b)(6) Deposition Notice of DPWN)(Sjoblom, J.)
May 19, 2011 Opinion or Order Filing 171 MEMORANDUM in Support re #145 MOTION for Protective Order (Precluding Deposition of Ian Clough) filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit G - Supplemental Declaration of Ian Clough, #2 Exhibit H - 30(b)(6) Deposition Notice of DPWN)(Sjoblom, J.)
May 18, 2011 Opinion or Order Filing 170 ORDER granting #163 Motion to Expedite. Signed by Magistrate Judge Paul M. Warner (alt)
May 18, 2011 Opinion or Order Filing 169 MOTION for Admission Pro Hac Vice of Ellie T. Schilling, Registration fee $ 15, receipt number 1088-1354531, filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - Electronic Case Filing Registration Form, #3 Exhibit C - Proposed Order)(Eckersley, M.)
May 18, 2011 Opinion or Order Set Hearing as to #161 MOTION to Quash Subpoena of Gerald L. Cameron per #170 Order: Motion Hearing set for 6/2/2011 03:00 PM in Room 477 before Magistrate Judge Paul M. Warner (alt)
May 17, 2011 Opinion or Order Filing 168 MEMORANDUM in Support re #167 MOTION for Protective Order (Precluding the Deposition of Scott Guilbeault) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A. Notice of Deposition of Scott Guilbeault)(McGoey, Patrick)
May 17, 2011 Opinion or Order Filing 167 MOTION for Protective Order (Precluding the Deposition of Scott Guilbeault) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A. Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
May 17, 2011 Opinion or Order Filing 166 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Testify at a Deposition (Acceptance of Service) served on Theodore K. Ziegler on 05-16-2011, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
May 17, 2011 Opinion or Order Filing 165 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Testify at a Deposition (Acceptance of Service) served on Joseph M. Curtis on 05-16-2011, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
May 17, 2011 Opinion or Order Filing 164 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena to Testify at a Deposition (Acceptance of Service) served on Unishippers Global Logistics, LLC on 05-16-2011, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
May 16, 2011 Opinion or Order Filing 163 MOTION to Expedite Hearing on #161 Plaintiff's Motion to Quash the Subpoena of Gerald L. Cameron filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick).
May 16, 2011 Opinion or Order Filing 162 MEMORANDUM in Support re #161 MOTION to Quash Subpoena of Gerald L. Cameron filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(McGoey, Patrick)
May 16, 2011 Opinion or Order Filing 161 MOTION to Quash Subpoena of Gerald L. Cameron filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
May 16, 2011 Opinion or Order Filing 160 MEMORANDUM in Support re #159 MOTION to Quash and Objection to the Subpoena Directed to United Parcel Service, Inc. filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(McGoey, Patrick)
May 16, 2011 Opinion or Order Filing 159 MOTION to Quash and Objection to the Subpoena Directed to United Parcel Service, Inc. filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A. Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
May 13, 2011 Opinion or Order Filing 158 MOTION for Admission Pro Hac Vice of Amy Rudd, Registration fee $ 15, receipt number 1088-1352095, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A-Application, #2 Exhibit B-Electronic Case Filing Registration Form, #3 Text of Proposed Order)(Maxfield, Eric)
May 12, 2011 Opinion or Order Filing 157 NOTICE OF HEARING ON MOTION re: #109 MOTION for Discovery MOTION for Discovery Conference, #150 MOTION for Extension of Time to Complete Discovery, #145 MOTION for Protective Order (Precluding Deposition of Ian Clough), #112 MOTION for Protective Order to Preclude Discovery from the 117 Remaining Plaintiffs Until After the Phase One Trial : (Notice generated by PMW chambers) Motion Hearing set for 6/2/2011 03:00 PM in Room 477 before Magistrate Judge Paul M. Warner. (ksm)
May 12, 2011 Opinion or Order Filing 156 ORDER granting #119 Motion for Hearing; granting #149 Motion to Expedite; granting #152 Motion to Expedite. Signed by Magistrate Judge Paul M. Warner on 5/12/2011. (ksm)
May 12, 2011 Opinion or Order NAME CORRECTION of Transworld Consulting Services of Winchester. Corrected Name: Transworld Consulting Services of Westchester. Refer to document number: #155 . (ce)
May 10, 2011 Opinion or Order Modification of Docket re #155 3rd Amended Complaint. Error: Document entry reads that amended complaint is filed by all plaintiffs except Dandrea and KMD; however, both Dandrea and KMD are named as plaintiffs in the pleading. Correction: Docket and case have been corrected to show both Dandrea and KMD as filers of the pending Amended Complaint and that they are still plaintiffs in the case. (alt)
May 10, 2011 Opinion or Order Filing 155 AMENDED COMPLAINT Third Supplemental and Amended Complaint against DHL Express USA, DPWN Holdings (USA) with Jury Demand. New Plaintiffs: Aslan Enterprises, Inc.., filed by All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick) Modified on 6/3/2011: entry and case corrected to show that no plaintiffs are being removed from the case (alt)
May 9, 2011 Opinion or Order Filing 154 ORDER granting #122 Motion for Leave to File Third Amended Complaint. Signed by Judge Dale A. Kimball on 5/9/11 (alt)
May 9, 2011 Opinion or Order Filing 153 ORDER granting #144 Motion for Admission Pro Hac Vice of Andrew S. Wong. 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 5/4/2011. (ce) Modified on 5/9/2011 to add PHV attorney's name (ce).
May 5, 2011 Opinion or Order Filing 152 MOTION to Expedite Consideration to Extend Discovery Deadlines filed by Defendants DHL Express USA DPWN Holdings (USA). (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Paul M. Warner.(Maxfield, Eric) Modified on 5/12/2011 to reflect that this motion is filed by DHL Express USA only (ce).
May 5, 2011 Opinion or Order Filing 151 MEMORANDUM in Support re #150 MOTION for Extension of Time to Complete Discovery filed by Defendants DHL Express USA DPWN Holdings (USA). (Maxfield, Eric) Modified on 5/12/2011 to reflect that this memorandum is filed by DHL Express USA only (ce).
May 5, 2011 Opinion or Order Filing 150 MOTION for Extension of Time to Complete Discovery filed by Defendants DHL Express USA DPWN Holdings (USA). (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Paul M. Warner.(Maxfield, Eric) Modified on 5/12/2011 to reflect that this motion is filed by DHL Express USA only (ce).
May 2, 2011 Opinion or Order Filing 149 MOTION to Expedite consideration of #145 Motion for Protective Order (Precluding Deposition of Ian Clough) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order Exhibit "A") Motions referred to Paul M. Warner.(Marks, Maria)
May 2, 2011 Opinion or Order Filing 148 MEMORANDUM in Opposition re #145 MOTION for Protective Order (Precluding Deposition of Ian Clough) filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Marks, Maria)
April 29, 2011 Opinion or Order Filing 147 NOTICE OF WITHDRAWAL OF COUNSEL of Blaine J. Benard (Khai LeQuang is withdrawing, not Blaine Benard) on behalf of DHL Express USA, DPWN Holdings (USA) (Benard, Blaine)
April 25, 2011 Opinion or Order Filing 146 MEMORANDUM in Support re #145 MOTION for Protective Order (Precluding Deposition of Ian Clough) filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A - Notice of Deposition of Ian Clough, #2 Exhibit B - Declaration of Ian Clough, #3 Exhibit C- Deconsolidation Order, #4 Exhibit D- Request for Pretrial Conference, #5 Exhibit E- Relevant pages of Ian Clough Deposition, #6 Exhibit F- Notice of 30(b)(6) Deposition of DHL)(Sjoblom, J.)
April 25, 2011 Opinion or Order Filing 145 MOTION for Protective Order (Precluding Deposition of Ian Clough) filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Sjoblom, J.)
April 22, 2011 Opinion or Order Filing 144 MOTION for Admission Pro Hac Vice of Andrew S. Wong, Registration fee $ 15, receipt number 1088-1337911, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A - Application, #2 Exhibit B - Electronic Case Registration Form, #3 Text of Proposed Order)(Benard, Blaine)
April 15, 2011 Opinion or Order Filing 143 NOTICE FROM THE COURT re #137 NOTICE of Change of Address by Blaine J. Benard (on behalf of George M. Haley); #138 NOTICE of Change of Address by Blaine J. Benard (on behalf of J. Andrew Sjoblom); #139 NOTICE of Change of Address by Blaine J. Benard (on behalf of Edwin V. Woodsome); #140 NOTICE of Change of Address by Blaine J. Benard (on behalf of William W. Oxley); #141 NOTICE of Change of Address by Blaine J. Benard (on behalf of Christopher Ruhland). PLEASE NOTE: Each attorney is responsible for filing a Notice of Appearance using their own login and password (counsel cannot file on behalf of another counsel). FYI - As the addresses and law firm information have been updated for each of these attorneys, there is nothing further to do re: these entries (this information is for reference for future filings). (ce)
April 14, 2011 Opinion or Order Filing 142 NOTICE of Appearance by Eric G. Maxfield on behalf of DHL Express USA, DPWN Holdings (USA) (Maxfield, Eric)
April 14, 2011 Opinion or Order Filing 141 NOTICE of Change of Address by Blaine J. Benard (on behalf of Christopher Ruhland) (Benard, Blaine)
April 14, 2011 Opinion or Order Filing 140 NOTICE of Change of Address by Blaine J. Benard (on behalf of William W. Oxley) (Benard, Blaine)
April 14, 2011 Opinion or Order Filing 139 NOTICE of Change of Address by Blaine J. Benard (on behalf of Edwin V. Woodsome) (Benard, Blaine)
April 14, 2011 Opinion or Order Filing 138 NOTICE of Change of Address by Blaine J. Benard (on behalf of J. Andrew Sjoblom) (Benard, Blaine)
April 14, 2011 Opinion or Order Filing 137 NOTICE of Change of Address by Blaine J. Benard (on behalf of George M. Haley) (Benard, Blaine)
April 14, 2011 Opinion or Order Filing 136 NOTICE of Change of Address by Blaine J. Benard (Benard, Blaine)
April 1, 2011 Opinion or Order Filing 135 REPLY to Response to Motion re #122 MOTION for Leave to File Third Supplemental and Amended Complaint filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
March 28, 2011 Opinion or Order Filing 134 AFFIDAVIT of Jonathan Riddell re #133 Memorandum in Opposition to Motion filed by DHL Express USA. (Benard, Blaine)
March 28, 2011 Opinion or Order Filing 133 MEMORANDUM in Opposition re #122 MOTION for Leave to File Third Supplemental and Amended Complaint filed by Defendant DHL Express USA. (Benard, Blaine)
March 28, 2011 Opinion or Order Filing 132 NOTICE of Change of Address by Blaine J. Benard (Benard, Blaine)
March 21, 2011 Opinion or Order Filing 131 REPLY to Response to Motion re #111 Plaintiff's MOTION for Partial Summary Judgment On The Third Party Beneficiary Issue filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, Part 1, #5 Exhibit D, Part 2, #6 Exhibit D, Part 3, #7 Exhibit D, Part 4)(McGoey, Patrick)
March 17, 2011 Opinion or Order Filing 130 ORDER for Extension of Time re #122 MOTION for Leave to File Third Supplemental and Amended Complaint. Signed by Judge Dale A. Kimball on 3/17/11 (alt)
March 16, 2011 Opinion or Order Filing 129 STIPULATION re #122 MOTION for Leave to File Third Supplemental and Amended Complaint by DHL Express USA. (Attachments: #1 Text of Proposed Order)(Sjoblom, J.)
March 7, 2011 Opinion or Order Filing 126 ORDER granting #124 Motion for Extension of Time to File Response/Reply re #111 MOTION for Partial Summary Judgment On The Third Party Beneficiary Issue: Reply Memo due by 3/21/2011. Signed by Magistrate Judge Paul M. Warner on 3/7/11 (alt)
March 4, 2011 Opinion or Order Filing 124 Stipulated MOTION for Extension of Time to File Response/Reply as to #111 Plaintiff's MOTION for Partial Summary Judgment On The Third Party Beneficiary Issue, #121 Affidavit/Declaration in Opposition to Motion, filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
March 2, 2011 Opinion or Order Filing 123 MEMORANDUM in Support re #122 MOTION for Leave to File Third Supplemental and Amended Complaint filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
March 2, 2011 Opinion or Order Filing 122 MOTION for Leave to File Third Supplemental and Amended Complaint filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
February 28, 2011 Opinion or Order Filing 128 **SEALED DOCUMENT** SEALED DECLARATION IN OPPOSITION TO #111 Plaintiff's MOTION for Partial Summary Judgment On The Third Party Beneficiary Issue, filed by Defendant DHL Express USA (oversized document not scanned - will be kept in permanent storage) (alt)
February 28, 2011 Opinion or Order Filing 127 **SEALED DOCUMENT** SEALED OPPOSITION TO #111 Plaintiff's MOTION for Partial Summary Judgment On The Third Party Beneficiary Issue filed by Defendant DHL Express USA (oversized document is not scanned - will be kept in permanent storage) (alt)
February 28, 2011 Opinion or Order Filing 125 **SEALED DOCUMENT** SEALED REQUEST FOR JUDICIAL NOTICE in Opposition to #111 Plaintiff's MOTION for Partial Summary Judgment On The Third Party Beneficiary Issue, filed by Defendants DHL Express USA, DPWN Holdings (USA) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (alt)
February 28, 2011 Opinion or Order Filing 121 AFFIDAVIT/DECLARATION of Khai LeQuang in Opposition re #111 Plaintiff's MOTION for Partial Summary Judgment On The Third Party Beneficiary Issue filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit 1: 1st Set of Global Interrogatories to Plaintiffs, #2 Exhibit 2-1st Set of Global Requests for Admission to Plaintiffs, #3 Exhibit 3-1st Set of Global Requests for Production of Documents to Plaintiff)(Benard, Blaine)
February 28, 2011 Opinion or Order Filing 120 REPLY to Response to Motion re #112 MOTION for Protective Order to Preclude Discovery from the 117 Remaining Plaintiffs Until After the Phase One Trial filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McGoey, Patrick)
February 21, 2011 Opinion or Order Filing 119 MOTION for Hearing re #109 MOTION for Discovery MOTION for Discovery Conference (for oral argument on: Defendants' Motion to Adopt Discovery Plan or, Alternatively, For a Discovery Conference) filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
February 18, 2011 Opinion or Order Filing 118 MEMORANDUM in Opposition re #112 MOTION for Protective Order to Preclude Discovery from the 117 Remaining Plaintiffs Until After the Phase One Trial filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit B: Global Discovery Requests)(Benard, Blaine)
February 18, 2011 Opinion or Order Filing 117 REPLY to Response to Motion re #109 MOTION for Discovery MOTION for Discovery Conference filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit B: Global Discovery Requests)(Benard, Blaine)
February 18, 2011 Opinion or Order Filing 116 MEMORANDUM in Support re #115 MOTION for Leave to File Supplemental Complaint to Plaintiffs' Second Supplemental and Amended Complaint filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
February 18, 2011 Opinion or Order Filing 115 MOTION for Leave to File Supplemental Complaint to Plaintiffs' Second Supplemental and Amended Complaint filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A. Supplemental Complaint to Plaintiffs' Second Supplemental and Amended Complaint, #2 Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
February 14, 2011 Opinion or Order Modification of Docket re #109 MOTION for Discovery MOTION for Discovery Conference. Error: Motion requesting two possible reliefs was filed with only one relief selected. Correction: Second relief has been added to the motion, unnecessary text struck out and text corrected in related entries supporting #110 and opposing #114 the motion. (alt)
February 4, 2011 Opinion or Order Filing 114 MEMORANDUM in Opposition re #109 MOTION for Discovery MOTION for Discovery Conference filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick) Modified on 2/14/2011: corrected text to match corrected motion (alt)
February 1, 2011 Opinion or Order Filing 113 MEMORANDUM in Support re #112 MOTION for Protective Order to Preclude Discovery from the 117 Remaining Plaintiffs Until After the Phase One Trial filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(McGoey, Patrick)
February 1, 2011 Opinion or Order Filing 112 MOTION for Protective Order to Preclude Discovery from the 117 Remaining Plaintiffs Until After the Phase One Trial filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick)
January 27, 2011 Opinion or Order Filing 111 Plaintiff's MOTION for Partial Summary Judgment On The Third Party Beneficiary Issue filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(McGoey, Patrick)
January 21, 2011 Opinion or Order Filing 110 MEMORANDUM in Support re #109 MOTION for Discovery MOTION for Discovery Conference filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit 1 - 12-15-10 Transcript of Hearing, #2 Exhibit 2 - 12-23-2010 Letter to Patrick McGoey re discovery, #3 Exhibit 3 - Plaintiff's Proposed Discovery Plan, #4 Exhibit 4 - 1-4-2011 Letter to Patrick McGoey regarding Discovery Plan, #5 Exhibit 5 - 1-4-2011 Letter from Patrick McGoey regarding Discovery Plan, #6 Exhibit 6 - Defendants' discovery requests)(Benard, Blaine) Modified on 2/14/2011: corrected text to match corrected motion (alt)
January 21, 2011 Opinion or Order Filing 109 MOTION for Discovery (Motion to Adopt Discovery Plan or, Alternatively, for a Discovery Conference) filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine). Added MOTION for Discovery Conference on 2/14/2011; struck out excess text (alt)
December 23, 2010 Opinion or Order Filing 108 Plaintiff's RESPONSE re #105 Scheduling Order,, Proposed Discovery Plan for Phase One Trial filed by All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
December 16, 2010 Opinion or Order Filing 107 NOTICE of Appearance by J. Andrew Sjoblom on behalf of DHL Express USA (Sjoblom, J.)
December 16, 2010 Opinion or Order Filing 106 NOTICE of Appearance by George M. Haley on behalf of DHL Express USA (Haley, George)
December 16, 2010 Opinion or Order Filing 105 AMENDED SCHEDULING ORDER: Fact Discovery due by 6/10/2011. Expert Discovery due by 7/1/2011. Motions due by 7/29/2011. Final Pretrial Conference set for 1/4/2012 02:30 PM in Room 220 before Judge Dale A. Kimball. 12 day Jury Trial set to begin 1/17/2012 08:30 AM in Room 220 before Judge Dale A. Kimball. See Order for more deadlines. Signed by Magistrate Judge David Nuffer on 12/15/2010. (rlr)
December 15, 2010 Opinion or Order Filing 104 Modification of Docket: Error: 102. Minute Entry #102 was docketed in error on this case. Please disregard. (tab)
December 15, 2010 Opinion or Order Filing 102 Entry Error Entered on Wrong Case Minute Entry for proceedings held before Magistrate Judge David Nuffer: Initial Pretrial Conference held on 12/15/2010. After a discussion with counsel and Ms. Mansfeld, the court set dates in this case. Ms. Mansfeld is to notify the court NLT 01/07/11 of defendants request for bench or jury trial. Ms. Ryon is directed to submit a proposed scheduling order. Attorney for Plaintiff: Larry Garrett, Esq; Rebecca Ryon, Esq., Attorney for Defendant: Linda Mansfeld, Pro Se. (via phone) Court Reporter: liberty court recorder.(Time Start: 10:28, Time End: 11:48, Room 477.) (tab) Modified on 12/15/2010 (tab).
December 15, 2010 Opinion or Order Filing 101 Minute Entry for proceedings held before Magistrate Judge David Nuffer: Scheduling Conference held on 12/15/2010. The court has recently granted the motion for separate trials. Status reports have been received by the court. Afer a discussion with counsel, the court sets dates and will issue a scheduling order forthwith. Attorney for Plaintiff: Patrick McGoey, Esq; Maria Marks, Esq., Attorney for Defendant: George Haley, Esq; Khai Lequang, Esq; William Oxley, Esq. Court Reporter: libert court recorder.(Time Start: 9:36, Time End: 10:15, Room 477.) (tab)
December 14, 2010 Opinion or Order Filing 100 ORDER granting #81 Motion for Separate Trials ; granting #81 Motion to Stay. Signed by Magistrate Judge David Nuffer on 12/14/2010. (asp)
December 14, 2010 Opinion or Order Filing 99 ORDER REFERRING MOTION #81 MOTION for Separate Trials Pursuant to FRCP 42 and Stay of Discovery filed by All Plaintiffs Except Dandrea & KMD. This motion is referred to Magistrate Judge David Nuffer, pursuant to 28 U.S.C. 636(b)(1)(A). Signed by Judge Dale A. Kimball on 12/14/2010. (awm)
December 13, 2010 Opinion or Order Filing 97 **SEALED DOCUMENT**. (tab) Modified on 12/13/2010 (tab). (Parties' submissions on December 8, 2010 regarding expenses pursuant to notice (84) dated November 8, 2010.
December 9, 2010 Opinion or Order Filing 96 EXHIBITS filed by DHL Express USA, DPWN Holdings (USA) re #95 Status Report. (Benard, Blaine)
December 8, 2010 Opinion or Order Filing 95 STATUS REPORT Status Conference Statement pursuant to Court's November 14, 2010 Order by DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
December 8, 2010 Opinion or Order Filing 94 REPLY to Response to Motion re #81 MOTION for Separate Trials Pursuant to FRCP 42 and Stay of Discovery -Oral Argument Requested MOTION to Stay filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
December 8, 2010 Opinion or Order Filing 93 STATUS REPORT for December 15, 2010 Conference by All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit)(McGoey, Patrick)
November 29, 2010 Opinion or Order Filing 92 AFFIDAVIT of Jonathan G. Riddell in Support of #91 Memorandum in Opposition re #81 MOTION for Separate Trials Pursuant to FRCP 42 and Stay of Discovery -Oral Argument Requested MOTION to Stay filed by Counter Defendant DHL Express USA, Defendant DPWN Holdings (USA). (Benard, Blaine) Modified on 11/30/2010 to add information re linking this affidavit to #91 Memorandum (ce).
November 29, 2010 Opinion or Order Filing 91 MEMORANDUM in Opposition re #81 MOTION for Separate Trials Pursuant to FRCP 42 and Stay of Discovery -Oral Argument Requested MOTION to Stay filed by Counter Defendant DHL Express USA, Defendant DPWN Holdings (USA). (Benard, Blaine)
November 16, 2010 Opinion or Order Filing 90 DOCKET TEXT ORDER granting #88 Motion for Extension of Time to File Response/Reply re #81 MOTION for Separate Trials Pursuant to FRCP 42 and Stay of Discovery. Defendants' response due by 11/29/2010, Plaintiffs' reply due by 12/10/2010. Signed by Magistrate Judge Paul M. Warner on 11/16/2010. No attached document. (srs)
November 16, 2010 Opinion or Order Filing 89 DOCKET TEXT ORDER No attached document. The Court GRANTS the request to extend deadline for filing statements regarding matters that will be addressed at scheduling conference now set for 12/15/2010 @ 9:30 a.m. Counsel are directed to file their statements by 12/08/2010. PLEASE NOTE THAT THE SCHEDULING CONFERENCE SET FOR 12/15/2010 WILL BE HELD AT 9:30 A.M. INSTEAD OF 9:00 A.M. DUE TO A CONFLICT IN THE COURT'S CALENDAR. Signed by Magistrate Judge David Nuffer on 11/16/2010. (tab)
November 16, 2010 Opinion or Order Set/Reset Hearings: Scheduling Conference set for 12/15/2010 09:30 AM in Room 477 before Magistrate Judge David Nuffer. (tab)
November 15, 2010 Opinion or Order Filing 88 MOTION for Extension of Time to File Response/Reply as to #81 MOTION for Separate Trials Pursuant to FRCP 42 and Stay of Discovery -Oral Argument Requested MOTION to Stay filed by Counter Claimant DHL Express USA. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(Benard, Blaine)
November 15, 2010 Opinion or Order Filing 87 AMENDED NOTICE OF HEARING: (Notice generated by Theresa Brown) Scheduling Conference set for 12/15/2010 09:00 AM in Room 477 before Magistrate Judge David Nuffer. (The court continues scheduling conference set for 11/17/2010 @ 9:00 a.m. to 12/15/2010 @ 9:00 a.m. per stipulation of counsel.) (tab)
November 15, 2010 Opinion or Order Filing 86 DOCUMENTS LODGED consisting of Email requesting scheduling conference set for 11/17/2010 be continued until 12/15/10.. (tab)
November 14, 2010 Opinion or Order Filing 85 NOTICE FROM THE COURT regarding status hearing November 17, 2010. See notice for details. (DN)
November 8, 2010 Opinion or Order Filing 84 STATUS REPORT (Second Joint Status Report) by All Plaintiffs Except Dandrea & KMD, DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A. Plaintiffs' Proposed Scheduling Order for Separate Trials, Phase 1, #2 Exhibit B. Plaintiffs' Proposed Scheduling Order for One Trial)(McGoey, Patrick)
November 4, 2010 Opinion or Order Filing 83 DECLARATION of Patrick S. McGoey re #81 MOTION for Separate Trials Pursuant to FRCP 42 and Stay of Discovery -Oral Argument Requested MOTION to Stay Discovery filed by All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A)(McGoey, Patrick)
October 29, 2010 Opinion or Order Filing 82 MEMORANDUM in Support re #81 MOTION for Separate Trials Pursuant to FRCP 42 and Stay of Discovery -Oral Argument Requested filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
October 29, 2010 Opinion or Order Filing 81 MOTION for Separate Trials Pursuant to FRCP 42 and Stay of Discovery -Oral Argument Requested filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(McGoey, Patrick). Added MOTION to Stay Discovery on 11/2/2010 (ce).
September 2, 2010 Opinion or Order Filing 80 DOCKET TEXT ORDER re #79 Order Regarding Schedule. The September 7-10 deadline for Depositions of Selected Plaintiffs is STRICKEN. The deadline for all Phase I depositions is October 29, 2010. No attached document. Signed by Magistrate Judge David Nuffer on September 2, 2010. (DN)
September 1, 2010 Opinion or Order Filing 79 ORDER Regarding Schedule: Further Scheduling Conference set for 11/17/2010 09:00 AM in Room 477 before Magistrate Judge David Nuffer. Signed by Magistrate Judge David Nuffer on 9/1/10 (alt)
September 1, 2010 Opinion or Order Remark: no hard copy of #79 Order was sent to unrepresented defendants who may not appear pro se in this case (alt)
August 27, 2010 Opinion or Order Filing 78 STATUS REPORT by All Plaintiffs Except Dandrea & KMD, DHL Express USA, DPWN Holdings (USA). (McCray, Katherine)
August 18, 2010 Opinion or Order Filing 77 NOTICE FROM THE COURT re 56 Pretrial Conference - Initial.The magistrate judge who is scheduling this case has received emails from counsel regarding the status report due August 27, 2010 and the scheduling conference set September 15, 2010. Those emails are attached to this docket entry. The order #64 dated June 10, 2010 contemplated completion of an initial phase of discovery well before August 27, 2010. From the emails, it appears the depositions and written discovery including production of documents will not not completed sufficient time before August 27, 2010 to permit a comprehensive report on the first phase of discovery. If that is the case the magistrate judge will require further reports and will strike the hearing set September 15, 2010 after reviewing the August 27th report. The parties shall file the status report as ordered, specifically reporting on the status of written discovery and depositions authorized by the June 10th order, and outlining any areas of dispute between the parties. August 18, 2010. David Nuffer (DN)
August 9, 2010 Opinion or Order Filing 76 ANSWER to #73 Counterclaim and Affirmative Defenses filed by All Plaintiffs Except Dandrea & KMD.(McGoey, Patrick)
August 4, 2010 Opinion or Order Filing 75 ORDER granting #74 Motion for Admission Pro Hac Vice of Ian Lewis Atkinson for All Plaintiffs Except Dandrea & KMDAttorneys 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 08/04/2010. (kpf) Modified by adding PHV attorney name on 8/4/2010 (rks).
August 3, 2010 Opinion or Order Filing 74 MOTION for Admission Pro Hac Vice of Ian Lewis Atkinson, Registration fee $ 15, receipt number 1088-1168240, filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Exhibit A - Application for Pro Hac Vice Admission, #2 Exhibit B - Electronic Case Filing Registration, #3 Text of Proposed Order)(Eckersley, M.)
July 30, 2010 Opinion or Order Modification of Docket re #73 Counterclaim. Error: Counterclaim was filed by and against the same party, DHL Express USA. Correction: Entry text has been corrected to indicate which plaintiffs the claims should have been filed against. Further corrections were not made to entry as a 2nd Amended Counterclaim was filed on 5/25/11. (alt)
July 30, 2010 Opinion or Order Filing 73 COUNTERCLAIM (First Amended Counterclaims) against DHL Express USA, filed by DHL Express USA. (Benard, Blaine) Modified on 6/3/2011: Counterclaims should have been filed against all plaintiffs except Action Freight Systems, ALG Atlanta Southeast, Tennessee Express, Dupage Air Express, KMD, Philadelphia Shipping Solutions, Uni-Com Logistics,and BD Logistics (alt)
July 30, 2010 Opinion or Order Filing 72 ANSWER to #67 Amended Complaint, (Second Supplemental and Amended Complaint) filed by DHL Express USA, DPWN Holdings (USA).(Benard, Blaine)
July 27, 2010 Opinion or Order Filing 71 PROTECTIVE ORDER. Signed by Magistrate Judge Paul M. Warner on 07/27/2010. (kpf)
July 23, 2010 Opinion or Order Filing 70 Joint MOTION for Protective Order filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (Attachments: #1 Text of Proposed Order) Motions referred to Paul M. Warner.(McCray, Katherine)
July 16, 2010 Opinion or Order Filing 69 ORDER granting #68 Motion for Admission Pro Hac Vice of Maria Garcia Marks for All Plaintiffs Except Dandrea & KMDAttorneys 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 07/16/2010. (kpf) Modified by adding the name of the attorney and parties represented on 7/19/2010 (rks).
July 15, 2010 Opinion or Order Filing 68 MOTION for Admission Pro Hac Vice of Maria Garcia Marks, Registration fee $ 15, receipt number 1088-1155905, filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (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.)
July 13, 2010 Opinion or Order Filing 67 AMENDED COMPLAINT (SECOND SUPPLEMENTAL AND AMENDED COMPLAINT) against DHL Express USA, DPWN Holdings (USA) with Jury Demand. New Plaintiffs: Lexington Express, Inc.; Mississippi Express, Inc.; Tennessee Express, Inc.; Kentucky Express, Inc.; Ship4Less, L.L.C.; QSI Sales,L.L.C.; Synergistics Management, L.L.C.; and BD Logistics, Inc.., filed by All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
June 23, 2010 Opinion or Order Filing 66 ORDER granting #55 Motion for Leave to File second supplemental and amended complaint. Signed by Magistrate Judge Paul M. Warner on 06/23/2010. (kpf)
June 14, 2010 Opinion or Order Filing 65 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiff All Plaintiffs Except Dandrea & KMD. (McGoey, Patrick)
June 11, 2010 Opinion or Order Set/Reset Hearings: Status Conference set for 9/15/2010 at 09:30 AM in Room 477 before Magistrate Judge David Nuffer. (kpf)
June 10, 2010 Opinion or Order Filing 64 SCHEDULING ORDER: Amended Pleadings due by 8/27/2010. Joinder of Parties due by 8/27/2010. Status Conference set for 9/15/2010 at 09:30 AM in Room 220 before Judge David Nuffer. At this time the Court shall issue a full Scheduling Order to govern the process of this case. Signed by Magistrate Judge David Nuffer on 06/10/2010. Docket entry modified to show that the status hearing is in front of Judge Nuffer. (kpf) Modified on 6/11/2010 (kpf).
June 4, 2010 Opinion or Order Filing 63 NOTICE FROM THE COURT re #59 Order on Motion to Withdraw. Pro Hac Vice Counsel Kyle Schoenakas, Patrick S. McGoey, Andrea V. Timpa and Katherine McCray as well as local counsel M. David Eckersley have withdrawn from the case for plaintiffs Dandrea and KMD only. They will continue to represent the remaining plaintiffs. Future filings for the plaintiffs should indicate in the docket text that counsel are representing all plaintiffs with the exception of Dandrea and KMD. (ce)
June 2, 2010 Opinion or Order Filing 62 ORDER RE: Order Granting Motion for Leave to Withdraw as Counsel for Recorder for Dandrea Inc and KMD Inc. It is hereby ordered that they have until June 30, 2010 to notify the court of their new counsel. See order for detail. Signed by Judge Dale A. Kimball on 06/02/2010. (kpf)
June 2, 2010 Opinion or Order Filing 61 ORDER RE: Order vacating May 28, 2010 Order re #59 Order on Motion to Withdraw. It is hereby ordered that the court VACATES its May 28, 2010 Order which was entered on June 1, 2010. The court will immediately enter a revised order. Signed by Judge Dale A. Kimball on 06/02/2010. (kpf)
June 2, 2010 Opinion or Order Filing 60 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 06/02/10. (abr)
June 1, 2010 Opinion or Order Filing 59 ORDER granting #58 Motion to Withdraw/Leave to withdraw as counsel of record for Dandrea Inc and KMD Inc. Signed by Judge Dale A. Kimball on 05/28/2010. (kpf)
May 27, 2010 Opinion or Order Filing 58 MOTION to Withdraw as Counsel of Record for Dandrea, Inc. and KMD, Inc. filed by Plaintiff All Plaintiffs. (Attachments: #1 Exhibit A - 5-20-10 Letter from McGoey to Dandrea, #2 Text of Proposed Order)(Eckersley, M.)
May 26, 2010 Opinion or Order Filing 57 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 9/15/2010 09:30 AM in Room 477 before Magistrate Judge David Nuffer. (tab)
May 26, 2010 Opinion or Order Filing 56 Minute Entry for proceedings held before Magistrate Judge David Nuffer: Initial Pretrial Conference held on 5/26/2010. This is a case involving 115 plaintiffs. The court will permit defendants to take depositions and conduct written discovery of four plaintiffs. The court directs counsel to file a status report by 8/27/10 regarding depositions on each side that will need to be taken. The court sets hearing for 09/15/10 @ 9:30 a.m. to review the discovery plans re: depositions for each side. No general discovery will be allowed (except for the four designated plaintiffs). Defendants are to identify four designated plaintiffs by 6/4/10. Plaintiffs to respond by 06/11/2010. Counsel for plaintiff to prepare order. Attorney for Plaintiff: Patrick McGoey, Esq; Katie McCray, Esq., Attorney for Defendant Barclay Edmundson, Esq; Blaine Benard, Esq. Court Reporter: liberty court recorder.(Time Start: 10:59, Time End: 11:29, Room 477.) (tab)
May 26, 2010 Opinion or Order Filing 55 MOTION for Leave to File Second Supplemental and Amended Complaint filed by Plaintiff All Plaintiffs. (Attachments: #1 Exhibit "A", Second Supplemental and Amended Complaint, #2 Memorandum in Support of Motion for Leave to File Second Supplemental and Amended Complaint, #3 Text of Proposed Order)(McGoey, Patrick) Modified by removing term date since motion has not been ruled on on 6/23/2010 (rks).
May 26, 2010 Opinion or Order Filing 54 ANSWER to #48 Counterclaim and Affirmative Defenses filed by All Plaintiffs.(McGoey, Patrick)
May 26, 2010 Opinion or Order Filing 53 MOTION to Withdraw as Attorney (Kyle Schonekas, Patrick McGoey, Katherine McCray, and Andrea Timpa of Schonekas, Winsberg, Evans & McGoey, LLC) filed by Plaintiffs KMD Inc, Dandrea Inc. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(McGoey, Patrick)
May 5, 2010 Opinion or Order Filing 52 AMENDED NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 5/26/2010 11:00 AM in Room 477 before Magistrate Judge David Nuffer. PLEASE NOTE CHANGE IN DATE DUE TO CONFLICT IN COURT CALENDAR. (tab)
April 12, 2010 Opinion or Order Filing 51 ORDER granting #50 Motion for Extension of Time to File Response/Reply. It is hereby ordered that Plaintiffs may have an extension of time to and including May 26, 2010 in which to file an answer or otherwise plead in response to Defendant DHL Express Incs Counterclaims in the above referenced action. Signed by Judge Dale A. Kimball on 04/12/2010. (kpf)
April 9, 2010 Opinion or Order Filing 50 Stipulated MOTION for Extension of Time to File Response/Reply as to #48 Counterclaim or Otherwise Plead filed by Counter Claimant DHL Express USA, Counter Defendant All Plaintiffs. (Attachments: #1 Proposed Order)(McCray, Katherine)
April 6, 2010 Opinion or Order Filing 49 REPORT OF ATTORNEY PLANNING MEETING. (McCray, Katherine)
April 1, 2010 Opinion or Order Filing 48 Defendant's COUNTERCLAIM against all plaintiffs, filed by DHL Express USA. (Benard, Blaine)
March 8, 2010 Opinion or Order Filing 47 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov30 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 5/19/2010 11:00 AM in Room 477 before Magistrate Judge David Nuffer. (tab)
March 3, 2010 Opinion or Order Filing 46 ANSWER to #29 Amended Complaint filed by DHL Express USA. Per chambers. This document did not get filed in this case when it was consolidated with 2:08cv894.(kpf)
January 27, 2010 Opinion or Order Filing 45 ORDER RE: Scheduling issues and deconsolidation of case no. 2:09cv00221. 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. Counsel in the Unishippers Case (Case No. 2:08cv894) shall permit counsel in the Franchisee Case (Case No. 2:09cv221) to participate in any deposition involving any individual whose testimony is relevant to the Franchisee Case. Signed by Judge Dale A. Kimball on 01/26/2010. (kpf)
October 14, 2009 Opinion or Order Judge Dale A. Kimball added. Judge Bruce S. Jenkins no longer assigned to case per consolidation. (rak)
October 14, 2009 Opinion or Order Filing 43 ORDER denying #31 Motion to Dismiss Counts 1-VII of Plaintiff's First Amended Complaint on Preemption and Other Grounds. Defendants have 20 days, or until October 29, 2009 to answer plaintiff's amended complaint. The court orders this case to be consolidated with 2:08cv00894DAK. Signed by Judge Bruce S. Jenkins on 10/14/2009. (ce)
October 14, 2009 Opinion or Order Filing 41 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/09/2009 - Motion Hearing before Judge Bruce S. Jenkins. Court Reporter/Transcriber Ed Young, Telephone number (801) 328-3202. 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 11/4/2009. Redacted Transcript Deadline set for 11/16/2009. Release of Transcript Restriction set for 1/12/2010. (rak) Modified by removing restricted text on 1/12/2010 (rgj).
October 9, 2009 Opinion or Order Filing 44 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 10/9/2009.Argument & discussion heard. Crt recesses 10:45 AM, reconvenes 11:00 AM. Argument & discussion continues. Crt rules:- Denies, motion to dismiss & preemption.- Consolidates this case no. 2:09-cv-221 BSJ, into the lower case no. 2:08-cv-894 DAK.Pla cnsl to prepare & submit order on motion & order on consolidation. re #31 MOTION to Dismiss Counts I thru VII of the First Amended Complaint filed by DPWN Holdings (USA), DHL Express USA. Attorney for Plaintiff: M. David Eckersley, Patrick S. McGoey, Kyle D. Schonekas, Attorney for Defendant Blaine J. Benard, D. Barclay Edmundson. Court Reporter: Ed Young.(Time Start: 10:00 AM, Time End: 11:45 AM, Room 420.) (mrw)
October 5, 2009 Opinion or Order Filing 40 ORDER FOR PRO HACE VICE ADMISSION AND CONSENT OF LOCAL COUNSEL- granting #38 Motion for Admission Pro Hac Vice of William Oxley for DHL Express USA. 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 Bruce S. Jenkins on 10/5/09. (jmr)
October 2, 2009 Opinion or Order Filing 39 AMENDED NOTICE OF HEARING ON MOTION re: #31 MOTION to Dismiss Counts I thru VII of the First Amended Complaint : Motion Hearing set for 10/9/2009 10:00 AM in Room 420 before Judge Bruce S. Jenkins. PLEASE NOTE: CHANGE IN TIME ONLY (10:00 A.M.) (kms)
October 2, 2009 Opinion or Order Filing 38 MOTION for Admission Pro Hac Vice of William Oxley, Registration fee $ 15, receipt number 10880000000000975456, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Benard, Blaine) Modified name attachment from Errata to Exhibit on 10/5/2009 (rak).
September 28, 2009 Opinion or Order Filing 37 REPLY to Response to Motion re #31 MOTION to Dismiss Counts I thru VII of the First Amended Complaint filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A)(Benard, Blaine)
September 11, 2009 Opinion or Order Filing 36 MEMORANDUM in Opposition re #31 MOTION to Dismiss Counts I thru VII of the First Amended Complaint filed by Plaintiffs JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, All Plaintiffs, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress, AEA Services. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McGoey, Patrick)
August 17, 2009 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time to Answer re #29 Amended Complaint. Defendants are granted an extension of time to respond to Count IX of the First Amended Complaint until twenty days after this Court rules upon Defendants' Motion to Dismiss. Signed by Judge Bruce S. Jenkins on 8/13/09. (las)
August 12, 2009 Opinion or Order Filing 34 Stipulated MOTION for Extension of Time to File Answer re #29 Amended Complaint,,,,,,,,, regarding Count IX filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Text of Proposed Order)(Benard, Blaine)
August 11, 2009 Opinion or Order Filing 33 NOTICE OF HEARING ON MOTION re: #31 MOTION to Dismiss Counts I thru VII of the First Amended Complaint : Motion Hearing set for 10/9/2009 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
August 10, 2009 Opinion or Order Filing 32 MEMORANDUM in Support re #31 MOTION to Dismiss Counts I thru VII of the First Amended Complaint filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
August 10, 2009 Opinion or Order Filing 31 MOTION to Dismiss Counts I thru VII of the First Amended Complaint filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
August 10, 2009 Opinion or Order Filing 30 WITHDRAWAL OF MOTION by Defendants DHL Express USA, DPWN Holdings (USA) re #15 MOTION to Dismiss filed by DPWN Holdings (USA), DHL Express USA. (Benard, Blaine)
July 21, 2009 Opinion or Order Filing 29 AMENDED COMPLAINT against all defendants with Jury Demand., filed by JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, All Plaintiffs, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress, AEA Services. (McGoey, Patrick)
June 15, 2009 Opinion or Order Filing 28 REPLY to Response to Motion re #15 MOTION to Dismiss filed by Defendant DHL Express USA. (Benard, Blaine)
May 27, 2009 Opinion or Order Filing 27 MEMORANDUM in Opposition re #15 MOTION to Dismiss filed by Plaintiffs JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, All Plaintiffs, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress, AEA Services. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(McGoey, Patrick)
May 18, 2009 Opinion or Order Filing 26 AMENDED NOTICE OF HEARING ON MOTION re: #15 MOTION to Dismiss : Motion Hearing set for 8/14/2009, at 09:30 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
May 4, 2009 Opinion or Order Filing 25 NOTICE OF HEARING ON MOTION re: #15 MOTION to Dismiss : Motion Hearing set for 5/29/2009 10:00 AM in Room 420 before Judge Bruce S. Jenkins. (kms)
April 29, 2009 Opinion or Order Filing 24 ORDER granting #20 Motion for Admission Pro Hac Vice of D. Barclay Edmundson for DHL Express USA and DPWN Holdings (USA). 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 Bruce S. Jenkins on 4/29/09. (jmr)
April 29, 2009 Opinion or Order Filing 23 ORDER granting #19 Motion for Admission Pro Hac Vice of Edwin V. Woodsome, Jr for DHL Express USA and DPWN Holdings (USA). 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 Bruce S. Jenkins on 4/29/09. (jmr)
April 29, 2009 Opinion or Order Filing 22 ORDER granting #18 Motion for Admission Pro Hac Vice of Christopher S. Ruhland for DHL Express USA and DPWN Holdings (USA). 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 Bruce S. Jenkins on 4/29/09. (jmr)
April 29, 2009 Opinion or Order Filing 21 ORDER granting #17 Motion for Admission Pro Hac Vice of Khai LeQuang for DHL Express USA and DPWN Holdings (USA). 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 Bruce S. Jenkins on 4/29/09. (jmr)
April 28, 2009 Opinion or Order Filing 20 MOTION for Admission Pro Hac Vice of D. Barclay Edmundson, Registration fee $ 15, receipt number 10880000000000879500, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Benard, Blaine)
April 27, 2009 Opinion or Order Filing 19 MOTION for Admission Pro Hac Vice of Edwin V. Woodsome, Registration fee $ 15, receipt number 10880000000000879074, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Benard, Blaine)
April 27, 2009 Opinion or Order Filing 18 MOTION for Admission Pro Hac Vice of Christopher S. Ruhland, Registration fee $ 15, receipt number 10880000000000879062, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Benard, Blaine)
April 27, 2009 Opinion or Order Filing 17 MOTION for Admission Pro Hac Vice of Khai LeQuang, Registration fee $ 15, receipt number 10880000000000879051, filed by Defendants DHL Express USA, DPWN Holdings (USA). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Benard, Blaine)
April 27, 2009 Opinion or Order Filing 16 MEMORANDUM in Support re #15 MOTION to Dismiss filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
April 27, 2009 Opinion or Order Filing 15 MOTION to Dismiss filed by Defendants DHL Express USA, DPWN Holdings (USA). (Benard, Blaine)
April 17, 2009 Opinion or Order Filing 14 ORDER GRANTING STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT OR OTHERWISE PLEAD re #13 MOTION for Extension of Time to respond to complaint or otherwise plead filed by DHL Express USA, Motions terminated: #13 MOTION for Extension of Time to respond to complaint or otherwise plead filed by DHL Express USA. Answer deadline updated for DHL Express USA answer due 4/27/2009. Signed by Judge Bruce S. Jenkins on 4/17/09. (jmr)
April 16, 2009 Opinion or Order Filing 13 MOTION for Extension of Time to respond to complaint or otherwise plead filed by Defendant DHL Express USA. (Attachments: #1 Text of Proposed Order)(Benard, Blaine)
April 7, 2009 Opinion or Order Filing 12 NOTICE FROM THE COURT - A new plaintiff party has been added to help manage the docket due to the number of plaintiffs. The new party is "ALL PLAINTIFFS". This is the party that should be chosen for all future documents filed by the plaintiffs. (rak)
April 1, 2009 Opinion or Order Filing 11 **RESTRICTED DOCUMENT**Summons Issued Electronically as to DPWN Holdings (USA).Instructions to Counsel:1. Log into CM/ECF (Not PACER) before clicking on the document number2. Print the issued summons for service. (jlw)
March 31, 2009 Opinion or Order Filing 10 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress, AEA Services as to DHL Express USA served on 3/27/2009, answer due 4/16/2009. (Eckersley, M.)
March 31, 2009 Opinion or Order Filing 9 ORDER granting #6 Motion for Admission Pro Hac Vice of Andrea V. Timpa for JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress and AEA Services. 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 Bruce S. Jenkins on 3/31/09. (jmr)
March 30, 2009 Opinion or Order Filing 8 ORDER granting #5 Motion for Admission Pro Hac Vice of Kyle D. Schonekas for JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress and AEA Services. 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 Bruce S. Jenkins on 3/30/09. (jmr)
March 30, 2009 Opinion or Order Filing 7 ORDER granting #4 Motion for Admission Pro Hac Vice of Patrick S. McGoey for JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress and AEA Services. 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 Bruce S. Jenkins on 3/30/09. (jmr)
March 30, 2009 Opinion or Order Filing 6 MOTION for Admission Pro Hac Vice of Andrea V. Timpa, Registration fee $ 15, receipt number 10880000000000861587, filed by Plaintiffs JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress, AEA Services. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Eckersley, M.)
March 26, 2009 Opinion or Order Filing 5 MOTION for Admission Pro Hac Vice of Kyle D. Schonekas, Registration fee $ 15, receipt number 10880000000000860055, filed by Plaintiffs JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress, AEA Services. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Eckersley, M.)
March 26, 2009 Opinion or Order Filing 4 MOTION for Admission Pro Hac Vice of Patrick S. McGoey, Registration fee $ 15, receipt number 10880000000000860002, filed by Plaintiffs JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress, AEA Services. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Eckersley, M.)
March 24, 2009 Opinion or Order Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to DHL Express USA.Instructions to Counsel:1. Log into CM/ECF (Not PACER) before clicking on the document number2. Print the issued summons for service. (jlw)
March 10, 2009 Opinion or Order Filing 2 COMPLAINT against all defendants (Filing fee $ 350, receipt number 10880000000000850057), filed by JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress, AEA Services. (Attachments: #1 Civil Cover Sheet) Assigned to Judge Bruce S. Jenkins (Eckersley, M.)
March 10, 2009 Opinion or Order Filing 1 Case has been opened and assigned to Judge Bruce S. Jenkins. Plaintiffs JMK USA Enterprises, Jubert Express, K&R Global, Kasel Enterprises, Keba Enterprises, Keyroc Logistics, KMD Inc, Lake Country Logistics, Landshire Development, LKO Enterprises, Air Express Couriers, Manatee Management and Marketing, MDC Express, Mercari Inc, Michael C. Little, Mid Atlantic Shipping Solutions, Midway Shippers, Mijo Logistics, Mitchell & Dixon, Montana Global Logistics, Morning Star Associates, ALG Alabama, Mt Shipping, Mullen & Associates, OK Shippers, Performance Logistics Group, Philadelphia Shipping Solutions, Rabbits Inc, Rav Inc, Redoak Shipping Services, Redoakshipping Services of Oakland, Reid Brothers, ALG Atlanta East, Roberts Freight Consultants, Rock Solid Logistics, San Jose Shippers, Sankey & Jensen, Shipping Services Boise, Shipping Services Indiana, Shipping Services Ohio, Southern Express International, Southern Shipping & Logistics, Spectrum Development Group, ALG Atlanta Metro, Spirit Transport, SR Logistics, Stackvest Properties, Stanley E. Jones, Steed & Harrington, Success Enterprises GP, Suncoast Shippers, Syracuse Shippers, Video Co, The, Transource, ALG Atlanta Southeast, Gulf Coast Shippers Limited Partnership, Transworld Consulting Services of Albany, Transworld Consulting Services of Syracuse, Transworld Consulting Services of Winchester, TRB Group, Uni Com Logistics, United Shippers Association, United Shippers, United Shippers Northside, United Shippers of Suffolk, Vermont Shipping Co, AMR Group, WWS & Associates, Washington Partners, Western Shipping Group, Wolstad Management, Zip Ship, B&B Overnight, Bayer and Bayer, BMJ Logistics, Boundless Logistics, Buehler Companies, Carnrock, Celcorp Carriers, Central Coast Logistics, Central Gulf Coast Shipping, 10YJ LLC, Central Jershey Shipping Solutions, CKR Management, Commerce & Express, Complete Shipping Services, Cradduck Enterprises, Creative Control, Curry Inc, Dabar GP, Dandrea Inc, Diamond Logistics, Action Freight Systems, DJB Investments of Naples, DLS Consulting, DRC of Arkansas, Dupage Air Express, Eagles Wings, El Paso Del Norte Transportation Services, Essex Express, Express One, Express Shipments, F&M Transport, Z Advocate Logistics Group, Fellowshippers Inc, Freight Consultants Group, HC Ware Company, Iowa Discount Shippers, J&D Logistics, Jasper Enterprises, Jay Chamberlain, JBC Logistics, JFS Logistics, JMcLexpress, AEA Services is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 350.00 by the end of the business day. Civil Summons may be issued electronically. Prepare the summons using the court's #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (rak)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Utah District Court's Electronic Court Filings (ECF) System

Search for this case: Gulf Coast Shippers Limited Partnership et al v. DHL Express USA et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: All Plaintiffs Except Dandrea & KMD
Represented By: Andrea V. Timpa
Represented By: Chad R. Derum
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Ellie T. Schilling
Represented By: John T. Nelson
Represented By: Katherine M. McCray
Represented By: Ian Lewis Atkinson
Represented By: Maria G. Marks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Gulf Coast Shippers Limited Partnership
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: John T. Nelson
Represented By: Katherine M. McCray
Represented By: Maria G. Marks
Represented By: Andrea V. Timpa
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: 10YJ LLC
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Maria G. Marks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Action Freight Systems
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Maria G. Marks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Advocate Logistics Group
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Maria G. Marks
Represented By: Andrea V. Timpa
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: AEA Services
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: John T. Nelson
Represented By: Maria G. Marks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Air Express Couriers
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Maria G. Marks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: ALG Alabama
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Maria G. Marks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: ALG Atlanta East
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Maria G. Marks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: ALG Atlanta Metro
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Maria G. Marks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: ALG Atlanta Southeast
Represented By: Maria G. Marks
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: AMR Group
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Maria G. Marks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: B&B Overnight
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Maria G. Marks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Bayer and Bayer
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: BMJ Logistics
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Maria G. Marks
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Boundless Logistics
Represented By: Maria G. Marks
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Buehler Companies
Represented By: Andrea V. Timpa
Represented By: Kyle D. Schonekas
Represented By: M. David Eckersley
Represented By: Patrick S. McGoey
Represented By: Sammi V. Anderson
Represented By: Maria G. Marks
Search News [