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1
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Jan. 28, 2002
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COMPLAINT filed; case referred to Mag. Judge David G. Bernthal (SP, ilcd) (Entered: 01/28/2002)
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RECAP
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2
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Jan. 28, 2002
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FILING FEE PAID on 1/28/02 in the amount of $150.00 receipt #U1065. (SP, ilcd) (Entered: 01/28/2002)
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RECAP
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3
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March 11, 2002
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WAIVER OF SERVICE returned as to defendant Rent-A-Center Inc. Date waiver sent: 1/30/02 ; Answer due on 4/1/02 for Rent-A-Center Inc (SP, ilcd) (Entered: 03/11/2002)
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RECAP
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4
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March 22, 2002
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AMENDED COMPLAINT by plaintiffs Steven L Karraker, Michael A Karraker, Christopher M Karraker; jury demand [1-1]; adding Associated Personnel (SP, ilcd) (Entered: 03/22/2002)
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RECAP
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5
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March 25, 2002
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ATTORNEY APPEARANCE by Lorna Geiler for defendant Rent-A-Center Inc (SP, ilcd) (Entered: 03/25/2002)
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RECAP
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6
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April 10, 2002
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MOTION by defendant Rent-A-Center Inc to dismiss amended complaint (SP, ilcd) (Entered: 04/11/2002)
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RECAP
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7
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April 10, 2002
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MEMORANDUM IN SUPPORT of motion to dismiss amended complaint [6-1] by defendant Rent-A-Center Inc (SP, ilcd) (Entered: 04/11/2002)
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RECAP
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8
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April 15, 2002
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SUMMONS issued as to J Ernest Talley and returned to plaintiff's attorney (SP, ilcd) (Entered: 04/17/2002)
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RECAP
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9
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April 17, 2002
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Rent-A-Center Inc (SP, ilcd) (Entered: 04/17/2002)
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RECAP
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10
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April 24, 2002
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MOTION by plaintiffs Steven L Karraker, Michael A Karraker, and Christopher M Karraker to extend time to respond to motion to dismiss (SP, ilcd) (Entered: 04/24/2002)
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RECAP
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April 24, 2002
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Order
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April 24, 2002
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time to respond to motion to dismiss [10-1]. Plaintiffs' response to motion to dismiss amended complaint [6-1] is due 5/1/02 (cc: all counsel). (SP, ilcd)
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11
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April 26, 2002
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WAIVER OF SERVICE returned as to defendant Associated Personnel. Date waiver sent: 3/26/02. Answer due on 5/28/02 for Associated Personnel. (SP, ilcd) (Entered: 04/26/2002)
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RECAP
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12
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April 30, 2002
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MOTION by plaintiffs to extend time to respond to motion to dismiss (SP, ilcd) (Entered: 04/30/2002)
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RECAP
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13
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May 1, 2002
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RETURN OF SERVICE executed upon defendant J Ernest Tally on 4/19/02 (SP, ilcd) (Entered: 05/01/2002)
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RECAP
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14
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May 2, 2002
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MOTION by plaintiff to consider defendant Rent-a-Center's motion to dismiss as a motion for summary judgment and to set certain dates accordingly (SP, ilcd) (Entered: 05/02/2002)
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RECAP
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15
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May 2, 2002
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MEMORANDUM IN SUPPORT of motion to consider defendant Rent-a-Center's motion to dismiss as a motion for summary judgment [14-1] by plaintiffs (SP, ilcd) (Entered: 05/02/2002)
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RECAP
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16
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May 8, 2002
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ANSWER/AFFIRMATIVE DEFENSES by defendant J Ernest Tally (SP, ilcd) (Entered: 05/08/2002)
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RECAP
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17
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May 17, 2002
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RESPONSE by defendant Rent-A-Center Inc to motion to consider defendant Rent-a-Center's motion to dismiss as a motion for summary judgment [14-1] (SP, ilcd) (Entered: 05/17/2002)
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RECAP
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May 22, 2002
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Order
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May 22, 2002
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time to respond to motion to dismiss [12-1] (cc: all counsel). (SP, ilcd)
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May 22, 2002
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Minutes - Miscellaneous
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May 22, 2002
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Plaintiffs' motion to consider defendant Rent-a-Center's motion to dismiss as a motion for summary judgment and set certain dates accordingly [14-1] is DENIED. If, as plaintiffs suggest, resolution of the motion requires resolution of factual issues outside the pleadings, the motion will be denied. There is no reason to delay the matter as plaintiffs suggest. Plaintiffs shall respond to the motion to dismiss amended complaint [6-1] by 6/7/02. (cc: all counsel) (SP, ilcd)
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18
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May 28, 2002
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MOTION by defendant Associated Personnel to extend time (S, ilcd) (Entered: 05/28/2002)
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RECAP
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19
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May 28, 2002
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Associated Personnel (S, ilcd) (Entered: 05/28/2002)
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RECAP
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20
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May 28, 2002
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ATTORNEY APPEARANCE by Glen Stanko for defendant Associated Personnel (S, ilcd) (Entered: 05/28/2002)
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RECAP
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21
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May 28, 2002
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ORDER by Mag. Judge David G. Bernthal. This matter is scheduled for Rule 16 conference by personal appearance at 2:15 on 7/15/02 . No client attendance required. See written order. (cc: all counsel/with Rule 16 enclosures) (S, ilcd) (Entered: 05/28/2002)
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RECAP
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May 29, 2002
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Order
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May 29, 2002
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time [18-1]. Answer due 6/27/02 for Associated Personnel . (cc: all counsel) (SP, ilcd)
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22
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June 7, 2002
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RESPONSE by plaintiffs to motion to dismiss amended complaint [6-1] (SP, ilcd) (Entered: 06/07/2002)
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RECAP
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23
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June 7, 2002
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MOTION by plaintiff for leave to file second amended complaint (filed as mtn to allow filing second amended complaint) (SP, ilcd) (Entered: 06/07/2002)
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RECAP
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24
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June 14, 2002
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MOTION by defendant J Ernest Tally to dismiss amended complaint (SD, ilcd) (Entered: 06/14/2002)
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RECAP
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25
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June 14, 2002
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MEMORANDUM IN SUPPORT of motion to dismiss amended complaint [24-1] by defendant J Ernest Tally (SD, ilcd) (Entered: 06/14/2002)
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RECAP
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26
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June 21, 2002
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MEMORANDUM IN OPPOSITION to motion for leave to file second amended complaint [23-1] by defendant Rent-A-Center Inc (SD, ilcd) (Entered: 06/21/2002)
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RECAP
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27
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June 26, 2002
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MOTION by plaintiffs to extend time until 7/11/02 to respond to Dft Tally's Motion to Dismiss (SLJ, ilcd) (Entered: 06/26/2002)
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RECAP
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28
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June 27, 2002
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ATTORNEY APPEARANCE by Gary Ayers for defendant Associated Personnel (SP, ilcd) (Entered: 06/27/2002)
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RECAP
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29
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June 27, 2002
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RESPONSE by defendant Associated Personnel to motion to consider defendant Rent-a-Center's motion to dismiss as a motion for summary judgment [14-1] (SP, ilcd) (Entered: 06/27/2002)
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RECAP
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30
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June 27, 2002
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MEMORANDUM IN OPPOSITION to motion for leave to file second amended complaint [23-1] by defendant Associated Personnel (SP, ilcd) (Entered: 06/27/2002)
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RECAP
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31
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June 27, 2002
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RESPONSE by defendant Associated Personnel to motion to dismiss amended complaint [24-1] (SP, ilcd) (Entered: 06/27/2002)
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RECAP
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32
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June 27, 2002
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MOTION by defendant Associated Personnel to dismiss amended complaint (SP, ilcd) (Entered: 06/27/2002)
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RECAP
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33
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June 27, 2002
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MEMORANDUM IN SUPPORT of motion to dismiss amended complaint [32-1] by defendant Associated Personnel (SP, ilcd) (Entered: 06/27/2002)
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RECAP
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34
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July 1, 2002
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PROPOSED DISCOVERY PLAN filed by plaintiffs (SP, ilcd) (Entered: 07/01/2002)
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RECAP
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35
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July 1, 2002
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PROPOSED DISCOVERY PLAN filed by defendant Rent-A-Center Inc and defendant Associated Personnel (SP, ilcd) (Entered: 07/01/2002)
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RECAP
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36
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July 1, 2002
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MOTION by defendant Rent-A-Center Inc and defendant Associated Personnel to bifurcate discovery (SP, ilcd) (Entered: 07/01/2002)
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RECAP
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37
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July 1, 2002
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MEMORANDUM IN SUPPORT of motion to bifurcate discovery [36-1] by defendant Rent-A-Center Inc and defendant Associated Personnel (SP, ilcd) (Entered: 07/01/2002)
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RECAP
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38
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July 2, 2002
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Request by defendant Associated Personnel to participate by telephone at Rule 16 Scheduling Conference (SP, ilcd) (Entered: 07/02/2002)
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RECAP
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July 3, 2002
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Order
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July 3, 2002
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal denying request to participate by telephone at Rule 16 Scheduling Conference [38-1] (cc: all counsel). (SP, ilcd)
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39
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July 8, 2002
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MOTION by plaintiff for order to declare response moot (SP, ilcd) (Entered: 07/08/2002)
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RECAP
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40
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July 8, 2002
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MOTION by plaintiffs for leave to file reply to defendant Rent-A-Center's memorandum in opposition to plaintiffs' motion to file second amended complaint (SP, ilcd) (Entered: 07/08/2002)
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RECAP
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July 8, 2002
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Minutes - Miscellaneous
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July 8, 2002
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Attys Leahy, Geiler and Stanko should appear by personal appearance for the Rule 16 conference scheduled for 7/15/02 at 2:15 p.m. Attys Riback, Wright/Ferguson and Ayers may appear by telephone conference. The court will initiate the call to those attorneys who desire to participate by telephone. This docket entry overrides the court's previous order of 7/3/02 denying defendant Associated's request for counsel to appear by telephone. Attys Leahy, Geiler and Stanko were notified of this information by the court by telephone this date and were asked to notify their respective co-counsel. (cc: all counsel) (SP, ilcd)
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41
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July 9, 2002
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RESPONSE by plaintiffs to motion to bifurcate discovery [36-1] (SP, ilcd) (Entered: 07/09/2002)
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RECAP
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42
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July 9, 2002
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MOTION by plaintiff to allow plaintiffs until 7/16/02 to respond to defendant Tally's motion to dismiss and to defendant Associated's motion to dismiss (SP, ilcd) (Entered: 07/09/2002)
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RECAP
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43
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July 12, 2002
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NOTICE OF SERVICE OF RULE 26 INITIAL DISCLOSURE STATEMENT by defendant Associated Personnel (SP, ilcd) (Entered: 07/12/2002)
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RECAP
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44
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July 15, 2002
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RESPONSE by plaintiff to motion to dismiss amended complaint [32-1] (SP, ilcd) (Entered: 07/15/2002)
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RECAP
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45
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July 15, 2002
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RESPONSE by plaintiffs to motion to dismiss amended complaint [24-1] (SP, ilcd) (Entered: 07/15/2002)
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RECAP
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July 15, 2002
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Minutes - Miscellaneous
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July 15, 2002
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Rule 16 conference held 2:15 7/15/02 . Appearances for plaintiffs by Mary Lee Leahy in person and William Riback by telephone. Appearances for defendants by Lorna Geiler (in person), Franklin Wright (by telephone), Dwight Dumler (by telephone), Glenn Stanko (in person), and Gary Ayers (by telephone w/legal assistant Karen Sanders). Plaintiffs' motion to extend time until 7/11/02 to respond to Dft Tally's Motion to Dismiss [27-1] ruled moot. Plaintiffs' motion for leave to file reply to defendant Rent-A-Center's memorandum in opposition to plaintiffs' motion to file second amended complaint [40-1] is granted. Misc ddl for filing plaintiffs' reply is 7/19/02 . Motion to bifurcate discovery [36-1] is denied. Oral motion by atty Wright to stay discovery is denied. Plaintiffs' proposed discovery plan [34-1] modified and approved. Final pretrial set for 1:15 p.m. 12/22/03. Jury selection and jury trial set for 9:30 a.m. 1/12/04. (Case No. 1, estimated length to be determined at a later date.) Written order to be entered. (cc: all counsel) (SP, ilcd)
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46
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July 19, 2002
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REPLY by plaintiffs' Steven L Karraker, Michael A Karraker, Christopher M Karraker memorandum [30-1]. (filed as plaintiffs' reply to defendants' opposition to plaintiffs' motion to allow filing of secnd amended complaint) (SD, ilcd) (Entered: 07/19/2002)
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RECAP
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47
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July 26, 2002
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DISCOVERY ORDER by Mag. Judge David G. Bernthal. A discovery conference was held 7/15/02. Deadlines were established by the Court. Initial interrogatories and requests to produce shall be served on opposing parties by 8/5/02. The misc ddl for amendment of pleadings and joining additional parties is 1/31/03 . Plaintiffs shall disclose experts and provide expert reports by 4/1/03. Plaintiffs shall make any such experts available for deposition by 5/15/03. Defendants shall disclose experts and provide expert reports by 6/15/03. Defendants shall make any such experts available for deposition by 7/25/03. Other ddl of 11/15/02 for plaintiffs to file a motion for class certification . Other2 ddl of 12/16/02 for defendants to respond to motion for class certification . All discovery including deposition of experts is to be completed by 7/25/03 . Case dispositive mtn filing ddl shall be 8/29/02 . The matter is scheduled for Final pretrial conference by personal appearance before the Honorable Michael P McCuskey at 1:15 12/22/03 . Jury selection and jury trial before the Honorable Michael P McCuskey is set for 8:30 1/12/04 . (Case No. 1) See written order. (cc: all counsel) (SP, ilcd) (Entered: 07/26/2002)
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RECAP
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48
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July 29, 2002
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MOTION by defendant J Ernest Tally for leave to file reply to plaintiffs' response to motion to dismiss instanter (SP, ilcd) (Entered: 07/29/2002)
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RECAP
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49
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July 31, 2002
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MOTION by plaintiff to cite additional authority (SP, ilcd) (Entered: 07/31/2002)
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RECAP
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July 31, 2002
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Order
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July 31, 2002
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal denying motion for leave to file reply to plaintiffs' response to motion to dismiss instanter [48-1] (cc: all counsel). (SP, ilcd)
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Aug. 1, 2002
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Order
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Aug. 1, 2002
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to cite additional authority [49-1] (cc: all counsel). (SD, ilcd)
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50
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Aug. 2, 2002
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RESPONSE by all plaintiffs to motion for leave to file reply to plaintiffs' response to motion to dismiss instanter [48-1] (SD, ilcd) Modified on 08/02/2002 (Entered: 08/02/2002)
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RECAP
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51
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Aug. 9, 2002
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NOTICE of service re discovery by defendant Associated Personnel (SLJ, ilcd) (Entered: 08/09/2002)
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RECAP
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52
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Aug. 9, 2002
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NOTICE of service re discovery by defendant Associated Personnel (SLJ, ilcd) (Entered: 08/09/2002)
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RECAP
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53
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Aug. 9, 2002
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NOTICE of service re discovery by defendant Associated Personnel (SLJ, ilcd) (Entered: 08/09/2002)
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RECAP
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54
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Aug. 19, 2002
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CERTIFICATE OF SERVICE by defendant Rent-A-Center Inc re: discovery (SD, ilcd) (Entered: 08/19/2002)
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RECAP
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55
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Oct. 9, 2002
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PROTECTIVE ORDER by Mag. Judge David G. Bernthal. See written order. (cc: all counsel) (MT, ilcd) (Entered: 10/09/2002)
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RECAP
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56
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Oct. 11, 2002
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MOTION by plaintiffs to cite additional authority in response to motions to dismiss (SP, ilcd) (Entered: 10/11/2002)
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RECAP
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57
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Oct. 15, 2002
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RESPONSE by defendant Rent-A-Center Inc to motion to cite additional authority in response to motions to dismiss [56-1] (SD, ilcd) (Entered: 10/15/2002)
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RECAP
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58
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Oct. 16, 2002
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MOTION by defendant Rent-A-Center Inc to compel discovery responses and for costs (MT, ilcd) (Entered: 10/16/2002)
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RECAP
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Oct. 16, 2002
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Order
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Oct. 16, 2002
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to cite additional authority in response to motions to dismiss [56-1] (cc: all counsel). (MT, ilcd)
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Oct. 17, 2002
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to allow plaintiffs until 7/16/02 to respond to defendant Tally's motion to dismiss and to defendant Associated's motion to dismiss [42-1] (cc: all counsel). (MT, ilcd)
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Oct. 17, 2002
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Order
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Oct. 17, 2002
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for order to declare response moot [39-1]. (cc: all counsel). (MT, ilcd)
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59
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Oct. 21, 2002
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MOTION by all plaintiffs to extend time until 11/4/02 to respond to Dft Rent-A-Center, Inc's Motion to Compel Discovery Responses and for Costs (SD, ilcd) (Entered: 10/21/2002)
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RECAP
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Oct. 21, 2002
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Order
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Oct. 21, 2002
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time until 11/4/02 to respond to Dft Rent-A-Center, Inc's Motion to Compel Discovery Responses and for Costs [59-1]. Pla response to motion to compel discovery responses and for costs [58-1] due by 11/4/02. (cc: all counsel) (SD, ilcd)
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60
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Oct. 31, 2002
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MAGISTRATE'S RECOMMENDATION re: motion for leave to file second amended complaint [23-1] by Christopher M Karraker, Michael A Karraker, Steven L Karraker, motion to dismiss amended complaint [6-1] by Rent-A-Center Inc by Mag. Judge David G. Bernthal. It is the recommendation of the court that Plaintiff's Motion to Allow Filing Second Amended Complaint (#23) be DENIED, and that Dft RAC's Motion to Dismiss Amended Complaint (#6) be GRANTED. The Court also recommends declining to exercise jurisdiction over the remaining state law claims. Parties allowed 10 working days to file any obj to this recommendation. Magistrate Judge referral terminated. (cc: all counsel) (SLJ, ilcd) (Entered: 10/31/2002)
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RECAP
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61
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Nov. 1, 2002
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RESPONSE by all plaintiffs to motion to compel discovery responses and for costs [58-1] (SD, ilcd) (Entered: 11/01/2002)
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RECAP
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62
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Nov. 8, 2002
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MOTION by all plaintiffs for order to hold discovery/scheduling order in abeyance until ruling on plaintiffs objections on Magistrate Judge's Recommendation re: dismissal of the complaint (SD, ilcd) (Entered: 11/08/2002)
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RECAP
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Nov. 8, 2002
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Order
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Nov. 8, 2002
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for order to hold discovery/scheduling order in abeyance until ruling on plaintiffs objections on Magistrate Judge's Recommendation re: dismissal of the complaint [62-1] (cc: all counsel). (SD, ilcd)
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63
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Nov. 13, 2002
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MOTION by defendant Rent-A-Center Inc to extend time to reply to plaintiffs' response to its Motion to Compel Discovery responses and for costs (SD, ilcd) (Entered: 11/13/2002)
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RECAP
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64
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Nov. 14, 2002
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MOTION by all plaintiffs to extend time until 11/22/02 to file objections to the Magistrate Judge's Report and Recommendation (SD, ilcd) Modified on 11/20/2002 (Entered: 11/14/2002)
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RECAP
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65
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Nov. 14, 2002
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MOTION by defendant Rent-A-Center Inc to extend time until 11/22/02 to file objections to Magistrate's Recommended Order and Decision (SD, ilcd) (Entered: 11/14/2002)
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RECAP
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Nov. 14, 2002
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Order
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Nov. 14, 2002
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ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion to extend time until 11/22/02 to file objections to the Magistrate Judge's Report and Recommendation [64-1]. Plaintiffs' objection to Mag's Recommendation due 11/22/02 (cc: all counsel). (SD, ilcd)
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Nov. 15, 2002
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Order
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Nov. 15, 2002
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ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion to extend time until 11/22/02 to file objections to Magistrate's Recommended Order and Decision [65-1] . Objections to Mag's Recommendation due 11/22/02 (cc: all counsel). (SD, ilcd)
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66
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Nov. 20, 2002
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RESPONSE by all plaintiffs to motion to extend time to reply to plaintiffs' response to its Motion to Compel Discovery responses and for costs [63-1] (SD, ilcd) (Entered: 11/20/2002)
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RECAP
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67
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Nov. 22, 2002
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OBJECTIONS by defendant Rent-A-Center Inc to magistrate's recommendation [60-1] (filed as Rent-A-Center, Inc's objections to recommendation to decline jurisdiction over plaintiff's state law claims) (SD, ilcd) Modified on 11/22/2002 (Entered: 11/22/2002)
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RECAP
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68
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Nov. 22, 2002
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OBJECTIONS by plaintiffs to magistrate's recommendation [60-1] (SLJ, ilcd) (Entered: 11/22/2002)
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RECAP
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Nov. 25, 2002
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Minutes - Miscellaneous
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