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39
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REPORT AND RECOMMENDATIONS in re 37 MOTION for Joinder filed by David McGee, 33 MOTION for Preliminary Injunction filed by David McGee, 14 MOTION to Dismiss filed by Celeste Girrell,, Keith Tallon,, Steven Gold, 7 Motion to Appoint Counsel filed by David McGee. Objections to R&R due by 7/6/2005. Signed by Judge Jerome J. Niedermeier on 6/21/2005. (jlh, )
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June 21, 2005
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June 21, 2005
RECAP
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50
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 39 - granting in part & denying in part 37 Motion for Permissive Joinder filed by David McGee and Byron Martin (the Court will not consolidate this case brought by Martin but Martin will be added as an in tervenor-pltf); denying as moot 33 Motion for Preliminary Injunction filed by David McGee and 7 Motion for Appointment of Counsel; granting 14 Motion to Dismiss filed by Celeste Girrell, Keith Tallon, Steven Gold as to pltf McGee (this case shall not be dismissed w/respect to the intervenor-pltfs). Signed by Judge J. Garvan Murtha on 13th day of June, 2005. (law, )
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July 13, 2005
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July 13, 2005
RECAP
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176
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REPORT AND RECOMMENDATIONS recommending that Count 2 in 99 Amended Complaint be denied. Objections to R&R due by 5/8/2006. The remainder of the case is hereby CONSOLIDATED with 1:05-cv-231 (1:04-cv-335 is designated as the lead case). Signed by Judge Jerome J. Niedermeier on 21st day of April, 2006. (law)
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April 24, 2006
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April 24, 2006
RECAP
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|
177
|
ORDER AFFIRMING, APPROVING and ADOPTING the Magistrate Judge's 176 Report and Recommendations. Plaintiff David MCGee's claim that he has been denied access to the courts (Amended Complaint, Count Two) is DISMISSED without prejudice. Furth er certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Matter is returned to the Magistrate Judge for further proceedings. Signed by Judge J. Garvan Murtha on 05/17/2006. Cy to all parties.(wjf, )
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May 17, 2006
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May 17, 2006
RECAP
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188
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REPORT AND RECOMMENDATION re 181 Motion for Class Certification and 187 Amended Motion for Class Certification. It is recommended that the plaintiffs' motion for class certification (Paper 181) and amended motion for class certification (Pap er 187) be GRANTED. I further recommend that the class consist of inmates who have been subjected, are currently being subjected, or who will be subjected to constant illumination in Vermont prison cells and who suffer injuries as a result. The Cou rt has already appointed the Office of the Defender General to represent the plaintiffs, and that office should continue as counsel for the class. Finally, pursuant to Fed. R. Civ. P. 23(c)(2)(A), the Court should not order that notice be provided to the class. Objections to R&R due by 10/10/2006. Signed by Judge Jerome J. Niedermeier on 9/25/06. (jjj) Modified on 9/26/2006 (jmm).
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Sept. 25, 2006
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Sept. 25, 2006
RECAP
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189
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ORDER AFFIRMING, APPROVING and ADOPTING 188 Magistrate Judge's REPORT AND RECOMMENDATIONS for granting 181 Motion for Class Certification and 187 Amended Motion for Class Certification. The class shall consist of inmates who have been subj ected, are currently being subjected, or who will be subjected to constant illumination in Vermont prison cells and who suffer injuries as a result. The Office of the Defender General shall continue as counsel for the class. The Court declines to order direct appropriate notice to the class. This matter is returned to the Magistrate Judge for further proceedings. Signed by Judge J. Garvan Murtha on 10/13/2006. Cys to counsel.(kak)
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Oct. 16, 2006
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Oct. 16, 2006
RECAP
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276
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REPORT AND RECOMMENDATION recommending that defendants' 238 MOTION for Summary Judgment be granted, and that the plaintiffs' Eighth Amendment claims be dismissed and state law claims be dismissed without prejudice. It is further recommended that defendants' 251 RENEWED MOTION for Summary Judgment be denied as moot. Objections to R&R due by 8/20/2010. Signed by Judge John M. Conroy on 8/3/2010. (hbc)
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Aug. 3, 2010
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Aug. 3, 2010
RECAP
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288
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ORDER: Affirming, Approving and Adopting 276 Magistrate Judge's Report and Recommendation. Dft's 238 Motion for Summary Judgment on claims contained in the Second Amended Complaint is GRANTED. The Eighth Amendment Class claim for declar atory and injunctive relief is DISMISSED with prejudice. The state law Class claim is DISMISSED without prejudice. 251 Dfts' Renewed Motion to Reconsider the Court's October 1, 2009 Order and Renewed Motion for Summary Judgment is DENIED as moot. The remaining Dfts may file a motion for summary judgment on the Pltfs' individual claims for damages on or before January 31, 2011. The caption of any pleading filed with the Court shall identify the remaining parties as set forth in this Order. Signed by Judge J. Garvan Murtha on 12/20/2010. (kak) Text clarified on 12/21/2010 (jlh).
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Dec. 20, 2010
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Dec. 20, 2010
RECAP
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|
298
|
MEMORANDUM AND ORDER denying plaintiff Kevin Kimber's Motions 289 and 290 to Appoint Counsel and 291 and 293 Motions for Appeal. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by Senior Judge J. Garvan Murtha on 3/30/2011. (kak) Text clarified on 3/31/2011 (jlh).
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March 30, 2011
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March 30, 2011
RECAP
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299
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MEMORANDUM and ORDER: Defendants' 295 Motion for Summary Judgment on Plaintiffs' Claims for Damages is GRANTED with respect to Plaintiffs' individual claims for damages; Plaintiffs' state law claim is dismissed without prejudice. It is further certified that any appeal taken in forma pauperis would not be taken in good faith because such an appeal would be frivolous. Signed by Senior Judge J. Garvan Murtha on 3/30/2011. (kak) Text clarified on 3/31/2011 (jlh).
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March 30, 2011
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March 30, 2011
RECAP
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308
|
TRANSCRIPT of Telephone Conference hearing held on 6/20/2006, before Judge Jerome J. Niedermeier. Court Reporter/Transcriber Connie M. Walker, Telephone number (716) 853-5600. 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 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012. (law) (Entered: 04/03/2012)
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April 2, 2012
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April 2, 2012
PACER
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309
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TRANSCRIPT of Status Conference held on 7/27/2010, before Judge John M. Conroy. Court Reporter/Transcriber Connie M. Walker, Telephone number (716) 853-5600. 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 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012. (law) (Entered: 04/03/2012)
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April 2, 2012
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April 2, 2012
PACER
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310
|
TRANSCRIPT of Status Conference held on 12/2/2009, before Judge John M. Conroy. Court Reporter/Transcriber Connie M. Walker, Telephone number (716) 853-5600. 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 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012. (law) (Entered: 04/03/2012)
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April 2, 2012
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April 2, 2012
PACER
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307
|
TRANSCRIPT of Status Conference hearing held on 4/17/2006, before Judge Jerome J. Niedermeier. Court Reporter/Transcriber Connie M. Walker, Telephone number (716) 853-5600. 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 4/26/2012. Redacted Transcript Deadline set for 5/4/2012. Release of Transcript Restriction set for 7/2/2012. (law) (Entered: 04/03/2012)
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April 3, 2012
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April 3, 2012
PACER
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311
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CERTIFIED ORDER of USCA as to 303 Appeal filed by Kevin Kimber; consideration of Appellees' motion to strike portions of the Appellant's brief is DEFERRED until such time as the District Court has ruled on Appellant's motion to enlarge the record. (kac) (Entered: 08/24/2012)
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Aug. 24, 2012
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Aug. 24, 2012
PACER
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312
|
NOTICE OF APPEARANCE by Timothy W. Hoover, Esq on behalf of Kevin Kimber. (law) (Entered: 09/06/2012)
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Sept. 6, 2012
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Sept. 6, 2012
PACER
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313
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MOTION to Allow Timothy W. Hoover to Appear for the Limited Purpose of Making this Motion and MOTION for Supplementation of the Record filed by Kevin Kimber. (Attachments: # 1 Affidavit of Timothy W. Hoover, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Text of Proposed Order)(law) (Main Document 313 replaced on 9/7/2012 to remove extra page) (law). (Entered: 09/06/2012)
1 Affidavit of Timothy W. Hoover
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2 Exhibit A
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3 Exhibit B
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4 Exhibit C
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5 Exhibit D
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6 Exhibit E
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7 Exhibit F
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8 Exhibit G
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9 Exhibit H
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10 Exhibit I
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11 Exhibit J
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12 Exhibit K
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13 Exhibit L
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14 Text of Proposed Order
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Sept. 6, 2012
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Sept. 6, 2012
PACER
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314
|
MOTION for Extension of Time to File Response/Reply as to 313 MOTION for Supplementation of the Record filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, Steven Gold, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (Attachments: # 1 Certificate of Service)(McLean, David) Text clarified on 10/3/2012 (jlh). (Entered: 09/12/2012)
1 Certificate of Service
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Sept. 12, 2012
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Sept. 12, 2012
PACER
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315
|
ORDER granting 313 Motion to Appear re: Timothy W. Hoover, Esq. on behalf of Plaintiff Kevin Kimber, for the Limited Purpose of Making Motion to Supplement the Record. Signed by District Judge J. Garvan Murtha on 9/18/2012. (This is a text only Order.) (kbl) (Entered: 09/18/2012)
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Sept. 18, 2012
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Sept. 18, 2012
PACER
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316
|
ORDER granting 314 Motion to Enlarge Time to File Response re 313 MOTION for Supplementation of the Record. Defendants' response shall be filed on or before 10/4/2012. Signed by District Judge J. Garvan Murtha on 9/18/2012. (This is a text only Order.) (kbl) (Entered: 09/18/2012)
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Sept. 18, 2012
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Sept. 18, 2012
PACER
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317
|
RESPONSE in Opposition re 313 MOTION for Supplementation of the Record filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, Steven Gold, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (Attachments: # 1 Certificate of Service)(McLean, David) Text clarified on 10/4/2012 (law). (Entered: 10/04/2012)
1 Certificate of Service
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Oct. 4, 2012
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Oct. 4, 2012
PACER
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318
|
MAIL RETURNED as Undeliverable re: 316 Order on Motion for Extension of Time to File Response/Reply, 315 Order on Motion to Appoint Counsel. Mail sent to David McGee. (Attachments: # 1 Doc 315, # 2 Doc. 316 ) (kak) (Entered: 10/12/2012)
1 Doc [315]
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2 Doc. [316]
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Oct. 12, 2012
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Oct. 12, 2012
PACER
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|
319
|
ORDER: denying 313 MOTION for Supplementation of the Record. Signed by District Judge J. Garvan Murtha on 1/8/2013. (wjf) (Entered: 01/08/2013)
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Jan. 8, 2013
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Jan. 8, 2013
RECAP
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320
|
TRANSMITTED Index on Appeal Circuit No. 11-1430 re: 304 Notice of Appeal. (gmg) (Entered: 01/09/2013)
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Jan. 9, 2013
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Jan. 9, 2013
PACER
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321
|
MANDATE/Summary Order of USCA Circuit No. 11-1430(L); 11-1554(Con) as to 303 Notice of Appeal filed by Kevin Kimber, 304 Notice of Appeal filed by David McGee. It is ORDERED that the 300 judgment of the district court be VACATED and REMANDED. (gmg) (Entered: 03/25/2014)
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March 25, 2014
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March 25, 2014
RECAP
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322
|
NOTICE of Hearing: Telephone Status Conference set for 7/16/2014 at 1:30 PM in Brattleboro Chambers before District Judge J. Garvan Murtha. (pac) (Entered: 06/25/2014)
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June 25, 2014
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June 25, 2014
PACER
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323
|
MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha: Telephone status conference held in chambers on 7/16/2014. Participating were Timothy Hoover, Esq. and William Simon, Esq., on behalf of pltf, and David McLean, Esq. for dfts. Statements by counsel re: status on remand and respective positions on how to proceed. ORDERED: Atty Hoover shall submit memorandum of re: qualifications for app't as class counsel by 8/1/2014. After app't, counsel shall confer with each other and agree on a proposed scheduling order; in the event they cannot reach an agreement, each shall submit a memorandum stating their position. Atty Hoover is in the process of filing an application for full admission to the district court; Attys Simon and Manning will file pro hac vice motions. (Court Reporter: none) (kak (Entered: 07/16/2014)
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July 16, 2014
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July 16, 2014
PACER
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324
|
MEMORANDUM by Kevin Kimber Regarding Phillips Lytle LLP's Capabilities as Potential Class Counsel . (Hoover, Timothy) Link removed on 8/2/2014 (law). (Entered: 08/01/2014)
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Aug. 1, 2014
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Aug. 1, 2014
PACER
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325
|
ORDER APPOINTING CLASS COUNSEL. It is hereby ORDERED that the firm of Phillips Lytle LLP is appointed as class counsel for Plaintiffs. Proposed stipulated discovery schedule/order due by 9/19/2014. Signed by District Judge J. Garvan Murtha on 8/18/2014. (esb) (Entered: 08/18/2014)
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Aug. 18, 2014
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Aug. 18, 2014
PACER
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326
|
NOTICE of Withdrawal as a plaintiff by Jacob Sexton. (esb) (Entered: 09/17/2014)
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Sept. 17, 2014
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Sept. 17, 2014
PACER
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327
|
PROPOSED Stipulated Discovery Schedule/Order by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Hoover, Timothy) (Entered: 09/19/2014)
1 Memorandum in Support
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2 Certificate of Service
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Sept. 19, 2014
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Sept. 19, 2014
PACER
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|
328
|
NOTICE of Hearing: Status Conference and Hearing re: Proposed Stipulated Discovery Schedule/Order (Doc. 327) set for 12/11/2014 11:30 AM in Brattleboro Courtroom before District Judge J. Garvan Murtha. Timothy W. Hoover, Esq. will participate by video conference from Robert H. Jackson U.S. Courthouse, Buffalo, NY.(kak) (Main Document 328 replaced on 12/2/2014) (jlh). Text clarified on 12/2/2014 (jlh). (Entered: 12/02/2014)
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Dec. 2, 2014
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Dec. 2, 2014
PACER
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329
|
NOTICE OF DOCKET ENTRY CORRECTION re: 328 Notice of Hearing. The document image has been replaced and docket text corrected to indicate that the case is scheduled for a Status Conference and Hearing re: Stipulated Discovery Schedule/Order. The corrected document is now attached to 328 as well as this entry. (jlh) (Entered: 12/02/2014)
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Dec. 2, 2014
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Dec. 2, 2014
PACER
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330
|
ORDER: re 327 Proposed Stipulated Discovery Schedule/Order. Signed by District Judge J. Garvan Murtha on 12/5/2014. (esb) (Entered: 12/05/2014)
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Dec. 5, 2014
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Dec. 5, 2014
RECAP
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331
|
MINUTE ENTRY as to proceedings held before Judge J. Garvan Murtha: Status conference and review of proposed stipulated discovery schedule held on 12/11/2014. Participating were Timothy Hoover, Esq. and William Simon, Esq., by video conference on behalf of pltfs, and David McLean, Esq. present in the courtroom on behalf of the dfts. Statements by counsel re: respective positions on how to proceed. ORDERED: Counsel to submit another agreed-upon proposed discovery schedule with a shortened time frame by 12/30/2014. Counsel may request an extension of time for submission if needed. If no agreement can be reached, counsel shall submit individual proposed schedules. (Court Reporter: Recorded) (kak) (Entered: 12/11/2014)
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Dec. 11, 2014
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Dec. 11, 2014
PACER
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332
|
MAIL RETURNED as Undeliverable re: 330 Order. Sent to Daniel Muir. (Attachments: # 1 Doc. 330 Order) (esb) Text clarified on 12/30/2014 (jlh). (Entered: 12/29/2014)
1 Doc. 330 Order
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Dec. 29, 2014
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Dec. 29, 2014
PACER
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|
333
|
STIPULATED MOTION to Enlarge Time to File Proposed Discovery Schedule filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certificate of Service)(Hoover, Timothy) (Entered: 12/30/2014)
1 Memorandum in Support
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2 Text of Proposed Order
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3 Certificate of Service
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Dec. 30, 2014
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Dec. 30, 2014
PACER
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|
334
|
ORDER granting 333 Motion to Enlarge Time to file Proposed Discovery Schedule. The parties shall file a proposed joint schedule or, if they are unable to agree, separate schedules for the Court's consideration, on or before 1/9/2015. Signed by District Judge J. Garvan Murtha on 1/7/2015. (This is a text-only Order.) (kbl) (Entered: 01/07/2015)
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Jan. 7, 2015
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Jan. 7, 2015
PACER
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335
|
PROPOSED Amended Stipulated Discovery Schedule/Order by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres. (Attachments: # 1 Certificate of Service)(Hoover, Timothy) (Entered: 01/09/2015)
1 Certificate of Service
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Jan. 9, 2015
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Jan. 9, 2015
PACER
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336
|
MEMORANDUM by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres in support of 335 Proposed Stipulated Discovery Schedule/Order Class Counsel's Memorandum in Support of Amended Proposed Joint Stipulated Discovery Schedule Order (Attachments: # 1 Certificate of Service)(Hoover, Timothy) (Entered: 01/09/2015)
1 Certificate of Service
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Jan. 9, 2015
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Jan. 9, 2015
PACER
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337
|
AMENDED JOINT/STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 4/15/2016. Motions due by 5/13/2016. Ready for Trial by 6/15/2016. Signed by District Judge J. Garvan Murtha on 1/13/2015. (esb) Text clarified on 1/14/2015 (jlh). (Entered: 01/13/2015)
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Jan. 13, 2015
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Jan. 13, 2015
PACER
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|
338
|
DISCOVERY CERTIFICATE - Initial Disclosures by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Certificate of Service)(Hoover, Timothy) (Entered: 01/30/2015)
1 Certificate of Service
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Jan. 30, 2015
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Jan. 30, 2015
PACER
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|
339
|
DISCOVERY CERTIFICATE - First Set of Interrogatories by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Certificate of Service)(Hoover, Timothy) (Entered: 01/30/2015)
1 Certificate of Service
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Jan. 30, 2015
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Jan. 30, 2015
PACER
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|
340
|
DISCOVERY CERTIFICATE - Initial Disclosures by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Keith Tallon.(McLean, David) (Entered: 02/02/2015)
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Feb. 2, 2015
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Feb. 2, 2015
PACER
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|
341
|
DISCOVERY CERTIFICATE - First Interrogatories by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley.(McLean, David) Text clarified on 2/5/2015 (jlh). (Entered: 02/05/2015)
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Feb. 5, 2015
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Feb. 5, 2015
PACER
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342
|
DISCOVERY CERTIFICATE - Answer to Interrogatories and Requests to Produce by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres.(Hoover, Timothy) (Entered: 03/12/2015)
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March 12, 2015
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March 12, 2015
PACER
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343
|
DISCOVERY CERTIFICATE - Response to Interrogatories by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Keith Tallon.(McLean, David) Text clarified on 3/17/2015 (jlh). (Entered: 03/17/2015)
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March 17, 2015
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March 17, 2015
PACER
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344
|
MOTION to Decertify the Class filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (Attachments: # 1 Attachment A, # 2 Attachment B)(McLean, David) Text clarified on 6/12/2015 (law). (Entered: 06/12/2015)
1 Attachment A
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2 Attachment B
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June 12, 2015
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June 12, 2015
PACER
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345
|
MOTION for Extension of Time to File Response/Reply as to 334 MOTION to Decertify the Class filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Hoover, Timothy) Link added on 6/26/2015 (law). (Entered: 06/26/2015)
1 Memorandum in Support
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2 Certificate of Service
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June 26, 2015
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June 26, 2015
PACER
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346
|
SUPPLEMENTAL AFFIDAVIT in Support re 345 MOTION for Extension of Time to File Response/Reply as to 334 MOTION to Decertify the Class filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Certificate of Service)(Hoover, Timothy) (Entered: 06/29/2015)
1 Certificate of Service
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June 29, 2015
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June 29, 2015
PACER
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347
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ORDER granting 345 Motion to Enlarge Time to Submit Opposition Papers re: 334 Motion to Decertify Class. Plaintiffs' response shall be filed on or before 7/17/2015. Signed by District Judge J. Garvan Murtha on 6/30/2015. (This is a text-only Order.) (kbl) (Entered: 06/30/2015)
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June 30, 2015
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June 30, 2015
PACER
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348
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MOTION for Extension of Time to File Response/Reply as to 344 MOTION to Decertify the Class filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Hoover, Timothy) (Entered: 07/10/2015)
1 Memorandum in Support
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2 Certificate of Service
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July 10, 2015
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July 10, 2015
PACER
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349
|
ORDER granting 348 Motion to Enlarge Time to Submit Opposition re 344 Defendants' Motion to Decertify the Class. Plaintiffs' response shall be filed on or before 7/24/2015. Signed by District Judge J. Garvan Murtha on 7/14/2015. (This is a text-only Order.) (kbl) (Entered: 07/14/2015)
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July 14, 2015
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July 14, 2015
PACER
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350
|
MOTION for Leave to Exceed Page Limit filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certificate of Service)(Hoover, Timothy) (Entered: 07/23/2015)
1 Memorandum in Support
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2 Text of Proposed Order
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3 Certificate of Service
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July 23, 2015
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July 23, 2015
PACER
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351
|
AFFIDAVIT of Timothy W. Hoover, Esq. in Opposition re 344 MOTION to Decertify the Class filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Attachments: # 1 Affidavit of Steven W. Lockley, # 2 Memorandum in Support, # 3 Certificate of Service)(Hoover, Timothy) (Main Document 351 replaced on 7/26/2015) (law). (Additional attachment(s) added on 7/26/2015: # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F) (law). (Entered: 07/24/2015)
1 Affidavit of Steven W. Lockley
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2 Memorandum in Support
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3 Certificate of Service
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4 Exhibit A
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5 Exhibit B
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6 Exhibit C
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7 Exhibit D
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8 Exhibit E
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9 Exhibit F
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July 24, 2015
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July 24, 2015
PACER
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352
|
NOTICE OF DOCKET ENTRY CORRECTION re: 351 Affidavit in Opposition to Motion filed by Daniel Muir, David McGee, Jacob Sexton, James Anderson, Richard Pahl, Kevin Kimber, Jose Torres. The main document image contained that of Exhibits A through F. The images have been broken apart and replaced on the docket. The corrected images are now attached to 351 and this entry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (law) (Entered: 07/26/2015)
1 Exhibit A
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2 Exhibit B
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3 Exhibit C
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4 Exhibit D
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5 Exhibit E
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6 Exhibit F
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July 26, 2015
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July 26, 2015
PACER
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353
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ORDER granting 350 Motion for Leave to Exceed Page Limit. Signed by District Judge J. Garvan Murtha on 7/27/2015. (This is a text-only Order.) (kbl) (Entered: 07/27/2015)
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July 27, 2015
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July 27, 2015
PACER
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354
|
STIPULATED MOTION for Extension of Time to File Response/Reply as to 344 MOTION to Decertify the Class filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Keith Tallon.(McLean, David) Link corrected on 8/6/2015 (law). (Entered: 08/06/2015)
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Aug. 6, 2015
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Aug. 6, 2015
PACER
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355
|
ORDER granting 354 Stipulated Motion to Enlarge Time to File Reply re: 344 MOTION to Decertify the Class. Defendant's reply shall be filed on or before 8/17/2015. Signed by District Judge J. Garvan Murtha on 8/11/2015. (This is a text-only Order.) (kbl) (Entered: 08/11/2015)
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Aug. 11, 2015
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Aug. 11, 2015
PACER
|
|
356
|
DISCOVERY CERTIFICATE re: Plaintiffs' First Request to Admit by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres.(Hoover, Timothy) (Entered: 08/14/2015)
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Aug. 14, 2015
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Aug. 14, 2015
PACER
|
|
357
|
DISCOVERY CERTIFICATE re: Plaintiffs' First Request for Production of Documents by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres.(Hoover, Timothy) (Entered: 08/14/2015)
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Aug. 14, 2015
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Aug. 14, 2015
PACER
|
|
358
|
DISCOVERY CERTIFICATE re: Plaintiffs' First Request to Inspect by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres.(Hoover, Timothy) (Entered: 08/14/2015)
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Aug. 14, 2015
|
Aug. 14, 2015
PACER
|
|
359
|
DISCOVERY CERTIFICATE re: Plaintiffs' Second Set of Interrogatories by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres.(Hoover, Timothy) (Entered: 08/14/2015)
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Aug. 14, 2015
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Aug. 14, 2015
PACER
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|
360
|
REPLY to Response to 344 MOTION to Decertify the Class filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, Steven Gold, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(McLean, David) Attachment descriptions clarified on 8/18/2015 (law). (Attachment 1 replaced on 8/20/2015) (law). (Attachment 1 replaced on 8/24/2015) (jlh). (Entered: 08/18/2015)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
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Aug. 18, 2015
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Aug. 18, 2015
PACER
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|
361
|
NOTICE OF DOCKET ENTRY CORRECTION re: 360 Reply to Response to Motion, filed by Kathleen Lanman, Stuart Gladding, Anita Carbenelle, Carol Callea, Raymond Flum, John Gorczyk, Robert Hofmann, Steven Gold, Michael O'Malley, Celeste Girrell, Keith Tallon, Andrew Pallito, Daniel Florentine. The document image of Exhibit A has been replaced as the Curriculum Vitae of the unsigned affidavit was excluded. The complete image is now attached as Exhibit A to 360 and this entry. (law) (Main Document 361 replaced on 8/24/2015) (jlh). (Entered: 08/20/2015)
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Aug. 20, 2015
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Aug. 20, 2015
PACER
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|
362
|
MEMORANDUM AND ORDER re: 344 Dft's Motion to Decertify Class is DENIED. Signed by District Judge J. Garvan Murtha on 9/4/2015. (kak) (Entered: 09/04/2015)
|
Sept. 4, 2015
|
Sept. 4, 2015
RECAP
|
|
363
|
DISCOVERY CERTIFICATE - Response to Request for Admissions by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon.(McLean, David) (Entered: 09/11/2015)
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Sept. 11, 2015
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Sept. 11, 2015
PACER
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|
364
|
MOTION for Appearance Pro Hac Vice of William J. Simon, Esq. filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres. (Attachments: # 1 Declaration of Timothy W. Hoover, Esq., # 2 Text of Proposed Order, # 3 Affidavit of William J. Simon, Esq., # 4 Certificates of Good Standing)(jlh) (Entered: 09/15/2015)
1 Declaration of Timothy W. Hoover, Esq.
View on PACER
2 Text of Proposed Order
View on PACER
3 Affidavit of William J. Simon, Esq.
View on PACER
4 Certificates of Good Standing
View on PACER
|
Sept. 15, 2015
|
Sept. 15, 2015
PACER
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|
365
|
MOTION for Appearance Pro Hac Vice of Kenneth A. Manning filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres. (Attachments: # 1 Declaration of Timothy W. Hoover, Esq., # 2 Text of Proposed Order, # 3 Affidavit of Kenneth A. Manning, Esq., # 4 Certificate of Good Standing)(jlh) (Entered: 09/16/2015)
1 Declaration of Timothy W. Hoover, Esq.
View on PACER
2 Text of Proposed Order
View on PACER
3 Affidavit of Kenneth A. Manning, Esq.
View on PACER
4 Certificate of Good Standing
View on PACER
|
Sept. 15, 2015
|
Sept. 15, 2015
PACER
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|
366
|
ORDER granting 364 and 365 Motions for Admission Pro Hac Vice re: William J. Simon, Esq. and Kenneth A. Manning, Esq. on behalf of Plaintiffs. Signed by District Judge J. Garvan Murtha on 9/16/2015. (This is a text-only Order.) (kbl) (Entered: 09/16/2015)
|
Sept. 16, 2015
|
Sept. 16, 2015
PACER
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|
367
|
MOTION for Quarterly Accounting of Attorney Fees and Litigation Costs filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (Attachments: # 1 Attachment A)(McLean, David) (Attachment 1 replaced on 9/17/2015) (law). (Entered: 09/17/2015)
1 Attachment A
View on PACER
|
Sept. 17, 2015
|
Sept. 17, 2015
PACER
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|
368
|
NOTICE OF DOCKET ENTRY CORRECTION re: 367 MOTION for Quarterly Accounting of Attorney Fees and Litigation Costs filed by Kathleen Lanman, Stuart Gladding, Anita Carbenelle, Carol Callea, Raymond Flum, John Gorczyk, Robert Hofmann, Michael O'Malley, Celeste Girrell, Keith Tallon, Andrew Pallito, Daniel Florentine. The document image of the Attachment has been replaced to remove the PDF double-header. The corrected document is now attached to 367 and this entry. (law) Text clarified on 9/18/2015 (law). (Entered: 09/17/2015)
|
Sept. 17, 2015
|
Sept. 17, 2015
PACER
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|
369
|
ORDER REASSIGNING CASE. Case reassigned to Judge Geoffrey W. Crawford for all further proceedings. District Judge J. Garvan Murtha no longer assigned to case. Signed by District Judge J. Garvan Murtha on 9/29/2015. (law) (Entered: 09/29/2015)
|
Sept. 29, 2015
|
Sept. 29, 2015
PACER
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|
370
|
RESPONSE in Opposition re 367 MOTION for Quarterly Accounting of Attorney Fees and Litigation Costs filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres. (Hoover, Timothy) (Entered: 10/01/2015)
|
Oct. 1, 2015
|
Oct. 1, 2015
PACER
|
|
371
|
REPLY to Response to 367 MOTION for Quarterly Accounting of Attorney Fees and Litigation Costs filed by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, Steven Gold, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon. (McLean, David) (Entered: 10/05/2015)
|
Oct. 5, 2015
|
Oct. 5, 2015
PACER
|
|
372
|
OPINION AND ORDER denying 367 Motion for Quarterly Accounting of Attorney Fees and Litigation Costs. The ENE Administrator is requested to correspond with the parties regarding proposed evaluators. Signed by Judge Geoffrey W. Crawford on 10/22/2015. (esb) (Entered: 10/22/2015)
|
Oct. 22, 2015
|
Oct. 22, 2015
RECAP
|
|
373
|
ENE LETTER re: Potential Evaluators sent; responses due by 11/12/2015. (hbc) (Entered: 10/26/2015)
|
Oct. 26, 2015
|
Oct. 26, 2015
PACER
|
|
374
|
DISCOVERY CERTIFICATE - Answer to Interrogatories by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon.(McLean, David) (Entered: 11/04/2015)
|
Nov. 4, 2015
|
Nov. 4, 2015
PACER
|
|
375
|
NOTICE of Attorney Substitution by William J. Simon, Esq as to James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jacob Sexton, Jose Torres(Simon, William) (Entered: 11/12/2015)
|
Nov. 12, 2015
|
Nov. 12, 2015
PACER
|
|
376
|
ENE By Stipulation re: Evaluator Selection by all parties.(Simon, William) (Entered: 11/12/2015)
|
Nov. 12, 2015
|
Nov. 12, 2015
PACER
|
|
377
|
PROPOSED Second Amended Stipulated Discovery Schedule/Order by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres (Simon, William) Text clarified on 11/13/2015 (law). (Entered: 11/12/2015)
|
Nov. 12, 2015
|
Nov. 12, 2015
PACER
|
|
378
|
ENE Evaluator Richard T. Cassidy, Esq. assigned. (hbc) (Entered: 11/13/2015)
|
Nov. 13, 2015
|
Nov. 13, 2015
PACER
|
|
379
|
SECOND AMENDED STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 7/29/2016. Motions due by 8/31/2016. Ready for Trial by 9/30/2016. Signed by Judge Geoffrey W. Crawford on 11/16/2015. (esb) (Entered: 11/16/2015)
|
Nov. 16, 2015
|
Nov. 16, 2015
PACER
|
|
380
|
DISCOVERY CERTIFICATE - Response to Request to Produce by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon.(McLean, David) (Entered: 11/17/2015)
|
Nov. 17, 2015
|
Nov. 17, 2015
PACER
|
|
381
|
ENE LETTER to counsel re: date certain for ENE session due by 12/10/2015. (hbc) (Entered: 12/03/2015)
|
Dec. 3, 2015
|
Dec. 3, 2015
PACER
|
|
382
|
ENE LETTER : ENE session set for 1/27/2016 at 10:00 am by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Keith Tallon (Attachments: # 1 Certificate of Service)(McLean, David) Text clarified on 12/11/2015 (law). (Entered: 12/10/2015)
1 Certificate of Service
View on PACER
|
Dec. 10, 2015
|
Dec. 10, 2015
PACER
|
|
383
|
DISCOVERY CERTIFICATE - Notice of Deposition of David McGee, Richard Pahl, Jose Torres, Kevin Kimber, Daniel Muir and James Anderson by Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon.(McLean, David) (Entered: 12/30/2015)
|
Dec. 30, 2015
|
Dec. 30, 2015
PACER
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|
384
|
STIPULATED MOTION for a Transport Order filed by James Anderson, Carol Callea, Anita Carbenelle, Daniel Florentine, Raymond Flum, Celeste Girrell, Stuart Gladding, Steven Gold, John Gorczyk, Robert Hofmann, Kathleen Lanman, Michael O'Malley, Andrew Pallito, Keith Tallon.(McLean, David) Filer added on 2/16/2016 (jlh). (Entered: 02/12/2016)
|
Feb. 12, 2016
|
Feb. 12, 2016
PACER
|
|
385
|
ORDER granting 384 Stipulated Motion for a Transport Order. Signed by Judge Geoffrey W. Crawford on 2/12/2016. (esb) (Entered: 02/12/2016)
|
Feb. 12, 2016
|
Feb. 12, 2016
PACER
|
|
386
|
ORDER to Transport James Anderson re 384 STIPULATED MOTION Transport Order . Signed by Judge Geoffrey W. Crawford on 2/12/2016. (esb) (Entered: 02/12/2016)
|
Feb. 12, 2016
|
Feb. 12, 2016
PACER
|
|
387
|
REPORT of Early Neutral Evaluation by ENE Evaluator(Cassidy, Richard) (Main Document 387 replaced on 2/17/2016) (jlh). (Entered: 02/16/2016)
|
Feb. 16, 2016
|
Feb. 16, 2016
PACER
|
|
388
|
NOTICE OF DOCKET ENTRY CORRECTION re: 387 Report of ENE filed by ENE Evaluator. The document was in edit mode and has been replaced on the docket. The corrected document is now attached to 387 as well as this entry. (jlh) (Entered: 02/17/2016)
|
Feb. 17, 2016
|
Feb. 17, 2016
PACER
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|
389
|
MOTION to Withdraw as Attorney filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres. (Attachments: # 1 Certificate of Service) (esb) (Entered: 02/23/2016)
1 Certificate of Service
View on PACER
|
Feb. 23, 2016
|
Feb. 23, 2016
PACER
|
|
390
|
ORDER granting 389 MOTION to Withdraw as Attorney. Signed by Judge Geoffrey W. Crawford on 2/24/2016. (This is a text-only Order.) (jal) (Entered: 02/24/2016)
|
Feb. 24, 2016
|
Feb. 24, 2016
PACER
|
|
391
|
THIRD AMENDED PROPOSED Stipulated Discovery Schedule/Order by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres (Simon, William) Text clarified on 5/3/2016 (jlh) (Entered: 05/03/2016)
|
May 3, 2016
|
May 3, 2016
PACER
|
|
392
|
THIRD AMENDED STIPULATED DISCOVERY SCHEDULE/ORDER Discovery due by 1/29/2017. Motions due by 2/28/2017. Early Neutral Evaluation set for 6/8/2016 at 10:00 AM. Ready for Trial by 3/30/2017. Signed by Judge Geoffrey W. Crawford on 5/4/2016. (esb) (Entered: 05/04/2016)
|
May 4, 2016
|
May 4, 2016
PACER
|
|
393
|
STIPULATED MOTION for a Transport Order filed by James Anderson, Kevin Kimber, David McGee, Daniel Muir, Richard Pahl, Jose Torres.(Manning, Kenneth) Text clarified on 6/7/2016 (jlh). (Entered: 06/06/2016)
|
June 6, 2016
|
June 6, 2016
PACER
|
|
394
|
ORDER granting 393 Stipulated Motion for a Transport Order. Signed by Judge Geoffrey W. Crawford on 6/7/2016. (esb) (Entered: 06/07/2016)
|
June 7, 2016
|
June 7, 2016
PACER
|
|
395
|
TRANSPORT ORDER re: James Anderson attendance at the ENE session scheduled for Wednesday, June 8, 2016 at 10:00 a.m.. Signed by Judge Geoffrey W. Crawford on 6/7/2016. (esb) (Entered: 06/07/2016)
|
June 7, 2016
|
June 7, 2016
PACER
|
|
396
|
ENE LETTER to counsel re: past-due second ENE session date. Responses due by 9/12/2016. (hbc) (Entered: 09/01/2016)
|
Sept. 1, 2016
|
Sept. 1, 2016
PACER
|