1
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COMPLAINT against LOUIS S. FOLINO, JOHN KERESTES, JOHN E. WETZEL (Filing fee, including Administrative fee, $400, receipt number 0315-2780406), filed by RUSSELL SHOATZ. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for John E. Wetzel, # 3 Summons for Louis S. Folino, # 4 Summons for John Kerestes) (ksa) (Entered: 05/08/2013)
1 Civil Cover Sheet
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2 Summons for John E. Wetzel
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3 Summons for Louis S. Folino
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4 Summons for John Kerestes
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May 8, 2013
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RECAP
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2
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NOTICE of Appearance by Stefanie A. Lepore on behalf of RUSSELL SHOATZ. (Lepore, Stefanie) (Entered: 05/09/2013)
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May 9, 2013
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PACER
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3
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Notice of Appearance
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May 9, 2013
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PACER
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4
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Notice of Appearance
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May 30, 2013
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PACER
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5
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Waiver of Service Executed
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June 3, 2013
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PACER
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6
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Waiver of Service Executed
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June 3, 2013
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PACER
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7
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Waiver of Service Executed
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June 3, 2013
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PACER
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8
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Order
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June 4, 2013
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RECAP
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9
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Consent to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option
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June 18, 2013
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PACER
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10
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Consent to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option
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June 18, 2013
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PACER
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11
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Proposed Discovery Plan
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June 21, 2013
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PACER
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12
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Motion to Dismiss for Failure to State a Claim
1 Proposed Order
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July 3, 2013
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PACER
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13
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Brief in Support of Motion
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July 3, 2013
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RECAP
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14
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Notice of Appearance
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July 8, 2013
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PACER
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15
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Motion for Extension of Time to File Response/Reply
1 Proposed Order
View on PACER
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July 9, 2013
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PACER
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16
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Case Management Conference
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July 9, 2013
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PACER
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17
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Order on Motion for Extension of Time to File Response/Reply
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July 9, 2013
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PACER
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18
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Motion to Appear Pro Hac Vice
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July 31, 2013
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PACER
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19
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Errata
1 Affidavit
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2 Exhibit A
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3 Proposed Order
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July 31, 2013
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PACER
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20
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Proposed Case Management Order
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Aug. 20, 2013
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PACER
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21
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Case Management Order
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Aug. 21, 2013
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PACER
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22
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Status Report
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Sept. 4, 2013
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PACER
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23
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Brief in Opposition to Motion
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Sept. 17, 2013
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RECAP
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24
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Reply to Response to Motion
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Oct. 21, 2013
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PACER
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25
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Motion to Amend/Correct
1 Exhibit A
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2 Proposed Order
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Nov. 4, 2013
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PACER
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26
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Proposed Case Management Order
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Nov. 8, 2013
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PACER
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27
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Case Management Order
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Nov. 12, 2013
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PACER
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28
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Notice of Appearance
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Dec. 18, 2013
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PACER
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29
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MEMORANDUM OPINION and ORDER denying 12 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Cynthia Reed Eddy on 1/27/2014. (bsc)
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Jan. 27, 2014
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RECAP
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30
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Motion for Extension of Time to File Answer
1 Proposed Order
View on PACER
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Feb. 10, 2014
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PACER
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31
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Answer to Complaint
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Feb. 20, 2014
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PACER
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32
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Status Report
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Feb. 24, 2014
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PACER
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33
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Motion to Amend/Correct
1 Scheduling Motion Certificate
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2 Proposed Order #1
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3 Proposed Order #2
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March 13, 2014
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PACER
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34
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Order on Motion to Amend/Correct
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March 15, 2014
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PACER
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35
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Motion to Amend/Correct
1 PROPOSED JOINT AMENDED CASE MANAGEMENT ORDER
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2 Proposed Order
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May 12, 2014
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PACER
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36
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Case Management Order
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May 12, 2014
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PACER
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37
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Motion to Amend/Correct
1 Proposed Order
View on PACER
2 Exhibit
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July 1, 2014
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PACER
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38
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Order on Motion to Amend/Correct
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July 2, 2014
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PACER
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39
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Motion for Extension of Time to Complete Discovery
1 Proposed Order
View on PACER
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July 31, 2014
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PACER
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40
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Order on Motion for Extension of Time to Complete Discovery
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Aug. 1, 2014
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PACER
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41
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Notice of Appearance
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Oct. 2, 2014
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PACER
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42
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Motion for Protective Order
1 Exhibit s A-E
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2 Proposed Order
View on PACER
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Oct. 15, 2014
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PACER
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43
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Motion to Amend/Correct
1 Brief in Support
View on PACER
2 Exhibit
View on PACER
3 Proposed Order
View on PACER
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Oct. 16, 2014
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PACER
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45
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Brief in Support of Motion
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Oct. 16, 2014
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PACER
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44
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Order on Motion to Amend/Correct
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Oct. 17, 2014
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PACER
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46
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Reply Brief
1 Exhibit
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2 Exhibit
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3 Exhibit
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4 Exhibit
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Oct. 20, 2014
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PACER
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47
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Notice of Appearance
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Oct. 21, 2014
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PACER
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48
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Reply to Response to Motion
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Oct. 21, 2014
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PACER
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49
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Order on Motion for Protective Order
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Oct. 21, 2014
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PACER
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50
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Amended Complaint
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Nov. 21, 2014
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RECAP
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51
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Case Management Order
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Nov. 22, 2014
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PACER
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52
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Answer to Amended Complaint
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Dec. 5, 2014
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PACER
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53
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Motion to Extend Time
1 Proposed Order
View on PACER
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Jan. 12, 2015
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PACER
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54
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Motion to Extend Time
1 Proposed Order
View on PACER
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April 29, 2015
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PACER
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55
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Errata
1 Proposed Order
View on PACER
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April 29, 2015
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PACER
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57
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Motion to Extend Time
1 Proposed Order
View on PACER
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June 15, 2015
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PACER
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59
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Motion to Extend Time
1 Proposed Order
View on PACER
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July 15, 2015
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PACER
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61
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Motion for Summary Judgment
1 Proposed Order
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2 Brief in Support
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3 Statement of Facts
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4 Exhibit 1
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5 Exhibit 2
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6 Exhibit 3
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7 Exhibit 4
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8 Exhibit 5
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9 Exhibit 6
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10 Exhibit 7
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11 Exhibit 8
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12 Exhibit 9
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13 Exhibit 10
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14 Exhibit 11
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15 Exhibit 12
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16 Exhibit 13
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17 Exhibit 14
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18 Exhibit 15
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19 Exhibit 16
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20 Exhibit 17
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21 Exhibit 18
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22 Exhibit 19
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23 Exhibit 20
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24 Exhibit 21
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25 Exhibit 22
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July 15, 2015
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PACER
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62
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Brief in Support of Motion
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July 15, 2015
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PACER
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63
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Concise Statement of Material Facts
1 Exhibit 1
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2 Exhibit 2
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3 Exhibit 3
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4 Exhibit 4
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5 Exhibit 5
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6 Exhibit 6
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7 Exhibit 7
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8 Exhibit 8
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9 Exhibit 9
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10 Exhibit 10
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11 Exhibit 11
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12 Exhibit 12
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13 Exhibit 13
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14 Exhibit 14
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15 Exhibit 15
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16 Exhibit 16
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17 Exhibit 17
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18 Exhibit 18
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19 Exhibit 19
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20 Exhibit 20
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21 Exhibit 21
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22 Exhibit 22
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July 15, 2015
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PACER
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65
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Motion to Extend Time
1 Proposed Order
View on PACER
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July 30, 2015
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PACER
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67
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Motion for Summary Judgment
1 Proposed Order
View on PACER
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Aug. 6, 2015
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PACER
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68
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Brief in Support of Motion
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Aug. 6, 2015
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PACER
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69
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Concise Statement of Material Facts
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Aug. 6, 2015
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PACER
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70
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Appendix
1 Exhibit Nos. 1-5
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2 Exhibit No. 6
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3 Exhibit No. 7
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4 Exhibit Nos. 8-20
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5 Exhibit Nos. 21-29
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6 Exhibit Nos. 30-34
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7 Exhibit No. 35 (Wetzel Dep)
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8 Exhibit No. 36 (Folino Dep)
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9 Exhibit No. 37 (Kerestes Dep)
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10 Exhibit No. 38 (Winfield Dep)
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Aug. 6, 2015
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PACER
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71
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Motion to Strike
1 Proposed Order
View on PACER
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Aug. 7, 2015
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PACER
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72
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Motion for Leave to File Excess Pages
1 Proposed Order
View on PACER
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Aug. 7, 2015
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PACER
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76
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Motion for Extension of Time to File Response/Reply
1 Proposed Order
View on PACER
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Aug. 31, 2015
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PACER
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79
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Brief in Opposition to Motion
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Sept. 18, 2015
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PACER
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80
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Counter Statement of Facts
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Sept. 18, 2015
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PACER
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81
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Appendix
1 Exhibit
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2 Exhibit
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3 Exhibit
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4 Exhibit
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5 Exhibit
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6 Exhibit
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7 Exhibit
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8 Exhibit
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9 Exhibit
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10 Exhibit
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11 Exhibit
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12 Exhibit
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13 Exhibit
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14 Exhibit
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15 Exhibit
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16 Exhibit
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17 Exhibit
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18 Exhibit
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19 Exhibit
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20 Exhibit
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21 Exhibit
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22 Exhibit
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Sept. 18, 2015
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PACER
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82
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Response to Motion
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Sept. 30, 2015
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PACER
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83
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Counter Statement of Facts
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Sept. 30, 2015
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PACER
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84
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Counter Statement of Facts
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Oct. 6, 2015
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PACER
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85
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Reply Brief
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Oct. 8, 2015
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PACER
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87
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MEMORANDUM OPINION AND ORDER denying 61 Plaintiff's Motion for Summary Judgment and denying 67 Defendants' Motion for Summary Judgment as the Court finds that disputes of material fact exist which must be resolved by a jury. Signed by Magistrate Judge Cynthia Reed Eddy on 2/12/2016. (bsc)
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Feb. 12, 2016
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RECAP
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89
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Pretrial Order
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March 3, 2016
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PACER
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91
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Report of Mediation
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May 10, 2016
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PACER
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92
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Order for Statistical Case Closing
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May 12, 2016
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PACER
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93
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Stipulation of Dismissal
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July 7, 2016
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PACER
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94
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Order
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July 25, 2016
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PACER
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56
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TEXT ORDER granting 54 Defendants' Motion to Extend Time to file summary judgment motion. Defendants' are granted an extension until 6/15/2015 to file their summary judgment motion and Plaintiff's deadlines are adjusted accordingly. Signed by Magistrate Judge Cynthia Reed Eddy on 4/29/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) Modified on 5/1/2015 to correct typo. (ksa) (Entered: 04/30/2015)
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April 30, 2015
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58
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TEXT ORDER granting 57 Motion to Extend Time to file summary judgment motion. Defendants are granted an extension until 7/15/2015 to file their summary judgment motion and Plaintiff's deadlines are adjusted accordingly. Signed by Magistrate Judge Cynthia Reed Eddy on 6/15/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 06/15/2015)
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June 15, 2015
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60
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ORDER granting 59 Motion to Extend Time to file summary judgment motion. Defendants' are granted an extension until 7/30/15 to file their summary judgment motion and Plaintiff's deadlines are adjusted accordingly. Signed by Magistrate Judge Cynthia Reed Eddy on 7/15/15. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J) (Entered: 07/15/2015)
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July 15, 2015
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64
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TEXT ORDER Response/Briefing Schedule re 61 Plaintiff's Motion for Summary Judgment. Defendants shall file a brief in opposition on or before 8/31/2015. Plaintiff, if he so chooses, may file a Reply by 9/4/2015. Signed by Magistrate Judge Cynthia Reed Eddy on 7/21/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 07/21/2015)
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July 21, 2015
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66
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TEXT ORDER granting 65 Defendants' Motion to Extend Time to file summary judgment. Defendants' Motion for Summary Judgment is due on or before August 6, 2015. Plaintiff's response deadline is adjusted accordingly. Signed by Magistrate Judge Cynthia Reed Eddy on 7/30/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 07/30/2015)
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July 30, 2015
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74
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ORDER denying as moot 71 Motion to Strike 68 Brief in Support of Motion. Plaintiff may exceed the page limitation if necessary in his Response. Signed by Magistrate Judge Cynthia Reed Eddy on 8/10/15. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) (Entered: 08/10/2015)
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Aug. 10, 2015
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75
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TEXT ORDER Response/Briefing Schedule re 67 Defendants' Motion for Summary Judgment. Plaintiff shall file a Brief in Opposition on or before 9/18/2015. Defendants' Reply may be filed on or before 10/2/2015. Signed by Magistrate Judge Cynthia Reed Eddy on 8/19/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 08/19/2015)
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Aug. 19, 2015
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77
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TEXT ORDER granting 76 Motion for Extension of Time to File Response to Plaintiff's Motion for Summary Judgment 61 . Responses due by 9/30/2015; Reply due by 10/8/2015. No future requests for extensions will be granted. Signed by Magistrate Judge Cynthia Reed Eddy on 9/1/2015. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 09/01/2015)
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Sept. 1, 2015
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78
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ORDER : The Presumptive trial date of 11/16/2015 has been canceled until further ORDER of COURT. Signed by Magistrate Judge Cynthia Reed Eddy on 9/18/15. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (jlh) (Entered: 09/18/2015)
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Sept. 18, 2015
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86
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TEXT ORDER − Based on Plaintiff's representation that he withdraws his claims for relief against Defendant Kerestes, see ECF No. 79 foot note 1, Defendant Kerestes is hereby DISMISSED from this lawsuit. Signed by Magistrate Judge Cynthia Reed Eddy on 2/1/2016. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (bsc) Modified on 2/2/2016 to edit docket text. (ksa) (Entered: 02/01/2016)
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Feb. 1, 2016
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88
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ORDER: A Status Conference is scheduled for 3/3/16 at 2:00 PM in Room 10160 before Magistrate Judge Cynthia Reed Eddy for the purpose of scheduling further proceedings. All counsel must attend and bring their calendars to the conference. Signed by Magistrate Judge Cynthia Reed Eddy on 2/18/16. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) (Entered: 02/18/2016)
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Feb. 18, 2016
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Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Status / Scheduling Conference held on 3/3/2016. In attendance for Plaintiff were: Richard L. Etter, Stefanie Lepore Burt, Bret Grote, Dustin McDaniel, and Harold J. Engel. In attendance for Defendants were Mary Lynch Friedline and Scott A. Bradley. The parties indicated a willingness to return to mediation before Judge Kenneth Benson. The Court discussed the Pretrial Order which will be entered on this date. (Court Reporter: none) Text−only entry; no PDF document will issue. This text−only entry constitutes a Minute of the Court or Notice on the matter. (bsc) (Entered: 03/03/2016)
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March 3, 2016
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90
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ORDER : A Conference Call has been scheduled for 5/12/2016 at 02:00 PM before Magistrate Judge Cynthia Reed Eddy. Counsel for the plaintiff shall initiate the call. Signed by Magistrate Judge Cynthia Reed Eddy on 5/5/16. Text−only entry; no PDF document will issue. This text−only entry constitutes the Order of the Court or Notice on the matter. (jlh) (Entered: 05/05/2016)
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May 5, 2016
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