1
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COMPLAINT FILED (ESH) (Entered: 05/27/2004)
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May 27, 2004
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May 27, 2004
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2
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ORDER by Judge David G. Campbell Pla shall effect service of the complaint and summons on all dfts within 120 days after the filing of the complaint. Initial order shall serve as notice to pla under Rule 4(m) that the Court may dismiss this action without further notice with respect to any dft(s) named in the complaint that are not served within this time period. Pla (s) shall notify Court in writing when service has been accomplished on dft(s) in accordance with Rule 4 and shall request Court set a Case Management Conference. Pla(s) shall provide notification to the Court within 10 days after service of the complaint on all dft(s). Upon receipt of such notice, Court will issue an order setting Rule 16 Case Management Conference that directs parties to comply with Rule 26(f) of the Fed Rules of Cv Procedure and describes the Case Management Report that must be filed by parties before the Case Management Conference. As stated in Rule 16(d), parties shall not seek disc from any source until they have conferred as required by Rule 26(f). Pla(s) shall ensure that all dft(s) promptly receive a copy of this order.(cc: all counsel) re: order filed [2−1] (DMT) (ADI−ICMS, ). (Entered: 06/08/2004)
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June 8, 2004
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June 8, 2004
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3
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AMENDED COMPLAINT by pla;; jury demand [1−1] ; (DMT) (Entered: 06/16/2004)
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June 15, 2004
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June 15, 2004
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4
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RETURN OF SERVICE EXECUTED summons/complaint upon dft Luby's Inc on 6/4/04 in San Antonio, TX (DMT) (Entered: 06/16/2004)
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June 15, 2004
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June 15, 2004
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5
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RETURN OF SERVICE EXECUTED summons/complaint upon dft Luby's Inc on 6/17/04 in San Antonio, TX (DMT) (Entered: 06/25/2004)
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June 24, 2004
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June 24, 2004
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6
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CORPORATE DISCLOSURE STATEMENT by dft (DMT) (Entered: 06/25/2004)
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June 24, 2004
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June 24, 2004
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7
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ANSWER to complaint [1−1], complaint (amended) [3−1] by dft; jury demand (DMT) (Entered: 06/25/2004)
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June 24, 2004
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June 24, 2004
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8
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MOTION for admission pro hac vice as to Terrence B Robinson of Neel & Hooper 1700 W Loop South Suite 1400 Houston, TX 77027, atty for dft [8−1] (DMT) (Entered: 06/25/2004)
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June 24, 2004
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June 24, 2004
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Pro Hac Vice $25 Fee Paid as to Terrence B Robinson (BAS) (Entered: 06/25/2004)
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June 25, 2004
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June 25, 2004
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10
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ORDER by Judge David G. Campbell ; prel scheduling conf set for 10:00 7/30/04 (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 07/01/2004)
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July 1, 2004
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July 1, 2004
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11
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NOTICE by pla of service of initial order of 6/7/04 and amended complaint summons on dft (DMT) (Entered: 07/02/2004)
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July 1, 2004
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July 1, 2004
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12
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ORDER by Judge David G. Campbell ; prel scheduling conf reset for 10:00 8/13/04 (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 07/06/2004)
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July 6, 2004
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July 6, 2004
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13
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CASE MGT PLAN/REPORT: ; ; (DMT) (Entered: 08/09/2004)
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Aug. 6, 2004
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Aug. 6, 2004
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14
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MOTION to intervene as pla by Sally Case [14−1] (lodged pla's intervenor complaint at docket clerk's desk) (DMT) (Entered: 08/10/2004)
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Aug. 9, 2004
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Aug. 9, 2004
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15
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MINUTE ENTRY before Judge David G. Campbell. Crt Rptr: Patricia Lyons. Appearances: Sally Shanley for pla; Kimberly Fatica for dft; Rose Daly−Rooney for intervenor Sally Case. Motion to intervene discussed and granted. Order to follow. Preliminary scheduling conference held. Dispositive motions due 7/1/05. Order to follow. [cc: DGC] [15−2] (LMR) (Entered: 08/17/2004)
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Aug. 13, 2004
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Aug. 13, 2004
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16
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ORDER by Judge David G. Campbell granting motion to intervene as pla by Sally Case [14−1] pursuant to Federal Rule of Civil Procedure 24(a); FURTHER ORDERED that the complaint lodged with the motio to intervene is deemed filed as of the date of this order (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 08/18/2004)
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Aug. 18, 2004
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Aug. 18, 2004
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17
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INTERVENOR COMPLAINT by intervenor pla Sally Case (OK to file per order #16 8/18/04) (LAD) (Entered: 08/18/2004)
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Aug. 18, 2004
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Aug. 18, 2004
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18
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SCHEDULING ORDER by Judge David G. Campbell ; discovery due 6/1/05 (cc: all counsel) re: order (scheduling) [18−1] (LAD) (ADI−ICMS, ). (Entered: 08/18/2004)
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Aug. 18, 2004
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Aug. 18, 2004
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19
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ANSWER to intervenor complaint [17−1] by dft Luby's Inc; jury demand (DMT) (Entered: 08/26/2004)
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Aug. 25, 2004
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Aug. 25, 2004
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20
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NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by intervenor−plaintiff Sally Case (DMT) (Entered: 09/15/2004)
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Sept. 10, 2004
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Sept. 10, 2004
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21
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NOTICE of service of initial disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (KCS) (Entered: 09/21/2004)
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Sept. 16, 2004
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Sept. 16, 2004
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22
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NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (DMT) (Entered: 09/22/2004)
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Sept. 20, 2004
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Sept. 20, 2004
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23
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NOTICE of service of discovery by dft Luby's Inc . (KCS) Modified on 10/21/2004 (Entered: 09/24/2004)
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Sept. 23, 2004
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Sept. 23, 2004
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24
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MOTION to disqualify cnsl Kim Fatica and firm of Brockelman & Fatica by intervenor−plaintiff Sally Case [24−1] (DMT) (Entered: 10/20/2004)
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Oct. 15, 2004
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Oct. 15, 2004
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25
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Sally Case on the following date(s): 12/15/04 (KCS) (Entered: 10/27/2004)
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Oct. 26, 2004
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Oct. 26, 2004
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26
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NOTICE of service of discovery by intervenor−plaintiff Sally Case . (KCS) (Entered: 10/27/2004)
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Oct. 26, 2004
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Oct. 26, 2004
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27
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NOTICE of service of discovery responses by pla EEOC . (FMP) (Entered: 11/02/2004)
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Oct. 28, 2004
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Oct. 28, 2004
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28
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ATTORNEY APPEARANCE for dft Luby's Inc by Michael S Rubin, Gary L Birnbaum w/ Mariscal, Weeks, McIntyre & Friedlander PA (FMP) (Entered: 11/03/2004)
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Oct. 29, 2004
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Oct. 29, 2004
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29
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STIPULATION to extend time for 1 week, up to & including 11/08/04 to respond to Intervenor/Pla's Motion for Disqualification of Counsel by dft Luby's Inc, intervenor−plaintiff Sally Case (FMP) (Entered: 11/03/2004)
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Oct. 29, 2004
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Oct. 29, 2004
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31
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MOTION to exceed the page limit for doc(s) response by dft Luby's Inc [31−1] to pla's motion for disqualification of cnsl (lodged response at docket clerk's desk) (DMT) (Entered: 11/16/2004)
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Nov. 8, 2004
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Nov. 8, 2004
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32
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STIPULATION as to mental health treatment records by pla, dft (DMT) (Entered: 11/16/2004)
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Nov. 12, 2004
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Nov. 12, 2004
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33
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ORDER by Judge David G. Campbell granting motion to exceed the page limit for doc(s) response by dft Luby's Inc [31−1] to pla's motion for disqualification of cnsl (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 11/16/2004)
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Nov. 16, 2004
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Nov. 16, 2004
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34
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RESPONSE by dft to motion to disqualify cnsl Kim Fatica and firm of Brockelman & Fatica by intervenor−plaintiff Sally Case [24−1] (DMT) (Entered: 11/16/2004)
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Nov. 16, 2004
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Nov. 16, 2004
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35
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PROTECTIVE ORDER by Judge David G. Campbell : granting stipulation as to mental health treatment records by pla, dft (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 11/16/2004)
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Nov. 16, 2004
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Nov. 16, 2004
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36
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STIPULATION to extend time to respond to dfts reply for disqualification of counsel by pla EEOC (SRB) (Entered: 11/24/2004)
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Nov. 17, 2004
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Nov. 17, 2004
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37
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REPLY by pla to response to motion to disqualify cnsl Kim Fatica and firm of Brockelman & Fatica by intervenor−plaintiff Sally Case [24−1] (DMT) (Entered: 11/30/2004)
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Nov. 22, 2004
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Nov. 22, 2004
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38
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NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (DMT) (Entered: 11/30/2004)
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Nov. 23, 2004
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Nov. 23, 2004
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39
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ORDER by Judge David G. Campbell granting stipulation to extend time to 11/22/04 for pla−intervenor to reply to dfts response for disqualification of counsel by pla EEOC (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 11/30/2004)
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Nov. 30, 2004
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Nov. 30, 2004
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40
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NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (SRB) (Entered: 12/03/2004)
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Nov. 30, 2004
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Nov. 30, 2004
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41
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Sally Case on the following date(s): 12/15/04 (SRB) (Entered: 12/03/2004)
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Nov. 30, 2004
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Nov. 30, 2004
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42
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NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor−plaintiff Sally Case (KMG) (Entered: 12/07/2004)
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Dec. 2, 2004
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Dec. 2, 2004
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43
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Marianne Case on the following date(s): 12/16/04 (KMG) (Entered: 12/07/2004)
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Dec. 2, 2004
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Dec. 2, 2004
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44
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Jennifer Case on the following date(s): 12/16/04 (KMG) (Entered: 12/07/2004)
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Dec. 2, 2004
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Dec. 2, 2004
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45
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NOTICE of compliance of third suppl disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (KMG) (Entered: 12/07/2004)
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Dec. 2, 2004
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Dec. 2, 2004
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46
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SUPPLEMENTAL by dft Luby's Inc to response to motion for disquailification of counsel [34−1] (SRB) (Entered: 12/16/2004)
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Dec. 14, 2004
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Dec. 14, 2004
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47
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ORDER by Judge David G. Campbell denying motion to disqualify cnsl Kim Fatica and firm of Brockelman & Fatica by intervenor−plaintiff Sally Case [24−1] (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 12/17/2004)
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Dec. 17, 2004
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Dec. 17, 2004
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48
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NOTICE (amended) by dft Luby's Inc OF TAKING DEPO OF Sally Case on the following date(s): 03/03/05 @ 9:00 a.m. (KCS) (Entered: 01/14/2005)
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Jan. 11, 2005
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Jan. 11, 2005
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49
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Marianne Case on the following date(s): 02/02/05 @ 10:00 a.m. (KCS) (Entered: 01/14/2005)
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Jan. 11, 2005
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Jan. 11, 2005
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50
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Jennifer Case on the following date(s): 02/02/05 @ 1:00 p.m. (KCS) (Entered: 01/14/2005)
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Jan. 11, 2005
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Jan. 11, 2005
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52
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NOTICE of service of discovery by intervenor−plaintiff Sally Case . (MAP) (Entered: 02/02/2005)
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Jan. 27, 2005
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Jan. 27, 2005
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53
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JOINT REPORT by pla, dft regarding settlement discussions (SRB) (Entered: 02/15/2005)
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Feb. 8, 2005
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Feb. 8, 2005
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54
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NOTICE of service of discovery by intervenor−plaintiff Sally Case (LAD) (Entered: 02/16/2005)
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Feb. 11, 2005
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Feb. 11, 2005
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55
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NOTICE of compliance of 1st supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 02/16/2005)
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Feb. 11, 2005
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Feb. 11, 2005
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56
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Custodian of Records for Olive Garden on the following date(s): 3/1/05 (SRB) (Entered: 02/24/2005)
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Feb. 16, 2005
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Feb. 16, 2005
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57
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Custodian of Records for Cactus Kindercare on the following date(s): 3/1/05 (SRB) (Entered: 02/24/2005)
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Feb. 16, 2005
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Feb. 16, 2005
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58
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Custodian of Records for Sunrise Preschool on the following date(s): 3/1/05 (SRB) (Entered: 02/24/2005)
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Feb. 16, 2005
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Feb. 16, 2005
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59
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NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by intervenor−plaintiff Sally Case as to expert witness disclosure and report (DMT) (Entered: 03/02/2005)
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March 1, 2005
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March 1, 2005
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60
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ORDER by Judge David G. Campbell that disc conference was held and expert disclosure to be filed by 3/15/05 for pla and 4/15/05 for dfts with rebuttal expert disclosure by 5/1/05 and deposition completion for experts of 6/1/05 shall remain unchanged and all other provisions of the Case Management Order #18 shall remain in effect. (cc: all counsel) re: order filed [60−1] (DMT) (ADI−ICMS, ). (Entered: 03/02/2005)
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March 2, 2005
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March 2, 2005
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61
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NOTICE of service of discovery by intervenor−plaintiff Sally Case . (KMG) (Entered: 03/07/2005)
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March 3, 2005
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March 3, 2005
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62
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NOTICE of service of discovery by intervenor−plaintiff Sally Case . (KMG) (Entered: 03/07/2005)
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March 3, 2005
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March 3, 2005
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63
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NOTICE of compliance of supplemental disclosure statement pursuant to FRCivP 26(a) by intervenor−plaintiff Sally Case as to expert witness disclosure and report (DMT) (Entered: 03/16/2005)
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March 9, 2005
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March 9, 2005
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64
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NOTICE of service of discovery by intervenor−plaintiff Sally Case . (DMT) (Entered: 03/23/2005)
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March 11, 2005
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March 11, 2005
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65
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NOTICE of service of discovery by intervenor−plaintiff Sally Case . (DMT) (Entered: 03/23/2005)
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March 11, 2005
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March 11, 2005
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66
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NOTICE of service of discovery by dft Luby's Inc . (KCS) (Entered: 03/24/2005)
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March 15, 2005
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March 15, 2005
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67
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MOTION for Rule 35 exams by dft Luby's Inc [67−1] , and for extension of expert witness disclosure ddl by dft [67−2] (DMT) (Entered: 03/28/2005)
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March 15, 2005
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March 15, 2005
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68
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SEALED Document re: exhibit C, F,G re motion 67 by dft (DMT) (Entered: 03/28/2005)
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March 15, 2005
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March 15, 2005
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69
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NOTICE of compliance of Luby's 4th Supplemental disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (FMP) (Entered: 03/29/2005)
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March 17, 2005
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March 17, 2005
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70
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Custodian of Records, Fry's Food & Drug, 2727 W Bell Rd, Phx on the following date(s): 04/05/05 (FMP) (Entered: 03/29/2005)
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March 21, 2005
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March 21, 2005
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75
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NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Melissa Joy Nye on the following date(s): 4/5/05 at 9 am (LAD) (Entered: 03/31/2005)
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March 23, 2005
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March 23, 2005
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76
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NOTICE by pla EEOC OF TAKING DEPO OF Keith Martin on the following date(s): 4/6/05 at 9 am (LAD) (Entered: 03/31/2005)
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March 23, 2005
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March 23, 2005
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78
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NOTICE of compliance of expert disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 03/31/2005)
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March 23, 2005
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March 23, 2005
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71
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MOTION for reconsideration of order granting dft's motion for Rule 35 examinations of Sally Case by pla EEOC, intervenor−plaintiff Sally Case [71−1] (DMT) (Entered: 03/31/2005)
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March 24, 2005
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March 24, 2005
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72
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FIRST AMENDED NOTICE by pla OF TAKING DEPO OF Keith Martin on the following date(s): 4/7/05 (DMT) (Entered: 03/31/2005)
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March 29, 2005
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March 29, 2005
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73
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NOTICE (first amended) by pla OF TAKING DEPO OF Melissa Joy Nye on the following date(s): 4/6/05 (DMT) (Entered: 03/31/2005)
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March 29, 2005
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March 29, 2005
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74
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ORDER by Judge David G. Campbell, disc conference held 3/22/05, dft may conduct a Rule 35 examination of Sally Case. Denying motion for Rule 35 exams by dft Luby's Inc [67−1], denying motion for extension of expert witness disclosure ddl by dft [67−2] as it violates order. Court's order as to the Rule 35 examination as set forth in this order shall not be altered by this denial (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 03/31/2005)
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March 31, 2005
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March 31, 2005
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79
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ORDER by Judge David G. Campbell denying motion for reconsideration of order granting dft's motion for Rule 35 examinations of Sally Case by pla EEOC, intervenor−plaintiff Sally Case [71−1] (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 03/31/2005)
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March 31, 2005
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March 31, 2005
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81
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NOTICE of compliance of sixth supplemental disclosure statement pursuant to FRCivP 26(a) by dfts (DMT) (Entered: 04/04/2005)
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April 1, 2005
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April 1, 2005
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80
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ORDER by Judge David G. Campbell as to telephone conference held 4/1/05 as to Rule 35 examination of Sally Case. (cc: all counsel) re: order filed [80−1] (DMT) (ADI−ICMS, ). (Entered: 04/04/2005)
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April 4, 2005
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April 4, 2005
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83
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NOTICE of service of discovery by pla. (DMT) (Entered: 04/11/2005)
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April 8, 2005
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April 8, 2005
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84
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Tannaer Case, Dr Robert D Schulte on the following date(s): 5/11/05 (DMT) (Entered: 04/11/2005)
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April 8, 2005
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April 8, 2005
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85
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Marianne Case and Leti Cano on the following date(s): 5/10/05 (DMT) (Entered: 04/11/2005)
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April 8, 2005
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April 8, 2005
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86
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NOTICE by dft Luby's Inc OF TAKING DEPO OF Ishmael Holguin on the following date(s): 5/12/05 (DMT) (Entered: 04/11/2005)
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April 8, 2005
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April 8, 2005
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87
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NOTICE of compliance of seventh supplemental disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (DMT) (Entered: 04/11/2005)
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April 8, 2005
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April 8, 2005
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88
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NOTICE of compliance of eighth supplemental disclosure statement pursuant to FRCivP 26(a) by dft (DMT) (Entered: 04/11/2005)
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April 8, 2005
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April 8, 2005
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82
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ORDER by Judge David G. Campbell re: the 4/7/05 disc conference call with parties (cc: all counsel) re: order filed [82−1] (DMT) (ADI−ICMS, ). (Entered: 04/11/2005)
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April 11, 2005
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April 11, 2005
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89
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NOTICE of compliance of ninth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Luby's Inc (DMT) (Entered: 04/12/2005)
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April 11, 2005
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April 11, 2005
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90
|
NOTICE of service of discovery by dft Luby's Inc . (SRB) (Entered: 04/14/2005)
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April 12, 2005
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April 12, 2005
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91
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NOTICE of compliance of ninth supplemental disclosure statement pursuant to FRCivP 26(a) by dft (DMT) (Entered: 04/14/2005)
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April 13, 2005
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April 13, 2005
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92
|
NOTICE of service of discovery by intervenor−plaintiff Sally Case . (KCS) (Entered: 04/18/2005)
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April 15, 2005
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April 15, 2005
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93
|
BRIEF FILED re applicability of work produce doctrine to testimony related to dft's internal investigation by pla EEOC (KCS) (Entered: 04/18/2005)
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April 15, 2005
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April 15, 2005
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94
|
NOTICE of service of expert witness disclosure statement pursuant to FRCivP 26(a)(2) by dft Luby's Inc (LSP) (Entered: 04/19/2005)
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April 18, 2005
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April 18, 2005
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95
|
NOTICE of service of discovery by pla. (LCF) (Entered: 04/22/2005)
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April 21, 2005
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April 21, 2005
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97
|
NOTICE by pla EEOC OF TAKING DEPO OF Kenneth Judd on the following date(s): 5/3/05 (LCF) (Entered: 04/25/2005)
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April 22, 2005
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April 22, 2005
|
98
|
NOTICE by pla EEOC OF TAKING DEPO OF Moises Martinez on the following date(s): 5/3/05 (LCF) (Entered: 04/25/2005)
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April 22, 2005
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April 22, 2005
|
99
|
NOTICE by pla EEOC OF TAKING DEPO OF Keith Martin on the following date(s): 5/23/05 (LCF) (Entered: 04/25/2005)
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April 22, 2005
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April 22, 2005
|
100
|
NOTICE by pla EEOC OF TAKING DEPO OF Gary Black on the following date(s): 5/23/05 (LCF) (Entered: 04/25/2005)
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April 22, 2005
|
April 22, 2005
|
101
|
NOTICE by pla EEOC OF TAKING DEPO OF Melissa Joy Nye on the following date(s): 5/24/05 (LCF) (Entered: 04/25/2005)
|
April 22, 2005
|
April 22, 2005
|
102
|
NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Sara "Sally" Aguilar on the following date(s): 5/24/05 (LCF) (Entered: 04/25/2005)
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April 22, 2005
|
April 22, 2005
|
103
|
ORDER by Judge David G. Campbell counsel for Luby's shall have until 4/26/05 to file its brief on the work product issue and that pla deposition of Dfts Rule 30(b)(6) witness may occur on or before 5/20/05 (cc: all counsel) re: order filed [103−1] (SRB) (ADI−ICMS, ). (Entered: 04/25/2005)
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April 25, 2005
|
April 25, 2005
|
104
|
NOTICE by dft Luby's Inc OF TAKING DEPO OF Dorothy Kret on the following date(s): 5/12/05 (LSP) (Entered: 04/27/2005)
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April 26, 2005
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April 26, 2005
|