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
View on PACER
2 Summons for John E. Wetzel
View on PACER
3 Summons for Louis S. Folino
View on PACER
4 Summons for John Kerestes
View on PACER
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May 8, 2013
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May 8, 2013
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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May 9, 2013
PACER
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3
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Notice of Appearance
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May 9, 2013
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May 9, 2013
PACER
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4
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Notice of Appearance
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May 30, 2013
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May 30, 2013
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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June 3, 2013
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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June 3, 2013
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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June 3, 2013
PACER
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8
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Order
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June 4, 2013
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June 4, 2013
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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June 18, 2013
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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June 18, 2013
PACER
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11
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Proposed Discovery Plan
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June 21, 2013
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June 21, 2013
PACER
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12
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Motion to Dismiss for Failure to State a Claim
1 Proposed Order
View on PACER
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July 3, 2013
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July 3, 2013
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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July 3, 2013
RECAP
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14
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Notice of Appearance
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July 8, 2013
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July 8, 2013
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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July 9, 2013
PACER
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16
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Case Management Conference
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July 9, 2013
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July 9, 2013
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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July 9, 2013
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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July 31, 2013
PACER
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19
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Errata
1 Affidavit
View on PACER
2 Exhibit A
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3 Proposed Order
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July 31, 2013
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July 31, 2013
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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Aug. 20, 2013
PACER
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21
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Case Management Order
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Aug. 21, 2013
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Aug. 21, 2013
PACER
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22
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Status Report
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Sept. 4, 2013
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Sept. 4, 2013
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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Sept. 17, 2013
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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Oct. 21, 2013
PACER
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25
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Motion to Amend/Correct
1 Exhibit A
View on PACER
2 Proposed Order
View on PACER
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Nov. 4, 2013
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Nov. 4, 2013
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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Nov. 8, 2013
PACER
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27
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Case Management Order
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Nov. 12, 2013
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Nov. 12, 2013
PACER
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28
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Notice of Appearance
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Dec. 18, 2013
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Dec. 18, 2013
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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Jan. 27, 2014
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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Feb. 10, 2014
PACER
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31
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Answer to Complaint
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Feb. 20, 2014
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Feb. 20, 2014
PACER
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32
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Status Report
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Feb. 24, 2014
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Feb. 24, 2014
PACER
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33
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Motion to Amend/Correct
1 Scheduling Motion Certificate
View on PACER
2 Proposed Order #1
View on PACER
3 Proposed Order #2
View on PACER
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March 13, 2014
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March 13, 2014
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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March 15, 2014
PACER
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35
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Motion to Amend/Correct
1 PROPOSED JOINT AMENDED CASE MANAGEMENT ORDER
View on PACER
2 Proposed Order
View on PACER
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May 12, 2014
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May 12, 2014
PACER
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36
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Case Management Order
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May 12, 2014
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May 12, 2014
PACER
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37
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Motion to Amend/Correct
1 Proposed Order
View on PACER
2 Exhibit
View on PACER
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July 1, 2014
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July 1, 2014
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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July 2, 2014
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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July 31, 2014
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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Aug. 1, 2014
PACER
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41
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Notice of Appearance
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Oct. 2, 2014
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Oct. 2, 2014
PACER
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42
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Motion for Protective Order
1 Exhibit s A-E
View on PACER
2 Proposed Order
View on PACER
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Oct. 15, 2014
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Oct. 15, 2014
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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Oct. 16, 2014
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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Oct. 16, 2014
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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Oct. 17, 2014
PACER
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46
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Reply Brief
1 Exhibit
View on PACER
2 Exhibit
View on PACER
3 Exhibit
View on PACER
4 Exhibit
View on PACER
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Oct. 20, 2014
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Oct. 20, 2014
PACER
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47
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Notice of Appearance
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Oct. 21, 2014
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Oct. 21, 2014
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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Oct. 21, 2014
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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Oct. 21, 2014
PACER
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50
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Amended Complaint
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Nov. 21, 2014
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Nov. 21, 2014
RECAP
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51
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Case Management Order
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Nov. 22, 2014
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Nov. 22, 2014
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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Dec. 5, 2014
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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Jan. 12, 2015
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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April 29, 2015
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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April 29, 2015
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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April 30, 2015
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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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June 15, 2015
PACER
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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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June 15, 2015
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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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July 15, 2015
PACER
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61
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Motion for Summary Judgment
1 Proposed Order
View on PACER
2 Brief in Support
View on PACER
3 Statement of Facts
View on PACER
4 Exhibit 1
View on PACER
5 Exhibit 2
View on PACER
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
View on PACER
25 Exhibit 22
View on PACER
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July 15, 2015
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July 15, 2015
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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July 15, 2015
PACER
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63
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Concise Statement of Material Facts
1 Exhibit 1
View on PACER
2 Exhibit 2
View on PACER
3 Exhibit 3
View on PACER
4 Exhibit 4
View on PACER
5 Exhibit 5
View on PACER
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
View on PACER
21 Exhibit 21
View on PACER
22 Exhibit 22
View on PACER
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July 15, 2015
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July 15, 2015
PACER
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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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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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July 21, 2015
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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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July 30, 2015
PACER
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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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July 30, 2015
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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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Aug. 6, 2015
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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Aug. 6, 2015
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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Aug. 6, 2015
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
View on PACER
7 Exhibit No. 35 (Wetzel Dep)
View on PACER
8 Exhibit No. 36 (Folino Dep)
View on PACER
9 Exhibit No. 37 (Kerestes Dep)
View on PACER
10 Exhibit No. 38 (Winfield Dep)
View on PACER
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Aug. 6, 2015
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Aug. 6, 2015
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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Aug. 7, 2015
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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Aug. 7, 2015
PACER
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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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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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Aug. 19, 2015
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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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Aug. 31, 2015
PACER
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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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Sept. 1, 2015
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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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Sept. 18, 2015
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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Sept. 18, 2015
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
View on PACER
11 Exhibit
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12 Exhibit
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13 Exhibit
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14 Exhibit
View on PACER
15 Exhibit
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16 Exhibit
View on PACER
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
View on PACER
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Sept. 18, 2015
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Sept. 18, 2015
PACER
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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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Sept. 18, 2015
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82
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Response to Motion
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Sept. 30, 2015
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Sept. 30, 2015
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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Sept. 30, 2015
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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Oct. 6, 2015
PACER
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85
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Reply Brief
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Oct. 8, 2015
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Oct. 8, 2015
PACER
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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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Feb. 1, 2016
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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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Feb. 12, 2016
RECAP
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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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Feb. 18, 2016
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Order
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Feb. 18, 2016
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Feb. 18, 2016
PACER
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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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March 3, 2016
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89
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Pretrial Order
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March 3, 2016
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March 3, 2016
PACER
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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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May 5, 2016
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~Util - Set Hearings AND Order
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May 5, 2016
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May 5, 2016
PACER
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91
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Report of Mediation
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May 10, 2016
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May 10, 2016
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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May 12, 2016
PACER
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93
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Stipulation of Dismissal
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July 7, 2016
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July 7, 2016
PACER
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94
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Order
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July 25, 2016
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July 25, 2016
PACER
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