Case details

Court: mdd
Docket #: 1:02-cv-02576
Case Name: Salembene, et al v. Krause, Inc., et al
PACER case #: 11148
Date filed: 2002-08-05
Date terminated: 2006-09-21
Assigned to: Judge Benson Everett Legg
Case Cause: 28:1332 Diversity-Product Liability
Nature of Suit: 365 Personal Inj. Prod. Liability
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
James Salembene
Plaintiff
Individually, and as husband		 
Henry L Belsky
Schlachman Belsky and Weiner PA
300 E Lombard St Ste 1100
Baltimore, MD 21202
14106852022
Fax: 14107834771
Email: hbelsky@aol.com
ATTORNEY TO BE NOTICED

Michael J Belsky
Schlachman Belsky and Weiner PA
300 E Lombard St Ste 1100
Baltimore, MD 21202
14106852022
Fax: 14107834771
Email: mbelsky@sbwlaw.com
ATTORNEY TO BE NOTICED
Bernadine Salembene
Plaintiff
wife		 
Henry L Belsky
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Alan Lawrence Billian
Okun Billian PA
9199 Reisterstown Rd Ste 200B
Owings Mills, MD 21117
14106541717
Fax: 14103568473
Email: abillian@okunbillian.com
ATTORNEY TO BE NOTICED

Michael J Belsky
(See above for address)
ATTORNEY TO BE NOTICED
Krause, Inc.
Defendant
TERMINATED: 10/04/2002		 
John T Sly
Waranch and Brown LLC
1301 York Rd Ste 300
Lutherville, MD 21093
14108216014
Email: jsly@waranch-brown.com
TERMINATED: 11/02/2004
ATTORNEY TO BE NOTICED

R Wayne Pierce
The Pierce Law Firm LLC
133 Defense Hwy Ste 106
Annapolis, MD 21401-7015
14105739959
Fax: 14105739956
Email: wpierce@adventurelaw.com
TERMINATED: 01/24/2006
ATTORNEY TO BE NOTICED
Costco Wholesale Corporation
Defendant
trading asThe Price Company		 
John T Sly
(See above for address)
TERMINATED: 11/02/2004
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jack L Harvey
Wharton Levin Ehrmantraut and Klein
104 West St PO Box 551
Annapolis, MD 21404-0551
14102635900
Fax: 14102636583
ATTORNEY TO BE NOTICED

R Wayne Pierce
(See above for address)
TERMINATED: 01/24/2006

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2002-08-05 1 0 COMPLAINT filed; FILING FEE $ 150.00 RECEIPT # 000000 (ljs, Deputy Clerk) (Entered: 08/06/2002)
2002-08-05 2 0 DEMAND for jury trial by James Salembene, Bernadine Salembene (ljs, Deputy Clerk) (Entered: 08/06/2002)
2002-08-06 3 0 SUMMONS(ES) (20 days) issued for Krause, Inc., Costco Wholesale (ljs, Deputy Clerk) (Entered: 08/06/2002)
2002-09-11 4 0 ANSWER to Complaint by Costco Wholesale (Attorney R Wayne Pierce, John T Sly) (c/s) (hml, Deputy Clerk) (Entered: 09/11/2002)
2002-09-18 5 0 SUGGESTION OF BANKRUPTCY as to Krause, Inc. (c/s) (jnl, Deputy Clerk) (Entered: 09/18/2002)
2002-10-04 6 0 ORDER ADMINISTRATIVELY CLOSING case without prejudice as to defendant Krause only ( signed by Judge Benson E. Legg 10/4/02) (c/i & microfilmed 10/4/02) (hml, Deputy Clerk) (Entered: 10/04/2002)
2002-10-08 7 0 SCHEDULING ORDER ( signed by Judge Benson E. Legg 10/7/02 ) (c/i 10/8/02) (hml, Deputy Clerk) (Entered: 10/08/2002)
2002-10-18 8 0 ORDER APPROVING the parties hourly request for fact witnesses as therein set forth ( signed by Judge Benson E. Legg 10/18/02) (c/i 10/18/02) (hml, Deputy Clerk) (Entered: 10/18/2002)
2002-12-27 9 0 MOTION by James Salembene, Bernadine Salembene to Modify [7-1] Scheduling Order , or in the alternative to Dismiss without prejudice and Exhibits 1-5 (c/s) (FILED SEPARATELY) (hml, Deputy Clerk) (Entered: 12/27/2002)
2003-01-07 10 0 RESPONSE by Costco Wholesale in opposition to [9-1] motion to Modify [7-1] Scheduling Order by Bernadine Salembene, James Salembene, [9-2] motion to Dismiss without prejudice by Bernadine Salembene, James Salembene and Exhibits A-D (c/s) (hml, Deputy Clerk) (Entered: 01/07/2003)
2003-01-07 11 0 MOTION with memorandum in support by Costco Wholesale to Preclude plaintiffs' experts and Exhibits A-D (c/s) (hml, Deputy Clerk) (Entered: 01/07/2003)
2003-01-07 12 0 MOTION by Costco Wholesale to Extend Time to provide full expert disclosure and Exhibits A-B (c/s) (hml, Deputy Clerk) (Entered: 01/07/2003)
2003-01-07 13 0 MOTION by Costco Wholesale for immediate Sanctions for plaintiffs' failure to provide written discovery and Exhibits A-B (c/s) (hml, Deputy Clerk) (Entered: 01/07/2003)
2003-01-17 14 0 MOTION by James Salembene, Bernadine Salembene To Reopen Case (c/s) (hml, Deputy Clerk) (Entered: 01/17/2003)
2003-01-17 15 0 REPLY by James Salembene, Bernadine Salembene to defendant's opposition to their [9-1] motion to Modify [7-1] Scheduling Order, [9-2] motion to Dismiss without prejudice and Attachment (c/s) (hml, Deputy Clerk) (Entered: 01/17/2003)
2003-01-21 16 0 RESPONSE by James Salembene, Bernadine Salembene in opposition to [13-1] motion for immediate Sanctions for plaintiffs' failure to provide written discovery by Costco Wholesale and Attachments (c/s) (hml, Deputy Clerk) (Entered: 01/22/2003)
2003-01-23 17 0 ORDER granting [9-1] motion of plaintiff to Modify [7-1] Scheduling Order; granting [14-1] motion of plaintiff To Reopen Case; denying [11-1] motion of Costco to Preclude plaintiffs' experts; granting [12-1] motion of Costco to Extend Time to provide full expert disclosure; denying [13-1] motion of Costco for immediate Sanctions for plaintiffs' failure to provide written discovery; DIRECTING parties to submit a joint proposed scheduling order on or before 2/24/03 ( signed by Chief Judge Benson E. Legg 1/23/03) (c/i 1/23/03) (hml, Deputy Clerk) (Entered: 01/23/2003)
2003-01-27 18 0 AFFIDAVIT by Bernadine Salembene (c/s) (hml, Deputy Clerk) (Entered: 01/27/2003)
2003-03-03 19 0 ANSWER to Complaint by Krause, Inc..(hml, Deputy Clerk) (Entered: 03/03/2003)
2003-03-03 20 0 Correspondence from the Court re: Warning Letter (ECF) (hml, Deputy Clerk) (Entered: 03/03/2003)
2003-03-04 21 0 MEMORANDUM to Counsel Re: Discovery Schedule. Signed by Judge Benson E Legg on 2/27/03. (c/m 3/4/03)(hml, Deputy Clerk) (Entered: 03/04/2003)
2003-03-11 22 0 NOTICE by Bernadine Salembene, James Salembene of Discovery (Belsky, Henry) (Entered: 03/11/2003)
2003-03-11 23 0 NOTICE of Appearance by Michael J Belsky on behalf of all plaintiffs (Belsky, Michael) (Entered: 03/11/2003)
2003-03-24 24 0 MOTION to Compel Deposition of Corporate Designee and Edward Hansen by Bernadine Salembene, James Salembene. Responses due by 4/10/2003 (Attachments: # 1 Exhibit Materials Received from Defendant Krause, Inc.# 2 Exhibit Written and Electronic Correspondences Between the Parties# 3 Exhibit Notice of Deposition and Receipt of Electronic Filing)(Belsky, Michael) (Entered: 03/24/2003)
2003-03-24 25 0 MOTION for Other Relief Motion to Modify Joint Scheduling Order by Bernadine Salembene, James Salembene. Responses due by 4/10/2003 (Attachments: # 1 Exhibit Materials Received from Defendant Krause, Inc.# 2 Exhibit Written and Electronic Correspondences Between the Parties)(Belsky, Michael) (Entered: 03/24/2003)
2003-04-03 26 0 ORDER SETTING date for tele-Conference re 24 MOTION to Compel Deposition of Corporate Designee and Edward Hansen filed by James Salembene, Bernadine Salembene, 25 MOTION for Other Relief Motion to Modify Joint Scheduling Order filed by James Salembene, Bernadine Salembene. Signed by Judge Benson E Legg on 4/3/03. (hml, Deputy Clerk) (Entered: 04/03/2003)
2003-04-14 27 0 ORDER CONFIRMING substance of decisions made during conference. Signed by Judge Benson E Legg on 4/8/03. (jnl, Deputy Clerk) (Entered: 04/14/2003)
2003-04-17 28 0 Correspondence re: discovery (Attachments: # 1 Exhibit Notice to Take Oral Deposition and Deposition Duces Tecum# 2 Exhibit Affidavit of Bernadine Salembene)(Belsky, Henry) (Entered: 04/17/2003)
2003-04-24 29 0 RESPONSE in Opposition Motion to Compel filed by Costco Wholesale Corporation, Krause, Inc.. Replies due by 5/8/2003. (Attachments: # 1)(Sly, John) (Entered: 04/24/2003)
2003-04-29 30 0 Correspondence from the Court re: Case Reassignment Letter. (hml, Deputy Clerk) (Entered: 04/29/2003)
2003-05-06 31 0 ORDER CONFIRMING the substance of the court's rulings during the teleconference; Granting in part and denying in part 24 Motion of plaintiffs to Compel; Granting in part and denying in part 25 Motion of plaintiffs to Modify the Scheduling Order as therein set forth. Signed by Judge Benson E Legg on 5/6/03. (hml, Deputy Clerk) (Entered: 05/06/2003)
2003-06-04 32 0 ORDER Re: Investigator's Report. Signed by Judge Benson E Legg on 6/3/03. (c/m 6/5/03 chambers)(hml, Deputy Clerk) Additional attachment(s) added on 9/2/2003 (hml, Deputy Clerk). (Entered: 06/05/2003)
2003-06-16 33 0 Status Report Submitted by Costco Wholesale Corporation (Sly, John) (Entered: 06/16/2003)
2003-07-10 34 0 STATUS REPORT ORDER. Signed by Judge Benson E Legg on 7/10/03. (hml, Deputy Clerk) (Entered: 07/10/2003)
2003-07-25 35 0 Status Report Submitted by Costco Wholesale Corporation (Sly, John) (Entered: 07/25/2003)
2003-07-28 36 0 MEMORANDUM to Parties. Signed by Judge Benson E Legg on 7/28/03. (hml, Deputy Clerk) (Entered: 07/28/2003)
2003-07-28 37 0 ORDER REFERRING CASE to Magistrate Judge Beth P. Gesner for Settlement. Signed by Judge Benson E Legg on 7/28/03. (hml, Deputy Clerk) (Entered: 07/29/2003)
2003-08-14 38 0 ORDER SETTING date for Settlement conference. Signed by Judge Beth P. Gesner on 8/14/03. (hml, Deputy Clerk) (Entered: 08/14/2003)
2003-10-14 39 0 NOTICE by Bernadine Salembene, James Salembene of Designation of Experts (Attachments: # 1 Walter Gretz# 2 Dr. John Morse# 3 Dr. William Launder# 4 Dr. Arthur Kurlanzik)(Belsky, Henry) (FILED IN ERROR) (Entered: 10/14/2003)
2003-10-15 40 0 Correspondence from the Court to Henry Belsky, counsel for plaintiffs re: Filed in Error Letter. (hml, Deputy Clerk) (Entered: 10/15/2003)
2004-01-05 41 0 RESPONSE re 38 Order Setting Date for Settlement Conference re: submission of confidential mediation statement filed by Costco Wholesale Corporation, Krause, Inc.(Sly, John) Modified on 1/6/2004 (hml, Deputy Clerk). (Entered: 01/05/2004)
2004-01-12 42 0 MOTION for Summary Judgment And/Or For Sanctions For Plaintiffs' Failure to Preserve Essential Evidence by Costco Wholesale Corporation, Krause, Inc.. Responses due by 1/29/2004 (Attachments: # 1 # 2 # 3)(Sly, John) (Entered: 01/12/2004)
2004-01-13 43 0 Correspondence re: Revised Memorandum of Law in Support of Defendants' Motion for Summary Judgment And/Or For Sanctions for Plaintiffs' Failure to Preserve Essential Evidence (Attachments: # 1)(Sly, John) (Entered: 01/13/2004)
2004-01-15 44 0 ORDER RESCHEDULING the Settlement Conference. Signed by Judge Beth P. Gesner on 1/15/04. (hml, Deputy Clerk) (Entered: 01/16/2004)
2004-01-16 45 0 MOTION to Strike Plaintiffs' Response to Defendants' Requests for Admission of Facts and Genuineness of Documents by Costco Wholesale Corporation, Krause, Inc.. Responses due by 2/2/2004 (Attachments: # 1 # 2 # 3)(Sly, John) (Entered: 01/16/2004)
2004-01-29 46 0 MOTION for Sanctions for Defendants' Failure to Preserve Essential Evidence and Response to Defendants' Motion for Summary Judgment and/or for Sanctions for Plaintiffs' Failure to Preserve Essential Evidence by Bernadine Salembene, James Salembene. Responses due by 2/17/2004 (Attachments: # 1 Memorandum of Law# 2 Notice of Filing of Lengthy Exhibits)(Belsky, Henry) (Entered: 01/29/2004)
2004-02-02 47 0 RESPONSE in Opposition re 45 MOTION to Strike Plaintiffs' Response to Defendants' Requests for Admission of Facts and Genuineness of Documents or, in the Alternative, Motion to Amend Plaintiffs' Admissions filed by Bernadine Salembene, James Salembene. Replies due by 2/17/2004. (Belsky, Henry) (Entered: 02/02/2004)
2004-02-17 48 0 MEMORANDUM to Counsel CANCELING the settlement conference. Signed by Judge Beth P. Gesner on 2/17/04. (hml, Deputy Clerk) (Entered: 02/17/2004)
2004-02-17 49 0 RESPONSE in Opposition to Plaintiffs' Opposition to Defendants' Motion to Strike Plaintiffs' Response to Request for Admissions of Facts and Genuineness of Documents filed by Costco Wholesale Corporation, Krause, Inc. Replies due by 3/2/2004. (Sly, John)(FILED IN ERROR AS RESPONSE; REFILED BY CLERK AS REPLY) (Entered: 02/17/2004)
2004-02-17 50 0 RESPONSE in Opposition re 46 Motion for Sanctions and Reply to Plaintiffs' Response to Defendants' Motion for Summary Judgment And/Or For Sanctions for Plaintiffs' Failure to Preserve Essential Evidence filed by Costco Wholesale Corporation, Krause, Inc.. Replies due by 3/2/2004. (Attachments: # 1 # 2 # 3)(Sly, John) (Entered: 02/17/2004)
2004-02-17 51 0 REPLY to Response to Motion re 45 MOTION to Strike Plaintiffs' Response to Defendants' Requests for Admission of Facts and Genuineness of Documents filed by Costco Wholesale Corporation, Krause, Inc. (hml, Deputy Clerk) (Entered: 02/18/2004)
2004-02-20 52 0 MOTION to Amend/Correct 50 Response in Opposition to Motion, Motion for Sanctions and Reply to Plaintiffs' Response to Defendants? Motion for Summary Judgment And/Or For Sanctions for Plaintiffs' Failure to Preserve Essential Evidence by Costco Wholesale Corporation, Krause, Inc.. Responses due by 3/8/2004 (Sly, John) (Entered: 02/20/2004)
2004-03-02 53 0 RESPONSE re 50 Response in Opposition to Motion, for Sanctions and Reply to Plaintiffs' Response to Defendants' Motion for Summary Judgment and/or for Sanctions for Plaintiffs' Failure to Preserve Essential Evidence filed by Bernadine Salembene, James Salembene. (Attachments: # 1 Plaintiffs' Designation of Experts)(Belsky, Henry) (Entered: 03/02/2004)
2004-09-30 54 0 MEMORANDUM OPINION. Signed by Judge Benson E Legg on 9/30/04. (hml, Deputy Clerk) (Entered: 10/01/2004)
2004-09-30 55 0 ORDER denying 42 Motion of defendants for Summary Judgment; denying 45 Motion of defendants to Strike; denying 46 Motion of plaintiffs for Sanctions. Signed by Judge Benson E Legg on 9/30/04. (hml, Deputy Clerk) (Entered: 10/01/2004)
2004-10-20 56 0 MOTION for Extension of Time for Supplementing Plaintiffs' Experts' Opinions by Bernadine Salembene, James Salembene. Responses due by 11/8/2004 (Attachments: # 1 Text of Proposed Order)(Belsky, Henry) (Entered: 10/20/2004)
2004-10-21 57 0 PAPERLESS ORDER granting 56 Motion for Extension of Time. Signed by Judge Benson Everett Legg on 10/21/2004. (Legg, Benson Everett) (Entered: 10/21/2004)
2004-11-02 58 0 NOTICE of Appearance by John T Sly on behalf of all defendants (Sly, John) (Entered: 11/02/2004)
2004-11-24 59 0 Supplemental to Plaintiffs' Motion for Sanctions for Defendants' Failure to Preserve Essential Evidence and Response to Defendants' Motion for Summary Judgment and/or for Sanctions for Plaintiffs' Failure to Preserve Essential Evidence. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Belsky, Henry) (Entered: 11/24/2004)
2005-01-07 60 0 ORDER DIRECTING counsel to submit a status report on or before 1/26/2005. Signed by Judge Benson E Legg on 1/7/05. (jnl, Deputy Clerk) (Entered: 01/10/2005)
2005-01-26 61 0 Status Report Submitted by James Salembene, Bernadine Salembene (Belsky, Henry) (Entered: 01/26/2005)
2005-01-28 62 0 ORDER DIRECTING Counsel to submit a status report on or before 2/5/05. Signed by Judge Benson E Legg on 1/28/05 (cags, Deputy Clerk) (Entered: 01/28/2005)
2005-02-04 63 0 STATUS REPORT by Costco Wholesale Corporation. (Pierce, R) (Entered: 02/04/2005)
2005-02-07 64 0 Correspondence re: Response to Defendants' February 4, 2005 Status Report (Belsky, Henry) (Entered: 02/07/2005)
2005-02-22 65 0 NOTICE of Appearance by R Wayne Pierce on behalf of Costco Wholesale Corporation (Pierce, R) (Entered: 02/22/2005)
2005-04-11 66 0 ORDER DIRECTING Krause on or before 4/30/05 to renew its motion for summary judgment. Signed by Judge Benson E Legg on 4/11/05. (jnl, Deputy Clerk) (Entered: 04/12/2005)
2005-05-02 67 0 Second MOTION for Summary Judgment by Krause, Inc., Costco Wholesale Corporation. Responses due by 5/19/2005 (Pierce, R) (Entered: 05/02/2005)
2005-05-23 68 0 RESPONSE re 67 Second MOTION for Summary Judgment filed by James Salembene, Bernadine Salembene. (Belsky, Henry) (Entered: 05/23/2005)
2005-11-15 69 0 ORDER scheduling date for hearing on open motions. Signed by Judge Benson Everett Legg on 11/15/05. (jnl, Deputy Clerk) (Entered: 11/15/2005)
2005-12-14 70 0 ORDER Re: Testimony by fact and/or expert witness. Signed by Judge Benson Everett Legg on 12/14/05. (jnl, Deputy Clerk) (Entered: 12/14/2005)
2005-12-20 71 0 MOTION for Other Relief to Schedule Evidentiary Hearing When Witnesses Are Available by Krause, Inc., Costco Wholesale Corporation. Responses due by 1/6/2006 (Attachments: # 1 Affidavit # 2 Affidavit)(Pierce, R) (Entered: 12/20/2005)
2005-12-23 72 0 ORDER denying 71 Motion of defendants to schedule evidentiary hearing on date when witnesses may appear. Signed by Judge Benson Everett Legg on 12/27/05. (jnl, Deputy Clerk) (Entered: 12/27/2005)
2006-01-03 73 0 STATUS REPORT by Costco Wholesale Corporation. (Pierce, R) (Entered: 01/03/2006)
2006-01-09 74 0 ORDER SCHEDULING date for motions hearing. Signed by Judge Benson Everett Legg on 1/9/06. (jnl, Deputy Clerk) (Entered: 01/10/2006)
2006-01-12 75 0 NOTICE of Appearance by Jack L Harvey on behalf of Costco Wholesale Corporation (Harvey, Jack) (Entered: 01/12/2006)
2006-01-23 76 0 NOTICE to Strike Appearance by R Wayne Pierce on behalf of all defendants (Pierce, R) Modified on 1/24/2006 (hml, Deputy Clerk). (Entered: 01/23/2006)
2006-02-17 77 0 EXHIBIT LIST by Costco Wholesale Corporation.(hml, Deputy Clerk) (Entered: 02/17/2006)
2006-03-21 78 0 MEMORANDUM. Signed by Judge Benson Everett Legg on 3/21/06. (jnl, Deputy Clerk) (Entered: 03/22/2006)
2006-03-21 79 0 ORDER denying 67 Second Motion of defendants' for Summary Judgment. Signed by Judge Benson Everett Legg on 3/21/06. (jnl, Deputy Clerk) (Entered: 03/22/2006)
2006-04-06 80 0 ORDER re: Pretrial dates. Signed by Judge Benson Everett Legg on 4/6/06. (jnl, Deputy Clerk) (Entered: 04/07/2006)
2006-04-21 81 0 Status Report Submitted jointly by Costco Wholesale Corporation, James Salembene, Bernadine Salembene (Belsky, Henry) (Entered: 04/21/2006)
2006-04-21 82 0 ORDER re: Trial and pretrial schedule. Signed by Judge Benson Everett Legg on 4/21/06. (jnl, Deputy Clerk) (Entered: 04/24/2006)
2006-04-27 83 0 (FILED IN ERROR) CERTIFICATE OF SERVICE by James Salembene (Belsky, Henry) Modified on 4/28/2006 (jnl, Deputy Clerk). (Entered: 04/27/2006)
2006-04-28 84 0 Correspondence from Clerk re: ECF Warning. (jnl, Deputy Clerk) (Entered: 04/28/2006)
2006-05-01 85 0 Joint MOTION for Extension of Time of Briefing Deadlines by Costco Wholesale Corporation. Responses due by 5/18/2006 (Harvey, Jack) (Entered: 05/01/2006)
2006-05-02 86 0 PAPERLESS ORDER granting 85 Motion for Extension of Time. Signed by Judge Benson Everett Legg on 05/02/2006. (Legg, Benson Everett) (Entered: 05/02/2006)
2006-05-08 87 0 MOTION in Limine to Preclude Evidence of Statistics to Show User Error as the Most Common Cause of Falls from Ladders by James Salembene, Bernadine Salembene. Responses due by 5/25/2006 (Belsky, Henry) (Entered: 05/08/2006)
2006-05-09 88 0 MOTION to Bifurcate Defendants' Motion and Memorandum for Separate Trial by Costco Wholesale Corporation. Responses due by 5/26/2006 (Harvey, Jack) (Entered: 05/09/2006)
2006-05-09 89 0 MOTION to Appoint Expert Defendants' Motion and Memorandum for Leave to Designate Additonal Expert by Costco Wholesale Corporation. Responses due by 5/26/2006 (Attachments: # 1 # 2)(Harvey, Jack) (Entered: 05/09/2006)
2006-05-09 90 0 MOTION in Limine and Memorandum to Preclude Admission of Evidence of Recall by Costco Wholesale Corporation. Responses due by 5/26/2006 (Attachments: # 1 # 2 # 3 # 4)(Harvey, Jack) (Entered: 05/09/2006)
2006-05-10 91 0 MOTION to Limit the Allowance of any Adverse Inference by Krause, Inc., Costco Wholesale Corporation. Responses due by 5/30/2006 (Attachments: # 1 Lengthy Exhibits A thru I filed in paper with the court)(cag, Deputy Clerk) (Entered: 05/10/2006)
2006-05-31 92 0 Memorandum re 87 MOTION in Limine to Preclude Evidence of Statistics to Show User Error as the Most Common Cause of Falls from Ladders Memorandum of Defendants In Opposition to Plaintiffs' Motion in Limine to Preclude Evidence of Statistics to Show User Error as the Most Common Cause of Falls from Ladders filed by Costco Wholesale Corporation. (Harvey, Jack) (Entered: 05/31/2006)
2006-05-31 93 0 MOTION to Strike Defendants' Motion to Limit the Allowance of any Adverse Inference by James Salembene, Bernadine Salembene. Responses due by 6/19/2006 (Belsky, Henry) (Entered: 05/31/2006)
2006-05-31 94 0 RESPONSE in Opposition re 91 MOTION to Limit the Allowance of any Adverse Inference filed by James Salembene, Bernadine Salembene. Replies due by 6/14/2006. (Attachments: # 1 Notice of Filing of Lengthy Exhibits)(Belsky, Henry) (Exhibits rec'd 6/1/06) Modified on 6/1/2006 (jnl, Deputy Clerk). (Entered: 05/31/2006)
2006-05-31 95 0 RESPONSE in Opposition re 90 MOTION in Limine and Memorandum to Preclude Admission of Evidence of Recall filed by James Salembene, Bernadine Salembene. Replies due by 6/14/2006. (Attachments: # 1 Notice of Filing of Lengthy Exhibits)(Belsky, Henry) (Exhibits rec'd 6/1/06) Modified on 6/1/2006 (jnl, Deputy Clerk). (Entered: 05/31/2006)
2006-05-31 96 0 RESPONSE in Opposition re 89 MOTION to Appoint Expert Defendants' Motion and Memorandum for Leave to Designate Additonal Expert filed by James Salembene, Bernadine Salembene. Replies due by 6/14/2006. (Attachments: # 1 Notice of Filing of Lengthy Exhibits)(Belsky, Henry) (Exhibits rec'd 6/1/06) Modified on 6/1/2006 (jnl, Deputy Clerk). (Entered: 05/31/2006)
2006-05-31 97 0 RESPONSE in Opposition re 88 MOTION to Bifurcate Defendants' Motion and Memorandum for Separate Trial filed by James Salembene, Bernadine Salembene. Replies due by 6/14/2006. (Belsky, Henry) (Entered: 05/31/2006)
2006-06-12 98 0 RESPONSE in Opposition re 93 MOTION to Strike Defendants' Motion to Limit the Allowance of any Adverse Inference filed by Krause, Inc.. Replies due by 6/26/2006. (Attachments: # 1 Exhibit)(Harvey, Jack) (Entered: 06/12/2006)
2006-06-12 99 0 REPLY to Response to Motion re 87 MOTION in Limine to Preclude Evidence of Statistics to Show User Error as the Most Common Cause of Falls from Ladders filed by James Salembene, Bernadine Salembene. (Belsky, Henry) (Entered: 06/12/2006)
2006-06-12 100 0 RESPONSE in Opposition re 89 MOTION to Appoint Expert Defendants' Motion and Memorandum for Leave to Designate Additonal Expert filed by Krause, Inc.. Replies due by 6/26/2006. (Attachments: # 1 Exhibit # 2 Errata)(Harvey, Jack) (Entered: 06/12/2006)
2006-06-12 101 0 REPLY to Response to Motion re 91 MOTION to Limit the Allowance of any Adverse Inference filed by Krause, Inc.. (Attachments: # 1 Exhibit # 2 Exhibit)(Harvey, Jack) (Entered: 06/12/2006)
2006-06-12 102 0 REPLY to Response to Motion re 88 MOTION to Bifurcate Defendants' Motion and Memorandum for Separate Trial filed by Krause, Inc.. (Harvey, Jack) (Entered: 06/12/2006)
2006-06-12 103 0 REPLY to Response to Motion re 90 MOTION in Limine and Memorandum to Preclude Admission of Evidence of Recall filed by Krause, Inc.. (Attachments: # 1 Exhibit # 2 # 3 # 4)(Harvey, Jack) (Entered: 06/12/2006)
2006-07-24 104 0 MOTION to Continue July 26, 2006 Hearing by James Salembene, Bernadine Salembene. Responses due by 8/10/2006 (Belsky, Henry) (Entered: 07/24/2006)
2006-07-27 105 0 ORDER granting 104 Motion of Mr. Salembene to postpone summary judgment hearing. Signed by Judge Benson Everett Legg on 7/27/06. (jnl, Deputy Clerk) (Entered: 07/27/2006)
2006-08-07 106 0 Proposed Pretrial Order submitted by Costco Wholesale Corporation, James Salembene, Bernadine Salembene. (Belsky, Henry) (Entered: 08/07/2006)
2006-08-11 107 0 ORDER rescheduling pretrial conference. Signed by Judge Benson Everett Legg on 8/11/06. (jnl, Deputy Clerk) (Entered: 08/11/2006)
2006-08-14 108 0 (FILED IN ERROR) NOTICE to Take Deposition of Dr. William J. Launder. (Harvey, Jack) Modified on 8/15/2006 (jnl, Deputy Clerk). (Entered: 08/14/2006)
2006-08-14 109 0 (FILED IN ERROR) NOTICE to Take Deposition of Dr. Arthur Kurlanzik. (Harvey, Jack) Modified on 8/15/2006 (jnl, Deputy Clerk). (Entered: 08/14/2006)
2006-08-15 110 0 Correspondence from Clerk re: ECF Warning. (jnl, Deputy Clerk) (Entered: 08/15/2006)
2006-08-15 111 0 ORDER denying 88 Motion of defendants for separate trial, granting 90 Motion of defendants in Limine to preclude admission of evidence of recall, denying 93 Motion of plaintiffs to Strike defendants' motion to limit the allowance of any adverse inference. Signed by Judge Benson Everett Legg on 8/15/06. (jnl, Deputy Clerk) (Entered: 08/15/2006)
2006-09-06 112 0 Proposed Voir Dire by James Salembene, Bernadine Salembene. (Belsky, Henry) (Entered: 09/06/2006)
2006-09-06 113 0 Proposed Jury Instructions by James Salembene, Bernadine Salembene. (Belsky, Henry) (Entered: 09/06/2006)
2006-09-06 114 0 Proposed Voir Dire by Costco Wholesale Corporation. (Belsky, Henry) (Entered: 09/06/2006)
2006-09-06 115 0 Proposed Jury Instructions by Costco Wholesale Corporation. (Belsky, Henry) (Entered: 09/06/2006)
2006-09-06 116 0 Correspondence re: Proposed Voir Dire and Jury Instructions (Belsky, Henry) (Entered: 09/06/2006)
2006-09-08 117 0 Correspondence re: Defendants' Exhibit List (Attachments: # 1 Defendants' Exhibit List# 2)(Harvey, Jack) (Entered: 09/08/2006)
2006-09-08 118 0 Correspondence re: Exhibit List and Evidentiary Matters (Attachments: # 1 Plaintiffs' Exhibit List)(Belsky, Henry) (Entered: 09/08/2006)
2006-09-08 119 0 Correspondence re: Salembene - Evidentiary Issues (Harvey, Jack) (Entered: 09/08/2006)
2006-09-18 120 0 ORDER re: jury instructions. Signed by Judge Benson Everett Legg on 9/18/06. (jnl, Deputy Clerk) (Entered: 09/18/2006)
2006-09-21 121 0 ORDER entering judgment in favor of Krause. Signed by Judge Benson Everett Legg on 9/21/06. (jnl, Deputy Clerk) (Entered: 09/22/2006)
2006-09-27 122 0 MOTION for New Trial by James Salembene, Bernadine Salembene. Responses due by 10/16/2006 (Attachments: # 1 Memorandum of Law in Support of Motion)(Belsky, Henry) (Entered: 09/27/2006)
2006-09-28 123 0 AUTHORIZATION for juror meal (jnl, Deputy Clerk) (Entered: 09/28/2006)
2006-09-28 124 0 EXHIBIT List by James Salembene, Bernadine Salembene.(jnl, Deputy Clerk) (Entered: 09/28/2006)
2006-09-28 125 0 EXHIBIT List by Costco Wholesale Corporation.. (jnl, Deputy Clerk) (Entered: 09/28/2006)
2006-09-28 126 0 CERTIFICATION - Exhibits to be submitted to jury (jnl, Deputy Clerk) (Entered: 09/28/2006)
2006-09-28 127 0 VERDICT Form and answers thereto. (jnl, Deputy Clerk) (Entered: 09/28/2006)
2006-09-28 128 0 Stipulation re: Return of exhibits to Counsel. (jnl, Deputy Clerk) (Entered: 09/28/2006)
2006-09-28 129 0 Defendants' Jury Instruction (jnl, Deputy Clerk) (Entered: 09/28/2006)
2006-10-23 130 0 ORDER directing Krause, Inc to respond to motion for new trial before 11/13/06. Signed by Judge Benson Everett Legg on 10/23/06. (jnl, Deputy Clerk) (Entered: 10/23/2006)
2006-10-26 131 0 Correspondence re: Defendant Krause - Response to Plaintiff's Motion for New Trial (Harvey, Jack) (Entered: 10/26/2006)
2006-11-10 132 0 Memorandum re 122 MOTION for New Trial Defendant's Memorandum of Law In Opposition to Plaintiffs' Motion for New Trial filed by Krause, Inc.. (Attachments: # 1 Exhibit Exhibit A)(Harvey, Jack) (Entered: 11/10/2006)
2007-04-12 133 0 ORDER denying 122 Motion of plaintiffs for New Trial. Signed by Judge Benson Everett Legg on 4/12/07. (jnl, Deputy Clerk) (Entered: 04/12/2007)