| Date Filed |
Document # |
Attachment # |
Short Description |
Long Description |
Upload date |
SHA1 hash |
| 2005-10-04 |
1 |
0 |
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COMPLAINT against defendant Dow Chemical Company, The Waivers issued 1, Fee paid in the amount of $250, Disclosure of Corporate Interest issued to The Dow Chemical Company, Jury Demand,, filed by Foam Supplies, Inc.. (Attachments: # 1 Civil Cover Sheet # 2 Original Filing Form)(CDD, ) (Entered: 10/07/2005) |
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| 2005-10-04 |
2 |
0 |
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DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff Foam Supplies, Inc.. (CDD, ) (Entered: 10/07/2005) |
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| 2005-10-28 |
3 |
0 |
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ENTRY of Appearance by Michael H. Kauffman for Defendant Dow Chemical Company, The. (Kauffman, Michael) (Entered: 10/28/2005) |
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| 2005-11-30 |
4 |
0 |
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MOTION to Dismiss Case by Defendant Dow Chemical Company, The. (Kauffman, Michael) (Entered: 11/30/2005) |
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| 2005-11-30 |
5 |
0 |
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MOTION for Leave to File in Excess of Page Limitation by Defendant Dow Chemical Company, The. (Kauffman, Michael) (Entered: 11/30/2005) |
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| 2005-11-30 |
6 |
0 |
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DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Dow Chemical Company, TheParent companies: None, Subsidiaries: See attached Ex A, Publicly held company: None,. (Attachments: # 1 Exhibit A - Entities Not Wholly Owned by Dow)(Kauffman, Michael) (Entered: 11/30/2005) |
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| 2005-11-30 |
7 |
0 |
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MEMORANDUM in Support of Motion re 4 MOTION to Dismiss Case filed by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit A - August 2004 Unsigned Draft# 2 Exhibit B - 2003/2004 Contract# 3 Exhibit C - October 2004 Invoice# 4 Exhibit D - March 2005 Invoice# 5 Exhibit E - November 2004 Letter# 6 Exhibit F - November 2004 Letter# 7 Exhibit G - December 2003 Agreement)(Kauffman, Michael) (Entered: 11/30/2005) |
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| 2005-11-30 |
8 |
0 |
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ENTRY of Appearance by Glenn E. Davis for Defendant Dow Chemical Company, The. (Davis, Glenn) (Entered: 11/30/2005) |
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| 2005-12-08 |
9 |
0 |
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ENTRY of Appearance by Evan Z. Reid for Plaintiff Foam Supplies, Inc.. (Reid, Evan) (Entered: 12/08/2005) |
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| 2005-12-08 |
10 |
0 |
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MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Dismiss Case by Plaintiff Foam Supplies, Inc.. (Reid, Evan) (Entered: 12/08/2005) |
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| 2006-01-12 |
11 |
0 |
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Joint MOTION for Extension of Time to File Response/Reply as to 4 MOTION to Dismiss Case by Plaintiff Foam Supplies, Inc.. (Reid, Evan) (Entered: 01/12/2006) |
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| 2006-01-20 |
12 |
0 |
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MOTION for Leave to File Response To Motion to Dismiss In Excess of Page Limits by Plaintiff Foam Supplies, Inc.. (Reid, Evan) (Entered: 01/20/2006) |
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| 2006-01-20 |
13 |
0 |
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MEMORANDUM in Opposition re 4 MOTION to Dismiss Case filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2)(Reid, Evan) (Entered: 01/20/2006) |
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| 2006-02-13 |
14 |
0 |
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REPLY to Response to Motion re 4 MOTION to Dismiss Case filed by Defendant Dow Chemical Company, The. (Kauffman, Michael) (Entered: 02/13/2006) |
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| 2006-05-02 |
15 |
0 |
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ENTRY of Appearance by Brett K. Gorman for Plaintiff Foam Supplies, Inc.. (Gorman, Brett) (Entered: 05/02/2006) |
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| 2006-05-03 |
16 |
0 |
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ENTRY of Appearance by John J. Gazzoli, Jr for Plaintiff Foam Supplies, Inc.. (Gazzoli, John) (Entered: 05/03/2006) |
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| 2006-05-04 |
17 |
0 |
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NOTICE by Plaintiff Foam Supplies, Inc. Withdrawal and Substitution of Counsel: (Reid, Evan) (Entered: 05/04/2006) |
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| 2006-08-02 |
18 |
0 |
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MEMORANDUM AND ORDER:... IT IS HEREBY ORDERED that defendant The Dow Chemical Company's motion to dismiss # 4 is granted as to Counts IV, VII, and VIII of plaintiff Foam Supplies, Inc.'s complaint and denied as to Counts I, II, III, V, and VI of the complaint. Signed by Judge Catherine D. Perry on 8/2/06. (BDC) (Entered: 08/02/2006) |
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| 2006-08-04 |
19 |
0 |
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RULE 16 ORDER: This case is assigned to Track: 3 (Complex). Joint Scheduling Plan due by 8/25/2006. Rule 16 Conference set for Friday 9/1/2006 at 11:30 AM In Chambers before Honorable Catherine D. Perry. Signed by Judge Catherine D. Perry on 8/4/06. (BDC) (Entered: 08/04/2006) |
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| 2006-08-16 |
20 |
0 |
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ANSWER to Complaint by Dow Chemical Company, The.(Davis, Glenn) (Entered: 08/16/2006) |
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| 2006-08-17 |
21 |
0 |
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ENTRY of Appearance by Theresa A. Phelps for Plaintiff Foam Supplies, Inc.. (Phelps, Theresa) (Entered: 08/17/2006) |
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| 2006-08-25 |
22 |
0 |
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JOINT SCHEDULING PLAN by Plaintiff Foam Supplies, Inc... (Phelps, Theresa) (Entered: 08/25/2006) |
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| 2006-09-01 |
23 |
0 |
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CASE MANAGEMENT ORDER This case is assigned to Track: 3 (Complex) Motion to Join Parties due by 3/1/2007. Discovery Completion due by 11/15/2007. ADR Future Reference 4/16/2007. Dispositive Motions due by 1/31/2008. Jury Trial set for 6/16/2008 09:00 AM in Courtroom 14S before Honorable Catherine D. Perry. Pretrial Compliance due by 5/28/2008. Motion in Limine due by 6/6/2008.. Signed by Judge Catherine D. Perry on 9/1/06. (BAK, ) (Entered: 09/01/2006) |
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| 2006-10-20 |
24 |
0 |
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NOTICE by Plaintiff Foam Supplies, Inc. Certificate of Service: (Gorman, Brett) (Entered: 10/20/2006) |
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| 2007-02-22 |
25 |
0 |
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MOTION for Protective Order and Incorporated Memorandum of Law in Support by Plaintiff Foam Supplies, Inc.. (Gorman, Brett) (Entered: 02/22/2007) |
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| 2007-02-26 |
26 |
0 |
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MOTION for Extension of: Case Management Deadlines by Plaintiff Foam Supplies, Inc.. (Attachments: # 1)(Gorman, Brett) (Entered: 02/26/2007) |
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| 2007-03-01 |
27 |
0 |
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RESPONSE to Motion by Dow Chemical Company, The as to Dow Chemical Company, The re 25 MOTION for Protective Order and Incorporated Memorandum of Law in Support filed by Defendants Dow Chemical Company, The, Dow Chemical Company, The. (Attachments: # 1 Exhibit A)(Moore, Craig) (Entered: 03/01/2007) |
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| 2007-03-02 |
28 |
0 |
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REPLY to Response to 25 MOTION for Protective Order and Incorporated Memorandum of Law in Support filed by Plaintiff Foam Supplies, Inc. (Gorman, Brett) Modified on 3/5/2007 (KLH, ). (Entered: 03/02/2007) |
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| 2007-03-12 |
29 |
0 |
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ORDER granting 25 Motion for Protective Order, and plaintiff's proposed form of protective order (Exhibit E to the motion) is approved, and plaintiff's counsel shall forward a clean copy of the proposed order, in word perfect format, to the Clerk's proposed order email box, and I will enter it, although the order is effective immediately, even though not yet formally entered. Signed by Judge Catherine D. Perry on 3/12/07. (KLH, ) (Entered: 03/12/2007) |
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| 2007-04-23 |
30 |
0 |
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MOTION for Leave to Appear Pro Hac Vice Bernard Taylor (Filing fee $100) by Defendant Dow Chemical Company, The. (BAK, ) (Entered: 04/24/2007) |
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| 2007-04-26 |
31 |
0 |
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MOTION to Withdraw as Attorney ;attorney/firm Attorney Michael H. Kauffman by Defendant Dow Chemical Company, The. (Kauffman, Michael) (Entered: 04/26/2007) |
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| 2007-04-26 |
32 |
0 |
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ENTRY of Appearance by Craig G. Moore for Defendant Dow Chemical Company, The. (Moore, Craig) (Entered: 04/26/2007) |
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| 2007-06-01 |
33 |
0 |
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MOTION for Leave to File Amendment to Complaint by Plaintiff Foam Supplies, Inc.. (Gorman, Brett) (Entered: 06/01/2007) |
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| 2007-06-01 |
34 |
0 |
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AMENDED COMPLAINT against defendant Dow Chemical Company, The Amendment to 1 Complaint, , filed by Foam Supplies, Inc.. Related document: 1 Complaint, filed by Foam Supplies, Inc.,. (Attachments: # 1 Exhibit A)(Gorman, Brett) (Entered: 06/01/2007) |
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| 2007-06-08 |
35 |
0 |
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RESPONSE to Motion re 33 MOTION for Leave to File Amendment to Complaint filed by Defendant Dow Chemical Company, The. (Davis, Glenn) (Entered: 06/08/2007) |
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| 2007-06-11 |
36 |
0 |
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ORDER granting 33 Motion for Leave to file an amendment to complaint Signed by Judge Catherine D. Perry on 6/11/2007. (JMW) (Entered: 06/11/2007) |
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| 2007-06-18 |
37 |
0 |
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ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: John J. Gazzoli, Jr. ADR Completion Deadline due by 8/17/2007. Designation of Neutral due by 7/9/2007. ADR Conference Schedule due by 7/9/2007. Signed by Judge Catherine D. Perry on 6/18/07. (KLH, ) (Entered: 06/19/2007) |
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| 2007-06-25 |
38 |
0 |
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MOTION to Dismiss the Claims Added by the Amendment to the Complaint by Defendant Dow Chemical Company, The. (Davis, Glenn) (Entered: 06/25/2007) |
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| 2007-06-25 |
39 |
0 |
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MEMORANDUM in Support of Motion re 38 MOTION to Dismiss the Claims Added by the Amendment to the Complaint filed by Defendant Dow Chemical Company, The. (Davis, Glenn) (Entered: 06/25/2007) |
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| 2007-07-02 |
40 |
0 |
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MOTION for Extension of Time to File Response/Reply by Plaintiff Foam Supplies, Inc.. (Gorman, Brett) (Entered: 07/02/2007) |
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| 2007-07-05 |
41 |
0 |
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MOTION for Extension of Time to Complete Mediation by Defendant Dow Chemical Company, The. (Moore, Craig) (Entered: 07/05/2007) |
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| 2007-07-09 |
42 |
0 |
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MOTION for Partial Summary Judgment by Defendant Dow Chemical Company, The. (Davis, Glenn) (Entered: 07/09/2007) |
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| 2007-07-09 |
43 |
0 |
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NOTICE by Defendant Dow Chemical Company, The re 42 MOTION for Partial Summary Judgment Filing Documents Under Seal (Defendant's Memorandum In Support of Its Motion for Summary Judgment; Defendant's Statement of Uncontroverted Material Facts In Support of its Motion for Partial Summary Judgment with Exhibit 1-21; Appendix of Exhibits to Defendant's Statement of Uncontroverted Material Facts and Memorandum in Support of its Motion for Partial Summary Judgment (Davis, Glenn) (Entered: 07/09/2007) |
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| 2007-07-10 |
44 |
0 |
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Defendant's Memorandum in Support of its Motion re 42 MOTION for Partial Summary Judgment filed by Defendant The Dow Chemical Company. FILED UNDER SEAL. (RJD) (Entered: 07/11/2007) |
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| 2007-07-10 |
45 |
0 |
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Defendant's Statement of Uncontroverted Material Facts re 42 MOTION for Partial Summary Judgment with Exhibits 1-21 filed by Defendant The Dow Chemical Company. FILED UNDER SEAL. (RJD) (Entered: 07/11/2007) |
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| 2007-07-10 |
46 |
0 |
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SUPPLEMENTAL: Appendix of Exhibits to Defendant's Statement of Uncontroverted Material Facts and Memorandum in Support of its Motion for Partial Summary Judgement re 45 Statement of Material Facts by Defendant The Dow Chemical Company. FILED UNDER SEAL (RJD) (Entered: 07/11/2007) |
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| 2007-07-17 |
47 |
0 |
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MOTION to Compel And Incorporated Memorandum of Law by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Gazzoli, John) (Entered: 07/17/2007) |
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| 2007-07-20 |
48 |
0 |
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Consent MOTION for Extension of Time to File Designation of Neutral ;Extension to file the following: (Designation of Neutral) ;Proposed extension date 07/25/07 by Plaintiff Foam Supplies, Inc.. (Phelps, Theresa) (Entered: 07/20/2007) |
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| 2007-07-24 |
49 |
0 |
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MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Compel And Incorporated Memorandum of Law (Agreed) by Defendant Dow Chemical Company, The. (Moore, Craig) (Entered: 07/24/2007) |
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| 2007-07-25 |
50 |
0 |
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MEMORANDUM re Docket Text Order Designation of Neutral by Plaintiff Foam Supplies, Inc.. (Phelps, Theresa) (Entered: 07/25/2007) |
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| 2007-07-25 |
51 |
0 |
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RESPONSE in Opposition re 38 MOTION to Dismiss the Claims Added by the Amendment to the Complaint filed by Plaintiff Foam Supplies, Inc.. (Gorman, Brett) (Entered: 07/25/2007) |
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| 2007-07-25 |
52 |
0 |
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Designation of Neutral by parties and ADR Conference Report by Plaintiff Foam Supplies, Inc. Neutral: Richard Sher Date of Conference: to be determined time: to be determined Location: to be determined.(MCB) (Entered: 07/26/2007) |
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| 2007-07-27 |
53 |
0 |
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MOTION for Leave to File A Brief in Excess of Fifteen Pages, MOTION to Stay A Partial Stay of Antitrust Discovery, to Compel Non-Antitrust Discovery by Defendant Dow Chemical Company, The. (Moore, Craig) (Entered: 07/27/2007) |
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| 2007-07-27 |
54 |
0 |
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MEMORANDUM in Opposition re 47 MOTION to Compel And Incorporated Memorandum of Law filed by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit A - King Affidavait# 2 Exhibit B - Bacce Affidavit# 3 Exhibit C - NOTICE OF FILING DOCUMENT UNDER SEAL# 4 Exhibit D - Protective Order (FSI v. Boone et al.)# 5 Exhibit E - Gazzoli letter dated 05/07/07# 6 Exhibit F - Defendant's First Set of Interrogatories# 7 Exhibit G - Defendant's First Request for Production)(Moore, Craig) (Entered: 07/27/2007) |
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| 2007-07-27 |
55 |
0 |
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NOTICE by Defendant Dow Chemical Company, The re 54 Memorandum in Opposition to Motion,, Filing Document Under Seal (Exhibit C): (Moore, Craig) (Entered: 07/27/2007) |
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| 2007-07-27 |
56 |
0 |
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EXHIBIT Received: C re 54 MEMORANDUM in Opposition re 47 MOTION to Compel And Incorporated Memorandum of Law filed by Defendant Dow Chemical Company, The. FILED UNDER SEAL. (KLH, ) (Entered: 07/30/2007) |
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| 2007-07-30 |
57 |
0 |
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ORDER - IT IS HEREBY ORDERED that plaintiff Foam Supplies, Inc. shall file its Rule 56(f) motion by 8/10/07. Defendant Dow Chemical Company shall file its response by 8/17/07. A hearing shall be held on 8/22/07. The parties should be prepared to present arguments regarding Dow's motion to dismiss as well as Foam Supplies' motion to compel and Rule 56(f) motion. IT IS FURTHER ORDERED that Dow's motion for leave to file a brief in excess of fifteen pages 53 is granted. Motion Hearing set for 8/22/2007 01:00 PM in Courtroom 14S before Honorable Catherine D. Perry. Signed by Judge Catherine D. Perry on 7/30/07. (BAK, ) (Entered: 07/30/2007) |
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| 2007-08-01 |
58 |
0 |
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REPLY to Response to Motion re 38 MOTION to Dismiss the Claims Added by the Amendment to the Complaint (Reply Brief in Support of Dow's Motion to Dismiss FSI's Amendment to the Complaint) filed by Defendant Dow Chemical Company, The. (Moore, Craig) (Entered: 08/01/2007) |
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| 2007-08-06 |
59 |
0 |
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NOTICE of Appointment of Neutral - Neutral name: Richard Sher. Neutral selected by parties, notice of appointment of neutral and order of referral e-mailed to Neutral Sher.(SAC, ) (Entered: 08/06/2007) |
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| 2007-08-06 |
60 |
0 |
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MOTION for Leave to File Brief In Excess Of 15 Pages by Plaintiff Foam Supplies, Inc.. (Phelps, Theresa) (Entered: 08/06/2007) |
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| 2007-08-06 |
61 |
0 |
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RESPONSE to Motion re 53 MOTION for Leave to File A Brief in Excess of Fifteen Pages MOTION to Stay A Partial Stay of Antitrust Discovery, to Compel Non-Antitrust Discovery, 47 MOTION to Compel And Incorporated Memorandum of Law (Consolidated Reply in Support of Motion to Compel and Memorandum in Opposition to Motion for Partial Stay of Antitrust Discovery and To Compel Non-Antitrust Discovery) filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Phelps, Theresa) (Entered: 08/06/2007) |
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| 2007-08-10 |
62 |
0 |
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MOTION to Stay re 42 MOTION for Partial Summary Judgment Pursuant to Fed.R.Civ.P. 56(f) by Plaintiff Foam Supplies, Inc. (Phelps, Theresa) (Entered: 08/10/2007) |
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| 2007-08-10 |
63 |
0 |
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MEMORANDUM in Support of Motion re 62 MOTION to Stay re 42 MOTION for Partial Summary Judgment Pursuant to Fed.R.Civ.P. 56(f) filed by Plaintiff Foam Supplies, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Phelps, Theresa) (Entered: 08/10/2007) |
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| 2007-08-10 |
64 |
0 |
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NOTICE re 63 Memorandum in Support of Motion (Verification of Signed Original Document) by Plaintiff Foam Supplies, Inc. (Phelps, Theresa) Modified on 8/13/2007 (KLH, ). (Entered: 08/10/2007) |
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| 2007-08-10 |
65 |
0 |
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MOTION for Leave to File Documents Under Seal by Plaintiff Foam Supplies, Inc. (Phelps, Theresa) (Entered: 08/10/2007) |
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| 2007-08-16 |
66 |
0 |
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REPLY to Response to Motion re 62 MOTION to Stay re 42 MOTION for Partial Summary Judgment Pursuant to Fed.R.Civ.P. 56(f) Reply Brief in Support of Dow's Motion for A Partial Stay of Antitrust Discovery and to Compel Non-Antitrust Discovery filed by Defendant Dow Chemical Company, The. (Davis, Glenn) (Entered: 08/16/2007) |
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| 2007-08-17 |
67 |
0 |
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MEMORANDUM in Opposition re 62 MOTION to Stay re 42 MOTION for Partial Summary Judgment Pursuant to Fed.R.Civ.P. 56(f) filed by Defendant Dow Chemical Company, The. (Davis, Glenn) (Entered: 08/17/2007) |
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| 2007-08-20 |
68 |
0 |
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EXHIBIT Received: C re 63 MEMORANDUM in Support of Motion re 62 MOTION to Stay re 42 MOTION for Partial Summary Judgment Pursuant to Fed.R.Civ.P. 56(f), filed by Plaintiff Foam Supplies, Inc. FILED UNDER SEAL. (KLH, ) (Entered: 08/20/2007) |
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| 2007-08-22 |
69 |
0 |
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Minute Entry for proceedings held before Judge Catherine D. Perry : Motion Hearing held on 8/22/2007 re 42 MOTION for Partial Summary Judgment filed by Dow Chemical Company, The,, 47 MOTION to Compel And Incorporated Memorandum of Law filed by Foam Supplies, Inc.,, 38 MOTION to Dismiss the Claims Added by the Amendment to the Complaint filed by Dow Chemical Company, The,, 62 MOTION to Stay re 42 MOTION for Partial Summary Judgment Pursuant to Fed.R.Civ.P. 56(f) filed by Foam Supplies, Inc.,. Arguments of counsel heard. Court takes matter under submission. Order to issue. (Court Reporter or FTR Gold Operator initials:T. Hopwood.) (FTR Gold yes or no: no.) (proceedings started: 12:58.) (proceedings ended: 2:56.) (BAK, ) (Entered: 08/22/2007) |
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| 2007-08-23 |
70 |
0 |
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ORDERED that plaintiff's Rule 56(f) motion to stay briefing 62 is denied, and plaintiff must file its responsive brief to defendant's motion for partial summary judgment no later than September 14, 2007; defendant must file any reply brief no later than September 21, 2007. FURTHER ORDERED that the Case Management Order is amended as follows: Please refer to order for all deadlines. ADR Completion Deadline due by 10/8/2007. Discovery Completion due by 1/18/2008. Non-Dispositive Motions due by 1/18/2008. Signed by Judge Catherine D. Perry on 8/23/07. (KLH, ) (Entered: 08/23/2007) |
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| 2007-08-29 |
71 |
0 |
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ORDER IT IS HEREBY ORDERED that plaintiff's motion to compel [#47] is denied. IT IS FURTHER ORDERED that defendant's motion to stay anti-trust discovery and to compel [#53] is granted. All discovery related solely to anti- trust issues is stayed, but discovery on the other claims and defenses in the case shall go forward. Plaintiff shall produce the discovery requested by defendant's motion within ten days of the date of this order. 47 53 Signed by Judge Catherine D. Perry on 8/29/07. (KXS, ) (Entered: 08/29/2007) |
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| 2007-09-07 |
72 |
0 |
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ORIGINAL TRANSCRIPT (Pilot) proceedings of Motion Hearing held on 8/22/07 before Judge Catherine D. Perry. Court Reporter: T. Hopwood. The transcript filed with the court will not be remotely available until such time as the period for redaction has expired or a request for redaction has been received and the redacted transcript filed. For additional information see the Notice/Instructions to the Bar regarding Electronic Availability of Civil Transcripts on the Court's website at www.moed.uscourts.gov (KCM, ) (Entered: 09/07/2007) |
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| 2007-09-12 |
73 |
0 |
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MOTION for Leave to File Overlong Brief by Plaintiff Foam Supplies, Inc.. (Phelps, Theresa) (Entered: 09/12/2007) |
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| 2007-09-12 |
74 |
0 |
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NOTICE by Plaintiff Foam Supplies, Inc. re 73 MOTION for Leave to File Overlong Brief Supplement to Motion for Leave to File Overlong Brief: (Phelps, Theresa) (Entered: 09/12/2007) |
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| 2007-09-14 |
75 |
0 |
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MOTION for Leave to File Documents Under Seal by Plaintiff Foam Supplies, Inc.. (Phelps, Theresa) (Entered: 09/14/2007) |
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| 2007-09-14 |
76 |
0 |
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NOTICE by Plaintiff Foam Supplies, Inc. re 75 MOTION for Leave to File Documents Under Seal Filing Documents Under Seal (Memorandum of Law in Opposition to Dow's Motion for Partial Summary Judgment and Response to Dow's Statement of Uncontroverted Material Facts): (Phelps, Theresa) (Entered: 09/14/2007) |
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| 2007-09-17 |
77 |
0 |
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MEMORANDUM in Opposition re 42 MOTION for Partial Summary Judgment filed by Plaintiff Foam Supplies, Inc. FILED UNDER SEAL. (KLH, ) (Entered: 09/17/2007) |
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| 2007-09-17 |
78 |
0 |
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RESPONSE to 45 Defendant's Statement of Uncontroverted Material Facts re 42 MOTION for Partial Summary Judgment, filed by Plaintiff Foam Supplies, Inc. FILED UNDER SEAL. (KLH, ) (Entered: 09/17/2007) |
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| 2007-09-19 |
79 |
0 |
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PROTECTIVE ORDER . Signed by Judge Catherine D. Perry on 9/19/07. (BAK, ) (Entered: 09/19/2007) |
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| 2007-09-21 |
80 |
0 |
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NOTICE by Defendant Dow Chemical Company, The re 77 Memorandum in Opposition to Motion Notice of Filing Documents Under Seal (Reply Memorandum in Support of Dow's Motion for Partial Summary Judgment) (Taylor, Bernard) Modified on 9/24/2007 (KLH, ). (Entered: 09/21/2007) |
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| 2007-09-21 |
81 |
0 |
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NOTICE by Defendant Dow Chemical Company, The re 77 Memorandum in Opposition to Motion Notice of Filing Documents Under Seal (Reply Memorandum in Support of Dow's Motion for Partial Summary Judgment) DUPLICATE FILING OF 80 NOTICE. (Taylor, Bernard) Modified on 9/24/2007 (KLH, ). (Entered: 09/21/2007) |
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| 2007-09-24 |
82 |
0 |
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REPLY to Response to Motion re 42 MOTION for Partial Summary Judgment filed by Defendant Dow Chemical Company, The. (FILED UNDER SEAL) (BAK, ) (Entered: 09/24/2007) |
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| 2007-10-18 |
83 |
0 |
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ADR COMPLIANCE REPORT by Neutral: Richard Sher. Date of Conference: September 25, 2007, and October 8, 2007. The parties participated in good faith, and the parties DID NOT achieve a settlement.(SAC, ) (Entered: 10/22/2007) |
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| 2007-10-22 |
84 |
0 |
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MOTION to Compel and Incorporated Memorandum of Law in Support by Plaintiff Foam Supplies, Inc. (Attachments: # 1 Exhibit A Excerpt from FSI Document Requests to Dow# 2 Exhibit B Def's responses and objections to plaintiff's first request for production of docs# 3 Exhibit C Letter to B. Taylor# 4 Exhibit D Letter to B. Taylor# 5 Exhibit E Letter to J. Gazzoli)(Gorman, Brett) (Entered: 10/22/2007) |
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| 2007-10-26 |
85 |
0 |
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MOTION for Leave to amend complaint and incorporated memorandum of law in support by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit A)(Gorman, Brett) (Entered: 10/26/2007) |
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| 2007-10-26 |
86 |
0 |
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MEMORANDUM in Opposition re 84 MOTION to Compel and Incorporated Memorandum of Law in Support filed by Defendant Dow Chemical Company, The. (Attachments: # 1)(Taylor, Bernard) (Entered: 10/26/2007) |
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| 2007-10-29 |
87 |
0 |
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REPLY to Response to Motion re 84 MOTION to Compel and Incorporated Memorandum of Law in Support filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 1 - Ltr to B. Taylor from Gorman# Exhibit 2 - Updated Objections and answers# 3 Exhibit 3 - M. Patterson transcript pages)(MCB) (Additional attachment(s) added on 12/6/2007: # 4 Exhibit 2 - NOTICE OF FILING DOCUMENT UNDER SEAL) (MCB). (Entered: 10/30/2007) |
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| 2007-11-05 |
88 |
0 |
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MEMORANDUM in Opposition re 85 MOTION for Leave to amend complaint and incorporated memorandum of law in support filed by Defendant Dow Chemical Company, The. (Attachments: # 1 # 2 # 3)(Taylor, Bernard) (Entered: 11/05/2007) |
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| 2007-11-15 |
89 |
0 |
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REPLY to Response to Motion re 85 MOTION for Leave to amend complaint and incorporated memorandum of law in support filed by Plaintiff Foam Supplies, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Gorman, Brett) (Entered: 11/15/2007) |
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| 2007-11-16 |
90 |
0 |
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MOTION for Protective Order by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Phelps, Theresa) (Entered: 11/16/2007) |
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| 2007-11-20 |
91 |
0 |
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MEMORANDUM in Opposition re 90 MOTION for Protective Order filed by Defendant Dow Chemical Company, The. (Taylor, Bernard) (Entered: 11/20/2007) |
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| 2007-11-21 |
92 |
0 |
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MOTION for Leave to File Surreply by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit 1)(Moore, Craig) (Entered: 11/21/2007) |
2010-02-17 15:52:09 |
f69b9c03b3d49ad5aab0d86319fa40d93e701b21 |
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92 |
1 |
Exhibit 1 |
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| 2007-11-21 |
93 |
0 |
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NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendant Dow Chemical Company, The re 92 MOTION for Leave to File Surreply (Moore, Craig) (Entered: 11/21/2007) |
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| 2007-11-27 |
94 |
0 |
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant Dow Chemical Co.'s motion to dismiss 38 is denied as to Count IX (breach of confidentiality agreement) and is otherwise granted. IT IS FURTHER ORDERED that Dow's motion for partial summary judgment 42 is granted, and Foam Supplies, Inc.'s antitrust claims (Counts I, II and X) are dismissed with prejudice. IT IS FURTHER ORDERED that FSI's motions to compel 84 is denied for the reasons stated by Dow, and its motion for protective order 90 is denied as moot. IT IS FURTHER ORDERED that Dow's motion for leave to file surreply 92 is granted. IT IS FURTHER ORDERED that FSI's motion for leave to amend the complaint 85 is denied for the reasons set out in Dow's opposition. IT IS FINALLY ORDERED that the parties shall notify the undersigned, jointly and in writing, no later than 12/4/07, of any modifications they believe are necessary to the expert witness or other discovery deadlines in this case.( Response to Court due by 12/4/2007.). Signed by Honorable Catherine D. Perry on 11/27/07. (BAK) (Entered: 11/27/2007) |
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| 2007-11-27 |
95 |
0 |
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SURREPLY to 85 Motion to Amend the Complaint by Defendant Dow Chemical Company, The. (BAK) (Entered: 11/28/2007) |
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| 2007-11-27 |
96 |
0 |
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EXHIBIT A Received re 95 SURREPLY in Opposition to 85 Plaintiff's Motion to Amend the Complaint, filed by Defendant Dow Chemical Company, The. FILED UNDER SEAL. (KLH) (Entered: 11/30/2007) |
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| 2007-12-04 |
97 |
0 |
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Joint MOTION for Extension of: Scheduling Order by Defendant Dow Chemical Company, The. (Moore, Craig) (Entered: 12/04/2007) |
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| 2007-12-04 |
98 |
0 |
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MOTION to Strike 95 Supplemental (Dow's Surreply Memorandum Nunc Pro Tunc) and Request for Hearing by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit A (Notice of Filing Document Under Seal), # 2 Exhibit B (Notice of Filing Document Under Seal), # 3 Exhibit C)(Gazzoli, John) (Entered: 12/04/2007) |
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| 2007-12-05 |
99 |
0 |
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MOTION for Leave to Remove Document and Place Under Seal by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit Notice of Filing Document Under Seal)(Phelps, Theresa) (Entered: 12/05/2007) |
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| 2007-12-05 |
100 |
0 |
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SEALED DOCUMENT by Plaintiff Foam Supplies, Inc. Exhibits A & B to 98 - Motion to Strike. (BAK) (Entered: 12/06/2007) |
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| 2007-12-06 |
101 |
0 |
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AMENDED CASE MANAGEMENT ORDER - GRANTING IN PART 97 Motion for Extension of Scheduling Order. Discovery Completion due by 2/29/2008., Jury Trial set for 8/25/2008 08:30 AM in Courtroom 14S before Honorable Catherine D. Perry. (See Oder for specific discovery dates). Signed by Honorable Catherine D. Perry on 12/6/07. (BAK) (Entered: 12/06/2007) |
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| 2007-12-11 |
102 |
0 |
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ANSWER to 34 Amended Complaint by Dow Chemical Company, The.(Moore, Craig) (Entered: 12/11/2007) |
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| 2008-01-11 |
103 |
0 |
|
Third MOTION to Compel and Incorporated Memorandum of Law by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I (Notice of Filing Document Under Seal))(Gazzoli, John) (Entered: 01/11/2008) |
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| 2008-01-14 |
104 |
0 |
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EXHIBIT I re 103 Third MOTION to Compel and Incorporated Memorandum of Law by Plaintiff Foam Supplies, Inc. FILED UNDER SEAL. (KLH) (Entered: 01/15/2008) |
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| 2008-01-15 |
105 |
0 |
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MOTION to Compel by Defendant Dow Chemical Company, The. (Taylor, Bernard) (Entered: 01/15/2008) |
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| 2008-01-15 |
106 |
0 |
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MEMORANDUM in Opposition re 103 Third MOTION to Compel and Incorporated Memorandum of Law and in Support of Defendant's Motion To Compel 105 filed by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Notice of Filing Under Seal), # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Taylor, Bernard) (Entered: 01/15/2008) |
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| 2008-01-18 |
107 |
0 |
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REPLY to Response to Motion re 105 MOTION to Compel, 103 Third MOTION to Compel and Incorporated Memorandum of Law (Consolidated Reply in Support of Third Motion to Compel and Memorandum in Opposition to Dow's Motion to Compel) filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M)(Phelps, Theresa) (Entered: 01/18/2008) |
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| 2008-01-22 |
108 |
0 |
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SEALED DOCUMENT - Exhibit B re 106 Memorandum in Opposition to Motion, by Defendant Dow Chemical Company, The. (MCB) (Entered: 01/22/2008) |
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| 2008-01-22 |
109 |
0 |
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REPLY to Response to Motion re 105 MOTION to Compel filed by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K)(Taylor, Bernard) (Entered: 01/22/2008) |
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| 2008-01-23 |
110 |
0 |
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SCHEDULING ORDER: Telephone Conference set for 1/25/2008 03:00 PM before Honorable Catherine D. Perry regarding the parties' motions to compel. Signed by Honorable Catherine D. Perry on 1/23/08. (BAK) (Entered: 01/23/2008) |
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| 2008-01-25 |
111 |
0 |
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Minute Entry for proceedings held before Honorable Catherine D. Perry: Telephone Conference held on 1/25/2008. Arguments of counsel heard re: 103 and 105 . Order to issue. (Court Reporter or FTR Gold Operator initials:T. Hopwood.) (FTR Gold yes or no: no.) (RJD) (Entered: 01/25/2008) |
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| 2008-01-29 |
112 |
0 |
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ORDERED that plaintiff Foam Supplies, Inc.'s motion to compel 103 is granted to the following extent: 1. Dow shall produce any MDI Reconciliation Spreadsheets and any TSR Forecast Change Forms for years 2003, 2004, and 2005 by February 8, 2008. 2. Dow shall produce its salesmen's call reports from the 2004-2005 contract term for the customers specified by Foam Supplies by February 8, 2008. FURTHER ORDERED that the deadline for filing discovery motions is extended to March 7, 2008 but all other case management deadlines remain in effect. FURTHER ORDERED that in all other respects Foam Supplies'motion to compel 103 and Dow's motion to compel 105 are denied as moot. Signed by Honorable Catherine D. Perry on 1/29/08. (KLH) (Entered: 01/29/2008) |
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| 2008-02-08 |
113 |
0 |
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MOTION for Protective Order by Defendant Dow Chemical Company, The. (Moore, Craig) (Entered: 02/08/2008) |
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| 2008-02-08 |
114 |
0 |
|
MEMORANDUM in Support of Motion re 113 MOTION for Protective Order filed by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # Exhibit E- FILED UNDER SEAL, # Exhibit F- FILED UNDER SEAL, # 7 Exhibit G)(Moore, Craig) Modified on 2/12/2008 (MCB). (Entered: 02/08/2008) |
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| 2008-02-08 |
115 |
0 |
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NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendant Dow Chemical Company, The re 114 Memorandum in Support of Motion, (Moore, Craig) (Entered: 02/08/2008) |
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| 2008-02-11 |
116 |
0 |
|
MOTION to Seal Document 114 Memorandum in Support of Motion, (Exhibits E and F) by Defendant Dow Chemical Company, The. (Moore, Craig) (Entered: 02/11/2008) |
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| 2008-02-11 |
117 |
0 |
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RESPONSE to Motion re 113 MOTION for Protective Order filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Notice of Filing Document Under Seal), # 3 Exhibit 3 (Notice of Filing Document Under Seal))(Gazzoli, John) (Entered: 02/11/2008) |
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| 2008-02-11 |
118 |
0 |
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NOTICE of Filing Exhibit with the Clerk's Office in paper format by Plaintiff Foam Supplies, Inc. re 117 Response to Motion, (Gazzoli, John) (Entered: 02/11/2008) |
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| 2008-02-11 |
119 |
0 |
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SEALED DOCUMENT - EXHIBITS D & G to 114 Memorandum in Support of Motion for Protective Order, by Defendant Dow Chemical Company, The. (BAK) (Entered: 02/12/2008) |
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| 2008-02-12 |
120 |
0 |
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SEALED DOCUMENT - EXHIBITS 2 and 3 to 117 RESPONSE to Motion re 113 MOTION for Protective Order, filed by Plaintiff Foam Supplies, Inc.(KLH) (Entered: 02/13/2008) |
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| 2008-02-13 |
121 |
0 |
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PROTECTIVE ORDER. Signed by Honorable Catherine D. Perry on 2/13/08. (BAK) (Entered: 02/13/2008) |
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| 2008-02-14 |
122 |
0 |
|
MOTION for Leave to Appear Pro Hac Vice Melissa K. Grouzard (Filing fee $100) by Defendant Dow Chemical Company, The. (KLH) (Entered: 02/19/2008) |
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| 2008-03-07 |
123 |
0 |
|
Fourth MOTION to Compel And Motion For Sanctions by Plaintiff Foam Supplies, Inc.. (Phelps, Theresa) (Entered: 03/07/2008) |
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| 2008-03-07 |
124 |
0 |
|
MOTION to Compel by Defendant Dow Chemical Company, The. (Taylor, Bernard) (Entered: 03/07/2008) |
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| 2008-03-07 |
125 |
0 |
|
MEMORANDUM in Support of Motion re 123 Fourth MOTION to Compel And Motion For Sanctions filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 1 (Transcript from January 25, 2008 Hearing), # 2 Exhibit 2 (FSI's Third Request for Production), # 3 Exhibit 3 (Dow's Objections and Responses to FSI's Third Requests for Production), # 4 Exhibit 4 (Third Amended Notices of Deposition), # 5 Exhibit 5 (Notice of Filing Document Under Seal), # 6 Exhibit 6 (Reardon Depo), # 7 Exhibit 7 (FSI's First Request for Production), # 8 Exhibit 8 (Certified Questions), # 9 Exhibit 9 (Notice of Filing Document Under Seal), # 10 Exhibit 10 (Notice of Filing Document Under Seal), # 11 Exhibit 11 (Notice of Filing Document Under Seal), # 12 Exhibit 12a (Notice of Filing Document Under Seal), # 13 Exhibit 12b (FSI's Objections and Answers to Dow's Second Set of Interrogatories))(Phelps, Theresa) (Entered: 03/07/2008) |
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| 2008-03-07 |
126 |
0 |
|
MEMORANDUM in Support of Motion re 124 MOTION to Compel filed by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Taylor, Bernard) (Entered: 03/07/2008) |
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| 2008-03-07 |
127 |
0 |
|
NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendant Dow Chemical Company, The re 126 Memorandum in Support of Motion, (Taylor, Bernard) (Entered: 03/07/2008) |
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| 2008-03-10 |
128 |
0 |
|
SEALED DOCUMENT re 125 Memorandum in Support of Motion Exh 5 by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exh 6, # 2 Exh 9, # 3 Exh 10, # 4 Exh 11, # 5 Exh 12a)(KCM) (Entered: 03/11/2008) |
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| 2008-03-11 |
129 |
0 |
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Joint MOTION to Stay re 125 Memorandum in Support of Motion,,, 126 Memorandum in Support of Motion, 124 MOTION to Compel, 123 Fourth MOTION to Compel And Motion For Sanctions by Defendant Dow Chemical Company, The. (Moore, Craig) (Entered: 03/11/2008) |
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| 2008-03-14 |
130 |
0 |
|
SEALED DOCUMENT re 126 Memorandum in Support of Motion 127 Notice of Filing Exhibit by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit S, # 2 Exhibit T, # 3 Exhibit U, # 4 Exhibit V, # 5 Exhibit W, # 6 Exhibit X)(KLK) (Entered: 03/17/2008) |
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| 2008-03-21 |
131 |
0 |
|
NOTICE Withdrawal of Motions: by Plaintiff Foam Supplies, Inc., Defendant Dow Chemical Company, The re 125 Memorandum in Support of Motion, 126 Memorandum in Support of Motion, 124 MOTION to Compel, 123 Fourth MOTION to Compel And Motion For Sanctions (Grouzard, Melissa) (Entered: 03/21/2008) |
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| 2008-04-16 |
132 |
0 |
|
MOTION for Extension of: Case Management Order Deadlines by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit March 29, 2008 J. Gazzoli E-mail)(Taylor, Bernard) (Entered: 04/16/2008) |
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| 2008-04-21 |
133 |
0 |
|
MOTION to Clarify Docket Text Order or in the Alternative, Motion to Modify Revised Case Management Order by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 1)(Gazzoli, John) (Entered: 04/21/2008) |
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| 2008-05-09 |
134 |
0 |
|
MOTION to Compel Documents Considered by Plaintiff's Expert by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Grouzard, Melissa) (Entered: 05/09/2008) |
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|
| 2008-05-13 |
135 |
0 |
|
RESPONSE to Motion re 134 MOTION to Compel Documents Considered by Plaintiff's Expert filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Notice of Filing Under Seal))(Gazzoli, John) (Entered: 05/13/2008) |
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|
| 2008-05-14 |
136 |
0 |
|
SEALED DOCUMENT -- Exhibit 2 to Plaintiff's re 135 Response to Defendant Dow's Motion to compel Documents Considered by Plaintiff's Expert by Plaintiff Foam Supplies, Inc.. (KCM) (Entered: 05/15/2008) |
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| 2008-05-16 |
137 |
0 |
|
REPLY to Response to Motion re 134 MOTION to Compel Documents Considered by Plaintiff's Expert filed by Defendant Dow Chemical Company, The. (Grouzard, Melissa) (Entered: 05/16/2008) |
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|
| 2008-05-19 |
138 |
0 |
|
MEMORANDUM AND ORDER. ORDERED that defendant Dow Chemical Company's motion to compel 134 is granted. Signed by Honorable Catherine D. Perry on 5/19/08. (KLH) (Entered: 05/19/2008) |
|
|
| 2008-05-21 |
139 |
0 |
|
ORDERED that dispositive motions and Daubert or other motions to exclude or limit expert testimony must be filed on or before Wednesday, May 28, 2008. Briefs in opposition shall be filed by June 18, 2008 and any reply briefs shall be filed by June 24, 2008. Dispositive Motions due by 5/28/2008. Signed by Honorable Catherine D. Perry on 5/21/08. (KLH) (Entered: 05/21/2008) |
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|
| 2008-05-28 |
140 |
0 |
|
MOTION to Exclude or Strike Testimony of Expert Witness Russell Belle by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Notice of Filing Document Under Seal), # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Gazzoli, John) (Entered: 05/28/2008) |
|
|
| 2008-05-28 |
141 |
0 |
|
MOTION to Exclude the Testimony Regarding Plaintiff's Opinion Witness John A. Stann by Defendant Dow Chemical Company, The. (Taylor, Bernard) Modified on 6/2/2008 (MCB). (Entered: 05/28/2008) |
|
|
| 2008-05-28 |
142 |
0 |
|
MOTION for Leave to File in Excess of Page Limitation by Defendant Dow Chemical Company, The. (Grouzard, Melissa) (Entered: 05/28/2008) |
|
|
| 2008-05-28 |
143 |
0 |
|
MOTION for Summary Judgment by Defendant Dow Chemical Company, The. (Grouzard, Melissa) (Entered: 05/28/2008) |
|
|
| 2008-05-28 |
144 |
0 |
|
REQUEST for ORAL Argument re: Dow's Motion for Summary Judgment by Defendants Dow Chemical Company. (Grouzard, Melissa) Modified on 5/29/2008 (RJD). (Entered: 05/28/2008) |
|
|
| 2008-05-28 |
145 |
0 |
|
SEALED DOCUMENT MEMORANDUM of Law in Support of Dow's Motion for Summary Judgment by Defendant Dow Chemical Company, The. (Grouzard, Melissa) Modified on 5/29/2008 (KCM). (Entered: 05/28/2008) |
|
|
| 2008-05-28 |
147 |
0 |
|
Exhibit List Exhibits Not Under Seal to Memorandum In Support Of Motion To Exclude by Defendant Dow Chemical Company, The.. (Attachments: # 1 Exhibit 3/4/08 J. Stann Report, # 2 Exhibit Articles Considered by R. Belle, # 3 Exhibit 10/31/07 J. Stann Report)(Taylor, Bernard) (Entered: 05/28/2008) |
|
|
| 2008-05-28 |
148 |
0 |
|
SEALED DOCUMENT: Statement of Uncontroverted Material Facts in Support of Dow's Motion for Summary Judgment by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit Index to Exhibits, # 2 Exhibit Ex 1 - Beitel Dep. Excerpts, # 3 Exhibit Ex 2 - Boehm 2/15/08 30(b)(6) Dep. Excerpts, # 4 Exhibit Ex 3 Boehm 2-21-08 Dep Excerpts, # 5 Exhibit Ex 4 - Boehm 2/21/08 30(b)(6) Dep Excerpts, # 6 Exhibit Ex 5 - Boehm 4/22/08 Dep Excerpts, # 7 Exhibit Ex 6 - Elliott dep Excerpts, # 8 Exhibit Ex 7 - Fuss Dep Excerpts, # 9 Exhibit Ex 8 - Kalinowski Dep Excerpts, # 10 Exhibit Ex 9 T. Keske Dep Excerpts, # 11 Exhibit Ex 10 - D. Keske Dep Excerpts, # 12 Exhibit Ex 11 - King Dep Excerpts, # 13 Exhibit Ex 12 - Leonard Dep Excerpts, # 14 Exhibit Ex 13 - Miller Dep Excerpts, # 15 Exhibit Ex 14 - Moore Dep Excerpts, # 16 Exhibit Ex 15 - Patterson Dep Excerpts, # 17 Exhibit Ex 16 Reardon Dep Excerpts, # 18 Exhibit Ex 17 - FSI's 2nd Supp. Ans. for 1st Interrogs., # 19 Exhibit Ex 19 - Sales Contract, # 20 Exhibit Ex 20 - Purchase Order, # 21 Exhibit Ex 21 - Olin Arch Sales Contract, # 22 Exhibit Ex 22 - Huntsman Sales Agreement, # 23 Exhibit Ex 23 - 11/26/03 Boehm email, # 24 Exhibit Ex 24 - 8/12/04 King email, # 25 Exhibit Ex 25 - Polyurethanes Chart, # 26 Exhibit Ex 26 - 11/06/03 King email, # 27 Exhibit Ex 27 - 2/11/04 King email, # 28 Exhibit Ex 28 - 11/8/04 King email, # 29 Exhibit Ex 29 - 11/23/04 Reardon email, # 30 Exhibit Ex 30 - 12/2/03 Boehm email, # 31 Exhibit Ex 31 - 5/12/03 Conf. Agreement, # 32 Exhibit Ex 32 - 10/5/03 Ext. of Conf. Agreement, # 33 Exhibit Ex 33 - 10/31/03 Boehm email, # 34 Exhibit Ex 34 - 8/22/03 Caruccio email, # 35 Exhibit Ex 35 - 1/4/02 Beitel letter, # 36 Exhibit Ex 36 - 11/25/03 Lisc. and Customer List. Tr. Agreement, # 37 Exhibit Ex 37 - 12/2/03 Conf. and NDA, # 38 Exhibit Ex 38 - 1/27/04 FSI/Philips Lease Agreement, # 39 Exhibit Ex 42 - 10/21/04 Ryan email, # 40 Exhibit Ex 43 - 11/21/04 King email, # 41 Exhibit Ex 44 - 11/17/04 Ryan email, # 42 Exhibit Ex 45 - 3/14/05 Ryan email, # 43 Exhibit Ex 46 - 11/19/04 MacCleary letter, # 44 Exhibit Ex 49 - 10/2004 IAL Consult. Excerpt, # 45 Exhibit Ex 50 - 9/23/04 Technon OrbiChem Monthly Newsletter, # 46 Exhibit Ex 51 - 6/7/05 Elliott email, # 47 Exhibit Ex 52 - 11/18/04 FSI Internal Memo, # 48 Exhibit Ex 53 - 12/17/04 Robertson email, # 49 Exhibit Ex 54 - 6/9/05 Robertson email, # 50 Exhibit Ex 55 - FSI Updated Obj. to Def's 1st Set of Interrogs., # 51 Exhibit Ex 58 - 8/20/04 Invoice, # 52 Exhibit Ex 59 - 10/28/04 King email, # 53 Exhibit Ex 61 - 1/2005 Target Accounts, # 54 Exhibit Ex 62 - 6/12/06 Carpenter email, # 55 Exhibit Ex 63 - 11/27/06 Carpenter email, # 56 Exhibit Ex 64 - 02/1/06 Zehnder email, # 57 Exhibit Ex 65 - 12/08/05 Carpenter email, # 58 Exhibit Ex 66 - 11/06/06 Email, # 59 Exhibit Ex 67 - 12/08/06 Zehnder email, # 60 Exhibit Ex 68 - 12/01/06 Carpenter email, # 61 Exhibit Ex 69 - 1/08/07 Ashmore letter, # 62 Exhibit Ex 70 - 5/08/07 Byrd email, # 63 Exhibit Ex 71 - 6/16/04 Mason letter, # 64 Exhibit Ex 72 - 11/08/04 Miller letter, # 65 Exhibit Ex 73 - 11/08/04 Tel. Contact Form, # 66 Exhibit Ex 74 - 11/17/04 Patterson letter, # 67 Exhibit Ex 75 - 05/11/05 Mason letter, # 68 Exhibit Ex 76 - 7/6/05 Miller letter, # 69 Exhibit Ex 77 - 6/23/05 FSI Internal Memo, # 70 Exhibit Ex 78 - 1/14/05 Conf. Call Agenda, # 71 Exhibit Ex 79 - 6/7/05 Bertolino email, # 72 Exhibit Ex 80 - 8/19/05 Kalinowski hw notes, # 73 Exhibit Ex 81 - 2/26/08 FSI's Resp. to 2nd Set of Interrogs., # 74 Exhibit Ex 82 - 3/10/08 FSI's 3rd Supp. Resp. to 1st Set of Interrogs., # 75 Exhibit Ex 83 - 12/04/03 Summ. of Conf. Call with Dow, # 76 Exhibit Ex 85 - 9/13/04 Kalinowski hw Notes, # 77 Exhibit Ex 86 - 2/19/03 Sales Call Report)(Grouzard, Melissa) Modified on 7/24/2008, incorrectly docketed as a motion, motion termed, text modified (KLH). (Entered: 05/28/2008) |
|
|
| 2008-05-28 |
149 |
0 |
|
Exhibit List [Statement of Uncontroverted Material Facts in Support of Dow's Motion for Summary Judgment - Exhibits Not Under Seal: Ex. 18 - 8/16/04 Draft Agreement] by Defendant Dow Chemical Company, The.. (Attachments: # 1 Exhibit Ex 39 - 10/15/02 Lease Agreement, # 2 Exhibit Ex 40 - 11/21/00 Agreement of Joint Coop., # 3 Exhibit Ex 41 - 11/17/04 Reardon letter, # 4 Exhibit Ex 47 - 3/4/08 Stann Report, # 5 Exhibit Ex 48 - 7/30/04 Keske Letter, # 6 Exhibit Ex 56 - 8/2004 Article, # 7 Exhibit Ex 57 - 8/5/04 Boehm email, # 8 Exhibit Ex 60 - 2/11/08 Kalinowski Affidavit, # 9 Exhibit Ex 84 - Ecomate Webpage)(Grouzard, Melissa) (Entered: 05/28/2008) |
|
|
| 2008-05-29 |
150 |
0 |
|
RESPONSE in Opposition re 142 MOTION for Leave to File in Excess of Page Limitation filed by Plaintiff Foam Supplies, Inc.. (Phelps, Theresa) (Entered: 05/29/2008) |
|
|
| 2008-05-29 |
151 |
0 |
|
MEMORANDUM in Support of Sealed Motion re 141 MOTION for Daubert Hearing Regarding Plaintiff's Opinion Witness John A. Stann filed by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit Ex. 2 - Stann Dep Excerpts, # 2 Exhibit Ex. 5 - Reardon Dep Excerpts, # 3 Exhibit Ex. 6 - 2/21/08 Boehm 30(b)(6) Excerpts, # 4 Exhibit Ex. 7 - 7/14/04 L. King Email, # 5 Exhibit Ex. 8 - 2/1/08 King Dep Excerpts, # 6 Exhibit Ex. 9 - 8/2/05 L. King Email, # 7 Exhibit Ex. 10 - 11/18/04 FSI Internal Memorandum, # 8 Exhibit Ex. 11 - Huntsman Contract)(Taylor, Bernard) (Entered: 05/29/2008) |
|
|
| 2008-06-02 |
152 |
0 |
|
ORDER: IT IS HEREBY ORDERED that the parties shall file with the Court the complete transcript of the depositions of Russell Belle and John Stann. Signed by Honorable Catherine D. Perry on June 2, 2008. (MCB) (Entered: 06/02/2008) |
|
|
| 2008-06-03 |
153 |
0 |
|
NOTICE of Compliance with Order of Court by Defendant The Dow Chemical Company re 152 Scheduling Order (Moore, Craig) (Entered: 06/03/2008) |
|
|
| 2008-05-29 |
154 |
0 |
|
SEALED DOCUMENT -- Notice of Filing Exhibit 2 to 140 Plaintiff's MOTION to Exclude or Strike Testimony of Expert Witness Russell Belle by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 2)(KCM) (Entered: 06/03/2008) |
|
|
| 2008-06-04 |
155 |
0 |
|
SEALED DOCUMENT re 152 Scheduling Order by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit A Depo of J. Stann and errata, # 2 Exhibit B - Depo of R. Belle)(Moore, Craig) (Entered: 06/04/2008) |
|
|
| 2008-06-12 |
156 |
0 |
|
MOTION for Leave to Appear Pro Hac Vice Douglas J. Kurtenbach (Filing fee $100) by Defendant Dow Chemical Company, The. (KLH) (Entered: 06/13/2008) |
|
|
| 2008-06-18 |
157 |
0 |
|
RESPONSE to Motion re 140 MOTION to Exclude or Strike Testimony of Expert Witness Russell Belle filed by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit Ex. 1 (R. Belle 5/5/08 Report), # 2 Exhibit Ex. 2 (J. Stann 3/4/08 Report), # 3 Exhibit Ex. 3 (R. Belle Deposition Transcript Excerpts), # 4 Exhibit Ex. 4 (DOW-FSI 000503, N. Ryan e-mail), # 5 Exhibit Ex. 5 (Stann-FSI/DOW 0609-0613, J. Stann Interview Notes 9/1/06))(Taylor, Bernard) (Entered: 06/18/2008) |
|
|
| 2008-06-20 |
158 |
0 |
|
MOTION for Sanctions Pursuant to Rule 16(f) by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit Notice of Filing Exhs. 1 and 2 Under Seal, # 2 Exhibit 3)(Gazzoli, John) (Entered: 06/20/2008) |
|
|
| 2008-06-20 |
159 |
0 |
|
RESPONSE to Motion re 141 MOTION to Exclude Testimony of John A. Stann filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit Notice of Filing Exhibits 1, 2, and 3 Under Seal)(Gazzoli, John) (Entered: 06/20/2008) |
|
|
| 2008-06-20 |
160 |
0 |
|
STATEMENT of Material Facts re 148 SEALED MOTION Statement of Uncontroverted Material Facts in Support of Dow's Motion for Summary Judgment (Consolidated Statement of Material Facts As To Which A Genuine Issue Exists and Responses To Statement Of Material Facts In Support Of Dow's Motion for Summary Judgment filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit Notice of Filing Exhibits 1-6, 9, 11-18, 20-25, 27, 29-33 Under Seal, # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibit 10, # 5 Exhibit 19, # 6 Exhibit 26, # 7 Exhibit 28)(Gazzoli, John) (Entered: 06/20/2008) |
|
|
| 2008-06-20 |
161 |
0 |
|
MEMORANDUM in Opposition re 143 MOTION for Summary Judgment filed by Plaintiff Foam Supplies, Inc.. (Gazzoli, John) (Entered: 06/20/2008) |
|
|
| 2008-06-21 |
162 |
0 |
|
NOTICE Opposition to FSI's Late Filing of Its Response to Dow's Motion to Exclude the Testimony of John A. Stann: by Defendant Dow Chemical Company, The re 159 Response to Motion (Grouzard, Melissa) (Entered: 06/21/2008) |
|
|
| 2008-06-21 |
163 |
0 |
|
NOTICE Opposition: by Defendant Dow Chemical Company, The re 162 Notice (Other) Opposition to FSI's Late Filing of Its Response to Dow's Motion to Exclude the Testimony of John A. Stann (Grouzard, Melissa) (Entered: 06/21/2008) |
|
|
| 2008-06-22 |
164 |
0 |
|
NOTICE Response to Dow's "Notice: Opposition to FSI's Late Filing of Response to Dow's Motion to Exclude the Testimony of John A. Stann": by Plaintiff Foam Supplies, Inc. re 159 Response to Motion, 163 Notice (Other), 162 Notice (Other) (Gazzoli, John) (Entered: 06/22/2008) |
|
|
| 2008-06-20 |
165 |
0 |
|
SEALED DOCUMENT - Exhibit 1 re 158 MOTION for Sanctions Pursuant to Rule 16(f) by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 2)(MCB) (Entered: 06/24/2008) |
|
|
| 2008-06-20 |
166 |
0 |
|
SEALED DOCUMENT - Exhibit 1 re 159 Response to Motion by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3) ALSO IN PAPER FORMAT AND FILED UNDER SEAL.(MCB) (Entered: 06/24/2008) |
|
|
| 2008-06-20 |
167 |
0 |
|
SEALED DOCUMENT - Statement of Material Facts re 160 Statement of Material Facts,, by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 1 - Dep. Ex. 55, # 2 Ex 2 - Excerpts of Depo of David Keske, # 3 Ex. 3 - Excerpts of Depo of Richard Beitel, # 4 Ex. 4 - Excerpts of Depo of Robert Elliott, # 5 Ex. 5 - Dep Ex. 159, # 6 Ex. 6 - Excerpts of Depo of James Boehm, # 7 Ex. 9 - Dep Ex. 135, # 8 Ex. 11 - Dep Ex. 86, # 9 Ex. 12 - Excerpts of Depo of Charles Reardon, # 10 Ex. 13 - Dep. Ex. 94, # 11 Ex. 14 - Dep Ex. 139, # 12 Ex. 15 - Excerpts of Depo of James Boehm, # 13 Ex. 16 - Affidavit of Tim Kalinowski, # 14 Ex. 17 - Excerpts of Dep of James Boehm (2/15/08), # 15 Ex. 18 - Dep Ex. 127, # 16 Ex. 20 - Excerpts of Depo of Tim Kalinowski, # 17 Ex. 21 - Excerpts of Deposition of Mickey Leonard, # 18 Ex. 22 - Dep Ex. 56, # 19 Ex. 23 - Dep Ex. 102, # 20 Ex. 24 - Dep Ex. 66, 72 and 74, # 21 Ex. 25 - Dep Ex. 162, # 22 Ex. 27 - Dep. Ex. JJ, # 23 Ex. 29 - Excerpts of Depo of Les King, # 24 Ex. 30 - Dep Ex. 105, # 25 Ex. 31 - Excerpts of Depo of Maryanne Bono, # 26 Ex. 32 - Dep Ex. 54, # 27 Ex. 33 - Affidavit of James Boehm) ALSO IN PAPER FORMAT AND FILED UNDER SEAL(MCB) (Entered: 06/24/2008) |
|
|
| 2008-06-24 |
168 |
0 |
|
REPLY to Response to Motion re 140 MOTION to Exclude or Strike Testimony of Expert Witness Russell Belle filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit A (Affidavit of John A. Stann), # 2 Original Filing Form (Verification of Signed Original Document))(Gazzoli, John) (Entered: 06/24/2008) |
|
|
| 2008-06-24 |
169 |
0 |
|
NOTICE Re-Filing Legible Copy of Exhibit: by Plaintiff Foam Supplies, Inc. re 167 Sealed Document (Affidavit of Tim Kalinowski) (Gazzoli, John) Modified on 6/25/2008 (KLH). (Entered: 06/24/2008) |
|
|
| 2008-06-24 |
170 |
0 |
|
SEALED DOCUMENT (Exhibit 16 (Affidavit of Tim Kalinowski) to Consolidated Statement of Material Facts As To Which A Genuine Dispute Exists and Responses to Statement of Material Facts In Support of Dow's Motion for Summary Judgment) by Plaintiff Foam Supplies, Inc. (Gazzoli, John) incorrectly docketed as a motion, motion termed, text modified on 6/25/2008 (KLH). (Entered: 06/24/2008) |
|
|
| 2008-06-24 |
171 |
0 |
|
REPLY to Response to Motion re 141 MOTION to Exclude the Testimony of John A. Stann filed by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit Index to Exhibits, # 2 Exhibit Exhibit 2 - Stann Dep, # 3 Exhibit Exhibit 3 - Reardon Dep)(Taylor, Bernard) (Entered: 06/24/2008) |
|
|
| 2008-06-24 |
172 |
0 |
|
NOTICE Filing Documents Not Under Seal: by Defendant Dow Chemical Company, The re 171 Reply to Response to Motion (SEALED) (Attachments: # 1 Exhibit Alleged Supply Contract, # 2 Exhibit Articles Considered by R. Belle)(Taylor, Bernard) Modified on 6/25/2008 (KLH). (Entered: 06/24/2008) |
|
|
| 2008-06-24 |
173 |
0 |
|
REPLY to Response to Motion re 143 MOTION for Summary Judgment filed by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit Index to Exhibits, # 2 Exhibit Exhibit 1 - Reardon Dep, # 3 Exhibit Exhibit 2 - King Dep, # 4 Exhibit Exhibit 3 - Boehm 2/21/08 Dep, # 5 Exhibit Exhibit 4 - Contract Approval Routing, # 6 Exhibit Exhibit 5 - Leonard 4/22/08 Dep, # 7 Exhibit Exhibit 6 - 11/19/04 E-mail, # 8 Exhibit Exhibit 7 - 2/15/05 E-mail, # 9 Exhibit Exhibit 8 - Lab Notebook, # 10 Exhibit Exhibit 9 - Rigid Request for Testing, # 11 Exhibit Exhibit 10 - Cold Chain Report)(Taylor, Bernard) (Entered: 06/24/2008) |
|
|
| 2008-06-26 |
174 |
0 |
|
MOTION for Leave to Appear Pro Hac Vice Nader R. Boulos (Filing fee $100) by Defendant Dow Chemical Company, The. (KLH) (Entered: 06/27/2008) |
|
|
| 2008-06-27 |
175 |
0 |
|
RESPONSE to Motion re 158 MOTION for Sanctions Pursuant to Rule 16(f) filed by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit Ex. 1 2/27/08 Leonard Dep Excerpts, # 2 Exhibit Ex. 2 3/10/08 Pltf Supp. Interrogatory Responses, # 3 Exhibit Ex. 3 2/28/08 Kalinowski Dep Excerpts, # 4 Exhibit Ex. 4 2/29/08 Miller Dep Excerpts, # 5 Exhibit Ex. 5 10/22/2007 Pltf's Second Document Requests, # 6 Exhibit Ex. 6 4/22/2008 Leonard Dep Excerpts)(Taylor, Bernard) (Entered: 06/27/2008) |
|
|
| 2008-07-03 |
176 |
0 |
|
REPLY BRIEF IN SUPPORT OF MOTION FOR RULE 16(F) SANCTIONS Re: 158 Motion for Rule 16(f) Sanctions by Plaintiff Foam Supplies, Inc. (Attachments: # 1 Exhibit Exhibit 1)(Gazzoli, John) Modified on 7/7/2008 (MCB). Modified on 7/7/2008 (MCB). (Entered: 07/03/2008) |
|
|
| 2008-07-03 |
177 |
0 |
|
ORAL MOTION Re: Requset for Oral Argument on FSI's Motion for Rule 16(f) Sanctions by Plaintiff Foam Supplies, Inc.(Gazzoli, John) Modified on 7/7/2008 (MCB). (Entered: 07/03/2008) |
|
|
| 2008-07-08 |
178 |
0 |
|
MOTION for Leave to File Sur-Reply In Opposition To FSI's Rule 16(f) Motion by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit Notice of Filing Under Seal Exhibit 1 and Exhibit A Thereto to Mot for Leave to File Sur-Reply)(Taylor, Bernard) (Entered: 07/08/2008) |
|
|
| 2008-07-08 |
179 |
0 |
|
SEALED DOCUMENT: Sur-Reply In Opposition To FSI's Rule 16(f) Motion(Sur-Reply and Exhibit A Thereto) by Defendant Dow Chemical Company, The. (Taylor, Bernard) Modified on 7/31/2008 (KLH). (Entered: 07/08/2008) |
|
|
| 2008-07-09 |
180 |
0 |
|
RESPONSE to Motion re 178 MOTION for Leave to File Sur-Reply In Opposition To FSI's Rule 16(f) Motion MOTION for Leave to File Sur-Reply In Opposition To FSI's Rule 16(f) Motion filed by Plaintiff Foam Supplies, Inc.. (Gazzoli, John) (Entered: 07/09/2008) |
|
|
| 2008-07-31 |
181 |
0 |
|
ORDERED that defendant's motion for summary judgment 143 is granted in part and denied in part as follows: defendant shall have judgment as a matter of law on plaintiff's claim of fraudulent misrepresentation (Count VI) and on plaintiff's claim for breach of the nondisclosure agreement (Count IX); defendant shall also have partial summary judgment on the breach of contract claim (Count III) only as to plaintiff's claim for lost profits. Plaintiff may not seek lost profits damages on its contract claim, but genuine disputes of material fact remain on all other elements of that claim; genuine disputes of material fact also remain on plaintiffs claim for tortious interference with its business expectancy with Philips Products (Count V). Counts III and V will go to trial as scheduled on August 25, 2008. FURTHER ORDERED that plaintiff's motion for sanctions 158 is denied. FURTHER ORDERED that the motions for oral argument 144 , 177 are denied, and the motion for leave to file sur reply 178 is granted. FURTHER ORDERED that the parties' deadline for filing the first part of their pretrial submissions (as required by the earlier Case Management Orders) is extended to Thursday, August 7, 2008. The second part of their submissions remain due on Friday, August 15, 2008. The parties are specifically ordered to provide proposed jury instructions for the contract count based on Michigan law. FURTHER ORDERED that I will hold the motions to strike and exclude expert testimony in abeyance pending receipt of the following supplemental filings: Plaintiff is ordered to provide a summary of the expert testimony it expects to elicit from Mr. Stann no later than Monday, August 11, 2008, and defendant is ordered to provide a summary of the expert testimony it expects to elicit from Mr. Belle no later than Wednesday, August 13, 2008. Signed by Honorable Catherine D. Perry on 7/31/08. (KLH) (Entered: 07/31/2008) |
|
|
| 2008-08-04 |
182 |
0 |
|
MEMORANDUM OPINION. The undisputed facts show that Dow is entitled to summary judgment on FSI's claims for fraudulent misrepresentation (Court VI) and breach of the non-disclosure agreement (Count IX). Factual disputes exists with regard to FSI's breach of contract claim (Count III) and FSI's tortious interference claim (Count V), and therefore, I have denied Dow's motion for summary judgment on those claims. Still, those claims are more limited that FSI asserts: FSI is barred from claiming lost profits for its breach of contract claim because of the limitation on liability clause, and FSI is barred from seeking damages related to CHI and Miraco in relation to its tortious interference claim. On July 31, 2008, I entered orders consistent with this opinion. Signed by Honorable Catherine D. Perry on 8/4/08. (RJD) (Entered: 08/04/2008) |
|
|
| 2008-08-07 |
183 |
0 |
|
Witness List by Plaintiff Foam Supplies, Inc.. (Gazzoli, John) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
184 |
0 |
|
Exhibit List by Plaintiff Foam Supplies, Inc... (Attachments: # 1 Index of Exhibits)(Gazzoli, John) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
185 |
0 |
|
Deposition Designations by Plaintiff Foam Supplies, Inc... (Gazzoli, John) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
186 |
0 |
|
Deposition Designations by Plaintiff Foam Supplies, Inc... (Gazzoli, John) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
187 |
0 |
|
Deposition Designations by Plaintiff Foam Supplies, Inc... (Gazzoli, John) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
188 |
0 |
|
Deposition Designations by Plaintiff Foam Supplies, Inc... (Gazzoli, John) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
189 |
0 |
|
Deposition Designations by Plaintiff Foam Supplies, Inc... (Gazzoli, John) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
190 |
0 |
|
Deposition Designations by Plaintiff Foam Supplies, Inc... (Gazzoli, John) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
191 |
0 |
|
Proposed Jury Instructions by Plaintiff Foam Supplies, Inc.. (Gazzoli, John) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
192 |
0 |
|
TRIAL BRIEF by Plaintiff Foam Supplies, Inc.. (Gazzoli, John) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
193 |
0 |
|
Deposition Designations by Defendant Dow Chemical Company, The.. (Attachments: # 1 Exhibit Ex. A Def.'s Deposition Designations)(Taylor, Bernard) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
194 |
0 |
|
Exhibit List by Defendant Dow Chemical Company, The.. (Attachments: # 1 Exhibit Ex. A Def.'s Exhibit List)(Taylor, Bernard) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
195 |
0 |
|
Witness List by Defendant Dow Chemical Company, The. (Taylor, Bernard) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
196 |
0 |
|
Proposed Jury Instructions by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit Ex. A Def.'s Proposed Jury Instructions)(Taylor, Bernard) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
197 |
0 |
|
TRIAL BRIEF by Defendant Dow Chemical Company, The. (Taylor, Bernard) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
198 |
0 |
|
Stipulation of Uncontested Facts by Defendant Dow Chemical Company, The. (Taylor, Bernard) (Entered: 08/07/2008) |
|
|
| 2008-08-07 |
199 |
0 |
|
SEALED DOCUMENT Defendant's Interrogatory Answer Designations by Defendant Dow Chemical Company, The. (Taylor, Bernard) (Entered: 08/07/2008) |
|
|
| 2008-08-08 |
200 |
0 |
|
Stipulation of Uncontested Facts by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Text of Proposed Order (Plaintiff's Proposed Statement of the Case))(Phelps, Theresa) (Entered: 08/08/2008) |
|
|
| 2008-08-11 |
201 |
0 |
|
NOTICE Regarding Expert Witness John Stann: by Plaintiff Foam Supplies, Inc. re 181 Order (Gazzoli, John) Modified on 8/12/2008 (KLH). (Entered: 08/11/2008) |
|
|
| 2008-08-13 |
202 |
0 |
|
NOTICE Defendant's Notice Regarding Expert Witness Russell Belle: by Defendant Dow Chemical Company, The re 181 Order (Taylor, Bernard) Modified on 8/14/2008 (BAK). (Entered: 08/13/2008) |
|
|
| 2008-08-15 |
203 |
0 |
|
OBJECTION to Pretrial re 194 Exhibit List by Plaintiff Foam Supplies, Inc.. Related document: 194 Exhibit List filed by Dow Chemical Company, The. (Attachments: # 1 List of Specific Objections)(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
204 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (Deposition of David Keske) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
205 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (Rule 30(b)(6) Deposition of James Boehm) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
206 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (2/21/08 Deposition of James Boehm) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
207 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (4/22/08 Deposition of James Boehm) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
208 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (Deposition of Michael Patterson) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
209 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (Deposition of Robert Wood) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
210 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (2/22/08 Deposition of Timothy Kalinowski) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
211 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (2/28/08 Deposition of Timothy Kalinowski) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
212 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (Deposition of Todd Keske) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
213 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (Deposition of Gregory Miller) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
214 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (Deposition of Harry (Mac) Fuss) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
215 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (Deposition of Maryanne Bono) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
216 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (2/15/08 Deposition of James Boehm) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
217 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (Deposition of Ian Wheeler) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
218 |
0 |
|
OBJECTION to Pretrial re 193 Deposition Designations (Deposition of Richard Beitel) by Plaintiff Foam Supplies, Inc.. Related document: 193 Deposition Designations filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
219 |
0 |
|
OBJECTION to Pretrial re 199 Sealed Document (Objections to Defendant's Interrogatory Answer Designations) by Plaintiff Foam Supplies, Inc.. Related document: 199 Sealed Document filed by Dow Chemical Company, The.(Phelps, Theresa) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
220 |
0 |
|
OBJECTION to Pretrial re 191 Proposed Jury Instructions Dow's Responses to FSI's Proposed Jury Instructions by Defendant Dow Chemical Company, The. Related document: 191 Proposed Jury Instructions filed by Foam Supplies, Inc..(Taylor, Bernard) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
221 |
0 |
|
First SEALED MOTION Filed Under Seal Motion in Limine #2 and Incorporated Memorandum in Support: To Exclude Evidence of the Benzene Surcharge Claim by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit A: PX 165, # 2 Exhibit B (FSI 0298-299), # 3 Exhibit C Miller Dep Excerpts)(Taylor, Bernard) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
222 |
0 |
|
MOTION to Exclude Testimony of Undisclosed Witness by Defendant Dow Chemical Company, The. (Taylor, Bernard) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
223 |
0 |
|
SEALED DOCUMENT re 222 MOTION to Exclude Testimony of Undisclosed Witness NOTICE OF FILING EXHIBITS UNDER SEAL by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit A: Plaintiffs Rule 26(a) Disclosures, # 2 Exhibit B: Plaintiffs Updated Objections and Answers to Defendants First Set of Interrogatories, # 3 Exhibit C Plaintiffs Supplemental Updated Objections and Answers to Defendants First Set of Interrogatories, # 4 Exhibit D Plaintiffs Second Supplemental Updated Objections and Answers to Defendants First Set of Interrogatories, # 5 Exhibit E Plaintiffs Second Supplemental Answers to Interrogatory #9 of Defendants First Set of Interrogatories)(Taylor, Bernard) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
224 |
0 |
|
OBJECTION to Pretrial re 186 Deposition Designations, 190 Deposition Designations, 185 Deposition Designations, 189 Deposition Designations, 188 Deposition Designations, 187 Deposition Designations The Dow Chemical Company's Objections to Foam Supplies, Inc.'s Deposition Designations by Defendant Dow Chemical Company, The. Related document: 186 Deposition Designations filed by Foam Supplies, Inc., 190 Deposition Designations filed by Foam Supplies, Inc., 185 Deposition Designations filed by Foam Supplies, Inc., 189 Deposition Designations filed by Foam Supplies, Inc., 188 Deposition Designations filed by Foam Supplies, Inc., 187 Deposition Designations filed by Foam Supplies, Inc.. (Attachments: # 1 Exhibit Exhibit: Dow Objections to FSI Dep Designations)(Taylor, Bernard) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
225 |
0 |
|
OBJECTION to Pretrial re 184 Exhibit List The Dow Chemical Company's Objections to Foam Supplies' Exhibit List by Defendant Dow Chemical Company, The. Related document: 184 Exhibit List filed by Foam Supplies, Inc.. (Attachments: # 1 Exhibit Exhibit: Dow Objections to FSI Exhibit List)(Taylor, Bernard) (Entered: 08/15/2008) |
|
|
| 2008-08-15 |
226 |
0 |
|
SEALED DOCUMENT The Dow Chemical Company's Motion in Limine No. 1 and Incorporated Memorandum In Support by Defendant Dow Chemical Company, The. (Attachments: # 1 Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Errata D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Errata H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Errata P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V)(Taylor, Bernard) (Entered: 08/15/2008) |
|
|
| 2008-08-18 |
227 |
0 |
|
OBJECTION to Pretrial re 184 Exhibit List Notice of Re-Filing of The Dow Chemical Company's Objections to Foam Supplies Inc.'s Exhibit List by Defendant Dow Chemical Company, The. Related document: 184 Exhibit List filed by Foam Supplies, Inc.. (Attachments: # 1 Exhibit Ex. A. Objections To Plaintiff Foam Supplies, Inc.'s Exhibit List, # 2 Exhibit Ex. B to Dow's Objections to Plaintiff Foam Supplies, Inc.'s Exhibit List)(Taylor, Bernard) (Entered: 08/18/2008) |
|
|
| 2008-08-18 |
228 |
0 |
|
RESPONSE to Motion re 221 First SEALED MOTION Filed Under Seal Motion in Limine #2 and Incorporated Memorandum in Support: To Exclude Evidence of the Benzene Surcharge Claim filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 2 (FSI 0181), # 2 Exhibit 5 (Subpoena), # 3 Exhibit 7 (Email Enclosing Subpoena))(Gazzoli, John) (Entered: 08/18/2008) |
|
|
| 2008-08-18 |
229 |
0 |
|
RESPONSE to Motion re 221 First SEALED MOTION Filed Under Seal Motion in Limine #2 and Incorporated Memorandum in Support: To Exclude Evidence of the Benzene Surcharge Claim (Exhibits Filed Under Seal) filed by Plaintiff Foam Supplies, Inc.. (Attachments: # 1 Exhibit 1 (Second Supplemental Updated Objections), # 2 Exhibit 3 (Third Supplemental Updated Objections), # 3 Exhibit 4 (Amended Notice of Depo), # 4 Exhibit 6 (FSI's Objections to Subpoena))(Gazzoli, John) (Entered: 08/18/2008) |
|
|
| 2008-08-21 |
230 |
0 |
|
ORDER - IT IS HEREBY ORDERED that the Jury Trial setting of 8/25/08 is vacated and all pending motions are denied without prejudice. IT IS FURTHER ORDERED that counsel shall file, within 30 days of the date of this order, a stipulation for dismissal, a motion for leave to voluntarily dismiss, or a proposed consent judgment. Failure to timely comply with this order shall result in the dismissal of this action with prejudice. ( Dismissal Paper(s) due by 9/21/2008.). Signed by Honorable Catherine D. Perry on 8/21/08. (BAK) (Entered: 08/21/2008) |
|
|
| 2008-09-22 |
231 |
0 |
|
Joint MOTION for Leave to File Stipulation of Dismisal Out of Time by Plaintiff Foam Supplies, Inc.. (Gazzoli, John) (Entered: 09/22/2008) |
|
|
| 2008-09-22 |
232 |
0 |
|
STIPULATION of Dismissal With Prejudice by Plaintiff Foam Supplies, Inc.. (Gazzoli, John) (Entered: 09/22/2008) |
|
|
| 2008-10-07 |
233 |
0 |
|
Joint MOTION to Return Sealed Documents by Defendant Dow Chemical Company, The. (Davis, Glenn) Modified on 10/8/2008 (MCB). (Entered: 10/07/2008) |
|
|
| 2008-10-08 |
234 |
0 |
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ORDER granting [233 Motion to Return Sealed Documents. IT IS HEREBY ORDERED that the Clerk shall return to the filing parties all documents filed under seal in this action, upon counsel's signature of a receipt itemizing the documents returned, which receipt shall be docketed and filed in the action. Counsel shall present a copy of this order to the Clerk when appearing to retrieve sealed documents. Signed by Honorable Catherine D. Perry on October 8, 2008. (MCB) (Entered: 10/08/2008) |
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| 2008-10-10 |
235 |
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RECEIPT FOR RETURN OF SEALED DOCUMENTS executed by Theresa Phelps for Plaintiff Foam Supplies, Inc.(KLH) (Entered: 10/10/2008) |
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| 2008-10-10 |
236 |
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RECEIPT FOR RETURN OF SEALED DOCUMENTS executed by Craig Moore for Defendant Dow Chemical Company, The. (KLH) (Entered: 10/10/2008) |
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