Case docket: Celebrity Cruises, et al v. Essef Corp., et al

Case details

Court:	nysd
Docket #:	1:96-cv-03135
Case Name:	Celebrity Cruises, et al v. Essef Corp., et al
PACER case #:	147971
Date filed:	1996-04-29
Date terminated:	2008-02-29
Assigned to:	Magistrate Judge James C. Francis
Case Cause:	28:1332 Diversity-Product Liability
Nature of Suit:	195 Contract Product Liability
Jury Demand:	None
Jurisdiction:	Diversity

Parties

Represented Party	Attorney & Contact Info
Celebrity Cruises, Inc. Plaintiff	Gregory O'Neil HILL, BETTS & NASH 99 Park Ave. 20th Flr. New York, NY 10016-1601 (212)839-7000 TERMINATED: 04/03/2002 LEAD ATTORNEY Gregory W. O'Neill Hill, Betts & Nash, LLP (NYC) One World Financial Center 200 Liberty Street 26th Floor New York, NY 10281-1003 (212)-589-7521 Fax: (212)-466-0514 Email: goneill@hillbetts.com LEAD ATTORNEY Mark M. Jaffe Hill Betts & Nash One World Trade Center, Suite 5215 New York, NY 10048 (212) 839-7000 Fax: (212) 466-0514 Email: mjaffe@hillbetts.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Teresa Reilly Hill, Betts & Nash, LLP (NYC) One World Financial Center 200 Liberty Street 26th Floor New York, NY 10281-1003 (212)-589-7553 Fax: (212)-466-0514 Email: mreilly@hillbetts.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Joshua Dan Weintraub 601 Brickell Key Drive Suite 500 Miami, FL 33131 (786) 425-9900 Fax: (786) 425-9090 ATTORNEY TO BE NOTICED
Fantasia Cruising, Inc. Plaintiff	Gregory O'Neil (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Gregory W. O'Neill (See above for address) LEAD ATTORNEY Mark M. Jaffe (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mary Teresa Reilly (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joshua Dan Weintraub (See above for address) ATTORNEY TO BE NOTICED
Essef Corp. Defendant	Jack Gross Goldberg & Associates 39 Broadway New York, NY 10006 212-308-5555 Email: jgross@chartwelllaw.com TERMINATED: 04/03/2002 LEAD ATTORNEY Jeffrey Chase Crawford Mound Cotton Wollan & Greengrass (NYC) One Battery Park Plaza 9th Floor New York, NY 10004 (212)-804-4269 Fax: (212)-344-8066 Email: jcrawford@moundcotton.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Renee M. Plessner Mound Cotton Wollan & Greengrass (NYC) One Battery Park Plaza 9th Floor New York, NY 10004 (516) 417-5700 LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver Squire, Sanders & Dempsey 4900 Society Center 127 Public Square Cleveland, OH 44114 (216) 479-8572 TERMINATED: 03/05/2004 LEAD ATTORNEY
Pac-Fab, Inc. Defendant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004 LEAD ATTORNEY Jeffrey Chase Crawford (See above for address) ATTORNEY TO BE NOTICED
Essef Manufacturing FSC, Inc. Defendant TERMINATED: 07/14/1999	Jack Gross (See above for address) TERMINATED: 07/14/1999 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004 LEAD ATTORNEY
SFC Defendant TERMINATED: 07/14/1999	Jack Gross (See above for address) TERMINATED: 07/14/1999 LEAD ATTORNEY Robin G. Weaver (See above for address) TERMINATED: 03/05/2004 LEAD ATTORNEY
Friedemann Minninger Defendant TERMINATED: 07/14/1999
Essef Corp. Counter Claimant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
Pac-Fab, Inc. Counter Claimant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
Essef Manufacturing FSC, Inc. Counter Claimant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
SFC Counter Claimant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
Celebrity Cruises, Inc. Counter Defendant	Gregory O'Neil (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Gregory W. O'Neill (See above for address)
Fantasia Cruising, Inc. Counter Defendant	Gregory O'Neil (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Gregory W. O'Neill (See above for address)
Essef Corp. Cross Claimant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
Pac-Fab, Inc. Cross Claimant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
Essef Manufacturing FSC, Inc. Cross Claimant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
SFC Cross Claimant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
Friedemann Minninger Cross Defendant
Essef Corp. ThirdParty Plaintiff	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
Essef Manufacturing FSC, Inc. ThirdParty Plaintiff	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
SFC ThirdParty Plaintiff	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
Meyer Werft ThirdParty Defendant TERMINATED: 10/29/1999	Nicholas Raymond Caputo Robinson Brog Leinwand Greene Genovese & Gluck PC 875 Third Avenue 9th Floor New York, NY 10022-6225 212 603-6300 Fax: 212 956-2164 Email: NRC@Robinsonbrog.com TERMINATED: 10/29/1999 LEAD ATTORNEY
Prominent Fluid Controls, Inc. ThirdParty Defendant	Harry P. Brett Wilson,Elser,Moskowitz,Edelman & Dicker LLP (NY) 150 East 42nd Street New York, NY 10017 212 490-3000 Fax: 212 490-3038 Email: bretth@wemed.com LEAD ATTORNEY
Fantasia Cruising, Inc. ThirdParty Defendant	Gregory W. O'Neill (See above for address) LEAD ATTORNEY Gregory W. O'Neill (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY
Speck-Pumpen ThirdParty Defendant TERMINATED: 04/27/1998	Steven M. Zweig Damon & Morey LLP 1000 Cathedral Place 298 Main Street Buffalo, NY 14202-4096 (716)856-5500 TERMINATED: 04/27/1998 LEAD ATTORNEY
Speck-Pumpen Cross Claimant TERMINATED: 04/27/1998	Steven M. Zweig (See above for address) TERMINATED: 04/27/1998 LEAD ATTORNEY
Meyer Werft Cross Defendant TERMINATED: 04/27/1998
Prominent Fluid Controls, Inc. Cross Defendant TERMINATED: 04/27/1998
Fantasia Cruising, Inc. Cross Defendant TERMINATED: 04/27/1998	Gregory W. O'Neill (See above for address)
Prominent Fluid Controls, Inc. Counter Claimant	Harry P. Brett (See above for address) LEAD ATTORNEY
Essef Corp. Counter Defendant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
Pac-Fab, Inc. Counter Defendant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
Essef Manufacturing FSC, Inc. Counter Defendant	Jack Gross (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Renee M. Plessner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robin G. Weaver (See above for address) TERMINATED: 03/05/2004
Speck-Pumpen Cross Claimant	Steven M. Zweig (See above for address) LEAD ATTORNEY
Meyer Werft Cross Defendant
Prominent Fluid Controls, Inc. Cross Defendant	Harry P. Brett (See above for address) LEAD ATTORNEY
Fantasia Cruising, Inc. Cross Defendant	Gregory W. O'Neill (See above for address) TERMINATED: 04/03/2002 LEAD ATTORNEY Gregory W. O'Neill (See above for address)
Structural Europe N.V. Defendant also known asSFC	Jeffrey Chase Crawford (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Renee M. Plessner Mound Cotton Wollan & Greengrass (NYC) One Battery Park Plaza 9th Floor New York, NY 10004 (212) 804-4230 Fax: (212) 344-8066 Email: Rplessner@moundcotton.com

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
1996-04-29	1	0		COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 260635 (ricm) (Entered: 04/30/1996)
1996-04-29	2	0		Rule 9 certificate filed by Celebrity Cruises, Fantasia Cruising (ricm) (Entered: 04/30/1996)
1996-06-10	3	0		Affidavit of service as to Essef Corp. by Nancy Troutman on 5/3/96 Answer due on 5/23/96 for Essef Corp. (cd) (Entered: 06/12/1996)
1996-06-25	4	0		Notice of reas _ to Judge Lawrence M. McKenna Copy of notice and judge's rules mailed to Attorney(s) of record: Gregory O'Neil . (sc) (Entered: 06/25/1996)
1996-06-27	5	0		REPLY by Celebrity Cruises, Fantasia Cruising to Counterclaim (kk) (Entered: 07/02/1996)
1996-09-30	6	0		ANSWER to Complaint by Essef Corp., Pac-Fab, Inc., Essef Manufacturing, SFC (Attorney Jack Gross), ; Firm of: Sedgwick, Detert, Moran, et al by attorney Jack Gross (ls) (Entered: 09/30/1996)
1996-09-30	7	0		Rule 9 certificate filed by Essef Corp., Pac-Fab, Inc., Essef Manufacturing, SFC (ls) (Entered: 09/30/1996)
1996-10-02	8	0		Clerk's Certificate of Mailing of summons and complaint for SFC, c/o Structural Europe N.V., Industriepark Wolfstee, B-2200 Herentals, Belgium by Registered Mail #R640159895 on 10/2/96. Returned on: (ae) Modified on 10/03/1996 (Entered: 10/03/1996)
1996-12-18	9	0		Affidavit of service as to SFC by Michael Liekens on 10/29/96 Answer due on 11/18/96 for SFC (cd) (Entered: 12/27/1996)
1997-05-08	10	0		THIRD-PARTY COMPLAINT by Essef Corp., Pac-Fab, Inc., Essef Manufacturing, SFC against Meyer Werft, Prominent Fluid Cont, Fantasia Cruising,, Speck-Pumpen ; Third-party summons issued. (ae) Modified on 05/12/1997 (Entered: 05/12/1997)
1997-06-10	11	0		Affidavit of service of second Third Party summons and complaint as to Prominent Fluid Cont upon Fran Perfett on 5/29/97. Answer due on 6/18/97 for Prominent Fluid Cont (djc) (Entered: 06/12/1997)
1997-06-10	12	0		Affidavit of service of Second Third Party summons and complaint as to Fantasia Cruising, upon Imaryn Villatoro on 5/30/97. Answer due on 6/19/97 for Fantasia Cruising, (djc) (Entered: 06/12/1997)
1997-07-22	13	0		STIPULATION and ORDER, reset answer for second third party complaint due for 7/18/97 for Speck-Pumpen ( signed by Magistrate Judge James C. Francis IV ). (kw) (Entered: 07/23/1997)
1997-07-21	14	0		ANSWER by Speck-Pumpen (Attorney Steven M. Zweig) to [10-1] third-party complaint (emil) (Entered: 07/24/1997)
1997-07-28	15	0		ANSWER by Fantasia Cruising, (Attorney Gregory W. O'Neill) to Second [10-1] third-party complaint. (djc) (Entered: 07/30/1997)
1997-08-05	16	0		ANSWER by Prominent Fluid Cont to [14-1] cross claim (ls) (Entered: 08/07/1997)
1997-08-05	17	0		ANSWER by Prominent Fluid Cont (Attorney Harry P. Brett) to [10-1] third-party complaint; Firm of: Wilson Elser, et al. by Attorney Harry P. Brett for third-party defendant Prominent Fluid Cont (ls) (Entered: 08/07/1997)
1997-08-05	18	0		Rule 9 certificate filed by Speck-Pumpen (ls) (Entered: 08/07/1997)
1997-08-08	19	0		AMENDED ANSWER by Speck-Pumpen to third party complaint: amends [14-1] third-party answer (lam) (Entered: 08/12/1997)
1997-08-08	20	0		Rule 1.9 certificate filed by Prominent Fluid Cont (lam) (Entered: 08/12/1997)
1997-08-14	21	0		Affidavit of service of the 3rd party complaint, 3rd party summons, and exhibit A Order to Appoint Special Process Server Letter to German Gov't Translations as to Speck-Pumpen by Karl-Stefan Dorr on 6/10/97. Answer due on 6/30/97 for Speck-Pumpen. (kw) (Entered: 08/19/1997)
1997-09-05	22	0		Affidavit of service as to Meyer Werft by Bernard Meyer on 7/4/97; Answer due on 7/24/97 for Meyer Werft (ae) (Entered: 09/11/1997)
1997-09-29	23	0		THIRD-PARTY ANSWER by Meyer Werft (Attorney Nicholas R. Caputo) to [10-1] third-party complaint. (ae) (Entered: 10/01/1997)
1997-10-02	24	0		Certificate of Corporation identification by Attorneys for Second Third-party Defendant Jos. L. Meyer GmBH & Co. (pl) (Entered: 10/06/1997)
1997-12-22	25	0		Notice of reassignment to Judge Barbara S. Jones. Copy of notice and judge's rules mailed to Attorney(s) of record: Gregory W. O'Neill, Harry P. Brett, Steven M. Zweig, Jack Gross, Nicholas R. Caputo, Gregory O'Neil. (bm) (Entered: 02/05/1998)
1998-04-27	26	0		STIPULATION of discontinuance of the action commenced by the defts/third-party pltffs, Essef Corp., Pac-Fab, Essef Manufacturing FSC, and SFC against the third-party deft Speck-Pumpen and any cross claims asserted by or against the third-party deft in the third-party action, shall be dismissed without prejudice, and without costs to any party as against the other ( signed by Judge Barbara S. Jones ) (lam) (Entered: 04/28/1998)
1999-03-31	27	0		NOTICE OF MOTION by Celebrity Cruises, Fantasia Cruising for leave to file an amended complaint, as well as amended cross-claims and/or third party complaints purs to Rule 15 of the FRCP . With affidavit in support by John F. Keating attached. Return date 4/23/99 @9:30 before Magistrate Judge Francis. (lam) (Entered: 04/06/1999)
1999-03-31	28	0		MEMORANDUM by Celebrity Cruises, Fantasia Cruising in support of [27-1] motion for leave to file an amended complaint, as well as amended cross-claims and/or third party complaints purs to Rule 15 of the FRCP (lam) (Entered: 04/06/1999)
1999-05-12	29	0		REPLY MEMORANDUM by Celebrity Cruises re: in support of [27-1] motion for leave to file an amended complaint, as well as amended cross-claims and/or third party complaints purs to Rule 15 of the FRCP (lam) (Entered: 05/17/1999)
1999-07-14	30	0		AMENDED COMPLAINT by Celebrity Cruises, Fantasia Cruising (Answer due 7/27/99 for Essef Corp., for Pac-Fab, Inc. ) amending [1-1] complaint against Structural Europe N.; Summons issued. (lam) (Entered: 07/19/1999)
2000-02-16	31	0		CONSENT TO TRIAL/PROCEED BEFORE UNITED STATES MAGISTRATE JUDGE. CASE ASSIGNED to Magistrate Judge Henry B. Pitman. ( signed Judge Barbara S. Jones ) (document received on 2/28/00) (kw) (Entered: 02/28/2000)
2000-02-28	32	0		CONSENT TO TRIAL/PROCEED BEFORE UNITED STATES MAGISTRATE JUDGE; (Case No Longer Referred to Magistrate Judge); CASE ASSIGNED to Magistrate Judge Henry B. Pitman ( signed by Judge Barbara S. Jones ) (lam) (Entered: 03/01/2000)
2002-03-14	33	0		MEMORANDUM; that this case is being held in abeyance pending appeal of a related case; in addition, litigation will not resume until the plaintiffs reconstruct their files, which were lost in the World Trade Center; therefore this case is placed on the suspense calendar. ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (kkc) (Entered: 03/15/2002)
2002-03-26	34	0		INTERLOCUTORY JUDGMENT AND DECREE IN ADMIRALTY; it is ordered, adjudged and decreed that Celebrity recover of and from Essef the compesatory damages sustained by Celebrity in consequence of the matter referred to in the Complaint, together with interest and costs. This action is retained by the Hon. Judge Francis to hear proofs as to Celebrity's damages herein. ( signed by Magistrate Judge James C. Francis IV ); Mailed copies and notice of right to appeal. Entered On Docket: 3/27/02. (sac) (Entered: 03/27/2002)
2002-04-03	35	0		ORDER, The Docketing Department is directed to edit the docket sheet as follows: 1. Counsel for plaintiffs should be changed from Gregory O'Neill to Gregory W. O'Neill. His address should be changed to: 99 Park Avenue, New York, NY 10016. His firm Hill, Betts & Nash, and telephone number, 839-7000, are the same. 2. All references to Jack Gross, Esq., former counsel to Essef Corp., Pac-Fab, Inc., Essef Manufacturing FSC, Inc., and SFC should be replaced with: Robin G. Weaver, Squire Sanders & Dempsey, 4900 Society Center, 127 Public Square, Cleveland, Ohio 44114, (216) 479-8572 . ( signed by Magistrate Judge James C. Francis IV ); Copies mailed. (sb) (Entered: 04/09/2002)
2003-07-17	36	0		ORDER, this case is removed from the suspense calendar and restored to the Court's active calendar , all fact discovery shall be completed within 6 months of the issuance of a mandate by the Second Circuit In re Horizon Cruise Litigation, 94cv5270, 94cv6147, 95cv0374, and the related cases. All expert discovery shall be completed 9 weeks after the close of fact discovery , plaintiffs shall produce any expert reports 3 weeks after the close of fact discovery. Defendants shall produce any expert reports 6 weeks after the case of fact discovery. The pretrial order shall be submitted one month after the completion of expert discovery unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due one month after the motion is decided . ( signed by Magistrate Judge James C. Francis IV ); Copies mailed by Chambers. (yv) (Entered: 07/17/2003)
2004-03-05	37	0		CONSENT TO change attorney. Mound Cotton Wollan & Greengrass are substituted as attorneys of record for dfts Essef Corp., PAC FAB, Essef Mfg. and SFC in this action in the place and stead of Squire, Sanders & Dempsey as of the date hereof. Document filed by Essef Corp., Essef Manufacturing FSC, Inc., Pac-Fab, Inc., SFC.(dle, ) (Entered: 03/09/2004)
2004-05-26	38	0		REVISED ORDER: The Scheduling Order entered on 7/17/03 providing for the restoration of this case to the Courts active calendar is herein amended. All fact discovery due by 11/12/2004. All expert discovery due nine weeks after close of fact discovery. All other deadlines are set accordingly. (Signed by Judge James C. Francis on 5/25/04) Copies Mailed By Chambers.(tp, ) (Entered: 05/26/2004)
2004-07-21	39	0		MOTION for an order, pursuant to Rule 15(a)&(d), to amend and supplement their original Amended Complaint dated 7/14/99. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (sac, ) (Entered: 07/23/2004)
2004-07-21	40	0		MEMORANDUM OF LAW in Support re: 39 MOTION for an order, pursuant to Rule 15(a)&(d), to amend and supplement their original Amended Complaint dated 7/14/99. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (sac, ) (Entered: 07/23/2004)
2004-07-21	41	0		DECLARATION of Mark M. Jaffe in Support re: 39 MOTION for an order, pursuant to Rule 15(a)&(d), to amend and supplement their original Amended Complaint dated 7/14/99. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (sac, ) (Entered: 07/23/2004)
2004-07-30	42	0		ENDORSED LETTER addressed to Mag. Judge Francis from Mark M. Jaffe dated 07/27/04 re: opposition papers due 08/20/04; reply papers due 09/03/04. (Signed by Judge James C. Francis on 7/30/04) (djc, ) (Entered: 08/03/2004)
2004-08-18	43	0		CONFIDENTIALITY STIPULATION AND ORDER; regarding procedures that shall govern the handling of confidential documents during the course of these proceedings. (Signed by Judge James C. Francis on 8/18/04) (djc, ) (Entered: 08/20/2004)
2004-08-23	45	0		MEMORANDUM OF LAW in Opposition re: 39 MOTION to Amend/Correct.. Document filed by Essef Corp., Pac-Fab, Inc., Structural Europe N.V.. (jmi, ) (Entered: 08/25/2004)
2004-08-30	46	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from James M. Hazen dated 8/26/04 re: request that the Court grant us permission to file a 20-page reply memorandum to our motion to amend and supplement the complaint (due 9/3/04), so that we may adequately respond to Defendants' opposition memorandum. Application denied. (Signed by Judge James C. Francis on 8/30/04) (dfe, ) (Entered: 08/31/2004)
2004-09-03	47	0		REPLY MEMORANDUM OF LAW in Support re: 39 MOTION to Amend/Correct.. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (dle, ) (Entered: 09/10/2004)
2004-09-03	48	0		DECLARATION of Mark M. Jaffe in Support re: 39 MOTION to Amend/Correct.. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (dle, ) (Entered: 09/10/2004)
2004-10-25	49	0		ORDER (REVISED); that the Scheduling order entered on 5/25/04 is herein amended; all fact discovery shall be completed by 2/28/05; plaintiffs shall produce any expert reports by 3/18/05; dfts shall produce any expert reports by 4/8/05; all expert discovery shall be completed by 4/29/05. No further extensions will be permitted. (Signed by Judge James C. Francis on 10/25/04) Copies Mailed By Chambers.(pl, ) Modified on 10/27/2004 (pl, ). (Entered: 10/27/2004)
2004-11-16	50	0		MEMORANDUM AND ORDER granting 39 Motion to Amend/Correct . (Signed by Judge James C. Francis on 11/15/04) Copies mailed by Chambers.(yv, ) (Entered: 11/17/2004)
2004-11-18	51	0		AMENDED COMPLAINT amending 1 Complaint against Essef Corp., Structural Europe N.V. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc. Related document: 1 Complaint.(moc, ) (Entered: 11/22/2004)
2004-11-24	52	0		ANSWER to Amended Complaint. Document filed by Essef Corp., Pac-Fab, Inc., Structural Europe N.V. Related document: 51 Amended Complaint filed by Fantasia Cruising, Inc., Celebrity Cruises, Inc.(cd, ) (Entered: 11/29/2004)
2004-12-23	53	0		REVISEDSCHEDULING ORDER: Discovery due by 5/30/2005. Rule 26 Meeting Report due by 5/9/2005. Pre-trial order shall be submitted one month after the completion of expert discovery unless a dispositive motion is filed by that date. (Signed by Judge James C. Francis on 12/22/2004) (jsa, ) (Entered: 12/28/2004)
2005-03-21	54	0		SCHEDULING ORDER:the scheduling order entered on 12/22/04 is amended as follows: all fact discovery shall be completed by 4/29/05; plaintiffs shall produce any expert reports by 5/18/05; dfts shall produce any expert reports by 6/9/05; all expert discovery shall be completed 6/30/05. (Signed by Judge James C. Francis on 3/18/05) (dle, ) (Entered: 03/23/2005)
2005-04-15	55	0		ENDORSED LETTER addressed to Magistrate Judge Francis IV from Mark M. Jaffe dated 4/14/2005 re: Celebrity request for an order pursuant to Rule 26 9(c) of the Federal Rules of Civil Procedure. Application denied. (Signed by Judge James C. Francis on 4/14/2005) (jsa, ) Modified on 4/19/2005 (jsa, ). (Entered: 04/19/2005)
2005-04-15	56	0		ENDORSED LETTER addressed to Magistrate Judge Francis IV from Renee Plessner re:Defendants Essef Corp, PAC-FAB, Inc and Structural Europe N.V. opposition letter to plaintiff's April 13, 2005 letter requesting a protective order. The Court grants the defendant's application. Ms.Buford's deposition shall proceed in Iowa. Essef shall pay the cost of the round - trip coach airfare for Mr. Agrgyrpolous and the cost of travel for one of Celebrity's attorneys to attend the Buford deposition unless the parties agree to conduct those depositions telephonically. (Signed by Judge James C. Francis on 4/14/2005) (jsa, ) (Entered: 04/19/2005)
2005-06-08	57	0		LETTER addressed to Judge Francis from Mark M. Jaffe dated 5/26/05 re: response to the letter from Essef's counsel dated 5/24/05 which seeks a 5th extension of the scheduling order. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.(yv, ) (Entered: 06/13/2005)
2005-06-08	58	0		LETTER addressed to Magistrate Judge Francis from Renee M. Plessner dated 6/1/05 re: reply to Celebrity's 5/26/05 letter to the Court. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.(yv, ) (Entered: 06/13/2005)
2005-06-08	59	0		LETTER addressed to Magistrate Judge Francis from Renee M. Plessner dated 6/3/05 re: reply to Celebrity's 6/3/05 letter to the Court. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.(yv, ) (Entered: 06/13/2005)
2005-06-08	60	0		LETTER addressed to Judge Francis from Mark M. Jaffe dated 6/3/05 re: response to Essef's counsel's letter of 6/1/05. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.(yv, ) (Entered: 06/13/2005)
2005-06-08	61	0		LETTER addressed to Magistrate Judge Francis from Renee Plessner dated 5/24/05 re: request for a modification of the scheduling order entered on 3/18/05. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.(yv, ) (Entered: 06/13/2005)
2005-06-08	62	0		ORDER: defendants' expert reports shall be submitted by 6/30/05; all expert discovery shall be completed by 7/29/05; the pretrial order shall be submitted by 8/31/05 unless any dispositive motion is filed by that date. If such a motion is filed, the pretrial order shall be due thirty days after the motion is decided. There shall be no extensions of this schedule under any circumstances. (Signed by Judge James C. Francis on 6/7/05) Copies Mailed By Chambers.(kw, ) (Entered: 06/13/2005)
2005-08-09	63	0		ENDORSED LETTER addressed to Mag. Judge James C. Francis IV from Renee Plessner dated 8/3/05 re: application granted. Plaintiffs may submit an answering memorandum of similar length. (Signed by Judge James C. Francis on 8/8/05) (pl, ) (Entered: 08/11/2005)
2005-08-12	64	0		ENDORSED LETTER addressed to Mag. Judge Francis from Mark M. Jaffe dated 8/10/05 re: counsel requests that the Court approve a briefing schedule and page limits that counsel for both sides have agreed to with respect to dispositive motions that both sides intend to file on Augut 31, 2005. Plaintiffs and defendants will file their respective motions by 08/31/05; each side will file its opposition papers by 10/14/05; each side will file its reply papers by 11/4/05. Memoranda in support of and in opposition to the motions will be limited to 40 pages, and reply memoranda will be limited to 20 pages...; Application granted.. (Signed by Judge James C. Francis on 8/12/05) (djc, ) (Entered: 08/16/2005)
2005-08-31	70	0		MOTION for Partial Summary Judgment pursuant to Federal Rules of Civil Procedure 56, granting Celebrity partial summary judgement against defendants (collectively "Essef") [Attached is plaintiffs' Statement Of Material Facts Not In Dispute Pursuant to Local Rule 56.1] Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. Responses due by 10/14/2005 (rw, ) (Entered: 09/01/2005)
2005-08-31	71	0		MEMORANDUM OF LAW in Support re: 70 MOTION for Partial Summary Judgment against defendants (collectively "Essef"). Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc. (rw, ) (Entered: 09/01/2005)
2005-08-31	72	0		DECLARATION of JAMES M. HAZEN in Support re: 70 MOTION for Partial Summary Judgment. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc. (rw, ) (Entered: 09/01/2005)
2005-08-31	73	0		MOTION for Partial Summary Judgment as set forth in this motion.Attached is affidavit of Jeffrey C. Crawford Document filed by Essef Corp., Pac-Fab, Inc and Structural Europe N.V.. (djc, ) Modified on 9/2/2005 (djc, ). (Entered: 09/02/2005)
2005-08-31	74	0		MEMORANDUM OF LAW in Support re: 73 MOTION for Partial Summary Judgment Document filed by Essef Corp.. (djc, ) (Entered: 09/02/2005)
2005-08-31	75	0		RULE 56.1 STATEMENT. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 09/02/2005)
2005-10-14	76	0		MEMORANDUM OF LAW in Opposition re: 73 MOTION for Partial Summary Judgment. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc. (jco, ) (Entered: 10/17/2005)
2005-10-14	77	0		DECLARATION of Elizabeth A. McCoy in Opposition re: 73 MOTION for Partial Summary Judgment. Exhibits attached. (jco, ) (Entered: 10/17/2005)
2005-10-14	78	0		DECLARATION of Ares M. Michaelides re: 74 Memorandum of Law in Support of Motion. (jco, ) (Entered: 10/17/2005)
2005-10-14	79	0		DECLARATION of Pamela M. O'Neill. (jco, ) (Entered: 10/17/2005)
2005-10-14	80	0		DECLARATION of James L. Winchester. (jco, ) (Entered: 10/17/2005)
2005-10-14	81	0		DECLARATION of Mario De Armas. (jco, ) (Entered: 10/17/2005)
2005-10-14	82	0		DECLARATION of Alan Carus. (jco, ) (Entered: 10/17/2005)
2005-10-14	83	0		COUNTER STATEMENT TO 75 Rule 56.1 Statement. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc. (jco, ) (Entered: 10/17/2005)
2005-10-14	84	0		MEMORANDUM OF LAW in Opposition re: 70 MOTION for Partial Summary Judgment. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (jco, ) (Entered: 10/17/2005)
2005-10-14	85	0		RULE 56.1 STATEMENT. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (jco, ) (Entered: 10/17/2005)
2005-11-04	86	0		REPLY MEMORANDUM OF LAW in Further Support re: 70 MOTION for Partial Summary Judgment.. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (djc, ) (Entered: 11/07/2005)
2005-11-04	87	0		RESPONSE to ESSEF's Rule 56.1 Statement. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (djc, ) (Entered: 11/07/2005)
2005-11-04	88	0		DECLARATION of Martin Turner. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (djc, ) (Entered: 11/07/2005)
2005-11-04	89	0		REPLY DECLARATION/AFFIDAVIT of James M. Hazen in Support re: 70 MOTION for Partial Summary Judgment.. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (djc, ) (Entered: 11/07/2005)
2005-11-04	90	0		DECLARATION of Kenneth F. McGinis in Support re: 70 MOTION for Partial Summary Judgment. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (djc, ) (Entered: 11/07/2005)
2005-11-04	91	0		RULE 56.1 REPLY STATEMENT of Undisputed Facts of Defendants as to which there are no issues to be tried. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 11/07/2005)
2005-11-04	92	0		REPLY MEMORANDUM OF LAW in Support re: 73 MOTION for Partial Summary Judgment.. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 11/07/2005)
2005-11-04	93	0		REPLY AFFIDAVIT of Jeffrey C. Crawford, Esq. in Further Support re: 73 MOTION for Partial Summary Judgment.. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 11/07/2005)
2005-12-22	94	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Renee Plessner dated 12/14/2005 re: to request, with the consent of Plaintiffs' counsel, that the Court approve the following proposed briefing schedule. Moving paperd due by 2/3/2005 Responses due by 3/3/2006 Replies due by 3/17/2006. ENDORSEMENT: Application granted. In addition trial will commence April 24,2006 and shall be completed within three weeks. So Ordered (Signed by Judge James C. Francis on 12/21/2005) (jmi, ) (Entered: 12/23/2005)
2005-12-23	95	0		MEMORANDUM & ORDER denying 70 MOTION for Partial Summary Judgment. filed by Fantasia Cruising, Inc. Celebrity Cruises, Inc. Essef's motion for partieal summary judgment precluding Celebrity from introducing evidence of certain lost profits and diminished enterprise value is denied without prejudice to its being renewed following determination of the Daubert motions. (Signed by Judge James C. Francis on 12/23/05) copies sent by chambers(cd, ) (Entered: 12/27/2005)
2006-01-10	96	0		TRANSCRIPT of proceedings held on December 9, 2005 before Judge James C. Francis. (djc, ) (Entered: 01/12/2006)
2006-01-27	97	0		LETTER addressed to Magistrate Judge James C. Francis IV from Mark M. Jaffe dated 1/20/2006 re: to write in response to the January 20,2006 letter from Essf's Counsel, Renee Plessner, concering Bryan Browning of Valuation Research Corporation. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc..(jmi, ) (Entered: 01/30/2006)
2006-01-27	98	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Renee M. Plessner dated 1/19/06 re: Application DENIED. Celebrity has represented that Mr. Browning will provide evidence only with respect to Daubert motions and not for summary judgment or trial. Essef will have the opportunity in the briefing process to respond to any points that he raises. (Signed by Judge James C. Francis on 1/27/06) (db, ) (Entered: 01/30/2006)
2006-02-03	99	0		MOTION for an order, precluding the introduction of the expert reports or any testimony at the trial of this action of the following alleged causation expert witnesses: Pamela O'Neill, James Winchester and Nelson Fellman. Document filed by Structural Europe N.V., Essef Corp.. Declaration of Renee M. Plessner in support attached. (sac, ) (Entered: 02/06/2006)
2006-02-03	100	0		MEMORANDUM OF LAW in Support re: 99 MOTION for an order, precluding the introduction of the expert reports or any testimony at the trial of this action of the following alleged causation expert witnesses: Pamela O'Neill, James Winchester and Nelson Fellman. Document filed by Structural Europe N.V., Essef Corp.. (sac, ) (Entered: 02/06/2006)
2006-02-03	101	0		EXHIBITS Volume 1-11. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	102	0		Volume II of VI EXHIBITS 12-13. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	103	0		Volume III of VI EXHIBITS 14-23. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	104	0		Volume IV of VI EXHIBITS 24-29. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	105	0		Volume V of VI EXHIBITS 30-31. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	106	0		Volume VI of VI EXHIBITS 32-34. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	107	0		Volume VIII of VIII EXHIBITS 45-47. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	108	0		MOTION for an order, precluding the introduction of the expert reports and any testimony at the trial of this action of the following non-causation expert witnesses: John Kilpatrick, Robert Schweihs, David Lasater and Allen Pfeiffer. Document filed by Structural Europe N.V., Essef Corp.. Declaration of Jeffrey C. Crawford in support attached.(sac, ) (Entered: 02/06/2006)
2006-02-03	109	0		MEMORANDUM OF LAW in Support re: 108 MOTION for an order, precluding the introduction of the expert reports and any testimony at the trial of this action of the following non-causation expert witnesses: John Kilpatrick, Robert Schweihs, David Lasater and Allen Pfeiffer. Document filed by Structural Europe N.V., Essef Corp.. (sac, ) (Entered: 02/06/2006)
2006-02-03	110	0		VOLUME I of VIII EXHIBITS 1-11. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	111	0		VOLUME II of VIII EXHIBITS 12-18. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	112	0		VOLUME III of VIII EXHIBITS 19. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	113	0		VOLUME IV of VIII EXHIBITS 20-27. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	114	0		VOLUME V of VIII EXHIBITS 28-36. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	115	0		VOLUME VI of VIII EXHIBITS 37-41. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-03	116	0		VOLUME VII of VIII EXHIBITS 42-44. Document filed by Structural Europe N.V., Essef Corp..(sac, ) (Entered: 02/06/2006)
2006-02-17	117	0		MOTION to Strike Document No. [Defendants' Expert Reports and Testimony]. Document filed by Fantasia Cruising, Inc.. (jmi, ) (Entered: 02/22/2006)
2006-02-17	118	0		DECLARATION of Cyril J. Hopkins. Document filed by Celebrity Cruises, Inc.. (jmi, ) (Entered: 02/22/2006)
2006-02-17	119	0		DECLARATION of David B. Lasater. (jmi, ) (Entered: 02/22/2006)
2006-02-17	120	0		CELEBRITY'S MEMORANDUM OF LAW in Support re: 117 MOTION to Strike Document No. [Defendants' Expert Reports and Testimony].. Document filed by Celebrity Cruises, Inc.. (jmi, ) (Entered: 02/22/2006)
2006-02-17	121	0		DECLARATION of Mark M. Jaffe in Support re: 117 MOTION to Strike Document No. [Defendants' Expert Reports and Testimony].. Document filed by Celebrity Cruises, Inc.. (jmi, ) (Entered: 02/22/2006)
2006-02-17	122	0		DECLARATION of Bryan H. Browning. Document filed by Celebrity Cruises, Inc.. (jmi, ) (Entered: 02/22/2006)
2006-03-03	123	0		MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion to Preclude the Testimony and Reports of defendants' expert witnesses: Joseph E. Obermeyer, Jeffrey L. Baliban and Frederick C. Dunbar. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (db, ) (Entered: 03/06/2006)
2006-03-03	124	0		DECLARATION of Todd A. Bakal in Opposition to Plaintiffs' Motion to Preclude the Testimony and Reports of defendants' expert witnesses: Joseph E. Obermeyer, Jeffrey L. Baliban and Frederick C. Dunbar. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (db, ) (Entered: 03/06/2006)
2006-03-03	125	0		DECLARATION of Frederick C. Dunbar. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (db, ) (Entered: 03/06/2006)
2006-03-03	126	0		DECLARATION of Jeffrey L. Baliban. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.(db, ) (Entered: 03/06/2006)
2006-03-03	127	0		DECLARATION of Joseph E. Obermeyer. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (db, ) (Entered: 03/06/2006)
2006-03-03	128	0		MEMORANDUM OF LAW in Opposition re: 117 MOTION to Strike Document No. [Defendants' Expert Reports and Testimony]. Document filed by Celebrity Cruises, Inc. (cd, ) (Entered: 03/06/2006)
2006-03-03	129	0		DECLARATION of James Winchester in Opposition re: 117 MOTION to Strike Document No. [Defendants' Expert Reports and Testimony].. Document filed by Celebrity Cruises, Inc.. (cd, ). (Entered: 03/06/2006)
2006-03-03	130	0		DECLARATION of Robert Schweighs in Opposition re: 117 MOTION to Strike Document No. [Defendants' Expert Reports and Testimony].. Document filed by Celebrity Cruises, Inc.. (cd, ). (Entered: 03/06/2006)
2006-03-03	131	0		DECLARATION of Allan Pfeiffer in Opposition re: 117 MOTION to Strike Document No. [Defendants' Expert Reports and Testimony].. Document filed by Celebrity Cruises, Inc.. (cd, ). (Entered: 03/06/2006)
2006-03-03	132	0		DECLARATION of Pamela O'Neill in Opposition re: 117 MOTION to Strike Document No. [Defendants' Expert Reports and Testimony].. Document filed by Celebrity Cruises, Inc.. (cd, ) (Entered: 03/06/2006)
2006-03-03	133	0		DECLARATION of David Lasater in Opposition re: 117 MOTION to Strike Document No. [Defendants' Expert Reports and Testimony].. Document filed by Celebrity Cruises, Inc.. (cd, ) (Entered: 03/06/2006)
2006-03-03	134	0		DECLARATION of Mark Jaffe in Opposition re: 117 MOTION to Strike Document No. [Defendants' Expert Reports and Testimony]; (attached are exhibits in support) Document filed by Celebrity Cruises, Inc.. (cd, ) (Entered: 03/06/2006)
2006-03-06	135	0		ENDORSED LETTER addressed to Judge James C. Francis from Hill, Betts & Nash LLP. dated 3/3/06 re: The parties have agreed as to the preparation of the Pretrial Order as follows: March 27th by 5 p.m. plaintiffs shall provide defendants with their portion of the pre trial order, April 3rd by 5 p.m. defendants shall provide plaintiffs with their portion of the pretrial order, on April 6th by 5 p.m. the parties shall exchange proposed stipulations of fact of law, and on April 7th the parties shall hold a conference call concerning proposed stipulations of fact and law and objections to trial exhibits and deposition designations.ENDORSEMENT: Application GRANTED. So Ordered. (Signed by Judge James C. Francis on 3/3/06) (js, ) (Entered: 03/07/2006)
2006-03-17	136	0		REPLY MEMORANDUM OF LAW in Support re: 117 MOTION to Strike Document No. [Defendants' Expert Reports and Testimony]. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc. (db, ) (Entered: 03/20/2006)
2006-03-17	137	0		REPLY DECLARATION of Mark M. Jaffe in Support re: 117 MOTION to Strike Document No. [Defendants' Expert Reports and Testimony]. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc. (db, ) (Entered: 03/20/2006)
2006-03-17	138	0		DECLARATION of Cyril J. Hopkins. Document filed by Celebrity Cruises, Inc. (db, ) (Entered: 03/20/2006)
2006-03-17	139	0		DECLARATION of David B. Lasater in response to declaration of Joseph E. Obermeyer's in opposition to motion to strike. (db, ) (Entered: 03/20/2006)
2006-03-17	140	0		DECLARATION of Bryan H. Browning in response to declaration of Joseph E. Obermeyer's in opposition to motion to strike. (db, ) (Entered: 03/20/2006)
2006-03-17	141	0		REPLY MEMORANDUM OF LAW in Support re: 108 MOTION for an order, precluding the introduction of the expert reports and any testimony at the trial of this action of the following non-causation expert witnesses: John Kilpatrick, Robert Schweihs, David Lasater and Allen Pfeiffer. Document filed by Structural Europe N.V., Essef Corp.. Declaration of Jeffrey C. Crawford in support attached. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (sac, ) (Entered: 03/20/2006)
2006-03-17	142	0		REPLY DECLARATION of Jeffrey C. Crawford in Support re: 108 MOTION for an order, precluding the introduction of the expert reports and any testimony at the trial of this action of the following non-causation expert witnesses: John Kilpatrick, Robert Schweihs, David Lasater and Allen Pfeiffer. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (sac, ) (Entered: 03/20/2006)
2006-03-17	143	0		REPLY DECLARATION of Joseph Obermeyer to preclude Celebrity's Non-Causation Experts. (sac, ) (Entered: 03/20/2006)
2006-03-17	144	0		REPLY DECLARATION of Joseph E. Obermeyer to preclude Celebrity's Causation Experts. (sac, ) (Entered: 03/20/2006)
2006-03-17	145	0		REPLY MEMORANDUM OF LAW in Further Support re: 99 MOTION for an order, precluding the introduction of the expert reports or any testimony at the trial of this action of the following alleged causation expert witnesses: Pamela O'Neill, James Winchester and Nelson Fellman. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (sac, ) (Entered: 03/20/2006)
2006-03-17	146	0		DECLARATION of Renee M. Plessner in Support re: 99 MOTION for an order, precluding the introduction of the expert reports or any testimony at the trial of this action of the following alleged causation expert witnesses: Pamela O'Neill, James Winchester and Nelson Fellman. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (sac, ) (Entered: 03/20/2006)
2006-03-17	147	0		REPLY DECLARATION of Frederick C. Dunbar to preclude causation experts. (sac, ) (Entered: 03/20/2006)
2006-03-17	148	0		REPLY DECLARATION of Jeffrey L. Baliban to preclude causation experts. (sac, ) (Entered: 03/20/2006)
2006-03-17	149	0		REPLY DECLARATION of Frederick C. Dunbar to preclude non-causation experts. (sac, ) (Entered: 03/20/2006)
2006-03-17	150	0		REPLY DECLARATION of Jeffrey L. Baliban to preclude non-causation experts. (sac, ) (Entered: 03/20/2006)
2006-05-09	151	0		TRANSCRIPT of proceedings held on 4/24,25,26,27,28/2006 before Judge James C. Francis. (jar, ) (Entered: 05/09/2006)
2006-05-12	152	0		MEMORANDUM AND ORDER; for the reasons stated herein, Essef's motion to preclude Celebrity's experts is granted to the extent that the opinions of Nelson M. Fellman, James L. Winchester, Pamela M. O'Neill, David B. Lasater, and Allen Pfeiffer shall not be admitted; it is denied to the extent that Robert P. Schweihs may testify at trial and that Bryan H. Browning's evidence has been considered in connection with the pending motions. Celebrity's motion to preclude Essef's experts is granted to the extent that none of them may testify regarding legal entitlement to lost enterprise value damages, Joseph E. Obermeyer may not present his independent analysis of lost profits, and Frederick C. Dunbar may not testify concerning stigma or brand restoration; otherwise, Celebrity's motion is denied. Motions terminated: 99 MOTION to Preclude. filed by Essef Corp.,, Structural Europe N.V.,, 108 MOTION to Preclude. filed by Essef Corp.,, Structural Europe N.V.,. (Signed by Judge James C. Francis on 5/12/06) (sac, ) (Entered: 05/12/2006)
2006-05-30	153	0		MOTION in Limine re anticipated evidentiary problems at trial. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc. (cd, ) (Entered: 05/30/2006)
2006-05-26	154	0		Plaintiffs' Proposed Jury Instructions.(cd, ) (Entered: 05/30/2006)
2006-05-26	155	0		PLAINTIFFS' PROPOSED VOIR DIRE QUESTIONS.(cd, ) (Entered: 05/30/2006)
2006-05-26	156	0		PROPOSED VOIR DIRE QUESTIONS. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc..(cd, ) (Entered: 05/30/2006)
2006-05-30	157	0		MOTION Precluding plaintiffs from retrying the liability phase of the trial; Motion precluding plaintiffs from using at trial,.. those portions on Pentair's 10-K Statement...; Motion precluding plaintiffs from making any reference at trial to the events of Sept. 11, 2001...; Motion precluding plaintiffs from offering at trial the testimony of Celebrity's expert witness Robert P. Schweihs...; Motion precluding plaintiffs from offering at trial the analayses and testimony of Celebrity's undisclosed expert Cyril J. Hopkins; Motion precluding plaintiffs from offering at trial the testimony of Ares Michaelides...; Motion precluding plaintiffs from offering any evidence at trial that pre-dates the fourth quarter of 19992--....;. Document filed by Essef Corp.. (djc, ) (Entered: 06/01/2006)
2006-05-30	158	0		Defendants' Proposed VOIR DIRE QUESTIONS.(djc, ) (Entered: 06/01/2006)
2006-05-30	159	0		Proposed Jury Charges Submitted on Behalf of Essef Corp., PAC-FAB, Inc and Structural Europe N.V. (f/n/a/ SFC) (djc, ) (Entered: 06/01/2006)
2006-05-30	160	0		MEMORANDUM OF LAW in Support of Defendants' Motion in Limine NO. 1( to Preclude Celebrity Form Retrying the Liability Phase of the Trial). Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-05-30	161	0		MEMORANDUM OF LAW in Support re: 157 MOTION to Preclude ((to Preclude a Portion of Pentair's 10-K Statement). Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-05-30	162	0		MEMORANDUM OF LAW in Support re: 157 MOTION to Preclude (To preclude any Reference to the Events of September 11, 2001 or Defendants' Inability to Produce Plaintiffs Documents Back to Them). Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-05-30	163	0		MEMORANDUM OF LAW in Support re: 157 MOTION to Preclude. (To Preclude the Expert Testimony of Robert P. Schweihs in Reliance on Information Obtained from Markos Foros and Other Celebrity Management and to Preclude the Use of the Summary Horizon Case Data). Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-05-30	164	0		MEMORANDUM OF LAW in Support re: 157 MOTION to Preclude. (To Preclude Celebrity's Undisclosed Expert Cyril J. Hopkins); Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-05-30	165	0		MEMORANDUM OF LAW in Support re: 157 MOTION to Preclude. (To Preclude the Testimony of Ares Michaelides concernig His OCtober 11, 2005 Declaration, Summary Calculation, and Estimate of Celebrity's Alleged Lost Profits) Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-05-30	166	0		MEMORANDUM OF LAW in Support re: 157 MOTION to Preclude. (To preclude any mention of "The Chandris Story" or Any events Prior to the Commencement of Operations of Celebrity Cruise Lines) Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-05-30	167	0		DECLARATION of Douglas Eisenstein in Support of Motions in Limine Nos. 1,2,3, and 7. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-05-30	168	0		DECLARATION of Kenneth R. Lange in Support of Motion in Limine No. 4. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-05-30	169	0		DECLARATION of Todd A Bakal in Support of Motion in Limine No. 5. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-05-30	170	0		DECLARATION of Joseph E. Obermeyer in Support of Defendant's Motion in Limine No. 5. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-05-30	171	0		DECLARATION of Kenneth R. Lange in Supportof Motion in Limine No. 6. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc, ) (Entered: 06/01/2006)
2006-06-02	172	0		JOINT PRE-TRIAL ORDER. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc., Structural Europe N.V., Essef Corp.(rw, ) (Entered: 06/02/2006)
2006-06-02	173	0		MEMORANDUM OF LAW in Opposition to Essef's Supplemental Motion for Partial Summary Judgment; Document filed by Celebrity Cruises, Inc. (document received in night dep. on 6/2/06 at 6:01 p.m.) (djc, ) Modified on 6/6/2006 (djc, ). (Entered: 06/06/2006)
2006-06-06	174	0		ENDORSED LETTER addressed to Judge James C. Francis from Renee M. Plessner dated 6/5/06 re: Celebrity shall provide its current best estimates by close of business tomorrow, June 7, 2006. I appreciate that these estimates may change based on my rulings on the motions for summary judgment and in limine. Essef shall then provide its current best estimates by noon on 6/9/2006. SO ORDERED. (Signed by Judge James C. Francis on 6/6/06) (kco, ) (Entered: 06/07/2006)
2006-06-06	175	0		MOTION for an order barring Defendants from identifying or introducing into evidence certain documents listed as Defendants' Exhibits in the Pretrial Order. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (djc, ) (Entered: 06/07/2006)
2006-06-06	176	0		SUPPLEMENTAL DECLARATION of Todd Bakal in Support re: 157 MOTION to Preclude.. Document filed by Essef Corp., Pac-Fab, Inc.. (cd, ) (Entered: 06/07/2006)
2006-06-09	177	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Gregory O'Neil dated 6/5/2006 re: to rquest that the Cpurt hold a pre-motion conference or permit Celebrity to move to quesh the subpoena served upon Mr. Alixsanyan. ENDORSEMENT: The subpoena is qushed. So Ordered. (Signed by Judge James C. Francis on 6/8/2006) (jmi, ) (Entered: 06/12/2006)
2006-06-09	178	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Gregory O'Neill and Jeffrey C. Crawford dated 6/7/2006 re: to the parties' respective consultants have scheduled to set the equipment up in courtroom 9A at approximately 3:00 PM on Friday June 9, 2006. The Clerk of Court has directed Celebrity and Essef ("the parties") to obtain from Your Honor and Order permitting the admission of certain indivduals with certain equipment into the courthouse and Your Honor's Courtroom. The parties respectfully request Your Honor to grant and Order permitting same. ENDORSEMENT: So Ordered. (Signed by Judge James C. Francis on 6/8/2006) (jmi, ) (Entered: 06/12/2006)
2006-06-08	179	0		MEMORANDUM OF LAW in Opposition to Essef's motions in limine. Document filed by Celebrity Cruises, Inc.. (dle, ) (Entered: 06/12/2006)
2006-06-08	180	0		DECLARATION of James Kleiner in Opposition re: 157 MOTION to Preclude.. Document filed by Celebrity Cruises, Inc.. (dle, ) (Entered: 06/12/2006)
2006-06-08	181	0		DECLARATION of Douglas Eisenstein in Opposition to plaintiffs' motions in limine. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (dle, ) (Entered: 06/12/2006)
2006-06-08	182	0		Memorandum of Law in Opposition to Plaintiffs' Motions in Limine. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (dle, ) (Entered: 06/13/2006)
2006-06-09	183	0		DECLARATION of Renee M. Plessner in Opposition re: 153 MOTION in Limine. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (db, ) (Entered: 06/14/2006)
2006-06-19	184	0		ORDER: The following motions are determined as set forth on the record on 6/12/2006: Defendants' renewed motion for partial summary judgment (docket # 73); plaintiffs' motion in limine (docket # 153); defendants' motion in limine (docket # 157); and plaintiffs' motion in limine (docket # 175). (Signed by Magistrate Judge James C. Francis on 6/19/2006) Copies Mailed By Chambers.(lb, ) (Entered: 06/20/2006)
2006-07-13	185	0		TRANSCRIPT of proceedings held on 6/16,19,20,21/2006 before Judge James C. Francis. (jar, ) (Entered: 07/13/2006)
2006-07-13	186	0		TRANSCRIPT of proceedings held on 6/12,13,14,15/2006 before Judge James C. Francis. (jar, ) (Entered: 07/13/2006)
2006-07-18	187	0		TRANSCRIPT of proceedings held on 6/22,23,26,27,28/2006 before Judge James C. Francis. (lb, ) (Entered: 07/18/2006)
2006-07-24	188	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Renee M. Plessner dated 7/21/06 re: the briefing schedule is adopted. The fee hearing will be scheduled following mediation if no resolution is reached. (Signed by Judge James C. Francis on 7/24/06) (db, ) (Entered: 07/25/2006)
2006-08-29	189	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Renee M. Plessner dated 8/25/2006 re: respectfully requesting that the Court grant defendants' request to file a 40-page memorandum of law in support of their post-trial motions. ENDORSEMENT: Application Granted. A similar enlargement shall apply to plaintiffs' answering brief. So ordered. (Signed by Magistrate Judge James C. Francis on 8/28/2006) (lb, ) (Entered: 08/30/2006)
2006-09-08	190	0		MEMORANDUM OF LAW on the Appropriate Rate of PreJudgment Interest. Document filed by Celebrity Cruises, Inc.. (djc, ) (Entered: 09/12/2006)
2006-09-08	191	0		DECLARATION of Mark M. Jaffe to provide both Exhibits and calculations of interest rated referred to in Celebrity's accompanying Memorandum of Law on the Appropriate Rate of Prejudgment Interest. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (djc, ) (Entered: 09/12/2006)
2006-09-08	192	0		EXHIBITS to defendants' memorandum of law in support of renewed motion for judgment as matter of law or, alternatively, a new trial. Document filed by Structural Europe N.V., Essef Corp. Exhibits 1-72.(jco, ) (Entered: 09/12/2006)
2006-09-08	193	0		MOTION for Judgment as a Matter of Law ; or in the alternative, for New Trial. Document filed by Structural Europe N.V., Essef Corp.. (pl, ) (Entered: 09/13/2006)
2006-09-08	194	0		MEMORANDUM OF LAW concerning prejudgment interest. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (pl, ) (Entered: 09/13/2006)
2006-09-08	195	0		DECLARATION of Todd A. Bakal, Esq. re: facts and circumstances of this action. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (pl, ) (Entered: 09/13/2006)
2006-09-08	196	0		MEMORANDUM OF LAW in Support re: 193 MOTION for Judgment as a Matter of Law. MOTION for New Trial. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (pl, ) (Entered: 09/13/2006)
2006-09-20	197	0		ENDORSED LETTER addressed to Judge James C. Francis IV from Gregory O'Neill dated 9/19/06 re: Counsel writes to request that the attorneys and their respective clients be permitted to bring cell phones into the courthouse. Application granted. So Ordered. (Signed by Judge James C. Francis on 9/19/06) (jco, ) (Entered: 09/22/2006)
2006-10-20	198	0		MEMORANDUM OF LAW in Opposition re: 193 MOTION for Judgment as a Matter of Law. MOTION for New Trial. Document filed by Celebrity Cruises, Inc. (jco, ) (Entered: 10/23/2006)
2006-10-20	199	0		MEMORANDUM OF LAW in Opposition re: 194 Memorandum of Law. Document filed by Celebrity Cruises, Inc. (jco, ) (Entered: 10/23/2006)
2006-10-20	200	0		DECLARATION of Gregory O'Neill in Opposition re: 193 MOTION for Judgment as a Matter of Law. MOTION for New Trial. Exhibits attached. (jco, ) (Entered: 10/23/2006)
2006-10-20	201	0		MEMORANDUM OF LAW in Opposition re: 190 Memorandum of Law on the Appropriate Rate of PreJudgment Interest. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. [received in the night deposit box on 10/20/2006 at 8:12pm](jar, ) (Entered: 10/23/2006)
2006-10-20	202	0		DECLARATION of Jeffrey C. Crawford. [received in the night deposit box on 10/20/2006 at 8:13pm]. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (jar, ) (Entered: 10/23/2006)
2006-10-20	203	0		DECLARATION of Joseph E. Obermeyer. [Document received in the night deposit box on 10/20/2006 at 8:13pm.] (jar, ) (Entered: 10/23/2006)
2006-10-31	204	0		ENDORSED LETTER addressed to Judge James C. Francis from Renee M. Plessner dated 10/26/06 re: a request that the Court allow defendants to file a 20 page reply memorandum of law in further support of their post trial motions. ENDORSEMENT: Application denied. The issues have been well ventilated. SO ORDERED. (Signed by Judge James C. Francis on 10/27/06) (kco, ) (Entered: 10/31/2006)
2006-11-03	205	0		REPLY MEMORANDUM OF LAW on the appropriate rate of prejudgment interest. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc. (jco, ) (Entered: 11/03/2006)
2006-11-03	206	0		REPLY MEMORANDUM OF LAW Concerning Prejudgment Interest. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (jco, ) (Entered: 11/06/2006)
2006-11-03	207	0		DECLARATION of Todd A. Bakal in Support of defendants' reply memorandum of law concerning prejudgment interest. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (jco, ) (Entered: 11/06/2006)
2006-11-03	208	0		REPLY MEMORANDUM OF LAW in Support re: 193 MOTION for Judgment as a Matter of Law. MOTION for New Trial. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (jco, ) (Entered: 11/06/2006)
2006-11-03	209	0		CERTIFICATE OF SERVICE of reply memorandum in support of motion for judgment; declaration of Todd A. Bakal; reply memorandum of law concerning prejudgment Interest; and corrected pages of defendants' memo served on Hill, Betts & Nash LLP on 11/3/06. Service was made by Federal Express. (jco, ) (Entered: 11/06/2006)
2006-11-09	210	0		MEMORANDUM OF LAW in Support re: 193 MOTION for Judgment as a Matter of Law. MOTION for New Trial.. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (dle, ) (Entered: 11/13/2006)
2007-01-18	211	0		OPINION and ORDER # 94147; re: 193 MOTION for Judgment as a Matter of Law. Motion for a new Trial; for the reasons set forth herein, Essef's motion for judgment as a matter of law is granted with respect to Celebrity's claim for lost enterprise value. Essefs motion for judgment on Celebrity's lost profits claim is denied, but its alternative application for a new trial is Granted. The remaining issues are determined as set foth in the body of this opinion. (Signed by Judge James C. Francis on 1/17/07) (djc) Modified on 1/19/2007 (Wilson, Richard). (Entered: 01/18/2007)
2007-05-07	212	0		MOTION for an Order, purs. to Local Rule 1.3(c) for Joshua Dan Weintraub to Appear Pro Hac Vice. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc..(tro) (Entered: 05/10/2007)
2007-05-14	213	0		MEMORANDUM OF LAW in Support re: 108 MOTION to Preclude.. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (tro) (Entered: 05/15/2007)
2007-05-14	214	0		DECLARATION of Kenneth R. Lange in Opposition re: 108 MOTION to Preclude.. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (tro) (Entered: 05/15/2007)
2007-05-15	215	0		ORDER granting 212 Motion for Joshua Dan Weintraub to Appear Pro Hac Vice. (Signed by Judge James C. Francis on 5/15/07) (js) (Entered: 05/16/2007)
2007-05-23	216	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Kenneth Lange dated 5/22/07 re: counsel for dfts request the following schedule: Celebrity's opposition to motion in limine by 5/25/07; Essef's reply by 6/1/07; Essef's proposed joint pretrial order to be transmitted to Celebrity by 5/25/07 at 5:00 p.m. via email; parties to transmit to the court a final joint pretrial order by 6/1/07. The schedule set forth above is adopted. (Signed by Judge James C. Francis on 5/23/07) (dle) (Entered: 05/24/2007)
2007-05-25	217	0		MEMORANDUM OF LAW in Opposition to Defts' Motion in Limine To Preclude Reference to Schweihs Supplemental Report. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (jar) (Entered: 05/29/2007)
2007-05-25	218	0		DECLARATION of Gregory O'Neil re: 217 MEMORANDUM OF LAW in Opposition to Defts' Motion in Limine To Preclude Reference to Schweihs Supplemental Report. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc. (jar) (Entered: 05/29/2007)
2007-05-29	219	0		PROPOSED VOIR DIRE QUESTIONS. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.(tro) (Entered: 06/01/2007)
2007-05-29	220	0		PRETRIAL MEMORANDUM. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc..(tro) (Entered: 06/01/2007)
2007-05-29	221	0		MEMORANDUM OF LAW in Support of Defts Motion in Limine. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (tro) (Entered: 06/01/2007)
2007-05-29	222	0		MEMORANDUM OF LAW in Support of Defts' Motionin Limine (to preclude Celebrity from Retrying that Category IV/ Enterprise Value Claim). Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (tro) (Entered: 06/01/2007)
2007-05-29	223	0		PROPOSED INTERROGATORIES to Jury.Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc..(tro) (Entered: 06/01/2007)
2007-05-29	224	0		PROPOSED MODIFICATIONS TO JURY CHARGES. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc..(tro) (Entered: 06/01/2007)
2007-05-29	225	0		OMNIBUS DECLARATION of Jeffrey C. Crawford in Support of Defts. Motion in LImine to preclude Celebrity from referring to the Fraud Verdict and Defts. Motion in LImine to Preclude Celebrity from retrying the category IV/Enterprise Value Claim. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (tro) (Entered: 06/01/2007)
2007-05-29	226	0		Plaintiff's Proposed Jury Instructions.(djc) (Entered: 06/04/2007)
2007-05-29	227	0		Plaintiff's Proposed VOIR DIRE QUESTIONS.(djc) (Entered: 06/04/2007)
2007-05-29	228	0		PROPOSED VOIR DIRE QUESTIONS. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.(djc) (Entered: 06/04/2007)
2007-06-01	229	0		CERTIFICATE OF SERVICE of Reply Memorandum of Law, Declaration of Kenneth R. Lange, and Joint Pre-Trial Order served on Counsel for Plaintiff's: Hill, Betts & Nash, LLP on 6/1/07. Service was made by Mail (Fed-ex). Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (tro) (Entered: 06/05/2007)
2007-06-05	230	0		MEMORANDUM OF LAW in Opposition re: 157 MOTION to Preclude. Document filed by Celebrity Cruises, Inc.. (jar) (Entered: 06/06/2007)
2007-05-29	231	0		MOTIONS in Limine seeking the following relief (a) testimony by Essef's Expert Frederick C. Dunbar; (b) references to witnesses not present at trial; (c)References to Celebrity's Failure to Change its Name or other wise seek to restore its Reputation in Response to the Legionnaires' Incident; with respect to anticipated evidentiary problems at trial..; Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc..(djc) (Entered: 06/06/2007)
2007-06-01	232	0		REPLY MEMORANDUM OF LAW in Support of Defendants MOTION in limine to preclude any reference to Schweihs's supplemental report. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (jpo) (Entered: 06/07/2007)
2007-06-01	233	0		DECLARATION of Kenneth R. Lange in Support of defendants' motion for limine to preclude any reference to Schweihs's supplemental report. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (jpo) (Entered: 06/07/2007)
2007-06-07	234	0		ENDORSED LETTER addressed to Judge Francis from Gregory O'Neill dated 6/5/07 re TrialGraphix requests the opportunity to set up their equipment on 6/8/07 and access through the courthouse securty for Hill Betts & Nash: application granted. (Signed by Judge James C. Francis on 6/6/07) (cd) (Entered: 06/08/2007)
2007-06-08	235	0		ENDORSED LETTER addressed to Magistrate Judge Francis from Renee Plessner dated 6/7/07 re request by deft that courtroom presentation technology including a monitor and 2 laptops etc be set up on 6/8/07 and upon completion for removal of said equiptment: so ordered. (Signed by Judge James C. Francis on 6/7/07) (cd) (Entered: 06/11/2007)
2007-06-07	236	0		REPLY MEMORANDUM OF LAW in Support re: 231 MOTION in Limine. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (jco) (Entered: 06/11/2007)
2007-06-11	237	0		JOINT PRE-TRIAL ORDER: (Signed by Judge James C. Francis on 6/11/07) (js) (Entered: 06/12/2007)
2007-06-08	238	0		RESPONSE re: 220 Pretrial Memorandum. Document filed by Celebrity Cruises, Inc. (cd) (Entered: 06/12/2007)
2007-06-11	239	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Gregory O'Neil dated 6/8/2007 re: to we write on behalf of plaintiffs, and defendant's. Given the expected length of this trial, it would be most appreciated if the Court would permit counsel and certain party respresentatives to have cell phones in the courthouse for use during breaks in the trial. ENDORSEMENT:.So ORDERED (Signed by Judge James C. Francis on 6/8/2007) (jmi) (Entered: 06/14/2007)
2007-06-13	240	0		MEMORANDUM OF LAW in Support of Defts' Motion to Preclude Plts from retrying their category II Claim. Document filed by Essef Corp., Pac-Fab, Inc., Structural Europe N.V.. (jar) (Entered: 06/15/2007)
2007-06-13	241	0		DECLARATION of Kenneth R. Lange in Support of Defts' Motion to Preclude Celebrity from Retrying its Category II out-of-pocket expenses claim. Document filed by Essef Corp., Pac-Fab, Inc., Structural Europe N.V. (jar) (Entered: 06/15/2007)
2007-06-15	242	0		MEMORANDUM OF LAW in Support of defendants' motion to admit defendants' exhibit D513 and to request that the Court take judicial notice of the facts contained in exhibit D513. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.(jco) (Entered: 06/18/2007)
2007-06-15	243	0		CELEBRITY'S MEMORANDUM OF THE APPROPRIATE AMOUNT TO BE DEDUCTED FROM ITS LOST PROFITS CLAIM. Document filed by Celebrity Cruises, Inc. (jco) (Entered: 06/18/2007)
2007-06-15	244	0		DECLARATION of Renee M. Plessner in Support of defendants' motion to admit defendants' Exhibit D513, entitled "National Hurricane Center Atlantic-Caribbean-Gulf of Mexico Hurricane Track Chart ("D513") into evidence and to request that the Court take judicial notice of the facts contained in D513. (jco) (Entered: 06/18/2007)
2007-06-15	245	0		DECLARATION of Ares M. Michaelides. (jco) (Entered: 06/18/2007)
2007-06-19	246	0		REPLY MEMORANDUM OF LAW in Support of Defendants' Motion to Preclude Plaintiffs' from Retrying their Categoy II Claim. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc) (Entered: 06/20/2007)
2007-06-19	247	0		DECLARATION of Douglas Eisenstein in Support of Defendants' Motion to Preclude Celebrity from Retrying its Category II out-of-pocket expenses claim. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc) (Entered: 06/20/2007)
2007-07-24	248	0		TRANSCRIPT of proceedings held on 06/11,12,13,14,15/07 before Judge James C. Francis. (es) (Entered: 07/24/2007)
2007-07-24	249	0		TRANSCRIPT of proceedings held on 06/18,19,20,21,22/07 before Judge James C. Francis. (es) (Entered: 07/24/2007)
2007-07-24	250	0		TRANSCRIPT of proceedings held on 06/25,26,27/07 before Judge James C. Francis. (es) (Entered: 07/24/2007)
2007-07-24	251	0		ORDER; any post trial motions due by 10/1/2007, responses due by 10/29/2007, replies due by 11/12/2007. Pretrial Order due by 10/15/2007. A bench trial on Celebrity's claims for legal expenses shall be held on 10/29/2007 and 10/30/2007. (Signed by Judge James C. Francis on 7/24/07) Copies Mailed By Chambers.(kco) (Entered: 07/27/2007)
2007-10-01	252	0		NOTCE OF RENEWED MOTION for Judgment as a matter of law. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc..(tro) (Entered: 10/03/2007)
2007-10-01	253	0		MEMORANDUM OF LAW in Support re: 252 MOTION for Judgment. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (tro) (Entered: 10/03/2007)
2007-10-15	254	0		PROPOSED JOINT PRETRIAL ORDER re Plaintiff's Claim for Legal Fees and Costs. Document filed by Celebrity Cruises, Inc., Structural Europe N.V., Essef Corp.(cd) (Entered: 10/17/2007)
2007-10-15	255	0		PRETRIAL MEMORANDUM. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.(cd) (Entered: 10/17/2007)
2007-10-15	256	0		MOTION in Limine re testimony of Michael A. Castillo. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.(cd) (Entered: 10/17/2007)
2007-10-15	257	0		DECLARATION of Mary Reilly in Support re: 256 MOTION in Limine.. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (cd) (Entered: 10/17/2007)
2007-10-22	258	0		MEMORANDUM OF LAW in Opposition re: 256 MOTION in Limine. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (djc) (Entered: 10/23/2007)
2007-10-26	259	0		MEMORANDUM OF LAW in Response to ESSEF's Pretrial Memorandum. Document filed by Celebrity Cruises, Inc.. (djc) (Entered: 10/29/2007)
2007-10-26	260	0		ORDER denying 256 Motion in Limine, Application denied without prejudice to renewal depending upon how the evidence develops at trial. ENDORSEMENT: So Ordered. (Signed by Judge James C. Francis on 10/26/07) Copies Mailed By Chambers.(laq) (Entered: 10/29/2007)
2007-10-29	261	0		MEMORANDUM OF LAW in Opposition re: 231 MOTION in Limine., 193 MOTION for Judgment as a Matter of Law. MOTION for New Trial.. Document filed by Celebrity Cruises, Inc. (cd) (Entered: 10/30/2007)
2007-10-29	262	0		DECLARATION of Gregory O'Neill in Support re: 261 Memorandum of Law in Opposition to Motion. Document filed by Celebrity Cruises, Inc. (cd) (Entered: 10/30/2007)
2007-10-29	263	0		DECLARATION of Gregory O'Neill to correct a misstatement of fact contained in his declaration dated October 176, 2007. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. (djc) (Entered: 10/30/2007)
2007-11-12	264	0		(Declaration of Jeffrey C. Crawford, Esq.) REPLY MEMORANDUM OF LAW in Support of Motion for Partial Summary judgment dated November 4, 2005. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (djc) (Entered: 11/14/2007)
2007-11-12	265	0		CERTIFICATE OF SERVICE of Declaration of Jeffrey C. Crawford, Esq., and Defendants' reply memorandum of law in support of motion for judgment as a matter of law served on firm of HIll, Betts & Nash LLP on 11/12/7. (djc) (Entered: 11/15/2007)
2007-11-12	266	0		REPLY MEMORANDUM OF LAW in Support re: 252 MOTION for Judgment. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (djc) (Entered: 11/15/2007)
2008-01-04	267	0		OPINION AND ORDER that for the reasons set forth herein, Essef's motion for judgment as a matter of law is denied, the damages awarded to Celebrity shall be reduced by thirty percent to reflect its comparative fault, and interest shall be awarded at the average six-month Treasury Bill rate, compounded annually. Unless the parties agree on a form of judgment, Celebrity shall submit a proposed judgment within ten days of the date of this order, and Essef shall submit any counterproposal within five days thereafter. (Signed by Magistrate Judge James C. Francis on 1/4/08) Copies mailed by chambers. (dle) (Entered: 01/04/2008)
2008-01-11	268	0		TRANSCRIPT of proceedings held on 10/29/07 before Magistrate Judge James C. Francis. (bw) (Entered: 01/15/2008)
2008-02-15	269	0		ORDER: It is hereby ordered that interest on damages for out-of pocket expenses shall accrue as of the dates the expenses were paid, as set forth in Exhibit 1 to Defendants' Memorandum on Calculation of Prejudgment Interest. Interest shall be calculated using the bank year (365/360) method, as it is the prevailing method in commercial loans. The interest rate for January 1, 2008 through the date of judgment shall be the average of the weekly rates from January 1, 2008 through February 15, 2008. By February 22, 2008, counsel shall submit either an agreed upon judgment or competing proposed judgments consistent with these rulings. Any such judgment shall calculate prejudgment interest through February 29, 2008. SO ORDERED (Signed by Magistrate Judge James C. Francis on 2/15/2008) Copies Mailed By Chambers.(jpo) (Entered: 02/20/2008)
2008-02-15	270	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Gregory O'Neill dated 2/8/2008 re: request that the Court direct the Clerk to add a number of documents to the docket in this matter and to state Celebrity's position that Defendants' method of calculating prejudgment interest for inclusion in its proposed judgment is contrary to standard business and banking practice. ENDORSEMENT: The Clerk Court is respectfully requested to enter the documents identified in the attached list on the docket in this case. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 2/15/2008) (jpo) (Entered: 02/20/2008)
2008-02-15	271	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Renee M. Plessner dated 12/19/2007 re: Essef respectfully request that the Court to enter the documents on the attached list on the 96-cv-3135 docket. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 2/15/2008) (jpo) (Entered: 02/20/2008)
2008-02-29	272	0		JUDGMENT #08,0322 in favor of Celebrity Cruises, Inc., Fantasia Cruising, Inc. against Essef Corp., Pac-Fab, Inc., Structural Europe N.V. in the amount of $ 30,435,226.00 plus post-judgment interest and taxable costs. (Signed by Magistrate Judge James C. Francis on 2/29/08) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 02/29/2008)
2008-03-13	273	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Gregory O'Neill dated 3/13/08 re: Celebrity does not object to a stay of execution provided it is for a specified short period of time etc. ENDORSEMENT: Execution of the judgment is stayed until 3/24/08. Counsel shall advise the Court prior to that date whether they have agreed on security pending appeal. (Signed by Magistrate Judge James C. Francis on 3/13/08) (cd) (Entered: 03/13/2008)
2008-03-25	274	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Todd A. Bakal dated 3/21/08 re: Defendants request that the Court continue to stay execution of the judgment beyond Monday, March 24, Defendants appreciate the Court's consideration in this matter and remain available for a conference call if the Court deems necessary. ENDORSEMENT: The stay is extended until April 4, 2008. So Ordered. (Signed by Magistrate Judge James C. Francis on 3/25/08) (js) (Entered: 03/25/2008)
2008-03-28	275	0		NOTICE OF APPEAL from 272 Judgment, 267 Memorandum & Opinion. Document filed by Celebrity Cruises, Inc., Fantasia Cruising, Inc.. Filing fee $ 455.00, receipt number E 646116. Copies of Notice of Appeal mailed to attorney(s) of record: Mound Cotton Wollan & Greengrass. (nd) (Entered: 03/28/2008)
2008-04-04	276	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Renee Plessner dated 4/4/08 re: The parties jointly request that the Court continue the stay of execution until 4/11/08, which will give the parties sufficient time to agree upon the terms of the LOC, and will give Defendants sufficient time to finalize the necessary paperwork. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 4/4/08) (tro) (Entered: 04/04/2008)
2008-04-10	277	0		NOTICE OF CROSS APPEAL from 272 Judgment,. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. Filing fee $ 455.00, receipt number E 647276. Copies of Notice of Cross-Appeal mailed to attorney(s) of record: Hill Betts & Nash LLP. (nd) (Entered: 04/10/2008)
2008-04-11	278	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Renee Plessner dated 4/10/08 re: Joint request that the Court continue the stay of execution until 4/18/08, which will give defendants sufficient time to complete the necessary paperwork. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 4/10/08) (cd) (Entered: 04/11/2008)
2008-04-18	279	0		Supersedeas BOND # 019027850 in the amount of $ 7,001,810.74 posted by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (ml) (Entered: 04/18/2008)
2008-04-18	280	0		Supersedeas Line of Credit BOND # 3092408 in the amount of $ 25,000,000.00 posted by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (ml) (Entered: 04/18/2008)
2008-04-18	281	0		MOTION for an order granting partial Summary Judgment to Essef with respect to the claims set forth herein. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc..(pl) (Entered: 04/21/2008)
2008-04-18	282	0		LOCAL RULE 56.1 STATEMENT SUPPLEMENTAL STATEMENT AS TO WHICH THERE IS NO ISSUE TO BE TRIED. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (pl) (Entered: 04/21/2008)
2008-04-18	283	0		MEMORANDUM OF LAW in Support re: 281 MOTION for Summary Judgment. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (pl) (Entered: 04/21/2008)
2008-04-18	284	0		RESPONSE re: 282 Rule 56.1 Statement. Document filed by Celebrity Cruises, Inc.. (pl) (Entered: 04/21/2008)
2008-04-18	285	0		DECLARATION of Robert P. Schweihs. (pl) Modified on 4/21/2008 (pl). (Entered: 04/21/2008)
2008-04-18	286	0		DECLARATION of Richard Sasso. Document filed by Celebrity Cruises, Inc.. (pl) (Entered: 04/21/2008)
2008-04-18	287	0		DECLARATION of Ares M. Michaeides. Document filed by Celebrity Cruises, Inc.. (pl) (Entered: 04/21/2008)
2008-04-18	288	0		2006 Special Verdict Form. (pl) Modified on 4/21/2008 (pl). (Entered: 04/21/2008)
2008-04-18	289	0		REVISED MEMORANDUM OF LAW IN SUPPORT of renewed Motion for judgment as a matter of law or, alternatively, a new trial. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (pl) (Entered: 04/21/2008)
2008-04-18	290	0		DECLARATION of Kenneth R. Lange in Opposition to Plaintiff's motions in limine. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc. (pl) (Entered: 04/21/2008)
2008-04-18	291	0		OPPOSITION to Plaintiffs' motions in limine. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (pl) (Entered: 04/21/2008)
2008-04-18	292	0		DECLARATION of Georgy O' Neil support of Celebrity's Response to Essef's Pretrial Memorandum. Document filed by Celebrity Cruises, Inc.. (pl) (Entered: 04/21/2008)
2008-04-18	293	0		RENEWED MOTION for Judgment as a Matter of Law, w/ attch. Declaration of Jeffrey C. Crawford, Esq. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc..(pl) (Entered: 04/21/2008)
2008-04-18	294	0		SUMMARY JUDGMENT EXHIBITS VOLUME VI OF VII. Document filed by Structural Europe N.V.(pl) (Entered: 04/21/2008)
2008-04-18	295	0		SUMMARY JUDGMENT EXHIBITS VOLUME VII OF VII. Document filed by Structural Europe N.V.(pl) (Entered: 04/21/2008)
2008-04-18	296	0		2007 SPECIAL VERDICT FORM. (pl) Modified on 4/21/2008 (pl). (Entered: 04/21/2008)
2008-04-18	297	0		TRANSCRIPT of proceedings held on 6/28/07 before Magistrate Judge James C. Francis. (pl) (Entered: 04/21/2008)
2008-04-18	298	0		LETTER addressed to Magistrate Judge James C. Francis, IV from Gregory O'Neil dated 6/23/07 re: taking of deposition of Mr. Obermeyer. Document filed by Celebrity Cruises, Inc.(pl) (Entered: 04/21/2008)
2008-04-18	299	0		Copy of Endorsed Letter dated 12/19/07 re: granting Essef requests that the court direct the Clerk to enter the documents on the attached list on the 96cv3135 docket. Document filed by Structural Europe N.V., Essef Corp., Pac-Fab, Inc.. (pl) (Entered: 04/21/2008)
2008-07-15	300	0		ENDORSED LETTER addressed to Magistrate Judge James C. Francis Iv from Mary T. Reilly, Esq. and Todd A. Bakal, Esq dated 7/14/2008 re: The parties jointly request that the Court enter an Order allowing Essef to retrieve from the Court's file the original letter of credit issued by Bank of America in the amount of $25,000,000.00 that was filed with the Court as security for Essef's cross-appeal. ENDORSEMENT: Application Granted. So ordered. (Signed by Magistrate Judge James C. Francis on 7/14/2008) (jfe) (Entered: 07/15/2008)
2008-07-30	301	0		MANDATE of USCA (Certified Copy) as to 277 Notice of Cross Appeal, filed by Structural Europe N.V., Pac-Fab, Inc., Essef Corp., 275 Notice of Appeal, filed by Fantasia Cruising, Inc., Celebrity Cruises, Inc. USCA Case Number 081557-cv(L) and 08-1810-cv(XAP). Pursuant to the attached stipulation, the appeal and cross-appeal in this action are dismissed. Pursuant to the agreement set out in this stipulation, costs on appeal are not awarded to any party and each party will bear its own costs. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 7/28/2008. (nd) (Entered: 07/30/2008)