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Date Filed
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#
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Docket Text
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| June 25, 2008 |
1
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NOTICE OF REMOVAL from Sixth Judicial Circuit in and for Pinellas County, case number 08-8290CI-15 filed in State Court on 06/04/2008. Filing fee $ 350, receipt number T046592 filed by
CoStar Realty Information, Inc., CoStar Group, Inc. (Attachments: # 1 Notice of Filing Notice of Removal, # 2 Notice of Filing Notice of Removal)(LYB) (Entered: June 26, 2008)
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| June 25, 2008 |
2
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COMPLAINT against CoStar Realty Information, Inc. and CoStar Group, Inc. filed in state court on 6/4/2008 by Klein & Heuchan, Inc. (Attachments: # 1 Civil Cover Sheet)(LYB) (Entered: June 26, 2008)
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| June 25, 2008 |
3
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DECLARATION of Christopher Winters re 1 Notice of removal by CoStar Group, Inc.
(LYB) (Entered: June 26, 2008)
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| June 26, 2008 |
4
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NOTICE of Appearance by Jeffrey W. Gibson on behalf of Klein & Heuchan, Inc. (Gibson, Jeffrey) (Entered: June 26, 2008)
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| June 26, 2008 |
5
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NOTICE of designation under Local Rule 3.05 - track 2 issued by Deputy Clerk on 6/26/2008. (SMB) (Entered: June 26, 2008)
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| July 10, 2008 |
6
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Unopposed MOTION for extension of time to file answer or otherwise plead re 2
Complaint by CoStar Realty Information, Inc., CoStar Group, Inc.. (Guerrant, William) (Entered: July 10, 2008)
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| July 11, 2008 |
7
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ENDORSED ORDER granting 6 Defendants' Motion for extension of time to answer or
respond. Answers due by 7/24/2008. Signed by Judge James S. Moody, Jr on 7/11/2008. (LN) (Entered: July 11, 2008)
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| July 17, 2008 |
8
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MOTION to dismiss Complaint or to Transfer Venue and Incorporated Memorandum of Law by CoStar Realty Information, Inc., CoStar Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Guerrant, William) (Entered: July 17, 2008)
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| July 31, 2008 |
9
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RESPONSE in opposition re 8 MOTION to dismiss Complaint or to Transfer Venue and
Incorporated Memorandum of Law filed by Klein & Heuchan, Inc.. (Gibson, Jeffrey) (Entered: July 31, 2008)
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| September 3, 2008 |
10
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ORDER: Defendants' Motion to Dismiss or to Transfer Venue 8 is DENIED. Defendants
are directed to file an answer to the Complaint within 20 days. Signed by Judge James S. Moody, Jr on 9/3/2008. (LN) (Entered: September 3, 2008)
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| September 23, 2008 |
11
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Unopposed MOTION for extension of time to file answer or otherwise plead re 2
Complaint by CoStar Realty Information, Inc., CoStar Group, Inc.. (Guerrant, William) (Entered: September 23, 2008)
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| September 24, 2008 |
12
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ENDORSED ORDER granting 11 Agreed Motion for extension of time to answer or
respond. Defendants' answers due 10/7/2008. Signed by Judge James S. Moody, Jr on 9/24/2008. (LN) (Entered: September 24, 2008)
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| October 3, 2008 |
13
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Case Reassigned to Magistrate Judge Elizabeth A. Jenkins. New case number: 8:08-cv-1227-T-30EAJ. Magistrate Judge Mary S. Scriven no longer assigned to the case. (MRH) (Entered:
10/03/2008)
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| October 7, 2008 |
14
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MOTION for more definite statement and Incorporated Memorandum of Law by CoStar Realty Information, Inc., CoStar Group, Inc.. (Guerrant, William) (Entered: October 7, 2008)
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| October 9, 2008 |
15
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RESPONSE in opposition re 14 MOTION for more definite statement and
Incorporated Memorandum of Law filed by Klein & Heuchan, Inc.. (Gibson, Jeffrey) (Entered: October 9, 2008)
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| October 30, 2008 |
16
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ORDER denying 14 Defendants' Motion for more definite statement. Defendants are
directed to file an answer to the Complaint within 20 days. Signed by Judge James S. Moody, Jr on 10/30/2008. (LN) (Entered: October 30, 2008)
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| November 5, 2008 |
17
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CASE MANAGEMENT REPORT. (Gibson, Jeffrey) (Entered: November 5, 2008)
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| November 6, 2008 |
18
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CASE MANAGEMENT AND SCHEDULING ORDER: Fact Discovery due by 5/28/2009. Dispositive motions due by 9/1/2009. Pretrial Conference set for TUESDAY, 12/1/2009 at 9:00 AM in Courtroom 13A
before Judge James S. Moody Jr. *** BENCH TRIAL set for JANUARY 2010 *** Signed by Judge James S. Moody, Jr on 11/6/2008. (LN) (Entered: November 6, 2008)
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| November 19, 2008 |
19
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**MOTION TERMINATED; INCORRECT EVENT CODE USED; COUNSEL NOTIFIED TO RE-FILE** MOTION for Extension of Time to File Response/Reply as to 2 Complaint by CoStar Realty Information, Inc., CoStar Group, Inc.. (Guerrant, William)
Motions referred to Magistrate Judge Elizabeth A. Jenkins. Modified on 11/20/2008 (JLH). (Entered: November 19, 2008)
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| November 20, 2008 |
20
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MOTION for extension of time to file answer or otherwise plead re 2 Complaint by
CoStar Realty Information, Inc., CoStar Group, Inc.. (Guerrant, William) (Entered: November 20, 2008)
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| November 20, 2008 |
21
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CERTIFICATE of Counsel re 20 MOTION for extension of time to file answer or
otherwise plead re 2 Complaint Amended Local Rule 3.01(g) Certification by
William Cooper Guerrant, Jr on behalf of CoStar Realty Information, Inc., CoStar Group, Inc. (Guerrant, William) (Entered: November 20, 2008)
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| November 20, 2008 |
22
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ENDORSED ORDER granting 20 Defendants' Motion for extension of time to answer or
respond. Answers due by 11/21/2008. Signed by Judge James S. Moody, Jr on 11/20/2008. (LN) (Entered: November 20, 2008)
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| November 21, 2008 |
23
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ANSWER and affirmative defenses to 2 Complaint, COUNTERCLAIM against Klein &
Heuchan, Inc. by CoStar Realty Information, Inc., CoStar Group, Inc.. (Attachments: # 1 Exhibit A)(Guerrant, William)
(Entered: November 21, 2008)
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| November 24, 2008 |
24
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Summons issued as to Klein & Heuchan, Inc.. (JLH) (Entered: November 25, 2008)
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| December 8, 2008 |
25
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REPLY to 23 Counterclaim by Klein & Heuchan, Inc.. Related document:
23 Answer to complaintCounterclaim filed by CoStar Realty Information, Inc.,
CoStar Group, Inc..(Gibson, Jeffrey) (Entered: December 8, 2008)
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| December 9, 2008 |
26
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MOTION for Sanya Sarich to appear pro hac vice by CoStar Realty Information, Inc., CoStar Group, Inc.. (Guerrant, William) Motions referred to Magistrate Judge Elizabeth A. Jenkins.
(Entered: December 9, 2008)
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| December 9, 2008 |
27
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MOTION for William J. Sauers to appear pro hac vice by CoStar Realty Information, Inc., CoStar Group, Inc.. (Guerrant, William) Motions referred to Magistrate Judge Elizabeth A. Jenkins.
(Entered: December 9, 2008)
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| December 11, 2008 |
28
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ORDER granting 26 Motion of Sanya Sarich to Appear Pro Hac Vice; granting
27 Motion of William Sauers to Appear Pro Hac Vice. Signed by Magistrate Judge
Elizabeth A. Jenkins on 12/11/2008. (ACS) (Entered: December 11, 2008)
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| December 11, 2008 |
29
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MOTION to quash service of summons by Scott Bell. (JLH) (Entered: December 15, 2008)
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| December 17, 2008 |
30
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ALIAS Summons reissued as to Scott Bell. (JLH) (Entered: December 19, 2008)
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| December 22, 2008 |
31
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Unopposed MOTION for protective order by CoStar Realty Information, Inc., CoStar Group, Inc.. (Guerrant, William) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered:
12/22/2008)
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| January 2, 2009 |
32
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ORDER granting 31 the parties' Agreed Motion for Entry of a Protective Order.
See order for details. Signed by Magistrate Judge Elizabeth A. Jenkins on 1/2/2009. (ACS) (Entered: January 2, 2009)
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| January 7, 2009 |
33
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MOTION to dismiss complaint for insurriency of service of process, MOTION to quash service by Scott Bell. (JLH) (Entered: January 7, 2009)
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| January 22, 2009 |
34
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RETURN of (alias summons) service executed on 1/13/09 by Klein & Heuchan, Inc. as to Scott Bell. (JLH) (Entered: January 23, 2009)
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| January 23, 2009 |
35
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RESPONSE in opposition re 29 MOTION to quash service of summons, 33 MOTION to dismiss complaint for insurriency of service of process MOTION to quash
service filed by CoStar Realty Information, Inc., CoStar Group, Inc.. (Sarich, Sanya) (Entered: January 23, 2009)
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| January 30, 2009 |
36
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ORDER: Counter Defendant Scott Bell's Motions to Quash Service of Summons 29
33 are DENIED. Counter Defendant Scott Bell has 20 days to respond to the
counterclaim. Signed by Judge James S. Moody, Jr on 1/30/2009. (LN) (Entered: January 30, 2009)
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| February 17, 2009 |
37
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MOTION for extension of time to file answer or otherwise plead re 23
Counterclaim by Scott Bell. (JLH) (Entered: February 18, 2009)
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| February 18, 2009 |
38
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MOTION to dismiss CoStar Counterclaim by Scott Bell. (Ottaviano, Nicholas) (Entered: February 18, 2009)
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| February 19, 2009 |
39
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ENDORSED ORDER denying as moot 37 Motion for extension of time to answer or
respond. Signed by Judge James S. Moody, Jr on 2/19/2009. (LN) (Entered: February 19, 2009)
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| March 9, 2009 |
40
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MEMORANDUM in opposition re 38 Motion to dismiss Counterclaim against Scott
Bell filed by CoStar Realty Information, Inc., CoStar Group, Inc.. (Sarich, Sanya) (Entered: March 9, 2009)
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| March 18, 2009 |
41
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NOTICE of Appearance by Brian J. Aungst on behalf of Klein & Heuchan, Inc. (Aungst, Brian) (Entered: March 18, 2009)
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| April 6, 2009 |
42
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ORDER REFERRING CASE to mediation and directing selection of a mediator on or before May 6, 2009. Lead counsel Brian J. Aungst to coordinate dates. Mediation shall be conducted on or
before October 1, 2009. Signed by Judge James S. Moody, Jr on 4/6/2009. (LN) (Entered: April 6, 2009)
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| April 8, 2009 |
43
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ORDER: Counterclaim-Defendant Scott Bell's Motion to Dismiss 38 is GRANTED as to
Count III of Counterclaim-Plaintiff's complaint and DENIED as to the remaining Counts. The language of Counterclaim-Plaintiffs complaint is stricken as stated in Part III of this Order.
Signed by Judge James S. Moody, Jr on 4/8/2009. (LN) (Entered: April 8, 2009)
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| April 13, 2009 |
44
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REPLY to 23 Counterclaim by Scott Bell. Related document: 23 Counterclaim filed by CoStar Realty Information, Inc., CoStar Group, Inc..(Ottaviano,
Nicholas) Modified on 4/14/2009 (MRH). NOTE: EDITED TEXT. (Entered: April 13, 2009)
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| May 6, 2009 |
45
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NOTICE of mediation to be held on August 20, 2009 at 9:00 a.m. before Peter J. Grilli, Esq.. (Gibson, Jeffrey) (Entered: May 6, 2009)
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| May 7, 2009 |
46
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ORDER appointing Peter Grilli as mediator in this action. Mediation Conference set for AUGUST 20, 2009. Signed by Judge James S. Moody, Jr on 5/7/2009. (LN) (Entered: May 7, 2009)
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| May 28, 2009 |
47
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NOTICE of pendency of related cases re per Local Rule 1.04(d) by CoStar Realty Information, Inc., CoStar Group, Inc.. Related case(s): yes (Sauers, William) (Entered: May 28, 2009)
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| May 28, 2009 |
48
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Joint MOTION for Extension of Time to Complete Discovery by CoStar Realty Information, Inc., CoStar Group, Inc.. (Sauers, William) (Entered: May 28, 2009)
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| May 28, 2009 |
49
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RESPONSE in opposition re 48 Joint MOTION for Extension of Time to Complete
Discovery filed by Klein & Heuchan, Inc.. (Gibson, Jeffrey) (Entered: May 28, 2009)
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| May 29, 2009 |
50
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Joint MOTION for leave to file Reply in Support of Motion to Extend Discovery by CoStar Realty Information, Inc., CoStar Group, Inc.. (Sauers, William) (Entered: May 29, 2009)
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| June 1, 2009 |
51
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CERTIFICATE of Counsel re 50 Joint MOTION for leave to file Reply in Support of
Motion to Extend Discovery Local Rule 3.01(g) Certification by William J. Sauers on behalf of CoStar Realty Information, Inc., CoStar Group, Inc. (Sauers, William) (Entered:
06/01/2009)
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| June 4, 2009 |
52
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ENDORSED ORDER granting 48 Joint Motion for Extension of Time to Complete
Discovery. NEW DEADLINE: Fact discovery, July 27, 2009. All other deadlines remain UNCHANGED. Signed by Judge James S. Moody, Jr on 6/4/2009. (LN) (Entered: June 4, 2009)
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| June 4, 2009 |
53
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ENDORSED ORDER denying as moot 50 Motion for leave to file reply. Signed by
Judge James S. Moody, Jr on 6/4/2009. (LN) (Entered: June 4, 2009)
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| June 25, 2009 |
54
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ORDER: Cases #8:08-cv-1227-T-30EAJ and #8:09-cv-565-T30TGW are CONSOLIDATED for all further proceedings. The parties shall file all subsequent papers in lead case #8:08-cv-1227-T-30EAJ.
The Clerk is directed to ADMINISTRATIVELY CLOSE case #8:09-cv-565-T-30TGW. Signed by Judge James S. Moody, Jr on 6/25/2009. (LN) (Entered: June 25, 2009)
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| June 25, 2009 |
55
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Unopposed MOTION for Paul M. Finamore to withdraw as attorney for Movants by Klein & Heuchan, Inc.. (Gibson, Jeffrey) Motions referred to Magistrate Judge Elizabeth A. Jenkins.
(Entered: June 25, 2009)
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| July 2, 2009 |
56
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ORDER granting 55 Paul Finamore's Motion to Withdraw as Attorney. See order for
details. Signed by Magistrate Judge Elizabeth A. Jenkins on 7/2/2009. (ACS) (Entered: July 2, 2009)
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| July 14, 2009 |
57
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ORDER for JAMES B. ASTRACHAN, SHARI ROSS LAHLOU and JULIE REBECCA RUBIN to comply with the administrative procedures regarding electronic filing. Signed by Judge James S. Moody, Jr on
7/14/2009. (LN) (Entered: July 14, 2009)
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| July 16, 2009 |
58
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MOTION for James B. Astrachan and Julie R. Rubin to withdraw as attorney by Scott Bell. (JLH) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: July 16, 2009)
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| July 17, 2009 |
59
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NOTICE of Appearance by Randall J. Love on behalf of Scott Bell (Love, Randall) (Entered: July 17, 2009)
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| July 22, 2009 |
60
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Amended NOTICE of mediation to be held on September 2, 2009, 1:30 p.m. before Peter Grilli. (Sauers, William) (Entered: July 22, 2009)
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| July 22, 2009 |
61
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Joint MOTION for Extension of Time to Complete Discovery and Dispositive Motions Deadline by CoStar Realty Information, Inc., CoStar Group, Inc.. (Sauers, William) (Entered:
07/22/2009)
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| July 22, 2009 |
62
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CERTIFICATE of Counsel re 60 Notice of mediation, 61 Joint MOTION for Extension of Time to Complete Discovery and Dispositive Motions
Deadline Amended Certificate of Service by William J. Sauers on behalf of CoStar Realty Information, Inc., CoStar Group, Inc. (Sauers, William) (Entered: July 22, 2009)
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| July 28, 2009 |
63
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AMENDED ORDER appointing Peter J. Grilli as mediator in this action. Mediation Conference set for SEPTEMBER 2, 2009. Signed by Judge James S. Moody, Jr on 7/28/2009. (LN) (Entered:
07/28/2009)
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| July 30, 2009 |
64
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ENDORSED ORDER granting 61 Agreed Motion to Extend Discovery and Dispositive
Motion Deadline. NEW DEADLINES: discovery, August 27, 2009; dispositive motions, September 14, 2009. All other deadlines remain UNCHANGED. Signed by Judge James S. Moody, Jr on 7/30/2009.
(LN) (Entered: July 30, 2009)
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| August 3, 2009 |
65
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ORDER granting Motion to Withdraw as Attorney for Defendant Scott Bell (Dkt. 58). See order for details. Signed by Magistrate Judge Elizabeth A. Jenkins on 8/3/2009. (MLB) (Entered:
08/03/2009)
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| September 3, 2009 |
66
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MEDIATION REPORT Hearing held on September 2, 2009 Hearing outcome: the parties have reached an impasse.(Grilli, Peter) (Entered: September 3, 2009)
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| September 8, 2009 |
67
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MOTION to extend time to File Dispositive Motions (Partially Consented to Motion) by CoStar Realty Information, Inc., CoStar Group, Inc.. (Sauers, William) (Entered: September 8, 2009)
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| September 9, 2009 |
68
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ENDORSED ORDER granting 67 Partially Consented to Motion to Extend Dispositive
Motions Deadline. Extension granted through September 25, 2009. Signed by Judge James S. Moody, Jr on 9/9/2009. (LN) (Entered: September 9, 2009)
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| September 25, 2009 |
69
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MOTION for summary judgment Against Klein and Heuchan by CoStar Realty Information, Inc., CoStar Group, Inc.. (Attachments: # 1 Williams Decl. and Williams Decl. Exs. A and B, # 2 Williams Decl. Exs.
C-F, # 3 Williams Decl. Exs. G-H, # 4 Lardizabar Decl., #
5 Bell Deposition Excerpts, # 6 Klein Deposition Excerpts, #
7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3 Part 1, # 10 Exhibit 3 Part 2, # 11 Exhibit 4, # 12 Exhibit 5, # 13 Exhibit 6, # 14 Exhibit 7, # 15 Exhibit 8, # 16 Exhibit 9, # 17 Exhibit 10)(Sauers, William) (Entered: September 25, 2009)
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| October 8, 2009 |
70
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MOTION for Nicholas L. Ottaviano to withdraw as attorney by Scott Bell. (Ottaviano, Nicholas) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: October 8, 2009)
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| October 8, 2009 |
71
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Unopposed MOTION for extension of time to file response/reply as to 69 MOTION
for summary judgment Against Klein and Heuchan by Klein & Heuchan, Inc.. (Gibson, Jeffrey) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: October 8, 2009)
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| October 16, 2009 |
72
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RESPONSE in opposition re 69 MOTION for summary judgment Against Klein and
Heuchan filed by Klein & Heuchan, Inc.. (Gibson, Jeffrey) (Entered: October 16, 2009)
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| October 16, 2009 |
73
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DEPOSITION of Mark S. Klein taken on August 27, 2009 re: 72 Response in
opposition to motion by Klein & Heuchan, Inc..(Gibson, Jeffrey) (Entered: October 16, 2009)
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| October 16, 2009 |
74
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DEPOSITION of Christopher Scott Bell taken on August 20, 2009 re: 72 Response in
opposition to motion by Klein & Heuchan, Inc..(Gibson, Jeffrey) (Entered: October 16, 2009)
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| October 16, 2009 |
75
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MOTION to strike (1) Declaration of Robert Lardizabal [D.E. 69-5]; (2) Exhibits 1, 2 and 3 of COSTARs Motion for Summary Judgment [D.E. 69-8, 69-9, 69-10]; and (3) Exhibit 10 of
Declaration of Steven J. Williams [D.E. 69-4 pp.3-13] by Klein & Heuchan, Inc.. (Gibson, Jeffrey) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: October 16, 2009)
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| October 16, 2009 |
76
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NOTICE of withdrawal of motion by Klein & Heuchan, Inc. re 71 Unopposed
MOTION for extension of time to file response/reply as to 69 MOTION for summary
judgment Against Klein and Heuchan filed by Klein & Heuchan, Inc. (Gibson, Jeffrey) (Entered: October 16, 2009)
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| October 28, 2009 |
77
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ORDER granting 70 Nicholas Ottaviano's Motion to Withdraw as Counsel. See order
for details. Signed by Magistrate Judge Elizabeth A. Jenkins on 10/28/2009. (ACS) (Entered: October 28, 2009)
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| October 29, 2009 |
78
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CERTIFICATE of Counsel Local Rule 3.01(G)(Supplemental) by Jeffrey W. Gibson on behalf of Klein & Heuchan, Inc. (Gibson, Jeffrey) (Entered: October 29, 2009)
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| October 29, 2009 |
79
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NOTICE by Klein & Heuchan, Inc. re 78 Certificate of Counsel of
Withdrawal (Gibson, Jeffrey) (Entered: October 29, 2009)
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| October 29, 2009 |
80
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CERTIFICATE of Counsel Local Rule 3.01(G)(Supplemental) by Jeffrey W. Gibson on behalf of Klein & Heuchan, Inc. (Gibson, Jeffrey) (Entered: October 29, 2009)
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| October 30, 2009 |
81
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NOTICE by CoStar Realty Information, Inc., CoStar Group, Inc. re 69 MOTION for
summary judgment Against Klein and Heuchan of Filing of Corrected Exhibit (Attachments: # 1 Corrected
Declaration of Robert Lardizabal)(Sauers, William) (Entered: October 30, 2009)
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| October 30, 2009 |
82
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RESPONSE in opposition to Klein and Heuchan's Motion to Strike filed by CoStar Realty Information, Inc., CoStar Group, Inc.. (Attachments: # 1 Declaration of Robert Lardizabal)(Sauers, William) (Entered: October 30, 2009)
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