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Date Filed
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#
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Docket Text
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| August 16, 2005 |
1
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TRANSFER ORDER from MDL Panel establishing MDL 1703. (dmkf, ) (Entered: August 23, 2005)
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| August 30, 2005 |
2
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MINUTE entry before Judge John F. Grady : Enter practice and procedure order upon transfer pursuant to 28 U.S.C. 1407(a). Mailed notice (mjc, ) (Entered: September 2, 2005)
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| August 30, 2005 |
3
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PRACTICE and Procedure Order Upon Transfer Pursuant to 28 U.S.C. 1407(a). Signed by Judge John F. Grady on 8/30/2005.(mjc, ) (Entered: September 2, 2005)
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| August 30, 2005 |
4
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MINUTE entry before Judge John F. Grady : Status hearing set for 9/14/2005 at 02:00 PM. Mailed notice (am) (Entered: September 8, 2005)
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| August 30, 2005 |
7
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PRACTICE AND PROCEDURE ORDER UPON TRANSFER PURSUANT TO 28 U.S.C. 1407 (a) Signed by Judge John F. Grady on 8/30/2005.(mjc, ) (Entered: September 14, 2005)
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| September 8, 2005 |
6
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MINUTE entry before Judge John F. Grady : Enter paractice and procedure order upon transfer pursuant to 28 U.S.C. 1407(a)(originally entered on 8/30/05; now including Schedules A and B
attached). Judicial staff mailed notice (mjc, ) (Entered: September 14, 2005)
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| September 9, 2005 |
5
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MINUTE entry before Judge John F. Grady : By request of parties, initial status conference date of 9/14/05 is reset for 9/28/2005 at 2:00 PM. Further, the time for counsel to submit
agenda for conference is extended until 9/23/2005. Mailed notice (am) (Entered: September 9, 2005)
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| September 27, 2005 |
8
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MINUTE entry before Judge John F. Grady : Status hearing is reset for 10/19/2005 at 2:00 PM. Further, the time for counsel to submit agenda for conference is extended until 10/14/2005.
Mailed notice (am) (Entered: September 27, 2005)
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| October 14, 2005 |
9
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Plaintiffs' Proposed Conference Agenda for October 19, 2005 by Sears, Roebuck & Company Tools Marketing and Sales Practices Litigation (Sprengel, Jennifer) (Entered: October 14, 2005)
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| October 14, 2005 |
10
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Defendant's Proposed Conference Agenda for October 19, 2005 by Sears, Roebuck & Co. (Ferak, Paul) (Entered: October 14, 2005)
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| October 14, 2005 |
11
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NOTICE by Sears, Roebuck & Co. re other 10 Proposed Conference Agenda for October 19, 2005 (Ferak, Paul) (Entered:
10/14/2005)
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| October 19, 2005 |
12
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MINUTE entry before Judge John F. Grady : Enter pretrial order No. 1: Plaintiffs my have until 11/18/05 to move to reconsider the denial of their motion to remand Santamarina v. Sears,
2:05-CV-3030 (C.D. Cal.). Defendant may have until 12/16/05 to respond and plaintiffs may have until 1/13/06 to reply. Mailed notice (mjc, ) (Entered: October 21, 2005)
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| October 20, 2005 |
13
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PRETRIAL Order No. 1 Signed by Judge John F. Grady on 10/20/2005.(mjc, ) (Entered: October 21, 2005)
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| November 14, 2005 |
14
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MINUTE entry before Judge John F. Grady : Enter memorandum opinion: Defendant's motion to dismiss for failure to state a claim in Anderson v. Sears, Roebuck & Co, No. 25-2623 is
granted. Status hearing set for 11/30/2005 at 11:30 a.m. Mailed notice (mjc, ) (Entered: November 16, 2005)
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| November 14, 2005 |
15
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MEMORANDUM Opinion Signed by Judge John F. Grady on 11/14/2005.(mjc, ) (Entered: November 16, 2005)
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| November 28, 2005 |
16
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MINUTE entry before Judge John F. Grady : By request of parties, status hearing date of 11/30/2005 is reset for 12/1/2005 at 10:00 AM. Mailed notice (am) (Entered: November 28, 2005)
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| November 29, 2005 |
17
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MOTION by Jeffrey Greenfield for leave to appear as Additional Appearance (Attachments: # 1 Exhibit Appearance form# 2 Certificate of Service Certificate of Service)Associated Cases:
1:05-cv-04742,1:05-cv-02623,1:05-cv-02627,1:05-cv-02852,1:05-cv-04743,1:05-cv-04744, 1:05-cv-04745,1:05-cv-05881(Robinson, Aron) (Entered: November 29, 2005)
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| November 29, 2005 |
18
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NOTICE of Motion by Aron David Robinson for presentment of motion for leave to appear, 17 before Honorable John F. Grady on
12/7/2005 at 11:00 AM. (Attachments: # 1 Certificate of Service Certificate of Service)(Robinson, Aron) (Entered: November 29, 2005)
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| December 1, 2005 |
19
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MINUTE entry before Judge John F. Grady : Enter pretrial order no. 2: Status hearing held and continued to 1/4/2006 at 11:30 a.m. Plaintiffs are given leave to file an amended complaint
by 12/21/05. Mailed notice (mjc, ) (Entered: December 5, 2005)
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| December 1, 2005 |
20
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PRETRIAL Order No. 2 Signed by Judge John F. Grady on 12/1/2005.(mjc, ) (Entered: December 5, 2005)
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| January 4, 2006 |
21
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MINUTE entry before Judge John F. Grady : Enter pretrial order no. 3: Status hearing held. Attorney Aron Robinson is given leave to file additional appearance on behalf of plaintiff,
Jeffrey Greenfield. Defendant is given until 2/1/06 to file its motion to dismiss; plaintiffs' response due by 3/1/06. Reply is due by 3/22/06. Further, discovery shall proceed without
delay. Mailed notice (mjc, ) (Entered: January 9, 2006)
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| January 4, 2006 |
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Plaintiffs' response due by 3/1/2006. Reply is due by 3/22/2006. (mjc, ) (Entered: January 9, 2006)
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| January 4, 2006 |
22
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PRETRIAL Order No. 3 Signed by Judge John F. Grady on 1/4/2006.(mjc, ) (Entered: January 9, 2006)
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| January 4, 2006 |
23
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ATTORNEY Appearance for Jeffrey Greenfield by Aron David Robinson (gma, ) (Entered: March 1, 2006)
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| March 1, 2006 |
24
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MINUTE entry before Judge John F. Grady : Enter pretrial order no. 4. regarding defendant's motion for entry of a case management order. Mailed notice (mjc, ) (Entered: March 3, 2006)
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| March 1, 2006 |
25
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PRETRIAL Order No. 1 Signed by Judge John F. Grady on 3/1/2006.(mjc, ) (Entered: March 3, 2006)
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| May 17, 2006 |
26
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MINUTE entry before Judge John F. Grady : Defendant's motion for partial dismissal of the amended consolidated class action complaint 17 is granted in part and denied in part. Counts I and II are dismissed with prejudice as to all plaintiffs except William Beanblossom
and John S. Bertrand. Count VII is dismissed with prejudice as to all plaintiffs. A status hearing is set for June 7, 2006, at 2:00 p.m. to discuss how next to proceed. By June 5, 2006,
the parties should file cross-memoranda, limited to three pages, setting forth their respective views of the issues to be discussed at the status hearing. ENTER MEMORANDUM OPINION. Mailed
notice (mjc, ) (Entered: May 19, 2006)
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| May 17, 2006 |
27
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MEMORANDUM Opinion Signed by Judge John F. Grady on 5/17/2006.(mjc, ) (Entered: May 19, 2006)
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| May 24, 2006 |
28
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MINUTE entry before Judge John F. Grady : By request of parties, status hearing date of 6/7/2006 is reset to 6/6/2006 at 2:00 PM. Mailed notice (am) (Entered: May 25, 2006)
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| June 2, 2006 |
29
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Agenda for Case Status Conference by Larry Steven Anderson, Jr (Sprengel, Jennifer) (Entered: June 2, 2006)
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| June 7, 2006 |
30
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TRANSCRIPT of proceedings - status for the following dates: 10/19/05; Before the Honorable John F. Grady. (mjc, ) (Entered: June 8, 2006)
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| June 8, 2006 |
31
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MINUTE entry before Judge John F. Grady : Enter pretrial order no. 5: A status conference was held in open court on 6/6/06 and is continued to 7/19/06 at 2:00 p.m. Plaintiffs are given
leave to file an amended consolidated complaint by 6/27/06. Mailed notice (mjc, ) (Entered: June 12, 2006)
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| June 8, 2006 |
32
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PRETRIAL Order No. 5 Signed by Judge John F. Grady on 6/8/2006.(mjc, ) (Entered: June 12, 2006)
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| July 25, 2006 |
33
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ATTORNEY Appearance for Sears, Roebuck & Co. by John F. Gibbons (Gibbons, John) (Entered: July 25, 2006)
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| July 31, 2006 |
34
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MINUTE entry before Judge John F. Grady : ENTER PRETRIAL ORDER NO. 6: Status hearing held on July 19, 2006. Defendant is given until August 18, 2006 to file its motion to dismiss Count
IV, plaintiffs may respond by September 15, 2006, and defendants may reply by October 6, 2006. The Court will set a date for further status conference when it rules on defendant?s motion
to dismiss Count IV. [For further detail see separate order(s).] Mailed notice (ar, ) (Entered: August 1, 2006)
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| July 31, 2006 |
35
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PRETRIAL Order No. 6, signed by Judge John F. Grady on 7/31/2006 34 .Mailed notice(ar, ) (Entered: August 1, 2006)
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| August 31, 2006 |
36
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TRANSCRIPT of proceedings for the following dates: 7/19/06; Before the Honorable John F. Grady. (mjc, ) (Entered: September 1, 2006)
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| October 17, 2006 |
37
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TRANSCRIPT of proceedings for the following dates: 12/1/05; Before the Honorable John F. Grady. (mjc, ) (Entered: October 18, 2006)
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| December 18, 2006 |
38
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MINUTE entry before Judge John F. Grady :Defendant's motion to dismiss plaintiffs' unjust enrichment claims brought pursuant to Illinois law in Count IV of the Second Amended Consolidated
Class Action Complaint filed in Chatham v. Sears, Roebuck & Co., 05 C 2623, is granted. The non-Illinois plaintiffs' unjust enrichment claims in Count IV that are brought "under the
unjust enrichment laws of the state of Illinois" are dismissed with prejudice. Plaintiff William Beanblossom's unjust enrichment claim is dismissed without prejudice. A status hearing is
set for January 10, 2007, at 11:30 a.m. to discuss the nextsteps in this litigation. ENTER MEMORANDUM OPINION.Mailed notice (mjc, ) (Entered: December 20, 2006)
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| December 18, 2006 |
39
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MEMORANDUM OPINION Signed by Judge John F. Grady on 12/18/2006.(mjc, ) (Entered: December 20, 2006)
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| January 10, 2007 |
40
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MINUTE entry before Judge John F. Grady :Status hearing held on 1/10/2007. Plaintiff is granted leave to file an amended complaint on or before 1/31/07. Plaintiffs' motion for class
certification to be filed on or before 2/16/07; response due by 3/16/07; reply due by 3/30/07. The Court will take said motion under advisement.Mailed notice (jlj, ) (Entered: January 11, 2007)
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| January 24, 2007 |
41
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NOTICE by Elizabeth A. Fegan of Change of Address (Fegan, Elizabeth) (Entered: January 24, 2007)
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| February 28, 2007 |
42
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MINUTE entry before Judge John F. Grady : Defendant's motion to dismiss twenty-three plaintiffs' claims with prejudice 122 is granted. The claims of plaintiffs David Hazard, Janett
Foster, Jim Rooney, Neoma Manion, Gary Larson, Carol Genzano, Charles Velez, Arlene Brown, Susan Sybenga, Michael Hollenbeck, Bart Wright, Tammy Cyr, Larry Stewart, Sandra Bedell, Dilinda
Brown, Thomasand Kaye Rodden, Johna Cochran, Charlene Wimbish, Thom Casto, Jerry Asbury, and Joseph Foss in Counts III, IV and VI of the third amended complaint are dismissed with
prejudice. The claims of William Beanblossom in Counts I, II, III, IV, and VI of the third amended complaint are dismissed with prejudice.Mailed notice (mjc, ) (Entered: March 2, 2007)
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| February 28, 2007 |
43
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MINUTE entry before Judge John F. Grady : Motion for class certification to be filed on or before 03/09/07. Response to said motion due by 04/09/07; reply due by 04/23/07. Parties are
granted leave to file memorandum briefs in excess of 15 pages, but no more than 40 pages. Status hearing set for 03/21/07 at 11:00 am.Mailed notice (mjc, ) (Entered: March 2, 2007)
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| March 15, 2007 |
44
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MINUTE entry before Judge John F. Grady :Status hearing set for 03/21/07 stricken. Status hearing set for 4/4/2007 at 11:00 AM. Plaintiffs may have until 03/23/07 to file their motion for
class certification; responses due by 4/23/2007; replies due by 5/7/2007.Mailed/Telephoned notice (jlj, ) (Entered: March 15, 2007)
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| May 2, 2007 |
45
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PROTECTIVE Order Signed by Judge John F. Grady on 5/2/2007.(mjc, ) (Entered: May 3, 2007)
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| November 5, 2007 |
46
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TRANSCRIPT of proceedings for the following dates: 1/10/07; Before the Honorable John F. Grady. (Document not scanned) (mjc, ) (Entered: November 6, 2007)
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| December 4, 2007 |
47
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MINUTE entry before Judge John F. Grady : Plaintiffs have failed to establish that the prerequisites of Rule 23 are satisfied, plaintiffs' motion for class certification is denied. A
status hearing is set for December 19, 2007, at 11:00 a.m. to discuss the next steps in this litigation. ENTER MEMORANDUM OPINION.Mailed notice (mjc, ) (Entered: December 5, 2007)
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| December 4, 2007 |
48
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MEMORANDUM Opinion Signed by Judge John F. Grady on 12/4/2007.(mjc, ) (Entered: December 5, 2007)
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| December 20, 2007 |
49
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MINUTE entry before Judge John F. Grady :Status hearing held on 12/20/2007 and continued generally.Mailed notice (jlj, ) (Entered: December 20, 2007)
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| March 12, 2008 |
50
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MINUTE entry before Judge John F. Grady :Status hearing held on 3/12/2008 and continued to 5/7/2008 at 11:00 a.m.Mailed notice (jlj, ) (Entered: March 12, 2008)
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| May 6, 2008 |
51
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MINUTE entry before Judge Honorable John F. Grady:By agreement of the parties, status hearing set for 05/07/08 stricken and reset to 6/25/2008 at 11:00 a.m.Mailed notice (jlj, ) (Entered:
05/06/2008)
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| May 8, 2008 |
52
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MINUTE entry before Judge Honorable John F. Grady:The Court sees no reason to delay this proceeding because of the pending appeal in case Thorogood v. Sears Roebuck & Co. Accordingly,
the order of 05/06/08 continuing the status conference to 06/25/08 is vacated and a status hearing is set for 05/14/08 at 10:30 a.m.Mailed notice (jlj, ) (Entered: May 8, 2008)
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| May 14, 2008 |
53
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MINUTE entry before the Honorable John F. Grady: Status hearing held. The defendant to file superseding motions to dismiss with a supporting memorandum by 06/13/08 which raise issues not
previously ruled on by this court. Response by the plaintiff due by 07/18/08; reply by the defendant due 08/15/08.Mailed notice (mjc, ) (Entered: May 19, 2008)
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| July 2, 2008 |
54
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MINUTE entry before the Honorable John F. Grady: Hearing on Sears, Roebuck and Co.'s motion to dismiss nine plaintiffs' claims in the third amended complaint held. Response to Sears,
Roebuck and Co.'s motion to dismiss nine plaintiffs' claims in the third amended complaint due by 08/01/08; reply due by 08/29/08. Hearing on defendant's motion for leave to file
instanter a memorandum in support of the motion to dismiss in excess of 15 pages held. Defendant's motion for leave to file instanter a memorandum in support of the motion to dismiss in
excess of 15 pages is granted. Plaintiffs are given leave to file a response brief in excess of 15 pages, but limited to 35 pages. Defendant given leave to file a reply brief in excess of
15 pages, but limited to 21 pages. Mailed notice (gcy, ) (Entered: July 9, 2008)
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| July 23, 2008 |
55
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MINUTE entry before the Honorable John F. Grady: Status hearing set for 7/30/2008 at 10:30 a.m.Mailed notice (jlj, ) (Entered: July 23, 2008)
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| July 30, 2008 |
56
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MINUTE entry before the Honorable John F. Grady: Status hearing held. Hearing on plaintiffs' unopposed motion for extension of time to file their response todefendant's motion to dismiss
Nine Plaintiffs' claims in the 3rd amended complaint held. Plaintiffs unopposed motion for extension of time to file their response to defendant's motion to dismiss Nine Plaintiffs'
claims in the 3rd amended complaint is granted, and plaintiffs are excused from filing the response until further order of court. The current briefing schedule on defendant's motion to
dismiss is suspended. In lieu there of, the following schedule is set for a motion by defendant to dismiss for lack of subject matter jurisdiction. Defendant to file its motion and
memorandum in support by 08/29/08. Response due by 09/30/08; reply due by 10/17/08.Mailed notice (mjc, ) (Entered: August 5, 2008)
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| November 6, 2008 |
57
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MINUTE entry before the Honorable John F. Grady: Briefing on defendant's motion to dismiss nine plaintiffs' claims will now proceed. Plaintiffs' response to defendant's motion shall be
filed by December 12, 2008, and defendant's reply shall be filed by January 9, 2009. [For further details see minute order] Mailed notice (mjc, ) (Entered: November 7, 2008)
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| April 6, 2009 |
58
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MINUTE entry before the Honorable John F. Grady: The motion of defendant Sears, Roebuck & Company to dismiss nine plaintiffs' claims in the third amended complaint is granted in large
part and denied only as to the unjust enrichment claim of Stephen Jolley. The statutory fraud claims of Jolley and Oates are dismissed without prejudice, with leave to amend by April 21,
2009. The remaining claimsof plaintiffs Chatham, Layton, Pistorius, DeSautell, Oates, Hurst, and the Freids are dismissed with prejudice. The claims of Larry Steven Anderson Jr. are
considered to be voluntarily dismissed. A status hearing is set for April 22, 2009, at 11:00 a.m. to discuss further proceedings in this litigation. [For further details see Memorandum
Opinion.]Mailed notice (mjc, ) (Entered: April 7, 2009)
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| April 6, 2009 |
59
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MEMORANDUM Opinion Signed by the Honorable John F. Grady on 4/6/2009.(mjc, ) (Entered: April 7, 2009)
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| April 9, 2009 |
60
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MINUTE entry before the Honorable John F. Grady:Status hearing set for 4/22/09 is stricken and reset to 5/13/2009 at 11:00 a.m.Mailed notice (jlj, ) (Entered: April 9, 2009)
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| May 11, 2009 |
61
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MINUTE entry before the Honorable John F. Grady:Status hearing set for 5/13/2009 at 11:00 a.m. is stricken and reset to 5/13/2009 at 9:30 a.m. due to the trial schedule of this
court.Mailed notice (jlj, ) (Entered: May 11, 2009)
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| October 20, 2009 |
62
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MINUTE entry before the Honorable John F. Grady: Plaintiff Stephen Jolley's motion for certification of a Pennsylvania class 250 is denied. Plaintiff Curtis Oates's motion for
certification of an Indiana class 253 is denied. Defendant Sears, Roebuck & Co.'s motion to limit Jolley's recovery on his unjust enrichment claim 248 , which is construed as a motion
to strike Jolley's prayer for relief tothe extent that it seeks disgorgement of Sears's profits relating to other consumers' transactions, is granted. A status hearing is set for November
4, 2009, at 11:00 a.m. ENTER MEMORANDUM OPINION. [For further details see separate order.]Mailed notice (mjc, ) (Entered: October 21, 2009)
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| October 20, 2009 |
63
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MEMORANDUM Opinion Signed by the Honorable John F. Grady on 10/20/2009.(mjc, ) (Entered: October 21, 2009)
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| November 2, 2009 |
64
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MINUTE entry before the Honorable John F. Grady:Due to the trial schedule of this court, status hearing set for 11/4/2009 at 10:30 a.m. is reset to be heard at 9:30 a.m.Mailed notice
(jlj, ) (Entered: November 2, 2009)
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| November 4, 2009 |
65
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MINUTE entry before the Honorable John F. Grady: Status conference held on November 4, 2009 regarding next steps in this case. Colloquy held concerning possible appeal byplaintiffs
pursuant to 28 U.S.C. § 1292(b) as well as a proposed briefing schedule. Upon further reflection, the court believes there may be a more expeditious method of concluding these cases in
this court and readying them for appeal. What the court has in mind is the possibility of a bifurcated trial of the two remaining cases before a single jury, with separate verdicts
rendered as to each plaintiff. This would make possible a single appeal involving all remaining issues, including the class action issues. The briefing schedule set for a § 1292(b) motion
is stricken, and a further status conference is set for November 10, 2009, at 10:30 a.m. to discuss this alternate possibility. The parties should also be prepared to discuss what
discovery remains in order to prepare for trial.Mailed notice (mjc, ) (Entered: November 6, 2009)
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| November 9, 2009 |
66
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MINUTE entry before the Honorable John F. Grady:By agreement of the parties, status hearing set for 11/10/2009 is stricken and reset to 11/18/2009 at 10:30 a.m.Mailed/Telephoned notice
(jlj, ) (Entered: November 9, 2009)
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| November 18, 2009 |
67
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MINUTE entry before the Honorable John F. Grady: Status hearing held and continued to 1/20/2010 at 10:30 a.m. Plaintiffs' memorandum as to their suggested trial procedure is due by
12/2/2009. Defendants shall respond by 12/9/2009. Plaintiffs may file a sur-reply by 12/14/2009. The status of pretrial discovery will be discussed at the status conference to be held on
January 20, 2010. For further details see minute order. Mailed notice. (jj, ) (Entered: November 20, 2009)
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