Date Filed
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#
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Docket Text
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| April 21, 2005 |
1
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COMPLAINT against Trans World Entertainment Corporation ( Filing fee $ 250 receipt number ALB000726) filed by Priddis Music, Inc..(wbl, ) (Entered: April 22, 2005)
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| April 21, 2005 |
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Summons Issued as to Trans World Entertainment Corporation. (wbl, ) (Entered: April 22, 2005)
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| April 21, 2005 |
2
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G.O. 25 FILING ORDER ISSUED Initial Conference set for 8/23/2005 09:00 AM in Albany before Magistrate Judge David R. Homer. Civil Case Management Plan due by 8/15/2005. (wbl, ) (Entered:
04/22/2005)
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| May 2, 2005 |
3
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SUMMONS Returned Executed by Priddis Music, Inc.. Trans World Entertainment Corporation served on 4/28/2005, answer due 5/18/2005. (Costello, Morgan) (Entered: May 2, 2005)
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| May 24, 2005 |
4
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NOTICE of Appearance by John M. Donohue on behalf of Trans World Entertainment Corporation (Donohue, John) (Entered: May 24, 2005)
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| May 24, 2005 |
5
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CERTIFICATE OF SERVICE by Trans World Entertainment Corporation re 4 Notice
of Appearance of J. Matthew Donohue (Donohue, John) (Entered: May 24, 2005)
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| May 24, 2005 |
6
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Letter from J. Matthew Donohue for Trans World Entertainment Corporation requesting Agreed Upon Extension of Time to Answer Complaint. (Donohue, John) (Entered: May 24, 2005)
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| May 24, 2005 |
7
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LETTER REQUEST AND ORDER Extending time to Answer or Otherwise respond to the Complaint, Answer due date updated for Trans World Entertainment Corporation answer due 6/3/2005. Signed by
Judge David R. Homer on 5/24/05. (ban) (Entered: May 25, 2005)
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| June 3, 2005 |
8
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NOTICE of Appearance by Philip J. Iovieno on behalf of Trans World Entertainment Corporation (Iovieno, Philip) (Entered: June 3, 2005)
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| June 3, 2005 |
9
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CERTIFICATE OF SERVICE by Trans World Entertainment Corporation (Iovieno, Philip) (Entered: June 3, 2005)
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| June 3, 2005 |
10
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MOTION to Dismiss Partially Motion Hearing set for 7/22/2005 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by 7/5/2005 Reply to Response to Motion due by
7/11/2005. by Trans World Entertainment Corporation. (Attachments: # 1
Memorandum of Law in Support of Motion to Partially Dismiss# 2 Appendix
Copies of Cases Reported Exclusively on Computerized Databases Exhibits 1 through 4# 3 Appendix Copies of Cases Reported Exclusively on Computerized Databases Exhibits 5
through 6# 4 Declaration of J. Matthew Donohue# 5 Exhibit(s) A to Donohue Declaration# 6 Exhibit(s) B through F to Donohue Declaration)(Iovieno, Philip) (Entered:
06/03/2005)
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| June 3, 2005 |
11
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CERTIFICATE OF SERVICE by Trans World Entertainment Corporation Notice of Motion to Partially Dismiss (Iovieno, Philip) (Entered: June 3, 2005)
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| June 28, 2005 |
12
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Letter from Morgan A. Costello for Priddis Music, Inc. requesting Adjournment of Motion Hearing Date and Briefing Deadlines submitted to Judge David N. Hurd. (Costello, Morgan) (Entered:
06/28/2005)
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| June 30, 2005 |
13
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Endorsement ORDER granting the 12 Letter Request filed by Priddis Music,
Inc. Signed by Judge David N. Hurd on 6/29/2005. (see) (Entered: June 30, 2005)
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| June 30, 2005 |
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Set/Reset Deadlines as to 10 MOTION to Dismiss Partially. Response to
Motion due by 7/15/2005 Reply to Response to Motion due by 8/1/2005. Motion Hearing set for 8/26/2005 10:00 AM in Albany before Judge David N. Hurd. (see) (Entered: June 30, 2005)
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| June 30, 2005 |
14
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Served a file stamped copy of the 13 Order upon non-CM/ECF participants by
regular mail on 6/30/2005. (see) (Entered: June 30, 2005)
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| July 15, 2005 |
15
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RESPONSE in Opposition re 10 MOTION to Dismiss Partially filed by
Priddis Music, Inc.. (Costello, Morgan) (Entered: July 15, 2005)
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| July 15, 2005 |
16
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CERTIFICATE OF SERVICE by Priddis Music, Inc. re 15 Response in Opposition
to Motion (Costello, Morgan) (Entered: July 15, 2005)
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| August 1, 2005 |
17
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REPLY to Response to Motion re 10 MOTION to Dismiss Partially filed
by Trans World Entertainment Corporation. (Iovieno, Philip) (Entered: August 1, 2005)
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| August 1, 2005 |
18
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CERTIFICATE OF SERVICE by Trans World Entertainment Corporation Reply Memorandum to Paintiff's Opposition to Motion to Partially Dismiss The Complaint (Iovieno, Philip) (Entered:
08/01/2005)
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| August 18, 2005 |
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NOTICE of Hearing on Motion 10 MOTION to Dismiss Partially: Video
Motion Hearing set for 8/26/2005 10:00 AM, 1st Floor Video Conference Room in Albany before Judge David N. Hurd. Appearance required. Please adjust your calendars to reflect this
change.(cmr, ) (Entered: August 18, 2005)
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| August 18, 2005 |
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Set/Reset Deadlines as to 10 MOTION to Dismiss Partially. Video
Motion Hearing set for 8/26/2005 10:00 AM, 1st Floor Video Conference Room in Albany before Judge David N. Hurd. (cmr, ) (Entered: August 18, 2005)
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| August 22, 2005 |
19
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CIVIL CASE MANAGEMENT PLAN by Priddis Music, Inc.. (Costello, Morgan) (Entered: August 22, 2005)
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| August 23, 2005 |
22
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Minute Entry for proceedings held before Judge David R. Homer : Initial Pretrial Conference held on 8/23/2005. Appearances by Ken Gellhaus, Esq. and Morgan Costello, Esq. representing
Priddis Music and Matt Donohue, Esq. and Phil Loveno, Esq. representing Trans World Entertainment. A pretrial scheduling order was issued. (ban) (Entered: September 1, 2005)
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| August 26, 2005 |
20
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ORDER, that deft's motion to dismiss the 1st & 6th Causes of Action, for Fraud & Conversion respectively, is GRANTED; that the 1st & 6th Causes of Action are DISMISSED; that
deft's motion to dismiss the 5th Cause of Action for Unjust Enrichment is DENIED; that pltf's request for punitive damages is DISMISSED; that pltf has withdrawn the 3rd Cause of Action for
Breach Good Faith & Fair Dealing & its request for atty's fees, & thus, those claims are DISMISSED; & that deft shall file & serve an answer to the 2nd, 4th, & 5th
Causes of Action on or before 9/9/2005.Signed by Judge David N. Hurd on 8/26/2005. (see) (Entered: August 26, 2005)
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| August 29, 2005 |
21
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Minute Entry for proceedings held before Judge David N. Hurd : Video Motion Hearing held on 8/26/2005 re 10 MOTION to Dismiss Partially filed by Trans World Entertainment
Corporation, GRANTED IN PART/DENIED IN PART. Summary order to be filed. (Court Reporter Nancy Freddoso) (cmr, ) (Entered: August 29, 2005)
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| August 31, 2005 |
23
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UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: 5 days. Preferred Trial Location: Albany. Joinder of Parties due by 11/1/2005. Amended Pleadings due by 11/1/2005. Discovery
due by 6/1/2006. Motions to be filed by 8/1/2006. Deadline for completion of mediation is 12/1/2005. Signed by Judge David R. Homer on 8/31/05. (ban) (Entered: September 1, 2005)
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| September 9, 2005 |
24
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ANSWER to Complaint with Jury Demand, COUNTERCLAIM against Priddis Music, Inc. by Trans World Entertainment Corporation.(Iovieno, Philip) (Entered: September 9, 2005)
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| September 9, 2005 |
25
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CERTIFICATE OF SERVICE by Trans World Entertainment Corporation (Iovieno, Philip) (Entered: September 9, 2005)
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| September 20, 2005 |
26
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STIPULATION Selecting Neutral by Priddis Music, Inc., Trans World Entertainment Corporation selecting James Potter, Esq. as Mediator.(Gellhaus, Kenneth) (Entered: September 20, 2005)
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| October 6, 2005 |
27
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Reply ANSWER to Counterclaim by Priddis Music, Inc..(Gellhaus, Kenneth) (Entered: October 6, 2005)
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| February 8, 2006 |
28
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STATUS REPORT NOTICE. Status Report due by 2/23/2006. Signed by Judge David R. Homer on 2/8/06. (ban) (Entered: February 9, 2006)
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| February 22, 2006 |
29
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STIPULATION Confidentiality Stipulation and Order by Trans World Entertainment Corporation submitted to Judge Hon. David R. Homer. (Donohue, J.) (Entered: February 22, 2006)
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| February 22, 2006 |
30
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CERTIFICATE OF SERVICE by Trans World Entertainment Corporation regarding Confidentiality Stipulation and Order (Donohue, J.) (Entered: February 22, 2006)
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| February 24, 2006 |
31
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STATUS REPORT Letter re: discovery and settlement discussions by Priddis Music, Inc.. (Gellhaus, Kenneth) (Entered: February 24, 2006)
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| February 27, 2006 |
32
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ORDER granting the 29 Confidentiality Stipulation filed by Trans World
Entertainment Corporation. Signed by Judge David N. Hurd on 2/27/2006. (see) (Entered: February 28, 2006)
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| February 28, 2006 |
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Served a copy of the 32 Order on non-CM/ECF participating Atty Gelhaus by
regular mail on 2/28/2006. (see) (Entered: February 28, 2006)
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| March 1, 2006 |
33
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Letter Motion from Morgan A. Costello for Priddis Music, Inc. requesting Modification of Scheduling Order to Extend Expert Disclosure Deadlines submitted to Judge Homer. (Costello, Morgan)
(Entered: March 1, 2006)
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| March 2, 2006 |
34
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ORDER granting 33 Letter Request. The motion filing ddl remains 8/1/06 .
Signed by Judge David R. Homer on 3/2/06. (wjg, ) (Entered: March 3, 2006)
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| April 26, 2006 |
35
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NOTICE by Trans World Entertainment Corporation of Withdrawal of Attorney J. Matthew Donohue. (Donohue, J.) (Entered: April 26, 2006)
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| April 26, 2006 |
36
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NOTICE of Appearance by Robert Charles Tietjen on behalf of Trans World Entertainment Corporation (Tietjen, Robert) (Entered: April 26, 2006)
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| April 26, 2006 |
37
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NOTICE of Appearance by Michael I. Endler on behalf of Trans World Entertainment Corporation (Endler, Michael) (Entered: April 26, 2006)
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| April 26, 2006 |
38
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CERTIFICATE OF SERVICE by Trans World Entertainment Corporation for the Notice of Withdrawal for J. Matthew Donohue and the Notice of Appearance for Robert Tietjen and Michael
Endler. (Endler, Michael) (Entered: April 26, 2006)
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| April 26, 2006 |
39
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Letter Motion for Priddis Music, Inc. requesting Conference to resolve discovery issues submitted to Judge Homer. (Gellhaus, Kenneth) (Entered: April 26, 2006)
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| April 27, 2006 |
40
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COURT NOTICE setting Pretrial Discovery Conference for 5/4/2006 at 02:30 PM in Albany before Magistrate Judge David R. Homer. (amt, ) (Entered: April 27, 2006)
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| May 1, 2006 |
41
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RESPONSE TO LETTER BRIEF filed by Trans World Entertainment Corporation as to 40 Notice of Hearing and in Response to Plaintiff's letter to the Court dated
April 26, 2006.. (Endler, Michael) (Entered: May 1, 2006)
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| May 1, 2006 |
42
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CERTIFICATE OF SERVICE by Trans World Entertainment Corporation regarding letter to Hon. David Homer (Endler, Michael) (Entered: May 1, 2006)
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| May 9, 2006 |
43
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Letter Motion for Priddis Music, Inc. requesting an extension of time to complete discovery submitted to Judge Homer. (Hall, Michael) (Entered: May 9, 2006)
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| May 11, 2006 |
44
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ORDER granting 43 Letter Request for an extension of time to complete
discovery; Discovery due by 8/1/2006. Motions to be filed by 10/1/2006. Trial Ready Deadline is 10/15/2006. Signed by Judge David R. Homer on 5/11/06. (amt, ) Modified on 5/11/2006 (tab, ).
(Entered: May 11, 2006)
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| July 19, 2006 |
45
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Letter Motion from Robert C. Tietjen for Trans World Entertainment Corporation requesting a telephone conference to discuss ongoing discovery diputes submitted to Judge David R. Homer.
(Attachments: # 1 Exhibit(s) A-I to Judge Homer Letter)(Tietjen, Robert)
(Entered: July 19, 2006)
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| July 21, 2006 |
46
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Letter Motion for Priddis Music, Inc. submitted to Judge Homer. (Gellhaus, Kenneth) (Entered: July 21, 2006)
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| July 21, 2006 |
47
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Letter Motion from Robert C. Tietjen for Trans World Entertainment Corporation requesting in response to Plaintiff's letter filed with the Court submitted to Judge Homer. (Tietjen, Robert)
(Entered: July 21, 2006)
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| July 24, 2006 |
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Minute Entry for proceedings held before Judge David R. Homer. A Telephone Conference was held on-the-record on 7/21/2006 with Kenneth Gellhaus for plaintiff and Robert Tietjen for
defendant. Defendant requested an order to compel. That request was denied. The discovery deadline was extended to 9/1/06. All other deadlines will remain the same and no further extensions
will be granted. A written order will be entered. (lah, ) (Entered: July 24, 2006)
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| July 24, 2006 |
48
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ORDER. The Defendants request for an order compelling plaintiff to serve supplemental responses to defendants interrogatories is DENIED. Discovery due by 9/1/2006. Motions to be filed by
10/1/2006. No further extension deadlines in this case will be granted. Signed by Judge David R. Homer on 7/24/06. (ban) (Entered: July 27, 2006)
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| September 15, 2006 |
49
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Witness List by Priddis Music, Inc.. (Attachments: # 1 Affidavit Certificate
of E-File)(Hall, Michael) (Entered: September 15, 2006)
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| September 15, 2006 |
50
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Witness List by Trans World Entertainment Corporation. (Tietjen, Robert) (Entered: September 15, 2006)
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| September 15, 2006 |
51
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CERTIFICATE OF SERVICE by Trans World Entertainment Corporation for Defendant's Rule 26(a)(3) Pre-Trial Disclosures (Tietjen, Robert) (Entered: September 15, 2006)
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| September 28, 2006 |
52
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ORDER setting Settlement Conference for 10/20/2006 at 09:30 AM in Albany before Magistrate Judge David R. Homer. (pta ) (Entered: September 28, 2006)
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| September 28, 2006 |
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Clerk served Order setting Settlement Conference 52 on the Non NEF parties
by regular mail (pta ) (Entered: September 28, 2006)
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| October 2, 2006 |
53
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MOTION for Summary Judgment by Defendant/ Counter-Claim Plaintiff TWEC Motion Hearing set for 11/24/2006 10:00 AM in Albany before Judge David N. Hurd. Response to Motion due by
11/7/2006 Reply to Response to Motion due by 11/13/2006. by Trans World Entertainment Corporation. (Attachments: # 1 Memorandum of Law in Support of Motion for Summary Judgment# 2 Statement of Material Facts in Support of Motion for Summary Judgment# 3 Supplement Cases Reported Exclusively on Computerized Databases# 4 Declaration of Robert C. Tietjen# 5 Exhibit(s) A through E to Declaration# 6 Exhibit(s) F through H to Declaration# 7 Exhibit(s) I through K to Declaration# 8 Exhibit(s) L through M to Declaration# 9 Exhibit(s) N through O to Declaration# 10 Exhibit(s) P through GG to Declaration# 11 Certificate of Service)(Tietjen, Robert) (Entered: October 2, 2006)
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| October 5, 2006 |
54
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LETTER BRIEF regarding scheduling issues by Priddis Music, Inc.. (Hall, Michael) (Entered: October 5, 2006)
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| October 6, 2006 |
55
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ORDER endorsing 54 memo of understanding. Signed by Judge David N. Hurd on
10/6/06. (cbm, ) (Entered: October 6, 2006)
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| October 19, 2006 |
56
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Letter Motion from Plaintiff for Priddis Music, Inc. requesting Response to plaintiff's settlement demand submitted to Judge Homer. (Hall, Michael) (Entered: October 19, 2006)
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| October 19, 2006 |
57
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NOTICE by Priddis Music, Inc. Notice of Withdrawal of Morgan A. Costello, Esq. as attorney for plaintiff (Hall, Michael) (Entered: October 19, 2006)
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| October 19, 2006 |
58
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RESPONSE TO LETTER BRIEF filed by Trans World Entertainment Corporation as to 56 Letter Request/Motion filed by Priddis Music, Inc.,. (Attachments: # 1 Certificate of Service)(Tietjen, Robert) (Entered: October 19, 2006)
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| October 23, 2006 |
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Minute Entry for proceedings held before Judge David R. Homer. A Settlement Conference was held on 10/20/2006 with counsel for all parties. A settlement was reached and a judgment
dismissing case by reason of settlement will be entered by the court. (lah, ) (Entered: October 23, 2006)
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| October 24, 2006 |
59
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JUDGMENT Dismissing Action By Reason of Settlement. (see) (Entered: October 24, 2006)
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| November 17, 2006 |
60
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Letter Motion for Priddis Music, Inc. requesting Deadline to reopen case be extended 2 weeks until 12/8/06 submitted to Judge Homer. (Hall, Michael) (Entered: November 17, 2006)
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| November 20, 2006 |
61
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ORDER granting 60 Letter Request. Deadline to reopen case extended to
12/8/06. Signed by Judge David R. Homer on 11/20/06. (ban) (Entered: November 20, 2006)
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