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Date Filed
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#
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Docket Text
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| October 7, 2005 |
1
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NOTICE OF REMOVAL by USA Cycling, Inc., from Tucker County Circuit Court, case number 05-C-34. (Filing fee $ 250 ), filed by USA Cycling, Inc. (Attachments: # 1 State Court Papers)(mji, ) (Entered: October 7, 2005)
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| October 7, 2005 |
2
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Filing fee: $ 250.00, receipt number 46700. (mji, ) (Entered: October 7, 2005)
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| October 14, 2005 |
3
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Defendant, USA Cycling, Inc.'s ANSWER to Complaint by USA Cycling, Inc..(Beaver, Richard) (Entered: October 14, 2005)
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| February 15, 2006 |
4
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FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: Rule 26 Meeting to be held by 3/22/2006. Rule 26 Meeting Report due by 3/29/2006. Scheduling Conference set for 4/12/2006 11:00
AM in Judge Maxwell Chambers before Senior Judge Robert E. Maxwell. Initial Discovery disclosures due by 4/21/2006. Scheduling Order will be entered by 4/24/06. Proposed Orders should be
submitted to Judge Maxwell's email address. Signed by Judge Robert E. Maxwell on 2/15/06. (cnd) (Entered: February 15, 2006)
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| March 30, 2006 |
5
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REPORT of Rule 26(f) Planning Meeting. (Wilmoth, William) (Entered: March 30, 2006)
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| March 31, 2006 |
6
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SCHEDULING ORDER: It is ORDERED that the scheduling conference set for 4/12/06 is CANCELLED; Initial discovery disclosures by 4/24/06; Motions to join and/or motions to amend by 6/22/06
for Plaintiff, 6/30/06 for Defendant; Discovery due by 12/15/2006; Preliminary witness list disclosure by 10/13/06; Plaintiff's expert disclosures by 10/6/06; Defendant's expert
disclosures by 11/2/06; Dispositive Motions due by 2/16/2007; Proposed orders should be submitted to the Judge's email address; Mediation after 2/07; Plaintiff's list of witnesses and
exhibits by 3/8/07; Defendant's list of witnesses and exhibits by 3/8/07; Objections to final lists of witnesses and exhibits within 14 days after service; Pretrial conference to be
scheduled for 3/07; Trial will be ready by 4/2/07. Signed by Judge Robert E. Maxwell on 3/31/06. (cnd) Modified on 3/31/2006 (cnd). (Entered: March 31, 2006)
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| April 24, 2006 |
7
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CERTIFICATE OF SERVICE by Susan Haywood evidencing service of "Plaintiff's Rule 26(a)(1) Disclosures" (Wright, James) (Entered: April 24, 2006)
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| April 24, 2006 |
8
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CERTIFICATE OF SERVICE by USA Cycling, Inc. of Defendant USA Cycling, Inc.'s Initial Discovery Disclosure (Kolibash, William) (Entered: April 24, 2006)
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| April 25, 2006 |
9
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NOTICE by USA Cycling, Inc. Defendant USA Cycling, Inc.'s Initial Discovery Disclosure (Kolibash, William) (Entered: April 25, 2006)
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| April 25, 2006 |
10
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NOTICE by Susan Haywood of filing "Plaintiff's Rule 26(a)(1) Disclosures" (Wright, James) (Entered: April 25, 2006)
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| June 22, 2006 |
11
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CERTIFICATE OF SERVICE by Susan Haywood Evidencing Service of Plaintiff, Susan Haywood's Interrogatories and Requests for Production of Documents Directed to Defendant, USA Cycling,
Inc. (Wright, James) (Entered: June 22, 2006)
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| August 2, 2006 |
12
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Proposed Stipulation and Order Extending Time by Susan Haywood, USA Cycling, Inc.. (Kolibash, William) (Entered: August 2, 2006)
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| August 3, 2006 |
13
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STIPULATION AND ORDER: It is ORDERED that Defendant may file its responses to Plaintiff's Discovery Requests by 8/28/06 . Signed by Judge Robert E. Maxwell on 8/3/06. (cnd) (Entered:
08/03/2006)
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| September 5, 2006 |
14
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CERTIFICATE OF SERVICE by USA Cycling, Inc. of Defendant USA Cycling, Inc.'s Responses to Plaintiff Susan Haywood's Interrogatories and Requests for Production of Documents Directed to
Defendant USA Cycling, Inc. (Kolibash, William) (Entered: September 5, 2006)
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| October 6, 2006 |
15
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Proposed Stipulation and Order Extending Time to Disclose Experts by Susan Haywood. (Wilmoth, William) (Entered: October 6, 2006)
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| October 10, 2006 |
16
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ORDER granting 15 Stipulation Extending Time to Disclose Experts for an additional 30 days . Signed by Judge Robert E. Maxwell
on 10/10/06. (cnd) (Entered: October 10, 2006)
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| November 6, 2006 |
17
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CERTIFICATE OF SERVICE by Susan Haywood evidencing service of "Plaintiff, Susan Haywood's Disclosure of Expert Testimony" (Wright, James) (Entered: November 6, 2006)
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| November 13, 2006 |
18
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CERTIFICATE OF SERVICE by Susan Haywood Evidencing Service of Request for Admission to USA Cycling, Inc. (Wright, James) (Entered: November 13, 2006)
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| November 29, 2006 |
19
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CERTIFICATE OF SERVICE by USA Cycling, Inc. (Kolibash, William) (Entered: November 29, 2006)
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| December 1, 2006 |
20
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CERTIFICATE OF SERVICE by USA Cycling, Inc. (Kolibash, William) (Entered: December 1, 2006)
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| December 8, 2006 |
21
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CERTIFICATE OF SERVICE by USA Cycling, Inc. (Kolibash, William) (Entered: December 8, 2006)
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| December 14, 2006 |
22
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STIPULATION by USA Cycling, Inc.. (Kolibash, William) (Entered: December 14, 2006)
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| December 14, 2006 |
23
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CERTIFICATE OF SERVICE by USA Cycling, Inc. (Kolibash, William) (Entered: December 14, 2006)
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| January 22, 2007 |
24
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ORDER: Mediation is set for 10:00AM on 3/12/2007 in Elkins District Judge Courtroom, 2nd Floor. Signed by Judge Robert E. Maxwell on 1/22/07. (copy mediator) (cnd) (Entered: January 22, 2007)
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| February 1, 2007 |
25
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Joint MOTION to Amend/Correct 6 Scheduling Order,,, Joint Motion to Extend All Deadlines Including Mediation Date and Trial
Date by USA Cycling, Inc.. (Kolibash, William) (Entered: February 1, 2007)
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| February 8, 2007 |
26
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ORDER: It is ORDERED that the 25 Joint Motion to Amend/Correct is granted in part/denied in part; Supplemental Planning Meeting
to be held by 2/22/2007. Supplemental Meeting Report due by 3/8/2007; mediation shall proceed as scheduled on 3/12/07 at 10:00 am. Signed by Judge Robert E. Maxwell on 2/8/07. (copy
mediator)(cnd) (Entered: February 8, 2007)
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| March 8, 2007 |
27
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CERTIFICATE OF SERVICE by Susan Haywood evidencing service of "Plaintiff's Answers and Responses to Defendant's Interrogatories and Request for Production of Documents" (Wright,
James) (Entered: March 8, 2007)
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| March 12, 2007 |
28
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REPORT of Rule 26(f) Planning Meeting. (Kolibash, William) (Entered: March 12, 2007)
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| March 12, 2007 |
29
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Minute Entry for proceedings held before Judge Robert E. Maxwell: Mediation held on 3/12/2007. (Court Reporter Sue Hatley) (cnd) (Entered: March 13, 2007)
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| March 12, 2007 |
30
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MEDIATION REPORT.(cnd) (Entered: March 13, 2007)
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| March 19, 2007 |
31
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CERTIFICATE OF SERVICE by Susan Haywood evidencing service of "Plaintiff, Susan Haywood's Second Set of Interrogatories and Requests for Production of Documents Directed to Defendant,
USA Cycling, Inc. (Wright, James) (Entered: March 19, 2007)
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| April 17, 2007 |
32
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NOTICE by Susan Haywood Notice of Deposition of Matt Cramer (Cooper, John) (Entered: April 17, 2007)
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| April 17, 2007 |
33
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NOTICE by Susan Haywood Notice of Deposition of Shawn Farrell (Cooper, John) (Entered: April 17, 2007)
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| April 17, 2007 |
34
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NOTICE by Susan Haywood Notice of Deposition of Steve Johnson (Cooper, John) (Entered: April 17, 2007)
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| April 17, 2007 |
35
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NOTICE by Susan Haywood Notice of Deposition of Todd Sowl (Cooper, John) (Entered: April 17, 2007)
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| April 20, 2007 |
36
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CERTIFICATE OF SERVICE by USA Cycling, Inc. (Kolibash, William) (Entered: April 20, 2007)
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| May 3, 2007 |
37
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SECOND SCHEDULING ORDER: Amended Pleadings due by 5/18/2007. Discovery due by 7/27/2007. Joinder of Parties due by 5/11/2007. Preliminary witness list disclosure due by 6/1/07.
Dispositive motions due by 8/17/07. Final lists of witnesses and exhibits due by 8/10/07; objections within 14 days; Pretrial conference and trial by separate order. Signed by Judge
Robert E. Maxwell on 5/3/07. (cnd) (Entered: May 3, 2007)
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| May 15, 2007 |
38
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CERTIFICATE OF SERVICE by USA Cycling, Inc. for Notice of Deposition of Susan Haywood (Kolibash, William) (Entered: May 15, 2007)
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| June 1, 2007 |
39
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Preliminary Witness Disclosure of Plaintiff Witness List by Susan Haywood. (Wright, James) (Entered: June 1, 2007)
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| June 1, 2007 |
40
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Preliminary Witness List Disclosure Witness List by USA Cycling, Inc.. (Kolibash, William) (Entered: June 1, 2007)
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| August 10, 2007 |
41
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CERTIFICATE OF SERVICE by USA Cycling, Inc. Rule 26(a)(3) Disclosures (Kolibash, William) (Entered: August 10, 2007)
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| August 10, 2007 |
42
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Plaintiff's Final Witness and Exhibit List by Susan Haywood.(Wright, James) (Entered: August 10, 2007)
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| August 17, 2007 |
43
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OBJECTIONS to Plaintiff's Final List of Exhibits to 42 Exhibit List by USA Cycling, Inc.. (Kolibash, William) (Entered:
08/17/2007)
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| August 17, 2007 |
44
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MOTION for Partial Summary Judgment by Susan Haywood.Responses due by 8/31/2007 (Wright, James) (Entered: August 17, 2007)
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| August 17, 2007 |
45
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MEMORANDUM in Support by Susan Haywood re 44 MOTION for Partial Summary Judgment. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Wright, James) (Entered: August 17, 2007)
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| August 31, 2007 |
46
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RESPONSE to Motion re 44 MOTION for Partial Summary Judgment filed by USA Cycling, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M)(Kolibash, William) (Entered: August 31, 2007)
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| September 11, 2007 |
47
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REPLY to Response to Motion re 44 MOTION for Partial Summary Judgment Reply Memorandum in Support of Motion for Partial
Summary Judgment on Behalf of Susan Haywood filed by Susan Haywood. (Wright, James) (Entered: September 11, 2007)
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| November 26, 2007 |
48
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ORDER:Mediation set for 10:00AM on 12/5/2007 in Elkins District Judge Courtroom, 2nd Floor. Signed by Judge Robert E. Maxwell on 11/26/07. (copy mediator)(cnd) (Entered: November 26, 2007)
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| November 29, 2007 |
49
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NOTICE of Hearing:Mediation reset for 1/17/2008 10:00 AM in Elkins District Judge Courtroom, 2nd Floor before Senior Judge Robert E. Maxwell. (Previously set for 12/5/07, per 48 Order) (copy mediator) (cnd) (Entered: November 29, 2007)
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| January 17, 2008 |
50
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Minute Order: Proceedings held before Judge Senior Judge Robert E. Maxwell: Settlement Conference held on 1/17/2008. (Court Reporter Sue Hatley; Mediator Dan Callaghan) (cnd) (Entered:
01/17/2008)
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| January 17, 2008 |
51
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MEDIATION REPORT.(cnd) (Entered: January 17, 2008)
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| January 29, 2008 |
52
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Proposed Order by USA Cycling, Inc.. (Kolibash, William) (Entered: January 29, 2008)
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| January 31, 2008 |
53
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ORDER of Mediation. Signed by Senior Judge Robert E. Maxwell on 1/31/08. (cnd) (Entered: January 31, 2008)
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| March 5, 2008 |
54
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ORDER: Case reassigned to District Judge John P. Bailey for all further proceedings. Senior Judge Robert E. Maxwell no longer assigned to case. Signed by Senior Judge Robert E. Maxwell on
3/5/08. (cnd) (Entered: March 5, 2008)
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| March 18, 2008 |
55
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ORDER granting 44 Motion for Partial Summary Judgment. Signed by District Judge John P. Bailey on 03/18/08. (jko) (Entered:
03/18/2008)
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| May 15, 2008 |
56
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PAPERLESS ORDER: A Status Conference is set for 7/18/2008, 11:00 AM, in Wheeling District Judge Courtroom, North, before Chief Judge John Preston Bailey. Signed by Chief Judge John
Preston Bailey on 5/15/2008. (jp) (Entered: May 15, 2008)
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| July 21, 2008 |
57
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ORDER OF STATUS CONFERENCE: Jury Selection and Jury Trial set for 11/5/2008 08:30 AM; Pretrial Conference set for 10/24/2008 11:00 AM in Wheeling District Judge Courtroom, North before
Chief Judge John Preston Bailey. Signed by Chief Judge John Preston Bailey on 7/21/08. (cnd) (Entered: July 21, 2008)
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| September 30, 2008 |
58
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MEMORANDUM of Damage Issues by USA Cycling, Inc.. (Kolibash, William) (Entered: September 30, 2008)
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| September 30, 2008 |
59
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MEMORANDUM Plaintiff Susan Haywood's Memorandum on Damage Issues by Susan Haywood. (Attachments: # 1 Exhibit DVD - "Off
Road to Athens")(Wilmoth, William) (Entered: September 30, 2008)
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| October 1, 2008 |
60
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RESPONSE by Susan Haywood to 58 MEMORANDUM. (Wright, James) (Entered: October 1, 2008)
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| October 7, 2008 |
61
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ORDER RESCHEDULING JURY SELECTION AND TRIAL: ( Jury Selection and Jury Trial rescheduled to 11/5/2008 at 01:30 PM in Wheeling District Judge Courtroom, North before Chief Judge John
Preston Bailey.) Signed by Chief Judge John Preston Bailey on 10/7/08. (jss) (Entered: October 7, 2008)
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| October 21, 2008 |
62
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MOTION in Limine and Memorandum of Law to Prohibit the Admission of Evidence Regarding Future Damages by USA Cycling, Inc.. (Attachments: # 1 Exhibit)(Kolibash, William) (Entered: October 21, 2008)
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| October 24, 2008 |
63
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RESPONSE in Opposition re 62 MOTION in Limine and Memorandum of Law to Prohibit the Admission of Evidence Regarding Future
Damages and Supplemental Expert Witness Designation of Plaintiff filed by Susan Haywood. (Wright, James) (Entered: October 24, 2008)
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| October 24, 2008 |
64
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Minute Order: Proceedings held before Chief Judge John Preston Bailey: Finding as moot 62 Motion in Limine; Pretrial Conference
held on 10/24/2008 in Wheeling. (Court Reporter Jennifer Vail-Kirkbride.) (soa) (Entered: October 24, 2008)
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| October 30, 2008 |
65
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ORDER OF PRETRIAL CONFERENCE: Defendant's 62 Motion in Limins is hereby moot; any proposed jury instructions, voir dire, or
verdict forms are to be submitted by 10/31/08. Signed by Chief Judge John Preston Bailey on 10/30/08. (cnd) (Entered: October 30, 2008)
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| October 31, 2008 |
66
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Defendant's Proposed Jury Instructions by USA Cycling, Inc..(Kolibash, William) (Entered: October 31, 2008)
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| October 31, 2008 |
67
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Proposed Jury Verdict by USA Cycling, Inc..(Kolibash, William) (Entered: October 31, 2008)
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| October 31, 2008 |
68
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Proposed Voir Dire by USA Cycling, Inc..(Kolibash, William) (Entered: October 31, 2008)
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| October 31, 2008 |
69
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Proposed Instructions Submitted by Plaintiff, Susan Haywood to be Included with the Court's Charge at the Conclusion of the Evidence Proposed Jury Instructions by Susan
Haywood.(Wright, James) (Entered: October 31, 2008)
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| October 31, 2008 |
70
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Plaintiff Susan Haywood's Proposed Voir Dire Proposed Voir Dire by Susan Haywood.(Wright, James) (Entered: October 31, 2008)
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| October 31, 2008 |
71
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Verdict Form Submitted by Plaintiff, Susan Haywood Proposed Jury Verdict by Susan Haywood.(Wright, James) (Entered: October 31, 2008)
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| October 31, 2008 |
72
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Proposed Preliminary Charge Submitted by Plaintiff, Susan Haywood, to be Included as a part of your Preliminary Instructions to the Jury Proposed Jury Instructions by Susan
Haywood.(Wright, James) (Entered: October 31, 2008)
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| November 4, 2008 |
73
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OBJECTIONS to the Verdict Form Submitted by Plaintiff to by USA Cycling, Inc.. (Kolibash, William) (Entered: November 4, 2008)
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| November 4, 2008 |
74
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OBJECTIONS to the Preliminary Charge Submitted by Plaintiff to by USA Cycling, Inc.. (Kolibash, William) (Entered: November 4, 2008)
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| November 4, 2008 |
75
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OBJECTIONS to Plaintiffs's Proposed Voir Dire to by USA Cycling, Inc.. (Kolibash, William) (Entered: November 4, 2008)
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| November 5, 2008 |
76
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OBJECTIONS to Voir Dire Submitted by Defendant to by Susan Haywood. (Wright, James) (Entered: November 5, 2008)
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| November 5, 2008 |
77
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Modified on 11/5/2008 to delete incorrect attachment by clerk's office. see 80 notice of docket correct. Counsel advised to refile correct document. See 79 correct filing. (cc). (Entered: November 5, 2008)
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| November 5, 2008 |
78
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OBJECTIONS to Verdict Form Submitted by Defendant to by Susan Haywood. (Wright, James) (Entered: November 5, 2008)
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| November 5, 2008 |
79
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OBJECTIONS to Defendant's Instructions to by Susan Haywood. (Wright, James) (Entered: November 5, 2008)
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| November 5, 2008 |
80
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NOTICE OF DOCKET CORRECTION re 77 Objections efiled with incorrect attachment. CORRECTION: counsel refiled 79 Objections with correct document. (cc) (Entered: November 5, 2008)
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| November 5, 2008 |
81
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Minute Order: Proceedings held before Chief Judge John Preston Bailey: Voir Dire held on 11/5/2008; Jury Selection held on 11/5/2008. (Court Reporter Terry Hamrick.) (soa) (Entered:
11/05/2008)
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| November 5, 2008 |
82
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Minute Order: Proceedings held before Chief Judge John Preston Bailey: First Day of Jury Trial held on 11/5/2008. (Court Reporter Terry Hamrick.) (soa) (Entered: November 5, 2008)
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| November 6, 2008 |
83
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Minute Order: Proceedings held before Chief Judge John Preston Bailey: Second Day of Jury trial held on 11/6/2008. Jury Trial completed on 11/6/2008. (Court Reporter Terry Hamrick.) (soa)
(Entered: November 6, 2008)
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| November 6, 2008 |
84
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Exhibit/Witness List of Jury Trial.(soa) (Entered: November 6, 2008)
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| November 6, 2008 |
85
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Receipt re 84 Witness List. Plaintiff Ex. No. 5 returned to Plaintiff's counsel. (soa) (Entered: November 6, 2008)
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| November 6, 2008 |
86
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Jury Instructions.(soa) (Entered: November 7, 2008)
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| November 6, 2008 |
87
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JURY VERDICT: Damages awarded to Plaintiff in the total amount of $318,847.14.(soa) (Entered: November 7, 2008)
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