Caldwell, et al v. Tacc Corporation, et al

5:2002-cv-00385 (ared)

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1
10/21/2002
NOTICE of Petition for Removal from Drew Co Circuit Court Case Number: CV2002-171-3 ($150.00 filing fee paid with receipt # 11112) (bkj) Modified on 10/21/2002
10/21/2002
COMPLAINT with jury demand (bkj) Modified on 01/27/2003 (Text entry; no document attached.)
10/21/2002
ANSWER by defendants; jury demand (Text entry; no document attached.)
2
10/23/2002
ORDER Case reassigned to Judge James M. Moody (cc: all counsel)
3
01/16/2003
MOTION by Karen Lamb Kirkham to intervene
4
01/16/2003
BRIEF by Karen Lamb Kirkham in support of motion to intervene [3-1]
5
01/30/2003
ORDER by Judge James M. Moody granting motion by Karen Kirkham to intervene [3-1]; Karen Kirkham is directed to file an original of her complaint in intervention with the Clerk of the Court (cc: all counsel)
6
02/05/2003
INTERVENOR'S complaint with jury demand by Karen Lamb Kirkham
7
02/10/2003
ANSWER TO COMPLAINT IN INTERVENTION by defendants; jury demand
8
02/19/2003
INITIAL SCHEDULING ORDER (DOC) Rule 26(f) conference deadline 3/14/03; Rule 26(f) report deadline 3/28/03; proposed trial date 1/26/04; Rule 16(b) conference (if needed) will be scheduled within 1 week of the filing of the Rule 26(f) report (cc: all counsel)
9
02/18/2003
RETURN OF SERVICE executed upon defendant TACC Corporation on 2/5/03 by serving Sharon Priest, Secretary of State
10
02/27/2003
DEAL MOTION by movants to intervene
11
02/27/2003
BRIEF by movants in support of motion to intervene [10-1]
12
02/28/2003
ORDER by Judge James M. Moody granting Caroll and Pattie Deal's Motion to Intervene [10-1]; Carroll Deal and Pattie Deal are directed to file an original of her complaint in intervention with the Clerk of the Court (cc: all counsel)
13
03/07/2003
INTERVENOR'S DEAL COMPLAINT, with jury demand by Carroll Deal and Pattie Deal
14
03/13/2003
ANSWER TO COMPLAINT IN INTERVENTION of Carroll Deal and Pattie Deal by TACC Corporation and Illinois Tool Works
15
03/25/2003
MOTION by movant Fremont Compensation to intervene
16
03/27/2003
ORDER by Judge James M. Moody granting motion to intervene by Fremont Compensation Ins Co [15-1]; the Clerk is directed to file the complt in intervention w/in 5 days of the entry of this Order (cc: all counsel)
17
03/28/2003
RULE 26(f) REPORT by plaintiffs, defendants and intervenor plaintiff
18
03/31/2003
INTERVENOR'S complaint by Fremont Compensation (bkj) Modified on 07/15/2003
19
04/16/2003
ANSWER by defendants to intervention complaint filed by Fremont Compensation Ins Co (bkj) Modified on 04/17/2003
20
04/16/2003
ANSWER by plaintiffs to Fremont Compensation Ins Co complaint in intervention
21
04/17/2003
SEPARATE ANSWER by intervenors Deal to complaint in intervention of Fremont (bkj) Modified on 04/22/2003
22
04/29/2003
ANSWER by Karen Lamb Kirkham to complaint of intervention of Fremont
23
05/13/2003
MOTION by Fremont Compensation for leave to file first amended complaint in intervention
24
05/22/2003
ORDER by Judge James M. Moody granting motion for leave to file first amended complaint in intervention [23-1] (cc: all counsel)
25
05/28/2003
AMENDED complaint in intervention [18-1] (bkj) Modified on 06/09/2003
26
06/02/2003
SEPARATE ANSWER of intervenors Carroll and Pattie Deal to amended complaint in intervention of Fremont (bkj) Modified on 06/03/2003
27
06/04/2003
ANSWER by Jason Caldwell and Karen Caldwell to Fremont Compensation Ins Co amended complaint in intervention
28
06/05/2003
ANSWER by defendants to amended complaint in intervention of Fremont Compensation Ins Co
29
06/09/2003
ANSWER by intervenors 1 to amended complaint in intervention of Fremont
30
06/19/2003
MOTION by intervenor plaintiff Fremont Compensation for leave to file second amended complaint in intervention
31
06/27/2003
ORDER by Judge James M. Moody granting motion for leave to file second amended complaint in intervention [30-1]; intervenor Fremont Indemnity Company is directed to file an original second amended complaint in intervention by 7/7/03 (cc: all counsel)
32
07/07/2003
SECOND AMENDED COMPLAINT IN INTERVENTION by Fremont Indemnity Company (tjj) Modified on 07/08/2003
33
07/14/2003
ANSWER TO SECOND AMENDED COMPLAINT IN INTERVENTION by Illinois Tool Works and TACC Corporation
34
07/15/2003
SEPARATE ANSWER by intervenors Carroll Deal and Pattie Deal to second amended complaint in intervention of Fremont
35
07/17/2003
ANSWER by Jason Caldwell and Karen Caldwell to Fremont Compensation Ins Co second amended complaint in intervention
36
07/18/2003
FINAL SCHEDULING ORDER (DOC); jury trial set for 9:15 AM the week of 1/26/04 in Pine Bluff; discovery due 11/27/03; pretrial info sheet due 1/6/04 (cc: all counsel)
37
07/21/2003
SEPARATE ANSWER by Karen Lamb Kirkham to second amended complaint in intervention of Fremont
38
10/22/2003
MOTION by Pattie Deal, Carroll Deal and Karen Lamb Kirkham to extend time for the disclosure of experts
39
10/29/2003
ORDER by Judge James M. Moody granting motion to extend time for the disclosure of experts [38-1]; the time in which to disclose experts is extended until 11/24/03; all other deadlines are to remain the same (cc: all counsel) (tjj) Modified on 10/30/2003
40
10/29/2003
RESPONSE by defendant to motion for extension of time
41
11/03/2003
MOTION by intervenor plaintiff Karen Lamb Kirkham to compel discovery
42
11/03/2003
BRIEF by intervenor plaintiff Karen Lamb Kirkham in support of motion to compel discovery [41-1]
43
11/13/2003
RESPONSE by defendant to motion to compel discovery [41-1]
44
11/18/2003
ORDER by Judge James M. Moody finding the motion to compel discovery [41-1] moot (cc: all counsel)
45
11/20/2003
MOTION by plaintiffs to compel defendants to answer Interrogatories and Request for Production of Documents, and to be required to pay reasonable expenses incurred in making this motion including attorney fees (bkj) Modified on 11/24/2003
46
11/20/2003
BRIEF by plaintiffs in support of motion to compel defendants to answer Interrogatories and Request for Production of Documents [45-1], motion to be required to pay reasonable expenses incurred in making this motion including attorney fees [45-2]
47
11/24/2003
STATUS REPORT by plaintiffs (bkj) Modified on 11/26/2003
48
12/02/2003
STATUS REPORT by plaintiff, defendants and intervenors I II and III
49
12/02/2003
JOINT MOTION by plaintiff, defendants and intervenors I II and III to extend time of the deposition deadline (bkj) Modified on 12/03/2003
50
12/05/2003
ORDER by Judge James M. Moody granting joint motion to for extension of the deposition deadline [49-1] until 1/12/04; all other deadlines set forth in the 7/18/03 final scheduling order are unchanged (cc: all counsel)
51
12/11/2003
MOTION by intervenor plaintiffs Pattie Deal and Carroll Deal for order compelling discovery of defendants
52
12/16/2003
AMENDED RULE 26 DISCLOSURES filed by TACC Corporation and Illinois Tool Works Inc
53
12/16/2003
RESPONSE by TACC Corporation and Illinois Tool Works to motion to compel defendants to answer Interrogatories and Request for Production of Documents [45-1]
54
12/16/2003
RESPONSE by TACC Corporation and Illinois Tool Works to motion for order compelling discovery of defendants [51-1]
55
12/19/2003
ORDER by Judge James M. Moody finding the intevenors' motion for order compelling discovery of defendants [51-1] moot; pltf's motion to compel defendants to answer Interrogatories and Request for Production of Documents [45-1] is granted in part and denied in part; the objections to providing the information sought in interrogatory No. 14 and request for production No. 8 are overruled; the objection to interrogatory No. 8 is also overruled to the extent that defts are to amend their formal responses to provide this information regardless of whether it has been provided to other parties; the objections to request for production No. 5 and interrogatory No. 13 are sustained (cc: all counsel)
56
12/22/2003
CLERK'S MINUTES: HEARING (Ph.Cf.) on defendant's motion to quash deposition subpoenas for Ryan and Peer. Ruling stated on the record. (Ct. Rep. - Carolyn Fant)
57
12/22/2003
MOTION by TACC Corporation and Illinois Tool Works to quash deposition notice and relieve Kate Ryan from the necessity of attending the deposition noticed for December 30
58
12/22/2003
MOTION by TACC Corporation and Illinois Tool Works to quash deposition notice and relieve Melissa Peer from attending the deposition notice of December 30
59
12/22/2003
MOTION by TACC Corporation and Illinois Tool Works to quash the portions of all notices that request documents identified in Exhibit A to be produced at the depositions
60
12/23/2003
RESPONSE by Carroll Deal and Karen Lamb Kirkham to motion to quash notices of deposition [57-1] (bkj) Modified on 12/31/2003
61
12/24/2003
ORDER by Judge James M. Moody denying motion to quash deposition notice of Melissa Peer to the extent that Ms. Peer may choose to appear at her scheduled deposition or she can choose to travel to Little Rock, AR at deft's expense by 1/12/04 [58-1]; the Court will defer ruling on the motion to quash deposition of Kate Ryan until such time as her availability to travel can be determined; like Ms. Peer Ms. Ryan may choose to appear at her scheduled deposition but is not required to do so [57-1]; the motion to quash portions of deposition notices requiring productions of documents by witnesses is denied in part and granted in part as stated in this order [59-1]; as stated at the 12/22/03 hearing the deadline for designation of deposition testimony to be used at trial is extended to 1/15/04; counter-designations must be made by written motion indicating the specific objection and its legal basis by noon on 1/22/04; any responses to these objections are to be filed by 5:00 PM on 1/23/04 (cc: all counsel) (tjj) Modified on 12/31/2003
62
01/05/2004
MOTION by defendants in limine that at the time of the accident neither the wrongful death statute nor the survival statute had a provision for loss of life damages and should not apply retroactively (bkj) Modified on 01/06/2004
63
01/05/2004
MOTION by defendants in limine to exclude the testimony of Intervenor Kirkham's "forensic economist" on the issue of "loss of life" damages
64
01/06/2004
PRETRIAL DISCLOSURE SHEET by intervenor plaintiff Karen Lamb Kirkham; estimated length of trial, 5 days (tjj) Modified on 01/20/2004
65
01/06/2004
PRETRIAL DISCLOSURE SHEET by plaintiff; estimated length of trial, one week (bkj) Modified on 01/20/2004
66
01/06/2004
PRETRIAL DISCLOSURE SHEET by intervenor II Carroll Deal and Pattie Deal; estimated length trial, one week (bkj) Modified on 01/20/2004
67
01/06/2004
MOTION by Pltfs Karen Caldwell and Jason Caldwell, and Intervenor I, Karen Lamb Kirkham, and Intervenors II, Carroll Deal and Pattie Deal to amend pltfs' complt and complts in intervention of Kirkham and Deals (bmt) Modified on 01/20/2004
68
01/06/2004
BRIEF by Pltfs Jason Caldwell and Karen Caldwell, and Intervenor I, Karen Lamb Kirkham, and Intervenors II, Carroll Deal and Pattie Deal in support of motion to amend pltfs' complt and complts in intervention of Kirkham and Deals [67-1] (bmt) Modified on 01/20/2004
69
01/08/2004
MOTION by plaintiffs, intervenors Kirkham and Deal to compel discovery
70
01/12/2004
MOTION by Karen Lamb Kirkham to extend time to respond to motions in limine
71
01/12/2004
MOTION by Karen Lamb Kirkham for attorney Kenneth L Connor to appear pro hac vice
72
01/12/2004
MOTION by intervenor plaintiff Karen Lamb Kirkham in limine to exclude any reference to, or evidence of Karen Lamb Kirkham's remarriage
73
01/12/2004
BRIEF by Karen Lamb Kirkham in support of motion in limine to exclude any reference to, or evidence of Karen Lamb Kirkham's remarriage [72-1]
74
01/12/2004
MOTION by intervenor plaintiff Karen Lamb Kirkham in limine to exclude OSHA report
75
01/12/2004
BRIEF by intervenor plaintiff Karen Lamb Kirkham in support of motion in limine to exclude OSHA report [74-1]
76
01/12/2004
MOTION by plaintiffs in limine regarding the investigation, proposed fines, settlement, and written reports of OSHA relating to the explosion that caused the claimants' injuries and death
77
01/12/2004
BRIEF by plaintiffs in support of motion in limine regarding the investigation, proposed fines, settlement, and written reports of OSHA relating to the explosion that caused the claimants' injuries and death [76-1] (bkj) Modified on 01/13/2004
78
01/12/2004
MOTION by Carroll Deal, Pattie Deal in limine to evidence of collateral sources
79
01/13/2004
PRETRIAL DISCLOSURE SHEET by defendant; estimated length of trial, five days
80
01/14/2004
MOTION by Carroll Deal and Pattie Deal to disqualify witness, and for relief of cost and fees
81
01/14/2004
ORDER by Judge James M. Moody granting motion to extend time to respond to motions in limine [70-1] until 1/14/04 [63-1] [62-1] (cc: all counsel)
82
01/14/2004
MOTION by Karen Lamb Kirkham to compel discovery
83
01/14/2004
RESPONSE by Karen Lamb Kirkham to motion in limine as to Ark. Code Ann. 16-62-101(b) [62-1]
84
01/14/2004
RESPONSE by Karen Lamb Kirkham to motion in limine to exclude the testimony of Intervenor Kirkham's "forensic economist" on the issue of "loss of life" damages [63-1]
85
01/15/2004
ORDER by Judge James M. Moody granting motion for attorney Kenneth L Connor to appear pro hac vice [71-1] (cc: all counsel) (tjj) Modified on 01/20/2004
86
01/15/2004
RESPONSE by defendants to motion to amend pltfs' complt and complts in intervention of Kirkham and Deals [67-1] (bmt) Modified on 01/28/2004
87
01/16/2004
MOTION by plaintiffs and intervenors to extend the deadlines for trial briefs, stipulation, jury instructions and statement of case (bkj) Modified on 01/16/2004
88
01/16/2004
RESPONSE by intervenor plaintiff Fremont Indemnity to motion in limine to evidence of collateral sources and/or any materials developed by OSHA in the course of its post-accident investigation [78-1]
89
01/20/2004
ORDER (DOC) granting motion to extend the deadlines to submit trial briefs, stipulation, jury instructions and statement of case [87-1] to after the hearing scheduled on 1/20/04, or until further order of the Court (cc: all counsel)
90
01/20/2004
CLERK'S MINUTES: HEARING on motions (Docs. No. 62, 63 and 67) held before Judge James M. Moody. Court's rulings stated on the record. (Ct. Rep. -- Carolyn Fant)
91
01/20/2004
ORDER (DOC) referring the case to Mag. Judge Ray to schedule and conduct a settlement conference; a separate order setting forth details of the conference will be issued by Judge Ray forthwith (cc: all counsel)
92
01/26/2004
NOTICE (DOC) this case is set for a settlement conference before Magistrate Judge Ray on 3/16/04 at 10:00 AM in Little Rock; counsel are reminded to have a party with full authority to settle at the hearing (cc: all counsel)
93
01/26/2004
RESPONSE by Jason Caldwell, Karen Caldwell, Carroll Deal and Pattie Deal to response to motion for leave to be excuse from the additional pre-trial deadlines [88-1]
94
01/26/2004
MOTION by Jason Caldwell, Karen Caldwell, Carroll Deal and Pattie Deal to approve settlement and authorize distribution of settlement funds
95
01/28/2004
RESPONSE by defendants to motion to disqualify witness [80-1]
96
01/28/2004
RESPONSE by defendants to motion in limine regarding the investigation, proposed fines, settlement, and written reports of OSHA relating to the explosion that caused the claimants' injuries and death [76-1]
97
01/28/2004
RESPONSE by defendants to motion in limine to evidence of collateral sources [78-1]
98
01/28/2004
RESPONSE by defendant to motion in limine to exclude OSHA report [74-1]
99
01/28/2004
BRIEF by defendants in support of motion response to exclude OSHA report [98-1]
100
01/28/2004
RESPONSE by defendants to motion in limine to exclude any reference to, or evidence of Karen Lamb Kirkham's remarriage [72-1]
101
01/28/2004
BRIEF by defendants in support of response to motion in limine to exclude evidence of Kirkham's remarriage [100-1]
102
01/28/2004
RESPONSE by TACC Corporation and Illinois Tool Works to motion to compel discovery [69-1]
103
01/28/2004
RESPONSE by defendants to motion to compel discovery [82-1]
104
01/29/2004
RESPONSE by TACC Corporation and Illinois Tool Works to motion to approve settlement and authorize distribution of settlement funds [94-1]
105
01/29/2004
ORDER (DOC) setting deft's motion to approve settlement and authorize distribution of settlement funds [94-1] for a hearing to be held at 1:30 PM on 2/12/04 in Little Rock (cc: all counsel) (tjj) Modified on 02/13/2004
106
02/02/2004
RESPONSE by Fremont Indemnity to motion to approve settlement and authorize distribution of settlement funds [94-1]
107
02/03/2004
REPLY by Karen Lamb Kirkham to response to motion in limine to exclude OSHA report [74-1]
108
02/05/2004
REPLY by Carroll Deal and Pattie Deal to response to motion for leave to be excuse from the additional pre-trial deadlines [88-1]
109
02/11/2004
MOTION by Fremont Compensation to include necessary party
110
02/11/2004
BRIEF by Fremont Compensation in support of motion to include necessary party [109-1]
111
02/13/2004
ORDER (DOC) the hearing scheduled for this date on deft's motion to approve settlement and authorize distribution of settlement funds is continued until 1:15 PM on Friday, 3/5/04 in Little Rock at which time testimony and argument will be heard before final resolution of the motion (cc: all counsel)
112
02/12/2004
MOTION by Arkansas Property to intervene
113
02/12/2004
BRIEF by Arkansas Property in support of motion to intervene [112-1]
114
02/17/2004
ORDER by Judge James M. Moody granting motion to intervene by Arkansas Property & Casualty Insurance Guaranty Fund as Intervenor IV [112-1]; the motion of Fremont Compensation Ins Co to include necessary party is withdrawn [109-1] (cc: all counsel) (bmt) Modified on 02/18/2004
115
02/18/2004
AMENDED FINAL SCHEDULING ORDER (DOC); jury trial is reset for 9:15 5/24/04 before Judge James M. Moody in Pine Bluff; discovery due 3/25/04; status report due 3/25/04; pretrial info sheet due 5/4/04 (cc: all counsel)
116
02/20/2004
RESPONSE by Karen Caldwell, Jason Caldwell, Carroll Deal and Pattie Deal to motion to intervene of Arkansas Property and Casualty Guaranty Fund (bkj) Modified on 02/26/2004
117
02/20/2004
SUPPLEMENTAL RESPONSE by Fremont Indemnity and Arkansas Property to motion to approve settlement and authorize distribution of settlement funds [94-1]
118
02/20/2004
BRIEF by Fremont Indemnity and Arkansas Property in support of motion response [117-1]
119
03/04/2004
ORDER by Judge James M. Moody finding the motion to quash deposition notice and relieve Kate Ryan from the necessity of attending the deposition noticed for December 30 [57-1] moot (cc: all counsel)
120
03/04/2004
ORDER by Judge James M. Moody granting motion to amend pltfs' complt and complts in intervention of Kirkham and Deals [67-1] (cc: all counsel)
121
03/05/2004
CLERK'S MINUTES: HEARING on Motions to approve settlement and for authorization of distribution of funds by plaintiffs Caldwell and Deal held before Judge James M. Moody. At close of proof by all parties the Court takes the motions under advisement. Parties directed to file briefs on loss of consortium issue by 3/10/04. (Ct. Rep. -- Elaine Hinson)
122
03/15/2004
ORDER by Judge James M. Moody Intervenor I's motion in limine to exclude any reference to or evidence of Karen Lamb Kirkham's remarriage is denied in part and granted in part [72-1]; Intervenor I's motion in limine to exclude Occupational Safety and Health Administration (OSHA) report is denied in part and granted in part [74-1]; pltf's motion in limine which also seeks to exclude evidence of the OSHA report is denied in part and granted in part [76-1]; and Intervenors II's motion to disqualify witness and for other relief is denied in part and granted in part [80-1] (cc: all counsel)
123
03/16/2004
CLERK'S MINUTES: The parties appeared before U. S. Magistrate Judge J. Thomas Ray for a Settlement Conference. The parties reached a settlement with the contents of the settlement agreement read into the record and sealed. Plf-Brian G. Brooks. Dft-Donald H. Bacon. ERO-Kathy Swanson.
124
03/17/2004
ORDER by Mag. Judge J. T. Ray that parties have reached a settlement following a conference before Mag Judge J. Thomas Ray; pursuant to the confidentiality agreement, which has been made part of the settlement, the tape recording setting forth the terms of the settlement will remain under seal (cc: all counsel)
125
03/24/2004
UNDER SEAL ORDER by Judge James M. Moody regarding motion to approve settlement and authorize distribution of settlement funds [94-1] (cc: all counsel)
126
04/01/2004
MOTION by Fremont Indemnity and Arkansas Property to amend judgment
127
04/01/2004
BRIEF by Fremont Indemnity and Arkansas Property in support of motion to amend judgment [126-1]
128
03/31/2004
MOTION by Karen Lamb Kirkham to approve settlement and authorize distribution of settlement funds
129
04/05/2004
RESPONSE by Fremont Indemnity and Arkansas Property to motion to approve settlement and authorize distribution of settlement funds [128-1]
130
04/05/2004
BRIEF by Fremont Indemnity and Arkansas Property in support of motion response [129-1]
131
04/12/2004
RESPONSE by plaintiffs to motion to amend judgment [126-1]
132
04/12/2004
BRIEF by plaintiff in support of motion response to amend judgment [131-1]
133
04/20/2004
REPLY by Fremont Indemnity and Arkansas Property to response to motion to amend judgment [126-1]
134
04/23/2004
NOTICE of appeal by Fremont Indemnity, Arkansas Property from District Court decision [125-1] (fees paid) (2 certified copies to Clerk 8USCA), (cc: counsel)
135
05/06/2004
MOTION by Karen Lamb Kirkham for summary judgment
136
05/06/2004
BRIEF by Karen Lamb Kirkham in support of motion for summary judgment [135-1]
137
05/06/2004
STATEMENT OF MATERIAL FACTS NOT IN DISPUTE (Local Rule 56.1) by Karen Lamb Kirkham in support of motion for summary judgment [135-1]
05/17/2004
DOCKETING LETTER: 8 USCA Number 04-2090; counsel to proceed on appendix (Text entry; no document attached.)
138
05/17/2004
CROSSCLAIM for Summary Judgment by Fremont Indemnity, Arkansas Property against Karen Lamb Kirkham
139
05/17/2004
BRIEF by Fremont Compensation, Arkansas Property in support of motion response [138-1], crossclaim for summary judgment [138-1]
140
05/17/2004
STATEMENT OF FACTS in Dispute (Local Rule 56.1) by Fremont Indemnity, Arkansas Property in support of motion response [138-1], in support of crossclaim for summary judgment [138-1]
141
06/17/2004
ORDER (DOC) setting motion to approve settlement and authorize distribution of settlement funds [128-1] In-court hearing 9:00 8/16/04 in Little Rock (cc: all counsel)
142
06/24/2004
MOTION by plaintiff to stay Judge's ruling on motion to approve settlement and disbursement of settlement funds
143
06/25/2004
ORDER by Judge James M. Moody granting motion to stay Judge's ruling on motion to approve settlement and disbursement of settlement funds [142-1] ; Status report on the pending joint petition settlement & motion to approve 3rd party settlement is due 8/2/04 (cc: all counsel)
144
07/26/2004
SUPPLEMENTAL BRIEF by intervenor pltf Karen Lamb Kirkham in support of motion for summary judgment [135-1]
145
07/26/2004
SUPPLEMENTAL STATEMENT OF MATERIAL FACTS NOT IN DISPUTE by intervenor pltf Karen Lamb Kirkham in support of motion for summary judgment [135-1] (rjh) Modified on 07/28/2004
146
08/09/2004
SUPPLEMENTAL BRIEF by Fremont Indemnity, Arkansas Property in support of motion response [138-1], crossclaim [138-1], [139-1]
147
08/09/2004
SUPPLEMENTAL STATEMENT OF FACTS (Local Rule 56.1) by Fremont Indemnity, Arkansas Property
148
08/16/2004
CLERK'S MINUTES: HEARING on motions held before Judge James M. Moody. Plaintiff presents proof on "Made Whole" issue; Court takes under advisement. Parties directed to submit briefs by 8/20/04. (Ct. Rep. -- Carolyn Fant)
149
08/13/2004
ORDER (UNDER SEAL) by Judge James M. Moody granting in part and denying in part motion to amend judgment [126-1] (cc: all counsel)
150
08/16/2004
STIPULATION by the parties Karen Lamb Kirkham, Fremont Compensation Ins Co, and Arkansas Property to the made-whole hrg
151
08/24/2004
SUPPLEMENTAL BRIEF filed by intervenor Karen Lamb Kirkham to made-whole hearing
08/25/2004
DOCKET NOTE: sealed documents #125 & 149 returned to Pine Bluff office (Text entry; no document attached.)
152
08/30/2004
ORDER (UNDER SEAL) by Judge James M. Moody granting motion to approve settlement and authorize distribution of settlement funds [128-1] (cc: all counsel)
08/31/2004
DOCKET NOTE: sealed doc #152 forwarded to Pine Bluff office (Text entry; no document attached.)
153
08/31/2004
STIPULATION FOR DISMISSAL with prejudice of claims of Plaintiffs and of Intervenors III and IV as to Plaintiffs
154
09/10/2004
ORDER by Judge James M. Moody based on the stipulation for dismissal the claims of the plaintiffs and claims of Intervenor III and Intervenor IV as they relate to the plaintiffs, and all claims, demands, and causes of action that were or could have been asserted in this action by these parties, are hereby dismissed with prejudice. Intervenor III's and Intervenor IV'S claims as they relate to Intervenor I and Intervenor II are not dismissed by this Order. [153-1] (cc: all counsel)
155
09/13/2004
ORDER by Judge James M. Moody, based upon the stipulation of dismissal with prejudice, all claims, demands, and causes of action that were or could have been asserted by plaintiffs against defendants are dismissed with prejudice and all claims, demands and causes of action that were or could have been asserted by intervenors III and intervenors IV against the plaintiffs and defendants are dismissed with prejudice in accordance with the joint petition order and order approving third party settlement entered by the Ark Workers' Compensation Commission on 7/15/04 terminating case (cc: all counsel)
156
09/16/2004
NOTICE of appeal by intervenor plaintiff Fremont Indemnity, intervenor plaintiff Arkansas Property from District Court decision [152-1]i (fees paid)
09/27/2004
DOCKET NOTE: 2 certified copies of appeal packet forwarded to Clerk USCA8 (Text entry; no document attached.)
10/19/2004
DOCKETING LETTER: 8 USCA Number 04-3404; appeal is consolidated with 04-2090 (Text entry; no document attached.)
157
11/10/2004
TRANSCRIPT (1 volume) of proceedings for the following date: 3/5/04 motions hearing ([156-1], [134-1])
158
11/10/2004
TRANSCRIPT (1 volume) of proceedings for the following date: 8/17/04 Made Whole Hearing ([156-1], [134-1])
11/12/2004
DOCKET NOTE: transcripts (2 vols); Intervenor Deal's exhibits 1, 3-6; and Freemont Comp Ins intervenors III and Ark Proberty & Casuality intervenors IV exhibits 4-6 forwarded to 8USCA (Text entry; no document attached.)
159
10/03/2005
MANDATE of USCA as to 134 Notice of Appeal filed by Fremont Indemnity Company Arkansas Property and Casualty Guaranty Fund 156 Notice of Appeal filed by Fremont Indemnity Company Arkansas Property and Casualty Guaranty Fund, judgment of the district court is affirmed in accordance with the opinion of this Court (Attachment: # 1 Opinion)(dac)
10/04/2005
Appeal Remark re 134 Notice of Appeal, 156 Notice of Appeal: 4 volumes of original files returned to Pine Bluff Office with sealed document #152 (dac) (Text entry; no document attached.)
10/04/2005
Appeal Remark re 134 Notice of Appeal, 156 Notice of Appeal: 2 volumes transcripts & exhibits remain in USCA8 (Text entry; no document attached.)
160
10/31/2005
Appeal Remark re 134 156 Notice of Appeal: 2 volumes transcripts and exhibits returned from USCA8 (dac)
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