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07-4134 - Earthmovers, Inc. vs. Shon Massey et al.,


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07-4134 - Earthmovers, Inc. vs. Shon Massey et al.,
February 7, 2008
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ORDER granting 2 Motion for Joinder. D&K Trucking, Inc. and Monts Welding Service, Inc. shall be joined as plaintiffs to the counterclaim stated in Defendants Answer and Counterclaim. Further, Richard T. Bailey shall be made a defendant to the counterclaim stated in Defendants Answer and Counterclaim. Counterclaim plaintiffs shall proceed with service of process immediately as to counterclaim defendant Richard T. Bailey. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 02/07/08. (wl)
April 4, 2008
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ORDER granting 28 Motion for Extension of Time; denying 33 Motion to Stay Case. No later than May 16, 2008, the parties shall confer to develop a proposed discovery plan. By May 20, 2008, the plaintiff shall submit a completed report of the parties planning conference to the undersigned magistrate judge. A scheduling conference shall be held by telephone on May 23, 2008 at 9:30 a.m. See text of order for details. Signed by Magistrate Judge K. Gary Sebelius on 04/04/08. (wl)
April 30, 2008
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MEMORANDUM AND ORDER. On 5/8/08 at 2:00 p.m., the court will hear the parties' positions, arguments and evidence on EMI's motion to enforce settlement agreement 20. See attached for more details. Signed by U.S. District Senior Judge Sam A. Crow on 4/30/08.(bmw)
May 13, 2008
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MEMORANDUM AND ORDER. EMI's motion to enforce settlement agreement 20 and Tri-State's request to enforce the Tractor Trailer Winch Installation Agreement 24 are denied. EMI's alternative motion to compel mediation 20 is granted on the terms set forth in the agreed order to be filed later. Signed by U.S. District Senior Judge Sam A. Crow on 5/13/08. (bmw)
December 17, 2008
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MEMORANDUM AND ORDER. Plaintiff EMI's motion to dismiss without prejudice counts 5 and 6 of its first amended complaint 93 is granted on the conditions stated in this Memorandum and Order; the defendants motion to dismiss for failure to state a claim upon which relief can be granted 64 is denied as moot; and the counterclaim defendant EMI's motion to dismiss the counterclaims of Shon Massey 52 is denied as moot in light of the subsequent filing of the first amended answer and counterclaim 87. See attached for more details. Signed by U.S. District Senior Judge Sam A. Crow on 12/17/08. (bmw)