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12/07/95 Case filed 02/12/96 BC files first counterclaim 09/18/96 Motion to impose sanctions and compel response from BC 09/20/96 First motion for partial summary judgement 10/01/96 Pltfs motion to compel electronically stored documents and prevent further destruction of documents 11/04/96 Genmar Litigation documents 11/19/96 BC motion to extend time to respond to 7th set of discovery requests 12/23/96 Interesting discussion about destruction of irrelevant documents 01/03/97 Pltfs ordered to respond to BC e-mailed questionnaire. Interesting to see BC using the net. 01/21/97 Talk of a "computer meeting" set for 1/23/97 01/24/97 Judge granted BC motion to have documents it logged as privileged and all copies returned. 02/03/97 Pltfs can identify up to 15 deft employees whose electronic files they can review. Deft to produce in electronic format all files and info on the employees hard drive. NOTE - you can tell these guys are lawyers and not too computer savvy. What about their files on the network, their files on diskettes, their files on storage methods other than hard drives (optical disks, Zip drives, etc). 03/05/97 BC dragging its feet on supplying documents and ordered to supply them. 03/19/97 BC does not want to supply communications with dealers. 03/19/97 BC does not want to supply FTC (Federal Trade Commission) privileged documents (from their investigations). 03/28/97 Motion by BC to deny highly confidential treatment of testimony and documents to G.W. Invader that show it filed false reports to qualify for lower prices. 04/03/97 BC in opposition to supplying June 1995 Sales Conference document. 04/08/97 Pltfs still trying to get copies of electronic mail. 04/14/97 Parties ordered to exchange lists of individuals they anticipate deposing or calling as witnesses. 04/25/97 Discussion about deletion of Mercury Marine email. 04/28/97 BC opposes 8th set of discovery requests. 04/28/97 BC in opposition to producing electronic mail. 05/12/97 BC to produce dealer files for Baha and Boston Whaler since their acquisition. 05/15/97 Internal Transfer Pricing discussion 05/16/97 BC imaging system and indices not to be supplied.
Docket as of April 30, 1998 7:05 pm Page 39
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12/7/95 1 COMPLAINT w/jury demand, summons issued and returned to
attorney; $120 filing fee paid-receipt #40500 (bw)
[Entry date 12/12/95]
12/7/95 2 MEMO to file regarding service of complaint (bw)
[Entry date 12/12/95]
12/19/95 3 RETURN OF SERVICE executed upon deft Brunswick Corp on
12/8/95 (vjt) [Entry date 12/20/95]
12/22/95 4 MOTION by defendant Brunswick Corp to extend time to
answer (bt)
12/27/95 5 ORDER by Judge Henry Woods granting deft's motion to extend
time until 1/22/96 to answer complt [4-1] (cc: all
counsel) EOD 12/27/95 (vjt)
1/10/96 6 MOTION by deft for attys Robert F. Finke, Mark McLaughlin
and Andrew S. Marovitz to appear pro hac vice (vjt)
[Entry date 01/11/96]
1/12/96 7 ORDER by Judge Susan W. Wright granting motion for attys
Robert F. Finke, Mark McLaughlin and Andrew S. Marovitz to
appear pro hac vice on behalf of deft Brunswick Corporation
[6-1] (cc: all counsel) (vjt) [Entry date 01/16/96]
1/22/96 8 MOTION by pltfs for attys Robert R. Weinstine, Steven C.
Tourek, K. Craig Wildfang, Brooks F. Poley, Christopher W.
Madel & Benjamin R. Mulcahy to appear pro hac vice (vjt)
[Entry date 01/23/96]
1/22/96 9 ANSWER by deft; jury demand (vjt) [Entry date 01/23/96]
1/22/96 10 STIPULATION by parties (vjt) [Entry date 01/23/96]
1/22/96 11 ORDER by Judge Susan W. Wright re Stipulation by parties;
deft's objections to disc requests are due 1/31/96, deft's
response to disc request due 2/29/96, deft has until
2/29/96 to file counterclaims against any pltf and pltfs
have until 2/29/96 to amend their complt w/o further Order
of the Court [10-1] (cc: all counsel) (vjt)
[Entry date 01/23/96]
1/23/96 12 ORDER by Judge Susan W. Wright granting motion for attys
Robert R. Weinstine, Steven C. Tourek, K. Craig Wildfang,
Brooks F. Poley, Christopher W. Madel & Benjamin R. Mulcahy
to appear pro hac vice on behalf of pltfs [8-1] (cc: all
counsel) (vjt)
2/6/96 13 SCHEDULING ORDER: by Judge Susan W. Wright; jury trial is
set for 9:30 4/14/97; mot & disc due 2/28/97; pretrial info
sheet due 3/14/97 (cc: all counsel) (vjt)
[Entry date 02/07/96]
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2/8/96 14 MOTION by deft for entry of protective order (vjt)
[Entry date 02/09/96]
2/8/96 15 MEMORANDUM by deft in support of motion for entry of
protective order [14-1] (vjt) [Entry date 02/09/96]
2/12/96 16 COUNTERCLAIM by deft Brunswick Corp against pltfs (vjt)
2/20/96 17 MEMORANDUM of Law in Opposition by pltfs' to deft's motion
for entry of protective order [14-1] (vjt)
[Entry date 02/21/96]
2/20/96 18 AFFIDAVIT of K. Craig Wildfang regarding motion response
[17-1] (vjt) [Entry date 02/21/96]
2/28/96 19 REPLY MEMORANDUM by deft to pltf's response to motion for
entry of protective order [14-1] (vjt) [Entry date 02/29/96]
3/1/96 20 ANSWER by pltfs to Counterclaim of deft Brunswick Corp (vjt)
[Entry date 03/04/96]
3/4/96 21 CONSOLIDATED AMENDED complt [1-1] by pltf; terminating
Thompson Boat Co & Vanguard Industries; adding WTYS No. 4
Inc., dba Thompson Boat Company; Century Craft Industries,
Ltd., fka Vanguard Industries; Avenger Mfg; G W Invader;
Malibu Boats West, Maverick Boat Company, Inc.; & Weeres
Industries (vjt) [Entry date 03/06/96]
[Edit date 04/09/96]
3/6/96 22 MOTION by pltfs to strike deft's reply memorandum in
support of its motion for entry of protective order, or in
the alternative, for oral argument on that motion (vjt)
[Entry date 03/07/96]
3/11/96 23 ORDER by Judge Susan W. Wright allowing pltfs amended
complt to be filed late, on 3/4/96, but cautions counsel to
be aware of Local Rule C-5 re extension of time to plead
(cc: all counsel) EOD 3/11/96 (vjt)
3/11/96 24 STIPULATION by parties for Interim Protective Order (vjt)
[Entry date 03/12/96]
3/12/96 25 INTERIM PROTECTIVE ORDER by Judge Susan W. Wright re
stipulation filed by parties on 3/11/96 [24-1] (cc: all
counsel) (vjt) [Entry date 03/13/96]
3/18/96 26 ANSWER by defendant Brunswick Corp to amended complaint
with jury demand (jad) [Entry date 03/19/96]
3/18/96 26 AMENDED COUNTERCLAIM by counter-claimant Brunswick Corp
against defendants (jad) [Entry date 03/19/96]
[Edit date 03/19/96]
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3/21/96 27 MOTION by pltfs to compel discovery responses from deft
Brunswick Corporation (vjt) [Entry date 03/22/96]
[Edit date 03/22/96]
3/21/96 28 MEMORANDUM by pltfs in support of motion to compel discovery
[27-1] (vjt) [Entry date 03/22/96] [Edit date 03/22/96]
3/21/96 29 AFFIDAVIT of K. Craig Wildfang regarding motion to compel
discovery responses from deft Brunswick Corporation [27-1]
(vjt) [Entry date 03/22/96] [Edit date 03/22/96]
3/21/96 30 STATEMENT purs to Local Rule C-7(g) by pltfs re motion to
compel discovery [27-1] (vjt) [Entry date 03/22/96]
[Edit date 03/22/96]
3/22/96 31 MOTION by pltfs to dismiss counterclaim of deft Brunswick
Corp (vjt) [Entry date 03/25/96]
3/22/96 32 MEMORANDUM by pltfs in support of motion to dismiss
counterclaim of deft Brunswick Corp [31-1] (vjt)
[Entry date 03/25/96]
4/1/96 33 MOTION by deft for extension of time to respond to pltfs'
motion to dismiss counterclaim (vjt) [Entry date 04/03/96]
4/1/96 34 MEMORANDUM by deft in opposition to pltfs' motion to compel
[27-1] (vjt) [Entry date 04/03/96]
4/4/96 35 ORDER by Judge Susan W. Wright granting deft's motion for
extension of time until 4/16/96 to respond to pltfs' motion
to dismiss counterclaim [33-1] [31-1] (cc: all counsel) EOD
4/4/96 (vjt)
4/4/96 36 CLERK'S MINUTES: PRETRIAL Conference before Judge Susan W
Wright w/attys present; Court takes up motions; parties are
to work out disclosure agreement by April 25th and provide
court with estimate of length of trial (Genie Power) (sc)
4/16/96 37 MEMORANDUM by deft in opposition to pltfs' motion to
dismiss counterclaim [31-1] (vjt) [Entry date 04/17/96]
4/24/96 38 MOTION by Brunswick Corp for entry of interim protective
order (kayp)
4/29/96 39 SUPPLEMENTAL MEMORANDUM by pltfs in support of motion to
dismiss counterclaim of deft Brunswick Corp [31-1] (vjt)
[Entry date 04/30/96]
4/29/96 40 ORDER by Judge Susan W. Wright granting motion for entry of
interim protective order [38-1] (cc: all counsel) (vjt)
[Entry date 04/30/96]
5/3/96 41 COURT REPORTER'S TRANSCRIPT of hearing on motions before
Judge Susan Webber Wright on 4/4/96 (1 volume) (bt)
Docket as of April 30, 1998 7:05 pm Page 42
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5/3/96 42 MOTION by deft to strike pltfs' supplemental memorandum of
law in support of their motion to dismiss counterclaim (vjt)
[Entry date 05/06/96]
5/3/96 43 RESPONSE by deft to the Court's directive at the April 4
hrg re status of case [36-1] (vjt) [Entry date 05/06/96]
5/7/96 44 RESPONSE by plaintiffs to motion to strike pltfs'
supplemental memorandum of law in support of their motion
dismiss counterclaim [42-1] (jad) [Entry date 05/08/96]
5/8/96 45 MOTION by deft to compel (vjt) [Entry date 05/09/96]
5/8/96 46 MEMORANDUM by deft in support of motion to compel [45-1]
(vjt) [Entry date 05/09/96]
5/8/96 47 AFFIDAVIT of Andrew S. Marovitz regarding motion to compel
[45-1] (vjt) [Entry date 05/09/96]
5/22/96 48 MEMORANDUM by pltfs in opposition to deft's motion to
compel [45-1] (vjt) [Entry date 05/23/96]
5/22/96 49 AFFIDAVIT of Christopher W. Madel regarding motion response
[48-1] (vjt) [Entry date 05/23/96]
5/29/96 50 ORDER by Judge Susan W. Wright setting a hrg for 1:30 on
7/12/96 to dispose of pending motions [45-1] [42-1] [31-1]
[27-1] [22-1] [14-1]; the Court directs that no further
motions or responsive pleadings are to be filed prior to
that date; parties shall file a status report on or before
7/5/96 (cc: all counsel) (vjt) [Entry date 05/30/96]
6/17/96 51 EMERGENCY MOTION by deft for protective order (vjt)
[Entry date 06/18/96]
6/18/96 52 ORDER by Judge Susan W. Wright referring to Magistrate
Judge H. D. Young deft's emergency motion for protective
order [51-1] (cc: all counsel) EOD 6/18/96 (vjt)
6/19/96 53 MEMORANDUM by pltfs in opposition to deft's emergency
motion for protective order [51-1] (Exhibit 1 filed under
seal) (vjt) [Entry date 06/20/96]
6/21/96 54 ORDER by Magistrate Judge H. D. Young granting in part &
denying in part the motion for protective order [51-1] (cc:
all counsel) (bt) [Entry date 06/24/96]
7/5/96 55 NOTICE by plaintiffs of filing proposed joint statement in
advance of 7/12/96 conference (kayp) [Entry date 07/08/96]
7/5/96 56 WRITTEN STATUS REPORT by defendant Brunswick Corp (kayp)
[Entry date 07/08/96]
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7/9/96 57 ORDER by Judge Susan W. Wright referring to Magistrate
Judge H. D. Young all pretrial motions in this case until
the conclusion of this Court's lengthy criminal trial, USA
v. Herby Branscum, Jr. & Robert M. Hill [45-1] [42-1]
[31-1] [27-1] [22-1] [14-1]; the hrg set for 7/12/96 is
hereby continued (cc: all counsel) EOD 7/9/96 (vjt)
7/10/96 58 SUPPLEMENTAL MOTION by defendant Brunswick Corp for
protective order regarding Sheller deposition (kayp)
7/11/96 59 ORDER (DOC): Case will remain assigned to Judge Susan
Webber Wright but will be referred to Magistrate Judge
Jerry W. Cavaneau in place of Magistrate Judge H. David
Young (cc: all counsel) EOD 7/11/96 (vjt)
7/16/96 60 MEMORANDUM by pltfs in opposition to deft's supplemental
motion for protective order re Sheller deposition [58-1]
(vjt) [Entry date 07/17/96]
7/17/96 61 AFFIDAVIT of K. Craig Wildfang in support of motion
response [60-1] (vjt)
8/2/96 62 ORDER by Magistrate Judge Jerry W. Cavaneau directing the
Clerk to correct error re memo to the file (#59); this case
will remain assigned to Judge Wright but motion referrals
and/or case referrals will be assigned to Magistrate Judge
Cavaneau; referring to Magistrate Judge Jerry W. Cavaneau
all pretrial motions [58-1] [45-1] [42-1] [31-1] [27-1]
[22-1] [14-1]; terminating case referral to Magistrate
Judge Jerry W. Cavaneau (cc: all counsel) (vjt)
[Entry date 08/05/96]
8/27/96 63 SUPPLEMENTAL MOTION by deft Brunswick Corp to compel
production of financial information and other material (vjt)
[Entry date 08/28/96]
8/27/96 64 MEMORANDUM by deft Brunswick Corp in support of
supplemental motion to compel production of financial
information and other material [63-1] (vjt)
[Entry date 08/28/96]
8/27/96 65 AFFIDAVIT of Mary Ann Spiegel regarding motion to compel
production of financial information and other material
[63-1] (vjt) [Entry date 08/28/96]
8/27/96 66 AFFIDAVIT of Tracy A. Rosenthal regarding motion to compel
production of financial information and other material
[63-1] (vjt) [Entry date 08/28/96]
9/10/96 67 MEMORANDUM by pltfs in opposition to deft's supplemental
motion to compel [63-1] (vjt)
9/18/96 68 NOTICE of and MOTION by pltfs to impose sanctions and to
compel discovery responses from deft (vjt)
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9/18/96 69 MEMORANDUM by pltfs in support of motion to impose
sanctions [68-1] and to compel discovery responses [68-2]
(vjt)
9/18/96 70 AFFIDAVIT of K. Craig Wildfang in support of pltfs' motion
to impose sanctions on deft for failing to fulfill its
discovery obligations [68-1] [68-2] (vjt)
9/20/96 71 NOTICE of and MOTION by pltfs for partial summary
judgment or, in the alternative, that certain matters be
admitted (filed under seal) (vjt) [Entry date 09/23/96]
9/20/96 72 MEMORANDUM by pltfs in support of motion for partial
summary judgment [71-1] or, that certain matters be
admitted [71-2] (filed under seal) (vjt)
[Entry date 09/23/96]
9/20/96 73 AFFIDAVIT of David F. Ball regarding motion for partial
summary judgment [71-1] or, that certain matters be
admitted [71-2] (filed under seal) (vjt)
[Entry date 09/23/96]
9/20/96 74 AFFIDAVIT of Christopher W. Madel regarding motion for
partial summary judgment [71-1] or, that certain matters be
admitted [71-2] (filed under seal) (vjt)
[Entry date 09/23/96]
9/26/96 75 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part and denying in part deft's motion for protective order
[14-1]; granting pltfs' motion to strike deft's reply
memorandum in support of its motion for protective order,
or in the alternative, for oral argument on that motion
[22-1] (cc: all counsel) EOD 9/26/96 (vjt)
9/26/96 76 PROTECTIVE ORDER by Magistrate Judge Jerry W. Cavaneau re
pretrial procedures (cc: all counsel) EOD 9/26/96 (vjt)
9/27/96 77 MOTION by defendant to extend time to resp to pltfs'
motion for partial summary judgment or in the alternative
that certain matters be admitted (bt) [Entry date 09/30/96]
9/27/96 78 MEMORANDUM by defendant in opposition to motion to impose
sanctions regarding the production & copying of documents
[68-1] (bt) [Entry date 09/30/96]
9/27/96 79 STIPULATION of dismissal w/prej by pltf/counterdeft Fiber
Sport Inc, and deft/counterclaimant Brunswick Corp (bt)
[Entry date 09/30/96]
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9/27/96 80 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion
to extend time to resp to pltfs' motion for partial summary
judgment or in the alternative that certain matters be
admitted until 10/30/96 [77-1] [71-1] [71-2] (cc: all
counsel) (bt) [Entry date 09/30/96]
9/27/96 81 ORDER by Judge James M. Moody purs to the stipulation
entered, all claims pltf/counterdeft Fiber Sport Inc &
deft/counterclaimant have asserted against the other in
this action is dismissed w/prej & each party shall bear its
own costs (cc: all counsel) (bt) [Entry date 09/30/96]
9/30/96 82 ORDER (DOC) scheduling Rule 16 hearing before Hon James M
Moody at 1:00 on 10/17/96 (cc: all counsel) (kayp)
9/30/96 83 ORDER (DOC): setting a hrg for 10/16/96 at 9:30 am before
Magistrate Judge Jerry W. Cavaneau on the following
motions: to compel discovery responses from deft [27-1], to
compel [45-1], for protective order re Sheller deposition
[58-1], to compel production of financial info & other
material [63-1], to impose sanctions [68-1], and to compel
disc responses [68-2] (cc: all counsel) (vjt)
[Entry date 10/01/96]
10/1/96 84 NOTICE of Motion and MOTION by pltfs to compel
electronically-stored information and to prevent the further
destruction of documents (filed under seal) (vjt)
[Entry date 10/02/96] [Edit date 10/02/96]
10/1/96 85 MEMORANDUM by pltfs in support of motion to compel
electronically-stored information and to prevent the further
destruction of documents [84-1] (filed under seal) (vjt)
[Entry date 10/02/96] [Edit date 10/02/96]
10/1/96 86 AFFIDAVIT of Christopher W. Madel regarding motion to
compel electronically-stored information and to prevent the
further destruction of documents [84-1] (filed under seal)
(vjt) [Entry date 10/02/96]
10/1/96 87 AFFIDAVIT of Constance K. White regarding motion to compel
electronically-stored information and to prevent the
further destruction of documents [84-1] (filed under seal)
(vjt) [Entry date 10/02/96]
10/1/96 88 AMENDED Notice of Motion and MOTION by pltfs to compel
electronically-stored information and to prevent the
further destruction of documents (filed under seal) (vjt)
[Entry date 10/02/96]
10/2/96 89 ORDER by Judge Susan W. Wright Case reassigned to Judge
James M. Moody (cc: all counsel) EOD 10/2/96 (vjt)
10/3/96 90 NOTICE OF MOTION AND MOTION by plaintiff for leave to
amend complaint to add additional plaintiffs (kayp)
Docket as of April 30, 1998 7:05 pm Page 46
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10/3/96 91 MEMORANDUM by plaintiffs in support of motion for leave to
amend complaint to add additional plaintiffs [90-1] (kayp)
10/3/96 92 ORDER by Judge James M. Moody withdrawing reference of
pending motion to dismiss and motion for partial summary
judgment; all discovery motions remain referenced to
Magistrate Jerry W Cavaneau (cc: all counsel) (kayp)
[Entry date 10/04/96]
10/4/96 93 ORDER by Magistrate Judge Jerry W. Cavaneau directing
parties to file a discovery status report and proposed
agenda for the 10/16/96 discovery conference on or before
10/11/96 (cc: all counsel) EOD 10/4/96 (kayp)
10/11/96 94 MEMORANDUM by defendant in opposition to motion to compel
electronically-stored information and to prevent the further
destruction of documents [84-1] [88-1] (UNDER SEAL) (bt)
[Entry date 10/15/96] [Edit date 10/15/96]
10/11/96 95 DISCOVERY STATUS REPORT by plaintiffs (bt)
[Entry date 10/15/96]
10/11/96 96 PROPOSED Hearing agenda and discovery status report by
defendant (bt) [Entry date 10/15/96]
10/16/96 97 CLERK'S MINUTES: Hearing held before Magistrate Judge Jerry
W. Cavaneau on pending motions (Docket #'s 27, 45, 58, 63
and 68). Craig Wildfang, Brooks Poley, Chris Madel, Amy
Stewart and Jerry Jones present for pltfs. Mark
McLaughlin, Dan DuPre, William H. Sutton and Jim Simpson
present for deft. Court to enter written order. ERO -
Donna Jackson (dj)
10/17/96 98 MINUTES: RULE 16 hearing before Judge James M. Moody. Ct.
reporter Carolyn Fant. (sp)
10/18/96 99 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part and denying in part motion to compel discovery
responses from deft Brunswick Corporation [27-1], granting
in part and denying in part motions to compel [45-1]
[63-1], finding motion for protective order regarding
Sheller deposition moot [58-1], granting in part and
denying in part motion to compel copies of Genmar documents
and for sanctions [68-1] [68-2] and granting in part with
modification motion to compel electronically-stored
information and to prevent the destruction of documents
[84-1]; all requests for sanctions in the various motions
are denied (cc: all counsel) (kayp) [Entry date 10/24/96]
10/21/96 100 ORDER by Judge James M. Moody granting motion for leave to
amend complaint to add additional plaintiffs [90-1] (cc:
all counsel) (kayp) [Entry date 10/24/96]
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10/22/96 101 ORDER by Judge James M. Moody setting oral arguments on
pending motions for 11/26/96 at 1:00 p.m. with status
conferences to be held every three months on 1/23/97,
4/24/97, 7/17/97 and 10/16/97, each to begin at 1:00 p.m.
(cc: all counsel) (kayp) [Entry date 10/24/96]
10/25/96 102 SECOND AMENDED COMPLAINT [21-1]; adding plaintiffs Doral
Intl Inc and Albemarle Boats Inc (kayp)
[Entry date 10/28/96]
10/29/96 103 AMENDED ORDER by Judge James M. Moody setting oral
arguments on pending motions on Tuesday, 11/26/96 at 1:00
and scheduling status conference every 3 months beginning
on Thursday, 1/23/97 at 1:00 and continuing on Thursday,
4/24/97, Thursday, 7/17/97 and Thursday, 10/16/97, each
beginning at 1:00 p.m. (cc: all counsel) EOD 10/29/96 (kayp)
10/30/96 104 MEMORANDUM by defendant Brunswick Corp in opposition to
motion for partial summary judgment [71-1], or in the
alternative that certain matters be admitted [71-2] (filed
under seal) (kayp) [Entry date 10/31/96]
[Edit date 11/14/96]
10/30/96 105 STATEMENT OF FACTS (Rule 29) by defendant Brunswick Corp
(kayp) [Entry date 11/01/96]
11/4/96 106 NOTICE by plaintiffs of filing List of Documents (by Bates
Number Reference) from the Genmar litigation (filed in
camera under seal) and Acknowledgment by Merrill Corporation
(copy service) of receipt of copy of court's order of
10/18/96 as well as plaintiffs' Bates Requested List and
that same is not to be disclosed to any party except counsel
for plaintiffs (kayp) [Edit date 11/04/96]
11/4/96 107 STATUS REPORT by Brunswick Corp re electronic information
issues (kayp) [Entry date 11/05/96]
11/4/96 107 MOTION by Brunswick Corp for reconsideration of scope of
preservation order (kayp) [Entry date 11/05/96]
11/4/96 108 OBJECTIONS by Brunswick Corp to Judge Cavaneau's order
dated 10/18/96 [99-1] (kayp) [Entry date 11/05/96]
11/5/96 109 NOTICE AND MOTION by plaintiffs for an order protecting
pltfs from being forced to comply with the deposition
arrangement Brunswick has sought to impose (bt)
[Entry date 11/06/96]
11/5/96 110 MEMORANDUM by plaintiffs in support of motion for an order
protecting pltfs from being forced to comply with the
deposition arrangement Brunswick has sought to impose
[109-1] (bt) [Entry date 11/06/96]
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11/5/96 111 AFFIDAVIT of Constance K. White regarding motion for an
order protecting pltfs from being forced to comply with the
deposition arrangement Brunswick has sought to impose
[109-1] (bt) [Entry date 11/06/96]
11/5/96 112 AFFIDAVIT of K. Craig Wildfang regarding motion for an
order protecting pltfs from being forced to comply with the
deposition arrangement Brunswick has sought to impose
[109-1] (bt) [Entry date 11/06/96]
11/7/96 113 RESPONSE by Brunswick Corp to motion for an order
protecting pltfs from being forced to comply with the
deposition arrangement Brunswick has sought to impose
[109-1] (kayp)
11/8/96 114 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion
for an order protecting pltfs from being forced to comply
with the deposition arrangement Brunswick has sought to
impose [109-1] (cc: all counsel) (kayp)
[Entry date 11/12/96]
11/8/96 115 ANSWER by defendant Brunswick Corp to plaintiffs' second
amended complaint (kayp) [Entry date 11/12/96]
11/8/96 115 SECOND AMENDED COUNTERCLAIM by counter-claimant Brunswick
Corp (kayp) [Entry date 11/12/96]
11/8/96 116 MEMORANDUM OF LAW by plaintiffs in support of clarification
of protective order entered 9/26/96 [76-1] (filed under
seal) (kayp) [Entry date 11/12/96] [Edit date 11/14/96]
11/8/96 117 AFFIDAVIT of Christopher W. Madel regarding memorandum
[116-1] (filed under seal) (kayp) [Entry date 11/12/96]
[Edit date 11/14/96]
11/8/96 118 MEMORANDUM by Brunswick Corp to order of Magistrate
Cavaneau re the notice to be provided to former employees
prior to interviews by counsel [99-1] (kayp)
[Entry date 11/13/96]
11/13/96 119 NOTICE OF MOTION AND MOTION by plaintiff to compel a
response (filed under seal) (kayp) [Entry date 11/14/96]
11/13/96 120 MEMORANDUM by plaintiffs in support of motion to compel a
response [119-1] (filed under seal) (kayp)
[Entry date 11/14/96] [Edit date 11/14/96]
11/13/96 121 AFFIDAVIT of K. Craig Wildfang regarding motion to compel a
response [119-1] (filed under seal) (kayp)
[Entry date 11/14/96] [Edit date 11/14/96]
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11/13/96 122 MEMORANDUM OF LAW by plaintiffs in response to defendant
Brunswick's status report regarding electronic information
issues and motion for reconsideration of scope of
preservation order [107-1] (filed under seal) (kayp)
[Entry date 11/14/96] [Edit date 11/14/96]
11/13/96 123 AFFIDAVIT of Christopher W. Madel re memorandum of law in
response to status report re electronic info issues and
motion for reconsideration of scope of preservation order
[122-1] (filed under seal) (kayp) [Entry date 11/14/96]
11/15/96 124 TRANSCRIPT (1 volume) of hearing on pending motions before
Magistrate Jerry W. Cavaneau on 10/16/96 (kayp)
11/19/96 125 MOTION by Brunswick Corp to extend time within which to
respond to plaintiffs' seventh set of discovery requests
(kayp)
11/20/96 126 CLERK'S MINUTES: Telephone conference held with Magistrate
Judge Cavaneau, Amy Stewart, Craig Wildfang, Jim Simpson
and Mary Ann Spiegel regarding motion to extend time to
respond to discovery requests. Court to enter written
order. ERO - Donna Jackson (dj)
11/21/96 127 MEMORANDUM by Brunswick Corp in opposition to plaintiffs'
motion to compel a response [119-1] (kayp)
[Entry date 11/22/96]
11/22/96 128 ORDER by Magistrate Judge Jerry W. Cavaneau granting, with
conditions, motion to extend time within which to respond
to seventh set of discovery requests [125-1]; hearing on
pending disposive motions, previously set for 11/26/96 is
canceled and the hearing reset for 9:00 on 12/16/96 at the
same location (cc: all counsel) EOD 11/22/96 (kayp)
11/25/96 129 OPPOSITION by plaintiff to defendant's motion for extension
of time within which to respond to plaintiffs' seventh set
of discovery requests [125-1] (kayp)
11/26/96 130 MEMORANDUM OF LAW by plaintiffs in opposition to objections
of deft Brunswick Corp to Magistrate Cavaneau's order dated
10/18/96 (filed under seal) (kayp) [Edit date 11/26/96]
11/26/96 131 AFFIDAVIT of Christopher W Madel regarding memorandum of law
in response to deft's status report regarding electronic
information issues and motion for reconsideration of scope
of preservation order [107-1] (filed under seal) (kayp)
[Edit date 11/26/96]
12/3/96 132 Notice of motion and motion by plaintiffs to compel
compliance by deft Brunswick Corp with court's 10/18/96
order (filed under seal) (kayp)
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12/3/96 133 MEMORANDUM by plaintiffs in support of motion to compel
compliance by deft Brunswick Corp with court's 10/18/96
order [132-1] (filed under seal) (kayp)
12/3/96 134 AFFIDAVIT of K. Craig Wildfang regarding motion to compel
compliance by deft Brunswick Corp with court's 10/18/96
order [132-1] (filed under seal) (kayp)
12/13/96 135 MEMORANDUM by Brunswick Corp in opposition to motion to
compel compliance by deft Brunswick Corp with court's
10/18/96 order [132-1] (Exhibits to Memorandum Filed Under
Seal) (kayp) [Entry date 12/16/96]
12/16/96 136 CLERK'S MINUTES: HEARING on dispositive motions before
Judge James M. Moody. Court takes motions under advisement.
Reptr. Carolyn Fant. (sp) [Entry date 12/17/96]
12/19/96 137 AFFIDAVIT of Constance K. White (bt) [Entry date 12/26/96]
[Edit date 12/27/96]
12/20/96 138 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau, Jim Simpson and Amy Stewart. ERO - Donna Jackson
(dj) [Edit date 12/27/96]
12/20/96 139 MOTION by Brunswick Corp for protective order & return of
privileged documents (lb) [Entry date 12/24/96]
[Edit date 12/27/96]
12/20/96 140 MEMORANDUM by deft Brunswick Corp in support of motion for
protective order [139-1] & return of privileged documents
(lb) [Entry date 12/24/96] [Edit date 12/27/96]
12/20/96 141 ORDER by Judge James M. Moody denying motion to dismiss
counterclaim of deft Brunswick Corp [31-1]; finding the
motion to strike pltfs' supplemental memorandum of law in
support of their motion to dismiss counterclaim moot [42-1]
(cc: all counsel) (bt) [Entry date 12/24/96]
[Edit date 12/27/96]
12/23/96 142 ORDER by Judge Jerry W. Cavaneau setting telephone
conference hearing at 11:00 a.m. on 12/30/96 to discuss
various discovery issues; parties are to initiate call (cc:
all counsel) (kayp) [Entry date 12/30/96]
[Edit date 01/07/97]
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12/23/96 143 ORDER by Magistrate Judge Jerry Cavaneau denying in part and
granting in part motion for reconsideration of scope of
preservation order [107-1]; Genmar Documents aspect of
motion is denied; deft has demonstrated that it is entitled
to a narrowing of the Preservation Order and court will
permit destruction of irrelevant material or materials whose
cost of preservation substantially outweighs their relevance
parties shall file list of categories of all materials they
wish to destroy, with service on the opposition, who shall
file any objections within 11 days thereafter; the order of
10/18/96 shall remain in effect (cc: all counsel) (kayp)
[Entry date 12/30/96] [Edit date 09/22/97]
12/23/96 144 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part, denying in part and deferring in part motion to
compel electronically-stored information and to prevent the
further destruction of documents [84-1]; deft shall provide
to the court and to plaintiffs a detailed written
description of all electronically stored information
maintained by deft on or before 1/15/97; granting in part,
denying in part and deferring in part motion to compel
compliance by deft Brunswick Corp with court's 10/18/96
order [132-1] (cc: all counsel) (kayp) [Entry date 12/30/96]
12/30/96 145 CLERK'S MINUTES: PHONE CONFERENCE held with Magistrate
Judge Cavaneau and counsel representation from each party
present. Status of issues and deadlines discussed. ERO
Jan Hoyt (jah)
12/31/96 146 ORDER by Judge James M. Moody denying motion for partial
summary judgment [71-1] and denying motion that certain be
admitted, but granting the alternate motion to require than
an amended answer be served [71-2] (cc: all counsel) EOD
12/31/96 (kayp)
1/3/97 147 SCHEDULING ORDER (DOC) setting jury trial for 9:15 on
1/26/98; discovery due 12/1/97; status report due 12/1/97;
info sheet due 1/5/98 (cc: all counsel) (kayp)
[Entry date 01/06/97]
1/6/97 148 ORDER by Magistrate Judge Jerry W. Cavaneau modifying the
protective order of 9/26/96 and exhibit b thereto (the
notice letter) (cc: all counsel) (kayp)
[Entry date 01/07/97]
1/7/97 149 ORDER by Magistrate Judge Jerry W. Cavaneau correcting fax
number stated in court's order of 12/23/96 to 501-324-6339
(cc: all counsel) (kayp) [Entry date 01/08/97]
1/9/97 150 AGENDA AND BRIEF filed by Brunswick Corp for 1/10/97
telephone conference (kayp) [Entry date 01/10/97]
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1/10/97 151 CLERK'S MINUTES: Pre-trial conference held before
Magistrate Judge Cavaneau. Amy Stewart and Jerry Jones -
for pltfs and Jim Simpson and David Wilson - for deft
present in chambers. Brooks Poley and Craig Wildfang -
pltfs and Mark McLaughlin, Dan DuPre, Mary Ann Spiegel and
John Carroll - deft present by telephone. ERO - Donna
Jackson (dj)
1/13/97 152 ORDER by Magistrate Judge Jerry W. Cavaneau setting
computer expert meeting for 9:00 on 1/23/97; setting
hearing on motion for protective order on 1/23/97 following
scheduled status conference with Judge Moody [139-1];
granting deft through 1/31/97 to comply with Judge Moody's
order of 12/31/96; requiring deft to supplement its
responses to plaintiffs' discovery requests; plaintiffs
shall also respond to deft's proposed e-mail questionnaire
and list of relevant depts by 1/14/97; plaintiffs are to
provide to the court on or before 1/14/97 representative
copies of instructions sent to clients as to what documents
would be responsive and would have to be produced (cc: all
counsel) (kayp) [Entry date 01/14/97]
1/13/97 153 MEMORANDUM by plaintiff in opposition to motion for
protective order and for the return of privileged documents
[139-1] (Filed Under Seal) (kayp) [Entry date 01/14/97]
1/13/97 154 AFFIDAVIT of K. Craig Wildfang regarding memorandum in
opposition to motion for a protective order and for the
return of privileged documents [153-1] (Filed Under Seal)
(kayp) [Entry date 01/14/97] [Edit date 01/14/97]
1/13/97 155 AFFIDAVIT of Constance K. White regarding memorandum in
opposition to motion for protective order and for the
return of privileged documents [153-1] (kayp)
[Entry date 01/14/97]
1/14/97 156 AFFIDAVIT of Cathy Ward of service by mail of memorandum of
law in opposition to motion for a protective order [153-1],
and affidavits in support thereof [154-1] [155-1] (Filed
Under Seal) (kayp) [Entry date 01/15/97]
1/15/97 157 AGENDA AND BRIEF filed by defendant Brunswick Corp for 1/17
telephone conference (kayp) [Entry date 01/16/97]
1/17/97 158 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Jim Simpson present in chambers and Mark
McLaughlin present by phone for deft. Brooks Poley present
by phone for pltfs. E.R.O. - Donna Jackson (dj)
Docket as of April 30, 1998 7:05 pm Page 53
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1/21/97 159 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone discovery conference of 1/17/97 ordering
plaintiffs to respond by 1/23/97 to deft's deficiency
letters; the e-mail questionnaire submitted by defts shall
be the form utilized with exceptions set out in this order;
pltfs' request that the questionnaire be sent to all
employees with computers is denied; deft shall provide
pltfs a list identifying each individual to whom a
questionnaire is sent; pltfs shall, as soon as possible,
furnish to deft and the court a list of persons they feel
should take part in the computer meeting on 1/23/97 and
furnish their list of categories of info to be explored at
the meeting by 1/20/97; argument will be heard on deft's
motion for return of privileged documents on 1/23/97
following the status conference (cc: all counsel) EOD
1/21/97 (kayp)
1/23/97 160 CLERK'S MINUTES: Hearing on deft's mot for protective
order and return of privileged documents (Docket #139) held
before Magistrate Judge Jerry W. Cavaneau. Jerry Jones,
Amy Stewart, Craig Wildfang and Brooks Poley present for
pltfs. Jim Simpson, Mark McLaughlin, Dan Dupree, William
Sutton and Mary Ann Spiegel present for deft. Court to
enter written order. ERO - Donna Jackson (dj)
1/23/97 161 CLERK'S MINUTES: STATUS CONF. held before Judge James M.
Moody. Oral motion by defts. to amend answer granted. The
parties are given 10 days to work out issues relating to
clarification of order denying motion to dismiss
counterclaim. An ASO resetting trial date will be
forthcoming. Ctreptr. Carolyn Fant. (sp)
[Entry date 01/24/97]
1/24/97 162 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion
for protective order and directing plaintiffs to return the
documents identified in deft's privilege log, including all
copies [139-1] (cc: all counsel) (kayp)
[Entry date 01/27/97]
1/27/97 163 ORDER by Judge James M. Moody following status conference
of 1/23/97 granting deft's oral motion in open court to
file an amended answer due to a clerical error; and
granting parties ten days in which to mutually resolve
issues re FTC advisory opinion process; if unable to do so,
application should be made to the court for further rulings
cc: all counsel) EOD 1/27/97 (kayp)
1/28/97 164 ORDER by Judge James M. Moody affirming the first aspect of
order of 10/18/96 and dismissing the second aspect of the
order and affirming Judge Cavaneau's later ruling on motion
for reconsideration [108-1] [107-1] (cc: all counsel) (kayp)
[Entry date 01/29/97]
Docket as of April 30, 1998 7:05 pm Page 54
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1/29/97 165 AGENDA AND BRIEF filed by Brunswick Corp for 1/31 telephone
conference (kayp) [Entry date 01/31/97]
1/31/97 166 CLERK'S MINUTES: Telephone conference held with Magistrate
Judge Cavaneau. Amy Stewart and Jim Simpson present in
chambers and Brooks Poley, Mark McLaughlin, Mary Ann
Spiegel and Dan DuPre by telephone. ERO - Donna Jackson (dj)
1/31/97 167 ORDER by Judge James M. Moody granting plaintiffs a 10-day
extension of time in which to appeal to the district court
from the Magistrate's order of 1/24/97 (cc: all counsel)
EOD 1/31/97 (kayp)
2/3/97 168 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone discovery conference of 1/31/97 ordering pltfs to
file a list of items not responded to on or before 2/7/97
and project when those responses will be made; all
financial info shall be produced on or before 2/14/97; on
or before 2/5/97 pltfs shall identify not more than 15 of
defts' employees whose electronic files they wish to review
and deft shall file any objection on or before the close of
business on 2/7/97; deft shall produce to pltfs not later
than 2/26/97 in electronic format all computer files and
other electronic info which each employee has created or
which resides on the employee's hard-drive, including any
e-mail sent to or received by the employee, only privileged
or non-marine materials to be excluded; deft shall have the
same right to spot-check pltfs' production of electronic
materials if it chooses; the parties will report on the
status of this issue at the discovery conference of 2/7/97;
the court will not stay the order for return of privileged
documents but the district court has granted a 10-day
extension for time to appeal to the district judge from the
magistrate judge's order of 1/24/97; the previous order
concerning the place of depositions shall remain in effect;
pltfs' request for a moratorium on depositions for the
month of February is denied (cc: all counsel) (kayp)
[Entry date 02/04/97]
2/5/97 169 AGENDA AND BRIEF filed by defendant Brunswick Corp for
2/7/97 telephone conference (kayp) [Entry date 02/06/97]
2/7/97 170 CLERK'S MINUTES: Telephone (status) conference held before
Magistrate Judge Jerry W. Cavaneau. Amy Stewart for pltfs
and Jim Simpson and Tony Wilcox for deft present in
chambers; Brooks Poley and Craig Wildfang for pltfs and
Mark McLaughlin, Dan Dupree and Mary Ann Spiegel for deft
present by telephone. ERO - Donna Jackson (dj)
2/10/97 171 NOTICE by plaintiffs of filing proposed agenda for 2/7/97
telephone conference with Magistrate Judge Cavaneau (kayp)
[Entry date 02/11/97]
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2/12/97 172 AGENDA AND BRIEF filed by defendant for February 14
telephone conference (bt) [Entry date 02/14/97]
2/12/97 173 ORDER by Magistrate Judge Jerry W. Cavaneau purs to the
telephone conference of 2/7/97, the court orders pltfs to
provide their responses and supplemental production with
resp to those 30 days letter responses which are currently
delinquent by 2/21/97; pltfs are granted until the time for
appeal to the district judge has run to return the alleged
privileged documents encompassed by the court's 1/24/97
order; if pltfs choose to appeal, the documents may be held
pending the disposition of the appeal; the court will ask
for a status report at the next Friday conference (cc: all
counsel) (bt) [Entry date 02/14/97]
2/14/97 174 CLERK'S MINUTES: Telephone conference held with Magistrate
Judge Cavaneau. Jerry Jones (pltf) and Tony Wilcox (deft)
present in chambers and Brooks Poley (pltf) and Mark
McClaughlin, Dan Dupree and Mary Ann Spiegel present by
telephone. ERO - Donna Jackson (dj)
2/14/97 175 NOTICE OF MOTION and MOTION by plaintiffs for
reconsideration of Magistrate Judge Cavaneau's January 24,
1997 order UNDER SEAL (bt)
2/14/97 176 MEMORANDUM by plaintiffs in support of motion for
reconsideration of Magistrate Judge Cavaneau's January 24,
1997 order [175-1] UNDER SEAL (bt) [Edit date 02/14/97]
2/14/97 176 OBJECTIONS by plaintiffs to Magistrate Judge Cavaneau's
order of 1/24/97 [162-1] UNDER SEAL (bt)
[Edit date 02/14/97]
2/14/97 177 AFFIDAVIT of Constance K. White regarding motion for
reconsideration of Magistrate Judge Cavaneau's January 24,
1997 order [175-1] UNDER SEAL (bt)
2/18/97 178 ORDER by Magistrate Judge Jerry W. Cavaneau after the
telephone conference of 2/14/97 modifying the court's
10/18/96 order, directing parties to file any application to
Judge Moody for resolution of the problems arising out of
the counterclaim, cancelling the telephone discovery
conference of 2/21/97 and noting that the next three
telephone discovery conferences will be held on 2/28/97,
3/14/97 and 3/28/97 and rescheduling status conference for
10/9/97 at 1:00 in Room 545, U.S. Courthouse (cc: all
counsel) (kayp) [Entry date 02/20/97]
[Edit date 02/25/97]
2/18/97 179 AMENDMENT TO ANSWER to pltfs' consolidated amended complaint
and amended counterclaim by deft Brunswick Corp (kayp)
[Entry date 02/21/97] [Edit date 02/25/97]
Docket as of April 30, 1998 7:05 pm Page 56
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2/20/97 180 TRANSCRIPT (1 volume) of hearing before the Hon. Jerry W.
Cavaneau on 1/23/97 (kayp) [Entry date 02/21/97]
[Edit date 02/25/97]
2/24/97 182 CLERK'S MINUTES: Telephone conference held with Magistrate
Judge Cavaneau. Any Stewart (pltf), Chris Madel (pltf),
Craig Wildfang (pltf), Andrew Marovitz (deft) and Tony
Wilcox (dft) present by telephone. ERO - Jan Hoyt (jah)
[Edit date 02/25/97]
2/24/97 181 RESPONSE by defendant Brunswick Corp to motion for
reconsideration of Magistrate Judge Cavaneau's January 24,
1997 order [175-1] (kayp) [Entry date 02/25/97]
2/25/97 183 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone conferences of 2/21 and 2/24/97 regarding the
Sheller deposition and other depositions (cc: all counsel)
(kayp) [Entry date 02/26/97]
2/26/97 184 NOTICE by defendant Brunswick Corp of filing agenda and
brief for 2/28 telephone conference (kayp)
[Entry date 02/27/97]
2/27/97 185 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion
for reconsideration of Magistrate Judge Cavaneau's January
24, 1997 order [175-1] (cc: all counsel) EOD 2/27/97 (kayp)
2/28/97 186 CLERK'S MINUTES: Telephone conference held before
Magistrate Judge Cavaneau. Jerry Jones (pltfs) and Jim
Simpson (deft) present in chambers, Brooks Poley and Craig
Wildfang for pltfs and Mark McLaughlin, Dan DuPre and Mary
Ann Spiegel for deft present by phone. ERO - Donna Jackson
(dj)
3/3/97 187 NOTICE OF MOTION AND MOTION by plaintiffs to compel (kayp)
3/3/97 188 MEMORANDUM by plaintiffs in support of motion to compel
[187-1] (kayp)
3/3/97 189 AFFIDAVIT of Brooks F. Poley regarding motion to compel
(kayp)
3/3/97 190 AFFIDAVIT of Ronnie J. La Plante regarding service of
affidavit [189-1], memorandum of law in support of motion
to compel [188-1] and motion to compel [187-1] and pltfs'
proposed order upon counsel for opposing parties (kayp)
3/3/97 191 MOTION by plaintiffs to modify protective order FILED
UNDER SEAL (kayp)
3/3/97 192 MEMORANDUM by plaintiffs in support of motion to modify
protective order [191-1] FILED UNDER SEAL (kayp)
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3/3/97 193 AFFIDAVIT of Brooks F. Poley regarding motion to modify
protective order [191-1] FILED UNDER SEAL (kayp)
3/3/97 194 AFFIDAVIT of service of Lisa M. Krafve regarding affidavit
[193-1], memorandum [192-1] and motion to modify protective
order [191-1] FILED UNDER SEAL (kayp)
[Edit date 03/03/97]
3/3/97 195 MOTION by pltfs to compel production of deft's imaging
system and indices (kayp)
3/3/97 196 MEMORANDUM of law by pltfs in support of motion to compel
production of deft's imaging system and indices [195-1]
FILED UNDER SEAL (kayp)
3/3/97 197 AFFIDAVIT of K. Craig Wildfang regarding motion to compel
production of deft's imaging system and indices [195-1]
(kayp)
3/3/97 198 AFFIDAVIT of Constance K. White regarding motion to compel
production of deft's imaging system and indices [195-1]
(kayp)
3/3/97 199 AFFIDAVIT of Laura A. Pfeiffer regarding motion to compel
production of deft's imaging system and indices [195-1]
(kayp)
3/3/97 200 MOTION by pltfs to compel the production of documents that
Brunswick has withheld but failed to meaningfully identify
on any privilege log FILED UNDER SEAL (kayp)
[Edit date 03/03/97]
3/3/97 201 MEMORANDUM by plaintiff in support of motion to compel the
production of documents that Brunswick has withheld but
failed to meaningfully identify on any privilege log
[200-1] FILED UNDER SEAL (kayp)
3/3/97 202 AFFIDAVIT of K. Craig Wildfang regarding motion to compel
the production of documents that Brunswick has withheld but
failed to meaningfully identify on any privilege log
[200-1] FILED UNDER SEAL (kayp)
3/3/97 203 AFFIDAVIT of Constance K. White regarding motion to compel
the production of documents that Brunswick has withheld but
failed to meaningfully identify on any privilege log
[200-1] FILED UNDER SEAL (kayp)
3/3/97 204 ORDER by Judge James M. Moody affirming Judge Cavaneau's
order of 1/24/97 (cc: all counsel) (kayp)
[Entry date 03/04/97]
3/3/97 205 NOTICE OF MOTION AND MOTION by pltfs to compel discovery
against deft Brunswick Corp (relevant markets) FILED UNDER
SEAL (kayp) [Entry date 03/04/97]
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3/3/97 206 MEMORANDUM by pltfs in support of motion to compel
discovery against deft Brunswick Corp (relevant markets)
[205-1] FILED UNDER SEAL (kayp) [Entry date 03/04/97]
3/3/97 207 AFFIDAVIT of Christopher W. Madel regarding motion to
compel discovery against deft Brunswick Corp (relevant
markets) [205-1] FILED UNDER SEAL (kayp)
[Entry date 03/04/97]
3/3/97 208 NOTICE OF MOTION AND MOTION by plaintiffs to compel
production of Joseph Pomeroy's June 1995 Sales Conference
document FILED UNDER SEAL (kayp) [Entry date 03/04/97]
3/3/97 209 MEMORANDUM by pltfs in support of motion to compel
production of Joseph Pomeroy's June 1995 Sales Conference
document [208-1] FILED UNDER SEAL (kayp)
[Entry date 03/04/97]
3/5/97 210 ORDER by Magistrate Judge Jerry W. Cavaneau following the
telephone conference of 2/28/97 directing that deft shall
produce all electronic data created on behalf of P Larson,
R Steinway and W Barrington; parties shall suppy electronic
materials as quickly as possible and file a written report
by 3/12/97 stating what materials have and have not been
supplied and projected completion date; parties shall
submit by 3/12/97 their positions re pltfs' proposal that
current employees are made available for trial; and
advising parties of Judge Moody's availability to hear oral
arguments on pltfs' proposed motion on 3/12 or 3/13 or late
in the day on 3/25 or 3/28 (cc: all counsel) EOD 3/5/97
(kayp)
3/5/97 211 MOTION by plaintiffs to amend third amended complaint
FILED UNDER SEAL (kayp) [Edit date 03/05/97]
3/5/97 212 MEMORANDUM by pltfs in support of motion to amend third
amended complaint [211-1] FILED UNDER SEAL (kayp)
[Edit date 03/05/97]
3/7/97 213 ORDER by Magistrate Judge Jerry W. Cavaneau after telephone
conference of 3/6/97 ordering deft to respond to pltfs'
motions to modify protective order and to compel production
of withheld FTC documents by the close of business on
3/19/97; oral argument will be held on these motions on
3/21/97 at 9:00; deft shall respond to the remaining four
motions by close of business on 4/3/97; oral argument on
these motions is tentatively scheduled for 4/24/97 at 9:00;
parties may request an earlier hearing on these motions
(cc: all counsel) EOD 3/7/97 (kayp)
3/7/97 214 MOTION by pltfs for attorney Laura A. Pfeiffer to appear
pro hac vice (kayp) [Entry date 03/10/97]
Docket as of April 30, 1998 7:05 pm Page 59
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3/11/97 215 ORDER by Judge James M. Moody granting motion for attorney
Laura A. Pfeiffer to appear pro hac vice [214-1] (cc: all
counsel) (kayp) [Entry date 03/12/97]
3/12/97 216 AGENDA AND BRIEF filed by Brunswick Corp for March 14
telephone conference and report on status of production of
electronic information (kayp) [Entry date 03/13/97]
[Edit date 03/13/97]
3/13/97 219 SUPPLEMENT TO AGENDA AND BRIEF by Brunswick Corp for March
14 telephone conference and report on status of production
of electronic information [216-1] (kayp)
[Entry date 03/17/97]
3/14/97 217 CLERK'S MINUTES: Telephone conference held with Magistrate
Judge Cavaneau. Present in chambers for plaintiffs - Jerry
Jones; for defendant - Jim Simpson and Tony Wilcox. Present
by telephone for plaintiffs - Amy Stewart, Brooks Poley,
Craig Wildfang and Ben Mulcahy; for defendant - Dan DuPre
and Andy Marovitz. ERO - Donna Jackson (dj)
3/14/97 218 AMENDED SCHEDULING ORDER setting jury trial for 9:00 on
2/9/98; discovery due 12/1/97; pretrial info sheet due
1/19/98 (cc: all counsel) (kayp)
3/14/97 220 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone conference of 3/14/97 directing pltfs to submit
privilege log on or before 4/18/97; directing parties to
submit simultaneous briefs on the dealer info interrogs and
requests before close of business on 3/19/97; the court
will hear oral argument on this motion during the scheduled
hearing of 3/21/97 at 9:00 (cc: all counsel) (kayp)
[Entry date 03/17/97]
3/17/97 221 RESPONSE by defendant Brunswick Corp to motion to amend
third amended complaint [211-1] (kayp) [Entry date 03/18/97]
3/18/97 222 MOTION by deft Brunswick Corp to strike pltfs' reply to
second amended counterclaim and for default judgment on
amended counterclaim and second amended counterclaim (kayp)
[Entry date 03/19/97]
3/18/97 223 BRIEF by defendant Brunswick Corp in support of motion to
strike pltfs' reply to second amended counterclaim [222-1]
and for default judgment on amended counterclaim and second
amended counterclaim [222-2] (kayp) [Entry date 03/19/97]
3/19/97 224 MEMORANDUM by defendant Brunswick Corp in opposition to
motion to modify protective order [191-1] (kayp)
[Entry date 03/20/97]
Docket as of April 30, 1998 7:05 pm Page 60
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3/19/97 225 MEMORANDUM by defendant Brunswick Corp in opposition to
pltfs' motion to compel production of all of its
communications with all of its marine dealers (see Pltfs'
Agenda for March 14 Hearing, p. 2) (kayp)
[Entry date 03/20/97]
3/19/97 226 MEMORANDUM by defendant Brunswick Corp in opposition to
motion to compel the production of FTC privileged documents
[200-1] (kayp) [Entry date 03/20/97]
3/20/97 227 MOTION by deft Brunswick Corp to extend time within which
to supply appropriate electronic information for Peter
Larson (kayp) [Entry date 03/21/97]
3/21/97 228 CLERK'S MINUTES: Hearing held on pending motions before
Magistrate Judge Jerry W. Cavaneau. Jerry Jones, Amy
Stewart and Craig Wildfang present for plaintiffs. Jim
Simpson, Mark McLaughlin and William Sutton present for
defendant. Court to enter written order. ERO - Donna
Jackson (dj)
3/24/97 229 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion
to extend time within which to supply appropriate
electronic information for Peter Larson and granting a
ten-day extension of time [227-1] (cc: all counsel) EOD
3/24/97 (kayp)
3/26/97 230 ORDER by Judge James M. Moody granting motion to amend
third amended complaint [211-1] (cc: all counsel) (kayp)
[Entry date 03/27/97]
3/28/97 231 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Present in chambers: Amy Stewart for pltfs and
Jim Simpson for deft. Present by telephone: Brooks Poley,
Craig Wildfang and Chris Madel for pltfs and Mark
McLaughlin, Mary Ann Spiegel and Andy Marovitz for deft.
Court to enter written order. ERO - Donna Jackson (dj)
3/28/97 232 MOTION by deft Brunswick Corp to deny pltf G W Invader
highly confidential treatment of testimony and documents
that show that it filed false reports to qualify for lower
prices (kayp) [Entry date 03/31/97]
3/28/97 233 BRIEF by defendant Brunswick Corp in support of motion to
deny pltf G W Invader highly confidential treatment of
testimony and documents that show that it filed false
reports to qualify for lower prices [232-1] (kayp)
[Entry date 03/31/97]
3/28/97 234 ORDER by Magistrate Judge Jerry W. Cavaneau pursuant to
telephone discovery conference of 3/28/97 (cc: all counsel)
(kayp) [Entry date 03/31/97]
Docket as of April 30, 1998 7:05 pm Page 61
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3/31/97 235 THIRD AMENDED COMPLAINT [102-1] by plaintiffs; jury trial
demanded (FILED UNDER SEAL) (kayp) [Edit date 03/31/97]
3/31/97 236 RESPONSE by plaintiff to motion to strike pltfs' reply to
second amended counterclaim [222-1] and for default
judgment on amended counterclaim and second amended
counterclaim [222-2] (kayp) [Entry date 04/01/97]
4/1/97 237 MOTION by defendant Brunswick Corp to strike paragraph 67
from the third amended complaint and/or to exclude all
references to internal transfer pricing (kayp)
[Entry date 04/02/97] [Edit date 08/07/97]
4/1/97 238 MEMORANDUM by defendant Brunswick Corp in support of motion
to strike paragraph 67 from the third amended complaint
[237-1] and/or to exclude all references to internal
transfer pricing [237-2] (kayp) [Entry date 04/02/97]
4/1/97 352 ORDER by Judge James M. Moody denying motion to strike
paragraph 67 from the third amended complaint [237-1] (cc:
all counsel) EOD 7/28/97 (kayp) [Entry date 07/28/97]
[Edit date 08/07/97]
4/2/97 239 NOTICE by defendant Brunswick Corp of filing submission re
deposition scheduling and protocol (kayp)
[Entry date 04/03/97]
4/3/97 240 AFFIDAVIT of service by Jim Cameron that the third amended
complaint was served upon John D. French with the firm of
Faegre & Benson on 3/27/97 (kayp)
4/3/97 241 MEMORANDUM by deft Brunswick Corp in opposition to motion to
compel production of Joseph Pomeroy's June 1995 Sales
Conference document [208-1] FILED UNDER SEAL (kayp)
[Entry date 04/04/97] [Edit date 04/04/97]
4/3/97 242 MEMORANDUM by deft in opposition to motion to compel
discovery against deft Brunswick Corp (relevant markets)
[205-1] FILED UNDER SEAL (kayp) [Entry date 04/04/97]
[Edit date 04/04/97]
4/7/97 243 ANSWER by Brunswick Corp to pltfs' third amended complaint
(kayp)
4/7/97 243 THIRD AMENDED COUNTERCLAIM by counter-claimant Brunswick
Corp (kayp)
4/7/97 244 MEMORANDUM by deft in opposition to motion to compel
production of deft's imaging system and indices [195-1]
FILED UNDER SEAL (kayp) [Entry date 04/08/97]
[Edit date 04/08/97]
4/7/97 245 AFFIDAVIT of Mary Ann Spiegel regarding memorandum in
opposition to motion to compel [244-1] FILED UNDER SEAL
Docket as of April 30, 1998 7:05 pm Page 62
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4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
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(kayp) [Entry date 04/08/97]
4/7/97 246 MEMORANDUM by deft in opposition to motion to compel the
production of documents that Brunswick has withheld but
failed to meaningfully identify on any privilege log
[200-1] (kayp) [Entry date 04/08/97]
4/8/97 247 MOTION by pltfs to compel and for jury instruction FILED
UNDER SEAL (kayp) [Edit date 04/08/97]
4/8/97 248 MEMORANDUM by plfs in support of motion to compel [247-1]
and for jury instruction [247-2] FILED UNDER SEAL (kayp)
4/8/97 249 AFFIDAVIT of K. Craig Wildfang regarding motion to compel
[247-1] and for jury instruction [247-2] FILED UNDER SEAL
(kayp) [Edit date 04/08/97]
4/8/97 250 AFFIDAVIT of service of Ronnie J. La Plante regarding
memorandum [248-1], motion to compel [247-1], and for jury
instruction [247-2] (kayp)
4/8/97 251 NOTICE OF MOTION AND MOTION by plfs to compel production
of electronic mail and for jury instruction FILED UNDER
SEAL (kayp)
4/8/97 252 MEMORANDUM by pltfs in support of motion to compel
production of electronic mail [251-1] and for jury
instruction [251-2] FILED UNDER SEAL (kayp)
4/8/97 253 AFFIDAVIT of Constance K. White regarding motion to compel
production of electronic mail [251-1] and for jury
instruction [251-2] FILED UNDER SEAL (kayp)
4/8/97 254 AFFIDAVIT of Christopher W. Madel regarding motion to
compel production of electronic mail [251-1] and for jury
instruction [251-2] FILED UNDER SEAL (kayp)
4/8/97 255 AFFIDAVIT of Ronnie J. LaPlante regarding service of
affidavits [254-1], [253-1], memorandum [252-1], and motion
to compel production of electronic mail [251-1] (kayp)
4/8/97 256 ORDER by Judge James M. Moody recognizing March 3, 1997 as
the effective date of pltfs' reply to deft's second amended
counterclaim [115-1] (cc: all counsel) EOD 4/8/97 (kayp)
4/8/97 257 TRANSCRIPT (1 volume) of hearing on pending motions before
Magistrate Judge Jerry W. Cavaneau on 3/21/97 (kayp)
[Entry date 04/09/97]
4/9/97 258 AGENDA AND BRIEF filed by defendant for April 11th telephone
conference (FILED UNDER SEAL) (kayp) [Entry date 04/10/97]
[Edit date 04/10/97]
Docket as of April 30, 1998 7:05 pm Page 63
Proceedings include all events. JURY
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4/11/97 259 CLERK'S MINUTES: Telephone conference held with Magistrate
Judge Jerry W. Cavaneau. Present in chambers: Jim Simpson
for deft; present by phone: Brooks Poley for pltfs and
Mark McLaughlin and Mary Ann Spiegel. Court to enter
written order. ERO - Donna Jackson (dj)
4/14/97 260 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone conference of 4/11/97 ordering parties to submit
certain information as set out in this order by close of
business on 4/16/97; and directing parties to exchange
lists of individuals whom they anticipate deposing or
calling as witnesses by 4/30/97 (cc: all counsel) (kayp)
[Entry date 04/15/97]
4/16/97 261 WRITTEN STATUS REPORT by defendant Brunswick Corp in
response to court's 4/14/97 order (kayp)
[Entry date 04/17/97]
4/17/97 262 REPLY by pltfs to deft's answer to pltf's third amended
complt and third amended counterclaim [243-1] (kayp)
4/17/97 263 MOTION by plaintiffs to compel the production of documents
that are responsive to pltfs' eighth set of discovery
requests FILED UNDER SEAL (kayp)
4/17/97 264 AFFIDAVIT of K. Craig Wildfang regarding motion to compel
the production of documents that are responsive to pltfs'
eighth set of discovery requests [263-1] FILED UNDER SEAL
(kayp)
4/17/97 265 MEMORANDUM by pltfs in support of motion to compel the
production of documents that are responsive to pltfs' set
of discovery requests [263-1] FILED UNDER SEAL (kayp)
4/18/97 266 RESPONSE by defendant to pltfs' motion to compel [247-1]
and for jury instruction [247-2] (kayp)
[Entry date 04/21/97]
4/21/97 267 ORDER by Magistrate Judge Jerry W. Cavaneau based upon
telephone discovery conference of 4/15/97 modifying order
of 10/18/96; directing clerk to file under seal copies of
highly confidential e-mail messages attached to letter of
4/15/97 from Craig Wildfang to Mark McLaughlin; and
scheduling argument on various pending motions for 9:00 on
5/1/97 and 5/2/97; the status conference and argument of
motions to be heard by Judge Moody remain scheduled for
1:30 on 5/2/97 (cc: all counsel) EOD 4/21/97 (kayp)
4/23/97 268 AGENDA AND BRIEF filed by defendant Brunswick Corp for
4/25/97 telephone conference (kayp) [Entry date 04/24/97]
4/24/97 269 ORDER by Magistrate Judge Jerry W. Cavaneau granting
plaintiffs' oral motion to compel of 3/14/97, as modified
in this order (cc: all counsel) (kayp) [Entry date 04/25/97]
Docket as of April 30, 1998 7:05 pm Page 64
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
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4/25/97 270 CLERK'S MINUTES: Telephone conference with Magistrate
Judge Jerry W. Cavaneau. Jerry Jones for pltf and Jim
Simpson and Tony Wilcox for deft present in chambers.
Brooks Poley for pltfs and Mark McLaughlin, Mary Ann
Speigel, Dan DuPre and Robert F. Finke for deft present by
telephone. Court to enter written order. ERO - Donna
Jackson (dj)
4/25/97 271 ORDER by Magistrate Judge Jerry W. Cavaneau following the
telephone conference of 4/25/97 scheduling arguments before
Judge Moody on May 1 and 2 to begin at 9:00; pltfs are to
report to the court by the end of business on 4/29/97 as to
the status of objections to e-mail deletions; clarifying
court's order of 4/21/97 re deletion of Mercury Marine
e-mail; directing deft to report its position by 4/28/97 on
the Joseph Pomeroy affidavit filed in camera and ex parte
(cc: all counsel) EOD 4/25/97 (kayp)
4/28/97 272 MEMORANDUM by defendant Brunswick Corp in opposition to
motion to compel the production of documents that are
responsive to pltfs' eighth set of discovery requests
[263-1] (kayp) [Entry date 04/29/97]
4/28/97 273 MEMORANDUM by defendant Brunswick Corp in opposition to
motion to compel production of electronic mail [251-1] and
for jury instruction [251-2] (kayp) [Entry date 04/29/97]
4/29/97 274 MEMORANDUM by pltfs in opposition to motion to strike
paragraph 67 from the third amended complaint [237-1] FILED
UNDER SEAL (kayp)
4/29/97 275 AFFIDAVIT of Christopher W. Madel regarding memorandum in
opposition to deft's motion to strike paragraph 67 from the
third amended complaint and/or exclude all references to
internal transfer pricing [274-1] FILED UNDER SEAL (kayp)
[Edit date 04/29/97]
4/29/97 276 MEMORANDUM by pltfs in opposition to motion to deny pltf G
W Invader highly confidential treatment of testimony and
documents that show that it filed false reports to qualify
for lower prices [232-1] FILED UNDER SEAL (kayp)
4/29/97 277 AFFIDAVIT of Brooks F. Poley regarding memorandum in
opposition to deft's motion to deny pltf G W Invader
"highly confidential" treatment of testimony and documents
[276-1] FILED UNDER SEAL (kayp)
4/30/97 278 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT
TRIAL WITNESSES submitted by deft Brunswick Corp pursuant
to court's order of 4/14/97 (kayp) [Entry date 05/01/97]
Docket as of April 30, 1998 7:05 pm Page 65
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
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4/30/97 279 MOTION by Brunswick Corp to strike pltfs' seventh
affirmative defense and to sanction pltfs' counsel and
find them in contempt for their repeated and intentional
violations of court orders FILED UNDER SEAL (kayp)
[Entry date 05/01/97]
4/30/97 280 MEMORANDUM by Brunswick Corp in support of motion to strike
pltfs' seventh affirmative defense [279-1] and to sanction
pltfs' counsel and find them in contempt for their repeated
and intentional violations of court orders [279-2] FILED
UNDER SEAL (kayp) [Entry date 05/01/97]
4/30/97 281 ORDER by Magistrate Judge Jerry W. Cavaneau amending order
entered on 4/21/97 to delete two departments from Exhibit A
to that order (cc: all counsel) (kayp) [Entry date 05/01/97]
5/1/97 -- CLERK'S MINUTES: Pre-trial conference held before
Magistrate Judge Jerry W. Cavaneau on pending motions.
Present for pltfs: Jerry Jones, Amy Stewart, Chris Madel,
Brooks Poley and Craig Wildfang. Present for deft: Jim
Simpson, Mark McLaughlin, Dan DuPre, William Sutton, Mary
Ann Spiegel. Court to reconvene at 9:00 a.m. 5/2/97. ERO
- Donna Jackson (dj) [Entry date 05/02/97]
5/2/97 282 CLERK'S MINUTES: Pre-trial conference held before
Magistrate Judge Jerry W. Cavaneau on pending motions. ERO -
Donna Jackson (dj) [Edit date 05/02/97]
5/2/97 283 CLERK'S MINUTES: STATUS CONFERENCE & MOTION HEARING before
Judge James M. Moody. Ctreptr. Carolyn Fant. (sp)
[Edit date 05/02/97]
5/8/97 284 AGENDA AND BRIEF filed by Brunswick Corp for 5/9/97
telephone conference (kayp) [Entry date 05/09/97]
[Edit date 05/09/97]
5/9/97 285 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Present in chambers: Jerry Jones for pltfs and
Jim Simpson for deft. Present by telephone: Amy Stewart,
Brooks Poley and Craig Wildfang for pltfs and Dan Dupre and
Mary Ann Spiegel for deft. Court to enter written order.
ERO - Donna Jackson (dj) [Edit date 05/09/97]
5/12/97 286 ORDER by Judge James M. Moody denying motion to strike
pltfs' reply to second amended counterclaim [222-1] and for
default judgment on amended counterclaim and second amended
counterclaim [222-2] (cc: all counsel) EOD 5/12/97 (bt)
Docket as of April 30, 1998 7:05 pm Page 66
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
JWC
5/12/97 287 ORDER by Judge James M. Moody purs to the telephone
discovery conference held on 5/9/97, the court orders that
pltfs' work product objection be overruled; deft will
produce dealer files for Baja and Boston Whaler dating from
the time of their acquisition; the court encourages deft to
begin disclosing the dealer files as soon as possible on a
rolling basis; deft shall provide pltfs with a list of the
Fisher e-mail system users & to inform the court when the
list has been supplied; pltfs shall resp to the written
proposal regarding the previously produced objection
utilized by deft by 5/13/97; parties shall discuss the
proposal during the week preceding 5/19/97 & shall attempt
to reach an agreement on the proposal and other outstanding
issues relating to pltfs' eighth set of discovery during
the week of 5/19/97; parties shall submit brief statements
of position regarding each interrog or request which
remains in controversy; the next telephone discovery
conference is set for 11 a.m. on 5/23/97 (cc: all counsel)
EOD 5/12/97 (bt)
5/12/97 288 ORDER by Judge James M. Moody granting in part & denying in
part deft's motion to compel [247-1] and for jury
instruction [247-2]; deft is ordered to resp to pltf's
interrogatory No. 2 (cc: all counsel) (bt)
[Entry date 05/13/97]
5/13/97 289 MEMORANDUM by plaintiffs in opposition to motion to strike
pltfs' seventh affirmative defense [279-1]; and to sanction
pltfs' counsel and find them in contempt for their repeated
and intentional violations of court orders [279-2] FILED
UNDER SEAL (jad) [Entry date 05/14/97]
[Edit date 05/14/97]
5/13/97 290 AFFIDAVIT of K. Craig Wildfang in support of motion
response [289-1] (jad) [Entry date 05/14/97]
5/13/97 291 CERTIFICATE OF SERVICE by plaintiffs of affidavit [290-1]
and motion response [289-1] (jad) [Entry date 05/14/97]
5/14/97 292 STIPULATION of Dismissal with prejudice by pltf-counter
deft Vivian Industries and deft - counterpltf Brunswick
Corp (bm) [Entry date 05/15/97]
5/15/97 293 ORDER by Judge James M. Moody pltfs are ordered to submit
any addl argument or materials they feel necessary to prove
the relevance of internal transfer prices or to show how
the info could lead to the discovery of admissible evidence
w/in 10 days of the date of this order; deft shall file any
resp w/in 10 days of the receipt of the submission (cc: all
counsel) (bt) [Entry date 05/16/97]
5/16/97 294 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion
to compel production of deft's imaging system and indices
[195-1] (cc: all counsel) (bt) [Entry date 05/19/97]
Docket as of April 30, 1998 7:05 pm Page 67
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
JWC
5/20/97 295 ORDER by Judge James M. Moody on oral motion of pltfs, the
time to file their supplemental resp to the motion to
strike paragraph 67 from the third amended complaint is
granted [237-1]; pltfs shall have until 5/28/97 to file
their supplemental resp & deft shall have an addl 7 days to
file its reply to pltfs' resp (cc: all counsel) (bt)
[Entry date 05/21/97]
5/20/97 296 ORDER by Judge James M. Moody all claims that
pltf/counterdeft Vivian Ind and deft/counterpltf Brunswick
have asserted against the other is dismissed w/prej; each
party shall bear its own costs (cc: all counsel) (bt)
[Entry date 05/21/97]
5/21/97 297 TRANSCRIPT of Hearing on pending motions before the
Honorable Jerry W. Cavaneau on 5/1/97 (Volume I) and 5/2/97
(Volume II) (bm)
5/21/97 298 AGENDA AND BRIEF filed by Brunswick Corp for 5/23/97
telephone conference (FILED UNDER SEAL) (kayp)
[Entry date 05/22/97]
5/21/97 299 NOTICE by Brunswick Corp of filing statement of position
regarding disputed aspects of pltfs' eighth set of
discovery requests (FILED UNDER SEAL) (kayp)
[Entry date 05/22/97]
5/22/97 300 NOTICE by pltfs of filing proposed agenda for 5/23/97
telephone conference with Magistrate Judge Cavaneau (FILED
UNDER SEAL) (kayp)
5/22/97 301 AFFIDAVIT of Christopher W. Madel re Fisher e-mail
production (FILED UNDER SEAL) (kayp)
5/22/97 302 AFFIDAVIT of Constance K. White re electronically-stored
documents (FILED UNDER SEAL) (kayp)
5/22/97 303 AFFIDAVIT of Peggy Arman re electronically-stored documents
(FILED UNDER SEAL) (kayp)
5/23/97 304 AFFIDAVIT of Constance K. White re electronically-stored
documents (FILED UNDER SEAL) (kayp)
5/23/97 305 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Present in chambers: for Pltf - Amy Stewart,
for deft - Jim Simpson. Present by phone: for pltf -
Chris Madel, Brooks Poley, Ben Mulcahy and Lori Pfieffer,
for deft - Dan DuPre, Mary Ann Spiegel and Robert Finke.
Court to enter written order. ERO - Donna Jackson (dj)
Docket as of April 30, 1998 7:05 pm Page 68
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JWC
5/23/97 306 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone conference of 5/23/97: On or before 5/28/97, the
following should be completed: deft shall respond to pltfs'
arguments re inadequacies revealed by spot-checking
procedure; both parties shall report re status of
negotiations concerning Genmar related documents; deft
shall respond to pltf and the court re production of
responsive material from field offices; pltf shall identify
to deft those interrogs which they would like to be
corrected or verified and deft shall respond to those
requests within 10 days of pltfs' submission: Both parties
shall produce a list of technical questions re the Fisher
e-mail system on or before 5/30/97; pltfs shall complete
the process of redesignating documents pursuant to the
protective order no later than four weeks from 5/27/97;
(cc: all counsel) (kayp) [Entry date 05/27/97]
5/28/97 307 RESPONSE by Brunswick Corp to material submitted by pltfs
regarding disputed aspects of pltfs' eighth set of
discovery requests [0-0] (kayp) [Entry date 05/29/97]
5/30/97 308 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part and denying in part motion to deny pltf G W Invader
highly confidential treatment of testimony and documents
that show that it false reports to qualify for lower prices
[232-1] (cc: all counsel) FILED UNDER SEAL (kayp)
[Entry date 06/02/97]
6/4/97 309 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion
to compel production of Joseph Pomeroy's June 1995 Sales
Conference document and recommending that the district
judge consider appropriate sanctions for violations [208-1]
(cc: all counsel) EOD 6/4/97 (kayp)
6/4/97 310 AGENDA AND BRIEF filed by Brunswick Corp for June 6th
telephone conference (kayp) [Entry date 06/05/97]
6/5/97 311 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part and denying in part motion to compel the production of
documents that are responsive to pltfs' eighth set of
discovery requests; all parties shall answer the
outstanding damages interrogs and requests for production
on or before 8/18/97; deft shall answer interrog 89 and
request for production no. 88 within 30 days of date of
this order; and deft shall produce responsive documents to
pltfs' request for production nos. 100(a), 103, 116 and 118
within 30 days of date of this order [263-1] (cc: all
counsel) EOD 6/5/97 (kayp)
Docket as of April 30, 1998 7:05 pm Page 69
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JWC
6/6/97 312 CLERK'S MINUTES: Telephone conference held with Judge
Cavameau. Present in chambers: Jerry Jones for pltf and
William H. Sutton for deft. Present by phone: Brooks
Poley, Chris Madel, Craig Wildfang and Constance White for
pltfs and Mark McLaughlin, Dan DuPre and Mary Ann Spiegel
for deft. Judge to enter order. ERO - Donna Jackson (dj)
6/6/97 313 MEMORANDUM OF LAW IN RESPONSE by pltfs to court's order of
5/15/97 [293-1] FILED UNDER SEAL (kayp)
[Entry date 06/09/97]
6/6/97 314 AFFIDAVIT of K. Craig Wildfang re memorandum in law in
response to court's order of 5/15/97 [313-1] FILED UNDER
SEAL (kayp) [Entry date 06/09/97]
6/6/97 315 AFFIDAVIT of Brooks F. Poley regarding memorandum of law in
response to court's order of 5/15/97 [313-1] FILED UNDER
SEAL (kayp) [Entry date 06/09/97]
6/6/97 316 AFFIDAVIT of Economists' regarding memorandum of law in
response to court's order of 5/15/97 [313-1] FILED UNDER
SEAL (kayp) [Entry date 06/09/97] [Edit date 06/09/97]
6/6/97 317 AFFIDAVIT of accountant re memorandum of law in response to
court's order of 5/15/97 [313-1] FILED UNDER SEAL (kayp)
[Entry date 06/09/97]
6/9/97 318 ORDER by Magistrate Judge Jerry W. Cavaneau following the
telephone conference of 6/6/97 directing parties to make a
status report by 6/11/97 re remaining disputes arising from
pltfs' eighth set of discovery requests; pltfs will be
allowed to make an addtional submission on the e-mail
issues no later than 6/10/97 and deft's counsel shall
inform the court and opposing counsel the following day as
to when they anticipate filing a response; parties shall
give court a status report by 6/13/97 re declassifying
certain testimony by representatives of G.W. Invader; the
next telephone discovery conference will be 6/20/97 at
11:00 a.m. (cc: all counsel) (kayp) [Entry date 06/10/97]
6/10/97 319 MEMORANDUM by pltfs in support of motion to compel
production of electronic mail and for jury instruction
[251-1] FILED UNDER SEAL (kayp)
6/10/97 320 AFFIDAVIT of Christopher W. Madel re motion to compel
production of electronic mail and for jury instruction
[251-1] FILED UNDER SEAL (kayp)
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