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06/10/97 Pltfs found in contempt for repeat violations of court orders and fined. 07/11/97 BC motion to exclude some categories of documents from preservation order. 08/22/97 Something about McKinsey performance appraisal and work done for other divisions of BC. 08/27/97 Set date to set a date for depositions of Jack Reichert and Peter larson (past and present BC CEO's. NOTE - Humorous they have to set a date to set a date. 08/29/97 BC moves for summary judgement on stern drive monopolization claim. 09/24/97 Doral International dismissed from case. 09/27/97 BC request to place Mercury Marine Lotus Notes system on backup tapes. NOTE - looks like they finally discovered there was data not on everybody's hard drive. 10/23/97 Memo by pltfs to compel BC to respond to 11th set of discovery items. 10/24/97 BC apparently supplied "cut off" email copies and was asked to supply full copies. 11/03/97 OMC shows up 11/12/97 BC asking for ability to have some of its witnesses testify by live video. NOTE- I wonder why they are trying this? 11/21/97 Pltf motion for permitting live testimony via closed circuit TV. NOTE- sounds like they want to try it too. 11/26/97 Canadian market is brought up. 12/02/97 A transcriber was issued a $1065 check for transcribing a status conference on 12/4/97. NOTE - This gives you some idea of the costs involved with a trial like this. When the transcriber gets $1000 a day, image what the lawyers are doing to you. 12/08/97 BC wants to keep in-house counsel Michael Schmidt from being deposed. 12/17/97 Judge denies motion to permit live closed circuit video testimony. 01/8/98 BC files 5th ammended counterclaim against the defendants. NOTE- this gives you some concept of the legal mess this is now in. 01/13/98 Pltfs trying to compel BC to respond to 14th set of discovery items. 01/15/98 Discussion of inspection of BC corporate premises. 01/27/98 BC motion to exclude pltfs expert witness testimony on business ethics. NOTE - BC wants to prevent testimony on business ethics :) 02/02/98 BC begins to file several motions for summary judgement against the individual companies.
Docket as of April 30, 1998 7:05 pm Page 70
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6/10/97 321 ORDER by Judge James M. Moody denying motion to strike
pltfs' seventh affirmative defense [279-1] and granting
motion to sanction pltfs' counsel and find them in contempt
for their repeated and intentional violations of court
orders [279-2]; court finds counsel for pltfs in contempt
of court and assesses a fine of $1,000 against Craig
Wildfang, which will be suspended so long as further
violations do not occur (cc: all counsel) (kayp)
[Entry date 06/11/97]
6/11/97 -- LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT
TRIAL WITNESSES by deft Brunswick Corp in response to the
court's order of 4/14/97 [260-1] (kayp)
[Entry date 06/25/97]
6/13/97 322 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part and denying in part motion to compel [187-1] (cc: all
counsel) (kayp) [Entry date 06/16/97]
6/17/97 323 OBJECTIONS by pltfs to Magistrate Judge Cavaneau's order of
6/3/97 [309-1] FILED UNDER SEAL (kayp)
6/17/97 324 PLAINTIFFS' REVISED MEMORANDUM OF LAW IN RESPONSE to
court's order of 5/15/97 [293-1] FILED UNDER SEAL (kayp)
6/17/97 325 AFFIDAVIT of K. Craig Wildfang (FILED UNDER SEAL) (kayp)
6/17/97 326 AFFIDAVIT of Brooks F. Poley (FILED UNDER SEAL) (kayp)
6/18/97 327 AGENDA AND BRIEF filed by Brunswick Corp for 6/20/97
telephone conference (kayp)
6/20/97 328 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion
to modify protective order [191-1] (cc: all counsel) EOD
6/20/97 (kayp)
6/20/97 329 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Present in chambers: Amy Stewart for pltf. and
Jim Simpson for deft. Present by phone: Chris Madel,
Brooks Poley for pltfs. and Mark McLaughlin, Mary Ann
Spiegel, John Carroll and Dan DuPre for Deft. Order of
results to follow. (jah)
6/20/97 330 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone conference of 6/20/97 ordering deft to submit its
response to pltfs' e-mail submission on or before 7/7/97
and directing parties to report to the court on the status
of third wave deposition scheduling by 6/30/97; the next
discovery teleconference will be on 7/18/97 (cc: all
counsel) (kayp) [Entry date 06/23/97]
6/26/97 331 POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) by pltfs in
response to court's order [260-1] (kayp)
Docket as of April 30, 1998 7:05 pm Page 71
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6/26/97 332 ORDER by Magistrate Judge Jerry W. Cavaneau consisting of a
questionnaire to be answered by personnel of deft Brunswick
and directing Brunswick to notify pltfs and the court
within 3 days of receipt of this order how much time it
will need to answer the questionnaire; pltfs shall make any
objection to the proposed time within 2 days thereafter and
court will then set a ddl (cc: all counsel) (kayp)
[Entry date 06/27/97]
6/27/97 333 MEMORANDUM IN RESPONSE by Brunswick Corp to pltfs'
objections to Judge Cavaneau's order dated 6/3/97 [323-1]
(kayp) [Entry date 06/30/97]
6/30/97 334 OBJECTIONS by pltfs to court's order of 6/13/97 [322-1]
(kayp) [Entry date 07/01/97]
6/30/97 335 AFFIDAVIT OF SERVICE by pltfs of objections to court's
order [334-1] (kayp) [Entry date 07/01/97]
7/3/97 336 ORDER (DOC) canceling status conference previously
scheduled for 7/17/97 before Judge Moody and resetting it
for 9/2/97 at 1:00 p.m.; court will also hear arguments on
pltfs' objections to Magistrate Cavaneau's order of 6/13/97
together with any other pending motions before Judge Moody
ready for oral argument; telephone conference remains set
for 7/18/97 at 11:00 a.m. (cc: all counsel) (kayp)
7/3/97 337 MEMORANDUM by Brunswick Corp in support of motion to strike
paragraph 67 from the third amended complaint [237-1] (kayp)
[Entry date 07/07/97]
7/7/97 338 RESPONSE by Brunswick Corp to pltfs' supplemental
memorandum in support of their motion to compel and for
jury instructions [319-1] (kayp) [Entry date 07/08/97]
7/8/97 339 RESPONSE by defendant Brunswick Corp to plaintiffs
objections to the Magistrate's 06/13/97 order [334-1] (jad)
[Entry date 07/09/97]
7/9/97 340 LIST OF ANTICIPATED DEPONENTS AND ANTICIPATED NON-EXPERT
TRIAL WITNESSES filed by Brunswick Corp in response to
Judge Cavaneau's order of April 14 and Judge Moody's order
of May 12 [260-1] (kayp) [Entry date 07/10/97]
7/10/97 341 PLTFS' POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed
in response to court's orders of April 12 and May 14
[260-1] (kayp)
7/11/97 342 MOTION by deft Brunswick Corp to exclude categories of
documents from the 10/18/96 preservation order (kayp)
[Entry date 07/14/97]
7/16/97 343 NOTICE by Brunswick Corp of filing agenda and brief for
7/18/97 telephone conference (kayp) [Entry date 07/17/97]
Docket as of April 30, 1998 7:05 pm Page 72
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7/18/97 344 CLERK'S MINUTES: Telephone conference held with Magistrate
Judge Jerry W. Cavaneau. Present in chambers: William H.
Sutton for deft. Present by phone: Brooks Poley and Chris
Madel for pltfs, Mark McLaughlin, Dan Dupre and Mary Ann
Spiegel for deft. Court to enter written order. ERO -
Donna Jackson (dj)
7/21/97 345 ORDER by Magistrate Judge Jerry W. Cavaneau following the
telephone discovery conference of 7/18/97 ordering pltfs to
respond to the motion to exclude categories of documents
from the 10/18/96 preservation order by 8/1/97 [342-1];
parties shall update the court on the status of
negotiations re objections to deft's third set of discovery
by 8/1/97 [334-1]; the update search should go forward as
scheduled; parties shall report by 8/1/97 the status of the
issue re the listing of marine dealers participating in
deft's programs; next teleconference is scheduled for
8/1/97 (cc: all counsel) EOD 7/21/97 (kayp)
7/21/97 346 RESPONSES by Brunswick Corp to Fisher E-Mail Questionnaire
(kayp) [Entry date 07/22/97]
7/21/97 347 NOTICE by plaintiffs of filing proposed agenda for 7/18/97
telephone conference with Magistrate Judge Cavaneau (kayp)
[Entry date 07/22/97]
7/22/97 348 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part and denying in part motion to compel discovery against
deft Brunswick Corp (relevant markets) [205-1] (cc: all
counsel) EOD 7/22/97 (kayp)
7/22/97 349 ORDER by Judge James M. Moody directing deft to provide a
response to Interrog No. 38 within 10 days of the date of
this order (cc: all counsel) EOD 7/22/97 (kayp)
7/23/97 350 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT
TRIAL WITNESSES filed by Brunswick Corp in response to
court's orders of 4/14 and 5/12 [260-1] (kayp)
[Entry date 07/24/97]
7/24/97 351 PLTFS' POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed
in response to court's order [260-1] (kayp)
7/30/97 353 NOTICE by Brunswick Corp of filing agenda and brief for
August 1 telephone conference (FILED UNDER SEAL) (kayp)
[Entry date 07/31/97]
7/30/97 354 NOTICE by pltfs of filing proposed agenda for 8/1/97
telephone conference with Magistrate Judge Cavaneau (kayp)
[Entry date 08/11/97]
Docket as of April 30, 1998 7:05 pm Page 73
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8/1/97 355 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Present in chambers for pltfs - Jerry Jones and
Tony Wilcox for deft. Present by phone Brooks Poley for
pltfs and Mark McLaughlin, Dan DuPre and Mary Ann Spiegel
for deft. ERO - Donna Jackson (dj) [Edit date 08/11/97]
8/1/97 356 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone discovery conference of 8/1/97 correcting the
court's order of 6/13/97 which stated that counsel were not
present during the testimony of deft's employees given
during FTC hearings; counsel were present but were not
allowed to cross-examine or question witnesses; the next
discovery teleconference will be held on 8/22/97 (cc: all
counsel) (kayp) [Entry date 08/04/97]
[Edit date 08/11/97]
8/4/97 357 OBJECTIONS by pltfs to Judge Cavaneau's order of 7/22/97
[348-1] (kayp) [Edit date 08/11/97]
8/6/97 358 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT
TRIAL WITNESSES filed in response by Brunswick Corp to
court's orders of 5/12 and 4/14 [260-1] (kayp)
[Entry date 08/07/97] [Edit date 08/11/97]
8/7/97 359 LIST OF ANTICIPATED WITNESSES by pltfs filed in response to
Court's Order of 5/12/97 and 4/14/97 [260-1] (bm)
[Edit date 08/11/97]
8/11/97 360 ORDER by Judge James M. Moody affirming Magistrate Jerry
Cavaneau's Order of 6/3/97 (cc: all counsel) EOD 8/11/97
(FILED UNDER SEAL) (kayp) [Edit date 08/11/97]
8/12/97 361 MOTION by Brunswick Corporation to amend its counterclaim
FILED UNDER SEAL (kayp) [Entry date 08/13/97]
8/12/97 362 MEMORANDUM by Brunswick Corp in support of motion to amend
its counterclaim [361-1] FILED UNDER SEAL (kayp)
[Entry date 08/13/97] [Edit date 08/13/97]
8/14/97 363 MOTION by pltfs to reclassify certain documents from highly
confidential to confidential under the court's protective
order of 9/25/96 or, in the alternative, to amend the
protective order of Judge Cavaneau FILED UNDER SEAL (kayp)
[Edit date 08/14/97]
8/14/97 364 MEMORANDUM by pltfs in support of motion to reclassify
certain documents from highly confidential to confidential
under the court's protective order of 9/25/96 [363-1], or,
in the alternative, to amend the protective order of Judge
Cavaneau [363-2] FILED UNDER SEAL (kayp)
[Edit date 08/14/97]
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8/14/97 365 AFFIDAVIT of Christopher W. Madel regarding motion to
reclassify certain documents from highly confidential to
confidential under the court's protective order of 9/25/96
[363-1] or, in the alternative, to amend the protective
order of Judge Cavaneau [363-2] FILED UNDER SEAL (kayp)
[Edit date 08/15/97]
8/14/97 366 RESPONSE by Brunswick Corp to pltfs' objections to court
order of 7/22/97 [357-1] (kayp) [Entry date 08/15/97]
8/15/97 367 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion
to exclude categories of documents from the 10/18/96
preservation order as set out in the attached revised
version of Exhibit A [342-1] (cc: all counsel) (kayp)
[Entry date 08/18/97]
8/20/97 368 ORDER by Judge James M. Moody outlining status conference
agenda for 9/2/97 (cc: all counsel) EOD 8/20/97 (kayp)
8/20/97 369 NOTICE by Brunswick Corp of filing agenda and brief for
8/22/97 telephone conference (kayp) [Entry date 08/21/97]
8/21/97 370 PLTFS' POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed
in response to court's orders of 4/14 and 5/12 [260-1]
(kayp)
8/22/97 371 CLERK'S MINUTES: Telephone conference held with Magistrate
Judge Jerry W. Cavaneau. Present in chambers: for pltfs -
Amy Stewart, for deft - William Sutton and Tony Wilcox.
Present by telephone: for deft - Mark McLaughlin, John
Carroll and Dan Dupre. Court to enter written order. ERO
- Donna Jackson (dj)
8/22/97 372 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone discovery conference of 8/22/97 directing that
parties, on or before 8/26/97: provide a status report re
outstanding issues relating to pltfs' responses to deft's
third set of discovery and the update of pltfs' earlier
document production; deft shall report to pltfs and to the
court on the status of deft's update to response no. 28 of
the Fisher e-mail questionnaire; parties shall confer and
report to the court re the McKinsey performance appraisal
issue, as well as the status of discussions re McKinsey
work performed for other divisons of Brunswick Corp;
parties shall report to the court re the status of the
identification of dealers participating in engine programs;
confer and report the status of the issue of redacted
versions of Mariah documents inadvertently discosed to deft;
and on or before 8/27/97, parties shall: confer and
report to the court re the status of determination of
amounts of payments to McKinsey & Co prior to 1991; confer
and report re ddl to amend pleadings; court sets the 9/2/97
status conference before Judge Moody to begin at 10:00 a.m.
(cc: all counsel) (kayp) [Entry date 08/25/97]
Docket as of April 30, 1998 7:05 pm Page 75
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8/25/97 373 RESPONSE by Brunswick Corp to motion to reclassify certain
documents from highly confidential to confidential under
court's protective order of 9/25/96 [363-1] FILED UNDER
SEAL (kayp) [Entry date 08/26/97]
8/27/97 374 ORDER by Judge James M. Moody granting motion to amend its
counterclaim [361-1] (cc: all counsel) EOD 8/27/97 (kayp)
8/27/97 375 ORDER by Magistrate Judge Jerry W. Cavaneau hearing set
for 9:00 a.m. on 9/2/97 on the scheduling of depositions
for Jack Reichert and Peter Larson; persons with knowledge
of relevant schedules are directed to attend; persons who
do not plan to attend may participate by telephone (cc: all
counsel) (bm) [Entry date 08/28/97]
8/28/97 376 FOURTH AMENDED COUNTERCLAIM by defendant Brunswick Corp
against plaintiffs; adding Thompson Marine Products, Inc (bt)
[Entry date 09/02/97]
8/29/97 377 MOTION by Brunswick Corp to compel production of documents
improperly withheld on privileged grounds FILED UNDER SEAL
(kayp) [Entry date 09/02/97]
8/29/97 378 MEMORANDUM by Brunswick Corp in support of motion to compel
production of documents improperly withheld on privileged
grounds [377-1] FILED UNDER SEAL (kayp)
[Entry date 09/02/97]
8/29/97 379 MOTION by Brunswick Corp for summary judgment on pltfs'
claims of attempted monopolization of The Stern Drive and
Outboard Boat Markets FILED UNDER SEAL (kayp)
[Entry date 09/02/97]
8/29/97 380 MEMORANDUM by Brunswick Corp in support of motion for
summary judgment on pltfs' claims of attempted
monopolization of The Stern Drive and Outboard Boat Markets
[379-1] FILED UNDER SEAL (kayp) [Entry date 09/02/97]
8/29/97 381 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for summary judgment on pltfs' claims of
attempted monopolization of The Stern Drive and Outboard
Boat Markets [379-1] FILED UNDER SEAL (kayp)
[Entry date 09/02/97]
8/29/97 382 MOTION by Brunswick Corp to compel production of
non-privileged notes from IBBI meetings FILED UNDER SEAL
(kayp) [Entry date 09/02/97]
8/29/97 383 MEMORANDUM by Brunswick Corp in support of motion to compel
production of non-privileged notes from IBBI meetings
[382-1] FILED UNDER SEAL (kayp) [Entry date 09/02/97]
Docket as of April 30, 1998 7:05 pm Page 76
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9/2/97 384 CLERK'S MINUTES: MOTION hearing before Judge James M.
Moody. Record reflects discussions and rulings. Ctrptr.
Fant. (sp) [Entry date 09/03/97]
9/2/97 385 ORDER by Judge James M. Moody granting in part and denying
in part pltf's motion to compel production of electronic
mail [251-1] and for jury instruction [251-2]: pltf's
request for a spoliation jury instruction is denied; and
pltf's request for costs and fees in connection with this
motion is denied (cc: all counsel) (kayp)
[Entry date 09/03/97]
9/2/97 388 CLERK'S MINUTES: Pre-trial conference held before
Magistrate Judge Jerry W. Cavaneau. Jerry Jones, Amy
Stewart, Chris Madel, Brooks Poley and Craig Wildfang
present for pltfs and William Sutton, Robert Finke and Mary
Allen present for deft. (dj) [Entry date 09/05/97]
9/3/97 386 AMENDED NOTICE by Brunswick Corp of taking depo of Jimmy
Fulks and Representatives of Mariah Boats, Inc. on 9/8/97
(kayp) [Entry date 09/04/97]
9/4/97 387 LIST OF POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed
by pltfs in response to court's orders of 5/12 and 4/14
[286-1] (kayp)
9/4/97 389 ORDER by Judge James M. Moody modifying amended scheduling
order dated 3/13/97 and setting ddl for amendment of the
pleadings to 10/10/97; jury instructions shall be submitted
by counsel for the parties on or before 1/12/98; objections
to jury instructions shall be filed on or before 1/19/98;
all other provisions of the amended scheduling order shall
remain in effect until further order (cc: all counsel) (kayp)
[Entry date 09/05/97]
9/4/97 390 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion
to compel production of non-privileged notes from IBBI
meetings [382-1] (cc: all counsel) FILED UNDER SEAL (kayp)
[Entry date 09/05/97]
9/4/97 391 ORDER by Judge James M. Moody granting in part and denying
in part pltfs' motion to reclassify certain documents from
highly confidential to confidential under the court's
protective order of 9/25/96 or, in the alternative, to
amend the protective order of Judge Cavaneau, in accordance
with the findings of fact and conclusions of law stated on
the record [363-1] [363-2]; pltfs' objections to Judge
Cavaneau's order dated 6/13/97 are overruled and the order
affirmed; pltfs' objections to Judge Cavaneau's order dated
7/22/97, as modified in accordance with the findings of
fact and conclusions of law as stated on the record, are
sustained (cc: all counsel) (kayp) [Entry date 09/05/97]
Docket as of April 30, 1998 7:05 pm Page 77
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9/5/97 392 ORDER by Magistrate Judge Jerry W. Cavaneau re jury
questionnaire; parties are directed to submit an agreed
questionnaire no later than 12/15/97 (cc: all counsel) EOD
9/5/97 (kayp)
9/9/97 393 MOTION by deft Brunswick Corp for reconsideration of
court's 9/4/97 order FILED UNDER SEAL (kayp)
[Entry date 09/10/97]
9/9/97 394 BRIEF by Brunswick Corp in support of motion for
reconsideration of court's 9/4/97 order [393-1] FILED UNDER
SEAL (kayp) [Entry date 09/10/97] [Edit date 09/10/97]
9/11/97 395 NOTICE by Brunswick Corp of filing agenda and brief for
9/12/97 telephone conference (kayp)
9/12/97 396 CLERK'S MINUTES: Telephone conference held with Magistrate
Judge Jerry W. Cavaneau. Present in chambers: for
plaintiffs - Jerry Jones, for defendant - William Sutton,
Jim Simpson and Susan Childers. Present by phone: for
plaintiffs - Chris Madel and Brooks Poley, for defendant -
Dan Dupre and Andy Marovitz. Court to enter written order.
ERO - Donna Jackson (dj)
9/15/97 397 ANSWER by pltfs' to deft Brunswick Corp's fourth amended
counterclaim (kayp)
9/15/97 398 REPLY by pltfs to deft Brunswick Corp's memorandum in
support of its motion to compel production of documents
[383-1] (kayp)
9/16/97 399 ORDER by Magistrate Judge Jerry W. Cavaneau implementing a
mechanism for early disclosure of any authenticity or
hearsay objections to documents produced by deft or marked
by pltfs as exhibits in their depositions and directing
parties to exchange lists not previously submitted under
this procedure on 12/29/97, after which each party shall
have 10 days to stipulate or object; parties shall identify
newly identified exhibits by 1/23/98; ddl for filing
pretrial info sheets and final exhibit lists remains
1/19/98; pltfs are directed to identify any documents which
they contend are not business records by 9/30/97; pltfs
shall repond to deft's motion for partial summary judgment
no later than 10/20/97; deft shall file objections and
responses to tenth set of discovery by 9/24/97; deft shall
provide pltfs responsive material from employees with home
offices no later than 9/30/97; next discovery
teleconference will be at 11:00 a.m. on 9/26/97 (cc: all
counsel) (kayp) [Entry date 09/17/97]
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9/16/97 400 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part and denying in part deft's motion for reconsideration
of court's 9/4/97 order: that part of the order dismissing
deft's motion without prejudice shall remain in effect and
the final paragraph which states a recommendation for a
show cause order should be stricken [393-1] and
recommending that the sanction imposed by the order of
6/10/97 (doc. #321) be stricken; deft is to immediately
return all copies, including electronic versions of
materials, in question (cc: all counsel) FILED UNDER SEAL
(kayp) [Entry date 09/17/97]
9/18/97 401 LIST OF ANTICIPATED TRIAL WITNESSES (EXCLUDING EXPERTS) by
plaintiff pursuant to court's orders of 5/12/97 and 4/14/97
[260-1] (kayp)
9/19/97 402 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone conference of 9/17/97 (cc: all counsel) EOD
9/18/97 (kayp)
9/22/97 403 ORDER by Magistrate Judge Jerry W. Cavaneau finding the
motion to compel electronically-stored information and to
prevent the further destruction of documents should be
removed from the pending motions docket because portions of
the motion formerly deferred have been addressed in later
motions and orders [88-1] (cc: all counsel) (kayp)
[Entry date 09/23/97]
9/23/97 404 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion
to compel a response [119-1] (cc: all counsel) EOD 9/23/97
(kayp)
9/23/97 405 ORDER by Judge James M. Moody adopting Judge Cavaneau's
findings and lifting sanctions previously imposed on Mr.
Wildfang (cc: all counsel) EOD 9/23/97 (kayp)
9/23/97 406 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part and denying in part motion to compel production of
documents improperly on privileged grounds and directing
pltfs to provide deft with updated privilege logs no later
than 10/10/97 [377-1] (cc: all counsel) EOD 9/23/97 (kayp)
9/24/97 407 NOTICE by Brunswick Corp of filing agenda and brief for
9/26/97 telephone conference (kayp) [Entry date 09/25/97]
9/24/97 408 STIPULATION OF DISMISSAL WITH PREJUDICE by defendant-
counterclaimant Brunswick Corp and plaintiff-
counterdefendant Doral Intl Inc of all claims each has
asserted against the other, with each party bearing its own
costs (kayp) [Entry date 09/25/97]
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9/26/97 409 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Present in chambers: for pltfs - Jerry Jones,
for deft - Tony Wilcox. Present by phone: for pltfs -
Chris Madel, Brooks Poley and Craig Wildfang, for deft -
Mary Ann Spiegel, John Carroll and Robert Fink. ERO -
Donna Jackson (dj)
9/29/97 410 ORDER by Magistrate Judge Jerry W. Cavaneau following the
telephone discovery conference of 9/26/97 setting ddls of
10/1/97, 10/2/97 and 10/3/97 for parties to report to the
court on status of certain issues; and granting deft's
request to place the Mercury Marine Lotus Notes system on
back-up tapes (cc: all counsel) EOD 9/29/97 (kayp)
10/1/97 411 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau regarding deposition of John Russell. For pltf:
Jerry Jones, Chris Madel and Craig Wildfang; for deft: Mark
McLaughlin. ERO - Donna Jackson (dj)
10/1/97 412 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT
TRIAL WITNESSES by Brunswick Corp to court's orders of 4/14
and 5/12 [287-1] (kayp) [Entry date 10/02/97]
10/2/97 413 Potential Trial Witnesses (excluding experts) filed by
pltfs in response to court's orders of 4/15 and 5/12
[287-1] (kayp)
10/2/97 414 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau regarding view of invoices. For Pltf: Brooks
Poley; for Deft: Tony Wilcox, John Carroll. ERO Jan Hoyt.
(jah) [Entry date 10/03/97]
10/7/97 415 ORDER by Magistrate Judge Jerry W. Cavaneau finding the
motion to compel the production of documents that Brunswick
has withheld but failed to meaningfully identify on any
privilege log moot [200-1] (cc: all counsel) EOD 10/7/97
(kayp)
10/8/97 416 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Jerry Jones (pltfs) and Jim Simpson (deft)
present in chambers. Craig Wildfang (pltfs) and Mark
McLaughlin and Bob Finke (deft) present by phone. ERO -
Donna Jackson (dj)
10/8/97 417 MOTION by defendant to continue (kayp) [Entry date 10/09/97]
10/8/97 418 BRIEF by deft in support of motion to continue [417-1] (kayp)
[Entry date 10/09/97]
10/9/97 419 CLERK'S MINUTES: STATUS conference before Judge James M.
Moody. Variety of issues discussed, record taken. Court to
rule on Motion to Continue forthwith. Ctrptr. Fant. (sp)
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10/10/97 420 ORDER by Judge James M. Moody granting in part deft's
motion to continue [417-1] (cc: all counsel) (kayp)
[Entry date 10/14/97]
10/10/97 421 AMENDED SCHEDULING ORDER by Judge James M. Moody setting
jury trial for 1:30 on 3/23/98 ; discovery due 1/16/98 ;
pretrial info sheet due 3/2/98 (cc: all counsel) (kayp)
[Entry date 10/14/97]
10/15/97 422 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT
TRIAL WITNESSES by deft Brunswick Corp in response to
court's previous order [287-1] (kayp)
[Entry date 10/16/97]
10/16/97 423 PLTFS' POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed
in response to court's previous orders [287-1] (kayp)
[Entry date 10/17/97]
10/20/97 424 STIPULATED PROTECTIVE ORDER by Judge James M. Moody
incorporating by reference the protective order issued on
9/26/96 (cc: all counsel) EOD 10/20/97 (kayp)
10/21/97 425 MEMORANDUM by pltf in opposition to motion for summary
judgment on pltfs' claims of attempted monopolization of
Stern Drive and Outboard Boat Markets [379-1] FILED UNDER
SEAL (kayp)
10/21/97 426 STATEMENT OF FACTS (Rule 29) by pltfs in support of
response to deft Brunswick Corp's motion for summary
judgment [425-1] FILED UNDER SEAL (kayp)
10/21/97 427 AFFIDAVIT of K. Craig Wildfang regarding memorandum in
opposition to deft's motion for summary judgment [425-1]
FILED UNDER SEAL (kayp)
10/21/97 428 CERTIFICATE OF SERVICE by pltfs of affidavit of K. Craig
Wildfang [427-1], statement of facts [426-1], memorandum in
opposition to motion for summary judgment [425-1] FILED
UNDER SEAL (kayp)
10/21/97 429 ORDER by Magistrate Judge Jerry W. Cavaneau setting
discovery teleconference for 11:00 on 10/24/97; parties
have until noon 10/22/97 to file their agendas (cc: all
counsel) (kayp) [Entry date 10/22/97]
10/23/97 430 NOTICE by Brunswick Corp of filing agenda and brief for
10/24/ telephone conference (kayp)
10/23/97 431 NOTICE OF MOTION AND MOTION TO COMPEL by pltfs to compel
deft Brunswick properly to respond to pltfs' eleventh set of
discovery requests (kayp) [Entry date 11/05/97]
[Edit date 11/17/97]
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10/23/97 432 MEMORANDUM by pltfs in support of motion to compel deft
Brunswick properly to respond to pltfs' eleventh set of
discovery requests [431-1] (kayp) [Entry date 11/05/97]
[Edit date 11/17/97]
10/24/97 433 ORDER by Magistrate Judge Jerry W. Cavaneau following the
telephone discovery conference of 10/24/97 directing parties
to report on outstanding issues on or before 10/29/97; deft
shall answer pltf's interrog no. 157 on or before 11/6/97
and to requests for stipulation and produce all Fisher
e-mail by close of business on 10/31/97; partie shall
further report to the court by close of business on 10/31/97
regarding production of copies of certain documents and full
version of the cut off e-mail; parties shall report on the
status of any privilege log issues before the close of
business on 10/29/97; and scheduling next teleconference on
11/6/97 at 11:00 a.m. (cc: all counsel) (kayp)
[Entry date 10/27/97] [Edit date 11/17/97]
10/24/97 434 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Present for Plaintiff's: by phone - Chris Madel,
Brooks Poley, Craig Wildfang and Laura Pfiefer; in chambers
- Amy Stewart. Present for Defendant: by phone - Jim
Simpson, Mark McLaughlin, Dan Dupre and John Carroll; in
chambers - Tony Wilcox, Susan Childers and William Sutton.
Court to enter written order. ERO - Donna Jackson (dj)
[Entry date 10/29/97] [Edit date 11/17/97]
10/29/97 435 List of Prospective Deponents and Anticipated Non-Expert
Trial Witnesses submitted in response to court's previous
orders by deft Brunswick Corp [260-1] (kayp)
[Entry date 10/30/97] [Edit date 11/17/97]
10/30/97 436 POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) submitted by
pltfs in response to court's previous orders [260-1] (kayp)
[Entry date 10/31/97] [Edit date 11/17/97]
10/31/97 437 MOTION by Brunswick Corp to compel certain pltfs to answer
its request to admit no. 1 and all of its interrog no. 6 of
third set of discovery requests (kayp) [Entry date 11/04/97]
[Edit date 11/17/97]
10/31/97 438 MEMORANDUM by Brunswick Corp in support of motion to compel
certain pltfs to answer its request to admit no. 1 and all
of its interrog no. 6 of third set of discovery requests
[437-1] (kayp) [Entry date 11/04/97]
[Edit date 11/17/97]
10/31/97 439 AFFIDAVIT of John M. Carroll regarding motion to compel
certain pltfs to answer its request to admit no. 1 and all
of its interrog no. 6 of third set of discovery requests
[437-1] (kayp) [Entry date 11/04/97]
[Edit date 11/17/97]
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11/3/97 440 MOTION by pltfs to compel discovery (dissemination of
confidential information) FILED UNDER SEAL (kayp)
[Entry date 11/04/97] [Edit date 11/17/97]
11/3/97 441 MEMORANDUM by pltfs in support of motion to compel discovery
(dissemination of confidential information) [440-1] FILED
UNDER SEAL (kayp) [Entry date 11/04/97]
[Edit date 11/17/97]
11/3/97 442 AFFIDAVIT of Christopher W. Madel regarding motion to compel
discovery (dissemination of confidential information)
[440-1] FILED UNDER SEAL (kayp) [Entry date 11/04/97]
[Edit date 11/17/97]
11/3/97 443 RESPONSE and objection by Brunswick Corp to pltfs' list of
third party documents to be authenticated and stipulated re
hearsay objections (Outboard Marine Corp) (kayp)
[Entry date 11/04/97] [Edit date 11/17/97]
11/3/97 444 MEMORANDUM by Brunswick Corp in support of motion for
summary judgment on pltfs' claims of attempted
monopolization of The Stern Drive and Outboard Boat Markets
[379-1] (kayp) [Entry date 11/04/97]
[Edit date 11/17/97]
11/4/97 445 RESPONSE by Brunswick Corp to motion to compel deft
Brunswick properly to respond to pltfs' eleventh set of
discovery requests [431-1] (kayp) [Entry date 11/05/97]
[Edit date 11/17/97]
11/5/97 446 NOTICE by plaintiff of filing motion to strike deft's reply
memorandum in support of its motion for partial summary
judgment on pltfs' claims of attempted monopolization of the
Stern Drive and Outboard Boat Markets (kayp)
[Edit date 11/17/97]
11/5/97 447 MOTION by pltfs to strike deft's reply memorandum in
support of its motion for partial summary judgment on pltfs'
claims of attempted monopolization of the stern Drive and
Outboard Motor Markets (kayp) [Edit date 11/17/97]
11/5/97 449 NOTICE by Brunswick Corp of filing agenda and brief for 11/6
telephone conference (kayp) [Edit date 11/17/97]
11/5/97 448 AFFIDAVIT of Ronnie J. la Plante regarding notice [446-1]
and motion to strike deft's reply memorandum in support of
its motion for partial summary judgment on claims of
attempted monopolization of the stern Drive and Outboard
Motor Markets [447-1] (kayp) [Entry date 11/17/97]
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11/6/97 450 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau, in chambers: pltf - Jerry Jones, for deft - Jim
Simpson and Tony Wilcox; by phone: pltf - Craig Wildfang,
Brooks Poley, Chris Madel and Laura Pfieffer, for deft -
John Carroll, Veronica Young and Diane Smith. Court to
enter written order. ERO - Donna Jackson (dj)
[Entry date 11/07/97] [Edit date 11/17/97]
11/10/97 451 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone conference of 11/6/97 (cc: all counsel) EOD
11/10/97 (kayp) [Edit date 11/17/97]
11/12/97 452 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT
TRIAL WITNESSES by deft Brunswick Corp in response to
court's previous orders (kayp) [Entry date 11/13/97]
[Edit date 11/17/97]
11/12/97 453 ORDER by Magistrate Judge Jerry W. Cavaneau re stipulations
requested by pltfs (cc: all counsel) (kayp)
[Entry date 11/13/97] [Edit date 11/17/97]
11/12/97 454 ORDER by Magistrate Judge Jerry W. Cavaneau setting
discovery dispute resolution conference for 9:00 on
11/24/97; counsel shall give the Court their proposed
agendas by 11/21/97; counsel shall make a status report on
the issue of possible live video testimony of Brunswick
witnesses by 11/17/97 (cc: all counsel) EOD 11/13/97 (kayp)
[Entry date 11/13/97] [Edit date 11/17/97]
11/12/97 455 POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed by pltfs
in response to court's previous orders (kayp)
[Entry date 11/13/97] [Edit date 11/17/97]
11/13/97 456 RESPONSE by deft Brunswick Corp to motion to compel
discovery (dissemination of confidential information)
[440-1] FILED UNDER SEAL (kayp) [Entry date 11/14/97]
[Edit date 11/17/97]
11/14/97 457 RESPONSE by deft Brunswick Corp to motion to strike deft's
reply memorandum in support of its motion for partial
summary judgment on pltfs' claims of attempted
monopolization of stern Drive and Outboard Motor Markets
[447-1] (kayp) [Entry date 11/17/97]
[Edit date 11/17/97]
11/17/97 458 ORDER by Magistrate Judge Jerry W. Cavaneau granted in part
& denied in part pltfs' motion to compel deft Brunswick
properly to respond to pltfs' eleventh set of discovery
requests [431-1] (cc: all counsel) UNDER SEAL (bt)
[Entry date 11/18/97]
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11/17/97 459 ORDER by Judge James M. Moody granting motion to strike
deft's reply memorandum in support of its motion for
summary judgment on pltfs' claims of attempted
monopolization of the stern Drive and Outboard Motor
[447-1] and striking memorandum [444-1] (cc: all counsel)
(kayp) [Entry date 11/18/97]
11/19/97 460 MOTION by deft Brunswick Corp to compel production of
non-privileged notes from IBBI board meetings FILED UNDER
SEAL (kayp) [Entry date 11/20/97]
11/19/97 461 MEMORANDUM by deft Brunswick Corp in support of motion to
compel production of non-privileged notes from IBBI board
meetings [460-1] FILED UNDER SEAL (kayp)
[Entry date 11/20/97]
11/19/97 462 ORDER by Judge James M. Moody ruling on motion for summary
judgment on pltfs' claims of attempted monopolization of
Stern Drive and Outboard Boat Markets is deferred until the
close of factual discovery on 12/15/97; pltfs shall submit
any additional materials in support of their response on or
before 12/22/97; deft will be allowed a reply only to this
motion, which shall be filed by 12/30/97 [379-1] (cc: all
counsel) (kayp) [Entry date 11/20/97]
11/20/97 463 MEMORANDUM by pltfs in response to motion to compel certain
pltfs to answer its request to admit no. 1 and all of its
interrog no. 6 of third set of discovery requests [437-1]
(kayp)
11/20/97 464 AFFIDAVIT of Brooks F. Poley regarding memorandum in
response to deft's motion to compel answers to request to
admit no. 1 and interrog no. 6 [463-1] (kayp)
11/20/97 465 CERTIFICATE OF SERVICE Lisa Krafve for pltfs of memorandum
in support of response to deft's motion to compel (kayp)
11/21/97 466 NOTICE by Brunswick Corp of filing agenda and brief for
11/24/97 hearing (kayp)
11/21/97 467 MOTION by pltfs for order permitting live testimony via
closed circuit television (kayp)
11/21/97 468 MEMORANDUM by pltfs in support of motion for order
permitting live testimony via closed circuit television
[467-1] (kayp)
11/21/97 469 AFFIDAVIT of Christopher W. Madel regarding motion for
order permitting live testimony via closed circuit
television [467-1] (kayp)
11/21/97 470 AFFIDAVIT of Marie L. Storevik regarding motion for order
permitting live testimony via closed circuit television
[467-1] (kayp)
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11/21/97 471 MOTION by Brunswick Corp to compel discovery (kayp)
[Entry date 11/24/97]
11/21/97 472 BRIEF by deft Brunswick Corp in support of motion to compel
discovery [471-1] (kayp) [Entry date 11/24/97]
11/24/97 473 MOTION by pltfs for leave to file fourth amended complaint
FILED UNDER SEAL (kayp)
11/24/97 474 MEMORANDUM by pltfs in support of motion for leave to file
fourth amended complaint [473-1] FILED UNDER SEAL (kayp)
11/24/97 475 AFFIDAVIT of K. Craig Wildfang regarding motion for leave
to file fourth amended complaint [473-1] FILED UNDER SEAL
(kayp)
11/24/97 476 CERTIFICATE by Ronnie J. La Plante for pltfs of service
upon defts of motion for leave to file fourth amended
complaint [473-1], memorandum [474-1] and affidavit [475-1]
(kayp)
11/24/97 477 CLERK'S MINUTES: Status conference held before Magistrate
Judge Jerry W. Cavaneau. Present for plaintiffs: Jerry
Jones, Amy Stewart, Craig Wildfang and Chris Madel. For
defendant: Jim Simpson, William Sutton, Tony Wilcox,
Veronica Young, Diane Smith, John Carroll and Susan
Childers. Court grants oral motion by Veronica Young,
Diane Smith and John Carroll to appear pro hac vice. Court
to enter written order. ERO - Donna Jackson (dj)
11/26/97 478 CORRECTED MEMORANDUM by pltfs in support of motion for
leave to file fourth amended complaint [473-1] FILED UNDER
SEAL (kayp)
11/26/97 479 AFFIDAVIT of Ronnie J. La Plante regarding service of
memorandum upon deft [478-1] (kayp)
11/26/97 480 ORDER by Magistrate Judge Jerry W. Cavaneau purs to the
discovery conference held on 11/24/97, the court orders:
parties are to file briefs by 12/4/97; parties are shall
report on the status of the Canadian market figures by
12/1/97; next discovery teleconference to be held 12/5/97
(cc: all counsel) (bt) [Entry date 11/28/97]
11/26/97 481 LIST of prospective deponents and anticipated non-expert
trial witnesses filed by Brunswick Corp in response to the
May 12 order of Judge Moody [287-1] (kayp)
[Entry date 12/08/97]
11/28/97 482 TRANSCRIPT (1 volume) of discovery conference before
Magistrate Judge Jerry W. Cavaneau on 11/24/97 (kayp)
[Entry date 12/01/97] [Edit date 12/08/97]
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12/1/97 483 RESPONSE by deft Brunswick Corp to motion for order
permitting live testimony via closed circuit television
[467-1] (kayp) [Entry date 12/02/97]
[Edit date 12/08/97]
12/2/97 484 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part, with modification, and denying in part, without
prejudice to the right to reopen the motion as to
Interrogatory No. 6, motion to compel certain pltfs to
answer its request to admit no. 1 and all of its interrog
no. 6 of third set of discovery requests [437-1] (cc: all
counsel) EOD 12/2/97 (kayp) [Edit date 12/08/97]
12/2/97 485 ORDER by Magistrate Judge Jerry W. Cavaneau directing clerk
to issue a check to Kay Quinn, Transcriber, in the amount of
$1,065.00 for transcript of the status conference held
11/24/97 (cc: all counsel) (kayp) [Entry date 12/04/97]
[Edit date 12/08/97]
12/3/97 486 MEMORANDUM by pltfs in opposition to motion to compel
production of non-privileged notes from IBBI board meetings
[460-1] FILED UNDER SEAL (kayp) [Edit date 12/08/97]
12/3/97 487 AFFIDAVIT of Robert R. Weinstine regarding memorandum in
opposition to motion to compel [486-1] FILED UNDER SEAL
(kayp) [Edit date 12/08/97]
12/3/97 488 NOTICE by Brunswick Corp of filing agenda and brief for
12/5/97 telephone conference (kayp) [Entry date 12/04/97]
[Edit date 12/08/97]
12/3/97 489 MOTION by Brunswick Corp to amend scheduling order (kayp)
[Entry date 12/04/97] [Edit date 12/08/97]
12/3/97 490 BRIEF by deft Brunswick Corp in support of motion to amend
scheduling order [489-1] (kayp) [Entry date 12/04/97]
[Edit date 12/08/97]
12/4/97 491 RESPONSE by deft Brunswick Corp to motion for leave to file
fourth amended complaint [473-1] (kayp)
[Entry date 12/05/97] [Edit date 12/08/97]
12/4/97 492 BRIEF by deft Brunswick Corp in support of response to
motion for leave to file fourth amended complaint [491-1]
(kayp) [Entry date 12/05/97] [Edit date 12/08/97]
12/4/97 493 NOTICE by Brunswick Corp of filing memorandum on
inapplicability of business record exception to certain
hearsay documents identified by pltfs (kayp)
[Entry date 12/05/97] [Edit date 12/08/97]
12/5/97 494 NOTICE by plaintiff of filing memorandum of law addressing
the "business records" exception to the hearsay rule (kayp)
[Edit date 12/08/97]
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12/5/97 495 CLERK'S MINUTES: Telephone conference held before
Magistrate Judge Jerry W. Cavaneau. Present for Plaintiffs:
Jerry Jones. Present for Defendants: William Sutton, Tony
Wilcox and Cliff Plunkett. Parties appearing via phone: For
Pltf. Brooks Poley; For Dft. John Carroll and Veronica
Young, Robert Finke. Order to follow. ERO: Jan Hoyt (jah)
[Edit date 12/08/97]
12/8/97 496 MOTION by deft Brunswick Corp for protective order to
preclude the deposition of in-house counsel Michael Schmitz
(kayp) [Entry date 12/09/97]
12/8/97 497 MEMORANDUM of law by Brunswick Corp in support of motion for
protective order to preclude the deposition of in-house
counsel Michael Schmitz [496-1] (kayp) [Entry date 12/09/97]
[Edit date 12/10/97]
12/9/97 498 ORDER by Judge James M. Moody jury trial moved to 1:30 on
4/13/98; all other ddls shall remain the same (cc: all
counsel) (kayp) [Entry date 12/10/97]
[Edit date 12/10/97]
12/10/97 499 ORDER by Magistrate Judge Jerry W. Cavaneau following
discovery conference of 12/5/97; next discovery conference
is set for 12/12/97 at 11:00 a.m. (cc: all counsel) EOD
12/10/97 (kayp)
12/10/97 500 ORDER by Magistrate Judge Jerry W. Cavaneau finding the
anticipated fact witness lists previously filed by the
parties on a bi-weekly basis no longer necessary (cc: all
counsel) EOD 12/10/97 (kayp)
12/10/97 501 AGENDA AND BRIEF filed by defendant Brunswick Corp for the
December 12, 1997 telephone conference (bt)
[Entry date 12/11/97]
12/11/97 502 MOTION by Brunswick Corp for attorneys John M. Carroll,
Diane Green Smith and Veronica Young to appear pro hac vice
(kayp) [Entry date 12/12/97] [Edit date 12/16/97]
12/11/97 503 CORRECTED BRIEF by Brunswick Corp in response to pltfs'
motion for leave to file fourth amended complaint [473-1]
(kayp) [Entry date 12/12/97]
12/12/97 504 SUPPLEMENTAL BRIEF by Brunswick Corp in support of response
to motion to permit live testimony via closed circuit
testimony [483-1] (kayp) [Entry date 12/15/97]
12/12/97 505 ORDER by Magistrate Judge Jerry W. Cavaneau denying pltfs'
oral motion of 12/5/97 to seal the transcript of the David
Jones deposition and prevent the disclosure of its contents
(cc: all counsel) FILED UNDER SEAL (kayp)
[Entry date 12/15/97]
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12/12/97 506 ORDER by Magistrate Judge Jerry W. Cavaneau following
telephone discovery conference of 12/12/97 (cc: all
counsel) (kayp) [Entry date 12/15/97]
12/12/97 508 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Present in chambers: for pltf - Amy Stewart,
for deft: Jim Simpson, Tony Wilcox, Susan Childers and
David Wilson. Present by telephone: for pltf - Craig
Wildfang and Lori Pfieffer, for deft - Diane Smith and
Veronica Young. ERO - Donna Jackson (dj)
[Entry date 12/15/97]
12/15/97 507 OBJECTIONS by pltfs to Magistrate Judge Cavaneau's order of
11/17/97 [458-1] EOD 12/15/97 FILED UNDER SEAL (kayp)
12/15/97 509 ORDER by Judge James M. Moody granting motion for attorneys
John M. Carroll, Diane Green Smith and Veronica Young to
appear pro hac vice for Brunswick Corp [502-1] (cc: all
counsel) (kayp) [Entry date 12/16/97]
12/15/97 510 ORDER by Judge James M. Moody setting show-cause hearing
for 9:00 on 1/16/98 (cc: all counsel) FILED UNDER SEAL (kayp)
[Entry date 12/16/97]
12/16/97 511 ORDER by Judge James M. Moody re the interpretation of
"filed under seal" (cc: all counsel) EOD 12/16/97 (kayp)
12/17/97 512 NOTICE by Brunswick Corp of filing agenda and brief for
12/19/97 telephone conference (kayp) [Entry date 12/18/97]
12/17/97 513 ORDER by Judge James M. Moody denying motion for order
permitting live testimony via closed circuit television
[467-1] (cc: all counsel) (kayp) [Entry date 12/18/97]
12/17/97 514 ORDER by Judge James M. Moody granting motion for leave to
file fourth amended complaint [473-1] (cc: all counsel)
(kayp) [Entry date 12/18/97]
12/18/97 515 NOTICE by pltfs of filing proposed agenda for 12/19/97
telephone conference with Magistrate Judge Cavaneau (FILED
UNDER SEAL) (kayp)
12/18/97 516 ORDER by Magistrate Judge Jerry W. Cavaneau cancelling
telephone discovery conference set for 12/19/97 and pltf's
issues; the next telephone conference is set for 1/9/98
(cc: all counsel) (kayp) [Entry date 12/19/97]
12/22/97 517 MEMORANDUM OF LAW by pltfs in response to deft's memorandum
of law in support of its motion for a protective order to
preclude the deposition of Michael Schmitz [497-1] FILED
UNDER SEAL (kayp) [Entry date 12/23/97]
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12/22/97 518 ORDER by Judge James M. Moody amending Scheduling Order of
10/10/97; withdrawing motions to amend scheduling order and
to compel discovery [489-1] [471-1]; modifying dates set in
court's order of 11/19/97 and amending Protective Order of
9/26/96 (cc: all counsel) (kayp) [Entry date 12/23/97]
12/23/97 519 ORDER by Judge James M. Moody setting next status
conference immediately following the contempt hearing
scheduled for 9:00 on 1/16/98; parties shall submit
proposed agendas by 12:00 on 1/14/98 (cc: all counsel) EOD
12/23/97 (kayp)
12/23/97 520 RESPONSE by deft Brunswick Corp to pltfs' objections to the
11/17/97 order of Judge Cavaneau [507-1] (kayp)
[Entry date 12/29/97]
12/23/97 521 MEMORANDUM of Peter N. Larson and Brunswick Corp in
response to order to show cause [510-2] FILED UNDER SEAL
(kayp) [Entry date 12/29/97]
12/24/97 522 FOURTH AMENDED complaint [235-1] by plaintiffs (FILED UNDER
SEAL) (kayp) [Entry date 12/29/97] [Edit date 12/29/97]
12/29/97 523 AFFIDAVIT of service of Lisa M. Krafve of fourth amended
complaint upon opposing counsel [522-1] (kayp)
12/30/97 524 MOTION by pltfs for attorney Steven E. Uhr to appear pro
hac vice (kayp) [Entry date 12/31/97]
1/2/98 525 ORDER by Judge James M. Moody that deft provide responses
to interrogs by 1/6/98 and to request for production of
documents by 1/5/98; and denying request for sanctions (cc:
all counsel) (kayp) [Entry date 01/05/98]
1/6/98 526 ORDER by Judge James M. Moody granting motion for attorney
Steven E. Uhr to appear pro hac vice [524-1] (cc: all
counsel) EOD 1/6/98 (kayp)
1/7/98 527 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau regarding plaintiffs' interrogatory #189. Present
in chambers for defendant - Jim Simpson. Present by
telephone: for plaintiffs - Jerry Jones, Amy Stewart,
Brooks Poley, Craig Wildfang; for defendant - Mark
McLaughlin, Lucy Nale, Gary Moddock and Jenny Dickey. Court
to enter written order. ERO - Donna Jackson (dj)
1/7/98 528 NOTICE by Brunswick Corp of filing agenda and brief for
1/9/98 telephone conference (kayp) [Entry date 01/08/98]
1/8/98 529 ANSWER to fourth amended complaint by deft Brunswick Corp;
jury demand (FILED UNDER SEAL) (kayp) [Entry date 01/09/98]
[Edit date 01/09/98]
Docket as of April 30, 1998 7:05 pm Page 90
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4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
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1/8/98 529 FIFTH amended counterclaim by counter-claimant Brunswick
Corp against counter-defts Independent Boat, Caravelle
Boats Inc, Concord Boat Corp, Galaxie Boat Works, Sea Arrow
Marine Inc, Mariah Boats Inc, Harris Kayot Inc, Armada
Manufacturing, Baha Cruisers/FRP, Campion Marine Inc,
Mirage Holdings Inc, Play Time Mfg, Powerquest Boats Inc,
Silverton Marine, Thompson Marine, Vanguard Industries, G W
Invader, Albemarle Boats Inc, KCS International (FILED
UNDER SEAL) (kayp) [Entry date 01/09/98]
1/9/98 530 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Present in chambers: for pltfs - Jerry Jones
and Amy Stewart, for deft - Jim Simpson and Susan Childers.
Present by telephone: for pltfs - Chris Madel, Brooks
Poley and Craig Wildfang, for deft - Mark McLaughlin, Dan
DuPre and Lucy Nale. Court to enter written order. ERO -
Donna Jackson (dj)
1/12/98 531 RESPONSE by pltfs to the court's order to show cause of
12/15/97 [510-2] FILED UNDER SEAL (kayp)
[Entry date 01/13/98]
1/12/98 532 ORDER by Magistrate Judge Jerry W. Cavaneau setting
teleconference for 1/13/98 at 11:00 a.m. (cc: all counsel)
(kayp) [Entry date 01/13/98]
1/12/98 533 ORDER by Judge James M. Moody cancelling show-cause
hearing and status conference on 1/16/98; deft should
construe this order as a show-cause order and file any
submissions by 1/26/98 (cc: all counsel) FILED UNDER SEAL
(kayp) [Entry date 01/13/98]
1/13/98 534 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau regarding interrogatory #189. Present in
chambers: for pltf - Jerry Jones, for deft - Jim Simpson.
Present by telephone: for pltf - Amy Stewart, Chris Madel,
Brooks Poley, Craig Wildfang, for deft - Mark McLaughlin,
Dan DuPre and Lucy Nale. ERO - Donna Jackson (dj)
1/13/98 535 NOTICE of motion and motion by pltfs to compel re pltfs'
fourteenth set of discovery FILED UNDER SEAL (kayp)
[Entry date 01/14/98]
1/13/98 536 MEMORANDUM by pltfs in support of motion to compel re
pltfs' fourteenth set of discovery [535-1] FILED UNDER SEAL
(kayp) [Entry date 01/14/98]
1/13/98 537 AFFIDAVIT of K. Craig Wildfang re motion to compel re
pltfs' fourteenth set of discovery [535-1] FILED UNDER SEAL
(kayp) [Entry date 01/14/98]
1/13/98 538 ORDER by Magistrate Judge Jerry W. Cavaneau setting ddls
following telephone discovery conferences of 1/9/98 and
1/13/98 (cc: all counsel) (kayp) [Entry date 01/14/98]
Docket as of April 30, 1998 7:05 pm Page 91
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4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
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1/13/98 539 SUPPLEMENTAL RESPONSE by pltfs in opposition to deft
Brunswick Corp's motion for summary judgment on pltfs'
claims of attempted monopolization of The Stern and Boat
Markets [379-1] FILED UNDER SEAL (kayp)
[Entry date 01/14/98] [Edit date 01/15/98]
1/13/98 541 AFFIDAVIT of Steven E. Uhr regarding supplemental response
to motion for summary judgment on pltfs' claims of
attempted monopolization of the Stern Drive and Outboard
Boat Markets [539-1] FILED UNDER SEAL (kayp)
[Entry date 01/15/98]
1/13/98 542 AFFIDAVIT of service of Ronnie J. La Plante regarding
supplemental response to motion for summary judgment
[539-1] (kayp) [Entry date 01/15/98]
1/14/98 540 RESPONSE by pltfs to court's order to show cause of
12/15/97 [510-2] FILED UNDER SEAL (kayp)
1/15/98 543 NOTICE and motion by pltfs to compel inspection of
Brunswick Corporation's premises FILED UNDER SEAL (kayp)
[Edit date 01/15/98]
1/15/98 544 MEMORANDUM by pltfs in support of motion to compel
inspection of Brunswick Corporation's premises [543-1]
FILED UNDER SEAL (kayp)
1/15/98 545 AFFIDAVIT of Laura A. Pfeiffer regarding motion to compel
inspection of Brunswick Corporation's premises [543-1]
FILED UNDER SEAL (kayp)
1/15/98 546 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau regarding materials reviewed and relied upon by
experts. Present: for pltfs - Amy Stewart (in chambers),
Chris Madel, Brooks Poley Craig Wildfang and Steve Uhr; for
deft Jim Simpson (in chambers). ERO - Donna Jackson (dj)
1/15/98 547 EMERGENCY MOTION by deft Brunswick Corp to extend ddl for
filing pre-trial motions (kayp) [Entry date 01/16/98]
1/15/98 548 BRIEF by Brunswick Corp in support of motion to extend ddl
for filing pre-trial motions [547-1] (kayp)
[Entry date 01/16/98]
1/15/98 549 MOTION by Brunswick Corp for attorney Bettina Getz to
appear pro hac vice (kayp) [Entry date 01/16/98]
1/16/98 550 ORDER by Judge James M. Moody re pltfs' objection to Judge
Cavaneau's order of 11/17/97; deft is directed to produce
the entire settlement agreement to pltfs within 5 days of
the entry date of this order [507-1] (cc: all counsel) (kayp)
[Entry date 01/20/98]
Docket as of April 30, 1998 7:05 pm Page 92
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1/16/98 551 ORDER by Magistrate Judge Jerry W. Cavaneau extending
pltfs' ddl for furnishing supplemental report of Robert
Hall to 1/22/98; all other ddls to remain in effect (cc:
all counsel) (kayp) [Entry date 01/20/98]
1/17/98 552 ORDER by Magistrate Judge Jerry W. Cavaneau setting
telephone discovery conference for 1/23/98 at 11:00;
agendas are due 1/21/98; deft should reply to Jerry Jones
letter of 1/14/98 no later than 1/20/98; defts are to
contact Ernst & Young by 1/20/98 to locate missing
submissions; and deft should supply ptfs with missing data
re zip disk and pltfs' interrog no. 189 no later than
1/20/98 (cc: all counsel) (kayp) [Entry date 01/20/98]
1/20/98 553 ORDER by Judge James M. Moody granting motion for attorney
Bettina Getz to appear pro hac vice [549-1] (cc: all
counsel) EOD 1/20/98 (kayp)
1/20/98 554 ANSWER by pltfs to deft's Fifth Amended Counterclaim (kayp)
1/20/98 555 ORDER by Magistrate Judge Jerry W. Cavaneau re inboard
sales information (cc: all counsel) (kayp)
[Entry date 01/21/98]
1/20/98 556 RESPONSE by pltfs to motion to extend ddl for filing
pre-trial motions [547-1] (kayp) [Entry date 01/21/98]
1/20/98 557 MOTION by deft Brunswick Corp to compel and to shorten
response time pursuant to Local Rule C-7(b) (kayp)
[Entry date 01/21/98]
1/20/98 558 BRIEF by Brunswick Corp in support of motion to compel
[557-1] and to shorten response time pursuant to Local Rule
C-7(b) [557-2] (kayp) [Entry date 01/21/98]
1/21/98 559 ORDER by Magistrate Judge Jerry W. Cavaneau directing deft
to provide certain information to pltfs within five
business days of the date of this order and subject to the
protective order this information shall be designed "highly
confidential" (cc: all counsel) EOD 1/21/98 FILED UNDER
SEAL (kayp)
1/21/98 560 ORDER by Judge James M. Moody directing clerk to docket
Jerry Jones' letter dated 1/14/98 as a motion by pltfs to
exclude testimony of Hoffman and Feldman and to docket
James Simpson's letter of 1/20/98 as a response to this
motion; any additional materials to support parties'
position should be filed by 1/22/98 (cc: all counsel) EOD
1/21/98 (kayp)
1/21/98 561 MOTION by pltfs to exclude the testimony of defts' experts
designated to respond to pltfs' experts Dr. W. Michael
Hoffman and Ms. Joan Feldman (kayp) [Edit date 01/27/98]
Docket as of April 30, 1998 7:05 pm Page 93
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4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
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1/21/98 562 RESPONSE by James M. Simpson on behalf of deft to motion to
exclude the testimony of defts' experts designated to
respond to pltfs' experts Dr. W. Michael Hoffman and Ms.
Joan Feldman [561-1] (kayp) [Edit date 01/27/98]
1/21/98 563 ORDER by Judge James M. Moody granting in part and denying
in part motion to extend ddl for filing pre-trial motions
[547-1]; ddl for filing pretrial motions is extended to
2/2/98; ddl for answering contention interrogs shall remain
at 3/2/98 (cc: all counsel) EOD 1/21/98 (kayp)
1/21/98 565 NOTICE by Brunswick Corp of filing agenda and brief for
1/23/98 telephone conference (kayp) [Entry date 01/22/98]
1/21/98 566 REPLY MEMORANDUM by Brunswick Corp in support of motion for
summary judgment on pltfs' claims of attempted
monopolization of The Stern Drive and Outboard Boat Markets
[379-1] FILED UNDER SEAL (kayp) [Entry date 01/22/98]
1/21/98 567 ORDER by Magistrate Judge Jerry W. Cavaneau that pltfs
respond to deft's motion to compel by 1/22/98; motion will
be an agenda item for the discovery conference on 1/23/98
(cc: all counsel) (kayp) [Entry date 01/22/98]
1/22/98 564 CLERK'S MINUTES: HEARING on discovery disputes held before
Judge James M. Moody by phone in chambers with attorneys
Sutton, Simpson, & Childers present and attorneys Poley,
Mclaughlin, Finke, Jones, Stewart & Wildfang by phone.
Judge Cavaneau present. Ctrptr. Fant. (sp)
1/23/98 568 MEMORANDUM by pltfs in opposition to deft's motion to
compel [557-1] (kayp)
1/23/98 569 AFFIDAVIT of Brooks F. Poley re memorandum in opposition to
Brunswick's motion to compel discovery [568-1] (kayp)
1/23/98 570 CERTIFICATE OF SERVICE by Lisa M. Krafve for pltfs of
service upon deft of memorandum in opposition to motion to
compel and affidavit of Brooks F. Poley [569-1] [568-1]
(kayp)
1/23/98 571 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau. Present in chambers: for pltfs - Amy Stewart,
for deft Tony Wilcox and Susan Childers. Present by
telephone: for pltfs - Jerry Jones, Chris Madel, Brooks
Poley, Craig Wildfang and Steve Uhr, for deft - John
Carroll, Diane Smith, Veronica Young and Lucia Nale. Court
to enter written order. Court reporter - Carolyn Fant (dj)
Docket as of April 30, 1998 7:05 pm Page 94
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
JWC
1/23/98 572 ORDER by Judge James M. Moody following the telephone
conference of 1/22/98 setting ddl for pltfs' for filing
dispositive pretrial motions for 2/9/98; denying pltfs'
request to compel Dr. Rapp's deposition during the week of
2/2/98; directing deft to provide Bates numbers for Dr.
Venus' reliance materials on or before the close of
business on 1/23/98, as well as a list of all articles
listed on Dr. Venus' CV; pltfs shall respond to the court
re this list by 1/28/98 (cc: all counsel) EOD 1/23/98 (kayp)
1/23/98 573 MEMORANDUM by deft Brunswick Corp in opposition to motion
to compel re pltfs' fourteenth set of discovery [535-1]
(kayp) [Entry date 01/26/98]
1/23/98 574 ORDER by Magistrate Judge Jerry W. Cavaneau following the
discovery conference of 1/23/98 setting ddls for discovery
(cc: all counsel) (kayp) [Entry date 01/26/98]
1/26/98 575 ORDER by Magistrate Judge Jerry W. Cavaneau re deft's
production of documents provided to the FTC (cc: all
counsel) EOD 1/26/98 (kayp)
1/26/98 576 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion
for protective order to preclude the deposition of in-house
counsel Michael Schmitz [496-1] (cc: all counsel) EOD
1/26/98 (kayp)
1/26/98 577 MEMORANDUM by deft Brunswick Corp in opposition to motion
to compel inspection of Brunswick Corporation's premises
[543-1] (kayp) [Entry date 01/27/98]
1/26/98 578 MEMORANDUM by Peter N. Larson and Brunswick Corp in
response to court's order of 1/12/98 to show cause [533-2]
FILED UNDER SEAL (kayp) [Entry date 01/27/98]
1/27/98 579 AFFIDAVIT of K. Craig Wildfang in opposition to deft's
motion to extend ddl for filing pre-trial motions [547-1]
(kayp)
1/27/98 580 MOTION by Brunswick Corp to strike Joan Feldman as an
expert witness for pltfs (kayp) [Entry date 01/28/98]
1/27/98 581 BRIEF by Brunswick Corp in support of motion to strike Joan
Feldman as an expert witness for pltfs [580-1] (kayp)
[Entry date 01/28/98]
1/27/98 582 MOTION by Brunswick Corp to exclude the testimony of
pltfs' expert on business ethics (kayp)
[Entry date 01/28/98]
1/27/98 583 MEMORANDUM by Brunswick Corp in support of motion to
exclude the testimony of pltfs' expert on business ethics
[582-1] (kayp) [Entry date 01/28/98]
Docket as of April 30, 1998 7:05 pm Page 95
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
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1/28/98 584 NOTICE of motion and motion by pltfs to compel production
of, or for in camera inspection of documents improperly
withheld on privilege grounds or improperly redacted FILED
UNDER SEAL (kayp)
1/28/98 585 MEMORANDUM by pltfs in support of motion to compel
production of [584-1], of motion for in camera inspection
of documents improperly withheld on privilege grounds or
improperly redacted [584-2] FILED UNDER SEAL (kayp)
1/28/98 586 AFFIDAVIT of Laura A. Pfeiffer regarding motion to compel
production of [584-1], or for in camera inspection of
documents improperly withheld on privilege grounds or
improperly redacted [584-2] FILED UNDER SEAL (kayp)
[Edit date 01/28/98]
1/28/98 587 ORDER by Judge James M. Moody directing parties to submit
proposed agendas for the status conference on or before
2/9/98 (cc: all counsel) (kayp) [Entry date 01/29/98]
1/29/98 588 TRANSCRIPT (1 volume) of telephone conference before
Magistrate Jerry W Cavaneau on 10/24/97 (kayp)
1/29/98 589 TRANSCRIPT (1 volume) of telephone conference before
Magistrate Jerry W Cavaneau on 1/9/98 (kayp)
1/29/98 590 ORDER by Judge James M. Moody re show cause order of
12/15/97 (cc: all counsel) FILED UNDER SEAL (kayp)
[Entry date 01/30/98]
1/30/98 591 ORDER by Judge James M. Moody denying motion to exclude the
testimony of defts' experts designated to respond to pltfs'
experts Dr. W. Michael Hoffman and Ms. Joan Feldman [561-1];
defts will be allowed to designate the two experts (cc:
all counsel) EOD 1/30/98 (kayp)
1/30/98 592 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion
to compel [557-1] [557-2]; pltf shall respond no later than
10 days from the date of this order to Interrogs 73 through
75; all other responses are du no later than 20 days from
the date of this order (cc: all counsel) (kayp)
[Entry date 02/02/98]
2/2/98 593 MOTION by Brunswick Corp for partial summary judgment
against Albermarle Boats, Inc. upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp) [Edit date 02/02/98]
2/2/98 594 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Albermarle
Boats, Inc. upon the seventh, eighth and ninth claims for
relief of pltfs' fourth amended complaint [593-1] FILED
UNDER SEAL (kayp)
Docket as of April 30, 1998 7:05 pm Page 96
Proceedings include all events. JURY
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JWC
2/2/98 595 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Albermarle Boats, Inc. upon the
seventh, eighth and ninth claims for relief of pltfs'
amended complaint [593-1] FILED UNDER SEAL (kayp)
2/2/98 596 MOTION by Brunswick Corp for partial summary judgment
against Harris-Kayot, Inc. upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp)
2/2/98 597 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against
Harris-Kayot, Inc. upon the seventh, eighth and ninth
claims for relief of pltfs' fourth amended complaint
[596-1] FILED UNDER SEAL (kayp)
2/2/98 598 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Harris-Kayot, Inc. upon the
seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint [596-1] FILED UNDER SEAL (kayp)
2/2/98 599 MOTION by Brunswick Corp for partial summary judgment
against Campion Marine, Inc. upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp)
2/2/98 600 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Campion
Marine, Inc. upon the seventh, eighth and ninth claims for
relief of pltfs' fourth amended complaint [599-1] FILED
UNDER SEAL (kayp)
2/2/98 601 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Campion Marine, Inc. upon the
seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint [599-1] FILED UNDER SEAL (kayp)
2/2/98 602 MOTION by Brunswick Corp for partial summary judgment
against KCS International Inc. upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp)
2/2/98 603 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against KCS
International Inc. upon the seventh, eighth and ninth
claims for relief of pltfs' fourth amended complaint
[602-1] FILED UNDER SEAL (kayp)
2/2/98 604 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against KCS International Inc. upon the
seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint [602-1] FILED UNDER SEAL (kayp)
Docket as of April 30, 1998 7:05 pm Page 97
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2/2/98 605 MOTION by Brunswick Corp for partial summary judgment
against Sea Arrow Marine, Inc. upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp)
2/2/98 606 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Sea Arrow
Marine, Inc. upon the seventh, eighth and ninth claims for
relief of pltfs' fourth amended complaint [605-1] FILED
UNDER SEAL (kayp)
2/2/98 607 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Sea Arrow Marine, Inc. upon the
seventh, eighth and ninth claims for relief of pltfs' fourth
amended complaint [605-1] FILED UNDER SEAL (kayp)
[Edit date 02/02/98]
2/2/98 608 MOTION by Brunswick Corp for partial summary judgment
against Silverton Marine Corp upon the seventh, eighth and
ninth claims for relief of plaintiffs' fourth amended
complaint FILED UNDER SEAL (kayp)
2/2/98 609 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Silverton
Marine Corp upon the seventh, eighth and ninth claims for
relief of plaintiffs' fourth amended complaint [608-1]
FILED UNDER SEAL (kayp)
2/2/98 610 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Silverton Marine Corp upon the
seventh, eighth and ninth claims for relief of plaintiffs'
fourth amended complaint [608-1] FILED UNDER SEAL (kayp)
2/2/98 611 MOTION by Brunswick Corp for partial summary judgment
against Caravell Boats Inc upon the seventh, eighth and
ninth claims for relief of plaintiffs' fourth amended
complaint FILED UNDER SEAL (kayp)
2/2/98 612 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Caravell
Boats Inc upon the seventh, eighth and ninth claims for
relief of plaintiffs' fourth amended complaint [611-1]
FILED UNDER SEAL (kayp)
2/2/98 613 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Caravell Boats Inc upon the
seventh, eighth and ninth claims for relief of plaintiffs'
fourth amended complaint [611-1] FILED UNDER SEAL (kayp)
2/2/98 614 MOTION by Brunswick Corp for partial summary judgment
against Malibu Boats West upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp)
Docket as of April 30, 1998 7:05 pm Page 98
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
JWC
2/2/98 615 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Malibu Boats
West upon the seventh, eighth and ninth claims for relief
of pltfs' fourth amended complaint [614-1] FILED UNDER SEAL
(kayp)
2/2/98 616 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Malibu Boats West upon the
seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint [614-1] FILED UNDER SEAL (kayp)
2/2/98 617 MOTION by Brunswick Corp for partial summary judgment
against Powerquest Boats Inc upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp)
2/2/98 618 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Powerquest
Boats Inc upon the seventh, eighth and ninth claims for
relief of pltfs' fourth amended complaint [617-1] FILED
UNDER SEAL (kayp)
2/2/98 619 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Powerquest Boats Inc upon the
seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint [617-1] FILED UNDER SEAL (kayp)
2/2/98 620 MOTION by Brunswick Corp for partial summary judgment
against Mariah Boats, Inc. upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp)
2/2/98 621 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Mariah
Boats, Inc. upon the seventh, eighth and ninth claims for
relief of pltfs' fourth amended complaint [620-1] FILED
UNDER SEAL (kayp)
2/2/98 622 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Mariah Boats, Inc. upon the
seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint [620-1] FILED UNDER SEAL (kayp)
2/2/98 623 MOTION by Brunswick Corp for partial summary judgment
against Galaxie Boat Works Inc upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp)
2/2/98 624 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Galaxie Boat
Works Inc upon the seventh, eighth and ninth claims for
relief of pltfs' fourth amended complaint [623-1] FILED
UNDER SEAL (kayp)
Docket as of April 30, 1998 7:05 pm Page 99
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JWC
2/2/98 625 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Galaxie Boat Works Inc upon the
seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint [623-1] FILED UNDER SEAL (kayp)
2/2/98 626 MOTION by Brunswick Corp for partial summary judgment
against Thompson Boat Works Inc upon the seventh, eighth
and ninth claims for relief of pltfs' fourth amended
complaint FILED UNDER SEAL (kayp)
2/2/98 627 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Thompson
Boat Works Inc upon the seventh, eighth and ninth claims
for relief of pltfs' fourth amended complaint [626-1] FILED
UNDER SEAL (kayp)
2/2/98 628 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Thompson Boat Works Inc upon the
seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint [626-1] FILED UNDER SEAL (kayp)
2/2/98 629 MOTION by Brunswick Corp for partial summary judgment
against IBBI upon the first, second, fourth, sixth,
seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint FILED UNDER SEAL (kayp)
2/2/98 630 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against IBBI upon
the first, second, fourth, sixth, seventh, eighth and ninth
claims for relief of pltfs' fourth amended complaint
[629-1] FILED UNDER SEAL (kayp)
2/2/98 631 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against IBBI upon the first, second,
fourth, sixth, seventh, eighth and ninth claims for relief
of pltfs' fourth amended complaint [629-1] FILED UNDER SEAL
(kayp)
2/2/98 632 MOTION by Brunswick Corp for partial summary judgment
against Mirage Mfg LLC upon the seventh, eighth and ninth
claims for relief of pltfs' fourth amended complaint FILED
UNDER SEAL (kayp)
2/2/98 633 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Mirage Mfg
LLC upon the seventh, eighth and ninth claims for relief of
pltfs' fourth amended complaint [632-1] FILED UNDER SEAL
(kayp)
2/2/98 634 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Mirage Mfg LLC upon the seventh,
eighth and ninth claims for relief of pltfs' fourth amended
complaint [632-1] FILED UNDER SEAL (kayp)
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