Date Filed | Doc # | Docket Text |
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2007-02-08 | 1 | Case Opened. Filing fee paid $ 350.00, Receipt Number 400 59421. Documents may now be electronically filed. Case number 07-111-MJR must be placed on all documents prior to filing them electronically. (Attachments: # 1 notice to consent to trial by Magistrate Judge)(dkd) (Entered: 02/08/2007) |
2007-02-08 | 2 | Motion and Order to Appear Pro Hac Vice granting appearance of Attorney Leigh A. Haynie for Mark Donham and Heartwood, Inc.. $100.00 fee paid,receipt number 400 59421 (dkd) (Entered: 02/08/2007) |
2007-02-12 | 3 | COMPLAINT against United States Forest Service (Filing fee $ 350.), filed by Mark Donham, Heartwood, Inc.. (Attachments: # 1 Affidavit Verification of Complaint# 2 Civil Cover Sheet)(Haynie, Leigh) (Entered: 02/12/2007) |
2007-02-13 | 4 | Summons Issued as to United States Forest Service. (dkd ) (Entered: 02/13/2007) |
2007-03-21 | 5 | STRICKEN PER DOC 6 - SUMMONS Returned Executed by Mark Donham, Heartwood, Inc.. United States Forest Service served on 2/20/2007, answer due 3/12/2007. (Attachments: # 1 Exhibit Verification of delivery by United States Post Office)(Haynie, Leigh) Modified on 3/22/2007 (dka, ). (Entered: 03/21/2007) |
2007-03-22 | 6 | NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 5 Summons Returned Executed filed by Mark Donham, Heartwood, Inc. See attached document for specifics (dka, ) (Entered: 03/22/2007) |
2007-03-22 | 7 | STRICKEN PER DOC 8 - SUMMONS Returned Executed by Mark Donham, Heartwood, Inc.. (Attachments: # 1 Exhibit Delivery Confirmation from U.S. Post Office)(Haynie, Leigh) Modified on 3/23/2007 (dka, ). (Entered: 03/22/2007) |
2007-03-23 | 8 | NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 7 Summons Returned Executed as to USA filed by Mark Donham, Heartwood, Inc. See attached document for specifics (dka, ) (Entered: 03/23/2007) |
2007-03-30 | 9 | STRICKEN PER DOC 10 - SUMMONS Returned Executed by Mark Donham, Heartwood, Inc.. (Attachments: # 1 Exhibit Post Office Confirmation)(Haynie, Leigh) Modified on 4/2/2007 (dka, ). (Entered: 03/30/2007) |
2007-04-02 | 10 | NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 9 Summons Returned Executed as to USA filed by Mark Donham,Heartwood, Inc. See attached document for specifics (dka, ) (Entered: 04/02/2007) |
2007-04-24 | 11 | SUMMONS Returned Executed by Mark Donham, Heartwood, Inc.. United States Forest Service served on 2/20/2007, answer due 4/23/2007. (Attachments: # 1 Exhibit United States Post Office confirmation)(Haynie, Leigh) (Entered: 04/24/2007) |
2007-05-16 | 12 | ANSWER to Complaint by United States Forest Service.(Coonan, William) (Entered: 05/16/2007) |
2007-05-30 | 13 | CJRA TRACK B assigned:Final Pretrial Conference set for 5/9/2008, 01:30 PM in East St. Louis Court House before Judge Michael J. Reagan. Bench Trial set for 6/9/2008, 09:00 AM in East St. Louis Court House before Judge Michael J. Reagan.Assigned by Judge Michael J. Reagan on 5/30/07. (acm) (Entered: 05/30/2007) |
2007-05-31 | 14 | NOTICE of Scheduling and Discovery Conference set for 7/9/2007 10:45 AM via telephone before Judge Philip M. Frazier. Counsel for plaintiffs to place the conference call. The telephone number for the Court is 618-439-7750. Lead counsel must participate in the conference call. (krm) (Entered: 05/31/2007) |
2007-05-31 | 15 | ORDER REGARDING DISCOVERY. Signed by Judge Philip M. Frazier on 5/31/2007. (krm) (Entered: 05/31/2007) |
2007-06-29 | 16 | SCHEDULING AND DISCOVERY ORDER: Joint Report approved and entered. Defendant will file its Vaughn Index, similar to an administrative record, by 7/16/07. The parties will file cross-motions for summary judgment by 9/14/07. The parties may file responses to the cross-motions for summary judgment by 10/19/07. A Settlement Conference in this case is WAIVED. The Scheduling and Discovery Conference set for 7/9/07, at 10:45 a.m., before Judge Philip M. Frazier is CANCELED. A final pretrial conference is set for 5/9/08 @ 1:30 p.m. in East St. Louis Courthouse before Judge Michael J. Reagan. As initially set by the Court, the trial date is 6/9/08 @ 9:00 a.m. in the East St. Louis Courthouse before Judge Michael J. Reagan. Signed by Judge Philip M. Frazier on 6/27/07. (Attachments: # 1 Joint Report of Parties)(mta) (Entered: 06/29/2007) |
2007-07-19 | 17 | NOTICE by United States Forest Service (Defendant's Notice of Filing the Record) (Attachments: # 1 Attachment)(Coonan, William) (Entered: 07/19/2007) |
2007-07-25 | 18 | First MOTION for Discovery by Mark Donham, Heartwood, Inc.. (Attachments: # 1 Exhibit Request for Production of Documents)(Haynie, Leigh) (Entered: 07/25/2007) |
2007-07-26 | 19 | NOTICE OF ERRORS AND/OR DEFICIENCIES re 18 Motion for Discovery filed by Mark Donham, Heartwood, Inc. See attached document for specifics (dka, ) (Entered: 07/26/2007) |
2007-08-02 | 20 | NOTICE by United States Forest Service of Filing of the Amended Vaughn Index (Attachments: # 1 Exhibits)(Coonan, William) (Entered: 08/02/2007) |
2007-08-02 | 21 | RESPONSE to Motion re 18 First MOTION for Discovery filed by United States Forest Service. (Coonan, William) (Entered: 08/02/2007) |
2007-08-20 | 22 | ORDER finding as MOOT 18 plaintiff's Motion for Leave to Serve Discovery. Signed by Judge Philip M. Frazier on 8/20/07. (mta) (Entered: 08/20/2007) |
2007-09-04 | 23 | First MOTION for Leave to File Excess Pages by Mark Donham, Heartwood, Inc.. (Haynie, Leigh) (Entered: 09/04/2007) |
2007-09-05 | 24 | ORDER granting 23 Motion for Leave to File Excess Pages: The Court hereby GRANTS Plaintiffs' motion (Doc. 23) and ALLOWS each party to exceed by 5 pages the 20-page limit for briefs. Signed by Judge Michael J. Reagan on 9/5/2007. (soh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/05/2007) |
2007-09-14 | 25 | Cross MOTION for Summary Judgment by Mark Donham, Heartwood, Inc..Responses due by 10/17/2007 (Attachments: # 1 Exhibit Statement of Undisputed Material Facts# 2 Exhibit Declaration of Smith# 3 Exhibit Donham Declaration)(Haynie, Leigh) (Entered: 09/14/2007) |
2007-09-14 | 26 | MOTION for Summary Judgment with Support Brief by United States Forest Service.Responses due by 10/17/2007 (Coonan, William) (Entered: 09/14/2007) |
2007-09-19 | 27 | ORDER re 25 Cross MOTION for Summary Judgment: The Court hereby sets the following deadlines. Responses to the Cross Motion for Summary Judgment (Doc. 25) are due by October 17, 2007. Replies, if any, are due by October 30, 2007. Signed by Judge Michael J. Reagan on 9/19/2007. (djp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/19/2007) |
2007-09-19 | 28 | ORDER re 26 MOTION for Summary Judgment: The Court hereby sets the following deadlines. Responses to the Motion for Summary Judgment (Doc. 26) are due by October 17, 2007. Replies, if any, are due by October 30, 2007. Signed by Judge Michael J. Reagan on 9/19/2007. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/19/2007) |
2007-10-17 | 29 | RESPONSE to Motion re 25 Cross MOTION for Summary Judgment filed by United States Forest Service. (Coonan, William) (Entered: 10/17/2007) |
2007-10-17 | 30 | RESPONSE in Opposition re 26 MOTION for Summary Judgment with Support Brief filed by Mark Donham, Heartwood, Inc.. (Haynie, Leigh) (Entered: 10/17/2007) |
2008-05-02 | 31 | ORDER: The Court hereby reminds that parties that a final pre-trial conference is set in this case for 1:30 p.m. on Friday, May 9, 2008. At the conference, the Court will hear oral argument with respect to the pending motions for summary judgment (Docs. 25 & 26). The Government should bring copies of the three documents at issue in this case so that the Court may conduct in camera review of these documents in accordance with 5 U.S.C. 552(a)(4)(B). Finally, the parties should be prepared to address the issue of whether the International Organization for Standardization (ISO) and/or the American National Standards Institution (ANSI) are indispensable parties to this action under Federal Rule of Civil Procedure 19(a). See Weisberg v. U.S. Dep't of Justice, 631 F.2d 824, 829-30 (D.C. Cir. 1980). At this time, however, the trial date remains firm. Signed by Judge Michael J. Reagan on 5/2/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/02/2008) |
2008-05-09 | 32 | Minute Entry for proceedings held before Judge Michael J. Reagan: Motion Hearing held on 5/9/2008 re 25 Cross MOTION for Summary Judgment filed by Mark Donham, Heartwood, Inc. and 26 MOTION for Summary Judgment with Support Brief filed by United States Forest Service. Order to follow. (Court Reporter Barb Kniepmann.) (acm) (Entered: 05/09/2008) |
2008-05-21 | 33 | ORDER DENYING 25 Plaintiffs' Cross MOTION for Summary Judgment, and GRANTING IN PART AND DENYING IN PART 26 the United States Forest Service's MOTION for Summary Judgment: As further explained in the attached Order, the Court DENIES Plaintiffs' motion for summary judgment (Doc. 25) and GRANTS IN PART AND DENIES IN PART the USFS's motion for summary judgment (Doc. 26). The Court GRANTS the USFS's motion for summary judgment with respect to Documents 2 and 3, and DENIES the USFS's motion for summary judgment with respect to Document 1. Additionally, the Court DIRECTS Plaintiffs to file an amended complaint consistent with this Order by June 6, 2008. The Court also DIRECTS Plaintiffs to join ANSI to this action. Plaintiffs shall serve ANSI with an amended complaint, consistent with this Order, no later than July 15, 2008. After service is effected upon ANSI, the Court will set new deadlines by which the parties may file motions for summary judgment with respect to Document 1. Consequently, the bench trial in this case must be continued. As such, the Court hereby CONTINUES the bench trial to 9:00 a.m. on December 1, 2008. Signed by Judge Michael J. Reagan on 5/21/2008. (djp) (Entered: 05/21/2008) |
2008-05-21 | | Set/Reset Hearings: Bench Trial set for 12/1/2008 09:00 AM in East St. Louis Court House before Judge Michael J. Reagan. (dmw) (Entered: 05/22/2008) |
2008-05-21 | | Set/Reset Deadlines: Amended Pleadings due by 6/6/2008 (see order at document #33). (dmw) (Entered: 05/22/2008) |
2008-06-06 | 34 | AMENDED COMPLAINT FIRST against all defendants, filed by Mark Donham, Heartwood, Inc..(Haynie, Leigh) (Entered: 06/06/2008) |
2008-06-06 | 35 | Summons Issued as to American National Standards Institute. (tkm ) (Entered: 06/06/2008) |
2008-07-09 | 36 | ANSWER to 34 Amended Complaint by United States Forest Service.(Coonan, William) (Entered: 07/09/2008) |
2008-07-15 | 37 | SUMMONS Returned Executed by Mark Donham, Heartwood, Inc.. American National Standards Institute served on 7/9/2008, answer due 7/29/2008. (Attachments: # 1 Affidavit Process Server Affidavit)(Haynie, Leigh) (Entered: 07/15/2008) |
2008-07-29 | 38 | Motion and Order to Appear Pro Hac Vice, granting the appearance of Attorney Gerald W. Griffin, Jr, for defendant, American National Standards Institute. $100.00 fee paid, receipt number 34625007403. (car) (Entered: 07/29/2008) |
2008-07-29 | 39 | MOTION for Extension of Time to File Answer re 34 Amended Complaint by American National Standards Institute. (Griffin, Gerald) (Entered: 07/29/2008) |
2008-07-31 | 40 | ORDER granting 39 defendant American National Standards Institute, Inc.'s Motion for Extension of Time to file a responsive pleading to re 34 plaintiffs' First Amended Complaint and EXTENDING the time to file a responsive pleading to 8/28/08. Signed by Magistrate Judge Philip M. Frazier on 7/31/08. (mta) (Entered: 07/31/2008) |
2008-07-31 | | Set/Reset Deadlines: American National Standards Institute, Inc.'s answer due 8/28/2008. (mta) (Entered: 07/31/2008) |
2008-08-13 | 41 | First MOTION to Dismiss Required Party by Mark Donham, Heartwood, Inc.. Responses due by 9/15/2008 (Haynie, Leigh) (Entered: 08/13/2008) |
2008-08-13 | 42 | MOTION Set Status Conference by Mark Donham, Heartwood, Inc.. (Haynie, Leigh) (Entered: 08/13/2008) |
2008-08-14 | 43 | ORDER GRANTING 42 MOTION to Set Status Conference: The Court hereby GRANTS the motion to set a telephonic status conference (Doc. 42). Accordingly, the Court SETS a telephonic status conference set for 03:30 PM on Friday, September 5, 2008. The Plaintiff shall initiate the call using the services of a professional teleconference provider, getting all counsel of record on the line and then adding the undersigned Judge last (reachable at 618-482-9460). Finally, the Court notes that unless the Court dismisses ANSI prior to this setting (see Doc. 41), counsel for ANSI shall also participate in the status conference. Signed by Judge Michael J. Reagan on 8/14/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/14/2008) |
2008-08-27 | 44 | MOTION for Extension of Time to File Answer re 34 Amended Complaint by American National Standards Institute. (Griffin, Gerald) (Entered: 08/27/2008) |
2008-08-29 | 45 | ORDER granting 44 defendant American National Standards Institute, Inc.'s Consent Motion for Extension of Time to Answer or file a responsive pleading to plaintiffs' First Amended Complaint and EXTENDING the time to 9/26/08 to file said response. Signed by Magistrate Judge Philip M. Frazier on 8/29/08. (mta) (Entered: 08/29/2008) |
2008-08-29 | | Set/Reset Deadlines: American National Standards Institute, Inc.'s answer due 9/26/2008. (mta) (Entered: 08/29/2008) |
2008-09-05 | 46 | ORDER re 43 Order setting Hearing: Due to an unavoidable scheduling conflict, the Court must CANCEL the hearing set for 3:30 p.m. today. The Court will reset the hearing at the earliest possible date on the docket. Counsel for Plaintiffs, ANSI, and the USFS shall each contact David Pfeffer, Judge Reagan's clerk, (618-482-9424) as soon as possible so as to explore potential dates. Signed by Judge Michael J. Reagan on 9/5/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/05/2008) |
2008-09-05 | 47 | ORDER SETTING HEARING: The Court hereby SETS a telephonic status conference for 11:00 a.m. on Thursday, September 11, 2008. The Plaintiff shall initiate the call using the services of a professional teleconference provider, getting all counsel of record on the line and then adding the undersigned Judge last (reachable at 618-482-9460). Finally, the Court notes that unless the Court dismisses ANSI prior to this setting (see Doc. 41), counsel for ANSI shall also participate in the status conference. Signed by Judge Michael J. Reagan on 9/5/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/05/2008) |
2008-09-11 | 48 | Minute Entry for proceedings held before Judge Michael J. Reagan: Status Conference held on 9/11/2008. Order to follow. (Court Reporter Laura Blatz.) (acm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/11/2008) |
2008-09-11 | 49 | ORDER DENYING 41 First MOTION to Dismiss Required Party : As indicated at the September 11, 2008 hearing, the Court DENIES Plaintiff's motion to dismiss the American National Standards Institute (Doc. 41). At this time, pending issues continue to affect ANSI's interests. However, as ANSI is not a defendant but rather an interested party, the Court does not require ANSI to submit an answer at this time. Signed by Judge Michael J. Reagan on 9/11/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/11/2008) |
2008-09-11 | 50 | ORDER: As indicated at the September 11, 2008 hearing, the Court SETS the following deadlines with respect to filing dispositive motions. Plaintiffs and the United States Forest Service's cross-motions for summary judgment are to be filed by October 8, 2008. Those motions should also address the issue of standing, as discussed during the hearing. The parties' responses to the cross-motions for summary judgment are to be filed no later than October 29, 2008. Finally, if ANSI wishes to file a response addressing its position with respect to its interests, it shall do so no later than November 5, 2008. Signed by Judge Michael J. Reagan on 9/11/2008. (djp, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/11/2008) |
2008-09-11 | 51 | ENTRY STRICKEN: Minute Entry for proceedings held before Judge Michael J. Reagan: Status Conference held on 9/11/2008. A Telephone Status Conference is set for 9/18/2008, 09:00 AM. The plaintiff shall initiate the call using the services of a professional teleconference provider, getting all counsel of record on the line and then adding Judge Michael J. Reagan last (reachable at 618-482-9460). (Court Reporter None.) (acm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 9/11/2008 (dmw). (Entered: 09/11/2008) |
2008-09-11 | 52 | NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 51 Minute Entry, as it was entered in wrong case. See attached document for specifics (dmw) (Entered: 09/11/2008) |
2008-10-07 | 53 | Second MOTION for Summary Judgment by Mark Donham, Heartwood, Inc.. Responses due by 11/10/2008 (Attachments: # 1 Exhibit Donham Declaration, # 2 Exhibit Smith Declaration, # 3 Exhibit Agency Denial of FOIA Appeal, # 4 Statement of Undisputed Material Facts)(Haynie, Leigh) (Entered: 10/07/2008) |
2008-10-08 | 54 | Second MOTION for Summary Judgment by United States Forest Service. Responses due by 11/10/2008 (Coonan, William) (Entered: 10/08/2008) |
2008-10-29 | 55 | RESPONSE to 53 Motion for Summary Judgment, filed by United States Forest Service. (Coonan, William) (Entered: 10/29/2008) |
2008-10-30 | 56 | NOTICE OF ERRORS AND/OR DEFICIENCIES re 55 Response filed by United States Forest Service. See attached document for specifics (dmw) (Entered: 10/30/2008) |
2008-10-31 | 57 | First MOTION for Extension of Time to File Response/Reply as to 54 Second MOTION for Summary Judgment by Mark Donham, Heartwood, Inc.. (Haynie, Leigh) (Entered: 10/31/2008) |
2008-11-03 | 58 | ORDER GRANTING 57 First MOTION for Extension of Time to File Response: The Court hereby GRANTS Plaintiffs' motion for an extension of time to respond (Doc. 57). Plaintiffs shall file any response to the USFS's motion for summary judgment (Doc. 54) no later than November 4, 2008. If ANSI wishes to file a response addressing its position with respect to its interests, it shall do so no later than November 11, 2008. Signed by Judge Michael J. Reagan on 11/3/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/03/2008) |
2008-11-03 | 59 | RESPONSE to 54 Motion for Summary Judgment filed by Mark Donham, Heartwood, Inc.. (Haynie, Leigh) (Entered: 11/03/2008) |
2008-11-04 | 60 | NOTICE OF ERRORS AND/OR DEFICIENCIES re 59 Response filed by Mark Donham, Heartwood, Inc. See attached document for specifics (dmw) (Entered: 11/04/2008) |
2008-11-07 | 61 | ORDER CONTINUING BENCH TRIAL: Due to an unavoidable conflict on the Court's calendar, the bench trial is hereby CONTINUED to 9:00 a.m. on January 12, 2009 in East St. Louis Court House before Judge Michael J. Reagan. Signed by Judge Michael J. Reagan on 11/7/2008. (djp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/07/2008) |
2008-11-11 | 62 | ENTRY STRICKEN: MEMORANDUM in Opposition re 54 Second MOTION for Summary Judgment, 53 Second MOTION for Summary Judgment By Plaintiff and in Support of Defendant's Second Motion for Summary Judgment filed by American National Standards Institute. (Griffin, Gerald) Modified on 11/12/2008 (dmw). (Entered: 11/11/2008) |
2008-11-12 | 63 | NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 62 Memorandum in Opposition to Motion, filed by American National Standards Institute. See attached document for specifics (dmw) (Entered: 11/12/2008) |
2008-11-12 | 64 | MEMORANDUM in Opposition re 54 Second MOTION for Summary Judgment, 53 Second MOTION for Summary Judgment By Plaintiff and in Support of Defendant's Second Motion for Summary Judgment filed by American National Standards Institute. (Attachments: # 1 Certificate of Service)(Griffin, Gerald) (Entered: 11/12/2008) |
2008-12-12 | 65 | ORDER DISMISSING CASE, Finding as moot plaintiffs' claim for production of document 1. Denying as moot 53 and 54 . Judgment to enter in favor of Defendant. Signed by Judge Michael J. Reagan on 12/12/08. (acm) (Entered: 12/12/2008) |
2008-12-12 | 66 | CLERK'S JUDGMENT in favor of Defendant, United States Forest Service and against Plaintiffs, Heartwood, Inc., Mark Donham with respect to documents 2 & 3.(acm) (Entered: 12/12/2008) |
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