TIRIAC v. BOMBARDIER AEROSPACE CORP. Docket

CM/ECF - vaed https://ecf.vaed.uscourts.gov/cgi-bin/DktRpt.pl?801670757347...
CLOSED, JURY
U.S. District Court

Eastern District of Virginia - (Alexandria)
CIVIL DOCKET FOR CASE #: 1:08-cv-00313-AJT -JFA
Tiriac v. Bombardier Aerospace Corp. Date Filed: 04/01/2008

Assigned to: District Judge Anthony J Trenga Date Terminated: 03/23/2009
Referred to: Magistrate Judge John F. Anderson Jury Demand: Both
Demand: $2,000,000 Nature of Suit: 190 Contract: Other
Cause: 28:1332 Diversity-Breach of Contract Jurisdiction: Diversity
Plaintiff
Ion Tiriac represented by Attison Leonard Barnes , III
Wiley Rein LLP (DC)
1776 K St, NW
Washington, DC 20006
(202) 719-7000
Fax: 202-719-7049
Email: abarnes@wileyrein.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
ULL 11 GmbH represented by Attison Leonard Barnes , III
(See above for address)
LEAD ATTORNEY
Defendant
Bombardier Aerospace Corp. represented by Grant Edward Kronenberg
Morris & Morris PC
700 East Main Street
Suite 1100
PO Box 30
Richmond, VA 23218
804-344-6334
Fax: 804-344-8359
Email: gkronenberg@morrismorris.com
Melissa Yvonne York

Morris & Morris PC
1 of 17 1/28/11 3:59 PM

Suite 1100
PO Box 30
Richmond, VA 23218
804-344-6346
Fax: 804-344-8359
Email: myork@morrismorris.com
Michael Robert Ward

Morris & Morris PC
Suite 1100
PO Box 30
Richmond, VA 23218
(804) 344-8300
Fax: 804-344-8359
Email: mward@morrismorris.com
Date Filed # Docket Text

04/01/2008 1 COMPLAINT filed by Ion Tiriac against Bombardier Aerospace Corp. (Filing
fee $ 350.00 receipt number 100007609). (Attachments: # 1 Civil Cover Sheet,
# 2 Receipt)(stas) (Entered: 04/02/2008)
04/01/2008 2 Summons Issued and given to atty for service by SPS as to deft. Bombardier
Aerospace Corp. (stas) (Entered: 04/02/2008)
04/25/2008 3 AMENDED COMPLAINT against Bombardier Aerospace Corp., filed by Ion
Tiriac.(Barnes, Attison) (Entered: 04/25/2008)
04/28/2008 Notice of Correction re: 3 AMENDED COMPLAINT against Bombardier
Aerospace Corp., filed by Ion Tiriac. The filing user has been notified to file
future documents with the correct signature block. (stas) (Entered: 04/28/2008)
05/14/2008 4 MOTION for Extension of Time to File Answer re 3 Amended Complaint by
Bombardier Aerospace Corp.. (Attachments: # 1 Exhibit A (proposed consent
order))(Ward, Michael) (Entered: 05/14/2008)
05/14/2008 5 Financial Interest Disclosure Statement (Local Rule 7.1) by Bombardier
Aerospace Corp.. (Ward, Michael) (Entered: 05/14/2008)
05/15/2008 6 ORDER In light of the 4 MOTION by Bombardier Aerospace Corp. for
Extension of Time to File Answer re 3 Amended Complaint and for good
cause, it is hereby ordered that Bombardier Aerospace Corp. has until
5/22/2008 to file its responsive pleadings. Signed by Magistrate Judge Barry R.
2 of 17 1/28/11 3:59 PM
Poretz on 5/15/2008. (stas) (Entered: 05/15/2008)

05/22/2008 7 Second MOTION for Extension of Time to File Answer by Bombardier
Aerospace Corp.. (Attachments: # 1 Exhibit A)(Ward, Michael) (Entered:
05/22/2008)
05/22/2008 8 Return of Service Executed as to deft. Bombardier Aerospace Corp.; complaint
served on 4/25/2008. (Attachments: # 1 Cover Letter)(stas) (Entered:
05/22/2008)
05/23/2008 9 ORDER that Bombardier Aerospace Corp. has until 6/12/2008 to file its
responsive pleadings. Signed by Magistrate Judge Barry R. Poretz on
5/23/2008. (stas) (Entered: 05/23/2008)
06/11/2008 10 Third MOTION for Extension of Time to File Answer by Bombardier
Aerospace Corp.. (Attachments: # 1 Exhibit A)(Ward, Michael) (Entered:
06/11/2008)
06/11/2008 11 ORDER In light of the 10 Third MOTION for Extension of Time to File
Answer by Bombardier Aerospace Corp. and for good cause, it is hereby
ordered that Bombardier Aerospace Corp. has until 7/11/2008 to file its
responsive pleadings. No further extensions shall be granted. Signed by
Magistrate Judge Barry R. Poretz on 6/11/2008. (stas) (Entered: 06/12/2008)
06/20/2008 12 Consent MOTION for Leave to File a Second Amended Complaint by Ion
Tiriac. (Attachments: # 1 Proposed Order)(Barnes, Attison) (Entered:
06/20/2008)
06/20/2008 13 Memorandum in Support re 12 Consent MOTION for Leave to File a Second
Amended Complaint filed by Ion Tiriac. (Attachments: # 1 Exhibit A, # 2
Exhibit B)(Barnes, Attison) (Entered: 06/20/2008)
06/20/2008 14 Notice of Hearing Date set for June 27, 2008 re 12 Consent MOTION for
Leave to File a Second Amended Complaint (Barnes, Attison) (Entered:
06/20/2008)
06/23/2008 Set Deadlines as to 12 Consent MOTION for Leave to File a Second Amended
Complaint. Motion Hearing set for 6/27/2008 at 10:00 AM before Magistrate
Judge Barry R. Poretz. (clar, ) (Entered: 06/23/2008)
06/23/2008 MOTIONS REFERRED to Magistrate Judge: Poretz. 12 Consent MOTION for
Leave to File a Second Amended Complaint (clar, ) (Entered: 06/23/2008)
06/25/2008 15 ORDER that the 12 Consent MOTION for Leave to File a Second Amended
Complaint by Ion Tiriac is GRANTED and ULL 11 GmbH shall be added as a
Plaintiff in this matter consistant with the proposed Second Amended
Complaint. The date for Defendant's response to the Complaint shall remain
July 11, 2008. Signed by Magistrate Judge Barry R. Poretz on 6/25/2008. (stas)
(Entered: 06/25/2008)
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06/25/2008 Per BRP chambers motions set for 6/27/08 on papers an order is to be issued
(clar, ) (Entered: 06/25/2008)
06/26/2008 16 AMENDED COMPLAINT (Second) against Bombardier Aerospace Corp.,
filed by Ion Tiriac, ULL 11 GmbH.(Barnes, Attison) (Entered: 06/26/2008)
07/11/2008 17 ANSWER to Complaint with Jury Demand by Bombardier Aerospace Corp..
(Ward, Michael) (Entered: 07/11/2008)
07/18/2008 Case reassigned to Magistrate Judge John F. Anderson. Magistrate Judge Barry
R. Poretz no longer assigned to the case. (Entered: 07/18/2008)
07/23/2008 18 MOTION to Seal exhibit and quoted portions of the Motion for Partial
Summary Judgment and Preliminary Injunctive Relief and supporting
pleadings by Ion Tiriac, ULL 11 GmbH. (Attachments: # 1 Proposed Order)
(Barnes, Attison) (Entered: 07/23/2008)
07/23/2008 19 Memorandum in Support re 18 MOTION to Seal exhibit and quoted portions
of the Motion for Partial Summary Judgment and Preliminary Injunctive Relief
and supporting pleadings filed by Ion Tiriac, ULL 11 GmbH. (Barnes, Attison)
(Entered: 07/23/2008)
07/23/2008 20 Notice of Hearing Date re 18 MOTION to Seal exhibit and quoted portions of
the Motion for Partial Summary Judgment and Preliminary Injunctive Relief
and supporting pleadings (Barnes, Attison) (Entered: 07/23/2008)
07/23/2008 21 MOTION for Partial Summary Judgment and Preliminary Injunctive Relief by
Ion Tiriac, ULL 11 GmbH. (Attachments: # 1 Proposed Order)(Barnes,
Attison) (Entered: 07/23/2008)
07/23/2008 22 Memorandum in Support re 21 MOTION for Partial Summary Judgment and
Preliminary Injunctive Relief filed by Ion Tiriac, ULL 11 GmbH. (Attachments:
# 1 Exhibit 1)(Barnes, Attison) Modified on 7/25/2008 to enter receipt of
unredacted memorandum in support and exhibits filed under seal. (jcor, ).
(Entered: 07/23/2008)
07/23/2008 23 Notice of Hearing Date set for 8/8/08 re 21 MOTION for Partial Summary
Judgment and Preliminary Injunctive Relief (Barnes, Attison) (Entered:
07/23/2008)
07/23/2008 Set Deadlines as to 18 MOTION to Seal exhibit and quoted portions of the
Motion for Partial Summary Judgment and Preliminary Injunctive Relief and
supporting pleadings, 21 MOTION for Partial Summary Judgment and
Preliminary Injunctive Relief. Motion Hearing set for 8/8/2008 at 10:00 AM
before District Judge Gerald Bruce Lee. (krob, ) (Entered: 07/23/2008)
08/05/2008 24 ORDER that this Exhibit A of Ion Tiriac's Declaration (the "Agreement"), as
attached to the Motion for Partial Summary Judgment and Preliminary
Injunctive Relief, and the Memorandum of Law in support of the Motion for
Partial Summary Judgment and Preliminary Injunctive Relief are hereby sealed
4 of 17 1/28/11 3:59 PM
until further Order of this Court. So ORDERED. (See order for details) Signed
by District Judge Gerald Bruce Lee on 8/5/2008. (stas) (Entered: 08/06/2008)
08/07/2008 25 Withdrawal of Motion by all plaintiffs re 21 MOTION for Partial Summary
Judgment and Preliminary Injunctive Relief (Attachments: # 1 Proposed Order)
08/07/2008 Per GBL chambers motions set for 8/8/08 have been withdrawn (clar, )
(Entered: 08/07/2008)
08/07/2008 26 SCHEDULING ORDER: Initial Pretrial Conference set for 8/27/2008 at 10:00
AM before Magistrate Judge John F. Anderson. Discovery due by 12/12/2008.
Final Pretrial Conference set for 12/18/2008 at 10:00 AM before District Judge
Gerald Bruce Lee. Signed by District Judge Gerald Bruce Lee on 8/7/2008.
(Attachments: # 1 Pretrial Notice, # 2 Magistrate Judge Consent Form)(stas)
(Entered: 08/07/2008)
08/19/2008 28 ORDER that the 21 MOTION by Ion Tiriac, ULL 11 GmbH for Partial
Summary Judgment and for Preliminary Injunctive Relief is withdrawn,
without prejudice. Signed by District Judge Gerald Bruce Lee on 8/19/2008.
(stas) (Entered: 08/20/2008)
08/20/2008 27 Discovery Plan by Ion Tiriac, ULL 11 GmbH, Bombardier Aerospace
Corp.(Barnes, Attison) Modified on 8/22/2008 to add party filer (stas).
(Entered: 08/20/2008)
08/22/2008 Notice of Correction re: 27 Discovery Plan by Ion Tiriac, ULL 11 GmbH. The
text has been modified to reflect the correct parties/filers of the document.
(stas) (Entered: 08/22/2008)
08/27/2008 29 Order Rule 16(b) Scheduling Order - Upon consideration of the representations
made by the parties in the Joint Rule 26(f) Discovery Plan (Docket no. 27) and
for the reasons discussed during the pretrial conference, the court makes the
following rulings: 1. The Discovery Plan is approved as revised by paragraph 2
of this Order and shall control discovery to the extent of its application unless
further modified by the court. 2. As proposed in paragraph B(5) of the
Discovery Plan, the discovery deadline is extended to January 9, 2009. The
final pretrial conference remains scheduled for December 18, 2008. The parties
are granted leave to file their Rule 26(a)(3) disclosures by January 16, 2009.
Objections to Rule 26(a)(3) disclosures must be filed within ten days after the
filing of the Rule 26(a)(3) disclosures. (See order for details). Signed by
Magistrate Judge John F. Anderson on 8/27/2008. (stas) (Entered: 08/28/2008)
08/27/2008 30 Minute Entry for proceedings held before Magistrate Judge John F. Anderson:
Initial Pretrial Conference held on 8/27/2008. Appearances; of counsel (via
telephone). Discovery Plan is approved. ORDER TO ISSUE. (Tape #ftr.) (nbla,
) (Entered: 08/29/2008)
5 of 17 1/28/11 3:59 PM
11/04/2008 31 Subpoena(s) returned re Thrid Party Subpoena for Documents by Attison

Leonard Barnes, III on behalf of Ion Tiriac, ULL 11 GmbH (Attachments: # 1
Schedule A)(Barnes, Attison) Modified on 11/5/2008 to correct docket
text(stas). (Entered: 11/04/2008)
11/05/2008 Notice of Correction re: 31 CERTIFICATE of Service re Thrid Party Subpoena
for Documents by Attison Leonard Barnes, III on behalf of Ion Tiriac, ULL 11
GmbH. The filing user selected the wrong event. Certificate of Service was
selected, and Subpoena(s) returned should have been selected. The docket has
been corrected. (stas) (Entered: 11/05/2008)
11/14/2008 32 MOTION to Compel Discovery by Ion Tiriac, ULL 11 GmbH. (Attachments: #
1 Proposed Order)(Barnes, Attison) (Entered: 11/14/2008)
11/14/2008 33 Memorandum in Support re 32 MOTION to Compel Discovery filed by Ion
Tiriac, ULL 11 GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhibit D, # 5 Exhibit E)(Barnes, Attison) (Entered: 11/14/2008)
11/14/2008 34 Notice of Hearing Date set for 11/21/08 re 32 MOTION to Compel Discovery
11/17/2008 Set Deadlines as to 32 MOTION to Compel Discovery. Motion Hearing set for
11/21/2008 at 10:00 AM before Magistrate Judge John F. Anderson. (clar, )
(Entered: 11/17/2008)
11/17/2008 MOTIONS REFERRED to Magistrate Judge: Anderson. 32 MOTION to
Compel Discovery (clar, ) (Entered: 11/17/2008)
11/18/2008 35 Notice of Hearing Date set for 11/25/2008 re 32 MOTION to Compel
Discovery (Barnes, Attison) (Entered: 11/18/2008)
11/19/2008 Reset Deadlines as to 32 MOTION to Compel Discovery. Motion Hearing set
for 11/25/2008 at 10:00 AM before Magistrate Judge John F. Anderson. (clar, )
(Entered: 11/19/2008)
11/19/2008 36 RESPONSE to Motion re 32 MOTION to Compel Discovery filed by
Bombardier Aerospace Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8
Exhibit H, # 9 Exhibit I)(Ward, Michael) (Entered: 11/19/2008)
11/19/2008 37 ORDER At the request of counsel for the parties, the hearing on the 32
MOTION to Compel Discovery by Ion Tiriac, ULL 11 GmbH (Docket no. 32)
currently scheduled for 10:00 a.m. on Friday, November 21, 2008 is continued
to 10:00 a.m. on Tuesday, November 25, 2008 before Magistrate Judge John F.
Anderson. Signed by Magistrate Judge John F. Anderson on 11/19/2008. (stas)
(Entered: 11/19/2008)
11/24/2008 38 REPLY to Response to Motion re 32 MOTION to Compel Discovery filed by
Ion Tiriac, ULL 11 GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Barnes, Attison) (Entered: 11/24/2008)
6 of 17 1/28/11 3:59 PM
Appearances; of counsel.Motion Hearing held on 11/25/2008 re 32 MOTION
to Compel Discovery filed by ULL 11 GmbH, Ion Tiriac -the motion is
ARGUED and GRANTED-IN-PART-DENIED-INPART. (Tape #ftr.) (nbla, )
(Entered: 11/25/2008)
11/25/2008 40 ORDER granting in part and denying in part 32 Motion to Compel. See Order
for more details. Signed by Magistrate Judge John F. Anderson on 11/25/2008.
(nbla, ) (Entered: 11/25/2008)
11/25/2008 41 PROTECTIVE ORDER without Prospective Sealing Provision Re: The
Handling and Labeling of Confidential Materials. Signed by Magistrate Judge
John F. Anderson on 11/25/2008. (stas) (Entered: 11/26/2008)
12/01/2008 42 TRANSCRIPT of Proceedings held on 11/25/08 before Judge John F.
Anderson. Court Reporter: FTR. (nmck, ) (Entered: 12/01/2008)
12/02/2008 43 MOTION for Summary Judgment Partial by Bombardier Aerospace Corp..
12/02/2008 44 Notice of Hearing Date set for December 19, 2008 at 10:00 a.m. re 43
MOTION for Summary Judgment Partial (Ward, Michael) (Entered:
12/02/2008)
12/02/2008 45 Brief in Support to 43 MOTION for Summary Judgment Partial filed by
Exhibit C, # 4 Exhibit D part 1, # 5 Exhibit D part 2, # 6 Exhibit E, # 7 Exhibit
F, # 8 Exhibit G, # 9 Exhibit H)(Ward, Michael) (Entered: 12/02/2008)
12/03/2008 Set Deadlines as to 43 MOTION for Summary Judgment Partial. Motion
Hearing set for 12/19/2008 at 10:00 AM before District Judge Gerald Bruce
Lee. (clar, ) (Entered: 12/03/2008)
12/04/2008 Case Reassigned to District Judge Anthony J Trenga. District Judge Gerald
Bruce Lee no longer assigned to the case. (rban, ) (Entered: 12/04/2008)
12/04/2008 Reset Deadlines as to 43 MOTION for Summary Judgment Partial. Motion
Hearing reset for 12/19/2008 at 10:00 AM before District Judge Anthony J
Trenga. (rban, ) (Entered: 12/04/2008)
12/04/2008 Reset Scheduling Order Deadlines: Final Pretrial Conference reset for
12/18/2008 at 10:00 AM before District Judge Anthony J Trenga. (rban, )
(Entered: 12/04/2008)
12/05/2008 46 UNOPPOSED MOTION for Extension of Time to Serve Expert Reports by
Bombardier Aerospace Corp.. (Ward, Michael) Modified on 12/5/2008 to
clarify motion is unopposed (stas). (Entered: 12/05/2008)
12/05/2008 47 MOTION for Extension of Time to Complete Discovery Extension of Time to
Serve Expert Report by Bombardier Aerospace Corp.. (Ward, Michael)
7 of 17 1/28/11 3:59 PM
(Entered: 12/05/2008)
12/05/2008 48 Brief in Support to 47 MOTION for Extension of Time to Complete Discovery
Extension of Time to Serve Expert Report filed by Bombardier Aerospace
Corp.. (Attachments: # 1 Exhibit A, # 2 Errata B, # 3 Exhibit C)(Ward,
Michael) (Entered: 12/05/2008)
12/05/2008 49 Notice of Hearing Date set for 12/12/08, 10 am re 47 MOTION for Extension
of Time to Complete Discovery Extension of Time to Serve Expert Report
12/05/2008 50 MOTION to Compel by Bombardier Aerospace Corp.. (Ward, Michael)
(Entered: 12/05/2008)
MOTION to Compel (Ward, Michael) (Entered: 12/05/2008)
12/05/2008 52 Brief in Support to 50 MOTION to Compel filed by Bombardier Aerospace
Corp.. (Attachments: # 1 Exhibit A)(Ward, Michael) (Entered: 12/05/2008)
12/05/2008 53 ORDERED that Defendant Bombardier shall designate its experts on 11/28/08,
but has until 12/5/08 at noon to produce a written report from its damages
expert Ken Dufour. Plaintiffs shall have until 12/19/08 at noon to make their
rebuttal expert designations and to submit amended designation of Victor
Chauvin and William Quinn. Signed by Magistrate Judge John F. Anderson on
12/5/08. (jcor, ) (Entered: 12/08/2008)
12/08/2008 Set Deadlines as to 47 MOTION for Extension of Time to Complete Discovery
Extension of Time to Serve Expert Report. Motion Hearing set for 12/12/2008
at 10:00 AM before Magistrate Judge John F. Anderson. (clar, ) (Entered:
12/08/2008)
12/08/2008 Set Deadlines as to 50 MOTION to Compel. Motion Hearing set for
12/12/2008 at 10:00 AM before Magistrate Judge John F. Anderson. (clar, )
(Entered: 12/08/2008)
Compel, 47 MOTION for Extension of Time to Complete Discovery Extension
of Time to Serve Expert Report (clar, ) (Entered: 12/08/2008)
12/10/2008 54 RESPONSE in Opposition re 50 MOTION to Compel filed by Ion Tiriac, ULL
11 GmbH. (Barnes, Attison) (Entered: 12/10/2008)
12/10/2008 55 RESPONSE in Opposition re 47 MOTION for Extension of Time to Complete
Discovery Extension of Time to Serve Expert Report filed by Ion Tiriac, ULL
11 GmbH. (Barnes, Attison) (Entered: 12/10/2008)
12/10/2008 56 Rebuttal Brief re 47 MOTION for Extension of Time to Complete Discovery
Extension of Time to Serve Expert Report filed by Bombardier Aerospace
Corp.. (Attachments: # 1 Exhibit A)(Ward, Michael) (Entered: 12/10/2008)
8 of 17 1/28/11 3:59 PM
12/10/2008 57 Rebuttal Brief re 50 MOTION to Compel filed by Bombardier Aerospace

Corp.. (Ward, Michael) (Entered: 12/10/2008)
12/12/2008 58 MOTION to Compel Complete Answers to Discovery by Bombardier
Aerospace Corp.. (Ward, Michael) (Entered: 12/12/2008)
MOTION to Compel Complete Answers to Discovery (Ward, Michael)
(Entered: 12/12/2008)
12/12/2008 60 Brief in Support to 58 MOTION to Compel Complete Answers to Discovery
filed by Bombardier Aerospace Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit
B, # 3 Exhibit C)(Ward, Michael) (Entered: 12/12/2008)
12/15/2008 Set Deadlines as to 58 MOTION to Compel Complete Answers to Discovery.
Motion Hearing set for 12/19/2008 at 10:00 AM before Magistrate Judge John
F. Anderson. (clar, ) (Entered: 12/15/2008)
Compel Complete Answers to Discovery (clar, ) (Entered: 12/15/2008)
12/15/2008 61 RESPONSE in Opposition re 43 MOTION for Summary Judgment Partial
filed by Ion Tiriac, ULL 11 GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Barnes, Attison)
(Entered: 12/15/2008)
12/15/2008 62 NOTICE by Ion Tiriac, ULL 11 GmbH re 61 Response in Opposition to
Motion of Submission of Exhibits G and H (Attachments: # 1 Exhibit G Part 1,
# 2 Exhibit G Part 2, # 3 Exhibit G Part 3, # 4 Exhibit G Part 4, # 5 Exhibit G
Part 5, # 6 Exhibit G Part 6, # 7 Exhibit G Part 7, # 8 Exhibit G Part 8, # 9
Exhibit H)(Barnes, Attison) (Entered: 12/15/2008)
12/16/2008 63 ORDER that the 50 MOTION to Compel by Bombardier Aerospace Corp. is
withdrawn as moot. Signed by Magistrate Judge John F. Anderson on
12/16/2008. (stas) (Entered: 12/16/2008)
12/16/2008 64 ORDER that 1. the 47 MOTION by Bombardier Aerospace Corp. for
Extension of Time to Complete Discovery Extension of Time to Serve Expert
Report is granted and the time extended so that the expert report of Kenneth
Dufour served on December 5, 2008 is deemed timely served. 2. Plaintiffs have
until December 22, 2008 to submit their rebuttal expert designations and to
produce amended expert designations of Victor Chauvin and William Quinn.
Signed by Magistrate Judge John F. Anderson on 12/16/2008. (stas) (Entered:
12/16/2008)
12/16/2008 65 Rebuttal Brief re 43 MOTION for Summary Judgment Partial filed by
Bombardier Aerospace Corp.. (Attachments: # 1 Exhibit A)(Ward, Michael)
(Entered: 12/16/2008)
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12/18/2008 Per AJT chambers motion set for 12/19/08 have been withdrawn (clar, )
(Entered: 12/18/2008)
12/18/2008 Per JFA chambers motion set for 12/19/08 resolved (clar, ) (Entered:
12/18/2008)
12/18/2008 66 Minute Entry for proceedings held before District Judge Anthony J Trenga:
Final Pretrial Conference held on 12/18/2008. Jury Trial set for 3/24/2009 at
10:00 AM before District Judge Anthony J Trenga. (tarm, ) (Entered:
12/19/2008)
12/18/2008 67 ORDER that the 58 MOTION by Bombardier Aerospace Corp to Compel
Complete Answers to Discovery is withdrawn as moot. Signed by Magistrate
Judge John F. Anderson on 12/18/2008. (stas) (Entered: 12/19/2008)
12/18/2008 68 ORDER that the discovery deadline in this matter is hereby enlarged up to and
including January 23, 2009, and the deadline to file and exchange the
discosures required under Federal Rule of Civil Procedure 26(a)(3) is enlarged
up to and including February 9, 2009. The parties shall file any objections to
witness lists and exhibit lists on or before February 23, 2009. The extension of
these deadlines shall not affect the trial date that has been set in this matter.
Signed by Magistrate Judge John F. Anderson on 12/18/2008. (stas) (Entered:
12/19/2008)
01/23/2009 69 MOTION to Compel Discovery by Ion Tiriac, ULL 11 GmbH. (Attachments: #
1 Proposed Order)(Barnes, Attison) (Entered: 01/23/2009)
01/23/2009 70 Memorandum in Support re 69 MOTION to Compel Discovery filed by Ion
Tiriac, ULL 11 GmbH. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part
2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Barnes, Attison) (Entered:
01/23/2009)
01/23/2009 71 Notice of Hearing Date set for 1/30/2009 re 69 MOTION to Compel Discovery
01/23/2009 72 MOTION to Compel by Bombardier Aerospace Corp.. (Kronenberg, Grant)
(Entered: 01/23/2009)
01/23/2009 73 Brief in Support to 72 MOTION to Compel filed by Bombardier Aerospace
Corp.. (Attachments: # 1 Exhibit A)(Kronenberg, Grant) (Entered: 01/23/2009)
01/23/2009 74 Notice of Hearing Date set for 1/30/09 re 72 MOTION to Compel
(Kronenberg, Grant) (Entered: 01/23/2009)
01/26/2009 Set Deadlines as to 69 MOTION to Compel Discovery, 72 MOTION to
Compel. Motion Hearing set for 1/30/2009 at 10:00 AM before Magistrate
Judge John F. Anderson. (clar, ) (Entered: 01/26/2009)
Compel Discovery, 72 MOTION to Compel (clar, ) (Entered: 01/26/2009)
10 of 17 1/28/11 3:59 PM
01/28/2009 75 Response in Opposition re 72 MOTION to Compel filed by Ion Tiriac, ULL 11

GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Barnes, Attison) Modified
on 1/30/2009 to correct docket text(stas). (Entered: 01/28/2009)
01/28/2009 76 Memorandum in Opposition re 69 MOTION to Compel Discovery filed by
Exhibit C to E, # 4 Exhibit F to H, # 5 Exhibit I to J)(Ward, Michael) (Entered:
01/28/2009)
01/28/2009 77 NOTICE by Bombardier Aerospace Corp. re 76 Memorandum in Opposition
of Submission of Exhibit K (Attachments: # 1 Exhibit K)(Ward, Michael)
(Entered: 01/28/2009)
01/29/2009 78 REPLY to Response to Motion re 69 MOTION to Compel Discovery filed by
Ion Tiriac, ULL 11 GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Barnes, Attison) (Entered: 01/29/2009)
01/29/2009 79 Rebuttal Brief re 72 MOTION to Compel filed by Bombardier Aerospace
Corp.. (Attachments: # 1 Exhibit A-B)(Ward, Michael) (Entered: 01/29/2009)
01/30/2009 Notice of Correction re: 75 Memorandum in Opposition re 72 MOTION to
Compel filed by Ion Tiriac, ULL 11 GmbH. The filing user selected the wrong
event. Memorandum in Opposition to Motion was selected, and Response in
Opposition to Motion should have been selected. The docket has been
corrected. (stas) (Entered: 01/30/2009)
Motion Hearing held on 1/30/2009 re 69 MOTION to Compel Discovery filed
by ULL 11 GmbH, Ion Tiriac, 72 MOTION to Compel filed by Bombardier
Aerospace Corp.:
Appearances of counsel for Pltf and Deft. Motions argued and GRANTED IN
PART. 69 Motion to Compel Discovery: Deft is ordered to provide the number
of aircraft done w/in the last 5 years in Canadian facility and Savannah facility.
Deft is to provide a representative drawing including the standard features
used. Deft is to produce any standard marketing materials that directly relate to
the window buckets. Deft is to review the identified docs (Privilege Log) to
make sure communications deal directly w/ opinion of law or legal services (to
be done w/in 1 week). 72 Motion to Compel: Pltf is to supplement descriptions
w/ basic information.
Order to follow.
(Court Reporter FTR)
(kbro) (Entered: 01/30/2009)
01/30/2009 81 ORDER granting in part 69 Motion to Compel -and- granting in part 72
Motion to Compel.
** See Order for details **
Signed by Magistrate Judge John F. Anderson on 1/30/2009.
(kbro) (Entered: 02/02/2009)
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02/09/2009 82 Rule 26 Disclosure by Bombardier Aerospace Corp.. (Ward, Michael)

(Entered: 02/09/2009)
02/09/2009 83 Witness List by Ion Tiriac, ULL 11 GmbH. (Barnes, Attison) (Entered:
02/09/2009)
02/09/2009 84 Exhibit List by Ion Tiriac, ULL 11 GmbH.. (Barnes, Attison) (Entered:
02/09/2009)
02/10/2009 85 Exhibits of Trial Received from deft Bombardier Aerospace Corp. (3 black
binders) (nmck, ) (Entered: 02/12/2009)
02/23/2009 86 Objections to Plaintiffs' Rule 26(A)(3) Disclosures by Bombardier Aerospace
Corp. (Ward, Michael) Modified on 2/24/2009 to correct docket text (stas).
(Entered: 02/23/2009)
02/23/2009 87 Objection to 82 Rule 26 Disclosure by Bombardier Aerospace Corp. filed by
Ion Tiriac, ULL 11 GmbH. (Barnes, Attison) (Entered: 02/23/2009)
02/24/2009 Notice of Correction re 86 Rule 26 Disclosure by Bombardier Aerospace Corp.
The filing user selected the wrong event. Rule 26 Disclosure was selected, and
Objection should have been selected. The docket has been corrected.(stas)
(Entered: 02/24/2009)
02/26/2009 88 Amended Exhibit List by Ion Tiriac, ULL 11 GmbH.. (Barnes, Attison)
Modified on 2/27/2009 to remove duplicative language (stas). (Entered:
02/26/2009)
02/27/2009 89 MOTION for Partial Summary Judgment Renewed by Bombardier Aerospace
Corp.. (Ward, Michael) (Entered: 02/27/2009)
02/27/2009 90 Notice of Hearing Date set for March 13, 2009 at 10:00 a.m. re 89 MOTION
for Partial Summary Judgment Renewed (Ward, Michael) (Entered:
02/27/2009)
02/27/2009 91 MOTION in Limine to Re-Activate Previously Filed Briefs by Bombardier
Aerospace Corp.. (Attachments: # 1 Proposed Order)(Ward, Michael) (Entered:
02/27/2009)
02/27/2009 92 MOTION to Exclude by Bombardier Aerospace Corp.. (Kronenberg, Grant)
(Entered: 02/27/2009)
02/27/2009 93 Brief in Support to 92 MOTION to Exclude filed by Bombardier Aerospace
Corp.. (Attachments: # 1 Exhibit A-D)(Kronenberg, Grant) (Entered:
02/27/2009)
02/27/2009 94 MOTION in Limine by Bombardier Aerospace Corp.. (Kronenberg, Grant)
(Entered: 02/27/2009)
02/27/2009 95 Brief in Support to 94 MOTION in Limine filed by Bombardier Aerospace
Corp.. (Kronenberg, Grant) (Entered: 02/27/2009)
12 of 17 1/28/11 3:59 PM
02/27/2009 96 MOTION in Limine to Limit Claims by Bombardier Aerospace Corp..

(Kronenberg, Grant) (Entered: 02/27/2009)
02/27/2009 97 Brief in Support to 96 MOTION in Limine to Limit Claims filed by
Bombardier Aerospace Corp.. (Attachments: # 1 Exhibit A and B, # 2 Exhibit
C-F)(Kronenberg, Grant) (Entered: 02/27/2009)
02/27/2009 98 Notice of Hearing Date set for 3/13/09 re 92 MOTION to Exclude, 96
MOTION in Limine to Limit Claims, 94 MOTION in Limine (Kronenberg,
Grant) (Entered: 02/27/2009)
02/27/2009 99 MOTION for Partial Summary Judgment by Ion Tiriac, ULL 11 GmbH.
02/27/2009 100 Notice of Hearing Date set for 3/19/2009 re 99 MOTION for Partial Summary
Judgment (Barnes, Attison) (Entered: 02/27/2009)
02/27/2009 101 Memorandum in Support re 99 MOTION for Partial Summary Judgment filed
by Ion Tiriac, ULL 11 GmbH. (Attachments: # 1 Exhibit A)(Barnes, Attison)
(Entered: 02/27/2009)
02/27/2009 102 NOTICE by Ion Tiriac, ULL 11 GmbH re 101 Memorandum in Support of
Submission of Exibits B to Z (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3
Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8
Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit M, # 12 Exhibit N, # 13
Exhibit O, # 14 Exhibit P, # 15 Exhibit Q, # 16 Exhibit R, # 17 Exhibit T, # 18
Exhibit U, # 19 Exhibit V, # 20 Exhibit W, # 21 Exhibit X, # 22 Exhibit Y, # 23
Exhibit Z)(Barnes, Attison) (Entered: 02/27/2009)
03/02/2009 Set Deadlines as to 99 MOTION for Partial Summary Judgment, 96 MOTION
in Limine to Limit Claims, 89 MOTION for Partial Summary Judgment
Renewed, 94 MOTION in Limine, 92 MOTION to Exclude. Motion Hearing
set for 3/13/2009 at 10:00 AM before District Judge Anthony J Trenga. (clar, )
(Entered: 03/02/2009)
03/02/2009 103 ORDER that the previously filed briefs are re-activated in regards to the
Renewed Motion for Partial Summary Judgment: Bombardier's Brief in
Support (docket no. 45); Plaintiffs Response in Opposition (docket no. 61); and
Bombardier's Rebuttal Brief in Support (docket no. 65). Plaintiffs can, if they
elect to do so, file a supplemental brief in opposition by March 9, 2009 and
BAC can, if it elects to do so, file a supplemental brief in support by March 11.
It is so ordered. (See order for details). Signed by District Judge Anthony J
Trenga on 3/2/2009. (stas) (Entered: 03/03/2009)
03/06/2009 104 MOTION in Limine to Exclude Evidence Relating to Defects in Unrelated
Aircraft by Ion Tiriac, ULL 11 GmbH. (Attachments: # 1 Proposed Order)
13 of 17 1/28/11 3:59 PM
03/06/2009 105 Memorandum in Support re 104 MOTION in Limine to Exclude Evidence

Relating to Defects in Unrelated Aircraft filed by Ion Tiriac, ULL 11 GmbH.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Barnes, Attison) (Entered:
03/06/2009)
03/06/2009 106 Notice of Hearing Date set for 3/20/2009 re 104 MOTION in Limine to
Exclude Evidence Relating to Defects in Unrelated Aircraft (Barnes, Attison)
(Entered: 03/06/2009)
03/06/2009 107 MOTION in Limine to Exclude Defendant's Proposed Exhibit 9 by Ion Tiriac,
ULL 11 GmbH. (Attachments: # 1 Proposed Order)(Barnes, Attison) (Entered:
03/06/2009)
03/06/2009 108 NOTICE by Ion Tiriac, ULL 11 GmbH of Request to Take Judcial Notice
(Attachments: # 1 Proposed Order)(Barnes, Attison) (Entered: 03/06/2009)
03/06/2009 109 MOTION in Limine to Take Judcial Notice of London Interbank Offered Rate
by Ion Tiriac, ULL 11 GmbH. (Attachments: # 1 Proposed Order)(Barnes,
03/06/2009 110 Memorandum in Support re 109 MOTION in Limine to Take Judcial Notice of
London Interbank Offered Rate filed by Ion Tiriac, ULL 11 GmbH.
(Attachments: # 1 Exhibit A)(Barnes, Attison) (Entered: 03/06/2009)
03/06/2009 111 Notice of Hearing Date set for 3/20/2009 re 109 MOTION in Limine to Take
Judcial Notice of London Interbank Offered Rate (Barnes, Attison) (Entered:
03/06/2009)
03/06/2009 112 MOTION in Limine to Take Judcial Notice of European Union Pilot
Retraining Requirements by Ion Tiriac, ULL 11 GmbH. (Attachments: # 1
Proposed Order)(Barnes, Attison) (Entered: 03/06/2009)
03/06/2009 113 Memorandum in Support re 112 MOTION in Limine to Take Judcial Notice of
European Union Pilot Retraining Requirements filed by Ion Tiriac, ULL 11
GmbH. (Attachments: # 1 Exhibit A)(Barnes, Attison) (Entered: 03/06/2009)
03/06/2009 114 Notice of Hearing Date set for 3/20/2009 re 112 MOTION in Limine to Take
Judcial Notice of European Union Pilot Retraining Requirements (Barnes,
03/06/2009 115 Memorandum in Support re 107 MOTION in Limine to Exclude Defendant's
Proposed Exhibit 9 filed by Ion Tiriac, ULL 11 GmbH. (Attachments: # 1
Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit A Part 3, # 4 Exhibit A Part
4, # 5 Exhibit A Part 5, # 6 Exhibit B, # 7 Exhibit C)(Barnes, Attison)
(Entered: 03/06/2009)
03/06/2009 116 Notice of Hearing Date set for 3/20/2009 re 107 MOTION in Limine to
Exclude Defendant's Proposed Exhibit 9 (Barnes, Attison) (Entered:
03/06/2009)
14 of 17 1/28/11 3:59 PM
03/09/2009 Set Deadlines as to 107 MOTION in Limine to Exclude Defendant's Proposed

Exhibit 9, 104 MOTION in Limine to Exclude Evidence Relating to Defects in
Unrelated Aircraft, 112 MOTION in Limine to Take Judcial Notice of
European Union Pilot Retraining Requirements, 109 MOTION in Limine to
Take Judcial Notice of London Interbank Offered Rate. Motion Hearing set for
3/20/2009 at 10:00 AM before District Judge Anthony J Trenga. (clar, )
(Entered: 03/09/2009)
03/09/2009 117 Response in Opposition re 89 MOTION for Partial Summary Judgment
Renewed filed by Ion Tiriac, ULL 11 GmbH. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7
Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12
Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17
Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Barnes, Attison)
Modified on 3/10/2009 to correct docket text (stas). (Entered: 03/09/2009)
03/09/2009 118 MEMORANDUM/BRIEF in Opposition re 99 MOTION for Partial Summary
Judgment filed by Bombardier Aerospace Corp.. (Attachments: # 1 Exhibit A,
# 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-F, # 5 Exhibit G-J, # 6 Exhibit K-P,
# 7 Exhibit Q-R, # 8 Exhibit S, # 9 Exhibit T-U)(Kronenberg, Grant) Modified
on 3/10/2009 to correct docket text (stas). (Entered: 03/09/2009)
03/10/2009 Notice of Correction re: 117 Memorandum in Opposition re 89 MOTION for
Partial Summary Judgment Renewed filed by Ion Tiriac, ULL 11 GmbH. The
filing user selected the wrong event. Memorandum in Opposition to Motion
was selected, and Response in Opposition to Motion should have been
selected. The docket has been corrected.(stas) (Entered: 03/10/2009)
03/10/2009 Notice of Correction re: 118 RESPONSE in Opposition re 99 MOTION for
Partial Summary Judgment filed by Bombardier Aerospace Corp. The filing
user selected the wrong event. Response in Opposition to Motion was selected,
and Memorandum in Opposition to Motion should have been selected. The
docket has been corrected. (stas) (Entered: 03/10/2009)
03/10/2009 119 Response in Opposition re 92 MOTION to Exclude Evidence Regarding
Events Prior to March 12, 2008 filed by Ion Tiriac, ULL 11 GmbH.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Barnes, Attison) Modified on
3/11/2009 to correct docket text (stas). (Entered: 03/10/2009)
03/10/2009 120 Response to 94 MOTION in Limine for Jury View filed by Ion Tiriac, ULL 11
GmbH. (Attachments: # 1 Exhibit A)(Barnes, Attison) Modified on 3/11/2009
to correct docket text (stas). (Entered: 03/10/2009)
03/10/2009 121 Response in Opposition re 96 MOTION in Limine to Limit Claims filed by Ion
Tiriac, ULL 11 GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C)(Barnes, Attison) Modified on 3/11/2009 to correct docket text (stas).
(Entered: 03/10/2009)
15 of 17 1/28/11 3:59 PM
03/11/2009 Notice of Correction re 119 Memorandum in Opposition re 92 MOTION to

Exclude Evidence Regarding Events Prior to March 12, 2008 filed by Ion
Tiriac, ULL 11 GmbH, and 121 Memorandum in Opposition re 96 MOTION in
Limine to Limit Claims filed by Ion Tiriac, ULL 11 GmbH. The filing user
selected the wrong event. Memorandum in Opposition to Motion was selected,
and Response in Opposition to Motion should have been selected. The docket
has been corrected. (stas) (Entered: 03/11/2009)
03/11/2009 Notice of Correction re 120 Memorandum in Opposition re 94 MOTION in
Limine for Jury View filed by Ion Tiriac, ULL 11 GmbH. The filing user
selected the wrong event. Memorandum in Opposition to Motion was selected,
and Response to Motion should have been selected. The docket has been
corrected. (stas) (Entered: 03/11/2009)
03/11/2009 122 Rebuttal Brief re 89 MOTION for Partial Summary Judgment Renewed
Supplemental Rebuttal Brief in Support of Motion for Partial Summary
Judgment filed by Bombardier Aerospace Corp.. (Attachments: # 1 Exhibit Ex.
A & B, # 2 Exhibit Ex. C & D, # 3 Exhibit Ex. E, F, & G, # 4 Exhibit Ex. H, #
5 Exhibit Ex. I, # 6 Exhibit Ex. J)(Kronenberg, Grant) (Entered: 03/11/2009)
03/11/2009 123 Rebuttal Brief re 92 MOTION to Exclude Evidence Regarding Events Prior to
March 12, 2008 filed by Bombardier Aerospace Corp.. (Attachments: # 1
Exhibit A & B)(York, Melissa) (Entered: 03/11/2009)
03/11/2009 124 REPLY to Response to Motion re 99 MOTION for Partial Summary Judgment
filed by Ion Tiriac, ULL 11 GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Barnes, Attison)
(Entered: 03/11/2009)
03/11/2009 125 Rebuttal Brief re 94 MOTION in Limine for Jury View filed by Bombardier
Aerospace Corp.. (Attachments: # 1 Exhibit A and B)(Kronenberg, Grant)
(Entered: 03/11/2009)
03/11/2009 126 Rebuttal Brief re 96 MOTION in Limine to Limit Claims filed by Bombardier
Aerospace Corp.. (Kronenberg, Grant) (Entered: 03/11/2009)
03/12/2009 Notice of Correction re: 123 Rebuttal Brief re 92 MOTION to Exclude
Evidence Regarding Events Prior to March 12, 2008 filed by Bombardier
Aerospace Corp. The filing user has been asked to either notice her appearance
in this case or to have counsel of record refile the document. (stas) (Entered:
03/12/2009)
03/12/2009 127 NOTICE of Appearance by Melissa Yvonne York on behalf of Bombardier
Aerospace Corp. (York, Melissa) (Entered: 03/12/2009)
03/12/2009 128 Objection to 88 Exhibit List Supplemental Objections to Plaintiffs' Exhibit List
filed by Bombardier Aerospace Corp.. (Kronenberg, Grant) (Entered:
03/12/2009)
16 of 17 1/28/11 3:59 PM
03/13/2009 129 Minute Entry for proceedings held before District Judge Anthony J Trenga:
Docket Call held on 3/13/2009:
Appearances of counsel for Pltf and Deft. Case came on for a Motions
Hearing; however, counsel advised that the case has SETTLED. Counsel will
work on settlement agreement this weekend. Court: Trial date will remain until
settlement agreement has been submitted.
(Court Reporter R. Wilson)
(kbro) (Entered: 03/13/2009)
03/13/2009 130 Trial Exhibits (3 Black Binders) Returned to Defendant's Attorney, Michael
Ward. (tfitz, ) (Entered: 03/13/2009)
03/23/2009 131 STIPULATION OF DISMISSAL WITH PREJUDICE that this action is hereby
dismissed with prejudice this 23rd day of March, 2009. (See stipulation for
details). Signed by District Judge Anthony J Trenga on 3/23/2009. (stas)
(Entered: 03/23/2009)
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TIRIAC v. BOMBARDIER AEROSPACE CORP. Docket

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TIRIAC v. BOMBARDIER AEROSPACE CORP. Docket

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CM/ECF - vaed https://ecf.vaed.uscourts.gov/cgi-bin/DktRpt.pl?801670757347...

U.S. District Court

Tiriac v. Bombardier Aerospace Corp. Date Filed: 04/01/2008

Melissa Yvonne York

700 East Main Street

Michael Robert Ward

Date Filed # Docket Text

Poretz on 5/15/2008. (stas) (Entered: 05/15/2008)

11/04/2008 31 Subpoena(s) returned re Thrid Party Subpoena for Documents by Attison

12/10/2008 57 Rebuttal Brief re 50 MOTION to Compel filed by Bombardier Aerospace

01/28/2009 75 Response in Opposition re 72 MOTION to Compel filed by Ion Tiriac, ULL 11

02/09/2009 82 Rule 26 Disclosure by Bombardier Aerospace Corp.. (Ward, Michael)

02/27/2009 96 MOTION in Limine to Limit Claims by Bombardier Aerospace Corp..

03/06/2009 105 Memorandum in Support re 104 MOTION in Limine to Exclude Evidence

03/09/2009 Set Deadlines as to 107 MOTION in Limine to Exclude Defendant's Proposed

03/11/2009 Notice of Correction re 119 Memorandum in Opposition re 92 MOTION to

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