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Date: 04-24-2017

Case Style: William C. Milks III v. Alton B. West, Mary C. West, Erickson Inspections, LLC and Toby Horn Exterminating (The 1), LLC

Case Number: CJ-2010-6970

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Brant Warrick

Defendant's Attorney: Julia Allen and Brian Aspan for Alton B. West


Mark Smiling for Erickson Inspections, LLC

Description: Tulsa, OK - William C. Milks III sued Alton B. West, Mary C. West, Erickson Inspections, LLC and Toby Horn Exterminating The 1), LLC on a Residential Property Condition Disclosure Act (60 O.S. 831) violation theory.

Plaintiff purchased a home from the Wests for $615,000
The property was inspected and found, after certain repairs, to be in good repair.



Issue # 1. Issue: VIOLATION OF OKLA STAT TIT 60 831 ET SEQ (OTHER)
Filed By: MILKS, WILLIAM C III
Filed Date: 06/28/2013
Party Name Disposition Information
Defendant: WEST, ALTON B Disposed: DISMISSED - SETTLED, 04/24/2017. Dismissed- Settled
Defendant: WEST, MARY C Disposed: DISMISSED - SETTLED, 04/24/2017. Dismissed- Settled
Issue # 2. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed By: MILKS, WILLIAM C III
Filed Date: 06/28/2013
Party Name Disposition Information
Defendant: TOBY HORN EXTERMINATING LLC Disposed: DISMISSED - WITH PREJUDICE, 10/21/2013. Other
Defendant: ERICKSON INSPECTIONS LLC Disposed: DISMISSED - WITH PREJUDICE, 11/16/2016. Other
Defendant: WEST, ALTON B Disposed: DISMISSED - SETTLED, 04/24/2017. Dismissed- Settled
Defendant: WEST, MARY C Disposed: DISMISSED - SETTLED, 04/24/2017. Dismissed- Settled
Issue # 3. Issue: FRAUD/INTENTIONAL MISREPRESENTATIVE/DECEIT (FRAUD)
Filed By: MILKS, WILLIAM C III
Filed Date: 06/28/2013
Party Name Disposition Information
Defendant: WEST, ALTON B Disposed: DISMISSED - SETTLED, 04/24/2017. Dismissed- Settled
Defendant: WEST, MARY C Disposed: DISMISSED - SETTLED, 04/24/2017. Dismissed- Settled
Issue # 4. Issue: COUNTERCLAIM - BREACH OF INDEMNITY CONTRACT (CONTRACT)
Filed By: WEST, ALTON B
Filed Date: 12/13/2010
Party Name Disposition Information
Plaintiff: MILKS, WILLIAM C III Disposed: DISMISSED, 04/05/2016. Other
Issue # 5. Issue: COUNTER CLAIM #1 BREACH OF CONTRACT (CONTRACT)
Filed By: WEST, MARY C
Filed Date: 12/17/2010
Party Name Disposition Information
Plaintiff: MILKS, WILLIAM C III Disposed: DISMISSED, 04/05/2016. Other
Issue # 6. Issue: COUNTERCLAIM #2 MALICIOUS WRONG/PRIMA FACIE TORT (OTHER)
Filed By: WEST, MARY C
Filed Date: 12/17/2010
Party Name Disposition Information
Plaintiff: MILKS, WILLIAM C III Disposed: DISMISSED, 04/05/2016. Other
Issue # 7. Issue: COUNTERCLAIM #3 DAMAGES (DAMAGE)
Filed By: WEST, MARY C
Filed Date: 12/17/2010
Party Name Disposition Information
Plaintiff: MILKS, WILLIAM C III Disposed: DISMISSED, 04/05/2016. Other
Docket
Date Code Description Count Party Amount
10-29-2010 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
10-29-2010 CONTRACT

BREACH OF AGREEMENT - CONTRACT

10-29-2010 DMFE

DISPUTE MEDIATION FEE
$ 2.00
10-29-2010 PFE1

PETITION

Document Available at Court Clerk's Office
$ 163.00
10-29-2010 PFE7

LAW LIBRARY FEE
$ 6.00
10-29-2010 OCISR

OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND
$ 25.00
10-29-2010 LTF

LENGTHY TRIAL FUND
$ 10.00
10-29-2010 SMF

SUMMONS FEE (CLERKS FEE)-4
$ 20.00
10-29-2010 SMIMA

SUMMONS ISSUED - MAILED BY ATTORNEY-4

10-29-2010 EAA

ENTRY OF APPEARANCE /// CHRISTOPHER L CARTER ENTERS AS COUNSEL / COVERSHEET ATTACHED // CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
MILKS, WILLIAM C III
10-29-2010 TEXT

OCIS HAS AUTOMATICALLY ASSIGNED JUDGE THORNBRUGH, P. THOMAS TO THIS CASE.

10-29-2010 ACCOUNT

RECEIPT # 2010-2003986 ON 10/29/2010.
PAYOR:HALL ESTILL TOTAL AMOUNT PAID: $226.00.
LINE ITEMS:
CJ-2010-6970: $183.00 ON AC01 CLERK FEES.
CJ-2010-6970: $6.00 ON AC23 LAW LIBRARY FEE.
CJ-2010-6970: $2.00 ON AC64 DISPUTE MEDIATION FEES.
CJ-2010-6970: $25.00 ON AC79 OCIS REVOLVING FUND.
CJ-2010-6970: $10.00 ON AC81 LENGTHY TRIAL FUND.

12-13-2010 AC/C

ANSWER AND COUNTER CLAIM // CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
WEST, ALTON B
12-13-2010 EAA

ENTRY OF APPEARANCE // JOSEPH W. HARRIS ENTERS AS COUNSEL // CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
WEST, ALTON B
12-17-2010 A

MARY C. WEST'S ANSWER, DEFENSES AND COUNTERCLAIMS// CERTIFICATE OF SERVICE

Document Available at Court Clerk's Office
WEST, MARY C
12-17-2010 EAA

ENTRY OF APPEARANCE BY COUNSEL AND CONDITIONAL CONSENT TO SERVICE BY ELECTRONIC MEANS// R. JACK FREEMAN ENTERS AS COUNSEL// COVER SHEET// CERTIFICATE OF SERVICE

Document Available at Court Clerk's Office
WEST, MARY C
01-04-2011 EAA

ENTRY OF APPEARANCE // CHACE W. DALEY ENTERS AS COUNSEL // CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
MILKS, WILLIAM C III
01-04-2011 R

REPLY TO COUNTERCLAIM OF ALTON B. WEST, III // CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
MILKS, WILLIAM C III
01-07-2011 R

REPLY TO COUNTERCLAIMS OF MARY C WEST// A2J// CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
MILKS, WILLIAM C III
01-18-2011 CTFREE

THORNBRUGH, P. THOMAS: ORDER GRANTING LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF ENTERED.

01-18-2011 MO

UNOPPOSED MOTION TO WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFF BY ATTY CHACE W DALEY / A TO J

Document Available at Court Clerk's Office

01-18-2011 O

ORDER GRANTING LEAVE TO WITHDRAW AS COUNSEL FOR PLTF(CHRISTOPHER L CARTER)

Document Available at Court Clerk's Office

04-25-2011 S

PARTY HAS BEEN SUCCESSFULLY SERVED. SUMMONS WAS SERVED ON ERICKSON INSPECTIONS LLC // CORPORATE SERVICE BY SERVING JOHN W ERICKSON ON 4-22-11 BY PROCESS SERVER

Document Available at Court Clerk's Office
ERICKSON INSPECTIONS LLC
04-26-2011 S

PARTY HAS BEEN SUCCESSFULLY SERVED. SUMMONS WAS SERVED ON TOBY HORN EXTERMINATING (THE 1) // CORPORATE SERVICE BY SERVING TOBY HORN ON 4-24-11 BY PROCESS SERVER

Document Available at Court Clerk's Office
TOBY HORN EXTERMINATING LLC
05-06-2011 EAA

QUALIFIED ENTRY OF APPERANCE AND REQUEST FOR ENLARGEMENT OF TIME IN WHICH TO FURTHER ANSWER OR PLEAD.. DOUGLAS L BOYD ENTERS AS COUNSEL// COVER SHEET// CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
TOBY HORN EXTERMINATING LLC
05-12-2011 EAA

ENTRY OF APPEARANCE (PATRICK KERNAN & KRIS TED LEDFORD ENTER AS COUNSEL - COVERSHEET ATTACHED) / CERTIFICATE OF SERVICE

Document Available at Court Clerk's Office
ERICKSON INSPECTIONS LLC
05-31-2011 A

ANSWER OF TOBY HORN EXTERMINATING (THE 1) LCC / CERTIFICATE OF MAILING

Document Available at Court Clerk's Office
TOBY HORN EXTERMINATING LLC
06-01-2011 A

ANSWER OF DEFT ERICKSON INSPECTIONS LLC TO THE PETITION OF WILLIAM C MILKS III FILED ON 10-29-10 / CERTIFICATE OF SERVICE

Document Available at Court Clerk's Office
ERICKSON INSPECTIONS LLC
06-29-2011 EAA

ENTRY OF APPEARANCE AS ADDITIONAL ATTORNEY OF RECORD FOR DEFENDANT ERICKSON INSPECTIONS, LLC // W-CS // CERTIFICATE OF MAILING // MARK A SMILING ENTERS AS COUNSEL

Document Available at Court Clerk's Office
ERICKSON INSPECTIONS LLC
09-02-2011 MOSJ

DEFENDANT ERICKSON INSPECITIONS LLC MOTION FOR PARTIAL SUMMARY ADJUDICATION (A2J)

Document Available at Court Clerk's Office
$ 50.00
09-02-2011 ACCOUNT

RECEIPT # 2011-2194679 ON 09/02/2011.
PAYOR:MARK A SMILING TOTAL AMOUNT PAID: $50.00.
LINE ITEMS:
CJ-2010-6970: $50.00 ON AC01 CLERK FEES.

09-20-2011 TEXT

PLAINTIFF'S OPPOSITION TO DEFENDANT ERICKSON INSPECTIONS, LLC'S MOTION FOR PARTIAL SUMMARY ADJUDICATION (A-J)

Document Available at Court Clerk's Office

09-29-2011 APLI

APPLICATION FOR LEAVE TO FILE A REPLY BRIEF (A/J)

Document Available at Court Clerk's Office
ERICKSON INSPECTIONS LLC
10-03-2011 CTFREE

KUEHN, DANA: ORDER ENTERED GRANTING PERMISSION TO FILE REPLY BRIEF. THE DEFENDANT'S REPLY SHALL BE FILED BY THE 17TH DAY OF OCTOBER 2011.

10-03-2011 O

ORDER GRANTING PERMISSIOIN TO FILE REPLY BRIEF / SEE ABOVE ENTRY

Document Available at Court Clerk's Office

10-05-2011 LT

LETTER / TO COUNSELORS : CHANCE DALEY, PATRICK KERNAN AND MARK SMILING

Document Available at Court Clerk's Office

10-11-2011 COPY

COPIES CHARGED
$ 1.00
10-11-2011 ACCOUNT

RECEIPT # 2011-2218592 ON 10/11/2011.
PAYOR:JOE HARRIS TOTAL AMOUNT PAID: $1.00.
LINE ITEMS:
CJ-2010-6970: $1.00 ON AC01 CLERK FEES.

10-17-2011 R

DEFT ERICKSON INSPECTIONS' REPLY TO PLTF'S OPPOSITION TO DEFT ERICKSONS' MOTION FOR PARTIAL SUMMARY ADJUDICATION (A/J)

Document Available at Court Clerk's Office
ERICKSON INSPECTIONS LLC
10-24-2011 CTFREE

KUEHN, DANA: LETTER FROM THE COURT. 'DUE TO JUDGE THORNBRUGH'S RECENT APPOINTMENT TO THE COURT OF CIVIL APPEALS, THE ABOVE-ENTITLED MATTER HAS BEEN ASSIGNED TO ME FOR INTERIM MANAGEMENT ONLY. I WILL BE CONSIDERING AND SIGNING OFF ON ONLY MATTERS INVOLVING SCHEDULING ORDERS, DISCOVERY ISSUES OR AGREED FINAL ORDERS. ALL OTHER MOTIONS PENDING IN THE ABOVE-ENTITLED CASE WILL BE HELD IN ABEYANCE UNTIL A NEW JUDGE IS ASSIGNED.' COPY OF LETTER MAILED TO CHACE DALEY, JOSEPH HARRIS, DOUGLAS BOYD, PATRICK KERNAN, R. JACK FREEMAN AND A. MARK SMILING.

10-24-2011 LT

LETTER FROM JUDGE DANA KUEHN OF 10-21-11 / REF: WILL BE CONSIDERING & SIGNING OFF ON ONLY MATTERS INVOLVING SCHEDULING ORDERS, DISCOVERY ISSUED OR AGREED FINAL ORDERS. ALL OTHER MOTIONS PENDING WILL BE HELD IN ABEYANCE UNTIL A NEW JUDGE IS ASSIGNED)

Document Available at Court Clerk's Office

03-13-2012 TEXT

ADMINISTRATIVELY REASSIGNED BY AOC MIS PER HELP DESK CONTACT HD154761

04-05-2012 MO

MOTION TO SUBSTITUTE COUNSEL OF RECORD FOR PLTF (BRANDON B RULE) / CERTIFICATE OF MAILING

Document Available (#1018228842) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
04-09-2012 CTFREE

BARCUS, MARK: ORDER ENTERED GRANTING MOTION TO SUBSTITUTE COUNSEL OF RECORD FOR PLAINTIFF. BRANDON B. RULE SHALL BE SUBSTITUTED AS ATTORNEY OF RECORD FOR THE PLAINTIFF WILLIAM C. MILKS, III.

04-10-2012 O

ORDER GRANTING MOTION TO SUBSTITUE COUNSEL OF RECORD FOR PLTF (BRANDON RULE SUBSTITUTED AS COUNSEL FOR PLTF)

Document Available (#1018229234) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
04-12-2012 NO

NOTICE OF CHANGE OF ADDRESS / C TO CV / CERTIFICATE OF MAILING

Document Available (#1018231044) Download document in TIFF format.TIFF Download document in PDF format.PDF
WEST, ALTON B
05-10-2012 CTFREE

BARCUS, MARK: ORDER ENTERED SETTING HEARING. DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS SET FOR HEARING ON 6-26-12 AT 9:45 A.M., ROOM 506.

05-11-2012 OSH

ORDER SETTING HEARING (6-26-12 AT 9:45 AM)

Document Available (#1018535299) Download document in TIFF format.TIFF Download document in PDF format.PDF

06-26-2012 CTFREE

BARCUS, MARK; CASE COMES ON FOR HEARING. BRANDON RULE APPEARS FOR PLAINTIFF; JOE HARRIS & MARK SMILING APPEAR FOR DEFENDANTS. MOTION FOR SUMMARY JUDGMENT OVERRULED. SCHEDULING ORDER TO BE SUBMITTED BY 7/6/12 AT 9:00 A.M. DEFENDANT MAY REURGE MOTION FOR SUMMARY JUDGMENT.

07-06-2012 SCHO

SCHEDULING ORDER (OF 7-06-12)

Document Available (#1018958230) Download document in TIFF format.TIFF Download document in PDF format.PDF

07-09-2012 EAA

ENTRY OF APPEARANCE AS SUBSTITUTE COUNSEL (JULIA D ALLEN ENTERS AS COUNSEL - COVERSHEET ATTACHED) / CERTIFICATE OF SERVICE

Document Available (#1018959818) Download document in TIFF format.TIFF Download document in PDF format.PDF

07-10-2012 CTFREE

BARCUS, MARK: SCHEDULING ORDER HELD. BRANDON RULE PRESENT FOR PLAINTIFF. MARK SMILING PRESENT AND JOE HARRIS PRESENT FOR DEFENDANT.DOUGLAS BOYD PRESENT FOR TOBY HORN EXTERMINATING. JACK FREEMAN PRESENT FOR MARY WEST. AGREED SCHEDULING ORDER ENTERED.

07-16-2012 EAA

ENTRY OF APPEARANCE AS CO-COUNSEL / BRIAN T ASPAN ENTERING AS CO- COUNSEL WITH JULIA D ALLEN , W-CS / CERTIFICATE OF SERVICE

Document Available (#1019041023) Download document in TIFF format.TIFF Download document in PDF format.PDF
WEST, ALTON B
09-04-2012 CTFREE

CHAPPELLE, CARLOS FOR JUDGE MARK BARCUS: ORDER ENTERED ALLOWING DEFENDANT AL WEST TO FILE BRIEF IN EXCESS OF PAGE LENGTH.

09-04-2012 MO

DEFENDANT ALTON WEST'S MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT / A TO J / CERTIFICATE OF MAILING

Document Available (#1019449572) Download document in TIFF format.TIFF Download document in PDF format.PDF
WEST, ALTON B
09-04-2012 APLI

DEFENDANT WEST'S APPLICATION TO EXCEED PAGE LENGTH (A-J)

Document Available (#1019449571) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
09-04-2012 O

ORDER ALLOWING DEFT AL WEST TO FILE BRIEF IN EXCESS OF PAGE LENGTH

Document Available (#1019449568) Download document in TIFF format.TIFF Download document in PDF format.PDF

09-24-2012 RESP

PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT ALTON WEST' MOTION FOR SUMMARY JUDGMENT / A TO J / CERTIFICATE OF MAILING

Document Available (#1019615405) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
09-26-2012 MO

MOTION TO WITHDRAW AS COUSEL FOR PLAINTIFF / (BRANDON B RULE) / A TO J / CERTIFICATE OF MAILING

Document Available (#1019615662) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
09-27-2012 CTFREE

BARCUS, MARK: ORDER ALLOWING REPLY BRIEF ENTERED.

09-27-2012 O

ORDER ALLOWING REPLY BRIEF

Document Available (#1019615897) Download document in TIFF format.TIFF Download document in PDF format.PDF

09-27-2012 APLI

DEFENDANT WEST'S APPLICATON TO FILE REPLY BRIEF / A TO J / CERTIFICATE OF MAILING

Document Available (#1019615986) Download document in TIFF format.TIFF Download document in PDF format.PDF
WEST, ALTON B
10-02-2012 CTFREE

BARCUS, MARK: ORDER ENTERED GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF. BRANDON B. RULE AND THE LAW FIRM OF HALL, ESTILL, HARDWICK, GABLE, GOLDEN & NELSON, P.C., IS HEREBY PERMITTED TO WITHDRAW AS COUNSEL OF RECORD FOR PLAINTIFF.

10-02-2012 O

ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF / AS TO BRANDON B RULE

Document Available (#1019683404) Download document in TIFF format.TIFF Download document in PDF format.PDF

10-05-2012 WL

PRELIMINARY LIST OF WITNESSES AND EXHIBITS OF DEFENDANT TOBY HORN EXTERMINATION (THE 1) LLC / CERTIFICATE OF MAILING

Document Available (#1019687292) Download document in TIFF format.TIFF Download document in PDF format.PDF
TOBY HORN EXTERMINATING LLC
10-05-2012 WL

DEFT ERICKSON INSPECTION LLC'S PRELMINARY WITNESS & EXHIBIT LIST / CERTIFICATE OF MAILING

Document Available (#1019759285) Download document in TIFF format.TIFF Download document in PDF format.PDF
ERICKSON INSPECTIONS LLC
10-11-2012 R

DEFENDANT ALTON WEST'S REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT / A TO J / CERTIFICATE OF MAILING

Document Available (#1019762833) Download document in TIFF format.TIFF Download document in PDF format.PDF
WEST, ALTON B
10-29-2012 EAA

ENTRY OF APPEARANCE (KURSTON P MCMURRAY & JEFFREY E NIESE ENTERS AS COUNSEL) / CERTIFICATE OF SERIVCE

Document Available (#1019940603) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
11-02-2012 APLI

APPLICATION TO SET MOTION FOR SUMMARY JUDGMENT FOR ORAL AGUMENT / A TO J / CERTIFICATE OF MAILING

Document Available (#1019942952) Download document in TIFF format.TIFF Download document in PDF format.PDF
WEST, ALTON B
11-16-2012 APLI

APPLICATION TO AMEND SCHEDULING ORDER / C TO J / CERTIFICATE OF SERVICE

Document Available (#1020102522) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
11-20-2012 CTFREE

BARCUS, MARK: AMENDED SCHEDUING ORDER ENTERED. (4)

11-27-2012 AM

AMENDED SCHEDULING ORDER / 11-20-12,

Document Available (#1020243609) Download document in TIFF format.TIFF Download document in PDF format.PDF

12-03-2012 CTFREE

BARCUS, MARK: ORDER SETTING HEARING ENTERED. DEFENDANT WEST'S MOTION FOR SUMMARY JUDGMENT IS SET FOR HEARING ON 1-3-13 AT 11:00 A.M., ROOM 506.

12-04-2012 OSH

ORDER SETTING HEARING / SEE ABOVE ENTRY

Document Available (#1020318099) Download document in TIFF format.TIFF Download document in PDF format.PDF

12-21-2012 MOC

PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND TO DEEM ADDMISSIONS ADMITTED AGAINST DEFENDANT ALTON B WEST / A TO J / CERTIFICATE OF MAILING

Document Available (#1020366118) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
01-02-2013 CNOTE

CASE NOTE - DUE TO COURT CONFLICT, THE 1-3-13 HEARING IS PASSED TO 1-10-13 AT 10:30 A.M., ROOM 506.

01-07-2013 RESP

DEFT ALTON WEST'S RESPONSE TO PLTF'S MOTION TO COMPEL (C/J)

Document Available (#1020492127) Download document in TIFF format.TIFF Download document in PDF format.PDF
WEST, ALTON B
01-10-2013 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
01-10-2013 CTFREE

BARCUS, MARK: HARING ON DEFENDANT ALTON WEST'S MOTION FOR SUMMARY JUDGMENT HELD. JEFF NIESE PRESENT FOR PLAINTIFF. BRIAN ASPAN AND JULIA ALLEN PRESENT FOR ALTON WEST, WHO IS ALSO PRESENT. GENTRY SMILING PRESENT FOR ERICKSON INSPECTIONS LLC. DEE DEE TANNER COURT REPORTER. MOTION FOR SUMMARY JUDGMENT OVERRULED. PLAINTIFF'S MOTION TO COMPEL IS PENDING AND WILL BE RESET UPON APPLICATION.

01-10-2013 ADJUST

ADJUSTING ENTRY: MONIES DUE TO AC09-CARD ALLOCATION
$ 0.50
01-10-2013 ACCOUNT

ADJUSTING ENTRY: MONIES DUE TO THE FOLLOWING AGENCIES REDUCED BY THE FOLLOWING AMOUNTS:
CJ-2010-6970: AC01 CLERK FEES -$0.50

01-10-2013 ACCOUNT

RECEIPT # 2013-2511752 ON 01/10/2013.
PAYOR:NIESE/JEFFREY E TOTAL AMOUNT PAID: $20.00.
LINE ITEMS:
CJ-2010-6970: $19.50 ON AC01 CLERK FEES.
CJ-2010-6970: $0.50 ON AC09 CARD ALLOCATIONS.

01-28-2013 EAA

ENTRY OF APPEARANCE / TIM D CAIIN ENTERING AND FRANCES J ARMSTRONG ENTERING AS COUNSEL / W-CS

Document Available (#1020632089) Download document in TIFF format.TIFF Download document in PDF format.PDF
TOBY HORN EXTERMINATING LLC
02-19-2013 TEXT

WITHDRAWAL OF ATTORNEY (DOUGLAS BOYD) / CERTIFICATE OF MAILING (A/J)

Document Available (#1020914902) Download document in TIFF format.TIFF Download document in PDF format.PDF
TOBY HORN EXTERMINATING LLC
02-21-2013 CTFREE

BARCUS, MARK: ORDER ENTERED ALLOWING WITHDRAWAL OF ATTORNEY. DOUGLAS L. BOYD IS ALLOWED TO WITHDRAW AS ATTORNEY OF RECORD FOR THE DEFENDANT, TOBY HORN EXTERMINATING (THE 1), L.L.C.

02-22-2013 MO

MOTION TO WITHDRAW AS COUNSEL OF RECORD FOR DEFENDANT ERICKSON INSPECTIONS LLC / C TO J / PATRICK H KERNAN AND DRIS TED LEDFORD / CERTIFICATE OF SERVICE

Document Available (#1020914176) Download document in TIFF format.TIFF Download document in PDF format.PDF
ERICKSON INSPECTIONS LLC
02-28-2013 CTFREE

BARCUS, MARK: ORDER ENTERED GRANTING MOTION TO WITHDRAW AS COUNSEL.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT PATRICK H. KERNAN AND KRIS TED LEDFORD ARE HEREBY ALLOWED TO WITHDRAW AS ATTORNEYS OF RECORD FOR DEFENDANT, ERICKSON INSPECTIONS, LLC.

02-28-2013 O

ORDER GRANTING UNOPPOSED MOTION TO WITHDRAW AS COUNSEL / PATRICK H KERMAN AND KRIS TED LEDFORD

Document Available (#1020905302) Download document in TIFF format.TIFF Download document in PDF format.PDF

03-05-2013 O

ORDER ALLOWING WITHDRAWAL OF ATTORNEY(DOUGLAS L BOYD)

Document Available (#1020907325) Download document in TIFF format.TIFF Download document in PDF format.PDF

03-20-2013 APLI

APPLICATION TO WITHDRAW AS ATTORNEY OF RECORD (KIRSTON P MCMURRAY) / CERTIFICATE OF SERVICE

Document Available (#1021262162) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
03-20-2013 APLI

UNOPPOSED APPLICATION TO AMEND SCHEDULING ORDER DATES (A/J)

Document Available (#1021262182) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
03-21-2013 CTFREE

BARCUS, MARK: SECOND AMENDED SCHEDULING ORDER ENTERED.
(4)

03-25-2013 SCHO

SECOND AMENDED SCHEDULING ORDER

Document Available (#1021266931) Download document in TIFF format.TIFF Download document in PDF format.PDF

04-04-2013 NO

JOINT NOTICE OF DEPOSITON (OF WILLIAM C MILKS III) / CERTIFICATE OF SERVICE

Document Available (#1021276193) Download document in TIFF format.TIFF Download document in PDF format.PDF
WEST, ALTON B
04-18-2013 MO

PLAINTIFF'S MOTION FOR PROTECTIVE ORDER / A TO J/ CERTIFICATE OF SERVICE

Document Available (#1021486436) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
04-18-2013 CTFREE

BARCUS, MARK: ORDER ENTERED ALLOWING WITHDRAWAL. KURSTON P. MCMURRAY IS GRANTED LEAVE TO WITHDRAW AS ATTORNEY OF RECORD FOR PLAINTIFF, WILLIAM C. MILKS, III.

04-26-2013 APLI

JONIT APPLICATION TO AMEND SCHEDULING ORDER DATE (A/J)

Document Available (#1021494499) Download document in TIFF format.TIFF Download document in PDF format.PDF

04-29-2013 CTFREE

BARCUS, MARK: ORDER ENTERED GRANTING JOINT APPLICATION TO AMEND SCHEDULING ORDER DATE.

04-29-2013 CTFREE

BARCUS, MARK: THIRD AMENDED SCHEDULING ORDER ENTERED.
PRETRIAL CONFERENCE TO BE SET UPON APPLICATION.
(4)

04-29-2013 SCHO

THIRD AMENDED SCHEDULING ORDER (4-29-13)

Document Available (#1021634842) Download document in TIFF format.TIFF Download document in PDF format.PDF

04-29-2013 O

ORDER GRANTING JOINT APPLICATION TO AMEND SCHEDULING ORDER

Document Available (#1021634838) Download document in TIFF format.TIFF Download document in PDF format.PDF

05-01-2013 O

ORDER ALLOWING WITHDRAWAL / KURSTON P MCMURRAY

Document Available (#1021636636) Download document in TIFF format.TIFF Download document in PDF format.PDF

05-02-2013 NO

JOINT NOTICE OF DEPOSITION DUCES TECUM / CERTIFICATE OF SERVICE,

Document Available (#1021636860) Download document in TIFF format.TIFF Download document in PDF format.PDF

05-07-2013 CNOTE

CASE NOTE - PER PHONE CALL WITH JEFF NIESE, PLAINTIFF'S MOTION FOR PROTECTIVE ORDER FILED APRIL 18, 2013 IS MOOT.

06-28-2013 AMP

FIRST AMENDED PETITION / C TOY / CERTIFICATE OF SERVICE

Document Available (#1022244970) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
07-03-2013 APLI

JOINT APPLICATION TO ALLOW SUBSTITUTION & WITHDRAWL OF COUNSEL FOR MARY C WEST (C/J)

Document Available (#1022339271) Download document in TIFF format.TIFF Download document in PDF format.PDF

07-08-2013 MO

DEFENDANTS WESTS' MOTION TO STRIKE AMENDED PEITITION / A TO J

Document Available (#1022343491) Download document in TIFF format.TIFF Download document in PDF format.PDF

07-09-2013 CTFREE

BARCUS, MARK: ORDER ENTERED ALLOWING WITHDRAWAL AND SUBSTITUTION OF COUNSEL OF RECORD FOR MARY C. WEST. IT IS ORDERED THAT R. JACK FREEMAN, AND GRAHAM & FREEMAN, P.L.L.C., ARE HEREBY ALLOWED TO WITHDRAW AS ATTORNEYS OF RECORD FOR THE DEFENDANT, MARY C. WEST, AND THAT JULIA D. ALLEN, OF ALLEN LAW OFFICE, IS HEREBY SUBSTITUTED AS COUNSEL OF RECORD FOR MS. WEST.

07-10-2013 MO

DEFENDANT TOBY HORN EXTERMINATING (THE 1) LLC'S MOTION TO STRIKE PLAINTIFF'S FIRST AMENDED PETITION AND BRIEF IN SUPPORT / A TO J / CERTIFICATE OF SERVICE

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TOBY HORN EXTERMINATING LLC
07-10-2013 O

ORDER ALLOWING WITHDRAWAL AND SUBSTITUTION OF COUNSEL OF RECORD FOR MARY C WEST / CERTIFICATE OF SERVICE

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MILKS, WILLIAM C III
07-19-2013 MO

JOINT MOTIN TO AMEND SCHEDULING ORDER DATES / A TO J/ CERTIFICATE OF SERVICE

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07-19-2013 TEXT

SUBPOENA DUCES TECUM / TO: CUSTODIAM OF RECORDS , FRED AYER AND OKLAHOM RESIDENTIAL & COMMERCIAL INSPECTION ASSOC / CERTIFICATE OF MAILING

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ERICKSON INSPECTIONS LLC
07-19-2013 NO

NOTICE OF DOCUMENT SUBPOENAS / TO: WILLIAM MILKS III / CERTIFICATE OF MAILING

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ERICKSON INSPECTIONS LLC
07-19-2013 MO

DEFENDANT ERICKSON'S MOTION TO STRIKE PLAINTIFF'S FIRST AMENDED PETITION / CERTIFICATE OF MAILING

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ERICKSON INSPECTIONS LLC
07-22-2013 RESP

PLAINTIFF'S COMBINED RESPONSE TO DEFENDANTS' MOTIONS TO STRIKE AND MOTION TO ALLOW PLAINTIFF'S AMENDED PETITION / A TO J / CERTIFICATE OF SERVICE

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MILKS, WILLIAM C III
07-29-2013 MO

DEFENDANTS WESTS' MOTION FOR SANCTIONS AGAINST PLAINTIFF PURSURANT TO 20 O S (RULE 11) / C TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
07-31-2013 OFRJ

OFFER TO CONFESS JUDGMENT / CERTIFICATE OF MAILING

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ERICKSON INSPECTIONS LLC
08-01-2013 CTFREE

BARCUS, MARK: NOTICE OF HEARING ENTERED.
STATUS CONFERENCE, SCHEDULING CONFERENCE AND DEFENDANT'S MOTION TO STRIKE IS SET FOR HEARING ON 9-9-13 AT 9:30 A.M., ROOM 506.
COPY OF NOTICE MAILED TO JEFFREY NIESE, FRANCES ARMSTRONG, JULIA ALLEN AND MARK SMILING.

08-01-2013 RESP

PLAINTIFF'S RESPONSE TO DEFENDANT ERICKSON INSPECTIONS LLC'S MOTION TO STRIKE / A TO J / CERTIFICATE OF SERVICE

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MILKS, WILLIAM C III
08-02-2013 MOSJ

MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT OF DEFENDANT TOBY HORN EXTERMINATING (THE1) LLC // CERT OF MAILING (A/J)

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$ 50.00
08-02-2013 MO

MOTION OF DEFT TOBY HORN EXTERMINATING (THE 1) LLC TO EXCLUDE REPORT, OPINIONS & ANTIFICAPATED TESTIMONY OF FED AYERS & BRIEF IN SUPPORT (A/J)

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TOBY HORN EXTERMINATING LLC
08-02-2013 ACCOUNT

RECEIPT # 2013-2655295 ON 08/02/2013.
PAYOR:WILSON CAIN & ACQUAVIVA TOTAL AMOUNT PAID: $50.00.
LINE ITEMS:
CJ-2010-6970: $50.00 ON AC01 CLERK FEES.

08-05-2013 NOH

NOTICE OF HEARING / STATUS CONFERENCE, SCHEDULING CENFERENCE AND DEFENDANT'S MOTION TO STRIKE / ON 9-9-13 / @9:30 AM IN ROOM 506

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08-05-2013 MOSJ

DEFENDANTS WEST'S RENEWED MOTION FOR SUMMARY JUDGMENT (A2J)

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$ 50.00
08-05-2013 TEXT

DEFENDANTS WEST'S JOINDER IN MOTION TO EXCLUDE AYERS TESTIMONY AND REPORT / A TO J

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08-05-2013 OBJ

DEFENDANTS WEST'S OBJECTION TO PLAINTIFF'S REQUEST FOR FIFTH SCHEDULING ORDER AND MOTION FOR DISCOVERY SANCTIONS / A TO J

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08-05-2013 ACCOUNT

RECEIPT # 2013-2656911 ON 08/05/2013.
PAYOR:JULIA ALLEN OBA#16305 TOTAL AMOUNT PAID: $50.00.
LINE ITEMS:
CJ-2010-6970: $50.00 ON AC01 CLERK FEES.

08-07-2013 MOSJ

DEFT ERICKSONS MOTION FOR THE COURT TO RULE ON ITS MOTION FOR SUMMARY JUDGMENT

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$ 50.00
08-07-2013 ACCOUNT

RECEIPT # 2013-2658766 ON 08/07/2013.
PAYOR:A MARK SMILING TOTAL AMOUNT PAID: $50.00.
LINE ITEMS:
CJ-2010-6970: $50.00 ON AC01 CLERK FEES.

08-08-2013 NO

NOTICE OF CHANGE OF ADDRESS / C TO CV / FOR JEFFREY E NIESE

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MILKS, WILLIAM C III
08-08-2013 MO

MOTION TO WITHDRAW / A TO J /JEFFREY E NIESE / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
08-12-2013 RESP

PLAINTIFF'S RESPONE TO DEFENDANTS' MOTION FOR SANCTIONS / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
08-15-2013 APLI

APPLICATION OF DEFT OBY HORN EXTERMINATING (THE 1) LLC TO FILE REPLY TO CO-DEFT WESTS' OBJECTION TO PLTF'S REQUEST FOR FIFTH [SIX] SCHEDULING ORDER (A/J)

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TOBY HORN EXTERMINATING LLC
08-16-2013 CTFREE

BARCUS, MARK: ORDER ALLOWING DEFENDANT TOBY HORN EXTERMINATING TO FILE REPLY BRIEF REGARDING AMENDED SCHEDULING ORDER ENTERED.

08-16-2013 O

ORDER ALLOWING DEFENDANT TOBY HORN EXTERMINATING TO FILE REPLY BRIEF REGARDING AMENDED SCHEDULING ORDER

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08-19-2013 RESP

PLTF'S RESPONSE TO DEFT TOBY HORN EXTERMINATING (THE 1)'S MOTION TO EXCLUDE THE EXPERT TESTIMONY OF FRED AYERS & BRIEF IN SUPPORT (A/J)

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MILKS, WILLIAM C III
08-22-2013 NO

NOTICE OF DEFENDANT TOBY HORN EXTERMINATING (THE 1) LLC OF WITHDRAWAL OF MOTIONS AND HEARING PARTICIPATION / A TO J / CERTIFICATE OF MAILING

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TOBY HORN EXTERMINATING LLC
08-23-2013 RESP

PLAINTIFF'S RESPONSE TO DEFENDANTS ALTON WEST'S AND MARRY WEST'S RENEWED MOTION FOR SUMMARY JUDGEMENT / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
08-23-2013 RESP

PLAINTIFF'S RESPONSE TO DEFENDANTS' WESTS' MOTION FOR DISCOVERY SANCTIONS / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
08-26-2013 MOSJ

PLTFS RESPONSE TO DEFT ERICKSONS MOTION FOR THE COURT TO RULE ON ERICKSONS SUMMARY JUDGMENT AND CROSS MOTION FOR SUMMARY JUDGMENT IN FAVOR OF PLTF

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$ 50.00
08-26-2013 ACCOUNT

RECEIPT # 2013-2671321 ON 08/26/2013.
PAYOR:JEFF NIESE TOTAL AMOUNT PAID: $50.00.
LINE ITEMS:
CJ-2010-6970: $50.00 ON AC01 CLERK FEES.

09-04-2013 CNOTE

CASE NOTE - COURT IS IN RECEIPT OF LETTER FROM THE LAW OFFICE OF WILSON, CAIN & ACQUAVIVA STATING THAT THE DEFENDANT TOBY HORN EXTERMINATING IS WITHDRAWING MOTIONS AND HEARING SET FOR 9-9-13.

09-09-2013 CTFREE

BARCUS, MARK: STATUS CONFERENCE HELD.
JEFF NIESE PRESENT FOR PLAINTIFF.
JULIA ALLEN AND BRIAN ASPAN PRESENT FOR DEFENDANT.
STEPHEN WANGSGARD PRESENT FOR DEFENDANT, ERICKSON INSPECTIONS.
MOTION TO AMEND SCHEDULING ORDER DENIED.
MOTION TO STRIKE AMENDED PETITION SUSTAINED.
MOTION FOR DISCOVERY SANCTIONS MOOT.
RULE 11 MOTION IS TAKEN UNDER ADVISEMENT.
MOTION FOR SUMMARY JUDGMENTS; PLAINTIFF TO FILE ANY UPDATED RESPONSES WITHIN 20 DAYS, DEFENDANT ALLOWED 15 DAYS TO REPLY.

09-13-2013 R

DEFENDANT ERICKSON INSPECTION LLC'S REPLY TO PLAINTIFF'S RESPONSE TO DEFENDANT'S RE-URGING FOR PARTIAL SUMMARY ADJUDICATION AND RESPONSE TO PLAINTIFF'S CROS-MOTION FOR SUMMARY JUDGMENT / A TO J / CERTIFICATE OF MAILING

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ERICKSON INSPECTIONS LLC
09-30-2013 RESP

PLAINTIFF'S SUPPLEMENTAL RESPONSE TO DEFENDANT ERICKSON INSPECTIONS LLC'S PARTIAL MOTION FOR SUMMARY JUDGMENT / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
09-30-2013 RESP

PLAINTIFF'S SUPPLEMENTAL RESPONSE TO DEFENDANTS ALTON B WEST'S AND MARY C WEST'S RENEWED MOTION FOR SUMMARY JUDGMENT / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
10-01-2013 APLI

APPLICATION FOR LEAVE TO FILE REPLY BRIEF / A2J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
10-03-2013 R

DEFT ERICKSON INSPECTION LLC'S SUPPLEMENTAL REPLY TO PLTF'S SUPPLEMENTAL ESONSE TO DEFT'S RE-URGING FOR PARTIAL SUMMARY ADJUDICATION & REPLY TO PLTF'S CROSS-MOTION FOR SUMMARY JUDGMENT (A/J)

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ERICKSON INSPECTIONS LLC
10-14-2013 APLI

DEFENDANT WEST'S APPLICATION FOR EXTENSION TO FILE BRIEF / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
10-15-2013 CTFREE

BARCUS, MARK: ORDER ENTERED ALLOWING ONE WEEK EXTENSION OF TIME FOR FILING OF BRIEF.

10-21-2013 DWP

DISMISSAL WITH PREJUDICE BY PLF AGAINST DEF TOBY HORN EXTERMINATING (THE1) LLC

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TOBY HORN EXTERMINATING LLC
10-21-2013 DISPCVDMWP

DISMISSAL WITH PREJUDICE
2 TOBY HORN EXTERMINATING LLC
10-21-2013 R

DEFTS WESTS' REPLY IN SUPPORT OF RENEWED MOTION FOR SUMMARY JUDGMENT (A/J)

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WEST, ALTON B
10-25-2013 CTFREE

BARCUS, MARK: ORDER ENTERED GRANTING PLAINTIFF LEAVE TO FILE REPLY.

10-31-2013 O

ORDER GRANTING PLTF LEAVE TO FILRE REPLY

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11-06-2013 R

PLAINTIFF WILLIAM C MILKS 111'S REPLY IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST ERICKSON INSPECTIONS LLC / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
11-15-2013 NO

NOTICE OF CHANGE OF ADDRESS ( JEFFREY E NIESE, ATTY FOR WILLIAM C MILKS, III)

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01-15-2014 CNOTE

CASE NOTE - ORDER ALLOWING ONE WEEK EXTENSION OF TIME FOR FILING OF BRIEF SIGNED BY COURT ON 10-15-13 WAS NOT PICKED UP BY COUNSEL.
FILED BY COURT CLERK; NO COPIES MAILED TO COUNSEL.

01-15-2014 O

ORDER ALLOWING ONE WEEK EXTENSION OF TIME FOR FILING OF BRIEF / SEE ABOVE ENTRY /

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05-12-2014 APLI

DEFENDANT'S JOINT APPLICATION FOR ORAL ARGUMENT / A TO J / CERTIFICATE OF MAILING

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ERICKSON INSPECTIONS LLC
07-25-2014 LT

LETTER/ FROM JUDGE DANA KUEHN / TO ALL ATTORNEYS INVOLVED IN THIS CASE /

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11-02-2014 TEXT

ADMINISTRATIVELY REASSIGNED BY AOC MIS PER HELP DESK CONTACT HD36523

12-04-2014 CTFREE

MORRISSEY, LINDA G: MOTIONS FOR SUMMARY JUDGMENT ARE SET FOR HEARING ON TUESDAY, JANUARY 6, 2015, AT 3:30 PM, ROOM 601.

NOTICE MAILED TO: MARK SMILING; JEFFREY NIESE; TIM CAIN; JULIA ALLEN; ROBERT N LAWRENCE

12-04-2014 NOH

NOTICE OF HEARING/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING

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12-09-2014 CNOTE

CASE NOTE: ROBERT LAWRENCE IS NOT AN ATTORNEY IN THIS CASE

12-16-2014 CTFREE

MORRISSEY, LINDA G: ORDER ENTERED GRANTING JEFFREY NIESE'S MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF

12-17-2014 CTFREE

MORRISSEY, LINDA G: DEFENDANTS WESTS' MOTION FOR SANCTIONS AGAINST PLAINTIFF PURSUANT TO 20 O.S. 2011 (RULE 11) IS DENIED; PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND TO DEEM ADMISSIONS ADMITTED AGAINST DEFENDANT ALTON B. WEST IS DENIED;
DEFENDANT ERICKSON INSPECTIONS, LLC'S MOTION FOR PARTIAL SUMMARY ADJUDICATION FILED 9-2-11 IS DENIED; DEFENDANT ERICKSONS MOTION FOR THE COURT TO RULE ON ITS MOTION FOR SUMMARY JUDGMENT FILED 8-7-13 IS MOOT; PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF FILED 8-26-13 IS DENIED; DEFENDANT WEST'S RENEWED MOTION FOR SUMMARY JUDGMENT FILED 8-5-13 IS DENIED. (SEE INSTRUMENT)

HEARING SET 1/6/15 IS STRICKEN AS MOOT.

COPY OF THE MINUTE MAILED TO; HEARING SET JANUARY 6, 2014, IS STRICKEN AS MOOT.

COPY OF THIS MINUTE WAS MAILED TO: A. MARK SMILING; JEFFREY NIESE; TIM CAIN; JULIA ALLEN

12-17-2014 O

ORDER AFD OF MAILING

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01-20-2015 O

ORDER ALLOWING WITHDRAW / JEFFREY E NIESE

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02-19-2015 CTFREE

MORRISSEY, LINDA G: CASE IS SET FOR STATUS CONFERENCE ON 3/12/15 AT 3:30 PM, ROOM 601. COUNSEL OR PARTIES WITHOUT COUNSEL SHOULD APPEAR OR DISPOSITION MAY BE MADE IN THEIR ABSENCE.

NOTICE MAILED TO: WILLIAM MILKS; MARK SMILING; TIM CAIN; JULIA ALLEN; ROBERT LAWRENCE

02-19-2015 NOH

NOTICE OF HEARING/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING

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03-11-2015 EAA

ENTRY OF APPEARANCE/ JAMES A MCAULIFF AND MATTHEW D SCHELTZ ENTERING AS COUNSEL / W-CS

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MILKS, WILLIAM C III
03-12-2015 CTFREE

MORRISSEY, LINDA G: STATUS CONFERENCE HELD; TONY MCAULIFFE APPEARED FOR PLAINTIFF; JULIA ALLEN APPEARED FOR DEFENDANTS ALTON B WEST AND MARY C WEST; MARK SMILING APPEARED FOR ERICKSON INSPECTIONS; PARTIES TO ADVISE COURT WITHIN TEN (10) DAYS WHETHER THEY WILL PARTICIPATE IN BINDING ARBITRATION; DEFENDANTS ALLOWED TO TAKE PLAINTIFF'S EXPERT AND IF DEFENDANTS PRESENT EXPERT THEN PLAINTIFF WILL BE ALLOWED TO DEPOSE THAT EXPERT. DEFENDANTS WESTS' MOTION FOR SANCTIONS IS WITHDRAWN; PRETRIAL CONFERENCE SET 9/10/15 AT 9:00 AM

05-26-2015 APLI

APPLICATION TO WITHDRAW AS ATTORNEY OF RECORD / A TO J / JAMES A MCAULIFF AND MATTHW D SCHULTZ /CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
05-27-2015 CTFREE

MORRISSEY, LINDA G: ORDER ENTERED GRANTING APPLICATION TO WITHDRAW AS ATTORNEY OF RECORD / JAMES A MCAULIFF AND MATTHEW SCHULTZ

06-15-2015 O

ORDER ALLOWING WITHDRAWAL / JAMES A MC AULIFF AND MATTHEW D SCHULTZ / CERTIFICATE OF MAILING

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07-22-2015 EAA

ENTRY OF APPEARANCE / W BRANT WARRICK ENTERING AS COUNSEL / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
07-22-2015 EAA

ENTRY OF APPEARANCE/ KELLY F MONAGHAN ENTERING AS COUNSEL / W-CS / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
08-07-2015 MO

MOTION TO RESCHEDULE PRETRIAL CONFERENCE AND FOR LEAVE TO TAKE DEPOSITIONS

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08-18-2015 RESP

DEFENDANT'S RESPONSE TO PLAINTIFF'S MOLTION TO RESCHEDULE PRETRIAL CONFERENCE AND FOR LEAVE TO TAKE DEPOSITIONS / A TO J / CERTIFICATE OF MAILING

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ERICKSON INSPECTIONS LLC
08-21-2015 OBJ

DEFENDANTS' OBJECTION TO MOTION TO RESCHEDULE PRETRIAL CONFERENCE AND FOR LEAVE TO SCHEDULE DEPOSITIONS (OBJECTION TO SIXTH SCHEDULING ORDER) / CERTIFICATE OF MAILING

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WEST, ALTON B
09-02-2015 CTFREE

MORRISSEY, LINDA G: PLAINTIFF'S MOTION TO RESCHEDULE PRETRIAL CONFERENCE AND FOR LEAVE TO TAKE DEPOSITIONS IS DENIED.

COPY OF THE MINUTE MAILED TO: KELLY MONAGHAN, BRANT WARRICK; JULIA ALLEN; A MARK SMILING

09-03-2015 O

ORDER/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING

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09-10-2015 CTFREE

MORRISSEY, LINDA G: HEARING HELD; BRANT WARRICK APPEARED FOR PLAINTIFF; DEFENDANT ALTON WEST APPEARED IN PERSON AND REPRESENTED BY JULIA ALLEN; MARK SMILING APPEARED FOR DEFENDANT ERICKSON INSPECTIONS; PLAINTIFF IS TO PROVIDE A LIST, STATING WITH SPECIFICITY, MATERIAL DEFECTS AND AN ITEMIZATION OF HIS DAMAGES WITHIN SEVEN (7) DAYS; COUNSEL FOR PLAINTIFF IS TO MEMORIALIZE AND FILE WITH THE COURT HIS COMPLIANCE WITH SAME; WITNESSES AND EXHIBITS IN THE CASE WILL BE BOUND BY WHAT WAS IN THE WITNESS AND EXHIBIT LIST OF 2-18-13; DEFENDANT WEST HAS TEN (10) DAYS TO FILE A MOTION TO LIMIT THE CLAIMS AVAILABLE TO PLAINTIFF AND PLAINTIFF HAS TEN (10) DAYS TO RESPOND; DEFENDANT ERICKSON WILL FILE A MOTION TO EXCLUDE OR A DAUBERT MOTION REGARDING PLAINTIFF'S EXPERT WITNESS; PARTIES ARE TO CONDUCT MEDIATION WITH JOE FARRIS BEFORE THE PRETRIAL CONFERENCE; PRETRIAL CONFERENCE CONTINUED TO 11-9-15 AT 2:30 PM, ROOM 513; CASE SET FOR JURY TRIAL 5-23-16 AT 10:00 AM (5 DAYS; 1ST UP); TRIAL STATUS CONFERENCE SET 5-5-16 AT 10:30 AM

09-17-2015 NO

PLAINTIFF'S NOTICE OF COMPLIANCE / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
09-18-2015 MEMO

MEMORANDUM TO COURT RE: PLAINTIFF'S EXCLUSIVE REMEDY IN THE RPCDA (RESIDENTIAL PROPERTY CONDITION DISCLOSURE ACT) / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
09-28-2015 OBJ

PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANTS WESTS' MEMORANDUM TO COURT RE" PLAINTIFF'S EXCLUSIVE REMEDY IS THE RPCDA (RESIDENTIAL PROPERTY CONDITION DISCLOSURE ACT ) A TO J / CERTIFICATE OF SERVICE

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MILKS, WILLIAM C III
10-16-2015 O

DEFENDANT ERICKSON INSPECTIONS LLC'S MOTION TO EXCLUDE EXPERT WITNESS AND EXPERT TESTIMONY CONCERNING PLAINTIFF FRO FRED DENT AYERS / A TO J / CERTIFICATE OF MAILING

Document Available (#1031273991) Download document in TIFF format.TIFF Download document in PDF format.PDF
ERICKSON INSPECTIONS LLC
10-20-2015 MO

DEFENDANTS WESTS' JOINDER IN ERICKSON'S MOTION TO EXCLUDE EXPERT WITNESS FRED AYERS / A2J

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WEST, ALTON B
11-02-2015 MO

PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTIONS TO EXCLUDE EXPERT WITNESS TESTIMONY OF FRED AYERS / CERTIFICATE OF SERVICE

Document Available (#1031418529) Download document in TIFF format.TIFF Download document in PDF format.PDF
MILKS, WILLIAM C III
11-02-2015 CTFREE

MORRISSEY, LINDA G: ORDER ENTERED GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTIONS TO EXCLUDE EXPERT WITNESS TESTIMONY OF FRED AYERS

11-03-2015 O

ORDER GRANTING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTIONS TO EXCLUDE EXPERT WITNESS TESTIMONY OF FRED AYERS /

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11-05-2015 OBJ

PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANT ERICKSON INSPECTIONS LLC'S MOTION TO EXCLUDE EXPERT WITNESS AND EXPERT TESTIMONY CONCERNING PLAINTIFF FORM FREED DENT AYERS AND DEFENDANTS WESTS' JOINDER/ A TO J / CERTIFICATE OF SERVICE

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MILKS, WILLIAM C III
11-09-2015 CTFREE

MORRISSEY, LINDA G: CASE COMES ON FOR PRETRIAL CONFERENCE; BRANT WARRICK APPEARED FOR PLAINTIFF; JULIA ALLEN AND MARK SMILING APPEARED FOR DEFENDANT; HEARING SET FOR 12-15-2015 AT 2:00 IN ROOM 513; DEFENDANT WILL PROVIDE BRIEF MATTER OF SPECIFIC DAMAGES REQUEST; PLAINTIFF WILL RESPOND WITHIN 15 DAYS

11-25-2015 B

BRIEF IN SUPPORT OF DEFENDANT WESTS' MOTION IN LIMINE RE: RPCDA

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WEST, ALTON B
12-10-2015 OBJ

PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANTS WESTS' BRIEF IN SUPPORT OF DEFENDANT WEST'S MOTION IN LIMINE RE: RPCDA / CERTIFICATE OF SERVICE

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MILKS, WILLIAM C III
12-15-2015 CTFREE

MORRISSEY, LINDA G; THE COURT FINDS THAT PLAINTIFF IS NOT LIMITED TO A REMEDY UNDER THE RESIDENTIAL PROPERTY CONDITION DISCLOSURE ACT. SEE COURT'S ORDER FILED HEREIN; COPY OF ORDER FAXED AND MAILED TO JULIA ALLEN, BRIAN ASPAN, KELLY F MONAGHAN, W BRANT WARRICK, A MARK SMILING, AND GENTRY M SMILING;

12-15-2015 CTFREE

MORRISSEY, LINDA G; THE COURT DENIES DEFENDANT ERICKSON INSPECTIONS' MOTION TO EXCLUDE EXPERT WITNESS. SEE COURT'S DECISION FILED SEPARATELY; COPY OF ORDER FAXED AND MAILED TO JULIA ALLEN, BRIAN ASPAN, KELLY F MONAGHAN, W BRANT WARRICK, A MARK SMILING, AND GENTRY M SMILING;


12-15-2015 O

ORDER/ SEE DOCUMENT / AFFIDAVIT OF MAILING

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12-15-2015 O

ORDER/ SEE DOCUMENT / AFFIDAVIT OF MAILING

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12-15-2015 CTFREE

MORRISSEY, LINDA G; HEARING PASSED FROM 12-15-2015 TO 1-19-2016 AT 11:30 AM ROOM 513; COPY OF NOTICE MAILED TO KELLY MONAGHAN, W BRANT WARRICK, JULIA ALLEN, BRIAN ASPAN, A MARK SMILING, GENTRY SMILING;

12-15-2015 CTFREE

MORRISSEY, LINDA G; AMENDED ORDER ENTERED; COPY OF ORDER MAILED TO JULIA ALLEN, BRIAN ASPAN, A MARK SMILING, GENTRY SMILING;

12-16-2015 CTFREE

MORRISSEY, LINDA G; NOTICE OF HEARING ENTERED;

12-16-2015 AM

AMENDED ORDER / AFFIDAVIT OF MAILING

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12-16-2015 NOH

NOTICE OF HEARING/ SET ON 1-19-16 @ 11:30 PM IN COURTROOM 513 / AFFIDAVIT OF MAILING

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12-21-2015 RET

RETURN/ OR ORDER / FOR BRIAN ASPAN / BY USPS / DONT DELIVERABLE

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01-11-2016 RET

RETURN/ OF AMENDED ORDER / FOR BRIAN ASPAN / BY USPS / NOT DELIVERABLE AS ADDRESSED

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01-19-2016 CTFREE

MORRISSEY, LINDA G; CASE COMES ON FOR PRETRIAL CONFERENCE; MARK SMILING PRESENT FOR DEFENDANT, JULIA ALLEN PRESENT FOR DEFENDANT; BRANT WARRICK PRESENT FOR PLAINTIFF; DEFENDANT'S MOTION TO EXCLUDE EXHIBITS WAS PRESENTED TO THE COURT; PARTIES ARE ORDERED TO CONDUCT DISCOVERY ISSUES BEFORE DISCOVERY MASTER, MARK WARMAN; PLAINTIFF'S CLAIMS, EVIDENCE, AND EXHIBITS WILL BE LIMITED TO THE 27 MATERIAL DEFECTS AND ITEMIZATION OF DAMAGES IF CLAIMS ARE CONSIDERED ADMISSABLE; PRETRIAL CONFERENCE IS SET FOR 3-10-2016 AT 1:30 PM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE;

ORDER ENTERED; COPIES MAILED TO JULIA ALLEN, BRIAN ASPAN, KELLY F MONAGHAN, BRANT WARRICK, A MARK SMILING, GENTRY SMILING;

01-19-2016 MO

DEFENDANTS' JOINT MOTION TO EXCLUDE EXHIBITS / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
01-20-2016 O

ORDER / AFFIDAVIT OF MAILING

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01-21-2016 CTFREE

MORRISSEY, LINDA G; ORDER ENTERED APPOINTING DISCOVERY MASTER - MARK WARMAN;

02-01-2016 CTFREE

MORRISSEY, LINDA G; THE PRETRIAL CONFERENCE SET FOR 3-10-2016 AT 1:30 HAS BEEN RESET FOR 3-21-2016 AT 3:00 PM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; ORDER AND NOTICE OF HEARING ENTERED; COPIES MAILED TO JULIA ALLEN, BRIAN ASPAN, KELLY MONAGHAN, W BRANT WARRICK, A MARK SMILING, AND GENTRY SMILING;

02-02-2016 O

ORDER APPOINTING DISCOVERY MASTER

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02-02-2016 O

ORDER & NOTICE OF HEARING / / PRETRIAL CONFERENCE RESET FOR 3-21-16 @ 3 PM IN COURT ROOM 513 / AFFIDAVIT OF MAILING

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02-03-2016 OBJ

PLAINTIFF'S OBJECTIONAND RESPONSE TO DEFENDANT'S JOIN MOTION TO EXCLUDE EXHIBITS / CERTIFICATE OF SERVICE

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WEST, MARY C
03-10-2016 RET

RETURN/ OF ORDER / FOR BRIAN ASPAN / BY USPS / ATTEMPTED NOT KNOWN

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03-21-2016 CTFREE

MORRISSEY, LINDA G; CASE COMES ON FOR PRETRIAL CONFERENCE; BRANT WARRICK PRESENT FOR PLAINTIFF; JULIA ALLEN PRESENT FOR DEFENDANT; MARK SMILING PRESENT FOR DEFENDANT; PRETRIAL CONFERENCE ORDER TO FILED NO LATER THAN 4-15-2016; MOTIONS IN LIMINE ARE DUE NO LATER THAN 4-21-2016 OR NO LATER THAN TWO (2) WEEKS BEFORE THE TRAIL STATUS CONFERENCE SET ON 5-5-2016 AT 10:30; THE PLAINTIFF'S ESHIBITS ARE TO BE DETERMINED BY THE DISCOVERY MASTER; MINUTE ORDER ENTERED; COPIES MAILED TO A MARK SMILING, KELLY MONAGHAN, W BRANT WARRICK, JULIA ALLEN, AND BRIAN ASPAN;

03-22-2016 O

ORDER/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING

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04-05-2016 DISM

DEFENDANTS' WESTS DISMISSAL OF COUNTERCLAIMS

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04-05-2016 DISPDNC

DISMISSAL
4 MILKS, WILLIAM C III
04-05-2016 DISPDNC

DISMISSAL
5 MILKS, WILLIAM C III
04-05-2016 DISPDNC

DISMISSAL
6 MILKS, WILLIAM C III
04-05-2016 DISPDNC

DISMISSAL
7 MILKS, WILLIAM C III
04-15-2016 MO

JOINT MOTION FOR EXTENSION OF TIME TO SUBMIT PRE-TRIAL ORDER

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04-18-2016 CTFREE

MORRISSEY, LINDA G; AGREED ORDER FOR EXTENSION OF TIME TO SUBMIT PRE-TRIAL ORDER ENTERED; THE TIME TO FILE THE PRE-TRIAL ORDER IS UNTIL FIVE (5) DAYS AFTER THE DISCOVERY MASTER HAS PRESENTED HIS FINAL RECOMMENDATIONS TO THE COURT; (((((ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING)))))

04-19-2016 O

AGREED ORDER FOR EXTENSION OF TIME TO SUBMIT PRE-TRIAL ORDER /

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04-20-2016 MOLIM

DEFENDANT ERICKSON INSPECTIONS LLC'S FIRST MOTION IN LIMINE AND BRIEF IN SUPPORT / A TO J / CERTIFICATE OF MAILING

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ERICKSON INSPECTIONS LLC
05-04-2016 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
05-04-2016 MO

PLAINTIFF'S MOTION TO RESCHEDULE TRIAL / A TO J / CERTIFICATE OF SERVICE

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MILKS, WILLIAM C III
05-04-2016 ACCOUNT

RECEIPT # 2016-3325383 ON 05/04/2016.
PAYOR:MONAGHAN & ASSOCIATES PC TOTAL AMOUNT PAID: $20.00.
LINE ITEMS:
CJ-2010-6970: $20.00 ON AC01 CLERK FEES.

05-05-2016 WL

PLAINTIFF'S SECOND SUUPPLEMENTATION OF NAMES OF WITNESSES / CERTIFICTE OF SERVICE

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MILKS, WILLIAM C III
05-05-2016 WL

PLAINTIFF'S SUPPLEMENTATION OF NAMES OF WITNESSES / CERTIFICATE OF SERVICE

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MILKS, WILLIAM C III
05-05-2016 CTFREE

MORRISSEY, LINDA G; CASE COMES ON FOR TRIAL STATUS CONFERENCE; BRANT WARRICK PRESENT FOR PLAINTIFF; MARK SMILING AND JULIA ALLEN PRESENT FOR DEFENDANTS; GARY WOODSON COURT REPORTER; THE COURT DENIES THE PLAINTIFF'S MOTION TO RESCHEDULE TRIAL FILED ON 5-4-2016; JURY INSTRUCTIONS ARE TO BE SUBMITTED TO THE COURT BY THE PARTIES 10 DAYS PRIOR TO THE DATE OF THE TRIAL OR NO LATER THAN 5-13-2016 BY EMAIL TO THE JUDGE'S BAILIFF; COURT ADVISED THE PARTIES REGARDING THE JURY SELECTION PROCESS AND INSTRUCTED THE PARTIES TO PROVIDE BOTTLED WATER TO EACH WITNESS; DURING THE COURSE OF THE TRIAL, IF THE PARTIES HAVE OBEJCTIONS, THEY ARE TO STAND AND STATE THE GROUNDS OF THEIR OBJECTION; PARTIES ARE TO KEEP SIDE BARS TO A MINIMUM DURING THE TRIAL; THE COURT DIRECTED THE PLAINTIFF TO IDENTIFY SPECIFIC NAMES OF THE REPRESENTATIVES OF COMPANIES LISTED AS WITNESSES IN THE PROPOSED PRETRIAL ORDER BY 5:00 ON 5-3-2016 OR SUCH WITNESSES WOULD BE EXCLUDED; THE PLAINTIFF IS TO IDENTIFY THE INDIVIDUAL OF STRESS CON AND PROVIDE A SUMMARY OF DETAILED TESTIMONY THAT DOES NOT INCLUDE TESTIMONY OF STRUCTRUAL DEFECT; COURT CONSIDERED THE MOTION IN LIMINE FILED BY DEFENDANT ERICSON; THE PLAINTIFF IS TO EXCLUDE PRIMARY PRACTICE OF THE DEFENSE COUNSEL; THE PLAINTIFF IS TO EXCLUDE LIABILITY INSURANCE; THE PLAINTIFF IS TO EXCLUDE DOCUMENTS NOT DISCLOSED PER 12 O.S. 3226; THE COURT WILL RULE ON THE MOTION FOR THE PLAINTIFF TO EXCLUDE EVIDENCE PRESENTED IN REBUTTAL AT THE TIME WHEN THE REBUTTAL EVIDENCE IS OFFERED; COURT GRANTED MOTION TO EXCLUDE PARTIES TO REFRAIN FROM ASKING THE JURY TO PLACE THEMSELVES IN THE POSITION OF THE PARTIES; COURT WILL RULE ON WHETHER OR NOT REBUTTAL WITNESSES ARE ALLOWED TO TESTIFY AT THE TIME SUCH WITNESSES ARE OFFERED; COUNSEL IS ADVISED BY THE COURT THAT THE TRIAL WILL BEGIN AT 8:30 A.M. AND CONTINUE TO 6:00 P.M. THROUGHOUT THE DURATION OF THE TRIAL;

05-13-2016 CTFREE

MORRISSEY, LINDA G; IN VIEW OF THE IMMINENT JURY TRIAL SCHEDULED TO COMMENCE ON MAY 23, 2016, THE COURT FINDS THAT GOOD CAUSE EXISTS TO SHORTEN THE TIME WITHIN WHICH TO FILE OBJECTIONS TO THE FINDINGS AND RECOMMENDATIONS OF THE DISCOVERY MASTER. ACCORDINGLY, IN THE EVENT THE PARTIES OBJECT TO THE FINDINGS AND RECOMMENDATIONS, THE PARTIES ARE ORDERED TO FILE OBJECTIONS BY MAY 19, 2016; MINUTE ORDER ENTERED WITH COPIES MAILED/FAXED TO W BRANT WARRICK, KELLY MONAGHAN, A MARK SMILING, GENTRY SMILING, JULIA ALLEN, BRIANT T ASPAN;

05-13-2016 O

ORDER/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING/FAX

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05-13-2016 TEXT

PLAINTIFF'S PROPOSED JURY INSTRUCTIONS / A TO J

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MILKS, WILLIAM C III
05-16-2016 TEXT

DEFENDANT ERICKSON INSPECTIONS LLC'S PROPOSED JURY INSTRUCTIONS / A TO J

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ERICKSON INSPECTIONS LLC
05-19-2016 OBJ

PLAINTIFF'S OBJECTION TO RECOMMENDATIONS OF DISCOVERY MASTER / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
05-19-2016 MO

MOTION TO EXCLUDE WEST DEFENDANTS' TRIAL EXHIBITS / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
05-20-2016 CNOTE

CLERK'S NOTE; CLERK LEFT MESSAGES WITH JULIA ALLEN'S OFFICE AND MARK SMILING'S OFFICE TO INFORM THEM THAT RESPONSES TO THE PLAINTIFF'S MOTION TO EXCLUDE WEST DEFENDANTS' TRIAL EXHIBITS WERE DUE TODAY, 5-20-2016;

05-20-2016 RESP

DEFENDANTS' JOINT RESPONSE TO PLAINTIFF'S OBJECTIONS TO DISCOVERY MASTER'S FINDINGS / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
05-20-2016 RESP

DEFENDANTS' JOINT RESPONSE TO MOTION EXCLUDE EXHIBITS / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
05-20-2016 CNOTE

CLERK'S NOTE; CLERK CALLED JULIA ALLEN, MARK SMILING, AND BRANT WARRICK TO INFORM THEM THAT THEY DO NOT NEED TO APPEAR FOR THE START OF THE TRIAL UNTIL 9:30 AM ON 5-23-2016;

05-20-2016 TEXT

DEFENDANT'S WESTS PROPOSED JURY INSTRUCTIONS / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
05-23-2016 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
05-23-2016 SS

SUBPOENA SERVED FOR TERRY MASINGALE / BY CERT MAIL / SIGNED TERRY MASINGALE / 5-13-16

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05-23-2016 SS

SUBPOENA SERVED FOR WENDELL MATSON / BY CERT MAIL / SIGNED WR MATSON / ON 5-13-16

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05-23-2016 SS

SUBPOENA SERVED FOR CHARLES ANDERSON / BY CERT MAIL / SIGNED CHALES ANDERSON / 5-12-16

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05-23-2016 SS

SUBPOENA SERVED FRO RODNEY BRATCHER / BY CERT MAIL / SIGNED R B / ON 5-11-16

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05-23-2016 SS

SUBPOENA SERVED FOR STEVEN TAYLOR / BY CERT MAIL / SIGNED ? / ON 5-13-16

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05-23-2016 SS

SUBPOENA SERVED FOR FELIPE DIAZ / PERS SRV / ON 5-19-16

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05-23-2016 SS

SUBPOENA SERVED FOR MARK WECKER / PERS SRV / ON 5-19-16

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05-23-2016 SS

SUBPOENA SERVED FOR THOMAS J SZOFER / PER SRV / ON 5-20-16

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05-23-2016 CTFREE

MORRISSEY, LINDA G; THE CASE COMES ON FOR JURY TRIAL ON 5-23-2016. THE PARTIES SCHEDULED A ONE WEEK JURY TRIAL. AT THE COMMENCEMENT OF THE TRIAL, BEFORE THE JURY WAS SUMMONED TO OPEN COURT, THE PLAINTIFF IDENTIFIED THIRTEEN (13) WITNESSES TO BE CALLED AND THE DEFENDANTS IDENTIFIED FOUR (4) ADDITIONAL WITNESSES TO BE CALLED. THE PARTIES ESTIMATED OVER FORTY (40) HOURS OF TESTIMONY WOULD BE REQUIRED FOR THE PARTIES TO PRESENT THEIR RESPECTIVE CASES. THE COURT DETERMINED IT WOULD BE IMPOSSIBLE TO COMPLETE THE JURY TRIAL IN ONE WEEK. ACCORDINGLY, THE JURY TRIAL IS STRICKEN BY THE COURT. AS A RESULT OF PENDING DISCOVERY DISPUTES WHICH WERE NOT RESOLVED BEFORE THE TRIAL, THE COURT ALLOWS THE PARTIES TO CONDUCT ADDITIONAL DISCOVERY. A NEW SCHEDULING ORDER IS TO BE SUBMITTED BY THE PARTIES WITHIN FIVE (5) DAYS. THE PARTIES ARE TO DETERMINE BETWEEN THE PRETRIAL CONFERENCE DATES OF 10-13-2016 AT 3:00 OR 10-24-2016 AT 3:00 AND INFORM THE COURT OF THE DATE THEY HAVE CHOSEN WHEN SUBMITTING THE NEW SCHEDULING ORDER. ALL PARTIES ARE ORDERED TO ATTEND ALL FUTURE COURT APPEARANCES IN PERSON UNLESS EXCUSED BY THE COURT IN WRITING.

MINUTE ORDER ENTERED WITH COPIES MAILED/FAXED TO W BRANT WARRICK, KELLY MONAGHAN, A MARK SMILING, GENTRY SMILING, JULIA ALLEN, AND BRIAN ASPAN;

05-23-2016 CTFREE

MORRISSEY, LINDA G; ON 5-23-16, PLAINTIFF'S MOTION TO EXCLUDE WEST DEFENDANTS' TRIAL EXHIBITS CAME ON FOR HEARING. TWO WITNESSES WERE SWORN. THE TESTIMONY AND STATEMENTS OF PLAINTIFF'S COUNSEL ESTABLISHED THAT PLAINTIFF HAD IN HIS POSSESSION ALL OF DEFENDANTS' EXHIBITS FOR APPROXIMATELY 3 YEARS BEFORE THE MOTION TO EXCLUDE WAS FILED. THE MOTION TO EXCLUDE IS DENIED.

MINUTE ORDER ENTERD WITH COPIES MAILED TO W BRANT WARRICK, KELLY MONGHAN, A MARK SMILING, GENTRY SMILING, JULIA ALLEN, BRIAN T ASPAN;

05-23-2016 ADJUST

ADJUSTING ENTRY: MONIES DUE TO AC09-CARD ALLOCATION
$ 0.50
05-23-2016 ACCOUNT

ADJUSTING ENTRY: MONIES DUE TO THE FOLLOWING AGENCIES REDUCED BY THE FOLLOWING AMOUNTS:
CJ-2010-6970: AC01 CLERK FEES -$0.50

05-23-2016 ACCOUNT

RECEIPT # 2016-3340543 ON 05/23/2016.
PAYOR:W B WARRICK TOTAL AMOUNT PAID: $20.00.
LINE ITEMS:
CJ-2010-6970: $19.50 ON AC01 CLERK FEES.
CJ-2010-6970: $0.50 ON AC09 CARD ALLOCATIONS.

05-24-2016 O

ORDER/ PARTIES ARE TO DETERMINE BETWEEN THE PRETRIAL CONFERENCE DATES OF 10-13-16 @ 3:00 OR 10-24-16 3:00 PM / AFFIDAVIT OF MAILING

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06-15-2016 CTFREE

JUDGE GLASSCO FOR JUDGE MORRISSEY; SCHEDULING ORDER ENTERED; THE PARTIES SELECTED A PRETRIAL CONFERENCE DATE OF 10-24-2016 AT 3:00 PM IN COURT ROOM 513 (SEE ORDER FILED ON 5-24-2016); COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; (((((SCHEDULING ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING)))))

06-15-2016 MO

PLAINTIFF'S MOTION FOR LEAVE OF COURT TO AMEND PETITION / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
06-16-2016 O

SCHEDULING ORDER

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07-06-2016 RESP

DEFENDANT ERICKSON INSPECTION LLC'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED PETITION/ A TO J / CERTIFICATE OF MAILNG

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ERICKSON INSPECTIONS LLC
07-08-2016 RESP

DEFENDANTS' WESTS RESPONSE AND OBJECTION TO PALINTIFF'S MOTION TO AMEND PETITION / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
07-08-2016 WL

DEFENDANT ERICKSON INSPECTION LLC'S SECOND PRELIMINARY WITNESS AND EXHIBIT LIST PURSUANT TO NEW SCHEDULING ORDER /CERTIFICATE OF MAILING

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ERICKSON INSPECTIONS LLC
07-18-2016 MO

PLAINTIFF'S MOTION TO STRIKE THE RESPONSES AND OBJECTIONS TO PLAINTIFF'S MOTION TO AMEND FILED BY DEFENDANTS ALTON AND MARY WEST AND ERICKSON INSPECTIONS LLC AND IN THE ALTERNATIVE FOR LEAVE TO FILE REPLY

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MILKS, WILLIAM C III
08-01-2016 OBJ

DEFENDANT ERICKSON INSPECTION LLC'S OBJECTION TO PALINTIFF'S MOTION TO STRIKE / A TO J / CERTIFICATE OF MAILING

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ERICKSON INSPECTIONS LLC
08-30-2016 MOQ

DEFENDANT ALTON AND MARY WESTS' MOTION TO QUASH DEPOSITION NOTICES ISSUE BY PLAINTIFF / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
08-31-2016 CTFREE

MORRISSEY, LINDA G; IN VIEW OF THE DEPOSITION DATES COMMENCING ON 9-7-2016, THE PLAINTIFF IS ORDERED TO FILE A RESPONSE TO DEFENDANT ALTON AND MARY WESTS' MOTION TO QUASH DEPOSITION NOTICES ISSUED BY PLAINTIFF BY 1:00 PM ON SEPTEMBER 6, 2016;

MORRISSEY, LINDA G; THE CASE HAS BEEN PENDING FOR ALMOST SIX YEARS; THE COURT HAS ENTERED MULTIPLE AMENDED SCHEDULING ORDERS; THE CASE IS CURRENTLY SET FOR A PRETRIAL CONFERENCE ON OCTOBER 24, 2016; THE PLAINITFF HAS HAD AMPLE OPPORTUNITY TO PRESENT HIS CLAIMS FOR RELIEF AND THIS 11TH HOUR REQUEST TO AMEND HIS PETITION IS CONTRARY TO THE INTEREST OF JUSTICE FOR THESE PARTIES; THEREFORE THE PLAINTIFF'S MOTION FOR LEAVE OF COURT TO AMEND PETITION IS DENIED;

MORRISSEY, LINDA G; PLAINTIFF'S MOTION TO STRIKE RESPONSES AND OBJECTIONS TO PLAINTIFF'S MOTION TO AMEND FILED BY DEFENDANTS ALTON AND MARY WEST AND ERICSON INSPECTIONS LLC AND IN THE ALTERNATIVE FOR LEAVE TO FILE REPLY IS DENIED;

MINUTE ORDER ENTERED; COPIES MAILED AND FAXED TO W BRANT WARRICK, KELLY MONAGHAN, A MARK SMILING, GENTRY SMILING, JULIA ALLEN, AND BRIAN ASPAN;

08-31-2016 O

ORDER/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING / FAX

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09-06-2016 OBJ

OBJECTION AND RESPONSE TO MOTION TO QUASH DEPOSITION NOTICES FILED BY DEFENDANTS ALTON AND MARY WEST A TO J / CERTIFICATE OF SERVICE

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MILKS, WILLIAM C III
09-08-2016 CTFREE

MORRISSEY, LINDA G; THE DEFENDANTS ALTON AND MARY WESTS' MOTION TO QUASH DEPOSITION NOTICES ISSUED BY PLAINTIFF THAT WAS FILED ON 8-30-2016 IS DENIED; ORDER ON DEFENDANTS ALTON AND MARY WESTS' MOTION TO QUASH DEPOSITION NOTICES ISSUED BY PLAINTIFF ENTERED; COPIES OF THE ORDER WERE MAILED TO W BRANT WARRICK, KELLY MONAGHAN, A MARK SMILING, GENTRY M SMILING, JULIA ALLEN, AND BRIAN T ASPAN;

09-09-2016 O

ORDER ON DEFENDANTS ALTON AND MARY WESTS' MOTION TO QUASH DEPOSITION NOTICES ISSUED BY PLAINTIFF / FILED ON 8-30-16 IS DENIED / AFFIDAVIT OF MAILING

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09-13-2016 MO

UNOPPOSED MOTION FOR EXTENSION OF DISCOVERY DEADLINE / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
09-22-2016 MO

WITHDRAWAL OF UNOPPOSED MOTION FOR EXTENSION OF DISCOVERY DEADLINE / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
09-27-2016 MOSJ

PLAINTIFFS MOTION FOR JUDGMENT PURSUANT TO 12 O.S. 3237 FOR FAILURE TO COMPLY WITH DISCOVERY, OR IN THE ALRENATIVE TO EXCLUDE THE TESTIMONY OF ALTON WEST AND MARY WEST AT TRIAL OR TO COMPEL DISCOVERY AND AMEND THE SCHEDULING ORDER, AND FOR SANCITONS ; AND INCORPORATED BRIEF IN SUPPORT

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$ 50.00
09-27-2016 ACCOUNT

RECEIPT # 2016-3420078 ON 09/27/2016.
PAYOR: HOLLOWAY & MONAGHAN TOTAL AMOUNT PAID: $ 50.00.
LINE ITEMS:
CJ-2010-6970: $50.00 ON AC01 CLERK FEES.

09-30-2016 MOLIM

MOTION IN LIMINE TO EXCLUDE TESTIMONY AND ALL REPORTS OF FRED AYERS / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
09-30-2016 MOLIM

MOTION IN LIMINE TO EXCLUDE PAYMENTS BY ROBINSON / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
09-30-2016 MO

MOTION TO APPLY SET-OFF OF CO-DEFENDANTS' CONTRIBUTIONS TO ANY DAMAGES AWARD TO PLAINTIFF / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
09-30-2016 MOLIM

MOTION IN LIMINE FOR ALL MATTERS REQUIRING STRUCTURAL EXPERTISE / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
09-30-2016 MOLIM

MOTION IN LIMINE TO EXCLUDE SIXTEEN-YEAR OLD, IRRELEVANT PREVIOUS INSPECTION REPORT / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
09-30-2016 MOLIM

MOTION IN LIMINE / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
10-14-2016 APLI

PLAINTIFF'S APPLICATION TO DEEM MOTION FOR JUDGMENT CONFESS AND ENTER PARTIAL JUDGMENT / A TO J / CERTIFICATE OF SERVICE MAILING

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MILKS, WILLIAM C III
10-17-2016 RESP

DEFENDANTS RESPONSE TO PLAINTIFF'S MOTION FOR JUDGMENT/SANCTIONS/EXTENSION OF DEADLINES / CERTIFICTE OF MAILING

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WEST, ALTON B
10-18-2016 OBJ

PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANTS' MOTION TO EXCLUDE PAYMENTS BY ROBINSON / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
10-18-2016 RESP

PLAINIFF'S RESPONSE TO MOTION TO LIMINE TO EXCLUDE TESTIMONY AND REPORTS OF FRED AYERS / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
10-18-2016 OBJ

PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANTS' MOTION TO EXCLUDE ALL MATTERS REQUIRING STRUCTURAL EXPERTISE / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
10-18-2016 RESP

PLAINTIFF'S RESPONSE TO WEST DEFENDANTS' GENERAL MOTION IN LIMINE / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
10-18-2016 OBJ

PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANTS' MOTION TO EXCLUDE KNOX INSPECTION REPORTS / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
10-18-2016 OBJ

PALINTIFF'S OBJECTION AND REPONSE TO DEFENDANTS' MOTION TO APPLY SET-OFF OF CO-DEFENDANTS' CONTRIBUTIONS TO ANY DAMAGES AWARDED TO PLAINTIFF / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
10-24-2016 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
10-24-2016 CTFREE

MORRISSEY, LINDA G; THE CASE CAME ON FOR PRETRIAL CONFERENCE ON OCTOBER 24, 2016. BRANT WARRICK PRESENT FOR THE PLAINTIFF WITH HIS CLIENT. JULIA ALLEN PRESENT FOR DEFENDANTS MARY WEST AND DEFENDANT ALTON WEST. MARY WEST APPEARED PERSONALLY. THE COURT EXCUSED THE PERSONAL APPEARANCE OF ALTON WEST FOR MEDICAL REASONS. HEARING WAS HELD ON RECORD WITH TAISHA IRONS AS COURT REPORTER. A JURY TRIAL (1ST UP, 5 DAYS) HAS BEEN SET FOR APRIL 24, 2017, AT 9:30 A.M. IN COURT ROOM 513. PARTIES ARE REQUIRED TO APPEAR PERSONALLY UNLESS EXCUSED IN WRITING BY THE COURT NO LESS THAN TEN (10) DAYS BEFORE THE JURY TRIAL. IF A PARTY REQUESTS EXCUSAL FOR MEDICAL REASONS, MEDICAL DOCUMENTATION MUST BE PRESENTED TO THE COURT FOR CONSIDERATION. A TRIAL STATUS CONFERENCE HAS BEEN SET FOR APRIL 10, 2017, AT 10:00 A.M. IN COURT ROOM 513. PARTIES ARE REQUIRED TO APPEAR PERSONALLY AT THE TRIAL STATUS CONFERENCE UNLESS EXCUSED IN WRITING BY THE COURT NO LESS THAN TEN (10) DAYS BEFORE THE TRIAL STATUS CONFERENCE. IF A PARTY REQUESTS EXCUSAL FOR MEDICAL REASONS, MEDICAL DOCUMENTATION MUST BE PRESENTED TO THE COURT FOR CONSIDERATION. COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND THESE HEARINGS OR DISPOSITION MAY BE MADE IN THEIR ABSENCE. A PRE-TRIAL CONFERENCE ORDER IS TO BE SUBMITTED BY THE PARTIES TO THE COURT BY THE END OF DAY ON NOVEMBER 7, 2016, INCORPORATING THE PROVISIONS REVIEWED IN THE PRE-TRIAL CONFERENCE. THE PLAINTIFF ANNOUNCED IN OPEN COURT THAT THE PLAINTIFF HAS REACHED A SETTLEMENT WITH THE DEFENDANT, ERICKSON INSPECTIONS LLC. THE PLAINTIFF IS TO FILE A DISMISSAL AS TO DEFENDANT ERICKSON INSPECTIONS LLC BY END OF DAY ON NOVEMBER 7, 2016.

ORDER AND NOTICE OF TRIAL STATUS CONFERENCE AND JURY TRIAL ENTERED; CLERK FILED THE ORIGINAL ORDER AND NOTICE AND MAILED COPIES TO W BRANT WARRICK, JULA ALLEN, AND A MARK SMILING;

10-24-2016 ACCOUNT

RECEIPT # 2016-3435419 ON 10/24/2016.
PAYOR: MONAGHAN ASSOC TOTAL AMOUNT PAID: $ 20.00.
LINE ITEMS:
CJ-2010-6970: $20.00 ON AC01 CLERK FEES.

10-25-2016 O

ORDER AND NOTICE OF TRIAL STATUS CONFERENCE AND JURY TRIAL / PRE-TRIAL CONFERENCE ORDER TO BE SUBMITTED BY PARTIES AT THE END OF DAY ON 11-7-16 / PLAINTIFF IS TO FILE A DISMISSAL AS TO DEFENDANT ERICKSON INSPECTIONS LLC BY END OF DAY ON 11-7-16 / AFFIDAVIT OF MAILING

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11-07-2016 CTFREE

MORRISSEY, LINDA G; PRE-TRIAL CONFERENCE ORDER ENTERED; THE CASE IS SET FOR JURY TRIAL (1ST UP, 5 DAYS) IS SET FOR 4-24-2017 AT 9:30; A TRIAL STATUS CONFERENCE IS SET FOR 4-10-2017 AT 10:00; (((((PRE-TRIAL CONFERENCE ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING)))))

11-07-2016 MO

MOTION FOR ADDITIONAL TIME TO FILE DISMISSAL / C TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
11-08-2016 CTFREE

MORRISSEY, LINDA G; ORDER ENTERED ON THE MOTION FOR ADDITIONAL TIME TO FILE DISMISSAL; THE PLAINTIFF SHALL HAVE UNTIL 11-14-2016 TO FILE THE DISMISSAL AS TO DEFENDANT ERICKSON INSPECTIONS, LLC; (((((ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING)))))

11-14-2016 MO

PLAINTIFF'S SECOND MOTION FOR ADDITIONAL TIME TO FILE DISMISAL AS TO DEFENDANT ERICKSON INSPECTIONS LLC / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
11-15-2016 CTFREE

MORRISSEY, LINDA G; ORDER ENTERED ON THE PLAINTIFF'S SECOND MOTION FOR ADDITIONAL TIME TO FILE DISMISSAL AS TO DEFENDANT ERICKSON INSPECTIONS LLC; THE PLAINTIFF HAS UNTIL 11-23-2016 TO FILE THE DISMISSAL; (((((ORDER PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING)))))

11-15-2016 O

ORDER/ SEE ABOVE ENTRY

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11-16-2016 DWP

DISMISSAL WITH PREJUDICE AS TO SEPARATE DEFENDANT, ERICKSON INSPECTIONS LLC

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ERICKSON INSPECTIONS LLC
11-16-2016 DISPCVDMWP

DISMISSAL WITH PREJUDICE
2 ERICKSON INSPECTIONS LLC
11-16-2016 O

ORDER/ MOTION GRANTED / PLAINTIFF SHALL HAVE UNTIL 11-23-16 FOR FILE THE DISMISSAL AS TO DEFENDANT ERICKSON INSPECTIONS LLC

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12-06-2016 CNOTE

CLERK'S NOTE; THE "PRE-TRIAL CONFERENCE ORDER" THAT WAS ENTERED ON 1-7-2016 WAS NOT PICKED UP FROM THE JUDGE'S OUTBOX; CLERK FILED THE ORIGINAL "PRE-TRIAL CONFERENCE ORDER" AND NO COPIES WERE MAILED; JURY TRIAL (1ST UP, 5 DAYS) IS SET FOR 4-24-2017 AT 9:30 AM; TRIAL STATUS CONFERENCE IS SET FOR 4-10-2017 AT 10:00 AM;

12-06-2016 O

PRE-TRIAL CONFERENCE ORDER

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01-09-2017 MOC

DEFENDANTS' WESTS MOTION TO COMPEL THE PRODUCTION OF SETTLEMENT AGREEMENTS / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
01-10-2017 CTFREE

MORRISSEY, LINDA G; ORDER SETTING HEARING ENTERED; THE CASE IS SET FOR A HEARING ON THE DEFENDANT WEST'S APPLICATION FOR ORAL ARGUMENT ON DEFENDANTS' MOTION TO COMPEL SETTLEMENT AGREEMENTS; THE HEARING IS SET FOR 2-22-2017 AT 10:00 AM IN COURT ROOM 513; COUNSEL OR PARTIES WITHOUT COUNSEL MUST ATTEND THE HEARING OR DISPOSITION MAY BE MADE IN THEIR ABSENCE; (((((ORDER SETTING HEARING PLACED IN THE JUDGE'S OUTBOX)))))

01-11-2017 CTFREE

MORRISSEY, LINDA G; NOTICE OF HEARING ENTERED; 2-22-2017 AT 10:00 AM; CLERK FILED THE ORIGINAL NOTICE OF HEARING AND MAILED COPIES TO KELLY MONAGHAN, W BRANT WARRICK, JULIA ALLEN, AND MARK SMILING;

01-11-2017 NOH

NOTICE OF HEARING/ SET ON 2-22-17 / 10.00 AM IN COURT ROOM 513 / AFFIDAVIT OF MAILING

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01-11-2017 NOH

NOTICE OF HEARING/ SET FOR 2-22-17- @ 10 AM IN COURT ROOM 513 / AFFIDAVIT OF MAILING

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01-11-2017 NOH

NOTICE OF HEARING/ MOTION TO COMPEL SETTLEMENT AGREEMENTS / HEARING SET ON 2-22-17 IN COUNRT ROOM 513 / ATTIDAVIT OF MAILING

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01-25-2017 APLI

APPLICATION TO WAIVE PERSONAL ATTENDANCE OF DEFENDANT AL WEST (NOT MARY WEST) FOR HEARING ON DEFENDANTS' WEST MOTION TO COMPEL / CERTIFICATE OF MAILING / A2J

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WEST, ALTON B
01-27-2017 OBJ

PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANTS' MOTION TO COMPEL PRODUCTION OF SETTLEMENT AGREEMENTS / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
02-02-2017 TEXT

WITHDRAWAL OF APPLICATION TO WAIVE PERSONAL APPEARANCE OF ALTON WEST / A2J

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WEST, ALTON B
02-03-2017 CNOTE

CLERK'S NOTE; AS PER PHONE CONVERSATION WITH JULIA ALLEN AND BRANT WARRICK, PLAINTIFF HAS COMPLIED WITH THE DEFENDANT'S REQUESTS; THEREFORE, THE HEARING ON THE DEFENDANT'S MOTION TO COMPEL SETTLEMENT AGREEMENTS SET FOR 2-22-2017 AT 10:00 IS MOOT;

02-07-2017 CNOTE

CLERK'S NOTE; THE ORDER SETTING HEARING THAT WAS ENTERED ON 1-10-2017 WAS NOT PICKED UP FROM THE JUDGE'S OUTBOX; CLERK FILED THE ORIGINAL ORDER AND NO COPIES WERE MAILED;

02-07-2017 OSH

ORDER SETTING HEARING/ DEFENDANTS WESTS' MOTION TO BE HEAR ON 2-22-17 @ 10 AM

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02-14-2017 APLI

DEFENDANTS WESTS' APPLICATION FOR ATTORNEY FEES AND COSTS / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
03-06-2017 OBJ

PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANTS' APPLICATION FOR FEES AND COSTS / C TO J /CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
03-27-2017 TEXT

PLAINTIFF'S PROPOSED JURY INSTRUCTIONS /

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MILKS, WILLIAM C III
04-07-2017 CTFREE

MORRISSEY, LINDA G; ORDER ON PENDING MOTIONS ENTERED; CLERK FILED THE ORIGINAL ORDER ON PENDING MOTIONS AND MAILED AND FAXED COPIES TO JULIA D ALLEN AND W BRANT WARRICK;

1. PLAINTIFFS MOTION FOR JUDGMENT PURSUANT TO 12 O.S. 3237 FOR FAILURE TO COMPLY WITH DISCOVERY, OR IN THE ALTERNATIVE TO EXCLUDE THE TESTIMONY OF ALTON WEST AND MARY WEST AT TRIAL OR TO COMPEL DISCOVERY AND AMEND THE SCHEDULING ORDER AND FOR SANCTIONS IS DENIED. ADDITIONALLY, PLAINTIFF'S APPLICATION TO DEEM MOTION FOR JUDGMENT CONFESSED AND ENTER PARTIAL JUDGMENT IS DENIED.

2. DEFENDANTS, ALTON B. WEST, III AND MARY C. WEST'S MOTION TO APPLY SET-OFF OF CO-DEFENDANTS' CONTRIBUTIONS TO ANY DAMAGES AWARD TO PLAINTIFF IS DENIED.

3. DEFENDANTS, ALTON B. WEST, III AND MARY C. WEST'S MOTION IN LIMINE TO EXCLUDE PAYMENTS BY ROBINSON IS UNDER ADVISEMENT UNTIL THE TIME OF TRIAL. PLAINTIFF WILL BE ALLOWED TO OFFER EXHIBITS REFLECTING PAYMENTS FOR REPAIRS, ETC. IF THE COURT DETERMINES THE SAME IS RELEVANT AND IF ROBINSON TESTIFIES IN ORDER TO SPONSOR THE EXHIBITS.

4. DEFENDNTS, ALTON B. WEST, III AND MARY C. WEST'S MOTION IN LIMINE TO EXCLUDE SIXTEEN-YEAR OLD, IRRELEVANT PREVIOUS INSPECTION REPORT IS GRANTED.

5. DEFENDANTS, ALTON B. WEST, III AND MARY C. WEST'S MOTION IN LIMINE FOR ALL MATTERS REQUIRING STRUCTURAL EXPERTISE IS GRANTED IN PART. IN VIEW OF PLAINTIFF'S ELECTION TO PROCEED TO TRIAL WITHOUT A STRUCTURAL EXPERT, PLAINTIFF IS PROHIBITED FROM PROCURING EVIDENCE OF STRUCTURAL DEFECTS EXCEPT TO THE EXTENT THE TESTIMONY IS ADMISSIBLE PURSUANT TO 12 O.S. 2701. IN THE EVENT PLAINTIFF DETERMINES TO ELICIT 2701 TESTIMONY, THE PLAINTIFF IS ORDERED TO ADVISE THE COURT AND SECURE PERMISSION OF THE COURT BEFORE ELICITING SUCH TESTIMONY.

6. DEFENDANTS, ALTON B. WEST, III AND MARY C. WEST'S MOTION IN LIMINE AS TO EVIDENCE THAT IS NOT ENUMERATED IN THE TREATMENTS, REPAIRS, AND REPLACEMENTS DOCUMENT OR ENUMERATED IN PLAINTIFF'S LIST OF 27 ALLEGED DEFECTIVE CONDITIONS AND COSTS IS GRANTED. THE MOTION IN LIMINE PERTAINING TO HANDWRITTEN NOTES MADE BY ONE OTHER THAN THE TESTIFYING WITNESS IS GRANTED. THE ISSUE OF WHETHER EVIDENCE IS CUMULATIVE WILL BE SUBJECTED TO THE TEST SET OUT IN 12 O.S. 2403 AND DEFENDANTS' RELATED MOTION IN LIMINE IS UNDER ADVISEMENT UNTIL THE TIME OF TRIAL.

7. DEFENDANTS, ALTON B. WEST, III AND MARY C. WEST'S MOTION IN LIMINE TO EXCLUDE TESTIMONY AND ALL REPORTS OF FRED AYERS IS UNDER ADVISEMENT UNTIL THE TIME OF TRIAL. PLAINTIFF MUST DEMONSTRATE TO THE COURT THAT AYERS TESTIMONY MEETS THE RELIABILITY AND RELEVANCY REQUIRED BY DAUBERT BEFORE THE COURT WILL DECIDE THE ADMISSIBILITY OF AYERS EXPERT TESTIMONY. SEE CHRISTIAN V. GRAY, 2003 OK 10, 65 P.3D 591.

8. DEFENDANTS, ALTON B. WEST, III AND MARY C. WEST'S APPLICATION FOR ATTORNEY FEES AND COSTS IS GRANTED. THE AMOUNT WILL BE DETERMINED AT A HEARING ON APRIL 10TH, 2017 AT 10:00 AM WHEN THE TRIAL STATUS CONFERENCE IS SCHEDULED.

04-07-2017 O

ORDER ON PENDING MOTIONS / SEE ABOVE ENTRY / AFIDAVIT OF MAILING/ FAX

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04-07-2017 NO

NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANTS' MOTION TO EXCLUDE KNOW INSPECTION REPORTS / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
04-10-2017 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
04-10-2017 CTFREE

MORRISSEY, LINDA G; THE CASE CAME ON FOR A TRIAL STATUS CONFERENCE; BRANT WARRICK PRESENT FOR THE PLAINTIFF; JULIA ALLEN PRESENT FOR THE DEFENDANTS; PLAINTIFF AND DEFENDANTS APPEARAED PERSONALLY; GARY WOODSON AS COURT REPORTER; THE PARTIES HAVE AGREED THAT THE STYLE OF THE CASE SHALL BE AMENDED TO REFLECT THE REMAINING PARTIES, WILLIAM MILKS III VS. ALTON B. WEST & MARY WEST ONLY; COUNSEL IS TO PROVIDE A LIST OF THOSE JURY INSTRUCTIONS SUBMITTED BY THE OTHER PARTY TO WHICH THEY HAVE NO OBJECTION BY APRIL 17TH, 2017; AN AGREED STATEMENT OF THE CASE IS TO BE SUBMITTED TO THE COURT BY APRIL 17TH, 2017; PARTIES WERE REMINDED OF THE COURT'S PRIOR INSTRUCTIONS REGARDING THE CONDUCT/PROTOCOL OF THE TRIAL; DEFENDANT IS GIVEN UNTIL APRIL 17TH, 2017 TO RESPOND TO THE PLAINTIFF'S SUPPLEMENTAL AUTHORITY REGARDING PRIOR INSPECTION REPORT; IF COUNSEL FOR EITHER PARTY DETERMINES NOT TO CALL A WITNESS PRIOR TO THE TRIAL, THEY SHALL PROVIDE NOTICE TO OPPOSING COUNSEL; DEFENDANTS AWARDED JUDGMENT IN THE SUM REQUESTED IN DEFENDANTS' APPLICATION FOR FEES, LESS 2.5 HOURS; PLAINTIFF IS ORDERED TO PAY SAID JUDGMENT WITHIN TEN (10) DAYS OF APRIL 10TH, 2017, OR BY APRIL 20TH, 2017; - ORDER ENTERED; CLERK FILED THE ORIGINAL ORDER AND MAILED COPIES TO W BRANT WARRICK AND JULIA ALLEN;

04-10-2017 ACCOUNT

RECEIPT # 2017-3538083 ON 04/10/2017.
PAYOR: MONAGHAN & ASSOCIATES PC TOTAL AMOUNT PAID: $ 20.00.
LINE ITEMS:
CJ-2010-6970: $20.00 ON AC01 CLERK FEES.

04-11-2017 TEXT

DEFENDANTS' WEST PROPOSED JURY INSTRUCTIONS / CERTIFICATE OF MAILING

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WEST, ALTON B
04-11-2017 O

ORDER / PLAINTIFF IS ORDERTO PAY SAID JUDGMENT WITHIN 10 DAY OF 4-10-17 OR BY 4-20-17 / AFFIDAVIT OF MAILING

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04-13-2017 RESP

DEFENDANTS WESTS' RESPONSE TO PLAINTIFF'S SUPPLEMENTAL AUTHORITY RELATED TO EXCLUSION OF SIXTEEN-YEAR-OLD INSPECTION REPORT / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
04-17-2017 CTFREE

MORRISSEY, LINDA G; JOURNAL ENTRY OF JUDGMENT FOR ATTORNEY FEES ENTERED; (((((JOURNAL ENTRY OF JUDGMENT PLACED IN THE JUDGE'S OUTBOX TO BE PICKED UP FOR FILING)))))

04-17-2017 TEXT

DEFENDANTS WESTS' PROPROSED STATEMENT OF THE CASE / A TO J / CERTIFICATE OF MAILING

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WEST, ALTON B
04-17-2017 RESP

PLAINTIFF'S RESPONSES AND OBJECTIONS TO DEFENDANTS' PROPOSED JURY INSTRUCTIONS / A TO J / CERTIFICATE OF MAILING

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MILKS, WILLIAM C III
04-19-2017 CTFREE

MORRISSEY, LINDA G; PLAINTIFF OFFERS STAUFF V. BARTNICK, 2016 OK CIV APP 76, 387 P.3D 356, 361, REH'G DENIED (OCT. 18, 2016), AS SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFF'S POSITION THAT DEFENDANTS HAD ACTUAL KNOWLEDGE OF ALLEGED DEFECTS. HOWEVER, THE INSPECTION REPORT AT ISSUE HERE IS DISTINGUISHABLE FROM THE EVIDENCE CITED IN STAUFF. IN STAUFF, THE TRANSACTION AT ISSUE OCCURRED IN 2013, WHILE THE PREVIOUS INSPECTION REPORT ORIGINATED IN 2010. ID. AT 7. SIMILARLY, THE OTHER EVIDENCE PRESENTED IN STAUFF - DISCLOSURE STATEMENTS, REPAIR INVOICES, ETC., - ORIGINATED IN EITHER 2010, OR 2013, THE SAME YEAR AS THE TRANSACTION AT ISSUE. ID. AT 7-9. IN THE CASE AT BAR, THE INSPECTION REPORT AT ISSUE ORIGINATED IN 2000, EIGHT YEARS BEFORE THE 2008 TRANSACTION AT ISSUE. THE INSPECTION REPORT IS TOO REMOTE IN TIME TO BE RELEVANT TO THE ISSUE OF KNOWLEDGE OF ALLEGED DEFECTS. 12 O.S. 2401, 2402. MOREOVER, THIS INSPECTION REPORT HAS THE POTENTIAL TO MISLEAD THE JURY AS THERE APPEARS TO BE NO DOCUMENTATION EVIDENCING WHETHER THE RECOMMENDATIONS IN THE INSPECTION REPORT AT ISSUE WERE FOLLOWED. 12 O.S. 2403. PLAINTIFF'S NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFF'S OBJECTION AND RESPONSE TO DEFENDANTS' MOTION TO EXCLUDE KNOX INSPECTION REPORTS IS NOT SUFFICIENT TO SUPPORT REVERSAL OF THE COURT'S PREVIOUS RULING ON DEFENDANTS' MOTION IN LIMINE REGARDING THE PREVIOUS INSPECTION REPORT. - ORDER ENTERED; CLERK FILED THE ORIGINAL ORDER AND MAILED/FAXED COPIES TO JULIA ALLEN AND BRANT WARRICK;

04-19-2017 O

ORDER/ SEE ABOVE ENTRY / AFFIDAVIT OF MAILING

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04-21-2017 RJT

REQUEST FOR JURY TRIAL
$ 349.00
04-21-2017 CRF

COURT REPORTER FEE-TRIAL ON MERITS
$ 20.00
04-21-2017 ACCOUNT

RECEIPT # 2017-3545532 ON 04/21/2017.
PAYOR: MONAGHAN & ASSOC TOTAL AMOUNT PAID: $ 369.00.
LINE ITEMS:
CJ-2010-6970: $369.00 ON AC01 CLERK FEES.

Outcome:

CLERK'S NOTE; THE PARTIES REACHED A SETTLEMENT PRIOR TO THE START OF THE TRIAL;

Plaintiff's Experts:

Defendant's Experts:

Comments:



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