Case Details

CourtEastern District of Pennsylvania
Docket number2:01-cv-01333
Date case filed2001-03-21
Date case closed2006-10-13
Date of latest filing
Assigned toCHIEF JUDGE PETRESE B. TUCKER
Case cause28:1332 Diversity-Breach of Contract
Nature of suit190 Contract: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: JOHN JOSEPH EDWARD
Party type: Plaintiff
PMB #171
Attorney name: BRIAN P. KENNEY
Attorney Contact:
KENNEY EGAN MCCAFFERTY & YOUNG
3031C WALTON RD.
SUITE 202
PLYMOUTH MEETING, PA 19462
610-940-9099
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: REBECCA HENSZEY EWING
Attorney Contact:
BAKER BOTTS, LLP
1299 PENNSYLVANIA AVE., NW
WASHINGTON, DC 20004
TEL 202-639-7702
Fax: 202-585-4065
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: STEPHEN L. BRAGA
Attorney Contact:
ROPES & GRAY LLP
ONE METRO CENTER
700 - 12TH ST NW STE 900
WASHINGTON, DC 20005-3948
202-508-4665
Fax: 202-508-4650
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: STEWART A. LEVY
Attorney Contact:
BAKER BOTTS, LLP
1299 PENNSYLVANIA AV., NW
THE WARNER BLDG
WASHINGTON, DC 20004-2400
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: A. WESLEY WYATT
Party type: Counter Claimant
Attorney name: CHRISTOPHER H. GRIGORIAN
Attorney Contact:
(See above for address)
TERMINATED: 09/12/2006 LEAD ATTORNEY

Attorney name: IRA B. SILVERSTEIN
Attorney Contact:
(See above for address)
TERMINATED: 12/13/2001 LEAD ATTORNEY

Attorney name: JEFFREY A. ZUCKER
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: A. WESLEY WYATT
Party type: Counter Claimant
Attorney name: CHRISTOPHER H. GRIGORIAN
Attorney Contact:
(See above for address)
TERMINATED: 09/12/2006 LEAD ATTORNEY

Attorney name: IRA B. SILVERSTEIN
Attorney Contact:
(See above for address)
TERMINATED: 12/13/2001 LEAD ATTORNEY

Attorney name: JEFFREY A. ZUCKER
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: STEPHAN L. BRAGA
Party type: Counter Defendant
Attorney name: STEPHEN L. BRAGA
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12001-03-21 Original record together with certified copy of docket entries received from U.S. District Court of DC (Washington) No. 99-3466. (tj) (Entered: 03/21/2001)
22001-04-27 MOTION by PLAINTIFF JOHN JOSEPH EDWARD FOR ADMISSION OF STEPHEN L. BRAGA, ESQ. AND STEWART A. LEVY, ESQ. TO APPEAR PRO HAC VICE , CERTIFICATE OF SERVICE. (fh) (Entered: 04/27/2001)
32001-04-27 Appearance of BRIAN P. KENNEY for PLAINTIFF JOHN JOSEPH EDWARD, Certificate of Service. (fh) (Entered: 04/27/2001)
42001-04-30 Response by DEFENDANT A. WESLEY WYATT to PLAINTIFF'S MOTION FOR ADMISSION OF STEPHEN L. BRAGA, ESQ. AND STEWART A. LEVY, ESQ. TO APPEAR PRO HAC VICE, Certificate of Service. (fh) (Entered: 04/30/2001)
52001-04-30 ORDER THAT THE PRESENT MATTER IS HELD IN ABEYANCE UNTIL THE COURT RESOLVES THE MOTION TO DISMISS FILED BY THE DEFENDANT, A. WESLEY WYATT. (SIGNED BY JUDGE JAMES M. KELLY) 4/30/01 ENTERED AND COPIES MAILED. (fh) (Entered: 04/30/2001)
62001-05-02 ORDER THAT PLAINTIFF'S MOTION FOR ADMISSION OF STEPHEN L. BRAGA, ESQ. AND STEWART A. LEVY, ESQ. TO APPEAR PRO HAC VICE IS GRANTED, ETC. ( SIGNED BY JUDGE JAMES M. KELLY ) 5/2/01 ENTERED AND COPIES MAILED. (jl) Modified on 05/02/2001 (Entered: 05/02/2001)
72001-07-31 MEMORANDUM & ORDER THAT THE MOTION TO DISMISS FILED BY THE DEFENDANT A. WESLEY WYATT IS DENIED. (SIGNED BY JUDGE JAMES M. KELLY) 8/1/01 ENTERED AND COPIES MAILED. (fh) (Entered: 08/01/2001)
82001-08-02 SCHEDULING ORDER THAT ALL DISCOVERY INCLUDING REQUESTS FOR AND RESPONSES THERETO, SHALL BE COMPLETED BY 1/2/02; PLAINTIFF'S PRETRIAL MEMORANDUM SHALL BE PREPARED IN ACCORDANCE WITH THIS ORDER AND LOCAL RULE OF CIVIL PROCEDURE 16.1(c) AND IT SHALL BE FILED ON OR BEFORE 1/15/02; DEFENDANT'S PRETRIAL MEMORANDUM SHALL BE PREPARED IN ACCORDANCE WITH THIS ORDER AND LOCAL RULE OF CIVIL PROCEDURE 16.1(c) AND IT SHALL BE FILED ON OR BEFORE 1/28/02; ALL DISPOSITIVE MOTIONS MUST BE FILED NO LATER THAN SEVEN (7) DAYS AFTER THE CLOSE OF DISCOVERY. THE CASE WILL BE PLACED IN THE TRIAL POOL ON 2/11/02; ETC. (SIGNED BY JUDGE JAMES M. KELLY) 8/2/01 ENTERED AND COPIES MAILED. (fh) (Entered: 08/02/2001)
92001-08-24 Appearance of IRA B. SILVERSTEIN for DEFENDANT A. WESLEY WYATT, Certificate of Service. (rv) (Entered: 08/27/2001)
102001-08-24 Answer with Affirmative Defenses to complaint and counterclaim by DEFENDANT A. WESLEY WYATT against PLAINTIFF JOHN JOSEPH EDWARDS and STEPHAN L. BRAGA, Certificate of Service. (rv) Modified on 08/27/2001 (Entered: 08/27/2001)
112001-09-04 STIPULATION & ORDER THAT DEFENDANT A. WESLEY WYATT'S TIME TO ANSWER, ASSERT DEFENSES AND A COUNTERCLAIM TO PLAINTIFF JOHN EDWARDS' COMPLAINT IS HEREBY EXTENDED TO 8/24/01. (SIGNED BY JUDGE JAMES M. KELLY) 9/5/01 ENTERED AND COPIES MAILED AND FAXED. (fh) (Entered: 09/05/2001)
122001-09-17 MOTION by PLAINTIFF JOHN JOSEPH EDWARD TO DISMISS DEFENDANT'S FRIVOLOUS COUNTERCLAIMS , MEMORANDUM, CERTIFICATE OF SERVICE. (fh) (Entered: 09/17/2001)
132001-10-15 MOTION by DEFENDANT A. WESLEY WYATT FOR EXTENSION OF TIME IN WHICH TO RESPOND TO PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIMS , MEMORANDUM, CERTIFICATE OF SERVICE. (jpd) (Entered: 10/16/2001)
142001-10-23 PLAINTIFF JOHN JOSEPH EDWARD'S Opposition to DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME, Certificate of Service. (fh) (Entered: 10/23/2001)
152001-10-26 DEFENDANT/COUNTERCLAIMANT A. WESLEY WYATT'S Memorandum in Opposition to PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIMS, Certificate of Service. (fh) (Entered: 10/29/2001)
162001-11-05 Affidavit of Ira Silverstein re: forwarded to Stephen Braga a summons on the counterclaim in the above captioned matter by certified mail. (jl) (Entered: 11/06/2001)
172001-11-06 MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIM IS DENIED; PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S COUNTERCLAIMS IS GRANTED. PLAINTIFF'S MOTION FOR RULE 11 SANCTIONS AGAINST IRA SILVERSTEIN, ESQ., DEFENDANT'S COUNSEL IS GRANTED, ETC. ( SIGNED BY JUDGE JAMES M. KELLY ) 11/6/01 ENTERED AND COPIES MAILED . (jl) (Entered: 11/06/2001)
182001-11-07 Reply Memorandum by PLAINTIFF JOHN JOSEPH EDWARD in Support of PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S FRIVOLOUS, Certificate of Service. (fh) (Entered: 11/07/2001)
192001-11-13 Notice of Adoption by COUNTER-DEFENDANT STEPHAN L. BRAGA, Certificate of Service. (fh) (Entered: 11/13/2001)
202001-12-13 MOTION by DEFENDANT A. WESLEY WYATT FOR CERTIFICATION PURSUANT TO LOCAL RULE 7.1(b) , MEMORANDUM, CERTIFICATE OF SERVICE. (fh) (Entered: 12/13/2001)
212001-12-13 ORDER THAT DEFENDANT'S MOTION IS GRANTED. THE DATES REFERENCED IN PARAGRAPHS 1,2,3 AND 5(b) OF THE COURT'S AUGUST 2, 2001 SCHEDULING ORDER ARE AMENDED AS FOLLOWS: ALL DISCOVERY, INCLUDING REQUESTS FOR AND RESPONSES THERETO, SHALL BE COMPLETED ON OR BEFORE 2/4/02 ; PLAINTIFF'S PRETRIAL MEMORANDUM SHALL BE FILED ON OR BEFORE 2/15/02 ; DEFENDANT'S PRETRIAL MEMORANDUM SHALL BE FILED ON OR BEFORE 2/28/02 ; AND THIS CASE WILL BE PLACED IN THE TRIAL POOL ON 3/11/02. THE REMAINING PROVISIONS OF THE SCHEDULING ORDER SHALL REMAIN IN EFFECT. (SIGNED JUDGE JAMES M. KELLY) 12/13/01 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS. (fh) (Entered: 12/13/2001)
222001-12-13 Withdrawal of Appearance by IRA B. SILVERSTEIN for DEFENDANT A. WESLEY WYATT and COUNTER-CLAIMANT A. WESLEY WYATT. (fh) (Entered: 12/14/2001)
232002-01-24 Consent Waiver of Jury Demand by PLAINTIFF JOHN JOSEPH EDWARD, DEFENDANT A. WESLEY WYATT (jpd) (Entered: 01/24/2002)
242002-01-24 CONFIDENTIALITY STIPULATION AND ORDER (SIGNED BY JUDGE JAMES M. KELLY) 1/24/01 ENTERED AND COPIES MAILED AND FAXED. (jpd) (Entered: 01/24/2002)
252002-02-07 STIPULATION AND ORDER THAT, THE DISCOVERY DEADLINE DATE PREVIOUSLY 2/4/02 IS NOW 2/11/02. THE DEADLINE FOR FILING OF DISPOSITIVE MOTIONS, PREVIOUSLY 2/11/02 IS NOW 2/18/02 (SIGNED BY JUDGE JAMES M. KELLY) 2/7/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/7/02. (jpd) (Entered: 02/07/2002)
262002-02-13 MOTION by DEFENDANT A. WESLEY WYATT TO EXTEND THE TRIAL AND CERTAIN PRETRIAL DATES BY TWO WEEKS MEMORANDUM , CERTIFICATE OF SERVICE (jpd) (Entered: 02/13/2002)
272002-02-14 ORDER GRANTING MOTION TO EXTEND THE TRIAL AND CERTAIN PRETRIAL DATES BY TWO WEEKS, SCHEDULING ORDER DEADLINES: DEADLINE FOR FILING OF ALL MOTIONS BY 3/4/02 ; PLAINTIFF'S PRETRIAL MEMORANDUM DUE 3/1/02 ; DEFENDANT'S PRETRIAL MEMORANDUM DUE 3/14/02 ; TRIAL POOL DEADLINE SET FOR 3/25/02 ; (SIGNED BY JUDGE JAMES M. KELLY) 2/15/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/14/02. (jpd) (Entered: 02/15/2002)
282002-02-20 MOTION by PLAINTIFF JOHN JOSEPH EDWARD FOR REBECCA H. EWING TO APPEAR PRO HAC VICE , CERTIFICATE OF SERVICE. (jpd) (Entered: 02/20/2002)
292002-02-21 ORDER GRANTING MOTION FOR REBECCA H. EWING TO APPEAR PRO HAC VICE (Attorney: REBECCA H. EWING) (SIGNED BY JUDGE JAMES M. KELLY) 2/22/02 ENTERED AND COPIES MAILED AND FAXED. (jpd) (Entered: 02/22/2002)
302002-03-05 Plaintiff's Pretrial Memorandum, Certificate of Service. (jpd) (Entered: 03/05/2002)
312002-03-12 ORDER THAT, THE DEADLINE FOR SUBMISSION OF PLAINTIFF'S PRETRIAL MEMORANDUM IS EXTENDED TO 3/5/02 (SIGNED BY JUDGE JAMES M. KELLY) 3/13/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 3/12/02. (jpd) (Entered: 03/13/2002)
322002-03-13 Errata Sheet for PLAINTIFF'S Pretrial Memorandum , Certificate of Service (jpd) (Entered: 03/13/2002)
332002-03-14 Plaintiff's Pretrial Memorandum, Certificate of Service. (jpd) (Entered: 03/15/2002)
342002-04-05 MOTION by DEFENDANT A. WESLEY WYATT IN LIMINE TO EXCLUDE PAROL EVIDENCE TO VARY OR CONTRADICT THE TERMS OF THE PARTIES' WRITTEN AGREEMENT; AND EXCLUDE IRRELEVANT TESTTIMONY , MEMORANDUM,CERTIFICATE OF SERVICE. (jpd) (Entered: 04/08/2002)
352002-04-15 Memorandum by PLAINTIFF JOHN JOSEPH EDWARD in opposition to MOTION IN LIMINE TO EXCLUDE PAROL EVIDENCE TO VARY OR CONTRADICT THE TERMS OF THE PARTIES' WRITTEN AGREEMENT; AND EXCLUDE IRRELEVANT TESTTIMONY , Certificate of Service. (jpd) (Entered: 04/15/2002)
362002-04-16 Eratta Sheet for Pretrial Memorandum by DEFENDANT A. WESLEY WYATT , Certificate of Service. (jpd) (Entered: 04/17/2002)
372002-04-24 DEFENDANT'S RESPONSE TO PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE , CERTIFICATE OF SERVICE. (jpd) (Entered: 04/24/2002)
382002-04-25 Stipulation NO.1 by PLAINTIFF and DEFENDANT (jpd) (Entered: 04/25/2002)
392002-05-02 Minute entry re: Oral Argumrnt held 5/1/02: Counsel argue DEFENDANT'S MOTION IN LIMINE TO EXCLUDE PAROL EVIDENCE TO VARY OR CONTRADICT THE TERMS OF THE PARTIES' WRITTEN AGREEMENT AND EXCLUDE IRRELEVANT TESTIMONY: C.A.V. (jpd) (Entered: 05/02/2002)
402002-05-02 ORDER GRANTING IN PART, DENYING IN PART MOTION IN LIMINE TO EXCLUDE PAROL EVIDENCE TO VARY OR CONTRADICT THE TERMS OF THE PARTIES' WRITTEN AGREEMENT; AND EXCLUDE IRRELEVANT TESTTIMONY (SIGNED BY JUDGE JAMES M. KELLY) 5/2/02 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 5/2/02. (jpd) (Entered: 05/02/2002)
412002-05-02 Minute entry re: Oral Argument held 5/1/02: Counsel argue sur: MOTION IN LIMINE TO (1) EXCLUDE PAROL EVIDENCE TO VARY OR CONTRADICT THE TERMS THE PARTIES' WRITTEN AGREEMENT AND (2) EXCLUDE IRRELEVANT TESTIMONY: C.A.V. (jpd) (Entered: 05/02/2002)
422002-05-03 Response by PLAINTIFF JOHN JOSEPH EDWARD to DEFENDANT'S NEW MOTION IN LIMINE RAISED FOR THE FIRST TIME AT MAY 1ST HEARING, Certificate of Service. (fdc) (Entered: 05/06/2002)
432002-05-07 Minute entry re: Civil Non Jury Trial Day 1 held 5/6/02: Witneses called and sworn. (jpd) (Entered: 05/07/2002)
442002-05-07 Transcript for Oral Argument on Motion in Limine held 5/1/02. (jpd) (Entered: 05/07/2002)
452002-05-08 Minute entry re: Civil Non Jury Trial Day 2 held 5/7/02: Trial resumes: witnesses called and sworn. (jpd) (Entered: 05/08/2002)
462002-05-09 Minute entry re: Civil Non Jury Trial Day 3 held on 5/8/02: Trial resumes: Witnesses called and sworn: Motion for Judgment on Partial Findings Pursuant to Rule 52(c)- C.A.V. (jpd) (Entered: 05/09/2002)
472002-05-09 ORDER THAT THE FOLLOWING EXHIBITS ARE ADMITTED INTO EVIDENCE: PLAINTIFF'S EXHIBITS 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 17, 19, 24, 25, 26, 27, 30, 31, 34, 35, 38, 42, 43, 44, 47, 58, 59, 61, 63, 64, 66, 68, 70, 72, 74, 75, 76, 79, 80, 81, 86, 88, 89, 92, 93, 94, 95, 96, 97, 98, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 127, 128, 129, 130, 131, 132, 133, 136, 137, 139, 141, 142, 144, AND 145. DEFENDANTS' EXHIBITS 16 AND 21. (SIGNED BY JUDGE JAMES M. KELLY) 5/10/02 ENTERED AND COPIES MAILED AND FAXED. (jpd) (Entered: 05/10/2002)
482002-05-10 Minute entry re: Civil Non Jury Trial Day 4: Trial resumes: Witnesses called and sworn. (jpd) (Entered: 05/10/2002)
492002-06-20 Transcript of Non-jury trial of 5/9/02-Philip Feldman Court Reporter. (mc) (Entered: 06/21/2002)
502002-06-20 Transcript of Non-jury trial of 5/8/02-Philip Feldman Court Reporter. (mc) (Entered: 06/21/2002)
512002-06-20 Transcript of Non-jury trial of 5/7/02-Philip Feldman Court Reporter. (mc) (Entered: 06/21/2002)
522002-06-20 Transcript of Non-Jury Trial of 5/6/02-Philip Feldman Court Reporter. (mc) (Entered: 06/21/2002)
532002-07-01 Proposed Findings of Facts and Conclusions of Law by DEFENDANT A. WESLEY WYATT , Certificate of Service. (jpd) Modified on 07/02/2002 (Entered: 07/02/2002)
542002-07-01 Proposed Findings of Facts and Conclusions of Law by PLAINTIFF JOHN JOSEPH EDWARD , Certificate of Service. (jpd) (Entered: 07/02/2002)
552002-07-09 Response to PLAINTIFF'S FINDINS OF FACT AND CONCLUSIONS OF LAW by DEFENDANT A. WESLEY WYATT , Certificate of Service. (jpd) (Entered: 07/10/2002)
562002-07-09 Response by PLAINTIFF JOHN JOSEPH EDWARD to DEFT WYATT'S Proposed Findings of Fact and Conclusions of Law, Certificate of Service. (fb) (Entered: 07/10/2002)
572002-08-05 MEMORANDUM AND ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF THE DEFENDANT A. WESLEY WYATT AND AGAINST THE PLAINTIFF, JOHN JOSEPH EDWARD. THIS CASE IS CLOSED. (SIGNED BY JUDGE JAMES M. KELLY) 8/5/02 ENTERED AND COPIES MAILED AND FAXED. (jpd) (Entered: 08/05/2002)
582002-09-03 Notice of appeal by PLAINTIFF JOHN JOSEPH EDWARD . Fee Status: paid . Copies to: JUDGE JAMES M. KELLY , Clerk USCA, Appeals Clerk, and STEPHEN L. BRAGA, JEFFREY ZUCKER, CHRISTOPHER H. GRIGORIAN, IRA B. SILVERSTEIN, REBECCA HENSZEY EWING, STEWART A. LEVY, BRIAN P. KENNEY, STEPHEN L. BRAGA (jpd) (Entered: 09/05/2002)
592002-09-03 Copy of Clerk's notice to USCA re: [58-1] appeal . (jpd) (Entered: 09/05/2002)
602002-09-24 Copy of TPO form ref: [58-1] appeal . (jpd) (Entered: 09/24/2002)
612003-09-09 ORDER of USCA that the Judgment of The District Court of 8/5/02, be, and the same is hereby REVERSED AND REMANDED for proceedings consistent with this opinion. Costs taxed against Appellee. All of the above in accordance with the opinion of this Court. (jpd, ) (Entered: 09/09/2003)
622003-10-22 NOTICE of Hearing: BENCH TRIAL SET FOR 10/27/2003 at 2:00 PM IN COURTROOM 4B BEFORE HONORABLE JAMES MCGIRR KELLY. COPIES MAILED BY CHAMBERS 10/22/03.(sah) (Entered: 10/22/2003)
632003-10-22 NOTICE of Hearing: BENCH TRIAL SET FOR 10/27/2003 at 10:00 AM IN COURTROOM 4B BEFORE HONORABLE JAMES MCGIRR KELLY HAS BEEN POSTPONED AT COUNSELS' REQUEST UNTIL FURTHER NOTICE. COPIES MAILED BY CHAMBERS ON 10/22/03.(sah) (Entered: 10/22/2003)
642003-10-24 STIPUALTION AND ORDER THAT THE PARTIES WILL INFORM THE COURT BY 10/29/03 AT 5:00 P.M. AS TO THE AVAILABILITY OF THIER WITNESSES AND THUS OF THE EARLIEST DATE ON WHICH THIS TRIAL CAN BE SCHEDULED. SIGNED BY JUDGE JAMES MCGIRR KELLY ON 10/24/03. 10/27/03 ENTERED AND COPIES MAILED AND FAXED.(jpd, ) (Entered: 10/27/2003)
652003-11-19 NOTICE of Hearing: BENCH TRIAL SET FOR 12/16/2003 at 10:00 AM IN COURTROOM 4B BEFORE HONORABLE JAMES MCGIRR KELLY. COPIES MAILED TO COUNSEL BY CHAMBERS.(sah) (Entered: 11/19/2003)
662003-12-09 PRETRIAL MEMORANDUM by PLFF JOHN JOSEPH EDWARD, Certificate of Service. (kw, ) (Entered: 12/10/2003)
672003-12-15 NOTICE of Hearing: BENCH TRIAL SET FOR 1/12/2004 at 10:00 AM IN COURTROOM 4B BEFORE HONORABLE JAMES MCGIRR KELLY. This has been continued from 12/15/2003. Copies of notice were mailed to counsel by chambers.(sah) (Entered: 12/15/2003)
682003-12-16 ORDER THAT THE JOINT STIPULATION FOR RETRIAL PROCEEDINGS IS DENIED. THIS MATTER WILL BE SET FOR TRIAL DURING JANUARY, 2004. SIGNED BY JUDGE JAMES MCGIRR KELLY ON 12/16/03. 12/16/03 ENTERED AND COPIES FAXED.(jpd, ) (Entered: 12/16/2003)
692003-12-29 PLAINTIFF JOHN JOSEPH EDWARD'S MOTION IN LIMINE TO PRECLUDE WYATT FROM REARGUING DEFENSES LOST AT THE PRIOR TRIAL AND NOT CHALLENGED ON APPEAL TO THE THIRD CIRCUIT, CERTIFICATE OF SERVICE.(jpd, ) (Entered: 12/30/2003)
702004-01-05 DEFENDANT A. WESLEY WYATT'S RESPONSE TO PLAINTIFF'S MOTION IN LIMINE, CERTIFICATE OF SERVICE. (jpd, ) (Entered: 01/05/2004)
712004-01-06 NOTICE of Hearing: BENCH TRIAL SCHEDULED FOR 1/12/2004 at 10:00 AM IN COURTROOM 4B BEFORE HONORABLE JAMES MCGIRR KELLY HAS BEEN CANCELLED. Copies of notice mailed to counsel by chambers.(sah) (Entered: 01/06/2004)
722004-01-09 PLAINTIFF JOHN JOSEPH EDWARD'S MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE WYATT FROM REARGUING DEFENSES LOST AT PRIOR TRAIL, CERTIFICATE OF SERVICE. (jpd, ) (Entered: 01/12/2004)
732004-01-21 NOTICE of Hearing: BENCH TRIAL SET FOR 2/2/2004 at 10:00 AM IN COURTROOM 4B BEFORE HONORABLE JAMES MCGIRR KELLY. Copies of notice mailed to counsel on 1/21/04.(sah) (Entered: 01/21/2004)
742004-01-29 ORDER THAT PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE WYATT FROM REARGUING DEFENSES LOST AT THE PRIOR TRIAL NOT CAHLLENGED ON APPEAL TO THE THIRD CIRCUIT (DOC. NO. 69) IS DENIED AS IT WAS FILED OUT OF TIME. SIGNED BY JUDGE JAMES MCGIRR KELLY ON 1/29/04. 1/29/04 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 1/29/04. (jpd) (Entered: 01/29/2004)
752004-02-02 Minute Entry for BENCH TRAIL-DAY 1 held before Judge JAMES MCGIRR KELLY on 2/2/04. Court Reporter: Phillip Feldman: Court's opening remarks: Opening statements by PLAINTIFFS COUNSEL: Opening statements by DEFENSE COUNSEL: Witnesses called and sworn. (jpd) (Entered: 02/03/2004)
762004-02-03 Minute Entry for BENCH TRAIL held before Judge JAMES MCGIRR KELLY : held on 2/3/04. Court Reporter: PHILLIP FELDMAN: witnesses called and sworn: DLOSING ARGUMENTS: Post Trial Motions due for PLAINTIFF 10 Days after the transcript is completed. DEFENse has 2 weeks to respond and PLAINTIFF has 5 days to respond to DEFENSE'S MOTION. (jpd, ) (Entered: 02/03/2004)
772004-02-05 ORDER THAT THE PLAINTIFF'S FINDINGS SHALL BE FILED WITHIN TEN (10) CALENDAR DAYS AFTER THE RETRIAL TRANSCRIPT HAS BEEN PRODUCED; DEFENDANT'S FINDINGS SHALL BE FILED WITHIN FOURTEEN (14) CALENDAR DAYS AFTER PLAINTIFF'S FILING OF HIS FINDINGS; PLAINTIFF'S REPLY FINDINGS SHALL BE FILED WITHIN SEVEN (7) CALENDAR DAYS AFTER DEFENDANT'S FILING OF HIS FINDINGS. SIGNED BY JUDGE JAMES MCGIRR KELLY ON 2/5/04. 2/6/04 ENTERED AND COPIES FAXED. (jpd) (Entered: 02/06/2004)
782004-03-08 TRANSCRIPT of Proceedings held on 2/2/04 before Judge JAMES McGIRR KELLY. Court Reporter: PHILIP FELDMAN, C.S.R.. (jpd) (Entered: 03/08/2004)
792004-03-08 TRANSCRIPT of Proceedings held on 2/3/04 before Judge JAMES McGIRR KELLY. Court Reporter: PHILIP FELDMAN, C.S.R.. (jpd) (Entered: 03/08/2004)
802004-03-23 Plaintiff JOHN EDWARDS' Post-Trial Brief, with Proposed Findings of Fact and Conclusions of Law by STEPHAN L. BRAGA. Certificate of Service(stb, ) Additional attachment(s) added on 3/25/2004 (stb, ). (Entered: 03/23/2004)
812004-03-24 DEFENDANT'S MOTION TO EXTEND THE TIME A POST-TRIAL FILING IS DUE FILED BY A. WESLEY WYATT, CERTIFICATE OF COUNSEL,CERTIFICATE OF SERVICE.(mac, ) (Entered: 03/24/2004)
822004-03-26 ORDER THAT DEFENDANT'S MOTION TO EXTEND THE TIME DEFENDANT'S POST-TRIAL FILING IS GRANTED AND DEFENDANT SHALL FILE HIS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW NO LATER THAT 4/12/04. SIGNED BY JUDGE JAMES MCGIRR KELLY ON 3/26/04.3/29/04 ENTERED AND COPIES MAILED AND FAXED. (stb, ) (Entered: 03/29/2004)
832004-04-12 Proposed Findings of Fact and Conclusions of Law by DEFENDANT A. WESLEY WYATT, Exhibit Index, Certificate of Service. (jpd) (Entered: 04/13/2004)
842004-04-20 Reply Memorandum in Opposition to Defendant WYATT'S Proposed Findings and Conclusions by JOHN JOSEPH EDWARD. Certificate of Service (stb, ) Modified on 4/20/2004 (stb, ). Additional attachment(s) added on 4/22/2004 (stb, ). (Entered: 04/20/2004)
852004-07-14 MEMORANDUM AND ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT, AARON WESLY WYATT, AND AGAINST PLAINITFF JOHN JOSEPH EDWARDS. THIS CASE IS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY JUDGE JAMES MCGIRR KELLY ON 7/14/04. 7/14/04 ENTERED AND COPIES MAILED. (jpd) (Entered: 07/14/2004)
862004-08-11 NOTICE OF APPEAL as to 85 Order by PLIANTIFF JOHN JOSEPH EDWARD,Filing fee $ 255.00, receipt number 400 907834. Copies to Judge, Clerk USCA, Appeals Clerk and STEPHEN L. BRAGA, REBECCA HENSZEY EWING, CHRISTOPHER H. GRIGORIAN, BRIAN P. KENNEY, STEWART A. LEVY, JEFFREY A. ZUCKER, CERTIFICATE OF SERVICE. (jpd) (Entered: 08/11/2004)
872004-08-11 Clerk's Notice to USCA re 86 Notice of Appeal. (jpd) (Entered: 08/11/2004)
882004-08-19 Copy of TPO Form re 86 Notice of Appeal, : (jpd, ) (Entered: 08/19/2004)
892005-07-19 ORDER OF USCA THAT THE ORDER OF THE DISTRICT COURT ENTERED ON 7/14/04 IS REVERSED AND THE MATTER REMANDED FOR FURTHER PROCEEDINGS. COSTS TAXED AGAINST THE APPELLEE, A. WESLEY WYATT. THIS JUDGMENT SHOULD BE TREATED IN ALL RESPECTS AS A MANDATE. (pr, ) (Entered: 07/20/2005)
902005-07-21 ORDER THAT THE ABOVE CAPTIONED CASE IS REASSIGNED FROM THE CALENDAR OF THE HON. JAMES MCGIRR KELLY TO THE CALENDAR OF THE HON. PETRESE B. TUCKER.SIGNED BY JUDGE MICHAEL E. KUNZ ON 7/21/05. 7/21/05 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(cdd, ) (Entered: 07/21/2005)
912005-08-03 ORDER THAT A STATUS CONFERENCE WILL BE HELD BEFORE THE HONORABLE PETRESE B. TUCKER IN ROOM 9613 ON TUESDAY, SEPTEMBER 27, 2005 AT 3:00 P.M.; COUNSEL FOR ALL PARTIES SHALL SUBMIT A LETTER WITHIN TEN DAYS OF THE DATE OF THIS ORDER INDICATING THE STATUS OF THE ABOVE-CAPTIONED CASE. SIGNED BY JUDGE PETRESE B. TUCKER ON 8/2/05; 8/4/05 ENTERED AND COPIES MAILED AND FAXED.(tjd) Additional attachment(s) added on 8/5/2005 (jpd, ). (Entered: 08/04/2005)
922006-06-28 ORDER THAT THE ABOVE-CAPTIONED CASE SHALL BE LISTED FOR TRIAL ON MONDAY, 9/18/2006 AT 9:30 AM BEFORE HONORABLE PETRESE B. TUCKER. SIGNED BY JUDGE PETRESE B. TUCKER ON 6/22/06. 6/28/06 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 06/28/2006)
932006-08-24 PLAINTIFF JOHN JOSEPH EDWARD'S MOTION FOR PREJUDGMENT INTEREST,CERTIFICATE OF SERVICE. (jpd) (Entered: 08/24/2006)
942006-09-05 Proposed Findings of Fact and Conclusions of Law by JOHN JOSEPH EDWARD, A. WESLEY WYATT. (ZUCKER, JEFFREY) (Entered: 09/05/2006)
952006-09-06 NOTICE of Hearing: FINAL PRETRIAL CONFERENCE SET FOR 9/15/2006 11:00 AM BEFORE HONORABLE PETRESE B. TUCKER. (adr) (Entered: 09/06/2006)
962006-09-06 JOINT STIPULATION AND ORDER FOR TRIAL PROCEEDINGS THAT THE ONLY WIITNESSES TO TESTIFY AT THE SEPTEMBER 18 TRIAL WILL BE THE PLAINTIFF JOHN EDWARDS AND THE DEFENDANT WES WYATT, ETC. SIGNED BY JUDGE PETRESE B. TUCKER ON 9/6/06. 9/6/06 ENTERED AND COPIES MAILED. (jpd) (Entered: 09/06/2006)
972006-09-11 RESPONSE in Opposition re 93 MOTION for Prejudgment Interest by Plaintiff John Joseph Edwards filed by A. WESLEY WYATT. (ZUCKER, JEFFREY) (Entered: 09/11/2006)
982006-09-12 NOTICE of Withdrawal of Appearance by CHRISTOPHER H. GRIGORIAN on behalf of A. WESLEY WYATT, A. WESLEY WYATT (jpd, ) (Entered: 09/12/2006)
992006-09-12 MOTION to Quash Subpoena filed by A. WESLEY WYATT.Memorandum. (Attachments: # 1 Exhibit A)(ZUCKER, JEFFREY) (Entered: 09/12/2006)
1002006-09-13 TRIAL BRIEF filed by A. WESLEY WYATT. Service to Stephen Braga by email and regular mail (ZUCKER, JEFFREY) (Entered: 09/13/2006)
1012006-09-13 Proposed Findings of Fact and Conclusions of Law by A. WESLEY WYATT. Service to Stephen Braga by email and regular mail (ZUCKER, JEFFREY) (Entered: 09/13/2006)
1022006-09-14 PLAINTIFF JOHN JOSEPH EDWARD'S PROPOSED DISPUTED FINDINGS OF FACT AND CONCLUSIONS OF LAW, CERTIFICATE OF SERVICE. (jpd) Additional attachment(s) added on 11/30/2006 (bj, ). (Entered: 09/14/2006)
1032006-09-14 TRIAL MEMORANDUM OF PLAINTIFF OF JOHN JOSEPH EDWARD CERTIFICATE OF SERVICE. (jpd) Additional attachment(s) added on 11/30/2006 (bj, ). (Entered: 09/14/2006)
1042006-09-18 Minute Entry for Pretrial Conference held before Judge PETRESE B. TUCKER : held on 9/15/06. (jpd) (Entered: 09/18/2006)
1052006-10-10 Proposed Findings of Fact and Conclusions of Law by STEPHAN L. BRAGA. (BRAGA, STEPHEN) (Entered: 10/10/2006)
1062006-10-10 Proposed Findings of Fact and Conclusions of Law by A. WESLEY WYATT. to Stephen L. Braga (Attachments: # 1 Supplement Wyatt and Edwards testimony - First Trial_5-6-02# 2 Supplement Wyatt and Edwards testimony - First trial_5-7-02# 3 Supplement Wyatt and Edwards testimony - Second trial_2004)(ZUCKER, JEFFREY) (Entered: 10/10/2006)
1072006-10-12 TRANSCRIPT of Proceedings held on 9/18/06 before Judge TUCKER. Court Reporter: NANCY O'NEILL. TRIAL (jl, ) (Entered: 10/12/2006)
1082006-10-12 TRANSCRIPT of Proceedings held on 9/19/06 before Judge TUCKER. Court Reporter: NANCY O'NEILL. BENCH TRIAL (jl, ) (Entered: 10/12/2006)
1092006-10-13 Minute Entry for Bench Trial held before Judge PETRESE B. TUCKER on 9/18/06. (jpd) (Entered: 10/13/2006)
1102006-10-13 Minute Entry for Bench Trial held before Judge PETRESE B. TUCKER on 9/19/06. (jpd) (Entered: 10/13/2006)
1112006-10-13 MEMORANDUM AND ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT IN THE AMOUNT OF $4,290,000. SIGNED BY JUDGE PETRESE B. TUCKER ON 10/13/06. (Attachments: # 1 Order) 10/13/06 ENTERED AND COPIES MAILED AND E-MAILED. (jpd) (Entered: 10/13/2006)
1122006-10-23 MOTION to Amend/Correct Motion to Amend The Court's Findings and Judgment filed by JOHN JOSEPH EDWARD..(BRAGA, STEPHEN) (Entered: 10/23/2006)
1132006-10-27 MOTION for Reconsideration re 111 Judgment, filed by A. WESLEY WYATT.Motion for Reconsideration and Opposition to Plaintiff's Motion to Amend the Court's Findings and Judgment, Certificate of Service. (ZUCKER, JEFFREY) Modified on 11/6/2006 (fh) (Entered: 10/27/2006)
1142006-11-13 RESPONSE to 113 MOTION for Reconsideration re 111 Judgment, filed by JOHN JOSEPH EDWARD, Certificate of Service. (BRAGA, STEPHEN) Modified on 11/15/2006 (fh) (Entered: 11/13/2006)
1152006-11-21 MOTION for Leave to File a Brief Response to Plaintiff's Opposition to Defendant's Motion for Reconsideration filed by A. WESLEY WYATT.Certificate of Service.(CIANCI, PAUL) (Entered: 11/21/2006)
1162006-11-28 RESPONSE in Opposition re 115 MOTION for Leave to File a Brief Response to Plaintiff's Opposition to Defendant's Motion for Reconsideration filed by JOHN JOSEPH EDWARD, Certificate of Service. (BRAGA, STEPHEN) Modified on 11/29/2006 (np). (Entered: 11/28/2006)
1172007-01-16 MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION TO AMEND THE COURT'S FINDINGS AND JUDGMENT (DOC. NO.112) IS GRANTED IN PART AND DENIED IN PART. DEFENDANT WYATT'S MOTION FOR RECONSIDERATION AND OPPOSITION TO PLAINTIFF'S MOTION (DOC. NO. 114) IS DENIED AND IT IS FURTHER ORDERED THAT DEFENDANT'S MOTION FOR LEAVE TO FILE A REPLY TO PLAINITFF'S OPPOSITION TO DEFENDANT'S MOTION TO (DOC. NO. 115) IS DENEID. SIGNED BY JUDGE PETRESE B. TUCKER ON 1/16/07. 1/16/07 ENTERED AND COPIES MAILED AND E-MAILED. (jpd) (Entered: 01/16/2007)
1182007-02-12 NOTICE OF APPEAL as to 111 Judgment, 117 Order on Motion to Amend/Correct,,, Order on Motion for Reconsideration,,, Order on Motion for Leave to File,, by A. WESLEY WYATT, CERTIFICATE OF SERVICE. . Copies to Judge, Clerk USCA, Appeals Clerk and PAUL JOSEPH CIANCI (CIANCI, PAUL) Modified on 2/13/2007 (afm, ). (Entered: 02/12/2007)
1192007-02-12 Clerk's Notice to USCA re 118 Notice of Appeal, : (mac, ) (Entered: 02/14/2007)
1202007-02-21 Copy of TPO Form re 118 Notice of Appeal, : (jpd, ) (Entered: 02/21/2007)
1212007-02-26 NOTICE OF APPEAL by JOHN JOSEPH EDWARD. Copies to Judge, Clerk USCA, Appeals Clerk and STEPHEN L. BRAGA, Certificate of Service. (BRAGA, STEPHEN) Modified on 2/27/2007 (np). (Entered: 02/26/2007)
1222007-02-26 Clerk's Notice to USCA re 121 Notice of Appeal : (gn, ) (Entered: 02/27/2007)
1232007-03-12 Copy of TPO Form re 121 Notice of Appeal : (jpd, ) (Entered: 03/12/2007)
1242009-06-12 ORDER THAT A TELEPHONE CONFERENCE IS SCHEDULED FOR 6/30/2009 AT 10:00 AM. COUNSEL FOR THE PLAINTIFF SHALL INITIATE THE TELEPHONE CONFERENCE. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/10/09. 6/12/09 ENTERED AND COPIES MAILED, E-MAILED.(lisad, ) (Entered: 06/12/2009)
1252009-07-02 Certified copy of Order of USCA, dated 7/2/09, as to 121 Notice of Appeal filed by JOHN JOSEPH EDWARD, 118 Notice of Appeal, filed by A. WESLEY WYATT, that the mandate issued 6/8/09 is recalled. An amended judgment will be filed, which will include post-judgment interest, etc. (kw, ) (Entered: 07/06/2009)
1262009-07-02 Certified copy of Amended Judgment Order of USCA, dated 7/2/09, as to 121 Notice of Appeal filed by JOHN JOSEPH EDWARD, 118 Notice of Appeal, filed by A. WESLEY WYATT, that the judgment of the U.S.D.C. for the E.D. of PA entered 1/16/07, be and the same is hereby vacated & remanded. In accordance with the opinion of this court filed on 6/8/09, Edwards is awarded $1,842,850 plus post-judgment interest on that amount calculated from the date of the District Court's finding of liability on 10/13/06. No costs shall be taxed. The Clerk is directed to issue the mandate forthwith. (kw, ) (Entered: 07/06/2009)
1272009-07-15 SATISFACTION OF JUDGMENT signed by counsel for both parties by A. WESLEY WYATT. (CIANCI, PAUL) (Entered: 07/15/2009)