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HomeMy WebLinkAbout94-06885 Ule Ii IU ~l ,;/1 '911 I' qJ' II'I I r:l H' \il} I,ll I,; ,. " _.:~,'.4';..>O"--~" --. - - '".:, !,,:;;~..~....; I' , (l . . ! l j' . . , .. . '---' --.t I Sarah B. Davie. Identification No. 62873 MORGAN, LBWIS , BOCKIUS 2000 One Logan Square Philadelphia, PA 19103 (215) 963-5605 Attorney. for Defendant. Kiewit Ba.tern Co., Perini Corporation and Kiewit/Perini, A Joint Venture T.I. CONSTRUCTION COMPANY, INC. COURT O~ COHMON PLBAS O~ CUHBBRLAND COUNTY I I I I I I I I I CIVIL ACTION NO.1 v. KIBWIT BASTBRN COMPANY, PBRINI CORPORATION, KIBWIT/PBRINI, A JOINT VBNTURB, et a1. AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . . ss. COUNTY OF PHILADELPHIA Sarah E. Davies, being duly sworn according to law, deposes and states that she is an attorney for defendants Kiewit Eastern Company, Perini Corporation and Kiewit/Perini, a Joint Venture; she is authorized to make this Affidavit on their behalf; the address of defendants Kiewit Eastern Company and Kiewit/Perini, a Joint Venture is 1000 Kiewit Plaza, omaha, Nebraska 68131; the address of defendant Perini Corporation is 73 Mt. Wayne Avenue, Framingham, Massachusetts 01701; to the best of her knowledge, the last known address of plaintiff T.I. Construction Company, Inc. is 318 Belaire Drive, Camp Hill, PA 17011; and that the judgment reflected by Docket No. 91-CV-2638 of the United States District Court for the Eastern District of Pennsylvania is valid, enforceable .", is fi ed . -----.......... ~~- Davies Sworn to and Subscribed Before Me This I ,i Oav of S.,. ," ...t'. c 19 '1'1. rI"' -.! '....-y.' .:--,,:_-~..~~_I'_~. j" /;,,~( ,:/l..,,~<...' rJOTARIAL ~b\L nOSE\MElf K IJlA lTEAU nOI.,,., Public C,I'lOJ Pllol,1\.1111~l1ia_ rtldil C(Jlmr,. Mv CGn11l1l'!1Ifm E_fme'; ~~!Cr 1 1Me . Proceedings include all events. 2191cv2638 T.I. CONSTRUCTION CO v. KIEWIT EASTERN CO., et al CLOSED T.I. CONSTRUCTION COMPANY, INC. COUNTER-DEFENDANT ARTHUR L. GUTKIN [COR LD NTC] 1100 E. HECTOR STREET SUITE 328 CONSHOHOCKEN, PA 19428 USA ....--..-....-...==...-= . SARAH E. DAVIES [term 08/05/92] [COR LD NTC] MORGAN, LEWIS & BOCKIUS 2000 ONE LOGAN SQUARE PHlLA, PA 19103-6993 USA HANK ADAMS DEFENDANT [term 08/05/92] GLENN CHRISTENSON DEFENDANT [term 08/05/92] SARAH E. DAVIES [term 08/05/92] (See above) [COR LD NTC] DICK STERMER DEFENDANT [term 08/05/92] SARAH E. DAVIES [term 08/05/92] (See above) [COR LD NTC] MARK KEPPLER DEFENDANT [term 08/05/92] SARAH E. DAVIES [term 08/05/92] (See above) [COR LD NTC] RAYMOND ROTH DEFENDANT [term 08/05/92] SARAH E. DAVIES [term 08/05/92] (See above) [COR LD NTC] JOHN LOCKE DEFENDANT [term 07/15/92] EDWARD D. FOY, JR. [term 07/15/92] [COR LD NTC] SCOTT A. PETRI [term 07/15/92] [COR LD NTC] LIEDERBACH, HAHN, FOY, & PETRI, P,C. Docket as of November 23, 1994 9:44 am Page 3 .' Proceedings include all events. 2:91cv2638 T.I. CONSTRUCTION CO v. KIEWIT EASTERN CO., et al 4/24/91 1 4/24/91 4/24/91 4/24/91 2 5/3/91 3 5/15/91 4 6/14/91 5 6/14/91 6 6/14/91 7/17/91 7 7/23/91 8 7/23/91 7/31/91 CLOSED Complaint. filing fee $ 120 receipt /I 341334 (mrs) [Entry date 04/25/91] Snmmons(es) issued Forwarded to: mailed to counsel 04/25/91. (mrs) [Entry date 04/25/91] Demand for jury trial by PLAINTIFF T.I. CONSTRUCTION COMPANY, INC. (mrs) [Entry date 04/25/91] MOTION & ORDER, APPOINTING SPECIAL PROCESS SERVER NANCY CAHILL TO SERVE THE SUMMONS AND COMPLAINT UPON THE DEFENDANTS ( SIGNED BY JUDGE JAN E. DUBOIS) 04/25/91 ENTERED AND COPIES MAILED. (mrs) [Entry date 04/25/91] Acknowledgement of service as to DEFENDANT KIEWIT EASTERN CO. 4/30/91 (gn) Stipulation extending time to answer the complaint. Answer due on 6/14/91 for PERINI CORPORATION, with Clerk's approval. (gn) [Entry date 05/16/91] MOTION BY DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI TO DISMISS COUNT XV OF PLFF'S COMPLAINT, AND TO STRIKE SPECIFIC PUNITIVE DAMAGE DOLLAR AMOUNTS, MEMORANDUM, CERTIFICATE OF SERVICE. (gn) [Edit date 12/26/91] Answer to complaint; jury demand and counterclaim by DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANX KIEWIT/PERINI against T.I. CONSTRUCTION CO (gn) ISSUE JOINED. (gn) STIPULATION AND ORDER, EXTENDING TIME FOR PLFF TO RESPOND TO DEFTS' COUNTERCLAIM & DEFTS' MOTION TO DISMISS UNTIL 7/22/91. DEFTS SHALL HAVE THE RIGHT TO FILE A REPLY BRIEF TO PLFF'S RESPONSE TO THEIR MOTION TO DISMISS ON OR BEFORE 7/31/91. (SIGNED BY JUDGE JAN E. DUBOIS) 7/17/91 ENTERED AND COPIES MAILED. (gn) Amended complaint by PLAINTIFF T.I. CONSTRUCTION CO , amending [1-1] complaint against HANK ADAMS, GLENN CHRISTENSON, DICK STERMER, MARK KEPPLER, RAYMOND ROTH, JOHN LOCKE, JOHN SANTONI, JOHN. SULLIVAN, VINCENT MASCI, JOHN BUSHONG. (This was filed at the request of counsel). (gn) [Entry date 07/25/91] Summons (es) issued Forwarded to: counsel 7/25/91 (gn) [Entry date 07/25/91] Preliminary Pre-trial conference SET at 9:00 a.m. on 8/13/91 (gn) Docket as of November 23, 1994 9:44 am Page 6 " .' Proceedings include all events. 2:91cv2638 T.I. CONSTRUCTION CO v. KIEWIT EASTERN CO., et al 8/1/91 9 8/7/91 9/4/91 10 9/13/91 11 9/13/91 9/20/91 12 9/20/91 13 9/20/91 14 10/7/91 15 CLOSED STIPULATION AND ORDER, EXTENDING TIME FOR DEFTS KIEWIT EASTERN COMPANY, PERINI CORPORATION, KIEWIT/PERINI, GLENN CHRISTENSON, DICK STERMER, MARK KEPPLER AND RAYMOND ROTH TO ANSWER AMENDED COMPLAINT UNITL 9/12/91. (SIGNED BY JUDGE JAN E. DUBOIS) 8/1/91 ENTERED AND COPIES MAILED. (gn) pre-trial conference RESETTING at 9:00 a.m. on 9/19/91 (91-2433) (gn) [Edit date 08/07/91] STIPULATION AND ORDER THAT PLFF MAY FURTHER AMEND ITS AMENDED COMPLAINT ON OR BEFORE 9/13/91, ETC. DEFTS MAY MOVE, RESPOND OR OTHERWISE PLEAD TO THE AMENDED COMPLAINT WITHIN 14 DAYS OF PLFF'S FILING ETC. ( SIGNED BY JUDGE JAN E. DUBOIS ) 9/5/91 ENTERED AND COPIES MAILED. (jo) [Entry date 09/05/91] Second Amended complaint by PLAINTIFF T.I. CONSTRUCTION CO amending. [8-1] amended complaint against OPER ENGINEERS UNION (gn) [Entry date 09/16/91] Summons (es) on second amended complaint issued Forwarded to: counsel 9/16/91 (gn) [Entry date 09/16/91] [Edit date 12/26/91] ORDER THAT PLAINTIFF SHALL, WITHIN 30 DAYS OF THE DATE OF THIS ORDER, FILE AND SERVE UPON THE DEFENDANTS A RICO CASE STATEMENT AS DESCRIBED BELOW. SUCH STATEMENT SHALL BE IN A FORM THAT USES THE NUMBERS AND LETTERS SET FORTH BELOW AND SHALL INCLUDE THE FOLLOWING INFORMATION: 1. STATE WHETHER THE ALLEGED UNLAWFUL CONDUCT IS IN VIOLATION OF 18 U.S.C. 1962(a), (b), (c), AND/OR (d); 2. STATE AS TO EACH DEFENDANT (a) THE ALLEGED MISCONDUCT AND (b) THE BASIS OF LIABILITY; ETC. ( SIGNED BY JUDGE JAN E. DUBOIS ) 9/23/91 ENTERED AND COPIES MAILED. (hb) [Entry date 09/23/91] SCHEDULING ORDER SETTING DEADLINE FOR FILING OF ANY MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT IN CIVIL ACTION NO. 91-2368 SHALL BE FILED AND SERVED BY 10/7/91: DISCOVERY CUTOFF 3/31/92; TRIAL POOL DEADLINE SET FOR 5/18/92., ETC. (SIGNED BY JUDGE JAN E. DUBOIS) 9/23/91 ENTERED AND COPIES MAILED. (ag) [Entry date 09/23/91] . ORDER THAT THE [5-1] MOTION TO DISMISS COUNT XV OF PLFF'S COMPLAINT, [5-2] MOTION TO STRIKE SPECIFIC PUNITIVE DAMAGE DOLLAR AMOUNTS IS DENIED AS MOOT ( SIGNED BY JUDGE JAN E. DUBOIS ) 09/23/91 ENTERED AND COPIES MAILED. (td) [Entry date 09/23/91] Answer and Affirmative Defenses by KIEWIT EASTERN CO., PERINI CORPORATION, KIEWIT/PERINI, HANK ADAMS, GLENN CHRISTENSON, DICK STERMER, MARK KEPPLER, RAYMOND ROTH to second amended complaint; jury demand; and counterclaims against plaintiff, T.I. CONSTRUCTION COMPANY, INC. (gn) [Entry date 10/08/91] [Edit date 10/08/91] Docket as of November 23, 1994 9:44 am Page 7 Proceedings include all events. 2:91cv2638 T.I. CONSTRUCTION CO v. KIEWIT EASTERN CO., et al 10/7/91 16 10/7/91 17 10/11/91 18 11/1/91 19 11/7 /91 20 11/12/91 21 11/12/91 22 11/13/91 23 11/18/91 24 12/4/91 25 CLOSED MOTION BY DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI, DEFENDANT HANK ADAMS, DEFENDANT GLENN CHRISTENSON, DEFENDANT DICK STERMER, DEFENDANT MARK KEPPLER, DEFENDANT RAYMOND ROTH TO DISMISS COUNT XV OF PLFF'S SECOND AMENDED COMPLAINT. (gn) [Entry date 10/08/91] Memorandum by DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI, DEFENDANT HANK ADAMS, DEFENDANT GLENN CHRISTENSON, DEFENDANT DICK STERI1ER, DEFENDANT MARK KEPPLER, DEFENDANT RAYMOND ROTH in support of [16-1] MOTION TO DISMISS COUNT XV OF PLFF'S SECOND AMENDED COMPLAINT, Certificate of Service. (gn) [Entry date 10/08/91] ORDER THAT C.A. 91-2433 IS VOLUNTARYILY DISMISSED WITHOUT PREJUDICE TO THE RIGHT OF T.I. CONSTRUCTION CO., INC., TO PROCEED AGAINST THE DEFTS, KIEWIT EASTERN CO., PERINI CORP., AND KIEWIT/PERINI, A JOINT VENTURE, IN C.A. 91-2638. ( SIGNED BY JUDGE JAN E. DUBOIS ) 10/15/91 ENTERED AND COPIES MAILED. (jo) [Entry date 10/15/91] Rico Statement by PLAINTIFF T.I. CONSTRUCTION CO., Certificate of Service. (gn) Memorandum by PLAINTIFF T.I. CONSTRUCTION CO in opposition to [16-1] MOTION TO DISMISS COUNT XV OF PLFF'S SECOND AMENDED COMPLAINT, Certificate of Service. (gn) Appearance of EDWARD D. FOY JR., SCOTT ANDREW PETRI for DEFENDANT JOHN LOCKE, DEFENDANT JOHN SANTONI, DEFENDANT JOHN SULLIVAN, DEFENDANT VINCENT MASCI, DEFENDANT OPER ENGINEERS UNION (gn) [Entry date 11/13/91] Response by PLAINTIFF T.I. CONSTRUCTION CO to [16-1] MOTION TO DISMISS COUNT XV OF PLFF'S SECOND AMENDED COMPLAINT, Memorandum, Certificate of Service. (gn) [Entry date 11/13/91] MOTION BY DEFENDANT JOHN LOCKE, DEFENDANT JOHN SANTONI, DEFENDANT JOHN. SULLIVAN, DEFENDANT VINCENT MASCI, DEFENDANT OPER ENGINEERS UNION TO DISMISS PLFF'S SECOND AMENDED COMPLAINT, MEMORANDUM, CERTIFICATE OF SERVICE. (gn) Reply brief by DEFENDANT KIEWIT/PERINI in support of [16-1] MOTION TO DISMISS COUNT XV OF PLFF'S SECOND AMENDED COMPLAINT, Certificate of Service. (gn) [Entry date 11/19/91] Reply Brief by DEFENDANT JOHN LOCKE, DEFENDANT JOHN SANTONI, DEFENDANT JOHN SULLIVAN, DEFENDANT VINCENT MASCI, DEFENDANT OPER ENGINEERS UNION to [23-1] MOTION TO DISMISS PLFF'S SECOND AMENDED COMPLAINT, Certificate of Service. (gn) Docket as of November 23, 1994 9:44 am Page 8 Proceedings include all events. 2191cv2638 T.I. CONSTRUCTION CO v. KIEWIT EASTERN CO., et al [Edit date 12/05/91] 12/6/91 26 12/6/91 12/6/91 12/9/91 27 12/12/91 28 12/31/91 29 12/31/91 30 1/27/92 31 3/12/92 :'>2 3/24/92 33 CLOSED Request for default by DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI as to PLAINTIFF T.I. CONSTRUCTION CO., Affidavit, Certificate of Service. (gn) [Edit date 12/06/91] Default by PLAINTIFF T.I. CONSTRUCTION CO for failure to plead on the counterclaims. (gn) DEFAULT ENTERED. (gn) Answer by T.I. CONSTRUCTION CO to [6-2] counterclaim, Certificate of Service. (gn) [Entry date 12/10/91] MOTION BY PLAINTIFF T.I. CONSTRUCTION CO FOR RELIEF FROM JUDGMENT PURSUANT TO RULE 60(b), MEMORANDUM, CERTIFICATE OF SERVICE. (gn) Response by DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI, DEFENDANT HANK ADAMS, DEFENDANT GLENN CHRISTENSON, DEFENDANT DICK STERMER, DEFENDANT MARK KEPPLER, DEFENDANT RAYMOND ROTH to [28-1] FOR RELIEF FROM JUDGMENT PURSUANT TO RULE 60(b). (jo) [Entry date 01/02/92] Memorandum by DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI, DEFENDANT HANK ADAMS, DEFENDANT GLENN CHRISTENSON, DEFENDANT DICK STERMER, DEFENDANT MARK KEPPLER, DEFENDANT RAYMOND ROTH in opposition to [28-1] MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO RULE 60(b), Certificate of Service. (jo) [Entry date 01/02/92] Reply Memorandum by PLAINTIFF T.I. CONSTRUCTION CO in support of [28-1] MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO RULE 60(b), Certificate of Service. (gn) ORDER GRANTING [28-1] MOTION FOR RELIEF FROM JUDGMENT PURSUANT TO RULE 60(b), AND SETTING ASIDE DEFAULT ENTERED ON 12/6/91 (SIGNED BY JUDGE JAN E. DUBOIS) 3/12/92 ENTERED AND COPIES MAILED. (gn) STIPULATION AND ORDER THAT THE ISSUE OF ATTORNEYS' FEES ALLOWED TO THE PREVAILING PARTY UNDER SECTION 20 OF THE SUBCONTRACT BETWEEN KIEWIT/PERINI & T.I. CONSTRUCTION CO., SHALL BE HANDLED PROCEDURALLY IN THE SAME MANNER AS SUCH ISSUE HANDLED UNDER THE CIVIL RIGHTS ACT, ETC. THAT IS, ATTORNEYS' FEES AWARDED TO THE PREVAILING PARTY SHALL BE ASSESSED AS COSTS BY THE DISTRICT COURT FOLLOWING FINAL DISPOSITION OF THE CASE IN THE DISTRICT COURT. (SIGNED BY JUDGE JAN E. DUBOIS) 3/25/92 ENTERED AND COPIES MAILED. (gn) [Entry date 03/25/92] Docket as of November 23, 1994 9144 am Page 9 Proceedings include all eventH. 2:91cv2638 T.I. CONSTRUCTION CO v. KIEWIT EASTERN CO., et al 4/8/92 34 4/29/92 35 5/11/92 36 5/11/92 37 5/14/92 38 5/14/92 39 5/26/92 40 5/26/92 41 6/1/92 42 CLOSED MOTION BY DEFENDANT JOHN LOCKE, DEFENDANT JOHN SANTONI, DEFENDANT JOHN SULLIVAN, DEFENDANT VINCENT MASCI, DEFENDANT OPER ENGINEERS UNION TO DISMISS COUNT XV OF PLAINTIFF'S SECOND AMENDED COMPLAINT OR, IN THE ALTERNATIVE COMPELLING DISCOVERY, EXTENDING DISCOVERY DEADLINE AND FOR COSTS, MEMORANDUM, CERTIFICATE OF SERVICE. (jo) [Entry date 04/09/92] Certification of Counsel of Scott Andrew Petri reI no response by plff to defts' supplemental motion to dismiss Count XV of plff's second amended complaint. (gn) ORDER, SET MISCELLANEOUS HEARING TO 4:45 5/26/92 FOR [34-1] MOTION TO DISMISS COUNT XV OF PLAINTIFF'S SECOND AMENDED COMPLAINT, TO 4:45 5/26/92 FOR [34-2] MOTION COMPELLING DISCOVERY, EXTENDING DISCOVERY DEADLINE AND FOR COSTS (SIGNED BY JUDGE JAN E. DUBOIS) 5/11/92 ENTERED AND COPIES MAILED BY CHAMBERS. (gn) [Edit date 05/11/92] MOTION BY DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI FOR PARTIAL SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE. (gn) [Entry date 05/12/92] STIPULATION AND ORDER THAT THE PARTIES AGREE TO THE FOLLOWING SPECIFIC NON-RICO DISCOVERY MATTERS TO BE COMPLETED BY 6/30/92; SUPPLEMENTAL DOCUMENT PRODUCTION BY BOTH PARTIES; SUPPLEMENTAL RESPONSES TO INTERROGATORIES BY KIEWIT ptR LETTER AGREEMENT OF 5/7/92; THE SCHEDULING ORDER OF 9/19/91 IS MODIFIED ONLY TO THE EXTENT OF SUSPENDING THE TRIAL LISTING OF 5/18/92, ETC. (SIGNED BY JUDGE JAN E. DUBOIS) 5/14/92 ENTERED AND COPIES MAILED. (gn) [Edit date 05/18/92] Joinder by DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI in [34-1] MOTION TO DISMISS COUNT XV OF PLAINTIFF'S SECOND AMENDED COMPLAINT, Certificate of Service. (gn) [Entry date 05/15/92] Response by PLAINTIFF T.I. CONSTRUCTION CO. to [34-1] MOTION TO DISMISS COUNT XV OF PJ~INTIFF'S SECOND AMENDED [34-2] MOTION COMPELLING DISCOVERY, EXTENDING DISCOVERY DEADLINE AND FOR COSTS, Memorandum. (gn) [Entry date OS/27/9~] ORDER THAT THE CONFERENCE SCHEDULED IN THIS CASE FOR 5/26/92 AT 4:45 P.M. IS CANCELLED. (SIGNED BY JUDGE JAN E. DUBOIS) 5/27/92 ENTERED AND COPIES MAILED. (gn) [Entry date OS/27/92] Answer by PLAINTIFF T.I. CONSTRUCTION CO to [37-1] MOTION FOR PARTIAL SUMMARY JUDGMENT, Certificate of Service. (jo) Docket as of November 23, 1994 9:44 am Page 10 '. ., Proceedings include all events. 2:91cv2638 T.I. CONSTRUCTION CO v. KIEWIT EASTERN CO., et al 6/1/92 43 6/11/92 44 6/11/92 45 7/7/92 46 7/15/92 47 7/15/92 48 7/16/92 49 8/5/92 50 CLOSED Memorandum by PLAINTIFF T.I, CONSTRUCTION CO in support of [42-1] motion response, Certificate of Service. (jo) Appearance of SARAH E. DAVIES for DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI, DEFENDANT HANK ADAMS, DEFENDANT GLENN CHRISTENSON, DEFENDANT DICK STERMER, DEFENDANT MARK KEPPLER, DEFENDANT RAYMOND ROTH (gn) [Entry date 06/12/92] Reply Memorandum by DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI, DEFENDANT HANK ADAMS, DEFENDANT GLENN CHRISTENSON, DEFENDANT DICK STERMER, DEFENDANT MARK KEPPLER, DEFENDANT RAYMOND ROTH [37-1] MOTION FOR PARTIAL SUMMARY JUDGMENT, Certificate of Service.. (gn) [Entry date 06/12/92] Supplemental Memorandum of Law of PLAINTIFF T.I. CONSTRUCTION CO in answer to deft's motion for partial summary judgment in reference to "Termination for Convenience" Clause, Certificate of Service. (gn) [Entry date 07/08/92] Letter from Joseph A. Torregrossa dated 7/8/92 reI Stipulation (gn) STIPULATION AND ORDER THAT THE CAUSE OF ACTION BROUGHT BY PLFF AGAINST DEFTS, LOCAL 542, I.U.O.E., VINCENT MASCI, JOHN SULLIVAN, JOHN BUSHONG, JOHN LOCKEE AND JOHN SANTONI IS DISMISSED WITH PREJUDICE; AND DEFTS LOCAL 542, I.U.O.E., VINCENT MASCI, JOHN SULLIVAN, JOHN LOCKEE AND JOHN SANTONI AGREE NOT TO PURSUE RULE 11 SANCTIONS AGAINST PLFF OR PLFF'S COUNSEL, ARTHUR L. GUTKIN, ESQ. DEFTS LOCAL 542, I.U.O.E., VINCENT MASCI, JOHN BUSHONG, JOHN SULLIVAN, JOHN LOCKEE AND JOHN SANTONI AGREE TO WITHDRAW ANY PREJUDICE ANY AND ALL OUTSTANDING MOTIONS PRESENTLY PENDING BEFORE THE COURT RELATIVE TO THIS LITIGATION, ETC. (SIGNED BY JUDGE JAN E. DUBOIS) 7/15/92 ENTERED AND COPIES MAILED. (gn) Response by DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORAT~ON, DEFENDANT KIEWIT/PERINI, DEFENDANT HANK ADAMS, DEFENDANT GLENN CHRISTENSON, DEFENDANT DICK STERMER, DEFENDANT MARK KEPPLER, DEFENDANT RAYMOND ROTH to plff's supplemental memorandum of law in answer to defts' motion for partial summary judgment in reference to the "Termination for Convenience" Clause, Certificate of Service. (gn) [Entry date 07/17/92] ORDER DENYING AS MOOT [23-1] MOTION TO DISMISS PLFF'S SECOND AMENDED COMPLAINT (SIGNED BY JUDGE JAN E. DUBOIS) 8/6/92 ENTERED AND COPIES MAILED. (gn) [Entry date 08/06/92] Docket as of November 23, 1994 9:44 am Page 11 . . .. Proceedings include all events. 2:91cv2638 T.I. CONSTRUCTION CO v. KIEWIT EASTERN CO., et al 8/5/92 51 8/5/92 52 9/8/92 53 9/8/92 54 9/10/92 55 9/11/92 9/23/92 9/24/92 56 10/6/92 57 CLOSED ORDER DENYING AS MOOT [34-1] MOTION TO DISMISS COUNT XV OF PLAINTIFF'S SECOND AMENDED COMPLAINT; DENYING AS MOOT [34-2] MOTION COMPELLING DISCOVERY, EXTENDING DISCOVERY DEADLINE AND FOR COSTS ( SIGNED BY JUDGE JAN E. DUBOIS ) 8/6/92 ENTERED AND COPIES MAILED. (gn) [Entry date 08/06/92] MEMORANDUM AND ORDER GRANTING [16-1] MOTION TO DISMISS COUNT XV OF PLFF'S SECOND AMENDED COMPLAINT, AND IT IS FURTHER ORDERED THAT THE ACTION IS DISMISSED AS TO DEFTS, HANK ADAMS, GLENN CHRISTENSON, DICK STERMER, MARK KEPPLER AND RAYMOND ROTH, BECAUSE THEY ARE NAMED AS DEFTS IN COUNT XV OF PLLF'S SECOND AMENDED COMPLAINT ONLY. (SIGNED BY JUDGE E. DUBOIS) 8/6/92 ENTERED AND COPIES MAILED. (gn) [Entry date 08/06/92] Notice of appeal by PLAINTIFF T.I. CONSTRUCTION CO from order entered 8/6/92 dismissing Count XV. Fee Status: $105.00 Appeal record due on 10/8/92 Copies to JUDGE JAN E. DUBOIS, Clerk USCA, Appeals Clerk, and SARAH E. DAVIES, JOSEPH A. TORREGROSSA, THOMAS G. WILKINSON JR., Certificate of Service. (gn) [Entry date 09/09/92] Copy of Clerk's notice to USCA reI [53-1] appeal. (gn) [Entry date 09/09/92] ORDER, SET IN CHAMBERS CONFERENCE FOR 4:45 9/17/92 (SIGNED BY JUDGE JAN E. DUBOIS) 9/10/92 ENTERED AND COPIES MAILED BY CHAMBERS. (gn) Notice of Docketing ROA from USCA Re: [53-1] appeal USCA NUMBER: 92-1740. 9/14/92 (gn) [Entry date 09/14/92] RECORD COMPLETE FOR PURPOSES OF APPEAL (cc) AMENDED SCHEDULING ORDER THAT THE PARTIES SHALL REPORT TO THE COURT IN WRITING ON OR BEFORE 10/5/92, WITH RESPECT TO THE SETTLEMENT OF THE CASE. IN THE EVENT THE CASE IS NOT SETTLED ON OR BEFORE 10/5/92, IT IS ORDERED THAT IT SHALL PROCEED ON THE FOLLOWING SCHEDULE: THE PARTIES REPORTED THAT ALL DISCOVERY HAD BEEN COMPLETED; ALL PARTIES SHALL PREPARE AND FILE WITH THE CLERK OF COURT THEIR PRETRIAL MEMORANDA, IN ACCORDANCE WITH THIS COURT'S SCHEDULING ORDER OF 9/19/91. ALL CONTRARY PROVISIONS OF THIS COURT'S SCHEDULING ORDER OF 9/19/91, AS AMENDED, ARE VACATED. ALL OTHER PROVISIONS OF REMAIN IN EFFECT UNLESS THE CASE IS TRANSFERRED TO ARBITRATION, ETC. ( SIGNED BY JUDGE JAN E. DUBOIS) 9/25/92 ENTERED AND COPIES MAILED. (gn) [Entry date 09/25/92] [Edit date 09/25/92] Certified copy of order from USCA dated 10/5/92. Re: [53-1] appeal dismissed by the Clerk under the authority conferred upon her. by Rule 42b, Federal Rules of Appellate Procedure without cost to either party. (gn) Docket as of November 23, 1994 9:44 am Page 12 ., Proceedings include all events. 2:91cv2636 T.I. CONSTRUCTION CO v. KIEWIT EASTERN CO., et al 12/9/92 56 12/11/92 59 1/7/93 60 1/14/93 61 1/19/93 62 1/19/93 63 1/19/93 64 1/27/93 65 CLOSED MEMORANDUM AND ORDER GRANTING [37-1] MOTION FOR PARTIAL SUMMARY JUDGMENT. IT IS FURTHER ORDERED THAT COUNTS I, IX AND XI OF PLFF'S SECOND AMENDED COMPLAINT ARE REFERRED TO ARBITRATION PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 6 FOR ASSIGNMENT TO A PANEL OF ARBITRATORS FOR TRIAL ON 1/11/93 SET SCHEDULING ORDER DEADLINES: TRIAL DATE SET FOR 1/11/93 ( SIGNED BY JUDGE JAN E. DUBOIS) 12/10/92 ENTERED AND COPIES MAILED. (gn) [Entry date 12/10/92] MEMORANDUM AND ORDER GRANTING DEFENDANTS' [37-1] MOTION FOR PARTIAL SUMMARY JUDGMENT; AND THAT COUNTS I, IX AND XI OF PLFF'S SECOND AMENDED COMPLAINT ARE REFERRED TO ARBITRATION PURSUANT TO L.R.C.P. 6 FOR ASSIG~IENT TO A PANEL OF ARBITRATORS FOR TRIAL ON 1/11/93 OR AS SOON THEREAFTER AS THE TRIAL CAN BE SCHEDULED. (SIGNED BY JUDGE JAN E. DUBOIS) 12/14/92 ENTERED AND COPIES MAILED (ap) [Entry date 12/14/92] MOTION by PLAINTIFF T.I. CONSTRUCTION CO FOR ARTHUR L. GUTKIN, ESQ., TO WITHDRAW APPEARANCE, MEMORANDUM, CERTIFICATE OF SERVICE. (SC) ORDER, MOTION HEARING SET FOR 4:00 1/29/93 IN COURTROOM 12-B FOR [60-1] MOTION FOR ARTHUR L. GUTKIN, ESQ., TO WITHDRAW APPEARANCE. ( SIGNED BY JUDGE JAN E. DUBOIS) 1/15/93 ENTERED AND COPIES MAILED. (gn) [Entry date 01/15/93] Response by DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI to [60-1] MOTION FOR ARTHUR L. GUTKIN, ESQ., TO WITHDRAW APPEARANCE, Certificate of Service. (gn) MOTION by DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI FOR SUMMARY JUDGMENT ON PLFF'S REMAINING CLAIMS (COUNTS 1, IX AND XI), CERTIFICATE OF SERVICE. (gn) Memorand~m by DEFENDANT KIEWIT EASTERN CO., DEFENDANT PERINI CORPORATION, DEFENDANT KIEWIT/PERINI in support of [63-1] MOTION FOR SUMMARY JUDGMENT ON PLFF'S REMAINING CLAIMS (COUNTS 1, IX AND XI), Certificate of Service. (gn) ORDER, THAT THE HEARING ON THE MOTION OF ARTHUR L. GUTKIN, ESQ. TO WITHDRAW APPEARANCE, PREVIOUSLY SCHEDULED FOR 1/29/93 AT 4:00 IS RESCHEDULED MOTION HEARING reset for 5:00 1/29/93 for [60-1] MOTION FOR ARTHUR L. GUTKIN, ESQ., TO WITHDRAW APPEARANCE. IT IS FURTHER ORDERED THAT A. DIXIE EVANS, PRESIDENT OF PLFF, T.I. CONSTRUCTION COMPANY, INC., SHALL ATTEND THE HEARING. ( SIGNED BY JUDGE JAN E. DUBOIS ) 1/27/93 ENTERED AND COPIES MAILED. (gn) [Edit date 01/27/93] Docket as of November 23, 1994 9:44 am Page 13 . . '. Proceedings include all events. 2:91cv2638 T.I. CONSTRUCTION CO v. KIEWIT EASTERN CO., et al 2/2/93 66 2/2/93 67 2/2/93 68 2/18/93 69 2/22/93 70 3/17/93 71 3/31/93 72 4/22/93 73 4/26/93 74 4/26/93 75 5/26/93 76 6/11/93 77 CLOSED Notice oj hearing: set ARBITRATION HEARING FOR 9:30 3/17/93 (gn) ORDER DENYING [63-1J MOTION FOR SUMMARY JUDGMENT ON PLFF'S REMAINING CLAIMS (COUNTS 1, IX AND XI). IT IS FURTHER ORDERED THAT THE CASE SHALL BE ASSIGNED TO A PANEL OF ARBITRATORS ON 2/8/93, OR AS SOON THEREAFTER AS THAT CAN BE ARRANGED, FOR TRIAL ON REASONABLE NOTICE. ( SIGNED BY JUDGE JAN E. DUBOIS ) 2/2/93 ENTERED AND COPIES MAILED. (gn) ORDER WITHDRAWING [60-1] MOTION FOR ARTHUR L. GUTKIN, ESQ., TO WITHDRAW APPEARANCE (SIGNED BY JUDGE JAN E. DUBOIS) 2/2/93 ENTERED AND COPIES MAILED. (gn) ORDER REFERRING CASE TO ARBITRATION 9:30 3/17/93 AND APPOINTING JAY LEVlN, ESQ. LANGDON HARRIS, ESQ. AND LEONARD FLICK, ESQ. AS ARBITRATORS. (SIGNED BY JUDGE JAN E. DUBOIS) ENTERED AND COPIES MAILED. (gn) [Entry date 02/19/93] Transcript of Hearing 1/29/93. (gn) ARBITRATION AWARD 3/17/93 ENTERED AND COPIES MAILED. (gn) ORDER THAT LEONARD FLICK, ESQ. IS REPLACED AS AN ARBITRATOR IN THIS ACTION SCHEDULED FOR HEARING AT 9:30 A.M. ON 3/17/93.. IT IS FURTHER ORDERED THAT AVRAM ADLER, ESQ. IS APPOINTED TO SERVE AS ARBITRATOR IN THIS ACTION ( SIGNED BY JUDGE JAN E. DUBOIS ) 3/31/93 ENTERED AND COPIES MAILED. (td) SECOND MOTION by MOVANT ARTHUR L. GUTKIN FOR ARTHUR GUTKIN TO WITHDRAW AS ATTORNEY , MEMORANDUM, CERTIFICATE OF SERVICE. (gn) [Edit date 04/22/93] Request for trial de novo by PLAINTIFF T.I. CONSTRUCTION CO (gn) ORDER GRANTING [73-1] MOTION FOR ARTHUR GUTKIN TO WITHDRAW AS ATTORNEY (TERMINATED attorney ARTHUR L. GUTKIN for ARTHUR L. GUTKIN, attorney ARTHUR L. GUTKIN for T.I. CONSTRUCTION CO ( SIGNED BY JUDGE JAN E. DUBOIS) 4/27/93 ENTERED AND COPIES MAILED. (gn) [Entry date 04/27/93] Appearance of VICTOR P. STABILE for PLAINTIFF T.I. CONSTRUCTION CO., Certificate of Service. (gn) Notice of hearing: set STATUS CONFERENCE FOR 4:45 6/21/93 (gn) Docket as of November 23, 1994 9:44 am Page 14 ! " Proceedings include all events. 2:91cv2638 T.I. CONSTRUCTION CO v. KIEWIT EASTERN CO., et al 6/22/93 78 6/22/93 79 6/22/93 6/30/93 80 6/30/93 81 7/6/93 7/13/93 82 7/14/93 10/13/94 83 CLOSED STIPULATION AND ORDER THAT T.I. HEREBY WITHDRAWS ITS APPEAL FOR A TRIAL DE NOVO OF THE ARBITRATION AWARD ENTERED AGAINST IT AND IN FAVOR OF KIEWIT DATED AND ENTERED ON 3/17/93. THE COURT SHALL ENTER FINAL JUDGMENT IN FAVOR OF KIEWIT AND AGAINST T.I. IN ACCORDANCE WITH THE ARBITRATION AWARD DATED AND ENTERED ON 3/17/93; NAMELY, JUDGMENT SHALL BE ENTERED AGAINST T.I. AND IN KIEWIT'S FAVOR WITH RESPECT TO T.I.'S CLAIMS & AGAINST T.I. AND IN KIEWIT'S FAVOR IN THE AMOUNT OF #36,115 WITH RESPECT TO KIEWIT'S COUNTERCLAIM., ETC. ( SIGNED BY JUDGE JAN E. DUBOIS) 6/23/93 ENTERED AND COPIES MAILED. (gn) [Entry date 06/23/93] . ORDER THAT JUDGMENT IS ENTERED for KIEWIT EASTERN CO., PERINI CORPORATION, KIEWIT/PERINI against T.I. CONSTRUCTION CO for $36,155. JUDGMENT IS ENTERED IN FAVOR OF KIEWIT EASTERN CO., PERINI CORP. & KIEWIT/PERINI, A JOINT VENTURE, & AGAINST PLFF, T.I. CONSTRUCTION CO., INC., ON COUNTS II, II, IV, V, VI, VII, VIII, X, XII & XIII OF THE SECOND AMENDED COMPLAINT, ETC. 6/23/93 ENTERED AND COPIES MAILED. ( SIGNED BY JUDGE JAN E. DUBOIS ) (gn) [Entry date 06/23/93] Case closed (kv) [Entry date 06/28/93] Notice of appeal by PLAINTIFF T.I. CONSTRUCTION CO from the final judgment order entered on 6/23/93. Fee Status: $105.00 . Appeal record due on 7/30/93 Copies to: JUDGE JAN E. DUBOIS , Clerk USCA, Appeals Clerk, and ARTHUR L. GUTKIN, SARAH E. DAVIES, JOSEPH A. TORREGROSSA, THOMAS WILKINSON JR., Certificate of Service. (gn) Copy of Clerk's notice to USCA re: [80-1] appeal. (gn) Notice of Docketing ROA from USCA Re: [80-1] appeal USCA NUMBER: 93-1631 . 7/7/93 (gn) [Entry date 07/07793] Copy of :PO form ref: [80-1] appeal . (gn) RECORD COMPLETE FOR PURPOSES OF APPEAL - TRANSCRIPTS NOT NEEDED. (mk) Certified copy of order from USCA dated 10/11/94 Re: [80-1] appeal. Order that judgment of the district court entered on 6/23/93 is hereby affirmed. Costs taxed against appellant. (gn) Docket as of November 23, 1994 9:44 am Page 15