Free Letter Transmitting Notice of Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

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Filed 02/26/2008

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APPEAL, SM, STLMT, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:01-cv-00413-JLK-BNB

M.D. Mark, Inc. v. Kerr-McGee Corp, et al Assigned to: Judge John L. Kane Referred to: Magistrate Judge Boyd N. Boland Demand: $0 Case in other court: USCA, 08-01040 Denver Cty Dist Ct, 2001cv856 Cause: 28:1332 Diversity-Breach of Contract Plaintiff M.D. Mark, Inc.

Date Filed: 03/07/2001 Date Terminated: 09/28/2007 Jury Demand: Both Nature of Suit: 190 Contract: Other Jurisdiction: Diversity

represented by Daniele William Bonifazi Pelz, Bonifazi & Inderwish, P.C. 1873 South Bellaire Street #1401 Denver, CO 80222-4347 303-691-5600 Fax: 303-691-5606 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Harlan Peter Pelz Pelz, Bonifazi & Inderwish, P.C. 1873 South Bellaire Street #1401 Denver, CO 80222-4347 303-691-5600 Fax: 303-691-5606 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Kerr-McGee Corporation represented by Christine Kessler Lamb Hale Friesen, LLP 1430 Wynkoop Street #300 Denver, CO 80202 720-904-6000

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Fax: 720-904-6006 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED David R. Hammond Davis Graham & Stubbs, LLP-Denver 1550 17th Street #500 Denver, CO 80202 303-892-9400 Fax: 303-893-1379 Email: [email protected] TERMINATED: 08/28/2003 LEAD ATTORNEY Gregory E. Goldberg Holland & Hart, LLP-Denver P.O. Box 8749 555 17th Street #3200 Denver, CO 80201-8749 303-295-8099 Fax: 303-727-5848 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott S. Barker Holland & Hart, LLP-Denver P.O. Box 8749 555 17th Street #3200 Denver, CO 80201-8749 303-295-8513 Fax: 303-295-8261 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED M. Antonio Gallegos Holland & Hart, LLP-Denver P.O. Box 8749 555 17th Street #3200 Denver, CO 80201-8749 303-295-8313 Fax: 303-713-6297 Email: [email protected]

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CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

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Marie R. Yeates Vinson & Elkins, LLP-Houston 1001 Fannin Street First City Tower #2500 Houston, TX 77002-6760 713-758-4576 Fax: 713-615-5544 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Oryx Energy Company represented by Christine Kessler Lamb (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED David R. Hammond (See above for address) TERMINATED: 08/28/2003 LEAD ATTORNEY Scott S. Barker (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED M. Antonio Gallegos (See above for address) ATTORNEY TO BE NOTICED Gregory E. Goldberg (See above for address) Special Master Peter A. Bjork Esq. represented by Peter A. Bjork 1600 Stout Street Suite 1400 Denver, CO 80202 PRO SE

Date Filed 03/07/2001 03/07/2001 03/07/2001

# 1 2

Docket Text NOTICE OF REMOVAL from Denver Cty Dist Ct Case Number: 2001cv856 (bpm) (Entered: 03/08/2001) CERTIFICATE of filing by defendants (bpm) (Entered: 03/08/2001) COMPLAINT (Summons(es) issued); jury demand (bpm) (Entered: 03/08/2001)

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03/07/2001 03/07/2001 03/16/2001 3 4

FILING FEE PAID: on 3/7/01 in the amount of $ 150, receipt # 224808. (bpm) (Entered: 03/08/2001) MOTION by defendants for extension of time to answer to 4/3/01 (former empl) (Entered: 03/12/2001) MINUTE ORDER : by Judge John L. Kane granting dfts' motion for extension of time to answer to 4/3/01 [3-1] (cc: all counsel) ; entry date : 3/20/01 (former empl) (Entered: 03/20/2001) Amended Certificate of Compliance by defendant re: motion for extension of time to answer to 4/3/01 [3-1] (former empl) (Entered: 03/22/2001) MINUTE ORDER : by Judge John L. Kane ; rule 16 scheduling conference set for 1:00 5/15/01, parties to submit a stipulated scheduling and discovery order by 5/8/01 (cc: all counsel) ; entry date : 3/28/01 (former empl) (Entered: 03/28/2001) ANSWER by defendant to complaint [0-1] (former empl) (Entered: 04/04/2001) MOTION by defendants to (change) transfer venue to USDC for the Northern Dist of Texas (Dallas) (pap) (Entered: 04/19/2001) BRIEF by defendants in support of motion to (change) transfer venue to USDC for the Northern Dist of Texas (Dallas) [8-1] (pap) (Entered: 04/19/2001) MINUTE ORDER : by Judge John L. Kane regarding [8-1] motion to (change) transfer venue to USDC for the Northern Dist of Texas (Dallas), pla shall respond by 5/1/01 and dft may reply by 5/11/01. (cc: all counsel) ; entry date : 4/20/01 (pap) (Entered: 04/20/2001) RESPONSE by plaintiff to motion to (change) transfer venue to USDC for the Northern Dist of Texas (Dallas) [8-1] (former empl) (Entered: 05/02/2001) MINUTE ORDER : by Judge John L. Kane regarding [8-1] motion to (change) transfer venue to USDC for the Northern Dist of Texas (Dallas) will be heard at the rule 16 conference set for 1:30 5/15/01 Dfts to reply by noon on 5/10/01 (cc: all counsel) ; entry date : 5/4/01 (former empl) (Entered: 05/04/2001) MINUTE ORDER : by Judge John L. Kane rule 16 conference reset for 3:00 6/27/01 (cc: all counsel) ; entry date : 5/7/01 (former empl) (Entered: 05/07/2001) COURTROOM MINUTES by Judge John L. Kane denying motion to (change) transfer venue to USDC for the Northern Dist of Texas (Dallas) [8-1] ; entry date : 6/28/01 Court Reporter: ECR (former empl) (Entered: 06/28/2001) ORDER stlmt Case referred to Magistrate Judge Boyd N. Boland by

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Judge John L. Kane (cc: to counsel) (former empl) (Entered: 06/28/2001) 06/28/2001 16 SCHEDULING ORDER Judge John L. Kane ; Discovery cutoff 12/28/01 ;dispositive motions due 1/31/02; jury trial to be set (cc: all counsel) (former empl) (Entered: 06/28/2001) MINUTE ORDER : by Magistrate Judge Boyd N. Boland ; settlement conf set for 3:00 10/2/01 (cc: all counsel) ; entry date : 7/11/01 (former empl) (Entered: 07/11/2001) Unopposed MOTION by cnsl for Pltf & Dfts to Reset Settlement Conference for 10/2/01 at 3:00 p.m. (former empl) (Entered: 09/21/2001) MEMORANDUM by Judge John L. Kane referring to Magistrate Judge Boyd N. Boland the motion to Reset Settlement Conference for 10/2/01 at 3:00 p.m. [18-1] (former empl) (Entered: 09/24/2001) AMENDED Unopposed MOTION by plaintiff to Re-set Settlement Conference and to Allow Mrs. Davies of MD Mark to Appear Telephonically regarding motion to Reset Settlement Conference for 10/2/01 at 3:00 p.m. [18-1] (former empl) (Entered: 09/25/2001) MEMORANDUM by Judge John L. Kane referring to Magistrate Judge Boyd N. Boland the motion to Re-set Settlement Conference and to Allow Mrs. Davies of MD Mark to Appear Telephonically [20-1] (former empl) (Entered: 09/25/2001) MINUTE ORDER : by Magistrate Judge Boyd N. Boland granting in part and denying in part unopposed motion to Re-set Settlement Conference and to Allow Mrs. Davies of MD Mark to Appear Telephonically [20-1] & amended unopposed motion to reset settlement conf & allow Davies to to appear telephonically. Settlement conf is reset, but Mrs. Davies must appear in person ; settlement conf reset for 1:30 11/28/01 (cc: all counsel) ; entry date : 10/1/01 (gms) (Entered: 10/01/2001) MOTION by defendants for Extension of Time to Respond to Pltf's Document Requests (former empl) (Entered: 10/04/2001) MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Time to Respond to Pltf's Document Requests [23-1] to 10/19/01 (cc: all counsel) ; entry date : 10/4/01 (former empl) (Entered: 10/04/2001) Unopposed MOTION by plaintiff M.D. Mark, Inc. to extend time to 11/5/01 to resp to dft's discovery (dlb) (Entered: 10/26/2001) MINUTE ORDER : by Judge John L. Kane granting motion to extend time to 11/5/01 to resp to dft's discovery [25-1] (cc: all counsel) ; entry date : 10/26/01 (dlb) (Entered: 10/26/2001) Unopposed MOTION by plaintiff for Additional Time Within Which to File Expert Disclosures and Accompanying Reports (former empl) (Entered: 11/06/2001)

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MINUTE ORDER : by Judge John L. Kane granting motion for Additional Time Within Which to File Expert Disclosures and Accompanying Reports [27-1] - Pltf's ddl is 11/31/01 and Dfts' ddl is 12/28/01 (cc: all counsel) ; entry date : 11/7/01 (former empl) (Entered: 11/07/2001) MINUTE ORDER : by Judge John L. Kane; the Protective Order and Confid Stip submitted 11/26/01 is REJECTED because it does not attach the recital and does not provide any info as to the basis for designating docs as confid (cc: all counsel) ; entry date : 11/28/01 (former empl) (Entered: 11/28/2001) MEMORANDUM by Magistrate Judge Boyd N. Boland ; settlement conf held 11/29/01, and no settlement was reached (former empl) (Entered: 11/30/2001) Unopposed MOTION by plaintiff for Extension of Discovery Cutoff Deadline to 1/30/02 (former empl) (Entered: 11/30/2001) MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Discovery Cutoff Deadline to 1/30/02 [31-1] ; discovery ddl set 1/20/02 ; disp mtn ddl set 2/28/02 (cc: all counsel) ; entry date : 11/30/01 (former empl) (Entered: 11/30/2001) MINUTE ORDER : by Judge John L. Kane regarding [31-1] motion for Extension of Discovery Cutoff Deadline to 1/30/02 ; discovery ddl set 1/30/02 ; disp mtn ddl set 2/28/02 (cc: all counsel) ; entry date : 12/11/01 (former empl) (Entered: 12/11/2001) Unopposed MOTION by defendants for Extension of Time to Respond to Pltf's Second Set of Discovery Requests to 1/9/02 (former empl) (Entered: 12/21/2001) MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Time to Respond to Pltf's Second Set of Discovery Requests to 1/9/02 [34-1]; Dfts' responses are due 1/9/02 (cc: all counsel) ; entry date : 12/27/01 (former empl) (Entered: 12/27/2001) Unopposed MOTION by defendants for Extension of Time to Make Expert Disclosures (former empl) (Entered: 12/28/2001) MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Time to Make Expert Disclosures [36-1]; Dft shall have 14 days from the date the Pltf completes its production of docs and its supplementation of its expert witness rpt in which to make its expert disclosures (cc: all counsel) ; entry date : 1/3/02 (former empl) (Entered: 01/03/2002) Joint MOTION for Extension of Discovery Cutoff and Dispositive Motions Deadline (former empl) (Entered: 01/30/2002) MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Discovery Cutoff and Dispositive Motions Deadline [38-1] ; discovery ddl set 4/1/02 ; disp mtn ddl set 4/30/02 (cc: all counsel) ; entry

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date : 1/30/02 (former empl) (Entered: 01/30/2002) 03/21/2002 03/22/2002 40 41 Second Joint MOTION for Extension of Discovery Cutoff and Dispositive Motions Deadlines (former empl) (Entered: 03/21/2002) MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Discovery Cutoff and Dispositive Motions Deadlines [401] ; discovery ddl set 5/31/02 ; disp mtn ddl set 6/28/02 (cc: all counsel) ; entry date : 3/22/02 (former empl) (Entered: 03/22/2002) MOTION by plaintiff to compel , and for sanctions on Dfts' Failure to Provide Discovery (former empl) (Entered: 05/20/2002) MINUTE ORDER : by Judge John L. Kane regarding [42-1] motion to compel, regarding [42-2] motion for sanctions on Dfts' Failure to Provide Discovery - response due 6/3/02 (cc: all counsel) ; entry date : 5/21/02 (former empl) (Entered: 05/21/2002) Unopposed MOTION by plaintiff for Extension of Time Within Which to Answer Dfts Third Set of Discovery Requests (former empl) (Entered: 05/23/2002) MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Time Within Which to Answer Dfts Third Set of Discovery Requests [44-1] to noon on 5/24/02 (cc: all counsel) ; entry date : 5/28/02 (former empl) (Entered: 05/28/2002) MINUTE ORDER : by Judge John L. Kane setting hearing on motion to compel [42-1] 9:00 6/20/02, setting hearing on motion for sanctions on Dfts' Failure to Provide Discovery [42-2] 9:00 6/20/02 (cc: all counsel) ; entry date : 5/28/02 (former empl) (Entered: 05/28/2002) Third Joint MOTION for Extension of Discovery Cutoff (6/28/02) and Dispositive Motions Deadline (7/31/02) (former empl) (Entered: 05/29/2002) MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Discovery Cutoff (6/28/02) and Dispositive Motions Deadline (7/31/02) [47-1] ; discovery ddl set 6/28/02 ; disp mtn ddl set 7/31/02 (cc: all counsel) ; entry date : 5/29/02 (former empl) (Entered: 05/29/2002) Unopposed MOTION by defendants for Extension of Time to Respond to Pltf's Third Discovery Request (to 6/13/02) (former empl) (Entered: 05/31/2002) MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Time to Respond to Pltf's Third Discovery Request (to 6/13/02) [49-1] (cc: all counsel) ; entry date : 5/31/02 (former empl) (Entered: 05/31/2002) Unopposed MOTION by defendant for Extension of Time to Respond to Pltf's Motion to Compel (former empl) (Entered: 06/04/2002)

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MINUTE ORDER : by Judge John L. Kane granting motion for Extension of Time to Respond to Pltf's Motion to Compel [51-1] to 6/13/02 (cc: all counsel) ; entry date : 6/5/02 (former empl) (Entered: 06/05/2002) RESPONSE by defendant to motion to compel [42-1] (former empl) (Entered: 06/14/2002) REPLY by plaintiff to response to motion to compel [42-1], motion for sanctions on Dfts' Failure to Provide Discovery [42-2] (former empl) (Entered: 06/19/2002) COURTROOM MINUTES by Judge John L. Kane special master will be appointed; the motion to compel [42-1] and the motion for sanctions on Dfts' Failure to Provide Discovery [42-2] will be referred to the special master discovery ddl and disp mtn ddl are deferred ; entry date : 6/20/02 Court Reporter: K. Spitler (former empl) (Entered: 06/20/2002) ORDER APPOINTING SPECIAL MASTER by Judge John L. Kane regarding [42-1] motion to compel and regarding [42-2] motion for sanctions on Dfts' Failure to Provide Discovery, the complexity of this case and the parties' discovery disputes constitute exceptional circumstances warranting the appointment of a special master to decide the pending motion and any other discovery disputes that may arise between the parties appointing Peter A. Bjork current discovery ddl is vacated; the ddl for filing dispositive motions shall be 30 days after the discovery cut-off date set by the Special Master; the parties shall have 10 days w/in which to file any challenge for cause to selection of Mr. Bjork (cc: all counsel) ; entry date : 6/27/02 (former empl) (Entered: 06/27/2002) SPECIAL MASTER'S RULING ON PLTF M.D. MARK'S MOTION TO COMPEL AND FOR SANCTIONS ON DFTS' FAILURE TO PROVIDE DISCOVERY granting in part and denying in part motion to compel [42-1], motion for sanctions on Dfts' Failure to Provide Discovery [42-2]; ordered that Pltf shall be allowed to reopen the depositions of Messrs. Morton, Salazar, Lindsey and Christianson subject to the conditions stated in the order; ordered that the parties shall arrange a conf prior to 9/9/02, during the parties shall discuss the timing and need for addt'l discovery; RECOMMENDED that the USDC not impose any sanctions on the Dfts w/regard to the instant motion to compel; RECOMMENDED that the USDC the fees associated w/the resolution of this discovery dispute should be borne 50% by the Pltf and 50% by the Dft (cc: all counsel) ; entry date : 8/26/02 (former empl) (Entered: 08/26/2002) AMENDED SCHEDULING AND DISCOVERY ORDER by Special Master Peter A. Bjork; Discovery cutoff 1/31/03 ;dispositive motions due 2/28/03 (cc: all counsel) (former empl) (Entered: 09/11/2002) Special Master's Supplemental Ruling on Pltf M.D. Mark's Motion to Compel and for Sanctions on Dfts's Failure to Provide Discovery; doc.

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42; see order for details (cc: all counsel) ; entry date : 9/11/02 (former empl) (Entered: 09/11/2002) 09/12/2002 60 CERTIFICATE of Mailing by special master Peter A. Bjork of Amended Sched and Discovery Order dated 9/10/02 (former empl) (Entered: 09/13/2002) CERTIFICATE of Mailing by special master of Supplemental Ruling on Pltf Mark's Motion to Compel and for Sanctions on Dft's Failure to Provide Discovery dated 9/10/02 (former empl) (Entered: 09/13/2002) ORDER by Judge John L. Kane adopting the recommendations and Order [57-1]; denying Pltf's request for sanctions in connection w/its Motion to Compel; further ordered that the fees for the Special Master's svces be borne 50% by Pltf and 50% by Dfts unless otherwise recommended by the Special Master and ordered by this Court; the Special Master shall submit an invoice for his svces directly to the parties after such invoice has been submitted to and approved by this Court (cc: all counsel) ; entry date : 9/19/02 (former empl) (Entered: 09/19/2002) Stipulation and PROTECTIVE ORDER by Special Master Peter A. Bjork : (cc: all counsel) (former empl) (Entered: 09/30/2002) MINUTE ORDER : by Judge John L. Kane regarding [62-1] order the parties are directed to pay the invoice as instructed (cc: all counsel) ; entry date : 10/18/02 (dlb) (Entered: 10/18/2002) Special Master's Second Supplemental Ruling (ORDER) regarding pla's [42-1] motion to compel and [42-2] motion for sanctions on Dfts' Failure to Provide Discovery (cc: all counsel) ; entry date : 10/23/02 (dlb) (Entered: 10/23/2002) MOTION by plaintiff M.D. Mark, Inc. for leave to amend complaint [01] (dlb) (Entered: 11/04/2002) Tendered First Amended Complaint submitted by plaintiff M.D. Mark, Inc. re: motion for leave to amend complaint [0-1] [66-1] (dlb) (Entered: 11/04/2002) 67 MINUTE ORDER : by Judge John L. Kane regarding [66-1] pla, Mark's motion for leave to amend complaint [0-1], dfts have to 11/16/02 to file a response (cc: all counsel) ; entry date : 11/7/02 (dlb) (Entered: 11/07/2002) MINUTE ORDER : by Judge John L. Kane; the second invoice submitted by the Special Master is APPROVED (cc: all counsel) ; entry date : 4/4/03 (dlb) (Entered: 04/04/2003) RESPONSE by defendants to pla's motion for leave to amend complaint [0-1] [66-1] (dlb) (Entered: 11/18/2002) MINUTE ORDER : by Judge John L. Kane granting motion for leave to amend complaint [0-1] [66-1] (cc: all counsel) ; entry date : 11/22/02 (pap) (Entered: 11/22/2002)

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First AMENDED COMPLAINT [0-1] by plaintiff M.D. Mark, Inc. (dlb) (Entered: 11/26/2002) ANSWER by defendants to pla's first amended complaint [71-1] (dlb) (Entered: 11/26/2002) MOTION by plaintiff M.D. Mark, Inc. for leave to amend complaint [01] (dlb) (Entered: 01/09/2003) Tendered Second Amended Complaint submitted by plaintiff M.D. Mark, Inc. re: motion for leave to amend complaint [0-1] [73-1] (dlb) (Entered: 01/09/2003)

01/13/2003

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MINUTE ORDER : by Judge John L. Kane regarding [73-1] pla's motion for leave to file second amended complaint [0-1]; dfts have to 1/23/03 to respond (cc: all counsel) ; entry date : 1/14/03 (dlb) (Entered: 01/14/2003) Memorandum BRIEF by defendants in opposition to motion for leave to amend complaint [0-1] [73-1] (dlb) (Entered: 01/24/2003) MINUTE ORDER : by Judge John L. Kane regarding [75-1] dft's opposition brief to pla's [73-1] motion for leave to amend complaint [01], pla's reply is due by 2/10/03 (cc: all counsel) ; entry date : 1/28/03 (dlb) (Entered: 01/28/2003) Special Master's Ruling (ORDER) on Dft's objection to pla's expert fees for deposition (cc: all counsel) ; entry date : 1/30/03 (dlb) (Entered: 01/30/2003) Joint MOTION by plaintiff, defendant to extend discovery and dispo mtns cut-off for limited purpose (dlb) (Entered: 02/03/2003) REPLY by plaintiff M.D. Mark, Inc. to dft's response to pla's motion for leave to amend complaint [0-1] [73-1] (dlb) (Entered: 02/11/2003) ORDER by Judge John L. Kane granting motion for leave to amend complaint [0-1] [73-1] (cc: all counsel) ; entry date : 2/14/03 (pap) (Entered: 02/14/2003) Second AMENDED COMPLAINT [71-1] by plaintiff M.D. Mark, Inc. (pap) (Entered: 02/18/2003) CERTIFICATE of Mailing by special master Peter A. Bjork (dlb) (Entered: 02/19/2003) ORDER granting motion to extend discovery and dispo mtns cut-off for limited purpose [78-1] ; discovery ddl satisfied 1/31/03 ; disp mtn ddl set 4/15/03 (cc: all counsel) ; entry date : 2/19/03 (dlb) (Entered: 02/19/2003) MOTION by defendant to extend time to answer extended to: 3/7/03 (dlb) (Entered: 02/26/2003) MINUTE ORDER : by Judge John L. Kane granting motion to extend

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Filed 02/26/2008

Page 11 of 33 Page 11 of 33

time to answer extended to: 3/7/03 [84-1] regarding [81-1] complaint (cc: all counsel) ; entry date : 2/27/03 (dlb) (Entered: 02/27/2003) 03/07/2003 86 Joint MOTION by M.D. Mark, Inc., Kerr-McGee Corp, Oryx Energy Company to extend the discovery cut-off to 05/12/03 and dispositive motion deadline to 06/23/03 (bpm) (Entered: 03/10/2003) ANSWER by defendant to second amended complaint [81-1] (bpm) (Entered: 03/10/2003) Special Master's ORDER granting Sixth motion to extend the discovery cut-off to 05/12/03 and dispositive motion deadline to 06/23/03 [86-1] ; discovery ddl set 5/12/03 ; disp mtn ddl set 6/23/03 ; NO Further Extensions will be granted (cc: all counsel) ; entry date : 3/17/03 (erv) (Entered: 03/17/2003) MOTION by plaintiff M.D. Mark, Inc. for order requiring payment of expert witness fees on behalf of pla expert, John Moye (dlb) (Entered: 04/02/2003) Memorandum (BRIEF) by defendants in opposition to pla's motion for order requiring payment of expert witness fees on behalf of pla expert, John Moye [89-1] (dlb) (Entered: 04/10/2003) Special Master's Ruling (ORDER) granting motion for order requiring payment of expert witness fees on behalf of pla expert, John Moye; dfts shall reimburse pla for 3.8 hrs @ $500.00 per hour for the portion of fees of John Moye for a total sum of $1,900.00 to be paid to counsel for pla within days from date; [89-1] (cc: all counsel) ; entry date : 4/15/03 (dlb) (Entered: 04/15/2003) MINUTE ORDER : by Judge John L. Kane; the invoice submitted by the Special Master on 4/17/03 is approved (cc: all counsel) ; entry date : 4/21/03 (dlb) Modified on 04/21/2003 (Entered: 04/21/2003) MOTION by plaintiff M.D. Mark, Inc. to amend amended complaint [811] (dlb) (Entered: 06/05/2003) Tendered Third Amended Complaint submitted by plaintiff M.D. Mark, Inc. re: motion to amend amended complaint [81-1] [93-1] (dlb) (Entered: 06/05/2003) 94 MINUTE ORDER : by Judge John L. Kane regarding [93-1] pla's motion to file third amended complaint; dfts shall respond by 6/20/03; plas shall reply by 7/2/03; [81-1] (cc: all counsel) ; entry date : 6/9/03 (dlb) (Entered: 06/09/2003) Memorandum (BRIEF) by defendants in opposition to motion to pla's third motion to amended complaint [81-1] [93-1] (dlb) (Entered: 06/23/2003) MOTION by defendant to extend deadline for filing dispo mtns (dlb) (Entered: 06/24/2003)

03/07/2003 03/14/2003

87 88

04/02/2003

89

04/09/2003

90

04/14/2003

91

04/18/2003

92

06/05/2003 06/05/2003

93

06/06/2003

06/20/2003

95

06/23/2003

96

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 12 of 33 Page 12 of 33

06/26/2003

97

MINUTE ORDER : by Judge John L. Kane setting hearing on dft's motion to extend deadline for filing dispo mtns [96-1] 10:00 7/11/03 (cc: all counsel) ; entry date : 6/27/03 (dlb) (Entered: 06/27/2003) REPLY by plaintiff to response to motion to amend amended complaint [81-1] [93-1] (gms) (Entered: 07/03/2003) ORDER by Judge John L. Kane granting motion to extend deadline for filing dispo mtns which shall be 30 days after the revised discovery cutoff which is to be set by the Special Master [96-1], granting motion to amend amended complaint [81-1] [93-1] (cc: all counsel) ; entry date : 7/18/03 (dlb) (Entered: 07/18/2003) Third AMENDED COMPLAINT [81-1] by plaintiff M.D. Mark, Inc. (dlb) (Entered: 07/18/2003) ANSWER by defendants to third amended complaint [100-1] (dlb) (Entered: 07/30/2003) Unopposed MOTION by defendant Kerr-McGee Corp for substitution of counsel allowing Messrs Hammond and Shaheen to withdraw (pap) (Entered: 08/29/2003) MINUTE ORDER : by Judge John L. Kane granting motion for substitution of counsel [102-1] withdrawing David R. Hammond for Kerr-McGee Corp and substituting attorney Scott S. Barker, Gregory E. Goldberg, granting motion Messrs Hammond and Shaheen to withdraw [102-2] (cc: all counsel) ; entry date : 8/29/03 (pap) (Entered: 08/29/2003) CERTIFICATE of Mailing by special master Peter A. Bjork (dlb) (Entered: 09/04/2003) STATEMENT of discovery needs by defendant Kerr-McGee Corp (dlb) (Entered: 09/19/2003) MOTION by defendants for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief (dlb) (Entered: 10/10/2003) BRIEF by defendant in support of motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief [106-1] *based upon collateral estoppel (dlb) (Entered: 10/10/2003) BRIEF by defendant in support of motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief [106-1] *based upon the law of corporate merger and contract interpretation (dlb) (Entered: 10/10/2003) CERTIFICATE of mailing of Third Scheduling and Discovery Order by special master Peter A. Bjork (dlb) (Entered: 10/14/2003)

07/02/2003 07/16/2003

98 99

07/16/2003 07/29/2003 08/28/2003

100 101 102

08/28/2003

103

09/03/2003 09/18/2003 10/10/2003

104 105 106

10/10/2003

107

10/10/2003

108

10/14/2003

109

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 13 of 33 Page 13 of 33

10/15/2003 10/16/2003

110 111

CERTIFICATE of mailing of Fourth Scheduling and Discovery Order by special master Peter A. Bjork (dlb) (Entered: 10/16/2003) MINUTE ORDER : by Judge John L. Kane regarding [106-1] dft's motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief, pla shall respond by 11/3/03; dfts shall reply by 11/21/03; (cc: all counsel) ; entry date : 10/17/03 (dlb) (Entered: 10/17/2003) MOTION by plaintiff M.D. Mark, Inc. for extension of time in which to respond to dfts' motion for partial sum jgm an additional 30 days (pap) (Entered: 10/24/2003) MINUTE ORDER : by Judge John L. Kane granting in part motion for extension of time in which to respond to dfts' motion for partial sum jgm an additional 30 days [112-1], regarding [106-1] motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief, pla's response due by 11/24/03; dft's reply due by 12/12/03; (cc: all counsel) ; entry date : 10/27/03 (dlb) (Entered: 10/27/2003) Opposition (RESPONSE) by defendant to motion for extension of time in which to respond to dfts' motion for partial sum jgm an additional 30 days [112-1] (dlb) (Entered: 10/27/2003) MINUTE ORDER : by Judge John L. Kane; the invoice submitted by the Special Master on 11/12/03 is approved and shall be paid by the purs to 9/17/02 order (cc: all counsel) ; entry date : 11/13/03 (dlb) (Entered: 11/13/2003) BRIEF by plaintiff M.D. Mark, Inc. in opposition to dft's motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief [106-1] [based upon the law of corporate merger and contract interpretation] (dlb) (Entered: 11/25/2003) BRIEF by plaintiff M.D. Mark, Inc. in opposition to dft's motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief [106-1] [based upon collateral estoppel] (dlb) (Entered: 11/25/2003) RESPONSE by plaintiff M.D. Mark, Inc. to motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief [106-1] (dlb) (Entered: 11/25/2003) Amended Stipulated PROTECTIVE ORDER by Special Master Peter A. Bjork : (cc: all counsel) (dlb) (Entered: 11/25/2003) CERTIFICATE of Mailing by special master Peter A. Bjork (dlb) (Entered: 11/25/2003)

10/23/2003

112

10/24/2003

113

10/24/2003

114

11/12/2003

115

11/24/2003

116

11/24/2003

117

11/24/2003

118

11/25/2003 11/25/2003

119 120

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 14 of 33 Page 14 of 33

12/11/2003

121

REPLY by defendants to pla's response to dft's motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief [106-1] [based upon collateral estoppel] (dlb) (Entered: 12/11/2003) REPLY by defendants to pla's response to dft's motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief [106-1] [based upon the law of corporate merger and contract interpretation] (dlb) (Entered: 12/11/2003) MOTION by defendants to strike certain portions of Marily Davies' Rule 26(a)(2) disclosure and certificate of compliance with Local Rule 7.1 (dlb) (Entered: 01/06/2004) REPLY by defendants to pla's response to dft's motion to strike certain portions of Marily Davies' Rule 26(a)(2) disclosure [123-1] (dlb) (Entered: 01/16/2004) Special Master's RECOMMENDATION that court strike two portions of Davies' exp testimony or in the alternative, hear testimony and sanction pla & gr dfts request for add costs concerning motion to strike certain portions of Marily Davies' Rule 26(a)(2) disclosure [123-1] ; (cc: all counsel) ; entry date : 1/21/04 (gms) (Entered: 01/21/2004) RESPONSE by plaintiff to motion to strike certain portions of Marily Davies' Rule 26(a)(2) disclosure [123-1] (gms) (Entered: 01/22/2004) ORDER by Judge John L. Kane accepting [125-1] - Magistrate's Recommendation granting motion to strike certain portions of Marily Davies' Rule 26(a)(2) disclosure [123-1] (cc: all counsel) ; entry date : 1/26/04 (dlb) (Entered: 01/26/2004) SPECIAL MASTER'S ORDER ON PLA'S BRIEF RE: WAIVER OF ATTORNEY CLIENT PRIVELEGE DUE TO RELIANCE ON THE AFFIRMATIVE DEFENSE OF ADVICE OF COUNSEL; ORDERED: pla's claim of complete waiver is DENIED; ORDERED: dfts not required to produce disputed documents (cc: all counsel) ; entry date : 1/27/04 (dlb) (Entered: 01/27/2004) NOTICE by plaintiff M.D. Mark, Inc. of Withdrawal of Expert Witness Marilyn Davies (dlb) (Entered: 02/02/2004) MOTION by defendants for protective order striking para three of pla's Rule 30(B)(6) ntc (dlb) (Entered: 02/27/2004) ORDER by Special Master granting motion for protective order striking para three of pla's Rule 30(B)(6) ntc [130-1] (cc: all counsel) ; entry date : 3/23/04 (dlb) (Entered: 03/23/2004) CERTIFICATE of mailing by special master Peter A. Bjork (dlb) (Entered: 03/23/2004) MOTION by defendant for protective order requiring multiple depos and

12/11/2003

122

01/06/2004

123

01/15/2004

124

01/20/2004

125

01/21/2004 01/23/2004

126 127

01/26/2004

128

01/30/2004 02/27/2004 03/23/2004

129 130 131

03/23/2004 04/01/2004

132 133

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 15 of 33 Page 15 of 33

to strike portions of pla's second Rule 30(B)(6) notice (dlb) (Entered: 04/02/2004) 04/05/2004 134 Fifth Scheduling and Discovery ORDER by Peter A. Bjork, Special Master with certificate of mailing ; discovery ddl set 5/3/04 ; disp mtn ddl set 6/3/04 (cc: all counsel) ; entry date : 4/5/04 (dlb) (Entered: 04/05/2004) Briefing Schedule (ORDER) with certificate of mailing by Peter A. Bjork, Special Master regarding [133-1] dft's motion for protective order requiring multiple depos, regarding [133-2] motion to strike portions of pla's second Rule 30(B)(6) notice, pla shall respond by 4/9/04 at 12:00 noon; no reply brief shall be considered (cc: all counsel) ; entry date : 4/5/04 (dlb) (Entered: 04/05/2004) MOTION by defendant Kerr-McGee Corp to compel production of redacted information (dlb) (Entered: 04/07/2004) CERTIFICATE of Mailing by defendants (dlb) (Entered: 04/13/2004) ORDER by Special Master, Peter A. Bjork granting in part and denying in part as specified dft's motion for protective order requiring multiple depos [133-1] or to strike portions of pla's second Rule 30(B)(6) notice [133-2] (cc: all counsel) ; entry date : 4/16/04 (dlb) (Entered: 04/16/2004) MOTION by defendant to compel attendance at depo and for imposition of sanctions and request for expedited ruling (dlb) Modified on 04/16/2004 (Entered: 04/16/2004) ORDER by Special Master, Petera A. Bjork granting motion to compel attendance at depo [139-1], denying motion for imposition of sanctions [139-2] (cc: all counsel) ; entry date : 4/21/04 (dlb) (Entered: 04/21/2004) CERTIFICATE OF MAILING by special master Peter A. Bjork order [140-1] (dlb) (Entered: 04/21/2004) ORDER by Peter A. Bjork, Special Master granting dft's motion to compel production of redacted information; pla shall produce unredacted copies by 4/26/04; dft's mtn to impose sanctions is denied [136-1] (cc: all counsel) ; entry date : 4/23/04 (dlb) (Entered: 04/23/2004) CERTIFICATE OF MAILING by special master Peter A. Bjork order [142-1] (dlb) (Entered: 04/23/2004) MOTION by defendants for protective order striking portions of pla's revised Rule 30(B)(6) notices and for sanctions (dlb) (Entered: 04/29/2004) Briefing Schedule (ORDER) by Special Master Peter A. Bjork regarding [144-1] dft's motion for protective order striking portions of pla's revised Rule 30(B)(6) notices and for sanctions; pla shall respond by 4/29/04 at 5:00 pm; no reply brief shall be considered (cc: all counsel) ; entry date : 4/30/04 (dlb) (Entered: 04/30/2004)

04/05/2004

135

04/07/2004 04/13/2004 04/15/2004

136 137 138

04/16/2004

139

04/21/2004

140

04/21/2004 04/23/2004

141 142

04/23/2004 04/28/2004

143 144

04/30/2004

145

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 16 of 33 Page 16 of 33

04/30/2004

146

RESPONSE by defendants to motion to compel attendance at depo [1391], motion for imposition of sanctions [139-2] (dlb) (Entered: 05/03/2004) CERTIFICATE OF MAILING by special master Peter A. Bjork order [145-1] (dlb) (Entered: 05/04/2004) ORDER by Special Master, Peter A. Bjork granting in part and denying in part as specified dft's motion for protective order striking portions of pla's revised Rule 30(B)(6) notices and for sanctions [144-1] (cc: all counsel) ; entry date : 5/6/04 (dlb) (Entered: 05/06/2004) ORDER by Special Master denying pla's second [139-2] motion for imposition of sanctions, [136-1] motion to compel production of redacted information (cc: all counsel) ; entry date : 5/6/04 (dlb) (Entered: 05/06/2004) RESPONSE by defendant to pla's motion for clarification of Special Master's Order regarding the scope of discovery and 30(b)(6) deposition [not filed with the court] (dlb) Modified on 05/13/2004 (Entered: 05/13/2004) ORDER regarding [150-1] motion to clarify and response (cc: all counsel) ; entry date : 5/14/04 (dlb) (Entered: 05/14/2004) MOTION by plaintiff to clarify order (dlb) (Entered: 05/17/2004) MINUTE ORDER : by Judge John L. Kane approving Special master's invoice submitted 5/17/04 (cc: all counsel) ; entry date : 5/18/04 (dlb) (Entered: 05/18/2004) AMENDED ORDER of Special Master regarding [151-1] order, denying as moot motion to clarify order [152-1] (cc: all counsel) ; entry date : 5/19/04 (dlb) (Entered: 05/19/2004) Certificate of Compliance by defendant Kerr-McGee Corp re: order [1481] (dlb) (Entered: 06/02/2004) Second MOTION by defendants for partial summary judgment on pla's 1st, 2nd, 5th, 6th, 7th and 8th claims for relief (dlb) (Entered: 06/04/2004) BRIEF and Exhibits by defendants in support of motion for partial summary judgment on pla's 1st, 2nd, 5th, 6th, 7th and 8th claims for relief based upon the economic loss rule and the law of negligence, trust and fiduciary duties, misappropriation, and civil conspiracy [156-1] *large document (dlb) Modified on 06/04/2004 (Entered: 06/04/2004) MOTION by plaintiff M.D. Mark, Inc. to extend time to file dispo motions (dlb) (Entered: 06/08/2004) RESPONSE by defendants to motion to extend time to file dispo motions [158-1] (dlb) (Entered: 06/08/2004) SUPPLEMENT by plaintiff M.D. Mark, Inc. to motion to extend time to

05/03/2004 05/05/2004

147 148

05/05/2004

149

05/12/2004

150

05/13/2004 05/14/2004 05/17/2004

151 152 153

05/18/2004

154

06/01/2004 06/03/2004

155 156

06/03/2004

157

06/07/2004 06/07/2004 06/07/2004

158 159 160

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 17 of 33 Page 17 of 33

file dispo motions [158-1] *facsimile transmission (dlb) (Entered: 06/08/2004) 06/08/2004 161 MINUTE ORDER : by Judge John L. Kane regarding [156-1] dfts' Second motion for partial summary judgment on pla's 1st, 2nd, 5th, 6th, 7th and 8th claims for relief, pla resp due by 6/25/04; dfts reply due 7/12/04 (cc: all counsel) ; entry date : 6/9/04 (dlb) (Entered: 06/09/2004) ORDER denying motion to extend time to file dispo motions [158-1] order to show cause ddl set for 6/21/04 for pla to file memo demonstrating why dfts should not be entitled to expense3s incurred (cc: all counsel) ; entry date 6/16/04 (dlb) (Entered: 06/16/2004) CERTIFICATE OF MAILING by special master Peter A. Bjork order [162-2], Scheduling order order to show cause ddl set for 6/21/04 for pla to file memo demonstrating why dfts should not be entitled to expense3s incurred [162-1] (dlb) (Entered: 06/16/2004) MOTION by plaintiff M.D. Mark, Inc. to amend case caption (amended complaint) [100-1] (dlb) (Entered: 06/18/2004) Opposition (RESPONSE) by defendant to motion to amend case caption (amended complaint) [100-1] [164-1] (dlb) (Entered: 06/18/2004) MOTION by plaintiff M.D. Mark, Inc. for reconsideration order denying pla's mtn for ext of time and denying pla access to the CD Rom [162-2] and response to motion to show cause (dlb) Modified on 06/22/2004 (Entered: 06/22/2004) MINUTE ORDER : by Judge John L. Kane denying motion to amend case caption (amended complaint) [100-1] [164-1] (cc: all counsel) ; entry date : 6/23/04 (dlb) (Entered: 06/23/2004) ORDER granting motion for reconsideration order denying pla's mtn for ext of time and denying pla access to the CD Rom [162-2] [166-1] regarding [158-1] motion to extend time to file dispo motions; dfts shall respond by 6/28/04; no reply will be considered (cc: all counsel) ; entry date : 6/24/04 (dlb) (Entered: 06/24/2004) Unopposed MOTION by plaintiff M.D. Mark, Inc. to extend time in which to resp to dft's mtn for part sum jgm re: economic loss (dlb) (Entered: 06/24/2004) MINUTE ORDER : by Judge John L. Kane granting to 7/2/04 motion to extend time in which to resp to dft's mtn for part sum jgm re: economic loss [169-1], regarding [156-1] motion for partial summary judgment on pla's 1st, 2nd, 5th, 6th, 7th and 8th claims for relief, regarding [106-1] motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief, dft reply due 7/19/04 (cc: all counsel) ; entry date : 6/25/04 (dlb) (Entered: 06/25/2004) MOTION by plaintiff M.D. Mark, Inc. for sanctions against Kerr-McGee Corp *large document (dlb) (Entered: 06/28/2004)

06/15/2004

162

06/15/2004

163

06/17/2004 06/17/2004 06/21/2004

164 165 166

06/22/2004

167

06/23/2004

168

06/24/2004

169

06/25/2004

170

06/25/2004

171

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 18 of 33 Page 18 of 33

06/28/2004

172

Opposition (RESPONSE) by defendant to motion for reconsideration order denying pla's mtn for ext of time and denying pla access to the CD Rom [162-2] [166-1] (dlb) (Entered: 06/29/2004) ORDER by SPECIAL MASTER regarding [171-1] motion for sanctions against Kerr-McGee Corp; dft's shall respond by 7/9/04; the response shall be limited to the matters raised in the motion; no reply shall be considered (cc: all counsel) ; entry date : 6/29/04 (dlb) (Entered: 06/29/2004) BRIEF by plaintiff M.D. Mark, Inc. in opposition to dft's second motion for partial summary judgment on pla's 1st, 2nd, 5th, 6th, 7th and 8th claims for relief [156-1] based upon the economic loss rule and the law of negligence, trust and fiduciary duties, misappropriation, and civil conspiracy (dlb) (Entered: 07/06/2004) Opposition (RESPONSE) by defendants to motion for sanctions against Kerr-McGee Corp [171-1] (dlb) (Entered: 07/09/2004) MOTION by plaintiff M.D. Mark, Inc. for hearing on mtn for sanctions and request for clarification (dlb) (Entered: 07/12/2004) ORDER by Special Master Peter A. Bjork denying motion for reconsideration order denying pla's mtn for ext of time and denying pla access to the CD Rom [162-2] [166-1] [176-1] (cc: all counsel) ; entry date : 7/16/04 (dlb) Modified on 07/16/2004 (Entered: 07/16/2004) MAGISTRATE'S RECOMMENDATION concerning imposition of sanctions for costs/fees to impose Special Master's costs/fees re: pla's motion for reconsideration order denying pla's mtn for ext of time and denying pla access to the CD Rom [162-2] [166-1] (cc: all counsel) ; entry date : 7/16/04 (dlb) (Entered: 07/16/2004) ORDER by Special Master, Peter A. Bjork denying as moot motion for hearing on mtn for sanctions and request for clarification [176-1] (cc: all counsel) ; entry date : 7/16/04 (dlb) (Entered: 07/16/2004) MINUTE ORDER : by Judge John L. Kane; Special Master's invoice is approved (cc: all counsel) ; entry date : 7/19/04 (dlb) (Entered: 07/19/2004) MAGISTRATE'S RECOMMENDATION (Special Master) denying pla's mtn for sanctions #171 concerning pla's motion for sanctions against Kerr-McGee Corp [171-1] ; to deny pla's motion for sanctions against Kerr-McGee Corp [171-1] (cc: all counsel) ; entry date : 7/19/04 (dlb) (Entered: 07/19/2004) ORDER by Special Master Peter A. BJork regarding [171-1] motion for sanctions against Kerr-McGee Corp, dfts shall prepare and submit by 7/26/04 affdt or other declaration with support indicating the costs and fees incurred by dfts in responding to mtn for sanctions; (cc: all counsel) ; entry date : 7/19/04 (dlb) (Entered: 07/19/2004) REPLY by defendants to pla's response to dft's motion for partial

06/29/2004

173

07/02/2004

174

07/08/2004 07/09/2004 07/15/2004

175 176 177

07/15/2004

177

07/15/2004

178

07/16/2004

179

07/19/2004

180

07/19/2004

180

07/19/2004

181

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 19 of 33 Page 19 of 33

summary judgment on pla's 1st, 2nd, 5th, 6th, 7th and 8th claims for relief [156-1] [based upon the economic loss rule and the law of negligence, trust and fiduciary duties, misappropriation, and civil conspiracy] (dlb) (Entered: 07/20/2004) 07/26/2004 182 AFFIDAVIT of Defendants concerning fees and costs pursuant to order and recommendation re: re: motion for sanctions against Kerr-McGee Corp [171-1] (dlb) (Entered: 07/26/2004) Special Master's RECOMMENDATION that Dist Ct order enter order requiring pla to pay Special Master's fees/costs associated w/ mtn for sanctions, parties equally bear balance of fees and pla to pay all dfts reasonable costs/fees re: resp to motion for sanctions concerning motion for sanctions against Kerr-McGee Corp [171-1] ; (cc: all counsel) ; entry date : 8/3/04 (gms) (Entered: 08/03/2004) OBJECTIONS by plaintiff M.D. Mark, Inc. to Special Master's Recommendation regarding the imposition of costs [183-1] (dlb) (Entered: 08/19/2004) RESPONSE by defendants to pla's objections to Magistrate's Recommendation [183-1] (dlb) (Entered: 08/31/2004) ORDER by Judge John L. Kane adopting [177-1] - Magistrate's Recommendation adopting [180-1] - Magistrate's Recommendation adopting [183-1] - Magistrate's Recommendation as specied; denying motion for sanctions against Kerr-McGee Corp [171-1] (cc: all counsel) ; entry date : 8/31/04 (dlb) (Entered: 08/31/2004) MOTION to Compel pla to comply with the court's 8/30/04 order imposing sanctions and for additional Sanctions by Defendants. (dlb, ) (Entered: 11/30/2004) Notice of Satisfaction of Sanctions and Stipulation ( MOTION) to Withdraw 187 MOTION to Compel and MOTION for Additional Sanctions by Defendants Kerr-McGee Corporation, Oryx Energy Company. (gms, ) (Entered: 12/06/2004) ORDER granting 188 Notice of Satisfaction of Sanctions and Stipulation (MOTION) to Withdraw 187 MOTION to Compel and MOTION for Additional Sanctions by Defendants Kerr-McGee Corporation, Oryx Energy Company; withdrawing MOTION to Compel pla to comply with the court's 8/30/04 order imposing sanctions and for additional Sanctions by Defendants by Judge John L. Kane on 12/8/04. (dlb, ) (Entered: 12/09/2004) ORDER Setting Oral Argument on 156 Motion for Partial Summary Judgment and 106 Motion for Partial Summary Judgment: Motion Hearing set for 7/27/2006 02:00 PM in Courtroom A 802 before Judge John L. Kane. Signed by Judge John L. Kane on 4/14/06. (gms, ) (Entered: 04/14/2006) MOTION for Leave to Present Testimony at the July 27, 2006 Summary

08/02/2004

183

08/19/2004

184

08/30/2004 08/30/2004

185 186

11/29/2004

187

12/03/2004

188

12/08/2004

189

04/14/2006

190

06/08/2006

191

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 20 of 33 Page 20 of 33

Judgment Hearing by Plaintiff M.D. Mark, Inc.. (Bonifazi, Daniele) (Entered: 06/08/2006) 06/12/2006 192 MINUTE ORDER re: 191 MOTION for Leave to Present Testimony at the July 27, 2006 Summary Judgment Hearing by Plaintiff. Dfts shall respond by 6/23/06 by Judge John L. Kane on 6/12/06. (dln, ) (Entered: 06/12/2006) BRIEF in Opposition re 191 MOTION for Leave to Present Testimony at the July 27, 2006 Summary Judgment Hearing Defendant's Opposition to Plaintiff's Motion Seeking Leave To Present Testimony At Summary Judgment Hearing filed by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Goldberg, Gregory) (Entered: 06/19/2006) ORDER denying 191 MOTION for Leave to Present Testimony at the July 27, 2006 Summary Judgment Hearing by Plaintiff . Signed by Judge John L. Kane on 6/21/06. (dln, ) (Entered: 06/22/2006) CORRECTED ORDER denying 191 MOTION for Leave to Present Testimony at the July 27, 2006 Summary Judgment Hearing by Plaintiff . Signed by Judge John L. Kane on 6/22/06. (dln, ) (Entered: 06/23/2006) MINUTE ORDER : Oral Argument/Motion Hearing reset for 9/14/2006 02:00 PM in Courtroom A 802 before Judge John L. Kane by Judge John L. Kane on 7/12/06. (dln, ) (Entered: 07/12/2006) NOTICE of Name Change by Plaintiff M.D. Mark, Inc. (Bonifazi, Daniele) (Entered: 08/31/2006) SUPPLEMENT pursuant to 26(a)(2)(B) to Exhibit Number 6 (Expert Report of John Moye) to 116 BRIEF by plaintiff M.D. Mark, Inc. in opposition to dft's motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief [106-1] [based upon the law of corporate merger and contract interpretation] by Plaintiff M.D. Mark, Inc.. (Bonifazi, Daniele) (Modified on 9/11/2006 to correct linkage) (dln, ). (Entered: 09/08/2006) Docket Annotation re: 198 SUPPLEMENT pursuant to 26(a)(2)(B) to Exhibit Number 6 (Expert Report of John Moye) to 116 BRIEF by plaintiff M.D. Mark, Inc. in opposition to dft's motion for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief [106-1] [based upon the law of corporate merger and contract interpretation] by Plaintiff M.D. Mark, Inc. [Entry modified to correct linkage]. Text only entry - no document attached. (dln, ) (Entered: 09/11/2006) MOTION to Strike 198 Supplement/Amendment,, to 2003 Expert Report by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Goldberg, Gregory) (Entered: 09/11/2006) Minute Entry for proceedings held before Judge John L. Kane : Oral

06/19/2006

193

06/22/2006

194

06/23/2006

195

07/12/2006

196

08/31/2006 09/08/2006

197 198

09/11/2006

199

09/11/2006

200

09/14/2006

201

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 21 of 33 Page 21 of 33

Argument Hearing held on 9/14/2006. 200 MOTION to Strike 198 Supplement/Amendment,, to 2003 Expert Report by Defendants is granted as specified. 106 MOTION by defendants for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief AND 156 Second MOTION by defendants for partial summary judgment on pla's 1st, 2nd, 5th, 6th, 7th and 8th claims for relief are GRANTED with respect to claims 6,7,8 of the Complaint, DENIED with respect to collateral estoppel and TAKEN UNDER ADVISEMENT as specified on the record w/respect to claims 1-5. (Court Reporter Terri Lindblom.) (dln, ) (Entered: 09/19/2006) 09/28/2006 202 ORDER : 106 MOTION by defendants for partial summary judgment on pla's 1st, 2nd, 3rd, 4th and 5th claims for relief in the 3rd amended comp and portions of 6th, 7th and 8th claims for relief is denied. 156 Second MOTION by defendants for partial summary judgment on pla's 1st, 2nd, 5th, 6th, 7th and 8th claims for relief is granted in part and denied in part. M.D. Mark's Claims - 5 will proceed to trial. This case is now ready for a pretrial conference, which will be set by seperate minute order. Signed by Judge John L. Kane on 9/28/06. (dln, ) (Entered: 09/28/2006) MINUTE ORDER : SETTING Final Pretrial Conference set for 11/16/2006 02:00 PM in Courtroom A 802 before Judge John L. Kane by Judge John L. Kane on 10/2/06. (Attachments: # 1 Attachment 1# 2 Attachment 2# 3 Attachment 3)(dln, ) (Entered: 10/02/2006) Minute Entry for proceedings held before Judge John L. Kane : Final Pretrial Conference held on 11/16/2006. Jury Trial set for 9/17/2007 through 9/28/07 before Judge John L. Kane. Trial Preparation Conference set for 9/5/2007 at 10:00 AM before Judge John L. Kane. (Court Reporter Suzanne Claar.) (dln, ) (Entered: 11/22/2006) PRETRIAL ORDER Trial Preparation Conference set for 9/5/2007 at 10:00 AM before Judge John L. Kane. Ten (10) Day Jury Trial set for 9/17/2007 before Judge John L. Kane. Signed by Judge John L. Kane on 11/22/06. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(dln, ) (Modified on 11/22/2006 to correct typo) (dln, ). (Entered: 11/22/2006) MOTION to Exclude Legal Conclusions from the Testimony of Plaintiff M.D. Mark's Expert Witnesses by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Attachments: # 1 Exhibit Exhibits A-B) (Gallegos, M.) (Entered: 01/16/2007) MOTION for Sanctions (Discovery) of "Adverse Inference" Jury Instruction Against Plaintiff M.D. Mark by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Attachments: # 1 Exhibit Exhibits A-F)(Gallegos, M.) (Entered: 01/16/2007) First MOTION in Limine by Plaintiff M.D. Mark, Inc.. (Bonifazi, Daniele) (Entered: 01/16/2007) Second MOTION in Limine by Plaintiff M.D. Mark, Inc.. (Bonifazi,

10/02/2006

203

11/16/2006

204

11/22/2006

205

01/16/2007

206

01/16/2007

207

01/16/2007 01/16/2007

208 209

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 22 of 33 Page 22 of 33

Daniele) (Entered: 01/16/2007) 01/19/2007 210 MINUTE ORDER Plaintiff shall respond to Defendant's re: 207 MOTION for Sanctions (Discovery) of "Adverse Inference" Jury Instruction Against Plaintiff M.D. Mark by 01/31/07. Defendants shall reply by 02/09/07 by Judge John L. Kane on 01/19/07. (jjh, ) (Entered: 01/19/2007) RESPONSE to Motion re 207 MOTION for Sanctions (Discovery) of "Adverse Inference" Jury Instruction Against Plaintiff M.D. Mark by Plaintiff M.D. Mark, Inc. (Attachments: # 1 Deposition Excerpts Marilyn Davies Deposition Excerpts# 2 Exhibit Exhibit 1)(Pelz, Harlan) Modified on 2/2/2007 to clarify text by deleting duplicative text(gms, ). (Entered: 01/31/2007) RESPONSE to Motion re 206 MOTION to Exclude Legal Conclusions from the Testimony of Plaintiff M.D. Mark's Expert Witnesses filed by Plaintiff M.D. Mark, Inc. (Pelz, Harlan) Modified on 2/2/2007 to clarify text by deleting duplicative text (gms, ). (Entered: 01/31/2007) Docket Annotation re: 212 Response to Motion, 211 Response to Motion. These docket entries were modified clarify text by deleting duplicative text. Text only entry - no document attached. (gms, ) (Entered: 02/02/2007) RESPONSE to Motion re 208 First MOTION in Limine filed by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Gallegos, M.) (Entered: 02/05/2007) RESPONSE to Motion re 209 Second MOTION in Limine filed by Defendant Kerr-McGee Corporation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Gallegos, M.) Modified on 2/6/2007 to remove Oryx Energy Company as a filer. (gms, ). (Entered: 02/05/2007) Docket Annotation re: 215 Response to Motio. This docket entry was modified to remove Oryx Energy Company as a filer. Text only entry no document attached. (gms, ) (Entered: 02/06/2007) REPLY to Response to Motion re 207 MOTION for Sanctions (Discovery) of "Adverse Inference" Jury Instruction Against Plaintiff M.D. Mark filed by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Gallegos, M.) (Entered: 02/09/2007) REPLY to Response to Motion re 206 MOTION to Exclude Legal Conclusions from the Testimony of Plaintiff M.D. Mark's Expert Witnesses filed by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Gallegos, M.) (Entered: 02/14/2007) BRIEF in Support re 209 Second MOTION in Limine filed by Plaintiff M.D. Mark, Inc.. (Attachments: # 1 Exhibit A)(Bonifazi, Daniele) (Entered: 02/16/2007) MOTION to Allow Plaintiff to Conduct One Preservation Deposition by

01/31/2007

211

01/31/2007

212

02/02/2007

213

02/05/2007

214

02/05/2007

215

02/06/2007

216

02/09/2007

217

02/14/2007

218

02/16/2007

219

08/02/2007

220

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 23 of 33 Page 23 of 33

Plaintiff M.D. Mark, Inc.. (Attachments: # 1 Exhibit)(Bonifazi, Daniele) (Entered: 08/02/2007) 08/06/2007 221 CORPORATE DISCLOSURE STATEMENT Defendant's Supplemental Disclosure Statement by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Gallegos, M.) (Entered: 08/06/2007) MINUTE ORDER granting 220 Motion to Allow Plaintiff to Conduct One Preservation Deposition, by Judge John L. Kane on 8/6/07.(lam, ) (Entered: 08/06/2007) MOTION for Order to Defendant's Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, From Testifying At Trial by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Gallegos, M.) (Entered: 08/20/2007) Amended MOTION to Amend/Correct/Modify 223 MOTION for Order to Defendant's Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, From Testifying At Trial by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Gallegos, M.) (Entered: 08/20/2007) RESPONSE to Motion re 224 Amended MOTION to Amend/Correct/Modify 223 MOTION for Order to Defendant's Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, From Testifying At TrialAmended MOTION to Amend/Correct/Modify 223 MOTION for Order to Defendant's Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, From Testifying At Trial, 223 MOTION for Order to Defendant's Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, From Testifying At Trial Plaintiff's Response to Defendant's Amended Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, from Testifying at Trial and Motion to Amend the Final Pre-Trial Order Allowing Plaintiff to Supplement Plaintiff's Exhibit List filed by Plaintiff M.D. Mark, Inc., Defendants Kerr-McGee Corporation, Oryx Energy Company, Special Master Peter A. Bjork. (Attachments: # 1 Exhibit Exhibit 1 to Plaintiff's Response to Defendant's Amended Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, from Testifying at Trial and Motion to Amend the Final Pre-Trial Order Allowing Plaintiff to Supplement Pltf's Exhibit List# 2 Exhibit Exhibit 2 to Plaintiff's Response to Defendant's Amended Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, from Testifying at Trial and Motion to Amend the Final Pre-Trial Order Allowing Plaintiff to Supplement Pltf's Exhibit List# 3 Exhibit Exhibit 3 to Plaintiff's Response to Defendant's Amended Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, from Testifying at Trial and Motion to Amend the Final Pre-Trial Order Allowing Plaintiff to Supplement Pltf's Exhibit List# 4 Exhibit Exhibit 4 to Plaintiff's Response to Defendant's Amended Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, from Testifying at Trial and Motion to Amend the Final Pre-Trial Order Allowing Plaintiff to

08/06/2007

222

08/20/2007

223

08/20/2007

224

08/28/2007

225

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 24 of 33 Page 24 of 33

Supplement Pltf's Exhibit List# 5 Exhibit Exhibit A to Plaintiff's Response to Defendant's Amended Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, from Testifying at Trial and Motion to Amend the Final Pre-Trial Order Allowing Plaintiff to Supplement Pltf's Exhibit List)(Bonifazi, Daniele) (Entered: 08/28/2007) 08/29/2007 226 BRIEF in Support re 224 Amended MOTION to Amend/Correct/Modify 223 MOTION for Order to Defendant's Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, From Testifying At TrialAmended MOTION to Amend/Correct/Modify 223 MOTION for Order to Defendant's Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, From Testifying At Trial filed by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Attachments: # 1 Exhibit A)(Gallegos, M.) (Entered: 08/29/2007) ORDER denying Defendants' 206 Motion to Exclude Legal Conclusions from the Testimony of Plaintiff M.D. Mark's Expert Witnesses. Order denying Defendants' 207 Motion for Discovery Sanction of "Adverse Inference" Jury Instruction Against Plaintiff M.D. Mark. Plaintiff's First and Second Motions in Limine 208 209 are Granted in part and Denied in part as set forth in this Order. Signed by Judge John L. Kane on 08/29/07. (jjh, ) (Entered: 08/30/2007) TRIAL BRIEF and Defendant's Citations to Relevant Case Law by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Attachments: # 1 Exhibit A)(Gallegos, M.) (Entered: 09/05/2007) Minute Entry for proceedings held before Judge John L. Kane: Trial Preparation Conference held on 9/5/2007.ORDERED: Defendant's Motion to Prohibit Plaintiff's Untimely Identified Witness, Leon Herzog, From Testifying At Trial 224 is DENIED. The plaintiff's motion to amend the Pretrial Order to include Herzog as a will-call witness is GRANTED. Herzog's testimony will be limited to matters described in plaintiff's 6th supplemental 26(a)(1) disclosure, document 225, filed August 23, 2007 and document 225-2, his affidavit filed on the same date. Kerr-McGee's request to depose Herzog before the commencement of trial is DENIED. ORDERED: The parties shall meet and confer in good faith to revise the Instructions, incorporating todays modifications and rulings. The updated Instructions shall be E-filed before 4:00 p.m. September 12, 2007 to chambers. (Court Reporter Darlene Martinez.) (ltbcd, ) (Entered: 09/05/2007) Witness List for Trial by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Gallegos, M.) (Entered: 09/05/2007) Exhibit List for Trial by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Gallegos, M.) (Entered: 09/05/2007) OBJECTIONS to Plaintiff's Trial Exhibits by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Attachments: # 1 Exhibit D-20# 2 Exhibit D-21)(Gallegos, M.) (Entered: 09/10/2007) OBJECTIONS to Defendant's Trial Exhibits by Plaintiff M.D. Mark,

08/29/2007

227

09/05/2007

228

09/05/2007

229

09/05/2007 09/05/2007 09/10/2007

230 231 232

09/11/2007

233

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?559088980333901-L_195_0-1

2/26/2008

CM/ECF - U.S. District Court:cod Case 1:01-cv-00413-JLK-BNB

Document 317-2

Filed 02/26/2008

Page 25 of 33 Page 25 of 33

Inc.. (Bonifazi, Daniele) (Entered: 09/11/2007) 09/12/2007 234 OBJECTIONS to and Counter Designations to Plaintiff's Deposition Designations by Defendants Kerr-McGee Corporation, Oryx Energy Company. (Gallegos, M.) (Entered: 09/12/2007) OBJECTIONS to Defendants' Deposition Designations of Thomas A. Russell and Counter-Designations to Defendants' Deposition Designations of Thomas A. Russell by Plaintiff M.D. Mark, Inc.. (Pelz, Harlan) (Entered: 09/14/2007) NOTICE of Filing Deposition Designations for Use at Trial by Plaintiff M.D. Mark, Inc. (Attachments: # 1