Public Access to Court Electronic Records Docket Report Output Menu Docket for case 4:95cv00781  consists of 138  pages. Report was generated on: 4/30/98 . OPTIONS View report view Recent entries (last twenty lines of report) view First twenty lines of report view Both first and last twenty lines List report non-stop Download directly to disk file Mark for later download to disk file Escape to select another (previous screen) Exit to Main Menu Enter your choice (v/r/f/b/l/d/m/Esc/e):  l Ready to display docket information non-stop. To halt during a very long docket report, press ESCape one time. This escape may take several seconds to catch and stop the listing. Press ESCape to return to previous menu, any other key to continue.  [CAPTURE POINT] X---------------------------------------------------------------------------X PACER session date: Thursday April 30, 1998 06:32:21 PM CST Docket as of April 30, 1998 7:05 pm Page 1 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC JURY PROTO DISC JWC U.S. District Court USDC for the Eastern District of Arkansas (Little Rock) CIVIL DOCKET FOR CASE #: 95-CV-781 Concord Boat Corp, et al v. Brunswick Corp Filed: 12/07/95 Assigned to: Judge James M. Moody Jury demand: Both Demand: $0,000 Nature of Suit: 410 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:1 Antitrust Litigation CONCORD BOAT CORPORATION Jerry C. Jones plaintiff [COR LD NTC] Amy Lee Stewart [COR LD NTC] Rose Law Firm 120 East Fourth Street Little Rock, AR 72201-2893 (501) 375-9131 K. Craig Wildfang [COR LD NTC] Robert R. Weinstine [COR LD NTC] Steven C. Tourek [COR LD NTC] Brooks F. Poley [COR LD NTC] Christopher W. Madel [COR LD NTC] Benjamin R. Mulcahy [COR LD NTC] Laura A. Pfeiffer [COR LD NTC] Winthrop & Weinstine, P.A. Dain Bosworth Plaza 60 South Sixth Street Suite 3000 Minneapolis, MN 55402-4430 (612) 347-0700 VIVIAN INDUSTRIES, INC. Jerry C. Jones plaintiff [term 05/20/97] [term 05/20/97] (See above) [COR LD NTC] Amy Lee Stewart [term 05/20/97] Docket as of April 30, 1998 7:05 pm Page 2 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (See above) [COR LD NTC] K. Craig Wildfang [term 05/20/97] (See above) [COR LD NTC] Robert R. Weinstine [term 05/20/97] (See above) [COR LD NTC] Steven C. Tourek [term 05/20/97] (See above) [COR LD NTC] Brooks F. Poley [term 05/20/97] (See above) [COR LD NTC] Christopher W. Madel [term 05/20/97] (See above) [COR LD NTC] Benjamin R. Mulcahy [term 05/20/97] (See above) [COR LD NTC] Laura A. Pfeiffer [term 05/20/97] (See above) [COR LD NTC] FIBER SPORT INC Jerry C. Jones plaintiff [term 09/27/96] [term 09/27/96] (See above) [COR LD NTC] Amy Lee Stewart [term 09/27/96] (See above) [COR LD NTC] K. Craig Wildfang [term 09/27/96] (See above) [COR LD NTC] Robert R. Weinstine [term 09/27/96] (See above) [COR LD NTC] Steven C. Tourek [term 09/27/96] (See above) [COR LD NTC] Docket as of April 30, 1998 7:05 pm Page 3 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC Brooks F. Poley [term 09/27/96] (See above) [COR LD NTC] Christopher W. Madel [term 09/27/96] (See above) [COR LD NTC] Benjamin R. Mulcahy [term 09/27/96] (See above) [COR LD NTC] GALAXIE BOAT WORKS, INC. Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] SEA ARROW MARINE INC Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Docket as of April 30, 1998 7:05 pm Page 4 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] MARIAH BOATS INC Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] HARRIS KAYOT INC Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart Docket as of April 30, 1998 7:05 pm Page 5 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] ARMADA MANUFACTURING COMPANY, Jerry C. Jones INC. (See above) plaintiff [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] Docket as of April 30, 1998 7:05 pm Page 6 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC BAHA CRUISERS/FRP INDUSTRIES, Jerry C. Jones INC. (See above) plaintiff [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] CAMPION MARINE INC Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Docket as of April 30, 1998 7:05 pm Page 7 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] CARAVELLE BOATS INC Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] KCS INTERNATIONAL/CRUISERS, Jerry C. Jones INC. (See above) plaintiff [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Docket as of April 30, 1998 7:05 pm Page 8 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] MIRAGE HOLDINGS INC Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] PLAY TIME MANUFACTURING BY Jerry C. Jones OHIO MARINE DISTRIBUTOR, INC. (See above) plaintiff [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Docket as of April 30, 1998 7:05 pm Page 9 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] POWERQUEST BOATS INC Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] SILVERTON MARINE CORPORATION Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart Docket as of April 30, 1998 7:05 pm Page 10 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] THOMPSON BOAT COMPANY Jerry C. Jones plaintiff [term 03/04/96] [term 03/04/96] (See above) [COR LD NTC] Amy Lee Stewart [term 03/04/96] (See above) [COR LD NTC] K. Craig Wildfang [term 03/04/96] (See above) [COR LD NTC] Robert R. Weinstine [term 03/04/96] (See above) [COR LD NTC] Steven C. Tourek [term 03/04/96] (See above) [COR LD NTC] Brooks F. Poley [term 03/04/96] (See above) [COR LD NTC] Christopher W. Madel [term 03/04/96] (See above) Docket as of April 30, 1998 7:05 pm Page 11 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [COR LD NTC] Benjamin R. Mulcahy [term 03/04/96] (See above) [COR LD NTC] VANGUARD INDUSTRIES Jerry C. Jones plaintiff [term 03/04/96] [term 03/04/96] (See above) [COR LD NTC] Amy Lee Stewart [term 03/04/96] (See above) [COR LD NTC] K. Craig Wildfang [term 03/04/96] (See above) [COR LD NTC] Robert R. Weinstine [term 03/04/96] (See above) [COR LD NTC] Steven C. Tourek [term 03/04/96] (See above) [COR LD NTC] Brooks F. Poley [term 03/04/96] (See above) [COR LD NTC] Christopher W. Madel [term 03/04/96] (See above) [COR LD NTC] Benjamin R. Mulcahy [term 03/04/96] (See above) [COR LD NTC] INDEPENDENT BOAT BUILDERS, Jerry C. Jones INC. (See above) plaintiff [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) Docket as of April 30, 1998 7:05 pm Page 12 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] WTYS NO 4 INC Jerry C. Jones dba (See above) Thompson Boat Company [COR LD NTC] plaintiff Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] Steven E. Uhr [COR LD NTC] Winthrop & Weinstine, P.A. Dain Bosworth Plaza 60 South Sixth Street Suite 3000 Minneapolis, MN 55402-4430 (612) 347-0700 Docket as of April 30, 1998 7:05 pm Page 13 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC CENTURY CRAFT INDUSTRIES, LTD. Jerry C. Jones fka (See above) Vanguard Industries [COR LD NTC] plaintiff Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] Steven E. Uhr (See above) [COR LD NTC] AVENGER MANUFACTURING Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Docket as of April 30, 1998 7:05 pm Page 14 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] Steven E. Uhr (See above) [COR LD NTC] G W INVADER Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] Steven E. Uhr (See above) [COR LD NTC] MALIBU BOATS WEST, MAVERICK Jerry C. Jones BOAT COMPANY, INC. (See above) plaintiff [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] Docket as of April 30, 1998 7:05 pm Page 15 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] Steven E. Uhr (See above) [COR LD NTC] WEERES INDUSTRIES CORPORATION Jerry C. Jones plaintiff (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] Docket as of April 30, 1998 7:05 pm Page 16 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC Steven E. Uhr (See above) [COR LD NTC] DORAL INTERNATIONAL, INC. Jerry C. Jones plaintiff (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] Steven E. Uhr (See above) [COR LD NTC] ALBEMARLE BOATS, INCORPORATED Jerry C. Jones plaintiff (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] Steven E. Uhr (See above) [COR LD NTC] v. BRUNSWICK CORPORATION, a James M. Simpson, Jr. Delaware corporation [COR LD NTC] defendant Friday, Eldredge & Clark First Commercial Building 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3493 (501) 376-2011 Robert F. Finke [COR LD NTC] Mark McLaughlin [COR LD NTC] Andrew S. Marovitz [COR LD NTC] Veronica L. Young Docket as of April 30, 1998 7:05 pm Page 17 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC Mayer, Brown & Platt 190 South LaSalle Street Chicago, IL 60603-3441 (312) 782-0600 ======================== BRUNSWICK CORPORATION James M. Simpson, Jr. counter-claimant [COR LD NTC] Friday, Eldredge & Clark First Commercial Building 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3493 (501) 376-2011 Robert F. Finke [COR LD NTC] Mark McLaughlin [COR LD NTC] Andrew S. Marovitz [COR LD NTC] Veronica L. Young Mayer, Brown & Platt 190 South LaSalle Street Chicago, IL 60603-3441 (312) 782-0600 v. CONCORD BOAT CORPORATION Jerry C. Jones counter-defendant [COR LD NTC] Amy Lee Stewart [COR LD NTC] Rose Law Firm 120 East Fourth Street Little Rock, AR 72201-2893 (501) 375-9131 K. Craig Wildfang [COR LD NTC] Robert R. Weinstine [COR LD NTC] Steven C. Tourek [COR LD NTC] Brooks F. Poley [COR LD NTC] Christopher W. Madel [COR LD NTC] Benjamin R. Mulcahy Docket as of April 30, 1998 7:05 pm Page 18 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [COR LD NTC] Winthrop & Weinstine, P.A. Dain Bosworth Plaza 60 South Sixth Street Suite 3000 Minneapolis, MN 55402-4430 (612) 347-0700 VIVIAN INDUSTRIES, INC. Jerry C. Jones counter-defendant [term 05/20/97] [term 05/20/97] (See above) [COR LD NTC] Amy Lee Stewart [term 05/20/97] (See above) [COR LD NTC] K. Craig Wildfang [term 05/20/97] (See above) [COR LD NTC] Robert R. Weinstine [term 05/20/97] (See above) [COR LD NTC] Steven C. Tourek [term 05/20/97] (See above) [COR LD NTC] Brooks F. Poley [term 05/20/97] (See above) [COR LD NTC] Christopher W. Madel [term 05/20/97] (See above) [COR LD NTC] Benjamin R. Mulcahy [term 05/20/97] (See above) [COR LD NTC] FIBER SPORT INC Jerry C. Jones counter-defendant [term 09/27/96] [term 09/27/96] (See above) [COR LD NTC] Amy Lee Stewart [term 09/27/96] (See above) [COR LD NTC] K. Craig Wildfang Docket as of April 30, 1998 7:05 pm Page 19 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [term 09/27/96] (See above) [COR LD NTC] Robert R. Weinstine [term 09/27/96] (See above) [COR LD NTC] Steven C. Tourek [term 09/27/96] (See above) [COR LD NTC] Brooks F. Poley [term 09/27/96] (See above) [COR LD NTC] Christopher W. Madel [term 09/27/96] (See above) [COR LD NTC] Benjamin R. Mulcahy [term 09/27/96] (See above) [COR LD NTC] GALAXIE BOAT WORKS, INC. Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] SEA ARROW MARINE INC Jerry C. Jones counter-defendant (See above) Docket as of April 30, 1998 7:05 pm Page 20 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] MARIAH BOATS INC Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] HARRIS KAYOT INC Jerry C. Jones counter-defendant (See above) Docket as of April 30, 1998 7:05 pm Page 21 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] ARMADA MANUFACTURING COMPANY, Jerry C. Jones INC. (See above) counter-defendant [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] BAHA CRUISERS/FRP INDUSTRIES, Jerry C. Jones INC. (See above) Docket as of April 30, 1998 7:05 pm Page 22 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC counter-defendant [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] CAMPION MARINE INC Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] CARAVELLE BOATS INC Jerry C. Jones counter-defendant (See above) Docket as of April 30, 1998 7:05 pm Page 23 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] KCS INTERNATIONAL/CRUISERS, Jerry C. Jones INC. (See above) counter-defendant [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] MIRAGE HOLDINGS INC Jerry C. Jones counter-defendant (See above) Docket as of April 30, 1998 7:05 pm Page 24 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] PLAY TIME MANUFACTURING BY Jerry C. Jones OHIO MARINE DISTRIBUTOR, INC. (See above) counter-defendant [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] POWERQUEST BOATS INC Jerry C. Jones counter-defendant (See above) Docket as of April 30, 1998 7:05 pm Page 25 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] SILVERTON MARINE CORPORATION Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] VANGUARD INDUSTRIES Jerry C. Jones counter-defendant (See above) Docket as of April 30, 1998 7:05 pm Page 26 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] INDEPENDENT BOAT BUILDERS, Jerry C. Jones INC. (See above) counter-defendant [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] ======================== Docket as of April 30, 1998 7:05 pm Page 27 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC BRUNSWICK CORPORATION James M. Simpson, Jr. counter-claimant [COR LD NTC] Friday, Eldredge & Clark First Commercial Building 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3493 (501) 376-2011 Robert F. Finke [COR LD NTC] Mark McLaughlin [COR LD NTC] Andrew S. Marovitz [COR LD NTC] John M. Carroll [COR LD NTC] Diane Green Smith [COR LD NTC] Veronica L. Young [COR LD NTC] Bettina Getz [COR LD NTC] Mayer, Brown & Platt 190 South LaSalle Street Chicago, IL 60603-3441 (312) 782-0600 v. G W INVADER Jerry C. Jones counter-defendant [COR LD NTC] Amy Lee Stewart [COR LD NTC] Rose Law Firm 120 East Fourth Street Little Rock, AR 72201-2893 (501) 375-9131 K. Craig Wildfang [COR LD NTC] Robert R. Weinstine [COR LD NTC] Steven C. Tourek [COR LD NTC] Brooks F. Poley [COR LD NTC] Christopher W. Madel [COR LD NTC] Benjamin R. Mulcahy [COR LD NTC] Docket as of April 30, 1998 7:05 pm Page 28 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC Laura A. Pfeiffer [COR LD NTC] Winthrop & Weinstine, P.A. Dain Bosworth Plaza 60 South Sixth Street Suite 3000 Minneapolis, MN 55402-4430 (612) 347-0700 MALIBU BOATS WEST, MAVERICK Jerry C. Jones BOAT COMPANY, INC. (See above) counter-defendant [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] ALBEMARLE BOATS, INCORPORATED Jerry C. Jones counter-defendant (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] THOMPSON MARINE PRODUCTS, INC. counter-defendant Docket as of April 30, 1998 7:05 pm Page 29 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC ======================== BRUNSWICK CORPORATION James M. Simpson, Jr. counter-claimant [COR LD NTC] Friday, Eldredge & Clark First Commercial Building 400 West Capitol Avenue Suite 2000 Little Rock, AR 72201-3493 (501) 376-2011 Robert F. Finke [COR LD NTC] Mark McLaughlin [COR LD NTC] Andrew S. Marovitz [COR LD NTC] John M. Carroll [COR LD NTC] Diane Green Smith [COR LD NTC] Veronica L. Young [COR LD NTC] Mayer, Brown & Platt 190 South LaSalle Street Chicago, IL 60603-3441 (312) 782-0600 v. CONCORD BOAT CORPORATION Jerry C. Jones counter-defendant [COR LD NTC] Amy Lee Stewart [COR LD NTC] Rose Law Firm 120 East Fourth Street Little Rock, AR 72201-2893 (501) 375-9131 K. Craig Wildfang [COR LD NTC] Robert R. Weinstine [COR LD NTC] Steven C. Tourek [COR LD NTC] Brooks F. Poley [COR LD NTC] Christopher W. Madel [COR LD NTC] Docket as of April 30, 1998 7:05 pm Page 30 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC Benjamin R. Mulcahy [COR LD NTC] Winthrop & Weinstine, P.A. Dain Bosworth Plaza 60 South Sixth Street Suite 3000 Minneapolis, MN 55402-4430 (612) 347-0700 GALAXIE BOAT WORKS, INC. Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] SEA ARROW MARINE INC Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley Docket as of April 30, 1998 7:05 pm Page 31 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] MARIAH BOATS INC Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] HARRIS KAYOT INC Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley Docket as of April 30, 1998 7:05 pm Page 32 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] ARMADA MANUFACTURING COMPANY, Jerry C. Jones INC. (See above) counter-defendant [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] BAHA CRUISERS/FRP INDUSTRIES, Jerry C. Jones INC. (See above) counter-defendant [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley Docket as of April 30, 1998 7:05 pm Page 33 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] CAMPION MARINE INC Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] CARAVELLE BOATS INC Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley Docket as of April 30, 1998 7:05 pm Page 34 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] KCS INTERNATIONAL/CRUISERS, Jerry C. Jones INC. (See above) counter-defendant [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] MIRAGE HOLDINGS INC Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley Docket as of April 30, 1998 7:05 pm Page 35 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] PLAY TIME MANUFACTURING BY Jerry C. Jones OHIO MARINE DISTRIBUTOR, INC. (See above) counter-defendant [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] POWERQUEST BOATS INC Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley Docket as of April 30, 1998 7:05 pm Page 36 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] SILVERTON MARINE CORPORATION Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] VANGUARD INDUSTRIES Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley Docket as of April 30, 1998 7:05 pm Page 37 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] INDEPENDENT BOAT BUILDERS, Jerry C. Jones INC. (See above) counter-defendant [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] G W INVADER Jerry C. Jones counter-defendant (See above) [COR LD NTC] Amy Lee Stewart (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Robert R. Weinstine (See above) [COR LD NTC] Steven C. Tourek (See above) [COR LD NTC] Brooks F. Poley Docket as of April 30, 1998 7:05 pm Page 38 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (See above) [COR LD NTC] Christopher W. Madel (See above) [COR LD NTC] Benjamin R. Mulcahy (See above) [COR LD NTC] Laura A. Pfeiffer [COR LD NTC] Winthrop & Weinstine, P.A. Dain Bosworth Plaza 60 South Sixth Street Suite 3000 Minneapolis, MN 55402-4430 (612) 347-0700 ALBEMARLE BOATS, INCORPORATED Jerry C. Jones counter-defendant (See above) [COR LD NTC] K. Craig Wildfang (See above) [COR LD NTC] Laura A. Pfeiffer (See above) [COR LD NTC] THOMPSON MARINE PRODUCTS, INC. counter-defendant Docket as of April 30, 1998 7:05 pm Page 39 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 12/7/95 1 COMPLAINT w/jury demand, summons issued and returned to attorney; $120 filing fee paid-receipt #40500 (bw) [Entry date 12/12/95] 12/7/95 2 MEMO to file regarding service of complaint (bw) [Entry date 12/12/95] 12/19/95 3 RETURN OF SERVICE executed upon deft Brunswick Corp on 12/8/95 (vjt) [Entry date 12/20/95] 12/22/95 4 MOTION by defendant Brunswick Corp to extend time to answer (bt) 12/27/95 5 ORDER by Judge Henry Woods granting deft's motion to extend time until 1/22/96 to answer complt [4-1] (cc: all counsel) EOD 12/27/95 (vjt) 1/10/96 6 MOTION by deft for attys Robert F. Finke, Mark McLaughlin and Andrew S. Marovitz to appear pro hac vice (vjt) [Entry date 01/11/96] 1/12/96 7 ORDER by Judge Susan W. Wright granting motion for attys Robert F. Finke, Mark McLaughlin and Andrew S. Marovitz to appear pro hac vice on behalf of deft Brunswick Corporation [6-1] (cc: all counsel) (vjt) [Entry date 01/16/96] 1/22/96 8 MOTION by pltfs for attys Robert R. Weinstine, Steven C. Tourek, K. Craig Wildfang, Brooks F. Poley, Christopher W. Madel & Benjamin R. Mulcahy to appear pro hac vice (vjt) [Entry date 01/23/96] 1/22/96 9 ANSWER by deft; jury demand (vjt) [Entry date 01/23/96] 1/22/96 10 STIPULATION by parties (vjt) [Entry date 01/23/96] 1/22/96 11 ORDER by Judge Susan W. Wright re Stipulation by parties; deft's objections to disc requests are due 1/31/96, deft's response to disc request due 2/29/96, deft has until 2/29/96 to file counterclaims against any pltf and pltfs have until 2/29/96 to amend their complt w/o further Order of the Court [10-1] (cc: all counsel) (vjt) [Entry date 01/23/96] 1/23/96 12 ORDER by Judge Susan W. Wright granting motion for attys Robert R. Weinstine, Steven C. Tourek, K. Craig Wildfang, Brooks F. Poley, Christopher W. Madel & Benjamin R. Mulcahy to appear pro hac vice on behalf of pltfs [8-1] (cc: all counsel) (vjt) 2/6/96 13 SCHEDULING ORDER: by Judge Susan W. Wright; jury trial is set for 9:30 4/14/97; mot & disc due 2/28/97; pretrial info sheet due 3/14/97 (cc: all counsel) (vjt) [Entry date 02/07/96] Docket as of April 30, 1998 7:05 pm Page 40 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/8/96 14 MOTION by deft for entry of protective order (vjt) [Entry date 02/09/96] 2/8/96 15 MEMORANDUM by deft in support of motion for entry of protective order [14-1] (vjt) [Entry date 02/09/96] 2/12/96 16 COUNTERCLAIM by deft Brunswick Corp against pltfs (vjt) 2/20/96 17 MEMORANDUM of Law in Opposition by pltfs' to deft's motion for entry of protective order [14-1] (vjt) [Entry date 02/21/96] 2/20/96 18 AFFIDAVIT of K. Craig Wildfang regarding motion response [17-1] (vjt) [Entry date 02/21/96] 2/28/96 19 REPLY MEMORANDUM by deft to pltf's response to motion for entry of protective order [14-1] (vjt) [Entry date 02/29/96] 3/1/96 20 ANSWER by pltfs to Counterclaim of deft Brunswick Corp (vjt) [Entry date 03/04/96] 3/4/96 21 CONSOLIDATED AMENDED complt [1-1] by pltf; terminating Thompson Boat Co & Vanguard Industries; adding WTYS No. 4 Inc., dba Thompson Boat Company; Century Craft Industries, Ltd., fka Vanguard Industries; Avenger Mfg; G W Invader; Malibu Boats West, Maverick Boat Company, Inc.; & Weeres Industries (vjt) [Entry date 03/06/96] [Edit date 04/09/96] 3/6/96 22 MOTION by pltfs to strike deft's reply memorandum in support of its motion for entry of protective order, or in the alternative, for oral argument on that motion (vjt) [Entry date 03/07/96] 3/11/96 23 ORDER by Judge Susan W. Wright allowing pltfs amended complt to be filed late, on 3/4/96, but cautions counsel to be aware of Local Rule C-5 re extension of time to plead (cc: all counsel) EOD 3/11/96 (vjt) 3/11/96 24 STIPULATION by parties for Interim Protective Order (vjt) [Entry date 03/12/96] 3/12/96 25 INTERIM PROTECTIVE ORDER by Judge Susan W. Wright re stipulation filed by parties on 3/11/96 [24-1] (cc: all counsel) (vjt) [Entry date 03/13/96] 3/18/96 26 ANSWER by defendant Brunswick Corp to amended complaint with jury demand (jad) [Entry date 03/19/96] 3/18/96 26 AMENDED COUNTERCLAIM by counter-claimant Brunswick Corp against defendants (jad) [Entry date 03/19/96] [Edit date 03/19/96] Docket as of April 30, 1998 7:05 pm Page 41 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/21/96 27 MOTION by pltfs to compel discovery responses from deft Brunswick Corporation (vjt) [Entry date 03/22/96] [Edit date 03/22/96] 3/21/96 28 MEMORANDUM by pltfs in support of motion to compel discovery [27-1] (vjt) [Entry date 03/22/96] [Edit date 03/22/96] 3/21/96 29 AFFIDAVIT of K. Craig Wildfang regarding motion to compel discovery responses from deft Brunswick Corporation [27-1] (vjt) [Entry date 03/22/96] [Edit date 03/22/96] 3/21/96 30 STATEMENT purs to Local Rule C-7(g) by pltfs re motion to compel discovery [27-1] (vjt) [Entry date 03/22/96] [Edit date 03/22/96] 3/22/96 31 MOTION by pltfs to dismiss counterclaim of deft Brunswick Corp (vjt) [Entry date 03/25/96] 3/22/96 32 MEMORANDUM by pltfs in support of motion to dismiss counterclaim of deft Brunswick Corp [31-1] (vjt) [Entry date 03/25/96] 4/1/96 33 MOTION by deft for extension of time to respond to pltfs' motion to dismiss counterclaim (vjt) [Entry date 04/03/96] 4/1/96 34 MEMORANDUM by deft in opposition to pltfs' motion to compel [27-1] (vjt) [Entry date 04/03/96] 4/4/96 35 ORDER by Judge Susan W. Wright granting deft's motion for extension of time until 4/16/96 to respond to pltfs' motion to dismiss counterclaim [33-1] [31-1] (cc: all counsel) EOD 4/4/96 (vjt) 4/4/96 36 CLERK'S MINUTES: PRETRIAL Conference before Judge Susan W Wright w/attys present; Court takes up motions; parties are to work out disclosure agreement by April 25th and provide court with estimate of length of trial (Genie Power) (sc) 4/16/96 37 MEMORANDUM by deft in opposition to pltfs' motion to dismiss counterclaim [31-1] (vjt) [Entry date 04/17/96] 4/24/96 38 MOTION by Brunswick Corp for entry of interim protective order (kayp) 4/29/96 39 SUPPLEMENTAL MEMORANDUM by pltfs in support of motion to dismiss counterclaim of deft Brunswick Corp [31-1] (vjt) [Entry date 04/30/96] 4/29/96 40 ORDER by Judge Susan W. Wright granting motion for entry of interim protective order [38-1] (cc: all counsel) (vjt) [Entry date 04/30/96] 5/3/96 41 COURT REPORTER'S TRANSCRIPT of hearing on motions before Judge Susan Webber Wright on 4/4/96 (1 volume) (bt) Docket as of April 30, 1998 7:05 pm Page 42 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 5/3/96 42 MOTION by deft to strike pltfs' supplemental memorandum of law in support of their motion to dismiss counterclaim (vjt) [Entry date 05/06/96] 5/3/96 43 RESPONSE by deft to the Court's directive at the April 4 hrg re status of case [36-1]  (vjt) [Entry date 05/06/96] 5/7/96 44 RESPONSE by plaintiffs to motion to strike pltfs' supplemental memorandum of law in support of their motion dismiss counterclaim [42-1] (jad) [Entry date 05/08/96] 5/8/96 45 MOTION by deft to compel (vjt) [Entry date 05/09/96] 5/8/96 46 MEMORANDUM by deft in support of motion to compel [45-1] (vjt) [Entry date 05/09/96] 5/8/96 47 AFFIDAVIT of Andrew S. Marovitz regarding motion to compel [45-1] (vjt) [Entry date 05/09/96] 5/22/96 48 MEMORANDUM by pltfs in opposition to deft's motion to compel [45-1] (vjt) [Entry date 05/23/96] 5/22/96 49 AFFIDAVIT of Christopher W. Madel regarding motion response [48-1] (vjt) [Entry date 05/23/96] 5/29/96 50 ORDER by Judge Susan W. Wright setting a hrg for 1:30 on 7/12/96 to dispose of pending motions [45-1] [42-1] [31-1] [27-1] [22-1] [14-1]; the Court directs that no further motions or responsive pleadings are to be filed prior to that date; parties shall file a status report on or before 7/5/96 (cc: all counsel) (vjt) [Entry date 05/30/96] 6/17/96 51 EMERGENCY MOTION by deft for protective order (vjt) [Entry date 06/18/96] 6/18/96 52 ORDER by Judge Susan W. Wright referring to Magistrate Judge H. D. Young deft's emergency motion for protective order [51-1] (cc: all counsel) EOD 6/18/96 (vjt) 6/19/96 53 MEMORANDUM by pltfs in opposition to deft's emergency motion for protective order [51-1] (Exhibit 1 filed under seal) (vjt) [Entry date 06/20/96] 6/21/96 54 ORDER by Magistrate Judge H. D. Young granting in part & denying in part the motion for protective order [51-1] (cc: all counsel) (bt) [Entry date 06/24/96] 7/5/96 55 NOTICE by plaintiffs of filing proposed joint statement in advance of 7/12/96 conference (kayp) [Entry date 07/08/96] 7/5/96 56 WRITTEN STATUS REPORT by defendant Brunswick Corp (kayp) [Entry date 07/08/96] Docket as of April 30, 1998 7:05 pm Page 43 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 7/9/96 57 ORDER by Judge Susan W. Wright referring to Magistrate Judge H. D. Young all pretrial motions in this case until the conclusion of this Court's lengthy criminal trial, USA v. Herby Branscum, Jr. & Robert M. Hill [45-1] [42-1] [31-1] [27-1] [22-1] [14-1]; the hrg set for 7/12/96 is hereby continued (cc: all counsel) EOD 7/9/96 (vjt) 7/10/96 58 SUPPLEMENTAL MOTION by defendant Brunswick Corp for protective order regarding Sheller deposition (kayp) 7/11/96 59 ORDER (DOC): Case will remain assigned to Judge Susan Webber Wright but will be referred to Magistrate Judge Jerry W. Cavaneau in place of Magistrate Judge H. David Young (cc: all counsel) EOD 7/11/96 (vjt) 7/16/96 60 MEMORANDUM by pltfs in opposition to deft's supplemental motion for protective order re Sheller deposition [58-1] (vjt) [Entry date 07/17/96] 7/17/96 61 AFFIDAVIT of K. Craig Wildfang in support of motion response [60-1] (vjt) 8/2/96 62 ORDER by Magistrate Judge Jerry W. Cavaneau directing the Clerk to correct error re memo to the file (#59); this case will remain assigned to Judge Wright but motion referrals and/or case referrals will be assigned to Magistrate Judge Cavaneau; referring to Magistrate Judge Jerry W. Cavaneau all pretrial motions [58-1] [45-1] [42-1] [31-1] [27-1] [22-1] [14-1]; terminating case referral to Magistrate Judge Jerry W. Cavaneau (cc: all counsel) (vjt) [Entry date 08/05/96] 8/27/96 63 SUPPLEMENTAL MOTION by deft Brunswick Corp to compel production of financial information and other material (vjt) [Entry date 08/28/96] 8/27/96 64 MEMORANDUM by deft Brunswick Corp in support of supplemental motion to compel production of financial information and other material [63-1] (vjt) [Entry date 08/28/96] 8/27/96 65 AFFIDAVIT of Mary Ann Spiegel regarding motion to compel production of financial information and other material [63-1] (vjt) [Entry date 08/28/96] 8/27/96 66 AFFIDAVIT of Tracy A. Rosenthal regarding motion to compel production of financial information and other material [63-1] (vjt) [Entry date 08/28/96] 9/10/96 67 MEMORANDUM by pltfs in opposition to deft's supplemental motion to compel [63-1] (vjt) 9/18/96 68 NOTICE of and MOTION by pltfs to impose sanctions and to compel discovery responses from deft (vjt) Docket as of April 30, 1998 7:05 pm Page 44 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 9/18/96 69 MEMORANDUM by pltfs in support of motion to impose sanctions [68-1] and to compel discovery responses [68-2] (vjt) 9/18/96 70 AFFIDAVIT of K. Craig Wildfang in support of pltfs' motion to impose sanctions on deft for failing to fulfill its discovery obligations [68-1] [68-2] (vjt) 9/20/96 71 NOTICE of and MOTION by pltfs for partial summary judgment or, in the alternative, that certain matters be admitted (filed under seal) (vjt) [Entry date 09/23/96] 9/20/96 72 MEMORANDUM by pltfs in support of motion for partial summary judgment [71-1] or, that certain matters be admitted [71-2] (filed under seal) (vjt) [Entry date 09/23/96] 9/20/96 73 AFFIDAVIT of David F. Ball regarding motion for partial summary judgment [71-1] or, that certain matters be admitted [71-2] (filed under seal) (vjt) [Entry date 09/23/96] 9/20/96 74 AFFIDAVIT of Christopher W. Madel regarding motion for partial summary judgment [71-1] or, that certain matters be admitted [71-2] (filed under seal) (vjt) [Entry date 09/23/96] 9/26/96 75 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part and denying in part deft's motion for protective order [14-1]; granting pltfs' motion to strike deft's reply memorandum in support of its motion for protective order, or in the alternative, for oral argument on that motion [22-1] (cc: all counsel) EOD 9/26/96 (vjt) 9/26/96 76 PROTECTIVE ORDER by Magistrate Judge Jerry W. Cavaneau re pretrial procedures (cc: all counsel) EOD 9/26/96 (vjt) 9/27/96 77 MOTION by defendant to extend time to resp to pltfs' motion for partial summary judgment or in the alternative that certain matters be admitted (bt) [Entry date 09/30/96] 9/27/96 78 MEMORANDUM by defendant in opposition to motion to impose sanctions regarding the production & copying of documents [68-1] (bt) [Entry date 09/30/96] 9/27/96 79 STIPULATION of dismissal w/prej by pltf/counterdeft Fiber Sport Inc, and deft/counterclaimant Brunswick Corp (bt) [Entry date 09/30/96] Docket as of April 30, 1998 7:05 pm Page 45 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 9/27/96 80 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion to extend time to resp to pltfs' motion for partial summary judgment or in the alternative that certain matters be admitted until 10/30/96 [77-1] [71-1] [71-2] (cc: all counsel) (bt) [Entry date 09/30/96] 9/27/96 81 ORDER by Judge James M. Moody purs to the stipulation entered, all claims pltf/counterdeft Fiber Sport Inc & deft/counterclaimant have asserted against the other in this action is dismissed w/prej & each party shall bear its own costs (cc: all counsel) (bt) [Entry date 09/30/96] 9/30/96 82 ORDER (DOC) scheduling Rule 16 hearing before Hon James M Moody at 1:00 on 10/17/96 (cc: all counsel) (kayp) 9/30/96 83 ORDER (DOC): setting a hrg for 10/16/96 at 9:30 am before Magistrate Judge Jerry W. Cavaneau on the following motions: to compel discovery responses from deft [27-1], to compel [45-1], for protective order re Sheller deposition [58-1], to compel production of financial info & other material [63-1], to impose sanctions [68-1], and to compel disc responses [68-2] (cc: all counsel) (vjt) [Entry date 10/01/96] 10/1/96 84 NOTICE of Motion and MOTION by pltfs to compel electronically-stored information and to prevent the further destruction of documents (filed under seal) (vjt) [Entry date 10/02/96] [Edit date 10/02/96] 10/1/96 85 MEMORANDUM by pltfs in support of motion to compel electronically-stored information and to prevent the further destruction of documents [84-1] (filed under seal) (vjt) [Entry date 10/02/96] [Edit date 10/02/96] 10/1/96 86 AFFIDAVIT of Christopher W. Madel regarding motion to compel electronically-stored information and to prevent the further destruction of documents [84-1] (filed under seal) (vjt) [Entry date 10/02/96] 10/1/96 87 AFFIDAVIT of Constance K. White regarding motion to compel electronically-stored information and to prevent the further destruction of documents [84-1] (filed under seal) (vjt) [Entry date 10/02/96] 10/1/96 88 AMENDED Notice of Motion and MOTION by pltfs to compel electronically-stored information and to prevent the further destruction of documents (filed under seal) (vjt) [Entry date 10/02/96] 10/2/96 89 ORDER by Judge Susan W. Wright Case reassigned to Judge James M. Moody (cc: all counsel) EOD 10/2/96 (vjt) 10/3/96 90 NOTICE OF MOTION AND MOTION by plaintiff for leave to amend complaint to add additional plaintiffs (kayp) Docket as of April 30, 1998 7:05 pm Page 46 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 10/3/96 91 MEMORANDUM by plaintiffs in support of motion for leave to amend complaint to add additional plaintiffs [90-1] (kayp) 10/3/96 92 ORDER by Judge James M. Moody withdrawing reference of pending motion to dismiss and motion for partial summary judgment; all discovery motions remain referenced to Magistrate Jerry W Cavaneau (cc: all counsel) (kayp) [Entry date 10/04/96] 10/4/96 93 ORDER by Magistrate Judge Jerry W. Cavaneau directing parties to file a discovery status report and proposed agenda for the 10/16/96 discovery conference on or before 10/11/96 (cc: all counsel) EOD 10/4/96 (kayp) 10/11/96 94 MEMORANDUM by defendant in opposition to motion to compel electronically-stored information and to prevent the further destruction of documents [84-1] [88-1] (UNDER SEAL) (bt) [Entry date 10/15/96] [Edit date 10/15/96] 10/11/96 95 DISCOVERY STATUS REPORT by plaintiffs (bt) [Entry date 10/15/96] 10/11/96 96 PROPOSED Hearing agenda and discovery status report by defendant (bt) [Entry date 10/15/96] 10/16/96 97 CLERK'S MINUTES: Hearing held before Magistrate Judge Jerry W. Cavaneau on pending motions (Docket #'s 27, 45, 58, 63 and 68). Craig Wildfang, Brooks Poley, Chris Madel, Amy Stewart and Jerry Jones present for pltfs. Mark McLaughlin, Dan DuPre, William H. Sutton and Jim Simpson present for deft. Court to enter written order. ERO - Donna Jackson (dj) 10/17/96 98 MINUTES: RULE 16 hearing before Judge James M. Moody. Ct. reporter Carolyn Fant. (sp) 10/18/96 99 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part and denying in part motion to compel discovery responses from deft Brunswick Corporation [27-1], granting in part and denying in part motions to compel [45-1] [63-1], finding motion for protective order regarding Sheller deposition moot [58-1], granting in part and denying in part motion to compel copies of Genmar documents and for sanctions [68-1] [68-2] and granting in part with modification motion to compel electronically-stored information and to prevent the destruction of documents [84-1]; all requests for sanctions in the various motions are denied (cc: all counsel) (kayp) [Entry date 10/24/96] 10/21/96 100 ORDER by Judge James M. Moody granting motion for leave to amend complaint to add additional plaintiffs [90-1] (cc: all counsel) (kayp) [Entry date 10/24/96] Docket as of April 30, 1998 7:05 pm Page 47 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 10/22/96 101 ORDER by Judge James M. Moody setting oral arguments on pending motions for 11/26/96 at 1:00 p.m. with status conferences to be held every three months on 1/23/97, 4/24/97, 7/17/97 and 10/16/97, each to begin at 1:00 p.m. (cc: all counsel) (kayp) [Entry date 10/24/96] 10/25/96 102 SECOND AMENDED COMPLAINT [21-1]; adding plaintiffs Doral Intl Inc and Albemarle Boats Inc (kayp) [Entry date 10/28/96] 10/29/96 103 AMENDED ORDER by Judge James M. Moody setting oral arguments on pending motions on Tuesday, 11/26/96 at 1:00 and scheduling status conference every 3 months beginning on Thursday, 1/23/97 at 1:00 and continuing on Thursday, 4/24/97, Thursday, 7/17/97 and Thursday, 10/16/97, each beginning at 1:00 p.m. (cc: all counsel) EOD 10/29/96 (kayp) 10/30/96 104 MEMORANDUM by defendant Brunswick Corp in opposition to motion for partial summary judgment [71-1], or in the alternative that certain matters be admitted [71-2] (filed under seal) (kayp) [Entry date 10/31/96] [Edit date 11/14/96] 10/30/96 105 STATEMENT OF FACTS (Rule 29) by defendant Brunswick Corp (kayp) [Entry date 11/01/96] 11/4/96 106 NOTICE by plaintiffs of filing List of Documents (by Bates Number Reference) from the Genmar litigation (filed in camera under seal) and Acknowledgment by Merrill Corporation (copy service) of receipt of copy of court's order of 10/18/96 as well as plaintiffs' Bates Requested List and that same is not to be disclosed to any party except counsel for plaintiffs (kayp) [Edit date 11/04/96] 11/4/96 107 STATUS REPORT by Brunswick Corp re electronic information issues (kayp) [Entry date 11/05/96] 11/4/96 107 MOTION by Brunswick Corp for reconsideration of scope of preservation order (kayp) [Entry date 11/05/96] 11/4/96 108 OBJECTIONS by Brunswick Corp to Judge Cavaneau's order dated 10/18/96 [99-1] (kayp) [Entry date 11/05/96] 11/5/96 109 NOTICE AND MOTION by plaintiffs for an order protecting pltfs from being forced to comply with the deposition arrangement Brunswick has sought to impose (bt) [Entry date 11/06/96] 11/5/96 110 MEMORANDUM by plaintiffs in support of motion for an order protecting pltfs from being forced to comply with the deposition arrangement Brunswick has sought to impose [109-1] (bt) [Entry date 11/06/96] Docket as of April 30, 1998 7:05 pm Page 48 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 11/5/96 111 AFFIDAVIT of Constance K. White regarding motion for an order protecting pltfs from being forced to comply with the deposition arrangement Brunswick has sought to impose [109-1] (bt) [Entry date 11/06/96] 11/5/96 112 AFFIDAVIT of K. Craig Wildfang regarding motion for an order protecting pltfs from being forced to comply with the deposition arrangement Brunswick has sought to impose [109-1] (bt) [Entry date 11/06/96] 11/7/96 113 RESPONSE by Brunswick Corp to motion for an order protecting pltfs from being forced to comply with the deposition arrangement Brunswick has sought to impose [109-1] (kayp) 11/8/96 114 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion for an order protecting pltfs from being forced to comply with the deposition arrangement Brunswick has sought to impose [109-1] (cc: all counsel) (kayp) [Entry date 11/12/96] 11/8/96 115 ANSWER by defendant Brunswick Corp to plaintiffs' second amended complaint (kayp) [Entry date 11/12/96] 11/8/96 115 SECOND AMENDED COUNTERCLAIM by counter-claimant Brunswick Corp (kayp) [Entry date 11/12/96] 11/8/96 116 MEMORANDUM OF LAW by plaintiffs in support of clarification of protective order entered 9/26/96 [76-1] (filed under seal) (kayp) [Entry date 11/12/96] [Edit date 11/14/96] 11/8/96 117 AFFIDAVIT of Christopher W. Madel regarding memorandum [116-1] (filed under seal) (kayp) [Entry date 11/12/96] [Edit date 11/14/96] 11/8/96 118 MEMORANDUM by Brunswick Corp to order of Magistrate Cavaneau re the notice to be provided to former employees prior to interviews by counsel [99-1]  (kayp) [Entry date 11/13/96] 11/13/96 119 NOTICE OF MOTION AND MOTION by plaintiff to compel a response (filed under seal) (kayp) [Entry date 11/14/96] 11/13/96 120 MEMORANDUM by plaintiffs in support of motion to compel a response [119-1] (filed under seal) (kayp) [Entry date 11/14/96] [Edit date 11/14/96] 11/13/96 121 AFFIDAVIT of K. Craig Wildfang regarding motion to compel a response [119-1] (filed under seal) (kayp) [Entry date 11/14/96] [Edit date 11/14/96] Docket as of April 30, 1998 7:05 pm Page 49 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 11/13/96 122 MEMORANDUM OF LAW by plaintiffs in response to defendant Brunswick's status report regarding electronic information issues and motion for reconsideration of scope of preservation order [107-1] (filed under seal) (kayp) [Entry date 11/14/96] [Edit date 11/14/96] 11/13/96 123 AFFIDAVIT of Christopher W. Madel re memorandum of law in response to status report re electronic info issues and motion for reconsideration of scope of preservation order [122-1] (filed under seal) (kayp) [Entry date 11/14/96] 11/15/96 124 TRANSCRIPT (1 volume) of hearing on pending motions before Magistrate Jerry W. Cavaneau on 10/16/96 (kayp) 11/19/96 125 MOTION by Brunswick Corp to extend time within which to respond to plaintiffs' seventh set of discovery requests (kayp) 11/20/96 126 CLERK'S MINUTES: Telephone conference held with Magistrate Judge Cavaneau, Amy Stewart, Craig Wildfang, Jim Simpson and Mary Ann Spiegel regarding motion to extend time to respond to discovery requests. Court to enter written order. ERO - Donna Jackson (dj) 11/21/96 127 MEMORANDUM by Brunswick Corp in opposition to plaintiffs' motion to compel a response [119-1] (kayp) [Entry date 11/22/96] 11/22/96 128 ORDER by Magistrate Judge Jerry W. Cavaneau granting, with conditions, motion to extend time within which to respond to seventh set of discovery requests [125-1]; hearing on pending disposive motions, previously set for 11/26/96 is canceled and the hearing reset for 9:00 on 12/16/96 at the same location (cc: all counsel) EOD 11/22/96 (kayp) 11/25/96 129 OPPOSITION by plaintiff to defendant's motion for extension of time within which to respond to plaintiffs' seventh set of discovery requests [125-1]  (kayp) 11/26/96 130 MEMORANDUM OF LAW by plaintiffs in opposition to objections of deft Brunswick Corp to Magistrate Cavaneau's order dated 10/18/96 (filed under seal) (kayp) [Edit date 11/26/96] 11/26/96 131 AFFIDAVIT of Christopher W Madel regarding memorandum of law in response to deft's status report regarding electronic information issues and motion for reconsideration of scope of preservation order [107-1] (filed under seal) (kayp) [Edit date 11/26/96] 12/3/96 132 Notice of motion and motion by plaintiffs to compel compliance by deft Brunswick Corp with court's 10/18/96 order (filed under seal) (kayp) Docket as of April 30, 1998 7:05 pm Page 50 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 12/3/96 133 MEMORANDUM by plaintiffs in support of motion to compel compliance by deft Brunswick Corp with court's 10/18/96 order [132-1] (filed under seal) (kayp) 12/3/96 134 AFFIDAVIT of K. Craig Wildfang regarding motion to compel compliance by deft Brunswick Corp with court's 10/18/96 order [132-1] (filed under seal) (kayp) 12/13/96 135 MEMORANDUM by Brunswick Corp in opposition to motion to compel compliance by deft Brunswick Corp with court's 10/18/96 order [132-1] (Exhibits to Memorandum Filed Under Seal) (kayp) [Entry date 12/16/96] 12/16/96 136 CLERK'S MINUTES: HEARING on dispositive motions before Judge James M. Moody. Court takes motions under advisement. Reptr. Carolyn Fant. (sp) [Entry date 12/17/96] 12/19/96 137 AFFIDAVIT of Constance K. White (bt) [Entry date 12/26/96] [Edit date 12/27/96] 12/20/96 138 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau, Jim Simpson and Amy Stewart. ERO - Donna Jackson (dj) [Edit date 12/27/96] 12/20/96 139 MOTION by Brunswick Corp for protective order & return of privileged documents (lb) [Entry date 12/24/96] [Edit date 12/27/96] 12/20/96 140 MEMORANDUM by deft Brunswick Corp in support of motion for protective order [139-1] & return of privileged documents (lb) [Entry date 12/24/96] [Edit date 12/27/96] 12/20/96 141 ORDER by Judge James M. Moody denying motion to dismiss counterclaim of deft Brunswick Corp [31-1]; finding the motion to strike pltfs' supplemental memorandum of law in support of their motion to dismiss counterclaim moot [42-1] (cc: all counsel) (bt) [Entry date 12/24/96] [Edit date 12/27/96] 12/23/96 142 ORDER by Judge Jerry W. Cavaneau setting telephone conference hearing at 11:00 a.m. on 12/30/96 to discuss various discovery issues; parties are to initiate call (cc: all counsel) (kayp) [Entry date 12/30/96] [Edit date 01/07/97] Docket as of April 30, 1998 7:05 pm Page 51 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 12/23/96 143 ORDER by Magistrate Judge Jerry Cavaneau denying in part and granting in part motion for reconsideration of scope of preservation order [107-1]; Genmar Documents aspect of motion is denied; deft has demonstrated that it is entitled to a narrowing of the Preservation Order and court will permit destruction of irrelevant material or materials whose cost of preservation substantially outweighs their relevance parties shall file list of categories of all materials they wish to destroy, with service on the opposition, who shall file any objections within 11 days thereafter; the order of 10/18/96 shall remain in effect (cc: all counsel) (kayp) [Entry date 12/30/96] [Edit date 09/22/97] 12/23/96 144 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part, denying in part and deferring in part motion to compel electronically-stored information and to prevent the further destruction of documents [84-1]; deft shall provide to the court and to plaintiffs a detailed written description of all electronically stored information maintained by deft on or before 1/15/97; granting in part, denying in part and deferring in part motion to compel compliance by deft Brunswick Corp with court's 10/18/96 order [132-1] (cc: all counsel) (kayp) [Entry date 12/30/96] 12/30/96 145 CLERK'S MINUTES: PHONE CONFERENCE held with Magistrate Judge Cavaneau and counsel representation from each party present. Status of issues and deadlines discussed. ERO Jan Hoyt (jah) 12/31/96 146 ORDER by Judge James M. Moody denying motion for partial summary judgment [71-1] and denying motion that certain be admitted, but granting the alternate motion to require than an amended answer be served [71-2] (cc: all counsel) EOD 12/31/96 (kayp) 1/3/97 147 SCHEDULING ORDER (DOC) setting jury trial for 9:15 on 1/26/98; discovery due 12/1/97; status report due 12/1/97; info sheet due 1/5/98 (cc: all counsel) (kayp) [Entry date 01/06/97] 1/6/97 148 ORDER by Magistrate Judge Jerry W. Cavaneau modifying the protective order of 9/26/96 and exhibit b thereto (the notice letter) (cc: all counsel) (kayp) [Entry date 01/07/97] 1/7/97 149 ORDER by Magistrate Judge Jerry W. Cavaneau correcting fax number stated in court's order of 12/23/96 to 501-324-6339 (cc: all counsel) (kayp) [Entry date 01/08/97] 1/9/97 150 AGENDA AND BRIEF filed by Brunswick Corp for 1/10/97 telephone conference (kayp) [Entry date 01/10/97] Docket as of April 30, 1998 7:05 pm Page 52 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 1/10/97 151 CLERK'S MINUTES: Pre-trial conference held before Magistrate Judge Cavaneau. Amy Stewart and Jerry Jones - for pltfs and Jim Simpson and David Wilson - for deft present in chambers. Brooks Poley and Craig Wildfang - pltfs and Mark McLaughlin, Dan DuPre, Mary Ann Spiegel and John Carroll - deft present by telephone. ERO - Donna Jackson (dj) 1/13/97 152 ORDER by Magistrate Judge Jerry W. Cavaneau setting computer expert meeting for 9:00 on 1/23/97; setting hearing on motion for protective order on 1/23/97 following scheduled status conference with Judge Moody [139-1]; granting deft through 1/31/97 to comply with Judge Moody's order of 12/31/96; requiring deft to supplement its responses to plaintiffs' discovery requests; plaintiffs shall also respond to deft's proposed e-mail questionnaire and list of relevant depts by 1/14/97; plaintiffs are to provide to the court on or before 1/14/97 representative copies of instructions sent to clients as to what documents would be responsive and would have to be produced (cc: all counsel) (kayp) [Entry date 01/14/97] 1/13/97 153 MEMORANDUM by plaintiff in opposition to motion for protective order and for the return of privileged documents [139-1] (Filed Under Seal) (kayp) [Entry date 01/14/97] 1/13/97 154 AFFIDAVIT of K. Craig Wildfang regarding memorandum in opposition to motion for a protective order and for the return of privileged documents [153-1] (Filed Under Seal) (kayp) [Entry date 01/14/97] [Edit date 01/14/97] 1/13/97 155 AFFIDAVIT of Constance K. White regarding memorandum in opposition to motion for protective order and for the return of privileged documents [153-1] (kayp) [Entry date 01/14/97] 1/14/97 156 AFFIDAVIT of Cathy Ward of service by mail of memorandum of law in opposition to motion for a protective order [153-1], and affidavits in support thereof [154-1] [155-1] (Filed Under Seal) (kayp) [Entry date 01/15/97] 1/15/97 157 AGENDA AND BRIEF filed by defendant Brunswick Corp for 1/17 telephone conference (kayp) [Entry date 01/16/97] 1/17/97 158 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Jim Simpson present in chambers and Mark McLaughlin present by phone for deft. Brooks Poley present by phone for pltfs. E.R.O. - Donna Jackson (dj) Docket as of April 30, 1998 7:05 pm Page 53 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 1/21/97 159 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone discovery conference of 1/17/97 ordering plaintiffs to respond by 1/23/97 to deft's deficiency letters; the e-mail questionnaire submitted by defts shall be the form utilized with exceptions set out in this order; pltfs' request that the questionnaire be sent to all employees with computers is denied; deft shall provide pltfs a list identifying each individual to whom a questionnaire is sent; pltfs shall, as soon as possible, furnish to deft and the court a list of persons they feel should take part in the computer meeting on 1/23/97 and furnish their list of categories of info to be explored at the meeting by 1/20/97; argument will be heard on deft's motion for return of privileged documents on 1/23/97 following the status conference (cc: all counsel) EOD 1/21/97 (kayp) 1/23/97 160 CLERK'S MINUTES: Hearing on deft's mot for protective order and return of privileged documents (Docket #139) held before Magistrate Judge Jerry W. Cavaneau. Jerry Jones, Amy Stewart, Craig Wildfang and Brooks Poley present for pltfs. Jim Simpson, Mark McLaughlin, Dan Dupree, William Sutton and Mary Ann Spiegel present for deft. Court to enter written order. ERO - Donna Jackson (dj) 1/23/97 161 CLERK'S MINUTES: STATUS CONF. held before Judge James M. Moody. Oral motion by defts. to amend answer granted. The parties are given 10 days to work out issues relating to clarification of order denying motion to dismiss counterclaim. An ASO resetting trial date will be forthcoming. Ctreptr. Carolyn Fant. (sp) [Entry date 01/24/97] 1/24/97 162 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion for protective order and directing plaintiffs to return the documents identified in deft's privilege log, including all copies [139-1] (cc: all counsel) (kayp) [Entry date 01/27/97] 1/27/97 163 ORDER by Judge James M. Moody following status conference of 1/23/97 granting deft's oral motion in open court to file an amended answer due to a clerical error; and granting parties ten days in which to mutually resolve issues re FTC advisory opinion process; if unable to do so, application should be made to the court for further rulings cc: all counsel) EOD 1/27/97 (kayp) 1/28/97 164 ORDER by Judge James M. Moody affirming the first aspect of order of 10/18/96 and dismissing the second aspect of the order and affirming Judge Cavaneau's later ruling on motion for reconsideration [108-1] [107-1] (cc: all counsel) (kayp) [Entry date 01/29/97] Docket as of April 30, 1998 7:05 pm Page 54 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 1/29/97 165 AGENDA AND BRIEF filed by Brunswick Corp for 1/31 telephone conference (kayp) [Entry date 01/31/97] 1/31/97 166 CLERK'S MINUTES: Telephone conference held with Magistrate Judge Cavaneau. Amy Stewart and Jim Simpson present in chambers and Brooks Poley, Mark McLaughlin, Mary Ann Spiegel and Dan DuPre by telephone. ERO - Donna Jackson (dj) 1/31/97 167 ORDER by Judge James M. Moody granting plaintiffs a 10-day extension of time in which to appeal to the district court from the Magistrate's order of 1/24/97 (cc: all counsel) EOD 1/31/97 (kayp) 2/3/97 168 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone discovery conference of 1/31/97 ordering pltfs to file a list of items not responded to on or before 2/7/97 and project when those responses will be made; all financial info shall be produced on or before 2/14/97; on or before 2/5/97 pltfs shall identify not more than 15 of defts' employees whose electronic files they wish to review and deft shall file any objection on or before the close of business on 2/7/97; deft shall produce to pltfs not later than 2/26/97 in electronic format all computer files and other electronic info which each employee has created or which resides on the employee's hard-drive, including any e-mail sent to or received by the employee, only privileged or non-marine materials to be excluded; deft shall have the same right to spot-check pltfs' production of electronic materials if it chooses; the parties will report on the status of this issue at the discovery conference of 2/7/97; the court will not stay the order for return of privileged documents but the district court has granted a 10-day extension for time to appeal to the district judge from the magistrate judge's order of 1/24/97; the previous order concerning the place of depositions shall remain in effect; pltfs' request for a moratorium on depositions for the month of February is denied (cc: all counsel) (kayp) [Entry date 02/04/97] 2/5/97 169 AGENDA AND BRIEF filed by defendant Brunswick Corp for 2/7/97 telephone conference (kayp) [Entry date 02/06/97] 2/7/97 170 CLERK'S MINUTES: Telephone (status) conference held before Magistrate Judge Jerry W. Cavaneau. Amy Stewart for pltfs and Jim Simpson and Tony Wilcox for deft present in chambers; Brooks Poley and Craig Wildfang for pltfs and Mark McLaughlin, Dan Dupree and Mary Ann Spiegel for deft present by telephone. ERO - Donna Jackson (dj) 2/10/97 171 NOTICE by plaintiffs of filing proposed agenda for 2/7/97 telephone conference with Magistrate Judge Cavaneau (kayp) [Entry date 02/11/97] Docket as of April 30, 1998 7:05 pm Page 55 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/12/97 172 AGENDA AND BRIEF filed by defendant for February 14 telephone conference (bt) [Entry date 02/14/97] 2/12/97 173 ORDER by Magistrate Judge Jerry W. Cavaneau purs to the telephone conference of 2/7/97, the court orders pltfs to provide their responses and supplemental production with resp to those 30 days letter responses which are currently delinquent by 2/21/97; pltfs are granted until the time for appeal to the district judge has run to return the alleged privileged documents encompassed by the court's 1/24/97 order; if pltfs choose to appeal, the documents may be held pending the disposition of the appeal; the court will ask for a status report at the next Friday conference (cc: all counsel) (bt) [Entry date 02/14/97] 2/14/97 174 CLERK'S MINUTES: Telephone conference held with Magistrate Judge Cavaneau. Jerry Jones (pltf) and Tony Wilcox (deft) present in chambers and Brooks Poley (pltf) and Mark McClaughlin, Dan Dupree and Mary Ann Spiegel present by telephone. ERO - Donna Jackson (dj) 2/14/97 175 NOTICE OF MOTION and MOTION by plaintiffs for reconsideration of Magistrate Judge Cavaneau's January 24, 1997 order UNDER SEAL (bt) 2/14/97 176 MEMORANDUM by plaintiffs in support of motion for reconsideration of Magistrate Judge Cavaneau's January 24, 1997 order [175-1] UNDER SEAL (bt) [Edit date 02/14/97] 2/14/97 176 OBJECTIONS by plaintiffs to Magistrate Judge Cavaneau's order of 1/24/97 [162-1] UNDER SEAL (bt) [Edit date 02/14/97] 2/14/97 177 AFFIDAVIT of Constance K. White regarding motion for reconsideration of Magistrate Judge Cavaneau's January 24, 1997 order [175-1] UNDER SEAL (bt) 2/18/97 178 ORDER by Magistrate Judge Jerry W. Cavaneau after the telephone conference of 2/14/97 modifying the court's 10/18/96 order, directing parties to file any application to Judge Moody for resolution of the problems arising out of the counterclaim, cancelling the telephone discovery conference of 2/21/97 and noting that the next three telephone discovery conferences will be held on 2/28/97, 3/14/97 and 3/28/97 and rescheduling status conference for 10/9/97 at 1:00 in Room 545, U.S. Courthouse (cc: all counsel) (kayp) [Entry date 02/20/97] [Edit date 02/25/97] 2/18/97 179 AMENDMENT TO ANSWER to pltfs' consolidated amended complaint and amended counterclaim by deft Brunswick Corp (kayp) [Entry date 02/21/97] [Edit date 02/25/97] Docket as of April 30, 1998 7:05 pm Page 56 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/20/97 180 TRANSCRIPT (1 volume) of hearing before the Hon. Jerry W. Cavaneau on 1/23/97 (kayp) [Entry date 02/21/97] [Edit date 02/25/97] 2/24/97 182 CLERK'S MINUTES: Telephone conference held with Magistrate Judge Cavaneau. Any Stewart (pltf), Chris Madel (pltf), Craig Wildfang (pltf), Andrew Marovitz (deft) and Tony Wilcox (dft) present by telephone. ERO - Jan Hoyt (jah) [Edit date 02/25/97] 2/24/97 181 RESPONSE by defendant Brunswick Corp to motion for reconsideration of Magistrate Judge Cavaneau's January 24, 1997 order [175-1] (kayp) [Entry date 02/25/97] 2/25/97 183 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone conferences of 2/21 and 2/24/97 regarding the Sheller deposition and other depositions (cc: all counsel) (kayp) [Entry date 02/26/97] 2/26/97 184 NOTICE by defendant Brunswick Corp of filing agenda and brief for 2/28 telephone conference (kayp) [Entry date 02/27/97] 2/27/97 185 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion for reconsideration of Magistrate Judge Cavaneau's January 24, 1997 order [175-1] (cc: all counsel) EOD 2/27/97 (kayp) 2/28/97 186 CLERK'S MINUTES: Telephone conference held before Magistrate Judge Cavaneau. Jerry Jones (pltfs) and Jim Simpson (deft) present in chambers, Brooks Poley and Craig Wildfang for pltfs and Mark McLaughlin, Dan DuPre and Mary Ann Spiegel for deft present by phone. ERO - Donna Jackson (dj) 3/3/97 187 NOTICE OF MOTION AND MOTION by plaintiffs to compel (kayp) 3/3/97 188 MEMORANDUM by plaintiffs in support of motion to compel [187-1] (kayp) 3/3/97 189 AFFIDAVIT of Brooks F. Poley regarding motion to compel (kayp) 3/3/97 190 AFFIDAVIT of Ronnie J. La Plante regarding service of affidavit [189-1], memorandum of law in support of motion to compel [188-1] and motion to compel [187-1] and pltfs' proposed order upon counsel for opposing parties (kayp) 3/3/97 191 MOTION by plaintiffs to modify protective order FILED UNDER SEAL (kayp) 3/3/97 192 MEMORANDUM by plaintiffs in support of motion to modify protective order [191-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 57 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/3/97 193 AFFIDAVIT of Brooks F. Poley regarding motion to modify protective order [191-1] FILED UNDER SEAL (kayp) 3/3/97 194 AFFIDAVIT of service of Lisa M. Krafve regarding affidavit [193-1], memorandum [192-1] and motion to modify protective order [191-1] FILED UNDER SEAL (kayp) [Edit date 03/03/97] 3/3/97 195 MOTION by pltfs to compel production of deft's imaging system and indices (kayp) 3/3/97 196 MEMORANDUM of law by pltfs in support of motion to compel production of deft's imaging system and indices [195-1] FILED UNDER SEAL (kayp) 3/3/97 197 AFFIDAVIT of K. Craig Wildfang regarding motion to compel production of deft's imaging system and indices [195-1] (kayp) 3/3/97 198 AFFIDAVIT of Constance K. White regarding motion to compel production of deft's imaging system and indices [195-1] (kayp) 3/3/97 199 AFFIDAVIT of Laura A. Pfeiffer regarding motion to compel production of deft's imaging system and indices [195-1] (kayp) 3/3/97 200 MOTION by pltfs to compel the production of documents that Brunswick has withheld but failed to meaningfully identify on any privilege log FILED UNDER SEAL (kayp) [Edit date 03/03/97] 3/3/97 201 MEMORANDUM by plaintiff in support of motion to compel the production of documents that Brunswick has withheld but failed to meaningfully identify on any privilege log [200-1] FILED UNDER SEAL (kayp) 3/3/97 202 AFFIDAVIT of K. Craig Wildfang regarding motion to compel the production of documents that Brunswick has withheld but failed to meaningfully identify on any privilege log [200-1] FILED UNDER SEAL (kayp) 3/3/97 203 AFFIDAVIT of Constance K. White regarding motion to compel the production of documents that Brunswick has withheld but failed to meaningfully identify on any privilege log [200-1] FILED UNDER SEAL (kayp) 3/3/97 204 ORDER by Judge James M. Moody affirming Judge Cavaneau's order of 1/24/97 (cc: all counsel) (kayp) [Entry date 03/04/97] 3/3/97 205 NOTICE OF MOTION AND MOTION by pltfs to compel discovery against deft Brunswick Corp (relevant markets) FILED UNDER SEAL (kayp) [Entry date 03/04/97] Docket as of April 30, 1998 7:05 pm Page 58 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/3/97 206 MEMORANDUM by pltfs in support of motion to compel discovery against deft Brunswick Corp (relevant markets) [205-1] FILED UNDER SEAL (kayp) [Entry date 03/04/97] 3/3/97 207 AFFIDAVIT of Christopher W. Madel regarding motion to compel discovery against deft Brunswick Corp (relevant markets) [205-1] FILED UNDER SEAL (kayp) [Entry date 03/04/97] 3/3/97 208 NOTICE OF MOTION AND MOTION by plaintiffs to compel production of Joseph Pomeroy's June 1995 Sales Conference document FILED UNDER SEAL (kayp) [Entry date 03/04/97] 3/3/97 209 MEMORANDUM by pltfs in support of motion to compel production of Joseph Pomeroy's June 1995 Sales Conference document [208-1] FILED UNDER SEAL (kayp) [Entry date 03/04/97] 3/5/97 210 ORDER by Magistrate Judge Jerry W. Cavaneau following the telephone conference of 2/28/97 directing that deft shall produce all electronic data created on behalf of P Larson, R Steinway and W Barrington; parties shall suppy electronic materials as quickly as possible and file a written report by 3/12/97 stating what materials have and have not been supplied and projected completion date; parties shall submit by 3/12/97 their positions re pltfs' proposal that current employees are made available for trial; and advising parties of Judge Moody's availability to hear oral arguments on pltfs' proposed motion on 3/12 or 3/13 or late in the day on 3/25 or 3/28 (cc: all counsel) EOD 3/5/97 (kayp) 3/5/97 211 MOTION by plaintiffs to amend third amended complaint FILED UNDER SEAL (kayp) [Edit date 03/05/97] 3/5/97 212 MEMORANDUM by pltfs in support of motion to amend third amended complaint [211-1] FILED UNDER SEAL (kayp) [Edit date 03/05/97] 3/7/97 213 ORDER by Magistrate Judge Jerry W. Cavaneau after telephone conference of 3/6/97 ordering deft to respond to pltfs' motions to modify protective order and to compel production of withheld FTC documents by the close of business on 3/19/97; oral argument will be held on these motions on 3/21/97 at 9:00; deft shall respond to the remaining four motions by close of business on 4/3/97; oral argument on these motions is tentatively scheduled for 4/24/97 at 9:00; parties may request an earlier hearing on these motions (cc: all counsel) EOD 3/7/97 (kayp) 3/7/97 214 MOTION by pltfs for attorney Laura A. Pfeiffer to appear pro hac vice (kayp) [Entry date 03/10/97] Docket as of April 30, 1998 7:05 pm Page 59 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/11/97 215 ORDER by Judge James M. Moody granting motion for attorney Laura A. Pfeiffer to appear pro hac vice [214-1] (cc: all counsel) (kayp) [Entry date 03/12/97] 3/12/97 216 AGENDA AND BRIEF filed by Brunswick Corp for March 14 telephone conference and report on status of production of electronic information (kayp) [Entry date 03/13/97] [Edit date 03/13/97] 3/13/97 219 SUPPLEMENT TO AGENDA AND BRIEF by Brunswick Corp for March 14 telephone conference and report on status of production of electronic information [216-1] (kayp) [Entry date 03/17/97] 3/14/97 217 CLERK'S MINUTES: Telephone conference held with Magistrate Judge Cavaneau. Present in chambers for plaintiffs - Jerry Jones; for defendant - Jim Simpson and Tony Wilcox. Present by telephone for plaintiffs - Amy Stewart, Brooks Poley, Craig Wildfang and Ben Mulcahy; for defendant - Dan DuPre and Andy Marovitz. ERO - Donna Jackson (dj) 3/14/97 218 AMENDED SCHEDULING ORDER setting jury trial for 9:00 on 2/9/98; discovery due 12/1/97; pretrial info sheet due 1/19/98 (cc: all counsel) (kayp) 3/14/97 220 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone conference of 3/14/97 directing pltfs to submit privilege log on or before 4/18/97; directing parties to submit simultaneous briefs on the dealer info interrogs and requests before close of business on 3/19/97; the court will hear oral argument on this motion during the scheduled hearing of 3/21/97 at 9:00 (cc: all counsel) (kayp) [Entry date 03/17/97] 3/17/97 221 RESPONSE by defendant Brunswick Corp to motion to amend third amended complaint [211-1] (kayp) [Entry date 03/18/97] 3/18/97 222 MOTION by deft Brunswick Corp to strike pltfs' reply to second amended counterclaim and for default judgment on amended counterclaim and second amended counterclaim (kayp) [Entry date 03/19/97] 3/18/97 223 BRIEF by defendant Brunswick Corp in support of motion to strike pltfs' reply to second amended counterclaim [222-1] and for default judgment on amended counterclaim and second amended counterclaim [222-2] (kayp) [Entry date 03/19/97] 3/19/97 224 MEMORANDUM by defendant Brunswick Corp in opposition to motion to modify protective order [191-1] (kayp) [Entry date 03/20/97] Docket as of April 30, 1998 7:05 pm Page 60 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/19/97 225 MEMORANDUM by defendant Brunswick Corp in opposition to pltfs' motion to compel production of all of its communications with all of its marine dealers (see Pltfs' Agenda for March 14 Hearing, p. 2) (kayp) [Entry date 03/20/97] 3/19/97 226 MEMORANDUM by defendant Brunswick Corp in opposition to motion to compel the production of FTC privileged documents [200-1] (kayp) [Entry date 03/20/97] 3/20/97 227 MOTION by deft Brunswick Corp to extend time within which to supply appropriate electronic information for Peter Larson (kayp) [Entry date 03/21/97] 3/21/97 228 CLERK'S MINUTES: Hearing held on pending motions before Magistrate Judge Jerry W. Cavaneau. Jerry Jones, Amy Stewart and Craig Wildfang present for plaintiffs. Jim Simpson, Mark McLaughlin and William Sutton present for defendant. Court to enter written order. ERO - Donna Jackson (dj) 3/24/97 229 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion to extend time within which to supply appropriate electronic information for Peter Larson and granting a ten-day extension of time [227-1] (cc: all counsel) EOD 3/24/97 (kayp) 3/26/97 230 ORDER by Judge James M. Moody granting motion to amend third amended complaint [211-1] (cc: all counsel) (kayp) [Entry date 03/27/97] 3/28/97 231 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Present in chambers: Amy Stewart for pltfs and Jim Simpson for deft. Present by telephone: Brooks Poley, Craig Wildfang and Chris Madel for pltfs and Mark McLaughlin, Mary Ann Spiegel and Andy Marovitz for deft. Court to enter written order. ERO - Donna Jackson (dj) 3/28/97 232 MOTION by deft Brunswick Corp to deny pltf G W Invader highly confidential treatment of testimony and documents that show that it filed false reports to qualify for lower prices (kayp) [Entry date 03/31/97] 3/28/97 233 BRIEF by defendant Brunswick Corp in support of motion to deny pltf G W Invader highly confidential treatment of testimony and documents that show that it filed false reports to qualify for lower prices [232-1] (kayp) [Entry date 03/31/97] 3/28/97 234 ORDER by Magistrate Judge Jerry W. Cavaneau pursuant to telephone discovery conference of 3/28/97 (cc: all counsel) (kayp) [Entry date 03/31/97] Docket as of April 30, 1998 7:05 pm Page 61 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/31/97 235 THIRD AMENDED COMPLAINT [102-1] by plaintiffs; jury trial demanded (FILED UNDER SEAL) (kayp) [Edit date 03/31/97] 3/31/97 236 RESPONSE by plaintiff to motion to strike pltfs' reply to second amended counterclaim [222-1] and for default judgment on amended counterclaim and second amended counterclaim [222-2] (kayp) [Entry date 04/01/97] 4/1/97 237 MOTION by defendant Brunswick Corp to strike paragraph 67 from the third amended complaint and/or to exclude all references to internal transfer pricing (kayp) [Entry date 04/02/97] [Edit date 08/07/97] 4/1/97 238 MEMORANDUM by defendant Brunswick Corp in support of motion to strike paragraph 67 from the third amended complaint [237-1] and/or to exclude all references to internal transfer pricing [237-2] (kayp) [Entry date 04/02/97] 4/1/97 352 ORDER by Judge James M. Moody denying motion to strike paragraph 67 from the third amended complaint [237-1] (cc: all counsel) EOD 7/28/97 (kayp) [Entry date 07/28/97] [Edit date 08/07/97] 4/2/97 239 NOTICE by defendant Brunswick Corp of filing submission re deposition scheduling and protocol (kayp) [Entry date 04/03/97] 4/3/97 240 AFFIDAVIT of service by Jim Cameron that the third amended complaint was served upon John D. French with the firm of Faegre & Benson on 3/27/97 (kayp) 4/3/97 241 MEMORANDUM by deft Brunswick Corp in opposition to motion to compel production of Joseph Pomeroy's June 1995 Sales Conference document [208-1] FILED UNDER SEAL (kayp) [Entry date 04/04/97] [Edit date 04/04/97] 4/3/97 242 MEMORANDUM by deft in opposition to motion to compel discovery against deft Brunswick Corp (relevant markets) [205-1] FILED UNDER SEAL (kayp) [Entry date 04/04/97] [Edit date 04/04/97] 4/7/97 243 ANSWER by Brunswick Corp to pltfs' third amended complaint (kayp) 4/7/97 243 THIRD AMENDED COUNTERCLAIM by counter-claimant Brunswick Corp (kayp) 4/7/97 244 MEMORANDUM by deft in opposition to motion to compel production of deft's imaging system and indices [195-1] FILED UNDER SEAL (kayp) [Entry date 04/08/97] [Edit date 04/08/97] 4/7/97 245 AFFIDAVIT of Mary Ann Spiegel regarding memorandum in opposition to motion to compel [244-1] FILED UNDER SEAL Docket as of April 30, 1998 7:05 pm Page 62 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (kayp) [Entry date 04/08/97] 4/7/97 246 MEMORANDUM by deft in opposition to motion to compel the production of documents that Brunswick has withheld but failed to meaningfully identify on any privilege log [200-1] (kayp) [Entry date 04/08/97] 4/8/97 247 MOTION by pltfs to compel and for jury instruction FILED UNDER SEAL (kayp) [Edit date 04/08/97] 4/8/97 248 MEMORANDUM by plfs in support of motion to compel [247-1] and for jury instruction [247-2] FILED UNDER SEAL (kayp) 4/8/97 249 AFFIDAVIT of K. Craig Wildfang regarding motion to compel [247-1] and for jury instruction [247-2] FILED UNDER SEAL (kayp) [Edit date 04/08/97] 4/8/97 250 AFFIDAVIT of service of Ronnie J. La Plante regarding memorandum [248-1], motion to compel [247-1], and for jury instruction [247-2] (kayp) 4/8/97 251 NOTICE OF MOTION AND MOTION by plfs to compel production of electronic mail and for jury instruction FILED UNDER SEAL (kayp) 4/8/97 252 MEMORANDUM by pltfs in support of motion to compel production of electronic mail [251-1] and for jury instruction [251-2] FILED UNDER SEAL (kayp) 4/8/97 253 AFFIDAVIT of Constance K. White regarding motion to compel production of electronic mail [251-1] and for jury instruction [251-2] FILED UNDER SEAL (kayp) 4/8/97 254 AFFIDAVIT of Christopher W. Madel regarding motion to compel production of electronic mail [251-1] and for jury instruction [251-2] FILED UNDER SEAL (kayp) 4/8/97 255 AFFIDAVIT of Ronnie J. LaPlante regarding service of affidavits [254-1], [253-1], memorandum [252-1], and motion to compel production of electronic mail [251-1] (kayp) 4/8/97 256 ORDER by Judge James M. Moody recognizing March 3, 1997 as the effective date of pltfs' reply to deft's second amended counterclaim [115-1] (cc: all counsel) EOD 4/8/97 (kayp) 4/8/97 257 TRANSCRIPT (1 volume) of hearing on pending motions before Magistrate Judge Jerry W. Cavaneau on 3/21/97 (kayp) [Entry date 04/09/97] 4/9/97 258 AGENDA AND BRIEF filed by defendant for April 11th telephone conference (FILED UNDER SEAL) (kayp) [Entry date 04/10/97] [Edit date 04/10/97] Docket as of April 30, 1998 7:05 pm Page 63 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/11/97 259 CLERK'S MINUTES: Telephone conference held with Magistrate Judge Jerry W. Cavaneau. Present in chambers: Jim Simpson for deft; present by phone: Brooks Poley for pltfs and Mark McLaughlin and Mary Ann Spiegel. Court to enter written order. ERO - Donna Jackson (dj) 4/14/97 260 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone conference of 4/11/97 ordering parties to submit certain information as set out in this order by close of business on 4/16/97; and directing parties to exchange lists of individuals whom they anticipate deposing or calling as witnesses by 4/30/97 (cc: all counsel) (kayp) [Entry date 04/15/97] 4/16/97 261 WRITTEN STATUS REPORT by defendant Brunswick Corp in response to court's 4/14/97 order (kayp) [Entry date 04/17/97] 4/17/97 262 REPLY by pltfs to deft's answer to pltf's third amended complt and third amended counterclaim [243-1] (kayp) 4/17/97 263 MOTION by plaintiffs to compel the production of documents that are responsive to pltfs' eighth set of discovery requests FILED UNDER SEAL (kayp) 4/17/97 264 AFFIDAVIT of K. Craig Wildfang regarding motion to compel the production of documents that are responsive to pltfs' eighth set of discovery requests [263-1] FILED UNDER SEAL (kayp) 4/17/97 265 MEMORANDUM by pltfs in support of motion to compel the production of documents that are responsive to pltfs' set of discovery requests [263-1] FILED UNDER SEAL (kayp) 4/18/97 266 RESPONSE by defendant to pltfs' motion to compel [247-1] and for jury instruction [247-2] (kayp) [Entry date 04/21/97] 4/21/97 267 ORDER by Magistrate Judge Jerry W. Cavaneau based upon telephone discovery conference of 4/15/97 modifying order of 10/18/96; directing clerk to file under seal copies of highly confidential e-mail messages attached to letter of 4/15/97 from Craig Wildfang to Mark McLaughlin; and scheduling argument on various pending motions for 9:00 on 5/1/97 and 5/2/97; the status conference and argument of motions to be heard by Judge Moody remain scheduled for 1:30 on 5/2/97 (cc: all counsel) EOD 4/21/97 (kayp) 4/23/97 268 AGENDA AND BRIEF filed by defendant Brunswick Corp for 4/25/97 telephone conference (kayp) [Entry date 04/24/97] 4/24/97 269 ORDER by Magistrate Judge Jerry W. Cavaneau granting plaintiffs' oral motion to compel of 3/14/97, as modified in this order (cc: all counsel) (kayp) [Entry date 04/25/97] Docket as of April 30, 1998 7:05 pm Page 64 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/25/97 270 CLERK'S MINUTES: Telephone conference with Magistrate Judge Jerry W. Cavaneau. Jerry Jones for pltf and Jim Simpson and Tony Wilcox for deft present in chambers. Brooks Poley for pltfs and Mark McLaughlin, Mary Ann Speigel, Dan DuPre and Robert F. Finke for deft present by telephone. Court to enter written order. ERO - Donna Jackson (dj) 4/25/97 271 ORDER by Magistrate Judge Jerry W. Cavaneau following the telephone conference of 4/25/97 scheduling arguments before Judge Moody on May 1 and 2 to begin at 9:00; pltfs are to report to the court by the end of business on 4/29/97 as to the status of objections to e-mail deletions; clarifying court's order of 4/21/97 re deletion of Mercury Marine e-mail; directing deft to report its position by 4/28/97 on the Joseph Pomeroy affidavit filed in camera and ex parte (cc: all counsel) EOD 4/25/97 (kayp) 4/28/97 272 MEMORANDUM by defendant Brunswick Corp in opposition to motion to compel the production of documents that are responsive to pltfs' eighth set of discovery requests [263-1] (kayp) [Entry date 04/29/97] 4/28/97 273 MEMORANDUM by defendant Brunswick Corp in opposition to motion to compel production of electronic mail [251-1] and for jury instruction [251-2] (kayp) [Entry date 04/29/97] 4/29/97 274 MEMORANDUM by pltfs in opposition to motion to strike paragraph 67 from the third amended complaint [237-1] FILED UNDER SEAL (kayp) 4/29/97 275 AFFIDAVIT of Christopher W. Madel regarding memorandum in opposition to deft's motion to strike paragraph 67 from the third amended complaint and/or exclude all references to internal transfer pricing [274-1] FILED UNDER SEAL (kayp) [Edit date 04/29/97] 4/29/97 276 MEMORANDUM by pltfs in opposition to motion to deny pltf G W Invader highly confidential treatment of testimony and documents that show that it filed false reports to qualify for lower prices [232-1] FILED UNDER SEAL (kayp) 4/29/97 277 AFFIDAVIT of Brooks F. Poley regarding memorandum in opposition to deft's motion to deny pltf G W Invader "highly confidential" treatment of testimony and documents [276-1] FILED UNDER SEAL (kayp) 4/30/97 278 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT TRIAL WITNESSES submitted by deft Brunswick Corp pursuant to court's order of 4/14/97 (kayp) [Entry date 05/01/97] Docket as of April 30, 1998 7:05 pm Page 65 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/30/97 279 MOTION by Brunswick Corp to strike pltfs' seventh affirmative defense and to sanction pltfs' counsel and find them in contempt for their repeated and intentional violations of court orders FILED UNDER SEAL (kayp) [Entry date 05/01/97] 4/30/97 280 MEMORANDUM by Brunswick Corp in support of motion to strike pltfs' seventh affirmative defense [279-1] and to sanction pltfs' counsel and find them in contempt for their repeated and intentional violations of court orders [279-2] FILED UNDER SEAL (kayp) [Entry date 05/01/97] 4/30/97 281 ORDER by Magistrate Judge Jerry W. Cavaneau amending order entered on 4/21/97 to delete two departments from Exhibit A to that order (cc: all counsel) (kayp) [Entry date 05/01/97] 5/1/97 -- CLERK'S MINUTES: Pre-trial conference held before Magistrate Judge Jerry W. Cavaneau on pending motions. Present for pltfs: Jerry Jones, Amy Stewart, Chris Madel, Brooks Poley and Craig Wildfang. Present for deft: Jim Simpson, Mark McLaughlin, Dan DuPre, William Sutton, Mary Ann Spiegel. Court to reconvene at 9:00 a.m. 5/2/97. ERO - Donna Jackson (dj) [Entry date 05/02/97] 5/2/97 282 CLERK'S MINUTES: Pre-trial conference held before Magistrate Judge Jerry W. Cavaneau on pending motions. ERO - Donna Jackson (dj) [Edit date 05/02/97] 5/2/97 283 CLERK'S MINUTES: STATUS CONFERENCE & MOTION HEARING before Judge James M. Moody. Ctreptr. Carolyn Fant. (sp) [Edit date 05/02/97] 5/8/97 284 AGENDA AND BRIEF filed by Brunswick Corp for 5/9/97 telephone conference (kayp) [Entry date 05/09/97] [Edit date 05/09/97] 5/9/97 285 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Present in chambers: Jerry Jones for pltfs and Jim Simpson for deft. Present by telephone: Amy Stewart, Brooks Poley and Craig Wildfang for pltfs and Dan Dupre and Mary Ann Spiegel for deft. Court to enter written order. ERO - Donna Jackson (dj) [Edit date 05/09/97] 5/12/97 286 ORDER by Judge James M. Moody denying motion to strike pltfs' reply to second amended counterclaim [222-1] and for default judgment on amended counterclaim and second amended counterclaim [222-2] (cc: all counsel) EOD 5/12/97 (bt) Docket as of April 30, 1998 7:05 pm Page 66 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 5/12/97 287 ORDER by Judge James M. Moody purs to the telephone discovery conference held on 5/9/97, the court orders that pltfs' work product objection be overruled; deft will produce dealer files for Baja and Boston Whaler dating from the time of their acquisition; the court encourages deft to begin disclosing the dealer files as soon as possible on a rolling basis; deft shall provide pltfs with a list of the Fisher e-mail system users & to inform the court when the list has been supplied; pltfs shall resp to the written proposal regarding the previously produced objection utilized by deft by 5/13/97; parties shall discuss the proposal during the week preceding 5/19/97 & shall attempt to reach an agreement on the proposal and other outstanding issues relating to pltfs' eighth set of discovery during the week of 5/19/97; parties shall submit brief statements of position regarding each interrog or request which remains in controversy; the next telephone discovery conference is set for 11 a.m. on 5/23/97 (cc: all counsel) EOD 5/12/97 (bt) 5/12/97 288 ORDER by Judge James M. Moody granting in part & denying in part deft's motion to compel [247-1] and for jury instruction [247-2]; deft is ordered to resp to pltf's interrogatory No. 2 (cc: all counsel) (bt) [Entry date 05/13/97] 5/13/97 289 MEMORANDUM by plaintiffs in opposition to motion to strike pltfs' seventh affirmative defense [279-1]; and to sanction pltfs' counsel and find them in contempt for their repeated and intentional violations of court orders [279-2] FILED UNDER SEAL (jad) [Entry date 05/14/97] [Edit date 05/14/97] 5/13/97 290 AFFIDAVIT of K. Craig Wildfang in support of motion response [289-1] (jad) [Entry date 05/14/97] 5/13/97 291 CERTIFICATE OF SERVICE by plaintiffs of affidavit [290-1] and motion response [289-1] (jad) [Entry date 05/14/97] 5/14/97 292 STIPULATION of Dismissal with prejudice by pltf-counter deft Vivian Industries and deft - counterpltf Brunswick Corp (bm) [Entry date 05/15/97] 5/15/97 293 ORDER by Judge James M. Moody pltfs are ordered to submit any addl argument or materials they feel necessary to prove the relevance of internal transfer prices or to show how the info could lead to the discovery of admissible evidence w/in 10 days of the date of this order; deft shall file any resp w/in 10 days of the receipt of the submission (cc: all counsel) (bt) [Entry date 05/16/97] 5/16/97 294 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion to compel production of deft's imaging system and indices [195-1] (cc: all counsel) (bt) [Entry date 05/19/97] Docket as of April 30, 1998 7:05 pm Page 67 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 5/20/97 295 ORDER by Judge James M. Moody on oral motion of pltfs, the time to file their supplemental resp to the motion to strike paragraph 67 from the third amended complaint is granted [237-1]; pltfs shall have until 5/28/97 to file their supplemental resp & deft shall have an addl 7 days to file its reply to pltfs' resp (cc: all counsel) (bt) [Entry date 05/21/97] 5/20/97 296 ORDER by Judge James M. Moody all claims that pltf/counterdeft Vivian Ind and deft/counterpltf Brunswick have asserted against the other is dismissed w/prej; each party shall bear its own costs (cc: all counsel) (bt) [Entry date 05/21/97] 5/21/97 297 TRANSCRIPT of Hearing on pending motions before the Honorable Jerry W. Cavaneau on 5/1/97 (Volume I) and 5/2/97 (Volume II) (bm) 5/21/97 298 AGENDA AND BRIEF filed by Brunswick Corp for 5/23/97 telephone conference (FILED UNDER SEAL) (kayp) [Entry date 05/22/97] 5/21/97 299 NOTICE by Brunswick Corp of filing statement of position regarding disputed aspects of pltfs' eighth set of discovery requests (FILED UNDER SEAL) (kayp) [Entry date 05/22/97] 5/22/97 300 NOTICE by pltfs of filing proposed agenda for 5/23/97 telephone conference with Magistrate Judge Cavaneau (FILED UNDER SEAL) (kayp) 5/22/97 301 AFFIDAVIT of Christopher W. Madel re Fisher e-mail production (FILED UNDER SEAL) (kayp) 5/22/97 302 AFFIDAVIT of Constance K. White re electronically-stored documents (FILED UNDER SEAL) (kayp) 5/22/97 303 AFFIDAVIT of Peggy Arman re electronically-stored documents (FILED UNDER SEAL) (kayp) 5/23/97 304 AFFIDAVIT of Constance K. White re electronically-stored documents (FILED UNDER SEAL) (kayp) 5/23/97 305 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Present in chambers: for Pltf - Amy Stewart, for deft - Jim Simpson. Present by phone: for pltf - Chris Madel, Brooks Poley, Ben Mulcahy and Lori Pfieffer, for deft - Dan DuPre, Mary Ann Spiegel and Robert Finke. Court to enter written order. ERO - Donna Jackson (dj) Docket as of April 30, 1998 7:05 pm Page 68 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 5/23/97 306 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone conference of 5/23/97: On or before 5/28/97, the following should be completed: deft shall respond to pltfs' arguments re inadequacies revealed by spot-checking procedure; both parties shall report re status of negotiations concerning Genmar related documents; deft shall respond to pltf and the court re production of responsive material from field offices; pltf shall identify to deft those interrogs which they would like to be corrected or verified and deft shall respond to those requests within 10 days of pltfs' submission: Both parties shall produce a list of technical questions re the Fisher e-mail system on or before 5/30/97; pltfs shall complete the process of redesignating documents pursuant to the protective order no later than four weeks from 5/27/97; (cc: all counsel) (kayp) [Entry date 05/27/97] 5/28/97 307 RESPONSE by Brunswick Corp to material submitted by pltfs regarding disputed aspects of pltfs' eighth set of discovery requests [0-0]  (kayp) [Entry date 05/29/97] 5/30/97 308 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part and denying in part motion to deny pltf G W Invader highly confidential treatment of testimony and documents that show that it false reports to qualify for lower prices [232-1] (cc: all counsel) FILED UNDER SEAL (kayp) [Entry date 06/02/97] 6/4/97 309 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion to compel production of Joseph Pomeroy's June 1995 Sales Conference document and recommending that the district judge consider appropriate sanctions for violations [208-1] (cc: all counsel) EOD 6/4/97 (kayp) 6/4/97 310 AGENDA AND BRIEF filed by Brunswick Corp for June 6th telephone conference (kayp) [Entry date 06/05/97] 6/5/97 311 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part and denying in part motion to compel the production of documents that are responsive to pltfs' eighth set of discovery requests; all parties shall answer the outstanding damages interrogs and requests for production on or before 8/18/97; deft shall answer interrog 89 and request for production no. 88 within 30 days of date of this order; and deft shall produce responsive documents to pltfs' request for production nos. 100(a), 103, 116 and 118 within 30 days of date of this order [263-1] (cc: all counsel) EOD 6/5/97 (kayp) Docket as of April 30, 1998 7:05 pm Page 69 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 6/6/97 312 CLERK'S MINUTES: Telephone conference held with Judge Cavameau. Present in chambers: Jerry Jones for pltf and William H. Sutton for deft. Present by phone: Brooks Poley, Chris Madel, Craig Wildfang and Constance White for pltfs and Mark McLaughlin, Dan DuPre and Mary Ann Spiegel for deft. Judge to enter order. ERO - Donna Jackson (dj) 6/6/97 313 MEMORANDUM OF LAW IN RESPONSE by pltfs to court's order of 5/15/97 [293-1] FILED UNDER SEAL  (kayp) [Entry date 06/09/97] 6/6/97 314 AFFIDAVIT of K. Craig Wildfang re memorandum in law in response to court's order of 5/15/97 [313-1] FILED UNDER SEAL (kayp) [Entry date 06/09/97] 6/6/97 315 AFFIDAVIT of Brooks F. Poley regarding memorandum of law in response to court's order of 5/15/97 [313-1] FILED UNDER SEAL (kayp) [Entry date 06/09/97] 6/6/97 316 AFFIDAVIT of Economists' regarding memorandum of law in response to court's order of 5/15/97 [313-1] FILED UNDER SEAL (kayp) [Entry date 06/09/97] [Edit date 06/09/97] 6/6/97 317 AFFIDAVIT of accountant re memorandum of law in response to court's order of 5/15/97 [313-1] FILED UNDER SEAL (kayp) [Entry date 06/09/97] 6/9/97 318 ORDER by Magistrate Judge Jerry W. Cavaneau following the telephone conference of 6/6/97 directing parties to make a status report by 6/11/97 re remaining disputes arising from pltfs' eighth set of discovery requests; pltfs will be allowed to make an addtional submission on the e-mail issues no later than 6/10/97 and deft's counsel shall inform the court and opposing counsel the following day as to when they anticipate filing a response; parties shall give court a status report by 6/13/97 re declassifying certain testimony by representatives of G.W. Invader; the next telephone discovery conference will be 6/20/97 at 11:00 a.m. (cc: all counsel) (kayp) [Entry date 06/10/97] 6/10/97 319 MEMORANDUM by pltfs in support of motion to compel production of electronic mail and for jury instruction [251-1] FILED UNDER SEAL (kayp) 6/10/97 320 AFFIDAVIT of Christopher W. Madel re motion to compel production of electronic mail and for jury instruction [251-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 70 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 6/10/97 321 ORDER by Judge James M. Moody denying motion to strike pltfs' seventh affirmative defense [279-1] and granting motion to sanction pltfs' counsel and find them in contempt for their repeated and intentional violations of court orders [279-2]; court finds counsel for pltfs in contempt of court and assesses a fine of $1,000 against Craig Wildfang, which will be suspended so long as further violations do not occur (cc: all counsel) (kayp) [Entry date 06/11/97] 6/11/97 -- LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT TRIAL WITNESSES by deft Brunswick Corp in response to the court's order of 4/14/97 [260-1]  (kayp) [Entry date 06/25/97] 6/13/97 322 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part and denying in part motion to compel [187-1] (cc: all counsel) (kayp) [Entry date 06/16/97] 6/17/97 323 OBJECTIONS by pltfs to Magistrate Judge Cavaneau's order of 6/3/97 [309-1] FILED UNDER SEAL (kayp) 6/17/97 324 PLAINTIFFS' REVISED MEMORANDUM OF LAW IN RESPONSE to court's order of 5/15/97 [293-1] FILED UNDER SEAL  (kayp) 6/17/97 325 AFFIDAVIT of K. Craig Wildfang (FILED UNDER SEAL) (kayp) 6/17/97 326 AFFIDAVIT of Brooks F. Poley (FILED UNDER SEAL) (kayp) 6/18/97 327 AGENDA AND BRIEF filed by Brunswick Corp for 6/20/97 telephone conference (kayp) 6/20/97 328 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion to modify protective order [191-1] (cc: all counsel) EOD 6/20/97 (kayp) 6/20/97 329 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Present in chambers: Amy Stewart for pltf. and Jim Simpson for deft. Present by phone: Chris Madel, Brooks Poley for pltfs. and Mark McLaughlin, Mary Ann Spiegel, John Carroll and Dan DuPre for Deft. Order of results to follow. (jah) 6/20/97 330 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone conference of 6/20/97 ordering deft to submit its response to pltfs' e-mail submission on or before 7/7/97 and directing parties to report to the court on the status of third wave deposition scheduling by 6/30/97; the next discovery teleconference will be on 7/18/97 (cc: all counsel) (kayp) [Entry date 06/23/97] 6/26/97 331 POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) by pltfs in response to court's order [260-1]  (kayp) Docket as of April 30, 1998 7:05 pm Page 71 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 6/26/97 332 ORDER by Magistrate Judge Jerry W. Cavaneau consisting of a questionnaire to be answered by personnel of deft Brunswick and directing Brunswick to notify pltfs and the court within 3 days of receipt of this order how much time it will need to answer the questionnaire; pltfs shall make any objection to the proposed time within 2 days thereafter and court will then set a ddl (cc: all counsel) (kayp) [Entry date 06/27/97] 6/27/97 333 MEMORANDUM IN RESPONSE by Brunswick Corp to pltfs' objections to Judge Cavaneau's order dated 6/3/97 [323-1]  (kayp) [Entry date 06/30/97] 6/30/97 334 OBJECTIONS by pltfs to court's order of 6/13/97 [322-1] (kayp) [Entry date 07/01/97] 6/30/97 335 AFFIDAVIT OF SERVICE by pltfs of objections to court's order [334-1] (kayp) [Entry date 07/01/97] 7/3/97 336 ORDER (DOC) canceling status conference previously scheduled for 7/17/97 before Judge Moody and resetting it for 9/2/97 at 1:00 p.m.; court will also hear arguments on pltfs' objections to Magistrate Cavaneau's order of 6/13/97 together with any other pending motions before Judge Moody ready for oral argument; telephone conference remains set for 7/18/97 at 11:00 a.m. (cc: all counsel) (kayp) 7/3/97 337 MEMORANDUM by Brunswick Corp in support of motion to strike paragraph 67 from the third amended complaint [237-1] (kayp) [Entry date 07/07/97] 7/7/97 338 RESPONSE by Brunswick Corp to pltfs' supplemental memorandum in support of their motion to compel and for jury instructions [319-1]  (kayp) [Entry date 07/08/97] 7/8/97 339 RESPONSE by defendant Brunswick Corp to plaintiffs objections to the Magistrate's 06/13/97 order [334-1]  (jad) [Entry date 07/09/97] 7/9/97 340 LIST OF ANTICIPATED DEPONENTS AND ANTICIPATED NON-EXPERT TRIAL WITNESSES filed by Brunswick Corp in response to Judge Cavaneau's order of April 14 and Judge Moody's order of May 12 [260-1]  (kayp) [Entry date 07/10/97] 7/10/97 341 PLTFS' POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed in response to court's orders of April 12 and May 14 [260-1]  (kayp) 7/11/97 342 MOTION by deft Brunswick Corp to exclude categories of documents from the 10/18/96 preservation order (kayp) [Entry date 07/14/97] 7/16/97 343 NOTICE by Brunswick Corp of filing agenda and brief for 7/18/97 telephone conference (kayp) [Entry date 07/17/97] Docket as of April 30, 1998 7:05 pm Page 72 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 7/18/97 344 CLERK'S MINUTES: Telephone conference held with Magistrate Judge Jerry W. Cavaneau. Present in chambers: William H. Sutton for deft. Present by phone: Brooks Poley and Chris Madel for pltfs, Mark McLaughlin, Dan Dupre and Mary Ann Spiegel for deft. Court to enter written order. ERO - Donna Jackson (dj) 7/21/97 345 ORDER by Magistrate Judge Jerry W. Cavaneau following the telephone discovery conference of 7/18/97 ordering pltfs to respond to the motion to exclude categories of documents from the 10/18/96 preservation order by 8/1/97 [342-1]; parties shall update the court on the status of negotiations re objections to deft's third set of discovery by 8/1/97 [334-1]; the update search should go forward as scheduled; parties shall report by 8/1/97 the status of the issue re the listing of marine dealers participating in deft's programs; next teleconference is scheduled for 8/1/97 (cc: all counsel) EOD 7/21/97 (kayp) 7/21/97 346 RESPONSES by Brunswick Corp to Fisher E-Mail Questionnaire  (kayp) [Entry date 07/22/97] 7/21/97 347 NOTICE by plaintiffs of filing proposed agenda for 7/18/97 telephone conference with Magistrate Judge Cavaneau (kayp) [Entry date 07/22/97] 7/22/97 348 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part and denying in part motion to compel discovery against deft Brunswick Corp (relevant markets) [205-1] (cc: all counsel) EOD 7/22/97 (kayp) 7/22/97 349 ORDER by Judge James M. Moody directing deft to provide a response to Interrog No. 38 within 10 days of the date of this order (cc: all counsel) EOD 7/22/97 (kayp) 7/23/97 350 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT TRIAL WITNESSES filed by Brunswick Corp in response to court's orders of 4/14 and 5/12 [260-1]  (kayp) [Entry date 07/24/97] 7/24/97 351 PLTFS' POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed in response to court's order [260-1]  (kayp) 7/30/97 353 NOTICE by Brunswick Corp of filing agenda and brief for August 1 telephone conference (FILED UNDER SEAL) (kayp) [Entry date 07/31/97] 7/30/97 354 NOTICE by pltfs of filing proposed agenda for 8/1/97 telephone conference with Magistrate Judge Cavaneau (kayp) [Entry date 08/11/97] Docket as of April 30, 1998 7:05 pm Page 73 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 8/1/97 355 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Present in chambers for pltfs - Jerry Jones and Tony Wilcox for deft. Present by phone Brooks Poley for pltfs and Mark McLaughlin, Dan DuPre and Mary Ann Spiegel for deft. ERO - Donna Jackson (dj) [Edit date 08/11/97] 8/1/97 356 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone discovery conference of 8/1/97 correcting the court's order of 6/13/97 which stated that counsel were not present during the testimony of deft's employees given during FTC hearings; counsel were present but were not allowed to cross-examine or question witnesses; the next discovery teleconference will be held on 8/22/97 (cc: all counsel) (kayp) [Entry date 08/04/97] [Edit date 08/11/97] 8/4/97 357 OBJECTIONS by pltfs to Judge Cavaneau's order of 7/22/97 [348-1] (kayp) [Edit date 08/11/97] 8/6/97 358 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT TRIAL WITNESSES filed in response by Brunswick Corp to court's orders of 5/12 and 4/14 [260-1] (kayp) [Entry date 08/07/97] [Edit date 08/11/97] 8/7/97 359 LIST OF ANTICIPATED WITNESSES by pltfs filed in response to Court's Order of 5/12/97 and 4/14/97 [260-1] (bm) [Edit date 08/11/97] 8/11/97 360 ORDER by Judge James M. Moody affirming Magistrate Jerry Cavaneau's Order of 6/3/97 (cc: all counsel) EOD 8/11/97 (FILED UNDER SEAL) (kayp) [Edit date 08/11/97] 8/12/97 361 MOTION by Brunswick Corporation to amend its counterclaim FILED UNDER SEAL (kayp) [Entry date 08/13/97] 8/12/97 362 MEMORANDUM by Brunswick Corp in support of motion to amend its counterclaim [361-1] FILED UNDER SEAL (kayp) [Entry date 08/13/97] [Edit date 08/13/97] 8/14/97 363 MOTION by pltfs to reclassify certain documents from highly confidential to confidential under the court's protective order of 9/25/96 or, in the alternative, to amend the protective order of Judge Cavaneau FILED UNDER SEAL (kayp) [Edit date 08/14/97] 8/14/97 364 MEMORANDUM by pltfs in support of motion to reclassify certain documents from highly confidential to confidential under the court's protective order of 9/25/96 [363-1], or, in the alternative, to amend the protective order of Judge Cavaneau [363-2] FILED UNDER SEAL (kayp) [Edit date 08/14/97] Docket as of April 30, 1998 7:05 pm Page 74 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 8/14/97 365 AFFIDAVIT of Christopher W. Madel regarding motion to reclassify certain documents from highly confidential to confidential under the court's protective order of 9/25/96 [363-1] or, in the alternative, to amend the protective order of Judge Cavaneau [363-2] FILED UNDER SEAL (kayp) [Edit date 08/15/97] 8/14/97 366 RESPONSE by Brunswick Corp to pltfs' objections to court order of 7/22/97 [357-1]  (kayp) [Entry date 08/15/97] 8/15/97 367 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion to exclude categories of documents from the 10/18/96 preservation order as set out in the attached revised version of Exhibit A [342-1] (cc: all counsel) (kayp) [Entry date 08/18/97] 8/20/97 368 ORDER by Judge James M. Moody outlining status conference agenda for 9/2/97 (cc: all counsel) EOD 8/20/97 (kayp) 8/20/97 369 NOTICE by Brunswick Corp of filing agenda and brief for 8/22/97 telephone conference (kayp) [Entry date 08/21/97] 8/21/97 370 PLTFS' POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed in response to court's orders of 4/14 and 5/12 [260-1]  (kayp) 8/22/97 371 CLERK'S MINUTES: Telephone conference held with Magistrate Judge Jerry W. Cavaneau. Present in chambers: for pltfs - Amy Stewart, for deft - William Sutton and Tony Wilcox. Present by telephone: for deft - Mark McLaughlin, John Carroll and Dan Dupre. Court to enter written order. ERO - Donna Jackson (dj) 8/22/97 372 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone discovery conference of 8/22/97 directing that parties, on or before 8/26/97: provide a status report re outstanding issues relating to pltfs' responses to deft's third set of discovery and the update of pltfs' earlier document production; deft shall report to pltfs and to the court on the status of deft's update to response no. 28 of the Fisher e-mail questionnaire; parties shall confer and report to the court re the McKinsey performance appraisal issue, as well as the status of discussions re McKinsey work performed for other divisons of Brunswick Corp; parties shall report to the court re the status of the identification of dealers participating in engine programs; confer and report the status of the issue of redacted versions of Mariah documents inadvertently discosed to deft; and on or before 8/27/97, parties shall: confer and report to the court re the status of determination of amounts of payments to McKinsey & Co prior to 1991; confer and report re ddl to amend pleadings; court sets the 9/2/97 status conference before Judge Moody to begin at 10:00 a.m. (cc: all counsel) (kayp) [Entry date 08/25/97] Docket as of April 30, 1998 7:05 pm Page 75 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 8/25/97 373 RESPONSE by Brunswick Corp to motion to reclassify certain documents from highly confidential to confidential under court's protective order of 9/25/96 [363-1] FILED UNDER SEAL (kayp) [Entry date 08/26/97] 8/27/97 374 ORDER by Judge James M. Moody granting motion to amend its counterclaim [361-1] (cc: all counsel) EOD 8/27/97 (kayp) 8/27/97 375 ORDER by Magistrate Judge Jerry W. Cavaneau hearing set for 9:00 a.m. on 9/2/97 on the scheduling of depositions for Jack Reichert and Peter Larson; persons with knowledge of relevant schedules are directed to attend; persons who do not plan to attend may participate by telephone (cc: all counsel) (bm) [Entry date 08/28/97] 8/28/97 376 FOURTH AMENDED COUNTERCLAIM by defendant Brunswick Corp against plaintiffs; adding Thompson Marine Products, Inc (bt) [Entry date 09/02/97] 8/29/97 377 MOTION by Brunswick Corp to compel production of documents improperly withheld on privileged grounds FILED UNDER SEAL (kayp) [Entry date 09/02/97] 8/29/97 378 MEMORANDUM by Brunswick Corp in support of motion to compel production of documents improperly withheld on privileged grounds [377-1] FILED UNDER SEAL (kayp) [Entry date 09/02/97] 8/29/97 379 MOTION by Brunswick Corp for summary judgment on pltfs' claims of attempted monopolization of The Stern Drive and Outboard Boat Markets FILED UNDER SEAL (kayp) [Entry date 09/02/97] 8/29/97 380 MEMORANDUM by Brunswick Corp in support of motion for summary judgment on pltfs' claims of attempted monopolization of The Stern Drive and Outboard Boat Markets [379-1] FILED UNDER SEAL (kayp) [Entry date 09/02/97] 8/29/97 381 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for summary judgment on pltfs' claims of attempted monopolization of The Stern Drive and Outboard Boat Markets [379-1] FILED UNDER SEAL (kayp) [Entry date 09/02/97] 8/29/97 382 MOTION by Brunswick Corp to compel production of non-privileged notes from IBBI meetings FILED UNDER SEAL (kayp) [Entry date 09/02/97] 8/29/97 383 MEMORANDUM by Brunswick Corp in support of motion to compel production of non-privileged notes from IBBI meetings [382-1] FILED UNDER SEAL (kayp) [Entry date 09/02/97] Docket as of April 30, 1998 7:05 pm Page 76 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 9/2/97 384 CLERK'S MINUTES: MOTION hearing before Judge James M. Moody. Record reflects discussions and rulings. Ctrptr. Fant. (sp) [Entry date 09/03/97] 9/2/97 385 ORDER by Judge James M. Moody granting in part and denying in part pltf's motion to compel production of electronic mail [251-1] and for jury instruction [251-2]: pltf's request for a spoliation jury instruction is denied; and pltf's request for costs and fees in connection with this motion is denied (cc: all counsel) (kayp) [Entry date 09/03/97] 9/2/97 388 CLERK'S MINUTES: Pre-trial conference held before Magistrate Judge Jerry W. Cavaneau. Jerry Jones, Amy Stewart, Chris Madel, Brooks Poley and Craig Wildfang present for pltfs and William Sutton, Robert Finke and Mary Allen present for deft. (dj) [Entry date 09/05/97] 9/3/97 386 AMENDED NOTICE by Brunswick Corp of taking depo of Jimmy Fulks and Representatives of Mariah Boats, Inc. on 9/8/97 (kayp) [Entry date 09/04/97] 9/4/97 387 LIST OF POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed by pltfs in response to court's orders of 5/12 and 4/14 [286-1]  (kayp) 9/4/97 389 ORDER by Judge James M. Moody modifying amended scheduling order dated 3/13/97 and setting ddl for amendment of the pleadings to 10/10/97; jury instructions shall be submitted by counsel for the parties on or before 1/12/98; objections to jury instructions shall be filed on or before 1/19/98; all other provisions of the amended scheduling order shall remain in effect until further order (cc: all counsel) (kayp) [Entry date 09/05/97] 9/4/97 390 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion to compel production of non-privileged notes from IBBI meetings [382-1] (cc: all counsel) FILED UNDER SEAL (kayp) [Entry date 09/05/97] 9/4/97 391 ORDER by Judge James M. Moody granting in part and denying in part pltfs' motion to reclassify certain documents from highly confidential to confidential under the court's protective order of 9/25/96 or, in the alternative, to amend the protective order of Judge Cavaneau, in accordance with the findings of fact and conclusions of law stated on the record [363-1] [363-2]; pltfs' objections to Judge Cavaneau's order dated 6/13/97 are overruled and the order affirmed; pltfs' objections to Judge Cavaneau's order dated 7/22/97, as modified in accordance with the findings of fact and conclusions of law as stated on the record, are sustained (cc: all counsel) (kayp) [Entry date 09/05/97] Docket as of April 30, 1998 7:05 pm Page 77 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 9/5/97 392 ORDER by Magistrate Judge Jerry W. Cavaneau re jury questionnaire; parties are directed to submit an agreed questionnaire no later than 12/15/97 (cc: all counsel) EOD 9/5/97 (kayp) 9/9/97 393 MOTION by deft Brunswick Corp for reconsideration of court's 9/4/97 order FILED UNDER SEAL (kayp) [Entry date 09/10/97] 9/9/97 394 BRIEF by Brunswick Corp in support of motion for reconsideration of court's 9/4/97 order [393-1] FILED UNDER SEAL (kayp) [Entry date 09/10/97] [Edit date 09/10/97] 9/11/97 395 NOTICE by Brunswick Corp of filing agenda and brief for 9/12/97 telephone conference (kayp) 9/12/97 396 CLERK'S MINUTES: Telephone conference held with Magistrate Judge Jerry W. Cavaneau. Present in chambers: for plaintiffs - Jerry Jones, for defendant - William Sutton, Jim Simpson and Susan Childers. Present by phone: for plaintiffs - Chris Madel and Brooks Poley, for defendant - Dan Dupre and Andy Marovitz. Court to enter written order. ERO - Donna Jackson (dj) 9/15/97 397 ANSWER by pltfs' to deft Brunswick Corp's fourth amended counterclaim (kayp) 9/15/97 398 REPLY by pltfs to deft Brunswick Corp's memorandum in support of its motion to compel production of documents [383-1] (kayp) 9/16/97 399 ORDER by Magistrate Judge Jerry W. Cavaneau implementing a mechanism for early disclosure of any authenticity or hearsay objections to documents produced by deft or marked by pltfs as exhibits in their depositions and directing parties to exchange lists not previously submitted under this procedure on 12/29/97, after which each party shall have 10 days to stipulate or object; parties shall identify newly identified exhibits by 1/23/98; ddl for filing pretrial info sheets and final exhibit lists remains 1/19/98; pltfs are directed to identify any documents which they contend are not business records by 9/30/97; pltfs shall repond to deft's motion for partial summary judgment no later than 10/20/97; deft shall file objections and responses to tenth set of discovery by 9/24/97; deft shall provide pltfs responsive material from employees with home offices no later than 9/30/97; next discovery teleconference will be at 11:00 a.m. on 9/26/97 (cc: all counsel) (kayp) [Entry date 09/17/97] Docket as of April 30, 1998 7:05 pm Page 78 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 9/16/97 400 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part and denying in part deft's motion for reconsideration of court's 9/4/97 order: that part of the order dismissing deft's motion without prejudice shall remain in effect and the final paragraph which states a recommendation for a show cause order should be stricken [393-1] and recommending that the sanction imposed by the order of 6/10/97 (doc. #321) be stricken; deft is to immediately return all copies, including electronic versions of materials, in question (cc: all counsel) FILED UNDER SEAL (kayp) [Entry date 09/17/97] 9/18/97 401 LIST OF ANTICIPATED TRIAL WITNESSES (EXCLUDING EXPERTS) by plaintiff pursuant to court's orders of 5/12/97 and 4/14/97 [260-1]  (kayp) 9/19/97 402 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone conference of 9/17/97 (cc: all counsel) EOD 9/18/97 (kayp) 9/22/97 403 ORDER by Magistrate Judge Jerry W. Cavaneau finding the motion to compel electronically-stored information and to prevent the further destruction of documents should be removed from the pending motions docket because portions of the motion formerly deferred have been addressed in later motions and orders [88-1] (cc: all counsel) (kayp) [Entry date 09/23/97] 9/23/97 404 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion to compel a response [119-1] (cc: all counsel) EOD 9/23/97 (kayp) 9/23/97 405 ORDER by Judge James M. Moody adopting Judge Cavaneau's findings and lifting sanctions previously imposed on Mr. Wildfang (cc: all counsel) EOD 9/23/97 (kayp) 9/23/97 406 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part and denying in part motion to compel production of documents improperly on privileged grounds and directing pltfs to provide deft with updated privilege logs no later than 10/10/97 [377-1] (cc: all counsel) EOD 9/23/97 (kayp) 9/24/97 407 NOTICE by Brunswick Corp of filing agenda and brief for 9/26/97 telephone conference (kayp) [Entry date 09/25/97] 9/24/97 408 STIPULATION OF DISMISSAL WITH PREJUDICE by defendant- counterclaimant Brunswick Corp and plaintiff- counterdefendant Doral Intl Inc of all claims each has asserted against the other, with each party bearing its own costs (kayp) [Entry date 09/25/97] Docket as of April 30, 1998 7:05 pm Page 79 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 9/26/97 409 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Present in chambers: for pltfs - Jerry Jones, for deft - Tony Wilcox. Present by phone: for pltfs - Chris Madel, Brooks Poley and Craig Wildfang, for deft - Mary Ann Spiegel, John Carroll and Robert Fink. ERO - Donna Jackson (dj) 9/29/97 410 ORDER by Magistrate Judge Jerry W. Cavaneau following the telephone discovery conference of 9/26/97 setting ddls of 10/1/97, 10/2/97 and 10/3/97 for parties to report to the court on status of certain issues; and granting deft's request to place the Mercury Marine Lotus Notes system on back-up tapes (cc: all counsel) EOD 9/29/97 (kayp) 10/1/97 411 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau regarding deposition of John Russell. For pltf: Jerry Jones, Chris Madel and Craig Wildfang; for deft: Mark McLaughlin. ERO - Donna Jackson (dj) 10/1/97 412 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT TRIAL WITNESSES by Brunswick Corp to court's orders of 4/14 and 5/12 [287-1]  (kayp) [Entry date 10/02/97] 10/2/97 413 Potential Trial Witnesses (excluding experts) filed by pltfs in response to court's orders of 4/15 and 5/12 [287-1]  (kayp) 10/2/97 414 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau regarding view of invoices. For Pltf: Brooks Poley; for Deft: Tony Wilcox, John Carroll. ERO Jan Hoyt. (jah) [Entry date 10/03/97] 10/7/97 415 ORDER by Magistrate Judge Jerry W. Cavaneau finding the motion to compel the production of documents that Brunswick has withheld but failed to meaningfully identify on any privilege log moot [200-1] (cc: all counsel) EOD 10/7/97 (kayp) 10/8/97 416 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Jerry Jones (pltfs) and Jim Simpson (deft) present in chambers. Craig Wildfang (pltfs) and Mark McLaughlin and Bob Finke (deft) present by phone. ERO - Donna Jackson (dj) 10/8/97 417 MOTION by defendant to continue (kayp) [Entry date 10/09/97] 10/8/97 418 BRIEF by deft in support of motion to continue [417-1] (kayp) [Entry date 10/09/97] 10/9/97 419 CLERK'S MINUTES: STATUS conference before Judge James M. Moody. Variety of issues discussed, record taken. Court to rule on Motion to Continue forthwith. Ctrptr. Fant. (sp) Docket as of April 30, 1998 7:05 pm Page 80 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 10/10/97 420 ORDER by Judge James M. Moody granting in part deft's motion to continue [417-1] (cc: all counsel) (kayp) [Entry date 10/14/97] 10/10/97 421 AMENDED SCHEDULING ORDER by Judge James M. Moody setting jury trial for 1:30 on 3/23/98 ; discovery due 1/16/98 ; pretrial info sheet due 3/2/98 (cc: all counsel) (kayp) [Entry date 10/14/97] 10/15/97 422 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT TRIAL WITNESSES by deft Brunswick Corp in response to court's previous order [287-1]  (kayp) [Entry date 10/16/97] 10/16/97 423 PLTFS' POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed in response to court's previous orders [287-1]  (kayp) [Entry date 10/17/97] 10/20/97 424 STIPULATED PROTECTIVE ORDER by Judge James M. Moody incorporating by reference the protective order issued on 9/26/96 (cc: all counsel) EOD 10/20/97 (kayp) 10/21/97 425 MEMORANDUM by pltf in opposition to motion for summary judgment on pltfs' claims of attempted monopolization of Stern Drive and Outboard Boat Markets [379-1] FILED UNDER SEAL (kayp) 10/21/97 426 STATEMENT OF FACTS (Rule 29) by pltfs in support of response to deft Brunswick Corp's motion for summary judgment [425-1] FILED UNDER SEAL (kayp) 10/21/97 427 AFFIDAVIT of K. Craig Wildfang regarding memorandum in opposition to deft's motion for summary judgment [425-1] FILED UNDER SEAL (kayp) 10/21/97 428 CERTIFICATE OF SERVICE by pltfs of affidavit of K. Craig Wildfang [427-1], statement of facts [426-1], memorandum in opposition to motion for summary judgment [425-1] FILED UNDER SEAL (kayp) 10/21/97 429 ORDER by Magistrate Judge Jerry W. Cavaneau setting discovery teleconference for 11:00 on 10/24/97; parties have until noon 10/22/97 to file their agendas (cc: all counsel) (kayp) [Entry date 10/22/97] 10/23/97 430 NOTICE by Brunswick Corp of filing agenda and brief for 10/24/ telephone conference (kayp) 10/23/97 431 NOTICE OF MOTION AND MOTION TO COMPEL by pltfs to compel deft Brunswick properly to respond to pltfs' eleventh set of discovery requests (kayp) [Entry date 11/05/97] [Edit date 11/17/97] Docket as of April 30, 1998 7:05 pm Page 81 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 10/23/97 432 MEMORANDUM by pltfs in support of motion to compel deft Brunswick properly to respond to pltfs' eleventh set of discovery requests [431-1] (kayp) [Entry date 11/05/97] [Edit date 11/17/97] 10/24/97 433 ORDER by Magistrate Judge Jerry W. Cavaneau following the telephone discovery conference of 10/24/97 directing parties to report on outstanding issues on or before 10/29/97; deft shall answer pltf's interrog no. 157 on or before 11/6/97 and to requests for stipulation and produce all Fisher e-mail by close of business on 10/31/97; partie shall further report to the court by close of business on 10/31/97 regarding production of copies of certain documents and full You have been inactive for 90 seconds. Hit any key to remain connected. version of the cut off e-mail; parties shall report on the status of any privilege log issues before the close of business on 10/29/97; and scheduling next teleconference on 11/6/97 at 11:00 a.m. (cc: all counsel) (kayp) [Entry date 10/27/97] [Edit date 11/17/97] 10/24/97 434 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Present for Plaintiff's: by phone - Chris Madel, Brooks Poley, Craig Wildfang and Laura Pfiefer; in chambers - Amy Stewart. Present for Defendant: by phone - Jim Simpson, Mark McLaughlin, Dan Dupre and John Carroll; in chambers - Tony Wilcox, Susan Childers and William Sutton. Court to enter written order. ERO - Donna Jackson (dj) [Entry date 10/29/97] [Edit date 11/17/97] 10/29/97 435 List of Prospective Deponents and Anticipated Non-Expert Trial Witnesses submitted in response to court's previous orders by deft Brunswick Corp [260-1] (kayp) [Entry date 10/30/97] [Edit date 11/17/97] 10/30/97 436 POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) submitted by pltfs in response to court's previous orders [260-1] (kayp) [Entry date 10/31/97] [Edit date 11/17/97] 10/31/97 437 MOTION by Brunswick Corp to compel certain pltfs to answer its request to admit no. 1 and all of its interrog no. 6 of third set of discovery requests (kayp) [Entry date 11/04/97] [Edit date 11/17/97] 10/31/97 438 MEMORANDUM by Brunswick Corp in support of motion to compel certain pltfs to answer its request to admit no. 1 and all of its interrog no. 6 of third set of discovery requests [437-1] (kayp) [Entry date 11/04/97] [Edit date 11/17/97] 10/31/97 439 AFFIDAVIT of John M. Carroll regarding motion to compel certain pltfs to answer its request to admit no. 1 and all of its interrog no. 6 of third set of discovery requests [437-1] (kayp) [Entry date 11/04/97] [Edit date 11/17/97] Docket as of April 30, 1998 7:05 pm Page 82 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 11/3/97 440 MOTION by pltfs to compel discovery (dissemination of confidential information) FILED UNDER SEAL (kayp) [Entry date 11/04/97] [Edit date 11/17/97] 11/3/97 441 MEMORANDUM by pltfs in support of motion to compel discovery (dissemination of confidential information) [440-1] FILED UNDER SEAL (kayp) [Entry date 11/04/97] [Edit date 11/17/97] 11/3/97 442 AFFIDAVIT of Christopher W. Madel regarding motion to compel discovery (dissemination of confidential information) [440-1] FILED UNDER SEAL (kayp) [Entry date 11/04/97] [Edit date 11/17/97] 11/3/97 443 RESPONSE and objection by Brunswick Corp to pltfs' list of third party documents to be authenticated and stipulated re hearsay objections (Outboard Marine Corp) (kayp) [Entry date 11/04/97] [Edit date 11/17/97] 11/3/97 444 MEMORANDUM by Brunswick Corp in support of motion for summary judgment on pltfs' claims of attempted monopolization of The Stern Drive and Outboard Boat Markets [379-1] (kayp) [Entry date 11/04/97] [Edit date 11/17/97] 11/4/97 445 RESPONSE by Brunswick Corp to motion to compel deft Brunswick properly to respond to pltfs' eleventh set of discovery requests [431-1] (kayp) [Entry date 11/05/97] [Edit date 11/17/97] 11/5/97 446 NOTICE by plaintiff of filing motion to strike deft's reply memorandum in support of its motion for partial summary judgment on pltfs' claims of attempted monopolization of the Stern Drive and Outboard Boat Markets (kayp) [Edit date 11/17/97] 11/5/97 447 MOTION by pltfs to strike deft's reply memorandum in support of its motion for partial summary judgment on pltfs' claims of attempted monopolization of the stern Drive and Outboard Motor Markets (kayp) [Edit date 11/17/97] 11/5/97 449 NOTICE by Brunswick Corp of filing agenda and brief for 11/6 telephone conference (kayp) [Edit date 11/17/97] 11/5/97 448 AFFIDAVIT of Ronnie J. la Plante regarding notice [446-1] and motion to strike deft's reply memorandum in support of its motion for partial summary judgment on claims of attempted monopolization of the stern Drive and Outboard Motor Markets [447-1] (kayp) [Entry date 11/17/97] Docket as of April 30, 1998 7:05 pm Page 83 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 11/6/97 450 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau, in chambers: pltf - Jerry Jones, for deft - Jim Simpson and Tony Wilcox; by phone: pltf - Craig Wildfang, Brooks Poley, Chris Madel and Laura Pfieffer, for deft - John Carroll, Veronica Young and Diane Smith. Court to enter written order. ERO - Donna Jackson (dj) [Entry date 11/07/97] [Edit date 11/17/97] 11/10/97 451 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone conference of 11/6/97 (cc: all counsel) EOD 11/10/97 (kayp) [Edit date 11/17/97] 11/12/97 452 LIST OF PROSPECTIVE DEPONENTS AND ANTICIPATED NON-EXPERT TRIAL WITNESSES by deft Brunswick Corp in response to court's previous orders (kayp) [Entry date 11/13/97] [Edit date 11/17/97] 11/12/97 453 ORDER by Magistrate Judge Jerry W. Cavaneau re stipulations requested by pltfs (cc: all counsel) (kayp) [Entry date 11/13/97] [Edit date 11/17/97] 11/12/97 454 ORDER by Magistrate Judge Jerry W. Cavaneau setting discovery dispute resolution conference for 9:00 on 11/24/97; counsel shall give the Court their proposed agendas by 11/21/97; counsel shall make a status report on the issue of possible live video testimony of Brunswick witnesses by 11/17/97 (cc: all counsel) EOD 11/13/97 (kayp) [Entry date 11/13/97] [Edit date 11/17/97] 11/12/97 455 POTENTIAL TRIAL WITNESSES (EXCLUDING EXPERTS) filed by pltfs in response to court's previous orders (kayp) [Entry date 11/13/97] [Edit date 11/17/97] 11/13/97 456 RESPONSE by deft Brunswick Corp to motion to compel discovery (dissemination of confidential information) [440-1] FILED UNDER SEAL (kayp) [Entry date 11/14/97] [Edit date 11/17/97] 11/14/97 457 RESPONSE by deft Brunswick Corp to motion to strike deft's reply memorandum in support of its motion for partial summary judgment on pltfs' claims of attempted monopolization of stern Drive and Outboard Motor Markets [447-1] (kayp) [Entry date 11/17/97] [Edit date 11/17/97] 11/17/97 458 ORDER by Magistrate Judge Jerry W. Cavaneau granted in part & denied in part pltfs' motion to compel deft Brunswick properly to respond to pltfs' eleventh set of discovery requests [431-1] (cc: all counsel) UNDER SEAL (bt) [Entry date 11/18/97] Docket as of April 30, 1998 7:05 pm Page 84 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 11/17/97 459 ORDER by Judge James M. Moody granting motion to strike deft's reply memorandum in support of its motion for summary judgment on pltfs' claims of attempted monopolization of the stern Drive and Outboard Motor [447-1] and striking memorandum [444-1] (cc: all counsel) (kayp) [Entry date 11/18/97] 11/19/97 460 MOTION by deft Brunswick Corp to compel production of non-privileged notes from IBBI board meetings FILED UNDER SEAL (kayp) [Entry date 11/20/97] 11/19/97 461 MEMORANDUM by deft Brunswick Corp in support of motion to compel production of non-privileged notes from IBBI board meetings [460-1] FILED UNDER SEAL (kayp) [Entry date 11/20/97] 11/19/97 462 ORDER by Judge James M. Moody ruling on motion for summary judgment on pltfs' claims of attempted monopolization of Stern Drive and Outboard Boat Markets is deferred until the close of factual discovery on 12/15/97; pltfs shall submit any additional materials in support of their response on or before 12/22/97; deft will be allowed a reply only to this motion, which shall be filed by 12/30/97 [379-1] (cc: all counsel) (kayp) [Entry date 11/20/97] 11/20/97 463 MEMORANDUM by pltfs in response to motion to compel certain pltfs to answer its request to admit no. 1 and all of its interrog no. 6 of third set of discovery requests [437-1] (kayp) 11/20/97 464 AFFIDAVIT of Brooks F. Poley regarding memorandum in response to deft's motion to compel answers to request to admit no. 1 and interrog no. 6 [463-1] (kayp) 11/20/97 465 CERTIFICATE OF SERVICE Lisa Krafve for pltfs of memorandum in support of response to deft's motion to compel (kayp) 11/21/97 466 NOTICE by Brunswick Corp of filing agenda and brief for 11/24/97 hearing (kayp) 11/21/97 467 MOTION by pltfs for order permitting live testimony via closed circuit television (kayp) 11/21/97 468 MEMORANDUM by pltfs in support of motion for order permitting live testimony via closed circuit television [467-1] (kayp) 11/21/97 469 AFFIDAVIT of Christopher W. Madel regarding motion for order permitting live testimony via closed circuit television [467-1] (kayp) 11/21/97 470 AFFIDAVIT of Marie L. Storevik regarding motion for order permitting live testimony via closed circuit television [467-1] (kayp) Docket as of April 30, 1998 7:05 pm Page 85 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 11/21/97 471 MOTION by Brunswick Corp to compel discovery (kayp) [Entry date 11/24/97] 11/21/97 472 BRIEF by deft Brunswick Corp in support of motion to compel discovery [471-1] (kayp) [Entry date 11/24/97] 11/24/97 473 MOTION by pltfs for leave to file fourth amended complaint FILED UNDER SEAL (kayp) 11/24/97 474 MEMORANDUM by pltfs in support of motion for leave to file fourth amended complaint [473-1] FILED UNDER SEAL (kayp) 11/24/97 475 AFFIDAVIT of K. Craig Wildfang regarding motion for leave to file fourth amended complaint [473-1] FILED UNDER SEAL (kayp) 11/24/97 476 CERTIFICATE by Ronnie J. La Plante for pltfs of service upon defts of motion for leave to file fourth amended complaint [473-1], memorandum [474-1] and affidavit [475-1] (kayp) 11/24/97 477 CLERK'S MINUTES: Status conference held before Magistrate Judge Jerry W. Cavaneau. Present for plaintiffs: Jerry Jones, Amy Stewart, Craig Wildfang and Chris Madel. For defendant: Jim Simpson, William Sutton, Tony Wilcox, Veronica Young, Diane Smith, John Carroll and Susan Childers. Court grants oral motion by Veronica Young, Diane Smith and John Carroll to appear pro hac vice. Court to enter written order. ERO - Donna Jackson (dj) 11/26/97 478 CORRECTED MEMORANDUM by pltfs in support of motion for leave to file fourth amended complaint [473-1] FILED UNDER SEAL (kayp) 11/26/97 479 AFFIDAVIT of Ronnie J. La Plante regarding service of memorandum upon deft [478-1] (kayp) 11/26/97 480 ORDER by Magistrate Judge Jerry W. Cavaneau purs to the discovery conference held on 11/24/97, the court orders: parties are to file briefs by 12/4/97; parties are shall report on the status of the Canadian market figures by 12/1/97; next discovery teleconference to be held 12/5/97 (cc: all counsel) (bt) [Entry date 11/28/97] 11/26/97 481 LIST of prospective deponents and anticipated non-expert trial witnesses filed by Brunswick Corp in response to the May 12 order of Judge Moody [287-1]  (kayp) [Entry date 12/08/97] 11/28/97 482 TRANSCRIPT (1 volume) of discovery conference before Magistrate Judge Jerry W. Cavaneau on 11/24/97 (kayp) [Entry date 12/01/97] [Edit date 12/08/97] Docket as of April 30, 1998 7:05 pm Page 86 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 12/1/97 483 RESPONSE by deft Brunswick Corp to motion for order permitting live testimony via closed circuit television [467-1] (kayp) [Entry date 12/02/97] [Edit date 12/08/97] 12/2/97 484 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part, with modification, and denying in part, without prejudice to the right to reopen the motion as to Interrogatory No. 6, motion to compel certain pltfs to answer its request to admit no. 1 and all of its interrog no. 6 of third set of discovery requests [437-1] (cc: all counsel) EOD 12/2/97 (kayp) [Edit date 12/08/97] 12/2/97 485 ORDER by Magistrate Judge Jerry W. Cavaneau directing clerk to issue a check to Kay Quinn, Transcriber, in the amount of $1,065.00 for transcript of the status conference held 11/24/97 (cc: all counsel) (kayp) [Entry date 12/04/97] [Edit date 12/08/97] 12/3/97 486 MEMORANDUM by pltfs in opposition to motion to compel production of non-privileged notes from IBBI board meetings [460-1] FILED UNDER SEAL (kayp) [Edit date 12/08/97] 12/3/97 487 AFFIDAVIT of Robert R. Weinstine regarding memorandum in opposition to motion to compel [486-1] FILED UNDER SEAL (kayp) [Edit date 12/08/97] 12/3/97 488 NOTICE by Brunswick Corp of filing agenda and brief for 12/5/97 telephone conference (kayp) [Entry date 12/04/97] [Edit date 12/08/97] 12/3/97 489 MOTION by Brunswick Corp to amend scheduling order (kayp) [Entry date 12/04/97] [Edit date 12/08/97] 12/3/97 490 BRIEF by deft Brunswick Corp in support of motion to amend scheduling order [489-1] (kayp) [Entry date 12/04/97] [Edit date 12/08/97] 12/4/97 491 RESPONSE by deft Brunswick Corp to motion for leave to file fourth amended complaint [473-1] (kayp) [Entry date 12/05/97] [Edit date 12/08/97] 12/4/97 492 BRIEF by deft Brunswick Corp in support of response to motion for leave to file fourth amended complaint [491-1] (kayp) [Entry date 12/05/97] [Edit date 12/08/97] 12/4/97 493 NOTICE by Brunswick Corp of filing memorandum on inapplicability of business record exception to certain hearsay documents identified by pltfs (kayp) [Entry date 12/05/97] [Edit date 12/08/97] 12/5/97 494 NOTICE by plaintiff of filing memorandum of law addressing the "business records" exception to the hearsay rule (kayp) [Edit date 12/08/97] Docket as of April 30, 1998 7:05 pm Page 87 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 12/5/97 495 CLERK'S MINUTES: Telephone conference held before Magistrate Judge Jerry W. Cavaneau. Present for Plaintiffs: Jerry Jones. Present for Defendants: William Sutton, Tony Wilcox and Cliff Plunkett. Parties appearing via phone: For Pltf. Brooks Poley; For Dft. John Carroll and Veronica Young, Robert Finke. Order to follow. ERO: Jan Hoyt (jah) [Edit date 12/08/97] 12/8/97 496 MOTION by deft Brunswick Corp for protective order to preclude the deposition of in-house counsel Michael Schmitz (kayp) [Entry date 12/09/97] 12/8/97 497 MEMORANDUM of law by Brunswick Corp in support of motion for protective order to preclude the deposition of in-house counsel Michael Schmitz [496-1] (kayp) [Entry date 12/09/97] [Edit date 12/10/97] 12/9/97 498 ORDER by Judge James M. Moody jury trial moved to 1:30 on 4/13/98; all other ddls shall remain the same (cc: all counsel) (kayp) [Entry date 12/10/97] [Edit date 12/10/97] 12/10/97 499 ORDER by Magistrate Judge Jerry W. Cavaneau following discovery conference of 12/5/97; next discovery conference is set for 12/12/97 at 11:00 a.m. (cc: all counsel) EOD 12/10/97 (kayp) 12/10/97 500 ORDER by Magistrate Judge Jerry W. Cavaneau finding the anticipated fact witness lists previously filed by the parties on a bi-weekly basis no longer necessary (cc: all counsel) EOD 12/10/97 (kayp) 12/10/97 501 AGENDA AND BRIEF filed by defendant Brunswick Corp for the December 12, 1997 telephone conference (bt) [Entry date 12/11/97] 12/11/97 502 MOTION by Brunswick Corp for attorneys John M. Carroll, Diane Green Smith and Veronica Young to appear pro hac vice (kayp) [Entry date 12/12/97] [Edit date 12/16/97] 12/11/97 503 CORRECTED BRIEF by Brunswick Corp in response to pltfs' motion for leave to file fourth amended complaint [473-1] (kayp) [Entry date 12/12/97] 12/12/97 504 SUPPLEMENTAL BRIEF by Brunswick Corp in support of response to motion to permit live testimony via closed circuit testimony [483-1] (kayp) [Entry date 12/15/97] 12/12/97 505 ORDER by Magistrate Judge Jerry W. Cavaneau denying pltfs' oral motion of 12/5/97 to seal the transcript of the David Jones deposition and prevent the disclosure of its contents (cc: all counsel) FILED UNDER SEAL (kayp) [Entry date 12/15/97] Docket as of April 30, 1998 7:05 pm Page 88 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 12/12/97 506 ORDER by Magistrate Judge Jerry W. Cavaneau following telephone discovery conference of 12/12/97 (cc: all counsel) (kayp) [Entry date 12/15/97] 12/12/97 508 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Present in chambers: for pltf - Amy Stewart, for deft: Jim Simpson, Tony Wilcox, Susan Childers and David Wilson. Present by telephone: for pltf - Craig Wildfang and Lori Pfieffer, for deft - Diane Smith and Veronica Young. ERO - Donna Jackson (dj) [Entry date 12/15/97] 12/15/97 507 OBJECTIONS by pltfs to Magistrate Judge Cavaneau's order of 11/17/97 [458-1] EOD 12/15/97 FILED UNDER SEAL (kayp) 12/15/97 509 ORDER by Judge James M. Moody granting motion for attorneys John M. Carroll, Diane Green Smith and Veronica Young to appear pro hac vice for Brunswick Corp [502-1] (cc: all counsel) (kayp) [Entry date 12/16/97] 12/15/97 510 ORDER by Judge James M. Moody setting show-cause hearing for 9:00 on 1/16/98 (cc: all counsel) FILED UNDER SEAL (kayp) [Entry date 12/16/97] 12/16/97 511 ORDER by Judge James M. Moody re the interpretation of "filed under seal" (cc: all counsel) EOD 12/16/97 (kayp) 12/17/97 512 NOTICE by Brunswick Corp of filing agenda and brief for 12/19/97 telephone conference (kayp) [Entry date 12/18/97] 12/17/97 513 ORDER by Judge James M. Moody denying motion for order permitting live testimony via closed circuit television [467-1] (cc: all counsel) (kayp) [Entry date 12/18/97] 12/17/97 514 ORDER by Judge James M. Moody granting motion for leave to file fourth amended complaint [473-1] (cc: all counsel) (kayp) [Entry date 12/18/97] 12/18/97 515 NOTICE by pltfs of filing proposed agenda for 12/19/97 telephone conference with Magistrate Judge Cavaneau (FILED UNDER SEAL) (kayp) 12/18/97 516 ORDER by Magistrate Judge Jerry W. Cavaneau cancelling telephone discovery conference set for 12/19/97 and pltf's issues; the next telephone conference is set for 1/9/98 (cc: all counsel) (kayp) [Entry date 12/19/97] 12/22/97 517 MEMORANDUM OF LAW by pltfs in response to deft's memorandum of law in support of its motion for a protective order to preclude the deposition of Michael Schmitz [497-1] FILED UNDER SEAL  (kayp) [Entry date 12/23/97] Docket as of April 30, 1998 7:05 pm Page 89 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 12/22/97 518 ORDER by Judge James M. Moody amending Scheduling Order of 10/10/97; withdrawing motions to amend scheduling order and to compel discovery [489-1] [471-1]; modifying dates set in court's order of 11/19/97 and amending Protective Order of 9/26/96 (cc: all counsel) (kayp) [Entry date 12/23/97] 12/23/97 519 ORDER by Judge James M. Moody setting next status conference immediately following the contempt hearing scheduled for 9:00 on 1/16/98; parties shall submit proposed agendas by 12:00 on 1/14/98 (cc: all counsel) EOD 12/23/97 (kayp) 12/23/97 520 RESPONSE by deft Brunswick Corp to pltfs' objections to the 11/17/97 order of Judge Cavaneau [507-1]  (kayp) [Entry date 12/29/97] 12/23/97 521 MEMORANDUM of Peter N. Larson and Brunswick Corp in response to order to show cause [510-2] FILED UNDER SEAL  (kayp) [Entry date 12/29/97] 12/24/97 522 FOURTH AMENDED complaint [235-1] by plaintiffs (FILED UNDER SEAL) (kayp) [Entry date 12/29/97] [Edit date 12/29/97] 12/29/97 523 AFFIDAVIT of service of Lisa M. Krafve of fourth amended complaint upon opposing counsel [522-1] (kayp) 12/30/97 524 MOTION by pltfs for attorney Steven E. Uhr to appear pro hac vice (kayp) [Entry date 12/31/97] 1/2/98 525 ORDER by Judge James M. Moody that deft provide responses to interrogs by 1/6/98 and to request for production of documents by 1/5/98; and denying request for sanctions (cc: all counsel) (kayp) [Entry date 01/05/98] 1/6/98 526 ORDER by Judge James M. Moody granting motion for attorney Steven E. Uhr to appear pro hac vice [524-1] (cc: all counsel) EOD 1/6/98 (kayp) 1/7/98 527 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau regarding plaintiffs' interrogatory #189. Present in chambers for defendant - Jim Simpson. Present by telephone: for plaintiffs - Jerry Jones, Amy Stewart, Brooks Poley, Craig Wildfang; for defendant - Mark McLaughlin, Lucy Nale, Gary Moddock and Jenny Dickey. Court to enter written order. ERO - Donna Jackson (dj) 1/7/98 528 NOTICE by Brunswick Corp of filing agenda and brief for 1/9/98 telephone conference (kayp) [Entry date 01/08/98] 1/8/98 529 ANSWER to fourth amended complaint by deft Brunswick Corp; jury demand (FILED UNDER SEAL) (kayp) [Entry date 01/09/98] [Edit date 01/09/98] Docket as of April 30, 1998 7:05 pm Page 90 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 1/8/98 529 FIFTH amended counterclaim by counter-claimant Brunswick Corp against counter-defts Independent Boat, Caravelle Boats Inc, Concord Boat Corp, Galaxie Boat Works, Sea Arrow Marine Inc, Mariah Boats Inc, Harris Kayot Inc, Armada Manufacturing, Baha Cruisers/FRP, Campion Marine Inc, Mirage Holdings Inc, Play Time Mfg, Powerquest Boats Inc, Silverton Marine, Thompson Marine, Vanguard Industries, G W Invader, Albemarle Boats Inc, KCS International (FILED UNDER SEAL) (kayp) [Entry date 01/09/98] 1/9/98 530 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Present in chambers: for pltfs - Jerry Jones and Amy Stewart, for deft - Jim Simpson and Susan Childers. Present by telephone: for pltfs - Chris Madel, Brooks Poley and Craig Wildfang, for deft - Mark McLaughlin, Dan DuPre and Lucy Nale. Court to enter written order. ERO - Donna Jackson (dj) 1/12/98 531 RESPONSE by pltfs to the court's order to show cause of 12/15/97 [510-2] FILED UNDER SEAL  (kayp) [Entry date 01/13/98] 1/12/98 532 ORDER by Magistrate Judge Jerry W. Cavaneau setting teleconference for 1/13/98 at 11:00 a.m. (cc: all counsel) (kayp) [Entry date 01/13/98] 1/12/98 533 ORDER by Judge James M. Moody cancelling show-cause hearing and status conference on 1/16/98; deft should construe this order as a show-cause order and file any submissions by 1/26/98 (cc: all counsel) FILED UNDER SEAL (kayp) [Entry date 01/13/98] 1/13/98 534 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau regarding interrogatory #189. Present in chambers: for pltf - Jerry Jones, for deft - Jim Simpson. Present by telephone: for pltf - Amy Stewart, Chris Madel, Brooks Poley, Craig Wildfang, for deft - Mark McLaughlin, Dan DuPre and Lucy Nale. ERO - Donna Jackson (dj) 1/13/98 535 NOTICE of motion and motion by pltfs to compel re pltfs' fourteenth set of discovery FILED UNDER SEAL (kayp) [Entry date 01/14/98] 1/13/98 536 MEMORANDUM by pltfs in support of motion to compel re pltfs' fourteenth set of discovery [535-1] FILED UNDER SEAL (kayp) [Entry date 01/14/98] 1/13/98 537 AFFIDAVIT of K. Craig Wildfang re motion to compel re pltfs' fourteenth set of discovery [535-1] FILED UNDER SEAL (kayp) [Entry date 01/14/98] 1/13/98 538 ORDER by Magistrate Judge Jerry W. Cavaneau setting ddls following telephone discovery conferences of 1/9/98 and 1/13/98 (cc: all counsel) (kayp) [Entry date 01/14/98] Docket as of April 30, 1998 7:05 pm Page 91 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 1/13/98 539 SUPPLEMENTAL RESPONSE by pltfs in opposition to deft Brunswick Corp's motion for summary judgment on pltfs' claims of attempted monopolization of The Stern and Boat Markets [379-1] FILED UNDER SEAL (kayp) [Entry date 01/14/98] [Edit date 01/15/98] 1/13/98 541 AFFIDAVIT of Steven E. Uhr regarding supplemental response to motion for summary judgment on pltfs' claims of attempted monopolization of the Stern Drive and Outboard Boat Markets [539-1] FILED UNDER SEAL (kayp) [Entry date 01/15/98] 1/13/98 542 AFFIDAVIT of service of Ronnie J. La Plante regarding supplemental response to motion for summary judgment [539-1] (kayp) [Entry date 01/15/98] 1/14/98 540 RESPONSE by pltfs to court's order to show cause of 12/15/97 [510-2] FILED UNDER SEAL  (kayp) 1/15/98 543 NOTICE and motion by pltfs to compel inspection of Brunswick Corporation's premises FILED UNDER SEAL (kayp) [Edit date 01/15/98] 1/15/98 544 MEMORANDUM by pltfs in support of motion to compel inspection of Brunswick Corporation's premises [543-1] FILED UNDER SEAL (kayp) 1/15/98 545 AFFIDAVIT of Laura A. Pfeiffer regarding motion to compel inspection of Brunswick Corporation's premises [543-1] FILED UNDER SEAL (kayp) 1/15/98 546 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau regarding materials reviewed and relied upon by experts. Present: for pltfs - Amy Stewart (in chambers), Chris Madel, Brooks Poley Craig Wildfang and Steve Uhr; for deft Jim Simpson (in chambers). ERO - Donna Jackson (dj) 1/15/98 547 EMERGENCY MOTION by deft Brunswick Corp to extend ddl for filing pre-trial motions (kayp) [Entry date 01/16/98] 1/15/98 548 BRIEF by Brunswick Corp in support of motion to extend ddl for filing pre-trial motions [547-1] (kayp) [Entry date 01/16/98] 1/15/98 549 MOTION by Brunswick Corp for attorney Bettina Getz to appear pro hac vice (kayp) [Entry date 01/16/98] 1/16/98 550 ORDER by Judge James M. Moody re pltfs' objection to Judge Cavaneau's order of 11/17/97; deft is directed to produce the entire settlement agreement to pltfs within 5 days of the entry date of this order [507-1] (cc: all counsel) (kayp) [Entry date 01/20/98] Docket as of April 30, 1998 7:05 pm Page 92 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 1/16/98 551 ORDER by Magistrate Judge Jerry W. Cavaneau extending pltfs' ddl for furnishing supplemental report of Robert Hall to 1/22/98; all other ddls to remain in effect (cc: all counsel) (kayp) [Entry date 01/20/98] 1/17/98 552 ORDER by Magistrate Judge Jerry W. Cavaneau setting telephone discovery conference for 1/23/98 at 11:00; agendas are due 1/21/98; deft should reply to Jerry Jones letter of 1/14/98 no later than 1/20/98; defts are to contact Ernst & Young by 1/20/98 to locate missing submissions; and deft should supply ptfs with missing data re zip disk and pltfs' interrog no. 189 no later than 1/20/98 (cc: all counsel) (kayp) [Entry date 01/20/98] 1/20/98 553 ORDER by Judge James M. Moody granting motion for attorney Bettina Getz to appear pro hac vice [549-1] (cc: all counsel) EOD 1/20/98 (kayp) 1/20/98 554 ANSWER by pltfs to deft's Fifth Amended Counterclaim (kayp) 1/20/98 555 ORDER by Magistrate Judge Jerry W. Cavaneau re inboard sales information (cc: all counsel) (kayp) [Entry date 01/21/98] 1/20/98 556 RESPONSE by pltfs to motion to extend ddl for filing pre-trial motions [547-1] (kayp) [Entry date 01/21/98] 1/20/98 557 MOTION by deft Brunswick Corp to compel and to shorten response time pursuant to Local Rule C-7(b) (kayp) [Entry date 01/21/98] 1/20/98 558 BRIEF by Brunswick Corp in support of motion to compel [557-1] and to shorten response time pursuant to Local Rule C-7(b) [557-2] (kayp) [Entry date 01/21/98] 1/21/98 559 ORDER by Magistrate Judge Jerry W. Cavaneau directing deft to provide certain information to pltfs within five business days of the date of this order and subject to the protective order this information shall be designed "highly confidential" (cc: all counsel) EOD 1/21/98 FILED UNDER SEAL (kayp) 1/21/98 560 ORDER by Judge James M. Moody directing clerk to docket Jerry Jones' letter dated 1/14/98 as a motion by pltfs to exclude testimony of Hoffman and Feldman and to docket James Simpson's letter of 1/20/98 as a response to this motion; any additional materials to support parties' position should be filed by 1/22/98 (cc: all counsel) EOD 1/21/98 (kayp) 1/21/98 561 MOTION by pltfs to exclude the testimony of defts' experts designated to respond to pltfs' experts Dr. W. Michael Hoffman and Ms. Joan Feldman (kayp) [Edit date 01/27/98] Docket as of April 30, 1998 7:05 pm Page 93 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 1/21/98 562 RESPONSE by James M. Simpson on behalf of deft to motion to exclude the testimony of defts' experts designated to respond to pltfs' experts Dr. W. Michael Hoffman and Ms. Joan Feldman [561-1] (kayp) [Edit date 01/27/98] 1/21/98 563 ORDER by Judge James M. Moody granting in part and denying in part motion to extend ddl for filing pre-trial motions [547-1]; ddl for filing pretrial motions is extended to 2/2/98; ddl for answering contention interrogs shall remain at 3/2/98 (cc: all counsel) EOD 1/21/98 (kayp) 1/21/98 565 NOTICE by Brunswick Corp of filing agenda and brief for 1/23/98 telephone conference (kayp) [Entry date 01/22/98] 1/21/98 566 REPLY MEMORANDUM by Brunswick Corp in support of motion for summary judgment on pltfs' claims of attempted monopolization of The Stern Drive and Outboard Boat Markets [379-1] FILED UNDER SEAL (kayp) [Entry date 01/22/98] 1/21/98 567 ORDER by Magistrate Judge Jerry W. Cavaneau that pltfs respond to deft's motion to compel by 1/22/98; motion will be an agenda item for the discovery conference on 1/23/98 (cc: all counsel) (kayp) [Entry date 01/22/98] 1/22/98 564 CLERK'S MINUTES: HEARING on discovery disputes held before Judge James M. Moody by phone in chambers with attorneys Sutton, Simpson, & Childers present and attorneys Poley, Mclaughlin, Finke, Jones, Stewart & Wildfang by phone. Judge Cavaneau present. Ctrptr. Fant. (sp) 1/23/98 568 MEMORANDUM by pltfs in opposition to deft's motion to compel [557-1] (kayp) 1/23/98 569 AFFIDAVIT of Brooks F. Poley re memorandum in opposition to Brunswick's motion to compel discovery [568-1] (kayp) 1/23/98 570 CERTIFICATE OF SERVICE by Lisa M. Krafve for pltfs of service upon deft of memorandum in opposition to motion to compel and affidavit of Brooks F. Poley [569-1] [568-1] (kayp) 1/23/98 571 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau. Present in chambers: for pltfs - Amy Stewart, for deft Tony Wilcox and Susan Childers. Present by telephone: for pltfs - Jerry Jones, Chris Madel, Brooks Poley, Craig Wildfang and Steve Uhr, for deft - John Carroll, Diane Smith, Veronica Young and Lucia Nale. Court to enter written order. Court reporter - Carolyn Fant (dj) Docket as of April 30, 1998 7:05 pm Page 94 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 1/23/98 572 ORDER by Judge James M. Moody following the telephone conference of 1/22/98 setting ddl for pltfs' for filing dispositive pretrial motions for 2/9/98; denying pltfs' request to compel Dr. Rapp's deposition during the week of 2/2/98; directing deft to provide Bates numbers for Dr. Venus' reliance materials on or before the close of business on 1/23/98, as well as a list of all articles listed on Dr. Venus' CV; pltfs shall respond to the court re this list by 1/28/98 (cc: all counsel) EOD 1/23/98 (kayp) 1/23/98 573 MEMORANDUM by deft Brunswick Corp in opposition to motion to compel re pltfs' fourteenth set of discovery [535-1] (kayp) [Entry date 01/26/98] 1/23/98 574 ORDER by Magistrate Judge Jerry W. Cavaneau following the discovery conference of 1/23/98 setting ddls for discovery (cc: all counsel) (kayp) [Entry date 01/26/98] 1/26/98 575 ORDER by Magistrate Judge Jerry W. Cavaneau re deft's production of documents provided to the FTC (cc: all counsel) EOD 1/26/98 (kayp) 1/26/98 576 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion for protective order to preclude the deposition of in-house counsel Michael Schmitz [496-1] (cc: all counsel) EOD 1/26/98 (kayp) 1/26/98 577 MEMORANDUM by deft Brunswick Corp in opposition to motion to compel inspection of Brunswick Corporation's premises [543-1] (kayp) [Entry date 01/27/98] 1/26/98 578 MEMORANDUM by Peter N. Larson and Brunswick Corp in response to court's order of 1/12/98 to show cause [533-2] FILED UNDER SEAL  (kayp) [Entry date 01/27/98] 1/27/98 579 AFFIDAVIT of K. Craig Wildfang in opposition to deft's motion to extend ddl for filing pre-trial motions [547-1] (kayp) 1/27/98 580 MOTION by Brunswick Corp to strike Joan Feldman as an expert witness for pltfs (kayp) [Entry date 01/28/98] 1/27/98 581 BRIEF by Brunswick Corp in support of motion to strike Joan Feldman as an expert witness for pltfs [580-1] (kayp) [Entry date 01/28/98] 1/27/98 582 MOTION by Brunswick Corp to exclude the testimony of pltfs' expert on business ethics (kayp) [Entry date 01/28/98] 1/27/98 583 MEMORANDUM by Brunswick Corp in support of motion to exclude the testimony of pltfs' expert on business ethics [582-1] (kayp) [Entry date 01/28/98] Docket as of April 30, 1998 7:05 pm Page 95 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 1/28/98 584 NOTICE of motion and motion by pltfs to compel production of, or for in camera inspection of documents improperly withheld on privilege grounds or improperly redacted FILED UNDER SEAL (kayp) 1/28/98 585 MEMORANDUM by pltfs in support of motion to compel production of [584-1], of motion for in camera inspection of documents improperly withheld on privilege grounds or improperly redacted [584-2] FILED UNDER SEAL (kayp) 1/28/98 586 AFFIDAVIT of Laura A. Pfeiffer regarding motion to compel production of [584-1], or for in camera inspection of documents improperly withheld on privilege grounds or improperly redacted [584-2] FILED UNDER SEAL (kayp) [Edit date 01/28/98] 1/28/98 587 ORDER by Judge James M. Moody directing parties to submit proposed agendas for the status conference on or before 2/9/98 (cc: all counsel) (kayp) [Entry date 01/29/98] 1/29/98 588 TRANSCRIPT (1 volume) of telephone conference before Magistrate Jerry W Cavaneau on 10/24/97 (kayp) 1/29/98 589 TRANSCRIPT (1 volume) of telephone conference before Magistrate Jerry W Cavaneau on 1/9/98 (kayp) 1/29/98 590 ORDER by Judge James M. Moody re show cause order of 12/15/97 (cc: all counsel) FILED UNDER SEAL (kayp) [Entry date 01/30/98] 1/30/98 591 ORDER by Judge James M. Moody denying motion to exclude the testimony of defts' experts designated to respond to pltfs' experts Dr. W. Michael Hoffman and Ms. Joan Feldman [561-1]; defts will be allowed to designate the two experts (cc: all counsel) EOD 1/30/98 (kayp) 1/30/98 592 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion to compel [557-1] [557-2]; pltf shall respond no later than 10 days from the date of this order to Interrogs 73 through 75; all other responses are du no later than 20 days from the date of this order (cc: all counsel) (kayp) [Entry date 02/02/98] 2/2/98 593 MOTION by Brunswick Corp for partial summary judgment against Albermarle Boats, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) [Edit date 02/02/98] 2/2/98 594 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Albermarle Boats, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [593-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 96 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/2/98 595 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Albermarle Boats, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' amended complaint [593-1] FILED UNDER SEAL (kayp) 2/2/98 596 MOTION by Brunswick Corp for partial summary judgment against Harris-Kayot, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 597 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Harris-Kayot, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [596-1] FILED UNDER SEAL (kayp) 2/2/98 598 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Harris-Kayot, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [596-1] FILED UNDER SEAL (kayp) 2/2/98 599 MOTION by Brunswick Corp for partial summary judgment against Campion Marine, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 600 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Campion Marine, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [599-1] FILED UNDER SEAL (kayp) 2/2/98 601 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Campion Marine, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [599-1] FILED UNDER SEAL (kayp) 2/2/98 602 MOTION by Brunswick Corp for partial summary judgment against KCS International Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 603 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against KCS International Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [602-1] FILED UNDER SEAL (kayp) 2/2/98 604 BRIEF by Brunswick Corp in support of motion for partial summary judgment against KCS International Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [602-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 97 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/2/98 605 MOTION by Brunswick Corp for partial summary judgment against Sea Arrow Marine, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 606 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Sea Arrow Marine, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [605-1] FILED UNDER SEAL (kayp) 2/2/98 607 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Sea Arrow Marine, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [605-1] FILED UNDER SEAL (kayp) [Edit date 02/02/98] 2/2/98 608 MOTION by Brunswick Corp for partial summary judgment against Silverton Marine Corp upon the seventh, eighth and ninth claims for relief of plaintiffs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 609 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Silverton Marine Corp upon the seventh, eighth and ninth claims for relief of plaintiffs' fourth amended complaint [608-1] FILED UNDER SEAL (kayp) 2/2/98 610 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Silverton Marine Corp upon the seventh, eighth and ninth claims for relief of plaintiffs' fourth amended complaint [608-1] FILED UNDER SEAL (kayp) 2/2/98 611 MOTION by Brunswick Corp for partial summary judgment against Caravell Boats Inc upon the seventh, eighth and ninth claims for relief of plaintiffs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 612 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Caravell Boats Inc upon the seventh, eighth and ninth claims for relief of plaintiffs' fourth amended complaint [611-1] FILED UNDER SEAL (kayp) 2/2/98 613 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Caravell Boats Inc upon the seventh, eighth and ninth claims for relief of plaintiffs' fourth amended complaint [611-1] FILED UNDER SEAL (kayp) 2/2/98 614 MOTION by Brunswick Corp for partial summary judgment against Malibu Boats West upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 98 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/2/98 615 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Malibu Boats West upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [614-1] FILED UNDER SEAL (kayp) 2/2/98 616 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Malibu Boats West upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [614-1] FILED UNDER SEAL (kayp) 2/2/98 617 MOTION by Brunswick Corp for partial summary judgment against Powerquest Boats Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 618 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Powerquest Boats Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [617-1] FILED UNDER SEAL (kayp) 2/2/98 619 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Powerquest Boats Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [617-1] FILED UNDER SEAL (kayp) 2/2/98 620 MOTION by Brunswick Corp for partial summary judgment against Mariah Boats, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 621 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Mariah Boats, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [620-1] FILED UNDER SEAL (kayp) 2/2/98 622 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Mariah Boats, Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [620-1] FILED UNDER SEAL (kayp) 2/2/98 623 MOTION by Brunswick Corp for partial summary judgment against Galaxie Boat Works Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 624 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Galaxie Boat Works Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [623-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 99 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/2/98 625 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Galaxie Boat Works Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [623-1] FILED UNDER SEAL (kayp) 2/2/98 626 MOTION by Brunswick Corp for partial summary judgment against Thompson Boat Works Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 627 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Thompson Boat Works Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [626-1] FILED UNDER SEAL (kayp) 2/2/98 628 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Thompson Boat Works Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [626-1] FILED UNDER SEAL (kayp) 2/2/98 629 MOTION by Brunswick Corp for partial summary judgment against IBBI upon the first, second, fourth, sixth, seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 630 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against IBBI upon the first, second, fourth, sixth, seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [629-1] FILED UNDER SEAL (kayp) 2/2/98 631 BRIEF by Brunswick Corp in support of motion for partial summary judgment against IBBI upon the first, second, fourth, sixth, seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [629-1] FILED UNDER SEAL (kayp) 2/2/98 632 MOTION by Brunswick Corp for partial summary judgment against Mirage Mfg LLC upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 633 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Mirage Mfg LLC upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [632-1] FILED UNDER SEAL (kayp) 2/2/98 634 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Mirage Mfg LLC upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [632-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 100 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/2/98 635 MOTION by Brunswick Corp for partial summary judgment against G W Invader upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 636 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against G W Invader upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [635-1] FILED UNDER SEAL (kayp) 2/2/98 637 BRIEF by Brunswick Corp in support of motion for partial summary judgment against G W Invader upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [635-1] FILED UNDER SEAL (kayp) 2/2/98 638 MOTION by Brunswick Corp for partial summary judgment against Play Time Mfg. by Ohio Marine Distr., Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 639 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Play Time Mfg. by Ohio Marine Distr., Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [638-1] FILED UNDER SEAL (kayp) 2/2/98 640 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Play Time Mfg. by Ohio Marine Distr., Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [638-1] FILED UNDER SEAL (kayp) 2/2/98 641 MOTION by Brunswick Corp for partial summary judgment against Concord Boat Corp upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 642 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Concord Boat Corp upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [641-1] FILED UNDER SEAL (kayp) 2/2/98 643 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Concord Boat Corp upon the eighth and ninth claims for relief of pltfs' fourth amended complaint [641-1] FILED UNDER SEAL (kayp) 2/2/98 644 MOTION by Brunswick Corp for partial summary judgment against Armada Mfg Co Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 101 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/2/98 645 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Armada Mfg Co Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [644-1] FILED UNDER SEAL (kayp) 2/2/98 646 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Armada Mfg Co Inc upon the eighth and ninth claims for relief of pltfs' fourth amended complaint [644-1] FILED UNDER SEAL (kayp) 2/2/98 647 MOTION by Brunswick Corp for partial summary judgment against Avenger Mfg upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 648 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Avenger Mfg upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [647-1] FILED UNDER SEAL (kayp) 2/2/98 649 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Avenger Mfg upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [647-1] FILED UNDER SEAL (kayp) 2/2/98 650 MOTION by Brunswick Corp for partial summary judgment against Baha Cruisers/FRP Industries Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 651 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Baha Cruisers/FRP Industries Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [650-1] FILED UNDER SEAL (kayp) 2/2/98 652 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Baha Cruisers/FRP Industries Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [650-1] FILED UNDER SEAL (kayp) 2/2/98 653 MOTION by Brunswick Corp for partial summary judgment as to pltfs' seventh, eighth and ninth claims for relief FILED UNDER SEAL (kayp) [Edit date 02/02/98] 2/2/98 654 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment as to pltfs' seventh, eighth and ninth claims for relief [653-1] FILED UNDER SEAL (kayp) [Edit date 02/02/98] Docket as of April 30, 1998 7:05 pm Page 102 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/2/98 655 BRIEF by Brunswick Corp in support of motion for partial summary judgment as to pltfs' seventh, eighth and ninth claims for relief [653-1] FILED UNDER SEAL (kayp) 2/2/98 656 NOTICE by Brunswick Corp of filing documentary supplement in support of deft's motion for partial summary judgment (FILED UNDER SEAL) (kayp) [Edit date 02/02/98] 2/2/98 657 MOTION by deft Brunswick Corp for partial summary judgment on pltfs' claims for damages that they allegedly incurred before 12/7/91 FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 658 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment on pltfs' claims for damages that they allegedly incurred before 12/7/91 [657-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 659 MEMORANDUM by Brunswick Corp in support of motion for partial summary judgment on pltfs' claims for damages that they allegedly incurred before 12/7/91 [657-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 660 MOTION by Brunswick Corp to strike paragraph 65 (the "transfer price" allegations) from the fourth amended complaint FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 661 MEMORANDUM by Brunswick Corp in support of motion to strike paragraph 65 (the "transfer price" allegations) from the fourth amended complaint [660-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 662 MOTION by Brunswick Corp to supplement record relating to its motion for summary judgment on pltfs' claims for attempted monopolization of the outboard and stern drive boat markets to include reference to pltfs' expert (kayp) [Entry date 02/03/98] 2/2/98 663 SECOND motion by Brunswick Corp for summary judgment on pltfs' claims of attempted monopolization of the outboard and stern drive boat markets FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 664 MEMORANDUM by Brunswick Corp in support of motion for summary judgment on pltfs' claims of attempted monopolization of the outboard and stern drive boat markets [663-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 665 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for summary judgment on pltfs' claims of attempted monopolization of the outboard and stern drive boat markets [663-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] Docket as of April 30, 1998 7:05 pm Page 103 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/2/98 666 MOTION by Brunswick Corp for partial summary judgment on pltfs' claim of unreasonable restraint of trade with respect to the outboard engine market and the outboard and stern drive boat markets FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 667 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment on pltfs' claim of unreasonable restraint of trade with respect to the outboard engine market and the outboard and stern drive boat markets [666-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 668 MEMORANDUM by Brunswick Corp in support of motion for partial summary judgment on pltfs' claim of unreasonable restraint of trade with respect to the outboard engine market and the outboard and stern drive boat markets [666-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 669 MOTION by Brunswick Corp for summary judgment on pltfs' claim of attempted monopolization of the outboard engine market FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 671 MEMORANDUM by Brunswick Corp in support of motion for summary judgment on pltfs' claim of attempted monopolization of the outboard engine market [669-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 672 MOTION by Brunswick Corp for partial summary judgment against Century Craft Industries Ltd upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 673 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Century Craft Industries Ltd upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [672-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 674 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Century Craft Industries Ltd upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [672-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 675 MOTION by Brunswick Corp for partial summary judgment against Maverick Boat Co Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 676 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Maverick Boat Co Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [675-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 104 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [Entry date 02/03/98] 2/2/98 677 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Maverick Boat Co Inc upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [675-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 678 MOTION by Brunswick Corp for partial summary judgment against Weeres Industries Corp, Palm Beach Marinecraft, Inc. and Marine Mfg Corp upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 679 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Weeres Industries Corp, Palm Beach Marinecraft, Inc. and Marine Mfg Corp upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [678-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/2/98 680 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Weeres Industries Corp, Palm Beach Marinecraft, Inc. and Marine Mfg Corp upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [678-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98] 2/3/98 670 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for summary judgment on pltfs' claim of attempted monopolization of the outboard engine market [669-1] FILED UNDER SEAL (kayp) 2/4/98 681 ORDER by Judge James M. Moody denying pltfs' request that the court order Dr. Charles Venus to produce reports (cc: all counsel) EOD 2/4/98 (kayp) 2/6/98 682 MOTION by pltfs for order establishing response ddls to dispositive motions and motion to shorten repsonse time (kayp) [Entry date 02/09/98] 2/6/98 683 MEMORANDUM by pltfs in support of motion for order establishing response ddls to dispositive motions and to shorten response time [682-1] (kayp) [Entry date 02/09/98] 2/6/98 685 ORDER by Judge James M. Moody deferring ruling on motion for order establishing response ddls to dispositive motions and to shorten response time until deft has had an opportunity to respond in writing no later than 12:00 p.m. on 2/9/98 [682-1] cc: all counsel) (kayp) [Entry date 02/09/98] Docket as of April 30, 1998 7:05 pm Page 105 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/9/98 684 RESPONSE by Brunswick Corp to motion for order establishing response ddls to dispositive motions and motion to shorten repsonse time [682-1] (kayp) 2/9/98 686 NOTICE OF MOTION AND MOTION by pltfs to compel production of documents FILED UNDER SEAL (kayp) 2/9/98 687 MEMORANDUM by pltfs in support of motion to compel production of documents [686-1] FILED UNDER SEAL (kayp) 2/9/98 688 AFFIDAVIT of Brooks F. Poley regarding motion to compel production of documents [686-1] FILED UNDER SEAL (kayp) [Edit date 02/09/98] 2/9/98 689 RENEWED MOTION by pltfs for partial summary judgment ruling that pltfs have properly defined the relevant marine engine markets in this case FILED UNDER SEAL (kayp) 2/9/98 690 MEMORANDUM by pltfs in support of motion for partial summary judgment ruling that pltfs have properly defined the relevant marine engine markets in this case [689-1] FILED UNDER SEAL (kayp) 2/9/98 691 STATEMENT OF FACTS (Rule C-10) by pltfs in support of motion for partial summary judgment ruling that pltfs have properly defined the relevant marine engine markets in this case [689-1] FILED UNDER SEAL (kayp) 2/9/98 692 AFFIDAVIT of Steven E. Uhr regarding motion for partial summary judgment ruling that pltfs have properly defined the relevant marine engine markets in this case [689-1] FILED UNDER SEAL (kayp) 2/9/98 693 NOTICE OF MOTION AND MOTION by pltfs for summary judgment on Count I of deft's Fifth Amended Counterclaim FILED UNDER SEAL (kayp) 2/9/98 694 MEMORANDUM by pltfs in support of motion for summary judgment on Count I of deft's Fifth Amended Counterclaim [693-1] FILED UNDER SEAL (kayp) 2/9/98 695 AFFIDAVIT of Paul A. Bolin regarding motion for summary judgment on Count I of deft's Fifth Amended Counterclaim [693-1] FILED UNDER SEAL (kayp) 2/9/98 696 STATEMENT OF FACTS (Rule 29) by pltfs in support of motion for summary judgment on Count I of deft's Fifth Amended Counterclaim [693-1] FILED UNDER SEAL (kayp) 2/9/98 697 NOTICE OF MOTION AND MOTION by pltfs to deem certain Brunswick documents are authentic, business records and/or admissions of a party-opponent FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 106 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/9/98 698 MEMORANDUM by pltfs in support of motion to deem certain Brunswick documents are authentic, business records and/or admissions of a party-opponent [697-1] FILED UNDER SEAL (kayp) 2/9/98 699 AFFIDAVIT of Laura A. Pfeiffer regarding motion to deem certain Brunswick documents are authentic, business records and/or admissions of a party-opponent [697-1] FILED UNDER SEAL (kayp) 2/9/98 700 AFFIDAVIT of Christopher W. Madel regarding motion to deem certain Brunswick documents are authentic, business records and/or admissions of a party-opponent [697-1] FILED UNDER SEAL (kayp) 2/9/98 701 NOTICE by Brunswick Corp of filing list of prospective deponent and anticipated non-expert trial witnesses pursuant to court's order of 5/12/97 (kayp) [Entry date 02/10/98] 2/9/98 702 MEMORANDUM by Brunswick Corp in opposition to motion to compel production of [584-1], motion for in camera inspection of documents improperly withheld on privilege grounds or improperly redacted [584-2] FILED UNDER SEAL (kayp) [Entry date 02/10/98] 2/9/98 703 RESPONSE by pltfs to motion to strike Joan Feldman as an expert witness for pltfs [580-1] FILED UNDER SEAL (kayp) [Entry date 02/10/98] [Edit date 02/10/98] 2/9/98 704 RESPONSE by pltfs to motion to strike Joan Feldman as an expert witness for pltfs [580-1] FILED UNDER SEAL (kayp) [Entry date 02/10/98] 2/10/98 705 ORDER by Judge James M. Moody granting motion for order establishing 3/4/98 as response ddl to dispositive pretrial motions for pltfs and deft [682-1] (cc: all counsel) EOD 2/10/98 (kayp) 2/10/98 706 ORDER by Judge James M. Moody regarding status conference of 2/13/98 at which the court will hear the oral argument re deft's motion for summary judgment on pltfs' claims of attempted monopolization of the outboard and stern drive boat markets (cc: all counsel) EOD 2/10/98 (kayp) 2/13/98 707 CLERK'S MINUTES: STATUS conf before Judge James M. Moody. Ctrptr. Fant. (sp) 2/18/98 708 TRANSCRIPT (1 volume) of telephone conference before the Honorable Jerry W. Cavaneau on 12/5/97 (kayp) 2/18/98 709 TRANSCRIPT (1 volume) of telephone conference before the Honorable Jerry W. Cavaneau on 12/12/97 (kayp) Docket as of April 30, 1998 7:05 pm Page 107 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/18/98 710 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau regarding interrogatory referring to engine/boat cost ratio. Brooks Poley for pltfs present by telephone and Tony Wilcox and Susan Childers present in chambers. ERO - Donna Jackson (dj) 2/20/98 711 ORDER by Magistrate Judge Jerry W. Cavaneau re proposed jury questionnaire (cc: all counsel) EOD 2/20/98 FILED UNDER SEAL (kayp) 2/20/98 712 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part and denying in part the motion to compel re pltfs' fourteenth set of discovery; unless otherwise stated in the order, items produced pursuant to this order shall be produced within 10 days of the entry date [535-1] (cc: all counsel) EOD 2/20/98 (kayp) 2/20/98 713 ORDER by Magistrate Judge Jerry W. Cavaneau granting in part and denying in part motion to compel inspection of Brunswick Corporation's premises [543-1] (cc: all counsel) EOD 2/20/98 (kayp) 2/20/98 714 RESPONSE by Brunswick Corp to pltfs' third and fourth requests for stipulation of certain Brunswick Corp documents' authenticity and admissibility [697-1] (kayp) [Entry date 02/23/98] 2/20/98 715 MEMORANDUM by Brunswick Corp in opposition to motion to compel production of documents re outboard engine purchases [686-1] (kayp) [Entry date 02/23/98] 2/23/98 716 ORDER by Judge James M. Moody modifying the amended scheduling order dated 10/10/97 (cc: all counsel) EOD 2/23/98 (kayp) 2/23/98 717 ORDER by Judge James M. Moody granting extension of time in which to respond to deft's motion for summary judgment on pltfs' claim of attempted monopolization of the outboard engine market until 2/27/98 [669-1] (cc: all counsel) EOD 2/23/98 (kayp) 2/23/98 718 MEMORANDUM by Brunswick Corp in opposition to motion to deem certain Brunswick documents are authentic, business records and/or admissions of a party-opponent [697-1] FILED UNDER SEAL (kayp) [Entry date 02/24/98] 2/24/98 719 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion to compel a supplemental response to Interrogatory No. 168 [686-1] (cc: all counsel) EOD 2/24/98 (kayp) 2/25/98 720 ORDER by Magistrate Judge Jerry W. Cavaneau grant deft's request that pltfs produce the Volvo stern drive information as requested in Mr. Wilcox's letter of 2/20/98 (cc: all counsel) EOD 2/25/98 (kayp) Docket as of April 30, 1998 7:05 pm Page 108 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 2/25/98 721 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion to compel production of documents [686-1] (cc: all counsel) EOD 2/25/98 (kayp) 2/26/98 722 MEMORANDUM pltfs in support of motion to compel regardling pltfs' fourteenth set of discovery submitted pursuant to Judge Cavaneau's order of 2/20/98 [712-1] FILED UNDER SEAL (kayp) 2/26/98 723 AFFIDAVIT of K. Craig Wildfang re memorandum [722-1] FILED UNDER SEAL (kayp) [Edit date 02/26/98] 2/26/98 724 AFFIDAVIT of Laura A. Pfeiffer regarding memorandum [722-1] FILED UNDER SEAL (kayp) [Edit date 02/26/98] 2/26/98 725 ORDER by Magistrate Judge Jerry W. Cavaneau notifying parties that they need not be available either 2/27/98 or 3/2/98 as oral argument is not necessary on motions (cc: all counsel) (kayp) [Entry date 02/27/98] 2/27/98 726 AMENDED RESPONSE by deft Brunswick Corp to pltfs' third and fourth requests for stipulation of certain Brunswick corporation documents' authenticity and admissibility [718-1]  (kayp) [Entry date 03/02/98] 3/2/98 727 RESPONSE by pltfs to deft's fifth set of discovery requests per court order of 1/30/98 [592-1]  (kayp) 3/2/98 728 RESPONSE by pltf Albemarle Boats Inc to deft's fifth set of discovery requests per court order of 1/30/98 [592-1]  (kayp) 3/2/98 729 RESPONSE by Galaxie Boat Works deft's fifth set of discovery requests per court order of 1/30/98 [592-1]  (kayp) 3/2/98 730 SUPPLEMENTAL BRIEF by pltfs in support of motion for summary judgment on Count I of deft's Fifth Amended Counterclaim incorporating the testimony of Dr. Richard T. Rapp [693-1] FILED UNDER SEAL (kayp) 3/2/98 731 AFFIDAVIT of Paul A. Bolin regarding supplemental brief [730-1] FILED UNDER SEAL (kayp) 3/2/98 732 SUPPLEMENTAL RESPONSE by pltfs to motion for summary judgment on pltfs' claim of attempted monopolization of the outboard engine market [669-1] FILED UNDER SEAL (kayp) 3/2/98 733 SUPPLEMENTATION by pltfs to memorandum in support of its renewed motion for partial summary judgment ruling that pltfs have properly defined the relevant marine engine markets in this case [690-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 109 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/2/98 734 AFFIDAVIT of Steven E. Uhr regarding supplementation to pltfs' memorandum of law in support of its renewed motion for a partial summary judgment [733-1] FILED UNDER SEAL (kayp) 3/2/98 735 AFFIDAVIT of Steven E. Uhr regarding second supplemental response to defts' motion for summary judgment [732-1] FILED UNDER SEAL (kayp) [Edit date 03/03/98] 3/2/98 736 MEMORANDUM by deft Brunswick Corp in opposition to pltfs' supplemental motion to compel re pltfs' fourteenth set of discovery requests pursuant to court's order of 2/20/98 [712-1] FILED UNDER SEAL (kayp) [Entry date 03/03/98] [Edit date 03/03/98] 3/2/98 737 ORDER by Judge James M. Moody granting motion to exclude the testimony of pltfs' expert on business ethics, Dr. W. Michael Hoffman [582-1] and denying motion to strike Joan Feldman as an expert witness for pltfs [580-1] (cc: all counsel) (kayp) [Entry date 03/03/98] 3/2/98 738 ORDER by Judge James M. Moody denying pltfs' motion to deem certain Brunswick documents are authentic, business records and/or admissions of a party-opponent and cancelling referral to Magistrate Judge Cavaneau with respect to said motion [697-1] (cc: all counsel) (kayp) [Entry date 03/03/98] 3/4/98 739 MEMORANDUM of law by pltfs in response to deft Brunswick Corporation's motions for summary judgment on pltfs' claims of attempted monopolization of the outboard and stern drive boat markets [663-1]; for partial summary judgment on pltfs' claim of unreasonable restraint of trade with respect to the outboard engine market and the outboard and stern drive boat markets [666-1]; and for summary judgment on pltfs' claims of attempted monopolization of The Stern Drive and Outboard Boat Markets [379-1] FILED UNDER SEAL (kayp) 3/4/98 740 STATEMENT OF FACTS (Rule 29) by pltf in support of memorandum of law in response to deft's second motion for summary judgment on pltfs' claims of attempted monopolization of the outboard and stern drive boat markets [739-1] (kayp) 3/4/98 741 STATEMENT OF FACTS (Rule 29) by pltfs in support of memorandum of law in response to deft's motion for summary judgment on pltfs' claim of attempted monopolization of the outboard engine market [739-1] (kayp) Docket as of April 30, 1998 7:05 pm Page 110 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/4/98 742 STATEMENT OF FACTS (Rule 29) by pltfs in support of memorandum of law in response to deft's motion for partial summary judgment on pltfs' claim of unreasonable restraint of trade with respect to the outboard engine market and the outboard and stern drive boat markets [739-1] (kayp) 3/4/98 743 AFFIDAVIT of Steven E. Uhr re memorandum of law in response to deft's motions for summary judgment [739-1] FILED UNDER SEAL (kayp) 3/4/98 744 CERTIFICATE OF SERVICE by pltfs of memorandum of law in response to deft's motions for summary judgment and statements of fact in support thereof [742-1] [741-1] [740-1] [739-1] (kayp) 3/4/98 745 MOTION by pltfs in limine (treble damages and attorneys' fees) (kayp) 3/4/98 746 MEMORANDUM by pltfs in support of motion in limine (treble damages and attorneys' fees) [745-1] (kayp) 3/4/98 747 MOTION and notice of motion by pltfs in limine (inboard engines) FILED UNDER SEAL (kayp) 3/4/98 748 MEMORANDUM by pltfs in support of motion in limine (inboard engines) [747-1] FILED UNDER SEAL (kayp) 3/4/98 749 AFFIDAVIT of Christopher W. Madel re motion in limine (inboard engines) [747-1] FILED UNDER SEAL (kayp) 3/4/98 750 MOTION by pltfs in limine no. 1 FILED UNDER SEAL (kayp) 3/4/98 751 MEMORANDUM by pltfs in support of motion in limine no. 1 [750-1] FILED UNDER SEAL (kayp) 3/4/98 752 AFFIDAVIT of K. Craig Wildfang regarding motion in limine no. 1 [750-1] FILED UNDER SEAL (kayp) 3/4/98 753 AFFIDAVIT of Amy Lee Stewart regarding motion in limine no. 1 [750-1] FILED UNDER SEAL (kayp) 3/4/98 754 CERTIFICATE OF SERVICE by pltfs of motion in limine no. 1, memorandum in support thereof and affidavits to deft [753-1] [752-1] [751-1] [750-1] FILED UNDER SEAL (kayp) 3/4/98 755 STATEMENT of material facts that contain a genuine issue to be tried (Pursuant to Local Rule C-10(b) and 9(c)) by pltfs in response to deft's partial motions for summary judgment as to pltfs' seventh, eight and ninth claims for relief [653-1] [650-1] [647-1] [644-1] [641-1] [638-1] [635-1] [632-1] [629-1] [626-1] [623-1] [620-1] [617-1] [614-1] [611-1] [608-1] [605-1] [602-1] [599-1] [596-1] [593-1] [678-1] [675-1] 672-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 111 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/4/98 756 MOTION by pltfs in limine (dissemination of confidential business information) FILED UNDER SEAL (kayp) [Edit date 03/04/98] 3/4/98 757 CONSOLIDATED memorandum by pltfs in opposition to deft Brunswick Corp's motions for partial summary judgment as to pltfs' seventh, eighth and ninth claims for relief [653-1] [650-1] [647-1] [644-1] [641-1] [638-1] [635-1] [632-1] [629-1] [626-1] [623-1] [620-1] [617-1] [614-1] [601-1] [608-1] [605-1] [602-1] [599-1] [596-1] [593-1] [678-1] [675-1] [672-1] FILED UNDER SEAL (kayp) 3/4/98 757 MEMORANDUM by pltfs in support of motion in limine (dissemination of confidential business information) [756-1] FILED UNDER SEAL (kayp) 3/4/98 758 AFFIDAVIT of Christopher W. Madel regarding memorandum in opposition to deft's motions for partial summary judgment and in support of pltfs' motion in limine (dissemination of confidential business information) [757-1] FILED UNDER SEAL (kayp) 3/4/98 759 AFFIDAVIT of K. Craig Wildfang re memorandum in opposition to deft's motions for partial summary judgment and in support of pltfs' motion in limine [757-1] FILED UNDER SEAL (kayp) 3/4/98 760 AFFIDAVIT of Peter L. Barclae re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 761 AFFIDAVIT of Mark Baseler re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 762 AFFIDAVIT of Peter M. Gillon re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 763 AFFIDAVIT of Kevin Hirdes re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 764 AFFIDAVIT of Dennis G. Mierke re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 765 AFFIDAVIT of Thomas M. Moore re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 766 AFFIDAVIT of Malibu Boats West, Inc. re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 767 AFFIDAVIT of Chip Ridge re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 768 AFFIDAVIT of Ross C. Jardine re memorandum [757-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 112 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/4/98 769 AFFIDAVIT of Don L. Dacus re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 770 AFFIDAVIT of Jimmy J. Fulks regarding memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 771 AFFIDAVIT of Fritz Hawkins re memorandum [757-1] FILED UNDER SEAL - regarding motion response [757-1] (kayp) 3/4/98 772 AFFIDAVIT of J. Donald Jones re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 773 AFFIDAVIT of Clinton L. Lee re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 774 AFFIDAVIT of Robert W. Lovelace re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 775 AFFIDAVIT of Russell L. Lowe regarding memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 776 AFFIDAVIT of Jack Swan regarding memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 777 AFFIDAVIT of Jerry C. Jones on behalf of pltfs in connection with various motions filed by the parties (FILED UNDER SEAL) (kayp) 3/4/98 778 AFFIDAVIT of Constance K. White re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 779 MEMORANDUM by pltfs in opposition to deft Brunswick Corp's motion for partial summary judgment on pltfs' claims for damages that they allegedly incurred before 12/7/91 [657-1] FILED UNDER SEAL (kayp) 3/4/98 780 AFFIDAVIT of Laura A. Pfeiffer re pltfs' memorandum in opposition to deft's motion for partial summary judgment on claim for damages that they allegedly incurred before 12/7/91 [779-1] FILED UNDER SEAL (kayp) 3/4/98 781 STATEMENT OF FACTS (Rule 29) by pltf in support of memorandum in opposition to deft's motion for partial summary judgment on pltfs' claims for damages that they allegedly incurred before 12/7/91 [779-1] FILED UNDER SEAL (kayp) 3/4/98 782 AFFIDAVIT of Christopher W. Madel re memorandum [757-1] FILED UNDER SEAL (kayp) 3/4/98 783 MOTION by pltfs in limine no. 2 (business acumen) (kayp) [Entry date 03/05/98] Docket as of April 30, 1998 7:05 pm Page 113 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/4/98 784 BRIEF by pltfs in support of motion in limine no. 2 (business acumen) [783-1] (kayp) [Entry date 03/05/98] 3/4/98 785 MOTION by pltfs in limine no. 3 (evidence related to Brunswick's counterclaim) (kayp) [Entry date 03/05/98] 3/4/98 786 MEMORANDUM by pltfs in support of motion in limine no. 3 (evidence related to Brunswick's counterclaim) [785-1] (kayp) [Entry date 03/05/98] 3/4/98 787 MOTION by pltfs in limine no. 4 (exclude passing on, pltfs' profitability and antitrust injury) (kayp) [Entry date 03/05/98] 3/4/98 788 MEMORANDUM by pltfs in support of motion in limine no. 4 (exclude passing on, pltfs' profitability and antitrust injury) [787-1] (kayp) [Entry date 03/05/98] 3/4/98 789 MOTION by pltfs in limine no. 5 (certainty of damages) (kayp) [Entry date 03/05/98] 3/4/98 790 MEMORANDUM by pltfs in support of motion in limine no. 5 (certainty of damages) [789-1] (kayp) [Entry date 03/05/98] 3/4/98 791 MOTION by pltfs in limine no. 6 (collateral attack on specific instances of conduct) (kayp) [Entry date 03/05/98] 3/4/98 792 MEMORANDUM by pltfs in support of motion in limine no. 6 (collateral attack on specific instances of conduct) [791-1] (kayp) [Entry date 03/05/98] 3/4/98 793 MOTION by pltfs in limine no. 7 (deft's Section 1 Agreement) (kayp) [Entry date 03/05/98] 3/4/98 794 BRIEF by pltfs in support of motion in limine no. 7 (deft's Section 1 Agreement) [793-1] (kayp) [Entry date 03/05/98] 3/4/98 795 MOTION by pltfs in limine no. 8 (Anthony Romersa) (kayp) [Entry date 03/05/98] 3/4/98 796 MEMORANDUM by pltfs in support of motion in limine no. 8 (Anthony Romersa) [795-1] (kayp) [Entry date 03/05/98] 3/4/98 797 MOTION by pltfs in limine no. 9 (post-lawsuit evidence) (kayp) [Entry date 03/05/98] 3/4/98 798 BRIEF by pltfs in support of motion in limine no. 9 (post-lawsuit evidence) [797-1] (kayp) [Entry date 03/05/98] 3/4/98 799 MOTION by pltfs in limine no. 10 (use of pre-1990 info not produced to pltfs) (kayp) [Entry date 03/05/98] 3/4/98 800 MEMORANDUM by pltfs in support of motion in limine no. 10 (use of pre-1990 info not produced to pltfs) [799-1] (kayp) Docket as of April 30, 1998 7:05 pm Page 114 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [Entry date 03/05/98] 3/4/98 801 MOTION by pltfs in limine no. 11 (disaggregation of damages not not required) (kayp) [Entry date 03/05/98] 3/4/98 802 BRIEF by pltfs in support of motion in limine no. 11 (disaggregation of damages not not required) [801-1] (kayp) [Entry date 03/05/98] 3/4/98 803 MOTION by pltfs in limine no. 12 (exclude late named witnesses) (kayp) [Entry date 03/05/98] 3/4/98 804 MEMORANDUM by pltfs in support of motion in limine no. 12 (exclude late named witnesses) [803-1] (kayp) [Entry date 03/05/98] 3/4/98 805 MOTION by pltfs in limine no. 13 (expert reliance on data received after date of last written report or offering opinions) (kayp) [Entry date 03/05/98] 3/4/98 806 MEMORANDUM by pltfs in support of motion in limine no. 13 (expert reliance on data received after date of last written report or offering opinions) [805-1] (kayp) [Entry date 03/05/98] 3/4/98 807 MOTION by pltfs in limine no. 14 (inconsistent position on the product market) (kayp) [Entry date 03/05/98] 3/4/98 808 BRIEF by pltfs in support of motion in limine no. 14 (inconsistent position on the product market) [807-1] (kayp) [Entry date 03/05/98] 3/4/98 809 MOTION by pltfs in limine no. 15 (pltfs' knowledge of damages) (kayp) [Entry date 03/05/98] 3/4/98 810 MEMORANDUM by pltfs in support of motion in limine no. 15 (pltfs' knowledge of damages) [809-1] (kayp) [Entry date 03/05/98] 3/4/98 811 MOTION by pltfs in limine no. 16 (responsibilities of market power) (kayp) [Entry date 03/05/98] 3/4/98 812 BRIEF by pltfs in support of motion in limine no. 16 (responsibilities of market power) [811-1] (kayp) [Entry date 03/05/98] 3/4/98 813 MOTION by pltfs in limine no. 17 FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 814 MEMORANDUM by pltfs in support of motion in limine no. 17 [813-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 815 MOTION by pltfs in limine no. 18 (valid business reasons) (kayp) [Entry date 03/05/98] Docket as of April 30, 1998 7:05 pm Page 115 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/4/98 816 BRIEF by pltfs in support of motion in limine no. 18 (valid business reasons) [815-1] (kayp) [Entry date 03/05/98] 3/4/98 817 MOTION by pltfs in limine no. 19 (use of info requested by pltfs but not produced) (kayp) [Entry date 03/05/98] 3/4/98 818 MEMORANDUM by pltfs in support of motion in limine no. 19 (use of info requested by pltfs but not produced) (kayp) [Entry date 03/05/98] 3/4/98 819 MOTION by pltfs in limine no. 20 (duplicative testimony) (kayp) [Entry date 03/05/98] 3/4/98 820 MEMORANDUM by pltfs in support of motion in limine no. 20 (duplicative testimony) [819-1] (kayp) [Entry date 03/05/98] 3/4/98 821 MOTION by pltfs in limine no. 21 (not "substantial" monopoly power) (kayp) [Entry date 03/05/98] 3/4/98 822 MEMORANDUM by pltfs in support of motion in limine no. 21 (not "substantial" monopoly power) [821-1] (kayp) [Entry date 03/05/98] 3/4/98 823 NOTICE by pltfs of filing initial deposition designations and initial designations of depositions to be shown by videotape (kayp) [Entry date 03/05/98] 3/4/98 824 MOTION by Brunswick Corp in limine to exclude from the jury phase of the trial all evidence that relates only to pltfs' claims concerning boats and outboard engines (kayp) [Entry date 03/05/98] 3/4/98 825 MEMORANDUM by deft Brunswick Corp in support of motion in limine to exclude from the jury phase of the trial all evidence that relates only to pltfs' claims concerning boats and outboard engines [824-1] (kayp) [Entry date 03/05/98] 3/4/98 826 MOTION by Brunswick Corp in limine re pltfs' opinion testimony; pltfs' testimony based on hearsay; and other testimony aboaut which pltfs lack personal knowledge FILED UNDER SEAL (kayp) [Entry date 03/05/98] [Edit date 03/05/98] 3/4/98 827 BRIEF by Brunswick Corp in support of motion in limine re pltfs' opinion testimony; pltfs' testimony based on hearsay; and other testimony about which pltfs lack personal knowledge [826-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] [Edit date 03/05/98] 3/4/98 828 MOTION by Brunswick Corp in limine to exclude all references to Brunswick's internal "transfer pricing" FILED UNDER SEAL (kayp) [Entry date 03/05/98] Docket as of April 30, 1998 7:05 pm Page 116 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [Edit date 03/05/98] 3/4/98 829 MEMORANDUM by Brunswick Corp in support of motion in limine to exclude all references to Brunswick's internal "transfer pricing" [828-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] [Edit date 03/05/98] 3/4/98 830 MOTION by Brunswick Corp in limine to exclude evidence or argument relating to other antitrust litigation FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 831 MEMORANDUM by Brunswick Corp in support of motion in limine to exclude evidence or argument relating to other antitrust litigation [830-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 832 MOTION by Brunswick Corp in limine to exclude all evidence of the parties' conduct during discovery FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 833 MEMORANDUM by Brunswick Corp in support of motion in limine to exclude all evidence of the parties' conduct during discovery [832-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 834 MOTION by Brunswick Corp in limine to exclude all references to the allegations in paragraph 69(f) of the fourth amended complaint FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 835 MEMORANDUM by Brunswick Corp in support of motion in limine to exclude all references to the allegations in paragraph 69(f) of the fourth amended complaint [834-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 836 MOTION by Brunswick Corp in limine to preclude pltfs from raising fraudulent concealment at trial FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 837 MEMORANDUM by Brunswick Corp in support of motion in limine to preclude pltfs from raising fraudulent concealment at trial [836-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 838 MOTION by Brunswick Corp in limine to exclude all evidence concerning The Mercury Marine MAP System FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 839 MEMORANDUM by Brunswick Corp in support of motion in limine to exclude all evidence concerning The Mercury Marine MAP System [838-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 840 MOTION by Brunswick Corp in limine to exclude evidence that former Brunswick employee disclosed confidential independent boat builder info FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 117 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC [Entry date 03/05/98] 3/4/98 841 MEMORANDUM by Brunswick Corp in support of motion in limine to exclude evidence that former Brunswick employee disclosed confidential independent boat builder info [840-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 842 MOTION by Brunswick Corp in limine to exclude evidence that Brunswick pressured or coerced marine dealers to drop or refrain from selling non-pltf boat lines (kayp) [Entry date 03/05/98] 3/4/98 843 MEMORANDUM by Brunswick Corp in support of motion in limine to exclude evidence that Brunswick pressured or coerced marine dealers to drop or refrain from selling non-pltf boat lines [842-1] (kayp) [Entry date 03/05/98] 3/4/98 844 MOTION by Brunswick Corp in limine to exclude evidence of so-called price discrimination (kayp) [Entry date 03/05/98] 3/4/98 845 MEMORANDUM by Brunswick Corp in support of motion in limine to exclude evidence of so-called price discrimination [844-1] (kayp) [Entry date 03/05/98] 3/4/98 846 MOTION by Brunswick Corp in limine to preclude pltfs from confronting witnesses with documents that those witnesses did not see in the ordinary course of business FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 847 MEMORANDUM by Brunswick Corp in support of motion in limine to preclude pltfs from confronting witnesses with documents that those witnesses did not see in the ordinary course of business [846-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 848 MOTION by Brunswick Corp in limine to preclude pltfs from asking a witness questions designed to result in the invocation of the attorney-client privilege or the work product doctrine FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 849 MEMORANDUM by Brunswick Corp in support of motion in limine to preclude pltfs from asking a witness questions designed to result in the invocation of the attorney-client privilege or the work product doctrine [848-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 850 MOTION by Brunswick Corp in limine re pltfs' confidential information FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 851 BRIEF by Brunswick Corp in support of motion in limine re pltfs' confidential information [850-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] Docket as of April 30, 1998 7:05 pm Page 118 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/4/98 852 MOTION by Brunswick Corp in limine to exclude evidence or argument that Brunswick caused Yamaha to exit the stern drive engine manufacturing business FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 853 APPENDIX filed by Brunswick Corp re motion in limine to exclude evidence or argument that Brunswick caused Yamaha to exit the stern drive engine manufacturing business [852-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 854 MEMORANDUM by Brunswick Corp in support of motion in limine to exclude evidence or argument that Brunswick caused to exit the stern drive engine manufacturing business [852-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 855 MOTION by Brunswick Corp in limine to exclude evidence and testimony concerning opinions and recommendations expressed by McKinsey & Co FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 856 MEMORANDUM by Brunswick Corp in support of motion in limine to exclude evidence and testimony concerning opinions and recommendations expressed by McKinsey & Co [855-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 857 MEMORANDUM by Brunswick Corp in opposition to pltfs' motion for summary judgment on Count I of deft's Fifth Amended Counterclaim [693-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 858 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of memorandum in opposition to pltfs' motion for summary judgment on Count 1 of Brunswick's counterclaim [857-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 859 MOTION by Brunswick Corp in limine to limit the testimony of Robert E. Hall, pltfs' economics expert FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 860 MEMORANDUM by Brunswick Corp in support of motion in limine to limit the testimony of Robert E. Hall, pltfs' economics expert [859-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 861 MEMORANDUM by Brunswick Corp in opposition to motion for partial summary judgment ruling that pltfs have properly defined the relevant marine engine markets in this case [689-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] 3/4/98 862 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of memorandum in opposition to pltfs' renewed motion for partial summary judgment [861-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98] Docket as of April 30, 1998 7:05 pm Page 119 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/4/98 868 ORDER by Magistrate Judge Jerry W. Cavaneau finding the motion to compel discovery (dissemination of confidential information) moot [440-1] (cc: all counsel) (kayp) [Entry date 03/05/98] 3/5/98 863 AFFIDAVIT of Laura A. Pfeiffer in support of pltfs' consolidated memorandum of law in opposition to deft's motions for partial summary judgment and in support of pltfs' motion in limine [757-1] FILED UNDER SEAL (kayp) 3/5/98 864 CERTIFICATE OF SERVICE by pltfs of affidavit of Laura A. Pfeiffer [863-1] (kayp) 3/5/98 865 CERTIFICATE OF SERVICE by Dawn M. Van Alstine for pltfs of documents filed on 3/4/98 upon deft (kayp) 3/5/98 866 CERTIFICATE OF SERVICE by Dawn M. Van Astine for pltfs of documents on deft (kayp) 3/5/98 867 CERTIFICATE OF SERVICE by Dawn M. Van Alstine for pltfs of documents on deft (kayp) 3/5/98 869 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion to compel production of non-privileged notes from IBBI meetings [460-1] (cc: all counsel) EOD 3/5/98 FILED UNDER SEAL (kayp) 3/6/98 870 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion in part and denying in part pltfs' motion to compel production of, or for in camera inspection of documents improperly withheld on privilege grounds or improperly redacted [584-1] [584-2] (cc: all counsel) EOD 3/6/98 (FILED UNDER SEAL) (kayp) 3/6/98 871 RESPONSE by Brunswick Corp to pltfs' fifth requests for stipulation of certain Brunswick documents' authenticity and admissibility  (kayp) [Entry date 03/09/98] 3/9/98 872 ORDER by Magistrate Judge Jerry W. Cavaneau setting telephone conference on the matter of pltfs' fourteenth set of discovery for 3/11/98 (cc: all counsel) EOD 3/9/98 (FILED UNDER SEAL) (kayp) 3/9/98 873 ORDER by Judge James M. Moody granting in part and denying in part deft's motion for summary judgment on pltfs' claims of attempted monopolization of Stern Drive and Outboard Boat Markets: summary judgment is granted with respect to pltfs' fifth claim for relief and denied with respect to pltfs' third claim for relief [379-1] (cc: all counsel) EOD 3/9/98 (kayp) 3/10/98 874 OBJECTIONS by pltfs to Judge Cavaneau's 2/25/98 order re the production of Volvo stern drive data [720-1] (kayp) Docket as of April 30, 1998 7:05 pm Page 120 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/10/98 875 OBJECTIONS by pltfs to order of 2/20/98 re proposed jury questionnaire [711-1] (kayp) 3/10/98 876 OBJECTIONS by pltfs to Judge Cavaneau's 2/25/98 order denying motion to compel [721-1] FILED UNDER SEAL (kayp) 3/10/98 877 AFFIDAVIT of Paul A. Bolin regarding objection to 2/25/98 order re outboard data [876-1] FILED UNDER SEAL (kayp) 3/10/98 878 MEMORANDUM by pltfs in opposition to deft's motion to strike paragraph 65 (the "transfer price" allegations) from the fourth amended complaint [660-1] FILED UNDER SEAL (kayp) 3/10/98 879 AFFIDAVIT of Brooks F. Poley regarding memorandum in opposition to deft's motion to strike [878-1] FILED UNDER SEAL (kayp) 3/10/98 880 CERTIFICATE OF SERVICE by pltfs of affidavit [879-1] and memorandum in opposition upon deft [878-1] (kayp) 3/10/98 881 ORDER by Judge James M. Moody extending ddl for filing several pleadings by pltfs by one day (cc: all counsel) EOD 3/10/98 (kayp) 3/11/98 882 MEMORANDUM by pltfs in opposition to deft's motion to strike paragraph 65 (the "transfer price" allegations) from the fourth amended complaint [660-1] FILED UNDER SEAL (kayp) 3/11/98 883 AFFIDAVIT of Brooks F. Poley regarding memorandum in opposition to deft's renewed motion to strike paragraph 65 (the "transfer price" allegations from the fourth amended complaint [882-1] FILED UNDER SEAL (kayp) 3/11/98 884 CERTIFICATE OF SERVICE by pltfs of memorandum in opposition and affidavit of Brooks F. Poley [882-1][883-1] (kayp) 3/11/98 885 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau regarding document #535. Present in chambers Tony Wilcox and Susan Childers for defendant. Present by telephone: for plaintiffs - Brooks Poley, for defendant - Diane Smith and Veronica Young. Court reporter: Carolyn Fant (dj) 3/11/98 886 ORDER by Magistrate Judge Jerry W. Cavaneau pltfs' request for access to deft's warranty card registration databases made in connection with their motion to compel resp to their 14th set of discovery requests is granted [535-1]; deft shall produce the databases w/in 10 days from the date of this order; said material shall be treated as highly confidential under the protective order (cc: all counsel) (bt) [Entry date 03/12/98] 3/12/98 887 RESPONSE by defendant Brunswick Corp to objections to order dated 2/20/98 [875-1]  (bt) [Entry date 03/13/98] Docket as of April 30, 1998 7:05 pm Page 121 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/12/98 888 MOTION by defendant Brunswick Corp to strike pltfs' designations of deposition testimony (bt) [Entry date 03/13/98] 3/12/98 889 BRIEF by defendant Brunswick Corp in support of motion to strike pltfs' designations of deposition testimony [888-1] (bt) [Entry date 03/13/98] 3/12/98 890 ORDER by Judge James M. Moody setting the agenda for the March 13, 1998 motions hearing at 10 a.m. (cc: all counsel) (bt) [Entry date 03/13/98] 3/12/98 891 ORDER by Judge James M. Moody the Court finds that the February 25, 1998 order is in no respect clearly erroneous or contrary to law & pltfs' objections are overruled (cc: all counsel) (bt) [Entry date 03/13/98] 3/12/98 892 MEMORANDUM of law by plaintiffs in opposition to motion for partial summary judgment on pltfs' claims for damages that they allegedly incurred before 12/7/91 [657-1] UNDER SEAL (bt) [Entry date 03/13/98] 3/12/98 893 AFFIDAVIT of Laura A. Pfeiffer in support of memorandum of law [892-1] (bt) [Entry date 03/13/98] 3/12/98 894 SUPPLEMENTAL AFFIDAVIT of Laura A. Pfeiffer in support of memorandum of law [892-1] [893-1] (bt) [Entry date 03/13/98] 3/13/98 895 NOTICE by Brunswick Corp of filing submission with respect to the handling of confidential information of the parties at trial (kayp) [Entry date 03/16/98] 3/16/98 896 ORDER by Judge James M. Moody modifying ruling made at 3/13/98 hearing re second depositions (cc: all counsel) EOD 3/16/98 (kayp) 3/16/98 897 OBJECTIONS by pltfs to deft's proposed jury instructions (FILED UNDER SEAL) (kayp) [Entry date 03/17/98] 3/16/98 898 OBJECTIONS by deft Brunswick Corp to pltfs' proposed jury instructions (kayp) [Entry date 03/17/98] 3/17/98 899 RESPONSE by pltfs to motion in limine to exclude all references to the allegations in paragraph 69(f) of the fourth amended complaint [834-1] FILED UNDER SEAL (kayp) 3/17/98 900 CERTIFICATE OF SERVICE by pltfs of response to motion in limine [899-1] FILED UNDER SEAL (kayp) 3/17/98 901 MEMORANDUM by pltfs in opposition to motion in limine to preclude pltfs from raising fraudulent concealment at trial [836-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 122 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/17/98 902 CERTIFICATE OF SERVICE by pltfs of memorandum in opposition to deft's motion in limine [901-1] FILED UNDER SEAL (kayp) 3/17/98 903 MEMORANDUM by pltfs in opposition to motion to strike pltfs' designations of deposition testimony [888-1] (kayp) 3/17/98 904 AFFIDAVIT of Brooks F. Poley regarding memorandum in opposition to deft's motion to strike deposition designations [903-1] (kayp) 3/17/98 905 MEMORANDUM by pltfs in opposition to motion in limine to exclude all references to Brunswick's internal "transfer pricing" [828-1] FILED UNDER SEAL (kayp) 3/17/98 906 MEMORANDUM by pltfs in opposition to motion in limine to exclude all evidence of the parties' conduct during discovery [832-1] FILED UNDER SEAL (kayp) 3/17/98 907 AFFIDAVIT of Brooks F. Poley regarding memorandum in opposition to deft's motion in limine [906-1] FILED UNDER SEAL (kayp) 3/17/98 908 RESPONSE by pltfs to motion in limine to exclude evidence or argument that Brunswick caused Yamaha to exit the stern drive engine manufacturing business [852-1] FILED UNDER SEAL (kayp) 3/17/98 909 AFFIDAVIT of Paul A. Bolin regarding response to motion in limine [908-1] FILED UNDER SEAL (kayp) 3/17/98 910 CERTIFICATE OF SERVICE by pltfs re affidavit [909-1] and motion response [908-1] FILED UNDER SEAL (kayp) 3/17/98 911 RESPONSE by pltfs to motion in limine to exclude from the jury phase of the trial all evidence that relates only to pltfs' claims concerning boats and outboard engines [824-1] FILED UNDER SEAL (kayp) 3/17/98 912 AFFIDAVIT of Steven E. Uhr regarding response to motion in limine [911-1] FILED UNDER SEAL (kayp) 3/17/98 913 CERTIFICATE OF SERVICE by pltfs of response to motion in limine and affidavit [912-1] [911-1] FILED UNDER SEAL (kayp) 3/17/98 914 MEMORANDUM by pltfs in opposition to motion in limine to exclude evidence that Brunswick pressured or coerced marine dealers to drop or refrain from selling non-pltf boat lines [842-1] FILED UNDER SEAL (kayp) 3/17/98 915 AFFIDAVIT of Laura A. Pfeiffer regarding memorandum in opposition to motion in limine [914-1] FILED UNDER SEAL (kayp) Docket as of April 30, 1998 7:05 pm Page 123 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/17/98 916 CERTIFICATE OF SERVICE by pltfs of memorandum in opposition to motion in limine and affidavit [914-1] [915-1] FILED UNDER SEAL (kayp) 3/17/98 917 CONSOLIDATED memorandum by pltfs in opposition to motion in limine re pltfs' confidential information [850-1], motion in limine exclude evidence that former Brunswick employee disclosed confidential independent boat builder info [840-1] and motion in limine to exclude all evidence concerning The Mercury Marine MAP System [838-1] FILED UNDER SEAL (kayp) 3/17/98 918 MEMORANDUM by pltfs in opposition to motion in limine to exclude evidence and testimony concerning opinions and recommendations expressed by McKinsey & Co [855-1] FILED UNDER SEAL (kayp) 3/17/98 919 AFFIDAVIT of Margaret L. Arman regarding memorandum in opposition to motion in limine (McKinsey & Co docs) [918-1] FILED UNDER SEAL (kayp) 3/17/98 920 AFFIDAVIT of Christopher W. Madel regarding memorandum in opposition to motion in limine (McKinsey & Co docs) [918-1] FILED UNDER SEAL (kayp) 3/17/98 921 MEMORANDUM by pltfs in opposition to motion in limine to limit the testimony of Robert E. Hall, pltfs' economics expert [859-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] 3/17/98 922 AFFIDAVIT of Constance K. White regarding pltfs' memorandum in opposition to deft's motion in limine [921-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] 3/17/98 923 AFFIDAVIT of K. Craig Wildfang regarding memorandum in opposition to motion in limine [921-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] 3/17/98 924 RESPONSE by pltfs to motion in limine re pltfs' opinion testimony; pltfs' testimony based on hearsay; and other testimony about which pltfs lack personal knowledge [826-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] 3/17/98 925 MEMORANDUM in response by pltfs to motion in limine to exclude evidence of so-called price discrimination [844-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] 3/17/98 926 RESPONSE by Brunswick Corp to pltfs' motion in limine (dissemination of confidential business information) [756-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] 3/17/98 927 RESPONSE by Brunswick Corp to pltfs' motion in limine (inboard engines) [747-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] Docket as of April 30, 1998 7:05 pm Page 124 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/17/98 928 BRIEF by Brunswick Corp in support of response to pltfs' motion in limine [927-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] 3/17/98 929 MEMORANDUM by Brunswick Corp in opposition to pltfs' motion in limine no. 1 [750-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] 3/17/98 930 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 3 (evidence related to Brunswick's counterclaim) [785-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] 3/17/98 931 TRANSCRIPT (1 volume) of hearing on motions before Judge James Moody on 3/13/98 (kayp) [Entry date 03/18/98] 3/17/98 932 RESPONSE by Brunswick Corp to pltfs' motion in limine (treble damages and attorneys' fees) [745-1] (kayp) [Entry date 03/18/98] 3/17/98 933 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 13 (expert reliance on data received after date of last written report or offering opinions) [805-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] 3/17/98 934 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 10 (use of pre-1990 info not produced to pltfs) [799-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98] 3/17/98 935 RESPONSE by Brunswick Corp to motion in limine no. 6 (collateral attack on specific instances of conduct) [791-1] (kayp) [Entry date 03/18/98] 3/17/98 936 BRIEF by Brunswick Corp in support of response to motion in limine no. 6 [935-1] (kayp) [Entry date 03/18/98] 3/17/98 937 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 7 (deft's Section 1 Agreement) [793-1] (kayp) [Entry date 03/18/98] 3/17/98 938 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 8 (Anthony Romersa) [795-1] (kayp) [Entry date 03/18/98] 3/17/98 939 RESPONSE by Brunswick Corp to motion in limine no. 9 (post-lawsuit evidence) [797-1] (kayp) [Entry date 03/18/98] 3/17/98 940 BRIEF by Brunswick Corp in support of response to motion in limine no. 9 [939-1] (kayp) [Entry date 03/18/98] 3/17/98 941 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 5 (certainty of damages) [789-1] (kayp) [Entry date 03/18/98] Docket as of April 30, 1998 7:05 pm Page 125 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/17/98 942 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 17 [813-1] (kayp) [Entry date 03/18/98] 3/17/98 943 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 18 (valid business reasons) [815-1] (kayp) [Entry date 03/18/98] 3/17/98 944 RESPONSE by Brunswick Corp to motion in limine no. 19 (use of info requested by pltfs but not produced) [817-1] (kayp) [Entry date 03/18/98] 3/17/98 945 RESPONSE by Brunswick Corp to motion in limine no. 20 (duplicative testimony) [819-1] (kayp) [Entry date 03/18/98] 3/17/98 946 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 21 (not "substantial" monopoly power) [821-1] (kayp) [Entry date 03/18/98] 3/17/98 947 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 16 (responsibilities of market power) [811-1] (kayp) [Entry date 03/18/98] 3/17/98 948 RESPONSE by Brunswick Corp to motion in limine no. 15 (pltfs' knowledge of damages) [809-1] (kayp) [Entry date 03/18/98] 3/17/98 949 BRIEF by Brunswick Corp in support of response to motion in limine no. 15 [948-1] (kayp) [Entry date 03/18/98] 3/17/98 950 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 14 (inconsistent position on the product market) [807-1] (kayp) [Entry date 03/18/98] 3/17/98 951 RESPONSE by Brunswick Corp to motion in limine no. 12 (exclude late named witnesses) [803-1] (kayp) [Entry date 03/18/98] 3/17/98 952 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 11 (disaggregation of damages not not required) [801-1] (kayp) [Entry date 03/18/98] 3/17/98 953 CLERK'S MINUTES: Telepsafe: Process 5889 killed hone conference held with Magistrate Judge Jerry W. Cavaneau regarding plaintiffs' search of defendant's MAP system. Chris Madel - Plaintiffs and Dan Delaney and Erik Opsahl for defendant. Court reporter - Carolyn Fant (dj) [Entry date 03/18/98] 3/17/98 954 CLERK'S MINUTES: TELEPHONE hearing on motion to strike and issue of Poole deposition before Judge James M. Moody. Ctrptr. Fant. (sp) [Entry date 03/18/98] Docket as of April 30, 1998 7:05 pm Page 126 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/17/98 955 RESPONSE by pltfs to motion in limine to preclude pltfs from confronting witnesses with documents that those witnesses did not see in the ordinary course of business [846-1] (kayp) [Entry date 03/18/98] 3/17/98 956 RESPONSE by pltfs to motion in limine to preclude pltfs from asking a witness questions designed to result in the invocation of the attorney-client privilege or the work product doctrine [848-1] (kayp) [Entry date 03/18/98] 3/18/98 957 ORDER by Judge James M. Moody denying motion for summary judgment on Count I of deft's Fifth Amended Counterclaim [693-1] (cc: all counsel) EOD 3/18/98 FILED UNDER SEAL (kayp) 3/18/98 959 NOTICE by Brunswick Corp of filing deposition cross-designations (kayp) [Entry date 03/19/98] 3/18/98 960 RESPONSE by pltfs to motion in limine to exclude evidence or argument relating to other antitrust litigation [830-1] FILED UNDER SEAL (kayp) [Entry date 03/19/98] 3/19/98 958 ORDER by Judge James M. Moody setting oral argument from 9:30 a.m. to 12:00 p.m. on two remaining dispositive motions and from 1:00 p.m. to 5:00 p.m. on motions in limine (cc: all counsel) (kayp) 3/19/98 961 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 2 (business acumen) [783-1] (kayp) 3/19/98 962 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 4 (exclude passing on, pltfs' profitability and antitrust injury) [787-1] (kayp) 3/19/98 963 NOTICE by plfs of filing Cross-Designations to deft's initial deposition designations (kayp) [Entry date 03/20/98] 3/20/98 964 OBJECTIONS by pltfs to the deposition designations of defts (kayp) 3/20/98 965 CERTIFICATE OF SERVICE by pltfs of objections to deft's initial deposition designations [964-1] (kayp) 3/20/98 966 ORDER by Judge James M. Moody pursuant to 3/17/98 teleconference denying motion to strike pltfs' designations of deposition testimony [888-1], and pursuant to the motions hearing of 2/13/98 granting motion to supplement record relating to its for summary judgment on pltfs' claims for attempted monopolization of the outboard and stern drive boat markets to include reference to pltfs' expert [662-1] (cc: all counsel) EOD 3/20/98 (kayp) 3/20/98 967 ORDER by Judge James M. Moody directing deft to respond to interrogs numbered 110, 175, 199 and 201 (contention interrogs) by 3/30/98 (cc: all counsel) EOD 3/20/98 (kayp) Docket as of April 30, 1998 7:05 pm Page 127 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/20/98 968 ORDER by Judge James M. Moody setting agenda for the 3/26/98 motions hearing (cc: all counsel) EOD 3/20/98 (kayp) 3/20/98 969 ORDER by Judge James M. Moody denying deft's motions for summary judgment on pltfs' claims of attempted monopolization of outboard and stern drive boat markets [663-1], judgment on pltfs' claim of attempted monopolization of the outboard engine market [669-1], and for partial summary judgment on pltfs' claim of unreasonable restraint of trade with respect to the outboard engine market and the outboard and stern drive markets [666-1] (cc: all counsel) EOD 3/20/98 (kayp) 3/20/98 970 RESPONSE by Brunswick Corp pltfs' objections to Judge Cavaneau's February order re pltfs' outboard engine purchases [876-1] FILED UNDER SEAL  (kayp) [Entry date 03/23/98] 3/20/98 973 OBJECTIONS by Brunswick Corp to pltfs' designation of deposition testimony (kayp) [Entry date 03/23/98] 3/23/98 971 CLERK'S MINUTES: Telephone conference held with Judge Cavaneau regarding engine-boat cost ratio. Susan Childers for defendant present in chambers and Brooks Poley (pltf) and Tony Wilcox (deft) present by telephone. ERO - Donna Jackson (dj) 3/23/98 972 RESPONSE by Brunswick Corp to pltfs' motions in limine (dissemination of confidential business information) FILED UNDER SEAL (kayp) 3/23/98 974 NOTICE by pltfs of filing supplemental cross-designations (kayp) 3/23/98 974 OBJECTIONS by pltfs to deft's designations [959-1] (kayp) 3/23/98 975 AMENDED CERTIFICATE OF SERVICE by pltfs of consolidated memorandum of law in opposition to deft's motions [918-1] (kayp) 3/23/98 976 AMENDED CERTIFICATE OF SERVICE by pltfs of memorandum of law in opposition to motion in limine and affidavits in support thereof [918-1] [920-1] [919-1] (kayp) 3/23/98 977 AMENDED OBJECTIONS and cross-designations in response to pltfs' corrected designations and pltfs' desigations and objections for witnesses not on witness lists [974-1] (kayp) [Entry date 03/24/98] 3/25/98 978 NOTICE by Brunswick Corp of filing deposition designations (kayp) [Entry date 03/26/98] 3/25/98 981 NOTICE by pltfs of filing revised deposition designations Docket as of April 30, 1998 7:05 pm Page 128 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC (kayp) [Entry date 03/27/98] [Edit date 03/27/98] 3/25/98 982 SUPPLEMENTAL designations by Brunswick Corp in response to pltf's cross-designations [963-1]  (kayp) [Entry date 03/27/98] 3/25/98 983 NOTICE by pltfs of filing supplemental deposition designations (kayp) [Entry date 03/27/98] 3/26/98 979 ORDER by Judge James M. Moody overruling pltf's objection to Judge Cavaneau's 2/25/98 order re pltfs' motion to compel; pltfs' request for leave to submit a supplemental expert report from Dr. Hall is denied [876-1] (cc: all counsel) (kayp) [Entry date 03/27/98] 3/26/98 980 ORDER by Judge James M. Moody denying motion for partial summary judgment on pltfs' claims for damages that they allegedly incurred before 12/7/91 [657-1] (cc: all counsel) (kayp) [Entry date 03/27/98] 3/26/98 984 CLERK'S MINUTES: MOTION hearing before Judge James M. Moody. Order to follow regarding ruling on motions. Ctrptr. Fant (sp) [Entry date 03/27/98] 3/27/98 985 OBJECTIONS by pltf to cross deposition designations of Brunswick Corp [959-1] (kayp) 3/30/98 986 ORDER by Judge James M. Moody setting agenda for the 4/1/98 motions hearing (cc: all counsel) (kayp) [Entry date 03/31/98] 3/30/98 987 OBJECTIONS by pltfs to cross deposition designations of Brunswick Corp [959-1] (kayp) [Entry date 03/31/98] 3/30/98 988 MOTION by pltfs for reconsideration of court's order denying pltfs' motion for summary judgment on Count I of Brunswick's counterclaim FILED UNDER SEAL (kayp) [Entry date 03/31/98] 3/30/98 989 MEMORANDUM by pltfs in support of motion for reconsideration of court's order denying pltfs' motion for summary judgment on Count I of Brunswick's counterclaim [988-1] FILED UNDER SEAL (kayp) [Entry date 03/31/98] 3/30/98 990 AFFIDAVIT of K. Craig Wildfang re memorandum in support of motion for reconsideration [989-1] FILED UNDER SEAL (kayp) [Entry date 03/31/98] 3/30/98 991 OBJECTIONS by Brunswick Corp to pltfs' cross-designations and to pltfs' supplemental designations [963-1] [983-1] (kayp) [Entry date 03/31/98] Docket as of April 30, 1998 7:05 pm Page 129 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 3/31/98 992 ORDER by Judge James M. Moody granting motion in limine to exclude evidence or argument that Brunswick caused to exit the stern drive engine manufacturing business [852-1] (cc: all counsel) EOD 3/31/98 (kayp) 3/31/98 993 MOTION by Brunswick Corp for reconsideration of order denying Brunswick's motion for partial summary judgment on pltfs' claims for damages incurred before 12/7/91 FILED UNDER SEAL (kayp) [Entry date 04/01/98] 3/31/98 994 MEMORANDUM by Brunswick Corp in support of motion for reconsideration of order denying Brunswick's motion for partial summary judgment on pltfs' claims for damages incurred before 12/7/91 [993-1] FILED UNDER SEAL (kayp) [Entry date 04/01/98] 4/1/98 995 MOTION by plaintiff for Rule 104(a) hearing re testimony of Dr. Charles Venus (kayp) 4/1/98 996 BRIEF by pltfs in support of motion for Rule 104(a) hearing re testimony of Dr. Charles Venus [995-1] (kayp) 4/1/98 997 CLERK'S MINUTES: HEARING on motions before Judge James M. Moody. Ctrptr. Fant (sp) [Entry date 04/02/98] 4/2/98 998 ORDER by Judge James M. Moody granting deft until the close of business on 4/6/98 to respond to pltfs' motion in limine no. 2 (business acumen) [783-1] and motion in limine no. 2 (business acumen) and motion in limine no. 4 (exclude passing on, pltfs' profitability and antitrust injury) [787-1]; pltfs shall have until close of business on 4/8/98 to file any desired response (cc: counsel) (kayp) [Entry date 04/03/98] 4/3/98 999 CLERK'S MINUTES: HEARING on motions before Judge James M. Moody. Ctrptr. Fant (sp) 4/3/98 1000 MEMORANDUM by Brunswick Corp in opposition to motion for reconsideration of court's order denying pltfs' motion for summary judgment on Count I of Brunswick's counterclaim [988-1] (kayp) [Entry date 04/06/98] 4/3/98 1001 RESPONSE by Brunswick Corp to motion for Rule 104(a) hearing re testimony of Dr. Charles Venus [995-1] (kayp) [Entry date 04/06/98] 4/3/98 1002 BRIEF by Brunswick Corp in support of response to pltfs' request for a rule 104(a) hearing [1001-1] (kayp) [Entry date 04/06/98] 4/6/98 1003 RESPONSE by pltfs to motion for reconsideration of order denying Brunswick's motion for partial summary judgment on pltfs' claims for damages incurred before 12/7/91 [993-1] FILED UNDER SEAL (kayp) [Entry date 04/07/98] Docket as of April 30, 1998 7:05 pm Page 130 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/6/98 1004 AFFIDAVIT of Laura A. Pfeiffer re response to motion for reconsideration [1003-1] FILED UNDER SEAL (kayp) [Entry date 04/07/98] 4/6/98 1005 NOTICE by Brunswick Corp of filing deposition designations (kayp) [Entry date 04/07/98] 4/6/98 1006 MOTION by Brunswick Corp to quash pltfs' trial subpoenas (kayp) [Entry date 04/07/98] 4/6/98 1007 BRIEF by Brunswick Corp in support of motion to quash pltfs' trial subpoenas [1006-1] (kayp) [Entry date 04/07/98] 4/7/98 1008 RESPONSE by Brunswick Corp to court's 4/2/98 order re pltfs' motions in limine 2 and 4 [998-1] FILED UNDER SEAL  (kayp) 4/7/98 1009 ORDER by Judge James M. Moody granting motion to strike paragraph 65 (the "transfer price" allegations) from the fourth amended complaint [660-1] and granting motion in limine to exclude all references to Brunswick's internal "transfer pricing" to the extent necessary to conform to the ruling on docket no. 660 [828-1] (cc: all counsel) EOD 4/7/98 (kayp) 4/7/98 -- CLERK'S MINUTES: TELEPHONE hearing before Judge James M. Moody. Ctrptr. Fant. No minutes taken by CRD (sp) 4/7/98 1010 CERTIFICATE OF SERVICE by pltfs of trial brief upon counsel for deft [34-1] (kayp) [Edit date 04/08/98] 4/7/98 1011 ORDER by Judge James M. Moody granting motion in limine to exclude all evidence of the parties' conduct during discovery [832-1] (cc: all counsel) EOD 4/7/98 (kayp) [Edit date 04/08/98] 4/8/98 1012 ORDER by Judge James M. Moody granting deft's motion for partial summary judgment as to pltfs' seventh, eighth and ninth claims for relief [653-1] and finding defts' other motions for partial summary judgment moot [593-1] [596-1] [599-1] [602-1] [605-1] [608-1] [611-1] [678-1] [675-1] [672-1] [632-1] [629-1] [626-1] [623-1] [620-1] [617-1] [614-1] [650-1] [647-1] [644-1] [641-1] [638-1] [635-1] (cc: all counsel) EOD 4/8/98 (kayp) Docket as of April 30, 1998 7:05 pm Page 131 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/8/98 1013 ORDER by Judge James M. Moody finding the motion in limine no. 5 (certainty of damages) moot [789-1]; granting motion in limine to exclude evidence that Brunswick pressured or coerced marine dealers to drop or refrain from selling non-pltf boat lines [842-1]; denying motion in limine no. 8 (Anthony Romersa) [795-1]; granting motion in limine to preclude pltfs from asking a witness questions designed to result in the invocation of the attorney-client privilege or the work product doctrine [848-1]; granting motion in to exclude all references to the allegations in paragraph 69(f) of the fourth amended complaint [834-1]; denying motion in limine re pltfs' opinion testimony; pltfs' testimony based on hearsay; and other testimony about which pltfs lack personal knowledge [826-1]; denying motion in limine 14 (inconsistent position on the product market) [807-1]; and denying motion in limine no. 12 (exclude late named witnesses) [803-1] (cc: all counsel) EOD 4/8/98 (kayp) 4/8/98 1014 RESPONSE by pltfs to deft's response to court's 4/2/98 order re pltfs' motions in limine 2 & 4 [1008-1] FILED UNDER SEAL  (kayp) 4/8/98 1015 MEMORANDUM of law by pltfs in response to deft's motion to quash pltfs' trial subpoenas [1006-1]  (kayp) [Entry date 04/09/98] 4/9/98 1016 ORDER by Judge James M. Moody regarding pltfs' request for a clarification of the court's 4/6/98 order regarding transfer prices (cc: all counsel) (kayp) [Entry date 04/10/98] 4/9/98 -- CLERK'S MINUTES: HEARING on motions before Judge James M. Moody. 2ND Day necessary to finish. Ctrptr. Hinson and Power. (sp) [Entry date 04/10/98] 4/10/98 1017 CLERK'S MINUTES: HEARING concluded before Judge James M. Moody. Ctrptr. Hinson and Fant. (sp) 4/10/98 1018 NOTICE by pltfs of filing cross-designations to revised designations (FILED UNDER SEAL) (kayp) 4/13/98 1019 OBJECTIONS by pltfs to court's preliminary jury instructions (kayp) 4/13/98 1020 ORDER by Judge James M. Moody following the April 9, 1998 hearing on re testimony of Dr. Charles Venus [995-1] (cc: all counsel) EOD 4/13/98 (kayp) Docket as of April 30, 1998 7:05 pm Page 132 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/13/98 1021 ORDER by Judge James M. Moody granting motion in limine to exclude all evidence concerning The Mercury Marine MAP System [838-1], granting motion in limine to exclude evidence that former Brunswick employee disclosed confidential independent boat builder info [840-1], granting motion in limine re pltfs' confidential information [850-1] denying motion in limine (dissemination of confidential business information) [756-1] and denying motion in limine to exclude evidence of so-called price discrimination [844-1] (cc: all counsel) EOD 4/13/98 (kayp) 4/13/98 -- CLERK'S MINUTES: JURY TRIAL begins before Judge James M. Moody. DAY 1. Ctrptr. Fant (sp) 4/13/98 1022 OBJECTIONS by pltfs to deft's supplement deposition designations (kayp) [Entry date 04/14/98] 4/13/98 1023 ORDER by Judge James M. Moody denying motion for partial summary judgment ruling that pltfs have properly defined relevant marine engine markets in this case [689-1]; denying motion in limine to exclude evidence and testimony concerning opinions and recommendations expressed by McKinsey & Co [855-1]; denying motion in limine no. 1 granting motion in limine to exclude evidence or argument relating to other antitrust litigation [830-1]; denying motion in limine (inboard engines) [747-1]; denying in part and granting in part motion limine to limit the testimony of Robert E. Hall, pltfs' economics expert [859-1]; granting in part motion in limine to exclude from the jury phase of the trial all evidence that relates only to pltfs' claims concerning boats and outboard engines [824-1]; granting in part motion in limine no. 10 (use of pre-1990 info not produced to pltfs) [799-1]; granting motion in limine no. 19 (use of info requested by pltfs but not produced) [817-1]; granting in part motion in limine no. 13 (expert reliance on data received after date of last report or offering opinions) [805-1]; granting motion in limine no. 15 (pltfs' knowledge of damages) [809-1]; motion in limine no. 20 (duplicative testimony) [819-1]; denying motion in limine to preclude pltfs from confronting witnesses with documents that those witnesses did not see in the ordinary course of business [846-1]; conditionally granting motion in limine no. 6 (collateral attack on specific instances of conduct) [791-1]; and denying motion in limine no. 9 as moot (post-lawsuit evidence) [797-1] (cc: all counsel) (kayp) [Entry date 04/14/98] 4/13/98 1024 ORDER by Judge James M. Moody granting in part and denying in part motion in limine no. 2 (business acumen) [783-1] and granting in part and denying in part motion in limine no. 4 (exclude passing on, pltfs' profitability and antitrust injury) [787-1] (cc: all counsel) (kayp) [Entry date 04/14/98] Docket as of April 30, 1998 7:05 pm Page 133 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/13/98 1025 ORDER by Judge James M. Moody ruling on remaining claims in doc. nos. 669 and 666; finding that deft is entitled to summary judgment on pltfs' claims for damages in the outboard engine market and dismissing pltfs' claims for damages in the outboard engine market (cc: all counsel) (kayp) [Entry date 04/14/98] 4/14/98 1026 NOTICE by pltfs of filing memorandum of law regarding admission of relevant evidence (kayp) 4/14/98 -- CLERK'S MINUTES: JURY trial continues. DAY 2. Ctrptr. Fant, Merkel, Power. (sp) [Entry date 04/16/98] 4/15/98 1027 MEMORANDUM by plaintiffs regarding the relevance of evidence relating to the rationale for the alleged black-out (UNDER SEAL) (bt) 4/15/98 1028 COURT REPORTER'S TRANSCRIPT of Daubert hearing before Judge James M. Moody on 4/9/98 (1 volume) UNDER SEAL (bt) [Edit date 04/16/98] 4/15/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 3. Ctrptr. Fant, Newbury, & Power (sp) [Entry date 04/16/98] 4/15/98 1029 ORDER by Judge James M. Moody ruling on the objections to the deposition designations for Richard Jordan, Thomas Weight and Ned Campana; the court has marked in the "court comments" sections on the designations either "o" for overruled or "s" for sustained (cc: all counsel) (kayp) [Entry date 04/17/98] 4/16/98 -- CLERK'S MINUTES: JURY trial continues. DAY 4. Ctrptr. Fant, Newburg & Power (sp) 4/16/98 1030 BRIEF filed by pltfs n support of presenting certain deposition testimony in separate installments by subject matter (kayp) [Entry date 04/17/98] 4/17/98 1031 MOTION in limine no. 24 by pltfs (FILED UNDER SEAL) (kayp) [Entry date 04/20/98] 4/17/98 1032 MEMORANDUM by pltfs in support of motion in limine no. 24 [1031-1] FILED UNDER SEAL (kayp) [Entry date 04/20/98] 4/17/98 -- CLERK'S MINUTES: HEARING on motions continues before Judge James. M. Moody. Ctrptr. Newburg (sp) [Entry date 04/20/98] 4/17/98 1035 BRIEF by Brunswick Corp in response to pltfs' brief in support of presenting certain deposition testimony in separate installments by subject matter [1030-1]  (kayp) [Entry date 04/20/98] 4/20/98 1033 RESPONSE by pltfs to deft's response to pltfs' proposed jury instruction 15A (FILED UNDER SEAL)  (kayp) Docket as of April 30, 1998 7:05 pm Page 134 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/20/98 1034 CERTIFICATE OF SERVICE by pltfs of response to deft's response to pltfs' proposed jury instruction 15A (kayp) 4/20/98 -- CLERK'S MINUTES: HEARING out of the presence of the jury to resolve motions held before Judge James M. Moody. Ctrptr Fant and Hinson (sp) 4/20/98 1036 MEMORANDUM by pltfs re jury questioning of witnesses (FILED UNDER SEAL) (kayp) [Entry date 04/21/98] 4/20/98 1037 CERTIFICATE OF SERVICE by pltfs of memorandum re jury's questioning of witnesses [1036-1] (kayp) [Entry date 04/21/98] 4/20/98 1038 RESPONSE by pltfs to deft's response to pltfs' proposed jury instruction 15A [1033-1] (FILED UNDER SEAL)  (kayp) [Entry date 04/21/98] 4/20/98 1039 MOTION by pltfs in limine no. 25 (FILED UNDER SEAL) (kayp) [Entry date 04/21/98] [Edit date 04/21/98] 4/20/98 1040 MEMORANDUM by pltfs in support of motion in limine no. 25 re the relevance of the price cap protections contained in contracts between the parties [1039-1] (FILED UNDER SEAL) (kayp) [Entry date 04/21/98] [Edit date 04/22/98] 4/20/98 1041 CERTIFICATE OF SERVICE by pltfs of motion in limine no. 25 and memorandum in support [1040-1] [1039-1] (kayp) [Entry date 04/21/98] 4/20/98 1042 MEMORANDUM by Brunswick Corp in opposition to motion in limine no. 24 to reconsider the court's rulings with respect to conduct in the outboard engine market [1031-1] (kayp) [Entry date 04/21/98] 4/20/98 1043 OBJECTIONS by Brunswick Corp to the introduction of evidence re Dr. Hall's nomination for the Nobel Prize for Economics and comparisons of the allegations to those in the Microsoft litigation (kayp) [Entry date 04/21/98] 4/20/98 1044 NOTICE by plaintiff of filing trial designations (kayp) [Entry date 04/21/98] 4/20/98 1045 ORDER by Judge James M. Moody overruling deft's objections to pltfs' exhibits 47, 56, 70 and 337; overruling deft's objections to trial exhibits 64, 91 and 916; and sustained deft's objections to exhibits 118 and 338 (cc: all counsel) (kayp) [Entry date 04/21/98] 4/20/98 1046 ORDER by Judge James M. Moody granting permission to pltfs to present certain deposition testimony in separate installments by subject matter subject to pre-notification requirements (cc: all counsel) (kayp) [Entry date 04/21/98] Docket as of April 30, 1998 7:05 pm Page 135 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/20/98 1047 ORDER by Judge James M. Moody denying motion for reconsideration of court's order denying pltfs' motion for summary judgment on Count I of Brunswick's counterclaim [988-1]; denying motion in limine no. 3 (evidence related to Brunswick's counterclaim) [785-1]; granting motion for reconsideration of order denying Brunswick's motion for partial summary judgment on pltfs' claims for damages incurred before 12/7/91 [993-1]; denying motion in limine to preclude pltfs from raising fraudulent concealment at trial [836-1]; finding the motion in limine (treble damages and attorneys' fees) moot [745-1]; and denying motion to quash pltfs' trial subpoenas [1006-1] (cc: all counsel) (kayp) [Entry date 04/21/98] 4/20/98 1048 MEMORANDUM OF LAW by pltfs regarding th use of otherwise inadmissible documents upon which an expert properly relied (kayp) [Entry date 04/22/98] 4/20/98 1049 OBJECTIONS by Brunswick Corp to pltfs' trial exhibits identified in the depositions of Richard Ashley, Ranjan Lal, and John Russell (kayp) [Entry date 04/22/98] 4/20/98 1050 NOTICE by Brunswick Corp of filing deposition designations (kayp) [Entry date 04/22/98] 4/20/98 1051 OBJECTIONS by Brunswick Corp to pltfs' trial exhibits (kayp) [Entry date 04/22/98] 4/21/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 5. Motion hearing held after jury dismissed for day. Ctrptr. Fant, Hinson, Power & Newburg (sp) [Entry date 04/22/98] 4/21/98 1052 ORDER by Judge James M. Moody ruling on the admissibility of certain of pltfs' exhibits (cc: all counsel) (kayp) [Entry date 04/22/98] 4/21/98 1053 MOTION of non-party Volvo Penta of the Americas to preserve confidentiality of documents (kayp) [Entry date 04/22/98] 4/21/98 1054 RESPONSE by Brunswick Corp to motion in limine no. 25 [1039-1] (kayp) [Entry date 04/22/98] 4/22/98 1055 ORDER by Judge James M. Moody granting Volvo Penta's motion to preserve confidentiality of documents [1053-1] (cc: all counsel) EOD 4/22/98 (kayp) 4/22/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 6. Ctrptr. Fant, Hinson, Power & Newburg (sp) [Entry date 04/23/98] 4/22/98 1056 NOTICE by pltfs of filing trial designations of Richard Ashley (kayp) [Entry date 04/23/98] Docket as of April 30, 1998 7:05 pm Page 136 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/22/98 1057 NOTICE by pltfs of filing trial designations of John Russell (kayp) [Entry date 04/23/98] 4/22/98 1058 ORDER by Judge James M. Moody directing pltfs to submit any supplemental materials re motion in limine no. 24 by 5:00 p.m. on 4/24/98; deft shall submit any response by 12:00 p.m. on 4/26/98; the court will entertain additional oral argument at the end of trial day on 4/27/98 (cc: all counsel) (kayp) [Entry date 04/23/98] 4/23/98 1059 ORDER by Judge James M. Moody ruling on the objections to the deposition designations for Richard Ashley (cc: all counsel) EOD 4/23/98 (kayp) 4/23/98 1060 ORDER by Judge James M. Moody re pltfs' motion in limine no. 25 regarding the relevance of the price cap protections contained in the contracts between the parties (cc: all counsel) EOD 4/23/98 (kayp) 4/23/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 7. Ctrptr. Fant, Power, Newburg & Hinson (sp) [Entry date 04/24/98] 4/24/98 1061 SUPPLEMENTAL MEMORANDUM by pltfs in support of motion in limine no. 24 [1031-1] FILED UNDER SEAL (kayp) 4/24/98 1062 CERTIFICATE OF SERVICE by pltfs of memorandum in support of motion in limine no. 24 [1061-1] (kayp) 4/24/98 1063 MOTION by plaintiff in limine to exclude the testimony of Stephen B. Humphries FILED UNDER SEAL (kayp) 4/24/98 1064 MEMORANDUM by pltfs in support of motion in limine to exclude the testimony of Stephen B. Humphries [1063-1] FILED UNDER SEAL (kayp) 4/27/98 1065 NOTICE by plaintiffs of filing trial designations of Jack Reichert (jad) 4/27/98 1066 RESPONSE by defendant Brunswick Corp to plaintiffs memorandum in support of plaintiffs motion in limine #24 [1032-1]  (jad) 4/27/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 8. Ctrptrs. Fant, Hinson, Newburg & Power (sp) [Entry date 04/28/98] 4/27/98 1067 ORDER by Judge James M. Moody ruling on the objections to the deposition designations for John Russell (cc: all counsel) (kayp) [Entry date 04/28/98] 4/27/98 1068 ORDER by Judge James M. Moody ruling on the objections to the deposition designations for Alan Revington (cc: all counsel) (kayp) [Entry date 04/28/98] Docket as of April 30, 1998 7:05 pm Page 137 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/27/98 1069 ORDER by Judge James M. Moody ruling on the objections to the deposition designations for Dennis Holmes (cc: all counsel) (kayp) [Entry date 04/28/98] 4/27/98 1070 ORDER by Judge James M. Moody ruling on the objections to the deposition designations for Thomas Herbert, Mark Lusink, Glenn McMachen, Brian Olson, Leo Parks, Randolph Rohrer and Ray Yannone (cc: all counsel) (kayp) [Entry date 04/28/98] 4/27/98 1071 NOTICE by Brunswick Corp of filing deposition designations for William Decker, et al (kayp) [Entry date 04/28/98] 4/27/98 1072 RESPONSE by Brunswick Corp to pltfs' memorandum re the relevance of evidence relating to the rationale for their black-out  (kayp) [Entry date 04/28/98] 4/28/98 1073 ORDER by Judge James M. Moody pursuant to oral argument on 4/28/98 on deft's intention to introduce certain categories of evidence (cc: all counsel) EOD 4/28/98 (kayp) 4/28/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 9. Ctrptrs. Fant, Power & Newburg (sp) [Entry date 04/29/98] 4/29/98 1074 ORDER by Judge James M. Moody ruling on the objections to the deposition designations for John Charvat (cc: all counsel) EOD 4/29/98 (kayp) 4/29/98 1075 ORDER by Judge James M. Moody denying motion in limine no. 24 except for the limited use of outboard documents on the issue of product market definition [1031-1] (cc: all counsel) EOD 4/29/98 (kayp) 4/29/98 1076 ORDER by Judge James M. Moody ruling on the objections to the deposition designations for Edward Irons (cc: all counsel) EOD 4/29/98 (kayp) 4/29/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 10. Ctrpts. Fant, Hinson, Power (sp) [Entry date 04/30/98] 4/29/98 1077 RESPONSE by Brunswick Corp to pltfs' Exhibit IV  (kayp) [Entry date 04/30/98] 4/30/98 1078 ORDER by Judge James M. Moody ruling on the objections to the deposition designations for Clint Moore (cc: all counsel) EOD 4/30/98 (kayp) 4/30/98 1079 MOTION by Brunswick Corp to reconsider allowing further testimony of Dr. Robert E Hall and, in the alternative, for discovery and other relief (kayp) Docket as of April 30, 1998 7:05 pm Page 138 Proceedings include all events. JURY 4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC JWC 4/30/98 1080 MEMORANDUM by Brunswick Corp in support of motion to reconsider allowing further testimony of Dr. Robert E Hall [1079-1] and in the alternative for discovery and other relief [1079-2] (kayp) 4/30/98 -- CLERK'S MINUTES: JURY TRIAL CONTINUES. DAY 11. Ctrptrs. Fant, Hinson & Newburg (sp) [END OF DOCKET: 4:95cv781] X---------------------------------------------------------------------------X Press any key to continue. Select another Client Code? (Y/N)