To: scion who wrote (10898 ) 8/7/2007 4:35:13 PM From: scion Respond to of 12518 CIVIL DOCKET FOR CASE #: 5:06-cv-00223-JMH; International Plastics Corporation v. Michael et al U.S. District Court Eastern District of Kentucky (Lexington) CIVIL DOCKET FOR CASE #: 5:06-cv-00223-JMH International Plastics Corporation v. Michael et al Assigned to: Joseph M. Hood Cause: 28:1332 Diversity-Breach of Contract Date Filed: 07/11/2006 Jury Demand: Plaintiff Nature of Suit: 190 Contract: Other Jurisdiction: DiversityPlaintiff International Plastics Corporation a division of Wickland Holding Company, a Delaware Corporation nka Plasticon International, Inc. represented by Helena E. Racin Wyatt, Tarrant & Combs LLP - Lexington 250 W. Main Street Suite 1600 Lexington, KY 40507 859-233-2012 Email: hracin@wyattfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Henry E. Kinser Wyatt, Tarrant & Combs LLP - Lexington 250 W. Main Street Suite 1600 Lexington, KY 40507 859-233-2012 Fax: 859-259-0649 Email: hkinser@wyattfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant Rick Michael individually Defendant Mold-Rite Tool, Inc. a Michigan Corporation represented by Joseph L. Hardesty Stites & Harbison, PLLC - Louisville 400 W. Market Street Suite 1800 Louisville, KY 40202 502-587-3400 Fax: 502-587-6391 Email: jhardesty@stites.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Angela Richie Stephens Stites & Harbison, PLLC - Louisville 400 W. Market Street Suite 1800 Louisville, KY 40202 502-681-0388 Fax: 502-779-6027 Email: astephens@stites.com ATTORNEY TO BE NOTICED Defendant Plast-O-Foam, LLC a Michigan Limited Liability Company represented by Joseph L. Hardesty (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Angela Richie Stephens (See above for address) ATTORNEY TO BE NOTICED Defendant General Plastics Corporation a Michigan Corporation Date Filed # Docket Text 10/26/2006 14 MEMORANDUM OPINION & ORDER (1) dft's motion to dismiss, record 8 and [record 2 in Action No. 5:06-cv-53] are GRANTED; and (2) plf James Turek's and plf Plasticon International Inc.'s claims are DISMISSED WITHOUT PREJUDICE. Signed by Judge Joseph M. Hood. (JMW)cc: COR (Entered: 10/26/2006) 10/26/2006 13 JUDGMENT (1) this action is DISMISSED AND STRICKEN FROM THE ACTIVE DOCKET; (2) all pending motions are DENIED AS MOOT; (3) all scheduled proceedings are CONTINUED GENERALLY; and (4) this Order is FINAL AND APPEALABLE and THERE IS NO JUST CAUSE FOR DELAY. Signed by Judge Joseph M. Hood. (JMW)cc: COR, D, JC (Entered: 10/26/2006) 10/19/2006 Clerk's Note re Future Filings: Lexington Civil Action Nos. 06-223 and 06-53 are CONSOLIDATED, with all further filings to be in Lexington Civil Action No. 06-53. (JMW) (Entered: 10/19/2006) 09/26/2006 12 ORDER (1) this matter is REASSIGNED to Judge Joseph M. Hood for all further proceedings . Signed by Judge Karl S. Forester. (JMW)cc: COR, JMH (Entered: 09/26/2006) 08/24/2006 ***MOTION SUBMITTED TO CHAMBERS of Judge Forester for review: 8 MOTION to Dismiss for Lack of Jurisdiction by Mold-Rite Tool, Inc., Plast-O-Foam, LLC (JMW) (Entered: 08/24/2006) 08/23/2006 11 REPLY to Response to Motion re 8 MOTION to Dismiss for Lack of Jurisdiction by Mold-Rite Tool, Inc., Plast-O-Foam, LLC filed by Mold-Rite Tool, Inc., Plast-O-Foam, LLC. (Stephens, Angela) (Entered: 08/23/2006) 08/21/2006 10 Summons Returned Unexecuted by Secretary of State as to Rick Michael. (JMW) (Entered: 08/22/2006) 08/16/2006 NOTICE OF DEFICIENCY TO Henry Kinser re 9 Response in Opposition to Motion; Signature on document (Helena Racin) and filer (Henry Kinser) do not match; In the future, the name of the Filing User under whose login and password the document is submitted must be typed in the space where the signature would otherwise appear; No further action required by counsel regarding this pleading. cc: COR (JMW) (Entered: 08/16/2006) 08/15/2006 9 RESPONSE in Opposition re 8 MOTION to Dismiss for Lack of Jurisdiction by Mold-Rite Tool, Inc., Plast-O-Foam, LLC filed by International Plastics Corporation. (Attachments: # 1 Exhibit Exhibit 1 - Affidavit of James N. Turek# 2 Proposed Order)(Kinser, Henry) (Entered: 08/15/2006) 08/02/2006 8 MOTION to Dismiss for Lack of Jurisdiction by Mold-Rite Tool, Inc., Plast-O-Foam, LLC (Attachments: # 1 Memorandum in Support # 2 Proposed Order Granting Motion to Dismiss Plaintiff's Complaint# 3 Proposed Order Order Granting Motion to Dismiss Counts II and V# 4 Affidavit of Mark Blanchard# 5 Affidavit of Andy Watts# 6 Exhibit Stipulation of Dismissal of Michigan State Court Action)(Stephens, Angela) (Entered: 08/02/2006) 08/01/2006 7 Summons Returned Unexecuted as to General Plastics Corporation. (JMW) (Entered: 08/01/2006) 07/28/2006 6 SUMMONS Returned Executed via Secretary of State to Plast-O-Foam, LLC served on 7/28/2006, answer due 8/17/2006. (JMW) (Entered: 07/28/2006) 07/28/2006 5 SUMMONS Returned Executed via Secretary of State to Mold-Rite Tool, Inc. served on 7/28/2006, answer due 8/17/2006. (JMW) (Entered: 07/28/2006) 07/12/2006 4 FRCP 7.1 DISCLOSURE STATEMENT by International Plastics Corporation. (Racin, Helena) (Entered: 07/12/2006) 07/12/2006 3 INCORRECTLY FILED AS 3 FRCP 7.1 DISCLOSURE STATEMENT by International Plastics Corporation. (Racin, Helena) Please see docket entry 4 for the CORRECT ENTRY. Modified text on 7/13/2006 (Wells, Jessica). (Entered: 07/12/2006) 07/12/2006 2 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Henry Kinser. 1 Complaint has been filed without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within ten (10) days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (STB) (Entered: 07/12/2006) 07/11/2006 1 COMPLAINT 4 summons(es)issued with copy (Filing fee $350; receipt number 125812), filed by International Plastics Corporation. (Attachments: # 1 Civil Cover Sheet # 2 Summons # 3 Case Assignment, Receipt)(STB) (Entered: 07/12/2006)