7 July 1998 X---------------------------------------------------------------------------X PACER session date: Monday July 06, 1998 10:51:20 PM EDT Docket as of July 2, 1998 11:06 pm Page 1 Proceedings include all events. TERMED 1:96cv1723 Junger v. Christopher, et al Gallas CAT 03 TERMED Gallas CAT 03 U.S. District Court Northern District of Ohio (Cleveland) CIVIL DOCKET FOR CASE #: 96-CV-1723 Junger v. Christopher, et al Filed: 08/07/96 Assigned to: Judge James S. Gwin Demand: $0,000 Nature of Suit: 440 Lead Docket: None Jurisdiction: US Defendant Dkt# in other court: None Cause: 28:2201 Constitutionality of State Statute(s) PETER JUNGER Kevin F. O'Neill, Esq. plaintiff 216-687-2286 [COR LD NTC] Cleveland-Marshall College Of Law 1801 Euclid Avenue Cleveland, OH 44115 216-687-3898 Gino J. Scarselli, Esq. [COR LD NTC] 664 Allison Drive Richmond Heights, OH 44143 216-291-8601 Raymond V. Vasvari, Esq. [COR LD NTC] Law Offices Of Raymond V. Vasvari 1201 Superior Bldg. 815 Superior Avenue, E Cleveland, OH 44114-2702 216-622-1780 FTS 622-1781 v. WARREN CHRISTOPHER, Department Anthony J. Coppolino, Esq. of State 202-514-4782 defendant Room 1020 [COR LD NTC] Department Of Justice Civil Division 901 E Street, NW Washington, DC 20004 Docket as of July 2, 1998 11:06 pm Page 2 Proceedings include all events. TERMED 1:96cv1723 Junger v. Christopher, et al Gallas CAT 03 WILLIAM J LOWELL, Office of Anthony J. Coppolino, Esq. Defense Trade Controls [term 09/15/97] defendant (See above) [term 09/15/97] [COR LD NTC] KENNETH A MINIHAN, Lt. General, Anthony J. Coppolino, Esq. National Security Agency (See above) defendant [COR LD NTC] WILLIAM DALEY, Department of Anthony J. Coppolino, Esq. Commerce (See above) defendant [COR LD NTC] Docket as of July 2, 1998 11:06 pm Page 3 Proceedings include all events. TERMED 1:96cv1723 Junger v. Christopher, et al Gallas CAT 03 8/7/96 -- FILING FEE: on 8/7/96 in the amount of $ 120.00, receipt # 239818. (jm) [Entry date 08/08/96] 8/7/96 -- ASSIGNMENT OF MAGISTRATE JUDGE pursuant to Local Rule 1:2.4, Assignment of Cases. In the event of referral this case will be referred to Mag. Judge Jack B. Streepy . 1 pg (rs) [Entry date 08/08/96] 8/7/96 1 COMPLAINT for declaratory and injunctive relief ( Service: summons issd, magistrate consent form issd) ( 14 pgs) (rs) [Entry date 08/08/96] 8/7/96 2 CIS filed by plaintiff Peter Junger . Recommended Track: standard (1 pg) (rs) [Entry date 08/08/96] 8/8/96 3 MOTION by plaintiff Peter Junger for preliminary injunction ( 12 pgs) (rs) 8/8/96 4 DECLARATION by plaintiff Peter Junger [3-1] ( 7 pgs) (rs) 8/8/96 5 DECLARATION of Gino J. Scarselli by plaintiff Peter Junger [3-1] ( 6 pgs) (rs) 8/8/96 6 EXHIBITS to motion for prel injunction by plaintiff Peter Junger (rs) 8/8/96 7 MOTION by plaintiff Peter Junger to exceed page limitation re brief in support of motion for prel inj w/brf attached ( 2 pgs) (rs) 8/8/96 77 MOTION by plaintiff to file an exhibit under seal; exhibit attached. (3 pgs) (stp) [Entry date 01/22/98] 8/13/96 -- MARGINAL ENTRY ORDER granting pltf's mot to file a memo exceeding pg limit [7-1] (issued on 8/20/96) Judge Donald C. Nugent (jam) [Entry date 08/22/96] 8/13/96 13 MEMORANDUM (Brief) by pltf in support of his mot for prel inj [3-1] ( 28 pgs) (jam) [Entry date 08/22/96] 8/22/96 8 CIS filed by defts. Recommended Track: Standard. (1 pg) (kv) 8/22/96 9 MOTION by defts to dismiss or for SJ (3 pgs) (kv) 8/22/96 10 MOTION by defts to file memo of points & authorities exceeding page limitation (4 pgs) (kv) 8/22/96 11 DECLARATION of William J. Lowell on behalf of defts re: regulatory provisions at issue (16 pgs +attach) (kv) 8/22/96 12 DECLARATION of William P. Crowell on behalf of defts (12 pgs +attach) (kv) Docket as of July 2, 1998 11:06 pm Page 4 Proceedings include all events. TERMED 1:96cv1723 Junger v. Christopher, et al Gallas CAT 03 8/27/96 14 NOTICE of hearing in room: 400, before: Judge Nugent ; status hearing set for 11:30 on 9/5/96 (issued on 8/27/96) (1 pg) (rs) [Entry date 08/28/96] 9/3/96 15 MOTION by pltf for extension ot time to resp to det's mot to dism or for SJ (3 pgs) (kv) [Entry date 09/04/96] 9/5/96 16 MINUTES of proceedings: before Judge Donald C. Nugent ; Court reporter none ;status hearing held 9/5/96, deft has fld mot to dism & mot for SJ; pltf to resp by 10/1/96; rply due 10/18/96 oral argu on motion by defts to dismiss [9-1] & motion for SJ [9-2] at 1:00 p.m. on 11/20/96 (issued) (1 pg) (js) [Entry date 09/06/96] 9/5/96 -- MARGINAL ENTRY ORDER granting motion by pltf for extension ot time to resp to det's mot to dism or for SJ [15-1] (issued) Judge Donald C. Nugent (js) [Entry date 09/06/96] 9/5/96 17 RETURN OF SERVICE executed upon dft Warren Christopher and thru A/G Office by cert mail on 8/12/96 ( 3 pgs) (rs) [Entry date 09/06/96] 9/5/96 18 RETURN OF SERVICE executed upon dfts thru U.S. Attys Office on 8/10/96 (1 pg) (rs) [Entry date 09/06/96] 10/1/96 19 MEMORANDUM (brief) by plaintiff Peter Junger in opposition to motion for SJ [9-2] ( 40 pgs) (rs) [Entry date 10/02/96] 10/1/96 19 MEMORANDUM by plaintiff Peter Junger in support of pltf's motion for SJ ( 40 pgs) (rs) [Entry date 10/02/96] 10/1/96 20 EXHIBITS by plaintiff Peter Junger (rs) [Entry date 10/02/96] 10/2/96 21 MOTION by plaintiff Peter Junger for summary judgment ( 2 pgs) (rs) [Entry date 10/03/96] 10/2/96 22 MOTION by plaintiff Peter Junger for leave to file brief in ext of local page limits instanter w/brief attached (2 pgs) (rs) [Entry date 10/03/96] 10/2/96 23 MOTION by plaintiff Peter Junger for leave to file corrected brief instanter ( 2 pgs) (rs) [Entry date 10/03/96] 10/17/96 -- MARGINAL ENTRY ORDER: granting pltf's motion for leave to file brief in ext of local page limits instanter [22-1] (issued on 10/17/96) Judge Donald C. Nugent (rs) [Entry date 10/23/96] 10/17/96 26 MEMORANDUM (brief) by plaintiff Peter Junger in opposition to motion for SJ [9-2] ( 38 pgs) (rs) [Entry date 10/23/96] Docket as of July 2, 1998 11:06 pm Page 5 Proceedings include all events. TERMED 1:96cv1723 Junger v. Christopher, et al Gallas CAT 03 10/17/96 26 MEMORANDUM (brief) by plaintiff Peter Junger in support of motion for summary judgment [21-1] ( 45 pgs) (rs) [Entry date 10/23/96] 10/17/96 -- MARGINAL ENTRY ORDER: granting pltf's motion for leave to file corrected brief instanter [23-1] Judge Donald C. Nugent (rs) [Entry date 10/23/96] 10/18/96 24 MOTION by dft to exceed page limitation re: memo of points and authorities w/memo attached ( 4 pgs) (rs) [Entry date 10/22/96] 10/18/96 25 DECLARATION of Anthony J. Coppolino by defendants and exhs re: pltf's preliminary injunction [3-1] ( 7pgs+exh ) (rs) [Entry date 10/22/96] 10/29/96 -- MARGINAL ENTRY ORDER granting mot by deft to exceed page limitation re: memo of points and authorities [24-1] (issued on 10/29/96) Judge Donald C. Nugent (jam) [Entry date 11/01/96] 11/1/96 27 REPLY by defts in further supp of their mot to dism [9-1], or in the alt, for SJ [9-2] ( exh & 34 pgs) (jam) 11/1/96 27 MEMORANDUM by defts in opp to ptlf's mot for prel inj [3-1] ( exh & 34 pgs) (jam) 11/7/96 28 MOTION by pla for leave to stmt of issues (ATTACHED) ( 2 pgs) (jma) 11/18/96 -- MARGINAL ENTRY ORDER: granting motion by pla for leave to stmt of issues instanter [28-1] (issued on 11/19/96) Judge Donald C. Nugent (vd) [Entry date 11/19/96] 11/18/96 29 Statement of issues, points, and authorities by plaintiff ( 8 pgs) (vd) [Entry date 11/19/96] 11/20/96 30 ORDER/MINUTES of proceedings: before Judge Donald C. Nugent ; hearing held re: motion by pla for preliminary injunction [3-1], and for summary judgment [21-1], and on motions by defts to dismiss [9-1] and for summary judgment [9-2] on 11/20/96; ptys to submit proposed orders and proposed findings of fact and conclusions of law by 1/14/97 (issued on 11/25/96) (1 pg) (jma) [Entry date 11/26/96] 1/3/97 31 JOINT MOTION to extend filing ddl for findings of facts & concl of law to 1/28/97. (2 pgs) (kv) 1/6/97 -- MARGINAL ENTRY ORDER: granting joint motion to extend filing ddl for findings of facts & concl of law to 1/28/97. [31-1] (issued on 1/7/97) Judge Donald C. Nugent (rs) [Entry date 01/07/97] Docket as of July 2, 1998 11:06 pm Page 6 Proceedings include all events. TERMED 1:96cv1723 Junger v. Christopher, et al Gallas CAT 03 1/7/97 32 NON-APPEAL TRANSCRIPT ORDER Court Reporter: Staiduhar; Judicial Officer: Judge Nugent; Requested By: Anthony Coppolino; Date(s) of Proc.: 11/20/96 (1 pg) (jma) [Entry date 01/08/97] [Edit date 01/13/98] 1/7/97 33 TRANSCRIPT of proceedings before Judge Donald C. Nugent taken on 11/18/96 by court reporter Staiduhar ( 45 pgs) (jma) [Entry date 01/08/97] 1/24/97 34 JOINT MOTION by the ptys to extend time until 1/28/97 to file findings of fact and conclusions of law ( 3 pgs) (jma) [Entry date 01/27/97] 1/24/97 35 MOTION by joint parties to extend ddl to file findings of fact until 2/4/97 ( 3 pgs) (vk) [Entry date 01/28/97] 1/24/97 -- MARGINAL ENTRY ORDER: granting motion by joint parties to extend ddl to file findings of fact until 2/4/97 [35-1] (issued on 1/24/97) Judge Donald C. Nugent (vk) [Entry date 01/28/97] 1/30/97 36 MOTION by pla to extend time until 2/6/97 to file findings of facts and conclusions of law ( 3 pgs) (jma) [Entry date 01/31/97] 1/31/97 -- MARGINAL ENTRY ORDER: granting motion by pla to extend time until 2/6/97 to file findings of facts and conclusions of law [36-1] (issued on 2/4/97) Judge Donald C. Nugent (vk) [Entry date 02/04/97] 2/4/97 -- MARGINAL ENTRY ORDER: granting motion by the ptys to extend time until 1/28/97 to file findings of fact and conclusions of law [34-1] (issued on 2/4/97) Judge Donald C. Nugent (vk) 2/6/97 37 PROPOSED FINDINGS of fact and conclusions of law of defendants ( exh+60 pgs) (vk) 2/10/97 38 MOTION by pla for leave to file instanter his proposed memorandum opinion (ATTACHED) ( 3 pgs) (jma) [Entry date 02/11/97] 2/12/97 -- MARGINAL ENTRY ORDER: granting motion by pla for leave to file instanter his proposed memorandum opinion [38-1] (issued on 2/18/97) Judge Donald C. Nugent (vk) [Entry date 02/18/97] 2/13/97 39 MOTION by pla for leave to file 1st suppl cmp, instanter (ATTACHED) ( 4 pgs) (jma) [Entry date 02/14/97] 2/13/97 40 MOTION by pla for leave to refile memorandum opinion with exhibits (ATTACHED) (3 pgs) (jma) [Entry date 02/14/97] 2/18/97 41 PROPOSED MEMORANDUM OF OPINION by plaintiff ( 73 pgs) (vk) Docket as of July 2, 1998 11:06 pm Page 7 Proceedings include all events. TERMED 1:96cv1723 Junger v. Christopher, et al Gallas CAT 03 2/18/97 42 DECLARATION (2nd) by attorney for plaintiff ( 4 pgs) (vk) [Entry date 02/19/97] 2/24/97 43 DECLARATION (third) of Gino J. Scarselli ( 6 pgs) (vk) [Entry date 02/25/97] 2/24/97 44 MOTION by pltf for order to refile proposed memo opinion ( 3 pgs) (vk) [Entry date 02/25/97] 2/27/97 45 MEMORANDUM by defendants in opposition to motion by pltf for order to refile proposed memo opinion [44-1] ( 6 pgs) (vk) [Entry date 02/28/97] 2/27/97 46 RESPONSE by defendants to motion by pla for leave to file 1st suppl cmp, instanter (ATTACHED) [39-1] ( 9 pgs) (vk) [Entry date 02/28/97] 3/5/97 47 REPLY by plaintiff to response to motion by pla for leave to refile memorandum opinion with exhibits [40-1] ( 5 pgs) (vk) 3/5/97 48 REPLY by plaintiff to response to motion by pla for leave to file 1st suppl cmp [39-1] ( 6 pgs) (vk) 3/11/97 49 REPLY in supp of defendants' cross-mot to strike new affvts & exhs (8 pgs) (pl) [Entry date 03/13/97] 3/13/97 -- MARGINAL ENTRY ORDER granting motion by defts to file memo of points & authorities exceeding page limitation [10-1] (issued on 3/13/97) Judge Donald C. Nugent (js) 3/13/97 74 MEMORANDUM of points and authorities by dfts in opposition to pla's motion for preliminary injunction [3-1] (37 pgs); AND (stp) [Entry date 01/22/98] 3/13/97 74 MEMORANDUM by dfts in support of their motion to dismiss [9-1] ( 37 pgs) (stp) [Entry date 01/22/98] 4/7/97 50 NOTICE of hearing in room: 400, before: Judge Nugent status hearing 2:00 5/2/97 (issued on 4/7/97) (1 pg) (vk) [Entry date 04/08/97] 5/2/97 51 MINUTES of proceedings: Status Conf held, court agreed to hold off ruling on all pending mots until pltf files mot for lv to file a new suppl/amd cmp. Parties agreed that all previous pending mots should be denied as moot. Parties will subm a propsed brf sched for any disp mots related to new amd/suppl cmp; before Judge Donald C. Nugent ; Court reporter none. ( 1 pg) (pl) [Entry date 05/07/97] Docket as of July 2, 1998 11:06 pm Page 8 Proceedings include all events. TERMED 1:96cv1723 Junger v. Christopher, et al Gallas CAT 03 7/7/97 52 ORDER: that at 5/2/97 stat conf cnsl for parties agreed due to the recent change in fed regulations the following motions are rendered moot. the motion by pltf for order to refile proposed memo opinion [44-1] motion by pla for leave to refile memorandum opinion with exhibits [40-1] motion by pla for leave to file 1st suppl cmp, instanter [39-1] ,motion by the ptys to extend time until 1/28/97 to file findings of fact and conclusions of law [34-1] motion for summary judgment [21-1], motion by defts to dismiss [9-1] the pltf is gr to file amd cmp referencing the new regulations. (issued on 7/8/97) ( 2 pgs) Judge Donald C. Nugent (vk) [Entry date 07/09/97] 8/18/97 53 NOTICE by plaintiff's counsel of change of address ( 2 pgs) (vk) 9/2/97 54 MOTION by pltf for leave to file amd and supp cmp instanter ( 3 pgs) (vk) [Entry date 09/03/97] 9/15/97 75 AMENDED COMPLAINT by plaintiff [1-1] substituting William Daley and the Department of Commerce for Madeleine Albright, the Department of State and William J Lowell and the Office of Defense Trade Controls as dfts. adding William Daley (18 pgs) (stp) [Entry date 01/22/98] 9/15/97 76 ATTACHMENTS to SUPPLEMENTAL and amended complaint by plaintiff [75-1] (111 pgs) (stp) [Entry date 01/22/98] 9/15/97 -- MARGINAL ENTRY ORDER granting motion by pltf for leave to file amd and supp cmp instanter [54-1] (issued on 1/22/98) Judge Donald C. Nugent (stp) [Entry date 01/22/98] 9/17/97 55 ORDER: adopting ptys brf sched as follows deft' brf in opp and crs mot for SJ by 11/10/97; pla's reply by 21/1/97; defts' reply by 12/19/97 (issued on 9/18/97) ( 3 pgs) Judge Donald C. Nugent (jma) [Entry date 09/18/97] 10/6/97 56 MOTION by joint parties for order of modification ( 2 pgs) (vk) [Entry date 10/14/97] 10/10/97 -- MARGINAL ENTRY ORDER: granting motion by joint parties for order of modification [56-1]; Pltf's mot for SJ will be fld on or before 10/9/97. Opposition/crs mot due on 11/13/97. (issued on 10/14/97) Judge Donald C. Nugent (vk) [Entry date 10/14/97] 10/15/97 57 MOTION by pla for leave to file SJ mot w/memo in supp & exhs, instanter (ATTACHED) ( 5 pgs) (jma) [Entry date 10/16/97] 10/17/97 -- MARGINAL ENTRY ORDER: granting motion by pla for leave to file SJ mot w/memo in supp & exhs, instanter [57-1] (issued on 10/17/97) Judge Donald C. Nugent (jma) Docket as of July 2, 1998 11:06 pm Page 9 Proceedings include all events. TERMED 1:96cv1723 Junger v. Christopher, et al Gallas CAT 03 10/17/97 58 MOTION by pla for summary judgment ( 2 pgs) (jma) 10/17/97 59 MEMORANDUM (BRIEF) by pla in support of motion by pla for summary judgment [58-1] ( 28 pgs) (jma) 10/17/97 60 EXHIBITS by pla RE: SJ mot (one volume) (jma) 11/7/97 61 MOTION (Unopposed) by defts to extend briefing schedule ddls ( 5 pgs) (dh) 11/18/97 62 MOTION by defts for summary judgment (2nd motion) ( 2 pgs) (vk) 11/18/97 63 MEMORANDUM by defendant in support of motion by defts for summary judgment [62-1] ( 42 pgs plus 3 volumes of decl in support of SJM) (vk) 12/5/97 64 MOTION by pltf for leave to file reply brf w/exhibits instanter (attached) ( 3 pgs) (vk) [Entry date 12/08/97] 12/10/97 65 NOTICE by plaintiff of lead cnsl unavailability from 12/17/97 to 1/15/98. ( 2 pgs) (vk) 12/10/97 66 MOTION by pltf for leave to file reply brf instanter ( 2 (attached) pgs) (vk) 12/10/97 -- MARGINAL ENTRY ORDER: granting motion by pltf for leave to file reply brf w/exhibits instanter [64-1] (issued on 12/11/97) Judge Donald C. Nugent (vk) [Entry date 12/11/97] 12/10/97 67 REPLY by plaintiff to response to motion by pla for summary judgment [58-1] ( 18 pgs) (vk) [Entry date 12/11/97] 12/10/97 68 DECLARATION of Gino Scarselli ( exh+2 pgs) (vk) [Entry date 12/11/97] 12/10/97 69 EXHIBITS by plaintiff in support of reply brf ( exh+6 pgs) (vk) [Entry date 12/11/97] 12/19/97 70 REPLY by defendant to response to motion by defts for summary judgment [62-1] ( 40 pgs) (vk) [Entry date 12/22/97] 12/19/97 71 ORDER: Case reassigned to Judge James S. Gwin pur to protocol for creation of new docket (issued on 12/22/97) ( 1 pgs) Judge Donald C. Nugent (vk) [Entry date 12/22/97] 1/5/98 -- ASSIGNMENT OF MAGISTRATE JUDGE pursuant to Local Rule 1:2.4, Assignment of Cases. In the event of referral this case will be referred to Mag. Judge James S. Gallas . 1 pg (bab) Docket as of July 2, 1998 11:06 pm Page 10 Proceedings include all events. TERMED 1:96cv1723 Junger v. Christopher, et al Gallas CAT 03 1/21/98 72 ORDER req counsel submit all material docu previously filed Clk on 3.5 inch diskette in Word Perfect format on or before 1/30/98; all future filings re: disp mots, opp & replies to be accompanied by a copy on a diskette. (issued on 1/21/98) (1 pg) Judge James S. Gwin (ja) 1/21/98 73 NOTICE of hearing in room 588 before Hon. James S. Gwin sched status conf at 4:00 p.m. on 2/4/98; lead counsel, anyone w/settlement authority & parties to be present. (issued on 1/21/98) (1 pg) (ja) 1/21/98 -- MARGINAL ENTRY ORDER denying plaintiff's motion to file an exhibit under seal [77-1] (issued on 1/22/98) Judge James S. Gwin (stp) [Entry date 01/22/98] 1/27/98 78 NOTICE of hearing in room 588 before Hon. James S. Gwin re-sched status conf at 4:00 p.m. on 2/27/98; lead counsel, anyone w/settlement authority & parties to be present. (issued on 1/27/98) (1 pg) (ja) 1/30/98 79 NOTICE by defendants of submission of computer diskette. (2 pgs) (ja) 2/25/98 80 NOTICE of hearing in room 588 before Hon. James S. Gwin re-sched status conf at 12:00 p.m. on 3/27/98; lead counsel, anyone w/settlement authority & parties to be present. (issued on 2/26/98) (1 pg) (ja) 2/25/98 81 JOINT MOTION by pltfs & defts for cont of cmc ( 3 pgs) (ma) [Entry date 02/26/98] [Edit date 02/27/98] 3/5/98 -- MARGINAL ENTRY ORDER granting joint stipulated motion by parties for cont of CMC sched 2/27/98 [81-1]; no further cont will be granted; new date for status conf at 12:00 p.m. on 3/27/98. (issued on 3/5/98) Judge James S. Gwin (ja) 3/27/98 82 MINUTES of proceedings: before Judge James S. Gwin ; Court reporter none; status hearing held 3/27/98 ( 1 pg) (jma) 3/27/98 83 ORDER that parties to file stip facts made in the SJ mot by 4/10/98; Ct will hrg oral arguments on summary judgment mots [62-1] [58-1] at 8:30 a.m. on 4/24/98. (issued on 3/30/98) (1 pg) Judge James S. Gwin (ja) [Entry date 03/30/98] 3/27/98 84 CASE MANAGMENT PLAN/TRIAL ORDER: Track Designation: standard. Pretrial conference w/counsel, anyone w/settlement authority & clients in personal attendance at 4:00 p.m. on 7/14/98; bench trial at 8:30 a.m. on 7/20/98. (issued on 3/30/98) (13 pgs) Judge James S. Gwin (ja) [Entry date 03/30/98] 3/30/98 85 LETTER to Clk from Anthony J. coppolino, counsel for dfts req addition of his telephone number. (1 pg) (ja) Docket as of July 2, 1998 11:06 pm Page 11 Proceedings include all events. TERMED 1:96cv1723 Junger v. Christopher, et al Gallas CAT 03 3/30/98 86 LETTER to ct re telephone number of atty Anthony J. Coppolino be placed on docket. ( 1 pg) (ma) [Entry date 03/31/98] 4/10/98 87 STIPULATION by parties of facts not in dispute. (10 pgs) (ja) 4/10/98 88 STATEMENT/STIPULATION by ptys of facts not in dispute. ( 10 pgs) (jam) 4/28/98 89 MOTION by pltf to supplement the record with public state made by deft ( 12 pgs) (js) [Entry date 04/29/98] 4/30/98 90 NOTICE by plaintiff Peter Junger of submission of diskette for pla's mot to suppl the record. (2 pgs) (ja) 5/1/98 -- MARGINAL ENTRY ORDER granting pla's motion to supplement the record with public stmt made by deft William Daley [89-1]. (issued on 5/1/98) Judge James S. Gwin (ja) 5/22/98 91 TRANSCRIPT of proceedings of argument on SJ motion before Judge James S. Gwin taken on 4/24/98 at 10:30 a.m. by court reporter Richard DelMonico. (33 pgs) (ja) 6/10/98 92 RESPONSE by defts to pltf's supplement to the record with public state made by deft [89-1] ( 6 pgs) (jw) 7/2/98 93 OPINION AND ORDER denying pla's motion for summary judgment [58-1] & granting dft's motion for summary judgment [62-1]. (issued on 7/2/98) (32 pgs) Judge James S. Gwin (ja) 7/2/98 94 ORDER that purs to FRCvP 58 this action is terminated. dismissing case (issued on 7/2/98) (1 pg) Judge James S. Gwin (ja) [END OF DOCKET: 1:96cv1723] X---------------------------------------------------------------------------X