Betco Corporation, Ltd. v. Peacock et al

Filing 216

Transmission of Notice of Appeal, Docketing Statement, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 214 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order No.: 128, # 3 Opinion and Order No.: 176, # 4 Judgment, # 5 Docket Sheet) (lak)

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APPEAL, CLOSED, CONSOLIDATED_CASE, DIVERSITY, KRC,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:14-cv-00193-wmc

Betco Corporation, Ltd. v. Peacock et al
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Demand: $75,000
Case in other court: Ohio Northern, 3:12-cv-01045
Cause: 28:1332 Diversity-Breach of Contract

Date Filed: 03/10/2014
Date Terminated: 12/23/2016
Jury Demand: Plaintiff
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity

Plaintiff
Betco Corporation, Ltd.

represented by Reginald S. Jackson , Jr.
Connelly, Jackson & Collier
Ste. 2300
405 Madison Avenue
Toledo, OH 43604
419-243-2100
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sara L. Gehrig
Nowlan & Mouat Llp
P.O. Box 8100
Janesville, WI 53547
608-755-8100
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Adam S. Nightingale
Eastman & Smith Ltd.
One SeaGate, 24th Floor
P.O. Box 10032
Toledo, OH 43699
419-241-6000
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
David Charles Moore

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Nowlan & Mouat, Llp
100 S. Main Street
P.O. Box 8100
Janesville, WI 53547
608-755-8100x142
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Reginald Sherman Jackson , Jr.
Connelly, Jackson & Collier, LLP
405 Madison Avenue
Suite 2300
Toledo, OH 43604
419-243-2100
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Timothy P. Nackowicz
Janik L.L.P.
33 S. Michigan Street, Ste. 100
Toledo, OH 43604
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
V.
Defendant
Malcolm D. Peacock

represented by Albert Bianchi , Jr.
Michael Best & Friedrich, LLP
1 S. Pinckney Street, #700
P.O. Box 1806
Madison, WI 53701
608-283-4425
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric S. Zell
Calfee, Halter & Griswold - Cleveland
1405 East Sixth Street
Cleveland, OH 44114
216-622-8603
Fax: [phone]
Email: [e-mail]

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TERMINATED: 03/12/2014
LEAD ATTORNEY
Mary Carolyn Turke
Turke & Strauss LLP
613 Williamson Street, Suite 210
Madison, WI 53703
608.237.1776
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Carrie C. Ruzicka
Michael Best & Friedrich - Chicago
Ste. 2000
Two Prudential Plaza
180 North Stetson Avenue
Chicago, IL 60601
312-445-0488
Email: [e-mail]
TERMINATED: 05/01/2013
ATTORNEY TO BE NOTICED
Colleen M. O'Neil
Calfee, Halter & Griswold - Cleveland
1405 East Sixth Street
Cleveland, OH 44114
216-622-8530
Fax: [phone]
Email: [e-mail]
TERMINATED: 03/12/2014
Defendant
Marilyn Peacock

represented by Albert Bianchi , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric S. Zell
(See above for address)
TERMINATED: 03/12/2014
LEAD ATTORNEY
Mary Carolyn Turke
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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Carrie C. Ruzicka
(See above for address)
TERMINATED: 05/01/2013
ATTORNEY TO BE NOTICED
Colleen M. O'Neil
(See above for address)
TERMINATED: 03/12/2014
Defendant
B. Holdings, Inc.

represented by Albert Bianchi , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric S. Zell
(See above for address)
TERMINATED: 03/12/2014
LEAD ATTORNEY
Mary Carolyn Turke
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Carrie C. Ruzicka
(See above for address)
TERMINATED: 05/01/2013
Colleen M. O'Neil
(See above for address)
TERMINATED: 03/12/2014

Defendant
E. Holdings, LLC

represented by Albert Bianchi , Jr.
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric S. Zell
(See above for address)
TERMINATED: 03/12/2014
LEAD ATTORNEY
Mary Carolyn Turke
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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Carrie C. Ruzicka
(See above for address)
TERMINATED: 05/01/2013
ATTORNEY TO BE NOTICED
Colleen M. O'Neil
(See above for address)
TERMINATED: 03/12/2014
Mary Carolyn Turke
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed
04/27/2012

#

Docket Text
1 Complaint with jury demand against B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock, Marilyn Peacock. Filing fee paid $ 350, Receipt number
0647-5321420. Filed by Betco Corporation, Ltd.. (Attachments:
# 1 Civil Cover Sheet,
# 2 Summons to Malcolm D. Peacock,
# 3 Summons to Marilyn Peacock,
# 4 Summons to B. Holdings, Inc.,
# 5 Summons to E. Holdings, Inc.) (Jackson, Reginald) [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 04/27/2012)

04/27/2012

Judge Jack Zouhary assigned to case. (M,L) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 04/27/2012)

04/27/2012

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event
of a referral, case will be assigned to Magistrate Judge James R. Knepp. (M,L)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 04/27/2012)

04/30/2012

04/30/2012

2 Original Summons and Magistrate Consent Form issued for service upon B.
Holdings, Inc., E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock.
(Attachments:
# 1 Magistrate Consent Form) (M,L) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 04/30/2012)
Notice by Clerk that Betco Corporation, Ltd. failed to file a corporate disclosure
statement as required by Local Rule 3.13(b). (M,L) [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 04/30/2012)

04/30/2012

3 Corporate Disclosure Statement filed by Betco Corporation, Ltd.. (Jackson,
Reginald) [Transferred from Ohio Northern on 3/10/2014.] (Entered: 04/30/2012)

05/10/2012

4 Affidavit/Declaration of Timothy P. Nackowicz filed by Betco Corporation, Ltd..
(Jackson, Reginald) [Transferred from Ohio Northern on 3/10/2014.] (Entered:
05/10/2012)

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05/29/2012

5 Waiver of Service Returned Executed by Betco Corporation, Ltd.. E. Holdings,
LLC waiver sent on 4/30/2012, answer due 6/29/2012. filed on behalf of Betco
Corporation, Ltd. (Jackson, Reginald) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 05/29/2012)

05/29/2012

6 Waiver of Service Returned Executed by Betco Corporation, Ltd.. Marilyn Peacock
waiver sent on 4/30/2012, answer due 6/29/2012. filed on behalf of Betco
Corporation, Ltd. (Jackson, Reginald) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 05/29/2012)

05/29/2012

7 Waiver of Service Returned Executed by Betco Corporation, Ltd.. Malcolm D.
Peacock waiver sent on 4/30/2012, answer due 6/29/2012. filed on behalf of Betco
Corporation, Ltd. (Jackson, Reginald) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 05/29/2012)

05/29/2012

8 Waiver of Service Returned Executed by Betco Corporation, Ltd.. B. Holdings, Inc.
waiver sent on 4/30/2012, answer due 6/29/2012. filed on behalf of Betco
Corporation, Ltd. (Jackson, Reginald) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 05/29/2012)

05/31/2012

9 Motion for attorney Mary C. Turke to Appear Pro Hac Vice. Filing fee $ 100,
receipt number 0647-5380776, filed by B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock, Marilyn Peacock. (Attachments:
# 1 Affidavit of Mary C. Turke)(Zell, Eric) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 05/31/2012)

05/31/2012

10 Motion for attorney Albert Bianchi, Jr. to Appear Pro Hac Vice. Filing fee $ 100,
receipt number 0647-5380831, filed by B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock, Marilyn Peacock. (Attachments:
# 1 Affidavit of Albert Bianchi, Jr.)(Zell, Eric) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 05/31/2012)

06/04/2012

11 Marginal Entry Order granting Motion for appearance pro hac vice by attorney
Mary C. Turke for B. Holdings, Inc., Malcolm D. Peacock, Marilyn Peacock. Local
Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all
documents electronically. The CM/ECF registration form can be found at
www.ohnd.uscourts.gov under Forms. (Related Doc # 9 ). Judge Jack Zouhary on
6/4/12.(C,D) [Transferred from Ohio Northern on 3/10/2014.] (Entered:
06/04/2012)

06/04/2012

12 Marginal Entry Order granting Motion for appearance pro hac vice by attorney
Albert Bianchi, Jr for B. Holdings, Inc.,Albert Bianchi, Jr for Malcolm D.
Peacock,Albert Bianchi, Jr for Marilyn Peacock. Local Rule 5.1(c) requires that
attorneys register for CM/ECF and file and receive all documents electronically.
The CM/ECF registration form can be found at www.ohnd.uscourts.gov under
Forms. (Related Doc # 10 ). Judge Jack Zouhary on 6/4/12.(C,D) [Transferred from
Ohio Northern on 3/10/2014.] (Entered: 06/04/2012)

06/11/2012

13 Stipulated Motion for extension of time until July 13, 2012 to answer Plaintiff's
Complaint filed by B. Holdings, Inc., E. Holdings, LLC, Malcolm D. Peacock,
Marilyn Peacock. (Zell, Eric) [Transferred from Ohio Northern on 3/10/2014.]
(Entered: 06/11/2012)

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14 Marginal Entry Order granting (re 13 ) Stipulated Motion for extension of time
until July 13, 2012 to answer Plaintiff's Complaint. B. Holdings, Inc.; E. Holdings,
LLC ; Malcolm D. Peacock, Marilyn Peacock answers due 7/13/2012. Judge Jack
Zouhary on 6/11/12.(C,D) [Transferred from Ohio Northern on 3/10/2014.]
(Entered: 06/11/2012)
Case reassigned to Judge Jeffrey J. Helmick pursuant to General Order 2012-11.
(L,V) [Transferred from Ohio Northern on 3/10/2014.] (Entered: 07/09/2012)

07/13/2012

15 Answer to 1 Complaint, filed by Betco Corporation, Ltd.. (Turke, Mary)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 07/13/2012)

07/24/2012

16 Case Management Conference Scheduling: case management conference to be
held on 8/20/2012 at 09:00 AM at Chambers 210 before Judge Jeffrey J. Helmick.
(S,AL) [Transferred from Ohio Northern on 3/10/2014.] (Entered: 07/24/2012)

08/13/2012

17 Report of Parties' Planning Meeting , parties do not consent to this case being
assigned to the magistrate judge, filed by All Parties. (Jackson, Reginald)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 08/13/2012)

08/23/2012

18 Order of Case Management Conference held on 8/20/2012. Case is assigned to the
standard track. Discovery due by 3/1/2013. Parties to be Joined and Pleading
Amendments due by 9/15/2012. Dispositive Motions due by 4/1/2013; opposition
due 5/1/2013; reply due 5/15/2013. Telephone Conference set for 3/5/2013 at 1:30
PM. Voir Dire set for 7/9/2013 at 09:00 AM in Courtroom 204. Jury Trial set for
7/9/2013 at 01:00 PM. Judge Jeffrey J. Helmick on 8/23/2012. Time:.30(S,AL)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 08/23/2012)

08/30/2012

19 Notice of Issuance of Suboena Duces Tecum to Cornerstone Business Services, Inc.
filed by Betco Corporation, Ltd.. (Attachments:
# 1 Exhibit 1 - Subpoena Duces Tecum to Cornerstone Business Services,
Inc.)(Jackson, Reginald) [Transferred from Ohio Northern on 3/10/2014.] (Entered:
08/30/2012)

09/04/2012

20 Notice of Service of Subpoena Duces Tecum to Cornerstone Business Services,
Inc., with executed subpoena attached filed by Betco Corporation, Ltd..
(Attachments:
# 1 Exhibit 1: Subpoena Duces Tecum to Cornerstone Business Services, Inc., with
Return of Service Executed) Related document(s) 19 . (Jackson, Reginald)
Modified on 9/5/2012 to edit text (B,TM). [Transferred from Ohio Northern on
3/10/2014.] (Entered: 09/04/2012)

09/04/2012

21 Notice of Issuance of Subpoena Duces Tecum to Cornerstone Business Services,
Inc. filed by Betco Corporation, Ltd.. (Attachments:
# 1 Exhibit 1 - Subpoena Duces Tecum to Cornerstone Business Services, Inc., c/o
Scott Bushkie, Principal, 200 South Washington Street, Suite 205, Green Bay, WI
54301)(Jackson, Reginald) [Transferred from Ohio Northern on 3/10/2014.]
(Entered: 09/04/2012)

09/07/2012

22 Initial Disclosures filed by All Plaintiffs. (Jackson, Reginald) [Transferred from
Ohio Northern on 3/10/2014.] (Entered: 09/07/2012)

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09/11/2012

23 Notice of service of Subpoena upon Cornerstone Business Services, Inc., with
subpoena attached and returned executed on September 6, 2012 filed on behalf of
Betco Corporation, Ltd. Related document(s) 21 . (Jackson, Reginald) Modified on
9/12/2012 to edit text (B,TM). [Transferred from Ohio Northern on 3/10/2014.]
(Entered: 09/11/2012)

09/14/2012

24 First Amended complaint with Demand for Jury Trial Endorsed Hereon against
All Defendants. Filed by Betco Corporation, Ltd.. (Nackowicz, Timothy)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 09/14/2012)

09/28/2012

25 Answer to 24 Amended complaint filed by B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock and Marilyn Peacock. (Turke, Mary) Modified on 10/2/2012
to edit text (B,TM). [Transferred from Ohio Northern on 3/10/2014.] (Entered:
09/28/2012)

11/07/2012

26 Notice of Service of Plaintiffs' First Set of Interrogatories, Request for Admission
and Requests for Production of Documents Propounded Upon Defendants Malcolm
D. Peacock, Marilyn Peacock, B. Holdings, Inc., and E. Holdings, LLC filed by
Betco Corporation, Ltd.. (Nackowicz, Timothy) [Transferred from Ohio Northern
on 3/10/2014.] (Entered: 11/07/2012)

11/21/2012

27 Stipulated Motion for protective order filed by B. Holdings, Inc., E. Holdings,
LLC, Malcolm D. Peacock, Marilyn Peacock, Plaintiff Betco Corporation, Ltd..
(Bianchi, Albert) [Transferred from Ohio Northern on 3/10/2014.] (Entered:
11/21/2012)

11/30/2012

28 Stipulated Protective & Order (see order for full details). Judge Jeffrey J.
Helmick on 11/30/2012. (S,AL) [Transferred from Ohio Northern on 3/10/2014.]
(Entered: 11/30/2012)

12/03/2012

29 Notice of Service of (1) Plaintiff's Answers to Defendant Malcolm D. Peacock's
First Set of Interrogatories to Plaintiff and (2) Plaintiff's Responses to Defendant
Malcolm D. Peacock's First Set of Requests for Documents and Things to Plaintiff
filed by Betco Corporation, Ltd.. (Nackowicz, Timothy) [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 12/03/2012)

01/08/2013

30 Motion to amend complaint, Memorandum in Support with Amended Complaint
attached filed by Plaintiff Betco Corporation, Ltd.. Related document(s) 1 , 24 .
(Attachments:
# 1 Exhibit 1 - Affidavit of Denise Lennard,
# 2 Exhibit 2 - Second Amended Complaint, Including Claim for Declaratory
Relief, With Demand for Jury Trial Endorsed Hereon)(Jackson, Reginald) Modified
on 1/9/2013 to edit text (B,TM). [Transferred from Ohio Northern on 3/10/2014.]
(Entered: 01/08/2013)

01/21/2013

31 Motion for attorney Carrie C. Ruzicka to Appear Pro Hac Vice. Filing fee $ 120,
receipt number 0647-5788892, filed by B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock, Marilyn Peacock. (Attachments:
# 1 Exhibit A (Affidavit of Carrie C. Ruzicka))(Zell, Eric) [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 01/21/2013)

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01/23/2013

32 Marginal Entry Order granting Motion for appearance pro hac vice by attorney
Carrie C. Ruzicka for B. Holdings, Inc., E. Holdings, LLC, Malcolm D. Peacock,
Marilyn Peacock. Local Rule 5.1(c) requires that attorneys register for CM/ECF
and file and receive all documents electronically. The CM/ECF registration form
can be found at www.ohnd.uscourts.gov under Forms. (Related Doc # 31 ). Judge
Jeffrey J. Helmick on 1/23/13.(SG,D) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 01/23/2013)

01/23/2013

Order (Non Document) Telephone Conference set for 1/29/13 at 9:15 AM. Judge
David A. Katz on 1/23/13. (G,C) [Transferred from Ohio Northern on 3/10/2014.]
(Entered: 01/23/2013)

01/29/2013

33 Marginal Entry Order granting Plaintiff's unopposed Motion to amend complaint
(Related Doc # 30 ). Plaintiff is granted leave to file a second amended complaint
forthwith. Judge Jeffrey J. Helmick on 1/29/13.(SG,D) [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 01/29/2013)

01/29/2013

34 Second Amended complaint including claim for declaratory relief and jury
demand against All Defendants. Filed by Betco Corporation, Ltd.. (Jackson,
Reginald) Modified on 1/31/2013 to edit text (B,TM). [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 01/29/2013)

01/29/2013

35 ORDER mediation conference set for 3/13/13 at 9:00 AM at the Paul G.Rogers
Federal Building and United States Courthouse, West Palm Beach, Florida. Ex parte
statements due by 3/6/13. Parties to advise West Palm Court re electronics by
3/1/13 as stated herein. Judge David A. Katz on 1/29/13. (G,C) [Transferred from
Ohio Northern on 3/10/2014.] (Entered: 01/29/2013)

02/05/2013

36 Amended Order re mediation. Judge David A. Katz on 2/5/13. (G,C) [Transferred
from Ohio Northern on 3/10/2014.] (Entered: 02/05/2013)

02/08/2013

37 Trial Order: jury instructions and motions in limine due 6/10/13; trial briefs due
6/25/13. A final Pretrial Conference set for 6/17/2013 at 11:30 AM in Chambers
210 before Judge Jeffrey J. Helmick. Judge Jeffrey J. Helmick on 2/8/2013. (S,AL)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 02/08/2013)

02/15/2013

38 Answer to 34 Amended complaint including claim for Declaratory Relief, with
Demand for Jury Trial filed by B. Holdings, Inc., E. Holdings, LLC, Malcolm D.
Peacock, Marilyn Peacock. (Turke, Mary) Modified on 2/20/2013 to edit text
(B,TM). [Transferred from Ohio Northern on 3/10/2014.] (Entered: 02/15/2013)

03/06/2013

Notice [Non Document]: Telephone Status Conference set for 3/22/2013 at 09:30
AM before Judge Jeffrey J. Helmick. The Court will initiate the phone call. (S,AL)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 03/06/2013)

03/14/2013

Mediation held by Judge David A. Katz on 3/13/13 & 3/14/13. (Non
Document)(G,C) [Transferred from Ohio Northern on 3/10/2014.] (Entered:
03/14/2013)

03/21/2013

39 Motion to change/transfer venue filed by B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock, Marilyn Peacock. (Attachments:
# 1 Brief in Support,

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# 2 Affidavit Declaration of Marilyn Peacock,
# 3 Affidavit Declaration of Malcolm Peacock,
# 4 Affidavit Declaration of Albert Bianchi, Jr.,
# 5 Exhibit A to Bianchi Decl. - Asset Purchase Agreement,
# 6 Exhibit B to Bianchi Decl. - 02/27/13 ltr from Betco Counsel,
# 7 Exhibit C to Bianchi Decl. - 03/14/13 ltr from Betco Counsel,
# 8 Exhibit D to Bianchi Decl. - Order Staying Case No. 12-cv-367-wmc,
# 9 Exhibit E to Bianchi Decl. - Complaint in Case No. 12-cv-367-wmc,
# 10 Exhibit F to Bianchi Decl. - Distributer Agreement,
# 11 Exhibit G to Bianchi Decl. - Malcolm Peacock Employment Agreement,
# 12 Exhibit H to Bianchi Decl. - Richard Peacock Employment Agreement,
# 13 Exhibit I to Bianchi Decl. - Lease,
# 14 Exhibit J to Bianchi Decl. - Northern District of Ohio Judicial Caseload
Statistics,
# 15 Exhibit K to Bianchi Decl. - Western District of Wisconsin Judicial Caseload
Statistics)(Bianchi, Albert) Modified on 3/22/2013 to edit text (B,TM). [Transferred
from Ohio Northern on 3/10/2014.] (Entered: 03/21/2013)
03/26/2013

40 Order of Pretrial Conference held on 3/22/2013. Plaintiff granted until 4/15/13 to
respond to defendants' motion to transfer venue; reply due 4/22/13. Discovery due
by 8/1/2013. Dispositive Motions due by 9/3/2013; opposition due 10/7/13; reply
due 10/21/13. Settlement Conference set for 3/19/2014 at 01:30 PM in Chambers
210 before Judge Jeffrey J. Helmick. Jury Trial set for 4/15/2014 with Voir Dire set
for 4/14/2014 at 10:00 AM in Courtroom 204 before Judge Jeffrey J. Helmick.
Judge Jeffrey J. Helmick on 3/26/2013. Time:.30(S,AL) [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 03/26/2013)

04/15/2013

41 Opposition to 39 Motion to change/transfer venue filed by Betco Corporation,
Ltd.. (Attachments:
# 1 Exhibit 1 - Asset Purchase Agreement,
# 2 Exhibit 2 - Plaintiff's Answers to Defendant's First Set of Interrogatories,
# 3 Exhibit 3 - Confidential Business Review,
# 4 Exhibit 4 - Bio-Ohio's Defenses and Counterclaims,
# 5 Exhibit 5 - Case: P&G,
# 6 Exhibit 6 - Case: Potts,
# 7 Exhibit 7 - Case: OnX,
# 8 Exhibit 8 - Case: Klopfenstein,
# 9 Exhibit 9 - Case: Faktor,
# 10 Exhibit 10 - Case: JPMorgan,
# 11 Exhibit 11 - December 28, 2012 Letter,
# 12 Exhibit 12 - January 17, 2013 Letter)(Nackowicz, Timothy) [Transferred from
Ohio Northern on 3/10/2014.] (Entered: 04/15/2013)

04/22/2013

42 Motion by Carrie C. Ruzicka to withdraw as attorney of record filed by B.
Holdings, Inc., E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock.
(Ruzicka, Carrie) [Transferred from Ohio Northern on 3/10/2014.] (Entered:
04/22/2013)

04/22/2013

43 Reply in support of the 39 Motion to change/transfer venue filed by All
Defendants. (Bianchi, Albert) Modified on 4/23/2013 to edit text (B,TM).

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[Transferred from Ohio Northern on 3/10/2014.] (Entered: 04/22/2013)
05/01/2013

44 Marginal Entry Order granting Motion to withdraw as attorney, attorney Carrie
C. Ruzicka removed from case as to defendants Malcolm Peacock, Marilyn
Peacock, B. Holdings, Inc and E. Holdings LLC. (Related Doc # 42 ). Judge Jeffrey
J. Helmick on 5/1/2013.(S,AL) [Transferred from Ohio Northern on 3/10/2014.]
(Entered: 05/01/2013)

06/06/2013

45 Order: Defendants are granted until June 19, 2013, to file a brief on the issue of
personal jurisdiction. Plaintiff is granted 21 days for response and Defendant
granted 7 days for reply. Judge Jeffrey J. Helmick on 6/6/2013. (S,AL) [Transferred
from Ohio Northern on 3/10/2014.] (Entered: 06/06/2013)

06/12/2013

Order:(non-document) to clarify Order dated 3/26/2013. The Defendants' deadline
for submission of expert witness report(s) is June 15, 2013. Related document(s) 40
Order of Pretrial Conference held on 3/22/2013.(SG,D) [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 06/12/2013)

06/19/2013

46 Motion to dismiss for lack of personal jurisdiction filed by B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock. (Attachments:
# 1 Brief in Support)(Turke, Mary) Modified text on 6/25/2013 (L,V). [Transferred
from Ohio Northern on 3/10/2014.] (Entered: 06/19/2013)

06/28/2013

47 Notice to take Deposition of Steve Royko on July 31, 2013 filed by Betco
Corporation, Ltd.. (Jackson, Reginald) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 06/28/2013)

07/10/2013

48 BRIEF Regarding Personal Jurisdiction Over Defendants filed by Betco
Corporation, Ltd. per Order dated 6/6/13 45 Related document(s) 45 .
(Attachments:
# 1 Exhibit 1-B&P Co. v. TLK Fusion Entm't, LLC,
# 2 Exhibit 2-Plaintiff's Discovery Responses,
# 3 Exhibit 3-Defendants' Discovery Responses,
# 4 Exhibit 4-Defendants' Depo Notices & Subpoeans,
# 5 Exhibit 5-West v. Hilton,
# 6 Exhibit 6-Van Sweden Jewelers, Inc. v. 101 VT, Inc.,
# 7 Exhibit 7-Javitch v. Neuma, Inc.,
# 8 Exhibit 8-Wuliger v. Cannella Response TV, Inc.,
# 9 Exhibit 9-Affidavit of Tony Lyons) (Jackson, Reginald) Modified text on
7/12/2013 (L,V). [Transferred from Ohio Northern on 3/10/2014.] (Entered:
07/10/2013)

07/15/2013

49 Proposed Stipulation filed by Betco Corporation, Ltd.. (Jackson, Reginald)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 07/15/2013)

07/15/2013

50 Notice to take Deposition of Peter J. Reilly on July 29, 2013 filed by Betco
Corporation, Ltd.. (Jackson, Reginald) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 07/15/2013)

07/15/2013

51 Notice to take Deposition of Marilyn Peacock on July 30, 2013 filed by Betco
Corporation, Ltd.. (Jackson, Reginald) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 07/15/2013)

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07/15/2013

52 Amended Notice to take Deposition of Steve Royko on July 31, 2013 filed by Betco
Corporation, Ltd.. Related document(s) 47 .(Jackson, Reginald) [Transferred from
Ohio Northern on 3/10/2014.] (Entered: 07/15/2013)

07/17/2013

53 Reply in support of motion to dismiss re: personal jurisdiction 46 filed by All
Defendants. (Turke, Mary) Modified on 7/30/2013 (L,V). [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 07/17/2013)

07/17/2013

54 Affidavit/Declaration of Mary C. Turke in Support of Motion to Dismiss for Lack
of Personal Jurisdiction) filed by All Defendants. Related document(s) 46 .
(Attachments:
# 1 Exhibit A: Plaintiffs' Initial Disclosures,
# 2 Exhibit B: Defendant's Rule 26 Initial Disclosures,
# 3 Exhibit C: Plaintiffs' Motion to Compel (Turke, Mary) Modified on 7/30/2013
(L,V). [Transferred from Ohio Northern on 3/10/2014.] (Entered: 07/17/2013)

07/17/2013

55 Affidavit/Declaration of Malcolm D. Peacock in Support of Motion to Dismiss for
Lack of Personal Jurisdiction filed by All Defendants. Related document(s) 46 .
(Turke, Mary) Modified on 7/30/2013 (L,V). [Transferred from Ohio Northern on
3/10/2014.] (Entered: 07/17/2013)

07/18/2013

56 Joint Motion for extension of discovery and dispositive motions until 08/16/13 for
discovery, 09/18/13 for dispositve motions; 10/21/13 for responses to dispositive
motions, and 11/04/13 for replies to dispositive motions filed by B. Holdings, Inc.,
E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock. (Bianchi, Albert)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 07/18/2013)

07/18/2013

57 Stipulation & Order. See order for details. Judge Jeffrey J. Helmick on 7/18/13.
(SG,D) [Transferred from Ohio Northern on 3/10/2014.] (Entered: 07/18/2013)

07/22/2013

58 Marginal Entry Order granting 56 Joint Motion to Extend Discovery and
Dispositive Motion Deadlines. Discovery due by 8/16/2013; Dispositive Motions
due by 9/18/2013; Response due 10/21/2013; Replies due by 11/4/2013. Judge
Jeffrey J. Helmick on 7/22/13.(SG,D) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 07/22/2013)

09/03/2013

59 FILING ERROR/REFILED Motion for sanctions to Prohibit Plaintiff's Use of
Information Not Disclosed in Accordance with Rule 26 filed by B. Holdings, Inc.,
E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock. (Bianchi, Albert)
Modified per attorney's request on 9/4/2013 (L,A). [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 09/03/2013)

09/03/2013

60 Motion for sanctions to Prohibit Plaintiff's Use of Information Not Disclosed in
Accordance With Rule 26 filed by B. Holdings, Inc., E. Holdings, LLC, Malcolm D.
Peacock, Marilyn Peacock. (Attachments:
# 1 Brief in Support,
# 2 Affidavit Second Declaration of Albert Bianchi, Jr.,
# 3 Exhibit A - Defendants' First Set of Interrogatories,
# 4 Exhibit B - Defendants' First Set of Requests for Document and Things,
# 5 Exhibit C - Betco's Answers to Defendant's First Set of Interrogatories,
# 6 Exhibit D - Betco's Answers to Defendant's First Set of Requests for Document
and Things,

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# 7 Exhibit E - February 27, 2013 Letter from Jackson,
# 8 Exhibit F - 30(b)(6) Notice of Deposition,
# 9 Exhibit G - July 9, 2013 Letter from Jackson,
# 10 Exhibit H - July 19, 2013 Email and Attachment,
# 11 Exhibit I - August 16, 2013 Email and Correspondence from Jackson,
# 12 Exhibit J - 8/8/13 Deposition of Anthony J. Lyons,
# 13 Exhibit K - 08/14/13 deposition of Keith W. Kennedy)(Bianchi, Albert)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 09/03/2013)
09/17/2013

61 Supplemental Initial Disclosures filed by Betco Corporation, Ltd.. Related
document(s) 22 .(Jackson, Reginald) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 09/17/2013)

09/17/2013

62 Motion to strike and Request for Pretrial Conference with Memorandum in Support
filed by Plaintiff Betco Corporation, Ltd.. Related document(s) 59 , 60 .
(Attachments:
# 1 Exhibit 1 - Letter)(Jackson, Reginald) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 09/17/2013)

09/18/2013

Notice [Non Document] of Pretrial Conference set for 10/3/2013 at 01:30 PM in
Chambers 210 before Judge Jeffrey J. Helmick. (S,AL) [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 09/18/2013)

09/18/2013

63 Motion for summary judgment filed by B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock, Marilyn Peacock. (Attachments:
# 1 Brief in Support,
# 2 Proposed Findings of Fact,
# 3 Affidavit Third Declaration of Albert Bianchi, Jr.,
# 4 Exhibit A - 07/10/13 Malcolm Peacock Deposition,
# 5 Exhibit B - 07/30/13 Marilyn Peacock Deposition,
# 6 Exhibit C - 07/26/13 Paul Betz Deposition,
# 7 Exhibit D - Asset Purchase Agreement,
# 8 Exhibit E - 07/26/13 Kurt Bischoff Deposition,
# 9 Exhibit F - 07/26/10 Email from Paul Betz,
# 10 Exhibit G - Email chain,
# 11 Exhibit H - Email chain,
# 12 Exhibit I - Email chain,
# 13 Exhibit J - Consulting and Confidentiality Agreement between Betco and Dr.
Barry King,
# 14 Exhibit K - Bischoff List of Questions,
# 15 Exhibit L - April 2012 Email chain between Bischoff and King,
# 16 Exhibit M - Due Diligence Spreadsheet,
# 17 Exhibit N - Email chain,
# 18 Exhibit O - 03/15/11 Notes from trip to Beloit plant,
# 19 Exhibit P - First Page of Seven Reports provided to Betco by LexaMed,
# 20 Exhibit Q - 03/18/12 Powerpoint Presentation,
# 21 Exhibit R - 08/07/13 Simon Forder Deposition,
# 22 Exhibit S - 08/15/13 Derrick Loverich Deposition,
# 23 Exhibit T - 2010 ISO Manual,
# 24 Exhibit U - 07/24/13 Terry Maier Deposition,

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# 25 Exhibit V - Confidential Business Review)(Bianchi, Albert) [Transferred from
Ohio Northern on 3/10/2014.] Modified on 10/20/2014 (voc). (Entered: 09/18/2013)
09/20/2013

Notice [non-document]: Pretrial Conference set for 10/3/2013 at 1:30 PM has been
vacated and rescheduled for 10/2/2013 at 11:00 AM in Chambers 210 before Judge
Jeffrey J. Helmick. (SG,D) [Transferred from Ohio Northern on 3/10/2014.]
(Entered: 09/20/2013)

09/20/2013

Notice [non-document]: Pretrial Conference set for 10/2/2013 at 11:00 am has been
moved to 01:30 PM in Chambers 210 before Judge Jeffrey J. Helmick. (SG,D)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 09/20/2013)

09/24/2013

64 Reply Brief in Support of Rule 37 60 Motion and Brief in Opposition to Plaintiffs
62 Motion to Strike filed by All Defendants. (Bianchi, Albert) Related document(s)
60 Modified on 9/25/2013 to edit text (B,TM). [Transferred from Ohio Northern on
3/10/2014.] (Entered: 09/24/2013)

09/30/2013

65 Reply to response to 62 Motion to strike and Request for Pretrial Conference with
Memorandum in Support filed by Betco Corporation, Ltd.. (Attachments:
# 1 Exhibit 1 - Timkin v. Alcor,
# 2 Exhibit 2 - Infocision v. Foundation,
# 3 Exhibit 3 - Sollitt v. KeyCorp,
# 4 Exhibit 4 - Baker v. Gerdenich,
# 5 Exhibit 5 - Letter from Defendant to Plaintiff,
# 6 Exhibit 6 - Letter from Plaintiff to Defendant)(Jackson, Reginald) [Transferred
from Ohio Northern on 3/10/2014.] (Entered: 09/30/2013)

10/03/2013

66 Order of Status Conference held on 10/2/13. At this time, Defendants' Rule 37
motion (Doc. No. 60) and Plaintiff's motion to strike (Doc. No. 62) are taken under
advisement and will be held in abeyance until further order of the Court.
Additionally, the briefing is stayed on Defendants' motion for summary judgment.
Defendants shall submit their request to Plaintiff regarding the scope of discovery
as to the damages calculation. Defendants shall copy the Court on this request.
Plaintiff to respond to Defendants' requests by close of business on October 25,
2013. The Court will conduct another status conference on October 29, 2013, at
2:30 p.m. Out of town counsel may participate by telephone by contacting
chambers at 419-213-5690 by not later than three business days before said
conference. Judge Jeffrey J. Helmick on 10/3/13. Time: 1 hour(SG,D) [Transferred
from Ohio Northern on 3/10/2014.] (Entered: 10/03/2013)

10/28/2013

67 Notice of Service of Plaintiff's Rule 26(e)(1) Supplemental Disclosures filed by
Betco Corporation, Ltd.. (Jackson, Reginald) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 10/28/2013)

10/29/2013

68 Order of Status Conference held on 10/29/13. Plaintiff's counsel to categorize the
nature of the production in response and rationale for the production at this time.
Plaintiff's counsel shall email their categorization by the close of business on
November 5, 2013. Defense counsel shall email their response to Plaintiff's counsel
by the close of business onNovember 8, 2013. Both sides shall copy the Court on
this correspondence. A further status conference is scheduled for November 13,
2013 at 10:00 a.m. Out of town counsel may participate by telephone by contacting

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chambers at 419-213-5690 by not later than three business days before said
conference. Judge Jeffrey J. Helmick on 10/29/13. Time: 30 min(SG,D)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 10/29/2013)
11/18/2013

69 Order of Status Conference held on 11/13/13. Another Status Conference set for
11/26/2013 at 10:30 AM in Chambers 210 before Judge Jeffrey J. Helmick. Judge
Jeffrey J. Helmick on 11/18/13. Time: 1 hour(SG,D) [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 11/18/2013)

11/27/2013

Minutes of proceedings[non-document] before Judge Jeffrey J. Helmick. Status
Conference held on 11/26/13. Time: 45 minutes. (SG,D) [Transferred from Ohio
Northern on 3/10/2014.] (Entered: 11/27/2013)

11/27/2013

Minute Order [non-document] of Telephone Conference held on 11/27/13. Further
Telephone Conference set for 12/4/2013 at 11:00 AM before Judge Jeffrey J.
Helmick. Judge Jeffrey J. Helmick on 11/27/13. Time: 20 min(SG,D) [Transferred
from Ohio Northern on 3/10/2014.] (Entered: 11/27/2013)

12/04/2013

70 Order of Status Conference held on 12/4/13. The parties have agreed to explore
resolution options and are requested to keep the Court apprized as to those efforts.
The trial date of April 14, 2014, remains on the Court's calendar. Judge Jeffrey J.
Helmick on 12/4/13. Time: 10 min(SG,D) [Transferred from Ohio Northern on
3/10/2014.] (Entered: 12/04/2013)

02/28/2014

71 Memorandum Opinion and Order: Defendants' motion to dismiss for lack of
personal jurisdiction is denied. The Defendants' motion for a transfer of venue
pursuant to 28 U.S.C. § 1404(a) is granted. The Clerk is directed to transfer this
case to the United States District Court for the Western Division of Wisconsin. (Doc
No. 46 and 39). Judge Jeffrey J. Helmick on 2/28/2014. (S,AL) [Transferred from
Ohio Northern on 3/10/2014.] (Entered: 02/28/2014)

02/28/2014

72 Judgment Entry: For the reasons stated in the Memorandum Opinion and Order
filed, Defendants motion to dismiss for lack of personal jurisdiction is denied. The
Defendants' motion to transfer venue pursuant to 28 U.S.C. § 1404(a) is granted.
The Clerk is directed to transfer this case to the United States District Court for the
Western District of Wisconsin. Judge Jeffrey J. Helmick on 2/28/2014. (S,AL)
[Transferred from Ohio Northern on 3/10/2014.] (Entered: 02/28/2014)

03/07/2014

Transfer Case (District) (non document). Judge Jeffrey J. Helmick on 2/28/2014.
(S,AL) [Transferred from Ohio Northern on 3/10/2014.] (Entered: 03/07/2014)

03/10/2014

73 Case transferred in from District of Ohio Northern; Case Number 3:12-cv-01045.
Original file certified copy of transfer order and docket sheet received. (lak)
(Entered: 03/10/2014)

03/11/2014

74 Notice of Appearance filed by David Charles Moore for Plaintiff Betco
Corporation, Ltd. (Moore, David) (Entered: 03/11/2014)

03/11/2014

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (voc) (Entered:
03/11/2014)

03/11/2014

Standard attachments for Magistrate Judge Stephen L. Crocker required to be
served on all parties with summons or waiver of service: Corporate Disclosure

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Statement, Order Regarding Assignment of Civil Cases, Notice of Assignment to a
Magistrate Judge and Consent/Request for Reassignment, Order on Dispositive
Motions. (voc) (Entered: 03/11/2014)
03/11/2014

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 4/3/2014
at 02:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff
responsible for setting up the call to chambers at [phone]. [Standing Order
Governing Preliminary Pretrial Conference attached] (voc) (Entered: 03/11/2014)

03/11/2014

75 Motion to Admit Reginald Sherman Jackson, Jr Pro Hac Vice. ( Pro Hac Vice fee $
50 receipt number 0758-1313412.) by Plaintiff Betco Corporation, Ltd.. (Jackson,
Reginald) (Entered: 03/11/2014)

03/11/2014

76 Motion to Admit Timothy Patrick Nackowicz Pro Hac Vice. ( Pro Hac Vice fee $ 50
receipt number 0758-1313456.) by Plaintiff Betco Corporation, Ltd.. (Nackowicz,
Timothy) (Entered: 03/11/2014)

03/11/2014

77 Corporate Disclosure Statement by Plaintiff Betco Corporation, Ltd. (Moore,
David) (Entered: 03/11/2014)

03/11/2014

78 Motion to Withdraw as Attorney -- O'Neil and Zell by Defendants B. Holdings,
Inc., E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock. Response due
3/18/2014. (Bianchi, Albert) (Entered: 03/11/2014)

03/12/2014

79 ** TEXT ONLY ORDER **
ORDER granting 78 Motion to Withdraw as Attorney. Attorney Colleen M. O'Neil
and Eric S. Zell terminated Signed by Magistrate Judge Stephen L. Crocker on
3/12/2014. (voc) (Entered: 03/12/2014)

03/12/2014

80 ** TEXT ONLY ORDER **
ORDER granting 75 Motion to Admit Reginald Sherman Jackson Pro Hac Vice.
Signed by Magistrate Judge Peter A. Oppeneer on 3/12/2014. (voc) (Entered:
03/12/2014)

03/12/2014

81 ** TEXT ONLY ORDER **
ORDER granting 76 Motion to Admit Timothy Patrick Nackowicz Pro Hac Vice.
Signed by Magistrate Judge Peter A. Oppeneer on 3/12/2014. (voc) (Entered:
03/12/2014)

03/14/2014

Case reassigned to District Judge William M. Conley and Magistrate Judge Stephen
L. Crocker. Related to 12-cv-367. (lak) (Entered: 03/14/2014)

03/18/2014

82 ORDER. 4/3/2014 telephonic conference is canceled. Joint Rule 26 Meeting Report
due 4/4/2014. Telephone Status Conference set for 4/11/2014 at 09:00 AM before
Magistrate Judge Stephen L. Crocker. Counsel for Bio-Systems Corporation
(12-cv-367) responsible for setting up the call to chambers at [phone].
Signed by Magistrate Judge Stephen L. Crocker on 3/17/14. (jat) (Entered:
03/18/2014)

04/04/2014

83 Joint Preliminary Pretrial Conference Report by Defendants B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock, Plaintiff Betco
Corporation, Ltd. (Jackson, Reginald) (Entered: 04/04/2014)

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Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Status Conference held on 4/11/2014 [:30] (cak) (Entered: 04/11/2014)

04/15/2014

84 ** TEXT ONLY ORDER **
At the April 11, 2014 telephonic status and scheduling conference, the court
discussed with the parties their positions on consolidating the cases numbered
12-cv-367 and 14-cv-193. For reasons stated in more detail at the hearing, it is
ORDERED that the cases are consolidated for all pretrial purposes, and will be tried
sequentially to the court starting on June 15, 2015. Any party may move to change
any portion of the schedule set forth in the preliminary pretrial conference order, but
this will not affect consolidation, which the court views as a matter of procedural
efficiency, not a substantive finding that the cases are intertwined. Signed by
Magistrate Judge Stephen L. Crocker on 4/15/2014. Associated Cases: 3:12-cv00367-wmc, 3:14-cv-00193-wmc. (arw) (Entered: 04/15/2014)

04/15/2014

85 Pretrial Conference Order: Dispositive Motions due 12/12/2014. Settlement Letters
due 5/1/2015. Final Pretrial Submissions due 5/18/2015. Sequential Bench Trials
set for 6/15/2015 at 9:00 AM. Signed by Magistrate Judge Stephen L. Crocker on
4/14/2014. Associated Cases: 3:12-cv-00367-wmc, 3:14-cv-00193-wmc. (arw)
(Entered: 04/15/2014)

05/01/2014

86 Motion to Amend/Correct (and Brief) Scheduling Order and for Other Relief by
Defendants B. Holdings, Inc., E. Holdings, LLC, Malcolm D. Peacock, Marilyn
Peacock. Response due 5/8/2014. Associated Cases: 3:14-cv-00193-wmc, 3:12-cv00367-wmc (Bianchi, Albert) Modified on 5/2/2014. (lak) (Entered: 05/01/2014)

05/01/2014

87 Declaration of Albert Bianchi, Jr. filed by Defendants B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock re: (43 in 3:12-cv00367-wmc) Motion to Amend/Correct, (Attachments:
# 1 Exhibit 01 - Betco's 09/07/12 Initial Disclosures,
# 2 Exhibit 02 - Peacock's First Set of Requests for Documents and Things to
Betco,
# 3 Exhibit 03 - Peacock's First Set of Interrogatories to Betco,
# 4 Exhibit 04 - Betco's Answers to Peacock's First Set of Interrogatories,
# 5 Exhibit 05 - Betco's Responses to Peacock's First Set of Requests for
Documents and Things,
# 6 Exhibit 06 - Email chain ending 12/03/12,
# 7 Exhibit 07 - Email chain ending 12/07/12,
# 8 Exhibit 08 - Email chain ending 12/18/12,
# 9 Exhibit 09 - 01/14/13 ltr from Peacocks' Counsel to Betco's Counsel,
# 10 Exhibit 10 - 01/18/13 Letter from Peacocks' Counsel to Betco's Counsel,
# 11 Exhibit 11 - 02/27/13 Letter from Betco's counsel to Peacocks' counsel,
# 12 Exhibit 12 - 09/17/13 Letter from Betco's counsel to Peacocks' counsel,
# 13 Exhibit 13 - 09/20/13 Letter from Peacocks' counsel to Betco's counsel,
# 14 Exhibit 14 - 09/30/13 Letter from Betco's counsel to Peacocks' counsel,
# 15 Exhibit 15 - 10/03/13 Letter from Peacocks' counsel to Betco's counsel,
# 16 Exhibit 16 - 10/08/13 Letter from Betco's counsel to Peacocks' counsel,
# 17 Exhibit 17 - 10/09/13 Letter from Betco's counsel to Peacocks' counsel,
# 18 Exhibit 18 - 10/11/13 Letter from Betco's counsel to Peacocks' counsel,
# 19 Exhibit 19 - 10/17/13 Letter from Betco's counsel to Peacocks' counsel,

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# 20 Exhibit 20 - 10/23/13 Letter from Betco's counsel to Peacocks' counsel,
# 21 Exhibit 21 - 10/23/13 Letter from Peacocks' counsel to Betco's counsel,
# 22 Exhibit 22 - 10/25/13 Letter from Betco's counsel to Peacocks' counsel,
# 23 Exhibit 23 10/25/13 Letter from Nackowicz to Peacocks' counsel,
# 24 Exhibit 24 - 10/28/13 Letter from Peacocks' counsel to Betco's counsel,
# 25 Exhibit 25 - 11/05/13 Letter from Betco's counsel to Peacocks' counsel,
# 26 Exhibit 26 - 11/08/13 Letter from Peacocks' counsel to Betco's counsel,
# 27 Exhibit 27 - 11/13/13 Email from Garcia-Feehan to Counsel,
# 28 Exhibit 28 - 11/14/13 Letter from Peacocks' counsel to Judge Helmick,
# 29 Exhibit 29 - 11/19/13 Letter from Betco's counsel to Judge Helmick,
# 30 Exhibit 30 11/27/13 ECF Notice,
# 31 Exhibit 31 Email chain ending 11/27/13,
# 32 Exhibit 32 - 11/27/13 ECF Notice,
# 33 Exhibit 33 - Email chain ending 12/19/13,
# 34 Exhibit 34 - Email chain ending 01/31/14,
# 35 Exhibit 35 - Email chain ending 02/07/14,
# 36 Exhibit 36 - Email chain ending 02/12/14) Associated Cases: 3:14-cv00193-wmc, 3:12-cv-00367-wmc (Bianchi, Albert) (Entered: 05/01/2014)
05/02/2014

88 Motion for Extension of Time by Plaintiff Betco Corporation, Ltd., Defendant
Bio-Systems of Ohio LLC. Motions referred to Magistrate Judge Stephen L.
Crocker. Response due 5/9/2014. Associated Cases: 3:14-cv-00193-wmc, 3:12-cv00367-wmc (Moore, David) (Entered: 05/02/2014)

05/02/2014

89 Affidavit of David C. Moore filed by Plaintiff Betco Corporation, Ltd., Defendant
Bio-Systems of Ohio LLC re: (45 in 3:12-cv-00367-wmc) MOTION for Extension
of Time, Associated Cases: 3:14-cv-00193-wmc, 3:12-cv-00367-wmc (Moore,
David) (Entered: 05/02/2014)

05/02/2014

Reset Deadlines as to (43 in 3:12-cv-00367-wmc, 86 in 3:14-cv-00193-wmc)
Motion to Amend/Correct (and Brief) to Amend Scheduling Order and for Other
Relief. Response due 5/16/2014. Brief in Reply due 5/23/2014. Associated Cases:
3:12-cv-00367-wmc, 3:14-cv-00193-wmc. (jat/slc) (Entered: 05/02/2014)

05/16/2014

90 Brief in Opposition by Plaintiff Betco Corporation, Ltd. re: (86 in 3:14-cv00193-wmc, 43 in 3:12-cv-00367-wmc) Motion to Amend/Correct, filed by B.
Holdings, Inc., Marilyn Peacock, Malcolm D. Peacock, E. Holdings, LLC
Associated Cases: 3:14-cv-00193-wmc, 3:12-cv-00367-wmc (Gehrig, Sara)
(Entered: 05/16/2014)

05/16/2014

91 Affidavit of Timothy P. Nackowicz filed by Plaintiff Betco Corporation, Ltd. re: (43
in 3:12-cv-00367-wmc, 86 in 3:14-cv-00193-wmc) Motion to Amend/Correct,
(Attachments:
# 1 Exhibit 1 - Deposition of Anthony Lyons,
# 2 Exhibit 2 - Defendant Peacocks' discovery responses,
# 3 Exhibit 3 - 5/3/13 letter from Betco's counsel to Peacocks' counsel,
# 4 Exhibit 4 - Peacocks' Notice of Corporate Deposition to Betco,
# 5 Exhibit 5 - 6/27/13 letter from Betco to Peacocks' counsel,
# 6 Exhibit 6 - File documentation on pallets of documents produced to Peacock,
# 7 Exhibit 7 - Judge Helmick Order dated 10/3/13 as doc# 66,

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# 8 Exhibit 8 - 10/8/13 letter from Betco's counsel to Peacocks' counsel,
# 9 Exhibit 9 - 10/9/13 letter from Betco's counsel to Peacock's counsel,
# 10 Exhibit 10 - 10/11/13 letter from Betco's counsel to Peacocks' counsel,
# 11 Exhibit 11 - 10/17/13 letter from Betco's counsel to Peacocks' counsel,
# 12 Exhibit 12 - 10/23/13 letter from Betco's counsel to Peacocks' counsel,
# 13 Exhibit 13 - 10/23/13 letter from Peacocks' counsel to Betco's counsel,
# 14 Exhibit 14 - 10/25/13 letters from Betco's counsel to Peacocks' counsel,
# 15 Exhibit 15 - 10/28/13 letter from Peacocks' counsel to Betco's counsel,
# 16 Exhibit 16 - Judge Helmick Order dated 10/29/13 as doc#68,
# 17 Exhibit 17 - 11/5/13 letter from Betco's counsel to Peacocks' counsel,
# 18 Exhibit 18 - 11/8/13 letter from Peacocks' counsel to Betco's counsel,
# 19 Exhibit 19 - 11/14/13 letter from Peacocks' counsel to Judge Helmick,
# 20 Exhibit 20 - 11/19/13 letter from Betco's counsel to Judge Helmick) Associated
Cases: 3:14-cv-00193-wmc, 3:12-cv-00367-wmc (Gehrig, Sara) (Entered:
05/16/2014)
05/23/2014

92 Brief in Reply by Defendants B. Holdings, Inc., E. Holdings, LLC, Malcolm D.
Peacock, Marilyn Peacock, Bio-Systems of Ohio LLC in Support of (86 in 3:14-cv00193-wmc, 43 in 3:12-cv-00367-wmc) Motion to Amend/Correct, Associated
Cases: 3:14-cv-00193-wmc, 3:12-cv-00367-wmc (Turke, Mary) (Entered:
05/23/2014)

05/23/2014

93 Second Declaration of Albert Bianchi, Jr. filed by Defendants B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock, Bio-Systems of Ohio LLC
re: (43 in 3:12-cv-00367-wmc, 86 in 3:14-cv-00193-wmc) Motion to
Amend/Correct, (Attachments:
# 1 Exhibit 1 - 07/02/13 Letter) Associated Cases: 3:14-cv-00193-wmc, 3:12-cv00367-wmc (Turke, Mary) (Entered: 05/23/2014)

06/24/2014

94 Supplemental Rule 26 Initial Disclosure Report by Plaintiff Betco Corporation,
Ltd., Defendant Bio-Systems of Ohio LLC, Counter Claimant Bio-Systems of Ohio
LLC, (Sealed Document) (Attachments:
# 1 Exhibit 1 - Damages (Betco-81013 - Betco-81115),
# 2 Exhibit 2 - Damages (Betco-81116 - Betco-81141)) Associated Cases: 3:12-cv00367-wmc, 3:14-cv-00193-wmc (Jackson, Reginald) (Entered: 06/24/2014)

07/22/2014

95 ORDER Regarding Jurisdiction. Plaintiff shall have until August 5, 2014, to file
and serve an amended complaint containing good faith allegations sufficient to
establish complete diversity of citizenship for purposes of determining subject
matter jurisdiction under 28 U.S.C. § 1332; failure to amend timely shall result in
prompt dismissal of this matter for lack of subject matter jurisdiction. Proof of
Diversity Citizenship due 8/5/2014. Signed by District Judge William M. Conley on
7/22/2014. (voc) Modified on 8/4/2014 (jat). (Entered: 07/22/2014)

07/29/2014

96 AMENDED COMPLAINT against B. Holdings, Inc., E. Holdings, LLC, Malcolm
D. Peacock, Marilyn Peacock, filed by Betco Corporation, Ltd. Associated Cases:
3:14-cv-00193-wmc, 3:12-cv-00367-wmc (Gehrig, Sara) (Entered: 07/29/2014)

08/11/2014

97 ANSWER to Amended Complaint by Defendants B. Holdings, Inc., E. Holdings,
LLC, Malcolm D. Peacock, Marilyn Peacock, Bio-Systems of Ohio LLC.
Associated Cases: 3:14-cv-00193-wmc, 3:12-cv-00367-wmc (Turke, Mary)

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09/29/2014

98 Expert Witness Disclosures by Plaintiffs Betco Corporation, Ltd., Bio-Systems
Corporation, Ltd. Associated Cases: 3:14-cv-00193-wmc, 3:12-cv-00367-wmc
(Jackson, Reginald) (Entered: 09/29/2014)

10/20/2014

99 ORDER granting in part and denying in part 86 Motion to Amend/Correct and
Brief Scheduling Order and for Other Relief by Defendants. Signed by District
Judge William M. Conley on 10/20/2014. (voc) (Entered: 10/20/2014)

10/20/2014

Reset Deadlines as to 63 Motion for summary judgment filed by B. Holdings, Inc.,
E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock. Brief in Opposition due
11/21/2014. Brief in Reply due 12/5/2014. (voc) (Entered: 10/20/2014)

10/27/2014

100 (Sealed Document), Supplemental Rule 26 Initial Disclosure Report by Plaintiff
Betco Corporation, Ltd., Defendant Bio-Systems of Ohio LLC, Counter Claimant
Bio-Systems of Ohio LLC, (Attachments:
# 1 Exhibit 1 - Betco-81142 through Betco-81254,
# 2 Exhibit 2 - Betco-81255 through Betco-81283,
# 3 Exhibit 3 - Betco-81284 through Betco-81423) Associated Cases: 3:14-cv00193-wmc, 3:12-cv-00367-wmc (Jackson, Reginald) Modified on 10/28/2014.
(lak) (Entered: 10/27/2014)

10/27/2014

101 Redaction to 54 Supplemental Rule 26 Initial Disclosure Report by Plaintiff Betco
Corporation, Ltd., Defendant Bio-Systems of Ohio LLC, Counter Claimant
Bio-Systems of Ohio LLC, (Attachments:
# 1 Exhibit 1 - Betco-81142 through Betco-81254,
# 2 Exhibit 2 - Betco-81255 through Betco-81283,
# 3 Exhibit 3 - Betco-81284 through Betco-81423) Associated Cases: 3:14-cv00193-wmc, 3:12-cv-00367-wmc (Jackson, Reginald) Modified on 10/28/2014.
(lak) (Entered: 10/27/2014)

11/21/2014

102 Brief in Opposition by Plaintiff Betco Corporation, Ltd., Defendant Bio-Systems of
Ohio LLC re: (63 in 3:14-cv-00193-wmc) Motion for Summary Judgment, filed by
B. Holdings, Inc., Marilyn Peacock, Malcolm D. Peacock, E. Holdings, LLC.
Associated Cases: 3:14-cv-00193-wmc, 3:12-cv-00367-wmc (Gehrig, Sara)
Modified on 11/24/2014. (lak) (Entered: 11/21/2014)

11/21/2014

103 Response to Proposed Findings of Fact filed by Plaintiff Betco Corporation, Ltd.,
Defendant Bio-Systems of Ohio LLC re: (63 in 3:14-cv-00193-wmc) Motion for
Summary Judgment. Associated Cases: 3:14-cv-00193-wmc, 3:12-cv-00367-wmc
(Gehrig, Sara) Modified on 11/24/2014. (lak) (Entered: 11/21/2014)

11/21/2014

104 Supplemental Proposed Findings of Fact filed by Plaintiff Betco Corporation, Ltd.,
Defendant Bio-Systems of Ohio LLC re: (63 in 3:14-cv-00193-wmc) Motion for
Summary Judgment. Associated Cases: 3:14-cv-00193-wmc, 3:12-cv-00367-wmc
(Gehrig, Sara) Modified on 11/24/2014. (lak) (Entered: 11/21/2014)

11/21/2014

105 Affidavit of Keith Kennedy filed by Plaintiff Betco Corporation, Ltd., Defendant
Bio-Systems of Ohio LLC re: (63 in 3:14-cv-00193-wmc) Motion for Summary
Judgment. Associated Cases: 3:14-cv-00193-wmc, 3:12-cv-00367-wmc. (Gehrig,
Sara) Modified on 11/24/2014. (lak) (Entered: 11/21/2014)

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11/21/2014

106 Second Affidavit of Tony Lyons filed by Plaintiff Betco Corporation, Ltd.,
Defendant Bio-Systems of Ohio LLC re: (63 in 3:14-cv-00193-wmc) Motion for
Summary Judgment, (Attachments:
# 1 Exhibit 1 - Betco's Questions to Defendants,
# 2 Exhibit 2 - Defendant's Responses to Betco's Questions,
# 3 Exhibit 3 - Betco's Responses to Interrogatories). Associated Cases: 3:14-cv00193-wmc, 3:12-cv-00367-wmc. (Gehrig, Sara) Modified on 11/24/2014. (lak)
(Entered: 11/21/2014)

11/24/2014

107 Affidavit of Sara L. Gehrig-Woodman filed by Plaintiff Betco Corporation, Ltd.,
Defendant Bio-Systems of Ohio LLC re: (63 in 3:14-cv-00193-wmc) Motion for
Summary Judgment, (Attachments:
# 1 Exhibit 1 - Affidavit of Denise Lennard,
# 2 Exhibit 2 - Affidavit of Tony Lyons) Associated Cases: 3:14-cv-00193-wmc,
3:12-cv-00367-wmc (Gehrig, Sara) (Entered: 11/24/2014)

11/24/2014

108 Disregard. See 114 . Modified on 11/24/2014. (lak) (Entered: 11/24/2014)

11/24/2014

109 Disregard. See 115 . Modified on 11/24/2014. (lak) (Entered: 11/24/2014)

11/24/2014

110 Disregard. See 116 . Modified on 11/24/2014. (lak) (Entered: 11/24/2014)

11/24/2014

111 Disregard. See 117 . Modified on 11/24/2014. (lak) (Entered: 11/24/2014)

11/24/2014

112 Disregard. See 118 . Modified on 11/25/2014. (lak) (Entered: 11/24/2014)

11/24/2014

113 Disregard. See 119 . Modified on 11/25/2014. (lak) (Entered: 11/24/2014)

11/24/2014

114 Deposition of Keith Kennedy taken on August 14, 2013. (Attachments:
# 1 Exhibit 118 - Certificate of Analysis,
# 2 Exhibit 119 - Chempace Corporation Product Bulletin) Associated Cases:
3:14-cv-00193-wmc, 3:12-cv-00367-wmc (Gehrig, Sara) (Entered: 11/24/2014)

11/24/2014

115 Deposition of Neil Seeger taken on August 14, 2013. (Attachments:
# 1 Exhibit 129 - LexaMed Report Excerpt,
# 2 Exhibit 130 - March 23, 2012 E-mail Thread,
# 3 Exhibit 131 - Fermenter Process Sheet,
# 4 Exhibit 132 - May 2, 2012 E-mail,
# 5 Exhibit 133 - Powerpoint Presentation - BSI Analysis: Concerns, Issues, &
Course of Action,
# 6 Exhibit 134 - May 16, 2012 E-mail,
# 7 Exhibit 135 - October 1, 2011 E-mail Thread,
# 8 Exhibit 136 - May 2, 2012 E-mail Thread,
# 9 Exhibit 137 - May 17, 2012 E-mail Thread,
# 10 Exhibit 138 - May 2, 2012 E-mail Thread,
# 11 Exhibit 139 - May 1, 2012 E-mail Thread,
# 12 Exhibit 140 - May 2, 2012 E-mail Thread,
# 13 Exhibit 141 - Wet Batch Historical Data of Total Veg Counts Spreadsheet,
# 14 Exhibit 142 - April 16, 2012 E-mail Thread,
# 15 Exhibit 143 - April 16, 2012 E-mail Thread,
# 16 Exhibit 144 - Aprl 10, 2012 E-mail Thread,
# 17 Exhibit 145 - May 24, 2012 E-mail Thread,

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# 18 Exhibit 146 - April 23, 2012 E-mail) Associated Cases: 3:14-cv-00193-wmc,
3:12-cv-00367-wmc (Gehrig, Sara) (Entered: 11/24/2014)
11/24/2014

116 Deposition of Peter John Reilly taken on July 29, 2013. (Attachments:
# 1 Exhibit 23 - Notice to Take Deposition of Peter J. Reilly,
# 2 Exhibit 24 - Bacterial Fermentation Basics and Analysis of the Beloit Bacillus
Production Process,
# 3 Exhibit 25 - May 17, 2013 E-mail Thread) Associated Cases: 3:14-cv00193-wmc, 3:12-cv-00367-wmc (Gehrig, Sara) (Entered: 11/24/2014)

11/24/2014

117 Deposition of Stephen Zachary Royko taken on July 31, 2013. (Attachments:
# 1 Exhibit 35 - May 18, 2010 E-mail Thread,
# 2 Exhibit 36 - E-mail to Steve Royko from Tony Lyons dated June 2, 2010 and
May 18, 2010 E-mail Thread,
# 3 Exhibit 37 - E-mail to Tony Lyons from Steve Royko dated June 2, 2010,
# 4 Exhibit 38 - E-mail to Tony Lyons and Paul Betz from Steve Royko dated June
6, 2010 with attachments,
# 5 Exhibit 39 - E-mail to Steve Royko from Tony Lyons dated June 16, 2010 with
attachment and E-mail to Tony Lyons from Steve Royko dated June 17, 2010,
# 6 Exhibit 40 - E-mail Thread dated June 23 and 24, 2010 between Steve Royko
and Tony Lyons,
# 7 Exhibit 41 - E-mail to Paul Betz from Tony Lyons dated June 25, 2010 and
E-mail Thread between Steven Royko and Tony Lyons dated June 23 and 24, 2010,
# 8 Exhibit 42 - E-mail to Steve Royko from Tony Lyons dated July 13, 2010 and
attached letter of intent to Malcolm Peacock from Paul Betz dated July 13, 2010,
# 9 Exhibit 43 - E-mail to Tony Lyons from Steve Royko dated July 27, 2010 with
attachments,
# 10 Exhibit 44 - E-mail to Tony Lyons from Steve Royko dated July 28, 2010 with
attached signed letter of intent,
# 11 Exhibit 45 - E-mail to Tony Lyons from Steve Royko dated August 26, 2010)
Associated Cases: 3:14-cv-00193-wmc, 3:12-cv-00367-wmc (Gehrig, Sara)
(Entered: 11/24/2014)

11/24/2014

118 Deposition of Anthony J Lyons taken on August 8, 2013. (Attachments:
# 1 Exhibit 35 - Bio-Systems International Folder and Contents,
# 2 Exhibit 36 - Due Diligence Folder and Contents,
# 3 Exhibit 37 - Bio-Reconcile Book/Tax Folder and Contents,
# 4 Exhibit 38 - June 3, 2010 E-mail Thread,
# 5 Exhibit 39 - June 17, 2010 E-mail Thread,
# 6 Exhibit 40 - June 23, 2010 Letter to Malcolm Peacock,
# 7 Exhibit 41 - June 25, 2010 E-mail Thread,
# 8 Exhibit 42 - June 29, 2010 E-mail to Paul Betz from Tony Lyons,
# 9 Exhibit 43 - June 29, 2010 E-mail to Denise Lennard from Tony Lyons,
# 10 Exhibit 44 - July 13, 2010 E-mail to Denise Lennard from Tony Lyons with
attachments,
# 11 Exhibit 45 - July 15, 2010 E-mail Thread,
# 12 Exhibit 46 - July 19, 2010 E-mail to Steve Royko from Tony Lyons,
# 13 Exhibit 47 - July 26, 2010 E-mail Thread,
# 14 Exhibit 48 - Due Diligence List,

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# 15 Exhibit 49 - Bio Systems - Planning Meeting For Due Diligence Work Memo,
# 16 Exhibit 50 - July 27, 2010 E-mail to Tony Lyons from Steve Royko,
# 17 Exhibit 51 - July 27, 2010 E-mail to Paul Betz, Denise Lennard, Jeff Culver
and John Henson from Tony Lyons,
# 18 Exhibit 52 - Excel Spreadsheet,
# 19 Exhibit 53 - Handwritten Notes,
# 20 Exhibit 54 - July 29, 2010 Bio Systems Agenda For Due Diligence Work on
Site,
# 21 Exhibit 55 - July 30, 2010 E-mail Thread,
# 22 Exhibit 56 - August 2, 2010 Bio Systems Agenda For Due Diligence Work On
Site,
# 23 Exhibit 57 - August 2, 2010 E-mail Thread,
# 24 Exhibit 58 - August 9, 2010 Email to Steve Royko from Tony Lyons,
# 25 Exhibit 59 - August 10, 2010 E-mail Thread,
# 26 Exhibit 60 - August 10, 2010 E-mail to Paul Betz from Tony Lyons,
# 27 Exhibit 61 - August 13, 2010 E-mail to Paul Betz from Tony Lyons with
attachment,
# 28 Exhibit 62 - August 16, 2010 E-mail Thread with Due Diligence for
Marketing,
# 29 Exhibit 63 - August 18, 2010 E-mail to Paul Betz from Tony Lyons,
# 30 Exhibit 64 - August 23, 2010 E-mail Thread,
# 31 Exhibit 65 - September 3, 2010 E-mail to Paul Betz, Daniel J. LaValley, Denise
Lennard and Bill Beery from Tony Lyons,
# 32 Exhibit 66 - September 7, 2010 E-mail to Paul Betz from Tony Lyons,
# 33 Exhibit 67 - Calculation of Multiples Related to Purchase Price,
# 34 Exhibit 68 - Monthly Estimates of Some of Bio Systems' Adjustments,
# 35 Exhibit 69 - September 14, 2010 E-mail Thread,
# 36 Exhibit 70 - Bio Systems First 100 Days Folder and Contents,
# 37 Exhibit 71 - September 21, 2010 E-mail Thread,
# 38 Exhibit 72 - List of Open Items,
# 39 Exhibit 73 - Bio-Systems & Enviro-Zyme Tangible Personal Property Assets
Fair Value,
# 40 Exhibit 74 - October 29, 2010 E-mail to Paul Betz from Tony Lyons,
# 41 Exhibit 75 - November 2, 2010 E-mail to Denise Lennard from Tony Lyons,
# 42 Exhibit 76 - November 4, 2010 E-mail to Kurt Bischoff from Tony Lyons,
# 43 Exhibit 77 - November 5, 2010 E-mail to Bill Beery, Sandra Whaley and
Denise Lennard from Tony Lyons,
# 44 Exhibit 78 - November 5, 2010 E-mail to Malcolm Peacock, Bill Beery and
Denise Lennard from Tony Lyons,
# 45 Exhibit 79 - November 5, 2010 E-mail to Denise Lennard from Tony Lyons,
# 46 Exhibit 80 - November 9, 2010 Email to Paul Betz, Denise Lennard and Bill
Beery from Tony Lyons,
# 47 Exhibit 81 - November 23, 2010 E-mail Thread,
# 48 Exhibit 82 - Summary of Issues with Malcolm as of January 23, 2012,
# 49 Exhibit 83 - February 2, 2012 Email Thread,
# 50 Exhibit 84 - March 7, 2012 Email Thread,
# 51 Exhibit 85 - April 5, 2012 Email Thread,
# 52 Exhibit 86 - May 25, 2012 E-mail Thread,

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# 53 Exhibit 87 - June 17, 2012 Memo to Tony Lyons, Denise Lennard and Brad
Betz from Paul Betz,
# 54 Exhibit 88 - June 25, 2012 Memo to Tony Lyons, Bill Beery and Denise
Lennard from Paul Betz,
# 55 Exhibit 89 - Biosystems Info for Amy,
# 56 Exhibit 90 - Bio-Systems Consolidated Summary Details) Associated Cases:
3:14-cv-00193-wmc, 3:12-cv-00367-wmc (Gehrig, Sara) (Entered: 11/24/2014)
11/24/2014

119 Deposition of Mindy Walters taken on August 15, 2013. (Attachments:
# 1 Exhibit 147 - February 7, 2000 Fax,
# 2 Exhibit 148 - Synbiosis ProtoCOL Colony Counter 3.15,
# 3 Exhibit 149 - Customer WOrk Order/Packing Slip,
# 4 Exhibit 150 - Count Sheet,
# 5 Exhibit 151 - Count Sheet,
# 6 Exhibit 152 - LRQA Surveillance #1 Report,
# 7 Exhibit 153 - April 13, 2012 E-mail,
# 8 Exhibit 154 - Bio-Systems Culture List,
# 9 Exhibit 155 - Bio-Systems Culture List,
# 10 Exhibit 156 - April 25, 2012 Email Thread,
# 11 Exhibit 157 - Invoice with attachment,
# 12 Exhibit 158 - Printouts,
# 13 Exhibit 159 - Handwritten Notes,
# 14 Exhibit 160 - Bio-Systems, "How Do We Count Billions of Bugs?",
# 15 Exhibit 161 - April 11, 2012 E-mail Thread,
# 16 Exhibit 162 - Certificate of Analysis,
# 17 Exhibit 163 - June 8, 2012 E-mail Thread,
# 18 Exhibit 164 - January 6, 2012 Email Thread,
# 19 Exhibit 165 - August 3, 2011 Email Thread,
# 20 Exhibit 166 - April 5, 2012 E-mail Thread,
# 21 Exhibit 167 - March 26, 2012 Email Thread,
# 22 Exhibit 168 - April 25, 2012 Email Thread,
# 23 Exhibit 169 - January 6, 2012 Email Thread,
# 24 Exhibit 170 - May 1, 2012 Email Thread,
# 25 Exhibit 171 - December 22, 2011 Email Thread,
# 26 Exhibit 172 - April 10, 2012 Email Thread,
# 27 Exhibit 173 - Mindy Walters CV) Associated Cases: 3:14-cv-00193-wmc,
3:12-cv-00367-wmc (Gehrig, Sara) (Entered: 11/24/2014)

11/24/2014

120 Deposition of Robert Reich taken on July 25, 2013. (Attachments:
# 1 Exhibit A - LexaMed Assessment of Bio-Systems International's Operation,
# 2 Exhibit B - LexaMed Synopsis of Initial Laboratory Evaluations for
Bio-Systems International,
# 3 Exhibit C - LexaMed Summary Report for Laboratory Evaluations of Seven (7)
Lots of Bio-Systems International Intermediate Product,
# 4 Exhibit D - Robert Reich CV,
# 5 Exhibit E - LexaMed Summary Report for Laboratory Evaluations of Seven (7)
Streaked Plates (IP Samples and BH2500) Submitted by Bio-Systems Internatioanl,
# 6 Exhibit F - LexaMed Revised Report,
# 7 Exhibit G - LexaMed Evaluation of Bio-Systems International Intermediate

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Product Summary Analysis for Wet Process Manufacturing,
# 8 Exhibit H - LexaMed Investigation of Bio-Systems International Wet Process
Manufacturing for Potential Contamination Sources of Intermediate Product,
# 9 Exhibit I - LexaMed Environmental Monitoring,
# 10 Exhibit J - Biosystems PowerPoint on Wet Manufacturing Process,
# 11 Exhibit K - LexaMed Assessment of Bio-Systems International's Operation,
# 12 Exhibit L - Microbial Atlas for Pseudomonas putida,
# 13 Exhibit M - LexaMed Evaluation of Bio-Systems International Intermediate
Product,
# 14 Exhibit N - Biosystems International Powerpoint on Wet Manufacturing
Process,
# 15 Exhibit O - LexaMed Revised Report on Evaluation of Bio-Systems
International Intermediate Product Summary Analyses for Wet Process
Manufacturing,
# 16 Exhibit P - Basic Microbiology,
# 17 Exhibit Q - April 17, 2012 Email Thread,
# 18 Exhibit R - May 25, 2012 Email Thread) Associated Cases: 3:14-cv00193-wmc, 3:12-cv-00367-wmc (Gehrig, Sara) (Entered: 11/24/2014)
12/02/2014

121 STIPULATION of Dismissal of Remaining Claims in Case No. 12-cv-367.
Associated Cases: 3:12-cv-00367-wmc, 3:14-cv-00193-wmc (Gehrig, Sara)
Modified on 12/3/2014. (lak) (Entered: 12/02/2014)

12/03/2014

122 ORDER granting (75) Stipulation of Dismissal of claims in case 3:12-cv00367-wmc. Signed by District Judge William M. Conley on 12/3/14. Associated
Cases: 3:12-cv-00367-wmc, 3:14-cv-00193-wmc (rep) (Entered: 12/03/2014)

12/05/2014

123 Reply in Support of Proposed Findings of Fact filed by Defendants B. Holdings,
Inc., E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock re: 63 Motion for
Summary Judgment. (Turke, Mary) Modified on 12/6/2014. (lak) (Entered:
12/05/2014)

12/05/2014

124 Response to Additional Proposed Findings of Fact filed by Defendants B. Holdings,
Inc., E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock re: 63 Motion for
Summary Judgment. (Turke, Mary) Modified on 12/6/2014. (lak) (Entered:
12/05/2014)

12/05/2014

125 Brief in Reply by Defendants B. Holdings, Inc., E. Holdings, LLC, Malcolm D.
Peacock, Marilyn Peacock in Support of 63 Motion for Summary Judgment.
(Turke, Mary) Modified on 12/6/2014. (lak) (Entered: 12/05/2014)

01/21/2015

126 Supplemental Rule 26 Initial Disclosure Report by Plaintiff Betco Corporation,
Ltd., (Sealed Document) (Attachments:
# 1 Exhibit 1 - Summary of Calculation of Overpayment,
# 2 Exhibit 2 - Documentation on Purchases) (Jackson, Reginald) (Entered:
01/21/2015)

01/21/2015

127 Supplemental Rule 26 Initial Disclosure Report by Plaintiff Betco Corporation, Ltd.
(Attachments:
# 1 Exhibit 1 - (Redacted) Summary of Calculation of Overpayment,
# 2 Exhibit 2 - (Redacted) Documentation on Purchases) (Jackson, Reginald)

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(Entered: 01/21/2015)
02/27/2015

128 ORDER granting in part and denying in part 63 Motion for Summary Judgment.
Plaintiff Betco Corporation has until 3/20/2015 to file a response only addressing
defendant's newly-raised damages argument. Defendants may file and additional
motion for summary judgment on or before 3/20/2015. Plaintiff may have 14 days
to respond; no reply will be allowed unless invited by the court. Signed by District
Judge William M. Conley on 2/27/2015. (voc) (Entered: 02/27/2015)

03/06/2015

129 Supplemental Expert Witness Disclosures by Plaintiff Betco Corporation, Ltd.
(Attachments:
# 1 Exhibit A - Updated Resume of Keith Kennedy) (Jackson, Reginald) (Entered:
03/06/2015)

03/11/2015

130 Motion to Admit Adam S. Nightingale Pro Hac Vice. ( Pro Hac Vice fee $ 50
receipt number 0758-1516521.) by Plaintiff Betco Corporation, Ltd. Motions
referred to Magistrate Judge Stephen L. Crocker. (Nightingale, Adam) (Entered:
03/11/2015)

03/11/2015

131 ** TEXT ONLY ORDER **
ORDER granting 130 Motion to Admit Adam S. Nightingale Pro Hac Vice. Signed
by Magistrate Judge Peter A. Oppeneer on 3/11/2015. (lak) (Entered: 03/11/2015)

03/20/2015

132 Response re: 128 Order on Motion for Summary Judgment, by Plaintiff Betco
Corporation, Ltd. (Gehrig, Sara) (Entered: 03/20/2015)

03/20/2015

133 Affidavit of Sara L. Gehrig-Woodman filed by Plaintiff Betco Corporation, Ltd. re:
128 Order on Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1 - Deposition of Simon Forder, Northern District of Ohio Case No.:
12-cv-1045,
# 2 Exhibit 2 - Hyde Reports) (Gehrig, Sara) Modified on 3/23/2015. (lak)
(Entered: 03/20/2015)

03/20/2015

134 Affidavit of Derek Loverich filed by Plaintiff Betco Corporation, Ltd. re: 128 Order
on Motion for Summary Judgment. (Gehrig, Sara) (Entered: 03/20/2015)

03/20/2015

135 Third Affidavit of Tony Lyons filed by Plaintiff Betco Corporation, Ltd. re: 128
Order on Motion for Summary Judgment, (Attachments:
# 1 Exhibit 1 - EBITDA Analysis,
# 2 Exhibit 2 - Fixed Asset Listing) (Gehrig, Sara) (Entered: 03/20/2015)

03/20/2015

136 Second MOTION FOR SUMMARY JUDGMENT by Defendants B. Holdings,
Inc., E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock. Brief in Opposition
due 4/10/2015. Brief in Reply due 4/20/2015. (Turke, Mary) (Entered: 03/20/2015)

03/20/2015

137 Proposed Findings of Fact filed by Defendants B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock, Marilyn Peacock re: 136 Motion for Summary Judgment.
(Turke, Mary) (Entered: 03/20/2015)

03/20/2015

138 Declaration of Malcolm D. Peacock filed by Defendants B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock re: 136 Motion for
Summary Judgment (Attachments:
# 1 Exhibit 1 - Employment Agreement) (Turke, Mary) (Entered: 03/20/2015)

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03/23/2015

Reset Deadlines as to 136 Second MOTION FOR SUMMARY JUDGMENT. Brief
in Opposition due 4/3/2015. (voc) (Entered: 03/23/2015)

04/03/2015

139 Brief in Opposition by Plaintiff Betco Corporation, Ltd. re: 136 Second Motion for
Summary Judgment filed by B. Holdings, Inc., Marilyn Peacock, Malcolm D.
Peacock, E. Holdings, LLC. (Moore, David) Modified on 4/6/2015. (lak) (Entered:
04/03/2015)

04/03/2015

140 Response to Proposed Findings of Fact filed by Plaintiff Betco Corporation, Ltd. re:
136 Second Motion for Summary Judgment. (Moore, David) Modified on 4/6/2015.
(lak) (Entered: 04/03/2015)

04/03/2015

141 Additional Proposed Findings of Fact filed by Plaintiff Betco Corporation, Ltd. re:
136 Second Motion for Summary Judgment. (Moore, David) Modified on 4/6/2015.
(lak) (Entered: 04/03/2015)

04/03/2015

142 Affidavit of Deborah Dare filed by Plaintiff Betco Corporation, Ltd. re: 136 Second
Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Certificate of Analysis) (Moore, David) Modified on 4/6/2015. (lak)
(Entered: 04/03/2015)

04/03/2015

143 Affidavit of Derek Loverich filed by Plaintiff Betco Corporation, Ltd. re: 136
Second Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Bio Systems Trip Summary of 3/15/11,
# 2 Exhibit B - Email of January 17, 2012,
# 3 Exhibit C - Email of May 16, 2012) (Moore, David) Modified on 4/6/2015.
(lak) (Entered: 04/03/2015)

04/03/2015

144 Second Affidavit of Keith Kennedy filed by Plaintiff Betco Corporation, Ltd. re:
136 Second Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Email of January 17, 2012,
# 2 Exhibit B - Email of May 16, 2012,
# 3 Exhibit C - Report of Robert Reich) (Moore, David) Modified on 4/6/2015.
(lak) (Entered: 04/03/2015)

04/03/2015

145 Affidavit of Mindy Walters filed by Plaintiff Betco Corporation, Ltd. re: 136
Second Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - Email of January 17, 2012,
# 2 Exhibit B - Email of May 16, 2012) (Moore, David) Modified on 4/6/2015.
(lak) (Entered: 04/03/2015)

04/03/2015

146 Fourth Affidavit of Tony Lyons filed by Plaintiff Betco Corporation, Ltd. re: 136
Second Motion for Summary Judgment, (Attachments:
# 1 Exhibit A - EBITDA Analysis,
# 2 Exhibit B - Fixed Asset Listing) (Moore, David) Modified on 4/6/2015. (lak)
(Entered: 04/03/2015)

04/20/2015

147 Notice to Take Deposition of Ronald A. Bero, Jr., CPA/ABV, CFF, by Plaintiff
Betco Corporation, Ltd. (Jackson, Reginald) Modified on 4/21/2015: Changed
docketing event from Notice (Other) to Notice to Take Deposition. (lak) (Entered:
04/20/2015)

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05/18/2015

148 Rule 26(a)(3) Pretrial Disclosures by Plaintiff Betco Corporation, Ltd.
(Attachments:
# 1 Exhibit 1 - Trial Exhibit Form,
# 2 Exhibit 2 - Potential Exhibit Form) (Gehrig, Sara) (Entered: 05/18/2015)

05/18/2015

149 Deposition of Marvin Lundman taken on 4/15/2015. (Attachments:
# 1 Exhibit 1 - Letter from Attorney Bianchi) (Gehrig, Sara) (Entered: 05/18/2015)

05/19/2015

150 Deposition of Greg Spencer taken on April 28, 2015. (Attachments:
# 1 Exhibit 1 - March 1 Subpoena to Produce Documents) (Gehrig, Sara) (Entered:
05/19/2015)

05/19/2015

151 Supplemental Rule 26 Initial Disclosure Report by Plaintiff Betco Corporation, Ltd.
(Attachments:
# 1 Exhibit 1 - Damages - N&M0935-N&M1115,
# 2 Exhibit 2 - Damages - N&M1116-N&M1149) (Gehrig, Sara) (Entered:
05/19/2015)

05/20/2015

152 Deposition of John L. Biesz taken on April 15, 2015. (Bianchi, Albert) (Entered:
05/20/2015)

05/20/2015

153 Deposition of Mark Hughes taken on July 24, 2013. (Bianchi, Albert) (Entered:
05/20/2015)

05/20/2015

154 Deposition of Katie Journigan taken on April 29, 2015. (Bianchi, Albert) (Entered:
05/20/2015)

05/20/2015

155 Deposition of Danis Koets taken on April 29, 2015. (Bianchi, Albert) (Entered:
05/20/2015)

05/20/2015

156 Deposition of Denise Lennard taken on August 8, 2013. (Bianchi, Albert) (Entered:
05/20/2015)

05/20/2015

157 Deposition of Joe Lyden taken on July 30, 2013. (Bianchi, Albert) (Entered:
05/20/2015)

05/20/2015

158 Deposition of Mike Raynovic taken on April 15, 2015. (Bianchi, Albert) (Entered:
05/20/2015)

05/20/2015

159 Deposition of Terrence Schaller taken on July 23, 2013. (Bianchi, Albert) (Entered:
05/20/2015)

05/20/2015

160 Deposition of Glenn Weir taken on July 23, 2013. (Bianchi, Albert) (Entered:
05/20/2015)

06/01/2015

161 Motion for Sanctions Against Plaintiff Betco Corporation, Ltd. by Defendants B.
Holdings, Inc., E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock. (Turke,
Mary) (Entered: 06/01/2015)

06/01/2015

162 Declaration of Albert Bianchi, Jr. filed by Defendants B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock re: 161 Motion for
Sanctions, (Attachments:
# 1 Exhibit 1 - May 19, 2015 Letter from Gehrig,
# 2 Exhibit 2 - Peacock's Second Set of Requests for Documents and Things to

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Betco Corporation) (Bianchi, Albert) (Entered: 06/01/2015)
06/02/2015

Set Deadline: Response to 161 Motion for Sanctions Against Plaintiff Betco
Corporation, Ltd. due 6/4/2015. (jls) (Entered: 06/02/2015)

06/04/2015

163 Brief in Opposition by Plaintiff Betco Corporation, Ltd. re: 161 Motion for
Sanctions filed by B. Holdings, Inc., Marilyn Peacock, Malcolm D. Peacock, E.
Holdings, LLC. (Moore, David) (Entered: 06/04/2015)

06/04/2015

164 Affidavit of Sara L. Gehrig filed by Plaintiff Betco Corporation, Ltd. re: 161
Motion for Sanctions (Attachments:
# 1 Exhibit A - Plaintiff's Responses to Defendant Malcolm D. Peacock's Second
Set of Requests for Documents and Things,
# 2 Exhibit B - Email correspondence with Attorney Albert Bianchi, Jr. dated May
18, 2015) (Moore, David) (Entered: 06/04/2015)

06/05/2015

165 Deposition of Neil Seeger taken on August 14, 2013. (Bianchi, Albert) (Entered:
06/05/2015)

06/05/2015

166 Deposition of Dana Juul taken on April 13, 2015. (Bianchi, Albert) (Entered:
06/05/2015)

06/05/2015

167 Deposition of Gerson Artreche taken on April 13, 2015. (Bianchi, Albert) (Entered:
06/05/2015)

06/05/2015

168 Deposition of Deborah Dare taken on April 13, 2015. (Bianchi, Albert) (Entered:
06/05/2015)

06/05/2015

169 Deposition of Christine Stratton taken on August 14, 2013. (Bianchi, Albert)
(Entered: 06/05/2015)

06/05/2015

170 Deposition of John Yazek taken on July 30, 2013. (Bianchi, Albert) (Entered:
06/05/2015)

06/05/2015

Set Telephonic Motion Hearing Re 161 Motion for Sanctions Against Plaintiff
Betco Corporation, Ltd. Telephone Motion Hearing set for 6/8/2015 at 04:00 PM
before Judge William M. Conley. Counsel for Defendant responsible for setting up
the call to chambers at [phone]. (jls) (Entered: 06/05/2015)

06/08/2015

171 Joint Final Pretrial Conference Report by Defendants B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock, Plaintiff Betco
Corporation, Ltd. (Attachments:
# 1 Exhibit A - Stipulated Findings of Fact,
# 2 Exhibit B - Parties' Written Stipulation for Expert Witness Qualifications,
# 3 Exhibit C - Plaintiff's Trial Exhibit Form with Objections (Also see 172 .),
# 4 Exhibit D - Defendant's Trial Exhibit Form with Objections (Also see 173 .),
# 5 Exhibit E - Agreed Statement of the Contested Issues of Law,
# 6 Exhibit F - Parties' Deposition Designations, Counter-Designations and
Objections) (Gehrig, Sara) Modified on 6/9/2015. (lak) (Entered: 06/08/2015)

06/08/2015

172 Objections to Trial Exhibits by Defendants B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock, Marilyn Peacock. (Gehrig, Sara) Modified on 6/9/2015 (lak).
(Entered: 06/08/2015)

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06/08/2015

173 Objections to Trial Exhibits by Plaintiff Betco Corporation, Ltd. (Gehrig, Sara)
Modified on 6/9/2015. (lak) (Entered: 06/08/2015)

06/08/2015

174 Deposition Designations, Counter-Designations and Objections by Defendants B.
Holdings, Inc., E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock, Plaintiff
Betco Corporation, Ltd. (Gehrig, Sara) (Entered: 06/08/2015)

06/08/2015

175 Proposed Findings of Fact by Plaintiff Betco Corporation, Ltd. (Gehrig, Sara)
(Entered: 06/08/2015)

06/08/2015

176 ORDER granting in part and denying in part 136 Motion for Summary Judgment.
Trial will proceed as scheduled on Betco's only remaining claim for breach of the
contractual duty of good faith and fair dealing against defendant Malcolm Peacock.
Signed by District Judge William M. Conley on 6/8/15. (jls) (Entered: 06/08/2015)

06/08/2015

177 Proposed Special Verdict - Liability and Damages by Plaintiff Betco Corporation,
Ltd. (Gehrig, Sara) (Entered: 06/08/2015)

06/08/2015

178 Proposed Findings of Fact by Defendants B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock, Marilyn Peacock. (Bianchi, Albert) (Entered: 06/08/2015)

06/08/2015

179 Contested Issues of Law by Defendants B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock, Marilyn Peacock. (Bianchi, Albert) Modified on 6/9/2015.
(lak) (Entered: 06/08/2015)

06/08/2015

180 Proposed Special Verdict - Liability and Damages by Defendants B. Holdings, Inc.,
E. Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock. (Bianchi, Albert)
(Entered: 06/08/2015)

06/09/2015

Minute Entry for proceedings held before District Judge William M. Conley:
Telephone Motion Hearing held on 6/8/2015 re 161 Motion for Sanctions Against
Plaintiff Betco Corporation, Ltd. filed by B. Holdings, Inc., Marilyn Peacock,
Malcolm D. Peacock, E. Holdings, LLC [:30] (Court Reporter LS.) (mfh) (Entered:
06/09/2015)

06/09/2015

181 ** TEXT ONLY ORDER **
The court held a telephonic hearing yesterday, June 8, 2015, on defendants' motion
for sanctions (dkt. # 161 ). While reserving on an award of sanctions, if any, until
after trial, the court made the following rulings: (1) with respect to recent raw test
data, plaintiff may not offer them into evidence or use them in any way at trial; (2)
with respect to documents intended solely for impeachment, plaintiff may not offer
them into evidence, and the court reserves as to whether they may be used to
impeach; and (3) with respect to updated damages calculations and the nine
summary exhibits prepared for trial, the court reserves as to their admissibility and
use. At trial, the court is inclined to hear evidence with respect to the remaining
liability issue in this case before receiving evidence on damages, but it will take up
that question, along with trial exhibits, deposition designations and related trial
matters, at a telephonic hearing on Wednesday, June 10, 2015, at 3:30 P.M. Plaintiff
is to initiate that call. Finally, by 4:30 P.M. today, the parties should provide the
court with copies of all contested exhibits.
Telephone Status Conference set for 6/10/2015 at 03:30 PM before Judge William

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M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at
[phone]. Signed by District Judge William M. Conley on 6/9/15. (jls)
(Entered: 06/09/2015)
06/09/2015

182 Contested Exhibits by Plaintiff Betco Corporation, Ltd. (Gehrig, Sara) (Entered:
06/09/2015)

06/09/2015

183 Objections to Trial Exhibits by Defendants B. Holdings, Inc., E. Holdings, LLC,
Malcolm D. Peacock, Marilyn Peacock. (Bianchi, Albert) (Entered: 06/09/2015)

06/10/2015

184 Notice by Defendants B. Holdings, Inc., E. Holdings, LLC, Malcolm D. Peacock,
Marilyn Peacock Regarding Update to Defendants' Trial Exhibit List. (Bianchi,
Albert) Modified on 6/10/2015. (lak) (Entered: 06/10/2015)

06/10/2015

185 Trial Brief by Defendant Malcolm D. Peacock (Turke, Mary) (Entered: 06/10/2015)

06/10/2015

186 Trial Brief by Plaintiff Betco Corporation, Ltd. (Moore, David) (Entered:
06/10/2015)

06/11/2015

Reset Deadlines and Hearings: Court Trial set for 6/15/2015 at 8:30 AM before
District Judge William M. Conley. (arw) (Entered: 06/11/2015)

06/11/2015

Minute Entry for proceedings held before District Judge William M. Conley:
Telephone Status Conference held on 6/10/2015 [1:00] (Court Reporter LS.) (mfh)
(Entered: 06/11/2015)

06/15/2015

Set/Reset Trial Date: Second Day Court Trial set for 6/16/2015 at 8:30 AM. (arw)
(Entered: 06/15/2015)

06/16/2015

06/16/2015

187 Minute Entry for proceedings held before District Judge William M. Conley: 1st
Day Court Trial held on 6/15/2015 Trial continues. [07:49] (Court Reporter LS.)
(jls) (Entered: 06/16/2015)
SetTrial Date: 3rd day of Court Trial set for 6/17/2015 at 08:30 AM (jls) (Entered:
06/16/2015)

06/17/2015

188 Minute Order. Proceedings held before Judge District Judge William M. Conley:
2nd Day Court Trial held on 6/16/2015 Trial continues. [06:50]. (Court Reporter
LS.) (jls) (Entered: 06/17/2015)

06/17/2015

189 Minute Entry for proceedings held before District Judge William M. Conley: 3rd
Day Court Trial held on 6/17/2015 Ruling made in favor of Defendant Malcolm D.
Peacock. [01:46] (Court Reporter LS.) (jls) (Entered: 06/17/2015)

06/17/2015

190 Court Exhibit List (jls) (Entered: 06/17/2015)

06/23/2015

191 Transcript - Excerpt Court's Ruling During Third Day of Court Trial, held
6/17/2015 before Judge William M. Conley. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (voc) (Entered:
06/23/2015)

06/26/2015

192 Second Motion for Attorney Fees and Costs by Defendants B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock. (Bianchi, Albert) (Entered:
06/26/2015)

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06/26/2015

193 Declaration of Malcolm D. Peacock filed by Defendants B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock re: 192 Motion for
Attorney Fees, (Sealed Document) (Attachments:
# 1 Exhibit 1 - Fees and Costs paid by Defendants, excluding payment to Michael
Best & Friedrich for fees and costs,
# 2 Exhibit 2 - Underlying documentation regarding fees and costs,
# 3 Exhibit 3 - Promissory Note) (Bianchi, Albert) (Entered: 06/26/2015)

06/26/2015

194 Declaration of Albert Bianchi, Jr. filed by Defendants B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock re: 192 Motion for
Attorney Fees (Sealed Document) (Attachments:
# 1 Exhibit 1 - Michael Best Invoices,
# 2 Exhibit 2 - Index of Michael Best Invoices,
# 3 Exhibit 3 - Defendants' Payment of attorneys' fees and costs to Michael Best,
# 4 Exhibit 4 - Invoices for Costs expended in serving summons and subpoenas,
# 5 Exhibit 5 - Invoices for deposition transcripts,
# 6 Exhibit 6 - Check Requets for witness fees,
# 7 Exhibit 7 - Invoices for processing documents and making copies) (Bianchi,
Albert) (Entered: 06/26/2015)

06/30/2015

Set Deadline as to 192 Second Motion for Attorney Fees and Costs. Response due
7/10/2015. (jls) (Entered: 06/30/2015)

07/10/2015

195 Motion for Reconsideration/To Alter or Amend Judgment and Brief in Support by
Plaintiff Betco Corporation, Ltd. Response due 7/17/2015. (Jackson, Reginald)
Modified on 7/13/2015. (lak) (Entered: 07/10/2015)

07/10/2015

196 Cross Motion for Attorney Fees And Costs With Combined Memorandum in
Support Thereof and Brief in Opposition re: 192 Defendants' Motion for Attorneys
Fees and Costs by Plaintiff Betco Corporation, Ltd. (Jackson, Reginald) Modified
on 7/13/2015. (lak) (Entered: 07/10/2015)

07/10/2015

197 Declaration of Reginald S. Jackson, Jr. filed by Plaintiff Betco Corporation, Ltd. in
Support re: 196 Motion for Attorney Fees and Costs, (Attachments:
# 1 Exhibit 1 - Summary of Billings,
# 2 Exhibit 2 - Invoices) (Jackson, Reginald) Modified on 7/13/2015. Declaration is
not dated. (lak) (Entered: 07/10/2015)

07/10/2015

198 Declaration of Tony Lyons filed by Plaintiff Betco Corporation, Ltd. in Support re:
196 Motion for Attorney Fees and Costs. (Jackson, Reginald) Modified on
7/13/2015. (lak) (Entered: 07/10/2015)

07/10/2015

199 Declaration of David C. Moore filed by Plaintiff Betco Corporation, Ltd. re: 196
Motion for Attorney Fees (Attachments:
# 1 Exhibit 1 - Statements and Invoices) (Moore, David) (Entered: 07/10/2015)

07/10/2015

200 Stipulation to Extend Deadline for Defendant's Response to Motion for
Reconsideration/to Alter or Amend Judgment by Defendants B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock. (Bianchi, Albert) (Entered:
07/10/2015)

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07/10/2015

201 ** TEXT ONLY ORDER **
ORDER granting 200 Stipulation to Extend Deadline for Defendant's Response to
195 Motion for Reconsideration/to Alter or Amend Judgment . Response due
7/24/2015. Signed by Magistrate Judge Stephen L. Crocker on 7/10/15. (jls)
(Entered: 07/10/2015)

07/13/2015

Set Deadline as to 196 Cross Motion for Attorney Fees And Costs With Combined
Memorandum in Support Thereof and in Opposition to Defendants' Motion for
Attorneys Fees and Costs. Response due 7/24/2015. (jls) (Entered: 07/13/2015)

07/16/2015

202 Transcript of First Day of Court Trial, held 6/15/15 before Judge William M.
Conley. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (jls) (Entered:
07/16/2015)

07/17/2015

203 Transcript of Second Day of Court Trial, held 6/16/2015 before Judge William M.
Conley. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (jls) (Entered:
07/17/2015)

07/20/2015

204 Transcript of Third Day of Court Trial, held 6/17/2015 before Judge William M.
Conley. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic
Transcript Instructions and Notice of Intent to Request Redaction. (jls) (Entered:
07/20/2015)

07/24/2015

205 Brief in Opposition by Defendants B. Holdings, Inc., E. Holdings, LLC, Malcolm
D. Peacock, Marilyn Peacock re: 195 Motion for Reconsideration filed by Betco
Corporation, Ltd. (Defendants' Response to Plaintiff's Motion for
Reconsideration/to Alter or Amend Judgment.) (Turke, Mary) Modified on
7/27/2015. (lak) (Entered: 07/24/2015)

07/24/2015

206 Brief in Opposition by Defendants B. Holdings, Inc., E. Holdings, LLC, Malcolm
D. Peacock, Marilyn Peacock re: 196 Motion for Attorney Fees, filed by Betco
Corporation, Ltd. (Defendants' Motion in Response to Plaintiff's Cross-Motion for
Attorneys' Fees and Costs). (Turke, Mary) (Entered: 07/24/2015)

07/24/2015

207 Disregard. See 208 . Modified on 7/27/2015. (lak) (Entered: 07/24/2015)

07/27/2015

208 Declaration of Albert Bianchi, Jr. filed by Defendants B. Holdings, Inc., E.
Holdings, LLC, Malcolm D. Peacock, Marilyn Peacock (Refiled due to missing 2nd
page in Declaration, Dkt. 207.) re: 196 Motion for Attorney Fees, (Sealed
Document) (Attachments:
# 1 Exhibit 1: 7-6-215 Michael Best Invoice,
# 2 Exhibit 2: Michael Best work in process,
# 3 Exhibit 3: Billing history) (Turke, Mary) Modified on 7/27/2015. (lak) (Entered:
07/27/2015)

12/23/2016

209 ORDER denying 195 Motion for Reconsideration; denying 196 Motion for
Attorney Fees; granting 192 Motion for Attorney Fees. Defendant awarded attorney

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fees in the amount of $757,752.65; denying as moot 161 Motion for Sanctions;
Signed by District Judge William M. Conley on 12/23/2016. (jls) (Entered:
12/23/2016)
12/23/2016

210 JUDGMENT in favor of Malcolm D. Peacock, Marilyn Peacock, B. Holdings, Inc.,
and E. Holdings, LLC, against Betco Corporation, Ltd. finding no violation of the
duty of good faith and fair dealing and dismissing this case and awarding
defendants attorney fees in the amount of $757,752.65. (WMC /PAO). Signed by
District Judge William M. Conley on 12/23/2016. (jls) (Entered: 12/23/2016)

01/05/2017

211 Motion to Stay Pending Appeal Conditioned on Filing of Appeal and Supersedeas
Bond by Plaintiff Betco Corporation, Ltd. Response due 1/12/2017. (Moore, David)
(Entered: 01/05/2017)

01/09/2017

212 Stipulation as to Amount of Appeal Bond by Plaintiff Betco Corporation, Ltd.
(Moore, David) (Entered: 01/09/2017)

01/10/2017

213 ** TEXT ONLY ORDER **
ORDER granting 211 Motion to Stay Pending Appeal Conditioned on Filing of
Appeal and Supersedeas Bond. Signed by District Judge William M. Conley on
1/10/2017. (jls) (Entered: 01/10/2017)

01/20/2017

214 NOTICE OF APPEAL by Plaintiff Betco Corporation, Ltd. as to 176 Order on
Motion for Summary Judgment, 128 Order on Motion for Summary Judgment, 210
Judgment,. Filing fee of $ 505, receipt number 0758-1955403 paid. Docketing
Statement filed. (Attachments:
# 1 Docketing Statement) (Moore, David) (Entered: 01/20/2017)

01/20/2017

215 Appeal Information Packet. (lak) (Entered: 01/20/2017)

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