B & B ADVISORY SVC v. BOMBARDIER AEROSPACE, Et Al Docket

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CLOSED, STAYED
U. S. District Court
Eastern District of Louisiana (New Orleans)
CIVIL DOCKET FOR CASE #: 2:02-cv-02695-JCZ
B & B Advisory Svc v. Bombardier Aerospace, et al Date Filed: 08/30/2002

Assigned to: Judge Jay C Zainey Date Terminated: 12/11/2003
Demand: $0 Jury Demand: None
Case in other court: Orleans Parish CDC, 02-07588C 6 Nature of Suit: 190 Contract: Other
Cause: 28:1332 Diversity-Breach of Contract Jurisdiction: Diversity
Plaintiff
B&B Advisory Services, L.L.C. represented by James M. Garner
Sher, Garner, Cahill, Richter, Klein &
Hilbert, LLC
909 Poydras St.
28th Floor
New Orleans, LA 70112-1033
504-299-2100
Email: jgarner@shergarner.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Elizabeth A. Ready
Sher, Garner, Cahill, Richter, Klein &
Hilbert, LLC
909 Poydras St.
28th Floor
New Orleans, LA 70112-1033
225-757-2185
Keith A. Kornman
Degan, Blanchard & Nash (New
Orleans)
Texaco Center
400 Poydras St.
Suite 2600
New Orleans, LA 70130
504-529-3333
Fax: 504-299-2300
Email: kkornman@degan.com
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V.
Defendant
Bombardier Aerospace Corporation represented by James K. Carroll
Fowler Rodriguez (New Orleans)
Texaco Center
400 Poydras St.
30th Floor
New Orleans, LA 70130
504-523-2600
Email: jcarroll@frc-law.com
LEAD ATTORNEY
Michaela E. Noble
U. S. Department of Transportation
Maritime Administration
Office of General Counsel, MAR-221
Mail Stop 4
1200 New Jersey Ave., SE
Washington, DC 20590
202-366-5184
Email: michaela.noble@dot.gov
TERMINATED: 06/16/2003
Richard A. Fraser , III

Attorney General's Office, State of WA
(Seattle)
800 5th Avenue
Suite 2000
Seattle, WA 98104-3188
206-389-3829
Email: richardf@atg.wa.gov
Defendant
Bombardier Business Jet Solutions, represented by James K. Carroll
Inc. (See above for address)
LEAD ATTORNEY
Michaela E. Noble
(See above for address)
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Defendant
Jet Solutions LLC represented by James K. Carroll
LEAD ATTORNEY
Michaela E. Noble

Date Filed # Docket Text

08/30/2002 1 Notice of removal by defendant Bombardier Aerospace, defendant Bombardier
Bus Jet, defendant Jet Solutions LLC from Orleans Parish Civil District Court;
Case Number: 2002-7588 C 6. (dw) (Entered: 09/05/2002)
08/30/2002 RETURN OF SERVICE of summons and complaint upon defendant
Bombardier Aerospace on 8/13/02 (State Court) (dw) (Entered: 09/05/2002)
08/30/2002 Payment of filing fee by defendant Bombardier Aerospace, defendant
Bombardier Bus Jet, defendant Jet Solutions LLC in amount of $150.00 (dw)
(Entered: 09/05/2002)
09/17/2002 2 Notice of compliance by defendant Bombardier Aerospace, defendant
Bombardier Bus Jet, defendant Jet Solutions LLC with 28:1447(b) (dw)
(Entered: 09/18/2002)
09/17/2002 RETURN OF SERVICE of summons and complaint upon defendant
Bombardier Aerospace on 8/13/02 (dw) (Entered: 09/18/2002)
11/06/2002 3 NOTICE that a preliminary conference is scheduled by telephone before
courtroom deputy at 9:45 11/19/02 by Clerk (dw) (Entered: 11/06/2002)
11/13/2002 4 PLAINTIFF'S AMENDED complaint [1-1]; no new parties added (dw)
(Entered: 11/13/2002)
11/18/2002 5 ANSWER by defendants Bombardier Aerospace, Bombardier Bus Jet, Jet
Solutions LLC to complaint by plaintiff B & B Advisory Svc [1-1] (jd)
(Entered: 11/19/2002)
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11/20/2002 6 MINUTE ENTRY ( 11/19/02): Preliminary Conference held 11/19/02;

amendments due 1/3/03; pretrial conf set 9:30 7/1/03; non-jury trial set 9:00
7/14/03 by Judge Jay C. Zainey (dw) (Entered: 11/20/2002)
12/09/2002 7 Motion by defendant Bombardier Aerospace, defendant Bombardier Bus Jet,
defendant Jet Solutions LLC and ORDER that Michaela E. Noble is added as
counsel of record for same by Judge Jay C. Zainey Date Signed: 12/10/02 (dw)
(Entered: 12/13/2002)
12/23/2002 8 Motion by plaintiff B & B Advisory Svc and ORDER that the deadline to file
any amendments to pleadings, third-party actions, cross-claims and counter-
claims shall be extended to 2/3/03 by Judge Jay C. Zainey Date Signed:
12/27/02 (dw) (Entered: 12/30/2002)
01/08/2003 10 Motion by defendants and ORDER that same are granted an additional 21 days
or through and including 1/31/03 within which to provide answers and or
objections to discovery as stated herein by Judge Jay C. Zainey Date Signed:
1/9/03 (dw) (Entered: 01/13/2003)
01/09/2003 9 NOTICE case reallotted to Magistrate Judge 3 by Clerk (tbl) (Entered:
01/09/2003)
claims shall be extended to 2/24/03; this extension will not affect the trial date
or any other deadline in this matter by Judge Helen G. Berrigan Date Signed:
1/13/03 (dw) (Entered: 01/14/2003)
01/31/2003 12 MINUTE ENTRY ( 1/31/03 ) At the req of counsel a Status Conf will be held
on 2/3/03 at 3:00 pm to discuss disc deadlines by Judge Helen G. Berrigan
(gw) (Entered: 01/31/2003)
defendant Jet Solutions LLC and ORDER that same are granted an additional
14 days or through and including 2/14/03 within which to provide answers and
or objections to discovery as set forth in document by Judge Jay C. Zainey
Date Signed: 2/3/03 (dw) (Entered: 02/04/2003)
02/06/2003 14 MINUTE ENTRY ( 2/3/03 ) Status Conf held 2/3/03 ; ORDERED that pla
shall make available Darryl Berger and David Buras for depositions by
3/29/03; all depositions to be completed by 3/29/03; FURTHER ORDERED
that a settlement conference shall be held at 8:00 2/24/03 before Magistrate
Judge Shushan; FURTHER ORDERED that a status conf shall be held at 8:30
4/1/03 by Judge Jay C. Zainey (dw) Modified on 03/11/2003 (Entered:
02/06/2003)
02/20/2003 15 Motion by plaintiff B & B Advisory Svc and ORDER that the deadline for file
claims shall be extended to 3/17/03; this extension will not affect the trial date
4 of 16 1/24/11 1:41 PM
or any other deadline in this matter by Judge Jay C. Zainey (dw) (Entered:
02/21/2003)
02/25/2003 16 MINUTE ENTRY ( 02/24/03 ) ; Settlement conference held 8:00 2/24/03 ,
settlement discussions are ongoing by Magistrate Judge Sally Shushan (ca)
(Entered: 02/26/2003)
02/28/2003 17 MINUTE ENTRY ( 2/27/03 ): a further settlement conference is scheduled
before magistrate at 10:30 3/14/03 by Magistrate Judge Sally Shushan (dw)
(Entered: 02/28/2003)
03/07/2003 18 MINUTE ENTRY ( 3/7/03 ) the conference scheduled on 3/14/03 at 10:30 is
cancelled ; the parties are to contact the Magistrate Judge should they desire to
reinstate settlement discussions by Magistrate Judge Sally Shushan (dw)
(Entered: 03/07/2003)
03/10/2003 19 Motion by plaintiff B & B Advisory Svc and ORDER that hrg on its mtn to
compel discovery responses is set for 3/13/03 at 9:00 by telephone by
Magistrate Judge Daniel E. Knowles III (dw) (Entered: 03/11/2003)
03/10/2003 20 MOTION by plaintiff B & B Advisory Svc to compel responses to
interrogatories and requests for production of documents and for sanctions
referred to Magistrate Judge Daniel E. Knowles III to be heard before
Magistrate Judge at 9:00 3/13/03 (dw) (Entered: 03/11/2003)
03/11/2003 23 Motion by defendant Bombardier Bus Jet and ORDER that its stipulation be
filed by Judge Jay C. Zainey Date Signed: 3/14/03 (dw) (Entered: 03/17/2003)
03/13/2003 21 MINUTE ENTRY ( 3/13/03 ): a settlement conference is scheduled before
Judge at 8:30 4/1/03 by Judge Jay C. Zainey (dw) (Entered: 03/14/2003)
03/13/2003 22 Motion by plaintiff and defendants for continuance of trial date and extension
of all deadlines and ORDER DENYING SAME by Judge Jay C. Zainey Date
Signed: 3/14/03 (dw) (Entered: 03/14/2003)
claims shall be extended to 4/2/03; the deadline to exchange expert reports
shall be extended to 5/15/03; the deadline to complete depositions shall be
extended to 6/2/03 and the deadline to file dispositive motions shall be
extended to 6/18/03 by Judge Jay C. Zainey Date Signed: 3/17/03 (dw)
Modified on 03/17/2003 (Entered: 03/17/2003)
03/17/2003 24 Stipulation by defendant Bombardier Bus Jet regarding owner operation hours
(dw) (Entered: 03/17/2003)
03/19/2003 26 Notice of Deposition by defendant Bombardier Aerospace, defendant
Bombardier Bus Jet, defendant Jet Solutions LLC of Darryl Berger on
04/23/03 (ca) (Entered: 03/20/2003)
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03/19/2003 27 Notice of Deposition by defendant Bombardier Aerospace, defendant

Bombardier Bus Jet, defendant Jet Solutions LLC of David R. Burrus on
04/23/03 (ca) (Entered: 03/20/2003)
03/21/2003 28 Notice of Deposition by plaintiff B & B Advisory Svc of Bombardier Business
Jet Solutions on 04/28/03 and 04/29/03 (dmg) (Entered: 03/21/2003)
03/21/2003 29 Notice of Deposition by plaintiff B & B Advisory Svc of Bombardier
Aerospace Corp on 04/28/03 and 04/29/03 (dmg) (Entered: 03/21/2003)
03/21/2003 30 Notice of Deposition by plaintiff B & B Advisory Svc of Jet Solutions, LLC on
04/28/03 and 04/29/03 (dmg) (Entered: 03/21/2003)
03/24/2003 31 Motion by plaintiff B & B Advisory Svc and ORDER ; Settlement conference
set for 4/1/03 is continued to 9:00 4/9/03 by Judge Jay C. Zainey (ca) (Entered:
03/25/2003)
03/24/2003 33 Motion by plaintiff B & B Advisory Svc and ORDER that a hrg on its motion
to compel responses to interrogatories and requests for production of
documents and for sanctions [20-1] is set at 3:30 3/31/03 in Chambers; there
will be an oral hrg; opp memo shall be filed in Chambers by 3/28/03 by noon
by Magistrate Judge Daniel E. Knowles III (dw) (Entered: 03/25/2003)
03/25/2003 32 MINUTE ENTRY ( 3/20/03 ) ORDERED that the status conf set for 4/1/03 at
8:30 is RESET for 8:30 4/9/03 by Judge Jay C. Zainey (dw) (Entered:
03/25/2003)
03/28/2003 34 Memo in opposition by defendants to motion to compel responses to
interrogatories and requests for production of documents and for sanctions
[20-1] filed by plaintiff B & B Advisory Svc (dw) (Entered: 03/28/2003)
03/31/2003 35 ANSWER by defendant Bombardier Aerospace, defendant Bombardier Bus
Jet, defendant Jet Solutions LLC to Amended complaint by plaintiff B & B
Advisory Svc [4-1] (ca) (Entered: 04/01/2003)
03/31/2003 36 Motion by plaintiff B & B Advisory Svc and ORDER that same is granted
leave to file its reply memo in support of it's mtn to comp disc responses by
Magistrate Judge Daniel E. Knowles III Date Signed: 04/01/03 (ca) (Entered:
04/01/2003)
04/01/2003 37 Reply by plaintiff B & B Advisory Svc in support of it's motion to compel
responses to interrogatories and requests for production of documents and for
sanctions [20-1] (ca) (Entered: 04/01/2003)
04/02/2003 38 COUNTERCLAIM by defendant Bombardier Aerospace, defendant
Bombardier Bus Jet, defendant Jet Solutions LLC against plaintiff B & B
Advisory Svc ; (ca) (Entered: 04/02/2003)
04/02/2003 39 MINUTE ENTRY ( 04/01/03 ) ordered that with the few exceptions
specifically noted herein, pla's motion to compel responses to interrogatories
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and requests for production of documents and for sanctions [20-1] is DENIED
by Magistrate Judge Daniel E. Knowles III (ca) (Entered: 04/02/2003)
04/02/2003 40 MOTION by plaintiff B & B Advisory Svc for leave to file its second amended
complaint referred to Magistrate Judge Daniel E. Knowles III to be heard
before Magistrate Judge at 11:00 4/23/03 (original proposed second amended
complaint attached) (dw) (Entered: 04/03/2003)
04/03/2003 41 Notice of Deposition by plaintiff B & B Advisory Svc of Carolyn Kirkman on
04/28/03 (ca) (Entered: 04/04/2003)
04/03/2003 42 Notice of Deposition by plaintiff B & B Advisory Svc of Shelley Hendrick on
04/28/03 (ca) (Entered: 04/04/2003)
04/03/2003 43 Notice of Deposition by plaintiff B & B Advisory Svc of George Chapman on
04/29/03 (ca) (Entered: 04/04/2003)
04/03/2003 44 Notice of Deposition by plaintiff B & B Advisory Svc of Dennis McCartney on
04/29/03 (ca) (Entered: 04/04/2003)
04/04/2003 45 AMENDED COUNTERCLAIM by defendant Bombardier Aerospace,
defendant Bombardier Bus Jet, defendant Jet Solutions LLC [38-1] (ca)
(Entered: 04/07/2003)
defendant Jet Solutions LLC and ORDER Settlement conference set 9:00
4/9/03 rescheduled as a status conf at 9:00 4/9/03 in chambers by Judge Jay C.
Zainey Date Signed: 04/07/03 (ca) (Entered: 04/08/2003)
04/07/2003 46 Memo in opposition by plaintiff B & B Advisory Svc to mtn to continue
settlement conf filed by defendants (ca) (Entered: 04/07/2003)
04/07/2003 47 MOTION by plaintiff B & B Advisory Svc for partial summary judgment on
the grounds that no genuine issues of material fact exist to be heard before
Judge at 9:00 5/7/03 (ca) (Entered: 04/08/2003)
04/07/2003 54 Request for Oral Argument by plaintiff B&B Advisory Svc regarding their
motion for partial summary judgment on the grounds that no genuine issues of
material fact exist [47-1] and Order that oral argument will be had on the mtn
on 5/7/03 at 9:00 by Judge Jay C. Zainey Date Signed: 04/30/03 (ca) (Entered:
05/01/2003)
04/10/2003 49 Motion by plaintiff B & B Advisory Svc and ORDER dismissing the second
amended complaint-class action and their motion for leave to file its second
amended complaint-class action w/out prej [40-1] by Judge Jay C. Zainey Date
Signed: 04/11/03 (ca) (Entered: 04/15/2003)
04/14/2003 50 MINUTE ENTRY ( 04/09/03 ) Status Conf held 9:00 4/9/03; Settlement
conference set 8:30 4/22/03 in chambers by Judge Jay C. Zainey (ca) (Entered:
04/15/2003)
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04/15/2003 51 Memorandum by defendant Bombardier Aerospace, defendant Bombardier

Bus Jet, defendant Jet Solutions LLC in opposition to [40-1] motion for leave
to file its second amended complaint filed by plaintiff B & B Advisory Svc (ca)
(Entered: 04/15/2003)
04/17/2003 52 MINUTE ENTRY ( 04/16/03 ) ordered that the 4/23/03 hrg scheduled before
the Mag Judge regarding pla's mtn for leave to amend is CANCELLED by
Magistrate Judge Daniel E. Knowles III (ca) (Entered: 04/17/2003)
04/29/2003 53 Memo in opposition by defendant Bombardier Aerospace, defendant
Bombardier Bus Jet, defendant Jet Solutions LLC to motion for partial
summary judgment on the grounds that no genuine issues of material fact exist
[47-1] filed by plaintiff B&B Advisory Svc (ca) (Entered: 04/30/2003)
05/01/2003 55 MOTION by defendant Bombardier Aerospace, defendant Bombardier Bus Jet,
defendant Jet Solutions LLC for partial summary judgment as a matter of law
to be heard before Judge at 9:00 5/21/03 (ca) (Entered: 05/02/2003)
defendant Jet Solutions LLC for exp hrg on its mtn to cont hrg on pla's mtn for
partial sum jgm and ORDER - denied by Judge Jay C. Zainey Date Signed:
5/5/03 (gw) (Entered: 05/05/2003)
05/01/2003 59 Motion by dfts Bombardier Aerospace, Bombardier Bus Jet, Jet Solutions LLC
and ORDER that the hrg on pla's motion for partial summary judgment on the
grounds that no genuine issues of material fact exist [47-1] be cont from 5/7/03
to 5/21/03 by Judge Jay C. Zainey Date Signed: 5/5/03 (gw) (Entered:
05/05/2003)
05/01/2003 60 Req by dfts Bombardier Aerospace, Bombardier Bus Jet, Jet Solutions LLC &
ORDER that oral argument on their motion for partial summary judgment as a
matter of law [55-1] will be heard on 5/21/03 at 9:00 am by Judge Jay C.
Zainey (gw) (Entered: 05/05/2003)
05/02/2003 56 Memo in opposition by plaintiff B&B Advisory Svc to motion to continue hrg
on pla's mtn for partial sum jgm filed by defendant Bombardier Aerospace,
defendant Bombardier Bus Jet, defendant Jet Solutions LLC (dw) (Entered:
05/02/2003)
05/02/2003 57 MOTION by plaintiff B&B Advisory Svc to strike unsworn stmt under penalty
of prejury of Andrew Thacker to be heard before Judge at 9:00 5/21/03 (ca)
(Entered: 05/05/2003)
05/02/2003 61 Motion by plaintiff B&B Advisory Svc and ORDER granting leave to file a
reply memo in support of its mtn for partial sum jgm & a reply memo in
support of mtn for partial sum jgm in response to dfts' memo in opp to its mtn
for partial sum jgm by Judge Jay C. Zainey Date Signed: 5/5/03 (gw) (Entered:
05/05/2003)
8 of 16 1/24/11 1:41 PM
05/05/2003 62 Reply brief by plaintiff B&B Advisory Svc to dfts Bombardier Aerospace,
Bombardier Business Jet & Jet Solutions' memo in opp to its motion for partial
summary judgment [47-1] (gw) (Entered: 05/05/2003)
05/05/2003 63 Motion by plaintiff B&B Advisory Svc and ORDER that exp hrg on its mtn for
leave to refile 2nd amd cmp is set for 5/16/03 at 10:00 in chambers by
Magistrate Judge Daniel E. Knowles III Date Signed: 5/6/03 (gw) (Entered:
05/06/2003)
05/05/2003 65 Motion by plaintiff B&B Advisory Svc and ORDER that exp hrg on its motion
to strike unsworn stmt under penalty of prejury of Andrew Thacker [57-1] is
set for 5/21/03 at 9:00 am by Judge Jay C. Zainey Date Signed: 5/6/03 (gw)
(Entered: 05/07/2003)
05/06/2003 64 MOTION by plaintiff B&B Advisory Svc for leave to refile 2nd amd cmp
referred to Magistrate Judge Daniel E. Knowles III to be heard before Mag at
10:00 5/16/03 in chambers. (proposed original attached) (gw) (Entered:
05/06/2003)
05/06/2003 66 ANSWER by plaintiff B&B Advisory Svc to original counterclaim [38-1] & to
amended counterclaim by dfts Bombardier Aerospace, Bombardier Bus Jet, Jet
Solutions LLC [45-1] (gw) (Entered: 05/07/2003)
05/06/2003 67 Motion by plaintiff B&B Advisory Svc and ORDER Status Conf is set 10:30
5/21/03 re scheduling order & proposed new trial date; by Judge Jay C. Zainey
(rg) (Entered: 05/08/2003)
05/06/2003 68 Motion by plaintiff B&B Advisory Svc and ORDER that the hrg scheduled for
9:00 a.m. 5/21/02 on the parties' mtns for partial sum jgm is reset for 10:30
a.m. 5/21/03; [55-1]; [47-1]; by Judge Jay C. Zainey (rg) (Entered: 05/08/2003)
05/13/2003 69 Memo in opposition by plaintiff B&B Advisory Svc to motion for partial
summary judgment as a matter of law [55-1] filed by dfts Bombardier
Aerospace, Bombardier Bus Jet, Jet Solutions LLC (gw) (Entered: 05/13/2003)
05/13/2003 70 Memo in opposition by dfts Bombardier Aerospace, Bombardier Bus Jet, Jet
Solutions LLC to motion to strike unsworn stmt under penalty of prejury of
Andrew Thacker [57-1] filed by plaintiff B&B Advisory Svc (gw) (Entered:
05/14/2003)
05/13/2003 71 Motion by plaintiff B&B Advisory Svc and ORDER that exp hrg on its mtn to
strike unsworn statement under penalty of perjury of Andrew Thacker will be
heard on 5/21/03 at 10:30 am by Judge Jay C. Zainey Date Signed: 5/13/03
(gw) (Entered: 05/14/2003)
05/14/2003 72 MOTION by plaintiff B&B Advisory Svc to strike unsworn statement under
penalty of perjury of Andrew Thacker to be heard before Judge at 10:30
5/21/03 (gw) (Entered: 05/14/2003)
9 of 16 1/24/11 1:41 PM
reply memo in support of its mtn for leave to refile 2nd amd cmp & to dfts'
memo in opp to its mtn for leave to file 2nd amd cmp by Magistrate Judge
Daniel E. Knowles III Date Signed: 5/15/03 (gw) (Entered: 05/19/2003)
and ORDER for leave to refile its opp to pla's mtn for leave to file 2nd amd
cmp by Magistrate Judge Daniel E. Knowles III Date Signed: 5/16/03 (gw)
(Entered: 05/19/2003)
05/15/2003 78 Reply by plaintiff B&B Advisory Svc to dfts' memo in opp to pla's motion for
leave to refile 2nd amd cmp [64-1] (gw) (Entered: 05/19/2003)
for leave to file a reply memo in support of its mtn for partial sum jgm and
ORDER - denied by Judge Jay C. Zainey Date Signed: 5/19/03 (gw) (Entered:
05/19/2003)
Solutions LLC to motion to strike unsworn statement under penalty of perjury
of Andrew Thacker [72-1] filed by plaintiff B&B Advisory Svc (gw) (Entered:
05/19/2003)
Solutions LLC to motion for leave to refile 2nd amd cmp [64-1] filed by
plaintiff B&B Advisory Svc (gw) (Entered: 05/19/2003)
05/19/2003 79 MINUTE ENTRY ( 5/16/03 ) Bfr the Court is pla's motion for leave to refile
2nd amd cmp [64-1]; The district judge's prior order states that "B & B may
refile the 2nd amd cmp-class action at a later date with leave of this Court." See
Judge Zainey's order dated 4/11/03 by Magistrate Judge Daniel E. Knowles III
(gw) Modified on 12/05/2003 (Entered: 05/20/2003)
05/19/2003 80 PLAINTIFF'S 2ND AMENDED complaint-class action [4-1]; no new ptys
added. (gw) (Entered: 05/20/2003)
05/19/2003 81 Motion by plaintiff B&B Advisory Svc and ORDER that the original afdt of
David R. Burrus in support of pla's opp to dfts' mtn for partial sum jgm be
susbstituted for the facsimile copy of the afdt, submitted as Exhibit A & filed
on 5/13/03 by Judge Jay C. Zainey Date Signed: 5/20/03 (gw) (Entered:
05/21/2003)
05/19/2003 82 Motion by plaintiff B&B Advisory Svc for leave to file a reply memo in
support of mtn to strike the unsworn stmt under penalty of perjury of Andrew
Thacker and ORDER - denied by Judge Jay C. Zainey Date Signed: 5/20/03
(gw) (Entered: 05/21/2003)
and ORDER for leave to attach Exhibit "A" to dfts' opp to pla's mtn to strike
10 of 16 1/24/11 1:41 PM
unsworn stmt under penalty of perjury of Andrew Thacker by Judge Jay C.

Zainey Date Signed: 5/22/03 (gw) (Entered: 05/23/2003)
and ORDER granting leave to substitute opp to pla's mtn to strike unsworn
stmt under penalty of Andrew Thacker by Judge Jay C. Zainey Date Signed:
5/22/03 (gw) (Entered: 05/27/2003)
05/21/2003 83 SMOOTH MINUTES: Reported/Recorded by David Zarek; Hrg held on civil
mtns; argument, Pla's motion for partial summary judgment on the grounds that
no genuine issues of material fact exist [47-1] is denied; The motion by dfts for
partial summary judgment as a matter of law [55-1] is denied; Pla's motions to
strike unsworn stmt under penalty of prejury of Andrew Thacker [57-1] [72-1]
are denied as moot; Court recessed by Judge Jay C. Zainey (REF: both cases)
(gw) Modified on 05/27/2003 (Entered: 05/21/2003)
05/23/2003 86 Opp by dfts Bombardier Aerospace, Bombardier Bus Jet, Jet Solutions LLC to
[72-1] motion to strike unsworn statement under penalty of perjury of Andrew
Thacker filed by plaintiff B&B Advisory Svc (gw) (Entered: 05/27/2003)
06/03/2003 87 MINUTE ENTRY ( 6/2/03 ) On this date a status conf was held ORDERED
that the Pre-Trial Conference currently set for 7/1/03 at 9:30 am is reset for
4/22/04 at 4:00 pm; FURTHER ORDERED that the non-jury trial currently set
for 7/14/03 at 9:00 am is reset for 5/17/04 9:00 am; Discovery deadlines are
stated in the doc; Hrg on class certification set 11/5/03 at 9:00 am by Judge Jay
C. Zainey (gw) Modified on 10/09/2003 (Entered: 06/03/2003)
06/03/2003 88 MOTION by plaintiff B&B Advisory Svc for partial summary judgment
regarding its $100,000.00 deposit to be heard before Judge at 9:00 6/18/03
(gw) (Entered: 06/04/2003)
06/12/2003 89 ANSWER by defendant Bombardier Aerospace, defendant Bombardier Bus
Jet, defendant Jet Solutions LLC to 2nd amended complaint by plaintiff B&B
Advisory Svc [80-1] (gw) (Entered: 06/13/2003)
06/13/2003 90 Memo in opposition by defendants Bombardier Aerospace, Bombardier Bus
Jet, Jet Solutions LLC to motion for partial summary judgment regarding its
$100,000.00 deposit [88-1] filed by plaintiff B&B Advisory Svc (gw) (Entered:
06/13/2003)
06/16/2003 91 Motion by defendants Bombardier Aerospace, Bombardier Bus Jet & Jet
Solutions LLC and ORDER withdrawing Michaela E. Noble as counsel of
record by Judge Jay C. Zainey (gw) (Entered: 06/18/2003)
reply memo in support of mtn for partial sum jgm regarding its $100,00.00
deposit in response to dfts' opp to pla's mtn for partial sum jgm by Judge Jay C.
Zainey Date Signed: 6/18/03 (gw) (Entered: 06/19/2003)
11 of 16 1/24/11 1:41 PM
06/18/2003 93 Memorandum by plaintiff B&B Advisory Svc in support of [88-1] motion for
partial summary judgment regarding its $100,000.00 deposit (gw) (Entered:
06/19/2003)
07/15/2003 94 MOTION by plaintiff B&B Advisory Svc for partial summary judgment to be
heard before Judge at 9:00 8/13/03 (gw) (Entered: 07/16/2003)
07/28/2003 95 ORDER & REASONS: ORDERED that pla's motion for partial summary
judgment regarding its $100,000.00 deposit [88-1] is granted w/o interest or
attys' fees by Judge Jay C. Zainey Date Signed: 7/25/03 (gw) (Entered:
07/28/2003)
08/04/2003 97 Motion by plaintiff B&B Advisory Svc and ORDER that exp hrg on its mtn to
compel disc responses is set for 8/13/03 at 11:00 am; There will be oral hrg by
Magistrate Judge Daniel E. Knowles III Date Signed: 8/5/03 (gw) (Entered:
08/06/2003)
Bombardier Bus Jet, defendant Jet Solutions LLC to motion for partial
summary judgment [94-1] filed by plaintiff B&B Advisory Svc (gw) (Entered:
08/05/2003)
08/06/2003 98 MOTION by plaintiff B&B Advisory Svc to compel responses to interrogs &
req for prod of docs and for sanctions referred to Magistrate Judge Daniel E.
Knowles III to be heard before Mag at 11:00 8/13/03 with oral argument (gw)
(Entered: 08/06/2003)
reply memo in response to dfts' memo in opp to pla's mtn for partial sum jgm
by Judge Jay C. Zainey Date Signed: 8/11/03 (gw) (Entered: 08/13/2003)
Solutions LLC to motion to compel responses to interrogs & req for prod of
docs and for sanctions [98-1] filed by plaintiff B&B Advisory Svc (gw)
(Entered: 08/11/2003)
08/11/2003 102 Req by plaintiff B&B Advisory Svc for oral argument on its motion for partial
sum jgm [94-1] & ORDER - denied by plaintiff B&B Advisory Svc (gw)
(Entered: 08/14/2003)
08/13/2003 101 Reply brief by plaintiff B&B Advisory Svc in support of its motion for partial
summary judgment [94-1] (gw) (Entered: 08/13/2003)
08/13/2003 105 Motion by plaintiff B&B Advisory Svc for expedited hearing on its motion to
continue certain deadlines and UNSIGNED ORDER DENIED AS MOOT (ca)
(Entered: 08/15/2003)
08/14/2003 103 MINUTE ENTRY ( 8/14/03 ) ORDERED the ORAL HEARING previously
scheduled re the pla's mtn to compel disc [98-1] is RESCHEDULED to
commence in Chambers on 8/20/03 at 4:30 by Magistrate Judge Daniel E.
12 of 16 1/24/11 1:41 PM
Knowles III (ca) (Entered: 08/15/2003)

Solutions LLC to mtn to cont certain deadlines and exp hrg of same filed by pla
B&B Advisory Svc (ca) (Entered: 08/15/2003)
08/15/2003 106 Motion by plaintiff B&B Advisory Svc and ORDER that the deadline to
produce its expert reports be extended to 8/29/03 by Judge Jay C. Zainey Date
Signed: 8/14/03 (ca) (Entered: 08/15/2003)
08/15/2003 107 Witness and exhibit list submitted by defendant Bombardier Aerospace,
defendant Bombardier Bus Jet, defendant Jet Solutions LLC (ca) (Entered:
08/15/2003)
08/15/2003 108 Witness list submitted by plaintiff B&B Advisory Svc (lg) (Entered:
08/18/2003)
08/22/2003 109 MINUTE ENTRY ( 8/22/03 ) Hrg held on pla's motion to compel responses to
interrogs & req for prod of docs and for sanctions [98-1]; ORDERED that pla's
mtn is granted in part & denied in part as stated herein; Any suppl responses
shall be provided to pla by facsimile transmission as soon as possible, but in no
event no later than 8/26/03 by Magistrate Judge Daniel E. Knowles III (gw)
(Entered: 08/22/2003)
09/08/2003 110 MOTION by plaintiff B&B Advisory Svc to review and clarify Magistrate's
Order of 8/22/03 to be heard before Judge at 9:00 9/24/03 (ca) (Entered:
09/09/2003)
suppl memo in support of its mtn for partial sum jgm by Judge Jay C. Zainey
Date Signed: 9/11/03 (gw) (Entered: 09/12/2003)
09/11/2003 112 Suppl memorandum by plaintiff B&B Advisory Svc in support of its [94-1]
motion for partial summary judgment (gw) (Entered: 09/12/2003)
09/16/2003 113 ORDER & REASONS: ORDERED that pla's motion for partial summary
judgment re rounding of flight times is DENIED; [94-1] by Judge Jay C.
Zainey Date Signed: 9/10/03 (rg) (Entered: 09/16/2003)
Bombardier Bus Jet, defendant Jet Solutions LLC to motion to review and
clarify Magistrate's Order of 8/22/03 [110-1] filed by plaintiff B&B Advisory
Svc (dmg) (Entered: 09/19/2003)
09/30/2003 116 Motion by plaintiff B&B Advisory Svc and ORDER expediting hearing on
pla's mtn to continue class certification hrg and deadlines on 10/3/03 at 9:00 by
Judge Helen G. Berrigan Date Signed: 10/1/03 (lg) (Entered: 10/03/2003)
09/30/2003 118 Motion by plaintiff B&B Advisory Svc and ORDER expediting hrg on pla's
mtn to certify interlocutory appeal to be heard on 10/3/03 at 9:00 by Judge
13 of 16 1/24/11 1:41 PM
Helen G. Berrigan Date Signed: 10/1/03 (lg) (Entered: 10/03/2003)

10/01/2003 117 MOTION by plaintiff B&B Advisory Svc to continue class certification hrg
and deadlines to be heard before Judge Zainey at 9:00 10/3/03 (lg) (Entered:
10/03/2003)
10/01/2003 119 MOTION by plaintiff B&B Advisory Svc to certify interlocutory order for
appeal to be heard before Judge Zainey at 9:00 10/3/03 (lg) (Entered:
10/03/2003)
Solutions LLC to motion to review and clarify Magistrate's Order of 8/22/03
[110-1] filed by plaintiff B&B Advisory Svc (gw) (Entered: 10/03/2003)
10/03/2003 120 Motion by plaintiff B&B Advisory Svc and ORDER for leave to file reply
memo to dfts' opp to pla's mtns to certify interlocutory order for appeal & to
cont class certification hrg & deadlines by Judge Jay C. Zainey Date Signed:
10/6/03 (lg) (Entered: 10/08/2003)
10/06/2003 121 Reply by plaintiff B&B Advisory Svc to dfts' response to pla's motion to
certify interlocutory order for appeal [119-1] and pla's motion to continue class
certification hrg and deadlines [117-1] (lg) (Entered: 10/08/2003)
10/09/2003 122 ORDER & REASONS: ORDERED that pla's motion to certify interlocutory
order for appeal [119-1] is denied; FURTHER ORDERED that the deadline for
filing the mtn for certification previously due on 10/8/03 is reset for 10/15/03;
FURTHER ORDERED that the deadlines for filing the opp to class
certification previously due on 10/22/03 is reset for 10/29/03; FURTHER
ORDERED that the reply brief on class certification previously due on
10/29/03 is reset for 11/5/03; FURTHER ORDERED that the hrg on class
certification (Doc. #87) previously set for 11/5/03 at 9:00 am is cont to
11/12/03 9:00 am by Judge Jay C. Zainey Date Signed: 10/8/03 (gw) Modified
on 10/09/2003 (Entered: 10/09/2003)
10/09/2003 123 MINUTE ENTRY ( 10/9/03 ) ORDERED that pla's motion to review and
clarify Magistrate's Order of 8/22/03 [110-1] is denied by Judge Jay C. Zainey
(gw) (Entered: 10/10/2003)
10/15/2003 124 MOTION by plaintiff B&B Advisory Svc for class certification to be heard
before Judge at 9:00 11/12/03 (gw) (Entered: 10/17/2003)
Solutions LLC to motion for class certification [124-1] filed by plaintiff B&B
Advisory Svc (gw) (Entered: 10/30/2003)
11/05/2003 126 ORDER Status conference was held on 11/3/03 to discuss the status of
proceedings regarding the putative class action & the individual claims
asserted by pla ; ORDERED that all deadlines, hrgs & memo related to the
class action allegations asserted by pla, including any individual "rounding"
14 of 16 1/24/11 1:41 PM
claims asserted by pla are stayed until after the completion of the appeal of the
denial of the rounding claim is complete; FURTHER ORDERED that all other
claims asserted by the ptys shall continue in this Court & that dfts are to
provide the Court with possible dates for a new trial date on the remaining
claims to be set at a later date by Judge Jay C. Zainey Date Signed: 11/4/03
(gw) (Entered: 11/05/2003)
11/05/2003 127 Rule 54(b) FINAL JUDGMENT on "Rounding" claim: ORDERED that pla's
claim regarding rounding of flight times is dismissed; FURTHER ORDERED
that this Court's 10/9/03 order & reasons denying pla's mtn to cont class
certification hrg & class certification deadlines & pla's mtn to certify
interlocutory appeal is revoked; FURTHER ORDERED that pla's claim for
rounding of flight times constitutes a distinct claim for relief; FURTHER
ORDERED that pursuant to FRCP 54(b) that there is no just reason for delay
of an immediate appeal on this matter & this Court directs the Clerk of Court to
enter a final jgm dismissing pla's claim regarding rounding of flight times by
Judge Jay C. Zainey Date signed: 11/4/03 (gw) (Entered: 11/05/2003)
11/13/2003 128 Notice of appeal by plaintiff B&B Advisory Svc from Dist. Court [127-1] final
judgment on "Rounding" claim entered on 11/4/03 and [113-1] order & reasons
entered on 9/16/03 denying pla's mtn for partial sum jgm on that claim. (gw)
(Entered: 11/14/2003)
11/13/2003 Payment of appeal fee by plaintiff B&B Advisory Svc in amount of $ 255.00
[128-1] (gw) (Entered: 11/14/2003)
11/21/2003 129 NOTICE/ORDER that a status conference is scheduled before Judge at 8:00
12/2/03; ordered parties to submit memos by 11/26/03 by Judge Jay C. Zainey
(plh) (Entered: 11/21/2003)
11/25/2003 130 MINUTE ENTRY (11/24/03) ORDERED that a status conference previously
set for 12/2/03 at 8:00 am is reset for 12/1/03 at 8:00 am in chambers by Judge
Jay C. Zainey (gw) (Entered: 11/25/2003)
11/26/2003 131 Memorandum of issues to be tried by plaintiff B&B Advisory Svc, defendant
Bombardier Aerospace, defendant Bombardier Bus Jet, defendant Jet Solutions
LLC (gw) (Entered: 12/01/2003)
12/01/2003 132 MOTION by plaintiff B&B Advisory Svc for partial summary judgment to be
heard before Judge at 9:00 12/17/03 (gw) (Entered: 12/01/2003)
Solutions LLC to motion for partial summary judgment [132-1] filed by
plaintiff B&B Advisory Svc (gw) (Entered: 12/02/2003)
for exp hrg & oral argument on pla's mtn for partial sum jgm and ORDER -
denied by Judge Jay C. Zainey Date Signed: 12/3/03 (gw) (Entered:
12/04/2003)
15 of 16 1/24/11 1:41 PM
12/03/2003 135 Opposition by plaintiff B&B Advisory Svc to mtn for exp hrg & oral argument
on pla's mtn for partial sum jgm [134-2] filed by dfts Bombardier Aerospace,
Bombardier Bus Jet, Jet Solutions LLC (gw) (Entered: 12/04/2003)
12/03/2003 136 MINUTE ENTRY ( 12/1/03 ) A status conf was held to discuss the setting of a
new trial date for determination of the individual claims of B&B Advisory agst
Bombardier Aerospace & Flexjet ; At the conf, an offer was proposed by
counsel for the dfts to purchase the interest pla owns in the jet in question;
ORDERED that pla's counsel has until 12/5/03 to inform dfts & this Court of
its acceptance or rejection of the dfts' offer to purchase the pla's interest in the
jet, reserving for trial all other issues by Judge Jay C. Zainey (gw) (Entered:
12/04/2003)
reply memo in support of its mtn for partial sum jgm by Judge Jay C. Zainey
(gw) (Entered: 12/04/2003)
12/04/2003 138 Reply memorandum by plaintiff B&B Advisory Svc in support of its [132-1]
motion for partial summary judgment (gw) (Entered: 12/04/2003)
12/05/2003 139 Motion by plaintiff B&B Advisory Svc and ORDER granting an ext of time
until 12/8/03 to respond to this Court's order to inform dfts & this Court of its
acceptance or rejection of the dfts' offer to purchase B&B's interest in the
Learjet 31 A by Judge Jay C. Zainey Date Signed: 12/8/03 (gw) (Entered:
12/09/2003)
12/09/2003 Record on Appeal sent to Circuit Court [128-1] USCA Number: 03-31080 (ca)
(Entered: 12/10/2003)
12/11/2003 140 60 DAY ORDER to dismiss case w/o costs & w/o prej by Judge Jay C. Zainey
Date Signed: 12/10/03. (CLOSED CASE) (gw) (Entered: 12/11/2003)
01/16/2004 141 ORDER from Court of Appeals: dismissing pla's appeal [128-1]. (Clerk, 5th
Circuit) (gw) (Entered: 01/20/2004)
01/16/2004 Record on appeal returned from U.S. Court of Appeals [0-0] (gw) (Entered:
01/21/2004)
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B & B ADVISORY SVC v. BOMBARDIER AEROSPACE, Et Al Docket

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B & B Advisory Svc v. Bombardier Aerospace, et al Date Filed: 08/30/2002

Richard A. Fraser , III

Richard A. Fraser , III

Richard A. Fraser , III

Date Filed # Docket Text

11/20/2002 6 MINUTE ENTRY ( 11/19/02): Preliminary Conference held 11/19/02;

03/19/2003 27 Notice of Deposition by defendant Bombardier Aerospace, defendant

04/15/2003 51 Memorandum by defendant Bombardier Aerospace, defendant Bombardier

unsworn stmt under penalty of perjury of Andrew Thacker by Judge Jay C.

Knowles III (ca) (Entered: 08/15/2003)

Helen G. Berrigan Date Signed: 10/1/03 (lg) (Entered: 10/03/2003)

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