Free Letter Transmitting Notice of Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod Case 1:04-cv-01263-REB-KLM

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APPEAL, NDISPO, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:04-cv-01263-REB-KLM

Friedland v. TIC - The Indus Co, et al Assigned to: Judge Robert E. Blackburn Referred to: Magistrate Judge Kristen L. Mix Demand: $0 Cause: 42:9607 Real Property Tort to Land Plaintiff Robert M. Friedland

Date Filed: 06/18/2004 Date Terminated: 01/22/2008 Jury Demand: None Nature of Suit: 893 Environmental Matters Jurisdiction: Federal Question

represented by Lauren C. Buehler Xcell Energy 1225 17th Street #900 Denver, CO 80202-5533 303-294-2972 Fax: 303-294-2988 Email: [email protected] TERMINATED: 08/22/2007 LEAD ATTORNEY Perry L. Glantz Fognani & Faught, PLLC 1700 Lincoln Street #2222 Denver, CO 80203 303-382-6200 Fax: 303-382-6209 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Kirk Mueller Davis Graham & Stubbs, LLP-Denver 1550 17th Street #500 Denver, CO 80202 303-892-7456 Fax: 303-893-1379 Email: [email protected] TERMINATED: 07/16/2007

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LEAD ATTORNEY Kristina I. Mattson Fognani & Faught, PLLC 1700 Lincoln Street #2222 Denver, CO 80203 303-382-6233 Fax: 303-382-6210 Email: [email protected] TERMINATED: 06/25/2007 V. Defendant TIC - The Industrial Company represented by Colin Christopher Deihl Faegre & Benson, LLP-Denver 1700 Lincoln Street Wells Fargo Center #3200 Denver, CO 80203-4532 303-607-3500 Fax: 303-607-3600 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Delmar R. Ehrich Faegre & Benson, LLP-Minneapolis 90 South 7th Street Wells Fargo Center #2200 Minneapolis, MN 55402-3901 612-766-7000 Fax: 612-766-1600 LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Stephen Freeman Faegre & Benson, LLP-Denver 1700 Lincoln Street Wells Fargo Center #3200 Denver, CO 80203-4532 303-607-3500 Fax: 303-607-3600 Email: [email protected] TERMINATED: 02/20/2007 LEAD ATTORNEY

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Defendant Mine & Mill Engineering, Inc. TERMINATED: 12/17/2004 Defendant Conveyor Engineering, Inc. TERMINATED: 03/02/2005 Defendant Geosyntec Consultants Inc. formerly known as Geoservices, Inc. represented by Delmar R. Ehrich (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Paul J. Sanner Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP-San Francisco 425 Market Street #2600 San Francisco, CA 94105 415-995-0517 Fax: 415-541-9366 LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven Matthew Kelso Wheeler Trigg Kennedy, LLP 1801 California Street #3600 Denver, CO 80202 303-244-1800 Fax: 303-294-1879 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Terence M. Ridley Wheeler Trigg Kennedy, LLP 1801 California Street #3600 Denver, CO 80202 303-244-1800 Fax: 303-294-1879 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Colin Christopher Deihl (See above for address)

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ATTORNEY TO BE NOTICED Marian Lee Wheeler Trigg Kennedy, LLP 1801 California Street #3600 Denver, CO 80202 303-244-1800 Fax: 303-244-1879 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Southway Construction Company Inc. of Alamosa TERMINATED: 12/17/2004 Defendant Doyon Brothers Road Construction and Clearing TERMINATED: 03/01/2005 Interested Party Travelers Indemnity Company represented by Leslie Ann Eaton Ballard, Spahr, Andrews & Ingersoll, LLP-Denver 1225 Seventeenth Street #2300 Denver, CO 80202-5596 303-299-7302 Fax: 303-296-3956 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jon Bernhardt Ballard, Spahr, Andrews & Ingersoll, LLP-Denver 1225 Seventeenth Street #2300 Denver, CO 80202-5596 303-292-7336 Fax: 303-296-3956 Email: [email protected] ATTORNEY TO BE NOTICED

Date Filed 06/18/2004

# 1

Docket Text COMPLAINT (Summons(es) issued) (pap) (Entered: 06/21/2004)

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FILING FEE PAID: on 6/18/04 in the amount of $ 150.00, receipt # 252580. (pap) (Entered: 06/21/2004) ORDER R16,stat,stlmt,pt,pto referred to Magistrate Judge O. E. Schlatter by Judge Phillip S. Figa (cc: to counsel) (dlb) (Entered: 06/25/2004) ORDER FOR RULE 16 CONFERENCE by Magistrate Judge O. E. Schlatter ; Rule 16 conference set for 9:45 9/21/04 (cc: all counsel) (dlb) (Entered: 06/29/2004) MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; rule 16 conference set for 10:00 10/13/04 (cc: all counsel) ; entry date : 9/22/04 (dlb) (Entered: 09/22/2004) MINUTE ORDER : by Magistrate Judge O. E. Schlatter ; rule 16 conference set for 9:30 11/29/04 (cc: all counsel) ; entry date : 10/7/04 (dlb) (Entered: 10/07/2004) WAIVER OF SERVICE of Summons and Complaint by defendant Geosyntec Conslt Inc on 10/18/04 by Paul Sanner, Esq., as Legal Counsel (dlb) Modified on 10/26/2004 (Entered: 10/26/2004) WAIVER OF SERVICE of Summons and Complaint by defendant Conveyor Eng Inc on 10/18/04 by Keith W. Oldemeyer, RA (dlb) (Entered: 10/26/2004) MINUTE ORDER: Scheduling Conference REset for 11/29/2004 09:30 AM before Magistrate Judge O. Edward Schlatter, by Magistrate Judge O. Edward Schlatter on 11/16/04. (gms, ) (Entered: 11/19/2004) MINUTE ORDER : Pursuant to counsel's oral motion, Scheduling Conference reset for 1/19/2005 10:00 AM before Magistrate Judge O. Edward Schlatter, by Magistrate Judge O. Edward Schlatter on 11/18/04. (gms, ) (Entered: 11/23/2004) MOTION for Extension of Time to File Answer until 20 days after an amended complaint has been filed re: 1 Complaint by Defendant Geosyntec Consultants Inc.. (dlb, ) (Entered: 12/14/2004) MEMORANDUM referring to Magistrate Judge Schlatter 10 MOTION for Extension of Time to File Answer re 1 Complaint filed by Geosyntec Consultants Inc. Entered by Judge Phillip S. Figa on 12/13/04. (pap, ) (Entered: 12/15/2004) ORDER granting 10 MOTION for Extension of Time to File Answer until 20 days after an amended complaint has been filed re: 1 Complaint by Defendant Geosyntec Consultants Inc by Magistrate Judge O. Edward Schlatter on 12/14/04. (dlb, ) (Entered: 12/16/2004) MOTION for Extension of Time to File Answer until thirty (30) days after filing of amended complaint re: 1 Complaint by Defendant TIC The Industrial Company. (dlb, ) (Entered: 12/21/2004) NOTICE of Voluntary Dismissal of Southway Construction Company

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Inc. of Alamosa w/o prejudice by Plaintiff Robert M. Friedland. (gms, ) (Entered: 12/22/2004) 12/17/2004 15 WAIVER OF SERVICE Returned Executed by Robert M. Friedland. TIC - The Industrial Company waiver sent on 10/27/2004, answer due 12/27/2004. (gms, ) (Entered: 12/22/2004) NOTICE of Voluntary Dismissal of Mine & Mill Engineering, Inc. w/o prejudice by Plaintiff Robert M. Friedland. (gms, ) (Entered: 12/22/2004) AMENDED COMPLAINT against TIC - The Industrial Company, Conveyor Engineering, Inc., Geosyntec Consultants Inc., Doyon Brothers Road Construction and Clearing , filed by Robert M. Friedland.(gms, ) (Entered: 12/22/2004) MEMORANDUM referring to Mag Judge Schlatter 13 MOTION for Extension of Time to File Answer re 1 Complaint filed by TIC - The Industrial Company, by Judge Phillip S. Figa on 12/17/04. (gms, ) (Entered: 12/22/2004) ORDER granting 13 TIC-The Industrial Company's Unopposed Motion for Extension of Time to Answer or Otherwise Plead. TIC shall have 30 days after plaintiff's filing of 17 Amended Complaint in which to respond by Magistrate Judge O. Edward Schlatter on 12/21/04. (lam, ) (Entered: 12/27/2004) ENTRY of Appearance by Paul J. Sanner on behalf of Geosyntec Consultants Inc. (pap, ) (Entered: 01/07/2005) ANSWER to Amended Complaint by Geosyntec Consultants Inc.(pap, ) (Entered: 01/13/2005) Corporate Disclosure Statement pursuant to LR 7.4 by Geosyntec Consultants Inc. (pap, ) (Entered: 01/13/2005) ANSWER to Amended Complaint by Defendant TIC - The Industrial Company.(lam, ) (Entered: 01/20/2005) Minute Entry for proceedings held before Judge O. Edward Schlatter : Scheduling Conference held on 1/19/2005 (Court Reporter FTR - Ctrm A601.) (dlb, ) (Entered: 01/25/2005) SCHEDULING ORDER: Discovery due by 5/15/2006. Dispositive Motions due by 7/15/2006. Proposed Pretrial Order due by 8/9/2006. Final Pretrial Conference set for 8/14/2006 09:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter.. Signed by Magistrate Judge O. Edward Schlatter on 1/19/05. (dlb, ) (Entered: 01/25/2005) MINUTE ORDER, Set/Reset Hearings: Final Pretrial Conference set for 8/14/2006 09:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter by Magistrate Judge O. Edward Schlatter on 1/19/05. (dlb, ) (Entered: 01/25/2005) MINUTE ORDER, Set/Reset Deadlines: Dismissal Paper due by

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2/9/2005.. Signed by Magistrate Judge O. Edward Schlatter on 1/19/05. (dlb, ) (Entered: 01/25/2005) 01/19/2005 28 CORRECTED MINUTE ORDER, Set/Reset Deadlines: Dismissal Paper due by 2/9/2005 by Magistrate Judge O. Edward Schlatter on 1/19/05. (dlb, ) (Entered: 01/25/2005) NOTICE of Change of Firm by Richard Kirk Mueller (gms, ) (Entered: 02/23/2005) NOTICE of Pla's Voluntary Dismissal of Doyon Brothers Road Construction and Clearing by Plaintiff Robert M. Friedland without prejudice. (dlb, ) (Entered: 03/03/2005) MOTION to Dismiss Defendant (Party) Conveyor Engineering, Inc. with prejudice, each party to pay own costs/fees by Plaintiff Robert M. Friedland, Defendant Conveyor Engineering, Inc.. (dlb, ) (Entered: 03/03/2005) ORDER granting 31 Motion to Dismiss Party Conveyor Engineering with prejudice, each party to pay their own atty fees and costs, Party Conveyor Engineering, Inc. terminated. . Signed by Judge Phillip S. Figa on 3/2/05. (erv, ) (Entered: 03/04/2005) TENDERED Amended Answer re: 35 MOTION to Amend/Correct/Modify 23 Answer to Amended Complaint by Defendant TIC - The Industrial Company. (lam, ) (Entered: 05/02/2005) MOTION to Amend/Correct/Modify 21 Answer to Amended Complaint by Defendant Geosyntec Consultants Inc. (lam, ) (Entered: 05/02/2005) TENDERED Amended Answer re: 33 MOTION to Amend/Correct/Modify 21 Answer to Amended Complaint by Defendant Geosyntec Consultants Inc. (lam, ) (Entered: 05/02/2005) Unopposed MOTION to Amend/Correct/Modify 23 Answer to Amended Complaint by Defendant TIC - The Industrial Company. (lam, ) (Entered: 05/02/2005) MINUTE ORDER granting Defendant The Industrial Company's Unopposed 35 Motion to file an Amended Answerby Magistrate Judge O. Edward Schlatter on 5/2/05. (lam, ) (Entered: 05/04/2005) MINUTE ORDER granting Defendant GeoSyntec's Unopposed 33 Motion for leave to file Amended Answer and Affirmative Defenses by Magistrate Judge O. Edward Schlatter on 5/2/05. (lam, ) (Modified on 5/4/2005 to add Minute to text) (lam, ). (Entered: 05/04/2005) AMENDED ANSWER to 17 Amended Complaint by Defendant TIC The Industrial Company. (lam, ) (Entered: 05/04/2005) AMENDED ANSWER to 17 Amended Complaint by Defendant Geosyntec Consultants Inc. (lam, ) (Entered: 05/04/2005) MOTION for Summary Judgment by Defendant Geosyntec Consultants

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Inc.. (Attachments: # 1 Exhibit A-1 Plea Agreement# 2 Exhibit A-2 EPA Report# 3 Exhibit A-3 Amended Third-Party Complaint by Friedland# 4 Exhibit A-4 Courtroom Minutes dated 5/26/00# 5 Exhibit A-5 Roper Dep. 5/9/89# 6 Exhibit A-6 Agreement - SCMCI and Klohn Leonoff# 7 Exhibit A-7 Affidavit of Joseph E. Fluet# 8 Exhibit A-7-A Klohn Leonoff Contract dated 9/23/85# 9 Exhibit A-7-B SCMCI Contract dated 6/1/87# 10 Exhibit A-7-C 1986 Final Report# 11 Exhibit A-7-D 1987 Final Report# 12 Exhibit A-7-E 1988 Final Report# 13 Exhibit A-7-F Field Report dated 5/26/86# 14 Exhibit A-7-G Field Report dated 6/3/86# 15 Exhibit A-8 Affidavit of Robert M. Friedland# 16 Exhibit A-9 Memo Re Chain of Command dated 8/19/86# 17 Exhibit A-10 Overton Dep. 5/3/89# 18 Exhibit A-11 Friedland Letter dated 7/23/86# 19 Exhibit A-12 Minutes of MLRD Meeting 7/24/86# 20 Exhibit A-13 Roper Dep. 6/1/89# 21 Exhibit A-14 Leonard Dep. 11/16/99# 22 Exhibit A-15 Overton Dep. 1/6/00# 23 Exhibit A-16 Holley Dep. 6/27/89# 24 Exhibit A-17 ICC's Third-Party Complaint# 25 Exhibit A-18 GeoSyntec's Motion to Strike# 26 Exhibit A-19 Transcript of Hearing 5/26/00# 27 Exhibit A-20 Amended Final Judgment dated 3/26/03# 28 Exhibit A-21 Overton Dep. 3/23/89)(Carlson, Marian) (Entered: 11/18/2005) 12/08/2005 42 Unopposed MOTION For Extension of Time to Respond to Defendant Geosyntec's Motion for Summary Judgment by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Richard) (Entered: 12/08/2005) ORDER granting 42 Plaintiff's Unopposed Motion for Extension of Time to Respond to Geosyntec's Motion for Summary Judgment to 1/3/06. Signed by Judge Phillip S. Figa on 12/12/05. (emksl, ) (Entered: 12/12/2005) MOTION to Supplement 41 MOTION for Summary Judgment by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Exhibit A-22 Excerpts from Neil McLeod Deposition# 2 Exhibit A-23 Excerpts from David Loucks Deposition)(Carlson, Marian) (Entered: 12/22/2005) Unopposed MOTION For Extension of Time to Respond to Plaintiff's First Set of Interrogatories and Requests for Production by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Proposed Order (PDF Only) Granting GeoSyntec's Unopposed Motion for Extension of Time to Respond to Plaintiff's First Set of Interrogatories and Requests for Production)(Carlson, Marian) (Entered: 12/22/2005) MEMORANDUM referring to Magistrate Judge Schlatter : 45 Unopposed MOTION For Extension of Time to Respond to Plaintiff's First Set of Interrogatories and Requests for Production filed by Geosyntec Consultants Inc., by Judge Phillip S. Figa on 12/22/05. (Text Only Entry - No Document Attached) (emksl, ) (Entered: 12/22/2005) Unopposed MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Summary Judgment, 44 MOTION to Supplement 41 MOTION for Summary Judgment by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Richard)

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(Entered: 12/30/2005) 01/03/2006 48 MINUTE ORDER granting 45 Geosyntec's Unopposed Motion for Extension of Time to Respond to Plaintiff's First Set of Interrogatories to 1/13/06, by Judge Phillip S. Figa on 1/3/06. (emksl, ) (Entered: 01/03/2006) ORDER granting Plaintiff's 47 Unopposed MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Summary Judgment, 44 MOTION to Supplement 41 MOTION for Summary Judgment to 1/10/06. Signed by Judge Phillip S. Figa on 1/4/06. (emksl, ) (Entered: 01/04/2006) RESPONSE to Motion re 44 MOTION to Supplement 41 MOTION for Summary Judgment, 41 MOTION for Summary Judgment filed by Plaintiff Robert M. Friedland. (Attachments: # 1 Exhibit 1 and 2# 2 Exhibit 3 - 7# 3 Exhibit 8 - 12# 4 Exhibit 13 - 22# 5 Exhibit 23, Part 1# 6 Exhibit 23, Part 2 - 26# 7 Exhibit 27 - 32# 8 Exhibit 33 - 51# 9 Exhibit 52 - 67# 10 Exhibit 68 - 77# 11 Exhibit 78 - 82# 12 Exhibit 83 - 87# 13 Pages Unpublished Opinion)(Buehler, Lauren) (Entered: 01/10/2006) Unopposed MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Supplement 41 MOTION for Summary Judgment, 41 MOTION for Summary Judgment, 50 Response to Motion, by Defendant Geosyntec Consultants Inc.. (Carlson, Marian) (Entered: 01/18/2006) MOTION to Bifurcate Proceedings by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Carlson, Marian) (Entered: 01/20/2006) First MOTION For Extension of Time to Extend or Stay the Deadline for Submitting Expert Reports Regarding Damage Issues by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Order (PDF Only))(Mattson, Kristina) (Entered: 01/25/2006) MEMORANDUM referring to Magistrate Judge Schlatter : 53 First MOTION For Extension of Time to Extend or Stay the Deadline for Submitting Expert Reports Regarding Damage Issues filed by Robert M. Friedland,by Judge Phillip S. Figa on 1/26/06 (Text Only Entry - No Document Attached). (lam, ) (Entered: 01/26/2006) ORDER granting 53 Plaintiff's Unopposed Motion to Extend or Stay Deadline for Expert Reports Regarding Damage Issues as set forth in this Order. Signed by Magistrate Judge O. Edward Schlatter on 1/27/06. (lam, ) (Entered: 01/27/2006) Unopposed MOTION For Extension of Time to Submit Expert Reports on Non-Damage Issues by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Richard) (Entered: 01/31/2006) MEMORANDUM referring to Magistrate Judge Schlatter : 56 Unopposed MOTION For Extension of Time to Submit Expert Reports on Non-Damage Issues filed by Robert M. Friedland, (Text Only Entry -

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No Document Attached) by Judge Phillip S. Figa on 1/31/06. (erv, ) (Entered: 01/31/2006) 02/01/2006 58 Minute ORDER granting 56 Plaintiff's Unopposed Motion for Extension of Time to Submit Expert Reports on Non-Damage Issues to 2/8/06, by Magistrate Judge O. Edward Schlatter on 2/1/06. (lam, ) (Entered: 02/01/2006) REASSIGNING MAGISTRATE JUDGE. Upon the retirement of Magistrate Judge O. Edward Schlatter, this case has been reassigned and is now referred to Michael E. Hegarty, effective February 15, 2006. All future pleadings should reference Magistrate Judge Hegarty at the end of the civil action number (such as 05-cv-00500-LTB-MEH). The dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Hegarty in Courtroom A601. His chambers are located in Room A651. His telephone number is 303-8444507. (Text only entry - no document attached) (gms, ) (Entered: 02/08/2006) Expert Witness Designation by Plaintiff Robert M. Friedland. (Mueller, Richard) (Entered: 02/08/2006) Unopposed MOTION For Extension of Time to Respond to Defendant Geosyntec's Motion to Bifurcate 52 by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Richard) Modified on 2/9/2006 to create linkage(emksl, ). (Entered: 02/08/2006) MOTION for Summary Judgment by Defendant TIC - The Industrial Company. (Deihl, Colin) (Entered: 02/08/2006) BRIEF in Support re 62 MOTION for Summary Judgment filed by Defendant TIC - The Industrial Company. (Attachments: # 1 Exhibit Exhibit A-1# 2 Exhibit Exhibit A-2# 3 Exhibit Exhibit A-3# 4 Exhibit Exhibit A-4# 5 Exhibit Exhibit A-5# 6 Exhibit Exhibit A-6part1# 7 Exhibit Exhibit A-6part2# 8 Exhibit Exhibit A-7# 9 Exhibit Exhibit A-8# 10 Exhibit Exhibit A-9# 11 Exhibit Exhibit A-10# 12 Exhibit Exhibit A11# 13 Exhibit Exhibit A-12# 14 Exhibit Exhibit A-13# 15 Exhibit Exhibit A-14# 16 Exhibit Exhibit A-15# 17 Exhibit Exhibit A-16# 18 Exhibit Exhibit A-17# 19 Exhibit Exhibit A-18# 20 Exhibit Exhibit A19# 21 Exhibit Exhibit A-20# 22 Exhibit Exhibit A-21# 23 Exhibit Exhibit A-22# 24 Exhibit Exhibit A-23# 25 Exhibit Exhibit A-24# 26 Exhibit Exhibit A-25)(Deihl, Colin) (Entered: 02/08/2006) Docket Annotation re: 61 Unopposed MOTION For Extension of Time to Respond to Defendant Geosyntec's Motion to Bifurcate. Text altered to create link to Doc. #52. Text only entry - no document attached. (emksl, ) (Entered: 02/09/2006) ORDER granting Plaintiff's Unopposed 61 Motion for Extension of Time to Respond to Defendant Grosyntec's Motionto Bifurcate. Defendant's have until 02/16/06 to file response. Signed by Judge Phillip S. Figa on 02/10/06. (rlp, ) (Entered: 02/13/2006)

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Second MOTION for Extension of Time to File Response/Reply as to 51 Unopposed MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Supplement 41 MOTION for Summary Judgment, 41 MOTION for Summary Judgment, 50 Response to Motion, by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Proposed Order (PDF Only) Granting GeoSyntec's Motion for Second Extension of Time to File Reply in Support of Motion for Summary Judgment)(Carlson, Marian) (Entered: 02/14/2006) NOTICE of Non-Opposition to Defendant GeoSyntec's Second Motion for Extension of Time by Plaintiff Robert M. Friedland (Mueller, Richard) (Entered: 02/15/2006) MEMORANDUM referring to Magistrate Judge Hegarty : 66 Second MOTION for Extension of Time to File Response/Reply as to 51 Unopposed MOTION for Extension of Time to File Response/Reply as to 44 MOTION to Supplement 41 MOTION for Summary Judgment, 41 MOTION for Summary Judgment, 50 Response to Moti filed by Geosyntec Consultants Inc., by Judge Phillip S. Figa on 02/15/06. (Text Only Entry - No Document Attached)(rlp2, ) (Entered: 02/15/2006) Second MOTION For Extension of Time to of One Day To Respond to Defendant GeoSyntec's Motion to Bifurcate 52 by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Order (PDF Only) Order Granting Plaintiff's Second Unopposed Motion for Extension of Time of One Day to Respond to defendant GeoSyntec's Motion to Bifurcate)(Mueller, Richard) Modified on 2/16/2006 to create linkage(emksl, ). (Entered: 02/15/2006) Docket Annotation re: 69 Second MOTION For Extension of Time to of One Day To Respond to Defendant GeoSyntec's Motion to Bifurcate. Docket text altered to create link to Doc. #52. Text only entry - no document attached. (emksl, ) (Entered: 02/16/2006) MINUTE ORDER granting Plaintiff's Second Unopposed 69 Motion for Extension of Time of One Day to Respond to Defendant Geosyntec's Motion to Bifurcate, Plaintiff shall have to and including 02/17/06 to file response, by Judge Phillip S. Figa on 02/16/06. (rlp, ) Modified to remove 'signed' from text on 2/16/2006 (rlp, ). (Entered: 02/16/2006) MINUTE ORDER granting Defendant's Second 66 Motion for Extension of Time to File Reply in Support of Motion for Summary Judgment, Defendant shall have until and including 02/22/06 to file reply to Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment, by Magistrate Judge Michael E. Hegarty on 02/16/06. (rlp, ) (Entered: 02/16/2006) Docket Annotation re: 71 Order on Motion for Extension of Time, Modified to remove 'signed' from docket text. Text only entry - no document attached. (rlp, ) (Entered: 02/16/2006) RESPONSE to Motion re 52 MOTION to Bifurcate Proceedings filed by Plaintiff Robert M. Friedland. (Attachments: # 1 Exhibit A and B)

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(Mattson, Kristina) (Entered: 02/17/2006) 02/22/2006 75 REPLY to Response to Motion re 41 MOTION for Summary Judgment filed by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Exhibit A-22 - Dep of Robert Friedland 01.27.06# 2 Exhibit A-23 - Dep of Edward Roper 12.13.99# 3 Exhibit A-24 - Dep of Robert Friedland 01.21.00# 4 Exhibit A-25 - USGS Open-File Report 95-23 Re Summitville# 5 Exhibit A-26 - Affidavit of Laurin Drake# 6 Exhibit A27 - GeoServices Report dated 01.27.86# 7 Exhibit A-28 - GeoServices Report dated 09.18.86, incl. attachments by Wallace# 8 Exhibit A-29 Supplemental Affidavit of Joseph Fluet, Jr.# 9 Exhibit A-30 Construction Contract# 10 Exhibit A-31 - Dep. of Terrell Young dated 07.07.89# 11 Exhibit A-32 - GeoServices Report dated 08.10.86# 12 Exhibit A-33 - GeoServices Report dated 11.07.86# 13 Exhibit A-34 GeoServices Report dated 07.11.86# 14 Exhibit A-35 - GeoServices Report dated 10.28.86# 15 Exhibit A-36 - GeoServices Report dated 09.20.86# 16 Exhibit A-37 - Columbia Report dated 10.13.86# 17 Exhibit A-38 - Columbia Report dated 10.22.86# 18 Exhibit A-39 GeoServices Report dated 11.10.86# 19 Exhibit A-40 - GeoServices Report dated 11.13.86# 20 Exhibit A-41 - Columbia Report dated 09.05.86# 21 Exhibit A-42 - Order and Memorandum of Decision re Grundle dated 01.12.01# 22 Exhibit A-43 - Order and Memorandum of Decision re Southway dated 03.31.01# 23 Exhibit A-44 - Motion of Robert Friedland, as Assignee of ICC, for Default Judgment# 24 Exhibit A-45 - Final Judgment dated 03.29.02# 25 Exhibit A-46 - Table Addressing Facts Asserted by Friedland)(Carlson, Marian) (Entered: 02/22/2006) MOTION to Strike 50 Response to Motion, Exhibits by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Exhibit 1 - GeoSyntec's Objections to Exhibits Submitted by Plaintiff in Opposition to Summary Judgment Motion)(Carlson, Marian) (Entered: 02/22/2006) Unopposed MOTION For Extension of Time to Serve Expert Disclosures Pursuant to Rule 26(a)(2) by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Proposed Order (PDF Only) Granting Defendants' Joint Unopposed Motion for Extension of Time to Serve Expert Disclosures)(Carlson, Marian) (Entered: 02/27/2006) MEMORANDUM referring to Magistrate Judge Hegarty : 77 Unopposed MOTION For Extension of Time to Serve Expert Disclosures Pursuant to Rule 26(a)(2) filed by Geosyntec Consultants Inc., by Judge Michael E. Hegarty on 02/27/06. (Text Only Entry - No Document Attached) (rlp, ) (Entered: 02/27/2006) MINUTE ORDER granting Defendants' Unopposed 77 Motion for Extension of Time to Serve Expert Disclosures Pursuant to Rule 26a2, Defendants shall submit expert disclosures no later than 04/10/06, by Judge Michael E. Hegarty on 03/01/06. (rlp, ) (Entered: 03/01/2006) First MOTION For Extension of Time to Respond to Defendant TIC's Motion for Summary Judgment 62 by Plaintiff Robert M. Friedland.

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(Attachments: # 1 Proposed Order (PDF Only))(Mattson, Kristina) Modified on 3/3/2006 to create linkage (emksl, ). (Entered: 03/02/2006) 03/03/2006 81 Docket Annotation re: 80 First MOTION For Extension of Time to Respond to Defendant TIC's Motion for Summary Judgment. Docket text altered to create link to Doc. #62. Text only entry - no document attached. (emksl, ) (Entered: 03/03/2006) ORDER denying Plaintiff's 80 Motion for Extension of Time to Respond to Defendant TIC's Motion for Summary Judgment. Signed by Judge Phillip S. Figa on 03/03/06. (rlp, ) (Entered: 03/03/2006) MOTION for Extension of Time to File Response/Reply to TIC's Motion for Summary Judgment 62 by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Granting Plaintiff's Renewed Motion for Extension of Time)(Buehler, Lauren) Modified on 3/6/2006 to create linkage (emksl, ). (Entered: 03/03/2006) Docket Annotation re: 83 MOTION for Extension of Time to File Response/Reply. Docket text altered to create link to Doc. #62. Text only entry - no document attached. (emksl, ) (Entered: 03/06/2006) REPLY to Response to Motion re 52 MOTION to Bifurcate Proceedings filed by Defendant Geosyntec Consultants Inc.. (Carlson, Marian) (Entered: 03/06/2006) First MOTION to Notice of Errata and Motion to Substitute New Exhibit 10 to Plaintiff's Brief in Response to Geosyntec's Motion for Summary Judgment by Plaintiff Robert M. Friedland. (Attachments: # 1 Exhibit Proposed Substitute Exhibit 10 to Plaintiff's Response in Opposition to Defendant Geosyntec's Motion for Summary Judgment# 2 Proposed Order (PDF Only))(Mueller, Richard) (Entered: 03/13/2006) MOTION for Extension of Time to File Response/Reply to Defendant Geosyntec's 76 Motion to Strike Certain Exhibits to Plaintiff's Response in Opposition to Motion for Summary Judgment by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Richard) Modified to create link to #76 on 3/17/2006 (rlp, ). (Entered: 03/16/2006) MEMORANDUM referring to Magistrate Judge Hegarty : 87 MOTION for Extension of Time to File Response/Reply to Defendant Geosyntec's Motion to Strike Certain Exhibits to Plaintiff's Response in Opposition to Motion for Summary Judgment filed by Robert M. Friedland, by Judge Phillip S. Figa on 03/17/06. (Text Only Entry - No Document Attached) (rlp, ) (Entered: 03/17/2006) MINUTE ORDER granting 87 MOTION for Extension of Time to File Response to Defendant Geosyntec's Motion to Strike Certain Exhibits to Plaintiff's Response in Opposition to Motion for Summary Judgment, Plaintiff's Response due by 3/24/2006, by Magistrate Judge Michael E. Hegarty on 03/17/06. (rlp, ) (Entered: 03/17/2006)

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Docket Annotation re: 87 MOTION for Extension of Time to File Response/Reply to Defendant Geosyntec's Motion to Strike Certain Exhibits to Plaintiff's Response in Opposition to Motion for Summary Judgment Modified to create link to #76 on 3/17/2006. Text only entry no document attached. (rlp, ) (Entered: 03/17/2006) MINUTE ORDER,Reset Hearings: Final Pretrial Conference RESET for 9/7/2006 10:00 AM in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. by Magistrate Judge Michael E. Hegarty on 03/20/06. (rlp, ) (Entered: 03/20/2006) RESPONSE to Motion re 76 MOTION to Strike 50 Response to Motion, Exhibits filed by Plaintiff Robert M. Friedland. (Attachments: # 1 Exhibit 1 to 4# 2 Appendix Unpublished Authority)(Mueller, Richard) (Entered: 03/24/2006) Joint MOTION For Extension of Time to of Discovery Cutoff by Plaintiff Robert M. Friedland, Defendants TIC - The Industrial Company, Geosyntec Consultants Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Richard) (Entered: 03/27/2006) MEMORANDUM referring to Magistrate Judge Hegarty : 93 Joint MOTION For Extension of Time to of Discovery Cutoff filed by TIC The Industrial Company, Robert M. Friedland, Geosyntec Consultants Inc . Signed by Judge Phillip S. Figa on 03/27/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 03/27/2006) MINUTE ORDER granting Joint 93 Motion for Extension of Time of Discovery Cutoff, all discovery to be completed by 06/30/06, no further extensions to be granted on this deadline, by Magistrate Judge Michael E. Hegarty on 03/28/06. (rlp, ) (Entered: 03/28/2006) Utility Resetting Deadlines: Discovery due by 6/30/2006, per Minute Order of 03/28/06. Text only entry - no document attached. (rlp, ) (Entered: 03/28/2006) BRIEF in Opposition re 62 MOTION for Summary Judgment by Defendant TIC - The Industrial Company filed by Plaintiff Robert M. Friedland. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5 to 11# 6 Exhibit 12# 7 Exhibit 13# 8 Exhibit 14# 9 Exhibit 15 to 17# 10 Exhibit 18 to 20# 11 Exhibit 21 pt 1# 12 Exhibit Ex 21 pt 2# 13 Exhibit 22 to 27)(Fognani, John) (Entered: 03/31/2006) RESPONSE to Motion re 86 First MOTION to Notice of Errata and Motion to Substitute New Exhibit 10 to Plaintiff's Brief in Response to Geosyntec's Motion for Summary Judgment filed by Defendant Geosyntec Consultants Inc.. (Carlson, Marian) (Entered: 04/04/2006) Unopposed MOTION for Extension of Time to File Reply in Support of Motion 62 , for Summary Judgment by Defendant TIC - The Industrial Company. (Attachments: # 1 Proposed Order (PDF Only))(Deihl, Colin) (Modified on 4/10/2006 to reflect a linkage to the Motion)(erv, ). (Entered: 04/07/2006)

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04/10/2006

100

Unopposed MOTION For Extension of Time to Serve Expert Disclosures (Second) Pursuant to Rule 26(a)(2) by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Proposed Order (PDF Only) Granting GeoSyntec's Unopposed Motion for Second Extension of Time to Serve Expert Disclosures Pursuant to Rule 26(a)(2))(Carlson, Marian) (Entered: 04/10/2006) REPLY to Response to Motion re 76 MOTION to Strike 50 Response to Motion, Exhibits filed by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Exhibit A-Comparison of Deposition Excerpts Cited by Friedland and GeoSyntec# 2 Exhibit B-Unpublished Authority) (Carlson, Marian) (Entered: 04/10/2006) Expert Witness Designation by Defendant TIC - The Industrial Company. (Deihl, Colin) (Entered: 04/10/2006) MEMORANDUM referring to Magistrate Judge Hegarty : 100 Unopposed MOTION For Extension of Time to Serve Expert Disclosures (Second) Pursuant to Rule 26(a)(2) filed by Geosyntec Consultants Inc., by Judge Phillip S. Figa on 04/11/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 04/11/2006) ORDER granting 99 Unopposed MOTION for Extension of Time to File Response/Reply in Support of Motion for Summary Judgment Defendant's Reply in support of it's motion due by 4/28/2006. Signed by Judge Phillip S. Figa on 04/11/06. (rlp, ) (Entered: 04/12/2006) MINUTE ORDER granting 100 Defendant Geosyntec Consultants, Inc.'s Unopposed Motion for Second Extension of Time to Serve Expert Disclosures Pursuant to Rule 26(a)(2), by Magistrate Judge Michael E. Hegarty on 04/13/06. (rlp, ) (Entered: 04/13/2006) Joint MOTION for Protective Order for Entry of Stipulated Confidentiality Protective Order by Plaintiff Robert M. Friedland, Defendants TIC - The Industrial Company, Geosyntec Consultants Inc.. (Attachments: # 1 Proposed Document Stipulated Confidentiality Protective Order)(Mueller, Richard) (Entered: 04/21/2006) MEMORANDUM referring : 106 Joint MOTION for Protective Order for Entry of Stipulated Confidentiality Protective Order filed by TIC The Industrial Company,, Robert M. Friedland,, Geosyntec Consultants Inc., by Judge Phillip S. Figa on 04/24/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 04/24/2006) BRIEF in Support re 86 First MOTION to Notice of Errata and Motion to Substitute New Exhibit 10 to Plaintiff's Brief in Response to Geosyntec's Motion for Summary Judgment filed by Plaintiff Robert M. Friedland. (Mueller, Richard) (Entered: 04/24/2006) NOTICE of Entry of Appearance by Perry L. Glantz on behalf of Robert M. Friedland (Glantz, Perry) (Entered: 04/25/2006) MINUTE ORDER granting 106 Joint Motion for Entry of Stipulated

04/10/2006

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104

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04/25/2006 04/27/2006

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Confidentiality Protective Order, by Magistrate Judge Michael E. Hegarty on 04/27/06. (rlp, ) (Entered: 04/27/2006) 04/27/2006 04/27/2006 111 112 PROTECTIVE ORDER regarding discovery. Signed by Judge Michael E. Hegarty on 04/27/06. (rlp, ) (Entered: 04/27/2006) Unopposed MOTION For Extension of Time to File Its Reply in Support of Motion for Summary Judgment by Defendant TIC - The Industrial Company. (Attachments: # 1 Proposed Order (PDF Only))(Deihl, Colin) (Entered: 04/27/2006) ORDER granting 112 Defendant TIC's Unopposed Motion for ThreeDayExtension of Time To File Its Reply in Support of Motion for Summary Judgment, said defendant has until 05/03/06 to file a Reply. Signed by Judge Phillip S. Figa on 04/27/06. (rlp, ) (Entered: 04/27/2006) REPLY to Response to Motion re 62 MOTION for Summary Judgment filed by Defendant TIC - The Industrial Company. (Attachments: # 1 Exhibit A-26# 2 Exhibit A-27# 3 Exhibit A-28# 4 Exhibit A-29# 5 Exhibit A-30 (1 of 2)# 6 Exhibit A-30 (2 of 2)# 7 Exhibit A-31# 8 Exhibit A-32# 9 Exhibit A-33# 10 Exhibit A-34# 11 Exhibit A-35# 12 Exhibit A-36# 13 Exhibit A-37# 14 Exhibit A-38# 15 Exhibit A-39# 16 Exhibit A-40# 17 Exhibit A-41# 18 Exhibit A-42)(Deihl, Colin) (Entered: 05/03/2006) Substitution of Affidavit of Donald L. Hotaling to REPLY to Response to Motion re 62 MOTION for Summary Judgment 114 filed by Defendant TIC - The Industrial Company. (Attachments: # 1 Exhibit A-26 (1 of 3)# 2 Exhibit A-26 (2 of 3)# 3 Exhibit A-26 (3 of 3))(Deihl, Colin) Modified on 5/5/2006 to clarify that this is a substitution of an affidavit, not a reply to the motion for summary judgment and correcting the linkage to the reply itself. (gms, (Entered: 05/04/2006) Docket Annotation re: 115 Reply to Response to Motion. This docket entry has been modified to clarify that this is a substitution of an affidavit, not a reply to the motion for summary judgment and correcting the linkage to the reply, Doc #114. Text only entry - no document attached. (gms, ) (Entered: 05/05/2006) MOTION to Compel Discovery Regarding Damages and, MOTION for Sanctions by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Exhibit 1 - Friedland's Rule 26(a)(1) Initial Disclosures# 2 Exhibit 2 GeoSyntec's First Set of Interrogatories and Request for Production to Plaintiff# 3 Exhibit 3 - Friedland's Responses to GeoSyntec's First Set of Interrogatories and Requests for Production# 4 Exhibit 4 - August 5, 2005 Letter to Mueller# 5 Exhibit 5 - August 30, 2005 Letter from Mueller# 6 Exhibit 6 - September 27, 2005 Letter from Cynthia Vega# 7 Exhibit 7 - March 22, 2006 Letter to Mueller# 8 Exhibit 8 - April 18, 2006 Letter from Mueller# 9 Exhibit 9 - May 5, 2006 Letter to Mueller# 10 Exhibit 10 - Filed Under Seal)(Carlson, Marian) (Entered: 06/02/2006) SEALED DOCUMENT by Defendant Geosyntec Consultants Inc..

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(Carlson, Marian) (Entered: 06/02/2006) 06/02/2006 119 MOTION to Seal Document Docket No. 118, Exhibit 10 to Motion to Compel Discovery Regarding Damages and for Sanctions (Docket No. 117) by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Carlson, Marian) (Entered: 06/02/2006) CERTIFICATE of Mailing/Service re 118 Sealed Document Exhibit 10 to GeoSyntec's Motion to Compel Discovery Regarding Damages and for Sanctions (Docket No. 117) by Defendant Geosyntec Consultants Inc.. (Carlson, Marian) (Entered: 06/02/2006) Exhibit number 10 to 117 MOTION to Compel Discovery Regarding Damages and and MOTION for Sanctions, by Defendant Geosyntec Consultants Inc. Public Entry for Sealed document number 118 , text only entry no document attached. (rlp, ) (Entered: 06/05/2006) MEMORANDUM referring to Magistrate Judge Hegarty : 117 MOTION to Compel Discovery Regarding Damages and MOTION for Sanctions MOTION for Sanctions MOTION for Sanctions MOTION for Sanctions filed by Geosyntec Consultants Inc., by Judge Phillip S. Figa on 06/02/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 06/06/2006) MEMORANDUM referring to Magistrate Judge Hegarty : 119 MOTION to Seal Document Docket No. 118, Exhibit 10 to Motion to Compel Discovery Regarding Damages and for Sanctions (Docket No. 117) filed by Geosyntec Consultants Inc., by Judge Phillip S. Figa on 06/05/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 06/06/2006) MINUTE ORDER granting 119 Defendant GeoSyntec's Motion to File Exhibit 10 to Motion to Compel Discovery Regarding Damages and for Sanctions Under Seal. Signed by Magistrate Judge Michael E. Hegarty on 06/12/06. (rlp, ) (Entered: 06/12/2006) MOTION to Quash Subpoena Issued to Zeeb & Co. by Interested Party Travelers Indemnity Company. (Bernhardt, Jon) (Entered: 06/16/2006) DECLARATION of Jon Bernhardt regarding MOTION to Quash Subpoena Issued to Zeeb & Co. 125 by Interested Party Travelers Indemnity Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Bernhardt, Jon) (Entered: 06/16/2006) Stipulated MOTION to Amend/Correct/Modify 25 Scheduling Order,, 95 Order on Motion for Extension of Time, 91 Order, Set/Reset Hearings, Stipulated MOTION to Vacate 55 Order on Motion for Extension of Time by Plaintiff Robert M. Friedland, Defendants TIC - The Industrial Company, Geosyntec Consultants Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Ridley, Terence) (Entered: 06/19/2006) MEMORANDUM referring to Magistrate Judge Hegarty : 127 Stipulated MOTION to Amend/Correct/Modify 25 Scheduling Order,, 95 Order on Motion for Extension of Time, 91 Order, Set/Reset HearingsStipulated

06/02/2006

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MOTION to Vacate 55 Order on Motion for Extension of TimeStipulated MOTION to Vacate 55 Order on Motion for Extension of Time filed by TIC - The Industrial Company,, Robert M. Friedland,, Geosyntec Consultants Inc., by Judge Phillip S. Figa on 06/20/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 06/20/2006) 06/22/2006 129 ORDER Setting Hearing on Motion 125 MOTION to Quash Subpoena Issued to Zeeb & Co.: Motion Hearing set for 7/7/2006 01:30 PM before Judge Phillip S. Figa. Signed by Judge Phillip S. Figa on 06/22/06. (rlp, ) (Entered: 06/22/2006) Unopposed MOTION for Extension of Time to File Response/Reply as to 117 MOTION to Compel Discovery Regarding Damages and by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Richard) Modified to clean up entry on 7/3/2006 (rlp, ). (Entered: 06/22/2006) ORDER granting 127 Motion for Modification of Scheduling Order and Related Relief.The dispositive motion deadline is changed to October 30, 2006. Written discovery related to damages shall be served by no later than October 17, 2006. The preliminary pretrial conference is vacated and rescheduled to December 21, 2006, at 10:00 a.m. Signed by Magistrate Judge Michael E. Hegarty on 06/26/06. (rlp, ) (Entered: 06/26/2006) Utility Resetting Deadlines/Hearings per order of 06/26/06: Discovery due by 11/17/2006. Dispositive Motions due by 10/30/2006. Preliminary Pretrial Conference set for 12/21/2006 10:00 AM before Magistrate Judge Michael E. Hegarty. Text only entry - no document attached. (rlp, ) Modified to add date on order on 7/3/2006 (rlp, ). (Entered: 06/26/2006) MEMORANDUM referring to Magistrate Judge Hegarty : 130 Unopposed MOTION for Extension of Time to File Response/Reply as to 117 MOTION to Compel Discovery Regarding Damages and MOTION for Sanctions MOTION for Sanctions MOTION for Sanctions MOTION for Sanctions filed by Robert M. Friedland, by Judge Phillip S. Figa on 7/3/06. (Text Only Entry - No Document Attached)(pap2, ) (Entered: 07/03/2006) ORDER REFERRING MOTION: 125 MOTION to Quash Subpoena Issued to Zeeb & Co. filed by Travelers Indemnity Company. Motions hearing vacated, motion referred to Magistrate Judge Hegarty for ruling. Signed by Judge Phillip S. Figa on 07/05/06. (rlp, ) (Entered: 07/05/2006) BRIEF in Opposition re 125 MOTION to Quash Subpoena Issued to Zeeb & Co. filed by Defendant Geosyntec Consultants Inc.. (Attachments: # 1 Exhibit A - E-Mail from Terence Ridley to Jon Bernhardt# 2 Exhibit B - GeoSyntec's Second Set of Interrogatories and Requests for Production to Plaintiff# 3 Exhibit C - Friedland's Responses to GeoSyntec's Second Set of Interrogatories and Requests for Production# 4 Exhibit D - Travelers' Unopposed Motion for Extension in Friedland v. Travelers)(Ridley, Terence) (Entered: 07/06/2006)

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07/11/2006

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MINUTE ORDER granting 130 Plaintiff's Unopposed Motion for Extension of Time to respond to Defendant GeoSyntec's Motion to Compel Discovery Regarding Damages and for Sanctions. Plaintiff's Response is to be filed on or before July 14, 2006, and should outline which discovery matters in Defendant's Motion remain unresolved by Magistrate Judge Michael E. Hegarty on 07/11/06. (rlp, ) (Entered: 07/11/2006) REPLY to Response to Motion re 125 MOTION to Quash Subpoena Issued to Zeeb & Co. filed by Interested Party Travelers Indemnity Company. (Attachments: # 1 Exhibit Privilege Log of Travelers Indemnity# 2 Exhibit Privilege Log Part 2 of 2)(Bernhardt, Jon) (Entered: 07/13/2006) MINUTE ORDER denying without prejudice 117 Defendant GeoSyntec's Motion to Compel Discovery Regarding Damages and for Sanctions, Signed by Magistrate Judge Michael E. Hegarty on 07/24/06. (rlp, ) (Entered: 07/24/2006) Expert Witness Designation Re: Damages by Plaintiff Robert M. Friedland. (Mueller, Richard) (Entered: 08/11/2006) MINUTE ORDER vacating Final Pretrial Conference for 09/07/06 @ 10:00 am, counsel are to confer and contact chambers to reschedule, by Judge Michael E. Hegarty on 08/30/06. (rlp, ) (Entered: 08/30/2006) MINUTE ORDER Clarifying the Record. The Minute Order of 8/30/06 140 was entered in error: Final Pretrial Conference remains set for 12/21/2006 10:00 AM before Magistrate Judge Michael E. Hegarty, by Judge Michael E. Hegarty on 9/1/06. (gms, ) (Entered: 09/01/2006) ORDER granting 125 Motion to Quash, GeoSyntec is to compensate Zeeb at the rate of ten cents per page for producing this material. All requests for attorney's fees related to this motion are denied, signed by Magistrate Judge Michael E. Hegarty on 09/05-06. (rlp2, ) (Entered: 09/06/2006) MOTION to Compel Discovery by Defendant TIC - The Industrial Company. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2# 3 Exhibit A-3) (Deihl, Colin) (Entered: 10/11/2006) MEMORANDUM regarding 143 MOTION to Compel Discovery filed by TIC - The Industrial Company. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Phillip S. Figa on 10/11/06. (Text Only Entry - No Document Attached)(rlp2, ) (Entered: 10/11/2006) Joint MOTION For Extension of Time to Submit Rule 26(a)(2) Report by Defendants TIC - The Industrial Company, Geosyntec Consultants Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Ridley, Terence) (Entered: 10/16/2006) MEMORANDUM regarding 145 Joint MOTION For Extension of Time to Submit Rule 26(a)(2) Report filed by TIC - The Industrial Company,

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139 140

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Geosyntec Consultants Inc..Motions referred to Magistrate Judge Michael E. Hegarty by Judge Phillip S. Figa on 10/17/06. (Text Only Entry - No Document Attached)(rlp2, ) (Entered: 10/17/2006) 10/17/2006 147 MINUTE ORDER granting 145 Defendants' Joint Motion for One-Day Extension of Time to Submit Rule 26(a)(2) Expert Reportby Magistrate Judge Michael E. Hegarty on 10/17/06.(rlp2, ) (Entered: 10/17/2006) MOTION to Supplement 50 Response to Motion, To Supplement the Record Regarding Defendant Geosyntec Consultants Inc.'s Motion for Summary Judgment by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Document Attachment 1 - Robert M. Friedland's Supplement to his Response in Opposition to Defendant Geosyntec Consultants Inc., f/k/a Geoservices, Inc.s' Motion for Summary Judgment# 2 Exhibit 1 to Supplement# 3 Exhibit 2 to Supplement# 4 Exhibit 3 to Supplement# 5 Exhibit 4 to Supplement# 6 Exhibit 5 to Supplement# 7 Exhibit 6 to Supplement# 8 Exhibit 7 to Supplement# 9 Exhibit 8 to Supplement# 10 Exhibit 9 to Supplement# 11 Exhibit 10 to Supplement# 12 Exhibit 11 to Supplement# 13 Exhibit 12 to Supplement# 14 Exhibit 13 to Supplement# 15 Exhibit 14 to Supplement# 16 Exhibit 15 to Supplement# 17 Exhibit 16 to Supplement# 18 Exhibit 17 to Supplement# 19 Exhibit 18 to Supplement# 20 Exhibit 19 to Supplement# 21 Exhibit 20 to Supplement# 22 Exhibit 21 to Supplement# 23 Exhibit 22 to Supplement# 24 Exhibit 23 to Supplement# 25 Exhibit 24 to Supplement# 26 Exhibit 25 to Supplement# 27 Exhibit 26 to Supplement# 28 Exhibit 27 to Supplement# 29 Exhibit 28 to Supplement# 30 Exhibit 29 to Supplement# 31 Exhibit 30 to Supplement# 32 Exhibit 31 to Supplement# 33 Exhibit 32 to Supplement# 34 Exhibit 33 to Supplement# 35 Proposed Order (PDF Only))(Mueller, Richard) (Entered: 10/27/2006) MOTION to Supplement 97 Brief in Opposition to Motion, for Summary Judgment filed on behalf of Defendant TIC - The Industrial Company by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Document Attachment 1, Robert M. Friedland's Supplement to His Response in Opposition to Defendant TIC - The Industrial Company's Motion for Summary Judgment# 2 Exhibit 1 to Supplement# 3 Exhibit 2 to Supplement# 4 Exhibit 3 to Supplement# 5 Exhibit 4 to Supplement# 6 Exhibit 5 to Supplement# 7 Exhibit 6 to Supplement# 8 Exhibit 7 to Supplement# 9 Exhibit 8 to Supplement# 10 Exhibit 9a to Supplement# 11 Exhibit 9b to Supplement# 12 Exhibit 9c to Supplement# 13 Exhibit 9d to Supplement# 14 Exhibit 10 to Supplement# 15 Exhibit 11 to Supplement# 16 Exhibit 12 to Supplement# 17 Exhibit 13 to Supplement# 18 Exhibit 14 to Supplement# 19 Exhibit 15 to Supplement# 20 Exhibit 16 to Supplement# 21 Exhibit 17 to Supplement# 22 Exhibit 18 to Supplement# 23 Exhibit 19 to Supplement# 24 Exhibit 20 to Supplement# 25 Exhibit 21 to Supplement# 26 Exhibit 22 to Supplement# 27 Exhibit 23 to Supplement# 28 Exhibit 24 to Supplement# 29 Exhibit 25 to Supplement# 30 Exhibit 26 to Supplement# 31 Exhibit 27 to

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Supplement# 32 Exhibit 28 to Supplement# 33 Exhibit 29 to Supplement# 34 Exhibit 30 to Supplement# 35 Proposed Order (PDF Only))(Mueller, Richard) (Entered: 10/27/2006) 10/30/2006 150 MOTION for Summary Judgment Regarding Plaintiff's CERCLA Liability by Plaintiff Robert M. Friedland. (Mueller, Richard) (Entered: 10/30/2006) BRIEF in Support re 150 MOTION for Summary Judgment Regarding Plaintiff's CERCLA Liability filed by Plaintiff Robert M. Friedland. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10 part 1# 11 Exhibit 10 Part 2# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15)(Mueller, Richard) (Entered: 10/30/2006) MOTION for Partial Summary Judgment and Memorandum Brief for Partial Summary Judgment that Mr. Friedland's CERCLA Respons Costs for Government Directed Remediation were Consistent with the National Contingency Plan by Plaintiff Robert M. Friedland. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Glantz, Perry) (Entered: 10/30/2006) Joint MOTION for Summary Judgment on Damages by Defendant TIC The Industrial Company. (Deihl, Colin) (Entered: 10/30/2006) Joint MOTION to SEAL Brief in Support of 153 Joint Motion for Summary Judgment by Defendant TIC - The Industrial Company. (Attachments: # 1 Proposed Order (PDF Only))(Deihl, Colin) Modified on 10/31/2006 to correct entry to Motion to Seal, from Motion for Summary Judgment.(rlp2, ). (Entered: 10/30/2006) BRIEF in Support re 153 Joint MOTION for Summary Judgment on Damages (Filed Under Seal Cover Page only) filed by Defendant TIC The Industrial Company. (Deihl, Colin) (Entered: 10/30/2006) SEALED DOCUMENT by Defendant TIC - The Industrial Company. (Attachments: # Exhibit A-1# Exhibit A-2# Exhibit A-3# Exhibit A-4# Exhibit A-5# Exhibit A-6# Exhibit A-7# Exhibit A-8)(Deihl, Colin) (Entered: 10/30/2006) BRIEF in Support of 153 Joint MOTION for Summary Judgment on Damages with supporting EXHIBITS A-1 through A-8. Public Entry for Sealed Document 156 . Text only entry, no documents attached. (rlpsl, ) (Entered: 10/31/2006) Docket Annotation re: 154 MOTION to Seal. Modified Entry on 10/31/2006 to correct entry to Motion to Seal, from Motion for Summmary Judgment. (Text only entry - no document attached) (rlp2, ) (Entered: 10/31/2006) Unopposed MOTION for Extension of Time to File Response/Reply as to 143 MOTION to Compel Discovery by Plaintiff Robert M. Friedland.

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(Attachments: # 1 Proposed Order (PDF Only))(Mattson, Kristina) (Entered: 11/03/2006) 11/03/2006 160 MEMORANDUM regarding 159 Unopposed MOTION for Extension of Time to File Response/Reply as to 143 MOTION to Compel Discovery filed by Robert M. Friedland. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Phillip S. Figa on 11/03/06. (Text Only Entry - No Document Attached)(rlp2, ) (Entered: 11/03/2006) MINUTE ORDER granting 159 Motion for Extension of Time to File Response/Reply re 143 MOTION to Compel Discovery. Response due by 11/7/2006 by Magistrate Judge Michael E. Hegarty on 11/03/06.(rlp, ) (Entered: 11/06/2006) BRIEF in Opposition re 143 MOTION to Compel Discovery filed by Plaintiff Robert M. Friedland. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Pages 1989 WL 20529 (D.Colo.) # 7 Pages 1995 WL 358198 (D.Kan.)# 8 Pages 1997 WL 524905 (D.Colo.))(Mueller, Richard) (Entered: 11/07/2006) Unopposed MOTION for Extension of Time to File Response/Reply as to 148 MOTION to Supplement 50 Response to Motion, To Supplement the Record Regarding Defendant Geosyntec Consultants Inc.'s Motion for Summary Judgment by Defendant Geosyntec Consultants Inc. (Attachments: # 1 Proposed Order (PDF Only))(Carlson, Marian) Modified to clean up entry on 11/17/2006 (rlp, ). (Entered: 11/16/2006) MINUTE ORDER, setting telephonic Status Conference for 11/20/2006 09:45 AM before Magistrate Judge Michael E. Hegarty, by Judge Michael E. Hegarty on 11/17/06. (rlp, ) (Entered: 11/17/2006) Unopposed MOTION for Extension of Time to File Response/Reply as to 149 MOTION to Supplement 97 Brief in Opposition to Motion, for Summary Judgment filed on behalf of Defendant TIC - The Industrial Company MOTION to Supplement. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Deihl, Colin) Modified on 11/20/2006, to clean duplicative links from entry (rlp, ). (Entered: 11/17/2006) MOTION For Extension of Time to Designate Expert Rebuttal Witnesses by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Richard) (Entered: 11/17/2006) MEMORANDUM regarding 166 MOTION For Extension of Time to Designate Expert Rebuttal Witnesses filed by Robert M. Friedland. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael E. Hegarty by Judge Phillip S. Figa on 11/20/06. (erv, ) (Entered: 11/20/2006) Expert Witness Designation of Rebuttal Expert Witnesses by Plaintiff Robert M. Friedland. (Mueller, Richard) (Entered: 11/20/2006) Unopposed MOTION For Extension of Time to Respond to Defendant The Industrial Company's Third Set of Interrogatories and Requests for

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Production by Plaintiff Robert M. Friedland. (Attachments: # 1 Proposed Order (PDF Only))(Mueller, Richard) (Entered: 11/20/2006) 11/20/2006 170 Minute Entry for proceedings held before Magistrate Judge Michael E. Hegarty : Status Conference held on 11/20/2006. The Final Pretrial Conference set for December 21, 2006, is CONVERTED to a Status Conference. Counsel shall appear in person.Counsel shall file a Joint Status Report regarding remaining discoveryissues on or before December 19, 2006,Final Pretrial Conference set for 12/29/2006 09:30 AM in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. (Court Reporter FTR Cathy Coomes.) (erv, ) (Entered: 11/21/2006) MEMORANDUM regarding 169 Unopposed MOTION For Extension of Time to Respond to Defendant The Industrial Company's Third Set of Interrogatories and Requests for Production filed by Robert M. Friedland. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Phillip S. Figa on 11/20/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 11/21/2006) MINUTE ORDER resetting Final Pretrial Conference for 1/29/2007 09:30 AM before Magistrate Judge Michael E. Hegarty. The Proposed Final Pretrial Order is to be submitted to Chambers via email no later than January 22, 2007, by Judge Michael E. Hegarty on 11/21/06. (rlp, ) (Entered: 11/21/2006) ORDER granting 163 Motion for Extension of Time to File Response/Reply re 148 MOTION to Supplement 50 Response to Motion, To Supplement the Record Regarding Defendant Geosyntec Consultants Inc.'s Motion for Summary Judgment. Response due by 11/29/2006. Signed by Judge Phillip S. Figa on 11/21/06.(rlp, ) modified to correct link in entry on 11/30/06. (Entered: 11/21/2006) ORDER granting 165 Motion for Extension of Time to File Response re 149 MOTION to Supplement Brief in Opposition to Motion for Summary Judgment filed on behalf of Defendant TIC - The Industrial Company by Plaintiff Robert M. Friedland Response due by 11/29/2006. Signed by Judge Phillip S. Figa on 11/22/06.(rlp, ) Modified on 11/28/2006, to correct entry. (rlp, ). (Entered: 11/22/2006) MINUTE ORDER granting 166 Plaintiffs Motion for Extension of Time to Designate Expert Rebuttal Witnesses; granting 169 Plaintiffs Unopposed Motion for Extension of Time to Respond to Defendant The IndustrialCompanys Third Set of Interrogatories and Requests for Production, by Magistrate Judge Michael E. Hegarty on 11/22/06.(rlp, ) (Entered: 11/22/2006) REPLY to Response to Motion re 143 MOTION to Compel Discovery filed by Defendant TIC - The Industrial Company. (Deihl, Colin) (Entered: 11/22/2006) RESPONSE to Motion re 149 MOTION to Supplement 97 Brief in Opposition to Motion, for Summary Judgment filed on behalf of Defendant TIC - The Industrial Company MOTION to Supplement 97

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Brief in Opposition to Motion, for Summary Judgment filed on behalf of Defendant TIC - The Industrial Company MOTION to Supplement 97 Brief in Opposition to Motion, for Summary Judgment filed on behalf of Defendant TIC - The Industrial Company MOTION to Supplement 97 Brief in Opposition to Motion, for Summary Judgment filed on behalf of Defendant TIC - The Industrial Company MOTION to Supplement 97 Brief in Opposition to Motion, for Summary Judgment filed on behalf of Defendant TIC - The Industrial Company MOTION to Supplement 97 Brief in Opposition to Motion, for Summary Judgment filed on behalf of Defendant TIC - The Industrial Company, 148 MOTION to Supplement 50 Response to Motion, To Supplement the Record Regarding Defendant Geosyntec Consultants Inc.'s Motion for Summary Judgment MOTION to Supplement 50 Response to Motion, To Supplement the Record Regarding Defendant Geosyntec Consultants Inc.'s Motion for Summary Judgment MOTION to Supplement 50 Response to Motion, To Supplement the Record Regarding Defendant Geosyntec Consultants Inc.'s Motion for Summary Judgment MOTION to Supplement 50 Response to Motion, To Supplement the Record Regarding Defendant Geosyntec Consultants Inc.'s Motion for Summary Judgment MOTION to Supplement 50 Response to Motion, To Supplement the Record Regarding Defendant Geosyntec Consultants Inc.'s Motion for Summary Judgment MOTION to Supplement 50 Response to Motion, To Supplement the Record Regarding Defendant Geosyntec Consultants Inc.'s Motion for Summary Judgment filed by Defendants TIC - The Industrial Company, Geosyntec Consultants Inc.. (Attachments: # 1 Exhibit A-1)(Carlson, Marian) (Entered: 11/29/2006) 11/29/2006 178 BRIEF in Opposition re 150 MOTION for Summary Judgment Regarding Plaintiff's CERCLA Liability filed by Defendants TIC - The Industrial Company, Geosyntec Consultants Inc.. (Attachments: # 1 Continuation of Main Document Index of Exhibits# 2 Exhibit A# 3 Exhibit B (part 1)# 4 Exhibit B (part 2)# 5 Exhibit C# 6 Exhibit D (part 1)# 7 Exhibit D (part 2)# 8 Exhibit E# 9 Exhibit F (part 1)# 10 Exhibit F (part 2)# 11 Exhibit G# 12 Exhibit H# 13 Exhibit I# 14 Exhibit J# 15 Exhibit K# 16 Exhibit L# 17 Exhibit M# 18 Exhibit N# 19 Exhibit O# 20 Exhibit P# 21 Exhibit Q# 22 Exhibit R# 23 Exhibit S# 24 Exhibit T# 25 Exhibit U# 26 Exhibit V# 27 Exhibit W# 28 Exhibit X# 29 Exhibit Y# 30 Exhibit Z# 31 Exhibit AA# 32 Exhibit BB# 33 Exhibit CC# 34 Exhibit DD# 35 Exhibit EE# 36 Exhibit FF# 37 Exhibit GG# 38 Exhibit HH (part 1)# 39 Exhibit HH (part 2)# 40 Exhibit HH (part 3))(Deihl, Colin) (Entered: 11/29/2006) BRIEF in Opposition re 152 MOTION for Partial Summary Judgment and Memorandum Brief for Partial Summary Judgment that Mr. Friedland's CERCLA Respons Costs for Government Directed Remediation were Consistent with the National Contingency Plan filed by Defendants TIC - The Industrial Company, Geosyntec Consultants Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5 (part 1)# 6 Exhibit 5 (part 2))(Deihl, Colin) (Entered: 11/29/2006)

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ORDER granting in part and denying in part 143 Defendant TheIndustrial Companys (TIC) Motion to Compel Discovery, Plaintiff shall respond to the requests no later th