EFTA00187405 United States District Court Eastern District of Pennsylvania - Docket Report Page 1 of 7 CLOSED, STANDARD # United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:02-cv-07671-CN SHANKS . WEXNER et al Assigned to: HONORABLE CLARENCE C. NEWCOMER Cause: 28:1332 Diversity-Breach of Contract

Date Filed: 10/02/2002

Date Terminated: 10/21/2003

Jury Demand: None

Nature of Suit: 195 Contract Product Liability

Jurisdiction: Diversity

Plaintiff NELSON SHANKS

represented by

JEFFREY D. HOFFERMAN GOLLATZ GRIFFIN & EWING PC 4 PENN CENTER PLAZA SUITE 200 1600 JOHN FITZGERALD KENNEDY BOULEVARD PHILADELPHIA, PA 19103-2813 215-563-9400 Fax: 215-665-9988 Email: jhofferman@ggelaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

LESLIE WEXNER

represented by	CHRISTOPHER J. GUITON
	DRINKER BIDDLE & REATH
	ONE LOGAN SQ
	18TH&CHERRY STS
	PHILA,PA 19103
	215-988-2546
	LEADATTORNEY
	ATTORNEY TO BE NOTICED

# J. FOX DRINKER BIDDLE & REATH LLP ONE LOGAN SQ 18TH & CHERRY STS PHILA, PA 19106-6996 215-988-2714 Fax: 215-988-2757 Email: foxlj@dbr.com **LEAD ATTORNEY** https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?261521028494284-L_353_0-1 5/22/2007 EFTA00187406 United States District Court Eastern District of Pennsylvania - Docket Report Page 2 of 7 ATTORNEY TO BE NOTICED Defendant ABIGAIL WEXNER H/W

represented by

CHRISTOPHER J. GUITON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED JEFFREY E. EPSTEIN INDIVIDUALLY doing business as J. EPSTEIN AND COMPANY, INC.

represented by	CHRISTOPHER J. GUITON
	(See above for address)
	LEAD ATTORNEY
	ATTORNEY TO BE NOTICED

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant GHISLAINE MAXWELL

represented by

CHRISTOPHER J. GUITON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed	#	Docket Text
10/02/2002	1	COMPLAINT against JEFFREY E. EPSTEIN, GHISLAINE MAXWELL, ABIGAIL WEXNER, LESLIE WEXNER( Filing fee $ 150 receipt number 803892.), filed by NELSON SHANKS.(ti,) Additional attachment(s) added on 2/13/2003 (ldb, ).(Entered: 10/03/2002)
10/02/2002		Summons Issued as to JEFFREY E. EPSTEIN, GHISLAINE MAXWELL, ABIGAIL WEXNER, LESLIE WEXNER.Four Forwarded To: Counsel on 10/3/02(ti,) (Entered: 10/03/2002)
12/16/2002	2	ORDER THAT JEFFREY E. EPSTEIN; GHISLAINE MAXWELL; ABIGAIL WEXNER; LESLIE WEXNER HAVE UNTIL 12/31/02 TO ANSWER,MOVE,OR OTHERWISE PLEAD TO THE COMPLAINT;

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		J. FOX WILL ACCEPT SERVICE ON BEHALF OF ALL DEFENDANTS ETC. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 12/16/02. 12/17/02 ENTERED AND COPIES MAILED (ph,) (Entered: 12/17/2002)
12/30/2002	3	MOTION FOR DISMISSAL PURSUANT TO FRCP 12(b)(2), MEMORANDUM, CERTIFICATE OF SERVICE FILED BY EPSTEIN, GHISLAINE MAXWELL, ABIGAIL WEXNER, LESLIE WEXNER.(ph,) Additional attachment(s) added on 2/13/2003 (Idb,) (Entered: 12/31/2002)
01/15/2003	4	STIPULATION & ORDER THAT PLAINTIFF SHALL HAVE UNTIL 1/31/03 TO FILE A RESPONSE TO DEFENDANT's MOTION TO DISMISS. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 1/15/03. 1/15/03 ENTERED AND COPIES MAILED.(rv,) (Entered: 01/15/2003)
02/07/2003	5	STIPULATION AND ORDER THAT PLAINTIFF SHALL HAVE UNTIL 2/14/03 TO FILE A RESPONSE TO DEFENDANT's MOTION TO DISMISS. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 2/7/03. 2/10/03 ENTERED AND COPIES MAILED(ph,) (Entered: 02/10/2003)
02/14/2003	6	REPLY filed by NELSON SHANKS to Defendant's Motion to Dismiss pursuant to F.R.C.P. 12(b)(2), Certificate of Service.(rv,) (Entered: 02/18/2003)
02/27/2003	7	REPLY to Plaintiff's Response to Defendants' Motion to Dismiss filed by JEFFREY E. EPSTEIN, GHISLAINE MAXWELL, ABIGAIL WEXNER, LESLIE WEXNER, Certificate of Service.(ar,) (Entered: 02/28/2003)
03/18/2003	8	OPINION AND ORDER DENYING DEFENDANT's MOTION FOR DISMISSAL. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 3/18/03.3/19/03 ENTERED AND COPIES MAILED(ph,) (Entered: 03/19/2003)
04/07/2003	9	STIPULATION AND ORDER THAT JEFFREY E. EPSTEIN, GHISLAINE MAXWELL, ABIGAIL WEXNER, LESLIE WEXNER's ANSWER IS EXTENDED TO 4/18/03. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 4/7/03. 4/8/03 ENTERED AND COPIES MAILED(ph,) (Entered: 04/08/2003)
04/24/2003	10	STIPULATION AND ORDER THAT ABIGAIL WEXNER AND LESLIE WEXNER's ANSWER IS DUE 4/30/03. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 4/24/03. 4/25/03 ENTERED AND COPIES MAILED(ph,) (Entered: 04/25/2003)
04/30/2003	11	ANSWER, affirmative defenses to Complaint by JEFFREY E. EPSTEIN, GHISLAINE MAXWELL, ABIGAIL WEXNER, LESLIE WEXNER, Certificate of service.(ph,) Additional attachment(s) added on 5/16/2003 (ph,) (Entered: 05/01/2003)

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04/30/2003		Issue Joined (ph, ) (Entered: 05/01/2003)
05/05/2003	12	NOTICE of Hearing: Pretrial Conference set for 5/13/2003 03:15 PM in Judge's Chambers, Room 13614 (13th Floor) before HONORABLE CLARENCE C. NEWCOMER. (mf) (Entered: 05/05/2003)
05/19/2003	13	STIPULATION AND ORDER THAT PLAINTIFF SHALL HAVE UNTIL 5/30/03 TO RESPOND TO DEFENDANTS' ANSWER AND COUNTERCLAIMS FILED ON 4/30/03. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 5/19/03. 5/19/03 ENTERED AND COPIES MAILED (ph, ) (Entered: 05/19/2003)
05/22/2003	14	ORDER THAT DISCOVERY IS DUE B/8/13/03; DISPOSITIVE MOTIONS BY B/8/13/03; RESPONSES TO DISPOSITIVE MOTIONS BY B/25/03; FINAL PRETRIAL/SETTLEMENT CONFERENCE BY B/24/03 AT 11:15 A.M.; PRETRIAL MEMORANDA BY W/17/03; COUNSEL SHALL BE PREPARED FOR TRIAL BY B/9/23/03. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON B/22/03. 5/22/03 ENTERED AND COPIES MAILED (ph, ) (Entered: 05/22/2003)
05/29/2003	15	MOTION TO DISMISS COUNTERCLAIM FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED, MEMORANDUM, CERTIFICATE OF SERVICE FILED BY NELSON SHANKS.(ph, ) Modified on 5/29/2003 (ph, ). Additional attachment(s) added on 6/16/2003 (vw, ). Additional attachment(s) added on 6/16/2003 (vw, ). Additional attachment(s) added on 6/16/2003 (vw, ). Additional attachment(s) added on 6/16/2003 (vw, ). (Entered: 05/29/2003)
06/19/2003	16	STIPULATION AND ORDER THAT THE TIME IN WHICH THE DEFENDANTS MUST SUBMIT A REPLY TO PLAINTIFF'S MOTION TO DISMISS COUNT II OF DEFENDANTS' COUNTERCLAIM, IS EXTENDED UNTIL AND INCLUDING 6/30/03. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 6/19/03. 6/19/03 ENTERED AND COPIES MAILED (ph, ) (Entered: 06/19/2003)
07/08/2003	17	STIPULATION AND ORDER THAT DEFENDANTS MUST SUBMIT A REPLY TO PLAINTIFF'S MOTION TO DISMISS COUNT II OF DEFENDANTS' COUNTERCLAIM BY 7/14/03 ETC. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 7/8/03. 7/9/03 ENTERED AND COPIES MAILED AND FAXED 7/8/03(ph, ). Additional attachment(s) added on 7/9/2003 (ldb, ). (Entered: 07/09/2003)
07/14/2003	18	Reply to plaintiff's motion to dismiss pursuant to FRCP 12(b)(6), Certificate of service filed by ABIGAIL WEXNER, LESLIE WEXNER. (ph, ). Additional attachment(s) added on 7/17/2003 (ph, ). (Entered: 07/15/2003)
07/18/2003	19	Response to defendants' reply to motion to dismiss counterclaim for failure to state a claim upon which relief can be granted, Certificate of service filed by NELSON SHANKS. (ph, ). (Entered: 07/21/2003)
08/13/2003	20	MOTION FOR JUDGMENT ON THE PLEADINGS AGAINST

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		JEFFREY EPSTEIN WITH RESPECT TO COUNT I OF THE COMPAINT(BREACH OF CONTRACT),CERTIFICATE OF SERVICE FILED BY NELSON SHANKS.(ph,) (Entered:08/13/2003)
08/21/2003	21	ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION TO DISMISSION AND DEFENDANT'S RESPONSE,IT IS ORDERED THAT SAID MOTION IS DENIED ETC.SIGNED BY JUDGE JAMES R.MELINSON ON 8/21/03.8/22/03 ENTERED AND COPIES MAILED(ph,) (Entered:08/22/2003)
08/26/2003	22	PLAINTIFF'S MOTION TO COMPLEL FILED BY NELSON SHANKS,CERTIFICATE OF COUNSEL,CERTIFICATE OF SERVICE(.ar,) (Entered:08/26/2003)
08/26/2003	23	ANSWER AND AFFIRMATIVE DEFENSES OF PLAINTIFF TO COUNTERCLAIMS OF DEFENDANTS LESLIE AND ABIGAIL WEXNER BY NELSON SHANKS,CERTIFICATE OF SERVICE(.ar,) (Entered:08/26/2003)
08/26/2003	24	Supplement to Plaintiff's Motion for Judgment on the Pleadings Against Defendant Jeffrey Epstein with Respect to Count I of Plaintiff's Complaint(Breach of Contract) filed by NELSON SHANKS,Certificate of Service(.ar,) (Entered:08/26/2003)
08/27/2003	25	Memorandum in opposition to plaintiff's motion for judgment on the pleadings as to count one - breach of contract,Certificate of service filed by JEFFREY E.EPSTEIN.(ph,) Additional attachment(s) added on9/4/2003(ph,) (Entered:08/28/2003)
08/28/2003	26	Reply to EPSTEIN's memorandum in opposition to plaintiff's motion for judgment on the pleadings,Certificate of service by NELSON SHANKS.(ph,) (Entered:08/29/2003)
08/28/2003	27	MOTION TO STRIKE DEFENDANT'S MEMORANDUM IN OPPOSITION FOR VIOLATION OF COURT ORDER,CERTIFICATE OF SERVICE filed by NELSON SHANKS.(SEE#26).(ph,) (Entered:08/29/2003)
09/04/2003	28	ORDER DENVING PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS WITH RESPECT TO COUNT I,the COURT FINDS THAT THERE ARE FACTUAL ISSUES IN THIS CASE AS TO WHETHER A CONTRACT WAS FORMED BETWEEN THE PARTIES AND THE TERMS OF ANY SUCH CONTRACT..SIGNED BY JUDGE CLARENCE C.NEWCOMER ON9/4/03.9/4/03ENTERED AND COPIES MAILED AND FAXED.(ph,) (Entered:09/04/2003)
09/05/2003	29	RESPONSE to plaintiff NELSON SHANKS' motion to compel,Certificate of service filed by JEFFREY E.EPSTEIN,GHISLAINE MAXWELL,ABIGAIL WEXNER,LESLIE WEXNER.(ph,) (Entered:09/08/2003)
09/05/2003	30	MOTION FOR PROTECTIVE ORDER TO QUASH NOTICE OF

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		DEPOSITIONS, MEMORANDUM, CERTIFICATION OF COUNSEL, CERTIFICATE OF SERVICE filed by JEFFREY E. EPSTEIN, GHISLAINE MAXWELL, ABIGAIL WEXNER, LESLIE WEXNER.. (ph.,) Additional attachment(s) added on 10/1/2003 (ph.,) Additional attachment(s) added on 10/10/2003 (ph.,) (Entered: 09/08/2003)
09/09/2003	31	ORDER MOOTING PLAINTIFFS' MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS AND RESPONSES TO INTERROGATORIES ETC.. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 9/9/03.9/10/03 ENTERED AND COPIES MAILED AND FAXED 9/9/03(ph.,) (Entered: 09/10/2003)
09/10/2003	32	Reply to defendants' motion for a protective order to quash notice of depositions and supplemental memorandum of law in connection with plaintiff's motion to compel discovery responses, Certification of counsel, Certificate of service filed by NELSON SHANKS. (ph.,) Additional attachment(s) added on 9/18/2003 (fh.,) (Entered: 09/11/2003)
09/18/2003	33	ORDER DENYING AS MOOT DEFENDANT'S MOTION TO QUASH NOTICE OF DEPOSITIONS, UPON REPRESENTATION THAT THE PARTIES HAVE AGREED UPON THE LOCATIONS OF THE NOTICED DEPOSITIONS ETC.. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 9/18/03.9/18/03 ENTERED AND COPIES MAILED (ph.,) (Entered: 09/18/2003)
09/23/2003	34	ORDER THAT THE COURT'S PRETRIAL SCHEDULING ORDER IS AMENDED AS FOLLOWS: DISCOVERY BY 10/10/03, SETTLEMENT/FINAL PRETRIAL CONFERENCE ON 10/20/03 AT 11:15; PRETRIAL MEMORANDA AND JOINT PROPOSED JURY INSTRUCTIONS 10/15/03; COUNSEL SHALL BE PREPARED FOR TRIAL ON 10/20/03. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 9/23/03. 9/24/03 ENTERED AND COPIES MAILED (ph.,) (Entered: 09/24/2003)
09/23/2003		SETTLEMENT CONFERENCE SET FOR 10/20/2003 11:15 AM BEFORE HONORABLE CLARENCE C. NEWCOMER. (ph.,) (Entered: 09/24/2003)
10/21/2003	35	STIPULATION AND ORDER THAT THE COURT DISMISS THE CAPTIONED MATTER, INCLUDING ALL CLAIMS AND COUNTERCLAIMS, WITH PREJUDICE.. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 10/21/03. 10/21/03 ENTERED AND COPIES MAILED AND FAXED.(ph.,) (Entered: 10/21/2003)
10/24/2003	36	STIPULATION AND ORDER THAT PURSUANT TO FRCP 41(a)(1) (ii) AND THE SETTLEMENT AGREEMENT, THAT THE PARTIES REQUEST THE COURT DISMISS THE CAPTIONED MATTER, INCLUDING ALL CLAIMS AND COUNTERCLAIMS, WITH PREJUDICE.. SIGNED BY JUDGE CLARENCE C. NEWCOMER ON 10/24/03. 10/24/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS(ph.,) (Entered: 10/24/2003)

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