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1 1 of 7 6/17/2012 7:33 AM General Docket United States Court of Appeals for the Sixth Circuit Court of Appeals Docket #: Docketed: Lawrence Acker, et al Termed: 02/22/2010 Appeal From: Southern District of Ohio at Cincinnati Fee Status: fee paid Case Type Information: 1) Original Proceeding 2) Mandamus 3) null Originating Court Information: District: : Trial Judge: Herman J. Weber, U.S. District Judge Prior Cases: None Current Cases: Consolidated Lead Member Start End /31/2010 In re: LAWRENCE J. ACKER BRIAN W. BUTTARS LINDA DESMOND JAMES P. FEENEY AINELLO MANCUSI RON MIASTKOWSKI PERRY PEKA Law Office 250 Civic Center Drive Suite 500 Columbus, OH 43215
2 2 of 7 6/17/2012 7:33 AM PATRICK SIMASKO WAYNE STANFORD THE BARON GROUP, INC., dba, Baron's Ice House UNITED STATES OF AMERICA Respondent John P. Fonte Direct: [COR LD NTC Government] U.S. Department of Justice Antitrust Division Room Pennsylvania Avenue, N.W. Washington, DC James Joseph Fredricks Direct: [COR NTC Government] U.S. Department of Justice Antitrust Division - Appellate Section 950 Pennsylvania Avenue N.W. Washington, DC Robert B. Nicholson Direct: [COR NTC Government] U.S. Department of Justice Antitrust Division Room Pennsylvania Avenue, N.W. Washington, DC ARCTIC GLACIER INTERNATIONAL INC. Respondent Melissa B. Hirst Direct: [COR NTC Retained] Jones Day Firm: W. Wacker Drive Suite 3500 Chicago, IL John Michael Majoras Direct: Jones Day Firm: Lakeside Avenue Cleveland, OH Chad A. Readler Direct: [COR NTC Retained] Jones Day Firm: John H. McConnell Boulevard
3 3 of 7 6/17/2012 7:33 AM Suite 600 Columbus, OH 43215
4 4 of 7 6/17/2012 7:33 AM In re: LAWRENCE J. ACKER; BRIAN W. BUTTARS; LINDA DESMOND; JAMES P. FEENEY; AINELLO MANCUSI; RON MIASTKOWSKI; PERRY PEKA; PATRICK SIMASKO; WAYNE STANFORD; THE BARON GROUP, INC., dba, Baron's Ice House, s
5 5 of 7 6/17/2012 7:33 AM 35 pg, KB 11 pg, KB Writ of Mandamus filed. Notice filed by s Lawrence J. Acker, Brian W. Buttars, Linda Desmond, The Baron Group, Inc.. (JC) MOTION filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, James P. Feeney, Ainello Mancusi, Ron Miastkowski, Perry Peka, Patrick Simasko, Wayne Stanford and The Baron Group, Inc. for a stay and for a partial granting of a writ of mandamus. Certificate of Service:. (JC) The case manager for this case is: Jill Colyer (JC) 3 pg, KB 6 pg, KB 1 pg, KB 1 pg, KB 1 pg, KB ORDER filed: It is ORDERED that the district court's filing of the judgment upon its docket in this case is stayed pending further order of this court. The United States and the defendant in the district court are requested to file any pleadings responsive to the motion to stay and the petition for writ of mandamus prior to 3:00 p.m. on Friday, February 19, The district court judge is invited, but is not required to respond. Damon J. Keith, Circuit Judge; Boyce F. Martin, Jr., Circuit Judge and Eric L. Clay, Circuit Judge. (JC) MOTION filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, The Baron Group, Inc. to consolidate cases. Certificate of Service:. (DFA) APPEARANCE filed for Respondent USA by John P. Fonte. Certificate of Service:. (JPF) APPEARANCE filed for Respondent USA by Robert B. Nicholson. Certificate of Service:. (RBN) APPEARANCE filed for Respondent USA by James J. Fredricks. Certificate of Service:. (JJF) Update fee status change to paid. (JC) 02/20/ /20/ pg, KB 179 pg, KB 0 pg, 0 KB 21 pg, KB 5 pg, KB 12 pg, KB 1 pg, KB 8 pg, KB 29 pg, 1.16 MB APPEARANCE filed for Respondent Arctic Glacier International Inc. by Chad A. Readler. Certificate of Service:. (CAR) NOTIFICATION filed by Mr. Chad A. Readler for Arctic Glacier International Inc. regarding Response to Writ Petition and Exhibit A. Certificate of Service:. (CAR) NOTIFICATION filed by Mr. Chad A. Readler for Arctic Glacier International Inc. regarding Motion to Dismiss Appeal and Opposition to Motion to Consolidate. Certificate of Service:. --[Edited by JC: DOCUMENT LOCKED. INCORRECTLY FILED. Attorney has been instructed to refile. ] (CAR) RESPONSE in opposition filed regarding a motion mandamus case, [ ]; previously filed by Lawrence J. Acker, Brian W. Buttars, Linda Desmond, James P. Feeney, Ainello Mancusi, Ron Miastkowski, Perry Peka, Patrick Simasko, Wayne Stanford and The Baron Group, Inc. in Response from Attorney Mr. John P. Fonte for Respondent USA Certificate of Service:. (JPF) RESPONSE in opposition filed regarding a motion for miscellaneous relief, [ ]; previously filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, James P. Feeney, Ainello Mancusi, Ron Miastkowski, Perry Peka, Patrick Simasko, Wayne Stanford and The Baron Group, Inc. in Response from Attorney Mr. John P. Fonte for Respondent USA Certificate of Service:02/19 /2010. (JPF) RESPONSE in opposition filed regarding a motion to consolidates, [ ]; previously filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, James P. Feeney, Ainello Mancusi, Ron Miastkowski, Perry Peka, Patrick Simasko, Wayne Stanford and The Baron Group, Inc. in Response from Attorney Mr. Chad A. Readler for Respondent Arctic Glacier International Inc. Certificate of Service:. (CAR) APPEARANCE filed for Respondent Arctic Glacier International Inc. by John M. Majoras. Certificate of Service:. (CAR) REPLY filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, The Baron Group, Inc. regarding PARTIAL GRANTING OF WRIT OF MANDAMUS. Certificate of Service: 02/20/2010. (DFA) MOTION filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, The Baron Group, Inc. for for leave to file reply in support of petition. Certificate of Service: 02/20/2010. (DFA)
6 6 of 7 6/17/2012 7:33 AM 02/22/ /22/ /22/ /23/ /23/ pg, KB 1 pg, KB 7 pg, KB 6 pg, KB 4 pg, KB ORDER filed: The Petition for a writ of mandamus filed as no is DENIED. The motion to dismiss the appeal filed by Mr. Chad A. Readler for Arctic Glacier International, Inc. in is GRANTED. The motion to consolidate nos and filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, James P. Feeney, Ainello Mancusi, Ron Miastkowski, Perry Peka, Patrick Simasko, Wayne Stanford and The Baron Group, Inc. is DENIED as MOOT. The temporary stay previously entered is DISSOLVED. Damon J. Keith, Circuit Judge; Boyce F. Martin, Jr., Circuit Judge and Eric L. Clay, Circuit Judge. [ , ] (PJE) APPEARANCE filed for Respondent Arctic Glacier International Inc. in by Melissa B. Hirst. Certificate of Service: 02/22/2010. [ , ] (MBH) MOTION filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, The Baron Group, Inc. in , to stay district court proceeding. Certificate of Service: 02/22/2010. [ , ] (DFA) This ORDER, which was issued on February 22, 2010, is placed in the TRADITIONAL PUBLISHED ORDER FORMAT pursuant to local rule 206. Damon J. Keith, Boyce F. Martin, Jr., Circuit Judge and Eric L. Clay, Circuit Judges. [ , ] (LKM) ORDER filed denying motion stay district court proceeding [ ] filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, James P. Feeney, Ainello Mancusi, Ron Miastkowski, Perry Peka, Patrick Simasko, Wayne Stanford and The Baron Group, Inc. in Damon J. Keith, Circuit Judge; Boyce F. Martin, Jr., Circuit Judge and Eric L. Clay, Circuit Judge. [ , ] (JC) 03/05/2010 NOTICE OF DOCKETING ERROR, ENTRY REMOVED. Name of Document: PETITION for rehearing before original panel, for en banc rehearing filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, James P. Feeney, Ainello Mancusi, Ron Miastkowski, Perry Peka, Patrick Simasko, Wayne Stanford and The Baron Group, Inc.. Type of Error: Wrong entry. Action taken: Attorney instructed to redocket. (BLH) 03/08/2010 NOTICE OF DOCKETING ERROR, ENTRY REMOVED. Name of Document: PETITION for initial hearing en banc filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, The Baron Group, Inc.. Type of Error: Wrong entry. Action taken: Attorney redocketed. (BLH) 03/08/ /31/ pg, KB 2 pg, KB PETITION for en banc rehearing filed by Mr. for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, James P. Feeney, Ainello Mancusi, Ron Miastkowski, Perry Peka, Patrick Simasko, Wayne Stanford and The Baron Group, Inc.. Certificate of Service: 03/08/2010. (DFA) ORDER filed denying the petitions for en banc rehearing [ ], [ ] filed by Mr. David Freeman Axelrod for Lawrence J. Acker, Brian W. Buttars, Linda Desmond, James P. Feeney, Ainello Mancusi, Ron Miastkowski, Perry Peka, Patrick Simasko, Wayne Stanford and The Baron Group, Inc.. Damon J. Keith, Boyce F. Martin, Jr., Eric L. Clay, Circuit Judges. [ , ] (BLH)
7 7 of 7 6/17/2012 7:33 AM Documents and Docket Summary Documents Only Include Page Numbers Selected Pages: Selected Size: Totals reflect accessible documents only and do not include unauthorized restricted documents.
FILED Feb 22, 2010 LEONARD GREEN, Clerk
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