TOLLIVER v. REPUBLIC OF NIGERIA
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CLOSED

  United States District Court
Western District of Michigan (Grand Rapids)
CIVIL DOCKET FOR CASE #: 1:01-cv-00290-RAE


Tolliver, et al v. Nigeria, Federal Rep, et al
Assigned to: Senior Judge Richard Alan Enslen
Demand: $100,000,000
Cause: 18:1961 Racketeering (RICO) Act
Date Filed: 05/09/2001
Nature of Suit: 470 Racketeer/Corrupt Organization
Jurisdiction: Federal Question
plaintiff
Will Tolliver represented by T. R. Knecht
Twohey Maggini, PLC
161 Ottawa Ave., NW, 212 Waters Bldg.
Grand Rapids, MI 49503
(616) 459-6168
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
plaintiff
Tradco Inc
a Michigan corporation		 represented by T. R. Knecht
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
defendant
Nigeria, Federal Republic of
a sovereign state
TERMINATED: 06/06/2003		 represented by David H. Fromm
Brown, Gavalas & Fromm, LLP
369 Lexington Avenue
New York, NY 10017
(212) 983-8500
TERMINATED: 06/06/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David J. Gass
Miller Johnson Snell & Cummiskey PLC (Grand Rapids)
250 Monroe Ave., NW, Ste. 800
P.O. Box 306
Grand Rapids, MI 49501-0306
(616) 831-1700
Fax: (616) 988-1717
Email: gassd@millerjohnson.com
TERMINATED: 06/06/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
defendant
Nigerian National Petroleum Corporation
TERMINATED: 06/06/2003		 represented by David H. Fromm
(See above for address)
TERMINATED: 06/06/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David J. Gass
(See above for address)
TERMINATED: 06/06/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
defendant
Central Bank of Nigeria
TERMINATED: 06/06/2003		 represented by David H. Fromm
(See above for address)
TERMINATED: 06/06/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David J. Gass
(See above for address)
TERMINATED: 06/06/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
defendant
Dan'Azumi Ibrahim
TERMINATED: 12/20/2002
defendant
Richard Obasanjo
TERMINATED: 12/20/2002
defendant
Malam Adamu Ciroma
TERMINATED: 12/20/2002
defendant
Unknown Abu
Mr.
TERMINATED: 12/20/2002
defendant
Joseph Sanusi
TERMINATED: 12/20/2002
defendant
M. I. Usman
TERMINATED: 12/20/2002
defendant
Mustapha Bello
TERMINATED: 12/20/2002
defendant
J. C. Ajoku
TERMINATED: 12/20/2002
defendant
Garuba Musa Ahmed
TERMINATED: 12/20/2002
defendant
Bello Alhaji Usman
TERMINATED: 12/20/2002
defendant
Alhaji Hamza Abu
TERMINATED: 12/20/2002
defendant
Philip James Naiju
TERMINATED: 12/20/2002
defendant
Mike Uchendu
Barrister
TERMINATED: 12/20/2002
defendant
Eligwe Chambers Law Office
TERMINATED: 12/20/2002
defendant
Kanu Godwin Agabi
TERMINATED: 12/20/2002
defendant
Mark Adams
Dr.
TERMINATED: 12/20/2002
defendant
H. O. Brown
TERMINATED: 12/20/2002
defendant
Habib Salami
TERMINATED: 12/20/2002
defendant
John Edwards
TERMINATED: 12/20/2002
defendant
Intermark Trust
Toronto, Canada
TERMINATED: 12/20/2002
defendant
Evans Enwerem
TERMINATED: 12/20/2002
defendant
K. Johnson
"Dr."
TERMINATED: 12/20/2002
defendant
Lukman Shuaibu
TERMINATED: 12/20/2002
defendant
Umaru Abdulahi
TERMINATED: 12/20/2002
defendant
Mallam Ibrahim Wali
TERMINATED: 12/20/2002
defendant
Matama Sule
TERMINATED: 12/20/2002
defendant
Tony Ego
TERMINATED: 12/20/2002
defendant
T. B. John
TERMINATED: 12/20/2002
defendant
Udo Udoma
TERMINATED: 12/20/2002
defendant
Unknown Ohio
Dr.
TERMINATED: 12/20/2002
defendant
Barnabas Eggo
TERMINATED: 12/20/2002
defendant
Unknown Eggo
Mrs.
TERMINATED: 12/20/2002
defendant
Unknown Part(y)(ies)
named as: a Nigerian official identified as "Williams", and a Nigerian official identified as "Patrick" on compaint
TERMINATED: 12/20/2002
defendant
Lewis M. Ireland
Dr., d/b/a Apan Corporation (a defunct Delaware corporation)
TERMINATED: 12/20/2002
doing business as
Apan Corporation
defendant
Alhaji Bala Williams
TERMINATED: 12/20/2002
defendant
Donald E. Kilpatrick
a Texas resident

Date Filed

#

Docket Text
05/09/2001 1 COMPLAINT (40 pgs + 130 pgs) w/attached exhibits 1-23 (cmi) (Entered: 05/11/2001)
05/09/2001 2 RECEIPT # 323787 in the amount of $ 150.00 submitted by pltfs for filing fee (cmi) (Entered: 05/11/2001)
05/09/2001   summons not issued per intake clerk (cmi) (Entered: 05/11/2001)
05/18/2001 3 NOTICE OF SUIT by pltf (3 copies ret'd to atty Knecht to be used in conjunction w/summons re foreign service) (mj) (Entered: 05/21/2001)
06/06/2001   SUMMONS issued as to Federal Republic of Nigeria, Nigerian Natl Petro, Central Bank of Nigeria, Dan'Azumi Ibrahim, Malam Adamu Ciroma, Joseph Sanusi, M. I. Usman, Mustapha Bello, J. C. Ajoku, Garuba Musa Ahmed, Bello Alhaji Usman, Alhaji Hamza Abu, Philip James Naiju, Kanu Godwin Agabi, Habib Salami, Evans Enwerem, Lukman Shuaibu, Umaru Abdulahi, Mallam Ibrahim Wali, Matama Sule, Tony Ego, T. B. John, Udo Udoma, Barnabas Eggo and Alhaji Bala Williams and returned to pltf's rep (mj) (Entered: 06/07/2001)
06/07/2001   SUMMONS issued as to Richard Obasanjo and returned to pltf's rep (mj) (Entered: 06/08/2001)
08/10/2001 4 ATTORNEY APPEARANCE for Federal Republic of Nigeria, Nigerian Natl Petroleum Corp and Central Bank of Nigeria by David J. Gass w/proof of svc (mj) (Entered: 08/10/2001)
08/20/2001 5 ANSWER to complaint by Federal Republic of Nigeria, Nigerian Natl Petro and Central Bank of Nigeria w/affirmative defenses and proof of svc (mj) (Entered: 08/22/2001)
08/21/2001 6 STIPULATION AND ORDER (3 pgs) by Senior Judge Douglas W. Hillman allowing defts Fed Republic of Nigeria, Nigerian Nat'l Petro and Central Bank of Nigeria until 8/21/01 to respond to the complaint (cc: all counsel on 8/22/01) (mj) (Entered: 08/22/2001)
08/29/2001 7 PROOF OF SERVICE by Federal Rep of Nigeria, Nigerian Natl Petro and Central Bank Nigeria for ptn for admission of atty David H. Fromm (mj) (Entered: 08/29/2001)
09/12/2001 8 SUMMONS AND RETURN OF SERVICE executed upon deft Federal Republic of Nigeria on 6/12/01 (mj) (Entered: 09/12/2001)
09/12/2001 9 SUMMONS AND RETURN OF SERVICE executed upon deft Nigerian Natl Petroleum Corp on 6/12/01 (mj) (Entered: 09/12/2001)
09/12/2001 10 SUMMONS AND RETURN OF SERVICE executed upon deft Central Bank Nigeria on 6/12/01 (mj) (Entered: 09/12/2001)
09/13/2001 11 ORDER Scheduling Status Conference by Senior Judge Douglas W. Hillman; Rule 16 status conf set for 10:00 a.m. on 10/18/01 before Magistrate Judge Joseph G. Scoville; joint status report to be filed nlt 10/15/01 (cc: all counsel w/DCM and VFM attachments) (mj) (Entered: 09/13/2001)
10/17/2001 12 MOTION by defts Federal Republic of Nigeria, Nigerian Natl Petro and Central Bank of Nigeria to dismiss pursuant to Fed.R.Civ.P. 12(b)(5) w/brief in support (mj) (Entered: 10/18/2001)
10/17/2001 13 DECLARATION of Chief Sena Anthony re motion to dismiss [12-1] (mj) (Entered: 10/18/2001)
10/17/2001 14 DECLARATION of David H. Fromm in support of motion to dismiss [12-1] w/exhibits 1-9 (mj) (Entered: 10/18/2001)
10/17/2001 15 PROOF OF SERVICE by defts Federal Republic of Nigeria, Nigerian Natl Petro and Central Bank of Nigeria for pldgs #12-14 (mj) (Entered: 10/18/2001)
10/18/2001   PROCEEDING before Magistrate Judge Joseph G. Scoville ; ; Rule 16 Status Conf; Scheduling Conference set for 11/27/01 at 10:00 a.m.; (D. Hand, Tape 01-S227) (dmh) (Entered: 10/18/2001)
10/18/2001 16 JOINT STATUS REPORT (mj) (Entered: 10/18/2001)
10/18/2001 17 ORDER (1 pg) by Magistrate Judge Joseph G. Scoville rejecting declaration of Moses O.Adediran for lack of original signature (cc: all counsel on 10/18/01) [EOD 10/19/01] (mj) (Entered: 10/19/2001)
10/19/2001 18 FIRST CASE MANAGEMENT ORDER (2 pgs) by Magistrate Judge Joseph G. Scoville; discovery stayed until resolution of defts' pending mtn to dismiss for insufficiency of service of process; further status conference to be conducted 11/27/01 at 10:00 a.m.; nlt 11/20/01 parties to submit joint report (cc: all counsel on 10/19/01) [EOD 10/23/01] (mj) (Entered: 10/23/2001)
11/09/2001 19 OPPOSITION by pltfs to defts' motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(5) [12-1] with exhibits A-M (mj) (Entered: 11/13/2001)
11/19/2001 20 SUPPLEMENTAL BRIEF by pltfs in opposition to motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(5) [12-1] with exhibits A-B (mj) (Entered: 11/20/2001)
11/20/2001 21 NOTICE of hearing: Status Conf continued to 9:30 a.m. on 12/11/01 ; joint status report to be submitted nlt 11/30/01 (cc: all counsel) (gjf) (Entered: 11/21/2001)
11/21/2001 22 REPLY BRIEF by defts in support of their motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(5) [12-1] w/declaration of Fred G. Wezler in support and prf of svc (elc) (Entered: 11/23/2001)
11/30/2001 23 JOINT REPORT and summary of proposed discovery pertaining to the Foreign Sovereign Immunities Act of 1976, (28 USC 1330, 1602, et seq) (mj) (Entered: 12/03/2001)
12/05/2001 24 MEMORANDUM (brief) by pltfs in support of position with respect to discovery as it pertains to subject matter jurisdiction under Foreign Sovereign Immunities Act of 1976 with attachments A-D (mj) (Entered: 12/06/2001)
12/07/2001 25 NOTICE of hearing by Magistrate Judge Joseph G. Scoville ; Rule 16 status conf rescheduled from 12/11/01 to 9:30 a.m. on 12/21/01 (cc: all counsel on 12/10/01) (mj) (Entered: 12/10/2001)
12/10/2001 26 OPINION (21 pgs) by Senior Judge Douglas W. Hillman (cc: all counsel on 12/11/01) [EOD 12/11/01] (mj) Modified on 12/11/2001 (Entered: 12/11/2001)
12/10/2001 27 ORDER (1 pg) by Senior Judge Douglas W. Hillman in accordance with opinion denying defts' motion [12-1] to dismiss pursuant to Fed.R.Civ.P. 12(b)(5) (cc: all counsel on 12/11/01) [EOD 12/11/01] (mj) Modified on 12/11/2001 (Entered: 12/11/2001)
12/11/2001 28 MEMORANDUM (brief) by Federal Republic of Nigeria, Nigerian Natl Petro and Central Bank of Nigeria [in response to 24-1] regarding discovery as it pertains to subject matter jurisdiction under the Foreign Sovereign Immunities Act with exhibits A-B and proof of service (mj) (Entered: 12/11/2001)
12/19/2001 29 REPLY by pltfs to government defendants' memorandum [28-1] with exhibits A-C (mj) (Entered: 12/19/2001)
12/21/2001   PROCEEDING before Magistrate Judge Joseph G. Scoville; Rule 16 Status Conf continued ; no recording (gjf) (Entered: 12/24/2001)
12/27/2001 30 ORDER (2 pgs) by Magistrate Judge Joseph G. Scoville allowing limited discovery in accordance with the joint report of the parties [ref #23] (cc: all counsel on 12/28/01) [EOD 12/28/01] (mj) (Entered: 12/28/2001)
03/04/2002 31 PROOF OF SERVICE by pltfs for responses to defts' request for production of documents (mj) (Entered: 03/06/2002)
03/12/2002 32 STIPULATION AND ORDER (3 pgs) by Magistrate Judge Joseph G. Scoville that pltfs shall produce Donald Kilpatrick for deposition commencing 3/15/02 in GR/MI; govt defts shall produce Minister Ibrahim for deposition commencing 3/20/02 in London (cc: all counsel on 3/12/02) (mj) (Entered: 03/14/2002)
03/12/2002 33 STIPULATION AND ORDER of confidentiality (6 pgs) by Magistrate Judge Joseph G. Scoville (cc: all counsel on 3/12/02) (mj) (Entered: 03/14/2002)
03/22/2002 34 PROOF OF SERVICE by Federal Rep of Nigeria, Nigerian Natl Petro and Central Bank of Nigeria for response to pltf's first set of interrogatories and response to pltf's first request for production of documents (mj) (Entered: 03/25/2002)
04/17/2002 35 PROOF OF SERVICE by defts Federal Republic of Nigeria, Nigerian Natl Petro and Central Bank of Nigeria for supplemental response to pltfs' first set of interrogatories and supplemental response to pltfs' first request for production of documents (mj) (Entered: 04/18/2002)
05/02/2002 36 MOTION by Fed Rep of Nigeria, Nigerian Natl Petro and Central Bank Nigeria to strike, compel or preclude pursuant to Fed.R.Civ.P. 37 w/brief in support (mj) (Entered: 05/07/2002)
05/02/2002 37 CERTIFICATION by Fed Rep of Nigeria, Nigerian Natl Petro and Central Bank Nigeria of compliance with Local Rule 7.1(d) (mj) (Entered: 05/07/2002)
05/02/2002 38 EXHIBITS by defts Fed Rep of Nigeria, Nigerian Natl Petro and Central Bank Nigeria in support of motion to strike [36-1] (mj) (Entered: 05/07/2002)
05/02/2002 39 PROOF OF SERVICE by defts Fed Rep of Nigeria, Nigerian Natl Petro and Central Bank Nigeria for pldgs #36-38 (mj) (Entered: 05/07/2002)
05/09/2002 40 ORDER (1 pg) by Senior Judge Douglas W. Hillman referring to Magistrate Judge Joseph G. Scoville defts' motion to strike, compel or preclude [36-1]; hearing set for 10:00 a.m. on 6/4/02; response to motion due 5/21/02 (cc: all counsel on 5/10/02) [EOD 5/13/02] (mj) (Entered: 05/13/2002)
05/23/2002 41 ORDER (1 pg) by Magistrate Judge Joseph G. Scoville rejecting pltfs' response to defts' motion to strike for lack of signature (cc: all counsel) [EOD 5/23/02] (mj) (Entered: 05/23/2002)
05/24/2002 42 RESPONSE by pltfs to defts' motion to strike, compel or preclude [36-1] (mj) (Entered: 05/29/2002)
05/31/2002 43 MOTION by Federal Republic of Nigeria, Nigerian Natl Petro and Central Bank of Nigeria for leave to file supplemental brief and exhibits in support of motion to strike, preclude or compel with brief in support (mj) (Entered: 06/03/2002)
05/31/2002 44 SUPPLEMENTAL BRIEF by pltfs in support of response to defts' motion to strike, compel or preclude [36-1] with attached exhibits A-C (mj) (Entered: 06/03/2002)
06/03/2002 45 PROOF OF SERVICE by Federal Rep of Nigeria, Nigerian Natl Petro and Central Bank Nigeria for document #43 and proposed supplemental brief (mj) (Entered: 06/03/2002)
06/04/2002   PROCEEDING before Magistrate Judge Joseph G. Scoville; re: defts motion to strike, compel or preclude [36-1]; court will enter order; (D. Hand, Tape 02-S132) (dmh) (Entered: 06/04/2002)
06/04/2002 46 ORDER (1 pgs) by Magistrate Judge Joseph G. Scoville granting defts' motion for leave to file supplemental brief and exhibits in support of motion to strike, preclude or compel [43-1] (cc: all counsel) [EOD 6/4/02] (mj) (Entered: 06/04/2002)
06/04/2002 47 SUPPLEMENTAL BRIEF by Federal Rep of Nigeria, Nigerian Natl Petro and Central Bank Nigeria in support of motion to strike, compel or preclude [36-1] with exhibits 19-22 (mj) (Entered: 06/04/2002)
06/04/2002 48 DISCOVERY ORDER (2 pgs) by Magistrate Judge Joseph G. Scoville granting in part and denying in part defts' motion to strike or for other relief [36-1]; monetary sanctions in the amount of $5,000 awarded against pltfs and in favor of the moving defts payable nlt 6/19/02 (cc: all counsel on 6/5/02) [EOD 6/5/02] (mj) (Entered: 06/05/2002)
06/13/2002 49 TRANSCRIPT of motion to strike held 6/4/02 before Magistrate Judge Joseph G. Scoville; transcribed by Patricia R. Pritchard, CER (mj) (Entered: 06/13/2002)
06/18/2002 50 OBJECTIONS by pltfs to magistrate's discovery order [48-1] with memorandum in support, exhibits A-C and proof of svc (mj) (Entered: 06/20/2002)
07/01/2002 51 BRIEF IN OPPOSITION by defts to pltfs' objections [50-1] to Magistrate Judge's discovery order with exhibit 1 and proof of service (mj) (Entered: 07/03/2002)
08/02/2002 52 MOTION by pltfs to compel discovery and for sanctions with memorandum in support and proof of service (mj) (Entered: 08/05/2002)
08/06/2002 53 ORDER (1 pg) by Senior Judge Douglas W. Hillman referring to Magistrate Judge Joseph G. Scoville pltfs' motion to compel discovery [52-1] and for sanctions [52-2]; hearing set for 2:00 p.m. on 8/26/02; opposition brief to be filed nlt 8/21/02 (cc: all counsel) [EOD 8/6/02] (mj) (Entered: 08/06/2002)
08/08/2002 54 ORDER (3 pgs) by Senior Judge Douglas W. Hillman denying pltfs' objections [50-1] to that portion of a discovery order which imposed upon pltfs sanctions in the amount of $5,000 and affirming and adopting the order [48-1] of the magistrate judge (cc: all counsel on 8/9/02) [EOD 8/9/02] (mj) (Entered: 08/09/2002)
08/09/2002 55 SEALED DOCUMENT: EXHIBITS by pltfs submitted in support of motion to compel discovery and for sanctions [52-2] (3 sets of exhibits contained in one sealed box; exhibits not enclosed in 3 separate envelopes within the sealed box; this information provided by atty Todd Knecht in phone conversation held 8/23/02) (mj) (Entered: 08/23/2002)
08/21/2002 56 SEALED DOCUMENT: OPPOSITION by defts Federal Republic of Nigeria, Nigerian Natl Petro and Central Bank of Nigeria to pltfs' motion to compel discovery [52-1] and for sanctions [52-2] (mj) (Entered: 08/23/2002)
08/21/2002 57 MOTION by defts Federal Rep of Nigeria, Nigerian Natl Petro and Central Bank of Nigeria to strike, pursuant to Fed.R.Civ.P. 37(b)(2), for pltfs' failure to comply with the 6/4/02 order of the court with brief in support and exhibits 1-2 (mj) (Entered: 08/23/2002)
08/21/2002 58 PROOF OF SERVICE by Federal Rep of Nigeria, Nigerian Natl Petro and Central Bank of Nigeria for pldgs #56 and 57 (mj) (Entered: 08/23/2002)
08/28/2002 59 ORDER (1 pg) by Senior Judge Douglas W. Hillman referring to Magistrate Judge Joseph G. Scoville defts' motion to strike for pltfs' failure to comply with the 6/4/02 order of the court [57-1] and setting hearing for 10:00 a.m. on 9/9/02; opposition brief due due 9/5/02; pltfs' motion to compel discovery [52-1] and for sanctions [52-2] rescheduled from 8/26/02 to 10:00 a.m. on 9/9/02 before Magistrate Judge Joseph G. Scoville (cc: all counsel) [EOD 8/28/02] (mj) (Entered: 08/28/2002)
09/05/2002 60 REPLY by pltfs to defts' brief in opposition to pltfs' motion to compel discovery [52-1] and for sanctions [52-2] w/attachments A-E (gjf) (Entered: 09/06/2002)
09/05/2002 61 BRIEF IN OPPOSITION by pltfs to defts' motion to strike, pursuant to Fed.R.Civ.P. 37(b)(2), for pltfs' failure to comply with 6/4/02 order of the court [57-1] (gjf) (Entered: 09/06/2002)
09/09/2002   PROCEEDING before Magistrate Judge Joseph G. Scoville; re deft's motion to strike [57-1] and re pltf's motion to compel discovery [52-1] and for sanctions [52-2]; Court to issue Order; (D. Hand, Tape 02-S215) (dmh) (Entered: 09/09/2002)
09/10/2002 62 ORDER (2 pgs) by Magistrate Judge Joseph G. Scoville denying defts' motion to strike [57-1]; plaintiffs' motion to compel discovery [52-1] or for sanctions [52-2] is granted in part and denied in part (cc: all counsel on 9/10/02) [EOD 9/11/02] (mj) (Entered: 09/11/2002)
10/02/2002 63 ADMINISTRATIVE ORDER 02-048 (1 pg) by Chief Judge Robert Holmes Bell; Case reassigned to Judge Gordon J. Quist (cc: all counsel) [EOD Date 10/2/02] (gjf) (Entered: 10/02/2002)
10/03/2002 64 LETTER to all counsel re: reassignment (gjf) (Entered: 10/03/2002)
10/09/2002 65 MOTION by defts Nigerian Natl Petro and Central Bank Nigeria to extend time for an additional 30 days within which to produce certain documents w/prf of svc (elc) (Entered: 10/10/2002)
10/16/2002 66 PROOF OF SERVICE by defts Federal Republic of Nigeria, Nigerian Natl Petro and Central Bank Nigeria for response to order dated 9/10/0 (elc) (Entered: 10/17/2002)
10/21/2002 67 ORDER OF REFERENCE: setting before Magistrate Judge Hugh W. Brenneman Jr. defts' motion to extend time for an additional 30 days within which to produce certain documents [65-1] (cc: all counsel 10/22/02) [EOD Date 10/22/02] (elc) (Entered: 10/22/2002)
10/22/2002 68 ORDER (1 pg) by Magistrate Judge Joseph G. Scoville granting defts' motion to extend time for an additional 30 days within which to produce certain documents [65-1]; defts' ddl to produce documents is 11/10/02 (cc: all counsel) [EOD Date 10/22/02] (elc) (Entered: 10/22/2002)
10/24/2002 69 ORDER (1 pg) by Chief Judge Robert Holmes Bell; case reassigned to Judge Richard A. Enslen (cc: all counsel 10/25/02) [EOD Date 10/25/02] (elc) (Entered: 10/25/2002)
11/08/2002 70 PROOF OF SERVICE by defts for Further Response to Order Dated September 10, 2002; and, Amended Response to pltf's First Set of Interrogatories (tlb) (Entered: 11/13/2002)
11/12/2002 71 MOTION by defts Nigeria, Federal Rep, Nigerian Natl Petro, and Central Bank Nigeria for extension of time to produce certain documents w/brief in support; prf. of svc. (tlb) (Entered: 11/14/2002)
11/12/2002 72 PROOF OF SERVICE by defts Nigeria, Federal Rep, Nigerian Natl Petro, and Central Bank Nigeria for Further Response to Order dated September 10, 2002 (tlb) (Entered: 11/14/2002)
12/03/2002 73 ORDER (1 pg) by Magistrate Judge Ellen S. Carmody granting motion for extension of time to produce certain documents [71-1] (cc: all counsel) [EOD Date 12/4/02] (tlb) (Entered: 12/04/2002)
12/11/2002 74 MOTION by pltf for leave to file first amended complaint and to add party pursuant to F.R.C.P. 15(a) and 21 w/brief in support; w/exhs. A1-4; PROPOSED First Amended Cmp (tlb) (Entered: 12/12/2002)
12/20/2002 75 ORDER (2 pgs) by Magistrate Judge Ellen S. Carmody granting motion for leave to file first amended complaint and to add party pursuant to F.R.C.P. 15(a) and 21 [74-1] (cc: all counsel) [EOD Date 12/27/02] (tlb) (Entered: 12/27/2002)
12/20/2002 76 FIRST AMENDED COMPLAINT (38 pgs) [1-1] w/exhs.1-4 (tlb) (Entered: 12/27/2002)
01/09/2003 77 ANSWER to first amended complaint by defts Nigeria, Federal Rep, Nigerian Natl Petro, and Central Bank Nigeria (tlb) (Entered: 01/14/2003)
01/09/2003 78 PROOF OF SERVICE by defts Nigeria, Federal Rep, Nigerian Natl Petro, and Central Bank Nigeria for Answer to First Amended Complaint (tlb) (Entered: 01/14/2003)
01/10/2003 79 PROOF OF SERVICE by defts Nigeria, Federal Rep, Nigerian Natl Petro, and Central Bank Nigeria for Further Response to Order dated 09/10/02 (tlb) (Entered: 01/14/2003)
01/29/2003 80 PROOF OF SERVICE by defts Nigeria, Federal Rep, Nigerian Natl Petro, Central Bank Nigeria for Response to Second Set of Interrogatories and Response to First Request for Admissions (tlb) (Entered: 01/30/2003)
04/02/2003 81 NOTICE OF IMPENDING DISMISSAL as to deft Donald E. Kilpatrick because more than 90 days have passed from the filing of the Amended Complaint (cc: all counsel) (rlw) (Entered: 04/02/2003)
04/04/2003 82 MOTION by pltfs Will Tolliver, and Tradco Inc to exceed page limitation on Memorandum in Support of Plaintiffs' Motion for Summary Judgment as to Existence of Subject Matter Jurisdiction w/brief in support (tlb) Modified on 04/17/2003 (Entered: 04/09/2003)
04/08/2003 83 MOTION by defts Nigeria, Federal Rep, Nigerian Natl Petro, Central Bank Nigeria to dismiss for lack of jurisdiction , and for summary judgment w/brief in support (tlb) (Entered: 04/09/2003)
04/08/2003 84 DECLARATION of Moses O. Adediran re motion to dismiss for lack of jurisdiction [83-1], re motion for summary judgment [83-2] (tlb) (Entered: 04/10/2003)
04/08/2003 85 DECLARATION of Otu Medo re motion to dismiss for lack of jurisdiction [83-1], re motion for summary judgment [83-2] (tlb) (Entered: 04/10/2003)
04/08/2003 86 DECLARATION of David A. Crown re motion to dismiss for lack of jurisdiction [83-1], re motion for summary judgment [83-2]; w/exhs. A-B (tlb) (Entered: 04/10/2003)
04/08/2003 87 SEALED BRIEF IN SUPPORT by defts Nigeria, Federal Rep, Nigerian Natl Petro, and Central Bank Nigeria in support of motion to dismiss for lack of jurisdiction [83-1], of motion for summary judgment [83-2]; w/sealed DECLARATION of David Fromm (tlb) (Entered: 04/10/2003)
04/08/2003 88 PROOF OF SERVICE by defts Nigeria, Federal Rep, Nigerian Natl Petro, and Central Bank Nigeria for Motion to Dismiss and for Summary Judgment; Declarations of Otu Medo, Moses O. Adediran and David Crown; SEALED Brief in Support of Motion, and SEALED Declaration of David Fromm (tlb) (Entered: 04/10/2003)
04/09/2003 89 ORDER Scheduling Status Conference by Magistrate Judge Ellen S. Carmody; status conf set for 10:00 a.m. on 5/19/03 in Grand Rapids, MI; joint status report to be filed 3 business days prior to conference (cc: all counsel w/DCM and VFM attachments) (tlb) (Entered: 04/10/2003)
04/14/2003 90 MOTION by defts Nigeria, Federal Rep, Nigerian Natl Petro, Central Bank Nigeria to exceed page limitation for dispositive motions w/brief in support and prf. of svc. (tlb) (Entered: 04/16/2003)
04/16/2003 91 ORDER (1 pg) by Magistrate Judge Ellen S. Carmody granting motion to exceed page limitation on Memorandum in Support of Plaintiffs' Motion for Summary Judgment as to Existence of Subject Matter Jurisdiction [82-1] (cc: all counsel) [EOD Date 4/17/03] (tlb) (Entered: 04/17/2003)
04/16/2003 92 MOTION by pltf Will Tolliver, and Tradco Inc for summary judgment as to Existence of Subject Matter Juisdiction Under the Foreign Sovereign Immunities Act of 1976, 28 USC 1330, 1605(a)(2) et seq Pursuant to FRCP 56(c) w/brief in support and exhs. A-Z (tlb) (Entered: 04/17/2003)
04/16/2003 93 RESPONSE by pltfs Will Tolliver, Tradco Inc [81-1] to Notice of Impending Dismissal (tlb) (Entered: 04/30/2003)
04/21/2003 94 PROOF OF SERVICE by pltf Will Tolliver for Plaintiffs' Counsel's Verified Petition RE: Service of Process (tlb) (Entered: 04/22/2003)
04/24/2003 95 SEALED CORRECTED MEMORANDUM by defts Nigeria, Federal Rep, Nigerian Natl Petro, and Central Bank Nigeria in support of motion to dismiss for lack of jurisdiction [83-1], of motion for summary judgment [83-2] (tlb) Modified on 04/29/2003 (Entered: 04/29/2003)
04/24/2003 96 PROOF OF SERVICE by defts Nigeria, Federal Rep, Nigerian Natl Petro, Central Bank Nigeria for SEALED Corrected Brief in Support of their Motion for Summary Judgment and to Dismiss (tlb) (Entered: 04/29/2003)
04/28/2003 97 ORDER (1 pg) by Magistrate Judge Ellen S. Carmody dismissing as moot the motion to exceed page limitation for dispositive motions [90-1] (cc: all counsel on 4/29/03) [EOD 4/29/03] (mj) (Entered: 04/29/2003)
05/02/2003 98 ORDER (1 pg) by Judge Richard A. Enslen that this case remain on Court's docket until 5/16/03 during which time pltf shall complete service of summons and first amended complaint upon Donald Kilpatrick otherwise this matter shall be dismissed for lack of progress (cc: all counsel) [EOD Date 5/2/03] (mrs) (Entered: 05/02/2003)
05/08/2003 99 OPPOSITION by defts Nigeria, Federal Rep, Nigerian Natl Petro,and Central Bank Nigeria to motion for summary judgment as to Existence of Subject Matter Juisdiction the Foreign Sovereign Immunities Act of 1976, 28 USC 1330, 1605(a)(2) et seq Pursuant to FRCP 56(c) [92-1]; w/exhs. 1-9; prf. of svc. (tlb) (Entered: 05/13/2003)
05/08/2003 100 MOTION by pltf Will Tolliver, and Tradco Inc to exceed page limitation on Memorandum in Response to Dispositive Motion w/brief in support; w/PROPOSED Memorandum (tlb) (Entered: 05/14/2003)
05/08/2003 101 PROOF OF SERVICE by pltf Will Tolliver, and Tradco Inc for Memorandum in Opposition to Defts' Motion to Dismiss and/or for Summary Judgment (tlb) (Entered: 05/14/2003)
05/15/2003 102 ORDER (1 pg) by Magistrate Judge Ellen S. Carmody granting pltfs' motion to exceed page limitation [100-1] (cc: all counsel) [EOD 5/15/03] (mj) (Entered: 05/15/2003)
05/15/2003 104 OPPOSITION by pltfs Will Tolliver, Tradco Inc to motion to dismiss for lack of jurisdiction [83-1], motion for summary judgment [83-2]; w/exhs. A-L (tlb) (Entered: 05/19/2003)
05/16/2003 103 ORDER (1 pg) by Magistrate Judge Ellen S. Carmody ; status conf reset from 5/19/03 to 10:00 a.m. on 8/18/03; joint status report due 8/13/03 (cc: all counsel) [EOD 5/16/03] (mj) (Entered: 05/16/2003)
05/19/2003 105 AFFIDAVIT of Larry Magnuson regarding opposition [104-1] (tlb) (Entered: 05/20/2003)
05/19/2003 106 PROOF OF SERVICE by pltfs Will Tolliver, and Tradco Inc for Affidavit of Larry Magnuson (tlb) (Entered: 05/20/2003)
05/20/2003 107 MOTION by pltfs Will Tolliver, and Tradco Inc for order authorizing substituted service of the Summons and First Amended Complaint upon deft Donald E. Kilpatrick , and to extend time to serve the Summons and First Amended Complaint w/brief in support (tlb) (Entered: 05/21/2003)
05/20/2003 108 PROOF OF SERVICE by pltfs Will Tolliver, Tradco Inc for Ex Parte Motion for Substituted Service of Summons and First Amended Complaint on deft Donald E. Kilpatrick and for Enlargement of Time, supporting memorandum and proposed Order (tlb) (Entered: 05/21/2003)
05/29/2003 109 REPLY by defts Nigeria, Federal Rep, Central Bank Nigeria, Nigerian Natl Petro to pltfs' response to their motion to dismiss for lack of jurisdiction [83-1] and for summary judgment [83-2] w/Exhibit A, Proof of Service (rlw) (Entered: 05/30/2003)
05/30/2003 110 REPLY by pltf to response to motion for summary judgment as to Existence of Subject Matter Juisdiction Under the Foreign Sovereign Immunities Act of 1976, 28 USC 1330, 1605(a)(2) et seq Pursuant to FRCP 56(c) [92-1] w/Exhibits 1-16 (mrs) (Entered: 06/02/2003)
06/04/2003 111 STIPULATION AND ORDER (3 pgs) by Magistrate Judge Ellen S. Carmody (nunc pro tunc) to extension of deadline for submission of reply briefs 5/29/03 (cc: all counsel) (mrs) (Entered: 06/04/2003)
06/06/2003 112 OPINION (15 pgs) by Judge Richard A. Enslen (cc: all counsel) [EOD Date 6/6/03] (mrs) (Entered: 06/06/2003)
06/06/2003 113 PARTIAL JUDGMENT: (1 pgs) by Judge Richard A. Enslen in accordance with the Opinion of this date denying motion for summary judgment as to Existence of Subject Matter Juisdiction Under the Foreign Sovereign Immunities Act of 1976, 28 USC 1330, 1605(a)(2) et seq Pursuant to 56(c) [92-1]; granting motion to dismiss for lack of jurisdiction [83-1&2], and summary judgment is awared in favor of Federal Republic of Nigeria, Central Bank of Nigeria and Nigerian National Petroleum Corporation, and terminating party Central Bank Nigeria, party Nigerian Natl Petro, party Nigeria, Federal Rep (cc: all counsel) [EOD Date 6/6/03] (mrs) (Entered: 06/06/2003)
06/18/2003 114 AFFIDAVIT of Anthony Weaver regarding motion for order authorizing substituted service of the Summons and First Amended Complaint upon deft Donald E. Kilpatrick [107-1] (mrs) (Entered: 06/20/2003)
06/20/2003 115 ORDER (2 pgs) by Magistrate Judge Ellen S. Carmody granting pltfs' Ex Parte motion for order authorizing substituted service of the Summons and First Amended Complaint upon deft Donald E. Kilpatrick [107-1], granting pltfs' Ex Parte motion to extend time to serve the Summons and First Amended Complaint [107-2] - 30 day extension granted (cc: all counsel) [EOD Date 6/25/03] (rlw) (Entered: 06/25/2003)
06/20/2003 116 MOTION by pltfs to certify order for immediate appeal w/brief in support (rlw) (Entered: 06/25/2003)
06/25/2003 117 BILL OF COSTS submitted by Nigeria, Federal Rep, Nigerian Natl Petro, Central Bank Nigeria w/Exhibits 1-7 [EOD Date 6/30/03] (mrs) (Entered: 06/30/2003)
07/03/2003 118 RESPONSE by Nigeria, Federal Rep, Nigerian Natl Petro, Central Bank Nigeria to motion to certify order for immediate appeal [116-1] w/prf of svc (mrs) (Entered: 07/08/2003)
07/15/2003 119 ORDER (3 pgs) by Judge Richard A. Enslen denying motion to certify order for immediate appeal [116-1] (cc: all counsel) [EOD Date 7/16/03] (mrs) (Entered: 07/16/2003)
07/23/2003 120 MOTION by pltfs to dismiss first amended complaint without prejudice as it pertains to deft, Donald Kilpatrick, pursuant to FRCP 41(a)(2) w/brief in support (mrs) Modified on 08/07/2003 (Entered: 07/25/2003)
07/24/2003 121 PROOF OF SERVICE by pltfs for pleading #120, moton to dismiss first amended complaint (mrs) (Entered: 07/25/2003)
09/03/2003 122 JUDGMENT: (2 pgs) by Judge Richard A. Enslen granting pltf's motion to dismiss without prejudice as it pertains to deft, Donald Kilpatrick, pursuant to FRCP 41(a)(2) [120-1]; to dismiss case; and that this Judgment constitutes a final judgment pursuant to Rule 54 for the purposes of appeal (cc: all counsel) Date 9/3/03] (mrs) (Entered: 09/03/2003)
09/08/2003 123 CLERK'S NOTICE that memorandum [95-1], memorandum [87-1], opposition [56-1], exhibits [55-1] will be unsealed pursuant to Local Civil Rule 10.6(c) in 30 days (cc: all counsel) (mrs) (Entered: 09/08/2003)
09/12/2003 124 COSTS TAXED for deft Nigeria, Federal Rep, deft Nigerian Natl Petro, deft Central Bank Nigeria in the amount of $ 9,703.16 against pltf Will Tolliver, pltf Tradco Inc (cc: all counsel) (ghl) (Entered: 09/12/2003)
09/17/2003 125 MOTION by Nigeria, Federal Rep, Nigerian Natl Petro, Central Bank Nigeria to prevent certain documents from being unsealed pursuant to Local Civil Rule 10.6(c) w/brief in support, compliance with Local Rule 7.1(d) and prf of svc (mrs) (Entered: 09/18/2003)
10/03/2003 127 NOTICE OF APPEAL to Circuit Court of Appeals by pltfs Will Tolliver, Tradco Inc re judgment [122-2] entered on 9/3/03 w/proof of service (rlw) (Entered: 10/06/2003)
10/03/2003 128 RECEIPT #339339 in the amount of $105.00 submitted by pltfs for appeal fee (rlw) (Entered: 10/06/2003)
10/06/2003 126 ORDER (1 pg) by Judge Richard A. Enslen granting defts Federal Republic of Nigeria, Central Bank of Nigeria and Nigerian National Petroleum Corp.'s motion to prevent certain documents from being unsealed pursuant to Local Civil Rule 10.6(c) [125-1] (cc: all counsel) [EOD Date 10/6/03] (rlw) (Entered: 10/06/2003)
10/08/2003   MAILED information copies to CCA consisting of Notice of Appeal [127-1], docket sheet and Judgment [122] (cc: District Judge and all counsel) (rlw) (Entered: 10/08/2003)
10/24/2003 129 TRANSMISSION FORM showing notice of appeal [127-1] filed by CCA on 10/14/03 and assigned CCA 03-2341 (rlw) (Entered: 10/27/2003)
11/21/2003 130 REQUEST for writ of garnishment by Tradco Inc as to pltf Tradco Inc, directed to Fifth Third Bank in the amount of $9,772.16; WRIT ISSUED and returned to deft's rep. (mrs) (Entered: 11/25/2003)
11/21/2003 131 REQUEST for writ of garnishment by Nigeria, Federal Rep as to pltf Will Tolliver, directed to Fifth Third Bank in the amount of $9,772.16; WRIT ISSUED and returned to deft's rep. (mrs) (Entered: 11/25/2003)
11/25/2003 132 REQUEST AND WRIT of execution against property by deft Nigeria, Federal Rep as to pltf Tradco Inc in the amount of $9,772.16; WRIT returned to deft's rep. (mrs) (Entered: 11/25/2003)
11/25/2003 133 REQUEST and WRIT of execution against property by deft Nigeria, Federal Rep as to pltf Will Tolliver in the amount of $9,772.16; WRIT returned to deft's rep. (mrs) (Entered: 11/25/2003)
11/26/2003 134 GARNISHMENT DISCLOSURE from Fifth Third Bank showing no record as to plaintiff Tradco Inc. (mrs) (Entered: 12/03/2003)
12/12/2003 135 REQUEST for writ of garnishment by Nigeria, Federal Rep as to pltf Will Tolliver, directed to Standard Federal Bank in the amount of $9,772.16; WRIT ISSUED and returned to pltf's rep. (mrs) (Entered: 12/15/2003)
12/26/2003 136 GARNISHMENT DISCLOSURE from Standard Federal Bank showing "no accounts" as to pltf Tolliver (bd) Modified on 01/21/2004 (Entered: 12/30/2003)
01/16/2004 137 TRANSCRIPT of Rule 16 Status Conference held 10/18/01 before Magistrate Judge Joseph G. Scoville; transcribed by P. Pritchard (mrs) (Entered: 01/21/2004)
01/16/2004 138 TRANSCRIPT of Continued Rule 16 Status Conference held 12/21/01 before Magistrate Judge Joseph G. Scoville; transcribed by P. Pritchard (mrs) (Entered: 01/21/2004)
01/16/2004 139 TRANSCRIPT of Motion to Compel Discovery and Defendant's Motion to Strike held 9/9/02 before Judge Magistrate Joseph G. Scoville; transcribed by P. Pritchard (mrs) (Entered: 01/21/2004)
01/20/2004 140 TRANSCRIPT ORDER Form from appellant's atty ordering transcript from 10/18/01, 12/21/01, 9/9/02 hearings held before Magistrate Judge Scoville (rlw) (Entered: 01/23/2004)
01/23/2004   REMARK: Subpoena-Order to Appear and/or Produce- requesting debtor's examination of Mr. W. Tolliver received and forwarded to Judge's chambers for review (bd) (Entered: 01/23/2004)
01/27/2004 141 REQUEST for writ of garnishment by Nigeria, Federal Rep as to pltf Will Tolliver, directed to Todd R. Necht, Esq. in the amount of $9,827.34; WRIT ISSUED and returned to pltf's rep. (mrs) (Entered: 01/27/2004)
02/04/2004 142 REQUEST for writ of garnishment by Nigeria, Federal Rep as to pltf Will Tolliver, directed to Todd R. Necht, Esq. in the amount of $9,827.34; WRIT ISSUED and returned to pltf's rep. (mrs) (Entered: 02/04/2004)
02/25/2004 143 GARNISHMENT DISCLOSURE from Todd Knecht that periodic garnishment is not obligated to make periodic payments to the defendant during the 91 day period (mrs) (Entered: 02/26/2004)
04/11/2005 144 INFORMATION COPY from USCA re judgment [122] affirming the decision of the district court (rlw, ) (Entered: 04/12/2005)
05/26/2005 145 ORDER of USCA re appeal [127] denying the petition for rehearing filed by appellant (rlw, ) (Entered: 05/27/2005)
06/06/2005 146 MANDATE of USCA re appeal [127] (rlw, ) (Entered: 06/07/2005)


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