Case: Hamilton v. City of Wilmington

COMPLAINT filed; Mag consent notice to pltf. FILING FEE $ 150.00 RECEIPT # 128982 (kc) (Entered: 07/07/2000)

DEMAND for jury trial by Sharon Hamilton, Jeannette Cunningham (kc) Modified on 07/10/2000 (Entered: 07/07/2000)

No summons issued. (kc) (Entered: 07/07/2000)

CASE assigned to Judge Gregory M. Sleet . Notice to all parties. (ntl) (Entered: 07/12/2000)

ANSWER to Complaint by City of Wilmington, James H. Sills, Mary Dees (Attorney Kathleen Furey McDonough, Wendy K. Voss, Diane C. Streett, Brenda James−Roberts), (gp) (Entered: 09/13/2000)

Deadline updated; set Telephone Conference for 10:30 10/23/00 (gp) (Entered: 10/06/2000)

NOTICE from Judge Sleet to counsel of initial 16.2a telecnf. scheduled for 10/23/00 10:30 a.m. (gp) (Entered: 10/06/2000)

Letter to the Honorable Gregory M. Sleet from Diane Clarke Streett RE request that teleconference scheduled for 10/23/00 be rescheduled (dab) (Entered: 10/25/2000)

Deadline updated; reset Telephone Conference for 9:30 10/30/00 (gp) (Entered: 10/19/2000)

Re−NOTICE from Judge Sleet of rescheduling telecnf. to 10/30/00 at 9:30 (gp) (Entered: 10/19/2000)

AMENDED COMPLAINT by Sharon Hamilton, Jeannette Cunningham , (Answer due 11/6/00 for Mary Dees, for James H. Sills, for City of Wilmington ) amending [1−1] complaint (gp) (Entered: 11/09/2000)

Tele−conference held (Rpt. Gaffigan) 16 conf. scheduled for 11/21/00 at 9:00 a.m. (gp) (Entered: 11/07/2000)

Deadline updated; set Tele−Scheduling Conference for 9:00 11/21/00 (gp) (Entered: 11/07/2000)

Steno Notes for 10/30/00 (rpt. Gaffigan) (gp) (Entered: 11/09/2000)

So Ordered granting [7−1] stipulation ( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 11/09/2000)

NOTICE from Judge Sleet of 16 conf. scheduled for 11/21/00 at 9:00 a.m. (gp) (Entered: 11/13/2000)

STATUS REPORT by Sharon Hamilton, Jeannette Cunningham, City of Wilmington, James H. Sills, Mary Dees, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones (gp) (Entered: 11/16/2000)

ANSWER by City of Wilmington, James H. Sills, Mary Dees (Kathleen McDonough, Wendy Voss, Diane Clarke Street and Brenda James Roberts ) to amended complaint; jury demand (gp) (Entered: 11/28/2000)

Scheduling conference held (rpt. Dibbs) schedule Judge Sleet entered as follows: (120) days for discovery on certification issue; open brief on class issue 04/16/01; status cnf. for 6/15/01 12:00; discovery fact and expert by 07/02/01; disp. motion deadline 7/16/01; 00−635 and 00−855 consolidated for discovery purposes only; cnsl.to confer on sched. re: temp.empl.claims &expt.rpts; pto due 10/29/01; ptc 11/19/01 4:00 p.m. (7) day jury trial 12/03/01 matter referred to Magistrate for mediation (cnsl. to submit proposed order consistant w/above by 12/28/00) (gp) (Entered: 11/21/2000)

Deadline updated; set Scheduling Order Deadlines: Discovery deadline on 7/2/01 Deadline for filing dispositive motions by 7/16/01 Pretrial conference by 4:00 11/19/01 Trial Date Deadline 9:00 12/3/01 Proposed Pretrial Order due on or before 10/29/01 , set Status Conference for 12:00 6/15/01 (gp) (Entered: 11/21/2000)

Steno Notes for 11/21/00 (rpt. Dibbs) (gp) (Entered: 12/03/2000)

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of 1st set of interrog. to defts. (gp) Modified on 12/14/2000 (Entered: 12/14/2000)

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of request for production of documents (gp) (Entered: 12/14/2000)

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of 1st interrog. to deft. (gp) (Entered: 12/14/2000)

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of request for production of documents (gp) (Entered: 12/14/2000)

Proposed Scheduling Order filed by Sharon Hamilton, Jeannette Cunningham, City of Wilmington, James H. Sills, Mary Dees, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones (gp) (Entered: 12/21/2000)

So Ordered granting [18−1] proposed Scheduling Order; see order for further details ( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 12/21/2000)

STIPULATION extending time to and including 01/22/01 for defts. to respond to pltfs. 1st set of interrog and request for production of documents (gp) (Entered: 01/18/2001)

So Ordered granting [20−1] stipulation extending time to 01/22/01 for defts. to respond to pltf. 1st interrog. and request for production ( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 01/25/2001)

CERTIFICATE OF SERVICE by James H. Sills, Mary Dees re: dfts responses to pltfs' request for production, dfts' response to plaintiffs' 1st set of interrogatories to defendant (rdb) (Entered: 01/26/2001)

CERTIFICATE OF SERVICE by City of Wilmington, James H. Sills, Mary Dees re: dft's production and interrogatories (1st set) (rdb) (Entered: 01/26/2001)

ORDER, et Settlement Conference for 10:00 6/11/01 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (gp) (Entered: 01/31/2001)

Proposed Stipulated Confidentiality Order filed (gp) Modified on 03/08/2001 (Entered: 02/15/2001)

So Ordered granting [25−1] Stipulated Confidentiality order ( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 02/20/2001)

CERTIFICATE OF SERVICE by City of Wilmington, James H. Sills, Mary Dees of 1st request for production of documents re: class certification issue (gp) (Entered: 03/02/2001)

CERTIFICATE OF SERVICE by City of Wilmington, James H. Sills, Mary Dees of 1st set of interrog. re: class certificatino issue (gp) (Entered: 03/02/2001)

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of 2nd set of interrog. to defts. (gp) (Entered: 03/08/2001)

CERTIFICATE OF SERVICE by City of Wilmington, James H. Sills, Mary Dees of responses to 2nd set of interrog. (gp) (Entered: 04/06/2001)

Opening Brief Filed by Sharon Hamilton, Jeannette Cunningham, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones in Support of Thier Motion for Class Certification (gp) (Entered: 04/20/2001)

Appendix to Brief Filed by Sharon Hamilton, Jeannette Cunningham, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones Appending [29−1] opening brief [Sealed] (gp) (Entered: 04/20/2001)

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of response to defts. 1st request for production (gp) (Entered: 04/25/2001)

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of response to deft. 1st set of interrog. (gp) (Entered: 04/25/2001)

Answer Brief in Opposition to pltfs. Motion for Class Certification Filed by City of Wilmington, James H. Sills, Mary Dees (gp) (Entered: 05/02/2001)

Letter from counsel for deft. regarding answering brief in in opposition to motion for class cert. (gp) (Entered: 05/09/2001)

Reply Brief Filed by Sharon Hamilton, Jeannette Cunningham, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones in Support of their Motion for Class Certification (gp) (Entered: 05/09/2001)

MOTION by City of Wilmington, James H. Sills, Mary Dees for Summary Judgment Answer Brief due 6/22/01 re: [36−1] motion (gp) (Entered: 06/12/2001)

Proposed Stiuplated Order Staying Action and Amending Scheduling Order filed by Sharon Hamilton, Jeannette Cunningham, City of Wilmington, James H. Sills, Mary Dees, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones (gp) (Entered: 06/25/2001)

Letter from counsel in support of proposed stipulated order staying action and amending scheduling order (gp) (Entered: 06/25/2001)

So Ordered granting [38−1] proposed order staying matter until 07/20/01; and Amending Scheduling order as follows:discovery cutoff 08/31/01; brief sched. on deft.motion for summary judgment plf. ans.brief 07/20/01 deft. rply. 08/10/01; briefing shall be completed by 09/06/01; see order for further details( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 06/26/2001)

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of 3rd interrog. to defts. (gp) (Entered: 07/13/2001)

CERTIFICATE OF SERVICE by Sharon Hamilton, Jeannette Cunningham of 2nd request for production of documents to defts. (gp) (Entered: 07/13/2001)

STIPULATION Amending Briefing Schedule on defts. motion for summary judgment filed 6/8/01 (gp) (Entered: 07/18/2001)

Letter from counsel for pltf. in support of stip. to amend briefing schdule (gp) (Entered: 07/18/2001)

So Ordered granting [42−1] stipulation amending the brief schedule on defts. motion for summary judgment as follows: pltf. answering brief 07/31/01; defts. reply due 08/17/01 ( signed by Judge Gregory M. Sleet ) Notice to all parties. (gp) (Entered: 07/20/2001)

Deadline updated; reset Answer Brief Deadline to 7/31/01 re: [36−1] motion for Summary Judgment , reset Reply Brief Deadline to 8/17/01 re: [36−1] motion for Summary Judgment (gp) (Entered: 07/20/2001)

ORDER, that the continued reset Settlement Conference for 10:00 8/27/01 ( signed by Judge Mary P. Thynge ) copies to: cnsl. (gp) (Entered: 07/30/2001)

Answer Brief Filed by Sharon Hamilton, Jeannette Cunningham [36−1] motion for Summary Judgment − Reply Brief due 8/7/01 (gp) (Entered: 08/01/2001)

Appendix to Brief Filed by Sharon Hamilton, Jeannette Cunningham Appending [45−1] answer brief [Sealed] (gp) (Entered: 08/01/2001)

Reply Brief Filed by City of Wilmington, James H. Sills, Mary Dees [36−1] motion for Summary Judgment (gp) (Entered: 08/20/2001)

Letter from cnsl. for defts. that parties have reached a agreement on the terms of settlement that parties will submit proposed class certificatino and settlement terms for approval (gp) (Entered: 08/24/2001)

Letter from counsel for pltf. that parties have reached a agreement to resolve mater (gp) (Entered: 09/26/2001)

JOINT MOTION by Sharon Hamilton, Jeannette Cunningham, City of Wilmington, James H. Sills, Mary Dees, Terry Lee White, Jennifer Dawn Ferranto, Cassandra Irvin, Vernon Dupree, Robert I Fields, David SM Koon, Reynolds C Abrams, Thomas Washington, Marshall Q Jones for Temporary Class Certification and Request Hearing on Proposed Settlement re: [50−1] motion (gp) (Entered: 10/30/2001)

Letter from counsel for pltfs. requesting hearing to determine settlement (gp) (Entered: 01/18/2002)

Deadline updated; Motion Hearing set for 10:00 3/26/02 for [50−1] motion for Temporary Class Certification and Request Hearing on Proposed Settlement (gp)

ORDER that defendant motion for summary judgment is dismissed w/out prejudice ( signed by Judge Gregory M. Sleet ) copies to: cnsl. (gp) (Entered: 03/22/2002)

Motion hearing re: [50−1] motion for Temporary Class Certification and Request Hearing on Proposed Settlement held (rpt. Gaffigan); order Judge Sleet granting request for temporary class certification (gp) (Entered: 03/26/2002)

ORDER granting [50−1] motion for Temporary Class Certification Proposed Settlement; directing that w/in 45 days of this order 05/13/02 class members may exlcude; directing that class members by 05/13/02 submit claim forms; that objectinos by class members to proposed settlement shall be filed w/the clerk on or before 6/18/02; settting hearing on 07/18/02 at 10:00; see order for further details ( signed by Judge Gregory M. Sleet ) copies to: cnsl. in open court (gp) (Entered: 03/26/2002)

Steno Notes for 03/26/02 (rpt. Gaffigan) (gp) (Entered: 03/28/2002)

Deadline updated; set Settlement Conference for Approval of Settlment for 10:00 7/18/02 (gp) (Entered: 04/16/2002)

Claim form by Barbara J. Potter (gp) (Entered: 04/24/2002)

Claim by Tracy L. Taylor (gp) (Entered: 05/02/2002)

Claim by Elwood Barrett, III (gp) (Entered: 05/17/2002)

Claim by Nichole M. Torrence (gp) (Entered: 05/17/2002)

Letter from counsel for deft. regarding courts order of 03/26/02 that defts. file affidavit setting forth those persons to whom notice of proposed class action settlement was mailed, that at present defts. have not be able to file required affidavit and that counsel for both parties are planning to meet and rsolve issue and they anticipate filing affidavit on or before 6/`7/01 (gp) (Entered: 06/07/2002)

Claim form from Carolos A. Diaz (gp) (Entered: 06/12/2002)

NOTICE of lodging of Affidavit of Kathleen McDonough by City of Wilmington, James H. Sills (gp) (Entered: 06/20/2002)

Letter from counsel for pltf. regarding claims received after the 05/13/02 deadline requesting court's permission to waive filing deadline (gp) (Entered: 07/03/2002)

Letter from counsel for defts. that they do not obj. to pltfs. request to waive filing deadline (gp) (Entered: 07/11/2002)

ORDER that the 05/13/02 filing deadline is extended up to and including 06/29/02 ( signed by Judge Gregory M. Sleet ) copies to: cnsl. (gp) (Entered: 07/11/2002)

Hearing held before Judge Sleet (rpt. Gaffigan) to determine whether the proposed settlement is fair, reasonable and adequate for the Ceritified Class; reserved Judge Sleet (gp) (Entered: 07/18/2002)

Steno Notes for 07/18/02 (rpt. Gaffigan) (gp) (Entered: 07/18/2002)

TRANSCRIPT filed for dates of 07/18/02 (gp) (Entered: 07/19/2002)

Proposed Order and Final Judgment filed (gp) (Entered: 08/21/2002)

MEMORANDUM AND ORDER that parties proposed settlement is fair, reasonable and adequate; the court directs that settlement funds be distributed in the manner suggested in the parties order submitted 7/18/02; see order for further details (signed by Judge Gregory M. Sleet ) copies to: cnsl. (gp) (Entered: 08/26/2002)

Case closed (gp) (Entered: 08/29/2002)

Letter from counsel for pltf. re: Darry Wilson/climant late claim, and request to participate in settlement (gp) (Entered: 09/10/2002)

Letter response from cnsl. for deft. to pltf. letter of 09/04/02 re: late claim (gp) (Entered: 09/10/2002)

Letter from counsel for pltfs. w/follow up as to application by Daryl Wilson to be permitted to file a claim out of time, that parties agree that Daryl Wilson should be treated as other members of the class (gp) (Entered: 09/25/2002)

Letter from counsel for defts. in response to pltf. letter of 09/24/02 regarding late filing by Daryl Wilson requesting permission to participate in class; defts. do not oppose Mr. Wilson's inclusion in class and have attached a proposed order with modifications and stip. to by pltfs. for approval (gp) (Entered: 09/26/2002)

ORDER that those individuals who filed calims forms on or before 09/20/02 are otherwise eligible for participation in the plaintiff class; no claims received after 09/20/02 will be considered as eligible for participation in the class; see order for further details ( signed by Judge Gregory M. Sleet ) copies to: cnsl. (gp) (Entered: 09/30/2002)

ORDER advising that case will be forwarded to FARC after 6 months and directing that sealed documents be returned to filing parties; see order for further details ( signed by Judge Gregory M. Sleet ) copies to: cnsl. (gp) (Entered: 07/10/2003)

Return Acknowledgment from cnsl. of receipt of sealed DI nos. 30, and 46 (gp) (Entered: 07/30/2003)