Case: Hawkins v. Groot Industries, Inc.

COMPLAINT (Attachments); Jury demand − Civil cover sheet − Appearance(s) of Uche O. Asonye as attorney(s) for plaintiffs ( No summons(es) issued.) ( Documents: 1−1 through 1−3) (maf) (Entered: 03/13/2001)

RECEIPT regarding payment of filing fee paid; on 3/12/01 in the amount of $ 150.00, receipt # 1023515. (maf) (Entered: 03/13/2001)

SCHEDULE set on 5/21/01 by Hon. James B. Moran : Status hearing set to 9:45 6/6/01 pursuant to rule l6 of the F.R.C.P. Mailed notice (wah) (Entered: 05/21/2001)

ATTORNEY APPEARANCE for defendants Groot Industries, Inc., Groot Recycling and Waste Mgt Svc, Inc. by David Elliot Metz, Jeffrey Kenneth Ross. (maf) (Entered: 05/25/2001)

ANSWER by defendants to complaint [1−1]; Notice. (maf) (Entered: 05/25/2001)

SCHEDULE set on 6/6/01 by Hon. James B. Moran : Status hearing held. No notice (wah) (Entered: 06/06/2001)

REASSIGNMENT ORDER of 6/8/01 Case reassigned to Hon. Joan B. Gottschall from the Hon. James B. Moran . (For further detail see order.) Mailed notice (maf) (Entered: 06/11/2001)

MOTION by plaintiffs to set a briefing schedule for motion for class certification ; Notice (yap) (Entered: 07/26/2001)

MINUTE ORDER of 7/25/01 by Hon. Joan B. Gottschall : Status hearing set to 8/2/01 at 9:30 a.m. Plaintiff's motion to set a briefing schedule for motion for class certification [5−1] is granted. Motion for class certification is due by 11/23/01. Response by 12/21/01. Reply to 1/4/02. Mailed notice (yap) (Entered: 07/26/2001)

SCHEDULE set on 8/2/01 by Hon. Joan B. Gottschall : Status hearing held. Status hearing date will be set with ruling on class certification motion by mail. In court notice (rj) (Entered: 08/02/2001)

AGREED MOTION by parties to extend the briefing schedule for motion for class certification by ninety(90)days, or until 2/21/02 ; Notice (las) (Entered: 11/15/2001)

MINUTE ORDER of 11/14/01 by Hon. Joan B. Gottschall : Agreed motion by the parties to extend the briefing schedule for motion for class certification by ninety(90)days,or until 2/21/02 is granted [7−1]. Motion for class certification is due 2/21/02. Response is due by 3/22/02. Reply is due by 4/5/02. Mailed notice. (las) (Entered: 11/15/2001)

MOTION by plaintiffs for leave to file their first amended class action complaint pursuant to Rule 15(a) of the Federal Rules of Civil Procedure to add parties and to include additional allegations of discrimination ; Brief in support (Attachments); Notice. (lc) (Entered: 12/20/2001)

MINUTE ORDER of 12/19/01 by Hon. Joan B. Gottschall: Answer breif to motion due 01/09/02. Reply to answer breif due 01/23/02. Ruling on plaintiffs' motion for leave to file their first amended complaint [9−1] will be by mail. Mailed notice. (fce) (Entered: 12/20/2001)

ATTORNEY APPEARANCE for defendants Groot Industries, Inc. and Groot Recycling and Waste Services, Inc. by John M. Vande Walle. (cem) (Entered:

REPLY by plaintiffs to defendants' response to plaintiffs' motion to amend [12−1] (Attachments). (mw) (Entered: 01/25/2002)

EXPEDITED REFERRAL ORDER: Case referred to Hon. Martin C. Ashman for settlement conference Mailed notice. (rj) (Entered: 02/27/2002)

SCHEDULE set on 3/13/02 by Hon. Martin C. Ashman : Settlement conference set for 2:00 4/10/02 in chambers 1366. All clients and parties with full authority to settle are to be physically present. Failure to have parties with full authority to settle present may result in the imposition of severe sanctions. (For further details see attached standing order.) Mailed notice (is) (Entered: 03/13/2002)

AGREED MOTION by parties to reset the date of the settlement conference ; Notice. (yp) (Entered: 04/09/2002)

MINUTE ORDER of 4/8/02 by Hon. Martin C. Ashman : Agreed motion to reset the date of the settlement conference is granted [15−1]. Settlement conference is reset to 6/19/02 at 2:00 p.m. Mailed notice (yp) (Entered: 04/09/2002)

SCHEDULE set on 6/21/02 by Hon. Martin C. Ashman : Settlement conference reset to 11:00 7/18/02. Mailed notice (is) (Entered: 06/21/2002)

CITATION to Discover Assets Issued as to Patrick Botica and Michael Tarelco (2 original &2 copies). (hmb) (Entered: 07/02/2002)

MEMORANDUM by defendants in support of their motion for summary judgment re plaintiff Hawkins. (gcy) (Entered: 07/16/2002)

EXHIBITS list by defendants [17−1] (Attachments). (gcy) (Entered: 07/16/2002)

MEMORANDUM by defendants in support of their motion for summary judgment re plaintiff Woodfork. (gcy) (Entered: 07/16/2002)

EXHIBITS list by defendant [19−1] (Attachments). (gcy) (Entered: 07/16/2002)

MOTION by defendants' for summary judgment re plaintiff Woodfork ; Notice. (hmb) (Entered: 08/05/2002)

STATEMENT by defendants' of undisputed material facts in support of their motion for summary judgment as to plaintiff Woodfork [24−1]. (hmb) (Entered: 08/05/2002)

MOTION by defendants' for summary judgment re plaintiff Hawkins ; Notice. (hmb) (Entered: 08/05/2002)

STATEMENT by defendants' of undisputed material facts in support of their motion for summary judgment as to plaintiff Hawkins [26−1]. (hmb) (Entered: 08/05/2002)

MOTION by plaintiffs' to continue defendants' summary judgment motion in order to complete discovery and briefing on plaintiffs' motion for class certification ; Notice. (hmb) (Entered: 08/05/2002)

MEMORANDUM by plaintiffs' in support of their motion to continue defendants' summary judgment motion in order to complete discovery and briefing on plaintiffs' motion for class certification [28−1] (Attachments). (hmb) (Entered: 08/05/2002)

AFFIDAVIT of Uche O. Asonye, attorney for plaintiffs'. (hmb) (Entered: 08/05/2002)

AMENDED NOTICE by defendants' of motion for summary judgment re plaintiff Woodfork [24−1] (hmb) (Entered: 08/05/2002)

MINUTE ORDER of 7/18/02 by Hon. Martin C. Ashman : Settlement conference held − unsuccessful. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Terminating the case referral to Hon. Martin C. Ashman regarding [9−1] . No notice (hmb) (Entered: 07/19/2002)

MOTION by plaintiffs' pursuant to rule 30(d) to direct counsel for defendants' to permit a fair deposition examination of defendants' division manager, Craig Phillips , and for sanctions (Attachments); Notice. (hmb) (Entered: 08/05/2002)

RESPONSE by defendants' to plaintiffs' motion to continue Groot's motions for summary judgment. (hmb) (Entered: 07/29/2002)

REPLY by plaintiffs' to Groot's response to plaintiffs' motion to continue Groot's motion for summary judgment. (hmb) (Entered: 07/31/2002)

MINUTE ORDER of 7/31/02 by Hon. Joan B. Gottschall : Plaintiff's motion to continue defendants' summary judgment motion in order to complete discovery and briefing on plaintiffs' motion for class certification is denied for reasons stated on the record [28−1]. Plaintiffs' motion pursuant to rule 30(d) to direct counsel for defendants' to permit a fair deposition examination of defendants' division manager, Craig Phillips [33−1] and for sanctions [33−2] is entered and continued to 8/30/02 at 9:30 a.m. Response is due by 8/21/02. Answer brief to defendants' motions for summary judgment re: plaintiffs' Woodfork and Hawkins [26−1], [24−1] due 10/9/02. Reply to answer brief due 10/30/02. Mailed notice (hmb) (Entered: 08/05/2002)

MINUTE ORDER of 8/5/02 by Hon. Joan B. Gottschall: Status hearing set for 8/29/02 at 9:30 a.m. Plaintiffs' motion for leave to file their first amended class action complaint is granted in part and denied in part [9−1]. (Entered Order) Mailed notice (vmj) (Entered: 08/07/2002)

DECLARATION of Georgine Wendell regarding motions for summary judgment re plaintiff Hawkins [26−1] re plaintiff Woodfork [24−1]; Notice. (hmb) (Entered: 08/19/2002)

DECLARATION of Jim Dowling regarding motions for summary judgment re plaintiff Hawkins [26−1], re plaintiff Woodfork [24−1]; Notice. (hmb) (Entered: 08/19/2002)

DECLARATION of Craig Phillips regarding motions for summary judgment re plaintiff Hawkins [26−1], re plaintiff Woodfork [24−1]; Notice. (hmb) (Entered: 08/19/2002)

DECLARATION of C.J. Sturwold regarding motions for summary judgment re plaintiff Hawkins [26−1], re plaintiff Woodfork [24−1]; Notice. (hmb) (Entered: 08/19/2002)

RESPONSE by Groot Ind Inc and Groot Recycling to plaintiffs' motion re Phillips deposition [33−1] (Attachments). (hmb) (Entered: 08/22/2002)

MOTION by plaintiffs' for leave to file their second amended class action complaint (Attachments); Notice. (hmb) (Entered: 09/03/2002)

MINUTE ORDER of 8/30/02 by Hon. Joan B. Gottschall : Answer brief to plaintiffs' motion for leave to file their second amended class action complaint due 9/13/02 [41−1]. Reply to answer brief due 9/27/02. Ruling on motion [41−1] will be by mail. Plaintiffs' motion pursuant to Rule 30(d) to direct counsel for defendants' to permit a fair deposition examination of defendants' division manager, Craig Phillips is granted [33−1], and for sanctions is granted in part and denied in part [33−2]. Oral motion by plaintiffs' counsel for an extra hour beyond 7 hour limit to take deposition is granted. Mailed notice (hmb) (Entered: 09/03/2002)

MOTION by plaintiffs' for class certification ; Memorandum in support; Notice. (hmb) (Entered: 09/17/2002)

MOTION by plaintiffs' to file memorandum in support of motion for class certification in excess of 15 pages . (hmb) (Entered: 09/17/2002)

RESPONSE by defendants' to plaintiffs' motion for leave to file their second amended class action complaint [41−1] (Attachments). (hmb) (Entered: 09/16/2002)

MINUTE ORDER of 9/13/02 by Hon. Joan B. Gottschall : Answer brief to plaintiffs' motion for class certification [44−1] due 10/15/02. Reply to answer brief due 10/29/02. Ruling on plaintiff's motion for class certification will be by mail. Plaintiff's motion for leave to file memorandum in support of motion for class certification in excess of 15 pages is granted [46−1]. Mailed notice (hmb) (Entered: 09/17/2002)

ATTORNEY APPEARANCE for defendants' by William Francis Dugan (hmb) (Entered: 09/18/2002)

REPLY by plaintiffs' to defendants' response to plaintiff's motion for leave to file their second amended class action complaint [41−1] (Attachments). (hmb) (Entered: 09/27/2002)

MOTION by plaintiffs' to modify the briefing schedule for defendants' summary judgment motions by 12 days (Attachments); Notice. (hmb) (Entered: 10/09/2002)

STATEMENT by defendant of undisputed material facts in support of their motion for summary judgment re plaintiff Guerrero (hmb) (Entered: 10/07/2002)

COMPENDIUM OF DOCUMENTS by defendants' in support of their motion for summary judgment re plaintiff Guerrero (Attachments). (hmb) (Entered: 10/07/2002)

MOTION by defendant for summary judgment re: plaintiff Guerrero ; (hmb) (Entered: 10/10/2002)

MEMORANDUM of law by defendants' in support of their motion for summary judgment re: plaintiff Guerrero [55−1] (hmb) (Entered: 10/10/2002)

ENTERED ORDER regarding the briefing schedule for defendants' motions for summary judgment and plaintiffs' motion for class certification. (hmb) (Entered: 10/09/2002)

MINUTE ORDER of 10/8/02 by Hon. Joan B. Gottschall : Enter agreed order. Plaintiff's motion to modify the briefing schedule for defendants' summary judgment motions by 12 days is granted [52−1]. Regarding defendants' motion for summary judgment in connection with plaintiffs', Hawkins [26−1] and Woodfork [24−1]: plaintiffs' responses to defendants' motions for summary judgment are due 10/23/02. Defendants' reply by 11/13/02. Regarding defendants' motion for summary judgment in connection with plaintiff, Guerrero: Plaintiff's response to defendants' motion for summary judgment are due 11/14/02. Defendants' reply by 11/25/02. Defendants' response to plaintiffs' motion for class certification is due by 11/4/02 [44−1]. Plaintiffs' reply is due by 11/18/02. Mailed notice (hmb) (Entered: 10/09/2002)

MOTION by defendants' for summary judgment re: plaintiff Hernandez ; Memorandum of law in support; Notice. (hmb) (Entered: 10/21/2002)

STATEMENT by defendants' of undisputed material facts in support of their motion for summary judgment re: plaintiff Hernandez [58−1] (hmb) (Entered: 10/21/2002)

COMPENDIUM of documents by defendants' in support ot their motion for summary judgment re: plaintff Hernandez (Attachments). (hmb) (Entered: 10/21/2002)

MOTION by defendants' to correct 8/30/02 order (Attachments); Notice. (hmb) (Entered: 10/21/2002)

MINUTE ORDER of 10/18/02 by Hon. Joan B. Gottschall : Answer brief to defendants' motion for summary judgment re: plaintiff Hernandez [58−1] due on 11/18/02. Reply to answer brief due 12/2/02. Ruling on motion [58−1] will be by mail. Mailed notice (hmb) (Entered: 10/21/2002)

MINUTE ORDER of 10/18/02 by Hon. Joan B. Gottschall : Defendants' motion to correct 8/30/02 order is granted as follows: [61−1] The court did not intend to sanction anyone in its 8/30/02 order. The court sees no reason to correct the order beyond this clarification. No appearance is required 10/23/02 at 9:30 a.m. Mailed notice (hmb) (Entered: 10/21/2002)

MINUTE ORDER of 10/18/02 by Hon. Joan B. Gottschall : Briefing schedule as to defendants' motion for summary judgment in connection with plaintiff, Hernandez [58−1] is extended as follows: response is due by 12/9/02. Reply is due 1/10/03. (Entered Order.) Mailed notice (hmb) (Entered: 10/24/2002)

SCHEDULE set on 10/23/02 by Hon. Martin C. Ashman : Status hearing set to 10:00 11/1/02 in courtroom 1386. Mailed notice (is) (Entered: 10/23/2002)

MOTION by plaintiffs' for leave to file briefs in response to defendants' motion for summary judgment in excess of 15 pages ; Notice. (hmb) (Entered: 10/31/2002)

SUMMARY JUDGMENT EXHIBITS by plaintiffs' [58−1], [55−1], [26−1], [24−1] (hmb) (Entered: 10/31/2002)

TRANSCRIPT of proceedings for the following date(s): 7/31/02 Before the Honorable Joan B. Gottschall (hmb) (Entered: 10/25/2002)

TRANSCRIPT of proceedings for the following date(s): 8/30/02 Before the Honorable Joan B. Gottschall (hmb) (Entered: 10/25/2002)

MINUTE ORDER of 10/30/02 by Hon. Joan B. Gottschall : Plaintiffs' motion for leave to file briefs in response to defendants' motion for summary judgment in excess of 15 pages is granted [67−1]. Mailed notice (hmb) (Entered: 10/31/2002)

RESPONSE by plaintiff Woodfork to defendants' statement of undisputed material facts in support of their motion for summary judgment as to plaintiff Woodfork [24−1] (hmb) (Entered: 10/31/2002)

RESPONSE by plaintiff Hawkins to defendants' statement of undisputed material facts in support of their motion for summary judgment as to plaintiff Hawkins [26−1] (hmb) (Entered: 10/31/2002)

STATEMENT by plaintiffs' of additional facts which require the denial of defendants' summary judgment motion pursuant to Rule 56.1(b)(3)(B) (hmb) (Entered: 10/31/2002)

BRIEF by plaintiff Hawkins in response to defendants' motion for summary judgment (Attachments). (hmb) (Entered: 10/31/2002)

BRIEF by plaintiff Woodfork in response to defendants' motion for summary judgment (Attachments). (hmb) (Entered: 10/31/2002)

MINUTE ORDER of 10/30/02 by Hon. Joan B. Gottschall : Enter agreed order. Defendants' response to plaintiffs' motion for class certification is due by 12/5/02 [44−1]. Plaintiffs' reply is due by 1/10/03. Defendants' replies to plaintiffs' responses to defendants' summary judgment motions related to Hawkins and Woodfork are due by 11/25/02. Plaintiffs responses to defendants' summary judgment motion related to Javier Guerrero are due by 11/14/02. Defendants' reply is due by 12/15/02. Plaintiffs' response to defendants' summary judgment motion related to Enrique Hernandez is due by 12/9/02. defendants' reply is due 1/10/03. (Entered Agreed Order Regarding the Briefing Schedules for Plaintiffs' Class Certification Motion and Defendants' Summary Judgment Motions.) Mailed notice (hmb) (Entered: 10/31/2002)

LETTER from John Vande Walle, attorney for defendants' to the clerk of court dated 10/30/02. (hmb) (Entered: 11/05/2002)

MOTION by Javier Guerrero for leave to file his brief in response to defendants' motion for summary judgment in excess of 15 pages ; Notice. (air) (Entered: 11/25/2002)

SCHEDULE set on 11/19/02 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 2/13/03 . Mailed notice (is) (Entered: 11/19/2002)

MINUTE ORDER of 11/22/02 by Hon. Joan B. Gottschall: Plaintiff Guerrero's motion for leave to file his brief in response to defendants' motion for summary judgment in excess of 15 pages is granted [77−1]. Mailed notice (air) (Entered: 11/25/2002)

STATEMENT by Javier Guerrero of additional facts which require the denial of defendants' summary judgment motion pursuant to Rule 56.1(b)(3)(B). (air) (Entered: 11/25/2002)

BRIEF IN RESPONSE by Javier Guerrero to defendants' motion for summary judgment re: plaintiff Hernandez [58−1] re: plaintiff Guerrero [55−1] re plaintiff Hawkins [26−1], re plaintiff Woodfork [24−1] (Attachments). (air) (Entered: 11/25/2002)

RESPONSE by Javier Guerrero to defendants' statement of undisputed material facts in support of their motion for summary judgment re: plaintiff Guerrero [55−1]. (air) (Entered: 11/25/2002)

SUMMARY JUDGEMENT EXHIBITS by Javier Guerrero. (air) (Entered: 11/25/2002)

CONSOLIDATED AGREED MOTION by defendants' to exceed 15 page limitation , and for extension of time to file response ; Notice. (hmb) (Entered: 12/06/2002)

MINUTE ORDER of 12/4/02 by Hon. Joan B. Gottschall : Consolidated agreed motion by defendants to exceed 15 page limitation for their summary judgment reply briefs concerning Anderson Hawkins and Larry Woodfork [87−1], and for extension of time to file response is granted [87−2]. Defendants' responses to plaintiff's motion for class certification is due by 12/12/02 [44−1]. Plaintiff's reply is due by 1/20/03. Mailed notice (hmb) (Entered: 12/06/2002)

RESPONSE by defendants' to Hawkins and Woodfork's Rule 56.1 (3)(B) statement [72−1] (hmb) (Entered: 12/06/2002)

APPENDIX by defendants' to their responses to plaintiffs' statement of additional facts [72−1]. (hmb) (Entered: 12/06/2002)

REPLY brief by defendants' in support of its motion for summary judgment regarding Woodfork [24−1]. (hmb) (Entered: 12/06/2002)

REPLY brief by defendants' in support of its motion for summary judgment regarding Hawkins [26−1]. (hmb) (Entered: 12/06/2002)

MOTION by plaintiff Enrique Hernandez for leave to to file his brief in response to defendants' motion for summary judgment in excess of 15 pages ; Notice. (hmb) (Entered: 12/16/2002)

RESPONSE by plaintiff Hernandez to defendants' statement of undisputed material facts in support of their motion for summary judgment as to plaintiff Hernandez [58−1] (hmb) (Entered: 12/16/2002)

STATEMENT by plaintiff Hernandez of additional facts which require the denial of defendants' summary judgment motion pursuant to Rule 56.1(b)(3)(B). (hmb) (Entered: 12/16/2002)

MINUTE ORDER of 12/13/02 by Hon. Joan B. Gottschall : Plaintiff, Hernandez's motion for leave to to file his brief in response to defendants' motion for summary judgment in excess of 15 pages is granted [89−1]. Mailed notice (hmb) (Entered: 12/16/2002)

BRIEF by plaintiff Hernandez in response to defendants' motion for summary judgment (Attachments). (hmb) (Entered: 12/16/2002)

MOTION instanter by defendant for extension of time to file response brief , and motion insanter for leave to file briefs in excess of 15 pages ; Notice. (hmb) (Entered: 12/24/2002)

MOTION by plaintiff for leave to file an additional appearance ; Notice. (hmb) (Entered: 01/10/2003)