Case: Lemon v. IUOE

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT−Class action (Summons(es) issued); jury demand Consent Forms Distributed for Magistrate Judge Gorence (wied, ) (Entered: 08/13/1997)

CERTIFICATE of interest by plaintiff Jeff Lemon, plaintiff Karen Meyer, plaintiff John Duncan, plaintiff Odell Williams, plaintiff Virgil Eiland, plaintiff Pat Haynes, plaintiff Craig Anderson, plaintiff John Beamon, estate of Jimmy Lee, plaintiff Bobby Maybern, plaintiff Shirley Nyman, plaintiff Mary Preston, plaintiff Franklin Edmonds, plaintiff Bobby Sanford (wied, ) (Entered: 08/13/1997)

FILING FEE PAID: on 8/12/97 in the amount of $ 150.00, receipt # 89831. (wied, ) (Entered: 08/13/1997)

CERTIFICATE of INTEREST by defendant Local 139 IUOE (wied, ) (Entered: 09/05/1997)

ANSWER by defendant Local 139 IUOE to [1−1] with attached certificate of service. (wied, ) (Entered: 09/05/1997)

MOTION by defendant OEJAC, WI Area to dismiss (wied, )

BRIEF by defendant OEJAC, WI Area in support of motion to dismiss [6−1] (wied, )

RETURN OF SERVICE executed of defendant Donald W Shaw Sr on 8/25/97 (wied, )

RETURN OF SERVICE executed of defendant OEJAC, WI Area on 8/18/97 (wied, )

RETURN OF SERVICE executed of defendant Local 139 IUOE on 8/15/97 (wied, )

CONSENT to Proceed before Magistrate Judge by plaintiff Jeff Lemon, plaintiff Karen − Meyer, plaintiff John Duncan, plaintiff Odell Williams, plaintiff Virgil Eiland, plaintiff Pat Haynes, plaintiff Craig Anderson, plaintiff John Beamon, estate of Jimmy Lee, plaintiff Bobby Maybern, plaintiff Shirley Nyman, plaintiff Mary Preston, plaintiff Franklin Edmonds, plaintiff Bobby Sanford (wied, )

MOTION by defendant Donald W Shaw Sr to dismiss party (wied, ) (Entered: 09/15/1997)

BRIEF by defendant Donald W Shaw Sr in support of motion to dismiss party [12−1] (wied, ) (Entered: 09/15/1997)

CERTIFICATE of service by defendant Donald W Shaw Sr (wied, ) Modified on 09/16/1997 (Entered: 09/15/1997)

LETTER from plaintiffs' Attorney Michael R. Bauer requesting a status conference to consider referring this matter to mediation pursuant to prior agreement among counsel. (wied, )

LETTER from defendant Local 139 IUOE's Attorney Marianne Goldstein Robbins in response to the correspondence of Atty. Michael Bauer dated 9/16/97 advising that she is not aware of any present agreement, among counsel representig the parties in this action, to proceed to mediation. However, she has no objection to establishing a status conference promptly. (wied, )

AMENDED ANSWER Re: [5−1] by defendant Local 139 IUOE with attached certificate of service (wied, ) Modified on 09/24/1997 (Entered: 09/24/1997)

NOTICE of hearing by the Court ; status hearing set for 3:30 10/15/97 (cc: all counsel) (wied, ) (Entered: 09/30/1997)

JOINT STIPULATION to dismiss the Wisconsin Area Operating Engineers Joint Apprentice Committee by plaintiffs and defendant OEJAC, WI Area (wied, ) (Entered: 10/10/1997)

ORDER by Mag Judge Patricia J. Gorence dismissing party OEJAC, WI Area without costs and with prejudice. (cc: all counsel) (wied, ) (Entered: 10/10/1997)

HEARING MINUTES: ; telephone status conference set for 3:00 1/22/98 ; status hearing held 10/15/97 ; Parties have advised the court that they have decided to engage in private mediation for a 3 month period; defendant's answer to mandatory interrogatories and any supplementation of the plaintiff's answers to mandatory interrogatories will be stayed pending further order by the court. (wied, ) (Entered: 10/20/1997)

SCHEDULING ORDER Mag Judge Patricia J. Gorence; See hearing minutes (cc: all counsel) (wied, )

MOTION by plaintiff Jeff Lemon, plaintiff Karen − Meyer, plaintiff John Duncan, plaintiff Odell Williams, plaintiff Virgil Eiland, plaintiff Pat Haynes, plaintiff Craig Anderson, plaintiff John Beamon, estate of Jimmy Lee, plaintiff Bobby Maybern, plaintiff Shirley Nyman, plaintiff Mary Preston, plaintiff Franklin Edmonds, plaintiff Bobby Sanford to dismiss (wied, ) (Entered: 10/21/1997)

ORDER by Mag Judge Patricia J. Gorence granting motion to dismiss [23−1], granting motion to dismiss party [12−1] and terminating party Donald W Shaw with prejudice and without costs or attorney fees to any party herein (cc: all counsel) (wied, ) (Entered: 10/21/1997)

STATUS REPORT by Attorney Marianne Robbins requesting the court to postpone the status conference for a month. (wied, ) (Entered: 01/12/1998)

NOTICE of hearing by the Court ; telephone status hearing set for 2:00 3/3/98 (cc: all counsel) (wied, )

LETTER from Attorney Marianne Robbins dated 2/27/98 requesting the telephone status conference scheduled for 3/3/98 at 2:00 be postponed until early April. (wied, )

HEARING MINUTES: ; scheduling conference set for 2:00 4/29/98 (wied, ) (Entered: 04/08/1998)

SCHEDULING ORDER Mag Judge Patricia J. Gorence; See hearing minutes. (cc: all counsel) (wied, )

HEARING MINUTES: ; discovery ddl set for 12/1/98 ; telephone status conference set for 2:15 7/15/98 ; plaintiffs are to file their supplemental mandatory interrogatories by 6/1/98; plaintiffs are to file their motion for class certification by 6/1/98; defendants are to file their mandatory interrogatories by 7/1/98. (wied, ) (Entered: 04/30/1998)

SCHEDULING ORDER Mag Judge Patricia J. Gorence; See hearing minutes. (cc: all counsel) (wied, ) (Entered: 04/30/1998)

ATTORNEY APPEARANCE for plaintiffs by Charles J. Barnhill (wied, )

MOTION by defendant Local 139 Operating Engineers for protective order (vlh, ) (Entered: 05/15/1998)

MOTION by defendant Local 139 Operating Engineers for protective order with Exhibit A (wied, )

AMENDED MEMORANDUM of law by defendant Local 139 Operating Engineers in support of amended motion for protective order [33−1] (wied, )

TELEPHONIC HEARING MINUTES: held 5/18/98 Parties aggreed to stay the deposition, plaintiff's will file a response to motion for a protective order. Court Reporter: none (wied, ) (Entered: 05/19/1998)

CERTIFICATE of Interest by plaintiffs' (wied, ) (Entered: 05/26/1998)

BRIEF by plaintiffs' in opposition to motion for protective order [33−1] (wied, ) (Entered: 06/04/1998)

REPLY BRIEF by defendant Operating Engineers, defendant Local 139 Operating Engineers in support of motion for protective order [33−1], motion for protective order [32−1] (wied, )

LETTER from plaintiffs with latest update regarding plaintiffs' attempts to notice a deposition of Local 139 (wied, )

MOTION by plaintiffs' to certify class action (wied, ) (Entered: 06/02/1998)

BRIEF by plaintiffs in support of motion to certify class action [40−1] (wied, ) (Entered: 06/02/1998)

CERTIFICATE of Service by plaintiffs (wied, ) (Entered: 06/02/1998)

MOTION by plaintiffs for leave to file first amended complaint with attached copy of Amended Complaint (wied, ) Modified on 06/03/1998 (Entered: 06/03/1998)

MOTION by plaintiffs' for protective order , and/or to clarify discovery obligations (wied, ) Modified on 06/09/1998

CERTIFICATE of Service by plaintiffs' (wied, )

BRIEF by defendant Operating Engineers, defendant Local 139 Operating Engineers in opposition to motion for protective order [45−1] and or to motion to clarify discovery obligations [45−2] (wied, )

CERTIFICATE of Service of Defendants' Opposition to Motion for Protective Order and or to Clarify Discovery Obligations by defendant Operating Engineers, defendant Local 139 Operating Engineers (wied, )

NOTICE of telephonic hearing by the Court setting hearing on motion for protective order [45−1] 2:00 6/29/98, setting hearing on motion to clarify [45−2] 2:00 6/29/98, setting hearing on motion for leave to file first amended complaint [43−1] 6/29/98, setting hearing on motion to certify class action [40−1] 2:00 6/29/98, setting hearing on motion for protective order [33−1] 2:00 6/29/98, setting hearing on motion for protective order [32−1] 2:00 6/29/98 The Court will initiate the call. (cc: all counsel) (wied, ) (Entered: 06/23/1998)

BRIEF by defendant Operating Engineers, defendant Local 139 Operating Engineers in opposition to motion to certify class action [40−1] (wied, ) (Entered: 06/23/1998)

AFFIDAVIT of David Noll (wied, ) (Entered: 06/23/1998)

CERTIFICATE of Service by defendant Operating Engineers, defendant Local 139 Operating Engineers (wied, ) (Entered: 06/23/1998)

REMARK − There is No Docket # 50 (ers, ) (Entered: 06/27/2002)

MOTION by plaintiffs' for attorney Judson H. Miner to appear pro hac vice (wied, )

AFFIDAVIT of Judson H. Miner in support of motion for admission pro hac vice (wied, )

CERTIFICATE of service by plaintiffs' (wied, )

Amended BRIEF FILED by defendant Operating Engineers, defendant Local 139 Operating Engineers in opposition to motion for class certification (wied, )

BRIEF by defendant Operating Engineers, defendant Local 139 Operating Engineers in opposition to motion for leave to file first amended complaint [43−1] (wied, ) (Entered: 06/26/1998)

AFFIDAVIT of Counsel (wied, ) (Entered: 06/26/1998)

CERTIFICATE of service by defendant Operating Engineers, defendant Local 139 Operating Engineers (wied, ) (Entered: 06/26/1998)

MOTION by plaintiffs' to file corrected first amended complaint with attached proposed First Amended Complaint (corrected) (wied, ) Modified on 03/22/1999

MOTION by plaintiffs' to strike affidavit of David Noll and to permit plaintiffs to proceed with class discovery (wied, )

CERTIFICATE of Service by plaintiffs' (wied, )

LETTER from plaintiffs' withdrawing the motion to Proceed Pro Hac Vice for Judson Miner. They will be filing papers to admit Mr. Miner to the Eastern District of Wisconsin. (wied, )

MOTION by defendant Operating Engineers, defendant Local 139 Operating Engineers to strike Exhibit A of plaintiffs' motion to strike (wied, )

BRIEF by defendant Operating Engineers, defendant Local 139 Operating Engineers in opposition to motion to strike affidavit of David Noll and to permit plaintiffs to proceed with class discovery [62−1] and ... (wied, ) Modified on 07/10/1998

... Brief by International Union of Operating Engineers, IUOE Local 139 in support of motion to strike Exhibit A of plaintiffs' motion to strike [65−1] (wied, ) Modified on 07/10/1998

CERTIFICATE of Service by defendant Operating Engineers, defendant Local 139 Operating Engineers (wied, )

LETTER from defendant Operating Engineers, defendant Local 139 Operating Engineers stating that there were three errors in defendant Local 139's Brief in Opposition to Motion for Leave to File First Amended Complaint. The errors are explained in the letter. (wied, ) (Entered: 06/30/1998)

HEARING MINUTES: denying motion to strike Exhibit A of plaintiffs' motion to strike [65−1] without prejudice, denying motion to strike affidavit of David Noll and to permit plaintiffs to proceed with class discovery [62−1] without prejudice, granting motion to file corrected first amended complaint [61−1] to the extent it dismisses the International Union of Operating Engineers as a defendant, denying motion for attorney Judson H. Miner to appear pro hac vice [54−1] without prejudice, denying motion for protective order [45−1] without prejudice, denying motion for protective order [33−1] without prejudice, denying motion for protective order [32−1] The plaintiffs shall file their reply brief in support of their motion for class certification by 8/3/98. The defendants shall file their sur−reply brief in opposition to plaintiff's motion by 8/18/98. The plaintiffs shall file their reply breif in support of thier motion for leave to file their first amended complaint by 7/17/98. The telephone scheduling conference scheduled for 7/15/98 at 2;15 pm is cancelled. Court Reporter: None (wied, ) (Entered: 07/01/1998)

SCHEDULING ORDER Mag Judge Patricia J. Gorence ; Status hearing cancelled SEE heraing minutes for details. (cc: all counsel) (wied, ) (Entered: 07/01/1998)

ATTORNEY APPEARANCE for plaintiffs, for estate of Jimmy Lee by Glenn M. Stoddard, Edward R. Garvey (wied, ) Modified on 07/10/1998

MOTION by plaintiffs' for extension of time to 8/17/98 in which to file plaintiffs' reply memorandum in support of class certification with exhibits A−C (wied, )

REPLY BRIEF by plaintiffs' in support of motion for leave to file first amended complaint [43−1] with exhibits A−D (wied, )

CERTIFICATE of service by plaintiffs' (wied, )

BRIEF by defendant Local 139 Operating Engineers in opposition to motion for extension of time to 8/17/98 in which to file plaintiffs' reply memorandum in support of class certification [72−1] (wied, )

CERTIFICATE of service by defendant Local 139 Operating Engineers (wied, )

AFFIDAVIT of Counsel (wied, ) Modified on 08/27/1998 (Entered: 08/11/1998)

LETTER from plaintiffs' stating that the plaintiffs' computer consultant will be occupied until 8/4/98, and will be unable to review defendant's computer tapes until that time, and is additional ground to extend plaintiffs' time to file their reply brief in support of class certification. (wied, ) (Entered: 07/29/1998)

ORDER by Mag Judge Patricia J. Gorence granting motion for extension of time to 8/17/98 in which to file plaintiffs' reply memorandum in support of class certification [72−1] The defendant's sur−reply brief in opposition to the plaintiffs' motion for class certification shall be filed no later than 9/18/98. (cc: all counsel) (wied, ) Modified on 08/27/1998

REPLY BRIEF by plaintiffs' in support of motion to certify class action [40−1] (wied, ) Modified on 08/27/1998

CERTIFICATE of Interest by plaintiffs' (wied, ) Modified on 08/27/1998 (Entered: 08/25/1998)

BRIEF by defendant Local 139 Operating Engineers in support of motion to strike Exhibit A of plaintiffs' reply brief concerning class certification [82−1] (wied, ) (Entered: 09/21/1998)

CERTIFICATE of Service by defendant Local 139 Operating Engineers (wied, ) (Entered: 09/21/1998)

Defendant's surreply BRIEF FILED by defendant Local 139 Operating Engineers in opposition to plaintiff's motion for class certification. (wied, ) (Entered: 09/21/1998)

AFFIDAVIT of Marianne Goldstein Robbins (wied, ) (Entered: 09/21/1998)

AFFIDAVIT of Denise Johannsen (wied, ) (Entered: 09/21/1998)

AFFIDAVIT of Harvey Tom Tucker (wied, ) (Entered: 09/21/1998)

AFFIDAVIT of Calvin Shields (wied, ) (Entered: 09/21/1998)

Unsigned AFFIDAVIT of Hal Sider (wied, ) Modified on 09/22/1998 (Entered: 09/21/1998)

AFFIDAVIT of Dale A. Miller (wied, ) (Entered: 09/29/1998)

MOTION by defendant Local 139 Operating Engineers for judgment on the pleadings , or for summary judgment dismissing the complaint in its entirety (wied, ) (Entered: 10/30/1998)

BRIEF by defendant Local 139 Operating Engineers in support of motion for judgment on the pleadings [84−1], of motion for summary judgment dismissing the complaint in its entirety [84−2] (wied, ) (Entered: 10/30/1998)

ORIGINAL Document Re: [92−1] SIGNED Affidavit (wied, )

MOTION by plaintiffs to set briefing schedule (wied, )

CERTIFICATE of Service by plaintiffs (wied, )

Notice of motion and MOTION by plaintiffs' for order pursuant to Rule 30 (b)(7) , and an extension of the discovery deadline (wied, )

AFFIDAVIT of Glen Stoddard (wied, )

CERTIFICATE of Service by plaintiffs' (wied, )

HEARING MINUTES: by Mag Judge Patricia J. Gorence denying motion for order pursuant to Rule 30 (b)(7) [97−1], granting motion an extension of the discovery deadline [97−2], granting motion to set briefing schedule [95−1] the plaintiffs shall file their response to the defendants' motion for judgment on the pleadings by 10/16/98. The pleaintiffs shall file their response to the defendants motion to strike Exhibit A of the plaintiffs' reply brief concerning class certification by 10/24/98; discovery ddl set for 1/29/99 Court Reporter: None (wied, ) (Entered: 10/09/1998)