Case: Gaines v. Boston Herald, Inc.

Gaines v. Boston Herald Inc.

Gaines v. Boston Herald Inc

Complaint filed. Case assigned to Judge: Gertner. Receipt #: 111155 Amount:$ 120.00. (fmr) (Entered: 08/30/1995)

Answer by Boston Herald Inc. to complaint , filed. (fmr) (Entered: 10/25/1995)

Notice of appearance of attorney for David Gaines, Frank Poindexter, John T. Smith, Sean Gillenwater, Edwin M. Torres by Henry F. Owens III, Mary Patricia Hagan, filed. (fmr) (Entered: 11/08/1995)

Judge Nancy Gertner . Notice of Hearing/conference: set scheduling conference for 3:45 12/28/95 . (fmr) (Entered: 11/13/1995)

Joint statement by David Gaines, Frank Poindexter, John T. Smith, Sean Gillenwater, Edwin M. Torres, Boston Herald Inc. for scheduling conference Deadline for filing of all motions 10/1/96 Discovery cutoff 6/28/96 . (fmr) (Entered: 01/02/1996)

Status conference held . (fmr) (Entered: 12/29/1995)

Judge Nancy Gertner . Clerk's Notes: re: status conference:, set Jury trial for 9:30 12/2/96 , set pretrial conference for 2:30 11/20/96 , and set status conference for 2:45 7/2/96 (fmr) (Entered: 12/29/1995)

Motion by David Gaines, Frank Poindexter, John T. Smith, Sean Gillenwater, Edwin M. Torres to certify the class , filed. (fmr) (Entered: 12/29/1995)

Joint statement by David Gaines, Frank Poindexter, John T. Smith, Sean Gillenwater, Edwin M. Torres, Boston Herald Inc. for scheduling conference 10/1/96 . (fmr) (Entered: 01/04/1996)

Memorandum by David Gaines, Frank Poindexter, John T. Smith, Sean Gillenwater, Edwin M. Torres in support of [6 − 1] motion to certify the class , filed. (fmr) (Entered: 02/05/1996)

Motion by David Gaines, Frank Poindexter, John T. Smith, Sean Gillenwater, Edwin M. Torres to substitute one named plaintiff and amend [1 − 1] complaint , filed. (lau) (Entered: 04/02/1996)

Judge Nancy Gertner . Endorsed Order entered granting [10 − 1] motion to substitute one named plaintiff and amend [1 − 1] complaint . cc/cl (sad) (Entered:

Terminated document: mooting [6 − 1] motion to certify the class Requested by mm. (mcm) (Entered: 06/17/1996)

Amended complaint by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres, Samuel Cheatam filed. (Answer due 6/29/96 for Boston Herald Inc. ) . Amended complaint amends [1 − 1] complaint ; . (fmr) (Entered: 06/20/1996)

Joint motion by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres, Boston Herald Inc., Samuel Cheatam to revise pretrial schedule , filed. . (fmr) (Entered: 07/02/1996)

Judge Nancy Gertner . Endorsed Order entered granting [13 − 1] joint motion to revise pretrial schedule, reset discovery due for 7/31/96, July 31, 1996 Deadline for Plaintiff's disclosure of expert witnesses. Aug 30, 1996 deadline for filing requests for admissions, Aug 30, 1996 deadline or defendant's disclosure of expert witnesess. 9/30/96 expert deposition completed. . (fmr) (Entered: 07/02/1996)

Answer by Boston Herald Inc. to amended complaint, filed. (fmr) (Entered: 07/09/1996)

Letter by M. Robert Dushman dated: 7/3/96 to: Maryellen Molloy re: this is to confirm that the conference is reset to 9/10/96 at 3:00 filed. (fmr) (Entered: 07/10/1996)

Motion by Boston Herald Inc. for leave to file brief in excess of twenty page , filed. (fmr) (Entered: 08/02/1996)

Judge Nancy Gertner . Endorsed Order entered granting [16 − 1] motion for leave to file brief in excess of twenty page . (fmr) (Entered: 08/02/1996)

Memorandum by Boston Herald Inc. in opposition to [6 − 1] motion to certify the class , filed. (fmr) (Entered: 08/02/1996)

Appendix/exhibits by Boston Herald Inc. in support of [17 − 1] opposition memorandum , filed. (fmr) (Entered: 08/02/1996)

Motion by Boston Herald Inc. for summary judgment , filed. (fmr) (Entered: 08/06/1996)

Memorandum by Boston Herald Inc. in support of [19 − 1] motion for summary judgment , filed. (fmr) (Entered: 08/06/1996)

Statement of Facts by Boston Herald Inc. re: [19 − 1] motion for summary judgment , filed. (fmr) (Entered: 08/06/1996)

Joint motion by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres, Boston Herald Inc., Samuel Cheatam to extend time to 8/30/96 to respond to mtn for S/J , filed. . (fmr) (Entered: 08/19/1996)

Judge Nancy Gertner . Endorsed Order entered granting [22 − 1] joint motion to extend time to 8/30/96 to respond to mtn for S/J, Response to motion reset to 8/30/96 for [19 − 1] motion for summary judgment . (fmr) (Entered: 08/19/1996)

Memorandum by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres in opposition to [19 − 1] motion for summary judgment , filed. (fmr) (Entered: 09/03/1996)

Motion by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres for partial summary judgment , filed. (fmr) Modified on 09/03/1996 (Entered: 09/03/1996)

Motion by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres for leave to file breif in excess of 15 pages , filed. (fmr) Modified on 09/03/1996

Statement of Facts by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres re: as to which there exist genuine issues to be tried , filed. (fmr) (Entered: 09/03/1996)

Memorandum by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres in support of [24 − 1] motion for partial summary judgment , filed. (fmr) (Entered: 09/03/1996)

Statement of Facts by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres re: not in dispute , filed. (fmr) (Entered: 09/03/1996)

Appendix/exhibits by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres in support of [24 − 1] motion for partial summary judgment , filed. (fmr) (Entered: 09/05/1996)

Notice of withdrawal of counsel by attorney Mary Patricia Hagan for Edwin M. Torres, attorney Mary Patricia Hagan for John T. Smith, attorney Mary Patricia Hagan for Frank Poindexter, attorney Mary Patricia Hagan for David Gaines filed. (fmr) (Entered: 09/06/1996)

Status conference held . (fmr) (Entered: 09/12/1996)

Judge Nancy Gertner . Clerk's Notes: re: Status Conferene:, set status conference for 3:30 9/27/96 Court Reporter: none (fmr) (Entered: 09/12/1996)

Motion by Boston Herald Inc. to extend time to 9/20/96 to to respond to mtn for S.J , filed. (fmr) (Entered: 09/12/1996)

Judge Nancy Gertner . Endorsed Order entered granting [33 − 1] motion to extend time to 9/20/96 to to respond to mtn for S.J, Response to motion reset to 9/20/96 for [24 − 1] motion for partial summary judgment . (fmr) (Entered: 09/12/1996)

Affidavit of Anthony W. Neal , re: in support of the plaintiffs' motion to certify the class, filed. (fmr) (Entered: 09/12/1996)

Motion by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres, Samuel Cheatam as a named plaintiff , filed. (fmr) (Entered: 09/16/1996)

Motion by Boston Herald Inc. to strike [31 − 1] affidavit , filed. (fmr) (Entered: 09/24/1996)

Memorandum by Boston Herald Inc. in opposition to [24 − 1] motion for partial summary judgment , filed. (fmr) (Entered: 09/24/1996)

Affidavit of David St. Mary , re: [35 − 1] motion to strike [31 − 1] affidavit filed. (fmr) (Entered: 09/24/1996)

Memorandum by Boston Herald Inc. in opposition to [28 − 1] statement , filed. (fmr) (Entered: 09/24/1996)

Statement of Facts by Boston Herald Inc NOT IN DISPUTE , filed. (fmr) (Entered: 09/24/1996)

Notice of appearance of attorney for David Gaines, Frank Poindexter, John T. Smith, Sean Gillenwater, Edwin M. Torres by Samantha A. Moppett, filed. (fmr) (Entered: 09/24/1996)

SUPPLEMENTAL Affidavit of Anthony W. Neal , re: [6 − 1] motion to certify the class , filed. (fmr) (Entered: 09/24/1996)

Assented to Motion by David Gaines for lvf to file dfts EEO − 1 reports , filed. (mcm) (Entered: 02/18/1998)

Motion by David Gaines for leave to file 2nd aff of expert witness Craig L. Moore

Affidavit of Henry F. Owens III , re: [38 − 1] opposition memorandum , filed. (fmr) (Entered: 09/30/1996)

Motion by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres to strike [43 − 1] motion , filed. (fmr) (Entered: 09/30/1996)

Memorandum by Boston Herald Inc. in opposition to Plaintiffs' motion for leave to file second affidavit of expert witness in support of plainitfs' motion for partial summary judgment , filed. (fmr) (Entered: 10/15/1996)

Motion hearing re: [24 − 1] motion for partial summary judgment (fmr) (Entered: 10/28/1996)

Judge Nancy Gertner . Clerk's Notes: re: Motion Hearing: [24 − 1] motion for partial summary judgment taken under advisement, [19 − 1] motion for summary judgment taken under advisement, set pretrial conference for 2:30 11/20/96 Court Reporter: Scott NEW TRIAL DATES AS NOT YET BEEN SET (fmr) (Entered: 10/28/1996)

Terminated document: mooting [34 − 1] motion as a named plaintiff mooting [35 − 1] motion to strike [31 − 1] affidavit mooting [43 − 1] motion to strike [43 − 1] motion Requested by MCM. (fmr) (Entered: 04/25/1997)

Notice of withdrawal of counsel by Siu Tip Lam filed. (fmr) (Entered: 10/27/1997)

Case closed. iMemo and Order to issue by 12/5/97. (mcm) (Entered: 12/01/1997)

Letter by Anthony W. Neal dated: 1/14/98 to: Ms. Molloy re: decision on motions filed. (sad) (Entered: 01/16/1998)

Judge Nancy Gertner. Order Certifying Class entered. The following class is provisionally certified under Fed. R. Civ. P. 23 (b) (2): 1. For the Title VII and Mass. Gen. L. Ch. 151B, 4 claims: all Black and Spanish − surnamed applicants for unskilled positions at the Herald who applied between September 2, 1991, and October 15, 1994, and were not hired. 2. For the Section 1981 claim: All Black and Spanish − surnamed applicants for unskilled positions at the Herald who applied between August 29, 1992, and October 15, 1994. SO ORDERED. cc/cl. (mlb) (Entered: 03/31/1998)

Judge Nancy Gertner . Order entered denying [24 − 1] motion for partial summary judgment. Granting Counts I,III,IV,V,VII with repsect to the claims of Frank Poindexter, John T. Smith, and Edwin Torres and with respect to employment practices after 10/15/94, but denied with respect to the claims of David Gaines and with respect to employment practices prior to that date. The defendant's motion for summary judgment on Counts II and VII is allowed [19 − 1] motion for summary judgment. Granting [6 − 1] motion to certify the class as modified by the accompanying order certifying the class. Granting [48 − 1] motion for lvf to file dfts EEO − 1 reports for the years 1992 through 1995. Mooting [49 − 1] motion for leave to file 2nd aff of expert witness Craig L. Moore (aff attached). Denying [35 − 1] motion to strike [31 − 1] affidavit Granting [34 − 1] motion as a named plaintiff. A Status conference will be held on 4/28/98 at 10:00 a.m. Parties will discuss the following: 1. discovery needed for trial and to determine more precisely the parameters of the class; 2. a trial date and trial procedures; and 3. other issues relating to class certification. SO ORDERED. cc/cl. (mlb) (Entered: 04/08/1998)

Judge Nancy Gertner. Memorandum and Order entered. See Order dated 3/30/98 Document #51 and Document #52 for complete details. cc/cl. (mlb) (Entered: 04/08/1998)

Judge Nancy Gertner . Endorsed Order entered mooting [49 − 1] motion for leave to file 2nd aff of expert witness Craig L. Moore (aff attached), granting [48 − 1] motion for lvf to file dfts EEO − 1 reports . (mcm) (Entered: 03/31/1998)

Memorandum by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres, Samuel Cheatam in support of [53 − 1] motion for reconsideration of the Allowance of Summary Judgment and of the Scope of the Class , filed. (mlb) (Entered: 04/09/1998)

Opposition by Boston Herald Inc. to [53 − 1] motion for reconsideration of the Allowance of Summary Judgment and of the Scope of the Class , filed. c/s. (mlb) (Entered: 04/22/1998)

Document #55 sent to chambers (JH) 4/22/98. (mlb) (Entered: 04/22/1998)

Status conference held . (cmg) (Entered: 04/30/1998)

Judge Nancy Gertner . Clerk's Notes: re: status conf. Oral arguments heard. [53 − 1] motion for reconsideration of the Allowance of Summary Judgment and of the Scope of the Class taken under advisement. Parties agree to conclude disocvery by 6/30/98. Motions with respect to class or additional motions by 7/31/98 Fourteen days for oppositions (8/19/98). Hhearing to be set up at end of August. After Summary Judgment is decided, parties have 30 days in which to designate experts and provide report. Trial in November. Parties to set schedule within these paramaters. Give Judge a schedule by 5/8/98. set discovery due for 6/30/98 Court Reporter: Harold Hagopian. (cmg) (Entered: 04/30/1998)

Letter by M. Robert Dushman dated: 5/15/98 to: Ms. Molloy re: confirmation of discovery dates filed. (fmr) (Entered: 05/19/1998)

Judge Nancy Gertner . Endorsed Order entered granting in part, denying in part [53 − 1] motion for reconsideration of the Allowance of Summary Judgment and of the Scope of the Class . (fmr) (Entered: 06/23/1998)

Judge Nancy Gertner . Amended Order entered granting in part, denying in part [53 − 1] motion for reconsideration of the Allowance of Summary Judgment and of the Scope of the Class, denying [24 − 1] motion for partial summary judgment, granting in part, denying in part [19 − 1] motion for summary judgment, granting [6 − 1] motion to certify the class . (fmr) (Entered: 06/23/1998)

Judge Nancy Gertner . Amended Order certifying class entered . (fmr) (Entered: 06/23/1998)

Judge Nancy Gertner . Memorandum and Order entered. granting in part, denying in part [53 − 1] motion for reconsideration of the Allowance of Summary Judgment and of the Scope of the Class (fmr) (Entered: 06/23/1998)

Motion by Boston Herald Inc. for leave to conduct additional discovery plaintiffs do not oppose the motion , filed. (fmr) (Entered: 07/24/1998)

Judge Nancy Gertner . Endorsed Order entered granting [61 − 1] motion for leave to conduct additional discovery as plaintiffs do not oppose. (fmr) (Entered: 07/24/1998)

Motion by Boston Herald Inc. for reconsideration of [58 − 1] order , filed. (fmr) (Entered: 08/04/1998)

Memorandum by Boston Herald Inc. in support of [62 − 1] motion for reconsideration of [58 − 1] order , filed. (fmr) (Entered: 08/04/1998)

Affidavit of Daneil Messing , re: [62 − 1] motion for reconsideration of [58 − 1] order , filed. (fmr) (Entered: 08/04/1998)

Affidavit of David St. Mary , re: [62 − 1] motion for reconsideration of [58 − 1] order , filed. (fmr) (Entered: 08/04/1998)

Assented to Motion by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres to extend time to 9/17/98 to respond to motion for reconsideration , filed. (fmr) (Entered: 09/04/1998)

Memorandum by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres, Samuel Cheatam in opposition to [62 − 1] motion for reconsideration of [58 − 1] order , filed. (fmr) (Entered: 09/21/1998)

Motion by David Gaines, Frank Poindexter, John T. Smith for reconsideration of [60 − 1] memorandum order , filed. (fmr) (Entered: 03/15/1999)

Memorandum by David Gaines, Frank Poindexter, John T. Smith in support of [68 − 1] motion for reconsideration of [60 − 1] memorandum order , filed. (fmr) (Entered: 03/15/1999)

Response by Boston Herald Inc. in opposition to [68 − 1] motion for reconsideration of [60 − 1] memorandum order , filed. (fmr) (Entered: 03/30/1999)

Motion for reconsideration and opposition sent to chambers (fmr) (Entered: 03/30/1999)

Terminated document: terminating [68 − 1] motion for reconsideration of [60 − 1] memorandum order, terminating [62 − 1] motion for reconsideration of [58 − 1] order Requested by Judge Gertner. (fmr) (Entered: 09/29/2000)

Judge Nancy Gertner . Endorsed Order entered denying [68 − 1] motion for reconsideration of [60 − 1] memorandum order without prejudice to refining the classes scope or its appropriateness before trial . [EOD Date 10/10/00] (fmr) (Entered: 10/10/2000)

Judge Nancy Gertner . Endorsed Order entered denying [62 − 1] motion for reconsideration of [58 − 1] order, without prejudice to refining the scope of the class or its appropriateness at the conclusion of discovery . [EOD Date 10/10/00] (fmr) (Entered: 10/10/2000)

Case reopened. (fmr) (Entered: 10/05/2000)

Judge Nancy Gertner . Notice of Hearing/conference: set status conference for 3:15 3/5/01 . (fmr) (Entered: 01/18/2001)

stc cancelled 3/5/01 due to snow storm, clerks office closed. Clerk will reset. (mcm) (Entered: 03/11/2001)

Judge Nancy Gertner . Notice of Hearing/conference: reset status conference for 2:15 5/22/01 . (fmr) (Entered: 03/12/2001)

Judge Nancy Gertner . Clerk's Notes: re: status conference held: issues outstanding − "experts designation" Parties wish to try and settle this case. Case referred to mediation. e (jf) (Entered: 05/31/2001)

Status conference held . (jf) (Entered: 05/31/2001)

Judge Nancy Gertner . Order of reference entered for Alternative Dispute Resolution. Referred to: Judge Mazzone for: mediation (jf) (Entered: 05/31/2001)

Judge A. D. Mazzone . Notice of Hearing/conference: SET ADR Conference for 10:30 10/1/01 . cc/cl. (jf) (Entered: 07/09/2001)

Notice of Lien by Peter A. Johnson and the firm of Lane, Altman &Owens, LLP, filed. c/s. (jf) (Entered: 10/16/2001)

Judge A. D. Mazzone. Notice of Hearing/conference: Set ADR Conference for 2:00 1/31/02 . (docket clerk just received notice to mail on 1/23/02.) Notice sent to counsel. (jf) (Entered: 01/23/2002)

Judge A. D. Mazzone . Notice of Hearing/conference: Set ADR Conference for 2:00 1/31/02 . Notice sent to counsel. (jf) (Entered: 01/28/2002)

Notice of change of address filed by Samantha A. Moppett, Henry F. Owens III by David Gaines, Frank Poindexter, John T. Smith, Edwin M. Torres, Samuel