Case: Hill v. Merrill Gardens LLC

Hill et al v. Merrill Gardens LLC

Hill et al v. Merrill Gardens LLC

Hill et al v. Merrill Gardens LLC

Hill et al v. Merrill Gardens LLC

Hill et al v. Merrill Gardens LLC

Hill et al v. Merrill Gardens LLC

Hill et al v. Merrill Gardens LLC

CLASS ACTION COMPLAINT with Jury Demand against Merrill Gardens Inc (Filing fee $ 150, Receipt #119772) , filed by William Anthony Hill, Elizabeth A Worthman.(lns, ) Additional attachment(s) added on 6/30/2004 (lns, ). (Entered: 06/28/2004)

NOTICE of Appearance by John T Menzie, Shane C Mulholland on behalf of William Anthony Hill, Elizabeth A Worthman (lns, ) (Entered: 06/28/2004)

Summons Issued (2) as to Merrill Gardens Inc. (lns, ) (Entered: 06/28/2004)

Summons Issued as to Merrill Gardens Inc. d/b/a Georgetown Place (FW) on 7/8/04. (kw) (Entered: 07/08/2004)

SUMMONS Returned Executed by William Anthony Hill, Elizabeth A Worthman. Merrill Gardens Inc served on 7/9/2004, answer due 7/29/2004. (Mulholland, Shane) (Entered: 07/13/2004)

SUMMONS Returned Executed by William Anthony Hill, Elizabeth A Worthman. Merrill Gardens Inc served on 7/12/2004, answer due 8/2/2004. (Mulholland, Shane) (Entered: 07/14/2004)

SUMMONS Returned Executed by William Anthony Hill, Elizabeth A Worthman. Merrill Gardens Inc (Highest Ranking Official) served on 7/12/2004, answer due 8/2/2004. (Mulholland, Shane) (Replaces docket entry #5 to show correct pdf attached) Modified on 7/15/2004 (jcp, ). (Entered: 07/14/2004)

SUMMONS Returned Executed by William Anthony Hill, Elizabeth A Worthman. Merrill Gardens Inc (Resident Agent) served on 7/9/2004, answer due 7/29/2004. (Mulholland, Shane) (Replaces docket entry #6 to show correct pdf attached) Modified on 7/15/2004 (jcp, ). (Entered: 07/14/2004)

NOTICE of Appearance by Kathleen Marie Anderson on behalf of Merrill Gardens Inc (Anderson, Kathleen) (Entered: 07/20/2004)

NOTICE of Appearance by Tiffany L Gooden on behalf of Merrill Gardens Inc (Gooden, Tiffany) (Entered: 07/20/2004)

AGREED NOTICE to extend time to file answer filed by Merrill Gardens Inc ; answer due by August 30, 2004. (Gooden, Tiffany) (Entered: 07/20/2004)

ORDER Rule 16 Preliminary Pretrial Conference set for 9/1/2004 11:00 AM in Fort Wayne before Magistrate Judge Roger B Cosbey.Signed by Judge Roger B Cosbey on 7/22/04. Counsel are advised that the Court will be addressing with them "class cousnel issues" as set forth in Fed. R.,Civ. P.23(g).(wsy) (Entered: 07/22/2004)

Remark: The previous entry was deleted for failure to attach document. (wsy) (Entered: 07/22/2004)

CERTIFICATE /Attorney-Client Certification . (Anderson, Kathleen) (Entered: 08/02/2004)

REPORT of Rule 26(f) Planning Meeting. (Anderson, Kathleen) (Entered: 08/26/2004)

CERTIFICATE Attorney Certification (William Anthony Hill) . (Mulholland, Shane) (Entered: 08/27/2004)

Defendant's ANSWER to 1 Complaint and Affirmative Defenses to Plaintiffs' Class Action Complaint by Merrill Gardens Inc.(Gooden, Tiffany) (Entered: 08/30/2004)

Minute Entry for proceedings held before Judge Roger B Cosbey : Preliminary Pretrial Conference held on 9/1/2004. Mr. Hill, Mr. Menzie and Mr. Mulholland appear in person. Ms. Anderson, Ms. Gooden and defendant representative appear in person. The Report is approved. Discovery is opened as to the Class Certification issues only. An affidavit of Ms. Worthman regarding her non-appearance at today's conference is due within 10 days. Counsel agree to select a mediator within 7 days. A Motion for class certification will be filed 30 days after discovery thereon is completed with a response time of 30 days and a reply time of 15 days. Any trial date is deferred until afte rht eCourt rules on class certification. (Tape #54) (wsy) (Entered: 09/01/2004)

DISCLOSURE of Corporate filed by Merrill Gardens Inc.(Gooden, Tiffany) (Entered: 09/01/2004)

NOTICE re selection of William Sweet as mediator, filed by pltfs (W. Sweet added to case as mediator)(lrm, ) (Entered: 09/13/2004)

MOTION for Extension of Time to File Affidavit by Plaintiff Elizabeth A Worthman. (Attachments: # 1 Exhibit "B")(Mulholland, Shane) (Entered: 09/15/2004)

NOTICE OF MANUAL FILING of Motion for Extension of Time in Which to File Affidavit of Elizabeth A. Worthman by Elizabeth A Worthman (Mulholland, Shane) (Entered: 09/15/2004)

ORDER granting 21 Motion for Extension of Time to File Affidavit explaining absence at the scheduling conference to and including September 29, 2004. No further order will enter. (wsy) (Entered: 09/16/2004)

Second MOTION for Extension of Time to File Affidavit of Elizabeth A. Worthman by Plaintiff Elizabeth A Worthman. (Mulholland, Shane) (Entered: 09/29/2004)

NOTICE OF MANUAL FILING of Exhibits "A"-"C" under Seal by Elizabeth A Worthman (Mulholland, Shane) (Entered: 09/29/2004)

ORDER re 24 Second MOTION for Extension of Time to File Affidavit of Elizabeth A. Worthman filed by Elizabeth A Worthman. A Motion Hearing is set for 10/4/2004 03:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. Counsel to be personally present. (wsy) (Entered: 09/30/2004)

Minute Entry for proceedings held before Judge Roger B Cosbey : Counsel appear as directed. AMotion Hearing is held on 10/4/2004 re 24 Second MOTION for Extension of Time to File Affidavit of Elizabeth A. Worthman, filed by Elizabeth A Worthman. The Court hears from counsel. A separate order will enter as to the Court's findings. (Tape #56) (wsy) (Entered: 10/04/2004)

ORDER TO SHOW CAUSE, granting 24 Second MOTION for Extension of Time to File Affidavit of Elizabeth A. Worthman filed by Elizabeth A Worthman. Response to Order to Show Cause/Affidavit due by 10/21/2004. Signed by Judge Roger B Cosbey on 10/4/2004. (lns, ) (Entered: 10/05/2004)

NOTICE by Elizabeth A Worthman re 28 Order to Show Cause, Terminate Motions,, Concerning Affidavit (Mulholland, Shane) (Entered: 10/21/2004)

NOTICE by Merrill Gardens Inc of Supplemental Corporate Disclosure Statement (Gooden, Tiffany) (Entered: 01/07/2005)

MINUTE ORDER Status Conference set for 3/9/2005 01:00 PM in Fort Wayne before Magistrate Judge Roger B Cosbey. The Court will discuss at the hearing the setting of this case for a settlement conference with all other cases where Merrill Gardens is the named defendant. No pdf order to follow. (wsy) (Entered: 02/01/2005)

NOTICE by Merrill Gardens Inc of Agreed Enlargement of Time (Gooden, Tiffany) (Entered: 02/25/2005)

MOTION for client representative, Michelle Corey, to participate in status conference by telephone by Defendant Merrill Gardens Inc. (Gooden, Tiffany) (Entered: 02/25/2005)

ORDER granting 33 Motion for client representative, Michelle Corey, to participate in status conference by telephone by Defendant Merrill Gardens Inc . Signed by Judge Roger B Cosbey on 2/28/2005. (lns, ) (Entered: 02/28/2005)

Joint MOTION for Extension of Time to Complete Discovery on Class Certification by Defendant Merrill Gardens Inc. (Anderson, Kathleen) (Entered: 03/01/2005)

ORDER granting 35 Joint Motion for Extension of Time to Complete Discovery on Class Certification until 5/29/2005 filed by Defendant and Plaintiffs. Signed by Judge Roger B Cosbey on 3/2/2005. (lns, ) (Entered: 03/02/2005)

Minute Entry for proceedings held before Judge Roger B Cosbey : Settlement Conference held on 3/9/2005. A further settlement conference is set for 4/18/05 at 9am. (wsy) (Entered: 03/09/2005)

Minute Entry for proceedings held before Judge Roger B Cosbey : Preliminary Pretrial Conference held on 3/9/2005. All proceedings are STAYED until further order of the Court with the exception of informal discovery as it relates to settlement. Defendants response to any outstanding discovery is also stayed, the date to respond, if any, to be reset by further order.Settlement Conference set for 4/18/2005 09:00 AM in Fort Wayne before Magistrate Judge Roger B Cosbey. No further deadlines are established.(Tape #68) (wsy) (Entered: 03/09/2005)

SCHEDULING ORDER: Settlement Conference set for 4/18/2005 09:00 AM in Fort Wayne before Magistrate Judge Roger B Cosbey.Signed by Judge Roger B Cosbey on 3/9/05. (wsy) (Entered: 03/09/2005)

Minute Entry for proceedings held before Judge Roger B Cosbey : Settlement Conference held on 4/18/2005. No Notice of Settlement will be submitted at this time. (wsy) Modified on 4/19/2005 (wsy, ). (Entered: 04/19/2005)

ORDER Status Conference set for 5/4/2005 08:30 AM in Fort Wayne before Magistrate Judge Roger B Cosbey. No pdf order will follow. (wsy) (Entered: 04/19/2005)

Minute Entry for proceedings held before Judge Roger B Cosbey : Status Conference held on 5/4/2005. (Tape #70) (wsy) (Entered: 05/04/2005)

ENTRY FOR JUDGE THERESA L SPRINGMANN re [42] Status Conference. Settlement documents and proposed notices are to be submitted to Judge Springmann by 5/17/2005. Telephonic Status Conference set for 5/20/2005 04:00 PM in Fort Wayne before Judge Theresa L Springmann to be held in conjunction with case 1:05CV004TLS. (jjj) (Entered: 05/04/2005)

MOTION to Certify Class by Plaintiffs William Anthony Hill, Elizabeth A Worthman. (Mulholland, Shane) (Entered: 05/20/2005)

MEMORANDUM in Support of 44 MOTION to Certify Class filed by William Anthony Hill, Elizabeth A Worthman. (Mulholland, Shane) (Entered: 05/20/2005)

TELEPHONE STATUS CONFERENCE held on 5/20/2005 before Judge Theresa L Springmann: Status Conference in conjunction with case 1:05CV004TLS regarding preliminary approval of 44 MOTION to Certify Class. Pltf attys Muholland, Bird; Dft atty Anderson present. Court GRANTS Dft oral Motion to Amend Docket to Reflect Dft name Merrill Gardens LLC. Stipulated Order granting Preliminary approval to be submitted by 6/3/2005. Telephonic Status Conference set for 6/3/2005 01:30 PM in Fort Wayne before Judge Theresa L Springmann. IN- PERSON Hearing to be held on 9/9/2005 at 09:00 AM at Fort Wayne before Judge Theresa L Springmann re objections/final approval. (Court Reporter T. Gallucci.) (jjj) (Entered: 05/26/2005)

ENTRY FOR JUDGE THERESA L SPRINGMANN. Telephonic Status Conference RESET (in conjunction with cause 1:05CV004TLS) for 6/8/2005 01:30 PM in Fort Wayne before Judge Theresa L Springmann at request and agreement of counsel to review revised documents. (jjj) (Entered: 06/06/2005)

Joint STIPULATION for Addition of Additional Plaintiff by Defendant Merrill Gardens LLC, Plaintiffs William Anthony Hill, Elizabeth A Worthman. (Mulholland, Shane) (Entered: 06/08/2005)

STIPULATION /Stipulated Order Granting Preliminary Approval to Class Action Settlement, Conditional Class Certification, and Proposed Consent Decree by Defendant Merrill Gardens LLC. (Attachments: # 1 Exhibit A-1 to A-3# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Anderson, Kathleen) (Entered: 06/08/2005)

ORDER granting 48 Joint STIPULATION for Addition of Additional Plaintiff filed by William Anthony Hill, Elizabeth A Worthman, Merrill Gardens LLC. Golda Bailey rep by Shane C Mulholland, John T Menzie added . Signed by Judge Theresa L Springmann on 6/8/2005. (lns, ) (Entered: 06/09/2005)

ORDER granting 50 Stipulation/Stipulated Order Granting Preliminary Approval to Class Action Settlement, Conditional Class Certification, and Proposed Consent Decree by Defendant Merrill Gardens LLC . Signed by Judge Theresa L Springmann on 6/16/2005. (lns, ) (Entered: 06/20/2005)

RECEIPT of Statement from Alexis Smith re settlement. (lns) (Entered: 08/23/2005)

RECEIPT of Objection Letter from Marcus E Mitchell Sr re settlement. (lns) (Entered: 08/24/2005)

RECEIPT of Objection re settlement from Rodney Woods. (lns) (Entered: 08/24/2005)

RECEIPT of Letter from Anitera Fowler re settlement. (lns) (Entered: 08/26/2005)

RECEIPT of Letter from Lawrence T Brooks re settlement. (lns) (Entered: 08/29/2005)

RECEIPT of Objection by Atty Edward Smith obo Vickie M Hill re proposed settlement. (lns) (Entered: 08/29/2005)

RECEIPT of Letter from Elmo R Portee Jr re proposed settlement. (lns) (Entered: 08/30/2005)

AFFIDAVIT of Cindy L. Harrison by Merrill Gardens LLC. (Attachments: # 1 Exhibit A-F)(Anderson, Kathleen) (Entered: 09/01/2005)

RECEIPT of Letter from Robert Warren Hagler Jr re settlement. (lns) (Entered: 09/02/2005)

ENTRY FOR JUDGE THERESA L SPRINGMANN. Telephonic Status Conference set for 9/8/2005 11:00 AM in Fort Wayne before Judge Theresa L Springmann re 9/9/2005 Hearing. (Entered: 09/07/2005)

RECEIPT of Letter from Tony Lamar Robertson re proposed settlement. (lns) (Entered: 09/08/2005)

RECEIPT of Letter from Robert L Guy Jr re proposed settlement. (lns) (Entered: 09/08/2005)

FAIRNESS HEARING held before Judge Theresa L Springmann on 9/9/2005; pltfs by Atty J. Menzie, Atty S. Mulholland, Atty K. Bird, Atty M. Eisele, EEOC rep M. Guest, unnamed class rep G. Bailey; defts by Atty K. Anderson, Atty T. Gooden, and party reps D. Manning and B. Bowman; court hears testimony from parties having filed objections to proposed class settlement/non-inclusion in class; court calls for testimony of objectors A. Smith, L. Brooks, A. Fowler, R. Hughes, E. Portee, but those individuals are not present; court will consider the written submissions of those parties; EEOC presents evidence; court hears from G. Bailey obo the Unknown Class; court hears from S. Mulholland obo W. Hill, representative of named class, obo named class; court grants final approval of S. Mulholland and J. Menzie to act as class counsel; class counsel request that G. Bailey as rep of unknow class be compensated; cnsl to confer re that possibility; matter of final approval of proposed class settlement TAKEN UNDER ADVISEMENT; counsel to submit revised form of final order of approval; time frame for this submission to be addressed at a TELE CONF set for 9/12/05, 2:00 p.m. before Judge Theresa L Springmann. (Court Reporter Tina Gallucci.) (lrm) (Entered: 09/09/2005)

TELEPHONE STATUS CONFERENCE held before Judge Theresa L Springmann. Pltfs' attys Mulholland, Bird; Dft atty Anderson present. Court to receive proposed order by 9/15/2005 12:00 PM. Final Briefing of general issues by 9/22/2005. (Court Reporter T. Gallucci.) (jjj) (Entered: 09/13/2005)

RECEIPT of supplemental letter re 63 Receipt of Letter from Tony Robertson re proposed settlement. (lns) (Entered: 09/21/2005)

ENTRY FOR JUDGE THERESA L SPRINGMANN - Telephone Conference set for 9/23/2005 09:45 AM in Fort Wayne before Judge Theresa L Springmann regarding notification. (jjj) (Entered: 09/23/2005)

TELEPHONE CONFERENCE held before Judge Theresa L Springmann. Pltfs' attys Menzie, Bird; Dft attys Anderson, Gooden present. Cnsl advised Court as to notification issues. Pltf to mail notification by 9/23/2005 COB with response ddl. Recipient Response to be filed by 9/29/2005. Court to receive notice of status by 9/30/2005. (Court Reporter T. Galucci.) (jjj) (Entered: 09/23/2005)

RECEIPT of Letter from Roszetta Clark re settlement proposal. (received from Atty John Menzie). (lns) (Entered: 10/05/2005)

OPINION AND ORDER granting Final Approval to Class Action Settlement, Entry of Final Judgment, and Entering Consent Decree. Court orders entry of final judgment of dismissal w/prejudice as outlined in this Order.Signed by Judge Theresa L Springmann on 10/6/2005. (lns) Modified on 10/6/2005 (lns).

CLERK'S ENTRY OF JUDGMENT. (lns) (Entered: 10/06/2005)

OPINION AND ORDER granting Final Approval to Class Action Settlement, Entry of Final Judgment, and Entering Consent Decree. Court orders entry of final judgment of dismissal w/prejudice as outlined in this Order.Signed by Judge Theresa L Springmann on 10/6/2005. (lns) Modified on 10/6/2005 (lns).

SETTLEMENT AGREEMENT by Merrill Gardens LLC. (Anderson, Kathleen) (Entered: 10/28/2005)

STATUS REPORT Joint Verified Final Report and Request for Approval by Golda Bailey, William Anthony Hill. (Attachments: # 1 Exhibit "A")(Mulholland, Shane) (Entered: 04/04/2006)