Case: Thornton v. National Railroad Passenger Corporation (Amtrak)

Thornton v. National Railroad Passenger Corporation

Thornton v. National Railroad Passenger Corporation

Thornton v. National Railroad Passenger Corporation

Thornton v. National Railroad Passenger Corporation

Thornton v. National Railroad Passenger Corporation

Thornton v. National Railroad Passenger Corporation

Thornton v. National Railroad Passenger Corporation

COMPLAINT filed by plaintiff JAMES THORNTON, plaintiff HAKIM N. ABDULLAH, plaintiff SHEILA BUCHANAN, plaintiff HENRY CRAWFORD, plaintiff ALEXANDER FITZGERALD, plaintiff JAMES W. FLETCHER, plaintiff OTIS HARGROVE, plaintiff JAMES − JACKSON, plaintiff DENNIS MORGAN, plaintiff JEFFREY PLUMMER, plaintiff PA FEDERATION; jury demand (tth) (Entered: 04/10/1998)

SUMMONS (1) issued for defendant NATL. RAILROAD PASS. (tth) (Entered: 04/10/1998)

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 4/10/98 upon defendant NATL. RAILROAD PASS. (bjsp) (Entered: 04/16/1998)

MOTION filed by defendant NATL. RAILROAD PASS. to dismiss complaint [1−1] , and for more definite statement (tth) (Entered: 04/30/1998)

RESPONSE by plaintiff JAMES THORNTON, plaintiff HAKIM N. ABDULLAH, plaintiff SHEILA BUCHANAN, plaintiff HENRY CRAWFORD, plaintiff ALEXANDER FITZGERALD, plaintiff JAMES W. FLETCHER, plaintiff OTIS HARGROVE, plaintiff JAMES − JACKSON, plaintiff DENNIS MORGAN, plaintiff JEFFREY PLUMMER, plaintiff PA FEDERATION in opposition to motion to dismiss complaint [1−1] [3−1] by NATL. RAILROAD PASS., motion for more definite statement [3−2] by NATL. RAILROAD PASS. . ; exhibits (1) (bjsp) (Entered: 05/14/1998)

ORDER by Judge Emmet G. Sullivan : Initial Status Conference set for 10:00 6/10/98 . Meet Confer Statement due 6/1/98 . (N) (clv) (Entered: 05/18/1998)

REPLY by defendant NATL. RAILROAD PASS. in support of AMTRAK's motion to dismiss complaint [1−1] [3−1] by NATL. RAILROAD PASS., motion for more definite statement [3−2] by NATL. RAILROAD PASS. (bjsp) (Entered: 05/21/1998)

MOTION filed by plaintiff JAMES THORNTON, plaintiff HAKIM N. ABDULLAH, plaintiff SHEILA BUCHANAN, plaintiff HENRY CRAWFORD, plaintiff ALEXANDER FITZGERALD, plaintiff JAMES W. FLETCHER, plaintiff OTIS HARGROVE, plaintiff JAMES JACKSON, plaintiff DENNIS MORGAN, plaintiff JEFFREY PLUMMER for leave to file surreply EXHIBIT Surreply (bjsp) (Entered: 06/02/1998)

ORDER by Judge Emmet G. Sullivan :granting plaintiff's oral motion to file surreply to the motion to dismiss and motion for a more definite statement; (N) (clv) (Entered: 06/01/1998)

ORDER by Judge Emmet G. Sullivan : motion hearing set for 10:00 6/10/98 ; (N) (clv) (Entered: 06/01/1998)

SURREPLY by plaintiff JAMES THORNTON, plaintiff HAKIM N. ABDULLAH, plaintiff SHEILA BUCHANAN, plaintiff HENRY CRAWFORD, plaintiff ALEXANDER FITZGERALD, plaintiff JAMES W. FLETCHER, plaintiff OTIS HARGROVE, plaintiff JAMES JACKSON, plaintiff DENNIS MORGAN, plaintiff JEFFREY PLUMMER to motion to dismiss complaint [1−1] [3−1] by NATL. RAILROAD PASS., motion for more definite statement [3−2] by NATL. RAILROAD PASS. (bjsp) (Entered: 06/02/1998)

RESPONSE (OPPOSITIONS) by defendant NATL. RAILROAD PASS. to motion for leave to file surreply [10−1] by plaintiff (bjsp) (Entered: 06/02/1998)

MEET AND CONFER STATEMENT/REPORT PURSUANT TO L.R. 206(d) (JOINT) filed by plaintiff JAMES THORNTON, plaintiff HAKIM N. ABDULLAH, plaintiff SHEILA BUCHANAN, plaintiff HENRY CRAWFORD, plaintiff ALEXANDER FITZGERALD, plaintiff JAMES W. FLETCHER, plaintiff OTIS HARGROVE, plaintiff JAMES JACKSON, plaintiff DENNIS MORGAN, plaintiff JEFFREY PLUMMER, plaintiff PA FEDERATION, defendant NATL. RAILROAD PASS. . (bjsp) (Entered: 06/02/1998)

STATUS HEARING before Judge Emmet G. Sullivan: status hearing set for 10:00 7/31/98; Oral motion for leave to file amended complaint was heard and granted, amended complaint due date 6/24/98, Reporter: Frank Rangus (lpp) (Entered: 06/10/1998)

ORDER by Judge Emmet G. Sullivan : plaintiff's are granted leave to file amended complaint by 6/24/98; denying motion for more definite statement [3−2] by NATL. RAILROAD PASS.; plaintiff's are granted to serve their first request for production of ducuments on defendant by 6/29/98; defendant's answer due by 7/14/98; status hearing set for 10:00 7/31/98 ; Tele−conference set for 10:00 6/29/98 (N) (clv) (Entered: 06/15/1998)

OPINION AND ORDER by Judge Emmet G. Sullivan : granting motion of deft. to dismiss pltfs' claims under Title VI; dismissing with prejudice claims of pltf. under Title VI; denying motion of deft. to dismiss pltf's claims under Title VII [1−1] [3−1] (N) (jaw) (Entered: 06/24/1998)

AMENDED COMPLAINT by plaintiff JAMES THORNTON, plaintiff HAKIM N. ABDULLAH, plaintiff SHEILA BUCHANAN, plaintiff HENRY CRAWFORD, plaintiff ALEXANDER FITZGERALD, plaintiff JAMES W. FLETCHER, plaintiff OTIS HARGROVE, plaintiff JAMES JACKSON, plaintiff DENNIS MORGAN, plaintiff JEFFREY PLUMMER, plaintiff PA FEDERATION adding , and amending complaint [1−1] .; jury demand (lkn) (Entered: 06/25/1998)

SUMMONS NOT ISSUED. (lkn) (Entered: 06/25/1998)

TELECONFERENCE in chambers before Judge Emmet G. Sullivan : Reporter: Not Reported (jaw) (Entered: 06/29/1998)

ATTORNEY APPEARANCE for plaintiffs by Timothy Brian Fleming (st) (Entered: 07/09/1998)

ORDER by Judge Emmet G. Sullivan : dismissing with prejudice plaintiff's Title VI claim; (N) (clv) (Entered: 07/14/1998)

STIPULATION filed and fiated by Judge Emmet G. Sullivan regarding extension of time to 7/21/98 for deft AMTRAK to answer or otherwise respond to the complaint. (N) (jaw) (Entered: 07/17/1998)

ORDER by Judge Emmet G. Sullivan : extending time to 7/21/98 to answer first amended complaint complaint [15−1] by deft NATL. RAILROAD PASS. (N) (jaw) (Entered: 07/17/1998)

MOTION filed by defendant NATL. RAILROAD PASS. to dismiss claims of plaintiffs ABDULLAH, HARGROVE, PLUMMER, SELBY and JOHNSON ; attachments (3) (tw) (Entered: 07/22/1998)

ANSWER TO AMENDED COMPLAINT [15−1] by defendant NATL. RAILROAD PASS. (tw) (Entered: 07/22/1998)

MOTION filed by defendant NATL. RAILROAD PASS. to extend time to respond to plaintiff's first set of requests to defendant for production of documents ; exhibit (1) (tw) (Entered: 08/04/1998)

STATUS HEARING before Judge Emmet G. Sullivan : parties to submit a report to Court by 8/6/98, noon; the case will be referred to Magistrate Judge Kay for mediation/settlement discussion; further status hearings are set for 10:00 am on 9/2/98, 10/1/98, 11/4/98 and 12/2/98; the parties are directed to report to Magistrate Judge Kay at 3:00 pm on 8/21/98. Reporter: Frank Rangus (mon) (Entered: 07/31/1998)

CASE REFERRED to Magistrate Judge Alan Kay for mediation and settlement discussions (ldc) (Entered: 08/05/1998)

MOTION filed by plaintiff for leave to file second amended complaint ; EXHIBIT (amended complaint) (tw) (Entered: 08/05/1998)

MEMORANDUM by plaintiffs in opposition to defendant's motion to dismiss claims of plaintiffs ABDULLAH, HARGROVE, SELBY and JOHNSON [20−1] by NATL. RAILROAD PASS. (tw) Modified on 08/05/1998 (Entered: 08/05/1998)

MEMORANDUM by plaintiffs in support of motion for leave to file second amended complaint [23−1] by plaintiff (tw) (Entered: 08/05/1998)

RESPONSE by plaintiffs in opposition to defendant's motion to extend time [22−1]; attachments (10) (tw) (Entered: 08/06/1998)

SCHEDULING ORDER by Judge Emmet G. Sullivan with instruction to counsel regarding discovery, hearing before Magistrate Judge Kay is scheduled for 8/21/98 at 3:00 p.m.; status hearing scheduled for 9/2/98 10:00; October 1, 1998 at 10:00, November 4, 1998 at 10:00; December 2, 1998 at 10:00; (N) (clv) (Entered: 08/12/1998)

RESPONSE by defendant NATL. RAILROAD PASS. to motion for leave to file second amended complaint [23−1] by plaintiff (st) (Entered: 08/13/1998)

REPLY by defendant NATL. RAILROAD PASS. to response to motion to dismiss claims of plaintiffs ABDULLAH, HARGROVE, PLUMMER, SELBY and JOHNSON [20−1] by NATL. RAILROAD PASS. (st) (Entered: 08/13/1998)

REPLY by defendant NATL. RAILROAD PASS. to response to motion to extend time to respond to plaintiff's first set of requests to defendant for production of documents [22−1] by NATL. RAILROAD PASS. (st) (Entered: 08/13/1998)

ORDER by Judge Emmet G. Sullivan : granting motion to extend time to respond to plaintiff's first set of requests to defendant for production of documents [22−1] by NATL. RAILROAD PASS. (N) (clv) (Entered: 08/16/1998)

RESPONSE by defendant NATL. RAILROAD PASS. to plaintiffs' first set of requests to defendant for production of documents (JMF) (Entered: 08/24/1998)

STATUS HEARING before Judge Emmet G. Sullivan: next status hearing remains set for 10:00 10/1/98. Reporter: Vernell Marshall (mlp) (Entered: 09/02/1998)

ORDER by Judge Emmet G. Sullivan : granting motion for leave to file second amended complaint [23−1] by plaintiff (N) (jaw) (Entered: 09/02/1998)

ORDER by Judge Emmet G. Sullivan : granting motion for leave to file second amended complaint; granting motion to dismiss as to the Title VII claims of plaintiffs ABDULLAH, HARGROVE, PLUMMER, SELBY and JOHNSON [20−1] by NATL. RAILROAD PASS. (N) (jaw) (Entered: 09/02/1998)

AMENDED COMPLAINT by plaintiff JAMES THORNTON, plaintiff HAKIM N. ABDULLAH, plaintiff SHEILA BUCHANAN, plaintiff HENRY CRAWFORD, plaintiff ALEXANDER FITZGERALD, plaintiff JAMES W. FLETCHER, plaintiff OTIS HARGROVE, plaintiff JAMES JACKSON, plaintiff DENNIS MORGAN, plaintiff JEFFREY PLUMMER, plaintiff PA FEDERATION adding plaintiff CORNELL THOMAS, THOMAS REED JOHNSON, MICHAEL D. SELBY, and amending complaint [1−1] .; jury demand (tw) (Entered: 09/03/1998)

ATTORNEY APPEARANCE for defendant NATL. RAILROAD PASS. by Carol Ann Buckley (mlp) (Entered: 09/08/1998)

ATTORNEY APPEARANCE for plaintiffs by Warren Kadish Kaplan (mlp) (Entered: 09/08/1998)

ATTORNEY APPEARANCE for plaintiffs by Jay Ashton Stewart (mlp) (Entered: 03/25/1999)

ANSWER TO AMENDED COMPLAINT [36−1] by defendant NATL. RAILROAD PASS. (lkn) (Entered: 09/25/1998)

SCHEDULING NOTICE: status hearing set for 10:00 11/20/98 ; before Judge Emmet G. Sullivan . (clv) (Entered: 09/30/1998)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 10:00 11/4/98 ; counsel to submit names of possible mediators by 10/8/98; status hearing could turn into a telephone conference; OTBP; Reporter: Frank Rangus (clv) (Entered: 10/01/1998)

MOTION filed by plaintiff for Maia R. Caplan to appear pro hac vice ( SPRENGER &LANG DC, PLLC 1614 Twentieth Street, NW, Washington, DC 20009−1001, (202) 265−8010) (tw) (Entered: 10/02/1998)

ORDER by Judge Emmet G. Sullivan : granting motion for Maia R. Caplan to appear pro hac vice ( SPRENGER &LANG DC, PLLC 1614 Twentieth Street, NW, Washington, DC 20009−1001, (202) 265−8010) [40−1] by plaintiff (N) (clv) (Entered: 10/06/1998)

CASE referral ended Magistrate Judge Alan Kay (lpp) (Entered: 11/19/1998)

RESPONSE by plaintiff to order dated 10/06/98 [41−1] (JMF) (Entered: 10/14/1998)

ORDER by Judge Emmet G. Sullivan : with instruction to counsel; (N) (clv) (Entered: 10/22/1998)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 9:30 12/4/98 ; Reporter: Frank Rangus (clv) (Entered: 11/04/1998)

ORDER by Judge Emmet G. Sullivan :providing instruction to counsel; (N) (clv) (Entered: 11/09/1998)

PROTECTIVE ORDER by Judge Emmet G. Sullivan ; setting forth procedures for handling confidential material; allowing designated material to be filed under seal. (N) (clv) (Entered: 11/25/1998)

ORDER by Judge Emmet G. Sullivan : status hearing set for 10:00 1/6/99 ; (N) (clv) (Entered: 12/09/1998)

STATUS HEARING before Judge Emmet G. Sullivan :counsel to submit order; Reporter: Frank Rangus (clv) (Entered: 01/06/1999)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 10:00 4/7/99 ; Reporter: Frank Rangus (clv) (Entered: 03/03/1999)

NOTICE OF CHANGE OF ADDRESS by Avis E Buchanan representing plaintiff JAMES THORNTON, plaintiff HAKIM N. ABDULLAH, plaintiff SHEILA BUCHANAN, plaintiff HENRY CRAWFORD, plaintiff ALEXANDER FITZGERALD, plaintiff JAMES W. FLETCHER, plaintiff OTIS HARGROVE, plaintiff JAMES JACKSON, plaintiff DENNIS MORGAN, plaintiff JEFFREY PLUMMER, plaintiff PA FEDERATION, plaintiff CORNELL THOMAS, plaintiff THOMAS REED JOHNSON, plaintiff MICHAEL D. SELBY . New address: WASHINGTON LAWYERS COMMITTE, 11 DUPONT CIRCLE, NW SUITE 400 WASHINGTON, DC 20036 (202) 319−1000. (bjsp) (Entered: 04/01/1999)

ATTORNEY APPEARANCE for defendant NATL PASS RR CORP by Thomas Edward Reinert Jr. (tw) (Entered: 04/01/1999)

STATUS REPORT (joint) by plaintiffs and defendants (tw) (Entered: 04/01/1999)

ORDER by Judge Emmet G. Sullivan :cancelling the status hearing scheduled for 4/7/99; (N) (clv) (Entered: 04/08/1999)

STATUS REPORT by plaintiff, defendant, plaintiff (st) (Entered: 05/03/1999)

STATUS HEARING before Judge Emmet G. Sullivan: Status hearing set for 10:00 a.m. on 9/1/99; Fairness Hearing set for 9:00 a.m. on 10/25/99. Vacate status hearing set for 7/7/99. Reporter: Off the record (gdf) (Entered: 07/02/1999)

SCHEDULING NOTICE: status hearing set for 9:00 10/6/99 ; before Judge Emmet G. Sullivan . (clv) (Entered: 09/01/1999)

STATUS HEARING before Judge Emmet G. Sullivan : held status hearing set for 10:00 11/10/99 ; Reporter: Frank Rangus (lpp) (Entered: 10/06/1999)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 10:00 1/12/00 ; Reporter: Frank Rangus (clv) (Entered: 11/10/1999)

ORDER by Judge Emmet G. Sullivan : status hearing set for 10:00 1/12/00; ; that the parties appear for monthly status conferences to be held on the first Wednesday of each month at 10:00 a.m. beginning in February 2000, with the exception of August, 2000, during which the Court will hold no status conference. (N) (dam) (Entered: 11/26/1999)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 9:00 2/2/00 ; Reporter: Frank Rangus (clv) (Entered: 01/12/2000)

JOINT MOTION by plaintiffs and defendants for order preliminarily approving consent decree and directing notice to class members ; exhibits (5) (bjsp) (Entered: 04/03/2000)

STATUS HEARING before Judge Emmet G. Sullivan : status hearing set for 9:00 6/21/00 ; chambers to submit order; Reporter: Frank Rangus (clv) (Entered: 04/05/2000)

ORDER by Judge Emmet G. Sullivan : granting joint motion for order preliminarily approving consent decree and directing notice to class members [55−1] by plaintiffss, defendant, plaintiff motion hearing set for 9:00 6/21/00 ; (N) (clv) (Entered: 04/19/2000)

TRANSCRIPT filed for date(s) of April 5, 2000. Reporter: Frank J. Rangus (tw) (Entered: 05/10/2000)

TRANSCRIPT filed for date(s) of March 3, 1999. Reporter: Frank J. Rangus (tw) (Entered: 05/10/2000)

MOTION filed by plaintiff for order for final approval of consent decree (tb) (Entered: 06/19/2000)

STATUS HEARING before Judge Emmet G. Sullivan : case is settled; OTBP; Reporter: Frank Rangus (clv) (Entered: 06/21/2000)

ORDER by Judge Emmet G. Sullivan (fiat)approing joint motion for order preliminarily approving consent decree and directing notice to class members; (N) (clv) (Entered: 06/21/2000)

CONSENT DECREE by plaintiff JAMES THORNTON, plaintiff HAKIM N. ABDULLAH, plaintiff SHEILA BUCHANAN, plaintiff HENRY CRAWFORD, plaintiff ALEXANDER FITZGERALD, plaintiff JAMES W. FLETCHER, plaintiff OTIS HARGROVE, plaintiff JAMES JACKSON, plaintiff DENNIS MORGAN, plaintiff JEFFREY PLUMMER, plaintiff PA FEDERATION, defendant NATL PASS RR CORP, plaintiff CORNELL THOMAS, plaintiff THOMAS REED JOHNSON, plaintiff MICHAEL D. SELBY; APPROVED JUDGE EMMET G. SULLIVAN (clv) (Entered: 06/21/2000)

ADMINISTRATIVE ORDER NO. 1 by Judge Emmet G. Sullivan : (N) (clv) (Entered: 06/21/2000)

ORDER by Judge Emmet G. Sullivan : for final approval of consent decree; (N) (clv) (Entered: 06/21/2000)

Tele−conference status hearing set for 9:00 6/30/00 so that the Court can hear comments, favorable or otherwise, concerning the settlement ; before Judge Emmet G. Sullivan (clv) (Entered: 06/27/2000)

NOTICE TO THE PARTIES by Judge Emmet G. Sullivan :correspondence received in chambers, these will be addressed at the 6/30/00 9:00 hearing; (N) (clv) (Entered: 06/27/2000)

ORDER by Judge Emmet G. Sullivan: that Mr. Alfonzo N. Plant, Sr. request to vacate the Consent Decree is denied without any prejudice whatsoever to whatever remedies may be available to Mr. Plant. (N) (kmk) (Entered: 07/02/2000)

STATUS HEARING before Judge Emmet G. Sullivan: Held. Mr. Alphonso N. Plant, Sr. objected to Consent Decree; Heard and denied without prejudice. Reporter: Bill McAllister (kmk) (Entered: 07/02/2000)

MOTION filed by plaintiffs for approval of the point system for allocating the settlement fund and recommended distributions from the fund ; declarations (3);

ORDER by Judge Emmet G. Sullivan: granting motion for approval of the point system for allocating the settlement fund and recommended distributions from the fund [65−1] by plaintiffs (N) (dam) (Entered: 10/24/2000)

ORDER by Judge Emmet G. Sullivan: granting motion for approval to accept late claims [66−1] by plaintiffs; the late claims of Khalil Wadud, Willie Graham, Gary Williams, Rasul Abdul−Haqq and Kenner Rogers are approved. (N) (dam) (Entered: 10/24/2000)

MOTION (CONSENT) filed by defendant NATL PASS RR CORP to extend time to 11/3/00 to respond to the Administrator's Motion for Approval of Point System for Allocating Settlement Fund and Recommended Distributions from the Fund and the Adminitrator's Motion for Approval to Accept Late Claims (aet) Modified on 10/30/2000 (Entered: 10/30/2000)

ORDER by Judge Emmet G. Sullivan : granting motion to extend time to 11/3/00 to respond to the Administrator's Motion for Approval of Point System for Allocating Settlement Fund and Recommended Distributions from the Fund and the Adminitrator's Motion for Approval to Accept Late Claims [69−1] by NATL PASS RR CORP (N) (clv) (Entered: 10/31/2000)

MOTION (CONSENT) filed by defendant NATL PASS RR CORP to extend time to respond to administrator's motion (aet) (Entered: 11/13/2000)

NOTICE by plaintiff SAMUEL JONES of appearance as a perspective class member in the above action; exhibits (3) (FIAT.Judge Sullivan) (td) Modified on 12/07/2000 (Entered: 12/07/2000)

NOTICE by plaintiff SAMUEL JONES of late filing of discrimination litigation; exhibits (3); (FIAT. Judge Sullivan) (td) (Entered: 12/07/2000)

RESPONSE (OPPOSITIONS) by defendant NATL PASS RR CORP to the Administrator's motion for approval of the point system for allocating the settlement fund and recommended distributions from the fund [65−1]. (td) (Entered: 11/15/2000)

ADMINISTRATORS' REPLY MEMORANDUM IN SUPPORT of their motion for approval of the point system for allocating the settlement fund and of the recommended distributions from the fund; exhibits (8) . (aet) (Entered: 11/24/2000)

ORDER by Judge Emmet G. Sullivan : granting motion to extend time to 11/8/00 to respond to administrator's motion [71−1] by NATL PASS RR CORP (N) (clv) (Entered: 11/20/2000)

ORDER by Judge Emmet G. Sullivan : directing parties to address the Notice of Late Filing of Discrimination Litigation by 12/12/00; (N) (clv) (Entered: 11/28/2000)

MOTION HEARING/STATUS HEARING before Judge Emmet G. Sullivan by plaintiffs motion for approval of the point system for allocating the settlement fund and recommended distributions from the fund [65−1] begun and continued status hearing set for 11:00 12/4/00 ; motion hearing set for 11:00 12/4/00 ; Reporter: Frank Rangus (clv) (Entered: 11/29/2000)

ORDER by Judge Emmet G. Sullivan : denying motion for approval of the point system for allocating the settlement fund and recommended distributions from the fund [65−1] by plaintiffs; the status hearing set for 12/4/00 is cancelled; (N) (clv) (Entered: 12/04/2000)

RESPONSE by plaintiffs to Samuel Jones' notice of late filing of discrimination litigation [78−1]; attachments (7) (td) (Entered: 12/11/2000)