Case: Knee v. Runyon

COMPLAINT − N/C to cnsl.; jury trial demanded. Receipt #: 125219 Amt: $150.00 (jc) (Entered: 03/31/1998)

SUMMONS ISSUED as to defendant. (jc) (Entered: 03/31/1998)

SPECIAL ADMISSION FORM sent to Attorney: William H. Ewing. (jc) (Entered: 03/31/1998)

SPECIAL ADMISSION FORM sent to Attorney: Carol L. Press. (jc) (Entered: 03/31/1998)

SPECIAL ADMISSION FORM sent to Attorney: Lewis Rosman. (jc) (Entered: 03/31/1998)

REMARK − Case file with copy of docket sheet sent to J. McClure. (jc) (Entered: 03/31/1998)

RETURN OF SERVICE executed upon defendant Marvin Runyon and Attorney General Janet Reno, 4/1/98 (ts) (Entered: 04/14/1998)

AMENDED RETURN OF SERVICE executed upon dft Marvin Runyon 4/7/98 (lg) (Entered: 04/20/1998)

ANSWER by defendant William J. Henderson; C/S. (vg) (Entered: 06/09/1998)

REMARK − Doc. #4 to J. McClure. (vg) (Entered: 06/09/1998)

MOTION by plaintiffs for class certification ; c/s; prop O (kf) (Entered: 06/16/1998)

BRIEF by plaintiff IN SUPPORT of motion for class certification [6−1] (kf) (Entered: 06/16/1998)

EXHIBITS to plaintiffs' memorandum in support of plaintiffs' motion for class certification 7 (kf) (Entered: 06/16/1998)

REQUEST OF ATTORNEY FOR SPECIAL ADMISSION to practice on behalf of Helen Knee, Beverly Bazzle, Sandra L. Bowser, Betty A. Deacon, Susan R. Hamm, Angelia Hunter, Deanna Livingston, Linda Mae Miller − by Carol L. Press, Esquire, approved by court (bp) (Entered: 06/18/1998)

ORDER by Judge James F. McClure Jr. denying request [5−1] for entry of deault, as an answer to the complaint was filedl 6/8/98 (cc: all counsel) (bp) (Entered: 06/18/1998)

MOTION by defendant to extend time by one day to file brief in opp to pltfs' motion for class cert , c of s, proposed o (lg) (Entered: 07/01/1998)

ORDER by Judge James F. McClure Jr. granting motion to extend time by one day to file brief in opp to pltfs' motion for class cert [11−1] [6−1] to 7/2/98 (cc: all counsel) (bp) (Entered: 07/01/1998)

ORDER by Judge James F. McClure Jr. Case Management Conference set for 9:00 8/19/98 (cc: all counsel) (bp) (Entered: 07/01/1998)

BRIEF by defendant William J. Henderson IN OPPOSITION to motion for class certification [6−1] ;reply brief due 7/15/98; C/S. (vg) (Entered: 07/06/1998)

DFT'S EXHIBITS in opp. to pltfs' mtn. for class certification; C/S. (vg) (Entered: 07/06/1998)

REMARK − Doc. #14 and #15 to J. McClure. (vg) (Entered: 07/06/1998)

MOTION by plaintiff for preliminary injunction enjoining the Postal Service from conducting any further medical examinations &from making any disability−related inquiries before job offers are made (conditioned solely on the result of future medical examinations or disability−related inquiries, as permitted by law) in connection with hiring at the Remote Encoding Center in York PA w/non−concur; c/s; prop Orders (kf) (Entered: 07/15/1998)

BRIEF by plaintiff IN SUPPORT of motion for preliminary injunction enjoining the Postal Service from conducting any further medical examinations &from making any disability−related inquiries before job offers are made (conditioned solely on the result of future medical examinations or disability−related inquiries, as permitted by law) in connection with hiring at the Remote Encoding Center in York PA [16−1] (kf) (Entered: 07/15/1998)

Plaintiffs' EXHIBITS to memorandum in support of motion for preliminary injunction 17 (kf) (Entered: 07/15/1998)

SUPPLEMENTAL EXHIBITS filed by pltfs in support of motion for prelim injunction (lg) (Entered: 07/17/1998)

RESPONSE by plaintiff in reply to defendant's opposition to plaintiffs' motion for class certification; c/s (kf) (Entered: 07/20/1998)

MINUTE SHEET of case mgmt. conf. held by Judge James F. McClure Jr. CTR: None (bp) (Entered: 07/21/1998)

ORDER by Judge James F. McClure Jr. − No evidentiary hrg will be scheduled on Plf motion for prelim.injunc. Usual briefing schedule as set forth in Local Rules 7.6 and 7.7 to be followed, w/opposing brief to be filed by Dft by 7/31/98, rplybr to be filed by Plfs within 10 dayts after svc of Dft brief. No further briefs may be filed w/o leave of Ct. (cc: all counsel) (bp) (Entered: 07/22/1998)

BRIEF by defendant William J. Henderson IN OPPOSITION to pltfs' motion for preliminary injunction [16−1]; reply brief due 8/13/98; C/S. (vg) (Entered: 08/03/1998)

REMARK − Doc. #24 to J. McClure. (vg) (Entered: 08/03/1998)

JOINT CASE MANAGEMENT FORM returned by plaintiffs &defendants w/attachments (kf) (Entered: 08/12/1998)

SECOND SUPPLEMENTAL EXHIBITS by plaintiffs in support of motion for preliminary injunction 16 (kf) (Entered: 08/14/1998)

REPLY BRIEF by plaintiffs in support of motion for preliminary injunction enjoining the Postal Service from conducting any further medical examinations &from making any disability−related inquiries before job offers are made (conditioned solely on the result of future medical examinations or disability−related inquiries, as permitted by law) in connection with hiring at the Remote Encoding Center in York PA [16−1]; c/s (kf) (Entered: 08/14/1998)

MINUTE SHEET of case mgmt. conf. held by Judge James F. McClure Jr. CTR: None (bp) (Entered: 08/19/1998)

ORDER by Judge James F. McClure Jr. setting jury selection for 9:30 6/1/99; pretrial conference 4/30/99. Case placed on STANDARD Case Mgmt. Track. Further case mgm conf to be scheduled upon disposition of pending motions for class certification and prelim.injunc. (cc: all counsel) (bp) (Entered: 08/19/1998)

THIRD SUPPLEMENTAL EXHIBIT by plaintiff re motion for preliminary injunction enjoining the Postal Service from conducting any further medical examinations &from making any disability−related inquiries before job offers are made (conditioned solely on the result of future medical examinations or disability−related inquiries, as permitted by law) in connection with hiring at the Remote Encoding Center in PA [16−1], CofS (bp) (Entered: 09/15/1998)

MOTION by plaintiffs to compel the production of documents that defendant has stated in response to plaintiffs' First Request for Production of Documents ; exhibits; c/s; prop O (kf) Modified on 09/29/1998 (Entered: 09/29/1998)

ORDER by Judge James F. McClure Jr.: granting motion to compel production of documents that defendant has stated in response to plaintiffs' First Request for Production of Documents [31−1] (cc: all counsel) (lg) (Entered: 10/07/1998)

ORDER by Judge James F. McClure Jr.: Case reassigned to Judge Yvette Kane (cc: all counsel) (lg) (Entered: 10/27/1998)

REMARK − case file and docket sheet to Judge Kane (lg) (Entered: 10/27/1998)

MOTION − by plaintiffs for argument on mtn. for prel. injunc. w/attach. (c/s) Cert. of conc. w/in mtn. (am) (Entered: 11/16/1998)

BRIEF by defendant William J. Henderson IN OPPOSITION to motion for preliminary injunction enjoining the Postal Service from conducting any further medical examinations &from making any disability−related inquiries before job offers are made (conditioned solely on the result of future medical examinations or disability−related inquiries, as permitted by law) in connection with hiring at the Remote Encoding Center in York PA [16−1] ;reply brief due 12/16/98. With c of s. (ma) (Entered: 12/04/1998)

NOTICE by defendant William J. Henderson of correction of prior pleadings and briefs that lack evidentiary support. C/S. (jk) (Entered: 12/07/1998)

REPLY MEMORANDUM by plaintiffs' IN SUPPORT OF motion for argument [34−1]. With exhibits and c of s. (ma) (Entered: 12/09/1998)

DEFENDANT'S UNOPPOSED MOTION to extend time the scheduling order deadlines . With c of s and prop. order. (ma) (Entered: 12/22/1998)

SUPPLEMENTAL MEMORANDUM by plaintiffs IN SUPPORT OF motion for class certification [6−1]. With c of s. (ma) (Entered: 01/08/1999)

Second supplemental exhibits to pltfs' motion for class certification. (ma) Modified on 02/02/1999 (Entered: 01/08/1999)

RESPONSE by defendant William J. Henderson to Pltf's supplemental memsup. of m. for class certification; with C/S. (sc) Modified on 02/02/1999 (Entered: 01/29/1999)

ORDER by Judge Yvette Kane IT IS ORDERED that deft's unopposed mtn to extend the scheduling order deadlines is granted. An amended Case Management Order will follow. [38−1] (cc: all counsel, Ct., Ct. Dpty., Ct. Rptr.) (jc) (Entered: 02/04/1999)

CASE MANAGEMENT ORDER by Judge Yvette Kane Jury selection by 9:30 a.m. on 8/16/99; jury trial set 9:30 a.m. on 8/16/99; discovery cutoff 3/5/99; pretrial memorandum due 7/23/99; pretrial conference 10:00 a.m. on 7/30/99; settlement conf set 10:00 a.m. on 7/30/99. Case placed on COMPLEX Case Mgmt. Track SEE ORDER FOR FURTHER DETAILS (cc: all counsel, Ct., Ct. Rptr. &Ct. Dpty.) (jc) (Entered: 02/04/1999)

SUPPLEMENTAL REPLY by plaintiff regarding pltfs' mtn for class certificaiton and c of s. [6−1] (jc) (Entered: 02/18/1999)

UNOPPOSED MOTION by plaintiffs to extend time for filing dispositive motions for (2) weeks until 5/7/99. With c of s and prop. order. (ma) (Entered: 04/02/1999)

ORDER by Judge Yvette Kane − IT IS HEREBY ORDERED THAT pltf's motion to extend time for filing dispositive motions for (2) weeks until 5/7/99, is GRANTED. [45−1] (cc: Ct., all counsel) (sc) (Entered: 04/08/1999)

UNOPPOSED MOTION by plaintiffs to file brief in excess of 15 pages ; with c/s and propo. (sc) (Entered: 04/30/1999)

ORDER by Judge Yvette Kane granting motion to file brief in excess of 15 pages [47−1] (cc: all counsel) (tm) (Entered: 05/06/1999)

STATEMENT OF MATERIAL UNDISPUTED FACTS by defendant William J. Henderson in support of motion for partial summary judgment and c of s. [49−1] (jc) (Entered: 05/10/1999)

BRIEF by defendant William J. Henderson IN SUPPORT of motion for partial summary judgment and c of s. [49−1] (jc) (Entered: 05/10/1999)

EXHIBITS filed by defendant Henderson in support of his mtn for partial S/J and c of s. (jc) (Entered: 05/10/1999)

MOTION by plaintiffs for summary judgment with proposed order and c of s. (jc) (Entered: 05/10/1999)

MEMORANDUM by plaintiffs IN SUPPORT OF motion for summary judgment. [53−1] (jc) (Entered: 05/10/1999)

STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE TRIED by plaintiff in support of motion for summary judgment. [53−1] (jc) (Entered: 05/10/1999)

EXHIBITS by plaintiffs in support of their mtn for S/J. VOLUME I (jc) (Entered: 05/10/1999)

EXHIBITS by plaintiffs in support of their mtn for S/J. VOLUME II (jc) (Entered: 05/10/1999)

MOTION by defendant William J. Henderson to extend time to file br. in opp. to pltfs' mtn. for summary jgm. ; C/S; Propo. (vg) (Entered: 05/24/1999)

BRIEF by plaintiff IN OPPOSITION to motion for summary judgment [53−1]; reply brief due 6/7/99; with c/s. (sc) (Entered: 05/26/1999)

STATEMENT OF FACTS by plaintiff IN SUPPORT of motion response [59−1]; with c/s. (sc) (Entered: 05/26/1999)

BRIEF by pltfs IN OPPOSITION to motion to extend time to file br. in opp. to pltfs' mtn. for summary jgm. [58−1]; reply brief due 6/8/99; with c/s. (sc) (Entered: 05/27/1999)

ORDER by Judge Yvette Kane granting motion to extend time to file br. in opp. to pltfs' mtn. for summary jgm. [58−1] Dft. shall file dft's br. opposing pltfs' mtn. for summary jgm. by [53−1] 6/7/99 (cc: Ct., all counsel) (vg) (Entered: 05/28/1999)

UNOPPOSED MOTION by defendant to file br. in excess of fifteen pgs. ; Cert. of Conc.; C/S; Propo. (vg) (Entered: 05/28/1999)

ORDER by Judge Yvette Kane granting motion to file br. in excess of fifteen pgs. [63−1]. Dft. permitted to file br. in opp. to pltf's mtn. for summary jgm. not to exceed (25) pgs. in length. (cc: Ct., all counsel) (vg) (Entered: 06/08/1999)

RESPONSE by defendant William J. Henderson to pltfs' stmt. of undisputed facts; C/S. (vg) (Entered: 06/08/1999)

BRIEF by defendant William J. Henderson IN OPPOSITION to motion for summary judgment [53−1]; reply brief due 6/20/99; C/S. (vg) (Entered: 06/08/1999)

DEFENDANT'S EXHIBITS in support of his br. in opp. to pltfs' mtn. for summary jgm.; C/S. (vg) (Entered: 06/08/1999)

REPLY BRIEF by defendant William J. Henderson IN SUPPORT of motion for partial summary judgment [49−1]; with c/s. (sc)

MOTION by pltfs to file brief in excess of 15 pages ; with c/s, cert. of conc., and propo. (sc) (Entered: 06/17/1999)

REPLY BRIEF by plaintiff in support of motion for summary judgment [53−1] C/S. (tm) (Entered: 06/22/1999)

ORDER by Judge Yvette Kane Upon consideration of pltfs' unopposed mtn to file brief in excess of 15 pages, IT IS ORDERED that pltfs' mtn is granted and pltfs are permitted to file a reply brief in support of mtn for S/J not to exceed 20 pages in length. [70−1] (cc: all counsel &Ct.) (jc) (Entered: 06/24/1999)

ORDER by Judge Yvette Kane IT IS ORDERED THAT a status telephone conference will be held on 6/25/99, at 11:30 a.m., to discuss the status of this case. Deft's cnsl. shall initiate this conf. call. (cc: all counsel &Ct.) (jc) (Entered: 06/25/1999)

MINUTE SHEET from telephone conference held on 6/25/99 by Judge Kane; termed ddl. (vg) (Entered: 06/28/1999)

ORDER by Judge Yvette Kane denying pltfs' motion for class certification [6−1]. As required by Third Circuit caselaw and FRCP 23(c)(1), Court will reassess matter of class certification as case progresses. (cc: Ct., all counsel) (vg) (Entered: 06/28/1999)

ORDER by Judge Yvette Kane, upon consideration of pltfs' mtns. for prelim. inj. and oral argument, IT IS ORDERED THAT mtns. are DENIED. [16−1] [34−1] (cc: Ct., all counsel) (vg) (Entered: 06/28/1999)

ORDER by Judge Yvette Kane denying dft's motion for partial summary judgment [49−1] (cc: Ct., all counsel) (vg) (Entered: 06/28/1999)

ORDER by Judge Yvette Kane IT IS ORDERED THAT the jury selection and trial scheduled for 8/16/99 and the P/T/C scheduled for 7/30/99 at 10:00 a.m. are cancelled. IT IS FURTHER ORDERED THAT a telephone status conference will be held on 8/19/99, at 1:00 p.m. Pltf's counsel shall initiate the call. (cc: all counsel, Ct., Ct. Dpty., Ct. Rptr. &Jury Clerk) (jc) (Entered: 06/29/1999)

ORDER by Judge Yvette Kane that parties shall submit briefs re: impact, if any, of recent ADA decisions by Supreme Court on Pltfs' pending mtn. for summary jgm. Briefs of parties will be due on following dates: Dft.: 7/9/99; Pltfs.: 7/23/99. [53−1] (cc: Ct., all counsel) (vg) (Entered: 07/06/1999)

SUBSTITUTION OF COUNSEL: terminating attorney Lewis Rosman for Linda Mae Miller, attorney Carol L. Press for Linda Mae Miller, attorney William H. Ewing for Linda Mae Miller, attorney Carl Oxholm for Linda Mae Miller, attorney Lewis Rosman for Deanna Livingston, attorney Carol L. Press for Deanna Livingston, attorney William H. Ewing for Deanna Livingston, attorney Carl Oxholm for Deanna Livingston, attorney Lewis Rosman for Angelia Hunter, attorney Carol L. Press for Angelia Hunter, attorney William H. Ewing for Angelia Hunter, attorney Carl Oxholm for Angelia Hunter, attorney Lewis Rosman for Susan R. Hamm, attorney Carol L. Press for Susan R. Hamm, attorney William H. Ewing for Susan R. Hamm, attorney Carl Oxholm for Susan R. Hamm, attorney Lewis Rosman for Betty A. Deacon, attorney Carol L. Press for Betty A. Deacon, attorney William H. Ewing for Betty A. Deacon, attorney Carl Oxholm for Betty A. Deacon, attorney Lewis Rosman for Sandra L. Bowser, attorney Carol L. Press for Sandra L. Bowser, attorney William H. Ewing for Sandra L. Bowser, attorney Carl Oxholm for Sandra L. Bowser, attorney Lewis Rosman for Beverly Bazzle, attorney Carol L. Press for Beverly Bazzle, attorney William H. Ewing for Beverly Bazzle, attorney Carl Oxholm for Beverly Bazzle, attorney Lewis Rosman for Helen Knee, attorney Carol L. Press for Helen Knee, attorney William H. Ewing for Helen Knee, attorney Carl Oxholm for Helen Knee, all cnsl. of Connolly Epstein Chicco Foxman Oxholm &Ewing and substituting attorney William H. Ewing, Carol L. Press, Lewis Rosman, of Eckert Seamans Cherin &Mellott, LLC. C/S. (vg) (Entered: 07/07/1999)

PRAECIPE: by Attys. Ewing, Press &Rosman o/b/o plaintiffs notifying change of "law firm name" only. (am) (Entered: 07/08/1999)

SUPPLEMENTAL BRIEF by defendant IN OPPOSITION to pltfs' mtn for S/J and c of s. [66−1] (jc) (Entered: 07/12/1999)

SUPPLEMENTAL MEMORANDUM by plaintiffs in support of motion for summary judgment and c of s. [53−1] (jc) (Entered: 07/27/1999)

NOTICE OF APPEAL by plaintiffs from District Court order filed 6/25/99. [76−1] (Filing fee paid, TPO mailed to William Ewing, Esquire, certified copy of docket entries, notice of appeal, order being appealed, with info/ack letter to USCA. (cc: Not/appl with info/ack letter to all counsel &Ct.) Receipt No. &Amt: 129082 $105.00 (jc) (Entered: 07/27/1999)

REMARK − Case file in open file room. Interlocutory Apeal. (jc) (Entered: 07/27/1999)

ACKNOWLEDGEMENT RECEIVED − from USCA of receipt on 7/28/99 of appeal. (jc) (Entered: 07/30/1999)

Notification by Circuit Court of Appellate Docket Number 99−3629 (lg) (Entered: 08/13/1999)

REMARK − doc 86 to HBG appeal section (lg) (Entered: 08/16/1999)

TRANSCRIPT PURCHASE ORDER filed by William Ewing, Esquire stating that a transcript is not necessary for purposes of appeal. (jc) (Entered: 08/20/1999)

DISTRICT COURT RECORD COMPLETE FOR PURPOSES OF APPEAL (jc) (Entered: 08/20/1999)

MINUTE SHEET − of telephone conference re: status held on 8/19/99. (jc) (Entered: 08/20/1999)

CERTIFIED COPY of docket entris to be filed as the cert. list in lieu of the record. (jc) (Entered: 08/20/1999)

ORDER by Judge Yvette Kane Teleconf scheduled for 11:00 a.m. on 10/5/99 (cc: Ct, all counsel) (jk) (Entered: 08/23/1999)

SCHEDULING ORDER: by Judge Yvette Kane − jury trial rescheduled for 3/6/00; Jury selection set for 3/6/00; Pretrial conference set for 10:00 a.m. on 3/1/00 (cc: Ct, all counsel) (jk) (Entered: 08/23/1999)

CERTIFIED COPY of Appellate Court Order: foregoing motion for leave to appeal is denied (lg) (Entered: 08/25/1999)