Case: Vandehey v. Vallario

Vallario v. Vandehey

U.S. Court of Appeals for the Tenth Circuit

Class Action COMPLAINT against Lou Vallario, Scott Dawson ( Filing fee $ 350, Receipt Number 269738) Summons Issued, filed by Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Attachments: # 1 Attachment 1 - Plaintiff Vandehey Grievances and Responses# 2 Attachment 2 - Plaintiff Langley Grievances and Responses# 3 Attachment 3 - Plaintiff Hogue Grievances and Responses# 4 Attachment 4 - Plaintiff Lincoln Grievances and Responses# 5 Civil Cover Sheet # 6 Receipt)(gms, ) (Entered: 07/19/2006)

1 Attachment 1 - Plaintiff Vandehey Grievances and Responses

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2 Attachment 2 - Plaintiff Langley Grievances and Responses

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3 Attachment 3 - Plaintiff Hogue Grievances and Responses

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4 Attachment 4 - Plaintiff Lincoln Grievances and Responses

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5 Civil Cover Sheet

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6 Receipt

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MOTION to Certify Class by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (gms, ) (Entered: 07/19/2006)

ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe by Judge Figa. (rlp, ) (Entered: 07/25/2006)

ORDER : Scheduling Conference set for 10/3/2006 09:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 7/26/06. (gms, )

AMENDED COMPLAINT First against all defendants, filed by Clarence Vandehey. (Attachments: # 1 Attachment# 2 Attachment# 3 # 4 Attachment# 5 Attachment# 6 Attachment# 7 Attachment# 8 Attachment# 9 Attachment# 10 Attachment)(Silverstein, Mark) (Entered: 08/01/2006)

1 Attachment

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2 Attachment

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3 Attachment

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4 Attachment

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5 Attachment

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6 Attachment

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7 Attachment

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10 Attachment

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MOTION to Amend/Correct/Modify 2 MOTION to Certify Class by Plaintiff Clarence Vandehey. (Silverstein, Mark) (Entered: 08/01/2006)

Amended MOTION to Certify Class by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Silverstein, Mark) (Entered: 08/02/2006)

STIPULATION for Extension of Time to Answer by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln, Defendants Lou Vallario, Scott Dawson. (Phillips, John) (Entered: 08/18/2006)

SUMMONS Returned Executed by all plaintiffs. Lou Vallario served on 8/14/2006, answer due 9/5/2006; Scott Dawson served on 8/14/2006, answer due 9/5/2006. (Phillips, John) (Entered: 08/18/2006)

STIPULATION for Extension of Time by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln, Defendants Lou Vallario, Scott Dawson. (Tomey, Kim) (Entered: 09/25/2006)

RESPONSE to Motion re 7 Amended MOTION to Certify Class filed by Defendants Lou Vallario, Scott Dawson. (Attachments: # 1 Exhibit A-1# 2 Exhibit A-2)(Tomey, Kim) (Entered: 09/25/2006)

1 Exhibit A-1

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2 Exhibit A-2

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Proposed Scheduling Order by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Phillips, John) (Entered: 09/26/2006)

NOTICE of Entry of Appearance by Michael D. Murphy on behalf of all plaintiffs (Murphy, Michael) (Entered: 09/27/2006)

NOTICE of Entry of Appearance by Kim Arquette Tomey on behalf of all defendants (Tomey, Kim) (Entered: 09/28/2006)

NOTICE of Entry of Appearance by Deborah Quinn on behalf of all defendants (Quinn, Deborah) (Entered: 09/29/2006)

NOTICE of Entry of Appearance by Don K. DeFord on behalf of all defendants (DeFord, Don) (Entered: 09/29/2006)

Defendants' ANSWER to Amended Complaint by Lou Vallario, Scott Dawson. (Attachments: # 1 Answer - Part 2# 2 Answer - Part 3)(Tomey, Kim) (Entered: 09/29/2006)

1 Answer - Part 2

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2 Answer - Part 3

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Proposed Scheduling Order by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln, Defendants Lou Vallario, Scott Dawson. (Phillips, John) (Entered: 10/02/2006)

Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael J. Watanabe : Scheduling Conference held on 10/3/2006. Discovery due by 3/5/2007. Dispositive Motions due by 4/5/2007. Telephone Status Conference set for 11/21/2006 09:30 AM before Magistrate Judge Michael J. Watanabe. Plaintiff's counsel shall initiate the conference call to opposing counsel and then to the court at (303) 844-2403. Proposed Final Pretrial Order due by 5/30/2007. Final Pretrial Conference set for 6/4/2007 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Parties are directed to www.cod.uscourts.gov and shall fully comply with the procedures of the judicial officer assigned to try this case on the merits. Counsel shall file any appropriate motion for protective order by October 13, 2006.(Court Reporter FTR - S. Moore.) (mjwcd, ) (Entered: 10/03/2006)

SCHEDULING ORDER: Discovery due by 3/5/2007.,Dispositive Motions due by 4/5/2007., Telephonic Status Conference set for 11/21/2006 09:30 AM before Magistrate Judge Michael J. Watanabe., Final Pretrial Conference set for 6/4/2007 09:00 AM before Magistrate Judge Michael J. Watanabe. Signed by Magistrate Judge Michael J. Watanabe on 10/03/06. (rlp2, ) (Entered: 10/03/2006)

Unopposed MOTION for Extension of Time to File Response/Reply as to 11 Response to Motion (Amended) to Certify Class by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Attachments: # 1 Proposed Order (PDF Only) Granting Plaintiffs Motion for Extension of Time)(Phillips, John) (Entered: 10/05/2006)

1 Proposed Order (PDF Only) Granting Plaintiffs Motion for Extension of Time

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Joint MOTION for Protective Order and Stipulation by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Attachments: # 1 Proposed Order (PDF Only) # 2 Stipulation and Protective Order)(Phillips, John) (Entered: 10/13/2006)

1 Proposed Order (PDF Only)

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2 Stipulation and Protective Order

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MEMORANDUM regarding 22 Joint MOTION for Protective Order and Stipulation filed by Clarence Vandehey, William Langley, Samuel Lincoln, Jared Hogue. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Phillip S. Figa on 10/13/06. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 10/13/2006)

ORDER granting 22 Motion for Protective Order. Signed by Magistrate Judge Michael J. Watanabe on 10/13/06.(rlp, )

PROTECTIVE ORDER regarding discovery, signed by Magistrate Judge Michael J. Watanabe on 10/13/06. (rlp, )

ORDER granting 21 Motion for Extension of Time to File Response/Reply re 7 Amended MOTION to Certify Class, Plaintiffs shall have to and includingOctober 24, 2006 within which to file their reply to defendants response to theamended motion to certify class. Signed by Judge Phillip S. Figa on 10/20/06.(rlp2, ) (Entered: 10/20/2006)

REPLY to Response to Motion re 7 Amended MOTION to Certify Class filed by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Phillips, John) (Entered: 10/24/2006)

NOTICE of Request of Plaintiffs to Inspect Garfield County Jail by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln (Phillips, John) (Entered: 11/17/2006)

Docket Annotation re: 28 Notice (Other). Filer indicates document filed in error, please disregard Request. Text only entry - no document attached. (rlp, ) (Entered: 11/17/2006)

Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael J. Watanabe : Telephone Status Conference held on 11/21/2006. Further Telephone Status Conference set for 2/1/2007 09:00 AM before Magistrate Judge Michael J. Watanabe. Melanie Lewis shall forthwith electronically file a notice of entry of appearance.(Court Reporter FTR - S. Moore.) (mjwcd, ) (Entered: 11/21/2006)

NOTICE of Entry of Appearance by Melanie Bailey Lewis on behalf of Lou Vallario, Scott Dawson (Lewis, Melanie) (Entered: 11/27/2006)

NOTICE of Entry of Appearance by Robert E. Ward, II on behalf of all plaintiffs (Ward, Robert) (Entered: 11/30/2006)

RESPONSE to 28 Notice (Other) by Defendants Lou Vallario, Scott Dawson. (Tomey, Kim) (Entered: 12/01/2006)

STIPULATION for Extension of Time to Respond to Plaintiffs' Written Discovery by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln, Defendants Lou Vallario, Scott Dawson. (Tomey, Kim) (Entered: 12/18/2006)

Stipulated MOTION For Extension of Time to Respond to Plaintiffs' Written Discovery by Defendants Lou Vallario, Scott Dawson. (Attachments: # 1 Proposed Order (PDF Only))(Tomey, Kim) (Entered: 12/26/2006)

1 Proposed Order (PDF Only)

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Stipulated MOTION to Amend/Correct/Modify 20 Scheduling Order, by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Attachments: # 1 Proposed Order (PDF Only) Amending Certain Deadlines Contained in the Scheduling Order)(Phillips, John) (Entered: 01/02/2007)

1 Proposed Order (PDF Only) Amending Certain Deadlines Contained in the Scheduling

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MEMORANDUM regarding 35 Stipulated MOTION For Extension of Time to Respond to Plaintiffs' Written Discovery filed by Scott Dawson, Lou Vallario. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Phillip S. Figa on 01/02/07. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 01/02/2007)

MEMORANDUM regarding 36 Stipulated MOTION to Amend/Correct/Modify 20 Scheduling Order,Stipulated MOTION to Amend/Correct/Modify 20 Scheduling Order, filed by Clarence Vandehey, William Langley, Samuel Lincoln, Jared Hogue. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Phillip S. Figa on 01/02/07. (Text Only Entry - No Document Attached)(rlp, ) (Entered: 01/02/2007)

ORDER granting 36 Motion to Amend/Correct/Modify Scheduling Order, discovery cut off 04/09/07, expert discovery cut off 07/12/07, dispositive motion ddln 08/13/07, signed by Magistrate Judge Michael J. Watanabe on 01/02/07.(rlp, )

ORDER granting 35 Motion for Extension of Time to respond to plaintiff's discovery, signed by Magistrate Judge Michael J. Watanabe on 01/02/07.(rlp, ) (Entered: 01/03/2007)

Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael J. Watanabe : Telephone Status Conference held on 2/1/2007. Proposed Final Pretrial Order due by 11/1/2007. Final Pretrial Conference set for 11/6/2007 08:30 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. Defendants' counsel shall file the appropriate motion(s) to take the depositions of the incarcerated witnesses.(Court Reporter FTR - S. Moore.) (mjwcd, ) (Entered: 02/01/2007)

Unopposed MOTION for Order to Allow Depositions of Plaintiffs Pursuant to F.R.C.P. 30(a)(2) by Defendants Lou Vallario, Scott Dawson. (Attachments: # 1 Proposed Order (PDF Only))(Lewis, Melanie) (Entered: 02/01/2007)

1 Proposed Order (PDF Only)

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MEMORANDUM regarding 42 Unopposed MOTION for Order to Allow Depositions of Plaintiffs Pursuant to F.R.C.P. 30(a)(2) filed by Scott Dawson, Lou Vallario. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Phillip S. Figa on 2/1/07. (Text Only Entry - No Document Attached)(pap2, ) (Entered: 02/01/2007)

Minute ORDER granting Defendants' Unopposed 42 Motion for Order Allowing Deposition of Plaintiff, by Magistrate Judge Michael J. Watanabe on 2/5/07.(gms, )

Unopposed MOTION For Extension of Time to Respond to Defendants' First Set of Written Discovery by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Attachments: # 1 Proposed Order (PDF Only))(Phillips, John) (Entered: 02/22/2007)

1 Proposed Order (PDF Only)

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MEMORANDUM regarding 45 Unopposed MOTION For Extension of Time to Respond to Defendants' First Set of Written Discovery by Plaintiffs. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Phillip S. Figa on 2/22/07. (Text Only Entry - No Document Attached)(dln, ) (Entered: 02/22/2007)

ORDER Granting 45 Plaintiffs' Unopposed MOTION For Extension of Time to Respond to Defendants' First Set of Written Discovery. Signed by Magistrate Judge Michael J. Watanabe on 2/23/07.(pap, ) (Entered: 02/23/2007)

Unopposed MOTION For Extension of Time to Deadlines (30 Days) and Corresponding Amendment to 20 Scheduling Order by Defendants Lou Vallario, Scott Dawson. (Attachments: # 1 Proposed Order (PDF Only))(Marks, Josh) (Modified on 3/1/2007 to add the linkage to the scheduling Order)(erv, ). (Entered: 02/28/2007)

1 Proposed Order (PDF Only)

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MEMORANDUM regarding 48 Unopposed MOTION For Extension of Time to Deadlines (30 Days) and Corresponding Amendment to Scheduling OrderUnopposed MOTION For Extension of Time to Deadlines (30 Days) and Corresponding Amendment to Scheduling Order filed by Scott Dawson, Lou Vallario. Motions referred to Magistrate Judge Michael J. Watanabe by Judge Phillip S. Figa on 3/1/07. (Text Only Entry - No Document Attached)(pap2, ) (Entered: 03/01/2007)

ORDER granting Defendants' Unopposed 48 Motion for 30 Day Extension of all Deadlines. Discovery cutoff 5/9/07, expert discovery cutoff 8/13/07, dispositive motions due 9/13/07. Signed by Magistrate Judge Michael J. Watanabe on 3/2/07.(gms, ) (Entered: 03/02/2007)

Utility Setting/Resetting Deadlines/Hearings: Discovery due by 8/13/2007,Dispositive Motions due by 9/13/2007, pursuant to order of 3/2/07. Text only entry - no document attached. (gms, ) (Entered: 03/02/2007)

NOTICE of Entry of Appearance and Substitution of Counsel by Marisa B. Hudson-Arney on behalf of all plaintiffs (Hudson-Arney, Marisa) (Entered: 05/07/2007)

Docket Annotation re: 52 NOTICE of Entry of Appearance and Substitution of Counsel. [Document to be refiled by Counsel as two separate documents]. Text only entry - no document attached. (dln, ) (Entered: 05/08/2007)

NOTICE of Entry of Appearance by Marisa B. Hudson-Arney on behalf of Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln (Hudson-Arney, Marisa) (Entered: 05/08/2007)

Unopposed MOTION to Withdraw as Attorney for Plaintiffs by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Attachments: # 1 Proposed Order (PDF Only))(Phillips, John) (Entered: 05/08/2007)

1 Proposed Order (PDF Only)

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Unopposed MOTION For Extension of Time to Enlarge Certain Deadlines Contained in Scheduling Order by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Attachments: # 1 Proposed Order (PDF Only))(Hudson-Arney, Marisa) (Entered: 05/09/2007)

1 Proposed Order (PDF Only)

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MEMORANDUM regarding 56 Unopposed MOTION For Extension of Time to Enlarge Certain Deadlines Contained in Scheduling Order filed by Clarence Vandehey, William Langley, Samuel Lincoln, Jared Hogue. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Phillip S. Figa on 5/9/07. (Text Only Entry - No Document Attached)(mrs, ) (Entered: 05/09/2007)

ORDER granting 55 Motion to Withdraw as Counsel. Attorney Michael D. Murphy and John D. Phillips, Jr terminated for Plaintiffs. Signed by Judge Phillip S. Figa on 5/10/07.(mrs, ) (Entered: 05/10/2007)

ORDER granting 56 Plaintiffs' Unopposed Motion to Enlarge Certaun Deadlines contained in the Scheduling Order. Fact discovery cut-off is 7/27/07, expert discovery cut-off is 10/26/07 and dispositive motion deadline is 12/3/07. Signed by Magistrate Judge Michael J. Watanabe on 5/10/07.(mrs, ) (Entered: 05/10/2007)

Utility Setting/Resetting Deadlines/Hearings: Discovery due by 10/26/2007,Dispositive Motions due by 12/3/2007 pursuant to the order of 5/10/07. Text only entry - no document attached. (mrs, ) (Entered: 05/10/2007)

MOTION to Withdraw as Attorney for Plaintiffs by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Ward, Robert) (Entered: 05/14/2007)

MEMORANDUM regarding 61 MOTION to Withdraw as Attorney for Plaintiffs filed by Clarence Vandehey, William Langley, Samuel Lincoln, Jared Hogue. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Phillip S. Figa on 5/14/07. (Text Only Entry - No Document Attached)(mrs, ) (Entered: 05/14/2007)

Minute ORDER granting 61 Motion to Withdraw as Attorney. Attorney Robert E. Ward, II terminated as counsel for the plaintiffs, by Magistrate Judge Michael J. Watanabe on 5/15/07.(gms, ) (Entered: 05/16/2007)

MOTION for Protective Order Defendants by Defendants Lou Vallario, Scott Dawson. (Attachments: # 1 Exhibit A & B# 2 Exhibit C,D,E# 3 Exhibit F# 4 Proposed Order (PDF Only) Order on Defendants' Motion for Protective Order)(Tomey, Kim) (Entered: 07/06/2007)

1 Exhibit A & B

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2 Exhibit C,D,E

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3 Exhibit F

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4 Proposed Order (PDF Only) Order on Defendants' Motion for Protective Order

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MOTION for Ruling TO PERMIT STANDARD DISCOVERYOF ALL INFORMATION REASONABLY CALCULATED TO LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE, OR IN THE ALTERNATIVE, TO STAY DISCOVERY UNTIL THE COURT HAS RULED ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Whitehair, J.) (Entered: 07/06/2007)

Joint MOTION for Ruling on 64 MOTION for Protective Order Defendants, 65 MOTION for Ruling TO PERMIT STANDARD DISCOVERYOF ALL INFORMATION REASONABLY CALCULATED TO LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE, OR IN THE ALTERNATIVE, TO STAY DISCOVERY UNTIL THE COURT HAS RULED ON PLAINTIFFS' MOTION FOR CLASS CERTIFIC by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Whitehair, J.) (Entered: 07/06/2007)

Resubmitted Joint MOTION for Forthwith Discovery Hearing re: 64 MOTION for Protective Order, 65 MOTION for Ruling, by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Attachments: # 1 Proposed Order (PDF Only))(Whitehair, J.) Modified on 7/9/2007 to clarify motion relief (mrs, ). (Entered: 07/06/2007)

1 Proposed Order (PDF Only)

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Docket Annotation re: 67 Joint MOTION for Ruling on 64 MOTION for Protective Order Defendants, 65 MOTION for Ruling TO PERMIT STANDARD DISCOVERYOF ALL INFORMATION REASONABLY CALCULATED TO LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE, OR IN THE ALTERNATIVE, TO STAY DISCOVERY UNTIL THE COURT HAS RULED ON PLAINTIFFS' MOTION FOR CLASS CERTIFIC (Resubmitted). This docket entry modified to clarify motion relief and to clean-up text. Text only entry - no document attached. (mrs, ) (Entered: 07/09/2007)

MEMORANDUM regarding 64 MOTION for Protective Order Defendants filed by Scott Dawson, Lou Vallario. Motion referred to Magistrate Judge Michael J. Watanabe, by Judge Phillip S. Figa on 7/9/07. (Text Only Entry - No Document Attached)(mrs, ) (Entered: 07/09/2007)

MEMORANDUM regarding 65 MOTION for Ruling TO PERMIT STANDARD DISCOVERYOF ALL INFORMATION REASONABLY CALCULATED TO LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE, OR IN THE ALTERNATIVE, TO STAY DISCOVERY UNTIL THE COURT HAS RULED ON PLAINTIFFS' MOTION FOR CLASS CERTIFIC filed by Clarence Vandehey, William Langley, Samuel Lincoln, Jared Hogue. Motion referred to Magistrate Judge Michael J. Watanabe by Judge Phillip S. Figa on 7/9/07. (Text Only Entry - No Document Attached)(mrs, ) (Entered: 07/09/2007)

MEMORANDUM regarding 67 Joint MOTION for Ruling on 64 MOTION for Protective Order Defendants, 65 MOTION for Ruling TO PERMIT STANDARD DISCOVERY OF ALL INFORMATION REASONABLY CALCULATED TO LEAD TO THE DISCOVERY OF ADMISSIBLE EVIDENCE, OR IN THE ALTERNATIVE, TO STAY DISCOVERY UNTIL THE COURT HAS RULED ON PLAINTIFF'S MOTION FOR CLASS CERTIFIC (Resubmitted) filed by Clarence Vandehey, William Langley, Samuel Lincoln, Jared Hogue. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Phillip S. Figa on 7/9/07. (Text Only Entry - No Document Attached)(mrs, ) (Entered: 07/09/2007)

SUPPLEMENT/AMENDMENT to 64 MOTION for Protective Order Defendants by Defendants Lou Vallario, Scott Dawson. (Attachments: # 1 Exhibit Ex G, pt 1 of 3# 2 Exhibit Ex G, pt 2 of 3# 3 Exhibit Ex G, pt 3 of 3)(Tomey, Kim) (Entered: 07/09/2007)

1 Exhibit Ex G, pt 1 of 3

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2 Exhibit Ex G, pt 2 of 3

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3 Exhibit Ex G, pt 3 of 3

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Minute Entry for proceedings held before Judge Michael J. Watanabe : Discovery Hearing held on 7/10/2007.The Resubmitted Joint 67 Motion for Forthwith Discovery Hearing is GRANTED; Defendants' 64 Motion for Protective Order is GRANTED; Plain tiffs' 65 Motion for Ruling to Permit Standard Discovery of All Information Reasonably Calculated to Lead to the Discovery of Admissible Evidence, or in the Alternative, to Stay Discovery Until the Court Has Ruled on Plaintiffs' Motion f or Class Certification is DENIED in its entirety. Each party to pay its own attorney fes and costs as related to the above motions.(DISCOVERY ORDER IS VACATED PURSUANT TO Order 119 (Court Reporter FTR - Shelley Moore.) (mrs, ) Modified on 7/11/2007 to clarify ruling on Plaintiff's Motion DN 65 (mrs, ). Modified on 3/13/2008 (erv, ).

Docket Annotation re: 73 Order on Motion for Protective Order, Order on Motion for Ruling, Discovery Hearing. This docket entry modified on 7/11/2007 to clarify ruling on Plaintiff's Motion, DN 65. Text only entry - no document attached. (mrs, ) (Entered: 07/11/2007)

TRANSCRIPT of Telephonic Discovery Conference held on 7-10-07 before Magistrate Judge Watanabe. Pages: 1-33. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 07/12/2007)

APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 73 Order on Motion for Protective Order, Order on Motion for Ruling,, Discovery Hearing,,,,,,,,,,,, Plaintiffs' Objection to Portion of Magistrate Judge's Order on Plaintiffs' Motion to Permit Standard Discovery by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Whitehair, J.) (Entered: 07/24/2007)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Unopposed MOTION For Extension of Time to Enlarge Scheduling Order Discovery Deadlines by Defendants Lou Vallario, Scott Dawson. (Attachments: # 1 Proposed Order (PDF Only) Prop Order re Mot for Enlargement of time)(Tomey, Kim) (Entered: 07/27/2007)

1 Proposed Order (PDF Only) Prop Order re Mot for Enlargement of time

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MEMORANDUM regarding 77 Unopposed MOTION For Extension of Time to Enlarge Scheduling Order Discovery Deadlines filed by Scott Dawson, Lou Vallario. Motion referred to Magistrate Judge Michael J. Watanabe, by Judge Phillip S. Figa on 7/27/07. (Text Only Entry - No Document Attached) (mrs, ) (Entered: 07/27/2007)

ORDER GRANTING Defendants' Unopposed 77 Motion to Amend Scheduling Order Discovery Deadlines by Thirty Days. Dispositive Motions deadline set for 1/21/08, Pretrial Conference is RESET for 2/7/08 at 10:30 AM, Proposed Final Pretrial Order shall be submitted by 2/1/08. Signed by Magistrate Judge Michael J. Watanabe on 7/31/07.(mrs, ) (Entered: 07/31/2007)

Utility Setting/Resetting Deadlines/Hearings: Dispositive Motions due by 1/21/2008, Proposed Pretrial Order due by 2/1/2008, Final Pretrial Conference RESET for 2/7/2008 10:30 AM before Magistrate Judge Michael J. Watanabe pursuant to Order dated 7/31/07. Text only entry - no document attached. (mrs, ) (Entered: 07/31/2007)

Unopposed MOTION for Leave to File Response to Plaintiffs' Objection to Portion of Magistrate Judge's Order on Plaintiffs' Motion to Permit Standard Discovery by Defendants Lou Vallario, Scott Dawson. (Attachments: # 1 Proposed Document # 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Proposed Order (PDF Only))(Marks, Josh) (Entered: 08/10/2007)

1 Proposed Document

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Proposed Order (PDF Only)

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MINUTE ORDER GRANTING Defendants' Unopposed 81 Motion for Leave to File Response to Plainitffs' Objection to Portion of Magistrate Judge's Order, the tendered response and exhibits are accepted for filing, by Judge Phillip S. Figa on 8/13/07.(mrs, )

RESPONSE to objection to 76 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 73 Order on Motion for Protective Order, Order on Motion for Ruling, Discovery Hearing, Plaintiffs' Objection to Portion of Magistrate Judge's Order on Plaintiff's Motion to Permit Standard Discovery filed by Defendants Lou Vallario, Scott Dawson. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K)(mrs, ) (Entered: 08/13/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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MOTION for Leave to File Reply in Support of Plaintiffs' Objection to Portion of Magistrate Judge's Order on Plaintiffs' Motion to Permit Standard Discovery by Plaintiff Clarence Vandehey, William Langley, Samuel Lincoln and Jared Hogue. (Whitehair, J.) Modified on 8/29/2007 to add filers (mrs, ). (Entered: 08/27/2007)

MOTION for Order to Proposed Order on Plaintiffs' Unopposed Motion for Leave to File Reply in Support of Plaintiffs' Objection to Portion of Magistrate Judge's Order on Plaintiffs' Motion to Permit Standard Discovery by Plaintiff Clarence Vandehey. (Whitehair, J.) (Entered: 08/27/2007)

REPLY to Response to Motion re 85 MOTION for Order to Proposed Order on Plaintiffs' Unopposed Motion for Leave to File Reply in Support of Plaintiffs' Objection to Portion of Magistrate Judge's Order on Plaintiffs' Motion to Permit Standard Discovery, 84 MOTION for Leave to File Reply in Support of Plaintiffs' Objection to Portion of Magistrate Judge's Order on Plaintiffs' Motion to Permit Standard Discovery filed by Plaintiff Clarence Vandehey, William Langley, Samuel Lincoln and Jared Hogue. (Attachments: # 1 Exhibit Exhibit A to Reply# 2 Exhibit Exhibit B to Reply# 3 Exhibit Exhibit C to Reply)(Whitehair, J.) Modified on 8/29/2007 to add filers(mrs, ). (Entered: 08/27/2007)

1 Exhibit Exhibit A to Reply

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2 Exhibit Exhibit B to Reply

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3 Exhibit Exhibit C to Reply

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MINUTE ORDER GRANTING Paintiff's Unopposed 84 Motion for Leave to File Reply in Support of Plaintiff's Objection to Portion of Magistrate Judge's Order on Plaintiffs' Motion to Permit Standard Discovery and the same is accepted for filing, by Judge Phillip S. Figa on 8/28/07.(mrs, )

Docket Annotation re: 86 Reply to Response to Motion, 84 MOTION for Leave to File Reply in Support of Plaintiffs' Objection to Portion of Magistrate Judge's Order on Plaintiffs' Motion to Permit Standard Discovery. These docket entries modified to add filers. Text only entry - no document attached. (mrs, ) (Entered: 08/29/2007)

Unopposed MOTION For Extension of Time to Allow Deposition Beyond Fact Discovery Cutoff by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Whitehair, J.) (Entered: 08/31/2007)

MEMORANDUM regarding 89 Unopposed MOTION For Extension of Time to Allow Deposition Beyond Fact Discovery Cutoff filed by Clarence Vandehey, William Langley, Samuel Lincoln, Jared Hogue. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Phillip S. Figa on 9/4/07. (Text Only Entry - No Document Attached)(mrs, ) (Entered: 09/04/2007)

Minute ORDER granting Plaintiffs' Unopposed 89 Motion to Allow Deposition Beyond Fact Discovery Cutoff to 9/14/07, by Magistrate Judge Michael J. Watanabe on 9/5/07.(gms, ) (Entered: 09/06/2007)

Unopposed MOTION For Extension of Time to Enlarge Expert Witness Deadlines by Plaintiffs Jared Hogue, Clarence Vandehey, William Langley, Samuel Lincoln. (Whitehair, J.) (Entered: 09/27/2007)

MEMORANDUM regarding 92 Unopposed MOTION For Extension of Time to Enlarge Expert Witness Deadlines filed by Clarence Vandehey, William Langley, Samuel Lincoln, Jared Hogue. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Phillip S. Figa on 9/28/07. (Text Only Entry - No Document Attached)(mrs) (Entered: 09/28/2007)

ORDER GRANTING Plaintiffs' Unopposed 92 Motion to Enlarge Expert Witness Deadlines. Discovery Cut Off extended to 12/21/07, Dispositive Motions Deadline extended to 2/1/08, Final Pretrial Conference set for 2/7/08 at 10:30 AM. Signed by Magistrate Judge Michael J. Watanabe on 10/1/07.(mrs) (Entered: 10/01/2007)

Utility Setting/Resetting Deadlines/Hearings: Discovery due by 12/21/2007, Dispositive Motions due by 2/1/2008, Final Pretrial Conference set for 2/7/2008 10:30 AM before Magistrate Judge Michael J. Watanabe (unchanged) pursuant to Order dated 10/1/07. Text only entry - no document attached. (mrs) (Entered: 10/01/2007)

Unopposed MOTION For Extension of Time to to Disclose Their FRCP 26(a)(2) Expert Report of Dr. Elizabeth Hogan by Defendants Lou Vallario, Scott Dawson. (Attachments: # 1 Proposed Order (PDF Only) re Unopposed Motion for Extension of time to Disclose Expert Report of Dr. Hogan)(Tomey, Kim) (Entered: 11/30/2007)

1 Proposed Order (PDF Only) re Unopposed Motion for Extension of time to Disclose

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MEMORANDUM regarding 96 Unopposed MOTION For Extension of Time to Disclose Their FRCP 26(a)(2) Expert Report of Dr. Elizabeth Hogan filed by Scott Dawson, Lou Vallario. Motions referred to Magistrate Judge Michael J. Watanabe, by Judge Phillip S. Figa on 12/3/07. (Text Only Entry - No Document Attached)(mrs, ) (Entered: 12/03/2007)

ORDER GRANTING Defendants' Unopposed 96 Motion for Extension of Time to Disclose their Expert Report of Dr. Elizabeth Hogan. Pretrial deadlines are amended as follows: Expert discovery cut-off is extended to 2/29/08, Dispositive motions deadline is extended to 3/28/08. Final Pretrial Conference RESET for 4/30/08 at 9:00 AM. Signed by Magistrate Judge Michael J. Watanabe on 12/4/07.(mrs, ) (Entered: 12/05/2007)

Utility Setting/Resetting Deadlines/Hearings: Discovery due by 2/29/2008. Dispositive Motions due by 3/28/2008. Final Pretrial Conference set for 4/30/2008 09:00 AM before Magistrate Judge Michael J. Watanabe pursuant to Order dated 12/4/07. Text only entry - no document attached. (mrs, ) (Entered: 12/05/2007)

Unopposed MOTION For Extension of Time to Disclose their FRCP 26(a)(2) Expert Report by Defendants Lou Vallario, Scott Dawson. (Attachments: # 1 Proposed Order (PDF Only) re Extension of Time, # 2 Exhibit Ex A to Motion for EOT)(Tomey, Kim) (Entered: 12/14/2007)

1 Proposed Order (PDF Only) re Extension of Time

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2 Exhibit Ex A to Motion for EOT

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