208 F.R.D. 428

349 F.Supp.2d 1

349 F.Supp.2d 30

Ann Nicholson

CLASS COMPLAINT filed by plaintiff CYNTHIA CARTER MCREYNOLDS, plaintiff LISA MITCHELL, plaintiff ROBERT MORRIS JR., plaintiff CHIP MOSS, plaintiff MARILYN MCNISH, plaintiff EZZIE L. HENRY, plaintiff DWAIN P. RICHARDSON, plaintiff TARSHA ANN HARDY, plaintiff GAIL L. DARLINGTON, plaintiff SAMUEL COKES; jury demand; exhibit (1) (tb) Modified on 03/13/2001 (Entered: 03/13/2001)

SUMMONS (1) issued for defendant SODEXHO MARRIOTT (tb)

RETURN OF SERVICE/AFFIDAVIT of summons and complaint executed on 3/9/01 upon defendant SODEXHO MARRIOTT (tb) (Entered: 03/13/2001)

MOTION filed by plaintiff CYNTHIA CARTER MCREYNOLDS, plaintiff LISA MITCHELL, plaintiff ROBERT MORRIS JR., plaintiff CHIP MOSS, plaintiff MARILYN MCNISH, plaintiff EZZIE L. HENRY, plaintiff DWAIN P. RICHARDSON, plaintiff TARSHA ANN HARDY, plaintiff GAIL L. DARLINGTON, plaintiff SAMUEL COKES to waive 90-day time limit to file motion for class certification (cas) (Entered: 03/30/2001)

ANSWER TO COMPLAINT [1-1] by defendant SODEXHO MARRIOTT. (ag) (Entered: 03/30/2001)

LCvR 26.1 Certificate of disclosure of corporate affiliations and financial interests by defendant SODEXHO MARRIOTT (ag) (Entered: 04/03/2001)

ORDER by Judge Ellen S. Huvelle : granting motion to waive 90-day time limit to file motion for class certification [3-1] by plaintiffs (N) (gdf) (Entered: 04/02/2001)

SCHEDULING ORDER by Judge Ellen S. Huvelle Meet Confer hearing set for 10:30 4/27/01 . (N) (gdf) (Entered: 04/02/2001)

JOINT DISCOVERY PLANNING CONFERENCE REPORT CONFERENCE REPORT by plaintiffs and defendants (bjsp) (Entered: 04/26/2001)

BRIEF STATEMENT OF THE CASE by plaintiffs; exhibits (2) (bjsp) (Entered: 04/27/2001)

MEET AND CONFER STATUS HEARING before Judge Ellen S. Huvelle: order to be presented by counsel. Reporter: Jon Hundley, Miller Reporting (gdf)

SCHEDULING ORDER by Judge Ellen S. Huvelle that joinder of additional parties and amendment of the pleading shall be done by 6/08/01;motion due 8/20/01 ; response to motion due 9/17/01 ; reply to motion due 10/1/01; (N) (see order for detail) (gdf) (Entered: 04/30/2001)

MOTION filed by plaintiffs to limit defendant's contact with putative class members (ag) (Entered: 05/23/2001)

STATUS HEARING before Judge Ellen S. Huvelle: denying both plaintiff and defendant's motions. Order to be presented. Reporter: Monica Mazzeo (gdf)

ORDER by Judge Ellen S. Huvelle: denying motion to limit plaintiffs' counsel's contact with putative class members [13-1] by SODEXHO MARRIOTT, denying motion to limit defendant's contact with putative class members [11-1] by plaintiffs (N) (gdf) (Entered: 05/30/2001)

RESPONSE by defendant SODEXHO MARRIOTT in opposition to motion to limit defendant's contact with putative class members [11-1] by plaintiffs. (ag) (Entered: 05/29/2001)

MOTION filed by defendant SODEXHO MARRIOTT to limit plaintiffs' counsel's contact with putative class members ; Exhibits (1) (ag) (Entered: 05/29/2001)

MOTION filed by plaintiff to compel the production of email and other documents that discuss or refer to this lawsuit ; Exhibits (6) (ag) (Entered: 07/17/2001)

JOINT MOTION by plaintiffs and defendants for the Court to amend the 4/30/01 order that joinder of additional parties and amendment of the pleading shall be done by 6/08/01;motion due 8/20/01 ; response to motion due 9/17/01 ; reply to motion due 10/1/01; [10-1], order [10-2] (bjsp) (Entered: 07/27/2001)

RESPONSE by defendant SODEXHO MARRIOTT in opposition to motion to compel the production of email and other documents that discuss or refer to this lawsuit [15-1] by plaintiff's; exhibit's (3) (cas) (Entered: 07/30/2001)

ORDER by Judge Ellen S. Huvelle: granting joint motion for the Court to amend the 4/30/01 order that joinder of additional parties and amendment of the pleading shall be done by 6/08/01; [10-1], order [10-2] [16-1] by defendant, plaintiff (N) (see order for detail) (gdf) (Entered: 08/01/2001)

REPLY by plaintiff in support of motion to compel the production of email and other documents that discuss or refer to this lawsuit [15-1] by plaintiffs; Declarations (1); Exhibits (16) (ag) (Entered: 08/06/2001)

MOTION HEARING before Judge Ellen S. Huvelle: motion to compel granted/denied in part. Tele-conference set for 10:00 8/15/01 Reporter: Jon Hundley, Miller (gdf)

ORDER by Judge Ellen S. Huvelle : granting in part, denying in part motion to compel the production of email and other documents that discuss or refer to this lawsuit [15-1] Tele-conference set for 10:00 8/15/01 (N) (gdf) (Entered: 08/09/2001)

TRANSCRIPT of a Motion Hearing filed for date(s) of 8/7/01. Reporter: Jon Hundley (ag) (Entered: 08/15/2001)

STATEMENT filed by defendant SODEXHO MARRIOTT, regarding: estimated costs of e-mail discovery for purposes of conference call with opposing counsel and judge; exhibit (1) (cjp) (Entered: 08/15/2001)

ORDER by Judge Ellen S. Huvelle: that the out of pocket cost up to $29,231.70 for discovery of e-mails relating to the motion for class certification shall be split equally between defendant and plaintiffs. Defendant shall bear the cost of attorney time for privilege review of these documents, as well as any out of pocket costs in excess of $29,231.70. This order shall be subject to reconsideration in the event that the e-mails from corporate headquarters cannot be reviewed as a result of defendant's destruction of the backup tapes (N) (gdf) (Entered: 08/17/2001)

MOTION filed by defendant SODEXHO MARRIOTT for George W. Johnston to appear pro hac vice (VENABLE, BAETJER AND HOWARD, LLP, 1800 Mercantile Bank & Trust Bldg., Two Hopkins Plaza, Baltimore, MD 21201, (410) 244-7400) (nmr) (Entered: 10/10/2001)

ORDER by Judge Ellen S. Huvelle : granting motion for George W. Johnston to appear pro hac vice (VENABLE, BAETJER AND HOWARD, LLP, 1800 Mercantile Bank & Trust Bldg., Two Hopkins Plaza, Baltimore, MD 21201, (410) 244-7400) [24-1] by SODEXHO MARRIOTT (N) (gdf) (Entered: 10/12/2001)

REQUEST by plaintiff for conference call with the court regarding defendant's failure to produce responsive emails ; attachments (3) (nmr) (Entered: 10/17/2001)

RESPONSE (OPPOSITIONS) by defendant SODEXHO MARRIOTT to request for conference call with the court regarding defendant's failure to produce responsive emails [26-1] by plaintiffs; exhibits (3). (nmr) (Entered: 10/18/2001)

ORDER by Judge Ellen S. Huvelle: Referring all discovery to Magistrate Judge Kay (N) (gdf) (Entered: 10/23/2001)

ORDER by Judge Ellen S. Huvelle: granting request for conference call with the court regarding defendant's failure to produce responsive emails [26-1] by plaintiffs; counsel shall meet before 10/31/01, to resolve any issues surrounding the use and development of the e-mail database; that defendant must produce to plaintiffs by 10/31/01, a privilege log of all documents withheld up to that date (N) (See order for detail) (gdf) (Entered: 10/23/2001)

CASE REFERRED to Magistrate Judge Alan Kay for discovery dispute (mmh)

MOTION filed by plaintiff to extend time of the cut-off for expert class discover to 11/7/01 (nmr) (Entered: 10/30/2001)

ORDER by Judge Ellen S. Huvelle : granting motion to extend time of the cut-off for expert class discover to 11/7/01 [30-1] by plaintiffs; Discovery now closes 11/7/01 (N) (pob) (Entered: 10/31/2001)

JOINT MOTION by plaintiffs, defendant for amended class certification scheduling order (nmr) (Entered: 11/08/2001)

ORDER by Judge Ellen S. Huvelle : granting joint motion for amended class certification scheduling order [32-1] by defendant, plaintiff motion for class certification due 12/7/01 ; response to motion due 1/18/02 ; reply to motion due 2/15/02 (N) (rew) (Entered: 11/09/2001)

CASE referral ended as to Magistrate Judge Alan Kay. (kk)

MOTION filed by plaintiffs for class certification ; exhibits (APPENDIX VOLUMES I AND II 1THRU96) (cas) (Entered: 12/10/2001)

MOTION filed by plaintiff to compel production of documents withheld on asserted groundss of privilege ; exhibits (14) (cas) (Entered: 01/09/2002)

ORDER by Judge Ellen S. Huvelle: referring discovery to Magistrate Judge Kay (N) (gdf) (Entered: 01/09/2002)

CASE REFERRED to Magistrate Judge Alan Kay for discovery disputes (mmh)

MOTION (CORRECTED) filed by plaintiffs to compel production of documents witheld on asserted grounds of privilege (cas) (Entered: 01/10/2002)

MOTION filed by defendant SODEXHO MARRIOTT to extend time to 1/29/02 to respond to motion to compel ; exhibits (3) (cas) (Entered: 01/11/2002)

MEMORANDUM by plaintiff in opposition to motion to extend time to 1/29/02 to respond to motion to compel [38-1] by SODEXHO MARRIOTT; exhibits (10) (cas) (Entered: 01/15/2002)

REPLY by defendant SODEXHO MARRIOTT to response in opposition to their motion for extension of time to respond to plaintiff's motion to compel; Exhibit (1). (ks) Modified on 01/31/2002 (Entered: 01/31/2002)

MEMORANDUM ORDER by Magistrate Judge Alan Kay : granting motion by defendant SODEXHO MARRIOTT to extend time to 1/29/02 to respond to motion to compel [38-1]; defendant's response to plaintiffs' motion to compel due by 1/29/02 (N) (kk) (Entered: 01/18/2002)

RESPONSE by defendant SODEXHO MARRIOTT in opposition to motion for class certification [34-1] by plaintiffs; Exhibits (62). (nmr) (Entered: 01/22/2002)

RESPONSE by defendant SODEXHO MARRIOTT in opposition to motion to compel production of documents witheld on grounds of privilege [37-1] by plaintiffs; Attachments (3). (nmr) (Entered: 01/30/2002)

REPLY by plaintiff to response in opposition to motion to compel production of documents witheld on asserted grounds of privilege [37-1] by plaintiffs; Exhibits (4) (nmr) (Entered: 02/06/2002)

ORDER by Magistrate Judge Alan Kay : deferring plaintiffs' corrected motion to compel production of documents withheld on asserted grounds of privilege [37-1] until after the Court reviews the documents in camera ; directing that said documents be delivered to the Court within 7 days from the date of receipt of this order (N) (kk) (Entered: 02/08/2002)

RESPONSE by defendant SODEXHO MARRIOTT to the Courts 2/7/02 order for defendant to submit identified documents to the Court for an in camera review and corrected declaration of J. Victor Waye, ESQ [45-3]; exhibit (1) (bjsp) (Entered: 02/15/2002)

REPLY by plaintiff to response in opposition to motion for class certification [34-1] by plaintiffs; Exhibits (44) (nmr) (Entered: 02/19/2002)

MOTION filed by defendant SODEXHO MARRIOTT for leave to file surreply memorandum in opposition to motion for class certification ; EXHIBIT (SURREPLY) (nmr) (Entered: 03/13/2002)

RESPONSE by plaintiffs in opposition to motion for leave to file surreply memorandum in opposition to motion for class certification [48-1] by SODEXHO MARRIOTT; Exhibits (5). (nmr) (Entered: 03/22/2002)

REPLY by defendant SODEXHO MARRIOTT to response in opposition to motion for leave to file surreply memorandum in opposition to motion for class certification [48-1] by SODEXHO MARRIOTT; Attachment (1) (nmr) (Entered: 04/02/2002)

ORDER by Judge Ellen S. Huvelle : granting motion for leave to file surreply memorandum in opposition to motion for class certification [48-1] by SODEXHO MARRIOTT (N) (gdf) (Entered: 04/08/2002)

SURREPLY by defendant SODEXHO MARRIOTT to motion for class certification [34-1] by plaintiffs; Exhibits (4) (nmr) (Entered: 04/10/2002)

MEMORANDUM OPINION by Magistrate Judge Alan Kay (N) (kk) (Entered: 04/10/2002)

ORDER by Magistrate Judge Alan Kay : granting in part and denying in part, plaintiffs' corrected motion to compel production of documents witheld on asserted grounds of privilege [37-1]; directing that within 10 days from the date of receipt of this order, the defendant shall produce documents numbered 1 (may redact handwritten notes), 39, 43-45, 48-51, 190, 191, 276, 277, 326, 363, 367, 376, 454-456, 493, 512, 513 (may redact handwritten notes), 519, 520, 609-611, 629, 630-633, 636-639, 643-646, 652, 658-660, 672, 673 and 689 ; directing that documents numbered 2, 155, 253-258, 263, 492, 517, 518, 544, 545, 641, 642, 650, 664-669, 674, 682, 683, 687, 688 and 690 are privileged or protected, and need not be produced (N) (kk) (Entered: 04/10/2002)

MEMORANDUM OPINION by Judge Ellen S. Huvelle (N) (gdf) (Entered: 06/27/2002)

ORDER by Judge Ellen S. Huvelle : granting motion for class certification [34-1] by plaintiffsssssssss status hearing set for 9:45 7/12/02 ; (N) (gdf) (Entered: 06/27/2002)

PROPOSED SCHEDULE plans by plaintiffs, defendant (bcs) (Entered: 07/09/2002)

STATUS HEARING before Judge Ellen S. Huvelle: Reporter: Jon Hundley, Miller (gdf)

STATUS HEARING before Judge Ellen S. Huvelle : status hearing set for 11:00 12/2/02 ; Reporter: Ed Hawkins (jf)

TRANSCRIPT filed of status conference before Judge Ellen Segal Huvelle for date(s) of 10/1/02. Reporter: Edward N. Hawkins (nmr) (Entered: 10/29/2002)

RESPONSE by plaintiffs to Order dated 10/1/02 directing the filing of a proposed discovery plan. (nmr) (Entered: 11/26/2002)

STATUS HEARING before Judge Ellen S. Huvelle: Status hearing set for 9:30 a.m. on 1/9/03 ; Reporter: Santa Zizzo (gdf)

SCHEDULING ORDER by Judge Ellen S. Huvelle discovery closes 12/1/03; Status hearing set for 9:30 a.m. on 1/9/03 and further Status set for 12:00 p.m. on 12/15/03 ;, referring discovery diputes to Magistrate Judge Kay (N) (gdf) (Entered: 12/04/2002)

CASE RE-REFERRED to Magistrate Judge Alan Kay for discovery disputes (cp)

TRANSCRIPT filed of status conference before Judge Huvelle for date(s) of 12/2/02. Reporter: Santa Zizzo (nmr) (Entered: 12/09/2002)

SCHEDULING ORDER by Judge Ellen S. Huvelle discovery closes 12/1/03 ; referring discovery dispute to Magistrate Judge Kay (N) (gdf) (Entered: 12/19/2002)

STATUS HEARING before Judge Ellen S. Huvelle: Status hearing set for 2:00 p.m. on 5/16/03 Reporter: Jackie Wood, Miller Reporter (gdf)

ORDER by Judge Ellen S. Huvelle: that salaried African-American employees who were not employed by Sodexho Marriott Services, Inc. at any time between March 27, 1998 and July 1, 2001 are members of the class certified by this Court on June 27, 2002; for the purposes of determining liability in this case, promotion decisions that occured after June 22, 2001 shall not be considered (N) (gdf) (Entered: 01/15/2003)

TRANSCRIPT filed for status hearing date(s) of 1/9/03. Reporter: Jacqueline L. Wood, Miller Reporting Company (bcs) (Entered: 02/04/2003)

MOTION filed by plaintiffs to quash suboenas served on third parties ; exhibits (3) (bcs) (Entered: 02/07/2003)

RESPONSE by defendant SODEXHO MARRIOTT in opposition to motion to quash suboenas served on third parties [65-1] by plaintiffs; Exhibits (11). (nmr) (Entered: 02/20/2003)

COPY of Order filed in USCA dated 02/25/03, referencing, directing the petition for leave to appeal is denied. USCA # 02-8008 (cp) (Entered: 03/06/2003)

REPLY by plaintiffs in support of motion to quash suboenas served on third parties [65-1] by plaintiffs; Exhibits (17) (nmr) (Entered: 03/04/2003)

MOTION filed by defendant SODEXHO MARRIOTT to increase the number of depositions and to permit defendant to have ex parte conversations with seven class members who were involved in decisions challenged by other class members ; Exhibits (2) (nmr) (Entered: 03/13/2003)

SUPPLEMENTAL MEMORANDUM by defendant SODEXHO MARRIOTT in support of motion to increase the number of depositions [69-1] by SODEXHO MARRIOTT; Attachment (1). (ks) (Entered: 03/25/2003)

RESPONSE by plaintiffs in opposition to motion to increase the number of depositions and to permit defendant to have ex parte conversations with seven class members who were involved in decisions challenged by other class members [69-1] by SODEXHO MARRIOTT; Exhibits (16). (nmr) (Entered: 03/27/2003)

REPLY by defendant SODEXHO MARRIOTT to response in opposition to motion to increase the number of depositions and to permit defendant to have ex parte conversations with seven class members who were involved in decisions challenged by other class members [69-1] by SODEXHO MARRIOTT; Exhibits (4) (nmr) (Entered: 04/03/2003)

SUPPLEMENTAL MEMORANDUM by plaintiffs in opposition to motion to increase the number of depositions [69-1] by SODEXHO MARRIOTT; Exhibits (4) (nmr) (Entered: 04/07/2003)

MOTION filed by defendant SODEXHO MARRIOTT to compel answers to interrogatories and request for production of documents ; Exhibits (5) (nmr) (Entered: 04/09/2003)

MEMORANDUM OPINION by Magistrate Judge Alan Kay (N) (kk) (Entered: 04/11/2003)

REPLY by defendant SODEXHO MARRIOTT to opposition to supplemental memorandum in support of defendant's motion to increase the number of depositions [73-1] by plaintiffs. (nmr) (Entered: 04/14/2003)

ORDER by Magistrate Judge Alan Kay : granting in part and denying in part, motion by plaintiffs to quash subpoenas served on third parties [65-1] (N) (kk) (Entered: 04/15/2003)

MOTION filed by defendant SODEXHO MARRIOTT to compel the deposition of plaintiff William Snell ; Exhibits (6) (nmr) (Entered: 04/18/2003)

SUPPLEMENTAL MEMORANDUM by plaintiffs in opposition to motion to increase the number of depositions and to permit defendant to have ex parte conversations with seven class members who were involved in decisions challenged by other class members [69-1] by SODEXHO MARRIOTT; exhibits (2) (bcs) (Entered: 04/21/2003)

MOTION filed by defendant SODEXHO MARRIOTT for protective order to preclude the deposition of Pierre Bellon ; Exhibits (5) (nmr) (Entered: 04/22/2003)

RESPONSE by plaintiffs in opposition to motion to compel answers to interrogatories and request for production of documents [74-1] by SODEXHO MARRIOTT; Exhibits (24). (nmr) (Entered: 04/22/2003)

MOTION filed by plaintiffs for protective order to protect absent class members from depositions by defendant : Exhibits (5) (nmr) (Entered: 04/23/2003)

NOTICE OF WITHDRAWAL of motion to compel the deposition of plaintiff William Snell [78-1] by SODEXHO MARRIOTT (nmr) (Entered: 04/24/2003)

MOTION filed by defendant SODEXHO MARRIOTT to strike supplemental memorandum in opposition to defendant's motion to increase the number of depositions [79-1] (nmr) (Entered: 04/29/2003)

REPLY by defendant SODEXHO MARRIOTT to response in opposition to motion to compel answers to interrogatories and request for production of documents [74-1] by SODEXHO MARRIOTT (nmr) (Entered: 04/29/2003)

MOTION filed by defendant SODEXHO MARRIOTT to modify discovery order ; Exhibits (5) (nmr) (Entered: 04/29/2003)

MEMORANDUM (AMENDED) by defendant SODEXHO MARRIOTT in support of motion to modify discovery order [86-1] by SODEXHO MARRIOTT; Exhibits (5) (nmr) (Entered: 04/29/2003)

ERRATA by defendant SODEXHO MARRIOTT amending Local Rule 7.1(m) statement regarding defendant's motion to strike plaintiffs' surreply. (nmr) (Entered: 04/30/2003)