Case: Ketchum v. Sunoco Inc.

Ketchum v. Sunoco, Inc.

Ketchum v. Sunoco

Ketchum v. Sunoco

Complaint. filing fee $ 150 receipt # 755333 (fe) (Entered: 03/05/2001)

Special Case Management Track. (fe) (Entered: 03/05/2001)

Summons(es) issued, 1 original Forwarded to: Counsel 03/05/01 (fe) (Entered: 03/05/2001)

Demand for jury trial by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF THOMAS LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PARISH, PLAINTIFF THEODORE I. BUSCH JR.. (fe) (Entered: 03/05/2001)

Affidavit of: Dudley G. Brown re: served summons and complaint upon Brian Matthew Rhodes, Esq. on behalf of DEFENDANT SUNOCO, INC. . Served by: Personal Service on 3/19/01 . (mbh) (Entered: 03/29/2001)

Appearance of CHARISSE R. LILLIE, MAUREEN M. RAYBORN, SUSAN R. BECKER for DEFENDANT SUNOCO, INC., Certificate of Service. (mbh) (Entered: 04/10/2001)

ORDER THAT THE PARTIES AGREED TO SUBMIT A STIPULATION TO THE COURT MEMORIALIZING AN AGREEMENT THAT THE DEFT SHALL HAVE AN ADDITIONAL 60 DAYS TO ANSWER PLFFS' COMPLAINT. THIS STIPULATION WILL ALSO REFLECT AN AGREEMENT THAT THE TIME IN WHICH TO CONDUCT CLASS DISCOVERY SHALL BE EXTENDED UNTIL 10/1/01. ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 4/13/01 ENTERED AND COPIES MAILED AND FAXED. (gn) (Entered: 04/13/2001)

Answer to Complaint by DEFENDANT SUNOCO, INC. with Affirmative Defenses, Certificate of Service. (mbh) (Entered: 05/29/2001)

ISSUE JOINED. (mbh) (Entered: 05/30/2001)

CONFIDENTIALITY AGREEMENT AND ORDER RE: DISCOVERY ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 8/29/01 ENTERED AND COPIES MAILED AND FAXED. (mbh) (Entered: 08/29/2001)

Certain documents governed by Protective Order. (mbh) (Entered: 08/29/2001)

AMENDED STIPULATION AND ORDER THAT CLASS RELATED DISCOVERY SHALL BE COMPLETED BY 12/10/01; PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION ON OR BEFORE 1/10/02 DEFENDANT SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 1/31/02; PLAINTIFFS SHALL FILE A REPLY ON OR BEFORE 2/15/02; DEFENDANT SHALL FILE A ON OR BEFORE 3/1/02 ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 10/2/01 ENTERED AND COPIES MAILED AND FAXED. (mbh) Modified on 10/02/2001 (Entered: 10/02/2001)

STIPULATION AND ORDER THAT PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION ON OR BEFORE 4/10/02. DEFENDANT SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 5/1/02. PLAINTIFFS SHALL FILE A REPLY, IF ANY, ON OR BEFORE 5/15/02. DEFENDANT SHALL FILE A SUR−REPLY, IF ANY, ON OR BEFORE 5/29/02 ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 1/18/02 ENTERED AND COPIES MAILED AND FAXED. (mbh) Modified on 01/18/2002 (Entered: 01/18/2002)

Report of Pretrial Conference held on 3/15/02. (mbh) (Entered: 03/18/2002)

STIPULATION AND ORDER THAT PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION ON OR BEFORE 6/7/02; ETC. ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 4/8/02 ENTERED AND COPIES MAILED AND FAXED. (jl) (Entered: 04/08/2002)

STIPULATION AND ORDER THAT PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION ON OR BEFORE 9/10/02 ; DEFENDANT SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 10/10/02; PLAINTIFFS SHALL FILE A REPLY, IF ANY, ON OR BEFORE 10/24/02, AND DEFENDANT SHALL FILE A SUR−REPLY, IF ANY, ON OR BEFORE 11/7/02. (SIGNED BY JUDGE CLIFFORD S. GREEN) 6/11/02 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 06/11/2002)

STIPULATION AND ORDER THAT PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS CERTIFICATION ON OR BEFORE 11/15/02 , DEFENDANT SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION ON OR BEFORE 12/16/02 , AND PLAINTIFFS SHALL FILE A REPLY, IF ANY, ON OR BEFORE 12/31/02, AND DEFENDANT SHALL FILE A SUR−REPLY, IF ANY, ON OR BEFORE 1/14/03. (SIGNED BY JUDGE CLIFFORD S. GREEN) 9/12/02 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 09/12/2002)

ORDER THAT THIS MATTER IS REFERRED TO U.S. MAGISTRATE JUDGE DIANE M. WELSH FOR A SETTLEMENT CONFERENCE TO BE SCHEDULED BY THE MAGISTRATE JUDGE ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 10/16/02 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 10/16/2002)

MOTION by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF THOMAS LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PARISH, PLAINTIFF THEODORE I. BUSCH JR. FOR PARTIAL CLASS CERTIFICATION , MEMORANDUM, APPENDIX IN SUPPORT VOLUME I, APPENDIX IN SUPPORT VOLUME II, APPENDIX IN SUPPORT VOLUME III, CERTIFICATE OF SERVICE. (cdd) (Entered: 02/04/2003)

Memorandum of Law by DEFENDANT SUNOCO, INC. in Response to PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION, Exhibits in Support 1−10, Exhibits in Support 11−16, Exhibits in Support 17−41, Certificate of Service. (cdd) Modified on 02/25/2003 (Entered: 02/25/2003)

Reply Memorandum by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF THOMAS LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PARISH, PLAINTIFF THEODORE I. BUSCH JR. in Support of Plaintiffs' MOTION FOR PARTIAL CLASS CERTIFICATION, Certificate of Service. (cdd) (Entered: 03/11/2003)

Supplemental Appendix by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PLAINTIFF THEODORE I. BUSCH JR., DEFENDANT SUNOCO, INC. in Support of PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION, Certificate of Service. (cdd) (Entered: 03/11/2003)

Sur−Reply Memorandum by DEFENDANT SUNOCO, INC. in support of Its Response to PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION, Certificate of Service. (cdd) (Entered: 03/25/2003)

ORDER THAT A HEARING CONCERNING PLAINTIFF'S MOTION FOR PARTIAL CLASS CERTIFICATION WILL BE HELD ON 4/10/03 AT 10:00 A.M. IN COURTROOM 15−B. ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 3/25/03 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 03/25/2003)

Minute entry: N. O'Neill, Court Reporter. Hearing held 4/10/03 Re: Motion for partial class certification. Plff's witness, Dr. Janice F. Madden called and sworn. Deft's witness, Dr. Bernard siskin called and sworn. Plff's and Deft's closing statements to the Court. Plff's rebuttal. CAV (cdd) (Entered: 04/11/2003)

MOTION by DEFENDANT SUNOCO, INC. FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MEMORANDUM IN RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION , CERTIFICATE OF SERVICE. (signed Supplemental Memorandum attached) (cdd) Modified on 04/24/2003 (Entered: 04/24/2003)

ORDER THAT DEFENDANT'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MEMORANDUM IN RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION IS GRANTED, AND THE BRIEF ATTACHED TO THIS APPLICATION IS DEEMED FILED AS OF THE DATE OF THIS ORDER. (SIGNED BY JUDGE CLIFFORD S. GREEN) 4/28/03 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 04/28/2003)

Supplemental Memorandum by DEFENDANT SUNOCO, INC. in support of Defendant's Memorandum in Response to Plaintiff's Motion for Class Certification. (cdd) (Entered: 04/28/2003)

APPLICATION by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PARISH, PLAINTIFF THEODORE I. BUSCH JR. FOR LEAVE TO FILE A RESPONSE TO DEFENDANT'S SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MEMORANDUM IN RESPONSE TO PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION , CERTIFICATE OF SERVICE. (signed Response attached) (cdd) (Entered: 04/30/2003)

ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE A RESPONSE TO DEFENDANT'S SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MEMORANDUM IN RESPONSE TO PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION IS GRANTED AND THE BRIEF ATTACHED TO THE APPLICATION IS DEEMED FILED AS OF THE DATE OF THIS ORDER. ( SIGNED BY JUDGE CLIFFORD S. GREEN ) 5/2/03 ENTERED AND COPIES MAILED AND FAXED. (cdd) (Entered: 05/02/2003)

Supplemental Memorandum of Law by PLAINTIFF DEWAYNE KETCHUM, PLAINTIFF EVERETT L. RICHARDSON JR., PLAINTIFF ROBERT J. HARRIS, PLAINTIFF LONG, PLAINTIFF BARBARA A. NEARON, PLAINTIFF LEVETTE PLAINTIFF THEODORE I. BUSCH JR. in Response to Defendant's Supplemental Memorandum of Law Regarding Class Certification Expert Issues. (cdd) (Entered: 05/02/2003)

TRANSCRIPT of Oral Argument held on 4/10/03 before Judge Hon. Clifford Scott Green. Court Reporter: Nancy O'Neill, OCR. (cdd, ) (Entered: 06/02/2003)

MEMORANDUM AND ORDER THAT PLAINTIFFS' MOTION FOR PARTIAL CLASS CERTIFICATION IS GRANTED AND THAT A CLASS CONSISTING OF ALL AFRICAN−AMERICAN EXEMPT EMPLOYEES OF SUNOCO, INC. EMPLOYED IN THE PHILADELPHIA AREA (AS PREVIOUSLY DEFINED BY THE PARTIES) AT ANYTIME DURING THE PERIOD OF JANUARY 1, 1996 TO THE PRESENT IS HEREBY CERTIFIED PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23(b)(2). IT IS FURTHER ORDERED THAT PLAINTIFFS DEWAYNE KETCHUM, EVERETT L. RICHARDSON, THOMAS LONG, ROBERT J. HARRIS, BARBARA A. NEARON AND THEODORE I. BUSCH ARE HEREBY DESIGNATED AS REPRESENTATIVES OF THE CLASS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 7/11/03.7/14/03 ENTERED AND COPIES MAILED AND FAXED. (cdd, ) Modified on 7/14/2003 (cdd, ). Modified on 7/14/2003 (cdd, ). (Entered: 07/14/2003)

MOTION FILED BY SUNOCO, INC. FOR RECONSIDERATION OF THE COURT'S ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL CLASS CERTIFICATION, MEMORANDUM, CERTIFICATE OF SERVICE.(cdd, ) (Entered: 07/29/2003)

NOTICE of Appearance by CHRISTIN E. CONNOLLY on behalf of SUNOCO, INC. and Withdraw of Appearance of Susan R. Becker on behalf of Defendant Sunoco, Certificate of Service. (cdd, ) (Entered: 08/05/2003)

Plainitffs' Memorandum of Law in Opposition to Motion for Reconsideration of the Court's Order Granting Partial Class Certification filed by THEODORE I. BUSCH JR., ROBERT J. HARRIS, DEWAYNE KETCHUM, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, EVERETT L. RICHARDSON JR., Certificate of Service. (ar, ) (Entered: 08/12/2003)

ORDER THAT A CONFERENCE WILL BE HELD IN THE ABOVE CAPTIONED CASE ON 10/8/03 AT 3:00 P.M. IN CHAMBERS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 9/17/03. 9/18/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 09/18/2003)

Certified Copy of Order from U.S. Court of Appeals for the Third Circuit dated 9/26/03 that the Motions for Leave to File Exhibits Attached to Sunoco's First and Second Petitions for Permission to Appeal Order Granting Class Certification are Granted. The First and Second Petitions for Permission to Appeal Order Granting Class Certification Under Rule 23(B)(2) are Denied. (cdd, ) (Entered: 09/29/2003)

ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD IN THE ABOVE−CAPTIONED CASE ON 12/9/03 AT 9:00 A.M. IN CHAMBERS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 11/20/03. 11/21/03 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 11/21/2003)

ORDER THAT DISCOVERY DUE BY 2/6/2004. DISPOSITIVE MOTIONS DUE BY 4/16/2004. PRETRIAL MEMORANDA DUE BY 4/30/2004. TRIAL DATE SET FOR 5/3/2004. ( SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 12/18/03. ) 12/19/03 ENTERED AND COPIES MAILED AND FAXED.(gn, ) (Entered: 12/19/2003)

FURTHER STIPULATION AND ORDER REGARDING DISCOVERY: DISCOVERY SHALL BE COMPLETED BY 4/16/2004; ANY DISPOSITIVE MOTIONS OR MOTIONS IN LIMINE SHALL BE FILED BY 7/2/2004; FINAL PRETRIAL MEMORANDA SHALL BE FILED BY 7/9/2004; TRIAL SHALL COMMENCE BY 7/19/2004. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 1/26/2004. 1/27/2004 ENTERED AND COPIES MAILED AND FAXED.(mbh, ) (Entered: 01/27/2004)

ORDER THAT THE SETTLEMENT CONFERENCE SCHEDULED FOR 3/11/04 IS HEREBY RESCHEDULED TO 3/15/04 AT 10:00 A.M. IN CHAMBERS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 3/1/04. 3/2/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 03/02/2004)

STIPULATION AND ORDER THAT THE PARTIES WILL HAVE UNTIL 4/23/04 TO REACH A SETTLEMENT. IF THEY ARE UNABLE TO DO SO, THE PARTIES SHALL COMPLETE DISCOVERY BY THE END OF MAY 2004. ANY MOTIONS IN LIMINE OR POTENTIALLY DISPOSITIVE MOTIONS SHALL BE FILED ON OR BEFORE 6/28/04. SUBJECT TO THE COURT'S AVAILABILITY, TRIAL SHALL COMMENCE ON OR ABOUT 7/19/04. SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 3/15/04. 3/15/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) Modified on 3/15/2004 (cdd, ). Modified on 3/15/2004 (cdd, ). (Entered: 03/15/2004)

MOTION for Protective Order filed by SUNOCO, INC..Brief and Certificate of Service. (Attachments: # 1 Exhibit A through J)(KENNEDY, WILLIAM) (Entered: 05/07/2004)

Answer filed by THEODORE I. BUSCH JR., ROBERT J. HARRIS, DEWAYNE KETCHUM, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, EVERETT L. RICHARDSON JR. to the Motion of Defendant Sunoco, Inc. for Protective Order, Memorandum, Certificate of Service. (cdd, ) (Entered: 05/24/2004)

MOTION to Compel Answers to Interrogatories and Requests for Production of Documents filed by SUNOCO, INC., CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (CONNOLLY, CHRISTIN) Modified on 6/1/2004 (np). (Entered: 05/28/2004)

ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD IN THE ABOVE−CAPTIONED CASE ON 6/24/04 AT 3:30 P.M. IN CHAMBERS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 6/14/04. 6/14/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 06/14/2004)

MOTION TO COMPEL DEFENDANT TO PRODUCE ROLF NAKU, JOEL MANESS, AND MARGARET SOFIO FOR DEPOSITION AS CORPORATE DESIGNEES UNDER RULE 30(b)(6) AND TO DESIGNATE A WITNESS TO TESTIFY CONCERNING CERTAIN SUBJECT MATTER AREAS FILED BY THEODORE I. BUSCH JR., ROBERT J. HARRIS, DEWAYNE KETCHUM, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, EVERETT L. RICHARDSON JR., MEMORANDUM, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE.(mar, ) (Entered: 06/16/2004)

PLFFS' MOTION TO COMPEL PRODUCITONOF DOCUMENTS, CERTIFICATION, MEMO, CERTIFICATE OF SERVICE.(sc, ) (Entered: 06/23/2004)

ORDER THAT THE DEFENDANT'S MOTION FOR PROTECTIVE ORDER, DEFENDANT'S MOTION TO COMPEL, AND PLAINTIFF'S MOTION TO COMPEL ARE DISMISSED WITHOUT PREJUDICE, ETC.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 6/29/04.7/12/04 ENTERED AND COPIES MAILED AND FAXED. (cdd, ) (Entered: 07/12/2004)

Report Of Conference held 8/12/04 RE: settlement was discussed. (cdd, ) (Entered: 08/16/2004)

UNOPPOSED MOTION FOR: (1) PRELIMINARY APPROVAL OF A PROPOSED SETTLEMENT, AND (2) AUTHORIZATION TO DISSEMINATE NOTICE BY THEODORE I. BUSCH JR., ROBERT J. HARRIS, DEWAYNE KETCHUM, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, EVERETT L. RICHARDSON JR.MEMORANDUM, CERTIFICATE OF SERVICE.(stb, ) Additional attachment(s) added on 11/9/2004 (cdd, ). (Entered: 10/13/2004)

ORDER THAT THE PROPOSED SETTLEMENT OF THIS ACTION SET FORTH IN THE SETTLEMENT AGREEMENT TENDERED BY THE PARTIES APPEARS TO BE REASONABLE AND IS ENTITLED TO THIS COURT'S PRELIMINARY APPROVAL; THE PARTIES MAY DISSEMINATE, BY FIRST CLASS MAIL, THE PROPOSED NOTICE ATTACHED HERETO; AND A FINAL FAIRNESS HEARING IN THIS MATTER IS SET TO TAKE PLACE ON 11/30/04 AT 10:00 A.M. IN COURTROOM 15B.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 10/20/04. 10/22/04 ENTERED AND COPIES FAXED AND MAILED.(cdd, ) Modified on 10/22/2004 (cdd, ). Modified on 10/22/2004 (cdd, ). (Entered: 10/22/2004)

PLAINTIFF'S MOTION FOR RE−DESIGNATION OF NAMED PLAINTIFF THEODORE I. BUSCH JR. AS ABSENT CLASS MEMBER AND WITHDRAWL OF COUNSEL AS REPRESENTATIVE OF MR. BUSCH IN HIS INDIVIDUAL CAPACITY.MEMORANDUM OF LAW, CERTIFICATE OF SERVICE. (Attachments: # 1 MEMORANDUM# 2 PROPOSED ORDER)(wgc, ) Additional attachment(s) added on 12/1/2004 (wgc, ). (Entered: 11/26/2004)

THE PARTIES' JOINT MOTION FOR: FINAL APPROVAL OF A CLASSWIDE SETTLEMENT; AND ATTORNEYS' FEES AND EXPENSE REIMBURSEMENTSMEMORANDUM OF LAW, CERTIFICATE OF SERVICE. (Attachments: # 1 MEMO# 2 PROPOSED ORDER)(wgc, ) Additional attachment(s) added on 12/1/2004 (wgc, ). (Entered: 11/26/2004)

AFFIDAVIT of Robert T. Vance, Jr., Esquire on behalf of DEWAYNE KETCHUM, EVERETT L. RICHARDSON, JR, ROBERT J. HARRIS, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, THEODORE I. BUSCH, JR. in Support of Fee Petition, Certificate of Service. (cdd, ) (Entered: 11/30/2004)

Minute Entry for Final Fairness hearing held on 11/30/04 before Judge CLIFFORD SCOTT GREEN. Court Reporter: ESR. Counsel for plffs. and deft. address the Court. Mr. Busch's motion to withdraw as class representative − GRANTED. Plff's witness called and sworn. (cdd, ) (Entered: 12/03/2004)

Letter from Martin J. D'Urso, Esquire to Court dated 12/2/04 re: Supplemental Submission of Plaintiff's counsel in further support of their request for $1.5 million in fees and $150,000 in litigation expenses. (cdd, ) (Entered: 12/06/2004)

Supplemental Submission by DEWAYNE KETCHUM, EVERETT L. RICHARDSON, JR, ROBERT J. HARRIS, THOMAS LONG, BARBARA A. NEARON, LEVETTE PARISH, THEODORE I. BUSCH, JR. in Further Support of Class Counsel's Unopposed Petition for Attorneys' Fees ands Expense Reimbursements, Certificate of Service. (cdd, ) (Entered: 12/06/2004)

ORDER THAT THE PROPOSED SETTLEMENT OF THIS ACTION SET FORT IN THE SETTLEMENT AGREEMENT TENDERED BY THE PARTIES IS HEREBY GRANTED THIS COURT'S FINAL APPROVAL, ETC. SETTLEMENT PROCEEDS SHALL BE DISTRIBUTED TO CLASS MEMBERS WITHIN TEN (10) DAYS OF THE DATE OF THIS ORDER USING THE ALLOCATION PROCESS DESCRIBED BY PLAINTIFFS EXPERTS, ETC. THE REQUEST OF THEODORE BUSCH TO WITHDRAW AS NAMED PLAINTIFF IS GRANTED. THE SPECIAL AWARD ($30,000) THAT OTHERWISE WOULD HAVE BEEN PAID TO HIM AS A CLASS REPRESENTATIVE SHALL BE DISTRIBUTED TO CLASS MEMBERS AS A PART OF THE SETTLEMENT PROCESS.SIGNED BY JUDGE CLIFFORD SCOTT GREEN ON 12/3/04. 12/6/04 ENTERED AND COPIES MAILED AND FAXED.(cdd, ) (Entered: 12/06/2004)

TRANSCRIPT of Proceedings, Final approval of settlement agreement held on 11/30/04 before Judge Clifford Scott Green. Court Reporter/ESR − Michael Owens. (mac, ) Modified on 1/18/2006 (mac, ). (Entered: 01/18/2006)