Case: Massie v. IDOT

Massie v. Illinois Department of Transportation

Massie v. Illinois Department of Transportation

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Michael M. Mulder, Joan Harlow Burger, Roberta A. Levinson as attorney(s) for plaintiff with Rule 39 affidavits (one original and four copies summons(es) issued.) (Documents: 1-1 through 1-6). (fce) (Entered: 08/07/1996)

CONTINGENCY FEE AGREEMENT (Not in public case file) (fce) (Entered: 08/07/1996)

RECEIPT regarding payment of filing fee paid; on 8/6/96 in the amount of $120.00, receipt #478087. (fce) (Entered: 08/07/1996)

ATTORNEY APPEARANCE for defendants' IL Dept of Trans, Kirk Brown, William Pearman, Duane Carlson by Cara LeFevour Smith (lal) (Entered: 09/19/1996)

MOTION by defendants' for an enlargement of time ; Notice of motion (lal) (Entered: 09/27/1996)

RETURN OF SERVICE executed upon defendant IL Dept of Trans on 8/19/96 (Attachments). (lal) (Entered: 09/27/1996)

RETURN OF SERVICE executed upon defendant William Pearman on 8/30/96 (Attachment). (lal) (Entered: 09/27/1996)

RETURN OF SERVICE executed upon defendant Kirk Brown on 8/30/96 (Attachment). (lal) (Entered: 09/27/1996)

MINUTE ORDER of 9/26/96 by Hon. Brian Barnett Duff : Granting defendants' motion for an enlargement of time; [4-1] answer to the complaint is due 10/11/96. Telephoned notice (lal) (Entered: 09/27/1996)

SCHEDULE set on 10/8/96 by Hon. Brian Barnett Duff : Status hearing set to 9:00 10/14/96 . Mailed notice (ac) (Entered: 10/08/1996)

EXECUTIVE COMMITTEE ORDER of 10/10/96: Case reassigned to Hon. Charles R. Norgle. (nlf) (Entered: 10/11/1996)

ANSWER to plaintiff's complaint by defendants'; jury demand; Notice of filing. (lal) (Entered: 10/15/1996)

SCHEDULE set on 10/11/96 by Hon. Brian Barnett Duff : Status hearing stricken. Telephoned notice (ac) (Entered: 10/11/1996)

SCHEDULE set on 10/22/96 by Hon. Charles R. Norgle Sr : Status hearing reset to 9:30 10/31/96 . Mailed notice (ewf) (Entered: 10/22/1996)

SCHEDULE set on 10/31/96 by Hon. Charles R. Norgle Sr : Status hearing held and continued to 9:30 12/19/96. Counsel to submit agreed discovery schedule or plan within 14 days. No notice (ewf) (Entered: 11/01/1996)

JOINT MOTION to file instanter and for the court to enter the parties' agreed discovery schedule (Attachments); Notice of motion (lal) (Entered: 12/31/1996)

MINUTE ORDER of 12/17/96 by Hon. Charles R. Norgle Sr : Status hearing held. Status hearing continued to 9:30 a.m. on 2/6/97. Motion to file agreed discovery schedule is granted. [10-1], [10-2] No notice (lal) (Entered: 12/31/1996)

MINUTE ORDER of 12/30/96 by Hon. Charles R. Norgle Sr : Joint motion to file instanter and for the court to enter the parties agreed discovery schedule was and is granted. Status hearing held 12/17/96 and continued to 02/06/97 at 9:30 a.m. Mailed notice (lal) (Entered: 12/31/1996)

SCHEDULE set on 2/6/97 by Hon. Charles R. Norgle Sr : Status hearing held and continued to 9:30 3/12/97 . No notice (ewf) (Entered: 02/07/1997)

SCHEDULE set on 3/11/97 by Hon. Charles R. Norgle Sr : Status hearing reset to to 9:30 3/19/97 . No notice (ewf) (Entered: 03/11/1997)

MINUTE ORDER of 3/26/97 by Hon. Charles R. Norgle Sr : Status hearing held 03/19/97. Status hearing continued to 9:30 a.m. on 7/8/97. Response to motion for class certification is due by 04/16/97 and plaintiff's reply is due by 04/30/97. Counsel to file amended discovery schedule. Mailed notice (lal) (Entered: 03/27/1997)

AMENDED AGREED discovery schedule. (lal) (Entered: 05/05/1997)

MEMORANDUM of law by defendants' in opposition to plaintiff Massie's motion to certify a class action (Exhibits); Notice of filing. (lal) (Entered: 05/05/1997)

MINUTE ORDER of 4/25/97 by Hon. Charles R. Norgle Sr : Defendants' motion for an enlargement of time (until 04/25/97) is granted. Telephoned notice (lal) (Entered: 05/05/1997)

UNOPPOSED MOTION by plaintiff for extension of time to file reply memorandum in support of motion to certify a class action ; Notice of motion (lal) (Entered: 05/12/1997)

MINUTE ORDER of 5/9/97 by Hon. Charles R. Norgle Sr : Granting plaintiff's unopposed motion for extension of time to file reply memorandum in support of motion to certify a class action [17-1] Reply is due by 06/09/97. Telephoned notice (lal) (Entered: 05/12/1997)

UNOPPOSSED MOTION by plaintiff for second extension of time to file reply memorandum in support of motion to certify a class action ; Notice of motion (fce) (Entered: 06/16/1997)

MINUTE ORDER of 6/13/97 by Hon. Charles R. Norgle Sr : Plaintiff's unopposed motion for second extension of time to file reply memorandum in support of motion to certify a class action is granted [19-1]. Telephoned notice (fce) (Entered: 06/16/1997)

UNOPPOSED MOTION by plaintiff for referral to Magistrate for settlement conference and to stay briefing on plaintiff's motion to certify a class action ; Notice of motion (rmm) (Entered: 06/30/1997)

MINUTE ORDER of 6/27/97 by Hon. Charles R. Norgle Sr : Plaintiff's unopposed motion for referral to Magistrate for settlement conference [21-1] and to stay briefing on plaintiff's motion to certify a class action is granted [21-2]. Mailed notice (rmm) (Entered: 06/30/1997)

MINUTE ORDER of 7/1/97 by Hon. Rebecca R. Pallmeyer : Settlement conference set before Magistrate Judge Pallmeyer for July 7, 1997 at 4:00 p.m. (See reverse of minute order.) Mailed notice (rmm) (Entered: 07/02/1997)

REFERRAL ORDER of 7/2/97: Case referred to Hon. Rebecca R. Pallmeyer pursuant to General Rule 2.41(b) to conduct hearings and enter appropriate orders on the following pretrial motion/matter: Pretrial conference under Rule 16, all discovery motions, discovery supervision, settlement conference and conduct necessary proceedings and enter Order/Report and Recommendation on all nondispositive motions through filing of pretrial materials including final pretrial order. (For further detail see order.) Mailed notice (fce) (Entered: 07/08/1997)

SCHEDULE set on 8/5/97 by Hon. Rebecca R. Pallmeyer : Settlement conference continued to 11:00 a.m. on 9/18/97. Mailed notice (etv) (Entered: 08/05/1997)

SCHEDULE set on 9/18/97 by Hon. Rebecca R. Pallmeyer : Settlement conference held and continued to 2:00 p.m. on 10/22/97. mailed notice (etv) (Entered: 09/18/1997)

SCHEDULE set on 10/22/97 by Hon. Rebecca R. Pallmeyer : Settlement conference held and continued to 11:00 a.m. on 10/29/97. No notice (etv) (Entered: 10/23/1997)

SCHEDULE set on 10/29/97 by Hon. Rebecca R. Pallmeyer : Settlement conference reset for 2:00 p.m. on 11/7/97. Mailed notice (etv) (Entered: 10/30/1997)

MINUTE ORDER of 11/7/97 by Hon. Rebecca R. Pallmeyer : This matter was referred for a settlement conference. The court has conducted several sessions in which the participants included plaintiff Massie, defendant IDOT, a non-party untion that represets IDOT employees. Although the parties reach agreement on several issues, they could not resolve their differences on the central employees. Although the parties reached agreement on several issues, they could not resolve their differences on the central issue of appropriate relief to class members other than plaintiff Massie himself. The corut concludes reluctantly that no issue of appropriate relief to class members other than plaintiff Massie himself. The court concludes reluctantly that no further efforts will be fruitful. All matters relaring to this referral is being concluded, the matter is returned to the assigned judge. terminating case referral to Hon. Rebecca R. Pallmeyer Mailed notice (rmm) (Entered: 11/10/1997)

REPLY memorandum by plaintiff in support of plaintiff's motion to certify a class action (Exhibits); Notice of filing (rmm) (Entered: 01/23/1998)

MINUTE ORDER of 6/4/98 by Hon. Charles R. Norgle Sr : Enter opinion and order. Plaintiff's motion for class certification is granted. Mailed notice (rmm) (Entered: 06/05/1998)

MINUTE ORDER of 6/5/98 by Hon. Charles R. Norgle Sr : This order accompanies the court's opinion granting plaintiff's motion for class certification. This is a 1996 case. To this point, settlement efforts have been unsuccessful. Accordinly, the court sets 10/30/98 as the due date for a final pretrial order. Trial shall commence at 10:00 am on 11/17/98. Mailed notice (ar) (Entered: 06/05/1998)

MOTION by defendant for substitution of counsel Mariana Popovich for Cara Smith ; Notice of motion (rmm) (Entered: 07/27/1998)

MINUTE ORDER of 7/24/98 by Hon. Charles R. Norgle Sr : Defendants' motion for substitution of counsel and appearance of Mariana Popovich for Cara Smith is granted [30-1]. Mailed notice (rmm) (Entered: 07/27/1998)

ATTORNEY APPEARANCE for defendants by Marina Popovic (rmm) (Entered: 07/27/1998)

MOTION by plaintiff Massie in support of plaintiff's motion for leave to give notice to the class ; Notice of motion (rmm) (Entered: 08/26/1998)

MINUTE ORDER of 8/21/98 by Hon. Charles R. Norgle Sr : Plaintiff's motion for leave to give notice to the class of the pending action is granted [33-1]. No notice (rmm) (Entered: 08/26/1998)

JOINT AND AGREED MOTION by plaintiff for extension of time for a final pretrial order and trial date (Attachment); Notice of motion (meg) (Entered: 10/05/1998)

MINUTE ORDER of 10/2/98 by Hon. Charles R. Norgle Sr : Joint and Agreed motion for extension of time for a final pretrial order [35-1] and trial date is denied [35-2] at this time. Defendant is give 14 days within which to join the Union as a party. Mailed notice (meg) (Entered: 10/05/1998)

MOTION by defendants for leave to join Teamsters Union Local 726 as a necessary party with supporting argument (Exhibits); Notice of motion (rmm) (Entered: 10/15/1998)

SUPPORTING argument for leave to join Teamsters Union Local 726 as a necessary party with motion by defendants (Exhibits); Notice of motion (rmm) (Entered: 10/15/1998)

RESPONSE by plaintiff to defendants' motion for leave to join Teamsters Union as a necessary party; Notice of filing (rmm) (Entered: 10/14/1998)

MINUTE ORDER of 10/14/98 by Hon. Charles R. Norgle Sr : Defendant's motion for leave to join Teamsters Union Local 726 as a necessary party [38- 1] is entered and continued to 9:30 11/30/98. The 11/17/98 trial date and the 10/30/98 date for submission of the final pretrial order are stricken. Mailed notice (rmm) (Entered: 10/15/1998)

RESPONSE by Local 726 St Muni Teamsters Un to defendants' motion for leave to join Teamsters Union Local 726 as a necessary [38-1]; Notice of filing (rmm) (Entered: 11/23/1998)

ATTORNEY APPEARANCE for unknown Local 726 St Muni Teamsters Un by Michael H. Slutsky, N. Elizabeth Reynolds, James W. Green Jr. (rmm) (Entered: 11/23/1998)

MOTION by plaintiff to file amended complaint (Exhbiits); Notice of motion (rmm) (Entered: 12/07/1998)

MINUTE ORDER of 12/1/98 by Hon. Charles R. Norgle Sr : Motion hearing held 11/30/98. Motion for leave to join Teamsters Union Local 726 as a necessary party is granted [38-1]. Teamsters Local 726 is added as a non- aligned party. Status hearing set for 9:30 a.m. 1/28/99. Mailed notice (rmm) (Entered: 12/02/1998)

MINUTE ORDER of 12/4/98 by Hon. Charles R. Norgle Sr : Plaintiff Massie's motion to file amended complaint is granted [44-1]. Defendants are given until 1/31/98 to answer or otherwise plead to the amended complaint. Mailed notice (rmm) (Entered: 12/07/1998)

FIRST AMENDED COMPLAINT [1-1] by plaintiff terminating unknown Local 726 St Muni Teamsters Un, defendant John Does; adding Randy Vereen, Robert Alewelt; Notice of filing (fce) (Entered: 12/10/1998)

SUMMONS issued as to defendants Randy Vereen, Robert Alewelt (fce) (Entered: 12/10/1998)

AFFIDAVIT OF SERVICE of summons and complaint executed upon defendant Robert Alewelt on 12/14/98 (Attachment) (rmm) Modified on 01/11/1999 (Entered: 01/11/1999)

AFFIDAVIT OF SERVICE of summons and complaint executed upon defendant Randy Vereen on 12/14/98 (Attachments) (rmm) (Entered: 01/11/1999)

SCHEDULE set on 1/28/99 by Hon. Charles R. Norgle Sr : Status hearing held and continued to 9:30 3/31/99. Discovery reports to be produced by 3/8/99 as stated on the record . No notice (ac) (Entered: 01/28/1999)

ATTORNEY APPEARANCE for defendants Robert Alewelt, Randy Vereen by Marina Popovic (rmm) (Entered: 02/01/1999)

ANSWER to plaintiff's first amended complaint by defendants; Notice of filing (rmm) (Entered: 02/01/1999)

ATTORNEY APPEARANCE for defendant IL Dept of Trans by Meghan O. Maine, Thomas A. Ioppolo (rmm) (Entered: 03/31/1999)

MINUTE ORDER of 3/31/99 by Hon. Charles R. Norgle Sr : Status hearing held. defendant's motion for substitution of counsel and appearance is granted. Plaintiffs' oral motion for leave to file the additional appearance of Jane Franklin is granted. Status hearing continued to 9:30 a.m. on 6/21/99. Mailed notice (rmm) (Entered: 04/01/1999)

MINUTE ORDER of 3/31/99 by Hon. Charles R. Norgle Sr : Status hearing held. Defendnats' motion for substitution of counsel and appearance of Thomas A. Ioppolo and Meghan O. Maine for that of Marina Popovic is granted [53-1]. Plaintiffs' oral motion for leave to file the additional appearance of Jane Franklin is granted. Status hearing continued to 9:30 a.m. on 6/21/99. Mailed notice (rmm) (Entered: 04/01/1999)

ATTORNEY APPEARANCE for plaintiff James H Massie by Jamie S. Franklin; Notice of filing (rmm) (Entered: 04/07/1999)

NOTICE by plaintiff's attorney of name change of firm (rmm) (Entered: 05/27/1999)

SCHEDULE set on 6/21/99 by Hon. Charles R. Norgle Sr : Status hearing held and continued to 9:30 9/30/99 . No notices required, advised in open court. (ewf) (Entered: 06/22/1999)

MOTION by plaintiff to amend class list , and mail second notice to former class members (Attachment); Notice. (fce) Modified on 08/17/1999 (Entered: 08/17/1999)

MINUTE ORDER of 8/16/99 by Hon. Charles R. Norgle Sr : Plaintiff's motion to amend class list [57-1] and mail second notice to former class members is granted [57-2]. Mailed notice (fce) (Entered: 08/17/1999)

MINUTE ORDER of 9/30/99 by Hon. Charles R. Norgle Sr : Status hearing held. Jury trial set for 4/3/00 at 10:00 a.m. Final pretrial order is due by 3/13/00. Mailed notice (fce) (Entered: 10/01/1999)

MOTION by defendants to extend pre-trial order ; Notice (dj) (Entered: 03/14/2000)

MINUTE ORDER of 3/13/00 by Hon. Charles R. Norgle Sr: Defendants' motion to extend pre-trial order is granted. The final pretrial order due date is extended to and including 3/20/00. [60-1] Telephoned notice (dj) (Entered: 03/14/2000)

AGREED MOTION by defendants to schedule pre-trial settlement conference and to continue date for filing pre-trial order ; Notice (fce) (Entered: 03/20/2000)

MINUTE ORDER of 3/17/00 by Hon. Charles R. Norgle Sr : Agreed motion to schedule pre-trial settlement conference [62-1] and to continue date for filing pre-trial order is granted [62-2]. Telephoned notice (fce) (Entered: 03/20/2000)

SCHEDULE set on 3/17/00 by Hon. Sidney I. Schenkier : Settlement conference set for 12:30 p.m. on 3/23/00, in chambers 1756. The settlement conference will be conducted in accordance with the Court's Standing Order on Instructions for Settlement Conference, which is enclosed. The schedule for exchange of demand and offer set forth in the standing order will not be required. However, the parties are to submit to chambers by 3/20/00, a current draft of consent decree and a joint letter regarding areas of dispute and each sides position. Parties with ultimate settlement authority to be present at the conference. Mailed notice (fce) (Entered: 03/17/2000)

MOTION by plaintiff to add class members as additional named plaintiffs and class representatives ; Notice (fce) (Entered: 03/27/2000)

AGREED MOTION by plaintiff to schedule pre-trial settlement conference and to continue date for filing pre-trial order ; Notice (fce) (Entered: 03/27/2000)

SCHEDULE set on 3/23/00 by Hon. Sidney I. Schenkier : Settlement conference held. Matter is set for further settlement conference on 3/28/00 at 1:00 p.m. Mailed notice (fce) (Entered: 03/24/2000)

MINUTE ORDER of 3/24/00 by Hon. Charles R. Norgle Sr : Agreed motion to schedule pre-trial settlement conference [65-1] and to continue date for filing pre-trial order are granted [65-2]. Pretrial order due date reset to 3/31/00. Motion to add class members as additional named plaintiffs and class representatives is granted [64-1]. Mailed notice (fce) (Entered: 03/27/2000)

SCHEDULE set on 3/28/00 by Hon. Sidney I. Schenkier : Settlement conference held and continued to 12:30 3/30/00 . Mailed notice (fce) (Entered: 03/29/2000)

CONSENT by non-alligned party, Local 726, State Municipal Teamsters Union to exercise of jurisdiction by a United States Magistrate Judge. (fce) (Entered: 03/30/2000)

CONSENT by defendants to exercise of jurisdiction by a United States Magistrate Judge. (fce) (Entered: 03/30/2000)

CONSENT by Richard A Johnson, Jr., Ralph Lemon, Thomas L Malone, John L McGee and defendant James H Massie to exercise of jurisdiction by a United States Magistrate Judge. (fce) (Entered: 03/30/2000)

REASSIGNMENT ORDER of 3/30/00 Case reassigned to Hon. Sidney I. Schenkier from Hon. Charles R. Norgle, Sr. pursuant to Local Rule 73.1(b). (For further detail see order.) Mailed notice (fce) (Entered: 03/30/2000)

AMENDED JOINT MOTION by plaintiff for preliminary approval of proposed settlement, consent decree and form of notices (Attachments) (fce) (Entered: 04/07/2000)

MINUTE ORDER of 4/5/00 by Hon. Sidney I. Schenkier : Plaintff's amended motion for preliminary approval of proposed settlement, consent decree and form of notices is granted [71-1]. Notices to be mailed by 4/14/00. Comments and objections by 5/30/00. Any responses by attorneys by 6/7/00. Fairness hearing set for 9:00 a.m. on 6/12/00 . Mailed Notices by Judge's staff (fce) (Entered: 04/07/2000)

NOTICE of filing by defendant IL Dept of Trans and plaintiff James H Massie of original signatures for consent decree (Attachment) (fce) (Entered: 04/13/2000)

LETTER from David Dilling to the Clerk dated 5/29/00 (Attachment) (fce) (Entered: 06/01/2000)

RESPONSES by defendant IL Dept of Trans to objections to the class settlement; Notice (fce) (Entered: 06/08/2000)

MEMORANDUM by plaintiffs in support of final approval of class settlement and consent decree with response to objections (fce) (Entered: 06/08/2000)

RESPONSE by plaintiffs to objections with memorandum in support (fce) (Entered: 06/08/2000)

APPENDIX filed by plaintiffs to class counsel's memorandum in support of final approval of class settlement [76-1] and response to objections [76-1] (Attachments) (fce) (Entered: 06/08/2000)

MINUTE ORDER of 6/12/00 by Hon. Sidney I. Schenkier : For the reasons stated in open court, class counsels' motion for an award of attorneys fees and costs of litigation is granted. (See attached Order.) (Entered Order.) Mailed notices by judge's staff (fce) (Entered: 06/13/2000)

MINUTE ORDER of 6/12/00 by Hon. Sidney I. Schenkier : Fairness hearing held. For the reasons stated in open court, the Court grants final approval of the class settlement and consent decree (see attached order). Pursuant to the settlement the case is dismissed with prejudice with Court to retain jurisdiction over enforcement, construction and interpretation of the decree. (Entered Final Order and Judgment.) Mailed notices by judge's staff (fce) (Entered: 06/13/2000)

TRANSCRIPT of proceedings for the following date(s): 6/12/00 Before Honorable Judge Sidney I. Schenkier (fce) (Entered: 07/20/2000)

MOTION by Frederick Luckett to obtain order to enforce the consent decree (Attachments); Notice. (vmj) (Entered: 08/10/2000)

RESPONSE by defendant IL Dept of Trans to motion to obtain order to enforce the consent decree (Attachment); Notice (fce) (Entered: 08/07/2000)

TRANSCRIPT of proceedings for the following date(s): 4/3/00 Before Honorable Sidney I. Schenkier (fce) (Entered: 08/09/2000)