Case: Fish v. St. Cloud State University

Fish v. St Cloud State Univ.

Fish et al. v. St. Cloud State University

U.S. Court of Appeals for the Eighth Circuit

COMPLAINT - Summons issued. Assigned to Judge John R Tunheim per civil rights list and referred to Magistrate Judge Raymond L Erickson (14 pgs) (SEA) (Entered: 06/05/1996)

NOTICE SENT to out of state attorney: Ronald L Futterman (SEA) (Entered: 06/05/1996)

NOTICE SENT to out of state attorney: Laurie Wardell (SEA) (Entered: 06/05/1996)

RETURN OF SERVICE executed upon defendant St Cloud State Univ, defendant MN St Un Sys on 6/4/96 (2 pgs) ( (Entered: 06/12/1996)

COPY OF LETTER to court from defts re: defts' notice of motion to dismiss (1 pg) (SEA) (Entered: 06/27/1996)

PETITION AND ORDER for admission pro hac vice ( Clerk Francis E. Dosal / 6/27/96 ) on behalf of plaintiff Marjorie Fish, plaintiff Kathleen Gill, plaintiff June Goemer, plaintiff Christine Jazwinski, plaintiff Lora Robinson by Laurie A Wardell (1 pg) (SEA) (Entered: 07/01/1996)

PETITION AND ORDER for admission pro hac vice ( Clerk Francis E. Dosal / 6/27/96 ) on behalf of plaintiff Marjorie Fish, plaintiff Kathleen Gill, plaintiff June Goemer, plaintiff Christine Jazwinski, plaintiff Lora Robinson by Ronald L Futterman (1 pg) (SEA) (Entered: 07/01/1996)

PRETRIAL NOTICE AND ORDER ( Magistrate Judge Raymond L. Erickson / 9/24/96) pretrial status conference set for 10:45 A.M. on 10/16/96 before Magistrate Judge Erickson . (cc: all counsel) (10pgs) (CJF) (Entered: 09/24/1996)

JOINT REPORT OF RULE 26(f) MEETING (5 pgs) ( (Entered: 10/15/1996)

STATEMENT OF CASE as to defendants (3 pgs) ( (Entered: 10/15/1996)

STATEMENT OF CASE as to plaintiffs (5 pgs) ( (Entered: 10/15/1996)

MOTION by defendant St Cloud State Univ, defendant MN St Un Sys to dismiss (to Maigstrate Judge Raymond L. Erickson ) , (3 pgs) (SEA) Modified on 01/23/1997 (Entered: 10/21/1996)

JOINT AMENDMENT to statement 7 (4 pgs) (SEA) (Entered: 10/22/1996)

SCHEDULING ORDER ( Magistrate Judge Raymond L. Erickson / 10/28/96) ; discovery set for 9/15/97 ; non-dispositive motions set for 10/15/97 ; dispositive motions set for 1/15/98 ; ready for trial set for 5/15/98 (cc: all counsel) (5 pgs) ( (Entered: 10/29/1996)

LETTER to court from Edwin L. Sisam, Re: service of dispositive motion papers (1 pg) (DFL) (Entered: 01/02/1997)

AMENDED COMPLAINT [1-1]; jury demand. (20 pages) (PJS) (Entered: 01/07/1997)

REPLY MEMORANDUM by defendant to motion to dismiss ( to Judge John R. Tunheim ) [10-1] (14pgs) ( (Entered: 01/13/1997)

AFFIDAVIT of Charles T. Mottl regarding dfts motion to dismiss [10-1] (2pgs + exh.) ( (Entered: 01/13/1997)

AFFIDAVIT of Joyce Wood regarding dfts motion to dismiss [10-1] (2pgs + exh.) ( Modified on 07/26/2001 (Entered: 01/13/1997)

ANSWER by defendants. (8 pages) (PJS) (Entered: 01/14/1997)

STIPULATION FOR PROTECTIVE ORDER (2pgs) ( (Entered: 01/16/1997)

PROTECTIVE ORDER ( Magistrate Judge Raymond L. Erickson ) (cc: all counsel) (3pgs) (proto notice mailed) ( (Entered: 01/16/1997)

MEMORANDUM by defendant in support of motion to dismiss [10-1] (30pgs) ( (Entered: 01/16/1997)

AFFIDAVIT of Joyce Wood regarding dfts motion to dismiss [10-1] (97pgs) ( (Entered: 01/16/1997)

MEMORANDUM by plaintiff in opposition to motion to dismiss, for a more definite statement and rule 19 joinder [10-1] (35pgs) ( (Entered: 01/16/1997)

ORDER OF REFERENCE (Judge John R. Tunheim / 1/22/97) that defendants' motion to dismiss is referred to Magistrate Judge Raymond L. Erickson, who will submit proposed findings of fact and a recommendation for the disposition of the motion (cc: all counsel) (1 pg) (DFL) (Entered: 01/23/1997)

AMENDED NOTICE OF MOTION & MOTION TO DISMISS by defendant (to Magistrate Judge Raymond L. Erickson) [10-1], rtble 2/13/97, at 9:00 (3pgs) ( (Entered: 02/07/1997)

MEMORANDUM ORDER (Magistrate Judge Raymond L Erickson / 2/18/97) that defts' motion to join the Inter Faculty Organization as a necessary party-deft 10 27 is granted; that the defts are directed to serve a copy of this Memorandum Order upon the appropriate representatives of the IFO; that the pltfs are allowed 30 days from the date of this Order to file a Second Amended Complaint against the IFO for such relief as may be warranted by the facts & law; that the defts are allowed 20 days from the filing of pltfs' Second Amended Complaint within which to file any cross-claims against the IFO as may be warranted by the facts & law. (cc: all counsel) (11 pgs) (SEA) (Entered: 02/18/1997)

LETTER to court from defendant St Cloud State Univ, defendant MN St Un Sys re: defts' motion to dismiss scheduled 3/13/97 is moot (1 pg) (SEA) (Entered: 03/13/1997) compel discovery - granted, in part & denied, in part; that pltfs are directed to identify any documents, which they produce in the future, as having been generated by a particular pltf; that the defts' request for the production of the pltfs' medical records, & for the execution of medical release authorizations, is DENIED; that the defts' request for the pltfs' past employment records & for the execution of employment releases, is DENIED; that the parties are directed to "meet & confer" on the adequacy of the pltfs' answer to the defts' interrogatory No 4 & if a dispute continues, then the parties are directed to jointly contact the Court for a resolution of any remaining dispute; that, with respect to the defts' document request no 9, the pltfs are directed to identify, or to produce copies, of the documents upon which they rely for their respective claims for damages. (cc: all counsel) (3 pgs) (SEA) (Entered: 03/18/1997)

AMENDED COMPLAINT [16-1], [1-1] by plaintiff Marjorie Fish, plaintiff Kathleen Gill, plaintiff June Goemer, plaintiff Christine Jazwinski, plaintiff Lora Robinson; jury demand; adding Inter Faculty Organ. (19 pgs) (SEA) (Entered: 03/19/1997)

TRANSCRIPT OF Motion to Discover held 3/18/97 before Magistrate Judge Raymond L Erickson in Duluth, MN (C/R Jean Arends-Reports Diversified Services) (Separate) (SEA) (Entered: 03/28/1997)

THIRD AMENDED COMPLAINT 31 16 1 by plaintiff Marjorie Fish, plaintiff Kathleen Gill, plaintiff June Goemer, plaintiff Christine Jazwinski, plaintiff Lora Robinson; jury demand (20 pgs) (SEA) (Entered: 03/28/1997)

ANSWER by St Cloud State Univ and MN St Un Sys to second amended complaint. (8 pages) (PJS) (Entered: 03/28/1997)

COPY OF LETTER to court from pltfs' regarding service of class certification motion papers (1 pg) (SEA) (Entered: 04/04/1997)

STIPULATION FOR PROTECTIVE ORDER (3 pgs) (SEA) (Entered: 04/08/1997)

PROTECTIVE ORDER (Magistrate Judge Raymond L Erickson / 4/8/97) granting stipulation 36 (cc: all counsel) (3 pgs) (SEA) (Entered: 04/08/1997)

LETTER to court from defendant St Cloud State Univ, defendant MN St Un Sys re: filing of cross-claim (1 pg) (SEA) (Entered: 04/09/1997)

LETTER to court from pltfs re: voluntarily dismissing Court II w/o prej (1 pg) (SEA) (Entered: 04/09/1997)

NOTICE re: Protective Order (cc: all counsel) (SEA) (Entered: 04/08/1997)

ANSWER by defendant Inter Faculty Organ (8 pgs) (SEA) (Entered: 04/17/1997)

ORDER (Magistrate Judge Raymond L Erickson / 5/8/97) that the defts shall serve their response to the pltfs' motion for class certification by no later than 6/11/97 & any reply by the pltfs shall be served by no later than 7/11/97. (cc: all counsel) (2 pgs) (SEA) (Entered: 05/09/1997)

MEMORANDUM by defendant Inter Faculty Organization in opposition to pltfs motion for class certification (15pgs) ( (Entered: 06/13/1997)

LETTER/RESPONSE to court from dft MnSCU to motion to certify class (2pgs) ( (Entered: 06/17/1997)

MOTION by plaintiff to certify class action ( to Judge John R. Tunheim ) (3pgs) ( (Entered: 07/14/1997)

MEMORANDUM by plaintiff in support of motion for class certification [45-1] (26pgs + exh.) ( (Entered: 07/14/1997)

AFFIDAVIT of Lora regarding motion to certify class action [45-1] (3pgs) ( (Entered: 07/14/1997)

AFFIDAVIT of Dr. Mary Gray regarding motion to certify class action [45-1] (5pgs) ( (Entered: 07/14/1997)

AFFIDAVIT of Kathleen Gill regarding motion to certify class action [45-1] (3pgs) ( (Entered: 07/14/1997)

AFFIDAVIT of Marjorie Fish regarding motion to certify class action [45-1] (3pgs) ( (Entered: 07/14/1997)

AFFIDAVIT of Christine Jazwinski regarding motion to certify class action [45-1] (3pgs) ( (Entered: 07/14/1997)

RESPONSE by dft MNSCU to motion to certify class [45-1] (35pgs) ( (Entered: 07/14/1997)

AFFIDAVIT of Gary R. Cunningham regarding motion to certify class action [45-1] (2pgs + exh./separate) ( (Entered: 07/14/1997)

AFFIDAVIT of Dorothy J. Buhr regarding motion to certify class action [45-1] (2pgs + exh./separate) ( (Entered: 07/14/1997)

REPLY MEMORANDUM by pltf in support of their motion for class certification [45-1] (21pgs) ( (Entered: 07/14/1997)

MOTION by pltfs to compel discovery and for enlargement and modification of pretrial order. (to Magistrate Judge Raymond L. Erickson ) ret. 8/12/97 at 2:30 p.m. (2 pages) (PJS) (Entered: 07/29/1997)

MEMORANDUM by pltfs in support of motion to compel discovery [56-1] and for enlargement and modification of pretrial order. [56-2] 11 pages (PJS) (Entered: 07/29/1997)

AFFIDAVIT of Edwin L. Sisam regarding motions to compel discovery [56-1] and for enlargement and modification of pretrial order. [56-2] 3 pages (PJS) (Entered: 07/29/1997)

AFFIDAVIT and EXHIBITS of Tammy P. Friederichs regarding motions to compel discovery [56-1] and for enlargement and modification of pretrial order. [56-2] 29 pages (PJS) (Entered: 07/29/1997)

AMENDED NOTICE OF MOTION by plaintiffs to certify class action ( to Judge John R. Tunheim ) [45-1] at 10:45 a.m. on 10/10/97 (3pgs) ( (Entered: 08/05/1997)

MEMORANDUM by state defendants in opposition to motion to compel discovery [56-1], to motion for enlargement and of pretrial order [56-2] (12 pgs) (DFL) (Entered: 08/07/1997)

AFFIDAVIT of Annette R. Wilson regarding memorandum [61-1] (3 pgs) (DFL) (Entered: 08/07/1997)

MEMORANDUM by Inter Faculty Organ. in opposition to motion for enlargement and modification of pretrial order [56-2] (5 pgs) (DFL) (Entered: 08/07/1997)

AFFIDAVIT of Annette R. Wilson in support of State dfts opposition to pltfs motion to compel(5pgs) ( (Entered: 08/12/1997)

MINUTES:( Magistrate Judge Raymond L. Erickson / ) taking under advisement on the motion to compel discovery [56-1] taking under advisement on the motion for enlargement and modification of pretrial order. [56-2] ( (Entered: 08/14/1997)

SUPPLEMENT re affidavit [48-1] - EXPERT'S REPORT (11 pgs) (SEA) (Entered: 10/15/1997)

MINUTES:( Judge John R. Tunheim / Karen Grufman) taking under advisement on the as to pltfs' motion to certify class action 45 (1 pg) (SEA) (Entered: 10/19/1997)

MINUTE ORDER (Magistrate Judge Raymond L Erickson / 10/31/97) re: pltf's informal motion to compel Joyce Wood (cc: all counsel) (2 pgs) (cc: all counsel) (SEA) (Entered: 10/31/1997)

MEMORANDUM ORDER: (Magistrate Judge Raymond L. Erickson 11/10/97) granting in part pltfs' motion to compel discovery [56-1], denying pltfs' motion for enlargement and modification of pretrial order [56-2] (cc: all counsel) (12pgs) ( (Entered: 11/10/1997)

LETTER to Edwin L. Sisam, Esq. and Gary R. Cunniingham, Esq. from Inter Faculty Organization re service of motion for summary judgment (1 pg) (SJH) (Entered: 12/03/1997)

LETTER to court from defendant St Cloud State University regarding dispositive motion. (1pg) ( (Entered: 12/05/1997)

Supplemental Submission LETTER to Court from State defendant in opposition to pltfs' motion for class certification (1 pg) (SJH) (Entered: 12/17/1997)

LETTER to court from plaintiff's atty re service of dispositive motion papersi (2pgs) ( (Entered: 01/27/1998)

MOTION by defendant Inter Faculty Organ. for summary judgment (to Judge John R. Tunheim) (3pgs) ( (Entered: 02/18/1998)

MEMORANDUM by defendant Inter Faculty Organ. in support of motion for summary judgment [74-1] (24pgs) ( (Entered: 02/18/1998)

AFFIDAVIT of Carey L. Sirota regarding motion for summary judgment [74-1] (2pgs+exh) (separate) ( (Entered: 02/18/1998)

REPLY by defendant Inter Faculty Organ. in support of motion for summary judgment [74-1] (10pgs) ( (Entered: 02/18/1998)

NOTICE OF MOTION AND MOTION by defendant MN St Un Sys, defendant St Cloud State Univ for summary judgment (to Judge John R. Tunheim) (2pgs) ( (Entered: 02/27/1998)

MEMORANDUM by defendant MN St Un Sys, defendant St Cloud State Univ in support of motion for summary judgment [79-1] (34pgs) ( (Entered: 02/27/1998)

AFFIDAVIT of Gary R. Cunningham regarding motion for summary judgment [79-1] (4pgs+exh) (separate) ( (Entered: 02/27/1998)

MEMORANDUM by plaintiffs in opposition to motion for summary judgment [79-1] (50pgs) ( (Entered: 02/27/1998)

SUPPLEMENTAL EXPERT'S REPORT by plaintiff re memorandum [82-1] (5pgs) ( (Entered: 02/27/1998)

AFFIDAVIT of Muhammad Karim regarding memorandum [82-1] (6pgs) ( (Entered: 02/27/1998)

AFFIDAVIT of Carole Yozamp regarding memorandum [82-1] (3pgs) ( (Entered: 02/27/1998)

AFFIDAVIT of Susan Burum regarding memorandum [82-1] (7pgs) ( (Entered: 02/27/1998)

AFFIDAVIT of Dr. Christine Jazwinski regarding memorandum [82-1] (8pgs) ( (Entered: 02/27/1998)

TRANSMITTAL AFFIDAVIT of Tammy P. Friederichs regarding memorandum [82-1] (separate) ( (Entered: 02/27/1998)

REPLY by defendant MN St Un Sys, defendant St Cloud State Univ to memorandum [82-1] (17pgs) ( (Entered: 02/27/1998)

TRANSMITTAL AFFIDAVIT of Gary R. Cunningham regarding reply [89-1] (2pgs+exh) (separate) ( (Entered: 02/27/1998)

MEMORANDUM, OPINION, AND ORDER: (Judge John R. Tunheim) granting motion to certify class action into three classes: Compensation Class, Promotion and/or Tenure Class and Terms, Conditions and Privileges of Employment Class [45-1]; the class is to be notified of the maintanance of this class action; plaintiffs shall submit a proposed notice to the court within 10 ays ofthe entry of this Order, preferbly together with a stipulation from defendants on the content of the notice. If there is no stipulation, defendants shall file a memorandum explaining any objections within seven days after the filing of the proposed notice (cc: all counsel) (20 pgs) (DFL) (Entered: 03/17/1998)

RESPONSE by defendants to class notice (12 pgs) (DFL) (Entered: 04/07/1998)

LETTER from Edwin L. Sisam, Re: Plaintiffs' proposed class notice (8 pgs) (DFL) (Entered: 04/08/1998)

REPLY by plaintiffs to class notice (5 pgs) (DFL) (Entered: 04/13/1998)

LETTER to court from plaintiffs objecting to State defts' ltr requesting oral argument on summary judgment motion [95-1] (1pg) ( (Entered: 04/13/1998)

MOTION by defendantx MN St Un Sys, St Cloud State Univ to amend Scheduling Order (to Magistrate Judge Raymond L. Erickson) , to reopen discovery (to Magistrate Judge Raymond L. Erickson) , and allowing discovery on absent class members (to Magistrate Judge Raymond L. Erickson) ret 4/23/98 at 9:00 in Duluth (2pgs) ( (Entered: 04/13/1998)

MEMORANDUM by defendants MN St Un Sys, St Cloud State Univ in support of motion to amend Scheduling Order [97-1]; motion to reopen discovery [97- 2]; motion allowing discovery on absent class members [97-3] (40pgs) ( (Entered: 04/13/1998)

REPLY by plaintiff to class notice (9pgs) ( (Entered: 04/13/1998)

REPLY by plaintiffs to class notice (15 pgs) (DFL) (Entered: 04/15/1998)

TRANSCRIPT OF hearing held 8/12/97 (Shaddix & Assoc.) (Separate) (DFL) (Entered: 04/16/1998)

RESPONSE by defendants to class notice (13 pgs) (DFL) (Entered: 04/17/1998)

MEMORANDUM by plaintiff class with exhibit in opposition to motion to to State dfts' motion to reopen discovery and to modify pretrial order 97 (10+ pgs) (SJH) Modified on 04/17/1998 (Entered: 04/17/1998)