Case: Bishop v. Gainer (Koski v. Gainer)

Bishop v. Gainer

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Kimberly Ann Sutherland as attorney(s) for plaintiff Glenn Koski, plaintiff Fred Winterroth, plaintiff Jesse Bean, plaintiff Jerry Myers, plaintiff Anthony Bishop, plaintiff Aaron Booker with Rule 39 affidavit ( two originals and two copies summons(es) issued.) ( Documents: 1-1 through 1-4) (fce) (Entered: 05/20/1992)

RECEIPT regarding payment of filing fee paid; on 5/19/92 in the amount of $ 120.00, receipt # 394278. (fce)

ANSWER by defendants'. (vmj) (Entered: 06/18/1992)

ATTORNEY APPEARANCE for defendants' by Paula J. Giroux. (vmj) (Entered: 06/18/1992)

REPLY by plaintiffs' to affirmative defense. (vmj) (Entered: 06/23/1992)

MOTION by plaintiffs' to add Owen Reeves as party plaintiff ; Notice of motion. (vmj) (Entered: 07/14/1992)

MINUTE ORDER of 7/13/92 by Hon. Harry D. Leinenweber : Plaintiffs' motion to add Owen Reeves as party plaintiff [5-1] is granted. Mailed notice (vmj) (Entered: 07/14/1992)

MINUTE ORDER of 8/28/92 by Hon. Harry D. Leinenweber : Status hearing set for 09/24/92 at 9:00 a.m. Mailed notice (cdh) (Entered: 08/31/1992)

ACKNOWLEDGEMENT OF SERVICE by defendant Terrance Gainer on 8/5/92 (vkd) (Entered: 09/01/1992)

ACKNOWLEDGEMENT OF SERVICE by defendant Harry Orr on 5/26/92 (vkd) (Entered: 09/01/1992)

MINUTE ORDER of 9/24/92 by Hon. Harry D. Leinenweber: Status hearing held; continued to 22 Dec. 92 at 9:00 a.m. No notice (vmj) (Entered: 09/25/1992)

FIRST MOTION by plaintiffs' to compel discovery (Exhibit); Notice of motion. (vmj) (Entered: 11/19/1992)

MINUTE ORDER of 11/18/92 by Hon. Harry D. Leinenweber : Granting plaintiffs' motion to compel discovery [11-1]. Defendants' ordered to produce documents by December 2, 1992. No notice (vmj) (Entered: 11/19/1992)

SECOND MOTION by plaintiffs to compel discovery (Exhibit); notice of motion. (fce) (Entered: 12/23/1992)

MINUTE ORDER of 12/22/92 by Hon. Harry D. Leinenweber : Plaintiffs' second motion to compel discovery [13-1] is moot. Status hearing held; continued to 02/19/93 at 9:00 a.m. No notice (fce) (Entered: 12/23/1992)

MOTION by plaintiffs' to file first amended complaint ; Notice of motion. (vmj) (Entered: 01/25/1993)

MINUTE ORDER of 1/22/93 by Hon. Harry D. Leinenweber : Granting plaintiffs' motion to file first amended complaint [15-1]. Plaintiffs' to file motion for class certification with supporting brief by February 12, 1993. Defendants' response to be filed by March 5, 1993. Plaintiffs' reply brief due by March 12, 1993. The court will rule orally on April 8, 1993 at 9:00 a.m. Status hearing set for February 19, 1993 is stricken. Mailed notice (vmj) (Entered: 01/25/1993)

FIRST AMENDED COMPLAINT [1-1] by plaintiffs'; jury demand; adding plaintiff Michael Mobley and defendants' John Rednour, David P Schippers, Richard T Mitchell, Nancy Beasley, Fred E Inbau, James E Seiber, Redlich, St of IL (Exhibits). (vmj) (Entered: 01/25/1993)

NOTICE AND ACKNOWLEDGMENT OF SERVICE by defendant John Rednour on 01/29/93. (srb) (Entered: 02/09/1993)

NOTICE AND ACKNOWLEDGMENT OF SERVICE by defendant Fred E Inbau on 01/28/93. (srb) (Entered: 02/09/1993)

NOTICE AND ACKNOWLEDGMENT OF SERVICE by defendant James Redlich on 01/28/93. (srb) (Entered: 02/09/1993)

NOTICE AND ACKNOWLEDGMENT OF SERVICE by defendant David P Schippers on 01/27/93. (srb) (Entered: 02/09/1993)

NOTICE AND ACKNOWLEDGMENT OF SERVICE by defendant James E Seiber on 02/03/93. (srb) (Entered: 02/09/1993)

MOTION by plaintiffs' for class determination for hiring claims . (vmj) (Entered: 02/16/1993)

MEMORANDUM by plaintiffs' in support of motion for class determination for hiring claims [23-1]. (vmj) (Entered: 02/16/1993)

MOTION by defendants' for extension of time to answer or otherwise plead ; Notice of motion. (vmj) (Entered: 02/18/1993)

MINUTE ORDER of 2/17/93 by Hon. Harry D. Leinenweber : Granting defendants' motion for extension of time to March 4, 1993 in which to answer or otherwise plead [25-1]. Mailed notice (vmj) (Entered: 02/18/1993)

NOTICE AND ACKNOWLEDGEMENT OF RECEIPT OF SUMMONS AND COMPLAINT by defendant Richard T Mitchell on 2/9/93. (vmj) (Entered: 02/23/1993)

NOTICE AND ACKNOWLEDGEMENT OF RECEIPT OF SUMMONS AND COMPLAINT by defendant Nancy Beasley on 2/3/93. (vmj) (Entered: 02/23/1993)

NOTICE AND ACKNOWLEDGEMENT OF RECEIPT OF SUMMONS AND COMPLAINT by defendant Terrance Gainer on 2/2/93. (vmj) (Entered: 02/23/1993)

TRANSCRIPT of proceedings for the following date(s): 11/18/92 before Honorable Harry D. Leinenweber. (vmj) (Entered: 03/02/1993)

OBJECTIONS by defendants' to plaintiff Booker's motion for class determination for hiring claims [23-1] (Exhibit); Notice of filing. (vmj) (Entered: 03/08/1993)

ATTORNEY APPEARANCE for defendant John Rednour, defendant David P Schippers, defendant Richard T Mitchell, defendant Nancy Beasley, defendant Fred E Inbau, defendant James E Seiber, defendant James Redlich, defendant IL, St of by Paula J. Giroux. (vmj) (Entered: 03/11/1993)

NOTICE of filing by defendant John Rednour, defendant David P Schippers, defendant Richard T Mitchell, defendant Nancy Beasley, defendant Fred E Inbau, defendant James E Seiber, defendant James Redlich, defendant IL, St of regarding attorney appearance [32-1]. (vmj) (Entered: 03/11/1993)

REPLY by plaintiff Aaron Booker regarding defendants' objections to class determination [31-1] (Exhibit). (vmj) (Entered: 03/12/1993)

MOTION by defendants' for leave to file motion to dismiss instanter ; Notice of motion. (vmj) (Entered: 03/15/1993)

MOTION by defendants' for summary judgment as to plaintiff Aaron Booker . (vmj) (Entered: 03/15/1993)

MEMORANDUM by defendants' in support of motion for summary judgment as to plaintiff Aaron Booker [36-1] ans 12(m) factual statement (Exhibits). (vmj) (Entered: 03/15/1993)

NOTICE of motion by defendants' regarding motion for summary judgment as to plaintiff Aaron Booker [36-1] and memorandum in support as to plaintiff Booker and 12(M) factual statement [37-1]. (vmj) (Entered: 03/15/1993)

MOTION by plaintiff Aaron Booker to strike defendants' motion for summary judgment (Attachments); Notice of motion. (vmj) (Entered: 03/15/1993)

MINUTE ORDER of 3/12/93 by Hon. Harry D. Leinenweber : Granting defendants' motion for leave to file motion to dismiss instanter [35-1]. Setting hearing on defendants' motions to dismiss [35-1], summary judgment as to plaintiff Booker [36-1], and the plaintiff's motion to strike defendants' motion for summary judgment [39-1] at 9:00 a.m. on 4/8/93. No notice (vmj) (Entered: 03/15/1993)

MOTION by defendants' to dismiss amended complaint . (vmj) (Entered: 03/15/1993)

MINUTE ORDER of 4/7/93 by Hon. Harry D. Leinenweber : Ruling date of April 8, 1993 on motion for class certification is stricken. The court will rule by mail. Mailed notice (vmj) (Entered: 04/08/1993)

MEMORANDUM, OPINION, AND ORDER (fce) (Entered: 05/06/1993)

MINUTE ORDER of 5/6/93 by Hon. Harry D. Leinenweber : Enter memorandum opinion and order: Granting plaintiff's motion for class determination for hiring claims [23-1] Status hearing set for 05/17/93 at 9:30 a.m. Mailed notice (fce) Modified on 05/10/1993 (Entered: 05/07/1993)

MINUTE ORDER of 5/18/93 by Hon. Harry D. Leinenweber : Denying defendant's motion to strike defendants' motion for summary judgment [39-1], Denying defendant's motion for summary judgment as to plaintiff Aaron Booker [36-1] as moot. Plaintiffs' to file second amended complaint by 06/01/93. Defendants' to answer or otherwise plead by 06/11/93. Status hearing held; continued to 06/23/93 at 9:00 a.m. No notice (fce) (Entered: 05/19/1993)

SECOND AMENDED COMPLAINT [17-1] by plaintiff Glenn Koski, plaintiff Fred Winterroth, plaintiff Jesse Bean, plaintiff Jerry Myers, plaintiff Anthony Bishop, plaintiff Aaron Booker, plaintiff Owen Reeves, plaintiff Michael Mobley (Exhibits) (fce) (Entered: 06/02/1993)

MOTION by plaintiffs' to add party plaintiff ; Notice of motion (fce) Modified on 06/24/1993 (Entered: 06/24/1993)

MOTION by plaintiffs' to enjoin defendants from record destruction (fce) (Entered: 06/24/1993)

THIRD MOTION by plaintiffs' to compel discovery (Exhibits); Notice of motion (fce) (Entered: 06/24/1993)

SUPPLEMENT by plaintiffs' to third motion to compel discovery [49-1] (Exhibits) (fce) (Entered: 06/24/1993)

MOTION by defendants' for extension of time to answer or otherwise plead ; Notice of motion (fce) (Entered: 06/24/1993)

MINUTE ORDER of 6/22/93 by Hon. Harry D. Leinenweber : Granting defendants' motion for extension of time to answer or otherwise plead [51-1]. Plaintiff's third motion to compel [49-1] discovery is granted. Defendant ordered to produce by 07/02/93. Plaintiff's motion to enjoin defendants from record destruction [48-1] is granted. Plaintiff's motion to add party plaintiff [47-1] is granted. All discovery to be completed by 07/06/93. Defendant to file motion to dismiss with supporting brief by 07/02/93. No notice (fce) (Entered: 06/24/1993)

AMENDMENT to the second amended complaint by plaintiff to motion to add party plaintiff [47-1] (fce) (Entered: 06/24/1993)

ANSWER TO SECOND AMENDED COMPLAINT by defendants; Notice of filing. (fce) (Entered: 07/06/1993)

RESPONSE by defendants to plaintiffs' third motion to compel; Notice of filing (fce) (Entered: 07/08/1993)

PARTIAL MOTION by defendants to dismiss second amended complaint ; Notice of motion (fce) (Entered: 07/12/1993)

MINUTE ORDER of 7/9/93 by Hon. Harry D. Leinenweber : Defendant's motion to dismiss second amended complaint [56-1] Answer brief due 07/30/93. Reply to answer brief due 8/6/93. Ruling on motion to dismiss second amended complaint [56-1] on 09/15/93 at 9:00 a.m. Status hearing re-set for 09/15/93 at 9:00 a.m. No notice (fce) (Entered: 07/12/1993)

RESPONSE by plaintiffs' to partial motion to dismiss second amended complaint [56-1] (Attachments) (fce) (Entered: 07/29/1993)

OBJECTION by plaintiffs' to defendants' motion to file reply (fce) (Entered: 08/16/1993)

MOTION by plaintiff to file reply to affirmative defenses ; Notice of motion (fce) (Entered: 08/20/1993)

MOTION by plaintiffs' to add party plaintiffs (fce) (Entered: 08/20/1993)

AMENDMENT TO SECOND AMENDED COMPLAINT by plaintiffs' adding paragraph 59b. (fce) (Entered: 08/20/1993)

AMENDMENT TO SECOND AMENDED COMPLAINT by plaintiffs' adding paragraph 59c (fce) (Entered: 08/20/1993)

FOURTH MOTION by plaintiffs' to compel discovery (Exhibits) (fce) (Entered: 08/20/1993)

MOTION by plaintiff to deem as admitted defendants' answers to certain paragraphs of second amended complaint (Exhibit) (fce) (Entered: 08/20/1993)

MOTION by defendants' for leave to file reply brief instanter ; Notice of motion (fce) (Entered: 08/20/1993)

MINUTE ORDER of 8/18/93 by Hon. Harry D. Leinenweber : Granting defendants' motion for leave to file reply brief instanter [66-1]. Granting plaintiffs' motion to deem as admitted defendants' answers to certain paragraphs of second amended complaint [65-1]. Granting plaintiffs' fourth motion to compel discovery [64-1] subject to protective order. Granting plaintiffs'motion to add party plaintiffs [61-1]. Amended complaint to be filed by 08/30/93. Defendant to answer amended complaint by 09/09/93. Granting plaintiffs' motion to file reply to affirmative defenses [60-1]. No notice (fce) (Entered: 08/20/1993)

REPLY by plaintiffs' to affirmative defenses (fce) (Entered: 08/20/1993)

REPLY by defendants' in support of partial motion to dismiss second amended complaint [56-1] (fce) (Entered: 08/20/1993)

MINUTE ORDER of 8/20/93 by Hon. Harry D. Leinenweber : Oral ruling date set for 09/15/93 on defendants' motion to dismiss is stricken. The court will rule by mail. Mailed notice (cdh) (Entered: 08/31/1993)

MOTION by plaintiffs to file third amended complaint ; Notice of motion. (fce) (Entered: 10/08/1993)

FIFTH MOTION by plaintiffs to compel discovery (Exhibits) (fce) (Entered: 10/08/1993)

MINUTE ORDER of 10/7/93 by Hon. Harry D. Leinenweber : Granting plaintiffs' motion for leave to file third amended complaint [71-1], Granting in part and denying in part plaintiffs' fifth motion to compel discovery [72-1] Status hearing set for 12/06/93 at 9:30 a.m. No notice (fce) (Entered: 10/08/1993)

THIRD AMENDED COMPLAINT [1-1], [17-1], [46-1] by plaintiffs ; jury demand; adding Dale Volle, James Harte (Exhibits) (fce) (Entered: 10/08/1993)

PROTECTIVE ORDER (fce) (Entered: 11/15/1993)

MINUTE ORDER of 11/12/93 by Hon. Harry D. Leinenweber : Enter agreed protective order. Mailed notice (fce) (Entered: 11/15/1993)

MEMORANDUM, OPINION, AND ORDER (fce) (Entered: 11/22/1993)

MINUTE ORDER of 11/19/93 by Hon. Harry D. Leinenweber : Enter Memorandum Opinion and Order: Defendants' motion to dismiss second amended complaint [56-1] is granted in part and denied in part. The motion to dismiss portions of Count I is denied. The motion to dismiss count II is granted Status hearing set for 11/30/93 at 9:00 a.m. Mailed notice (fce) Modified on 11/22/1993 (Entered: 11/22/1993)

MOTION by plaintiff James Harte, plaintiff Dale Volle to file supplement to third amended complaint (fce) (Entered: 12/07/1993)

MOTION by plaintiff James Harte, plaintiff Dale Volle, plaintiff Steven Sweeney to deem as admitted defendants' answers to certain paragraphs of third amended complaint (Exhibits) (fce) (Entered: 12/07/1993)

SIXTH MOTION by plaintiff James Harte, plaintiff Dale Volle, plaintiff Steven Sweeney to compel discovery (Exhibits); Notice of motion (fce) (Entered: 12/07/1993)

MINUTE ORDER of 11/30/93 by Hon. Harry D. Leinenweber : Plaintiff's sixth motion to compel discovery [81-1], the motion to deem as admitted defendants' answers to certain paragraphs of third amended complaint [80-1]and motion to file supplement to third amended complaint [79-1] is entered and continued to 12/06/93 at 9:00 a.m. Status hearing held. No notice (fce) (Entered: 12/07/1993)

MOTION by defendant for leave to file answer to third amended complaint instanter ; Notice of motion (fce) (Entered: 12/09/1993)

MOTION by plaintiff James Harte, plaintiff Dale Volle, plaintiff Steven Sweeney to narrow issues under Rule 16 (Exhibits); Notice of motion (fce) (Entered: 12/10/1993)

MINUTE ORDER of 12/6/93 by Hon. Harry D. Leinenweber : Granting defendant's motion for leave to file answer to third amended complaint instanter [83-1]. Granting plaintiff's sixth motion to compel discovery [81-1]. Granting plaintiff's motion to deem as admitted defendants' answers to certain paragraphs of third amended complaint [80-1]. Granting plaintiffs' motion to file supplement to third amended complaint [79-1]. Status hearing set for 02/05/94 at 9:00 a.m. No notice (fce) (Entered: 12/10/1993)

SUPPLEMENT to third amended complaint by plaintiff James Harte, plaintiff Dale Volle, plaintiff Steven Sweeney (fce) (Entered: 12/10/1993)

MINUTE ORDER of 12/9/93 by Hon. Harry D. Leinenweber : Status hearing re-set for 02/04/94 at 9:00 a.m. Mailed notice (fce) (Entered: 12/10/1993)

MINUTE ORDER of 12/16/93 by Hon. Harry D. Leinenweber : Defendants' motion for leave to file answer to third amended complaint instanter is granted. No notice (fce) (Entered: 12/17/1993)

ANSWER by defendants' to the third amended complaint (fce) (Entered: 12/17/1993)

AMENDED ANSWER [89-1] by defendant Terrance Gainer, defendant Harry Orr, defendant John Rednour, defendant David P Schippers to certain paragraphs of the third amended complaint; Notice of filing (fce) (Entered: 01/11/1994)

MOTION by plaintiff Owen Reeves, plaintiff Glenn Koski, plaintiff Fred Winterroth for discovery sanctions to bar unsupported contentions, and for other relief (Exhibits); Notice of motion (fce) (Entered: 01/25/1994)

ADDITIONAL EXHIBITS by plaintiff Owen Reeves, plaintiff Glenn Koski, plaintiff Fred Winterroth to third amended complaint (fce) (Entered: 01/25/1994)

MINUTE ORDER of 1/24/94 by Hon. Harry D. Leinenweber : Plaintiffs motion for discovery sanctions to bar unsupported contentions [91-1] is entered and continued to 2/4/94. Plaintiff's motion and for other relief [91-2] such as directing the Clerk of the District Court to retain at 219 S. Dearborn the file in the closed case of Dixon V. Margolis, 89 C 5019 and to allow plaintiffs to file the additional right to sue letters for new plaintiffs and new conduct as additional exhibits to their complaint is granted. Defendant is directed to respond to outstanding discovery by 02/04/94. No notice (fce) (Entered: 01/25/1994)

MINUTE ORDER of 2/4/94 by Hon. Harry D. Leinenweber : Status hearing reset for 2/18/94 at 9:00 a.m. Mailed notice. (smm) (Entered: 02/11/1994)

MOTION by defendants Terrance Gainer, Harry Orr, John Rednour, David P Schippers, Richard T Mitchell, Nancy Beasley, Fred E Inbau, James E Seiber, James Redlich, IL, St of to set discovery cutoff ; Notice of motion. (smm) (Entered: 02/22/1994)

MINUTE ORDER of 2/18/94 by Hon. Harry D. Leinenweber : Status hearing held; continued to 5/27/94 at 9:00 a.m. Defendant's motion to set discovery cutoff is granted [95-1]. Discovery cut-off is 5/31/94. No notice. (smm) (Entered: 02/22/1994)

SECOND MOTION by plaintiffs Owen Reeves, Glenn Koski, Fred Winterroth, Jesse Bean, Jerry Myers, Anthony Bishop, Aaron Booker, Michael Mobley, Steven Sweeney, Dale Volle, James Harte for discovery sanctions and to expand protective order ; Notice of motion. (smm) (Entered: 02/22/1994)

SEVENTH MOTION by plaintiffs Owen Reeves, Glenn Koski, Fred Winterroth, Jesse Bean, Jerry Myers, Anthony Bishop, Aaron Booker, Michael Mobley, Steven Sweeney, Dale Volle, James Harte to compel (Exhibits); Notice of motion with supplemental to second motion for discovery sanctions. (smm) (Entered: 02/22/1994)

MOTION by defendants Terrance Gainer, Harry Orr, John Rednour, David P Schippers, Richard T Mitchell, Nancy Beasley, Fred E Inbau, James E Seiber, James Redlich, IL, St of to reconsider rulings of 2/18/94 (Exhibits); Notice of motion. (smm) (Entered: 03/10/1994)