Case: Trent v. Missouri Pacific

Webb v. Missouri Pacific Rr Co.

U.S. Court of Appeals for the Eighth Circuit

CLERK'S MINUTES: trial began before Judge Howard and continuing 11/20/85,11/21,11/22,11/25,11/26,11/27 and will resume 12/2/85 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: trial continuing 12/2/85, 12/3, 12/5, 12/10, 12/11, 12/12, 12/16, 12/17, 12/18, 12/19, 12/23, 12/30 and will resume on 2/12/86 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: trial resuming 2/12/86, 2/13, 2/14, 2/18, 2/19, 2/20, 2/21, 2/24, 2/25, 2/26, 2/27 and will resume 3/24/86 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: trial resuming 3/24/86, 3/25, 3/26, 3/27, 3/28 and will resume 9/2/86 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES:trial resuming 9/2/86, 9/3, 9/17, 9/18, 9/19 and will continue 12/29/86 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: trial resumed 12/29/86, 12/30, 12/31 and will resume again on 1/13/87 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: trial resumed 1/13/87, 1/14, 1/15, 1/20, 1/21, 1/22, 1/23 and will resume 2/2/87 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: trial resumed on 2/2/87, 2/3, 2/4, 2/10, 2/11, 2/12, 2/13 and will resume on 3/30/87 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: trial resumed 3/30/87 and will resume on 4/2/87 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: trial resumed 4/2/87, at conclusion of pltfs evidence they rested and motions made. trial will resume 12/21/87 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: 12/21/87 arguments on motions and will resume 5/27/88 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES:arguments on motions resumed, and will continue trial 8/30/88 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: trial resumed 8/30/88, and 8/31/88, will resume again on 9/1/88 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: trial resumed 9/1/88, 9/2, 9/6, 9/7, 9/8, 9/9 and will resume 12/5/88 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES:trial resumed 12/5/88, 12/6, 12/7, 12/8, and 12/9 and will resume 1/3/89. (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES:trial resumed 2/21/89, 2/22, 2/23, 2/28 and will resume again on 3/1/89 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES: trial resumed and will continue 11/16/89. (former empl) (Entered: 12/12/1989)

Notice by defendant Missouri Pacific Railroad of filing: record of the proceedings before the Natl Transportation Safety Board regarding Amtrak derailment of 11−12−83 submitted to Judge Howard but not made part of the record. (plm) Modified on 11/02/1992 (Entered: 10/31/1989)

CLERK'S MINUTES:trial resumed 11/16/89, 11/17, 11/27, 11/28, 11/29 and will resume on 12/4/89 (former empl) (Entered: 12/12/1989)

CLERK'S MINUTES:trial resumed 12/4/89, 12/5, 12/6, 12/7, 12/8. (former empl) (Entered: 12/12/1989)

Memorandum of points and authorities by defendant Missouri Pacific (plm) Modified on 11/02/1992 (Entered: 12/07/1989)

ORDER by Judge George Howard Jr. deft's mot to preclude pltf's expert rebuttal testimony is granted (cc: all counsel) (plm) (Entered: 12/08/1989)

ORDER by Judge George Howard Jr. parties shall submit post−trial briefs by 5−31−90 and reply briefs are to be submitted by 7−31−90. (cc: all counsel) (plm) (Entered: 12/12/1989)

CLERK'S MINUTES: trial ended, parties to file briefs according to Court's oral instructions, case taken under advisement (former empl) (Entered: 12/12/1989)

Voucher #VO2337, check #50632 in the amount of $610.87 issued to Rosie Tillman and voucher #VO2338, check #50633 in the amount of $2443.49 issued to Sara Harris (Warren). (plm) (Entered: 03/14/1990)

MOTION by plaintiffs to extend time to submit post trial brief (bfw) (Entered: 05/22/1990)

Response by defendants to motion to extend time to submit post trial brief [1118−1] (bfw) Modified on 12/18/1992 (Entered: 05/24/1990)

ORDER by Judge George Howard Jr. granting in part motion to extend time to submit post trial brief [1118−1]; post trial briefs due by 7/9/90; reply briefs to be submitted by 9/10/90 (cc: all counsel) (EOD 5/24/90) (bfw) (Entered: 05/24/1990)

MOTION by plaintiffs to extend time to submit opening brief (former empl) (Entered: 07/06/1990)

BRIEF by plaintiffs in support of motion to extend time to submit opening brief [1121−1] (former empl) (Entered: 07/06/1990)

Response by defendant Missouri Pacific Rai to motion to extend time to submit opening brief [1121−1] (bfw) (Entered: 07/06/1990)

ORDER by Judge George Howard Jr. granting motion to extend time to submit opening brief [1121−1] ; Brief ddl extended until 7/31/90 ; reply brief due by 10/1/90 (cc: all counsel) (former empl) (Entered: 07/09/1990)

MOTION by plaintiff SW Workers Fed, plaintiff James R Douglas, plaintiff Robert Webb, plaintiff Lawrence Barbee to extend time to file post trial brief (former empl) (Entered: 07/27/1990)

Supplement by plaintiffs to motion to extend time to file post trial brief [1125−1] (former empl) (Entered: 07/27/1990)

Response by defendant Missouri Pacific Rai in opposition to motion to extend time to file post trial brief [1125−1] (former empl) (Entered: 07/27/1990)

RENEWED MOTION by defendant Missouri Pacific Railroad for complete or partial decertification of subclasses. (maj) Modified on 09/05/1990 (Entered: 09/05/1990)

Memorandum by defendant Missouri Pacific Rai in support of renewed motion for complete or partial decertification of subclasses. [1129−1] (maj) (Entered: 09/05/1990)

MOTION by plaintiffs SW Workers Fed, James R Douglas, Robert Webb and Lawrence Barbee to extend time to file reply brief (former empl) (Entered: 10/12/1990)

Response by defendant Missouri Pacific Rai to motion to extend time to file reply brief [1131−1] (former empl) (Entered: 10/12/1990)

ORDER by Judge George Howard Jr. granting motion to extend time to file reply brief [1131−1] ; Brief due 11/5/90 (cc: all counsel) (former empl) (Entered: 10/15/1990)

MOTION by plaintiff to amend complaint &to file supplemental brief (former empl) (Entered: 03/13/1992)

BRIEF in support by plaintiff to motion to amend complaint &to file supplemental brief [1134−1] (former empl) Modified on 03/20/1992 (Entered: 03/13/1992)

Opposition by defendant Missouri Pacific Rai to motion to amend complaint &response to motion to file supplemental brief [1134−1] (former empl) (Entered: 03/25/1992)

ORDER by Judge George Howard Jr. denying motion to amend complaint &granting motion to file supplemental brief; parties have until 4/30/92 to submit post−trial briefs with supplemental reply briefs to be submitted by 5/15/92. [1134−1] (cc: all counsel) (plm) (Entered: 04/01/1992)

NOTICE by defendant Missouri Pacific Railroad of change of address of atty Douglas C. Herbert (bmt) (Entered: 04/23/1992)

Supplemental Post−trial BRIEF filed by defendant Missouri Pacific Railroad (former empl) (Entered: 05/01/1992)

Supplemental post−trial BRIEF filed by plaintiffs (former empl) (Entered: 05/01/1992)

REPLY by defendant Missouri Pacific to plaintiff's supplemental post−trial brief [1140−1] (former empl) (Entered: 05/18/1992)

ORDER by Judge George Howard Jr., directing the parties to file supplemental Briefs concerning dismissal of discipline &foreman promotion claims of the MOW within 15 days of this order (cc: all counsel) (EOD 09/01/92) (former empl) (Entered: 09/01/1992)

MOTION by plaintiffs to extend time to submit supplemental brief pursuant to the Court's order of 09/01/92 (former empl) (Entered: 09/17/1992)

Supplemental BRIEF filed by defendant Missouri Pacific concerning issues remaining for Court's decision (former empl) (Entered: 09/18/1992)

ORDER by Judge George Howard Jr. granting motion to extend time until 09/21/92 to submit supplemental brief pursuant to the Court's order of 09/01/92 [1143−1] (cc: all counsel) (former empl) (Entered: 09/18/1992)

SUPPLEMENTAL BRIEF filed by plaintiffs on remaining Title VII Issues (maj) (Entered: 09/22/1992)

RESPONSE by defendant Missouri Pacific to Court's 12/7/92 order [1147−1] (former empl) (Entered: 12/22/1992)

MEMORANDUM OPINION &ORDER by Judge George Howard Jr. concerning remaining issues in liability stage; deft found not to discriminate against applicant subclass; deft found to discriminate against MOW subclass in job assignments &promotions; deft found to discriminate against MOW &transportation subclasses in terms &conditions of employment; deft found to discriminate against MOW subclass in discipline &discharge; rulings on individual claims of Webb, Franklin, Sykes, Deloney, Carter, Williams, Barbee, Stewart; parties are directed to advise within 10 days the court if issues remain; parties directed to meet in settlement conference within 30 days &file joint status report concerning settlement conference within 20 days thereafter (cc: all counsel) (former empl) (Entered: 07/19/1993)

MOTION by plaintiffs to extend time to comply with this Court's order of 7/16/93 (bmt) (Entered: 07/27/1993)

ORDER by Judge George Howard Jr. granting motion to extend time to comply with this Court's order [1150−1]; pltfs will have 10 addl days in which to advise the Court whether it addressed all issues tendered for resolution in its order dated 7/16/93 (cc: all counsel) EOD 7/30/93 (bmt) (Entered: 07/30/1993)

REPORT to court by pltfs purs to memorandum opinion &order [1149−1] (bmt) (Entered: 08/10/1993)

RESPONSE by defendant Missouri Pacific to court's memorandum opinion &order of 7/16/93 [1149−1] (bmt) (Entered: 08/10/1993)

MOTION by defendant Missouri Pacific to establish briefing schedule concerning proposed remedies (bmt) (Entered: 08/16/1993)

JOINT status report by pltfs and deft Missouri Pacific in response to the court's memorandum and opinion [1149−1] (bmt) (Entered: 08/16/1993)

MOTION by plaintiffs to establish briefing schedule concerning proposed remedies (bmt) (Entered: 08/20/1993)

RESPONSE by defendant Missouri Pacific to motion to establish briefing schedule concerning proposed remedies [1156−1] (bmt) (Entered: 08/23/1993)

REPLY by plaintiffs to deft Missouri Pacific Railroad's response to court's order of 7/16/93 [1153−1] (bmt) (Entered: 08/24/1993)

ORDER by Judge George Howard Jr. granted in part &denied in part the motions to establish briefing schedule concerning proposed remedies [1154−1] [1156−1]; pltfs shall file their brief concerning remedial issues w/n 45 days of the date of this order; deft shall file its resp to pltfs' brief 30 days thereafter; pltfs shall file their reply 15 days thereafter (cc: all counsel) EOD 8/26/93 (bmt) (Entered: 08/26/1993)

RESPONSE by defendant Missouri Pacific to pltfs' reply concerning unresolved issues [1158−1] (bmt) (Entered: 08/27/1993)

MOTION by plaintiffs to extend time to submit brief concerning the remedial issues (bmt) (Entered: 10/08/1993)

ORDER by Judge George Howard Jr. granting pltf's motion to extend time until 10/18/93 to submit brief concerning the remedial issues [1161−1] (EOD 10/12/93) (cc: all counsel) (bsm) (Entered: 10/12/1993)

BRIEF filed by plaintiffs regarding class−wide remedies (bmt) (Entered: 10/19/1993)

REPLY brief by plaintiff regarding class−wide remedies [1163−1] (bmt) (Entered: 12/03/1993)

MEMORANDUM OPINION AND ORDER by Judge George Howard Jr. that deft Missouri−Pacific's requested relief is denied (cc: all counsel) (bmt) (Entered: 12/07/1993)

FACTUAL Clarifications defendant Missouri concerning stage II remedy proposals [1163−1] (bmt) (Entered: 12/23/1993)

MOTION by plaintiffs to add Lawrence Barbee, Billy Joe Collins &Barry Duran Stewart as additional class representatives to the transportation subclass (bmt) (Entered: 01/07/1994)

Objections by defendant Missouri Pacific to motion to add Lawrence Barbee, Billy Joe Collins &Barry Duran Stewart as additional class representatives to the transportation subclass [1168−1] (former empl) (Entered: 01/20/1994)

ORDER by Judge George Howard Jr. granting motion to add Lawrence Barbee, Billy Joe Collins &Barry Duran Stewart as additional class representatives to the transportation subclass [1168−1] (cc: all counsel) (former empl) (Entered: 01/20/1994)

ORDER by Judge George Howard Jr. allowing plaintiffs 15 days to submit a response to defendant's proposal regarding injunctive relief; parties are directed to file simultaneous Briefs due 4/15/94 &20 days thereafter to file responses and briefs regarding damage issues (cc: all counsel) (former empl) (Entered: 03/24/1994)

Agreement &opposition by plaintiffs to defendant's proposal regarding injunctive remedies [1172−1] (former empl) Modified on 04/04/1994 (Entered: 04/04/1994)

REPLY by defendant Missouri Pacific to plaintiff's agreement and opposition to defendant's proposal regarding injunctive remedies [1172−1] (former empl) (Entered: 04/05/1994)

ORDER &Decree by Judge George Howard Jr. enjoining defendant from any and all discriminating practices as fully defined in this order (cc: all counsel) (former empl) (Entered: 04/18/1994)

BRIEF filed by plaintiffs regarding procedure the Court should take in determining damages (bmt) (Entered: 04/19/1994)

BRIEF filed by defendant Missouri Pacific concerning procedures for determining damages (bmt) (Entered: 04/19/1994)

REPLY by plaintiffs to defendant's brief concerning procedures for determining damages [1176−1] (former empl) (Entered: 05/10/1994)

REPLY by defendant Missouri Pacific to plaintiffs brief regarding procedure the court should take in determining damages [1175−1] (former empl) (Entered: 05/10/1994)

NOTICE of appeal by defendant Missouri Pacific from District Court decision [1174−1] (appeal fees paid) (2 certified copies to Clerk 8USCA), (cc: counsel) (dac) (Entered: 05/18/1994)

TRANSCRIPT PURCHASE ORDER by defendant Missouri Pacific (dac) (Entered: 06/01/1994)

DOCKETING LETTER: 8 USCA Number 94−2305; counsel to proceed on appendix (dac) (Entered: 05/31/1994)

NOTICE by defendant Missouri Pacific of implementation of selection procedures ordered by the Court (former empl) (Entered: 10/19/1994)

RESPONSE by plaintiffs to motion for modification of injunctive decree [1182−1] (bmt) (Entered: 01/26/1995)

REPLY by defendant Missouri Pacific to response to motion for modification of injunctive decree [1182−1] (bmt) (Entered: 01/26/1995)

ORDER by Judge George Howard Jr. granting motion for modification of injunctive decree [1182−1]; a separate order will be entered with the specific modifications (cc: all counsel) (former empl) (Entered: 02/15/1995)

ORDER by Judge George Howard Jr. setting forth specific modifications of the Court's Order and Decree of 04/18/94 dealing with injunctive measures (cc: all counsel) (former empl) (Entered: 02/15/1995)

ORDER by Judge George Howard Jr. proceedings are stayed pending appeal. Clerk is directed to administratively remove this action from the Court's active docket terminating case (cc: all counsel) (dac) (Entered: 03/10/1995)

ORDER (8 USCA) court reporter is directed to show within 15 days of the date of this order why she should not be held in contempt of court (dac) (Entered: 05/11/1995)

ORDER (8 USCA) due to mailing difficulties the court reporters copy of the 5/8/95 show cause order was returned to this office. Therefore, the court reporter now has 15 days from the date (5/15/95) of this order to respond (dac) (Entered: 05/18/1995)

ORDER (8 USCA); court has considered the court reporter's response to the show cause order. Court reporter is granted to 8/7/95 to file transcripts (dac) Modified on 06/13/1995 (Entered: 06/13/1995)

ORDER (8 USCA) Pegge Mrekel−Court Reporter is ordered to show cause within 15 days of the date of this order, why she should not be held in contempt of this court's 6/6/95 order, and fined $100.00 for every day beyond 8/21/95 that the transcript has not been completed (dac) (Entered: 08/31/1995)

TRANSCRIPT ( 6 volumes) (vols 1 − 4B) of court trial proceedings for the following dates: 11/19−22/85 ( [1179−1] (dac) (Entered: 09/18/1995)

TRANSCRIPT ( 5 volumes) (vols 5A−7) of court trial proceedings for the following dates: 11/25−27/85 ( [1179−1] (dac) (Entered: 09/18/1995)

TRANSCRIPT ( 4 volumes) (vols 8 −10) of court trial proceedings for the following dates: 12/2,3,5/85 ( [1179−1] ) (dac) (Entered: 09/18/1995)

TRANSCRIPT ( 3 volumes) (vols 11−13) of court trial proceedings for the following date(s): 12/10−12/85 [1179−1] (dac) (Entered: 09/18/1995)