Case: McGee v. Illinois Department of Transportation

COMPLAINT; jury demand -Civil cover sheet - Appearance(s) of Michael M. Mulder, Jamie S. Franklin as attorney(s) for plaintiff(s) (Four original and four copies summons(es) issued.) ( Documents: (1-1 through 1-3)) (ntf) Modified on 01/14/2002 (Entered: 01/14/2002)

RECEIPT regarding payment of filing fee paid; on 1/11/02 in the amount of $ 150.00, receipt # 10312997. (ntf) (Entered: 01/14/2002)

REFERRAL ORDER of 1/24/02 The case is referred to the Hon. Edward A. Bobrick from the Hon. Paul E. Plunkett for all discovery motion, supervision, settlement conference and to hold status hearings as necessary to advance case to trial. (For further detail see order.) Mailed notice (mw) (Entered: 01/25/2002)

ATTORNEY APPEARANCE for defendants by Meghan O'Donnell Maine, Arundathi P. Rao. (mw) (Entered: 02/06/2002)

AGREED MOTION by defendant for enlargement of time to answer or otherwise plead to plaintiffs' complaint ; Notice. (mw) (Entered: 02/06/2002)

MINUTE ORDER of 2/6/02 by Hon. Paul E. Plunkett : Defendants' agreed motion for enlargement of time to answer or otherwise plead to the complaint, to and including 03/06/02 [4-1], granted. Telephoned notice (mw) (Entered: 02/06/2002)

MINUTE ORDER of 2/28/02 by Hon. Edward A. Bobrick : Status hearing set for 03/20/02 at 10:00 a.m. Initial status hearing set before Magistrate Judge Bobrick in Courtroom 1300 for 03/20/02 at 10:00 a.m. The parties are directed to file an initial status report as provided by this order. (See reverse of minute order.) Mailed notice by judge's staff (mw) (Entered: 02/28/2002)

MOTION by defendants to stay proceedings (Attachments); Notice. (mw) (Entered: 03/13/2002)

MOTION by defendants to transfer case based on relatedness ; Memorandum of law in support (Attachments); Notice. (mw) (Entered: 03/13/2002)

MOTION by defendants to transfer case based on relatedness to Judge Norgle ; Memorandum of law in support (Attachments) Notice. (mw) Modified on 03/25/2002 (Entered: 03/25/2002)

MINUTE ORDER of 3/12/02 by Hon. Paul E. Plunkett : Defendants' motion to stay proceedings pending a ruling on defendants' motion for transfer based on relatedness [7-1], granted. Mailed notice (mw) (Entered: 03/13/2002)

SCHEDULE set on 3/19/02 by Hon. Edward A. Bobrick : Status hearing reset from 10:00 3/20/02 to 10:00 4/15/02 . Mailed notice (tmh) (Entered: 03/19/2002)

MINUTE ORDER of 3/25/02 by Hon. Charles R. Norgle Sr : Defendants' motion to transfer based on relatedness [10-1], [8-1] granted. Telephoned notice (mw) (Entered: 03/25/2002)

JOINT STATUS REPORT by defendants IL Dept Trans, Dennis Mahoney, John Kos (Attachments); Notice. (mw) (Entered: 04/12/2002)

SCHEDULE set on 4/12/02 by Hon. Edward A. Bobrick : Status hearing reset from 10:00 4/15/02 to 10:00 5/14/02 . Mailed notice (tmh) (Entered: 04/12/2002)

SCHEDULE set on 4/18/02 by Hon. Paul E. Plunkett : Status hearing set to 9:30 5/16/02 . Mailed notice (tbk) (Entered: 04/18/2002)

SCHEDULE set on 5/10/02 by Hon. Edward A. Bobrick : Status hearing reset from 10:00 5/14/02 to 10:00 5/22/02 . Mailed notice (tmh) (Entered: 05/10/2002)

NOTICE by defendants of motion regarding their motion to transfer based on relatedness (Attachments). (mw) (Entered: 05/22/2002)

MINUTE ORDER of 5/22/02 by Hon. Sidney I. Schenkier : Status hearing held and continued to 06/20/02 at 9:00 a.m. Defendants' shall response to the complaint shall be filed on or before 06/19/02. The parties are to conduct a planning conference on or before 06/12/02. A joint report of planning conference shall be filed on or before 06/19/02 th a courtesy copy delivered to chambers, room 1756. Mailed notice by judge's staff (mw) (Entered: 05/22/2002)

MINUTE ORDER of 5/22/02 by Hon. Sidney I. Schenkier : Motion hearing held. Defendants motion to transfer based on relatedness is granted. The Court finds that this case is related under the criteria of Local Rule 40.4 to Massie v. IDOT, 96 C 4830, that was before this Court pursuant to consent under 28 USC 636(c). The Massie litigation was resolved under a consent decree over which this Court has retained enforcement jurisdiction. Mailed notice by judge's staff (mw) (Entered: 05/22/2002)

MINUTE ORDER of 5/22/02 by Hon. Edward A. Bobrick : Status hearing held. This case is related to 96 C 4830 and is in the process of being transferred to Magistrate Judge Schenkier. Consequently, all matters relating to the referral of this action having been resolved, the case is returned to the assigned Judge. Terminating the case referral to Hon. Edward A. Bobrick. Mailed notice by judge's staff (mw) (Entered: 05/22/2002)

CONSENT by plaintiffs to exercise of jurisdiction by a United States Magistrate Judge. (mw) (Entered: 06/28/2002)

CONSENT by defendants to exercise of jurisdiction by a United States Magistrate Judge. (mw) (Entered: 06/28/2002)

REASSIGNMENT ORDER of 6/18/02 This case is reassigned to the Hon. Sidney I. Schenkier from the Hon. Paul E. Plunkett pursuant to local General Rule 13 of the IOP. (For further detail see order.) Mailed notice (mw) (Entered: 06/28/2002)

INITIAL STATUS REPORT by defendants (Attachments); Notice. (mw) Modified on 06/20/2002 (Entered: 06/20/2002)

MOTION by defendants to dismiss plaintiffs' complaint ; Memorandum in support (Attachments); Notice. (mw) (Entered: 06/20/2002)

INITIAL STATUS REPORT by defendants (Attachments); Notice. (mw) (Entered: 06/20/2002)

MINUTE ORDER of 6/20/02 by Hon. Sidney I. Schenkier : Status hearing held. The parties shall make Rule 26(a)(1) disclosures by 07/11/02. Plaintiff shall disclose experts and submit Rule 26 reports by 11/18/02. Defenadnts shall disclose experts and submit Rule 26 report by 12/16/02. All discovery shall be completed by 01/31/03. The Court sets the following briefing schedule on defendants' motion to dismiss plaintiffs' complaint [18-1]: plaintiffs' response shall be filed by 07/18/02 and defendants' reply shall be filed by 08/08/02. The Court will rule by mail. Mailed notice by judge's staff (mw) (Entered: 06/20/2002)

RESPONSE by plaintiffs to defendants' motion to dismiss plaintiffs' complaint [18-1]; Notice. (mw) (Entered: 07/18/2002)

REPLY by defendants in support of their motion to dismiss plaintiffs' complaint [18-1]; Notice. (fce) (Entered: 08/16/2002)

SCHEDULE set on 8/29/02 by Hon. Sidney I. Schenkier : Status hearing held and continued to 9:00 a.m. on 10/24/02. Mailed notice (fce) (Entered: 08/29/2002)

SCHEDULE set on 10/21/02 by Hon. Sidney I. Schenkier : Status hearing reset to 9:00 a.m. on 10/31/02. Mailed & Telephoned notice (fce) (Entered: 10/21/2002)

MINUTE ORDER of 10/31/02 by Hon. Sidney I. Schenkier : Status hearing held and continued to 12/10/02 at 9:00 a.m. Enter protective order, as modified by the court. The plaintiffs shall disclose experts and submit Rule 26 reports by 12/18/02. The defendants shall disclose experts and submit Rule 26 reports by 01/17/03. All expert discovery shall be completed by 02/28/03. (Entered Protective Order.) Mailed notice (gcy) (Entered: 11/01/2002)

MINUTE ORDER of 11/4/02 by Hon. Sidney I. Schenkier: Defendants' motion to dismiss plaintiffs' complaint [18-1], is granted in part and denied in part. Entered Memorandum Opinion and Order. Notices mailed by judge's staff (cdy)

MINUTE ORDER of 12/10/02 by Hon. Sidney I. Schenkier : Status hearing held and continued to 01/23/03 at 9:00 a.m . Defendant is granted leave to file an answer to the complaint by 12/23/02. Mailed notice by judge's staff (gcy) (Entered: 12/11/2002)

ANSWER by Kenneth Chlebicki to plaintiff's complaint [1-1]; Notice. (gcy) (Entered: 12/26/2002)

ANSWER by Dennis Mahoney to plaintiffs' complaint [1-1]. (gcy) (Entered: 12/26/2002)

ANSWER by IL Dept Trans plaintiffs' complaint [1-1]. (gcy) (Entered: 12/26/2002)

ANSWER by John Kos to plaintiff's complaint [1-1]; Notice. (gcy) (Entered: 01/03/2003)

SCHEDULE set on 1/9/03 by Hon. Sidney I. Schenkier : Settlement conference set for 1:30 p.m. on 2/11/03, 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 is as follows: plaintiff's counsel shall serve on defense counsel a written settlement demand by 01/27/03. Defendant's counsel shall serve on plaintiff's counsel a written settlement offer by 02/05/03. Plaintiff's counsel shall deliver copies of these letters to chambers by noon on 02/06/03. Parties with ultimate settlement authority to be present at the conference. Mailed & Telephoned notice (fce) (Entered: 01/09/2003)

MINUTE ORDER of 1/9/03 by Hon. Sidney I. Schenkier: The parties joint request to extend discovery deadlines is granted. The plaintiff shall disclose experts and submit Rule 26 reports by 03/07/03. The defendant shall disclose experts and submit Rule 26 reports by 04/11/03. All discovery ordered closed on 05/30/03. , The 01/23/03 status hearing is stricken. Mailed notice by judge's staff (gcy) (Entered: 01/13/2003)

SCHEDULE set on 2/5/03 by Hon. Sidney I. Schenkier : Settlement conference reset for 1:30 p.m. on 4/1/03, at the parties request. The schedule for exchange of demand and offer is modified as follows: plaintiff's counsel shall serve on defense counsel a written settlement demand by 03/14/03. Defendant's counsel shall serve on plaintiff's counsel a written settlement offer by 03/25/03. Plaintiff's counsel shall deliver copies of these letters to chambers by noon on 03/26/03. Parties with ultimate settlement authority to be present at the conference. Mailed & Telephoned notice (fce) (Entered: 02/05/2003)

MINUTE ORDER of 5/12/03 by Hon. Sidney I. Schenkier : Telephone status conference held 05/09/03. Settlement conference set for 05/13/03 is stricken. On defendant's oral motion, discovery deadline is extended to 06/17/03 . No further extensions will be allowed. The final pretrial order shall be filed in open court on 07/15/03 at 9:00 a.m. The final pretrial order must be prepared in accordance with the Court's standing order (a copy of which is enclosed.) Mailed notice by judge's staff (gcy) (Entered: 05/13/2003)

MOTION by defendant for leave to file a motion for summary judgment ; Notice. (gcy) (Entered: 07/11/2003)

MINUTE ORDER of 7/10/03 by Hon. Sidney I. Schenkier : Status hearing re- set 08/21/03 at 9:00 a.m. Motion hearing held. Defedants'motion for leave to file a motion for summary judgment is granted [35-1]. Defedants' motion for summary judgment and supporting memorandum shall be filed by 07/31/03. Plaintiff's response shall be filed by 08/21/03. Defendants' reply shall be filed by 09/04/03. The Court will rule by mail. The final pretrial order shall be filed in open court on 08/21/03 at 9:00 a.m. Mailed notice by judge's staff (gcy) (Entered: 07/11/2003)

MINUTE ORDER of 7/30/03 by Hon. Sidney I. Schenkier : Status hearing reset to 08/28/03 at 9:00 a.m. Defendants unopposed oral request for an extension of time to file motion for summary judgment is granted. Defendant's motion for summary judgment shall be filed by 08/07/03. Plaintiff's response shall be filed by 08/28/03. Final pretrial order shall be filed in open court on 08/28/03 at 9:00 a.m. Defendant's reply shall be filed by 09/11/03. Telephoned notice (gcy) (Entered: 08/01/2003)

MOTION by defendant for leave to file memorandum of law in support of their motion for summary judgment in excess of fifteen pages ; Notice. (gcy) (Entered: 08/07/2003)

MINUTE ORDER of 8/6/03 by Hon. Sidney I. Schenkier : Defendant's motion for leave to file memorandum of law in support of their motion for summary judgment in excess of fifteen is granted [38-1]. Plaintiff's response may be 27 pages in length. Defendants' reply may be 20 pages in length. Mailed notice by judge's staff (gcy) (Entered: 08/07/2003)

MOTION by defendant for summary judgment (Attachments); Memorandum in support; Rule 56.1 Statement; Notice. (gcy) (Entered: 08/08/2003)

MOTION by plaintiff to defer briefing on motion for summary judgment or, alternatively to set a rule 43(e) hearing (Attachments); Notice. (gcy) (Entered: 09/02/2003)

MINUTE ORDER of 8/28/03 by Hon. Sidney I. Schenkier : Status hearing held and continued to 11/05/03 at 9:00 a.m. Motion hearing held. Plaintiffs' motion to defer briefing on motion for summary judgment is granted [41-1]. Plaintiff's alternative motion to set a rule 43(e) hearing is denied [41-2]. Plaintiffs' response to fact statements shall be filed by 10/01/03. Defendants' reply shall be filed by 10/22/03. The Court will rule by mail. The final pretrial order is stricken. Mailed notice by judge's staff (gcy) (Entered: 09/02/2003)

EXHIBIT LIST by plaintiffs; (3 vols. 1-12, 27-33, 34-44) (gcy) (Entered: 10/10/2003)

EXHIBITS LISTS by plaintiff; (2 vols, exh. 12-19 and 45-63 ). (RESTRICTED). (gcy) Modified on 10/15/2003 (Entered: 10/10/2003)

AGREED MOTION by parties to file certain exhibits under seal ; Notice. (gcy) (Entered: 10/10/2003)

AFFIDAVIT of Jamie Franklin. (gcy) (Entered: 10/10/2003)

AFFIDAVIT of Mattie Pool (Attachments). (gcy) (Entered: 10/10/2003)

LOCAL RULE 56.1(b)(3)(B) Statement of additional facts by plaintiff (gcy) (Entered: 10/10/2003)

RESPONSE by plaintiff to Rule 56.1 statement of facts. (gcy) (Entered: 10/10/2003)

MINUTE ORDER of 10/14/03 by Hon. Sidney I. Schenkier : Agreed motion to file certain exhibits under seal is granted. The "Clerk of the Court" is hereby directed to place under seal, exhibits 12,13,14,1,5,18,19 and 45-63, submitted by plaintiffs in opposition to defendants' motion for summary judgment until further order of the court. Mailed notice (gcy) (Entered: 10/15/2003)

MOTION by defendants to strike in part plaintiff's response to defendants Local Rule 56.1 statement of uncontested facts and plaintiff's statement of additional facts ; Notice. (gcy) (Entered: 12/01/2003)

RESPONSE by defendants to plaintiffs statement of additional facts; Notice. (gcy) (Entered: 11/14/2003)

RESPONSE by plaintiff to defendant's motion to strike. (gcy) (Entered: 11/21/2003)

MINUTE ORDER of 11/26/03 by Hon. Sidney I. Schenkier : Defendants' motion to strike in part plaintiff's responses to defendants Local Rule 56.1 statement of uncontested facts and plaintiff's statement of additional facts [53-1] is taken under advisement. The plaintiffs' response is due by 12/22/03. If plaintiff intends to file a motion to strike, that motion must be filed by 12/22/03. If necessary , the defendants' response to plaintiffs' motion to strike due by 01/12/04. The Court will notify the parties by minute order of its ruling, or if additional briefing is necessary. Mailed notice (gcy) (Entered: 12/01/2003)

RESPONSE by plaintiff to defendants' motion to strike in [53-1]. (gcy) (Entered: 12/23/2003)

TRANSCRIPT of proceedings for the following date(s): 08/28/03 Before Honorable Sidney I Schenkier (gcy) (Entered: 01/02/2004)

MINUTE ORDER of 2/11/04 by Hon. Sidney I. Schenkier : Entered Memorandum Opinion and Order. For the reasons stated in the attached Memorandum Opinion and Order, this Court denies the defendants' motion for summary judgment is denied [40-1] on al l counts of plaintiffs' complaint as to defendants IDOT, Chlebicki and Mahoney. The Court, however, reserves ruling on the defendants' motion for summary judgment as to Mr. Kos. The Court orders the parties to submit briefs, limited to 10 p ages, on the issue of whether Mr. Kos' motion for summary judgment should be granted. The plaintiff's brief is due on or before 02/22/04; Mr. Kos's brief is due on or before 03/05/04. In light of this ruling, the defendants' motion to strike [53-1] is moot. Mailed notice by judge's staff (gcy)

SUPPLEMENTAL BRIEF by plaintiff on defendant John Kos' liability (Attachments). (gcy) (Entered: 02/24/2004)

REPLY by John Kos in support of his motion for summary judgment [40-1]; Notice. (gcy) (Entered: 03/08/2004)

MINUTE ORDER of 3/31/04 by Hon. Sidney I. Schenkier : Status hearing set for 4/15/04 at 9:00 a.m. Entered Memorandum Opinion and Order. The Court grants the motion for defendant John Kos for summary judgment on Counts I and II of the Amended Complain t (doc. # 40-1). The matter is set for a status conference on 4/15/04 at 9:00 a.m. the parties are directed to seriously explore settlement prior to the status conference, and to report to the Court at the status conference on the prospects of settlement. Mailed notice (gcy)

MOTION by plaintiffs for reconsideration (Attachments); Notice. (gcy) (Entered: 04/16/2004)

MINUTE ORDER of 4/15/04 by Hon. Sidney I. Schenkier : Status hearing held and continued to 7/13/03 at 9:00 a.m. Settlement conference is set for 6/1/04 at 1:30 p.m., in chambers 1756. The settlement conference will be conducted in accordance with the Court's Standing Order on Instructions for Settlement Conference. The schedule for exchange of demand and offer set forth in the standing order is as follows: plaintiffs' counsel shall serve on defense counsel a written settlement demand by 4/20/04. Defenants' counsel shall serve on plaintiffs' counsel a written settlement offer by 5/20/04. The parties shall deliver copies of these letters to chambers by close of business on 5/21/04. Parties with ultimate settlement authority must attend the conference. The parties are to submit pretrial order in open court on 7/13/04 at 9:00 a.m. Mailed notice (gcy) (Entered: 04/16/2004)

MINUTE ORDER of 4/15/04 by Hon. Sidney I. Schenkier : Entered Memorandum Opinion and Order. For the reasons stated in the attachmed memorandum opinion and order, plaintiff's motion for reconsideration (doc #61) is denied. Mailed notice by judge's staff (gcy) Modified on 04/15/2004

MOTION by defendants to reschedule settlement conference ; Notice. (gcy) (Entered: 05/27/2004)

RESPONSE by plaintiffs to defendants' motion to delay the settlement schedule. (gcy) (Entered: 05/25/2004)

MINUTE ORDER of 5/26/04 by Hon. Sidney I. Schenkier : Defendants' motion to reschedule settlement conference and the date for filing the pretrial order is granted. The settlement conference set 6/1/04 is stricken and reset to 7/21/04 at 1:30 p.m. The defendants' settlement offer letter is to be served on the plaintiff by 7/15/04. The plaintiff is to deliver a copy of both letters to chambers by close of business on 7/16/04. The Court defers the completion of the pre-trial order pending the settlement conference. The parties are to file final pre-trial order in open court on 8/10/04 at 9:00 a.m. The jury trial is set for 9/27/04 at 9:00 a.m. Mailed notice (gcy) (Entered: 05/27/2004)

SCHEDULE set on 7/21/04 by Hon. Sidney I. Schenkier : Settlement conference held and continued to 10:30 7/26/04 . Mailed notice (mmm) (Entered: 07/23/2004)

MINUTE ORDER of 7/26/04 by Hon. Sidney I. Schenkier : By agreement, the date of filing the final Pretrial order in open court is reset from 8/10/04 to 8/18/04 at 9:00 a.m. Mailed notice (gcy) (Entered: 07/27/2004)

MINUTE ORDER of 7/26/04 by Hon. Sidney I. Schenkier : Continued settlement conference held. By the close of business on 7/30/04, each side is to separately inform the court by facsimile (312/554-8677) whether that side accepts the Court's settlement recommendation. The matter is set for a telephone status conference on 8/03/04 at 8:15 a.m. Mailed notice (gcy) (Entered: 07/27/2004)

BILL OF COSTS submitted; Declaration of Thomas H. Lawrence in support (Attachments). (gcy) Modified on 08/23/2004 (Entered: 08/23/2004)

DECLARATION of Thomas H. Lawrence in support of bill of costs; Bill of costs. (gcy) (Entered: 08/23/2004)

MOTION by defendants IL Dept Trans, Kenneth Chlebicki, Dennis Mahoney to sever ; Memorandum of law in support; Notice. (emd) (Entered: 08/19/2004)

FINAL PRE-TRIAL ORDER (emd) (Entered: 08/19/2004)

MINUTE ORDER of 8/18/04 by Hon. Sidney I. Schenkier : Status hearing held. Pretrial conference set for 9/14/04 at 1:30pm. The parties submit their pretrial order in open court. The defendants submit their motions in-limine to the Court. The plaintiffs are to respond to the motions in-limine by 8/25/04. The defendants are given leave to file their motion for severance of the trial. The plaintiffs' response is due by 8/25/04 [69-1]. The parties are to meet and confer regarding the proposed trial exhibits; to the extent that there are any objections to the proposed trial exhibits, the parties are to submit to the Court a list of the exhibits objected to and the reasons for the objections by 9/9/04. The Court will hold in abeyance its ruling on the Clay or Brown transcripts. The parties are to meet and confer regarding which documents the defendant wants to use from the bulk masterfile personnel file exhibit. Mailed notice (emd) (Entered: 08/19/2004)

AMENDED EXHIBIT LIST by defendant; Notice. (gcy) Modified on 08/23/2004 (Entered: 08/23/2004)

LETTER from plaintiffs' attorney to Judge Schenkier regarding new exhibits. (gcy) (Entered: 08/24/2004)

NOTICE by plaintiffs of objections to defendnts' amended exhibit list (Attachments). (gcy) (Entered: 08/24/2004)

ATTORNEY APPEARANCE for defendants by Ronald Anthony Rascia. (gcy) (Entered: 08/24/2004)

RESPONSE by plaintiffs to defendants' motion to sever [69-1]. (gcy) (Entered: 08/26/2004)

OMNIBUS RESPONSE by plaintiffs to defendants' 15 motions in limine (Attachments). (gcy) (Entered: 08/26/2004)

SCHEDULE set on 8/27/04 by Hon. Sidney I. Schenkier : motion inlimine hearing set for 3:30 8/30/04 . Telephone notice (mmm) (Entered: 08/27/2004)

MINUTE ORDER of 8/31/04 by Hon. Sidney I. Schenkier : For the reasons stated on the record in open court, defendants' motions in limine nos. 1-2,5,8,11- 12 and 14-15 are denied; defendants' motions in limine nos. 3 and 13 are granted; and rulings on defendants' motions in limine nos. 4,6-7 and 9-10 are deferred pending further proceedings. (See reverse of minute order.) Mailed notice (gcy) (Entered: 09/01/2004)

JOINT PROPOSED Voir Dire Questions; Notice. (gcy) Modified on 09/10/2004 (Entered: 09/10/2004)

REVISED EXHIBITS LIST by plaintiffs. (gcy) (Entered: 09/10/2004)

NOTICE by defendants of filing its Amended Exhibit List (Attachment). (jmp) (Entered: 09/16/2004)

MINUTE ORDER of 9/17/04 by Hon. Sidney I. Schenkier : Status hearing set for 9/21/04 at 9:30 a.m. Continued final pre-trial conference held. The defendants' motion in limine to bar Dr. Sensing as a witness is denied. The Court gives defendants leave to subpoena Dr. Sensing for a deposition. The parties are to meet and confer, and present to the Court joint jury instructions on 9/21/04 at 9:30 a.m. The Court enters its ruling to the parties' objections to the exhibits amd witness lists, and the parties disputes concerning the case statement and voire dire, on ther reverse of the order. Mailed notice by judge's staff (gcy) (Entered: 09/23/2004) conference held. The parties tender an agreed list of names to be read to prospective jurors. The parties submit an agreed revised set of stipulations to be read to prospective jurors. The parties tender proposed jury instructions. The defendants on the record withdraw their remaining objections to PX9 (as redacted by agreement of the parties), 15-37,38 (as redacted by agreement of the parties), Group PX 43 (as redacted by agreement to remove certain old performance evaluations), and 59-64. Those exhibits will be admitted into evidence, and may be inserted into the jurors exhibit books. Mailed notice (gcy) (Entered: 09/23/2004)

MINUTE ORDER of 9/21/04 by Hon. Sidney I. Schenkier : Continued pretrial conference held. The parties tender an agreed list of names to be read to prospective jurors. The parties submit an agreed revised set of stipulations to be read to prospective jurors. The parties tender proposed jury instructions. The defendants on the record withdraw their remaining objections to PX9 (as redacted by agreement of the parties), 15-37,38 (as redacted by agreement of the parties), Group PX 43 (as redacted by agreement to remove certain old performance evaluations), and 59-64. Those exhibits will be admitted into evidence, and may be inserted into the jurors exhibit books. Mailed notice (gcy) (Entered: 09/23/2004)

AMENDED PROPOSED JURY INSTRUCTIONS #12 and revised exhibit list by plaintiff. (gcy) (Entered: 09/29/2004)

AMENDED EXHIBIT list by defendants; Notice. (gma) (Entered: 09/27/2004)

MINUTE ORDER of 9/27/04 by Hon. Sidney I. Schenkier : Trial begisn-Jury. Jury trial held and continued to 9/28/04. Mailed notice (gcy) (Entered: 10/01/2004)

MINUTE ORDER of 9/28/04 by Hon. Sidney I. Schenkier : Jury trial held and continued to 9/29/04. Mailed notice (gcy) (Entered: 10/01/2004)