Case: Norris v. Metro-North Commuter Railroad Co.

Norris v. Metro-North Commuter

Norris v. Metro-North Commuter

Norris v. Metro-North Commuter

Norris v. Metro-North Commuter

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); Jury Trial Dem. FILING FEE $ 120 RECEIPT # 247716 (sc) (Entered: 10/11/1995)

CASE REFERRED TO Judge Sotomayor (sc)

RETURN OF SERVICE executed as to Metro-North Comm. by Linda Montanino, legal dept. on 10/11/95. Answer due on 10/31/95 for Metro-North Comm. (emil) (Entered: 10/24/1995)

STIPULATION and ORDER, answer due for 11/30/95 for Metro-North Comm. ( signed by Judge Sonia Sotomayor ). (cd) (Entered: 11/01/1995)

Notice of asgmnt. _ to Judge Sonia Sotomayor Copy of notice and judge's rules mailed to Attorney(s) of record: Alan L. Fuchsberg . (ba) (Entered: 11/01/1995)

Case accepted as related to 94CIV7374. Notice of assignment to follow. (ba) (Entered: 11/01/1995)

Case accepted as related to 94CIV7374. Notice of assignment to follow. (ba)

CASE MANAGEMENT PLAN setting Answer to be filed by 12/15/95 for Metro-North Comm. ( signed by Judge Sonia Sotomayor ) ; Copies mailed (kk) (Entered: 12/08/1995)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Motion or other Motion which does not require a report and recommendation ( signed by Judge Sonia Sotomayor ) Referred to Magistrate Judge Naomi R. Buchwald (kg) (Entered: 12/12/1995)

ANSWER to Complaint by Metro-North Comm. (Attorney Myron D. Rumeld) (kw) (Entered: 12/18/1995)

Rule 9 certificate filed by Metro-North Comm. (kw) (Entered: 12/18/1995)

Notice of reasgmnt _ to Judge Barbara S. Jones Copy of notice mailed to Attorney(s) of record: Myron D. Rumeld, Alan L. Fuchsberg . (rjm) (Entered: 01/30/1996)

NOTICE OF MOTION by Raymond Norris, Marvin Edwards, Eric Jones, Giesele Miguel to certify a class purs. to the FRCP, Rule 23(b)(2) , to consolidate this case w/ 94 CV 7374 , Return date not indicated. For original entries regarding this motion see 94 CV 7374. (emil) Modified on 11/19/1996 (Entered: 11/19/1996)

NOTICE OF MOTION by Raymond Norris, Marvin Edwards, Eric Jones, Giesele Miguel to certify a class purs. to the FRCP, Rule 23(b)(2), to consolidate this case w/ 94 CV 7374, Return date not indicated. For original entries regarding this motion see 94 CV 7374. (emil) Modified on 11/19/1996

Notice of reasgmnt _ to Judge Jed S. Rakoff Copy of notice and judge's rules mailed to Attorney(s) of record: Myron D. Rumeld, Alan L. Fuchsberg . (dg) (Entered: 02/26/1997)

Tele − conference held before Judge Rakoff on 4/8/97 (ls) (Entered: 04/09/1997)

Tele-conference held before Judge Rakoff on 4/8/97 (ls)

Case Management Plan in a Standard or Complex Case: Joining of parties, amending of pleadings on 4/15/97 Deadline for filing of all motions 8/22/97 Discovery cutoff 8/7/97 ( signed by Judge Jed S. Rakoff ); Copies mailed. (Original doc. filed in case #94 Civ. 7374, doc. #35) (ae) (Entered: 04/11/1997)

Case Management Plan in a Standard or Complex Case: Joining of parties, amending of pleadings on 4/15/97 Deadline for filing of all motions 8/22/97 Discovery cutoff 8/7/97 ( signed by Judge Jed S. Rakoff ); Copies mailed. (Original doc. filed in case #94 Civ. 7374, doc. #35) (ae)

STIPULATION and ORDER, for confidentiality ( signed by Judge Jed S. Rakoff ). (Original doc. filed in case #94 Civ. 7374, doc. #38) (ae) (Entered: 07/14/1997)

STIPULATION and ORDER, for confidentiality ( signed by Judge Jed S. Rakoff ). (Original doc. filed in case #94 Civ. 7374, doc. #38) (ae)

Tele − conference held before Judge Rakoff. (rag) (Entered: 08/06/1997)

Tele-conference held before Judge Rakoff. (rag)

ORDER, plaintiffs' motion for class certification is denied ( signed by Judge Jed S. Rakoff ); Copies mailed (Original is docketed in 94 civ. 7374 as doc. #40)) (kw) (Entered: 08/12/1997)

ORDER, plaintiffs' motion for class certification is denied ( signed by Judge Jed S. Rakoff ); Copies mailed (Original is docketed in 94 civ. 7374 as doc. #40)) (kw)

a telephone conference was held on 8/20/97 before Judge Rakoff in the above captioned case (ls) (Entered: 08/22/1997)

a telephone conference was held on 8/20/97 before Judge Rakoff in the above captioned case (ls)

NOTICE OF MOTION by Metro − North Comm. for an Order, purs. to Rule 56 of the FRCP, for summary judgment ; Return date 9/25/97. (Original filed in 94 civ 7374, doc. #42) (sac) (Entered: 09/17/1997)

Rule 56.1 statement filed by Metro − North Comm. (original docketed in 94 − 7374,#44) (sac) Modified on 09/18/1997 (Entered: 09/17/1997)

AFFIDAVIT in support of Myron D. Rumeld by Metro − North Comm. Re: [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment . (original docketed in 94 − 7374, #45) (sac) Modified on 09/18/1997 (Entered: 09/18/1997)

AFFIDAVIT in support of Andrew J. Paul by Metro − North Comm. Re: [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original docketed in 94 − 7374,#46) (sac) (Entered: 09/18/1997)

AFFIDAVIT in support of Bova, Bownas, and Clark by Metro − North Comm. Re: [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original docketed in 94 − 7374,#47) (sac) (Entered: 09/18/1997)

AFFIDAVIT in support of Maurice J. Kiniry by Metro − North Comm. Re: [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original docketed in 94 − 7374,#48) (sac) (Entered: 09/18/1997)

MEMORANDUM by Raymond Norris, Marvin Edwards, Eric Jones, Daniele Canada, Giesele Miguel in opposition to [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original in 94 − 7374, #49) (sac) (Entered: 09/18/1997)

Rule 56.1 statement filed by Raymond Norris, Marvin Edwards, Eric Jones, Daniele Canada, Giesele Miguel. (original in 94 − 7374, #50) (sac) (Entered: 09/18/1997)

AFFIDAVIT in opposition of Alan L. Fuchsberg, Esq.; Harriet Zellner, PH.D.; and William Bielby, PH.D. by Raymond Norris, Marvin Edwards, Eric Jones, Daniele Canada, Giesele Miguel Re: [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original in 94 − 7374, #51) (sac) (Entered: 09/18/1997)

NOTICE OF MOTION by Metro-North Comm. for an Order, purs. to Rule 56 of the FRCP, for summary judgment ; Return date 9/25/97. (Original filed in 94 civ 7374, doc. #42) (sac)

MEMORANDUM by Metro-North Comm. in support of [0-1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (Original docket in 94 civ 7374, #43) (sac)

Rule 56.1 statement filed by Metro-North Comm. (original docketed in 94-7374,#44) (sac) Modified on 09/18/1997

AFFIDAVIT in support of Myron D. Rumeld by Metro-North Comm. Re: [0-1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment . (original docketed in 94-7374, #45) (sac) Modified on 09/18/1997

AFFIDAVIT in support of Andrew J. Paul by Metro-North Comm. Re: [0-1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original docketed in 94-7374,#46) (sac)

AFFIDAVIT in support of Bova, Bownas, and Clark by Metro-North Comm. Re: [0-1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original docketed in 94-7374,#47) (sac)

AFFIDAVIT in support of Maurice J. Kiniry by Metro-North Comm. Re: [0-1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original docketed in 94-7374,#48) (sac)

MEMORANDUM by Raymond Norris, Marvin Edwards, Eric Jones, Daniele Canada, Giesele Miguel in opposition to [0-1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original in 94-7374, #49) (sac)

Rule 56.1 statement filed by Raymond Norris, Marvin Edwards, Eric Jones, Daniele Canada, Giesele Miguel. (original in 94-7374, #50) (sac)

AFFIDAVIT in opposition of Alan L. Fuchsberg, Esq.; Harriet Zellner, PH.D.; and William Bielby, PH.D. by Raymond Norris, Marvin Edwards, Eric Jones, Daniele Canada, Giesele Miguel Re: [0-1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original in 94-7374, #51) (sac)

CASE NO LONGER REFERRED TO Magistrate Judge Naomi R. Buchwald (sac) (Entered: 04/24/2000)

CASE NO LONGER REFERRED TO Magistrate Judge Naomi R. Buchwald (sac)

Court Exhibit 1 of Oral Argument on 10/6/97. (Original entry docketed in 94 civ. 7374 as doc. # 52) (kw) (Entered: 10/07/1997)

Court Exhibit 1 of Oral Argument on 10/6/97. (Original entry docketed in 94 civ. 7374 as doc. # 52) (kw)

REPLY MEMORANDUM by Metro − North Comm. re: in support of [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (Orig. docketed in 94 civ 7374, #53). Received in the night deposit box on 10/22/97 at 5:34 p.m. (sac) (Entered: 10/24/1997)

Reply affidavit of Myron D. Rumeld by Metro − North Comm. in support of [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (Orig. Docketed in 94 civ 7374, #54). Received in the night deposit box on 10/22/97 at 5:34 p.m. (sac) (Entered: 10/24/1997)

REPLY MEMORANDUM by Metro-North Comm. re: in support of [0-1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (Orig. docketed in 94 civ 7374, #53). Received in the night deposit box on 10/22/97 at 5:34 p.m. (sac)

Reply affidavit of Myron D. Rumeld by Metro-North Comm. in support of [0-1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (Orig. Docketed in 94 civ 7374, #54). Received in the night deposit box on 10/22/97 at 5:34 p.m. (sac)

REPLY MEMORANDUM by pltffs' re: in opposition to [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. Orig. filed in 94 civ 7374, doc. #56. (sac) (Entered: 11/06/1997)

REPLY MEMORANDUM by pltffs' re: in opposition to [0-1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. Orig. filed in 94 civ 7374, doc. #56. (sac)

ORDER; while the Court will enter the stipulation of dismissal as to all other parties and claims at this time, it must defer entering the dismissal as to Ms. Jones until and unless approval of the Bankruptcy Judge presiding over the Bankruptcy action w/ respect to any settlement of the claims brought by pltff Tammy Jones, is secured; so that the matter does not languish, the parties are ordered to jointly call Chmbrs. at 1:15 p.m. on 2/17/98 to apprise the Court whether the approval of the Bankruptcy Judge has been obtained; ( signed by Judge Jed S. Rakoff ); Copies mailed; note: orig. doc. fld. in case no. 94 civ 7374 (JSR) (ls) (Entered: 01/20/1998)

MEMORANDUM ORDER granting in part, denying in part [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment; defendant's summary judgment motion is granted as to all claims to which it is directed except for those specified in the first sentence of this order ( signed by Judge Jed S. Rakoff ); Copies mailed (Original entry is docketed in 94 civ. 7374 as doc. #60) (kw) (Entered: 01/21/1998)

ORDER; while the Court will enter the stipulation of dismissal as to all other parties and claims at this time, it must defer entering the dismissal as to Ms. Jones until and unless approval of the Bankruptcy Judge presiding over the Bankruptcy action w/ respect to any settlement of the claims brought by pltff Tammy Jones, is secured; so that the matter does not languish, the parties are ordered to jointly call Chmbrs. at 1:15 p.m. on 2/17/98 to apprise the Court whether the approval of the Bankruptcy Judge has been obtained; ( signed by Judge Jed S. Rakoff ); Copies mailed; note: orig. doc. fld. in case no. 94 civ 7374 (JSR) (ls)

STIPULATION and ORDER; the individual claims of pltffs Donald Hines, James Jackson, Joseph Kimbro, Sharon Mack, Raymond Norris and James Oliver are hereby dismissed with prejudice to the rights these pltffs otherwise would have: (i) to participate in the appeal of the Court's decision denying pltffs' motion for class certification; (ii) to seek to participate as names pltffs and/or class representatives, offer evidence about their personal circumstances in support of the class claims and/or receive any class-wide injunctive relief, in the event that a class is certified in these actions; and (iii) to apply for reasonable attorneys' fees and costs. In all other respects, the dismissal is w/ prejudice. ( signed by Judge Jed S. Rakoff ). (orig. dkt & filed in 94 civ 7374, #58) (sac)

MEMORANDUM ORDER granting in part, denying in part [0-1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment; defendant's summary judgment motion is granted as to all claims to which it is directed except for those specified in the first sentence of this order ( signed by Judge Jed S. Rakoff ); Copies mailed (Original entry is docketed in 94 civ. 7374 as doc. #60) (kw)

fld Excerpts from deposition transcripts, relied upon in opposition to deft's motion for summary judgment (original in 94cv7374) (cd) (Entered: 03/19/1998)

fld Excerpts from deposition transcripts, relied upon in opposition to deft's motion for summary judgment (original in 94cv7374) (cd)

Tele − conference held before Judge Rafoff. (Original entry is docketed in 94 civ. 7374) (kw) (Entered: 05/05/1998)

Tele-conference held before Judge Rafoff. (Original entry is docketed in 94 civ. 7374) (kw)

ORDER, the Court dismisses this action with prejudice as to Ms Jones on the terms and conditions set forth with respect to certain other plntfs in the Stip and Order dated 1/15/98; all claims in this action having therefore been resolved, the Clerk of the Court is directed to enter final judgment dismissing this action in its entirety ( signed by Judge Jed S. Rakoff ); Copies mailed; sent for jgmnt (original docketed in 94cv7374) (cd) (Entered: 05/13/1998)

ORDER, the Court dismisses this action with prejudice as to Ms Jones on the terms and conditions set forth with respect to certain other plntfs in the Stip and Order dated 1/15/98; all claims in this action having therefore been resolved, the Clerk of the Court is directed to enter final judgment dismissing this action in its entirety ( signed by Judge Jed S. Rakoff ); Copies mailed; sent for jgmnt (original docketed in 94cv7374) (cd)

STIPULATION and ORDER for SUBSTITUTION of COUNSEL, John R. Quinn, shall be and hereby is substituted as counsel for plaintiff Veronica Caridad in this action as of 4/1/98, in place of The Jacob D. Fuchsber Lawfirm ( signed by Judge Jed S. Rakoff ) (orig. doc. in case #94 civ. 7374, doc. #69)(ae) Modified on 05/14/1998 (Entered: 05/14/1998)

STIPULATION and ORDER for SUBSTITUTION of COUNSEL, John R. Quinn, shall be and hereby is substituted as counsel for plaintiff Veronica Caridad in this action as of 4/1/98, in place of The Jacob D. Fuchsber Lawfirm ( signed by Judge Jed S. Rakoff ) (orig. doc. in case #94 civ. 7374, doc. #69)(ae) Modified on 05/14/1998

JUDGMENT; that purs. to the Court's Order dtd. 5/11/98, this action is dismissed w/ prejudice as to Ms. Jones on the terms and conditions set forth in the Stipulation and Order dtd. 1/15/98; that this action is dismissed in its entirety; (signed: James M. Parkison, Clerk); mailed copies and notice of right to appeal; EOD 5/15/98; orig. doc. fld. in case no. 94 civ 7374 (JSR) (ls) (Entered: 05/15/1998)

Case closed (ls) (Entered: 05/15/1998)

JUDGMENT; that purs. to the Court's Order dtd. 5/11/98, this action is dismissed w/ prejudice as to Ms. Jones on the terms and conditions set forth in the Stipulation and Order dtd. 1/15/98; that this action is dismissed in its entirety; (signed: James M. Parkison, Clerk); mailed copies and notice of right to appeal; EOD 5/15/98; orig. doc. fld. in case no. 94 civ 7374 (JSR) (ls)

Case closed (ls)

NOTICE OF APPEAL by Raymond Norris, Marvin Edwards, Eric Jones, Daniele Canada ; from [0-1] judgment order, [0-1] order the Court dismisses this action with prejudice as to Ms Jones on the terms and conditions set forth with respect to certain other plntfs in the Stip and Order dated 1/15/98; all claims in this action having therefore been resolved, the Clerk of the Court is directed to enter final judgment dismissing this action in its entirety, [0-2] relief, [0-1] order plaintiffs' motion for class certification is denied, [0-2] relief . Copies of notice of appeal mailed to Attorney(s) of Record: Myron D. Rumeld . $105.00 Appeal filing fee paid on June 12, 1998 on receipt # E 318373. (dt) (Entered: 06/12/1998)

NOTICE OF APPEAL ; from [0-1] order defendant's summary judgment motion is granted as to all claims to which it is directed except for those specified in the first sentence of this order, [0-2] relief, [0-1] order the Court dismisses this action with prejudice as to Ms Jones on the terms and conditions set forth with respect to certain other plntfs in the Stip and Order dated 1/15/98; all claims in this action having therefore been resolved, the Clerk of the Court is directed to enter final judgment dismissing this action in its entirety, [0-2] relief, [0-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Myron D. Rumeld . $105.00 Appeal filing fee paid on June 12, 1998 on receipt # E 318373. (dt) (Entered: 06/12/1998)

STIPULATION AND ORDER of dismissal. The claims of plaintiffs Charles Robinson, Joan Woodberry, James K. Hunt, Elaine Ester, Cynthia Kings, Anthony Ellis, Prince Tillery, Hellen Perez, Doretha Richardson, Teresa Whyte, Dwayne Scott, and Gleroy Liburd are hereby dismissed. The dismissal shall be w/out prejudice to these plaintiffs' rights to receive any relief awarded to them as members of a class, in the event that (notwithstanding the Court's earlier ruling) a class is certified in these actions. In all other respects, the dismissal is with prejudice and w/out attorneys' fees, costs and disbursements ( signed by Judge Jed S. Rakoff ) (orig. doc. filed in case #94 civ. 7374, doc. #73) (ae)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [12-1] appeal (as) (Entered: 08/05/1998)

MANDATE OF USCA (certified copy) Re: affirmed/reversed [12-1] appeal, [11-1] appeal by Daniel Canada, Eric Jones, Marvin Edwards, Raymond Norris - ON CONSIDERATION WHEREOF, it is now hereby ORDERED, ADJUDGED and DECREED that the judgment of said district court be and it hereby is affirmed in part, and reversed in part in accordance with the opinion of this court - "reverse the District Court's judgment to the extent that it denied certification of the proposed class and affirm to the extent that it dismissed Caridad's sexual harassment claim." Judge Walker dissents in part with a separate opinion, disagreeing with the class certification ruling. FOR THE COURT: Karen Greve Milton, Acting Clerk by: Beth J. Meador Adm. Attorney MANDATE:10/13/99 (rag) (Entered: 10/28/1999)

Case reopened (rag) (Entered: 10/29/1999)

Case reopened (rag)

Case Management Plan; pltffs shall designate their experts, and submit expert reports (or confirm that they are relying upon expert reports or expert affdvts. previously served) by 2/28/00; deft shall designate its experts, and submit expert reports (or confirm that it is relying upon expert reports or expert affdvts. previously served) by 3/15/00; experts may be deposed, but such depos. must occur w/in the time limit for all depos. set forth below; requests to admit, if any, are to be served by 2/22/00; all depos. (incl. any expert despos., see item 1 above) are to be completed by 3/31/00; all discovery is to be completed by 3/31/00 and all discovery requests are to be served so as to allow adequate time (as precribed by the F.R.C.P.) for a response by the discovery deadline; interim deadlines for items 1 − 3 above may be extended by the parties on consent w/o application to the Court, provided the parties are certain they can still meet the discovery completion date of 3/31/00 orderd by the Court, which shall not be adjourned except upon a showing of extraordinary circumstances; ( signed by Judge Jed S. Rakoff ); copies mailed; orig. doc. fld. in case no. 94 Civ. 7374 (JSR) (doc. #83) (ls) (Entered: 12/13/1999)

Case Management Plan; pltffs shall designate their experts, and submit expert reports (or confirm that they are relying upon expert reports or expert affdvts. previously served) by 2/28/00; deft shall designate its experts, and submit expert reports (or confirm that it is relying upon expert reports or expert affdvts. previously served) by 3/15/00; experts may be deposed, but such depos. must occur w/in the time limit for all depos. set forth below; requests to admit, if any, are to be served by 2/22/00; all depos. (incl. any expert despos., see item 1 above) are to be completed by 3/31/00; all discovery is to be completed by 3/31/00 and all discovery requests are to be served so as to allow adequate time (as precribed by the F.R.C.P.) for a response by the discovery deadline; interim deadlines for items 1-3 above may be extended by the parties on consent w/o application to the Court, provided the parties are certain they can still meet the discovery completion date of 3/31/00 orderd by the Court, which shall not be adjourned except upon a showing of extraordinary circumstances; ( signed by Judge Jed S. Rakoff ); copies mailed; orig. doc. fld. in case no. 94 Civ. 7374 (JSR) (doc. #83) (ls)

SUPPLEMENTAL MEMORANDUM OF LAW by Metro − North Comm. in opposition to Plaintiffs' Motion for Class Certification. (original docmt dktd in case no. 94 cv. 7374, docmt. 84) (djc) (Entered: 12/21/1999)

SUPPLEMENTAL MEMORANDUM OF LAW by Metro-North Comm. in opposition to Plaintiffs' Motion for Class Certification. (original docmt dktd in case no. 94 cv. 7374, docmt. 84) (djc)

NOTICE OF MOTION by Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel, for an order granting plaintiffs' motion for class certification under a combination of rule 23(b)(2) and 23(b)(3) ; Bifurcating the trial under 42(b) with liability, injunctive and equitable relief to be decided in the first phase and compensatory damages in the second phase . Return date 1/19/00 at 3:00 p.m. (Original filed in 94 cv 7374 doc #85) (ri) Modified on 04/25/2000 (Entered: 12/22/1999)

MEMORANDUM OF LAW by Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel in support of [0 − 1] motion for an order granting plaintiffs' motion for class certification under a combination of rule 23(b)(2) and 23(b)(3), [0 − 2] motion Bifurcating the trial under 42(b) with liability, injunctive and equitable relief to be decided in the first phase and compensatory damages in the second phase. (Original filed in 94 Cv 7374 doc #86) (ri) (Entered: 12/22/1999)

NOTICE OF MOTION by Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel, for an order granting plaintiffs' motion for class certification under a combination of rule 23(b)(2) and 23(b)(3) ; Bifurcating the trial under 42(b) with liability, injunctive and equitable relief to be decided in the first phase and compensatory damages in the second phase . Return date 1/19/00 at 3:00 p.m. (Original filed in 94 cv 7374 doc #85) (ri) Modified on 04/25/2000

MEMORANDUM OF LAW by Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel in support of [0-1] motion for an order granting plaintiffs' motion for class certification under a combination of rule 23(b)(2) and 23(b)(3), [0-2] motion Bifurcating the trial under 42(b) with liability, injunctive and equitable relief to be decided in the first phase and compensatory damages in the second phase. (Original filed in 94 Cv 7374 doc #86) (ri)

MEMORANDUM OF LAW by Metro-North Comm. in opposition to [0-1] motion for an order granting plaintiffs' motion for class certification under a combination of rule 23(b)(2) and 23(b)(3), [0-2] motion Bifurcating the trial under 42(b) with liability, injunctive and equitable relief to be decided in the first phase and compensatory damages in the second phase. (Original document filed under 94 cv 7374 as Doc. #88) (sn)

MEMORANDUM ORDER; pltffs' motions for class certification and bifurcation are hereby denied ; in light of the settlement stipulation quoted in this memorandum order, the effect is also to dismiss the case w/ prejudice; Clerk to enter jdgmt. ; ( signed by Judge Jed S. Rakoff ); Copies mailed; forwareded orig. doc. to Jdgmt. Clerk; orig. doc. fld. in case no. 94 Civ. 7374 (JSR) doc. #89 (lf) (Entered: 09/29/2000)

MEMORANDUM ORDER; pltffs' motions for class certification and bifurcation are hereby denied ; in light of the settlement stipulation quoted in this memorandum order, the effect is also to dismiss the case w/ prejudice; Clerk to enter jdgmt. ; ( signed by Judge Jed S. Rakoff ); Copies mailed; forwareded orig. doc. to Jdgmt. Clerk; orig. doc. fld. in case no. 94 Civ. 7374 (JSR) doc. #89 (lf)

JUDGMENT; that pursuant to the Court's Memorandum Order dated 9/27/00, plaintiffs' motion is denied and the action is dismissed with prejudice. (signed by James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 10/03/00; original document docketed in 94cv7374 as document #90. (pl) Modified on 10/03/2000 (Entered: 10/03/2000)

Case closed. (pl) (Entered: 10/03/2000)

JUDGMENT; that pursuant to the Court's Memorandum Order dated 9/27/00, plaintiffs' motion is denied and the action is dismissed with prejudice. (signed by James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 10/03/00; original document docketed in 94cv7374 as document #90. (pl) Modified on 10/03/2000

Case closed. (pl)

NOTICE OF APPEAL by Raymond Norris, Marvin Edwards, Eric Jones, Daniel Canada ; from [0-1] judgment order, [0-1] order pltffs' motions for class certification . Copies of notice of appeal mailed to Attorney(s) of Record: John R. Quinn, Esq. and Myron Rumeld, Esq. $105.00 Appeal filing fee paid 11/1/00 on receipt # E 388665. (dt) (Entered: 11/02/2000)

Notice of appeal and certified copy of docket to USCA: [15 − 1] appeal by Daniel Canada, Eric Jones, Marvin Edwards, Raymond Norris ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 11/02/2000)

Notice of appeal and certified copy of docket to USCA: [15-1] appeal by Daniel Canada, Eric Jones, Marvin Edwards, Raymond Norris ; Copy of notice of appeal sent to District Judge. (dt)

USCA Case Number Re: [15 − 1] appeal by Daniel Canada, Eric Jones, Marvin Edwards, Raymond Norris USCA NUMBER: 00 − 9423. (dt) (Entered: 01/09/2001)

USCA Case Number Re: [15-1] appeal by Daniel Canada, Eric Jones, Marvin Edwards, Raymond Norris USCA NUMBER: 00-9423. (dt)