Case: Yapp v. Union Pacific RR. Co.

Yapp v. Union Pacific

Yapp v. Union Pacific Railroad Company

Yapp v. Union Pacific Railroad Co.

Yapp v. Union Pacific Railroad Co.

Yapp v. Union Pacific Railroad Co.

COMPLAINT; # Waivers of Service Issued: 1 # Counts: 2 Disclosure of Corp Cert issued to: none were distributed exhibits attached: none (LJK) (Entered: 04/30/2002)

RECEIPT # s2002-006272 in the amount of $ 150 for filing fee (LJK) (Entered: 04/30/2002)

TRACK INFORMATION STATEMENT filed by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela . Campbell, plaintiff Cynthia Byas track 3 preferred (LJK) (Entered: 04/30/2002)

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas for attorney Robert F. Childs Jr. to appear pro hac vice (LJK) (Entered: 04/30/2002)

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas for attorney Deborah A. Mattison to appear pro hac vice (LJK) (Entered: 04/30/2002)

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas for attorney Rocco Calamusa Jr. to appear pro hac vice (LJK) (Entered: 04/30/2002)

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas for attorney Robert L. Wiggins Jr. to appear pro hac vice (LJK) (Entered: 04/30/2002)

RECEIPT # s2002-006274 in the amount of $ 75.00 for phv fee Calamusa, Mattison & Childs (LJK) (Entered: 04/30/2002)

RECEIPT # s2002-006273 in the amount of $ 25.00 for phv fee atty Wiggins (LJK) (Entered: 04/30/2002)

LETTER from clerk to pltf's atty re: Disclosure of Corporation Interest Certficate enclosed (SET) (Entered: 04/30/2002)

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for attorney Robert L. Wiggins Jr. to appear pro hac vice [7-1] LEAVE GRANTED (cc: all counsel) (ARL) (Entered: 05/02/2002)

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for attorney Rocco Calamusa Jr. to appear pro hac vice [6-1] LEAVE GRANTED (cc: all counsel) (ARL) (Entered: 05/02/2002)

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for attorney Deborah A. Mattison to appear pro hac vice [5-1] LEAVE GRANTED (cc: all counsel) (ARL) (Entered: 05/02/2002)

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for attorney Robert F. Childs Jr. to appear pro hac vice [4-1] (cc: all counsel) (ARL) (Entered: 05/02/2002)

ANSWER by defendant Union Pacific RR Co to [1-1] (KXS) (Entered: 05/20/2002)

DEMAND for jury trial by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas (KXS) (Entered: 05/30/2002)

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas for leave to file amended complaint (KXS) (Entered: 05/30/2002)

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for leave to file amended complaint [17-1] (cc: all counsel) (LAH) (Entered: 06/04/2002)

FIRST AMENDED COMPLAINT by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas # Counts: 2 [1-1]; jury demand (LAH) (Entered: 06/04/2002)

ANSWER TO FIRST AMENDED COMPLAINT by defendant Union Pacific RR Co to [19-1] (ARL) (Entered: 06/18/2002)

WAIVER OF SERVICE executed upon defendant Union Pacific RR Co (service waived by and through counsel for Union Pacific) (KXS) (Entered: 07/02/2002)

MOTION by defendant Union Pacific RR Co for attorney Douglas Herbert to appear pro hac vice (KXS) (Entered: 07/02/2002)

RECEIPT # S2002-007974 in the amount of $ 25.00 for admission pro hac vice (KXS) (Entered: 07/02/2002)

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for attorney Douglas Herbert to appear pro hac vice [22-1] (cc: all counsel) (LAH) (Entered: 07/02/2002)

RULE 16 ORDER by Honorable Stephen N. Limbaugh ; complex(3) track, ; Rule 16 Conference 8/27/02 ; joint scheduling plan ddl 8/20/02 (cc: all counsel) (LAH) (Entered: 07/24/2002)

JOINT PROPOSED SCHEDULING PLAN by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas, defendant Union Pacific RR Co (DJO) (Entered: 09/04/2002)

SUPPLEMENTAL BRIEF filed by defendant Union Pacific RR Co re scheduling plan [26-1] (DJO) (Entered: 09/04/2002)

PROPOSED scheduling plan submitted by defendant Union Pacific RR Co (DJO) (Entered: 09/04/2002)

MEMORANDUM by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas in support of ptlffs' position regarding mertis discovery of the nameed pltffs/class representatives' claims during Phase 1 (DJO) (Entered: 09/12/2002)

CASE MANAGEMENT ORDER by Honorable Stephen N. Limbaugh ; complex(3) track, ; motion to add party ddl 12/15/02 ; Disc completion ddl 5/6/03; Pltffs shall file a motion to certify a class no later than June 27, 2003. The deft's response shall be filed by July 28, 2003 and the pltffs' reply shall be filed by August 28, 2003. Phase II Discovery - In the event that the Court certifies a class, the parties will submit a Joint Proposed Scheduling Plan for Phase II Discovery to the Court within 30 days after the Court's order certifying a class. This Schedluing Plan will establish a schedule for discovery of information relevant to the mertis of the class issues that have been certified by the Court. The parties will advise the Court about referral of this action to mediation within 45 days after the Court rules on the Phase I issues. Notice of dispositive motions may be filed at may be filed at any time as to the issues in Phase I except a motion package must be filed no later than Aug. 28, 2003. The Court will set a conference with counsel for the parties within 30 days of its ruling on class certification, or such later date as the Court may determine, for the pupose of establishing a schedule for the resolution of all issues that remain. A Joint Proposed Scheduling Plan will be submitted to the Court five days prior to the conference. (cc: all counsel) (LAH) (Entered: 09/20/2002)

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas, Union Pacific RR Co for protective order with proposed Protective Order attached (DJO) (Entered: 12/26/2002)

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for protective order [31-1] (cc: all counsel) (CMA) (Entered: 12/27/2002)

PROTECTIVE ORDER by Honorable Stephen N. Limbaugh: re [31-1] (Documents Marked Confidential Shall Be Filed Under Seal) (See Order For Details) (cc: all counsel) (CMA) (Entered: 12/27/2002)

MOTION by plaintiffs to extend time to allow pltffs until May 15, 2003, within which to file their pltffs' expert reports. Pltffs' would also move that, with the exception of the discovery deadline, that this Court extend the remaining deadlines an additional 90 days so as to preserve the scheduling format previously ordered by this Court. Pltffs request that this Court extend discovery regarding Phase I until Nov. 15, 2003 (LAH) (Entered: 01/21/2003)

RESPONSE by defendant Union Pacific RR Co to motion to extend time to allow pltffs until May 15, 2003, within which to file their pltffs' expert reports. Pltffs' would also move that, with the exception of the discovery deadline, that this Court extend the remaining deadlines an additional 90 days so as to preserve the scheduling format previously ordered by this Court. Pltffs request that this Court extend discovery regarding Phase I until Nov. 15, 2003 [34-1] with Exhibits A - G attached. (filed in expansion folder) (MCB) (Entered: 01/29/2003)

MEMORANDUM of filing corrected certificate of service by defendant Union Pacific RR Co re: motion response [35-1] (BAK) (Entered: 02/04/2003)

REPLY by plaintiffs to response to motion to extend time to allow pltffs until May 15, 2003, within which to file their pltffs' expert reports. Pltffs' would also move that, with the exception of the discovery deadline, that this Court extend the remaining deadlines an additional 90 days so as to preserve the scheduling format previously ordered by this Court. Pltffs request that this Court extend discovery regarding Phase I until Nov. 15, 2003 [34-1] (LAH) (Entered: 02/05/2003)

CASE MANAGEMENT ORDER by Honorable Stephen N. Limbaugh ; granting motion to extend time to allow pltffs until May 15, 2003, within which to file their pltffs' expert Pltffs' would also move that, with the exception of the discovery deadline, that this Court extend the remaining deadlines an additional 90 days so as to preserve the scheduling format previously ordered by this Court. Pltffs request that this Court extend discovery regarding Phase I until Nov. 15, 2003 [34-1] ; Disc completion ddl in Phase I except for expert witnesses 7/16/03 Motion Package ddl set for 10/28/03 ; non-disp motion ddl 07/16/03 ; disp motion ddl 10/28/03 ; Resp to court regarding class certification ddl 10/24/03 (cc: all counsel) (DJO) (Entered: 02/06/2003)

MOTION by plaintiff Cynthia Byas, plaintiff Angela Campbell, plaintiff Erma Jean Wright, plaintiff Mollie Jones, plaintiff Rodney C. Grady, plaintiff Karen Yapp to extend initial deadline for class certification up to and including 8/29/03 (DJO) (Entered: 08/28/2003)

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion to extend initial deadline for class certification up to and including 8/29/03 [39-1] (cc: all counsel) (DJO) (Entered: 08/28/2003)

MOTION by plaintiff Cynthia Byas, plaintiff Angela Campbell, plaintiff Erma Jean Wright, plaintiff Mollie Jones, plaintiff Rodney C. Grady, plaintiff Karen Yapp to certify class action w/ memo in support; exhibits A-N (filed in expandable folder) (ARL) (Entered: 08/29/2003)

MOTION by plaintiff for attorney Herman Nathaniel Johnson, Jr. to appear pro hac vice (DJO) (Entered: 09/02/2003)

RECEIPT # S2003-010635 in the amount of $ 25.00 for admission pro hac vice for atty Herman Nathaniel Johnson, Jr. (DJO) (Entered: 09/02/2003)

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for attorney Herman Nathaniel Johnson, Jr. to appear pro hac vice [42-1] (cc: all counsel) (CMA) (Entered: 09/03/2003)

MOTION by plaintiff Cynthia Byas, plaintiff Angela Campbell, plaintiff Erma Jean Wright, plaintiff Mollie Jones, plaintiff Rodney C. Grady, plaintiff Karen Yapp to strike defendant's experts Michael P. Ward and Nathan D. Woods with memorandum of law in support (FILED IN EXPANSION FOLDER) (DJO) (Entered: 09/17/2003)

Unopposed MOTION by defendant Union Pacific RR Co to extend Time to File Response in Opposition to Pltfs' Motion for Class Certification Up to and Including 10/6/03, and to extend Time to File Response in Opposition to Pltfs' Motion to Strike Deft's Experts Michael P. Ward and Nathan D. Woods Up to and Including 10/6/03 (CMA) (Entered: 09/25/2003)

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion to extend Time to File Response in Opposition to Pltfs' Motion for Class Certification Up to and Including 10/6/03 [46-1], granting motion to extend Time to File Response in Opposition to Pltfs' Motion to Strike Deft's Experts Michael P. Ward and Nathan D. Woods Up to and Including 10/6/03 [46-2] (cc: all counsel) (LAH) (Entered: 09/26/2003)

MOTION by defendant Union Pacific RR Co to extend time to file response to Motion for Class Certification and Motion to Strike, for leave to file in excess of page limitation (ARL) (Entered: 10/07/2003)

RESPONSE by defendant Union Pacific RR Co in opposition to motion to strike defendant's experts Michael P. Ward and Nathan D. Woods [45-1] (ARL) (Entered: 10/09/2003)

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion to extend time to file response to Motion for Class Certification and Motion to Strike [48-1], granting motion for leave to file in excess of page limitation [48-2] LEAVE TO FILE GRANTED (cc: all counsel) (ARL) (Entered: 10/09/2003)

MEMORANDUM by defendant Union Pacific RR Co in opposition to motion to certify class action [41-1 w/ Exhibits: Vol. I (1-25), Vol. II (26-34) (Filed in expandable folder) (ARL) (Entered: 10/09/2003)

MOTION to Strike A Portion of an Affidavit by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 10/23/2003)

REPLY to Response to Motion re 41 Motion to Certify Class filed by Plaintiffs Cynthia Byas, Angela Campbell, Rodney C. Grady, Mollie Jones, Erma Jean Wright, Karen Yapp. (Attachments: # 1)(Sedey, Mary Anne) (Entered: 11/06/2003)

MOTION for Extension of Time to File Response/Reply as to 51 Response/Memorandum in Opposition to Motion by Plaintiffs Cynthia Byas, Angela Campbell, Rodney C. Grady, Mollie Jones, Erma Jean Wright, Karen Yapp. (Sedey, Mary Anne) (Entered: 11/12/2003)

MOTION for Leave to File Surreply by Defendant Union Pacific Railroad Company. (Attachments: # 1 # 2 # 3)(Donnelly, Dennis) (Entered: 11/14/2003)

REPLY to Response to Motion re 45 Motion to Strike Defendant's Experts filed by Plaintiffs Cynthia Byas, Angela Campbell, Rodney C. Grady, Mollie Jones, Erma Jean Wright, Karen Yapp. (Attachments: # 1 # 2)(Sedey, Mary Anne) (Entered: 11/17/2003)

Letter from SNL Re:Motion to Strike/ Possible hearing setting/ Please advise (ARL, ) (Entered: 12/08/2003)

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that plaintiff's Motion to Strike Defendant's Experts 45 be and is GRANTED; The report and testimony of Defendant's experts Dr. Michael P. Ward and Mr. Nathan D. Woods are not admissible under Fed.R.Evid. 702; Signed by Judge Stephen N. Limbaugh on 02/04/2004. (DJO) (Entered: 02/04/2004)

MOTION for Hearing (Evidentiary) by Defendant Union Pacific Railroad Company. (Burke, Michael) (Entered: 02/06/2004)

Letter from Stephen N. Limbaugh to counsel Re: status of case (DJO) (Entered: 02/06/2004)

MOTION for Reconsideration Or, In The Alternative, For Leave To File A Revised Expert Report by Defendant Union Pacific Railroad Company. (Burke, Michael) (Entered: 02/19/2004)

MEMORANDUM in Support of Motion re 61 MOTION for Reconsideration Or, In The Alternative, For Leave To File A Revised Expert Report filed by Defendant Union Pacific Railroad Company. (Attachments: # 1 Appendix)(Burke, Michael) (Entered: 02/19/2004)

ORDER - IT IS HEREBY ORDERED that a hearing on plaintiff's request for class-certification is set for July 12, 2004 at 1:30 p.m. in Courtroom 3. A pretrial order will be issued no later than May 1, 2004. IT IS FURTHER ORDERED that plaintiff may have until March 17, 2004 to respond to defendant's motion for reconsideration of this Court's February 4, 2004 order. Defendant may reply within the time limits prescribed by rule. Signed by Judge Stephen N. Limbaugh on 3/10/04. (LAH, ) (Entered: 03/10/2004)

MEMORANDUM in Opposition re 61 MOTION for Reconsideration Or, In The Alternative, For Leave To File A Revised Expert Report filed by Plaintiffs Cynthia Byas, Angela Campbell, Rodney C. Grady, Mollie Jones, Erma Jean Wright, Karen Yapp. (Attachments: # 1 # 2)(Waller, Alicia) (Entered: 03/17/2004)

ORDER - IT IS HEREBY ORDERED that Defendnat's Motion for Reconsideration or, in the Alternative, for Leave to File a Revised Expert Report be and hereby is DENIED. 61 Motion for Reconsideration filed by Union Pacific Railroad Company. Signed by Judge Stephen N. Limbaugh on 3/26/04. (ARL) (Entered: 03/26/2004)

ORDER: For good cause shown, the Deft Union Pacific Railroad Company is hereby granted leave to file, for further consideration by the Court, its Reply Memorandum in Support of Deft's Motion for Reconsideration or, in the Alternative, For Leave to File a Revised Expert Report; Signed by Judge Stephen N. Limbaugh on 3/31/04(CMA) (Entered: 04/01/2004)

MEMORANDUM Reply Memorandum in Support of Defendant's Motion for Reconsideration Or, In the Alternative, For Leave to File A Revised Expert Report by Defendant Union Pacific Railroad Company. (Burke, Michael) (Entered: 04/01/2004)

ORDER; IT IS HEREBY ORDERED that this Court's Order 65 filed herein on March 26, 2004, denying Defendant's Motion for Reconsideration be and hereby is VACATED; IT IS FINALLY ORDERED that Defendant's Motion for Reconsideration or, in the Alternative, for Leave to File a Revised Expert Report 61 be and hereby is DENIED; Signed by Judge Stephen N. Limbaugh on 04/02/2004. (DJO) (Entered: 04/05/2004)

ORDER: IT IS HEREBY ORDERED that the hearing date of 7/12/04 is WITHDRAWN and hearing on Pltfs' request for class certification is RESET for 11/15/04 at 9:00 a.m.; IT IS FURTHER ORDERED that on or before 10/1/04 the parties will deliver to opposing counsel, and the Clerk, a list of all proposed witnesses and a list of all exhibits to be offered in evidence; Pltfs shall use arabic numerals, and Defts shall use letters; At the same time, the parties shall deliver to opposing counsel, and the Clerk, a list of all interrogatory answers and depositions or parts thereof specified by page and line numbers and answers to requests for admissions, proposed to be offered in evidence; No party will be permitted to call any witness or offer exhibits, depositions, interrogatory answers and admissions if they have not complied w/ this order; In addition, at the said date, the parties shall submit to the Court and opposing counsel specific findings of fact and conclusions of law, together w/ a trial brief in support of the parties' legal theories; Any motions in limine to exclude evidence shall be filed no later than 11/10/04; In Court Hearing set for 11/15/2004 09:00 AM in Courtroom 3 before Honorable Stephen N. Limbaugh; Motion in Limine due by 11/10/2004; Pretrial Compliance due by 10/1/2004; Signed by Judge Stephen N. Limbaugh on 5/14/04(CMA) (Entered: 05/14/2004)

ORDER RECEIPT: (see receipt) Fri May 14 13:12:55 CDT 2004 (CMA, )

Joint MOTION for Extension of Time to File Pre-Hearing Submittals ;Proposed extension date November 1, 2004 by Defendant Union Pacific Railroad Company. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Donnelly, Dennis) (Entered: 09/17/2004)

ORDER re 70 Joint MOTION for Extension of Time to File Pre-Hearing Submittals;Proposed extension date November 1, 2004 filed by Union Pacific Railroad Company. IT IS HEREBY ORDERED, that the parties Joint Motion to Extend Deadlines for Prehearing Submittals and Post Hearing Briefing is GRANTED. Post Trial Brief due by 1/21/2005.Signed by Judge Stephen N. Limbaugh on 9/22/04. (ARL) (Entered: 09/22/2004)

ORDER 71 IT IS HEREBY ORDERED that the order entered by the Court this date entitled Joint Motion to Extend the Deadlines for Prehearing Submittals and Post Hearing Briefing is WITHDRAWN. IT IS FURTHER ORDERED that, following a prescheduled conference on 9/23/04 at 5:00 p.m., another order will be entered concerning the referenced motion by the parties. Signed by Judge Stephen N. Limbaugh on 9/22/04. (ARL) (Entered: 09/23/2004)

MEMORANDUM re 71 Order, to the Court by Defendant Union Pacific Railroad Company. (Attachments: # 1 Exhibit A)(Donnelly, Dennis) (Entered: 09/23/2004)

ORDER - IT IS HEREBY ORDERED that the parties' joint motion to extend the deadlines for pre-hearing submissions and post-hearing briefing is GRANTED. IT IS FURTHER ORDERED that the deadline for the parties to make their initial pre-hearing submissions in connection with the hearing on plaintiffs' motion for class certification, including the parties' respective lists of all proposed witnesses and all exhibits to be offered into evidence and their lists of all interrogatory answers and depositions, or parts thereof, specified by page and line numbers, and answers to requests for admissions proposed to be offered into evidence, as more fully set out in this Court's order of May 14, 2004 and such other memoranda or points of law as the parties desire and the Court may allow, is hereby extended to November 1, 2004. IT IS FURTHER ORDERED that the parties shall have until January 21, 2005 to file any findings of fact and conclusions of law and a post-trial brief in support of parties' legal theories.. Signed by Judge Stephen N. Limbaugh on 9/24/04. (LAH, ) (Entered: 09/24/2004)

ORDER; IT IS THEREFORE ORDERED as follows: Plaintiffs' motion to strike a portion of the affidavit of John Hickey, as requested in 52 is GRANTED; Plaintiffs' Motion for Extension of Time to file reply in support of motion to strike defendants' experts 54 is MOOT; Defendants' Motion for Leave to file surreply brief 55 is MOOT; Defendants' Motion for Evidentiary Hearing 59 is GRANTED and the hearing is set for November 15, 2004; Signed by Judge Stephen N. Limbaugh on 09/30/2004; (DJO) (Entered: 10/01/2004)

Exhibit List for Class Certification Hearing by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp.. (Johnson, Herman) (Entered: 11/01/2004)

Deposition List by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Johnson, Herman) (Entered: 11/01/2004)

Witness List by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Johnson, Herman) (Entered: 11/01/2004)

TRIAL BRIEF by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 11/01/2004)

Exhibit List by Defendant Union Pacific Railroad Company.. (Donnelly, Dennis) (Entered: 11/01/2004)

Witness List by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 11/01/2004)

Deposition List by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 11/01/2004)

MOTION for Leave to File A Trial Brief In Connection With The Court's Hearing On Class Certification by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 11/01/2004)

Docket Text ORDER re 83 MOTION for Leave to File A Trial Brief In Connection With The Court's Hearing On Class Certification filed by Union Pacific Railroad Company; ORDERED GRANTED - ANY PARTY MAY FILE A TRIAL BRIEF AS TO CLASS CERTIFICATION SET FOR HEARING 11/15/04 Signed by Judge Stephen N. Limbaugh on 11/2/04. (LAH, )

Exhibit List for Class Cert. Hrg., Revised by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp.. (Johnson, Herman) (Entered: 11/05/2004)

Witness List by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Johnson, Herman) (Entered: 11/05/2004)

Deposition List by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Johnson, Herman) (Entered: 11/05/2004)

Exhibit List Revised by Defendant Union Pacific Railroad Company.. (Donnelly, Dennis) (Entered: 11/08/2004)

Witness List by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 11/08/2004)

MOTION in Limine to Exclude Merits Testimony at Class Certification Hearing by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Attachments: # 1 Exhibit 1: List of Defendant's Merits Exhibits)(Johnson, Herman) (Entered: 11/10/2004)

MOTION in Limine to Exclude Nathan Woods as a Witness for Defendant by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Attachments: # 1 Exhibit 7/12/2004 Donnelly Letter to Childs# 2 Exhibit 10/20/2004 Herbert Letter to Childs & Johnson# 3 Exhibit Nathan Woods Dep., 11/5/2004)(Johnson, Herman) (Entered: 11/10/2004)

Deposition List by Defendant Union Pacific Railroad Company. (Burke, Michael) (Entered: 11/14/2004)

Exhibit List Response to Plaintiffs' Revised List of Exhibits for Class Certification Hearing by Defendant Union Pacific Railroad Company.. (Burke, Michael) (Entered: 11/14/2004)

OBJECTION to Pretrial Objections and Counter-Designations to Plaintiffs' Deposition Designations by Defendant Union Pacific Railroad Company. (Burke, Michael) (Entered: 11/14/2004)

LIST OF OBJECTIONS to DEFENDANT'S EXHBITS by Plaintiffs Cynthia Byas, Angela Campbell, Rodney C. Grady, Mollie Jones, Erma Jean Wright, Karen Yapp. (LSD, ) (Entered: 11/15/2004)

MINUTES FROM DAY ONE OF THE HEARING ON [DOC.#41] PLAINTIFFS MOTION FOR CLASS CERTIFICATION. Opening statements of plaintiffs and defendant were made.Plaintiffs evidence commenced and was concluded. Witnesses testified and exhibits were received into evidence. At the close of Plaintiffs evidence, the Defendant made an oral motion for dismissal of the plaintiffs motion for class certification, it was converted by the Court to an oral motion for judgment as a matter of law and was taken with the case by the Court. Defendants evidence will commence tomorrow. FROM THE BENCH, IT IS HEREBY ORDERED that all motions in limine are taken under advisement at this time. Defendants objections to Plaintiffs deposition designations are taken with the case. FROM THE BENCH, IT IS HEREBY FURTHER ORDERED that THESE PROCEEDINGS ARE TO RESUME TUESDAY 11/16/2004 AT 9:00 A.M. Witness and Exhibit lists will be filed and attached to the final days minutes. (Court Reporter: LYNN SHRUM.) (FTR Gold yes or no: NO.) (proceedings started: 9:30 a.m.) (proceedings ended: 4:45 p.m.) (BDC, ) (Entered: 11/15/2004)

DEFT'S MEMORANDUM in Opposition TO DOC.# 89 PLTF'S MOTION in Limine to preclude consideration of evidence pertinent under Rule 23 filed by Defendant Union Pacific Railroad Company. (BDC, ) (Entered: 11/15/2004)

DEFT'S MEMORANDUM in Opposition TO DOC.# 90 - PLTF'S MOTION in Limine to Exclude Nathan Woods as a Witness for Defendant filed by Defendant Union Pacific Railroad Company. (BDC, ) (Entered: 11/15/2004)

PLTF'S SECOND REVISED LIST OF EXHIBITS for class certification hearing filed by Plaintiffs Karen Yapp, et al.(BDC, ) (Entered: 11/15/2004)