Case: Ellis v. Elgin Riverboat Resort

Ellis, et al v. Grand Victoria, et al

Ellis, et al v. Grand Victoria, et al

COMPLAINT - Civil cover sheet - Appearance(s) of Cecile L. Singer, Kenneth N. Flaxman as attorney(s) for plaintiff original and 1 copy summons(es) issued.) ( Documents: 1-1 through 1-3) (rmm) (Entered: 11/06/1998)

RECEIPT regarding payment of filing fee paid; on 11/5/98 in the amount of $ 150.00, receipt # 523189. (rmm)

RETURN OF SERVICE of summons executed upon defendant Grand Victoria on 11/13/98 (eav) (Entered: 11/23/1998)

ATTORNEY APPEARANCE for defendants by David C. Gustman, Donna B More, Mark W. Schroeder (eav) (Entered: 12/08/1998)

MOTION by defendants for extension of time to answer or otherwise plead to complaint ; Notice of motion (eav) (Entered: 12/16/1998)

MINUTE ORDER of 12/15/98 by Hon. George M. Marovich : Defendants' motion for an extension of time to 1/6/99 to answer or otherwise plead is granted. [4-1] No further extensions will be allowed. Status hearing is set for 1/12/99 at 9:30 a.m. The parties are to file a joint status report by 1/8/99. Mailed notice (eav) (Entered: 12/16/1998)

ANSWER by defendants to complaint and affirmative defenses (eav) (Entered: 01/07/1999)

SCHEDULE set on 1/7/99 by Hon. George M. Marovich : Status hearing set to 9:30 am on 1/27/99. The parties are to file a joint written status report by 1/25/99. . Mailed notice (jms)

JOINT STATUS REPORT; Notice of filing (eav) (Entered: 01/11/1999)

SCHEDULE set on 1/12/99 by Hon. George M. Marovich : Status hearing held and continued to 9:30 am on 5/5/99 . No notice, advised in open court (jms)

SCHEDULE set on 5/5/99 by Hon. George M. Marovich : Status hearing held and continued to 9:30 am on 7/7/99. Plaintiff's oral motion for leave to file an amended complaint instanter is granted. Plaintiff is directed to file their motion for class certification and supporting memoranda by 7/7/99 . No notice, advised in open court (jms)

MOTION by plaintiffs for class certification (Attachments); (rmm) (Entered: 07/08/1999)

MEMORANDUM by plaintiffs in support motion for class certification [8-1] (rmm) (Entered: 07/08/1999)

AMENDED COMPLAINT [1-1] by plaintiff terminating defendant PG Inv, defendant Grand Victoria; adding Derrick Denson, Elgin Riverboat, RBG Ltd (rmm) (Entered: 07/08/1999)

MINUTE ORDER of 7/7/99 by Hon. George M. Marovich : Status hearing held. Plaintiff's oral motion for leave to file an amended complaint instanter is granted. Plaintiff's motion for class certification [8-1] is taken under advisement. Response to motion for class certification [8-1] to be filed by 9/7/99. Reply is due 9/28/99. Court will rule by mail. Mailed notice (rmm) (Entered: 07/08/1999)

MOTION by defendants NV Landing Prt, Elgin Riverboat for extension of time to answer or otherwise plead to amended complaint (Attachment); Notice of motion (eav) (Entered: 08/06/1999)

MINUTE ORDER of 8/5/99 by Hon. George M. Marovich : Defendants' motion for an extension of time to 8/6/99 to answer or otherwise plead is granted. [12-1] Telephoned notice (eav) (Entered: 08/06/1999)

ANSWER and affirmative defenses to amended complaint by defendant complaint [10-1] (lal) (Entered: 08/09/1999)

AGREED MOTION by defendants NV Landing Prt, Elgin Riverboat, RBG Ltd for extension of time to file a brief in opposition to plaintiffs' motion for class certification ; Notice of motion (eav) (Entered: 09/13/1999)

MINUTE ORDER of 9/9/99 by Hon. George M. Marovich : Defendants' agreed motion for extension of time to file a brief in opposition to plaintiffs' motion for class certification is granted. [15-1] Response to motion for class certification due by 9/28/99 [8-1]; reply due by 10/26/99. Mailed notice (eav) (Entered: 09/13/1999)

MOTION by defendant Elgin Riverboat for leave to file, instanter, a brief in excess of 15 pages ; Notice of motion; Memorandum in opposition with Affidavit of Sharon McGill (Attachments) (eav) (Entered: 10/06/1999)

MINUTE ORDER of 10/5/99 by Hon. George M. Marovich : Defendants motion for leave to file, instanter, a brief in excess of 15 pages in opposition to plaintiffs' motion for class certification is granted. [17-1] Telephoned notice (eav) (Entered: 10/06/1999)

AGREED MOTION by plaintiffs for extension of time to file a reply memorandum to defendants' brief in opposition to plaintiffs' motion for class certification ; Notice of motion (eav) (Entered: 11/08/1999)

MINUTE ORDER of 11/4/99 by Hon. George M. Marovich : Plaintiff's agreed motion for extension of time is granted. [19-1] Reply to defendant's brief in opposition to plaintiff's motion for class certification due by 11/11/99. [8-1] No notice (eav) (Entered: 11/08/1999)

REPLY MEMORANDUM by plaintiff in support of motion for class certification [8-1] (Attachments) (eav) (Entered: 11/16/1999)

MOTION by defendant Elgin Riverboat for leave to file, instanter, sur-response in opposition to motion for class certification ; Notice of motion (eav) (Entered: 12/03/1999)

MINUTE ORDER of 12/1/99 by Hon. George M. Marovich : Grand Victoria's motion for leave to file instanter, sur-response in opposition to motion for class certification is granted. [22-1] Sur-reply to be filed by 12/8/99. No notice (eav) (Entered: 12/03/1999)

SUR-RESPONSE by defendant Elgin Riverboat in opposition to plaintiffs' motion for class certification [8-1] (eav) (Entered: 12/03/1999)

SURREPLY memorandum by plaintiffs in support of their motion for class certification [8-1] (las) (Entered: 12/10/1999)

EXECUTIVE COMMITTEE ORDER of 02/01/00: Case reassigned to Hon. Joan B. Gottschall. (nlf)

SCHEDULE set on 3/11/00 by Hon. Joan B. Gottschall : Status hearing set to 9:30 4/25/00 . Mailed notice (rj)

MINUTE ORDER of 3/27/00 by Hon. Joan B. Gottschall : Status hearing set for 04/18/00 at 9:30 a.m. The plaintiffs' motion for class certification is granted [8-1] with modification for reasons stated in the attached order, and the court certifies the following class: All African-Americans who were qualified for employment as "dealers" who applied for positions as "dealers" at the Grand Victoria casino, but who were no hired from 12/25/97 to the present. Status is set for 04/18/00, at 9:30 a.m. (Entered Order) Mailed notice (hp) (Entered: 03/29/2000)

SCHEDULE set on 4/18/00 by Hon. Joan B. Gottschall : Status hearing held and continued to 9:30 5/25/00 . In court notice (rj)

MOTION by defendants for leave to file appearance of Jane M. McFetridge, Mairen C. Kelly, Kevin V. Dunphy as counsel ; Notice of filing (fce) (Entered: 05/01/2000)

ATTORNEY APPEARANCE for defendants Grand Victoria, NV Landing Prt, PG Inv by Jane M. McFetridge, Mairen C. Kelly, Kevin Vincent Dunphy (fce) (Entered: 05/01/2000)

MINUTE ORDER of 5/5/00 by Hon. Joan B. Gottschall : Motion by Jane M. McFetridge, Mairen C. Kelly, Kevin V. Dunphy for leave to appear appearance as counsel for Defendants Elgin Riverboard Resort d/b/a Grand Victoria Casino, Nevada Landing Partnership and PG Investors is granted. [27-1] No notice (tlm) (Entered: 05/08/2000)

SCHEDULE set on 5/25/00 by Hon. Joan B. Gottschall : Status hearing held and continued to 9:30 7/27/00 . Mailed notice (rj)

MOTION by defendants to withdraw Freeborn & Peters as counsel for defendants ; Notice (hp) (Entered: 07/13/2000)

MINUTE ORDER of 7/12/00 by Hon. Joan B. Gottschall : Motion by David C. Gustman and Mark W. Schroeder of Freeborn & Peters and Donna B. More of the More Law Group to withdraw their appearances as attorneys on behalf of defendants Elgin Riverboat Resort, d/b/a Grand Victoria Casino, Nevada Landing Partnership and RBG, L.P. is granted. [30-1] Mailed notice (hp) (Entered: 07/13/2000)

ATTORNEY APPEARANCE for defendants Elgin Riverboat Resort d/b/a Grand victoria Casino, Nevada Landing Partnership and PG Investors by Matt David Strubbe (hp) (Entered: 07/24/2000)

SCHEDULE set on 7/29/00 by Hon. Joan B. Gottschall : Status hearing held and continued to 9:30 9/28/00 . No notice (ac)

SCHEDULE set on 9/28/00 by Hon. Joan B. Gottschall : Status hearing held and continued to 9:30 10/26/00 . In court notice (rj)

AGREED MOTION by plaintiffs to approve form of class notice (Attachment); Notice (hp) (Entered: 10/31/2000)

MINUTE ORDER of 10/27/00 by Hon. Joan B. Gottschall : Status hearing set for 01/18/01 at 9:30 a.m. Plaintiff's agreed motion to approve form of class notice is granted. [33-1] No notice (hp) (Entered: 10/31/2000)

SCHEDULE set on 1/18/01 by Hon. Joan B. Gottschall : Status hearing held and continued to 9:30 4/19/01 . Mailed notice (rj)

MEMORANDUM by plaintiffs in opposition to defendant's motion to dismiss claims of deceased class member Yvonne Mason. (fce) (Entered: 05/17/2001)

SCHEDULE set on 4/19/01 by Hon. Joan B. Gottschall : Status hearing held and continued to 9:30 9/20/01. Discovery (non-expert) ordered closed on 9/17/01 . In court notice (rj)

MOTION by plaintiffs' to authorize class notice to class members who applied on and after 6/20/00 ; Notice. (vmj) (Entered: 05/22/2001)

MOTION by defendants' to compel answers to defendants' first set of interrogatories and first request for production of documents to plaintiff class members (Attachments); Notice. (vmj) (Entered: 05/22/2001)

MOTION by defendants' to dismiss Plaintiff, Yvonne Mason pursuant to Rule 25(a)(1) FRCP (death of a party) and memorandum of law ; Notice. (vmj) (Entered: 05/22/2001)

MEMORANDUM by plaintiffs in opposition to motion to compel unnamed class members to answer interrogatories and to produce documents (Attachments). (fce) (Entered: 05/15/2001)

RESPONSE and opposition by defendants to plaintiff's motion to authorize class notice to class members who applied on or after 6/20/00 (Attachments); Notice. (fce) (Entered: 05/18/2001)

MINUTE ORDER of 5/18/01 by Hon. Joan B. Gottschall: Answer brief to plaintiffs' motion to authorize class notice to class members who applied on and after 6/20/00 [38-1] due 6/4/01. Reply to answer brief due 6/18/01. Defendants' motion to compel answers to defendants' first set of interrogatories and first request for production of documents to plaintiff class members is denied [39-1] without prejudice. Defendants' to file reply to its motion to dismiss Plaintiff, Yvonne Mason pursuant to Rule 25(a)(1) FRCP (death of a party) and memorandum of law [40-1] by 6/4/01. Parties are required to meet and confer as suggested in open court. Hearing is set for 6/1/01 at 10:00 a.m. Mailed notice (vmj) (Entered: 05/22/2001)

ATTORNEY APPEARANCE for defendants by Joel W. Rice (jmp) (Entered: 06/07/2001)

SCHEDULE set on 6/1/01 by Hon. Joan B. Gottschall : Status hearing reset to 9:30 7/26/01. Hearing held. Pending close date of discovery is lifted. Discovery cut-off will be set at scheduled status hearing. In court notice (rj)

REPLY MEMORANDUM by plaintiffs in support of motion to authorize class notice to class members who applied on and after 6/20/00 [38-1] (eav) (Entered: 06/05/2001)

REPLY by defendants in support of its motion to dismiss plaintiff Yvonne Mason [40-1]. (maf) (Entered: 06/06/2001)

MEMORANDUM by defendants in support of theor response and opposition to plaintiffs' motion to authorize class notice to class members who applied on and after 6/20/00 [38-1]. (maf) (Entered: 06/06/2001)

MOTION by defendants NV Landing Prt, Elgin Riverboat, RBG Ltd for leave to file, instanter, sur-reply memorandum in opposition to plaintiffs' motion to authorize class notice to class members who applied on or after 06/20/00 ; Notice. (mw) (Entered: 07/17/2001)

MINUTE ORDER of 6/28/01 by Hon. Joan B. Gottschall : Enter order on reverse side. The definition of the certified class is hereby amended to include: "All African-Americans who were qualified for employment as 'dealers' who applied for positions as 'dealers' at the Grand Victoria casino, but who were not hired from 12/25/1997 to a date two weeks prior to the scheduled pretrial conference in this action." Plaintiffs' motion to authorize class notice to class members who applied on or after 6/20/2000 [38-1] is granted for the reasons given on the reverse side of this minute order. Mailed notice (eav) (Entered: 06/29/2001)

MOTION by plaintiffs to compel defendant to respond to request to admit (Attachments); Notice. (mw) (Entered: 07/17/2001)

RESPONSE by defendants to plaintiff's motion to compel . [39-1] (tlm) (Entered: 07/11/2001)

MOTION by defendants NV Landing Prt, Elgin Riverboat, RBG Ltd to compel plaintiffs' responses to long outstanding class-related discovery request (Attachments); Notice. (mw) (Entered: 07/17/2001)

SCHEDULE set on 7/11/01 by Hon. Joan B. Gottschall : Motion by Defendant for leave to file surreply memorandum in opposition and motion by Plaintiff to compel Defendant to respond to request to admit are continued to 9:30 7/13/01. Defendant's counsel was not available at the time the case was called. In court notice (rj)

MINUTE ORDER of 7/13/01 by Hon. Joan B. Gottschall : Motion by defendants' for leave to file instanter, sur-reply memorandum in opposition to plaintiffs' motion to authorize class notice to class members who applied on or after 06/20/00 is granted [48-1]. Motion by defendants' to compel plaintiffs' responses to long outstanding class-related discovery request [50-1] is granted to the extent that if it can't be produced plaintiff must come in on a motion as soon as possible. Plaintiff to respond to long outstanding class-related discovery request by 07/18/01. Plaintiff's motion to compel defendant to respond to request to admit [49-1] is denied without prejudice. Discovery supervision is referred to Magistrate Judge. Status hearing set for 07/26/01 at 9:30 a.m. is stricken. Mailed notice (mw) (Entered: 07/17/2001)

SUR-REPLY by defendants NV Landing Prt, Elgin Riverboat, RBG Ltd in opposition to plaintiffs' motion to authorize class notice to class members who applied on or after 06/20/01. (mw) (Entered: 07/17/2001)

REFERRAL ORDER of 7/16/01 The case is referred to the Hon. Martin C. Ashman from the Hon. Joan B. Gottschall for discovery supervision. (For further detail see order.) Mailed notice (mw) (Entered: 07/17/2001)

SCHEDULE set on 7/20/01 by Hon. Martin C. Ashman : Status hearing set to 10:00 8/3/01 in courtroom 1386. Mailed notice (is)

MINUTE ORDER of 8/1/01 by Hon. Joan B. Gottschall: After reconsidering the order entered on 6/28/01 in light of the defendants' recently filed sur-reply, the court concludes that the order should stand for the reason set forth on the reverse side of this minute order. Mailed notice. (fce) (Entered: 08/02/2001)

SCHEDULE set on 8/3/01 by Hon. Martin C. Ashman : Status hearing held. Settlement conference set for 2:00 9/12/01 in chambers 1366. All clients and parties with full authority to settle are to be physically present. Failure to have parties with full authority to settle present may result in the imposition of severe sanctions. (For further details see standing order distributed in open court). Mailed notice (is)

SCHEDULE set on 9/18/01 by Hon. Martin C. Ashman : Settlement conference reset to 2:00 11/6/01 . Mailed notice (is)

SCHEDULE set on 9/27/01 by Hon. Martin C. Ashman : Settlement conference of 11/6/01 is reset to 2:00 11/5/01. Mailed notice (is)

CONSENT by plaintiffs to exercise of jurisdiction by a United States Magistrate Judge. (lc) (Entered: 11/13/2001)

CONSENT by defendants to exercise of jurisdiction by a United States Magistrate Judge. (lc) (Entered: 11/13/2001)

SCHEDULE set on 11/5/01 by Hon. Martin C. Ashman : Settlement conference held. Case settled. Status hearing set to 10:00 11/20/01. Mailed notice (is)

MINUTE ORDER of 11/6/01 by Hon. Martin C. Ashman : 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. Martin C. Ashman regarding [40-1]. No notice (lc) (Entered: 11/07/2001)

REASSIGNMENT ORDER of 11/8/01: This case is reassigned to the Honorable Martin C. Ashman from the Honorable Joan B. Gottschall pursuant to Local Rule 73.1(b). Mailed notice (lc) (Entered: 11/13/2001)

SCHEDULE set on 11/20/01 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 12/7/01 . Mailed notice (is)

MINUTE ORDER of 11/27/01 by Hon. Martin C. Ashman : Defendants' motion to dismiss party [40-1] is terminated as moot. No notice (lc) (Entered: 11/28/2001)

AGREED MOTION by plaintiffs to approve form of class notice to class members who applied on and after 06/20/00 (Attachment); Notice. (lc) Modified on 12/07/2001 (Entered: 12/07/2001)

MINUTE ORDER of 12/6/01 by Hon. Martin C. Ashman : Plaintiffs' agreed motion to approve form of class notice to class members who applied on and after 06/20/00 is granted [60-1]. Mailed notice (lc) (Entered: 12/07/2001)

SCHEDULE set on 12/7/01 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 1/25/02 . Mailed notice (is)

SCHEDULE set on 1/25/02 by Hon. Martin C. Ashman : Status hearing held and continued to 10:15 2/20/02 . Mailed notice (is)

SCHEDULE set on 2/20/02 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 3/12/02 . Mailed notice (is)

SCHEDULE set on 3/12/02 by Hon. Martin C. Ashman : Status hearing held and continued to 2:00 3/15/02 . No notice (is)

MOTION by defendants concerning class action settlement agreement (Attachments). (lc) Modified on 03/18/2002 (Entered: 03/18/2002)

MOTION by plaintiffs to enforce settlement agreement . (lc) (Entered: 03/18/2002)

MINUTE ORDER of 3/15/02 by Hon. Martin C. Ashman : Plaintiff's motion to enforce settlement agreement is denied [63-1] for the reasons stated in open court. Defendants' motion concerning class action settlement agreement is denied [62-1]. Status hearing held. No notice (lc) (Entered: 03/18/2002)

MOTION by plaintiffs to appoint special representative for named plaintiff Yvonne Mason ; Notice. (lc) (Entered: 04/01/2002)

MEMORANDUM by defendants in opposition to plaintiffs' motion to appoint special representative for named plaintiff Yvonne Mason [65-1] (Attachment). (lc) (Entered: 04/01/2002)

MINUTE ORDER of 3/29/02 by Hon. Martin C. Ashman : Plaintiffs' motion to appoint special representative for named plaintiff Yvonne Mason [65-1] is continued to 4/22/02 at 10:00a.m. Status hearing set for 4/22/02 at 10:00a.m. Mailed notice (lc) (Entered: 04/01/2002)

SCHEDULE set on 4/10/02 by Hon. Martin C. Ashman : Settlement conference reset to 3:30 5/15/02. Mailed notice (is)

MINUTE ORDER of 4/22/02 by Hon. Martin C. Ashman : Plaintiff's motion to appoint special representative for named plaintiff Yvonne Mason [65-1] is continued to 5/15/02 at 3:30p.m. Status hearing held. Mailed notice (lc) (Entered: 04/23/2002)

SCHEDULE set on 4/30/02 by Hon. Martin C. Ashman : Settlement conference of 5/15/02 is reset to 11:00 5/29/02. Mailed notice (is)

MINUTE ORDER of 5/1/02 by Hon. Martin C. Ashman : Plaintiffs' motion to appoint special representative for named plaintiff Yvonne Mason [65-1] set reset and continued to 5/29/02 at 11:00a.m. Mailed notice (lc) (Entered: 05/02/2002)

ADDENDUM by plaintiffs to motion to appoint special representative for named plaintiff Yvonne Mason. (lc) (Entered: 05/30/2002)

MINUTE ORDER of 5/29/02 by Hon. Martin C. Ashman : Settlement conference held. Case not settled. Plaintiffs' motion to appoint special representative for named plaintiff Yvonne Mason is granted [65-1] for the reasons stated in open court. Status hearing set for 6/14/02 at 10:00a.m. Mailed notice (lc) (Entered: 05/30/2002)

SCHEDULE set on 6/14/02 by Hon. Martin C. Ashman : Status hearing held and continued to 10:00 9/13/02. Fact discovery ordered closed on 11/29/02. Plaintiff's expert disclosures by 12/16/02. Defendant's expert disclosures by 12/30/02. Expert depositions by 1/31/03. Dispositive motions are due 2/28/03. Mailed notice (is)

AGREED MOTION by plaintiff to approve form of class notice to class members who applied on and after 6/20/00 (Attachments) ; Notice of agreed motion (eav) (Entered: 07/30/2002)

MINUTE ORDER of 7/29/02 by Hon. Martin C. Ashman : Plaintiff's agreed motion to approve form of class notice to class members who applied on and after 6/20/00 is granted. [72-1] Mailed notice (eav) (Entered: 07/30/2002)