Case: Orlowski v. Dominick's Finer Foods, Inc.

Orlowski v. Dominick's Finer Foods Inc.

Orlowski v. Dominick's Finer Foods Inc.

Orlowski v. Dominick's Finer Foods Inc.

Orlowski v. Dominick's Finer Foods Inc.

Orlowski v. Dominick's Finer Foods Inc.

Orlowski v. Dominick's Finer Foods Inc.

Orlowski v. Dominick's Finer Foods Inc.

Orlowski v. Dominick's Finer Foods Inc.

Orlowski v. Dominick's Finer Foods Inc.

Orlowski v. Dominick's Finer Foods Inc.

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Jeffrey Mark Friedman, Brian R Holman as attorney(s) for plaintiffs with Rule 39 affidavits ( Original and one copy of summons(es) issued.) ( Documents: 1-1 through 1-5) (ar) (Entered: 03/17/1995)

CONTINGENCY FEE AGREEMENT (Not in public case file) (ar) (Entered: 03/17/1995)

RECEIPT regarding payment of filing fee paid; on 3/16/95 in the amount of $ 120.00, receipt # 451718. (ar)

RETURN OF SERVICE of summons executed upon defendant Dominick's Finer on 3/16/95 (ar) (Entered: 03/17/1995)

ATTORNEY APPEARANCE for defendant Dominick's Finer by Mark Andrew Lies II, Cacilia Reich Masover (ar) (Entered: 03/20/1995)

RULE 39 Affidavit of Mark Andrew Lies II (ar) (Entered: 03/20/1995)

RULE 39 Affidavit of Cacilia Reich Masover (ar) (Entered: 03/20/1995)

MOTION by plaintiffs for a protective order to compel defendant to preserve certain documents and records, pendite lite ; Notice of emergency motion (ar) (Entered: 03/20/1995)

MINUTE ORDER of 3/17/95 by Hon. Elaine E. Bucklo : Denying plaintiffs' motion for a protective order to compel defendant to preserve certain documents and records, pendite lite [7-1]. This case is referred to Magistrate Judge Keys for all pretrial management to be returned for trial, if the parties fail to consent to trial and entry of judgment by a United States Magistrate Judge pursuant to 28 USC Section 636(c). Mailed notice (ar) (Entered: 03/20/1995)

REFERRAL ORDER of 03/20/95: Case referred to Hon. Arlander Keys from from the Hon. Elaine E. Bucklo pursuant to Local General Rule 2.41(b) to conduct hearings and enter appropriate orders on the following pretrial motion/matter: Perform such additional duties as are not inconsistent with the Constitution and laws of the United States, specifically: This case is referred to Magistrate Judge Keys for all pretrial management to be returned for trial if the parties fail to consent to trial and entry of judgment by Magistrate Judge Keys pursuant to 28 USC Section 636(c). (For further detail see order). Mailed notice (ar) (Entered: 03/22/1995)

ANSWER by defendant Dominick's Finer and affirmative defenses to complaint; Notice of filing (ar) (Entered: 04/06/1995)

SCHEDULE set on 4/7/95 by Hon. Arlander Keys : Initial status hearing before Magistrate Judge Keys set for 05/01/95 at 9:00 a.m. in Courtroom 1700. Mailed notice (vkd)

MOTION by plaintiffs to amend complaint (Exhibit) (Attachments); Notice of motion (ar) (Entered: 05/02/1995)

MINUTE ORDER of 5/1/95 by Hon. Arlander Keys : Status hearing held; continued to 08/07/95 at 9:00 am . Plaintiff's motion to amend complaint [11-1] is granted. Plaintiffs given to 05/08/95 5o file an amended complaint. Answer to complaint due 05/30/95. Plaintiffs' brief in support of their motion to certify class due 05/22/95. Defendant to respond by 07/10/95. Plaintiffs to reply by 07/31/95. Defendant's oral motion for discovery schedule [0-1] is granted. The deposition ofMelba J. Koch is set for 05/04/95. Plaintiffs' counsel to make Helen Orlowski available for her depositon no later than 05/12/95. Mailed notice (ar) (Entered: 05/02/1995)

FIRST AMENDED COMPLAINT [1-1] by plaintiff; adding Margaret Mrozowski, Carol Ann Schmall, Alma L Aguirre, Roann D Keaty; Notice of filing (fce) Modified on 05/03/1995 (Entered: 05/03/1995)

ATTORNEY APPEARANCE for plaintiffs Margaret Mrozowski, Carol Ann Schmall, Alma L Aguirre and Roann D Keaty by Jeffrey Mark Friedman and Brian R Holman (fce) (Entered: 05/03/1995)

RULE 39 Affidavit of Jeffrey Mark Friedman (fce) (Entered: 05/03/1995)

RULE 39 Affidavit of Brian R Holman (fce) (Entered: 05/03/1995)

CONTINGENCY FEE AGREEMENT (Not in public case file) (fce) (Entered: 05/03/1995)

CONTINGENCY FEE AGREEMENT (Not in public case file) (fce) (Entered: 05/03/1995)

CONTINGENCY FEE AGREEMENT (Not in public case file) (fce) (Entered: 05/03/1995)

CONTINGENCY FEE AGREEMENT (Not in public case file) (fce) (Entered: 05/03/1995)

ORAL MOTION by defendant Dominick's Finer for discovery schedule (ar)

MOTION by plaintiffs to strike briefing schedule and to set discovery schedule ; Notice of motion (ar) (Entered: 05/22/1995)

MINUTE ORDER of 5/19/95 by Hon. Arlander Keys : Status hearing reset to 10/03/95 at 9:00 am . Plaintiffs' motion to strike briefing schedule [21-1] and to set discovery schedule [21-2] is granted. Jeffrey Cummings of the law firm of Davis, Miner, Barnhill & Galland is granted leave to file his appearane as additional counsel for plaintiffs. Plaintiffs' counsel to make Helen Orlowski available for deposition at 9:30 am on 05/24/95. All other named plaintiffs are to be made available for their depositions by 06/30/95. Plaintiffs to complete discovery on class action certification issue by 07/31/95 . Plaintiffs to file their brief in support of class certification by 08/14/95. Defendants to respond by 09/11/95. Plaintiffs' reply due by 09/26/95. Mailed notice (ar) Modified on 05/31/1995 (Entered: 05/22/1995)

ATTORNEY APPEARANCE for plaintiffs Helene Orlowski, Melba J Koch, Margaret Mrozowski, Carol Ann Schmall, Alma L Aguirre by Jeffrey Irvine Cummings (ar) (Entered: 05/31/1995)

ANSWER by defendant Dominick's Finer to plaintiffs' first amended complaint; Notice of filing (ar) (Entered: 05/31/1995)

RULE 39 letter mailed to Jeffrey Irvine Cummings (ar)

MAILED Rule 3.15 letter o John T. Murray and Stephanie L. Perl. Forwarded copy of Rule 3.15 letter together with appearance and Rule 39 affidavits to judge Bucklo's chambers. (ar)

MINUTE ORDER of 6/5/95 by Hon. Elaine E. Bucklo : John T. Murray and Stephanie L. Pearl are given leave to file their appearances as additional counsel for the defendant. Mailed notice (ar) (Entered: 06/06/1995)

ATTORNEY APPEARANCE for defendant Dominick's Finer by John T. Murray, Stephanie L. Perl (Attachment) (ar) (Entered: 06/06/1995)

RULE 39 Affidavit of John T. Murray (Attachment) (ar) (Entered: 06/06/1995)

RULE 39 Affidavit of Stephanie L. Perl (Attachment) (ar) (Entered: 06/06/1995)

TRANSCRIPTS of proceedings for the following date(s): 05/01/95 and 05/19/95 before Honorable Arlander Keys (2 vols. #29-1 and #29-2) (ar) Modified on 06/07/1995 (Entered: 06/07/1995)

MOTION by defendant Dominick's Finer for leave to substitute and add counsel ; Notice of motion (ar) (Entered: 06/07/1995)

MINUTE ORDER of 6/7/95 by Hon. Arlander Keys : Defendant's motion for leave of court to substitute [30-1] and add counsel [30-2] is granted. John T. Murray is given leave to substitute his appearance for Cacilia R. Masover. Terminating Cacilia R. Masover. Stephanie L. Perl is given leave to file her appearance as additional counsel for defendant. Mailed notice (ar) (Entered: 06/07/1995)

MOTION by plaintiffs to extend time to complete the depositions of name plaintiffs Margaret Mrozowski and Alma Aguiree (Exhibits); Notice of motion (ar) (Entered: 06/15/1995)

MINUTE ORDER of 6/14/95 by Hon. Arlander Keys : The unopposed motion of plaintiffs to extend time to complete the depositions of name plaintiffs Margaret Mrozowski and Alma Aguiree [32-1] by 07/31/95 is granted. All other discovery deadlines remain in effect. Mailed notice (ar) (Entered: 06/15/1995)

RULE 39 Affidavit of Jeffrey Irvine Cummings. (Temporarily unavailable for docketing). (ar) Modified on 06/28/1995 (Entered: 06/28/1995)

CONTINGENCY FEE AGREEMENT (Not in public case file). (Temporarily unavailable for docketing). (ar) (Entered: 06/28/1995)

MOTION by plaintiffs to compel defendant to provide complete responses to their outstanding interrogatories and document requests (Exhibits). (maf) (Entered: 08/04/1995)

NOTICE by plaintiffs regarding motion to compel defendant to provide complete responses to their outstanding interrogatories and document requests [36-1]. (maf) (Entered: 08/04/1995)

AGREED MOTION by plaintiffs, defendant, to extend the discovery deadline and to adjust the briefing schedule on plaintiff's motion for class certification . (maf) (Entered: 08/04/1995)

NOTICE by plaintiffs regarding motion to extend the discovery deadline [38-1], regarding motion to adjust the briefing schedule on plaintiff's motion for class certification [38-2]. (maf) (Entered: 08/04/1995)

MINUTE ORDER of 7/31/95 by Hon. Arlander Keys : Defendant's answer brief to motion to compel defendant to provide complete responses to their outstanding interrogatories and document requests [36-1] is due 08/09/95. Reply to answer brief is due 08/14/95. Granting agreed motion to extend the discovery deadline [38-1] and to adjust the briefing schedule on plaintiff's motion for certification [38-2]. The briefing schedule will be outlined on 08/22/95. Ruling on motion to compel defendant to provide complete responses to their interrogatories and document requests [36-1] is set for 08/22/95 at 9:00 a.m. No notice (maf) (Entered: 08/04/1995)

RESPONSE by defendant Dominick's Finer to plaintiffs' motion to compel defendant to provide complete responses to their interrogatories and document requests [36-1]; Notice of filing (ar) (Entered: 08/10/1995)

AFFIDAVIT of Robert E. McCoy regarding defendant's response [41-1] to plaintiffs motion to compel (ar) (Entered: 08/10/1995)

AFFIDAVIT of Edwina A. Erlemann regarding defendant's response [41-1] to plaintiffs' motion to compel (ar) (Entered: 08/10/1995)

AFFIDAVIT of Karen M. Franceschi regarding defendant's response [41-1] to plaintiffs' motion to compel (ar) (Entered: 08/10/1995)

AFFIDAVIT of James V. Lamonia regarding defendant's response [41-1] to plaintiffs' motion to compel (ar) (Entered: 08/10/1995)

AFFIDAVIT of Pansy L. Heger regarding defendant's response [41-1] to plaintiffs' motion to compel (ar) (Entered: 08/10/1995)

AFFIDAVIT of Pansy L. Heger regarding defendant's response [41-1] to plaintiff's motion to compel (Attachment) (ar) (Entered: 08/10/1995)

RESPONSE by defendant Dominick's Finer to plaintiffs' emergency motion to strike defendant's 31 page response to plaintiffs' motion to compel; Notice of filing (ar) (Entered: 08/11/1995)

EMERGENCY MOTION by plaintiffs to strike defendant's 31 page response to plaintiffs' motion to compel ; Notice of emergency motion (ar) Modified on 08/14/1995 (Entered: 08/14/1995)

MINUTE ORDER of 8/11/95 by Hon. Arlander Keys : Plaintiffs' emergency motion to strike [49-1] defendant's 31 page response to plaintiffs' motion to compel discovery is granted in part. Pages 1 through 12 are stricken. Only pages 13 through 32 and the attached affidavits will be considered by the Court. Defendant is given leave to file its response instanter to the extent that the defendant may file the 18 pages indicated above. Plaintiffs will file their reply by 08/18/95 [36-1]. Ruling date of 08/22/95 on plaintiffs' motion to compel to stand. Mailed notice (ar) (Entered: 08/14/1995)

REPLY by plaintiffs in support of their motion to compel defendant to provide complete responses to their outstanding interrogatories and document requests [36-1] (Attachments); Notice of filing (ar) (Entered: 08/23/1995)

MEMORANDUM OPINION AND ORDER (Attachment) (ar) (Entered: 08/28/1995)

MINUTE ORDER of 8/22/95 by Hon. Arlander Keys : Status hearing reset for 09/27/95 at 9:00 am . Enter memorandum opinion and order. Plaintiffs' motion to compel defendant to provide complete responses to their outstanding interrogatories and document requests [36-1] is granted in part and denied in part. Mailed notice (ar) (Entered: 08/28/1995)

MOTION by defendant Dominick's Finer for reconsideration and clarification of the court's 08/22/95 memorandum opinion and order ; Notice of filing and motion (ar) (Entered: 09/11/1995)

MEMORANDUM of law by defendant Dominick's Finer in support of its motion for reconsideration [54-1] and clarification of the court's 08/22/95 memorandum opinion and order [54-2] (ar) (Entered: 09/11/1995)

RESPONSE by plaintiffs to defendant's motion for reconsideration [54-1] and clarification of the court's 08/22/95 memorandum opinion and order [54-2] (Exhibits); Notice of filing (ar) (Entered: 09/11/1995)

ORDER regarding defendant Dominick's Finer Foods' motion for reconsideration [54-1] and clarification of the court's 08/22/95 memorandum opinion and order [54-2] (ar) (Entered: 09/11/1995)

MINUTE ORDER of 9/8/95 by Hon. Martin C. Ashman : Enter order nunc pro tunc 09/07/95. Defendant's motion for reconsideration [54-1] is denied. Defendant's motion for clarification of this court's 08/22/95 memorandum opinion and order [54-2] is granted in part. No notice (ar) (Entered: 09/11/1995)

JOINT STIPULATION for extension of time to file objections (eav) (Entered: 09/19/1995)

ORDER regarding motion to extend time to file objections [59-1] (eav) (Entered: 09/22/1995)

MINUTE ORDER of 9/18/95 by Hon. Elaine E. Bucklo : Pursuant to stipulation, defendant has until 0/19/95 to file objectiion with the District Court Judge. [59-1] Mailed notice (eav) (Entered: 09/22/1995)

SCHEDULE set on 9/26/95 by Hon. Arlander Keys : Status hearing reset to 10/11/95 at 9:30 a.m. Mailed notice (vkd)

TRANSCRIPT of proceedings for the following date(s): 07/31/95, 08/11/95 Before Honorable Arlander Keys (2 Vols.: 62-1, 62-2) (eav) (Entered: 10/02/1995)

MINUTE ORDER of 10/03/95 by Hon. Arlander Keys : Parties advised the Court of progress made in complying with this Court's order dated 08/22/95. Defendant granted until 10/13/95 to file objections to said order. Mailed notice (eav) Modified on 04/09/1996 (Entered: 10/04/1995)

AGREED PROTECTIVE ORDER (eav) (Entered: 10/05/1995)

MINUTE ORDER of 10/4/95 by Hon. Elaine E. Bucklo : Enter agreed protective order. Mailed notice (eav) (Entered: 10/05/1995)

OBJECTIONS by defendant Dominick's Finer to the Magistrate's memorandum opinion and order; Notice of filing (eav) (Entered: 10/16/1995)

MINUTE ORDER of 10/18/95 by Hon. Arlander Keys : Status hearing held and continued to 11/08/95 at 9:00 a.m. Plaintiffs to file motion for protective order by 10/25/95. Defendant to respond by 11/01/95. Ruling on motion for protective order and deadline for deposition of remaining plaintiffs to be given at the next status hearing date. Defendant is to supply the information requested by the plaintiffs regarding the deli department employees, to the extend that they can adhere, by 11/01/95. No notice (eav) (Entered: 10/20/1995)

RESPONSE by plaintiffs to defendant's objections to Magistrate Judge Keys' memorandum opinion and order (Exhibits); Notice of filing (eav) (Entered: 10/24/1995)

MOTION by plaintiffs for a protective order to limit the length of the remaining two named plaintiffs' deposition (Attachments) (eav) (Entered: 10/30/1995)

UNOPPOSED MOTION by plaintiffs to reset the briefing schedule on their motion for a protective order to limit the length of the remaining named plaintiffs' depositions ; Notice of filing (eav) (Entered: 10/30/1995)

MINUTE ORDER of 10/30/95 by Hon. Elaine E. Bucklo : Defendant's objections to Magistrate Judge Keys' order with respect to plaintiffs' motion to compel are overruled. The discovery ordered is well within the magistrate judge's discretion. See 28 USC 636(b)(1)(A). It is neither clearly erroneous nor contrary to law. Mailed notice (fce) (Entered: 10/31/1995)

MINUTE ORDER of 11/1/95 by Hon. Arlander Keys : Plaintiffs' unopposed motion to reset the briefing schedule on their motion for a protective order to limit the length of the remaining named plaintiffs' depositions is granted. [70-1] Plaintiffs' motion for a protective order is to be filed by 10/27/95. Defendant's response is due 11/03/95. Telephoned notice (eav) (Entered: 11/02/1995)

MOTION by defendant Dominick's Finer for leave to file its reply to plaintiffs' response to defendant's objections to the Magistrate's memorandum opinion and order ; Notice of motion (eav) (Entered: 11/02/1995)

MINUTE ORDER of 11/1/95 by Hon. Elaine E. Bucklo : Defendant's motion for leave to file its reply is denied as moot. [73-1] Telephoned notice (eav) (Entered: 11/02/1995)

TRANSCRIPT of proceedings for the following date(s): 09/09/95 Before Honorable Arlander Keys (eav) (Entered: 11/03/1995)

RESPONSE by defendant Dominick's Finer to plaintiffs' motion for a protective order to limit the length of the remaining two named plaintiffs' deposition [69-1]; Notice of filing (eav) (Entered: 11/06/1995)

MINUTE ORDER of 11/8/95 by Hon. Arlander Keys : Status hearing held and continued to 12/19/95 at 9:00 a.m. Plaintiffs' motion for a protective order to limit the length of the remaining two named plaintiffs' depositions [69-1] is granted. Defendant's oral motion for a cut-off date for plaintiffs' depositions is granted. [0-1] Plaintiffs Alma Aguirre and Margaret Mrozowski's depositions are to be taken no later than 12/15/95 and said depositions are subject to the Court's comments made in open court. No notice (eav) (Entered: 11/14/1995)

ORAL MOTION by defendant Dominick's Finer for a cut-off date for plaintiffs' depositions (eav)

SCHEDULE set on 12/18/95 by Hon. Arlander Keys : Status hearing reset to January 17, 1995 at 9:00 a.m. Mailed notice (jdh)

MINUTE ORDER of 1/17/96 by Hon. Arlander Keys : Status hearing held and continued to 03/19/96 at 9:00 a.m. Parties advised the Court of their progress in discovery. No notice (eav) (Entered: 01/18/1996)

SCHEDULE set on 3/19/96 by Hon. Arlander Keys : Status hearing held and continued to 04/23/96 at 9:00 a.m. Plaintiffs are to make Margaret Mrozowski available for deposition no later than April 15, 1996. Mailed notice (vkd)

MINUTE ORDER of 4/23/96 by Hon. Arlander Keys : Plaintiff to serve notice of 30(b)(6) deposition by 4/26/96 with deposition to be taken by 5/14/96. Plaintiffs to file motion and brief on class certification issue by 6/7/96 . Defendant to file response by 7/8/96. Plaintiffs to file reply by 7/22/96. Status hearing held. Mailed notice (fce) (Entered: 04/24/1996)

MOTION by plaintiff for leave to file additional appearance of Paul Strauss (Attachment); Notice of motion. (maf) (Entered: 05/15/1996)

MINUTE ORDER of 5/15/96 by Hon. Arlander Keys: Plaintiffs' Motion for Leave to File Additional Appearance of Paul Strauss [80-1] is granted. Mailed notice (maf) (Entered: 05/15/1996)

ATTORNEY APPEARANCE for plaintiffs by Paul L. Strauss with Rule 39 affidavit. (maf) (Entered: 05/15/1996)

AGREED MOTION by plaintiffs to revise class certification briefing schedule (Exhibits); Notice of motion. (maf) (Entered: 05/28/1996)

MINUTE ORDER of 5/28/96 by Hon. Arlander Keys: Plaintiffs' Agreed Motion to Revise Class Certification Briefing Schedule [83-1] is granted. Plaintiffs' motion and brief in support are due on 06/21/96. Defendant's response is due by 07/24/96 and Plaintiffs' reply is due by 07/31/96. Mailed notice (maf) (Entered: 05/28/1996)

MEMORANDUM by plaintiffs in opposition to defendant's motion for a protective order (Exhibits); Notice of filing. (maf) (Entered: 06/17/1996)

MEMORANDUM by plaintiffs in support of motion to file second amended complaint (Exhibits); Notice of filing. (maf) (Entered: 06/17/1996)

MOTION by defendant for protective order ; Notice of motion. (maf) (Entered: 06/18/1996)

DECLARATION of Terri M. Nelson by defendant regarding motion for protective order [87-1] (Attachment). (maf) (Entered: 06/18/1996)

DECLARATION of Judith A. Rowe by defendant regarding motion for protective order [87-1] (Attachment). (maf) (Entered: 06/18/1996)

DECLARATION of Lisa Milla by defendant regarding motion for protective order [87-1] (Attachment). (maf) (Entered: 06/18/1996)

DECLARATION of Eva Calenda by defendant regarding motion for protective order [87-1] (Attachment). (maf) (Entered: 06/18/1996)