Jefferson v. Ingersoll Intern. Inc.

Jefferson v. Ingersoll Intern. Inc.

1999 WL 669229

Jefferson v. Ingersoll Intern. Inc.

2000 WL 28256

Jefferson v. Ingersoll Intern. Inc.

2002 WL 31598990

MINUTE ORDER of 11/19/02 by Hon. Philip G. Reinhard: Cases 99 C 50362 and 98 C 50042 are consolidated for purposes of this Memorandum Opinion and Order. For the reasons stated on the reverse Memorandum Opinion and Order, plaintiff's motion for a ward of post-judgment attorney's fees and expenses is granted in part and denied in part [921-1]. Plaintiff is awarded $9965.00 in fees and $2201.14 in costs, for a total of $12,166.14. Entered Memorandum Opinion and Order. (For further detail see order.) Mailed notice (fce)

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Matthew J. Piers, Kelly K. Lambert, James Gerard Bradtke, Jennifer Kay Soule as attorney(s) for plaintiff ( 3 summons(es) issued.) ( Documents: 1−1 through 1−3) (clb) (Entered: 02/10/1998)

RECEIPT regarding payment of filing fee paid; on 2/9/98 in the amount of $ 150.00, receipt # 294160. (clb) (Entered: 02/10/1998)

This matter is referred to the Hon. P. Michael Mahoney pursuant to General Rule 1.71. (clb) (Entered: 02/10/1998)

ATTORNEY APPEARANCE for defendant Ingersoll Milling by James D. Zeglis (fce) (Entered: 02/24/1998)

MOTION by defendant Ingersoll Milling for extension of time ; Notice of motion; Notice of filing (fce) (Entered: 02/25/1998)

RETURN OF SERVICE executed upon defendant Ingersoll Milling on 2/9/98 (fce) (Entered: 03/03/1998)

RETURN OF SERVICE executed upon defendant Ingersoll Intl Inc on 2/9/98 (fce) (Entered: 03/03/1998)

RETURN OF SERVICE executed upon defendant Brian Howard on 2/9/98; Notice of fiing (fce) Modified on 03/03/1998 (Entered: 03/03/1998)

MINUTE ORDER of 3/4/98 by Hon. P. Michael Mahoney : Defendant's motion for extension of time to April 1, 1998 to respond to the complaint is granted [4−1]. Status hearing set for 1:30 4/15/98 . Mailed notice (fce) (Entered: 03/06/1998)

MINUTE ORDER of 3/9/98 by Hon. P. Michael Mahoney : Defendant's motion (incorrectly titled plaintiff's motion) to admit John Doar pro hac vice is granted [2−1]. John Doar to fill out the correct forms with the clerk's office and to pay the filing fee. Mailed notice (fce) (Entered: 03/11/1998)

MOTION by defendant Ingersoll Milling for attorneys Dorothy S. Landberg and Brenda J. Pence to appear pro hac vice ($200.00 paid, receipt 294229) (fce) (Entered: 03/25/1998)

James Zeglis' NOTICE of change of address (fce) (Entered: 03/25/1998)

MOTION by defendants to dismiss plaintiffs' class action complaint for failure to state a claim under 42 U.S.C. 1981 and 1985(3) ; Notice of motion; Notice of filing (fce) (Entered: 03/31/1998)

ANSWER to complaint by defendants; Notice of filing (fce) (Entered: 03/31/1998)

MEMORANDUM of law by defendants in support of their motion to dismiss plaintiffs' class action complaint for failure to state a claim under 42 U.S.C. 1981 and 1985(3) [12−1] (Attachments) (fce) (Entered: 03/31/1998)

MINUTE ORDER of 4/13/98 by Hon. P. Michael Mahoney : Defendant's motion for attorneys Dorothy S. Landberg and Brenda J. Pence to appear pro hac vice granted [10−1] Mailed notice (fce) (Entered: 04/15/1998)

ATTORNEY APPEARANCE for defendant Ingersoll Milling by Dorothy S. Landsberg and Brenda J. Pence (fce) (Entered: 04/15/1998)

MINUTE ORDER of 4/15/98 by Hon. P. Michael Mahoney : Status hearing held. Initial Pretrial conference set to 1:30 6/3/98 Filed defendants' motion to dismiss. Answer brief to motion due 5/6/98. Reply to answer brief due 5/20/98. Ruling will be by mail. If a party is not going to file a brief in response or reply, it is that party's obligation, within the time frame established by this order, to so notify the court in writing. Parties to hold FRCP 26(f) conference. Case management order due 6/2/98. Mailed notice (fce) (Entered: 04/16/1998)

MEMORANDUM by plaintiffs in opposition to defendants motion to dismiss [12−1](Exhibits); Notice of filing (fce) (Entered: 05/07/1998)

REPLY BRIEF by Defendants Ingersoll Intl Inc, Ingersoll Milling, Brian Howard in further support of their motion to dismiss palintiff's claims [12−1] (Attachment) (fce) (Entered: 05/20/1998)

STATUS REPORT by plaintiffs' (fce) (Entered: 06/03/1998)

STATUS REPORT by defendants (fce) (Entered: 06/03/1998)

FIRST AMENDED COMPLAINT [1−1] by plaintiffs; jury demand; adding Elizabeth Brown, Robert Burrage, Dwight Williams, Kevin Williams; Notice of filing (fce) Modified on 06/23/1998 (Entered: 06/23/1998)

PROPOSED CASE MANAGEMENT ORDER by defendants (fce) (Entered: 07/08/1998)

SCHEDULE set on 7/8/98 by Hon. P. Michael Mahoney : Initial Pretrial conference held and continued to Discovery conference set for 10:30 8/10/98 . Discovery to begin as stated in open court. No notice (glg) (Entered: 07/08/1998)

RENEWED MOTION by defendants to dismiss plaintiffs' first amended class action complaint for failure to state a claim under 42 USC 1981 ; Notice of filing (fce) (Entered: 07/13/1998)

ANSWER to first amended complaint by defendant; Notice of filing (fce) (Entered: 07/13/1998)

MOTION by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard for a protective order regarding confidential treatment of certain discovery material ; notice of filing; notice of motion (fce) (Entered: 08/03/1998)

MOTION by plaintiffs to compel discovery (Exhibits); Notice of motion (fce) (Entered: 08/06/1998)

MEMORANDUM by plaintiffs in opposition to Defendants' motion for entry of a protective order attached to Defendants' motion filed 07/30/98 [26−1] (Exhibit); Notice of filing (fce) (Entered: 08/06/1998)

MEMORANDUM by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard in support of motion to enter a protective order regarding confidential treatment of certain discovery material (fce) (Entered: 08/11/1998)

MINUTE ORDER of 8/10/98 by Hon. P. Michael Mahoney : Initial Pretrial/discovery conference held. Defendant's motion for protective order is granted in part as stated in open court. Parties to submit proposed protective order by 8/17/98. Discovery to commence. Class certification motion due 12/18/98. Non−certified class discovery cutoff set for 3/3/99. Parties to submit proposed schedule for 30(b)(6), plaintiffs and 3rd party depositions by 9/2/98. Discovery hearing set for 10:30 9/3/98. Filed plaintiffs' motion to compel. Answer brief due 8/19/98. Reply due 8/24/98. Ruling will be by mail. Mailed notice (fce) (Entered: 08/11/1998)

TRANSCRIPT of proceedings for the following date(s): 8/10/98 Before Honorable P. Michael Mahoney (fce) (Entered: 08/11/1998)

MEMORANDUM by defendants' in opposition to plaintiffs' motion to compel (fce) (Entered: 08/20/1998)

MOTION by plaintiffs' for leave to file six page reply brief instanter ; notice of motion (fce) (Entered: 08/26/1998)

Agreed MOTION by plaintiffs' for leave to file reply brief instanter ; notice of motion (fce) (Entered: 08/26/1998)

MOTION by plaintiffs' for leave to add the appearances of additional counsel ; notice of motion (fce) (Entered: 08/26/1998)

Proposed Scheduling Order by defendants (fce) (Entered: 09/03/1998)

MINUTE ORDER of 9/3/98 by Hon. P. Michael Mahoney : Discovery hearing held. Parties to submit protective order based upon court's statements in open court. Plaintiffs' oral motion to reveal confidential material to Stanis is denied without prejudice. Plaintiffs' motion to file additional appearances and to file reply brief instanter are granted. Plaintiff's motion to compel is granted in part and denied in part. Parties to submit deposition schedule for the next 60 days by fax (815/987−4291) by 4:00 9/8/98. Discovery conference continued to 10/8/98 at 10:30 a.m. Mailed notice (fce) (Entered: 09/04/1998)

ATTORNEY APPEARANCE for Missey Jefferson, Grover A Shelton Jr, Jack Allen Jr, Linda Carter, Gerald Collins, Denver Edwards, Walter Flannigan, Charles Fiddis, Ray A Gaddie, Charles Gray, James L Hopson, A Z Jefferson Jr, Jennifer Johnson, Dennis − Locke, Felicia Morris, Michele White McIntosh, DeWanda Thomas, Elizabeth Brown, Robert Burrage, Dwight Williams, Kevin − Williams by Robert D. Allison, Steven P. Schneck (fce) (Entered: 09/04/1998)

REPLY Memorandum by plaintiffs' in Support of Motion to Compel Discovery; notice of filing (fce) (Entered: 09/04/1998)

LETTER to Magistrate Mahoney from Jennifer K. Soule dated 7/6/98 (fce) (Entered: 09/09/1998)

LETTER to Magistrate Mahoney from John Doar dated 8/18/98 (fce) (Entered: 09/09/1998)

LETTER to Magistrate Mahoney from Jennifer K. Soule dated 9/1/98 (fce) (Entered: 09/09/1998)

LETTER to Magistrate Mahoney from Jennifer K. Soule dated 9/2/98 (fce) (Entered: 09/09/1998)

LETTER to Magistrate Mahoney from John Doar dated 9/2/98 (fce) (Entered: 09/09/1998)

ATTORNEY APPEARANCE for plaintiffs by Robert D. Allison and Steven P. Schneck (fce) (Entered: 09/16/1998)

TRANSCRIPT of proceedings for the following date(s): 9/3/98 Before Honorable P. Michael Mahoney (fce) (Entered: 09/16/1998)

LETTTER to Judge Mahoney dated 09/16/98 by defendant Ingersoll Milling (Attachments) (RESTRICTED) (fce) (Entered: 09/17/1998)

LETTER to Magistrate Mahoney from Jennifer K. Soule dated 9/17/98 (fce) (Entered: 09/22/1998)

MINUTE ORDER of 9/22/98 by Hon. Philip G. Reinhard : For the reasons set forth on the reverse, defendants' motion to dismiss plaintiffs' claims under 42 USC 1981 is granted. Thus, Counts I, III, V, VII, IX and XI, and Count XIII, insofar as it alleges a violation of 42 USC 1981 are dismissed with prejudice. (For further detail see order.) Mailed notice (fce) (Entered: 09/23/1998)

PROTECTIVE ORDER regarding confidential treatment of certain discovery material (fce) (Entered: 10/06/1998)

MINUTE ORDER of 10/2/98 by Hon. P. Michael Mahoney : Enter agreed protective order. (For further detail see order.) Mailed notice (fce) (Entered: 10/06/1998)

MOTION by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard to compel discovery ; Notice of filing (fce) (Entered: 10/06/1998)

MEMORANDUM by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard in support of its motion to compel discovery [52−1] (fce) (Entered: 10/06/1998)

MOTION by plaintiffs to reconsider and/or for clarificaiton of order dismissing claims under 42 USC section 1981 ; Notice of motion (fce) (Entered: 10/06/1998)

AFFIDAVIT of John Doar (Attachments) (fce) (Entered: 10/06/1998)

MOTION by plaintiffs for ruling on motion to compel production of employee records and promotion documents concerning persons other than the named plaintiffs (fce) (Entered: 10/08/1998)

MOTION by plaintiff for protective orde concerning ex parte contacts between defendants' counsel and punative class members (fce) (Entered: 10/08/1998)

MOTION by plaintiffs to compel compliance with court order relating to production of form EEO−1 records (fce) (Entered: 10/08/1998)

MOTION by plaintiffs to compel production of computer readable data withheld by defendants (fce) (Entered: 10/08/1998)

MOTION by plaintiffs for ruling on motion to compel production of records relating to external applicants for hire with Ingersoll (fce) (Entered: 10/08/1998)

MOTION by plaintiffs to compel compliance with court order relating to production of organization charts (fce) (Entered: 10/08/1998)

STATUS REPORT by plaintiff (fce) (Entered: 10/08/1998)

STATEMENT of Jennifer K. Soule pursuant to Local Rule 12(K) (fce) (Entered: 10/08/1998)

MOTION by plaintiff to establish procedures with respect to the conduct of plaintiffs' depositions (Exhibit); Notice of filing (fce) (Entered: 10/07/1998)

STATUS REPORT by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard (fce) (Entered: 10/09/1998)

MEMORANDUM by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard in opposition to plaintiffs' motions to compel production of documents (fce) (Entered: 10/09/1998)

MEMORANDUM by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard in opposition to motion for a protective order concerning ex parte contacts between defendants' counsel and putative class members (fce) (Entered: 10/09/1998)

MEMORANDUM by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard in opposition to plaintiffs' motion to establish procedures with respect to the conduct of plaintiffs' depositions (fce) (Entered: 10/09/1998)

MINUTE ORDER of 10/8/98 by Hon. P. Michael Mahoney : Plaintiffs' motion to compel production of records relating to external applicants for hire with Ingersoll is granted in part. Defendant to produce external job log back to 1/95 to manager level. Plaintiffs' motion to compel production of employee records and promotion is granted in part. Defendants given to 10/29/98 to produce similarly situated transfer where no posting was done for period of 1/95 to 12/97 through manager level. Mailed notice (fce) (Entered: 10/13/1998)

MINUTE ORDER of 10/8/98 by Hon. P. Michael Mahoney : Plaintiffs' motion to compel production of documents for a reasonable time period is granted [52−1] in part as stated on the reverse. Defendants to produce personnel files of the supervisors of the title Seven plaintiffs for attorneys' eyes only. Plaintiffs' counsel to examine files and list what they want to show plaintiffs. If defendants do not agree, the court will make an in camera inspection. (For further detail see order.) Mailed notice (fce) (Entered: 10/13/1998)

MINUTE ORDER of 10/8/98 by Hon. P. Michael Mahoney : Discovery hearing held. Defendant's motion to compel is denied. Plaintiff's motion to establish procedures is granted. Documents to be shown to deponent to be produced 48 hours prior to deposition. Plaintiffs' motion to compel relating to EEO forms is granted. Plaintiffs' motion to compel production of computer data is granted up to manager level, back to January 1993. Plaintiffs' motion to compel compliance with court order relating to organizational charts is denied without prejudice. Filed plaintiff's motion for a protective order. Answer brief to motion due 10/15/98. Reply due 11/20/98. Ruling by mail. Discovery conference continued to 11/18/98 at 9:00 a.m. Mailed notice (fce) (Entered: 10/13/1998)

MOTION by plaintiffs' to stay ; notice of motion (fce) (Entered: 10/14/1998)

MINUTE ORDER of 10/14/98 by Hon. Philip G. Reinhard : Plaintiff's motion to reconsider and/or for clarification of order dismissing claims under 42 USC 1981 is presented and denied [54−1]. Mailed notice (fce) (Entered: 10/20/1998)

SUPPLEMENTAL Memorandum by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard in Opposition to plaintiffs' motion for a protective order concerning ex parte contacts between defendants' counsel and putative class members; notice of filing (fce) (Entered: 10/19/1998)

TRANSCRIPT of proceedings for the following date(s): 10/14/98 Before Honorable Philip G. Reinhard (fce) (Entered: 10/19/1998)

LETTER from defendant Ingersoll Milling to Mag. Mahoney dated 09/29/98 (fce) (Entered: 10/20/1998)

TRANSCRIPT of proceedings for the following date(s): 10/8/98 Before Honorable P. Michael Mahoney (fce) (Entered: 10/21/1998)

REPLY Brief by plaintiffs in support of motion for a protective order concerning ex part contacts between defendants' counsel and putative class members; notice of filing (fce) (Entered: 10/21/1998)

MOTION by plaintiffs' to amend complaint ; notice of motion (fce) (Entered: 11/16/1998)

STATEMENT of Jennifer K. Soule pursuant to Local Rule 12(K) (fce) (Entered: 11/18/1998)

STATUS REPORT by plaintiffs' (fce) (Entered: 11/18/1998)

MOTION by plaintiffs' to enforce court order allowing attorneys' eyes examination of supervisor files (fce) (Entered: 11/18/1998)

MOTION by plaintiffs' to compel production of documents responsive to plaintiffs' second request for production of documents (fce) (Entered: 11/18/1998)

MOTION by plaintiffs' to compel production of certifications relating to compliance with affirmative action regulations (fce) (Entered: 11/18/1998)

MOTION by plaintiffs' to compel defendants to designate purportedly confidential documents (fce) (Entered: 11/18/1998)

MOTION by plaintiffs' to compel identification of black employees and applicants (fce) (Entered: 11/18/1998)

MOTION by plaintiffs' to compel documents relating to recruiting (fce) (Entered: 11/18/1998)

MOTION by plaintiffs' to strike 12/18/98 cut−off for filing motion for class certification and to set a status hearing and scheduling conference in 45 days (fce) (Entered: 11/18/1998)

MOTION by plaintiffs' to enforce order requiring production of additional applications for employment and to compel production of related documents (fce) (Entered: 11/18/1998)

MOTION by plaintiffs' to compel production of additional documents relating to promotions and transfers ; notice of filing; notice of motion (fce) (Entered: 11/18/1998)

MOTION by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard to dismiss the claims of plaintiffs ; notice of motion (fce) (Entered: 11/18/1998)

MEMORANDUM by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard in opposition to plaintiffs' motion to strike 12/18/98 cut−off for filing motion for class certification and to set a status hearing and scheduling conference in 45 days; notice of filing (fce) (Entered: 11/18/1998)

MEMORANDUM by defendant Ingersoll Intl Inc, defendant Ingersoll Milling, defendant Brian Howard in opposition to plaintiffs' motions to compel discovery (fce) (Entered: 11/18/1998)

LETTER from defendant Ingersoll Milling to Mag. Mahoney dated 11/16/98. (fce) (Entered: 11/19/1998)

MINUTE ORDER of 11/18/98 by Hon. P. Michael Mahoney : Filed defendant's motion to dismiss and plaintiff's motion to stay as to 8 plaintiffs. Answer brief due 12/2/98. Reply due 12/9/98. Rulings by mail. If a party is not going to file a response or reply, it is that party's obligation, within the time frame established by this order, to so notify the court in writing. Parties are to provide 3 business day notice on motions to be heard by the court. The Magistrate Judge will not rule on a motion filed with less time unless the parties agree. Plaintiff's motion to strike 12/18/98 cut−off for filing motion for class certification and to set a status hearing and scheduling conference in 45 days granted [90−1]. Material in support due 2/18/99. Mailed notice (fce) (Entered: 11/20/1998)

MINUTE ORDER of 11/18/98 by Hon. P. Michael Mahoney : Discovery hearing HCto 9:00 12/22/98. Filed plaintiff's motion for leave to file second amended class action complaint. Answer brief due 11/25/98. Reply due 12/4/98. Ruling by mail. Magistrate Judge will rule. Plaintiff's motion to compel production of certifications relating toi affirmative action is granted. Defendant to make reasonable search and produce 1993 through present by 12/2/98. Plaintiff's motion to compel production of documents responsive to second request, minutes, is withdrawn. Plaintiff's motion to enforce court order regarding supervisor files is granted in part. Files of Doug Hartman and Roger Doherty to be produced. Mailed notice (fce) (Entered: 11/20/1998)

MINUTE ORDER of 11/18/98 by Hon. P. Michael Mahoney : Filed plaintiff's motion to compel production of additional documents relating to promotions and transfers. Answer brief due 11/23/98. Reply due 11/25/98. Ruling by mail. Magistrate Judge will rule. Plaintiffs' motion to compel designation of confidential documents is withdrawn. Plaintiff's motion to compel identification of black employees and applicants is denied at thisw time as stated in open court. Plaintiff's motion to compel documents relating to recuruiting is withdrawn without prejudice. Plaintiff's motion to enforce production of additional applications and compel production of related documents is granted in part. Defendant given to 12/2/98 to provide explanation of what happened, as stated in open court. Mailed notice (fce) (Entered: 11/20/1998)