Case: Tomlinson v. El Paso Corp.

Tomlinson v. El Paso Corporation

Tomlinson v. El Paso Corporation

Tomlinson v. El Paso Corporation

Tomlinson v. El Paso Corporation

Tomlinson v. El Paso Corporation

Tomlinson v. El Paso Corporation

Tomlinson v. El Paso Corporation

Tomlinson v. El Paso Corporation

Tomlinson v. El Paso Corporation

Tomlinson v. El Paso Corporation

Class Action COMPLAINT against El Paso Corporation, El Paso Pension Plan (Filing fee $ 150 #256984.), filed by plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. Jury demand.(bpm, ) (Entered: 12/30/2004)

Summons Issued as to El Paso Corporation, El Paso Pension Plan. (bpm, )

ORDER returning case to clerk's office for reassignment to another judge. Signed by Judge Zita L. Weinshienk on 1/12/05. (gms, ) (Entered: 01/14/2005)

LETTER REASSIGNING CASE. Case reassigned to Judge Walker D. Miller for all further proceedings. Judge Zita L. Weinshienk is no longer assigned to case. (gms, ) (Entered: 01/14/2005)

WAIVER OF SERVICE Returned Executed by all plaintiffs. El Paso Pension Plan waiver sent on 12/29/2004, accepted by Steven C. Meisgeier, Esq, answer due 2/28/2005. (pap, ) (Entered: 02/15/2005)

MOTION for Extension of Time to Plead or Respond to the 1 Complaint to 3/30/05 by Defendants El Paso Corporation, El Paso Pension Plan. (gms, ) (Entered: 02/24/2005)

Corporate Disclosure by El Paso Corporation, El Paso Pension Plan. (gms, ) (Entered: 02/24/2005)

ORDER REFERRING CASE to Magistrate Judge O. Edward Schlatter; R16,stat,stlmt,pt,pto (dlb, ) (Entered: 03/01/2005)

MINUTE ORDER granting 5 MOTION for Extension of Time to Plead or Respond to the 1 Complaint to 3/30/05 by Defendants El Paso Corporation, El Paso Pension Plan. Answer due 3/30/2005 by Judge Walker D. Miller on 2/28/05. (dlb, ) (Entered: 03/01/2005)

MINUTE ORDER setting Scheduling/Planning Conference set for 4/27/2005 10:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter by Magistrate Judge O. Edward Schlatter on 3/1/05. (dlb, ) (Entered: 03/02/2005)

MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 03/31/2005)

Plas' Unopposed MOTION for Extension of Time to File Opposition (Response) to dfts' mtn for partial dismissal to 5/20/05 re: 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan.(dlb, ) (Entered: 04/20/2005)

MEMORANDUM referring to Magistrate Judge Schlatter : 11 MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Dismiss MOTION for More Definite Statement MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint filed by Wayne Tomlinson,, Alice Ballesteros,, Gary Muckelroy, by Judge Walker D. Miller on 4/19/05. (dlb, ) (Entered: 04/21/2005)

MINUTE ORDER resetting Scheduling Conference set for 5/27/2005 09:30 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter by Magistrate Judge O. Edward Schlatter on 4/19/05. (dlb, ) (Entered: 04/21/2005)

MINUTE ORDER granting 11 Plas' Unopposed MOTION for Extension of Time to File Opposition (Response) to dfts' mtn for partial dismissal to 5/20/05 re: 10 by Magistrate Judge O. Edward Schlatter on 4/19/05. (dlb, ) (Entered: 04/21/2005)

Pla's MOTION for Extension of Time to File Opposition (Response) to 5/31/05 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan.(dlb, ) (Entered: 05/18/2005)

MEMORANDUM referring to Magistrate Judge Schlatter : 15 Pla's MOTION for Extension of Time to File Opposition (Response) to 5/31/05 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan by Judge Walker D. Miller on 5/18/05. (dlb, ) (Entered: 05/19/2005)

Dfts' Opposition (RESPONSE) to Second 15 Pla's MOTION for Extension of Time to File Opposition (Response) to 5/31/05 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 05/19/2005)

MINUTE ORDER granting 15 Pla's MOTION for Extension of Time to File Opposition (Response) to 5/31/05 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan by Magistrate Judge O. Edward Schlatter on 5/19/05. (dlb, ) (Entered: 05/23/2005)

Plas' Memorandum of Law (BRIEF) in Opposition to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 05/26/2005)

Plas' Memorandum of Law (BRIEF) in Opposition re 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan. [Unpubished Decisions] (dlb, ) (Entered: 05/27/2005)

MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 05/27/2005)

Minute Entry for proceedings held before Judge O. Edward Schlatter : Scheduling Conference held on 5/27/2005 re 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. The Court will not rule on the motion at this time. Pla's response due within ten (10) days of this date. Dfts shall then have five (5) days to file a reply. Dfts' shall make initial disclosures by 6/10/05. Discovery cut off: 3/31/06; dispositive motion deadline: 4/28/06; prtrial conference, 9/11/06 at 9:00 a.m.; settlement conference to be set at a later date. (Court Reporter FTR - Ctrm A601.) (dlb, ) (Entered: 05/31/2005)

SCHEDULING ORDER: Discovery due by 3/31/2006. Dispositive Motions due by 4/28/2006. Proposed Pretrial Order due by 9/6/2006. Final Pretrial Conference set for 9/11/2006 09:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter. Signed by Magistrate Judge O. Edward Schlatter on 5/27/05. (dlb, ) (Modified on 7/25/2005 to correct typo) (dlb, ). (Entered: 05/31/2005)

MINUTE ORDER : Final Pretrial Conference set for 9/11/2006 09:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter by Magistrate Judge O. Edward Schlatter on 5/27/05. (dlb, ) (Entered: 05/31/2005)

MEMORANDUM referring to Magistrate Judge Schlatter : 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan by Judge Walker D. Miller on 5/31/05. (dlb, ) (Entered: 06/01/2005)

MINUTE ORDER re: 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. Pla's responses due by 6/13/05 by Magistrate Judge O. Edward Schlatter on 5/31/05. (dlb, ) (Entered: 06/01/2005)

Plas' Memorandum of Law (BRIEF) in Opposition to 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 06/14/2005)

Pla's Unpublished Decisions (SUPPLEMENT) to 27 Plas' Memorandum of Law (BRIEF) in Opposition to 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 06/14/2005)

MINUTE ORDER re: 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan. The deadline for filing a reply shall be extended to 6/23/05 by Magistrate Judge O. Edward Schlatter on 6/14/05. (dlb, ) (Entered: 06/15/2005)

Defendants' REPLY Memorandum in further support of their 21 MOTION for a Protective Order Staying Discovery Pending Disposition of Defedants' Pleading Motion or in the Alternative. Limiting Discovery to Claim IV and V filed by Defendants El Paso Corporation, El Paso Pension Plan. (djs, ) (Entered: 06/17/2005)

ORDER granting 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. All discovery is hereby stayed pending ruling on dfts' motion to dismiss. Signed by Magistrate Judge O. Edward Schlatter on 6/21/05. (dlb, ) (Entered: 06/21/2005)

AMENDED ORDER re: 31 ORDER granting 21 MOTION Protective Order staying discovery until disposition of dfts' pretrial motions or in the alternative MOTION for Order limiting all discovery to the notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. All discovery is hereby stayed pending ruling on dfts' motion to dismiss. Signed by Magistrate Judge O. Edward Schlatter on 6/22/05. (dlb, ) (Entered: 06/22/2005)

MOTION to Strike 19 Brief in Opposition to Motion, Defendants' Objections and Motion to Strike Extra Judicial Statements in Plaintiffs' Opposition Brief by Defendants El Paso Corporation, El Paso Pension Plan. (Martin, Raymond) (Entered: 06/23/2005)

REPLY to Response to Motion re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint filed by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit A to Defendants' Reply Memorandum of Law# 2 Exhibit B to Defendants' Reply Memorandum of Law)(Martin, Raymond) (Entered: 06/23/2005)

1 Exhibit A to Defendants' Reply Memorandum of Law

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2 Exhibit B to Defendants' Reply Memorandum of Law

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Mail Returned as Undeliverable re: 31 Order Addressed to Chritopher Rillo. (dlb, ) (Entered: 06/30/2005)

BRIEF in Opposition re 33 MOTION to Strike 19 Brief in Opposition to Motion, Defendants' Objections and Motion to Strike Extra Judicial Statements in Plaintiffs' Opposition Brief filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 07/07/2005)

Mail Returned as Undeliverable Addressed to Christopher Rillo. (dlb, ) (Entered: 07/13/2005)

NOTICE of Change of Address for Christopher J. Rillo by Raymond W. Martin (Martin, Raymond) (Entered: 08/19/2005)

MOTION to Withdraw as Attorney (Rachel Shaffer) by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed Order (PDF Only) to Motion for Withdrawal of Counsel)(Martin, Raymond) (Entered: 09/07/2005)

1 Proposed Order (PDF Only) to Motion for Withdrawal of Counsel

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MEMORANDUM referring to Magistrate Judge Schlatter : 39 MOTION to Withdraw as Attorney (Rachel Shaffer) filed by El Paso Corporation,, El Paso Pension Plan, by Judge Walker D. Miller on 9/8/05. (Text Only Entry - No Document Attached)(wdmsec, ) (Entered: 09/08/2005)

ORDER granting 39 MOTION to Withdraw as Attorney (Rachel Shaffer) by Defendants El Paso Corporation, El Paso Pension Plan. Signed by Magistrate Judge O. Edward Schlatter on 9/9/05. (dlb, ) (Entered: 09/09/2005)

Letter from Stephen R. Bruce (dlb, ) (Entered: 09/16/2005)

RESPONSE to 42 Letter to the Honorable O. Edward Schlatter by Defendants El Paso Corporation, El Paso Pension Plan. (Martin, Raymond) (Entered: 09/19/2005)

NOTICE of Supplemental Authority re 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss by Defendants El Paso Corporation, El Paso Pension Plan (Rillo, Christopher) (Modified on 11/2/2005 to clarify entry) (dlb, ). (Modified on 11/2/2005 to indicate STRICKEN pursuant to minute order)(dlb, ). (Entered: 11/01/2005)

MINUTE ORDER STRIKING for failure to comply with D.C.Colo.LCivR 5.6 44 NOTICE of Supplemental Authority re 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss by Defendants El Paso Corporation, El Paso Pension Plan by Judge Walker D. Miller on 11/1/05. (dlb, ) (Entered: 11/02/2005)

NOTICE of Supplemental Authority re 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss by Defendants El Paso Corporation, El Paso Pension Plan (Rillo, Christopher) (Modified on 11/3/2005 to clarify entry) (dlb, ). (Entered: 11/02/2005)

STATEMENT of Supplemental Authority and response to Dfts' 46 NOTICE of Supplemental Authority re 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss by Defendants by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Exhibit A)(Roseman, Barry) (Modified on 11/10/2005 to correct linkage and clarify entry) (dlb, ). (Entered: 11/10/2005)

1 Exhibit A

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NOTICE of Supplemental Authority re MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan (Rillo, Christopher) (Modified on 11/23/2005 to clarify entry) (dlb, ). (Entered: 11/22/2005)

REASSIGNING MAGISTRATE JUDGE. Upon the retirement of Magistrate Judge O. Edward Schlatter, this case has been reassigned and is now referred to Michael E. Hegarty, effective February 15, 2006. All future pleadings should reference Magistrate Judge Hegarty at the end of the civil action number (such as 05-cv-00500-LTB-MEH). The dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Hegarty in Courtroom A601. His chambers are located in Room A651. His telephone number is 303-844-4507. (Text only entry - no document attached) (gms, ) (Entered: 02/08/2006)

MINUTE ORDER denying 33 MOTION to Strike 19 Brief in Opposition to Motion, Defendants' Objections and Motion to Strike Extra Judicial Statements in Plaintiffs' Opposition Brief by Defendants by Judge Walker D. Miller on 3/30/06. (dlb, ) (Entered: 03/30/2006)

STATEMENT re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint (Supplemental Authority) by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Exhibit A)(Roseman, Barry) (Entered: 04/13/2006)

1 Exhibit A

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Unopposed MOTION for Leave to File A Response to Notice of New Authority by Defendant El Paso Corporation. (Rillo, Christopher) (Entered: 04/19/2006)

MEMORANDUM referring to Magistrate Judge Hegarty : 52 Unopposed MOTION for Leave to File A Response to Notice of New Authority filed by El Paso Corporation, by Judge Walker D. Miller on 4/19/06. (Text Only Entry - No Document Attached)(wdmsec, ) (Entered: 04/19/2006)

RESPONSE to 48 Notice (Other), Notice (Other) by Defendants El Paso Corporation, El Paso Pension Plan. (Rillo, Christopher) (Entered: 04/20/2006)

Minute ORDER granting Defendants' Unopposed 52 Motion for Leave to Respond to Plaintiffs' Notice of New Authority. Defendants are directed to electronically file the response, by Magistrate Judge Michael E. Hegarty on 4/20/06. (gms, ) (Entered: 04/20/2006)

NOTICE re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint (Notice of Supplemental Authority in Further Support of) by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit A# 2 Exhibit B)(Martin, Raymond) (Entered: 08/11/2006)

1 Exhibit A

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2 Exhibit B

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Unopposed MOTION to File Response to Defendants' 56 Notice of Supplementary Authority to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Roseman, Barry) (Modified on 8/15/2006 to add linkage) (dln, ). (Entered: 08/14/2006)

Docket Annotation re: 57 Unopposed MOTION to File Response to Defendants' 56 Notice of Supplementary Authority to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss by Plaintiff. [Entry modified to add linkage] Text only entry - no document attached. (dln, ) (Entered: 08/15/2006)

MINUTE ORDER Granting if filed within 10 days 57 Plaintiffs' Unopposed MOTION to File Response to Defendants' 56 Notice of Supplementary Authority to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss. Entered by Judge Walker D. Miller on 8/16/06. (pap, ) (Entered: 08/16/2006)

NOTICE re 56 Notice (Other), Notice (Other) Response to Defendants' Notice of Supplemental Authority by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy (Attachments: # 1 Exhibit)(Bruce, Stephen) (Entered: 08/30/2006)

1 Exhibit

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NOTICE re 60 Notice (Other) Supplemental Response to Defendants' Notice of Supplemental Authority by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy (Bruce, Stephen) (Entered: 09/05/2006)

MINUTE ORDER: Final Pretrial Conference set for 09/11/2006 is CONVERTED to a Telephonic Status Conference set for 9/11/2006 09:00 AM before Magistrate Judge Michael E. Hegarty by Judge Michael E. Hegarty on 9/6/06. (dln, ) (Entered: 09/07/2006)

NOTICE re 61 Notice (Other), 60 Notice (Other) application to respond by Defendants El Paso Corporation, El Paso Pension Plan (Rillo, Christopher) (Entered: 09/08/2006)

Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty: Telephonic Status Conference held on 9/11/2006. Scheduling Conference set for 10/25/2006 09:00 AM in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. The proposed Scheduling Order shall be submitted to the Court by e-mail and to the Clerk of the Court for electronic filing on October 23, 2006, by noon (12:00 p.m.) Denver time.(Court Reporter FTR - C. Coomes) (mehcd) (Entered: 09/11/2006)

Docket Annotation re: 63 NOTICE re 61 Notice (Other), 60 Notice (Other) application to respond by Defendants filed in error. [Document to be refiled by Counsel as Motion for leave; Exhibits as attachments and a proposed document]. Text only entry - no document attached. (dln, ) (Entered: 09/11/2006)

Unopposed MOTION for Leave to File Reply to Plaintiffs' August 30, 2006 Responses to Defendants' Notice of Supplemental Authority by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed Document Defendants' Reply to Plaintiffs' Responses Filed on August 30, 2006 and September 5, 2006)(Martin, Raymond) (Entered: 09/12/2006)

1 Proposed Document Defendants' Reply to Plaintiffs' Responses Filed on

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REPLY to Plaintiffs Supplemental Responses 60 and 61 re: 10 Notice of Supplementary Authority to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss by Defendants El Paso Corporation, El Paso Pension Plan. (dln, ) (Entered: 09/13/2006)

MINUTE ORDER granting 66 Unopposed MOTION for Leave to File Reply to Plaintiffs' August 30, 2006 Responses to Defendants' Notice of Supplemental Authority by Defendants and the same is accepted for filing by Judge Walker D. Miller on 9/12/06.(dln, ) (Entered: 09/13/2006)

NOTICE re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Defendants' Notice of Supplementary Authority in Support of Motion# 2)(Rillo, Christopher) (Entered: 09/28/2006)

1 Defendants' Notice of Supplementary Authority in Support of Motion

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RESPONSE to 69 NOTICE re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Roseman, Barry) (Modified on 10/6/2006 to add linkage)(dln, ). (Entered: 10/05/2006)

Unopposed MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Roseman, Barry) (Entered: 10/05/2006)

MOTION for Leave to File A Reply to Plaintiffs' October 5 Response to Notice of New Authority by Defendant El Paso Corporation. (Attachments: # 1 Proposed Document)(Rillo, Christopher) (Entered: 10/11/2006)

1 Proposed Document

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RESPONSE to Motion re 72 MOTION for Leave to File A Reply to Plaintiffs' October 5 Response to Notice of New Authority filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 10/16/2006)

Proposed Scheduling Order by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 10/23/2006)

MINUTE ORDER granting 71 Unopposed MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority by Plaintiffs by Judge Walker D. Miller on 10/23/06.(dln, ) (Entered: 10/24/2006)

Proposed Scheduling Order (Corrected) by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 10/24/2006)

Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty. Scheduling Conference held on 10/25/2006: Settlement Conference set for 9/10/2007 at 10:00 a.m. in Courtroom A 601 before Magistrate Judge Michael E. Hegarty; Final Pretrial Conference set for 11/27/2007 at 9:00 a.m. in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. (Court Reporter FTR - Ben Van Dyke) (paccd) (Entered: 10/25/2006)

SCHEDULING ORDER: Discovery due by 8/31/2007.,Dispositive Motions due by 9/30/2007., Settlement Conference set for 9/10/2007 10:00 AM before Magistrate Judge Michael E. Hegarty., Final Pretrial Conference set for 11/27/2007 09:00 AM before Magistrate Judge Michael E. Hegarty. Signed by Judge Michael E. Hegarty on 10/25/06. (dln, ) (Entered: 10/25/2006)

MINUTE ORDER granting 72 MOTION for Leave to File A Reply to Plaintiffs' October 5 Response to Notice of New Authority by Defendant by Judge Walker D. Miller on 11/1/06.(dln, ) (Entered: 11/01/2006)

Plaintiffs' Third STATEMENT of Suppelemtnal Authority re 19 Plas' Memorandum of Law (BRIEF) in Opposition to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss (Supplemental Authorities) by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Modified on 11/3/2006 to correct linkage) (dln, ). (Entered: 11/02/2006)

Docket Annotation re: 80 Plaintiffs' Third STATEMENT of Suppelemtnal Authority re 19 Plas' Memorandum of Law (BRIEF) in Opposition to 10 MOTION to Dismiss claims I and III of the complaint for failure to state a claim upon which relief can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand re: 1 Complaint; to dismiss the complaint for failure to exhaust administrative remedies and to dismiss (Supplemental Authorities). [Entry modified to correct linkage]. Text only entry - no document attached. (dln, ) (Entered: 11/03/2006)

Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael E. Hegarty : Discovery Hearing held on 11/3/2006. (Court Reporter FTR - C. Coomes) (mehcd) (Entered: 11/03/2006)

TRANSCRIPT of Telephonic Discovery Hearing held on November 3, 2006 before Judge Michael E. Hegarty. Prepared by: Avery/Woods. Pages: 1 - 15. (certified copy) Text Only Entry - Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (dln, ) (Entered: 11/15/2006)

NOTICE of Defendants' Unopposed Application to Respond to Plaintiffs' Third Submission of Supplementary Authority by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Proposed Document Response to Plaintiffs' Third Submission of Supplementary Authority)(Rillo, Christopher) (Entered: 11/14/2006)

1 Proposed Document Response to Plaintiffs' Third Submission of Supplementary

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Docket Annotation re: 83 NOTICE of Defendants' Unopposed Application to Respond to Plaintiffs' Third Submission of Supplementary Authority by Defendants. [Document to be refiled by Counsel as a Motion for Leave to file]. Text only entry - no document attached. (dln, ) (Entered: 11/15/2006)

Unopposed MOTION for Leave to File Reply to Plaintiffs' Third Notice of Supplementary Authority by Defendant El Paso Corporation. (Attachments: # 1 Proposed Document)(Rillo, Christopher) (Entered: 11/15/2006)

1 Proposed Document

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Unopposed MOTION for Leave to Respond to Defs. Reply to Notice of Suppl. Auth. by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Document Plaintiffs' Response to Defs. Reply to Notice of Suppl. Auth.)(Bruce, Stephen) (Entered: 11/16/2006)

1 Proposed Document Plaintiffs' Response to Defs. Reply to Notice of Suppl. A

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NOTICE re 10 MOTION to Dismiss MOTION for More Definite Statement MOTION to Strike 1 Complaint MOTION to Strike 1 Complaint supplementary authority by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit unpublished court decision)(Rillo, Christopher) (Entered: 12/13/2006)

1 Exhibit unpublished court decision

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Joint MOTION for Protective Order by All Parties Filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 12/15/2006)

MEMORANDUM regarding 89 Joint MOTION for Protective Order by All Parties Filed filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael E. Hegarty by Judge Walker D. Miller on 12/15/06. (wdmsec, ) (Entered: 12/15/2006)

Docket Annotation re: 89 Motions terminated: 89 Joint MOTION for Protective Order by All Parties Filed [Document is a Proposed Protective Order - to be refiled by Counsel with appropriate motion]. Text only entry - no document attached. (dln, ) (Entered: 12/18/2006)

NOTICE of Supplemental Authority (Fourth) by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy (Attachments: # 1 Engers v. AT&T# 2 In re Citigroup)(Bruce, Stephen) (Entered: 12/18/2006)

1 Engers v. AT&T

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2 In re Citigroup

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Unopposed MOTION for Leave to Reply to Plaintiffs' Fourth Statement of Supplemental Authority by Defendant El Paso Corporation. (Attachments: # 1 Proposed Document Defendants' Response to Plaintiff's Fourth Statement of Supplemental Authority)(Rillo, Christopher) (Entered: 12/20/2006)

1 Proposed Document Defendants' Response to Plaintiff's Fourth Statement

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Joint MOTION for Protective Order Regarding Confidentiality of Certain Documents by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 12/21/2006)

1 Proposed Order (PDF Only)

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MEMORANDUM regarding 94 Joint MOTION for Protective Order Regarding Confidentiality of Certain Documents by Defendants. Motions referred to Magistrate Judge Michael E. Hegarty by Judge Walker D. Miller on 12/26/06. (Text Only Entry - No Document Attached)(dln, ) (Entered: 12/26/2006)

MINUTE ORDER granting 94 Joint MOTION for Protective Order Regarding Confidentiality of Certain Documents by Defendants by Magistrate Judge Michael E. Hegarty on 12/26/06.(dln, ) (Entered: 12/26/2006)

PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS. Signed by Judge Michael E. Hegarty on 12/26/06. (dln, ) (Entered: 12/26/2006)

Joint MOTION to Amend/Correct/Modify 78 Scheduling Order, by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Rillo, Christopher) (Entered: 01/19/2007)

1 Proposed Order (PDF Only)

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MEMORANDUM regarding 98 Joint MOTION to Amend/Correct/Modify 78 Scheduling Order, filed by El Paso Corporation, El Paso Pension Plan, Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael E. Hegarty by Judge Walker D. Miller on 1/19/07. (wdmsec, ) (Entered: 01/19/2007)