Case: Carter v. West Publishing Co.

U.S. Court of Appeals for the Eleventh Circuit

CLASS ACTION COMPLAINT and demand for jury trial filed (kit) Modified on 10/20/1997 (Entered: 10/20/1997)

NOTICE of designation under Local Rule 3.05 − TRACK 2. (ctc) (kit) (Entered: 10/20/1997)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Mark A. Pizzo (kit) (Entered: 10/20/1997)

FILING FEE PAID. ( Filing Fee $ 150.00 Receipt # 57748) (kit) (Entered: 10/20/1997)

SUMMONS(ES) issued for West Publishing Co. . Consent(s) issued. (kit) (Entered: 10/20/1997)

NOTICE OF CASE REASSIGNMENT to the Honorable Judge Richard A. Lazzara . Notice to Counsel. (cek) (Entered: 11/01/1997)

MOTION by West Publishing Co. to dismiss , or in the alternative for summary judgment (jlh) (Entered: 12/01/1997)

MEMORANDUM by West Publishing Co. in support of [4−1] motion to dismiss, [4−2] motion for summary judgment (jlh) (Entered: 12/01/1997)

NOTICE of attorney appearance for Patricia Winn Carter, Maxine M. Jones by Charles Gilbert Burr III, Sam J. Smith (mrh) (Entered: 12/11/1997)

MEMORANDUM by Patricia Winn Carter, Maxine M. Jones in opposition to [4−1] motion to dismiss, [4−2] motion for summary judgment. Exhibits attached. (gw) (Entered: 12/18/1997)

MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support to suspend local rule 4.04(e) (kit) (Entered: 12/23/1997)

STIPULATED MOTION to redesignate case from track two to track three by Patricia Winn Carter, Maxine M. Jones and West Publishing. (crb) (Entered: 12/30/1997)

ENDORSED ORDER granting [9−1] stipulation to redesignate case from track two to track three ( Signed by Judge Richard A. Lazzara ) ctc (gkm) (Entered: 12/31/1997)

MOTION by West Publishing Co. for leave to file reply memorandum in support of West's motion to dismiss or for summary judgment . Memorandum attached. (kit) Modified on 01/06/1998 (Entered: 01/06/1998)

CERTIFICATE OF SERVICE of [10−1] motion for leave to file reply memorandum in support of West's motion to dismiss or for summary judgment by West Publishing Co. (kit) (Entered: 01/06/1998)

MEMORANDUM by West Publishing Co. in opposition to [8−1] motion to suspend local rule 4.04(e) (jlh) (Entered: 01/12/1998)

MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support to extend time to 04/17/98 in which to file a motion for class certification (crb) (Entered: 01/14/1998)

MOTION by Patricia Winn Carter, Maxine M. Jones to strike [10−1] motion for leave to file reply memorandum in support of West's motion to dismiss or for summary judgment (smb) (Entered: 01/26/1998)

ORDER granting [15−1] stipulation, granting [13−1] motion to extend time to 04/17/98 in which to file a motion for class certification, rest motion filing deadline for 4/17/98 , and defendant shall file its responsive memorandum no later than 5/15/98 ( Signed by Judge Richard A. Lazzara ) ctc (smb) (Entered: 02/13/1998)

CASE MANAGEMENT REPORT. (jlh) (Entered: 02/18/1998)

ORDER denying without prejudice [8−1] motion to suspend local rule 4.04(e) ( Signed by Judge Richard A. Lazzara ) ctc (gkm) (Entered: 02/20/1998)

SCHEDULING ORDER and directing answers to standard interrogatories setting Pretrial conference for 10:00 9/14/98 ; Scheduled for Magistrate Judge Mark A. Pizzo Not later than fifteen (15) days prior to the conference, each plaintiff shall answer in writing the standard interrogatories, and shall serve the answers upon every other party, and file them with the Clerk of Court. Not later than five (5) days prior to the conference, each defendant shall answer in writing the standard interrogatories, and shall serve the answers upon every other party, and file them with the Clerk of Court. (signed by Judge Richard A. Lazzara ) ctc (smb) (Entered: 02/25/1998)

CERTIFICATE OF SERVICE of [19−1] Scheduling order by Patricia Winn Carter, Maxine M. Jones (rjc) (Entered: 03/11/1998)

MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support to extend time to file a motion for class certification ; exhibits attached. (smb) (Entered: 04/08/1998)

ENDORSED ORDER granting [21−1] motion to extend time to file a motion for class certification ( Signed by Judge Richard A. Lazzara ) ctc (smb) (Entered: 04/10/1998)

ORDER denying [10−1] motion for leave to file reply memorandum in support of West's motion to dismiss or for summary judgment granting [14−1] motion to strike and the reply memorandum is stricken from the record, denying [4−1] motion to dismiss, denying [4−2] motion for summary judgment, granting [7−1] opposition memorandum ( Signed by Judge Richard A. Lazzara ) ctc (smb) (Entered: 04/19/1998)

MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support for leave to conduct class communications ; exhibits attached. (smb) (Entered: 04/27/1998)

MOTION by West Publishing Co. to extend time to file response to complaint with support authority (smb) (Entered: 05/06/1998)

ENDORSED ORDER granting [24−1] motion to extend time to file response to complaint with support authority, reset answer due for 5/11/98 for West Publishing Co. ( Signed by Judge Richard A. Lazzara ) ctc (smb) (Entered: 05/08/1998)

RESPONSE by West Publishing Co. in opposition to [23−1] motion for leave to conduct class communications (smb) (Entered: 05/12/1998)

ANSWER and affirmative defenses to Complaint by West Publishing Co. (smb) (Entered: 05/12/1998)

MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support for leave to file reply to defendant's response in opposition to plaintiffs' renewed motion for leave to conduct class communications . Motion stricken and returned per order dated 7/31/98, document 53. (smb) Modified on 07/31/1998 (Entered: 05/26/1998)

MOTION (REQUEST) for oral argument by Patricia Winn Carter, Maxine M. Jones re: [23−1] motion for leave to conduct class communications (smb) (Entered: 05/26/1998)

RESPONSE by West Publishing Co. in opposition to [28−1] oral argument requested on plaintiff's renewed motion for leave to conduct class communications (smb) (Entered: 05/29/1998)

MOTION by West Publishing Co. for protective order referred to Magistrate Judge Elizabeth A. Jenkins; proposed order regarding confidentiality attached. (smb) (Entered: 06/03/1998)

Motion(s) referred: [31−1] motion for protective order referred to Magistrate Judge Mark A. Pizzo (mrh) (Entered: 06/05/1998)

NOTICE of serving order scheduling pretrial conference and directing answers to interrogatories by Patricia Winn Carter, Maxine M. Jones (src) (Entered: 06/08/1998)

ORDER granting [31−1] motion for protective order regarding confidentiality. ( Signed by Magistrate Judge Mark A. Pizzo ) ctc (smb) (Entered: 06/08/1998)

EMERGENCY SUPPLEMENTAL MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support to suspend Local Rule 4.04 (e) ; exhibits attached. (smb) Modified on 07/01/1998 (Entered: 07/01/1998)

NOTICE of proposed form of class contact by Patricia Winn Carter, Maxine M. Jones; proposed form attached. (smb) (Entered: 07/01/1998)

EMERGENCY MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support to invalidate releases and for other relief (smb) (Entered: 07/01/1998)

NOTICE to the Court regarding its opposition to plaintiffs' emergency motion to invalidate releases and for other relief, and plaintiffs' emergency supplemental motion to suspend Local Rule 4.04(e) by West Publishing Co. (smb) (Entered: 07/09/1998)

ORDER that plaintiffs' renewed motion for leave to conduct class communications and defendant's repsonse in opposition (documents 23 and 2); plaintiffs' motion for leave to file reply to defendant's response in opposition to plaintiffs' renewed motion for leave to conduct class communications and defendant's response in opposition (dcouments 27 and 29); plaintiffs' motion for oral argument on plaintiffs' renewed motion for leave to conduct class communication and defendant's response (documents 28 and 30); plaintiffs' emergency supplemental motion to suspend Local Rule 4.04(e), plaintiffs' emergency motion to invalidate releases and for other relief, and notice of proposed from of class contact ( documents 34,35, and 36) and a determination regarding the notice of filing documents under seal are referred to United States Magistrate Judge Pizzo for disposition. ( Signed by Judge Richard A. Lazzara ) ctc (smb) (Entered: 07/09/1998)

Motion(s) referred: [36−1] motion to invalidate releases and for other relief referred to Magistrate Judge Mark A. Pizzo, [34−1] motion to suspend Local Rule 4.04 (e) referred to Magistrate Judge Mark A. Pizzo, [27−1] motion for leave to file reply to defendant's response in opposition to plaintiffs' renewed motion for leave to conduct class communications referred to Magistrate Judge Mark A. Pizzo, [23−1] motion for leave to conduct class communications referred to Magistrate Judge Mark A. Pizzo Magistrate Judge Mark A. Pizzo (smb) (Entered: 07/09/1998)

MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support to take in excess of ten depositions referred to Magistrate Judge Mark A. Pizzo (smb) (Entered: 07/13/1998)

MEMORANDUM by West Publishing Co. in opposition to [34−1] motion to suspend Local Rule 4.04 (e), [36−1] motion to invalidate releases and for other

MOTION by Patricia Winn Carter, Maxine M. Jones for class certification (jlh) (Entered: 07/20/1998)

CONSENTED MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support for order pertaining briefing schedule for plaintiffs' motion for class certification (jlh) (Entered: 07/20/1998)

NOTICE of filing appendix A in support of plaintiff's motion for class certification by Patricia Winn Carter, Maxine M. Jones with attachments (jlh) (Entered: 07/20/1998)

NOTICE of filing appendix B in support of motion for class certification by Patricia Winn Carter, Maxine M. Jones with attachments (jlh) Modified on 07/20/1998 (Entered: 07/20/1998)

MOTION by Carter and Jones regarding filing under seal (smb) Modified on 08/24/1998 (Entered: 07/21/1998)

MEMORANDUM by Patricia Winn Carter, Maxine M. Jones in support of [42−1] motion for class certification. (Document 42A) (sak) (Entered: 02/25/1999)

MEMORANDUM by Patricia Winn Carter, Maxine M. Jones in support of [42−1] motion for class certification (smb) (Entered: 07/20/1998)

ENDORSED ORDER granting [43−1] motion for order pertaining briefing schedule for plaintiffs' motion for class certification ( Signed by Judge Richard A. Lazzara ) ctc (smb) (Entered: 07/23/1998)

ENDORSED ORDER granting [47−1] motion regarding filing under seal ( Signed by Judge Richard A. Lazzara ) ctc (smb) (Entered: 07/23/1998)

SEALED DOCUMENT. S− 1 (smb) (Entered: 07/23/1998)

SEALED DOCUMENT. S− 2 (smb) (Entered: 07/23/1998)

RESPONSE by West Publishing Co. to [39−1] motion to take in excess of ten depositions (smb) (Entered: 07/24/1998)

ORDER that the Clerk of Court is directed to return Plaintiffs' Notice of Filing Under Seal with Exhibits received 6/30/98. ( Signed by Magistrate Judge Mark A. Pizzo ) ctc (smb) (Entered: 07/27/1998)

MOTION by West Publishing Co. for leave to file supplement to response to emergency supplemental motion to suspend local rule 4/04 (e) and emergency motion to invalidate releases and for other relief referred to Magistrate Judge Mark A. Pizzo; exhibits attached. (smb) (Entered: 07/29/1998)

NOTICE of filing consents to join pursuant to 29 U.S.C. 216(b)by Patricia Winn Carter, Maxine M. Jones (smb) (Entered: 07/30/1998)

Motion(s) referred: [50−1] motion for leave to file supplement to response to emergency supplemental motion to suspend local rule 4/04 (e) and emergency motion to invalidate releases and for other relief referred to Magistrate Judge Mark A. Pizzo (smb) (Entered: 07/31/1998)

ORDER denying [39−1] motion to take in excess of ten depositions without prejudice to renew the motion at a subsequent time. ( Signed by Magistrate Judge Mark A. Pizzo ) ctc (smb) Modified on 07/31/1998 (Entered: 07/31/1998)

ORDER that the Court will take up the matters at a hearing on 8/14/98 at 10:00, Motion hearing set for 8/14/98 for [23−1] motion for leave to conduct class communications, set for 10:00 for [34−1] motion to suspend Local Rule 4.04 (e), set for 10:00 8/14/98 for [36−1] motion to invalidate releases and for other relief Scheduled for Magistrate Judge Mark A. Pizzo . This court strikes [27−1] plaintiffs' motion for leave to file reply to defendant's response in opposition to plaintiff's renewed motion for leave to conduct class certification and [29−1] defendant's response as these motions were filed in violation of Local Rule 3.01(b). The Clerk of Court is hereby directed to return the originals to counsel. ( Signed by Magistrate Judge Mark A. Pizzo ) ctc (smb) Modified on 08/12/1998 (Entered: 07/31/1998)

NOTICE of filing consents to join pursuant to 29 U.S.C. 216(b) of Patricia H. Grimaldi and Julie A. Reiter by Patricia Winn Carter, Maxine M. Jones (rjc) Modified on 08/04/1998 (Entered: 08/04/1998)

MEMORANDUM by West Publishing Co. in opposition to [41−1] motion for leave to file first amended class action complaint. Exhibits 1−9 attached. (rjc) (Entered: 08/04/1998)

AMENDED NOTICE of Hearing: Motion hearing set for 2:00 8/12/98 for [23−1] motion for leave to conduct class communications, for 2:00 8/12/98 for [34−1] motion to suspend Local Rule 4.04 (e) Scheduled for Magistrate Judge Mark A. Pizzo ctc (smb) (Entered: 08/05/1998)

MOTION by Patricia Winn Carter, Maxine M. Jones for leave to file documents under seal referred to Magistrate Judge Mark A. Pizzo (attachment) (src) Modified on 08/10/1998 (Entered: 08/10/1998)

RESPONSE by Patricia Winn Carter, Maxine M. Jones to [50−1] motion for leave to file supplement to response to emergency supplemental motion to suspend local rule 4/04 (e) and emergency motion to invalidate releases and for other relief (smb) (Entered: 08/12/1998)

DECLARATION of Charles G. Burr by Patricia Winn Carter, Maxine M. Jones Re: [58−1] motion response (smb) (Entered: 08/12/1998)

MOTION by Patricia Winn Carter, Maxine M. Jones to facilitate notice (smb) (Entered: 08/12/1998)

MEMORANDUM by Patricia Winn Carter, Maxine M. Jones in support of [60−1] motion to facilitate notice; exhibits attached. (smb) (Entered: 08/12/1998)

MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support to file documents under seal in support of plaintiffs' motion to facilitate notice referred to Magistrate Judge Mark A. Pizzo (smb) (Entered: 08/12/1998)

MINUTE ENTRY: Motion hearing for class communication held on 8/12/98 before Judge Mark A. Pizzo. Tape 60/0−1936 (smb) (Entered: 08/13/1998)

ORDER reserving ruling on [23−1] motion for leave to conduct class communications, [34−1] motion to suspend Local 4.04 (e), and [50−1] motion for leave to file supplement to response to emergency supplemental motion to suspend local rule 4/04 (e) and emergency motion to invalidate releases and for other relief, until such time as Defendant has had an opportunity to respond to Plaintiff's recently filed memoranda. Denying without prjudice [36−1] motion to invalidate releases and for other relief. Defendant is instructed, as agreed, to refrain from soliciting releases in the future from putative class members. Defendant is to immediately institute procedures, if it has not already done so, to ensure that solicitation of releases from putative class members will not occur in the future. ( by Magistrate Judge Mark A. Pizzo ) ctc (smb) (Entered: 08/14/1998)

NOTICE of filing supplemental authority in support of motion for class certification, by Patricia Winn Carter, Maxine M. Jones (attachments) (map) Modified on 08/17/1998 (Entered: 08/17/1998)

ENDORSED ORDER granting [62−1] motion to file documents under seal in support of plaintiffs' motion to facilitate notice ( Signed by Magistrate Judge Mark A. Pizzo ) ctc (smb) (Entered: 08/18/1998)

SEALED DOCUMENT. S− 3 (smb) (Entered: 08/18/1998)

NOTICE of filing corrected supplemental authority in support of plaintiffs' motion for class certification by Patricia Winn Carter, Maxine M. Jones; exhibits attached. (smb) Modified on 08/24/1998 (Entered: 08/20/1998)

RENEWED MOTION by West Publishing Co. for partial summary judgment (smb) (Entered: 08/21/1998)

MEMORANDUM by West Publishing Co. in support of [67−1] motion for partial summary judgment; exhibits A − I attached. Filed under separate cover. (smb) Modified on 08/26/1998 (Entered: 08/21/1998)

TRANSCRIPT OF PROCEEDINGS on motion hearing regarding class communications for date of 8/12/98 before Judge Mark A. Pizzo. Transcript filed separately. (smb) (Entered: 08/28/1998)

JOINT MOTION by Patricia Winn Carter, Maxine M. Jones to withdraw [60−1] motion to facilitate notice and request to enter order (src) Modified on 08/31/1998 (Entered: 08/31/1998)

STIPULATION regarding the tolling of equal pay act claims by plaintiff Patricia Winn Carter, plaintiff Maxine M. Jones, defendant West Publishing Co. (proposed order) (src) (Entered: 08/31/1998)

JOINT NOTICE of resolution of class communication issues and REQUEST for ruling and oral argument by Patricia Winn Carter, Maxine M. Jones, West Publishing Co. (src) (Entered: 08/31/1998)

STIPULATION and proposed order regarding class communications by plaintiff Patricia Winn Carter, plaintiff Maxine M. Jones, defendant West Publishing Co. . (src) (Entered: 08/31/1998)

CONSENTED MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support to extend time to respond to defendant's renewed motion for partial summary judgment (smb) Modified on 09/02/1998 (Entered: 09/01/1998)

ENDORSED ORDER granting [74−1] motion to extend time to respond to defendant's renewed motion for partial summary judgment, Response to motion reset to 9/21/98 for [67−1] motion for partial summary judgment ( Signed by Judge Richard A. Lazzara ) ctc (smb) (Entered: 09/02/1998)

MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support for leave to file second amended class action complaint ; second amended complaint attached. (smb) (Entered: 09/03/1998)

NOTICE of filing consents to join by Patricia Winn Carter, Maxine M. Jones; exhibits attached. (smb) (Entered: 09/03/1998)

MOTION by Patricia Winn Carter, Maxine M. Jones with memorandum in support for ruling regarding two remaining issues regarding class communications referred to Magistrate Judge Mark A. Pizzo; exhibits attached. (smb) (Entered: 09/03/1998)

MOTION by West Publishing Co. for request for ruling on class communications issues with supporting authority referred to Magistrate Judge Mark A. Pizzo; exhibits attached. (smb) (Entered: 09/03/1998)

NOTICE of filing proposed order regarding class communications by West Publishing Co.; proposed order attached. (smb) (Entered: 09/03/1998)

Motion(s) referred: [70−1] motion to withdraw [60−1] motion to facilitate notice referred to Magistrate Judge Mark A. Pizzo, [70−2] motion request to enter order referred to Magistrate Judge Mark A. Pizzo Magistrate Judge Mark A. Pizzo (smb) (Entered: 09/08/1998)

MEMORANDUM by West Publishing Co. in opposition to [42−1] motion for class certification; exhibits attached. Filed under separate cover. (smb) Modified on 09/08/1998 (Entered: 09/08/1998)

APPLICATION of Non−Resident Counsel and Designation of Local Counsel as to West Publishing Co. . Local Counsel: Thomas C. Garwood, Jr. Non−Resident Counsel: Arthur R. Miller. (smb) (Entered: 09/10/1998)

AMENDED NOTICE of Hearing: reset preliminary pretrial conference for 9:30 10/26/98 Scheduled for Magistrate Judge Mark A. Pizzo ctc (smb) (Entered: 09/14/1998)

MEMORANDUM by West Publishing Co. in opposition to [75−1] motion for leave to file second amended class action complaint; exhibit attached. (smb) (Entered: 09/17/1998)

NOTICE of filing statement of disputed material facts in opposition to defendant's renewed motion for partial summary judgment by Patricia Winn Carter, Maxine M. Jones (src) (Entered: 09/21/1998)

RESPONSE (Statement) by Patricia Winn Carter, Maxine M. Jones of disputed material facts in opposition to [67−1] renewed motion for partial summary judgment; Exhibit A (src) (Entered: 09/21/1998)