Case: Gaspar v. Linvatec Corp.

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Paul William Mollica, Thomas R. Meites, H. Candace Gorman as attorney(s) for plaintiff with Rule 39 affidavits ( no summons(es) issued.) ( Documents: 1−1 through 1−6) (fce) (Entered: 06/20/1995)

RECEIPT regarding payment of filing fee paid; on 6/19/95 in the amount of $ 120.00, receipt # 456621. (fce) (Entered: 06/20/1995)

SIX ORIGINAL SUMMONS and six copies issued as to defendants (fce) (Entered: 06/28/1995)

RETURN OF SERVICE executed upon defendant Bristol−Myers Squibb on 7/3/95 (fce) (Entered: 07/07/1995)

RETURN OF SERVICE executed upon defendant Bristol−Myers Squibb on 7/3/95 (fce) (Entered: 07/07/1995)

RETURN OF SERVICE executed upon defendant Bristol−Myers Squib on 7/3/95 (fce) (Entered: 07/07/1995)

RETURN OF SERVICE executed upon defendant Bristol−Myers on 7/3/95 (fce) (Entered: 07/07/1995)

RETURN OF SERVICE executed upon defendant Linvatec Corp on 7/3/95 (fce) (Entered: 07/11/1995)

ATTORNEY APPEARANCE for defendants by Edward C. Jepson Jr., Michael Warren Sculnick, Thomas G. Hancuch and Ann Margaret Schlaffman (fce) (Entered: 07/14/1995)

RULE 39 Affidavit of Edward C. Jepson Jr. (fce) (Entered: 07/14/1995)

RULE 39 Affidavit of Michael Warren Sculnick (fce) (Entered: 07/14/1995)

RULE 39 Affidavit of Thomas G. Hancuch (fce) (Entered: 07/14/1995)

RULE 39 Affidavit of Ann Margaret Schlaffman (fce) (Entered: 07/14/1995)

MOTION by defendants Linvatec Corp, Bristol−Myers Squibb, Bristol−Myers Squibb, Bristol−Myers Squib, Bristol−Myers for enlargement of time to answer or otherwise plead ; Notice of motion. (smm) (Entered: 07/20/1995)

MINUTE ORDER of 7/19/95 by Hon. James H. Alesia : Status hearing set for 8/14/95 at 9:30 a.m. Defendants' motion for enlargement of time to 8/11/95 to answer or otherwise plead is granted [12−1]. Mailed notice. (smm) (Entered: 07/20/1995)

SCHEDULE set on 8/4/95 by Hon. James H. Alesia : Status hearing reset to 9:30 8/18/95 . Mailed notice (clw) (Entered: 08/04/1995)

MOTION by plaintiff Larry Gaspar to amend the class complaint (Attachment); Notice of motion. (smm) (Entered: 08/22/1995)

MOTION by plaintiff Larry Gaspar for a schedule on discovery and , briefing of class certification ; Notice of motion. (smm) (Entered: 08/22/1995)

AMENDED NOTICE of motion by plaintiff Larry Gaspar regarding motion for a schedule on discovery and [16−1], regarding motion briefing of class certification [16−2] (smm) (Entered: 08/22/1995)

MINUTE ORDER of 8/18/95 by Hon. James H. Alesia : Status hearing held. Plaintiff's motion to amend the class complaint is granted [15−1]; all defendants are given to 9/1/95 to answer or otherwise plead. Plaintiff's motion for a schedule on discovery and [16−1], briefing of class certification is granted [16−2]. Discovery cut−off on class certification only is 10/16/95. Plaintiff's motion class certification due 11/6/95 at 9:30 a.m. in open court. No extensions will be granted. Mailed notice. (smm) (Entered: 08/22/1995)

AMENDED class action and individual COMPLAINT [1−1] by plaintiff Larry Gaspar; jury demand (smm) (Entered: 08/22/1995)

ANSWER and defenses to amended complaint by defendants Linvatec Corp, Bristol−Myers Squibb, Bristol−Myers Squibb, Bristol−Myers Squib, Bristol−Myers; jury demand (smm) (Entered: 09/05/1995)

AFFIDAVIT of H. Candace Gorman (smm) (Entered: 11/07/1995)

AFFIDAVIT of Paul W. Mollica (smm) (Entered: 11/07/1995)

AFFIDAVIT of Larry Gaspar (Attachment). (smm) (Entered: 11/07/1995)

MEMORANDUM by plaintiff Larry Gaspar in support of motion to certify a class and for leave to give notice (Attachments). (smm) (Entered: 11/06/1995)

AFFIDAVIT of Candace Gorman (smm) (Entered: 11/06/1995)

AFFIDAVIT of Paul W. Mollica (Attachment). (smm) (Entered: 11/06/1995)

AFFIDAVIT of Larry Gaspar (Attachment). (smm) Modified on 11/06/1995 (Entered: 11/06/1995)

MOTION by plaintiff Larry Gaspar to certify a class action and , for leave to issue notice ; Notice of motion. (smm) (Entered: 11/07/1995)

MEMORANDUM by plaintiff Larry Gaspar in support of motion to certify a class action and [25−1], leave to issue notice [25−2] (Attachments). (smm) (Entered: 11/07/1995)

MINUTE ORDER of 11/6/95 by Hon. James H. Alesia : Plaintiff's motion to certify a class action and [25−1] for leave to issue notice [25−2]. Answer brief to motion due 11/27/95. Reply to answer brief due 12/11/95. Mailed notice. (smm) (Entered: 11/07/1995)

MEMORANDUM by defendant in opposition to motion to certify a class action and [25−1], for leave to give notice [25−2] (Attachments). (smm) (Entered: 11/29/1995)

AFFIDAVIT of Rhonda L. Gold (Exhibits). (smm) (Entered: 11/29/1995)

REPLY memorandum by plaintiff Larry Gaspar in support of motion to certify a class action and [25−1], for leave to give notice [25−2] (Attachments). (smm) (Entered: 12/05/1995)

MOTION by defendant for leave to file surreply memorandum in opposition to motion for class certification ; Notice of motion. (smm) (Entered: 12/22/1995)

SCHEDULE set on 1/17/96 by Hon. James H. Alesia : Status hearing held. No notice (clw) (Entered: 01/17/1996)

SCHEDULE set on 5/16/96 by Hon. James H. Alesia : Pretrial order is reset to 9:30 6/17/96 . Mailed notice (clw) (Entered: 05/16/1996)

MEMORANDUM, OPINION, AND ORDER (fce) (Entered: 05/23/1996)

MINUTE ORDER of 5/23/96 by Hon. James H. Alesia : Enter memorandum opinion and order. The court grants plaintiff Larry Gaspar's motion to certify a class action and [25−1] and for leave to issue notice [25−2] Mailed notice (fce) (Entered: 05/23/1996)

MOTION by defendants to amend class notice (Exhibit); Notice of filing (eav) (Entered: 06/04/1996)

JOINT MOTION by parties to set a briefing schedule for summary judgment and postpone joint pretrial order ; Notice of motion (eav) (Entered: 06/18/1996)

MINUTE ORDER of 6/17/96 by Hon. James H. Alesia : Parties' joint motion to set a briefing schedule for summary judgment and [39−1], postpone joint pretrial order [39−2] is denied. Date for submission of the final pretrial order in open court is reset to 07/15/96 at 9:30 a.m. This is a final date. Mailed notice (eav) (Entered: 06/18/1996)

NOTICE of motion by defendants regarding motion to amend class notice [38−1] (eav) (Entered: 06/19/1996)

MINUTE ORDER of 6/18/96 by Hon. James H. Alesia : Defendants' [38−1] motion to amend class notice is continued to 07/09/96 at 9:30 a.m. Date for submission of the final pretrial order in open court is reset to 07/31/96 at 9:30 a.m. Mailed notice (eav) (Entered: 06/19/1996)

RESPONSE by plaintiff to Linvatec's motion to amend class notice [38−1] (Exhibits) (eav) (Entered: 06/24/1996)

MINUTE ORDER of 6/26/96 by Hon. James H. Alesia : The court grants defendants' motion to amend the class notice to the extent that plaintiff should amend the notice in accordance with this court's findings set forth on the reverse of this order. [38−1] Telephoned notice (eav) (Entered: 06/28/1996)

SCHEDULE set on 6/26/96 by Hon. James H. Alesia : Motion to amend class notice hearing is stricken. No notice (clw) (Entered: 07/01/1996)

MOTION by defendants for summary judgment ; Notice of motion (Temporarily unavailable for docketing) (eav) (Entered: 07/25/1996)

MEMORANDUM by defendants of law in support of motion for summary judgment [47−1] (Temporarily unavailable for docketing) (eav) (Entered: 07/25/1996)

STATEMENT of undisputed material facts pursuant to General Rule 12(m) by defendants (Attachments) (Temporarily unavailable for docketing) (eav) (Entered: 07/25/1996)

ATTACHMENT by defendants to statement of undisputed material facts pursuant to General Rule 12(m) (Exhibitis) (Temporarily unavailable for docketing) (eav) (Entered: 07/25/1996)

LETTER from Mollica to Mr. Cunningham dated 07/22/96 (eav) (Entered: 07/23/1996)

NOTICE by plaintiff's attorney Paul W. Mollica of change of address (eav) (Entered: 07/23/1996)

MOTION by plaintiffs for partial summary judgment ; Notice of motion (eav) (Entered: 08/13/1996)

BRIEF IN RESPONSE by plaintiff to defendants' motion for summary judgment and [47−1] in support of plaintiff class's cross−motion for partial summary judgment [52−1] (eav) (Entered: 08/13/1996)

RESPONSE by plaintiff to defendants' Rule 12(M) statement and with, plaintiffs' Rule 12(N) (eav) (Entered: 08/13/1996)

RULE 12(N) Statement by plaintiff, with RESPONSE (eav) (Entered: 08/13/1996)

RULE 12(M) Statement by plaintiff (eav) (Entered: 08/13/1996)

APPENDIX to plaintiffs Local Rule 12(m) statement [55−1] (eav) (Entered: 08/13/1996)

MOTION by defendants for extension of time for filing response/reply memorandum ; Notice of motion (eav) (Entered: 08/13/1996)

MINUTE ORDER of 8/12/96 by Hon. James H. Alesia : Defendants motion for extension of time for filing response/reply memorandum is granted; [57−1] defendant's reply to its motion for summary judgment [47−1] is extended to 09/04/96. Mailed notice (eav) (Entered: 08/13/1996)

FINAL JOINT PRE−TRIAL ORDER (Attachments) (eav) (Entered: 08/13/1996)

MINUTE ORDER of 8/12/96 by Hon. James H. Alesia : Plaintiffs' motion for partial summary judgment. Answer brief to motion due 09/04/96. [52−1] Reply to answer brief due 09/11/96. Enter final joint pretrial order. Mailed notice (eav) (Entered: 08/13/1996)

LETTER from Joseph J. Trinka to Sir dated 08/27/96 (eav) (Entered: 09/05/1996)

REPLY by defendants memorandum in support of motion for summary judgment [49−1], with response (eav) (Entered: 09/05/1996)

RESPONSE by defendants to plaintiffs' cross−motion, with reply memorandum (eav) (Entered: 09/05/1996)

LOCAL RULE 12(n) RESPONSE by defendants to plaintiffs' Local Rule 12(m) statement (eav) (Entered: 09/05/1996)

RESPONSE by defendants to plaintiffs' statement of facts pursuant to Rule 12(n) (Attachments) (eav) (Entered: 09/05/1996)

REPLY by plaintiff in support of its cross−motion for summary judgment (Attachments); Notice of filing (eav) (Entered: 09/12/1996)

LETTER from James A. Piper to Clerk dated 09/09/96 (eav) (Entered: 09/20/1996)

STATEMENT by plaintiff concerning opt−outs (Attachments) (ar) (Entered: 11/04/1996)

MEMORANDUM, OPINION, AND ORDER (eav) (Entered: 02/10/1997)

MINUTE ORDER of 2/7/97 by Hon. James H. Alesia : Enter memorandum opinion and order. The court grants defendants' motion for summary judgment; [47−1] denies plaintiffs' motion for partial summary judgment; and [52−1] enters judgment in favor of defendants and against plaintiffs on all counts. Case closed. terminating case Mailed notice (eav) (Entered: 02/10/1997)

ENTERED JUDGMENT (eav) (Entered: 02/10/1997)

NOTICE OF APPEAL by plaintiff from motion minute order [69−2], from order [68−1], from judgment entered [70−1] ( $105.00 PAID); Notice of

TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (fce) (Entered: 03/06/1997)

MEMORANDUM by defendants in support of defendants' bill of costs (Attachment) (fce) (Entered: 03/10/1997)

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 97−1502 (Attachment) (ar) (Entered: 03/13/1997)

SEVENTH CIRCUIT transcript information sheet by plaintiff (eav) (Entered: 03/13/1997)

TRANSMITTED to the 7th Circuit the long record on appeal no. 97−1502 consisting of one volume of pleadings, five volumes of loose pleadings (Item Nos. 32, 50, 51, 56 &60/59) and certificates. Mailed notice to all counsel. (fce) (Entered: 03/19/1997)

MINUTE ORDER of 3/26/97 by Hon. James H. Alesia : The Clerk is directed to file defendants' Bill of Costs taxing costs in the sum of $1,919.00. Mailed notice (eav) (Entered: 03/27/1997)

BILL OF COSTS submitted (eav) (Entered: 03/27/1997)

COSTS taxed for defendants in the amount of $1,919.00 against plaintiff (Attachments) (eav) (Entered: 03/27/1997)

MOTION by plaintiff for Rule 60(b) relief from judgment and for entry of order preliminarily approving settlement agreement and ordering notice of proposed class action settlement ; Notice of motion (hp) (Entered: 05/06/1998)

SETTLEMENT AGREEMENT by parties (Exhibits) (hp) (Entered: 05/06/1998)

REFERRAL ORDER of 05/06/98: Case referred to Hon. Edward A. Bobrick. To conduct hearings and enter appropriate orders on the following pretrial motion/matter: Conduct necessary proceedings and issue report and recommendation on dispositive motion specified below (e.g., motion for injunction, for Social Security review, for class certification, to set aside judgment). Exceptions or additions: Plaintiff's motion for Rule 60(b) relief from judgment and for entry of order preliminarily approving settlement agreement and ordering notice of proposed class action settlement, and conduct the Fairness Hearing. (For further detail see order.) Mailed notice (hp) (Entered: 05/08/1998)

SCHEDULE set on 5/27/98 by Hon. Edward A. Bobrick : Status hearing set before Magistrate Judge Bobrick in Courtroom 1812 for 10:00 6/8/98 . Mailed notice (tmh) (Entered: 05/27/1998)

ORDER regarding motion for entry of order preliminarily approving settlement agreement [78−2] ordering notice of proposed class action settlement [78−3] (Attachment) (hp) (Entered: 06/10/1998)

MINUTE ORDER of 6/8/98 by Hon. Edward A. Bobrick : Status hearing held. Plaintiff's Rule 60(b) motion for relief from judgment is entered and continued. [78−1] Plaintiff's motion for entry of order preliminarily approving settlement agreement is granted. [78−2] [78−3] Enter order. Fairness hearing set for 08/10/98 at 2:00 p.m. Mailed notice (hp) (Entered: 06/10/1998)

SCHEDULE set on 8/10/98 by Hon. Edward A. Bobrick : Status hearing/Fairness hearing held. Detailed Order to Follow. Mailed notice (tmh) (Entered: 08/10/1998)

REPORT AND RECOMMENDATION of Magistrate Judge Edward A. Bobrick concerning motion for Rule 60(b) relief from judgment [78−1] (hp) (Entered: 09/08/1998)

MINUTE ORDER of 9/8/98 by Hon. James H. Alesia : The parties are hereby advised that the court is inclined to grant the relief sought in plaintiffs' Rule 60(b) motion. [78−1] See Cir. Ct. R. 57. Mailed notice (hp) (Entered: 09/09/1998)

COPY of Order dated 09/21/98 from the 7th Circuit. It is ordered that the motin is granted. In light of the district court's indication that it is inclined to grant relief pursuant to Fed. R. Civ. P. 60(b), this appeal is remanded pursuant to Circuit Rule 57. The parties are reminded that "[a]ny party dissatisfied with the judgment as modified must file a fresh notice of appeal." Cir. R. 37. ?The mandate shall issue forthwith. (97−1502). (For further detail see order.) (hp) (Entered: 09/24/1998)

LETTER from the 7th Circuit returning the record on appeal no. 97−1502 consisting of 1 vol. pleadings &5 loose pleadings. (tlm) (Entered: 10/15/1998)

CERTIFIED COPY of order from the 97−1502 Circuit: Upon consideration fotheunopposed motino for remand, filed on 09/15/98, by counsel for appellant, It is ordered that the motion is granted. In light of the district court's indication that it is inclined to grant relief pursuant to Fed. R. Civ.P. 60(b), this appeal is Remanded pursuant to Curcuit Rule 57. The parties are reminded that "[a]ny party dissatified with the judgment as modified must file a fresh notice of appeal". Cir. R. 57. The mandate shall issue forthwith. [Appeal [71−1] . ( 97−1502) (tlm) (Entered: 10/15/1998)

MINUTE ORDER of 10/20/98 by Hon. James H. Alesia : For the reasons set forth on the reverse side of this order, the couret adopts in its entirety the report and recommendation of Magistrate Judge Edward Bobrick dated 09/03/98. Accordingly, the court (1) grants plaintiff's motion for relief from the judgment pursuant to Federal Rule of Civil Procedure 60(b) [78−1] and (2) finds that the proposed class settlement if fair, reasonable, and adequate and, thus approves its terms. This case is dismissed with prejudice. (See reverse of minute order.) Mailed notice (hp) (Entered: 10/21/1998)

UNOPPOSED PETITION by plaintiff for attorneys' fees (Exhibits); Notice of motion (hp) (Entered: 12/16/1998)

MINUTE ORDER of 12/15/98 by Hon. James H. Alesia : Plaintiff's unopposed petition for attorneys' fees is granted; [90−1] plaintiff is awarded attorneys' fees in the amount of $11,000.00. Mailed notice (hp) (Entered: 12/16/1998)