Case: Holden v. Burlington Northern, Inc.

Holden v. Burlington Northern

MOTION of Burlington Northern to overrule appeal of claimaint Verna E. Cutting (to Judge Rosenbaum) ret. 8/3/90 at 10:00 a.m. (PJS) Modified on 07/27/1990 (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of Eileen K. Thomas (to Judge Rosenbaum) ret. 8/3/90 at 10:00 a.m. (PJS) Modified on 07/27/1990 (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimaint Robin R. Anderson (to Judge Rosenbaum) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of Kathleen J. Lowe (to Judge Rosenbaum) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of Carol J. Veasaw (to Judge Rosenbaum) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of Sofia G. Tamez (to Judge Rosenbaum) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of Denise L. Ross (to Judge Rosenbaum) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimaint Sally A. Nichols (to Judge Rosenbaum) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimaint Elaine M. Lundberg (to Judge Rosenbaum) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimaint Maxine L. Laschanzky ( to Judge James M. Rosenbaum ) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimant Judith E. Jordan ( to Judge James M. Rosenbaum ) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimant Barbara A. Farnham (to Judge James M. Rosenbaum ) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimant of Shirley F. Davis (to Judge James M. Rosenbaum) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimant Susan R. Berg (to Judge James M. Rosenbaum ) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimant Rebecca Joan Luck ( to Judge James M. Rosenbaum ) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimant Linda Mozelle McNeely ( to Judge James M. Rosenbaum ) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimant Kelli L. Tutor ( to Judge James M. Rosenbaum ) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

MOTION by Burlington Northern to overrule appeal of claimant Cindy Suzanne Goodwin ( to Judge James M. Rosenbaum ) ret. 8/3/90 at 10:00 a.m. (PJS) (Entered: 07/27/1990)

This closed case has been entered into computer for the purpose of docketing. As of this date, only the first listed plaintiff and defendant are entered. No attorneys are in the system. (PJS)

AFFIDAVIT of Lesli J. Bruden regarding motion to overrule appeal of Eileen K. Thomas (to Judge Rosenbaum) [1031-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of David G. Seykora regarding motion to overrule appeal of Sofia G. Tamez (to Judge Rosenbaum) [1035-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of Lesli J. Bruden regarding motion to overrule appeal of Denise L. Ross (to Judge Rosenbaum) [1036-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of Lesli J. Bruden regarding motion to overrule appeal of claimaint Sally A. Nichols (to Judge Rosenbaum) [1037-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of David G. Seykora regarding motion to overrule appeal of claimaint Elaine M. Lundberg (to Judge Rosenbaum) [1038-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of David G. Seykora regarding motion to overrule appeal of claimaint Maxine L. Laschanzky ( to Judge James M. Rosenbaum ) [1039-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of David G. Seykora regarding motion to overrule appeal of claimant Judith E. Jordan ( to Judge James M. Rosenbaum ) [1040-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of David G. Seykora regarding motion to overrule appeal of claimant Barbara A. Farnham (to Judge James M. Rosenbaum ) [1041-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of Lesli J. Bruden regarding motion to overrule appeal of claimant of Shirley F. Davis (to Judge James M. Rosenbaum) [1042-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of Lesli J. Bruden regarding motion to overrule appeal of claimaint Verna E. Cutting (to Judge Rosenbaum) [1030-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of Lesli J. Bruden regarding motion to overrule appeal of claimant Susan R. Berg (to Judge James M. Rosenbaum ) [1043-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of David G. Seykora regarding motion to overrule appeal of claimaint Robin R. Anderson (to Judge Rosenbaum) [1032-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of Leslie J. Bruden regarding motion to overrule appeal of claimaint Robin R. Anderson (to Judge Rosenbaum) [1032-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of Leslie J. Bruden regarding motion to overrule appeal of Carol J. Veasaw (to Judge Rosenbaum) [1034-1] (PJS) (Entered: 07/27/1990)

AFFIDAVIT of David G. Seykora regarding motion to overrule appeal of Kathleen J. Lowe (to Judge Rosenbaum) [1033-1] (PJS) (Entered: 07/27/1990)

STIPULATION re offer of employment to claimant Carol L. Engen. (PJS) (Entered: 08/07/1990)

ORDER ( Judge James M. Rosenbaum / 8/7/90) re Offer of Employment to Brakeman Claimant Carol Linnea Engen. [1063-1] (copies mailed by chambers only) (PJS) (Entered: 08/07/1990)

MOTION by defendant to overrule appeal of claimant Patricia NcNaghten (to Judge Rosenbaum) ret. 9/13/90 (PJS) (Entered: 08/20/1990)

ORDER ( Judge James M. Rosenbaum / 9/13/90) that the appeals of Robin Anderson, Sofia Tamez, Judith Jordan, Sally Nichols, Susan Berg, Elaine Lundberg, Shirley Davis, Eileen Thomas, Kathleen Lowe, Cindy Goodwin and Linda McNeely are denied. The appeals of Maxine Laschanzky, Verna Cutting, Barbara Farnham, Denise Ross, Carol Veasaw, Kelli L. Tutor, Rebecca Luck, and Patricia McNaghten are held over at this time. Counsel shall report to the Court by 10/1/90. The Court shall rule on or about 10/10/90. (cc: counsel) (PJS) (Entered: 09/17/1990)

ORDER RE: BRAKEMAN CLAIMANT LINDA MOZELLE McNEELY ( Judge James M. Rosenbaum / 9/13/90) Appeal concerning retroactive seniority and the location of her offer is denied. (cc: all counsel) (PJS) (Entered: 09/17/1990)

ORDER RE: BRAKEMAN CLAIMANT CINDY SUZANNE GOODWIN ( Judge James M. Rosenbaum / 9/13/90) The appeals are denied. (cc: all counsel) (PJS) (Entered: 09/17/1990)

ORDER RE: LABORER CLAIMANT SOFIA G. TAMEZ ( Judge James M. Rosenbaum / 9/13/90) The appeals are denied. (cc: all counsel) (PJS) (Entered: 09/17/1990)

ORDER RE: LABORER CLAIMANT JUDITH E. JORDAN ( Judge James M. Rosenbaum / 9/13/90) The appeal are denied. (cc: all counsel) (PJS) (Entered: 09/17/1990)

ORDER RE: LABORER CLAIMANT SALLY A NICHOLS ( Judge James M. Rosenbaum / 9/13/90) The appealsaare denied. (cc: all counsel) (PJS) (Entered: 09/17/1990)

ORDER RE: LABORER CLAIMANT SUSAN R. BERG ( Judge James M. Rosenbaum / 9/13/90) The appeal is denied. (cc: all counsel) (PJS) (Entered: 09/17/1990)

ORDER RE: LABORER CLAIMANT ELAINE M. LUNDBERG ( Judge James M. Rosenbaum / 9/13/90) The appeal is denied. (cc: all counsel) (PJS) (Entered: 09/17/1990)

ORDER RE: LABORER CLAIMANT SHIRLEY F. DAVIS( Judge James M. Rosenbaum / 9/13/90) The appeals are denied. (cc: all counsel) (PJS) (Entered: 09/17/1990)

ORDER RE: LABORER CLAIMANT EILEEN K. THOMAS ( Judge James M. Rosenbaum / 9/13/90) The appeals are denied. (cc: all counsel) (PJS) (Entered: 09/17/1990)

ORDER RE: CARMAN APPRENTICE CLAIMANT KATHLEEN J. LOWE ( Judge James M. Rosenbaum / 9/13/90) The appeal is denied. (cc: all counsel) (PJS) (Entered: 09/17/1990)

ORDER RE: LABORER CLAIMANT ROBIN R. ANDERSON ( Judge James M. Rosenbaum / 9/13/90) The appeals are denied. (cc: all counsel) (PJS) (Entered: 09/17/1990)

SECOND AFFIDAVIT of R. N. Odell re Brakeman Claimant Patricia McNaghten (PJS) (Entered: 10/01/1990)

STIPULATION AND ORDER re cash settlement with claimant Rufus Henry ( Judge James M. Rosenbaum, 10/5/90 ) (cc: Sprenger, Openheimer & Burlington) (PJS) (Entered: 10/09/1990)

SUPPLEMENTAL AFFIDAVIT of Patricia McNaghten (PJS) (Entered: 10/15/1990)

ORDER ( Judge James M. Rosenbaum / 11/2/90) that: 1. A ruling on the appeals of laborers Maxine Laschanzky, Barbara Farnham, and Denise Ross is deferred for 30 days from the date of this order to permit the parties to explore settlement. 2. A ruling on the appeal of apprentice Carol Veasaw is deferred for 30 days from the date of this order to permit the parties to explore settlement. 3. The appeal of brakeman Kelli L. Tutor is held over. The parties shall schedule a hearing at a mutually convenient time. 4. In the appeal of brakeman Patricia McNaghten, retroactive seniority to December 16, 1988, shall be awarded. 5. The appeal of laborer Verna Cutting is denied. 6. In the appeal of brakeman Rebecca Luck, retroactive seniority to July 28, 1977, shall be awarded. (c: attys.) (JMR) (Entered: 11/05/1990)

NOTICE to civil docket clerk re: termination of motion on pending motion report (JMR)

PARTIAL TRANSCRIPT of proceedings taken before JMR by DMB on 4/21/88 (separate) (JMR) (Entered: 11/28/1990)

TRANSCRIPT OF motion proceedings taken before JMR by DMB on 9/13/90 (separate) (JMR) (Entered: 11/28/1990)

MOTION by defendant Burlington Northern to overrule the appeal of claimant Barbara A. Farnham and confirm that claimant has accepted an offer to be a mechanical laborer (before Judge Rosenbaum), hrg 1/11/91 at 9:45 (7 pgs) (SJH) (Entered: 12/26/1990)

AFFIDAVIT of Betty L. Reinert regarding dft's motion to overrule the appeal of claimant Barbara A. Farnham and confirm that claimant has accepted an offer to be a mechanical laborer [1084-1] (Exhibits 2 through 5 are confidential and sealed per Order dated 1/11/91) (8 pgs) (SJH) Modified on 01/23/1991 (Entered: 12/26/1990)

MOTION by defendant Burlington Northern to overrule the appeal of claimant Kkelli L. Tutor and confirm that claimant accepted employment as a brakeman (before Judge Rosenbaum), hrg 1/11/91 at 9:45 (5 pgs) (SJH) (Entered: 12/26/1990)

AFFIDAVIT of Betty L. Reinert regarding dft's motion to overrule the appeal of claimant Kelli L. Tutor and confirm that claimant accepted employment as a brakeman [1086-1] (Exhibits 2 through 20 are confidential and sealed per Order dated 1/11/91) (60 pgs) (SJH) Modified on 01/23/1991 (Entered: 12/26/1990)

STIPULATION AND ORDER (Judge James M. Rosenbaum/1-11-91) Re: laborer claimant Barbara A. Farnham and offer of employment. Defendant Burlington Northern has no further obligations to claimant with respect to her offer to be employed as a laborer. (c: attys.) (JMR) Modified on 01/17/1991 (Entered: 01/16/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum/1-11-91) Re: confidentiality of employee records attached to affidavits of Betty L. Reinert (c: attys.) (JMR) Modified on 01/17/1991 (Entered: 01/16/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum/1-11-91) Re: disposition of accrued interest under the Holden Settlement Agreement (c: attys.) (JMR) (Entered: 01/16/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: job claims portion of the Holden settlement agreement (c: attys.) (JMR) (Entered: 01/16/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: claimant Maxine L. Laschanzky and cash settlement in the amount of $2000.00. Defendant Burlington Northern has no further obligations to claimant with respect to her offer to be employed as an apprentice. (c: attys.) (JMR) Modified on 01/17/1991 (Entered: 01/16/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: apprentice claimant Clara Covington and cash settlement in the amount of $2000.00. Defendant Burlington Northern has no further obligations to claimant with respect to her offer to be employed as an appprentice. (c: attys.) (JMR) Modified on 01/17/1991 (Entered: 01/16/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: apprentice claimant Pamela R. Rich and cash settlement in the amount of $2000.00. Defendant Burlington Northern has no further obligations to claimant with respect to her offer to be employed as an apprentice. (c: attys.) (JMR) Modified on 01/17/1991 (Entered: 01/17/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: apprentice claimant Ruby N. B. Cook and cash settlement in the amount of $2000.00. Defendant Burlington Northern has no further obligations to claimant with respect to her offer to be employed as an apprentice. (c: attys.) (JMR) Modified on 01/17/1991 (Entered: 01/17/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: apprentice claimant Jean Ann Voter and cash settlement in the amount of $2000.00. Defendant Burlington Northern has no further obligations to claimant with resect to her offer to be employed as an apprentice. (c: attys.) (JMR) (Entered: 01/17/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: apprentice claimant Maxine Jones and cash settlement in the amount of $2000.00. Defendant Burlington Northern has no further obligations to claimant with respect to her offer to be employed as an apprentice. (c: attys.) (JMR) (Entered: 01/17/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: apprentice claimant Lenora D. Eddings and cash settlement in the amount of $2000.00. Defendant Burlington Northern has no further obligations to claimant with respect to her offer to be employed as an apprentice. (c: attys.) (JMR) Modified on 01/17/1991 (Entered: 01/17/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: apprentice claimant Betty Jo Dickson and cash settlement in the amount of $2000.00. Defendant Burlington Northern has no further obligations to claimant with respect to her offer to be employed as an apprentice. (c: attys.) (JMR) Modified on 01/17/1991 (Entered: 01/17/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: apprentice claimant Olivia I. Hammons and cash settlement in the amount of $2000.00. Defendant Burlington Northern has no further obligations to claimant with respect to her offer to be employed as an apprentice. (c: attys.) (JMR) (Entered: 01/17/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: claimant Carol J. Veasaw and cash settlement in the amount of $2000.00. Defendant Burlington Northern has no further obligations to claimant with respect to her offer to be employed as an apprentice. (c: attys.) (JMR) (Entered: 01/17/1991)

STIPULATION AND ORDER (Judge James M. Rosenbaum) (1/11/91) Re: claimant Denise L. Ross and cash settlement in the amount of $2000.00. Defendant Burlington Northern has no further obligations to claimant with respect to her offer to be employed as an apprentice. (c: attys.) (JMR) (Entered: 01/17/1991)

ORDER (Judge James M. Rosenbaum / 1/11/91) that: 1. the appeal of claimant Barbara A. Farnham is denied. 2. The offer to begin employment as a laborer was made pursuant to and in compliance with the Settlement Agreement in the above-captioned lawsuit, and the offer constitutes one of the offers extended pursuant to paragraph 22 of the Settlement Agreement. 3. Claimant Barbara A. Farnham has accepted an offer of employment as a mechanical laborer extended to her pursuant to the Settlement Agreement in this action. 4. Defendant Burlington Northern has no further obligations to claimant Barbara A. Farnham with respect to her offer to be employed as a laborer. [1084-1] (c: attys.) (JMR) Modified on 01/17/1991 (Entered: 01/17/1991)

ORDER (Judge James M. Rosenbaum / 1/11/91) that: Brakeman Kelli L. Tutor shall be granted retroactive seniority to June 1, 1979. [1086-1] (cc: all counsel) (JMR) (Entered: 01/17/1991)

Sarted Folder 19 with document number 1087 (JMR)

NOTICE to civil clerk re: termination of motions on pending motion report (JMR)

NOTICE to civil docket clerk re: termination of motions on pending motion report (JMR)

NOTICE to civil docket clerk re: termination of motion on pending motion report (JMR)

NOTICE to civil docket clerk re: termination of motion on pending motion report (JMR) Modified on 06/08/1992

ORDER (Judge James M. Rosenbaum / 3/15/91) that: 1. Ms. Luck be seated in the next available Burlington Northern brakement training class, regardless of its location, for placement in Burlington Northern's Montana-Dakota Division, with a seniority date of July 28, 1977. 2. Provided she meets all the requirements ordinarily imposed upon new brakeman hires, such as physical examination and successful completion of the brakeman training class, Ms. Luck shall be offered a brakemen position in the eastern half of Burlington Northern 's Montana-Dakota Division as if she had been trained in the brakeman training class which commenced in Grand Forks, North Dakota, on December 17, 1990. (c: attys.) (JMR) (Entered: 03/18/1991)

NOTICE to civil clerk re: termination of motions on pending motion report (JMR) Modified on 06/04/1992

MOTION by plaintiff Patricia McNaghten to clarify or modify Judge Rosenbaum's Order dated 11/2/90 (before Judge James M. Rosenbaum) (no date/time noticed) (5 pgs) (SJH) Modified on 08/07/1991 (Entered: 08/07/1991)

MEMORANDUM by plaintiff Patricia McNaghten in support of her motion to clarify or modify Order dated 11/2/90 [1106-1] (7 pgs, plus 2-pg exhibit) (SJH) (Entered: 08/07/1991)

AFFIDAVIT of Richard L. Mount supporting plaintiff Patricia McNaghten's motion to clarify or modify Order dated 11/2/90 [1106-1] (3 pgs, plus 8-pg exhibit) (SJH) (Entered: 08/07/1991)

AFFIDAVIT of Patricia McNaghten supporting her motion to clarify or modify Order dated 11/2/90 [1106-1] (4 pgs) (SJH) (Entered: 08/07/1991)

ORDER (Judge James M. Rosenbaum / 8/7/91) regarding Patricia McNaghten's motion to clarify or modify Judge Rosenbaum's Order dated 11/2/90. Defendant's motion is denied. [1106-1] (cc: all counsel) (1 pg) (SJH) (Entered: 08/08/1991)

ORDER (Judge James M. Rosenbaum / 8/8/91 / Nunc Pro Tunc 8/7/91) that: Patricia McNaghten's motion (to clarify Order dated 11/2/90) is denied. (cc: all counsel) (1 pg) (SJH) (Entered: 08/13/1991)

MEMORANDUM by defendant in opposition to Patricia McNaghten's motion for clarification or modification [1106-1] (12 pgs) (SJH) (Entered: 08/29/1991)

Third AFFIDAVIT of R. N. Odell opposing Patricia McNaghten's motion for clarification or modification [1106-1] (5 pgs, plus exhibits) (SJH) (Entered: 08/29/1991)

STIPULATION re Clarification of Court's Order [1105-1] of March 15, 1991 regarding claimant Rebecca J. Luck (JMR) (Entered: 09/06/1991)

ORDER ( Judge James M. Rosenbaum / 11/18/91), Re: Accounting and Final Distribution of non-negotiated settlement checks (cc: all counsel) (7 pgs) (DFL) (Entered: 11/19/1991)

TRANSCRIPT of Proceeding held before Judge James M. Rosenbaum on 2/14/86 (NAA) (separate) (SJH) (Entered: 07/28/1993)

ORDER FOR REASSIGNMENT OF RELATED CASES ( Judge James M. Rosenbaum / 8/11/94 & Judge David S. Doty / 8/11/94 ) Case No. 4-93-1187 has been reassigned to Judge James M. Rosenbaum per Civil Rights List. (cc: all counsel) ( (Entered: 08/12/1994)