Case: Wagner v. Nutrasweet Co.

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Paul William Mollica, Laurie Arden Wardell, Joan Harlow Burger, Thomas R. Meites as attorney(s) for plaintiff with Rule 39 affidavits ( 1 and 1 copy summons(es) issued.) ( Documents: 1−1 thru 1−7) (tlm) (Entered: 04/14/1992)

CONTINGENCY FEE AGREEMENT (tlm) (Entered: 04/14/1992)

NOTICE of written consent to join as a party plaintiff by Catherine E. Wagner; notice of filing. (tlm) (Entered: 04/15/1992)

RECEIPT regarding payment of filing fee paid; on 4/8/92 in the amount of $ 120.00, receipt # 392159. (tlm) (Entered: 04/14/1992)

MAILED copy of complaint &docket sheet to the Judicial Panel on Multidistrict Litigation and cover letter. (tlm) Modified on 04/14/1992 (Entered: 04/14/1992)

ATTORNEY APPEARANCE for defendant by Richard C. Robin, Thomas G. Abram, Edward C. Jepson Jr., Carlys Elizabeth Belmont, Karen L. Taylor (fce) (Entered: 05/21/1992)

RULE 39 Affidavit of Richard C. Robin (fce) (Entered: 05/21/1992)

RULE 39 Affidavit of Thomas G. Abram (fce) (Entered: 05/21/1992)

RULE 39 Affidavit of Edward C. Jepson Jr. (fce) (Entered: 05/21/1992)

RULE 39 Affidavit of Carlys Elizabeth Belmont (fce) (Entered: 05/21/1992)

RULE 39 Affidavit of Karen L. Taylor (fce) (Entered: 05/21/1992)

MOTION by defendant to extend time to answer or otherwise plead ; notice of motion (Exhibit). (tlm) (Entered: 05/22/1992)

ANSWER TO COMPLAINT and affirmative defenses by defendant; notice of filing. (tlm) (Entered: 06/10/1992)

CONSOLIDATED MOTION by plaintiff to certify a class action and for leave to give notice (Exhibits) ; notice of motion. (tlm) (Entered: 07/06/1992)

MINUTE ORDER of 6/30/92 by Hon. Brian Barnett Duff : On plaintiff's motion to certify a class action [13−1] defendant to respond by 08/20/92; plaintiff's reply brief due 9/3/92. Status hearing held and continued to 12/18/92 at 9:30 a.m. All discovery is referred to Magistrate Pallmeyer. No notice (tlm) (Entered: 07/06/1992)

REFERRAL ORDER of 07/08/92: Case referred to the calendar of Hon. Rebecca R. Pallmeyer pursuant to General Rule 2.41(b). to hear and enter order(s) on discovery motion (s). Mailed notice (vkd) (Entered: 07/13/1992)

MOTION by plaintiff to compel discovery (Exhibits); notice of motion. (tlm) (Entered: 07/24/1992)

MINUTE ORDER of 7/23/92 by Hon. Rebecca R. Pallmeyer : Answer grief to motion due 08/13/92. [16−1] Reply to answer brief due 8/20/92. Ruling on motion to compel discovery set for 08/28/92 at 10:00 a.m. Mailed notice (tlm) (Entered: 07/24/1992)

MOTION by defendant to file brief in excess of 15 pages ; notice of motion. (tlm) (Entered: 07/31/1992)

MINUTE ORDER of 7/30/92 by Hon. Brian Barnett Duff : Defendant's motion for leave to file memorandum in opposition to plaintiff's consolidated motion to certify class in excess of 15 pages is granted. [18−1] Plaintiff may file its reply in excess of 15 pages. [13−1] Mailed notice (tlm) (Entered: 07/31/1992)

MEMORANDUM OF LAW by defendant in opposition to plaintiff's consolidated motion to certify a class action (Exhibits); notice of filing. [13−1] (tlm) (Entered: 07/31/1992)

UNOPPOSED MOTION by plaintiff for enlargement of time to file reply to motion for certification to 09/03/92 ; notice of motion. (tlm) (Entered: 08/14/1992)

MINUTE ORDER of 8/13/92 by Hon. Brian Barnett Duff : Plaintiff's motion for for an enlargement of time to file its reply brief to the motion for class certification to 09/10/92 is granted. [21−1] Defendant granted to 09/20/92 in which to file a surreply. The parties to accelerate discovery on the class certification issue. Mailed notice (tlm) (Entered: 08/14/1992)

MOTION by defendant for enlargement of time to file response to plaintiff's motion to compel ; notice of motion. (tlm) (Entered: 08/14/1992)

MINUTE ORDER of 8/13/92 by Hon. Rebecca R. Pallmeyer : Defendant's motion is granted. [23−1 ]Defendant to file response to plaintiff's motion to compel or or before [16−1] 08/27/92. Mailed notice (tlm) (Entered: 08/14/1992)

SECOND MOTION by plaintiff to compel discovery (Exhibit) ; notice of motion. (tlm) (Entered: 08/14/1992)

MINUTE ORDER of 8/13/92 by Hon. Rebecca R. Pallmeyer : Answer brief to motion to compel discovery [25−1] due 08/20/92. Reply to answer brief due 8/25/92. Ruling on 2nd motion to compel discovery set for 08/26/92 at 10:00 a.m. Mailed notice (tlm) (Entered: 08/14/1992)

OPPOSITION by defendant to plaintiff's first motion to compel discovery; notice off filing (Exhibits). [16−1] (tlm) (Entered: 08/21/1992)

RESPONSE by defendant to plaintiff's second motion to compel discovery; notice of filing. [25−1] (tlm) (Entered: 08/21/1992)

MINUTE ORDER of 8/26/92 by Hon. Rebecca R. Pallmeyer : Plaintiff's second motion to compel discovery [25−1], is granted with respect to bonus information and denied as to information and documents for the years 1986 and 1987 not already produced. Ruling on plaintiff's first motion to compel discovery [16−1] set for 08/28/92 is stricken and reset to 8/31/92 at 4:00 p.m. Mailed notice (tlm) (Entered: 08/27/1992)

REPLY MEMORANDUM by plaintiff in support of motion to compel discovery (Exhibit). [16−1] (tlm) (Entered: 09/01/1992)

MINUTE ORDER of 8/31/92 by Hon. Rebecca R. Pallmeyer : Status hearing set for 10/15/92 at 10:00 a.m. Plaintiff's motion to compel production of documents withheld under "self−cirtical analysis" privilege is granted. The Court's 08/26/92 minute order is amended to reflect the ruling made that day: that Plaintiff's motion to compel discovery dating back to 1986 is allowed; provided, however, that with respect to employees who left NutraSweet prior to 1988, Defendant is not required to produce salary and bonus data at this time. With Plaintiff's agreement, the court defers ruling on her motion to compel production of information regarding the identity of persons who made promotion and salary decisions with respect to proposed class members, pending ruling on the motion for class certification. Mailed notice (tlm) (Entered: 09/01/1992)

MOTION by plaintiff for extension of time within which to file plaintiff's reply in support of motion for class certification ; notice of motion. (tlm) (Entered: 09/04/1992)

MINUTE ORDER of 9/3/92 by Hon. Brian Barnett Duff : Plaintiff's motion for an extension of time to 09/24/92 within which to file plaintiff's reply in support of motion for class certification is granted. [33−1] Mailed notice (tlm) (Entered: 09/04/1992)

SUPPLEMLENTAL AFFIDAVIT of Peggy Jude; notice of filing. (tlm) (Entered: 09/09/1992)

MOTION by plaintiff for leave to file first amended complaint (Exhibits) ; notice of motion. (tlm) (Entered: 09/16/1992)

CORRECTED MOTION by plaintiff for leave to file first amended complaint (Exhibits) ; notice of motion. (tlm) (Entered: 09/16/1992)

MINUTE ORDER of 9/11/92 by Hon. Brian Barnett Duff : Answer brief to corrected motion for leave to file first amended complaint isdue 09/18/92. [37−1] Reply to answer brief due 9/25/92 Status hearing set for 10/06/92 at 8:45 a.m. No notice (tlm) (Entered: 09/16/1992)

NOTICE by plaintiff of filing notice of written consent to join as a party plaintiff (Attachments). (fce) (Entered: 09/21/1992)

MEMORANDUM of law by defendant in opposition to plaintiff's motion to file first amended complaint; Notice of filing (Exhibits). (lal) (Entered: 09/21/1992)

MOTION by defendant for entry of agreed protective order (Attachment); amended notice of motion. (tlm) (Entered: 09/22/1992)

AGREED PROTECTIVE ORDER regarding motion. [41−1] (tlm) (Entered: 09/22/1992)

MINUTE ORDER of 9/21/92 by Hon. Wayne R. Andersen : Defendant's motion for entry of agreed protective order is granted. [41−1] Enter Agreed Protective Order. Mailed notice (tlm) (Entered: 09/22/1992)

REPLY MEMOR by plaintiff in support of motion for leave to amend to add additional plaintiffs; notice of filing. [37−1], [36−1] (tlm) (Entered: 09/28/1992)

NOTICE OF FILING right to sue letters of proposed additional plaintiffs by plaintiff (Attachments). (tlm) (Entered: 10/06/1992)

FIRST AMENDED COMPLAINT [1−1] by plaintiff; jury demand; notice of filing. (tlm) (Entered: 10/09/1992)

ANSWER TO FIRST AMENDED COMPLAINT and affirmative defenses by defendant; notice of filing. (tlm) (Entered: 10/27/1992)

MOTION by plaintiffs for enlargement of time to file reply brief in support of motion for class certification ; notice of motion. (fce) (Entered: 11/06/1992)

MINUTE ORDER of 11/5/92 by Hon. Milton I. Shadur : Granting plaintiff's motion to enlarge time to and including 11/13/92 within which to file reply brief in support of motion for class certification. [49−1] No notice (fce) (Entered: 11/06/1992)

MOTION by defendant for enlargement of time to file sur−reply to plaintiff's motion for class certification ; notice of motion. (tlm) (Entered: 11/16/1992)

MOTION by plaintiff for leave to file brief in excess of 15 pages , and to file a sur−reply ; notice of motion. (tlm) (Entered: 11/16/1992)

MINUTE ORDER of 11/13/92 by Hon. Milton I. Shadur : Motion of plaintiff for leave to file brief in excess of 15 pages in support of class certification is granted. [52−1] Defendant's motion for enlargement of time to 12/14/92 within which to file sur−reply is granted. [51−1] Plaintiff's motion for leave to file a sur−reply is denied without prejudice. [52−2] No notice (tlm) (Entered: 11/16/1992)

Document Sealed (pursuant to Court Order) (fce) (Entered: 12/02/1992)

MINUTE ORDER of 12/9/92 by Hon. Brian Barnett Duff : Status hearing set for 12/18/92 is reset to 01/25/93 at 9:30 a.m. Mailed notice (tlm) (Entered: 12/11/1992)

MINUTE ORDER of 12/10/92 by Hon. Brian Barnett Duff : Status hearing set for 01/25/93 at 9:30 a.m. Defendant's motion for an enlargement of time to 12/30/92 in which to file its sur−reply to plaintiffs' motion for class certification is granted. [56−1] Mailed notice (tlm) Modified on 02/03/1993 (Entered: 12/15/1992)

APPENDIX in support of motion for summary judgment as to plaintiff Weissman's claims filed by plaintiff; notice of filing. (tlm) Modified on 02/03/1993 (Entered: 01/07/1993)

MINUTE ORDER of 1/28/93 by Hon. Brian Barnett Duff : Defendant orally withdraws the motion for summary judgment as to plaintiff Harrison, Weissman and Wagner. Parties withdraw their previously filed brief on the motion for class certification and will re−brief that motion as follows: Plaintiff's motion for class certification is due 02/16/93 and defendant's response is due 03/16/93. [13−1] [20−1] Mailed notice (tlm) Modified on 02/03/1993 (Entered: 01/29/1993)

Document Sealed (pursuant to Court Order of 09/21/92.) (tlm) (Entered: 02/16/1993)

CONSOLIDATED MEMORANDUM by defendants in opposition to plaintiffs' motion to certify class action (Attachment); notice of filing. [13−2] (tlm) (Entered: 03/18/1993)

APPENDIX to defendants' consolidated memorandum in opposition to plaintiffs' motion to certify class action. [60−1] (tlm) (Entered: 03/18/1993)

MINUTE ORDER of 6/18/93 by Hon. Brian Barnett Duff : Status hearing set for 07/21/93 at 9:30 a.m. Mailed notice (ldg) (Entered: 06/21/1993)

MINUTE ORDER of 7/21/93 by Hon. Brian Barnett Duff : Status hearing held; continued to 11/03/93 at 9:30 a.m. No notice (cjg) (Entered: 07/22/1993)

MINUTE ORDER of 8/24/93 by Hon. Brian Barnett Duff : Denying motion for extension of time within which to file it's motion for summary judgment [64−1] without prejudice for the reasons stated in open court. Mailed notice (fce) (Entered: 08/26/1993)

MOTION by defendant Nutrasweet Co for extension of time within which to file its motion for summary judgment ; Notice of motion (eav) (Entered: 09/03/1993)

MINUTE ORDER of 8/26/93 by Hon. Brian Barnett Duff : Defendant's motion for extension of time to file motion for summary judgment by September 8, 1993 is granted. [66−1] Responsive brief due September 15, 1993; reply brief September 22, 1993. No notice (eav) (Entered: 09/03/1993)

MOTION by defendant Nutrasweet Co to file brief in excess of 15 pages ; Notice of motion (eav) (Entered: 09/08/1993)

MINUTE ORDER of 9/7/93 by Hon. Brian Barnett Duff : Defendant's motion to file its consolidated memorandum in support of its motion for judgment in excess of 15 pages is granted. [68−1] No notice (eav) (Entered: 09/08/1993)

CONSOLIDATED MOTION by defendant Nutrasweet Co for summary judgment as to the named plaintiffs' claims (eav) (Entered: 09/09/1993)

APPENDIX filed by defendant Nutrasweet Co in support of consolidated motion for summary judgment [70−1] (eav) (Entered: 09/09/1993)

CONSOLIDATED MEMORANDUM by defendant Nutrasweet Co in support of motion for summary judgment as to the named plaintiffs' claims [70−1] (eav) (Entered: 09/09/1993)

RULE 12(m) Statement of material facts as to which there is no dispute submitted in support of its consolidated motion for summary judgment by defendant Nutrasweet Co (eav) (Entered: 09/09/1993)

NOTICE of filing by defendant Nutrasweet Co regarding memorandum [72−1], regarding documents [71−1], regarding motion for summary judgment as to the named plaintiffs' claims [70−1] (eav) (Entered: 09/09/1993)

RULE 56(F) MOTION by plaintiff Catherine Wagner for an extension of time to respond to summary judgment (Exhibits); Notice of motion (eav) (Entered: 09/16/1993)

MINUTE ORDER of 9/14/93 by Hon. Brian Barnett Duff : Plaintiffs' Rule 56(f) motion for an extension of time to respond to defendant's summary judgment motion is granted. [75−1] Plaintiffs are granted until September 28, 1993 in which to respond and the reply brief is extended to October 8, 1993. No notice (eav) (Entered: 09/16/1993)

MOTION by plaintiff Catherine Wagner for leave to file a memorandum in excess of the fifteen page limit ; Notice of motion (eav) (Entered: 09/29/1993)

MINUTE ORDER of 9/28/93 by Hon. Brian Barnett Duff : Plaintiff's motion for leave to file a memorandum in excess of 15 pages is granted. [77−1] No notice (eav) (Entered: 09/29/1993)

RESPONSE by plaintiff Catherine Wagner to defendant's consolidated memorandum in support of motion for summary judgment as to the named plaintiffs' claims [70−1] (eav) (Entered: 09/29/1993)

ATTACHMENTS by plaintiff Catherine Wagner in support of memorandum in opposition to NutraSweet's consolidated motion for summary judgment. (eav) (Entered: 09/29/1993)

NOTICE of filing by plaintiff Catherine Wagner regarding motion response [79−1] (eav) (Entered: 09/29/1993)

REPLY by defendant Nutrasweet Co regarding memorandum in support of its motion for summary judgment against the named plaintiff [72−1] ; Notice of filing (eav) (Entered: 10/06/1993)

RESPONSE by defendant Nutrasweet Co to plaintiffs' Rule 12(N) statement of additional material facts (eav) (Entered: 10/06/1993)

SUPPLEMENTAL APPENDIX filed by defendant Nutrasweet Co in support of consolidated motion for summary judgment [70−1] (Attachments) (eav) (Entered: 10/06/1993)

MINUTE ORDER of 11/3/93 by Hon. Brian Barnett Duff : Status hearing held; continued to 02 Feb 94 at 9:30 a.m. No notice (eav) (Entered: 11/04/1993)

RESPONSE by defendant Nutrasweet Co to plaintiffs' motion to add supplemental authority (eav) (Entered: 12/09/1993)

MOTION by plaintiffs to add supplemental authority ; Notice of motion. (fce) (Entered: 12/14/1993)

MINUTE ORDER of 12/9/93 by Hon. Brian Barnett Duff : Striking plaintiffs' motion to add supplemental authority [88−1] No notice (fce) (Entered: 12/14/1993)

MINUTE ORDER of 2/2/94 by Hon. Brian Barnett Duff : Status hearing reset for 03/08/94 at 9:30 a.m. Mailed notice (vkd) (Entered: 02/11/1994)

EXECUTIVE committee order of 05/25/94 Case reassigned to Hon. Ruben Castillo (fce) (Entered: 05/26/1994)

MINUTE ORDER of 5/26/94 by Hon. Ruben Castillo : Status hearing set for 06/14/94 at 10:30 a.m. (See reverse of minute order). Mailed notice (vkd) (Entered: 05/27/1994)

JOINT STATUS REPORT by parties. (fce) (Entered: 06/10/1994)

MINUTE ORDER of 6/14/94 by Hon. Ruben Castillo : Status hearing held ; continued to 08/02/94 at 10:30 am. No notice (fce) (Entered: 06/17/1994)

MINUTE ORDER of 8/1/94 by Hon. Ruben Castillo: Status hearing set for 12 Sep 94 at 9:00 a.m. Mailed notice (vmj) (Entered: 08/02/1994)

MINUTE ORDER of 8/11/94 by Hon. Ruben Castillo : Defendant's motion to extend time to answer or otherwise plead [10−1] moot. No notice (fce) (Entered: 08/12/1994)

MINUTE ORDER of 9/6/94 by Hon. Ruben Castillo : Status hearings set for 09/08/94 and 09/12/94 are vacated. Court will rule by mail on defendant's motion for summary judgment. Mailed notice (fce) (Entered: 09/07/1994)

MEMORANDUM OPINION AND ORDER (vkd) (Entered: 10/17/1994)

MINUTE ORDER of 10/13/94 by Hon. Ruben Castillo : Status hearing set for 10/28/94 at 9:30 a.m. Enter memorandum opinion and order. Defendant's consolidated motion for summary judgment [70−1] is granted in part and denied in part. Judgment is entered in favor of Nutrasweet and against plaintiffs Anne Marie Sorcenelli, Sarah Baldwin Weissman and Jenny Bridges Cox Harrison on all counts of the amended complaint. Judgment is entered in favor of Nutrasweet and against plaintiffs Catherine Wagner on all claims alleged in the complaint which arose before 03/25/91. Plainitffs' motion for class certification [13−1, 13−2, 59−1] is denied and plaintiffs' motion to compel [25−1] is moot. Plaintiff is directed to file an amended complaint by 10/27/94. Defendant to answer the amended

SECOND AMENDED COMPLAINT [47−1] by plaintiff; jury demand (vkd) (Entered: 10/26/1994)

MOTION by plaintiff for clarification and partial reconsideration of this Court's 10/13/94 decision with regard to granting summary judgment and denying class certification on the discrimination in compensation claim (Attachments); (vkd) (Entered: 10/31/1994)

NOTICE of motion by plaintiff regarding motion for clarification [101−1] and partial reconsideration of this Court's 10/13/94 decision with regard to granting summary judgment and denying class certification on the discrimination in compensation claim [101−2]. (vkd) (Entered: 10/31/1994)

MINUTE ORDER of 10/28/94 by Hon. Ruben Castillo : Status hearing held; continued to 11/28/94 at 9:00 a.m. Defendants' response to plaintiff's motion for clarification [101−1] and partial reconsideration of this Court's 10/13/94 decision [101−2] due 11/14/94. Plaintiff's reply due 11/21/94. Time for defendants to answer the second amended complaint is stayed pending a ruling on plaintiff's motion for clarification and partial reconsideration. Mailed notice (vkd) (Entered: 10/31/1994)