1
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COMPLAINT filed, amount paid $ 120, receipt # 200 73834 (DDR) (Entered: 01/19/1993)
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Jan. 15, 1993
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Jan. 15, 1993
|
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SUMMONS and complaint issued del to pla (DDR) (Entered: 01/19/1993)
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Jan. 15, 1993
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Jan. 15, 1993
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2
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AMENDED complaint [1−1] filed cs (DDR) (Entered: 01/29/1993)
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Jan. 28, 1993
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Jan. 28, 1993
|
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SUMMONS and amended complaint issued del to pla (DDR) (Entered: 01/29/1993)
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Jan. 28, 1993
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Jan. 28, 1993
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3
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ANSWER by defendant to the amended complaint w/JURY DEMAND thereon filed cs (DDR) (Entered: 02/12/1993)
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Feb. 12, 1993
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Feb. 12, 1993
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4
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ORDER (16b) setting certain deadlines as set out in this order by Judge U W. Clemon entered cm (DDR) (Entered: 02/23/1993)
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Feb. 23, 1993
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Feb. 23, 1993
|
5
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MOTION by plaintiff to quash dft's third party subpoena filed cs (DDR) (Entered: 04/13/1993)
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April 12, 1993
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April 12, 1993
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6
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RESPONSE by defendant to pla's motion to quash dft's third party subpoena [5−1] filed cs (DDR) (Entered: 04/15/1993)
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April 14, 1993
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April 14, 1993
|
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5 − ORDER denying motion to quash dft's third party subpoena [5−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 04/22/1993)
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April 22, 1993
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April 22, 1993
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7
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NOTICE of appearance for plaintiff by Lee David Winston filed cs (DDR) (Entered: 06/14/1993)
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June 14, 1993
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June 14, 1993
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8
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NOTICE of appearance for plaintiff by Robert F Childs Jr filed cs (DDR) (Entered: 06/22/1993)
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June 22, 1993
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June 22, 1993
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10
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NOTICE of appearance for defendant by Richard E Davis filed cs (DDR) (Entered: 07/12/1993)
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July 12, 1993
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July 12, 1993
|
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9 − ORDER granting motion to intervene as party plaintiffs [9−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 07/13/1993)
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July 13, 1993
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July 13, 1993
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11
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INTERVENOR complaint filed cs on motion (DDR) (Entered: 07/13/1993)
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July 13, 1993
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July 13, 1993
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12
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MOTION by defendant Norfolk Southern to vacate order on motion to intervene filed cs (DDR) (Entered: 07/15/1993)
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July 15, 1993
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July 15, 1993
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12 − ORDER granting motion to vacate order on motion to intervene [12−1] without prejudice terminating party Betty Webb, party Bobby Bland, party Larry . Taylor, party Clarence Mines, party William Carr, party Willie Gude, party Kenneth Sheffield, party Joeseph Burnett ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 07/19/1993)
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July 16, 1993
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July 16, 1993
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13
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MOTION by intervenor−plaintiff to reconsider motion to intervene w/exhibit attached filed cs (DDR) (Entered: 07/27/1993)
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July 26, 1993
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July 26, 1993
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13 − ORDER granting motion to reconsider motion to intervene [13−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 08/11/1993)
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Aug. 11, 1993
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Aug. 11, 1993
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14
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ANSWER by defendant Norfolk Southern; jury demand filed cs (KAM) (Entered: 09/01/1993)
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Aug. 31, 1993
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Aug. 31, 1993
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15
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ORDER (AMENDED SCHEDULING) amending certain deadlines as set out in this order filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 10/25/1993)
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Oct. 25, 1993
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Oct. 25, 1993
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16
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MOTION by defendant for leave to amend its answer to complaint filed cs (DDR) (Entered: 02/08/1994)
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Feb. 7, 1994
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Feb. 7, 1994
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17
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ANSWER (amended) by defendant to the complaint and to the complaint in intervention filed cs (DDR) (Entered: 02/23/1994)
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Feb. 22, 1994
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Feb. 22, 1994
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16 − ORDER granting motion for leave to amend answer to complaint [16−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 02/24/1994)
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Feb. 23, 1994
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Feb. 23, 1994
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37
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AFFIDAVIT of Robert L. Wiggins, Jr. in support of attorney's fees filed cs (DDR) (Entered: 07/19/1994)
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March 15, 1994
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March 15, 1994
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18
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MOTION by defendant for protective order filed cs (DDR) (Entered: 03/22/1994)
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March 22, 1994
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March 22, 1994
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19
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ORDER granting motion for protective order [18−1] as set out in this order filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 04/28/1994)
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April 28, 1994
|
April 28, 1994
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20
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MOTION by plaintiff to compel dft to produce documents and computerized information w/exhibits attached filed cs (DDR) (Entered: 05/25/1994)
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May 25, 1994
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May 25, 1994
|
21
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MOTION by defendant to compel discovery by pla w/exhibits attached filed cs (DDR) (Entered: 05/26/1994)
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May 26, 1994
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May 26, 1994
|
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20 − ORDER granting motion to compel dft to produce documents and computerized information [20−1]; 10 days to produce ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 05/26/1994)
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May 26, 1994
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May 26, 1994
|
22
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MOTION by defendant to vacate order on pla's motion to compel dft to produce documents and computerized information filed cs (DDR) (Entered: 05/27/1994)
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May 27, 1994
|
May 27, 1994
|
23
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MOTION by plaintiffs to clarify this court's order granting motion to compel production of documents and computer tapes w/exhibit attached filed cs (DDR) (Entered: 05/31/1994)
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May 31, 1994
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May 31, 1994
|
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21 − ORDER denying motion to compel discovery by pla [21−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 06/01/1994)
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June 1, 1994
|
June 1, 1994
|
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22 − ORDER overruling motion to vacate order on pla's motion to compel dft to produce documents and computerized information [22−1] without prejudice to the filing of a motion to reconsider ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 06/06/1994)
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June 1, 1994
|
June 1, 1994
|
24
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MEMORANDUM, opinion, and order: filed ( by Judge U W. Clemon ) overruling without prejudice to Norfolk's right to file motion to reconsider, motion to vacate order on pla's motion to compel dft to produce documents and computerized [22−1] cm (BSH) (Entered: 06/03/1994)
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June 3, 1994
|
June 3, 1994
|
25
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MOTION by defendant Norfolk Southern for reconsideration of dft's motion to compel w/exhibits attached filed cs (DDR) (Entered: 06/14/1994)
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June 14, 1994
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June 14, 1994
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26
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MOTION by defendant for reconsideration of motion to vacate , and for vacation of 6/1/94 order on plas' motion to clarify w/exhibits seperately bound attached filed cs (DDR) (Entered: 06/15/1994)
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June 14, 1994
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June 14, 1994
|
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26 − ORDER denying motion for reconsideration of motion to vacate [26−1], denying motion for vacation of 6/1/94 order on plas' motion to clarify [26−2] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 06/16/1994)
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June 16, 1994
|
June 16, 1994
|
27
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MOTION by plaintiff for order compelling dft to cease destroying documents w/exhibit attached filed cs (DDR) (Entered: 06/20/1994)
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June 16, 1994
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June 16, 1994
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28
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MOTION by plaintiffs for sanctions filed cs (DDR) (Entered: 06/22/1994)
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June 22, 1994
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June 22, 1994
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29
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RESPONSE by dft Norfolk Southern to motion for sanctions [28−1] filed cs (ADF) (Entered: 06/24/1994)
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June 23, 1994
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June 23, 1994
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30
|
REPLY by pla to dft's response to the motion for sanctions [28−1] filed cs (ADF) (Entered: 06/24/1994)
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June 24, 1994
|
June 24, 1994
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31
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ORDER granting motion for reconsideration of dft's motion to compel [25−1] as set out in this order; further that plas' motion for order compelling dft to cease destroying documents [27−1] is treated as a motion for order to preserve records and as such is granted filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 07/01/1994)
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July 1, 1994
|
July 1, 1994
|
32
|
MEMORANDUM opinion filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 07/01/1994)
|
July 1, 1994
|
July 1, 1994
|
33
|
ORDER granting motion for sanctions [28−1] as set out in this order filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 07/01/1994)
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July 1, 1994
|
July 1, 1994
|
34
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MOTION by defendant to extend time within which to comply with discovery orders filed cs (DDR) (Entered: 07/06/1994)
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July 5, 1994
|
July 5, 1994
|
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34 − ORDER granting motion to extend time within which to comply with discovery orders [34−1] ( by Judge U W. Clemon ) entered cm (DDR) (Entered: 07/07/1994)
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July 7, 1994
|
July 7, 1994
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35
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NOTICE of payment pursuant to court's sanctions order filed by defendant Norfolk Southern cs (KAM) (Entered: 07/18/1994)
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July 15, 1994
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July 15, 1994
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36
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ORDER Class Certification hearing set for 9:00 9/23/94 filed ( by Judge U W. Clemon ) cm (KAM) (Entered: 07/18/1994)
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July 18, 1994
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July 18, 1994
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38
|
MOTION by plas to extend time until 8/31/94 to complete depositions of dft's designees re: class certification and until 9/15/94 to complete depositions of expert witnesses filed cs (ADF) (Entered: 07/26/1994)
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July 25, 1994
|
July 25, 1994
|
39
|
ORDER that the sum of $5000 is awarded to plas' counsel for services related to the motion for sanctions filed ( by Judge U W. Clemon ) cm (DDR) (Entered: 07/27/1994)
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July 27, 1994
|
July 27, 1994
|
40
|
MOTION by plaintiff for protective order in re taking deposition of John Moore filed cs (ADF) (Entered: 08/03/1994)
|
Aug. 3, 1994
|
Aug. 3, 1994
|
41
|
OPPOSITION by dft Norfolk Southern to motion for protective order in re taking deposition of John Moore [40−1] filed cs (ADF) (Entered: 08/09/1994)
|
Aug. 8, 1994
|
Aug. 8, 1994
|
|
40 − ORDER overruling w/o prejudice the motion for protective order in re taking deposition of John Moore [40−1] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 08/09/1994)
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Aug. 9, 1994
|
Aug. 9, 1994
|
42
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MOTION by defendant for remedial notice , and for protective order , and for sanctions w/exhibits attached filed cs (DDR) (Entered: 09/07/1994)
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Sept. 6, 1994
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Sept. 6, 1994
|
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42 − ORDER denying motion for remedial notice [42−1], denying motion for protective order [42−2], denying motion for sanctions [42−3] ( by Judge U W. Clemon ) entered cm (ADF) (Entered: 09/12/1994)
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Sept. 9, 1994
|
Sept. 9, 1994
|
43
|
TRANSCRIPT of proceedings had before Judge U W. Clemon on the following date(s): June 30, 1994 (Re: ) filed Thomas Dempsey, Rpr (DDR) (Entered: 09/16/1994)
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Sept. 16, 1994
|
Sept. 16, 1994
|
44
|
OBJECTIONS by dft to class certification hearing on due process grounds w/exhibits filed cs (ADF) (Entered: 09/22/1994)
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Sept. 22, 1994
|
Sept. 22, 1994
|
45
|
RESPONSE by pla to dft's objections to class cert hearing [44−1] filed cs (ADF) (Entered: 09/23/1994)
|
Sept. 23, 1994
|
Sept. 23, 1994
|
46
|
RESPONSE by dft to plas' proposed class definition filed cs (ADF) (Entered: 09/23/1994)
|
Sept. 23, 1994
|
Sept. 23, 1994
|
|
COURTROOM NOTES: Class Certification hearing held before the Hon. U. W. Clemon, U. S. District Judge − Pltfs' testimony − Pltfs rest − No testimony from deft − Argument of counsel − Written order to be entered by the court (TD, ct rptr) (Former Employee) (Entered: 09/23/1994)
|
Sept. 23, 1994
|
Sept. 23, 1994
|
47
|
STIPULATION (Agreement) of parties regarding discovery filed (ADF) (Entered: 09/28/1994)
|
Sept. 27, 1994
|
Sept. 27, 1994
|
|
47 − ORDER approving stipulation [47−1] ( by Judge U W. Clemon ) entered cm (SCL) (Entered: 10/13/1994)
|
Oct. 13, 1994
|
Oct. 13, 1994
|
48
|
TRANSCRIPT of proceedings had before Judge U W. Clemon on the following date(s): September 23, 1994 (Re: Class Certification hearing ) filed Thomas Dempsey, Rpr (DDR) (Entered: 10/17/1994)
|
Oct. 17, 1994
|
Oct. 17, 1994
|
49
|
MOTION (Joint) by parties to extend time to complete certain depositions filed cs (ADF) (Entered: 11/29/1994)
|
Nov. 29, 1994
|
Nov. 29, 1994
|
|
49 − ORDER granting motion to extend time to complete certain depositions [49−1] ( by Judge U W. Clemon ) entered cm (KAM) (Entered: 12/09/1994)
|
Dec. 8, 1994
|
Dec. 8, 1994
|
50
|
ORDER(Class Certification Order) based on evidence at class certification hearing, court makes the following findings of fact as set out in this order; based on these facts, court hereby CERTIFIES pla &intervenors as class representatives as set out in this order; counsel to provide notice to class members as set out in this order within 30 days of the date of this order filed ( by Judge U W. Clemon ) cm (SWB) Modified on 08/09/1995 (Entered: 08/09/1995)
|
Aug. 9, 1995
|
Aug. 9, 1995
|
51
|
MOTION by plaintiffs to amend class certification order filed cs (SWB) (Entered: 08/21/1995)
|
Aug. 21, 1995
|
Aug. 21, 1995
|
52
|
RESPONSE by dft Norfolk Southern to motion to amend class certification order [51−1] filed cs (SWB) (Entered: 08/24/1995)
|
Aug. 24, 1995
|
Aug. 24, 1995
|
53
|
RESPONSE(reply) by plaintiffs to objection &response [52−1] (dft's position on opt−out provisions of proposed notice to class) filed w/atts cs (SWB) (Entered: 08/30/1995)
|
Aug. 29, 1995
|
Aug. 29, 1995
|
54
|
MOTION by plaintiffs for withdrawal of proposed form of notices "A" &"B" in document [51−1] , and to substitute proposed notices "C" &"D" filed w/atts cs (SWB) (Entered: 08/30/1995)
|
Aug. 29, 1995
|
Aug. 29, 1995
|
55
|
MOTION by plaintiffs to amend(modify) 8/8/95 order requiring res judicata language in notice to the class filed w/atts cs (SWB) (Entered: 08/30/1995)
|
Aug. 29, 1995
|
Aug. 29, 1995
|
56
|
ORDER (Revised Class Certification Order) based on the evidence at the class certification hearing, court makes the following findings of fact as set out in this order; based on these facts, court hereby CERTIFIES pla &said intervenors as class representatives as set out in this order; counsel to provide attached notice to class members within 30 days of the date of this order filed ( by Judge U W. Clemon ) cm (SWB) (Entered: 09/08/1995)
|
Sept. 8, 1995
|
Sept. 8, 1995
|
57
|
OPPOSITION by dft Norfolk Southern to motion to amend class certification order [51−1] filed w/atts cs (SWB) (Entered: 09/11/1995)
|
Sept. 8, 1995
|
Sept. 8, 1995
|
57
|
OBJECTIONS (within opposition) by dft Norfolk Southern to plas' proposed notice forms B, C, &D [54−1], [54−2] filed w/atts cs (SWB) (Entered: 09/11/1995)
|
Sept. 8, 1995
|
Sept. 8, 1995
|
|
51 − ORDER granting, nunc pro tunc, motion to amend class certification order [51−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 09/14/1995)
|
Sept. 13, 1995
|
Sept. 13, 1995
|
|
55 − ORDER granting, nunc pro tunc, motion to amend(modify) 8/8/95 order requiring res judicata language in notice to the class [55−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 09/14/1995)
|
Sept. 13, 1995
|
Sept. 13, 1995
|
|
54 − ORDER finding the motion for withdrawal of proposed form of notices "A" &"B" in document [51−1] [54−1] &substitution of proposed notices "C" &"D" [54−2] moot ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 09/14/1995)
|
Sept. 13, 1995
|
Sept. 13, 1995
|
58
|
MOTION by dft for attorney Jeffrey S Berlin to appear pro hac vice filed w/afdt att as exh cs (SWB) (Entered: 12/04/1996)
|
Dec. 3, 1996
|
Dec. 3, 1996
|
|
PRO HAC VICE admission fee of $20.00 paid on 12/4/96 receipt # 200 107991 (SWB) (Entered: 12/04/1996)
|
Dec. 4, 1996
|
Dec. 4, 1996
|
|
58 − ORDER granting motion for attorney Jeffrey S Berlin to appear pro hac vice [58−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 12/05/1996)
|
Dec. 4, 1996
|
Dec. 4, 1996
|
59
|
MOTION by dft for attorney James S Whitehead to appear pro hac vice filed w/afdt &atts cs (SWB) (Entered: 12/31/1996)
|
Dec. 30, 1996
|
Dec. 30, 1996
|
|
PRO HAC VICE admission fee of $20.00 for James S Whitehead paid on 12/30/96 receipt # 200 108544 (SWB) (Entered: 12/31/1996)
|
Dec. 31, 1996
|
Dec. 31, 1996
|
|
59 − ORDER granting motion for attorney James S Whitehead to appear pro hac vice [59−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 01/06/1997)
|
Jan. 6, 1997
|
Jan. 6, 1997
|
60
|
ORDER on pre−trial hearing pre−trial conference held 2/5/97 ; court trial set 5/12/97 in B'ham, AL ; PTC held 1:30 2/5/97 filed ( by Judge U W. Clemon ) cm (SWB) (Entered: 02/07/1997)
|
Feb. 7, 1997
|
Feb. 7, 1997
|
61
|
MOTION by intv−pla Thomas Franklin Madden to intervene filed cs (SWB) (Entered: 02/14/1997)
|
Feb. 14, 1997
|
Feb. 14, 1997
|
62
|
61 − ORDER granting motion to intervene [61−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 02/18/1997)
|
Feb. 17, 1997
|
Feb. 17, 1997
|
63
|
INTERVENOR complaint by Thomas Franklin Madden filed cs (SWB) (Entered: 02/18/1997)
|
Feb. 18, 1997
|
Feb. 18, 1997
|
65
|
64 − ORDER granting motion to amend pre−trial order [64−1] to include additional counsel for pla &pla/intvs as listed ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 03/07/1997)
|
March 7, 1997
|
March 7, 1997
|
66
|
MOTION (emergency) by plas for sanctions filed w/exhs att cs (BOUND) (SWB) (Entered: 03/17/1997)
|
March 17, 1997
|
March 17, 1997
|
67
|
MOTION (Emergency) by plaintiffs for protective order filed cs (SWB) Modified on 03/17/1997 (Entered: 03/17/1997)
|
March 17, 1997
|
March 17, 1997
|
68
|
OPPOSITION by dft to motion for protective order [67−1] filed w/atts cs (SWB) (Entered: 03/18/1997)
|
March 17, 1997
|
March 17, 1997
|
69
|
OPPOSITION by dft to motion for sanctions [66−1] filed w/exhs att cs (SWB) (Entered: 03/18/1997)
|
March 17, 1997
|
March 17, 1997
|
71
|
66 − ORDER overruling w/out prejudice, the motion for sanctions [66−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 03/18/1997)
|
March 17, 1997
|
March 17, 1997
|
72
|
67 − ORDER denying motion for protective order [67−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 03/18/1997)
|
March 17, 1997
|
March 17, 1997
|
70
|
RESPONSE by pla to opposition [69−1] &opposition [68−1] filed cs (SWB) (Entered: 03/18/1997)
|
March 18, 1997
|
March 18, 1997
|
73
|
MOTION by dft for attys R Merinda Wilson, Linzey D Jones, Jr, Krista L Edwards, Scott E Gross &Claudia Von−Pervieux to appear pro hac vice filed w/exhs att cs (SWB) (Entered: 03/20/1997)
|
March 19, 1997
|
March 19, 1997
|
74
|
MOTION by dft to amend the pre−trial order filed cs (SWB) (Entered: 03/20/1997)
|
March 19, 1997
|
March 19, 1997
|
|
PRO HAC VICE (5) admission fees of $50.00 each paid on 3/19/97 receipt #'s 200 110741−110745 (SWB) (Entered: 03/20/1997)
|
March 20, 1997
|
March 20, 1997
|
75
|
73 − ORDER granting motion for attys R Merinda Wilson, Linzey D Jones, Jr, Krista L Edwards, Scott E Gross &Claudia Von−Pervieux to appear pro hac vice [73−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 03/24/1997)
|
March 24, 1997
|
March 24, 1997
|
76
|
74 − ORDER granting motion to amend the pre−trial order [74−1] ( by Judge U W. Clemon ) entered cm (SWB) (Entered: 03/24/1997)
|
March 24, 1997
|
March 24, 1997
|