Case: Goldberg v. Durham Trans.

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Deanne Snedeker Medina, Aaron Benjamin Maduff as attorney(s) for plaintiff (Original and one copy summons(es) issued.) (Documents: (1−1 through 1−3)). (ntf) (Entered: 02/19/2002)

RECEIPT regarding payment of filing fee paid; on 2/15/02 in the amount of $ 150.00, receipt # 107929. (ntf) (Entered: 02/19/2002)

RETURN OF SERVICE executed as to defendant Madeline Cooley on 2/19/02. (vmj) (Entered: 02/25/2002)

ATTORNEY APPEARANCE for defendant Madeline Cooley by Geoffrey M Gilbert Jr, James N Foster Jr, John F. Kuenstler. (vmj) (Entered: 03/08/2002)

MOTION by defendant Madeline Cooley for an extension of time to answer or otherwise plead ; Notice. (vmj) (Entered: 03/14/2002)

MINUTE ORDER of 3/12/02 by Hon. Joan Humphrey Lefkow: Agreed motion of defendant Madeline Cooley for an extension of time to 4/8/02 to answer or otherwise plead to the complaint is granted [4−1]. Telephoned notice (vmj) (Entered: 03/14/2002)

REASSIGNMENT ORDER of 4/5/02 This case is reassigned to the Hon. Milton I. Shadur pursuant to IOP 13F1. (For further detail see order) Mailed notice (vmj) (Entered: 04/09/2002)

ADDITIONAL ATTORNEY APPEARANCE for defendant Madeline Cooley by Beau C. Sefton. (vmj) (Entered: 04/09/2002)

ANSWER by defendant Madeline Cooley to complaint [1−1]; Notice. (vmj) (Entered: 04/09/2002)

SCHEDULE set on 4/10/02 by Hon. Milton I. Shadur : Status hearing set to 9:00 5/15/02 . Mailed notice (srn) (Entered: 04/10/2002)

RETURN OF SERVICE executed as to defendant Durham Trans on 4/8/02. (vmj) (Entered: 04/16/2002)

MINUTE ORDER of 4/15/02 by Hon. Milton I. Shadur: No charge is to be imposed on Cooley for the added time and any expense involved in counsel's preparation and submission of a self−contained Amended Answer (which must be done on or before 4/25/02) and Cooley's counsel shall send her both a copy of this memorandum order and a letter confirming that no charge will be made, with a copy of that letter to be transmitted to this court (for informational purposes and not for filing). (Entered Memorandum Order) Notices mailed by judge's staff (vmj) (Entered: 04/16/2002)

AMENDED ANSWER by Defendant Madeline Cooley to plaintiffs' complaint [7−1]; Notice. (tlm) (Entered: 05/12/2002)

APPLICATION for leave to appear pro hac vice for defendant Madeline Cooley by Geoffrey M. Gilbert; Order entered granting leave by Hon. Milton I. Shadur. (vmj) (Entered: 04/30/2002)

APPLICATION for leave to appear pro hac vice for defendant Madeline Cooley by James N. Foster, Jr.; Order entered granting leave by Hon. Milton I. Shadur. (vmj) (Entered: 04/30/2002)

SCHEDULE set on 5/20/02 by Hon. Milton I. Shadur : Status hearing set to 9:00 6/12/02 . Mailed notice (srn) (Entered: 05/20/2002)

ADDITIONAL ATTORNEY APPEARANCE for defendant Durham Trans by John F. Kuenstler, Beau C. Sefton. (vmj) (Entered: 06/03/2002)

ANSWER and defenses by defendant Mierhofer, Inc. d/b/a Durham Trans to plaintiff's complaint [1−1]; Notice. (vmj) (Entered: 06/04/2002)

SCHEDULE set on 6/12/02 by Hon. Milton I. Shadur : Status hearing reset to 9:00 6/21/02 . Telephoned notice (srn) (Entered: 06/12/2002)

ADDITIONAL ATTORNEY APPEARANCE for defendant Durham Trans by Geoffrey M Gilbert Jr, James N Foster Jr. (vmj) (Entered: 06/14/2002)

APPLICATION for leave to appear pro hac vice for defendant Durham Trans by Geoffrey M. Gilber, James N. Foster; Order entered granting leave by Hon. Milton I. Shadur. (vmj) (Entered: 06/20/2002)

SCHEDULE set on 6/21/02 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 8/14/02 . No notice (srn) (Entered: 06/21/2002)

SCHEDULE set on 8/14/02 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 9:00 10/16/02 . No notice (srn) (Entered: 08/14/2002)

ADDITIONAL ATTORNEY APPEARANCE for plaintiffs' by Ronald L. Futterman, William W Thomas. (vmj) (Entered: 10/16/2002)

AMENDED CLASS COMPLAINT [1−1] by plaintiff; adding Kenneth E Hulteen; Notice. (vmj) (Entered: 10/16/2002)

MINUTE ORDER of 10/16/02 by Hon. Milton I. Shadur: Status hearing held and continued to 11/13/02. at 9:00 a.m. Simultaneous filings under Rule 23(a)(b) are to be filed on or before 11/6/02. Mailed notice (vmj) (Entered: 10/17/2002)

CROSS−filing under Fed.R.Civ.P.23 in support of maintaining action as a class action (Attachments); Notice. (vmj) (Entered: 11/07/2002)

MOTION by defendants' for leave to file memorandum of law in excess of 15 pages ; Notice. (vmj) (Entered: 11/15/2002)

MINUTE ORDER of 11/13/02 by Hon. Milton I. Shadur: Status hearing held and continued to 1/16/03 at 9:00 a.m. Defendants' motion for leave to file memorandum of law in excess of 15 pages is denied [22−1]. Plaintiff is granted leave to file an amended complaint. Defendants' responsive pleading is due on or before 11/25/02. Plaintiffs' motion for leave to file a reply brief and take discovery or, in the alternative, to strike affidavits is denied as moot [23−1]. Mailed notice (vmj) (Entered: 11/15/2002)

ADDITIONAL ATTORNEY APPEARANCE for plaintiffs' Jerold Goldberg, Glenn Gentile, Willie Jiles by Janice M Pintar. (vmj) (Entered: 11/15/2002)

ANSWER to plaintiffs' amended class complaint by defendants [19−1]; Notice. (vmj) (Entered: 11/27/2002)

SCHEDULE set on 1/22/03 by Hon. Milton I. Shadur : Status hearing reset to 9:00 2/6/03 . Telephoned notice (srn) (Entered: 01/22/2003)

MINUTE ORDER of 2/6/03 by Hon. Milton I. Shadur: Status hearing held and continued to 3/10/03 at 8:45 a.m. Cross filings regarding class actions under Rule 23 are to be filed on or before 3/6/03. Mailed notice (vmj) (Entered: 02/07/2003)

MINUTE ORDER of 3/3/03 by Hon. Milton I. Shadur: On joint oral motion the cross filings are to be submitted on or before 3/20/03. The 3/10/03 status date is vacated and reset to 3/24/03 at 8:45 a.m. Mailed notice (vmj) (Entered: 03/04/2003)

UNCONTESTED MOTION by defendants Durham School Services and Madeline Cooley to continue the pending briefing schedule and scheduled status hearing ; Notice. (vmj) (Entered: 03/21/2003)

MINUTE ORDER of 3/20/03 by Hon. Milton I. Shadur: Defendants Durham School Services and Madeline Cooley's motion to continue the pending briefing schedule and scheduled status hearing is granted [29−1]. Defendants' cross filings are due 4/3/03 and the status hearing of 3/24/03 is reset to 4/8/03 at 8:45 a.m. Mailed notice (vmj) (Entered: 03/21/2003)

CROSSFILING under FED.R.CIV.P.23 by plaintiffs' in support of maintaining action as a class action (Attachments); Notice. (vmj) (Entered: 04/04/2003)

MOTION by defendants Durham Trans, Madeline Cooley for leave to file memorandum of law in excess of 15 pages ; Notice. (vmj) (Entered: 04/08/2003)

MEMORANDUM of law by defendants in opposition to plaintiffs' motion for class certification (Attachments); Notice. (vmj) (Entered: 04/08/2003)

MOTION by plaintiff to file second amended complaint ; Notice. (vmj) (Entered: 04/09/2003)

SECOND AMENDED COMPLAINT [19−1] by plaintiffs'. (vmj) (Entered: 04/09/2003)

MINUTE ORDER of 4/7/03 by Hon. Milton I. Shadur: Defendants motion for leave to file memorandum of law in excess of 15 pages is granted [32−1]. Telephoned notice (vmj) (Entered: 04/08/2003)

MINUTE ORDER of 4/8/03 by Hon. Milton I. Shadur: Status hearing held and continued to 6/16/03 at 8:45 a.m. Plaintiff's motion to file second amended complaint is granted [35−1]. Plaintiff's motion for class certification is granted [31−1]. Mailed notice (vmj) (Entered: 04/09/2003)

ATTORNEY APPEARANCE for Durham Trans, Madeline Cooley by Gregory A. Shoemaker, Michelle M Cain (vmj) (Entered: 04/21/2003)

APPLICATION for leave to appear pro hac vice for Durham Trans, Madeline Cooley by Michelle M. Cain; Order entered granting leave by Hon. Milton I. Shadur. (vmj) (Entered: 04/21/2003)

EMERGENCY MOTION by plaintiffs to quash 38 subpoenas for depositions of class members and prohibit defendants from contacting class members until class notice opt−out period ends (Attachments); Notice. (vmj) (Entered: 04/22/2003)

MINUTE ORDER of 4/18/03 by Hon. Milton I. Shadur: Plaintiff's emergency motion to quash 38 subpoenas for depositions of class members and prohibit defendants from contacting class members until class notice opt−out period ends [41−1] is entered and continued generally. No notice (vmj) (Entered: 04/22/2003)

MOTION by plaintiffs for approval of class notice (Attachments); Notice. (fce) (Entered: 04/25/2003)

OBJECTIONS by defendants to the proposed class notice [43−1] (Attachment); Notice. (fce) (Entered: 04/25/2003)

RESPONSE by plaintiffs to defendants' objections [44−1] to the proposed class notice (Attachment); Notice. (fce) (Entered: 04/25/2003)

MINUTE ORDER of 4/24/03 by Hon. Milton I. Shadur : Plaintiffs' motion for approval of class notice is granted as modified by this court's oral instructions [43−1]. Mailed notice (fce) (Entered: 04/25/2003)

NOTICE of filing of attached Final Agreed Proposed Class Notice, Draft Order by plaintiffs. (vmj) (Entered: 05/05/2003)

MINUTE ORDER of 4/29/03 by Hon. Milton I. Shadur: On 4/8/03, this court certified the case as a class action. This court now orders that the proposed class notice shall be issued to all potential class members by plaintiffs' counsel. The "opt−out" period for the class shall be fifty−six days from the date of actual mailing to the class. (Entered Order) Notices mailed by judge's staff (vmj) (Entered: 05/05/2003)

ANSWER and defenses by defendants to plaintiff's second amended class complaint [37−1]; Notice. (vmj) (Entered: 05/06/2003)

AFFIDAVIT of mailing of class notice by William W. Thomas (Attachments); Notice. (vmj) (Entered: 05/07/2003)

MINUTE ORDER of 5/8/03 by Hon. Milton I. Shadur : Plaintiff's motion to quash 38 subpoenas for depositions of class members and prohibit defendants from contacting class members during the opt−out period is granted [41−1]unless prior permission is obtained from this Court. Mailed notice (amb) (Entered: 05/09/2003)

MINUTE ORDER of 5/14/03 by Hon. Milton I. Shadur: Accordingly, all of the Ads except of Ad 3 are stricken. If defendants have a good faith basis for seeking to reassert any of those Ads (except for Ad 1 and at least the principal part of Ad 2), defense counsel are granted leave to move for such reassertion via an amendment to the present Answer on or before 5/27/03. [Entered Memorandum Order] Notices mailed by judge's staff (vmj) (Entered: 05/15/2003)

MOTION by defendants' to compel depositions of class members (Attachments); Notice. (vmj) (Entered: 06/06/2003)

MOTION by defendant to extend the opt−out time period ; Notice. (vmj) (Entered: 06/06/2003)

MOTION by defendant to clarify court order ; Notice. (vmj) (Entered: 06/06/2003)

ADDITIONAL ATTORNEY APPEARANCE for plaintiff by Michael Lee Maduff. (vmj) (Entered: 06/06/2003)

RESPONSE by plaintiffs' to deendants motion to extend the opt−out time period [54−1]. (vmj) (Entered: 06/06/2003)

RESPONSE by plaintiffs' to defendants' motion to clarify court order [55−1] (Attachment). (vmj) (Entered: 06/06/2003)

NOTICE of filing by plaintiffs regarding response [59−1], response [58−1], response [57−1], attorney appearance [56−1]. (vmj) (Entered: 06/06/2003)

MINUTE ORDER of 6/5/03 by Hon. Milton I. Shadur: Defendants' motion to clarify court order is denied as moot [55−1] on the grounds that persons who have opted out are not "class members". Defendants' motion to extend is denied [54−1]. Defendants' motion to compel depositions of class members is granted [53−1] as modified by this court's oral ruling. Mailed notice (vmj) (Entered: 06/06/2003)

SCHEDULE set on 6/16/03 by Hon. Milton I. Shadur : Status hearing held. Status hearing continued to 8:45 8/14/03 . Telephoned notice (srn) (Entered: 06/16/2003)

EMERGENCY MOTION by plaintiffs' to quash depositions of class members (Attachments); Notice. (vmj) (Entered: 06/24/2003)

MINUTE ORDER of 6/23/03 by Hon. Milton I. Shadur: For the reasons stated orally in open court, plaintiffs' motion to quash depositions of class members is granted [62−1]. No further depositions will be taken prior to the scheduled opt−out date of 6/30/03. The court reserves the possibility of reexamining decisions either to opt out or not to opt out based on any subsequent developments that may be brought to this court's attention. Mailed notice (vmj) (Entered: 06/24/2003)

LETTER from Gregory A Shoemaker to court dated 6/26/03. (vmj) (Entered: 07/15/2003)

MOTION by intervenor Azim Hanieh to intervene and/or amend complaint instanter (Attachment); Notice. (vmj) (Entered: 07/14/2003)

RESPONSE by defendants' to Azim Hanieh's motion to intervene and/or amend complaint instanter (Attachment); Notice. (vmj) (Entered: 07/11/2003)

MINUTE ORDER of 7/14/03 by Hon. Milton I. Shadur: Azim Haneih's motion to intervene is denied on mootness grounds. Haneih's motion to amend complaint is denied without prejudice [65−1]. Mailed notice (vmj) (Entered: 07/15/2003)

SCHEDULE set on 8/14/03 by Hon. Milton I. Shadur : Telephonic Status hearing held. Telephonic Status hearing continued to 8:45 10/14/03 . Telephoned notice (srn) (Entered: 08/14/2003)

MOTION by plaintiffs for protective order (Attachments); Notice. (vmj) (Entered: 08/28/2003)

MINUTE ORDER of 8/27/03 by Hon. Milton I. Shadur: Plaintiff's motion for protective order is denied [68−1] but subject to the limitation on the deposition as stated by the court's oral ruling. Mailed notice (vmj) (Entered: 08/28/2003)

SCHEDULE set on 10/7/03 by Hon. Milton I. Shadur : Status hearing reset to 8:45 10/17/03. The OCtober 14 status is vacated . Mailed notice (srn) (Entered: 10/07/2003)

SCHEDULE set on 10/17/03 by Hon. Milton I. Shadur : Telephonic Status hearing held. Telephonic Status hearing continued to 8:45 12/3/03 . Telephoned notice (srn) (Entered: 10/17/2003)

NOTICE by Deanne S Medina of change of address, telephone and fax number and firm name; Notice. (vmj) (Entered: 11/07/2003)

SCHEDULE set on 12/3/03 by Hon. Milton I. Shadur : Telephonic Status hearing held. Status hearing continued to 8:45 2/12/04 . Telephoned notice (srn) (Entered: 12/03/2003)

AGREED MOTION by plaintiff to change briefing schedule and reschedule status hearing ; Notice. (vmj) (Entered: 02/09/2004)

MINUTE ORDER of 2/6/04 by Hon. Milton I. Shadur: Agreed motion to change briefing schedule [71−1] and to reschedule status hearing [71−2] is granted. Parties have to and including 3/5/04 in which to file cross−motions to compel and responses. A telephonic status hearing is set for 3/16/04 at 8:45 a.m. The February 12 status date is vacated. Mailed notice (vmj) (Entered: 02/09/2004)

MOTION by defendants to compel ; Memorandum in support (Attachments); Notice. (vmj) (Entered: 03/17/2004)

MOTION by plaintiffs' to compel interrogatory responses and the production of documents ; Notice. (vmj) (Entered: 03/17/2004)

APPENDIX filed by plaintiffs to motion to compel interrogatory responses [77−1] and the production of documents [77−2]. (vmj) (Entered: 03/17/2004)

AGREED MOTION by plaintiff to change briefing schedule ; Notice. (vmj) (Entered: 03/03/2004)

MINUTE ORDER of 3/3/04 by Hon. Milton I. Shadur: Agreed motion to change briefing schedule is granted [73−1]. Responses to cross−motions to compel are to be filed on or before 3/11/04. The 3/16/04 status hearing is reset to 3/22/04 at 8:45 and will be conducted telephonically. Mailed notice (vmj) (Entered: 03/03/2004)

MEMORANDUM by defendants' in opposition to plaintiffs' motion to compel interrogatory responses [77−1] and the production of documents [77−2]; Notice. (vmj) (Entered: 03/17/2004)

RESPONSE by plaintiffs' in objection to defendants' motion to compel [79−1] (Attachment); Notice. (vmj) (Entered: 03/17/2004)

REFERRAL ORDER: Case referred to Hon. Nan R. Nolan for discovery motions Mailed notice. (srn) (Entered: 03/16/2004)

MINUTE ORDER of 3/16/04 by Hon. Milton I. Shadur: Defendants' motion to compel and plaintiffs' motion to compel are referred to Magistrate Judge Nolan. The March 22 status date is vacated unless counsel has other matters to address in this action. If a status hearing is needed on March 22, counsel is expected to notify this court's minute clerk promptly. A further status hearing is set for 4/26/04 at 8:45 a.m. Mailed notice (vmj) (Entered: 03/17/2004)

MINUTE ORDER of 3/19/04 by Hon. Nan R. Nolan: Oral argument on parties motions to compel [77−1] and [76−1] set for 3/30/04 at 10:00 a.m. before Magistrate Judge Nolan in courtroom 1858. Michelle Cain for defendant's to participate by telephone. Courtroom deputy will initiate the call. Mailed notice (vmj) (Entered: 03/22/2004)

SCHEDULE set on 3/29/04 by Hon. Nan R. Nolan : Oral argument on parties motions to compel [77−1] and [76−1] is re−set for 4/2/04 at 9:00 a.m. Mailed notice (hmb) (Entered: 03/29/2004)

MINUTE ORDER of 4/2/04 by Hon. Nan R. Nolan: Motion hearing held. Plaintifs' motion to compel [77−1] and defendants' motion to compel [76−1] are entered and continued. Ruling on motions and status hearing set for 5/4/04 at 9:30 a.m. Mailed notice (vmj) (Entered: 04/05/2004)

MINUTE ORDER of 4/23/04 by Hon. Nan R. Nolan: For the reasons stated in the attached order, plaintiffs' motion to compel interrogatory responses [77−1] and the production of documents [77−2] is granted to the extent described in this order. Defendants' motion to compel is denied [76−1] with the exception of documentation concerning class members' alleged damages and their efforts to mitigate damages. Status hearing set before Judge Nolan on 5/4/04 at 9:30 a.m. is stricken. All matters related to the referral of this action having been resolved, the case is returned to the assigned judge. Terminating the case referral to Hon. Nan R. Nolan (Entered Order) Notices mailed by judge's staff (vmj) (Entered: 04/26/2004)

SCHEDULE set on 5/3/04 by Hon. Milton I. Shadur : Status hearing reset to 8:45 5/5/04 . Telephoned notice (srn) (Entered: 05/03/2004)

MINUTE ORDER of 5/5/04 by Hon. Milton I. Shadur: Status hearing held and continued to 7/20/04 at 8:45 a.m. Defendant has to and including 5/26/04 in which to complete the delivery of documents in accordance with Magistrate Judge Nolan's order. The next status hearing will be conductd telephonically with counsel responsible for initiating and placing the conference call to chambers at (312) 435−5766. Mailed notice (vmj) (Entered: 05/06/2004)

SCHEDULE set on 7/16/04 by Hon. Milton I. Shadur : Status hearing reset to 8:30 7/21/04 . Telephoned notice (srn) (Entered: 07/16/2004)

RESPONSE by defendants to plaintiffs' motion to compel compliance with discovery; Notice. (vmj) (Entered: 07/22/2004)

SCHEDULE set on 7/21/04 by Hon. Milton I. Shadur : Telephonic Status hearing held. Telephonic Status hearing continued to 8:45 8/23/04 . Telephoned notice (srn) (Entered: 07/21/2004)

ADDITIONAL ATTORNEY APPEARANCE for defendant Durham Trans by Robert D. Younger. (vmj) (Entered: 08/05/2004)