Case: Hulteen v. AT&T Corporation

U.S. Court of Appeals for the Ninth Circuit

COMPLAINT Summons(es) issued; Fee status pd entered on 3/20/01 in the amount of $ 150 ( Receipt No. 4403272); jury demand [3:01−cv−01122] (rayp, COURT STAFF) (Entered: 03/28/2001)

ORDER RE COURT PROCEDURE and SCHEDULE (ADR Multi−Option) by Mag. Judge Elizabeth D. Laporte : counsels' case management statement to be filed by 7/17/01 ; initial case management conference will be held 10:30 7/24/01 . (cc: all counsel) [3:01−cv−01122] (rayp, COURT STAFF) (Entered: 03/28/2001)

SUMMONS issued as to defendant ATTMgmt Pension Pl, defendant ATTCorp., defendant ATTPension Plan, defendant ATTEmployees [3:01−cv−01122] (rayp, COURT STAFF) (Entered: 03/28/2001)

WAIVER OF SERVICE by defendant served on 4/18/01 in response to the Request for Waiver sent on 4.12.01 [3:01−cv−01122] (rayp, COURT STAFF) (Entered: 05/11/2001)

NOTICE by counsel for Noreen Hulteen, Eleanora Collet, Arma Horton, Elizabeth Snyder of change of address [3:01−cv−01122] (rayp, COURT STAFF) (Entered: 06/01/2001)

DECLINATION to proceed before magistrate by defendant ATTMgmt Pension Pl, defendant ATTCorp., defendant ATTPension Plan, defendant ATTEmployees [3:01−cv−01122] (scu, COURT STAFF) Modified on 07/06/2001 (Entered:

MOTION before Mag. Judge Elizabeth D. Laporte by defendant ATTMgmt Pension Pl, defendant ATTCorp., defendant ATTPension Plan, defendant ATTEmployees for attorney to appear pro hac vice . Fee status paid. [3:01−cv−01122] (scu, COURT STAFF) Modified on 07/06/2001 (Entered: 06/15/2001)

CLERK'S NOTICE of impending reassignment to a United States District Judge [3:01−cv−01122] (scu, COURT STAFF) Modified on 07/06/2001 (Entered: 06/15/2001)

RECEIVED Proposed Order ( defendant ATTMgmt Pension Pl, defendant ATTCorp., defendant ATTPension Plan, defendant ATTEmployees ) re: motion for attorney to appear pro hac vice . Fee status paid. [9−1], re: motion for attorney to appear pro hac vice . Fee status paid. [8−1] [3:01−cv−01122] (scu, COURT STAFF) (Entered: 06/15/2001)

ORDER by Executive Committee Case reassigned to Judge Martin J. Jenkins ( Date Entered: 06/12/01) (cc: all counsel) [3:01−cv−01122] (be, COURT STAFF) (Entered: 06/12/2001)

PROOF OF SERVICE by defendant of Magistrate order [6−1] [3:01−cv−01122] (kpc, COURT STAFF) Modified on 07/06/2001 (Entered: 06/18/2001)

Docket Modification (Administrative) REFERRING to Judge Martin J. Jenkins the applications for attorneys to appear pro hac vice (Fee status paid) [9−1] [8−1]. [3:01−cv−01122] (lmh, COURT STAFF) (Entered: 06/25/2001)

ANSWER by defendants to complaint [1−1] [3:01−cv−01122] (slh, COURT STAFF) Modified on 07/06/2001 (Entered: 06/18/2001)

CLERK'S NOTICE: Case Management Conference set for 2:00 8/7/01 ; joint case management statement due 10 days prior to conference. [3:01−cv−01122] (slh, COURT STAFF) Modified on 07/06/2001 (Entered: 06/15/2001)

ORDER by Judge Martin J. Jenkins granting defendants' motion for attorney Charles C. Jackson to appear pro hac vice [8−1] (cc: all counsel) [3:01−cv−01122] (tn, COURT STAFF) Modified on 07/06/2001 (Entered: 06/28/2001)

ORDER by Judge Martin J. Jenkins granting defendants' motion for attorney Allegra R. Rich to appear pro hac vice [7−1] (cc: all counsel) [3:01−cv−01122] (tn, COURT STAFF) Modified on 07/06/2001 (Entered: 06/28/2001)

LETTER dated 6/22/01 from plaintiff's counsel Judith E. Kurtz clarifying her change of address. [3:01−cv−01122] (slh, COURT STAFF) Modified on 07/06/2001 (Entered: 07/06/2001)

NOTICE of need for ADR Phone Conference (L.R. 3−5) filed by parties. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 07/10/2001)

Telephone conference with ADR director :MRA [3:01−cv−01122] (mra, COURT STAFF) (Entered: 07/24/2001)

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/01/2001)

MINUTES: (C/R not reported) Initial case management conference held 8/7/01; Further case management conference set for 2:00 2/5/02 ; updated CMC statement due 1 week prior to conference. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/20/2001)

JOINT CASE MANAGEMENT STATEMENT [3:01−cv−01122] (slh, COURT STAFF) (Entered: 01/29/2002)

REQUEST by Plaintiff Communications Wrkrs to participate by telephone in the case management conference. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 02/04/2002)

REQUEST by defendant for leave to participate in subsequent case management conference by telephone. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 02/04/2002)

CLERK'S NOTICE: Case Management Conference set for 1:45 5/7/02 ; joint case management statement due 10 days prior to conference. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 02/06/2002)

JOINT CASE MANAGEMENT STATEMENT [3:01−cv−01122] (slh, COURT STAFF) (Entered: 04/29/2002)

MINUTES: (C/R not reported) (Hearing Date: 5/7/02) Case management conference held; discovery is ongoing; Further status conference set for 2:00 8/6/02 to check on the status of the Joint Stipulated Facts. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 05/09/2002)

NOTICE OF MOTION AND MOTION before Judge Martin J. Jenkins by Plaintiff for Rule 23(d) Order with Notice set for 6/18/02 at 9:30 [3:01−cv−01122] (slh, COURT STAFF) (Entered: 05/16/2002)

MEMORANDUM OF POINTS AND AUTHORITIES by Plaintiff in support of motion for Rule 23(d) Order [26−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 05/16/2002)

DECLARATION by Jean Thomas on behalf of Plaintiff in support of motion for Rule 23(d) Order [26−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 05/16/2002)

DECLARATION by Judith E. Kurtz on behalf of Plaintiff in support of motion for Rule 23(d) Order [26−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 05/16/2002)

OPPOSITION by defendants to plaintiff's motion for Rule 23(d) Order [26−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 05/29/2002)

REPLY BRIEF by Plaintiff in support of motion for Rule 23(d) Order [26−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 06/05/2002)

SECOND DECLARATION by Judith E. Kurtz on behalf of Plaintiff in support of motion for Rule 23(d) Order [26−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 06/05/2002)

JOINT STATUS REPORT [3:01−cv−01122] (slh, COURT STAFF) (Entered: 06/10/2002)

MINUTES: (C/R Kathy Wyatt) (Hearing Date: 6/18/02) denying without prejudice plaintiff's motion for Rule 23(d) Order [26−1]; Status Conference set for 2:00 7/2/02 [3:01−cv−01122] (slh, COURT STAFF) (Entered: 06/19/2002)

REPORTER'S TRANSCRIPT; Date of proceedings: 6/18/02 (C/R: Kathy Wyatt) minutes [34−2] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 06/28/2002)

PARTIES' STIPULATION as to protective order [3:01−cv−01122] (slh, COURT STAFF) (Entered: 06/28/2002)

MINUTES: (C/R not reported) (Hearing Date: 7/2/02) Staus conference held; Court orally approves the propsoed protective order and will sign; further status conference will be held 2:30 7/12/02 [3:01−cv−01122] (slh, COURT STAFF) (Entered: 07/10/2002)

MINUTES: (C/R not reported) (Hearing Date: 7/12/02) Status conference held; parties are to meet and confer to discuss any further changes to the notice; present hearing date for status conference remains 8/6/02 at 2:00 [3:01−cv−01122] (slh, COURT STAFF) (Entered: 07/16/2002)

JOINT CASE MANAGEMENT STATEMENT [3:01−cv−01122] (slh, COURT STAFF) (Entered: 07/29/2002)

MINUTES: (C/R not reported) (Hearing Date: 8/6/02) Status conference held; Status conference set for 2:00 10/1/02 ; case continued to 1/21/03 for motion for summary judgment re; relationship of entities; letter to Court re: the Fiduciary issue due by parties 8/30/02. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/14/2002)

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 09/26/2002)

STIPULATION and ORDER by Judge Martin J. Jenkins for leave to file a First Amended Complaint substituting Linda Porter as a named plaintiff in the place of Arma Horton; dismissing plaintiff Arma Horton without prejudice to her rights to recover any damages to which she might be entitled upon resolution of this lawsuit (cc: all counsel) [3:01−cv−01122] (slh, COURT STAFF) (Entered: 09/27/2002)

PLAINTIFFS' SUPPLEMENTAL CASE MANAGEMENT STATEMENT filed. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 10/02/2002)

MINUTES: (C/R Diane Skillman) (Hearing Date: 10/1/02) Status conference held; Further status conference set for 3:30 2/25/03 ; opening briefs deadline 11/14/02; oppositions due 12/18/02; replys due 1/24/03. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 10/08/2002)

ANSWER by defendant to first amended complaint [3:01−cv−01122] (slh, COURT STAFF) (Entered: 10/11/2002)

CLERK'S NOTICE that the motion for summary judgment is reset for 2/4/03 at 9:30. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 10/24/2002)

AMENDED CLERK'S NOTICE that the motion for summary judgment is reset for 2/25/03 at 9:30. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 10/29/2002)

Docket Modification (Administrative) to clerk notice [48−1] motion hearing set for 9:30 2/25/03 [3:01−cv−01122] (slh, COURT STAFF) (Entered: 10/29/2002)

PROOF OF SERVICE by Plaintiff of stipulation and order [3:01−cv−01122] (slh, COURT STAFF) (Entered: 11/01/2002)

ORDER by Judge Martin J. Jenkins for production of documents ; see Order for specifics. (Date Entered: 11/13/02) (cc: all counsel) [3:01−cv−01122] (slh, COURT STAFF) (Entered: 11/13/2002)

DECLARATION by Judith E. Kurtz in support of Stipulation and Order to enlarge time and exceed page limitation. [3:01−cv−01122] (slh, COURT STAFF) (Entered: 11/15/2002)

ORDER by Judge Martin J. Jenkins GRANTING the request to enlarge time to 11/19/02 to file opening briefs; DENYING the request to exceed the page limitation. (Date Entered: 11/15/02) (cc: all counsel) [3:01−cv−01122] (slh, COURT STAFF) (Entered: 11/15/2002)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Martin J. Jenkins by Plaintiffs for summary judgment with Notice set for 2/25/03 at [3:01−cv−01122] (slh, COURT STAFF) (Entered: 11/20/2002)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Martin J. Jenkins by defendant for summary judgment , and/or for judgment on the pleadings with Notice set for 2/25/03 at 9:30

DECLARATION by Brian M. Byrnes on behalf of defendants in support of motion for summary judgment [54−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 11/20/2002)

APPENDIX of unpublished cases filed by defendants in support of motion for summary judgment [54−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 11/20/2002)

PARTIES' JOINT STIPULATION of fact in support of their respective motions for summary judgment [53−1], [54−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 11/20/2002)

JOINT APPENDIX of evidentiary materials filed by parties in support of motions for summary judgment [53−1], [54−1] (Volume I) [3:01−cv−01122] (slh, COURT STAFF) (Entered: 11/20/2002)

JOINT APPENDIX of evidentiary materials filed by parties in support of motions for summary judgment [53−1], [54−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 11/20/2002)

JOINT APPENDIX of evidentiary marterials filed by parties in support of motions for summary judgment [53−1], [54−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 11/20/2002)

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Martin J. Jenkins by defendant for summary judgment and/or for judgment on the pleadings with Notice set for 2/25/03 9:30 a.m. [3:01−cv−01122] (gba, COURT STAFF) (Entered: 11/21/2002)

PROOF OF SERVICE by defendant of motion for summary judgment [62−1], motion for judgment on the pleadings [62−2] [3:01−cv−01122] (gba, COURT STAFF) (Entered: 11/21/2002)

MEMORANDUM OF LAW by defendant in opposition to plaintiff's motion for summary judgment [53−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 12/19/2002)

DECLARATION by Charles C. Jackson on behalf of defendant in opposition to motion for summary judgment [53−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 12/19/2002)

OPPOSITION by Plaintiff to defendant's motion for summary judgment [62−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 12/19/2002)

DECLARATION by Judith E. Kurtz on behalf of Plaintiff in opposition to motion for summary judgment [62−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 12/19/2002)

DECLARATION by Patrick M. Scanlon on behalf of Plaintiff in opposition to motion for summary judgment [62−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 12/19/2002)

APPENDIX of Congressional Materials filed by Plaintiff in support of opposition to defendant's motion for summary judgment [62−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 12/19/2002)

OBJECTIONS by Plaintiff to evidence [3:01−cv−01122] (slh, COURT STAFF) (Entered: 12/19/2002)

PROOF OF SERVICE by Plaintiff of opposition [66−1], declaration [67−1], declaration [68−1], documents [69−1], objection [70−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 12/19/2002)

REPLY by Plaintiffs to defendant's opposition to motion for summary judgment [53−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 01/29/2003)

SUPPLEMENTAL JOINT APPENDIX of evidentiary materials filed by Plaintiff in support of motion for summary judgment [53−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 01/29/2003)

DECLARATION by Mary Ann Ranz on behalf of Plaintiff re motion for summary judgment [53−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 01/29/2003)

REPLY MEMORANDUM by defendant in support of motion for summary judgment [62−1], and/or motion for judgment on the pleadings [62−2] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 01/29/2003)

APPENDIX of Non−Federal Authorities cited in reply brief filed by defendant [3:01−cv−01122] (slh, COURT STAFF) (Entered: 01/29/2003)

REPLY by Plaintiff to defendants' opposition to motion for summary judgment [53−1] [corrected] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 01/30/2003)

OPPOSITION by defendant to plaintiff's objections to evidence [70−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 02/06/2003)

CLERK'S NOTICE resetting hearing on motion for summary judgment [62−1], motion for summary judgment [53−1] 9:30 3/18/03 [3:01−cv−01122] (slh, COURT STAFF) (Entered: 02/21/2003)

DECLARATION by Mary K. O'Melveny in support of stipulation and order to reschedule hearing date on cross−motions for summary judgment [53−1],[62−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 03/03/2003)

STIPULATION and ORDER by Judge Martin J. Jenkins: resetting hearing on cross−motions for summary judgment [53−1] [62−1] 9:30 4/8/03 (cc: all counsel) [3:01−cv−01122] (slh, COURT STAFF) (Entered: 03/03/2003)

DECLARATION by Allegra R. Rich on behalf of defendant in support of the parties' stipulation and order to modify FMP Release Addendum [3:01−cv−01122] (slh, COURT STAFF) (Entered: 03/25/2003)

STIPULATION and ORDER by Judge Martin J. Jenkins : to modify FMP Release Addendum ; Addendum attached to stipulation (cc: all counsel) [3:01−cv−01122] (slh, COURT STAFF) (Entered: 03/27/2003)

PROOF OF SERVICE by Plaintiff of stipulation and order to modify FMP Release Addendum [84−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 04/08/2003)

MINUTES: (C/R Kathy Wyatt) (Hearing Date: 4/8/03) that defendant's motion for summary judgment [62−1] and/or motion for judgment on the pleadings [62−2] is submitted; that plaintiffs motion for summary judgment [53−1] is submitted; Court to issue Order [3:01−cv−01122] (slh, COURT STAFF) (Entered: 04/09/2003)

REPORTER'S TRANSCRIPT; Date of proceedings: 4/8/03 (C/R: Katherine Wyatt) minutes [86−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 07/10/2003)

ORDER by Judge Martin J. Jenkins GRANTIN IN PART AND DENYING IN PART plaintiff's motion for summary judgment [53−1]; GRANTING IN PART AND DENYING IN PART defendant's motion for summary judgment [62−1] (Date Entered: 8/8/03) (cc: all counsel) [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/08/2003)

CLERK'S NOTICE: Status conference set for 2:00 8/19/03 [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/08/2003)

AMENDED ORDER by Judge Martin J. Jenkins GRANTING IN PART AND DENYING IN PART plaintiff's motion for summary judgment [53−1]; GRANTING IN PART AND DENYING IN PART defendant's motion for summary judgment [62−1]; see Order for specifics. (Date Entered: 8/12/03) (cc: all counsel) [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/12/2003)

DECLARATION by Stephanie Bornstein in support of stipulation and order to reschedule status conference [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/18/2003)

NOTICE by Plaintiffs of change of address [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/19/2003)

STIPULATION and ORDER by Judge Martin J. Jenkins : Status conference reset for 2:00 9/30/03 (cc: all counsel) [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/19/2003)

NOTICE OF MOTION AND MOTION before Judge Martin J. Jenkins by defendant ATTCorp. for the Court to amend its summary judgment order pursuant to 28 USC 1292(b) and FRAP 5(a)(3) with Notice set for 9/30/03 at 2:00 [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/21/2003)

PROOF OF SERVICE of stipulation and order [93−2] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/26/2003)

AMENDED NOTICE of hearing by defendant setting motion for the Court to amend its summary judgment order pursuant to 28 USC 1292(b) and FRAP 5(a)(3) [94−1] ; hearing set for 9:30 9/30/03 [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/27/2003)

NOTICE by defendant of change of firm name [3:01−cv−01122] (slh, COURT STAFF) (Entered: 08/27/2003)

OPPOSITION by Plaintiff to defendant's motion for the Court to amend its summary judgment order pursuant to 28 USC 1292(b) and FRAP 5(a)(3) [94−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 09/10/2003)

REPLY by defendant ATTCorp. in support of its motion for the Court to amend its summary judgment order pursuant to 28 USC 1292(b) and FRAP 5(a)(3) [94−1] [3:01−cv−01122] (slh, COURT STAFF) (Entered: 09/18/2003)

JOINT CASE MANAGEMENT STATEMENT [3:01−cv−01122] (slh, COURT STAFF) (Entered: 09/22/2003)