Civil Rights Litigation Clearinghouse

Case: Hubbard v. Potter

1:03-cv-01062 | U.S. District Court for the District of Columbia

Filed Date: May 14, 2003

Closed Date: 2013

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Case Summary

On May 14, 2003, deaf and hard-of-hearing employees of the United States Postal Service, on their own behalf and on behalf of a class of people similarly situated, filed a lawsuit in the U.S. District Court for the District of Columbia against the Postmaster General of the United States Postal Service in his official capacity, under The Rehabilitation Act 29 U.S.C. § 791 et. seq. after beginning an action with the EEOC that stalled for about seven months. The plaintiffs, represented by private …

The plaintiffs alleged that the defendants failed to provide reasonable accommodations as required by the Rehabilitation Act and thereby caused the plaintiffs and their putative class to suffer harm of frustration, anxiety, fear and distress conditions particularly exacerbated by the anthrax threat in 2001. Specifically, the complaint alleged that the defendant discriminated against the plaintiffs and their putative class by failing to provide licensed sign language interpreters to its deaf and hard-of-hearing employees during important staff meetings that discussed safety, work place practices, and Postal Service policies.

On May 26, 2004, the District Court (Judge Richard J. Leon) granted the defendant's motion to strike and dismiss the class action portions of the plaintiffs' complaint because the plaintiffs failed to show that their claims were common and typical of their class as required by Federal Rules of Civil Procedure 23(a). However, the Court granted in part the plaintiff's motion to compel and denied the defendants's motion for a protective order. The parties proceeded to discovery.

During the next six years, the parties engaged in various discovery disputes and plaintiffs entered several amended complaints. In 2010, the parties engaged in settlement negotiations and mediation.

On October 24, 2011, the plaintiffs filed an unopposed motion for class certification and court approval of attached Global Settlement Agreement among the parties.

On October 19, 2012, in an order, the District Court (Judge Leon) certified the class for purposes of settlement and granted leave for the plaintiffs to amend their complaint, a hearing for the final settlement agreement, and preliminary approval.

In compliance with Judge Leon's order, the plaintiffs filed their third amended class action compliant alleging the defendant failed to provide reasonable accommodations and that failure "impeded [plaintiffs'] ability to perform an essential job function." The plaintiff also added plaintiffs from a parallel action against the defendant then being litigated in front of the EEOC whose added allegations where incorporated into the class definition quoted above.

On July 31, 2013, the District Court (Judge Leon) approved the Global Settlement Agreement that awarded the plaintiffs $4.33 million, including $1,550,000 for plaintiffs' attorneys fees and expenses, and $3,525,783 in compensatory damages. The Court also granted an injunction that, among other things, required: the to defendant provide alternative means of communication to their deaf and hard-of-hearing employees for "important workplace communications" upon request; the defendant to create the Postal Service Reasonable Accommodation Assistance Center to monitor provision of reasonable accommodations in the postal service; and both parties to appoint a independent ombudsmen for three years to enforce the agreement.

The District Court stayed dismissal of the case for a period of three years in order to retain jurisdiction with respect to enforcement of the terms of the agreement. The period of enforcement ran from August 30, 2013-August 30, 2016 without further litigation or conflict. The parties completed their respective obligations pursuant the settlement agreement and the case was voluntarily dismissed with prejudice on September 8, 2016.

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Summary Authors

Brian Kempfer (11/30/2013)

Chelsea Rinnig (3/23/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4499050/parties/hubbard-v-potter/

Judge(s)

Facciola, John M. (District of Columbia)

Leon, Richard J. (District of Columbia)

Attorneys(s) for Plaintiff

Coffin, Shannen W. (District of Columbia)

Denig, Christopher Michael (District of Columbia)

Duraiswamy, Shankar (District of Columbia)

Flesch, Kevin C. (Colorado)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Handley, Matthew K. (District of Columbia)

Huhta, Susan E. (District of Columbia)

Jones, Phyllis A. (District of Columbia)

Judge(s)

Facciola, John M. (District of Columbia)

Leon, Richard J. (District of Columbia)

Attorneys(s) for Plaintiff

Coffin, Shannen W. (District of Columbia)

Denig, Christopher Michael (District of Columbia)

Duraiswamy, Shankar (District of Columbia)

Flesch, Kevin C. (Colorado)

Gardner, Elizabeth [Elaine] Elaine (District of Columbia)

Handley, Matthew K. (District of Columbia)

Huhta, Susan E. (District of Columbia)

Jones, Phyllis A. (District of Columbia)

Lang, Lindsey Bishop (District of Columbia)

Mathers, Carla M. (Maryland)

McCollum, James E. Jr. (Maryland)

Palmer, Shaun M. (District of Columbia)

Shihata, Nadia Ibrahim (District of Columbia)

Shipchandler, Shamoil Tamim (District of Columbia)

Williamson, Thomas S. Jr. (District of Columbia)

Attorneys(s) for Defendant

Contreras, Rudolph (District of Columbia)

Ellis, David B. (District of Columbia)

Fry, Elisabeth Boyan (District of Columbia)

Good, Kathryn A. (District of Columbia)

Lo, Michelle (District of Columbia)

Machen, Ronald C (District of Columbia)

McDaniel, Oliver W. (District of Columbia)

Russell, Beverly M (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:03-cv-01062	Docket [PACER]	Sept. 8, 2016	Sept. 8, 2016 Docket
1 1:03-cv-01062	Class Action Complaint	May 14, 2003	May 14, 2003 Complaint
29 1:03-cv-01062	Memorandum Opinion and Order	May 26, 2004	May 26, 2004 Order/Opinion
108 1:03-cv-01062	Memorandum Opinion 2007 WL 604949	Feb. 22, 2007	Feb. 22, 2007 Order/Opinion
122 1:03-cv-01062	Memorandum Opinion 247 F.R.D. 27, 2008 WL 43867	Jan. 3, 2008	Jan. 3, 2008 Order/Opinion
149 1:03-cv-01062	Third Amended Class Action Complaint	Oct. 21, 2011	Oct. 21, 2011 Complaint
138-2 1:03-cv-01062	Global Settlement Agreement	Oct. 21, 2011	Oct. 21, 2011 Settlement Agreement
167 1:03-cv-01062	Memorandum Opinion 2013 WL 3943495	July 31, 2013	July 31, 2013 Order/Opinion
168 1:03-cv-01062	Order [Final Judgment]	July 31, 2013	July 31, 2013 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Hubbard Class Action Settlement Website	This is the website for the Global Settlement Agreement in the Hubbard v. Potter class action case prepared by the plaintiffs' attorneys.	Sept. 9, 2013	Sept. 9, 2013 http://www.hubbardsettlement.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4499050/hubbard-v-potter/

Last updated July 23, 2022, 3:12 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against JOHN E. POTTER (Filing fee $ 150.), filed by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER.(nmw, ) (Entered: 05/16/2003)	May 14, 2003	May 14, 2003 PACER
2	ATTORNEY APPEARANCE. (McDaniel, Oliver) (Entered: 05/30/2003)	May 30, 2003	May 30, 2003 PACER
3	MOTION for Extension of Time to File Answer re 1 Complaint or Other Response and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 07/10/2003)	July 10, 2003	July 10, 2003 PACER
4	ORDER granting 3 MOTION for Extension of Time to File Answer re 1 Complaint or Other Respond. Defendant shall have up to and including 8/22/03, to answer or to otherwise respond. Signed by Judge Richard J. Leon on 7/12/03. (whb) (Entered: 07/14/2003)	July 14, 2003	July 14, 2003 PACER
5	MOTION for Extension of Time to File Motion for Class Certification and Memorandum in Support Thereof by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER. (Denig, Christopher) (Entered: 08/04/2003)	Aug. 4, 2003	Aug. 4, 2003 PACER
6	NOTICE of Appearance by Carla M. Mathers, James E. McCollum Jr. on behalf of BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER (jf, ) (Entered: 08/07/2003)	Aug. 6, 2003	Aug. 6, 2003 PACER
7	ANSWER to Complaint by JOHN E. POTTER.(McDaniel, Oliver) (Entered: 08/22/2003)	Aug. 22, 2003	Aug. 22, 2003 PACER
8	NOTICE of Appearance by Elizabeth Elaine Gardner on behalf of all plaintiffs (Gardner, Elizabeth) (Entered: 10/27/2003)	Oct. 27, 2003	Oct. 27, 2003 PACER
9	ENTERED IN ERROR.....REPORT of Rule 26(f) Planning Meeting. (Denig, Christopher) Modified on 11/14/2003 (jf, ). (Entered: 11/13/2003)	Nov. 13, 2003	Nov. 13, 2003 PACER
10	MOTION to Dismiss, MOTION to Strike 1 Complaint (Class Allegations) and Memorandum of Points and Authorities in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order # 2 Attachment)(McDaniel, Oliver) (Entered: 11/13/2003)	Nov. 13, 2003	Nov. 13, 2003 PACER
11	MEET AND CONFER STATEMENT. (Denig, Christopher) (Entered: 11/14/2003)	Nov. 14, 2003	Nov. 14, 2003 PACER
12	Memorandum in opposition to motion re 10 to strike or dismiss the class allegations of the complaint filed by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER. (Denig, Christopher) (Entered: 11/28/2003)	Nov. 28, 2003	Nov. 28, 2003 PACER
13	Consent MOTION to Continue Status Conference by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER. (Denig, Christopher) (Entered: 12/04/2003)	Dec. 4, 2003	Dec. 4, 2003 PACER
14	ORDER GRANTING re 13 Consent MOTION to Continue Status Conference filed by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER Status Conference set for 1/13/2004 11:00 AM in Courtroom 7 before Judge Richard J. Leon. Signed by Judge Richard J. Leon on 12/8/03. (zwhb) (Entered: 12/10/2003)	Dec. 10, 2003	Dec. 10, 2003 PACER
15	MOTION for Extension of Time to File Response/Reply as to 12 Memorandum in Opposition (Unopposed) and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/10/2003)	Dec. 10, 2003	Dec. 10, 2003 PACER
16	ORDER granting 15 MOTION for Extension of Time to File Response/Reply as to 12 Memorandum in Opposition and Memorandum in Support Thereof by JOHN E. POTTER Replies due by 12/17/2003.. Signed by Judge Richard J. Leon on 12/11/03. (zwhb) (Entered: 12/15/2003)	Dec. 15, 2003	Dec. 15, 2003 PACER
17	MOTION for Extension of Time to File Response/Reply as to 12 Memorandum in Opposition (Two-Day) and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/17/2003)	Dec. 17, 2003	Dec. 17, 2003 PACER
18	First MOTION to Compel Defendant to Respond to Plaintiffs' First Set of Interrogatories and Plaintiffs' First Request for Production of Documents by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER. (Attachments: # 1 Exhibit Plaintiffs' Discovery Requests# 2 Text of Proposed Order Plaintiffs' Proposed Order re: Motion to Compel)(Denig, Christopher) (Entered: 12/19/2003)	Dec. 19, 2003	Dec. 19, 2003 PACER
19	REPLY to opposition to motion re 10 Defendant's Motion to Strike or Dismiss Class Action Allegations of the Complaint filed by JOHN E. POTTER. (McDaniel, Oliver) (Entered: 12/19/2003)	Dec. 19, 2003	Dec. 19, 2003 PACER
20	MOTION for Protective Order and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order # 2 Attachment (Plaintiff's Discovery))(McDaniel, Oliver) (Entered: 12/19/2003)	Dec. 19, 2003	Dec. 19, 2003 PACER
21	MOTION for Extension of Time to Respond to Plaintiffs' Pre-conference Discovery Requests, and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/19/2003)	Dec. 19, 2003	Dec. 19, 2003 PACER
22	ORDER granting 17 MOTION for Extension of Time to File Response/Reply as to 12 Memorandum in Opposition (Two-Day) and Memorandum in Support Thereof by JOHN E. POTTER. Responses due by 12/19/2003. Signed by Judge Richard J. Leon on 12/20/03. (whb) (Entered: 12/22/2003)	Dec. 22, 2003	Dec. 22, 2003 PACER
23	ORDER granting 21 MOTION for Extension of Time to Respond to Plaintiffs' Pre-conference Discovery Requests, and Memorandum in Support Thereof by JOHN E. POTTER. Defendant shall have thirty days after the Court orders the commencment of discovery in this case to respond to plaintiff's discovery requests dated November 14, 2003. Signed by Judge Richard J. Leon on 12/24/03. (whb) (Entered: 01/05/2004)	Jan. 5, 2004	Jan. 5, 2004 PACER
24	ORDERED, that the taking of discovery be stayed in this case, at this time, relieving Defendant of any obligation to respond to or object to the seventeen interrogatories and fifty requests to produce . Signed by Judge Richard J. Leon on 1/7/04. (whb) (Entered: 01/09/2004)	Jan. 9, 2004	Jan. 9, 2004 PACER
25	SUPPLEMENTAL MEMORANDUM in Further Support of Plaintiffs' Class Action Complaint and in Support of Proceeding Immediately with Class Discovery from Plaintiffs. (Attachments: # 1 Affidavit Declaration of Carla Mathers# 2 Exhibit Exhibit A March 20, 2002 USPS Memorandum# 3 Exhibit Exhibit B USPS Affirmative Employment Plan Report)(Denig, Christopher) (Entered: 02/11/2004)	Feb. 11, 2004	Feb. 11, 2004 PACER
26	NOTICE of Appearance by Shamoil Tamim Shipchandler on behalf of BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER (Shipchandler, Shamoil) (Entered: 02/11/2004)	Feb. 11, 2004	Feb. 11, 2004 PACER
27	SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO STRIKE OR DISMISS CLASS ACTION ALLEGATIONS OF THE COMPLAINT from John E. Potter. (McDaniel, Oliver) (Entered: 02/11/2004)	Feb. 11, 2004	Feb. 11, 2004 PACER
28	ORDER granting 5 MOTION for Extension of Time to File Motion for Class Certification and Memorandum in Support Thereof by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER . Plaintiff's shall file their motion for class certification pursuant to Local Rule 23.1(b) at a time deemed appropriate by the Court. Signed by Judge Richard J. Leon on 3/10/04. (whb) (Entered: 03/11/2004)	March 11, 2004	March 11, 2004 PACER
29	MEMORANDUM OPINION AND ORDER: DENYING: re 20 MOTION for Protective Order filed by JOHN E. POTTER, GRANTING IN PART: 18 First MOTION to Compel Defendant to Respond to Plaintiffs' First Set of Interrogatories and Plaintiffs' First Request for Production of Documents filed by BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ, GEORGE R. WESTENBERGER, GRANTING WITHOUT PREJUDICE: 10 MOTION to Dismiss MOTION to Strike 1 Complaint (Class Allegations) filed by JOHN E. POTTER. Signed by Judge Richard J. Leon on 5/26/04. (whb) (Entered: 05/26/2004)	May 26, 2004	May 26, 2004 PACER
30	Second MOTION for Extension of Time to Complete Discovery and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 06/18/2004)	June 18, 2004	June 18, 2004 PACER
31	MOTION for Extension of Time to Complete Discovery (For One Day) by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 07/16/2004)	July 16, 2004	July 16, 2004 PACER
32	NOTICE OF TRANSCRIPT FILED for Motion hearing held on dates April 23, 2004; Court Reporter: Patty A. Gels. (jf, ) (Entered: 07/23/2004)	July 20, 2004	July 20, 2004 PACER
33	ORDER granting 31 MOTION for Extension of Time to Complete Discovery (For One Day) by JOHN E. POTTER. Defendant shall have up to an including 7/16/04, to respond to Plaintiff's discovery request. Signed by Judge Richard J. Leon on 7/24/04. (whb) (Entered: 07/27/2004)	July 27, 2004	July 27, 2004 PACER
34	MOTION for Judgment on the Pleadings by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 02/08/2005)	Feb. 8, 2005	Feb. 8, 2005 PACER
35	NOTICE of Filing Corrected Certificate of Service by JOHN E. POTTER re 34 MOTION for Judgment on the Pleadings (Attachments: # 1 Corrected Certificate of Service)(McDaniel, Oliver) (Entered: 02/08/2005)	Feb. 8, 2005	Feb. 8, 2005 PACER
36	NOTICE of Filing Stipulated Privacy Protection Order by GEORGE R. WESTENBERGER, JOHN E. POTTER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ (Attachments: # 1 Stipulated Privacy Protection Order)(McDaniel, Oliver) (Entered: 02/11/2005)	Feb. 11, 2005	Feb. 11, 2005 PACER
37	Memorandum in opposition to motion re 34 filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit Exhibits 1-7)(Denig, Christopher) (Entered: 02/22/2005)	Feb. 22, 2005	Feb. 22, 2005 PACER
38	MOTION to Compel by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit Exhibits 1-13)(Denig, Christopher) (Entered: 02/22/2005)	Feb. 22, 2005	Feb. 22, 2005 PACER
39	STIPULATED PRIVACY PROTECTION ORDER . Signed by Judge Richard J. Leon on 2/22/05. (whb) (Entered: 02/23/2005)	Feb. 23, 2005	Feb. 23, 2005 PACER
40	MOTION for Extension of Time to File Response/Reply as to 37 Memorandum in Opposition, 38 MOTION to Compel by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 03/03/2005)	March 3, 2005	March 3, 2005 PACER
41	Second MOTION for Extension of Time to File Response/Reply as to 37 Memorandum in Opposition, 38 MOTION to Compel by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 03/23/2005)	March 23, 2005	March 23, 2005 PACER
42	REPLY to opposition to motion re 34 filed by JOHN E. POTTER. (McDaniel, Oliver) (Entered: 03/28/2005)	March 28, 2005	March 28, 2005 PACER
43	Second MOTION for Protective Order by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order # 2 Memorandum of Points and Authorities)(McDaniel, Oliver) (Entered: 03/28/2005)	March 28, 2005	March 28, 2005 PACER
44	Memorandum in opposition to motion re 38 filed by JOHN E. POTTER. (Attachments: # 1 Exh. A (Supp. Doc. Prod. 2/11/05)# 2 Exh. B (Sample Survey Form)# 3 Exh. C (Survey Results))(McDaniel, Oliver) (Entered: 03/28/2005)	March 28, 2005	March 28, 2005 PACER
45	NOTICE of Filing Exhibit by JOHN E. POTTER re 43 Second MOTION for Protective Order, 44 Memorandum in Opposition (Attachments: # 1 Exhibit D (USPS Self-Identification of Handicap Form))(McDaniel, Oliver) (Entered: 03/29/2005)	March 29, 2005	March 29, 2005 PACER
46	REPLY to opposition to motion re 43 filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Denig, Christopher) (Entered: 04/07/2005)	April 7, 2005	April 7, 2005 PACER
47	MOTION to Stay Discovery by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 04/08/2005)	April 8, 2005	April 8, 2005 PACER
48	Memorandum in opposition to motion re 47 filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Denig, Christopher) (Entered: 04/12/2005)	April 12, 2005	April 12, 2005 PACER
49	MOTION for Leave to File An Amended Class Action Complaint by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit)(Denig, Christopher) (Entered: 07/12/2005)	July 12, 2005	July 12, 2005 PACER
50	MEMORANDUM re 49 MOTION for Leave to File An Amended Class Action Complaint filed by BRUCE C. HUBBARD,, JUDY M. SCHULD,, GRACE J. SHIRK-EMMONS,, LUCY I. STIEGLITZ,, GEORGE R. WESTENBERGER, by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Denig, Christopher) (Entered: 07/12/2005)	July 12, 2005	July 12, 2005 PACER
51	MOTION for Extension of Time to File Response/Reply as to 50 Memorandum,, 49 MOTION for Leave to File An Amended Class Action Complaint by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 07/25/2005)	July 25, 2005	July 25, 2005 PACER
52	NOTICE of Plaintiff's Consent by JOHN E. POTTER re 51 MOTION for Extension of Time to File Response/Reply as to 50 Memorandum,, 49 MOTION for Leave to File An Amended Class Action Complaint (McDaniel, Oliver) (Entered: 07/26/2005)	July 26, 2005	July 26, 2005 PACER
53	Second MOTION for Extension of Time to File Response/Reply as to 50 Memorandum,, 49 MOTION for Leave to File An Amended Class Action Complaint by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 08/09/2005)	Aug. 9, 2005	Aug. 9, 2005 PACER
54	Memorandum in opposition to motion re 49 filed by JOHN E. POTTER. (McDaniel, Oliver) (Entered: 08/16/2005)	Aug. 16, 2005	Aug. 16, 2005 PACER
55	ORDER denying 34 Motion for Judgment, denying without prejudice 38 Motion to Compel, denying without prejudice 43 Motion for Protective Order, granting 49 Motion for Leave to File, granting nunc pro tunc 51 Motion for Extension of Time to File Response/Reply, granting nunc pro tunc 53 Motion for Extension of Time to File Response/Reply; it is further ORDERED that the discovery period is re-stated. Signed by Judge Richard J. Leon on 08/22/05. (tb) (Entered: 08/22/2005)	Aug. 22, 2005	Aug. 22, 2005 PACER
58	FIRST AMENDED COMPLAINT against JOHN E. POTTERfiled by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ.(nmw, ) (Entered: 09/29/2005)	Aug. 22, 2005	Aug. 22, 2005 PACER
56	MOTION for Extension of Time to File Answer to Amended Complaint by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 09/08/2005)	Sept. 8, 2005	Sept. 8, 2005 PACER
57	ANSWER to Complaint (First Amended) by JOHN E. POTTER.(McDaniel, Oliver) (Entered: 09/22/2005)	Sept. 22, 2005	Sept. 22, 2005 PACER
59	MOTION for Extension of Time to Respond to Plaintiffs' Second Request for Production of Documents by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 10/13/2005)	Oct. 13, 2005	Oct. 13, 2005 PACER
60	MOTION for Hearing (Scheduling Conference) by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 10/13/2005)	Oct. 13, 2005	Oct. 13, 2005 PACER
61	Memorandum in opposition to motion re 59 Defendant's Motion for An Extention of Time to Respond to Plaintiffs' Second Request for Production of Documents filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit Exhibit A# 2 Text of Proposed Order)(Denig, Christopher) (Entered: 10/14/2005)	Oct. 14, 2005	Oct. 14, 2005 PACER
62	Joint MOTION to Continue the Status Conference by GEORGE R. WESTENBERGER, JOHN E. POTTER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/01/2005)	Dec. 1, 2005	Dec. 1, 2005 PACER
63	MEET AND CONFER STATEMENT. (Attachments: # 1 Exhibit A)(Denig, Christopher) (Entered: 12/04/2005)	Dec. 4, 2005	Dec. 4, 2005 PACER
64	NOTICE Regarding Local Civil Rule 23.1 by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ (Denig, Christopher) (Entered: 12/15/2005)	Dec. 15, 2005	Dec. 15, 2005 PACER
65	NOTICE of Filing Scheduling Order by JOHN E. POTTER (Attachments: # 1 Scheduling Order)(McDaniel, Oliver) (Entered: 12/19/2005)	Dec. 19, 2005	Dec. 19, 2005 PACER
66	SCHEDULING ORDER: Motions for class certification due by 5/30/2006. Opposition due 6/30/06 Replies due by 7/17/2006. Signed by Judge Richard J. Leon on 12/21/05. (whb) (Entered: 12/22/2005)	Dec. 22, 2005	Dec. 22, 2005 PACER
67	TRANSCRIPT of Status Conference held on December 05, 2005 before Judge Richard J. Leon. Court Reporter: Rebecca King. The public may view the document in the Clerk's Office between the hours of 9:00 a.m. and 4:00 p.m, Monday through Friday. (jf, ) (Entered: 01/30/2006)	Jan. 27, 2006	Jan. 27, 2006 PACER
68	MOTION for Protective Order As to the Noticed Deposition of Patrick R. Donahoe, Deputy Postmaster General and Chief Operating Officer, and Certification of Conference, and Memorandum of Points and Authorities by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 04/25/2006)	April 25, 2006	April 25, 2006 PACER
69	NOTICE of Filing Attachments by JOHN E. POTTER re 68 MOTION for Protective Order As to the Noticed Deposition of Patrick R. Donahoe, Deputy Postmaster General and Chief Operating Officer, and Certification of Conference, and Memorandum of Points and Authorities (Attachments: # 1 Exh. 1 (Notice of Deposition of Patrick R. Donahoe)# 2 Exh. 2 (March 20, 2002 Memorandum)# 3 Exh. 3 (Plaintiffs' March 14, 2006 Rule 30(b)(6) Notice)# 4 Exh. 4 (Defendant's Responses and Objections to Plaintiffs' "First" Set of Class-Related Interrogatories and Requests for Production of Documents)# 5 Declaration of Patrick R. Donahoe)(McDaniel, Oliver) (Entered: 04/26/2006)	April 26, 2006	April 26, 2006 PACER
70	Joint MOTION for Extension of Time to Complete Discovery (Limited Extension to Complete Outstanding Discovery) by GEORGE R. WESTENBERGER, JOHN E. POTTER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 05/01/2006)	May 1, 2006	May 1, 2006 PACER
71	NOTICE of Appearance by Nadia Ibrahim Shihata on behalf of GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ (Shihata, Nadia) (Entered: 05/01/2006)	May 1, 2006	May 1, 2006 PACER
72	MOTION for Protective Order Regarding Certain Topics Enumerated in Plaintiffs' Amended 30(b)(6) Deposition Notice by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 05/01/2006)	May 1, 2006	May 1, 2006 PACER
73	MOTION to Compel CERTAIN TESTIMONY, DOCUMENTS, AND INTERROGATORY ANSWERS FROM DEFENDANT AND CROSS-MOTION TO COMPEL TESTIMONY FROM PATRICK R. DONAHOE by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Affidavit of Thomas Williamson, Esq.# 2 Exhibit 1-24# 3 Text of Proposed Order)(Shihata, Nadia) (Entered: 05/01/2006)	May 1, 2006	May 1, 2006 PACER
74	MOTION to Compel Initial Disclosures, Response to Interrogatory, and Production of Documents by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 05/02/2006)	May 2, 2006	May 2, 2006 PACER
75	NOTICE of Filing Exhibits in Support of Motion to Compel by JOHN E. POTTER re 74 MOTION to Compel Initial Disclosures, Response to Interrogatory, and Production of Documents (Attachments: # 1 Exhibit 1 (Plaintiff's Objections & Responses to Defendant's First Set of Interrogatories to the Proposed Class)# 2 Exhibit 2 (Plaintiff's Objections & Responses to Defendants First Set of Document Requests to the Proposed Class)# 3 Exhibit 3 (March 7, 2006 Letter from Defendant to Plaintiffs)# 4 Exhibit 4 (April 11, 2006 Letter from Defendant to Plaintiffs)# 5 Exhibit 5 (April 26, 2006 Letter from Defendant to Plaintiffs)# 6 Exhibit 6 (Agency's First Set of Discovery Requests to the Individually Named Plaintiffs))(McDaniel, Oliver) (Entered: 05/06/2006)	May 6, 2006	May 6, 2006 PACER
76	NOTICE of Appearance by Beverly Maria Russell on behalf of JOHN E. POTTER (Russell, Beverly) (Entered: 05/12/2006)	May 12, 2006	May 12, 2006 PACER
77	Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Motion to Compel and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 05/12/2006)	May 12, 2006	May 12, 2006 PACER
79	MOTION to Seal Plaintiffs' Memorandum in Opposition to Defendant's Motion for a Protective Order Regarding Certain Topics Enumerated In Plaintiffs' Amended Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Shihata, Nadia) (Entered: 05/16/2006)	May 16, 2006	May 16, 2006 PACER
80	NOTICE of Filing Redacted "Version One" of Plaintiffs' Memorandum in Opposition to Defendant's Motion for a Protective Order Regarding Certain Topics Enumerated In Plaintiffs' Amended Notice of Deposition Pursuant to Fed. R. Civ. P. 30(b)(6) by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ re 72 MOTION for Protective Order Regarding Certain Topics Enumerated in Plaintiffs' Amended 30(b)(6) Deposition Notice (Attachments: # 1 # 2)(Shihata, Nadia) (Entered: 05/16/2006)	May 16, 2006	May 16, 2006 PACER
81	Memorandum in opposition to re 74 MOTION to Compel Initial Disclosures, Response to Interrogatory, and Production of Documents filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit A-E# 2 Text of Proposed Order)(Shihata, Nadia) (Entered: 05/16/2006)	May 16, 2006	May 16, 2006 PACER
82	ORDER re referral to Judge Facciola for non-dispositive motions. Signed by Magistrate Judge John M. Facciola on 5/17/06. (SP, ) (Entered: 05/17/2006)	May 17, 2006	May 17, 2006 PACER
83	MOTION for Extension of Time to Respond to Plaintiffs' Motion to Compel and Memorandum in Support Thereof by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 05/17/2006)	May 17, 2006	May 17, 2006 PACER
84	Memorandum in opposition to re 73 MOTION to Compel CERTAIN TESTIMONY, DOCUMENTS, AND INTERROGATORY ANSWERS FROM DEFENDANT AND CROSS-MOTION TO COMPEL TESTIMONY FROM PATRICK R. DONAHOE filed by JOHN E. POTTER. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 6# 6 Exhibit 9# 7 Exhibit 10# 8 Exhibit 11# 9 Text of Proposed Order)(Russell, Beverly) (Entered: 05/18/2006)	May 18, 2006	May 18, 2006 PACER
85	NOTICE of Filing Exhibits Supporting Defendant's Opposition to Plaintiffs' Motion to Compel by JOHN E. POTTER (Attachments: # 1 Exhibit 5# 2 Exhibit 7# 3 Exhibit 8)(Russell, Beverly) (Entered: 05/24/2006)	May 24, 2006	May 24, 2006 PACER
86	Joint MOTION for Extension of Time to File Response/Reply by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(Russell, Beverly) (Entered: 05/24/2006)	May 24, 2006	May 24, 2006 PACER
87	REPLY to opposition to motion re 74 MOTION to Compel Initial Disclosures, Response to Interrogatory, and Production of Documents, 72 MOTION for Protective Order Regarding Certain Topics Enumerated in Plaintiffs' Amended 30(b)(6) Deposition Notice filed by JOHN E. POTTER. (Attachments: # 1 Exhibit 12. Cokely Report# 2 Exhibit 13. EL-312, Section 543# 3 Exhibit 14. Hubbard Transcript# 4 Exhibit 15. Various Depositions)(Russell, Beverly) (Entered: 05/31/2006)	May 31, 2006	May 31, 2006 PACER
88	REPLY to opposition to motion re 73 MOTION to Compel CERTAIN TESTIMONY, DOCUMENTS, AND INTERROGATORY ANSWERS FROM DEFENDANT AND CROSS-MOTION TO COMPEL TESTIMONY FROM PATRICK R. DONAHOE filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit Exhibits 1-8)(Shihata, Nadia) (Entered: 06/02/2006)	June 2, 2006	June 2, 2006 PACER
89	Consent MOTION to Amend/Correct First Amended Class Action Complaint (Consent Motion to File Second Amended Class Action Complaint) by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Exhibit 1# 2 Text of Proposed Order)(Shihata, Nadia) (Entered: 07/03/2006)	July 3, 2006	July 3, 2006 PACER
90	FIRST AMENDED COMPLAINT against JOHN E. POTTER filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ.(jf, ) (Entered: 07/12/2006)	July 10, 2006	July 10, 2006 PACER
91	ANSWER to Amended Complaint (Second Amended Complaint) by JOHN E. POTTER. Related document: 90 Amended Complaint filed by BRUCE C. HUBBARD,, JUDY M. SCHULD,, GRACE J. SHIRK-EMMONS,, LUCY I. STIEGLITZ,, GEORGE R. WESTENBERGER,.(McDaniel, Oliver) (Entered: 07/27/2006)	July 27, 2006	July 27, 2006 PACER
92	NOTICE of Pendency of EEOC Matter by JOHN E. POTTER (McDaniel, Oliver) (Entered: 10/05/2006)	Oct. 5, 2006	Oct. 5, 2006 PACER
93	NOTICE of Unavailability for Hearing by JOHN E. POTTER re Set/Reset Hearings (McDaniel, Oliver) (Entered: 10/05/2006)	Oct. 5, 2006	Oct. 5, 2006 PACER
94	Consent MOTION to Continue Motion's Hearing by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 10/10/2006)	Oct. 10, 2006	Oct. 10, 2006 PACER
95	MOTION to Strike, Limit or Exclude Plaintiffs' Expert Report by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order # 2 Exh. 1 (Cokely's First Report)# 3 Exh. 2 (Cokely Deposition Pages)# 4 Exh. 3 (Cokely Second Report))(McDaniel, Oliver) (Entered: 11/20/2006)	Nov. 20, 2006	Nov. 20, 2006 PACER
96	NOTICE of Appearance by Elisabeth E. Boyan on behalf of JOHN E. POTTER (Boyan, Elisabeth) (Entered: 11/21/2006)	Nov. 21, 2006	Nov. 21, 2006 PACER
97	Memorandum in opposition to re 95 MOTION to Strike, Limit or Exclude Plaintiffs' Expert Report filed by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Declaration of Thomas S. Williamson, Jr.# 2 Exhibit Exhibits A-D# 3 Text of Proposed Order Proposed Order)(Shihata, Nadia) (Entered: 11/27/2006)	Nov. 27, 2006	Nov. 27, 2006 PACER
98	MOTION for Extension of Time to File Response/Reply as to 95 MOTION to Strike, Limit or Exclude Plaintiffs' Expert Report (One-Day Extension) by JOHN E. POTTER. (Attachments: # 1 Text of Proposed Order)(McDaniel, Oliver) (Entered: 12/07/2006)	Dec. 7, 2006	Dec. 7, 2006 PACER
99	REPLY to opposition to motion re 95 MOTION to Strike, Limit or Exclude Plaintiffs' Expert Report filed by JOHN E. POTTER. (McDaniel, Oliver) (Entered: 12/08/2006)	Dec. 8, 2006	Dec. 8, 2006 PACER
100	NOTICE OF WITHDRAWAL OF APPEARANCE as to GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. Attorney Nadia Ibrahim Shihata terminated. (Shihata, Nadia) (Entered: 12/08/2006)	Dec. 8, 2006	Dec. 8, 2006 PACER
101	MEMORANDUM by GEORGE R. WESTENBERGER, BRUCE C. HUBBARD, JUDY M. SCHULD, GRACE J. SHIRK-EMMONS, LUCY I. STIEGLITZ. (Attachments: # 1 Decaration of Thomas S. Williamson, Jr.# 2 Exhibits 1-4)(Denig, Christopher) (Entered: 12/14/2006)	Dec. 14, 2006	Dec. 14, 2006 PACER