Case: Karlo v. Pittsburgh Glass Works LLC.

Karlo v. Pittsburgh Glass Works

Karlo v. Pittsburgh Glass Works, LLC

Karlo v. Pittsburgh Glass Works, LLC

Karlo v. Pittsburgh Glass Works

Karlo v. Pittsburgh Glass Works, LLC

Karlo v. Pittsburgh Glass Works, LLC

Karlo v. Pittsburgh Glass Works, LLC

Karlo v. Pittsburgh Glass Works, LLC

COMPLAINT against PITTSBURGH GLASS WORKS, LLC (Filing fee $350, receipt number 0315-1737355), filed by BENJAMIN D. THOMPSON, MARK K. MCLURE, JEFFREY MARIETTI, DAVID MEIXELSBERGER, RUDOLPH A. KARLO, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons as to Pittsburgh Glass Works, LLC, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C) (jv) (Entered: 09/30/2010)

1 Civil Cover Sheet

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2 Summons as to Pittsburgh Glass Works, LLC

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jg, ) (Entered: 09/30/2010)

NOTICE of Appearance by Melissa L. Evans on behalf of RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Evans, Melissa) (Entered: 09/30/2010)

Summons Issued as to *PITTSBURGH GLASS WORKS, LLC* (jv)

SUMMONS/Return of Service Returned Executed by BENJAMIN D. THOMPSON, MARK K. MCLURE, JEFFREY MARIETTI, DAVID MEIXELSBERGER, RUDOLPH A. KARLO, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM. PITTSBURGH GLASS WORKS, LLC served on 10/6/2010, answer due 10/27/2010. (Evans, Melissa) (Entered: 10/08/2010)

NOTICE of Appearance by Robert B. Cottington on behalf of PITTSBURGH GLASS WORKS, LLC. (Cottington, Robert) (Entered: 10/22/2010)

NOTICE of Appearance by Nancy L. Heilman on behalf of PITTSBURGH GLASS WORKS, LLC. (Heilman, Nancy) (Entered: 10/22/2010)

Stipulation for Extension of Time to Answer by BENJAMIN D. THOMPSON, MARK K. MCLURE, JEFFREY MARIETTI, DAVID MEIXELSBERGER, PITTSBURGH GLASS WORKS, LLC, RUDOLPH A. KARLO, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM Answer due from PITTSBURGH GLASS WORKS, LLC on 11/29/2010. (Heilman, Nancy) (Entered: 10/26/2010)

ANSWER to 1 Complaint, Affirmative Defenses, COUNTERCLAIM against All Plaintiffs by PITTSBURGH GLASS WORKS, LLC. (Cottington, Robert) (Entered: 11/29/2010)

MOTION to Dismiss Count III re 1 Complaint, by PITTSBURGH GLASS WORKS, LLC. (Cottington, Robert) (Entered: 11/29/2010)

BRIEF in Support re 9 Motion to Dismiss Count III filed by PITTSBURGH GLASS WORKS, LLC. (Cottington, Robert) (Entered: 11/29/2010)

ORDER ON MOTIONS PRACTICE (details more fully stated within said Order). Signed by Judge Nora Barry Fischer on 11/29/10. (jg) (Entered: 11/30/2010)

MOTION for attorney David S. Becker to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-1795555) by PITTSBURGH GLASS WORKS, LLC. (Attachments: # 1 Proposed Order) (Cottington, Robert) (Entered: 11/30/2010)

1 Proposed Order

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ORDER granting 12 Motion for David S. Becker, Esquire to Appear Pro Hac Vice on behalf of Defendant Pittsburgh Glass Works, LLC. Signed by Judge Nora Barry Fischer on 11/30/10. (jg) (Entered: 11/30/2010)

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 9 Motion to Dismiss. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to 9 Motion to Dismiss. This message is for informational purposes only. (jv)

Proposed Order re 9 Motion to Dismiss Count III of Plaintiffs' Complaint by PITTSBURGH GLASS WORKS, LLC. (Becker, David) (Entered: 12/01/2010)

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 12 Motion to Appear Pro Hac Vice, 9 Motion to Dismiss, 8 Answer to Complaint, Counterclaim. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 12/8/2010. (jv)

MOTION for attorney John T. Shapiro to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-1798626) by PITTSBURGH GLASS WORKS, LLC. (Attachments: # 1 Proposed Order) (Cottington, Robert) (Entered: 12/02/2010)

1 Proposed Order

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MOTION for attorney Jeffrey J. Mayer to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-1798637) by PITTSBURGH GLASS WORKS, LLC. (Attachments: # 1 Proposed Order) (Cottington, Robert) (Entered: 12/02/2010)

1 Proposed Order

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MOTION for attorney Jennifer L. Fitzgerald to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-1798646) by PITTSBURGH GLASS WORKS, LLC. (Attachments: # 1 Proposed Order) (Cottington, Robert) (Entered: 12/02/2010)

1 Proposed Order

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ORDER granting 15 Motion for John T. Shapiro, Esquire to Appear Pro Hac Vice for Defendant Pittsburgh Glass Works, LLC. Signed by Judge Nora Barry Fischer on 12/2/10. (jg) (Entered: 12/02/2010)

ORDER granting 17 Motion for Jennifer L. Fitzgerald, Esquire to Appear Pro Hac Vice for Defendant Pittsburgh Glass Works, LLC. Signed by Judge Nora Barry Fischer on 12/2/10. (jg) (Entered: 12/02/2010)

ORDER granting 16 Motion for Jeffrey J. Mayer, Esquire to Appear Pro Hac Vice for Defendant Pittsburgh Glass Works, LLC. Signed by Judge Nora Barry Fischer on 12/2/10. (jg) (Entered: 12/02/2010)

Disclosure Statement identifying GE Capital Holdings, Inc. PPG Industries, Inc. by PITTSBURGH GLASS WORKS, LLC. (Becker, David) Modified on 12/3/2010. (jv) (Entered: 12/02/2010)

MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss Count III re 1 Complaint, 10 Brief in Support of Motion, 14 Proposed Order STIPULATED Motion for Extension of Time by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Attachments: # 1 Proposed Order) (Evans, Melissa) (Entered: 12/15/2010)

1 Proposed Order

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ORDER granting 22 Plaintiffs' Motion for Extension of Time to File Response/Reply as to 9 Motion to Dismiss Count III re 1 Complaint; Plaintiffs shaIl file their response to said Motion to Dismiss on or before 1/12/11. Signed by Judge Nora Barry Fischer on 12/16/10. (jg) (Entered: 12/16/2010)

MOTION to Dismiss Defendant's Counterclaim re 8 Answer to Complaint, Counterclaim by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Attachments: # 1 Proposed Order) (Evans, Melissa) (Entered: 12/22/2010)

1 Proposed Order

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BRIEF in Support re 24 Motion to Dismiss, Defendant's Counterclaim filed by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Evans, Melissa) (Entered: 12/22/2010)

MOTION to Strike 8 Answer to Complaint, Counterclaim Affirmative Defenses by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Attachments: # 1 Proposed Order) (Evans, Melissa) (Entered: 12/22/2010)

1 Proposed Order

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BRIEF in Support re 26 Motion to Strike, Affirmative Defenses filed by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Evans, Melissa) (Entered: 12/22/2010)

Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss Defendant's Counterclaim re 8 Answer to Complaint, Counterclaim MOTION to Dismiss Defendant's Counterclaim re 8 Answer to Complaint, Counterclaim, 26 MOTION to Strike 8 Answer to Complaint, Counterclaim Affirmative Defenses MOTION to Strike 8 Answer to Complaint, Counterclaim Affirmative Defenses by PITTSBURGH GLASS WORKS, LLC. (Becker, David) (Entered: 01/11/2011)

Proposed Order re 28 Motion for Extension of Time to File Response/Reply, by PITTSBURGH GLASS WORKS, LLC. (Becker, David) (Entered: 01/11/2011)

ORDER granting 28 Defendant's Response to 24 Plaintiffs' Motion to Dismiss Counterclaim and 26 Plaintiffs' Motin to Strike Defendant's Affirmative Defenses; Said Responses shall be be filed by Defendant by no later than 1/24/11. Ordered by Judge Nora Barry Fischer on 1/11/11. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)

MEMORANDUM ORDER indicating that the parties' Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 1/27/2011; A Motion Hearing (on all pending Motions)/Case Management Conference is set for 2/3/2011 at 9:30 AM in Courtroom 5B before Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 1/12/11. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (jg) (Entered: 01/12/2011)

1 Exhibit A

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2 Exhibit B

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RESPONSE IN OPPOSITION to 9 Motion to Dismiss, 10 Brief in Support of Motion, filed by MARK K. MCLURE. (Attachments: # 1 Proposed Order) (Evans, Melissa) Modified to remove from public view since court filed correctly as 32 BRIEF in Opposition re 9 Motion to Dismiss on 1/13/2011. (jv) (Entered: 01/12/2011)

BRIEF in Opposition re 9 Motion to Dismiss filed by MARK K. MCLURE. (Attachment(s): # 1 Proposed Order) (jv). (Entered: 01/13/2011)

1 Proposed Order

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CLERK'S OFFICE QUALITY CONTROL MESSAGE re 31 Response in Opposition. ERROR: Wrong event selected. CORRECTION: Removed from public view and Re-docketed as 32 BRIEF in Opposition re 9 Motion to Dismiss. This message is for informational purposes only. (jv)

BRIEF in Opposition re 24 Motion to Dismiss, filed by PITTSBURGH GLASS WORKS, LLC. (Becker, David) Modified on 1/25/2011. (jv, ) (Entered: 01/24/2011)

BRIEF in Opposition re 26 Motion to Strike, filed by PITTSBURGH GLASS WORKS, LLC. (Becker, David) (Entered: 01/24/2011)

Proposed Order re 24 Motion to Dismiss, by PITTSBURGH GLASS WORKS, LLC. (Becker, David) (Entered: 01/24/2011)

Proposed Order re 26 Motion to Strike, by PITTSBURGH GLASS WORKS, LLC. (Becker, David) (Entered: 01/24/2011)

Errata re 33 Brief in Opposition to Motion, 35 Proposed Order by PITTSBURGH GLASS WORKS, LLC. Reason for Correction: Original Filing Improperly Titled a "Response". (Attachments: # 1 Proposed Order) (Becker, David) (Entered: 01/25/2011)

1 Proposed Order

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Errata re 36 Proposed Order, 34 Brief in Opposition to Motion by PITTSBURGH GLASS WORKS, LLC. Reason for Correction: Original Filing Improperly Titled a Response. (Attachments: # 1 Proposed Order) (Becker, David) (Entered: 01/25/2011)

1 Proposed Order

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REPORT of Rule 26(f) Planning Meeting. (Mayer, Jeffrey) (Entered: 01/27/2011)

STIPULATION selecting ADR process by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, PITTSBURGH GLASS WORKS, LLC, BENJAMIN D. THOMPSON (Fox, Bruce) (Entered: 01/28/2011)

Errata re 39 Report of Rule 26(f) Planning Meeting by PITTSBURGH GLASS WORKS, LLC. Reason for Correction: Defective electronic signature. (Mayer, Jeffrey) (Entered: 01/28/2011)

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 39 Report of Rule 26(f) Planning Meeting. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using *ERRATA* event (Locatdd under "Other documents"). Attorney also advised to link ERRATA event to 39 Report of Rule 6(f) Plannning Meeting. This message is for informational purposes only. (jv)

REPLY BRIEF by PITTSBURGH GLASS WORKS, LLC re 9 Motion to Dismiss Count III of Plaintiffs' Complaint filed by PITTSBURGH GLASS WORKS, LLC. (Becker, David) (Entered: 01/31/2011)

MOTION to Continue February 3, 2011 Case Management Conference and Arguments on Pending Motions by PITTSBURGH GLASS WORKS, LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Becker, David) (Entered: 01/31/2011)

1 Exhibit A

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2 Proposed Order

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ORDER granting 43 Motion to Continue 2/3/11 2011 Case Management Conference and Arguments on Pending Motions filed by PITTSBURGH GLASS WORKS, LLC; that the Case Management/Motion Hearing set for 2/3/11 is re-set for 2/7/2011 at 10:30 AM in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 2/1/11. (jg) (Entered: 02/01/2011)

NOTICE of Appearance by Robert F. Prorok on behalf of PITTSBURGH GLASS WORKS, LLC. (Prorok, Robert) (Entered: 02/04/2011)

Minute Entry for proceedings held before Judge Nora Barry Fischer: Motion Hearing held on 2/7/2011 re 9 MOTION to Dismiss Count III indicating that the Court held oral arguments on a motion to dismiss brought by Defendant and Plaintiffs' response thereto. After oral argument, the parties and court agreed that in the interest of justice, Plaintiffs should proceed with the filing of an amended complaint. To that end, Plaintiffs shall file an amended complaint on or before 2/15/11 by 5:00 p.m. Defendants response to said amended complaint is due to the Court on or before 3/1/11 on or before 5:00 pm. The Court held in abeyance argument related to Plaintiffs' motion to dismiss and motion to strike as they are not completely briefed. In light of same, the Court will conduct a status conference on 3/3/11 at 11:00 a.m. by phone as it relates to Plaintiffs' amended complaint and Defendant's pending motions, at which time a further briefing schedule and oral argument will be scheduled. The parties did not request a transcript, hence none was ordered. An appropriate order follows. (Court Reporter: K. Earley) (jg) Modified on 2/8/2011. (jg, ) (Entered: 02/08/2011)

Minute Entry for proceedings held before Judge Nora Barry Fischer: Case Management Conference held on 2/7/2011 indicating that counsel for Plaintiffs provided the Court with information concerning the background of the seven Plaintiffs and also answered the Courts questions regarding the nature of the action; potential number of witnesses in addition to describing in general various documents which may be pertinent. The Court reviewed with the parties their 26(f) reports in detail and particularly the description of documents and individuals encompassed by fact discovery. Although in many areas the parties have agreements, many areas may require the Courts intervention. The Court also reminded parties of their duty to disclose both hard copy and electronic documents. Initial disclosures must be made by 3/3/11 by 5:00 p.m. Because of disagreements concerning the course of discovery, the Court orders that counsel provide the Court with proposed orders by 3/18/11 at 5:00 p.m. For good cause shown, the Court enlarges the limitations of discovery on both depositions and interrogatories. Counsel will supplement their Rule 26(f) reports by 4/4/11 by 5:00 p.m. Counsel will also submit a proposed protective order by said date. The Court will conduct periodic discovery status conferences, the first of which will occur on 4/5/11 at 10:00 a.m. EST, the Court to initiate the call. Following the case management conference, counsel for the parties continued their discussion concerning the case. Court orders to follow. (Court Reporter: None) (jg) (Entered: 02/08/2011)

ORDER indicating that upon consideration of the parties' oral argument on Defendant's motion to dismiss Count III of Plaintiffs' complaint 9, it is hereby ordered that Defendant's motion to dismiss is denied, without prejudice. Plaintiffs shall file an amended complaint on or before 2/15/11 at 5:00 p.m. Defendant shall file its response on or before 3/1/11 at 5:00 p.m. Signed by Judge Nora Barry Fischer on 2/8/11. (jg) (Entered: 02/08/2011)

ORDER indicating that after discussion with Plaintiffs and Defendants counsel on the nature and scope of discovery during the case management conference held on 2/7/11, wherein certain disagreements became apparent between counsel as to the nature and extent of discovery given Plaintiffs characterization of the action as both an individual action and collective action and Defendants denial of same, it is hereby ordered that counsel for both parties provide the Court with their respective proposed orders to govern discovery by 3/18/11 at 5:00 p.m. Counsel shall also supplement their Rule 26(f) reports as to electronic discovery and submit a proposed agreed upon protective order by 4/4/11 by 5:00 p.m. Signed by Judge Nora Barry Fischer on 2/8/11. (jg) (Entered: 02/08/2011)

REPLY BRIEF by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON re 24 Motion to Dismiss, 25 Brief in Support of Motion, 33 Brief in Opposition to Motion filed by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Attachments: # 1 Exhibit Karlo Agreement, # 2 Exhibit McLure Agreement, # 3 Exhibit Cunningham Agreement, # 4 Exhibit Marietti Agreement, # 5 Exhibit Meixelsberger Agreement, # 6 Exhibit Thompson Agreement, # 7 Exhibit Csukas Agreement) (Evans, Melissa) (Entered: 02/10/2011)

1 Exhibit Karlo Agreement

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2 Exhibit McLure Agreement

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3 Exhibit Cunningham Agreement

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4 Exhibit Marietti Agreement

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5 Exhibit Meixelsberger Agreement

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6 Exhibit Thompson Agreement

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7 Exhibit Csukas Agreement

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MOTION for Leave to File Reply Brief on Plaintiffs' Motion to Strike by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Attachments: # 1 Reply Brief, # 2 Proposed Order) (Evans, Melissa) (Entered: 02/10/2011)

1 Reply Brief

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2 Proposed Order

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ORDER granting 51 Plaintiffs' Motion for Leave to File Reply Brief on 26 Plaintiffs' Motion to Strike; Plaintiffs' Reply brief is due by 2/18/2011. Signed by Judge Nora Barry Fischer on 2/11/11. (jg) (Entered: 02/11/2011)

REPLY BRIEF by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON re 26 Motion to Strike, filed by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Evans, Melissa) (Entered: 02/11/2011)

First AMENDED COMPLAINT against PITTSBURGH GLASS WORKS, LLC, filed by BENJAMIN D. THOMPSON, JEFFREY MARIETTI, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, RICHARD CSUKAS, MARK K. MCLURE, DAVID MEIXELSBERGER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (Evans, Melissa) (Entered: 02/15/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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MOTION for Leave to File Sur-Reply in Opposition to Plaintiffs' Motion to Dismiss Defendant's Counterclaim by PITTSBURGH GLASS WORKS, LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Becker, David) (Entered: 02/18/2011)

1 Exhibit A

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2 Proposed Order

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ORDER granting 55 Motion for Leave to File Sur-Reply in Opposition to Plaintiffs' 24 Motion to Dismiss Defendant's Counterclaim; that Defendant's Sur-Reply shall be filed by 2/23/2011. Signed by Judge Nora Barry Fischer on 2/18/11. (jg) (Entered: 02/18/2011)

Sur-Reply Brief in Opposition to 24 Motion to Dismiss, filed by PITTSBURGH GLASS WORKS, LLC. (Attachments: # 1 Exhibit A) (Becker, David) (Entered: 02/18/2011)

1 Exhibit A

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STIPULATED PROTECTIVE ORDER by RICHARD CSUKAS, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, PITTSBURGH GLASS WORKS, LLC, BENJAMIN D. THOMPSON. (Evans, Melissa) (Entered: 03/01/2011)

MOTION to Dismiss Count III re 54 Amended Complaint, by PITTSBURGH GLASS WORKS, LLC. (Attachments: # 1 Proposed Order) (Becker, David) (Entered: 03/01/2011)

1 Proposed Order

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BRIEF in Support re 59 Motion to Dismiss Count III of First Amended Complaint filed by PITTSBURGH GLASS WORKS, LLC. (Becker, David) (Entered: 03/01/2011)

PROTECTIVE ORDER (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 3/2/11. (Attachments: # 1 Exhibit A) (jg) (Entered: 03/02/2011)

1 Exhibit A

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ORDER indicating that a Motion Hearing/Argument as to all pending Motions is scheduled for Wednesday, March 23, 2011 at 9:30 AM in Courtroom 5B before Judge Nora Barry Fischer. Ordered by Judge Nora Barry Fischer on 3/2/11. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)

Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 3/3/2011 indicating that counsel for the parties advised the Court that the Motion Hearing/Argument set for 3/23/11 at 9:30 AM can proceed as scheduled. In light of same, the Court set the following briefing schedule relating to Defendant's Motion to Dismiss Count III of Plaintiffs First Amended Complaint (Docket No. 59 ): (1) Plaintiffs' response shall be filed by 3/10/11; (2) Defendant's reply, if any, shall be filed by 3/17/11; and (3) Plaintiffs' sur-reply, if any, shall be filed by 3/21/11. Additionally, for good cause shown, i.e., the death of an immediate family member, the Court enlarged the time period for the parties to make initial disclosures until 3/8/11 and further enlarged the time period for the parties to provide the Court with revised Rule 16 orders until 3/22/11. (Court Reporter: None) (jg) (Entered: 03/04/2011)

BRIEF IN OPPOSITION to 59 Motion to Dismiss, 60 Brief in Support of Motion, filed by RUDOLPH A. KARLO, MARK K. MCLURE. (Attachments: # 1 Proposed Order) (Evans, Melissa) (Entered: 03/10/2011)

1 Proposed Order

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REPLY BRIEF by PITTSBURGH GLASS WORKS, LLC re 59 Motion to Dismiss Count III of Plaintiffs' First Amended Collective Action Complaint filed by PITTSBURGH GLASS WORKS, LLC. (Becker, David) (Entered: 03/17/2011)

Sur-Reply in Opposition re 59 Motion to Dismiss, filed by RICHARD CSUKAS, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Evans, Melissa) (Entered: 03/21/2011)

Proposed Order (Scheduling) by PITTSBURGH GLASS WORKS, LLC. (Cottington, Robert) (Entered: 03/22/2011)

Proposed Order on Discovery by RICHARD CSUKAS, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Evans, Melissa) (Entered: 03/22/2011)

Minute Entry for proceedings held before Judge Nora Barry Fischer: Motion Hearing held on 3/23/2011 on Plaintiff's "Motion to Dismiss Defendant's Counterclaim," 24, Plaintiff's "Motion to Strike Certain of PGW's Affirmative Defenses," 26, and Defendant's "Motion to Dismiss Count III of Plaintiffs' First Amended Complaint," 59 . The Court denied said motions on the record. An appropriate Order follows. The Court acknowledged receipt of the parties' proposed scheduling orders, ( 66, 67 ). The parties then agreed to postpone discussion of same until the first periodic discovery status conference, which is presently set to occur on 4/5/11 at 10:00 a.m. EST. The Court will initiate the call. The Court also inquired concerning the status of disclosures and was advised that counsel are proceeding in that regard. At the request of the parties, the Court ordered the production of the transcript, with costs of said transcription to be borne equally by the parties. (Court Reporter: K. Earley) (jg) (Entered: 03/24/2011)

ORDER indicating that upon consideration of the parties; arguments, and for reasons stated on the record during the 3/23/11 hearing, it is hereby ordered that: 1. Defendant shall file its Amended Answer with Affirmative Defenses and Counterclaims by 4/14/11 at 5:00 p.m.; 2. Plaintiffs' Motion to Dismiss Defendant's Counterclaim 24 is denied, as moot, and without prejudice to Plaintiffs raising the issues set forth therein in a Motion for Summary Judgment at the conclusion of fact discovery upon Order of Court; 3. To the extent Plaintiff Benjamin D. Thompson, however, wishes to renew his motion to dismiss after the filing of Defendant's Amended Answer, said motion shall be filed by 4/28/11 at 5:00 p.m. Defendant's response to same, if any, shall be filed by 5/12/11 at 5:00 p.m.; 4. Plaintiffs' Motion to Strike 26 is denied, as moot. Moreover, based on the status of this case, including ongoing disclosures and argument of counsel pertinent to the facts underlying the affirmative defenses raised by Defendant, and the present state of the law in this District, the Court finds that Defendant's Affirmative Defenses, as stated in its "Answer, Affirmative Defenses and Counterclaim" 8, provide Plaintiffs with sufficient notice to prepare for and participate in discovery as well as to counter same; 5. Defendant's Motion to Dismiss 59 is denied without prejudice to Defendant raising the issues set forth therein in a Motion for Summary Judgment at the conclusion of fact discovery upon Order of Court. Signed by Judge Nora Barry Fischer on 3/24/11. (jg) (Entered: 03/24/2011)

Joint MOTION to Extend Time to April 12, 2011 by RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, PITTSBURGH GLASS WORKS, LLC, BENJAMIN D. THOMPSON. (Attachments: # 1 Proposed Order) (Evans, Melissa) (Entered: 04/04/2011)

1 Proposed Order

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NOTICE of Hearing: The Discovery Status Conference set for 4/5/11 at 10:00 AM is re-set for 4/14/2011 at 10:00 AM before Judge Nora Barry Fischer. Text Only Entry: No PDF will issue. This text only entry constitutes the Court's Order or Notice on the matter. (jg)

ORDER granting 70 Joint Motion to Extend Time to Supplementa Rule 26(f) Report. The Parties shall file their Supplemental Rule 26(f) Report by 4/12/11. Signed by Judge Nora Barry Fischer on 4/5/11. (jg) (Entered: 04/05/2011)

SUPPLEMENT by RICHARD CSUKAS, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, PITTSBURGH GLASS WORKS, LLC, BENJAMIN D. THOMPSON to 41 Errata re 39 Report of Rule 26(f) Planning Meeting . (Attachments: # 1 Proposed Delivery Specifications) (Evans, Melissa) (Entered: 04/12/2011)

1 Proposed Delivery Specifications

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ANSWER to First Amended Complaint, Amended COUNTERCLAIM, and Affirmative Defenses against All Plaintiffs by PITTSBURGH GLASS WORKS, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I) (Becker, David) (Entered: 04/14/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephone Case Management/Status Conference held on 4/14/2011 indicating that the Court heard argument on the parties' competing scheduling orders, (see Docket Nos. 66, 67 ), and made its ruling on same. An appropriate Order follows. Thereafter, the parties discussed their supplemental Rule 26(f) report 72, and the current status of production issues addressed therein. As to discovery, the Court was advised that the parties have provided their initial disclosures and production of documents, but that neither party has issued any formal discovery requests to date. The Court was further advised that the parties are cooperating to identify the names of potential deponents in this case. The Court scheduled the first periodic discovery status conference for 5/20/11 at 2:00 p.m. EST, the Court to initiate the call. Prior to said conference, counsel for both parties shall submit a joint agenda for the call to the Court, via email to the Courts law clerk, by 5/13/11 at 5:00 p.m. No transcript was requested as of this date. If a transcript is requested by either party, the Court will issue an appropriate Order. (Court Reporter: K. Earley) (jg) (Entered: 04/15/2011)

CASE MANAGEMENT ORDER: Exchange of required Rule 26(a) information due by 3/8/2011; Plaintiffs shall file their motion for conditional certification and Court-facilitated notice by 7/15/11 at 5:00 p.m. Defendant's response to said motion shall be filed by 8/15/11 at 5:00 p.m. Plaintiffs' reply brief, if any, shall be filed by 8/29/11 at 5:00 p.m. Defendant's sur-reply brief, if any, shall be filed by 9/12/11 at 5:00 p.m. Hearing and oral argument as to said motion and briefing shall be held on 9/26/11 at 9:00 a.m. in Courtroom 5B, 5th Floor, United States Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania. Said hearing shall continue on 9/27/11 at 9:00 a.m., if necessary; The parties shall meet and confer regarding the contents of proposed opt-in notice and consent forms, and work diligently toward developing a mutually acceptable set of forms, which shall be made ready for the Courts review by 9/19/11 at 5:00 p.m.; In the event this action is not conditionally certified as a collective action, fact discovery shall be completed by 12/30/11 at 12:00 p.m. If, however, conditional certification is granted, fact discovery shall be completed by 3/7/12; Upon the Court's ruling on conditional certification, the Court shall conduct a Telephonic Post Certification Discovery Status Conference. Said conference will occur on 10/31/11 at 4:30 p.m.; As agreed to by the parties during the Case Management Conference, the Court shall convene routine telephonic status conferences to address the parties' progress with discovery, as well as any issues or problems that may have arisen. The Court sets the following schedule for same: a. 5/20/11 at 2:00 p.m. EST; b. 6/28/11 at 2:00 p.m. EST; c. 7/27/11 at 2:00 p.m. EST; and d. 8/29/11 at 2:00 p.m. EST; Motions to Amend/Add Parties due 4/15/11;. The Court will establish a schedule for the filing of summary judgment motions upon the completion of all discovery in this case; Other details more fully stated in said Order. Signed by Judge Nora Barry Fischer on 4/18/11. (jg) (Entered: 04/18/2011)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 23, 2011 before Judge Nora Barry Fischer. Court Reporter Karen Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Notice of Intent for Redaction of Personal Data Identifiers due by 4/26/2011. Redaction Request due 5/10/2011. Redacted Transcript Deadline set for 5/20/2011. Release of Transcript Restriction set for 7/18/2011. (kme, ) (Entered: 04/19/2011)

PLAINTIFFS ANSWER AND AFFIRMATIVE DEFENSES TO DEFENDANTS AMENDED COUNTERCLAIM ANSWER to 73 Answer to Complaint,, Counterclaim, by RICHARD CSUKAS, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Evans, Melissa) (Entered: 05/04/2011)

NOTICE Cancelling Hearing: Given the representations of counsel for the parties to the Court, the status conference scheduled for Friday, May 20, at 2:00 p.m. is cancelled. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jim)

NOTICE of Hearing: The Telephonic Discovery Status Conference set for 6/28/11 at 2:00 PM is re-set for 6/29/2011 at 3:00 PM before Judge Nora Barry Fischer. Text Only Entry: No PDF will issue. This text only entry constitutes the Court's Order or Notice on the matter. (jg)

Unopposed MOTION for Leave to Postpone Telephonic Discovery Status Conference by RICHARD CSUKAS, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Attachments: # 1 Proposed Order) (Fox, Bruce) (Entered: 06/23/2011)

1 Proposed Order

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ORDER granting 78 Unopposed Motion for Leave to Postpone Telephonic Discovery Status Conference; that the Telephonic Discovery Status Conference set for 6/29/11 at 3:00 PM is postponed until 7/5/2011 at 3:00 PM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 6/23/11. (jg) (Entered: 06/23/2011)

Minute Entry for proceedings held before Judge Nora Barry Fischer: TelephonicStatus Conference held on 7/5/2011 in accord with Court's 6/23/11 Order 79 ). At the Conference, the Court discussed concerns voiced by both parties over deposition practice. The Court was also apprised of the need to modify the schedule due to lead plaintiff's counsel's personal issues and the trial schedules of all counsel. The Court will draft an amended order and forward to counsel, who were directed to respond with any objections thereto by 5:00 p.m. 7/6/11. An amended scheduling order will follow. (Court Reporter: None) (jg) Modified on 7/7/2011. (jg, ) (Entered: 07/06/2011)

MOTION to Withdraw as Attorney Melissa L. Evans on Behalf of Plaintiffs by RICHARD CSUKAS, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Attachments: # 1 Proposed Order) (Fox, Bruce) (Entered: 07/11/2011)

1 Proposed Order

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ORDER granting 81 Motion to Withdraw of Attorney Melissa L. Evans. Signed by Judge Nora Barry Fischer on 7/11/11. (jg) (Entered: 07/12/2011)

AMENDED CASE MANAGEMENT ORDER: Exchange of required Rule 26(a) information due by 3/8/2011; Plaintiffs shall file their motion for conditional certification and Court-facilitated notice by 10/3/11 at 5:00 p.m. Defendant's response to said motion shall be filed by 11/3/11 at 5:00 p.m. Plaintiffs' reply brief, if any, shall be filed by 11/17/11 at 5:00 p.m. Defendant's sur-reply brief, if any, shall be filed by 12/1/11 at 5:00 p.m. Hearing and oral argument as to said motion and briefing shall be held on 12/13/11 at 9:00 a.m. in Courtroom 5B, 5th Floor, United States Courthouse, 700 Grant Street, Pittsburgh, Pennsylvania. Said hearing shall continue on 12/14/11 at 9:00 a.m. (originally was set for 9/26/11 and 9/27/11), if necessary; The parties shall meet and confer regarding the contents of proposed opt-in notice and consent forms, and work diligently toward developing a mutually acceptable set of forms, which shall be made ready for the Courts review upon the Courts ruling on certification, at which time the Court will convene a status conference to review same; In the event this action is not conditionally certified as a collective action, fact discovery shall be completed by 12/30/11 at 12:00 p.m. If, however, conditional certification is granted, fact discovery shall be completed by 3/7/12; Upon the Court's ruling on conditional certification, the Court shall conduct a Telephonic Post Certification Discovery Status Conference. Said conference will occur on 1/31/12 at 4:30 PM (was originally set for 10/31/11 at 4:30 p.m.); As agreed to by the parties during the Case Management Conference, the Court shall convene routine telephonic status conferences to address the parties' progress with discovery, as well as any issues or problems that may have arisen. The Court sets the following schedule for same: a. 5/20/11 at 2:00 p.m. EST; b. 6/28/11 at 2:00 p.m. EST; c. 7/27/11 at 2:00 p.m. EST; and d. 8/29/11 at 2:00 p.m. EST; Motions to Amend/Add Parties due 4/15/11; Motion to Amend/Add Parties due 4/15/11; The Court will establish a schedule for the filing of summary judgment motions upon the completion of all discovery in this case; Other details more fully stated in said Order. Signed by Judge Nora Barry Fischer on 7/15/11. (jg) Modified on 7/15/2011. (jg, ) (Entered: 07/15/2011)

NOTICE of Appearance by Mary Elizabeth Fischman on behalf of RICHARD CSUKAS, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Fischman, Mary) (Entered: 07/20/2011)

ORDER indicating that the Telephonic Discovery Conference set for 7/27/11 at 2:00 PM is cancelled, the parties having advised the Court that said Conference is unnecessary. Ordered by Judge Nora Barry Fischer on 7/25/11. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg)

Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Status Conference held on 8/29/2011 indicating that the parties reported on the status of discovery. They also reported that they fully expect to adhere to the schedule the Court has set forth pertaining to conditional class certification. The Court informed parties that they shall both file, by 12/1/11, at 5:00 p.m., a list of witnesses they expect to call at the argument currently scheduled for 12/13/11, at 9:00 a.m. An appropriate Order follows. Defense counsel also indicated the possibility of filing both an omnibus summary judgment motion as well as individual-specific summary judgment motions in the near future. (Court Reporter: None) (jg) (Entered: 08/29/2011)

ORDER indicating that the parties shall file, by 12/1/11 at 5:00 p.m., a list of the witnesses they expect to call at the hearing and oral argument scheduled for 12/13/11 at 9:00 a.m. (See Docket No. 83 ). Signed by Judge Nora Barry Fischer on 8/29/11. (jg) (Entered: 08/29/2011)

MOTION for Leave to File Its Second Amended Complaint by RICHARD CSUKAS, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Attachments: # 1 Proposed Order, # 2 Second Amended Complaint, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J) (Fox, Bruce) (Entered: 10/03/2011)

1 Proposed Order

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2 Second Amended Complaint

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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MOTION to Certify Class and Court-Facilitated Notice by RICHARD CSUKAS, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Attachments: # 1 Proposed Order, # 2 Proposed Notice, # 3 Proposed Consent, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G) (Fox, Bruce) (Entered: 10/03/2011)

1 Proposed Order

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2 Proposed Notice

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3 Proposed Consent

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Exhibit E

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9 Exhibit F

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10 Exhibit G

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MOTION for Leave to File Brief Exceeding Page Limit by RICHARD CSUKAS, RICHARD CSUKAS, WILLIAM S. CUNNINGHAM, RUDOLPH A. KARLO, JEFFREY MARIETTI, MARK K. MCLURE, DAVID MEIXELSBERGER, BENJAMIN D. THOMPSON. (Attachments: # 1 Proposed Order, # 2 Brief in Support of Motion for Conditional Certification and Court-Facilitated Notice) (Fox, Bruce) Modified to remove from public view, Attachment no. 2, since attorney filed as 91 BRIEF in Support re 88 Motion to Certify Class on 10/4/2011. (jv) (Entered: 10/03/2011)

1 Proposed Order

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