Dallas v. Alcatel-Lucent USA, Inc.

2012 WL 424878

2013 WL 2197624

COMPLAINT filed by William C Dallas against Alcatel-Lucent Inc with Jury Demand. Plaintiff requests summons issued. Receipt No: 06450000000002245970 - Fee: $ 350. County of 1st Plaintiff: oakland - County Where Action Arose: wayne - County of 1st Defendant: wayne. [Previously dismissed case: No] [Possible companion case(s): None] (Rivers, Beth)

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DEld)

SUMMONS Issued for *Alcatel-Lucent Inc* (DEld)

NOTICE of Appearance by Michael L. Pitt on behalf of William C Dallas. (Pitt, Michael)

AMENDED COMPLAINT with Jury Demand filed by Ronald Battle, Johnny Beasley, Frank Carigliano, Paul Carlson, Kim Clark, Nicholas Congimi, Raymond Connolly, Geoffrey Corbin, Lawrence Davis, Duane Davison, Calixto Fonseca, Frank Fox, Edward Haeussler, Rudolph Hopkins, Ronald Johnson, Gerald Kephart, John Koenig, John Korz, Gordon Ludwig, James Mahaffey, Robert Mladenka, Gary Nash, James Nealis, Hugo Pemintel, Dale Petersen, Robert Poltenovage, Michael Presby, James Riley, Ronald Sadlik, Richard Schwartz, Lawrence Smith, Leo Stoney, W.T. Ruth, Francis Tedeschi, Richard Turner, E. Don Woodford against Alcatel-Lucent Inc. (Rivers, Beth) Modified on 1/13/2010 (CGre). [CLEANED UP TEXT]

ERRATA Sheet re: [4] Amended Complaint,, filed by Johnny Beasley, Ronald Battle. by Ronald Battle, William C Dallas, Johnny Beasley, Frank Carigliano, Paul Carlson, Kim Clark, Nicholas Congimi, Raymond Connolly, Geoffrey Corbin, Lawrence Davis, Duane Davison, Calixto Fonseca, Frank Fox, Edward Haeussler, Rudolph Hopkins, Ronald Johnson, Gerald Kephart, John Koenig, John Korz, Gordon Ludwig, James Mahaffey, Robert Mladenka, Gary Nash, James Nealis, Hugo Pemintel, Dale Petersen, Robert Poltenovage, Michael Presby, James Riley, Ronald Sadlik, Richard Schwartz, Lawrence Smith, Leo Stoney, Jr, W.T. Ruth, Francis Tedeschi, Richard Turner, E. Don Woodford (Rivers, Beth)

REQUEST for SUMMONS for Alcatel-Lucent USA, Inc.. (Rivers, Beth)

NOTICE of Appearance by Matthew T. Miklave on behalf of Alcatel-Lucent Inc. (Miklave, Matthew)

AMENDED COMPLAINT with Jury Demand (Second) filed by Ronald Battle, William C Dallas, Johnny Beasley, Frank Carigliano, Paul Carlson, Kim Clark, Nicholas Congimi, Raymond Connolly, Geoffrey Corbin, Lawrence Davis, Duane Davison, Calixto Fonseca, Frank Fox, Edward Haeussler, Rudolph Hopkins, Ronald Johnson, Gerald Kephart, John Koenig, John Korz, Gordon Ludwig, James Mahaffey, Robert Mladenka, Gary Nash, James Nealis, Hugo Pemintel, Dale Petersen, Robert Poltenovage, Michael Presby, James Riley, Ronald Sadlik, Richard Schwartz, Lawrence Smith, Leo Stoney, Jr, W.T. Ruth, Francis Tedeschi, Richard Turner, E. Don Woodford against Alcatel-Lucent USA, Inc.. (Rivers, Beth)

STIPULATION AND ORDER to amend complaint and extend answer deadline Signed by District Judge Bernard A Friedman. (CMul)

SUMMONS Issued for *Alcatel-Lucent USA, Inc.* (DEld)

WAIVER OF SERVICE Returned Executed. Alcatel-Lucent USA, Inc. waiver sent on 3/19/2010, answer due 5/18/2010. (Rivers, Beth) [WRONG EVENT USED - THIS IS A CERTIFICATE OF SERVICE/SUMMONS RETURNED EXECUTED, ANSWER DUE 4/8/10] Modified on 4/19/2010 (CGre).

MOTION to Dismiss for Improper Venue or, in the alternative, to Transfer to the U.S. District Court for the District of New Jersey by Alcatel-Lucent USA, Inc.. (Miklave, Matthew)

AFFIDAVIT of Thomas Bevilacqua re [11] MOTION to Dismiss for Improper Venue or, in the alternative, to Transfer to the U.S. District Court for the District of New Jersey filed by Alcatel-Lucent USA, Inc.. (Attachments: # (1) Exhibit A - chart of permanent transfers, 2002-2004) (Miklave, Matthew)

1 Exhibit A - chart of permanent transfers, 2002-2004

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SUPPLEMENTAL BRIEF re [11] MOTION to Dismiss for Improper Venue or, in the alternative, to Transfer to the U.S. District Court for the District of New Jersey -- Memorandum in Support of Motion filed by Alcatel-Lucent USA, Inc.. (Miklave, Matthew)

MOTION to Dismiss for Failure to State A Calim Upon Which Relief Can Be Granted, with Attached Brief in Support by Alcatel-Lucent USA, Inc.. (Miklave, Matthew)

NOTICE of hearing on [11] MOTION to Dismiss for Improper Venue or, in the alternative, to Transfer to the U.S. District Court for the District of New Jersey, [14] MOTION to Dismiss for Failure to State A Calim Upon Which Relief Can Be Granted. Motion Hearing set for 6/30/2010 02:00 PM before District Judge Bernard A Friedman. (CMul)

STIPULATION AND ORDER extending response time to 6/15/2010 re[11] MOTION to Dismiss for Improper Venue or, in the alternative, to Transfer to the U.S. District Court for the District of New Jersey Signed by District Judge Bernard A Friedman. (CMul)

RESPONSE to [11] MOTION to Dismiss for Improper Venue or, in the alternative, to Transfer to the U.S. District Court for the District of New Jersey filed by All Plaintiffs. (Attachments: # (1) Index of Exhibits List of Exhibits, # (2) Exhibit 1 - Affidavit of Michael Klein) (Rivers, Beth)

1 Index of Exhibits List of Exhibits

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2 Exhibit 1 - Affidavit of Michael Klein

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RESPONSE to [14] MOTION to Dismiss for Failure to State A Calim Upon Which Relief Can Be Granted, with Attached Brief in Support filed by All Plaintiffs. (Rivers, Beth)

Set/Reset Deadlines as to 14 MOTION to Dismiss for Failure to State A Calim Upon Which Relief Can Be Granted, with Attached Brief in Support, 11 MOTION to Dismiss for Improper Venue or, in the alternative, to Transfer to the U.S. District Court for the District of New Jersey. Reply due by 7/7/2010. Motion Hearing reset for 7/14/2010 02:00 PM before District Judge Bernard A Friedman (DOpa)

STIPULATION AND ORDER re [11] MOTION to Dismiss for Improper Venue or, in the alternative, to Transfer to the U.S. District Court for the District of New Jersey, and [14] MOTION to Dismiss for Failure to State A Calim Upon Which Relief Can Be Granted, with Attached Brief in Support :( Motion Hearing set for 7/14/2010 02:00 PM before District Judge Bernard A Friedman) Signed by District Judge Bernard A Friedman. (CMul)

REPLY to Response re [11] MOTION to Dismiss for Improper Venue or, in the alternative, to Transfer to the U.S. District Court for the District of New Jersey filed by Alcatel-Lucent USA, Inc.. (Miklave, Matthew)

REPLY to Response re [14] MOTION to Dismiss for Failure to State A Calim Upon Which Relief Can Be Granted, with Attached Brief in Support filed by Alcatel-Lucent USA, Inc.. (Miklave, Matthew)

Minute Entry - Motion Hearing held on 7/16/2010 re 11 MOTION to Dismiss for Improper Venue or, in the alternative, to Transfer to the U.S. District Court for the District of New Jersey and 14 MOTION to Dismiss for Failure to State A Calim Upon Which Relief Can Be Granted, with Attached Brief in Support filed by Alcatel-Lucent USA, Inc. before District Judge Bernard A Friedman. Disposition: denied(Court Reporter Joan Morgan) (CMul)

ORDER denying [11] Motion to Dismiss; denying [14] Motion to Dismiss; and setting deadline for defendant's answer. Signed by District Judge Bernard A Friedman. (CMul)

ANSWER to Amended Complaint with Affirmative Defenses by Alcatel-Lucent USA, Inc.. (Pope, John)

NOTICE TO APPEAR: Scheduling Conference set for 10/13/2010 at 9:30 AM before District Judge Bernard A Friedman (FMos)

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Rivers, Beth)

SCHEDULING ORDER: Discovery due by 10/13/2011 Final Pretrial Conference set for 5/7/2012 01:00 PM and Jury Trial set for 5/15/2012 09:00 AM before District Judge Bernard A Friedman Signed by District Judge Bernard A Friedman. (Refer to image for additional dates) (CMul)

ATTORNEY APPEARANCE: Cary S. McGehee appearing on behalf of All Plaintiffs (McGehee, Cary)

MOTION to Certify Class (Conditional Certification, Judicial Notice, and Motion to Compel by All Plaintiffs. (Attachments: # (1) Index of Exhibits, # (2) Exhibit 1-excerpts from Muscat dep, # (3) Exhibit 2-Bevilaqua Declaration, # (4) Exhibit 3-Proposed Notice and Consent Form) (Rivers, Beth)

1 Index of Exhibits

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2 Exhibit 1-excerpts from Muscat dep

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3 Exhibit 2-Bevilaqua Declaration

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4 Exhibit 3-Proposed Notice and Consent Form

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NOTICE OF TELE-CONFERENCE: Status/Scheduling Conference set for 10/17/2011 01:00 PM before District Judge Bernard A. Friedman Plaintiff to initiate call. (CMul)

NOTICE of Appearance by Megan Bonanni on behalf of All Plaintiffs. (Bonanni, Megan)

Minute Entry - Telephone Conference held on 10/17/2011 before District Judge Bernard A. Friedman. (Court Reporter Joan Morgan) (CMul)

Minute Entry - Telephone Conference held on 10/20/2011 before District Judge Bernard A. Friedman. Disposition: discovery issue resolved (CMul)

ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge Bernard A. Friedman to District Judge Nancy G. Edmunds. (SSch)

NOTICE TO APPEAR: Status Conference set for 11/28/2011 10:30 AM before District Judge Nancy G. Edmunds (CHem)

STIPULATED ORDER Extending Response Time as to Motion for Conditional Class Certification ( Response due by 11/21/2011) Signed by District Judge Nancy G. Edmunds. (CHem)

RESPONSE to Plaintiffs' Motion for Conditional Class Certification, etc. filed by Alcatel-Lucent USA, Inc.. (Attachments: # (1) Document Continuation Index to Appendicies, # (2) Document Continuation Appendix A - List of Personnel Actions Involving Installers, 2001-04, # (3) Document Continuation Appendix B - EEOC Charges By Installers, # (4) Document Continuation Appendix C - Defendant's Proposed Notice & Conent Form, # (5) Index of Exhibits Appendix D, # (6) Exhibit A - Muscat dep excerpts, # (7) Exhibit B - Davis dep excerpts, # (8) Exhibit C - Bevliqua dep excerpts, # (9) Exhibit D - Email reflecting union support for EEOC charge campaign by installers) (Pope, John)

1 Document Continuation Index to Appendicies

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2 Document Continuation Appendix A - List of Personnel Actions Involving Installer

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3 Document Continuation Appendix B - EEOC Charges By Installers

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4 Document Continuation Appendix C - Defendant's Proposed Notice & Conent For

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5 Index of Exhibits Appendix D

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6 Exhibit A - Muscat dep excerpts

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7 Exhibit B - Davis dep excerpts

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8 Exhibit C - Bevliqua dep excerpts

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9 Exhibit D - Email reflecting union support for EEOC charge campaign by installer

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Minute Entry - Status Conference held on 11/28/2011 before District Judge Nancy G. Edmunds. (CHem)

NOTICE of hearing. Replies due by 12/13/2011 Motion Hearing set for 2/8/2012 02:00 PM before District Judge Nancy G. Edmunds (CHem)

REPLY to Response filed by All Plaintiffs. (Rivers, Beth)

REPLY to Response EXHIBIT 1 to Reply (Doc #36) filed by All Plaintiffs. (Rivers, Beth)

NOTICE by Alcatel-Lucent USA, Inc. re [34] Response to Motion,, of Filing Supplement to Appendix D (Attachments: # (1) Index of Exhibits Index to Exhibits in Supplemental Appendix, # (2) Document Continuation Supplemental Appendix) (Pope, John)

1 Index of Exhibits Index to Exhibits in Supplemental Appendix

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2 Document Continuation Supplemental Appendix

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Minute Entry - Motion Hearing held on 2/8/2012 before District Judge Nancy G. Edmunds. Disposition: granted(Court Reporter Suzanne Jacques) (CHem)

ORDER granting [28] Motion For Conditional Certification and Discovery Request and Directing Counsel to File a Joint Proposed Notice and Opt-In Consent Form Within 10 Days. Signed by District Judge Nancy G. Edmunds. (CHem)

ATTORNEY APPEARANCE: Andrea J. Johnson appearing on behalf of All Plaintiffs (Johnson, Andrea)

STIPULATED ORDER Extending Time to File Joint Draft Notice and Consent to Join ( Due by 2/24/2012) Signed by District Judge Nancy G. Edmunds. (CHem)

NOTICE by All Plaintiffs re [39] Order on Motion to Certify Class, [41] Stipulation and Order, Set Deadlines/Hearings (Notice of Filing Joint Draft Notice and Consent and Join) (Johnson, Andrea)

ORDER Approving Parties' Joint Proposed Notice and Consent to Join Form {42]. Signed by District Judge Nancy G. Edmunds. (CHem)

Minute Entry - Status Conference regarding Notice of Pendency of Age Discrimination Lawsuit and Consent to Join form held on 3/28/2012 before District Judge Nancy G. Edmunds. (CHem)

CERTIFICATE OF SERVICE re [43] Order by All Plaintiffs (Notice and Consent to Join) (Johnson, Andrea)

NOTICE by All Plaintiffs re [43] Order (Notice of Filing of Consent Forms) (Johnson, Andrea)

SEALED EXHIBIT #1 to Notice of Filing of Consent Forms re [45] Notice (Other) by All Plaintiffs. (Johnson, Andrea)

NOTICE by All Plaintiffs re [43] Order (Notice of Filing of Additional Consent Forms) (Johnson, Andrea)

SEALED EXHIBIT #1 to Notice of Filing of Additional Consent Forms re [47] Notice (Other) by All Plaintiffs. (Johnson, Andrea)

NOTICE by All Plaintiffs re [43] Order (Notice of Filing of Additional Consent Forms) (Johnson, Andrea)

SEALED EXHIBIT #1 to Notice of Filing of Consent Forms re [49] Notice (Other) by All Plaintiffs. (Johnson, Andrea)

NOTICE by All Plaintiffs re [43] Order (Notice of Filing of Additional Consent Forms) (Johnson, Andrea)

SEALED EXHIBIT #1 to Notice of Filing of Additional Consent Forms re [51] Notice (Other) by All Plaintiffs. (Johnson, Andrea)

NOTICE by All Plaintiffs re [43] Order (Notice of Filing of Additional Consent Forms) (Johnson, Andrea)

SEALED EXHIBIT #1 to Notice of Filing of Additional Consent Forms re [53] Notice (Other) by All Plaintiffs. (Johnson, Andrea)

NOTICE by All Plaintiffs re [43] Order (Notice of Filing of Additional Consent Forms) (Johnson, Andrea)

SEALED EXHIBIT #1 to Notice of Filing of Additional Consent Forms re [55] Notice (Other) by All Plaintiffs. (Johnson, Andrea)

NOTICE by All Plaintiffs re [43] Order (Notice of Filing of Additional Consent Forms) (Johnson, Andrea)

SEALED EXHIBIT #1 to Notice of Filing of Additional Consent Forms re [57] Notice (Other) by All Plaintiffs. (Johnson, Andrea)

NOTICE by All Plaintiffs re [43] Order (Notice of Filing of Additional Consent Forms) (Johnson, Andrea)

SEALED EXHIBIT #1 to Notice of Filing of Additional Consent Forms re [59] Notice (Other) by All Plaintiffs. (Johnson, Andrea)

Set Deadlines/Hearings: Settlement Conference set for 12/7/2012 09:00 AM before District Judge Gerald E. Rosen (JOwe)

Minute Entry - Settlement Conference held on 12/7/2012 before District Judge Gerald E. Rosen. Disposition: Case Did Not Settle (JOwe)

NOTICE TO APPEAR: Fairness Hearing set for 3/26/2013 02:00 PM before District Judge Nancy G. Edmunds (CHem)

Re-Set Deadlines/Hearings: Fairness Hearing re-set for 5/15/2013 02:00 PM before District Judge Nancy G. Edmunds (CHem)

ORDER Approving Notice of Proposed Settlement of Class Action. Signed by District Judge Nancy G. Edmunds. (CHem)

MOTION for Court Approval of Settlement Agreement and Plan of Allocation by All Plaintiffs. (Attachments: # (1) Exhibit -A- proposed Settlement Agreement) (Bonanni, Megan)

1 Exhibit -A- proposed Settlement Agreement

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MOTION for Approval of Attorney Fees and Costs by All Plaintiffs. (Attachments: # (1) Exhibit -A- retainer agreement, # (2) Exhibit -B- attorney hours, # (3) Exhibit -C- Affidavits of Bogas and Pitt) (Bonanni, Megan)

1 Exhibit -A- retainer agreement

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2 Exhibit -B- attorney hours

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3 Exhibit -C- Affidavits of Bogas and Pitt

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NOTICE OF HEARING on [63] MOTION for Court Approval of Settlement Agreement and Plan of Allocation, [64] MOTION for Approval of Attorney Fees and Costs . Motion Hearing set for 5/15/2013 02:00 PM before District Judge Nancy G. Edmunds (CHem)

NOTICE TO APPEAR : Final Fairness Hearing set for 7/17/2013 02:00 PM before District Judge Nancy G. Edmunds (CHem)

RESPONSE to [64] MOTION for Approval of Attorney Fees and Costs, [63] MOTION for Court Approval of Settlement Agreement and Plan of Allocation filed by Alcatel-Lucent USA, Inc.. (Pope, John)

OBJECTION to Settlement by Edward Haeussler. (KKra)

OBJECTION by Rudolph Hopkins. (KKra)

OBJECTION to Settlement by Ronald Battle. (KKra)

OBJECTION to Dallas Plan of Allocation by Kenneth Forbes. (KKra)

OBJECTION to Dallas Plan Allocation by Harvey Echols. (KKra)

RESPONSE to Objections to the Settlement Filed by Class Members filed by All Plaintiffs. (Rivers, Beth)

EXHIBIT #1 re [73] Response to Petition/Request/Application by All Plaintiffs (Rivers, Beth)

MOTION Uncontest Motion for Approval of Adding in Opt-In Plaintiffs and Substituting PR of the Estates of Deceased Class Members by All Plaintiffs. (Attachments: # (1) Exhibit 1 - Cox Consent Form, # (2) Exhibit 2 - Janowski Consent Form, # (3) Exhibit 3 - Nichols Consent Documents) (Bonanni, Megan)

1 Exhibit 1 - Cox Consent Form

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2 Exhibit 2 - Janowski Consent Form

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3 Exhibit 3 - Nichols Consent Documents

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Minute Entry - Motion Hearing held on 5/15/2013 re 64 MOTION for Approval of Attorney Fees and Costs filed All Plaintiffs; 63 MOTION for Court Approval of Settlement Agreement and Plan of Allocation filed by All Plaintiffs before District Judge Nancy G. Edmunds. Disposition: TAKEN UNDER ADVISEMENT. (Court Reporter Suzanne Jacques) (JCur)

RESET Hearing: FINAL Fairness Hearing reset for 8/7/2013 02:00 PM before District Judge Nancy G. Edmunds. (JCur)

PETITION for Appointment of Kathleen L. Bogas as Adminstrator of Dallas Qualified Settlement Fund by All Plaintiffs. (Rivers, Beth)

OBJECTION to Dallas Plan of Allocation by Gary Nash. (JCur)

EXHIBIT - Acceptance of Nomination as Administrator of Dallas Qualified Settlement Fund re [76] Petition by All Plaintiffs (Rivers, Beth)

OPINION AND ORDER Granting Plaintiffs' Motions for Court's Preliminary Approval of (1) Settlement Agreement and Plan of Allocation [63]; and (2) Attorney Fees and Costs [64]. Signed by District Judge Nancy G. Edmunds. (See Order for Specifics) (JCur)

ORDER granting [75] Motion and Approving the Addition of Opt-In Plaintiffs and Substituting Personal Representatives of the Estates of Deceased Class Members.. Signed by District Judge Nancy G. Edmunds. (KKra)

ORDER Granting [76] Petition and Approving Qualified Settlement Fund. Signed by District Judge Nancy G. Edmunds. (KKra)

STIPULATED ORDER Substituting and Removing Parties. Signed by District Judge Nancy G. Edmunds. (KKra)

REQUEST from Harvey Echols Asking to be Part of the Original Plaintiffs' List. (JCur)

OBJECTION to Dallas Plan of Allocation by Rudolph Hopkins. (JCur)

OBJECTION to Dallas Plan of Allocation as to Donald J. Murnane. (JCur)

OBJECTION to Dallas Plan of Allocation as to Ronald F. Johnson. (JCur)