Case: EEOC v. Quality Art LLC; Palestra Capital LLC

In re Quality Art (Bankruptcy)

No Court

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (SAT) (Entered: 06/22/2000)

MOTION to intervene by Ruth Espinoza Armenta, Rosalva Solis Barreto, Maritza J Betanzos, Gregorio Santos Cabrera, Nohemi Santiago Calera, Gabriel de la Cruz Cardenas, Beatrice Colores, Gabriel de la Cruz, Nicolasa Huerta Flores, Maria Betanzos Gomez, Maria de la Luz Gonzales, Patricia Gonzales, Omar Leon, Francisco Fuentes Martinez, Araceli Ocampo Medina, Graciela Gonzales Mendoza, Nohemi Garcia Nunez, Mireya Ortega, Yesenia Soto Ortega, Ana Maria Garcia Perez, Ana Maria Garcia Perez, Sulamita Garcia Perez, Maria Elena Osorio Rodriquez, Ana Maria Quevedo Rojo, Maria J Gonzales Solis, Juana Rosa Garcia Soto, Maria F Garcia Soto, Araceli Hernandez Vera [2-1] (MAP) (Entered: 06/27/2000)

ORDER by Judge Stephen M. McNamee granting motion to intervene by Ruth Espinoza Armenta, Rosalva Solis Barreto, Maritza J Betanzos, Gregorio Santos Cabrera, Nohemi Santiago Calera, Gabriel de la Cruz Cardenas, Beatrice Colores, Gabriel de la Cruz, Nicolasa Huerta Flores, Maria Betanzos Gomez, Maria de la Luz Gonzales, Patricia Gonzales, Omar Leon, Francisco Fuentes Martinez, Araceli Ocampo Medina, Graciela Gonzales Mendoza, Nohemi Garcia Nunez, Mireya Ortega, Yesenia Soto Ortega, Ana Maria Garcia Perez, Ana Maria Garcia Perez, Sulamita Garcia Perez, Maria Elena Osorio Rodriquez, Ana Maria Quevedo Rojo, Maria J Gonzales Solis, Juana Rosa Garcia Soto, Maria F Garcia Soto, Araceli Hernandez Vera [2-1] (cc: all counsel) (MAP) (Entered: 06/30/2000)

COMPLAINT IN INTERVENTION FILED (MAP) (Entered: 06/30/2000)

RESPONSE by dfts (all) to motion to intervene by Ruth Espinoza Armenta, Rosalva Solis Barreto, Maritza J Betanzos, Gregorio Santos Cabrera, Nohemi Santiago Calera, Gabriel de la Cruz Cardenas, Beatrice Colores, Gabriel de la Cruz, Nicolasa Huerta Flores, Maria Betanzos Gomez, Maria de la Luz Gonzales, Patricia Gonzales, Omar Leon, Francisco Fuentes Martinez, Araceli Ocampo Medina, Graciela Gonzales Mendoza, Nohemi Garcia Nunez, Mireya Ortega, Yesenia Soto Ortega, Ana Maria Garcia Perez, Ana Maria Garcia Perez, Sulamita Garcia Perez, Maria Elena Osorio Rodriquez, Ana Maria Quevedo Rojo, Maria J Gonzales Solis, Juana Rosa Garcia Soto, Maria F Garcia Soto, Araceli Hernandez Vera [2-1] [2-1] (MAP) (Entered: 07/19/2000)

MOTION to set aside order of Intervention by dfts (all) [6-1] (MAP) (Entered: 07/19/2000)

RETURN OF SERVICE EXECUTED (summons/complaint) upon Kathy Cheshire for dft Palestra Capital LLC on 7/14/00 (MAP) (Entered: 07/19/2000)

RETURN OF SERVICE EXECUTED (summons/complaint) upon Statutory Agent for dft Quality Art LLC on 7/14/00 (MAP) (Entered: 07/19/2000)

AMENDED COMPLAINT by pla EEOC; jury demand [1-1]; adding Palestra Capital Fnd (MAP) (Entered: 07/24/2000)

ORDER by Judge Stephen M. McNamee denying motion to set aside order of Intervention by dfts (all) [6-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 08/01/2000)

MOTION to strike Dfts' Response to Intervening Plas' Motion to Intervene by intervenors (all) [10-1] (MAP) (Entered: 08/07/2000)

RETURN OF SERVICE EXECUTED (summons/complaint) upon Statutory Agent for dft Quality Art LLC on 8/1/00 (MAP) (Entered: 08/07/2000)

RETURN OF SERVICE EXECUTED (summons/complaint) upon Statutory Agent for dft Palestra Capital LLC on 8/1/00 (MAP) (Entered: 08/07/2000)

ANSWER to Amended Complaint by dfts (all) (MAP) (Entered: 08/08/2000)

ORDER by Judge Stephen M. McNamee denying as moot motion to strike Dfts' Response to Intervening Plas' Motion to Intervene by intervenors (all) [10-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 08/08/2000)

ANSWER to Complaint in Intervention by dft Palestra Capital Fnd (MAP) (Entered: 08/24/2000)

NOTICE by pla EEOC of change of address for atty Stephen Montoya (MAP) (Entered: 09/19/2000)

RETURN OF SERVICE EXECUTED personal upon Kathy Chesire, Agent for dft Quality Art LLC on 10/18/00 re: summons and complaint (former emp) (Entered: 10/25/2000)

MOTION to extend time in which to serve Dft Justin Heymann by Intervening Plaintiffs [18-1] (MAP) (Entered: 10/30/2000)

ORDER by Judge Stephen M. McNamee granting motion to extend time in which to serve Dft Justin Heymann by Intervening Plaintiffs [18-1]; pla shall have until and including 11/30/00 to serve Justin Heymann (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/31/2000)

RETURN OF SERVICE EXECUTED personal upon John A Burns Sr on 10/19/00 re: summons and complaint (former emp) (Entered: 11/03/2000)

RETURN OF SERVICE of by intervenors re: summons and mtn to intervene upon Alfredo Perez, Office Coordinator for dft Palestra Capital Partners on 10/25/00 (former emp) (Entered: 11/06/2000)

ANSWER to complaint in intervention by dft Quality Art LLC (former emp) (Entered: 11/08/2000)

ANSWER by John A Burns Sr to complaint in intervention (former emp) (Entered: 11/13/2000)

MOTION to extend time to serve dft Palestra Capital Partners by intervenor Plas until 12/15/00 [24-1] (former emp) (Entered: 11/15/2000)

ORDER by Judge Stephen M. McNamee granting motion to extend time to serve dft Palestra Capital Partners by intervenor Plas until 12/15/00 [24-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/17/2000)

ANSWER by Justin C Heyman to complaint in intervention (former emp) (Entered: 11/22/2000)

AMENDED ANSWER to [23-1] by John A Burns Sr to complaint in intervention (former emp) (Entered: 11/29/2000)

RETURN OF SERVICE EXECUTED upon Lisa Heyman for dft Justin C Heyman on 10/31/00 mtn/summons/complaint (former emp) (Entered: 12/01/2000)

NOTICE by pla EEOC of preparedness for scheduling of Rule 15 Conference (former emp) (Entered: 12/01/2000)

OBJECTIONS to EEOC's notification of preparedness for scheduling Rule 16 Conference by dft Quality Art LLC, dft Palestra Capital LLC, dft Palestra Capital Fnd, dft Justin C Heyman (former emp) (Entered: 12/06/2000)

RESPONSE by pla EEOC to dfts objection [30-1] to EEOC's notification of preparedness for Scheduling Rule 16 Conference (former emp) (Entered: 12/13/2000)

JOINDER by intervenors to [29-1] EEOC's notification of preparedness for scheduling of Rule 16 Conference (former emp) (Entered: 12/14/2000)

STIPULATION that the Commission shall be granted leave to file the proposed second amended complaint by pla EEOC, dft Quality Art LLC, dft Palestra Capital LLC, dft Palestra Capital Fnd (proposed second amended complaint UNSIGHED attached to this document) (former emp) Modified on 12/14/2000 (Entered: 12/14/2000)

12/21/2000) 228.645 KB Emergency Motion to Approve Sale , Ex Parte Motion for Order Authorizing Trustee to Conduct Immediate Liquidation Sale of Estate Assets Free and Clear of Liens filed by JAMES E. CROSS of CROSS & MEDA P.L.C. on behalf of LOTHAR GOERNITZ. (Woerner, Colleen)

ORDER by Judge Stephen M. McNamee granting stipulation that pla shall be granted leave to file its proposed second amended complaint (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/19/2000)

RESPONSE by dft Quality Art LLC, dft Palestra Capital LLC, dft Palestra Capital Fnd, dft Justin C Heyman to intervening plas joinder [32-1] in EEOC's notification of preparedness for scheduling of Rule 16 Conference (former emp) (Entered: 12/20/2000)

NOTICE by dft Quality Art LLC of filing bankruptcy - case stayed as to Quality Art, LLC (former emp) (Entered: 12/21/2000)

SECOND AMENDED COMPLAINT by pla EEOC; jury demand [8-1] terminating intervenor Graciela Gonzales Mendoza, intervenor Araceli Ocampo Medina, intervenor Gabriel de la Cruz Cardenas ;adding Heriberto Mosqueda Cardenas as intervenor (former emp) Modified on 12/27/2000 (Entered: 12/27/2000)

NOTICE by dft Quality Art LLC of filing bankruptcy - case stayed as to Quality Art, LLC, an Arizona limited liability company (former emp) Modified on 12/29/2000 (Entered: 12/29/2000)

STANDARD CIVIL TRACK INITIAL ORDER by Judge Stephen M. McNamee that this action is designated a standard track case. (cc: all counsel) re: order [39-1] (KMG) (ADI-ICMS, ). (Entered: 12/29/2000)

RETURN OF SERVICE UNEXECUTED - attempted upon dft Justin C Heyman (former emp) (Entered: 01/03/2001)

RETURN OF SERVICE UNEXECUTED - attempted upon Evelyn C Arkebauer for dft Palestra Capital Prt (former emp) (Entered: 01/03/2001)

01/04/2001) 0.893792 Trustee Intent to Abandon Property filed by JAMES E. CROSS of CROSS & MEDA P.L.C. on behalf of LOTHAR GOERNITZ. Objections/Responses due by

(Temple, Michael). (Entered: 01/09/2001) 77.384 Affidavit of Service (related document(s) 8 , 9 ) filed by JOE T. STROUD III of SNELL & WILMER, L.L.P. on behalf of COMERICA BANK. (STROUD, JOE) (Entered:

NOTICE by dft Quality Art LLC of filing bankruptcy - case stayed as to Dft Quality Art LLC (MAP) (Entered: 01/24/2001)

Mary) (Entered: 03/07/2001) 43.905 Application for Compensation by Professional Employed by Trustee filed by GEORGE CUNNINGHAM on behalf of GEORGE CUNNINGHAM. (Cantrell, Patty) (Entered:

MOTION to substitute the law firm of Sacks Tierney PA in place of Steptoe & Johnson (to terminate attys Lawrence A Katz, Catherine D. Ellingsen, add Mark D. Dillon) by dft John A Burns Sr [43-1] (former emp) (Entered: 02/08/2001)

ORDER by Judge Stephen M. McNamee granting motion to substitute the law firm of Sacks Tierney PA in place of Steptoe & Johnson (to terminate attys Lawrence A Katz, Catherine D. Ellingsen) by dft John A Burns Sr [43-1] attorney Catharine Davis Ellingsen for John A Burns Sr, attorney Lawrence Allen Katz for John A Burns (cc: all counsel) (KMG) (ADI-ICMS, ). (Entered: 02/13/2001)

NOTICE by pla EEOC of position with respect to legal effect of bankruptcy filing by dft Quality Art, LLC (former emp) (Entered: 02/28/2001)

ORDER by Judge Stephen M. McNamee the Court will treat the notice of EEOC's [45-1] position with respect to legal effect of Bankruptcy filing by dft Quality Art, LLc as a motion to vacate the automatic stay; FURTHER ORDERED that all parties interested in responding to the EEOC's mtn do so by 3/16/01; EEOC will have until 3/23/01 to file a reply (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 03/02/2001)

JOINDER by intervening plas to [45-1] EEOC's mtn to lift stay ( NOTICE by pla EEOC of position with respect to legal effect of bankruptcy filing by dft Quality Art, LLC) (former emp) (Entered: 03/20/2001)

RESPONSE by dft Palestra Capital Fnd, dft Justin C Heyman to NOTICE by pla EEOC of position with respect to legal effect of bankruptcy filing by dft Quality Art, LLC (former emp) (Entered: 03/20/2001)

(Estrella, Mary) (Entered: 03/26/2001) Order Directing the Trustee to Pay Auctioneer's Fees and Expenses (Related Doc # 37 ) signed on 3/29/2001 (Ross,

ORDER by Judge Stephen M. McNamee that the action is stayed as to dft Quality Art, LLC ONLY; FURTHER ORDERED that the action against dft Quality Art, LLC is stayed as to all plas except for the EEOC which is exempt from the automatic stay purs to 11 USC 362; Stay ddl is 7/26/01; FURTHER ORDERED vacating [36-1] stay motion case stayed as to Quality Art, LLC, vacating show, vacating [38-1] stay motion case stayed as to Quality Art, LLC, an Arizona limited liability company, vacating [38-2] show, vacating [42-1] stay motion case stayed as to Dft Quality Art LLC, vacating [42-2] show (per law clerk) (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 03/28/2001)

NOTICE by dft Palestra Capital Fnd, dft Justin C Heyman of change of address for counsel Lawrence J. Rosenfeld, Michael Lungaretti (former emp) (Entered: 04/10/2001)

STIPULATION for entry of judgment by pla EEOC, dft Quality Art LLC (former emp) (Entered: 04/30/2001)

ORDER by Judge Stephen M. McNamee ; prel scheduling conf set for 4:00 11/20/01 (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 05/15/2001)

MINUTE ORDER: IT IS ORDERED setting an in court hearing, regarding the proposed judgment submitted on April 27, 2001 for Monday, July 30, 2001 at 9:00 a.m. before the Honorable Stephen M. McNamee in courtroom #605 (cc: all counsel/MP) [53-3] (ALL) (Entered: 05/19/2001)

STIPULATION for entry of judgment by pla and Chapt. 7 Trustee (per the minute entry of 7/30/01, attached to this pleading....this copy of the stipulation for entry of jgm is filed as the second part of the notice filed 54 that states that a copy of the stipulation for entry of jgm were mailed first class to the parties as indicated in the notice on 6/22/01 by pla; this stipulation is document number 54a) (former emp) Modified on 07/31/2001 (Entered: 07/31/2001)

case stayed as to Palestra Capital Fund III, LLC NOTICE by dft Palestra Capital Fnd of filing bankruptcy (former emp) (Entered: 12/07/2001)

MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: David Lee. PRESENT: P David Lopez for plaintiff. Stephen G. Montoya for interpleader plaintiffs. Mark Douglas Dillon for defendants. In court hearing, regarding stipulation for judgment held. IT IS ORDERED that the Clerk of the Court file the proposed stipulation and judgment as document 54a, so that it tracks the actual notice. The Court signs the judgment in open Court. [cc: all counsel/MP] [56-3] (ALL) (Entered: 07/30/2001)

07/31/2001) 48.173 KB Notice of Motion for Relief from Stay (related document(s) 57 ) filed by JOSEPHINE E PIRANIO of MOSS PITE & DUNCAN LLP on behalf of BOMBARDIER CAPITAL INC.. (Ross, Phyllis) (Entered:

JUDGMENT by Judge Stephen M. McNamee : granting stipulation for entry of jgm by pla and Quality Art; FURTHER ORDERED that pursuant to Rule 54(b), that jgm is entered against Quality Art and in favor of the EEOC in the amount of $3,500,000.00 (three million, five hundred thousand dollars) (cc: all counsel) re: judgment [57-1] (former emp) (ADI-ICMS, ). (Entered: 08/01/2001)

MOTION to engage in discovery before the Court's preliminary pretrial conference of 11/20/01 by intervenors [58-1] (former emp) (Entered: 08/07/2001)

RESPONSE by dft Justin C Heyman to motion to engage in discovery before the Court's preliminary pretrial conference of 11/20/01 by intervenors [58-1] (former emp) (Entered: 08/08/2001)

RESPONSE by dft John A Burns Sr to motion to engage in discovery before the Court's preliminary pretrial conference of 11/20/01 by intervenors [58-1] (former emp) (Entered: 08/10/2001)

(Estrella, Mary) (Entered: 09/14/2001) 7.726 KB Certificate of Service and No Objections Re Stipulation to Allow Administrative Claim and Surcharge (related document(s) 61 , 62 , 63 ) filed by JAMES E. CROSS of OSBORN MALEDON P.A. on behalf of LOTHAR

ORDER by Judge Stephen M. McNamee denying motion to engage in discovery before the Court's preliminary pretrial conference of 11/20/01 by intervenors [58-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 09/27/2001)

MOTION to appear telephonically at the Rule 16 Preliminary Pretrial Conference scheduled for 11/20/01 by dft Justin C Heyman [62-1] (MAP) (Entered: 10/20/2001)

ORDER by Judge Stephen M. McNamee granting motion to appear telephonically at the Rule 16 Preliminary Pretrial Conference scheduled for 11/20/01 by dft Justin C Heyman [62-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/31/2001)

NOTICE by pla EEOC to the Court of (A) filing of application for default against Palestra Capital Fund III and (B) inability to submit case management pla purs to Court's Order due to bankruptcy of dfts named in this action (former emp) (Entered: 11/14/2001)

MOTION for permission to appear telephonically at 11/20/01 preliminary pretrial conference by dft John A Burns Sr [65-1] (former emp) (Entered: 11/14/2001)

MOTION/APPLICATION for entry of default as to Palestra Capital Fnd by pla EEOC [66-1] (former emp) (Entered: 11/16/2001)

PROPOSED CASE MGT PLAN (former emp) (Entered: 11/16/2001)

ORDER by Judge Stephen M. McNamee granting motion for permission for Mark D Dillon to appear telephonically at 11/20/01 preliminary pretrial conference by dft John A Burns Sr [65-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/16/2001)

MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: Rose Huckaby-Cotton. PRESENT: Daniel R. Ortega and Stephen G Montoya for plaintiffs. Plaintiffs, Ruth Espinoza Armenta, Beatrice Colores, Nicolasa Huerta Flores, Patricia Gonzales, Yesenia Soto Ortega, Ana Maria Garcia Perez, Sulamita Garcia Perez, Araceli Hernandez Vera for plaintiffs. PRESENT: Lawrence Jay Rosenfeld and Mary McNear for defendants. APPEARING TELEPHONICALLY: Mark Douglas Dillon for defendants. Defendant, Justin C. Heyman. PRESENT: Defendant, John A. Burns. Rule 16 preliminary Scheduling Conference held. The parties stipulate to have a Magistrate Judge conduct the settlement conference. IT IS ORDERED that a Magistrate Judge be drawn at random lot for the purpose of conducting a settlement conference during the week of February 5, 2002. Magistrate Judge Morton Sitver drawn at random lot. Order to follow. [cc: all counsel/MP/MS] [69-2] (ALL) (Entered: 11/21/2001)

ERRATA by dft Justin C Heyman to joint pretrial schedule [67-1] that the case management plan should read "Plaestra Capital Fund III LLC filed bankruptcy on 7/13/01" (former emp) (Entered: 11/27/2001)

ORDER by Judge Stephen M. McNamee that Magistrate Judge Sitver has been assigned for the purpose of conducting a settlement conference during the week of 2/5/02; FURTHER ORDERED that if any pla fails to appear at the settlement conference, they are subject to having their case dismissed; FURTHER ORDERED directing counsel for the pla to make arrangements to have a Spanish interpreter available at the settlement conference for their clients (cc: all counsel) re: order filed [71-1] (former emp) (ADI-ICMS, ). (Entered: 11/27/2001)

by 2/28/2002. (Beeby, Virginia) (Entered: 11/28/2001) Notice of Claims Bar Date and Certificate of Service

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE STATEMENT ORDER by Mag Judge Morton Sitver ; settlement conference set for 9:00 2/4/02, before Mag Judge Morton Sitver (all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/29/2001)

MOTION for Magistrate Judge to amend Settlement Conference Statement Order by dft John A Burns Sr [73-1] (lodged document not submitted) (former emp) (Entered: 12/04/2001)

ORDER by Judge Stephen M. McNamee that this action is stayed as to Plaestra Capital LLC; FURTHER ORDERED denying motion for entry of default as to Palestra Capital Fnd by pla EEOC [66-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/04/2001)

AMENDED ORDER by Judge Stephen M. McNamee that the action is stayed as to Palestra Capital Fund III; FURTHER ORDERED denying without prejudice the motion for entry of default as to Palestra Capital Fnd by pla EEOC [66-1] (cc: all counsel)(former emp) Modified on 12/11/2001 (ADI-ICMS, ). (Entered: 12/11/2001)

ORDER by Magistrate Judge Morton Sitver that this Court's Order filed 11/29/01 72, be clarified as to the parties that are required to attend the settlement conference scheduled for 2/4/02 at 9:00am. All 27 parties to this action are required to be present at the settlement conference (cc: all counsel) (MAP) Modified on 12/14/2001 (ADI-ICMS, ). (Entered: 12/14/2001)

ORDER by Mag Judge Morton Sitver amending the 11/28/01 Notice of Settlement and Settlement Conference Statement Order as follows: settlement conference set for 9:00 2/4/02 Counsel shall appear at the settlement conference w/each of the parties to settle the case (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 12/14/2001)

STIPULATION to Change Time/Continue Settlement Conference (In Time On) to 1:00 p.m. [77-2] by pla, dft, intervenor, (KMG) (Entered: 01/11/2002)

ORDER by Mag Judge Morton Sitver granting stipulation to Change Time/Continue Settlement Conference (In Time On) to 1:00 p.m. [77-2] by pla, dft, intervenor, ; Settlement conference reset (TIME ONLY) for 1:00 2/4/02, before Mag Judge Morton Sitver (cc: all counsel) (KMG) (ADI-ICMS, ). (Entered: 01/11/2002)

MINUTE ENTRY before Mag Judge Morton Sitver settlement conference held No Settlement reached [cc: SMM] [80-2] (MAP) (Entered: 02/06/2002)

MOTION to dismiss as to dft John A Burns Sr by dft John A Burns Sr [81-1] (former emp) (Entered: 02/19/2002)

MOTION to dismiss portons of the plas' complaint which rely on allegations of sexual harassment or gender discrimination by dft John A Burns Sr [82-1] (former emp) (Entered: 04/23/2002)

Unopposed MOTION to extend time to respond to dft John Burns' mtn to dismiss by intervenor plaintiffs [83-1] (former emp) (Entered: 05/10/2002)

ORDER by Judge Stephen M. McNamee granting motion to extend time until 5/13/02 to respond to dft John Burns' mtn to dismiss by intervenor plaintiffs [83-1] (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 05/13/2002)

ORDER by Judge Stephen M. McNamee granting motion to dismiss as to dft John A Burns Sr by dft John A Burns Sr [81-1] party John A Burns dismissed; FURTHER ORDERED the following plas are dismissed without prejudice for failure to appear and comply with the Orders of the Court: party Maritza J Betanzos, party Nohemi Santiago Calera, party Heriberto Mosqueda Cardenas, party Araceli Ocampo Medina party Araceli Hernandez Vera (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 05/13/2002)

RESPONSE by pla intervenors to motion to dismiss as to dft John Burns Sr by dft John A Burns Sr [81-1] (former emp) (Entered: 05/16/2002)

REPLY by dft John A Burns Sr to motion to dismiss as to dft John A Burns Sr by dft John A Burns Sr [81-1] (MAP) (Entered: 05/29/2002)

STIPULATION to dismiss w/prejudice as to all claims against Dfts Justin Heyman and Palestra Capital by Pla EEOC, Dfts Palestra Capital Prt, Justin C Heyman (MAP) (Entered: 06/01/2002)

(Entered: 07/10/2002) Certificate of Service and No Objections filed by JAMES E. CROSS of OSBORN MALEDON P.A. on behalf of LOTHAR GOERNITZ. (Attachments: # 1 Proposed

Order)(CROSS, JAMES) (Entered: 07/30/2002) Certificate of Service and No Objections filed by JAMES E. CROSS of OSBORN MALEDON P.A. on behalf of LOTHAR GOERNITZ.(related document(s) 89 ) (Attachments: # 1 Proposed Order)(CROSS, JAMES)

ORDER by Judge Stephen M. McNamee granting stipulation to dismiss w/prejudice as to all claims against Dfts Justin Heyman and Palestra Capital by Pla EEOC, Dfts Palestra Capital Prt, Justin C Heyman, each party to bear their own costs and attorneys fees; party Palestra Capital Prt, party Justin C Heyman terminated (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 08/06/2002)