Case: Norris v. Metro-North Commuter Railroad Co.

Norris v. Metro-North Commuter

Norris v. Metro-North Commuter

Norris v. Metro-North Commuter

Norris v. Metro-North Commuter

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); Jury Trial Dem. FILING FEE $ 120 RECEIPT # 247716 (sc) (Entered:

RETURN OF SERVICE executed as to Metro − North Comm. by Linda Montanino, legal dept. on 10/11/95. Answer due on 10/31/95 for Metro − North Comm. (emil) (Entered: 10/24/1995)

STIPULATION and ORDER, answer due for 11/30/95 for Metro − North Comm. ( signed by Judge Sonia Sotomayor ). (cd) (Entered: 11/01/1995)

Case accepted as related to 94CIV7374. Notice of assignment to follow. (ba) (Entered: 11/01/1995)

Notice of asgmnt. _ to Judge Sonia Sotomayor Copy of notice and judge's rules mailed to Attorney(s) of record: Alan L. Fuchsberg . (ba) (Entered: 11/01/1995)

CASE MANAGEMENT PLAN setting Answer to be filed by 12/15/95 for Metro − North Comm. ( signed by Judge Sonia Sotomayor ) ; Copies mailed (kk) (Entered: 12/08/1995)

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Motion or other Motion which does not require a report and recommendation ( signed by Judge Sonia Sotomayor ) Referred to Magistrate Judge Naomi R. Buchwald (kg) (Entered: 12/12/1995)

ANSWER to Complaint by Metro − North Comm. (Attorney Myron D. Rumeld) (kw) (Entered: 12/18/1995)

Rule 9 certificate filed by Metro − North Comm. (kw) (Entered: 12/18/1995)

Notice of reasgmnt _ to Judge Barbara S. Jones Copy of notice mailed to Attorney(s) of record: Myron D. Rumeld, Alan L. Fuchsberg . (rjm) (Entered: 01/30/1996)

NOTICE OF MOTION by Raymond Norris, Marvin Edwards, Eric Jones, Giesele Miguel to certify a class purs. to the FRCP, Rule 23(b)(2) , to consolidate this case w/ 94 CV 7374 , Return date not indicated. For original entries regarding this motion see 94 CV 7374. (emil) Modified on 11/19/1996 (Entered: 11/19/1996)

Notice of reasgmnt _ to Judge Jed S. Rakoff Copy of notice and judge's rules mailed to Attorney(s) of record: Myron D. Rumeld, Alan L. Fuchsberg . (dg) (Entered: 02/26/1997)

Tele − conference held before Judge Rakoff on 4/8/97 (ls) (Entered: 04/09/1997)

Case Management Plan in a Standard or Complex Case: Joining of parties, amending of pleadings on 4/15/97 Deadline for filing of all motions 8/22/97 Discovery cutoff 8/7/97 ( signed by Judge Jed S. Rakoff ); Copies mailed. (Original doc. filed in case #94 Civ. 7374, doc. #35) (ae) (Entered: 04/11/1997)

STIPULATION and ORDER, for confidentiality ( signed by Judge Jed S. Rakoff ). (Original doc. filed in case #94 Civ. 7374, doc. #38) (ae) (Entered: 07/14/1997)

Tele − conference held before Judge Rakoff. (rag) (Entered: 08/06/1997)

ORDER, plaintiffs' motion for class certification is denied ( signed by Judge Jed S. Rakoff ); Copies mailed (Original is docketed in 94 civ. 7374 as doc. #40)) (kw) (Entered: 08/12/1997)

a telephone conference was held on 8/20/97 before Judge Rakoff in the above captioned case (ls) (Entered: 08/22/1997)

NOTICE OF MOTION by Metro − North Comm. for an Order, purs. to Rule 56 of the FRCP, for summary judgment ; Return date 9/25/97. (Original filed in 94 civ 7374, doc. #42) (sac) (Entered: 09/17/1997)

Rule 56.1 statement filed by Metro − North Comm. (original docketed in 94 − 7374,#44) (sac) Modified on 09/18/1997 (Entered: 09/17/1997)

AFFIDAVIT in support of Myron D. Rumeld by Metro − North Comm. Re: [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment . (original docketed in 94 − 7374, #45) (sac) Modified on 09/18/1997 (Entered: 09/18/1997)

AFFIDAVIT in support of Andrew J. Paul by Metro − North Comm. Re: [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original docketed in 94 − 7374,#46) (sac) (Entered: 09/18/1997)

AFFIDAVIT in support of Bova, Bownas, and Clark by Metro − North Comm. Re: [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original docketed in 94 − 7374,#47) (sac) (Entered: 09/18/1997)

AFFIDAVIT in support of Maurice J. Kiniry by Metro − North Comm. Re: [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original docketed in 94 − 7374,#48) (sac) (Entered: 09/18/1997)

MEMORANDUM by Raymond Norris, Marvin Edwards, Eric Jones, Daniele Canada, Giesele Miguel in opposition to [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original in 94 − 7374, #49) (sac) (Entered: 09/18/1997)

Rule 56.1 statement filed by Raymond Norris, Marvin Edwards, Eric Jones, Daniele Canada, Giesele Miguel. (original in 94 − 7374, #50) (sac) (Entered: 09/18/1997)

AFFIDAVIT in opposition of Alan L. Fuchsberg, Esq.; Harriet Zellner, PH.D.; and William Bielby, PH.D. by Raymond Norris, Marvin Edwards, Eric Jones, Daniele Canada, Giesele Miguel Re: [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (original in 94 − 7374, #51) (sac) (Entered: 09/18/1997)

CASE NO LONGER REFERRED TO Magistrate Judge Naomi R. Buchwald (sac) (Entered: 04/24/2000)

Court Exhibit 1 of Oral Argument on 10/6/97. (Original entry docketed in 94 civ. 7374 as doc. # 52) (kw) (Entered: 10/07/1997)

REPLY MEMORANDUM by Metro − North Comm. re: in support of [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (Orig. docketed in 94 civ 7374, #53). Received in the night deposit box on 10/22/97 at 5:34 p.m. (sac) (Entered: 10/24/1997)

Reply affidavit of Myron D. Rumeld by Metro − North Comm. in support of [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. (Orig. Docketed in 94 civ 7374, #54). Received in the night deposit box on 10/22/97 at 5:34 p.m. (sac) (Entered: 10/24/1997)

REPLY MEMORANDUM by pltffs' re: in opposition to [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment. Orig. filed in 94 civ 7374, doc. #56. (sac) (Entered: 11/06/1997)

ORDER; while the Court will enter the stipulation of dismissal as to all other parties and claims at this time, it must defer entering the dismissal as to Ms. Jones until and unless approval of the Bankruptcy Judge presiding over the Bankruptcy action w/ respect to any settlement of the claims brought by pltff Tammy Jones, is secured; so that the matter does not languish, the parties are ordered to jointly call Chmbrs. at 1:15 p.m. on 2/17/98 to apprise the Court whether the approval of the Bankruptcy Judge has been obtained; ( signed by Judge Jed S. Rakoff ); Copies mailed; note: orig. doc. fld. in case no. 94 civ 7374 (JSR) (ls) (Entered: 01/20/1998)

MEMORANDUM ORDER granting in part, denying in part [0 − 1] motion for an Order, purs. to Rule 56 of the FRCP, for summary judgment; defendant's summary judgment motion is granted as to all claims to which it is directed except for those specified in the first sentence of this order ( signed by Judge Jed S. Rakoff ); Copies mailed (Original entry is docketed in 94 civ. 7374 as doc. #60) (kw) (Entered: 01/21/1998)

fld Excerpts from deposition transcripts, relied upon in opposition to deft's motion for summary judgment (original in 94cv7374) (cd) (Entered: 03/19/1998)

Tele − conference held before Judge Rafoff. (Original entry is docketed in 94 civ. 7374) (kw) (Entered: 05/05/1998)

ORDER, the Court dismisses this action with prejudice as to Ms Jones on the terms and conditions set forth with respect to certain other plntfs in the Stip and Order dated 1/15/98; all claims in this action having therefore been resolved, the Clerk of the Court is directed to enter final judgment dismissing this action in its entirety ( signed by Judge Jed S. Rakoff ); Copies mailed; sent for jgmnt (original docketed in 94cv7374) (cd) (Entered: 05/13/1998)

STIPULATION and ORDER for SUBSTITUTION of COUNSEL, John R. Quinn, shall be and hereby is substituted as counsel for plaintiff Veronica Caridad in this action as of 4/1/98, in place of The Jacob D. Fuchsber Lawfirm ( signed by Judge Jed S. Rakoff ) (orig. doc. in case #94 civ. 7374, doc. #69)(ae) Modified on 05/14/1998 (Entered: 05/14/1998)

JUDGMENT; that purs. to the Court's Order dtd. 5/11/98, this action is dismissed w/ prejudice as to Ms. Jones on the terms and conditions set forth in the Stipulation and Order dtd. 1/15/98; that this action is dismissed in its entirety; (signed: James M. Parkison, Clerk); mailed copies and notice of right to appeal; EOD 5/15/98; orig. doc. fld. in case no. 94 civ 7374 (JSR) (ls) (Entered: 05/15/1998)

Case closed (ls) (Entered: 05/15/1998)

NOTICE OF APPEAL by Raymond Norris, Marvin Edwards, Eric Jones, Daniele Canada ; from [0 − 1] judgment order, [0 − 1] order the Court dismisses this action with prejudice as to Ms Jones on the terms and conditions set forth with respect to certain other plntfs in the Stip and Order dated 1/15/98; all claims in this action having therefore been resolved, the Clerk of the Court is directed to enter final judgment dismissing this action in its entirety, [0 − 2] relief, [0 − 1] order plaintiffs' motion for class certification is denied, [0 − 2] relief . Copies of notice of appeal mailed to Attorney(s) of Record: Myron D. Rumeld . $105.00 Appeal filing fee paid on June 12, 1998 on receipt # E 318373. (dt) (Entered: 06/12/1998)

NOTICE OF APPEAL ; from [0 − 1] order defendant's summary judgment motion is granted as to all claims to which it is directed except for those specified in the first sentence of this order, [0 − 2] relief, [0 − 1] order the Court dismisses this action with prejudice as to Ms Jones on the terms and conditions set forth with respect to certain other plntfs in the Stip and Order dated 1/15/98; all claims in this action having therefore been resolved, the Clerk of the Court is directed to enter final judgment dismissing this action in its entirety, [0 − 2] relief, [0 − 1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Myron D. Rumeld . $105.00 Appeal filing fee paid on June 12, 1998 on

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [12 − 1] appeal (as) (Entered: 08/05/1998)

MANDATE OF USCA (certified copy) Re: affirmed/reversed [12 − 1] appeal, [11 − 1] appeal by Daniel Canada, Eric Jones, Marvin Edwards, Raymond Norris − ON CONSIDERATION WHEREOF, it is now hereby ORDERED, ADJUDGED and DECREED that the judgment of said district court be and it hereby is affirmed in part, and reversed in part in accordance with the opinion of this court − "reverse the District Court's judgment to the extent that it denied certification of the proposed class and affirm to the extent that it dismissed Caridad's sexual harassment claim." Judge Walker dissents in part with a separate opinion, disagreeing with the class certification ruling. FOR THE COURT: Karen Greve Milton, Acting Clerk by: Beth J. Meador Adm. Attorney MANDATE:10/13/99 (rag) (Entered: 10/28/1999)

Case reopened (rag) (Entered: 10/29/1999)

Case Management Plan; pltffs shall designate their experts, and submit expert reports (or confirm that they are relying upon expert reports or expert affdvts. previously served) by 2/28/00; deft shall designate its experts, and submit expert reports (or confirm that it is relying upon expert reports or expert affdvts. previously served) by 3/15/00; experts may be deposed, but such depos. must occur w/in the time limit for all depos. set forth below; requests to admit, if any, are to be served by 2/22/00; all depos. (incl. any expert despos., see item 1 above) are to be completed by 3/31/00; all discovery is to be completed by 3/31/00 and all discovery requests are to be served so as to allow adequate time (as precribed by the F.R.C.P.) for a response by the discovery deadline; interim deadlines for items 1 − 3 above may be extended by the parties on consent w/o application to the Court, provided the parties are certain they can still meet the discovery completion date of 3/31/00 orderd by the Court, which shall not be adjourned except upon a showing of extraordinary circumstances; ( signed by Judge Jed S. Rakoff ); copies mailed; orig. doc. fld. in case no. 94 Civ. 7374 (JSR) (doc. #83) (ls) (Entered: 12/13/1999)

SUPPLEMENTAL MEMORANDUM OF LAW by Metro − North Comm. in opposition to Plaintiffs' Motion for Class Certification. (original docmt dktd in case no. 94 cv. 7374, docmt. 84) (djc) (Entered: 12/21/1999)

NOTICE OF MOTION by Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel, for an order granting plaintiffs' motion for class certification under a combination of rule 23(b)(2) and 23(b)(3) ; Bifurcating the trial under 42(b) with liability, injunctive and equitable relief to be decided in the first phase and compensatory damages in the second phase . Return date 1/19/00 at 3:00 p.m. (Original filed in 94 cv 7374 doc #85) (ri) Modified on 04/25/2000 (Entered: 12/22/1999)

MEMORANDUM OF LAW by Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel in support of [0 − 1] motion for an order granting plaintiffs' motion for class certification under a combination of rule 23(b)(2) and 23(b)(3), [0 − 2] motion Bifurcating the trial under 42(b) with liability, injunctive and equitable relief to be decided in the first phase and compensatory damages in the second phase. (Original filed in 94 Cv 7374 doc #86) (ri) (Entered: 12/22/1999)

MEMORANDUM ORDER; pltffs' motions for class certification and bifurcation are hereby denied ; in light of the settlement stipulation quoted in this memorandum order, the effect is also to dismiss the case w/ prejudice; Clerk to enter jdgmt. ; ( signed by Judge Jed S. Rakoff ); Copies mailed; forwareded orig. doc. to Jdgmt. Clerk; orig. doc. fld. in case no. 94 Civ. 7374 (JSR) doc. #89 (lf) (Entered: 09/29/2000)

JUDGMENT; that pursuant to the Court's Memorandum Order dated 9/27/00, plaintiffs' motion is denied and the action is dismissed with prejudice. (signed by James M. Parkison, Clerk of Court); Mailed copies and notice of right to appeal. Entered On Docket: 10/03/00; original document docketed in 94cv7374 as document #90. (pl) Modified on 10/03/2000 (Entered: 10/03/2000)

Case closed. (pl) (Entered: 10/03/2000)

NOTICE OF APPEAL by Raymond Norris, Marvin Edwards, Eric Jones, Daniel Canada ; from [0 − 1] judgment order, [0 − 1] order pltffs' motions for class certification . Copies of notice of appeal mailed to Attorney(s) of Record: John R. Quinn, Esq. and Myron Rumeld, Esq. $105.00 Appeal filing fee paid 11/1/00 on receipt # E 388665. (dt) (Entered: 11/02/2000)

Notice of appeal and certified copy of docket to USCA: [15 − 1] appeal by Daniel Canada, Eric Jones, Marvin Edwards, Raymond Norris ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 11/02/2000)

USCA Case Number Re: [15 − 1] appeal by Daniel Canada, Eric Jones, Marvin Edwards, Raymond Norris USCA NUMBER: 00 − 9423. (dt) (Entered: 01/09/2001)

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [15 − 1] appeal by Daniel Canada, Eric Jones, Marvin Edwards, Raymond Norris. (dt) (Entered: 02/23/2001)

MANDATE OF USCA (certified copy) Re: [15 − 1] appeal by Daniel Canada, Eric Jones, Marvin Edwards, Raymond Norris. It is ordered, adjudged, and decreed tha tht judgment of said district court be and it herey is vacated and remanded with instructions in accordance with the opinion of this Court. Issued as mandate: 10/30/01, 00 − 9417(L), 00 − 9423(C) Roseann B. MacKechnie, Clerk, U.S.C.A. (rmo) (Entered: 11/07/2001)

Case reopened. (rmo) (Entered: 11/20/2001)

SUPPLEMENTAL ORDER; defendanit is authorized to produce, notwithstanding the New York Personal Privacy Protectin Law, responses to Plaintiffs' discovery demand requesting the relevant portions of personnel files and/or data being demanded, namely pertaining to specific class members contending disparate treatment in either promotion or discipline of the persons named in this Order ; ( signed by Judge Jed S. Rakoff ); Copies mailed. (original docmt dktd in case no. 94 cv 7374, d ocmt #94) (djc) Modified on 03/14/2002 (Entered: 03/14/2002)

SUPPLEMENTAL ORDER; that defendant is authorized to produce, notwithstanding the New York Personal privacy Protection Law, responses to plaintiffs' discovery demands as set forth in this Order . ( signed by Judge Jed S. Rakoff ); Copies mailed. Original document filed under case no. 94cv7374 (JSR), doc. # 95. (kkc) (Entered: 03/29/2002)

SUPPLEMENTAL ORDER; Defendant is hereby authorized to produce, notwithstanding the New York Personal Privacy Protection Law, responses to Plaintiffs' discovery demand requesting the relevant portions of personnel files and/or date being demanded, namely pertaining to specific class members contending disparate treatment in either promotion or discipline, as named in this Supplemental Order ; ( signed by Judge Jed S. Rakoff ); Copies mailed. (original docmt dkted in case no. 94 cg 7374, docmt #96) (djc) (Entered: 04/01/2002)

NOTICE OF MOTION (FILED ON SERVICE DATE) by Metro − North Comm. for an order pursuant to Rule 56 of the FRCP granting summary judgment to defendant, dismissing all claims . Return Date 5/29/02 at 9:00. Origional document filed in 94 − cv − 7374 (JSR). (db) (Entered: 05/08/2002)

REPLY BRIEF by Metro − North Comm. in support of [0 − 1] motion for an order pursuant to Rule 56 of the FRCP granting summary judgment defendant, dismissing all claims. Origional document filed in 94 − cv − 7374 (JSR), Doc # 99. (db) (Entered: 05/28/2002)

AFFIDAVIT of Katherine H. Parker by Metro − North Comm. in support of [0 − 1] motion for an order pursuant to Rule 56 of the FRCP granting summary judgment to defendant, dismissing all claims. Origional document filed in 94 − cv − 7374 (JSR), Doc # 100. (db) (Entered: 05/28/2002)

RULE 56.1 STATEMENT filed by Metro − North Comm. Received in night deposit box on 5/22/02 at 5:12 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 101. (db) (Entered: 06/03/2002)

MEMORANDUM OF LAW by Metro − North Comm. in opposition to [0 − 1] motion for an order granting plaintiffs' motion for class certification under a combination of rule 23(b)(2) and 23(b)(3), [0 − 2] motion Bifurcating the trial under 42(b) with liability, injunctive and equitable relief to be decided in the first phase and compensatory damages in the second phase. Received in night deposit box on 5/22/02 at 5:12 p.m. Origiona document filed in 94 − cv − 7374 (JSR), Doc # 102. (db) (Entered: 06/03/2002)

MEMORANDUM OF LAW by Raymond Norris, Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel re: [0 − 1] motion for an order granting plaintiffs' motion for class certification under a combination of rule 23(b)(2) and 23(b)(3), [0 − 2] motion Bifurcating the trial under 42(b) with liability, injunctive and equitable relief to be decided in the first phase and compensatory damages in the second phase. Recieved in night deposit box on 5/22/02 at 5:12 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 103. (db) (Entered: 06/03/2002)

REPLY MEMORANDUM by Raymond Norris, Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel re: [0 − 1] motion for an order granting plaintiffs' motion for class certification under a combination of rule 23(b)(2) and 23(b)(3), [0 − 2] motion Bifurcating the trial under 42(b) with liability, injunctive and equitable relief to be decided in the first phase and compensatory damages in the second phase. Received in night deposit box on 5/22/02 at 5:12 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 104. (db) (Entered: 06/03/2002)

NOTICE OF MOTION (FILED ON SERVICE DATE) by Raymond Norris, Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel for an order pursuant to Rule 15(d) of the FRCP extending time on same claims to the present time . Return Date 5/29/02 at 3:00. Received in night deposit box on 5/22/02 at 5:11 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc 105. (db) (Entered: 06/03/2002)

MEMORANDUM OF LAW by Raymond Norris, Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel in support of [0 − 1] motion for an order pursuant to Rule 15(d) of the FRCP extending time on same claims to the present time. Received in night deposit box on 5/22/02 at 5:11 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 106. (db) (Entered: 06/03/2002)

Reply affidavit of Alan L. Fuchsberg by Raymond Norris, Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel in support of [0 − 1] motion for an order pursuant to Rule 15(d) of the FRCP extending time on same claims to the present time. Received in night deposit box on 5/22/02 at 5:13 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 107. (db) (Entered: 06/03/2002)

AFFIDAVIT of Anthony J. Conti by Metro − North Comm. Re: personal knowledge. Received in night deposit box on 5/22/02 at 5:13 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 109. (db) (Entered: 06/03/2002)

MEMORANDUM OF LAW by Metro − North Comm. in opposition to [0 − 1] motion for an order pursuant to Rule 15(d) of the FRCP extending time on same claims to the present time. Recieved in night deposit box on 5/22/02 at 5:13 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 110. (db) (Entered: 06/03/2002)

AFFIDAVIT of Raymond Burney by Metro − North Comm. in support of [0 − 1] opposition memorandum. Recieved in night deposit box on 5/22/02 at 5:13 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 111. (db) (Entered: 06/03/2002)

AFFIDAVIT of John Militano by Metro − North Comm. Received in night deposit box on 5/22/02 at 5:13 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 112. (db) (Entered: 06/03/2002)

AFFIDAVIT of David A. Bownas by Metro − North Comm. Re: personal knowledge. Received in night deposit box on 5/22/02 at 5:13 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 113. (db) (Entered: 06/03/2002)

AFFIDAVIT of Marianna Panetta by Metro − North Comm. Re: personal knowledge. Received in night deposit box on 5/22/02 at 5:13 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 114. (db) (Entered: 06/03/2002)

AFFIDAVIT of Katharine H. Parker by Metro − North Comm. in support of [0 − 1] opposition memorandum. Receieved in night deposit box on 5/22/02 ar 5:12 p.m. Origional document filed in 94 − cv − 7374 (JSR), Doc # 115. (db) (Entered: 06/03/2002)

RULE 56.1 STATEMENT filed by Raymond Norris, Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel. Origional document filed in 94 − cv − 7374 (JSR), Doc # 116. (db) (Entered: 06/03/2002)

MEMORANDUM OF LAW by Raymond Norris, Marvin Edwards, Eric Jones, Daniel Canada, Giesele Miguel in opposition to [0 − 1] motion for an order pursuant to Rule 56 of the FRCP granting summary judgment to defendant, dismissing all claims. Origional document filed in 94 − cv − 7374 (JSR), Doc # 117. (db) (Entered: 06/03/2002)

AFFIDAVIT of Raymond Burney by Metro − North Comm. in support of [0 − 1] motion for an order pursuant to Rule 56 of the FRCP granting summary judgment to defendant, dismissing all claims. Origional document filed in 94 − cv − 7374 (JSR), Doc # 118. (db) (Entered: 06/03/2002)

AFFIDAVIT of David A. Bownas by Metro − North Comm. in support of [0 − 1] motion for an order pursuant to Rule 56 of the FRCP granting summary judgment to defendant, dismissing all claims. Origional document filed in 94 − cv − 7374 (JSR), Doc # 119. (db) (Entered: 06/03/2002)

MEMORANDUM OF LAW by Metro − North Comm. in support of [0 − 1] motion for an order pursuant to Rule 56 of the FRCP granting summary judgment to defendant, dismissing all claims. Origional document filed in 94 − cv − 7374 (JSR), Doc # 120. (db) (Entered: 06/03/2002)

AFFIDAVIT of Katharine H. Parker by Metro − North Comm. in support of [0 − 1] motion for an order pursuant to Rule 56 of the FRCP granting summary judgment to defendant, dismissing all claims. Origional document filed in 94 − cv − 7374 (JSR), Doc # 121. (db) (Entered: 06/03/2002)

Memo − Endorsement on letter addressed to Judge Rakoff from Alan L. Fuchsberg, dated 6/11/02: Grantinig Mr. Fuchsberg's request to add Saud Hanif as class representative anecdotal witness . ( signed by Judge Jed S. Rakoff ); Copies mailed. ORIGINAL DOCUMENT ENTERED IN CASE NO. 94cv7374 (JSR), DOC. NO. 124. (tp) Modified on 06/26/2002 (Entered: 06/26/2002)

NOTICE OF MOTION (FILED ON SERVICE DATE) by Metro − North Comm. for an order in limine, excluding evidence as further set forth in said motion . Return Date 7/8/02 at 9:30. Original document filed in 94cv7374 (JSR), Doc # 126. (db) (Entered: 07/18/2002)

NOTICE OF MOTION (FILED ON SERVICE DATE) by Metro − North Comm. for an order in limine, excluding at trial testimony and reports of plaintiffs' experts, Professor William Bielby and Dr. Harriet Zellner . Return Date 7/19/02 at 9:30. Original document filed in 94cv7374 (JSR), Doc # 127. (db) (Entered: 07/18/2002)

NOTICE OF MOTION (FILED ON SERVICE DATE) by Metro − North Comm. for an order in limine, to limit claims under the single − filing rule . Return Date 7/8/02 at 9:30. original documents filed in 94cv7374 (JSR), Doc # 128. (db) (Entered: 07/18/2002)

NOTICE OF MOTION (FILED ON SERVICE DATE) by Metro − North Comm. for an order in limine, to preclude claims protected by the self − evaluative privilege . Return Date 7/8/02 at 9:30. Original document filed in 02cv7374 (JSR), Doc # 129. (db) (Entered: 07/18/2002)

PRELIMINARY ORDER; that the terms of the Stipulation of Settlement are preliminarily approved, subject to further consideration thereof at the Fairness Hearing and as set forth in this Order ; a Fairness Hearing shall be held before the undersigned at 9:00 a.m. on 11/26/02 in the U.S. District Court, Southern District of N.Y., 500 Pearl Street, NY, NY 10007, Courtroom 14B, to consider the fairness, reasonableness or adequacy of the proposed settlement, and whether it should be approved by the Court . ( signed by Judge Jed S. Rakoff ); Copies mailed. Original document filed under case no. 94cv7374 (JSR), doc. # 130. (kkc) (Entered: 07/19/2002)

Memo − Endorsement on letter addressed to Judge Rakoff from Kathatine H. Parker, dated 07/31/02; Granting counsel's request for an order modifying the Court's Preliminary Order dated July 15, 2002; approving the attached amended First Notice for mailing to the Class on or before August 15, 2002; and modifying the Stipulation of Settlement consistent with the changes in the amended First Notice; ( signed by Judge Jed S. Rakoff ); Copies mailed. (orig. docmt dktd in case no. 94 cv 7374, docmt #131) (djc) (Entered: 08/05/2002)

AFFIDAVIT of Kamau A. Coar by Metro − North Comm. Re: actions taken in connection with the mailing and publication of the "Notice of Conditional Class Certification, Proposed Settlement, Objection and Opt Out Rights, and Hearing on Proposed Settlement of Class Action" executed on behalf of plaintiffs and defendant Metro − North Commuter Railroad accordance with the Preliminary Order, dated July 15, 2002 in this matter. Original entry in 94cv7374 document number 132. (yv) Modified on 08/21/2002 (Entered: 08/21/2002)

FINAL JUDGMENT AND ORDER OF DISMISSAL, that the definitions and terms set forth in the Second Amended Stipulation of Settlement dated 12/2/02, are hereby incorporated in this judgment. The Second Amended Stipulation of Settlement is approved as fair, reasonable, adequate and in the best interests of the Class and shall be consummated in accordance with the terms and conditions stated herein. Defendant shall take such steps as are necessary to effectuate the terms of the Second Amended Stipulation of Settlement as provided therein. This Action is dismissed on the merits and with prejudice against plaintiffs and all members of the Class who have not opted out, without attorneys' fees or costs to Settlement. Plaintiffs and all members of the Class, on behalf of themselves and any of their respective agents, successors, heirs or assigns, for good and sufficient consideration, shall be deemed to have remised, released and forever discharged the Releasees from the Released Claims. Plaintiffs and all members of the Class who have not opted out are permanently barred and enjoined from asserting, commencing, prosecuting or continuing any of the Released Claims or from assisting or participating in the assertion, commencement, prosecution or continuation of any proceedings relating to the Released Claims. All previously executed releases and previously adjudicated bars on claims asserted by the Named Plaintiffs or any Class Member remain in full force and effect. Without affecting the finality of this Judgment in any way, the Court hereby retains continuing jurisdiction over all parties and all matters for the purpose of enforcing and administering the Second Amended Stipulation of Settlement. ( signed by Judge Jed S. Rakoff ) Mailed copies and notice of right to appeal. Entered On Docket: 1/16/03. Copies mailed by Chambers. ORIGINAL JUDGMENT ENTERED IN CASE #94 − cv7374(JSR), DOC. #142. (tp) (Entered: 01/16/2003)

Case closed. (tp) (Entered: 01/16/2003)

AFFIDAVIT OF SERVICE of affidavit of Kamau Coar by Alan L. Fuchsberg on 12/27/02 . Original document filed in case #94cv7374, document #145. (dle) (Entered: 01/03/2003)

AFFIDAVIT of Kamau A. Coar by Metro − North Comm.. Original document filed in case #94cv7374. (dle) Modified on 01/03/2003 (Entered: 01/03/2003)

BRIEF seeking relief and/or reformation of the settlement agreement to ensure the arbitrability of claims by class members occupying the 'aaistant conductor' position. (Orig. entry is docketed in 94 civ. 7374 as doc. #149). Document filed by Daniel Canada, Marvin Edwards, Eric Jones, Giesele Miguel, Raymond Norris.(kw, ) (Entered: 04/16/2004)

AFFIRMATION of Alan L. Fuchsberg in Support re: Brief. Orig. entry is docketed in 94 civ. 7374 as doc. #150). Document filed by Daniel Canada, Marvin Edwards, Eric Jones, Giesele Miguel, Raymond Norris. (kw, ) (Entered: 04/16/2004)

BRIEF in opposition to re: Brief. (Orig. entry is docketed in 94 civ. 7374 as doc. #151). Document filed by Metro − North Commuter Railroad.(kw, ) (Entered: 04/16/2004)

AFFIDAVIT of Christopher P. Erath. (Orig. entry is docketed in 94 civ. 7374 as doc. #152). Document filed by Metro − North Commuter Railroad. (kw, ) (Entered: 04/16/2004)