1
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COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 (lm) (Entered: 03/24/1994)
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March 23, 1994
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March 23, 1994
PACER
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It is suggested that the case be classified as complex. Magistrate Judge Fox is so Designated. (lm)
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March 23, 1994
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March 23, 1994
PACER
|
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**Case classifiction flag (lm)
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March 23, 1994
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March 23, 1994
PACER
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2
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Rule 9 certificate filed by Bari-Ellen Roberts, Sil Chambers (lm) (Entered: 03/24/1994)
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March 23, 1994
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March 23, 1994
PACER
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3
|
ANSWER to Complaint by Texaco Incorporated (Attorney Andrea S. Christensen), ; by attorney Andrea S. Christensen for defendant Texaco Incorporated (ec) (Entered: 04/15/1994)
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April 14, 1994
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April 14, 1994
PACER
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4
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Rule 9 certificate filed by Texaco Incorporated (ec) (Entered: 04/15/1994)
|
April 14, 1994
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April 14, 1994
PACER
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5
|
NOTICE of attorney appearance for Bari-Ellen Roberts, Sil Chambers by Daniel L. Berger, Steven B. Singer, Richard T. Sampson, David J. Shaffer (dh) (Entered: 05/04/1994)
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May 4, 1994
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May 4, 1994
PACER
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6
|
Case Management Plan in a Standard or Complex Case:This case shall be ready for trial four months following the Court's decision onthe class ceertification motion. this case is to be tried to a jury. Joinder of additional parties by June 30, 1994. Amend the pleadings by June 30, 1994. Procedural motions shall be served and filed by Sept. 30, 1994. Discovery:Rule 46(a) interrogatories shall be served by all counsel no later than May 13, 1994, and Rule 46(a) interrogatories related to pltfs' individual claims may be served at the same time. Responses to such interrogatories shall be served within 30 days of service of the interrogatories. First request for production of documents related to class certification issues, shall be served no later than may 13, 1994, and first request for production of documents related to pltfs' individual claims may be served at the same time. Responses to such requests for production of documents shall be served within 30 days of service ofthe document requests. Depositions related to class certification issues shall be completed by Sept. 15, 1994, and depositions related to pltfs' individual claims may be taken during the same time period. Any expert witness on whose testimony a party intends to rely in connection with class certification issues, whether in affidavit form or otherwise, shall be made available for deposition before Sept. 15,1994. All discovery related to class certification issues shall be completed by September 15, 1994. Pltfs shall serve and file their motion to certify a class together with all supporting papers by 5pm on Sept. 30, 1994. Service shall be by hand or by telecopier. Deft. shall serve and file its papers in opposition to class certification by 5pm on Oct. 20, 1994. Service shall be by hand or by telecopier. Pltfs shall serve and file their reply brief in support of class certification, if any, by 5pm on Nov. 4, 1994. Service shall be by hand or by telecopies. Oral argument shall be heard on the class certification motion at 2pm on Nov. 18, 1994. All remaining requests for documents, if any, shall be served no later than two weeks after receipt of the Court's Order determining the class certification issue. Responses to such requests for production of docuemnts shall be served within 30 days of service of the document requests. Any further interrogatories, including expert interrogatories, shall be served no later than two weeks after receipt of the Court's Order determining the class certification issue. Responses to such interrogatories shall be served within 30 days of service of the interrogatories. All remaining depositions shall be completed no later than 90 days after receipt of the Court's Order determining the class certification issue. Dispositive motion are to be served and filed by date to be fixed. Pre-motion conf. are required for any dispositive motions. Opposition papers shall be served and filed thirty (30) calendar days thereafter. Reply papers shall be served and filed fourteen (14) calendar days thereafter. Next Case Management conf. to be fixed. Join pretrial order is not waived. ( signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 05/16/1994)
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May 16, 1994
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May 16, 1994
PACER
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7
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Letter filed dated 6/10/94 to Judge Brieant from Miguel J. Hernandez. (dh) (Entered: 06/14/1994)
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June 14, 1994
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June 14, 1994
PACER
|
8
|
Letter filed dated 6/16/94 to Judge Brieant from Andrea S. Christensen. (dh) (Entered: 06/21/1994)
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June 21, 1994
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June 21, 1994
PACER
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9
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REQUEST for Production of Documents by Texaco Incorporated (dh) (Entered: 06/21/1994)
|
June 21, 1994
|
June 21, 1994
PACER
|
10
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REQUEST for Production of Documents by Texaco Incorporated (dh) (Entered: 06/21/1994)
|
June 21, 1994
|
June 21, 1994
PACER
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11
|
First set of interrogatories filed by Texaco Incorporated (dh) (Entered: 06/21/1994)
|
June 21, 1994
|
June 21, 1994
PACER
|
12
|
RESPONSE by Texaco Incorporated to Discovery Re: [11-1] interrogatory(s) (dh) (Entered: 06/21/1994)
|
June 21, 1994
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June 21, 1994
PACER
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13
|
ORDER that case be referred to Magistrate Judge Fox for General Pretrial/After initial case management conference held by district judge. ( signed by Judge Charles L. Brieant ) (ec) (Entered: 06/21/1994)
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June 21, 1994
|
June 21, 1994
PACER
|
14
|
NOTICE of Change of address and telephone numbers....the firm of Cohen, Milstein, Hausfeld & Toll will relocate its offices to: 1100 New York Avenue, NW, West Tower, Suite 500, Washington, DC 20005-3934, (202) 408-4600 (ec) (Entered: 06/21/1994)
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June 21, 1994
|
June 21, 1994
PACER
|
15
|
PROTECTIVE ORDER So Ordered. (see order) ( signed by Magistrate Judge Mark D. Fox ); Copies mailed (cp) (Entered: 06/27/1994)
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June 27, 1994
|
June 27, 1994
PACER
|
16
|
AMENDED COMPLAINT by Bari-Ellen Roberts, Sil Chambers, (Answer due 7/13/94 for Texaco Incorporated ) amending [1-1] complaint (dh) (Entered: 07/01/1994)
|
June 30, 1994
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June 30, 1994
PACER
|
17
|
NOTICE OF MOTION by Texaco Incorporated for an order pursuant to Rules 12(b)(1) and 12(b) of the FRCP, dismissing the Title VII claims alleged on behalf of a putative class, and remanding to the Equil Employment Opportunity Commission the individual Title VII claims of plaintiffs Bari-Ellen Roberts and Sil Chambers on the grounds set for in the accompanying memorandum of law., Return date 8/1/94 (ll) (Entered: 07/18/1994)
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July 15, 1994
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July 15, 1994
PACER
|
18
|
MEMORANDUM by Texaco Incorporated in support of [17-1] motion for an order pursuant to Rules 12(b)(1) and 12(b) of the FRCP, dismissing the Title VII claims alleged on behalf of a putative class, and remanding to the Equil Employment Opportunity Commission the individual Title VII claims of plaintiffs Bari-Ellen Roberts and Sil Chambers on the grounds set for in the accompanying memorandum of law. (ll) (Entered: 07/18/1994)
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July 15, 1994
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July 15, 1994
PACER
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19
|
ANSWER to First Amended Complaint by Texaco Incorporated (Attorney ), ; Firm of: Kaye, Scholer by attorney Andrea S. Christensen for defendant Texaco Incorporated (ll) (Entered: 07/18/1994)
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July 15, 1994
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July 15, 1994
PACER
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20
|
Amended ORDER that case be referred to a Magistrate Judge Fox for General pretrial/Including - Initial Case Management Confernce ( signed by Judge Charles L. Brieant ) (ec) (Entered: 07/25/1994)
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July 25, 1994
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July 25, 1994
PACER
|
|
NOTICE OF CASE ASSIGNMENT to Magistrate Judge Mark D. Fox endorsed on order of reference to Magistrate Judge. Referred for General pretrial/including initial case managment conference. Copies mailed. (ds)
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July 25, 1994
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July 25, 1994
PACER
|
|
Pre-trial conference held (dh)
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July 28, 1994
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July 28, 1994
PACER
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21
|
MEMORANDUM by Bari-Ellen Roberts, Sil Chambers in opposition to motion to dismiss plaintiff's title VII claims. (dh) (Entered: 08/04/1994)
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Aug. 1, 1994
|
Aug. 1, 1994
PACER
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22
|
AFFIDAVIT of Steven B. Singer by Bari-Ellen Roberts, Sil Chambers (dh) (Entered: 08/04/1994)
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Aug. 1, 1994
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Aug. 1, 1994
PACER
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23
|
AFFIDAVIT of Beth A. Andreozzi by Bari-Ellen Roberts, Sil Chambers Re: (dh) (Entered: 08/04/1994)
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Aug. 1, 1994
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Aug. 1, 1994
PACER
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24
|
Transcript of record of proceedings filed for dates of 7/29/94 (dh) (Entered: 08/18/1994)
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Aug. 18, 1994
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Aug. 18, 1994
PACER
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26
|
AFFIDAVIT of John J.P. Howley by Texaco Incorporated (dh) (Entered: 08/30/1994)
|
Aug. 29, 1994
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Aug. 29, 1994
PACER
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25
|
MEMORANDUM by Texaco Incorporated in support of its motion to dismiss Plaintiffs' Title VII claims. (dh) (Entered: 08/30/1994)
|
Aug. 30, 1994
|
Aug. 30, 1994
PACER
|
27
|
Transcript of record of proceedings filed for dates of 9/14/94 (dh) (Entered: 09/22/1994)
|
Sept. 22, 1994
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Sept. 22, 1994
PACER
|
29
|
Letter filed dated 9/23/94 to Mr. Hernandez from Charles L. Brieant, USDJ. (dh) Modified on 09/23/1994 (Entered: 09/23/1994)
|
Sept. 23, 1994
|
Sept. 23, 1994
PACER
|
28
|
Letter filed dated 9/13/94 to Judge Brieant from Miguel J. Hernandez. (dh) (Entered: 09/23/1994)
|
Sept. 23, 1994
|
Sept. 23, 1994
PACER
|
|
Pre-trial conference held before Mag. Judge Fox. (ec)
|
Jan. 13, 1995
|
Jan. 13, 1995
PACER
|
30
|
Transcript of record of proceedings filed for dates of 1/13/95 (rd) (Entered: 02/01/1995)
|
Jan. 31, 1995
|
Jan. 31, 1995
PACER
|
31
|
Transcript of record of proceedings filed for dates of 2/14/95 (ec) (Entered: 03/07/1995)
|
March 6, 1995
|
March 6, 1995
PACER
|
32
|
REPORT AND RECOMMENDATIONS of Judge Charles L. Brieant Re :Your Honor requested a report and recommendation in connection with deft's motion pursuant to Rules 12(b)(1) and 12(b)(6) of the FedRCivP.....I respectfully recommend that deft's motion be denied in its entirety. ; Motion no longer referred Objections to R and R due by 3/22/95 (ec) (Entered: 03/09/1995)
|
March 8, 1995
|
March 8, 1995
PACER
|
|
Pre-trial conference held before Mag. Judge Fox. (ec)
|
March 8, 1995
|
March 8, 1995
PACER
|
33
|
AFFIDAVIT of Ada Meloy Re:I submit this affidavit in response to the Motion to Compel of deft Texaco, Inc. (ec) (Entered: 03/13/1995)
|
March 10, 1995
|
March 10, 1995
PACER
|
34
|
Transcript of record of proceedings filed for dates of 03/08/95 (kz) (Entered: 03/22/1995)
|
March 22, 1995
|
March 22, 1995
PACER
|
35
|
Objection(s) by Texaco Incorporated to the Mag. Judge's Rulings re:Texaco Inc.'s Assertion of the Self-Critical Analysis Privilege (ec) (Entered: 03/24/1995)
|
March 24, 1995
|
March 24, 1995
PACER
|
36
|
Objection(s) by Texaco Incorporated tot he Mag. Judge's denial of its motion to dismiss pltfs' Title VII Claims (ec) (Entered: 03/24/1995)
|
March 24, 1995
|
March 24, 1995
PACER
|
37
|
MEMORANDUM and Order...Before this Court are objections by deft. Texaco, Inc. to the Mag. Judge's rulings concerning Texaco's assertion of the "self-critical analysis privilege". Deft. objects to a ruling made by the Mag. Judge on March 8, 1995 at a hearing.....The Court declines to take any further action in connection with this issue. Texaco is directed to conform fully with the Mag. Judge's ruling, granting the plain English meaning to each of his words set forth. ( Signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 03/28/1995)
|
March 27, 1995
|
March 27, 1995
PACER
|
38
|
MEMORANDUM AND ORDER (The Title VII claims alleged on behalf of a nationwide class are dismissed without prejudice and may be reinstituted upon the completion of formal proceedings before the EEOC; the Court declines to dismiss the individual claims for any of the reasons stated. So ordered. 3/28/95)( signed by Judge Charles L. Brieant ); Copies mailed (kz) (Entered: 03/28/1995)
|
March 28, 1995
|
March 28, 1995
PACER
|
39
|
NOTICE OF MOTION by Bari-Ellen Roberts, Sil Chambers, Janet Leigh Williams, Marsha Harris, Beatrice Hester & Veronica Shinault, for reargument of that portion of the Court's Order [38-1] dated 3/28/95, that granted dft Texaco Inc.'s motion to dismiss plaintiff's Title VII claims alleged on behalf of a Class. Return date 4/28/95 @ 9:00 am. (jag) Modified on 04/10/1995 (Entered: 04/10/1995)
|
April 10, 1995
|
April 10, 1995
PACER
|
40
|
Letter filed dated 4/24/95 to Judge Brieant from Andrea S. Christensen. (dh) (Entered: 05/02/1995)
|
May 2, 1995
|
May 2, 1995
PACER
|
41
|
SEALED DOCUMENT placed in vault Log #2226. Appendix B To plntfs' motion for class certification. plntf's experts' reports. (kk) Modified on 11/06/1996 (Entered: 05/17/1995)
|
May 16, 1995
|
May 16, 1995
PACER
|
42
|
SEALED DOCUMENT placed in vault Log #2227. Plntfs' memorandum of Points and authorities in support of motion for class certification. (kk) Modified on 11/06/1996 (Entered: 05/17/1995)
|
May 16, 1995
|
May 16, 1995
PACER
|
43
|
SEALED DOCUMENT placed in vault Log #2228. Appendix C To plntfs' motion for class certification. Plntfs' exhibits. (kk) Modified on 11/06/1996 (Entered: 05/17/1995)
|
May 16, 1995
|
May 16, 1995
PACER
|
44
|
NOTICE OF MOTION by Bari-Ellen Roberts, Sil Chambers to certify class action (kk) (Entered: 05/17/1995)
|
May 16, 1995
|
May 16, 1995
PACER
|
45
|
APPENDIX A TO [44-1] motion to certify class action .. Declarations of pltffs' witnesses. (kk) (Entered: 05/17/1995)
|
May 16, 1995
|
May 16, 1995
PACER
|
46
|
DEPOSITION of Richard Allen Lundwal held on 08/05/94 (kk) (Entered: 05/17/1995)
|
May 16, 1995
|
May 16, 1995
PACER
|
47
|
ORDER granting [39-1] motion for reargument of that portion of the Court's Order [38-1] dated 3/28/95, that granted dft Texaco Inc.'s motion to dismiss plaintiff's Title VII claims alleged on behalf of a Class. (Plaintiffs' motion for reargument is granted and the Court adheres to its prior rulings in all respects.)( signed by Judge Charles L. Brieant ); Copies mailed (kz) (Entered: 06/01/1995)
|
May 26, 1995
|
May 26, 1995
PACER
|
|
Memo endorsed on motion; denying [44-1] motion to certify class action (The within motion is denied as moot. See Memorandum and Order dated March 28, 1995 and Memorandum & order dated May 26, 1995. So ordered. 6/5/95)( signed by Judge Charles L. Brieant ); Copies mailed. (kz)
|
June 5, 1995
|
June 5, 1995
PACER
|
48
|
Filed Memo Endorsement on letter to Judge Brieant from Daniel L. Berger dated 6/8/95 re: on behalf of plaintiffs, request for clarification or reconsideration of the Court's endorsement, dated 6/5/95, on plaintiffs' motion for class certification, which denied plaintiffs' motion as moot. ENDORSEMENT: Treating the within letter as a motion for reconsideration, the motion is denied with leave to renew upon completion of the investigation by the EEOC, and the issuance of a determination thereof. SO ORDERED. ( signed by Judge Charles L. Brieant ) (jag) (Entered: 06/12/1995)
|
June 12, 1995
|
June 12, 1995
PACER
|
49
|
NOTICE OF MOTION by Texaco Incorporated for an Order striking allegations and arguments in pltfs' ntc of motion for class certification No Return date (ec) (Entered: 06/15/1995)
|
June 15, 1995
|
June 15, 1995
PACER
|
50
|
MEMORANDUM by Texaco Incorporated in opposition to [44-1] motion to certify class action (ec) (Entered: 06/15/1995)
|
June 15, 1995
|
June 15, 1995
PACER
|
|
Memo endorsed on motion; denying [49-1] motion for an Order striking allegations and arguments in pltfs' ntc of motion for class certification (The within motion, filed June 15, 1995 with no return date, is denied with leave to renew following completion of the investigation by the Equal Employment Opportunity Commission and the issuance of a determination thereof, if and when the motion for class certification is renewed. See memorandum endorsement order in this case issued June 12, 1995. So ordered. 6/19/95)( signed by Judge Charles L. Brieant ); Copies mailed. (kz)
|
June 19, 1995
|
June 19, 1995
PACER
|
51
|
TEXACO INC.'s MEMORANDUM IN SUPPORT OF ITS MOTION TO STRIKE ALLEGATIONS BEYOND THE SCOPE OF THE PUTATIVE CLASS ALLEGED IN PLAINTIFFS' FIRST AMENDED COMPLAINT by Texaco Incorporated in support of [49-1] motion for an Order striking allegations and arguments in pltfs' ntc of motion for class certification (kz) (Entered: 06/20/1995)
|
June 19, 1995
|
June 19, 1995
PACER
|
52
|
Letter filed dated 6/20/95 to Judge Brieant from atty Andrea S. Christensen re We submitteed papers in opposition to pltfs' class certification motion on June 14, 1995 in accordance with the existing scheduling order, and we request that the motion be decided at the earliest possible date. (ec) (Entered: 06/26/1995)
|
June 26, 1995
|
June 26, 1995
PACER
|
53
|
NOTICE OF MOTION by Bari-Ellen Roberts, Sil Chambers for leave to to serve and file second amended complaint, Return date 9/13/96 (ec) (Entered: 08/29/1996)
|
Aug. 29, 1996
|
Aug. 29, 1996
PACER
|
54
|
NOTICE OF MOTION by Bari-Ellen Roberts, Sil Chambers for an order granting pltfs' motion to renew their motion for class certification under the civil rights act of 1871, as amended in 1991, 42 USC sect. 1981, and section 296 of the New York Human Rights Law, NY Exec. Law Sect 296, Return date 9/13/96 (ec) Modified on 10/01/1996 (Entered: 08/29/1996)
|
Aug. 29, 1996
|
Aug. 29, 1996
PACER
|
55
|
MEMORANDUM by Texaco Incorporated in Partial opposition to [53-1] motion for leave to to serve and file second amended complaint (ec) (Entered: 09/23/1996)
|
Sept. 19, 1996
|
Sept. 19, 1996
PACER
|
56
|
REPLY MEMORANDUM by Bari-Ellen Roberts, Sil Chambers in support of [53-1] motion for leave to to serve and file second amended complaint, [54-1] motion for an order granting pltfs' motion to renew their motion for class certification under the civil rights act of 1871, as amended in 1991, 42 USC sect. 1981, and section 296 of the New York Human Rights Law, NY Exec. Law Sect 296 (ds) (Entered: 09/26/1996)
|
Sept. 26, 1996
|
Sept. 26, 1996
PACER
|
|
Memorandum to Docket Clerk: 9/27/96 Hearing held on plntfs' motion for leave to amend and motion to renew motion for class certification. (Court reporter: mary Staten). Judge's decision: See Court's endorsement order this date for decision on motion for leave to amend (doc #53). Hearing on revewed motion for class certification continued to December 6,1996 at 11am to permit counsel to file additional briefs. See transcript. Submitted by Toni Bravato, Deputy Court Clerk (ds)
|
Sept. 27, 1996
|
Sept. 27, 1996
PACER
|
|
Memo endorsed on motion; mooting (This motion is rendered moot by stipulation of counsel. See transcript of hearing this date) [53-1] motion for leave to to serve and file second amended complaint ( signed by Judge Charles L. Brieant ); Copies mailed. (ec)
|
Sept. 27, 1996
|
Sept. 27, 1996
PACER
|
57
|
Letter filed to Judge Brieant by John J.P. Howley on behalf of Texaco Incorporated dated 9/19/96 re Corrected Exh. "C" to Defendant's Memorandum in Partial Opposition docketed 9/19/96 (kz) (Entered: 09/30/1996)
|
Sept. 27, 1996
|
Sept. 27, 1996
PACER
|
58
|
Transcript of record of proceedings filed for dates of 9/27/96 (kz) (Entered: 10/10/1996)
|
Oct. 10, 1996
|
Oct. 10, 1996
PACER
|
60
|
NOTICE OF MOTION by Bari-Ellen Roberts, Sil Chambers for an order granting pltnfs' motion for class certification under the Civil Rights Act of 1964, as amended 42 USC sect 2000e, et seq., the Civil Rights Act of 1871, as amended, 42 USC sect 1981, and Sect 296 of the NY Human Rights Law, N.Y. Exec. Law sect 296 (McKinney 1993), Return date 12/6/96 at 11am (ds) (Entered: 10/29/1996)
|
Oct. 28, 1996
|
Oct. 28, 1996
PACER
|
61
|
MEMORANDUM by Bari-Ellen Roberts, Sil Chambers in support of [60-1] motion for an order granting pltnfs' motion for class certification under the Civil Rights Act of 1964, as amended 42 USC sect 2000e, et seq., the Civil Rights Act of 1871, as amended, 42 USC sect 1981, and Sect 296 of the NY Human Rights Law, N.Y. Exec. Law sect 296 (McKinney 1993) (ds) (Entered: 10/29/1996)
|
Oct. 28, 1996
|
Oct. 28, 1996
PACER
|
59
|
MEMORANDUM by Bari-Ellen Roberts, Sil Chambers in support of Order to Show Cause why sanctions should not be imposed on Texaco, Inc. (ds) (Entered: 10/29/1996)
|
Oct. 29, 1996
|
Oct. 29, 1996
PACER
|
62
|
ORDER TO SHOW CAUSE by Bari-Ellen Roberts, Sil Chambers Show Cause Hearing set for 9:00 11/1/96 why an order should not be issued, pursuant to the Court's inherent powers to regulate litigation, imposing sanctions on deft Texaco Inc ( signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 10/30/1996)
|
Oct. 29, 1996
|
Oct. 29, 1996
PACER
|
63
|
Transcript of record of proceedings filed for dates of September 27, 1996 (ll) (Entered: 10/31/1996)
|
Oct. 30, 1996
|
Oct. 30, 1996
PACER
|
64
|
AFFIDAVIT in support of Cyrus Mehri by Bari-Ellen Roberts, Sil Chambers Re: [60-1] motion for an order granting pltnfs' motion for class certification under the Civil Rights Act of 1964, as amended 42 USC sect 2000e, et seq., the Civil Rights Act of 1871, as amended, 42 USC sect 1981, and Sect 296 of the NY Human Rights Law, N.Y. Exec. Law sect 296 (McKinney 1993) (pm) (Entered: 11/06/1996)
|
Oct. 30, 1996
|
Oct. 30, 1996
PACER
|
65
|
Letter to USMJ Fox filed by Court TV, Cynthia M. Brill dated Nov. 12, 1996 re permission to televise the hearing to be held before the Court on plnts' motions seeking relief based upon an alleged violation of the federal discovery rules, currently schedule dfor 11/22/96. (ds) (Entered: 11/14/1996)
|
Nov. 14, 1996
|
Nov. 14, 1996
PACER
|
66
|
Letter filed dated November 14, 1996 to Judge Brieant from atty Spencer H. Lewis, Jr. re Notice from EEOC (ec) (Entered: 11/18/1996)
|
Nov. 15, 1996
|
Nov. 15, 1996
PACER
|
67
|
NOTICE OF MOTION to intervene by Equal Employment Opp pursuant to FRCP 24(b), NO Return date (ds) (Entered: 11/20/1996)
|
Nov. 20, 1996
|
Nov. 20, 1996
PACER
|
68
|
MEMORANDUM by Equal Employment Opp in support of [67-1] motion to intervene by Equal Employment Opp pursuant to FRCP 24(b) (ds) (Entered: 11/20/1996)
|
Nov. 20, 1996
|
Nov. 20, 1996
PACER
|
69
|
AFFIDAVIT in support of James Lee by Equal Employment Opp Re: [67-1] motion to intervene by Equal Employment Opp pursuant to FRCP 24(b) (ds) (Entered: 11/20/1996)
|
Nov. 20, 1996
|
Nov. 20, 1996
PACER
|
70
|
SCHEDULING ORDER setting 12/6/96 as the return day for hearing the motion.; On 11/20/96, a Motion to intervene as plntf was served and filed in this action by the EEOC by its Regional Atty. The motion was filed w/o a designated return day, as contemplated by Rule 3 of the Civil Rules of the SDNY. This Court hereby establishes 12/6/96 at 11:00 am in Courtroom 218 as the return day for hearing the motion. If all counsel appearing of record in the case consent to the proposed intervention, there is no need to appear onthe return date, and a consent order may be submitted. SO ORDERED: ( signed by Judge Charles L. Brieant ) ; Copies mailed (ds) (Entered: 11/21/1996)
|
Nov. 21, 1996
|
Nov. 21, 1996
PACER
|
71
|
Letter filed dated November 26, 1996 to Judge Brieant from atty Elizabeth Grossman re We write on behalf of pltfs, deft Texaco Inc., and proposed intervenor EEOC, to request that the Court adjourn the December 6, 1996 hearing date on the EEOC's motion to intervene as pltf, to Dec. 20, 1996. (ec) (Entered: 12/02/1996)
|
Dec. 2, 1996
|
Dec. 2, 1996
PACER
|
72
|
Letter to USDJ Brieant from Joe Herzig filed dated 12/3/96 re to express the opinion that the main reason for the quick and cash rich settlement in the the Texaco case is the public revelation that a Texaco executive used the "n-word" in a secretly recorded tape. (ds) (Entered: 12/05/1996)
|
Dec. 5, 1996
|
Dec. 5, 1996
PACER
|
73
|
NOTICE OF MOTION by Bernard Kirk Barnes for joinder No Return date (ec) (Entered: 12/10/1996)
|
Dec. 9, 1996
|
Dec. 9, 1996
PACER
|
74
|
Letter filed to USDJ Brieant from Cynthia Brill of Court TV dated Dec. 24, 1996 re application for Television Coverage (ds) (Entered: 12/30/1996)
|
Dec. 30, 1996
|
Dec. 30, 1996
PACER
|
75
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Letter to USDJ Brieant from attys for parties filed by Bari-Ellen Roberts, Sil Chambers, Texaco Incorporated, Equal Employment Opp dated Dec. 31, 1996 re we request that the Court adjourn the hearing schedule dfor 1/3/97 at 11:30am until 1/17/97. (ds) (Entered: 01/02/1997)
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Jan. 2, 1997
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Jan. 2, 1997
PACER
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76
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STIPULATION AND SETTLEMENT AGREEMENT Between EEOC and Texaco, Inc.; (SEE DOC #76 FOR DETAILS) This stipulation and settlement agreement is entered into this 3rd day of January 1997 by and between the EEOC, an agency of the US Gov't., and dft Texaco, Inc., including all its predecessors, successors, assigns, agents and subsidiaries ("Texaco"). For purposes of this Agreement, "subsidiaries" shall mean entities in which Texaco has, directly or indirectly, more than a 50% ownership interest. Whereas, the EEOC moved to intervene in this action on 11/20/96, and the EEOC and Texaco intend that said motion to intervene be conditionally granted upon the follwoing terms and conditions agreed to between them; ...... NOW THEREFORE, and in consideration of the mutual promises of each party to this Agreemetn, it is stipulated and agreed: 1) This agreement resolves all of the issues raised by the charges and/or EEOC's letter of determination dated 6/6/96. 2) The parties agree that this Court has jurisdiction of the subject matter of this action and of the parties, that venue is proper, and that all administrative prerequisites have been met. 3) The parties agree that the EEOC shall be an intervening party in the Roberts Action and that this Agreement shall be submitted to the USDC for the SDNY to be "so ordered" to become effective at the same time as its entry of its final order approving the settlemtn agreement in roberts .... 4) Each party shall bear its own atty fees and costs incurred in this action. 5) This agreement constitutes the complete understanding between Texaco and the EEOC. No other promises or agreements shall be binding .... 6) This agreement will remain in effect for 5 years from the date of entry unless the court order otherwise. 7) Texaco, its successors, assigns and agents, shall not engage in any employment practices which discriminate on the basis of .... 8) All African-American employess employed in a salaried position in the US by Texaco or its subsidiaries at any time from 3/23/91 through and including 11/15/96 shall be offered compensation pursuant to the Roberts Agreement. 9) The parties recognize that pursuant to the Roberts Agreement, an "Equality and Tolerance Task Force" (Hereinafter "Task Force") will be created to determine revisions and additions to Texaco's current human resources programs.... 10) W/in 6 months of the effective date of this agreement, Texaco shall implement an alternative dispute resolution program which shall utilize both mediators and arbitrators. ..... 11) W/in 12 months of the effective date of this Agreement, Texaco shall submit to EEOC a written plan for validating and examining potential adverse impact of the PMP, or .... 12) Until Texaco finally adopts the revised study methodology referred to in the above paragraph, the pMP or similar selection device, shall be monitored for its effects. .... 13) Texaco's job posting policy shall be utilized re; open positions in grades 18 and lower. All job postings shall be placed in each area where employee notices are regularly posted. 14) At the end of one year form the effective date of this agreement and at yearly intervals thereafter for a period of 5 yrs, Texaco shall submit a Report to EEOC .... 15) EEOC may monitor Texaco's compliance with Title VII by inspection of Texaco's premises and records,.... 16) Texaco shall post the Notice attached as Exhibit A in each area where employee notices are regularly posted. 17) W/in 3 mnths of the effective date of this agreement, Texaco shall provide all managerial employees w/a written update of all laws enforced by the EEOC including recordkeeping requirements in a mutually agreed form. 18) In the event the Roberts Agreement does not become final pursuant to its terms, this agreement shall become null and void and of no force and effect. ..... 19) The effective date of this Agreement shall be the date the Roberts Agreement, pusuant to its terms, becomes final. 20) Nothing in this Agreement shall apply to the filling of elected officer positions. Stipulated and agreed between the EEOC and Texaco by their undersigned counsel, 1/3/97. SO ORDERED: ( signed by Judge Charles L. Brieant ) (ds) (Entered: 01/03/1997)
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Jan. 3, 1997
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Jan. 3, 1997
PACER
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Memo endorsed on motion; granting [67-1] motion to intervene by Equal Employment Opp pursuant to FRCP 24(b). ENDORSEMENT: Motion granted on consent to the extent set forth on the record at hearing held this date. See transcript. SO ORDERED: ( signed by Judge Charles L. Brieant ); Copies mailed. (ds)
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Jan. 3, 1997
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Jan. 3, 1997
PACER
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Memorandum to Docket Clerk:Hearing begun and concluded on 1/3/97. (court rpt. Angela O'Donnell). Judge's Decision - motion granted as to pltfs intervention. By Jan-10, 1997 plaintiff to file a motion by order to show cause as discussed on the record. Next status conference February 27, 1997 at 9. See transcript. (ec)
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Jan. 3, 1997
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Jan. 3, 1997
PACER
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77
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Letter filed to Judge Brieant from Adam Liptak atty for the NY Times dated Jan. 3, 1997 re I represent the NY Times. I write to request an emergency hearing on The Time's application for access to a scheduling conference apparently underway at this very moment. (ds) (Entered: 01/06/1997)
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Jan. 6, 1997
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Jan. 6, 1997
PACER
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78
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Letter filed dated January 7, 1997 to Judge Brieant from Shirley J. Wilcher, Deputy Asst Secretary for Federal Contract Compliance re agreement in principle to settle (ec) (Entered: 01/10/1997)
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Jan. 10, 1997
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Jan. 10, 1997
PACER
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79
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NOTICE OF MOTION by Bernard Kirk Barnes to join said class action suit as a plaintiff, Return date 12/9/96 (ll) (Entered: 01/14/1997)
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Jan. 14, 1997
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Jan. 14, 1997
PACER
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ORDER [79-1] motion to join said class action suit as a plaintiff Endorsement order. the within letter from Mr. Bernard Barnes is treated as a motion. there is no need to grant the motion because if a class is declared all members of the class will automatically be included unless they opt out. Motion denied. So Ordered: ( signed by Judge Charles L. Brieant ); Copies mailed (ll)
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Jan. 14, 1997
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Jan. 14, 1997
PACER
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80
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Transcript of record of proceedings filed for dates of 1/3/97 court reporter, Angela O'Donnell (pm) (Entered: 01/15/1997)
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Jan. 15, 1997
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Jan. 15, 1997
PACER
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81
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Letter to USDJ Brieant signed by attys for the parties filed by Bari-Ellen Roberts, Sil Chambers, Texaco Incorporated dated Jan. 15, 1997 re we believe the parties need take no further action with respect to the OFCCP Letter. (ds) (Entered: 01/16/1997)
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Jan. 16, 1997
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Jan. 16, 1997
PACER
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82
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ORDER TO SHOW CAUSE by Bari-Ellen Roberts, Sil Chambers Show Cause Hearing set for 9:00 3/18/97 why an Order should not be entered approving (1) the proposed Settlement and compromise of this action set forth in the Settlement Agreement as being fair, adequate and reasonable and entering final judgment thereon dismissing this action on the merits, with prejudice and without costs; (2) the proposed Allocation Plan of the Net Settlement Fund among Class members; (3) the applications of Class Counsel for an award of attorneys' fees, costs and reimbursement of exepenses; and (4) the applications of the named pltfs for incentive awards. ( signed by Judge Charles L. Brieant ); Copies mailed. (ec) (Entered: 01/23/1997)
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Jan. 23, 1997
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Jan. 23, 1997
PACER
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83
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MEMORANDUM by Bari-Ellen Roberts, Sil Chambers in support of [82-1] motion why an Order should not be entered approving (1) the proposed Settlement and compromise of this action set forth in the Settlement Agreement as being fair, adequate and reasonable and entering final judgment thereon dismissing this action on the merits, with prejudice and without costs; (2) the proposed Allocation Plan of the Net Settlement Fund among Class members; (3) the applications of Class Counsel for an award of attorneys' fees, costs and reimbursement of exepenses; and (4) the applications of the named pltfs for incentive awards. (ec) (Entered: 01/23/1997)
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Jan. 23, 1997
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Jan. 23, 1997
PACER
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84
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STIPULATION AND SETTLEMENT AGREEMENT (UNSIGNED). (ec) (Entered: 01/23/1997)
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Jan. 23, 1997
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Jan. 23, 1997
Clearinghouse
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85
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Letter Mr. A.L. Brown from Texaco Foundation filed by Texaco Incorporated dated Dec. 11, 1996 re newspaper article on mr. Edwards (ds) (Entered: 01/28/1997)
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Jan. 27, 1997
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Jan. 27, 1997
PACER
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86
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MEMORANDUM AND ORDER ....the following motions, having been rendered conditionally moot by the order of this Court issued January 23, 1997 providing for notice of hearing of a proposed settlement of the action are Denied with leave to renew if the class action settlement is not approved and performed: (1)Motion filed August 29, 1996(Doc.#54); (2) Motion filed Oct. 28, 1996 (Doc.#60). The motion filed December 9, 1996 by Mr. Bernard Kirk Barnes (Doc.#73) is also denied. - terminating [73-1] motion for joinder, terminating [60-1] motion for an order granting pltnfs' motion for class certification under the Civil Rights Act of 1964, as amended 42 USC sect 2000e, et seq., the Civil Rights Act of 1871, as amended, 42 USC sect 1981, and Sect 296 of the NY Human Rights Law, N.Y. Exec. Law sect 296 (McKinney 1993), terminating [54-1] motion for an order granting pltfs' motion to renew their motion for class certification under the civil rights act of 1871, as amended in 1991, 42 USC sect. 1981, and section 296 of the New York Human Rights Law, NY Exec. Law Sect 296 ( signed by Judge Charles L. Brieant ); Copies mailed (ec) (Entered: 01/28/1997)
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Jan. 27, 1997
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Jan. 27, 1997
PACER
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87
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NOTICE OF MOTION by Clarence Zachary, William Rabb Jr., Carolyn Simpson, Frieda Woods, John Thomas, Jesse J. Riggins to intervene, Return date 2/21/97 (kz) Modified on 02/24/1997 (Entered: 02/05/1997)
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Feb. 5, 1997
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Feb. 5, 1997
PACER
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