1/3/02
110 Notice of MOTION for partial dismissal
of the Third Amended Complaint, dismissing
First, Second, Eighth, Ninth, Tenth, Eleventh
and Twelfth Claims by dfts., AT&T, AT&T
MANAGEMENT PEN, Motion set for 1/28/02 on
[110-1] motion (Brief/PO Subm) (cs) [Entry
date 01/04/02]
1/3/02
111 CERTIFICATION of PATRICIA S. ROBINSON,
ESQ. on behalf of dfts., AT&T, AT&T
MANAGEMENT PEN and in support of [110-1]
motion for partial dismissal of the Third
Amended Complaint, dismissing First, Second,
Eighth, Ninth, Tenth, Eleventh and Twelfth
Claims (cs) [Entry date 01/04/02]
1/3/02
112 CERTIFICATE OF SERVICE of [111-1]
certification, [110-1] motion for partial
dismissal of the Third Amended Complaint,
dismissing First, Second, Eighth, Ninth,
Tenth, Eleventh and Twelfth Claims and
supporting brief w/appendix etc. (cs)
[Entry date 01/04/02]
1/9/02
114 TRANSCRIPT of Proceedings taken
on 11/30/01 by Court Reporter Rapid
Transcript Service, Inc. (DS) [Entry
date 01/15/02]
1/9/02
115 TRANSCRIPT of Proceedings taken
on 12/17/01 by Court Reporter Rapid
Transcript Service, Inc. (DS) [Entry
date 01/15/02]
1/11/02
-- Deadline updated; reset status conference
for 1:00 1/30/02 (nc)
1/11/02
116 ORDER of REASSIGNMENT to Judge Bassler
( signed by Chief Judge John W. Bissell
) (ar) [Entry date 01/16/02]
1/11/02
-- CASE reassigned to Judge William
G. Bassler (ar) [Entry date 01/16/02]
1/16/02
117 ORDER re: Court's rulings on defts'
claims of privilege for those documents
reviewed in camera on 12/17/01, etc.
( signed by Mag. Judge Ronald J. Hedges
) n/m (sr) [Entry date 01/17/02]
1/22/02
118 LETTER ORDER, setting status conference
for 2:00 2/4/02 ( signed by Magistrate
Judge Madeline C. Arleo ) n/m (nr) [Entry
date 01/24/02]
2/4/02
120 NOTICE of APPEAL by PHILLIP C. ENGERS,
WARREN J. MCFALL, DONALD G. NOERR, GERALD
SMIT of Magistrate decision to District
Court RE: [109-1] order, [105-1] order,
[94-1] order Hearing on magistrate appeal
set for 3/11/02, w/cert of service (brief
subm). (sr) [Entry date 02/11/02]
2/7/02
119 Certified Copy Of Order from the
USCA denied petition for permission
to appeal; appeal no. 01-8045 (DS) [Entry
date 02/08/02]
2/19/02
121 Notice of Intent to submit a Dispositive
motion partial dismissal of third amended
complt. by AT&T, AT&T MANAGEMENT
PEN (mn) [Entry date 02/22/02]
2/19/02
122 Notice of MOTION to dismiss, 10th,
11th & 12th claim in the third amended
complt. by AT&T, AT&T MANAGEMENT
PEN, Motion set for 3/11/02 on [121-1]
dispositive motion notice partial dismissal
of third amended complt. . (Brief w/appendix/PO
Subm) (mn) [Entry date 02/22/02]
2/19/02
123 CERTIFICATION of Patricia S. Robinson
on behalf of AT&T, AT&T MANAGEMENT
PEN Re: [122-1] dispositive motion to
dismiss, 10th, 11th & 12th claim
in the third amended complt. (mn) [Entry
date 02/22/02]
2/19/02
124 CERTIFICATE OF SERVICE by AT&T,
AT&T MANAGEMENT PEN Service Re:
[122-1] dispositive motion to dismiss,
10th, 11th & 12th claim in the third
amended complt., brief, appendix &
proposed form of order. (mn) [Entry
date 02/22/02]
2/19/02
125 CERTIFICATE OF SERVICE by AT&T,
AT&T MANAGEMENT PEN Service Re:deft's
reply brief in support of mot. for partial
dism. of third amended complt. (mn)
[Entry date 02/22/02]
2/22/02
126 Minute entry: Proceedings recorded
by Ct-Reporter: tape; Minutes of: 2/22/02;
The following actions were taken, Status
conference. No discovery to take place
on claims not in the case. Counsel sent
to jury deliberation room to work on
discovery issues. By Magistrate Judge
Madeline C. Arleo (aa) [Entry date 02/26/02]
2/25/02
127 CERTIFICATE OF SERVICE by AT&T,
AT&T MANAGEMENT PEN as to Service
of brief in opposition to pltfs' motion
pursuant to Rule 72 objecting to Mag.
Orders re atty-client privilege (bl)
[Entry date 02/27/02]
3/11/02
128 Minute entry: Proceedings recorded
by Ct-Reporter: none; Minutes of: 3/11/02;
The following actions were taken, [120-1]
Magistrate appeal taken under advisement
- RULE 78 By Judge William G. Bassler
(ar) [Entry date 03/14/02]
5/14/02
129 Minute entry: Proceedings recorded
by ; Minutes of: 05/14/02; The following
actions were taken, Status Conference,
Court will not change any ruling of
Mag. Judge Hedges. Mr. Mills to confirm
production of Donald Harrington and
Hal Burlingham by the end of June. Depositions
of Sethrec and Basseu will not take
place until after Judge Bassler rules
on pending motion to dismiss. Interrogatories
11 & 19 more specific answers to
be answered by dfts by 05/24/02 Mr.
Bruce to rephrase request 38 and 39
t obe more specific by the 05/31/02.
Deft to give amended responses to document
#24 and #26 of the 04/09/02 letter of
plt. Interrogatory answers to be amended
as to request #11 and #15 of plt's April
9, 2002 letter. Ruling made on resquest
#30-36 of Plf's letter of April 9 2002.
Cousel to write a proposed form of order
to be signed today. Balance of requests
to be worked out by counsel to the extent
possible and the Court will rule on
any unresolved issued. Counsel worked
out other issues. Status conference
set for 06/26/02 12:pm By Magistrate
Judge Madeline C. Arleo (JB) [Entry
date 05/15/02]
5/16/02
130 ORDER, compelling discovery,
for leave to take deposition of Adele
Kellman , setting status conference
for 12:00 6/26/02 ( signed by Magistrate
Judge Madeline C. Arleo ) (NM) (JB)
[Entry date 05/17/02]
5/28/02
131 TRANSCRIPT of Proceedings taken on 5/14/02 (Arleo)
(jd) [Entry date 05/29/02]
6/26/02
132 Minute entry: Proceedings recorded
by Ct-Reporter: none;
Minutes of: 06/26/02; The following actions were taken,
Status conf held on the record. Mr. Gollota's deposition to
be sched promptly. AT&T to produce Thomas Wyman if they are
going to represent him. If not AT&T is to turn over last
known address. Both deps to be taken by the end of July or
by a date agreed upon in August. Counsel for defendant to
send a letter brief and documents re: confidentiality issue
to the Court for in camera review by 07/10/02. Pla, to
respd by 07/24/02. Statcnf to be set if necessary. Any pty
cannot disseminate videotape depts on web sites w/out prior
notice and consent of adversary. If counsel cannot agree
Court will make the final ruling. Ms. Robinson to draft
order. Pla to send a letter to the court why certain docs
previous deemed confidential no longer be deemed
confidential by 07/10/02. Deft to sent the Court a letter
why said docs should remain protected under the protective
order by 07/24/02. Pla is to include in his July 10th
letter Interrogatories #2,3,4 and 6 and Judge Hedges' prior
ruling. Deft to reply in her 07/24/02 letter. Pla to take a
30(b)(6) dep re: requests for docs as to rates of benefit
accrual Status conference set for. (no date assigned). By
Magistrate Judge Madeline C. Arleo (JB)
[Entry date 07/01/02]
7/10/02
133 OPINION ( signed by Judge William G. Bassler ) (NJLJ, NJL)
(JB) [Entry date 07/15/02] [Edit date 07/15/02]
7/10/02
134 ORDER that Magistrate
Judge Hedges' Orders filed on Oct 3, 2001, Nov. 30, 2001, Dec 17, 2001,
and Jan. 16, 2001 are
hereby AFFIRMED.( signed by Judge William G. Bassler ) (NM)
(JB) [Entry date 07/15/02]
7/12/02
136 CASE MANAGEMENT ORDER, setting status conference for 2:30
7/31/02etc. ( signed by Magistrate Judge Madeline C. Arleo
) (NM) (JB) [Entry date 07/19/02]
7/17/02
135 TRANSCRIPT of Proceedings taken on 6/26/02 by Rapid
Transcript Service (DS) [Entry date 07/18/02]
9/4/02
137 Minute entry: Proceedings recorded by ; Minutes of:
09/04/02; The following actions were taken, Hearing on the
record regarding redaction of document. Case management
conference set for 11/07/02 at 2:00pm. Counsel to submit to
the court a proposed discovery plan prior to the case
management conference. By Magistrate Judge Madeline C.
Arleo (JB) [Entry date 09/10/02]
9/19/02
138 TRANSCRIPT of Proceedings taken on 09/04/02(Honorable
Arleo). (cs) [Entry date 09/20/02]
10/11/02
139 ORDER, status conference for 2:00 11/7/02; etc. ( signed
by Magistrate Judge Madeline C. Arleo ) (NM) (sr)
[Entry date 10/16/02]
10/17/02
141 OPINION ( signed by Judge William G. Bassler ) (NJLJ,
NJL). (JB) [Entry date 10/23/02]
10/17/02
140 ORDER granting [110-1] motion for partial dismissal of the
Third Amended Complaint, dismissing First, Second, Eighth,
Ninth, Tenth, Eleventh and Twelfth Claims ( signed by Judge
William G. Bassler ) (NM) (JB) [Entry date 10/23/02]
11/7/02
141 Minute entry: Proceedings recorded by Ct-Reporter: none;
Minutes of: 11/7/02; The following actions were taken,
Status conference held on the record. Court rules that
pltf's request for more specific answers to interrogatories
is denied. Court sets schedule for letters on
attorney/client priviledge issue. Pltf's letter due
11/15/02. Counsel to work out a deposition of an AT&T board
member on issues presently in the case only. Mr. Basu's
deposition put on hold until after motion to dismiss. Mr.
Morgan's deps to be held in Judge Arleo's jury. Any issues
that have not been worked out are to be brought before
Judge Arleo before the deposition. By Magistrate Judge
Madeline C. Arleo (aa) [Entry date 11/13/02]
11/7/02
142 Notice of MOTION for reargument of partial dismissal by
PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR,
GERALD SMIT, Motion set for 12/9/02 on [142-1] motion
w/certsvc. (Brief Subm) (aa) [Entry date 11/13/02]
11/25/02
143 Notice of CROSS MOTION to strike [104-1] Third amended
complaint allegations to dismissed claims. by AT&T, AT&T
MANAGEMENT PEN, Motion set for 12/23/02 on [143-1] cross
motionw/certf of service (Brief/PO subm.). (JB)
[Entry date 11/27/02] [Edit date 11/27/02]
11/25/02
144 CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN
Service Re:of brief in opposition to [142-1] motion for
reargument of partial dismissal (JB) [Entry date 11/27/02]
12/2/02
145 LETTER ORDER denying [142-1] motion for reargument of
partial dismissal for failure to set forth a basis for
reconsideration permitted under local Rule 7.1 (g). (
signed by Judge William G. Bassler ) (NM) (JB)
[Entry date 12/03/02] [Edit date 12/03/02]
12/3/02
146 TRANSCRIPT of Proceedings taken on November 7, 2002
Honorable Madeline Cox Arleo (ce)
12/17/02
147 ORDER of REASSIGNMENT, from Judge Bassler to Judge Linares
( signed by Chief Judge John W. Bissell ) (NM) (ak)
12/17/02 -- CASE reassigned to Judge Jose L. Linares (ak)
12/31/02
148 ORDER, setting status conference for 10:30 3/6/03 (
signed by Mag. Judge Ronald J. Hedges ) (NM) (JB)
1/13/03
149 Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 01/13/03;
The following actions were taken,setting motion hearing on [143-1] cross motion
to strike[104-1] Third amended complaint allegations to dismissedclaims. by
AT&T MANAGEMENT PEN, AT&T for 10:00 2/24/03 By Judge Jose L. Linares
(JB) [Entry date 01/15/03]
2/19/03
150 CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN
Service Re: a copy of Deft's Letter in reply to plaintiff's opposition to defendants's
motion to strike. (JB)
[Entry date 02/20/03]
3/7/03
151 ORDER, resetting status conference for 11:00 4/9/03 (signed by Mag.
Judge Ronald J. Hedges ) (NM) (JB)
4/23/03
152 ORDER, Pltf's application to compel production of documents described
in request No. 24 of plaintiffs' second request for production of documents
is DENIED setting status conference for 1:00 4/28/03 etc. ( signed by
Mag. Judge Ronald J. Hedges ) (NM) (JB) [Entry date 04/29/03]
5/20/03
154 ORDER, granting in part
and denying in part application for production of documents setting discovery due for
6/30/03, status conference for 4:00 6/4/03 ( signed by Mag. Judge Ronald
J. Hedges ) (NM) (nr) [Entry date 05/22/03]
5/21/03
153 TRANSCRIPT of Proceedings taken on 4/28/03 Honorable Ronald J. Hedges (ce)
6/2/03
155 ORDER, that the court's Order of 04/23/03 remains in full force and
effect except as modified herein. etc. (signed by Mag. Judge Ronald J.
Hedges ) (NM) (JB) [Entry date 06/03/03]
6/6/03
157 Notice of MOTION for reconsideration of [155-1] order, [154-1] order
setting discovery due for 6/30/03 by AT&T, AT&T MANAGEMENT PEN,
Motion set for 7/14/03 on [157-1] motion . (Letter Brief/PO Subm) (JB) [Entry date 06/10/03]
6/9/03
156 ORDER, that paragraph 16 of the Court's Orders entered on 05/22/03
and on 06/03/03 providing that fact discovery shall be completed on or
before 06/30/03 is hereby vacated. rescheduling status conference for
1:00 6/30/03 ( signed by Mag. Judge Ronald J. Hedges ) (NM) (JB)
6/10/03
158 CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN Service
Re: [157-1] motion for reconsideration of [155-1] order, [154-1] order
setting discovery due for 6/30/03 serve on 06/06/03 via Federal Express
to plaintiff. along w/ copy of Local Rule 7.1(g) Letter brief and Motion.
(JB) [Entry date 06/11/03]
7/1/03
159 ORDER denying [157-1] motion for reconsideration of[155-1] order, [154-1]
order setting discovery due for 6/30/03 ( signed by Mag. Judge Ronald J.
Hedges ) (NM) (JB)[Entry date 07/02/03]
7/10/03
160 TRANSCRIPT of Proceedings taken on June 30, 2003 Honorable Ronald J. Hedges
(ce) [Entry date 07/11/03]
7/14/03
164 Minute entry: Proceedings recorded by Ct-Reporter: 07/14/03; Minutes of: 07/14/03; The following actions were taken, denying [157-1] motion for reconsideration of [155-1] order, [154-1] order setting discovery due for
6/30/03 By Mag. Judge Ronald J. Hedges (JB) [Entry date 07/25/03]
7/15/03
161 ORDER, that paragraph 9 of the Order entered on May 22, 2003 and paragraph
9 of the Order entered on June 06, 2003 hereby stayed pending the outcome
of defendant's appeal therefrom. ( signed by Mag. Judge Ronald J. Hedges
) (NM) (JB) [Entry date 07/17/03]
7/17/03
162 Notice of MOTION Appealing from Magistrate Judge's Discovery ruling pursuant to Local Civ. Rule 72.1(c)(1)(A) by AT&T, AT&T MANAGEMENT PEN, Motion set for 9/8/03 on [162-1] motion w/cert of service. (Brief/PO Subm) (JB) [Entry date 07/21/03]
7/17/03
163 CERTIFICATION of PATRICIA S. ROBINSON, ESQ. on behalf of AT&T, AT&T MANAGEMENT PEN Re: in support of [162-1] motion Appealing from Magistrate Judge's Discovery ruling pursuant to Local Civ. Rule 72.1(c)(1)(A) (JB) [Entry date 07/21/03]
7/31/03
165 ORDER, that Plaintiff shall
be permitted to take the deposition of Kal Basu only by telephone. The deposition
shall not exceed one hour and the questioning shall be limited to inquiring as
to whether Mr. Basu had anything to
do with preparation of notices etc. setting fact discovery due for 8/15/03, setting
status conference for 2:00 10/8/03 ( signed by Mag. Judge Ronald J. Hedges ) (NM)
(JB) [Entry date 08/05/03]
8/21/03
166 Notice of MOTION objecting
to ruling on doc. requests & a key deposition by PHILLIP C. ENGERS, WARREN
J. MCFALL, DONALD G. NOERR, GERALD SMIT, & cert. of service. Motion set
for 9/22/03 on [166-1] motion . (Brief/PO Subm) (mn) [Entry date 08/22/03]
8/21/03
167 CERTIFICATION of Stephen R. bruce on behalf of PHILLIP C. ENGERS, WARREN
J. MCFALL, DONALD G. NOERR, GERALD SMIT Re: [166-1] in support of motion objecting
to ruling on doc. requests & a key deposition (mn) [Entry date 08/22/03]
8/25/03
168 CERTIFICATION of Stephen R. Bruce Re: [162-1] opposing defts
motion Appealing from Magistrate Judge's Discovery ruling pursuant
to Local Civ. Rule 72.1(c)(1)(A) & cert. of service. (brief
sub.) (mn) [Entry date 08/27/03]
9/8/03
169 Minute entry: Proceedings recorded by ; Minutes of: 09/08/03;
The following actions were taken, [162-1] motion Appealing from
Magistrate Judge's Discovery ruling pursuant to Local Civ. Rule
72.1(c)(1)(A) taken under advisement pursuant to R78. By Judge
Jose L. Linares (JB) [Entry date 09/15/03]
9/8/03
170 CERTIFICATION of PATRICIA A. CULLEN, ESSQ. on behalf of AT&T,
AT&T MANAGEMENT PEN Re: in opposition [166-1] motion objecting
to ruling on doc. requests & a key deposition (JB) [Entry date 09/16/03]
9/8/03
171 CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN Service
Re: [170-1] certification and Brief in response to plaintiff's
motion appealing the Magistrate Judge's Dicovery Orders. (JB) [Entry date 09/16/03]
9/11/03
172 ORDER, that defendants shall be premitted to take the depositiions of Bonny Berger and Edward O'Brien by
09/30/03. Defts, shall also be allowed to depose one of the three individuals
who were identified as Gary Morse, Ralph Colotti, or Bob Strong. Deposition
shall also occur by 9/30/03. ( signed by Mag. Judge Ronald J. Hedges )
(NM) (JB) [Entry date 09/18/03]
9/22/03
173 ORDER, that defendants' request to extend the deadline for taking
depositions beyond 08/15/03 is Granted. The parteis are directed to make
every effort to completer the depositions by 09/30/03. etc. ( signed by
Mag. Judge Ronald J. Hedges ) (NM) (JB) [Entry date 09/24/03]
9/30/03
174 ORDER, that the time for serving the expert report of the
plaintiff's communications expert is extended to 11/03/03 ( signed
by Mag. Judge Ronald J. Hedges ) (NM) (JB) [Entry date 10/02/03]
11/5/03
175 CERTIFICATION
of BRIAN M. BYRNES on behalf of AT&T, AT&T MANAGEMENT PEN
Re: in connection w/defts response to request No. 13 of plaintiff's
second request for documents, which demanded the production
of "any legal memoranda on cash balance issues in the possession
of plan administrator" etc. (JB) [Entry date
11/10/03]
11/12/03
176 TRANSCRIPT of Proceedings taken on 10/29/03 Hon. Ronald J. Hedges
(ce) [Entry date 11/13/03]
11/26/03
178 CERTIFICATE OF SERVICE by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G.
NOERR, GERALD SMIT Service Re: of SUBPOENA as to Universal Mailing services
Inc. c/o Edwin Adam. accepted by Rosel Frank. on 11/19/03. (JB) [Entry date
12/04/03]
12/1/03
177 ORDER, that defendant shall produce to plaintiffs, w/in 7
days of the date of this conference, a list as describe in the
Court's August 5, 2003. order
etc. and Plaintiff's application for additional info re: materials presented
to AT&T'S Board of Directors re: the Plan Amendment is DENIED, ETC. ( signed
by Mag. Judge Ronald J. Hedges ) (NM) (JB) [Entry date 12/03/03]
12/4/03
-- Deadline updated; terminating [122-2] hearing Motion set for 3/11/02 on
[121-1] dispositive motion notice partial dismissal of third amended complt. (dh) 12/4/03 179 OPINION AND ORDER granting
in part, denying in part [143-1] cross motion to strike [104-1] Third amended
complaint allegations to dismissed claims. ( signed by Judge Jose L. Linares
) (JB) [Entry date 12/09/03]
12/15/03
180 ORDER, extending time for service of report of defendant's actuarial expert.
( signed by Mag. Judge Ronald J. Hedges ) (NM) (JB) [Entry date 12/18/03]
12/22/03
181 ANSWER by AT&T, AT&T MANAGEMENT PEN to third
amended class
action complaint; jury demand w/certf of service. (JB)
[Entry date 12/31/03]
02/02/2004
182 ORDER extending time for service of report of defendants
communications expert until 02/06/04. all other provisions of the
Courts's Order entered on 12/03/03 remain in effect except as modified
herein. Signed by Judge Ronald J. Hedges on 02/02/04. (JB, ) (Entered:
02/06/2004)
02/24/2004
183 ORDER that the depositions of the commmunication
experts shall be conducted in Newark the week of 2-3-27,2004. All
other provisions of the Court's Order entered on 12/03/03 remain
in effect as modified herein. No ruling is intended as to whether
the defts are entitled to offer two reports from communication experts
on the identical subject matter and topics. Signed by Judge Ronald
J. Hedges on 02/24/04. (JB, ) (Entered: 03/01/2004)
03/08/2004
185 ORDER re 184 Opinion, Order Judge Linares remanded
one matter to me for furhter consideration. I will hear oral argument
on production of the "Sales Agreement" at 3:00p.m. on March
22, 2004. Plaintiff may make any written sbumission w/regard to this
document. not later than 03/15/04. Defts may respond not later than
03/18/04. Defendants shall produce the Sales Agreement for in Camera
inspection during oral argument.. Signed by Judge Ronald J. Hedges
on 03/08/04. (JB, ) (Entered: 03/09/2004)
03/09/2004
184 OPINION & ORDER that plaintiff's appeal of paragraph
2 of the June 2, 2003 Order by Magisrate Judge Hedges to deny Plaintiff's
application to Compel Production is DENIED etc. . Signed by Judge
Jose L. Linares on 03/08/04. (JB, ) (Entered: 03/09/2004)
03/16/2004
186 ORDER that dispositive motion practice shall be governed
by Appendix N of the local Civil Rules. etc.. Signed by Judge Ronald
J. Hedges on 03/16/04. (JB, ) (Entered: 03/18/2004)
03/18/2004
187 ORDER that initial and opposition brief filed by either
party during dispositive motion practice shall not exceed 50 (fifty),
Reply brief by either party shall not exceed 20 (twenty).. Signed
by Judge Jose L. Linares on 03/18/04. (JB, ) (Entered: 03/22/2004)
04/21/2004
188 SCHEDULING ORDER:Any dispostive Motions due by 5/21/2004.Opposition
papers be served by 6/11/2004.Reply brief, and the motion packages
filed w/Court by 6/25/2004. Signed by Judge Ronald J. Hedges on 4/21/2004.
(mn, ) (Entered: 04/23/2004)
05/19/2004
Minute Entry for proceedings held before Judge
Ronald J. Hedges : Discovery Hearing held on 5/19/2004. (Del Mauro,
M) (Entered: 05/19/2004)
05/20/2004
189 LETTER OPINION AND ORDER, for the reasons set forth
above, defendants shall produce the Sales Agreement in issue w/in
10 days of the date herein. . Signed by Judge Ronald J. Hedges on
05/20/04. (JB, ) (Entered: 05/20/2004)
05/20/2004
190 ORDER that dispositive motion practice shall be governed
by appendix N of the local civil rules. Opening briefs in support
of any dispositive motions by either party shall be served on the
other party by 6/18/04. etc. . Signed by Judge Ronald J. Hedges on
05/20/04. (JB, ) (Entered: 05/21/2004)
05/25/2004
Minute Entry for proceedings held before Judge
Ronald J. Hedges : Scheduling Conference held on 5/25/2004. (Del
Mauro, M) (Entered: 05/28/2004)
06/04/2004
191 ORDER w/seven (7) days of 5/25/04, counsel for defendants
shall produce to counsel for plaintiffs a copy of tyhe videotape
of the 9/25/97 walk-through of the Cash balance seminar produced
by AYCO in respone to plaintiff's subpoena etc.. Signed by Judge
Ronald J. Hedges on 06/04/04. (JB, ) (Entered: 06/07/2004)
06/23/2004 192 Notice of Intent to submit a Dispositive motion by
AT&T (Attachments: # 1)(MILLS, CHRISTOPHER) (Entered: 06/23/2004)
06/23/2004
193 Notice of Intent to submit a Dispositive motion by
PHILLIP C. ENGERS, MANAGEMENT EMPLOYEES OF AT&T, WARREN J. MCFALL,
GERALD SMIT, DONALD G. individually and on behalf of all others similarly
situated, (NIRENBERG, JONATHAN) (Entered: 06/23/2004)
06/25/2004
197 Notice of Intent to submit a Dispositive motion by
defendants. (dc, ) (Entered: 07/08/2004)
06/28/2004
CLERKS OFFICE QUALITY CONTROL MESSAGE - The Notice
of Intent Dispositive motion, document number 193 submitted by J.
Nirenberg on 6/23/04. The Document did not contain a proper electronic
signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC
SIGNATURE BY 7/1/04. This submission will remain on the docket unless
otherwise ordered by the court. This message is for informational
purposes only. (cs) (Entered: 06/28/2004)
06/28/2004
194 ORDER date of service of opening briefs in support
of dispositive motions under Appendix N of the Local Rules is extended
to 6/23/04, etc.. Signed by Judge Ronald J. Hedges on 6/28/04. (bl,
) (Entered: 06/29/2004)
06/29/2004
195 Notice of Intent to submit a Dispositive motion by
PHILLIP C. ENGERS, MANAGEMENT EMPLOYEES OF AT&T, WARREN J. MCFALL,
GERALD SMIT, DONALD G. individually and on behalf of all others similarly
situated, (NIRENBERG, JONATHAN) (Entered: 06/29/2004)
07/07/2004
196 NOTICE by PHILLIP C. ENGERS, MANAGEMENT EMPLOYEES
OF AT&T, WARREN J. MCFALL, GERALD SMIT, DONALD G. individually
and on behalf of all others similarly situated, re 195 Notice of
Intent to submit a Dispositive motion, 193 Notice of Intent to submit
a Dispositive motion - revised brief (NIRENBERG, JONATHAN) (Entered:
07/07/2004)
07/08/2004
198 ORDER that Pltf's Memorandum of Law in Support of
Summary Judgment dated 6/23/04, is STRICKEN for failure to conform
w/Local Civil Rule 7.2(b) and (d) & this Court's Order dated
3/18/04; substitute brief due 7/7/04; all subsequent filing deadlines
are extended two weeks; etc.,. Signed by Judge Jose L. Linares on
7/8/04. (DD, ) (Entered: 07/09/2004)
07/12/2004
199 ORDER that Pltfs' Memorandum of Law in Support of
Motion for Summary Judgment dated 6/23/04 is WITHDRAWN; Pltfs shall
serve a substitute brief, no later than 7/7/04, no longer than
50 pgs; all subsequent filing deadlines set forth in Mag. Judge
Hedges' Order dated 5/19/04 are extended by 2 weeks; opposition
due 8/13/04; reply briefs due 9/17/04; etc.. Signed by Judge
Jose L. Linares on 7/9/04. (DD, ) (Entered: 07/12/2004)
08/09/2004
200 Consent ORDER that the date for service of briefs
in opposition to motions for summary judgment is hereby extended
to 8/20/04; the date for service of reply briefs and filing of all
motion papers with the Court purs. to Appendix N is extended to 9/30/04.
Signed by Judge Ronald J. Hedges on 8/9/04. (jd, ) (Entered: 08/10/2004)
08/20/2004
201 Letter from Stephen Bruce/Jonathan I. Nirenberg
re: Plaintiffs' Opposition to Defendants' Motion for Summary Judgment.
(NIRENBERG, JONATHAN) (Entered: 08/20/2004)
09/14/2004
202 MOTION to Amend/Correct 196 Notice (Other), Notice
(Other) the Complaint by PHILLIP C. ENGERS, MANAGEMENT EMPLOYEES
OF AT&T, WARREN J. MCFALL, GERALD SMIT, DONALD G. individually
and on behalf of all others similarly situated,. (Attachments: #
1 Brief in support of Motion to Amend Complaint# 2 Certification
of Stephen R. Bruce# 3 Proposed Amended Complaint# 4 Text of Proposed
Order # 5 Certification of Service)(NIRENBERG, JONATHAN) (Entered:
09/14/2004)
09/15/2004
Set Deadlines as to 202 MOTION to Amend/Correct
196 Notice (Other), Notice (Other) the Complaint. Motion Hearing
set for 10/12/2004 10:00 AM before Judge Jose L. Linares. Please
be advised that this motion will be decided on the papers unless
otherwise notified by the Court. (mn, ) (Entered: 09/15/2004)
09/21/2004
203 ORDER that the return date of pltfs' motion for leave
to file a fourth amended class action complaint and to amend the
class definition be adjourned from 10/12/04 to 10/25/04, etc.. Signed
by Judge Jose L. Linares on 9/20/04. (jd, ) (Entered: 09/21/2004)
09/21/2004
Reset Deadlines as to 202 MOTION to
Amend/Correct 196 Notice (Other), Notice (Other) the Complaint. Motion
Hearing set for 10/25/2004 before Judge Jose L. Linares. (Please
be advised that this motion will be decided on the papers unless
otherwise notified by the court) (jd, ) (Entered: 09/21/2004)
09/29/2004
204 ORDER that the date for service of briefs in reply
to motions for summary judgment is hereby extended on 10/07/04. etc..
Signed by Judge Jose L. Linares on 09/29/04. (JB, ) (Entered: 09/30/2004)
10/07/2004
205 MOTION for Summary Judgment by PHILLIP C. ENGERS,
WARREN J. MCFALL, GERALD SMIT, DONALD G. individually and on behalf
of all others similarly situated,. Responses due by 10/7/2004 (Attachments:
# 1 Brief # 2 Statement of Facts# 3 Certification Bruce# 4 Certification
Poulin# 5 Certification Anderson# 6 Text of Proposed Order # 7 Certification
of Service)(NIRENBERG, JONATHAN) (Entered: 10/07/2004)
10/07/2004
206 BRIEF in Opposition re 205 MOTION for Summary Judgment
(Plaintiffs') filed by AT&T, AT&T MANAGEMENT PENSION PLAN.
(Attachments: # 1 Statement Defendants' Response to Plaintiffs' 56.1
Statement of Material Facts# 2 Certification pf Robinson, Esq. in
Opposition to Plaintiffs' Motion for Summary Judgment# 3 Certification
of Service of Defendants' Opposition Papers)(MILLS, CHRISTOPHER)
(Entered: 10/07/2004)
10/07/2004
207 MOTION for Summary Judgment by AT&T, AT&T
MANAGEMENT PENSION PLAN. Responses due by 10/7/2004 (Attachments:
# 1 Brief of Defendants in Support of Motion for Summary Judgment#
2 Statement by Defendants of Undisputed Material Facts, pursuant
to Local Civil Rule 56.1# 3 Exhibit s A & B to Defendants Rule
56.1 Statement# 4 Certification of Robinson, Esq. in Support of Defendants'
Motion for Summary Judgment# 5 Certification of Brian M. Byrnes in
Support of Defendants' Motion for Summary Judgment# 6 Certification
of Edwin J. Adam in Support of Defendants' Motion for Summary Judgment#
7 Text of Proposed Order Granting Summary Judgment to Defendants#
8 Certification of Service of Defendants' Moving Papers in Support
of Defendants' Motion for Summary Judgment)(MILLS, CHRISTOPHER) (Entered:
10/07/2004)
10/07/2004
208 REPLY to Response to Motion re 207 MOTION for Summary
Judgment filed by AT&T, AT&T MANAGEMENT PENSION PLAN. (Attachments:
# 1 Brief Reply Brief in Further Support of Defendants' Motion for
Summary Judgment# 2 Certification of Mills, Esq. in Support of Defendants'
Motion for Summary Judgment# 3 Statement of Defendants' in Response
to Plaintiffs' Rule 56.1 Counter-Statement of Material Facts# 4 Statement
of Abbreviations/Short Name Conventions used by Defendants in papers
submitted on both motions for summary judgment# 5 Certification of
Service of Defendants's Reply Papers, of E-filing and of filing documents
under seal)(MILLS, CHRISTOPHER) (Entered: 10/07/2004)
10/07/2004
209 BRIEF in Opposition re 207 MOTION for Summary Judgment
filed by PHILLIP C. ENGERS, WARREN J. MCFALL, GERALD SMIT, DONALD
G. individually and on behalf of all others similarly situated,.
(Attachments: # 1 Counter-Statement of Material Facts# 2 Certification
of Service)(NIRENBERG, JONATHAN) (Entered: 10/07/2004)
10/07/2004
210 REPLY to Response to Motion re 205 MOTION for Summary
Judgment (Plaintiffs') filed by PHILLIP C. ENGERS, WARREN J. MCFALL,
GERALD SMIT, DONALD G. individually and on behalf of all others similarly
situated,. (Attachments: # 1 Certification of Service)(NIRENBERG,
JONATHAN) (Entered: 10/07/2004)
10/07/2004
213 Defendants' appendix in support of motion for summary
judgment (VOLUME 1-7) FILED UNDERSEAL. filed by AT&T, AT&T
MANAGEMENT PENSION PLAN. (JB, ) (Entered: 10/14/2004)
10/07/2004
214 APPENDIX VOULUMES I-VI (FILED UNDERSEAL) in support
of plaintiff's motion for summary judgment. filed by PHILLIP C. ENGERS,
WARREN J. MCFALL, GERALD SMIT, DONALD G. individually and on behalf
of all others similarly situated,. (JB, ) (Entered: 10/14/2004)
10/08/2004
CLERKS OFFICE QUALITY CONTROL MESSAGE - The attachment
for the Brief in opposition to motion for summary judgment submitted
by Christopher Mills on 10/07/04 is unreadable. PLEASE RESUBMIT THE
DOCUMENT BY breaking it in part by saving 50 pages at a time or 2.0
MB. Please resubmit by 10/13/04 three buiness days from the date
of this annonation.(JB, ) (Entered: 10/08/2004)
10/08/2004
211 RESPONSE to Motion re 205 MOTION for Summary Judgment
PER THE COURT CLERK'S INSTRUCTIONS DEFENDANTS ARE RE-FILING THEIR
RESPONSE TO PLAINTIFFS' RULE 56.1 STATEMENT OF UNDISPUTED MATERIAL
FACTS (This document consists of pages 1-51) filed by AT&T, AT&T
MANAGEMENT PENSION PLAN. (Attachments: # 1 Statement (Pages 52-99)#
2 Statement (Pages 100-151))(MILLS, CHRISTOPHER) (Entered: 10/08/2004)
10/12/2004
212 Cross MOTION to Strike 202 MOTION to Amend/Correct
196 Notice (Other), Notice (Other) the Complaint, 205 MOTION for
Summary Judgment (by Plaintiffs) by AT&T, AT&T MANAGEMENT
PENSION PLAN. Responses due by 10/18/2004 (Attachments: # 1 Brief
of Defendants in Support of Cross-Motion to Strike Portions of Plaintiffs'
Motion for Summary Judgment, and in Opposition to Plaintiffs' Motion
for Leave to Amend Complaint and Class Definition# 2 Text of Proposed
Order Striking Portions of Plaintiffs' Motion for Summary Judgment#
3 Certification of Service)(MILLS, CHRISTOPHER) (Entered: 10/12/2004)
10/14/2004
217 CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT
PENSION PLAN re [213] Brief (JB, ) (Entered: 10/18/2004)
10/15/2004
215 MOTION to Strike 205 MOTION for Summary Judgment (filed
by Plaintiffs) by AT&T, AT&T MANAGEMENT PENSION PLAN. Responses
due by 10/25/2004 (Attachments: # 1 Brief of Defendants' in Support
of Motion to Exclude Certain Evidence and to Strike Portions of Plaintiffs'
R.56 Statment in Support of Motion for Summary Judgment# 2 Certification
of Patricia S. Robinson Esq. in Support of Defendants' Motion to
Exclude Evidence and Strike Portions of Plaintiffs' R. 56.1 Statement
of Undisputed Material Facts# 3 Text of Proposed Order # 4 Certification
of Service)(MILLS, CHRISTOPHER) (Entered: 10/15/2004)
10/15/2004
216 MOTION to Preclude Testimony of Experts Claude Poulin
and James Stratman (Certification of Patricia A. Cullen, Esq. is
oversized and is being filed by hand) by AT&T, AT&T MANAGEMENT
PENSION PLAN. (Attachments: # 1 Brief of Defendants in Support of
Motion to Exclude Testimony of Plaintiffs' Experts Claude Poulin
and James Stratman# 2 Text of Proposed Order # 3 Certification of
Service)(MILLS, CHRISTOPHER) (Entered: 10/15/2004)
10/15/2004
220 Certification of Patricia A. Cullen, Esq. on behalf
of AT&T, AT&T MANAGEMENT PENSION PLAN in support of 216 Motion
to Preclude,. (JB, ) (Entered: 10/21/2004)
10/20/2004
218 REPLY to Response to Motion re 202 MOTION to Amend/Correct
196 Notice (Other), Notice (Other) the Complaint filed by PHILLIP
C. ENGERS, WARREN J. MCFALL, GERALD SMIT, DONALD G. individually
and on behalf of all others similarly situated,. (Attachments: #
1 Certification of Service)(NIRENBERG, JONATHAN) (Entered: 10/20/2004)
10/20/2004
219 BRIEF in Opposition re 212 Cross MOTION to Strike
202 MOTION to Amend/Correct 196 Notice (Other), Notice (Other) the
Complaint, 205 MOTION for Summary Judgment (by Plaintiffs) filed
by PHILLIP C. ENGERS, WARREN J. MCFALL, GERALD SMIT, DONALD G. individually
and on behalf of all others similarly situated,. (Attachments: #
1 Certification of Service)(NIRENBERG, JONATHAN) (Entered: 10/20/2004)
10/20/2004
221 ORDER that the date for service and filingo plaintiff's
reply brief in support of the moiton for leave to amned (doc#202)
is extended to 10/20/04. etc. . Signed by Judge Jose L. Linares on
10/20/04. (JB, ) (Entered: 10/21/2004)
10/21/2004
222 BRIEF in Opposition re 212 Cross MOTION to Strike
202 MOTION to Amend/Correct 196 Notice (Other), Notice (Other) the
Complaint, 205 MOTION for Summary Judgment (by Plaintiffs) refiled
brief because page was missing from initial version filed by PHILLIP
C. ENGERS, MANAGEMENT EMPLOYEES OF AT&T, WARREN J. MCFALL, GERALD
SMIT, DONALD G. individually and on behalf of all others similarly
situated,. (NIRENBERG, JONATHAN) (Entered: 10/21/2004) behalf of
all others similarly situated,. (NIRENBERG, JONATHAN) (Entered: 10/21/2004)
11/01/2004
Setting Deadlines as to 205 MOTION for Summary Judgment, 207 MOTION for Summary
Judgment, 212 Cross MOTION to Strike 202 MOTION to Amend/Correct 196 Notice
(Other), Notice (Other) the Complaint, 205 MOTION for Summary Judgment (by
Plaintiffs). Motion Hearing set for 11/8/2004 10:00 AM before Judge Jose
L. Linares. (PLEASE BE ADVISE THAT THIS MOTION WILL BE DECIDED ON PAPERS
UNLESS OTHERWISE NOTIFY BY THE COURT). (JB, ) (Entered: 11/01/2004)
11/01/2004
Setting Deadlines as to 215 MOTION to Strike 205 MOTION for Summary Judgment
(filed by Plaintiffs), 216 MOTION to Preclude Testimony of Experts Claude Poulin
and James Stratman (Certification of Patricia A. Cullen, Esq. is oversized
and is being filed by hand). Motion Hearing set for 11/22/2004 10:00 AM before
Judge Jose L. Linares. (Please be advised that this motion will be decide on
papers unless otherwise notify by the court). (JB, ) (Entered: 11/01/2004)
11/01/2004
CLERKS OFFICE QUALITY CONTROL MESSAGE - The Statement of
facts document #209 w/83 pages submitted by Jonathan Nirenberg
on 10/07/04 is unreadable. PLEASE RESUBMIT THE DOCUMENT BY November
3, 2004 3 business days from the date of this annotation. Please
be advised that the document needs to be less than 2.0 MB in
order to be read by the system. You need to re-submit this documents
save in 2 parts, eg. pages 1-40 then 41-83. thanks.(JB, ) (Entered:
11/01/2004)
11/01/2004 CLERKS OFFICE QUALITY CONTROL MESSAGE
- The response to motion #205 submitted by Chritopher Mills on
10/08/04 is unreadable. PLEASE RESUBMIT THE DOCUMENT BY November
5, 2004 three business days from the date of the annotation, this
documents needs to be split in part of 30 pages per save or less
than 2.0 MB in order for the system to be able to read it. Thanks.(JB,
) (Entered: 11/01/2004)
11/01/2004
223 RESPONSE in Opposition re 205 MOTION for Summary Judgment THIS IS DEFENDANTS'
RESPONSE TO PLAINTIFFS' RULE 56.1 STATEMENT OF MATERIAL FACTS (It is being
re-filed a 2nd time pursuant to the Clerk's 11/1/04 request. It has been broken
into 5 sub-parts. The first sub-part consists of pages 1- 30. The other sub-parts
are attached.) filed by AT&T, AT&T MANAGEMENT PENSION PLAN. (Attachments:
# 1 [Pages 31 - 60]# 2 [Pages 61 - 91]# 3 [Pages 92 - 123]# 4 [Pages 124 -
153])(MILLS, CHRISTOPHER) (Entered: 11/01/2004)
11/03/2004
224 RESPONSE in Opposition re 207 MOTION for Summary Judgment This is Plaintiffs'
LR 56.1 Counter-Statement originally filed under Dkt # 209. It is being refiled
in two parts in response to the Clerk's 11/1/04 request. The first part consists
of the cover page plus pages 1-39. Attachment # 1 contains the second part.
filed by PHILLIP C. ENGERS, WARREN J. MCFALL, GERALD SMIT, DONALD G. individually
and on behalf of all others similarly situated,. (Attachments: # 1 [Pages 40-82
of LR 56.1 Counter-Statement])(NIRENBERG, JONATHAN) (Entered: 11/03/2004)
11/08/2004
225 ORDER that the motion hearing date for defendant's motions to exclude expert
terstimony and certain evidence dkt#215 and 216 is re-set for 12/27/04. Plaintiffs
shall file their opposition by 11/22/04. defendants shall file their reply
by 12/13/04.. Signed by Judge Jose L. Linares on 11/08/04. (JB, ) (Entered:
11/08/2004)
11/08/2004
Adjourning deadline for 216 MOTION to Preclude Testimony of Experts Claude
Poulin and James Stratman (Certification of Patricia A. Cullen, Esq. is oversized
and is being filed by hand). Motion reset for 12/27/2004 10:00 AM before Judge
Jose L. Linares. (JB, ) (Entered: 11/08/2004)
11/08/2004
226 Minute Entry for proceedings held before Judge Ronald J. Hedges : Motion
Hearing held on 11/8/2004 re 202 MOTION to Amend/Correct 196 Notice (Other),
Notice (Other) the Complaint filed by MANAGEMENT EMPLOYEES OF AT&T, PHILLIP
C. ENGERS, WARREN J. MCFALL, DONALD G. individually and on behalf of all others
similarly situated,, GERALD SMIT. ORDERED MOTION GRANTED IN PART. (Tape #04-43.)
(nm, ) (Entered: 11/09/2004)
11/08/2004
227 ORDER denying 202 Motion to Amend class action complaint. Plaintiff may
submitt new form of order to allow new legal theories only to be pled. . Signed
by Judge Ronald J. Hedges on 11/08/04. (JB, ) (Entered: 11/09/2004)
11/08/2004
228 TRANSCRIPT of Proceedings held on 11/8/2004 before Judge Hedges. PLEASE
NOTE: The complete transcript of these proceedings is maintained in paper format
on file in the Clerks Office. To request copies of this transcript, contact
the Official Court Reporter or Transcription Service who prepared the transcript.
(ji, ) (Entered: 11/18/2004)
11/19/2004
229 ORDER that plaintiff may plead the following new legal theoris as set forth
in paragraphs 88A and 94A of the proposed Fourth Amended Class Action Complaint
etc. Plaitiff's motion to amned the class definitiion in the Order dated 1/19/01
to remove the proviso that a class member must be "currently over age
forty" is DENIED. Accordingly, paragraph 12 of the complaint shal not
be amended.. Signed by Judge Ronald J. Hedges on 11/19/04. (JB, ) (Entered:
11/22/2004)
11/22/2004
230 BRIEF in Opposition re 216 MOTION to Preclude Testimony of Experts Claude
Poulin and James Stratman (Certification of Patricia A. Cullen, Esq. is oversized
and is being filed by hand) filed by PHILLIP C. ENGERS, WARREN J. MCFALL, GERALD
SMIT, DONALD G. individually and on behalf of all others similarly situated,.
(Attachments: # 1 Certification of Stephen Bruce w/ Exhibits 1-3# 2 Text of
Proposed Order # 3 Certificate of Service)(NIRENBERG, JONATHAN) (Entered: 11/22/2004)
11/22/2004
231 BRIEF in Opposition re 215 MOTION to Strike 205 MOTION for Summary Judgment
(filed by Plaintiffs) filed by PHILLIP C. ENGERS, WARREN J. MCFALL, GERALD
SMIT, DONALD G. individually and on behalf of all others similarly situated,.
(Attachments: # 1 Certification of Stephen Bruce w/ Exhibits A-B# 2 Text of
Proposed Order # 3 Certificate of Service)(NIRENBERG, JONATHAN) (Entered: 11/22/2004)
11/23/2004
232 AMENDED COMPLAINT filed pursuant to Order (dkt. # 229) against AT&T,
AT&T MANAGEMENT PENSION PLAN, filed by PHILLIP C. ENGERS, WARREN J. MCFALL,
GERALD SMIT, DONALD G. individually and on behalf of all others similarly situated,.(NIRENBERG,
JONATHAN) (Entered: 11/23/2004)
12/06/2004
233 MOTION to Set Aside 229 Order, of Magistrate Judge Which Permitted
Plaintiffs to File a Fourth Amended Complaint [Oversized Certification
of Patricia S. Robinson, Esq. with exhibits is being filed separately]
by AT&T, AT&T
MANAGEMENT PENSION PLAN. (Attachments: # 1 Brief in Support of Defendants'
Motion to Set Aside the Magistrate Judge's Ruling Permitting Plaintiffs to
File a Fourth Amended Complaint# 2 Text of Proposed Order # 3 Certification
of Service)(MILLS, CHRISTOPHER) (Entered: 12/06/2004)
12/06/2004
Set Deadlines as to 233 MOTION to Set Aside 229 Order, of Magistrate
Judge Which Permitted Plaintiffs to File a Fourth Amended Complaint
[Oversized Certification of Patricia S. Robinson, Esq. with exhibits
is being filed separately]. Motion Hearing set for 1/10/2005 10:00
AM before Judge Jose L. Linares. (mn, ) (Entered: 12/07/2004)
12/07/2004
234 MOTION to Vacate Paragraph 2 of Order (dkt #219) under LR 72.1(c) and Modify
Class Definition to Remove Age Limitation by PHILLIP C. ENGERS, WARREN J. MCFALL,
GERALD SMIT, DONALD G. individually and on behalf of all others similarly situated,.
(Attachments: # 1 Brief in Support# 2 Certification of Stephen Bruce w/ Exhibits
1-7# 3 Text of Proposed Order # 4 Certificate of Service)(NIRENBERG, JONATHAN)
(Entered: 12/07/2004)
12/07/2004
235 Certification of PATRICIA S. ROBINSON on behalf of AT&T, AT&T MANAGEMENT
PENSION PLAN Re 233 Motion to Set Aside, (Oversized certification exhibits
A-J located in clerk's file room). (JB, ) (Entered: 12/09/2004)
12/13/2004
236 NOTICE by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. individually
and on behalf of all others similarly situated,, GERALD SMIT correcting
typographical error in Dkt Entry # 234: Dkt Entry # 234 refers
to Para. 2 of an Order by Judge Hedges. In parentheses a cross-reference
is given to Dkt Entry # 219. The cross-reference should be to Dkt.
Entry # 229. (NIRENBERG, JONATHAN) (Entered: 12/13/2004)
12/13/2004
237 REPLY to Response to Motion re 216 MOTION to Preclude Testimony
of Experts Claude Poulin and James Stratman (Certification of Patricia
A. Cullen, Esq. is oversized and is being filed by hand) DEFENDANTS'
REPLY BRIEF IN FURTHER SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF
PLAINTIFFS' EXPERTS CLAUDE POULIN AND JAMES STRATMAN filed by AT&T, AT&T MANAGEMENT PENSION PLAN. (Attachments:
# 1 Certification of Service)(MILLS, CHRISTOPHER) (Entered: 12/13/2004)
12/13/2004
238 RESPONSE in Support re 215 MOTION to Strike 205 MOTION for
Summary Judgment (filed by Plaintiffs) DEFENDANTS' REPLY BRIEF
IN FURTHER SUPPORT OF MOTION TO EXCLUDE CERTAIN EVIDENCE AND TO
STRIKE PORTIONS OF PLAINTIFFS' L.CIV.R. 56.1 STATEMENT IN SUPPORT
OF MOTION FOR SUMMARY JUDGMENT filed by AT&T,
AT&T MANAGEMENT PENSION PLAN. (Attachments: # 1 Certification of Service)(MILLS,
CHRISTOPHER) (Entered: 12/13/2004)
12/21/2004
239 BRIEF in Opposition re 234 MOTION to Vacate Paragraph 2 of
Order (dkt #219) under LR 72.1(c) and Modify Class Definition to
Remove Age Limitation defendants' brief filed by AT&T, AT&T MANAGEMENT PENSION PLAN. (MILLS, CHRISTOPHER)
(Entered: 12/21/2004)
12/21/2004 240 BRIEF in Opposition re 234 MOTION to Vacate Paragraph 2 of Order
(dkt #219) under LR 72.1(c) and Modify Class Definition to Remove Age Limitation
filed by AT&T, AT&T MANAGEMENT PENSION PLAN. (Attachments: # 1 Brief
Defendants' Brief in opposition to plaintiffs' motion objecting under L.Cv.R.
72.1(c)(2) to Order denying modification of class definition# 2 Certification
of Christopher H. Mills in opposition to plaintiffs' motion objecting under
L.Cv.R. 72.1(c)(2) to Order denying modification of class definition# 3 Certificate
of Service as to defendants' brief in opposition to plaintiffs' motion objecting
under L.Cv.R. 72.1(c)(2) to Order denying modification of class definition)(MILLS,
CHRISTOPHER) (Entered: 12/21/2004)
12/21/2004
240 BRIEF in Opposition re 234 MOTION to Vacate Paragraph 2 of Order (dkt #219)
under LR 72.1(c) and Modify Class Definition to Remove Age Limitation filed
by AT&T, AT&T MANAGEMENT PENSION PLAN. (Attachments: # 1 Brief Defendants'
Brief in opposition to plaintiffs' motion objecting under L.Cv.R. 72.1(c)(2)
to Order denying modification of class definition# 2 Certification of Christopher
H. Mills in opposition to plaintiffs' motion objecting under L.Cv.R. 72.1(c)(2)
to Order denying modification of class definition# 3 Certificate of Service
as to defendants' brief in opposition to plaintiffs' motion objecting under
L.Cv.R. 72.1(c)(2) to Order denying modification of class definition)(MILLS,
CHRISTOPHER) (Entered: 12/21/2004)
12/21/2004
243 ORDER that defendant must answer, move the foruth amended complaint w/in
10 days.. Signed by Judge Ronald J. Hedges on 12/21/04. (JB, ) (Entered: 12/29/2004)
12/27/2004
241 BRIEF in Opposition re 233 MOTION to Set Aside 229 Order, of Magistrate Judge
Which Permitted Plaintiffs to File a Fourth Amended Complaint [Oversized Certification
of Patricia S. Robinson, Esq. with exhibits is being filed separately] filed
by MANAGEMENT EMPLOYEES OF AT&T, PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD
G. individually and on behalf of all others similarly situated,, GERALD SMIT.
(Attachments: # 1 Certification of Stephen Bruce in Support with Exhibits 1-4#
2 Certification of Service)(NIRENBERG, JONATHAN) (Entered: 12/27/2004)
12/28/2004
242 ORDER staying the time for defendants to answer, move, or otherwise
reply to the Fourth Amended Complaint pending the outcome of defendants'
appeal of the Magistrate Judge's Order entered on 11/22/04, etc..
Signed by Judge Jose L. Linares on 12/29/04. (dc, ) (Entered: 12/28/2004)
01/03/2005
244 REPLY to Response to Motion re 234 MOTION to Vacate Paragraph 2 of Order
(dkt #219) under LR 72.1(c) and Modify Class Definition to Remove Age Limitation
filed by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. individually and on behalf
of all others similarly situated,, GERALD SMIT. (Attachments: # 1 Supplemental
Certification of Stephen Bruce with Ex. 8# 2 Certification of Service)(NIRENBERG,
JONATHAN) (Entered: 01/03/2005)
01/03/2005
245 ORDER that the time for defendants to answer, move or otherwise reply to
Fourth Amended Complaint is hereby STAYED pending the outcome of defendants'
appeal of the magistrate Judge Order on 11/22/04. etc.. Signed by Judge Jose
L. Linares on 01/03/05. (JB, ) (Entered: 01/04/2005)
04/01/2005
246 ORDER The appendix volumes filed under docket entries
#213 and 214 shall be unsealed. The only material to be redacted
shall be the social security numbers of the named plaintiffs and
three other class members whose papers are included in the exhibits.
the Clerk shall make the appendix volumes filed by both parties available
to plaintiffs' counsel to redact those security numbers w/in 5 days
of the date of this order etc. Signed by Judge Jose L. Linares on
4/1/05. (JB, ) (Entered: 04/01/2005)
08/10/2005
247 ORDER denying 216 Motion to Preclude . Signed by
Judge Ronald J. Hedges on 8/10/05. (nm, ) (Entered: 08/10/2005)
08/24/2005
248 MOTION for Reconsideration re 247 Order on Motion
to Preclude Plaintiffs' Experts by AT&T, AT&T MANAGEMENT
PENSION PLAN. (Attachments: # 1 Brief in Support of Motion for Reconsideration#
2 Text of Proposed Order Proposed Form of Order Granting Reconsideration#
3 Certificate of Service)(MILLS, CHRISTOPHER) (Entered: 08/24/2005)
08/24/2005
Set/Reset Deadlines as to 248 MOTION for Reconsideration
re 247 Order on Motion to Preclude Plaintiffs' Experts. Motion Hearing
set for 9/26/2005 10:00 AM in Newark - Courtroom 5D before Judge
Jose L. Linares. (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED
ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT). (dh, ) (Entered:
08/26/2005)
09/09/2005
249 LETTER OPINION AND ORDER denying defts' 215 motion
to exclude the supplemental declaration of Claude Poulin, granting
defts' motion to exclude the declaration of Martha Anderson, granting
in part defts' motion to strike portions of pltfs' L.Civ.R.56.1 statement.
Signed by Judge Jose L. Linares on 9/8/05. (sr, ) (Entered: 09/09/2005)
09/09/2005
250 LETTER OPINION AND ORDER dismissing 212 Motion to
Strike . Signed by Judge Jose L. Linares on 9/9/05. (sr, ) (Entered:
09/09/2005)
09/12/2005
251 BRIEF in Opposition re 248 MOTION for Reconsideration
re 247 Order on Motion to Preclude Plaintiffs' Experts filed by PHILLIP
C. ENGERS, WARREN J. MCFALL, DONALD G. individually and on behalf
of all others similarly situated,, GERALD SMIT. (Attachments: # 1
Certificate of Service)(NIRENBERG, JONATHAN) (Entered: 09/12/2005)
09/13/2005
252 LETTER OPINION AND ORDER denying 233 Motion to Set
Aside . Signed by Judge Jose L. Linares on 9/13/05. (sr, ) (Entered:
09/13/2005)
09/19/2005
253 LETTER-OPINION and ORDER denying 234 MOTION to Vacate
Paragraph 2 of Order (dkt #219) under LR 72.1(c) and Modify Class
Definition to Remove Age Limitation filed by PHILLIP C. ENGERS,,
WARREN J. MCFALL,, DONALD G. individually and on behalf of all others
similarly situated,,, GERALD SMIT,, . Signed by Judge Jose L. Linares
on 9/16/2005. (mn, ) (Entered: 09/19/2005)
09/27/2005
254 ANSWER to Amended Complaint (Fourth Amended Complaint)
by AT&T, AT&T MANAGEMENT PENSION PLAN. (Attachments: # 1
Certification of Service)(MILLS, CHRISTOPHER) (Entered: 09/27/2005)
10/06/2005
255 Amended ANSWER to Amended Complaint Fourth Amended
Complaint by AT&T, AT&T MANAGEMENT PENSION PLAN. (Attachments:
# 1 Certification Proof of Service)(MILLS, CHRISTOPHER) (Entered:
10/06/2005)
10/12/2005
256 ORDER denying 248 Motion for Reconsideration . Signed
by Judge Ronald J. Hedges on 10/12/05. (sr,) (Entered: 10/12/2005)
10/26/2005
Set/Reset Deadlines as to 257 MOTION
to Set Aside 247 Order on Motion to Preclude Appeal of Magistrate
Judge's Order. Motion Hearing set for 11/28/2005 10:00 AM in Newark
- Courtroom 5D before Judge Jose L. Linares. (PLEASE BE ADVISED THAT
THIS MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED
BY THE COURT). (dh, ) (Entered: 10/28/2005)
11/14/2005
258 BRIEF in Opposition re 257 MOTION to Set Aside 247
Order on Motion to Preclude Appeal of Magistrate Judge's Order filed
by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. individually and
on behalf of all others similarly situated, GERALD SMIT. (Attachments:
# 1 Certificate of Service)(NIRENBERG, JONATHAN) (Entered: 11/14/2005)
02/08/2006
259 Substitution of Attorney - Attorney JONATHAN I. NIRENBERG
and JONATHAN I. NIRENBERG for PHILLIP C. ENGERS and WARREN J. MCFALL
added.. (NIRENBERG, JONATHAN) (Entered: 02/08/2006)
03/16/2006
260 MOTION to Dismiss Under Fed.R.Civ.P. 12(c) - Partial
Dismissal of Fourth Amended Complaint by AT&T, AT&T MANAGEMENT
PENSION PLAN. (Attachments: # 1 Brief Brief in Support of Defendants'
Motion Under Fed.R.Civ.P. 12(c) for Partial Dismissal of Fourth Amended
Complaint# 2 Text of Proposed Order Granting Motion Under Fed.R.Civ.P.
12(c) for Partial Dismissal of Fourth Amended Complaint# 3 Certificate
of Service)(MILLS, CHRISTOPHER) (Entered: 03/16/2006)
03/17/2006 Set Deadline as to 260 MOTION to Dismiss Under
Fed.R.Civ.P. 12(c) - Partial Dismissal of Fourth Amended Complaint.
Motion Hearing set for 4/10/2006 before Judge Jose L. Linares. (please
be advised that this motion will be decided on the papers unless
otherwise otherwise notified by the court) (sr, ) (Entered: 03/17/2006)
03/22/2006
261 Letter from Plaintiffs Invoking L.R. 7.1(d)(5) Procedure
for Automatic Extension of Time to Oppose re 260 MOTION to Dismiss
Under Fed.R.Civ.P. 12(c) - Partial Dismissal of Fourth Amended Complaint.
(NIRENBERG, JONATHAN) (Entered: 03/22/2006)
03/29/2006
262 Letter from Christopher H. Mills, Esq., Counsel for
Defendants, Requesting Extension of Time to File Reply Papers re
261 Letter, 260 MOTION to Dismiss Under Fed.R.Civ.P. 12(c) - Partial
Dismissal of Fourth Amended Complaint. (MILLS, CHRISTOPHER) (Entered:
03/29/2006)
03/31/2006
263 OPINION fld.. Signed by Judge Jose L. Linares on 3/30/06.
(sr, ) (Entered: 03/31/2006)
03/31/2006
264 ORDER denying 205 Motion for Summary Judgment, granting
in part and denying in part 207 Motion for Summary Judgment . Signed
by Judge Jose L. Linares on 3/30/06. (sr, ) (Entered: 03/31/2006)
04/04/2006
265 MOTION to Amend/Correct 263 Opinion, 264 Order on
Motion for Summary Judgment, by AT&T, AT&T MANAGEMENT PENSION
PLAN. (Attachments: # 1 Brief in Support of Defendants' Motion for
Clarification of Court's Decision on Motions for Summary Judgment#
2 Text of Proposed Order Granting Motion for Clarification of Court's
Decision on Motions for Summary Judgment# 3 Text of Proposed Order
--Revised Order Denying and Granting Partial Summary Judgment# 4
Certificate of Service)(MILLS, CHRISTOPHER) (Entered: 04/04/2006)
04/06/2006
Set Deadline as to 265 MOTION to Amend/Correct 263 Opinion,
264 Order on Motion for Summary Judgment,. Motion Hearing set for
5/8/2006 before Judge Jose L. Linares. (PLEASE BE ADVISED THAT THIS
MOTION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY
THE COURT) (sr, ) (Entered: 04/06/2006)
04/10/2006
266 MOTION to Seal Document CD Containing "Class
List" by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. individually
and on behalf of all others similarly situated,, GERALD SMIT. (Attachments:
# 1 Brief # 2 Exhibit A# 3 Certificate of Service # 4 Text of Proposed
Order)(NIRENBERG, JONATHAN) (Entered: 04/10/2006)
04/10/2006
267 MOTION for Partial Summary Judgment on Tenth and Twelfth
Claims for Relief by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD
G. individually and on behalf of all others similarly situated,,
GERALD SMIT. Responses due by 4/24/2006 (Attachments: # 1 Brief in
Support of Motion for Partial Summary Judgment on Tenth and Twelfth
Claims and in Opposition to Defendants' Rule 12(c) Motion for Partial
Dismissal of Same Claims# 2 Declaration of Allison Caalim with Exs.
A and B# 3 Second Supplemental Declaration of Claude Poulin with
Exs. 1 and 2# 4 Text of Proposed Order # 5 Certificate of Service)(NIRENBERG,
JONATHAN) (Entered: 04/10/2006)
04/10/2006
268 BRIEF in Opposition re 260 MOTION to Dismiss Under
Fed.R.Civ.P. 12(c) - Partial Dismissal of Fourth Amended Complaint
(Brief and Declarations also filed under Dkt.# 267) filed by PHILLIP
C. ENGERS, WARREN J. MCFALL, DONALD G. individually and on behalf
of all others similarly situated,, GERALD SMIT. (Attachments: # 1
Declaration of Allison Caalim with Exs. A and B# 2 Second Supplemental
Declaration of Claude Poulin with Exs. 1 and 2# 3 Certificate of
Service)(NIRENBERG, JONATHAN) (Entered: 04/10/2006)
04/10/2006
270 (SEALED) DECLARATION of Allison Caalim. (Attachments:
# (1) cert. of service)(sr, ) (Entered: 04/13/2006)
04/11/2006 Set Deadline as to 267 MOTION for Partial Summary Judgment
on Tenth and Twelfth Claims for Relief, 266 MOTION to Seal Document
CD Containing "Class List". Motion Hearing set for 5/8/2006
before Judge Jose L. Linares. (PLEASE BE ADVISED THAT THIS MOTION
WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT)
(sr, ) (Entered: 04/11/2006)
04/11/2006 269 ORDER granting an extension of time for defts to file
reply papers. Signed by Judge Jose L. Linares on 4/10/06. (sr, )
(Entered: 04/11/2006)
04/14/2006
271 Letter from Christopher H. Mills requesting stay re
267 MOTION for Partial Summary Judgment on Tenth and Twelfth Claims
for Relief, 260 MOTION to Dismiss Under Fed.R.Civ.P. 12(c) - Partial
Dismissal of Fourth Amended Complaint, 268 Brief in Opposition to
Motion,,, 266 MOTION to Seal Document CD Containing "Class List".
(MILLS, CHRISTOPHER) (Entered: 04/14/2006)
04/17/2006
272 MEMORANDUM & ORDER dismissing 257 Motion to Set
Aside, & affirming 247 Order on Motion to Preclude . Signed by
Judge Jose L. Linares on 4/17/06. (sr, ) (Entered: 04/17/2006)
04/17/2006
273 MOTION for Reconsideration re 263 Opinion, 264 Order
on Motion for Summary Judgment, by PHILLIP C. ENGERS, WARREN J. MCFALL,
DONALD G. individually and on behalf of all others similarly situated,,
GERALD SMIT. (Attachments: # 1 Brief in Support of Motion to Reconsider
Decisions on the Class' Third, Sixth, and Seventh Claims# 2 Text
of Proposed Order # 3 Certificate of Service)(NIRENBERG, JONATHAN)
(Entered: 04/17/2006)
04/17/2006
274 RESPONSE to Motion re 265 MOTION to Amend/Correct
263 Opinion, 264 Order on Motion for Summary Judgment, filed by PHILLIP
C. ENGERS, WARREN J. MCFALL, DONALD G. individually and on behalf
of all others similarly situated,, GERALD SMIT. (Attachments: # 1
Certificate of Service)(NIRENBERG, JONATHAN) (Entered: 04/17/2006)
04/20/2006 Minute Entry for proceedings held before Judge
Ronald J. Hedges : Discovery Hearing held on 4/20/2006. (nm, ) (Entered:
04/20/2006)
04/20/2006
275 ORDER granting 266 Motion to Seal CD with class list
. Signed by Judge Ronald J. Hedges on 4/20/06. (sr, ) (Entered: 04/20/2006)
04/25/2006
276 ORDER that the second supplemental declaration of
Claude Poulin w/exhibits filed by pltfs in support of thier motion
for partial summary judgment is stricken . Signed by Judge Ronald
J. Hedges on 4/24/06. (sr, ) (Entered: 04/25/2006)
04/26/2006
Set Deadline as to 273 MOTION for Reconsideration re 263
Opinion, 264 Order on Motion for Summary Judgment,. Motion Hearing
set for 5/22/2006 before Judge Jose L. Linares. (PLEASE BE ADVISED
THAT THIS MTOION WILL BE DECIDED ON THE PAPERS UNLESS OTHERWISE NOTIFIED
BY THE COURT) (sr, ) (Entered: 04/26/2006)
04/26/2006
277 BRIEF of Defendants in Opposition to Plaintiffs' Motion
(re 273) for Reconsideration of Summary Judgment Decision on the
Third, Sixth, and Seventh Claims for Relief filed by AT&T, AT&T
MANAGEMENT PENSION PLAN. (Attachments: # 1 Certificate of Service)(MILLS,
CHRISTOPHER) (Entered: 04/26/2006)
04/26/2006
278 DECLARATION of Stephen R. Bruce in Opposition to Request
That Judicial Notice Be Taken of Uncertified Charts and Calculations
re 268 Brief in Opposition to Motion,,, 267 MOTION for Partial Summary
Judgment on Tenth and Twelfth Claims for Relief by PHILLIP C. ENGERS,
WARREN J. MCFALL, DONALD G. individually and on behalf of all others
similarly situated,, GERALD SMIT. (Attachments: # 1 Notice of Substitute
Filing# 2 Certificate of Service)(NIRENBERG, JONATHAN) (Entered:
04/26/2006)
05/11/2006
Judge Claire C. Cecchi added. (nc, ) (Entered: 05/11/2006)
05/11/2006
279
BRIEF in Opposition re 267 MOTION for Partial Summary Judgment on
Tenth and Twelfth Claims for Relief of plaintiffs filed by AT&T,
AT&T MANAGEMENT PENSION PLAN. (Attachments: # 1 Defendants' Supplemental
Response to Plaintiffs' Rule 56.1 Statement of Material Facts# 2
Certificate of Service)(MILLS, CHRISTOPHER) (Entered: 05/11/2006)
05/11/2006
280
REPLY to Response to Motion re 260 MOTION to Dismiss Under Fed.R.Civ.P.
12(c) - Partial Dismissal of Fourth Amended Complaint -- Brief in
reply to plaintiffs' opposition (docket entry number 268) and in
further support of defendants' motion to dismiss, filed by AT&T,
AT&T MANAGEMENT PENSION PLAN. (Attachments: # 1 Defendants' Supplemental
Response to Plaintiffs' Rule 56.1 Statement of Material Facts# 2
Certificate of Service)(MILLS, CHRISTOPHER) (Entered: 05/11/2006)
05/15/2006
Case reassigned to Judge Claire C. Cecchi. Judge Ronald J. Hedges
no longer assigned to the case. (Entered: 05/15/2006)
05/17/2006
281
MOTION for Extension of Time to File Response/Reply as to 267 MOTION for Partial
Summary Judgment on Tenth and Twelfth Claims for Relief by PHILLIP C. ENGERS,
WARREN J. MCFALL, DONALD G. individually and on behalf of all others similarly
situated,, GERALD SMIT. (Attachments: # 1 Text of Proposed Order # 2 Certificate
of Service)(NIRENBERG, JONATHAN) (Entered: 05/17/2006)
05/18/2006
Set Deadline as to 281 MOTION for Extension of Time to File Response/Reply as
to 267 MOTION for Partial Summary Judgment on Tenth and Twelfth Claims for Relief.
Motion Hearing set for 6/12/2006 before Judge Jose L. Linares. (please be advised
that this motion will be decided on the papers unless otherwise notified by the
court) (sr, ) (Entered: 05/18/2006)
05/24/2006
282
RESPONSE to Motion re 281 MOTION for Extension of Time to File Response/Reply
as to 267 MOTION for Partial Summary Judgment on Tenth and Twelfth Claims for
Relief (Defendants' Brief in Response to Plaintiffs' "Unopposed" Motion
for Extension of Time to File Reply) filed by AT&T, AT&T MANAGEMENT PENSION
PLAN. (Attachments: # 1 Certification of Christopher H. Mills# 2 Certificate
of Service)(MILLS, CHRISTOPHER) (Entered: 05/24/2006)
05/26/2006
283
ORDER granting 281 Motion for Extension of Time to File Response/Reply . Signed
by Judge Jose L. Linares on 5/25/06. (sr, ) (Entered: 05/26/2006)
06/05/2006
284
REPLY to Response to Motion re 267 MOTION for Partial Summary Judgment
on Tenth and Twelfth Claims for Relief filed by PHILLIP C. ENGERS,
WARREN J. MCFALL, DONALD G. individually and on behalf of all others
similarly situated,, GERALD SMIT. (Attachments: # 1 Certificate of
Service)(NIRENBERG, JONATHAN) (Entered: 06/05/2006)
07/10/2006
285
ORDER REASSIGNING CASE. Case reassigned to Judge Stanley R. Chesler
for all further proceedings. Judge Jose L. Linares no longer assigned
to case. Signed by Judge Garrett E. Brown, Jr. on 7/5/06. (sr, )
(Entered: 07/12/2006)
07/17/2006
Set/Reset Scheduling Order Deadlines: Status/SETTLEMENT Conference
set for 7/26/2006 10:00 AM before Judge Stanley R. Chesler-COUNSEL
SHALL REPORT TO THE WHIPPLE ATTORNEY CONFERENCE ROOM LOCATED ON THE
4TH FLOOR OF THE US COURTHOUSE AND PO BUILDING, NEWARK, NEW JERSEY;COUNSEL
MUST HAVE FULL SETTLEMENT AUTHORITY;CLIENTS MUST BE AVAILABLE BY
PHONE OR IN PERSON. THIS CONFERENCE DOES NOT OBVIATE COUNSEL'S OBLIGATION
TO ATTEND ANY PREVIOUSLY SCHEDULED CONFERENCES WITH THE MAGISTRATE
JUDGE ASSIGNED TO THIS MATTER; COUNSEL SHALL SUBMIT TO THE COURT
A LETTER STATING ALL RELEVANT FACTS, ISSUES AND SETTLEMENT DEMAND.
ALL LETTERS REGARDING THIS INFORMATION SHALL BE MAILED DIRECTLY TO
CHAMBERS 2 DAYS PRIOR TO THE SCHEDULED DATE. (tt, ) (Entered: 07/17/2006)
08/01/2006
Set/Reset Scheduling Order Deadlines: Status Conference set for 8/24/2006
10:00 AM before Judge Stanley R. Chesler. COUNSEL MUST HAVE FULL
SETTLEMENT AUTHORITY;CLIENTS AVAILABLE BY PHONE OR IN PERSON;ALL
PARTIES ARE TO REPORT TO THE WHIPPLE ATTORNEY CONFERENCE ROOM, LOCATED
ON THE 4TH FLOOR OF THE U.S. COURTHOUSE AND P.O. BUILDING, NEWARK,
NEW JERSEY. PARTIES SHALL SUBMIT TO THE COURT A LETTER STATING ALL
RELEVANT FACTS ANDISSUES PENDING ALONG WITH ANY SETTLEMENT DEMAND.
PARTIES SHALL FAX THIS LETTER DIRECTLY TO CHAMBERS. (tt, ) (Entered:
08/01/2006)
08/22/2006
RESCHEDULED SETTLEMENT CONFERENCE/ Status Conference set for 9/21/2006
11:30 AM before Judge Stanley R. Chesler. COUNSEL WITH FULL SETTLEMENT
AUTHORITY SHALL APPEAR; CLIENTS AVAILABLE BY PHONE OR IN PERSON;
COUNSEL SHALL REPORT TO THE WHIPPLE ATTORNEY CONFERENCE ROOM LOCATED
ON THE 4TH FLOOR OF THE US COURTHOUSE AND PO BUILDING, NEWARK; COUNSEL
SHALL SUBMIT VIA FAX TO CHAMBERS A LETTER STATING ALL RELEVANT FACTS,
ISSUES AND SETTLEMENT DEMAND 2 DAYS PRIOR TO THE SCHEDULED CONFERENCE
DATE; ANY CONFERENCE SCHEDULED BEFORE JUDGE CHESLER DOES NOT OBVIATE
COUNSEL'S REQUIREMENT TO APPEAR FOR ANY SCHEDULED MATTERS BEFORE
THE MAGISTRATE (tt, ) (Entered: 08/22/2006)
09/21/2006
286
Minute Entry for proceedings held before Judge Stanley R. Chesler
: Status Conference held on 9/21/2006. (tt, ) (Entered: 09/21/2006)
09/27/2006
287
MOTION for Reconsideration re [79] Order,,, 62 Order,, by PHILLIP C. ENGERS,
WARREN J. MCFALL, DONALD G. individually and on behalf of all others similarly
situated,, GERALD SMIT. (Attachments: # 1 Brief # 2 Exhibit A# 3 Exhibit B# 4
Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Text of Proposed Order # 8 Certificate
of Service)(NIRENBERG, JONATHAN) (Entered: 09/27/2006)
10/06/2006
288
BRIEF in Opposition re 287 MOTION for Reconsideration re [79] Order,,,
62 Order,, filed by AT&T, AT&T MANAGEMENT PENSION PLAN. (Attachments:
# 1 Certification of Christopher H. Mills# 2 Certificate of Service)(MILLS,
CHRISTOPHER) (Entered: 10/06/2006)
10/10/2006
Set Deadlines as to 287 MOTION for Reconsideration re [79]
Order, 62 Order Motion Hearing set for 10/23/2006 before Judge Stanley
R. Chesler. (PLEASE BE ADVISED THAT THIS MOTION WILL BE DECIDED ON
THE PAPERS UNLESS OTHERWISE NOTIFIED BY THE COURT) (sr, ) (Entered:
10/10/2006)
11/20/2006
289
OPINION fld.. Signed by Judge Jose L. Linares on 11/15/06. (sr, )
(Entered: 11/20/2006)
11/20/2006
290
ORDER granting 265 Motion to Amend/Correct, denying 273 Motion for
Reconsideration . Signed by Judge Jose L. Linares on 11/17/06. (sr,
) (Entered: 11/20/2006)
11/20/2006
291
AMENDED ORDER granting 207 MOTION for Summary Judgment filed by AT&T,,
AT&T MANAGEMENT PENSION PLAN,, denying 205 MOTION for Summary
Judgment filed by PHILLIP C. ENGERS,, WARREN J. MCFALL,, DONALD G.
individually and on behalf of all others similarly situated,,, GERALD
SMIT, & that the dismissal of Count Six of the Fourth Amended
Complt. is clarified as dismissed w/prejudice. Signed by Judge Jose
L. Linares on 11/17/06. (sr, ) (Entered: 11/20/2006)
12/05/2006
292
Letter from Stephen R. Bruce on Exhaustion
