|
 |
DOCKET: 1:04-cv-02686-WDM-CBS Current as of 4/29/2008
04/28/2008
229
BRIEF in Opposition re 220 MOTION for Partial Summary
Judgment (On ADEA Claim for Failure to File a Timely Charge of Discrimination)
filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D, # 5 Exhibit E, # 6 Exhibit F)(Bruce, Stephen) (Entered: 04/28/2008)
04/28/2008
228
MINUTE ORDER IT IS ORDERED that the court will adopt the
proposed deadlines to oversee discovery during the pendency of and following
the rulings on the pending dispositive motions. Withdrawing Without Prejudice
208 Pla's Renewed Motion to Compel; Withdrawing Without Prejudice 214
Motion for Sanctions, by Magistrate Judge Craig B Shaffer on 4/28/08.(erv,
) (Entered: 04/28/2008)
04/22/2008
227
Proposed Scheduling Order (Joint Proposal on Bifurcating
Discovery) by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs
Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen)
(Entered: 04/22/2008)
04/22/2008
226
BRIEF in Opposition re 218 MOTION for Reconsideration
re 213 Order on Motion to Certify Class, Order on Motion for Judgment,
Order on Motion for Leave, Order on Motion to Strike,,,,,,,,,,,,,,,,
MOTION for Reconsideration re 213 Order on Motion to Certify Class, Order
on Motion for Judgment, Order on Motion for Leave, Order on Motion to
Strike,,,,,,,,,,,,,,,, filed by Defendants El Paso Corporation, El Paso
Pension Plan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhibit D)(Nadel, Darren) (Entered: 04/22/2008)
04/17/2008
225
AMENDED Minute Entry for proceedings held before Magistrate
Judge Craig B Shaffer: Amended re 224 Discovery Hearing. The parties
shall submit a joint proposal to the court outlining the discovery that
they believe should go forward during the pendency of the outstanding
dispositive motions, and the discovery they want to do following rulings
on the pending dispositive motions by April 22, 2008. (Court Reporter
FTR-Ben Van Dyke.) (sah, ) (Entered: 04/21/2008)
04/17/2008
224
Courtroom Minutes/Minute Order for proceedings held before
Magistrate Judge Craig B Shaffer. Discovery Conference held on 4/17/2008:
The parties shall submit a joint proposal to the court outlining the
discovery that they believe should go forward during the pendency of
the outstanding dispositive motions, and the discovery they want to do
following rulings on the pending dispositive motions by 4/22/2007. (Court
Reporter FTR - Ben Van Dyke) (cbscd) (Entered: 04/17/2008)
04/16/2008
223
Courtroom Minutes/Minute Order for proceedings held before
Magistrate Judge Craig B Shaffer. Motion Hearing held on 4/16/2008: Counsel
discuss their discovery agreements and remaining discovery issues with
the court. (Court Reporter FTR - Ben Van Dyke) (cbscd) (Entered: 04/17/2008)
04/14/2008
222
RESPONSE to Motion re 214 Renewed MOTION for Sanctions
for Non-Compliance with August 31, 2007 Order filed by Defendants El
Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit Declaration
of Todd Flessner, # 2 Exhibit Declaration of Darren Nadel, # 3 Exhibit
Declaration of Christopher Rillo, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit
C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11
Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit
L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, #
20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T)(Rillo,
Christopher) (Entered: 04/14/2008)
04/14/2008
221
BRIEF in Support re 220 MOTION for Partial Summary Judgment
(On ADEA Claim for Failure to File a Timely Charge of Discrimination)
filed by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments:
# 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit
5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit
10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14,
# 15 Exhibit 15)(Nadel, Darren) (Entered: 04/14/2008)
04/14/2008
220
MOTION for Partial Summary Judgment (On ADEA Claim for
Failure to File a Timely Charge of Discrimination) by Defendants El Paso
Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered: 04/14/2008)
04/11/2008
219
REPLY to Response to Motion re 208 MOTION to Compel Responses
to Deposition Questions and For Sanctions (In Support of) filed by Defendants
El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered:
04/11/2008)
04/02/2008
218
MOTION for Reconsideration re 213 Order on Motion to Certify
Class, Order on Motion for Judgment, Order on Motion for Leave, Order
on Motion to Strike,,,,,,,,,,,,,,,, by Plaintiffs Wayne Tomlinson, Alice
Ballesteros, Gary Muckelroy. (Attachments: # 1 Memorandum in Support,
# 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order (PDF
Only))(Bruce, Stephen) (Entered: 04/02/2008)
03/28/2008
217
NOTICE of Amendment of Collective Action Definition in
Compliance with Order (Dkt. #213) by Plaintiffs Wayne Tomlinson, Alice
Ballesteros, Gary Muckelroy (Bruce, Stephen) (Entered: 03/28/2008)
03/27/2008
216
BRIEF in Opposition re 208 MOTION to Compel Responses
to Deposition Questions and For Sanctions filed by Plaintiffs Wayne Tomlinson,
Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Exhibit 1, # 2 Exhibit
2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit
7, # 8 Exhibit 8)(Bruce, Stephen) (Entered: 03/27/2008)
03/25/2008
215
MEMORANDUM regarding 214 Renewed MOTION for Sanctions
for Non-Compliance with August 31, 2007 Order filed by Alice Ballesteros,
Wayne Tomlinson, Gary Muckelroy. Motions referred to Magistrate Judge
Craig B Shaffer by Judge Walker D. Miller on 3/25/08. (Text Only Entry
- No Document Attached)(wdmsec, ) (Entered: 03/25/2008)
03/24/2008
214
Renewed MOTION for Sanctions for Non-Compliance with August
31, 2007 Order by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary
Muckelroy. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, #
3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit
6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12
Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit
15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Proposed
Order (PDF Only))(Bruce, Stephen) (Entered: 03/24/2008)
03/19/2008
213
ORDER granting in part and denying in part 128 Motion
for Judgment on the Pleadings, Plaintiffs' Claims II and IV are dismissed
for failure to state a claim, Plaintiffs' Claim I and V remain pending;
granting in part and denying in part 107 Plaintiffs Motion to Certify
Class and Conditional Approval of ADEA Collective Action, Plaintiffs
are entitled to conditional approval of their ADEA collective action,
Defendants shall file a limited motion for summary judgment, Plaintiffs
may file a response brief on or before 4/28/2008, No reply brief shall
be filed. Plaintiffs' motion for class certification (Claim V) is DENIED
without PREJUDICE; Plaintiffs shall file a notice amending their class
definition on or before 3/31/2008; denying as moot 130 Defendants' motion
to File the Declaration of Kevin Minor; granting in part and denying
in part 141 Defendants Motion to Strike New Arguments Raised in Plaintiffs
Reply. The motion is denied to the extent it seeks to preclude Plaintiff's
proposed amended class definition. The motion is granted to the extent
it seeks to preclude recovery by Plaintiffs. Signed by Judge Walker D.
Miller on 03/19/2008.(sah2, ) (Entered: 03/19/2008)
03/14/2008
212
RESPONSE to 205 Notice (Other), 204 Notice (Other) (Defendants'
Response to Plaintiffs' Statement of Supplemental Authority Related to
Motion for Class Certification and Approval of ADEA Collective Action
by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments:
# 1 Exhibit A, # 2 Exhibit B)(Nadel, Darren) (Entered: 03/14/2008)
03/12/2008
211
Courtroom Minutes/Minute Order for proceedings held before
Magistrate Judge Craig B Shaffer. Telephonic Discovery Conference held
on 3/12/2008: Plaintiffs' counsel shall either amend their general objection
of produce a privilege log by 3/17/2008. Signed verifications of interrogatory
responses shall be provided by 3/17/2008. (Court Reporter FTR - Ben Van
Dyke) (cbscd) (Entered: 03/12/2008)
03/06/2008
210
MINUTE ORDER, A Motion Hearing set for 4/16/2008 01:30
PM in Courtroom A 402 in re: 208 to Defendants Motion to Compel Responses
to Deposition Questions and For Sanctions by Magistrate Judge Craig B
Shaffer on 03/06/2008. (sah, ) (Entered: 03/06/2008)
03/04/2008
209
MEMORANDUM regarding 208 MOTION to Compel Responses to
Deposition Questions and For Sanctions filed by El Paso Corporation,
El Paso Pension Plan. Motions referred to Magistrate Judge Craig B Shaffer
by Judge Walker D. Miller on 3/4/08. (Text Only Entry - No Document Attached)(wdmsec,
) (Entered: 03/04/2008)
03/04/2008
208
MOTION to Compel Responses to Deposition Questions and
For Sanctions by Defendants El Paso Corporation, El Paso Pension Plan.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D, # 5 Exhibit E, # 6 Exhibit F)(Nadel, Darren) (Entered: 03/04/2008)
02/29/2008
207
Docket Annotation re: 206 Notice (Other). Docket entry
modified to remove system-generated duplicate text. Text only entry -
no document attached (sss, ) (Entered: 02/29/2008)
02/27/2008
206
NOTICE re 128 MOTION for Judgment On the Pleadings Pursuant
to Federal Rule of Civil Procedure 12(C) by Defendants El Paso Corporation,
El Paso Pension Plan (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C)(Rillo, Christopher) Modified on 2/29/2008 to remove system-generated
duplicate text (sss, ). (Entered: 02/27/2008)
02/12/2008
205
NOTICE re 134 Brief in Opposition to Motion, of Supplemental
Authority by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy
(Bruce, Stephen) (Entered: 02/12/2008)
02/12/2008
204
NOTICE re 107 MOTION to Certify Class and Approve ADEA
Action of Supplemental Authority by Plaintiffs Wayne Tomlinson, Alice
Ballesteros, Gary Muckelroy (Bruce, Stephen) (Entered: 02/12/2008)
02/07/2008
203
Minute ORDER granting 201 Motion for Leave to Withdraw
Thomas J. Burke as counsel for Mercer Human Resources Consulting, Inc.,
by Magistrate Judge Craig B Shaffer on 02/07/2008.(sah2, ) (Entered:
02/07/2008)
02/06/2008
202
MEMORANDUM regarding 201 MOTION for Leave to Withdraw
as Counsel filed by Mercer Human Resource Consulting, Inc.. Motions referred
to Magistrate Judge Craig B Shaffer by Judge Walker D. Miller on 2/6/08.
(Text Only Entry - No Document Attached)(wdmsec, ) (Entered: 02/06/2008)
02/06/2008
201
MOTION for Leave to Withdraw as Counsel by Interested
Party Mercer Human Resource Consulting, Inc.. (Attachments: # 1 Proposed
Order (PDF Only))(Burke, Thomas) (Entered: 02/06/2008)
01/31/2008
200
AMENDED SCHEDULING ORDER: Discovery due by 6/16/2008.
Dispositive Motions due by 7/14/2008. Final Pretrial Conference set for
10/30/2008 09:15 AM before Magistrate Judge Craig B Shaffer. Signed by
Magistrate Judge Craig B Shaffer on 01/31/2008. (sah2, ) (Entered: 02/01/2008)
01/31/2008
199
Courtroom Minutes/Minute Order for proceedings held before
Magistrate Judge Craig B Shaffer. Status/Scheduling Conference held on
1/31/2008: Discovery due by 6/16/2008; Dispositive Motions due by 7/14/2008;
Final Pretrial Conference reset for 10/30/2008 at 9:15 a.m. in Courtroom
A 402 before Magistrate Judge Craig B Shaffer. (Court Reporter FTR -
Ben Van Dyke) (cbscd) (Entered: 01/31/2008)
01/29/2008
198
Courtroom Minutes/Minute Order for proceedings held before
Magistrate Judge Craig B Shaffer. Telephonic Discovery Conference held
on 1/29/2008: The defendants may file a motion to compel regarding the
deposition of Wayne Tomlinson. (Court Reporter FTR - Ben Van Dyke) (cbscd)
(Entered: 01/29/2008)
01/28/2008
197
Proposed Scheduling Order (Amended) by Plaintiffs Wayne
Tomlinson, Alice Ballesteros, Gary Muckelroy. (Roseman, Barry) (Entered:
01/28/2008)
01/28/2008
196
Proposed Scheduling Order (Joint Case Report) by Plaintiffs
Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Roseman, Barry)
(Entered: 01/28/2008)
01/23/2008
195
Courtroom Minutes/Minute Order for proceedings held before
Magistrate Judge Craig B Shaffer: Telephonic Status Conference held on
1/23/2008: Status/Scheduling Conference set for 1/31/2008 at 1:30 p.m.
in Courtroom A 402 before Magistrate Judge Craig B Shaffer. (Court Reporter
FTR - Ben Van Dyke) (cbscd) (Entered: 01/23/2008)
01/11/2008
194
MINUTE ORDER Reseting Hearings: Per the unopposed telephonic
request made by counsel, this will confirm that the Telephonic Status
Conference is reset to 1/23/2008 at 10:00 a.m. before Magistrate Judge
Craig B. Shaffer. Counsel shall create a conference call, then contact
the Court at (303) 844-2117 to participate in the hearing. By Magistrate
Judge Shaffer on 1/11/08. (Text only entry - no document attached)(cbssec)
(Entered: 01/11/2008)
01/10/2008
193
MINUTE ORDER Setting Hearing: Upon review of the status
reports submitted by counsel, it is ORDERED that a Telephonic Status
Conference is set for 1/17/2008 at 3:30 p.m. before Magistrate Judge
Craig B Shaffer. Counsel shall create a conference call, then contact
the Court at (303) 844-2117 to participate in the hearing, by Magistrate
Judge Craig B Shaffer on 1/10/08. (Text Only Entry - no document attached)
(cbssec) (Entered: 01/10/2008)
01/04/2008
192
STATUS REPORT by Defendants El Paso Corporation, El Paso
Pension Plan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kirkpatrick,
Joshua) (Entered: 01/04/2008)
01/04/2008
191
MINUTE ORDER granting the Joint 187 Motion for Extension
of Time to File Joint Report. The deadline is extended to 1/4/08, by
Magistrate Judge Craig B Shaffer on 1/4/08.(mrs, ) (Entered: 01/04/2008)
01/04/2008
190
NOTICE of Entry of Appearance by Melissa A. Monheim on
behalf of El Paso Corporation, El Paso Pension Plan (Monheim, Melissa)
(Entered: 01/04/2008)
01/04/2008
189
NOTICE of Entry of Appearance by Joshua B. Kirkpatrick
on behalf of El Paso Corporation, El Paso Pension Plan (Kirkpatrick,
Joshua) (Entered: 01/04/2008)
01/04/2008
188
MEMORANDUM regarding 187 Joint MOTION For Extension of
Time to File Joint Report. Motions referred to Magistrate Judge Craig
B Shaffer by Judge Walker D. Miller on 1/4/08. (Text Only Entry - No
Document Attached)(dln, ) (Entered: 01/04/2008)
01/03/2008
187
Joint MOTION For Extension of Time to File Joint Report
by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne
Tomlinson, Alice Ballesteros, Gary Muckelroy. (Nadel, Darren) (Entered:
01/03/2008)
12/17/2007
186
MINUTE ORDER granting Unopposed 182 Motion to Withdraw
as Counsel of Record. Attorney Jill M. Brady terminated, by Magistrate
Judge Craig B Shaffer on 12/17/07.(sss, ) (Entered: 12/18/2007)
12/17/2007
185
MEMORANDUM regarding 182 Unopposed MOTION to Withdraw
as Attorney filed by El Paso Corporation, El Paso Pension Plan. (Text
Only Entry - No Document Attached)Motions referred to Magistrate Judge
Craig B Shaffer by Judge Walker D. Miller on 12/17/07. (wdmsec, ) (Entered:
12/17/2007)
12/17/2007
184
MEMORANDUM regarding 182 Unopposed MOTION to Withdraw
as Attorney by Defendants. Motions referred to Magistrate Judge Craig
B Shaffer by Judge Walker D. Miller on 12/17/07. (Text Only Entry - No
Document Attached)(dln, ) (Entered: 12/17/2007)
12/17/2007
183
Minute Entry for proceedings held before Magistrate Judge
Craig B Shaffer: Telephonic Status Conference held on 12/17/2007. Status
Report due by 1/3/2008. (Court Reporter FTR - Valerie Barnes.) (sss,
) (Entered: 12/17/2007)
12/17/2007
182
Unopposed MOTION to Withdraw as Attorney by Defendants
El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed
Order (PDF Only) Proposed Order)(Nadel, Darren) (Entered: 12/17/2007)
12/13/2007
181
MINUTE ORDER that a Telephonic Status Conference is set
for 12/17/2007 08:30 AM before Magistrate Judge Craig B Shaffer, by Magistrate
Judge Craig B Shaffer on 12/13/07. (lam, ) (Entered: 12/13/2007)
11/30/2007
180
Minute Entry for proceedings held before Magistrate Judge
Craig B Shaffer: withdrawing 170 Motion for Sanctions; Telephonic Status
Conference held on 11/30/2007. (Court Reporter FTR Valeri Barnes.) (erv,
) (Entered: 11/30/2007)
11/26/2007
179
NOTICE re 170 MOTION for Sanctions for Non-Compliance
with Magistrate Judge Hegarty's August 31, 2007 Order by Plaintiffs Wayne
Tomlinson, Alice Ballesteros, Gary Muckelroy (Bruce, Stephen) (Entered:
11/26/2007)
11/26/2007
178
MINUTE ORDER: Telephonic Status Conference set for 11/30/2007
10:00 AM before Magistrate Judge Craig B Shaffer by Magistrate Judge
Craig B Shaffer on 11/26/07. (dln, ) (Entered: 11/26/2007)
11/15/2007
177
Minute Entry for proceedings held before Magistrate Judge
Craig B Shaffer: Settlement Conference held on 11/15/2007. (Court Reporter
No Record Made.) (dln, ) (Entered: 11/16/2007)
11/12/2007
176
BRIEF in Opposition re 170 MOTION for Sanctions for Non-Compliance
with Magistrate Judge Hegarty's August 31, 2007 Order filed by Defendants
El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Declaration
of De'Anne H. Hite, # 2 Declaration of Todd Flessner, # 3 Declaration
of Christopher J. Rillo, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C,
# 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit
H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, #
16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O)(Rillo, Christopher) (Entered:
11/12/2007)
11/09/2007
175
Minute ORDER granting 173 Unopposed MOTION for Leave to
Allow Insurance Representatives to Attend Settlement Conference by Telephone
by Defendants by Magistrate Judge Craig B Shaffer on 11/9/07.(dln, )
(Entered: 11/09/2007)
11/08/2007
174
MEMORANDUM regarding 173 Unopposed MOTION for Leave to
Allow Insurance Representatives to Attend Settlement Conference by Telephone
filed by El Paso Corporation, El Paso Pension Plan. (Text Only Entry
- No Document Attached)Motions referred to Magistrate Judge Craig B Shaffer
by Judge Walker D. Miller on 11/8/07. (wdmsec, ) (Entered: 11/08/2007)
11/07/2007
173
Unopposed MOTION for Leave to Allow Insurance Representatives
to Attend Settlement Conference by Telephone by Defendants El Paso Corporation,
El Paso Pension Plan. (Rillo, Christopher) (Entered: 11/07/2007)
11/02/2007
172
MINUTE ORDER re: 170 MOTION for Sanctions for Non-Compliance
with Magistrate Judge Hegarty's August 31, 2007 Order by Plaintiffs.
Defendants' response due by 11/12/07 by Magistrate Judge Craig B Shaffer
on 11/2/07. (dln, ) (Entered: 11/02/2007)
10/31/2007
171
MEMORANDUM regarding 170 MOTION for Sanctions for Non-Compliance
with Magistrate Judge Hegarty's August 31, 2007 Order filed by Alice
Ballesteros, Wayne Tomlinson, Gary Muckelroy. (Text Only Entry - No Document
Attached)Motions referred to Magistrate Judge Craig B Shaffer by Judge
Walker D. Miller on 10/31/07. (wdmsec, ) (Entered: 10/31/2007)
10/30/2007
170
MOTION for Sanctions for Non-Compliance with Magistrate
Judge Hegarty's August 31, 2007 Order by Plaintiffs Wayne Tomlinson,
Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Memorandum in Support,
# 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit
5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11
Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit
14, # 16 Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 10/30/2007)
09/14/2007
169
TRANSCRIPT of Motions Hearing held on 8-9-07 before Magistrate Judge Hegarty.
Pages: 1-20. Per statute, copies of transcripts are available for inspection
in the clerk's office. Parties interested in a copy may contact the court reporter
or, in the case of a transcript prepared from a digital-audio taped record, the
courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered:
09/14/2007)
09/11/2007
168
MINUTE ORDER: Settlement Conference set for 11/15/2007 03:30 PM in Courtroom
A 402 before Magistrate Judge Craig B Shaffer., Final Pretrial Conference set
for 4/16/2008 09:30 AM before Magistrate Judge Craig B Shaffer by Magistrate
Judge Craig B Shaffer on 9/11/07. (dln, ) (Entered: 09/11/2007)
09/11/2007
167
RESPONSE to 164 Notice (Other), Notice (Other) of Supplemental Authority re 128
Motion for Judgment on Pleadings by Plaintiffs Wayne Tomlinson, Alice Ballesteros,
Gary Muckelroy. (Bruce, Stephen) (Entered: 09/11/2007)
09/10/2007
166
LETTER REASSIGNING CASE per Order of Recusal 9/10/2007. Case reassigned to Judge
Craig B Shaffer for all further proceedings. Judge Michael E. Hegarty is no longer
assigned to case. (llr, ) (Entered: 09/10/2007)
09/10/2007
165
ORDER of Recusal. Clerk is directed to reassign this matter by random draw to
another Magistrate Judge. Signed by Magistrate Judge Michael E. Hegarty on 9/10/2007.
(llr, ) (Entered: 09/10/2007)
09/07/2007
164
NOTICE re 128 MOTION for Judgment On the Pleadings Pursuant to Federal Rule of
Civil Procedure 12(C) MOTION for Judgment On the Pleadings Pursuant to Federal
Rule of Civil Procedure 12(C) of Supplemental Authority by Defendants El Paso
Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit Wheeler v. Boeing)(Rillo,
Christopher) (Entered: 09/07/2007)
09/03/2007
163
NOTICE of Change of Address by Barry Douglas Roseman (Roseman, Barry) (Entered:
09/03/2007)
08/31/2007
162
Utility Setting/Resetting Deadlines/Hearings: Discovery due by 1/31/2008, Dispositive
Motions due by 3/3/2008, Proposed Pretrial Order due by 4/9/2008, Final Pretrial
Conference set for 4/16/2008 09:30 AM before Magistrate Judge Michael E. Hegarty
pursuant to Order dated 8/31/07. Text only entry - no document attached. (mrs,
) (Entered: 08/31/2007)
08/31/2007
161
ORDER Plaintiffs' 146 Motion to Compel Production is GRANTED. Defendants must
provide the information and/or documents by 9/30/07. The Unopposed Renewed 143
Motion to Amend Scheduling Order to Extend Time is GRANTED IN PART and DENIED
IN PART, Discovery cutoff 1/31/08, Dispositive motion deadline 3/3/08. Final
Pretrial Conference RESET to 4/16/08 at 9:30 AM, Proposed Pretrial Order due
no later than 4/9/08. Signed by Magistrate Judge Michael E. Hegarty on 8/31/07.(mrs,
) (Entered: 08/31/2007)
08/30/2007
160
SURREPLY re 146 MOTION to Compel Production filed by Defendants El Paso Corporation,
El Paso Pension Plan. (Rillo, Christopher) (Entered: 08/30/2007)
08/23/2007
159
MINUTE ORDER: re: 158 REPLY to Response to Motion re 146 MOTION to Compel
Production filed by Plaintiff. Defendants to provide supplemental briefing,
not to exceed vie pages by 08/30/2007 by Magistrate Judge Michael E.
Hegarty on 8/23/07. (dln, ) (Entered: 08/23/2007)
08/20/2007
158
REPLY to Response to Motion re 146 MOTION to Compel Production filed
by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments:
# 1 Exhibit 7# 2 Exhibit 8# 3 Exhibit 9# 4 Exhibit 10)(Bruce, Stephen)
(Entered: 08/20/2007)
08/15/2007
157
ORDER denying Unopposed 155 Motion for Extension of Time to Object to
Subpoena and Related Motion to Quash without prejudice. Signed by Magistrate
Judge Michael E. Hegarty on 8/15/07.(gms, ) (Entered: 08/15/2007)
08/14/2007
156
MEMORANDUM regarding 155 Unopposed MOTION For Extension of Time to Object
to Subpoena and Related Motion to Quash filed by Mercer Human Resource
Consulting, Inc.. (Text Only Entry - No Document Attached)Motions referred
to Magistrate Judge Michael E. Hegarty by Judge Walker D. Miller on 8/14/07.
(wdmsec, ) (Entered: 08/14/2007)
08/14/2007
155
Unopposed MOTION For Extension of Time to Object to Subpoena and Related
Motion to Quash by Interested Party Mercer Human Resource Consulting,
Inc.. (Attachments: # 1 Exhibit # 2 Proposed Order (PDF Only))(Burke,
Thomas) (Entered: 08/14/2007)
08/13/2007
154
Docket Annotation re: 153 REPLY to Response to Motion re 141 MOTION to
Strike 131 Reply to Response to Motion, In Support of Motion for Class
Certification and Conditional Approval of ADEA Collective Action, or
in the Alternative, Motion for Leave to File Surreply in Response to
Plaintiffs' Reply filed by Defendants. [Entry modified to remove duplicate
text]. Text only entry - no document attached. (dln, ) (Entered: 08/13/2007)
08/10/2007
153
REPLY to Response to Motion re 141 MOTION to Strike 131 Reply to Response
to Motion, In Support of Motion for Class Certification and Conditional
Approval of ADEA Collective Action, or in the Alternative, Motion for
Leave to File Surreply in Response to Plaintiffs' Reply filed by Defendants
El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Modified
on 8/13/2007 to remove duplicate text) (dln, ). (Entered: 08/10/2007)
08/09/2007
152
Minute Entry for proceedings held before Judge Michael E. Hegarty : Motion
Hearing held on 8/9/2007. Taking under advisement 143 Unopposed MOTION
For Extension of Time to File Expert Reports by Plaintiffs. Plaintiffs
reply to dft's oral argument on Plaintiff's motion to complet due by
08/20/2007 (Court Reporter FTR - Valeri Barnes.) (dln, ) (Entered: 08/09/2007)
08/08/2007
151
RESPONSE to Motion re 146 MOTION to Compel Production filed by Defendants
El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit
A# 2 Exhibit B# 3 Exhibit # 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Nadel,
Darren) (Entered: 08/08/2007)
07/30/2007
150
MINUTE ORDER setting Motion Hearing for 8/9/2007 09:15 AM in Courtroom
C203 before Magistrate Judge Michael E. Hegarty by Magistrate Judge Michael
E. Hegarty on 07/30/07. (jjh, ) (Entered: 07/30/2007)
07/27/2007
149
Docket Annotation re: 148 BRIEF in Opposition re 141 MOTION to Strike
131 Reply to Response to Motion, In Support of Motion for Class Certification
and Conditional Approval of ADEA Collective Action, or in the Alternative,
Motion for Leave to File Surreply in Response to Plaintiffs' Reply filed
by Plaintiffs. [Entry modified to remove duplicate text]. Text only entry
- no document attached. (dln, ) (Entered: 07/27/2007)
07/26/2007
148
BRIEF in Opposition re 141 MOTION to Strike 131 Reply to Response to
Motion, In Support of Motion for Class Certification and Conditional
Approval of ADEA Collective Action, or in the Alternative, Motion for
Leave to File Surreply in Response to Plaintiffs' Reply filed by Plaintiffs
Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen)
(Modified on 7/27/2007 to remove duplicate text) (dln, ). (Entered: 07/26/2007)
07/24/2007
147
MEMORANDUM regarding 146 MOTION to Compel Production filed by Alice Ballesteros,
Wayne Tomlinson, Gary Muckelroy. (Text Only Entry - No Document Attached)Motions
referred to Magistrate Judge Michael E. Hegarty by Judge Walker D. Miller
on 7/24/07. (wdmsec, ) (Entered: 07/24/2007)
07/24/2007
146
MOTION to Compel Production by Plaintiffs Wayne Tomlinson, Alice Ballesteros,
Gary Muckelroy. (Attachments: # 1 Memorandum in Support# 2 Exhibit 1# 3 Exhibit
2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Proposed Order (PDF
Only))(Bruce, Stephen) (Entered: 07/24/2007)
07/20/2007
145
MINUTE ORDER: re: 143 Unopposed MOTION to Amend Scheduling Order to Extend
Time to File Expert Reports. Counsel of record are instructed to appear before
this Court IN PERSON for Hearing set for 7/31/2007 09:00 AM in Courtroom C203
before Magistrate Judge Michael E. Hegarty by Judge Michael E. Hegarty on 7/20/07.
(dln, ) (Entered: 07/20/2007)
07/18/2007
144
MEMORANDUM regarding 143 Unopposed MOTION For Extension of Time to File Expert
Reports filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. (Text
Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael
E. Hegarty by Judge Walker D. Miller on 7/18/07. (wdmsec, ) (Entered: 07/18/2007)
07/16/2007
143
Unopposed MOTION For Extension of Time to File Expert Reports by Plaintiffs
Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed
Order (PDF Only))(Bruce, Stephen) (Entered: 07/16/2007)
07/06/2007
142
REPLY to Response to Motion re 130 MOTION for Leave to File the Declaration
of Kevin Minor in Support of Defs' Opposition to Pltfs' Motion for Class Certification
and Conditional Approval of ADEA Collective Action, 107 MOTION to Certify Class
and Approve ADEA Action filed by Defendants El Paso Corporation, El Paso Pension
Plan. (Nadel, Darren) (Entered: 07/06/2007)
07/03/2007
141
MOTION to Strike 131 Reply to Response to Motion, In Support of Motion for
Class Certification and Conditional Approval of ADEA Collective Action, or
in the Alternative, Motion for Leave to File Surreply in Response to Plaintiffs'
Reply by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren)
(Entered: 07/03/2007)
07/02/2007
140
REPLY to Response to Motion re 128 MOTION for Judgment On the Pleadings Pursuant
to Federal Rule of Civil Procedure 12(C) filed by Defendants El Paso Corporation,
El Paso Pension Plan. (Attachments: # 1 Exhibit Part 1 to A# 2 Exhibit Part
2 to A# 3 Exhibit Part 3 to A# 4 Exhibit Part 4 to A# 5 Exhibit Part 5 to A#
6 Exhibit Part 6 to A)(Nadel, Darren) (Modified on 7/3/2007 to remove duplicate
text) (dln, ). (Entered: 07/02/2007)
07/02/2007
139
MINUTE ORDER denying without prejudice 136 MOTION For Extension of Time to
File Expert Reports by Plaintiffs by Magistrate Judge Michael E. Hegarty on
6/29/07.(dln, ) (Entered: 07/02/2007)
06/29/2007
138
RESPONSE to Motion re 136 MOTION For Extension of Time to File Expert Reports
filed by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren)
(Entered: 06/29/2007)
06/28/2007
137
MEMORANDUM regarding 136 MOTION For Extension of Time to File Expert
Reports filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy.
(Text Only Entry - No Document Attached)Motions referred to Magistrate
Judge Michael E. Hegarty by Judge Walker D. Miller on 6/28/07. (wdmsec,
) (Entered: 06/28/2007)
06/28/2007
136
MOTION For Extension of Time to File Expert Reports by Plaintiffs Wayne Tomlinson,
Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce,
Stephen) (Entered: 06/28/2007)
06/21/2007
135
BRIEF in Opposition re 130 MOTION for Leave to File the Declaration of Kevin
Minor in Support of Defs' Opposition to Pltfs' Motion for Class Certification
and Conditional Approval of ADEA Collective Action filed by Plaintiffs Wayne
Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Exhibit 14# 2
Exhibit 15# 3 Exhibit 16# 4 Exhibit 17# 5 Exhibit 18)(Bruce, Stephen) (Entered:
06/21/2007)
06/15/2007
134
BRIEF in Opposition re 128 MOTION for Judgment On the Pleadings Pursuant to Federal
Rule of Civil Procedure 12(C) MOTION for Judgment On the Pleadings Pursuant to
Federal Rule of Civil Procedure 12(C) (Revised Per 6/8/2007 Minute Order) filed
by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments:
# 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit
6)(Bruce, Stephen) (Entered: 06/15/2007)
06/08/2007
133
MINUTE ORDER: STRIKING 132 BRIEF in Opposition re 128 MOTION for Judgment On
the Pleadings Pursuant to Federal Rule of Civil Procedure 12(C) MOTION for Judgment
On the Pleadings Pursuant to Federal Rule of Civil Procedure 12(C) filed by Plaintiffs
by Judge Walker D. Miller on 6/8/07. (dln, ) (Entered: 06/08/2007)
06/01/2007
132
BRIEF in Opposition re 128 MOTION for Judgment On the Pleadings Pursuant
to Federal Rule of Civil Procedure 12(C) MOTION for Judgment On the Pleadings
Pursuant to Federal Rule of Civil Procedure 12(C) filed by Plaintiffs
Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1
Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit
6)(Bruce, Stephen) (Entered: 06/01/2007)
05/29/2007
131
REPLY to Response to Motion re 107 MOTION to Certify Class and Approve
ADEA Action filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary
Muckelroy. (Attachments: # 1 Exhibit 11# 2 Exhibit 12# 3 Exhibit 13#
4 Proposed Order (PDF Only) w/ ADEA Notice and Consent to Join Form)(Bruce,
Stephen) (Entered: 05/29/2007)
05/29/2007
130
MOTION for Leave to File the Declaration of Kevin Minor in Support of Defs' Opposition
to Pltfs' Motion for Class Certification and Conditional Approval of ADEA Collective
Action by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments:
# 1 Exhibit 1, Declaration of Minor# 2 Exhibit A to Declaration# 3 Exhibit B
to Declaration# 4 Exhibit C to Declaration# 5 Exhibit D to Declaration# 6 Exhibit
E to Declaration# 7 Exhibit F to Declaration)(Brady, Jill) (Entered: 05/29/2007)
05/09/2007
129
NOTICE re 128 MOTION for Judgment On the Pleadings Pursuant to Federal Rule of
Civil Procedure 12(C) MOTION for Judgment On the Pleadings Pursuant to Federal
Rule of Civil Procedure 12(C) by Defendants El Paso Corporation, El Paso Pension
Plan (Attachments: # 1 Exhibit Richards# 2 Exhibit Richards)(Nadel, Darren) (Entered:
05/09/2007)
05/09/2007
128
MOTION for Judgment On the Pleadings Pursuant to Federal Rule of Civil Procedure
12(C) by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments:
# 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C, Part 1# 4 Exhibit
Exhibit C, Part 2# 5 Exhibit Exhibit C, Part 3)(Nadel, Darren) (Entered: 05/09/2007)
05/09/2007
127
NOTICE re 126 Brief in Opposition to Motion For Class Certification and Conditional
Approval of ADEA Collective Action by Defendants El Paso Corporation, El Paso
Pension Plan (Attachments: # 1 Exhibit amara# 2 Exhibit Britton# 3 Exhibit Post#
4 # 5 Exhibit Thiebes)(Nadel, Darren) (Entered: 05/09/2007)
05/09/2007
126
BRIEF in Opposition re 107 MOTION to Certify Class and Approve ADEA Action filed
by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered:
05/09/2007)
04/16/2007
125
Defendants' ANSWER to Complaint by El Paso Corporation, El Paso Pension Plan.(Rillo,
Christopher) (Entered: 04/16/2007)
04/13/2007
124
MINUTE ORDER granting to 05/09/2007 119 Amended Joint Motion for extension
of time to Respond/Reply to 107 MOTION to Certify Class and Approve ADEA Action
And to Amend Scheduling Order by Defendants. Plaintiff's expert reports by
06/29/2007; Defendants' expert reports by 08/29/2007 by Magistrate Judge Michael
E. Hegarty on 4/13/07.(dln, ) (Entered: 04/13/2007)
04/10/2007
123
Docket Annotation: Motion(s) No Longer Referred: 119 Amended Joint Motion for
extension of time to Respond/Reply to 107 MOTION to Certify Class and Approve
ADEA Action And to Amend Scheduling Order by Defendants. [Only the portion
relating to the Scheduling Order is referred to Magistrate Judge Hegarty for
ruling]. Text only entry - no document attached. (dln, ) (Entered: 04/10/2007)
04/10/2007
122
MEMORANDUM regarding 119 MOTION for Extension of Time to File Response/Reply
filed by El Paso Corporation, El Paso Pension Plan, Alice Ballesteros, Wayne
Tomlinson, Gary Muckelroy. (Text Only Entry - No Document Attached)Motions
referred to Magistrate Judge Michael E. Hegarty by Judge Walker D. Miller on
4/10/07. (wdmsec, ) (Entered: 04/10/2007)
04/10/2007
121
Docket Annotation re: 119 Amended Joint Motion for extension of time to Respond/Reply
to 107 MOTION to Certify Class and Approve ADEA Action And to Amend Scheduling
Order. [Entry modified to correct linkage and remove duplicate text]. Text
only entry - no document attached. (dln, ) (Entered: 04/10/2007)
04/10/2007 120 MINUTE ORDER denying as moot 117 Joint MOTION for Extension
of Time to File Response/Reply as to 105 Order on Motion to Amend/Correct/Modify,,
107 MOTION to Certify Class and Approve ADEA Action And to Amend Scheduling
Order by Defendants by Magistrate Judge Michael E. Hegarty on 4/10/07.(dln,
) (Entered: 04/10/2007)
04/09/2007
119
Amended Joint Motion for extension of time to Respond/Reply to 107 MOTION to
Certify Class and Approve ADEA Action And to Amend Scheduling Order by Defendants
El Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice
Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only) Proposed
Order)(Nadel, Darren) (Modified on 4/10/2007 to correct linkage and duplicate
text) (dln, ). (Entered: 04/09/2007)
04/09/2007
118
MEMORANDUM regarding 117 Joint MOTION for Extension of Time to File Response/Reply
as to 105 Order on Motion to Amend/Correct/Modify,, 107 MOTION to Certify Class
and Approve ADEA Action And to Amend Scheduling OrderJoint MOTION for Extension
of Time to File Response/Reply as to 105 Order on Motion to Amend/Correct/Modify,,
107 MOTION to Certify Class and Approve ADEA Action And to Amend Scheduling
Order filed by El Paso Corporation, El Paso Pension Plan, Alice Ballesteros,
Wayne Tomlinson, Gary Muckelroy. (Text Only Entry - No Document Attached)Motions
referred to Magistrate Judge Michael E. Hegarty. Signed by Judge Walker D.
Miller on 4/9/07. (wdmsec, ) (Entered: 04/09/2007)
04/09/2007
117
Joint MOTION for Extension of Time to File Response/Reply as to 105 Order on
Motion to Amend/Correct/Modify,, 107 MOTION to Certify Class and Approve ADEA
Action And to Amend Scheduling Order by Defendants El Paso Corporation, El
Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy.
(Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Nadel, Darren)
(Entered: 04/09/2007)
04/06/2007
116
Utility Setting/Resetting Deadlines/Hearings: El Paso Corporation answer due
4/16/2007; El Paso Pension Plan answer due 4/16/2007, pursuant to minute order
of 4/6/07. Text only entry - no document attached. (gms, ) (Entered: 04/06/2007)
04/06/2007
115
Minute ORDER granting Defendants' Unopposed 112 Motion for Extension of Time
to File Response to Plaintiffs' Complaint to 4/16/07, by Magistrate Judge Michael
E. Hegarty on 4/6/07.(gms, ) (Entered: 04/06/2007)
04/06/2007
114
MEMORANDUM regarding 112 Unopposed MOTION for Extension of Time to File Response/Reply
Plaintiffs' Complaint filed by El Paso Corporation, El Paso Pension Plan. (Text
Only Entry - No Document Attached)Motions referred to Magistrate Judge Michael
E. Hegarty by Judge Walker D. Miller on 4/6/07. (wdmsec, ) (Entered: 04/06/2007)
04/06/2007
113
Docket Annotation Motions terminated: 111 Unopposed MOTION for Extension of
Time to File Response/Reply To Plaintiffs' Complaint by Defendants. [Refiled
by #112]. Text only entry - no document attached. (dln, ) (Entered: 04/06/2007)
04/05/2007
112
Unopposed MOTION for Extension of Time to File Response/Reply [1] Class Action
COMPLAINT by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments:
# 1 Proposed Order (PDF Only) Proposed Order)(Brady, Jill) (Modified on 4/6/2007
to add linkage) (dln, ). (Entered: 04/05/2007)
04/05/2007
111
Unopposed MOTION for Extension of Time to File Response/Reply To Plaintiffs'
Complaint by Defendants El Paso Corporation, El Paso Pension Plan. (Brady,
Jill) (Entered: 04/05/2007)
03/27/2007
110
NOTICE of Entry of Appearance by Jill M. Brady on behalf of El Paso Corporation,
El Paso Pension Plan (Brady, Jill) (Entered: 03/27/2007)
03/27/2007
109
NOTICE of Entry of Appearance by Darren E. Nadel on behalf of El Paso Corporation,
El Paso Pension Plan (Nadel, Darren) (Entered: 03/27/2007)
03/22/2007
108
ORDER: 86 Unopposed MOTION for Leave to File Reply to Plaintiffs' Third Notice
of Supplementary Authority by Defendant is granted. 87 Unopposed MOTION for
Leave to Respond to Defs. Reply to Notice of Suppl. Auth. by Plaintiffs is
granted. 93 Unopposed MOTION for Leave to Reply to Plaintiffs' Fourth Statement
of Supplemental Authority by Defendant is granted. [10] MOTION to Dismiss claims
I and III of the complaint for failure to state a claim upon which relief can
be granted; MOTION for More Definite Statement on claim II; MOTION to Strike
Jury Demand re: [1] Complaint; to dismiss the complaint for failure to exhaust
administrative remedies and to dismiss by Defendants is granted to the extent
it seeks dismissal of Plaintiffs Third Claim, and otherwise denied. This case
remains pending for trial on Plaintiffs 1st, 2nd, 4th, and 5th claims. Signed
by Judge Walker D. Miller on 3/22/07.(dln, ) (Entered: 03/22/2007)
03/19/2007
107
MOTION to Certify Class and Approve ADEA Action by Plaintiffs Wayne Tomlinson,
Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only)
with ADEA Notice and Consent Form# 2 Memorandum in Support# 3 Exhibit 1# 4
Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7#
10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10)(Bruce, Stephen) (Entered: 03/19/2007)
02/20/2007
106
Utility Setting/Resetting Deadlines/Hearings: Discovery due by 10/31/2007.
Dispositive Motions due by 11/30/2007. Final Pretrial Conference set for 1/17/2008
09:30 AM before Magistrate Judge Michael E. Hegarty. Settlement Conference
set for 11/15/2007 01:30 PM before Magistrate Judge Michael E. Hegarty. [Text
only entry - no document attached]. (dln, ) (Entered: 02/20/2007)
02/20/2007
105
MINUTE ORDER granting 103 Joint MOTION to Amend/Correct/Modify 100 Order on
Motion to Amend/Correct/Modify, Scheduling Order. Motions for Class Certification
3/19/2007; Joinder of Parties 03/19/2007; Pla's Expert Reports 05/30/2007;
dft's Expert Reports 7/30/2007; Rebuttal Experts 10/1/2007; Expert Depositions
10/31/2007; Discovery Cut-off 10/31/2007; Dispositive Motions 11/30/2007. Settlement
Conference RESET to 11/15/2007 at 1:30 p.m. and Final Pretrial Conference RESET
to 01/17/2008 at 9:30 a.m. by Magistrate Judge Michael E. Hegarty on 2/20/07.(dln,
) (Entered: 02/20/2007)
02/16/2007
104
MEMORANDUM regarding 103 Joint MOTION to Amend/Correct/Modify 100 Order on
Motion to Amend/Correct/Modify, Scheduling OrderJoint MOTION to Amend/Correct/Modify
100 Order on Motion to Amend/Correct/Modify, Scheduling Order filed by El Paso
Corporation, El Paso Pension Plan, Alice Ballesteros, Wayne Tomlinson, Gary
Muckelroy. (Text Only Entry - No Document Attached)Motions referred to Magistrate
Judge Michael E. Hegarty by Judge Walker D. Miller on 2/16/07. (wdmsec, ) (Entered:
02/16/2007)
02/16/2007
103
Joint MOTION to Amend/Correct/Modify 100 Order on Motion to Amend/Correct/Modify,
Scheduling Order by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs
Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed
Order (PDF Only))(Bruce, Stephen) (Entered: 02/16/2007)
02/01/2007
102
NOTICE re [10] MOTION to Dismiss MOTION for More Definite Statement MOTION
to Strike [1] Complaint MOTION to Strike [1] Complaint Supplemental Authority
by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit
Ex. A# 2 Exhibit Ex. B)(Rillo, Christopher) (Entered: 02/01/2007)
01/22/2007
101
Utility Setting/Resetting Deadlines/Hearings: Discovery due by 9/30/2007. Dispositive
Motions due by 10/31/2007. Proposed Pretrial Order due by 12/12/2007. Final
Pretrial Conference set for 12/19/2007 09:30 AM before Magistrate Judge Michael
E. Hegarty. Settlement Conference set for 10/11/2007 01:30 PM before Magistrate
Judge Michael E. Hegarty. [Text only entry - no document attached]. (dln, )
(Entered: 01/22/2007)
01/22/2007
100
MINUTE ORDER granting 98 Joint MOTION to Amend/Correct/Modify 78 Scheduling
Order. Deadline for Class Certification 2/19/07; deadline for joinder of parties
2/19/07; Pla's expert reports 4/30/07; Dft's expert reports 6/30/07; Rebuttal
experts 8/31/07; Expert depositions 9/30/07; Discovery 9/30/07; Dispositive
motions 10/31/07. Settlement Conference RESET to 10/11/07 at 1:30 p.m. by Magistrate
Judge Michael E. Hegarty on 1/22/07.(dln, ) (Entered: 01/22/2007)
01/19/2007
99
MEMORANDUM regarding 98 Joint MOTION to Amend/Correct/Modify 78 Scheduling
Order, filed by El Paso Corporation, El Paso Pension Plan, Alice Ballesteros,
Wayne Tomlinson, Gary Muckelroy. (Text Only Entry - No Document Attached)Motions
referred to Magistrate Judge Michael E. Hegarty by Judge Walker D. Miller on
1/19/07. (wdmsec, ) (Entered: 01/19/2007)
01/19/2007
98
Joint MOTION to Amend/Correct/Modify 78 Scheduling Order, by Defendants El
Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros,
Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Rillo, Christopher)
(Entered: 01/19/2007)
12/26/2006
97
PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF CERTAIN DOCUMENTS. Signed by
Judge Michael E. Hegarty on 12/26/06. (dln, ) (Entered: 12/26/2006)
12/26/2006
96
MINUTE ORDER granting 94 Joint MOTION for Protective Order Regarding Confidentiality
of Certain Documents by Defendants by Magistrate Judge Michael E. Hegarty on
12/26/06.(dln, ) (Entered: 12/26/2006)
12/26/2006
95
MEMORANDUM regarding 94 Joint MOTION for Protective Order Regarding Confidentiality
of Certain Documents by Defendants. Motions referred to Magistrate Judge Michael
E. Hegarty by Judge Walker D. Miller on 12/26/06. (Text Only Entry - No Document
Attached)(dln, ) (Entered: 12/26/2006)
12/21/2006
94
Joint MOTION for Protective Order Regarding Confidentiality of Certain Documents
by Defendants El Paso Corporation, El Paso Pension Plan, Plaintiffs Wayne Tomlinson,
Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce,
Stephen) (Entered: 12/21/2006)
12/20/2006
93
Unopposed MOTION for Leave to Reply to Plaintiffs' Fourth Statement of Supplemental
Authority by Defendant El Paso Corporation. (Attachments: # 1 Proposed Document
Defendants' Response to Plaintiff's Fourth Statement of Supplemental Authority)(Rillo,
Christopher) (Entered: 12/20/2006)
12/18/2006
92
NOTICE of Supplemental Authority (Fourth) by Plaintiffs Wayne Tomlinson, Alice
Ballesteros, Gary Muckelroy (Attachments: # 1 Engers v. AT&T# 2 In re Citigroup)(Bruce,
Stephen) (Entered: 12/18/2006)
12/18/2006
91
Docket Annotation re: 89 Motions terminated: 89 Joint MOTION for Protective
Order by All Parties Filed [Document is a Proposed Protective Order - to be
refiled by Counsel with appropriate motion]. Text only entry - no document
attached. (dln, ) (Entered: 12/18/2006)
12/15/2006
90
MEMORANDUM regarding 89 Joint MOTION for Protective Order by All Parties Filed
filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. (Text Only Entry
- No Document Attached)Motions referred to Magistrate Judge Michael E. Hegarty
by Judge Walker D. Miller on 12/15/06. (wdmsec, ) (Entered: 12/15/2006)
12/15/2006
89
Joint MOTION for Protective Order by All Parties Filed by Plaintiffs Wayne
Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 12/15/2006)
12/13/2006
88
NOTICE re [10] MOTION to Dismiss MOTION for More Definite Statement MOTION
to Strike [1] Complaint MOTION to Strike [1] Complaint supplementary authority
by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit
unpublished court decision)(Rillo, Christopher) (Entered: 12/13/2006)
11/16/2006
87
Unopposed MOTION for Leave to Respond to Defs. Reply to Notice of Suppl. Auth.
by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments:
# 1 Proposed Document Plaintiffs' Response to Defs. Reply to Notice of Suppl.
Auth.)(Bruce, Stephen) (Entered: 11/16/2006)
11/15/2006
86
Unopposed MOTION for Leave to File Reply to Plaintiffs' Third Notice of Supplementary
Authority by Defendant El Paso Corporation. (Attachments: # 1 Proposed Document)(Rillo,
Christopher) (Entered: 11/15/2006)
11/15/2006
85
Docket Annotation re: 83 NOTICE of Defendants' Unopposed
Application to Respond to Plaintiffs' Third Submission of Supplementary Authority
by Defendants. [Document to be refiled by Counsel as a Motion for Leave to
file]. Text only entry - no document attached. (dln, ) (Entered: 11/15/2006)
11/14/2006
83
NOTICE of Defendants' Unopposed Application to Respond to Plaintiffs' Third
Submission of Supplementary Authority by Defendants El Paso Corporation, El
Paso Pension Plan (Attachments: # 1 Proposed Document Response to Plaintiffs'
Third Submission of Supplementary Authority)(Rillo, Christopher) (Entered:
11/14/2006)
11/13/2006
84
TRANSCRIPT of Telephonic Discovery Hearing held on November 3, 2006 before
Judge Michael E. Hegarty. Prepared by: Avery/Woods. Pages: 1 - 15. (certified
copy) Text Only Entry - Per statute, copies of transcripts are available for
inspection in the clerk's office. Parties interested in a copy may contact
the court reporter or, in the case of a transcript prepared from a digital-audio
taped record, the courtroom deputy for the judicial officer. (dln, ) (Entered:
11/15/2006)
11/03/2006
82
Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael
E. Hegarty : Discovery Hearing held on 11/3/2006. (Court Reporter FTR - C.
Coomes) (mehcd) (Entered: 11/03/2006)
11/03/2006
81
Docket Annotation re: 80 Plaintiffs' Third STATEMENT of Suppelemtnal Authority
re [19]Plas' Memorandum of Law (BRIEF) in Opposition to [10] MOTION to Dismiss
claims I and III of the complaint for failure to state a claim upon which relief
can be granted; MOTION for More Definite Statement on claim II; MOTION to Strike
Jury Demand re: [1] Complaint; to dismiss the complaint for failure to exhaust
administrative remedies and to dismiss (Supplemental Authorities). [Entry modified
to correct linkage]. Text only entry - no document attached. (dln, ) (Entered:
11/03/2006)
11/02/2006
80
Plaintiffs' Third STATEMENT of Suppelemtnal Authority re [19]Plas' Memorandum
of Law (BRIEF) in Opposition to [10] MOTION to Dismiss claims I and III of
the complaint for failure to state a claim upon which relief can be granted;
MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand
re: [1] Complaint; to dismiss the complaint for failure to exhaust administrative
remedies and to dismiss (Supplemental Authorities) by Plaintiffs Wayne Tomlinson,
Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Modified on 11/3/2006
to correct linkage) (dln, ). (Entered: 11/02/2006)
11/01/2006
79
MINUTE ORDER granting 72 MOTION for Leave to File A Reply to Plaintiffs' October
5 Response to Notice of New Authority by Defendant by Judge Walker D. Miller
on 11/1/06.(dln, ) (Entered: 11/01/2006)
10/25/2006
78
SCHEDULING ORDER: Discovery due by 8/31/2007.,Dispositive Motions due by 9/30/2007.,
Settlement Conference set for 9/10/2007 10:00 AM before Magistrate Judge Michael
E. Hegarty., Final Pretrial Conference set for 11/27/2007 09:00 AM before Magistrate
Judge Michael E. Hegarty. Signed by Judge Michael E. Hegarty on 10/25/06. (dln,
) (Entered: 10/25/2006)
10/25/2006
77
Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge
Michael E. Hegarty. Scheduling Conference held on 10/25/2006: Settlement Conference
set for 9/10/2007 at 10:00 a.m. in Courtroom A 601 before Magistrate Judge
Michael E. Hegarty; Final Pretrial Conference set for 11/27/2007 at 9:00 a.m.
in Courtroom A 601 before Magistrate Judge Michael E. Hegarty. (Court Reporter
FTR - Ben Van Dyke) (paccd) (Entered: 10/25/2006)
10/24/2006
76
Proposed Scheduling Order (Corrected) by Defendants El Paso Corporation, El
Paso Pension Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy.
(Bruce, Stephen) (Entered: 10/24/2006)
10/24/2006
75
MINUTE ORDER granting 71 Unopposed MOTION for Leave to File Response to Defendants'
Notice of Supplemental Authority by Plaintiffs by Judge Walker D. Miller on
10/23/06.(dln, ) (Entered: 10/24/2006)
10/23/2006
74
Proposed Scheduling Order by Defendants El Paso Corporation, El Paso Pension
Plan, Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce,
Stephen) (Entered: 10/23/2006)
10/16/2006
73
RESPONSE to Motion re 72 MOTION for Leave to File A Reply to Plaintiffs' October
5 Response to Notice of New Authority filed by Plaintiffs Wayne Tomlinson,
Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 10/16/2006)
10/11/2006
72
MOTION for Leave to File A Reply to Plaintiffs' October 5 Response to Notice
of New Authority by Defendant El Paso Corporation. (Attachments: # 1 Proposed
Document)(Rillo, Christopher) (Entered: 10/11/2006)
10/05/2006
71
Unopposed MOTION for Leave to File Response to Defendants' Notice of Supplemental
Authority by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy.
(Roseman, Barry) (Entered: 10/05/2006)
10/05/2006
70
RESPONSE to 69 NOTICE re [10] MOTION to Dismiss MOTION for More Definite Statement
MOTION to Strike [1] Complaint MOTION to Strike [1] Complaint by Plaintiffs
Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Roseman, Barry) (Modified
on 10/6/2006 to add linkage)(dln, ). (Entered: 10/05/2006)
09/28/2006
69
NOTICE re [10] MOTION to Dismiss MOTION for More Definite Statement MOTION
to Strike [1] Complaint MOTION to Strike [1] Complaint by Defendants El Paso
Corporation, El Paso Pension Plan (Attachments: # 1 Defendants' Notice of Supplementary
Authority in Support of Motion# 2)(Rillo, Christopher) (Entered: 09/28/2006)
09/13/2006
67
MINUTE ORDER granting 66 Unopposed MOTION for Leave to File Reply to Plaintiffs'
August 30, 2006 Responses to Defendants' Notice of Supplemental Authority by
Defendants and the same is accepted for filing by Judge Walker D. Miller on
9/12/06.(dln, ) (Entered: 09/13/2006)
09/12/2006
68
REPLY to Plaintiffs Supplemental Responses 60 and 61 re: [10] Notice of Supplementary
Authority to [10] MOTION to Dismiss claims I and III of the complaint for failure
to state a claim upon which relief can be granted; MOTION for More Definite
Statement on claim II; MOTION to Strike Jury Demand re: [1] Complaint; to dismiss
by Defendants El Paso Corporation, El Paso Pension Plan. (dln, ) (Entered:
09/13/2006)
09/12/2006
66
Unopposed MOTION for Leave to File Reply to Plaintiffs' August 30, 2006 Responses
to Defendants' Notice of Supplemental Authority by Defendants El Paso Corporation,
El Paso Pension Plan. (Attachments: # 1 Proposed Document Defendants' Reply
to Plaintiffs' Responses Filed on August 30, 2006 and September 5, 2006)(Martin,
Raymond) (Entered: 09/12/2006)
09/11/2006
65
Docket Annotation re: 63 NOTICE re 61 Notice (Other), 60 Notice (Other) application
to respond by Defendants filed in error. [Document to be refiled by Counsel
as Motion for leave; Exhibits as attachments and a proposed document]. Text
only entry - no document attached. (dln, ) (Entered: 09/11/2006)
09/11/2006
64
Minute Entry/Minute Order for proceedings held before Magistrate Judge Michael
E. Hegarty: Telephonic Status Conference held on 9/11/2006. Scheduling Conference
set for 10/25/2006 09:00 AM in Courtroom A 601 before Magistrate Judge Michael
E. Hegarty. The proposed Scheduling Order shall be submitted to the Court by
e-mail and to the Clerk of the Court for electronic filing on October 23, 2006,
by noon (12:00 p.m.) Denver time.(Court Reporter FTR - C. Coomes) (mehcd) (Entered:
09/11/2006)
09/08/2006
63
NOTICE re 61 Notice (Other), 60 Notice (Other) application to respond by Defendants
El Paso Corporation, El Paso Pension Plan (Rillo, Christopher) (Entered: 09/08/2006)
09/07/2006
62
MINUTE ORDER: Final Pretrial Conference set for 09/11/2006 is CONVERTED to
a Telephonic Status Conference set for 9/11/2006 09:00 AM before Magistrate
Judge Michael E. Hegarty by Judge Michael E. Hegarty on 9/6/06. (dln, ) (Entered:
09/07/2006)
09/05/2006
61
NOTICE re 60 Notice (Other) Supplemental Response to Defendants' Notice of
Supplemental Authority by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary
Muckelroy (Bruce, Stephen) (Entered: 09/05/2006)
08/30/2006
60
NOTICE re 56 Notice (Other), Notice (Other) Response to Defendants' Notice
of Supplemental Authority by Plaintiffs Wayne Tomlinson, Alice Ballesteros,
Gary Muckelroy (Attachments: # 1 Exhibit)(Bruce, Stephen) (Entered: 08/30/2006)
08/16/2006
59
MINUTE ORDER Granting if filed within 10 days 57 Plaintiffs' Unopposed MOTION
to File Response to Defendants'56 Notice of Supplementary Authority to [10]
MOTION to Dismiss claims I and III of the complaint for failure to state a
claim upon which relief can be granted; MOTION for More Definite Statement
on claim II; MOTION to Strike Jury Demand re: [1] Complaint; to dismiss. Entered
by Judge Walker D. Miller on 8/16/06. (pap, ) (Entered: 08/16/2006)
08/15/2006
58
Docket Annotation re: 57 Unopposed MOTION to File Response to Defendants'56
Notice of Supplementary Authority to [10] MOTION to Dismiss claims I and III
of the complaint for failure to state a claim upon which relief can be granted;
MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand
re: [1] Complaint; to dismiss by Plaintiff. [Entry modified to add linkage]
Text only entry - no document attached. (dln, ) (Entered: 08/15/2006)
08/14/2006
57
Unopposed MOTION to File Response to Defendants'56 Notice of Supplementary
Authority to [10] MOTION to Dismiss claims I and III of the complaint for failure
to state a claim upon which relief can be granted; MOTION for More Definite
Statement on claim II; MOTION to Strike Jury Demand re: [1] Complaint; to dismiss
by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Roseman,
Barry) (Modified on 8/15/2006 to add linkage) (dln, ). (Entered: 08/14/2006)
08/11/2006
56
NOTICE re [10] MOTION to Dismiss MOTION for More Definite Statement MOTION
for More Definite Statement MOTION to Strike [1] Complaint MOTION to Strike
[1] Complaint (Notice of Supplemental Authority in Further Support of) by Defendants
El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit A# 2 Exhibit
B)(Martin, Raymond) (Entered: 08/11/2006)
04/20/2006
55
Minute ORDER granting Defendants' Unopposed 52 Motion for Leave to Respond
to Plaintiffs' Notice of New Authority. Defendants are directed to electronically
file the response, by Magistrate Judge Michael E. Hegarty on 4/20/06. (gms,
) (Entered: 04/20/2006)
04/20/2006
54
RESPONSE to 48 Notice (Other), Notice (Other) by Defendants El Paso Corporation,
El Paso Pension Plan. (Rillo, Christopher) (Entered: 04/20/2006)
04/19/2006
53
MEMORANDUM referring to Magistrate Judge Hegarty : 52 Unopposed MOTION for
Leave to File A Response to Notice of New Authority filed by El Paso Corporation,
by Judge Walker D. Miller on 4/19/06. (Text Only Entry - No Document Attached)(wdmsec,
) (Entered: 04/19/2006)
04/19/2006
52
Unopposed MOTION for Leave to File A Response to Notice of New Authority by
Defendant El Paso Corporation. (Rillo, Christopher) (Entered: 04/19/2006)
04/13/2006
51
STATEMENT re [10] MOTION to Dismiss MOTION for More Definite Statement MOTION
for More Definite Statement MOTION to Strike [1] Complaint MOTION to Strike
[1] Complaint (Supplemental Authority) by Plaintiffs Wayne Tomlinson, Alice
Ballesteros, Gary Muckelroy. (Attachments: # 1 Exhibit A)(Roseman, Barry) (Entered:
04/13/2006)
03/30/2006
50
MINUTE ORDER denying 33 MOTION to Strike [19] Brief in Opposition to Motion,
Defendants' Objections and Motion to Strike Extra Judicial Statements in Plaintiffs'
Opposition Brief by Defendants by Judge Walker D. Miller on 3/30/06. (dlb,
) (Entered: 03/30/2006)
02/08/2006
49
REASSIGNING MAGISTRATE JUDGE. Upon the retirement of Magistrate Judge O. Edward
Schlatter, this case has been reassigned and is now referred to Michael E.
Hegarty, effective February 15, 2006. All future pleadings should reference
Magistrate Judge Hegarty at the end of the civil action number (such as 05-cv-00500-LTB-MEH).
The dates and times for all previously scheduled matters will be maintained
and will now be handled by Magistrate Judge Hegarty in Courtroom A601. His
chambers are located in Room A651. His telephone number is 303-844-4507. (Text
only entry - no document attached) (gms, ) (Entered: 02/08/2006)
11/22/2005
48
NOTICE of Supplemental Authority re MOTION to Dismiss claims I and III of the
complaint for failure to state a claim upon which relief can be granted; MOTION
for More Definite Statement on claim II; MOTION to Strike Jury Demand re: [1]
Complaint; to dismiss the complaint for failure to exhaust administrative remedies
and to dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation,
El Paso Pension Plan (Rillo, Christopher) (Modified on 11/23/2005 to clarify
entry) (dlb, ). (Entered: 11/22/2005)
11/10/2005
47
STATEMENT of Supplemental Authority and response to Dfts'46 NOTICE of Supplemental
Authority re [10] MOTION to Dismiss claims I and III of the complaint for failure
to state a claim upon which relief can be granted; MOTION for More Definite
Statement on claim II; MOTION to Strike Jury Demand re: [1] Complaint; to dismiss
the complaint for failure to exhaust administrative remedies and to dismiss
by Defendants by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy.
(Attachments: # 1 Exhibit A)(Roseman, Barry) (Modified on 11/10/2005 to correct
linkage and clarify entry) (dlb, ). (Entered: 11/10/2005)
11/02/2005
46
NOTICE of Supplemental Authority re [10] MOTION to Dismiss claims I and III
of the complaint for failure to state a claim upon which relief can be granted;
MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand
re: [1] Complaint; to dismiss the complaint for failure to exhaust administrative
remedies and to dismiss by Defendants El Paso Corporation, El Paso Pension
Plan (Rillo, Christopher) (Modified on 11/3/2005 to clarify entry) (dlb, ).
(Entered: 11/02/2005)
11/01/2005
45
MINUTE ORDER STRIKING for failure to comply with D.C.Colo.LCivR 5.6 44 NOTICE
of Supplemental Authority re [10] MOTION to Dismiss claims I and III of the complaint
for failure to state a claim upon which relief can be granted; MOTION for More
Definite Statement on claim II; MOTION to Strike Jury Demand re: [1] Complaint;
to dismiss the complaint for failure to exhaust administrative remedies and to
dismiss by Defendants El Paso Corporation, El Paso Pension Plan by Judge Walker
D. Miller on 11/1/05. (dlb, ) (Entered: 11/02/2005)
11/01/2005
44
NOTICE of Supplemental Authority re [10] MOTION to Dismiss claims I and III of
the complaint for failure to state a claim upon which relief can be granted;
MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand
re: [1] Complaint; to dismiss the complaint for failure to exhaust administrative
remedies and to dismiss by Defendants El Paso Corporation, El Paso Pension Plan
(Rillo, Christopher) (Modified on 11/2/2005 to clarify entry) (dlb, ). (Modified
on 11/2/2005 to indicate STRICKEN pursuant to minute order)(dlb, ). (Entered:
11/01/2005)
09/19/2005
43
RESPONSE to 42 Letter to the Honorable O. Edward Schlatter by Defendants El Paso
Corporation, El Paso Pension Plan. (Martin, Raymond) (Entered: 09/19/2005)
09/16/2005
42
Letter from Stephen R. Bruce (dlb, ) (Entered: 09/16/2005)
09/09/2005
41
ORDER granting 39 MOTION to Withdraw as Attorney (Rachel Shaffer) by Defendants
El Paso Corporation, El Paso Pension Plan. Signed by Magistrate Judge O. Edward
Schlatter on 9/9/05. (dlb, ) (Entered: 09/09/2005)
09/08/2005
40
MEMORANDUM referring to Magistrate Judge Schlatter : 39 MOTION to Withdraw as
Attorney (Rachel Shaffer) filed by El Paso Corporation,, El Paso Pension Plan,
by Judge Walker D. Miller on 9/8/05. (Text Only Entry - No Document Attached)(wdmsec,
) (Entered: 09/08/2005)
09/07/2005
39
MOTION to Withdraw as Attorney (Rachel Shaffer) by Defendants El Paso Corporation,
El Paso Pension Plan. (Attachments: # 1 Proposed Order (PDF Only) to Motion for
Withdrawal of Counsel)(Martin, Raymond) (Entered: 09/07/2005)
08/19/2005
38
NOTICE of Change of Address for Christopher J. Rillo by Raymond W. Martin (Martin,
Raymond) (Entered: 08/19/2005)
07/13/2005
37
Mail Returned as Undeliverable Addressed to Christopher Rillo. (dlb, ) (Entered:
07/13/2005)
07/07/2005
36
BRIEF in Opposition re 33 MOTION to Strike [19] Brief in Opposition to Motion,
Defendants' Objections and Motion to Strike Extra Judicial Statements in Plaintiffs'
Opposition Brief filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary
Muckelroy. (Bruce, Stephen) (Entered: 07/07/2005)
06/29/2005
35
Mail Returned as Undeliverable re: 31 Order Addressed to Chritopher Rillo. (dlb,
) (Entered: 06/30/2005)
06/23/2005
34
REPLY to Response to Motion re [10] MOTION to Dismiss MOTION for More Definite
Statement MOTION for More Definite Statement MOTION to Strike [1] Complaint MOTION
to Strike [1] Complaint filed by Defendants El Paso Corporation, El Paso Pension
Plan. (Attachments: # 1 Exhibit A to Defendants' Reply Memorandum of Law# 2 Exhibit
B to Defendants' Reply Memorandum of Law)(Martin, Raymond) (Entered: 06/23/2005)
06/23/2005
33
MOTION to Strike [19] Brief in Opposition to Motion, Defendants' Objections and
Motion to Strike Extra Judicial Statements in Plaintiffs' Opposition Brief by
Defendants El Paso Corporation, El Paso Pension Plan. (Martin, Raymond) (Entered:
06/23/2005)
06/22/2005
32
AMENDED ORDER re: 31 ORDER granting [21] MOTION Protective Order staying discovery
until disposition of dfts' pretrial motions or in the alternative MOTION for
Order limiting all discovery to the notice allegations pleadings in Claims IV
and V by Defendants El Paso Corporation, El Paso Pension Plan. All discovery
is hereby stayed pending ruling on dfts' motion to dismiss. Signed by Magistrate
Judge O. Edward Schlatter on 6/22/05. (dlb, ) (Entered: 06/22/2005)
06/21/2005
31
ORDER granting [21] MOTION Protective Order staying discovery until disposition
of dfts' pretrial motions or in the alternative MOTION for Order limiting all
discovery to the notice allegations pleadings in Claims IV and V by Defendants
El Paso Corporation, El Paso Pension Plan. All discovery is hereby stayed pending
ruling on dfts' motion to dismiss. Signed by Magistrate Judge O. Edward Schlatter
on 6/21/05. (dlb, ) (Entered: 06/21/2005)
06/17/2005
30
Defendants' REPLY Memorandum in further support of their [21] MOTION for a Protective
Order Staying Discovery Pending Disposition of Defedants' Pleading Motion or
in the Alternative. Limiting Discovery to Claim IV and V filed by Defendants
El Paso Corporation, El Paso Pension Plan. (djs, ) (Entered: 06/17/2005)
06/14/2005
29
MINUTE ORDER re: [10] MOTION to Dismiss claims I and III of the complaint for
failure to state a claim upon which relief can be granted; MOTION for More Definite
Statement on claim II; MOTION to Strike Jury Demand re: [1] Complaint; to dismiss
the complaint for failure to exhaust administrative remedies and to dismiss defendant
El Paso Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan.
The deadline for filing a reply shall be extended to 6/23/05 by Magistrate Judge
O. Edward Schlatter on 6/14/05. (dlb, ) (Entered: 06/15/2005)
06/13/2005
28
Pla's Unpublished Decisions (SUPPLEMENT) to [27] Plas' Memorandum of Law (BRIEF)
in Opposition to [21] MOTION Protective Order staying discovery until disposition
of dfts' pretrial motions or in the alternative MOTION for Order limiting all
discovery to the notice allegations pleadings in Claims IV and V by Defendants
El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 06/14/2005)
06/13/2005
27
Plas' Memorandum of Law (BRIEF) in Opposition to [21] MOTION Protective Order
staying discovery until disposition of dfts' pretrial motions or in the alternative
MOTION for Order limiting all discovery to the notice allegations pleadings in
Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan. (dlb,
) (Entered: 06/14/2005)
05/31/2005
26
MINUTE ORDER re: [21] MOTION Protective Order staying discovery until disposition
of dfts' pretrial motions or in the alternative MOTION for Order limiting all
discovery to the notice allegations pleadings in Claims IV and V by Defendants
El Paso Corporation, El Paso Pension Plan. Pla's responses due by 6/13/05 by
Magistrate Judge O. Edward Schlatter on 5/31/05. (dlb, ) (Entered: 06/01/2005)
05/31/2005
25
MEMORANDUM referring to Magistrate Judge Schlatter : [21] MOTION Protective Order
staying discovery until disposition of dfts' pretrial motions or in the alternative
MOTION for Order limiting all discovery to the notice allegations pleadings in
Claims IV and V by Defendants El Paso Corporation, El Paso Pension Plan by Judge
Walker D. Miller on 5/31/05. (dlb, ) (Entered: 06/01/2005)
05/27/2005
24
MINUTE ORDER : Final Pretrial Conference set for 9/11/2006 09:00 AM in Courtroom
A 601 before Magistrate Judge O. Edward Schlatter by Magistrate Judge O. Edward
Schlatter on 5/27/05. (dlb, ) (Entered: 05/31/2005)
05/27/2005
23
SCHEDULING ORDER: Discovery due by 3/31/2006. Dispositive Motions due by 4/28/2006.
Proposed Pretrial Order due by 9/6/2006. Final Pretrial Conference set for 9/11/2006
09:00 AM in Courtroom A 601 before Magistrate Judge O. Edward Schlatter. Signed
by Magistrate Judge O. Edward Schlatter on 5/27/05. (dlb, ) (Modified on 7/25/2005
to correct typo) (dlb, ). (Entered: 05/31/2005)
05/27/2005
22
Minute Entry for proceedings held before Judge O. Edward Schlatter : Scheduling
Conference held on 5/27/2005 re [21] MOTION Protective Order staying discovery
until disposition of dfts' pretrial motions or in the alternative MOTION for
Order limiting all discovery to the notice allegations pleadings in Claims IV
and V by Defendants El Paso Corporation, El Paso Pension Plan. The Court will
not rule on the motion at this time. Pla's response due within ten (10) days
of this date. Dfts shall then have five (5) days to file a reply. Dfts' shall
make initial disclosures by 6/10/05. Discovery cut off: 3/31/06; dispositive
motion deadline: 4/28/06; prtrial conference, 9/11/06 at 9:00 a.m.; settlement
conference to be set at a later date. (Court Reporter FTR - Ctrm A601.) (dlb,
) (Entered: 05/31/2005)
05/26/2005
21
MOTION Protective Order staying discovery until disposition of dfts' pretrial
motions or in the alternative MOTION for Order limiting all discovery to the
notice allegations pleadings in Claims IV and V by Defendants El Paso Corporation,
El Paso Pension Plan. (dlb, ) (Entered: 05/27/2005)
05/26/2005
20
Plas' Memorandum of Law (BRIEF) in Opposition re [10] MOTION to Dismiss claims
I and III of the complaint for failure to state a claim upon which relief can
be granted; MOTION for More Definite Statement on claim II; MOTION to Strike
Jury Demand re: [1] Complaint; to dismiss the complaint for failure to exhaust
administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants
El Paso Corporation, El Paso Pension Plan. [Unpubished Decisions] (dlb, ) (Entered:
05/27/2005)
05/25/2005
19
Plas' Memorandum of Law (BRIEF) in Opposition to [10] MOTION to Dismiss claims
I and III of the complaint for failure to state a claim upon which relief can
be granted; MOTION for More Definite Statement on claim II; MOTION to Strike
Jury Demand re: [1] Complaint; to dismiss the complaint for failure to exhaust
administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants
El Paso Corporation, El Paso Pension Plan. (dlb, ) (Entered: 05/26/2005)
05/19/2005
18
MINUTE ORDER granting [15] Pla's MOTION for Extension of Time to File Opposition
(Response) to 5/31/05 [10] MOTION to Dismiss claims I and III of the complaint
for failure to state a claim upon which relief can be granted; MOTION for More
Definite Statement on claim II; MOTION to Strike Jury Demand re: [1] Complaint;
to dismiss the complaint for failure to exhaust administrative remedies and to
dismiss defendant El Paso Pension Plan by Defendants El Paso Corporation, El
Paso Pension Plan by Magistrate Judge O. Edward Schlatter on 5/19/05. (dlb, )
(Entered: 05/23/2005)
05/19/2005
17
Dfts' Opposition (RESPONSE) to Second [15] Pla's MOTION for Extension of Time
to File Opposition (Response) to 5/31/05 [10] MOTION to Dismiss claims I and
III of the complaint for failure to state a claim upon which relief can be granted;
MOTION for More Definite Statement on claim II; MOTION to Strike Jury Demand
re: [1] Complaint; to dismiss the complaint for failure to exhaust administrative
remedies and to dismiss defendant El Paso Pension Plan by Defendants El Paso
Corporation, El Paso Pension Plan. (dlb, ) (Entered: 05/19/2005)
05/18/2005
16
MEMORANDUM referring to Magistrate Judge Schlatter : [15] Pla's MOTION for Extension
of Time to File Opposition (Response) to 5/31/05 [10] MOTION to Dismiss claims
I and III of the complaint for failure to state a claim upon which relief can
be granted; MOTION for More Definite Statement on claim II; MOTION to Strike
Jury Demand re: exhaust administrative remedies and to dismiss defendant El Paso
Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan by Judge
Walker D. Miller on 5/18/05. (dlb, ) (Entered: 05/19/2005)
05/17/2005
15
Pla's MOTION for Extension of Time to File Opposition (Response) to 5/31/05 [10]
MOTION to Dismiss claims I and III of the complaint for failure to state a claim
upon which relief can be granted; MOTION for More Definite Statement on claim
II; MOTION to Strike Jury Demand re: [1] Complaint; to dismiss the complaint
for failure to exhaust administrative remedies and to dismiss defendant El Paso
Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan.(dlb, )
(Entered: 05/18/2005)
04/19/2005
14
MINUTE ORDER granting [11] Plas' Unopposed MOTION for Extension of Time to File
Opposition (Response) to dfts' mtn for partial dismissal to 5/20/05 re: [10]
by Magistrate Judge O. Edward Schlatter on 4/19/05. (dlb, ) (Entered: 04/21/2005)
04/19/2005
13
MINUTE ORDER resetting Scheduling Conference set for 5/27/2005 09:30 AM in Courtroom
A 601 before Magistrate Judge O. Edward Schlatter by Magistrate Judge O. Edward
Schlatter on 4/19/05. (dlb, ) (Entered: 04/21/2005)
04/19/2005
12
MEMORANDUM referring to Magistrate Judge Schlatter : [11] MOTION for Extension
of Time to File Response/Reply as to [10] MOTION to Dismiss MOTION for More Definite
Statement MOTION for More Definite Statement MOTION to Strike [1] Complaint MOTION
to Strike [1] Complaint filed by Wayne Tomlinson,, Alice Ballesteros,, Gary Muckelroy,
by Judge Walker D. Miller on 4/19/05. (dlb, ) (Entered: 04/21/2005)
04/18/2005
11
Plas' Unopposed MOTION for Extension of Time to File Opposition (Response) to
dfts' mtn for partial dismissal to 5/20/05 re: [10] MOTION to Dismiss claims
I and III of the complaint for failure to state a claim upon which relief can
be granted; MOTION for More Definite Statement on claim II; MOTION to Strike
Jury Demand re: [1] Complaint; to dismiss the complaint for failure to exhaust
administrative remedies and to dismiss defendant El Paso Pension Plan by Defendants
El Paso Corporation, El Paso Pension Plan.(dlb, ) (Entered: 04/20/2005)
03/30/2005
10
MOTION to Dismiss claims I and III of the complaint for failure to state a claim
upon which relief can be granted; MOTION for More Definite Statement on claim
II; MOTION to Strike Jury Demand re: [1] Complaint; to dismiss the complaint
for failure to exhaust administrative remedies and to dismiss defendant El Paso
Pension Plan by Defendants El Paso Corporation, El Paso Pension Plan. (dlb, )
(Entered: 03/31/2005)
03/01/2005
9
MINUTE ORDER setting Scheduling/Planning Conference set for 4/27/2005 10:00 AM
in Courtroom A 601 before Magistrate Judge O. Edward Schlatter by Magistrate
Judge O. Edward Schlatter on 3/1/05. (dlb, ) (Entered: 03/02/2005)
02/28/2005
8
MINUTE ORDER granting [5] MOTION for Extension of Time to Plead or Respond to
the [1] Complaint to 3/30/05 by Defendants El Paso Corporation, El Paso Pension
Plan. Answer due 3/30/2005 by Judge Walker D. Miller on 2/28/05. (dlb, ) (Entered:
03/01/2005)
02/28/2005
7
ORDER REFERRING CASE to Magistrate Judge O. Edward Schlatter; R16,stat,stlmt,pt,pto
(dlb, ) (Entered: 03/01/2005)
02/23/2005
6
Corporate Disclosure by El Paso Corporation, El Paso Pension Plan. (gms, ) (Entered:
02/24/2005)
02/23/2005
5
MOTION for Extension of Time to Plead or Respond to the [1] Complaint to 3/30/05
by Defendants El Paso Corporation, El Paso Pension Plan. (gms, ) (Entered: 02/24/2005)
02/11/2005
4
WAIVER OF SERVICE Returned Executed by all plaintiffs. El Paso Pension Plan waiver
sent on 12/29/2004, accepted by Steven C. Meisgeier, Esq, answer due 2/28/2005.
(pap, ) (Entered: 02/15/2005)
01/14/2005
3
LETTER REASSIGNING CASE. Case reassigned to Judge Walker D. Miller for all further
proceedings. Judge Zita L. Weinshienk is no longer assigned to case. (gms, )
(Entered: 01/14/2005)
01/12/2005 2 ORDER returning case to clerk's office for reassignment to another
judge. Signed by Judge Zita L. Weinshienk on 1/12/05. (gms, ) (Entered: 01/14/2005)
12/29/2004 Summons Issued as to El Paso Corporation, El Paso
Pension Plan. (bpm, ) (Entered: 12/30/2004)
12/29/2004
1
Class Action COMPLAINT against El Paso Corporation, El Paso Pension Plan (Filing
fee $ 150 #256984.) , filed by plaintiffs Wayne Tomlinson, Alice Ballesteros,
Gary Muckelroy. Jury demand.(bpm, ) (Entered: 12/30/2004)
|
|
 |
