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DOCKET: 1:04-cv-02686-WDM-CBS CASE IS CLOSED WITH NO FURTHER APPEAL OPTIONS
02/28/2012
440
Letter from U.S. Court of Appeals regarding Petition for Writ of Certiorari which was denied re 397 Notice of Appeal by Wayne Tomlinson; assigned Supreme Court No. 11-795 ( Appeal No. 10-1385) (bjrsl, ) (Entered: 02/29/2012)
12/27/2011
439
Letter from U.S. Court of Appeals regarding Petition for Writ of Certiorari which was filed on 12/22/11 re 397 Notice of Appeal by Wayne Tomlinson; assigned Supreme Court No. 11-795 ( Appeal No. 10-1385) (bjrsl, ) (Entered: 12/28/2011)
10/03/2011
438
MANDATE of USCA as to 437 USCA Order/Opinion/Judgment, 397 Notice of Appeal, filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy : (USCA Case No. 10-1385) (gmssl, ) (Entered: 10/03/2011)
09/30/2011
437
USCA Opinion and Judgment as to 397 Notice of Appeal,, filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy: The judgment of the district court is affirmed. (USCA Case No. 10-1385) (This document is not the Mandate) (Attachments: # 1 USCA Judgment)(bjrsl, ) (Entered: 08/12/2011)
06/09/2011
436
ORDER granting in part and denying in part 420 El Paso's Motion for Taxation of Costs. It is granted with respect to Defendants' request for costs incurred in connection with the deposition transcripts of Claude Poulin ($1,447.65) and Robert Bardwell ($1,328.00). Accordingly, the costs awarded are increased from $5,220.25 to $7,995.90. The motion is otherwise denied. By Judge Walker D. Miller on 6/9/11.(mnf, ) (Entered: 06/09/2011)
03/30/2011
435
ORDER denying 401 Defendants' Motion for Attorneys' Fees, by Judge Walker D. Miller on 3/30/11.(mnf, ) (Entered: 03/30/2011)
11/19/2010
434
REPLY to Response to 420 MOTION for Costs (In Support of Taxation) filed by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered: 11/19/2010)
11/08/2010
433 LETTER TO USCA and all counsel certifying the record is complete as to 397 Not
ice
of Appeal, filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. All appeal transcripts ordered by the appellee's have been filed. ( Appeal No. 10-1385) (bjrsl, ) (Entered: 11/08/2010)
11/05/2010
432
TRANSCRIPT of Status Conference held on 3-29-10 before Magistrate Judge Shaffer. Pages: 1-14. Prepared by: Adrienne Whitlow.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/7/2011. (Whitlow, Adrienne) (Entered: 11/05/2010)
11/05/2010
431
TRANSCRIPT of Motions Hearing held on 7-10-08 before Magistrate Judge Shaffer. Pages: 1-18. Prepared by: Adrienne Whitlow.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/7/2011. (Whitlow, Adrienne) Modified on 11/8/2010 to edit text to correct the type of hearing held (ebs, ). (Entered: 11/05/2010)
11/05/2010
430
TRANSCRIPT of Discovery Conference held on 3-12-08 before Magistrate Judge Shaffer. Pages: 1-42. Prepared by: Adrienne Whitlow.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/7/2011. (Whitlow, Adrienne) (Entered: 11/05/2010)
11/05/2010
429
TRANSCRIPT of Discovery Conference held on 1-29-08 before Magistrate Judge Shaffer. Pages: 1-12. Prepared by: Adrienne Whitlow.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/7/2011. (Whitlow, Adrienne) Modified on 11/8/2010 to correct the number of pages of the document (ebs, ). (Entered: 11/05/2010)
11/05/2010
428
TRANSCRIPT of Status Conference held on 1-23-08 before Magistrate Judge Shaffer. Pages: 1-30. Prepared by: Adrienne Whitlow.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/7/2011. (Whitlow, Adrienne) Modified on 11/8/2010 to correct the number of pages of the document (ebs, ). (Entered: 11/05/2010)
11/05/2010
427
TRANSCRIPT of Status Conference held on 12-17-07 before Magistrate Judge Shaffer. Pages: 1-15. Prepared by: Adrienne Whitlow.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/7/2011. (Whitlow, Adrienne) (Entered: 11/05/2010)
11/05/2010
426
TRANSCRIPT of Status Conference held on 11-30-07 before Magistrate Judge Shaffer. Pages: 1-16. Prepared by: Adrienne Whitlow.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/7/2011. (Whitlow, Adrienne) (Entered: 11/05/2010)
11/05/2010
425
TRANSCRIPT of Scheduling Conference held on 10-25-06 before Magistrate Judge Hegarty. Pages: 1-23. Prepared by: Adrienne Whitlow.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/7/2011. (Whitlow, Adrienne) (Entered: 11/05/2010)
11/05/2010
424
TRANSCRIPT of Status Conference held on 9-11-06 before Magistrate Judge Hegarty. Pages: 1-17. Prepared by: Adrienne Whitlow.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/7/2011. (Whitlow, Adrienne) (Entered: 11/05/2010)
11/05/2010
423
TRANSCRIPT of Scheduling Conference held on 5-27-05 before Magistrate Judge Schlatter. Pages: 1-14. Prepared by: Adrienne Whitlow.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 2/7/2011. (Whitlow, Adrienne) Modified on 11/8/2010 to correct date of hearing in the text of the entry. (bjrsl, ). (Entered: 11/05/2010)
11/02/2010
422
BRIEF in Opposition to 420 MOTION for Costs filed by Plaintiffs Alice Ballesteros, Gary Muckelroy, Wayne Tomlinson. (Bruce, Stephen) (Entered: 11/02/2010)
11/02/2010
421
Minute ORDER granting 404 Motion to Withdraw as Attorney by Judge Walker D. Miller on 11/02/10.(jjh, ) (Entered: 11/02/2010)
10/13/2010
420
MOTION for Costs by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Declaration of Darren E. Nadel, # 2 Exhibit Exhibit 1 to Declaration of Darren E. Nadel, # 3 Exhibit Exhibit 2 to Declaration of Darren E. Nadel, # 4 Exhibit Exhibit 3 to Declaration of Darren E. Nadel, # 5 Exhibit Exhibit 4 to Declaration of Darren E. Nadel, # 6 Exhibit Exhibit 5 to Declaration of Darren E. Nadel, # 7 Exhibit Exhibit 6 to Declaration of Darren E. Nadel)(Nadel, Darren) (Entered: 10/13/2010)
10/07/2010
419
REPLY to Response to 401 MOTION for Attorney Fees filed by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered: 10/07/2010)
10/07/2010
418
REPORTER TRANSCRIPT ORDER FORM filed by Adrienne Whitlow; Transcripts ordered See order form re: 397 Notice of Appeal by El Paso Corp. Transcript due by 11/4/2010. (bjrsl, ) (Entered: 10/07/2010)
10/04/2010
417
MINUTE ORDER granting 416 Motion for Extension of Time to File Reply. Defendants shall file their Reply in Support of Motion for Attorney Fees on or before October 7, 2010. by Judge Walker D. Miller on 10/4/10.(gkram) Modified on 10/5/2010 to create linkage (ebs, ). (Entered: 10/04/2010)
10/01/2010
416
Unopposed MOTION for Extension of Time to File Response/Reply as to 401 MOTION for Attorney Fees by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed Order (PDF Only))(Nadel, Darren) (Entered: 10/01/2010)
09/30/2010
414
MINUTE ORDER granting 413 Motion for Extension of Time. The Defendants' shall file a Motion to Review Costs Awarded by the Clerk on or before October 13, 2010, by Judge Walker D. Miller on 9/30/2010.(gkram) (Entered: 09/30/2010)
09/29/2010
413
MOTION for Extension of Time to (File Motion to Review Costs Awarded by Clerk of the Court) by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed Order (PDF Only))(Nadel, Darren) (Entered: 09/29/2010)
09/28/2010
412
Costs Taxed in amount of $ 5,228.25 against Plaintiffs. (ebs, ) (Entered: 09/28/2010) 09/27/2010415 REPORTER TRANSCRIPT ORDER FORM filed by Kara Spitler; Transcripts ordered 05/19/09 re: 397 Notice of Appeal. Transcript due by 10/4/2010. (bjrsl, ) (Entered: 09/30/2010)
09/27/2010
411
CERTIFICATE OF COMPLIANCE WITH D.C.COLO.LCivR 54.1 by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit A)(Nadel, Darren) (Entered: 09/27/2010)
09/27/2010
410
TRANSCRIPT of Telephone Hearing held on 5-19-09 before Judge Miller. Pages: 1-11.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 12/30/2010. (Spitler, Kara) (Entered: 09/27/2010)
09/22/2010
409
LETTER TO USCA and all counsel as to 397 Notice of Appeal, filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. The record in this case was certified as complete on September 9, 2010 and was certified prematurely as the appellees have ordered transcripts for the appeal. District court will re-certify the record when the transcripts have been filed. ( Appeal No. 10-1385) (bjrsl, ) (Entered: 09/22/2010)
09/21/2010
408
TRANSCRIPT ORDER FORM re 397 Notice of Appeal,, by Defendants El Paso Corporation, El Paso Pension Plan (Nadel, Darren) (Entered: 09/21/2010)
09/21/2010
407
TRANSCRIPT ORDER FORM re 397 Notice of Appeal,, by Defendants El Paso Corporation, El Paso Pension Plan (Nadel, Darren) (Entered: 09/21/2010)
09/17/2010
406
BRIEF in Opposition to 401 MOTION for Attorney Fees filed by Plaintiffs Alice Ballesteros, Gary Muckelroy, Wayne Tomlinson. (Attachments: # 1 Affidavit of Wayne Tomlinson, # 2 Affidavit of Alice Ballesteros, # 3 Affidavit of Gary Muckelroy, # 4 Affidavit of Stephen Bruce)(Bruce, Stephen) (Entered: 09/17/2010)
09/17/2010
405
NOTICE of Rescheduled Bill of Costs Hearing by Defendants El Paso Corporation, El Paso Pension Plan (Nadel, Darren) (Entered: 09/17/2010)
09/15/2010
404
Unopposed MOTION to Withdraw as Attorney (Counsel of Record) by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed Order (PDF Only))(Randall, Melissa) (Entered: 09/15/2010)
09/09/2010
403
LETTER TO USCA and all counsel certifying the record is complete as to 397 Notice of Appeal,, filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. ( Appeal No. 10-1385) (gmssl, ) (Entered: 09/09/2010)
09/08/2010
402
TRANSCRIPT ORDER FORM re 397 Notice of Appeal,, by Plaintiffs Alice Ballesteros, Gary Muckelroy, Wayne Tomlinson (Bruce, Stephen) (Entered: 09/08/2010)
08/27/2010
401
MOTION for Attorney Fees by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order (PDF Only))(Nadel, Darren) (Entered: 08/27/2010)
08/25/2010
400
USCA Case Number 10-1385 for 397 Notice of Appeal, filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. (bjrsl, ) (Entered: 08/25/2010)
08/25/2010
399
ORDER granting 394 Defendants' Motion to Bifurcate Attorney's Fees Process and for an Extension of Time to File Motion for Attorney's Fees, upon the condition that their motion include a good faith estimate of the dollar amount of their claim. Defendants may file their motion for attorney fees by 8/27/10, by Judge Walker D. Miller on 8/25/10.(ebs, ) (Entered: 08/25/2010)
08/25/2010
398
LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 397 Notice of Appeal, filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy to the U.S. Court of Appeals. (Retained counsel; Fee paid) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record including Notice of Appeal, # 3 Receipt)(bjrsl, ) (Entered: 08/25/2010)
08/24/2010
397
NOTICE OF APPEAL as to 392 Order on Motion for Summary Judgment, 393 Clerk's Judgment,, 311 Order on Motion for Reconsideration,, Order on Motion for Partial Summary Judgment,,, 108 Order on Motion for Leave,,,,,,,,,,,, Order on Motion to Dismiss,,,, Order on Motion for More Definite Statement,,,, Order on Motion to Strike,,, 213 Order on Motion to Certify Class,,,,, Order on Motion for Judgment,,,,, Order on Motion for Leave,,,,, Order on Motion to Strike,,,, by Plaintiffs Alice Ballesteros, Gary Muckelroy, Wayne Tomlinson (Bruce, Stephen) (Entered: 08/24/2010)
08/23/2010
396
BRIEF in Opposition to 394 MOTION to Bifurcate Attorney's Fees Process and For an Extension of Time to File Motion for Attorney's Fees filed by Plaintiffs Alice Ballesteros, Gary Muckelroy, Wayne Tomlinson. (Attachments: # 1 Exhibit 1)(Bruce, Stephen) (Entered: 08/23/2010)
08/20/2010
395
Proposed Bill of Costs by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C Part 1, # 4 Exhibit C Part 2, # 5 Exhibit C Part 3, # 6 Exhibit C Part 4, # 7 Exhibit C Part 5, # 8 Exhibit C Part 6, # 9 Exhibit C Part 7, # 10 Exhibit D, # 11 Exhibit E Part 1, # 12 Exhibit E Part 2, # 13 Exhibit E Part 3, # 14 Exhibit F, # 15 Exhibit G, # 16 Exhibit H, # 17 Exhibit I Part 1, # 18 Exhibit I Part 2, # 19 Exhibit J)(Nadel, Darren) (Entered: 08/20/2010)
08/19/2010
394
MOTION to Bifurcate Attorney's Fees Process and For an Extension of Time to File Motion for Attorney's Fees by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed Order (PDF Only))(Nadel, Darren) (Entered: 08/19/2010)
08/06/2010
393
AMENDED JUDGMENT by Clerk pursuant to the 392 Order on Renewed Motion for Summary Judgment. Judgment is entered against Plaintiffs and in favor of Defendants on Claim I. Judgment is entered in favor of Defendants and against Plaintiffs. Defendants are awarded appropriate costs upon the filing of a Bill of Costs with the Clerk within fourteen days of entry of judgment. El Paso Corporation and El Paso Pension Plan are awarded additional allowable costs. This cause of action and case are dismissed, by Clerk on 8/6/10. (ebs, ) (Entered: 08/06/2010)
07/26/2010
392
ORDER granting 362 Renewed Motion for Summary Judgment on ADEA Claim. Defendants may have their costs, by Judge Walker D. Miller on 7/26/10.(ebs, ) (Entered: 07/26/2010)
06/22/2010
391
RESPONSE to 390 Notice (Other) Supplemental Authority by Plaintiffs Alice Ballesteros, Gary Muckelroy, Wayne Tomlinson. (Bruce, Stephen) (Entered: 06/22/2010)
06/18/2010
390
NOTICE re 362 Renewed MOTION for Summary Judgment on ADEA Claim (Supplemental Authority) by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit A)(Nadel, Darren) (Entered: 06/18/2010)
03/29/2010
389
COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Craig B. Shaffer: A Telephonic Status Conference was held on 3/29/2010. ORDERED: The court will not set any discovery deadlines or any further discovery dates. Counsel are required to put together a telephone conference call and contact chambers within 72 hours of a ruling on the pending Renewed Motion for Summary Judgment, # 362 , or alternatively, within 72 hours of a decision by the Tenth Circuit on the case that Mr. Bruce is handling, whichever is the earliest. By Magistrate Judge Craig B. Shaffer. (Court Reporter FTR - Linda Kahoe) (cbscd) (Entered: 03/29/2010)
03/29/2010
388
NOTICE of Entry of Appearance by Robyn A. Kashiwa on behalf of Mercer Human Resource Consulting, Inc. (Kashiwa, Robyn) (Entered: 03/29/2010)
03/12/2010
387
MINUTE ORDER granting 385 Motion to Continue and resetting Telephonic Status Conference to 3/29/2010 at 10:45 a.m. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time, by Magistrate Judge Craig B. Shaffer on 3/12/10.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbssec) (Entered: 03/12/2010)
03/12/2010
386
MEMORANDUM regarding 385 Unopposed MOTION to Continue Telephonic Status Conference filed by El Paso Corporation, El Paso Pension Plan.Motions referred to Magistrate Judge Craig B. Shaffer by Judge Walker D. Miller on 3/12/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, ) (Entered: 03/12/2010)
03/12/2010
385
Unopposed MOTION to Continue Telephonic Status Conference by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed Order (PDF Only))(Nadel, Darren) (Entered: 03/12/2010)
03/10/2010
384
MINUTE ORDER sua sponte setting a Telephonic Status Conference for 3/18/2010 at 10:45 a.m. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time, by Magistrate Judge Craig B. Shaffer on 3/10/10. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 03/10/2010)
12/04/2009
383
ORDER granting 381 Defendants' Unopposed Motion for Leave to Exceed Page Limitations in connection with their reply brief in support of their Motion for Summary Judgment, by Judge Walker D. Miller on 12/4/09.(ebs, ) (Entered: 12/04/2009)
12/04/2009
382
REPLY to Response to 362 Renewed MOTION for Summary Judgment on ADEA Claim filed by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered: 12/04/2009)
12/04/2009
381
Unopposed MOTION for Leave to File Excess Pages by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered: 12/04/2009)
11/17/2009
380
MINUTE ORDER granting 378 Motion for Extension of Time to File Response/Reply. The deadline for Defendants to file a reply in support of their renewed 362 motion for summary judgment on ADEA claim is extended to on or before 12/4/09, by Magistrate Judge Craig B. Shaffer on 11/17/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbssec) (Entered: 11/17/2009)
11/16/2009
379
MEMORANDUM regarding 378 Unopposed MOTION for Extension of Time to File Response/Reply as to 362 Renewed MOTION for Summary Judgment on ADEA Claim filed by El Paso Corporation, El Paso Pension Plan.Motions referred to Magistrate Judge Craig B. Shaffer by Judge Walker D. Miller on 11/16/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, ) (Entered: 11/16/2009)
11/16/2009
378
Unopposed MOTION for Extension of Time to File Response/Reply as to 362 Renewed MOTION for Summary Judgment on ADEA Claim by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered: 11/16/2009)
11/02/2009
377
MINUTE ORDER granting 375 plaintiffs' Motion for Leave to File Excess Pages. By Jane Trexler, Judicial Assistant/Deputy Clerk, on behalf of Judge Walker D. Miller on 11/2/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wdmsec, ) (Entered: 11/02/2009)
11/02/2009
376
BRIEF in Opposition to 362 Renewed MOTION for Summary Judgment on ADEA Claim 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Rule 56(f) Affidavit of Stephen R. Bruce, # 26 Supplemental Declaration of Claude Poulin, F.S.A., # 27 Declaration of Michael A. Crumley)(Bruce, Stephen) (Entered: 11/02/2009)
11/02/2009
375
Unopposed MOTION for Leave to File Excess Pages by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 11/02/2009)
10/20/2009
374
MINUTE ORDER granting 371 Defendants' Unopposed Motion to Seal. Clerk shall seal the documents attached with Exhibit C to the Declaration of Kevin Minor (doc. no. 363-7) as set forth in this Minute Order, by Magistrate Judge Craig B. Shaffer on 10/20/09.(ebs, ) (Entered: 10/20/2009)
10/09/2009
373
Docket Annotation re: 369 Order on Motion for Extension of Time to File Response/Reply. This docket entry was modified to correct the signature date. Text only entry - no document attached (ebs, ) (Entered: 10/09/2009)
10/08/2009
372
MEMORANDUM regarding 371 Unopposed MOTION to Seal filed by El Paso Corporation, El Paso Pension Plan.Motions referred to Magistrate Judge Craig B. Shaffer by Judge Walker D. Miller on 10/8/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, ) (Entered: 10/08/2009)
10/08/2009
371
Unopposed MOTION to Seal by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered: 10/08/2009)
10/08/2009
370
Docket Annotation re: 368 Notice (Other). Counsel has been asked to draft and file a Motion to Seal the previous, unredacted version of Exhibit C. Text only entry - no document attached (ebs, ) (Entered: 10/08/2009)
10/08/2009
369
MINUTE ORDER granting 366 Motion for Extension of Time to File Response and Reply Briefs to 362 Renewed MOTION for Summary Judgment on ADEA Claim. ORDERED that a response shall be filed no later than 11/2/09 and a reply is due no later than 11/17/09, by Magistrate Judge Craig B. Shaffer on 10/8/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cbssec) Modified on 10/9/2009 to correct the signature date (ebs, ). (Entered: 10/08/2009)
10/07/2009
368
NOTICE re 363 Brief in Support of Motion, Relodging of Exhibit C to Memorandum in Support of Renewed Motion for Summary Judgment on ADEA Claim and Request to Remove or Seal Previous Exhibit C by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit C, # 2 Exhibit 1 to Exhibit C (Redacted), # 3 Exhibit 2 to Exhibit C, # 4 Exhibit 3 to Exhibit C (Redacted), # 5 Exhibit 4 to Exhibit C, # 6 Exhibit 5)(Nadel, Darren) Modified on 10/8/2009 to delete duplicate text generated by the system (ebs, ). (Entered: 10/07/2009)
10/07/2009
367
MEMORANDUM regarding 366 Unopposed MOTION for Extension of Time to File Response/Reply as to 362 Renewed MOTION for Summary Judgment on ADEA Claim filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Walker D. Miller on 10/7/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, ) Modified on 10/8/2009 to delete duplicate text generated by the system (ebs, ). (Entered: 10/07/2009)
10/06/2009
366
Unopposed MOTION for Extension of Time to File Response/Reply as to 362 Renewed MOTION for Summary Judgment on ADEA Claim by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 10/06/2009)
09/22/2009
365
SUPPLEMENT/AMENDMENT to 362 Renewed MOTION for Summary Judgment on ADEA Claim by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit)(Nadel, Darren) (Entered: 09/22/2009)
09/21/2009
364
MINUTE ORDER granting 361 Motion for Leave to file oversized brief. By Jane Trexler, Judicial Assistant, Deputy Clerk, on behalf of Judge Walker D. Miller on 9/21/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (wdmsec, ) (Entered: 09/21/2009)
09/17/2009
363
BRIEF in Support of 362 Renewed MOTION for Summary Judgment on ADEA Claim filed by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit A, Part 1, Amended Plan, # 2 Exhibit A, Part 2, # 3 Exhibit A, Part 3, # 4 Exhibit A, Part 4, # 5 Exhibit A, Part 5, # 6 Exhibit B, Deposition of Robert Bardwell, # 7 Exhibit C, Declaration of Kevin Minor, # 8 Exhibit 1 to Declaration of Kevin Minor, # 9 Exhibit 2 to Declaration of Kevin Minor, # 10 Exhibit 3 to Declaration of Kevin Minor, # 11 Exhibit 4 to Declaration of Kevin Minor, # 12 Exhibit 5 to Declaration of Kevin Minor, # 13 Exhibit D, Declaration of Michael Ward, # 14 Exhibit 1 to Declaration of Michael Ward, # 15 Exhibit 2 to Declaration of Michael Ward, # 16 Exhibit 3 to Declaration of Michael Ward, # 17 Exhibit 4 to Declaration of Michael Ward, # 18 Exhibit E, Deposition of Michael Ward, # 19 Exhibit F, Part 1, Jensen Opinion, # 20 Exhibit F, Part 2, # 21 Exhibit F, Part 3, # 22 Exhibit G, Vaughn Opinion, # 23 Exhibit H, Custer Opinion, # 24 Exhibit I, Walker Opinion, # 25 Exhibit J, Bozner Opinion, # 26 Exhibit K, Breitigan Opinion, # 27 Exhibit L, New York 10-3 Assoc. Opinion)(Nadel, Darren) (Entered: 09/17/2009)
09/17/2009
362
Renewed MOTION for Summary Judgment on ADEA Claim by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered: 09/17/2009)
09/17/2009
361
MOTION for Leave to Exceed Page Limitations by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed Order (PDF Only))(Nadel, Darren) (Entered: 09/17/2009)
08/31/2009
360
Docket Annotation re: 359 Order. This docket entry was modified to create a linkage and to add additional text. Text only entry - no document attached (gms, ) (Entered: 08/31/2009)
08/28/2009
359
ORDER Granting 313 Plaintiffs' Motion to Alter or Amend Judgment. The 1/21/09 order 311 is amended to deny defendants' Motion for Summary Judgment on plaintiffs' ADEA claim. 312 Clerk's Judgment is vacated. Granting 331 Plaintiffs' Motion to Strike Amended Motion for Summary Judgment on ADEA Claim. Striking 324 Defendants' Amended Motion for Summary Judgment on ADEA Claim. Denying as moot 327 Motion for Leave to File Excess Pages. Defendants may file renewed motion for summary judgment on ADEA claim within 20 days, by Judge Walker D. Miller on 8/28/09.(gms, ) Modified on 8/31/2009 to create a linkage and to add additional text (gms, ). (Entered: 08/28/2009)
08/21/2009
358
NOTICE of Change of Address by Christopher James Rillo (Rillo, Christopher) (Entered: 08/21/2009)
08/20/2009
357
RESPONSE to 356 Notice (Other), Notice (Other) by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Exhibit 1)(Bruce, Stephen) (Entered: 08/20/2009)
08/17/2009
356
NOTICE re 323 Response to Motion, Second Supplemental Authority in Support of Response to Plaintiffs' Motion to Alter or Amend Judgment by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit A)(Nadel, Darren) (Entered: 08/17/2009)
08/05/2009
355
NOTICE of Change of Address by Christopher Hulbert Toll (Toll, Christopher) (Entered: 08/05/2009)
07/07/2009
354
TRANSCRIPT of Request For Reimbursement of Attorney's Fees held on June 12, 2009 before Judge Matsch. Pages: 1-12. Prepared by: Federal Reporting Service, Inc..
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 10/5/2009. (Federal Reporting Service, Inc., ) (Entered: 07/07/2009)
06/18/2009
353
Docket Annotation re: 352 Order on Motion for Attorney Fees,, Motion Hearing. Entry modified on 6/18/2009 to include the hearing type. Text only entry - no document attached (sah, ) (Entered: 06/18/2009)
06/12/2009
352
Minute Entry - Courtroom Minutes for before Judge Richard P. Matsch. Hearing on the Amended Rule 45 Request held on 06/12/2009. ORDERED: Mercer's Amended Rule 45 Request for Reimbursement of Attorney's Fees, March 23, 2009 333 , is denied.(Reporter FTR - K. Terasaki) (rpmcd) Modified on 6/18/2009 to include the hearing type(sah, ). (Entered: 06/12/2009)
06/03/2009
351
RESPONSE to 347 Notice (Other), Notice (Other) by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 06/03/2009)
06/03/2009
350
Docket Annotation re: 349 Notice (Other). Counsel will re-file using the Response event. Text only entry - no document attached (sah, ) (Entered: 06/03/2009)
06/02/2009
349
NOTICE re 347 Notice (Other), Notice (Other) Response to Defendants' Notice of Supplemental Authority by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy (Bruce, Stephen) (Entered: 06/02/2009)
05/28/2009
348
Minute ORDER Setting Hearing on 333 Amended MOTION for Attorney Fees Rule 45 Request for Reimbursement for 6/12/2009 11:00 AM in Courtroom A before Judge Richard P. Matsch by Judge Richard P. Matsch on 05/28/09. (jjh, ) (Entered: 05/28/2009)
05/26/2009
347
SUPPLEMENTAL AUTHORITY re: 323 Response to Motion, Regarding Plaintiffs' Motion to Alter or Amend Judgment by Defendants El Paso Corporation, El Paso Pension Plan (Attachments: # 1 Exhibit A)(Nadel, Darren) (Modified on 5/27/2009 changed the title of the text to that of the document)(erv, ). (Entered: 05/26/2009)
05/20/2009
345
ORDER VACATING ORDER OF REFERENCE The 335 Memorandum referring 333 Mercer's Amended Rule 45 Request for Reimbursement of Attorney's Fees to Magistrate Judge Shaffer is vacated, by Judge Richard P. Matsch on 5/20/09. (gmssl, ) (Entered: 05/20/2009)
05/20/2009
344
Letter from clerk advising that Senior District Judge Richard P. Matsch has been randomly assigned to issues concerning the non-party Mercer (US) Inc., pursuant to the 5/19/09 343 Order. (gmssl, ) (Entered: 05/20/2009)
05/19/2009
346
Minute Entry - Courtroom Minutes for Telephone Conference held before Judge Walker D. Miller on 5/19/2009. ORDERED: With regard to Plaintiffs' Motion to Alter or Amend Judgment [Doc. 313], Defendant may file supplemental authority by Tuesday, May 26, 2009. Plaintiffs may file a response by Tuesday, June 2, 2009. (Court Reporter Kara Spitler) (lbush) (Entered: 05/21/2009)
05/19/2009
343
ORDER All matters at issue between the non-party Mercer (US) Inc. and the Plaintiffs, including Mercers Amended Rule 45 Request for Reimbursement of Attorneys Fees 333 shall be separately administered and tried on those issues. I hereby recuse myself from serving on all such issues concerning non-party Mercer (US) Inc. and direct that the Clerk of the court assign those issues to one of my colleagues by random draw, maintaining the case assignment with myself for all other issues, including all matters at issue between the Plaintiffs and Defendants, by Judge Walker D. Miller on 5/19/09. (gmssl, ) (Entered: 05/20/2009)
04/30/2009
342
REPLY to Response to Motion re 333 Amended MOTION for Attorney Fees Rule 45 Request for Reimbursement filed by Interested Party Mercer Human Resource Consulting, Inc.. (Toll, Christopher) (Entered: 04/30/2009)
04/27/2009
341
REPLY to Response to Motion re 331 MOTION to Strike 324 Amended MOTION for Summary Judgment on ADEA Claim filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 04/27/2009)
04/22/2009
340
MINUTE ORDER Telephone Hearing (Status Conference) set for 5/19/2009 09:00 AM before Judge Walker D. Miller, by Judge Walker D. Miller on 4/22/09. (gms, ) (Entered: 04/22/2009)
04/15/2009
339
BRIEF in Opposition re 333 Amended MOTION for Attorney Fees Rule 45 Request for Reimbursement 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: 04/15/2009)
04/07/2009
338
RESPONSE to Motion re 331 MOTION to Strike 324 Amended MOTION for Summary Judgment on ADEA Claim filed 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, # 7 Exhibit G, # 8 Exhibit H)(Nadel, Darren) (Entered: 04/07/2009)
03/31/2009
337
MINUTE ORDER re: 315 Motion for Attorney Fees and 328 Motion to Strike. These motions are now moot, by Judge Walker D. Miller on 3/31/09.(ebs, ) (Entered: 03/31/2009)
03/24/2009
336
MINUTE ORDER re: 333 Amended MOTION for Attorney Fees Rule 45 Request for Reimbursement filed by Mercer Human Resource Consulting, Inc. ORDERED that the parties are directed to D.C.ColoL.CivR. 7.1 C for the deadline(s) relating to the filing of the response and reply brief(s). By Magistrate Judge Craig B Shaffer on 3/24/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cbssec) (Entered: 03/24/2009)
03/23/2009
335
MEMORANDUM regarding 333 Amended MOTION for Attorney Fees Rule 45 Request for Reimbursement filed by Mercer Human Resource Consulting, Inc..Motions referred to Magistrate Judge Craig B Shaffer by Judge Walker D. Miller on 3/23/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(wdmsec, ) (Entered: 03/23/2009)
03/23/2009
334
RESPONSE to Motion re 328 MOTION to Strike 315 MOTION for Attorney Fees Rule 45 Request fir Reimbursement of Attorney's Fees filed by Interested Party Mercer Human Resource Consulting, Inc.. (Toll, Christopher) (Entered: 03/23/2009)
03/23/2009
333
Amended MOTION for Attorney Fees Rule 45 Request for Reimbursement by Interested Party Mercer Human Resource Consulting, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Toll, Christopher) (Entered: 03/23/2009)
03/18/2009
332
BRIEF in Support re 331 MOTION to Strike 324 Amended MOTION for Summary Judgment on ADEA Claim filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 03/18/2009)
03/18/2009
331
MOTION to Strike 324 Amended MOTION for Summary Judgment on ADEA Claim by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 03/18/2009)
03/03/2009
330
REPLY to Response to Motion re 313 MOTION to Alter Judgment re 312 Clerk's Judgment, filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Appendix House Report 110-237)(Bruce, Stephen) (Entered: 03/03/2009)
03/02/2009
329
BRIEF in Support re 328 MOTION to Strike 315 MOTION for Attorney Fees Rule 45 Request fir Reimbursement of Attorney's Fees filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 03/02/2009)
03/02/2009
328
MOTION to Strike 315 MOTION for Attorney Fees Rule 45 Request fir Reimbursement of Attorney's Fees by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 03/02/2009)
02/26/2009
327
MOTION for Leave to File Excess Pages to Defendants' Amended Motion for Partial Summary Judgment on Plaintiffs' ADEA Claim by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed Order (PDF Only))(Nadel, Darren) (Entered: 02/26/2009)
02/26/2009
326
RESPONSE to Motion re 313 MOTION to Alter Judgment re 312 Clerk's Judgment, Request for Approval of ADEA Collective Action Notice and Consent Form filed by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit A, # 2 Exhibit 1 to Exhibit A, # 3 Exhibit 2 to Exhibit A, # 4 Exhibit 3 to Exhibit A, # 5 Exhibit 4 to Exhibit A, # 6 Exhibit 5 to Exhibit A)(Nadel, Darren) (Entered: 02/26/2009)
02/26/2009
325
BRIEF in Support re 324 Amended MOTION for Summary Judgment on ADEA Claim filed by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit A - Part 3, # 4 Exhibit A - Part 4, # 5 Exhibit A - Part 5, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit 1 to Exhibit C, # 9 Exhibit 2 to Exhibit C, # 10 Exhibit 3 to Exhibit C, # 11 Exhibit 4 to Exhibit C, # 12 Exhibit 5 to Exhibit C, # 13 Exhibit D, # 14 Exhibit 1 to Exhibit D, # 15 Exhibit 2 to Exhibit D, # 16 Exhibit 3 to Exhibit D, # 17 Exhibit 4 to Exhibit D, # 18 Exhibit E, # 19 Exhibit F, # 20 Exhibit G, # 21 Exhibit H, # 22 Exhibit I, # 23 Exhibit J, # 24 Exhibit K)(Nadel, Darren) (Entered: 02/26/2009)
02/26/2009
324
Amended MOTION for Summary Judgment on ADEA Claim by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered: 02/26/2009)
02/26/2009
323
RESPONSE to Motion re 313 MOTION to Alter Judgment re 312 Clerk's Judgment, filed 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)(Nadel, Darren) (Entered: 02/26/2009)
02/26/2009
322
TRANSCRIPT of Telephonic Discovery Conference held on 01/31/08 before Magistrate Judge Shaffer. Pages: 1-31.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 5/27/2009. (Avery Woods Reporting, ) (Entered: 02/26/2009)
02/26/2009
321
TRANSCRIPT of Telephonic Motion Hearing held on 09/29/08 before Magistrate Judge Shaffer. Pages: 1-10.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 5/27/2009. (Avery Woods Reporting, ) (Entered: 02/26/2009)
02/18/2009
320
MINUTE ORDER granting 318 Plaintiffs' Motion to Stay Proceedings on Defendants' Bill of Costs pending determination of the Motion to Alter or Amend, by Judge Walker D. Miller on 2/18/09.(ebs, ) (Entered: 02/18/2009)
02/12/2009
319
BRIEF in Support re 318 MOTION to Stay re 316 Proposed Bill of Costs,, filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 02/12/2009)
02/12/2009
318
MOTION to Stay re 316 Proposed Bill of Costs,, by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 02/12/2009)
02/06/2009
317
STATEMENT re 313 MOTION to Alter Judgment re 312 Clerk's Judgment,, 314 Brief in Support of Motion (Notice of Intent to Respond to Plaintiffs' Motion to Alter or Amend Judgment) by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered: 02/06/2009)
02/06/2009
316
Proposed Bill of Costs by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, Part 1, # 3 Exhibit B, Part 2, # 4 Exhibit B, Part 3, # 5 Exhibit B, Part 4, # 6 Exhibit B, Part 5, # 7 Exhibit B, Part 6, # 8 Exhibit B, Part 7, # 9 Exhibit B, Part 8, # 10 Exhibit B, Part 9, # 11 Exhibit B, Part 10, # 12 Exhibit B, Part 11, # 13 Exhibit B, Part 12, # 14 Exhibit C, Part 1, # 15 Exhibit C, Part 2, # 16 Exhibit C, Part 3, # 17 Exhibit C, Part 4, # 18 Exhibit C, Part 5, # 19 Exhibit C, Part 6, # 20 Exhibit C, Part 7)(Nadel, Darren) (Entered: 02/06/2009)
02/06/2009
315
MOTION for Attorney Fees Rule 45 Request fir Reimbursement of Attorney's Fees by Interested Party Mercer Human Resource Consulting, Inc.. (Attachments: # 1 Exhibit Exhibit A to Mercer's Rule 45 Request for Reimbursement of Attorney's Fees, # 2 Exhibit Exhibit B to Mercer's Rule 45 Request for Reimbursement of Attorney's Fees, # 3 Exhibit Exhibit C to Mercer's Rule 45 Request for Reimbursement of Attorney's Fees, # 4 Exhibit Exhibit D to Mercer's Rule 45 Request for Reimbursement of Attorney's Fees, # 5 Exhibit Exhibit E to Mercer's Rule 45 Request for Reimbursement of Attorney's Fees)(Toll, Christopher) (Entered: 02/06/2009)
02/06/2009
314
BRIEF in Support re 313 MOTION to Alter Judgment re 312 Clerk's Judgment, filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen) (Entered: 02/06/2009)
02/06/2009
313
MOTION to Alter Judgment re 312 Clerk's Judgment, by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 02/06/2009)
01/23/2009
312
JUDGMENT by Clerk. Summary judgment is entered against Plaintiffs and in favor of Defendants on Claim 1 and V. Judgment is entered in favor of Defendants and against Plaintiffs. Defendants are awarded costs upon the filing of a Bill of Costs with the Clerk of Court within ten days entry of judgment, signed on 1/23/09. (gmssl, ) (Entered: 01/23/2009)
01/21/2009
311
ORDER denying 218 Plaintiff's Motion for Reconsideration of 3/19/08 Decision ; granting 220 Defendants' Motion for Partial Summary Judgment; granting 232 Defendants' Motion for Partial Summary Judgment. Summary judgment shall enter against Plaintiffs and in favor of Defendants on Claim I and Claim V. All other claims were previously dismissed. Defendants may have their costs. Signed by Judge Walker D. Miller on 1/21/09.(gms, ) (Entered: 01/22/2009)
12/10/2008
310
BRIEF in Opposition re 294 MOTION to Compel Adequate
Privilege Log for Documents Withheld by Mercer filed 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: 12/10/2008)
12/02/2008
309
MINUTE ORDER granting 306 Defendants' Motion for Extension
of Time to File Response to Plaintiffis' Supplemental Brief in Support
of Motion to Compel Adequate Privilege Log for Dcouments Withheld by
Mercer to on or before 12/10/08, by Magistrate Judge Craig B Shaffer
on 12/02/08.(wjc, ) (Entered: 12/02/2008)
12/01/2008
308
MEMORANDUM regarding 306 MOTION for Extension of Time
to File Response/Reply as to 305 Brief in Support of Motion, to Compel
Adequate Privilege Log for Documents Withheld by Mercer MOTION for Extension
of Time to File Response/Reply as to 305 Brief in Support of Motion,
to Compel Adequate Privilege Log for Documents Withheld by Mercer filed
by El Paso Corporation, El Paso Pension Plan.Motions referred to Magistrate
Judge Craig B Shaffer by Judge Walker D. Miller on 12/1/08. (Text Only
Entry - No Document Attached)(wdmsec, ) (Entered: 12/01/2008)
11/28/2008
307
Docket Annotation re: 306 MOTION for Extension of Time
to File Response/Reply as to 305 Brief in Support of Motion to Compel
Adequate Privilege Log for Documents Withheld by Mercer. This docket
entry was modified to correct the linkage to Doc #294. Text only entry
- no document attached (gms, ) (Entered: 11/28/2008)
11/26/2008
306
MOTION for Extension of Time to File Response/Reply as
to Brief in Support of Motion to Compel Adequate Privilege Log for Documents
Withheld by Mercer 294 by Defendants El Paso Corporation, El Paso Pension
Plan. (Attachments: # 1 Proposed Order (PDF Only))(Nadel, Darren) Modified
on 11/28/2008 to correct linkage (gms, ). (Entered: 11/26/2008)
11/24/2008
305
BRIEF in Support re 294 MOTION to Compel Adequate Privilege
Log for Documents Withheld by Mercer (Supplemental Brief Authorized by
10/15/2008 Minute Order) filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros,
Gary Muckelroy. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3 Exhibit
12, # 4 Exhibit 13, # 5 Exhibit 14)(Bruce, Stephen) (Entered: 11/24/2008)
11/17/2008
304
MINUTE ORDER granting Plaintiffs' Unopposed 302 Motion
for Extension of Time to File Supplemental Brief on Privilege Log for
Documents Withheld by Mercer. The deadline for Plaintiffs is extended
to 11/24/08. Defendants have until 12/3/08 to file a response brief.
Entered by Magistrate Judge Craig B Shaffer on 11/17/08. (Text only entry
- no document attached) (cbssec) (Entered: 11/17/2008)
11/14/2008
303
MEMORANDUM regarding 302 Unopposed MOTION For Extension
of Time to File Supplemental Brief on Privilege Log for Documents Withheld
by Mercer filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy.
Motions referred to Magistrate Judge Craig B Shaffer by Judge Walker
D. Miller on 11/14/08. (Text Only Entry - No Document Attached)(wdmsec,
) (Entered: 11/14/2008)
11/14/2008
302
Unopposed MOTION For Extension of Time to File Supplemental
Brief on Privilege Log for Documents Withheld by Mercer by Plaintiffs
Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1
Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 11/14/2008)
11/05/2008
301
TRANSCRIPT of Motions Hearing held on 10-15-08 before
Magistrate Judge Shaffer. Pages: 1-109.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent
to Redact, of the party's intent to redact personal identifiers from
the electronic transcript of the court proceeding. If a Notice of Intent
to Redact is not filed within the allotted time, this transcript will
be made electronically available after 90 days. Please see the Notice
of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased
through the Court Reporter/Transcriber prior to the 90 day deadline for
electronic posting on PACER. Release of Transcript Restriction set for
2/3/2009. (Avery Woods Reporting, ) (Entered: 11/05/2008)
10/23/2008
300
ORDER granting Defendants' 298 Unopposed Motion For Extension
of Time to Submit a Supplemental Privilege Log to Plaintiffs up to and
including 10/27/2008. Signed by Magistrate Judge Craig B Shaffer on 10/23/2008.(sss,
) (Entered: 10/23/2008)
10/22/2008
299
MEMORANDUM regarding 298 Unopposed MOTION For Extension
of Time To Submit a Supplemental Privilege Log to Plaintiffs filed by
El Paso Corporation, El Paso Pension Plan. Motions referred to Magistrate
Judge Craig B Shaffer by Judge Walker D. Miller on 10/22/08. (Text Only
Entry - No Document Attached)(wdmsec, ) (Entered: 10/22/2008)
10/22/2008
298
Unopposed MOTION For Extension of Time To Submit a Supplemental
Privilege Log to Plaintiffs by Defendants El Paso Corporation, El Paso
Pension Plan. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order)(Randall,
Melissa) (Entered: 10/22/2008)
10/15/2008
297
COURTROOM MINUTES/MINUTE ORDER for proceedings held before
Magistrate Judge Craig B Shaffer. Motion Hearing held on 10/15/2008:
Denying 263 Motion to Enforce Subpoena Duces Tecum to Mercer. Counsel
shall follow the guidelines set forth by the court regarding discovery
as it goes forward. Defendants' counsel shall provide plaintiffs' counsel
with a supplemental privilege log by 10/22/2008. Plaintiffs' counsel
shall review the supplementation and respond to defendants' counsel by
11/5/2008 whether an issue still exists. If an issue still exists, plaintiffs'
counsel shall file a supplemental brief by 11/12/2008, and defendants'
response is due by 11/21/2008. No reply shall be allowed. The Final Pretrial
Conference set for 10/30/2008 is vacated. (FTR - Ben Van Dyke) (cbscd)
(Entered: 10/16/2008)
10/08/2008
296
MEMORANDUM regarding 294 MOTION to Compel Adequate Privilege
Log for Documents Withheld by Mercer filed by Alice Ballesteros, Wayne
Tomlinson, Gary Muckelroy.Motions referred to Magistrate Judge Craig
B Shaffer by Judge Walker D. Miller on 10/8/08. (Text Only Entry - No
Document Attached)(wdmsec, ) (Entered: 10/08/2008)
10/07/2008
295
BRIEF in Support re 294 MOTION to Compel Adequate Privilege
Log for Documents Withheld by Mercer 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, # 9 Exhibit 9)(Bruce, Stephen) (Entered: 10/07/2008)
10/07/2008
294
MOTION to Compel Adequate Privilege Log for Documents
Withheld by Mercer by Plaintiffs Wayne Tomlinson, Alice Ballesteros,
Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce, Stephen)
(Entered: 10/07/2008)
10/01/2008
293
Docket Annotation re: 292 Amended Document. This docket
entry was modified to correct the file date to be 9/29/08. Text only
entry - no document attached (gms, ) (Entered: 10/01/2008)
09/30/2008
291
COURTROOM MINUTES - Minute Entry for proceedings held
before Magistrate Judge Craig B Shaffer: Motion Hearing held on 9/30/2008.
Granting 286 Defendants' Motion for Extension of Time. Reset Plaintiffs'
Motion to Enforce Subpoena Duces Techum to Mercer 236 to 10/15/2008 at
01:30 PM before Magistrate Judge Craig B. Shaffer. (Court Reporter FTR)
(psfcd) (Entered: 09/30/2008)
09/29/2008
292
AMENDED COURTROOM MINUTES/MINUTE ORDER 291 Corrected date
of hearing to September 29, 2008 (erv, ) Modified on 10/1/2008 to correct
the file date (gms, ). (Entered: 09/30/2008)
09/29/2008
290
REPLY to Response to Motion re 263 MOTION to Enforce Subpoena
Duces Tecum to Mercer filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros,
Gary Muckelroy. (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit
10, # 4 Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 14, #
8 Exhibit 15, # 9 Exhibit 16, # 10 Exhibit 17, # 11 Exhibit 18, # 12
Exhibit 19, # 13 Exhibit 20, # 14 Exhibit 21, # 15 Exhibit 22, # 16 Exhibit
23)(Bruce, Stephen) (Entered: 09/29/2008)
09/26/2008
289
MINUTE ORDER rsetting hearing on Defendants' 286 MOTION
For Extension of Time For Scheduled Hearing: Telephonic Motion Hearing
RESET to 9/29/2008 at 1:00 p.m. Counsel shall coordinate to create a
conference call, then contact the Court at (303) 844-2117 to participate
in the hearing. Entered by Magistrate Judge Craig B Shaffer on 9/26/08.
(Text only entry - no document attached)(cbssec) (Entered: 09/26/2008)
09/26/2008
288
MINUTE ORDER setting hearing on Defendants' 286 MOTION
For Extension of Time For Scheduled Hearing: Telephonic Motion Hearing
will be held on 9/30/2008 10:00 a.m. Counsel shall coordinate to create
a conference call, then contact the Court at (303) 844-2117 to participate
in the hearing. Entered by Magistrate Judge Craig B Shaffer on 9/26/08.
(Text only entry - no document attached)(cbssec) (Entered: 09/26/2008)
09/26/2008
287
MEMORANDUM regarding 286 MOTION For Extension of Time
For Scheduled Hearing filed by El Paso Corporation, El Paso Pension Plan.
Motions referred to Magistrate Judge Craig B Shaffer by Judge Walker
D. Miller on 9/26/08. (Text Only Entry - No Document Attached)(wdmsec,
) (Entered: 09/26/2008)
09/25/2008
286
MOTION For Extension of Time For Scheduled Hearing by
Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren)
(Entered: 09/25/2008)
09/16/2008
285
MINUTE ORDER granting 283 Plaintiffs Unopposed Motion
for Extension of Time to Reply to Mercers Response to Motion to Enforce
Subpoena Duces Tecum. The reply to Mercers Response to Motion to Enforce
Subpoena Duces Tecum is due by09/29/2008 by Magistrate Judge Craig B
Shaffer on 09/16/2008.(sah, ) (Entered: 09/16/2008)
09/16/2008
284
MEMORANDUM regarding 283 Unopposed MOTION for Extension
of Time to File Response/Reply as to 279 Response to Motion, filed by
Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. Motions referred
to Magistrate Judge Craig B Shaffer. Signed by Judge Walker D. Miller
on 9/16/08. (wdmcd) (Text Only Entry - No Document Attached) (Entered:
09/16/2008)
09/16/2008
283
Unopposed MOTION for Extension of Time to File Response/Reply
as to 279 Response to Motion, by Plaintiffs Wayne Tomlinson, Alice Ballesteros,
Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF Only))(Bruce, Stephen)
(Entered: 09/16/2008)
09/15/2008
282
MINUTE ORDER. A Motion Hearing on Plaintiffs Motion to
Enforce Subpoenaduces Tecum to Mercer 263 is set for 10/06/2008 at 8:30
a.m. in Courtroom A- 402, Fourth Floor, of the Alfred A. Arraj U.S. Courthouse,
901 19th Street, Denver, Colorado by Magistrate Judge Craig B Shaffer
on 09/15/2008. (sah, ) (Entered: 09/15/2008)
09/05/2008
281
RESPONSE to 280 Notice (Other), Notice (Other) of Supplemental
Authority in Support of Response to Motion for Reconsideration by Plaintiffs
Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Bruce, Stephen)
(Entered: 09/05/2008)
09/04/2008
280
NOTICE re 226 Brief in Opposition to Motion,, Defendants'
Second Notice of Supplemental Authority in Support of Response to Motion
for Reconsideration by Defendants El Paso Corporation, El Paso Pension
Plan (Attachments: # 1 Exhibit)(Rillo, Christopher) (Entered: 09/04/2008)
09/02/2008
279
RESPONSE to Motion re 263 MOTION to Enforce Subpoena Duces
Tecum to Mercer filed by Interested Party Mercer Human Resource Consulting,
Inc.. (Attachments: # 1 Exhibit A to Mercer's Response to Plaintiffs'
Motion to Enforce Subpoena Duces Tecum to Mercer)(Toll, Christopher)
(Entered: 09/02/2008)
08/19/2008
278
MINUTE ORDER granting Mercer Human Resource Consulting's
275 Motion for Extension of Time to File Response to Plaintiff's 263
Motion to Enforce Subpoena Duces Tecum to Mercer. The deadline to respond
is extended to 9/1/08. Entered by Magistrate Judge Craig B Shaffer on
8/19/08. (Text only entry - no document attached) (cbssec) (Entered:
08/19/2008)
08/18/2008
277
Docket Annotation re: 275 Second MOTION for Extension
of Time to File Response/Reply to Plaintiffs' Motion to Enforce Subpoena
Duces Tecum to Mercer. Entry modified on 8/18/2008 to create linkage
to the Motion to Enforce Subpoena Duces Tecum to Mercer. Text only entry
- no document attached (sah, ) (Entered: 08/18/2008)
08/18/2008
276
MEMORANDUM regarding 275 Second MOTION for Extension of
Time to File Response/Reply to Plaintiffs' Motion to Enforce Subpoena
Duces Tecum to Mercer filed by Mercer Human Resource Consulting, Inc..Motions
referred to Magistrate Judge Craig B Shaffer by Judge Walker D. Miller
on 8/18/08. (Text Only Entry - No Document Attached)(wdmsec, ) (Entered:
08/18/2008)
08/15/2008
275
Second MOTION for Extension of Time to File Response/Reply
to 263 Plaintiffs' Motion to Enforce Subpoena Duces Tecum to Mercer by
Interested Party Mercer Human Resource Consulting, Inc.. (Attachments:
# 1 Proposed Order (PDF Only) Proposed Order)(Toll, Christopher) Modified
on 8/18/2008 to create linkage to the Motion to Enforce Subpoena Duces
Tecum to Mercer (sah, ). (Entered: 08/15/2008)
08/15/2008
274
TRANSCRIPT of Discovery Conference held on 7-30-08 before
Magistrate Judge Shaffer. Pages: 1-64.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent
to Redact, of the party's intent to redact personal identifiers from
the electronic transcript of the court proceeding. If a Notice of Intent
to Redact is not filed within the allotted time, this transcript will
be made electronically available after 90 days. Please see the Notice
of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased
through the Court Reporter/Transcriber prior to the 90 day deadline for
electronic posting on PACER. Release of Transcript Restriction set for
11/13/2008. (Avery Woods Reporting, ) (Entered: 08/15/2008)
08/04/2008
273
MINUTE ORDER granting 269 Mercers Motion for Extension
of Time to Respond to Plaintiffs Motion to Enforce Subpoena duces Tecum
to Mercer. The deadline for Mercer to respond is extended to 8/18/2008
by Magistrate Judge Craig B Shaffer on 08/04/2008.(sah, ) (Entered: 08/04/2008)
08/01/2008
272
RESPONSE to Motion re 269 MOTION for Extension of Time
to File Response/Reply as to 263 MOTION to Enforce Subpoena Duces Tecum
to Mercer filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary
Muckelroy. (Bruce, Stephen) (Entered: 08/01/2008)
07/30/2008
271 COURTROOM MINUTES/MINUTE ORDER for proceedings held before
Magistrate Judge Craig B Shaffer. Discovery Conference held on 7/30/2008:
The documents inadvertently produced to plaintiffs' counsel on February
14, 2008 by El Paso Corporation are not required to be returned to El
Paso for the reasons articulated on the record. The disputed documents
may be retained by plaintiffs. (FTR - Ben Van Dyke) (cbscd) (Entered:
07/30/2008)
07/30/2008
270 MEMORANDUM regarding 269 MOTION for Extension of Time
to File Response/Reply as to 263 MOTION to Enforce Subpoena Duces Tecum
to Mercer filed by Mercer Human Resource Consulting, Inc.. Motions referred
to Magistrate Judge Craig B Shaffer by Judge Walker D. Miller on 7/30/08.
(Text Only Entry - No Document Attached)(wdmsec, ) (Entered: 07/30/2008)
07/30/2008
269 MOTION for Extension of Time to File Response/Reply as
to 263 MOTION to Enforce Subpoena Duces Tecum to Mercer by Interested
Party Mercer Human Resource Consulting, Inc.. (Attachments: # 1 Proposed
Order (PDF Only))(Toll, Christopher) (Entered: 07/30/2008)
07/22/2008
268 MINUTE ORDER, A Magistrate Conference is set for 7/30/2008
10:30 AM in Courtroom A 402 by Magistrate Judge Craig B Shaffer on 07/22/2008.
(sah, ) (Entered: 07/23/2008)
07/22/2008
267 MINUTE ORDER setting hearings: Magistrate Conference set
for 7/22/2008 at 10:30 a.m. in Courtroom A 402 before Magistrate Judge
Shaffer. Entered by Magistrate Judge Craig B Shaffer on 7/22/08. (cbssec)
(Entered: 07/22/2008)
07/15/2008
266 BRIEF in Support re 247 MOTION for In Camera Inspection
Defendants' Motion for In Camera Review of Documents Inadvertently Produced
to Plaintiffs on February 14, 2008 filed by Defendants El Paso Corporation,
El Paso Pension Plan. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit,
# 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Rillo, Christopher) (Entered:
07/15/2008)
07/15/2008
265 MEMORANDUM regarding 263 MOTION to Enforce Subpoena Duces
Tecum to Mercer filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy.
Motions referred to Magistrate Judge Craig B Shaffer by Judge Walker
D. Miller on 7/14/08. (Text Only Entry - No Document Attached)(wdmsec,
) (Entered: 07/15/2008)
07/14/2008
264 BRIEF in Support re 263 MOTION to Enforce Subpoena Duces
Tecum to Mercer 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)(Bruce,
Stephen) (Entered: 07/14/2008)
07/14/2008
263 MOTION to Enforce Subpoena Duces Tecum to Mercer by Plaintiffs
Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments: # 1
Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 07/14/2008)
07/14/2008
262 MINUTE ORDER granting 260 Motion to Withdraw as Attorney.
Attorney Raymond W. Martin terminated by Magistrate Judge Craig B Shaffer
on 07/14/2008.(sah, ) (Entered: 07/14/2008)
07/14/2008
261 MEMORANDUM regarding 260 Unopposed MOTION to Withdraw
as Attorney (Raymond W. Martin) filed by El Paso Corporation, El Paso
Pension Plan. Motions referred to Magistrate Judge Craig B Shaffer by
Judge Walker D. Miller on 7/14/08. (Text Only Entry - No Document Attached)(wdmsec,
) (Entered: 07/14/2008)
07/11/2008
260 Unopposed MOTION to Withdraw as Attorney (Raymond W. Martin)
by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments:
# 1 Proposed Order (PDF Only) Order)(Martin, Raymond) (Entered: 07/11/2008)
07/11/2008
259 AMENDED Minute Entry for proceedings held before Magistrate
Judge Craig B Shaffer: Defendants Motion for In Camera Review of Documents
InadvertentlyProduced to Plaintiffs on 2/14/2080( 247 and Plaintiffs
Motionfor In Camera Review of Inadvertently Produced Spreadsheets Identifiedin
5/2/2008 Privilege Log 250 are granted for the reasons stated onthe record.
Defendants counsel shall file a responsive brief to 251 andprovide the
referenced documents for in camera review by 7/15/2008.The documents
shall be provided in both hard copy and disc formats, asdiscussed on
the record. No reply shall be allowed absent a showing of goodcause by
plaintiffs counsel. (Court Reporter FTR-Ben Van Dyke.) (sah, ) (Entered:
07/11/2008)
07/10/2008
258 COURTROOM MINUTES/MINUTE ORDER for proceedings held before
Magistrate Judge Craig B Shaffer. Telephonic Status Conference held on
7/10/2008: Granting 247 Motion for In Camera Inspection and Granting
250 Motion for In Camera Inspection. Defendants' counsel shall file a
responsive brief to 251 and provide the referenced documents for in camera
review by 7/15/2007. No reply shall be allowed absent a showing of good
cause. (FTR - Ben Van Dyke) (cbscd) (Entered: 07/11/2008)
07/07/2008
257 BRIEF re 235 Response to Motion,, 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,,,,,,,,,,,,,,,,, 213 Order on Motion to Certify Class, Order on
Motion for Judgment, Order on Motion for Leave, Order on Motion to Strike,,,,,,,,,,,,,,,,
Defendants' Reply in Support of Evidentiary Objections in Connection
with Plaintiff's Motion for Reconsideration of March 19, 2008 Decision
by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren)
(Entered: 07/07/2008)
06/30/2008
256
BRIEF in Support re 232 MOTION for Partial Summary Judgment
On Claim V filed by Defendants El Paso Corporation, El Paso Pension Plan.
(Attachments: # 1 Exhibit J, Part 1, # 2 Exhibit J, Part 2, # 3 Exhibit
J, Part 3, # 4 Exhibit J, Part 4, # 5 Exhibit J, Part 5, # 6 Exhibit
J, Part 6, # 7 Deposition Excerpts J, Part 7, # 8 Exhibit J, Part 8,
# 9 Exhibit K, Part 1, # 10 Exhibit K, Part 2.pdf, # 11 Exhibit K, Part
3.pdf, # 12 Exhibit L, Part 1, # 13 Exhibit L, Part 2.pdf, # 14 Exhibit
M, Part 1.pdf, # 15 Exhibit M, Part 2.pdf)(Nadel, Darren) (Entered: 06/30/2008)
06/25/2008
255
RESPONSE to 254 Notice (Other) (Supplemental Authority)
by Defendants El Paso Corporation, El Paso Pension Plan. (Nadel, Darren)
Modified on 6/26/2008 to remove system generated duplicate text(sah,
). (Entered: 06/25/2008)
06/24/2008
254
NOTICE 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,,,,,,,,,,,,,,,,
Statement of Supplemental Authority by Plaintiffs Wayne Tomlinson, Alice
Ballesteros, Gary Muckelroy (Attachments: # 1 Exhibit 1, # 2 Exhibit
2)(Bruce, Stephen) (Entered: 06/24/2008)
06/24/2008
253
MINUTE ORDER, A Telephonic Status Conference to discuss
Defendants Motion for In Camera Review of Documents Inadvertently Produced
to Plaintiffs on February 14, 2008 247 and Plaintiffs Motion for In Camera
Review of Inadvertently Produced Spreadsheets Identified in 5/2/2008
Privilege Log 250 is set for 7/10/2008 03:30 PM by Magistrate Judge Craig
B Shaffer on 06/24/2008. (sah, ) (Entered: 06/24/2008)
06/23/2008
252
MEMORANDUM regarding 250 MOTION for In Camera Inspection
filed by Alice Ballesteros, Wayne Tomlinson, Gary Muckelroy. Motions
referred to Magistrate Judge Craig B Shaffer by Judge Walker D. Miller
on 6/23/08. (Text Only Entry - No Document Attached)(wdmsec, ) (Entered:
06/23/2008)
06/23/2008
251
BRIEF in Support re 250 MOTION for In Camera Inspection
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: 06/23/2008)
06/23/2008
250
MOTION for In Camera Inspection by Plaintiffs Wayne Tomlinson,
Alice Ballesteros, Gary Muckelroy. (Attachments: # 1 Proposed Order (PDF
Only))(Bruce, Stephen) (Entered: 06/23/2008)
06/23/2008
249
TRANSCRIPT of Motions Hearing held on 4-16-08 before Magistrate
Judge Shaffer. Pages: 1-113.
NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this
filing, each party shall inform the Court, by filing a Notice of Intent
to Redact, of the party's intent to redact personal identifiers from
the electronic transcript of the court proceeding. If a Notice of Intent
to Redact is not filed within the allotted time, this transcript will
be made electronically available after 90 days. Please see the Notice
of Electronic Availability of Transcripts document at www.cod.uscourts.gov.
Transcript may only be viewed at the court public terminal or purchased
through the Court Reporter/Transcriber prior to the 90 day deadline for
electronic posting on PACER. Release of Transcript Restriction set for
9/22/2008. (Avery Woods Reporting, ) (Entered: 06/23/2008)
06/23/2008
248
MEMORANDUM regarding 247 MOTION for In Camera Inspection
Defendants' Motion for In Camera Review of Documents Inadvertently Produced
to Plaintiffs on February 14, 2008 filed by El Paso Corporation, El Paso
Pension Plan.Motions referred to Magistrate Judge Craig B Shaffer by
Judge Walker D. Miller on 6/23/08. (Text Only Entry - No Document Attached)(wdmsec,
) (Entered: 06/23/2008)
06/23/2008
247
MOTION for In Camera Inspection Defendants' Motion for
In Camera Review of Documents Inadvertently Produced to Plaintiffs on
February 14, 2008 by Defendants El Paso Corporation, El Paso Pension
Plan. (Rillo, Christopher) (Entered: 06/23/2008)
06/19/2008
246
REPLY to Response to Motion 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,,,,,,,,,,,,,,,, Plaintiffs' Opposition to Defendants' "Evidentiary
Objections" in Opposition to Plaintiffs' Reply in Support of Motion
for Reconsideration filed by Plaintiffs Wayne Tomlinson, Alice Ballesteros,
Gary Muckelroy. (Bruce, Stephen) (Entered: 06/19/2008)
06/18/2008
245
MINUTE ORDER granting 243 Defendants Unopposed Motion
for Extension of Time to File a Reply in Support of Defendants Motion
for Partial Summary Judgment on Claim V. The deadline is extended to
6/30/2008 by Magistrate Judge Craig B Shaffer on 06/18/2008.(sah, ) (Entered:
06/18/2008)
06/18/2008
244
MEMORANDUM regarding 243 Unopposed MOTION for Extension
of Time to File Response/Reply as to 232 MOTION for Partial Summary Judgment
On Claim VUnopposed MOTION for Extension of Time to File Response/Reply
as to 232 MOTION for Partial Summary Judgment On Claim V filed by El
Paso Corporation, El Paso Pension Plan. Motions referred to Magistrate
Judge Craig B Shaffer by Judge Walker D. Miller on 6/18/08. (Text Only
Entry - No Document Attached)(wdmsec, ) (Entered: 06/18/2008)
06/18/2008
243
Unopposed MOTION for Extension of Time to File Response/Reply
as to 232 MOTION for Partial Summary Judgment On Claim V by Defendants
El Paso Corporation, El Paso Pension Plan. (Attachments: # 1 Proposed
Order (PDF Only) Proposed Order)(Nadel, Darren) (Entered: 06/18/2008)
06/17/2008
242
MINUTE ORDER granting 240 Plaintiffs Unopposed Motion
to Amend Minute Order on Discovery. The deadline for Plaintiffs to file
a motion or motions to enforce the subpoenas duces tecum served on Mercer
and Hewitt is extended to 7/14/2008. The deadline for expert depositions
is extended to 7/30/2008 by Magistrate Judge Craig B Shaffer on 06/17/2008.(sah,
) (Entered: 06/17/2008)
06/16/2008
241
MEMORANDUM regarding 240 Unopposed MOTION For Extension
of Time to Conduct Discovery filed by Alice Ballesteros, Wayne Tomlinson,
Gary Muckelroy.Motions referred to Magistrate Judge Craig B Shaffer by
Judge Walker D. Miller on 6/16/08. (Text Only Entry - No Document Attached)(wdmsec,
) (Entered: 06/16/2008)
06/13/2008
240
Unopposed MOTION For Extension of Time to Conduct Discovery
by Plaintiffs Wayne Tomlinson, Alice Ballesteros, Gary Muckelroy. (Attachments:
# 1 Proposed Order (PDF Only))(Bruce, Stephen) (Entered: 06/13/2008)
06/10/2008
239
MOTION to Supplement 226 Brief in Opposition to Motion,,
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,,,,,,,,,,,,,,,, Notice of Supplemental
Authority) by Defendants El Paso Corporation, El Paso Pension Plan. (Attachments:
# 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2, # 3 Exhibit A, Part 3,
# 4 Exhibit A, Part 4, # 5 Exhibit A, Part 5, # 6 Exhibit A, Part 6,
# 7 Exhibit A, Part 7)(Nadel, Darren) (Entered: 06/10/2008)
06/06/2008
238
NOTICE re 220 MOTION for Partial Summary Judgment (On
ADEA Claim for Failure to File a Timely Charge of Discrimination) (Notice
of Supplemental Authority) by Defendants El Paso Corporation, El Paso
Pension Plan (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part
2, # 3 Exhibit A, Part 3)(Nadel, Darren) (Entered: 06/06/2008)
06/06/2008
237
BRIEF in Opposition re 232 MOTION for Partial Summary
Judgment On Claim V 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, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12 (Affidavit))(Bruce,
Stephen) (Entered: 06/06/2008)
05/27/2008
236
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,,,,,,,,,,,,,,,, Defendants' Brief in Support of Evidentiary Objections
filed by Defendants El Paso Corporation, El Paso Pension Plan. (Rillo,
Christopher) (Entered: 05/27/2008)
05/27/2008
235
RESPONSE to Motion 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,,,,,,,,,,,,,,,,
Defendants' Evidentiary Objections in Opposition to Plaintiffs' Reply
Memorandum filed by Defendants El Paso Corporation, El Paso Pension Plan.
(Rillo, Christopher) (Entered: 05/27/2008)
05/16/2008
234
TRANSCRIPT of Discovery Conference held on 4-17-08 before
Magistrate Judge Shaffer. Pages: 1-54. 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: 05/16/2008)
05/14/2008
233
BRIEF in Support re 232 MOTION for Partial Summary Judgment
On Claim V filed 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, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit
I)(Nadel, Darren) (Entered: 05/14/2008)
05/14/2008
232
MOTION for Partial Summary Judgment On Claim V by Defendants
El Paso Corporation, El Paso Pension Plan. (Nadel, Darren) (Entered:
05/14/2008)
05/12/2008
231
REPLY to Response to Motion 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 Plaintiffs Wayne Tomlinson, Alice Ballesteros,
Gary Muckelroy. (Attachments: # 1 Exhibit 4, # 2 Exhibit 5, # 3 Exhibit
6, # 4 Exhibit 7, # 5 Exhibit 8, # 6 Exhibit 9)(Bruce, Stephen) (Entered:
05/12/2008)
05/02/2008
230
Docket Annotation re: 214 Renewed MOTION for Sanctions
for Non-Compliance with August 31, 2007 Order, 208 MOTION to Compel Responses
to Deposition Questions and For Sanctions. Entries modified as WITHDRAWN
pursuant to Minute Order dated 4/28/2008 Text only entry - no document
attached (sah, ) (Entered: 05/02/2008)
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)
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