BERKLEY v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:98-cv-00943-MBH
District Judge Marian Blank Horn, presiding

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No Logo RONALD F. BERKLEY, Plaintiff

Toggle Switch Represented by Kutak Rock, LLP

Name Phone Fax E-Mail
Space Barry P. Steinberg +1 202 828 2400 barry.steinberg@kutakrock
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Represented by United States Department of Justice

No Logo WAYNE PHILIPS, Movant
Office COFC
Filed 12/30/1998
Jury Demand
Demand $0
Nature of Suit 346 - Military Pay - Correct/Reinstate
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Preliminary Injunction
County
Terminated
Origin 4
Reopened 7/8/2002
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags CLASS, REOPEN
  Entries (199) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 180 Filed: 7/31/2008, Entered: 8/5/2008 Joint Status Report
JOINT STATUS REPORT, filed by RONALD F. BERKLEY, USA. (dls)
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    Blank 179 Filed: 5/15/2008, Entered: 5/28/2008 Stipulation for Entry of Judgment
    STIPULATION for Entry of Judgment as to 8 plaintiffs, filed by all parties. (dls)
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      Blank 178 Filed: 5/12/2008, Entered: 5/12/2008 Court Filing
      ORDER RETURNING UNFILED: Stipulation for Entry of Judgment received April 30, 2008, and directing defendant's attorney of record to sign the document and resubmit it. Signed by Judge Marian Blank Horn. (dls)
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        Blank 177 Filed: 4/30/2008, Entered: 5/5/2008 Status Report
        JOINT STATUS REPORT, filed by RONALD F. BERKLEY, USA. Service: 4/30/08.(dls)
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          Blank 176 Filed: 3/6/2008, Entered: 3/10/2008 Stipulation for Entry of Judgment
          STIPULATION of Entry of Judgment as to seven plaintiffs, filed by all parties.. (dls)
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            Blank 175 Filed: 2/1/2008, Entered: 2/4/2008 Joint Status Report
            JOINT STATUS REPORT, filed by all parties. Service: 1/31/2008.(hw1, )
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              Blank 174 Filed: 12/17/2007, Entered: 12/18/2007 Stipulation for Entry of Judgment
              STIPULATION of Entry of Judgment, filed by RONALD F. BERKLEY, USA. Service: 12/17/2007.(hw1, )
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                Blank 173 Filed: 10/30/2007, Entered: 11/1/2007 Joint Status Report
                JOINT STATUS REPORT, filed by RONALD F. BERKLEY, USA. Service: 10/31/2007.(mb2)
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                  Blank 172 Filed: 8/17/2007, Entered: 8/31/2007 Status Report
                  JOINT STATUS REPORT, filed by RONALD F. BERKLEY, USA [by leave of the judge]. (dls)
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                    Blank 171 Filed: 8/13/2007, Entered: 8/16/2007 Stipulation for Entry of Judgment
                    STIPULATION for Entry of Judgment, as to the ten plaintiffs listed in the stipulation, filed by all parties. (dls)
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                      Blank 170 Filed: 4/30/2007, Entered: 5/3/2007 Joint Status Report
                      JOINT STATUS REPORT, filed by all parties. Service: 4/30/2007.(mb2)
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                        Blank 169 Filed: 1/31/2007, Entered: 2/2/2007 Status Report
                        JOINT STATUS REPORT filed by RONALD F. BERKLEY, USA. (dls )
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                          Blank 168 Filed: 10/31/2006, Entered: 11/3/2006 Status Report
                          JOINT STATUS REPORT, filed by RONALD F. BERKLEY, USA. (dls )
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                            Blank 167 Filed: 8/2/2006, Entered: 8/2/2006
                            JOINT STATUS REPORT by RONALD F. BERKLEY, USA filed [by leave of the judge]. (dls )
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                              Blank 166 Filed: 5/4/2006, Entered: 5/11/2006 Status Report/OrderCourt Filing
                              STATUS REPORT ORDER: Status Report due by 7/28/2006. Signed by Judge Marian Blank Horn. (mb2, )
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                                Blank 165 Filed: 4/28/2006, Entered: 5/3/2006 Joint Status Report
                                JOINT STATUS REPORT, filed by all parties. Service: 4/28/2006.(mb2, )
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                                  Blank 164 Filed: 1/31/2006, Entered: 2/2/2006 Joint Status Report
                                  JOINT STATUS REPORT, filed by all parties. Service: 1/31/2006.(mb2, )
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                                    Blank 162 Filed: 10/31/2005, Entered: 11/2/2005 Joint Status Report
                                    JOINT STATUS REPORT, filed by all parties. Service: 10/31/2005.(mb2, )
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                                      Blank 163 Filed: 10/12/2005, Entered: 2/2/2006 Status Report/OrderCourt Filing
                                      STATUS REPORT ORDER: Status Report due by 10/31/2005, 1/31/2006, 4/28/2006, and at quaterly intervals thereafter. Signed by Judge Marian Blank Horn. (mb2, )
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                                        Blank 161 Filed: 10/21/2004, Entered: 10/27/2004 Stipulation
                                        STIPULATION FOR ENTRY OF JUDGMENT by all parties. (lld, )
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                                          Blank 160 Filed: 8/3/2004, Entered: 8/6/2004 Stipulation
                                          STIPULATION FOR ENTRY OF JUDGMENT by RONALD F. BERKLEY, USA. Service: 08/03/2004.(lld, )
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                                            Blank 159 Filed: 6/22/2004, Entered: 6/22/2004
                                            STIPULATION for entry of judgment as to 520 plaintiffs filed by RONALD F. BERKLEY, USA [by leave of the judge]. (dls)
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                                              Blank 158 Filed: 4/13/2004, Entered: 4/16/2004 TranscriptCourt Filing
                                              TRANSCRIPT of Proceedings (1 volume) held on 03/11/2004 before Judge Horn. (lld, )
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                                                Blank 157 Filed: 4/8/2004, Entered: 4/9/2004 TranscriptCourt Filing
                                                TRANSCRIPT of Proceedings in One Volume held on 3/9/2004 before Judge Marian Blank Horn. (jcp, )
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                                                  Blank 156 Filed: 3/12/2004, Entered: 3/16/2004 Scheduling OrderCourt Filing
                                                  SCHEDULING ORDER: On or before Monday, 6/7/2004, counsel for both parties shall file a joint stipulation for entry of judgment for pltfs selecting the lump-sum payment option. On or before Wednesday, 8/4/2004, counsel for both parties shall file a joint stipulation for entry of judgment for those Special Board option pltfs who are deemed to have selected the payment option for failure to provide th information required by Annex 2 to the Settlement Agreement. Within 30 days of all events necessary to fix liability for back pay, counsel for both parties shall file a joint stipulation for entry of judgment for those paltfs who are selected for retention by the Special Board. Signed by Judge Marian Blank Horn. (jcp, )
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                                                    Blank -- Filed: 3/11/2004, Entered: 3/11/2004
                                                    Set/Reset Transcript Deadlines: Transcript due by 4/9/2004. (vp1, )
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                                                      Blank -- Filed: 3/11/2004, Entered: 3/11/2004
                                                      Set/Reset Transcript Deadlines: Transcript due by 4/12/2004. (vp1, )
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                                                        Blank 155 Filed: 3/10/2004, Entered: 3/12/2004 Joint Status Report
                                                        JOINT STATUS REPORT by all parties. Service: 3/10/2004.(jcp, )
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                                                          Blank 154 Filed: 3/1/2004, Entered: 3/3/2004 Status Conference OrderCourt Filing
                                                          STATUS CONFERENCE ORDER: The court, hereby, SCHEDULES a Joint Status Conference to be held on Tuesday, 3/9/2004 10:30 AM in National Courts Building before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (jcp, )
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                                                            Blank 153 Filed: 2/26/2004, Entered: 2/29/2004 Motion for Clarification
                                                            MOTION for Clarification and Joint Status Report by RONALD F. BERKLEY, USA. Response due by 3/15/2004 (lld, )
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                                                              Blank 152 Filed: 2/20/2004, Entered: 2/23/2004 Published OpinionCourt Filing
                                                              PUBLISHED OPINION (re: [127] MOTION for approval of settlement filed by RONALD F. BERKLEY) finding the proposed Settlement Agreement between the United States and the former Air Force officers to be fair, adequate and reasonable; and APPROVING said Settlement Agreement.Signed by Judge Marian Blank Horn. (dls)
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                                                                Blank 151 Filed: 8/29/2003, Entered: 9/2/2003 Supplemental BriefCourt Filing
                                                                SUPPLEMENTAL FILING in Support of Settlement Fairness Determination by USA, Filed by Leave of the Judge. Service: 7/15/03.(jcp, )
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                                                                  Blank 150 Filed: 8/29/2003, Entered: 9/2/2003 Order on Motion to Amend/CorrectCourt Filing
                                                                  ORDER granting [136] Dft's Motion to Amend Motion to Remove Certain Class Members. The court ORDERS that Mr. Steven T. Liddy, Mr. Timothy Nelson, Mr. Gregory A. Cate shall be STRICKEN as members of the above captioned class action. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                    Blank 149 Filed: 8/6/2003, Entered: 8/8/2003 ~Notice (other)
                                                                    NOTICE of Decision in Christian v. United States by RONALD F. BERKLEY per [142] Scheduling Order of July 10, 2003. Service: 8/4/03.(jcp, )
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                                                                      Blank 148 Filed: 8/6/2003, Entered: 8/8/2003 Status Report
                                                                      STATUS REPORT by USA. Service: 8/6/03.(jcp, )
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                                                                        Blank 147 Filed: 7/23/2003, Entered: 7/24/2003 Supplemental Brief
                                                                        REVISED Listing and Apendix per [142] Scheduling Order of July 10, 2003. Service: 7/18/03.(jcp, )
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                                                                          Blank 146 Filed: 7/22/2003, Entered: 7/23/2003 ~Notice (other)
                                                                          FILING REGARDING APPEALABILITY by UNITED STATES per [142] Scheduling Order of July 10, 2003. Service: 7/22/03.(jcp, )
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                                                                            Blank 145 Filed: 7/15/2003, Entered: 7/17/2003 Motion for Extension of Time
                                                                            UNOPPOSED MOTION for Extension of Time until 7/22/03 to file Portion of Supplemental Filing in Support of Settlement Fairness Determination by UNITED STATES.Service: 7/15/03. Response due by 8/1/2003.(jcp, )
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                                                                              Blank 144 Filed: 7/15/2003, Entered: 7/17/2003 Supplemental Brief
                                                                              SUPPLEMENTAL MEMORANDUM on Fairness Hearing Issues by Pltf. Service: 7/14/03.(jcp, )
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                                                                                Blank 143 Filed: 7/11/2003, Entered: 7/14/2003 Status Report
                                                                                STATUS REPORT by UNITED STATES. Service: 7/11/03.(jcp, )
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                                                                                  Blank 142 Filed: 7/10/2003, Entered: 7/14/2003 Scheduling OrderCourt Filing
                                                                                  SCHEDULING ORDER:At the close of the fairness hearing, the court ORDERED that, on or before Tuesday, 7/15/2003, the parties shall file post-hearing submissions addressing issues set forth in order; On or before 7/22/2003, class counsel shall file with the court a revised appendix of statements of support and objection by class members, and an accopanying index of objections and responses; The court further ORDERS the parties to file a notice within ten (10) days of a decision by the US Court of Appeals for the Federal Circuit in Christian v. US, Fed. Cir. No. 02-5165, together with their respective positions on the impact of the decision on the case and on the proposed settlement agreement. Signed by Judge Marian Blank Horn. (jcp, ) Modified on 7/15/2003 (dls, ).
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                                                                                    Blank 141 Filed: 7/8/2003, Entered: 7/9/2003 TranscriptCourt Filing
                                                                                    TRANSCRIPT of Proceedings held on July 1, 2003 before Judge Marian Blank Horn. (dw1, )
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                                                                                      Blank -- Filed: 7/2/2003, Entered: 7/2/2003
                                                                                      Set/Reset Transcript Deadlines: Transcript due by 8/1/2003. (vp1, )
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                                                                                        Blank 140 Filed: 6/30/2003, Entered: 7/2/2003 TranscriptCourt Filing
                                                                                        TRANSCRIPT of Proceedings held on June 19, 2003 before Judge Marian Blank Horn. (dw1, )
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                                                                                          Blank 139 Filed: 6/27/2003, Entered: 7/1/2003 Supplemental Brief
                                                                                          SUPPLEMENTAL Notification to the Court file by UNITED STATES. Service: 6/27/03.(jcp, )
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                                                                                            Blank 138 Filed: 6/27/2003, Entered: 6/30/2003 Supplemental Brief
                                                                                            SUPPLEMENTATION of Objections Listing. Service: 6/26/03.(jcp, )
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                                                                                              Blank 137 Filed: 6/27/2003, Entered: 6/30/2003 Response to Motion
                                                                                              RESPONSE to [125] Dft's MOTION to Remove Certain Class Members filed by RONALD F. BERKLEY. Reply due by 7/11/2003. Service: 6/26/03.(jcp, )
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                                                                                                Blank 136 Filed: 6/24/2003, Entered: 6/25/2003, Terminated: 8/29/2003 Terminated:
                                                                                                MOTION to Amend [125] MOTION to remove certain class members by UNITED STATES.Service: 6/24/03. Response due by 7/11/2003. (dw1, )
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                                                                                                  Blank -- Filed: 6/24/2003, Entered: 6/24/2003
                                                                                                  Set/Reset Transcript Deadlines: Transcript due by 7/7/2003. (vp1, )
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                                                                                                    Blank 131 Filed: 6/23/2003, Entered: 6/24/2003 Response
                                                                                                    RESPONSE/REPLY to [128] Defendant's Brief in Support of Approval of Proposed Settlement filed by RONALD F. BERKLEY. Service: 6/21/03.(jcp, )
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                                                                                                      Blank 130 Filed: 6/23/2003, Entered: 6/23/2003
                                                                                                      Order,(filed June 20, 2003), motion being returned to indiviual plaintiff, Wayne Philips, this day. (bre, )
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                                                                                                        Blank 135 Filed: 6/20/2003, Entered: 6/24/2003 Reply to Response to MotionCourt Filing
                                                                                                        REPLY to Response re [132] MOTION for limited Substitution of Attorney Wayne Philips in place of Barry P. Steinberg filed by WAYNE PHILIPS, filed by leave of the Judge.Service: 6/17/03.(hw1, )
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                                                                                                          Blank 134 Filed: 6/20/2003, Entered: 6/24/2003 Response to MotionCourt Filing
                                                                                                          RESPONSE to [132] MOTION (for limited) Substitution of Attorney Wayne Philips in place of Barry P. Steinberg filed by UNITED STATES, filed by leave of the Judge. Reply due by 7/7/2003. Service: 6/17/03.(hw1, )
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                                                                                                            Blank 133 Filed: 6/20/2003, Entered: 6/24/2003 Response to MotionCourt Filing
                                                                                                            RESPONSE to [132] MOTION (for limited) Substitution of Attorney Wayne Philips in place of Barry P. Steinberg filed by RONALD F. BERKLEY, filed by leave of the Judge. Reply due by 7/7/2003. Service: 6/16/03.(hw1, ) .
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                                                                                                              Blank 132 Filed: 6/20/2003, Entered: 6/24/2003 Motion to Substitute AttorneyCourt Filing
                                                                                                              MOTION for Limited Substitution of Attorney Wayne Philips in place of Barry P. Steinberg by RONALD F. BERKLEY, filed by leave of the Judge. Service: 5/31/03. Response due by 7/7/2003 (hw1, ).
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                                                                                                                Blank 128 Filed: 6/16/2003, Entered: 6/19/2003 Response
                                                                                                                Brief in Support of Approval of Proposed Settlement/RESPONSE to [122] Order of May 14, 2003 filed by UNITED STATES. Service: 06/16/03.(jcp, )
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                                                                                                                  Blank 129 Filed: 6/13/2003, Entered: 6/19/2003 Status Conference OrderCourt Filing
                                                                                                                  STATUS CONFERENCE ORDER: Status Conference set for 6/19/2003 03:15 PM in National Courts Building before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (dw1, )
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                                                                                                                    Blank 127 Filed: 6/10/2003, Entered: 6/17/2003 Terminated: Court Filing
                                                                                                                    MOTION for approval of settlement and supporting brief by RONALD F. BERKLEY, filed by leave of the Judge.Service: 6/3/03. Response due by 6/27/2003 (hw1, )
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                                                                                                                      Blank 126 Filed: 6/10/2003, Entered: 6/17/2003 OrderCourt Filing
                                                                                                                      ORDER directing the Clerk of the Court to file plaintiffs' motion for approval of the class action settlement and supporting brief. Signed by Judge Marian Blank Horn. (hw1, )
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                                                                                                                        Blank 125 Filed: 6/10/2003, Entered: 6/17/2003 Terminated:
                                                                                                                        MOTION to Amend/Remove Certain Class Members by UNITED STATES.Service: 06/10/03. Response due by 6/27/2003 (jcp, )
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                                                                                                                          Blank 124 Filed: 6/3/2003, Entered: 6/13/2003 Scheduling OrderCourt Filing
                                                                                                                          SCHEDULING ORDER directing parties to file briefs addressing issues in this order by 6/23/2003; class members to file statements supporting or objecting to the settlement argeement by 6/27/2003; and scheduling a fairness hearing on 7/1/2003 at 10:30 AM at the National Courts Building. Signed by Judge Marian Blank Horn. (dls, )
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                                                                                                                            Blank 123 Filed: 5/20/2003, Entered: 6/2/2003 TranscriptCourt Filing
                                                                                                                            TRANSCRIPT of Proceedings held on 5/9/03 before Judge Marian Blank Horn. (hw1, )
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                                                                                                                              Blank 120 Filed: 5/15/2003, Entered: 5/15/2003
                                                                                                                              Order (filed May 14, 2003), was forwarded to counsel of record and to the individual plaintiff Wayne Philips, this day. (bre, )
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                                                                                                                                Blank 122 Filed: 5/14/2003, Entered: 5/22/2003 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                ORDER re: (1) denying [81] Motion to disqualify the plaintiffs' class counsel; (2) Defendant shall file a more complete copy of the parties' class action settlement agreement, etc., by 5/16/03; (3) Plaintiffs to file brief in support of class action settlement agreement, etc., by 6/4/03; (4) Defendant shall file brief in support of class action settlement agreement, etc., by 6/16/03; (5) In the event that the court is able to arrive at a preliminary fairness determination, the plaintiffs may file a reply to defendant's brief by 6/23/03; (6) The Court also approved 7/1/03, as the anticipated date for the fairness hearing; and (7) Finally, the Court denies plaintiff Wayne Philips' 2/26/03 objection and motion to strikea portion of defendant's 1/30/03, filing. Signed by Judge Marian Blank Horn. (hw1, )
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                                                                                                                                  Blank 121 Filed: 5/14/2003, Entered: 5/22/2003 MemorandumCourt Filing
                                                                                                                                  MEMORANDUM in strict reply to Defendant's response to Plaintiff's response and motion to strike sections II and III of response to notice of contingent withdrawal of plaintiffs' motion to disqualify class counsel, etc. [No motion to Strike on the docket.] by RONALD F. BERKLEY. Filed by leave of the Judge. Service: 2/26/03.(hw1, )
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                                                                                                                                    Blank -- Filed: 5/9/2003, Entered: 5/9/2003
                                                                                                                                    Set/Reset Transcript Deadlines: Transcript due by 6/9/2003. (vp1, )
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                                                                                                                                      Blank 119 Filed: 5/2/2003, Entered: 5/7/2003 Joint Status Report
                                                                                                                                      JOINT STATUS REPORT by RONALD F. BERKLEY, The United States. Service: 5/2/03.(hw1, )
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                                                                                                                                        Blank 118 Filed: 4/16/2003, Entered: 4/23/2003 Scheduling OrderCourt Filing
                                                                                                                                        SCHEDULING ORDER: Joint Status Report due 5/2/2003 and Status Conference set for 5/9/2003 at 02:30 PM before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (lrd)
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                                                                                                                                          Blank 117 Filed: 4/7/2003, Entered: 4/10/2003 Status Report
                                                                                                                                          SUPPLEMENTAL STATUS REPORT by RONALD F. BERKLEY. Service: 4/4/03.(dw1, )
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                                                                                                                                            Blank 116 Filed: 3/6/2003, Entered: 3/10/2003 Status Report
                                                                                                                                            STATUS REPORT by RONALD F. BERKLEY. Service: 3/5/03. (HW)
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                                                                                                                                              Blank 115 Filed: 2/26/2003, Entered: 3/5/2003 AffidavitCourt Filing
                                                                                                                                              [DECLARATION] AFFIDAVIT by WAYNE PHILIPS Re: [114-1] motion reply by WAYNE PHILIPS, filed by leave of the Judge. Service 2/6/03. (HW)
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                                                                                                                                                Blank 114 Filed: 2/26/2003, Entered: 3/5/2003 Reply to Response to MotionCourt Filing
                                                                                                                                                REPLY by WAYNE PHILIPS to response to [105-1] motion to Withdraw [81-1] motion to disqualify class counsel due to actual and substantial conflict of interest and/or for appointment of plaintiffs' steering committee and memorandum by WAYNE PHILIPS, filed by leave of the Judge. Service: 2/6/03 (HW)
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                                                                                                                                                  Blank 113 Filed: 2/26/2003, Entered: 3/5/2003 Reply to Response to MotionCourt Filing
                                                                                                                                                  REPLY by USA to response to [81-1] motion to disqualify class counsel due to actual and substantial conflict of interest and/or for appointment of plaintiffs' steering committee and supporting memorandum, filed by leave of the Judge. Service: 2/6/03 (HW)
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                                                                                                                                                    Blank 112 Filed: 2/26/2003, Entered: 3/5/2003 Response to MotionCourt Filing
                                                                                                                                                    RESPONSE by USA (Service: 2/19/03 )to strike portions of defendant's 1/30/03 filing, filed by leave of the Judge. (HW)
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                                                                                                                                                      Blank 111 Filed: 2/20/2003, Entered: 2/26/2003 ~Notice (other)
                                                                                                                                                      NOTICE of of filing of copy of letter to class members by RONALD F. BERKLEY. Service: 2/15/03. (LTD)
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                                                                                                                                                        Blank 110 Filed: 2/19/2003, Entered: 2/26/2003 OrderCourt Filing
                                                                                                                                                        ORDER, re: further proceedings (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                                                                                          Blank 109 Filed: 2/12/2003, Entered: 2/24/2003 ResponseCourt Filing
                                                                                                                                                          RESPONSE by RONALD F. BERKLEY pursuant to [86-5] order. Service: 1/28/03. Filed by leave of the Judge. (LTD)
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                                                                                                                                                            Blank -- Filed: 2/5/2003, Entered: 2/5/2003
                                                                                                                                                            Status Conference held (FE)
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                                                                                                                                                              Blank 103 Filed: 2/3/2003, Entered: 2/5/2003 Transcript
                                                                                                                                                              TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of January 13, 2003. Notice to parties. (FE)
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                                                                                                                                                                Blank 108 Filed: 1/30/2003, Entered: 2/10/2003 Motion for Miscellaneous Relief
                                                                                                                                                                MOTION by RONALD F. BERKLEY (Service: 1/28/03) for an order directing Defendant to provide class counsel social security numbers. Response due: 2/14/03. (LTD)
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                                                                                                                                                                  Blank 107 Filed: 1/30/2003, Entered: 2/10/2003 Response
                                                                                                                                                                  RESPONSE by USA pursuant to [86-5] order. Service: 1/28/03. (LTD)
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                                                                                                                                                                    Blank 104 Filed: 1/29/2003, Entered: 2/6/2003 OrderCourt Filing
                                                                                                                                                                    ORDER Mr. Rockwell's status report due 2/14/03 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                                                                                                      Blank 106 Filed: 1/28/2003, Entered: 2/7/2003 Status Report
                                                                                                                                                                      STATUS REPORT by USA. Service: 1/28/03. (LTD)
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                                                                                                                                                                        Blank 105 Filed: 1/28/2003, Entered: 2/7/2003 Motion to Withdraw
                                                                                                                                                                        MOTION by RONALD F. BERKLEY (Service: 1/23/03) to Withdraw [81-1] motion to disqualify class counsel due to actual and substantial conflict of interest and/or for appointment of plaintiffs' steering committee and memorandum by WAYNE PHILIPS . (LTD)
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                                                                                                                                                                          Blank 86 Filed: 1/15/2003, Entered: 1/21/2003 OrderCourt Filing
                                                                                                                                                                          ORDER regarding: (1) The court is in receipt of fourteen motions from plaintiffs; (2) The Clerk's Office is directed to file the joinder motions; (3) The Clerk's Office is directed to return motions from two individual plaintiffs, Carlos M. Antoline and Sean D. McClung; (4) Individual plaintiff, Wayne Philips, shall file a brief in support of his motion to disqualify plaintiffs' counsel, etc., by deadline of 1/23/03 ; (5) Plaintiff and Defendant shall file a response to plaintiff Wayne Phillips' brief by deadline of 1/30/03 ; (6) Plaintiff Wayne Phillips and the individuals who have joined Mr. Phillips' motion to disqualify, file file a reply by deadline of 2/6/03 ; (7) As soon as it is approved, if it is approved, the defendant shall file a notice of approval, etc., by deadline of 1/31/03; and (8) Plaintiff shall file a status report detailing communications regarding settlement agreement, etc. by deadline of 3/7/03 ( signed by Sr. Judge Marian Blank Horn). Copy to parties. (HW)
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                                                                                                                                                                            Blank 102 Filed: 1/14/2003, Entered: 1/21/2003 OrderCourt Filing
                                                                                                                                                                            ORDER granting [101-1] joint motion to Amend list of Class Members, (list attached to joint motion) ( signed by Sr. Judge Marian Blank Horn ) Copy to parties. (HW)
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                                                                                                                                                                              Blank 101 Filed: 1/14/2003, Entered: 1/21/2003, Terminated: 1/14/2003 Terminated: Court Filing
                                                                                                                                                                              JOINT MOTION by RONALD F. BERKLEY, USA to Amend list of Class Members , filed by leave of the Judge. (HW)
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                                                                                                                                                                                Blank 100 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                NOTICE of Joinder (Thomas James Nations) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/11/02 (HW)
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                                                                                                                                                                                  Blank 99 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                  NOTICE of Joinder (Michael B. Kettering) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/7/02 (HW)
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                                                                                                                                                                                    Blank 98 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                    NOTICE of Joinder (Dale Johnson) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/7/02 (HW)
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                                                                                                                                                                                      Blank 97 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                      NOTICE of Joinder (Matthew Stadler) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/9/02 (HW)
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                                                                                                                                                                                        Blank 96 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                        NOTICE of Joinder (Charles Alan Hurry) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/23/02 (HW)
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                                                                                                                                                                                          Blank 95 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                          NOTICE of Joinder (Ann Mergo) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 1/6/03 (HW)
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                                                                                                                                                                                            Blank 94 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                            NOTICE of Joinder (Kevin R. Allen) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/4/02 (HW)
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                                                                                                                                                                                              Blank 93 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                              NOTICE of Joinder (Gus E. Vitali) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/9/02 (HW)
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                                                                                                                                                                                                Blank 92 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                                NOTICE of Joinder (Jeffrey R. Buddendeck) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/22/02 (HW)
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                                                                                                                                                                                                  Blank 91 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                                  NOTICE of Joinder (Mark Wendt) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/6/02 (HW)
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                                                                                                                                                                                                    Blank 90 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                                    NOTICE of Joinder (Russell H. Barlett, Jr.) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/13/02 (HW)
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                                                                                                                                                                                                      Blank 89 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                                      NOTICE of Joinder (Joseph T. Bracket) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/24/02 (HW)
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                                                                                                                                                                                                        Blank 88 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                                        NOTICE of Joinder (Mark T. Orlowski) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/6/02 (HW)
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                                                                                                                                                                                                          Blank 87 Filed: 1/14/2003, Entered: 1/21/2003 ~Notice (other)Court Filing
                                                                                                                                                                                                          NOTICE of Joinder (Randall W. Goff) by RONALD F. BERKLEY, filed by leave of the Judge. Service: 12/5/02 (HW) Modified on 01/21/2003
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                                                                                                                                                                                                            Blank 85 Filed: 1/10/2003, Entered: 1/15/2003 Status Report
                                                                                                                                                                                                            STATUS REPORT by USA. Service: 1/10/03. (LTD)
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                                                                                                                                                                                                              Blank 84 Filed: 1/2/2003, Entered: 1/7/2003 OrderCourt Filing
                                                                                                                                                                                                              ORDER resetting Status Conference for 10:30 a.m. on 1/13/03 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                                                                                                                                                Blank -- Filed: 12/27/2002, Entered: 12/27/2002
                                                                                                                                                                                                                Deadline updated; set Defendant's Status Report deadline to 1/9/03. (Every 3 weeks) (JT)
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                                                                                                                                                                                                                  Blank 83 Filed: 12/19/2002, Entered: 12/27/2002 Status Report
                                                                                                                                                                                                                  STATUS REPORT by USA. Service: 12/19/02 (JT)
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                                                                                                                                                                                                                    Blank 82 Filed: 12/16/2002, Entered: 12/18/2002 OrderCourt Filing
                                                                                                                                                                                                                    ORDER setting Status Conference for 2:30 p.m. on 1/16/03 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                                                                                                                                                      Blank 81 Filed: 12/6/2002, Entered: 12/9/2002, Terminated: 5/14/2003 Terminated:
                                                                                                                                                                                                                      MOTION by WAYNE PHILIPS (Service: 12/4/02) to disqualify class counsel due to actual and substantial conflict of interest and/or for appointment of plaintiffs' steering committee and supporting memorandum . Response due: 12/23/02. (FE)
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                                                                                                                                                                                                                        Blank 79 Filed: 12/3/2002, Entered: 12/4/2002 Status Report
                                                                                                                                                                                                                        STATUS REPORT by USA. Service: 12/3/02. (LTD)
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                                                                                                                                                                                                                          Blank -- Filed: 12/3/2002, Entered: 12/4/2002 Set/Reset Deadlines:
                                                                                                                                                                                                                          Deadline updated; Status Report due 12/24/02 . (LTD)
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                                                                                                                                                                                                                            Blank 78 Filed: 11/12/2002, Entered: 11/14/2002 Status Report
                                                                                                                                                                                                                            STATUS REPORT by USA. Service: 11/12/02. (LTD)
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                                                                                                                                                                                                                              Blank -- Filed: 11/12/2002, Entered: 11/14/2002 Set/Reset Deadlines:
                                                                                                                                                                                                                              Deadline updated; Defendant's Status Report due 12/3/02 (LTD)
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                                                                                                                                                                                                                                Blank 77 Filed: 10/22/2002, Entered: 10/23/2002 Status Report
                                                                                                                                                                                                                                STATUS REPORT by USA Service: 10/22/02 (HW)
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                                                                                                                                                                                                                                  Blank 76 Filed: 10/1/2002, Entered: 10/4/2002 Status Report
                                                                                                                                                                                                                                  STATUS REPORT by USA. Service: 10/1/02. (LTD)
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                                                                                                                                                                                                                                    Blank 75 Filed: 9/10/2002, Entered: 9/13/2002 Status Report
                                                                                                                                                                                                                                    STATUS REPORT by USA. Service: 9/10/02 (JT)
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                                                                                                                                                                                                                                      Blank -- Filed: 9/10/2002, Entered: 9/13/2002 Set/Reset Deadlines:
                                                                                                                                                                                                                                      Deadline updated; set Defendant's Status Report deadline to 10/1/02. (JT)
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                                                                                                                                                                                                                                        Blank 74 Filed: 8/20/2002, Entered: 8/22/2002 Status Report
                                                                                                                                                                                                                                        STATUS REPORT by USA. Service: 8/20/02 (JT)
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                                                                                                                                                                                                                                          Blank -- Filed: 8/20/2002, Entered: 8/22/2002 Set/Reset Deadlines:
                                                                                                                                                                                                                                          Deadline updated; set Defendant's Status Report deadline to 9/10/02. (every 3 weeks) (JT)
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                                                                                                                                                                                                                                            Blank 73 Filed: 8/13/2002, Entered: 8/13/2002
                                                                                                                                                                                                                                            TRANSCRIPT of proceedings re: Status Conference (one volume), at Washington, D.C., for date of July 26, 2002. Notice to parties. (HW)
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                                                                                                                                                                                                                                              Blank 72 Filed: 8/8/2002, Entered: 8/12/2002 Status Report
                                                                                                                                                                                                                                              STATUS REPORT by USA. Service: 8/8/02. (LTD)
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                                                                                                                                                                                                                                                Blank 71 Filed: 7/30/2002, Entered: 8/1/2002 OrderCourt Filing
                                                                                                                                                                                                                                                ORDER directing the defendant to file a Status Report by deadline of 8/20/02 , and every three weeks thereafter ( signed by Sr. Judge Marian Blank Horn ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                  Blank -- Filed: 7/26/2002, Entered: 8/13/2002 Status Conference
                                                                                                                                                                                                                                                  Status Conference held ( Transcript due 8/26/02 ) (HW)
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                                                                                                                                                                                                                                                    Blank 69 Filed: 7/22/2002, Entered: 7/24/2002 Status Report
                                                                                                                                                                                                                                                    STATUS REPORT by RONALD F. BERKLEY. Service: 7/18/02. (LTD)
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                                                                                                                                                                                                                                                      Blank 68 Filed: 7/22/2002, Entered: 7/24/2002 Status Report
                                                                                                                                                                                                                                                      STATUS REPORT by USA. Service: 7/22/02. (LTD)
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                                                                                                                                                                                                                                                        Blank 67 Filed: 7/19/2002, Entered: 7/23/2002 OrderCourt Filing
                                                                                                                                                                                                                                                        ORDER denying [66-1] joint motion to Extend Time to file separate status reports and denying [66-2] joint motion to reschedule status conference (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                          Blank 66 Filed: 7/16/2002, Entered: 7/18/2002, Terminated: 7/19/2002 Terminated:
                                                                                                                                                                                                                                                          JOINT MOTION to Extend Time to file separate status reports until 8/5/02 and to reschedule status conference until 8/9/02. (LTD)
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                                                                                                                                                                                                                                                            Blank 65 Filed: 7/12/2002, Entered: 7/15/2002 OrderCourt Filing
                                                                                                                                                                                                                                                            ORDER Separate Status Reports due 7/22/02 , and Status Conference set for 2:30 p.m. on 7/26/02 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                              Blank 64 Filed: 7/9/2002, Entered: 7/11/2002 Notice of Appearance/
                                                                                                                                                                                                                                                              NOTICE of Attorney Appearance for USA by Jonathan Reid Prouty Service :7/9/02 (JT)
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                                                                                                                                                                                                                                                                Blank 70 Filed: 7/8/2002, Entered: 7/31/2002 CAFC Mandate Reversing
                                                                                                                                                                                                                                                                MANDATE (certified copy) from CAFC dated July 8, 2002 reversed and remanded the [61-1] judgment order. (HW)
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                                                                                                                                                                                                                                                                  Blank 63 Filed: 6/5/2002, Entered: 6/6/2002 Status Report
                                                                                                                                                                                                                                                                  STATUS REPORT by USA. Service: 6/5/02. (LTD)
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                                                                                                                                                                                                                                                                    Blank -- Filed: 2/3/2001, Entered: 2/23/2001 CAFC Case Number
                                                                                                                                                                                                                                                                    CAFC Case Number Re: [62-1] appeal by RONALD F. BERKLEY CAFC NUMBER: 01-5057 (HW)
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                                                                                                                                                                                                                                                                      Blank 62 Filed: 1/24/2001, Entered: 1/24/2001, Terminated: 7/8/2002 Notice of AppealCourt Filing
                                                                                                                                                                                                                                                                      NOTICE OF APPEAL by RONALD F. BERKLEY. Copy to Defendant, Judge Marian Blank Horn and to CAFC. FILING FEE $ 105.00; RECEIPT # 051143. (HW)
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                                                                                                                                                                                                                                                                        Blank 61 Filed: 12/19/2000, Entered: 12/19/2000
                                                                                                                                                                                                                                                                        JUDGMENT entered, pursuant to Rule 58, that the complaint is dismissed. (signed by Clerk). Copy to parties. (LD)
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                                                                                                                                                                                                                                                                          Blank 60 Filed: 12/19/2000, Entered: 12/19/2000 Court Filing
                                                                                                                                                                                                                                                                          PUBLISHED DECISION granting [48-1] motion for Summary Judgment., denying [50-1] cross motion ( signed by Judge Marian Blank Horn ). Copy to parties. (LD)
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                                                                                                                                                                                                                                                                            Blank -- Filed: 12/19/2000, Entered: 12/19/2000
                                                                                                                                                                                                                                                                            Case closed (LD)
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                                                                                                                                                                                                                                                                              Blank 59 Filed: 11/13/2000, Entered: 11/15/2000 Transcript
                                                                                                                                                                                                                                                                              TRANSCRIPT of proceedings, 1 volume, at Washington, D.C., for date of November 8, 2000. Notice to parties. (FE)
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                                                                                                                                                                                                                                                                                Blank 58 Filed: 11/9/2000, Entered: 11/13/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                ORDER granting [56-1] motion for Leave to File notice of supplemental authority. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                  Blank -- Filed: 11/8/2000, Entered: 11/8/2000
                                                                                                                                                                                                                                                                                  Oral Argument re: [48-1] motion for Summary Judgment. by USA ( Transcript due 11/13/00 ), [50-1] cross motion by RONALD F. BERKLEY ( Transcript due 11/13/00 ) (DS) Modified on 11/09/2000
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                                                                                                                                                                                                                                                                                    Blank 57 Filed: 11/7/2000, Entered: 11/9/2000 Terminated:
                                                                                                                                                                                                                                                                                    RESPONSE by RONALD F. BERKLEY (Service: 11/6/00 ) to [56-1] motion for Leave to File notice of supplemental authority. Reply due: 11/20/00 (JT)
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                                                                                                                                                                                                                                                                                      Blank 56 Filed: 11/6/2000, Entered: 11/8/2000, Terminated: 11/9/2000 Terminated:
                                                                                                                                                                                                                                                                                      MOTION by USA (Service : 11/6/00 ) for Leave to File notice of supplemental authority. Response due: 11/27/00 (JT)
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                                                                                                                                                                                                                                                                                        Blank 55 Filed: 10/26/2000, Entered: 10/27/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                        ORDER oral argument set for 9:30 a.m., 11/8/00 for [50-1] cross motion and [48-1] motion for Summary Judgment. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                          Blank 54 Filed: 6/12/2000, Entered: 6/13/2000 Terminated:
                                                                                                                                                                                                                                                                                          MOTION by RONALD F. BERKLEY (Service: 6/9/00) for Leave to file supplemental authority . Response due: 6/26/00. (FE)
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                                                                                                                                                                                                                                                                                            Blank 53 Filed: 6/7/2000, Entered: 6/8/2000 Terminated:
                                                                                                                                                                                                                                                                                            MOTION by USA (Service: 6/7/00) for Leave to file supplemental authority in further suport of the defendant's pending motion for judgment upon the administrative record . Response due: 6/26/00. (FE)
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                                                                                                                                                                                                                                                                                              Blank 52 Filed: 5/23/2000, Entered: 5/25/2000 Reply to Response to Motion
                                                                                                                                                                                                                                                                                              REPLY by RONALD F. BERKLEY to response to [50-1] cross motion. Service: 5/20/00 (JT)
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                                                                                                                                                                                                                                                                                                Blank 51 Filed: 5/8/2000, Entered: 5/10/2000 Terminated:
                                                                                                                                                                                                                                                                                                RESPONSE by USA (Service: 5/8/00 ) to [50-1] cross motion. Reply due: 5/25/00 (DS)
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                                                                                                                                                                                                                                                                                                  Blank 50 Filed: 4/13/2000, Entered: 4/13/2000, Terminated: 12/19/2000 Cross Motion
                                                                                                                                                                                                                                                                                                  CROSS MOTION by RONALD F. BERKLEY (Service: 4/11/00) and RESPONSE to [48-1] motion for Summary Judgment by USA. Response due: 5/8/00. (FE)
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                                                                                                                                                                                                                                                                                                    Blank -- Filed: 4/13/2000, Entered: 4/13/2000
                                                                                                                                                                                                                                                                                                    Deadline updated; Response to [50-1] cross motion reset to 5/8/00 . (FE)
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                                                                                                                                                                                                                                                                                                      Blank 49 Filed: 3/27/2000, Entered: 3/29/2000 Proposed Findings of Fact and Conclusions of Law
                                                                                                                                                                                                                                                                                                      JOINT STIPULATION OF ISSUES OF FACT by RONALD F. BERKLEY, USA. (JT)
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                                                                                                                                                                                                                                                                                                        Blank 48 Filed: 3/27/2000, Entered: 3/29/2000 Terminated:
                                                                                                                                                                                                                                                                                                        MOTION by USA (Service : 3/27/00 ) for Summary Judgment. Response due: 4/17/00 (JT)
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                                                                                                                                                                                                                                                                                                          Blank 47 Filed: 3/6/2000, Entered: 3/8/2000 ~Notice (other)
                                                                                                                                                                                                                                                                                                          NOTICE of Additional Plaintiffs by RONALD F. BERKLEY. Service: 3/4/00 (JT)
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                                                                                                                                                                                                                                                                                                            Blank 46 Filed: 3/6/2000, Entered: 3/8/2000 ~Notice (other)
                                                                                                                                                                                                                                                                                                            NOTICE of Filing Administrative Record by USA. Service: 3/6/00 (JT)
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                                                                                                                                                                                                                                                                                                              Blank 45 Filed: 3/6/2000, Entered: 3/8/2000 Administrative Record
                                                                                                                                                                                                                                                                                                              Administrative Record filed by USA. (JT)
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                                                                                                                                                                                                                                                                                                                Blank 44 Filed: 2/18/2000, Entered: 2/22/2000 Transcript
                                                                                                                                                                                                                                                                                                                TRANSCRIPT of proceedings 1 volume, at Washington, D.C., for date of February 11, 2000. Notice to parties. (FE)
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                                                                                                                                                                                                                                                                                                                  Blank 43 Filed: 2/11/2000, Entered: 2/14/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                  ORDER denying [38-1] motion for Leave to amend the scheduling order as to the administrative record (signed by Judge Marian Blank Horn). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                    Blank -- Filed: 2/11/2000, Entered: 2/14/2000 Oral Argument
                                                                                                                                                                                                                                                                                                                    Oral Argument re: [38-1] motion for Leave to amend the scheduling order as to the administrative record by RONALD F. BERKLEY ( Transcript due 3/13/00 ) (DS)
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                                                                                                                                                                                                                                                                                                                      Blank 42 Filed: 2/7/2000, Entered: 2/10/2000 Terminated:
                                                                                                                                                                                                                                                                                                                      RESPONSE by RONALD F. BERKLEY (Service: 2/4/00 ) to [39-1] motion for a status conference. Reply due: 2/18/00 (reply to response to motion included) (JT)
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                                                                                                                                                                                                                                                                                                                        Blank 42 Filed: 2/7/2000, Entered: 2/10/2000 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                        REPLY by RONALD F. BERKLEY to response to [38-1] motion for Leave to amend the scheduling order as to the administrative record. Service: 2/4/00 (response to motion included) (JT)
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                                                                                                                                                                                                                                                                                                                          Blank 41 Filed: 2/2/2000, Entered: 2/3/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                          ORDER oral argument set for 10:30 a.m. 2/11/00 for [38-1] motion for Leave to amend the scheduling order as to the administrative record , in the National ourts Building, 717 Madison, Pl., N.W., Washington, D.C. 20005 (signed by Judge Marian Blank Horn). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                            Blank 39 Filed: 1/28/2000, Entered: 2/1/2000 Terminated:
                                                                                                                                                                                                                                                                                                                            MOTION by USA (Service: 1/28/00) for a status conference . Response due: 2/14/00. (FE)
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                                                                                                                                                                                                                                                                                                                              Blank 39 Filed: 1/28/2000, Entered: 2/1/2000 Terminated:
                                                                                                                                                                                                                                                                                                                              RESPONSE by USA (Service: 1/28/00) to [38-1] motion for Leave to amend the scheduling order as to the administrative record. Reply due: 2/11/00. (FE)
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                                                                                                                                                                                                                                                                                                                                Blank 40 Filed: 1/27/2000, Entered: 2/2/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                ORDER granting [37-1] motion for Leave to amed the scheduling order. Reset deadline for Plaintiff to file a list of Plaintiffs who have opted into the certified class action to 3/6/00 ; reset deadline for filing the administrative record to 3/6/00 ; reset deadline for the parties to file a joint stipulation of facts and joint statement of issues of law to 3/27/00 ; reset joint status report deadline to 3/27/00 ; reset Defendant's summary judgment motion filing deadline to 3/27/00 ; reset Plaintiff's summary judgment motion filing deadline to 4/17/00 ; reset Defendant's reply to response to motion and response to Plaintiff's motion filing deadline to 5/8/00; and reset Plaintiff's reply to response to motion filing deadline to 5/22/00. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                  Blank 38 Filed: 1/27/2000, Entered: 2/1/2000, Terminated: 2/11/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                  MOTION by RONALD F. BERKLEY (Service: 1/24/00) for Leave to amend the scheduling order as to the administrative record . Response due: 2/10/00. (FE)
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                                                                                                                                                                                                                                                                                                                                    Blank 37 Filed: 1/24/2000, Entered: 1/27/2000, Terminated: 1/27/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                    MOTION by RONALD F. BERKLEY (Service: 1/20/00) for Leave to amed the scheduling order . (FE)
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                                                                                                                                                                                                                                                                                                                                      Blank 36 Filed: 11/23/1999, Entered: 12/1/1999 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                      REPORT on Class Notification [re: Notice of "Opt-in" Class Action Determination] by RONALD F. BERKLEY Service: 11/20/99 (HW)
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                                                                                                                                                                                                                                                                                                                                        Blank 35 Filed: 11/5/1999, Entered: 11/12/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                        ORDER set deadline of 1/31/00 for Plaintiffs to file a list of Plaintiffs who have opted into the certified class action ; set deadline of 1/31/00 for the parties to file the administrative record ; set deadline of 2/28/00 for the parties to file a joint stipulation and a joint statement of issues of law ; set joint Status Report deadline to 2/28/00 (if neither party intends to file a dispositive motion) ; set Defendant's summary judgment motion filing deadline to 2/28/00 ; set Plaintiff's response to Defendant's motion and motion for summary judgment deadline to 3/20/00 ; set Defendant's reply and response deadline to 4/10/00 and set Plaintiffs' reply deadline to 5/1/00. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                          Blank 34 Filed: 11/5/1999, Entered: 11/10/1999 Published DecisionCourt Filing
                                                                                                                                                                                                                                                                                                                                          PUBLISHED DECISION granting [3-1] motion to certify class. ( signed by Judge Marian Blank Horn ). Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                            Blank 33 Filed: 9/7/1999, Entered: 9/8/1999 Transcript
                                                                                                                                                                                                                                                                                                                                            TRANSCRIPT of proceedings 1 volume, at Washington, D.C., for date of August 31, 1999. Notice to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                              Blank 32 Filed: 9/3/1999, Entered: 9/7/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                              MOTION by RONALD F. BERKLEY (Service : 9/1/99 ) to Withdraw [30-1] motion for summary judgment by RONALD F. BERKLEY. (JT)
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                                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 8/31/1999, Entered: 9/1/1999 Oral Argument
                                                                                                                                                                                                                                                                                                                                                Oral Argument re: [3-1] motion to Certify Class on an opt-out basis by RONALD F. BERKLEY ( Transcript due 9/7/99 ) (DS) Modified on 09/01/1999
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                                                                                                                                                                                                                                                                                                                                                  Blank 31 Filed: 8/25/1999, Entered: 8/27/1999 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                  PROPOSED FINDINGS of Uncontroverted Fact by RONALD F. BERKLEY. Service: 8/23/99 (JT)
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                                                                                                                                                                                                                                                                                                                                                    Blank 30 Filed: 8/25/1999, Entered: 8/27/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                    MOTION by RONALD F. BERKLEY (Service : 8/23/99 ) for summary judgment. Response due: 9/23/99 (JT)
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                                                                                                                                                                                                                                                                                                                                                      Blank 29 Filed: 8/4/1999, Entered: 8/5/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                      ORDER oral argument set for 10:00 a.m. 8/31/99 for [3-1] motion to Certify Class on an opt-out basis , at the National Courts Building, 717 Madison Pl., N.W., Washington, D.C. (signed by Judge Marian Blank Horn). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                        Blank 28 Filed: 7/29/1999, Entered: 7/30/1999 Answer
                                                                                                                                                                                                                                                                                                                                                        ANSWER to Complaint by USA. Service: 7/29/99 ( JPSR due 9/15/99 ) (JT)
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                                                                                                                                                                                                                                                                                                                                                          Blank 27 Filed: 7/26/1999, Entered: 7/26/1999
                                                                                                                                                                                                                                                                                                                                                          NOTICE of Additional Plaintiff by RONALD F. BERKLEY. Service: 7/22/99 (JT)
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                                                                                                                                                                                                                                                                                                                                                            Blank 26 Filed: 7/21/1999, Entered: 7/22/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                            ORDER granting [23-1] motion to Extend Time to respond to the complaint. Reset answer deadline to 7/29/99. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                                              Blank 25 Filed: 7/12/1999, Entered: 7/14/1999 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                              NOTICE of additional plaintiff's 11-12 by RONALD F. BERKLEY. Service: 7/9/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                Blank 24 Filed: 7/1/1999, Entered: 7/1/1999, Terminated: 12/19/2000 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                RESPONSE by RONALD F. BERKLEY (Service: 6/29/99) to [23-1] motion to Extend Time to respond to the complaint. Reply due: 7/12/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                  Blank 23 Filed: 6/28/1999, Entered: 6/30/1999, Terminated: 7/21/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                                  MOTION by USA (Service : 6/28/99 ) to Extend Time to respond to the complaint [until July 29, 1999]. Response due: 7/15/99 (JT)
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                                                                                                                                                                                                                                                                                                                                                                    Blank 22 Filed: 6/18/1999, Entered: 6/21/1999 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                    NOTICE of Additional plaintiff "10" by RONALD F. BERKLEY. Service: 6/15/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                      Blank 21 Filed: 6/10/1999, Entered: 6/16/1999 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                      NOTICE of Additional Plaintiffs by RONALD F. BERKLEY Service: 6/8/99 (JT)
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                                                                                                                                                                                                                                                                                                                                                                        Blank 20 Filed: 5/28/1999, Entered: 6/3/1999 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                        NOTICE of filing additional plaintiff: 7) Terry Medley, PO Box 134, Buffalo, NY 57720 by RONALD F. BERKLEY. Service: 5/26/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                          Blank 19 Filed: 4/15/1999, Entered: 4/20/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                          ORDER granting [18-1] motion to Extend Time to file response to the complaint Answer deadline to 6/29/99 (signed by Judge Marian Blank Horn). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                            Blank 18 Filed: 4/14/1999, Entered: 4/19/1999, Terminated: 4/15/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                                            MOTION by USA (Service : 4/14/99) to Extend Time to file response to the complaint , (until June 29, 1999). (FE)
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                                                                                                                                                                                                                                                                                                                                                                              Blank 17 Filed: 4/5/1999, Entered: 4/9/1999 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                              NOTICE of additional plaintiffs (2-6) by RONALD F. BERKLEY. Service: 4/2/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                Blank 16 Filed: 3/19/1999, Entered: 3/23/1999 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                REPLY by RONALD F. BERKLEY to response to [3-1] motion to Certify Class on an opt-out basis. Service: 3/17/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                  Blank 15 Filed: 3/11/1999, Entered: 3/15/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                  ORDER directing the Clerk's Office to unfile all copies of the earlier reply brief and resetting Plaintiff's reply to response to motion to 3/23/99 for [3-1] motion to Certify Class on an opt-out basis. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                    Blank 14 Filed: 3/4/1999, Entered: 3/9/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                    ORDER granting [13-1] motion to Extend Time to respond to complaint. Reset Answer deadline to 4/30/99. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT) Modified on 03/12/1999
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                                                                                                                                                                                                                                                                                                                                                                                      Blank 13 Filed: 3/2/1999, Entered: 3/4/1999, Terminated: 3/4/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                      MOTION by USA (Service : 3/1/99 ) to Extend Time to respond to complaint , (until April 30, 1999). Response due: 3/18/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                        Blank 12 Filed: 2/26/1999, Entered: 3/3/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                        ORDER directing the Clerk's Office to return to Defendant their motion for enlargement of time to file a response to Plaintiff's complaint for resubmission in accordance with teh court's rules. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                          Blank 11 Filed: 2/26/1999, Entered: 3/2/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                          ORDER granting [10-1] motion to Extend Time to file reply to opposition to motion for class certification Reply to Response to Motion reset to 3/5/99 for [3-1] motion to Certify Class on an opt-out basis ( signed by Judge Marian Blank Horn ). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                            Blank 10 Filed: 2/25/1999, Entered: 3/1/1999, Terminated: 2/26/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                            MOTION by RONALD F. BERKLEY (Service : 2/23/99 ) to Extend Time to file reply to opposition to motion for class certification , (until March 5, 1999). Response due: 3/26/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                              Blank 9 Filed: 2/16/1999, Entered: 2/17/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                              RESPONSE by USA (Service: 2/16/99 ) to [3-1] motion to Certify Class on an opt-out basis. Reply due: 3/1/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                Blank 8 Filed: 2/12/1999, Entered: 2/16/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting [7-1] motion to Extend Time within which to respond to motion to certify class. Defendant's response to [3-1] motion to certify class on an opt-out basis reset to 2/16/99. ( signed by Judge Marian Blank Horn ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                  Blank 7 Filed: 2/10/1999, Entered: 2/12/1999, Terminated: 2/12/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                  MOTION by USA (Service : 2/10/99 ) to Extend Time within which to respond to motion to certify class , (until February 16, 1999). Response due: 3/1/99. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                    Blank 6 Filed: 1/20/1999, Entered: 1/20/1999 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                    ORDER granting [4-1] motion for a corrective order. The filing date of the complaint will reflect filing by the plaintiff on 12/30/98. (signed by Judge Marian Blank Horn) Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                      Blank 5 Filed: 1/12/1999, Entered: 1/15/1999 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE of Attorney Appearance for USA by Lee Joshua Freedman. Service : 1/12/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                        Blank 4 Filed: 1/11/1999, Entered: 1/15/1999, Terminated: 1/20/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                        MOTION by RONALD F. BERKLEY (Service : 1/7/99 ) for a corrective order. Response due: 1/25/99 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                          Blank 3 Filed: 12/30/1998, Entered: 1/4/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by RONALD F. BERKLEY (Service: 12/30/98) to Certify Class on an opt-out basis Response due: 1/21/99. (FE) Modified on 01/20/1999
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                                                                                                                                                                                                                                                                                                                                                                                                            Blank 2 Filed: 12/30/1998, Entered: 1/4/1999 Case Assigned/ReassignedCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                            Notice of assignment to Judge Marian Blank Horn. Copy to parties. (FE) Modified on 01/20/1999
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                                                                                                                                                                                                                                                                                                                                                                                                              Blank 1 Filed: 12/30/1998, Entered: 1/4/1999 Complaint
                                                                                                                                                                                                                                                                                                                                                                                                              COMPLAINT, FILING FEE $120, RECEIPT #046788. Answer due on 3/5/99. (FE) Modified on 01/20/1999
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