Prater et al v. Ohio Education Association

Federal Civil Lawsuit Ohio Southern District Court, Case No. 2:04-cv-01077
District Judge Edmund A Sargus, presiding
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District Judge Edmund A Sargus
Last Updated July 30, 2017 at 6:58 AM EDT (8.4 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Betty L Whaley, Plaintiff
No Logo Eileen Batey, Plaintiff
No Logo Harold J. Thorley, Plaintiff
No Logo James I. Prater, Plaintiff

Represented by City of Toledo

Name Phone Fax E-Mail
TERMINATED: 11/30/2011 Ellen Michel Grachek +1 419 245 1024 +1 419 245 1090 ellen.grachek@toledo.oh.gov

Represented by Cook Portune & Logothetis LPA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Robert E Rickey +1 513 721 0444 +1 513 721 1178 brickey@dmcllc.com

Represented by Law Offices of David Marvin Cook

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jennie Gayle Arnold +1 513 721 0444 jarnold@econjustice.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David Marvin Cook +1 513 721 0444 dcook@econjustice.com

Represented by Tobias, Kraus & Torchia

Name Phone Fax E-Mail
TERMINATED: 10/22/2007 Stephen A Simon +1 513 241 8137 +1 513 241 7863 steves@tktlaw.com
No Logo Jeffrey B. Westfall, Plaintiff
No Logo Joan P. Montgomery, Plaintiff
No Logo John Wardell, Plaintiff
v.
No Logo Ohio Education Association, Defendant

Represented by Baker & Hostetler, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Manuel Jose Asensio, III +1 614 228 1541 +1 614 228 1541 masensio@bakerlaw.com
ATTORNEY TO BE NOTICED Rodger L Eckelberry +1 614 462 5189 +1 614 462 2616 reckelberry@bakerlaw.com
ATTORNEY TO BE NOTICED Matthew W. Hoyt +1 614 228 1541 +1 614 462 2616 mhoyt@bakerlaw.com
ATTORNEY TO BE NOTICED Mark Alan Johnson +1 614 228 1541 +4622 462 462 2698 mjohnson@bakerlaw.com
ATTORNEY TO BE NOTICED Deborah A. Pickrel +1 614 462 2627 +1 614 462 2616 dpickrel@bakerlaw.com
Other Parties
No Logo Coalition of Retired Employees of Ohio Education Association, Movant
No Logo Proffessional Staff Union, Intervenor

Represented by Goldstein Gragel LLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joyce Goldstein +1 216 771 6633 jgoldstein@ggcounsel.com
Attributes
Citation Section 29 U.S.C. § 185
Nature of Suit 720 - Labor: Labor/Management Relations
Timeline
  Entries (223) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 223 Filed: 9/27/2012, Entered: None Court Filing
ORDER granting 222 Plaintiff's Motion to Withdraw Motion to Enforce Settlement. Plaintiff's Motion to Enforce Judgment 211 is withdrawn. Signed by Judge Edmund A Sargus on 09/27/2012. (dh1) (Entered: 09/27/2012)
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Legal Document (Payment Possibly Required) 222 Filed: 9/27/2012, Entered: None
MOTION to Withdraw 211 MOTION to Enforce Judgment by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley. (Attachments: # 1 Text of Proposed Order Granting Motion to Withdraw Motion to Enforce Settlement) (Cook, David) (Entered: 09/27/2012)
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Legal Document (Payment Possibly Required) 221 Filed: 9/25/2012, Entered: None Court Filing
Minute Entry for proceedings held before Judge Edmund A Sargus: Conference re 211 MOTION to Enforce Judgment held on 9/25/2012. (Court Reporter Laura Samuels.) (sln1) (Entered: 09/25/2012)
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Legal Document (Payment Possibly Required) 220 Filed: 9/17/2012, Entered: None Court Filing
NOTICE of Hearing on Motion 211 MOTION to Enforce Judgment : Motion Hearing set for Tuesday, 9/25/2012, 2:00 PM in Courtroom 2 - Columbus before Judge Edmund A Sargus. (aq1) (Entered: 09/17/2012)
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Legal Document (Payment Possibly Required) 219 Filed: 8/14/2012, Entered: None Court Filing
OPINION AND ORDER granting 216 Defendant Ohio Education Association's Motion for Leave to File Sur-Reply. Signed by Judge Edmund A Sargus on 08/14/2012. (dh1) (Entered: 08/14/2012)
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Legal Document (Payment Possibly Required) 218 Filed: 8/10/2012, Entered: None Court Filing
AMENDED NOTICE of Hearing on 211 MOTION to Enforce Judgment set for TUESDAY, 8/28/2012, 10:00 AM in Courtroom 2 - Columbus before Judge Edmund A Sargus. (aq1) (Entered: 08/10/2012)
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Legal Document (Payment Possibly Required) 217 Filed: 8/8/2012, Entered: None Court Filing
NOTICE of Hearing on Motion 216 MOTION to file Sur-Reply set for Tuesday, 8/28/2012, 10:00 AM in Courtroom 2 - Columbus before Judge Edmund A Sargus. (aq1) (Entered: 08/08/2012)
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Legal Document (Payment Possibly Required) 216 Filed: 3/8/2012, Entered: None
MOTION for Leave to File Sur-Reply by Defendant Ohio Education Association. (Attachments: # 1 Exhibit A - Sur-Reply in Opposition to Plaintiffs' Motion to Enforce Settlement) (Eckelberry, Rodger) (Entered: 03/08/2012)
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Legal Document (Payment Possibly Required) 215 Filed: 3/1/2012, Entered: None
REPLY to 214 Response to 211 MOTION to Enforce Judgment filed by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley. (Cook, David) Modified text and created link on 3/2/2012 (er1). (Entered: 03/01/2012)
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Legal Document (Payment Possibly Required) 214 Filed: 2/13/2012, Entered: None
AFFIDAVIT in Opposition re 211 MOTION to Enforce Judgment Memorandum In Opposition To Motion To Enforce Settlement filed by Defendant Ohio Education Association. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (Asensio, Manuel) (Entered: 02/13/2012)
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Legal Document (Payment Possibly Required) 213 Filed: 2/7/2012, Entered: None Court Filing
ORDER granting 212 Motion for extension of time to respond to pltf motion to enforce 211 . Deft response due 2/13/12. Signed by Magistrate Judge Norah McCann King on 2/07/12. (rew) (Entered: 02/07/2012)
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Legal Document (Payment Possibly Required) 212 Filed: 2/6/2012, Entered: None
Unopposed MOTION for Extension of Time to Respond to Motion to Enforce Settlement by Defendant Ohio Education Association. New date requested 2/13/2012. (Attachments: # 1 Text of Proposed Order) (Eckelberry, Rodger) (Entered: 02/06/2012)
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Legal Document (Payment Possibly Required) 211 Filed: 1/11/2012, Entered: None
MOTION to Enforce Judgment by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley. (Arnold, Jennie) (Entered: 01/11/2012)
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Legal Document (Payment Possibly Required) 210 Filed: 11/30/2011, Entered: None
NOTICE by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley of Withdrawal of Ellen M. Grachek (Cook, David) (Entered: 11/30/2011)
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Legal Document (Payment Possibly Required) 209 Filed: 11/4/2011, Entered: None Court Filing
ORDER granting 208 the parties' Joint Motion to Modify Court Approved Settlement to Expand Eligible Participants in the Voluntary Employees' Beneficiary Association Created by the Parties' Court-Approved Settlement. Signed by Judge Edmund A Sargus on 11/04/2011. (dh1) (Entered: 11/04/2011)
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Legal Document (Payment Possibly Required) 208 Filed: 11/3/2011, Entered: None
Joint MOTION to Amend/Correct Court Approved Settlement to Expand Eligible Participants in the Voluntary Employees' Beneficiary Association Created by the Parties' Court-Approved Settlement by Defendant Ohio Education Association. (Attachments: # 1 Memorandum in Support) (Asensio, Manuel) (Entered: 11/03/2011)
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Blank 207 Filed: 5/11/2010, Entered: None
JUDGMENT is entered pursuant to the Order filed 05/11/2010. This case is closed. (dh) (Entered: 05/11/2010)
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Blank 206 Filed: 5/11/2010, Entered: None Court Filing
ORDER approving the settlement of this matter and granting 203 Plaintiff's Motion for Settlement; granting 202 Plaintiffs' Motion for Attorney Fees and Expenses; and granting 194 the Motion to Intervene of Professional Staff Union. All claims are DISMISSED with prejudice and the Clerk is directed to close this matter. Signed by Judge Edmund A Sargus on 05/11/2010. (dh) (Entered: 05/11/2010)
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Legal Document (Payment Possibly Required) 205 Filed: 4/29/2010, Entered: None Court Filing
Minute Entry for proceedings held before Judge Edmund A Sargus: FAIRNESS Hearing held on 4/29/2010, 10am; Order will issue on 5/10/10 (Court Reporter Laura Samuels.) (aq1) (aq1). (Entered: 04/29/2010)
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Legal Document (Payment Possibly Required) 204 Filed: 4/19/2010, Entered: None
NOTICE by Defendant Ohio Education Association re 197 Order on Motion for Settlement of Compliance With Court's Order Directing Notice to Class Members (Attachments: # 1 Exhibit Affidavit of Susan A. Mancuso) (Eckelberry, Rodger) (Entered: 04/19/2010)
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Legal Document (Payment Possibly Required) 203 Filed: 4/15/2010, Entered: None
MOTION for Settlement (Motion for Final Approval of Settlement) by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley. (Attachments: # 1 Memorandum In Support, # 2 Text of Proposed Order) (Cook, David) (Entered: 04/15/2010)
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Legal Document (Payment Possibly Required) 202 Filed: 2/23/2010, Entered: None
MOTION for Attorney Fees by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order) (Cook, David) (Entered: 02/23/2010)
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Legal Document (Payment Possibly Required) 201 Filed: 2/19/2010, Entered: None
Mail Returned 198 as Undeliverable - Return To Sender - Unable To Forward. Mail sent to Professional Staff Union. (sr) (Entered: 02/19/2010)
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Legal Document (Payment Possibly Required) 200 Filed: 2/16/2010, Entered: None
SUGGESTION OF DEATH Upon the Record by Plaintiffs Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Betty L Whaley. (Cook, David) (Entered: 02/16/2010)
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Legal Document (Payment Possibly Required) 199 Filed: 2/16/2010, Entered: None
Mail Returned 197 as Undeliverable - Return To Sender - Unable To Forward. Mail sent to Professional Staff Union. (sr) (Entered: 02/16/2010)
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Blank 198 Filed: 2/10/2010, Entered: 2/10/2010 Court Filing
ORDER terminating the following motions as moot, as parties have entered into a Stipulation and Settlement Agreement: 146 Motion for Sanctions; 147 Motion to Exclude Expert Testimony; 149 Defendant's Motion for Partial Summary Judgment ; 151 Plaintiffs' Motion for Summary Judgment; and 177 Motion for Leave to File Supplemental Memorandum. The motions are subject to reactivation should the settlement fail for any reason. Signed by Judge Edmund A Sargus on 02/10/2010. (dh) (Entered: 02/10/2010)
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Legal Document (Payment Possibly Required) 197 Filed: 2/8/2010, Entered: None Court Filing
ORDER granting 196 Preliminary Approval of Settlement and setting Fairness Hearing for 04/29/2010 at 10:00 a.m. Signed by Judge Edmund A Sargus on 02/08/2010. (dh) (Entered: 02/08/2010)
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Legal Document (Payment Possibly Required) 196 Filed: 2/2/2010, Entered: None
Joint MOTION for Settlement Preliminary Settlement Approval by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley, Movant Coalition of Retired Employees of Ohio Education Association, Defendant Ohio Education Association, Intervenor Proffessional Staff Union. (Attachments: # 1 Exhibit Stipulation of Settlement, # 2 Exhibit Individual Notice, # 3 Exhibit Website Content, # 4 Exhibit Detailed Notice, # 5 Exhibit VEBA Trust, # 6 Exhibit Preliminary Approval Order) (Eckelberry, Rodger) (Entered: 02/02/2010)
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Legal Document (Payment Possibly Required) 195 Filed: 2/2/2010, Entered: None
NOTICE by Intervenor Proffessional Staff Union re 194 MOTION to Intervene (substitute Declaration of Norman Young) (Attachments: # 1 Exhibit A to Young Declaration, # 2 Exhibit B to Young Declaration) (Goldstein, Joyce) (Entered: 02/02/2010)
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Legal Document (Payment Possibly Required) 194 Filed: 1/28/2010, Entered: None
MOTION to Intervene by Intervenor Proffessional Staff Union. (Attachments: # 1 Brief in Support, # 2 Exhibit A, # 3 Declaration of Young) (Goldstein, Joyce) (Entered: 01/28/2010)
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Legal Document (Payment Possibly Required) 193 Filed: 12/29/2009, Entered: None
NOTICE by Intervenor Plaintiff Proffessional Staff Union of intent to intervene (Goldstein, Joyce) (Entered: 12/29/2009)
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Legal Document (Payment Possibly Required) 192 Filed: 11/18/2009, Entered: None Court Filing
Settlement Conference held before Judge Edmund A Sargus on 11/18/2009, 9am to 5pm; reported settled. (Court Reporter Darla Coulter.) (aq1) (Entered: 11/19/2009)
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Legal Document (Payment Possibly Required) 191 Filed: 11/12/2009, Entered: None Court Filing
NOTICE of Settlement Conference set for Wednesday, 11/18/2009, 9:00 AM before Judge Edmund A Sargus. (aq1) (Entered: 11/12/2009)
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Legal Document (Payment Possibly Required) 190 Filed: 10/30/2009, Entered: None Court Filing
ORDER granting 189 parties' Joint Motion to Extend Pre-trial Filing Deadlines. Date extended to 11/16/09. Signed by Judge Edmund A Sargus on 10/30/09. (dh) (Entered: 10/30/2009)
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Legal Document (Payment Possibly Required) 189 Filed: 10/30/2009, Entered: None
Joint MOTION for Extension of Time New date requested 11/16/2009. Pre-Trial Filing Deadlines by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 10/30/2009)
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Legal Document (Payment Possibly Required) 188 Filed: 10/27/2009, Entered: None Court Filing
ORDER granting 187 Joint Motion to Extend Deadline for Pretrial Disclosures. Deadline extended to 11/02/09. Signed by Judge Edmund A Sargus on 10/27/09. (dh) (Entered: 10/27/2009)
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Legal Document (Payment Possibly Required) 187 Filed: 10/26/2009, Entered: None
Joint MOTION for Extension of Time New date requested 11/2/2009. by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley. (Attachments: # 1 Text of Proposed Order) (Cook, David) (Entered: 10/26/2009)
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Legal Document (Payment Possibly Required) 186 Filed: 10/21/2009, Entered: None
NOTICE by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell of Electronic Filing of Exhibits (Attachments: # 1 Exhibit Class Reps' Exh. 55, # 2 Exhibit Class Reps' Exh. 56, # 3 Exhibit Class Reps' Exh. 57) (Cook, David) (Entered: 10/21/2009)
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Legal Document (Payment Possibly Required) 185 Filed: 10/20/2009, Entered: None
NOTICE by Defendant Ohio Education Association of Joint Notice of Intent to Present Evidence Via The Court's Electronic Technology (Eckelberry, Rodger) (Entered: 10/20/2009)
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Legal Document (Payment Possibly Required) 184 Filed: 10/16/2009, Entered: None
Notice VACATING 10/20/09 Settlement Conference; Parties are directed to participate in the Mediation scheduled before the District Court Mediator on 11/9/09 at 10am (aq1) (Entered: 10/16/2009)
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Legal Document (Payment Possibly Required) 183 Filed: 10/16/2009, Entered: None
REPLY to Response to Motion re 177 MOTION for Leave to File Supplemental Memorandum to Motion for Summary Judgment filed by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley. (Cook, David) (Entered: 10/16/2009)
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Legal Document (Payment Possibly Required) 182 Filed: 10/9/2009, Entered: None
RESPONSE in Opposition re 177 MOTION for Leave to File Supplemental Memorandum to Motion for Summary Judgment filed by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 10/09/2009)
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Blank 181 Filed: 10/5/2009, Entered: 10/5/2009 Court Filing
ORDER modifying the settlement conference deadlines of the Court's 10/2/09 Order Setting Trial Date and Settlement Conference 179 . Signed by Judge Edmund A Sargus on 10/05/09. (dh) (Entered: 10/05/2009)
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Legal Document (Payment Possibly Required) 180 Filed: 10/5/2009, Entered: None
Notice of Mediation Conference: Conference has been rescheduled to be held in Room 301, 85 Marconi Boulevard, Columbus, Ohio on 11/9/2009 at 10:00 AM. (Attachments: # 1 Conference instructions) (rsk) (Entered: 10/05/2009)
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Blank 179 Filed: 10/5/2009, Entered: 10/5/2009 Court Filing
ORDER SETTING TRIAL DATE AND SETTLEMENT CONFERENCE: Settlement Conference set for 10/20/2009 at 9:30 AM; Final Pretrial Conference set for 11/19/2009 at 9:00 AM; Jury Trial set for 11/30/09 at 9:00 AM. Signed by Judge Edmund A Sargus on 10/02/09.(Attachment: (FPTO Form)(dh) (Entered: 10/05/2009)
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Legal Document (Payment Possibly Required) 178 Filed: 9/28/2009, Entered: None
NOTICE by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley of Manual Filing of Deposition Exhibits (Cook, David) (Entered: 09/28/2009)
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Legal Document (Payment Possibly Required) 177 Filed: 9/24/2009, Entered: None
MOTION for Leave to File Supplemental Memorandum to Motion for Summary Judgment by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley. (Cook, David) (Entered: 09/24/2009)
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Legal Document (Payment Possibly Required) 176 Filed: 9/23/2009, Entered: None Court Filing
ORDER granting 175 Motion for Leave to Manually File deposition exhibits. Signed by Magistrate Judge Norah McCann King on 9/23/09. (jr) (Entered: 09/23/2009)
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Legal Document (Payment Possibly Required) 175 Filed: 9/23/2009, Entered: None
MOTION for Leave to File Exhibits Manually by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Betty L Whaley. (Attachments: # 1 Text of Proposed Order) (Cook, David) (Entered: 09/23/2009)
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Legal Document (Payment Possibly Required) 174 Filed: 9/23/2009, Entered: None
Notice of Mediation Conference: Conference to be held in Room 301, 85 Marconi Boulevard, Columbus, Ohio on 11/30/2009 at 10:00 AM. (Attachments: # 1 Conference instructions) (rsk) (Entered: 09/23/2009)
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Legal Document (Payment Possibly Required) 173 Filed: 9/22/2009, Entered: None
NOTICE by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley, John Wardell, Jeffrey B. Westfall, Movant Coalition of Retired Employees of Ohio Education Association re 165 Reply to Response to Motion, of Re-filing Exhibit A to Dkt. #165 (Attachments: # 1 Exhibit A) (Cook, David) (Entered: 09/22/2009)
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Legal Document (Payment Possibly Required) 172 Filed: 9/22/2009, Entered: None
NOTICE by Defendant Ohio Education Association re 148 Notice of Filing Deposition,, of Re-Filing of Deposition Exhibit (Attachments: # 1 Exhibit A - Redacted Exhibit 7 to Poulin Deposition) (Eckelberry, Rodger) (Entered: 09/22/2009)
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Legal Document (Payment Possibly Required) 171 Filed: 9/16/2009, Entered: None Court Filing
NOTICE of TELEPHONE Conference reset from Friday, 9/18/09 to Wednesday, 9/23/2009 10:00 AM before Judge Edmund A Sargus. (aq1 ) (Entered: 09/16/2009)
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Legal Document (Payment Possibly Required) 170 Filed: 9/14/2009, Entered: None Court Filing
NOTICE of TELEPHONE Status Conference set for Friday, 9/18/2009, 10:00 AM before Judge Edmund A Sargus. (aq1 ) (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 169 Filed: 9/14/2009, Entered: None Court Filing
HEARING on Motions for Summary Judgment held before Judge Edmund A Sargus on 9/14/2009 re 151 149 - matter taken under submission (1.5 hr) (Court Reporter Laura Samuels.) (aq1 ) (Entered: 09/14/2009)
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Legal Document (Payment Possibly Required) 168 Filed: 8/26/2009, Entered: None Court Filing
NOTICE of ORAL ARGUMENT on Motions 151 149 for Summary Judgment set for Monday, 9/14/2009, 10:00 AM in Courtroom 2 - Columbus before Judge Edmund A Sargus. (aq1 ) (Entered: 08/26/2009)
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Legal Document (Payment Possibly Required) 167 Filed: 8/10/2009, Entered: None Court Filing
ORDER granting 166 Plaintiffs' Motion for Leave to File Manually Exhibit E to their Reply to OEA's Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment. Signed by Magistrate Judge Norah McCann King on 8/10/2009. (er1 ) (Entered: 08/10/2009)
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Legal Document (Payment Possibly Required) 166 Filed: 8/7/2009, Entered: None
MOTION for Leave to File Exhibit Manually by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Text of Proposed Order) (Cook, David) (Entered: 08/07/2009)
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Legal Document (Payment Possibly Required) 165 Filed: 8/7/2009, Entered: None
REPLY to Response to Motion re 151 MOTION for Summary Judgment filed by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Cook, David) (Additional attachment(s) added on 9/22/2009: # 8 Exhibit) (aq1). (Additional attachment(s) added on 9/22/2009: # 10 Exhibit A) (aq1). Modified text Exhibit A was deleted from docket because of peronal identifiers and re-filed. (sr). (Entered: 08/07/2009)
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Legal Document (Payment Possibly Required) 164 Filed: 8/7/2009, Entered: None
REPLY to Response to Motion re 149 MOTION for Summary Judgment Partial Summary Judgment filed by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 08/07/2009)
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Legal Document (Payment Possibly Required) 163 Filed: 8/6/2009, Entered: None
RESPONSE to Motion re 147 MOTION to Exclude Expert Testimony by Claude Poulin Regarding Damages in Further Support filed by Defendant Ohio Education Association. (Attachments: # 1 Exhibit 1 - March 1, 2009 Email from Cook to Poulin, # 2 Exhibit 2 - Poulin Timesheets, # 3 Exhibit 3 - Rivi Timesheets, # 4 Exhibit 4 - March 4, 2009 Email from Poulin to Cook, # 5 Exhibit 5 - August 13, 2008 Email from Cook to Poulin, # 6 Exhibit 6 - February 23, 2009 Email from Poulin to Rivi, # 7 Exhibit 7 - August 13, 2008 Email from Cook to Poulin) (Eckelberry, Rodger) (Entered: 08/06/2009)
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Legal Document (Payment Possibly Required) 162 Filed: 7/22/2009, Entered: None
REPLY to Response to Motion re 146 MOTION for Sanctions filed by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Exhibit Unpublished Case, # 2 Exhibit Unpublished Case) (Cook, David) (Entered: 07/22/2009)
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Legal Document (Payment Possibly Required) 161 Filed: 7/20/2009, Entered: None
RESPONSE to Motion re 149 MOTION for Summary Judgment Partial Summary Judgment filed by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Cook, David) (Entered: 07/20/2009)
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Legal Document (Payment Possibly Required) 160 Filed: 7/20/2009, Entered: None
RESPONSE in Opposition re 151 MOTION for Summary Judgment filed by Defendant Ohio Education Association. (Attachments: # 1 Exhibit 1 - Declaration of Rodger Eckelberry, # 2 Exhibit 2 - Declaration of Susan Babcock, # 3 Exhibit A to Ex. 2 - Bargaining Notes, # 4 Exhibit B to Ex. A - 08-29-81 Counter-Proposal, # 5 Exhibit C to Ex. 2 - OASU Group Ins. Plan for 1981-84, # 6 Exhibit D to Ex. 2 - March 2001 Email String, # 7 Exhibit E to Ex. 2 - 03-01-04 Email between Reardon and Barkley, # 8 Exhibit F to Ex. 2 - 03-11-04 Email between Reardon and Barkley, # 9 Exhibit 3 - 01-20-98 Letter from Bourgault to Looker, # 10 Exhibit 4 - OASU 1997 Initial Contract Proposal, # 11 Exhibit 5 - Excerpt of 1987 PSU Bargaining Notes, # 12 Exhibit 6 - Affidavit of Jon A. Woods, # 13 Exhibit 7 - 06-06-95 Letter from Guy to Anthony, # 14 Exhibit 8 - Excerpt from PSU Group Ins. Plan, # 15 Exhibit 9 - US Census Statistical Abstract 2004-2005, # 16 Exhibit 10 - Pf's Responses to Def's 4th Combined Interrogs and RFPs) (Eckelberry, Rodger) (Entered: 07/20/2009)
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Legal Document (Payment Possibly Required) 159 Filed: 7/16/2009, Entered: None
RESPONSE to Motion re 147 MOTION to Exclude Expert Testimony by Claude Poulin Regarding Damages filed by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Cook, David) (Entered: 07/16/2009)
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Legal Document (Payment Possibly Required) 158 Filed: 7/8/2009, Entered: None
RESPONSE in Opposition re 146 MOTION for Sanctions filed by Defendant Ohio Education Association. (Attachments: # 1 Exhibit A - Declaration of Rodger L. Eckelberry, # 2 Exhibit A-1 01/16/08 Email from Eckelberry to Cook, # 3 Exhibit A-2 06/03/08 Letter from Eckelberry to Rickey, # 4 Exhibit A-3 10/29/08 Letter from Eckelberry to Rickey, # 5 Exhibit A-4 10/31/08 Letter from Rickey to Eckelberry, # 6 Exhibit A-5 Excerpt from Plaintiffs' Appellate Brief, # 7 Exhibit B - Declaration of Susan Babcock, # 8 Exhibit C - Declaration of James Martin, # 9 Exhibit D - Declaration of Rachelle Johnson, # 10 Exhibit E - Declaration of Matthew Hoyt, # 11 Exhibit F - Declaration of Linda Fiely, # 12 Exhibit G - Declaration of Jhyana Koob, # 13 Exhibit H - Declaration of Mathew Roberts, # 14 Exhibit H-1 11/12/08 email from Roberts to Cook & Rickey, # 15 Exhibit H-2 12/01/08 Letter from Roberts to Rickey) (Eckelberry, Rodger) (Entered: 07/08/2009)
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Legal Document (Payment Possibly Required) 157 Filed: 6/26/2009, Entered: None Court Filing
ORDER granting 156 Motion for Extension of Time to File Response. Defendant's response in Opposition to Plaintiff's Motion for Sanctions # 146 , due by 07/08/2009. Plaintiff's Reply due by 07/22/2009. Plaintiff's Response in Opposition to Defendant's Motion to Exclude Expert Testimony # 147 due by 07/20/2009. Defendant's Reply due by 08/06/2009. Signed by Magistrate Judge Norah McCann King on 06/26/2009. (sr) (Entered: 06/26/2009)
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Legal Document (Payment Possibly Required) 156 Filed: 6/26/2009, Entered: None
Joint MOTION for Extension of Time to File Response/Reply New date requested 7/8/2009. See Docket #146-147 by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery, Defendant Ohio Education Association, Movant Coalition of Retired Employees of Ohio Education Association. (Attachments: # 1 Text of Proposed Order) (Cook, David) (Entered: 06/26/2009)
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Legal Document (Payment Possibly Required) 155 Filed: 6/24/2009, Entered: None
NOTICE of Appearance by Jennie Gayle Arnold Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery (Arnold, Jennie) (Entered: 06/24/2009)
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Legal Document (Payment Possibly Required) 154 Filed: 6/17/2009, Entered: None
EXHIBIT J and M - Exhibt J (Audio track) manually filed in the Clerk's office. Exhibits filed by Plaintiffs James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Exhibit M - Part 2, # 2 Exhibit M Part 3) (sr) (Entered: 06/18/2009)
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Legal Document (Payment Possibly Required) 153 Filed: 6/16/2009, Entered: None Court Filing
ORDER granting 152 Motion for leave to file manually exhibits J and M to their Motion for Summary Judgment. Signed by Magistrate Judge Norah McCann King on 06/16/2009. (sr) (Entered: 06/16/2009)
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Legal Document (Payment Possibly Required) 152 Filed: 6/15/2009, Entered: None
MOTION for Leave to File Manually, Exhibits J and M to Plaintiffs' Motion for Summary Judgment by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Text of Proposed Order) (Cook, David) (Entered: 06/15/2009)
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Legal Document (Payment Possibly Required) 151 Filed: 6/15/2009, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. Responses due by 7/20/2009 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I, # 9 Exhibit J, # 10 Exhibit K, # 11 Exhibit L) (Cook, David) (Entered: 06/15/2009)
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Legal Document (Payment Possibly Required) 150 Filed: 6/15/2009, Entered: None
NOTICE of Appearance by Ellen Michel Grachek Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery (Grachek, Ellen) (Entered: 06/15/2009)
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Legal Document (Payment Possibly Required) 149 Filed: 6/15/2009, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment Partial Summary Judgment by Defendant Ohio Education Association. Responses due by 7/9/2009 (Attachments: # 1 Exhibit A - Plfs' Objections & Answers to Def's 3rd Combined Set of Interrogs & RFPs to Plfs Whaley & Montgomery) (Eckelberry, Rodger) (Entered: 06/15/2009)
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Legal Document (Payment Possibly Required) 148 Filed: 6/15/2009, Entered: None
NOTICE OF FILING DEPOSITION of Claude Poulin by Defendant Ohio Education Association by Defendant Ohio Education Association. (Attachments: # 1 Exhibit Deposition of Claude Poulin, # 2 Exhibit 1 - Amended Notice of Subpoena to Attend Deposition, # 3 Exhibit 2 - Amended Notice of Subpoena for Production of Documents, # 4 Errata 3 - Declaration of Claude Poulin, # 5 Exhibit 4 - Damage Calculations Spreadsheet, # 6 Exhibit 5 - Retiree Dependents Chart, # 7 Exhibit 6 - Class Rep Losses, # 8 Exhibit 7 - Management Summary Healthcare Analysis, # 9 Exhibit 8 - Ltr from Poulin to Cook, # 10 Exhibit 9 - Email from Cook to Poulin) (Eckelberry, Rodger) (Entered: 06/15/2009)
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Legal Document (Payment Possibly Required) 147 Filed: 6/15/2009, Entered: None
MOTION to Exclude Expert Testimony by Claude Poulin Regarding Damages by Defendant Ohio Education Association. (Attachments: # 1 Exhibit A - Plfs' Second Supplemental Rule 26(A)(1) Disclosures, # 2 Exhibit B - Plfs' Supplemental Resposnes to Def's First Interrogs and RFPs, # 3 Exhibit C - Deposition of Claude Poulin, # 4 Exhibit D - Email from Claude Poulin to Darla Rivi, March 1, 2009, # 5 Exhibit E - Plfs' Rule 26(A)(1) Initial Disclosures, # 6 Exhibit F - Plfs' Supplemental Rule 26(A)(1) Disclosures, # 7 Exhibit G - Depo of James Prater, # 8 Exhibit H - Depo of Betty Whaley) (Eckelberry, Rodger) (Entered: 06/15/2009)
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Legal Document (Payment Possibly Required) 146 Filed: 6/2/2009, Entered: None Motion for Sanctions
MOTION for Sanctions by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Exhibit A through I) (Cook, David) (Entered: 06/02/2009)
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Legal Document (Payment Possibly Required) 145 Filed: 5/20/2009, Entered: None Court Filing
ORDER: Response in Opposition to Motions For Summary Judgment due by 07/20/2009. Replies to Responses in Opposition due by 08/07/2009. Disposition Motion deadline shall remain as 06/15/2009. Signed by Magistrate Judge Norah McCann King on 05/20/2009. (sr) (Entered: 05/20/2009)
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Legal Document (Payment Possibly Required) 144 Filed: 5/19/2009, Entered: None
Joint MOTION for Extension of Time to File Response/Reply New date requested 7/20/2009. Stipulated Motion to Extend Response Deadlines by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery, Defendant Ohio Education Association, Movant Coalition of Retired Employees of Ohio Education Association. (Attachments: # 1 Text of Proposed Order) (Cook, David) (Entered: 05/19/2009)
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Legal Document (Payment Possibly Required) 143 Filed: 5/13/2009, Entered: None
NOTICE by Plaintiffs James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery, Movant Coalition of Retired Employees of Ohio Education Association of Filing of Plaintiffs' Expert Witness Report (Attachments: # 1 Declaration of Expert Witness, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Errata D, # 6 Exhibit E) (Cook, David) (Entered: 05/13/2009)
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Legal Document (Payment Possibly Required) 142 Filed: 4/29/2009, Entered: None
NOTICE by Defendant Ohio Education Association of Filing of Defendants' Expert Witness Report (Attachments: # 1 Exhibit A - Expert Report of Jon A. Woods) (Eckelberry, Rodger) (Entered: 04/29/2009)
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Legal Document (Payment Possibly Required) 141 Filed: 4/20/2009, Entered: None
DEPOSITION of Lori DeVore taken on 1.20.09 by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 04/20/2009)
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Legal Document (Payment Possibly Required) 140 Filed: 4/20/2009, Entered: None
NOTICE OF FILING DEPOSITION of Lori DeVore by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 04/20/2009)
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Legal Document (Payment Possibly Required) 139 Filed: 4/10/2009, Entered: None
STIPULATION Joint Stipulation of Limited Extension of Expert Witness Discovery by Defendant Ohio Education Association. (Attachments: # 1 Text of Proposed Order) (Eckelberry, Rodger) (Entered: 04/10/2009)
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Legal Document (Payment Possibly Required) 138 Filed: 3/4/2009, Entered: None
NOTICE by Plaintiffs James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery, Movant Coalition of Retired Employees of Ohio Education Association Notice of Plaintiffs' Expert Witness Disclosures (Cook, David) (Entered: 03/04/2009)
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Legal Document (Payment Possibly Required) 137 Filed: 3/3/2009, Entered: None Court Filing
ORDER finding as moot 135 Motion to Amend/Correct; GRANTING 136 Motion for Extension of Time for plaintiff expert witness disclosures. Plaintiff expert disclosure deadline 3/4/09. Signed by Magistrate Judge Norah McCann King on 3/2/09. (jcw) (Entered: 03/03/2009)
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Legal Document (Payment Possibly Required) 136 Filed: 3/2/2009, Entered: None
Unopposed MOTION for Extension of Time New date requested 3/4/2009. Motion to Extend Expert Witness Deadline by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 03/02/2009)
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Legal Document (Payment Possibly Required) 135 Filed: 3/2/2009, Entered: None
Unopposed MOTION to Amend/Correct Record 134 by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 03/02/2009)
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Legal Document (Payment Possibly Required) 134 Filed: 3/2/2009, Entered: None
STIPULATION to Extend Plaintiffs' Expert Witness Deadline by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery, Defendant Ohio Education Association, Movant Coalition of Retired Employees of Ohio Education Association. (Cook, David) Modified on 3/2/2009 to add text. (kch1) (Entered: 03/02/2009)
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Legal Document (Payment Possibly Required) 133 Filed: 2/23/2009, Entered: None
DEPOSITION of William Sundermeyer taken on 12.29.08 by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 02/23/2009)
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Legal Document (Payment Possibly Required) 132 Filed: 2/23/2009, Entered: None
NOTICE OF FILING DEPOSITION of William Sundermeyer by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 02/23/2009)
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Legal Document (Payment Possibly Required) 131 Filed: 1/20/2009, Entered: None
DEPOSITION of William Sundermeyer taken on December 29, 2008 by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) Modified to remove PDF on 1/21/2009 (mr1, ). (Entered: 01/20/2009)
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Legal Document (Payment Possibly Required) 130 Filed: 1/20/2009, Entered: None
NOTICE OF FILING DEPOSITION of William Sundermeyer by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) Modified to remove PDF on 1/21/2009 (mr1, ). (Entered: 01/20/2009)
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Legal Document (Payment Possibly Required) 129 Filed: 1/13/2009, Entered: None
ORDER re 128 Stipulation. Plaintiff's expert disclosures due by 03/02/2009. Defendant's expert disclosures due by 04/15/2009. Rebuttal expert disclosures due by 05/01/2009. Close of expert discovery due by 06/01/2009. Dispositive motions due by 06/15/2009. Signed by Norah McCann King on 01/12/2009. (sr) (Entered: 01/13/2009)
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Legal Document (Payment Possibly Required) 128 Filed: 1/12/2009, Entered: None
STIPULATION of Extension of Expert Witness Deadlines by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery, Defendant Ohio Education Association. (Cook, David) (Entered: 01/12/2009)
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Legal Document (Payment Possibly Required) 127 Filed: 12/24/2008, Entered: None
DEPOSITION of Dennis Reardon taken on 7-30-2008 by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Signature and Certification, # 2 Errata) (Cook, David) (Entered: 12/24/2008)
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Legal Document (Payment Possibly Required) 126 Filed: 12/23/2008, Entered: None
DEPOSITION of Christopher Lopez taken on 9-5-2008 by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Signature and Certification) (Cook, David) (Entered: 12/23/2008)
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Legal Document (Payment Possibly Required) 125 Filed: 12/23/2008, Entered: None
DEPOSITION of James Martin taken on 7-28-2008 by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Signature and Certification, # 2 Errata) (Cook, David) (Entered: 12/23/2008)
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Legal Document (Payment Possibly Required) 124 Filed: 12/23/2008, Entered: None
NOTICE OF FILING DEPOSITION of James Martin, Dennis Reardon and Christopher Lopez by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 12/23/2008)
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Legal Document (Payment Possibly Required) 123 Filed: 12/19/2008, Entered: None
ORDER re 122 Stipulation extending the discovery deadline for the limited purpose of deposing Lori Devore & for receipt of document production from AON Consulting to 1/20/2009 - all other discovery due by 12/31/2008. Signed by Norah McCann King on 12/18/2008. (kk2) (Entered: 12/19/2008)
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Legal Document (Payment Possibly Required) 122 Filed: 12/18/2008, Entered: None
STIPULATION to Extend Discovery by Plaintiffs James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley and Joan P. Montgomery & Defendant Ohio Education Association. (Cook, David) Modified on 12/22/2008 to correct filers (kk2). (Entered: 12/18/2008)
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Legal Document (Payment Possibly Required) 121 Filed: 12/17/2008, Entered: None
NOTICE to Take Deposition of William Sundermeyer by Plaintiffs James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley & Joan P. Montgomery. (Attachments: # 1 Subpoena of William Sundermeyer) (Cook, David) Modified on 12/22/2008 to correct filers (kk2). (Entered: 12/17/2008)
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Legal Document (Payment Possibly Required) 120 Filed: 12/17/2008, Entered: None
NOTICE to Take Deposition of Lori DeVore by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 12/17/2008)
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Legal Document (Payment Possibly Required) 119 Filed: 12/15/2008, Entered: None
NOTICE by Plaintiffs James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery re 118 Notice to Take Deposition Amended (Cook, David) (Entered: 12/15/2008)
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Legal Document (Payment Possibly Required) 118 Filed: 11/19/2008, Entered: None
NOTICE to Take Deposition of Lori DeVore on Wednesday, December 17, 2008 by Plaintiffs James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Exhibit) (rew ) (Entered: 11/25/2008)
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Legal Document (Payment Possibly Required) 117 Filed: 11/19/2008, Entered: None
NOTICE by Plaintiffs James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery of Deposition of Lori DeVore (Attachments: # 1 Subpoena and Document Production Attachment) (Cook, David) (Entered: 11/19/2008)
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Legal Document (Payment Possibly Required) 116 Filed: 8/13/2008, Entered: None
NOTICE of Subpoena of Christopher Lopez re 113 Notice to Take Deposition by Plaintiffs James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley & Joan P. Montgomery (Cook, David) Modified on 8/14/2008 to clarify text (kk2). (Entered: 08/13/2008)
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Legal Document (Payment Possibly Required) 115 Filed: 8/11/2008, Entered: None
ANSWER to 111 Amended Complaint by Defendant Ohio Education Association. (Asensio, Manuel) (Entered: 08/11/2008)
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Legal Document (Payment Possibly Required) 114 Filed: 8/8/2008, Entered: None
AMENDED NOTICE to Take Deposition of Christopher Lopez by Plaintiffs James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley & Joan P. Montgomery. (Rickey, Robert) Modified on 8/11/2008 to correct text (kk2). (Entered: 08/08/2008)
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Legal Document (Payment Possibly Required) 113 Filed: 8/8/2008, Entered: None
NOTICE to Take Deposition of Christopher A. Lopez by Plaintiffs James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley & Joan P. Montgomery. (Rickey, Robert) (Entered: 08/08/2008)
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Legal Document (Payment Possibly Required) 112 Filed: 7/28/2008, Entered: None
CONTINUED PRELIMINARY PRETRIAL ORDER: Pltfs' Primary Expert due by 2/15/2009 - deft's Primary Expert due by 3/31/2009; Rebuttal Experts due by 4/30/2009; Non-Expert Discovery due by 12/31/2008 - Expert Discovery due by 5/15/2009; MSJ due by 6/15/2009; Final Pretrial Conference ready by 10/2009. Signed by Norah McCann King on 7/25/2008. (kk1) Modified Pltf's Primary Expert date on 7/29/2008 (er1 ). (Entered: 07/28/2008)
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Legal Document (Payment Possibly Required) 111 Filed: 7/28/2008, Entered: None
AMENDED COMPLAINT against Ohio Education Association, filed by James I. Prater, John Wardell, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 07/28/2008)
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Legal Document (Payment Possibly Required) 110 Filed: 7/7/2008, Entered: None
ORDER: Continued Preliminary Pretrial Conference RESET for 7/25/2008 @ 11:00am in chambers before Norah McCann King. Signed by Norah McCann King on 7/7/2008. (kk2) (Entered: 07/07/2008)
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Legal Document (Payment Possibly Required) 109 Filed: 6/27/2008, Entered: None
Notice of Correction - the docket attached to the pretrial notice was in error. The correct date should be 7/17/2008. The correct notice document has been attached to the pretrial notice and is attached to this entry. (jm1, ) (Entered: 06/27/2008)
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Legal Document (Payment Possibly Required) 108 Filed: 6/27/2008, Entered: None
NOTICE of Hearing: Continued Preliminary Pretrial Conference set for 7/17/2008 @ 02:30 PM in chambers before Norah McCann King. (jm1, ) (Additional attachment(s) added on 6/27/2008: # 1 notice) (jm1, ). (Entered: 06/27/2008)
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Legal Document (Payment Possibly Required) 107 Filed: 6/26/2008, Entered: None
OPINION AND ORDER granting 92 Plaintiff's Motion to Substitute Party; granting 93 Plaintiff's Motion for Leave to File First Amended Complaint; and granting 15 Plaintiff's Motion for Class Certification. Signed by Edmund A Sargus on 06/26/2008. (dh) (Entered: 06/26/2008)
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Legal Document (Payment Possibly Required) 106 Filed: 5/16/2008, Entered: None
REPLY to Response to Motion re 15 MOTION to Certify Class Plaintiffs' Reply to Defendant's Response to Plaintiffs' Request to Strike Defendant's Supplemental Brief in Opposition to Class Certification filed by Plaintiffs Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 05/16/2008)
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Legal Document (Payment Possibly Required) 105 Filed: 5/15/2008, Entered: None
ORDER correcting 103 (Order) to provide that plaintiffs' reply in further support of 15 MOTION to Certify Class due by 5/16/2008. Signed by Norah McCann King on 5/14/2008. (kk1) (Entered: 05/15/2008)
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Legal Document (Payment Possibly Required) 104 Filed: 5/8/2008, Entered: None
RESPONSE in Opposition re 15 MOTION to Certify Class to Plaintiffs' Request to Strike Defendant's Supplemental Brief in Opposition to Class Certification filed by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 05/08/2008)
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Legal Document (Payment Possibly Required) 103 Filed: 5/7/2008, Entered: None
ORDER: Defendant to file supplemental memorandum opposing 15 MOTION to Certify Class by 5/9/2008; pltfs may reply by 5/14/2008. Signed by Norah McCann King on 5/7/2008. (kk2) (Entered: 05/07/2008)
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Legal Document (Payment Possibly Required) 102 Filed: 4/29/2008, Entered: None
REPLY to 100 Response to 15 MOTION to Certify Class Plaintiffs' Response to OEA's Supplemental Opposition to Motion for Class Certification filed by Plaintiffs Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 04/29/2008)
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Legal Document (Payment Possibly Required) 101 Filed: 4/25/2008, Entered: None
ORDER: Plaintiffs' response to 100 Supplemental Memorandum due 4/29/2008. Signed by Norah McCann King on 4/24/2008. (kk2) (Entered: 04/25/2008)
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Legal Document (Payment Possibly Required) 100 Filed: 4/17/2008, Entered: None
RESPONSE in Opposition re 15 MOTION to Certify Class Limited Supplemental Brief in Opposition on Element of Adequacy of Class Representatives and Class Counsel filed by Defendant Ohio Education Association. (Attachments: # 1 Exhibit A- Declaration of M.J. Asensio, # 2 Exhibit Tab 1 to Exhibit A - Settlement Offer, # 3 Exhibit Tab 2 to Exhibit A - Response to Settlement Offer) (Eckelberry, Rodger) (Entered: 04/17/2008)
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Legal Document (Payment Possibly Required) 99 Filed: 4/17/2008, Entered: None
NOTICE OF FILING DEPOSITION of John Wardell by Defendant Ohio Education Association by Defendant Ohio Education Association. (Attachments: # 1 Appendix Deposition of John Wardell, # 2 Exhibit D-60 to Wardell Deposition, # 3 Exhibit D-61 to Wardell Deposition, # 4 Exhibit D-62 to Wardell Deposition, # 5 Exhibit D-63 to Wardell Deposition, # 6 Exhibit D-64 to Wardell Deposition, # 7 Exhibit D-65 to Wardell Deposition, # 8 Exhibit D-66 to Wardell Deposition, # 9 Exhibit D-67 to Wardell Deposition, # 10 Exhibit D-68 to Wardell Deposition, # 11 Exhibit D-69 to Wardell Deposition, # 12 Exhibit D-70 to Wardell Deposition, # 13 Exhibit D-71 to Wardell Deposition, # 14 Exhibit D-72 to Wardell Deposition, # 15 Exhibit D-73 to Wardell Deposition, # 16 Exhibit D-74 to Wardell Deposition, # 17 Exhibit D-75 to Wardell Deposition, # 18 Exhibit D-76 to Wardell Deposition) (Eckelberry, Rodger) (Entered: 04/17/2008)
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Legal Document (Payment Possibly Required) 98 Filed: 2/27/2008, Entered: None
ORDER Modifing # 97 Order on Motion to Stay. Plaintiffs will respond to defendants current written discovery request prior to 3/06/08. Jeffrey B Westfall will be deposed on 3/19/08, in Cincinnati, Ohio. Defendant may file a supplemental memorandum on the class certification issue by 3/31/08. Signed by Norah McCann King on 2/27/08. (rew ) (Entered: 02/28/2008)
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Legal Document (Payment Possibly Required) 97 Filed: 2/26/2008, Entered: None
ORDER granting 94 Motion to Stay ruling on the Class Certification to the extent outlined in the Order. Signed by Edmund A Sargus on 02/26/2008. (dh) (Entered: 02/26/2008)
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Legal Document (Payment Possibly Required) 96 Filed: 2/25/2008, Entered: None
RESPONSE in Support re 94 MOTION to Stay re 93 MOTION for Leave to File First Amended Complaint and Memorandum in Support, 15 MOTION to Certify Class, 92 MOTION to Substitute Party and Memorandum in Support Ruling on Class Certification MOTION to Stay re 93 MOTION for Leave to File First Amended Complaint and Memorandum in Support, 15 MOTION to Certify Class, 92 MOTION to Substitute Party and Memorandum in Support Ruling on Class Certification filed by Defendant Ohio Education Association. (Attachments: # 1 Exhibit A - Declaration of Rodger Eckelberry, # 2 Exhibit 1 - 01-22-08 Email, # 3 Exhibit 2 - Wardell Subpoena, # 4 Exhibit B - OEA v. Lopez Deposition of Wardell) (Eckelberry, Rodger) (Entered: 02/25/2008)
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Legal Document (Payment Possibly Required) 95 Filed: 2/19/2008, Entered: None
RESPONSE in Opposition re 94 MOTION to Stay re 93 MOTION for Leave to File First Amended Complaint and Memorandum in Support, 15 MOTION to Certify Class, 92 MOTION to Substitute Party and Memorandum in Support Ruling on Class Certification MOTION to Stay re 93 MOTION for Leave to File First Amended Complaint and Memorandum in Support, 15 MOTION to Certify Class, 92 MOTION to Substitute Party and Memorandum in Support Ruling on Class Certification filed by Plaintiffs Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 02/19/2008)
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Legal Document (Payment Possibly Required) 94 Filed: 1/29/2008, Entered: None
MOTION to Stay re 93 MOTION for Leave to File First Amended Complaint and Memorandum in Support, 15 MOTION to Certify Class, 92 MOTION to Substitute Party and Memorandum in Support Ruling on Class Certification by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 01/29/2008)
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Legal Document (Payment Possibly Required) 93 Filed: 1/22/2008, Entered: None
MOTION for Leave to File First Amended Complaint and Memorandum in Support by Plaintiffs Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 01/22/2008)
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Legal Document (Payment Possibly Required) 92 Filed: 1/22/2008, Entered: None
MOTION to Substitute Party and Memorandum in Support by Plaintiffs Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 01/22/2008)
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Legal Document (Payment Possibly Required) 91 Filed: 1/22/2008, Entered: None
SUGGESTION OF DEATH Upon the Record of Class Representative Jeffrey B. Westfall by Plaintiffs Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 01/22/2008)
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Legal Document (Payment Possibly Required) 90 Filed: 12/5/2007, Entered: None
Response to Plaintiffs' Supplemental Citation of Authority in Support of Plaintiffs' Motion for Class Certification by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 12/05/2007)
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Legal Document (Payment Possibly Required) 89 Filed: 11/21/2007, Entered: None
Supplemental Memorandum Supporting re 15 MOTION to Certify Class filed by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 11/21/2007)
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Legal Document (Payment Possibly Required) 88 Filed: 11/5/2007, Entered: None
MANDATE of USCA pursuant to the courts disposition that was filed 10/03/07 the mandate for this case herby issues as to 81 Notice of Appeal, filed by Betty L Whaley, Jeffrey B. Westfall, Harold J. Thorley, James I. Prater, Joan P. Montgomery (rew ) (Entered: 11/06/2007)
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Legal Document (Payment Possibly Required) 87 Filed: 10/22/2007, Entered: None Court Filing
ORDER: A continued preliminary pretrial conference will be held promptly upon resolution of the motion to certify by 11/15/07, the parties will report on the utility and, if appropriate, the scheduling of ADR. Signed by Judge Norah McCann King on 10/22/07. (rew ) (Entered: 10/23/2007)
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Legal Document (Payment Possibly Required) 86 Filed: 10/22/2007, Entered: None
NOTICE by Plaintiffs Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery Substitution of Counsel (Cook, David) (Entered: 10/22/2007)
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Legal Document (Payment Possibly Required) 85 Filed: 10/15/2007, Entered: None Court Filing
ORDER: Status Conference scheduled for 10/18/2007 has been RESCHEDULED for 10/22/2007 @ 02:00 PM before Judge Norah McCann King. Signed by Judge Norah McCann King on 10/15/07. (er ) (Entered: 10/15/2007)
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Legal Document (Payment Possibly Required) 84 Filed: 10/11/2007, Entered: None
NOTICE of Hearing: Status Conference set for 10/18/2007 @ 02:30 PM in chambers before Norah McCann King. (jm1, ) (Entered: 10/11/2007)
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Legal Document (Payment Possibly Required) 83 Filed: 10/4/2007, Entered: None
USCA JUDGMENT in consideration whereof it is ordered that the district courts grant of summary judgment is reversed the denial of the plaintiffs motion to amend their complaint is affirmed and the case is remanded for further proceedings consistent with the opinion of this court as to # 81 Notice of Appeal, filed by Betty L Whaley, Jeffrey B. Westfall, Harold J. Thorley, James I. Prater, Joan P. Montgomery (rew ) (Entered: 10/05/2007)
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Legal Document (Payment Possibly Required) 82 Filed: 10/4/2007, Entered: None
USCA INFORMATION COPY reversing the District Court's grant of summary judgment, affirm its denial of the plaintiffs motion to amend their complaint and remand for further proceedings as to # 81 Notice of Appeal. (rew ) (Entered: 10/05/2007)
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Legal Document (Payment Possibly Required) 81 Filed: 10/19/2006, Entered: None
NOTICE OF APPEAL as to 80 Clerk's Judgment, 79 Order on Motion for Summary Judgment by Plaintiffs Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) Modified on 10/20/2006- filing fee was not paid at the time of this entry (er ). (Entered: 10/19/2006)
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Legal Document (Payment Possibly Required) 80 Filed: 9/28/2006, Entered: None
JUDGMENT entered pursuant to the Opinion and Order filed 09/28/06. This case is closed.(dh) (Entered: 09/28/2006)
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Legal Document (Payment Possibly Required) 79 Filed: 9/28/2006, Entered: None Court Filing
OPINION AND ORDER granting 40 and 41 Defendant's Motion for Summary Judgment; denying 57 Plaintiff's Motion for Oral Argument; denying 15 Plaintiff's Motion for Class Certification; denying 17 Defendant's Motion to Compel compliance with subpoena; denying 46 Defendant's Motion for Leave to file a Surreply instanter; and denying 56 Plaintiff's Motion for Leave to file an Amended Complaint. Signed by Judge Edmund A Sargus on 09/28/06. (dh) (Entered: 09/28/2006)
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Legal Document (Payment Possibly Required) 78 Filed: 9/7/2006, Entered: None Court Filing
ORDER: The parties report that settlement discussions have reached an impasse at least for the present. The pending motions, wh/are fully briefed, are therefore appropriate for consideration by the Court. Signed by Judge Norah McCann King on 9/7/06. (er ) (Entered: 09/08/2006)
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Legal Document (Payment Possibly Required) 77 Filed: 8/16/2006, Entered: None Court Filing
STATUS REPORT ORDER: Parties are ORDERED to file another Status Report by 9/5/2006. Signed by Judge Norah McCann King on 8/16/06. (er ) (Entered: 08/16/2006)
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Legal Document (Payment Possibly Required) 76 Filed: 8/15/2006, Entered: None
NOTICE of Settlement Status Negotiations by Defendant Ohio Education Association (Eckelberry, Rodger) (Entered: 08/15/2006)
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Legal Document (Payment Possibly Required) 75 Filed: 8/4/2006, Entered: None Court Filing
STATUS REPORT ORDER: Parties are ORDERED to file the Status Report by 8/15/2006. Signed by Judge Norah McCann King on 8/4/06. (er ) (Entered: 08/04/2006)
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Legal Document (Payment Possibly Required) 74 Filed: 7/7/2006, Entered: None Court Filing
STATUS REPORT ORDER: Parties are ORDERED to file a Status Report of the settlement discussions by 7/31/2006. Signed by Judge Norah McCann King on 7/7/06. (er ) (Entered: 07/07/2006)
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Legal Document (Payment Possibly Required) 73 Filed: 7/5/2006, Entered: None
NOTICE by Defendant Ohio Education Association of Status of Settlement Discussions (Asensio, Manuel) (Entered: 07/05/2006)
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Legal Document (Payment Possibly Required) 72 Filed: 6/5/2006, Entered: None Court Filing
STATUS REPORT ORDER: The parties are ordered to file report on the status of the settlement discussions by 6/30/2006. Signed by Judge Norah McCann King on 6/05/06. (rew ) (Entered: 06/06/2006)
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Legal Document (Payment Possibly Required) 71 Filed: 6/1/2006, Entered: None Court Filing
STATUS REPORT ORDER: Parties are ORDERED to file the required Status Report by 6/6/2006. Signed by Judge Norah McCann King on 6/1/06. (er ) (Entered: 06/02/2006)
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Legal Document (Payment Possibly Required) 70 Filed: 6/1/2006, Entered: None
NOTICE by Plaintiffs Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery of Status of Settlement Discussions (Simon, Stephen) (Entered: 06/01/2006)
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Legal Document (Payment Possibly Required) 69 Filed: 5/2/2006, Entered: None Court Filing
STATUS REPORT ORDER: Parties are ORDERED to file another Status Report of settlement discussions by 5/31/2006. Signed by Judge Norah McCann King on 5/2/06. (er ) (Entered: 05/02/2006)
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Legal Document (Payment Possibly Required) 68 Filed: 5/1/2006, Entered: None
NOTICE by Defendant Ohio Education Association re 67 Status Report Order of Status of Settlement Discussions (Asensio, Manuel) (Entered: 05/01/2006)
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Legal Document (Payment Possibly Required) 67 Filed: 4/18/2006, Entered: None Court Filing
STATUS REPORT ORDER: Parties are ORDERED to file another Status Report by 5/1/2006. Signed by Judge Norah McCann King on 4/18/06. (er ) (Entered: 04/18/2006)
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Legal Document (Payment Possibly Required) 66 Filed: 4/17/2006, Entered: None
NOTICE by Defendant Ohio Education Association of Status of Settlement Discussions (Asensio, Manuel) (Entered: 04/17/2006)
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Legal Document (Payment Possibly Required) 65 Filed: 4/3/2006, Entered: None Court Filing
ORDER parties will file a report on the status of settlement discussions by 4/17/06. Signed by Judge Norah McCann King on 4/03/06. (rew ) (Entered: 04/03/2006)
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Legal Document (Payment Possibly Required) 64 Filed: 3/16/2006, Entered: None Court Filing
ORDER denying without prejudice to renewal pending the outcome of the Summary Judgment Motions the following motions: 15 Plaintiffs' Motion to Certify Class and 17 Defendant's Motion to Compel compliance with subpoena . Signed by Judge Edmund A Sargus on 03/16/2006. (dh) (Entered: 03/16/2006)
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Legal Document (Payment Possibly Required) 63 Filed: 3/13/2006, Entered: None
NOTICE of Appearance by Manuel Jose Asensio, III Defendant Ohio Education Association (Asensio, Manuel) (Entered: 03/13/2006)
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Legal Document (Payment Possibly Required) 62 Filed: 2/27/2006, Entered: None
NOTICE by Plaintiffs Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery, Movant Coalition of Retired Employees of Ohio Education Association of Service of Mediation Settlement Demand (Cook, David) (Entered: 02/27/2006)
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Legal Document (Payment Possibly Required) 61 Filed: 2/17/2006, Entered: None
REPLY to Response to Motion re 56 MOTION for Leave to File First Amended Complaint and Motion to Modify Scheduling Order filed by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 02/17/2006)
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Legal Document (Payment Possibly Required) 60 Filed: 2/6/2006, Entered: None
RESPONSE in Opposition re 56 MOTION for Leave to File First Amended Complaint and Motion to Modify Scheduling Order filed by Defendant Ohio Education Association. (Attachments: # 1 Exhibit A)(Hoyt, Matthew) (Entered: 02/06/2006)
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Legal Document (Payment Possibly Required) 59 Filed: 2/6/2006, Entered: None
RESPONSE in Opposition re 57 MOTION For Oral Argument re 15 MOTION to Certify Class, 40 MOTION for Summary Judgment On The Claims of Plaintiffs James Prater, Harold Thorley, and Jeffrey Westfall, 41 MOTION for Summary Judgment Or, Alternatively, Partial Summary Ju filed by Defendant Ohio Education Association. (Hoyt, Matthew) (Entered: 02/06/2006)
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Legal Document (Payment Possibly Required) 58 Filed: 1/31/2006, Entered: None
NOTICE of Hearing: Settlement Conference set for 3/14/2006 @ 09:00 AM before Mediator David Patterson. (jdm, ) (Entered: 01/31/2006)
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Legal Document (Payment Possibly Required) 57 Filed: 1/13/2006, Entered: None
MOTION For Oral Argument re 15 MOTION to Certify Class, 40 MOTION for Summary Judgment On The Claims of Plaintiffs James Prater, Harold Thorley, and Jeffrey Westfall, 41 MOTION for Summary Judgment Or, Alternatively, Partial Summary Judgment, On The Claims of Plaintiffs Betty Whaley and Joan Montgomery by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 01/13/2006)
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Legal Document (Payment Possibly Required) 56 Filed: 1/13/2006, Entered: None
MOTION for Leave to File First Amended Complaint and Motion to Modify Scheduling Order by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Exhibit A - First Amended Complaint# 2 Exhibit B - Kaylor v. Radde case)(Cook, David) (Entered: 01/13/2006)
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Legal Document (Payment Possibly Required) 55 Filed: 12/28/2005, Entered: None
RESPONSE in Support re 40 MOTION for Summary Judgment On The Claims of Plaintiffs James Prater, Harold Thorley, and Jeffrey Westfall, 41 MOTION for Summary Judgment Or, Alternatively, Partial Summary Judgment, On The Claims of Plaintiffs Betty Whaley and Joan Montgomery filed by Defendant Ohio Education Association. (Attachments: # 1 Exhibit Def. Exhibit O50# 2 Exhibit Def. Exhibit D53)(Eckelberry, Rodger) (Entered: 12/28/2005)
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Legal Document (Payment Possibly Required) 54 Filed: 12/12/2005, Entered: None Court Filing
ORDER granting 53 Motion for Extension of Time in which to file a reply in support of motions for summary judgment by 12/28/05. Signed by Judge Norah McCann King on 12/12/05. (er ) (Entered: 12/12/2005)
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Legal Document (Payment Possibly Required) 53 Filed: 12/9/2005, Entered: None
MOTION for Extension of Time New date requested 12/28/2005. to File Reply in Support of Motions For Summary Judgment by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 12/09/2005)
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Legal Document (Payment Possibly Required) 52 Filed: 12/1/2005, Entered: None
NOTICE by Plaintiffs Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery re 51 Response in Opposition to Motion,, of Substitution of Sharon Sutherland Declaration (Attachments: # 1 Exhibit A - Sharon Sutherland Declaration revised)(Cook, David) (Entered: 12/01/2005)
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Legal Document (Payment Possibly Required) 51 Filed: 11/30/2005, Entered: None
RESPONSE in Opposition re 40 MOTION for Summary Judgment On The Claims of Plaintiffs James Prater, Harold Thorley, and Jeffrey Westfall, 41 MOTION for Summary Judgment Or, Alternatively, Partial Summary Judgment, On The Claims of Plaintiffs Betty Whaley and Joan Montgomery filed by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Exhibit A - Sharon Sutherland Declaration# 2 Exhibit B - Richard Bourgault Declaration# 3 Exhibit C - Robert Barkley Declaration# 4 Exhibit D - Betty Whaley Declaration# 5 Exhibit E - Robert Mullins Declaration# 6 Exhibit F - ASARCO v. Steelworkers)(Cook, David) (Entered: 11/30/2005)
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Legal Document (Payment Possibly Required) 50 Filed: 11/30/2005, Entered: None Court Filing
ORDER vacating 49 the mediation conference scheduled for 12/16/05. Case will be referred to the 3/2006 Settlement Week. (Mediator Eugene Matan was notified of the vacated order by phone.) Signed by Judge Norah McCann King on 11/30/05. (er ) (Entered: 11/30/2005)
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Legal Document (Payment Possibly Required) 49 Filed: 11/28/2005, Entered: None
Joint MOTION to Continue Mediation by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 11/28/2005)
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Legal Document (Payment Possibly Required) 48 Filed: 11/14/2005, Entered: None
RESPONSE in Opposition re 46 MOTION for Leave to File Sur-Reply Instanter in Opposition to Plaintiffs' Motion For Class Certification filed by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 11/14/2005)
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Legal Document (Payment Possibly Required) 47 Filed: 11/8/2005, Entered: None
RESPONSE in Opposition re 15 MOTION to Certify Class Defendant's Sur-Reply in Opposition to Plaintiffs' Motion For Class Certification filed by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 11/08/2005)
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Legal Document (Payment Possibly Required) 46 Filed: 11/8/2005, Entered: None
MOTION for Leave to File Sur-Reply Instanter in Opposition to Plaintiffs' Motion For Class Certification by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 11/08/2005)
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Legal Document (Payment Possibly Required) 45 Filed: 11/3/2005, Entered: None
NOTICE of Hearing: Settlement Conference set for 12/16/2005 @ 09:00 AM before Mediator Eugene Matan. (jdm, ) (Entered: 11/03/2005)
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Legal Document (Payment Possibly Required) 44 Filed: 11/1/2005, Entered: None
REPLY to Response to Motion re 15 MOTION to Certify Class filed by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Attachments: # 1 Exhibit A - Declaration of John Wardell# 2 Exhibit B - Supp. Declaration of James Prater# 3 Exhibit C - Martin v. Taft (S.D. Ohio 2005)# 4 Exhibit D - Damage Calculations)(Cook, David) (Entered: 11/01/2005)
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Legal Document (Payment Possibly Required) 43 Filed: 10/12/2005, Entered: None Court Filing
ORDER granting 42 Unopposed MOTION for Extension of Time to File 38 Response in Opposition to Motion for Class Certification, due by 11/1/05, & 40 Response to Dft's MOTION for Summary Judgment, due by 11/30/05. Signed by Judge Norah McCann King on 10/12/05. (er ) (Entered: 10/12/2005)
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Legal Document (Payment Possibly Required) 42 Filed: 10/12/2005, Entered: None
Unopposed MOTION for Extension of Time to File Response/Reply as to 38 Response in Opposition to Motion, 40 MOTION for Summary Judgment On The Claims of Plaintiffs James Prater, Harold Thorley, and Jeffrey Westfall, 41 MOTION for Summary Judgment Or, Alternatively, Partial Summary Judgment, On The Claims of Plaintiffs Betty Whaley and Joan Montgomery New date requested 11/1/2005. for Reply to Response in Opposition and 11/30/05 to Motions for Summary Judgment by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Simon, Stephen) (Entered: 10/12/2005)
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Legal Document (Payment Possibly Required) 41 Filed: 10/5/2005, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment Or, Alternatively, Partial Summary Judgment, On The Claims of Plaintiffs Betty Whaley and Joan Montgomery by Defendant Ohio Education Association. Responses due by 10/31/2005 (Eckelberry, Rodger) (Entered: 10/05/2005)
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Legal Document (Payment Possibly Required) 40 Filed: 10/5/2005, Entered: None Motion for Summary Judgment
MOTION for Summary Judgment On The Claims of Plaintiffs James Prater, Harold Thorley, and Jeffrey Westfall by Defendant Ohio Education Association. Responses due by 10/31/2005 (Eckelberry, Rodger) (Entered: 10/05/2005)
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Legal Document (Payment Possibly Required) 39 Filed: 9/30/2005, Entered: None
NOTICE of Manual Filing of Appendix to Dft's Memorandum In Opposition to Pltf's Motion for Class Certification by Defendant Ohio Education Association. (er ) (Entered: 10/03/2005)
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Legal Document (Payment Possibly Required) 38 Filed: 9/30/2005, Entered: None
RESPONSE in Opposition re 15 MOTION to Certify Class filed by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 09/30/2005)
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Legal Document (Payment Possibly Required) 37 Filed: 9/27/2005, Entered: None Court Filing
ORDER granting 36 Dft's Motion for Leave to File exhibits manually. Signed by Judge Norah McCann King on 9/27/05. (er ) (Entered: 09/27/2005)
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Legal Document (Payment Possibly Required) 36 Filed: 9/26/2005, Entered: None
Unopposed MOTION for Leave to File Exhibits Manually by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 09/26/2005)
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Legal Document (Payment Possibly Required) 35 Filed: 9/21/2005, Entered: None
DEPOSITION of Betty Whaley taken on 08/30/05 by Defendant Ohio Education Association. (Attachments: # 1 Affidavit Signed Verification)(Eckelberry, Rodger) (Entered: 09/21/2005)
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Legal Document (Payment Possibly Required) 34 Filed: 9/21/2005, Entered: None
DEPOSITION of John Wardell taken on 08/23/05 by Defendant Ohio Education Association. (Attachments: # 1 Errata SIgned Errata & Verification Sheet)(Eckelberry, Rodger) (Entered: 09/21/2005)
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Legal Document (Payment Possibly Required) 33 Filed: 9/21/2005, Entered: None
DEPOSITION of Jeffrey Westfall taken on 08/31/05 by Defendant Ohio Education Association. (Attachments: # 1 Errata Signed Errata & Verification Sheet)(Eckelberry, Rodger) (Entered: 09/21/2005)
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Legal Document (Payment Possibly Required) 32 Filed: 9/21/2005, Entered: None
DEPOSITION of Joan Montgomery taken on 08/29/05 by Defendant Ohio Education Association. (Attachments: # 1 Errata Signed Errata & Verification Sheet)(Eckelberry, Rodger) (Entered: 09/21/2005)
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Legal Document (Payment Possibly Required) 31 Filed: 9/21/2005, Entered: None
DEPOSITION of Harold Thorley taken on 08/25/05 by Defendant Ohio Education Association. (Attachments: # 1 Affidavit Signed Verification)(Eckelberry, Rodger) (Entered: 09/21/2005)
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Legal Document (Payment Possibly Required) 30 Filed: 9/21/2005, Entered: None
DEPOSITION of James Prater taken on 08/24/05 by Defendant Ohio Education Association. (Attachments: # 1 Errata Signed Errata & Verification Sheet)(Eckelberry, Rodger) (Entered: 09/21/2005)
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Legal Document (Payment Possibly Required) 29 Filed: 9/21/2005, Entered: None
NOTICE by Defendant Ohio Education Association of Filing Deposition Transcripts (Eckelberry, Rodger) (Entered: 09/21/2005)
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Legal Document (Payment Possibly Required) 28 Filed: 8/3/2005, Entered: None Court Filing
ORDER granting 16 Defendant's Motion to Strike the Jury Demand . Signed by Judge Edmund A Sargus on 08/03/2005. (dh) (Entered: 08/03/2005)
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Legal Document (Payment Possibly Required) 27 Filed: 7/11/2005, Entered: None
RESPONSE in Opposition re 17 MOTION for Order to Compel Non-Party Coalition of Retired Employees of the Ohio Education Association to Comply with Subpoena Defendant Ohio Education Association's Supplemental Memorandum in Opposition to Motion of Coalition of Retired Employees of OEA's Motion For Leave to File Amended Resposne to OEA's Motion For an Order Compelling Compliance with Subpoena filed by Defendant Ohio Education Association. (Attachments: # 1 Exhibit Tab 1 - Case of USA v. ARMCO# 2 Exhibit Tab 2 - 05/07/04 Retention Agreement ltr# 3 Exhibit Tab 3 - Declaration of Rodger Eckelberry# 4 Exhibit Exhibit A to Tab 3 - CORE Information Request# 5 Exhibit 06/09/05 ltr from counsel for OASU# 6 Exhibit 07/08/05 ltr from counsel for OASU# 7 Exhibit Tab 6 - 02/28/05 ltr from President of PSU to Mr. Wardell President of CORE# 8 Exhibit Tab 7 - Discovery Requests)(Eckelberry, Rodger) (Entered: 07/11/2005)
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Legal Document (Payment Possibly Required) 26 Filed: 7/1/2005, Entered: None
Supplemental Memorandum Opposing re 17 MOTION for Order to Compel Non-Party Coalition of Retired Employees of the Ohio Education Association to Comply with Subpoena filed by Movants Coalition of Retired Employees of Ohio Education Association, Coalition of Retired Employees of Ohio Education Association. (Attachments: # 1 Exhibit CORE Privilege# 2 Exhibit Plaintiffs Privilege Log# 3 Exhibit Information Request)(Simon, Stephen) (Entered: 07/01/2005)
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Legal Document (Payment Possibly Required) 25 Filed: 6/14/2005, Entered: None Court Filing
ORDER: At the request of the parties, the schedule reflected in doc 24 is MODIFIED as follows: CORE is to produce to defendant its expanded privilege log by 6/29/05. CORE may supplement its memorandum in opposition to defendant's motion to compel, doc 17 , by 7/1/05; defendant may supplement its reply by 7/11/05. Signed by Judge Norah McCann King on 6/14/05. (er ) (Entered: 06/14/2005)
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Legal Document (Payment Possibly Required) 24 Filed: 6/13/2005, Entered: None Court Filing
ORDER: A discover conf was held on 6/10/05. All parties were represented. CORE shall produce to defendant a revised privilege log by 6/15/05. CORE may supplement its memo in opposition to defendant's motion to compel by 6/17/05, doc 17 . Defendant may supplement its reply by 6/24/05. Briefing schedule relating to plaintiffs' motion to certify, doc 15 , is EXTENDED to a date to be set at a discovery conference held on 7/12/05 at 10:00a.m. Signed by Judge Norah McCann King on 6/13/05. (er ) (Entered: 06/13/2005)
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Legal Document (Payment Possibly Required) 23 Filed: 6/2/2005, Entered: None
RESPONSE in Opposition re 22 MOTION for Hearing MOTION for Leave to File Amended Response to OEA's Motion For An Order Compelling Compliance With Subpoena filed by Defendant Ohio Education Association. (Attachments: # 1 Exhibit Email and Privilege Log)(Eckelberry, Rodger) (Entered: 06/02/2005)
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Legal Document (Payment Possibly Required) 22 Filed: 5/27/2005, Entered: None
CORE's MOTION for Leave to file AMENDED RESPONSE (see attached Exh.A) and for Oral Argument . (Attachments: Exh. A)(aq ) (Entered: 05/27/2005)
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Legal Document (Payment Possibly Required) 21 Filed: 5/24/2005, Entered: None
RESPONSE in Support re 17 MOTION for Order to Compel Non-Party Coalition of Retired Employees of the Ohio Education Association to Comply with Subpoena filed by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 05/24/2005)
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Legal Document (Payment Possibly Required) 20 Filed: 5/19/2005, Entered: None
RESPONSE to Motion re 17 MOTION for Order to Compel Non-Party Coalition of Retired Employees of the Ohio Education Association to Comply with Subpoena filed by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 05/19/2005)
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Legal Document (Payment Possibly Required) 19 Filed: 5/16/2005, Entered: None
RESPONSE in Support re 16 MOTION to Strike Jury Demand filed by Defendant Ohio Education Association. (Hoyt, Matthew) (Entered: 05/16/2005)
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Legal Document (Payment Possibly Required) 18 Filed: 5/10/2005, Entered: None
RESPONSE in Opposition re 16 MOTION to Strike Jury Demand filed by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. (Cook, David) (Entered: 05/10/2005)
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Legal Document (Payment Possibly Required) 17 Filed: 4/25/2005, Entered: None
MOTION for Order to Compel Non-Party Coalition of Retired Employees of the Ohio Education Association to Comply with Subpoena by Defendant Ohio Education Association. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9 # 10 # 11 # 12)(Eckelberry, Rodger) (Entered: 04/25/2005)
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Legal Document (Payment Possibly Required) 16 Filed: 4/19/2005, Entered: None
MOTION to Strike Jury Demand by Defendant Ohio Education Association. (Hoyt, Matthew) (Entered: 04/19/2005)
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Legal Document (Payment Possibly Required) 15 Filed: 4/18/2005, Entered: None
MOTION to Certify Class by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Betty L Whaley, Harold J. Thorley, Joan P. Montgomery. Responses due by 5/12/2005 (Attachments: # 1 Exhibit Declaration of James Prater# 2 Exhibit Declaration of Joan Montgomery# 3 Exhibit Declaration of Harold Thorley# 4 Exhibit Declaration of Betty Whaley# 5 Exhibit Declaration of Jeffrey Westfall# 6 Exhibit Declaration of David M. Cook# 7 Exhibit Case - Reeb v. OH Dept of Rehab# 8 Exhibit Case - Eddleman v. Jefferson County)(Cook, David) (Entered: 04/18/2005)
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Legal Document (Payment Possibly Required) 14 Filed: 3/31/2005, Entered: None Court Filing
AGREED PROTECTIVE ORDER . Signed by Judge Norah McCann King on 3/31/05. (jdm, ) (Entered: 03/31/2005)
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Legal Document (Payment Possibly Required) 13 Filed: 3/31/2005, Entered: None Court Filing
ORDER granting 11 Motion to Substitute Party. Betty L Whaley added. Eileen Batey terminated . Signed by Judge Norah McCann King on 3/31/05. (jdm, ) (Entered: 03/31/2005)
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Legal Document (Payment Possibly Required) 12 Filed: 3/31/2005, Entered: None
MOTION for Protective Order regarding Confidential Information by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Harold J. Thorley, Joan P. Montgomery. (Simon, Stephen) (Entered: 03/31/2005)
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Legal Document (Payment Possibly Required) 11 Filed: 3/31/2005, Entered: None
MOTION to Substitute Party Betty Whaley for Eileen Batey by Plaintiffs Eileen Batey, Jeffrey B. Westfall, James I. Prater, Harold J. Thorley, Joan P. Montgomery. (Simon, Stephen) (Entered: 03/31/2005)
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Legal Document (Payment Possibly Required) 10 Filed: 2/28/2005, Entered: None Court Filing
PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 4/5/2005. Motions to Amend due by 4/5/2005. Rule 26(a)(1) Disclosures due by 3/4/2005. Motion to Certify a class of Pltfs due by 4/18/05. Def. will file its response by 7/1/05. A continued PPTC will be held following resolution of the class certification issues. Issues to be considered will be the deferral of damages-related expert discovery. Settlement Week due by 12/1/2005. Signed by Judge Norah McCann King on 2/28/05. (er ) (Entered: 02/28/2005)
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Legal Document (Payment Possibly Required) 9 Filed: 2/18/2005, Entered: None
RULE 26(f) REPORT by Defendant Ohio Education Association. (Eckelberry, Rodger) (Entered: 02/18/2005)
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Legal Document (Payment Possibly Required) 8 Filed: 1/20/2005, Entered: None Court Filing
ORDER -- Preliminary Pretrial Conference currently set for 2/9/2005 is RESCHEDULED to 2/25/2005 at 10:00 AM before the Honorable Norah McCann King, in Room 235, 85 Marconi Blvd., Cols., OH, 43215. Signed by Judge Norah McCann King on 1/20/2005. (er ) (Entered: 01/20/2005)
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Legal Document (Payment Possibly Required) 7 Filed: 1/18/2005, Entered: None
ANSWER to Complaint by Defendant Ohio Education Association.(Eckelberry, Rodger) (Entered: 01/18/2005)
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Legal Document (Payment Possibly Required) 6 Filed: 12/7/2004, Entered: None
NOTICE of Hearing: Pretrial Conference set for 2/9/2005 @ 02:00 PM in chambers before Norah McCann King. (Attachments: # 1 # 2 # 3)(jdm, ) (Entered: 12/07/2004)
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Legal Document (Payment Possibly Required) 5 Filed: 12/6/2004, Entered: None Court Filing
ORDER granting 4 Defendant's Motion for Extension of Time to move or plead until 1/17/2005.. Signed by Judge Norah McCann King on 12/6/04. (jdm, ) (Entered: 12/07/2004)
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Legal Document (Payment Possibly Required) 4 Filed: 12/6/2004, Entered: None
MOTION for Extension of Time to File Answer New date requested 1/17/2005. by Defendant Ohio Education Association. (Hoyt, Matthew) (Entered: 12/06/2004)
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Legal Document (Payment Possibly Required) 3 Filed: 11/23/2004, Entered: None
SUMMONS Returned Executed: Ohio Education Association served on 11/16/2004, answer due 12/6/2004. (Cook, David) (Entered: 11/23/2004)
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Legal Document (Payment Possibly Required) 2 Filed: 11/12/2004, Entered: None Summons Issued
Summons Issued as to Ohio Education Association. (er ) (Entered: 11/15/2004)
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Blank 1 Filed: 11/12/2004, Entered: None
COMPLAINT filed by Plaintiffs Eileen Batey, Joan P. Montgomery, James I. Prater, Harold J. Thorley & Jeffrey B. Westfall against Defendant Ohio Education Association. (Filing fee $ 150.) (Attachments: # 1 Exhibit A # 2 Exhibit B)(er ) (Entered: 11/15/2004)
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