Elliott et al v. Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust et al
| Jimmy J Elliott, Jeanette Barton, Fred Delgado and William Walborn |
| Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler and Does 1 through 10, inclusive |
| 2:2006cv04716 |
| July 28, 2006 |
| US District Court for the Central District of California |
| Andrew J Guilford |
| Andrew J Wistrich |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1104 Recovery of Benefits to Employee |
| Plaintiff |
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| Filing 122 JUDGMENT by Judge Andrew J. Guilford. IT IS HEREBY ORDERED AND ADJUDGED that judgment shall be entered in accordance with paragraph 9(f) of the parties' Settlement Agreement. (twdb) |
Filing 121
ORDER APPROVING REPORT AND RECOMMENDATION OF SPECIAL MASTER AND APPROVING DISCHARGE OF SPECIAL MASTER by Judge Andrew J. Guilford, re Notice of Lodging #120 . IT IS HEREBY ORDERED AND ADJUDGED that the appointment of theSpecial Master is discontinued and the Special Master is discharged. (twdb)
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| Filing 120 NOTICE OF LODGING filed Report and Recommendation of Special Master; Lodging of [Proposed] Order; and [Proposed] Judgment re Report and Recommendation (Miscellaneous), Report and Recommendation (Miscellaneous) #119 (Attachments: #1 Exhibit A to Notice of Lodging, #2 Exhibit B to Notice of Lodging, #3 Exhibit C to Notice of Lodging, #4 Exhibit D to Notice of Lodging, #5 Exhibit E to Notice of Lodging, #6 Exhibit F to Notice of Lodging, #7 Proposed Order Approving Report and Discharge of Special Master, #8 Proposed Order Judgment)(Dohrmann, Robert) |
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Filing 119
Order by Judge Andrew J. Guilford re REPORT AND RECOMMENDATION re: Cushenbury Mine Trust. The Report and Recommendation of the Special Master is modified as follows: All are reminded that for numerous reasons, time is of the essence in the final resolution of this matter (db)
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Filing 118
ORDER Approving Amended Stipulation and Directing Compliance with its Terms by Judge Andrew J. Guilford [117}. NOW THEREFORE IT IS ORDERED that the court approves the abovequoted amendment to the October 26, 2007 Stipulation. The October 26, 2007 Stipulation is hereby duly amended and is binding upon all parties and the Special Master. (db)
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| Filing 117 STIPULATION to AMEND filed by DEFENDANTS Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (Attachments: #1 Proposed Order APPROVING AMENDED STIPULATION AND DIRECTING COMPLIANCE WITH ITS TERMS)(Dohrmann, Robert) |
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Filing 116
REPORT AND RECOMMENDATION ORDER RE CUSHENBURY MINE TRUST by Judge Andrew J. Guilford. The parties are invited to submit a suitable stipulation. (twdb)
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Filing 115
REPORT AND RECOMMENDATION ORDER re: Cushenbury Mine Trust by Judge Andrew J. Guilford, re Report and Recommendation (Issued) #114 . No opposition having been filed The Report and Recommendation of the Special Master is approved and adopted as the order of the Court. (See Order for details) (db)
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| Filing 114 REPORT AND RECOMMENDATION issued by Hon. LeRoy A. Simmons. Re Cusenbury Mine Trust. Complaint - (Discovery) 1 (ade) |
| Filing 113 DECLARATION OF SPECIAL MASTER Re: No grounds for disqualification (Fed. R. Civ. P. Rule 53(b)(3); 28 U.S.C. Section 455; filed by Defendant Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust. (te) |
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Filing 112
STIPULATION AND ORDER by Judge Andrew J. Guilford: for APPOINTMENT OF SPECIAL Master: The parties stipulate to the appointment by the Court of the Honorable Leroy A. Simmons, Ret., to serve as Special Master under the terms of the Settlement Agreement heretofore submitted to the Court and to carry out the duties therein described. (See document for further details.) IT IS SO ORDERED. (rla)
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Filing 109
DISMISSAL ORDER by Judge Andrew J. Guilford: IT IS ORDERED AND ADJUDGED as follows: 1) The case is dismissed with prejudice, all parties to bear their own costs; and 2) The Court shall retain jurisdiction over all matters relating to the interpretation, administration, implementation, effectuation and enforcement of the Settlement Agreement; 3) This Dismissal Order is a final order from which an appeal may be taken under Fed R.App.P.4(a)(1)(A). IT IS SO ORDERED. (Made JS-6. Case Terminated.)(rla)
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Filing 108
ORDER by Judge Andrew J. Guilford, CERTIFYING CLASS and APPROVING CLASS ACTION Settlement: IT IS HEREBY ORDERED AND ADJUDGED as follows: 5) The parties also have satisfied the notice requirements under 28 USC 1715(b). 7) Plaintiffs and each member fo the settlement Class shall be bound by the terms of the Settlement Agreement; 8) The court shall retain jurisdiction over all matters relating to the interpretation, administration, implementation, effectuation and enforcement of the Settlement Agreement. IT IS SO ORDERED. (rla)
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Filing 107
ORDER FOR CLASS Counsel's Notice of Motion and Motion for Award of Attorneys Fees: IT IS HEREBY ORDERED that said motion of Plaintiffs' Class Counsel is hereby GRANTED and the Court approves Class Counsel's request for payment of Attorneys' fees, expenses, and costs in the total amount of $220,000 by Defendants, pursuant to the Settlement Agreement. IT IS SO ORDERED.(rla)
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| Filing 111 MINUTES OF Motion Hearing held before Judge Andrew J. Guilford :, JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PROVISIONAL CLASS CERTIFICATION is argued and taken under submission.Court Reporter: Gary George.(lb) |
| Filing 110 PROOF OF DISTRIBUTION of Notice of Proposed Class Action Settlement to all Members of the Putative Class; Declaration of Jessica A Palazzolo filed by Defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (ad) |
| Filing 105 NOTICE OF JOINT MOTION AND JOINT MOTION for Certification of the Settlement Class and Final Approval of the Proposed Settlement Agreement filed by defendants William Walborn, Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler, plaintiffs Jimmy J Elliott, Jeanette Barton, Fred Delgado.Motion set for hearing on 9/24/2007 at 10:00 AM before Judge Andrew J. Guilford. Lodged 2 Orders. (ad) |
| Filing 106 DECLARATION of Richard D McCune Re Class Members Comments and/or Objections to the Proposed Class Action Settlement Agreement filed by Plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. (ad) |
| Filing 104 STATEMENT of NON-OPPOSITION TO MOTION OF CLASS COUNSEL FOR AWARD OF ATTORNEYS' FEES AND COSTS re: MOTION for Attorney Fees 102 filed by Defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (gl) |
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Filing 101
ORDER by Judge Andrew J. Guilford, granting REQUEST to Substitute attorney Richard D McCune in place of attorney Welebir and McCune 97 (dmjr)
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Filing 100
ORDER by Judge Andrew J. Guilford, GRANTING REQUEST to Substitute attorney Richard D McCune in place of attorney Welebir and McCune 98 (dmjr)
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Filing 99
ORDER by Judge Andrew J. Guilford, granting REQUEST to Substitute attorney Richard D McCune in place of attorney Welebir and McCune 96 (dmjr)
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| Filing 103 DECLARATION of Richard D McCune in support of MOTION for Attorneys' Fees 102 filed by Plaintiffs Jimmy J Elliott, Jeanette Barton, Fred Delgado, et al. (esa) |
| Filing 102 NOTICE OF MOTION AND MOTION for Attorneys' Fees filed by plaintiffs Jimmy J Elliott, Jeanette Barton, Fred Delgado, et al.Motion set for hearing on 9/24/2007 at 10:00 AM before Judge Andrew J. Guilford. Lodged Order. (esa) |
| Filing 98 REQUEST to Substitute attorney Richard D McCune in place of attorneys Welebir and McCune filed by plaintiff Jimmy J Elliott. Lodged order. (esa) |
| Filing 97 REQUEST to Substitute attorney Richard D McCune in place of attorneys Welebir and McCune filed by plaintiff Fred Delgado. Lodged Order. (esa) |
| Filing 96 REQUEST to Substitute attorney Richard D McCune in place of attorneys Welebir and McCune filed by plaintiff Jeanette Barton. Lodged Order. (esa) |
| Filing 94 MINUTES OF Motion Hearing held before Judge Andrew J. Guilford RE: MOTION of Class Counsel to Withdraw as Attorney 90 is GRANTED. Order signed and filed this date.Court Reporter: Monica Jenkins.(lb) |
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Filing 89
ORDER by Judge Andrew J. Guilford,grantig putative class counsel's motion to withdraw from respresentation of William Walborn in any capacity other than as class counsel for a member of the certified class, Attorney Richard D McCune, Jr terminated.(dmjr)
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| Filing 95 STATEMENT of Non-opposition to MOTION of Class Counsel to Withdraw as Attorney 90 filed by Defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler (esa) |
| Filing 93 CERTIFICATE OF PERSONAL SERVICE of Motion of Putative Class Counsel to withdraw from the representation of William Walborn in his individual capacity as class representative; Declaration of Richard D McCune in support filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado, served on 6/18/07. (klg) |
| Filing 88 MINUTES OF Motion Hearing held before Judge Andrew J. Guilford : MOTION to Certify Class MOTION for Settlement 84 is GRANTED. Order Granting Preliminary Approval of Class Action Settlement and Provisionally Certifying the Settlement Class is signed and filed this date. Court Reporter: Monica Jenkins.(lb) |
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Filing 87
ORDER by Judge Andrew J. Guilford, granting MOTION to Certify Class MOTION for Settlement 84 Settlement Conference set for 9/24/2007 10:00 AM before Judge Andrew J. Guilford.(dmjr)
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| Filing 92 CERTIFICATE OF SERVICE filed by plaintiffs Jimmy J Elliott, Jeanette Barton, Fred Delgado, re MOTION of Class Counsel to Withdraw as Attorney 90 , Declaration 91 served on 6/13/07. (ad) |
| Filing 91 DECLARATION of Richard D McCune in support of Putative Class Counsel to Withdraw From the Representation of William Walborn in His Individual Capacity as Class Representative filed by Plaintiffs Jimmy J Elliott, Jeanette Barton, Fred Delgado. (ad) |
| Filing 90 MOTION of Putative Class Counsel to Withdraw From the Representation of William Walborn in His Individual Capacity as Class Representative filed by plaintiffs Jimmy J Elliott, Jeanette Barton, Fred Delgado.Motion set for hearing on 7/9/2007 at 10:00 AM before Judge Andrew J. Guilford. Lodged Order. (ad) |
| Filing 86 CERTIFICATE OF SERVICE filed by plaintiffs Jeanette Barton, et al. Notice of and Joint Motion for Preliminary Approval of Class Action Settlement and Provisional Class Certification; Declaration of Richard D McCune; etc. were served on 6/4/07. (esa) |
| Filing 85 DECLARATION of Richard D McCune in support of JOINT MOTION 84 filed by Plaintiff Jeanette Barton, et al. (esa) |
| Filing 84 NOTICE OF MOTION AND JOINT MOTION for Preliminary Approval of Class Action Settlement and Provisional Class Certification filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, et al and plaintiffs Jeanette Barton, et al.Motion set for hearing on 6/25/2007 at 10:00 AM before Judge Andrew J. Guilford. Lodged Order. (esa) |
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Filing 82
STIPULATION AND ORDER by Judge Andrew J. Guilford: TO CONTINUE HEARING on Plaintiffs' Motions for Appointment of Receiver and Class Certification and Defendants Motion for Summary Judgment or, Alternatively, Summary Adjudication of Issues: Motions reset for hearing on 6/25/2007 at 10:00 AM before Judge Andrew J. Guilford.(rla, )
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| Filing 83 MINUTES OF Settlement Conference held before Judge Andrew J. Guilford : no settlement reachedCourt Reporter: none.(dmjr, ) |
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Filing 81
ORDER by Judge Andrew J. Guilford, granting EX PARTE APPLICATION for Hearing EX PARTE APPLICATION to Continue pretrial and trial dates EX PARTE APPLICATION to Continue pretrial and trial dates 80 , Final Pretrial Conference set for 7/23/2007 08:30 AM before Judge Andrew J. Guilford. Jury Trial set for 8/7/2007 09:00 AM before Judge Andrew J. Guilford. Settlement Conference set for 5/17/2007 10:00 AM before Judge Andrew J. Guilford. motion for class certification reset for 6/11/07 10am(dmjr, )
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| Resetting hearing as to MOTION to Certify Class 44 , MOTION for Summary Judgment MOTION for Summary Adjudication MOTION for Summary Adjudication 70 , MOTION to Appoint Receiver 54 Motion set for hearing on 6/11/2007 at 10:00 AM before Judge Andrew J. Guilford. (dmjr, ) |
| Filing 80 EX PARTE APPLICATION for settlement conference, restore motions to calendar and EX PARTE APPLICATION to Continue pretrial and trial dates filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. Lodged order. (dmjr, ) |
| Filing 79 DECLARATION of Richard D McCune re: Case Status filed by Plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. (esa, ) |
| Filing 78 MINUTES OF Interim Pretrial Conference held before Judge Andrew J. Guilford : case does not settle, Set Hearings: Final Pretrial Conference reset for 6/11/2007 08:30 AM before Judge Andrew J. Guilford. Jury Trial reset for 6/26/2007 09:00 AM before Judge Andrew J. Guilford.Court Reporter: J Lewis. (dmjr, ) |
| PLACED IN FILE - NOT USED re Stipulation to Continue Settlement Conference; Proposed order thereon submitted by plaintiffs Jimmy J Elliott, Jeanette Barton, Fred Delgado. (yb, ) |
| Filing 77 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : ORDER RE SETTLEMENT CONFERENCES. Settlement conferences were calendared for March 15, 2007. Plaintiff's counsel requested that the settlement conferences be continued to March 22, 2007. A stipulation to continue the settlement conferences was lodged on March 16, 2007. Before the stipulation and order was signed, plaintiff's counsel, Mr. McCune, requested that the settlement conferences be calendared for another day due to a scheduling conflict. The clerk provided the parties with additional dates for the settlement conferences. Today, Mr. McCune informed the court that the parties had met with a private mediator on March 23, 2007 and made some progress in their settlement discussions. The parties anticipate that they will able to conclude the settlement without further judicial involvement. (yb, ) |
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Filing 76
STIPULATION AND ORDER by Judge Andrew J. Guilford :, Set Deadlines/Hearings: Confidential Settlement Statement due by 3/23/2007 Settlement Conference set for 3/15/2007 02:00 PM before Magistrate Judge Andrew J. Wistrich.(dmjr, )
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| Filing 75 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : Confidential Settlement Statement due by 3/6/2007. Settlement Conference set for 3/15/2007, 02:00 PM before Magistrate Judge Andrew J. Wistrich. (yb, ) |
| ***Terminated all deadlines and hearings. (dmjr, ) |
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Filing 74
STIPULATION AND ORDER by Judge Andrew J. Guilford :hearings for motions for appointment of receivership, class certifiation and summary judgment are vacated, Set Deadlines: Motions due by 3/26/2007.(dmjr, )
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| Filing 73 DECLARATION of Dolly M Gee in support of MOTION for Summary Judgment or, alternatively, Summary Adjudication of issues 70 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler.(esa, ) |
| Filing 72 DECLARATION of Alfred B Fowler in support of MOTION for Summary Judgment or, alternatively, Summary Adjudication of the issues 70 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 71 MEMORANDUM OF POINTS AND AUTHORITIES in support of MOTION for Summary Judgment or, alternatively, Summary Adjudication of the issues 70 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Alfred B Fowler. (esa, ) |
| Filing 70 NOTICE OF MOTION AND MOTION for Summary Judgment or, alternatively, Summary Adjudication of issues filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. Motion set for hearing on 2/26/2007 at 10:00 AM before Judge Andrew J. Guilford. Lodged Order and Statement of Uncontroverted Facts. (esa, ) |
| Filing 69 PROOF OF SERVICE filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. Repy to defendants' opposition to motion and notice for appointment or receiver; Memorandum; Exhibits; etc. were served on 2/5/07. (esa, ) |
| Filing 68 DECLARATION of Richard D McCune in support of MOTION to Appoint Receiver 54 filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. (esa, ) |
| Filing 67 REPLY to defendants' opposition to MOTION for appointment of Receiver 54 filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. (esa, ) |
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Filing 66
STIPULATION AND ORDER by Judge Andrew J. Guilford :, reset Deadlines: Discovery cut-off 3/23/2007.(dmjr, )
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| Filing 64 AMENDED DOCUMENT Amendment to Scheduling Conference,,, Set Deadlines/Hearings,, #50 discovery cut-off 2/15/07 (dmjr, ) |
| Filing 63 DECLARATION of Gary Gibbons in opposition to MOTION to Appoint Receiver 54 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 62 DECLARATION of Alfred B Fowler in opposition to MOTION to Appoint Receiver 54 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 61 DECLARATION of Robert M Dohrmann in opposition of MOTION to Appoint Receiver 54 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 60 DECLARATION of Orlo Anderson in opposition to MOTION to Appoint Receiver 54 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 59 DECLARATION of Robert G Pruitt in opposition to MOTION to Appoint Receiver 54 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 58 REQUEST FOR JUDICIAL NOTICE in support of opposition to MOTION to Appoint Receiver 54 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 57 OPPOSITION to MOTION or appointment of receiver 54 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
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Filing 65
AMENDED SCHEDULING ORDER by Judge Andrew J. Guilford discovery cut-off 2/15/07 Court Trial set for 5/15/2007 09:00 AM before Judge Andrew J. Guilford. Final Pretrial Conference set for 4/30/2007 08:30 AM before Judge Andrew J. Guilford.(dmjr, )
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| Filing 56 PROOF OF SERVICE filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado, re MOTION AND NOTICE for Appointment of a limited purpose Receiver, AFFIDAVIT of Richard D McCune served on 1/17/07. (jj, ) |
| Filing 55 AFFIDAVIT of Richard D McCune in support of MOTION AND NOTICE for Appointment of a limited purpose Receiver 54 filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. (jj, ) |
| Filing 54 MOTION AND NOTICE for Appointment of a limited purpose Receiver filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. Motion set for hearing on 2/12/2007 at 10:00 AM before Judge Andrew J. Guilford; Memorandum of Points and Authorities, Exhibits. (jj, ) |
| Filing 53 TRANSCRIPT filed for proceedings held on 1/8/07. Court Reporter: Jennifer S Lewis. (mu, ) |
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Filing 52
STIPULATION AND ORDER by Judge Andrew J. Guilford :, Set Deadlines as to MOTION to Certify Class 44 . Motion reset for hearing on 2/26/2007 at 10:00 AM before Judge Andrew J. Guilford.(dmjr, )
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Filing 51
SCHEDULING ORDER by Judge Andrew J. Guilford: SPECIFYING PROCEDURES: With this Scheduling Order Specifying Procedures, the Court orders the following concerning the dates and procedures in this case. If there is a first appearance by any party after the date of this Order, Plaintiff counsel shall give notice of this Order to that party. (See order for further details.) (rla, )
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| Filing 50 MINUTES OF Scheduling Conference held before Judge Andrew J. Guilford: Cause is called for hearing and counsel make their appearances. Court and counsel confer. The Court sets the following dates: Discovery cut-off 8/15/2007. Court Trial set for 5/15/2007 09:00 AM before Judge Andrew J. Guilford. Final Pretrial Conference set for 4/30/2007 08:30 AM before Judge Andrew J. Guilford.Court Reporter: Jennifer Lewis. Counsel estimate the length of the trial to be 10 days. Scheduling Order Specifying Procedure is signed and filed this date. (rla, ) |
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Filing 49
STIPULATION AND ORDER by Judge Andrew J. Guilford: IT IS HEREBY ORDERED that: Pursuant to the parties stipulation to continue Plaintiffs Motion for Certification of Class Action 44 in the above-entitled action, the hearing is continued to 2/12/2007 at 10:00 AM in Department 10D.(rla, )
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Filing 48
STIPULATION AND ORDER by Judge Andrew J. Guilford :, Set Hearings: Scheduling Conference reset for 1/8/2007 09:00 AM before Judge Andrew J. Guilford.(dmjr, )
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Filing 47
STIPULATION AND ORDER by Judge Andrew J. Guilford :, Set Deadlines as to MOTION to Certify Class 44 . Motion reset for hearing on 1/29/2007 at 10:00 AM before Judge Andrew J. Guilford.(dmjr, )
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Filing 46
STIPULATION AND ORDER by Judge Andrew J. Guilford :, Set Hearings: Scheduling Conference reset for 12/11/2006 09:00 AM before Judge Andrew J. Guilford.(dmjr, )
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| PLACED IN FILE - NOT USED re Stipuation and protective order submitted by Defendants Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (yb, ) |
| Filing 45 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Wistrich : ORDER RE STIPULATED PROTECTIVE ORDER. The parties' joint request for court approval of the stipulated protective order is denied without prejudice to its renewal on the basis of a more adequate record. Good cause for entry of a protective order by the court has not been shown. (yb, ) |
| Filing 44 NOTICE OF MOTION for certification of class action; Memorandum of Points and Authorities; Exhibits filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. Motion set for hearing on 12/4/2006 at 10:00 AM before Judge Andrew J. Guilford. (esa, ) |
| Filing 43 JOINT REPORT OF EARLY MEETING OF COUNSEL filed; estimated length of trial 10 days. (esa, ) |
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Filing 42
ORDER by Judge Andrew J. Guilford,granting MOTION to Expedite 16 , denying MOTION for Preliminary Injunction 12 (dmjr, )
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| Filing 41 MINUTES OF Motion Hearing held before Judge Andrew J. Guilford :, granting MOTION to Expedite 16 , denying MOTION for Preliminary Injunction 12 Court Reporter: J Lewis. (dmjr, ) |
| Filing 40 PROOF OF SERVICE filed by plaintiffs, re Reply to Memorandum of Points and Authorities in Opposition to Motion for Preliminary Injunction 36 , Reply to Evidentiary Objections and Motion to Strike Portions of Declarations 37 , Declaration of Richard D. McCune in support of Reply to Opposition to Motion for Preliminary Injunction 39 , were served on 10/13/06. (see document for further details) (mu, ) |
| Filing 39 DECLARATION of Richard D. McCune in support of Reply to Opposition to Motion for Preliminary Injunction 12 filed by plaintiffs. (mu, ) |
| Filing 38 REPLY to Memorandum of Points and Authorities in Opposition to Motion to Advance Discovery 16 filed by plaintiffs. (mu, ) |
| Filing 37 REPLY to Evidentiary Objections and Motion to Strike Portions of Declarations 32 filed by Plaintiffs. (mu, ) |
| Filing 36 REPLY to Memorandum of Points and Authorities in Opposition to Motion for Preliminary Injunction 12 filed by plaintiffs. (mu, ) |
| Filing 35 OBJECTION to Request for Judicial Notice 23 filed by Plaintiffs. (mu, ) |
| Filing 18 MINUTES OF IN CHAMBERS ORDER held before Judge Andrew J. Guilford :, Resetting Hearing as to MOTION to Expedite 16 , MOTION for Preliminary Injunction 12 , Plaintiffs' Motions for Preliminary Injunction and Expedited Discovery are continued from 10/16/2006 to 10/23/2006 at 10:00 AM before Judge Andrew J. Guilford.Court Reporter: None. (lb, ) |
| Filing 34 PROOF OF SERVICE filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. Memorandum of Points and Authorities in opposition to motion for preliminary injunction; Declaration f Dolly M Gee; Declaration of Orlo Anderson were served on 9/29/06. (esa, ) |
| Filing 33 DECLARATION of Robert M Dohrmann in opposition to MOTION to advance discovery 16 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 32 EVIDENTIARY OBJECTIONS AND MOTION TO STRIKE PORTIONS OF DECLARATIONS FILED in support of plaintiffs' MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 31 MEMORANDUM OF POINTS AND AUTHORITIES in opposition to MOTION to advance discovery 16 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 30 DECLARATION of Gary Ward in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 29 DECLARATION of Alfred B Fowler in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 28 DECLARATION of Virginia Mulloy in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 27 DECLARATION of Robert G Pruitt in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 26 DECLARATION of Thomas S Rabone in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 25 DECLARATION of Michael Urbanek in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 24 DECLARATION of Frank Horzen in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 23 REQUEST FOR JUDICIAL NOTICE in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 22 MEMORANDUM OF POINTS AND AUTHORITIES in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 21 DECLARATION of Orlo Anderson in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 20 DECLARATION of Tom P Anderson in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 19 DECLARATION of Dolly M Gee in opposition to MOTION for Preliminary Injunction 12 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (esa, ) |
| Filing 16 NOTICE OF MOTION AND MOTION for expedited discovery; Declaration of Richard D McCune filed by plaintiffs Jimmy J Elliott, Jeanette Barton, Fred Delgado. Motion set for hearing on 10/16/2006 at 10:00 AM before Judge Andrew J. Guilford. (esa, ) |
| Filing 14 NOTICE of change of hearing date on plaintiffs' motion for preliminary injunction filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. (esa, ) |
| Filing 17 DECLARATION of Richard D McCune filed by Plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. (esa, ) |
| Filing 15 PROOF OF SERVICE filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. Notice of Motion and Motion for Preliminary Injunction; Memorandum of Points and Authorities; Exhibits were served on 9/11/06. (esa, ) |
| Filing 13 AFFIDAVIT OF JIMMY ELLIOTT re MOTION for Preliminary Injunction 12 filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. (esa, ) |
| Filing 12 NOTICE OF MOTION AND MOTION for Preliminary Injunction ; Memorandum of Points and Authorities; Exhibits filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. Motion set for hearing on 10/16/2006 at 10:00 AM before Judge Andrew J. Guilford. Lodged order. (esa, ) |
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Filing 11
ORDER Re Early Meeting of Parties and SCHEDULING CONFERENCE by Judge Andrew J. Guilford: Scheduling Conference set for 11/13/2006 09:00 AM; action has been assigned to calender of Judge Andrew J Guilford; parties shall meet under FRCP 26(f), at least 21 days before Scheduling Conference, and report on meeting in writing to Court within 14 days after meeting(see Order for further details); (ln, )
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| Filing 10 PROOF OF SERVICE of Copy of Summons and Complaint Executed by Plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado, upon Secretary of Treasury; Secretary of Labor; The Summons and Complaint were served by Certified Mail, by Federal statute. Service accepted by (illegible) on behalf of Secretary of Treasury; Secretary of Labor; Original Summons not returned. (ln, ) |
| Filing 9 ORIGINAL SUMMONS AND PROOF OF SERVICE Executed by Plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado, upon Michael Urbanek served on 8/5/2006, answer due 8/25/2006. The Summons and Complaint were served by Personal service, by (not indicated) statute, upon Michael Urbanek, an individual. Due Dilligence declaration not attached. Original Summons returned. (ln, ) |
| ORIINAL SUMMONS AND PROOF OF SERVICE(attachment to Docket Entry 9) Executed by Plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado, upon Virginia Mulloy served on 8/5/2006, answer due 8/25/2006. The Summons and Complaint were served by Personal service, by (not indicated) statute, upon Virginia Mulloy, an individual. Due Dilligence declaration not attached. Original Summons not returned. (ln, ) |
| ORIGINAL SUMMONS AND PROOF OF SERVICE(attachment to Docket Entry 9) Executed by Plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado, upon Thomas Rabone served on 8/3/2006, answer due 8/23/2006. The Summons and Complaint were served by Personal service, by (not indicated) statute, upon Thomas Rabone, an individual. Due Dilligence declaration not attached. Original Summons not returned. (ln, ) |
| ORIGINAL SUMMONS AND PROOF OF SERVICE - WAIVER OF SERVICE(attachment to Docket Entry 9) Returned Executed filed by Plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado upon Alfred B Fowler; waiver sent by Plaintiff on 8/11/2006, answer due 10/10/2006. Waiver of Service signed by Alfred B Fowler; (ln, ) |
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Filing 8
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related Case- filed. Related Case No: CV 06-3910 AG (AJWx). Case transfered from Judge Christina A. Snyder and Carolyn Turchin to Judge Andrew J. Guilford and Andrew J. Wistrich for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 06-4716 AG (AJWx).Signed by Judge Andrew J. Guilford (rn, )
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| Cases associated with Lead Case CV 06-3910 AG (AJWx) (rn, ) |
| Filing 7 NOTICE TO COUNSEL by Judge Christina A. Snyder (mg, ) |
| PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 06-3910 AG (AJWx). (rn, ) |
| PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 06-3910 AG (AJWx). (rn, ) |
| Filing 6 ANSWER to Complaint - (Discovery), 1 filed by defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler.(mg, ) |
| Filing 5 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (mg, ) |
| Filing 4 NOTICE of Related Case(s) filed by Defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. Related Case(s): CV 06-3910 AG (AJWx) (rn, ) |
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Filing 3
ORDER RETURNING CASE FOR REASSIGNMENT by Judge J. Spencer Letts. ORDER case returned to the Clerk for random reassignment pursuant to General Order 224. Case randomly reassigned from Judge J. Spencer Letts and Carolyn Turchin to Judge Christina A. Snyder and Carolyn Turchin for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 06-4716 CAS (CTx).(rn, )
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| 20 Day Summons Issued re Complaint - (Discovery), 1 as to Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler. (mg, ) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado. (rrey, ) |
| Filing 1 COMPLAINT against defendants Board of Trustees and Trust Attorney for the Kaiser Steel Corporation Retirees Benefit Trust and the Cushenbury Mine Trust, Virginia Mulloy, Thomas Rabone, Michael Urbanek, Alfred B Fowler.(Filing fee $ 350) Jury Demanded. , filed by plaintiffs William Walborn, Jimmy J Elliott, Jeanette Barton, Fred Delgado.(rrey, ) |
| FAX number for Attorney Jae Kook Kim, Richard D McCune, Jr is 909-335-0452. (rrey, ) |
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