U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:94-cv CEJ

Transcription

1 1 of 64 6/27/ :00 AM TERMED, TRCK3 U.S. District Court Eastern District of Missouri (LIVE) (St. Louis) CIVIL DOCKET FOR CASE #: 4:94-cv CEJ Morgan, et al v. UPS of America, Inc, et al Assigned to: Honorable Carol E. Jackson Demand: $0 Cause: 42:2000e Job Discrimination (Employment) Date Filed: 06/17/1994 Jury Demand: Both Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question Plaintiff Leslie Morgan TERMINATED: 05/10/2002 represented by Charles H. Staples BENCHMARK LEGAL SERVICES, LLC 144 Business Park Drive Suite 107 Virginia Beach, VA Fax: TERMINATED: 05/10/2002 Darlene Robinson 522 W. College Street Oakland City, IN Fax: TERMINATED: 05/10/2002 David B. Rubin 44 Bridge Street Metuchen, NJ Fax: TERMINATED: 05/10/2002 Jack J. Cavanagh, Jr. CAVANAGH AND HARTWEGER, LLC 120 S. Central Avenue Suite 4200 St. Louis, MO Fax:

2 2 of 64 6/27/ :00 AM TERMINATED: 05/10/2002 John J. Carey CAREY AND DANIS 8235 Forsyth Boulevard Suite 1100 Clayton, MO Fax: TERMINATED: 05/10/2002 Joseph P. Danis CAREY AND DANIS 8235 Forsyth Boulevard Suite 1100 Clayton, MO Fax: TERMINATED: 05/10/2002 Kelly A. Lonnberg O'LEARY AND ASSOCIATES 215 N. Main Street P.O. Box 158 Oakland City, IN Fax: TERMINATED: 05/10/2002 Kevin S. Kinkade O'LEARY AND ASSOCIATES 215 N. Main Street P.O. Box 158 Oakland City, IN Fax: TERMINATED: 05/10/2002

3 3 of 64 6/27/ :00 AM Paul J. Vaporean CAVANAGH AND HARTWEGER, LLC 120 S. Central Avenue Suite 4200 St. Louis, MO Fax: TERMINATED: 05/10/2002 Roxanne Barton Conlin 319 Seventh Street Suite 600 Des Moines, IA Fax: TERMINATED: 05/10/2002 Virginia M. O'Leary O'LEARY AND ASSOCIATES 215 N. Main Street P.O. Box 158 Oakland City, IN Fax: TERMINATED: 05/10/2002 Plaintiff Kenneth Stacker represented by Charles H. Staples Darlene Robinson David B. Rubin Jack J. Cavanagh, Jr.

4 4 of 64 6/27/ :00 AM John J. Carey Joseph P. Danis Kelly A. Lonnberg Kevin S. Kinkade Paul J. Vaporean Roxanne Barton Conlin Virginia M. O'Leary Plaintiff Theodore Boldin on behalf of themselves and all other Black/African American salaried employees of Defendant UPS Nationwide TERMINATED: 04/23/2001 represented by Charles H. Staples TERMINATED: 04/23/2001 Darlene Robinson TERMINATED: 04/23/2001

5 5 of 64 6/27/ :00 AM Jack J. Cavanagh, Jr. TERMINATED: 04/23/2001 John J. Carey TERMINATED: 04/23/2001 Joseph P. Danis TERMINATED: 04/23/2001 Kelly A. Lonnberg TERMINATED: 04/23/2001 Kevin S. Kinkade TERMINATED: 04/23/2001 Paul J. Vaporean TERMINATED: 04/23/2001 Virginia M. O'Leary TERMINATED: 04/23/2001 Plaintiff Vernon Taylor TERMINATED: 08/07/2001 represented by Charles H. Staples TERMINATED: 08/07/2001

6 6 of 64 6/27/ :00 AM David B. Rubin TERMINATED: 08/07/2001 Kelly A. Lonnberg TERMINATED: 08/07/2001 Kevin S. Kinkade TERMINATED: 08/07/2001 Roxanne Barton Conlin TERMINATED: 08/07/2001 Virginia M. O'Leary TERMINATED: 08/07/2001 V. Intervenor Plaintiff Charles Cartwright TERMINATED: 04/07/1998 represented by Darlene Robinson TERMINATED: 04/07/1998 Kelly A. Lonnberg TERMINATED: 04/07/1998 Kevin S. Kinkade

7 7 of 64 6/27/ :00 AM TERMINATED: 04/07/1998 Intervenor Plaintiff Bennie Clark Virginia M. O'Leary TERMINATED: 04/07/1998 represented by Darlene Robinson Kelly A. Lonnberg Kevin S. Kinkade Virginia M. O'Leary Intervenor Plaintiff Joseph Hawkins TERMINATED: 04/23/2001 represented by Darlene Robinson TERMINATED: 04/23/2001 Kelly A. Lonnberg TERMINATED: 04/23/2001 Kevin S. Kinkade TERMINATED: 04/23/2001

8 8 of 64 6/27/ :00 AM Intervenor Plaintiff Enoch Love Virginia M. O'Leary TERMINATED: 04/23/2001 represented by Darlene Robinson Kelly A. Lonnberg Kevin S. Kinkade Virginia M. O'Leary Intervenor Plaintiff Equal Employment Opportunity Commission represented by Donna L. Harper SEDEY HARPER, P.C S. Grand Boulevard Suite 200 St. Louis, MO Fax: Jan Shelly EEOC 1222 Spruce Street Room St. Louis, MO Fax:

9 9 of 64 6/27/ :00 AM Melvin D. Kennedy EEOC 1222 Spruce Street Room St. Louis, MO Fax: V. Defendant United Parcel Service of America, Inc. represented by Daniel K. O'Toole ARMSTRONG TEASDALE, LLP One Metropolitan Square Suite 2600 St. Louis, MO Fax: David W. Welch ARMSTRONG TEASDALE, LLP One Metropolitan Square Suite 2600 St. Louis, MO Fax: Robert A. Kaiser ARMSTRONG TEASDALE, LLP One Metropolitan Square Suite 2600 St. Louis, MO Fax:

10 10 of 64 6/27/ :00 AM Valerie M. Davis ARMSTRONG TEASDALE, LLP One Metropolitan Square Suite 2600 St. Louis, MO Fax: Defendant United Parcel Service Movant William H. Brown, III SCHNADER AND HARRISON 1600 Market Street Suite 3600 Philadelphia, PA Fax: represented by Daniel K. O'Toole David W. Welch Robert A. Kaiser Valerie M. Davis William H. Brown, III

11 11 of 64 6/27/ :00 AM Charles Cartwright TERMINATED: 04/25/1997 Movant Bennie Clark TERMINATED: 04/25/1997 Movant Joseph Hawkins TERMINATED: 04/25/1997 Movant Enoch Love TERMINATED: 04/25/1997 Movant Brian Needham TERMINATED: 04/07/1998 Movant Bedell Finley represented by Doris Gregory Black 720 Olive Suite 1770 St. Louis, MO Fax: TERMINATED: 04/07/1998 represented by Darlene Robinson Doris Gregory Black TERMINATED: 04/07/1998 Virginia M. O'Leary Movant Frank Jackson represented by Darlene Robinson

12 12 of 64 6/27/ :00 AM Doris Gregory Black TERMINATED: 04/07/1998 Movant Frances Truitt TERMINATED: 04/07/1998 Virginia M. O'Leary represented by Doris Gregory Black TERMINATED: 04/07/1998 Date Filed # Docket Text 06/17/ CLASS ACTION COMPLAINT; # Waivers of Service Issued: 2 # Counts: 1 # Consents: 3; jury demand (FCE) Modified on 06/22/1994 (Entered: 06/20/1994) 06/17/1994 RECEIPT # in the amount of $ for filing fee. (FCE) (Entered: 06/20/1994) 11/01/ ANSWER by defendant UPS of America, Inc, defendant UPS to [1-1] (ARL) (Entered: 11/03/1994) 11/16/ MOTION by plaintiff Leslie Morgan, plaintiff Kenneth Stacker, plaintiff Theodore Boldin for attorney Virginia Morton O'Leary to appear pro hac vice w/ Proposed Order (ARL) (Entered: 11/17/1994) 11/16/ MOTION by plaintiff Leslie Morgan, plaintiff Kenneth Stacker, plaintiff Theodore Boldin for attorney Kevin S. Kinkade to appear pro hac vice w/ Proposed Order (ARL) (Entered: 11/17/1994) 11/17/ MOTION by defendant UPS of America, Inc, defendant UPS to dismiss count II as to plaintiff Theodore Boldin w/ memorandum in support attached. (DLB) (Entered: 11/20/1994) 11/17/ ORDER (RSV) IT IS HEREBY ORDERED that the above styled case is randomly reassigned from LOD to CEJ. In all future doc. fld. w/ the Court, please use the following case number 4:94CV1184 CEJ. Case reassigned to Honorable Carol E. Jackson (cc: all counsel) (ARL) (Entered: 11/21/1994) 11/29/ MOTION by plaintiff Leslie Morgan, plaintiff Kenneth Stacker, plaintiff Theodore Boldin to extend time to respond to defts' motion to dismiss Count II as to plntf Theodore Boldin (FCE) (Entered: 12/01/1994)

13 13 of 64 6/27/ :00 AM 12/01/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion to extend time to respond to defts' motion to dismiss Count II as to plntf Theodore Boldin [7-1] up to and including 12/8/94 (cc: all counsel) (FCE) (Entered: 12/05/1994) 12/12/ RESPONSE by plaintiff to motion to dismiss count II as to plaintiff Theodore Boldin [5-1] LEAVE TO FILE GRANTED (CEJ) cc: parties (KCM) (Entered: 12/15/1994) 12/16/ REPLY by defendant UPS of America, Inc, defendant UPS to response to motion to dismiss count II as to plaintiff Theodore Boldin [5-1] (FCE) (Entered: 12/20/1994) 01/09/ MOTION by plaintiff for leave to serve more than 20 interrogatories w/ proposed order and affidavit in support attached (FCE) (Entered: 01/11/1995) 01/10/ RULED DOCUMENT by Honorable Carol E. Jackson granting defts up to and including 2/1/95 to answer, object, or otherwise respond to plnfs' requests for production of documents and plntfs' first interrogatories to defts (cc: all counsel) (FCE) (Entered: 01/12/1995) 01/17/ RESPONSE by defendant UPS of America, Inc, defendant UPS to motion for leave to serve more than 20 interrogatories [11-1] (FCE) (Entered: 01/20/1995) 01/20/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion for leave to serve more than 20 interrogatories [11-1] (cc: all counsel) (FCE) (Entered: 01/23/1995) 01/31/ MOTION by defendant UPS of America, Inc, defendant UPS to extend to answer, object or otherwise respond to plntfs' first request for production of documents and plntfs' first interrogs (FCE) (Entered: 02/02/1995) 01/31/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion to extend to answer, object or otherwise respond to plntfs' first request for production of docs & first interrogs [15-1] (cc: all counsel) (FCE) (Entered: 02/02/1995) 02/08/ RULE 16 ORDER by Honorable Carol E. Jackson ; ; Rule 16 Conference 4/6/95 at 9:30 am ; joint scheduling plan ddl 3/27/95 (cc: all counsel) (KCM) (Entered: 02/10/1995) 03/24/ MOTION by defendant UPS of America, Inc, defendant UPS for attorney William H. Brown, III to appear pro hac vice (FCE) (Entered: 03/29/1995) 03/24/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion for attorney William H. Brown, III to appear pro hac vice [18-1] on behalf of defts (cc: all counsel) (FCE) (Entered: 03/29/1995) 03/29/ ATTORNEY APPEARANCE for plaintiff Leslie Morgan, plaintiff Kenneth Stacker, plaintiff Theodore Boldin by John J. Carey, Joseph P. Danis (FCE) (Entered: 03/29/1995) 03/29/ RECEIPT #S in the amount of $25.00 for pro hac vice admission of William H. Brown III (FCE) (Entered: 03/30/1995) 03/30/ JOINT PROPOSED SCHEDULING PLAN by plaintiff Leslie Morgan, plaintiff Kenneth Stacker, plaintiff Theodore Boldin, defendant UPS of America, Inc,

14 14 of 64 6/27/ :00 AM defendant UPS (FCE) (Entered: 03/31/1995) 04/03/ ORDER by Honorable Carol E. Jackson granting motion for attorney Kevin S. Kinkade to appear pro hac vice [4-1] on behalf of the plntfs (cc: all counsel) (FCE) (Entered: 04/04/1995) 04/03/ ORDER by Honorable Carol E. Jackson granting motion for attorney Virginia Morton O'Leary to appear pro hac vice [3-1] on behalf of plntfs (cc: all counsel) (FCE) (Entered: 04/04/1995) 04/04/ RECEIPT # S in the amount of $ for Kinkade/O'Leary admisssion pro hac vice. (DLB) (Entered: 04/06/1995) 04/06/ MINUTES: before Honorable Carol E. Jackson Rule 16 Conference held. (KCM) (Entered: 04/06/1995) 04/06/ MOTION by plaintiffs for attorney Kelly A. Lonnberg to appear pro hac vice (FCE) (Entered: 04/11/1995) 04/06/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion for attorney Kelly A. Lonnberg to appear pro hac vice [27-1] on behalf of plntfs (cc: all counsel) (FCE) (Entered: 04/11/1995) 04/06/ MOTION by plaintiffs for attorney Darlene Robinson to appear pro hac vice (FCE) (Entered: 04/11/1995) 04/06/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion for attorney Darlene Robinson to appear pro hac vice [28-1] on behalf of plntfs (cc: all counsel) (FCE) (Entered: 04/11/1995) 04/10/ ORDER by Honorable Carol E. Jackson that the parties proposed scheduling plan is approved except as modified herein; IT IS FURTHER ORDERED that plntfs' shall file their brief in support of their motion for class certification on or before 9/22/95. Defts shall 11 days thereafter in which to file a brief in opposition; IT IS FURTHER ORDERED that a hearing on class certification shall be held on 11/2/95 at 1:30 p.m. ; In-court hearing 11/2/95 at 1:30 p.m. (cc: all counsel) (FCE) (Entered: 04/11/1995) 04/17/ RECEIPT #S in the amount of $50.00 for pro hac vice admission of Robinson & Lonnberg (FCE) (Entered: 04/18/1995) 05/05/ MOTION by plaintiff Leslie Morgan, plaintiff Kenneth Stacker for order for class determination w/ memorandum in support attached (FCE) Modified on 08/02/1996 (Entered: 05/10/1995) 06/21/ MOTION by defendant UPS of America, Inc, defendant UPS to dismiss plntf Theodore Boldin as proposed class representative w/ memorandum in support attached (FCE) (Entered: 06/26/1995) 06/21/ MOTION by defendant UPS of America, Inc, defendant UPS for separate trial w/ memorandum in support attached (FCE) (Entered: 06/26/1995) 07/10/ MOTION by plaintiff for order to correct clerical error re motion for class determination filed May 5, 1995 (FCE) (Entered: 07/11/1995)

15 15 of 64 6/27/ :00 AM 07/12/ RESPONSE by plntfs to motion to dismiss plntf Theodore Boldin as proposed class representative and for separate trial of his claim [32-1] - leave to file granted (CEJ) (FCE) Modified on 07/13/1995 (Entered: 07/13/1995) 07/17/ REPLY by defendant to response to motion to dismiss Theodore Boldin [32-1] (FCE) (Entered: 07/19/1995) 08/03/ NOTICE by plntfs' counsel Vircinia M. O'Leary of change of address (FCE) (Entered: 08/07/1995) 08/04/ MOTION by plntfs for leave to file response to deft's reply to plntfs' response to defts' motion to dismiss the plntf Theordore Boldin as proposed class representative and for separate trial of his claim w/ proposed order and response attached (FCE) (Entered: 08/08/1995) 08/08/ MOTION by deft UPS for protective order w/ proposed protective order attached (FCE) (Entered: 08/08/1995) 08/08/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion for leave to file response [37-1] (cc: all counsel) (FCE) (Entered: 08/14/1995) 08/08/ RESPONSE by plntfs to defts' reply to plntfs' response to defts' motion to dismiss plntf Theodore Boldin as proposed class representative and for separate trial of his claim w/ attachments - leave to file granted (CEJ) (FCE) (Entered: 08/14/1995) 08/08/ PROTECTIVE ORDER by Honorable Carol E. Jackson: re commercial & confidential info; marking documents "confidential"; disclosure of documents; [38-1] (cc: all counsel) (FCE) (Entered: 08/14/1995) 08/16/ MOTION by plntfs to compel discovery from defts w/ exhibits and memorandum in support attached (FCE) (Entered: 08/21/1995) 08/16/ CERTIFICATE OF ATTEMPT TO RESOLVE DISCOVERY DISPUTES by plntfs (FCE) (Entered: 08/21/1995) 08/21/ MOTION by defendant UPS of America, Inc, defendant UPS for protective order w/memo (KCM) (Entered: 08/23/1995) 08/25/ RESPONSE by defendant UPS of America, Inc, defendant UPS to motion to compel discovery [41-1] (KCM) (Entered: 08/29/1995) 08/28/ RULED DOCUMENT by Honorable Carol E. Jackson -- dft's motion to file memo in opposition to pltffs' motion to compel in excess of 15 pgs GRANTED. (cc: all counsel) (KCM) (Entered: 08/30/1995) 09/01/ MOTION by defts for protective order re plntf's 1st and 2nd requests to admit and order that said requests be quashed w/ memorandum in support (FCE) (Entered: 09/06/1995) 09/05/ MOTION by defts for leave to respond to plntfs' request for admissions following the court's ruling on defts' motion for protective order (FCE) (Entered: 09/06/1995) 09/06/1995 RULED DOCUMENT by Honorable Carol E. Jackson granting motion for leave to respond [47-1] (cc: all counsel) (FCE) (Entered: 09/11/1995)

16 16 of 64 6/27/ :00 AM 09/06/ RESPONSE by plaintiffs to motion for protective order [43-1] (FCE) (Entered: 09/11/1995) 09/06/ AFFIDAVIT of Virginia M. O'Leary re [48-1] (FCE) (Entered: 09/11/1995) 09/11/ REPLY by plaintiff to response to motion to compel discovery [41-1] w/ attachments (FCE) (Entered: 09/12/1995) 09/13/ MOTION by defendants for sanctions against plntf's counsel for violation of Local Rules and MO Supreme Court Rules w/ memorandum in support and exhibits attached (FCE) (Entered: 09/18/1995) 09/18/ MEMORANDUM AND ORDER: by Honorable Carol E. Jackson denying motion to dismiss the failure to promote claim of plntf Theodore Boldin [32-1], granting motion to dismiss the retaliation and racial harassment claims of plntf Theodore Boldin [5-1] (cc: all counsel) (FCE) (Entered: 09/21/1995) 09/19/ RESPONSE by plaintiffs to motion for protective order [46-1] (FCE) (Entered: 09/22/1995) 09/19/ AFFIDAVIT of Virginia O'Leary re [55-1] (FCE) (Entered: 09/22/1995) 09/20/ RESPONSE by plntfs to defts' motion for sanctions [51-1] w/ attached affidavits of: Virginia O'Leary, Frances Truitt, John Carey, Darlene Robinson, Kelly Lonnberg, Kevin Kinkade, Jack Cavanagh, & Paul Vaporean attached (FCE) (Entered: 09/21/1995) 09/20/ MOTION by plaintiff to strike defts' motion for sanctions w/ affidavits of Virginia O'Leary, Frances Truitt, John Carey, Darlene Robinson, Kelly Lonnberg, Kevin Kinkade, Jack Cavanagh, & Paul Vaporean attached (FCE) (Entered: 09/21/1995) 09/20/ REPLY by defendants to response to motion for protective order [46-1] (FCE) (Entered: 09/22/1995) 09/21/ MOTION by plaintiff to amend and supplement complaint. (LAH) (Entered: 09/21/1995) 09/22/ ORDER by Honorable Carol E. Jackson granting plntfs leave to file pleading in excess of 15 pages (cc: all counsel) (FCE) (Entered: 09/25/1995) 09/22/ RENEWED MOTION by plntfs for class certification w/ memorandum in support, affidavits and exhibits attached (filed under seal and placed in vault) (FCE) (Entered: 09/25/1995) 09/22/ SEALED DOCUMENT [59-1] (renewed motion for class certification) (FCE) (Entered: 09/25/1995) 09/22/ PROPOSED FINDINGS of fact and conclusions of law by plntfs (filed under seal and placed in vault) (FCE) (Entered: 09/25/1995) 09/22/ SEALED DOCUMENT [60-1] (proposed findings of fact & conclusions of law) (FCE) (Entered: 09/25/1995) 09/29/ RESPONSE by defts to motion to amend complaint. [53-1] (FCE) (Entered: 10/02/1995)

17 17 of 64 6/27/ :00 AM 10/06/ MOTION by defts for leave to file document in excess of 15 pages w/ document attached (FCE) (Entered: 10/10/1995) 10/10/ REPLY by plntfs to response to motion to amend & supplement complaint [53-1] (FCE) (Entered: 10/10/1995) 10/11/1995 RULED DOCUMENT by Honorable Carol E. Jackson granting dfts' motion for leave to file memo in excess of 15 pages [62-1] (cc: all counsel) (KCM) (Entered: 10/12/1995) 10/11/ RESPONSE by defendant UPS of America, Inc, defendant UPS to memorandum in support of pltf's motion for class certification [59-1] (KCM) (Entered: 10/12/1995) 10/17/ MOTION by defendants for summary judgment w/ memorandum in support and exhibits A - E attached (FCE) (Entered: 10/18/1995) 10/23/ REPLY by plntfs to response to motion for class certification [59-1] w/ attachments (filed under seal and placed in vault) (FCE) (Entered: 10/23/1995) 10/23/ SEALED DOCUMENT [66-1] reply re motion for class certification (FCE) (Entered: 10/23/1995) 10/23/ MOTION by plntfs to strike portions of defts' memorandum in opposition to plntfs' brief memorandum in support of plntfs' motion for class certification w/ brief in support and attachments (FCE) (Entered: 10/23/1995) 10/23/ ORDER by Honorable Carol E. Jackson denying motion for sanctions [51-1], denying motion for protective order [46-1], denying motion for protective order [43-1] (cc: all counsel) (FCE) (Entered: 10/24/1995) 10/27/ NOTICE by plntfs - Class Certification Hearing Witness List & Exhibit List (FCE) (Entered: 10/30/1995) 10/27/ MOTION by defendant for leave to file proposed findings of fact & conclusions of law out of time & in excess of 15 pages w/ proposed findings of fact attached (FCE) (Entered: 10/30/1995) 10/27/ NOTICE by defts - Class Certification Hearing Exhibit List & Witness List (FCE) (Entered: 10/30/1995) 10/31/ ORDER by Honorable Carol E. Jackson granting motion for order to correct clerical error [33-1] (cc: all counsel) (FCE) (Entered: 11/03/1995) 10/31/1995 RULED DOCUMENT by Honorable Carol E. Jackson granting motion for leave to file proposed findings of fact & conclusions of law out of time & in excess of 15 pages [70-1] (cc: all counsel) (FCE) (Entered: 11/03/1995) 10/31/ PROPOSED FINDINGS of fact and conclusions of law by defts (FCE) (Entered: 11/03/1995) 11/02/ MOTION by defendant UPS of America, Inc, defendant UPS in limine re: striking affidavits and prohibiting testimony of dfts' managerial employees who pltf had ex parte contact w/memo (KCM) (Entered: 11/03/1995)

18 18 of 64 6/27/ :00 AM 11/03/ SUPPLEMENTAL List of Exhibits fld. by defendants. (LAH) (Entered: 11/06/1995) 11/06/ MOTION by plaintiffs for order to substitute tendered amended and supplemental complaint. (LAH) (Entered: 11/06/1995) 11/06/ MOTION by plaintiffs to extend time to respond to deft's motion for summary judgment as to the claims of pltff. Boldin until Nov. 22, (LAH) (Entered: 11/07/1995) 11/08/ ORDER by Honorable Carol E. Jackson granting motion to extend time to respond to deft's motion for summary judgment as to the claims of pltff. Boldin until Nov. 22, [77-1] (cc: all counsel) (FCE) (Entered: 11/14/1995) 11/08/ MINUTES: before Honorable Carol E. Jackson; parties present for hearing on class certification; testimony given; proceeding postponed until 11/9/95 at 10:00 a.m.; court reporter: G. Bond (FCE) (Entered: 11/14/1995) 11/09/ MINUTES: before Honorable Carol E. Jackson; parties present for day 2 of class certification hearing; testimony given; proceeding to continue 11/15 95 In-court hearing 11/15/95 at 9:30 a.m. court reporter: G. Bond (FCE) Modified on 01/04/1996 (Entered: 11/14/1995) 11/15/ RESPONSE by plaintiff to motion in limine re: striking affidavits and prohibiting testimony of dfts' managerial employees who pltf had ex parte contact [74-1] (LAH) (Entered: 11/16/1995) 11/15/ MINUTES: before Honorable Carol E. Jackson - Day 3 of Class Certification Hearing. Testimony given, proceedings postponed until Thurs., Nov. 16, 1995 at 10:00 a.m. court reporter: Terri Hopwood (LAH) Modified on 01/12/1996 (Entered: 11/16/1995) 11/15/ MOTION by plaintiffs to amend pltffs' renewed motion for class certification. (LAH) (Entered: 11/16/1995) 11/16/ STIPULATION of Facts fld. by plaintiffs and defendant (LAH) (Entered: 11/16/1995) 11/16/ MINUTES: before Honorable Carol E. Jackson - Day 4 of Class Certification Hearing. Testimony given. Proceedings postponed until Jan. 2, 1996 at 10:00 a.m. court reporter: Terri Hopwood (LAH) Modified on 01/12/1996 (Entered: 11/20/1995) 11/16/1995 RULED DOCUMENT by Honorable Carol E. Jackson denying motion in limine re: striking affidavits and prohibiting testimony of dfts' managerial employees who pltf had ex parte contact [74-1] (cc: all counsel) (FCE) (Entered: 11/22/1995) 11/16/1995 RULED DOCUMENT by Honorable Carol E. Jackson granting motion to amend pltfs renewed motion for class certification. [83-1] (cc: all counsel) (FCE) (Entered: 11/22/1995) 11/22/ RESPONSE by plaintiff Theodore Boldin to motion for summary judgment [65-1] (LAH) (Entered: 11/29/1995)

19 19 of 64 6/27/ :00 AM 12/04/ REPLY by defendants' to response to motion for summary judgment [65-1] (LAH) (Entered: 12/07/1995) 12/11/ TRANSCRIPT filed from Class Certification Hearing of 11/15/95; court reporter: Teri Hopwood (LAH) (Entered: 12/11/1995) 12/11/ TRANSCRIPT filed from Class Certification Hearing of 11/16/95; court reporter: Teri Hopwood (LAH) (Entered: 12/11/1995) 12/18/ TRANSCRIPT filed from certification hearing of 11/8/95; court reporter: G. Bond (FCE) (Entered: 12/18/1995) 12/18/ TRANSCRIPT filed from certification hearing of 11/9/95; court reporter: G. Bond (FCE) (Entered: 12/18/1995) 01/02/ MINUTES: before Honorable Carol E. Jackson -- CLASS CERTIFICATION HEARING - DAY 5 -- Testimony heard. Pltf moves admission of depos of Kelley; Den Prabel, Obergon, Fernandez. Record is left open as to depos (they have not as yet been transcribed) Pltf concludes evidence. Dft evidence commences. Attys to confer on exhibits and submit to Judge. Proceedings to continue 1/3/96 at 10 a.m. court reporter: G. Bond (KCM) Modified on 01/12/1996 (Entered: 01/04/1996) 01/02/ ORDER by Honorable Carol E. Jackson granting motion for order to substitute tendered amended and supplemental complaint. [76-1], granting motion to amend and supplement complaint. [53-1] ORDERED that paragraph 15(N) in Count III of the amended and supplemental complaint is stricken for the reasons set forth in the Court's September 18, 1995 Order. (cc: all counsel) (KCM) (Entered: 01/04/1996) 01/02/ AMENDED and SUPPLEMENTAL COMPLAINT by plaintiff Leslie Morgan, plaintiff Kenneth Stacker, plaintiff Theodore Boldin # Counts: 4 [1-1]; adding Vernon Taylor; jury demand (KCM) Modified on 01/04/1996 (Entered: 01/04/1996) 01/02/ NOTICE of Designation of Deposition Portins of Ken Stacker by defendant UPS of America, Inc, defendant UPS (KCM) (Entered: 01/04/1996) 01/02/ STIPULATION regarding pltfs' summary exhibits by plaintiffs and defendants (KCM) (Entered: 01/04/1996) 01/02/ MOTION by plaintiffs for protective order w/memo (KCM) (Entered: 01/04/1996) 01/04/ MINUTES: before Honorable Carol E. Jackson -- CLASS CERTIFICATION HEARING -- DAY 6 -- Testimony heard. Proceedings to continue Friday, 1/5/96 at 10 am. court reporter: G. Bond (KCM) Modified on 01/12/1996 (Entered: 01/05/1996) 01/05/ NOTICE of counterdesignation of deposition citations of Ken Stacker, Leslie Morgan and Ted Boldin by plaintiff (KCM) (Entered: 01/11/1996) 01/05/ MINUTES: before Honorable Carol E. Jackson -CLASS CERTIFICATION HEARING DAY 7 -- Testimony heard. Proceedings to continue Wednesday, 1/10/96 at 10:00 a.m. court reporter: G. Bond (KCM) Modified on 01/12/1996

20 20 of 64 6/27/ :00 AM (Entered: 01/11/1996) 01/10/ AMENDMENT by defendants to designation of deposition portions of Ken Stacker, Leslie Morgan and Theodore Boldin [95-1] (KCM) (Entered: 01/11/1996) 01/11/ MINUTES: before Honorable Carol E. Jackson -- DAY EIGHT CLASS CERTIFICATION HEARING -- Testimony heard. Pltf's motion to quash subpoena of Frances Truitt (filed in District Court in Kentucky) DENIED. Dfts to withdraw said subpoena and pltf to withdraw said motion to quash in Kentucky District Court. Proceedings to continue tomorrow at 11:00 am. court reporter: G. Bond (KCM) (Entered: 01/12/1996) 01/12/ MINUTES: before Honorable Carol E. Jackson - CLASS CERTIFICATION HEARING DAY NINE -- Testimony heard. Deposition excerpts of Morgan, Stacker and Boldin fld. by dfts. Pltfs to file 30(b)(6) depositions of Jack Kelley, Fred Fernadez, Mike Connally, Dennis Obregon and Dan Predle. Pltf granted until 1/31/96 to file new counterdesignations with page numbers and excerpts. Parties to have stipulations in by 1/31/96. court reporter: G. Bond (KCM) (Entered: 01/12/1996) 01/12/ MEMORANDUM by defendant UPS of America, Inc, defendant UPS re: deposition excerpts of pltfs Theodore Boldin, Leslie Morgan and Kenneth Stacker as outlined in amended designations of depositions [101-1] (KCM) (Entered: 01/12/1996) 01/12/ AMENDED and SUPPLEMENTAL COMPLAINT by plaintiff # Counts: 4 [94-1]; jury demand -- LEAVE TO FILE GIVEN ORALLY IN COURT (CEJ) (KCM) (Entered: 01/16/1996) 01/24/ NOTICE by defts - 2nd amended designation of deposition portions of Theodore Boldin w/ attachments (FCE) (Entered: 01/29/1996) 01/29/ MOTION by defts UPS of America, Inc, & UPS for order for separate trial w/ memorandum in support attached (FCE) (Entered: 01/30/1996) 01/29/ ANSWER by defendant UPS of America, Inc, defendant UPS to plntf's amended & supplemental complaint [105-1] (FCE) (Entered: 01/31/1996) 01/30/ STIPULATIONS REGARDING JOB LEVELS by plntf, defts (FCE) (Entered: 02/01/1996) 01/31/ NOTICE/DESIGNATION OF DEPOSITION by plntfs w/ transcripts of Fred Fernandez, Daniel Preble, Michael Connell, Dennis Obregon, & John Kelley attached (FCE) (Entered: 02/01/1996) 01/31/ NOTICE/REVISED COUNTERDESIGNATION OF DEPOSITION CITATIONS by plntfs w/ excerpts from the depositions of Ken Stacker, Leslie Morgan & Ted Boldin attached (FCE) (Entered: 02/01/1996) 02/01/1996 GENERIC SCHEDULING EVENT ; In Court Hearing satisfied (FCE) (Entered: 02/01/1996) 02/05/ MOTION by plntfs to extend time to & including 3/6/96 to respond to defts' motion for separate trial of Vernon Taylor's Claim w/ affidavit of counsel &

21 21 of 64 6/27/ :00 AM proposed order attached (FCE) (Entered: 02/06/1996) 02/05/ WAIVER OF SERVICE executed upon defendant UPS of America, Inc, defendant UPS on 1/18/96 by serving Daniel K. O'Toole (FCE) (Entered: 02/06/1996) 02/09/ ORDER by Honorable Carol E. Jackson granting motion to extend time to & including 3/6/96 to respond to defts' motion for separate trial of Vernon Taylor's Claim [112-1] (cc: all counsel) (FCE) (Entered: 02/13/1996) 02/09/ MOTION by defts UPS of America & UPS to strike portions of plntfs' counterdesignations w/ memorandum in support attached (FCE) (Entered: 02/13/1996) 02/13/ MEMORANDUM & ORDER: by Honorable Carol E. Jackson denying motion for separate trial [32-1], denying motion for summary judgment/dismissal of plntf Boldin as a class representative [65-1] (cc: all counsel) (FCE) (Entered: 02/14/1996) 02/13/ ORDER by Honorable Carol E. Jackson denying plntf's motion to strike [52-1], granting in part & denying in part plntf's motion to compel discovery [41-1]; (see order for further details re discovery) (cc: all counsel) (FCE) (Entered: 02/14/1996) 02/28/ MOTION & memorandum in support by deft UPS for order allowing submission of post-hearing briefs and for order establishing a briefing schedule (FCE) (Entered: 03/06/1996) 03/04/ MOTION by plaintiffs for leave to file brief out of time w/ proposed brief attached (FCE) (Entered: 03/06/1996) 03/07/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion for leave to file brief out of time [119-1] (cc: all counsel) (FCE) (Entered: 03/11/1996) 03/07/ RESPONSE by plaintiff to motion to strike portions of plntfs' counterdesignations [115-1] (FCE) (Entered: 03/11/1996) 03/11/ RESPONSE by plaintiffs to motion for order allowing submission of post-hearing briefs [118-1] (KCM) (Entered: 03/14/1996) 03/11/1996 RESPONSE by plntfs to motion for order for separate trial [107-1] (FCE) (Entered: 04/16/1996) 03/13/ REPLY by defendant to response to motion for order allowing submission of post-hearing briefs [118-1], motion for order establishing a briefing schedule [118-2] (FCE) (Entered: 03/18/1996) 03/18/1996 REPLY by defts to response to motion for order for separate trial [107-1] (FCE) (Entered: 04/16/1996) 04/09/ ORDER by Honorable Carol E. Jackson granting motion for order allowing submission of post-hearing briefs [118-1], granting motion for order establishing a briefing schedule [118-2]; plntfs are directed to submit to the court proposed findings of fact/conclusions of law w/in 20 days of the date of this order; defts are directed to submit proposed findings of fact/conclusions of law w/in 20 days after

22 22 of 64 6/27/ :00 AM the filing of plntfs' post-hearing briefs (cc: all counsel) (FCE) (Entered: 04/11/1996) 04/22/ MOTION by plaintiffs to extend time of up to 6 weeks to file the proposed findings of fact and conclusions of law. (LAH) (Entered: 04/23/1996) 04/23/ ORDER by Honorable Carol E. Jackson granting motion to extend time of up to 6 weeks to file the proposed findings of fact and conclusions of law on or before June 19, 1996 [124-1] (cc: all counsel) (LAH) (Entered: 04/25/1996) 05/24/ TRANSCRIPT filed from class certification hearing of 1/2/96, 1/4/96, 1/5/96, 1/11/96, 1/12/96; court reporter: G. Bond (FCE) (Entered: 05/28/1996) 06/10/ NOTICE by David W. Welch and Daniel K. O'Tooke, attys for defendant UPS of America, Inc, defendant UPS of change of address and law firm affiliation. (KCM) (Entered: 06/14/1996) 06/18/ MOTION by plaintiffs to extend time to file supplemental post-hearing brief (KCM) (Entered: 06/19/1996) 06/19/1996 GENERIC SCHEDULING EVENT ; Response to Court ddl satisfied (FCE) (Entered: 06/19/1996) 06/19/ ORDER by Honorable Carol E. Jackson granting motion to extend time to file supplemental post-hearing brief until [128-1] (cc: all counsel) (KCM) (Entered: 06/21/1996) 07/01/ MOTION by plntfs Leslie Morgan, Kenneth Stacker & Theodore Boldin to amend renewed motion for class certification, for order for certification & to bifurcate trial w/ brief in support, proposed order and attachments (FCE) (Entered: 07/02/1996) 07/01/ MOTION by plntfs Leslie Morgan, Kenneth Stacker & Theodore Boldin for order to substitute deposition transcripts w/ proposed order & transcripts to be substituted attached (transcripts are to be under seal) (FCE) (Entered: 07/02/1996) 07/02/ REVISED MEMORANDUM by plntfs in support of motion for order for class certification [130-2] - leave to file granted (CEJ) (FCE) (Entered: 07/02/1996) 07/02/ POST-HEARING proposed FINDINGS fact and conclusions of law by plaintiff w/ attachments - leave to file granted (CEJ) (FCE) (Entered: 07/02/1996) 07/02/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion for order to substitute deposition transcripts [131-1] (cc: all counsel) (FCE) (Entered: 07/05/1996) 07/19/ MOTION by deft UPS to extend time to file post-hearing findings of facts & conclusions of law to & including 8/19/96 w/ memorandum in support attached (FCE) (Entered: 07/22/1996) 07/22/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion to extend time to file post-hearing findings of fact & conclusions of law to & including 8/19/96 [135-1] (cc: all counsel) (FCE) (Entered: 07/24/1996)

23 23 of 64 6/27/ :00 AM 07/30/ ORDER by Honorable Carol E. Jackson denying defts' motion to strike portions of plntfs' counterdesignations [115-1] (cc: all counsel) (FCE) (Entered: 08/02/1996) 07/30/ ORDER by Honorable Carol E. Jackson granting motion for protective order [97-1]; FURTHER that no add'l discovery shall be conducted in this case until a ruling has been issued on the motion of the plntfs for class certification (cc: all counsel) (FCE) (Entered: 08/02/1996) 07/31/ ORDER by Honorable Carol E. Jackson denying plntfs' motion to strike portions of defts' memorandum in opposition to plntfs' motion for class certification [67-1] (cc: all counsel) (FCE) (Entered: 08/06/1996) 08/19/ MOTION by deft UPS for leave to file findings of fact & conclusions of law in excess of 15 pages w/ proposed document attached (FCE) (Entered: 08/20/1996) 08/19/ MOTION by deft UPS to strike affidavits & other materials submitted w/ post-hearing findings of fact & conclusions of law w/ memorandum in support (FCE) (Entered: 08/22/1996) 08/19/ MEMORANDUM/SUMMARY IN OPPOSITION TO CLASS CERTIFICATION by deft UPS (FCE) (Entered: 08/22/1996) 08/20/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion for leave to file findings of fact & conclusions of law in excess of 15 pages [139-1] (cc: all counsel) (FCE) (Entered: 08/25/1996) 08/20/ PROPOSED FINDINGS of fact & conclusions of law by defts (FCE) (Entered: 08/25/1996) 08/30/ ORDER by Honorable Carol E. Jackson denying motion for order for separate trial [107-1] (cc: all counsel) (FCE) (Entered: 09/05/1996) 09/09/ RESPONSE by plaintiffs' to motion to strike affidavits & other materials submitted w/ post-hearing findings of fact & conclusions of law [140-1] LEAVE TO FILE GRANTED (CEJ) cc: parties (LGK) (Entered: 09/13/1996) 09/19/ MOTION by plaintiffs to show cause why dfts are not in contempt of this Court's February 13, 1996 order on pltfs' August 15, 1995 motion to compel w/brief (KCM) (Entered: 09/24/1996) 09/20/ ORDER by Honorable Carol E. Jackson granting in part and denying in part dfts' motion to strike. FURTHER ORDERED that the affidavits of Bernadette Campbell, Charles Cartwright, Irvin Catherine and Philip Goens are stricken from the record. (cc: all counsel) (KCM) (Entered: 09/24/1996) 09/27/ MOTION by deft UPS of America to extend time to & including 10/7/96 to respond to plntf's motion to show cause why deft should not be held in comtempt (FCE) (Entered: 09/27/1996) 09/27/ RULED DOCUMENT by Honorable Carol E. Jackson granting dft's motion to extend time to & including 10/7/96 to respond to plntf's motion to show cause why deft should not be held in comtempt [148-1] (cc: all counsel) (KCM) (Entered: 10/01/1996)

24 24 of 64 6/27/ :00 AM 09/30/ MOTION by plntfs to strike deposition citations not designated w/ brief in support & proposed order attached (FCE) (Entered: 10/01/1996) 09/30/ MOTION by plntfs for leave to file a reply to deft's proposed findings of fact & conclusions of law w/ brief in support, proposed order & proposed reply (w/ exhibits) attached (FCE) (Entered: 10/01/1996) 10/01/ RULED DOCUMENT by Honorable Carol E. Jackson denying motion for leave to file a reply to deft's proposed findings of fact & conclusions of law [150-1] (cc: all counsel) (KCM) (Entered: 10/07/1996) 10/07/ RESPONSE to order show cause by defts [146-1] why defts are not in contempt of this court's 2/13/96 order on plntfs' 8/15/95 motion to compel w/ attachments (FCE) (Entered: 10/10/1996) 10/09/ MEMORANDUM by defts re: response [153-1] - filing of original affidavit of Dave Knapp (copy was attached to response at time of filing) (FCE) (Entered: 10/11/1996) 10/15/ RULED DOCUMENT by Honorable Carol E. Jackson granting memorandum tendering original affidavit of David Knapp [154-1] (cc: all counsel) (KCM) (Entered: 10/18/1996) 10/21/ MOTION by plaintiffs to extend time to reply to dfts' response to motion to show cause why dfts are not in contempt w/proposed order attached (KCM) (Entered: 10/24/1996) 10/24/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion to extend time until to reply to dfts' response to motion to show cause why dfts are not in contempt [155-1] (cc: all counsel) (KCM) (Entered: 10/29/1996) 10/30/ ORDER & MEMORANDUM by Honorable Carol E. Jackson granting motion to bifurcate trial [130-3], granting in part and denying in part motion for class certification [59-1] ORDERED that pltfs L. Morgan and K. Stacker are designated class representatives for the Title VII claims and the 42 USC 1981 claims regarding unequal pay and discriminatory working conditions. ORDERED that pltfs Morgan, Stacker and T. Boldin are designated as class representatives of the 42 USC 1981 claim of denial of overall upward mobility. ORDERED that the class representative, through counsel, are directed to provide notice of this order granting class certification and all future orders of this Court to all members of the class. or(cc: all counsel) (KCM) (Entered: 11/04/1996) 10/30/ RULE 16 ORDER by Honorable Carol E. Jackson ; ; Rule 16 Conference 12/4/96 at 10:00 ; joint scheduling plan ddl 11/24/96 (cc: all counsel) (KCM) (Entered: 11/04/1996) 10/31/1996 REPLY by plntfs to response to motion to show cause [146-1] why defts are not in contempt (w/ exh A,B,C,D) - LEAVE TO FILE GRANTED (CEJ) (FCE) Modified on 11/06/1996 (Entered: 11/06/1996) 11/04/ EXHIBIT RECEIPT by plaintiffs re: class certification motion (FCE) (Entered: 11/05/1996)

25 25 of 64 6/27/ :00 AM 11/15/ MOTION by defendant UPS of America, Inc, defendant UPS for reconsideration, or in the alternative for order to certify for an interlocutory appeal (KCM) (Entered: 11/20/1996) 11/15/ MOTION by defendant UPS of America, Inc, defendant UPS to stay proceedings pending court's ruling on motion for reconsideration or in the alternative to certify an interlocutory appeal w/memo (KCM) (Entered: 11/20/1996) 11/21/ MOTION by plntfs to extend time to & including 12/2/96 to respond to defts' motion for reconsideration or in the alternative to certify an interlocutory appeal and defts' motion to stay proceedings pending court's ruling on defts' motion for reconsideration or in the alternative to certify an interlocutory appeal w/ affidavits of Virginia O'Leary, Darlene Robinson, Joseph Danis & Jack Cavanagh and proposed order attached (FCE) (Entered: 11/22/1996) 11/21/ ORDER by Honorable Carol E. Jackson denying motion to stay proceedings pending court's ruling on motion for reconsideration or in the alternative to certify an interlocutory appeal [161-1] (cc: all counsel) (KCM) (Entered: 11/25/1996) 11/26/ ATTORNEY APPEARANCE for plaintiff Leslie Morgan, plaintiff Kenneth Stacker, plaintiff Theodore Boldin, plaintiff Vernon Taylor by Charles H. Staples Sr. (KCM) (Entered: 11/26/1996) 11/26/ JOINT PROPOSED SCHEDULING PLAN by plaintiffs, defendant (FCE) (Entered: 12/02/1996) 11/29/ MOTION by defts UPS of America, Inc, & UPS for leave to file proposed amended order including certification for interlocutory appeal under 28 U.S.C. 1292(b) w/ proposed amended order attached (FCE) (Entered: 12/03/1996) 12/02/ MEMORANDUM AND ORDER: by Honorable Carol E. Jackson denying motion for reconsideration [160-1], denying motion for order to certify for an interlocutory appeal [160-2] (cc: all counsel) (FCE) (Entered: 12/04/1996) 12/02/ ORDER by Honorable Carol E. Jackson denying as moot plntf's motion to extend time to & including 12/2/96 to respond to defts' motion for reconsideration or in the alternative to certify an interlocutory appeal and defts' motion to stay proceedings pending court's ruling on defts' motion for reconsideration or in the alternative to certify an interlocutory appeal [162-1] (cc: all counsel) (FCE) (Entered: 12/04/1996) 12/03/ RULED DOCUMENT by Honorable Carol E. Jackson denying as moot defts' motion for leave to file proposed amended order including certification for interlocutory appeal under 28 U.S.C. 1292(b) [166-1] (cc: all counsel) (FCE) (Entered: 12/04/1996) 12/03/ RESPONSE by plntfs to deft's motion to reconsider or in the alternative to certify an interlocutory appeal [160-1] [160-2] (FCE) (Entered: 12/04/1996) 12/04/ MINUTES: before Honorable Carol E. Jackson Rule 16 Conference held on 12/4/96 ; proceedings started: 10:15 - ended: 11:30 (FCE) (Entered: 12/06/1996) 12/04/ MOTION by plntfs Leslie Morgan, Kenneth Stacker, Theodore Boldin, Vernon Taylor and movants Charles Cartwright, Bennie Clark, Joseph Hawkins, Enoch

26 26 of 64 6/27/ :00 AM Love to intervene w/ proposed intervening complaint attached (FCE) (Entered: 12/06/1996) 12/11/ MOTION by defendant UPS of America, Inc, defendant UPS to extend time for 2 additional days until to response to motion to intervene (KCM) (Entered: 12/12/1996) 12/12/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion to extend time for 2 additional days until to response to motion to intervene [173-1] (cc: all counsel) (KCM) (Entered: 12/17/1996) 12/13/ MOTION by defendant UPS of America, Inc, defendant UPS to clarify scope of classes conditionally certified w/memo (KCM) (Entered: 12/17/1996) 12/13/ RESPONSE in opposition by defendant UPS of America, Inc, defendant UPS to motion to intervene and proposed intervenor complaint of Cartwright and Clark [172-1] (KCM) (Entered: 12/17/1996) 12/13/ MOTION by defendant UPS of America, Inc, defendant UPS to extend time to provide pltfs' counsel with names and addresses of additional members of the classes conditionally certified w/memo (KCM) (Entered: 12/17/1996) 12/16/ MOTION by defendant UPS of America, Inc, defendant UPS for order to substitute original affidavit of John Nolan (KCM) (Entered: 12/23/1996) 12/24/ RESPONSE by plaintiff to motion to clarify scope of classes conditionally certified w/attachments [174-1] (KCM) Modified on 12/31/1996 (Entered: 12/31/1996) 12/24/ RESPONSE by plaintiff to motion to extend time to provide pltfs' counsel with names and addresses of additional members of the classes conditionally certified [176-1] (KCM) (Entered: 12/31/1996) 12/24/ MOTION by plaintiff for order that the Court order UPS publish class notice (KCM) (Entered: 12/31/1996) 12/24/ REPLY by plaintiff to response to motion to intervene and pltfs' intervening complaint [172-1] (KCM) (Entered: 12/31/1996) 01/06/ REPLY by defendant to response to motion to clarify scope of classes conditionally certified [174-1] (KCM) (Entered: 01/09/1997) 01/06/ REPLY by defendant to response to motion to extend time to provide pltfs' counsel with names and addresses of additional members of the classes conditionally certified [176-1] (KCM) (Entered: 01/09/1997) 01/17/ STATUS REPORT by defendant UPS of America, Inc, defendant UPS regarding potential class membership list (KCM) (Entered: 01/22/1997) 01/29/ ORDER by Honorable Carol E. Jackson granting motion for order to substitute original affidavit of John Nolan [177-1], denying motion for order that the Court order UPS publish class notice [179-1], granting motion to extend time to provide pltfs' counsel with names and addresses of additional members of the classes conditionally certified [176-1]; FURTHER, defts shall continue to provide plntfs w/ class membership lists as they are compiled; Furthermore, defts shall provide

27 27 of 64 6/27/ :00 AM the names & addresses of all class members to plntfs w/in 20 days of the Court's ruling on the deft's motion for clarification (cc: all counsel) (FCE) (Entered: 01/31/1997) 03/03/ CERTIFICATE OF ATTEMPT TO RESOLVE DISCOVERY DISPUTES by plntfs (FCE) (Entered: 03/05/1997) 03/03/ MOTION by plntfs to compel discovery requests & production of documents w/ memo in support & exhibits A,B,C (FCE) (Entered: 03/05/1997) 03/10/ RESPONSE by defts to motion to compel discovery requests & production of documents [186-1] (FCE) (Entered: 03/12/1997) 03/28/ MOTION by defendant UPS of America, Inc, defendant UPS for order to decertify the class, or in the alternative for order requiring that all members of the conditionally certified class should be given a notice of their right to opt out of the class w/memo (KCM) (Entered: 03/31/1997) 03/31/ REPLY by plntf to response to motion to compel discovery requests & production of documents [186-1] - LEAVE TO FILE GRANTED (CEJ) (FCE) (Entered: 04/01/1997) 04/03/ MOTION by plntfs to extend time up to & including 30 days after the Court rules on deft's 12/13/96 motion for clarification (w/ proposed order) (FCE) (Entered: 04/08/1997) 04/11/ RESPONSE by defts to motion to extend time up to & including 30 days after the Court rules on deft's 12/13/96 motion for clarification [190-1] (FCE) (Entered: 04/15/1997) 04/14/ ORDER by Honorable Carol E. Jackson granting motion to extend time up to & including 30 days after the Court rules on deft's 12/13/96 motion for clarification [190-1], denying motion to compel discovery requests & production of documents [186-1]; plntfs shall file a response to the deft's 3/28/97 motion to decertify the class w/in 30 days of the court's ruling on the deft's motion for clarification (cc: all counsel) (FCE) (Entered: 04/16/1997) 04/23/ MOTION by plaintiff for temporary restraining order, and for preliminary injunction w/memo in support (KCM) (Entered: 04/23/1997) 04/23/ AFFIDAVIT of Bennie Clark re [193-1], re [193-2] (KCM) (Entered: 04/23/1997) 04/23/ AFFIDAVIT of Leslie Morgan re [193-1], re [193-2] (KCM) (Entered: 04/23/1997) 04/23/ ORDER by Honorable Carol E. Jackson denying motion for temporary restraining order [193-1], denying motion for preliminary injunction [193-2] (cc: all counsel) (KCM) (Entered: 04/24/1997) 04/25/ MEMORANDUM AND ORDER: by Honorable Carol E. Jackson granting in part and denying in part motion to clarify scope of classes conditionally certified [174-1] FURTHER ORDERED that the four classes conditionally certified in this case on October 30, 1996 are modified as follows: (see Order for details) (cc: all counsel) (KCM) (Entered: 04/28/1997)

28 28 of 64 6/27/ :00 AM 04/25/ MEMORANDUM AND ORDER: by Honorable Carol E. Jackson granting motion to intervene [172-1] ORDERED that the applications of Charles Cartwright, Bennie Clark, Joseph Hawkins, and Enoch Love to intervene are granted. The Clerk of the Court is directed to file the complaint submitted by the intervenors. (cc: all counsel) (KCM) Modified on 04/28/1997 (Entered: 04/28/1997) 04/25/ INTERVENOR'S COMPLAINT by movant Charles Cartwright, movant Bennie Clark, movant Joseph Hawkins, movant Enoch Love # Counts: 2; adding intervenor plaintiff Charles Cartwright, Bennie Clark, Joseph Hawkins, Enoch Love; jury demand (KCM) (Entered: 04/28/1997) 04/25/ CASE MANAGEMENT ORDER by Honorable Carol E. Jackson ; complex(3) track, ; motion to add party ddl 5/30/97 ; Disc completion ddl 6/30/98 ; non-disp motion ddl 7/11/98 ; disp motion ddl 7/31/98 ; jury trial 11/9/98 at 9 am ; pt comp ddl 10/20/98 (cc: all counsel) (KCM) (Entered: 04/28/1997) 05/14/ MOTION by defts UPS of America, Inc & UPS to extend time to 6/4/97 to respond to plntf's intervening complaint (FCE) (Entered: 05/15/1997) 05/19/ RULED DOCUMENT by Honorable Carol E. Jackson granting motion to extend time to 6/4/97 to respond to plntf's intervening complaint [201-1] (cc: all counsel) (FCE) (Entered: 05/21/1997) 05/27/ RESPONSE by plaintiff to motion for order to decertify the class or in the alternative for an order requiring that all members of the conditionally certified class should be given a notice of their right to opt out of the class [188-1] (KCM) (Entered: 05/30/1997) 05/29/ MOTION by movant EEOC to intervene as a party plntf w/ memo in support, proposed order, proposed complaint, and certificate of public importance (FCE) (Entered: 06/03/1997) 05/30/ MOTION by movant Brian Needham, movant Bedell Finley, movant Frank Jackson, movant Frances Truitt to intervene as party plntfs w/ memo in support, proposed complaint and attorney appearance (FCE) (Entered: 06/03/1997) 05/30/ ATTORNEY APPEARANCE for movant Brian Needham, movant Bedell Finley, movant Frank Jackson, movant Frances Truitt by Attorney Doris Black (KCM) (Entered: 06/04/1997) 06/03/ MOTION by defendant UPS of America, Inc, defendant UPS to extend time to 6/10/97 to reply re motion to decertify class or in the alternative for an order requiring that all members of the conditionally certified class should be given a notice of their right to opt out of the class (FCE) (Entered: 06/06/1997) 06/04/ MOTION by defendant UPS of America, Inc, defendant UPS for more definite statement re plntfs' intervening complaint w/ memo in support (FCE) (Entered: 06/06/1997) 06/09/ ORDER by Honorable Carol E. Jackson granting motion to extend time to 6/10/97 to reply re motion to decertify class or in the alternative for an order requiring that all members of the conditionally certified class should be given a notice of their right to opt out of the class [206-1] (cc: all counsel) (FCE)