Case: 1:93-cv-178 As of: 09/01/ :25 PM EDT 1 of 14

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 1 of 14 CLOSED, LEAD U.S. District Court United States District Court for the Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:93 cv 00178 JGK DFE Krueger, et al v. New York Telephone C, et al Assigned to: Judge John G. Koeltl Referred to: Magistrate Judge Douglas F. Eaton Demand: $0 Member case: (View Member Case) Cause: 29:626 Job Discrimination (Age) Special Master Dean John Feerick Plaintiff Evelyn Krueger Plaintiff Francis J. Lupardo Plaintiff Carylye D. Forde Plaintiff Walter Grabowski Plaintiff Nicholas T. Bruck Plaintiff Albert J. Dwyer on behalf of themselves and all others similarly situated TERMINATED: 10/02/1996 Date Filed: 01/13/1993 Date Terminated: 01/28/1997 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question represented by Judith P. Vladeck Vladeck, Waldman, Elias &Engelhard, P.C. 1501 Broadway, Suite 800 New York, NY 10036 (212) 354 8330 represented by Judith P. Vladeck (See above for address) represented by Judith P. Vladeck (See above for address) represented by Judith P. Vladeck (See above for address) represented by Judith P. Vladeck (See above for address) represented by Judith P. Vladeck (See above for address) TERMINATED: 10/02/1996 V. Defendant New York Telephone Company represented by Matthew Thaddeus Miklave Epstein, Becker &Green, P.C. (New York) 250 Park Avenue New York, NY 10177

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 2 of 14 212 351 4663 Fax: 212 661 0989 Email: MMiklave@ebglaw.com Susan Schenkel Savitt Winston &Strawn 200 Park Avenue New York, NY 10166 0077 (212) 294 4700 Email: ssavitt@winston.com Defendant NYNEX Corporation represented by Matthew Thaddeus Miklave (See above for address) Susan Schenkel Savitt (See above for address) Date Filed # Docket Text 01/13/1993 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 120.00 RECEIPT # 183708 (sd) (Entered: 01/14/1993) 01/14/1993 2 Case Information Statement Addendum and Case Designation to a Magistrate Judge filed. Purs. to statement, it is suggested that the case be classified as complex. Case is designated to Magistrate Judge Lee. (sd) (Entered: 01/14/1993) 02/03/1993 3 STIPULATION and ORDER, reset answer due for 4/5/93 for NYNEX, for New York Telephone Co...So Ordered. ( signed by Judge Peter K. Leisure ). (sc) (Entered: 02/04/1993) 02/26/1993 Pre trial conference held by PKL (mk) (Entered: 03/02/1993) 03/15/1993 4 NOTICE OF MOTION by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, and authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice, Return date 4/5/93 (mk) (Entered: 03/16/1993) 03/15/1993 5 MEMORANDUM by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer in support of [4 1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, [4 2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice (mk) (Entered: 03/16/1993) 03/31/1993 6 STIPULATION and ORDER, reset answer due for 4/19/93 for NYNEX, for New York Telephone C ( signed by Judge Peter K. Leisure ). (mk) (Entered: 03/31/1993) 04/06/1993 7 STIPULATION and ORDER, Response to motion reset to 4/8/93 [4 1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, reset to 4/8/93 [4 2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice, Reply to Response to Motion reset to 4/19/93 [4 1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, reset to 4/19/93 [4 2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice, Return date reset to Return date reset to 4/19/93 [4 1]

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 3 of 14 motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, Return date reset to 4/19/93 [4 2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice ( signed by Judge Peter K. Leisure ). (cd) (Entered: 04/06/1993) 04/08/1993 8 Filed Memo_Endorsement on letter by Mattew T. Miklave, dated 4/6/93, to Judge McKenna re: request an extension of time to file their Opposition and suggest the matter be addressed by the parties on April 9... Granted. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 04/14/1993) 04/09/1993 Pre trial conference held before Judge McKenna. (ys) (Entered: 04/13/1993) 04/13/1993 10 MEMORANDUM AND ORDER,... Plaintiffs are to file all motions regarding the collective nature of these actions or for class certification by April 16, 1993;, and The Court will hear oral argument and hold a conference on May 21, 1993 at 9:30 a.m., and Pending the conference to be held on May 21, 1993, all parties in both cases shall serve copies of all papers on all other parties in both cases., and Pending the conference to be held on May 21, 1993,...This order does not constitute a consolidation of these cases. All issues regarding complete or partial consolidation are reserved. So Ordered: ( signed by Judge Lawrence M. McKenna ); Copies mailed (ys) (Entered: 04/16/1993) 04/15/1993 9 Notice of reasgmnt _ to Judge Lawrence M. McKenna Copy of notice and judge's rules mailed to Attorney(s) of record: Judith P. Vladeck. (jl) (Entered: 04/15/1993) 04/20/1993 11 STIPULATION and ORDER, reset answer due for 4/23/93 for NYNEX, for New York Telephone C. So Ordered: ( Signed by Judge McKenna). (ys) Modified on 04/21/1993 (Entered: 04/21/1993) 04/22/1993 12 Filed Memo_Endorsement on letter by Judith P. Vladeck, dated 4/16/93, to Judge McKenna re: We believe that it was intended that paragraph one read: "Plaintiffs are to file all motions for notification of potential members of ADEA collective action by April 16, 1993..." So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 04/26/1993) 04/27/1993 13 NOTICE by New York Telephone C, NYNEX to take deposition of Albert J. Dwyer on 6/15/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993) 04/27/1993 14 NOTICE by New York Telephone C, NYNEX to take deposition of Walter Grabowski on 6/4/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993) 04/27/1993 15 NOTICE by New York Telephone C, NYNEX to take deposition of Carlyle D. Forde on 6/9/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993) 04/27/1993 16 NOTICE by New York Telephone C, NYNEX to take deposition of Francis J. Lupardo on 6/10/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993) 04/27/1993 17 NOTICE by New York Telephone C, NYNEX to take deposition of Evelyn Krueger on 6/3/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993) 04/27/1993 18 NOTICE by New York Telephone C, NYNEX to take deposition of Nicholas T. Bruck on 6/18/93 at 10:00; subpoena(s) issued. (ys) (Entered: 04/29/1993) 04/28/1993 Pre trial conference held before Judge McKenna on 4/28/93. (ys) (Entered: 04/29/1993) 04/30/1993 19 ANSWER to Complaint by New York Telephone C, NYNEX by attorney Susan Schenkel Savitt for defendant NYNEX (ys) (Entered: 05/04/1993) 04/30/1993 20 Rule 9 certificate filed by New York Telephone C, NYNEX. (see 93 cv 179). (ys) Modified on 05/06/1993 (Entered: 05/04/1993) 04/30/1993 21 AFFIDAVIT of Lea P. Davies Re: in Support of Defendants' Memorandum of Law in Opposition to Plaintiffs; Motion to Notivy and Certify the Putative "ADEA Classes" in Krueger, et al. V. New York Telephone Co., 93 civ. 178(LMM) and Carroll, et al. v. New York Telephone Co., 93 civ. 179 (LMM). (ys) (Entered: 05/04/1993)

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 4 of 14 04/30/1993 22 AFFIDAVIT of Judith Stoikov, Ph.D. (ys) (Entered: 05/06/1993) 04/30/1993 23 MEMORANDUM by New York Telephone C, NYNEX in opposition to [4 1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, [4 2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice (ys) (Entered: 05/06/1993) 05/06/1993 24 Filed Memo_Endorsement on letter by Debra L. Raskin, dated 5/5/93, to Judge McKenna re: extending time...request that the Court advise us if our understanding is correct at the time that the Carroll plaintiffs' request is addressed. Time to file reply papers is Krueger and Carroll extended to 5/14/93. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 05/07/1993) 05/14/1993 25 REPLY MEMORANDUM by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer re: in Support of [4 1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, [4 2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice (ys) (Entered: 05/19/1993) 05/14/1993 26 AFFIDAVIT of Judith P. Vladeck Re: in Support of [4 1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, [4 2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &potential class zmembers with respect to the notice (ys) (Entered: 05/19/1993) 05/14/1993 27 CERTIFICATE OF SERVICE by Michael B. Ranis... that on May 14, 1993, I caused to be served by hand a copy of the plaintiffs' Reply Memorandum in Support of their motion to Notify the ADEA Class, and Affidavit of Judith P. Vladeck upon attorneys for defendants: Ronald Green, Esq., Epstein, Becker &Green P.C., 250 Park Avenue, New York, New York 10177 and Leonard N. Flamm, Esq., 880 Third Avenue, New York, New York 10017. (ys) (Entered: 05/19/1993) 05/19/1993 28 Filed Memo_Endorsement on letter by Ronald M. Green, dated 5/18/93, to Judge McKenna re: reset oral argument set for 9:15 6/29/93. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 05/24/1993) 06/10/1993 Pre trial conference held before Judge McKenna on 6/10/93. (ys) (Entered: 06/14/1993) 06/29/1993 29 NOTICE OF MOTION by New York Telephone C, NYNEX for Matthew T. Miklave to appear pro hac vice, Return date 7/13/93 (ys) (Entered: 06/29/1993) 06/29/1993 30 Filed Memo_Endorsement on letter by Mary Beth Hynes, dated 6/24/93, to Judge McKenna re: that the Court permit me to be admitted pro hac vice... Granted. So Ordered: ( signed by Judge Lawrence M. McKenna ) (ys) (Entered: 06/30/1993) 07/01/1993 31 Memo endorsed on copy of motion; granting [29 1] motion for Matthew T. Miklave to appear pro hac vice. So Ordered: ( signed by Judge Lawrence M. McKenna ); Copies mailed. (ys) Modified on 07/02/1993 (Entered: 07/02/1993) 07/14/1993 Pre trial conference held (cd) (Entered: 07/28/1993) 07/21/1993 32 MEMORANDUM &ORDER granting [4 1] motion for an order directing defts to provide the names, addresses &other identifying information of all potential pltff class members, granting [4 2] motion authorizing notice to such individuals; permitting communication between pltffs' counsel &class zmembers with respect to the notice, the Carroll pltffs motion is granted in part &denied in part, Defts are ordered to release the names &addresses described above within 15 days of the Court's approval of a class definition, Deft's counsel wil draft a notice of the form &content described above, Pltffs counsel will submit a proposed ntc. with their respective comments to the Court within 7 days of receipt of te proposed notice drafted by defts ( signed by Judge Lawrence M. McKenna ); Copies mailed (mk) (Entered: 07/23/1993)

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 5 of 14 09/20/1993 33 Transcript of record of proceedings filed for dates of 7/14/93 (rag) (Entered: 09/20/1993) 09/27/1993 34 Filed Memo_Endorsement on letter dated 9/22/93, defts would be willing to submit the proposed response by close of business on 9/24/93 to plntfs comments regarding the proposed class notice ( signed by Judge Lawrence M. McKenna ) (cd) (Entered: 09/29/1993) 11/01/1993 35 STIPULATION and ORDER, regarding confidential information during discovery ( signed by Judge Lawrence M. McKenna ). (cd) (Entered: 11/02/1993) 11/24/1993 36 Filed Memo_Endorsement on letter dated 11/23/93, that the attached notice is approved ( signed by Judge Lawrence M. McKenna ) (cd) (Entered: 12/01/1993) 06/07/1994 37 ORDER, consolidating cases; 93 cv 178 with 93cv179 and 93cv3606 ( signed by Judge Lawrence M. McKenna ); Copies mailed (cd) (Entered: 06/22/1994) 06/07/1994 Consolidated Lead Case (cd) (Entered: 06/22/1994) 01/11/1995 38 NOTICE OF MOTION by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). With affidavits of Nicholas T. Bruck, Evelyn Krueger, Steven Hering, Henry Ritz, Francis J. Lupardo, Peter Donahue, Melody R. McGovern, Bernard F. Flanagan, Thomas J. Neville, Stephen Kaczmar, Patricia A. Walbroehl, Paula Behm, Janice Madden &Ronald G. Dunn. Return date 2/10/95 @2:00. (Also filed in #93cv179 LMM) (lam) Modified on 01/13/1995 (Entered: 01/13/1995) 01/11/1995 39 MEMORANDUM by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer in SUPPORT of [38 1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). (also filed in #93cv179 LMM) (lam) Modified on 01/13/1995 (Entered: 01/13/1995) 01/11/1995 40 AFFIDAVIT in SUPPORT of Judith P. Vladeck, atty for by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: [38 1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). (also filed in #93cv0179 LMM) (lam) (Entered: 01/13/1995) 02/28/1995 41 Notice of reasgmnt _ to Judge John G. Koeltl Copy of notice and judge's rules mailed to Attorney(s) of record: Matthew T. Miklave, Susan Schenkel Savitt, Judith P. Vladeck. (dg) (Entered: 03/06/1995) 03/24/1995 42 Filed Memo_Endorsement on letter dated 3/8/95, Response to motion [38 1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). extended 30 days; and for 15 days in response in the Jackson and Hammil cases...the Court will review all pending motions at a conference to be scheduled... ( signed by Judge John G. Koeltl ) (cd) (Entered: 03/27/1995) 03/28/1995 43 AFFIDAVIT of Judith P. Vladeck (pl) (Entered: 03/31/1995) 03/28/1995 44 NOTICE by New York Telephone Company, NYNEX to take deposition upon oral examination of Janice Fanning Madden on 4/12/95, 3:00 p.m. at the offices of Epstein Becker &Green, P.C., 250 Park Avenue, 14th Floor, New York, NY 10177. (ae) (Entered: 04/04/1995)

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 6 of 14 04/14/1995 45 AFFIDAVIT of Norman Mednick, atty for the Carroll pltffs in the consolidated actions Re: to inform the Court about additional individuals who have consented to join this action since 1/13/93, when opt in Consent to Join forms were last submitted. (Also docketed in case #93cv0179 &#93cv3606). (lam) (Entered: 04/21/1995) 04/20/1995 46 Filed Memo_Endorsement on letter dated 4/13/95, pretrial conference for 5:00 4/21/95 ( signed by Judge John G. Koeltl ) (cd) (Entered: 04/24/1995) 04/21/1995 Pre trial conference held (jr) (Entered: 05/09/1995) 05/03/1995 47 ORDER denying [38 1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). ( signed by Judge John G. Koeltl ); Copies mailed (jr) (Entered: 05/09/1995) 05/03/1995 48 Filed Memo Endorsement on letter from Ronald M. Green to Judge Koeltl dated May 1, 1995, denying defendants' application to submit a responsive brief in excess of 35 pages, Response to motion for class certification reset to 5/5/95; reply to esponse to motion for class certification due 6/19/95 ( signed by Judge John G. Koeltl ) (jr) (Entered: 05/09/1995) 05/03/1995 51 ORDER, set discovery due for 11/1/95, and set pretrial order due for 12/8/95, and set pretrial conference for 12/22/95 ( signed by Judge John G. Koeltl ); Copies mailed (jr) (Entered: 05/09/1995) 05/05/1995 49 Filed Memo Endorsement on letter to Judge Koeltl from Ronald M. Green dated 5/2/95, In Re: writing to request that the Court reconsider its denial of our application to submit a responsive brief in excess of 35 pages...application for rearguement denied. No new matters are presented. See Rule 3(j) of the SDNY Civil Rules. Deft had no right simply to ignore the limits or pages in briefs. Moreover, there is no excuse for not having made a timely request in the first instance, or for having failed to ever checked how the Court deposed of this application. The Court has provided additional time to submit a brief with its proper page lengths. ( signed by Judge John G. Koeltl ) (kg) (Entered: 05/09/1995) 05/05/1995 50 Order that the case be referred to the Clerk of Court for assignment to a Magistrate Judge for settlement ( signed by Judge John G. Koeltl ) Referred to Magistrate Judge Barbara A. Lee applies to 93cv 179; 93cv3606; 94cv3272; 94cv2208, as well (cd) (Entered: 05/09/1995) 05/22/1995 52 Documents redacted pursuant to prividege or on grounds of non responsiveness. (ae) (Entered: 05/25/1995) 05/22/1995 53 Documents withheld pursuant to a claim of privilege. (ae) (Entered: 05/25/1995) 05/24/1995 54 AFFIDAVIT in opposition of Ronald M. Green by New York Telephone C, NYNEX Re: [38 1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). (ls) (Entered: 05/25/1995) 05/24/1995 55 MEMORANDUM by New York Telephone C, NYNEX in opposition to [38 1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). (ls) (Entered: 05/25/1995) 05/24/1995 56 AFFIDAVIT in support of Judith Stoikov by New York Telephone C, NYNEX Re: [55 1] opposition memorandum (ls) (Entered: 05/25/1995) 05/24/1995 57 SUPPLEMENTAL MEMORANDUM by New York Telephone C, NYNEX in opposition to [38 1] motion to certify class action purs to FRCP 23 the claims purs to NY Human Rights Law, Exec. Law 290 et seq. &the Employee Retirement

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 7 of 14 Income Sec. Act of 1974, 29 U.S.C. 1001 et seq., &declare that their ADEA claims may be maintained as a collective action purs to the Fair Labor Standards Act, 29 U.S.C. 216(b). (ls) Modified on 05/25/1995 (Entered: 05/25/1995) 05/30/1995 58 Filed Memo_Endorsement on letter by Amy J. Beech to Magistrate Judge Lee dated 5/25/95, Atty Beech is directed to notify all other counsel by fax machine. July 5 is not an available date. Counsel are directed to see up a telephone conference with the undersigned for Tuesday, 5/30/95 or Wednesday, 5/31/95 by telephoning my Courtroom depty Helen Lewis at 637 0108. SO ORDERED: ( signed by Magistrate Judge Barbara A. Lee ) (ae) (Entered: 05/31/1995) 05/31/1995 60 NOTICE OF MOTION by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer to proceed as a collective action, Return date 6/21/95 (ae) (Entered: 06/06/1995) 06/02/1995 59 Filed Memo_Endorsement on letter by Ronald M. Green to Magistrate Judge Koeltl dated 6/2/95, Reset settlement conference for 10:00 6/26/95. Pre conference submissions are due no later than 4 p.m. 6/22/95. SO ORDERED: ( signed by Magistrate Judge Barbara A. Lee ) (ae) (Entered: 06/06/1995) 06/05/1995 61 ORDER, the cases have already been referred to MJ Lee for settlement discussions and no reference will be made for the resolution of discovery disputes ( signed by Judge John G. Koeltl ); Copies mailed (cd) (Entered: 06/07/1995) 06/13/1995 62 Order of dismissal of Jay C. Johnson with prejudice from the above captioned lawsuit. SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 06/19/1995) 06/19/1995 63 REPLY MEMORANDUM by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer IN SUPPORT OF pltffs' motion for class certification (ls) (Entered: 06/22/1995) 06/19/1995 64 AFFIDAVIT in support of Julian R. Birnbaum by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: [63 1] reply memorandum (ls) (Entered: 06/22/1995) 06/19/1995 65 AFFIDAVIT of Mia M. Meloni by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: Affvt. of Frank J. Landy, Ph.D sworn to 5/1/95, and documents which were produced by defts. (ls) (Entered: 06/22/1995) 06/19/1995 66 AFFIDAVIT of Janice Fanning Madden by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: Affdvt. of Judith Stoikov, sworn to 5/19/95 and submitted by defts in this action (ls) (Entered: 06/22/1995) 06/19/1995 67 AFFIDAVIT of Janice Fanning Madden by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer (ls) (Entered: 06/22/1995) 06/26/1995 Settlement conference held before Magistrate Judge Lee. (rag) (Entered: 06/27/1995) 06/26/1995 Settlement conference held before Magistrate Judge Lee. (rag) (Entered: 06/28/1995) 06/28/1995 69 REPLY MEMORANDUM by The Carroll Pltff's IN FURTHER SUPPORT of their motion to procees as a collective action (ls) (Entered: 07/05/1995) 06/30/1995 68 AFFIDAVIT of Walter Grabowski Re:... his understanding that he as well as the other class representatives, are responsible for the costs associated with this ligigation and have conributed $500 towards the costs of the litigation. (djc) (Entered: 06/30/1995) 06/30/1995 70 AFFIDAVIT of Evelyn Krueger Re:...her understanting that she, as well as the other class representatives, are responsible for the costs associated with this litigation. She has contributed $500 towards the costs of the litigation. (lam) (Entered: 07/10/1995)

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 8 of 14 06/30/1995 71 AFFIDAVIT of Janice Fanning Madden Re: [56 1] affidavit (ls) (Entered: 07/11/1995) 08/24/1995 72 AFFIDAVIT of Janice Fanning Madden by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: (djc) (Entered: 08/31/1995) 08/24/1995 73 NOTICE OF MOTION by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer for protective order, and for Bifurcation (djc) (Entered: 08/31/1995) 08/24/1995 74 AFFIDAVIT in support of julian R. Birnbaum by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: [73 1] motion for protective order, [73 2] motion and for Bifurcation (djc) (Entered: 08/31/1995) 08/25/1995 75 MEMORANDUM by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer in OPPOSITION to defts' Motion to Compel Discovery. (lam) (Entered: 08/31/1995) 08/25/1995 76 AFFIDAVIT of Janice Fanning Madden, economist (who ananalyzes compensation patterns) by Evelyn Krueger, Francis J. Lupardo, Carylye D. Forde, Walter Grabowski, Nicholas T. Bruck, Albert J. Dwyer Re: NYNEX Compensation. (lam) (Entered: 08/31/1995) 08/25/1995 77 MEMORANDUM OF LAW by New York Telephone C, NYNEX in support of Motion to Compel Discovery. (djc) (Entered: 09/01/1995) 08/28/1995 78 REPLY MEMORANDUM by New York Telephone C, NYNEX re: [73 1] motion for protective order, [73 2] motion and for Bifurcation (ls) (Entered: 09/06/1995) 08/28/1995 79 Case Management Plan in a Standard or Complex Case: 1. Parties shall file simultaneous briefs in the form of cross motions to compel or applications for protective orders with respect to outstanding discovery requested form members of the purported class and consent signers. 2. Such briefs shall be served by 8/23/95, with simultaneous replies served by 8/25/95. SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 09/07/1995) 10/02/1995 80 MEMORANDUM OPINION # 75505 denying [73 2] motion and for Bifurcation granting [73 1] motion for protective order; see document ( Signed by Judge John G. Koeltl ); Copies mailed. (cd) (Entered: 10/03/1995) 10/02/1995 81 MEMORANDUM OPINION # 75504, the Krueger plntfs seek to certify a class action withe respect to both the state HRL and ERISA claims, and authorize a collective action with respect to their ADEA claims... ( Signed by Judge John G. Koeltl ); Copies mailed. (cd) (Entered: 10/03/1995) 12/21/1995 82 ORDER REFERRING CASE to Dean John Feerick of Fordham Law School as a special master in these matters for the purposes of assisting the parties in settlement discussions. The master's compensation shall be paid by the parties equally. SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 12/26/1995) 12/21/1995 83 ORDER, discovery due for 1/19/96, motion filing deadline for 2/9/96, pretrial order due for 3/1/96, trial ready deadline 3/8/96; See document for other deadlines ( signed by Judge John G. Koeltl ); Copies mailed (cd) (Entered: 12/26/1995) 12/28/1995 84 Filed Memo_Endorsement on letter dated 12/15/95, Dr. Stoikov's supplemental report is to be served by 1/5/96, plntf may take Dr. Stoikov's deposition after she returns and before 1/30/96 ( signed by Judge John G. Koeltl ) (cd) (Entered: 12/29/1995) 01/18/1996 85 ORDER, Ana Maria Cerrudo is dismissed with prejudice from the above captioned lawsuit. ( signed by Judge John G. Koeltl ); Copies mailed (kg) (Entered: 01/19/1996) 01/18/1996 Case closed (kg) (Entered: 01/19/1996) 01/18/1996 Case reopened (closed in error) (kg) (Entered: 11/13/1996)

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 9 of 14 02/02/1996 86 Filed Memo_Endorsement on letter by Amy J. Becch to Judge Koeltl dated 1/25/96, The requirement to produce all documents intended to be used as trial exhibits by 3/8/96 does not extend to charts and other graphic material for illustrative purposes which are prepared for litigation. The parties should agree on a procedure and timetable for litigation and review to permit mutual verification. SO ORDERED: ( signed by Judge John G. Koeltl ) (ae) (Entered: 02/05/1996) 02/02/1996 87 Filed Memo_Endorsement on letter dated 1/22/96, pretrial order due for 1/23/96 ( signed by Judge John G. Koeltl ) (cd) (Entered: 02/05/1996) 02/07/1996 88 ORDER, set discovery, including experts due for 3/8/96 ; The deadline for serving &filing dispositive motions is 3/29/96 ; Defts will immediately produce all material used...by their experts to the extent not previously provided ; Pltffs will produce all "damage questionnaires" by 1/19/96 ; By 1/26/96 defts will provide pltffs' counsel with a list of those to be deposed by phone to be conducted bet. 1/29/96 &2/16/96 ; Pltffs to serve any rebuttal reports to Dr. Perl or Dr. Landy's reports on or before 2/9/96 &depositions of rebuttal experts by 2/23/96 ; Parties to designate any compensatory damages expert by 2/2/96 and serve any report from that expert by 2/9/96, Depositions of experts by 2/16/96 ; Parties to designate any rebuttal compensatory damages expert by 2/16/96, to serve rebuttal report from expert by 3/1/96 and experts to be available for deposition on or before 3/8/96 ; Parties will produce all documents intended for use as trial exhibits by 3/8/96 ; The pltffs reserved the right to make any applications in connection with these examinations. ( signed by Judge John G. Koeltl ) Copies mailed (lam) (Entered: 02/09/1996) 02/07/1996 89 Filed Memo_Endorsement on letter dated 2/7/96, Response to motion to dismiss by 2/16/96 for plntfs ( signed by Judge John G. Koeltl ) (cd) (Entered: 02/14/1996) 02/20/1996 90 ORDER, dismissing John W. Erdmann with prejudice from the above captioned lawsuit. ( signed by Judge John G. Koeltl ); Copies mailed (kg) (Entered: 02/21/1996) 02/20/1996 91 Filed Memo Endorsement on letter from Debra L. Raskin, atty for Krueger pltffs dated 2/15/96, informing the Court of developments re interrogatories...the COURT WILL RESOLVE ANY OPEN ISSUES AFTER 2/21/96. THE PARTIES ARE ENCOURAGED TO RESOLVE THEIR DIFFERENCES. SO ORDERED. KOELTL, J. (signed by Judge John G. Koeltl ) (lam) (Entered: 02/22/1996) 02/20/1996 92 Filed Memo_Endorsement on letter by Debra L. Raskin, dated 2/14/96, "Granting" request for plaintiffs to have at least two weeks following the completion of depositons to submit the rebuttals.....so Ordered...( signed by Judge John G. Koeltl ) (pl) (Entered: 02/22/1996) 02/23/1996 93 ORDER, William Lee is dismissed with prejudice from the above captioned aciton purs. to FRCP 37(b)(2)(C) for failure to produce discovery, and purs. to FRCP 41(b) for failure to submit any substantive response to the application to dismiss explaining his failure to comply with discovery obligations or expressing any desire to continued with this action. ( signed by Judge John G. Koeltl ); Copies mailed (kg) (Entered: 02/26/1996) 02/26/1996 94 Filed Memo_Endorsement on letter dated 2/20/96, the parties should agree on an exchange of damages charts; if the parties require a court ordered date, they should ask for a telephone conference ( signed by Judge John G. Koeltl ) (cd) (Entered: 02/27/1996) 02/26/1996 95 ORDER, reset discovery due for 3/15/96, set service deadline for dispositive motions remain 3/29/96..., ' Defendants shall be permitted to conduct no more than thirty four (34) follow up telephone depostions of no longer than thirty(30) minutes each with respect to emotional distress damages to the extent necessary to clarify or supplement any answers or to follow up on incomplete answers..., Defendants shall be permitted to serve additonal written questions with respect to economic damages to the extent necessary to clarfy or supplement any answers or to floow up on incomplete answers..., Plaintiffs shall serve any rebuttal reports to the reports of Mrs. Perl and Landy on or before 2/16/96, and any deposition of the rebuttal experts will be held on or before 3/22/96, The parties shall serve any report from compensatory damages experts on or before 3/15/96...(see order for further details)......so Ordered...( signed by Judge John G. Koeltl ); Copies mailed

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 10 of 14 (pl) (Entered: 02/27/1996) 02/28/1996 96 Filed Memo_Endorsement on letter dated 1/19/96 to Judge Koeltl from Debra L. Raskin... an extension of time until 1/22 to submit the proposed joint order.. SO ORDERED.. ( signed by Judge John G. Koeltl ) (kk) (Entered: 02/28/1996) 03/13/1996 97 ORDER, The Court hereby orders that the schedule set forth in the Court's Order dtd. 2/6/96 is amended as follows:, discovery proceedings will end on 3/29/96, reset dispositive motions filing deadline for 5/10/96...see doc. for further scheduling...so ORDERED... ( signed by Judge John G. Koeltl ); Copies mailed (ls) (Entered: 03/14/1996) 04/05/1996 ORDER, reset discovery due for 4/30/96, reset dispositive motions filing deadline for 5/24/96, reset Joint pretrial order due 6/7/96, reset trial ready deadline 6/7/97...see doc. for other directions...so ORDERED... ( signed by Judge John G. Koeltl ); Copies mailed *NOTE: orig. doc. fld. in related case no. 95 civ 2839 (JGK) (ls) (Entered: 04/08/1996) 04/30/1996 98 Filed Memo_Endorsement on letter dated 4/24/96 to Judge Koeltl from Amy J. Beech.. PARTIES SHOULD SUBMIT AN AGREED UPON REVISED SCHEDULE OR ASK FOR A TELEPHONE CONFERENCE.. SO ORDERED. ( signed by Judge John G. Koeltl ) (kk) (Entered: 05/01/1996) 05/20/1996 99 Filed Memo_Endorsement on letter dated 5/16/96, reset conference for 5/20/96. Contact the Deputy Clerk for a time...so Ordered...( signed by Judge John G. Koeltl ) (pl) (Entered: 05/21/1996) 06/06/1996 100 ORDER, Set pretrial conference for 3:00 6/7/96 ( signed by Judge John G. Koeltl ); Copies mailed (ae) (Entered: 06/07/1996) 06/28/1996 ORDER, *(see below) set discovery due for 8/21/96, set dispositive motions filing deadline for 9/17/96, set joint pretrial order due for 9/30/96, set trial ready deadline for on or after 9/30/96...SO ORDERED... ( signed by Judge John G. Koeltl ); Copies mailed *Note: orig. doc. fld. in case no. 95 civ 2839 (JGK) and noted (only) in this related case (ls) (Entered: 07/01/1996) 07/19/1996 101 Rule 3(g) statement filed by New York Telephone C, NYNEX (cd) (Entered: 07/23/1996) 07/26/1996 102 ORDER,.. the Courtroom Deputy will schedule a conference with the parties to discuss the defendants' motion for summary judgment and the issues relating to the settlement. 2. the plaintiffs may submit their counterstatement under Rule 3(g) with their papers in opposition to the motion for summary judgment. However, the parties shoulld be prepared to discuss the bases for the motion and the responses to the motion at the conference. 3. The defendants' request to submit a memorandum in excess of 30 pages in support of the motion for summary judgment is denied. (motion not on file) The parties are reminded that the parties are to follow the rules of the Court of Appeals for the Second Circuit with respect to items such as margins, type size, etc. The parties are also reminded that affidavits, exhibits, and copious footnotes are not to be used as a means of circumventing the page limits. ( signed by Judge John G. Koeltl ); Copies mailed (djc) (Entered: 07/26/1996) 08/07/1996 Pre trial conference held before Judge Koeltl. (lam) (Entered: 08/09/1996) 08/09/1996 103 ORDER, that defts shall serve their motion for summary judgment by 8/9/96 ; the pltffs shall serve their responses by 10/11/96 and the defts shall serve their reply by 11/8/96. The defts shall file the motion papers immediately after the motion is fully briefed. ( signed by Judge John G. Koeltl ); Copies mailed (lam) (Entered: 08/09/1996) 08/15/1996 104 ORDER, the plntfs and class members listed in attachment A will be offered the 66Special pension enhancement by 12/1/96...the parties will attempt to resolve the issue of alleged damages to accepting class members and plntfs for the period form 7/15 through 8/11/96... ( signed by Judge John G. Koeltl ); Copies mailed (cd) (Entered: 08/16/1996) 09/16/1996 105 SEALED DOCUMENT placed in vault (sp) (Entered: 09/17/1996)

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 11 of 14 10/02/1996 106 STIPULATION and ORDER, that the pltffs. listed on Exhibits A, B, and C are hereby dismissed w/ prejudice purs. to the terms of the Settlement Release, Covenant Not To Sue, Waiver and Non Disclosure Agreements, and the following: 1. Pltffs. listed on Exhibits A and C will have the right to obtain a more favorable subsequent settlement in the lawsuit as described in paragrapnh 1f of the Releases. 2. The Pltfs. listed on Exhibit B. will have the right to obtain a more favorble subsequent settlement in the lawsuit as described in paragraph 1d of the Releases. 3. The District Court shall retain jurisdiction w/ respect to disputes under the Releases and defts' settlement offers. 4. this Court's Order dtd. 8/12/96 remains in effect. 5. Subject to the above, the case James L. Manzi, et al. v. New York Telephone Co. and NYNEX Corp., 93 Civ. 3606, is dismissed w/ prejudice in its entirety...so ORDERED... ( signed by Judge John G. Koeltl ). (ls) (Entered: 10/03/1996) 10/11/1996 107 Filed Memo_Endorsement on letter dated 10/04/96, Application for an extension of time to produce and respond granted. If the parties disagree with respect to the scope of production, the Court will decide ti in the context of the Proposed Order...So Ordered...( signed by Judge John G. Koeltl ) (pl) (Entered: 10/15/1996) 11/12/1996 108 Filed Memo_Endorsement on letter dated 11/5/96 from Matthew T. Miklave. Granting his application for an extension of time for defendants to serve their reply brief...so Ordered. ( signed by Judge John G. Koeltl ) (kw) (Entered: 11/13/1996) 11/19/1996 109 STIPULATION EXTENDING DEFTS' TIME TO SERVE THEIR REPLY MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT until 11/27/96. (signed by Judge John G. Koeltl ) (lam) (Entered: 11/20/1996) 12/04/1996 110 ORDER, Defendant reply brief on the motion for summary judgment by 12/6/96. ( signed by Judge John G. Koeltl ); Copies mailed (kw) (Entered: 12/04/1996) 12/09/1996 111 MEMORANDUM ORDER, the Court resolved the issue of the plntfs' redacted documents and the privilege log at a subsequent ptc; because this proposed order disposing of matters decided in a ptc on 9/4/96 was only presented on 11/22/96, many of the dates in this order may be moot...parties to notify the Court so that dates can be changed ( signed by Judge John G. Koeltl ); Copies mailed (cd) (Entered: 12/10/1996) 12/12/1996 112 SEALED DOCUMENT placed in vault (da) (Entered: 12/12/1996) 12/12/1996 113 SEALED DOCUMENT placed in vault (da) (Entered: 12/12/1996) 12/12/1996 114 SEALED DOCUMENT placed in vault (da) (Entered: 12/12/1996) 12/12/1996 115 SEALED DOCUMENT placed in vault (da) (Entered: 12/12/1996) 12/12/1996 116 SEALED DOCUMENT placed in vault (da) (Entered: 12/13/1996) 01/08/1997 117 ORDER that the Notice attached as Exhibit A be sent to all class members in KRUEGER V. NEW YORK TELEPHONE CO. by overnight delivery service &that the Notice attached as Exhibit B be sent to all pltffs in JACKSON V. NEW YORK TELEPHONE CO. by overnight delivery service. ( signed by Judge John G. Koeltl ); Copies mailed (lam) (Entered: 01/09/1997) 01/16/1997 118 Filed Memo Endorsement on letter from Matthew T. Miklave, atty for defts dated 1/10/97, requesting for all parties an extension of time until 1/13/97 @9:00 to file the Settlement, Release, Covenant Not to Sue, Waiver and Non Disclosure Agreement, pltffs' supporting memoranda and affidavits, and the Proposed Order Approving Settlement... SO ORDERED 1/12/97. KOELTL, J. ( signed by Judge John G. Koeltl ) (lam) (Entered: 01/17/1997) 01/16/1997 121 AFFIDAVIT of Julian R. Birnabaum in support Re: Settlement (pl) (Entered: 01/21/1997) 01/16/1997 122 NOTICE OF MOTION by plaintiffs' for an order approving the terms of the proposed settlement of this class and collective action as provided in the Stipulation and Agreement of Settlement, dated 1/16/97.., Return date 1/17/97 (pl) Modified on 01/21/1997 (Entered: 01/21/1997)

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 12 of 14 01/16/1997 123 AFFIDAVIT in support of Julian R. Birnbaum Re: [122 1] motion for an order approving the terms of the proposed settlement of this class and collective action as provided in the Stipulation and Agreement of Settlement, dated 1/16/97.. (pl) (Entered: 01/21/1997) 01/16/1997 124 MEMORANDUM by plaintiffs' in support of [122 1] motion for an order approving the terms of the proposed settlement of this class and collective action as provided in the Stipulation and Agreement of Settlement, dated 1/16/97.. (pl) (Entered: 01/21/1997) 01/16/1997 125 CERTIFICATE OF SERVICE of Plaintiffs' Memorandum of Law in Support of Approval of Settlement: the Notice of Motion and the Affidavit of Julian R. Birnbaum upon (see attached list) on 1/16/97 (pl) (Entered: 01/21/1997) 01/16/1997 126 Settlement, Release, Covenant Not To Sue, Waiver And Non Disclosure Agreement And Exhibits: Volume I Of II, fld. by defts. (ls) (Entered: 01/21/1997) 01/16/1997 127 Settlement, Release, Covenant Not To Sue, Waiver And Non Disclosure Agreement And Exhibits, fld. by defts. (ENTERED IN ERROR IN THIS ACTION DOCUMENT FILED IN RELATED CASE 94 CIV 3272 (JGK)). (ls) Modified on 04/10/1997 (Entered: 01/21/1997) 01/16/1997 128 VOLUME II Of Exhibits: Settlement, Release, Covenant Not To Sue, Waiver And Non Disclosure Agreement (Exhibits F. Cont'd. through G), fld. by defts. (ls) (Entered: 01/21/1997) 01/17/1997 AFFIDAVIT in support of Matthew T. Miklave by New York Telephone C, NYNEX of Proposed Settlement Agreement in full Settlement of Civil Action. (Original document docketed in 94 civ. 3272 as # 32) (kw) Modified on 01/21/1997 (Entered: 01/21/1997) 01/17/1997 MEMORANDUM by New York Telephone C, NYNEX in support of Defendants' Request for Court Approval of a Proposed Settlement Agreement in full Settlement of Civil Action. (Original document docketed in 94 civ. as # 33) (kw) (Entered: 01/21/1997) 01/17/1997 119 AFFIDAVIT in support of Matthew T. Miklave by New York Telephone C, NYNEX of Proposed Settlement Agreement in full Settlement of Civil Action. (kw) (Entered: 01/21/1997) 01/17/1997 120 MEMORANDUM by New York Telephone C, NYNEX in support of Defendants' Request for Court Approval of a Proposed Settlement Agreement in full Settlement of Civil Action. (kw) (Entered: 01/21/1997) 01/22/1997 129 STIPULATION and ORDER, Pursuant to Fed. R. Civ. P. 25(a), Lucille Knight and Carolyn Tillistrand are substituted respectively as parties for consent signers Michael L. Knight, Sr., and Charles O. Tillistrand. ( signed by Judge John G. Koeltl ). (kw) (Entered: 01/22/1997) 01/23/1997 130 ORDER granting [122 1] motion for an order approving the terms of the proposed settlement of this class and collective action as provided in the Stipulation and Agreement of Settlement, dated 1/16/97.. ( signed by Judge John G. Koeltl ); Copies mailed (kg) (Entered: 01/27/1997) 01/24/1997 131 AFFIDAVIT of Julian R. Birnbaum (djc) (Entered: 01/28/1997) 01/28/1997 132 ORDER APPROVING SETTLEMENT...ORDEREED, that the proposed settlement is approved; ORDERED, that plaintiff eligible for participation under the Agreement have waived any and all rights to continue to prosecute, or to initiate or commence any lawsuits, charges, complaints or claims arising out of the released Claims. Claims of discrimination or retaliation which arise after the date of this Order are unaffected by this waiver provision; ORDERED, that any person who has failed to file objections in the manner provided for, has waived all objections and shall be barred from raising any such objections in this or any other proceeding respecting the settlement. ORDERED, that this Court retains jurisdiction over the settlement of this case and may enter additional orders to effectuate the fair and orderly administration of the settlement as may from time to time be appropriate. SO ORDERED. ( signed by Judge John G. Koeltl); Copies

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 13 of 14 mailed (djc) (Entered: 01/28/1997) 01/28/1997 Case closed (djc) (Entered: 01/28/1997) 02/14/1997 Exhibit D. To Settlement, Release, Covenant Not To Sue, Waiver and Non Disclosure Agreement (see below) by Doris Jackson, Jack Russek, Richard J. Simms, James Bunyar, Gerald Conahan and Thomas Osborne, on behalf of themselves and all others similarly situated *Note: orig. doc. fld. in related case no. 94 civ 3272(JGK) and noted only in this case (ls) (Entered: 02/19/1997) 02/28/1997 133 ORDER, the Ordere dated August 12, 1996 is hereby amended such that Joseph Henry is deemed listed on Attachment B and is no longer listed on Attachment A. SO ORDERED. ( signed by Judge John G. Koeltl ); Copies mailed (djc) (Entered: 02/28/1997) 03/07/1997 134 Transcript of record of proceedings filed for dates of Hon. John G. Koeltl before the Hon. John G. Koetlt. (djc) (Entered: 03/07/1997) 03/17/1997 135 STIPULATION AND ORDER of dismissal w/prejudice; ( signed by Judge John G. Koeltl ) (kg) (Entered: 03/18/1997) 03/17/1997 136 STIPULATION and ORDER, The Settlement, Release, Covenant Not to Sue, Waiver and Non Disclosure Agreement approved by the Court on 1/24/97, is amended as follows: 1) Add "(5) Lillian Varney ("Varney") is disabled (Varney received a job offer that is no longer valid)" to l.b. on page 3; 2) Under 1.f., add "Varney," after "Tillistrand,"; 3) Add "Lillian Varney" to Exhibit E; 4) Delete "Joe Gibbs" from Exhibit H; 5) Delete "Harry Steingart" from Exhibit H; 6) Add "Raymond Finnerty" to Exhibit H; and 7) Add "Paula Behm" to Exhibit H. SO ORDERED: ( signed by Judge John G. Koeltl ). (ae) (Entered: 03/18/1997) 03/18/1997 STIPULATION AND ORDER of dismissal with prejudice pursuant to the terms of the settlement. ( signed by Judge John G. Koeltl ) (Original docketed in 94 civ. 3272) (kw) (Entered: 03/18/1997) 03/24/1997 137 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement...Redaction Dispute ( signed by Judge John G. Koeltl ) Referred to Magistrate Judge Douglas F. Eaton (kg) (Entered: 03/25/1997) 04/03/1997 138 Transcript of record of proceedings filed for dates of 1/24/97 before Judge Koeltl. (sac) (Entered: 04/07/1997) 04/14/1997 MEMORANDUM ORDER, *(see below) Judge Koeltl referred this redaction dispute to me. I have reviewed Ms. Raskin's 2/26/97 letter and Mr. Miklave's 3/25/97 letter (incl. the transcripts of the 1/24/97 and 3/7/97 proceedings before Judge Koeltl). I direct that both of these letters be fld. under seal, I have also reviewed Ms. Raskin's 3/18/97 letter, which requests me to hold a conference on this redaction dispute. I find that a conference is unnecessary, I am sending Ms. Raskin and Mr. Miklave ea. a copy of the first five pages of the settlement agreement, w/ my insutructions in red ink showing the redactions that must be made before the settlemetn agreement may be fld....so ORDERED... ( signed by Magistrate Judge Douglas F. Eaton ); Copies mailed; *Note: orig. doc. fld. in related case no. 94 civ 3272(JGK) (DFE) (ls) (Entered: 04/14/1997) 04/14/1997 139 MEMORANUDM AND ORDER, I direct that both of these letter be filed under seal. I have also reviewed M. Raskins' 3/18/97 letter, which requests me to hold a conference on this redaction dispute. I find that a conference is unnecessary, I am sending Ms. Raskin and Mr. Miklave each a copy of the first five pages of the settlement agreement,......so Ordered...( signed by Magistrate Judge Douglas F. Eaton ) (pl) (Entered: 04/15/1997) 04/18/1997 140 JUDGMENT, These cases having been settled in accordance with the Stipulation and Order dated 3/18/97, this action is hereby dismissed with prejudice. SO ORDERED: ( signed by Judge John G. Koeltl ); Mailed copies and notice of right to appeal. EOD:4/21/97 (ae) Modified on 04/25/1997 (Entered: 04/21/1997) 05/13/1997 141 Transcript of record of proceedings filed for dates of 3/7/97 @2:45 before Judge Koeltl. (lam) (Entered: 05/13/1997)

Case: 1:93-cv-178 As of: 09/01/2010 08:25 PM EDT 14 of 14 07/18/1997 142 ORDER..this Court shall retain jurisdiction over any dispute or litigation arising out of the Settlement Agreements in the Krueger and Carroll actions. Thus, if plaintiffs wish to elect the "6 &6", they must sign its general release. ( signed by Judge John G. Koeltl ); Copies mailed (kk) (Entered: 07/21/1997) 07/23/1997 143 ORDER sealing the unredacted Krueger settlement agreement and placing a redacted version in the public file ( signed by Magistrate Judge Douglas F. Eaton ); Copies mailed (kk) (Entered: 07/23/1997) 07/23/1997 144 SEALED DOCUMENT placed in vault (af) (Entered: 07/23/1997) 03/23/1998 145 ORDER, the Court has received the attached correspondence from Ms. Krueger which it is returning to her counsel. The court should not be copied on correspondence and no documents should be sent to the Court except through counsel with a copy to counsel for all other parties ( signed by Judge John G. Koeltl ); Copies mailed (also docketed in 93cv179 and 93cv3606) (cd) (Entered: 03/24/1998)