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08-3173 - Windstream Corporation et al v. Berggren, et al


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08-3173 - Windstream Corporation et al v. Berggren, et al
November 12, 2008
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ORDER granting 162 Agreed Motion to Extend Plaintiffs' Deadline to Respond to Motions to Dismiss159. The plaintiffs' deadline to respond to (i) Defendant Union's Motion to Dismiss, and (ii) any motion to dismiss filed by the individual defendants on or before November 28, 2008, is extended to thirty (30) days after the filing and service of any such motion to dismiss filed by the individual defendants. In the event the individual defendants do not file a motion to dismiss, the plaintiffs will have thirty (30) days from November 28, 2008, to file their response to the Defendant Union's Motion to Dismiss; and the defendants' deadlines to reply to the plaintiffs' responses will be determined by the applicable Local Rules; provided, however, that if plaintiffs' responses are filed on or after December 16, 2008, the defendants will have thirty (30) days to file their replies from the date such responses are filed and served. Ordered by Senior Judge Warren K. Urbom. (EJL)
December 2, 2008
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ORDER regarding 164 Motion for Preliminary Injunction. 1. a hearing on the Request for Preliminary Injunction will be held on December 15, 2008, commencing at 9:00 a.m.; the individual defendants will have 3 1/4 hours to offer their evidence, to cross-examine any live witnesses, to rebut the plaintiffs' evidence, and to argue their position; 2. the plaintiffs shall have 3 1/4 hours to offer their evidence, to cross-examine any live witnesses, to rebut the individual defendants' evidence, and to argue their position; 3. no depositions shall be taken prior to the hearing; 4. a maximum of five interrogatories, five requests for production of documents and five requests for admissions may be served no later than 5:00 p.m. on Thursday, December 4, 2008; 5. responses to discovery requests set out in paragraph 4 shall be served no later than 5:00 p.m. on Tuesday, December 9, 2008; and 6. briefs will be filed and served by each party no later than 5:00 p.m. on Thursday, December 11, 2008; responses shall be served no later than 5:00 p.m. on Friday, December 12. Ordered by Senior Judge Warren K. Urbom. (EJL)
December 3, 2008
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ORDER OF DISMISSAL-On December 3, 2008, the Court considered Plaintiffs' Notice of Agreed Dismissal of Defendant Communications Workers of America Union Local No. 7470 Without Prejudice. Pursuant to the Federal Rules of Civil Procedure, Plaintiffs' causes of action pled in this case against Defendant Communications Workers of America Union Local No. 7470 are dismissed, without prejudice to the filing or refiling of same. Ordered by Senior Judge Warren K. Urbom. (LKL)
December 30, 2008
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ORDER. The defendants' motion for a preliminary injunction, filing 164, is denied;the motion to dismiss filed by Communications Workers of America Union Local No. 7470, filing 159, is denied as moot; the plaintiffs' motion to exclude the expert testimony of Pamela J. Acuff, filing 183, is denied as moot; and the plaintiffs' objections to the defendants' evidence, filing 185, is denied as moot.Ordered by Senior Judge Warren K. Urbom. (EJL)
December 31, 2008
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ORDER.The parties' joint motion to certify class, filing 194, is granted, and the defendants' motion for class certification, filing 174, is denied as moot. The class, along with the class claims, issues, and defenses, are defined as stated in the memorandum accompanying this order, and David A. Domina and Terry A. White are appointed as class counsel.Ordered by Senior Judge Warren K. Urbom. (EJL)
December 31, 2008
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ORDER granting 157 Motion to Strike the defendants' jury demand.Ordered by Senior Judge Warren K. Urbom. (EJL)
April 21, 2009
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STIPULATED PROTECTIVE ORDER regarding Stipulation208. Ordered by Magistrate Judge David L. Piester. (JAB)
June 2, 2009
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ORDER regarding 213 Stipulation. IT IS ORDERED: The stipulation of the parties, filing no. 213, regarding depositions is approved. Ordered by Magistrate Judge David L. Piester. (Copy mailed to pro se party) (LKH) Modified on 6/2/2009 to reflect copy mailed to pro se party. (LKH).
July 8, 2009
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ORDER approving 225 Stipulation. Responses to the pending motions for summary judgment shall be filed and served on or before July 24, 2009; and any reply briefs shall be filed and served on or before July 31, 2009.Ordered by Senior Judge Warren K. Urbom. (EJL)
July 21, 2009
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ORDER - Parties' joint motion to continue, (filing no. 228), is granted, and the deposition deadline is extended to August 5, 2009. Ordered by Judge Richard G. Kopf, in the absence of Magistrate Judge David L. Piester. (JAB)
July 31, 2009
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ORDERED that the parties' joint motion seeking to extend the discovery deadline for the sole purpose of rescheduling the deposition of Joan Dorais 236, is granted, and as to only the Dorias deposition, the discovery deadline is extended to September 7, 2009. Ordered by Judge Richard G. Kopf. (JAE)
August 26, 2009
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MEMORANDUM AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT - 1. The defendants' motion for summary judgment, filing 215, is denied; 2. The plaintiffs' motion for summary judgment, filing 218, is granted; 3. The plaintiffs' objections to the defendants' evidence, filings 231 and 239, are denied as moot; and 4. The plaintiffs are entitled to a judgment declaring that the amendments to the benefits plans that were to become effective on December 31, 2008, and January 1, 2009, are indeed effective, enforceable, and within the plaintiffs' right to make. Ordered by Senior Judge Warren K. Urbom. (JAB) Modified on 8/26/2009 to update title of order.(JAB)
August 26, 2009
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JUDGMENT regarding Memorandum and Order242. Judgment is entered against the defendants and in favor of the plaintiffs, and the amendments to the benefits plans that were to become effective on December 31, 2008, and January 1, 2009, are indeed effective, enforceable, and within the plaintiffs' right to make. Ordered by Senior Judge Warren K. Urbom. (JAB)
October 1, 2009
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ORDER TO WITHDRAW EXHIBITS - Pursuant to NECivR 79.1(f) or NECrimR 55.1(g), counsel shall either 1) withdraw the following exhibits previously submitted in this matter within 15 calendar days of the date of this order, or 2) show cause why the exhibits should not be destroyed. Ordered by Senior Judge Warren K. Urbom. (JAB)
January 4, 2010
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MEMORANDUM AND ORDER - The "Individual Class Defendants' Motion for Attorneys' Fees," filing 244, is granted in part, and a judgment shall be entered stating that the plaintiffs are to pay the defendants a fee award in the amount of $21,000. Ordered by Senior Judge Warren K. Urbom. (GJG)