Case: Engers v. AT&T

Management Employees of AT&T v. AT&T

Management Employees of AT&T v. AT&T

COMPLAINT filed; jury demand FILING FEE $ 150.00 RECEIPT # 253017 (femp) Additional attachment(s) added on 12/21/2005 (ev, ). (Entered: 08/06/1998)

NOTICE of Allocation and Assignment filed. Magistrate Judge RONALD J. HEDGES (femp) (mn, ). (Entered: 08/06/1998)

SUMMONS(ES) issued for ATTAND ATTMANAGE ( 20 Days) (Mailed to Counsel) (femp) (Entered: 08/19/1998)

APPLICATION by AT&T AND AT&T MANAGE and Clerk's Order extending time to answer. Answer due 11/3/98 for AT&T AND AT&T MANAGE (femp) (in-md, ). (Entered: 09/24/1998)

STIPULATION and ORDER, extending time, answer due for 12/2/98 for AT&T AND AT&T MANAGE ( signed by Mag. Judge Ronald J. Hedges ) (femp) (Entered: 10/22/1998)

WAIVER OF SERVICE RETURNED EXECUTED as to AT&T AND AT&T MANAGE 8/20/98 Answer deadline projected for 10/19/98 for AT&T AND AT&T MANAGE (femp) (in-md, ). (Entered: 10/22/1998)

NOTICE of Call for Dismissal Pursuant to Rule 41.1 Motion hearing set for 12/14/98 (femp) (Entered: 11/16/1998)

WAIVER OF SERVICE RETURNED EXECUTED as to AT&T AND AT&T MANAGE 8/20/98 Answer deadline projected for 10/19/98 for AT&T AND AT&T MANAGE (femp) (Entered: 11/19/1998)

ANSWER to Complaint by AT&T AND AT&T MANAGE (femp) (Entered: 12/03/1998)

ANSWER to Complaint by AT&T, AT&T MANAGEMENT PEN (femp) (Entered: 12/03/1998)

Notice of Intent to submit a Dispositive motion by AT&T, AT&T MANAGEMENT PEN (femp) (Entered: 12/11/1998)

Minute entry: Proceedings recorded by ; Minutes of: 12.14.98; The following actions were taken, withdrawing [6-1] dismiss/dismissal notice Call for Dismissal By Judge Nicholas H. Politan (femp) (in-md, ). (Entered: 12/17/1998)

Notice of Intent to submit a Dispositive motion by AT&T, AT&T MANAGEMENT PEN (femp) (Entered: 01/05/1999)

ORDER extending time to 2.1.99 within which pltfs may serve opp to defts' motion for partial dismissal ( signed by Mag. Judge Ronald J. Hedges ) (femp) (Entered: 01/20/1999)

ORDER that pltfs. must provide opposition to defts.' motion for partial dismissal by 2/12/99 set motion filing deadline for defts. by 2/26/99 ( signed by Mag. Judge Ronald J. Hedges ) (DD) (in-md, ). (Entered: 01/26/1999)

ORDER, scheduling conference for 3/26/99 ( signed by Mag. Judge Ronald J. Hedges ) (femp) (in-md, ). (Entered: 01/28/1999)

ORDER extending time to 2.12.99 for pltf to serve opposition to defts' motion for partial dismissal purs to R 12(b)(6); deft to serve any reply thereto and deliver all motion papers to the court is set at 2.26.99 ( signed by Mag. Judge Ronald J. Hedges ) (femp) (in-md, ). (Entered: 02/02/1999)

Notice of MOTION for partial dismissal by AT&T, AT&T MANAGEMENT PEN, Motion set for 3/22/99 on [17-1] motion proof of service (Brief/PO Subm) (femp) (in-md, ). (Entered: 03/01/1999)

CERTIFICATION of Alan Sefcik on behalf of AT&T, AT&T MANAGEMENT PEN Re: [17-1] motion for partial dismissal (femp) (in-md, ). (Entered: 03/01/1999)

Notice of Intent to submit a Dispositive motion by AT&T, AT&T MANAGEMENT PEN (femp) (in-md, ). (Additional attachment(s) added on 6/22/2009: # 1 signed) (in-md, ). (Entered: 03/08/1999)

1 signed

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Minute entry: Proceedings recorded by Ct-Reporter: Rizman; Minutes of: 3.22.99; The following actions were taken, [17-1] motion for partial dismissal taken under advisement ; ordered counsel to replead within 30 days by preparing proper caption and allegations; ordered that each count of the complaint to represent a seperate cause of action, each count must be specific. By Judge Nicholas H. Politan (femp) (in-md, ). (Entered: 03/23/1999)

ORDER, for Stephan R. Bruce to appear pro hac vice ( signed by Judge Nicholas H. Politan ) (femp) (in-md, ). (Entered: 03/23/1999)

TRANSCRIPT of Proceedings taken on 3.22.99 (femp) (cf, ). (Entered: 04/01/1999)

Case closed (femp) (Entered: 04/23/1999)

OPINION ( signed by Judge Nicholas H. Politan ) (femp) (in-md, ). (Entered: 04/23/1999)

ORDER granting [17-1] motion for partial dismissal; counts one through five and counts ten through fifteen are dismissed with prejudice; remainder of the complaint is dismissed without prejudice; pltfs are granted 45 days within to file an ameneded class action complaint that is consistent with this Court's 4-14-99 letter opinion ( signed by Judge Nicholas H. Politan ) (femp) (in-md, ). (Entered: 04/23/1999)

AMENDED COMPLAINT by MANAGEMENT EMPLOYEES, amending [1-1] complaint against PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR (nr) Additional attachment(s) added on 12/21/2004 (ev, ). (Additional attachment(s) added on 6/22/2009: # 1 amened) (in-md, ). (Entered: 06/08/1999)

1 amened

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APPLICATION by AT&T, AT&T MANAGEMENT PEN and Clerk's Order extending time to answer. Answer due 7/13/99 for AT&T MANAGEMENT PEN, for AT&T (femp) (in-md, ). (Entered: 06/28/1999)

STIPULATION and ORDER, extending time, answer due for 8/16/99 for AT&T MANAGEMENT PEN, for AT&T ( signed by Mag. Judge Ronald J. Hedges ) (femp) Modified on 07/27/1999 (in-md, ). (Entered: 07/27/1999)

ANSWER by AT&T, AT&T MANAGEMENT PEN to amended complaint (femp) (Entered: 08/18/1999)

ORDER that oral argument be conducted at 10:00 on 9/27/99; etc. ( signed by Mag. Judge Ronald J. Hedges ) (femp) (in-md, ). (Entered: 09/13/1999)

CERTIFICATION of Gerald J. Smit on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: EEOC age discrimination charge (femp) (in-md, ). (Entered: 09/23/1999)

ORDER that pltfs must provide defts with an original and one copy of pltfs' opp papers to defts' motion for partial dismissal by 10.4.99; etc. ( signed by Mag. Judge Ronald J. Hedges ) (femp) (in-md, ). (Entered: 09/23/1999)

Minute entry: Proceedings recorded by ; Minutes of: 9.27.99; The following actions were taken, denying [17-1] motion for partial dismissal By Mag. Judge Ronald J. Hedges (femp) (in-md, ). (Entered: 10/01/1999)

ORDER that discovery is stayed as to all claims that defts have moved to dimiss purs to R 12(b)(6) pending resolution of that motion; etc. ( signed by Mag. Judge Ronald J. Hedges ) n/m (femp) (in-md, ). (Entered: 10/04/1999)

Notice of MOTION by The American Association of Retired Persons for leave to file brief Amicus Curiae in support of the pltfs opp, Motion set for 11/8/99 on [34-1] motion proof of service (Brief/PO Subm) (femp) Modified on 10/06/1999 (in-md, ). (Entered: 10/05/1999)

Notice of MOTION for partial dismissal by AT&T, AT&T MANAGEMENT PEN, Motion set for 11/22/99 on [35-1] motion proof of service (Brief/PO Subm) (femp) (in-md, ). (Entered: 11/03/1999)

CERTIFICATION of Terrence J. Nolan, Esq. on behalf of AT&T, AT&T MANAGEMENT PEN Re: [35-1] motion for partial dismissal (femp) (in-md, ). (Entered: 11/03/1999)

CERTIFICATION of Allen Sefcik on behalf of AT&T, AT&T MANAGEMENT PEN Re: [35-1] motion for partial dismissal (femp) (cf, ). (Additional attachment(s) added on 10/8/2009: # 1 CERTIFICATION PART 2 OF 5) (cf, ). (Additional attachment(s) added on 10/8/2009: # 2 CERTIFICATION PART 3 OF 5) (cf, ). (Additional attachment(s) added on 10/8/2009: # 3 CERTIFICATION PART 4 OF 5) (cf, ). (Additional attachment(s) added on 10/8/2009: # 4 CERTIFICATION PART 5 OF 5) (cf, ). (Entered: 11/03/1999)

1 CERTIFICATION PART 2 OF 5

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2 CERTIFICATION PART 3 OF 5

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3 CERTIFICATION PART 4 OF 5

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4 CERTIFICATION PART 5 OF 5

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CERTIFICATION of Gerald J. Smit on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: [35-1] motion for partial dismissal (femp) (in-md, ). (Entered: 11/03/1999)

CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN (femp) (in-md, ). (Entered: 11/03/1999)

Notice of MOTION to dismiss Pltf's First, Second & Ninth Claims by AT&T, AT&T MANAGEMENT PEN, Motion set for 12/13/99 on [40-1] motion ; w/cert. of serv. (Brief/PO Subm) (DD) (in-md, ). (Entered: 11/08/1999)

CERTIFICATION of TERRENCE J. NOLAN, ESQ. w/attached exhibits A-I on behalf of AT&T, AT&T MANAGEMENT PEN Re: [40-1] motion to dismiss Pltf's First, Second & Ninth Claims (DD) (cf, ). (Entered: 11/08/1999)

CERTIFICATION of GERALD SMIT on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: in opposition to [40-1] motion to dismiss Pltf's First, Second & Ninth Claims (DD) (in-md, ). (Entered: 11/08/1999)

CERTIFICATION of STEPHEN BRUCE on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: in opposition to [40-1] motion to dismiss Pltf's First, Second & Ninth Claims (DD) (in-md, ). (Entered: 11/08/1999)

ORDER granting [34-1] motion for leave to file brief Amicus Curiae in support of the pltfs opp ( signed by Judge Nicholas H. Politan ) (aa) (in-md, ). (Entered: 11/09/1999)

Minute entry: Proceedings recorded by Ct-Reporter: NONE; Minutes of: 11/8/99; The following actions were taken, At call for [34-1] motion for leave to file brief Amicus Curiae in support of the pltfs opp taken under advisement, purs to Rule 78. By Judge Nicholas H. Politan (DD) (in-md, ). (Entered: 11/09/1999)

Case reopened (as per chambers) (femp) (Entered: 11/09/1999)

Notice of MOTION for leave to file amended complaint by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR,and certificate of service Motion set for 9:30 12/13/99 on [46-1] motion . (Brief/PO Subm) (aa) (in-md, ). (Entered: 11/15/1999)

CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN (femp) (Entered: 11/30/1999)

CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN re: reply brief (femp) (in-md, ). (Entered: 12/02/1999)

Minute entry: Proceedings recorded by Ct-Reporter: Stan Rizman; Minutes of: 12/13/99; The following actions were taken, [46-1] motion for leave to file amended complaint taken under advisement, decision reserved. By Judge Nicholas H. Politan (bl) (in-md, ). (Entered: 12/15/1999)

Minute entry: Proceedings recorded by Ct-Reporter: Stan Rizman; Minutes of: 12/13/99; The following actions were taken, [35-1] motion for partial dismissal taken under advisement, decision Reserved. By Judge Nicholas H. Politan (bl) (in-md, ). (Entered: 12/15/1999)

Minute entry: Proceedings recorded by Ct-Reporter: Stan Rizman; Minutes of: 12/13/99; The following actions were taken, [40-1] motion to dismiss Pltf's First, Second & Ninth Claims taken under advisement, per rule 78. By Judge Nicholas H. Politan (bl) (Entered: 12/15/1999)

Notice of MOTION for preliminary injunction by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR, Motion set for 5/8/00 on [52-1] motion proof of service (Brief/PO Subm) (femp) (in-md, ). (Entered: 04/17/2000)

CERTIFICATION of Gerald J. Smit, Esq. on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: [52-1] motion for preliminary injunction (femp) (in-md, ). (Entered: 04/17/2000)

CERTIFICATION in opposition of Sharon A. Byrne on behalf of AT&T Re: [52-1] motion for preliminary injunction (femp) (in-md, ). (Entered: 04/25/2000)

CERTIFICATE OF SERVICE by AT&T (femp) (in-md, ). (Entered: 04/25/2000)

Minute entry: Proceedings recorded by Ct-Reporter: Rizman; Minutes of: 5.9.00; The following actions were taken, granting [52-1] motion for preliminary injunction By Judge Nicholas H. Politan (femp) (in-md, ). (Entered: 05/10/2000)

CERTIFICATION of Carol Rosa on behalf of MANAGEMENT EMPLOYEES, PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR (femp) (in-md, ). (Entered: 05/15/2000)

TRANSCRIPT of Proceedings taken on 05/09/00 (sr) (cf, ). (Entered: 05/12/2000)

APPLICATION/motion for Edgar Pauk to appear pro hac vice by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR (copy to chambers) (femp) (in-md, ). (Entered: 05/16/2000)

ORDER for Edgar Pauk, Esq. to appear pro hac vice ( signed by Mag. Judge Ronald J. Hedges ) n/m (femp) (in-md, ). (Entered: 06/08/2000)

LETTER-OPINION ( signed by Judge Nicholas H. Politan ) (jd) Modified on 06/30/2000 (in-md, ). (Entered: 06/30/2000)

ORDER granting [46-1] motion for leave to file amended complaint granting in part, denying in part [40-1] motion to dismiss Pltf's First, Second & Ninth Claims granting in part, denying in part [35-1] motion for partial dismissal; Specifically, the First, Second, and Eighth Claims are dismissed with prejudice. Defts' motions to dismiss are denied as to the Fourth, Fifith, Sixth and Ninth Claims. ( signed by Judge Nicholas H. Politan ) n/m (jd) Additional attachment(s) added on 12/21/2004 (ev, ). (Additional attachment(s) added on 6/22/2009: # 1 order) (in-md, ). (Entered: 06/30/2000)

1 order

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SCHEDULING ORDER setting Status conference 10:30 9/15/00 ; etc. ( signed by Mag. Judge Ronald J. Hedges ) n/m (RG) (in-md, ). (Entered: 07/19/2000)

ANSWER by AT&T, AT&T MANAGEMENT PEN to second amended complaint; jury demand, cert of service (sr) (in-md, ). (Entered: 07/26/2000)

Notice of MOTION for reargument of dismissal of Adea claims one and two, or entry of FRCP 54(b) or 28 USC 1292(b) order by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR, Motion set for 9/11/00 on [65-1] motion . proof of service (Brief/PO Subm) (RG) (in-md, ). (Entered: 07/28/2000)

CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN re: opp to pltfs' motion for reargument (RG) (in-md, ). (Entered: 09/11/2000)

Amended CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN (RG) (in-md, ). (Entered: 09/14/2000)

SCHEDULING ORDER setting Status conference 2/6/01 ; etc. ( signed by Mag. Judge Ronald J. Hedges ) (RG) (in-md, ). (Entered: 09/18/2000)

ORDER denying [65-1] motion for reargument of dismissal of Adea claims one and two, or entry of FRCP 54(b) or 28 USC 1292(b) order ( signed by Judge Nicholas H. Politan ) n/m (RG) (in-md, ). (Entered: 10/04/2000)

ORDER, for protective order ( signed by Mag. Judge Ronald J. Hedges ) nm (DR) (in-md, ). (Entered: 10/12/2000)

Notice of MOTION for class certification and approval of Adea Representative Action by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR, Motion set for 12/11/00 on [71-1] motion proof of service (Brief/PO Subm) (RG) (in-md, ). (Entered: 10/23/2000)

CERTIFICATION of Kevin R. Armant on behalf of AT&T, AT&T MANAGEMENT PEN Re: [71-1] motion for class certification and approval of Adea Representative Action (RG) (cf, ). (Additional attachment(s) added on 10/6/2009: # 1 CERTIFICATION PART 2 OF 3) (cf, ). (Additional attachment(s) added on 10/6/2009: # 2 CERTIFICATION PART 3 OF 3) (cf, ). (Entered: 11/14/2000)

1 CERTIFICATION PART 2 OF 3

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2 CERTIFICATION PART 3 OF 3

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CERTIFICATION of Christopher H. Mills, Esq. on behalf of AT&T, AT&T MANAGEMENT PEN Re: [71-1] motion for class certification and approval of Adea Representative Action (RG) (cf, ). (Additional attachment(s) added on 10/6/2009: # 1 CERTIFICATION PART 2 OF 3) (cf, ). (Additional attachment(s) added on 10/6/2009: # 2 CERTIFICATION PART 3 OF 3) (cf, ). (Entered: 11/14/2000)

1 CERTIFICATION PART 2 OF 3

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2 CERTIFICATION PART 3 OF 3

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CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN (RG) (in-md, ). (Entered: 11/14/2000)

Minute entry: Proceedings recorded by Ct-Reporter: Rizman; Minutes of: 1.23.01; The following actions were taken, [71-1] motion for class certification and approval of Adea Representative Action taken under advisement By Judge Nicholas H. Politan (RG) (in-md, ). (Entered: 01/30/2001)

ORDER directing pltfs' counsels to submit requested materials re: qualifications as to various resources needed to manage a class action; ( signed by Judge Nicholas H. Politan ) n/m (RG) (in-md, ). (Entered: 02/09/2001)

Case Management order/SCHEDULING ORDER setting Status conference 3:00 5/10/01; etc. ( signed by Mag. Judge Ronald J. Hedges ) n/m (RG) (in-md, ). (Entered: 04/03/2001)

LETTER-OPINION ( signed by Judge Nicholas H. Politan ) (jd) (in-md, ). (Entered: 06/11/2001)

ORDER granting [71-1] motion for class certification w/regard to the remaining claims in the Second Amended Complaint; the ninth claim for relief in the pltfs' second amended class action complaint is dismissed; pltfs shall submit, w/in 30 days of the date of this order, evidence which would tend to counter the defts' contention that none of the named pltfs will suffer a reduction in annual benefits commencing at age 65 by virtue of the Plan Amendment, etc. ( signed by Judge Nicholas H. Politan ) n/m (jd) (in-md, ). (Entered: 06/11/2001)

ORDER, extending time to file any application for relief from the order entered on June 6, 2001 an additional 10 days ( signed by Judge Nicholas H. Politan ) n/m (nr) (in-md, ). (Entered: 06/18/2001)

Notice of MOTION for reconsideration of [79-1] order by AT&T, AT&T MANAGEMENT PEN, Motion set for 7/23/01 on [81-1] motion . (Letter Brief/PO Subm) (ar) (in-md, ). (Entered: 06/27/2001)

CERTIFICATE OF SERVICE by AT&T, AT&T MANAGEMENT PEN Service Re: [81-1] motion for reconsideration of [79-1] order (ar) (in-md, ). (Entered: 06/27/2001)

Notice of MOTION for leave to file amended complt. by MANAGEMENT EMPLOYEES, proof of service. Motion set for 9/10/01 on [83-1] motion . (Brief/PO Subm) (nr) (in-md, ). (Entered: 07/10/2001)

*** UNDER SEAL - CERTIFICATION of STEPHEN BRUCE on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Re: in support of plas' proffer of evidence on ERISA 204(H) CLAIM (ar) (Entered: 07/13/2001)

AFFIDAVIT of CLAUDE POULIN on behalf of PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR (ar) (Entered: 07/13/2001)

CERTIFICATE OF SERVICE by PHILLIP C. ENGERS, WARREN J. MCFALL, DONALD G. NOERR Service Re: Letter Brief and [85-1] affidavit, [84-1] ****UNDER SEAL certification (ar) (Entered: 07/13/2001)

CERTIFICATE OF SERVICE re: defts' reply brief opposing AT&T's Motion for reconsideration served upon counsel of record via Federal Express (sr) (in-md, ). (Entered: 07/18/2001)

ORDER, for an in camera inspection be conducted on 9/5/01 (signed by Mag. Judge Ronald J. Hedges)n/m (mh) (in-md, ). (Entered: 07/19/2001)

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 07/23/01; The following actions were taken, at call for [81-1] motion for reconsideration of [79-1] order taken under advisement, purs to Rule 78 By Judge Nicholas H. Politan (sr) (in-md, ). (Entered: 07/24/2001)

CERTIFICATE OF SERVICE of defts opposition to pltfs' motion for leave to file third amended complt. served upon counsel via federal express & hand delivery (sr) (in-md, ). (Entered: 08/28/2001)

CERTIFICATION of Patricia A. Cullen, Esq. on behalf of AT&T Re: [83-1] motion for leave to file amended complt. (brief & appendix subm) (sr) (in-md, ). (Entered: 08/28/2001)

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 9/10/01; The following actions were taken, [83-1] motion for leave to file amended complt. taken under advisement. Rule 78. By Judge Nicholas H. Politan (jd) (in-md, ). (Entered: 09/13/2001)

CERTIFICATION of KENNETH C. MORGAN on behalf of AT&T, AT&T MANAGEMENT PEN (nr) (in-md, ). (Entered: 09/26/2001)

ORDER re: in camera review of dft's privileged doc., etc. ( signed by Mag. Judge Ronald J. Hedges ) n/m (ak) (in-md, ). (Entered: 10/05/2001)

TRANSCRIPT of Proceedings taken on 1/23/01 by Court Reporter Stanley B. Rizman (DS) (cf, ). (Entered: 10/05/2001)

SUPPLEMENTAL CERTIFICATION of KENNETH C. MORGAN re pro hac vice (nr) Modified on 11/02/2001 (in-md, ). (Entered: 11/02/2001)

Notice of MOTION for reconsideration of [94-1] order by AT&T, AT&T MANAGEMENT PEN, & cert. of service. Motion set for 11/30/01 on [97-1] motion . (Brief/PO Subm) (mn) (in-md, ). (Entered: 11/07/2001)