Case: Yapp v. Union Pacific RR. Co.

4:02-cv-00615 | U.S. District Court for the Eastern District of Missouri

Filed Date: April 29, 2002

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On April 29, 2002, six employees filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Missouri Human Rights Act in the United States District Court for the Eastern District of Missouri against their employer, the Union Pacific Railroad Company ("UPRR"). The plaintiffs, represented by private counsel, alleged racial discrimination and asked the court for declaratory and injunctive relief. Specifically, the plaintiffs alleged systemic racial discri…

On April 29, 2002, six employees filed a lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Missouri Human Rights Act in the United States District Court for the Eastern District of Missouri against their employer, the Union Pacific Railroad Company ("UPRR"). The plaintiffs, represented by private counsel, alleged racial discrimination and asked the court for declaratory and injunctive relief. Specifically, the plaintiffs alleged systemic racial discrimination in UPRR's employee selection, training and compensation policies, practices and procedures, including claims of disparate impact and disparate treatment.

According to the PACER docket, on August 29, 2003, the plaintiffs filed a motion for class certification and on November 15, 2004, a hearing on the plaintiffs' motion for class certification began. The plaintiffs sought to certify a class of all African-Americans, who, from July 18, 2000 to the present, were adversely impacted by one or more aspects of the UPRR's policies, practices and procedures related to selections for non-agreement job vacancies. On August 5, 2005, the court (Judge Stephen Limbaugh) denied the plaintiffs' motion for class certification, holding that plaintiffs had failed to satisfy numerosity, commonality, typicality, and adequacy of representation requirements. Yapp v. Union Pacific Ry. Co., 229 F.R.D. 608 (E.D. Mo. 2005).

According to the PACER docket, on July 24, 2006, the defendant filed a motion for summary judgment. On September 26, 2006, the court (Judge Limbaugh) referred the case to alternative dispute resolution in the form of mediation, yet the parties failed to reach a settlement. On March 29, 2007, the court (Judge Limbaugh) granted in part the defendant's motion for summary judgment, dismissing majority of the plaintiffs' claims. On November 9, 2007, the plaintiffs issued a stipulation of dismissal with prejudice, and on November 13, 2007, the court (Judge Limbaugh) dismissed the case with prejudice. No further details regarding the settlement are available.

Summary Authors

Emily Kuznick (4/14/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5478666/parties/yapp-v-union-pacific-rr-co/


Judge(s)
Attorney for Plaintiff

Calamusa, Rocco Jr. (Alabama)

Childs, Robert F. Jr. (Alabama)

Attorney for Defendant

Burke, Michael P. (Missouri)

Donnelly, Dennis C (Missouri)

Herbert, Douglas C. (District of Columbia)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

4:02-cv-00615

Docket

Yapp v. Union Pacific

March 28, 2008

March 28, 2008

Docket
33

4:02-cv-00615

Protective Order

Yapp v. Union Pacific Railroad Company

Dec. 27, 2002

Dec. 27, 2002

Order/Opinion
124

4:02-cv-00615

Class Certification Denied

Yapp v. Union Pacific Railroad Co.

Aug. 5, 2005

Aug. 5, 2005

Order/Opinion

229 F.R.D. 608

172

4:02-cv-00615

Order Referring Case to Alternative Dispute Resolution

Yapp v. Union Pacific Railroad Co.

Sept. 26, 2006

Sept. 26, 2006

Order/Opinion
179

4:02-cv-00615

Order

Yapp v. Union Pacific Railroad Co.

March 29, 2007

March 29, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5478666/yapp-v-union-pacific-rr-co/

Last updated March 24, 2026, 5:08 a.m.

ECF Number Date Description Link
1 April 29, 2002

COMPLAINT; # Waivers of Service Issued: 1 # Counts: 2 Disclosure of Corp Cert issued to: none were distributed exhibits attached: none (LJK) (Entered: 04/30/2002)

RECAP
2 April 29, 2002

RECEIPT # s2002-006272 in the amount of $ 150 for filing fee (LJK) (Entered: 04/30/2002)

RECAP
3 April 29, 2002

TRACK INFORMATION STATEMENT filed by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela . Campbell, plaintiff Cynthia Byas track 3 preferred (LJK) (Entered: 04/30/2002)

RECAP
4 April 29, 2002

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas for attorney Robert F. Childs Jr. to appear pro hac vice (LJK) (Entered: 04/30/2002)

RECAP
5 April 29, 2002

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas for attorney Deborah A. Mattison to appear pro hac vice (LJK) (Entered: 04/30/2002)

RECAP
6 April 29, 2002

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas for attorney Rocco Calamusa Jr. to appear pro hac vice (LJK) (Entered: 04/30/2002)

RECAP
7 April 29, 2002

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas for attorney Robert L. Wiggins Jr. to appear pro hac vice (LJK) (Entered: 04/30/2002)

RECAP
8 April 29, 2002

RECEIPT # s2002-006274 in the amount of $ 75.00 for phv fee Calamusa, Mattison & Childs (LJK) (Entered: 04/30/2002)

RECAP
9 April 29, 2002

RECEIPT # s2002-006273 in the amount of $ 25.00 for phv fee atty Wiggins (LJK) (Entered: 04/30/2002)

RECAP
10 April 30, 2002

LETTER from clerk to pltf's atty re: Disclosure of Corporation Interest Certficate enclosed (SET) (Entered: 04/30/2002)

RECAP
11 May 1, 2002

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for attorney Robert L. Wiggins Jr. to appear pro hac vice [7-1] LEAVE GRANTED (cc: all counsel) (ARL) (Entered: 05/02/2002)

RECAP
12 May 1, 2002

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for attorney Rocco Calamusa Jr. to appear pro hac vice [6-1] LEAVE GRANTED (cc: all counsel) (ARL) (Entered: 05/02/2002)

RECAP
13 May 1, 2002

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for attorney Deborah A. Mattison to appear pro hac vice [5-1] LEAVE GRANTED (cc: all counsel) (ARL) (Entered: 05/02/2002)

RECAP
14 May 1, 2002

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for attorney Robert F. Childs Jr. to appear pro hac vice [4-1] (cc: all counsel) (ARL) (Entered: 05/02/2002)

RECAP
15 May 17, 2002

ANSWER by defendant Union Pacific RR Co to [1-1] (KXS) (Entered: 05/20/2002)

RECAP
16 May 30, 2002

DEMAND for jury trial by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas (KXS) (Entered: 05/30/2002)

RECAP
17 May 30, 2002

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas for leave to file amended complaint (KXS) (Entered: 05/30/2002)

RECAP
18 June 4, 2002

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for leave to file amended complaint [17-1] (cc: all counsel) (LAH) (Entered: 06/04/2002)

RECAP
19 June 4, 2002

FIRST AMENDED COMPLAINT by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas # Counts: 2 [1-1]; jury demand (LAH) (Entered: 06/04/2002)

RECAP
20 June 17, 2002

ANSWER TO FIRST AMENDED COMPLAINT by defendant Union Pacific RR Co to [19-1] (ARL) (Entered: 06/18/2002)

RECAP
21 July 1, 2002

WAIVER OF SERVICE executed upon defendant Union Pacific RR Co (service waived by and through counsel for Union Pacific) (KXS) (Entered: 07/02/2002)

RECAP
22 July 1, 2002

MOTION by defendant Union Pacific RR Co for attorney Douglas Herbert to appear pro hac vice (KXS) (Entered: 07/02/2002)

RECAP
23 July 1, 2002

RECEIPT # S2002-007974 in the amount of $ 25.00 for admission pro hac vice (KXS) (Entered: 07/02/2002)

RECAP
24 July 2, 2002

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for attorney Douglas Herbert to appear pro hac vice [22-1] (cc: all counsel) (LAH) (Entered: 07/02/2002)

RECAP
25 July 24, 2002

RULE 16 ORDER by Honorable Stephen N. Limbaugh ; complex(3) track, ; Rule 16 Conference 8/27/02 ; joint scheduling plan ddl 8/20/02 (cc: all counsel) (LAH) (Entered: 07/24/2002)

RECAP
26 Aug. 23, 2002

JOINT PROPOSED SCHEDULING PLAN by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas, defendant Union Pacific RR Co (DJO) (Entered: 09/04/2002)

RECAP
27 Sept. 4, 2002

SUPPLEMENTAL BRIEF filed by defendant Union Pacific RR Co re scheduling plan [26-1] (DJO) (Entered: 09/04/2002)

RECAP
28 Sept. 4, 2002

PROPOSED scheduling plan submitted by defendant Union Pacific RR Co (DJO) (Entered: 09/04/2002)

RECAP
29 Sept. 4, 2002

MEMORANDUM by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas in support of ptlffs' position regarding mertis discovery of the nameed pltffs/class representatives' claims during Phase 1 (DJO) (Entered: 09/12/2002)

RECAP
30 Sept. 20, 2002

CASE MANAGEMENT ORDER by Honorable Stephen N. Limbaugh ; complex(3) track, ; motion to add party ddl 12/15/02 ; Disc completion ddl 5/6/03; Pltffs shall file a motion to certify a class no later than June 27, 2003. The deft's response shall be filed by July 28, 2003 and the pltffs' reply shall be filed by August 28, 2003. Phase II Discovery - In the event that the Court certifies a class, the parties will submit a Joint Proposed Scheduling Plan for Phase II Discovery to the Court within 30 days after the Court's order certifying a class. This Schedluing Plan will establish a schedule for discovery of information relevant to the mertis of the class issues that have been certified by the Court. The parties will advise the Court about referral of this action to mediation within 45 days after the Court rules on the Phase I issues. Notice of dispositive motions may be filed at may be filed at any time as to the issues in Phase I except a motion package must be filed no later than Aug. 28, 2003. The Court will set a conference with counsel for the parties within 30 days of its ruling on class certification, or such later date as the Court may determine, for the pupose of establishing a schedule for the resolution of all issues that remain. A Joint Proposed Scheduling Plan will be submitted to the Court five days prior to the conference. (cc: all counsel) (LAH) (Entered: 09/20/2002)

RECAP
31 Dec. 24, 2002

MOTION by plaintiff Karen Yapp, plaintiff Rodney C. Grady, plaintiff Mollie Jones, plaintiff Erma Jean Wright, plaintiff Angela Campbell, plaintiff Cynthia Byas, Union Pacific RR Co for protective order with proposed Protective Order attached (DJO) (Entered: 12/26/2002)

RECAP
32 Dec. 27, 2002

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion for protective order [31-1] (cc: all counsel) (CMA) (Entered: 12/27/2002)

RECAP
33 Dec. 27, 2002

PROTECTIVE ORDER by Honorable Stephen N. Limbaugh: re [31-1] (Documents Marked Confidential Shall Be Filed Under Seal) (See Order For Details) (cc: all counsel) (CMA) (Entered: 12/27/2002)

RECAP
34 Jan. 21, 2003

MOTION by plaintiffs to extend time to allow pltffs until May 15, 2003, within which to file their pltffs' expert reports. Pltffs' would also move that, with the exception of the discovery deadline, that this Court extend the remaining deadlines an additional 90 days so as to preserve the scheduling format previously ordered by this Court. Pltffs request that this Court extend discovery regarding Phase I until Nov. 15, 2003 (LAH) (Entered: 01/21/2003)

RECAP
35 Jan. 28, 2003

RESPONSE by defendant Union Pacific RR Co to motion to extend time to allow pltffs until May 15, 2003, within which to file their pltffs' expert reports. Pltffs' would also move that, with the exception of the discovery deadline, that this Court extend the remaining deadlines an additional 90 days so as to preserve the scheduling format previously ordered by this Court. Pltffs request that this Court extend discovery regarding Phase I until Nov. 15, 2003 [34-1] with Exhibits A - G attached. (filed in expansion folder) (MCB) (Entered: 01/29/2003)

RECAP
36 Jan. 31, 2003

MEMORANDUM of filing corrected certificate of service by defendant Union Pacific RR Co re: motion response [35-1] (BAK) (Entered: 02/04/2003)

RECAP
37 Feb. 4, 2003

REPLY by plaintiffs to response to motion to extend time to allow pltffs until May 15, 2003, within which to file their pltffs' expert reports. Pltffs' would also move that, with the exception of the discovery deadline, that this Court extend the remaining deadlines an additional 90 days so as to preserve the scheduling format previously ordered by this Court. Pltffs request that this Court extend discovery regarding Phase I until Nov. 15, 2003 [34-1] (LAH) (Entered: 02/05/2003)

RECAP
38 Feb. 6, 2003

CASE MANAGEMENT ORDER by Honorable Stephen N. Limbaugh ; granting motion to extend time to allow pltffs until May 15, 2003, within which to file their pltffs' expert Pltffs' would also move that, with the exception of the discovery deadline, that this Court extend the remaining deadlines an additional 90 days so as to preserve the scheduling format previously ordered by this Court. Pltffs request that this Court extend discovery regarding Phase I until Nov. 15, 2003 [34-1] ; Disc completion ddl in Phase I except for expert witnesses 7/16/03 Motion Package ddl set for 10/28/03 ; non-disp motion ddl 07/16/03 ; disp motion ddl 10/28/03 ; Resp to court regarding class certification ddl 10/24/03 (cc: all counsel) (DJO) (Entered: 02/06/2003)

RECAP
39 Aug. 22, 2003

MOTION by plaintiff Cynthia Byas, plaintiff Angela Campbell, plaintiff Erma Jean Wright, plaintiff Mollie Jones, plaintiff Rodney C. Grady, plaintiff Karen Yapp to extend initial deadline for class certification up to and including 8/29/03 (DJO) (Entered: 08/28/2003)

RECAP
40 Aug. 27, 2003

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion to extend initial deadline for class certification up to and including 8/29/03 [39-1] (cc: all counsel) (DJO) (Entered: 08/28/2003)

RECAP
41 Aug. 29, 2003

MOTION by plaintiff Cynthia Byas, plaintiff Angela Campbell, plaintiff Erma Jean Wright, plaintiff Mollie Jones, plaintiff Rodney C. Grady, plaintiff Karen Yapp to certify class action w/ memo in support; exhibits A-N (filed in expandable folder) (ARL) (Entered: 08/29/2003)

RECAP
42 Aug. 29, 2003

MOTION by plaintiff for attorney Herman Nathaniel Johnson, Jr. to appear pro hac vice (DJO) (Entered: 09/02/2003)

RECAP
43 Aug. 29, 2003

RECEIPT # S2003-010635 in the amount of $ 25.00 for admission pro hac vice for atty Herman Nathaniel Johnson, Jr. (DJO) (Entered: 09/02/2003)

RECAP
44 Sept. 3, 2003

RULED DOCUMENT by Honorable Rodney W. Sippel granting motion for attorney Herman Nathaniel Johnson, Jr. to appear pro hac vice [42-1] (cc: all counsel) (CMA) (Entered: 09/03/2003)

RECAP
45 Sept. 15, 2003

MOTION by plaintiff Cynthia Byas, plaintiff Angela Campbell, plaintiff Erma Jean Wright, plaintiff Mollie Jones, plaintiff Rodney C. Grady, plaintiff Karen Yapp to strike defendant's experts Michael P. Ward and Nathan D. Woods with memorandum of law in support (FILED IN EXPANSION FOLDER) (DJO) (Entered: 09/17/2003)

RECAP
46 Sept. 24, 2003

Unopposed MOTION by defendant Union Pacific RR Co to extend Time to File Response in Opposition to Pltfs' Motion for Class Certification Up to and Including 10/6/03, and to extend Time to File Response in Opposition to Pltfs' Motion to Strike Deft's Experts Michael P. Ward and Nathan D. Woods Up to and Including 10/6/03 (CMA) (Entered: 09/25/2003)

RECAP
47 Sept. 25, 2003

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion to extend Time to File Response in Opposition to Pltfs' Motion for Class Certification Up to and Including 10/6/03 [46-1], granting motion to extend Time to File Response in Opposition to Pltfs' Motion to Strike Deft's Experts Michael P. Ward and Nathan D. Woods Up to and Including 10/6/03 [46-2] (cc: all counsel) (LAH) (Entered: 09/26/2003)

RECAP
48 Oct. 6, 2003

MOTION by defendant Union Pacific RR Co to extend time to file response to Motion for Class Certification and Motion to Strike, for leave to file in excess of page limitation (ARL) (Entered: 10/07/2003)

RECAP
51 Oct. 7, 2003

RESPONSE by defendant Union Pacific RR Co in opposition to motion to strike defendant's experts Michael P. Ward and Nathan D. Woods [45-1] (ARL) (Entered: 10/09/2003)

RECAP
49 Oct. 8, 2003

RULED DOCUMENT by Honorable Stephen N. Limbaugh granting motion to extend time to file response to Motion for Class Certification and Motion to Strike [48-1], granting motion for leave to file in excess of page limitation [48-2] LEAVE TO FILE GRANTED (cc: all counsel) (ARL) (Entered: 10/09/2003)

RECAP
50 Oct. 8, 2003

MEMORANDUM by defendant Union Pacific RR Co in opposition to motion to certify class action [41-1 w/ Exhibits: Vol. I (1-25), Vol. II (26-34) (Filed in expandable folder) (ARL) (Entered: 10/09/2003)

RECAP
52 Oct. 23, 2003

MOTION to Strike A Portion of an Affidavit by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 10/23/2003)

RECAP
53 Nov. 6, 2003

REPLY to Response to Motion re 41 Motion to Certify Class filed by Plaintiffs Cynthia Byas, Angela Campbell, Rodney C. Grady, Mollie Jones, Erma Jean Wright, Karen Yapp. (Attachments: # 1)(Sedey, Mary Anne) (Entered: 11/06/2003)

RECAP
54 Nov. 12, 2003

MOTION for Extension of Time to File Response/Reply as to 51 Response/Memorandum in Opposition to Motion by Plaintiffs Cynthia Byas, Angela Campbell, Rodney C. Grady, Mollie Jones, Erma Jean Wright, Karen Yapp. (Sedey, Mary Anne) (Entered: 11/12/2003)

RECAP
55 Nov. 14, 2003

MOTION for Leave to File Surreply by Defendant Union Pacific Railroad Company. (Attachments: # 1 # 2 # 3)(Donnelly, Dennis) (Entered: 11/14/2003)

RECAP
56 Nov. 17, 2003

REPLY to Response to Motion re 45 Motion to Strike Defendant's Experts filed by Plaintiffs Cynthia Byas, Angela Campbell, Rodney C. Grady, Mollie Jones, Erma Jean Wright, Karen Yapp. (Attachments: # 1 # 2)(Sedey, Mary Anne) (Entered: 11/17/2003)

RECAP
57 Dec. 5, 2003

Letter from SNL Re:Motion to Strike/ Possible hearing setting/ Please advise (ARL, ) (Entered: 12/08/2003)

RECAP
58 Feb. 4, 2004

MEMORANDUM AND ORDER; IT IS HEREBY ORDERED that plaintiff's Motion to Strike Defendant's Experts 45 be and is GRANTED; The report and testimony of Defendant's experts Dr. Michael P. Ward and Mr. Nathan D. Woods are not admissible under Fed.R.Evid. 702; Signed by Judge Stephen N. Limbaugh on 02/04/2004. (DJO) (Entered: 02/04/2004)

RECAP
59 Feb. 6, 2004

MOTION for Hearing (Evidentiary) by Defendant Union Pacific Railroad Company. (Burke, Michael) (Entered: 02/06/2004)

RECAP
60 Feb. 6, 2004

Letter from Stephen N. Limbaugh to counsel Re: status of case (DJO) (Entered: 02/06/2004)

RECAP
61 Feb. 19, 2004

MOTION for Reconsideration Or, In The Alternative, For Leave To File A Revised Expert Report by Defendant Union Pacific Railroad Company. (Burke, Michael) (Entered: 02/19/2004)

RECAP
62 Feb. 19, 2004

MEMORANDUM in Support of Motion re 61 MOTION for Reconsideration Or, In The Alternative, For Leave To File A Revised Expert Report filed by Defendant Union Pacific Railroad Company. (Attachments: # 1 Appendix)(Burke, Michael) (Entered: 02/19/2004)

RECAP
63 March 10, 2004

ORDER - IT IS HEREBY ORDERED that a hearing on plaintiff's request for class-certification is set for July 12, 2004 at 1:30 p.m. in Courtroom 3. A pretrial order will be issued no later than May 1, 2004. IT IS FURTHER ORDERED that plaintiff may have until March 17, 2004 to respond to defendant's motion for reconsideration of this Court's February 4, 2004 order. Defendant may reply within the time limits prescribed by rule. Signed by Judge Stephen N. Limbaugh on 3/10/04. (LAH, ) (Entered: 03/10/2004)

RECAP
64 March 17, 2004

MEMORANDUM in Opposition re 61 MOTION for Reconsideration Or, In The Alternative, For Leave To File A Revised Expert Report filed by Plaintiffs Cynthia Byas, Angela Campbell, Rodney C. Grady, Mollie Jones, Erma Jean Wright, Karen Yapp. (Attachments: # 1 # 2)(Waller, Alicia) (Entered: 03/17/2004)

RECAP
65 March 26, 2004

ORDER - IT IS HEREBY ORDERED that Defendnat's Motion for Reconsideration or, in the Alternative, for Leave to File a Revised Expert Report be and hereby is DENIED. 61 Motion for Reconsideration filed by Union Pacific Railroad Company. Signed by Judge Stephen N. Limbaugh on 3/26/04. (ARL) (Entered: 03/26/2004)

RECAP
66 March 31, 2004

ORDER: For good cause shown, the Deft Union Pacific Railroad Company is hereby granted leave to file, for further consideration by the Court, its Reply Memorandum in Support of Deft's Motion for Reconsideration or, in the Alternative, For Leave to File a Revised Expert Report; Signed by Judge Stephen N. Limbaugh on 3/31/04(CMA) (Entered: 04/01/2004)

RECAP
67 April 1, 2004

MEMORANDUM Reply Memorandum in Support of Defendant's Motion for Reconsideration Or, In the Alternative, For Leave to File A Revised Expert Report by Defendant Union Pacific Railroad Company. (Burke, Michael) (Entered: 04/01/2004)

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68 April 2, 2004

ORDER; IT IS HEREBY ORDERED that this Court's Order 65 filed herein on March 26, 2004, denying Defendant's Motion for Reconsideration be and hereby is VACATED; IT IS FINALLY ORDERED that Defendant's Motion for Reconsideration or, in the Alternative, for Leave to File a Revised Expert Report 61 be and hereby is DENIED; Signed by Judge Stephen N. Limbaugh on 04/02/2004. (DJO) (Entered: 04/05/2004)

RECAP
69 May 14, 2004

ORDER: IT IS HEREBY ORDERED that the hearing date of 7/12/04 is WITHDRAWN and hearing on Pltfs' request for class certification is RESET for 11/15/04 at 9:00 a.m.; IT IS FURTHER ORDERED that on or before 10/1/04 the parties will deliver to opposing counsel, and the Clerk, a list of all proposed witnesses and a list of all exhibits to be offered in evidence; Pltfs shall use arabic numerals, and Defts shall use letters; At the same time, the parties shall deliver to opposing counsel, and the Clerk, a list of all interrogatory answers and depositions or parts thereof specified by page and line numbers and answers to requests for admissions, proposed to be offered in evidence; No party will be permitted to call any witness or offer exhibits, depositions, interrogatory answers and admissions if they have not complied w/ this order; In addition, at the said date, the parties shall submit to the Court and opposing counsel specific findings of fact and conclusions of law, together w/ a trial brief in support of the parties' legal theories; Any motions in limine to exclude evidence shall be filed no later than 11/10/04; In Court Hearing set for 11/15/2004 09:00 AM in Courtroom 3 before Honorable Stephen N. Limbaugh; Motion in Limine due by 11/10/2004; Pretrial Compliance due by 10/1/2004; Signed by Judge Stephen N. Limbaugh on 5/14/04(CMA) (Entered: 05/14/2004)

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May 14, 2004

ORDER RECEIPT: (see receipt) Fri May 14 13:12:55 CDT 2004 (CMA, )

70 Sept. 17, 2004

Joint MOTION for Extension of Time to File Pre-Hearing Submittals ;Proposed extension date November 1, 2004 by Defendant Union Pacific Railroad Company. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Donnelly, Dennis) (Entered: 09/17/2004)

RECAP
71 Sept. 22, 2004

ORDER re 70 Joint MOTION for Extension of Time to File Pre-Hearing Submittals;Proposed extension date November 1, 2004 filed by Union Pacific Railroad Company. IT IS HEREBY ORDERED, that the parties Joint Motion to Extend Deadlines for Prehearing Submittals and Post Hearing Briefing is GRANTED. Post Trial Brief due by 1/21/2005.Signed by Judge Stephen N. Limbaugh on 9/22/04. (ARL) (Entered: 09/22/2004)

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73 Sept. 22, 2004

ORDER 71 IT IS HEREBY ORDERED that the order entered by the Court this date entitled Joint Motion to Extend the Deadlines for Prehearing Submittals and Post Hearing Briefing is WITHDRAWN. IT IS FURTHER ORDERED that, following a prescheduled conference on 9/23/04 at 5:00 p.m., another order will be entered concerning the referenced motion by the parties. Signed by Judge Stephen N. Limbaugh on 9/22/04. (ARL) (Entered: 09/23/2004)

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72 Sept. 23, 2004

MEMORANDUM re 71 Order, to the Court by Defendant Union Pacific Railroad Company. (Attachments: # 1 Exhibit A)(Donnelly, Dennis) (Entered: 09/23/2004)

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74 Sept. 24, 2004

ORDER - IT IS HEREBY ORDERED that the parties' joint motion to extend the deadlines for pre-hearing submissions and post-hearing briefing is GRANTED. IT IS FURTHER ORDERED that the deadline for the parties to make their initial pre-hearing submissions in connection with the hearing on plaintiffs' motion for class certification, including the parties' respective lists of all proposed witnesses and all exhibits to be offered into evidence and their lists of all interrogatory answers and depositions, or parts thereof, specified by page and line numbers, and answers to requests for admissions proposed to be offered into evidence, as more fully set out in this Court's order of May 14, 2004 and such other memoranda or points of law as the parties desire and the Court may allow, is hereby extended to November 1, 2004. IT IS FURTHER ORDERED that the parties shall have until January 21, 2005 to file any findings of fact and conclusions of law and a post-trial brief in support of parties' legal theories.. Signed by Judge Stephen N. Limbaugh on 9/24/04. (LAH, ) (Entered: 09/24/2004)

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75 Sept. 30, 2004

ORDER; IT IS THEREFORE ORDERED as follows: Plaintiffs' motion to strike a portion of the affidavit of John Hickey, as requested in 52 is GRANTED; Plaintiffs' Motion for Extension of Time to file reply in support of motion to strike defendants' experts 54 is MOOT; Defendants' Motion for Leave to file surreply brief 55 is MOOT; Defendants' Motion for Evidentiary Hearing 59 is GRANTED and the hearing is set for November 15, 2004; Signed by Judge Stephen N. Limbaugh on 09/30/2004; (DJO) (Entered: 10/01/2004)

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76 Nov. 1, 2004

Exhibit List for Class Certification Hearing by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp.. (Johnson, Herman) (Entered: 11/01/2004)

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77 Nov. 1, 2004

Deposition List by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Johnson, Herman) (Entered: 11/01/2004)

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78 Nov. 1, 2004

Witness List by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Johnson, Herman) (Entered: 11/01/2004)

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79 Nov. 1, 2004

TRIAL BRIEF by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 11/01/2004)

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80 Nov. 1, 2004

Exhibit List by Defendant Union Pacific Railroad Company.. (Donnelly, Dennis) (Entered: 11/01/2004)

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81 Nov. 1, 2004

Witness List by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 11/01/2004)

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82 Nov. 1, 2004

Deposition List by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 11/01/2004)

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83 Nov. 1, 2004

MOTION for Leave to File A Trial Brief In Connection With The Court's Hearing On Class Certification by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 11/01/2004)

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Nov. 2, 2004

Docket Text ORDER re 83 MOTION for Leave to File A Trial Brief In Connection With The Court's Hearing On Class Certification filed by Union Pacific Railroad Company; ORDERED GRANTED - ANY PARTY MAY FILE A TRIAL BRIEF AS TO CLASS CERTIFICATION SET FOR HEARING 11/15/04 Signed by Judge Stephen N. Limbaugh on 11/2/04. (LAH, )

84 Nov. 5, 2004

Exhibit List for Class Cert. Hrg., Revised by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp.. (Johnson, Herman) (Entered: 11/05/2004)

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85 Nov. 5, 2004

Witness List by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Johnson, Herman) (Entered: 11/05/2004)

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86 Nov. 5, 2004

Deposition List by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Johnson, Herman) (Entered: 11/05/2004)

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87 Nov. 8, 2004

Exhibit List Revised by Defendant Union Pacific Railroad Company.. (Donnelly, Dennis) (Entered: 11/08/2004)

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88 Nov. 8, 2004

Witness List by Defendant Union Pacific Railroad Company. (Donnelly, Dennis) (Entered: 11/08/2004)

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89 Nov. 10, 2004

MOTION in Limine to Exclude Merits Testimony at Class Certification Hearing by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Attachments: # 1 Exhibit 1: List of Defendant's Merits Exhibits)(Johnson, Herman) (Entered: 11/10/2004)

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90 Nov. 10, 2004

MOTION in Limine to Exclude Nathan Woods as a Witness for Defendant by Plaintiffs Cynthia Byas, Rodney C. Grady, Mollie Jones, Karen Yapp. (Attachments: # 1 Exhibit 7/12/2004 Donnelly Letter to Childs# 2 Exhibit 10/20/2004 Herbert Letter to Childs & Johnson# 3 Exhibit Nathan Woods Dep., 11/5/2004)(Johnson, Herman) (Entered: 11/10/2004)

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91 Nov. 14, 2004

Deposition List by Defendant Union Pacific Railroad Company. (Burke, Michael) (Entered: 11/14/2004)

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92 Nov. 14, 2004

Exhibit List Response to Plaintiffs' Revised List of Exhibits for Class Certification Hearing by Defendant Union Pacific Railroad Company.. (Burke, Michael) (Entered: 11/14/2004)

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93 Nov. 14, 2004

OBJECTION to Pretrial Objections and Counter-Designations to Plaintiffs' Deposition Designations by Defendant Union Pacific Railroad Company. (Burke, Michael) (Entered: 11/14/2004)

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94 Nov. 15, 2004

DEFT'S MEMORANDUM in Opposition TO DOC.# 89 PLTF'S MOTION in Limine to preclude consideration of evidence pertinent under Rule 23 filed by Defendant Union Pacific Railroad Company. (BDC, ) (Entered: 11/15/2004)

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95 Nov. 15, 2004

DEFT'S MEMORANDUM in Opposition TO DOC.# 90 - PLTF'S MOTION in Limine to Exclude Nathan Woods as a Witness for Defendant filed by Defendant Union Pacific Railroad Company. (BDC, ) (Entered: 11/15/2004)

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96 Nov. 15, 2004

PLTF'S SECOND REVISED LIST OF EXHIBITS for class certification hearing filed by Plaintiffs Karen Yapp, et al.(BDC, ) (Entered: 11/15/2004)

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97 Nov. 15, 2004

PLTF'S LIST OF DEFT'S DEPOSITION DESIGNATION OBJECTED TO. Filed by Plaintiff's Karen Yapp, et al.(BDC, ) (Entered: 11/15/2004)

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98 Nov. 15, 2004

PLTF'S LIST OF DEFT'S DEPOSITION DESIGNATIONS NOT OBJECTED TO. Filed by Plaintiffs Karen Yapp, et al.(BDC, ) (Entered: 11/15/2004)

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Case Details

State / Territory:

Missouri

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 29, 2002

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-Americans, who, from July 18, 2000, to the present were adversely impacted by one or more aspects of the UPRR’s policies, practices and procedures related to selections for non-agreement job vacancies

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Private Entity/Person

Union Pacific Railroad Co.

Defendant Type(s):

Transportation

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Eastern District of Missouri 4:02-cv-00615

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Disparate Treatment

Pay / Benefits

Training

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Affected Sex/Gender(s):

Female

Male

Recommended Citation