Case: Massey v. Zema Systems Corp.

COMPLAINT; jury demand − Civil cover sheet − Appearance(s) of Mark R. McKenna, Christopher T. Hurley as attorney(s) for plaintiffs with Rule 39 affidavit (one summons(es) issued.) ( Documents: 1−1 through 1−4) (fce) Modified on 06/15/1995 (Entered: 06/15/1995)

CONTINGENCY FEE AGREEMENT (Not in public case file). (fce) (Entered: 06/15/1995)

RECEIPT regarding payment of filing fee paid; on 6/14/95 in the amount of $ 120.00, receipt # 456452. (fce) (Entered: 06/15/1995)

RULE 39 letter mailed to Mark R. McKenna (fce) (Entered: 06/15/1995)

RETURN OF SERVICE executed upon defendant Zema Syst Corp on 6/15/95 (fce) (Entered: 06/21/1995)

RULE 39 Affidavit of Mark R. McKenna (rmm) (Entered: 06/29/1995)

CONTINGENCY FEE AGREEMENT (Not in public case file) (rmm) (Entered: 06/29/1995)

ATTORNEY APPEARANCE for defendants by Roger J. Guerin, Alan S. Madans (rmm) (Entered: 07/06/1995)

RULE 39 Affidavit of Roger J. Guerin (rmm) (Entered: 07/06/1995)

RULE 39 Affidavit of Alan S. Madans (rmm) (Entered: 07/06/1995)

ANSWER to class−action complaint by defendant; Notice of filing (rmm) (Entered: 07/10/1995)

EMERGENCY MOTION by plaintiffs for a protective order (Exhibits); Notice of emergency motion; Notice of filing (rmm) (Entered: 08/09/1995)

REFERRAL ORDER of 08/09/95: Referring to Hon. Ronald A. Guzman from Hon. Ann C. Williams pursuant to local general rule 2.41(b) to perform such additional duties as are not inconsistent with the Constitution and laws of the United States as specifically set forth: Conduct hearing on plaintiff's emergency motion for protective order [10−1]. (For further detail see order). Mailed notice (rmm) (Entered: 08/14/1995)

RESPONSE by defendant Zema Syst Corp to plaintiffs' emergency motion for protective order [10−1]; Notice of filing. (rmm) (Entered: 08/14/1995)

MEMORANDUM of law by defendant Zema Syst Corp in opposition to plaintiffs' motion for a protective order [10−1] (rmm) (Entered: 08/14/1995)

AFFIDAVIT of William F. Gardner, JR. in opposition to plaintiffs' motion for a protective order [10−1] (Exhibits) (rmm) (Entered: 08/14/1995)

AFFIDAVIT of J. Christopher Reyes in oppositioin to plaintiffs' motion for a protective order [10−1] (Exhibits) (rmm) (Entered: 08/14/1995)

AFFIDAVIT of Sam Bryant in opposition to plaintiffs' motion for a protective order [10−1] (Exhibits) (rmm) (Entered: 08/14/1995)

SCHEDULE set on 8/14/95 by Hon. Ronald A. Guzman : Status hearing before Magistrate Judge Guzman set for 8/17/95 at 2:00 p.m. in courtroom 1838. Telephoned notice (fce) (Entered: 08/14/1995)

MOTION by defendant Zema Syst Corp to file instanter additional appearance of Christopher G. Walsh, Jr. ; Notice of motion. (rmm) Modified on 08/21/1995 (Entered: 08/21/1995)

MINUTE ORDER of 8/17/95 by Hon. Ronald A. Guzman : Case called for status. Hearing held on plaintiffs' emergency motion for a protective order [10−1] and continued to 9:00 a.m. 8/18/95. Defendants' motion for leave to file additional appearance instanter [18−1] is granted. Christopher G. Walsh, Jr. granted leave to file his appearance on behalf of defendants Zema Systems corp. and Coors Distributing of Illinois. No notice (rmm) (Entered: 08/21/1995)

ATTORNEY APPEARANCE for defendants by Christopher G. Walsh Jr. (rmm) (Entered: 08/21/1995)

RULE 39 Affidavit of Christopher G. Walsh Jr. (rmm) (Entered: 08/21/1995)

AGREED ORDER regarding motion for a protective order [10−1] (Exhibit) (rmm) (Entered: 08/24/1995)

MINUTE ORDER of 8/23/95 by Hon. Ronald A. Guzman : Enter agreed order regarding plaintiffs' emergency motion for a protective order [10−1]. The order is approved with the following amendment: Exhibit A is amended to remove the signature line for the Magistrate Judge and instead simply retain a statement at the bottom of the letter "Approved by Magistrate Judge Ronald A. Guzan, United States District Court, Norther District of Illinois." Mailed notice (rmm) (Entered: 08/24/1995)

MOTION by plaintiff for class−action certification pursuant to F.R.C.P. Rule 23 ; Notice of filing. (rmm) (Entered: 09/05/1995)

SCHEDULE set on 9/13/95 by Hon. Ann C. Williams : Status hearing set to 9:00 9/22/95 . Mailed notice (dl) (Entered: 09/13/1995)

MINUTE ORDER of 9/22/95 by Hon. Ann C. Williams : Plaintiff's motion for class−action certification pursuant to F.R.C.P. Rule 23 [24−1] is stricken with leave to refile after preliminary discovery relative to class certification has been completed. Discovery schedule to be set on 10/13/95. Status hearing held. Pretrial conference set for 10/13/95 at 2:00 pm. Mailed notice (ar) (Entered: 09/27/1995)

SCHEDULE set on 10/30/95 by Hon. Ann C. Williams : Pretrial conference held and continued to 11:30 12/1/95 No notice (dl) (Entered: 10/31/1995)

SCHEDULE set on 12/1/95 by Hon. Ann C. Williams : Pretrial conference held and continued to 9:00 12/19/95 by telephone. No notice (dl) (Entered: 12/04/1995)

MOTION by defendant Zema Syst Corp for entry of protective order ; Notice of motion (ar) (Entered: 12/12/1995)

PROTECTIVE ORDER (ar) (Entered: 12/12/1995)

MINUTE ORDER of 12/8/95 by Hon. Ann C. Williams : Granting defendant's motion for entry of protective order [26−1]. Enter protective order. Mailed notice (ar) (Entered: 12/12/1995)

SCHEDULE set on 12/19/95 by Hon. Ann C. Williams : Pretrial conference held and continued to 9:00 2/5/96 by telephone. No notice (dl) (Entered: 12/19/1995)

MINUTE ORDER of 1/18/96 by Hon. Ronald A. Guzman : All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Terminating case referral . Mailed notice (ar) (Entered: 01/23/1996)

SCHEDULE set on 2/5/96 by Hon. Ann C. Williams : Pretrial conference held; continued to 9:30 3/11/96 by telephone. Mailed notice (smm) (Entered: 02/07/1996)

RESPONSE by defendant Zema Syst Corp to motion to compel (Exhibits); Notice of filing (ar) (Entered: 03/11/1996)

MOTION by defendant Zema Syst Corp for enforcement of protective order and for sanctions for its violation (Exhibits); Notice of motion (ar) (Entered: 03/12/1996)

MOTION by plaintiffs to compel production of documents (Exhibits); Notice of motion (ar) (Entered: 03/12/1996)

MINUTE ORDER of 3/11/96 by Hon. Ann C. Williams : Defendant's motion for enforcement of protective order [31−1] and for sanctions for its violation [31−2] is denied. Counsel for plaintiffs is directed to inform the two named plaintiffs and anybody else indentifiable about the protective order in this action by letter forthwith. Plaintiff's motion to compel production of documents [32−1] is granted in part and denied in part. Defendant is directed to provide financial information any data for individuals indentified as class members back to 1990. Any additional matters regarding production to be discussed in open court at the status hearing on 04/10/96. Mailed notice (ar) Modified on 03/13/1996 (Entered: 03/12/1996)

SCHEDULE set on 3/11/96 by Hon. Ann C. Williams : Status hearing set to 9:30 4/10/96 . Pretrial conference held. No notice (dl) (Entered: 03/11/1996)

SCHEDULE set on 4/10/96 by Hon. Ann C. Williams : Status hearing held. Pretrial conference set to 9:15 5/23/96 by telepohone. No notice (dl) (Entered: 04/10/1996)

MOTION by plaintiffs to consolidate discovery ; Notice of motion (ar) (Entered: 05/29/1996)

MINUTE ORDER of 5/22/96 by Hon. Ann C. Williams : Pretrial conference set for 05/23/96 is stricken. Pretrial conference reset for 9:30 am on 5/28/96 . Plaintiffs' motion to consolidate discovery [34−1] is entered and continued to 9:30 am on 5/28/96. No notice (ar) (Entered: 05/29/1996)

MINUTE ORDER of 5/28/96 by Hon. Ann C. Williams : Pretrial conference held and continued to 9:00 am on 7/23/96 . Plaintiffs' motion to consolidate discovery [34−1] is denied. However, counsel should coordinate discovery of common witnesses. Mailed notice (ar) (Entered: 05/31/1996)

MOTION by plaintiffs to modify protective order ; Notice of motion. (Temporarily unavailable for docketing.) (ar) (Entered: 09/06/1996)

MINUTE ORDER of 9/4/96 by Hon. Ann C. Williams : Plaintiffs' motion to modify protective order [37−1] is entered and continued to 9:00 am on 9/11/96. Telephonic pretrial conference shall be held in open court at 9:00 am on 9/11/96. Telephoned notice (ar) (Entered: 09/06/1996)

MINUTE ORDER of 9/11/96 by Hon. Ann C. Williams : Pretrial conference held; continued to 10/02/96 at 9:00 am. Plaintiffs motion to modify protective order [37−1] is granted in part and denied in part for the reasons and under the conditions stated in open court. Next date to be held by telephone. No notice (fce) (Entered: 09/16/1996)

SCHEDULE set on 10/2/96 by Hon. Ann C. Williams : Pretrial conference reset to 11:30 a.m. 10/16/96 by telephone. Mailed notice (dl) (Entered: 10/02/1996)

SCHEDULE set on 10/16/96 by Hon. Ann C. Williams : Pretrial conference held and continued to 9:15 a.m. 11/14/96 by telephone. No notice (dl) (Entered: 10/18/1996)

SCHEDULE set on 11/13/96 by Hon. Ann C. Williams : Pretrial conference reset to 10:30 a.m. 11/26/96 by telephone. Telephoned notice (dl) (Entered: 11/13/1996)

MINUTE ORDER of 11/26/96 by Hon. Ann C. Williams : Pretrial conference held and continued to 9:00 am on 1/14/97. Next date to be held by telephone. Defendant is given leave to file its motion for summary judgment on 3/24/97. Response and reply to be filed on 03/24/97. Defendant to serve plaintiff with said motion to 12/30/96. Plaintiff to serve defendant with its response on 02/24/97. Mailed notice (ar) (Entered: 12/06/1996)

AGREED MOTION by Zema Syst Corp for extension of time for the filing of its motions for summary judgment ; Notice of motion. (Temporarily unavailable for docketing.) (ar) (Entered: 01/15/1997)

MINUTE ORDER of 1/8/97 by Hon. Ann C. Williams : Defendant Zema Systems Corporation's agreed motion for extension of time [41−1] is granted. Date for filing defendants' motions for summary judgment is extended to 3/31/97. Date for filing response and reply is extended to 03/31/97. Date for defendants to serve plaintiffs with its motions for summary judgment is extended to 01/22/97. Date for plaintiffs to serve defendants with its response is extended to 03/03/97. Next date to be set with the court's ruling by mail. Mailed notice (ar) (Entered: 01/15/1997)

SCHEDULE set on 1/8/97 by Hon. Ann C. Williams : Pretrial conference set for 1/14/97 is stricken. No notice (dl) (Entered: 01/13/1997)

MOTION by plaintiffs for leave to file instanter their first amended complaint pursuant to Fed.R.Civ.P. 15(a) ; Notice of motion (fce) (Entered: 03/07/1997)

MOTION by Zema Syst Corp to reset briefing schedule ; Notice of motion (ar) (Entered: 03/28/1997)

MINUTE ORDER of 3/5/97 by Hon. Ann C. Williams : Denying plaintiffs' motion for leave to file instanter their first amended complaint pursuant to Fed.R.Civ.P. 15(a) [43−1] in its entirety without prejudice. Mailed notice (See reverse of minute order.) (fce) Modified on 03/07/1997 (Entered: 03/07/1997)

MOTION by plaintiff to compel documents and extend time to respond to motin for summary judgment (Exhibits); Notice of motion (fce) (Entered: 04/04/1997)

MINUTE ORDER of 3/26/97 by Hon. Ann C. Williams : Defendant Zema Systems Corporation's motion to reset briefing schedule [45−1] is granted. Date for defendants to file motions for summary judgment is extended to 4/23/97. Date for filing response and reply is extended to 04/23/97. Plaintiffs directed to serve defendants with response on 04/09/97. Mailed notice (ar) Modified on 03/31/1997

ATTORNEY APPEARANCE for plaintiffs by John L. Hines Jr. and Thomas G. Gardiner (fce) (Entered: 04/04/1997)

MOTION by plaintiffs to amend complaint ; Notice of motion. (Temporarily unavailable for docketing.) (ar) (Entered: 04/22/1997)

MINUTE ORDER of 4/16/97 by Hon. Ann C. Williams : Response to plaintiffs' motion to amend complaint [50−1] to be filed by 04/25/97. Reply to be filed by 5/2/97. Ruling on plaintiffs' motion to amend complaint [50−1] is set for 9:30 am on 5/14/97. Date for filing defendants' motion for summary judgment is extended to 05/30/97. Telephone pretrial conference set for 04/21/97 is stricken. Mailed notice (ar) (Entered: 04/22/1997)

RESPONSE by Zema Syst Corp to plaintiffs' motion to amend [50−1] (Exhibit); Notice of filing (ar) (Entered: 04/28/1997)

REPLY by plaintiffs in support of motion to amend [50−1]; Notice of filing (ar) (Entered: 05/06/1997)

SECOND MOTION by plaintiffs to compel production of documents (Exhibit); Notice of motion (ar) Modified on 05/09/1997 (Entered: 05/09/1997)

MOTION by plaintiffs to file exhibits to reply in support of motion to remand ; Notice of motion (ar) (Entered: 05/09/1997)

MINUTE ORDER of 5/7/97 by Hon. Ann C. Williams : Plaintiffs' motion to compel production of documents [54−1] is withdrawn without prejudice. Plaintiffs' motion to file exhibits to reply in support of motion to remand [55−1] is granted. Exhibits to reply to be filed under seal. Ruling set for 05/14/97 at 9:30 am is stricken [50−1]. Ruling on plaintiffs' motion to amend complaint [50−1] to be made by mail. Mailed notice (ar) (Entered: 05/09/1997)

EXHIBITS by plaintiffs to plaintiffs' reply in support [53−1] of motion to amend. (RESTRICTED) (ar) (Entered: 05/09/1997)

MINUTE ORDER of 5/19/97 by Hon. Ann C. Williams : The Court grants plaintiffs' motion to amend the complant. [50−1] (See reverse of minute order.) Mailed notice (hp) (Entered: 05/22/1997)

SCHEDULE set on 5/22/97 by Hon. Ann C. Williams : Status hearing set to 9:00 a.m. 5/30/97 . Mailed notice (dl) (Entered: 05/22/1997)

MINUTE ORDER of 5/30/97 by Hon. Ann C. Williams: Status hearing held. Pretrial conference set for 7/21/97 at 9:00 a.m. Answer or otherwise plead to the amended complaint to be filed by 6/13/97. Defendants motion for summary judgment to be filed on 8/25/97. Response and reply to be filed on 8/25/97. Defendants to serve motion for summary judgment on 7/18/97. Plaintiffs to serve response on 8/11/97. Pretrial conference to be held by telephone. Mailed notice (vmj) (Entered: 06/06/1997)

FIRST AMENDED COMPLAINT [1−1] by plaintiff; jury demand; adding Chgo Beverage Syst; Notice of filing (fce) (Entered: 06/09/1997)

EMERGENCY MOTION by plaintiffs for relief from the protective order (Exhibit); Notice of motion. (Temporarily unavailable for docketing.) (hp) Modified on 06/19/1997 (Entered: 06/19/1997)

ANSWER to plaintiff's first amended complaint by defendant Zema Systems Corporation; Notice of filing (hp) (Entered: 06/16/1997)

MOTION by plaintiffs to schedule briefing on class certification (Attachment); Notice of motion (hp) (Entered: 06/27/1997)

MINUTE ORDER of 6/25/97 by Hon. Ann C. Williams : Plaintiffs motion to schedule briefing on class certification is continued to 07/21/97 at 9:00 a.m. [64−1] No notice (hp) (Entered: 06/27/1997)

MINUTE ORDER of 7/21/97 by Hon. Ann C. Williams : Pretrial conference held. Plaintiffs motion to schedule briefing on class certification is denied without prejudice. [64−1] Defendants motion for summary judgment; response; and reply to be filed on 09/08/97. Plaintiffs to serve defendants with its response on 08/25/97. Ruling on defendants motion for summary judgment to be made by mail. Next date to be set with the court's ruling. Mailed notice (hp) (Entered: 07/23/1997)

TRANSCRIPT of proceedings for the following date(s): on 06/25/97 Before Honorable Ann C. Williams (hp) (Entered: 08/01/1997)

MOTION by plaintiffs for enlargement of time in which to file response to summary judgment motion ; Notice of motion (hp) (Entered: 08/14/1997)

MINUTE ORDER of 8/13/97 by Hon. Joan B. Gottschall : Plaintiffs' motion for enlargement of time for which to file response to summary judgment is granted. [68−1] Mailed notice (hp) (Entered: 08/14/1997)

MOTION by plaintiffs to modify protective order (Exhibits); Notice of motion (hp) (Entered: 09/12/1997)

AGREED MOTION by plaintiffs to extend briefing schedule (hp) (Entered: 09/12/1997)

MINUTE ORDER of 9/10/97 by Hon. Ann C. Williams : Agreed motion to extend briefing schedule is granted. [71−1] Date for defendants to file motion for summary judgment is extended to 10/21/97. Date for filing response and reply is extended to 10/21/97. Date for plaintiffs to serve defense counsel with response is extended to 09/23/97. Plaintiff's motion to modify protective order to permit Paul E. Lehner, Angel Marquez and the employees of the law firm of Adducci, Dorf, Lehner, Mitchell &Blankenship to inspect documents marked "Confidential" in this case under the same terms and conditions as apply to counsel of record is granted. [70−1] Mailed notice (hp) (Entered: 09/12/1997)

MOTION by plaintiffs' to file brief in excess of 15 pages ; Notice of motion. (Temporarily unavailable for docketing.) (hp) (Entered: 10/06/1997)

MINUTE ORDER of 10/1/97 by Hon. Ann C. Williams : Plaintiffs' motion to file brief in excess of fifteen pages is granted. [73−1] Plaintiffs response to defendants motion for summary judgment is limited to thirty−one pages. Mailed notice (hp) (Entered: 10/06/1997)

MOTION by defendant Zema Systems Corporation for extension of time for the service of their reply brief in support of their motion for summary judgment ; Notice of motion. (Temporarily unavailable for docketing.) (hp) (Entered: 11/06/1997)

MINUTE ORDER of 10/29/97 by Hon. Ann C. Williams : Defendant Zema Systems Corporation motion for extension of time is granted. [75−1] Date for defendant to serve their reply brief and file their motion for summary judgment and supporting papers is granted to and including 11/11/97. Date for filing response and reply is extended to 11/11/97. Defendant is given leave to file a reply brief not in excess of thirty pages. Mailed notice (hp) (Entered: 11/06/1997)

MINUTE ORDER of 11/12/97 by Hon. Ann C. Williams : Defendants' motion for extension of time is granted. [77−1] Date for filing defendant's motion for summary judgment, plaintiffs response, and defendants reply is extended to 11/25/97. Date for defendant to serve its reply brief is extended to 11/25/97. Mailed notice (hp) (Entered: 11/20/1997)

REPLY BRIEF by defendant Zema Systems Corp. in support of its motion for summary judgment; Notice of filing (hp) (Entered: 12/16/1997)

RESPONSE by defendant Zema Stystems Corporation to plaintiffs' 12n statement of additional materal facts (Exhibits) (hp) (Entered: 12/16/1997)

APPENDIX filed by defendant Zema Systems Corporation to its Rule 12n response [80−1] and reply brief [79−1] (hp) (Entered: 12/16/1997)

Document Sealed by defendants (pursuant to Court Order dated 12/13/95). (RESTRICTED) (hp) Modified on 12/18/1997 (Entered: 12/17/1997)

MOTION by defendant Zema Systems Corporation to strike certain exhibits attached to plaintiff's response to defendant's motion for summary judgment ; Notice of motion. (Temporarily unavailable for docketing.) (hp) (Entered: 12/30/1997)

MOTION by plaintiffs to strike new evidence or in the alternative for leave to respond and for leave to respond to motion to strike and report on status for 12/17/97 hearing ; Notice of filing (hp) (Entered: 12/17/1997)

MEMORANDUM of law by plaintiffs in opposition to defendant's motion for summary judgment. (RESTRICTED) (hp) Modified on 12/18/1997 (Entered: 12/18/1997)

RULE 12(n) RESPONSE by plaintiffs to defendant's Rule 12(m) statement of material facts with statement (RESTRICTED) (hp) (Entered: 12/18/1997)

STATEMENT of additional material facts requiring denial of defendant's motion for summary judgment by plaintiffs with response. (RESTRICTED) (hp) (Entered: 12/18/1997)

EXHIBITS 1−36 by plaintiffs (RESTRICTED) (hp) (Entered: 12/18/1997)

EXHIBITS 37−47 by plaintiffs. (RESTRICTED) (hp) (Entered: 12/18/1997)