Case: Tucker v. Union Underwear Co., Inc.

Tucker v. Union Underwear Co.

COMPLAINT (Summons(es) issued) filing fee pd − receipt # 27473 (CSD) (Entered: 01/13/1993)

AMENDED COMPLAINT [1 − 1] by plaintiff Donna Tucker (CSD) (Entered: 01/13/1993)

ANSWER by defendant Union Underwear Co. to [3 − 1], to [1 − 1] (CSD) (Entered: 01/13/1993)

SCHEDULING ORDER Mag Judge Maxey B. Harlin III ; Discovery to be compl by 6/20/92 ; Amendments by 6/22/92 ; Dispositive mtn ddl by 6/22/92 (cc: all counsel) (CSD) (Entered: 01/13/1993)

MOTION by plaintiff Donna Tucker to certify class action ; Memorandum in Support; order tendered (CSD) (Entered: 01/13/1993)

ORDER by Judge John G. Heyburn II granting motion to certify class action [22 − 1] (cc: all counsel) (CSD) (Entered: 01/13/1993)

BEGIN VOLUME # II with docket #54 (DIM) (Entered: 06/16/1995)

MOTION by defendant Union Underwear Co. to alter, vacate or amend order of 11/4/92 (CSD) (Entered: 01/13/1993)

MEMORANDUM by defendant Union Underwear Co. in support of motion to alter, vacate or amend order of 11/4/92 [57 − 1] (CSD) (Entered: 01/13/1993)

RESPONSE by plaintiff Donna Tucker to motion to alter, vacate or amend order of 11/4/92 [57 − 1] (CSD) (Entered: 01/13/1993)

REPLY by defendant to pla's response to motion to alter, vacate or amend order of 11/4/92 [57 − 1] (DIM) (Entered: 02/09/1993)

MOTION by defendant for summary judgment ; order tendered (DIM) (Entered: 02/09/1993)

MEMORANDUM by defendant in support of motion for summary judgment [61 − 1] (DIM) (Entered: 02/09/1993)

MOTION by plaintiff for summary judgment ; order tendered (DIM) (Entered: 02/09/1993)

MEMORANDUM by plaintiff in support of motion for summary judgment [63 − 1] (DIM) (Entered: 02/09/1993)

FILE SUBMITTED to JGH (FCE) (Entered: 02/17/1993)

ORDER by Judge John G. Heyburn II granting motion for extension of time to respond to pla's mo for sum jgm. to and including 2/22/93 [65 − 1] (cc: all counsel) (DIM) (Entered: 02/22/1993)

REPLY by defendant to response to dft's motion for summary judgment [61 − 1], Response in Opposition to pla's motion for summary judgment [63 − 1] (DIM) (Entered: 02/23/1993)

REPLY by plaintiff to response to motion for summary judgment [63 − 1] (DIM) (Entered: 03/05/1993)

ORDER by Judge John G. Heyburn II ; a telephonic pretrial conference is set for 7/13/93 at 9:30 a.m. prevailing Louisville time. Usual pt compliances apply (cc: all counsel) (DIM) (Entered: 06/08/1993)

MOTION of Brenda Sutton and Debby Marlene Catron for order allowing them to Intervene as Additional named Representatives of the Class ; order tendered (DIM) (Entered: 07/09/1993)

MOTION by defendant for a pretrial conference ; order tendered (DIM) (Entered: 07/09/1993)

MOTION by defendant to limit communication between pla's counsel and certain class members ; Memorandum in Support; order tendered (DIM) (Entered: 07/09/1993)

MOTION by plaintiff Donna Tucker to compel discovery ; Memorandum in Support; order tendered (DIM) (Entered: 07/16/1993)

ORDER by Judge John G. Heyburn II finding the motion for a pretrial conference [71 − 1] moot., held in abeyance on the motion for order allowing them to Intervene as Additional named Representatives of the Class [70 − 1], denying motion for summary judgment [63 − 1], denying motion for summary judgment [61 − 1], denying motion to alter, vacate or amend order of 11/4/92 [57 − 1] Case referred − to William F. Dolson, 3103 Springcrest Drive, Louisville, Kentucky 40241 as Mediator. (cc: all counsel) (FCE) (Entered: 07/16/1993)

MOTION by plaintiff Donna Tucker for order prohibiting deft. from extracting releases from class members , and for order declaring void any purported releases obtained by deft. as prerequisite to settlement of individual class members workers comp. claims , and for order prohibiting deft and deft attorneys from communicating w/class members , and for order requiring defts. to pay for notice to class members ; Memorandum in Support; exhibit attached; order tendered (FCE) (Entered: 07/21/1993)

RESPONSE by plaintiff to motion to limit communication between pla's counsel and certain class members [72 − 1] ; (DIM) (Entered: 07/22/1993)

RESPONSE by defendant to motion for order prohibiting deft. from extracting releases from class members [75 − 1] ; order tendered (DIM) (Entered: 08/03/1993)

RESPONSE by defendant to motion for order requiring defts. to pay for notice to class members [75 − 4] ; order tendered (DIM) (Entered: 08/03/1993)

MOTION by defendant to strike pla s motions tendered 7/16/93 ; order tendered (DIM) (Entered: 08/03/1993)

RESPONSE by defendant to motion for order prohibiting deft and deft attorneys from communicating w/class members [75 − 3] ; order tendered (DIM) (Entered: 08/03/1993)

REPLY by defendant to response to motion for order prohibiting deft and deft attorneys from communicating w/class members [75 − 3] (DIM) (Entered: 08/03/1993)

ORDER by Judge John G. Heyburn II denying motion for order prohibiting deft and deft attorneys from communicating w/class members [75 − 3] (cc: all counsel) (DIM) (Entered: 08/23/1993)

REMARK − pleadings #82 and #83 returned to Louisville to be put in file (DIM) (Entered: 08/23/1993)

ORDER by Judge John G. Heyburn II denying as moot the motion for order prohibiting deft. from extracting releases from class members [75 − 1], denying motion for order declaring void any purported releases obtained by deft. as prerequisite to settlement of individual class members workers comp. claims [75 − 2], denying motion for order prohibiting deft and deft attorneys from communicating w/class members [75 − 3] (cc: all counsel) (DIM) (Entered: 08/31/1993)

MEMORANDUM REGARDING SETTLEMENT PROPOSAL FILED by plaintiff Donna Tucker (DIM) (Entered: 11/01/1993)

REMARK − Pleading #85 forwarded to JGH (DIM) (Entered: 11/02/1993)

ORDER by Judge John G. Heyburn II finding the motion for order allowing them to Intervene as Additional named Representatives of the Class [70 − 1] moot., finding the motion to compel discovery [73 − 1] moot., finding the motion for order requiring defts. to pay for notice to class members [75 − 4] moot. The parties may resubmit any such motions for the Ct's consideration by notice to the Court. (cc: all counsel) (DIM) (Entered: 03/24/1994)

REMARK − Dkt #86 forwarded to JGH to go in file. (MLL) (Entered: 03/25/1994)

FILE/DOCUMENT RETURNED to BG (FCE) (Entered: 07/12/1994)

ORDER by Judge John G. Heyburn II; settlement conf and pretrial conf set for 9:00 a.m. in Bowling Green 10/24/94 (cc: all counsel) (DIM) (Entered: 08/09/1994)

MOTION by plaintiff for order resheduling pre − trial conference ; order tendered (DIM) (Entered: 08/15/1994)

RESPONSE by defendant Union Underwear Co. to motion for order resheduling pre − trial conference [88 − 1] ; order tendered (MLL) (Entered: 08/19/1994)

DOCKET ADJUSTMENT (Utility) finding the motion for order resheduling pre − trial conference [88 − 1] moot date is no longer a conflict.. (FCE) (Entered: 08/19/1994)

FILE/DOCUMENT SUBMITTED to JGH (DIM) (Entered: 08/30/1994)

MOTION by plaintiff Donna Tucker to withdraw motion to reschedule pre − trial conf ; Memorandum in Support; order tendered (MLL) (Entered: 08/25/1994)

DOCUMENT No. 90 SUBMITTED to Trayce (DIM) (Entered: 09/02/1994)

ORDER by Judge John G. Heyburn II re [87 − 1]; dft shall have present at the settlement conference set on 10/24/94 executives of the company who have full authority to resolve the issues presented by this case. (cc: all counsel) (DIM) (Entered: 09/07/1994)

DOCKET ADJUSTMENT (Utility) granting motion to withdraw motion to reschedule pre − trial conf [90 − 1] (FCE) (Entered: 09/13/1994)

ORDER by Judge John G. Heyburn II ; settlement conf set for 1:00 10/21/94 , in Louisville, Kentucky, prevailing Louisville time ; before Judge John G. Heyburn II (cc: all counsel) (FCE) (Entered: 10/03/1994)

FILE/DOCUMENT SUBMITTED to JGH (MLL) (Entered: 10/04/1994)

ORDER by Judge John G. Heyburn II: A ptc was held on 10/21/94; the parties concluded an agreement which will resolve case; parties shall advise Ct as soon as a final settlement agreement is concluded for approval thereof and any other matters necessary to resolve case. (cc: all counsel) (DIM) (Entered: 11/08/1994)

MOTION by plaintiff Donna Tucker to set aside order [74 − 2] ; order tendered (DIM) (Entered: 11/15/1994)

MOTION by plaintiff and defendant for order for approval of agreement of settling class action ; Agreement and order tendered (DIM) (Entered: 11/22/1994)

FILE/DOCUMENT SUBMITTED to JGH (MLL) (Entered: 11/22/1994)

RESPONSE by defendant to motion to set aside order [74 − 2] [94 − 1] ; order tendered (DIM) (Entered: 12/07/1994)

RESPONSE by defendant to motion for order for approval of agreement of settling class action [95 − 1]; (DIM) (Entered: 12/07/1994)

REMARK − Dkt #96,97 forwarded to JGH (MLL) (Entered: 12/07/1994)

ORDER by Judge John G. Heyburn II denying pla's motion to set aside Ct's prior order as moot. [74 − 2] [94 − 1] (cc: all counsel) (DIM) (Entered: 12/13/1994)

REMARK − Dkt #98 forwarded to JGH (MLL) (Entered: 12/14/1994)

ORDER by Judge John G. Heyburn II: Case referred to Mag Judge C. C. Gambill for the purpose of conducting a fairness hearing pursuant to 28:636(b)(1)(A). (cc: all counsel) (DIM) (Entered: 01/11/1995)

MOTION by plaintiff for order regarding class notice and fairness hearing ; Memorandum in Support; order tendered; ALSO RECEIVED − OFFICIAL COURT NOTICE re date of hearing and time to be sent out to class representatives. (DIM) (Entered: 02/02/1995)

MOTION by plaintiff Donna Tucker for order for approval of criteria for qualification, payout and distribution of fund ; Memorandum in Support; order tendered (DIM) (Entered: 02/08/1995)

FILE SUBMITTED to CCG: VOL II delivered to Magistrate Judge Gambill's Chambers from Judge Heyburn's Chambers on unknown date. (FCE) (Entered: 02/08/1995)

MOTION by defendant for order to set fairness hearing ; notice of proposed class settlement and order tendered (DIM) (Entered: 02/09/1995)

DOCUMENT #101,102 SUBMITTED to CCG (DIM) Modified on 02/10/1995 (Entered: 02/10/1995)

RESPONSE by defendant to motion for order regarding class notice and fairness hearing [100 − 1] ; order tendered (DIM) (Entered: 02/21/1995)

RESPONSE by defendant Union Underwear Co. to motion for order for approval of criteria for qualification, payout and distribution of fund [101 − 1] ; order tendered (MLL) (Entered: 02/24/1995)

DOCUMENT #103 SUBMITTED to CCG (MLL) (Entered: 02/22/1995)

ORDER by Mag Judge C. C. Gambill: A conference was held on 2/21/95; parties shall file a proposed notice no later than 4:30 p.m. on 2/24/95; telephonic conference set for 12:00 p.m. on 2/24/95 at which time a fairness hearing will be scheduled. (cc: all counsel) (DIM) (Entered: 02/27/1995)

DOCUMENT #104 SUBMITTED to CCG (MLL) (Entered: 02/27/1995)

ORDER by Judge John G. Heyburn II granting motion for order to set fairness hearing [102 − 1], granting motion for order regarding class notice and fairness hearing [100 − 1] ; in − court hearing set for 9:00 4/13/95 before Judge John G. Heyburn II Pla. at expense of the dft., shall cause the notice to be published, once each week during each of the three weeks immediately preceding 4/3/95. (cc: all counsel) (PAC) (Entered: 02/28/1995)

NOTICE of proposed settlement agreement and Notice of fairness hearing set on 4/13/95 at 9:00 a.m. in BG (cc: all counsel) (DIM) (Entered: 03/03/1995)

BEGIN VOLUME # III (DIM) (Entered: 06/16/1995)

ORDER by Mag Judge C. C. Gambill ; this matter having been referred to USMJ, a conference was held 2/24/95; discussions having been held, by agreement of the parties, fairness hearing set for 9:00 4/13/95 before Mag Judge C. C. Gambill in Bowling Green, KY (cc: all counsel) (MLG) (Entered: 03/06/1995)

AMENDED ORDER by Judge John G. Heyburn II re [108 − 2], Paragraph 3 of the Order previously entd on 2/28/95 is amended. (cc: all counsel) (PAC) (Entered: 03/10/1995)

ORDER by Mag Judge C. C. Gambill to correct typographical error in original document. Paragraph VI on page 6 should state that the agreement is for (five (5) years, rather than five (50) years. (cc: all counsel) (PAC) (Entered: 03/14/1995)

DOCUMENT #105,106,107,109 SUBMITTED to CCG (MLL) (Entered: 03/15/1995)

NOTICE by defendant of mailing notice of proposed settlement agreement and notice of fairness hearing. (SEE Brown Folder for Names of Persons in Class) (DIM) Modified on 03/31/1995 (Entered: 03/23/1995)

SECOND AMENDED ORDER by Judge John G. Heyburn II re [109 − 1]: The amended order entered on 3/10/95 is dissolved; Paragraph 3 of the Order previously entered by this Ct dated 2/28/95 is reinstated to read as follows: Dft UUC, d/b/a FOL, at its own expense, shall mail a copy of the notice to all class members for whom it has addresses. The ntc shall be mailed to each class member's last known address. Dft shall mail said ntcs no later than 21 days prior to the date scheduled for the hearing. Dft shall file with the Ct a lst of all persons to whom it mails said ntc along with a certification showing the date of mailing. (cc: all counsel) (DIM) (Entered: 03/27/1995)

NOTICE of filing attached letter from Brad Clark dated 4/3/95 into evidence by defendant Union Underwear Co. (MLL) (Entered: 04/04/1995)

REMARK: received objection to notice from Deborah K. Kennedy − settlement offer not high enough. (DIM) Modified on 04/04/1995 (Entered: 04/03/1995)

DOCUMENT #11,112,113 SUBMITTED to CCG (MLL) (Entered: 04/04/1995)

REMARK − Received letter from Barbara Wilson in re: Settlement Agreement. (MLL) (Entered: 04/04/1995)

LETTER to Judge Heyburn from Brad Clark re: proposed settlement agreement. (PAC) (Entered: 04/06/1995)

OBJECTIONS by plaintiff Donna Tucker to letter dated 4/3/95 by Brad Clark being entered into evidence in this action. (MLL) (Entered: 04/14/1995)

ORDER by Mag Judge C. C. Gambill Case called 4/13/95 for fairness hearing; counsel for the parties heard; all parties recommended approval of the settlement agreement; in − court hearing held on 4/13/95 ; action stands submitted. (cc: all counsel) (FCE) (Entered: 04/14/1995)

REMARK: DN 115 forwarded to Magistrate Judge Gambill. (FCE) (Entered: 04/14/1995)

DOCUMENT #114 SUBMITTED to CCG (MLL) (Entered: 04/17/1995)

FILE RETURNED to B.G. (PAC) (Entered: 05/26/1995)

MOTION by plaintiff Donna Tucker for order requiring dft to show cause why they should not be held in contempt for failure to comply with this Court's order dated 2/28/95 ; Memorandum in Support; order tendered (MLL) (Entered:

FINDINGS OF FACT AND CONCLUSIONS OF LAW concerning fairness hearing for relief from unlawful employment discrimination by Mag Judge C. C. Gambill ; objections due ddl set for 6/17/95 (cc: all counsel) (DIM) (Entered: 06/07/1995)

MOTION by plaintiff Donna Tucker for pre − trial conference ; order tendered (MLL) (Entered: 06/08/1995)

JUDGMENT: by Judge John G. Heyburn II granting FINDINGS OF FACT AND CONCLUSIONS OF LAW [118 − 1], granting motion for order for approval of agreement of settling class action [95 − 1] and a consent degree be and is hereby entered by the District Court and terminating action; Ct will retain jurisdiction to decide certain matters as set forth in the Settlement Agreement. ....final judgment...no cause for delay.(cc: all counsel) (DIM) (Entered: 06/21/1995)

FILE SUBMITTED to JGH for review re consent decree and then to go to CCG on pending motions. (DIM) Modified on 06/21/1995 (Entered: 06/21/1995)

MOTION by plaintiff Donna Tucker for determination of amount of interim attorney fees and costs ; Memorandum in Support; order tendered (MLL) (Entered: 07/13/1995)

AFFIDAVIT of Larry F. Sword w/exhibits A &B (MLL) (Entered: 07/13/1995)

AFFIDAVIT of Robert L. Bertram w/exhibits (MLL) (Entered: 07/13/1995)

AFFIDAVIT of Mark L. Morgan w/exhibit (MLL) (Entered: 07/13/1995)

MOTION by plaintiff Donna Tucker for order of approval of Criteria for Qualificaqtion, Payout and Distribution of Funds ; Memorandum in Support; order tendered (MLL) (Entered: 07/14/1995)