Case: EEOC v. Walsh Construction Company

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Gregory M. Gochanour, Gordon G. Waldron as attorney(s) for plaintiff ( No summons(es) issued.) ( Documents: 1-1 through 1-3) (hp) (Entered: 05/29/2003)

WAIVER of service of summons as to defendant sent on 5/30/03 (hmb) (Entered: 06/19/2003)

ATTORNEY APPEARANCE for defendant Walsh Constr Co by E. Bryan Dunigan III (cem) (Entered: 07/31/2003)

ANSWER by defendant to plaintiff's complaint [1-1]; Jury demand. (cem) (Entered: 07/31/2003)

MOTION by intervenor plaintiff to intervene, and for leave to file amended complaint instanter. ; Notice. (aga) (Entered: 08/27/2003)

ATTORNEY APPEARANCE for intervenor plaintiff by Mark D. DeBofsky. (aga) (Entered: 08/27/2003)

MINUTE ORDER of 8/26/03 by Hon. James B. Zagel : Janice Lenoir's motion to intervene as plaintiff-intervenor [5-1] and for leave to file amended complaint instanter is granted [5-2]. Mailed notice (aga) Modified on 09/08/2003 (Entered: 08/27/2003)

AMENDED COMPLAINT of civil rights violation by intervenor plaintiff. (aga) (Entered: 08/27/2003)

ATTORNEY APPEARANCE for intervenor plaintiff Janice Lenoir by Stephen Alan Jackson; Notice. (aga) (Entered: 12/16/2003)

SCHEDULE set on 1/12/04 by Hon. James B. Zagel : Status hearing set to 10:00 2/11/04 . Mailed notice (drw)

MOTION by plaintiff for leave to file second amended complaint ; Notice. (jmm) (Entered: 02/18/2004)

SCHEDULE set on 2/11/04 by Hon. James B. Zagel : Status hearing held and continued to 10:00 4/21/04 . No notice (drw)

MOTION by EEOC for leave to file first amended complaint ; ; Notice. (gcy) Modified on 02/25/2004 (Entered: 02/25/2004)

MINUTE ORDER of 2/17/04 by Hon. James B. Zagel: Plaintiff's motion for leave to file a second amended complaint is granted. No notice (jmm) (Entered: 02/18/2004)

SECOND AMENDED COMPLAINT [1-1] by plaintiff of civil rights violation; jury demand. (jmm) (Entered: 02/18/2004)

MINUTE ORDER of 2/24/04 by Hon. James B. Zagel : Plaintiff's E.E.O.C.'s motion for leave to file first amended complaint is granted [13-1]. Mailed notice (gcy) (Entered: 02/25/2004)

FIRST AMENDED COMPLAINT by plaintiff EEOC; jury demand; adding Walsh/II in One Joint Venture. (gcy) Modified on 02/25/2004 (Entered: 02/25/2004)

WAIVER of service of summons as to defendant Walsh/II in One Joint Venture sent on 3/16/04 (cdy) (Entered: 03/30/2004)

SCHEDULE set on 4/21/04 by Hon. James B. Zagel : Status hearing reset to 10:00 7/14/04 . No notice (drw)

MOTION by defendant Walsh/II in One to dismiss case (Attachments); Notice. (jmm) (Entered: 05/26/2004)

MINUTE ORDER of 5/20/04 by Hon. James B. Zagel: Answer brief to Walsh/II's motion to dismiss case [17-1] due 6/3/04. Reply to answer brief due 6/10/04. Status hearing set for 7/15/04 at 10:00 a.m. Mailed notice (jmm) (Entered: 05/26/2004)

RESPONSE by plaintiff EEOC to defendant's motion to dismiss case [17-1] (Attachments); Notice. (jmm) (Entered: 06/07/2004)

RESPONSE by plaintiff-intervenor Janice Lenoir to defendant's motion to dismiss case [17-1] (Attachments); Notice. (jmm) (Entered: 06/07/2004)

REPLY by defendant Walsh/II in One Joint Venture in support of its motion to dismiss plaintiffs amended complaints [17-1]. (jmm) (Entered: 06/16/2004)

SCHEDULE set on 7/15/04 by Hon. James B. Zagel : Status hearing reset to 10:00 7/28/04 . No notice (drw)

MINUTE ORDER of 7/20/04 by Hon. James B. Zagel : Joint Venture's motion to dismiss is denied. Mailed notice (gcy) (Entered: 07/21/2004)

SCHEDULE set on 7/28/04 by Hon. James B. Zagel : Status hearing held and continued to 10:00 9/8/04 . Discovery ordered closed on 5:00 11/30/04 . No notice (drw)

ONE JOINT VENTURE ANSWER by defendants Walsh Construction Company of Illinois to plaintiff Janice Lenoir second amended complaint [8-1]. (jmm) (Entered: 08/18/2004)

ONE JOINT VENTURE ANSWER by defendant Walsh Construction Company of Illinois and Walsh/II to plaintiff equal employment opportunity commistion first amended complaint [15-1]. (jmm) (Entered: 08/18/2004)

SCHEDULE set on 9/8/04 by Hon. James B. Zagel : Status hearing held and continued to 10:00 11/30/04 . Discovery ongoing. No Notice (drw)

SCHEDULE set on 11/30/04 by Hon. James B. Zagel : Status hearing held and continued to 10:00 2/2/05 . Discovery ordered closed on 5:00 1/31/05 . No notice (drw)

SCHEDULE set on 1/12/05 by Hon. James B. Zagel : Status hearing set for 2/2/05 is stricken. Settlement conference set for 4:30 2/2/05 . Mailed notice (drw)

MINUTE entry before Judge James B. Zagel : Settlement conference held. (drw, ) (Entered: 02/03/2005)

MINUTE entry before Judge James B. Zagel : Status hearing set for 4/6/2005 at 10:00 AM. (drw, ) (Entered: 02/03/2005)

MINUTE entry before Judge James B. Zagel : Status hearing held on 4/6/2005 Status hearing set for 6/15/2005 at 10:00 AM. No notice mailed (drw, ) (Entered: 04/06/2005)

MOTION by Defendants for leave to file an additional appearance (Attachments: # 1 Attorney Appearance)(gma, ) (Entered: 05/27/2005)

2 Attorney Appearance

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NOTICE of Motion by defendants for presentment of MOTION by Defendants for leave to file an additional appearance 28 before Honorable James B. Zagel on 6/7/2005 at 10:15 AM. (gma, ) (Entered: 05/27/2005)

RESPONSE by Plaintiff Equal Employment Opportunity Commission to defendant's motion for leave to file an additional appearance. (jmm, ) (Entered: 06/10/2005)

MINUTE entry before Judge James B. Zagel : MOTION by Defendants Walsh Construction Company of Illinois, Walsh/II in One Joint Venture for leave to file 28 additional appearance is granted. No notice (drw, ) (Entered: 06/23/2005)

ATTORNEY Appearance for Defendants Walsh Construction Company of Illinois, Walsh/II in One Joint Venture by Aimee Elizabeth Delaney, Tom H. Luetkemeyer. (jmm, ) (Entered: 06/20/2005)

MINUTE entry before Judge James B. Zagel : Status hearing held on 6/15/2005. Discovery ordered closed by 9/12/2005. Status hearing set for 9/12/2005 at 10:00 AM. No notice (drw, ) (Entered: 06/27/2005)

UNCONTESTED MOTION by Defendant Walsh Construction Company of Illinois for court order requiring medical deposition (gma, ) (Entered: 08/12/2005)

NOTICE of Motion by Aimee Elizabeth Delaney for presentment of UNCONTESTED MOTION by Defendant Walsh Construction Company of Illinois for court order requiring medical deposition 34 before Honorable James B. Zagel on 8/18/2005 at 10:15 AM. (gma, ) (Entered: 08/12/2005)

UNCONTESTED MOTION by Defendant Walsh Construction Company of Illinois to extend discovery cut-off (gma, ) (Entered: 08/17/2005)

NOTICE of Motion by Aimee Elizabeth Delaney for presentment of UNCONTESTED MOTION by Defendant Walsh Construction Company of Illinois to extend discovery cut-off 36 before Honorable James B. Zagel on 8/30/2005 at 10:15 AM. (gma, ) (Entered: 08/17/2005)

MINUTE entry before Judge James B. Zagel : Uncontested MOTION by Defendant Walsh Construction Company of Illinois 34 for order requiring medical deposition is granted. Telephoned notice (drw, ) (Entered: 08/26/2005)

MINUTE entry before Judge James B. Zagel : Defendant's motion for court order requiring medical deposition is granted. Motion hearing held on 8/18/2005. Telephoned notice (drw, ) (Entered: 09/08/2005)

MINUTE entry before Judge James B. Zagel : Motion 34 to extend discovery deadline until 10/1/2005 to schedule depositions is granted. Discovery ordered closed by 10/3/2005. Telephoned notice (drw, ) (Entered: 09/20/2005)

NOTICE by E. Bryan Dunigan, III of Change of Address. (jmm, ) (Entered: 09/09/2005)

MINUTE entry before Judge James B. Zagel : Status hearing held on 9/12/2005. Medical deposition scheduled. Status hearing set for 11/7/2005 at 10:00 AM. (drw, ) (Entered: 10/04/2005)

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Arlander Keys for settlement conference by Judge James B. Zagel, signed on 10/07/05, signed by Chief Judge Kocoras on 10/07/05. (For further detail see order).(ar, ) (Entered: 10/13/2005)

MINUTE entry before Judge Arlander Keys : Settlement Conference set for 11/14/2005 at 10:00 AM. All parties are to be represented at the settlement conference by an individual (other than their attorneys) with full authority to settle. The parties are to exchange (but not file) written settlement offers, copies of which are to be submitted to the court by 11/10/05. (ac, ) (Entered: 11/01/2005)

MINUTE entry before Judge James B. Zagel : Status hearing set for 11/7/2005 is stricken. Mailed notice (drw, ) (Entered: 11/03/2005)

MINUTE entry before Judge Arlander Keys :Settlement conference is reset to 01/18/2006 at 1:30 p.m. pursuant to the agreement of the parties. This new date has been agreed upon by the parties and will not be changed. All parties are to be represented at the settlement conference by an individual (other than their attorneys) with full authority to settle. The parties are to exchange (but not file) written settlement offers, copies of which are to be submitted to the Court by 01/11/06 (ac, ) (Entered: 11/22/2005)

MINUTE entry before Judge Arlander Keys : On the Court's own motion, settlement conference set for 01/18/2006 at 1:30 p.m. is reset to 1/19/06 at 1:30 p.m. All parties are to be represented at the settlement conference by an individual (other than their attorneys) with full authority to settle. The parties are to exchange (but not file) written settlement offers, copies of which are to be submitted to the Court by 01/11/06. Telephoned notice (ac, ) (Entered: 01/13/2006)

MINUTE entry before Judge Arlander Keys :On the Court's own motion, settlement conference set for 01/19/2006 is reset to 1/31/06 at 10:00 a.m. All parties are to be represented at the settlement conference by an individual (other than their attorneys) with full authority to settle. (ac, ) (Entered: 01/19/2006)

MINUTE entry before Judge Arlander Keys : Settlement conference held. The parties are extremely far apart. This case will not settle. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Judge Arlander Keys no longer referred to the case. Mailed notice (ar, ) (Entered: 02/02/2006)

MOTION by Plaintiff Equal Employment Opportunity CommissionSet Deadline for Dispositive Motions (Waldron, Gordon) (Entered: 04/28/2006)

NOTICE of Motion by Gordon G. Waldron for presentment of motion for miscellaneous relief 50 before Honorable James B. Zagel on 5/4/2006 at 10:15 AM. (Waldron, Gordon) (Entered: 04/28/2006)

MOTION by Defendants Walsh Construction Company of Illinois, Walsh/II in One Joint Venture for leave to file excess pages and excess paragraphs for Local Rule 56.1 Statement (Delaney, Aimee) (Entered: 05/01/2006)

Defendants' NOTICE of Motion by Aimee Elizabeth Delaney for presentment of motion for leave to file excess pages 52 before Honorable James B. Zagel on 5/9/2006 at 10:15 AM. (Delaney, Aimee) (Entered: 05/01/2006)

MINUTE entry before Judge James B. Zagel : MOTION by Plaintiff Equal Employment Opportunity Commission to set deadline for dispositive motions 50 is granted. Schedule to be determined by mail. Mailed notice (drw, ) (Entered: 05/03/2006)

STIPULATION of Dismissal of Count II (Retaliation Claim) (Delaney, Aimee) (Entered: 05/09/2006)

NOTICE by all defendants re stipulation of dismissal 55 of Count II (Retaliation Claim) (Delaney, Aimee) (Entered: 05/09/2006)

MINUTE entry before Judge James B. Zagel : MOTION by Defendants Walsh Construction Company of Illinois, Walsh/II in One Joint Venture for leave to file excess pages and excess paragraphs for Local Rule 56.1 Statement 52 is granted. (drw, ) (Entered: 05/15/2006)

MOTION by Defendants Walsh Construction Company of Illinois, Walsh/II in One Joint Venture for summary judgment (Attachments: # 1 Notice of Filing)(Delaney, Aimee) (Entered: 05/15/2006)

2 Notice of Filing

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MEMORANDUM by Walsh Construction Company of Illinois, Walsh/II in One Joint Venture in Support of motion for summary judgment 58 (Attachments: # 1 Notice of Filing)(Delaney, Aimee) (Entered: 05/15/2006)

2 Notice of Filing

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RULE 56 1 Statement Of Uncontested Facts (Attachments: # 1 Exhibit # 2 Exhibit Exhibit 1 part 1# 3 Exhibit Exhibit 1 part 2# 4 Exhibit Exhibit 1 part 3# 5 Exhibit 2# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit Exhibit 5 part 1# 9 Exhibit Exhibit 5 part 2# 10 Exhibit Exhibit 5 part 3# 11 Exhibit 6# 12 Exhibit 7# 13 Exhibit 8# 14 Exhibit 9# 15 Exhibit 10# 16 Exhibit 11# 17 Exhibit 12# 18 Exhibit 13# 19 Exhibit 14# 20 Exhibit 15)(Delaney, Aimee) (Entered: 05/15/2006)

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3 Exhibit Exhibit 1 part 1

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4 Exhibit Exhibit 1 part 2

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5 Exhibit Exhibit 1 part 3

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6 Exhibit 2

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7 Exhibit 3

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8 Exhibit 4

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9 Exhibit Exhibit 5 part 1

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10 Exhibit Exhibit 5 part 2

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11 Exhibit Exhibit 5 part 3

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12 Exhibit 6

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13 Exhibit 7

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14 Exhibit 8

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15 Exhibit 9

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16 Exhibit 10

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17 Exhibit 11

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18 Exhibit 12

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19 Exhibit 13

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20 Exhibit 14

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21 Exhibit 15

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MINUTE entry before Judge James B. Zagel : Set deadlines/hearing as to motion for summary judgment 58 : Response due by 6/15/2006. Reply due by 6/29/2006. Motion ruling before Honorable James B. Zagel on 7/27/2006 at 10:00 AM. Mailed notice (drw, ) (Entered: 06/07/2006)

RULE 56 1 Statement of facts (Attachments: # 1 Notice of Filing)(DeBofsky, Mark) (Entered: 06/15/2006)

2 Notice of Filing

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RESPONSE by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiff Janice Lenoir to Defendants' Statement of Facts (Attachments: # 1 Notice of Filing)(DeBofsky, Mark) (Entered: 06/15/2006)

2 Notice of Filing

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Exhibits to Plaintiffs' Supplemental Statement of Facts and to Plaintiffs' Response to Defendants' Statement of Facts by Equal Employment Opportunity Commission, Janice Lenoir (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(DeBofsky, Mark) (Entered: 06/15/2006)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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MOTION by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiff Janice Lenoir for leave to file Memorandum in Excess of Fifteen Pages (Attachments: # 1 Memorandum)(DeBofsky, Mark) (Entered: 06/15/2006)

2 Memorandum

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NOTICE of Motion by Mark D. DeBofsky for presentment of motion for leave to file 65 before Honorable James B. Zagel on 6/20/2006 at 10:15 AM. (DeBofsky, Mark) (Entered: 06/15/2006)

MINUTE entry before Judge James B. Zagel : Motion 52 for leave to file memorandum in excess of fifteen pages is granted. Mailed notice (ar, ) (Entered: 06/22/2006)

REPLY by Defendants Walsh Construction Company of Illinois, Walsh/II in One Joint Venture to motion for summary judgment 58 (Attachments: # 1)(Delaney, Aimee) (Entered: 06/29/2006)

RESPONSE by Defendants Walsh Construction Company of Illinois, Walsh/II in One Joint Venture to Rule 56 statement 62 of Additional Facts by Plaintiffs (Delaney, Aimee) (Entered: 06/29/2006)

REPLY by Defendants Walsh Construction Company of Illinois, Walsh/II in One Joint Venture to Rule 56 statement, 60 of Uncontested Facts by Defendants (Delaney, Aimee) (Entered: 06/29/2006)

NOTICE by all defendants re Response 69, reply 70, reply 68 in support of Summary Judgment (Delaney, Aimee) (Entered: 06/29/2006)

MOTION by Plaintiff Equal Employment Opportunity Commission to file instanter Additional Authority (Attachments: # 1 Exhibit A)(Waldron, Gordon) (Entered: 07/06/2006)

2 Exhibit A

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NOTICE of Motion by Gordon G. Waldron for presentment of motion to file instanter 72 before Honorable James B. Zagel on 7/11/2006 at 10:15 AM. (Waldron, Gordon) (Entered: 07/06/2006)

MOTION by Defendants Walsh Construction Company of Illinois, Walsh/II in One Joint Venture for leave to file Defendants' Response to Motion to Cite Additional Authority (Attachments: # 1 Exhibit Defendants' Response to Plaintiffs' Motion to Cite Additional Authority)(Delaney, Aimee) (Entered: 07/10/2006)

2 Exhibit Defendants' Response to Plaintiffs' Motion to Cite Additional

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Defendants' NOTICE of Motion by Aimee Elizabeth Delaney for presentment of motion for leave to file, 74 before Honorable James B. Zagel on 7/13/2006 at 10:15 AM. (Delaney, Aimee) (Entered: 07/10/2006)

Regarding Additional Authority STATEMENT by Janice Lenoir (DeBofsky, Mark) (Entered: 07/10/2006)

MINUTE entry before Judge James B. Zagel : MOTION by Plaintiff Equal Employment Opportunity Commission to file instanter Additional Authority 72 is granted. MOTION by Defendants Walsh Construction Company of Illinois, Walsh/II in One Joint Venture for leave to file Defendants' Response to Motion to Cite Additional Authority 74 is granted. MOTION by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiff Janice Lenoir for leave to file Memorandum in Excess of Fifteen Pages 65 is granted. Mailed notice (drw, ) (Entered: 07/11/2006)

RESPONSE by Defendants Walsh Construction Company of Illinois, Walsh/II in One Joint Venture to Plaintiffs' Motion for Leave to Cite Additional Authority (72) (Attachments: # 1 Notice of Filing)(Delaney, Aimee) (Entered: 07/12/2006)

2 Notice of Filing

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MINUTE entry before Judge James B. Zagel : Status hearing stricken. Ruling on motion for summary judgment to be made by mail. Telephoned notice (drw, ) (Entered: 07/27/2006)

MOTION for summary judgment 58 is granted in part and denied in part. Defendants' motion for summary judgment on the claim of sexual harrassment is denied. Defendants' motion for summary judgment on claim for intentional infliction of emotional distress is granted. MEMORANDUM Opinion and Order Signed by Judge James B. Zagel on 8/30/2006:Mailed notice(drw, )

MINUTE entry before Judge James B. Zagel : Status hearing set for 9/27/2006 at 10:00 AM. Mailed notice (drw, ) (Entered: 09/12/2006)

MINUTE entry before Judge James B. Zagel : Status hearing held on 9/27/2006. Settlement referral to Judge Keys requested. Mailed notice (drw, ) (Entered: 10/15/2006)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Magistrate Judge Arlander Keys for the purpose of holding proceedings related to settlement conference.(drw, )Mailed notice. (Entered: 10/15/2006)

MINUTE entry before Judge Arlander Keys : Settlement conference set for 01/10/07 at 1:30 PM. All parties are to be represented at the settlement conference by an individual (other than their attorneys) with full authority to settle. The parties are to exchange (but not file) written settlement offers, copies of which are to be submitted to the court by 01/04/07. (ar, ) (Entered: 12/01/2006)

MINUTE entry before Judge Arlander Keys : Extensive settlement conference held. While some progress was made towards narrowing the differences between the Plaintiffs' demands and the Defendant's offer, the parties remain far apart in terms of settlement. This case will not settle at this time. (ar, ) (Entered: 01/17/2007)

MINUTE entry before Judge Arlander Keys : All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge.Judge Arlander Keys no longer referred to the case. (ar, ) (Entered: 01/16/2007)

MINUTE entry before Judge James B. Zagel : Status hearing set for 3/29/2007 at 10:00 AM.Mailed notice (drw, ) (Entered: 02/06/2007)

MINUTE entry before Judge James B. Zagel :Status hearing held on 3/29/2007. Depositions to be completed.Status hearing set for 5/31/2007 at 10:00 AM.Mailed notice (drw, ) (Entered: 04/06/2007)

MINUTE entry before Judge James B. Zagel :Status hearing held on 5/31/2007. Pretrial Order due by 8/9/2007. Status hearing set for 8/24/2007 at 10:00 AM.Mailed notice (drw, ) (Entered: 06/28/2007)

PROPOSED Pretrial Order (Joint) by Walsh Construction Company of Illinois, Walsh/II in One Joint Venture (Attachments: # 1 Exhibit A- Stipulated Facts# 2 Exhibit B1- Plaintiffs' Witness List# 3 Exhibit B2- Defense Witness List# 4 Exhibit C1- Plaintiffs' Exhibit List# 5 Exhibit C2- Defense Exhibit List# 6 Exhibit D1- Plaintiffs' Proposed Instructions# 7 Exhibit D2- Defendants' Proposed Instructions# 8 Exhibit E1- Plaintiffs' Motions In Limine# 9 Exhibit E2- Defendants' Motions In Limine)(Delaney, Aimee) (Entered: 08/09/2007)

2 Exhibit A- Stipulated Facts

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3 Exhibit B1- Plaintiffs' Witness List

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4 Exhibit B2- Defense Witness List

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5 Exhibit C1- Plaintiffs' Exhibit List

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6 Exhibit C2- Defense Exhibit List

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7 Exhibit D1- Plaintiffs' Proposed Instructions

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8 Exhibit D2- Defendants' Proposed Instructions

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9 Exhibit E1- Plaintiffs' Motions In Limine

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10 Exhibit E2- Defendants' Motions In Limine

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EXECUTIVE COMMITTEE ORDER: Case reassigned to Judge Arlander Keys for any and all proceedings including entry of a final judgment in accordance with Local Rule 73.1(b). Signed by Executive Committee on 9/5/2007. (rp, ) (Entered: 09/10/2007)

MINUTE entry before Judge Arlander Keys :Status hearing set for 9/28/2007 at 09:00 AM. in courtroom 2230.(ac, ) (Entered: 09/26/2007)