Docket as of September 3, 1999 11:37 pm



U.S. District Court

Northern District of Illinois (Chicago)

CIVIL DOCKET FOR CASE #: 92-CV-4545

Gardean, et al v. Laborers Intl Un, et al

Filed: 07/14/92
Assigned to: Hon. James F. Holderman
Jury demand: Plaintiff
Demand: $0,000
Nature of Suit: 730
Lead Docket: None
Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 29:151 Labor: Review of Agency Action




GARDEAN ENVIRONMENTAL COMPANY     George W. Groble
     plaintiff                    [NTC]
                                  Groble & Groble Ltd
                                  33 West Jackson Boulevard
                                  Chicago, IL 60604
                                  (312) 939-5858
                                  John Charles Sheerin
                                  [COR LD NTC A]
                                  P.O. Box 8889
                                  1302 Lake Shore Drive
                                  Michigan City, IN 46360
   v.
LOCAL 225 LABORERS                Hugh B. Arnold
INTERNATIONAL UNION               [COR LD NTC A]
     defendant                    John Joseph Toomey
                                  [COR]
                                  Arnold & Kadjan
                                  19 West Jackson Boulevard
                                  Suite 300
                                  Chicago, IL 60604
                                  (312) 236-0415
JOSEPH MAZZA                      Hugh B. Arnold
     defendant                     [term  11/19/93] 
 [term  11/19/93]                 (See above)
                                  [COR LD NTC A]
                                  John Joseph Toomey
                                   [term  11/19/93] 
                                  (See above)
                                  [COR]
JOSEPH ABATE                      Hugh B. Arnold
     defendant                     [term  11/19/93] 
 [term  11/19/93]                 (See above)
                                  [COR LD NTC A]
                                  John Joseph Toomey
                                   [term  11/19/93] 
                                  (See above)
                                  [COR]




DOCKET     PROCEEDINGS



DATE     #                   DOCKET     ENTRY


7/14/92  1       COMPLAINT; jury demand - Civil cover sheet - Appearance(s)
                 of John Charles Sheerin as attorney(s) for plaintiff (Three
                 originals and three copies summons(es) issued.) (Documents:
                 1-1 through 1-3) (jmp) [Entry date 07/16/92]


7/14/92  --      RECEIPT regarding payment of filing fee paid; on 7/14/92 in
                 the amount of $120.00, receipt # 397321. (jmp)
                 [Entry date 07/16/92]


7/17/92  2       RULE 39 Affidavit of John Charles Sheerin (pg)
                 [Entry date 07/20/92]


8/3/92   3       ATTORNEY APPEARANCE for defendants  by Hugh B. Arnold, John
                 Joseph Toomey (pg) [Entry date 08/07/92]


8/3/92   4       RULE 39 Affidavit of John Joseph Toomey (pg)
                 [Entry date 08/07/92]


8/10/92  5       RULE 39 Affidavit of Hugh B. Arnold. (pg)
                 [Entry date 08/11/92]


8/10/92  6       MOTION by Local 225 Laborers Intl Un to dismiss the
                 complaint; notice of motion. (pg) [Entry date 08/11/92]


8/10/92  7       MOTION by Joseph Mazza, Joseph Abate to dismiss individual
                 defendants; proof of service. (pg) [Entry date 08/11/92]


8/10/92  8       MINUTE ORDER of 8/10/92 by Hon. James H. Alesia: Filed
                 defendant's motion to dismiss the complaint [6-1]. Answer
                 brief to motion due 31 Aug. 92. Reply to answer brief due
                 September 15, 1992. Ruling on motions to dismiss set for by
                 mail. Plaintiff is given 10 days (August 20, 1992) to
                 retain local counsel in conformity with Local Rule 3.13(B).
                 Mailed notice (pg) [Entry date 08/11/92]


8/12/92  9       DESIGNATION OF ATTORNEY George W. Groble as local counsel.
                 (pg) [Entry date 08/12/92]


8/28/92  10      AGREED MOTION by plaintiff Gardean  for extenesion of time
                 to brief motion to dismiss ; notice of agreed motion. (cmf)
                 [Entry date 09/01/92]


8/28/92  11      MINUTE ORDER of 8/28/92  by Hon. James F. Holderman :
                 Granting  motion  for extension of time to brief motion to
                 dismiss [10-1] Answer brief to motion to dismiss individual
                 defendants [7-1] is due 09/08/92. Reply to answer brief due
                 9/23/92, Answer brief to motion to dismiss the complaint
                 [6-1] is due 09/08/92. Reply to answer brief due 9/23/92
                 Court will rule by mail.  Telephond notice (cmf)
                 [Entry date 09/01/92]


9/8/92   12      RESPONSE by plaintiff to motion to dismiss individual
                 defendants [7-1], motion to dismiss the complaint [6-1] (pg)
                 [Entry date 09/09/92]


9/22/92  13      REPLY by defendants to plaintiff's response in opposition
                 to defendants' motion to dismiss (Exhibits) [12-1] (pg)
                 [Entry date 09/23/92]


11/2/92  14      MOTION by defendants to compel answers to discovery;
                 notice of motion. (pg) [Entry date 11/03/92]


11/2/92  15      AFFIDAVIT of John J. Toomey regarding motion to compel
                 answers to discovery (Attachment). [14-1] (pg)
                 [Entry date 11/03/92]


11/2/92  16      MOTION by plaintiff for extension of discovery complaince
                 , for relief from admissions and for limited protective
                 order. (pg) [Entry date 11/03/92]


11/2/92  17      AFFIDAVIT of Dennis Garde (Exhibits). (pg)
                 [Entry date 11/03/92]


11/2/92  18      AFFIDAVIT of J. Charles Shearin (pg) [Entry date 11/03/92]


11/2/92  19      MINUTE ORDER of 11/2/92 by Hon. James F. Holderman:
                 Defendant's motion to compel answers to discovery is
                 granted. [14-1] Defendant's request for admissions are
                 deemed admitted. Plaintiff's motion for extension of
                 discovery complaince, [16-1] for relief from admissions
                 [16-2] and for limited protective order [16-3] are granted
                 in part and moot in part. Defendant granted to Nov. 20, 1992
                 to answer interrogatories and produce documents. Parties are
                 directed to work out agreed protective order regarding tax
                 returns. Motion for limited protective order is moot. [16-3]
                 Mailed notice (pg) [Entry date 11/03/92]
                 [Edit date 11/03/92]


1/11/93  20      MINUTE ORDER of 1/11/93 by Hon. James F. Holderman:
                 Plaintiff is directed to amend its complaint within 14 days
                 of this order by adding factual description of the
                 defendants' allegedly illegal acts.  Defendants' motion to
                 dismiss is granted in part.  State law claims and all
                 claims against the individual defendants are dismissed.
                 Defendant's motion for a more definite statement is
                 granted. Parties are urged to discuss settlement and
                 report on the status thereof on Jan. 28, 1993 at 10:00 a.m.
                  [6-1] Mailed notice (pg) [Entry date 01/12/93]


1/27/93  21      AMENDEDMENT TO COMPLAINT [1-1] by Gardean Env Co (pg)
                 [Entry date 01/28/93]


1/28/93  22      MINUTE ORDER of 1/28/93 by Hon. James F. Holderman :
                 Status hearing held; continued to 03/01/93 at 10 a.m.
                 Plaintiff granted to 02/11/93 to file an amended complaint.
                 No notice (is) [Entry date 01/28/93]


2/16/93  23      MOTION by plaintiff for extension of time to file
                 amendment to complaint (rm) [Entry date 02/18/93]


2/16/93  24      MINUTE ORDER of 2/16/93  by Hon. James F. Holderman :
                 Plaintiff's motion for extension of time to file an amended
                 complaint to 2/16/93 is granted [23-1]. Mailed notice (rm)
                 [Entry date 02/18/93]


2/16/93  25      FIRST AMENDED COMPLAINT [1-1] by plaintiff. (rm)
                 [Entry date 02/18/93]


2/16/93  26      MOTION by Gardean Env Co to extend time to file amendment
                 to complaint. (pg) [Entry date 02/19/93]


2/24/93  27      MINUTE ORDER of 2/24/93 by Hon. James F. Holderman :
                 Document 7 is moot. [7-1] No notice (pg)
                 [Entry date 02/26/93]


3/1/93   28      MINUTE ORDER of 3/1/93 by Hon. James F. Holderman: Status
                 hearing held; continued to 19 Mar. 93 at 10:00 a.m.
                 Responsive pleading to the amended complaint is due March
                 5, 1993.  Plaintiff's response to motion to strike is due
                 March 12, 1993. No notice (pg) [Entry date 03/03/93]


3/4/93   29      MOTION by Joseph Mazza, Joseph Abate to strike; Notice of
                 filing. (pg) [Entry date 03/12/93]


3/12/93  30      RESPONSE by Gardean Env Co  to motion of individual
                 defendants to strike reference to said defendants and of
                 defendant labor organization to strike the pendent state
                 claim from the complaint. [29-1] (pg) [Entry date 03/15/93]


3/18/93  31      MOTION by Local 225 Laborers Intl Un to dismiss the first
                 amended complaint; Notice of motion (pg)
                 [Entry date 03/19/93]


3/18/93  32      MEMORANDUM by Local 225 Laborers Intl Un  in support of
                 motion to dismiss the first amended complaint [31-1] (pg)
                 [Entry date 03/19/93]


3/18/93  33      MINUTE ORDER of 3/18/93 by Hon. James F. Holderman: Status
                 date of March 19, 1993 is stricken.  Plaintiff granted to
                 April 2, 1993 to file an answering brief to defendants'
                 motion to dismiss the first amended complaint.  Reply is
                 due April 16, 1993. Court will rule by mail.  Mailed notice
                 (pg) [Entry date 03/19/93]


3/22/93  34      AGREED MOTION to set a briefing schedule and to reset
                 status hearing. (pg) [Entry date 03/23/93]


4/7/93   35      MOTION by plaintiff for leave to file instanter memorandum
                 of plaintiff in opposition to motion to dismiss
                 (Exhibits). (pg) [Entry date 04/08/93]


4/7/93   36      MEMORANDUM by plaintiff in opposition to motion to dismiss
                 [31-1]. (pg) [Entry date 04/08/93]


4/7/93   37      MINUTE ORDER of 4/7/93 by Hon. James F. Holderman:
                 Plaintiff's motion for leave to file instanter memorandum
                 of plaintiff in opposition to motion to dismiss is granted.
                 [35-1] Defendants' reply is due April 21, 1993. Mailed
                 notice (pg) [Entry date 04/09/93]


4/21/93  38      REPLY by Local 225 Laborers Intl Un  to response to motion
                 to dismiss the first amended complaint [31-1]; notice of
                 filing. (pg) [Entry date 04/22/93]


7/29/93  39      MINUTE ORDER of 7/29/93  by Hon. James F. Holderman :
                 Finding the motion to set a briefing schedule [34-1]
                 moot., Finding the motion to reset status hearing [34-2]
                 moot. No notice (pg) [Entry date 07/30/93]


7/29/93  40      MINUTE ORDER of 7/29/93  by Hon. James F. Holderman :
                 Finding the motion to extend time to file amendment to
                 complaint [26-1]  moot. No notice (pg) [Entry date 07/30/93]


11/5/93  41      MEMORANDUM, OPINION, AND ORDER (nln) [Entry date 11/09/93]


11/5/93  42      MINUTE ORDER of 11/5/93  by Hon. James F. Holderman : Enter
                 memorandum opinion and order that defendants' motion to
                 dismiss count 1 is denied; [31-1] Granting defendants'
                 motion to strike previously dismissed counts 2 and 3...
                 [29-1]  Plaintiff is ordered to file a second amended
                 complaint on or before 11/19/93... Responsive pleadings are
                 due 12/10/93.  Parties are strongly urged to disucss
                 settlement and report on the status thereof on 12/16/93 at
                 10:00 a.m.  No notice (nln) [Entry date 11/09/93]


11/19/93 43      SECOND AMENDED COMPLAINT [25-1] by plaintiff Gardean Env Co
                 terminating defendant Joseph Abate, defendant Joseph Mazza
                 (ll) [Entry date 12/03/93]


12/2/93  44      ANSWER to second amended complaint; Notice of filing by
                 defendant Local 225 Laborers Intl Un (ll)
                 [Entry date 12/03/93]


12/6/93  45      MOTION by Local 225 Laborers Intl Un to strike certain
                 paragraphs of plaintiff's second amended complaint; Notice
                 of motion (mf) [Entry date 01/05/94]


12/6/93  46      MINUTE ORDER of 12/6/93 by Hon. James F. Holderman :
                 Defendant's motion to strike certain paragraphs of
                 plaintiff's second amended complaint [45-1] is entered and
                 continued to 12/23/93 at 10:00 a.m. Mailed notice (mf)
                 [Entry date 01/05/94]


12/23/93 47      MINUTE ORDER of 12/23/93  by Hon. James F. Holderman :
                 Status hearing held; continued to 4/25/94 at 10:00 a.m.
                 Plaintiff is granted to 1/18/94 to file answering brief to
                 defendant's motion to strike certain paragraphs of
                 plaintiff's second amended complaint [45-1]. Reply is due
                 1/25/94.  Discovery completion date is 4/25/94. No notice
                 (rm) [Entry date 01/13/94]


2/2/94   48      MOTION by defendant Local 225 Laborers Intl Un to close
                 briefing schedule and to rule on pleadings before the
                 court; Notice of motion. (vj) [Entry date 02/03/94]


2/2/94   49      MOTION by plaintiff Gardean Env Co for leave to file
                 opposition in open court with affirmation. (vj)
                 [Entry date 02/03/94]


2/2/94   50      MINUTE ORDER of 2/2/94 by Hon. James F. Holderman: Denying
                 defendant's motion to close briefing schedule [48-1].
                 Granting plaintiff's motion for leave to file opposition to
                 motion to strike in open court with affirmation [49-1].
                 Defendant's reply brief is due February 9, 1994. No notice
                 (vj) [Entry date 02/03/94]


2/2/94   51      MEMORANDUM by defendant Local 225 Laborers Intl Un in
                 opposition to defendant's motion to strike paragraphs
                 14(b), 18, 19 and part of plaintiff's prayer in its second
                 amended complaint [45-1]. (vj) [Entry date 02/03/94]


2/2/94   52      AFFIRMATION by J Charles Sheerin. (vj) [Entry date 02/03/94]


2/15/94  53      REPLY by defendant Local 225 Laborers Intl Un  to response
                 to motion to strike certain paragraphs of plaintiff's
                 second amended complaint [45-1] (Attachments); Notice of
                 filing. (cmf) [Entry date 02/16/94]


4/5/94   54      MINUTE ORDER of 4/5/94 by Hon. James F. Holderman: Granting
                 defendants' motion to strike [45-1] paragraphs 14(b), 18, 19
                 and request for attorneys' fees from the complaint. (See
                 reverse of minute order) No notice (vj)
                 [Entry date 04/06/94] [Edit date 04/06/94]


4/5/94   55      JOINT MOTION by plaintiff Gardean Env Co for an extension
                 of time to complete discovery; Notice of motion. (vj)
                 [Entry date 04/06/94]


4/5/94   56      MINUTE ORDER of 4/5/94 by Hon. James F. Holderman: Status
                 hearing set for 27 Jun 94 at 10:00 a.m. Granting joint
                 motion for an extension of time to complete discovery
                 [55-1] to June 27, 1994. No notice (vj)
                 [Entry date 04/06/94]


6/27/94  57      JOINT MOTION by plaintiff Gardean Env Co for enlargement
                 of the period for discovery. (vj) [Entry date 06/28/94]


6/27/94  58      MINUTE ORDER of 6/27/94 by Hon. James F. Holderman:
                 Status hearing held; continued to 25 Jul 94 at 10:00 a.m.
                 Granting joint motion for enlargement of the period for
                 discovery [57-1] to July 18, 1994. Mailed notice (vj)
                 [Entry date 06/28/94]


7/21/94  59      MINUTE ORDER of 7/21/94 by Hon. James F. Holderman: Finding
                 the motion to rule on pleadings before the court [48-2] is
                 moot. No notice (vj) [Entry date 07/22/94]


7/25/94  60      MINUTE ORDER of 7/25/94 by Hon. James F. Holderman:
                 Status hearing held; continued to 5 Aug 94 at 10:00 a.m.
                 Leave granted to depose Edwin Busca up to date of filing of
                 final pre-trial order. Mailed notice (vj)
                 [Entry date 07/26/94]


8/5/94   61      MINUTE ORDER of 8/5/94  by Hon. James F. Holderman :
                 Status hearing held; continued to 08/22/94 at 10 am. No
                 notice (is) [Entry date 08/08/94]


8/11/94  62      MINUTE ORDER of 8/11/94 by Hon. James F. Holderman: On
                 court's own motion, status hearing is reset from Aug. 22,
                 1994 to Sept. 2, 1994 at 10:00 a.m. Mailed notice (vj)
                 [Entry date 08/12/94]


9/2/94   63      MINUTE ORDER of 9/2/94 by Hon. James F. Holderman: Status
                 hearing held. Defendant granted to Sept. 12, 1994 to file
                 motion for summary judgment with supporting brief and rule
                 12(m) statement. Plaintiff's answering brief and Rule
                 12(n) statement are due Oct. 27, 1994.  Reply is due Nov.
                 10, 1994. Court will rule by mail.  Mailed notice (vj)
                 [Entry date 09/06/94]


9/12/94  64      MOTION by defendant Local 225 Laborers Intl Union for
                 summary judgment (ar) [Entry date 09/13/94]
                 [Edit date 09/13/94]


9/12/94  65      RULE 12(M) Statement of uncontested facts by defendant
                 Local 225 Laborers Intl Union (ar) [Entry date 09/13/94]


9/12/94  66      MEMORANDUM by defendant Local 225 Laborers Intl Union  in
                 support of entry of summary judgment [64-1] (Attachments)
                 (ar) [Entry date 09/13/94]


9/12/94  67      NOTICE of motion by defendant Local 225 Laborers Intl Union
                 regarding motion for summary judgment [64-1] (ar)
                 [Entry date 09/13/94]


9/13/94  68      MOTION by defendant Local 225 Laborers Intl Un for leave
                 to file memorandum in excess of 15 pages ; Notice of
                 motion (ar) [Entry date 09/15/94]


9/13/94  69      MINUTE ORDER of 9/13/94  by Hon. James F. Holderman :
                 Granting defendant's motion for leave to file memorandum in
                 excess of 15 pages [68-1].  Telephoned notice (ar)
                 [Entry date 09/15/94]


9/13/94  70      DEPOSITION EXCERPTS by defendant Local 225 Laborers Intl
                 Union in suport of defendants' motion for summary judgment
                 (Exhibits) (1 vol.) (ar) [Entry date 09/15/94]


11/1/94  71      MOTION by plaintiff for enlargement of time to file
                 response to defendant's motion for summary judgment ;
                 Notice of motion. (tlm) [Entry date 11/02/94]


11/1/94  72      MINUTE ORDER of 11/1/94 by Hon. James F. Holderman :
                 Plaintiff's motion for enlargement of time to file response
                 to defendant's motion for summary judgment [71-1] is
                 granted. [64-1] Reply is due 12/6/94. Telephoned notice (tlm)
                 [Entry date 11/02/94]


11/18/94 73      MOTION by plaintiff Gardean Env Co for further enlargement
                 of time to file response to defendant's motion for summary
                 judgment; Notice of motion (ar) [Entry date 11/21/94]


11/18/94 74      MINUTE ORDER of 11/18/94  by Hon. James F. Holderman :
                 Plaintiff's motion for further enlargement of time to file
                 response [73-1] to defendant's motion for summary judgment
                 motion for summary judgment [64-1] to 11/30/94 is granted.
                 Reply is due 12/16/94. Mailed notice (ar)
                 [Entry date 11/21/94]


12/2/94  75      MOTION by plaintiff Gardean Env Co for further enlargement
                 of time to file response to defendant's motion for summary
                 judgment; Notice of motion (ar) [Entry date 12/05/94]


12/2/94  76      MINUTE ORDER of 12/2/94  by Hon. James F. Holderman :
                 Plaintiff's motion for further enlargement of time [75-1]
                 to 12/14/94 to file response to defendant's motion for
                 summary judgment [64-1]. Reply is due 12/30/94. Telephoned
                 notice (ar) [Entry date 12/05/94]


12/16/94 77      MOTION by plaintiff Gardean Env Co for a final enlargement
                 of time to file response to defendant's motion for summary
                 judgment ; Notice of motion (ar) [Entry date 12/19/94]


12/16/94 78      MOTION by defendant Local 225 Laborers Intl Union to close
                 briefing schedule and to dismiss for want of prosecution
                 ; Notice of motion (ar) [Entry date 12/19/94]


12/16/94 82      MINUTE ORDER of 12/16/94  by Hon. James F. Holderman :
                 Defendant's motion to close briefing schedule [78-1] and to
                 dismiss for want of prosecution [78-2] is moot. Plaintiff's
                 motion for a final enlargement of time [77-1] to file
                 response to defendant's motion for summary judgment is
                 granted.  Reply to response to motion for summary judgment
                 [64-1] due 01/12/95. Mailed notice.  (Temporarily
                 unavailable for docketing). (ar) [Entry date 12/30/94]


12/23/94 79      EMERGENCY MOTION by plaintiff Gardean Env Co for leave to
                 its opposition to defendant's motion for summary judgment
                 on 12/27/94 ; Notice of motion (ar) [Entry date 12/27/94]


12/23/94 80      MOTION by defendant Local 225 Laborers Intl Un for
                 judgment on the pleadings made 12/16/94 ; Notice of motion
                 (ar) [Entry date 12/27/94]


12/23/94 81      MINUTE ORDER of 12/23/94  by Hon. Ruben Castillo :
                 Plaintiff's emergency motion for leave to its opposition to
                 defendant's motion for summary judgment on 12/27/94 [79-1]
                 and defendant's motion for judgment [80-1] are entered and
                 continued to 01/13/95 at 10:00 am before Judge Holderman.
                 Mailed notice (ar) [Entry date 12/27/94]


1/6/95   83      REPLY by defendant Local 225 Laborers Intl Un  in support
                 of the grant of summary judgment [64-1]; Notice of filing
                 (ar) [Entry date 01/09/95]


1/6/95   84      ADDITIONAL 12(M) STATEMENT by defendant Local 225 Laborers
                 Intl Un of uncontested facts [65-1] (ar)
                 [Entry date 01/09/95]


1/6/95   85      AFFIDAVIT of John J. Toomey regarding defendant's reply in
                 support of the grant of summary judgment [83-1] and
                 additional Rule 12(m) statement [84-1] (ar)
                 [Entry date 01/09/95]


1/13/95  86      MINUTE ORDER of 1/13/95  by Hon. James F. Holderman :
                 Defendant's motion for summary judgment [64-1] is granted.
                 Judgment is entered in favor of defendant.  All other
                 pending motions are denied: defendant's motion for judgment
                 on the pleadings [80-1] and plaintiff's motion for leave to
                 file its opposition to defendant's motion summary judgment
                 [79-1]. Terminating case. (See reverse of minute order).
                 Mailed notice (ar) [Entry date 01/17/95]


2/3/95   87      MINUTE ORDER of 2/3/95 by Hon. James F. Holderman :  Enter
                 judgment in a civil case. (ar) [Entry date 02/06/95]


2/3/95   88      ENTERED JUDGMENT (ar) [Entry date 02/06/95]


2/8/95   89      RULE 59(E) MOTION by plaintiff Gardean Env Co for court to
                 reconsider and amend its order granting summary judgment
                 ; Notice of filing (ar) [Entry date 02/09/95]


2/8/95   90      RULE 60(B) MOTION by plaintiff Gardean Env Co for court to
                 reconsider and for relief from its order granting summary
                 judgment ; Notice of filing (ar) [Entry date 02/09/95]


2/8/95   91      MEMORANDUM by plaintiff Gardean Env Co  in support of
                 plaintiff's Rule 60(b) motion for court to reconsider
                 [90-1] and for relief from its order granting summary
                 judgment [90-2] (ar) [Entry date 02/09/95]


2/13/95  92      RESPONSE by defendant Local 225 Laborers Intl Un to
                 Gardean's motion for court to reconsider brought pursuant
                 to F.R.C.P [89-1] and motion for court to reconsider and
                 60(B) [90-1] (Attachments); Notice of filing (nln)
                 [Entry date 02/14/95]


2/15/95  93      UNOPPOSED MOTION by plaintiff Gardean Env Co to reschedule
                 presentment of motion to strike ; Notice of unopposed
                 motion (ar) [Entry date 02/22/95]


2/17/95  94      MOTION by plaintiff Gardean Env Co to strike defendant's
                 motion to strike plaintiff's Rule 59 and 60 motions ;
                 Notice of motion (ar) [Entry date 02/22/95]


2/17/95  95      MOTION by defendant Local 225 Laborers Intl Un to strike
                 plaintiff's Rule 59(e) and 60(b) motions Notice of motion
                 (ar) [Entry date 02/22/95]


2/17/95  96      MINUTE ORDER of 2/17/95  by Hon. James F. Holderman :
                 Plaintiff's unopposed motion to reschedule presentment of
                 motion to strike [93-1] is granted.  Plaintiff's motion to
                 strike defendant's motion to strike plaintiff's Rule 59 and
                 60 motions [94-1] is moot. Defendant's motion to strike
                 plaintiff's Rule 59(e) and 60(b) motions [95-1] is denied.
                 Plaintiff is granted to 03/01/95 to file a reply brief up to
                 20 pages in length re its motions under Rule 59(e) [89-1]
                 [89-2] and Rule 60(b) [90-1] [90-2]. Court will rule by
                 mail.  Mailed notice (ar) [Entry date 02/22/95]
                 [Edit date 02/22/95]


3/6/95   97      TRANSCRIPT of proceedings for the following date(s):
                 11/02/92, 09/02/94, 12/16/94, 01/13/95 & 02/17/95  Before
                 Honorable James F. Holderman (5 vols. Nos. 97-I through
                 94-V). (tlm) [Entry date 03/07/95]


3/8/95   98      MINUTE ORDER of 3/8/95 by Hon. James F. Holderman :
                 Plaintiff's motion for leave to file instanter, its
                 memoranda supporting Rule 69(b) and Rule 59(e) motions is
                 denied due to lateness. The court has not read the briefs
                 and they are returned to plaintiff. Defendant's motions in
                 opposition to late filed brief seeking its denial; to file
                 sur-reply and to strike portions of brief impugning counsel
                 and suggesting Rule 11 violations now noticed up for
                 03/10/95 are moot. The court has not read these motions and
                 they are returned to defendant. The court will rule on the
                 pending motions by mail. Mailed notice (tlm)
                 [Entry date 03/10/95]


3/10/95  99      MINUTE ORDER of 3/10/95 by Hon. James F. Holderman : The
                 Court has reviewed the materials properly and timely filed
                 regarding plaintiff's counsel's motions under Rule 59 and
                 60. The Court did not consider any material filed after the
                 date of 03/01/95. No proper basis has been shown for
                 granting plaintiff's motions. Those motions for court to
                 reconsider and [89-1], [90-1] and for relief from its order
                 granting summary judgment [89-2], [90-2] are denied. For
                 the reasons previously stated in the court's 01/13/95
                 order, judgment is entered for defendant and this case is
                 dismissed it its entirety. Mailed notice (tlm)
                 [Entry date 03/15/95]


4/7/95   100     EX PARTE MOTION by plaintiff to enlarge time in which to
                 file notice of appeal (nln) [Entry date 04/10/95]


4/11/95  101     MINUTE ORDER of 4/11/95  by Hon. James F. Holderman :
                 Plaintiff's ex parte motion to enlarge time in which to
                 file notice of appeal to and including 05/09/95 is granted.
                 [100-1] Mailed notice (tlm) [Entry date 04/12/95]


4/11/95  102     TRANSCRIPT of proceedings for the following date(s):
                 12/23/94 before Honorable Ruben Castillo (One volume) (nln)
                 [Entry date 04/12/95]


5/5/95   103     TRANSCRIPT of proceedings for the following date(s):
                 03/08/95  Before Honorable James F. Holderman. (tlm)
                 [Entry date 05/09/95]


5/9/95   104     NOTICE OF APPEAL by plaintiff Gardean Env Co from motion
                 minute order [99-1], from judgment entered [88-1], from
                 motion minute order [87-1], from Scheduling order
                 Terminating case [86-1] ($105.00 PAID) (mk)
                 [Entry date 05/10/95]


5/9/95   105     LETTER regarding jurisdictional statement acknowledged by
                 counsel for plaintiff Gardean Env Co . (mk)
                 [Entry date 05/10/95]


5/10/95  --      TRANSMITTED: Short record on appeal to the 7th Circuit
                 comprising of transmittal letter, copy of notice of appeal,
                 Circuit Information Sheet, copy of orders entered 01/13/95,
                 02/03/95, 03/10/95, and copy of docket entries. (mk)
                 [Entry date 05/10/95]


5/10/95  --      MAILED: Copies of notice of appeal and Circuit Rule 10
                 letter to all counsel of record, with USCA 7th Circuit
                 transcript information sheet, and docket entries to J.
                 Charles Sheerin. (mk) [Entry date 05/10/95]


5/15/95  106     ACKNOWLEDGEMENT of receipt of short record on appeal  USCA
                 95-2115 (nln) [Entry date 05/15/95]


5/18/95  107     DESIGNATION by Local 225 Laborers Intl Un  of record on
                 appeal No. 95-2115. [104-1] (tlm) [Entry date 05/22/95]


5/19/95  108     DESIGNATION by Gardean Env Co  of record on appeal No.
                 95-2115 (Attachment). [104-1] (tlm) [Entry date 05/22/95]


5/19/95  109     SEVENTH CIRCUIT transcript information sheet by plaintiff
                 (tlm) [Entry date 05/22/95]


6/1/95   --      TRANSMITTED 06/01/95 complete record on appeal to USCA for
                 the 7th Circuit consisting of transmittal letter, one
                 volume of pleadings, seven volumes of transcripts, one
                 volume of loose pleadings, one volume of depositions and
                 certificates (95-2115). (ps) [Entry date 06/01/95]


6/1/95   --      MAILED: Copy of certificates and transmittal letter with
                 list of documents, regarding appeal [104-1] to counsel of
                 record. (ps) [Entry date 06/01/95]


7/11/95  110     CERTIFIED COPY of order from the USCA for the 7th Circuit
                 entered 07/10/95: It is ordered and adjudged Dismissing the
                 appeal No. 95-2115 pursuant to Feferal Rule of Appellate
                 Procedure 42(b); Notice of filing. [104-1] (tlm)
                 [Entry date 07/13/95]


9/17/97  111     LETTER from the 7th Circuit returning the record on appeal
                 no. 95-2115 consisting of 1 vol. pleadings, 1 loose
                 pleading, 7 vols. transripts and 1 vol depositions.
                 (Temporarily unavailable for docketing). (tlm)
                 [Entry date 10/03/97]



Case Flags:
TERMED
LEFKOW



END OF DOCKET: 1:92cv4545