Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

CMÆCF Live System, USCFC, District Document 25-4 Version 3.0.5 - Docket Report Case 1:07-cv-00271-RHH Filed 11/08/2007

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CLOSED, ECF

US Court of Federal Claims
United States Court of Federal Claims (COFC) CIVIL DOCKET FOR CASE #: 1 :03-cv-02489-EGB
MILLER et al v. USA Assigned to: Senior Judge Eric G. Bruggink
Demand: $0

Date Filed: 10/23/2003
Date Terminated: 11/21/2006

Jury Demand: None

Cause: 28:1491 Tucker Act

Nature of Suit: 512 Taking - Realty Jurisdiction: U.S. Government Defendant
represented by Mark Fernlund Hearne, II Lathrop & Gage 10 South Broadway The Equitable Building, Suite 1300 St. Louis, MO 63102-1708 (314) 613-2500 Fax: (314) 613-2550 Email: thornettIix.netcom.com LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Mark Fernlund Hearne, II (See above for address) LEAD ATTORNEY
A TTORNEY TO BE NOTICED

Plaintiff
DIANNE J. MILLER

Plaintiff
ROBERT N.and MILLER

and

Plaintiff
LISA M. SHANIKA For Themselves and As

Representatives of a Class of
Similar/y Situated Persons
V.

represented by Mark Fernlund Hearne, II (See above for address) LEAD ATTORNEY
A TTORNEY TO BE NOTICED

Defendant
USA

represented by Wiliam James Shapiro
U.S. Department of Justice Environment & Natural Resources Division 501 I Street

Room 9-700
Sacramento, CA 95814

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CMÆCF Live System, USCFC, District Document 25-4 Version 3.0.5 - Docket Report Case 1:07-cv-00271-RHH Filed 11/08/2007

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(916) 930-2207

Fax: (916) 930-2210 Email: willam.shapirotIusdoj.gov

LEAD ATTORNEY A TTORNEY TO BE NOTICED

Date Filed

#
1

Docket Text
COMPLAINT against USA (ICC) (Filing fee $150, Receipt number 059005), filed by DIANNE J. MILLER, ROBERT N.and MILLER and LISA M. SHANIKA.Answer Due by 12/22/2003.(dwl,) (Entered: 10/24/2003)

10/23/2003

1 0/23/2003

2 NOTICE of Assignment to Judge Mary Ellen Coster Williams.

(dwl, ), (Entered: 10/24/2003)
12/18/2003 12/18/2003
3
NOTICE of Appearance filed by William James Shapiro

for USA

Service: 12/18/03.(dls) (Entered: 12/19/2003)

4 MOTION for Extension of Time to File Answer re (1) Complaint Service: 12/18/03. (dls) (Entered: 12/19/2003)
until 1/21/2004 filed by USA

12/19/2003

5

ORDER granting (4) Motion for Extension

of Time to Answer.

Answer Due by 1/21/2004. (signed by the Acting Clerk) (dls) (Entered: 12/19/2003)

01/21/2004 01/28/2004

6 ANSWER to (1) Complaint by USAService: 1/21/2004. JPSR due by 3/15/2004.0cp, ) (Entered: 01/26/2004) 7 MOTION to Transfer This Matter From Judge Mary Ellen Coster Williams to Senior Judge Eric G. Bruggink by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA.Service: 1/26/2004. Response due by 2/12/2004. Ocp, ) (Entered: 02/03/2004) 8 ORDER REASSIGNING CASE. Pursuant to RCFC 40.1 (b), which

03/01/2004

permits transfers amojng judges to promote docket effciency as
well as for the "effcient administration of justice," without opposition from the Dft and with the agreement of the transferee judge, this case shall be transferred to Senior Judge Eric G. Bruggink for all further proceedings. Judge Mary Ellen Coster Williams no longer assigned to case. Signed by Judge Mary Ellen

Coster Willams. Ocp, ) (Entered: 03/03/2004) 03/01/2004
9 NOTICE of Reassignment to Senior Judge Eric G. Bruggink. Ocp, ) (Entered: 03/03/2004) 10 RESPONSE to (7) Pitts' MOTION to Transfer filed by USA (FILED BY LEAVE OF THE JUDGE) Service: 2/25/2004.0cp, ) (Entered:

03/01/2004

03/03/2004)

03/05/2004

11

MOTION to Certify Class Action and Memorandum in Support by

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DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA.Service: 3/4/2004. Response due by 3/22/2004. Ocp, ) (Entered: 03/08/2004)

03/23/2004

12 MOTION for Leave to File Dft's Response to Pitts' Motion to Certify Class Action One Day Out of Time by USA Service: 3/23/2004. Response due by 4/9/2004. Ocp, ) (Entered: 03/25/2004) 13 ORDER granting (12) Dft's Motion for Leave to File Dft's Response to Pitts' Motion to Certify Class Action Out of Time. Signed by Judge Eric G. Bruggink. Ocp, ) (Entered: 03/29/2004) 14 RESPONSE to (11) Pitts' MOTION to Certify Class Action filed by .

03/25/2004

03/25/2004

USA Reply due by 4/5/2004. Service: 3/22/2004.0cp, ) (Entered: 03/29/2004)
04/01/2004
15 STATUS CONFERENCE ORDER: A telephonic Status Conference wil be held Tuesday, 4/6/2004 10:00 AM before Senior Judge Eric G. Bruggink. Signed by Judge John P. Wiese for Judge Eric G. Bruggink. (VACATED PER ORDER OF

4/6/2004) Ocp, ) Modified on 4/8/2004 Ocp, ). (Entered: 04/05/2004)

04/06/2004

16 STATUS CONFERENCE ORDER: The court's order of 4/1/2004 is vacated. The telephonic Status Conference previously scheduled for 4/6/2004, will now be held Monday, 4/19/2004 02:30 PM before Senior Judge Eric G. Bruggink. Signed by Judge Eric G. Bruggink.

Ocp, ) (Entered: 04/08/2004)

04/20/2004

17 STATUS REPORT ORDER: The parties shall file a Joint Status Report on or before 5/11/2004. Signed by Judge Eric G. Bruggink.

Ocp, ) (Entered: 04/22/2004)

04/29/2004

Minute Entry for proceedings held before Judge Eric G. Bruggink : Status Conference held on 04/19/2004. (mkb, ) (Entered:

04/29/2004)

05/11/2004 05/11/2004 05/13/2004

18 PROPOSED SCHEDULING ORDER by all parties. Service: 5/11/2004.0cp, ) (Entered: 05/13/2004)

19 JOINT STATUS REPORT by all parties. Service: 5/11/2004.0cp, ) (Entered: 05/13/2004)

20 SCHEDULING ORDER: The List of Potential Propert Owners
shall be filed with the Court on or before 5/17/2004. On or before 6/18/2004, Class Counsel shal file with this Court an affdavit certifying that the mailing and publication has been made as provided for herein. On or before 8/20/2004, Class Counsel shall file an "Index," which shall assign a separate claim number to every propert for which an Entry of Appearance was filed. On or before 8/20/2004, Class Counsel shall file a "Claim Book," which shall be organizced according to claim number. Counsel for Dft
shall have until

1 0/22/2004, to challenge the ligibilty of any

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prospective class member by filing an objection to any class member based upon th Entry of Appearance. After 10/22/2004, the Court shall hold a status conference to determine further proceedings. Signed by Judge John P. Wiese. Ocp, ) (Entered:

05/17/2004)

05/14/2004

21

NOTICE of List of Potential Propert Owners by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. Service: 5/13/04.0at, ) (Entered: 05/17/2004)

OS/20/2004

22 TRANSCRIPT of Proceedings in One Volume held on 4/19/2004 before Judge Eric G. Bruggink. Ocp, ) (Entered: OS/21/2004) 23 AFFIDAVIT of Mark F. (Thor) Hearne, II re (20) Scheduling Order by DIANNE J. MILLER, ROBERT N. MILLER and LISA M. SHANIKA. Service: 6/17/04.(dwl) (Entered: 06/22/2004)

06/18/2004

06/22/2004

24 MOTION to Amend (specifically item 3) re: (20) Scheduling Order
by DIANNE J. MILLER, ROBERT N. MILLER and LISA M.
SHANIKA, by leave of

the Judge.Service: 6/17/04. Response due by 7/6/2004. (dwl) (Entered: 06/24/2004)

06/24/2004

25 ORDER granting (24) Motion to Amend Class Notification Scheduling Order of 5/13/04. A copy of the Notice shall be published four times in the following newspaper between 5/14/04 and 6/16/04: the Suburban Journal, targeted to South County. Signed by Judge Eric G. Bruggink. Oat, ) (Entered: 06/28/2004) 26 MOTION to Amend (20) Scheduling Order, by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANlKA. Service: 8/18/2004. Response due by 9/7/2004. Ocp, ) (Entered: 08/20/2004) 27 ORDER granting (26) Pitts' Motion to Amend the Class Notification

08/19/2004

08/20/2004

Scheduling Order of 5/13/2004. On or before 9/20/2004, Class
Counsel shall file an "Index" which shall assign a separate claim number to every property for which an Entry of Appearance was filed. On or before 9/20/2004, Class Counsel shall file a "Claim Book," Which shall be organized according to claim number. 11/22/2004, to challenge the Counsel for the Dft shall have until eligibility of any prospective class member by filing an objection to any class member based upon the Entry of Appearance. Signed by Judge Eric G. Bruggink. Ocp, ) (Entered: 08/23/2004)

09/20/2004

28 CLAIM INDEX by DIANNE J. MILLER, ROBERT N.and MILLER,
LISA M. SHANIKA. Service: 9/17/2004.0cp, ) (Entered:

09/22/2004)

09/20/2004

29 CLAIM BOOK by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. Service: 9/17/2004.0cp, ) (Entered:
09/22/2004 )

11/19/2004

30 MOTION to supplement claim book with two updated entries of appearance by DIANNE J. MILLER, ROBERT N.and MILLER and

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LISA M. SHANIKA.Service: 11/18/04. Response due by
12/6/2004. (dwl) (Entered: 11/23/2004)

11/22/2004
12/06/2004

31

NOTICE of No Challenges Based on Entries of Appearance by

USA Service: 11/22/2004.0cp, ) (Entered: 11/24/2004)
32 ORDER granting (30) Pits' 11/19/2004 Motion to Supplement Claim Book With Two Updated Entries of Appearance. Signed by Judge Eric G. Bruggink. Ocp, ) (Entered: 12/10/2004) 33 SCHEDULING ORDER: Status Conference set for 2/15/2005 10:30 AM before Senior Judge Eric G. Bruggink. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 02/11/2005) 34 STATUS CONFERENCE ORDER: Status Conference set for 3/11/2005 at 03:30 PM before Senior Judge Eric G. Bruggink. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 02/17/2005)
Set/Reset Transcript Deadlines: Transcript due by 3/15/2005.

02/09/2005

02/15/2005

02/24/2005 03/14/2005 03/28/2005 04/06/2005

(vpl, ) (Entered: 02/24/2005)
TRANSCRIPT of Proceedings held on 2/15/05 before Judge Eric J. Bruggink. (eph, ) (Entered: 03/15/2005)

35 STATUS REPORT ORDER: Status Report due by 4/6/2005. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 03/31/2005) 36 STATUS REPORT and MOTION to Stay The Proceedings, filed by USA Service: 4/6/2005. Response due by 4/25/2005.(mb2, ) (Entered: 04/08/2005) 37 MOTION for Extension of Time until 4/8/2005 to File Joint Status Report, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. Service: 4/72005. Response due by 4/25/2005. (mb2, ) (Entered: 04/12/2005) 38 ORDER granting (37) Motion for Extension of Time. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 04/18/2005) 39 STATUS REPORT by DIANNE J. MILLER, ROBERT N. MILLER. Service: 4/7/2005.(mb2, ) (Entered: 04/18/2005)

04/08/2005

04/14/2005 04/14/2005 04/15/2005

40 ORDER granting in part and denying in part (36) Motion to Stay.
Status Report due by 5/20/2005. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 04/19/2005)

OS/20/2005

41 JOINT STATUS REPORT, filed by all parties. (mb2, ) (Entered:

OS/26/2005)

05/31/2005

42 SCHEDULING ORDER: Class counsel for plaintiffs Cross Motions
due by 6/17/2005. Defendant's Dispositive Motion(s) due by 6/3/2005. Parties Status Report due by 6/3/2005. Signed by Senior Judge Eric G. Bruggink. (dw1) (Entered: 06/02/2005)

06/03/2005

43 JOINT STATUS REPORT, filed by all parties. Service: 6/3/2005.

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(mb2, ) (Entered: 06/08/2005)

06/03/2005

44 MOTION for Partial Summary Judgment (with separate Exhibit List), fied by USA Service: 6/3/2005. Dispositive Motion
Response due by 6/17/2005.(mb2, ) (Entered: 06/08/2005)

06/03/2005

45 PROPOSED FINDINGS of Uncontroverted Fact RE: (44) MOTION
for Partial Summary Judgment, filed by USA. Service: 6/3/2005. (mb2, ) (Entered: 06/08/2005)

06/10/2005 06/13/2005 06/24/2005

46 JOINT STATUS REPORT, filed by all parties. Service: 6/10/2005.
(mb2, ) (Entered: 06/15/2005)

47 NOTICE of Change of Address by William James Shapiro.
Service: 6/13/2005.(mb2, ) (Entered: 06/16/2005)

48 MOTION for Extension of Time until 7/1/2005 to File Response as
to (44) MOTION for Partial Summary Judgment, filed by DIANNE J. MILLER. Service: 6/23/2005. Response due by 7/11/2005. (mb2, ) (Entered: 06/27/2005)

06/29/2005

49 STATUS REPORT, filed by USA (FILED BY LEAVE OF THE
JUDGE) Service: 6/27/2005.(mb2, ) Modified to correct filer on 6/30/2005 (mb2, ). (Entered: 06/30/2005)

06/29/2005

50 MOTION for Leave to File Status Report out of time, filed by USA (FILED BY LEAVE OF THE JUDGE) Service: 6/27/2005. Response due by 7/14/2005. (mb2, ) Modified to correct filer on 6/30/2005 (mb2, ). (Entered: 06/30/2005)
51

06/29/2005

ORDER granting (50) Motion for Leave to File Status Report out of time. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered:

06/30/2005)

06/29/2005

52 ORDER granting (48) Motion for Extension of Time to File Response re (44) MOTION for Partial Summary Judgment. Cross Motion and Response due by 7/1/2005. Response and Reply due by 7/22/2005. Reply due by 8/5/2005. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 06/30/2005)

06/30/2005 07/05/2005

Set/Reset Transcript Deadlines: Transcript due by 8/1/2005.

(vpl, ) (Entered: 06/30/2005)
53 CROSS MOTION and RESPONSE (with separate exhibits) to (44) Motion for Partial Summary Judgment filed by USA, filed by DIANNE J. MILLER. (FILED BY LEAVE OF THE JUDGE) Service: 6/30/2005. Dispositive Motion Response due by 7/22/2005. (mb2, ) Modified on 7/6/2005 (mb2, ). (Entered: 07/06/2005)
54 RESPONSE to (45) PROPOSED FINDINGS of Uncontroverted Fact, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. (FILED BY LEAVE OF THE JUDGE) Service: 6/30/2005.(mb2, ) (Entered: 07/08/2005)

07/05/2005

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55 RESPONSE to (53) CROSS MOTION and reply to RESPONSE to (44) Motion for Partial Summary Judgment filed by USA, Reply due by 8/1/2005. Service: 7/14/2005.(mb2, ) (Entered: 07/20/2005) 56 RESPONSE to PROPOSED FINDINGS of Uncontroverted Fact,

07/15/2005 07/28/2005

filed by USA Service: 7/15/2005.(mb2, ) (Entered: 07/20/2005)
57 REPLY to Response to Motion re (53) CROSS MOTION and RESPONSE to (44) Motion for Partial Summary Judgment filed by USA, filed by DIANNE J. MILLER. (FILED BY LEAVE OFTHE JUDGE) Service: 7/22/2005.(mb2, ) (Entered: 07/29/2005)
TRANSCRIPT (Pgl-16) of Proceedings held on 8/1/05 before Judge Eric G. Bruggink. (eph, ) (Entered: 08/03/2005)
58 JOINT STATUS REPORT and JOINT CASE MANAGEMENT PLAN by DIANNE J. MILLER, ROBERT N.and MILLER and LISA M. SHANIKA. Service: 8/2/05.(dwl) (Entered: 08/11/2005)

08/01/2005 08/10/2005

08/11/2005

59 STATUS REPORT ORDER: Joint Status Report due by 10/31/2005. Signed by Senior Judge Eric G. Bruggink. (dwl) (Entered: 08/11/2005)

08/16/2005

60 MOTION to Dismiss pursuant to Rule 12(b)(1), filed by
USA Service: 8/15/2005. Dispositive Motion Response due by 9/15/2005.(mb2, ) (Entered: 08/18/2005)

08/31/2005

61

RESPONSE to (60) MOTION to Dismiss pursuant to Rule 12(b)(1) and MOTION in the Alternative, filed by DIANNE J. MILLER. (FILED BY LEAVE OF THE JUDGE) Reply due by 9/12/2005. Service: 8/26/2005.(mb2, ) (Entered: 09/01/2005)

08/31/2005

62 PUBLISHED OPINION on (53) CROSS MOTION and RESPONSE to (44) Motion for Partial Summary Judgment filed by USA, filed by DIANNE J. MILLER, (44) MOTION for Partial Summary Judgment filed by USA Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 09/01/2005)

09/16/2005

63 REPLY to Response to Motion re (60) MOTION to Dismiss pursuant to Rule 12(b)(1), filed by USA (FILED BY LEAVE OF
THE JUDGE) Service: 9/13/2005.(mb2, ) Modified on 9/20/2005 (mb2, ). (Entered: 09/20/2005)

09/23/2005

64 SUPPLEMENTAL CLAIM INDEX by DIANNE J. MILLER,
ROBERT N.and MILLER and LISA M. SHANIKA, by leave of the
Judge. Service: 9/19/2005.(dwl) (Entered: 09/26/2005)

10/11/2005

65 MOTION for Reconsideration re (62) Published Opinion, filed by
DIANNE J. MILLER. (FILED BY LEAVE OF THE JUDGE) Service: 9/27/2005. Response due by 10/14/2005. (mb2, ) (Entered:

10/12/2005)

10/13/2005

66 MOTION to Amend (59) Status Report Order, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. (FILED BY

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LEAVE OF THE JUDGE) Service: 10/6/2005. Response due by
10/24/2005. (mb2,) (Entered: 10/17/2005)

10/13/2005

67 MOTION to Amend Class, filed by DIANNE J. MILLER, ROBERT
N.and MILLER, LISA M. SHANIKA. (FILED BY LEAVE OF THE JUDGE) Service: 10/6/2005. Response due by 10/24/2005.

(mb2, ) (Entered: 10/17/2005) .
10/18/2005
68 ORDER Setting Hearing on Motion (60) MOTION to Dismiss
pursuant to Rule 12(b)(1): Oral Argument set for 8/16/2005 at 10:00 AM in National Courts Building before Senior Judge Eric G. Bruggink. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered:

10/20/2005)

.

10/25/2005 11/02/2005

Set/Reset Transcript Deadlines: Transcript due by 11/25/2005.

(vpl, ) (Entered: 10/25/2005)
69 ORDER granting (60) Motion to Dismiss - Rule 12(b)(1), denying (65) Motion for Reconsideration, granting (66) Motion to Amend Order, granting (67) Motion to Amend the Class. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 11/07/2005) 70 MOTION for Partial Summary Judgment as to the Appropriate Interest Rate Necessary to Calculate "Just Compensation", filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. Service: 11/72005. Dispositive Motion Response due by 12/8/2005.(mb2, ) (Entered: 11/09/2005)
71

11/08/2005

11/08/2005

PROPOSED FINDINGS of Uncontroverted Fact RE: (70) MOTION for Partial Summary Judgment, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. Service: 11/7/2005. (mb2, ) (Entered: 11/09/2005)

11/15/2005

72 MOTION to Amend Entries of Appearance for Existing Claims 20, 30 and 73, Consent to Dismissal of Existing Claim 33 as Substituted by Supplemental Claim 79 and Withdrawal of Claim 92 , filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. (FILED BY LEAVE OF THE JUDGE) Service: 11/2/2005. Response due by 11/21/2005. (mb2, ) (Entered: 11/16/2005) 73 ORDER denying as moot (72) Motion to Amend Entries of Appearance for Existing Claims 20, 30 and 73, Consent to Dismissal of Existing Claim 33 as Substituted by Supplemental Claim 79 and Withdrawal of Claim 92. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 11/16/2005) 75 MOTION to Stay Briefing on Plaintiffs' Motion for Partial Summary

11/15/2005

11/23/2005

Judgment, filed by USA Service: 11/25/2005. Response due by
12/12/2005. (mb2, ) (Entered: 11/29/2005)

11/28/2005

74 TRANSCRIPT of Proceedings held on October 25, 2005 before
Senior Judge Eric G. Bruggink. (dw1) (Entered: 11/29/2005)

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Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 03/13/2006)

03/13/2006

90 MOTION to Lift Stay, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. Service: 3/10/2006. Response due by 3/27/2006. (mb2, ) (Entered: 03/15/2006)
91

03/21/2006

JOINT STATUS REPORT, filed by all parties. (FILED BY LEAVE OF THE JUDGE) Service: 3/17/2006.(mb2, ) (Entered:

03/22/2006)

03/23/2006 03/27/2006 03/31/2006

92 STATUS REPORT ORDER: Status Report due by 4/1912006. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 03/27/2006) 93 RESPONSE to (90) MOTION to Lift Stay, filed by USA Reply due by 4/10/2006. Service: 3/27/2006.(mb2, ) (Entered: 03/29/2006) 94 STATUS CONFERENCE ORDER: Status Conference set for 4/3/2006 at 2:30 PM before Senior Judge Eric G. Bruggink. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 04/04/2006) 95 STATUS CONFERENCE ORDER: Status Conference set for

04/04/2006

4/19/2006 at 2:30 PM before Senior Judge Eric G. Bruggink.
Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 04/06/2006)

04/20/2006

96 STATUS CONFERENCE ORDER: Status Conference set for

5/12/2006 at 2:30 PM before Senior Judge Eric G. Bruggink.
Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 04/25/2006)

05/17/2006 05/17/2006

97 ORDER granting (90) Motion Lifting Stay. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: OS/24/2006)
Set Deadlines: Response due by 6/2/2006. Reply due by 6/16/2006. Joint Status Report due by 6/12/2006. (mb2, ) (Entered: OS/24/2006)

06/02/2006

98 PROPOSED FINDINGS of Uncontroverted Fact RE: (70) MOTION for Partial Summary Judgment, filed by USA. Service: 6/2/2006. (lid, ) (Entered: 06/07/2006) 99 RESPONSE to (71) PROPOSED FINDINGS of Uncontroverted

06/02/2006 06/02/2006

Fact, filed by USA Service: 6/2/2006.(lId, ) (Entered: 06/07/2006)
100 CROSS MOTION and RESPONSE to (70) Motion for Partial Summary Judgment, filed by DIANNE J. MILLER" ROBERT N.and MILLER" LISA M. SHANIKA, , filed by USA Service: 6/2/2006.Response due by 6/16/2006.(IId, ) (Entered: 06/07/2006)
101

06/09/2006

SCHEDULING ORDER:Response due by 7/5/2006. Reply due by 7/24/2006. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 06/12/2006)

06/12/2006

102 JOINT STATUS REPORT, filed by all parties. Service: 6/12/2006. (mb2, ) (Entered: 06/13/2006)

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06/19/2006

103 MOTION to Amend Schedule re: (101) Scheduling Order, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. Service: 6/16/2006.Response due by 7/3/2006.(mb2, ) (Entered: 06/20/2006)
104 RESPONSE and reply (with two volume appendix) to (100) CROSS MOTION and RESPONSE to (70) Motion for Partial Summary Judgment, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. (FILED BY LEAVE OF THE JUDGE)

07/05/2006

Reply due by 7/20/2006. Service: 7/3/2006.(mb2, ) (Entered: 07/07/2006)
07/05/2006
105 RESPONSE to (98) PROPOSED FINDINGS of Uncontroverted Fact, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. (FILED BY LEAVE OF THE JUDGE) Service: 7/3/2006.(mb2, ) (Entered: 07/07/2006) 106 PROPOSED ADDITIONAL FACTS re: (70) Motion for Partial Summary Judgment, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. (FILED BY LEAVE OFTHE JUDGE) Service: 7/3/2006.(mb2, ) (Entered: 07/07/2006)

07/05/2006

07/05/2006

107 ORDER denying (103) Motion to Shorten Time. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 07/07/2006) 108 ORDER DENYING defendant's July 10, 2006, motion to strike or, in the alternative, motion for extension of time; and permitting defendant's reply to exceed the page limit by 34 pages. Signed by Judge Eric G. Bruggink. (dls) (Entered: 07/14/2006) 109 OPPOSITION to plaintiffs' motion for leave to exceed the page limit, and MOTION to Strike or, in the alternative for enlargement of time (to August 21, 2006) to file its reply memorandum filed by Response due by USA (by leave of the judge). Service: 7/1 0/06.

0711/2006

07/13/2006

7/27/2006.(dls) (Entered: 07/14/2006)
07/24/2006
110 REPL Y to Response to Motion re (100) CROSS MOTION and RESPONSE to (70) Motion for Partial Summary Judgment, filed by DIANNE J. MILLER" ROBERT N.and MILLER" LISA M. SHANIKA, , filed by USA Service: 7/24/2006.(mb2, ) (Entered: 07/25/2006)
111

07/24/2006 07/27/2006

RESPONSE to (106) Proposed Additional Facts, filed by USA
Service: 7/24/2006.(mb2, ) (Entered: 07/25/2006)

112 ORDER Setting Hearing on Motion (70) MOTION for Partial Summary Judgment, (100) CROSS MOTION and RESPONSE to (70) Motion for Partial Summary Judgment: Oral Argument set

for 8/10/2006 at 2:00 PM in National Courts Building before Senior Judge Eric G. Bruggink. Signed by Judge Eric G.
Bruggink. (mb2, ) (Entered: 07/27/2006)

08/10/2006

Set/Reset Transcript Deadlines: Transcript due by 9/11/2006.

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(vpl, ) (Entered: 08/10/2006)
08/22/2006
113 ORDER granting in part (70) Motion for Partial Summary Judgment, denying (100) Cross Motion. Status Report due by 9/15/2006. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered:

08/22/2006)

08/24/2006

114 TRANSCRIPT of Proceedings (pages 1-47) held on August 10, 2006 before Sr. Judge Eric G. Bruggink. (dwl) (Entered: 08/24/2006) 115 ORDER directing the Clerk to designate this case as an electronic (ECF) case. All future filings will be in electronic form. Signed by Judge Eric G. Bruggink. (mb2, ) (Entered: 08/25/2006) 116 NOTICE of Designation of Electronic Case. (mb2, ) (Entered: 08/25/2006)

08/25/2006

08/25/2006
1 0/02/2006

STATUS CONFERENCE ORDER: Status Conference set for Friday,10/6/2006 02:30 PM Eastern (1:30 p.m. Central; 11:30 a.m. Pacific) in Chambers (Telephonic) before Senior Judge Eric G. Bruggink. Signed by Judge Eric G. Bruggink. (mkb, )
(Entered: 10/02/2006)

10/11/2006 10/11/2006 11/03/2006

Set/Reset Transcript Deadlines: Transcript due by 11/6/2006.

(vp1, ) (Ente~ed: 10/11/2006)
Set/Reset Transcript Deadlines: Transcript due by 11/6/2006.

(vpl, ) (Entered: 10/11/2006)
118 TRANSCRIPT of Proceedings (pages 1-12) held on October 6, 2006 before Senior Judge Eric G. Bruggink. (dwl) (Entered:

11/08/2006)

11/06/2006

117 SCHEDULING ORDER:Response due on or before noon on
11/13/2006. Fairness hearing setfor 11/15/2006 09:00 AM in

plaintiffs' counsel's office before Senior Judge Eric G.
Bruggink. Signed by Judge Eric G. Bruggink. (cI2, ) (Entered:

11/06/2006)

11/13/2006

119 MEMORANDUM, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHAN1KA. (Attachments: # 1 Exhibit 1# i Exhibit 2# ~ Exhibit 3# 1 Exhibit 4# Q Exhibit 5# Q Exhibit 6# Z Exhibit 7)
(Hearne, Mark) (Entered: 11/13/2006)

11/14/2006

120 AMENDED MEMORANDUM, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. (Attachments: # 1
Exhibit 1# i Exhibit 2# ~ Exhibit 3# 1 Exhibit 4# Q Exhibit 5# Q

Errata 6# Z Exhibit 7)(Hearne, Mark) Modified on 11/15/2006to indicate this is an amended memorandum. (dls ). (Entered:

11/14/2006)

11/15/2006

121

NOTICE, filed by all plaintiffs re 119 Memorandum of Law in Support of Settement (Hearne, Mark) (Entered: 11/15/2006)

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122 SETTLEMENT AGREEMENT Filng Memorandum, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA. (Attachments: # 1 Proposed Settlement)(Hearne, Mark) (Entered:

11/15/2006)

11/15/2006

123 NOTICE, filed by DIANNE J. MILLER, ROBERT N.and MILLER, LISA M. SHANIKA Filng Memorandum (Attachments: # 1 Exhibit Consents for Claims 1 through 46# 2 Exhibit Consents for Claims 47 through 79# J Exhibit Consents for Claims 81 through 116# 1 Exhibit Objection by James Reid# ~ Exhibit Objection by Warren Peterson# Q Exhibit Chart Noting Objections and Consents for

Each Claim)(Hearne, Mark) (Entered: 11/15/2006)
11/17/2006 11/17/2006
11/21/2006
124 UNPUBLISHED ORDER. The Clerk is directed to enter judgment. Signed by Judge Eric G. Bruggink. (cl2, ) (Entered: 11/17/2006)
Set/Reset Transcript Deadlines: Transcript due by 12/15/2006.

(vp1, ) (Entered: 11/17/2006)
125 NOTICE, fied by all plaintiffs Filing Consent of James S. Reid (Attachments: # 1 Exhibit James S. Reid Consent to Settlement and Release of Claims)(Hearne, Mark) (Entered: 11/21/2006)
126 JUDGMENT entered, pursuant to Rule 58, that plaintiffs recover of and from the United States the total sum of $8,151,682.73 consisting of principal, interest, URA attorney fee reimbursement, and expenses. Counsel may, prior to distribution to class members of the balance in the proportion set out in the settlement proposal, recover from the total judgment, attorney fees of $2,500,000.00, along with $30,000.00 in expenses. The net payment of compensation to the class members will then be adjusted proportionately. No costs. (dls) (Entered: 11/21/2006) 127 NOTICE, filed by all plaintiffs Notice of Filng Consent and Waiver of Warren John Peterson (Attachments: # 1 Exhibit Warren Peterson Consent and Waiver)(Hearne, Mark) (Entered:

11/21/2006

11/29/2006

11/29/2006)

12/15/2006

128 TRANSCRIPT of Proceedings (pages 1-75) held on November 15, 2006 before Senior Judge Eric G. Bruggink. (dwl) (Entered:

12/18/2006)

12/18/2006

129 CERTIFIED TRANSCRIPT OF JUDGMENT, dated November 21, 2006, forwarded to Mark Fernlund Hearne, II. See letter in file. (bre,) (Entered: 12/21/2006)

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