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District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:04-cv-00985-PGC


Burke, et al v. UTA, et al
Assigned to: Judge Paul G. Cassell
Demand: $0
Case in other court: USCA 10th Circuit, 05-04222
Cause: 42:1983 Civil Rights Act

Date Filed: 10/22/2004
Jury Demand: Plaintiff
Nature of Suit: 790 Labor: Other
Jurisdiction: U.S. Government Defendant
Plaintiff
Lisa Burke
individually and on behalf of all others similarly situated
represented byDaniel G. Moquin
PO BOX 2802
TUBA CITY, AZ 86045
(928)283-3179
Email: dgmoquin@yahoo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mel S. Martin
5282 S COMMERCE DR STE D292
MURRAY, UT 84107
(801)263-1493
Email: lawoffice5282@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Edward T Wells
MEL S MARTIN PC
5282 S COMMERCE DR STE D292
MURRAY, UT 84124
(801)284-7278
Email: lawoffice5282@gmail.com
ATTORNEY TO BE NOTICED
Plaintiff
Michael Carper
individually and on behalf of all others similarly situated
represented byDaniel G. Moquin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mel S. Martin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Edward T Wells
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
Utah Transit Authority represented byScott A. Hagen
RAY QUINNEY & NEBEKER (SLC)
36 S STATE ST STE 1400
PO BOX 45385
SALT LAKE CITY, UT 84145-0385
(801)532-1500
Email: shagen@rqn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James S. Jardine
RAY QUINNEY & NEBEKER (SLC)
36 S STATE ST STE 1400
PO BOX 45385
SALT LAKE CITY, UT 84145-0385
(801)532-1500
Email: jjardine@rqn.com
ATTORNEY TO BE NOTICED

Lisa A. Yerkovich
RAY QUINNEY & NEBEKER (SLC)
36 S STATE ST STE 1400
PO BOX 45385
SALT LAKE CITY, UT 84145-0385
(801)532-1500
Email: lyerkovich@rqn.com
ATTORNEY TO BE NOTICED

Michael E. Blue
RAY QUINNEY & NEBEKER (SLC)
36 S STATE ST STE 1400
PO BOX 45385
SALT LAKE CITY, UT 84145-0385
(801)532-1500
Email: mblue@rqn.com
ATTORNEY TO BE NOTICED
Defendant
John Inglish
individually
represented byScott A. Hagen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

James S. Jardine
(See above for address)
ATTORNEY TO BE NOTICED

Lisa A. Yerkovich
(See above for address)
ATTORNEY TO BE NOTICED

Michael E. Blue
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Local 382 Amalgamated Transit Union represented byJoseph E Hatch
5295 S COMMERCE STE 200
MURRAY, UT 84107
(801)268-4042
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Labor, Dept of
United States
represented byCarlie Christensen
US ATTORNEY'S OFFICE (UT)
SALT LAKE CITY, UT 00000
(801)524-5682
Email: Carlie.Christensen@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Jeffrey D. Kahn
US DEPT OF JUSTICE
FEDERAL PROGRAMS BRANCH
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20530
(202)616-8474
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

10/22/20041Complaint filed, assigned to Judge Paul G. Cassell Receipt no.: 143632 (ekg) Additional attachment(s) added on 10/18/2005 by adding page 5 (ce, ). (Entered: 10/25/2004)
10/29/20042Return of summons executed as to UTA, John Inglish 10/25/04. Answer due on 11/15/04 for John Inglish, for UTA. (tsh) (Entered: 11/01/2004)
10/29/20043Return of summons executed as to Local 382 ATU 10/26/04. Answer due on 11/15/04 for Local 382 ATU. (tsh) (Entered: 11/01/2004)
11/12/20044Stipulation by Lisa Burke, Michael Carper, UTA, John Inglish to extend time until 12/01/04 for dfts UTA and John Inglish to answer or otherwise respond to plas' cmp (tsh) (Entered: 11/12/2004)
11/12/2004 Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed, faxed or emailed to plaintiff Lisa Burke, plaintiff Michael Carper, defendant UTA, defendant John Inglish (tsh) (Entered: 11/12/2004)
11/15/20045Order granting [4-1] stipulation motion to extend time until 12/01/04 for dfts UTA and John Inglish to answer or otherwise respond to plas' cmp, ' answer due set for 12/1/04 for John Inglish, for UTA Signed by Judge Paul G. Cassell , 11/15/04 cc:atty (tsh) (Entered: 11/16/2004)
11/15/20046Answer to Complaint by Local 382 ATU (tsh) (Entered: 11/16/2004)
11/15/2004 Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed, faxed or emailed to defendant Local 382 ATU (tsh) (Entered: 11/16/2004)
11/19/20047Certificate of election filed by defendant UTA, defendant John Inglish Refer to: normal litigation track (tsh) (Entered: 11/23/2004)
11/22/20048Certificate of election filed by plaintiff Lisa Burke, plaintiff Michael Carper Refer to: mediation (tsh) (Entered: 11/24/2004)
11/29/20049Notice of attorney appearance for Lisa Burke, Michael Carper by Daniel Moquin (tsh) (Entered: 12/01/2004)
11/29/200410Motion by Lisa Burke, Michael Carper for preliminary injunction (see file/image for details) (tsh) (Entered: 12/01/2004)
11/29/200411Memorandum by Lisa Burke, Michael Carper in support of [10-1] motion for preliminary injunction (see file/image for details) (tsh) (Entered: 12/01/2004)
11/29/200412Affidavit of Lisa Jeanne Burke [10-1] motion for preliminary injunction (tsh) (Entered: 12/01/2004)
12/03/200413Motion and Order signed by Judge Paul G. Cassell , 12/03/04 Granting motion/PHV for Attorney Jeffrey D. Kahn on behalf of defendant LABR cc:attys (tsh) (Entered: 12/06/2004)
12/07/200414Stipulation by Lisa Burke, Michael Carper, UTA, John Inglish to extend time until 12/22/04 for dfts UTA and John Inglish to respond to plas' cmp (tsh) (Entered: 12/09/2004)
12/09/200415Order granting [14-1] stipulation motion to extend time until 12/22/04 for dfts UTA and John Inglish to respond to plas' cmp, answer due set for 12/22/04 for John Inglish, for UTA signed by Judge Paul G. Cassell , 12/08/04 cc:atty (tsh) (Entered: 12/10/2004)
12/17/200416Motion by LABR for leave to file overlength memo/supp dft's anticipated Motion to Dismiss (tsh) (Entered: 12/21/2004)
12/22/200417Answer to Complaint by UTA, John Inglish (tsh) (Entered: 12/22/2004)
12/22/200418Memorandum by UTA, John Inglish in opposition to [10-1] motion for preliminary injunction (tsh) Modified on 12/22/2004 (Entered: 12/22/2004)
12/22/200419Declaration of Lucy Shipley (tsh) (Entered: 12/22/2004)
12/22/200420Declaration of Brenda Diederichs (tsh) (Entered: 12/22/2004)
12/22/200421Declaration of Gregg Fisher (tsh) (Entered: 12/22/2004)
12/22/200422Declaration of Yvonne Ogden (tsh) (Entered: 12/22/2004)
12/22/200423Declaration of Steve Booth (tsh) (Entered: 12/22/2004)
12/22/200424Declaration of Robert Escobar (tsh) (Entered: 12/22/2004)
12/22/200425Declaration of Jerry Benson (tsh) (Entered: 12/22/2004)
12/23/200426Motion by UTA, John Inglish for leave to file lengthy memo re: motion for preliminary inj (blk) (Entered: 12/28/2004)
12/23/200427Memorandum by UTA, John Inglish in support of [26-1] motion for leave to file lengthy memo re: motion for preliminary inj (blk) (Entered: 12/28/2004)
12/28/200428Motion by LABR to dismiss Count V of plas' cmp (tsh) (Entered: 12/29/2004)
12/28/200429Memorandum by LABR in support of [28-1] motion to dismiss Count V of plas' cmp (tsh) (Entered: 12/29/2004)
12/28/200430Memorandum by Local 382 ATU in opposition to [10-1] motion for preliminary injunction (tsh) (Entered: 12/29/2004)
01/03/200531Magistrate Notice of Hearing Initial Pretrial Conference set for 2:30 3/30/05 To be held before Judge Nuffer cc:atty ( Ntc generated by: DON's chambers) (tsh) (Entered: 01/03/2005)
01/03/200532Notice of Hearing filed : Motion hearing set for 10:30 1/24/05 for [10-1] motion for preliminary injunction (see file/image for details) To be held before Judge PGC cc:atty ( Ntc generated by: PGC's crtrm dep) (tsh) (Entered: 01/03/2005)
01/03/200533Order granting [26-1] motion for leave to file lengthy memo re: motion for preliminary inj signed by Judge Paul G. Cassell , 1/3/05 cc:atty (tsh) (Entered: 01/05/2005)
01/03/200534Order granting [16-1] motion for leave to file overlength memo/supp dft's anticipated Motion to Dismiss signed by Judge Paul G. Cassell , 1/3/05 cc:atty (tsh) (Entered: 01/05/2005)
01/04/200535Reply by Lisa Burke, Michael Carper to response to [10-1] motion for preliminary injunction (tsh) (Entered: 01/06/2005)
01/11/200536Memorandum by Lisa Burke, Michael Carper in opposition to [28-1] motion to dismiss Count V of plas' cmp (tsh) (Entered: 01/12/2005)
01/12/200537Return of service executed re: subpoena issued to John Webster, executed on 1/10/05. (tsh) (Entered: 01/13/2005)
01/24/200538Minute entry:This matter is before the Court on plaintiff Carper's motion for a preliminary injunction 10. Prior to the hearing, the Court provides counsel it's tentative ruling, which is to deny the motion. After hearing arguments, the Court takes the matter under advisement. A ruling will be issued shortly. terminated deadlines ; Judge: Paul Cassell Court Reporter: Laura Robinson Court Deputy: Trisha Little (tl) (Entered: 01/24/2005)
01/24/200539Reply by LABR to response to [28-1] motion to dismiss Count V of plas' cmp (tsh) (Entered: 01/25/2005)
01/24/200540Affidavit of Michael Lee Carper (tsh) (Entered: 01/25/2005)
01/24/200541Affidavit of Lisa Jeanne Burke (tsh) (Entered: 01/25/2005)
01/24/200542Return of service executed re: subpoena issued to Ard Howell, executed on 1/13/05. (tsh) (Entered: 01/25/2005)
01/25/200543Order denying [10-1] motion for preliminary injunction, signed by Judge Paul G. Cassell , 1/25/05 cc:atty (tsh) (Entered: 01/26/2005)
01/28/200544AMENDED Magistrate Notice of Hearing Initial Pretrial Conference reset for 2:30 4/13/05. Ptys to file atty planning meeting report by 3/31/05. To be held before Judge Nuffer cc:atty ( Ntc generated by: DON's chambers) (tsh) (Entered: 01/28/2005)
01/31/200545Notice of Hearing filed : Motion hearing set for 3:00 3/2/05 for [28-1] motion to dismiss Count V of plas' cmp To be held before Judge PGC cc:atty ( Ntc generated by: PGC's crtrm dep) (tsh) (Entered: 01/31/2005)
01/31/200546Motion by Lisa Burke, Michael Carper for preliminary injunction preventing UTA from continuing to recognize the ATU Local 382 as the bargaining representative for the TRAX employees (tsh) (Entered: 02/02/2005)
01/31/200547Memorandum by Lisa Burke, Michael Carper in support of [46-1] motion for preliminary injunction preventing UTA from continuing to recognize the ATU Local 382 as the bargaining representative for the TRAX employees (tsh) (Entered: 02/02/2005)
02/17/200548AMENDED Notice of Hearing filed : Motion hearing reset for 10:00 3/9/05 for [28-1] motion to dismiss Count V of plas' cmp To be held before Judge PGC cc:atty ( Ntc generated by: PGC's crtrm dep) (tsh) (Entered: 02/17/2005)
02/17/200549Memorandum by UTA, John Inglish in opposition to [46-1] motion for preliminary injunction preventing UTA from continuing to recognize the ATU Local 382 as the bargaining representative for the TRAX employees (tsh) (Entered: 02/22/2005)
02/27/200550Reply by Lisa Burke, Michael Carper to response to [46-1] motion for preliminary injunction preventing UTA from continuing to recognize the ATU Local 382 as the bargaining representative for the TRAX employees (tsh) (Entered: 02/28/2005)
03/01/200551Memorandum by Local 382 ATU in opposition to [46-1] motion for preliminary injunction preventing UTA from continuing to recognize the ATU Local 382 as the bargaining representative for the TRAX employees (tsh) (Entered: 03/03/2005)
03/01/200552Declaration of Steve Booth (tsh) (Entered: 03/03/2005)
03/08/200554Reply by Lisa Burke, Michael Carper to response to [46-1] motion for preliminary injunction preventing UTA from continuing to recognize the ATU Local 382 as the bargaining representative for the TRAX employees (tsh) (Entered: 03/10/2005)
03/09/200553Minute entry:, Counsel present. Court DENIES the motion for reconsideration of the denial of the preliminary injunction. Argument is presented with regard to motion to dismiss [28-1]. The court takes the matter under advisement and will issue a ruling shortly. UTA and Union will file any MSJ by 3/25/2005. Counsel will contact Judge Nuffer to vacate the IPT on 4/13/05. A hearing on any msj's will be held on May 20, 2005 at 3:00. status conference set for 3:00 5/20/05 ; Judge: Paul Cassell Court Reporter: Laura Robinson Court Deputy: Yvette Evans (Entered: 03/10/2005)
03/25/200555Motion by UTA, John Inglish for summary judgment dismissing all claims against dfts UTA and Inglish, with prejudice (tsh) (Entered: 03/28/2005)
03/25/200556Memorandum by UTA, John Inglish in support of [55-1] motion for summary judgment dismissing all claims against dfts UTA and Inglish, with prejudice (tsh) (Entered: 03/28/2005)
03/29/200557Motion by Lisa Burke, Michael Carper for partial summary judgment and for order requiring election to designate bargaining representative for Trax Employees (jmr) (Entered: 03/30/2005)
03/29/200558Memorandum by Lisa Burke, Michael Carper in support of [57-1] motion for partial summary judgment, [57-2] motion for order requiring election to designate bargaining representative for Trax Employees (jmr) (Entered: 03/30/2005)
03/29/200559Affidavit of Lisa Burke Re: (jmr) (Entered: 03/30/2005)
04/05/200560Motion by Lisa Burke, Michael Carper for a final order re: plas' motion for preliminary injunction (asp) (Entered: 04/05/2005)
04/06/200561Notice of Appeal by Lisa Burke, Michael Carper ; Fee Status: $255.00 PD ; Receipt No. 4681002877 ; appeals to the USCA for the Tenth Circuit from the Minute entry Entered: 03/10/05 (asp) (Entered: 04/07/2005)
04/07/200562Notice of appeal and certified copy of docket to USCA: [61-1] appeal ; appeal pkts mailed to counsel record (asp) (Entered: 04/07/2005)
04/07/200563Order granting [28-1] motion to dismiss Count V of plas' cmp signed by Judge Paul G. Cassell , 4/6/05 cc:atty (asp) (Entered: 04/08/2005)
04/15/200564Transcript requested by plaintiff Lisa Burke, plaintiff Michael Carper [61-1] appeal Transcript due 5/15/05 for dates of 01/24/05, 03/09/05 (asp) (Entered: 04/18/2005)
04/18/200565Notice of Docketing Appeal Letter from USCA Tenth Circuit Re: [61-1] appeal USCA NUMBER: 05-4079 (asp) (Entered: 04/19/2005)
04/19/200566Memorandum by Lisa Burke, Michael Carper in opposition to [55-1] motion for summary judgment dismissing all claims against dfts UTA and Inglish, with prejudice (asp) (Entered: 04/20/2005)
04/19/200567Affidavit of Daniel Moquin (asp) (Entered: 04/20/2005)
05/02/200568MEMORANDUM in Opposition re 57 Motion for Partial Summary Judgment and for order requiring election to designate bargaining representative for Trax Employees filed by Defendants Utah Transit Authority, John Inglish. (asp, ) (Entered: 05/03/2005)
05/02/200569DECLARATION of Lorin Simpson re 68 Memorandum in Opposition to Motion filed by Utah Transit Authority, John Inglish. (asp, ) (Entered: 05/03/2005)
05/06/200570REPLY to Response to Motion re 55 Motion for Summary Judgment filed by Defendants Utah Transit Authority, John Inglish. (asp, ) (Entered: 05/09/2005)
05/10/200571MEMORANDUM in Opposition re 57 Motion for Partial Summary Judgment, Motion for order requiring election to designate bargaining representative for Trax Employees filed by Defendant Local 382 Amalgamated Transit Union. (Attachments: # 1 Exhibit A pages 1-23# 2 Exhibit A pages 24-46)(asp) (Entered: 05/11/2005)
05/12/200572REPLY to Response to Motion re 57 Motion for Partial Summary Judgment, Motion for order requiring election to designate bargaining representative for Trax Employees filed by Plaintiffs Lisa Burke, Michael Carper. (asp) (Entered: 05/13/2005)
05/12/200573AFFIDAVIT of Lisa Burke filed by Lisa Burke, Michael Carper. (asp) (Entered: 05/13/2005)
05/16/200574REPLY to Response to Motion re 57 Motion for Partial Summary Judgment, Motion for order requiring election to designate bargaining representative for Trax Employees filed by Plaintiffs Lisa Burke, Michael Carper. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(asp) (Entered: 05/17/2005)
05/20/200575Minute Entry for proceedings held before Judge Paul G. Cassell : Motion Hearing held on 5/20/2005 re 57 Motion for Partial Summary Judgment, 55 Motion for Summary Judgment filed by Utah Transit Authority,, John Inglish. Prior to the hearing, the Court provides counsel with its tentative ruling which is to grant defendants motion for summary judgment, and deny plaintiffs motion for partial summary judgment. After hearing arguments, the Court allows briefing on the exhaustion of contractual remedies issue. Defendants brief is due 06/03/2005. Plaintiffs response is due 06/17/2005. taking under advisement 55 Motion for Summary Judgment, taking under advisement 57 Motion for Partial Summary Judgment, Attorney for Plaintiff: Daniel Moquin, Ed Wells, Attorney for Defendant Scot Hagan, Mike Blue, Jennifer Rigby, Joseph Hatch.(Court Reporter Laura Robinson.) (ttl, ) (Entered: 05/27/2005)
06/12/200576 Supplemental Summary Judgment BRIEF filed by Plaintiffs Lisa Burke, Michael Carper. (asp) (Entered: 06/13/2005)
06/13/200577SUPPLEMENTAL Memorandum on cross motions for summary Judgment, as requested by the court filed by Defendant Local 382 Amalgamated Transit Union. (kvs, ) (Entered: 06/15/2005)
06/21/200578NOTICE of Clarification of Position re: plas failure to exhaust remedies by Utah Transit Authority (kvs, ) (Entered: 06/22/2005)
06/23/200579**RESTRICTED DOCUMENT** TRANSCRIPT filed for dates of January 24, 2005(Motion Hearing) before Judge PAUL G. CASSELL, re 61 Notice of Appeal Court Reporter: Laura W. Robinson. (asp) (Entered: 06/23/2005)
06/23/200580**RESTRICTED DOCUMENT** TRANSCRIPT filed for dates of March 9, 2005(Motion Hearing) before Judge PAUL G. CASSELL, re 61 Notice of Appeal Court Reporter: Laura W. Robinson. (asp) (Entered: 06/23/2005)
06/24/200581Please be advised the Record is complete for purposes of appeal for USCA case number 05-4079 re 61 Notice of Appeal. (asp) (Entered: 06/24/2005)
08/14/200582 MOTION for leave to Amend/Correct 1 Complaint filed by Plaintiffs Lisa Burke, Michael Carper. (asp) (Entered: 08/15/2005)
08/14/200583MEMORANDUM in Support re 82 MOTION to Amend/Correct 1 Complaint filed by Plaintiffs Lisa Burke, Michael Carper. (asp) (Entered: 08/15/2005)
08/15/200584ORDER granting 55 Motion for Summary Judgment, denying 57 Motion for Partial Summary Judgment . Signed by Judge Paul G. Cassell on 8/15/05. CASE CLOSED(asp) (Entered: 08/15/2005)
08/22/200585NOTICE OF APPEAL as to 63 Order, 84 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment filed by Lisa Burke, Michael Carper. Appeals to the USCA for the Tenth Circuit. Fee Status: Paid. Filing fee $ 255, receipt number 4681005853. (asp) (Entered: 08/23/2005)
08/23/200586Transmission of Preliminary Record to USCA re 85 Notice of Appeal, as to Lisa Burke, Michael Carper; packets to counsel. (asp) (Entered: 08/23/2005)
08/24/200587**RESTRICTED DOCUMENT** TRANSCRIPT of Proceedings held on May 20, 2005(Motion for Summary Judgment) before Judge PAUL G. CASSELL. Court Reporter: Laura W. Robinson. (asp) (Entered: 08/24/2005)
08/29/200588USCA Case Number 05-4222 from USCA 10th Circuit for 85 Notice of Appeal, filed by Lisa Burke, Michael Carper,. (asp) (Entered: 08/30/2005)
10/11/200589NOTICE filed by Lisa Burke, Michael Carper that the necessary TRANSCRIPT was ordered previously in appeal no. 05-4079 for this re 85 Notice of Appeal, (asp) (Entered: 10/12/2005)
10/13/200590Please be advised the Record is complete for purposes of appeal for USCA case number 05-4222 re 85 Notice of Appeal,. (asp) (Entered: 10/13/2005)
10/18/200591Modification of Docket: Error: re 1 Complaint: Page 5 was omitted when the complaint was originally scanned. Correction: Page 5 has now been added to the complaint. (ce, ) (Entered: 10/18/2005)
11/17/200692MANDATE of USCA as to 61 Notice of Appeal filed by Lisa Burke, Michael Carper, 85 Notice of Appeal, filed by Lisa Burke, Michael Carper, According to the USCA the Decision of the USDC for the Dist of UT is AFFIRMED. Judgement included with mandate: Yes. (asp, ) (Entered: 11/27/2006)



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