Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02307-RPM Document 95-3

Filed 05/02/2007

Page 1 of 11 Page 1 of 11 APPEAL, TERMED

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:03-cv-02307-RPM Internal Use Only

Mowry v. United Parcel Serv Assigned to: Judge Richard P. Matsch Demand: $0 Case in other court: 04-01092 Adams Cty Dist Ct, 03-CV-3298 Cause: 28:1441 Petition for Removal - Employment Discrim Plaintiff Stanley C. Mowry

Date Filed: 11/19/2003 Date Terminated: 03/05/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: Federal Question

represented by Stefan Kazmierski Roseman & Kazmierski, LLC 1120 Lincoln Street #1607 Denver, CO 80203-2141 303-839-1771 Fax: 303-861-9214 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant United Parcel Service actually reads United Parcel Service Co. represented by Emily Hobbs-Wright Holland & Hart, LLP-Denver P.O. Box 8749 555 17th Street #3200 Denver, CO 80201-8749 303-295-8000 Fax: 303-672-6505 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jose Antonio Ramirez Holland & Hart, LLP-Greenwood Village CO 8390 East Crescent Parkway #400 Greenwood Village, CO 80111-2800

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02307-RPM Document 95-3

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303-290-1605 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Judith A. Biggs Holland & Hart, LLP-Boulder CO 1800 Broadway One Boulder Plaza #300 Boulder, CO 80302 303-473-2700 Fax: 303-473-2720 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Rebecca B. DeCook Holland & Hart, LLP-Greenwood Village CO 8390 East Crescent Parkway #400 Greenwood Village, CO 80111-2800 303-290-1085 Fax: 303-290-1606 Email: [email protected] ATTORNEY TO BE NOTICED Vivian Margaret Barrios Holland & Hart, LLP-Denver P.O. Box 8749 555 17th Street #3200 Denver, CO 80201-8749 303-295-8028 Fax: 303-291-9099 Email: [email protected] ATTORNEY TO BE NOTICED

Date Filed 11/19/2003 11/19/2003 11/19/2003

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Docket Text 1 NOTICE OF REMOVAL from Adams Cty Dist Court Case Number: 03CV-3298 (bpm) (Entered: 11/20/2003) COMPLAINT and jury demand (bpm) (Entered: 11/20/2003) 2 MOTION by defendant to extend time to answer Complaint or otherwise respond; extended to: 12/10/03 and certificate of compliance with Local Rules 6.1 and 7.1 (bpm) (Entered: 11/20/2003)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02307-RPM Document 95-3

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FILING FEE PAID: on 11/19/03 in the amount of $ 150, receipt # 247845. (bpm) (Entered: 11/20/2003) 3 MINUTE ORDER : by Judge Richard P. Matsch granting motion by dft to extend time to answer complaint to 12/10/03 [2-1] (cc: all counsel) ; entry date : 11/24/03 (lam) (Entered: 11/24/2003) 4 Certificate of Service in Compliance with Local Rule 72.2, FRCvP 73 and 28 USC section 636(c) by defendant United Parcel Serv (lam) (Entered: 11/28/2003) 5 Unopposed MOTION by defendant United Parcel Serv to extend time to answer or otherwise respond to 12/17/03 (lam) (Entered: 12/10/2003) 6 MINUTE ORDER : by Judge Richard P. Matsch granting motion by dft to extend time to answer or otherwise respond to 12/17/03 [5-1] (cc: all counsel) ; entry date : 12/11/03 (lam) (Entered: 12/11/2003) 7 MOTION by defendant United Parcel Serv to dismiss purs to FRCvP 12 (b)(1) and (6) (lam) (Entered: 12/18/2003) 8 Unopposed MOTION by plaintiff Stanley C. Mowry to extend time to respond to UPS' mtn to dismiss all claims (lam) (Entered: 01/06/2004) 9 NOTICE OF CONSENT OF ELECTRONIC SERVICE by plaintiff Stanley C. Mowry (lam) (Entered: 01/06/2004) 10 MINUTE ORDER : by Judge Richard P. Matsch granting motion to extend time to respond to UPS' mtn to dismiss all claims [8-1], regarding [7-1] motion to dismiss purs to FRCvP 12(b)(1) and (6); response due by 1/29/04 (cc: all counsel) ; entry date : 1/9/04 (dlb) (Entered: 01/09/2004) 11 RESPONSE by plaintiff Stanley C. Mowry to motion to dismiss purs to FRCvP 12(b)(1) and (6) [7-1] (lam) (Entered: 01/30/2004) 12 Unopposed MOTION by defendant United Parcel Serv for extension of time to reply to pla's response to motion to dismiss all claims up to and including 2/25/04 and certificate of compliance with LR 6.1 and 7.1 (pap) (Entered: 02/12/2004) 13 MINUTE ORDER : by Judge Richard P. Matsch granting motion by dft for extension of time to reply to pla's response to motion to dismiss all claims up to and including 2/25/04 [12-1] (cc: all counsel) ; entry date : 2/17/04 (lam) (Entered: 02/17/2004) 14 REPLY Brief by defendant United Parcel Serv in support of its motion to dismiss purs to FRCvP 12(b)(1) and (6) [7-1] (lam) (Entered: 02/26/2004) 15 ORDER of Dismissal by Judge Richard P. Matsch (cc: all counsel) ; entry date : 2/27/04 (pap) (Entered: 02/27/2004) 16 JUDGMENT: by Deputy Clerk Glenna Drake re: [15-1] order, granting dft's motion to dismiss purs to FRCvP 12(b)(1) and (6) [7-1] dismissing case with prejudice (cc: all counsel) ; entry date : 2/27/04 (pap) (Entered:

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02307-RPM Document 95-3

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02/27/2004) 03/16/2004 17 NOTICE OF APPEAL by plaintiff re: order [15-1] filed 2/26/04 and judgment [16-2] filed 2/27/04; Notice of transcript order form due 3/26/04; Notice mailed to all counsel on 3/16/04 (msn) (Entered: 03/16/2004) $250.00 fee and $5.00 fee paid. Receipt No 250435. re: appeal [17-1] (msn) (Entered: 03/16/2004) 18 NOTIFICATION by Circuit Court of assignment of Case No. [17-1] 041092 (gms) (Entered: 03/17/2004) 19 NOTICE OF TRANSCRIPT ORDER FORM filed by plaintiff/appellant; TOF filed states...a transcript is not necessary for this appeal [17-1] (msn) (Entered: 03/25/2004) 20 LETTER (Re: [17-1]) to USCA and all counsel advising that the record is now complete...a transcript is not necessary for this appeal. (msn) (Entered: 03/29/2004) 21 MANDATE of USCA issued on 9/9/05 as to [17] Notice of Appeal filed by Stanley C. Mowry. USCA judgment dated 7/18/05 affirming the dismissal of plaintiff's wage and compensation and intentional infliction of emotional distress claims, reversing the dismissal of his claim for retaliatory discharge in violation of public policy, and remanding for proceedings consistent with the USCA opinion. (djs, ) (Entered: 09/12/2005) 22 ORDER Setting Conference After 21 USCA Mandate: Conference set for 10/17/2005 10:00 AM in Conference Room before Judge Richard P. Matsch. Signed by Judge Richard P. Matsch on 9/13/05. (lam, ) (Modified on 9/13/2005 to correct typing error)(lam, ). (Entered: 09/13/2005) 23 MOTION to Dismiss Plaintiff's Claim for Retaliatory Discharge in Violation of Public Policy with Supporting Brief by Defendant United Parcel Service. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Biggs, Judith) (Entered: 10/14/2005) 24 ORDER denying 23 Defendant's Renewed Motion to Dismiss.Signed by Judge Richard P. Matsch on 10/17/05. (lam, ) (Entered: 10/17/2005) 25 Minute Entry for proceeding held before Judge Richard P. Matsch : Scheduling Conference held on 10/17/2005. ORDERED: Counsel have 30 days to submit a proposed scheduling order. (Court Reporter FTR - K. Terasaki) (rpmcd) (Entered: 10/18/2005) 26 Defendant's ANSWER to Complaint and Jury Demand by United Parcel Service.(Biggs, Judith) (Entered: 10/31/2005) 27 NOTICE of Entry of Appearance by Emily Hobbs-Wright on behalf of United Parcel Service (Hobbs-Wright, Emily) (Entered: 11/04/2005)

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02307-RPM Document 95-3

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28 Proposed Scheduling Order by Plaintiff Stanley C. Mowry, Defendant United Parcel Service. (Biggs, Judith) (Entered: 11/07/2005) 29 SCHEDULING ORDER: Discovery due by 3/17/2006. Dispositive Motions due by 4/21/2006. Signed by Judge Richard P. Matsch on 11/8/2005. (lam, ) (Entered: 11/08/2005) 30 PROTECTIVE ORDER Regarding Student Disclipinary Records. Signed by Judge Richard P. Matsch on 11/8/05. (lam, ) (Modified on 11/9/2005 to note docketed in the wrong case) (lam, ). (Entered: 11/08/2005) 31 Docket Annotation re: 30 Protective Order. This entry was docketed in the wrong. case. Text only entry - no document attached. (lam, ) (Entered: 11/09/2005) 32 Unopposed MOTION For Extension of Time to File Stipulated Protective Order by Defendant United Parcel Service. (Attachments: # 1 Proposed Order (PDF Only))(Biggs, Judith) (Entered: 11/18/2005) 33 ORDER granting Unopposed Defendant's 32 Motion for Extension of Time to File Stipulated Protective order to 12/2/05. Signed by Judge Richard P. Matsch on 11/18/05. (gms, ) (Entered: 11/18/2005) 34 Unopposed MOTION For Extension of Time to Provide Expert Disclosures and for Discovery Deadline by Defendant United Parcel Service. (Attachments: # 1 Proposed Order (PDF Only))(Biggs, Judith) (Entered: 01/18/2006) 35 ORDER granting 34 Defendants Unopposed Motion for Extension of Expert Disclosures as set forth in this Order and Discovery Deadline to 3/31/06. Signed by Judge Richard P. Matsch on 1/24/06. (lam, ) (Entered: 01/24/2006) 36 Utility Setting/Resetting Deadlines/Hearings: Pursuant to 1/24/06 Order the Discovery cut-off was extended to 3/31/06. Text only entry - no document attached. (lam, ) (Entered: 01/24/2006) 37 Unopposed MOTION For Extension of Time to Respond to Plaintiff's First Set of Interrogatories and Request for Production of Documents by Defendant United Parcel Service. (Attachments: # 1 Proposed Order (PDF Only))(Biggs, Judith) (Entered: 01/24/2006) 38 MOTION to Amend/Correct/Modify 26 Answer to Complaint by Defendant United Parcel Service. (Attachments: # (1) Exhibit A# (Sealed pursuant to 2/21/06 Order) (2) Exhibit B# 3 Proposed Document Amended Answer# 4 Proposed Order (PDF Only))(Biggs, Judith) (Modified on 2/21/2006 to note Exhibit A is sealed) (lam, ). (Entered: 02/14/2006) 39 MOTION to Seal Document Exhibit A to Defendant's Motion to Amend Answer by Defendant United Parcel Service. (Attachments: # 1 Proposed Order (PDF Only))(Biggs, Judith) (Entered: 02/21/2006) 40 ORDER granting 39 Defendant's Motion to Seal Exhibit A to

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Defendant's 38 MOTION to to Amended Answer 26 to Complaint. Signed by Judge Richard P. Matsch on 2/21/06. (lam, ) (Entered: 02/21/2006) 03/08/2006 41 ORDER granting Defendant's 38 Motion to Amend Answer and the Amended Answer tendered therewith is ordered filed. Signed by Judge Richard P. Matsch on 3/8/07. (lam, ) (Entered: 03/08/2006) 42 AMENDED ANSWER to Complaint and Jury Demand by Defendant United Parcel Service.(lam, ) (Entered: 03/08/2006) 43 Unopposed MOTION For Extension of Time to Discovery and Dispositive Motions Deadlines and Certificate of Compliance with Local Rules 6.1 and 7.1 by Defendant United Parcel Service. (Attachments: # 1 Proposed Order (PDF Only))(Biggs, Judith) (Entered: 03/09/2006) 44 NOTICE of Entry of Appearance by Rebecca B. DeCook on behalf of United Parcel Service (DeCook, Rebecca) (Entered: 03/09/2006) 45 ORDER granting Defendant's 43 Unopposed Motion for Extension of Discovery and Dispositive Motions Deadlines as set forth in this Order. Signed by Judge Richard P. Matsch on 3/10/06. (lam, ) (Entered: 03/10/2006) 46 Utility Setting/Resetting Deadlines/Hearings: Pursuant to the Order of 3/10/06 the following Deadlines were extended as follows: Discovery Cut-Off is 5/15/2006 and Dispositive Motions due by 6/15/2006. Text only entry - no document attached. (lam, ) (Entered: 03/10/2006) 47 Unopposed MOTION For Extension of Time to Extension of Rebuttal Expert Disclosure Deadline and Certificate of Compliance with Local Rules 6.1 and 7.1 by Defendant United Parcel Service. (Attachments: # 1 Proposed Order (PDF Only))(DeCook, Rebecca) (Entered: 03/31/2006) 48 ORDER granting Defendant's Unopposed 47 Motion for Extension of Rebuttal Expert Disclosure to 4/14/06. Signed by Judge Richard P. Matsch on 4/5/06. (lam, ) (Entered: 04/05/2006) 49 Unopposed MOTION For Extension of Time to of Discovery Deadline and Certificate of Compliance with Local Rules 6.1 and 7.1 by Defendant United Parcel Service. (Attachments: # 1 Proposed Order (PDF Only) Order Granting Unopposed Motion for Extension of Discovery Deadline) (DeCook, Rebecca) (Entered: 05/15/2006) 50 ORDER granting Defendant's Unopposed 49 Motion for Extension of Time of Discovery Deadline to 6/15/06. Signed by Judge Richard P. Matsch on 5/16/06. (lam, ) (Entered: 05/16/2006) 51 Utility Setting/Resetting Deadlines/Hearings: Pursuant to 5/16/06 Order the Discovery Deadline is extended to 6/15/2006, for the limited purpose of taking three depositions. Text only entry - no document attached. (lam, ) (Entered: 05/16/2006) 52 Stipulated MOTION for Protective Order by Defendant United Parcel

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02307-RPM Document 95-3

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Service. (Attachments: # 1 Proposed Order (PDF Only))(Biggs, Judith) (Entered: 05/16/2006) 05/17/2006 53 STIPULATED PROTECTIVE ORDER re: Confidential Information. Signed by Judge Richard P. Matsch on 5/17/06. (lam, ) (Entered: 05/17/2006) 54 First MOTION for Summary Judgment Defendant UPS's Motion for Summary by Defendant United Parcel Service. (Biggs, Judith) (Entered: 06/15/2006) 55 BRIEF in Support re 54 First MOTION for Summary Judgment Defendant UPS's Motion for Summary Memorandum Brief In Support of UPS's Motion for Summary Judgment filed by Defendant United Parcel Service. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit B-1 Part 1# 4 Exhibit B-1 Part 2# 5 Exhibit B-1 Part 3# 6 Exhibit B-2# 7 Exhibit B3# 8 Exhibit B-4# 9 Exhibit B-5# 10 Exhibit B-6# 11 Exhibit B-7# 12 Exhibit C# 13 Exhibit D# 14 Exhibit E# 15 Exhibit F# 16 Exhibit G# 17 Exhibit H# 18 Exhibit I# 19 Exhibit J# 20 Exhibit K# 21 Exhibit L# 22 Exhibit M# 23 Exhibit N# 24 Exhibit O# 25 Exhibit P# 26 Exhibit Q# 27 Exhibit R# 28 Exhibit S# 29 Exhibit T# 30 Exhibit U# 31 Exhibit V Part 1# 32 Exhibit V Part 2# 33 Exhibit W# 34 Exhibit X# 35 Exhibit Y# 36 Exhibit Z# 37 Exhibit AA# 38 Exhibit BB Part 1# 39 Exhibit BB Part 2# 40 Exhibit CC# 41 Exhibit DD# 42 Exhibit EE)(Biggs, Judith) (Entered: 06/15/2006) 56 First MOTION For Extension of Time to Respond to Motion for Summary Judgment 54 by Plaintiff Stanley C. Mowry. (Kazmierski, Stefan) (Modified on 6/30/2006 to add linkage (lam, ). (Entered: 06/29/2006) 57 Docket Annotation re: 56 First MOTION For Extension of Time to Respond to Motion for Summary Judgment. This entry was modified to add linkage to the related Doc. 54, the Motion for Summary Judgment. Text only entry - no document attached. (lam, ) (Entered: 06/30/2006) 58 MINUTE ORDER granting 56 Unopposed Motion for Extension of Time to Respond to UPS' Motion for Summary Judgment to 7/26/06, by Judge Richard P. Matsch on 6/30/06. (lam, ) (Entered: 06/30/2006) 59 MOTION to Strike PARTS OF UPS MOTION FOR SUMMARY JUDGMENT 54by Plaintiff Stanley C. Mowry. (Kazmierski, Stefan) (Modified on 7/20/2006 to add linkage) (lam, ). (Entered: 07/18/2006) 60 Docket Annotation re: 59 MOTION to Strike PARTS OF UPS MOTION FOR SUMMARY JUDGMENT. This entry was modified to add linkage to the Motion for Summary Judgment Doc. # 54. Text only entry - no document attached. (lam, ) (Entered: 07/20/2006) 61 RESPONSE to Motion re 54 First MOTION for Summary Judgment Defendant UPS's Motion for Summary filed by Plaintiff Stanley C. Mowry. (Attachments: # 1 Exhibit 1-Mowry Deposition# 2 Exhibit 2Grievance# 3 Exhibit 3-Ford Deposition# 4 Exhibit 4-Accident Report# 5

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CM/ECF - U.S. District Court:cod - Docket Report Case 1:03-cv-02307-RPM Document 95-3

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Exhibit 5-Durante Deposition# 6 Exhibit 6-Blake Deposition) (Kazmierski, Stefan) (Entered: 07/26/2006) 08/04/2006 62 Unopposed MOTION For Extension of Time to Respond to Plaintiff's Motion to Strike and to File Reply in Support of Motion for Summary Judgment 59, 54 by Defendant United Parcel Service. (Attachments: # 1 Proposed Order (PDF Only))(Biggs, Judith) (Modified on 8/4/2006 to add linkage) (lam, ). (Entered: 08/04/2006) 63 ORDER granting 62 Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion to Strike and to File Reply in Support of Motion for Summary Judgment to 8/18/06. Signed by Judge Richard P. Matsch on 8/4/06. (lam, ) (Entered: 08/04/2006) 64 RESPONSE to Motion re 59 MOTION to Strike PARTS OF UPS? MOTION FOR SUMMARY JUDGMENT filed by Defendant United Parcel Service. (Attachments: # 1 Exhibit A)(Biggs, Judith) (Entered: 08/18/2006) 65 MOTION to Dismiss , or in the Alternative,, MOTION for Summary Judgment based on Sect. 301 of the Labor Management Relations Act (LMRA) by Defendant United Parcel Service. (Attachments: # 1 Exhibit A)(Biggs, Judith) (Entered: 08/18/2006) 66 REPLY to Response to Motion re 54 First MOTION for Summary Judgment Defendant UPS's Motion for Summary Judgment filed by Defendant United Parcel Service. (Attachments: # 1 Exhibit A C.J.I. (Civil) 31:11 and 31:12# 2 Exhibit B Mowry Deposition Excerpts# 3 Exhibit C Raczkowski v. Empire Kosther Poultry# 4 Exhibit D Freeman v. Duke Power Co.# 5 Exhibit E Silva v. American Fed. of State and Munic Employees# 6 Exhibit F CBA Safety Section# 7 Exhibit G Traffic Accident Report)(Biggs, Judith) (Entered: 08/18/2006) 67 MOTION to Strike 65 MOTION to Dismiss , or in the Alternative, MOTION for Summary Judgment based on Sect. 301 of the Labor Management Relations Act (LMRA) by Plaintiff Stanley C. Mowry. (Kazmierski, Stefan) (Entered: 08/24/2006) 68 MOTION to Strike UPS's Supplemental Disclosures by Plaintiff Stanley C. Mowry. (Attachments: # 1 Exhibit Email# 2 Exhibit Supplemental Rule 26(a)(1) Disclosures# 3 Exhibit Second Supplemental Rule 26(a)(1) Disclosures)(Kazmierski, Stefan) (Entered: 08/24/2006) 69 RESPONSE to Motion re 54 First MOTION for Summary Judgment Defendant UPS's Motion for Summary filed by Plaintiff Stanley C. Mowry. (Attachments: # 1 Affidavit Affidavit of Joe E. McGuire) (Kazmierski, Stefan) (Entered: 08/24/2006) 70 RESPONSE to Motion re 65 MOTION to Dismiss , or in the Alternative, MOTION for Summary Judgment based on Sect. 301 of the Labor Management Relations Act (LMRA) filed by Plaintiff Stanley C. Mowry. (Kazmierski, Stefan) (Entered: 09/11/2006)

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71 Unopposed MOTION for Leave to Take the Video Deposition of Trooper Jason Green and Certificate of Compliance with Local Rule 7.1 by Defendant United Parcel Service. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Proposed Order (PDF Only))(DeCook, Rebecca) (Entered: 09/18/2006) 72 ORDER granting Defendant's 71 Unopposed Motion for Leave to Take the Video Deposition of Trooper Jason Green. Signed by Judge Richard P. Matsch on 9/18/06.(lam, ) (Entered: 09/18/2006) 73 REPLY to Supplemental Response to Motion re 54 MOTION for Summary Judgment filed by Defendant United Parcel Service. (Attachments: # 1 Exhibit A)(DeCook, Rebecca) (Modified on 9/22/2006 to clarify entry and link (lam, ). (Entered: 09/18/2006) 74 RESPONSE to Motion re 68 MOTION to Strike UPS's Supplemental Disclosures filed by Defendant United Parcel Service. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Biggs, Judith) (Entered: 09/18/2006) 75 REPLY to Response to Motion re 65 MOTION to Dismiss , or in the Alternative, MOTION for Summary Judgment based on Sect. 301 of the Labor Management Relations Act (LMRA) and Response to Plaintiff's Motion to Strike UPS' Motion to Dismiss 67 filed by Defendant United Parcel Service. (Attachments: # 1 Exhibit A- Supplemental Affidavit of Gregg Ford# 2 Exhibit B - Peek v. Coca-Cola Bottling)(Biggs, Judith) (Entered: 09/18/2006) 76 Docket Annotation re: 73 Reply to Response to Motion. This entry was modified to clarify entry and link to related Doc. #54, the Motion for Summary Judgment. Text only entry - no document attached. (lam, ) (Entered: 09/22/2006) 77 RESPONSE to Motion re 68, 73 MOTION to Strike UPS's Supplemental Disclosures/McGuire Affidavit filed by Plaintiff Stanley C. Mowry. (Kazmierski, Stefan) (Modified on 11/1/2006 to clarify entry re: Affidavit)(lam, ). (Modified on 11/1/2006 to add linkage and clarify entry) (lam, ). (Entered: 10/06/2006) 78 REPLY to Response to Motion re 67 MOTION to Strike 65 MOTION to Dismiss , or in the Alternative, MOTION for Summary Judgment based on Sect. 301 of the Labor Management Relations Act (LMRA) filed by Plaintiff Stanley C. Mowry. (Kazmierski, Stefan) (Entered: 10/06/2006) 79 MOTION for Extension of Time to File Response/Reply to Plaintiff's Response to Motion to Strike McGuire Affidavit by Defendant United Parcel Service. (Attachments: # 1 Proposed Order (PDF Only))(Biggs, Judith) (Entered: 10/24/2006) 80 ORDER granting 79 Motion for Extension of Time to File Reply to Plaintiff's Response to Motion to Strike McGuire Affidavit by 11/3/06 re 73, 77, 54. Signed by Judge Richard P. Matsch on 10/25/06.(lam, )

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(Entered: 10/25/2006) 10/30/2006 81 SUPPLEMENT/AMENDMENT to 77 Response to Motion to Strike McGuire Affidavit by Plaintiff Stanley C. Mowry. (Attachments: # 1 Exhibit McGuire Deposition excerpts)(Kazmierski, Stefan) (Entered: 10/30/2006) 82 Docket Annotation re: 77 Response to Motion. This entry was modified to add linkage and reference to related Doc. 73, and reference in text the "McGuire Affidavit". Text only entry - no document attached. (lam, ) (Entered: 11/01/2006) 83 REPLY to 77 Response to Motion, to Strike McGuire Affidavit (see UPS Reply 73) by Defendant United Parcel Service. (Attachments: # 1 Exhibit A. McGuire Deposition Excerpts)(DeCook, Rebecca) (Entered: 11/03/2006) 84 MEMORANDUM AND OPINION and Order Granting Summary Judgment. Defendant's Motion for Summary Judgment is granted and the Clerk will enter judgment for the defendant dismissing this civil action and awarding the defendant is costs. The other motions filed by the defendant in this action after remand are denied and the plaintiffs motion to strike the defendants supplemental disclosure (Doc. #68) is moot. Signed by Judge Richard P. Matsch on 03/05/07. (jjh, ) (Entered: 03/05/2007) 85 JUDGMENT by Clerk is entered for Defendant United Parcel Service, Inc., and against Plaintiff Stanley C. Mowry. This civil action is dismissed. Defendant is awarded its costs upon the filing of a bill of costs within ten days. Signed by Ginger Wentz on 03/05/07. (jjh, ) (Entered: 03/05/2007) 86 MOTION to Alter Judgment re 84 Memorandum & Opinion, 85 Clerk's Judgment, by Plaintiff Stanley C. Mowry. (Kazmierski, Stefan) (Entered: 03/15/2007) 87 Proposed Bill of Costs by Defendant United Parcel Service. (Biggs, Judith) (Entered: 03/19/2007) 88 ORDER denying Plaintiff's 86 Motion to Alter or Amend Judgment. Signed by Judge Richard P. Matsch on 4/5/07.(gms, ) (Entered: 04/05/2007) 89 CERTIFICATE OF COMPLIANCE by Defendant United Parcel Service. (Biggs, Judith) (Entered: 04/13/2007) 90 NOTICE re 87 Proposed Bill of Costs by Defendant United Parcel Service (Biggs, Judith) (Entered: 04/13/2007) 91 Costs Taxed in amount of $ 2190.40 against Plaintiff (jjh, ) (Entered: 04/23/2007) 92 MOTION for Costs by Defendant United Parcel Service. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Barrios, Vivian) (Entered: 04/30/2007)

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93 NOTICE OF APPEAL as to 84 Memorandum Opinion and Order, 85 Judgment and 88 Order denying motion to alter or amend judgment by Plaintiff Stanley C. Mowry (Kazmierski, Stefan) Modified on 5/2/2007 to creat links to orders being appealed. (bjr2, ). (Entered: 05/01/2007) 94 Docket Annotation re: 93 Notice of Appeal, as to 84 Memorandum Opinion and Order, 85 Judgment and 88 Order denying motion to alter or amend judgment filed by plaintiff, Stanley C. Mowry. (Modified Notice of Appeal entry to include links to orders being appealed.) Text only entry - no document attached. (bjr2, ) (Entered: 05/02/2007)

05/02/2007

https://ecf.cod.circ10.dcn/cgi-bin/DktRpt.pl?214265052759879-L_353_0-1

5/2/2007