Slip Copy Slip Copy, 2007 WL 1811197 (E.D.Pa.) (Cite as: Slip Copy)

Page 1

Romero v. Allstate Ins. Co. E.D.Pa.,2007. Only the Westlaw citation is currently available.
United States District Court,E.D. Pennsylvania. Gene R. ROMERO, et al. v.
ALLSTATE INSURANCE COMPANY, et al. Gene R. Romero, et al. v.
The Allstate Corporation, et al. Equal Employment Opportunity Commission
v. Allstate Insurance Company, et al. Civil Action Nos. 01-3894, 01-6764, 01-7042.
June 20, 2007.
John V. Gorman, Morgan Lewis & Bockius, Philadelphia, PA, Mary Ellen Signorille, Thomas W. Osborne, AARP Foundation Lit. (AFL), Michael D. Lieder, Sprenger & Lang, Michael J. Wilson, Morgan Lewis & Bockius LLP, Washington, DC, Steven H. Doto, Schnader Harrison Segal & Lewis, Cherry Hill, NJ, Susan M. Coler, Sprenger & Lang, P.L.L.C., Minneapolis, MN, for Gene R. Romero, et al. John B. Langel, Stephanie Kay Deiger, Ballard Spahr Andrews & Ingersoll LLP, Katherine M. Katchen, Mary Kay Christodoulou, Edward F. Mannino, Akin Gump Strauss Hauer & Feld LLP, Philadelphia, PA, Donald R. Livingston, W. Randolph Teslik, Akin Gump Strauss Hauer & Feld LLP, Washington, DC, Donna M. Welch, Drew G.A. Peel, Richard C. Godfrey, Sallie G. Smylie, Kirkland & Ellis, Chicago, IL, Peter A. Bellacosa, Kirkland & Ellis, Jane S. Park, New York, NY, for The Allstate Corporation & Allstate Insurance Company. Bruce V. Griffiths, Iris Santiago-Flores, Equal Employment Opportunity Commission, Philadelphia, PA, C. Felix Miller, Equal Employment Opportunity Commission, St. Louis, MO, for Equal Employment Opportunity Commission.

ORDER FULLAM, Sr. J. *1 By memorandum and order dated March 21, 2007, I notified the parties as to my tentative conclusions as to the ultimate merit of these related cases, and invited counsel to submit briefs before issuing a final ruling. I have considered the supplemental submissions of the parties, and now hold that:
1. For the reasons stated in the decision of the Eleventh Circuit Court of Appeals in Scott v. Administrative Comm. of the Allstate Agents Pension Plan, 113 F.3d 1193 (11th Cir.1997), and the later decision of the United States District Court for the Southern District of Florida in Swain v. Allstate Ins. Co. (No. 96-0998) (Jan. 22, 1999), the questioned amendments to the Allstate Pension Plan were validly adopted and became effective.
2. The decision of the Seventh Circuit Court of Appeals in Isbell v. Allstate Ins. Co., 418 F.3d 788 (7th Cir.2005), warrants the conclusion that plaintiffs' claims of ERISA violations, age discrimination, and retaliation must fail.
3. To the extent that this Court's Order of March 3, 2004 declared that the releases were voidable, that decision was in error and is hereby VACATED. Alternatively, the validity of the releases has become moot. Thus, the decision of the Court of Appeals in Jakimas v. Hoffmann-LaRoche, 485 F.3d 770, 2007 WL 1394484 (3d Cir. May 14, 2007), does not affect my ruling.
4. The following Motions are GRANTED: a. Defendants' Motions for Summary Judgment (Document Nos. 148 and 150 in 01-3894); b. Plaintiffs' Motions for Leave to File (Document Nos. 166 and 179 in 01-3894); c. Defendants' Motion to Dismiss (Document No. 29 in 01-6764); d. Defendants' Motion for Summary Judgment (Document No. 42 in 01-7042).
5. The following Motions are DENIED:

© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

Slip Copy Slip Copy, 2007 WL 1811197 (E.D.Pa.) (Cite as: Slip Copy)
a. Defendants' Motion for Attorney Fees (Document No. 21 in 01-6764); b. Plaintiffs' Motion for Reconsideration of Dismissal of Employee Definition Amendment Claim (Document No. 31 in 01-6764).
6. All other pending motions are DISMISSED AS MOOT.
7. Counsel may submit within 20 days of the date of this Order any issues that must be resolved before the case-files are closed.
E.D.Pa.,2007. Romero v. Allstate Ins. Co. Slip Copy, 2007 WL 1811197 (E.D.Pa.)
END OF DOCUMENT

Page 2

© 2007 Thomson/West. No Claim to Orig. U.S. Govt. Works.

 
 Romero v. Allstate Ins. Co., Not Reported in F.Supp.2d (2004)

2004 WL 692231 United States District Court,
E.D. Pennsylvania.
Gene R. ROMERO, et al. v.
ALLSTATE INSURANCE COMPANY, et al. Gene R. ROMERO, et al. v.
THE ALLSTATE CORPORATION, et al. EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION v.
ALLSTATE INSURANCE COMPANY, et al.
No. Civ.A. 01-3894, Civ.A. 01-6764, Civ.A. 01-7042. | March 30, 2004.
Attorneys and Law Firms
Mary Ellen Signorille, Thomas W. Osborne, AARP Foundation Lit. (AFL), Michael D. Lieder, Sprenger & Lang, Michael J. Wilson, Zevnik Horton, LLP, Washington, DC, Steven H. Doto, Zevnik Horton LLP, Philadelphia, PA, Susan M. Coler, Sprenger & Lang, P.L.L.C., Minneapolis, MN, for Plaintiff.
Edward F. Mannino, Katherine Menapace, Akin Gump Strauss Hauer & Feld, LLP, John B. Langel, Ballard Spahr Andrews & Ingersoll LLP, Philadelphia, PA, Donald R. Livingston, W. Randolph Teslik, Akin Gump Strauss Hauer & Feld LLP, Washington, DC, Donna Welch, Drew G.A. Peel, Richard G. Godfrey, Sallie G. Smylie, Kirkland & Ellis, Chicago, IL, Jane S. Park, Peter A. Bellacosa, Kirkland & Ellis, New York, NY, for Defendant.
C. Felix Miller, Equal Employment Opportunity Commission, St. Louis District Office, St. Louis, MO, Iris Santiago-Flores, Equal Employment Opportunity Com, Phila District Office, Philadelphia, PA, for Movant.
Opinion
MEMORANDUM AND ORDER
FULLAM, J.

*1 The three above-captioned actions arise from a common set of facts, and have, in effect, been consolidated. Civil action 01-3894 will be referred to herein as “Romero I”; civil action 01-6764 will be referred to as “Romero II,” and civil action 01-7042 will be referred to as “EEOC.” This opinion deals with pending motions in all three cases.
I. FACTUAL BACKGROUND
For many years, Allstate Insurance Company hired, as its employees, all of the agents who sold its insurance policies, handled claims, etc. Management apparently came to believe that its interests would be better served by agents who were independent contractors, rather than employees. All newly-retained agents thereafter were deemed to be independent contractors. The employee-agents operated under one or the other of two types of employment contracts, designated the R830 and the R1500. The independent-contractor agents operated under R3001 contracts (after a brief period of actual employment, as trainees, under an R3000 contract).
Beginning in 1991, Allstate amended its pension plan, allegedly in order to comply with the Tax Reform Act of 1986 and implementing IRS regulations, to make clear that service as an independent-contractor agent under an R3001 contract would not be credited toward pension entitlements or calculations. The amendments also made it more difficult for covered employees to qualify for early retirement benefits and phased-out certain particularly favorable features of the early retirement benefits (which had enabled some employees to retire at age 55, but have their retirement benefits calculated as if they had continued to work until age 63).
After having adopted the policy of hiring only independent contractors in the future, Allstate also embarked upon a plan to persuade employee agents to switch to independent-contractor status, by offering financial inducements (e.g., a payment of $5,000, and more generous commissions on sales). Although some employee-agents made the switch, many others did not.
By 1999, the situation was as follows: of the approximately 15,000 agents nationwide, approximately 6,200 continued as employee-agents, under either the R830 or the R1500 contract. In November 1999, Allstate announced its “Preparing for the Future” Reorganization
1

Romero v. Allstate Ins. Co., Not Reported in F.Supp.2d (2004)

Plan, under which the employment of all employee-agents would be terminated as of June 30, 2000. Each such employee-agent was offered a choice: if the agent signed a comprehensive release, he or she could (1) sign an R3001 contract and continue in the service of Allstate, (2) serve as an R3001 independent-contractor for a brief period, and then sell his or her interest in their book of business to a buyer approved by Allstate (frequently, another Allstate agent), or (3) sign an R3001 contract but then immediately resign, in exchange for severance pay amounting to one year’s earnings, to be paid monthly over a period of two years. Agents who refused to sign the release were simply discharged as of June 30, 2000, with little or no severance pay.
*2 Confronted with these choices, most of the employee-agents (99.7%) signed releases. Only 19 agents did not sign, and several of their cases have been disposed of in the interim. As of the present date, the parties estimate that there are 16 potential claimants who did not sign releases.
In Romero I, the 29 named plaintiffs seek to represent a class which includes the 6,200 former employee-agents, to nullify all of the releases, and to pursue a wide range of claims: for breach of contract, for violations of the ADEA, ADA, Title VII and ERISA. As can readily be seen from the foregoing recital, the proposed class includes persons who did not sign the release, persons who signed the release and continue in the service of Allstate as independent contractors, persons who sold their blocks of business to other agents and then resigned, and persons who not only continue in the service of Allstate as independent contractors, but who have purchased blocks of business from retiring former agents. The class-action issues will be addressed below.
In Romero II, plaintiffs seek to represent a class of persons whose rights under ERISA were allegedly violated by the changes in the pension plan, and by their changes in status.
In its case, the EEOC contends that requiring the employee-agents to release all their claims under the ADEA, the ADA and Title VII in order to continue working as sales agents constituted retaliation in violation of § 4d of the ADEA, § 503a of the ADA, and § 704a of Title VII, and also constituted interference, coercion, and intimidation in violation of § 503b of the ADA. Attached to the EEOC complaint is a list of the 300-odd persons who filed charges with the EEOC-on whose behalf, presumably, the EEOC brought its lawsuit.

II. DISCUSSION
A. Validity of the Releases An overarching issue in all of these cases is the validity and enforceability of the releases signed by most of the affected employee-agents. Obviously, if the releases are enforceable, only the 16 remaining agents who did not sign the releases could possibly prevail in this litigation. Defendants contend that this issue is not appropriate for class treatment, because of the conflicting interests of the putative class members, many of whom have no desire to be restored to the status quo ante. I believe, however, that the issue can properly be addressed on a class-wide basis by way of a declaratory judgment. That is, if the releases are found to be unenforceable, a declaratory judgment to the effect that they are voidable at the option of each class member would benefit those who wish to sue Allstate, without harming those who choose not to do so.
I conclude, further, that the releases should indeed be voidable at the option of the employee-agent. In the first place, the releases, on their face, violate § 626 of the Older Workers’ Benefit Protection Act, 29 U.S.C. § 626 (“OWBPA”) and 29 C.F.R. § 1625.22(i)(2), which provides “no waiver agreement may include any provision prohibiting any individual from ... filing a charge or complaint, including a challenge to the validity of the waiver agreement, with EEOC.”
*3 Allstate contends that it had no intention of precluding the filing of charges, and notes that more than 300 employee-agents did file charges with the EEOC, without any repercussions. The difficulty with this argument, however, is that we have no way of knowing how many other employee-agents failed to pursue charges before the EEOC simply because they accepted the release language at face value.
Moreover, as the EEOC points out, it is illegal to either retaliate, or threaten to retaliate, against an employee to prevent him from exercising rights under the EEOC, Title VII, ADEA, ADA, etc. Those employees who did not sign releases were in fact treated less favorably than those who did sign, and the signers had all been threatened with such an outcome if they exercised their right to refuse to sign the proposed release.
I conclude, therefore, that the releases are voidable.
2

Romero v. Allstate Ins. Co., Not Reported in F.Supp.2d (2004)

Defendants’ motion for summary judgment with respect to all claims by persons who signed releases will therefore be denied, and plaintiffs’ motion for partial summary judgment on that issue will be granted, to the extent of a declaratory judgment as discussed above.
B. Substantive Issues Entering declaratory judgment to the effect that the signed releases are voidable at the option of the signing employee does not, of course, signify that any of the employees actually have valid claims to assert. It is therefore appropriate to consider whether any of the claims asserted in the various complaints are subject to summary dismissal. I have concluded that some of them are indeed vulnerable to dismissal.
1. ADEA Claims I have concluded that, on the undisputed facts of record, there is no basis for claims of age discrimination, for the simple reason that employees of all ages were treated alike. An employer who visits adverse consequences upon all employees, irrespective of age, cannot be held liable for age discrimination. The fact, if it is a fact, that many of the affected employees, or even a majority, are within the protected age group, is irrelevant. On this point, I agree with the November 25, 2003 decision of Judge Herndon in the related case of Isbell and Schneider v. Allstate Insurance Co., (U.S.D.C. Southern District of Illinois, No. 01-cv-00252).
2. The Claims in Romero II To the extent that the plaintiffs in Romero II complain about the amendments to the pension plan made in 1991, 1994, and 1996, their complaint, filed December 20, 2001 is, on its face, time-barred. To the extent that they lost pension entitlements when they became independent contractors or former employees, that consequence would be an element of damages if they establish that their change of status was a breach of contract or otherwise illegal-claims which are being asserted in Romero I and the EEOC action. I conclude that Romero II should be dismissed in its entirety.
3. Breach of Contract If, as Allstate contends, the employment of all

employee-agents was terminable at will, then Allstate’s action in terminating all those contracts on June 30, 2000 was entirely permissible. Plaintiffs contend, on the other hand, that the R830 and R1500 contracts were not at-will, but only terminable for cause. They note that the review procedures specified in the R830 contract clearly prevents at-will terminations, and that the same provisions were included in the manual which accompanied the R1500 contracts. The present record does not permit resolution of this issue on summary judgment. Although the language of the two forms of contract was drafted by Allstate, and ambiguities should be resolved in favor of the employees, it is also possible that parol evidence not yet in the record may shed light upon the issue.
4. Allstate’s Counterclaim *4 In its counterclaim, Allstate seeks damages against the persons who signed releases, to the extent that they have, or may in the future, sue Allstate, contrary to the terms of the releases. Inasmuch as I have determined that the releases are voidable, plaintiffs’ motion for summary judgment dismissing the counterclaim will be granted. Allstate’s later motion for leave to amend its counterclaim will be dismissed as moot.
C. Class Action Issues In accordance with the foregoing discussion, I will certify a class under 23(b)(2) with respect to the voidable releases, so that any former employee-agent who signed such a release may, by notifying Allstate in writing within 90 days, effectively rescind the release (including, of course, repayment of all sums received in exchange for the release). If a sufficiently large number of agents rescind their releases, plaintiffs may apply for certification of a Rule 23(b)(3) class, when the contours of such a putative class will have been clarified.
A class consisting of the 16 remaining persons who did not sign releases will be certified, under Rule 23(b)(3), with respect to all issues not summarily disposed of herein. In all other respects, plaintiffs’ applications for class certification will be denied without prejudice to a later motion for class certification, in accordance with the views expressed above.
The accompanying Order is intended to implement the views expressed above.
3

Romero v. Allstate Ins. Co., Not Reported in F.Supp.2d (2004)

ORDER
AND NOW, this day of March 2004, IT IS ORDERED: 1. Civil Action No. 01-6764 (“Romero II”) is dismissed with prejudice.
2. In all other respects, defendants’ motion for summary judgment is denied.
3. The motions for partial summary judgment filed by plaintiffs in Civil Action NO. 01-3894 (“Romero I”) and the EEOC in Civil Action No. 01-7042, are granted, to the extent of the declaratory judgment being entered as a separate document.
4. Plaintiffs’ motion to dismiss defendant’s counterclaim is granted. Defendant’s counterclaim is dismissed with prejudice.
5. Defendant’s motion for leave to file an amended counterclaim is dismissed as moot.
6. Counsel for plaintiffs shall submit a proposed order certifying a Rule 23(b)(3) class consisting of those former employee-agents who did not sign releases.
7. Except as above set forth in this Order, all pending motions are dismissed.

DECLARATORY JUDGMENT
AND NOW, this day of March 2004, IT IS ORDERED, ADJUDGED AND DECLARED that:
1. The releases signed by the former employee-agents of Allstate Insurance Company pursuant to the “Preparing for the Future” Reorganization Plan are voidable at the option of the persons who signed the releases.
2. Each employee-agent who signed such a release may rescind the release by taking the following action: within 90 days after receiving notice of this Order, notifying Allstate Insurance Company, in writing, of his or her wish to rescind the release, and, within 30 days thereafter, tendering to Allstate Insurance Company repayment of any and all benefits received by the signer in exchange for signing the release.
*5 3. Counsel for plaintiffs in the above-captioned actions shall submit to this Court for approval a proposed form of notice implementing the foregoing.

4

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

ALLSTATE INSURANCE COMPANY, :

et al.,

:

Defendants.

:

CIVIL ACTION NO. 01-3894 CONSOLIDATED WITH NO. 01-6764 NO. 01-7042

ORDER AND NOW, this 6th day of October, 2014, upon consideration of (1) the Motion by Plaintiffs Gene R. Romero et al. (“Plaintiffs”) for Class Certification (Docket No. 467), Defendant Allstate Insurance Company, et al.’s (“Allstate”) Response thereto (Docket No. 468), and Plaintiffs’ Reply Brief (Docket No. 473); and (2) Plaintiffs’ Motion to Strike the Declaration of Martin H. Redish (Docket No. 472) and Allstate’s Response (Docket No. 474), it is hereby ORDERED that 1. The Motion for Class Certification (Docket No. 467) is DENIED; and 2. The Motion to Strike the Declaration of Martin H. Redish (Docket No. 472) is
GRANTED. It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter RONALD L. BUCKWALTER, S.J.

 
 Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 1 of 266

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO 7616 W. 59th Terrace, #36 Overland Park, KS 66202
JOSEPH L. BENOIT 23596 Suttons Bay Drive Clinton Township, MI 48036
JAMES T. BEVER 1314 E. 19th Ave Hutchinson, KS 67502
ROGER T. BOYD 581 Alford Road Ellensburg, WA 98926
RICHARD A. CARRIER 35325 Farm Market 1736 Hempstead, TX 77445
PAUL R. COBB 10895 S.W. 38th Drive Davie, FL 33328
CRAIG K. CREASE 1607 Berkshire Avenue Myrtle Beach, SC 29577
SYLVIA KELLY 6842 Pine Springs Drive Wesley Chapel, FL 33545
A. BURTON ENGLISH, as personal representative of the Estate of Dwight F. English 122 Kiowa Drive Shelbyville, TN 37160
RONALD W. HARPER 1354 Wrightsboro Road, N.W. Thomson, GA 30824
MICHAEL P. KEARNEY 16232 Cambridge Drive, Stilwell, KS 66085

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CIVIL ACTION

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NO. 01-3894-MAK

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CONSOLIDATED WITH:

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NO. 01-6764 (Romero II)

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NO. 03-6872 (Romero III)

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NO. 15-1017 (McLaughlin)

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NO: 15-1049 (Abell)

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NO. 15-1190 (Harris)

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NO. 15-2602 (Tabor)

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NO. 15-2961 (Siegfried)

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NO. 15-3047 (Anzivine)

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CLASS ACTION – CONSOLIDATED

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AMENDED COMPLAINT1

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JURY TRIAL DEMANDED

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1 This Consolidated Amended Complaint is filed pursuant to the Court’s May 2, 2016 Orders (Doc. Nos. 851-52).

CONSOLIDATED AMENDED COMPLAINT - 1 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 2 of 266

:

THOMAS A. KEARNEY

:

8548 West Fortieth Street

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Lyons, IL 60534

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LARRY H. LANKFORD, Sr. 925 Mallock Road

:

White Lake, MI 48386

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DAVID C. LAWSON

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345 Old Belleville Road

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St. Matthews, SC 29135

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NATHAN R. LITTLEJOHN II

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11146 Nieman RD #202

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Marbella Condominiums

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Overland Park, KS 66210

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REBECCA R. MASLOWSKI 1200 Roundtop Road

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Lewisberry, PA 17339

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CRAIG A. MILLISON

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1024 Flagstone Court

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Lancaster, PA 17603

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JAMES E. MOOREHEAD

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2707 Eagle Creek Ct.

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Kissimmee, FL 34746

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EDWIN MURRAY 17 Overhill Drive

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Lancaster, PA 17602

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CAROLYN PENZO

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4825 Atlanta Highway 9N, S-200

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Alpharetta, GA 30004

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CHRISTOPHER L. PERKINS

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156 Mt. Carmel Road

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Newman, GA 30263

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RICHARD E. PETERSON 581 Graystone Place

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Evans, GA 30809

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MARY JANE PILCHAK, as personal

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representative of the Estate of James P. Pilchak, :

10315 Michael Street

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Taylor, MI 48180

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: PAULA REINERIO

CONSOLIDATED AMENDED COMPLAINT - 2 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 3 of 266

1102 Zblewski Drive

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Plover, WI 54467

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PAULA SCHOTT

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1030 Stillwood Circle

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Lititz, PA 17543

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PAUL L. SHIRLEY

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1665 Spring Ridge Circle

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Winter Garden, FL 34787

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DONALD L. TRGOVICH

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10760 E. Placita Los Reyes

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Tucson, AZ 85748

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RICHARD S. WANDNER

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845 Gulf Pavilion Drive #104

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Naples, FL 34108

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TIMOTHY WEISMAN

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12015 Aster Avenue

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Bradenton, FL 34212

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ARLENE WENDT, as personal representative :

of the Estate of Ernest P. Wendt,

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101 Riverview Dr.

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Hadley, NY 12835

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ANTHONY T. WIKTOR

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7 Big Spring Lane

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Lake Ariel, PA 18436

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JOHN W. WITTMAN 1677 Havenshire Road

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Aurora, IL 60505

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RALPH J. WOLVERTON

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1707 Savannah Drive

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Papillion, NE 68133

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THOMAS ABELL

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2063 W. Rousseau Drive

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Coeur D’Alene, ID 83815

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KATHARINE ADAMS-LOVE 5327 Siesta Cove Drive

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Sarasota, FL 34242

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JOHN P. AELLEN, III

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180 Wroxeter Road

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Arnold, MD 21012

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CONSOLIDATED AMENDED COMPLAINT - 3 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 4 of 266

CLYDE WILLARD ALLEN

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1317B German Driveway

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P.O. Box 709

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Hanover, MD 21076

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JOSEPH ALLEY 2386 Poors Ford Road

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Rutherfordton, NC 28139

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THOMAS PAUL ALLISON

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682 Maricopa Dr.

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Canyon Lake, TX 78133

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RICHARD G. ALTIERI

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82 Doreen Drive

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Fairfield, CT 06824

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ANDREW ALAN ANDERSON 5880 Barrett Road Colorado Springs, CO 80926

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CARL ANGELL

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3909 Canby Ct.

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Bellingham, WA 98229

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EUGENIA ANNINO STEGER, as personal

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representative of the Estate of Robert S. Annino :

23 Mum Grace

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Beaufort, SC 29906

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DANIEL ANULARE 907 Ball Drive

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Nokomis, FL 34275

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LINDA A. ANULARE

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907 Ball Drive

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Nokomis, FL 34275

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BRUCE WILLIAM ASHLEY

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65 Cornell Drive

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Woodland Park, CO 80863

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RICHARD AURAND 559 Howland Wilson NE

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Warren, OH 44484

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MAXINE BACHICHA

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980 Robbie View #2014

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Colorado Springs, CO 80920

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HAROLD E. BAKER

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116 Amherst Lane

CONSOLIDATED AMENDED COMPLAINT - 4 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 5 of 266

Sebastian, FL 32958

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ROBERT G. BARZELAY

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3508 Hollow Oak Place

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Brandon, FL 33511

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GARY L. BAUMGARDNER

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1632 Bexhill Drive

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Knoxville, TN 37922

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JAMES A. BEARD

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1635 Manning Way

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Colorado Springs, CO 80919

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DEBORAH BECKER

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8003 E. Heaven Hill Lane

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Mooresville, IN 46158

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RICHARD C. BENNETT 2020 80th Ave E

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Parrish, FL 34219

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COLIN T. BENT

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1209 E. Yakima Street

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Broken Arrow, OK 74012

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VERNON BENTLEY

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2409 W. Driftwood Drive

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Claremore, OK 74017

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HAROLD D. BERNSTEIN 3875 Legacy Drive

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Mason, OH 45040

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HAROLD D. BERNSTEIN, as personal

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representative of the Estate of Sandi Bernstein :

3875 Legacy Drive

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Mason, OH 45040

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MONTELL BERRY

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1115 Village Court

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Palm Springs, CA 92262

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WALLACE BERRY

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3055 W. 30th Court

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PO Box 15637

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Panama City, FL 32406-5637

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LINDA BEUCHER

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9615 Sam Fernando Ct.

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Howey in the Hills, FL 34737

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CONSOLIDATED AMENDED COMPLAINT - 5 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 6 of 266

STANLEY R. BINDER

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920 Birchwood Court

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Newport News, VA 23608

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ANDREW BLANCHETTE

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217 Karen Drive Orange, CT 06477

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CRAIG A. BOCK

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54178 Sherwood Lane

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Shelby Township, MI 48315

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GARY L. BOCK

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1005 Wood Haven Ln. SW

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Vero Beach, FL 32962

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:

DAVID P. BOHAN

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11399 Spyglass Hill Circle Anchorage, AK 95515

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ROLAND BOISIS

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250 S.E. 7th Street

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Dania Beach, FL 33004

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JANICE BOND

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9115 Clearhill Rd

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Boynton Beach, FL 33463

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:

DWIGHT CHARLES BONDY

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161 N. 222nd Drive Buckeye, AZ 85326

: :

ROBERT F. BORTELL, JR.

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6676 Easton Drive

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Sarasota, FL 34238

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:

DANIEL BOSSIO

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2367 West Gate Dr.

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Pittsburgh, PA 15237

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:

JAMES L. BRACHFELD

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11669 SW Apple Blossom Trail Port St. Lucie, FL 34987

: :

ROBERTA L. BRACHFELD

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11669 SW Apple Blossom Trail

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Port St. Lucie, FL 34987

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EUGENE BRANDON

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4010 River Falls

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San Antonio, TX 78259

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CONSOLIDATED AMENDED COMPLAINT - 6 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 7 of 266

MICHAEL J. BRANTMEIER

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1114 Whiting Court

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Neenah, WI 54956

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:

JAY BROKER

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17 Presidio Road Montgomery, TX 77356

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:

NEAL SWANK BROOKS

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83 Wood Lily Place

:

Spring, TX 77382

:

:

FAYE D. BROWN

:

4614 Alabama Hwy 227

:

Crossville, AL 35962

:

:

RICHARD A. BROWN

:

1471 Carnaby Court Dunwoody, GA 30338

: :

LESTER BROWN, SR.

:

8219 47th Street Circle E

:

Palmetto, FL 34221

:

:

WILLIAM L. BROWN, JR.

:

19 Stefano Way Drive

:

Missouri City, TX 77459

:

:

RICHARD A. BROWNSON

:

1511 Walnut Street Grand Forks, ND 58201

: :

CHARLES R. BURNS III

:

950 McDonald Lakes Road

:

Springville, AL 35146

:

:

THOMAS C. BUSHEY

:

100 Mark Lane

:

Unit L-2

:

Waterbury, CT 06704-2459

:

:

DAVE BUSSELL 8409 Granite Street Wheelersburg, OH 45694

: :

:

GARY CALLAWAY

:

801 De La Bosque

:

Longwood, FL 32779

:

:

GEORGIANA CALLAWAY

:

801 De La Bosque

:

Longwood, FL 32779

CONSOLIDATED AMENDED COMPLAINT - 7 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 8 of 266

:

ALBERT J. CANNIZZARO

:

225 West Talcott Road

:

Park Ridge, IL 60068-5531

:

:

LAWRENCE J. CAPOUCH 1173 143rd Ave NE

:

Hatton, ND 58240

:

:

RICHARD CARTER

:

29324 N.E. 16th Place

:

Carnation, WA 98014

:

:

VICTOR M. CATARISANO

:

7711 Black Willow

:

Liverpool, NY 13090

:

:

PORTIA M. CHAMBLISS 8 Ewell Court Hampton, VA 23669

: :

:

MARK D. CHASE

:

20 Louisiana Drive

:

Palm Coast, FL 32137

:

:

AMY CHERRNAY

:

2806 Lake Brook Court

:

Highland Village, TX 75077

:

:

JIMMY C. CHIN 16 Kendrick Lane Dix Hills, NY 11746

: :

:

DON C. CHRISTENSEN

:

5600 Mt. Solo Road, #133

:

Longview, WA 98632

:

:

JAMES CIRILLO

:

4481 Eleuthera Court

:

Sarasota, FL 34233

:

:

BRUCE W. CLOTFELTER P.O. Box 5038 Athens, GA 30604

: :

:

IRA CLOUD

:

3527-4 Trail Ridge Road

:

Middleburg, FL 32068

:

:

MILTON COBB

:

P.O. Box 1082

:

Moxee, WA 98936

CONSOLIDATED AMENDED COMPLAINT - 8 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 9 of 266

:

MARK C. COLLIER

:

211 Desert Woods Dr.

:

Henderson, NV 89012

:

:

WANDA COLLINS-SMITH 26282 Buckthorn Road

:

Oakwood, OH 44146

:

:

JOSEPH P. CONBOY

:

P.O. Box 449

:

Shoreham, NY 11786

:

:

RICHARD F. COOK

:

2537 Kinnard Avenue

:

Henderson, NV 89074

:

:

JANET COOLEY 14000 McKinley Road Chelsea, MI 48118

: :

:

JAMES CORNETT

:

13505 Will Rogers Lane

:

Austin, TX 78727

:

:

CHARLES E. CORRY

:

7706 Hayfield Road

:

Alexandria, VA 22315-4052

:

:

BRUCE R. CRALLEY 7907 N. Goodwater Loop Coeur d Alene, ID 83815

: :

:

JACK J. CRAPARO, JR.

:

17016 Paula Lane

:

Lutz, FL 33558

:

:

JAY CRYSTAL

:

18227 Brighton Green

:

Dallas, TX 75252

:

:

JAY CRYSTAL, as personal representative of the Estate of Diane Crystal 18227 Brighton Green

: :

Dallas, TX 75252

:

:

LONNIE MICHAEL CURTIS

:

3537 Fieldcrest Drive

:

Bowling Green, KY 42104

:

:

BRENT L. DANNER

:

2810 Ramona Road

CONSOLIDATED AMENDED COMPLAINT - 9 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 10 of 266

Reno, NV 89521

:

:

JOHN DARWISH

:

3044 Coral Park Drive

:

Cincinnati, OH 45211

:

HAROLD E. DASKAM

:

14319 106th Ave Ct E

:

Puyallup, WA 98374

:

:

JOHN DAVENPORT

:

1930 E Edison

:

South Bend, IN 46617

:

:

LESLIE K. DAVIDSON

:

114 Royal Palm Blvd

:

Panama City Beach, FL 32408

:

ZACHARIAH M. DAVIDSON III P.O. Box 369

: :

Hiram, GA 30141

:

:

MICHAEL L. DAVIS

:

109 Jacaranda Ct

:

Royal Palm Beach, FL 33411

:

:

MARGARET DEAN, personal representative of :

the Estate of Robert T. Dean

:

6044 Andros Way

:

Naples, FL 34119-7515

:

STEPHEN W. DELLAPINA

:

287 Flamingo Point South

:

Jupiter, FL 33458

:

:

ERNEST JACK DEMONTE

:

237 Melrose Drive

:

New Stanton, PA 15672

:

:

JAMES DEPIZZO

:

270 N. Bayshore Drive

:

Columbiana, OH 44408

:

JOHN ANTHONY DEVITO

:

1719 Pineland Court

:

Orange City, FL 32763

:

:

GAIL DICKMAN

:

778 Elizabeth Drive

:

Florence, KY 41042

:

: MARK L. DIVINCENZO

CONSOLIDATED AMENDED COMPLAINT - 10 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 11 of 266

3154 Deerfield Court

:

Murrysville, PA 15668

:

:

MICHAEL DOHENY

:

845 Victoria Lane

:

Elk Grove Village, IL 60007

:

JEFFREY M. DOMBECK

:

10559 Whitecomb Cir.

:

Boynton Beach, FL 33473

:

:

TERRANCE DONOGHUE

:

1619 Battery Circle

:

Hebron, KY 41048

:

:

VALERY DORSHIMER

:

13645 Deering Bay Dr. Ph 163

:

Coral Gables, FL 33158

:

JOYCE DOUGLAS

:

10521 S Hale Ave Apt 1C

:

Chicago, IL 60643

:

:

RUFUS C. DOWELL

:

2309 River Road

:

Jacksonville, FL 32207

:

:

SUSAN DRAPEAU

:

P.O. Box 716

:

Peru, NY 12972

:

RICHARD DROE

:

3154 Coleridge Road

:

Cleveland Heights, OH 44118

:

:

GEORGE F. DRUMMOND

:

156 Indian Circle

:

Williamsburg, VA 23185

:

:

WALTER J. DUBIEL

:

353 Main Street

:

Farmington, CT 06032

:

THOMAS R. DURAN

:

15255 W. Auburn Avenue

:

Lakewood, CO 80228

:

:

DENNIS R. DYKE

:

38458 Renwood Avenue

:

Avon, OH 44011

:

: LARRY R. DYKSTRA

CONSOLIDATED AMENDED COMPLAINT - 11 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 12 of 266

8500 Golden Valley Drive

:

Maple Falls, WA 98266

:

:

RICHARD MORRISON EARL, JR.

:

405 S. Cedar Bluff Road

:

Knoxville, TN 37922

:

RONALD F. EATON

:

4435 Black Diamond Drive

:

Sparks, NV 89436

:

:

MICHAEL ECONOMOS

:

2046 Otter Way

:

Palm Harbor, FL 34685

:

:

RONALD R. EDWARDS

:

6810 Japura Court NE

:

Rio Rancho, NM 87144-6239

:

RICHARD EIRICH

:

1919 4th St.

:

Kirkland, WA 98033

:

:

ROSLYN EISENSTARK

:

9660 Isles Cay Drive

:

Delray Beach, FL 33446

:

:

BRUCE ENGERT

:

58 Roads End Rd.

:

Boothbay Harbor, ME 04538

:

JANE ESCHRICH-WALSH

:

16105 Dunblaine

:

Beverly Hills, MI 48025

:

:

BILL ESTES

:

8035 53rd Ave. West, Unit B

:

Mukilteo, WA 98275

:

:

STEVEN EVANS

:

319 Mackenzie Dr.

:

West Chester, PA 19380

:

SANDY K. FABRICATORE

:

PO Box 593

:

Eastport, NY 11941

:

:

JOSEPH FALCONI III

:

31 Arkansas Avenue

:

Ocean City, NJ 08226

:

: CHRISTIAN G. FARLEY

CONSOLIDATED AMENDED COMPLAINT - 12 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 13 of 266

2 Raphael Court

:

Clifton Park, NY 12065

:

:

SHEILA FARMER

:

893 Sherwood Dr.

:

Macedonia, OH 44056

:

CURTIS FARRAR

:

920 Doral Drive

:

Fort Worth, TX 76112

:

:

RALPH V. FAULK

:

251 Story Road

:

Export, PA 15632

:

:

PHILIP DEAN FEISAL

:

2705 N Meridian Place

:

Oklahoma City, OK 73127

:

CARL E. FIELDER

:

4650 Van Kleeck Drive

:

New Smyrna Beach, FL 32169

:

:

DORIS FIELDS

:

7226 S Lafayette Ave

:

Chicago, IL 60621

:

:

LARRY D. FINLEY

:

12509 Gaston Court

:

Oklahoma City, OK 73170

:

WILLIAM FLOOD

:

P.O. Box 5403

:

Sun City Center, FL 33571

:

:

GERALD L. FLORES

:

2381 Matthew John Drive

:

Dubuque, IA 52002

:

:

ERIC A. FORD

:

917 Field Street

:

Hammond, IN 46320

:

JOHN R. FORREST

:

6330 Star Grass Lane

:

Naples, FL 34116-6737

:

:

ALLEN F. FOSTER

:

750 Silver Cloud Circle #104

:

Lake Mary, FL 32746

:

: ROBERT FRANZ

CONSOLIDATED AMENDED COMPLAINT - 13 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 14 of 266

520 Valley Stream Drive

:

Gevena, FL 32732

:

:

BOSS ROBERT FRIES, III

:

807 S. Gray

:

Stillwater, OK 74074

:

JODENE GARDNER

:

15126 Douglas Circle

:

Omaha, NE 68154

:

:

ROBERT E. GARY

:

2811 E. 84th St.

:

Tulsa, OK 74137

:

:

LARRY O. GENTRY

:

625 Lakehaven Cr

:

Decatur, TN 37322

:

SAMUEL E. GILLETTE

:

8435 SW 48 St.

:

Miami, FL 33155

:

:

GARY GOELZ

:

621 Country Vue Ct.

:

Cranberry Twp., PA 16066

:

:

RANDOLPH GOODWIN, JR.

:

78 Highcrest Road

:

Wethersfield, CT 06109

:

JAMES A. GRADY

:

2233 Spring Creek Cir NE

:

Palm Bay, FL 32905

:

:

WILLIAM D. GREENE

:

2390 Mid Pine Ct

:

Oviedo, FL 32765

:

:

SANDRA GUTHRIE

:

5 Hunt Drive

:

Belleville, IL 62226

:

GERALD GUTZEIT

:

6423 Parkwood Place

:

Florence, KY 41042

:

:

FRANKLIN P. HALL

:

4337 Sawmill Trace Drive

:

Charlotte, NC 28213

:

: BRENDA C. HAMMOND

CONSOLIDATED AMENDED COMPLAINT - 14 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 15 of 266

4670 Diann Drive

:

College Park, GA 30349

:

:

LORETTA CAUSEY HANNON

:

8930 Equus Circle

:

Boynton Beach, FL 33472

:

FRANCIS HANRATTY

:

8917 Litchfield Avenue

:

Las Vegas, NV 89134

:

:

JAN HANSON

:

2707 Huron Street

:

Bellingham, WA 98226

:

:

CHRIS HARDESTY

:

P.O. Box 652

:

Astatula, FL 34705

:

RONALD C. HARRISON, JR

:

3537 Pinehurst Drive

:

Plano, TX 75075

:

:

JOHN W. HEASLEY

:

4069 Highlander Avenue

:

Lake Havasu City, AZ 86406

:

:

CONI HEIDLE

:

130 Campbell Lane

:

Clinton, TN 37716

:

DARLENE HEINEN

:

N. 2970 River Ridge Road

:

Waldo, WI 53093

:

:

GERALD HEINEN

:

N. 2970 River Ridge Road

:

Waldo, WI 53093

:

:

ROBERT HELSEL

:

2902 Village Square Drive

:

Dover, PA 17315

:

JAMES LOUIS HEMPHILL

:

1300 Melrose Drive

:

Norman, OK 73069

:

:

GAIL ROGERS HIBBLER

:

1000 S. Cuyler

:

Oak Park, IL 60304

:

: LARRY W. HICE

CONSOLIDATED AMENDED COMPLAINT - 15 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 16 of 266

7910 SW 103rd Avenue

:

Gainesville, FL 32608-6208

:

:

DANNY HIGDON

:

1526 Circle Drive

:

Guntersville, AL 35976

:

PATRICIA A. HILL

:

8439 S. Constance Avenue

:

Chicago, IL 60617

:

:

RICHARD D. HILL

:

225 Leland St.

:

Bloomington, IL 61701

:

:

JAMES HILLAN

:

4986A S. Nelson Street

:

Littleton, CO 80127

:

LEANNE HINKLE (FORMERLY

:

MCCURLEY)

:

110 Stage Coach St

:

Hemphill, TX 75948

:

:

JOHN HLOHINEC

:

4331 Sunniland St.

:

Sarasota, FL 64233

:

:

JIMMY D. HOCK

:

10300 Katy Line Ct. Yukon, OK 73099

: :

CHARMAIN A. HORVATH

:

464 Barwell Street

:

Akron, Ohio 44303

:

:

DAN P. HOURIHANE

:

484 Ferndale Lane

:

Prospect Heights, IL 60070

:

:

STEVE HOWELL

:

6932 Petworth Rd Memphis, TN 38119

: :

GEORGE HUYE

:

11604 Villa Ave

:

Baton Rouge, LA 70810

:

:

JOHN IAPOCE

:

10 Talbot Court

:

Bluffton, SC 29909

:

CONSOLIDATED AMENDED COMPLAINT - 16 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 17 of 266

SANDRA INMAN

:

1305 Bradford Lane

:

Knoxville, TN 37919

:

:

CHARLES S. JACKSON

:

PO Box 611 White Marsh, VA 23183

:

:

RICK JAHNS

:

1427 W. Windhaven Avenue

:

Gilbert, AZ 85233-5143

:

:

ROBERT JAYSON

:

14612 Barletta Way

:

Delray Beach, FL 33446

:

:

LELAND JELINEK

:

2476 Lawndale Road Grand Forks, ND 58201

: :

CHARLES JOHNSON

:

7652 Doe View Drive

:

West Chester, OH 45069

:

:

REECE JOHNSON

:

7030 S.W. 82nd Avenue

:

Miami, FL 33143

:

:

LARRY JONES

:

17604 Durbin Park Rd Edmond, OK 73012

: :

RONALD R .JONES

:

739 N. Pendleton Avenue

:

Pendelton, IN 46064

:

:

KAREN JUNEMAN, as personal representative :

of the Estate of Roger Juneman

:

902 Persimmon Lane - Unit B

:

Mount Prospect, IL 60056

:

:

DAVID N. KAPEC 8436 NW 6th Avenue Gainesville, FL 32607-1406

: :

:

KATHLEEN KENNEY

:

1147 Oak Ridge Drive

:

Streamwood, IL 60107

:

:

ROBERT J. KILLEEN

:

334 Rue St. Peter

:

Metairie, LA 70005

CONSOLIDATED AMENDED COMPLAINT - 17 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 18 of 266

:

ROBERT E. KIMBLE

:

P.O. Box 847

:

Cleveland, MS 38732

:

:

THOMAS KROHNER P.O. Box 269

:

Torrington, CT 06790

:

:

MARIA KRUMM, as personal representative of :

the Estate of Gary J. Krumm

:

41062 E. Rosewood

:

Clinton Township, MI 48038

:

:

AMOS KUYKENDOLL

:

15123 Oak Street

:

Dolton, IL 60419

:

WILLIAM LANDMARK 146 Arthur Avenue

: :

Thornwood, NY 10594

:

:

GREGORY LANE

:

2514 15th Street

:

Meridian, PA 39301

:

:

BRUCE LARRABEE

:

27 Erland Road

:

Stoney Brooke, NY 11790

:

JENNIFER LATHAM, as personal representative of the Estate of Charles E.

: :

Latham

:

3585 Weeping Willow Lane

:

Loganville, GA 30052

:

:

CAROL E. LEBLANC

:

14260 W Newberry Rd

:

Newberry, FL 32669

:

:

JOSEPH LEE

:

4675 South Valleyview Drive West Bloomfield, MI 48323

: :

SHARON E. LIBBRA

:

1815 Penina Dr.

:

Crosby, TX 77532

:

:

TERRY GENE LIBBRA

:

1815 Penina Dr.

:

Crosby, TX 77532

:

CONSOLIDATED AMENDED COMPLAINT - 18 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 19 of 266

JANET LINDSAY, as personal representative :

of the Estate of Ronald Lindsay

:

404 Larson Dr.

:

Danbury, CT 06810

:

:

JAMES W. LONGMAN 2214 Teal Ct.

:

Bellingham, WA 98229

:

:

JOHN LUCAS

:

9 Mohegan Lane

:

Rye Brook, NY 10573

:

:

JAMES E. LYNCH

:

3910 Donegal Drive

:

Bethlehem, PA 18020

:

:

MICHAEL MACISCO 745 Nichols Avenue, Apt. 1 Stratford, CT 06614

: :

:

JOHN MALEK

:

781 Doctor Ave

:

Sebastian, FL 32958

:

:

STEVEN MALLORY

:

10256 Huntington Avenue

:

Omaha, NE 68122

:

:

JOHN MALLOY 2913 Cheyenne Drive Bowling Green, KY 42104

: :

:

PATRICIA MARAZO

:

120 N. Hisbiscus Ct.

:

Plantation, FL 33317

:

:

NICHOLAS S. MARINOS

:

248 Melrose Drive

:

New Stanton, PA 15672

:

:

EUGENE MARONEY 1219 Sleepy Hollow Road - Unit 1197 Athens, NY 12015

: :

:

JOHN MARSH

:

1054 Mildred Avenue

:

Lorain, OH 44052-1218

:

:

RICHARD MASI

:

13837 76th Terrace North

:

Seminole, FL 33776

CONSOLIDATED AMENDED COMPLAINT - 19 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 20 of 266

:

GLEN MASON

:

4001 Sunflower Road

:

New Brighton, PA 15066

:

:

SCOTT A. MATTINGLY 2297 Burns Road

:

Rineyville, KY 40162

:

:

THOMAS W. MATYJASIK

:

1180 Cedar

:

Birmingham, MI 48009

:

:

THOMAS MCCALL

:

1050 Starkey Rd Apt 2503

:

Largo, FL 33771

:

:

RUDOLPH MCCLINON JR. 550 Alton Way, Unit 7154 Denver, CO 80230

: :

:

CASEY MCCOY

:

508 East Noble Ave.

:

Guthrie, OK 73044

:

:

SHERRY MCDONALD

:

PO Box 1396

:

Ocean Park, WA 98640

:

:

THOMAS MCEVANS III 22617 Avon Lane Southfield, MI 48075

: :

:

JAMES P. MCGUIRE

:

3933 Forest Avenue

:

Western Springs, IL 60558

:

:

JOHN F. MCKENZIE

:

172 Williamsburg Drive

:

Monroe, CT 06468

:

:

ANTHONY MCMURRAY 21373 S. Boschome Circle Kildeer, IL 60047

: :

:

PETER S. MCVITTIE

:

56 Chestnut

:

Chelsea, MI 48118

:

:

JERREL L. MEAD

:

56426 Elmer Ave

:

South Bend, IN 46619

CONSOLIDATED AMENDED COMPLAINT - 20 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 21 of 266

:

MARY MENDOZA

:

410 Isolde Drive

:

Houston, TX 77024

:

:

ORTON W. MESSENGER 92 Bay Tree Drive

:

Miramar Beach, FL 32550

:

:

SUSAN E. MESSINA

:

10974 Porto Foxi Street

:

Las Vegas, NV 89141

:

:

PHILLIP N. METCALFE

:

1093 Balfour Circle

:

Phoenixville, PA 19460

:

:

RONALD METZGER 517 Winkworth Parkway Syracuse, NY 13215

: :

:

PAMELA MEYER, as personal representative :

of the Estate of Michael Meyer

:

2324 San Gabriel Drive

:

Plano, TX 75074

:

:

ARTHUR R. MILES, JR.

:

2711 Wynfield Road

:

West Friendship, Maryland 21794

:

JAMES T. MILLER 1700 Helena Avenue

: :

Hartland, MI 48353

:

:

FRANK E. MILLER, JR.

:

1 Orinco Court

:

Port St. Lucie, FL 34952

:

:

JEAN MINAL

:

819 River Forest Court

:

Bensenville, IL 60106

:

FRIEDA MINGA 5073 Club Vista Point

: :

Stone Mountain, GA 30088

:

:

BARBARA ANN MINK, as personal

:

representative of the Estate of Daniel Mink

:

P.O. Box 861

:

Crystal Beach, FL 34681

:

:

CONSOLIDATED AMENDED COMPLAINT - 21 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 22 of 266

ROBERT MINTON

:

615 20th Avenue West

:

Bradenton, FL 34205

:

:

JOE MONTANARO

:

457 Dayton Road Trumbell, CT 06611

:

:

RICHARD MOORE

:

5507 W Comanche Ave

:

Spokane, WA 99208

:

:

STAFFORD W. MOORE

:

546 Coble Ave

:

Albemarle, NC 28001

:

:

DINAH MORGAN

:

277 Honor Drive Kerrville, TX 78028

: :

SYLVIA E. MOSLEY

:

P.O. Box 3214

:

Suwanee, GA 30024

:

:

D. CRAIG MULLEN

:

14364 Autumns Avenue, SE

:

Monroe, WA 98272

:

:

KELLY PATRICK MULLIGAN

:

9585 Highview Drive Eden Prairie, MN 55347

: :

DARRELL NAMIE

:

1280 Chapel Road

:

Monaca, PA 15061

:

:

HERBERT A. NEWMAN

:

2448 Charney Road

:

University Heights, OH 44118

:

:

CHESTER NOWAK

:

14581 Grande Cay Circle, Unit 3309 Ft. Myers, FL 33908

: :

RICHARD PAUL NYDEGGER

:

11224 SE 172nd Avenue

:

Happy Valley, OR 97086

:

:

THOMAS A. O’DELL

:

5877 White Tail Drive

:

Ooltewah, TN 37363

:

CONSOLIDATED AMENDED COMPLAINT - 22 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 23 of 266

WALTER ORR

:

9 Sandlewood Circle

:

Madison, WI 53716

:

:

JIM OVERMILLER

:

1095 Millcreek Road York, PA 17404

:

:

BARBARA OXNER (previously Jones)

:

837 North Cowboy Canyon Drive

:

Green Valley, AZ 85614

:

:

MARTHA PARRY

:

139 Lincoln Drive

:

Oakdale, NY 11769

:

:

FRANK M. PATTERSON

:

914 S Lombard Oak Park, IL 60304

: :

TERRY PAULK

:

4317 Avenue O

:

Galveston, TX 77550

:

:

DANIEL T. PERRY

:

4794 Timberline Drive

:

North Street, MI 48049

:

:

KEN PHILBRICK

:

13300 Indian Rocks Rd #102 Largo, FL 33774

: :

FRANK L. PHILLIPS

:

563 Cook Rd

:

Aynor, SC 29511

:

:

STEPHEN WAYNE PIGG

:

12345 Highway 601

:

Midland, NC 28107

:

:

CLIFFORD L. PINCKNEY

:

8 Hilton Glen Ct Chapin, SC 29036

: :

RITA E. PINO

:

7655 West 67th Avenue, #312

:

Arvada, CO 80004

:

:

RONALD M. PINSONEAULT

:

129 Nicole Drive

:

Brooklyn, MI 49230

:

CONSOLIDATED AMENDED COMPLAINT - 23 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 24 of 266

JOHNNY A. PLEMONS

:

2218 Canterbury Ct.

:

Deer Park, TX 77536

:

:

ROBERT POLLOCK

:

324 Amundson Parkway Stoughton, WI 53589

:

:

DENNIS H. PORTER

:

702 N. Wilson St.

:

Greenfield, IN 46140

:

:

DENNIS POWERS

:

139 Preston Circle

:

Jacksboro, TN 37757

:

:

BLAIR QUASNITSCHKA, as personal

:

representative of the Estate of Linda Kirbus (formerly Quasnitschka) 16 Crest Drive

: :

Crimwell, CT 06416

:

:

PAUL QUATTRONE

:

2146 Winsley Street

:

Clermont, FL 34711

:

:

MARZIANO P. RAGNONE

:

4709 Myra Lee Dr.

:

Auburn, MI 48611

:

JAMES RAUEN 1280 Lynrose Lane

: :

Neenah, WI 54956

:

:

DONALD P. REIMER

:

3005 Tudor Way S.E.

:

Albany, OR 97322

:

:

MARIA G. RESNICK

:

12 Washington Lane

:

Clifton Park, New York 12065

:

LINDA REYNOLDS 824 Earhart Road

: :

Ann Arbor, MI 48105

:

:

STAN RICKS

:

PO Box 2524

:

Hammond, LA 70404

:

:

DICK ROBERTS

:

4677 Aero Drive

CONSOLIDATED AMENDED COMPLAINT - 24 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 25 of 266

Lewiston, ID 83501

:

:

THOMAS ROBY

:

40 Bay Path Way

:

Branford, CT 06405

:

DAVID ROMAN

:

4506 17th Street W.

:

Palmetto, FL 34221

:

:

LLOYD T. ROSENSTEEL

:

23 Breezy Point Way

:

Argyle, NY 12809

:

:

RICHARD K. ROSKOWE

:

2751-1 E. Aragon Blvd

:

Sunrise, FL 33313

:

RICHARD ROSSELL 1432 Marlane Drive

: :

Girard, OH 44420

:

:

RONALD J. RUBIN

:

1784 Bayshore Drive

:

Englewood, FL 34223

:

:

ROBERT RUSSO

:

9822 W Indore Drive

:

Littleton, CO 80128

:

KAREN RYAN-WHITE 7901 S. Richmond Avenue

: :

Tulsa, OK 74136-8169

:

:

EDWARD M. SAAD

:

988 Chateau Drive

:

Marion, OH 43302

:

:

JOHN J. SANCHEZ

:

3219 Rustic Oak

:

San Antonio, TX 78261

:

JACK SANDERS 19793 Casa Verde Way

: :

Fort Myers, FL 33967

:

:

MICHAEL L. SANDERS

:

13817 West 54th Terrace

:

Shawnee, KS 66216-5106

:

:

SHEILA SANDERS

:

4756 Derbyshire Drive

CONSOLIDATED AMENDED COMPLAINT - 25 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 26 of 266

North Randall, OH 44128

:

:

GAIL C. SANTALUCIA-DALY

:

938 Wilson Drive

:

Lancaster, SC 29720

:

PHILIP J. SARCONE

:

23 Framingham Lane

:

Shoreham, NY 11786

:

:

RICHARD SAULLE

:

404 Rachael Court

:

Gibsonia, PA 15044

:

:

MARCOS E. SAYAGO

:

625 Tam O Shanter Dr.

:

Orlando, FL 32803-6928

:

GERALD H. SCHIELE 3462 East 62nd Street

: :

Kansas City, MO 64130

:

:

DOUGLAS SCHIFFMILLER

:

2795 Strickland Avenue

:

Brooklyn, NY 11234

:

:

TIMOTHY L. SCHWARTZ

:

6472 Marshall

:

Canton, MI 48187

:

DAVID L. SEIDEL 1423 Sandhurst Drive East

: :

Maplewood, MN 55109

:

:

ROGER SEROLA

:

6261 SE Winged Foot Dr.

:

Stuart, FL 34997

:

:

LEONARD SHAW

:

4152 King Richard Dr.

:

Sarasota, FL 34232

:

ROBERT G. SHEA JR. 908 McKinley

: :

Bay City, MI 48708

:

:

SHELDON F. SHEFF

:

9472 Southgate Drive

:

Cincinatti, OH 45241

:

:

WOODROW SHELTON JR.

:

117 Calloway Lane

CONSOLIDATED AMENDED COMPLAINT - 26 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 27 of 266

Hendersonville, TN 37075

:

:

DARRYL SHERMAN

:

1011 Horseshoe Drive

:

Sugar Land, TX 77478

:

MIKE SHOBE

:

PO Box 577

:

Ft. White, FL 32038-0577

:

:

LAWRENCE J. SIMMS

:

5325 NW 51st Street

:

Coconut Creek, FL 33073

:

:

DOUGLAS A. SIMS

:

3755 Brandi Ln.

:

Paris, TX 75462

:

ERIC B. SIMS 705 Melissa Drive

: :

Bolingbrook, IL 60440

:

:

CHINESTA SKIPPER SMITH

:

249 Ivan Church Road

:

Crawfordville, FL 32327

:

:

MARIE SMITH, as personal representative of :

the Estate of David William Smith

:

3802 Spruce Glen Drive

:

Kingwood, TX 77339

:

DENNIS Z. SMITH

:

3681 Cheltenham Road

:

York, PA 17402

:

:

RONALD W. SMITH

:

5843 South 1050 West

:

Owensville, IN 47665

:

:

ARMANDO D. SOLER

:

7061 SW 99th Avenue

:

Miami, FL 33173

:

DEBORAH ANN SORRELL-ULRICH

:

673 Wellerburn Avenue

:

Severna Park, MD 21146

:

:

DAVID ST. JOHN

:

13306 E. 94th Place North

:

Owasso, OK 74055

:

: SARAH ST. JOHN

CONSOLIDATED AMENDED COMPLAINT - 27 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 28 of 266

13306 E. 94th Place North

:

Owasso, OK 74055

:

:

ROBERT C. STEDMAN, JR.

:

9455 Sky Vista Parkway Apt 4D

:

Reno, NV 89506

:

THOMAS STEIN

:

1241 Big Oak Lane

:

Sarasota, FL 34242

:

:

MICHAEL M. STERN

:

406 Briarcliff Cir.

:

Sebastian, FL 32958

:

:

CAROL STEVENS (formerly Stehle)

:

605 Kenwood Drive

:

Vero Beach, FL 32968

:

JOHN STOUT

:

1534 Kennellworth Place

:

Bronx, NY 10465

:

:

DONALD STRIPLIN

:

1426 W. Castle Mesa Drive

:

Castle Rock, CO 80109-9504

:

:

CELESTE M. SULLIVAN

:

755 Pine Run Drive

:

Osprey, FL 34229

:

KURT A. SUMMERS

:

5421 East Harmon Apt K14

:

Las Vegas, NV 89122

:

:

STANLEY SUWALA

:

2582 Mallard Ln.

:

Gillbertsville, PA 19525-9200

:

:

PAUL SVABEK

:

12800 Hibiscus Avenue

:

Seminole, FL 33776

:

EDWARD SWANSON

:

807 Gascon Place

:

Temple Terrace, FL 33617

:

:

MARILYN SWANSON

:

4914 Ravine Court

:

Ann Arbor, MI 48105

:

: MICHELLE TABLER

CONSOLIDATED AMENDED COMPLAINT - 28 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 29 of 266

11417 Discovery Park Drive

:

Anchorage, AK 99515

:

:

RUSSELL A. TAPIE

:

1608 Disney Drive

:

Metairie, LA 70003

:

WANDA TATUM

:

P.O. Box 1868

:

Jackson, GA 30233

:

:

CHARLES TAYLOR

:

1702 Onon Daga Drive

:

Geneva, FL 32732

:

:

WRIGHT B. TAYLOR, III

:

8913 Highway 36

:

Jones Creek, TX 77541

:

ROBERT W. TELKINS

:

158 Stoney Creek

:

Houston, TX 77024

:

:

STEPHEN THOENNES

:

5918 Pearson Drive

:

Brooklyn Center, MN 55429

:

:

GARY THOMAS

:

8421 Lainie Lane

:

Orlando, FL 32818

:

MONTAGUE A. THOMAS III

:

5663 Lakeshore Village Circle

:

Lake Worth, FL 33463

:

:

JEFFREY TOBIN

:

3017 SE 5th Ave.

:

Cape Coral, FL 33904

:

:

JOSEPH TOMEC

:

23080 W. Villa Rica Road

:

Antioch, IL 60002

:

MARY.TURLEY, as personal representative of :

the Estate of Robert H. Turley

:

34251 N. Homestead Road

:

Gurnee, IL 60031

:

:

ALBERT TURNER

:

9754 S. Winston Avenue

:

Chicago, IL 60643

:

CONSOLIDATED AMENDED COMPLAINT - 29 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 30 of 266

DAVID J. TUSKEY

:

380 Westchester Road

:

Saginaw, MI 48603

:

:

GEORGE F. TWOHIG

:

430 Lowick Drive Colorado Springs, CO 80906

:

:

CORNELL G. VANDEGRIFT

:

7955 W. Evelyn Ct.

:

Cape Canaveral, FL 32920-5129

:

:

MILFORD T. VAUGHT, JR.

:

175 Sims Circle

:

Waynesville, NC 28786

:

:

LOUIS VEAL

:

5126 Springfield Ct Westerville, OH 43081

: :

DALE A. VILLEMAIN

:

3501 Amberly Trail

:

Evans, GA 30809

:

:

CLETA VINING

:

641 Romohr Acres

:

Cincinatti, OH 45244

:

:

JOSEPH J. VIOLA SR.

:

2448 N. Neva Chicago, IL 60707

: :

RONALD WANEK

:

6024 South 93rd Street

:

Omaha, NE 68127

:

:

BRIAN J. WANLESS

:

4078 Delmar View Drive

:

Grandville, MI 49418

:

:

ARTHUR WASHINGTON

:

253 Belton Road Ruston, LA 71270

: :

TIMOTHY JACKSON WATWOOD

:

10465 AL Highway 168

:

Boaz, AL 35957

:

:

MARK E. WEGNER

:

10680 S Shore Dr

:

Lake, MI 48632

:

CONSOLIDATED AMENDED COMPLAINT - 30 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 31 of 266

FINDLEY WEST

:

8719 Golden Chord Circle

:

Houston, TX 77040

:

:

NEIL WHICKER

:

113 Nicoletti Drive Midvale, UT 84047

:

:

CHARLES L. WILLIAMS

:

1015 Starling Way

:

Viera, FL 32955

:

:

WALKER WILLIAMS

:

1820 King James Road

:

Kissimmee, FL 34744

:

:

RODNEY W. WILLIAMS SR.

:

1383 Gasparilla Drive Fort Myers, FL 33901

: :

BARRY WILSON

:

7 Brookside Dr.

:

Traveleres Rest, SC 29690

:

:

ROBIN WILSON

:

1101 Winterhawk Drive

:

St. Augustine, FL 32084

:

:

FRANCES WISNIEWSKI

:

358 Woodhill Drive Carol Stream, IL 60188

: :

JAMES MICHAEL WOOD

:

125 Williamsburg Lane

:

Athens, GA 30605

:

:

KENNETH WORTHINGTON

:

3917 Rogers St.

:

Ft. Myers, FL 33901

:

:

LINDA WOSHNER

:

137 South Euclid Avenue Pittsburgh, PA 15202

: :

ROBERT A WRIGHT, JR.

:

1841 Imperial Golf Course Blvd.

:

Naples, FL 34110

:

:

BARBARA D. WRIGHT, as personal

:

representative of the Estate of Kevin A. Wright :

117 Crooked Creek Road

:

Troy, MO 63379

CONSOLIDATED AMENDED COMPLAINT - 31 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 32 of 266

:

LEONARD YARBROUGH

:

33003 Pecan Hill Drive

:

Brookshire, TX 77423

:

:

DONALD YOUNG 1147 Oak Ridge

:

Streamwood, IL 60107

:

:

JAMES M. ZAHNER

:

1211 Covington Drive

:

Saline, MI 48176

:

:

RONALD D. ZARBAUGH

:

8426 Chamberlain Place

:

Oviedo, FL 32765

:

:

ROSE ZUMWINKLE, as personal representative of the Estate of William Zumwinkle

: :

46 Glenview Loop

:

St. Cloud, MN 56303

:

:

MANUEL ZUNIGA

:

9707 Penn Avenue N

:

Brooklyn Park, MN 55444

:

:

CHARLES D. ZYBURO

:

7 Monterey Land

:

Yaphank, NY 11980

:

MICHAEL JUSTINGER

:

2581 Girdle Road

:

Elma, NY 14059

:

:

WADE LOGAN

:

6239 Titan Dr.

:

Mount Morris, MI 48458

:

:

IAN O’CONNOR

:

12949 Calais Circle

:

West Palm Beach, FL 33410

:

:

MONTY M. WEBB

:

P.O. Box 2005

:

Sheridan, WY 82801

:

:

ROBERT J. WILSON

:

285 Pinewood Drive

:

West Seneca, NY 14224

:

CONSOLIDATED AMENDED COMPLAINT - 32 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 33 of 266

OSCAR D. YOUNG

:

9300 S. Longwood Drive

:

Chicago, IL 606243

:

:

WILLIAM MCLAUGHLIN

:

98 Dean Road Dalton, PA 18414

:

:

LEONARD LICHTY

:

3023 Grandview Blvd

:

Sinking Spring, PA 19608

:

:

VICTORIA LICHTY

:

3023 Grandview Blvd

:

Sinking Spring, PA 19608

:

:

WILLIAM COTTON

:

2203 Cypress Dr. McKeesport, PA 15131

: :

MARY DIGIULIO

:

27 Jay Street

:

Feasterviller Trevose, PA 19053

:

:

MARYALICE DOYLE

:

8 Country Club Place

:

South Abington Township, PA 18411

:

:

WILLIAM LEE

:

96 Wagonwheel Lane Doylestown, PA 18901

: :

WARREN MILLER

:

535 Applewood Road

:

Fort Washington, PA 19034

:

:

EUGENE WELLER

:

1981 Norwood Lane

:

State College, PA 16803

:

:

BRUCE DENLINGER

:

492 Sugar Maple Court Bethlehem, PA 18017

: :

GARY SIGLER

:

3 Songbird Court

:

Betchelsville, PA 19505

:

:

WILLIAM QUAIROLI

:

145 Stonehedge Court

:

Cleona, PA 17042

:

CONSOLIDATED AMENDED COMPLAINT - 33 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 34 of 266

DEBORAH L. SPEDDING

:

17 Johns Drive

:

Scott Township, PA 18433

:

:

GAIL WOLFE

:

PO Box 7126 New Castle, PA 17107

:

:

ROBERT MCCARREL

:

261 Crest Avenue

:

Washington, PA 15301

:

:

PHILLIP SINGER

:

100 Lattice Lane

:

Collegeville, PA 19426

:

:

KENNETH FRANCK

:

2723 Temple Dr. Sinking Spring, PA 19608

: :

JAMES ARCHER

:

18 S. River

:

Box 98

:

Maytown, PA 17550

:

:

LAWRENCE O'HARA

:

4 Oakmont Place

:

Media, PA 19063

:

:

ROBERT WELLER 126 Lincoln Drive Shavertown, PA 18708

: :

:

ATHENA WAGNER

:

57 Medinah Drive

:

Reading, PA 19607

:

:

PAUL TRIMBORN

:

1197 Dickerson Road

:

N. Wales, PA 19454

:

:

ROBERT REBB 631 Uniola Drive Myrtle Beach, 29579

: :

:

WILLIAM SHOVER

:

106 E. Penn Grant Road

:

Willow Street, PA 17584

:

:

JOHN JUCKNIEWITZ

:

2035 Eagle Way

:

Hatfield, PA 19440

CONSOLIDATED AMENDED COMPLAINT - 34 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 35 of 266

:

BRADLEY STECKEL

:

2778 Dark Region Road

:

Clarks Summit, PA 18411

:

:

PAUL LONG PO Box 15020

:

Pittsburgh, PA 15237

:

:

JANET HAGGERTY

:

191 Summerton Drive

:

Bluffton SC 29910

:

:

JOHN CHERUP

:

422 Orchard West

:

Newberry Estates

:

Dallas, PA 18612

:

JOSEPH ROSATI 4756 Killian Avenue

: :

Reading, PA 19606

:

:

EARL SIEGFRIED

:

222 George Drive

:

Lake Ariel, PA 18436

:

:

ANN W. HARRIS,

:

9141 Valley View Drive

:

Clarks Summit, PA 18411

:

RODNEY TABOR 1224 Osprey Lane

: :

Knoxville, TN 37922

:

:

PHILLIP ANDERSON

:

178 Gills Branch Lane

:

Gordonsville, TN 38563

:

:

JUDI ALLEN

:

1002 Joanne Point

:

Mt. Juliet, TN 37122

:

FREDA SANFORD 3020 Runabout Drive

: :

Nashville, TN 37217

:

:

KAREN EMMERT

:

5009 Gov. John Sevier Highway

:

:

Knoxville, TN 37914

:

: GARY NEWSOM

CONSOLIDATED AMENDED COMPLAINT - 35 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 36 of 266

612 Kay Court

:

Nashville, TN 37211

:

:

CHRIS ROGERS

:

1516 Autumn Ridge Drive

:

Knoxville, TN 37922

:

ISABELL HUIE

:

1220 Rain Tree Road

:

Knoxville, TN 37923

:

:

JOHN SIMERLY

:

208 Main Street

:

:

Piney Flats, TN 37686

:

:

MICHAEL SIMERLY

:

1550 Maple Leaf Drive Morristown, TN 37814

: :

LAWRENCE ANZIVINE

:

104 Park St

:

Sinclairville, NY 14782

:

:

JAMES BANNON

:

1400 Cedar Ridge Ct

:

Port Orchard, WA 98366

:

:

BRUCE BOND

:

210 N. Main St. Pearl River, NY 10965

: :

CHARLES CADY

:

426 Main St

:

Middletown, NJ 07748

:

:

CHRIS CHALLENDER

:

1918 Bloomsbury Rd

:

Greenville, NC 27858

:

:

BENNY CHUNN

:

4045 Toulon Lane Cumming, GA 30040

: :

NICHOLAS COSTANZO

:

710 SW 5th Street

:

Boca Raton, FL 33486

:

:

JOSEPH DI BLASI

:

13345 86th St

:

Ozone Park, NY 11417

:

CONSOLIDATED AMENDED COMPLAINT - 36 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 37 of 266

JOHN DINEEN

:

1 Odell Drive

:

Stony Point, NY 10980

:

:

JOSEPH ECKERT

:

1832 Poplar Hill Rd Chester Springs, PA 19425

:

:

CEBIE EDWARDS

:

573 Spradlin Rd

:

Edmonton, KY 42129

:

:

WILLIAM FARR

:

323 Price St

:

Jamestown, NY 14733

:

:

GERALD FLORES

:

2381 Matthew John Dr Dubuque, LA 52002

: :

DONALD FRANCHINO

:

14 April Ct

:

Nanuet, NY 10954

:

:

VIRGINIA GANGE

:

4057 Hanging Moss Loop

:

Spring Hill, FL 34609

:

:

ROBERT GEBLER

:

3 Canyon Dr Westerly, RI 02891

: :

PAUL GILLIHAN

:

1668 Edison Shores Ln

:

Port Huron, MI 48060

:

:

JAMES GREGG

:

76 Portsmouth Circle

:

Glen Mills, PA 19342

:

:

LEONARD GREGOLINE

:

1581 Hogan Ave Chesterton, IN 46304

: :

DAVID GROSSNICKLAUS

:

3145 River Rd

:

Eugene, OR 97404

:

:

LARRY HALL

:

4154 Zodiac Pl

:

Castle Rock, CO 80109-3768

:

CONSOLIDATED AMENDED COMPLAINT - 37 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 38 of 266

RAYMOND HATTAWAY

:

2045 Midway Rd

:

Lizella, GA 31052

:

:

TOM HAWKINS

:

3100 Kingsridge Dr Lenoir, NC 28645

:

:

JOHN HOGAN

:

P.O. Box 2046

:

Brevard, NC 28712

:

:

WILLIAM HOGAN

:

4619 Trails Drive

:

Sarasota, FL 34232

:

:

DENNIS KARLAN

:

307 Westridge Dr SW Cedar Rapids, IA 52404

: :

DONALD MATTINGLY

:

38273 Bluebird Lane # 426

:

Selbyville, DE 19975

:

:

DONALD MCCRARY

:

4409 Lake Limestone Dr

:

Baton Rouge, LA 70816

:

:

JAMES MORGAN

:

9125 Barberry Lane Hickory Hills, IL 60457

: :

JOYCE MORGAN

:

2196 Gambel Oak Drive

:

Sandy, UT 84092

:

:

WILLIAM MURTHA

:

275 Palm Ave-Jupiter Bay-B201E

:

Jupiter, FL 33477

:

:

BRIAN PURTLE

:

14 Dreyer Pl Texarkana, TX 75503

: :

CHARLES RANDAZZO

:

2691 Batchelder St

:

Brooklyn, NY 11235

:

:

EDWARD RESNER

:

4610 Hillvale Ave N

:

Oakdale, MN 55128

:

CONSOLIDATED AMENDED COMPLAINT - 38 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 39 of 266

DONALD RIGGINS

:

15268 Legend Oaks Ct

:

Indian Land, SC 29707

:

:

THOMAS SCHNEIDER

:

11600 W 156 Terrace Overland Park, KS 66221

:

:

JAMES SHUMAKER

:

1136 Hwy 15 N

:

Laurel, MS 39440

:

:

LYNN SOWARD

:

7702 Mowinkle Cove

:

Austin, TX 78736

:

:

ARTHUR SPEARS, III

:

609 Laurel Hill Rd Norwich, Ct 06360

: :

NICHOLAS STAVOLA

:

1042 Benmore Ave

:

Franklin Square, NY 11001

:

:

BRIEN SULLIVAN

:

8 Sipala Ct

:

East Northport, NY 11731

:

:

CHRISTOPHER SULLIVAN

:

8 Sloane Ct Stony Point, NY 10980

: :

ROBERT SUTTER

:

1025 Portman Pl

:

Lansing, MI 48917

:

:

WILLIAM TARRIER

:

5081 Pratt Road

:

Ann Arbor, MI 48103

:

:

MICHAEL VALENTE

:

5 Cricket Ct New City, NY 10956

: :

RUBY WATKINS

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89 Fairview Ave Ext

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Bridgeport, CT 06606

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GARY WEAVER

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221 Gilliam St

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Oxford, NC 27565

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CARMON GREEN

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6608 Timber Ridge Ct.

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Fort Smith, AR 72916

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KENNETH KOHLER

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6911 Howard Hill Road Fort Smith, AR 72916

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Plaintiffs,

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:

v.

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ALLSTATE INSURANCE COMPANY,

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THE ALLSTATE CORPORATION,

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AGENTS PENSION PLAN, and

:

ADMINISTRATIVE COMMITTEE, in its

:

capacity as administrator of the Agents Pension :

Plan, 2775 Sanders Road Northbrook, IL 60062

: :

:

EDWARD M. LIDDY, in his capacity as former : President and Chief Executive Officer of The :

Allstate Corporation and Allstate Insurance

:

Company,

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900 N. Ringwood Rd. N.

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Lake Forest, IL 60045

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:

Defendants

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:

:

:

:

INTRODUCTION

1. This action is primarly based on a series of events by which Allstate Insurance

Company and its parent, The Allstate Corporation (referred to collectively herein as “Allstate”),

violated the rights of thousands of “captive” insurance sales agents whom Allstate employed

during the 1990’s, most of whom had their “R830” or “R1500” employment contracts terminated

en masse in 2000 through Allstate’s “Preparing for the Future” Group Reorganization Program

(the “Program”). During the course of their longstanding contractual relationships with Allstate,

these employee agents had brought enormous value to the company by investing at least about a

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decade of exclusive service to Allstate and, at its behest, substantial personal resources to expand the company’s customer and revenue base. They made these investments in a “book of business” that Allstate maintains they did not own, based upon the promise Allstate would provide them with a “guaranteed income” and lifetime “financial security,” principally through a “superior” compensation package that included substantial benefits under the company’s pension, profit sharing and other employee benefit plans (collectively, the “Plans”) touted as the best the industry had to offer.
2. Among other things, in order to induce employee agents to devote their careers to selling insurance and financial services products exclusively on behalf of Allstate, the company made them participants in the Agents Pension Plan after one year of service and they became fully vested after five (5) years. The early retirement provisions of the Agents Pension Plan were one of the most attractive features. In addition to the fact any individual having at least twenty (20) years of “continuous service” was eligible for early retirement benefits at age 55, the amount of the benefit was enhanced or “beefed-up” in order to create a further incentive for early retirement.
3. During the 1990’s, Allstate began to pull the rug from under its employee agents. First, in November 1991, it unlawfully attempted to amend the Agents Pension Plan retroactively to phase out the “beefed up” early retirement benefit over several years, with the benefit completely eliminated for agents who elected early retirement subsequent to December 31, 1999.
4. Second, through amendments adopted over several years, Allstate attempted to amend the Agents Pension Plan further to exclude a particular form of “service”—that is, service in a capacity denominated as “Exclusive Agent independent contractor”—from being counted as “service” for purposes of accruing additional retirement benefits and determining eligibility for early retirement benefits.
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5. Third, to get out from under the burden of its promise of financial security to R830 and R1500 employee agents, Allstate strove throughout the 1990’s to persuade these employee agents to convert to so-called “Exclusive Agent independent contractor” status by telling them that such status would give them even more “entrepreneurial freedom” and a capacity for much greater earning power. Those agents who “converted” to “Exclusive Agents,” however, continued to perform the same job that they had always performed as employee agents and were, in reality, subject to no less control than they had been subject to prior to their conversion, but they no longer enjoyed the protections against termination provided by their R830 or R1500 employment contract nor the generous employee benefits that came with their classification by Allstate as employees. Moreover, by characterizing them as “independent contractors” and by amending the Agents Pension Plan to deny them credit for the service they gave Allstate as Exclusive Agents, Allstate was able, in effect, to deprive these agents of their early retirement subsidies under the Agents Pension Plan.
6. Despite Allstate’s efforts to induce employee agents to voluntarily convert to Exclusive Agents, approximately 6,200 employee agents—including all the named plaintiffs and deceased former agents (other than decedent Ernest P. Wendt) whose Estates are represented by named plaintiffs (collectively referred to as “Plaintiffs”)—remained under an R830 or R1500 employment contract as of November 1999. Having failed in a decade-long effort to persuade these employee agents to voluntarily relinquish their job security and employee benefits, Allstate and its then-President and Chief Executive Officer, Edward M. Liddy, decided to dictate that result through coercive and unlawful measures. To this end, Allstate announced in November 1999 that it was instituting the Program, under which Plaintiffs and virtually all other employee agents would have their R830 or R1500 employment contracts involuntarily terminated by June
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30, 2000,2 and would be permitted to retain their Allstate careers only if they converted to purported independent contractor “Exclusive Agents” under Allstate’s non-negotiable terms. To ensure that the employee agents would not be able to reacquire their pension and other benefits by obtaining reemployment with the company in some other capacity, Allstate designed and later imposed a moratorium on rehiring employee agents subject to the Program, regardless of their ample qualifications.
7. In its public pronouncements, Allstate justified the Program as a measure designed to promote “productivity” and “entrepreneurial freedom,” and thus “re-energize” its insurance sales force. Allstate also claimed the Program was intended to eliminate the complexity of having multiple agent programs and contracts. Yet Allstate continued to have the same number of different agent programs and contracts after the Program.
8. The true reasons underlying Allstate’s decision to terminate Plaintiffs and substantially all of its other long-service employee agents were different. Allstate wished to rob its employee agents of the pension and other benefits to which they were or might in the future become entitled under the Plans. Indeed, the Program was the central feature of a “field realignment” designed to save approximately $325 million in annual expenses, a significant portion of which consisted of annual savings arising out of eliminating the cost of providing pension, profit sharing and other benefits to more than 6,000 employee agents.
9. Allstate also instituted the Program to replace older employee agents with younger hires. Because Allstate had ceased hiring new R830 or R1500 employee agents by 1990, that segment of its workforce had grown progressively older such that, by October 1999, approximately 90 percent of those remaining employee agents were over the age of 40 and the average age of the remaining employee agents had risen to 50. Allstate and its senior

2

Employee agents in Montana were to be terminated as of September 30, 2000, and employee agents in

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management stereotypically viewed these older agents as lacking in energy, drive, initiative and entrepreneurial spirit, and they were referred to variously as a “problem,” as creating a “toxic environment” and as “bad for the morale of the younger agents.”
10. Correctly reckoning that about 2,000 employee agents would leave the company rather than accept something they had continually spurned over the preceding decade, Allstate’s management saw the Program as a singular opportunity to replace upwards of twenty percent of its older agents and distribute the sizable books of business these agents had been developing and servicing over the period of about a decade or more to new hires who were thought to be more “energetic” and “productive.”
11. In phasing out the “beef-up” and altering the eligibility requirements for obtaining early retirement benefits, Allstate violated the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), 29 U.S.C. §§ 1001 et seq., and, in particular, ERISA Section 204(g)(2) (codified as 29 U.S.C. § 1054(g)(2)), which prohibits any plan amendment that has the effect of “cutting back” on early retirement benefits or subsidies.
12. In severing the employment contracts of about 6,200 employee agents through the Progam to deprive them of benefits under the Plans and purge hundreds of older workers from the ranks of its sales force, Allstate acted in blatant violation of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621 et seq. (“ADEA”) and ERISA, as well as its myriad of contractual and fiduciary obligations.
13. As a result of the Program, Plaintiffs and other similarly-situated employee agents experienced a sudden and dramatic decline in income. Many were forced to abandon their professions, deplete their life savings, sell or mortgage their homes and/or file for bankruptcy. Others have suffered from anxiety, depression, loss of self-worth and such severe emotional
Delaware were to be terminated as of December 31, 2000.
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distress that they have required medical treatment or hospitalization, and in some instances, have died.
14. To evade accountability for conduct that it well understood to be unlawful, Allstate presented the employee agents subject to the Program with the following ultimatum: if they did not sign the standardized General Release and Waiver Agreement (the “Release”) that purported to waive their right to challenge the legality of the company’s conduct, as well as the Release itself, they would not be permitted to continue in the service of the company, albeit as a so-called “Exclusive Agent independent contractor,” or to attempt to sell the profitable books of business they had developed over many years of dedicated service. In other words, Allstate would sever its ties completely with employee agents who did not sign the Release and would confiscate their books of business, including the substantial investments employee agents had been pressured or induced to make therein. Faced with this “Hobson’s choice,” virtually all employee agents subject to the Program signed the Release.
15. In successfully strong-arming over 99 percent of the employee agents into signing the Release, Allstate exploited their financial vulnerability and betrayed the confidence they had reposed in the company during relationships that spanned upwards of a decade. Not only had Allstate aggressively encouraged these employee agents to invest their own financial resources for the purpose of building the company’s business, it also had prohibited them from selling any competing insurance and financial products, pursuing any other business venture or earning other income for retirement. Moreover, Allstate imposed severe restrictions on the ability of its employee agents to develop any competing business upon the termination of their Allstate employment. Thus, when confronted with the Release, employee agents were left so vulnerable to overreaching by Allstate and were under such extreme duress, they had no other choice but to sign. Recognizing those pressures, the United States Equal Employment Opportunity
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Commission (“EEOC”) issued a determination in which it characterized Allstate’s conduct as “threats, coercion, and intimidation” and found that the Release was in violation of the ADEA and, hence, unenforceable. Not content with merely applying such coercive pressure on the agents, however, Allstate also made repeated misrepresentations about the Release and the consequences of signing or not signing it, with the purpose or effect of reasonably inducing employee agents to sign the Release.
16. Plaintiffs have brought this suit on behalf of themselves (or the Estates of those deceased former employee agents plaintiffs represent) and other similarly-situated former employee agents to have the Release declared invalid and/or to otherwise vindicate their rights under the ADEA, ERISA and the common law.
17. Moreover, 28 of the Plaintiffs (collectively, “Romero III Plaintiffs”) brought suit because Allstate, in bad faith and with reckless disregard of the unlawfulness of its conduct, asserted retaliatory counterclaims and took other retaliatory actions against them after the Program with the intent to punish them for filing charges of discrimination with the EEOC and filing their original action challenging the Program and the Release (Civ. A. No. 01- 3894 (“Romero I”)), to intimidate them from availing themselves of the statutory protections afforded under federal laws, and to otherwise deter other similarly situated agents from pursuing claims under the ADEA and ERISA.
JURISDICTION AND VENUE 18. This is a civil action over which original jurisdiction is vested in this Court by 28 U.S.C. §§ 1331 and 1343(a), 28 U.S.C. § 2201(a), and 29 U.S.C. § 626(f)(3). This Court also is vested with exclusive subject matter jurisdiction over Plaintiffs’ claims under ERISA pursuant to 29 U.S.C. § 1132(e)(1) and (f).
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19. This Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367 over all non-federal claims asserted herein because they are so related to the claims within the Court’s original or exclusive jurisdiction that they form part of the same “case or controversy” under Article III of the United States Constitution.
20. This Court has personal jurisdiction over the defendants pursuant to 29 U.S.C. § 1132(e)(2) because defendants have the requisite minimum contacts with the United States and the Commonwealth of Pennsylvania. In addition, defendants have waived any challenge to personal jurisdiction because this action was commenced in 2001 and defendants have never contested personal jurisdiction. The Court also has personal jurisdiction over Allstate based on its continuous and systematic contacts with the Commonwealth of Pennsylvania, which render Allstate essentialy at home in the Commonwealth of Pennsylvania. The Court additionally has personal jurisdiction over other defendants because several claims arise out of their contacts with the Commonwealth of Pennsylvania, they purposefully directed their activities toward the forum, and the exercise of jurisdiction comports with fair play and substantial justice.
21. Venue is appropriate in the Eastern District of Pennsylvania under 29 U.S.C. § 1132(e)(2), because this action was brought in a judicial district in which a defendant resided or may be found at the time the action was commenced and becaue, for several plaintiffs, the breach took place in this district. In addition, defendants have conceded that venue is proper in this district in prior pleadings and/or have waived any challenge to venue by not contesting it. Venue is also appropiate under 28 U.S.C. § 1391, because Allstate resided in the Eastern District of Pennsylvania at the time this action was brought and because a substantial part of the events or omissions giving rise to the action occurred in this district, where, among other things, a number of the unlawful employment and other practices alleged on a class-basis were
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committed, most of the unlawful acts of retaliation alleged by the 28 Romero III Plaintiffs took place, and many Plaintiffs have resided, were employeed by Allstate, and currently reside.
THE PARTIES A. PLAINTIFFS
1. General Allegations As To All Plaintiffs 22. Each of the Plaintiffs in this action was employed by Allstate during the 1990s as an insurance agent under a R830 Allstate Agent Compensation Agreement (“R830 contract”) or a R1500 Agent Employment Agreement (“R1500 contract”). All of the Plaintiffs except for Ernest P. Wendt (collectively, “Plaintiffs subject to the Program”) had their Allstate “employee” status and employment contracts terminated by Allstate as part of the Program. Those Plaintiffs subject to the Program who were employed under the R830 contract and R1500 contract at the time of the Program are respectively referred to herein as “R830 Plaintiffs” and “R1500 Plaintiffs.” 23. Each of the 28 Romero III Plaintiffs—Gene Romero, James Bever, Roger Boyd, Richard Carrier, Paul Cobb, Craig Crease, Sylvia Kelly, Dwight English (now deceased and represented by A. Burton English), Ronald Harper, Michael Kearney, Thomas Kearney, Larry Lankford, David Lawson, Nathan Littlejohn, Rebecca Maslowski, Craig Millison, James Moorehead, Christopher Perkins, Richard Peterson, James Pilchak (now deceased and represented by Mary Jane Pilchak), Paula Reinerio, Paul Shirley, Donald Trgovich, Richard Wandner, Timothy Weisman, Anthony Wiktor, John Wittman, and Ralph Wolverton—is an original named plaintiff in Romero I and Romero II. As such, they have asserted claims against Allstate arising under various federal statutes prohibiting discrimination and retaliation, including the ADEA and ERISA. Each of the plaintiffs was also a defendant in Romero I as to each of the four purported counterclaims asserted by Allstate in 2002.
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24. All Plaintiffs subject to the Program—except for Stephen Dellapina, Mark DiVincenzo, Sandy K. Fabricatore, Christian G. Farley, Samuel E. Gillette, Gail Rogers Hibbler, D. Craig Mullen, Eric B. Sims, Dennis Z. Smith, Charles Cady, James Gregg, Brian Purtle, Christopher Sullivan, Karen Emmert, Phillip Anderson, Judi Allen, Chris Rogers, and Michael Simerly—had attained the age of 40 prior to the termination of their employment contracts. Those Plaintiffs subject to the Program who were age 40 or older are collectively referred to herein as the “ADEA Plaintiffs” and are the plaintiffs asserting the claim at COUNT IV
25. In addition, each of the Romero III Plaintiffs was at least 40 years of age as of August 1, 2001, the date they collectively engaged in protected activity by filing a lawsuit challenging the lawfulness and enforceability of the Release.
26. At all times pertinent hereto, each of the Plaintiffs was an “employee” of Allstate within the meaning of 29 U.S.C. §§ 630(f) and 1002(6), and a vested “participant” in and/or “beneficiary” of the Agents Pension Plan within the meaning of 29 U.S.C. § 1002(7) and (8).
27. As an integral part of the Program, Allstate presented its employee agents with the Release and instructed that the company would sever their not only their employment but also their agency relationships entirely on or before June 30, 2000, if they did not sign and return the Release. Allstate instructed that employee agents who signed the Release could select from three so-called “options,” two of which required the agent to convert to “Exclusive Agent independent contractor” status by entering into an “R3001S Allstate Exclusive Agent Agreement” or “R3001C Allstate Exclusive Agency Agreement” (collectively, the “R3001S contract”):
 “Option 1” or the “Forced Conversion Option”: enter into the R3001S contract and continue in the service of Allstate as a so-called “Exclusive Agent independent contractor” (the “Forced Conversion Option”);
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 “Option 2” or the “Forced Sale Option”: enter into the R3001S contract for a period of at least one month and then sell their entire book of business to a buyer approved by Allstate, before separating from the company’s service; or
 “Option 3” or the “Forced Severance Option”: separate from the service of Allstate and receive what the company characterized as “enhanced” severance payments (under the “Agent Transition Severance Plan” adopted for the Program), totaling one year’s pay, but paid out over a two-year period in 24 equal monthly installments.
Employee agents who did not sign the Release were instructed they only would be eligible to receive “base” severance (under the Agent Transition Severance Plan) totaling one week’s pay per year of service to Allstate (up to a maximum of 13 weeks’ pay) paid out in six (6) equal monthly installments and subject to a new two year non-compete/non-solicitation restriction and a temporally unlimited confidentiality obligation unlike any in the R830 and R1500 terminated contracts.
28. Approximately 400 Plaintiffs and other employee agents put Allstate on notice of allegations of class-wide age discrimination and/or retaliation by filing timely charges with the EEOC and/or equivalent state agencies.
29. All administrative prerequisites for maintaining Plaintiffs’ ADEA collective action claims have been met. Any further efforts to exhaust administrative remedies would have been futile because the decision to terminate the employee agents through the Program was an integral part of a company-wide program authorized at the highest level of Allstate’s management, including Richard (Rick) Cohen and defendant Edward M. Liddy and because Allstate refused to resolve the issues raised by Plaintiffs’ timely charges through EEOC conciliation or otherwise.
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30. All administrative prerequisites for maintaining the individual retaliation claims of the Romero III Plaintiffs have also been met. Each of those plaintiffs has placed Allstate on notice of allegations of retaliation in violation of the ADEA by filing a timely charge with the EEOC. After investigating such charges, the EEOC determined that the counterclaims at issue constituted unlawful retaliation in violation of the ADEA. The EEOC additionally reached the “inescapable conclusion” that Allstate brought those counterclaims in order “to discourage other of its employees from pursuing employment discrimination claims against it and to punish . . . plaintiffs for filing an age discrimination lawsuit against it.” According to the EEOC, Allstate “failed to produce any convincing evidence” to support its counterclaims and filing the counterclaims “is in contradiction to [the] position [Allstate] stated to the Commission and is compelling evidence that Allstate did not file its counterclaims in good faith.”
31. Upon termination of his or her employment contract, each of the Plaintiffs subject to the Program either continued to provide compensated service to Allstate as a so-called “Exclusive Agent independent contractor” under the Forced Conversion Option (“Converted Plaintiffs”) or retired from the service of Allstate under the Forced Sale or Forced Severance Option (“Retired Plaintiffs”). Those Converted Plaintiffs who are Romero or Tabor Plaintiffs (as defined below) and who had completed less than twenty (20) years of continuous service as employees at the time their R830 or R1500 contract was terminated under the Program are collectively referred to herein as “ERISA Converted Agent Plaintiffs” and are the plaintiffs asserting the claim at COUNT IX. Those Retired Plaintiffs who are Romero Plaintiffs (as defined below) are collectively referred to as “ERISA Retired Agent Plaintiffs” and are the plaintiffs asserting the claim at COUNT X.
32. As of December 31, 1991, each of the Romero and Tabor Plaintiffs (as defined below)—except for Harold E. Baker, John R. Forrest, Francis H. Hanratty, Robert J. Killeen,
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Jean Minal, John Stout, George F. Twohig, and Joseph J. Viola Sr.—was under the age of 55. The Romero and Tabor Plaintiffs who were under age 55 as of December 31, 1991, are collectively referred to herein as the “ERISA § 204(g)(2) Plaintiffs” and are the plaintiffs asserting the claim at COUNT VIII.
33. Many former employee agents of Allstate, including a number of Plaintiffs, have pursued all administrative remedies available to them under the Agents Pension Plan by writing to the Administrator protesting and appealing the decision of Allstate to deny them the full benefits to which they are and had been entitled under the Agents Pension Plan. These efforts have been unsuccessful and any other efforts would be futile in view of the fact that in each case, the decision to deny such pension benefits was a policy decision authorized at the highest level of Allstate’s management and was the product of careful planning and deliberation.
2. Individual Allegations As To Plaintiffs in Romero I, Romero II, Romero III and Abell (collectively, “Romero Plaintiffs”)
34. Plaintiff Gene R. Romero (“Romero”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Romero signed the Release and left the service of Allstate under the Forced Sale Option.
35. Plaintiff Romero was born in 1948 and had at least thirteen (13) years of continuous service with Allstate at the time he left the company’s service in 2000.
36. Plaintiff Joseph L. Benoit (“Benoit”) was employed by Allstate for more than nineteen (19) years under an R830 contact. Benoit refused to sign the Release and was forced to leave the service of Allstate after his R830 contract was terminated.
37. Plaintiff Benoit was born in 1952 and had at least nineteen (19) years of continous service with Allstate at the time he left the company’s sevice in 2000 as a result of the Program.
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38. Plaintiff James T. Bever (“Bever”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Bever signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
39. Plaintiff Bever was born in 1959 and had at least thirty (30) years of continuous service with Allstate at the time he retired from the company’s service in 2012.
40. Plaintiff Roger T. Boyd (“Boyd”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Boyd signed the Release and left the service of Allstate under the Forced Severance Option.
41. Plaintiff Boyd was born in 1945 and had at least twelve (12) years of continuous service with Allstate at the time he left the company’s service in 2000.
42. Plaintiff Richard A. Carrier (“Carrier”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Carrier signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
43. Plaintiff Carrier was born in 1958 and had at least thirty (30) years of continuous service with Allstate at the time he retired from the company’s service in 2012.
44. Plaintiff Paul R. Cobb (“P. Cobb”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. P. Cobb signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
45. Plaintiff Cobb was born in 1947 and had at least twenty-four (24) years of continuous service with Allstate at the time he retired from the company’s service in 2010.
46. Plaintiff Craig K. Crease (“Crease”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Crease signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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47. Plaintiff Crease was born in 1952 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired the company’s service in 2010.
48. Plaintiff Sylvia Kelly (formerly, Crews-Kelly) (“Kelly”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Kelly signed the Release and left the service of Allstate under the Forced Sale Option.
49. Plaintiff Kelly was born in 1946 and had at nineteen (19) years of continuous service with Allstate at the time she left the company’s service in 2000.
50. Plaintiff A. Burton English (“English”) 3 is suing in his capacity as personal representative for the Estate of deceased former agent Dwight F. English, who was employed by Allstate for more than eleven (11) years under an R1500 contract. Dwight F. English signed the Release and left the service of Allstate under the Forced Sale Option.
51. Dwight F. English was born in 1947 and had at least eleven (11) years of continuous service with Allstate at the time he left the company’s service in 2000.
52. Plaintiff Ronald W. Harper (“Harper”) was employed by Allstate for more than ten (10) years under an R1500 contract. Harper signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
53. Plaintiff Harper was born in 1951 and had at least fourteen (14) years of continuous service at the time he left the company’s service in 2003.
54. Plaintiff Michael P. Kearney (“M. Kearney”) was employed by Allstate for more than sixteen (16) years under an R830 contract. M. Kearney signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
55. Plaintiff M. Kearney was born in 1955 and had at least twenty-five (25) years of continuous service with Allstate at the time he retired from the company’s service in 2009.
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56. Plaintiff Thomas A. Kearney (“T. Kearney”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. T. Kearney signed the Release and left the service of Allstate under the Forced Sale Option.
57. Plaintiff T. Kearney was born in 1950 and had at least twenty-one (21) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
58. Plaintiff Larry H. Lankford, Sr. (“Lankford”), born in 1946, was employed by Allstate for more than twenty-eight (28) years under an R830 contract. Lankford signed the Release and left the service of Allstate under the Forced Sale Option.
59. Plaintiff Lankford was born in 1946 and had at least twenty-eight (28) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
60. Plaintiff David C. Lawson (“Lawson”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Lawson signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
61. Plaintiff Lawson was born in 1943 and had at least sixteen (16) years of continuous service with Allstate at the time he retired from the company’s service in 2002.
62. Plaintiff Nathan R. Littlejohn, II (“Littlejohn”) was employed by Allstate for more than nine (9) years under an R1500 contract. Littlejohn signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
63. Plaintiff Littlejohn was born in 1948 and had at least nineteen (19) years of continuous service with Allstate at the time he left the company’s service in 2009.
64. Plaintiff Rebecca R. Maslowski (“Maslowski”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Maslowski signed the Release and

3

The Court substituted A. Burton English as the proper party for original plaintiff Dwight F. English

following the former’s death. (See Oct. 25, 2012 Order, Doc. No. 356).

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continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
65. Plaintiff Maslowski was born in 1950 and had approximately (20) years of continuous service with Allstate at the time she retired from the company’s service in 2004.
66. Plaintiff Craig A. Millison (“Millison”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Millison signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
67. Plaintiff Millison was born in 1947 and had at least seventeen (17) years of continuous service with Allstate at the time he retired from the company’s service in 2004.
68. Plaintiff James E. Moorehead (“Moorehead”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Moorehead signed the Release and left the service of Allstate under the Forced Sale Option.
69. Plaintiff Moorehead was born in 1947 and had at least sixteen (16) years of continuous service with Allstate at the time he left the company’s service in 2000.
70. Plaintiff Edwin T. Murray, III (“Murray”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Murray signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.4
71. Plaintiff Murray was born in 1956 and had at least twenty-one (21) years of continuous service with Allstate at the time he retired from the company’s service in 2008.
72. Plaintiff Carolyn L. Penzo (“Penzo”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Penzo signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.

4

Although the Court has entered a judgment order against Plaintiff Murray based on the June 2015 jury

verdict and its decision on his equitable defenses to enforcement of the Release (2/10/16 Order, Dkt. No. 817), that

order has not yet been reviewed on appeal.

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73. Plaintiff Penzo was born in 1947 and has over twenty-eight (28) years of continuous service with Allstate. Penzo remains in the service of Allstate.
74. Plaintiff Christopher L. Perkins (“Perkins”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Perkins signed the Release and left the service of Allstate under the Forced Sale Option.5
75. Plaintiff Perkins was born in 1959 and had at least sixteen (16) years of continuous service with Allstate at the time he left the company’s service in 2000.
76. Plaintiff Richard E. Peterson (“Peterson”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Peterson signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
77. Plaintiff Peterson was born in 1949 and had at least eighteen (18) years of continuous service with Allstate at the time he retired from the company’s service in 2002.
78. Plaintiff Mary Jane Pilchak (“Pilchak”) 6 is suing in her capacity as personal representative for the Estate of deceased former agent James Pilchak, who was employed by Allstate for more than twenty-eight (28) years under an R830 contract. James Pilchak signed the Release and left the service of Allstate under the Forced Sale Option.
79. James Pilchak was born in 1945 and had at least twenty-eight (28) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
80. Plaintiff Paula Reinerio (“Reinerio”) was employed by Allstate for approximately ten (10) years under an R1500 contract. Reinerio signed the Release and left the service of Allstate under the Forced Severance Option.

5

Although the Court has entered a judgment order against Plaintiff Perkins based on the June 2015 jury

verdict and its decision on his equitable defenses to enforcement of the Release (2/10/16 Order, Dkt. No. 817), that

order has not yet been reviewed on appeal. Moreover, Perkins is one of the Romero III Plaintiffs whose claims at

COUNTS XI-XII have yet to be adjudicated.

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81. Plaintiff Reinerio was born in 1954 and had at least ten (10) years of continuous service with Allstate at the time she left the company’s service in 2000.
82. Plaintiff Paula M. Schott (“Schott”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Schott signed the Release and left the service of Allstate under the Forced Sale Option.
83. Plaintiff Schott was born in 1942 and had at least eighteen (18) years of continuous service with Allstate at the time she left the company’s service in 2000.
84. Plaintiff Paul L. Shirley (“Shirley”) was employed by Allstate for more than nine (9) years under an R1500 contract. Shirley signed the Release and left the service of Allstate under the Forced Sale Option.
85. Plaintiff Shirley was born in 1942 and had at least nine (9) years of continuous service with Allstate at the time he left the company’s service in 2000.
86. Plaintiff Donald L. Trgovich (“Trgovich”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Trgovich signed the Release and left the service of Allstate under the Forced Sale Option.
87. Plaintiff Trgovich was born in 1943 and had at least seventeen (17) years of continuous service with Allstate at the time he left the company’s service in 2000.
88. Plaintiff Richard S. Wandner (“Wandner”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Wandner signed the Release and left the service of Allstate under the Forced Sale Option.
89. Plaintiff Wandner was born in 1948 and had at least seventeen (17) years of continuous service with Allstate at the time he left the company’s service in 2000.

6

The Court substituted Mary Jane Pilchak as the proper party for original plaintiff James English following

the former’s death. See Feb. 15, 2012 Order, No. 01-CV 3894, ECF Doc. No. 298.

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90. Plaintiff Arlene Wendt is suing in her capacity as personal representative for the Estate of deceased former agent Ernest P. Wendt (“Wendt”), who was born in 1936 and had at least twenty (20) years of continuous service with Allstate at the time he retired from the company’s service prior to the Program.
91. Plaintiff Timothy Weisman (“Weisman”) was employed by Allstate for more than eleven (11) years under an R1500 contract. Weisman signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
92. Plaintiff Weisman was born in 1960 and had at least twelve (12) years of continuous service with Allstate at the time he left the company’s service in 2002.
93. Plaintiff Anthony T. Wiktor (“Wiktor”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Wiktor signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
94. Plaintiff Wiktor was born in 1957 and had at least seventeen (17) years of continuous service with Allstate at the time he left the company’s service in 2002.
95. Plaintiff John W. Wittman (“Wittman”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Wittman signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
96. Plaintiff Wittman was born in 1950 and has over forty (40) years of continuous service with Allstate.
97. Plaintiff Ralph J. Wolverton (“Wolverton”), born in 1954, was employed by Allstate for more than seventeen (17) years under an R830 contract. Wolverton signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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98. Plaintiff Wolverton was born in 1954 and had at least twenty-eight (28) years of continuous service with Allstate at the time he retired from the company’s service in 2012.
99. Plaintiff Thomas Abell (“Abell”) was employed by Allstate for more than sixteen (16) years under an R1500 contract. Abell signed the Release and left the service of Allstate under the Forced Sale Option.
100. Plaintiff Abell was born in 1951 and had at least sixteen (16) years of continuous service with Allstate at the time he left the company’s service in 2000.
101. Plaintiff Katharine Adams-Love (formerly Katharine Kroner) (“Adams-Love”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Plaintiff Adams-Love signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
102. Plaintiff Adams-Love was born in 1957 and has at least thirty-nine (39) years of continuous service. Plaintiff Adams-Love remains in the service of Allstate.
103. Plaintiff John Aellen III (“Aellen”) was employed by Allstate for more than ten (10) years under an R1500 contract. Aellen signed the Release and left the service of Allstate under the Forced Sale Option.
104. Plaintiff Aellen was born in 1953 and had at least ten (10) years of continuous service with Allstate at the time he left the company’s service in 2000.
105. Plaintiff Clyde Allen Jr. (“Allen”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Plaintiff Allen signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
106. Plaintiff Allen was born in 1950 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service in 2002.
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107. Plaintiff Joseph Alley (“Alley”) was employed by Allstate for more than fifteen (15) years under an R830 contract. Plaintiff Alley signed the release and continued to provide services to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
108. Plaintiff Alley was born in 1952 and had at least twenty (20) years of continuous service at the time he retired from Allstate’s service in 2004.
109. Plaintiff Thomas Allison (“Allison”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff Allison signed the release and continued to provide services to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
110. Plaintiff Allison was born in 1953 and has at least thirty (30) years of continuous service. Plaintiff Allison remains in the service of Allstate.
111. Plaintiff Richard Altieri (“Altieri”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Altieri signed the Release and left the service of Allstate under the Forced Sale Option.
112. Plaintiff Altieri was born in 1941 and had at least fifteen (15) years of continuous service with Allstate at the time he left the company’s service in 2000.
113. Plaintiff Andrew Anderson (“Anderson”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Anderson signed the Release and continued to provide services to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
114. Plaintiff Anderson was born in 1954 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired from the company’s service in 2007.
115. Plaintiff Carl Angell (“Angell”) was employed by Allstate for more than twentyeight (28) years under an R830 contract. Angell signed the Release and continued to provide services to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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116. Plaintiff Angell was born in 1947 and had at least thirty-six (36) years of continuous service with Allstate at the time he retired from the company’s service in 2007.
117. Plaintiff Eugenia Annino is suing in her capacity as personal representative for the Estate of deceased former Allstate agent Robert S. Annino. Robert S. Annino was employed by Allstate for more than fourteen years under an R1500 contract. He signed the Release and left the service of Allstate under the Forced Sale Option.
118. Robert S. Annino was born in 1943 and had at least fourteen years of continuous service to Allstate at the time he left the company’s service in 2000.
119. Plaintiff Daniel Anulare (“D. Anulare”) was employed by Allstate for more than twenty-three (23) years under an R830 contract. D. Anulare signed the Release and continued to provide services to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
120. Plaintiff D. Anulare was born in 1945 and had at least twenty-eight (28) years of continuous service with Allstate at the time he retired from the company’s service in 2004.
121. Plaintiff Linda A. Anulare (“L. Anulare”) was employed by Allstate for approximately nineteen (19) years under an R830 contract. L. Anulare signed the Release and left the service of Allstate under the Forced Sale Option.
122. Plaintiff L. Anulare was born in 1956 and had approximately nineteen (19) years of continuous service as an agent with Allstate at the time she left the company’s service in 2000.
123. Plaintiff Bruce William Ashley (“Ashley”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Ashley signed the Release and left the service of Allstate under the Forced Severance Option.
124. Plaintiff Ashley was born in 1958 and had at least thirteen (13) years of continuous service with Allstate at the time he left the company’s service in 2000.
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125. Plaintiff Richard L. Aurand (“Aurand”) was employed by Allstate for more than twenty (20) years under an R830 contract. Aurand signed the Release and left the service of Allstate under the Forced Sale Option.
126. Plaintiff Aurand was born in 1942 and had at least twenty (20) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
127. Plaintiff Maxine Bachicha (“Bachicha”) was employed by Allstate for more than ten (10) years under an R1500 contract. Bachicha signed the Release and left the service of Allstate under the Forced Sale Option.
128. Plaintiff Bachicha was born in 1951 and had at least ten (10) years of continuous service with Allstate at the time she left the company’s service in 2000.
129. Plaintiff Harold E. Baker (“Baker”) was employed by Allstate for more than thirty-five (35) years under an R830 contract. Baker signed the Release and left the service of Allstate under the Forced Sale Option.
130. Plaintiff Baker was born in 1936 and had at least thirty-five (35) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
131. Plaintiff Robert G. Barzelay (“Barzelay”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Barzelay signed the Release and left the service of Allstate under the Forced Sale Option.
132. Plaintiff Barzelay was born in 1951 and had at least sixteen (16) years of continuous service with Allstate at the time he left the company’s service in 2000.
133. Plaintiff Gary Baumgardner (“Baumgardner”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Baumgardner signed the Release and continued to provide services to Allstate under the Forced Conversion Program subsequent to June 30, 2000.
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134. Plaintiff Baumgardner was born in 1949 and had provided at least twenty-five (25) years of continuous service to Allstate at the time he retired from the company’s service in 2009.
135. Plaintiff James A. Beard (“Beard”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Beard signed the Release and continued to provide services to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
136. Plaintiff Beard was born in 1943 and provided at least twenty-three (23) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
137. Plaintiff Deborah S. Becker (“Becker”) was employed by Allstate for more than twelve years under an R1500 contract. Becker signed the Release and left the service of Allstate under the Forced Severance Option.
138. Plaintiff Becker was born in 1951 and had at least twelve (12) years of continuous service to Allstate at the time she left the company’s service in 2000.
139. Plaintiff Richard C. Bennett (“Bennett”) was employed by Allstate for more than twenty-six (26) years under an R830 or R1500 contract. Bennett signed the Release and continued to provide services to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
140. Plaintiff Bennett was born in 1948 and provided at least thirty-four (34) years of continuous service to Allstate at the time he retired from the company’s service in 2008.
141. Plaintiff Colin T. Bent (“Bent”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Bent signed the Release and continued to provide services to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
142. Plaintiff Bent was born in 1948 and has provided at least twenty-five (25) years of continuous service to Allstate at the time he retired from the company’s service in 2011.
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143. Plaintiff Vernon Bentley (“Bentley”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Bentley signed the Release and continued to provide services to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
144. Plaintiff Bentley was born in 1943 and had provided at least thirty (30) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
145. Plaintiff Harold Bernstein (“H. Bernstein”) was employed by Allstate for more than ten (10) years under an R1500 contract. H. Bernstein signed the Release and left the service of Allstate under the Forced Severance Option.
146. Plaintiff H. Bernstein was born in 1943 and had provided at least ten (10) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
147. Plaintiff H. Bernstein is also suing in his capacity as personal representative for the Estate of deceased former Allstate agent Sandra Bernstein. Sandra Bernstein was employed by Allstate for more than twenty-two (22) years under an R830 contract. She signed the Release and continued to provide services to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
148. Sandra Bernstein was born in 1943 and had provided at least twenty-two (22) years of continuous service to Allstate at the time she retired from the company’s service in 2000. .
149. Plaintiff Montell Berry (“M. Berry”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. M. Berry signed the Release and left the service of Allstate under the Forced Sale Option.
150. Plaintiff M. Berry was born in 1954 and had provided at least twenty-one (21) years of continuous service at the time he retired from the company’s service in 2000.
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151. Plaintiff Wallace Berry (“W. Berry”) was employed by Allstate for more than twenty-two (22) years under an R830 or R1500 contract. W. Berry signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
152. Plaintiff W. Berry was born in 1947 and had at least twenty-five (25) years of continuous service to Allstate at the time he retired from the company’s service in 2003.
153. Plaintiff Linda Glass Beucher (“Beucher”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Beucher signed the Release and continued to provide services to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
154. Plaintiff Beucher was born in 1948 and has at least thirty-one (31) years of continuous service with Allstate. Beucher remains in the company’s service.
155. Plaintiff Stanley R. Binder (“Binder”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Binder signed the Release and left the service of Allstate under the Forced Sale Option.
156. Plaintiff Binder was born in 1943 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
157. Plaintiff Andrew Blanchette (“Blanchette”) was employed by Allstate for more than twenty-nine (29) years under an R830 contract. Blanchette signed the Release and left the service of Allstate under the Forced Sale Option.
158. Plaintiff Blanchette was born in 1943 and had at least twenty-nine (29) years of continuous service to Allstate at the time he retired from the company’s service as a result of the Program.
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159. Plaintiff Craig Bock (“C. Bock”) was employed by Allstate for more than twentyfour (24) years under an R830 contract. C. Bock signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
160. Plaintiff C. Bock was born in 1953 and had at least thirty-five (35) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
161. Plaintiff Gary L. Bock (“G. Bock”) was employed by Allstate for more than nineteen (19) years under an R830 or R1500 contract. G. Bock signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
162. Plaintiff G. Bock was born in 1959 and had at least twenty-six (26) years of continuous service to Allstate at the time he retired from the company’s service in 2007.
163. Plaintiff David P. Bohan (“Bohan”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Bohan signed the Release and left the service of Allstate under the Forced Sale Option.
164. Plaintiff Bohan was born in 1955 and had at least fifteen (15) years of continuous service to Allstate when he left the company’s service as a result of the Program.
165. Plaintiff Roland Boisis (“Boisis”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Boisis signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
166. Plaintiff Boisis was born in 1944 and had at least nineteen (19) years of continuous service to Allstate at the time he left the company’s service in 2002.
167. Plaintiff Janice D. Bond (“Bond”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Bond signed the Release and left the company’s service under the Forced Sale Option.
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168. Plaintiff Bond was born in 1949 and had at least fourteen (14) years of continuous service to Allstate at the time she left the company’s service as a result of the Program.
169. Plaintiff Dwight C. Bondy (“Bondy”) was employed by Allstate for more than twenty-three (23) years under an R830 contract. Bondy signed the Release and left the company’s service under the Forced Sale Option.
170. Plaintiff Bondy was born in 1943 and had at least twenty-three (23) years of continuous service to Allstate at the time he retired from the company’s service as a result of the Program.
171. Plaintiff Robert Francis Bortell (“Bortell”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Bortell signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
172. Plaintiff Bortell was born in 1952 and had at least fifteen (15) years of continuous service to Allstate at the time he left the company’s service in 2002.
173. Plaintiff Daniel Bossio (“Bossio”) was employed by Allstate for more than twenty-two (22) years under an R830 contract. Bossio signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
174. Plaintiff Bossio was born in 1952 and had at least thirty (30) years of continuous service to Allstate at the time he retired from the company’s service in 2008.
175. Plaintiff James Brachfeld (“J. Brachfeld”) was employed by Allstate for more than thirty-two (32) years under an R830 contract. J. Brachfeld signed the Release and left the company’s service under the Forced Sale Option.
176. Plaintiff Brachfeld was born in 1945 and had at least thirty-two (32) years of continuous service to Allstate at the time he retired from the company’s services in 2000 as a result of the Program.
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177. Plaintiff Roberta L Brachfeld (“R. Brachfeld”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. R. Brachfeld signed the Release and left the company’s service under the Forced Sale Option.
178. Plaintiff R. Brachfeld was born in 1947 and had at least thirteen (13) years of continuous service to Allstate at the time she left the company’s service as a result of the Program.
179. Plaintiff Eugene Brandon (“Brandon”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Brandon signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
180. Plaintiff Brandon was born in 1945 and had at least twenty (20) years of continuous service to Allstate at the time he retired from the company’s service in 2004.
181. Plaintiff Michael J. Brantmeier (“Brantmeier”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Brantmeier signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
182. Plaintiff Brantmeier was born in 1946 and had at least twenty-nine (29) years of continuous service to Allstate at the time he retired from the company’s service in 2003.
183. Plaintiff Jay Broker (“Broker”) was employed by Allstate for more than twentyeight (28) years under an R1500 contract. Broker signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
184. Plaintiff Broker was born in 1944 and had provided at least twenty-nine (29) years of continuous service to Allstate at the time he retired from the company’s service in 2001.
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185. Plaintiff Neal Swank Brooks (“Brooks”) was employed by Allstate for more than twenty-eight (28) years under an R830 contract. Brooks signed the Release and left the service of Allstate under the Forced Sale Option.
186. Plaintiff Brooks was born in 1942 and had at least twenty-eight (28) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
187. Plaintiff Faye Brown (F. Brown) was employed by Allstate for more than sixteen (16) years under an R830 contract. F. Brown signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
188. Plaintiff F. Brown was born in 1947 and had at least twenty-two (22) continuous years in the service of Allstate at the time she retired from the company’s service in 2006.
189. Plaintiff Lester Brown Sr. (“L. Brown”) was employed by Allstate for more than twenty (20) years under an R830 contract. L. Brown signed the Release and left the company’s service under the Forced Sale Option.
190. Plaintiff L. Brown was born in 1943 and had provided at least twenty (20) years of continuous service to Allstate at the time he retired from the company’s service as a result of the Program.
191. Plaintiff Richard A. Brown (“R. Brown”) was employed by Allstate for more than twenty-two (22) years under an R830 contract. R. Brown signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
192. Plaintiff R. Brown was born in 1952 and had provided at least thirty-four (34) years of continuous service to Allstate at the time he retired from the company’s service in 2012.
193. Plaintiff William Brown Jr. (“W. Brown”) was employed by Allstate for more than seventeen (17) years under an R830 contract. W. Brown signed the Release and left the company’s service under the Forced Severance Option.
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194. Plaintiff W. Brown was born in 1944 and had at least seventeen (17) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
195. Plaintiff Richard A. Brownson (“Brownson”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Brownson signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
196. Plaintiff Brownson was born in 1944 and had at least thirty-six (36) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
197. Plaintiff Charles R. Burns III (“Burns”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Burns signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
198. Plaintiff Burns was born in 1952 and has at least thirty-two (32) years of continuous service to Allstate. Burns remains in the company’s service.
199. Plaintiff Thomas Bushey (“Bushey”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Bushey signed the Release and left the service of Allstate under the Forced Sale Option.
200. Plaintiff Bushey was born in 1958 and had provided at least twelve (12) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
201. Plaintiff David Ross Bussell (“Bussell”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Bussell signed the Release and left the company’s service under the Forced Sale Option.
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202. Plaintiff Bussell was born in 1954 and had at least thirteen (13) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
203. Plaintiff Gary F. Callaway (“G. F. Callaway”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. G. F. Callaway signed the Release and left the company’s service under the Forced Sale Option.
204. Plaintiff G. F. Callaway was born in 1960 and had at least fourteen (14) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
205. Plaintiff Georgiana Callaway (“G. Callaway”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. G. Callaway signed the Release and left the company’s service under the Forced Sale Option.
206. Plaintiff G. Callaway was born in 1956 and had at least fourteen (14) years of continuous service to Allstate at the time she left the company’s service as a result of the Program.
207. Plaintiff Albert J. Cannizzaro (“Cannizzaro”) was employed by Allstate for more than thirty-three (33) years under an R830 contract. Cannizzaro signed the Release and left the company’s service under the Forced Sale Option.
208. Plaintiff Cannizzaro was born in 1944 and had at least thirty-three (33) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
209. Plaintiff Lawrence J. Capouch (“Capouch”) was employed by Allstate for more than thirty (30) years under an R830 or R1500 contract. Capouch signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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210. Plaintiff Capouch was born in 1945 and had at least forty-one (41) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
211. Plaintiff Richard E. Carter (“Carter”) was employed by Allstate for more than twenty-three (23) years under an R830 contract. Carter signed the Release and left the Allstate’s service under the Forced Sale Option.
212. Plaintiff Carter was born in 1946 and had at least twenty-three (23) years of continuous service to Allstate at the time he retired from the company’s service as a result of the Program.
213. Plaintiff Victor M. Catarisano (“Catarisano”) was employed by Allstate for more than twenty-seven (27) years under an R830 contract. Catarisano signed the Release and continued in Allstate’s service under the Forced Conversion Option subsequent to June 30, 2000.
214. Plaintiff Catarisano was born in 1946 and had at least thirty-seven (37) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
215. Plaintiff Portia M. Chambliss (“Chambliss”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. Chambliss signed the Release and left the company’s service under the Forced Sale Option.
216. Plaintiff Chambliss was born in 1948 and had at least twenty-one (21) years of continuous service to Allstate at the time she retired from the company’s service as a result of the Program.
217. Plaintiff Mark D. Chase (“Chase”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Chase signed the Release and left the company’s service under the Forced Sale Option.
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218. Plaintiff Chase was born in 1952 and had at least seventeen (17) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
219. Plaintiff Amy R. Cherrnay (“Cherrnay”) was employed by Allstate for over seventeen (17) years under an R830 contract. Cherrnay signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
220. Plaintiff Cherrnay was born in 1954 and had at least eighteen (18) years of continuous service to Allstate at the time she left the company’s service in 2001.
221. Plaintiff Jimmy Chin (“Chin”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Chin signed the Release and left the company’s service under the Forced Sale Option.
222. Plaintiff Chin was born in 1954 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
223. Plaintiff Don C. Christensen (“Christensen”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Christensen signed the Release and continued in the company’s service under the Forced Conversion Option subsequent to June 30, 2000.
224. Plaintiff Christensen was born in 1940 and had at least nineteen (19) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
225. Plaintiff James M. Cirillo (“Cirillo”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Cirillo signed the Release and continued in the company’s service under the Forced Conversion Option subsequent to June 30, 2000.
226. Plaintiff Cirillo was born in 1954 and had at least eighteen (18) years of continuous service with Allstate at the time he left the company’s service in 2006.
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227. Plaintiff Bruce W. Clotfelter (“Clotfelter”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Clotfelter signed the Release and left the company’s service under the Forced Sale Option.
228. Plaintiff Clotfelter was born in 1955 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
229. Plaintiff Ira Cloud (“Cloud”) was employed as an agent by Allstate for more than twenty-one (21) years under an R830 contract. Cloud signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
230. Plaintiff Cloud was born in 1949 and had at least twenty-three (23) years of continuous service to Allstate as an agent at the time he retired from the company’s service in 2002.
231. Plaintiff Milton C. Cobb (“Cobb”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Cobb signed the Release and continued in the company’s service under the Forced Conversion Option subsequent to June 30, 2000.
232. Plaintiff Cobb was born in 1947 and had at least twenty-three (23) years of continuous service to Allstate at the time he retired from the company’s service in 2006.
233. Plaintiff Mark Clemens Collier (“Collier”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Collier signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
234. Plaintiff Collier was born in 1941 and had at least eighteen (18) years of continuous service to Allstate at the time he left the company’s service in 2004.
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235. Plaintiff Wanda Collins-Smith (Collins-Smith) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Collins-Smith signed the Release and left the service of Allstate under the Forced Sale Option.
236. Plaintiff Collins-Smith was born in 1943 and had at least twenty-six (26) years of continuous service to Allstate at the time she retired from the company’s service as a result of the Program.
237. Plaintiff Joseph P. Conboy (“Conboy”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Conboy signed the Release and left the service of Allstate under the Forced Sale Option.
238. Plaintiff Conboy was born in 1946 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
239. Plaintiff Richard F. Cook (“Cook”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Cook signed the Release and left the service of Allstate under the Forced Sale Option.
240. Plaintiff Cook was born in 1945 and had at least thirteen (13) years of continuous service to Allstate at the time he left the company’s service in 2000.
241. Plaintiff Janet M. Cooley (“Cooley”) was employed by Allstate for more than twenty-two (22) years under an R830 contract. Cooley signed the Release and left the company’s service under the Forced Sale Option.
242. Plaintiff Cooley was born in 1942 and had at least twenty-two (22) years of continuous service to Allstate at the time she retired from the company’s service as a result of the Program.
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243. Plaintiff James Reavis Cornett (“Cornett”) was employed by Allstate for more than ten (10) years under an R1500 contract. Cornett signed the Release and left the company’s service under the Forced Sale Option.
244. Plaintiff Cornett was born in 1947 and had at least ten (10) years of continuous service to Allstate as an agent at the time he left the company’s service as a result of the Program.
245. Plaintiff Charles E. Corry (“Corry”) was employed by Allstate for more than twenty-five years (25) under an R830 contract. Corry signed the Release and left the company’s service under the Forced Sale Option.
246. Plaintiff Corry was born in 1950 and had at least twenty-five (25) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
247. Plaintiff Bruce R. Cralley (“Cralley”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Cralley signed the Release and continued in the company’s service under the Forced Conversion Option subsequent to June 30, 2000.
248. Plaintiff Cralley was born in 1946 and had at least twenty-one (21) years of continuous service to Allstate at the time he retired from the company’s service in 2003.
249. Plaintiff Jack J. Craparo, Jr. (“Craparo”) was employed by Allstate for more than twelve years under an R1500 contract. Craparo signed the Release and left the service of Allstate under the Forced Sale Option.
250. Plaintiff Craparo was born in 1956 and had at least twelve (12) years of continuous service to Allstate at the time he left the company’s service in 2000.
251. Plaintiff Jay Andrew Crystal (“J.A. Crystal”) was employed by Allstate for more than twenty (20) years under an R830 contract. J.A. Crystal signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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252. Plaintiff J.A. Crystal was born in 1958 and had at least twenty-six (26) years of continuous service to Allstate at the time he retired from the company’s service in 2006.
253. Plaintiff J.A. Crystal is also suing in his capacity as personal representative for the Estate of deceased former Allstate agent Diane L. Crystal. Diane L. Crystal was employed by Allstate for more than fifteen (15) years under an R830 contract. She signed the Release and left the company’s service under the Forced Sale contract.
254. Diane D. Crystal was born in 1958 and had at least fifteen (15) years of continuous service to Allstate at the time she left the company’s service in 2000.
255. Plaintiff Lonnie Michael Curtis (“Curtis”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Curtis signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
256. Plaintiff Curtis was born in 1956 and had at least twenty-nine (29) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
257. Plaintiff Brent L. Danner (“Danner”) was employed by Allstate for more than twenty-two (22) years under an R830 contract. Danner signed the Release and left the service of Allstate under the Forced Sale Option.
258. Plaintiff Danner was born in 1947 and had at least twenty-two (22) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
259. Plaintiff John Darwish (“Darwish”) was employed by Allstate for more than twenty-three (23) years under an R830 contract. Darwish signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
260. Plaintiff Darwish was born in 1946 and had at least twenty-five (25) years of continuous service to Allstate at the time he retired from the company’s service in 2002.
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261. Plaintiff Harold E. Daskam (“Daskam”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Daskam signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
262. Plaintiff Daskam was born in 1947 and had at least thirty (30) years of continuous service to Allstate at the time he retired from the company’s service in 2012.
263. Plaintiff John Davenport (“Davenport”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Davenport signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
264. Plaintiff Davenport was born in 1954 and has at least thirty-two (32) years of continuous service to Allstate. Davenport remains in the company’s service.
265. Plaintiff Leslie K. Davidson (“L. Davison”) was employed by Allstate for more than eighteen (18) years under an R830 contract. L. Davidson signed the Release and continued in the company’s service under the Forced Conversion Option subsequent to June 30, 2000.
266. Plaintiff L. Davison was born in 1959 and had at least twenty (20) years of continuous service to Allstate at the time she retired from the company’s service in 2002.
267. Plaintiff Zachariah Davidson III (Z. Davidson) was employed by Allstate for more than ten (10) years under an R1500 contract. Z. Davidson signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
268. Plaintiff Z. Davidson was born in 1957 and has at least twenty-five (25) years of continuous service to Allstate. Davidson remains in the company’s service.
269. Plaintiff Michael L. Davis (“Davis”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Davis signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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270. Plaintiff Davis was born in 1952 and had at least twenty-two (22) years of continuous service to Allstate at the time he retired from the company’s service in 2007.
271. Plaintiff Margaret Dean is suing in her capacity as personal representative for the Estate of deceased former Allstate agent Robert T. Dean. Robert T. Dean was employed by Allstate approximately thirty-four (34) years under an R830 or R1500 contract. He signed the Release and left the service of Allstate under the Forced Sale Option.
272. Robert T. Dean was born in 1943 and had at least thirty-four (34) years of continuous service to Allstate at the time he retired from the company’s service as a result of the Program.
273. Plaintiff Stephen W. Dellapina (“Dellapina”) was employed by Allstate for more than nine (9) years under an R1500 contract. Dellapina signed the Release and left the service of Allstate under the Forced Sale Option.
274. Plaintiff Dellapina was born in 1966 and had at least nine (9) years of continuous service to Allstate at the time he left the company’s service as a result of the Program.
275. Plaintiff Ernest Jack DeMonte (“DeMonte”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. DeMonte signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
276. Plaintiff DeMonte was born in 1947 and had at least twenty-one (21) years of continuous service to Allstate at the time he retired from the company’s service in 2007.
277. Plaintiff James L. DePizzo (“DePizzo) was employed by Allstate for more than twenty-seven (27) years under an R830 contract. DePizzo signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
278. Plaintiff DePizzo was born in 1947 and had at least thirty-seven (37) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
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279. Plaintiff John Anthony Devito (“Devito”) was employed by Allstate for more than fifteen (15) years under an R830 contract. Devito signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
280. Plaintiff Devito was born in 1948 and had at least seventeen (17) years of continuous service to Allstate at the time he left the company’s service in 2002.
281. Plainitff Mark DiVincenzo (“DiVincenzo”) was employed by Allstate for more than eleven (11) years under an R1500 contract. DiVincenzo signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
282. Plaintiff DiVincenzo was born in 1962 and had at least fourteen (14) years of continuous service to Allstate at the time he left the company’s service in 2003.
283. Plaintiff Gail D. Dickman (“Dickman”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Dickman signed Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
284. Plaintiff Dickman was born in 1956 and had at least twenty (20) years of continuous service with Allstate at the time she retired from the company’s service in 2002.
285. Plaintiff Michael L. Doheny (“Doheny”) was employed by Allstate for more than thirty-six (36) years under an R830 contract. Doheny signed the Release and left the service of Allstate under the Forced Sale Option.
286. Plaintiff Doheny was born in 1939 and had at least thirty-six (36) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
287. Plaintiff Jeffery M. Dombeck (“Dombeck”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Dombeck signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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288. Plaintiff Dombeck was born in 1947 and had at least twenty-one (21) years of continuous service to Allstate at the time he retired from the company’s service in 2007.
289. Plaintiff Terrance P. Donoghue (“Donoghue”) was employed by Allstate for more than twenty-nine (29) years under an R830 contract. Donoghue signed the Release and left the service of Allstate under the Forced Sale Option.
290. Plaintiff Donoghue was born in 1947 and had at least twenty-nine (29) years of continuous service to Allstate at the time he retired from the company’s service as a result of the Program.
291. Plaintiff Valery Dorshimer (previously Valery Sandler) (“Dorshimer”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Dorshimer signed the Release and left the service of Allstate under the Forced Sale Option.
292. Plaintiff Dorshimer was born in 1959 and had at least thirteen (13) years of continuous service to Allstate at the time she left the company’s service as a result of the Program.
293. Plaintiff Joyce F. Douglas (“Douglas”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Douglas signed the Release and left the service of Allstate under the Forced Severance Option.
294. Plaintiff Douglas was born in 1957 and had at least twelve (12) years of continuous service to Allstate at the time she left the company’s service as a result of the Program.
295. Plaintiff Rufus C. Dowell (“Dowell”) was employed by Allstate for more than twenty-seven (27) years under an R830 contract. Dowell signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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296. Plaintiff Dowell was born in 1946 and had at least thirty-two (32) years of continuous service to Allstate at the time he retired from the company’s service in 2005.
297. Plaintiff Susan P. Drapeau (“Drapeau”) was employed by Allstate for more than seventeen (17) years under an R830 or R1500 contract. Drapeau signed the Release and left the service of Allstate under the Forced Severance Option.
298. Plaintiff Drapeau was born in 1944 and had at least seventeen (17) years of continuous service to Allstate as an agent at the time she left the company’s service in 2000.
299. Plaintiff Richard L. Droe (“Droe”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Droe signed the Release and left the service of Allstate under the Forced Sale Option.
300. Plaintiff Droe was born in 1949 and had at least twenty-six (26) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
301. Plaintiff George F. Drummond (“Drummond”) was employed by Allstate for more than twenty-two (22) years under an R830 contract. Drummond signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
302. Plaintiff Drummond was born in 1949 and had at least thirty (30) years of continuous service to Allstate at the time he retired from the company’s service in 2007.
303. Plaintiff Walter Dubiel (“Dubiel”) was employed by Allstate for more than twenty-five (25) years under an R830 contract. Dubiel signed the Release and left the service of Allstate under the Forced Sale Option.
304. Plaintiff Dubiel was born in 1945 and had at least twenty-five (25) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
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305. Plaintiff Thomas R. Duran (“Duran”) was employed by Allstate for more than sixteen years under an R1500 contract. Duran signed the Release and continued in the company’s service under the Forced Conversion Option subsequent to June 30, 2000.
306. Plaintiff Duran was born in 1947 and had at least twenty-six years of continuous service to Allstate at the time he retired from the company’s service in 2010.
307. Plaintiff Dennis R. Dyke (“Dyke”) was employed by Allstate for more than twenty-three (23) years under an R830 contract. Dyke signed the Release and left the service of Allstate under the Forced Sale Option.
308. Plaintiff Dyke was born in 1948 and had at least twenty-three (23) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
309. Plaintiff Larry R. Dykstra (“Dykstra”) was employed by Allstate for more than ten (10) years under an R1500 contract. Dykstra signed the Release and left the service of Allstate under the Forced Sale Option.
310. Plaintiff Dykstra was born in 1948 and had at least ten (10) years of continuous service to Allstate at the time he left the company’s service in 2000.
311. Plaintiff Richard Morrison Earl, Jr. (“Earl”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Earl signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
312. Plaintiff Earl was born in 1950 and had at least twenty-eight (28) years of continuous service to Allstate at the time he retired from the company’s service in 2002.
313. Plaintiff Ronald F. Eaton (“Eaton”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. Eaton signed the Release and left the company’s service under the Forced Sale Option.
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314. Plaintiff Eaton was born in 1946 and had at least twenty-one (21) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
315. Plaintiff Michael T. Economos (“Economos”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Economos signed the Release and left the service of Allstate under the Forced Sale Option.
316. Plaintiff Economos was born in 1959 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service in 2000.
317. Plaintiff Ronald R. Edwards (“Edwards”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Edwards signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
318. Plaintiff Edwards was born in 1950 and had at least twenty-six (26) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
319. Plaintiff Richard F. Eirich (“Eirich”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Eirich signed the Release and left the company’s service under the Forced Sale Option.
320. Plaintiff Eirich was born in 1952 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service in 2000.
321. Plaintiff Roslyn K. Eisenstark (“Eisenstark”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Eisenstark signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
322. Plaintiff Eisenstark was born in 1945 and had at least twenty-five (25) years of continuous service to Allstate at the time she retired from the company’s service in 2011.
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323. Plaintiff Bruce Engert (“Engert”) was employed by Allstate for more than thirtythree (33) years under an R830 contract. Engert signed the Release and left the company’s service under the Forced Sale Option.
324. Plaintiff Engert was born in 1944 and had at least thirty-three (33) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
325. Plaintiff Jane Eschrich-Walsh (“Eschrich-Walsh”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Eschrich-Walsh signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
326. Plaintiff Eschrich-Walsh was born in 1958 and had at least thirty-one (31) years of continuous service to Allstate at the time she retired from the company’s service in 2014.
327. Plaintiff William F. Estes (“Estes”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Estes signed the Release and left the company’s service under the Forced Sale Option.
328. Plaintiff Estes was born in 1944 and had at least fourteen (14) years of continuous service to Allstate at the time he left the company’s service in 2000.
329. Plaintiff Steven Evans (“Evans”) was employed by Allstate for more than twentyeight (28) years under an R830 contract. Evans signed the Release and continued in the company’s service under the Forced Conversion Option subsequent to June 30, 2000.
330. Plaintiff Evans was born in 1947 and had at least forty (40) years of continuous service to Allstate at the time he retired from the company’s service in 2012.
331. Plaintiff Sandy K. Fabricatore (“Fabricatore”) was employed by Allstate for more than ten (10) years under an R1500 contract. Fabricatore signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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332. Fabricatore was born in 1962 and had at least twenty (20) years of continuous service to Allstate at the time she retired in 2009.
333. Plaintiff Joseph Falconi III (“Falconi”) was employed by Allstate for more than twenty-two (22) years under an R830 contract. Falconi signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
334. Plaintiff Falconi was born in 1949 and had at least thirty-three (33) years of continuous service to Allstate at the time he retired from the company’s service in 2011.
335. Plaintiff Christian G. Farley (“Farley”) was employed by Allstate for more than eleven (11) years under an R1500 contract. Farley signed the Release and left the service of Allstate under the Forced Severance Option.
336. Plaintiff Farley was born in 1964 and had at least eleven (11) years of continuous service to Allstate at the time he left the company’s service in 2000.
337. Plaintiff Sheila Farmer (“Farmer”) was employed by Allstate for more than ten (10) years under an R1500 contract. Farmer signed the Release and left the service of Allstate under the Forced Sale Option.
338. Plaintiff Farmer was born in 1956 and had at least ten (10) years of continuous service to Allstate at the time she left the company’s service in 2000.
339. Plaintiff Curtis G. Farrar (“Farrar”) was employed by Allstate for more than twenty-five (25) years under an R830 contract. Farrar signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
340. Plaintiff Farrar was born in 1952 and had at least twenty-seven (27) years of continuous service to Allstate at the time he retired from the company’s service in 2002.
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341. Plaintiff Ralph V. Faulk (“Faulk”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Faulk signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
342. Plaintiff Faulk was born in 1956 and had at least twenty (20) years of continuous service to Allstate at the time he retired from the company’s service in 2007.
343. Plaintiff Philip Dean Feisal (“Feisal”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Feisal signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
344. Plaintiff Feisal was born in 1957 and had at least twenty (20) years of continuous service to Allstate at the time he retired from the company’s service in 2003.
345. Plaintiff Carl E. Fielder (“Fielder”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Fielder signed the Release and left the service of Allstate under the Forced Sale Option.
346. Plaintiff Fielder was born in 1953 and had at least twenty-six (26) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
347. Plaintiff Doris Jean Fields (“Fields”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Fields signed the Release and left the service of Allstate under the Forced Sale Option.
348. Plaintiff Fields was born in 1949 and had at least eighteen (18) years of continuous service to Allstate at the time he left the company’s service in 2000.
349. Plaintiff Larry D. Finley (“Finley”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Finley signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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350. Plaintiff Finley was born in 1954 and had at least twenty-three (23) years of continuous service to Allstate at the time he retired from the company’s service in 2008.
351. Plaintiff William J. Flood (“Flood”) was employed by Allstate for more than thirty-one (31) years under an R830 contract. Flood signed the Release and left the service of Allstate under the Forced Severance Option.
352. Plaintiff Flood was born in 1943 and had at least thirty-one (31) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
353. Plaintiff Gerald L. Flores (“Flores”) was employed by Allstate for more than twenty-eight (28) years under an R830 contract. Flores signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
354. Plaintiff Flores was born in 1943 and had at least thirty-six (36) years of continuous service to Allstate at the time he retired from the company’s service in 2008.
355. Plaintiff Eric A. Ford (“Ford”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Ford signed the Release and left the service of Allstate under the Forced Sale Option.
356. Plaintiff Ford was born in 1950 and had at least fourteen (14) years of continuous service to Allstate at the time he left the company’s service in 2000.
357. Plaintiff John R. Forrest (“Forrest”) was employed by Allstate for more than thirty-four (34) years under an R830 contract. Forrest signed the Release and left the service of Allstate under the Forced Sale Option.
358. Plaintiff Forrest was born in 1932 and had at least thirty-four (34) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
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359. Plaintiff Allen Foster (“Foster”) was employed by Allstate for over thirty-one (31) years under an R830 contract. Foster signed the Release and left the service of Allstate under the Forced Sale Option.
360. Plaintiff Foster was born in 1945 and had at least thirty-one (31) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
361. Plaintiff Robert G. Franz (“Franz”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Franz signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
362. Plaintiff Franz was born in 1960 and had at least twenty (20) years of continuous service to Allstate at the time he retired from the company’s service in 2002.
363. Plaintiff Boss R. Fries III (“Fries”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. Fries signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
364. Plaintiff Fries was born in 1955 and has at least thirty-five (35) years of continuous service to Allstate. Fries remains in the company’s service.
365. Plaintiff Jodene S. Gardner (“Gardner”) was employed by Allstate for more than twenty (20) years under an R830 contract. Gardner signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
366. Plaintiff Gardner was born in 1949 and had at least twenty-nine (29) years of continuous service to Allstate at the time she retired from the company’s service in 2009.
367. Plaintiff Robert E. Gary (“Gary”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Gary signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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368. Plaintiff Gary was born in 1949 and had at least twenty-four (24) years of continuous service to Allstate at the time he retired from the company’s service in 2011.
369. Plaintiff Larny O. Gentry (“Gentry”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Gentry signed the Release and left the service of Allstate under the Forced Sale Option.
370. Plaintiff Gentry was born in 1945 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service in 2000.
371. Plaintiff Samuel Gillette (formerly known as Samuel Gillott) (“Gillette”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Gillette signed the Release and left the service of Allstate under the Forced Sale Option.
372. Plaintiff Gillette was born in 1961 and had at least fifteen (15) years of continuous service to Allstate at the time he left the company’s service in 2000.
373. Plaintiff Gary J. Goelz (“Goelz”) was employed by Allstate for more than twentyone (21) years under an R830 or R1500 contract. Goelz signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
374. Plaintiff Goelz was born in 1951 and had at least twenty-five (25) years of continuous service to Allstate at the time he retired from the company’s service in 2004.
375. Plaintiff Randolph Goodwin Jr. (“Goodwin”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Goodwin signed the Release and left the service of Allstate under the Forced Sale Option.
376. Plaintiff Goodwin was born in 1952 and had at least seventeen (17) years of continuous service to Allstate at the time he left the company’s service in 2000.
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377. Plaintiff James A. Grady (“Grady”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Grady signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
378. Plaintiff Grady was born in 1947 and had at least sixteen (16) years of continuous service at the time he left the company’s service in 2002.
379. Plaintiff William D. Greene (“Greene”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Greene signed the Release and left the service of Allstate under the Forced Sale Option.
380. Plaintiff Greene was born in 1952 and had at least eighteen (18) years of continuous service to Allstate at the time he left the company’s service in 2000.
381. Plaintiff Sandra M. Guthrie (“Guthrie”) was employed by Allstate for more than twenty-three (23) years under an R830 contract. Guthrie signed the Release and left the service of Allstate under the Forced Sale Option.
382. Plaintiff Guthrie was born in 1950 and had at least twenty-three (23) years of continuous service to Allstate as an agent at the time she retired from the company’s service in 2000.
383. Plaintiff Gerald W. Gutzeit (“Gutzeit”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Gutzeit signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
384. Plaintiff Gutzeit was born in 1958 and had at least twenty-two (22) years of continuous service to Allstate at the time he retired from the company’s service in 2007.
385. Plaintiff Franklin P. Hall (“Hall”) was employed by Allstate for more than thirtyone (31) years under an R830 or R1500 contract. Hall signed the Release and left the service of Allstate under the Forced Sale Option.
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386. Plaintiff Hall was born in 1943 and had at least thirty-one (31) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
387. Plaintiff Brenda C. Hammond (“Hammond”) was employed by Allstate for more than eleven (11) years under an R1500 contract. Hammond signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
388. Plaintiff Hammond was born in 1946 and had at least thirteen (13) years of continuous service to Allstate at the time she retired from the company’s service.
389. Plaintiff Loretta Causey Hannon (“Hannon”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Hannon signed the Release and left the service of Allstate under the Forced Sale Option.
390. Plaintiff Hannon was born in 1939 and had at least sixteen (16) years of continuous service to Allstate at the time she left the company’s service in 2000.
391. Plaintiff Francis H. Hanratty (“Hanratty”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Hanratty signed the Release and left the service of Allstate under the Forced Sale Option.
392. Plaintiff Hanratty was born in 1936 and had at least nineteen (19) years of continuous service to Allstate at the time he left the company’s service in 2000.
393. Plaintiff Jan E. Hanson (“Hanson”) was employed by Allstate for more than ten (10) years under an R1500 contract. Hanson signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
394. Plaintiff Hanson was born in 1954 and has at least twenty-four (24) years of continuous service to Allstate. Hanson remains in the company’s service.
395. Plaintiff Christopher A. Hardesty (“Hardesty”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Hardesty signed the Release and
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continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
396. Plaintiff Hardesty was born in 1952 and had at least fourteen (14) years of continuous service to Allstate at the time he left the company’s service in 2001.
397. Plaintiff Ronald C. Harrison Jr. (“Harrison”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Harrison signed the Release and left the service of Allstate under the Forced Sale Option.
398. Plaintiff Harrison was born in 1952 and had at least fourteen (14) years of continuous service to Allstate at the time he left the company’s service in 2000.
399. Plaintiff John W. Heasley (“Heasley”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Heasley signed the Release and left the service of Allstate under the Forced Sale Option.
400. Plaintiff Heasley was born in 1951 and had at least fourteen (14) years of continuous service to Allstate at the time he left the company’s service in 2000.
401. Plaintiff Coni Heidle (“Heidle”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Heidle signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
402. Plaintiff Heidle was born in 1952 and had at least thirty (30) years of continuous service to Allstate at the time she retired from the company’s service in 2011.
403. Plaintiff Darlene J. Heinen (“Heinen”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Heinen signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
404. Plaintiff Heinen was born in 1946 and had at least twenty (20) years of continuous service to Allstate at the time she retired from the company’s service in 2007.
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405. Plaintiff Gerald W. Heinen (“G. Heinen”) was employed by Allstate for more than thirty-one (31) years under an R830 contract. G. Heinen signed the Release and left the service of Allstate under the Forced Sale Option.
406. Plaintiff G. Heinen was born in 1944 and had at least thirty-one (31) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
407. Plaintiff Robert Helsel (“Helsel”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Helsel signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
408. Plaintiff Helsel was born in 1944 and had at least seventeen (17) years of continuous service to Allstate at the time he left the company’s service in 2004.
409. Plaintiff Louis J. Hemphill (“Hemphill”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Hemphill signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
410. Plaintiff Hemphill was born in 1953 and had at least thirty-one (31) years of continuous service to Allstate at the time he retired from the company’s service in 2012.
411. Plaintiff Gail Rogers Hibbler (“Hibbler”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Hibbler signed the Release and left the service of Allstate under the Forced Severance Option.
412. Plaintiff Hibbler was born in 1963 and had at least thirteen (13) years of continuous service to Allstate at the time she left the company’s service in 2000.
413. Plaintiff Larry W. Hice (“Hice”) was employed by Allstate for more than nineteen (19) years under an R830 or R1500 contract. Hice signed the Release and left the service of Allstate under the Forced Sale Option.
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414. Plaintiff Hice was born in 1945 and had at least nineteen (19) years of continuous service to Allstate at the time he left the company’s service in 2000.
415. Plaintiff Danny R. Higdon (“Higdon”) was employed by Allstate for more than twenty-seven (27) years under an R830 contract. Higdon signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
416. Plaintiff Higdon was born in 1954 and had at least thirty-nine (39) years of continuous service to Allstate as an agent at the time he retired from the company’s service in 2012.
417. Plaintiff Patricia A. Hill (“P. Hill”) was employed by Allstate for more than eleven (11) years under an R1500 contract. P. Hill signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
418. Plaintiff P. Hill was born in 1951 and had at least twenty (20) years of continuous service to Allstate at the time she retired from the company’s service in 2009.
419. Plaintiff Richard D. Hill (“R. Hill”) was employed by Allstate for more than ten (10) years under an R1500 contract. R. Hill signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
420. Plaintiff R. Hill was born in 1951 and had at least fifteen (15) years of continuous service to Allstate at the time he left the company’s service in 2005.
421. Plaintiff James E. Hillan (“Hillan”) was employed by Allstate for more than nineteen (19) years under an R830 or R1500 contract. Hillan signed the Release and left the service of Allstate under the Forced Sale Option.
422. Plaintiff Hillan was born in 1943 and had at least nineteen (19) years of continuous service to Allstate at the time he left the company’s service in 2000.
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423. Plaintiff Leanne Hinkle (formerly McCurley) (“Hinkle”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Plaintiff Hinkle signed the Release and left the service of Allstate under the Forced Severance Option.
424. Plaintiff Hinkle was born in 1948 and had at least fifteen (15) years of continuous service with Allstate at the time she left the company’s service in 2000.
425. Plaintiff John Hlohinec (“Hlohinec”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Hlohinec signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
426. Plaintiff Hlohinec was born in 1955 and had at least eighteen (18) years of continuous service to Allstate at the time he left the company’s service in 2004.
427. Plaintiff Jimmy D. Hock (“Hock”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Hock signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
428. Plaintiff Hock was born in 1941 and had at least nineteen (19) years of continuous service to Allstate at the time he retired from the company’s service in 2003.
429. Plaintiff Charmain A. Horvath (“Horvath”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Horvath signed the Release and left the service of Allstate under the Forced Sale Option.
430. Plaintiff Horvath was born in 1952 and had at least thirteen (13) years of continuous service to Allstate at the time she left the company’s service in 2000.
431. Plaintiff Daniel P. Hourihane (“Hourihane”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Hourihane signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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432. Plaintiff Hourihane was born in 1941 and had at least twenty-six (26) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
433. Plaintiff Steven H. Howell (“Howell”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Howell signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
434. Plaintiff Howell was born in 1946 and had at least twenty-two (22) years of continuous service to Allstate at the time he retired from the company’s servie in 2005.
435. Plaintiff George A. Huye (“Huye”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Huye signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
436. Plaintiff Huye was born in 1954 and has at least twenty-six (26) years of continuous service to Allstate. Huye remains in the company’s service.
437. Plaintiff John A. Iapoce (“Iapoce”) was employed by Allstate for more than thirty-four (34) years under an R830 contract. Iapoce signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
438. Plaintiff Iapoce was born in 1940 and had at least thirty-six (36) years of continuous service to Allstate at the time he retired from the company’s service in 2002.
439. Plaintiff Sandra Inman (previously Sandra L. Holloway) (“Inman”) was employed by Allstate for over ten (10) years under an R1500 contract. Inman signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
440. Plaintiff Inman was born in 1956 and had at least thirteen (13) years of continuous service to Allstate at the time she left the company’s service in 2003.
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441. Plaintiff Charles S. Jackson (“C. Jackson”) was employed by Allstate for more than thirty-two (32) years under an R830 contract. C. Jackson signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
442. Plaintiff C. Jackson was born in 1943 and had at least thirty-four (34) years of continuous service to Allstate at the time he retired from the company’s service in 2002.
443. Plaintiff Rick Jahns (“R. Jahns”) was employed by Allstate for more than twentyseven (27) years under an R830 contract. R. Jahns signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
444. Plaintiff R. Jahns was born in 1946 and had at least twenty-nine (29) years of continuous service to Allstate at the time he retired from the company’s service in 2002.
445. Plaintiff Robert Jayson (“Jayson”) was employed by Allstate for more than eleven (11) years under an R1500 contract. Jayson signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
446. Plaintiff Jayson was born in 1946 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service in 2005.
447. Plaintiff Leland T. Jelinek (“Jelinek”) was employed by Allstate for more than eleven (11) years under an R1500 contract. Jelinek signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
448. Plaintiff Jelinek was born in 1948 and has at least twenty-four (24) years of continuous service to Allstate. Jelinek remains in the company’s service.
449. Plaintiff Charles (“Chuck”) Johnson (“C. Johnson”) was employed by Allstate for more than nineteen (19) years under an R830 contract. C. Johnson signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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450. Plaintiff C. Johnson was born in 1946 and had at least thirty (30) years of continuous service to Allstate at the time he retired from the company’s service in 2011.
451. Plaintiff Reece Thomas Johnson (“R. Johnson”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. R. Johnson signed the Release and left the service of Allstate under the Forced Sale Option.
452. Plaintiff R. Johnson was born in 1947 and had at least fourteen (14) years of continuous service to Allstate at the time he left the company’s service in 2000.
453. Plaintiff Larry Dan Jones (“L. Jones”) was employed by Allstate for more than twenty-seven (27) years under an R830 contract. L. Jones signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000..
454. Plaintiff L. Jones was born in 1944 and had at least twenty-nine (29) years of continuous service to Allstate at the time he retired from the company’s service in 2002 as a result of the Program.
455. Plaintiff Ronald R. Jones (“R. Jones”) was employed by Allstate for more than nineteen (19) years under an R830 contract. R. Jones signed the Release and left the service of Allstate under the Forced Sale Option.
456. Plaintiff R. Jones was born in 1949 and had at least nineteen (19) years of service to Allstate at the time he left the company’s service in 2000.
457. Plaintiff Karen Juneman is suing in her capacity as personal representative for the Estate of deceased former Allstate agent Roger Michael Juneman. Roger Juneman was employed by Allstate for more than twenty-nine (29) years under an R830 or R1500 contract. He signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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458. Roger Juneman was born in 1941 and had at least thirty-one (31) years of continuous service to Allstate at the time he retired from the company’s service in 2002.
459. Plaintiff David N. Kapec (“Kapec”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Kapec signed the Release and left the service of Allstate under the Forced Sale Option.
460. Plaintiff Kapec was born in 1954 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service in 2000.
461. Plaintiff Kathleen Kenney (“Kenney”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Plaintiff Kenney signed the Release and left the service of Allstate under the Forced Sale Option.
462. Plaintiff Kenney was born in 1954 and had at least eighteen (18) years of continuous service with Allstate at the time she left the company’s service in 2000.
463. Plaintiff Robert J. Killeen (“Killeen”) was employed by Allstate for more than thirty-six (36) years under an R830 contract. Plaintiff Killeen signed the Release and left the service of Allstate under the Forced Sale Option.
464. Plaintiff Killeen was born in 1934 and had at least thirty-six (36) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
465. Plaintiff Robert E. Kimble (“Kimble”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff Kimble signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
466. Plaintiff Kimble was born in 1958 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired from the company’s service in 2010.
467. Plaintiff Thomas E. Krohner (“Krohner”) was employed by Allstate for more than twenty-seven (27) years under an R830 contract. Plaintiff Krohner signed the Release and
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continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
468. Plaintiff Krohner was born in 1945 and had at least forty-three (43) years of continuous service with Allstate at the time he retired from the company’s service in 2010.
469. Plaintiff Maria Krumm is suing in her capacity as personal representative for the Estate of deceased former Allstate agent Gary Krumm. Gary Krumm was employed by Allstate for more than twenty-two (22) years under an R830 contract. He signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
470. Gary Krumm was born in 1943 and had at least thirty-one (31) years of continuous service with Allstate at the time he retired from the company’s service in 2008.
471. Plaintiff Amos Kuykendoll (“Kuykendoll”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Plaintiff Kuykendoll signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
472. Plaintiff Kuykendoll was born in 1946 and had at least thirteen (13) years of continuous service with Allstate at the time he left the company’s service in 2001
473. Plaintiff William Landmark (“Landmark”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff Landmark signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
474. Plaintiff Landmark was born in 1954 and had at least twenty-seven (27) years of continuous service with Allstate at the time he retired from the company’s service in 2010.
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475. Plaintiff Gregory Lane (“Lane”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Plaintiff Lane signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
476. Plaintiff Lane was born in 1952 and had at least eighteen (18) years of continuous service with Allstate at the time he left the company’s service in 2002.
477. Plaintiff Bruce Larrabee (“Larrabee”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Plaintiff Larrabee signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
478. Plaintiff Larrabee was born in 1948 and had at least twenty-eight (28) years of continuous service with Allstate at the time he retired from the company’s service in 2011.
479. Plaintiff Jennifer Latham is suing in her capacity as personal representative for the Estate of deceased former Allstate agent Charles Latham. Charles Latham was employed by Allstate for more than thirty-one (31) years under an R830 contract. Plaintiff Latham signed the Release and left the service of Allstate under the Forced Sale Option.
480. Charles Latham was born in 1944 and had at least thirty-one (31) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
481. Plaintiff Carol LeBlanc (“LeBlanc”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. LeBlanc signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
482. Plaintiff LeBlanc was born in 1947 and had at least twenty-seven (27) years of continuous service to Allstate at the time she retired from the company’s service in 2002.
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483. Plaintiff Joseph Lee (“Lee”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Plaintiff Lee signed the Release and left the service of Allstate under the Forced Severance Option.
484. Plaintiff Lee was born in 1953 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
485. Plaintiff Sharon E. Libbra (“S. Libbra”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Plaintiff S. Libbra signed the Release and left the service of Allstate under the Forced Sale Option.
486. Plaintiff S. Libbra was born in 1952 and had at least twelve (12) years of continuous service with Allstate at the time she left the company’s service in 2000.
487. Plaintiff Terry Libbra (“T. Libbra”) was employed by Allstate for more than fifteen (15) years under an R830 contract. Plaintiff T. Libbra signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
488. Plaintiff T. Libbra was born in 1958 and had at least twenty-seven (27) years of continuous service with Allstate at the time he retired from the company’s service in 2011.
489. Plaintiff Janet Lindsay is suing in her capacity as personal representative for the Estate of deceased former Allstate agent Ronald Lindsay. Ronald Lindsay was employed by Allstate for more than nineteen (19) years under an R830 contract. He signed the Release and left the service of Allstate under the Forced Sale Option.
490. Ronald Lindsay was born in 1939 and had at least nineteen (19) years of continuous service with Allstate at the time he left the company’s service in 2000.
491. Plaintiff James Longman (“Longman”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Plaintiff Longman signed the Release and left the service of Allstate under the Forced Sale Option.
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492. Plaintiff Longman was born in 1946 and had at least eighteen (18) years of continuous service with Allstate at the time he left the company’s service in 2000.
493. Plaintiff John Lucas (“Lucas”) was employed by Allstate for more than thirty-one (31) years under an R830 contract. Plaintiff Lucas signed the Release and left the service of Allstate under the Forced Sale Option.
494. Plaintiff Lucas was born in 1937 and had at least thirty-one (31) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
495. Plaintiff James E. Lynch (“Lynch”) was employed by Allstate for more than thirty-three (33) years under an R830 or R1500 contract. Plaintiff Lynch signed the Release and left the service of Allstate under the Forced Sale Option.
496. Plaintiff Lynch was born in 1938 and had at least thirty-three (33) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
497. Plaintiff Michael Macisco (“Macisco”) was employed by Allstate for more than seventeen (17) years under the R830 contract. Plaintiff Macisco signed the Release and left the service of Allstate under the Forced Sale Option.
498. Plaintiff Macisco was born in 1945 and had at least seventeen (17) years of continuous service to Allstate at the time he left the company’s service in 2000.
499. Plaintiff John G. Malek (“Malek”) was employed by Allstate for more than eleven (11) years under an R1500 contract. Plaintiff Malek signed the Release and left the service of Allstate under the Forced Sale Option.
500. Plaintiff Malek was born in 1947 and had at least eleven (11) years of continuous service with Allstate at the time he left the company’s service in 2000.
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501. Plaintiff Steven Mallory (“Mallory”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff Mallory signed the Release and left the service of Allstate under the Forced Sale Option.
502. Plaintiff Mallory was born in 1951 and had at least sixteen (16) years of continuous service with Allstate at the time he left the company’s service in 2000.
503. Plaintiff John Malloy (“Malloy”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Plaintiff Malloy signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
504. Plaintiff Malloy was born in 1952 and had at least twenty-one (21) years of continuous service with Allstate at the time he retired from the company’s service in 2006.
505. Plaintiff Patricia Marazo was employed by Allstate for more than seventeen (17) years under an R830 contract. Plaintiff Marazo signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
506. Plaintiff Marazo was born in 1944 and has at least twenty-seven (27) years of continuous service to Allstate at the time she retired from the company’s service in 2010.
507. Plaintiff Nicholas Marinos (“Marinos”) was employed by Allstate for more than ten (10) years under an R1500 contract. Plaintiff Marinos signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
508. Plaintiff Marinos was born in 1952 and had at least sixteen (16) years of continuous service with Allstate at the time he left the company’s service in 2006.
509. Plaintiff Eugene Maroney (“Maroney”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Plaintiff Maroney signed the Release and left the service of Allstate under the Forced Severance Option.
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510. Plaintiff Maroney was born in 1940 and had at least eighteen (18) years of continuous service with Allstate at the time he left the company’s service in 2000.
511. Plaintiff John Marsh Jr. (“Marsh”) was employed by Allstate for more than fifteen (15) years under an R830 contract. Plaintiff Marsh signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
512. Plaintiff Marsh was born in 1948 and had at least seventeen (17) years of continuous service with Allstate at the time he left the company’s service in 2002.
513. Plaintiff Richard Masi (“Masi”) was employed by Allstate for more than twentyfive (25) years under an R830 contract. Plaintiff Masi signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
514. Plaintiff Masi was born in 1952 and had at least twenty-five (25) years of continuous service with Allstate at the time he retired from the company’s service in 2010.
515. Plaintiff Glen Mason (“Mason”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Plaintiff Mason signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
516. Plaintiff Mason was born in 1956 and had at least twenty-four (24) years of continuous service with Allstate at the time he retired from the company’s service in 2011.
517. Plaintiff Scott Mattingly (“Mattingly”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff Mason signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
518. Plaintiff Mattingly was born in 1955 and had at least twenty-eight (28) years of continuous service with Allstate at the time he retired from the company’s service in 2011.
519. Plaintiff Thomas Matyjasik (“Matyjasik”) was employed by Allstate for more than twenty-seven (27) years under an R830 contract. Plaintiff Matyjasik signed the Release and
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continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
520. Plaintiff Matyjasik was born in 1944 and had at least thirty-six (36) years of continuous service with Allstate at the time he retired from the company’s service in 2009.
521. Plaintiff Thomas McCall (“McCall”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff McCall signed the Release and continued in the service of Allstate under the Forced Conversion Option.
522. Plaintiff McCall was born in 1954 and had at seventeen (17) years of continuous service with Allstate at the time he left the company’s service in 2001.
523. Plaintiff Rudolph McClinon, Jr. (“McClinon”) was employed by Allstate for more than sixteen (16) years under an R1500 contract. Plaintiff McClinon signed the Release and left the service of Allstate under the Forced Sale Option.
524. Plaintiff McClinon was born in 1952 and had at least sixteen (16) years of continuous service with Allstate at the time he left the company’s service in 2000.
525. Plaintiff Casey McCoy (“McCoy”) was employed by Allstate for approximately twenty (20) years under an R1500 contact. Plaintiff McCoy signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
526. Plaintiff McCoy was born in 1949 and had at least twenty-two (22) years of continuous service to Allstate at the time he left the company’s service in 2002..
527. Plaintiff Sherry McDonald (“McDonald”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Plaintiff McDonald signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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528. Plaintiff McDonald was born in 1954 and has at least twenty-three (23) years of continuous service at the time she retired and/or left the company’s service in 2010.
529. Plaintiff Thomas McEvans, III (“McEvans”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Plaintiff McEvans signed the Release and left the service of Allstate under the Forced Severance Option.
530. Plaintiff McEvans was born in 1937 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
531. Plaintiff James McGuire (“McGuire”) was employed by Allstate for more than twenty (20) years under an R830 contract. Plaintiff McGuire signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
532. Plaintiff McGuire was born in 1949 and had at least twenty-three (23) years of continuous service with Allstate at the time he retired from the company’s service in 2003.
533. Plaintiff John F. McKenzie (“McKenzie”) was employed by Allstate for more than ten (10) years under an R1500 contract. McKenzie signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
534. Plaintiff McKenzie was born in 1943 and had at least seventeen (17) years of continuous service to Allstate at the time he retired from the company’s service in 2007.
535. Plaintiff Anthony McMurray (“McMurray”) was employed by Allstate for more than thirty-six (36) years under an R830 contract. McMurray signed the Release and left the service of Allstate under the Forced Sale Option.
536. Plaintiff McMurray was born in 1941 and had at least thirty-six (36) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
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537. Plaintiff Peter McVittie (“McVittie”) was employed by Allstate for more than thirty (30) years under an R830 contract. Plaintiff McVittie signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
538. Plaintiff McVittie was born in 1946 and had at least forty-one (41) years of continuous service to Allstate at the time he retired from the company’s service in 2011.
539. Plaintiff Jerrel L. Mead (“Mead”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff Mead signed the Release and left the service of Allstate under the Forced Sale Option.
540. Plaintiff Mead was born in 1959 and had at least sixteen (16) years of continuous service with Allstate at the time he left the company’s service in 2000.
541. Plaintiff Mary Mendoza (“Mendoza”) was employed by Allstate for more than eleven (11) years under an R1500 contract. Plaintiff Mendoza signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
542. Plaintiff Mendoza was born in 1943 and has at least twenty-five (25) years of continuous service. Plaintiff Mendoza remains in the service of Allstate.
543. Plaintiff Orton W. Messenger (“Messenger”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Plaintiff Messenger signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
544. Plaintiff Messenger was born in 1954 and had at least nineteen (19) years of continuous service with Allstate at the time he left the company’s service in 2006.
545. Plaintiff Susan Messina (“Messina”) was employed by Allstate for more than twenty (20) years under an R830 contract. Plaintiff Messina signed the Release and left the service of Allstate under the Forced Sale Option.
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546. Plaintiff Messina was born in 1948 and had at least twenty (20) years of continuous service with Allstate at the time she retired from the company’s service in 2000.
547. Plaintiff Philip Metcalfe (“Metcalfe”) was employed by Allstate for more than eighteen (18) years under an R830 or R1500 contract. Plaintiff Metcalfe signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
548. Plaintiff Metcalfe was born in 1942 and had at least twenty-five (25) years of continuous service with Allstate at the time he retired from the company’s service in 2008.
549. Plaintiff Ronald Metzger (“Metzger”) was employed by Allstate for more than twenty-four (24) years under an R830 contract. Plaintiff Metzger signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
550. Plaintiff Metzger was born in 1947 and had at least thirty-two (32) years of continuous service with Allstate at the time he retired from the company’s service in 2009.
551. Plaintiff Michael Meyer (“Meyer”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Plaintiff Meyer signed the Release and left the service of Allstate under the Forced Sale Option.
552. Plaintiff Meyer was born in 1950 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
553. Plaintiff Arthur Miles (“Miles”) was employed by Allstate for more than eighteen (18) years under an R830 or R1500 contract. Plaintiff Miles signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
554. Plaintiff Miles was born in 1949 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired from the company’s service in 2008.
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555. Plaintiff Frank Miller, Jr. (“F. Miller”) was employed by Allstate for more than ten (10) years under an R1500 contract. Plaintiff F. Miller signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
556. Plaintiff F. Miller was born in 1951 and had at least thirteen (13) years of continuous service with Allstate at the time he left the company’s service in 2003.
557. Plaintiff James Thomas Miller (“J. Miller”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Plaintiff J. Miller signed the Release and left the service of Allstate under the Forced Severance Option.
558. Plaintiff J. Miller was born in 1946 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
559. Plaintiff Jean Minal (“Minal”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Plaintiff Minal signed the Release and left the service of Allstate under the Forced Sale Option.
560. Plaintiff Minal was born in 1936 and had at least eighteen (18) years of continuous service with Allstate at the time she left the company’s service in 2000.
561. Plaintiff Frieda Minga (“Minga”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff Minga signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
562. Plaintiff Minga was born in 1946 and had at least nineteen (19) years of continuous service with Allstate as an agent at the time she left the company’s service in 2003.
563. Plaintiff Barbara Ann Mink is suing in her capacity as personal representative for the Estate of deceased former Allstate agent Daniel Mink. Daniel Mink was employed by Allstate for more than sixteen (16) years under an R830 contract. He signed the Release and left the service of Allstate under the Forced Sale Option.
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564. Daniel Mink was born in 1944 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service in 2000.
565. Plaintiff Robert Minton (“R. Minton”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Plaintiff R. Minton signed the Release and left the service of Allstate under the Forced Sale Option.
566. Plaintiff R. Minton was born in 1943 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
567. Plaintiff Joseph Montanaro (“Montanaro”) was employed by Allstate for more than thirty-three (33) years under an R830 contract. Plaintiff Montanaro signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
568. Plaintiff Montanaro was born in 1943 and had at least forty-four (44) years of continuous service with Allstate at the time he retired from the company’s service in 2012.
569. Plaintiff Richard Moore (“R. Moore”) was employed by Allstate for more than twenty-seven (27) years under an R830 contract. Plaintiff R. Moore signed the Release and left the service of Allstate under the Forced Sale Option.
570. Plaintiff R. Moore was born in 1939 and had at least twenty-seven (27) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
571. Plaintiff Stafford Walter Moore (“S. Moore”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Plaintiff S. Moore signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
572. Plaintiff S. Moore was born in 1952 and had at least nineteen (19) years of continuous service with Allstate at the time he left the company’s service in 2002.
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573. Plaintiff Dinah Morgan (“D. Morgan”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Plaintiff D. Morgan signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
574. Plaintiff D. Morgan was born in 1947 and had at least twenty-seven years (27) of continuous service at the time she retired from the company’s service in 2001.
575. Plaintiff Sylvia Mosley (“Mosley”) was employed by Allstate for more than twenty-three (23) years under an R830 contract. Plaintiff Mosley signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
576. Plaintiff Mosley was born in 1955 and had at least twenty-five (25) years of continuous service with Allstate at the time she retired from the company’s service in 2002.
577. Plaintiff D. Craig Mullen (“Mullen”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Plaintiff Mullen signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
578. Plaintiff Mullen was born in 1961 and had at least thirteen (13) years of continuous service with Allstate at the time he left the company’s service in 2001.
579. Plaintiff Kelly Patrick Mulligan (“Mulligan”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff Mulligan signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
580. Plaintiff Mulligan was born in 1957 and had at least twenty-nine (29) years of continuous service with Allstate at the time he retired from the company’s service in 2012.
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581. Plaintiff Darrell Namie (“Namie”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Plaintiff Namie signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
582. Plaintiff Namie was born in 1955 and had at least twenty-four (24) years of continuous service with Allstate at the time he retired from the company’s service in 2011.
583. Plaintiff Herbert Newman (“Newman”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. Plaintiff Newman signed the Release and left the service of Allstate under the Forced Sale Option.
584. Plaintiff Newman was born in 1939 and had at least twenty-one (21) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
585. Plaintiff Chester Nowak (“Nowak”) was employed by Allstate for more than twenty-three (23) years under an R830 contract. Plaintiff Nowak signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
586. Plaintiff Nowak was born in 1948 and had at least twenty-five (25) years of continuous service with Allstate at the time he retired from the company’s service in 2001.
587. Plaintiff Richard Nydegger (“Nydegger”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Plaintiff Nydegger signed the Release and left the service of Allstate under the Forced Sale Option.
588. Plaintiff Nydegger was born in 1952 and had at least fifteen (15) years of continuous service with Allstate at the time he left the company’s service in 2000.
589. Plaintiff Thomas O’Dell (“O’Dell”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff O’Dell signed the Release and left the service of Allstate under the Forced Sale Option.
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590. Plaintiff O’Dell was born in 1945 and had at least sixteen (16) years of continuous service with Allstate at the time he left the company’s service in 2000.
591. Plaintiff Walter Orr (“Orr”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Plaintiff Orr signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
592. Plaintiff Orr was born in 1950 and had at least twenty-eight (28) years of continuous service with Allstate at the time he retired from the company’s service in 2011.
593. Plaintiff James Overmiller (“Overmiller”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Plaintiff Overmiller signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
594. Plaintiff Overmiller was born in 1951 and had at least twenty-five (25) years of continuous service with Allstate at the time he retired from the company’s service in 2011.
595. Plaintiff Barbara Oxner (previously Barbara Jones) (“Oxner”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Oxner signed the Release and left the service of Allstate under the Forced Sale Option.
596. Plaintiff Oxner was born in 1942 and had at least fifteen (15) years of continuous service to Allstate at the time she left the company’s service in 2000.
597. Plaintiff Martha Parry (“Parry”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Plaintiff Parry signed the Release and left the service of Allstate under the Forced Sale Option.
598. Plaintiff Parry was born in 1937 and had at least fifteen (15) years of continuous service with Allstate at the time she retired from the company’s service in 2000.
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599. Plaintiff Frank Patterson (“Patterson”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. Plaintiff Patterson signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
600. Plaintiff Patterson was born in 1947 and had at least twenty-three (23) years of continuous service with Allstate at the time he retired from the company’s service in 2002.
601. Plaintiff Terry Paulk (“Paulk”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Plaintiff Paulk signed the Release and left the service of Allstate under the Forced Sale Option.
602. Plaintiff Paulk was born in 1955 and had at least eighteen (18) years of continuous service with Allstate at the time he left the company’s service in 2000.
603. Plaintiff Daniel Perry (“Perry”) was employed by Allstate for at least twenty (20) under an R830 contract. Plaintiff Perry signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
604. Plaintiff Perry was born in 1957 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired from the company’s service in 2007.
605. Plaintiff Kenneth Philbrick (“Philbrick”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Plaintiff Philbrick signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
606. Plaintiff Philbrick was born in 1941 and had at least twenty-two (22) years of continuous service with Allstate at the time he retired from the company’s service in 2007.
607. Plaintiff Frank Leslie Phillips, Jr. (“Phillips”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff Phillips signed the Release and
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continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
608. Plaintiff Phillips was born in 1948 and had at least eighteen (18) years of continuous service at the time he left the company’s service in 2002.
609. Plaintiff Stephen Pigg (“Pigg”) was employed by Allstate for more than twentysix (26) years under an R830 contract. Plaintiff Pigg signed the Release and left the service of Allstate under the Forced Severance Option.
610. Plaintiff Pigg was born in 1939 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired from the company’s service as a result of the Program.
611. Plaintiff Clifford Pinckney (“Pinckney”) was employed by Allstate for more than twenty-eight (28) years under an R830 contract. Plaintiff Pinckney signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
612. Plaintiff Pinckney was born in 1949 and had at least thirty-four (34) years of continuous service with Allstate at the time he retired from the company’s service in 2006.
613. Plaintiff Rita Pino (“Pino”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Plaintiff Pino signed the Release and left the service of Allstate under the Forced Sale Option.
614. Plaintiff Pino was born in 1941 and had at least fifteen (15) years of continuous service with Allstate at the time she left the company’s service in 2000.
615. Plaintiff Ronald Pinsoneault (“Pinsoneault”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Plaintiff Pinsoneault signed the Release and
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continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
616. Plaintiff Pinsoneault was born in 1946 and had at least twenty-seven (27) years of continuous service with Allstate at the time he retired from the company’s service in 2009.
617. Plaintiff Johnny Plemons (“Plemons”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Plaintiff Plemons signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
618. Plaintiff Plemons was born in 1956 and had at least thirty (30) years of continuous service with Allstate at the time he retired from the company’s service in 2011.
619. Plaintiff Robert Pollock (“Pollock”) was employed by Allstate for more than eleven (11) years under an R1500 contract. Plaintiff Pollock signed the Release and left the service of Allstate under the Forced Sale Option.
620. Plaintiff Pollock was born in 1944 and had at least twenty-two (22) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
621. Plaintiff Dennis Porter (“Porter”) was employed by Allstate for more than twentysix (26) years under an R830 contract. Plaintiff Porter signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
622. Plaintiff Porter was born in 1942 and had at least twenty-nine (29) years of continuous service with Allstate at the time he retired from the company’s service in 2003.
623. Plaintiff Dennis Powers (“Powers”) was employed by Allstate for more than ten (10) years under an R1500 contract. Plaintiff Powers signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
624. Plaintiff Powers was born in 1953 and had at least twenty-one (21) years of continuous service with Allstate at the time he retired from the company’s service in 2011.
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625. Plaintiff Blair Quasnitschka is suing in his capacity as personal representative for the Estate of deceased former Allstate agent Linda Kirbus (formerly Linda Quasnitschka). Linda Kirbus was employed by Allstate for more than twenty-two (22) years under an R830 contract. She signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
626. Linda Kirbus was born in 1949 and had at least twenty-nine (29) years of continuous service with Allstate at the time she retired from the company’s service in 2007.
627. Plaintiff Paul Quattrone (“Quattrone”) was employed by Allstate for more than twenty-seven (27) years under an R830 contract. Plaintiff Quattrone signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
628. Plaintiff Quattrone was born in 1947 and had at least twenty-nine (29) years of continuous service with Allstate at the time he retired from the company’s service in 2002.
629. Plaintiff Marziano Ragnone (“Ragnone”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Plaintiff Ragnone signed the Release and left the service of Allstate under the Forced Sale Option.
630. Plaintiff Ragnone was born in 1942 and had at least eighteen (18) years of continuous service with Allstate at the time he left the company’s service in 2000.
631. Plaintiff James Rauen (“Rauen”) was employed by Allstate for more than twentyfour (24) years under an R830 contract. Plaintiff Rauen signed the Release and left the service of Allstate under the Forced Sale Option.
632. Plaintiff Rauen was born in 1948 and had at least twenty-four (24) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
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633. Plaintiff Donald Reimer (“Reimer”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Plaintiff Reimer signed the Release and left the service of Allstate under the Forced Severance Option.
634. Plaintiff Reimer was born in 1948 and had at least seventeen (17) years of continuous service with Allstate at the time he left the company’s service in 2000.
635. Plaintiff G. Maria Resnick (“Resnick”) was employed by Allstate for more than twenty-three (23) years under an R830 contract. Plaintiff Resnick signed the Release and left the service of Allstate under the Forced Sale Option.
636. Plaintiff Resnick was born in 1949 and had at least twenty-three (23) years of continuous service with Allstate at the time she retired from the company’s service in 2000.
637. Plaintiff Linda Reynolds (“Reynolds”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff Reynolds signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
638. Plaintiff Reynolds was born in 1948 and had at least twenty-six (26) years of continuous service with Allstate at the time she retired from the company’s service in 2010.
639. Plaintiff Stan Ricks (“Ricks”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Plaintiff Ricks signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
640. Plaintiff Ricks was born in 1951 and had at least nineteen (19) years of continuous service with Allstate at the time he left the company’s service in 2005.
641. Plaintiff Dick Roberts (“D. Roberts”) was employed by Allstate for more than twenty-five (25) years under an R830 contract. Plaintiff D. Roberts signed the Release and left the service of Allstate under the Forced Sale Option.
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642. Plaintiff D. Roberts was born in 1946 and had at least twenty-five (25) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
643. Plaintiff Thomas Roby (“Roby”) was employed by Allstate for more than twentysix (26) years under an R830 contract. Plaintiff Roby signed the Release and left the service of Allstate under the Forced Sale Option.
644. Plaintiff Roby was born in 1944 and had at least twenty-six (26) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
645. Plaintiff David Louis Roman (“Roman”) was employed by Allstate for more than twenty-one (21) years under an R830 or R1500 contract. Plaintiff Roman signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
646. Plaintiff Roman was born in 1955 and had at least thirty-three (33) years of continuous service with Allstate at the time he retired from the company’s service in 2009.
647. Plaintiff Lloyd Rosensteel (“Rosensteel”) was employed by Allstate for more than twenty-eight (28) years under an R830 contract. Plaintiff Rosensteel signed the Release and left the service of Allstate under the Forced Sale Option.
648. Plaintiff Rosensteel was born in 1938 and had at least twenty-eight (28) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
649. Plaintiff Richard K. Roskowe (“Roskowe”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Plaintiff Roskowe signed the Release and left the service of Allstate under the Forced Sale Option.
650. Plaintiff Roskowe was born in 1949 and had at least sixteen (16) years of continuous service with Allstate at the time he left the company’s service in 2000.
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651. Plaintiff Richard Rossell (“Rossell”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. Plaintiff Rossell signed the Release and left the service of Allstate under the Forced Sale Option.
652. Plaintiff Rossell was born in 1947 and had at least twenty-one (21) years of continuous service with Allstate at the time he retired from the company’s service in 2000.
653. Plaintiff Ronald Rubin (“Rubin”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Plaintiff Rubin signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
654. Plaintiff Rubin was born in 1943 and had at least twenty (20) years of continuous service with Allstate at the time he retired from the company’s service in 2001.
655. Plaintiff Robert P. Russo (“Russo”) was employed by Alltsate for more than thirty-three (33) years under an R830 contract. Russo signed the Release and left the service of Allstate under the Forced Sale Option.
656. Plaintiff Russo was born in 1944 and had at least thirty-three (33) years of continuous service to Allstate at the time he left the company’s service in 2000.
657. Plaintiff Karen Ryan-White (“Ryan-White”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Ryan-White signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
658. Plaintiff Ryan-White was born in 1954 and had at least eighteen (18) years of continuous service to Allstate at the time she left the company’s service in 2002.
659. Plaintiff Edward Saad (“Saad”) was employed by Allstate for more than twenty (20) years under R830 contract. Saad signed the Release and left the service of Allstate under the Forced Severance Option.
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660. Plaintiff Saad was born in 1943 and had at least twenty (20) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
661. Plaintiff John Sanchez (“Sanchez”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Sanchez signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
662. Plaintiff Sanchez was born in 1958 and had at least nineteen (19) years of continuous service to Allstate at the time he left the company’s service in 2002.
663. Plaintiff Jack M. Sanders (“J. Sanders”) was employed by Allstate for more than thirty-four (34) years under an R830 contract. J. Sanders signed the Release and left the service of Allstate under the Forced Sale Option.
664. Plaintiff J. Sanders was born in 1941 and had at least thirty-four (34) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
665. Plaintiff Michael L. Sanders (“M. Sanders”) was employed by Allstate for more than sixteen (16) years under an R830 contract. M. Sanders signed the Release and left the service of Allstate under the Forced Sale Option.
666. Plaintiff M. Sanders was born in 1947 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service in 2000.
667. Plaintiff Sheila L. Sanders (“S. Sanders”) was employed by Allstate for more than eighteen (18) years under an R830 contract. S. Sanders signed the Release and left the service of Allstate under the Forced Sale Option.
668. Plaintiff S. Sanders was born in 1956 and had at least eighteen (18) years of continuous service to Allstate at the time she left the company’s service in 2000.
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669. Plaintiff Gail Santalucia-Daly (“Santalucia-Daly”) was employed by Allstate for more than twenty (20) years under an R830 contract. Santalucia-Daly signed the Release and left the service of Allstate under the Forced Severance Option.
670. Plaintiff Santalucia-Daly was born in 1949 and had at least twenty (20) years of continuous service to Allstate at the time she retired from the company’s service as a result of the Program.
671. Plaintiff Philip J. Sarcone (“Sarcone”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Sarcone signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
672. Plaintiff Sarcone was born in 1950 and has at least thirty-three (33) years of continuous service to Allstate. Sarcone remains in the company’s service.
673. Plaintiff Richard L. Saulle (“Saulle”) was employed by Allstate for more than thirty-four (34) years under an R830 contract. Saulle signed the Release and left the service of Allstate under the Forced Sale Option.
674. Plaintiff Saulle was born in 1942 and had at least thirty-four (34) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
675. Plaintiff Marcos E. Sayago (“Sayago”) was employed by Allstate for more than twenty-five (25) years under an R830 contract. Sayago signed the Release and left the service of Allstate under the Forced Sale Option.
676. Plaintiff Sayago was born in 1947 and had at least twenty-five (25) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
677. Plaintiff Gerald Herbert Schiele (“Schiele”) was employed by Allstate for more than ten (10) years under an R1500 contract. Schiele signed the Release and left the service of Allstate under the Forced Sale Option.
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678. Plaintiff Schiele was born in 1946 and had at least ten (10) years of continuous service to Allstate at the time he left the company’s service in 2000.
679. Plaintiff Douglas Schiffmiller (“Schiffmiller”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Schiffmiller signed the Release and left the service of Allstate under the Forced Sale Option.
680. Plaintiff Schiffmiller was born in 1959 and had at least thirteen (13) years of continuous service to Allstate at the time he left the company’s service in 2000.
681. Plaintiff Timothy L. Schwartz (“Schwartz”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Schwartz signed the Release and left the service of Allstate under the Forced Sale Option.
682. Plaintiff Schwartz was born in 1952 and had at least seventeen (17) years of continuous service to Allstate at the time he left the company’s service in 2000.
683. Plaintiff David L. Seidel (“Seidel”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. Seidel signed the Release and left the service of Allstate under the Forced Sale Option.
684. Plaintiff Seidel was born in 1941 and had at least twenty-one (21) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
685. Plaintiff Roger Serola (“Serola”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Serola signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
686. Plaintiff Serola was born in 1945 and has at least thirty-one (31) years of continuous service to Allstate. Serola remains in the company’s service.
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687. Plaintiff Leonard Leroy Shaw (“Shaw”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Shaw signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
688. Plaintiff Shaw was born in 1943 and had at least nineteen (19) years of continuous service to Allstate at the time he left the company’s service in 2007.
689. Plaintiff Robert G. Shea Jr. (“Shea”) was employed by Allstate for more than twenty (20) years under an R830 contract. Shea signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
690. Plaintiff Shea was born in 1940 and had at least twenty-one (21) years of continuous service to Allstate at the time he retired from the company’s service in 2001.
691. Plaintiff Sheldon F. Sheff (“Sheff”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Sheff signed the Release and left the service of Allstate under the Forced Sale Option.
692. Plaintiff Sheff was born in 1950 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service in 2000.
693. Plaintiff Woodrow Shelton Jr. (“Shelton”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Shelton signed the Release and left the service of Allstate under the Forced Sale Option.
694. Plaintiff Shelton was born in 1950 and had at least twelve (12) years of continuous service to Allstate at the time he left the company’s service in 2000.
695. Plaintiff Darryl Sherman (“Sherman”) was employed by Allstate for more than twenty-nine (29) years under an R830 contract. Sherman signed the Release and left the service of Allstate under the Forced Severance Option.
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696. Plaintiff Sherman was born in 1942 and had at least twenty-nine (29) years of continuous service to Allstate at the time he retired from the company’s service at the end of 1999 as a result of the Program.
697. Plaintiff Mike Shobe (“Shobe”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Shobe signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
698. Plaintiff Shobe was born in 1944 and had at least twenty (20) years of continuous service to Allstate at the time he retired from the company’s service in 2001.
699. Plaintiff Lawrence Simms (“L. Simms”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. L. Simms signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
700. Plaintiff L. Simms was born in 1952 and had at least fifteen (15) years of continuous service to Allstate at the time he left the company’s service in 2001.
701. Plaintiff Douglas A. Sims (“D. Sims”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. D. Sims signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
702. Plaintiff D. Sims was born in 1951 and had at least nineteen (19) years of continuous service to Allstate at the time he left the company’s service in 2005.
703. Plaintiff Eric B. Sims (“E. Sims”) was employed by Allstate for more than eleven (11) years under an R1500 contract. E. Sims signed the Release and left the service of Allstate under the Forced Sale Option.
704. Plaintiff E. Sims was born in 1962 and had at least eleven (11) years of continuous service to Allstate at the time he left the company’s service in 2000.
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705. Plaintiff Chinesta Skipper Smith (“C. Smith”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Skipper signed the Release and left the service of Allstate under the Forced Sale Option.
706. Plaintiff C. Smith was born in 1954 and had at least nineteen (19) years of continuous service to Allstate at the time she left the company’s service in 2000.
707. Plaintiff Marie Smith is suing in her capacity as personal representative for the Estate of deceased former agent David William Smith (“D.W. Smith”). D.W. Smith was employed by Allstate for more than eighteen (18) years under an R830 contract. D. W. Smith signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
708. D. W. Smith was born in 1957 and had at least thirty-two (32) years of continuous service to Allstate.
709. Plaintiff Dennis Z. Smith (“D. Z. Smith”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. D. Z. Smith signed the Release and left the service of Allstate under the Forced Sale option.
710. Plaintiff D. Z. Smith was born in 1963 and had at least thirteen (13) years of continuous service to Allstate at the time he left the company’s service in 2000.
711. Plaintiff Ronald W. Smith (“R. Smith”) was employed by Allstate for more than sixteen (16) years under an R830 contract. R. Smith signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
712. Plaintiff R. Smith was born in 1946 and had approximately twenty-three (23) years of continuous service to Allstate when he retired from the company’s service in 2006.
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713. Plaintiff Armando D. Soler (“Soler”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Soler signed the Release and left the service of Allstate under the Forced Sale Option.
714. Plaintiff Soler was born in 1946 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service in 2000.
715. Plaintiff Deborah Sorrell-Ulrich (“Sorrell-Ulrich”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Sorrell-Ulrich signed the Release and left the service of Allstate under the Forced Sale Option.
716. Plaintiff Sorrell-Ulrich was born in 1957 and had at least eighteen (18) years of continuous service to Allstate at the time she left the company’s service in 2000.
717. Plaintiff David St. John (“D. St. John”) was employed by Allstate for more than eighteen (18) years under an R830 contract. D. St. John signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
718. Plaintiff D. St. John was born in 1952 and had at least twenty-two (22) years of continuous service to Allstate at the time he retired from the company’s service in 2004.
719. Plaintiff Sarah A. St. John (S. St. John) was employed by Allstate for more than thirteen (13) years under an R1500 contract. S. St. John signed the Release and left the service of Allstate as an agent under the Forced Sale Option.
720. Plaintiff S. St. John was born in 1954 and had at least thirteen (13) years of continuous service as an agent to Allstate at the time she sold her agency in 2000 as a result of the Program.
721. Plaintiff Robert Stedman Jr. (“Stedman”) was employed by Allstate for more than twenty-six (26) years under an R830 or R1500 contract. Stedman signed the Release and left the service of Allstate under the Forced Severance Option.
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722. Plaintiff Stedman was born in 1945 and had at least twenty-six (26) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
723. Plaintiff Carol P. Stevens (formerly Carol Stehle) (“Stevens”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Stehle signed the Release and left the service of Allstate under the Forced Sale Option.
724. Plaintiff Stevens was born in 1942 and had at least sixteen (16) years of continuous service to Allstate at the time she left the company’s service in 2000.
725. Plaintiff Thomas D. Stein (“Stein”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. Stein signed the Release and left the service of Allstate under the Forced Sale Option.
726. Plaintiff Stein was born in 1947 and had at least twenty-one (21) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
727. Plaintiff Michael M. Stern was employed by Allstate for more than thirty (30) years under an R1500 contract. He signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
728. Michael M. Stern was born in 1947 and had at least forty (40) years of continuous service to Allstate at the time he retired from the company’s service in 2010..
729. Plaintiff John Stout (“Stout”) was employed by Allstate for more than twentyseven (27) years under an R830 contract. Stout signed the Release and left the service of Allstate under the Forced Sale Option.
730. Plaintiff Stout was born in 1935 and had at least twenty-seven (27) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
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731. Plaintiff Donald J. Striplin (“Striplin”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Striplin signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
732. Plaintiff Striplin was born in 1947 and had at least twenty-one (21) years of continuous service to Allstate at the time he retired from the company’s service in 2003.
733. Plaintiff Celeste M. Sullivan (“Sullivan”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Sullivan signed the Release and left the service of Allstate under the Forced Sale Option.
734. Plaintiff Sullivan was born in 1953 and had at least fifteen (15) years of continuous service to Allstate at the time she left the company’s service in 2000.
735. Plaintiff Kurt A. Summers (“Summers”) was employed by Allstate for more than fifteen (15) years under an R1500 contract. Summers signed the Release and left the service of Allstate under the Forced Sale Option.
736. Plaintiff Summers was born in 1956 and had at least fifteen (15) years of continuous service to Allstate at the time he left the company’s service in 2000.
737. Plaintiff Stanley J. Suwala (“Suwala”) was employed by Allstate for more than twenty-five (25) years under an R830 contract. Suwala signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
738. Plaintiff Suwala was born in 1941 and has at least forty (40) years of continuous service to Allstate. Suwala remains in the company’s service.
739. Plaintiff Paul Gerald Svabek (“Svabek”) was employed by Allstate for more than twenty-two (22) years under an R830 contract. Svabek signed the Release and left the service of Allstate under the Forced Sale Option.
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740. Plaintiff Svabek was born in 1952 and had at least twenty-two (22) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
741. Plaintiff Edward C. Swanson (“E. Swanson”) was employed by Allstate for at least fifteen (15) years under an R1500 contract. E. Swanson signed the Release and left the service of Allstate under the Forced Sale Option.
742. Plaintiff E. Swanson was born in 1944 and had at least fifteen (15) years of continuous service to Allstate at the time he left the company’s service in 2000.
743. Plaintiff Marilyn Swanson (“M. Swanson”) was employed by Allstate for more than twenty-two (22) years under an R830 contract. M. Swanson signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
744. Plaintiff M. Swanson was born in 1946 and has at least thirty-two (32) years of continuous service to Allstate at the time she retired from the company’s service in 2010.
745. Plaintiff Michelle M. Tabler (“Tabler”) was employed by Allstate for approximately seventeen (17) years under an R830 contract. Tabler signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
746. Plaintiff Tabler was born in 1957 and had at least twenty-two (22) years of continuous service to Allstate at the time she retired from the company’s service in 2005.
747. Plaintiff Russell A. Tapie (“Tapie”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Tapie signed the Release and left the service of Allstate under the Forced Sale Option.
748. Plaintiff Tapie was born in 1955 and had at least sixteen (16) years of continuous service to Allstate at the time he left the company’s service in 2000.
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749. Plaintiff Wanda Tatum (“Tatum”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Tatum signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
750. Plaintiff Tatum was born in 1944 and had at least twenty-three (23) years of continuous service to Allstate at the time she retired from the company’s service in 2007.
751. Plaintiff Charles Taylor (“C. Taylor”) was employed by Allstate for more than eighteen (18) years under an R830 contract. C. Taylor signed the Release and left the service of Allstate under the Forced Sale Option.
752. Plaintiff C. Taylor was born in 1956 and had at least eighteen (18) years of continuous service to Allstate at the time he left the company’s service in 2000.
753. Plaintiff Wright B. Taylor (“W. Taylor”) was employed by Allstate for more than twenty-nine (29) years under an R830 contract. W. Taylor signed the Release and left the service of Allstate under the Forced Sale Option.
754. Plaintiff W. Taylor was born in 1944 and had at least twenty-nine (29) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
755. Plaintiff Robert W. Telkins (“Telkins”) was employed by Allstate for more than thirty-seven (37) years under an R830 contract. Telkins signed the Release and left the service of Allstate under the Forced Sale Option.
756. Plaintiff Telkins was born in 1941 and had at least thirty-seven (37) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
757. Plaintiff Stephen U. Thoennes (“Thoennes”) was employed by Allstate for more than twenty-six (26) years under R830 contract. Thoennes signed the Release and left the service of Allstate under the Force Sale Option.
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758. Plaintiff Thoennes was born in 1947 and had at least twenty-six (26) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
759. Plaintiff Gary L. Thomas (“G. Thomas”) was employed by Allstate for more than seventeen (17) years under an R830 contract. G. Thomas signed the Release and left the service of Allstate under the Forced Sale Option.
760. Plaintiff G. Thomas was born in 1957 and had at least seventeen (17) years of continuous service to Allstate at the time he left the company’s service in 2000.
761. Plaintiff Montague A. “Bud” Thomas III (“M. Thomas”) was employed by Allstate for more than twelve (12) years under an R1500 contract. M. Thomas signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
762. Plaintiff M. Thomas was born in 1945 and had at least twenty-two (22) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
763. Plaintiff Jeffrey Tobin (“Tobin”) was employed by Allstate for more than ten (10) years under an R1500 contract. Tobin signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
764. Plaintiff Tobin was born in 1950 and had at least eighteen (18) years of continuous service to Allstate at the time he left the company’s service in 2008.
765. Plaintiff Joseph George Tomec (“Tomec”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Tomec signed the Release and left the service of Allstate under the Forced Sale Option.
766. Plaintiff Tomec was born in 1949 and had at least fourteen (14) years of continuous service to Allstate at the time he left the company’s service in 2000.
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767. Plaintiff Mary Turley is suing in her capacity as personal representative for the Estate of deceased former Allstate agent Robert H. Turley. Robert H. Turley was employed by Allstate for more than twenty-three (23) years under an R830 contract. He signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
768. Robert H. Turley was born in 1946 and had at least twenty-four (24) years of continuous service to Allstate at the time he retired from the company’s service in 2001.
769. Plaintiff Albert Turner (“Turner”) was employed by Allstate for more than twenty-three (23) years under an R830 contract. Turner signed the Release and left the service of Allstate under the Forced Sale Option.
770. Plaintiff Turner was born in 1943 and had at least twenty-three (23) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
771. Plaintiff David J. Tuskey (“Tuskey’) was employed by Allstate for more than eighteen (18) years under an R830 contract. Tuskey signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
772. Plaintiff Tuskey was born in 1953 and has at least thirty-two (32) years of continuous service to Allstate. Tuskey remains in the company’s service.
773. Plaintiff George F. Twohig (“Twohig”) was employed by Allstate for more than thirty-six (36) years under an R830 contract. Twohig signed the Release and left the service of Allstate under the Forced Sale Option.
774. Plaintiff Twohig was born in 1935 and had at least thirty-six (36) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
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775. Plaintiff Cornell G. Vandegrift (“Vandegrift”) was employed by Allstate for more than twenty-three (23) years under an R830 contract. Vandegrift signed the Release and left the service of Allstate under the Forced Sale Option.
776. Plaintiff Vandegrift was born in 1947 and had at least twenty-three (23) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
777. Plaintiff Milford T. Vaught, Jr. (“Vaught”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Vaught signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
778. Plaintiff Vaught was born in 1953 and has at least twenty-nine (29) years of continuous service to Allstate. Vaught remains in the company’s service.
779. Plaintiff Louis Veal (“Veal”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Veal signed the Release and left the service of Allstate under the Forced Sale Option.
780. Plaintiff Veal was born in 1946 and had at least nineteen (19) years of continuous service to Allstate at the time he left the company’s service in 2000.
781. Plaintiff Dale A. Villemain (“Villemain”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Villemain signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
782. Plaintiff Villemain was born in 1955 and has at least thirty-four (34) years of continuous service to Allstate. Villemain remains in the company’s service.
783. Plaintiff Cleta M. Vining (“Vining”) was employed by Allstate for more than twenty (20) years under an R830 contract. Vining signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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784. Plaintiff Vining was born in 1957 and has at least thirty-four (34) years of continuous service to Allstate. Vining remains in the company’s service.
785. Plaintiff Joseph J. Viola Sr. (“Viola”) was employed by Allstate for more than thirty-one (31) years under an R830 contract. Viola signed the Release and left the service of Allstate under the Forced Sale Option.
786. Plaintiff Viola was born in 1926 and had at least thirty-one (31) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
787. Plaintiff Ronald A. Wanek (“Wanek”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. Wanek signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
788. Plaintiff Wanek was born in 1957 and had at least twenty-four (24) years of continuous service to Allstate at the time he retired from the company’s service in 2010.
789. Plaintiff Brian J. Wanless (“Wanless”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. Wanless signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
790. Plaintiff Wanless was born in 1950 and had at least twenty-two (22) years of continuous service to Allstate at the time he retired from the company’s service in 2001.
791. Plaintiff Arthur L. Washington (“Washington”) was employed by Allstate for more than twenty-six (26) years under an R830 contract. Washington signed the Release and left the service of Allstate under the Forced Sale Option.
792. Plaintiff Washington was born in 1945 and had at least twenty-six (26) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
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793. Plaintiff Timothy J. Watwood (“Watwood”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Watwood signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
794. Plaintiff Watwood was born in 1949 and had at least twenty-nine (29) years of continuous service to Allstate at the time he retired from the company’s service in 2012.
795. Plaintiff Mark E. Wegner (“Wegner”) was employed by Allstate for more than sixteen (16) years under an R1500 contract. Wegner signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
796. Plaintiff Wegner was born in 1951 and had at least twenty-two (22) years of continuous service to Allstate at the time he retired from the company’s service in 2006.
797. Plaintiff Findley L. West (“West”) was employed by Allstate for more than thirty-three (33) years under an R830 contract. West signed the Release and left the service of Allstate under the Forced Sale Option.
798. Plaintiff West was born in 1941 and had at least thirty-three (33) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
799. Plaintiff Neil W. Whicker (“Whicker”) was employed by Allstate for more than twenty-one (21) years under an R830 contract. Whicker signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
800. Plaintiff Whicker was born in 1947 and had at least thirty-five (35) years of continuous service to Allstate at the time he retired from the company’s service in 2013.
801. Plaintiff Charles L. Williams (“C. Williams”) was employed by Allstate for more than twenty-five (25) years under an R830 contract. C. Williams signed the Release and left the service of Allstate under the Forced Severance Option.
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802. Plaintiff C. Williams was born in 1938 and had at least twenty-five (25) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
803. Plaintiff Walker Williams (“W. Williams”) was employed by Allstate for more than eighteen (18) years under an R830 contract. W. Williams signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
804. Plaintiff W. Williams was born in 1943 and had at least twenty-seven (27) years of continuous service to Allstate at the time he retired from the company’s service in 2009.
805. Plaintiff Rodney Williams Sr. (“R. Williams”) was employed by Allstate for more than twenty-two (22) years under an R830 contract. R. Williams signed the Release and left the service of Allstate under the Forced Sale Option.
806. Plaintiff R. Williams was born in 1950 and had at least twenty-two (22) years of continuous service to Allstate at the time he left the company’s service in 2000.
807. Plaintiff Barry L. Wilson Sr. (“B. Wilson”) was employed by Allstate for more than fourteen (14) years under an R1500 contract. B. Wilson signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
808. Plaintiff B. Wilson was born in 1948 and had at least fifteen (15) years of continuous service to Allstate at the time he left the company’s service in 2001.
809. Plaintiff Robin Lee Wilson (“R.L. Wilson”) was employed by Allstate for more than seventeen (17) years under an R830 contract. R. L. Wilson signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
810. Plaintiff R. L. Wilson was born in 1956 and had at least twenty-five (25) years of continuous service to Allstate at the time she retired from the company’s service in 2008.
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811. Plaintiff Frances C. Wisniewski (“Wisniewski”) was employed by Allstate for more than seventeen (17) years under an R830 contract. Wisniewski signed the Release and left the service of Allstate under the Forced Sale Option.
812. Plaintiff Wisniewski was born in 1938 and had at least seventeen (17) years of continuous service to Allstate at the time she left the company’s service in 2000.
813. Plaintiff James M. Wood (“Wood”) was employed by Allstate for more than twenty-five (25) years under an R830 contract. Wood signed the Release and left the service of Allstate under the Forced Sale Option.
814. Plaintiff Wood was born in 1946 and had at least twenty-five (25) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
815. Plaintiff Kenneth Worthington (“Worthington”) was employed by Allstate for more than sixteen (16) years under an R830 contract. Worthington signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
816. Plaintiff Worthington was born in 1954 and had at least eighteen (18) years of continuous service to Allstate at the time he retired from the company’s service in 2002.
817. Plaintiff Linda Ann Woshner (“Woshner”) was employed by Allstate for more than thirteen (13) years under an R1500 contract. Woshner signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
818. Plaintiff Woshner was born in 1950 and had at least twenty-five (25) years of continuous service to Allstate at the time she retired from the company’s service in 2011.
819. Plaintiff Barbara D. Wright is suing in her capacity as personal representative for the Estate of deceased former Allstate agent Kevin A. Wright. Kevin A. Wright was employed
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by Allstate for more than fourteen (14) years under an R1500 contract. He signed the Release and left the service of Allstate under the Forced Sale Option.
820. Kevin A. Wright was born in 1955 and had at least fourteen (14) years of continuous service to Allstate at the time he left the company’s service in 2000.
821. Plaintiff Robert A. Wright Jr. (“R. Wright”) was employed by Allstate for more than ten (10) years under an R1500 contract. R. Wright signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
822. Plaintiff R. Wright was born in 1958 and had at least twelve (12) years of continuous service to Allstate at the time he left the company’s service in 2002.
823. Plaintiff Leonard M. Yarbrough (“Yarbrough”) was employed by Allstate for more than nineteen (19) years under an R830 contract. Yarbrough signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
824. Plaintiff Yarbrough was born in 1944 and had at least twenty-three (23) years of continuous service to Allstate at the time he retired from the company’s service in 2003.
825. Plaintiff Donald A. Young (“D. Young”) was employed by Allstate for more than twenty (20) years under an R830 contract. D. Young signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
826. Plaintiff D. Young was born in 1938 and had at least thirty-four (34) years of continuous service to Allstate at the time he retired from the company’s service in 2014.
827. Plaintiff James M. Zahner (“Zahner”) was employed by Allstate for more than twelve (12) years under an R1500 contract. Zahner signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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828. Plaintiff Zahner was born in 1950 and had at least fifteen (15) years of continuous service to Allstate at the time he left the company’s service in 2002.
829. Plaintiff Ronald D. Zarbaugh (“Zarbaugh”) was employed by Allstate for more than twenty (20) years under an R830 contract. Zarbaugh signed the Release and left the service of Allstate under the Forced Sale Option.
830. Plaintiff Zarbaugh was born in 1952 and had at least twenty (20) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
831. Plaintiff Rose Zumwinkle is suing in her capacity as personal representative for the Estate of her deceased husband and former Allstate agent William Zumwinkle. William Zumwinkle was employed by Allstate for more than twenty-eight (28) years under an R830 or R1500 contract. He signed the Release and left the service of Allstate under the Forced Sale Option.
832. William Zumwinkle was born in 1937 and had at least twenty-eight (28) years of continuous service to Allstate at the time he retired from the company’s service in 2000.
833. Plaintiff Manuel B. Zuniga Sr. (“Zuniga”) was employed by Allstate for more than eighteen (18) years under an R830 contract. Zuniga signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
834. Plaintiff Zuniga was born in 1941 and had approximately twenty (20) years of continuous service to Allstate at the time he retired from the company’s service in 2002.
835. Plaintiff Charles Dennis Zyburo (“Zyburo”) was employed by Allstate for more than eleven (11) years under an R1500 contract. Zyburo signed the Release and left the service of Allstate under the Forced Sale Option.
836. Plaintiff Zyburo was born in 1949 and had at least eleven (11) years of continuous service to Allstate at the time he left the company’s service in 2000.
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837. Plaintiff Michael W. Justinger (“Justinger”) was employed by Allstate for more than eleven (11) years under an R1500 contact. Justinger refused to sign the Release and was forced to leave the service of Allstate after his R1500 contract was terminated.7
838. Plaintiff Justinger was born in 1958 and had at least eleven (11) years of continous service with Allstate at the time he left the company’s sevice in 2000 as a result of the Program.
839. Plaintiff Wade Logan (“Logan”) was employed by Allstate for more than seventeen (17) years under an R830 contact. Logan refused to sign the Release and was forced to leave the service of Allstate after his R830 contract was terminated.
840. Plaintiff Logan was born in 1941 and had at least seventeen (17) years of continous service with Allstate at the time he left the company’s sevice in 2000 as a result of the Program.
841. Plaintiff Ian O’Connor (“O’Connor”) was employed by Allstate for more than twenty (20) years under an R830 contact. O’Connor refused to sign the Release and was forced to leave the service of Allstate after his R830 contract was terminated.
842. Plaintiff O’Connor was born in 1944 and had over twenty (20) years of continous service with Allstate at the time he left the company’s sevice in 2000 as a result of the Program.
843. Plaintiff Monty M. Webb (“Webb”) was employed by Allstate for more than twelve (12) years under an R1500 contact. Webb refused to sign the Release and was forced to leave the service of Allstate after his R830 contract was terminated.
844. Plaintiff Webb was born in 1950 and had at least twelve (12) years of continous service with Allstate at the time he left the company’s sevice in 2000 as a result of the Program.

7

Michael Justinger, Wade Logan, Ian O’Connor, Monty Webb, Robert Wilson, and Oscar Young (jointly

represented by the Romero counsel) have been putative class members in Romero I-II and part of the originally

proposed Romero I “Holdout” subclass of agents who refused to sign the Release.

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845. Plaintiff Robert J. Wilson (“R. J. Wilson”) was employed by Allstate for more than seventeen (17) years under an R830 contact. R. J. Wilson refused to sign the Release and was forced to leave the service of Allstate after his R830 contract was terminated.
846. Plaintiff R. J. Wilson was born in 1948 and had over seventeen (17) years of continous service with Allstate at the time he left the company’s sevice in 2000 as a result of the Program.
847. Plaintiff Oscar D. Young (“O. Young”) was employed by Allstate for more than twenty-two (22) years under an R830 contact. O. Young refused to sign the Release and was forced to leave the service of Allstate after his R830 contract was terminated.
848. Plaintiff O. Young was born in 1948 and had over twenty-two (22) years of continous service with Allstate at the time he left the company’s sevice as a result of the Program.
3. Individual Allegations As To Plaintiffs in McLaughlin (“McLaughlin Plaintiffs”)
849. Plaintiff William McLaughlin (“McLaughlin”), born in 1953, was employed by Allstate for more than eleven (11) years under an R1500 contract. McLaughlin signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
850. Plaintiff Leonard Lichty (“Lichty I”), born in 1940, was employed by Allstate for more than fourteen (14) years under an R1500 contract. Lichty I signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
851. Plaintiff Veronica Lichty (“Litchy II”), born in 1948, was employed by Allstate for more than eleven (11) years under an R1500 contract. Lichty II signed the Release and
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continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
852. Plaintiff William Cotton (“Cotton”), born in 1953, was employed by Allstate for more than eleven (11) years under an R1500 contract. Cotton signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
853. Plaintiff Mary DiGiulio (“DiGiulio”), born in 1952, was employed by Allstate for more than seventeen (17) years under an R1500 contract. DiGiulio signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
854. Plaintiff MaryAlice Doyle (“Doyle”), born in 1943, was employed by Allstate for more than seventeen (17) years under an R830 contract. Doyle signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
855. Plaintiff William Lee (“Lee”), born in 1953, was employed by Allstate for more than twenty-one (21) years under an R830 contract. Lee signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
856. Plaintiff Warren Miller (“Miller”), born in 1943, was employed by Allstate for more than forty (40) years under an R830 contract. Miller signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
857. Plaintiff Eugene Weller (“E. Weller”), born in 1952, was employed by Allstate for more than fifteen (15) years under an R830 contract. E. Weller signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
858. Plaintiff Bruce Denlinger (“Denlinger”), born in 1947, was employed by Allstate for more than twenty-three (23) years under an R830 contract. Denlinger signed the Release and
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continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
859. Plaintiff Gary Sigler (“Sigler”), born in 1936, was employed by Allstate for more than twelve (12) years under an R1500 contract. Sigler signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
860. Plaintiff William Quairoli (“Quairoli”), born in 1950, was employed by Allstate for more than twelve (12) years under an R1500 contract. Quairoli signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
861. Plaintiff Deborah L. Spedding (“Spedding”), born in 1950, was employed by Allstate for more than nineteen (19) years under an R830 contract. Spedding signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
862. Plaintiff Gail Wolfe (“Wolfe”), born in 1942, was employed by Allstate for more than sixteen (16) years under an R830 contract. Wolfe signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
863. Plaintiff Robert McCarrel (“McCarrel”), born in 1955, was employed by Allstate for more than fourteen (14) years under an R830 contract. McCarrel signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
864. Plaintiff Phillip Singer (“Singer”), born in 1938, was employed by Allstate for more than nineteen (19) years under an R830 contract. Singer signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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865. Plaintiff Kenneth Franck (“Franck”), born in 1950, was employed by Allstate for more than sixteen (16) years under an R830 contract. Franck signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
866. Plaintiff James Archer (“Archer”), born in 1948, was employed by Allstate for more than twenty (20) years under an R830 contract. Archer signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
867. Plaintiff Lawrence O’Hara (“O'Hara”), born in 1942, was employed by Allstate for more than twenty (20) years under an R1500 contract. O'Hara signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
868. Plaintiff Robert Weller (“R. Weller”) born in 1946 was employed by Allstate for more than fourteen (14) years under an R1500 contract. R. Weller signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
869. Plaintiff Athena Wagner (“Wagner”), born in 1947, was employed by Allstate for more than seventeen (17) years under an R830 contract. Archer signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
870. Plaintiff Paul Trimborn (“Trimborn”), born in 1945, was employed by Allstate for more than twenty-one (21) years under an R830 contract. Trimborn signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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871. Plaintiff Robert Rebb (“Rebb”), born in 1953, was employed by Allstate for more than fifteen (15) years under an R830 contract. Rebb signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
872. Plaintiff William Shover (“Shover”), born in 1949, was employed by Allstate for more than sixteen (16) years under an R830 contract. Shover signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
873. Plaintiff John Juckniewitz (“Juckniewitz”), born in 1944, was employed by Allstate for more than thirty-three (33) years under an R830 contract. Juckniewitz signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
874. Plaintiff Bradley Steckel (“Steckel”), born in 1949, was employed by Allstate for more than twenty-two (22) years under an R830 contract. Steckel signed the Release and left the service of Allstate under the Forced Sale Option.
875. Plaintiff Paul Long (“Long”), born in 1958, was employed by Allstate for more than thirteen (13) years under an R1500 contract. Long signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
876. Plaintiff Janet Haggerty (“Haggerty”), born in 1953, was employed by Allstate for more than twenty-two (22) years under an R830 contract. Haggerty signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
877. Plaintiff John Cherup (“Cherup”), born in 1939, was employed by Allstate for more than twenty-nine (29) years under an R830 contract. Cherup signed the Release and continued in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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878. Plaintiff Joseph Rosati (“Rosati”), born in 1943, was employed by Allstate for

more than twenty-three (23) years under an R1500 contract. Rosati signed the Release and

continued in the service of Allstate under the Forced Conversion Option subsequent to June 30,

2000.

3.

Individual Allegations As To Plaintiff in Harris (“Harris Plaintiff”)

879. Plaintiff Ann W. Harris (“Harris”), born in 1940, was employed by Allstate for

more than fourteen(14) years under an R1500 contract. Harris signed the Release and continued

in the service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.

4.

Allegations As To Plaintiffs in Tabor (“Tabor Plaintiffs”)

880. Plaintiff Rodney Tabor (“Tabor”), born in 1952, was employed by Allstate for

more than 27 years under an R830 contract. Tabor signed the Release and continued in the

service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.

881. Plaintiff Karen Emmert (“Emmert”), born in 1960, was employed by Allstate for

more than 13 years under an R1500 contract. Emmert signed the Release and continued in the

service of Allstate under the Forced Conversion Option subsequent to June 30, 2000.

882. Plaintiff Phillip Anderson (“Anderson”), born in 1961, was employed by Allstate

for more than 15 years under an R830 contract. Anderson signed the Release and left the service

of Allstate under the Forced Sale Option.

883. Plaintiff Judi Allen (“Allen”), born in 1962, was employed by Allstate for more

than 20 years under an R1500 contract. Allen signed the Release and left the service of Allstate

under the Forced Sale Option.

884. Plaintiff Freda Sanford (“Sanford”), born in 1955, was employed by Allstate for

more than 15 years under an R1500 contract. Sanford signed the Release and left the service of

Allstate under the Forced Sale Option.

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885. Plaintiff Gary Newsom (“Newsom”), born in 1953, was employed by Allstate for

more than 22 years under an R1500 contract. Newsom signed the Release and left the service of

Allstate under the Forced Sale Option.

886. Plaintiff Isabell Huie (“Huie”), born in 1954, was employed by Allstate for more

than 20 years under an R1500 contract. Huie signed the Release and left the service of Allstate

under the Forced Conversion Option.

887. Plaintiff Chris Rogers (“Rogers”), born in 1962, was employed by Allstate for

more than 24 years under an R1500 contract. Rogers signed the Release and left the service of

Allstate under the Forced Conversion Option.

888. Plaintiff John Simerly (“Simerly”), born in 1957, was employed by Allstate for

more than 15 years under an R830 contract. Simerly signed the Release and left the service of

Allstate under the Forced Sale Option.

889. Plaintiff Michael Simerly (“Simerly”), born in 1961, was employed by Allstate

for more than 15 years under an R1500 contract. Simerly signed the Release and left the service

of Allstate under the Forced Conversion Option.

5.

Individual Allegations As To Plaintiff in Seigfried (“Seigfried Plaintiff”)

890. Plaintiff Earl Siegfried (“Siegfried”), born in 1950, was employed by Allstate for

more than twenty-five (25) years under an R830 contract. Siegfried signed the Release and

continued in the service of Allstate under the Forced Conversion Option subsequent to June 30,

2000.

6.

Individual Allegations As To Plaintiffs in Anzivine (“Anzivine Plaintiffs”)

891. Plaintiff Lawrence Anzivine (“Anzivine”) was born on January 13, 1959. He was

employed by Allstate for more than eleven (11) years under an R1500 contract. Anzivine

signed the Release and continued to provide service to Allstate under the Forced Conversion

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Option subsequent to June 30, 2000. 892. Plaintiff James Bannon (“Bannon”) was born on September 24, 1953. He was
employed by Allstate for more than twelve (12) years under an R1500 contract. Bannon signed the Release and sold his book of business under the Forced Conversion Option subsequent to June 30, 2000.
893. Plaintiff Bruce Bond (“Bond”) was born on January 5, 1953. He was employed by Allstate for more than twenty-nine (29) years under an R830 contract. Bond signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
894. Plaintiff Charles Cady (“Cady”) was born on February 5, 1962. He was employed by Allstate for more than eleven (11) years under an R1500 contract. Cady signed the Release and sold his book of business under the Forced Conversion Option subsequent to June 30, 2000.
895. Plaintiff Christopher Challender (“Challender”) was born on February 8, 1956. He was was employed by Allstate for more than twelve (12) years under an R1500 contract. Challender signed the Release and sold his book of business under the Forced Conversion Option subsequent to June 30, 2000.
896. Plaintiff Benny Chunn (“Chunn”) was born on February 10, 1949. He was employed by Allstate for more than twenty-six (26) years under an R830 contract. Chunn signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
897. Plaintiff Nicholas Costanzo (“Costanzo”) was born on July 21, 1954. He was employed by Allstate for more than twelve (12) years under an R1500 contract. Costanzo signed the Release and left the service of Allstate under the Forced Sale Option.
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898. Plaintiff Joseph DiBlasi (“DiBlasi”) was born on January 27, 1949. He was employed by Allstate for more than nineteen (19) years under an R830 contract. DiBlasi signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
899. Plaintiff John Dineen (“Dineen”) was born on January 2, 1959. He was employed by Allstate for more than fifteen (15) years under an R1500 contract. Dineen signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
900. Plaintiff Joseph Eckert (“Eckert”) was born on April 7, 1954. He was employed by Allstate for more than nineteen (19) years under an R830 contract. Eckert signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
901. Plaintiff Cebie Edwards (“Edwards”) was born on March 25, 1945. He was employed by Allstate for more than twenty-three (23) years under an R830 contract. Edwards signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
902. Plaintiff William Farr (“Farr”) was born on May 8, 1960. He was employed by Allstate for more than ten (10) years under an R1500 contract. Farr signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
903. Plaintiff Gerald Flores (“Flores”) was born on April 15, 1943. He was employed by Allstate for more than twenty-nine (29) years under an R830 contract. Flores signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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904. Plaintiff Donald Franchino (“Franchino”) was born on November 16, 1952. He was employed by Allstate for more than twenty-two (22) years under an R830 contract. Franchino signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
905. Plaintiff Virginia Gange (“Gange”) was born on July 12, 1949. She was employed by Allstate for more than fifteen (15) years under an R1500 contract. Gange signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
906. Plaintiff Robert Gebler (“Gebler”) was born on October 19, 1957. He was employed by Allstate for more than fourteen (14) years under an R1500 contract. Gebler signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
907. Plaintiff Paul Gillihan (“Gillihan”) w a s b o r n o n D e c e m b e r 2 7 , 1 9 3 5 . H e was employed by Allstate for more than forty (40) years under an R830 contract. Gillihan signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
908. Plaintiff James Gregg (“Gregg”) was born on December 19, 1962. He was employed by Allstate for more than eleven (11) years under an Rl500 contract. Gregg signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
909. Plaintiff Leonard Gregoline (“Gregoline”) was born on August 22, 1950. He was employed by Allstate for more than twenty-six (26) years under an R830 contract. Gregoline signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000. CONSOLIDATED AMENDED COMPLAINT - 154 -

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910. Plaintiff David Grossnicklaus (“Grossnicklaus”) was born on April 16, 1958. He was employed by Allstate for more than twelve (12) years under an R1500 contract. Grossnicklaus signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
911. Plaintiff Larry Hall (“Hall”) was born on July 19, 1946. He was employed by Allstate for more than twenty-three (23) years under an R830 contract. Hall signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
912. Plaintiff Raymond Hattaway (“Hattaway”) was born on December 12, 1953. He was employed by Allstate for more than seventeen (17) years under an R830 contract. Hattaway signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
913. Plaintiff Tom Hawkins (“Hawkins”) was born on March 23, 1951. He was employed by Allstate for more than twenty-two (22) years under an R830 contract. Hawkins signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
914. Plaintiff John Hogan (“J. Hogan”) was born on March 1, 1954. He was employed by Allstate for more than fourteen (14) years under an R1 500 contract. J. Hogan signed the Release and left the service of Allstate under the Forced Sale Option.
915. Plaintiff William Hogan (“W. Hogan”) was born on July 27, 1955. He was employed by Allstate for more than twenty-two (22) years under an R1 500 contract. W . Hogan signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
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916. Plaintiff Dennis Karlan (“Karlan”) was born on April 16, 1957. He was employed by Allstate for more than fourteen (14) years under an R1500 contract. Karlan signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
917. Plaintiff Donald Mattingly (“Mattingly”) was born on April 4, 1947. He was employed by Allstate for more than twenty-eight (28) years under an R830 contract. Mattingly signed the Release and left the service of Allstate under the Forced Sale Option.
918. Plaintiff Donald McCrary (“McCrary”) was born on November 19, 1945. He was employed by Allstate for more than twenty-six (26) years under an R830 contract. McCrary signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
919. Plaintiff James Morgan was born on May 3, 1943. He was employed by Allstate for more than nineteen (19) years under an R830 contract. James Morgan signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
920. Plaintiff Joyce Morgan was born on September 22, 1955. She was employed by Allstate for more than twenty-one (21) years under an R830 contract. Joyce Morgan signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
921. Plaintiff William Murtha (“Murtha”) was born on April 17, 1944. He was employed by Allstate for more than thirteen (13) years under an R1500 contract. Murtha signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
922. Plaintiff Brian Purtle (“Purtle”) was born on April 9, 1964. He was employed by CONSOLIDATED AMENDED COMPLAINT - 156 -

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Allstate for more than twelve (12) years under an R1500 contract. Purtle signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
923. Plaintiff Charles Randazzo (“Randazzo”) was born on December 31, 1947. He was employed by Allstate for more than fourteen (14) years under an R1500 contract. Randazzo signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
924. Plaintiff Edward Resner (“Resner”) was born on March 8, 1950. He was employed by Allstate for more than fourteen (14) years under an R1500 contract. Resner signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
925. Plaintiff Donald Riggins (“Riggins”) was born on October 29, 1951. He was employed by Allstate for more than seventeen (17) years under an R830 contract. Riggins signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
926. Plaintiff James Shumaker (“Shumaker”) was born on December 20, 1947. He was employed by Allstate for more than eleven (11) years under an R1500 contract. Shumaker signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
927. Plaintiff Thomas Schneider (“Schneider”) was born on December 7, 1951. He as employed by Allstate for more than twenty-six (26) years under an R830 contract. Schneider signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
928. Plaintiff Lynn Soward (“Soward”) was born on June 22, 1955. She was
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employed by Allstate for more than ten (10) years under an R1500 contract. Soward signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
929. Plaintiff Arthur Spears III (“Spears”) was born on February 15, 1944. He was employed by Allstate for more than eighteen (18) years under an R830 contract. Spears signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
930. Plaintiff Nicholas Stavola (“Stavola”) was born on October 13, 1951. He was employed by Allstate for more than thirteen (13) years under an R1500 contract. Stavola signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
931. Plaintiff Brien Sullivan (“B. Sullivan”) was born on January 24, 1958. He was employed by Allstate for more than twelve (12) years under an R1500 contract. B. Sullivan signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
932. Plaintiff Christopher Sullivan (“C. Sullivan”) was born on July 31, 1961. He was employed by Allstate for more than fifteen (15) years under an R1500 contract. C. Sullivan signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
933. Plaintiff Robert Sutter (“Sutter”) was born on September 8, 1946. He was employed by Allstate for more than twenty-six (26) years under an R830 contract. Sutter signed the Release and left the service of Allstate under the Forced Sale Option.
934. Plaintiff William Tarrier (“Tarrier”) was born on August 17, 1948. He was employed by Allstate for more than twenty-eight (28) years under an R830 contract. T a r r i e r
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signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
935. Plaintiff Michael Valente (“Valente”) was born on January 6, 1961. He was employed by Allstate for more than fourteen (14) years under an R1500 contract. V a l e n t e signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
936. Plaintiff Ruby Watkins (“Watkins”) was born on July 15, 1943. She was employed by Allstate for more than nineteen (19) years under an R830 contract. Watkins signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
937. Plaintiff Gary Weaver (“Weaver”) was born on September 12, 1946. He was employed by Allstate for more than eighteen (18) years under an R830 contract. Weaver signed the Release and continued to provide service to Allstate under the Forced Conversion Option subsequent to June 30, 2000.
938. Plaintiff Carmon David Green (“Green”) was born on March 17, 1961. He was employed by Allstate for more than fourteen (14) years under an R1500 contract. Green did not sign the Release and his employment with Allstate ended on June 30, 2000.8
939. Plaintiff Kenneth Lee Kohler (“Kohler”) was born on February 5, 1958. He was employed by Allstate for more than fifteen (15) years under an R1500 contract. Kohler did not sign the Release and his employment with Allstate ended on June 30, 2000. B. DEFENDANTS

8

Carmon David Green and Kenneth Lee Kohler (jointly represented by the Anzivine counsel) have been

putative class members in Romero I-II and part of the originally proposed Romero I “Holdout” subclass of agents

who refused to sign the Release.

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940. Defendant Edward M. Liddy (“Liddy”) is being sued solely under ERISA in his capacity as the former President, Chief Executive Officer and Chairman of Allstate (and one or more of its subsidiaries and affiliates). Liddy served as Allstate’s Chief Operating Officer from August 1994 to January 1999; Chief Executive Officer from January 1999 to May 2005; and as Chairman of the Board of Directors from January 1999 to April 2008. Defendant Liddy is a “person” within the meaning of ERISA, including 29 U.S.C. § 1140.
941. Defendant the Allstate Corporation is a publicly-traded Delaware corporation, having its principal place of business in Northbrook, Illinois. The Allstate Corporation conducts business throughout the United States and abroad through its various subsidiaries and affiliates. The Allstate Corporation is a “person” within the meaning of ERISA, including 29 U.S.C. § 1140.
942. Defendant Allstate Insurance Company is an Illinois corporation, having its principal place of business in Northbrook, Illinois. Allstate Insurance Company conducts business throughout the United States, whether through an affiliate or subsidiary or otherwise. Allstate Insurance Company is a wholly-owned subsidiary of The Allstate Corporation. Defendant Allstate Insurance Company is a “person” within the meaning of ERISA, including 29 U.S.C. § 1140. Allstate is the sole defendant that asserted counterclaims against the Romero III Plaintiffs.
943. At all times relevant hereto, Allstate Insurance Company and The Allstate Corporation were each an “employer” within the meaning of the ADEA and ERISA because they were engaged in an industry affecting commerce that had twenty (20) or more employees. Allstate Insurance Company and The Allstate Corporation constituted a “single employer” of the Plaintiffs. Among other things, the operations of Allstate Insurance Company and The Allstate Corporation are interrelated and they share common directors, officers and personnel. The
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Allstate Corporation was directly and integrally involved in, and exercised de facto control over, among other things, financing decisions, funding and personnel, including in the decisions at issue in this case. Allstate Insurance Company is identified as the sponsor of the Agents Pension Plan (the “Pension Plan”), the Allstate Severance Pay Plan (the “Severance Pay Plan”) and the Agent Transition Severance Plan. The Allstate Corporation is identified as the sponsor of The Savings and Profit Sharing Fund of Allstate Employees (the “Profit Sharing Plan”). Additionally, The Allstate Corporation made sure employees of its subsidiaries and affiliates, including Allstate Insurance Company (collectively, the “Allstate Controlled Group”), were eligible to participate in the Pension Plan, the Profit Sharing Plan and some or all of the other Plans.
944. Defendant Agents Pension Plan (“Pension Plan”), which is being sued solely under ERISA, is an “employee benefit plan” and a “defined benefit plan” within the meaning of ERISA, sponsored, established or maintained by Allstate Insurance Company and/or The Allstate Corporation pursuant to a written instrument. The Pension Plan which, prior to 1978, was known as the Agents Supplementary Pension Plan of Allstate Insurance Company, is a “qualified” plan under section 401(a) of the Internal Revenue Code that is covered under Title I of ERISA.
945. Defendant Administrative Committee of the Agents Pension Plan (“Administrator”), which is being sued solely under ERISA in its capacity as the Administrator of the Pension Plan, exercises discretionary authority or control over the management of the Pension Plan and has discretionary authority or responsibility in the administration of the Pension Plan. The Administrator is also a named administrator and fiduciary of the Pension Plan for administrative purposes under ERISA Section 402(a)(2). The Pension Plan’s governing
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documents provide that the Administrator shall administer the Pension Plan and shall have the power to construe and interpret the Plan's terms.
FACTUAL ALLEGATIONS A. ALLSTATE USED THE PROMISE OF LIFETIME FINANCIAL
SECURITY TO INDUCE ITS WORKFORCE OF “CAPTIVE” EMPLOYEE AGENTS TO DEDICATE THEIR CAREERS AND FINANCIAL RESOURCES TO ITS CONTINUING PROFITABILITY 946. From 1967 until October 1984, all or virtually all of Allstate’s insurance agents were employed under the R830 contract. This contract expressly created an “employeremployee” relationship between Allstate and the insurance sales agents hired under it and made those employee agents “captive agents” of Allstate: they were required to devote their entire business time to the sale of Allstate’s insurance and financial products and prohibited from selling insurance and financial products on behalf of competing companies. These agents were compensated principally through commissions both on any new business they generated and on the renewal of existing business, including a commission-based “production allowance” for vacation, personal holidays, family and other illness, attending company meetings and other time away from their agencies. Additionally, Allstate provided these employee agents with a furnished office or other sales location from which they could solicit and service their “books of business” and covered standard expenses for the agent to conduct his or her business on behalf of the company. 947. In recognition of the substantial amount of time and resources required for agents to build up a profitable “book of business,” the R830 contract created an express and implied relationship of indefinite duration in which agents were afforded both substantive and procedural protections to ensure that they could be terminated only for “good cause” and in limited circumstances. Accordingly, the R830 contract specified that Allstate could not terminate the R830 contract unless it complied with a specified, elaborate review and approval procedure. The
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agent also was to be given notice that his or her “job is in jeopardy” and a “reasonable opportunity to bring . . . performance up to satisfactory standards” prior to any termination for unsatisfactory work.
948. Additionally, after successful completion of an initial 36-month life insurance “validation” period, the R830 contract gave the agent “the right to a review” by an Agent Review Board in the event of any termination (including for a criminal act or an act of dishonesty).
949. Apart from the protections afforded to agents from termination, the R830 contract also protected agents from having their commissions reduced or from otherwise being burdened with more onerous terms and conditions of employment by providing its terms could not be modified without the agent’s written consent.
950. Though the commission rates fixed by the R830 contract generally were lower than those paid by Allstate’s competitors, Allstate enticed prospective agents into committing their futures to the company by promising them a “guaranteed income” and long-term “financial security,” including through a “superior” package of employee benefits that Allstate touted as the best in the industry. These benefits included, among others, retirement benefits (at no cost to the agent) through the Pension Plan, the deferral of income and company contributions through the Profit Sharing Plan, and such things as comprehensive medical insurance, dental insurance, longterm disability insurance, and life insurance under other of the Plans.
951. Participation in the Pension Plan was mandatory and automatic on the part of all full-time employee agents. Thus, upon vesting, any employee agent who retired from the service of Allstate on or after age 63 was entitled to receive a “normal” retirement benefit based on the annual eligible compensation earned by the agent. An agent who separated from service with at least twenty (20) years of “Credited Service” was entitled to commence retirement benefits as
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early as age 55. The Pension Plan expressly provided that “[a]ll service” with Allstate “shall count as Credited Service.”
952. One of the most attractive features of the Pension Plan, however, was the “early retirement” benefit and subsidy available to agents who retire in accordance with Allstate’s early retirement policy9 before age 63 with at least twenty (20) years of “continuous service” with the company. In addition to being able to commence retirement benefits as early as age 55, these agents were entitled to a financial incentive in the form of a “beefed-up” early retirement benefit. By virtue of a “special increase in compensation,” the early retirement benefit was increased by including the amount of compensation that the agent would have earned (based on the amount earned in the calendar year preceding retirement) if he or she had worked until age 63. Thus, for instance, if an agent with twenty (20) years of continuous service retired at age 55, he or she would be eligible for a “beefed-up” early retirement benefit which assumed that he or she continued to work for the next eight years – even though the agent had, in fact, retired and thus would have no earnings from Allstate during those future years.
953. By 1984, Allstate was a very profitable insurance company, selling products almost exclusively through its sales force of about 13,000 “captive” employee agents who worked out of booths located in “Sears” retail stores or, in some cases, neighborhood sales offices owned or leased by the company. Allstate’s management nonetheless had concluded that it could increase its profits by cutting the net expense of the “unmatched” compensation package provided to employee agents. As a result, Allstate instituted the Neighborhood Office Agent (“NOA”) “cost sharing” program under which employee agents were required to lease or buy offices in their own names from which they could continue to solicit new customers and service

9

Allstate’s one-sentence “voluntary early retirement policy” provided as follows: “An employee who has 20

or more years of continuous service may request early retirement at any time after reaching age 55.”

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their prospering “books of business.” While Allstate publicly asserted the NOA program would provide its employee agents with greater “entrepreneurial freedom,” and promised that employee agents would have “job security” and a “proprietary interest” in their agencies, the NOA program sought to shift costs from Allstate to its employee agents.
954. When the NOA “cost sharing” program was implemented, Allstate also implemented the R1500 contract – a form of employment contract which substantially all new employee agents hired subsequent to October 1, 1984, were required to enter into – as well as the standardized R1660 Amendment to the R830 contract (the “NOA amendment”), which Allstate encouraged its existing employee agents to sign to become NOAs. All employee agents who joined Allstate pursuant to the R1500 contract ultimately became NOA agents.
955. In many respects, the R1500 contract was similar to the discontinued R830 contract. Like the R830 contract, the R1500 contract created an “employer-employee” relationship of indefinite duration between Allstate and its agents, provided that those agents were to be compensated on a commission basis, and prohibited them from selling insurance and financial products on behalf of any competing company. Furthermore, as acknowledged “employees” of Allstate, agents hired under the R1500 contract – like their R830 counterparts – were entitled to participate in all of the Plans and receive other benefits as Allstate employees. Yet, while it preserved the essential structure of the “employer-employee” relationship between Allstate and its insurance sales agents, the R1500 contract differed from the R830 contract in at least two ways.
956. First, the R1500 contract employee agents (as well as those R830 agents who signed the NOA amendment), were obligated to bear the entire expense of operating their own sales offices – generally running into tens of thousands of dollars each year for rent, support staff, marketing, advertising and utilities – whereas prior to October 1984, and under the original
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R830 contract, Allstate generally had borne such expenses. Allstate nonetheless provided an “Office Expense Allowance” or “OEA” to agents under the NOA Program through which the company reimbursed a portion of the out-of-pocket expenditures for which agents were responsible under the NOA program. That allowance was paid in the form of an enhanced commission tied to new and renewal business production during the prior year, but was intentionally designed to only partially offset the substantial expenses associated with running an Allstate agency.
957. Second, even though Allstate proclaimed that the R1500 contract (but not the NOA amendment) was designed to “attract and keep aggressive, new business oriented agents,” the new contract purported to reserve for Allstate the unfettered “right to increase or decrease compensation amounts,” including the amount of OEA generated by sale commissions; to “change the compensation rules at any time”; to change the “nonexclusive” sales location assigned to an NOA agent at any time (notwithstanding the fact agents were required to live within “reasonable proximity” to their sales location); and to unilaterally alter other terms and conditions.
958. The R1500 contract expressly incorporated the provisions of the Agents Employment Procedure Manual (the “Employment Manual”) and provided that it was further “governed by the rules, regulations and procedures” set forth in the Employment Manual and elsewhere. Indeed, while the R1500 contract language purported to permit termination “at will”, it expressly required compliance with “Company rules and procedures.” Among the rules contained in the Employment Manual was a requirement that employee agents be given a “complete explanation of the reason for termination” and notification of the right to appeal such termination pursuant to a two-step appeal process. Accordingly, under the express and implied terms of the incorporated Employment Manual, agents could be terminated only on a case-by-
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case basis and when warranted by individual circumstances. Moreover, according to Allstate’s Management Information Guide, R1500 agents were subject to the same “corrective procedures as the R830 agent,” including the ability “to request an agent review board in the event of termination . . . .” This is consistent with Allstate’s acknowledged policy that it would terminate an employee agent only for “good cause” such as serious acts of dishonesty and, in all other cases, apply “progressive discipline” by giving agents notice and opportunity to correct any performance issues.
959. With the launching of the NOA “cost sharing” program in 1984 and during the years that followed, Allstate publicly assured employee agents working under the R830 contract that they would not be required to participate in the new program. Eventually, however, Allstate began to engage in a sustained effort to motivate R830 agents to convert to the NOA program. Among other things, Allstate began to evaluate its managers on their ability to get employee agents to convert to the NOA program and, in the case of managers who were viewed as being “soft on agents,” threatened them with termination unless they successfully persuaded agents to convert to the NOA program.
960. When it became clear that Allstate would not be able to lure its remaining R830 agents to convert to the NOA program with false promises of future riches and “entrepreneurial freedom,” Allstate resorted to more insidious measures such as scare tactics, threats, intimidation and belittlement. To this end, employees agents were told that they “would not be around long” if they did not agree to convert to the NOA program. In the words of Allstate management, the company was moving in a new direction and agents “could either jump on the bandwagon or fall by the wayside.” By 1990, many former R830 agents had either left the company or opted to try their fates in the NOA program. B. ALLSTATE SOUGHT TO AVOID THE BURDEN OF ITS PROMISE TO
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PUSHING AGENTS TO VOLUNTARILY CONVERT TO SO-CALLED “EXCLUSIVE AGENT INDEPENDENT CONTRACTOR” 961. While the NOA program initially accomplished Allstate’s objective of shifting most of the costs associated with the operation of neighborhood sales offices to its employee agents, Allstate still was bearing a substantial amount of costs itself. Critically, the NOA program had little impact on what had become one of the largest line-item expenses on Allstate’s balance sheet: the expense of Allstate’s “superior” package of employee benefits, which accounted for as much as 25 percent or more of a typical agent’s compensation package. 962. In a further effort to phase out these expenses and, thereby, improve its “bottomline,” Allstate introduced a new program which it called the Neighborhood Exclusive Agency (“Exclusive Agent”) program in October 1990. Under this Exclusive Agent program, Allstate hired new “Exclusive Agents” as employees for an initial eighteen-month training period, whereupon these newly-minted agents entered into a standardized R3001 Neighborhood Exclusive Agency Agreement (“R3001 contract”), which characterized them as “independent contractors.” The term “exclusive” is synonymous with “captive” in that the R3001 contract bars Exclusive Agents from soliciting, selling or servicing insurance of any kind for any other company, agent or broker, or referring a prospect to another company, agent or broker, without the prior written approval of Allstate. 963. In addition, Allstate announced that all of its 16,000 or so existing employee agents could participate in the Exclusive Agent program by “converting” to the new R3001 contract and becoming so-called “independent contractors.” Allstate then actively encouraged them to do so by hyping the supposed advantages of that program. At no point before the Program were employee agents who converted to “Exclusive Agent” status required to release claims against Allstate in order to do so.
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964. While Allstate touted the R3001 contract, like the R1500 contract before it, as affording agents yet more “entrepreneurial freedom,” as well as the capacity for unlimited earning potential, in truth its only advantage from the agents’ perspective was a modest increase in commission rates for newly-written policies on certain lines of insurance. These higher rates, however, were more than offset by the elimination of the “superior” benefits package to which agents were entitled as employees. Moreover, Exclusive Agents operating under the R3001 contract did not receive commission compensation in the form of a “production allowance” nor OEA to reimburse them for any of their out-of-pocket business expenses. Thus, the net effect of the R3001 contract was to dramatically reduce the overall compensation Allstate paid to its agents.
965. Not only were higher commission rates provided to Exclusive Agents under the R3001 contract far too small to offset the loss of agents’ employee benefits, OEA and production allowance, but those commission rates were not guaranteed, as had been the case under the R830 contract. Further, under the R3001 contract, Allstate retained for itself the absolute discretion to add, eliminate or alter its terms, or to terminate the agreement “at will” – that is, at any time and for any reason, or for no reason at all – upon giving at least ninety (90) days notice. In addition, the R3001 contract did not contain any of the procedural safeguards afforded to employee agents under the R830 and R1500 contracts in the event Allstate decided to terminate the Exclusive Agent.
966. In November 1991 – approximately a year after Allstate introduced the Exclusive Agent program – it sought to amend the Pension Plan by, among other things, changing the definition of the term “Agent,” which prior to that time had been defined as “any employee who either is classified as an Agent under the Company’s personnel policy or whose principal compensation is paid in the form of commissions pursuant to an agreement with Allstate.” As a
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result of the November 1991 amendments, Allstate deleted the reference to those “whose

principal compensation is paid in form of commissions pursuant to an agreement with his

Employer,” and limited the term “Agent” only to an “employee who is classified as an Agent

under the Company’s human resources policy.” In denominating agents working under the

R3001 contract as “independent contractors” and in drastically narrowing the number of

“Agents” who would be covered by the Pension Plan, Allstate sought to minimize its obligation

to make further contributions to the Plan.

967. At the same time that it was using the Exclusive Agent program as a means to

reduce expenses associated with its employee agents’ benefits, Allstate also cut back those

benefits by phasing out the “beef-up” benefit under the Pension Plan. Allstate purported to

amend the Pension Plan in November 1991 by, among other things, adding a “sunset” provision

reducing “beefed-up” benefits for participants who satisfied the eligibility requirements for early

retirement after 1991, and eliminating it entirely for those who satisfied the requirements on or

after 1999. Specifically, the Pension Plan purportedly was amended so that the early retirement

benefit of an agent entitled to the “beef-up” was calculated as if the agent continued in

employment only until the earliest of age 63 or December 31, 1999 (the “Beef-Up

Amendment”). The following chart illustrates the manner in which the “beef-up” was to be

phased out:

Year of Retirement (assuming retirement at year end)
1991 1992 1993 1994 1995 1996 1997 1998 1999 and later

Maximum Number Years of “Beef Up”
Up to 8 years Up to 7 years Up to 6 years Up to 5 years Up to 4 years Up to 3 years Up to 2 years 1 year None

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968.

Thus, for instance, as a result of the Beef-Up Amendment –

 an eligible “Agent” who retired from the company’s service at age 55 in 1996

with 20 or more years of continuous service would be credited with only three

(3)--instead of eight (8)—years of “beef up”;

 an eligible “Agent” who retired from the company’s service at age 55 just two years later in 1998 with 20 or more years of continuous service would be credited

with only one year—instead of eight (8) years--of “beef up”; and

 any eligible “Agent” who retired from the company’s service at age 55 after

December 31, 1999, with 20 or more years of continuous service would not be

eligible for any “beef up”.

969. The form of notice Allstate provided to participants about the November 1991

amendments to the Pension Plan falsely stated that they were authorized by federal law. In fact,

although the Tax Reform Act of 1986 (and the regulations promulgated thereunder) permitted

Allstate to adopt certain amendments to the Pension Plan, it did not authorize the company to

phase-out and eliminate the “beef-up” for eligible “Agents” electing to take early retirement on

or after January 1, 1992.

970. Recognizing that a so-called Exclusive Agent independent contractor provides

services to Allstate, since the time Allstate introduced the Exclusive Agent program and began

encouraging employee agents to convert, the Administrator treated employee agents’ conversion

to Exclusive Agent as not resulting in the agent “retiring” from the company’s service for

Pension Plan purposes. In particular, the Administrator interpreted the otherwise undefined

terms “retire” and “retirement” in the Pension Plan as requiring both a termination of

employment and a separation from service. The Administrator formally adopted an

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administrative rule to this effect in 1992 (“1992 Administrative Rule”). Consistent with that interpretation, under the terms of the Pension Plan, a participant who converted to Exclusive Agent continued earning “service” credit because he was not deemed to be “retiring” from the service of Allstate at the time of conversion.
971. In a subsequent Pension Plan amendment, however, Allstate sought to replace references to an agent’s “service” with references to the agent’s “employ” or “employment.” Among other things, Allstate purported to alter the Pension Plan’s definition of the term “Credited Service”—which had included all of an “Agent’s service” to Allstate—to provide that only “an Agent’s employment . . . as an employee shall count as Credited Service” (the “Service Amendment”). (Emphasis added).
972. In or around December 1994 – that is, three years after Allstate first attempted to adopt the November 1991 amendments – the company attempted once again to amend the Pension Plan, including the provisions pertaining to early retirement (the “December 1994 Amendments”). In so doing, the Pension Committee not only “readopted” the November 1991 amendments wholesale, but it also purported to do so retroactively to January 1, 1989, adding several new amendments that were intended to make it even more difficult for participants to earn additional retirement benefits, including attaining eligibility for early retirement.
973. One of these amendments took the form of a new “Appendix A” stating that under Allstate’s so-called “early retirement policy,” any “request of an employee for Voluntary Early Retirement will be denied if,” upon termination of the agent’s employment contract, he or she enters into an agreement to perform duties or services that are “substantially similar” to those performed as an employee.
974. The manifest purpose of these various amendments was to retroactively deny credit to employee agents who had converted to the R3001 contract for the service they had
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provided to the company under that contract and thereby prevent these agents from earning additional retirement benefits, including attaining eligibility for early retirement benefits. As set forth above, prior to adopting these series of amendments, Allstate was obligated to count “all service” with the company – whether as an employee agent under an R830 or R1500 contract or as an “Exclusive Agent” under an R3001 contract – as credited service for purposes of accruing retirement benefits and attaining eligibility for early retirement.
975. Prior to the December 1994 amendments, in a case brought by a former employee agent alleging, among other things, that Allstate had wrongfully denied “beefed-up” early retirement benefits by not treating their conversion to Exclusive Agent status under the R3001 contract as a retirement from Allstate, Allstate and the Administrator took the position— consistent with the 1992 Administrative Rule—that the agent had remained “in the service” of Allstate as an Exclusive Agent and, hence, conversion to the R3001 contract did not constitute a “retirement” within the meaning of the Pension Plan. As the United States District Court for the Middle District of Florida explained in upholding this interpretation:
Allstate consistently has defined “retirement” for purposes of applying the Company’s voluntary Early Retirement Policy to mean not only that the agent ceases to be an employee, but that he or she also ceases providing any kind of compensated service to Allstate. It was this interpretation that led Allstate . . . to take the position that [“employee agents”] who elected to become [exclusive agents] had not “retired” and were not eligible for early retirement benefits under the Plan, i.e., that they were still “in the service” of Allstate. Scott v. Administrative Committee of the Allstate Agents Pension Plan, 1995 U.S. Dist. LEXIS 20564 at *27 (M.D. Fla. Sept. 15, 1995) (emphasis added), rev’d on other grounds, 113 F.3d 1193 (11th Cir. 1997). 976. The Administrator’s interpretation and district court’s decision in Scott are consistent with an Allstate publication entitled “Benefits Bottom Line,” wherein the company announced – under the caption “Exclusive Agents: Defining Retirement” – its justification for
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refusing to pay early retirement benefits to employee agents upon conversion to Exclusive Agent status under the R3001 contract:
Conversion to Exclusive Agent status does not result in an Agent leaving the service of Allstate. On the contrary, the Agent is continuing to provide the same service to Allstate, and receiving income from the sale of Allstate Products. An Agent’s career with Allstate has not terminated merely by converting to the new program, although the legal relationship between the parties has changed. Similarly, in a 1990 letter, Donald E. Viken, acting as the Administrator of the Pension Plan, advised an employee agent as follows: Plan benefit payments are not available until an agent’s active working career and income from selling Allstate products has ceased, and thus is no longer in the service of Allstate. . . . An agent’s active Allstate working career is not terminated by NEA status; it continues, although the legal relationship changes. 977. Logically, if employee agents who converted to so-called “independent contractor” status under the Exclusive Agent program remained “in the service” of Allstate and if, as the Pension Plan required, all “service” was to be counted, those agents could continue to accumulate service toward eligibility for early retirement benefits after the time of conversion. Accordingly, Allstate understood that it would not be able to achieve the cost savings that it had envisioned unless it further amended the Pension Plan for the purpose of ensuring no agent working under the R3001 contract would be eligible for additional retirement benefits, including early retirement. 978. Apparently recognizing that agents who converted to the R3001 contract were still common law employees and not true independent contractors, Allstate amended the Pension Plan yet again in an effort to deny eligibility for benefits under that plan. In particular, Allstate added a new provision to the Pension Plan in 1996 (the “Employee Definition Amendment”) that made “Employee” a defined term and excluded from that term any person who provides services to Allstate under an R3001 contract.
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979. While Allstate and the Administrator have failed to treat agents who have converted to the R3001 contract as being “in the service” of the company under the Pension Plan at all times since at least December 1994, those amendments initially affected only the small number of employee agents who had “converted” to the Exclusive Agent program.
980. Throughout the 1990’s, Allstate used various tactics in an attempt to convince employee agents (other than so-called “General Agents” who were generally not permitted to convert to the Exclusive Agent program or share an office location with an NOA agent or Exclusive Agent) to sign the R3001 contract, thereby saving Allstate the expense of continuing to provide the employee benefit package to such agents. Despite Allstate’s repeated efforts to persuade employee agents to terminate their employment contracts and enter into the R3001 contract, however, only about 150 out of its 15,000 employee agents did so during the first three years that the Exclusive Agent program was in effect – that is, between 1990 and 1993. Given the value of their benefits package and the long-term income and job security they were entitled to under their employee contracts, employee agents’ reluctance to convert to the R3001 contract was predictable.
981. In January 1996, in connection with the settlement of a class action by former NOA agents in California (which asserted that Allstate’s failure to reimburse NOAs for all of their actual business expenses violated the California Labor Code), Allstate announced that it would cease operating an employee agent distribution system in California because of the risk of future liability for unreimbursed (i.e., beyond OEA) business expenses incurred by California employee agents. Approximately 1,600 California employee agents were therefore required to choose between continuing in the company’s service by converting to the R3001 contract (which did not require the release of any claims against Allstate) or severing their relationship with the
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company entirely. A large number of these agents entered into the R3001 contract to continue in the service of the company and to pursue their careers and livelihoods as insurance agents.
982. During the California conversion, Allstate repeatedly reassured employee agents operating outside of California that they would not be similarly forced to convert. For instance, in its January/February issue of Contact—an Allstate magazine the company distributed to agents nationwide—Vice President of Sales, Chuck Martin, responded to questions about whether Allstate would try to force employee agents in other states to convert to Exclusive Agents by stating: “No. Absolutely not. . . . I know, in particular, that one California agent is trying to drum up fear in any state—‘you’re next’ kind of thing. But that is just simply not true. So no, agents in other states should not be distracted by this. . . .”
983. The following year, in 1997, Allstate considered whether it could force a nationwide conversion of employee agents based on a recommendation made by the Internal Revenue Service (“IRS”) during amicable negotiations over the classification of NOA agents after certain NOAs had successfully established in court that they were independent contractors for federal tax purposes. Allstate concluded, however, that it could and would not unilaterally terminate employee agents’ contracts to convert them to “independent contractors” for legal and fairness reasons. In particular, Allstate informed the IRS as follows:
[C]onverting all NOAs to independent contractors would result in a quagmire of litigation and severely disrupt the business activities of Allstate's agents. Such a change would require amending or terminating the NOAs' compensation agreements [i.e., R830/R1500 contract] to reflect independent contractor status. A unilateral change to the compensation/expense reimbursement structure for this agent group would undoubtedly lead to litigation and significantly damage[ ] Allstate's relationship with the agents. . . . ... The NOAs are long-service employees. They have expected to be compensated as employees and receive the fringe benefits that Allstate has traditionally provided. Not only would individuals lose future benefit plan accruals and contributions if they were all converted to independent contractors, many of these individuals
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have spent all of their careers with Allstate and have hoped to retire with retiree life and medical benefits. Ceasing the NOAs' employee service at this juncture in their careers would have severe economic consequences to them. Romero v. Allstate Ins. Co., 1 F. Supp. 3d 319, 338 (E.D. Pa. 2014) (quoting Allstate June 23, 1997 submission to IRS). 984. Despite its assurances to employee agents outside of California and its representations to the IRS, in 1997-1998, as part of its “Sales Organization of the Future” initiative (“SOOF”)—overseen by a high level steering committee that included senior officers such as defendant Edward M. Liddy (then Chief Operating Office) and Robert (Bob) Gary (then President of Allstate Personal Property and Casualty)—Allstate continued evaluating whether agents should be employees or only so-called Exclusive Agent independent contractors. Allstate recognized that “reticent” employee agents could not be forced to convert, but it also knew that its employee agent workforce was growing increasingly older, much older than Allstate’s general employee population. Allstate ultimately settled on gradually transitioning all agents into the Exclusive Agent program by aggressively incenting employee agents to convert “voluntarily.” 985. Allstate therefore embarked on a nationwide effort designed to pressure its remaining employee agents to relinquish the protections, rights and employee benefits to which they were entitled under the R830 or R1500 employment contract by “voluntarily” converting to the R3001 contract and becoming a so-called “independent contractor.” Allstate did so by, among other things, imposing harassing and burdensome requirements upon employee agents, including requirements that their offices be staffed at all times with a licensed individual and remain open on evenings and weekends (even when the agent was on vacation); forcing employee agents to accept reduced commissions (to increase their OEA) and thereby forego retirement and other benefits tied to commission income; threatening to relocate employee agents to an unsuitable or more distant site such as a warehouse or high-rise building without any
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signage; threatening to allow an Exclusive Agent to open a nearby office that would be in competition with an employee agent; and making false and misleading statements about the financial benefits of the Exclusive Agent program.
986. Between April 1, 1998 and May 31, 1999, Allstate succeeded in getting 1,460 employee agents to convert to the Exclusive Agency program, of which about 622 were employed under the R830 contract, with another 295 employee agents, of which 175 were employed under the R830 contract, electing to leave the service of Allstate by retiring or quitting. Many of these conversions and retirements were precipitated by Allstate’s simultaneous introduction (effective January 1, 1999) of: (a) “Agency Standards”, under which either the employee agent or a licensed support staff had to be in the agent’s office during specified hours – that is, from 9:00 a.m. to 6:00 p.m. on weekdays and from 9:00 a.m. to 1:00 p.m. on Saturdays, and (b) certain modifications to the NOA program, including a requirement that NOA agents limit their support staff and office rent expenses to their OEA. Most solo agents encountered difficulty complying with these new requirements because, among other things, Allstate required them to attend mandatory training sessions and meetings outside of the office during working hours and they had limited OEA to hire and pay for licensed support staff.
987. During this same period, a large number of agents took early retirement or simply left the company, rather than accept the increasingly burdensome working conditions that were being foisted upon them. Significantly, in the case of agents who had, for instance, satisfied the eligibility for early retirement and elected to separate from Allstate in 1998, the Beef-Up Amendment restricted them to credit for only one year of “beefed-up” service.
988. Despite Allstate’s tactics, as of November 1999, about 6,200 employee agents (averaging age 50) had still refused to “voluntarily” convert to Exclusive Agent status and give up the benefits, financial security and job protection Allstate had promised them.
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C. ALLSTATE FINALLY RESORTED TO UNLAWFUL MEASURES TO RID ITSELF OF THE COSTS OF PROVIDING EMPLOYEE BENEFITS AND TO PURGE ITS RANKS OF OLDER AGENTS 989. When Liddy became Chairman and CEO in January 1999, Allstate had just
completed its fourth consecutive year of record profits, with 1998 being the company’s most profitable year ever. At the time, Allstate had approximately 15,000 “captive” insurance agents in the United States who principally sold automobile, homeowner and other types of property and casualty (P&C) insurance on behalf of the company, of which more than 6,200 were still working as employee agents under the R830 and R1500 contracts. The other 8,900 or so agents were Exclusive Agents operating under the R3001 contract or “trainees” seeking to become Exclusive Agents.
990. Despite the company’s financial health, having failed in its decade-long effort to induce its employee agents to surrender their benefits and protections by converting voluntarily to so-called “exclusive agent independent contractor” status, Allstate decided that the time had come to get rid of its aging employee agents and achieve its objectives through more coercive measures that were unlawful and otherwise violated the terms of the R830 and R1500 employment contracts. In June 1999, Allstate charged Assistant Vice-President of Sales Barry Hutton with putting a team together to work confidentially on a plan to rid the company of the burdens associated with the aging employee agent workforce, including their employee benefits. By early July, Hutton’s “Channel Integration Project” team—which reported to a small group of Allstate officers, including Robert (Bob) Gary and Richard (Rick) Cohen—had developed the Program concept, with the Release as its center-piece, explaining in its presentation that employee agents would not be allowed to “convert, sell BOB [books of business] or receive the Separation Plan without signing a release.” Romero v. Allstate Ins. Co., 1 F. Supp. 3d 319, 342
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(E.D. Pa. 2014) (quoting Allstate’s July 1999 “Winning in the New Century” Channel

Integration Project presentation).

991. Soon after, at the July 12–13, 1999 Allstate Board of Directors meeting, Bob Gary

led a discussion concerning the company’s strategy for employee agents. During that meeting,

Allstate again acknowledged the legal and fairness issues associated with a forced nationwide

conversion of employee agents to the R3001 contract. Specifically, one of the slides presented to

the Allstate Board stated as follows:

AGENCY TRANSITION

Wish List • Agency Reduction in Force Based on Standards

Realities • Not Legally Possible

• Agents All on One Contract

• Legal and Fairness Issues • Large Charge to Pension Fund

• Reduce Agent Compensation

• Difficult Move in View of All That is Coming Down

992. Despite the known legal and fairness problems, Allstate continued working on the Program concept through its Channel Integration Project team. By the end of July 1999, Allstate had analyzed how to maximize pension-related savings through a termination of the employee agents. The summary analysis projected that by terminating the agents and freezing their pensions (as Allstate ultimately did through the Program), the company would realize a present value of $525 million in pension-related savings alone. The analysis was shared with members of Allstate’s senior management team.
993. By the end of September 1999, Hutton recommended that Allstate approve a program under which employee agents would be required to leave the company unless they

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converted to the Exclusive Agent program and thereby relinquished their benefits and protections as employees. This recommendation was discussed at the highest levels of Allstate’s senior management team and approved by defendant Liddy and Richard (Rick) Cohen in mid to late October 1999.
994. After approving Hutton’s recommendation, Allstate’s management presented the specifics of the Program to the Board of Directors on November 9, 1999. Liddy and Allstate announced the Program with great fanfare the next day.
995. Under the Program, Allstate told employee agents that it would be “[t]erminating all remaining R830 and R1500 Agreements and all employee agent related programs on June 30, 2000” (with the exception of employee agents located in Montana and New Jersey who, according to Allstate, would be “covered in separate program with different options available to them”) and “[o]ffering all agents the ability to convert to the R3001S Exclusive Agency Agreement.” Notwithstanding this representation, Allstate subsequently decided that employee agents in Montana would be subject to the Program, and thus would be terminated as of September 30, 2000, while employee agents hired on or after June 8, 1984 in West Virginia, like those employed in New Jersey, could not be terminated – whether en masse or otherwise – as part of the Program. In addition, it appears Allstate made at least four exceptions for employee agents in other states, who were exempted from termination.
996. Of the 6,200 or so employee agents who were involuntarily terminated through the Program, about 3,200 were employed under the R830 contract as of November 1, 1999, virtually all of whom had converted to the NOA program, while the other 3,100 or so had been hired under the R1500 contract as NOA agents. Allstate additionally provided certain former employee agents who had previously converted to the R3001 contract with the opportunity to sign a form of release in order to leave the service of the company by selling their entire book of
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business, including business generated as an employee agent under the R830 or R1500 contracts or, alternatively, to receive an “alternative” termination payment that was essentially equivalent to the “enhanced” severance offered to employee agents subject to the Program.
997. In the case of employee agents working under the R830 and R1500 contracts, Allstate did not in a single case make an individualized determination that “good cause” existed for the termination of any employee agent subject to the Program, as required by both forms of employment contracts and by Allstate’s own policies and procedures. It also did not give employee agents notice that their jobs were in jeopardy and a “reasonable opportunity to bring . . . performance up to satisfactory standards.” Nor did Allstate follow the approval procedures mandated under the R830 contract or the review and appeal process mandated under both contracts before termination for any reason. Indeed, implicitly recognizing that “good cause” could not be shown for its conduct, Allstate exempted from the Program employee agents in jurisdictions such as West Virginia whose laws require such a showing for termination of an insurance agent.
998. In a newsletter announcing its “newly revealed” initiatives, Allstate laid bare its motivation for terminating the employment status of its R830 and R1500 agents: Allstate’s “stock performance” was “down more than 20 percent since the beginning of [1999]” and, in the words of CEO Liddy himself, Wall Street was “look[ing] at the property-casualty companies” and was not “lik[ing] the growth prospects.” According to Liddy, companies like Allstate had to “scrutinize their expenses more rigorously.” Consistent with this requirement, Allstate promised its shareholders that the new initiatives would “reduce Allstate’s expenses by some $600 million annually,” which it expected to “fully realize beginning in 2001.” Allstate also predicted that such savings would amount to 36 cents per share (on a diluted basis) by the end of 2001.
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999. Allstate later explained that approximately $325 million of these savings would “come from the field realignment, including the reorganization of the employee agent programs into the [NEA] Program.” While Allstate misrepresented the savings associated with the Program as administrative savings resulting from the consolidation of multiple agent programs into a single nationwide structure, those supposed administrative savings represented only a minuscule portion of the total. Even ignoring the fact that Allstate continued to employ more than 500 agents under the R830 and R1500 contracts in the United States and Canada subsequent to December 31, 2000, a far larger percentage of the projected annual savings resulted from the elimination of Allstate’s continuing obligation to provide about half of its agent sales force with an employee benefits package, including contributions to the Pension and Profit Sharing Plans, than from administrative cost savings.
1000. While preventing employee agents from accruing and/or receiving the increasingly costly employee benefits long-promised to them was a determinative factor underlying Allstate’s decision to institute the Program, Allstate’s stated desire to “re-energize” its sales force by weeding out older agents was also determinative. With no new hires entering their ranks since 1990, the average age of employee agents had increased steadily throughout the decade. Trying to combat this trend during the 1990s, Allstate had approached some of its most senior and experienced agents and informed them, for example, that they were “too old” to comply with new company guidelines, and that they therefore should consider retirement.
1001. Despite these efforts, by October 1999, the average age of employee agents – who comprised 23 percent of Allstate’s overall employee workforce – had risen to above 50, with approximately 90 percent of those agents being 40 years of age or older by the time of their en masse termination in 2000. Not a single agent was under the age of thirty. In contrast, the average age of all other Allstate employees was about 39, a difference of eleven years.
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1002. Allstate and its senior management believed that the Program would achieve the desired “re-energizing” effect by forcing many older agents – who were stereotypically viewed as low performing, and lacking “energy,” “drive,” “initiative” and “entrepreneurial spirit” – to leave the company, either immediately as part of the Program or thereafter because of additional obstacles to continued service that Allstate began to impose, including unrealistic sales quotas. Their departures would, Allstate believed, afford the company the opportunity to replace them with younger hires who Allstate believed would be more “energetic” and “productive.”
1003. Shortly after the announcement of the Program, a “home office” vice president revealed these discriminatory attitudes to a group of employee agents, stating that Allstate expected to lose about 15 to 20 percent of its employee agents – most of whom would be “older” agents who supposedly “would not want to learn” its new system and soon-to-be-implemented computer technologies. In another meeting with employee agents during roughly the same period, a field vice president warned that “some of you older agents won’t like what’s coming down the pike,” or words to the effect, and predicted that they would “probably leave.” At another meeting with agents, one of Allstate’s regional vice presidents stated that the purpose of the Program was to get rid of agents “who are like barnacles on the back of the great blue whale that need to be scraped off.” Other agents heard comments by Allstate managers to the effect that the company was “bringing up a new breed” and “getting rid of the fossils” and “dead wood.”
1004. Further, during a job interview, the wife of one soon-to-be-terminated employee agent was told by an Allstate manager that the R3001S contract was not designed to favor older agents and, because older agents did not “fit in” with Allstate’s newly-announced plans, they would be “discarded” as part of the Program.
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1005. In fact, more than forty percent of Allstate’s employee agents left the company as a result of the Program, virtually all of whom were age 40 and older. To replace these older agents and to accomplish its objective of creating a younger and more “energized” sales and workforce, Allstate hired hundreds or thousands of new employees – virtually all of whom were under 40 – to fill positions in newly-established insurance sales and customer support roles that functionally replaced departing employee agents. One Allstate manager described these new hires as “young and efficient . . . 22 and 23 year olds, straight out of college, full of enthusiasm and with a great future.” He stated further that Allstate was using a “new approach” with respect to these “young folks,” such as allowing them to play computer games between customers.
D. ALLSTATE EXPLOITED THE FINANCIAL VULNERABILITY OF ITS EMPLOYEE AGENTS TO COERCE THEM INTO WAIVING THEIR STATUTORY AND COMMON LAW RIGHTS 1006. Shortly after announcing the Program, Allstate began to communicate the details
of the Program by means of scripted presentations and providing affected employee agents with a box containing extensive written materials. The contents of this “job in a box” included the “Preparing for the Future” R830 and R1500 Agent Information Booklet for the Group Reorganization Program, as well as a copy of the Release and certain information that Allstate was required to disclosed pursuant to the Older Workers Benefits Protection Act (“OWBPA”).
1007. The Release was the linchpin of the Program. By its terms, the Release required employee agents to:
release, waive, and forever discharge Allstate . . . from any and all liability . . . or claims for relief or remuneration of any kind whatsoever . . . arising out of, connected with, or related to, my employment and/or the termination of my employment and my R830 or R1500 Agent Agreement with Allstate, or my transition to independent contractor status, including, but not limited to . . . any claim for age or other types of discrimination prohibited under the Age Discrimination in Employment Act of 1967, . . . the Employee Retirement Income Security Act . . . or any other federal, state or local law or ordinance or the common law.
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1008. On its face, the Release purported to bar plaintiffs from filing “charges . . . including any claims for age or other types of discrimination prohibited by the [ADEA].” Nonetheless, Allstate never informed the employee agents subject to the Program that those who signed the Release would not be barred from challenging its validity, whether as expressly authorized by the Older Workers Benefit Protection Act (“OWBPA”) or otherwise. The Release also contained no provision purporting to require “tender back” of any benefit employee agents allegedly received or the payment of attorneys’ fees. The Release did not include a severability provision.
1009. Upon presenting Plaintiffs and the other employee agents with the Release, Allstate pressured them to sign it and select from one of three mandatory “options,” none of which was subject to negotiation:
 the “Forced Conversion Option,” under which employee agents would be “allowed” to continue in the service of Allstate as so-called “exclusive agent independent contractors” by entering into the R3001S contract (which was even less attractive than the unattractive option that had been available for nearly a decade under the R3001 contract and which the employee agents had repeatedly rejected);
 the “Forced Sale Option,” under which employee agents would enter into the R3001S contract and leave Allstate by selling their entire book of business to a buyer approved by Allstate in its sole discretion– that is, assuming the agent could find a “qualified” buyer and complete the sale prior to August 1, 2000 (which generally resulted in sales that were far below market in view of the short window in which to locate a buyer and the hurdles that Allstate erected for obtaining approval); and
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 the “Forced Severance Option,” under which employee agents would leave Allstate in exchange for so-called “enhanced” severance under the Agent Transition Severance Plan equal to the higher of the agent’s commission earnings in 1997 or 1998, but to be paid in twenty-four (24) equal monthly installments over a two-year period and subject to a new two year non-compete/nonsolicitation restriction and a temporally unlimited confidentiality obligation unlike any in the R830 and R1500 terminated contracts.
Alternatively, employee agents who did not sign the Release would have their employment and agency relationships with Allstate severed entirely on June 30, 2000, and would only be eligible for “base” severance of up to thirteen (13) weeks’ pay (depending on years of service) under the Agent Transition Severance Plan, payable in six (6) equal monthly installments and subject to a new two year non-compete/non-solicitation restriction and a temporally unlimited confidentiality obligation unlike any in the R830 and R1500 terminated contracts.
1010. Faced with these “choices,” virtually all employee agents subject to the Program signed the Release.
1011. Of the overwhelming majority of employee agents who did sign, about 2,600 – or more than forty (40) percent – left the service of Allstate under the Forced Sale or Forced Severance Options, rather than continue working without job security or the “unmatched” benefits package that Allstate had used to lure them into investing their careers and personal financial resources in the first place and upon which they had relied to provide “financial security” after retirement. In many cases, Allstate then contacted its policyholders to advise them that their agent had “retired.” At no time did Allstate ever inform Plaintiffs or the other employee agents that any service they provided to Allstate as an Exclusive Agent “counted” for purposes of determining eligibility for early retirement benefits under the Pension Plan. Indeed,
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to the contrary, Allstate advised the agents that such service would not count and, true to its word (but in violation of law), Allstate has refused to count such service for employee agents who took the Forced Conversion Option, including many Plaintiffs.
1012. The other 4,000 or so agents subject to the Program continued working for Allstate as “exclusive agent independent contractors” under the Forced Conversion Option, even though they were told they would no longer be eligible for Allstate’s employee benefits package.
1013. Allstate’s success in strong-arming and/or inducing through misrepresentations all but a few of its employee agents into signing the Release and either accepting forced conversion or separation from the company’s service is not surprising. Those agents had worked as Allstate employees for at least a decade, during which time Allstate aggressively induced most of them to personally spend many thousands of dollars to build a profitable book of business on behalf of Allstate. At the same time, Allstate barred them from pursuing any other business opportunity in the remote event they should ever be terminated. Beginning in November 1999, Allstate also threatened to enforce non-competition provisions and confidentiality provisions that Allstate fictionally interpreted as eternal non-solicitation provisions against any employee agent who left its service as a result of the Program. Thus, by November 1999, Plaintiffs and other employee agents were left so vulnerable to overreaching by Allstate and were under such extreme duress that they succumbed by signing the Release, and/or allowed themselves to be induced by Allstate’s representations to sign the Release, in the face of almost certain financial ruin.
1. Employee Agents Who Did Not Sign The Release Stood To Lose Their Substantial Investments And Careers
1014. Since launching the NOA program in 1984, Allstate engaged in an aggressive campaign to directly and indirectly pressure employee agents (including Plaintiffs) to heavily invest their financial resources into building a book of business, going so far as to monitor the amount each agent invested. Allstate was strongly motivated to do so. The more money that CONSOLIDATED AMENDED COMPLAINT - 188 -

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agents invested in their agencies, the greater was their capacity to solicit new customers and, hence, to generate additional revenues for Allstate. At the same time, by setting the formula for calculating the OEA so as to ensure that generally only a fraction of the actual costs of running a sales office would be reimbursed, Allstate was able to maximize its profit margin on those revenues while shifting most of the risk of loss to its employee agents. As Jerry Choate, Allstate’s former President and Chief Executive Officer, stated in explaining the NOA program, “[w]hen the allowance is depleted, the agents dig down into their own pockets” – thus sparing Allstate the expense of digging into its own.
1015. Furthermore, Allstate resorted to deception and hyperbole to induce its employee agents to invest their own money on its behalf by telling them, for example, that “there’s no limit to your potential income!” and that all agents needed to do to achieve that potential was to hire more and more support staff, thereby enabling them to sell more policies, telling agents “It’s as simple as that!” Allstate further assured its employee agents that there was no need for them to worry about the escalating expenses needed to generate additional sales, because for every dollar spent, the company trumpeted that agents would receive “double, triple, quadruple your investment.”
1016. The expense for which Allstate encouraged its employee agents to make their greatest investment was support staff. Allstate instructed agents that the best way to increase new business production was to “free up” their time by hiring more and more support staff who could take responsibility for servicing existing customers. According to Allstate, the investment in each staff member could normally be recouped in two years or less. In addition, to motivate its managers to reinforce the company’s position, Allstate tied the compensation of its managers to the number of staff members hired by the employee agents who were under them; the larger the staff, the larger the manager’s bonus.
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1017. As a result of the pressure put on them by Allstate and of the very manner in which Allstate structured their compensation, most employee agents, including Plaintiffs, had to invest substantial sums of their own money and/or other resources (by, for instance, having their spouses or family work for little or no pay at their agency) each year and, by the time Allstate announced the Program in late 1999, had sunk substantial personal resources into developing a book of business, all in the expectation of recouping such “investments” in the promised form of continued renewal commissions and increased benefits upon retirement. When these employee agents did not have sufficient liquid resources to cover these increasing investments, Allstate pressured them to obtain small business loans, mortgage their homes, and borrow against retirement and college savings. And many employee agents did just that.
1018. At the same time it was encouraging its employee agents to “dig deep into their own pockets” to expand their book of business, Allstate officially maintained that these agents had no ownership or transferable interest in that business. In fact, however, many agents found ways to transfer interests with Allstate’s knowledge and acquiescence. Still, the majority of employee agents did not know about these possibilities, and hence, when employee agents left the service of Allstate (without converting to Exclusive Agents), they were unable to recoup their investments of time and money by selling their book of business or continuing to receive commissions upon the renewal of policies previously sold. Rather, the agents had to remain in the service of Allstate until they became eligible for retirement benefits – a minimum of twenty (20) years and until age 55 to qualify for early retirement – in order to begin to recoup that investment. The employee agents subject to the Program averaged approximately age 51 with 19 years of service. Accordingly, for many employee agents subject to the Program, including Plaintiffs, refusal to execute the Release meant the certain loss of the substantial investment upon which their financial security was based.
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1019. Additionally, at the end of 1998, Allstate “upped the ante” when it required agents in the NOA Program to submit OEA Worksheets estimating their annual agency expenses for 1999. If the amount of OEA was insufficient to cover office lease and support staff expenses, the NOA agent had to either convert to the Exclusive Agent program (again, without having to release claims) or increase the amount of OEA by agreeing to accept a one to two point reduction in commission rates and having that amount reallocated to OEA. These lower commissions in turn reduced the retirement benefits that agents would earn subsequent to January 1, 1999, as those benefits were based on commission earnings, exclusive of OEA.
2. Allstate Made It Virtually Impossible For Long-Time Employee Agents To Pursue Their Professions Upon Termination Unless They Signed The Release
1020. Not only would employee agents who refused to execute the Release face the loss of the substantial investments they had made in building a book of business, they also would be left with virtually no means to pursue their chosen profession as insurance agents and, given the loss of investments in their agencies, little prospect of finding a new one. The employee agents found themselves in this unenviable position because the contracts that governed their relationship with Allstate purported to bar them from developing any independent business, and severely restricted their ability to establish any new business in the fields of insurance and financial services for at least a year or two after that relationship ended.
1021. Under both the R830 and R1500 contracts, employee agents were required to “devote [their] entire business time” to the performance of their duties as agents and not to engage in any other type of employment, profession or business opportunity without Allstate’s consent. In particular, employee agents were absolutely barred from selling insurance or other products of any competing company.
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were barred for a period of two years following such termination from “solicit[ing] or sell[ing] insurance of any kind” either: (a) to any person or entity to whom they had previously sold an Allstate policy; or (b) within one mile from any Allstate location from which they had solicited or sold insurance during the two-year period immediately preceding such termination, even though the vast majority of employee agents owned or leased their own offices. The restrictions in the R1500 contract were substantially the same, except that the temporal scope of those restrictions was limited to one year.
1023. In the course of explaining the options available to them under the Program, Allstate further instructed its employee agents that it “owned” their agency telephone numbers – one of an insurance agent’s most valuable business assets – even though employee agents had been required to pay the installation costs and all monthly bills in most cases. Allstate therefore foreclosed the option of an agent opening up a new agency miles away and having customer calls forwarded to the new office.
1024. Allstate also maintained that an agent’s list of customers, including the names and addresses of such customers, was proprietary to the company and strictly confidential. Allstate represented to the employee agents subject to the Program that under the terms of the R830 and R1500 contracts, once an employee agent’s relationship with the company ceased, any list comprising a book of business must be returned and the employee agent was forever barred from initiating contact with any former customer (whether the customer was a relative or someone with whom the agent had a pre-existing personal relationship) in whatever form and for any commercial purpose, regardless of how much time passed. The latter representation, however, was false. Nevertheless, Allstate advised the employee agents in its standard Program communications that it would “treat any attempt by a former agent to contact former customers (or any person whose identity was discovered as a result of his/her status as an Allstate Agent . . .
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) in whatever form as solicitation.” Allstate further warned that it would take “appropriate action” against any employee agent who used information Allstate deemed confidential or acted in any manner inconsistent with its interpretation of this “non-solicitation” restriction, including notifying the former agent’s new company and filing a lawsuit against the former agent and her new company.
1025. Moreover, Allstate designed the severance options under the Program in a manner intended to coerce agents who refused to continue in Allstate’s service under the R3001S contract to nevertheless sign the Release. In particular, although the Program operated like a “rearrangement of work” or “reduction in force” (both covered events under Allstate’s preexisting Severance Pay Plan), on the eve of the Program announcement, Allstate self-servingly characterized the Program as a “group reorganization”, a type of event that did not trigger benefit entitlements under the Severance Pay Plan. In addition, at the eleventh hour, Allstate added the “base” severance option to the Agent Transition Severance Plan it adopted for the Program. Allstate’s intent in belatedly calling the Program a so-called “group reorganization program” with “base” severance as the default option was to deny terminated employee agents its standard severance of up to fifty-two (52) weeks’ pay (depending on completed years of service), usually paid in an immediate lump sum, under Severance Pay Plan, which did not require the release of any claims against Allstate or the assumption of any non-compete obligations or of an eternal prohibition against contacting former Allstate customers for any commercial purpose. Indeed, at the same time that Allstate adopted the Agent Transition Severance Plan for the Program in November 1999, it also purported to amend the Severance Pay Plan to specify that employee agents terminated under the Program were ineligible for benefits thereunder.
1026. As a result of Allstate’s last minute maneuvers, employee agents subject to the Program who refused to sign the Release could at most receive “base” severance through the
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Agent Transition Severance Plan, which did not provide for an immediate lump sum payment of severance benefits and imposed on agents who accepted benefits thereunder various additional burdens. These additional burdens included: (a) a new two-year non-compete/non-solicitation provision barring the agent from soliciting the purchase of products or services in competition with those sold by Allstate to any person who was a customer of Allstate at the time of termination or whose identity was discovered as a result of their status as an Allstate agent, as well as a one-year restriction on soliciting the purchase of such products or services from an office or business site located within one mile of the former agent’s Allstate sales location; and (b) a confidentiality provision purporting to prohibit the agent from ever using the name of, or other information they knew about, their former Allstate customers “for their own benefit or the benefit of others” – even for non-competing commercial purposes.
1027. In spite of the termination of their agency appointments and the substantial additional restrictions imposed by Allstate, under the original Program terms Allstate communicated to employee agents, agents who did not sign the Release remained responsible for whatever lease obligations, mortgage payments for their offices, and other financial arrangements that they had entered into in the expectation of continuing their agency relationship with Allstate.
1028. The net effect of the numerous and substantial restrictions that Allstate imposed upon its employee agents and the manner in which it structured the Program was to leave Plaintiffs and the other employee agents with little, if any, prospect for meaningful employment or self-employment when Allstate terminated their agency appointments and no real choice other than to sign the Release. For the past decade or longer, they had been denied the opportunity to sell insurance products on behalf of any competing companies, to earn other income for retirement, or to gain experience in any other line of work. Were they to attempt to reestablish
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themselves in the insurance business, they would have to start literally from “scratch” and face enormous obstacles as Allstate insisted that they were not permitted to sell insurance products to former customers, would have to relocate from the offices they themselves leased or owned and would have to surrender their agency telephone number to Allstate. Any such effort to build a new business would be made all the more difficult by virtue of the fact that most of their financial resources were tied up in the investments in their Allstate agencies, investments that they would never see any part of unless they mitigated such loss by signing the Release and accepting one of the three options that Allstate had thrust upon them.
3. Allstate Also Made Material Misrepresentations to the Employee Agents in connection with the Decision to Sign the Release
1029. At or around the time of the Program, Allstate made numerous misrepresentations or omissions of material fact to Plaintiffs and the other employee agents concerning the consequences of signing or not signing the Release in order to induce them to waive their rights. Among other things, Allstate falsely represented to the employee agents subject to the Program that the confidentiality provision in their soon-to-be terminated R830 and R1500 contracts imposed on them a lifetime ban on contacting former customers for any purpose whatsoever if they left Allstate’s service and did not sign the Release. Nothing in the Allstate confidentiality provision, however, could possibly be construed in any reasonable manner as reaching that far. Yet, that is the representation Allstate effectively made to its agents.
1030. In addition, Allstate represented to Plaintiffs and the other employee agents who were being terminated that there would be other employment opportunities for them within the company. However, after the deadline for the Release, Allstate formally adopted a rehiring moratorium that changed its standard rehire policy and denied employee agents subject to the Program any re-employment for a one to two year period, regardless of the agents’ qualifications. While Allstate terminated certain other non-agent employees in contemporaneous CONSOLIDATED AMENDED COMPLAINT - 195 -

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reductions in force, it did not impose a similar moratorium on their rehire. For those employee agents who left Allstate’s service as a result of the Program before completing 20 years of continuous service, the rehire moratorium barred them from ever satisfying that requirement for early retirement benefits.
1031. Allstate also made numerous misrepresentations or omission of material fact concerning the Exclusive Agent program and R3001S contract under the Forced Conversion Option. For instance, in widely-distributed communications, and through local managers, Allstate affirmatively reassured the employee agents subject to the Program that there was no ongoing work or plans to reduce the commissions rates paid to Exclusive Agents operating under the R3001 contract. Unbeknownst to Plaintiffs, however, Allstate already had plans in place in 1999 to slash Exclusive Agent commission rates in the near future. And Allstate did, in fact, subsequently slash the commission rates, but it did not announce the change to the agents until 2002.
1032. Moreover, while Allstate vaguely informed employee agents that under the Forced Conversion Option, their agency would “be expected to achieve certain business results,” it failed to disclose to the employee agents that those “business results” would be production quotas, which Allstate could set (even at unrealistic levels) in its sole discretion and which, if not met, would lead to the termination of the agent. Yet, after the Program, Allstate in fact imposed unrealistic production quotas and terminated many converted agents for failing to meet them. Such use of quotas was directly contrary to how Allstate described the Exclusive Agency Program in seeking a determination from the Internal Revenue Service that exclusive agents operating under the R3001 contract would be independent contractors.
1033. Finally, Allstate informed employee agents that they would be independent contractors able to control the means by which they did business. This too was a material
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misrepresentation. In fact, the R3001S contract gave Allstate the right to control agents, and agents who converted found that Allstate controlled them, in much the same manner as before the Program, as set forth below.
4. Allstate Refused to Suspend the Program Despite the EEOC’s Preliminary Determination that the Release Was “Unlawful”
1034. Faced with the prospect of financial ruin versus signing a document that purported to waive their statutory and common law rights, many employee agents, including numerous Plaintiffs, attempted to take a third route by filing charges of age discrimination and retaliation with the EEOC. After completing an initial review of these charges, the EEOC informed Allstate, in a letter to CEO Liddy, dated May 2, 2000, of the preliminary determination that the Release was “unlawful.” The EEOC further urged Allstate to “suspend[] the waiver requirement” until it was able to complete its investigation.
1035. On May 15, 2000, Allstate responded to the preliminary determination through its attorneys, who represented, among other things, that signing the Release did not prevent employee agents “from challenging the validity of the release and pursuing [a] claim of discrimination,” and that “there is no limitation on an agent’s right to file an EEOC charge, participate in an EEOC investigation or cooperate with the EEOC in any way.” Two weeks later, by letter dated May 30, 2000, Allstate’s attorneys again represented to the EEOC that “every agent who signs the Release has an opportunity to challenge its voluntariness . . . .” Allstate thereafter rebuffed the EEOC and informed the Commission that it intended to proceed with the implementation of the Program, including requiring employee agents to execute the Release, despite the EEOC’s preliminary determination that it was unlawful.
1036. By the time of the deadline for executing the Release (which, in most instances, was May 31, 2000), a number of employee agents had become aware of the EEOC’s preliminary determination and Allstate’s decision to flaunt that determination. Accordingly, when they CONSOLIDATED AMENDED COMPLAINT - 197 -

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executed the Release, these agents were not only operating under extreme economic duress but also in the belief that the Release was unlawful.
1037. Subsequently, the EEOC issued Letters of Determination dated as of September 19, 2000, affirming its preliminary determination and concluding that Allstate had acted in violation of the ADEA, the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990 by expressly conditioning the right of employee agents to convert to so-called “independent contractor” status – and thereby recoup at least a portion of the investments that they had made at the behest of Allstate – on the execution of the Release. Characterizing Allstate’s actions as “threats, coercion, and intimidation,” the EEOC concluded that refusal to execute the Release constitutes protected activity within the meaning of those federal statutes, and that the Release itself was invalid and unenforceable. E. ALLSTATE’S EXPLANATIONS THAT IT IMPLEMENTED THE PROGRAM
TO INCREASE “PRODUCTIVITY” AND “ENTREPRENEURIAL FREEDOM” AND TO ELIMINATE COMPLEXITY FROM MULTIPLE AGENT PROGRAMS ARE FALSE, PRETEXTUAL OR CONTRARY TO CONTRACTUAL PROTECTIONS 1038. Allstate’s proffered reasons for implementing the Program are false, pretextual or contrary to Allstate’s contractual obligations. First, in one slide in its November 1999 scripted presentation to agents about the Program, Allstate claimed that the Exclusive Agents had higher productivity than employee agents, suggesting that was one of the justifications for the Program. Allstate’s contention that Exclusive Agents were more productive is based on equivocal data: another slide of the same presentation suggests the very opposite. More important, if Allstate did implement the Program for that reason, it violated the contractual provisions that agents had to be offered notice and an opportunity to improve before being terminated for performance reasons.
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1039. Second, Allstate claimed the Program was implemented to eliminate the complexity of having multiple agent contracts and the associated administrative costs. However, Allstate admittedly continued to have the same number of different agent contracts after the Program. Additionally, the administrative costs were miniscule compared to the hundreds of millions of dollars the company knew it would save in employee benefits, including under the Pension Plan.
1040. Third, Allstate attempted to justify the Program on grounds that the Exclusive Agent program was better for its soon-to-be-terminated R830 and R1500 agents because it would afford them “entrepreneurial freedom.” It also promised that the R3001 contract would allow them to make more money and afford them freedom from the pervasive control exercised over them as employees, including relieving them of the obligation to attend meetings which had been mandatory for employee agents.
1041. Allstate knew better. Converting to Exclusive Agents reduced employee agents’ total compensation because, among other things, the agents lost their OEA, production allowance and subsidized employee benefits. Additionally, under the R3001S contract that agents were required to sign as part of the Program, Allstate retained the right to restrict “entrepreneurial freedom” in the same manner as it had prior to the Program and to control nearly every aspect of the manner and means through which agents solicit, market and sell insurance products and other services on Allstate’s behalf.
1042. Since the Program, Allstate has, in fact, continued to exercise at least as much control over agents who converted to so-called “independent contractor” status under the R3001S contract as it did when those agents enjoyed employee status under their R830 and R1500 contracts by, among other things:
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 requiring Exclusive Agents to obtain Allstate’s approval before engaging in any other form of business activity;
 prohibiting Exclusive Agents from selling insurance on behalf of Allstate’s competitors;
 dictating the minimum number and most of the specific hours that an Exclusive Agent’s office must remain open;
 imposing a dress code on Exclusive Agents and their staff;
 requiring Exclusive Agents to obtain Allstate’s approval before hiring support staff employees;
 requiring Exclusive Agents to attend company meetings;
 compelling Exclusive Agents to replace their own telephone and computer systems with new systems leased from Allstate and linked to its centralized system, thereby enabling Allstate to monitor the details of their performance;
 prohibiting Exclusive Agents from using any software on those computer systems other than that supplied by Allstate or from communicating with clients and potential clients on web sites not approved by Allstate;
 requiring Exclusive Agents to forward incoming calls to Allstate customer service centers, thereby enabling Allstate to confiscate their business;
 ordering Exclusive Agents to solicit new client “leads”;
 refusing to allow Exclusive Agents to use the word “Allstate” on agency “web pages” without the company’s approval;
 mandating that any display advertisement Exclusive Agents wish to place in the Yellow Pages conform with Allstate’s specifications, including the omission of any reference to Allstate; and
 imposing unobtainable production quotas upon Exclusive Agents and terminating their contracts and agency relationships if those quotas are not reached.
Thus, even though the R3001S contract states that agents “will have full control of [their] time
and the right to exercise independent judgment as to the time, place, and manner of performing
[their] duties,” Allstate has compelled converted agents, under threat of termination, to comport
with myriad requirements pertaining to the day-to-day operation of their agencies.
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1043. Thus, the promise of greater “entrepreneurial freedom” was false. It was made to try to hide the true purposes of the Program: to eliminate accrual and payment of retirement and other benefits to employee agents, and to weed out older employee agents. F. ALLSTATE HAS HIRED THOUSANDS OF YOUNGER EMPLOYEES AND
EXCLUSIVE AGENTS SINCE IMPLEMENTING THE PROGRAM 1044. Since 2000, Allstate has directly and/or functionally replaced employee agents who left the service of the company with thousands of younger individuals, the majority of whom are under the age of 40. These individuals, including newly-hired Exclusive Agents and employees hired to sell and service Allstate insurance via “1-800-ALLSTATE” and the Internet, have filled sales and customer service positions for which the terminated agents were amply qualified. In addition to the fact Allstate did not provide pension, medical and other benefits to newly-hired R3001 Exclusive Agents, the cost of providing employee benefits to newly-hired employees was far less than it would have been had a corresponding number of employee agents been transferred or rehired as employees to staff newly-established regional call centers to solicit insurance and other products via “1-800-ALLSTATE” and the Internet. G. ALLSTATE UNLAWFULLY REFUSED TO REEMPLOY TERMINATED EMPLOYEE AGENTS 1045. Under the Pension Plan, any employee agent who was rehired by Allstate within twelve (12) months of termination did not incur a “break” in “continuous service,” as the participant was entitled to receive credit for all previous service and for the period of “broken” service, as if he or she had never left the employ of the company. 1046. Ordinarily, Allstate did not limit the rehiring of employees unless they were fired for poor performance or misconduct. However, in order to ensure that employee agents would not be able to frustrate the company’s unlawful Program objectives by rejoining the company’s employee population and taking advantage of the re-employment provisions in the Pension Plan
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(and its other retirement plans), Allstate adopted a policy under which it refused to reemploy employee agents terminated as part of Program for a period of at least one to two years. Allstate maintains this moratorium was not implemented until September 26, 2000 – that is, more than three months after the deadline it set for employee agents to sign the Release.
1047. In accordance with this policy, Allstate unlawfully denied employment to a number of employee agents who had applied for sales, customer service, claims adjustor, security and other employee positions with Allstate during the period that the moratorium was in effect. Moreover, having learned of the rehire policy, a great many other former employee agents were deterred from applying for these employee positions because they knew that any such application would have been futile.
1048. Absent the moratorium, many former employee agents would have applied for employment positions with Allstate once their R830 and R1500 contracts had been terminated. In fact, during the year-long period in which the moratorium was in effect, Allstate hired upwards of 1,000 individuals to fill sales, customer service and claims adjustor positions for which its former employee agents were eminently qualified.
1049. As noted above, the individuals Allstate hired to staff these regional call centers were generally much younger than the employee agents subjected to the Program and the cost of providing benefits to these newly hired employees is far less than it would have been for a corresponding number of former employee agents. Accordingly, through the implementation of this discriminatory and retaliatory policy, Allstate was able to serve its twin objectives of cutting employee costs and reducing the average age of its work force. H. ALLSTATE’S UNLAWFUL CONDUCT HAS HAD A DEVASTATING IMPACT
ON PLAINTIFFS AND THE OTHER FORMER R830/R1500 AGENTS 1050. The effect of the Program upon Plaintiffs and other former R830 and R1500 agents has been devastating. As a result of the termination of their employment contracts and the CONSOLIDATED AMENDED COMPLAINT - 202 -

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denial of their employee benefits, Plaintiffs have experienced a dramatic and sudden decline in their income that, in many cases, has forced them to further deplete what remains of their life savings, to sell or mortgage their homes and even to declare personal bankruptcy.
1051. As a result of the extreme economic hardship occasioned by the Program, many former employee agents, including many of the named Plaintiffs, have suffered from emotional distress, including anxiety, depression and loss of self-worth. Indeed, in a number of cases the emotional toll on these agents has been so severe that they have required psychiatric counseling and anti-depressant drugs and, on occasion, even hospitalization. Some agents have even taken their own lives. I. AFTER THE PROGRAM, ALLSTATE CONTINUED TO UNDERTAKE
EFFORTS TO RID ITSELF OF REMAINING FORMER R830/R1500 AGENTS 1052. Since 2000, Allstate has taken steps to rid itself of most of the remaining former R830 and R1500 agents who signed the Release and continued in the company’s service as “exclusive agent independent contractors” under the Forced Conversion Option. In fact, having purportedly swept aside the statutory protections afforded to them as “employees” and the procedural and other protections afforded under the express and implied terms of R830 and R1500 contracts, Allstate has singled out hundreds of these former employee agents, including some of the Plaintiffs named herein, for termination, thereby leaving them with no option but to attempt to recoup their investments of time and money by attempting to sell their books of business, in many instances at a significant discount due to the fact that there may be only a single purchaser Allstate is willing to approve, in its sole discretion. In other instances, the agents have not been able to sell and have merely received a significantly diminished termination payment under the terms of the R3001S contract. And, after leaving Allstate’s service, Plaintiffs were hampered in their ability to continue working as an insurance agent by the restrictive covenants and confidentiality provisions contained in the R3001S contract. CONSOLIDATED AMENDED COMPLAINT - 203 -

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ADDITIONAL ROMERO III FACTUAL ALLEGATIONS 1053. The Romero III Plaintiffs were among the original plaintiffs who filed the Romero I action on August 1, 2001, seeking a judicial declaration that the Release is void and unenforceable and asserting that the design and implementation of the Program violated the ADEA and ERISA, and constituted a breach of certain contractual rights and fiduciary duties. All of those claims arise out of the same transactions and occurrences as the claim that the Release is invalid and unenforceable. 1054. At the time they signed the Release in 2000, at least some of the Romero III Plaintiffs already had filed charges of discrimination and retaliation with the EEOC. More importantly, as each of the Romero III Plaintiffs has testified under oath, none of them had formed an intent at the time each signed the Release to file a lawsuit against Allstate, although some of them admittedly hoped that the EEOC or another governmental agency would seek to invalidate the Release as unlawful.
Allstate Retaliates Against the Romero III Plaintiffs By Asserting Baseless Counterclaims 1055. On March 11, 2002, Allstate and its co-defendants filed their answer to the
Romero I First Amended Complaint. In the responsive pleading, Allstate attempted to state four purported counterclaims: unjust enrichment, fraud, negligent misrepresentation, and breach of the duty of good faith and fair dealing. Each purported counterclaim rested on the unfounded allegation that even though the Romero III Plaintiffs purportedly had made up their minds that they were going to sue Allstate and otherwise challenge the Release, they “represented” or otherwise promised they would not do so upon signing the Release.
1056. Allstate had no evidentiary support whatsoever for these unfounded allegations as required by Federal Rule of Civil Procedure 11(b)(3). To the contrary, the language of the
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Release did not contain any promise not to sue Allstate, as was determined in 2005 by the Seventh Circuit Court of Appeals. Even if the Release had contained a covenant not to sue the Company, Allstate and its attorneys knew that the Romero III Plaintiffs had a federally-protected right to challenge the scope and validity of the Release in good faith, including the statutory right to challenge whether it was knowing and voluntary and otherwise complied with the enumerated threshold requirements of the OWBPA. Because Allstate and its attorneys thus knew that the plaintiffs had not “represented” or otherwise promised not to challenge the Release, the counterclaims were brought in reckless disregard for their lack of legal and factual merit and to retaliate against and otherwise harass and vex the plaintiffs.
1057. Allstate and its attorneys also knew that the plaintiffs were required to assert all claims arising out of the same transaction or occurrence, or series of transactions or occurrences, or face the risk that such claims could be barred. Allstate and its attorneys therefore necessarily knew that the plaintiffs had not “represented” or otherwise promised not to assert claims arising out of the Program contingent on a judicial determination that the Release was invalid or otherwise unenforceable.
1058. Moreover, as of March 11, 2002, Allstate and its attorneys knew and acted with reckless disregard of the fact that the state law counterclaims were meritless for myriad other reasons, such as the fact that they were preempted by the ADEA and ERISA and barred by the “gist of the action” and economic loss doctrines. Based on representations to the EEOC its attorneys made in May 2000, Allstate also knew that it could not satisfy critical elements of the counterclaims in addition to the element of a promise or false representation. For example, Allstate knew and acted with reckless disregard of the fact that that it could not possibly prove detrimental reliance under circumstances when it decided to proceed with the Program in the
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face of the EEOC’s determination that the Release was invalid and request to suspend the Release requirement.
1059. Allstate nevertheless asserted the purported counterclaims to retaliate against and punish the Romero III Plaintiffs for having engaged in protected activity. Allstate also asserted the counterclaims for the equally improper purpose of deterring members of the proposed class from asserting their federally-protected rights by challenging the Release, assisting the EEOC and Pension and Welfare Benefits Administration and participating in Romero I and Romero II.
1060. Allstate knowingly and intentionally chose to assert counterclaims with the most severe retaliatory impact – that is, counterclaims that were designed to inflict the greatest possible professional and reputational damage and raise the greatest possible economic threat to the plaintiffs. Not surprisingly, Allstate has succeeded in adversely affecting the Romero III Plaintiffs, including shedding a negative light on their professionalism and ethics, marring their professional reputations and otherwise damaging them, all of which could have an adverse effect on prospective employment opportunities. Subsequent to the date the purported counterclaims were brought by Allstate, at least one of the plaintiffs was turned down for a business loan essential to his ability to continue to operate his insurance agency in compliance with Allstate’s sales quotas known as “expected results.” This plaintiff was informed by a prospective lender that the loan would have been advanced if the counterclaims had not been pending. Other of the Romero III Plaintiffs have been forced to disclose to third parties such as mortgage lenders that they were currently being sued for fraud and punitive damages. Yet others were deterred from seeking loans or otherwise engaging in transactions that would require them to disclose the purported counterclaims.
1061. The bad faith assertion of frivolous counterclaims has caused other injury, including, but not limited to mental distress and anguish, to each of the Romero III Plaintiffs and
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their immediate families. Indeed, even though they know the counterclaims were frivolous and brought in retaliation for filing a lawsuit and engaging in “other actions” that constitute a protected activity, many of the plaintiffs nonetheless remain fearful that they stand at risk of losing everything, including their businesses, homes and remaining life savings, for doing nothing more than engaging in protected activity.
1062. Allstate refused to voluntarily withdraw the purported counterclaims with prejudice, even in the face of overwhelming evidence that they were not well-grounded in fact or law. Although Allstate later would ask for leave to amend the counterclaims, it did so only when threatened with the imposition of sanctions under Federal Rule of Civil Procedure 11. Despite the fact that its claims were preempted, redundant and otherwise failed to state a claim upon which relief can be granted, Allstate asked for leave only to eliminate the three most egregious counterclaims, refusing to dismiss those counterclaims with prejudice, while at the same time wanting to assert new affirmative defenses and offensive counterclaims that it chose not to bring in the first place, thereby leaving the threat of reassertion of counterclaims hanging over the heads of the plaintiffs indefinitely.
Allstate Singles Out Certain Romero III Plaintiffs for Other Retaliatory Treatment 1063. Allstate and its managers targeted certain of the Romero III Plaintiffs for other
forms of retaliation. Richard Carrier
1064. Allstate retaliated against Plaintiff Richard Carrier by preventing him from purchasing books of business from other Allstate agents. Under the R3001 agency agreement between Carrier and Allstate, he had the ability to purchase the book of business of another Allstate agent upon Allstate’s approval. Carrier also was contractually permitted to acquire a
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financial interest in independent insurance agencies that sell insurance and financial products of companies other than Allstate.
1065. In 2001, Carrier attempted to purchase a financial interest in the Wise Insurance Agency, an independent insurance agency which sold policies underwritten by Allstate and other insurers, all in accordance with his then contractual arrangement with Allstate. In connection with the purchase of the agency, Carrier also negotiated the purchase of the real estate on which the Wise Insurance Agency was located. However, upon learning of Carrier’s actions, Allstate threatened to cancel all of its insurance policies in the Wise Insurance Agency’s book of business if Carrier consummated the purchase of the agency. Allstate made this threat in order to retaliate against Carrier for filing charges of discrimination and relation with the EEOC and for participating in the Romero I lawsuit.
1066. In 2002, Carrier attempted to consumate the purchase of the book of business of another “captive” Allstate agent, Betty Nygren, which, to Allstate’s knowledge, he had been managing and in the process of acquiring for several years. Allstate once again refused to approve the sale from Nygren to Carrier. Allstate did not approve the sale in order to retaliate against Carrier for filing charges of discrimination and retaliation with the EEOC and for participating in the Romero I lawsuit.
1067. On June 18, 2002, Carrier filed a charge of discrimination with the EEOC alleging that Allstate’s interference with his attempts to purchase the financial interest in the Wise Insurance Agency and Ms. Nygren’s book of business was in retaliation for filing EEOC charges and for participating in Romero I. Thereafter, on August 12, 2004, the EEOC determined that Allstate’s conduct was retaliatory and in violation of the ADEA. After conciliation talks between Allstate and the EEOC failed, the EEOC issued a Notice of Right To Sue to Carrier on January 4, 2005.
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1068. Allstate’s retaliation against Carrier continued through 2003 and 2004. In March 2003, Allstate refused to approve Carrier’s application for a “Series 6/63” license. This license, which is required of insurance agents who wish to sell certain insurance and financial products, is now a deemed a prerequisite by Allstate to purchase a “captive” book of business from an existing Allstate agent. Allstate’s pretext for refusing to approve a Series 6/63 license for Carrier was that he purportedly owned “too many business interests.” In actuality, Allstate refused to approve Carrier’s application in order to retaliate against him for filing EEOC charges and for participating in the Romero I lawsuit.
1069. Allstate employs so-called “Life Specialists,” also called “Exclusive Financial Specialists,” to market and sell life insurance and financial products and to provide customer service for these products. When a Life Specialist sells a product to an existing client of an Allstate agent, the Allstate agent receives credit from the sale for purposes of compensation and Allstate’s minimum production requirements. Consequently, Allstate agents who do not have a Series 6/63 license must work with a Life Specialist in order to sell life insurance and financial products, both to new clients and longstanding customers comprising the agent’s book of business. These agents likewise rely on Life Specialists to provide support for the life insurance and financial products that they sell.
1070. Before 2004, Richard Carrier worked with Life Specialist Michael Kinney to provide life insurance and financial products to Carrier’s clients. In 2004, Kinney left Allstate and Life Specialist Jack Wolf replaced Kinney. Wolf consequently became responsible for servicing the financial and life insurance products sold to Carrier’s clients.
1071. After Wolf replaced Kinney, Allstate manager Juan Valdeviso apparently instructed Wolf not to work with Carrier and, implicitly, any of Carrier’s customers. Valdeviso told Wolf that Carrier had sued Allstate, that Carrier was “trouble,” and that Carrier would likely
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sue Wolf as well, or words to that effect. As a result of Valdeviso’s instructions, Wolf failed to show up for a scheduled meeting at Carrier’s insurance agency in September 2004. After Wolf failed to attend the meeting, Carrier complained to Allstate management, but was still unable to schedule a meeting with Wolf. Allstate’s instructions to Wolf and Wolf’s refusal to meet with Carrier were in retaliation against Carrier for filing charges with the EEOC and for participating in the lawsuit in Romero I.
1072. In the fall of 2004, Allstate launched an “investigation” of the independent agencies in which Carrier held a permissible financial interest. The sole apparent purpose of this “investigation” was to ferret out some evidence to show that Carrier had violated his agency agreement with Allstate and, thus, a pretext for terminating its agency agreement with Carrier. Allstate conducted this investigation to retaliate against Carrier for filing EEOC charges and for participating in the Romero I lawsuit.
Paul Cobb 1073. In April or May 2003, Plaintiff Paul Cobb had a conversation with Ken Holthouser, an Allstate Life Specialist, during which Cobb asked Holthouser for assistance in selling life insurance and financial products to customers in Cobb’s book of business. Sometime on or before June 10, 2003, Larry Ross, an Allstate manager, told Holthouser that he should not get involved with Cobb’s agency because Cobb had sued Allstate, or words to that effect. As a result, Holthouser cancelled a previously-scheduled appointment with Cobb. Holthouser repeatedly refused to reschedule this appointment despite repeated requests by Cobb. Ross’ instructions to Holthouser and Holthouser’s refusal to meet with Cobb were in retaliation against Cobb for filing charges of discrimination and retaliation with the EEOC and for participating in Romero I.
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1074. On August 13, 2003, Cobb filed a charge of discrimination with the EEOC. Cobb alleged that Allstate’s instructions to its Life Specialist to avoid Cobb because of his involvement in filing EEOC charges and the Romero I lawsuit were retaliatory and unlawful under the ADEA. The EEOC, on September 23, 2003, determined that credible evidence revealed that Allstate encouraged a life specialist to avoid Cobb because of Cobb’s lawsuit in Romero I. The EEOC further determined that Allstate’s conduct constituted unlawful retaliation under the ADEA.
1075. Also in 2003, Allstate singled Cobb out for using Allstate’s e-mail system and computer resources to express “personal concerns.” During an unannounced visit to Cobb’s agency on May 5, 2003, Allstate Territorial Manager Richard Carnes reprimanded Cobb for sending an e-mail from his Allstate e-mail account to another Allstate agent that contained comments critical of Liddy, one of the Romero I defendants. Cairns also reprimanded Cobb for sending an e-mail to George Grawes, an Allstate employee who performs lobbying functions for the company in Florida and who serves as Allstate’s representative to a Florida political action committee. Cobb’s e-mail to Grawes expressed support for pending federal legislation that would have made it difficult for companies to characterize insurance agents as independent contractors in order to interfere with their benefits.
1076. Cobb sent the e-mail in response to Grawes’ solicitation for comments and suggestions to be sent to Grawes’ own Allstate e-mail account. Allstate’s “Information Protection Policy,” in fact, expressly permits incidental and occasional personal use of Allstate’s e-mail.
1077. Other Allstate agents and employees have used Allstate’s computer resources to express their own personal support for legislation without reprimand. Indeed, in June 2003, only a few weeks after Cobb was reprimanded by a Territorial Manager, Liddy sent a “letter” to Allstate agents and employees using the company’s computer system expressed support for
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pending federal class action legislation and urging employees and agents to take action in support of the legislation.
1078. Allstate targeted Cobb for reprimand in order to retaliate against Cobb for filing EEOC charges and for participating in the lawsuit in Romero I.
Anthony Wiktor 1079. Allstate’s Life Specialists also refused to cooperate with Plaintiff Anthony Wiktor after he filed his charges of discrimination and retaliation with the EEOC and became involved in the Romero I lawsuit. Before he filed his charges and filed the Romero I lawsuit, Wiktor often would ask Life Specialists to assist him in placing life insurance policies or would ask Life Specialists to follow up on leads to potential life insurance customers. As a result of the cooperation between Wiktor and the Life Specialists, before filing his EEOC charges and the Romero I lawsuit, Wiktor used to place between 5 and 10 life insurance policies a year. 1080. However, after filing EEOC charges and becoming a plaintiff in Romero I, Allstate’s Life Specialists stopped working with Wiktor. Wiktor made repeated phone calls to Life Specialists Shawn Dally and Brad Bitner requesting sales assistance with customers or a follow-up on leads, but Allstate’s Life Specialists refused to return his calls or to call the potential life insurance customers that Wiktor had directed to them. Consequently, after filing his EEOC charges and becoming a plaintiff in Romero I, Wiktor was able to place no more than one life insurance policy with a new life insurance customer, thereby placing his agency relationship at risk of termination. Allstate’s Life Specialists refused to provide Wiktor with assistance in selling life insurance in order to retaliate against him for filing EEOC charges and for participating in the Romero I lawsuit. 1081. After filing the lawsuit in Romero I, Anthony Wiktor attempted to sell his book of business to another Allstate agent, Roy Hart. Hart had contacted Wiktor in December 2001, and
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expressed his interest in buying Wiktor’s book of business. After Wiktor and Hart came to an agreement on the purchase price of Wiktor’s book of business, Wiktor asked Allstate to approve the sale. Allstate, however, refused to approve the sale of Wiktor’s book of business to Hart and informed Wiktor that the company had decided to turn Hart down because his “loss ratio” purportedly exceeded the limit that had been established by Allstate.
1082. In January or February 2002, Wiktor had a conversation with Joe Richardson, an Allstate Regional Vice President, during which Richardson stated “Yes, we have guidelines, but ultimately its up to me whether a sale is approved” or words to that effect. This amounted to an acknowledgement by Richardson that, at least at the time Wiktor was attempting to sell a profitable book of business to Hart, Richardson had the discretion to approve the sale of Wiktor’s book of business to Hart, regardless of what his loss ratio may have been.
1083. Richardson proceeded to tell Wiktor that even though he had the authority to approve or disapprove the sale of any Allstate book of business regardless of Allstate’s criteria, he would not approve the sale of Wiktor’s book of business to Hart, or words to that effect. Allstate refused to approve the sale of Wiktor’s book of business to Hart in order to retaliate against Wiktor for filing charges of discrimination and retaliation with the EEOC and for participating in the Romero I lawsuit.
1084. In January 2002, after Allstate refused to approve the sale of Wiktor’s book of business to Hart, Wiktor’s manager, David Watters informed Wiktor that Allstate had its own buyer for Wiktor’s book of business. Allstate’s hand-picked buyer, Daniel Truskowski, offered to buy Wiktor’s book of business at a price that was less than the price that Hart previously had offered to Wiktor.
1085. Wiktor informed Allstate that he did not want to sell his book of business to Truskowski. In March 2002, Watters told Wiktor: “I can’t tell you what to do. I’d take the
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money. You’re going to be out of here one way or the other,” or words to that effect. Allstate thus left Wiktor with no option but to begin negotiating with Truskowski over the sale of his book of business.
1086. On or about March 27, 2002, Wiktor received an e-mail from Richardson’s office, informing Wiktor that his relationship with Allstate would cease on April 1, even though Wiktor had not yet completed the sale of his book of business to Truskowski and had not executed Allstate’s documents permiting the company to transfer this book of business to Truskowski.
1087. Unlike other Allstate agents who sold their bookof business, Wiktor was forced to stop working and to abandon his agency before he was able to consummate the sale of his book of business. Allstate turned off Wiktor’s computers and otherwise forced him to leave his agency by March 31, 2002, in order to retaliate against him for filing charges of discrimination and retaliation with the EEOC and for participating in the Romero I lawsuit.
1088. After Allstate forced Wiktor to abandon his agency, Wiktor attempted to establish a new independent insurance agency. Wiktor attempted to contract with several insurance companies to sell their insurance products, and by December 2002, Wiktor was informed by Progressive Casualty Company (“Progressive”) that the company would enter into a contract with his agency.
1089. In December 2002, after Wiktor was informed that Progressive was going to enter into an agreement with him, Wiktor called the company to discuss a ministerial matter. Wiktor’s call was eventually transferred to a Progressive manager who, at first, did not reveal his identity to Wiktor. After probing Wiktor about his employment with Allstate, the manager revealed his identity to Wiktor as Darrell Stark, a former Allstate Territorial Agency Manager.
1090. During the call, Stark intimated that Allstate would cooperate with him in blocking Wiktor from contracting with Progressive by, among other things, providing Stark with
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information that could be harmful to Wiktor. Specifically, Stark told Wiktor that he knew all about the Romero I lawsuit and Wiktor’s involvement in it, that he had friends and family still at Allstate, that he could at any time pick up the phone and call Allstate and obtain from Allstate any information on Wiktor, and that Wiktor would never get a contract with Progressive as long as Stark was with the company, or words to that effect.
1091. After Wiktor’s telephone call with Stark, Progressive stopped communicating with Wiktor and Wiktor was unable to enter into a contract with Progressive.
Dwight English 1092. On November 25, 2002, Dwight English (represented by Plaintiff Burton English) applied for the position of Allstate Property Services Specialist that Allstate posted on a job search internet web site by sending an email to Allstate with an attached resume. 1093. On November 26, 2002, Dwight English sent his resume to Allstate by facsimile and U.S. mail. Allstate did not acknowledge receipt of English’s e-mail application for the Property Services Specialist position, so on that day English also sent Allstate another e-mail application for the position. 1094. On December 10, 2002, Dwight English sent an e-mail to Allstate requesting that the company acknowledge that it had received his application. Allstate, however, refused to respond or even acknowledge that it had considered his application for employment. Allstate refused to respond to English or to consider his employment application in retaliation against English for filing charges of discrimination and retaliation with the EEOC and for participating in the Romero I lawsuit.
Ron Harper 1095. In November 2003, Plaintiff Ron Harper sold his book of business to Alan Hay, a new Allstate agent. Until July 2004, Hay continued to operate his Allstate agency out of the
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same office suite from which Harper had operated his Allstate agency. This office suite is located in a commercial building owned by Ron Harper.
1096. In July 2004, Hay moved his Allstate agency to another suite located in Harper’s building. This move was approved in advance by Allstate. From November 2003, the Allstate agency owned by Hay paid rent to Ron Harper.
1097. Even though Hay apparently operated a profitable Allstate agency, Hay came to the decision to sell his book of business. In January 2005, Allstate made it known to Hay and one or more potential purchasers that it would not approve any sale of the book of business to a qualified purchaser unless and until Hay and the buyer moved the Allstate agency out of Harper’s commercial building. Hay subsequently entered into an agreement to sell his book of business to Allstate agent Tom Sorrells. As a result of the condition imposed by Allstate concerning the relocation of Harper’s former book of business, Sorrells apparently agreed to move the Allstate agency out of Harper’s commercial building after the sale is completed on or about March 31, 2005.
1098. Allstate imposed the condition that the buyer of Harper’s former book of business agree to move the agency out of Harper’s commercial building in order to retaliate against Harper because he filed charges of discrimination and retaliation with the EEOC and became a plaintiff in Romero I. As a result of Allstate’s retaliation, Harper is forced to locate a new tenant for the offices occupied by Hay’s agency and stands to suffer further financial injury.
CLASS ALLEGATIONS (Romero I-II) A. ALLEGATIONS RELATING TO ALL ROMERO I CLASS MEMBERS
1099. With respect to the claims set forth in COUNTS I, II and VII of this Complaint, plaintiffs bring this action as a class action pursuant to Rule 23(b)(1)(A) and (B), (b)(2) and/or (b)(3) of the Federal Rules of Civil Procedure on behalf of themselves and the presently
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ascertainable class comprised of all persons employed by Allstate as insurance agents pursuant to a R830 or R1500 contract whose employment contract was terminated by Allstate between November 10, 1999 and December 31, 2000, as a result of the Program (collectively, the “class”). Plaintiffs’ claims warrant the creation of the class because the requirements of Rule 23(a) and (b) are present in COUNTS I, II and VII.
1100. Numerosity. The number of individuals in the class is approximately 6,200. It would be impracticable to bring all such individuals before the Court as individual plaintiffs through joinder.
1101. Typicality. The claims of each of the named plaintiffs who was subject to the Program are typical of the claims of all members of the class because, among other reasons: (a) they all challenge the validity of an identical release purporting to waive their statutory and common law rights; (b) the employment contract of each of them was terminated as a result of a single company-wide directive made at the most senior level of Allstate management; (c) they all assert claims based upon allegations that such directive was made substantially for the purpose of denying them benefits to which they were or might have become entitled under the Plans; and (d) they all assert claims based upon allegations that such directive betrayed a relationship of a “special confidence” that existed between them and Allstate and, hence, violated Allstate’s fiduciary duty to act in good faith and with due regard to their interests.
1102. Adequacy of Representation. Any subgroup of the named plaintiffs subject to the Program would adequately represent the class because: (a) the plaintiffs are willing and able to represent the proposed class and have every incentive to pursue this action to a successful conclusion; (b) their interests are not in any way antagonistic to those of absent members of the Class; and (c) they have engaged counsel experienced in litigating major class actions in the field of employment and other complex commercial litigation.
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1103. Commonality and Predominance. There are numerous questions of law and fact common to all class members, that predominate over any individual questions, including: (a) whether the Release is invalid and unenforceable, including what level of deference should be given to the EEOC’s determination that it is; (b) whether a major purpose of Allstate’s directive terminating their employment contracts was to interfere with the attainment of benefits to which the members of the class were or might have become entitled under the Plans; (c) whether a major purpose of Allstate’s decision to create a one-to-two-year moratorium on rehiring the employee agents was to interfere with the attainment of benefits to which the members of the class were or might have become entitled under the Plans; (d) whether, by virtue of the relationship between them, class members reposed a “special confidence” in Allstate which, in turn, gave rise to certain fiduciary duties on the part of Allstate to act in good faith and with due regard to their interests; and (e) whether Allstate’s directive terminating the employment contracts of all class members violated those fiduciary duties.
1104. Propriety Of Class Certification Under Rule 23(b)(1)(A) and (B). Class certification for COUNTS I and II is appropriate under Rule 23(b)(1)(A) and (B). As set forth above, COUNTS I and II present numerous common issues. A substantial number of separate actions almost certainly would be brought against the defendants in the absence of a class action. The design and implementation of the Program, including the requirement of signing the Release, were uniform with regard to all class members. Accordingly, Plaintiffs have sought broad declaratory and injunctive relief which would affect the entire class. If individual class members were independently to bring suits against the defendants, and if courts were to grant relief in some actions and not in others, any conflicting declaratory and injunctive relief could make Allstate's compliance impossible. Moreover, inconsistent judgments regarding Allstate’s conduct and remedial relief would affect the interests of all class members, because: (a) they all
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were required to sign the Release to continue their agency relationship with Allstate or receive a form of enhanced severance benefits; (b) they all had their employment contracts terminated under the Program; (c) they were all participants in, beneficiaries of and/or covered by the Plans, and (d) the rights of all of the class members to benefits under the Plans were affected by Allstate's conduct and the Program. Consequently, any inconsistent judgments would result in prejudice to absent class members who are unable to protect their interests.
1105. Propriety Of Class Certification Under Rule 23(b)(2). Class certification is appropriate for COUNTS I and II under Rule 23(b)(2) because Allstate has acted and/or refused to act on grounds generally applicable to the class, thereby making declaratory and final injunctive relief appropriate. Such generally applicable grounds consist of Allstate’s conduct in: (a) conditioning the right of all class members to pursue their careers and livelihoods and to preserve their investments on their executing an invalid and unenforceable release of their statutory and common law rights; and (b) terminating the employment contracts of all class members for purposes of interfering with their attainment of benefits to which they were or might have become entitled under the Plans.
1106. Propriety Of Class Certification Under Rule 23(b)(3). Class certification is also appropriate for COUNTS II and VII of this Complaint under Rule 23(b)(3). As set forth above, questions of law and fact common to the class predominate over questions affecting only individual members. Moreover, a class action is superior to other available methods for the fair and efficient adjudication of this litigation. Inasmuch as all members of the class allege violations of ERISA Section 510 and that Allstate breached a fiduciary duty arising out of the “special confidence” employee agents had placed in Allstate, requiring each class member to pursue his or her claim individually would entail needless duplication, would waste the resources of the parties and the Court, and would risk inconsistent adjudications.
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B. ALLEGATIONS RELATING TO MEMBERS OF EACH ROMERO I SUBCLASS 1107. As set forth below, in addition to seeking certification of a class of agents subject
to the Program, Plaintiffs seek certification of two subclasses—an R830 Agent Subclass and an R1500 Agent Subclass—for which certification is warranted with respect to the claims for breach of contract set forth in COUNTS V and VI because each subclass satisfies the threshold requirements of Rule 23(a) and (b).
1108. With respect to COUNT V of this Complaint, the R830 Plaintiffs—including, among others, Benoit, Bever, Carrier, Crease, Kelly, Gafner, M. Kearney, T. Kearney, Lankford, Maslowski, Millison, Moorehead, Perkins, Peterson, Pilchak, Trgovich, Wandner, Wiktor, Wittman and Wolverton—seek certification of the following presently ascertainable subclass (the “R830 subclass”) pursuant to Rule 23(c)(4):
All persons employed by Allstate as insurance agents pursuant to an R830 contract whose employment contract was terminated by Allstate between November 10, 1999 and December 31, 2000, as a result of the Program. 1109. With respect to COUNTS VI, R1500 Plaintiffs—including, among others, Boyd, P. Cobb, English, Harper, Lawson, Littlejohn, Reinerio, Romero, Shirley and Weisman—seek certification of the following presently ascertainable subclass (the “R1500 subclass”) pursuant to Rule 23(b)(4): All persons employed by Allstate as insurance agents pursuant to an R1500 contract whose employment contract was terminated by Allstate between November 10, 1999 and December 31, 2000, as a result of the Program. 1110. Numerosity. The number of individuals in the R830 and R1500 subclasses is approximately 3,200 and 3,000 respectively. With respect to both subclasses, it would be impracticable to bring all such individuals before the Court as individual plaintiffs through joinder.
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1111. Typicality. The claims of the named R830 and R1500 Plaintiffs are typical of the claims of the R830 and R1500 subclasses because, among other reasons: (a) the relationship between the named R830 and R1500 Plaintiffs and the R830 and R1500 subclasses they seek to represent were governed by the same forms of R830 and R1500 contract; and (b) the named R830 and R1500 Plaintiffs and the R830 and R1500 subclasses they seek to represent all allege that Allstate breached its express and/or implied obligations under the R830 and R1500 contracts by terminating them without “good cause,” and without affording them a reasonable period to make good on their continuing investments.
1112. Adequacy of Representation. The named R830 and R1500 Plaintiffs, or any subgroup of them, are adequate representatives of the R830 and R1500 subclasses, respectively, because: (a) they are willing and able to represent the proposed subclasses and have every incentive to pursue this action to a successful conclusion; (b) their interests are not in any way antagonistic to those of the other subclass members; and (c) they have retained counsel experienced in litigating major class actions in the field of employment and other complex commercial litigation.
1113. Commonality and Predominance. There are numerous questions of law and fact common to the R830 and R1500 subclasses that predominate over any individual questions including: (a) whether Allstate was obligated under the R830 and R1500 contract not to terminate their employment without “good cause”; (b) whether Allstate terminated them without “good cause”; (c) whether Allstate followed its rules, regulations and procedures in terminating their employment; and (d) whether, by virtue of their continuing investments and other ties to Allstate arising out of their contractual relationship with Allstate, Allstate was obligated under the R830 and R1500 contracts not to terminate them and threaten to confiscate their investments without affording them a reasonable period to make good on those investments.
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1114. Propriety of Class Certification Under Rule 23(b)(3). Class certification for COUNTS V and VI is appropriate under Rule 23(b)(3). As set forth above, questions of law and fact common to the R830 and R1500 subclasses predominate over questions affecting only individual members. Moreover, a class action is superior to other available methods for the fair and efficient adjudication of this litigation. Inasmuch as all members of each of the subclasses allege that they were subjected to the same wrongful decision to terminate their employment in breach of the R830 and R1500 contracts, requiring each member of the R830 and R1500 subclasses to pursue his or her claim individually would entail needless duplication, would waste the resources of both the parties and the Court, and would risk inconsistent adjudications.
C. ALLEGATIONS RELATING TO MEMBERS OF THE COLLECTIVE ACTION 1115. With respect to their claims for age discrimination and retaliation in violation of
the ADEA, all ADEA Plaintiffs seek certification of COUNT IV of the following presently ascertainable subclass (the “ADEA subclass”) pursuant to 29 U.S.C. § 216(b) (which is incorporated into the ADEA by reference):
All persons employed by Allstate as insurance agents pursuant to an R830 or R1500 contract whose employment contract was terminated by Allstate between November 10, 1999 and December 31, 2000, as a result of the Program, who were age forty and over as of the date of their termination and who file a consent to join this action with the Court. 1116. ADEA Plaintiffs’ claims under the ADEA warrant the creation of a collective action because the named ADEA Plaintiffs, who were age forty (40) and over at the time of the termination of their employment through the Program, are similarly situated to the class of persons they seek to represent in this collective action. All had positions as employee agents of Allstate and were terminated as a result of a single discriminatory program designed and implemented at the highest levels of Allstate’s management, and all are seeking the same relief. Some of the ADEA collective action members, including one of the ADEA Plaintiffs, also have CONSOLIDATED AMENDED COMPLAINT - 222 -

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a claim that Allstate retaliated against them in violation of the ADEA by terminating their employment because they refused to sign the Release. D. ALLEGATIONS RELATING TO THE ERISA CONVERTED AGENT CLASS
1117. With respect to their claims arising from the unlawful cutback of early retirement benefits in violation of 29 U.S.C. § 1054(g)(1) and (2)(A), the named ERISA Converted Agent Plaintiffs – including Bever, Carrier, Cobb, Crease, Harper, M. Kearney, Lawson, Littlejohn, Maslowski, Millison, Murray, Penzo, Peterson, Weisman, Wiktor, Wittman, and Wolverton – seek certification of the following presently ascertainable class (collectively, the “ERISA Converted Agent Class”) pursuant to Rule 23(b)(2) and/or (3):
All persons (a) who provided less than twenty years of continuous service to Allstate as employee agents prior to June 30, 2000; and (b) who, upon being instructed that they could no longer remain in the service of Allstate unless they became “exclusive agent independent contractors,” signed an R3001S or R3001C Agreement and continued to provide compensated service to Allstate pursuant to that Agreement. 1118. Numerosity. The number of individuals in the ERISA Converted Agent Class is in excess of 4,000. It would be impracticable to bring all, or even a substantial percentage of, such individuals before the Court as individual plaintiffs through joinder. 1119. Typicality. The claims of the ERISA Converted Agent Plaintiffs are typical of the claims of all members of the ERISA Converted Agent Class because, among other reasons: (a) the relationship between each of them and Allstate is governed by the same or substantially the same R3001S contract; and (b) they all assert claims based upon allegations that Allstate has denied them early retirement benefits to which they are or may become eligible under ERISA and the Pension Plan by refusing to count the service they have provided Allstate under the R3001S contract as “service” within the meaning of the Pension Plan. 1120. Adequacy of Representation. The ERISA Converted Agent Plaintiffs are adequate representatives of the ERISA Converted Agent Class because: (1) they are willing and
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able to represent the proposed class and have every incentive to pursue this action to a successful conclusion; (2) their interests are not in any way antagonistic to those of the other ERISA Converted Agent Class members; and (3) they have retained counsel experienced in litigating major class actions in the field of employee benefits and other complex litigation.
1121. Commonality and Predominance. There are numerous questions of law and fact common to the ERISA Converted Agent Class that predominate over any individual question, including: (a) whether, under the terms of the Pension Plan and Allstate’s prior interpretation of that plan, compensated service (including service as an “exclusive agent independent contractor”) provided to Allstate counted as “service” for purposes of determining eligibility for early retirement benefits; (b) whether agents who provide service to Allstate under the R3001 or R3001S contract are “employees” of Allstate within the meaning of 29 U.S.C. § 1002(6); and (c) whether in amending the Pension Plan to preclude service as a so-called “exclusive agent” from counting as service for purposes of determining eligibility for such benefits, Allstate violated the “anti-cutback” rule embodied in 29 U.S.C. § 1054(g)(2).
1122. Propriety Of Class Certification Under Rule 23(b)(2). Class certification is appropriate under Rule 23(b)(2) because Allstate has acted and/or refused to act on grounds generally applicable to the ERISA Converted Agent Class, thereby making declaratory and final injunctive relief appropriate. Such generally applicable grounds consist of Allstate’s conduct in refusing to count compensated service provided by members of the converted agent class to Allstate under their contract as “service” for purposes of determining eligibility for early retirement benefits under the Pension Plan.
1123. Propriety Of Class Certification Under Rule 23(b)(3). Class certification is also appropriate under Rule 23(b)(3). As set forth above, questions of law and fact common to the ERISA Converted Agent Class predominate over questions affecting only individual members.
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Moreover, a class action is superior to other available methods for the fair and efficient adjudication of this litigation. Inasmuch as all members of the ERISA Converted Agent Class allege that they were subjected to the same unlawful decision to refuse to count service under any version of the R3001 contract as “service” under the Pension Plan, requiring each class member to pursue his or her claim individually would entail needless duplication, would waste the resources of both the parties and the Court, and would risk inconsistent adjudications. E. ALLEGATIONS RELATING TO THE ERISA RETIRED AGENT CLASS
1124. With respect to their claims for breach of fiduciary duty based on violations of section 29 U.S.C. § 1104(a), the named ERISA Retired Agent Plaintiffs – including Romero, Boyd, Kelly, T. Kearney, Lankford, Moorehead, Perkins, Pilchak, Reinerio, Schott, Trgovich, and Wandner – seek certification of the following presently ascertainable class (collectively, the “ERISA Retired Agent Class”) pursuant to Rule 23(b)(2) and/or (3):
All persons (a) who provided less than twenty years of continuous service to Allstate as “employee agents” prior to January 1, 2001; and (b) who, upon being instructed that they could no longer remain in the service of Allstate unless they signed an R3001S or R3001C Agreement and became “exclusive agent independent contractors,” elected to retire from the service of Allstate between November 10, 1999 and December 31, 2000. 1125. Numerosity. The number of individuals in the ERISA Retired Agent Class is in excess of 2,500. It would be impracticable to bring all, or even a substantial percentage of, such individuals before the Court as individual plaintiffs through joinder. 1126. Typicality. The claims of the ERISA Retired Agent Plaintiffs are typical of the claims of all members of the retired agent class because, among other reasons: (a) they all assert claims based upon allegations that Allstate and/or the Administrator breached their fiduciary obligations to them by misrepresenting that service provided under the R3001S contract does not count as “service” for purposes of determining eligibility for early retirement benefits under the Pension Plan; (b) they all assert that the Administrator breached its fiduciary obligations to them
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in failing to correct a misrepresentation that it knew or should have known was false and materially misleading; and (c) they all relied upon the aforementioned misrepresentations in declining to execute the R3001S contract.
1127. Adequacy of Representation. The ERISA Retired Agent Plaintiffs are adequate representatives of the Retired Agent Class because: (1) they are willing and able to represent the proposed class and have every incentive to pursue this action to a successful conclusion; (2) their interests are not in any way antagonistic to those of the other ERISA Retired Agent Class members; and (3) they have retained counsel experienced in litigating major class actions in the field of employee benefits and other complex litigation.
1128. Commonality and Predominance. There are numerous questions of law and fact common to the ERISA Retired Agent Class that predominate over any individual questions, including: (a) whether, under the terms of the Pension Plan and Allstate’s prior interpretation of that plan, compensated service (including service as an “exclusive agent independent contractor”) provided to Allstate counted as “service” for purposes of determining eligibility for early retirement benefits; (b) whether agents who provide service to Allstate under the R3001S contract are “employees” of Allstate within the meaning of 29 U.S.C. § 1002(6); (c) whether, in stating that service provided under the R3001S contract does not count as “service” for purposes of determining eligibility for early retirement benefits under the Pension Plan, Allstate and/or the Administrator made a material misrepresentation in breach of their fiduciary obligations; and (d) whether, in failing to correct such misrepresentation, the Administrator committed a misrepresentation by remaining silent when it had a duty to speak.
1129. Propriety of Class Certification Under Rule 23(b)(2). Class certification is appropriate under Rule 23(b)(2) because Allstate and the Administrator have acted and/or refused to act on grounds generally applicable to the class, thereby making declaratory and final
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injunctive relief appropriate. Such generally applicable grounds consist of the conduct of Allstate and/or the Administrator in: (a) making misrepresentations regarding whether or not service provided under the R3001S contract counts as “service” for purposes of determining eligibility for early retirement benefits under the Pension Plan; and (b) failing to correct such misrepresentation.
1130. Propriety Of Class Certification Under Rule 23(b)(3). Class certification is also appropriate under Rule 23(b)(3). As set forth above, questions of law and fact common to the class predominate over questions affecting only individual members. Moreover, a class action is superior to other available methods for the fair and efficient adjudication of this litigation. Inasmuch as all members of the ERISA Retired Agent Class allege that they relied upon the same material misrepresentations and omissions concerning the issue whether service provided under the R3001S contract counts as “service” under the Pension Plan, requiring each class member to pursue his or her claim individually would entail needless duplication, would waste the resources of both the parties and the Court, and would risk inconsistent adjudications. F. ALLEGATIONS RELATING TO THE BEEF-UP CLASS
1131. With respect to their claims related to Allstate’s reduction and elimination of “beefed-up” early retirement benefits in violation of the anti-cutback rule embodied in 29 U.S.C. § 1054(g)(2), the ERISA § 204(g)(2) Plaintiffs seek certification of the following presently ascertainable class (collectively, the “Beef-Up Class”) pursuant to Rule 23(b)(2) and/or (3):
All persons who (a) were employed by Allstate as an employee agent under an R830 or R1500 Agreement; (b) remained in the service of Allstate as an employee agent after December 31, 1991; and (c) had not attained the age of 55 as of December 31, 1991. 1132. Numerosity. The number of individuals in the Beef-Up Class is in excess of 10,000. It would be impracticable to bring all, or even a substantial percentage of, such individuals before the Court as individual plaintiffs through joinder. CONSOLIDATED AMENDED COMPLAINT - 227 -

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1133. Typicality. The claims of the ERISA § 204(g)(2) Plaintiffs are typical of the claims of all members of the Beef-Up Class because, among other reasons: they all assert claims based upon allegations that Allstate has denied them “beefed-up” early retirement benefits and/or the opportunity to obtain “beefed-up” early retirement benefits by amending the Pension Plan to phase-out and ultimately to eliminate such benefits in violation of the “anti-cutback” rule embodied in 29 U.S.C. § 1054(g)(2).
1134. Adequacy of Representation. The ERISA § 204(g)(2) Plaintiffs are adequate representatives of the Beef-Up Class because: (1) they are willing and able to represent the proposed class and have every incentive to pursue this action to a successful conclusion; (2) their interests are not in any way antagonistic to those of the other Beef-Up Class members; and (3) they have retained counsel experienced in litigating major class actions in the field of employee benefits and other complex litigation.
1135. Commonality and Predominance. There are numerous questions of law and fact common to the beef-up class that predominate over any individual question, including whether, in amending the Pension Plan in 1991, and again in 1994, in an attempt to phase out and ultimately eliminate eligibility for “beefed-up” early retirement benefits Allstate violated the “anti-cutback” rule embodied in 29 U.S.C. § 1054(g)(2).
1136. Propriety Of Class Certification Under Rule 23(b)(2). Class certification is appropriate under Rule 23(b)(2) because Allstate has acted and/or refused to act on grounds generally applicable to the class, thereby making declaratory and final injunctive relief appropriate. Such generally applicable grounds consist of Allstate’s conduct in amending the Pension Plan in 1991, and again in 1994, in an attempt to phase out and ultimately to eliminate eligibility for “beefed-up” early retirement benefits in violation of the “anti-cutback” rule embodied in 29 U.S.C. § 1054(g)(2).
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1137. Propriety Of Class Certification Under Rule 23(b)(3). Class certification is also appropriate under Rule 23(b)(3). As set forth above, questions of law and fact common to the class predominate over questions affecting only individual members. Moreover, a class action is superior to other available methods for the fair and efficient adjudication of this litigation. Inasmuch as all members of the beef-up class allege that they were subjected to the same unlawful decision to amend the Pension Plan to phase out and ultimately to eliminate “beefedup” early retirement benefits, requiring each class member to pursue his or her claim individually would entail needless duplication, would waste the resources of both the parties and the Court, and would risk inconsistent adjudications.
CLAIMS COUNT I DECLARATORY JUDGMENT: INVALIDITY OF THE RELEASE UNDER ERISA, THE ADEA AND COMMON LAW (On Behalf Of All Plaintiffs,10 Except Wendt, and the Class11 Against Allstate) 1138. Plaintiffs restate and reallege the prior allegations contained in this Complaint as though set forth here in full. 1139. As employees of Allstate, class members had a right not to be terminated from employment: (a) on the basis of their entitlement or anticipated entitlement to employee benefits under Section 510 of ERISA (“Section 510”), 29 U.S.C. § 1140; (b) on the basis of age once they attained the age of forty (40) under the ADEA; and/or (c) without “good cause” and without being afforded a reasonable time to make good on their investments in accordance with the express and implied terms of their employment agreements with Allstate.

10

A judgment order has been entered that the Release is unenforceable as to all federal and state law claims

of original Plaintiffs Boyd, Crease, Harper, M. Kearney, Kelly, Lawson, Peterson, and Reinerio. (5/3/16 Order, Dkt.

No. 856).

11

Although the Court declined to certify a class of Release-signers for purposes of proving the invalidity of

the Release on certain theories (10/6/14 Mem. Op., Dkt. No. 477), its decision has not been subject to review on

appeal. The class claim is therefore retained for appeal purposes.

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1140. Prior to the implementation of the Program, class members had devoted the prime of their professional careers to obtaining and servicing customers on Allstate’s behalf and invested substantial personal resources to create a profitable book of business based on Allstate’s promises of job security and financial protection.
1141. As part of its Program, Allstate informed class members that it would terminate their employment status by June 30, 2000, and presented them with the Release, which purported to bar the agents from filing “charges . . . including any claims for age or other types of discrimination prohibited by the [ADEA]”, and under which they would have to relinquish, among other rights, their rights to challenge the termination of their employment on the ground that it violated Allstate’s statutory obligations under the ADEA and ERISA, as well as its contractual and fiduciary obligations. Allstate further informed class members that they could sign the Release and, thereby, either: (a) continue in the service of Allstate as “captive” agents but as purported “independent contractors” who were treated as ineligible for pension and other employee benefits; or (b) cease providing service to Allstate upon selling their books of business or in exchange for certain severance payments. Alternatively, class members had the “option” of refusing to sign the Release, whereby they would be left with no means to make good on their investments or to continue practicing their profession as insurance agents.
1142. Although class members were facing involuntary termination through no fault of their own, Allstate (a) denied them the right to convert to Exclusive Agent without signing the Release (as they had been able to do since 1990); (b) threatened to enforce, against those who did not sign the Release and convert, the non-compete restrictions in the R830 and R1500 contracts as well as a purported contractual ban on ever contacting any of their Allstate customers (even relatives) for any commercial purpose; and (c) belatedly and self-servingly labeled the Program a “group reorganization,” with base severance under the Agent Transition Severance Plan as the
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default option, to deny no-strings-attached severance to departing agents and force them to sign the Release in order to receive anything other than nominal severance, thereby imposing on the departing agents additional, onerous post-termination obligations under the Agent Transition Severance Plan. Allstate’s actions and threats were unconscionable, in bad faith, deceitful and otherwise wrongful and/or unlawful and left class members no reasonable choice but to sign the Release.
1143. The EEOC determined that the Release was unlawful and retaliatory and informed numerous employee agents of its preliminary determination prior to the June 1, 2000 deadline for executing the Release.
1144. Facing with these alternatives (and many believing that the Release was invalid and unenforceable), all but about 20 or so of the approximately 6,200 employee agents subject to the Program (or more than 99.7 percent) ultimately signed the Release.
1145. The Release was part and parcel and in furtherance of an unlawful scheme to interfere with the attainment of rights to which employee agents were entitled or may have become entitled under the Plans, to rid the company of older employees and to otherwise retaliate against the 6,200 or so employee agents who had refused to convert to the R3001 contract since October 1990.
1146. In view of the dire consequences that would result from a failure to execute the Release, Allstate’s repeated material misrepresentations concerning the rights and consequences of agents leaving Allstate’s service as opposed to signing the Release and continuing in that service, the preliminary determination of the EEOC, and the totality of the circumstances, the decision of class members to sign the Release was made under duress, and was neither knowing nor voluntary and, hence, is invalid and unenforceable under the ADEA, ERISA and the common law.
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1147. Because Allstate acted with unclean hands in securing the Release from class members, thereby affecting the balance of equities between the parties, Allstate is precluded from enforcing the Release.
1148. Inasmuch as Plaintiffs received no consideration in addition to anything of value to which they already were entitled in exchange for executing the Release, it is invalid and unenforceable under the ADEA, ERISA and the common law.12
1149. Even if Plaintiffs who signed the Release had received something of value to which they were not already entitled, the tender-back doctrine does not preclude them from challenging the Release.
1150. Because the Release does not contain a covenant not to sue, a failure to tender back purported “consideration” before suing Allstate and challenging the Release does not deprive Allstate of the benefit of its contractual bargain.
1151. In addtion, if the Release, which merely gives rise to an affirmative defense to Plaintiffs’ claims, is determined to be invalid, Allstate would be made whole to the extent possible through a set-off of the amount of the “consideration” it allegedly gave for the Release against the amount of any monetary damages awarded to Plaintiffs.
1152. Furthermore, the tender-back doctrine does not preclude Plaintiffs from challenging the Release because a substantial part of the purported consideration that many Plaintiffs received were intangible benefits, such as the ability to continue working as Allstate insurance agents or to sell their books of business. By their nature, such intangible benefits are not capable of being returned to Allstate.13

12

Although the Court rejected Plaintiffs’ lack of consideration argument in its 2014 summary judgment

decision (Dkt. No. 454), that decision has not yet been subject to review on appeal.

13

Since 2001, the Release-signing Romero Plaintiffs have been raising the consideration conumdrum that

precludes the application of the tenderback doctrine with respect to their state law claims. Although they sought

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1153. In addition, the purported consideration some Plaintiffs received in exchange for the Release also constituted consideration given for other obligations undertaken by those Plaintiffs, e.g., for compliance with a two-year non-compete/non-solicitation restriction and broad confidentiality obligation.
1154. In any event, it would have been futile for Plaintiffs to tender back the purported consideration that could be returned because Allstate refused offers made by some Plaintiff to return alleged consideration and made clear that it would also reject any such offers.
1155. Moreover, Allstate has waived any tender-ratification defense to Plaintiffs’ common law claims and challenges to the Release by failing to raise it before the Third Circuit in 2007 as a basis to affirm summary judgment in its favor, during summary judgment briefing on the Release in 2013, or in connection with the first Release trial in 2015.
1156. Should it be determined that Allstate did in fact give Plaintiffs consideration to which they were not otherwise entitled in exchange for executing the Release, Plaintiffs offer to return said consideration to the extent that (i) a return of consideration is necessary to avoid ratification of the Release and (ii) such consideration is capable of being returned as determined by the Court.
1157. In conditioning the continuance of their service and agency relationship with Allstate on Plaintiffs’ waiver of their rights under federal remedial statutes such as the ADEA and ERISA, the Release is in violation of public policy and, hence, invalid and unenforceable.
1158. In view of the vast disparity in bargaining power between Allstate and Plaintiffs, the grossly oppressive and one-sided terms of the Release, the fact that the Release was presented to Plaintiffs on a “take-it-or-leave-it” basis without any opportunity for negotiation, Allstate’s repeated misrepresentations concerning the rights and consequences of agents who left
judicial guidance on the issue on multiple occassions during this litigation, including from the Third Circuit, none
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Allstate’s service as opposed to signing the Release and continuing in that service, and considerations of public policy, the Release is unconscionable and, hence, invalid and unenforceable under the ADEA, ERISA and the common law.
1159. In threatening to terminate the agency relationships of its employee agents and to confiscate their capital investments in the company unless they signed the Release waiving their rights to pursue their claims under the ADEA and ERISA and refrained from bringing such claims, Allstate has engaged in retaliatory conduct in violation of 29 U.S.C. §§ 623(d) and 1140. Inasmuch as they were procured by means of such unlawful retaliatory conduct, the Releases are invalid and unenforceable under the ADEA and ERISA.14
1160. The Release also is invalid and unenforceable because it does not satisfy the requirements set forth in the OWBPA, including, but not limited to, the requirement that any release that purports to waive ADEA rights inform employees who are subject to a termination program of the job titles and ages of all individuals in the same “job classification” or “decisional unit” who are not subject to that program. In particular, Allstate failed to provide the requisite information prescribed by the OWBPA to Plaintiffs concerning agents in West Virginia, who were not subject to the Program, and agents in Montana who were subject to the Program, and the more then 8,000 agents who had been hired as “exclusive agent independent contractors” under the R3001 contract since October 1990.15
COUNT II INTERFERENCE WITH EMPLOYMENT AND RETALIATION IN VIOLATION OF
SECTION 510 (On Behalf Of All Plaintiffs, Except Wendt, and the Class Against Allstate And Liddy)

has yet to be provided.

14

This allegation is retained for appeal purposes. Plaintiffs acknowledge the Court has rejected as a matter of

law the argument that Allstate’s use of the Release constituted unlawful retaliation.

15

This allegation is retained for appeal purposes. Although the Court concluded that the Release complied

with the OWBPA, that decision has not yet been reviewed on appeal.

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1161. Plaintiffs restate and reallege the prior allegations contained in this Complaint as though set forth here in full.
1162. Allstate designed and implemented the Program with the intention of interfering with employee agents’ attainment and receipt of benefits under the Plans. As part of its unlawful scheme, Allstate informed Plaintiffs that it would terminate their status as employees, and its agency relationship with them entirely, unless each of them signed the Release and entered into an R3001S contract.
1163. By implementing the Program, Allstate severed its employment relationship with approximately 6,200 of its employee agents, the class members. Allstate permitted those agents who agreed to become so-called “exclusive agent independent contractors” and who signed the Release to continue in Allstate’s service as captive agents under the R3001S contract, but without pension and other employee benefits. With respect to those class members who refused to sign the Release, and were unwilling to perform the same job as so-called “independent contractors,” Allstate refused to permit them to remain in its service and terminated its employment and agency relationships with them entirely.
1164. Almost immediately after terminating the employment status of all class members, Allstate implemented a company-wide policy barring rehiring and employment of any former agents who were subject to the Program for a period of at least one year.
1165. Both in discharging each of the Plaintiffs and in imposing a moratorium on rehiring them, Allstate and Liddy acted with the specific intent of interfering with the attainment of rights to which Plaintiffs were entitled or may have become entitled under the Plans.
1166. Both the discharge of each of the class members and the imposition of the rehiring policy constitute acts of retaliation against class members for exercising the rights to which they were entitled under the Plans and ERISA. CONSOLIDATED AMENDED COMPLAINT - 235 -

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1167. The conduct of Allstate and Liddy as set forth in this COUNT II is in violation of

ERISA Section 510.

1168. As a result of the unlawful conduct of Allstate and Liddy as set forth in this

COUNT II, class members have suffered losses, including but not limited to, termination of

employment and loss of benefits.

COUNT III16

RETALIATION IN VIOLATION OF SECTION 510 (On Behalf Of The Holdout Plaintiffs Against Allstate and Liddy)

1169. The Holdout Plaintiffs—Joseph Benoit, Michael Justinger, Wade Logan, Ian

O’Connor, Monty Webb, Robert Wilson, Oscar Young, Carmon David Green, and Kenneth Lee

Kohler—restate and realleges the prior allegations contained in this Complaint as though set

forth here in full.

1170. In implementing the Program, Allstate informed all of the class members that it

would terminate their status as employees and its agency relationship with them entirely unless

each of them signed the Release and agreed to become so-called “exclusive agent independent

contractors.”

1171. Class members who signed the Release were given the option of remaining in the

service of Allstate as so-called “exclusive agent independent contractors” under the Forced

Conversion Option, converting to the R3001S contract and selling their entire books of business

under the Forced Sale Option, or receiving certain severance benefits under the Forced

Severance Option. Allstate terminated its employment and agency relationships with class

members who did not sign the Release on or before December 31, 2000.

16

Count III is retained for appeal purposes. Plaintiffs acknowledge the Court has rejected the claim—also

advanced by the EEOC in its previously consolidated action—that Allstate retaliated against Holdouts by

terminating their agency relationship for failing to sign the Release.

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1172. As a result of the refusal of the Holdout Plaintiffs to sign the Release, Allstate and Liddy have denied them the right to remain in the service of Allstate, whether as so-called “exclusive agent independent contractors” or employees, and to recoup the investments they made in the company and their agencies.
1173. In severing the agency relationship of the Holdout Plaintiffs and confiscating the book of business and other investments each made in the company in retaliation for refusing to sign the Release, Allstate and Liddy have violated ERISA Section 510.
1174. As a result of the unlawful conduct of Allstate and Liddy as set forth in this COUNT III, the Holdout Plaintiffs have suffered losses, including but not limited to, termination of employment and loss of benefits.
COUNT IV DISCRIMINATORY TERMINATION AND RETALIATION
IN VIOLATION OF 29 U.S.C. § 623(a) and (d) (Disparate Treatment and Disparate Impact)
(On Behalf Of The ADEA Plaintiffs and ADEA Collective Action Against Allstate) 1175. The ADEA Plaintiffs restate and reallege the prior allegations contained in this
Complaint as though set forth here in full. 1176. As part of its Program, Allstate informed all class members, that it would
terminate their employment status and gave each agent the alternative of remaining in Allstate’s service under the R3001S contract or of ending his or her agency relationship with Allstate entirely.
1177. Allstate was aware that over ninety (90) percent of the agents whose employment relationships were to be severed under the Program, including each of the ADEA Plaintiffs and other collective action members, would be forty (40) years of age or older on the date of termination. Allstate understood and expected that a much larger percentage of employee agents
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age forty (40) or older than agents under age forty (40) would have their relationship with Allstate severed entirely under the Program, rather than remain in the company’s service without benefits. Allstate also understood and expected that a much larger percentage of employee agents age forty (40) or older than agents under age forty (40) who continued the relationship beyond June 30, 2000, would discontinue the relationship within a few years because of their unwillingness to remain in Allstate’s service without benefits, or that Allstate itself would sever the relationship within a few years after the Program based on pretexts created through its onerous and discriminatory actions against them.
1178. Allstate did, in fact, terminate the employment contracts under which each of the ADEA collective action members had been hired. Allstate’s actions also did, in fact, result in ADEA collective action members disproportionately leaving the company’s service entirely. Allstate’s actions had a significant and disproportionate adverse and discriminatory impact on employee agents who were age forty (40) and older, in violation of the ADEA. This discriminatory employment practice was not based on reasonable factors other than age and there was no legitimate business reason or purpose for Allstate to terminate its long-time employee agents.
1179. Allstate desired to get rid of ADEA collective action members because of its stereotypes about them and replace them with younger individuals who were subsequently hired as employees in sales and customer service roles or as “exclusive agent independent contractors.” This desire to get rid of its older agents was determinative in its decision to terminate the employment status of the ADEA collective action members.
1180. Allstate’s termination of the ADEA collective action members’ employment and agency relationships with the company constitutes a discriminatory employment practice in willful violation of 29 U.S.C. § 623(a)(1) and in violation of 29 U.S.C. § 623(a)(2).
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1181. Allstate’s decision to impose the R3001S contract, with its less favorable terms than the R3001 contract used prior to November 10, 1999, on the ADEA collective action members who decided to continue their relationship with Allstate after the Program, also constitutes a discriminatory employment practice in willful violation of 29 U.S.C. § 623(a).
1182. As a result of Allstate’s discriminatory conduct as set forth in this Count, the ADEA collective action members have suffered losses, including but not limited to, termination of employment, loss of investment capital, loss of income and loss of benefits.
COUNT V 17 BREACH OF THE R830 CONTRACT (On Behalf Of The R830 Plaintiffs and R830 Subclass Against Allstate) 1183. The R830 Plaintiffs restate and reallege the prior allegations contained in this Complaint as though set forth here in full. 1184. The employment relationship between Allstate and the R830 subclass members is governed by Allstate’s standardized R830 contracts, all or almost all of which were entered into on or before September 30, 1984. 1185. The R830 subclass members fully performed all of their obligations under their R830 contracts with Allstate. 1186. Under the express and implied terms of the R830 contract, Allstate could not terminate the R830 subclass members except for “good cause” and in accordance with the procedures governing termination that are set forth in the R830 contract. 1187. In order to minimize its costs and maximize its profits, Allstate compelled, encouraged and otherwise induced the R830 subclass members to invest substantial personal

17

Although the Court dismissed the Release-signing Plaintiffs’ state law claims (COUNTS V-VII herein) in

2015 based on the tender-ratification doctrine, that decision was the subject of Plaintiffs’ motions for

reconsideration, which the Court dismissed as moot on May 3, 2016, after ordering Plaintiffs to file this consolidated

amended complaint and allowing the parties to timely renew their arguments based thereon. (5/2/16 Order, Dkt.

No. 852 at ¶ 5, 5/3/16 Order, Dkt. No. 854, at 1).

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resources in Allstate’s insurance business since at least October 1, 1984, and continuing for the duration of their employment relationship.
1188. In accepting the financial and other benefits of such investments, Allstate obligated itself, as a matter of law, to continue its employment relationship with the R830 subclass members for at least a reasonable period of time for them to make good on their continuing investment in light of all the circumstances. These circumstances include, but are not limited to, the amount of the investments the R830 subclass members made in Allstate’s insurance business and the duration of the period over which such investments were made.
1189. In implementing the Program, Allstate terminated the employment status of each of the R830 subclass members without “good cause,” without regard to the procedural safeguards set forth in the R830 contract, without affording them a reasonable period to improve their performance to the extent it was regarded as inferior to the performance of Exclusive Agents, and without affording them a reasonable period of time to make good on their investments. Such termination was in material breach of Allstate’s express and implied obligations under the R830 agreement.
1190. As a result of Allstate’s breaches of its contractual obligations, the R830 subclass members have suffered losses, including but not limited to, termination of employment, loss of investment capital, loss of income and loss of benefits.
COUNT VI BREACH OF THE R1500 CONTRACT (On Behalf Of The R1500 Plaintiffs and R1500 Subclass Against Allstate) 1191. The R1500 Plaintiffs restate and reallege the prior allegations contained in this Complaint as though set forth here in full.
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1192. The employment relationship between Allstate and the R1500 subclass members is governed by Allstate’s standardized R1500 contracts, which were entered into between the approximate dates of October 1, 1984 through September 30, 1990.
1193. The R1500 subclass members fully performed all of their obligations under their R1500 contracts with Allstate.
1194. Under the express and implied terms of the R1500 contract, Allstate could not terminate the R1500 subclass members except for “good cause” and in accordance with the procedures governing termination that are expressly or impliedly incorporated into the R1500 contract.
1195. In order to minimize its costs and maximize its profits, Allstate compelled, encouraged and otherwise induced the R1500 subclass members to invest substantial personal resources in Allstate’s insurance business throughout the duration of the existence of their employment relationship.
1196. In accepting the financial and other benefits of such investments, Allstate obligated itself, as a matter of law, to continue its employment relationship with the R1500 subclass members for at least a reasonable period of time for them to make good on their continuing investments in light of all the circumstances. These circumstances include, but are not limited to, the amount of the investments made by the R1500 subclass members and the duration of the period over which such investments were made.
1197. In implementing the Program, Allstate terminated the employment status of each of the R1500 subclass members without “good cause,” without regard to the procedural safeguards governing termination that are expressly or impliedly incorporated into the R1500 contract, without affording them a reasonable period to improve their performance to the extent it was regarded as inferior to the performance of Exclusive Agents, and without affording them a
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reasonable period of time to make good on their continuing investments. Such termination was in material breach of Allstate’s express and implied obligations under the R1500 contract.
1198. As a result of Allstate’s breaches of its contractual obligations, R1500 subclass members have suffered losses, including but not limited to, termination of employment, loss of investment capital, loss of income and loss of benefits.
COUNT VII BREACH OF FIDUCIARY DUTY (On Behalf Of All Plaintiffs, Except Wendt, and the Class Against Allstate) 1199. Plaintiffs restate and reallege the prior allegations contained in this Complaint as though set forth here in full. 1200. Under the employment relationship created between class members and Allstate under the R830 and the R1500 contracts, class members devoted the better part of their professional careers to obtaining and servicing customers on Allstate’s behalf, invested substantial personal resources to create a book of business owned by Allstate, were barred from selling insurance or other products on behalf of any of Allstate’s competitors, and executed a “non-compete” covenant which severely limited their ability to pursue their profession independent of Allstate. As a result, class members were at the mercy of Allstate in that they could not leave the service of the company without losing their investments and livelihoods. 1201. In view of the grossly inequitable relationship Allstate had foisted upon them, class members had no choice but to repose a “special confidence” in Allstate that it would not use its superior power to exploit their vulnerability and unfairly deprive them of the value of their investments and livelihoods. By virtue of that special confidence reposed in Allstate by class members, Allstate owed those class members a fiduciary duty of good faith and fair dealing and was required to act with due regard to their interests.
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1202. In terminating the employment status of each of the class members without “good cause” and for purposes of denying them the value of their investments and livelihoods, Allstate has exploited its relationship with class members in violation of its fiduciary duty of good faith and fair dealing.
1203. The conduct of Allstate, as set forth in this Count, is intentional, deliberate, oppressive and/or in reckless and callous disregard for the rights of class members.
1204. As a result of Allstate’s breach of its aforementioned fiduciary duties, class members have suffered losses, including but not limited to, termination of employment, loss of investment capital, loss of income and loss of benefits.
COUNT VIII CUTBACK OF “BEEFED-UP” EARLY RETIREMENT BENEFITS
IN VIOLATION OF 29 U.S.C. § 1054(g)(2) (On Behalf Of ERISA § 204(g)(2) Plaintiffs18 and Beef-Up Class Against Allstate)
1205. The ERISA § 204(g)(2) Plaintiffs restate and reallege the prior allegations contained in this Complaint as though set forth here in full.
1206. Under the Pension Plan (prior to the unlawful and invalid November 1991 amendments), any employee agent who completes twenty (20) years of continuous “service” with Allstate is entitled to receive “beefed-up” early retirement benefits upon reaching age 55.
1207. In purporting to adopt the November 1991 amendments, and in “readopting” such amendments in December 1994 (retroactively to November 1991), Allstate purported to phase out and ultimately eliminate these “beefed-up” early retirement benefits by December 31, 1999.
1208. By amending the Pension Plan to phase out and eliminate “beefed-up” early retirement benefits for agents who have met (after the Beef-Up Amendment) or may in the future

18

COUNT VIII contains the only claim asserted by Plaintiff Wendt.

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meet the pre-amendment eligibility requirements for early retirement, Allstate caused the Pension Plan to violate the “anti-cutback” rule embodied in 29 U.S.C. § 1054(g)(2).
COUNT IX CUTBACK OF EARLY RETIREMENT BENEFITS
IN VIOLATION OF 29 U.S.C. § 1054(g) (On Behalf Of The ERISA Converted Agent Plaintiffs and ERISA Converted Agent Class
Against Allstate, the Agents Pension Plan and Administrative Commitee) 1209. The ERISA Converted Agent Plaintiffs restate and reallege the prior allegations contained in this Complaint as though set forth here in full. 1210. Each of the ERISA Converted Agent Plaintiffs and other ERISA Converted Agent Class members provided compensated service to Allstate as an “employee agent” under an R830 or R1500 contract prior to July 1, 2000. 1211. Upon the termination of their employment contracts as part of the Program, each of the ERISA Converted Agent Class members continued to provide compensated service to Allstate as an “exclusive agent independent contractor” pursuant to an R3001S contract. 1212. Under the Pension Plan, any employee agent who completes twenty (20) years of “service” with Allstate and who attains the age of 55 is entitled to receive early retirement benefits in the event he or she retires before reaching normal retirement age. 1213. Under Allstate’s own interpretation of the Pension Plan (as well as its interpretation of the November 1991 amendments to that plan), and under section 402(e) of the Internal Revenue Code, any converted agent of Allstate who provides any kind of compensated service to Allstate following the termination of his or her employment contract with Allstate remains “in the service of Allstate” for purposes of determining eligibility for early retirement benefits.
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1214. The express terms of the Pension Plan (prior to the unlawful and invalid amendments discussed in above (the “Amendments”)) state that “[a]ll service” with Allstate “shall count as Credited Service.” Accordingly, under the Pension Plan, any employee agent of Allstate who converted to Exclusive Agent, and thus continues to provide compensated “service” to the company under a contract creating an “exclusive agent independent contractor” relationship, continues to accumulate “service” under the Pension Plan for purposes of determining eligibility for early retirement benefits.
1215. Under the Amendments to the Pension Plan, Allstate purported to alter the eligibility requirements for obtaining early retirement benefits by only counting “service” that agents performed in their capacity as Allstate-classified “employees” toward the fulfillment of those requirements and excluding any “service” they provided to the company as a so-called “exclusive agent independent contractor.”
1216. In imposing requirements that made it more difficult for participants to meet the eligibility requirements for obtaining early retirement benefits under the Pension Plan, the Amendments violated the “anti-cutback” rule embodied in 29 U.S.C. § 1054(g)(2).
1217. Alternatively, even if “service” provided to Allstate as an “exclusive agent independent contractor” never counted as “service” for purposes of determining eligibility for early retirement benefits under the Pension Plan, the ERISA Converted Agent Class members are not truly “independent contractors.” Since those individuals began providing service to Allstate under the R3001S contract, Allstate has retained the right to control the manner and means through which they perform their jobs as “captive” agents. Moreover, since the time they converted to the R3001S contract, Allstate has actually exercised at least as much control over the ERISA Converted Agent Class members as it did prior to the purported termination of their employment status and R830 or R1500 contracts. Accordingly, at all pertinent times, all of the
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ERISA Converted Agent Plaintiffs and other class members have been “employees” of Allstate within the meaning of 29 U.S.C. § 1002(6).
1218. By amending the Pension Plan to no longer count all “service” which the ERISA Converted Agent Class members provide, for purposes of determining eligibility for early retirement, Allstate has caused the Pension Plan to violate the “anti-cutback” rule embodied in section 204(g) of ERISA.
COUNT X BREACH OF FIDUCIARY DUTY IN VIOLATION OF 29 U.S.C. § 1104(a) (On Behalf Of The ERISA Retired Agent Plaintiffs and ERISA Retired Agent Class
Against Allstate and the Administrator) 1219. The ERISA Retired Agent Plaintiffs restate and reallege the prior allegations contained in this Complaint as though set forth here in full. 1220. At all pertinent times, the Administrator had the authority to determine all questions arising under the provisions of the Pension Plan, including the authority to determine the rights and eligibility of the participants and any other persons, and to remedy ambiguities, inconsistencies or omissions. The Administrator had discretionary authority to interpret the terms of the Pension Plan and to determine eligibility for and entitlement to benefits in accordance with the terms of the Pension Plan. 1221. At all pertinent times, the Administrator was a “fiduciary” of the Pension Plan within the meaning of 29 U.S.C. § 1002(21) because it exercised discretionary authority or control over the management of the Pension Plan and/or had discretionary authority or control in the administration of the Pension Plan. 1222. At all pertinent times, Allstate was a “fiduciary” of the Pension Plan within the meaning of 29 U.S.C. § 1002(21) because it appoints and/or exercises supervision or control over the Administrator.
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1223. In their respective capacities as fiduciaries of the Pension Plan, Allstate and the Administrator were obligated not to misinform plan participants concerning the availability of benefits under the Pension Plan, whether through material misrepresentations, failure to correct misrepresentations which they knew or should have known were false and materially misleading, or through incomplete, inconsistent and contradictory disclosures.
1224. At both the time it announced and implemented the mass termination of its California “employee agents” and the time it announced and implemented its nationwide Program in November 1999, Allstate informed employee agents that it would be terminating their R830 and R1500 contracts and that it would terminate its agency relationship with them entirely unless they entered into a variant of the R3001 or R3001S contracts.
1225. At the time Allstate offered the former agent plaintiffs the “choice” of continuing to provide compensated “service” to Allstate under an R3001 or R3001S contract or of having their employment and agency relationships terminated, and with the intention of influencing that choice, Allstate and/or the Administrator represented to those ERISA Retired Agent Plaintiffs and other ERISA Retired Agent Class members that they would be “independent contractors” under the arrangement created by the R3001 and R3001S contracts and, hence, would not be able to accumulate additional “service” for purposes of: (a) determining eligibility for early retirement benefits and “beefed-up” early retirement benefits under the Pension Plan; and (b) eligibility to receive any pension benefits to which they were not already entitled as of the date their employment contract was terminated.
1226. The representation by Allstate and/or the Administrator that former “employee agents” of Allstate who continued to provide compensated “service” to Allstate under the R3001 or R3001S contract would no longer be eligible to accumulate “service” for purposes of eligibility for early retirement benefits and “beefed-up” early retirement benefits under the
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Pension Plan was materially false and misleading. Under the Pension Plan (prior to the unlawful and invalid December 1994 amendments), all “service” provided to Allstate under the R3001 contract, including service as a so-called “exclusive agent independent contractor,” constitutes “service” for purposes of determining eligibility for early retirement benefits. Alternatively, even if only service as an “employee” counts as “service” under the Pension Plan, the ERISA Converted Agent Class members are and were “employees” of Allstate within the meaning of 29 U.S.C. § 1002(6) and, under the Pension Plan (exclusive of the unlawful and invalid Amendments), service provided to Allstate by an “employee” within the meaning 29 U.S.C. § 1002(6) constitutes “service” for purposes of determining eligibility for early retirement benefits and accruing additional pension benefits.
1227. At the time Allstate and/or the Administrator represented that former “employee agents” who continued to serve Allstate under the R3001 or R3001S contracts would no longer be able to accumulate service toward eligibility for early retirement benefits or accrue additional benefits under the Pension Plan, Allstate and/or the Administrator knew or should have known of the falsity of that representation.
1228. In the alternative, the Administrator was aware of Allstate’s representation that employee agents who converted and continued to provide compensated service to Allstate under the R3001 or R3001S contracts would no longer be able to accumulate additional “service” for purposes of eligibility for early retirement benefits or otherwise accrue additional benefits under the Pension Plan, and knew or should have known of the falsity of that representation.
1229. Though the Administrator had a duty to correct the aforementioned misrepresentation, the Administrator failed to do so and, instead, took actions that were consistent with Allstate’s representation that the agents were no longer able to accumulate
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additional “service” for purposes of eligibility for early retirement benefits under the Pension Plan or otherwise to accrue additional pension benefits.
1230. In foreseeable reliance upon the aforementioned affirmative misrepresentation by Allstate and/or the Administrator and upon the aforementioned misrepresentation by conduct and omission of the Administrator, the ERISA Retired Agent Plaintiffs and other class members retired from the service of Allstate. Had ERISA Retired Agent Plaintiffs and other class members known that any service they provided to Allstate would count for purposes of determining eligibility for early retirement benefits, they would not have ceased providing service to Allstate.
1231. In making material misrepresentations relating to the availability of benefits under the Pension Plan and inducing the ERISA Retired Agent Class members to rely on those misrepresentations, Allstate and the Administrator have violated their respective fiduciary obligations under 29 U.S.C. § 1104(a).
1232. As a result of the unlawful conduct of Allstate and the Administrator as set forth in this Count, the ERISA Retired Agent Class members have suffered losses, including but not limited to, termination of their employment status, loss of income and loss of benefits.
COUNT XI POST-PROGRAM RETALIATION IN VIOLATION OF THE ADEA
(29 U.S.C. § 623(d)) (On Behalf of Romero III Plaintiffs Against Allstate) 1233. Romero III Plaintiffs restate and reallege the prior allegations contained in this Complaint as though set forth here in full. 1234. The Romero I counterclaims Allstate asserted against the Romero III Plaintiffs were premised on the bare, unsupported allegations that each of the plaintiffs (1) falsely “represented” or otherwise promised that they would not challenge the Release or otherwise take
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“other actions” to assert claims arising out of the Program and (2) falsely represented that they had no intention to sue Allstate or otherwise assert claims arising out of the Program at the time they signed the Release.
1235. These allegations are false, motivated by unlawful retaliatory animus and otherwise brought in bad faith and for an improper purpose to vex and harass plaintiffs. Further, in bringing the counterclaims, Allstate embarked on a course of retaliatory conduct which it knows was in violation of the ADEA and ERISA and acted with reckless disregard of the fact that its actions were unlawful and retaliatory.
1236. Throughout the period from May 2000 through the filing of counterclaims and until today, Allstate has known and repeatedly acknowledged, that the Romero III Plaintiffs and other employee agents subject to the Program did not represent when they signed the Release that they would not challenge the validity of the Release, including its voluntariness. Throughout the same period, Allstate and its attorneys have known that, if plaintiffs or others challenged the validity of the Release, they also had to assert in the same lawsuit any other claims arising out of the design and implementation of the Program, including claims for age discrimination, retaliation, unlawful interference with the attainment of employee benefits, breach of contract and breach of fiduciary duty, or risk those claims being barred. Thus, at the time the purported counterclaims were brought, Allstate and its attorneys knew that any counterclaims premised on the notion that agents had promised or represented that they would not sue Allstate or take “other actions,” was meritless.
1237. Allstate knew that its counterclaims were meritless in other ways as well. 1238. Romero III Plaintiffs engaged in protected activity by (a) filing charges of discrimination and retaliation with the EEOC and other civil rights agencies, (b) providing assistance to the EEOC in connection with its investigation of whether the Program violated the
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ADEA, Title VII and the ADA, (c) providing assistance to the United States Department of Labor in connection with its own investigation of the Program, and (d) challenging the Release by bringing a lawsuit under the ADEA and ERISA. At the time it filed its purported counterclaims, Allstate was aware of plaintiffs’ protected activities.
1239. Allstate filed the counterclaims knowing full well that they were devoid of legal and factual merit and contrary to representations that its attorneys made to the EEOC in writing on at least two occasions prior to June 1, 2000. Moreover, Allstate filed the purported counterclaims with the retaliatory motive of punishing plaintiffs for filing charges of discrimination and retaliation with the EEOC and thereafter bringing a class action lawsuit on behalf of 6,200 similarly situated current and former employee agents challenging the validity of the Release. Allstate additionally sought to chill its current and former employees, including, but not limited to, hundreds of so-called “life specialists” whose employment contracts were terminated as of June 30, 2001, from availing themselves of their federally protected right to challenge ADEA waivers or otherwise pursue allegations of discrimination and retaliation out of fear that they could subject themselves to liability for compensatory and punitive damages.
1240. The conduct of Allstate as set forth in this Count was willful, intentional and deliberate. The filing of the counterclaims was a naked form of coercion and economic retaliation that was taken against plaintiffs solely because they had invoked their statutory rights and otherwise engaged in federally protected activities by challenging the lawfulness of the Release on behalf of more than 6,200 similarly situated individuals. Allstate’s actions, which were motivated by retaliatory animus, constitute an unlawful employment practice in violation of section 4(d) of the ADEA, 29 U.S.C. § 623(d). Allstate had no good-faith, non-retaliatory basis to bring counterclaims that are not well-grounded in fact or law.
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1241. In addition to filing its meritless counterclaims, Allstate took other action against
certain plaintiffs in order to retaliate against them because they asserted statutorily protected
rights, in violation of section 4(d) of the ADEA, 29 U.S.C. § 623(d). Specifically, Allstate:
(a) prevented Carrier from purchasing books of business from other Allstate agents and from acquiring financial interests in independent insurance agencies;
(b) refused to approve a “Series 6/63” license for Carrier;
(c) instructed Life Specialists to avoid working with Carrier and P. Cobb;
(d) launched an investigation into Carrier’s financial interest in independent insurance agencies in order to uncover a pretext for terminating his agency agreement;
(e) singled out P. Cobb for reprimand based on his use of Allstate’s e-mail and computer resources;
(f) refused to consider Dwight English’s employment application or to even acknowledge that he had submitted an application;
(g) refused to approve the sale of Wiktor’s book of business to the buyer of Wiktor’s choice and required Wiktor to evacuate his offices before the sale of his book of business was final;
(h) refused to provide assistance to Wiktor in selling life insurance products to current and potential customers; and
(i) required an Allstate agency to move out of an office building owned by Ron Harper.
1242. As a result of the unlawful and retaliatory actions alleged in this Count, Romero
III Plaintiffs have been damaged and otherwise adversely affected. Plaintiffs have suffered
financial and non-financial injuries, including, but not limited to, damage to their personal and
professional reputations affecting their business and employment opportunities.
COUNT XII
POST-PROGRAM INTERFERENCE WITH PROTECTED RIGHTS AND RETALIATION IN VIOLATION OF SECTION 510 OF ERISA (29 U.S.C. § 1140) (On Behalf of the Romero III Plaintiffs Against Allstate)
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1243. Romero III Plaintiffs restate and reallege the prior allegations contained in this Complaint as though set forth here in full.
1244. The purported counterclaims Allstate asserted were premised on the bare, unsupported allegations that each of the Romero III Plaintiffs (1) falsely “represented” and otherwise promised that they would not challenge the Release or otherwise take any other action to assert claims arising out of the Program, (2) falsely represented that they had no intention to sue Allstate or otherwise assert claims arising out of the Program at the time they signed the Release, (3) “failed to act with honesty in fact” by executing the Release “with the belief and intention to file or having filed legal actions against Allstate to destroy or injure the rights of Allstate” and (4) “acted arbitrarily and unreasonably” by filing a lawsuit “in violation of the express terms of the [Release], and in executing the [Release] with the belief and intention to file [the Romero I] action and other actions against Allstate.” These allegations are false, motivated by unlawful retaliatory animus and otherwise brought in bad faith and for an improper purpose.
1245. Throughout the period from May 2000 through the filing of counterclaims and until today, Allstate has known and has represented that the plaintiffs and other agents did not represent when they signed the Release that they would not challenge the validity of the Release. Throughout the same period, Allstate has known that, if plaintiffs or other employee agents brought an action challenging the Release as not knowing or voluntary, they also had to assert in the same lawsuit both other grounds for invalidating the Release and all other claims arising out of the Program or run the risk that those claims could be barred down the road. Thus, Allstate knew, when it filed the counterclaims, that any allegation premised on the unfounded notion that the Romero III Plaintiffs had “represented” or otherwise promised that they would not challenge the Release, including its voluntariness, lacked legal and factual merit.
1246. Allstate knew that its counterclaims were meritless in other ways as well.
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1247. Romero III Plaintiffs engaged in protected activity by (a) filing charges of discrimination and retaliation with the EEOC and other civil rights agencies, (b) providing assistance to the EEOC in connection with its investigation of whether the Program violated the ADEA, Title VII and the ADA, (c) providing assistance to the United States Department of Labor and Pension Welfare Benefits Administration in connection with their own investigation of the Program, and (d) challenging the Release by bringing a lawsuit under the ADEA and ERISA. At the time it filed its purported counterclaims, Allstate was aware of plaintiffs’ protected activities.
1248. Allstate filed the counterclaims, knowing full well they were devoid of legal and factual merit and otherwise intended to punish Romero III Plaintiffs for filing charges and a lawsuit against it challenging, under ERISA and other theories, the validity of the Release, the interference with the attainment of the employee benefits and the wrongful termination of their employment contracts. Allstate also filed the purported counterclaims with the intent to deter other similarly situated current and former employee agents from seeking to assert their rights under non-interference and anti-retaliation provisions of section 510 of ERISA, including participating in Romero I and II. This intended “chilling effect” was felt acutely by employee agents who had sold their books of business either as part of the Program or at any time after June 30, 2000, and feared that Allstate would seek a so-called “constructive trust” on their businesses, homes, savings and other personal assets.
1249. In addition to filing its meritless counterclaims, Allstate took other action against certain plaintiffs in order to retaliate against them for exercising their rights under ERISA by filing their lawsuit in Romero I and in order to deter other Allstate agents and employees from exercising their rights under ERISA, in violation of Section 510 of ERISA, 29 U.S.C. § 1140. Specifically, Allstate:
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(a) prevented Carrier from purchasing books of business from other Allstate agents and from acquiring financial interests in independent insurance agencies;
(b) refused to approve a “Series 6/63” license for Carrier; (c) instructed Life Specialists to avoid working with Carrier and P. Cobb; (d) launched an investigation into Carrier’s financial interest in independent
insurance agencies in order to uncover a pretext for terminating his agency agreement; (e) singled out P. Cobb for reprimand based on his use of Allstate’s e-mail and computer resources; (f) refused to consider Dwight English’s employment application or to even acknowledge that he had submitted an application; (g) refused to approve the sale of Wiktor’s book of business to the buyer of Wiktor’s choice and required Wiktor to evacuate his offices before the sale of his book of business was final; (h) refused to provide assistance to Wiktor in selling life insurance products to current and potential customers; and (i) required an Allstate agency to move out of an office building owned by Ron Harper. 1250. The conduct of Allstate as set forth in this Count was intentional and deliberate and violates section 510 of ERISA, 29 U.S.C. § 1140. 1251. As a result of the unlawful and retaliatory conduct of Allstate as set forth in this Count, Romero III Plaintiffs have been harmed and suffered both financial and non-financial losses, including, but not limited to, damage to their personal and professional reputations affecting their business and employment opportunities.
COUNT XIII POST-PROGRAM RETALIATION IN VIOLATION OF THE ADEA
(29 U.S.C. § 623(d)) (On Behalf of Plaintiff Richard A. Carrier Against Allstate)
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1252. Plaintiff Richard A. Carrier restates and realleges the prior allegations contained in this Complaint as though set forth here in full, and sets out in this Count an additional retaliation claim.
1253. Carrier engaged in protected activity by (a) filing charges of discrimination and retaliation with the EEOC and other civil rights agencies, (b) providing assistance to the EEOC in connection with its investigation of whether the Program violated the ADEA, Title VII and the ADA, (c) proving assistance to the United States Department of Labor in connection with its own investigation of the Program, and (d) challenging the Release by bringing a lawsuit under the ADEA and ERISA. At the time of the actions described below, Allstate was aware of Carrier’s protected activities.
1254. As described above, Allstate had blocked Carrier from consummating his purchase of the Nygren Agency in the years up to and including 2004 (claims arising from that retaliation are included under Count XI). Over the years since 2004, Carrier managed, invested many thousands of dollars in, and realized substantial income from the Nygren Agency, but Allstate continued to retaliate against him for filing EEOC charges and participating in the Romero I lawsuit by continuing to block the consummation of his purchase of the book of business of the agency. Finally, on April 30, 2015, Allstate terminated the Nygren Agency even though it was highly profitable. It did so without cause and without giving Carrier any compensation, despite Allstate’s knowledge and acquiescence in his role in the agency for over 15 years. Allstate thereby appropriated to itself all of Carrier’s investments in the agency over many years, and cut off his income earned from the Agency, without giving him a dollar of compensation. Allstate initiated this action shortly after one of its managers, Marna Ellis, chastised Carrier for his participation in the lawsuit.
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1255. On August 17, 2015, Carrier filed a charge of discrimination with the EEOC over Allstate’s termination of the Nygren Agency. The EEOC has not yet made a determination or issued a right-to-sue notice on that charge.
1256. The conduct of Allstate as set forth in this Count was willful, intentional and deliberate. Allstate’s actions, which were motivated by retaliatory animus, constitute an unlawful employment practice in violation of section 4(d) of the ADEA, 29 U.S.C. § 623(d). Allstate had no good-faith, non-retaliatory basis to terminate the Nygren Agency.
1257. As a result of the unlawful and retaliatory actions alleged in this Count, Carrier has been damaged and otherwise adversely affected. He has suffered financial and non-financial injuries, including, but not limited to, the loss of future profits from the Nygren Agency.
COUNT XIV POST-PROGRAM INTERFERENCE WITH PROTECTED RIGHTS AND
RETALIATION IN VIOLATION OF SECTION 510 OF ERISA (29 U.S.C. § 1140)
(On Behalf of Plaintiff Richard Carrier Against Allstate) 1258. Plaintiff Richard A. Carrier restates and realleges the prior allegations contained in this Complaint as though set forth here in full. 1259. Carrier engaged in protected activity by (a) filing charges of discrimination and retaliation with the EEOC and other civil rights agencies, (b) providing assistance to the EEOC in connection with its investigation of whether the Program violated the ADEA, Title VII and the ADA, (c) proving assistance to the United States Department of Labor in connection with its own investigation of the Program, and (d) challenging the Release by bringing a lawsuit under the ADEA and ERISA. At the time of the actions described below, Allstate was aware of Carrier’s protected activities. 1260. As described above, Allstate had blocked Carrier from consummating his purchase of the Nygren Agency in the years up to and including 2004 (claims arising from that
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retaliation are included under Count XII). Over the years since 2004, Carrier managed, invested many thousands of dollars in, and realized substantial income from the Nygren Agency, but Allstate continued to retaliate against him for filing EEOC charges, assisting the Department of Labor, and participating in the Romero I lawsuit by continuing to block the consummation of his purchase of the book of business of the agency. Finally, on April 30, 2015, Allstate terminated the Nygren Agency even though it was highly profitable. It did so without cause and without giving Carrier any compensation, despite Allstate’s knowledge and acquiescence in his role in the agency for over 15 years. Allstate thereby appropriated to itself all of Carrier’s investments in the agency over many years, and cut off his income earned from the Agency, without giving him a dollar of compensation. Allstate initiated this action shortly after one of its managers, Marna Ellis, chastised Carrier for his participation in the lawsuit.
1261. The purported counterclaims Allstate asserted were premised on the bare, unsupported allegations that each of the Romero III Plaintiffs (1) falsely “represented” and otherwise promised that they would not challenge the Release or otherwise take any other action to assert claims arising out of the Program, (2) falsely represented that they had no intention to sue Allstate or otherwise assert claims arising out of the Program at the time they signed the Release, (3) “failed to act with honesty in fact” by executing the Release “with the belief and intention to file or having filed legal actions against Allstate to destroy or injure the rights of Allstate” and (4) “acted arbitrarily and unreasonably” by filing a lawsuit “in violation of the express terms of the [Release], and in executing the [Release] with the belief and intention to file [the Romero I] action and other actions against Allstate.” These allegations are false, motivated by unlawful retaliatory animus and otherwise brought in bad faith and for an improper purpose.
1262. The conduct of Allstate as set forth in this Count was intentional and deliberate and violates section 510 of ERISA, 29 U.S.C. § 1140.
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1263. As a result of the unlawful and retaliatory conduct of Allstate as set forth in this Count, Carrier has been harmed and suffered both financial and non-financial losses.
PRAYER FOR RELIEF WHEREFORE, plaintiffs respectively pray: A. That the Romero I and Romero II cases each be certified as a class action pursuant
to Rule 23 and/or a collective action pursuant to 29 U.S.C. § 216(b) on behalf of the proposed class(es), subclasses, and/or collective action, and that their counsel be designated as Class Counsel for each class and subclass; B. That a declaratory judgment be issued declaring that the Release is invalid and unenforceable under the ADEA, ERISA and/or the common law, pursuant to 29 U.S.C. §§ 626(f)(1) and 1132(a)(3) and 28 U.S.C. §§ 2201 and 2202; C. That all equitable relief as may be appropriate be issued, including a permanent injunction compelling Allstate to offer all plaintiffs (other than those solely suing as personal representatives for a deceased former agent’s Estate) and the class, subclass and collective action members subject to the Program the opportunity to be reinstated under the same terms and conditions which existed prior to the termination of their employment status and restoration to participant status under the Plans, pursuant to 29 U.S.C. §§ 626(b) and 1132(a)(3), or to the extent that injunctive relief is determined to be impracticable, to provide monetary relief in lieu thereof; D. That judgment be entered in favor of plaintiffs and the class and subclass members and against Allstate and Liddy restoring to them all benefits and other forms of compensation lost between the dates of the termination of their
CONSOLIDATED AMENDED COMPLAINT - 259 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 260 of 266
employment and the date of judgment, together with interest or an appropriate inflation factor, pursuant to 29 U.S.C. § 1132(a)(3); E. That judgment be entered in favor of plaintiffs and the collective action members and against Allstate for lost benefits, future benefits, back pay (including interest or an appropriate inflation factor), front pay, lost investment capital, and liquidated damages, pursuant to 29 U.S.C. § 626(b); F. That judgment be entered in favor of plaintiffs and class and subclass members and against Allstate for all direct, incidental, and consequential damages arising out of Allstate’s breaches of contract; G. That judgment be entered in favor of plaintiffs and class and subclass members and against Allstate for all direct, incidental, and consequential damages, including non-financial injuries, arising out of Allstate’s common law breaches of fiduciary duty, and for punitive damages in amounts to be determined at trial; H. That a constructive trust or equitable lien in restitution be imposed over Allstate’s assets sufficient to cover all losses suffered by the class members as a result of the violations of ERISA; I. That plaintiffs and class, subclass and collective action members be awarded such other and further legal and equitable relief as may be found just and appropriate; J. That plaintiffs and class, subclass and collective action members be granted their attorneys’ fees, experts’ fees, and the costs and expenses of this litigation, pursuant to applicable law; K. That the practices of Allstate and the Administrator complained of in COUNTS VIII-X herein be determined and adjudged to be in violation of the rights of Plaintiffs under ERISA, pursuant to 29 U.S.C. § 1132(a)(3);
CONSOLIDATED AMENDED COMPLAINT - 260 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 261 of 266
L. That the Court issue a permanent injunction under ERISA, pursuant to 29 U.S.C. § 1132(a)(3) and the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, compelling Allstate and the Administrator to: (1) count any periods of service that converted and retired agents have provided to Allstate under the R3001 contract as “service” for purposes of determining their eligibility for early retirement benefits; and (2) repeal or set aside the November 1991 and December 1994 plan amendments relating to early retirement and the “beef-up” retroactively to the dates those amendments were adopted, as a remedy for the statutory violations described in COUNTS VIII and IX;
M. That the Court enter judgment in favor of Plaintiffs against: (1) the Pension Plan and the Administrator pursuant to 29 U.S.C. § 1132(a)(3) for “make whole” or other appropriate equitable relief; and (2) Allstate pursuant to 29 U.S.C. § 1132(a)(3) for “make whole” or appropriate other equitable relief, as a remedy for the violations of fiduciary obligations described in COUNT X.
N. That the Court enter judgment in favor of plaintiffs against the Pension Plan pursuant to 29 U.S.C. § 1132(a)(1)(B) after the Court has provided the relief set forth in paragraph I above.
O. That the actions of Allstate complained of in COUNT XI and COUNT XIII be determined and adjudged to be in willful and knowing violation of the rights of Romero III Plaintiffs under section 4(d) of the ADEA, 29 U.S.C. § 623(d), pursuant to 29 U.S.C. § 626(c)(1);
CONSOLIDATED AMENDED COMPLAINT - 261 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 262 of 266
P. That the actions of Allstate complained of in COUNT XII and COUNT XIV be determined and adjudged to be in willful and knowing violation of the rights of Romero III Plaintiffs under section 510 of ERISA, 29 U.S.C. § 1140, pursuant to 29 U.S.C. § 1132(a)(3);
Q. That the Court enter a judgment declaring that Allstate’s actions at issue in COUNTS XI-XIV are unlawful and in willful violation of the section 4(d) of the ADEA and section 510 of ERISA, pursuant to 29 U.S.C. §§ 626(c)(1) and 1132(a)(3) and 28 U.S.C. §§ 2201(a) and 2202;
R. That the Court award Romero III Plaintiffs all compensable damages, including all direct, incidental, consequential and liquidated and punitive damages, pursuant to 29 U.S.C. § 626(b) and federal common law, in amounts to be determined at trial;
S. That plaintiffs be awarded such other and further relief as may be found just and appropriate;
T. That plaintiffs be granted their attorneys’ fees, experts’ fees and the costs and expenses of this litigation, pursuant to applicable law; and
U. That the Court retain jurisdiction over Allstate, the Pension Plan and the Administrator until such time as it is satisfied that the practices complained of are remedied and are determined to be in full compliance with the law. JURY TRIAL DEMANDED
Plaintiffs request a jury trial on all questions of fact raised by this Consolidated Amended Complaint, as well as on all claims so triable.
CONSOLIDATED AMENDED COMPLAINT - 262 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 263 of 266

Respectfully submitted,

Michael D. Lieder (admitted pro hac vice) 1250 Connecticut Ave. NW., Suite 300 Washington, D.C. 20036 mlieder@findjustice.com Telephone: (202) 446-1909 Facsimile: (202) 822-4997
Counsel for Romero I-III, and Abell Plaintiffs & Class and for Richard Carrier in Counts XIII-XIV
Paul Anton Zevnik (ID No. 140986) MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Ave., N.W. Washington, D.C. 20004 Telephone: (202) 739-3000 Facsimile: (202) 739-3001

/s/ Coleen M. Meehan Plaintiffs’ Liaison Counsel Coleen M. Meehan (ID No. 39765) William P. Quinn, Jr. (ID No. 39083) David W. Marston, Jr. (ID No. 84399) Brian M. Ercole (ID No. 91591) Marisel Acosta (ID No. 89696) Jacqueline C. Gorbey (ID No. 312041) MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: (215) 963-5000 Facsimile: (215) 963-5001
Counsel for Romero I-III and Abell Plaintiffs & Class

Mary Ellen Signorille (admitted pro hac vice) AARP Foundation Litigation 601 E Street, N.W. Washington, D.C. 20049 Telephone: (202) 434-2060 Facsimile: (202) 824-0955

Counsel for Romero I-III and Abell Plaintiffs & Class

Sidney L. Gold (ID No. 21374) SIDNEY L. GOLD & ASSOCIATES, P.C 1835 Market St., #515 Philadelphia, PA 19103 Telephone 215-569-1999 Facsimile 215-569-3870
Sara Wyn Kane (admitted pro hac vice) Robert J. Valli, Jr. (admitted pro hac vice) Valli Kane & Vagnini, LLP 600 Old Country Road, Suite 519 Garden City, New York 11530 Telephone: 516-203-7180
Counsel for Anzivine Plaintiffs

CONSOLIDATED AMENDED COMPLAINT - 263 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 264 of 266
Julia K. Munley, Esq. (ID No. 66454) James Christopher Munley (ID No. 72987) MUNLEY LAW, P.C. The Forum Plaza - 227 Penn Avenue Scranton, PA 18503
Counsel for McLaughlin, Harris, and Siegfried Plaintiffs
Alan L. Yatvin (ID No. 38716) Howard D. Popper ( ID No. 42860) POPPER & YATVIN 230 S. Broad Street, Suite 503 Philadelphia, PA 19102 (215) 546-5700 FAX (215) 546-5701 Popper.Yatvin@verizon.net www.popperyatvin.com
Justin S. Gilbert (admitted pro hac vice) GILBERT RUSSELL MCWHERTER SCOTT & BOBBITT PLC 100 W. Martin Luther King Blvd., Sutie 504 Chattanooga, TN 37402 Telephone: (423) 499-3044 Fax: (731) 664-1540 jgilbert@gilbertfirm.com
Jonathan L. Bobbitt (admitted pro hac vice) GILBERT RUSSELL MCWHERTER SCOTT & BOBBITT PLC 341 Cool Springs Blvd, Ste. 230 Franklin, Tennessee 37067 Telephone: (615) 354-1144 Facsimile: (731) 664-1540 jbobbitt@gilbertfirm.com
Jessica F. Salonus (admitted pro hac vice) GILBERT RUSSELL MCWHERTER SCOTT & BOBBITT PLC 101 N. Highland Avenue Jackson, TN 38301 Telephone: (731) 664-1340 Fax: (731) 664-1540 jsalonus@gilbertfirm.com
CONSOLIDATED AMENDED COMPLAINT - 264 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 265 of 266 Counsel for Tabor Plaintiffs
CONSOLIDATED AMENDED COMPLAINT - 265 -

Case 2:01-cv-03894-MAK Document 864 Filed 05/20/16 Page 266 of 266

CERTIFICATE OF SERVICE I hereby certify that on May 20, 2016, a true and correct copy of Plaintiffs’ Consolidated Amended Complaint pursuant to the Court’s May 2, 2016 Order was served via electronic mail on all counsel of record.

Date: May 20, 2016

/s/ Coleen M. Meehan Coleen M. Meehan

 
 Case 2:01-cv-03894-MAK Document 1402 Filed 05/30/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

:

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

:

ALLSTATE INSURANCE COMPANY, :

:

et al.,

:

:

Defendants

:

:

CIVIL ACTION NO. 01-3894-MAK
CONSOLIDATED WITH: NO. 01-6764 (Romero II) NO. 03-6872 (Romero III) NO: 15-1049 (Abell) NO. 15-3047 (Anzivine)

NOTICE OF VOLUNTARY DISMISSAL OF THE CLAIMS OF ROMERO AND ABELL SETTLING PLAINTIFFS PURSUANT TO LOCAL RULE 41.1(b) In response to the Court’s May 15, 2018 Order (Dkt. No. 1376, at ¶ 2), pursuant to Local
Rule 41.1(b), Plaintiffs, by and through their undersigned counsel, hereby notify the Court that each of the Romero/Abell Plaintiffs identified in the attached Exhibit A has reached an agreement in principle to settle with Defendants Allstate Insurance Company, The Allstate Corporation, The Agents Pension Plan, and the Administrative Committee (collectively, the “Allstate Defendants”), and Defendant Edward M. Liddy, and that the parties are in the process of finalizing each agreement for execution. Although none of the Plaintiffs identified in Exhibit A has been paid yet pursuant to the parties’ agreement to settle, as required by the Court’s May 15, 2018 Order, Plaintiffs submit this notice for the Court to enter an order voluntarily dismissing the claims of these settling Plaintiffs with prejudice, without costs, pursuant to the agreement of

Case 2:01-cv-03894-MAK Document 1402 Filed 05/30/18 Page 2 of 3
counsel and Local Rule 41.1(b). The claims of the remaining Plaintiffs, including the remaining
Romero/Abell Plaintiffs not identified in Exhibit A,1 are not affected by this Notice.
Respectfully submitted,
/s/ Coleen M. Meehan Coleen M. Meehan (ID No. 39765) William P. Quinn, Jr. (I.D. No. 39083) David W. Marston, Jr. (I.D. No. 84399) Brian M. Ercole (ID No. 91591) Marisel Acosta (ID No. 89696) Jacqueline C. Gorbey (ID No. 312041) MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: (215) 963-5000 Facsimile: (215) 963-5001
Plaintiffs’ Liaison Counsel Counsel for the Romero/Abell Plaintiffs
Michael D. Lieder (admitted pro hac) Law Office of Michael D. Lieder 1250 Connecticut Avenue, N.W. Suite 300 Washington D.C. 20005 Telephone: (202) 446-1909 Facsimile: (202) 822-4997
Mary Ellen Signorille (admitted pro hac vice) AARP Foundation Litigation 601 E Street, N.W. Washington, D.C. 20049 Telephone: (202) 434-2060 Facsimile: (202) 824-0955
Counsel for the Romero/Abell Plaintiffs
1 Romero I/Abell Plaintiff Rudolph McClinon, who had agreed with Defendants to settle his claims, has recently died. Counsel is in the process of preparing a motion for substitution of the appropriate party. His claims should not be dismissed until he is properly substituted. In addition, Romero I/Abell Plaintiff “Sherry Earl,” who was substituted last year for her deceased husband and had agreed to a settlement as well, has recently notified counsel that her legal name is Farris Sharon Garner. To properly process settlement, her name will need to be corrected. Accordingly, her claims should not be dismissed yet.
2

Case 2:01-cv-03894-MAK Document 1402 Filed 05/30/18 Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on May 30, 2018, a true and correct copy of the foregoing Notice of Dismissal was served via ECF and electronic email on all counsel of record.

Date: May 30, 2018

/s/ Coleen M. Meehan

 
 Case 2:01-cv-03894-MAK Document 1427 Filed 06/13/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

:

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

:

ALLSTATE INSURANCE COMPANY, :

:

et al.,

:

:

Defendants

:

:

CIVIL ACTION NO. 01-3894-MAK
CONSOLIDATED WITH: NO. 01-6764 (Romero II) NO. 03-6872 (Romero III) NO: 15-1049 (Abell) NO. 15-3047 (Anzivine)

NOTICE OF VOLUNTARY DISMISSAL OF THE CLAIMS OF ROMERO AND ABELL SETTLING PLAINTIFFS PURSUANT TO LOCAL RULE 41.1(b) Pursuant to Local Rule 41.1(b), Plaintiffs, by and through their undersigned counsel,
hereby notify the Court that each of the Romero/Abell Plaintiffs identified in the attached Exhibit A reached an agreement in principle to settle with Defendants Allstate Insurance Company, The Allstate Corporation, The Agents Pension Plan, and the Administrative Committee (collectively, the “Allstate Defendants”), and Defendant Edward M. Liddy, and that the parties are in the process of signing final settlement agreements. Although none of the Plaintiffs identified in Exhibit A has been paid yet pursuant to the parties’ agreement to settle, Plaintiffs submit this notice to enable the Court to enter an order voluntarily dismissing the claims of these settling Plaintiffs with prejudice, without costs, pursuant to the agreement of counsel and Local Rule 41.1(b). None of the other remaining Plaintiffs’ claims is affected by this Notice.

Case 2:01-cv-03894-MAK Document 1427 Filed 06/13/18 Page 2 of 3

Dated: June 13, 2018

Respectfully submitted,

Michael D. Lieder (admitted pro hac) Law Office of Michael D. Lieder 1250 Connecticut Avenue, N.W. Suite 300 Washington D.C. 20005 Telephone: (202) 446-1909 Facsimile: (202) 822-4997
Mary Ellen Signorille (admitted pro hac vice) AARP Foundation Litigation 601 E Street, N.W. Washington, D.C. 20049 Telephone: (202) 434-2060 Facsimile: (202) 824-0955

/s/ Coleen M. Meehan Coleen M. Meehan (ID No. 39765) William P. Quinn, Jr. (I.D. No. 39083) David W. Marston, Jr. (I.D. No. 84399) Brian M. Ercole (ID No. 91591) Marisel Acosta (ID No. 89696) Jacqueline C. Gorbey (ID No. 312041) MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: (215) 963-5000 Facsimile: (215) 963-5001

Counsel for the Romero/Abell Plaintiffs

2

Case 2:01-cv-03894-MAK Document 1427 Filed 06/13/18 Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on June 13, 2018, a true and correct copy of the foregoing Notice of Voluntary Dismissal of the Claims of Romero and Abell Settling Plaintiffs Pursuant to Local Rule 41.1(b) was served via ECF and electronic email on all counsel of record.

Date: June 13, 2018

/s/ Coleen M. Meehan

 
 Case 2:01-cv-03894-MAK Document 1512 Filed 08/17/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

:

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

:

ALLSTATE INSURANCE COMPANY, :

:

et al.,

:

:

Defendants

:

:

CIVIL ACTION NO. 01-3894-MAK
CONSOLIDATED WITH: NO. 01-6764 (Romero II) NO. 03-6872 (Romero III) NO: 15-1049 (Abell) NO. 15-3047 (Anzivine)

NOTICE OF VOLUNTARY DISMISSAL OF THE CLAIMS OF ROMERO AND ABELL SETTLING PLAINTIFFS PURSUANT TO LOCAL RULE 41.1(b) Pursuant to Local Rule 41.1(b), Plaintiffs, by and through their undersigned counsel,
hereby notify the Court that each of the Romero/Abell Plaintiffs identified in the attached Exhibit A reached an agreement in principle to settle with Defendants Allstate Insurance Company, The Allstate Corporation, The Agents Pension Plan, and the Administrative Committee (collectively, the “Allstate Defendants”), and Defendant Edward M. Liddy, and that the parties are in the process of preparing and executing final settlement agreements. Although none of the Plaintiffs identified in Exhibit A has been paid yet pursuant to the parties’ agreement in principle to settle, Plaintiffs submit this notice in accordance with the Court’s August 13, 2018 Order (Dkt. No. 1507, at ¶ 2) to allow the Court to enter an order voluntarily dismissing the claims of these settling Plaintiffs with prejudice, without costs, pursuant to the agreement of counsel and Local Rule 41.1(b). None of the other Plaintiffs’ remaining claims is affected by this Notice.

Case 2:01-cv-03894-MAK Document 1512 Filed 08/17/18 Page 2 of 3

Dated: August 17, 2018

Respectfully submitted,

Michael D. Lieder (admitted pro hac) Law Office of Michael D. Lieder 1250 Connecticut Avenue, N.W., Suite 300 Washington D.C. 20005 Telephone: (202) 446-1909 Facsimile: (202) 822-4997
Mary Ellen Signorille (admitted pro hac vice) AARP Foundation Litigation 601 E Street, N.W. Washington, D.C. 20049 Telephone: (202) 434-2060 Facsimile: (202) 824-0955
Counsel for the Romero/Abell Plaintiffs

/s/ Coleen M. Meehan Coleen M. Meehan (ID No. 39765) William P. Quinn, Jr. (I.D. No. 39083) David W. Marston, Jr. (I.D. No. 84399) Brian M. Ercole (ID No. 91591) Marisel Acosta (ID No. 89696) Jacqueline C. Gorbey (ID No. 312041) MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: (215) 963-5000 Facsimile: (215) 963-5001
Paul Anton Zevnik (ID No. 140986) MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Ave., N.W. Washington, D.C. 20004 Telephone: (202) 739-3000

2

Case 2:01-cv-03894-MAK Document 1512 Filed 08/17/18 Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on August 17, 2018, a true and correct copy of the foregoing Notice of Voluntary Dismissal of the Claims of Romero and Abell Settling Plaintiffs Pursuant to Local Rule 41.1(b) was served via ECF and electronic email on all counsel of record.

Date: August 17, 2018

/s/ Coleen M. Meehan

 
 Case 2:01-cv-03894-MAK Document 1559 Filed 09/20/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

:

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

:

ALLSTATE INSURANCE COMPANY, :

:

et al.,

:

:

Defendants

:

:

CIVIL ACTION NO. 01-3894-MAK
CONSOLIDATED WITH: NO. 01-6764 (Romero II) NO. 03-6872 (Romero III) NO: 15-1049 (Abell) NO. 15-3047 (Anzivine)

NOTICE OF VOLUNTARY DISMISSAL OF THE CLAIMS OF ROMERO AND ABELL SETTLING PLAINTIFFS PURSUANT TO LOCAL RULE 41.1(b) Pursuant to Local Rule 41.1(b), Plaintiffs, by and through their undersigned counsel,
hereby notify the Court that each of the Romero/Abell Plaintiffs identified in the attached Exhibit A reached an agreement in principle to settle with Defendants Allstate Insurance Company, The Allstate Corporation, The Agents Pension Plan, and the Administrative Committee (collectively, the “Allstate Defendants”), and Defendant Edward M. Liddy, and that the parties are in the process of preparing final settlement agreements. Although none of the Plaintiffs identified in Exhibit A has executed a written settlement agreement or received payment yet pursuant to the parties’ agreement in principle to settle, Plaintiffs submit this notice in response to the Court’s request and to allow the Court to enter an order voluntarily dismissing the claims of these settling Plaintiffs with prejudice, without costs, pursuant to the agreement of counsel and Local Rule 41.1(b). None of the claims of the remaining Romero Plaintiff, Joseph Benoit, is affected by this Notice.

Case 2:01-cv-03894-MAK Document 1559 Filed 09/20/18 Page 2 of 3

Dated: September 20, 2018

Respectfully submitted,

Michael D. Lieder (admitted pro hac) Law Office of Michael D. Lieder 1250 Connecticut Avenue, N.W., Suite 300 Washington D.C. 20005 Telephone: (202) 446-1909 Facsimile: (202) 822-4997
Mary Ellen Signorille (admitted pro hac vice) AARP Foundation Litigation 601 E Street, N.W. Washington, D.C. 20049 Telephone: (202) 434-2060 Facsimile: (202) 824-0955
Counsel for the Romero/Abell Plaintiffs

/s/ Coleen M. Meehan Coleen M. Meehan (ID No. 39765) William P. Quinn, Jr. (I.D. No. 39083) David W. Marston, Jr. (I.D. No. 84399) Brian M. Ercole (ID No. 91591) Marisel Acosta (ID No. 89696) Jacqueline C. Gorbey (ID No. 312041) MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: (215) 963-5000 Facsimile: (215) 963-5001
Paul Anton Zevnik (ID No. 140986) MORGAN, LEWIS & BOCKIUS LLP 1111 Pennsylvania Ave., N.W. Washington, D.C. 20004 Telephone: (202) 739-3000

2

Case 2:01-cv-03894-MAK Document 1559 Filed 09/20/18 Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on September 20, 2018, a true and correct copy of the foregoing Notice of Voluntary Dismissal of the Claims of Romero and Abell Settling Plaintiffs Pursuant to Local Rule 41.1(b) was served via ECF and electronic email on all counsel of record.

Date: September 20, 2018

/s/ Coleen M. Meehan

 
 Case 2:01-cv-03894-MAK Document 1610 Filed 10/31/18 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

Plaintiffs,

CIVIL ACTION

v.

NO. 01-3894

ALLSTATE INSURANCE COMPANY, et al.,

CONSOLIDATED WITH NO. 15-3047 (Anzivine)

Defendants.

ORDER

AND NOW, this 31st day of October 2018, upon considering the parties' Joint Status

Report (ECF Doc. No. 1601) reporting all claims by all Plaintiffs have been resolved and with

our appreciation for Judge Heffley's exemplary efforts, it is ORDERED:

1. This action is DISMISSED under agreement of counsel and Local Rule of Civil Procedure 41.1 (b); 1 and,

2. The Clerk of Court shall mark this case and the consolidated case at No. 15-3047

CLOSED.

1 Local Rule 41.l(b) provides:
[a]ny such order of dismissal may be vacated, modified, or stricken from the record, for cause shown, upon the application of any party served within ninety (90) days of the entry of such order of dismissal, provided the application of the ninety-day time limitation is consistent with Federal Rule of Civil Procedure 60(c).

 
 Case 2:01-cv-03894-MAK Document 173 Filed 03/21/07 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.

:

:

v.

:

:

ALLSTATE INSURANCE COMPANY, :

et al.

:

CIVIL ACTION NO. 01-3894

GENE R. ROMERO, et al.

:

:

v.

:

:

THE ALLSTATE CORPORATION,

:

et al.

:

CIVIL ACTION NO. 01-6764

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION

:

:

v.

:

:

ALLSTATE INSURANCE COMPANY, :

et al.

:

CIVIL ACTION NO. 01-7042

MEMORANDUM AND ORDER

Fullam, Sr. J.

March 21, 2007

After unduly protracted consideration of the numerous motions still pending in these consolidated cases, I have reached the following tentative conclusions:
1. The decision of the Eleventh Circuit Court of Appeals in Scott v. Administrative Comm. of the Allstate Agents Pension Plan, 113 F.3d 1193 (11th Cir. 1997), and the later decision of the United States District Court for the Southern District of Florida in Swain v. Allstate Ins. Co. (No. 96-

Case 2:01-cv-03894-MAK Document 173 Filed 03/21/07 Page 2 of 3
0998)(Jan. 22, 1999), taken together, establish that the questioned amendments to the Allstate Pension Plan in this case were validly adopted and became effective. Regardless of whether these decisions give rise to a res judicata defense, or whether the plaintiffs in those cases should be regarded as in privity with the plaintiffs in our cases so as to give rise to collateral estoppel, this court has not been presented with any significant basis for disagreeing with those decisions.
2. The decision of the Seventh Circuit Court of Appeals in Isbell v. Allstate Ins. Co., 418 F.3d 788 (7th Cir. 2005), warrants the conclusion that plaintiffs’ claims of ERISA violations, age discrimination, and retaliation must fail. Again, that conclusion would be the same regardless of whether res judicata or collateral estoppel apply (i.e., because this court elects to follow the Seventh Circuit Court of Appeals).
3. To the extent that this court’s Order of March 3, 2004 declared that the releases were voidable, that decision was in error and should be vacated. Alternatively, the validity of the releases has become moot.
4. All other pending motions should be regarded as moot.
5. In view of the proliferation of motions and the length and complexity of counsel’s various briefs, counsel should be afforded an opportunity to call this court’s attention to (a)
2

Case 2:01-cv-03894-MAK Document 173 Filed 03/21/07 Page 3 of 3 any issue or issues which may have been overlooked, and (b) any argument or other factor impugning the correctness of the Scott, Swain and Isbell decisions.
IT IS THEREFORE ORDERED: Counsel may, within 20 days, file memoranda addressing (a) issues which this court may have overlooked in reaching the tentative conclusions expressed above, and (b) additional arguments tending to show that the Scott and Isbell Court of Appeals decisions were incorrect. Any such additional memoranda should not exceed 10 pages in length.
BY THE COURT: /s/ John P. Fullam John P. Fullam, Sr. J.
3

 
 Case 2:01-cv-03894-JF Document 183 Filed 06/20/2007 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.

:

:

v.

:

:

ALLSTATE INSURANCE COMPANY,

:

et al.

:

CIVIL ACTION NO. 01-3894

GENE R. ROMERO, et al.

:

CIVIL ACTION

:

v.

:

:

THE ALLSTATE CORPORATION,

:

et al.

:

NO. 01-6764

EQUAL EMPLOYMENT OPPORTUNITY :

COMMISSION

:

:

v.

:

:

ALLSTATE INSURANCE COMPANY,

:

et al.

:

CIVIL ACTION NO. 01-7042

O R D E R

Fullam, Sr. J.

June 20, 2007

By memorandum and order dated March 21, 2007, I notified the parties as to my tentative conclusions as to the ultimate merit of these related cases, and invited counsel to submit briefs before issuing a final ruling. I have considered the supplemental submissions of the parties, and now hold that:
1. For the reasons stated in the decision of the Eleventh Circuit Court of Appeals in Scott v. Administrative

Case 2:01-cv-03894-JF Document 183 Filed 06/20/2007 Page 2 of 3
Comm. of the Allstate Agents Pension Plan, 113 F.3d 1193 (11th Cir. 1997), and the later decision of the United States District Court for the Southern District of Florida in Swain v. Allstate Ins. Co. (No. 96-0998)(Jan. 22, 1999), the questioned amendments to the Allstate Pension Plan were validly adopted and became effective.
2. The decision of the Seventh Circuit Court of Appeals in Isbell v. Allstate Ins. Co., 418 F.3d 788 (7th Cir. 2005), warrants the conclusion that plaintiffs’ claims of ERISA violations, age discrimination, and retaliation must fail.
3. To the extent that this Court’s Order of March 3, 2004 declared that the releases were voidable, that decision was in error and is hereby VACATED. Alternatively, the validity of the releases has become moot. Thus, the decision of the Court of Appeals in Jakimas v. Hoffmann-LaRoche, 2007 WL 1394484 (3d Cir. May 14, 2007), does not affect my ruling.
4. The following Motions are GRANTED: a. Defendants’ Motions for Summary Judgment (Document Nos. 148 and 150 in 01-3894); b. Plaintiffs’ Motions for Leave to File (Document Nos. 166 and 179 in 01-3894); c. Defendants’ Motion to Dismiss (Document No. 29 in 01-6764);
2

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d. Defendants’ Motion for Summary Judgment (Document No. 42 in 01-7042).
5. The following Motions are DENIED: a. Defendants’ Motion for Attorney Fees (Document No. 21 in 01-6764); b. Plaintiffs’ Motion for Reconsideration of Dismissal of Employee Definition Amendment Claim (Document No. 31 in 01-6764).
6. All other pending motions are DISMISSED AS MOOT. 7. Counsel may submit within 20 days of the date of
this Order any issues that must be resolved before the case-files are closed.

BY THE COURT:

/s/ John P. Fullam

John P. Fullam,

Sr. J.

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 IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

ALLSTATE INSURANCE COMPANY, :

et al.,

:

Defendants.

:

CIVIL ACTION NO. 01-3894 CONSOLIDATED WITH NO. 01-6764 NO. 01-7042

TABLE OF CONTENTS FOR CROSS-MOTIONS FOR SUMMARY JUDGMENT AS TO THE VALIDITY OF THE RELEASE

I. FACTUAL BACKGROUND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A. Allstate’s Agency Programs Prior to 1999.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. The NOA Program. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2. R830 and R1500 Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. Allstate’s Exclusive Agent Independent Contractor Program. . . . . . . . . . . 9 4. Allstate’s Litigation with the IRS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 B. The Preparing for the Future Group Reorganization Program. . . . . . . . . . . 15 1. The Sales Organization of the Future Initiative. . . . . . . . . . . . . . . . . . . . . 15 2. Background Behind the Preparing for the Future Program. . . . . . . . . . . . 17 3. The Announcement of the Preparing for the Future Program. . . . . . . . . . 21 4. Program Information Provided After the Program Announcement. . . . . . 23 5. The Release. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

6. The OWBPA Disclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 7. State-Specific Issues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
a. New Jersey. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 b. Montana. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 c. West Virginia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 d. Delaware. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 8. Alleged Misrepresentations by Allstate about the Program.. . . . . . . . . . . 31 a. Confidentiality and Non-Compete Restrictions.. . . . . . . . . . . . . . 31 b. Rehire Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 c. Commission Rates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 d. Expected Results for R3001 Agents. . . . . . . . . . . . . . . . . . . . . . . 35 e. Allstate’s Level of Control Over Exclusive Agents.. . . . . . . . . . . 36 C. The Romero Plaintiffs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 1. General Information.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 2. Plaintiffs’ Consultations Regarding the Program and Release. . . . . . . . . 41 3. Plaintiffs’ Program Option Selections. . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 a. The EA Option.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 b. The Sale Option. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 c. The Enhanced Severance Option. . . . . . . . . . . . . . . . . . . . . . . . . . 43 d. The Base Severance Option. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 4. Rationales’ for Plaintiffs’ Program Selections.. . . . . . . . . . . . . . . . . . . . . 44 5. EEOC Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
ii

D. Procedural History.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 III. SUMMARY JUDGMENT STANDARD OF REVIEW. . . . . . . . . . . . . . . . . . . . . . . . 50 IV. DISCUSSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
A. Whether the Release Reaches All of The Claims Asserted in Romero I and Count II of Romero II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 1. Romero I Claims and Count II of Romero II. . . . . . . . . . . . . . . . . . . . . . . . 2 2. Counts I and III of Romero II.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 a. Whether the Language of the Release Excepts Out the Claims or Is Ambiguous and Should Be Construed in Plaintiffs’ Favor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 (i) “Claim . . . to Benefits”. . . . . . . . . . . . . . . . . . . . . . . . . . . 61 (ii) “Benefits to which I am entitled”.. . . . . . . . . . . . . . . . . . . 66 b. Whether Counts I and III Arose After the Execution of the Release. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 c. Whether Plaintiffs’ ERISA Claims Are Protected by ERISA’s Anti-Alienation Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 3. Conclusion Regarding the Scope of the Release. . . . . . . . . . . . . . . . . . . . 75
B. Whether the Release Is Valid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 1. Compliance with the OWBPA Disclosure Requirements. . . . . . . . . . . . . 76 a. The Disclosure Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 (i) Voluntary and Involuntary Terminations. . . . . . . . . . . . . . . . . 80 (ii) Montana Agents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 (iii) Exclusion of R3000 Agents from the List of Those Not Eligible or Selected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 (iv) Inclusion of New Jersey Agents.. . . . . . . . . . . . . . . . . . . . 92
iii

b. The “Understandability” Requirement.. . . . . . . . . . . . . . . . . . . . . 97 (i) Complex Language. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 (ii) Whether the Release Created the False Impression that Agents Could Not Challenge Its Validity or File EEOC Charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
c. The Consideration Requirement. . . . . . . . . . . . . . . . . . . . . . . . . 112 (i) Whether Plaintiffs Were Entitled to Continued Employment and Employment Benefits. . . . . . . . . . . . . 113 (ii) Whether Allstate Provided Plaintiffs With Any Consideration in Addition to That to Which They Were Already Entitled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 (iii) Conclusion as to Consideration. . . . . . . . . . . . . . . . . . . . 124
d. Conclusion as to the OWBPA Requirements. . . . . . . . . . . . . . . 125 2. Whether the Release Was Knowingly and Voluntarily Executed
Under the Totality of the Circumstances. . . . . . . . . . . . . . . . . . . . . . . . . 125 a. Whether the Release Was Voluntarily Signed. . . . . . . . . . . . . . . 127 b. Whether the Release Was Knowingly Signed. . . . . . . . . . . . . . . 139 c. Conclusion as to Knowing and Voluntary Execution
of the Release.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 3. Whether the Release Was Unconscionable. . . . . . . . . . . . . . . . . . . . . . . 148
a. Procedural Unconscionability. . . . . . . . . . . . . . . . . . . . . . . . . . . 148 b. Substantive Unconscionability.. . . . . . . . . . . . . . . . . . . . . . . . . . 150 V. CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
iv

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

ALLSTATE INSURANCE COMPANY, :

et al.,

:

Defendants.

:

CIVIL ACTION NO. 01-3894 CONSOLIDATED WITH NO. 01-6764 NO. 01-7042

MEMORANDUM

RONALD L. BUCKWALTER, S.J.

February , 2014

Currently pending before the Court are the Cross-motions for Summary Judgment by

Plaintiffs Gene R. Romero, et al. (collectively “Plaintiffs”), Defendants Allstate Insurance

Company, et al. (collectively “Allstate” or “Defendant”), and Defendant Edward M. Liddy as to

the Validity of the Release. For the following reasons, all Motions are denied.

I. FACTUAL BACKGROUND

The factual and procedural background of this case is a lengthy and convoluted one,

commencing in 1999 and spanning to the present day. The general facts are well-known to both

the parties and the Court. The sole issue of relevance at this juncture is whether the release of

claims signed by Plaintiffs is valid and/or bars Plaintiffs’ claims for relief. For the sake of both

simplicity and judicial economy in an already complex case, the Court will set forth only the basic, undisputed facts regarding the events that led to this litigation1 and will deal with the

1 In light of the thousands of pages of exhibits, the Court will stray from normal practice and will not cite to the parties’ evidentiary submissions for each undisputed fact. To do so would result in an exorbitantly lengthy opinion with little benefit to the parties. Rather, the Court will

disputed issues of fact regarding the Release in the course of the legal discussion. A. Allstate’s Agency Programs Prior to 19992 Defendant Allstate Insurance Company is an Illinois Corporation that sells insurance and
related products and services. Defendant Edward M. Liddy is the former President, Chief
Executive Officer, and Chairman of Allstate. He served as Chief Operating Officer from August
1994 to January 1999, as Chief Executive Officer from January 1999 to May 2005, and as
Chairman of the Board of Directors from January 1999 to April 2008.
As of November 1999, Allstate’s agency force included approximately 15,200 captive
agents that worked for either Allstate Insurance Company or Allstate New Jersey and could sell
and service only Allstate authorized products. Approximately fifty-four percent of the agents
operated under one of several employment contracts—the R830 Agent Compensation
Agreement, the R1500 Agent Employment Agreement, the eighteen-month R3000 Exclusive
Agent Employment Agreement, or the eighteen-month R4616 associate agent contract. After
eighteen months under the R3000 contract, Allstate offered approved agents the R3001 contract.
The R4616 contract was self-terminating after eighteen months and, with good performance by
the agent, could lead to an additional contract. The remaining forty-six percent of agents worked
limit its evidentiary citations to situations where necessary to eliminate an issue of fact or where the Court is quoting directly from a source.
2 The Court uses the outline and headings adopted by Allstate in its Statement of Undisputed Facts as a framework for a review of the crucial facts in this case. Notwithstanding this decision, the Court has fully incorporated Plaintiffs’ Statement of Undisputed Facts into this summary, relying particularly on Plaintiffs’ cross-references to its Statement of Undisputed Facts in their Response to Defendants’ Statement of Undisputed Facts. The Court, however, has eliminated from this summary many of Plaintiffs’ factual allegations dealing with matters extraneous to the validity of the release or otherwise dealing exclusively with the merits of the substantive claims of age discrimination.
2

as independent contractors under the R3001 contract. All of the Plaintiffs in this case, except Arlene Wendt, were employed as an employee agent under either an R830 or R1500 contract. Each of the agent programs and contracts had a variety of differing terms. Allstate’s R830 and R1500 contracts, however, were not subject to negotiation and were therefore uniform or “standardized.” All captive agents, regardless of their contract, sold the same products and had the same managers. In addition, as of November 1999, Allstate had about 400 captive employee agents in Canada who sold Allstate property and casualty insurance.
1. The NOA Program Prior to 1984, Allstate sold its insurance products primarily through employee agents located in Sears retail stores or in Neighborhood Sales Offices or Local Sales Offices. In 1984, Allstate introduced the Neighborhood Office Agent (“NOA”) Program, the reasons for which are disputed by the parties. At the time it introduced the NOA Program, Allstate also introduced the R1500 Agreement. Existing R830 agents could continue working under their existing agent program or voluntarily enter the NOA Program by either signing an amendment to the R830 Agreement or entering into an R1500 Agreement. Also effective in 1984, all new agents joining Allstate were required to both be NOAs and work under the R1500 Agreement.3 The R830 and R1500 Agreements were employee contracts. According to Allstate, the NOA Program was designed to provide employee agents more “entrepreneurial” discretion than those working in Sears stores or company-owned Neighborhood Sales Offices since NOA agents were able to operate individual Allstate agencies with clerical
3 Allstate ceased using the R830 contract for newly hired agents in 1984 when it introduced the R1500 contract with the “Neighborhood Office Agent” program.
3

and solicitor support staff they hired through a temporary agency and could choose their locations and officer partners. To market the NOA Program to its existing agents, Allstate represented that if “you” wanted to have “a proprietary interest in a business,” “choose your own office site,” “select your own clerical help,” “have unlimited income potential,” and still “have job security,” then “you” should become an Allstate NOA. (Declaration of Coleen M. Meehan (“Meehan Decl.”), Ex. 92 (“NOA Brochure”), at RH05112.) Plaintiffs, on the other hand, believe that the NOA Program was designed to shift costs from the company to the employee agents and grant the agents a clear “proprietary interest” in the business.
Allstate required the NOA employee agents to lease or otherwise secure their agency office location in their own names within an Allstate specified geographic area. Agents in the NOA Program also paid their own office and operating expenses, including telephone lines, certain of which were subject to reimbursement from an Allstate-provided office expense allowance (“OEA”). NOA agents had discretion to manage their OEA funds and office expenses, but the OEA was not always sufficient to cover routine office expenses. The maximum amount of OEA reimbursement available under the NOA employee program was approximately twenty percent of the commissions earned when a policy was issued or renewed. Agents had to invest their own funds to pay for operating costs above the OEA. Indeed, Allstate’s NOA Ready Reference Guide for Market Sales Managers directed managers, when interviewing prospective NOAs, to “[m]ake sure that the candidate is willing and able to spend his or her money. . . .” (Meehan Decl., Ex. 93 (“NOA Ready Reference Guide”), at ARI 142109.) The NOA Manual also stated that an agent could obtain an OEA advance from Allstate to pay up front expenses. Agents who received an OEA advance signed a “permanent advance
4

receipt” acknowledging that the funds were Allstate’s property and that the agents promised to repay them. The NOA Manual provided that unpaid advances outstanding at termination would be deducted from final pay and/or reimbursement where permitted by law. Plaintiffs contend that, over the years, Allstate urged all of its NOA agents to invest in their agencies. In turn, many of the Plaintiffs made substantial investments in their agencies. All Plaintiffs incurred over $10,000 in unreimbursed business expenses, and over half incurred such expenses in excess of $100,000.
2. R830 and R1500 Contracts The introductory paragraph of Allstate’s R830 contract represented to employee agents that their “agreement was carefully planned to provide you with financial opportunity and security[, including] . . . the security of continued income gained through renewals[,] . . . the opportunity to share in the profits you help create, and the usually broad protection plans for you and your family through the Allstate benefit package. (Declaration of Jordan M. Heinz (“Heinz Decl.”), Ex. 10 (“R830 Agreement”), at ARI 020338.) The R830 Agreement, however, provided that, “You do not have . . . any vested interest in any business produced under the terms of this agreement.” (Id. Part Four ¶ II, at ARI 020346.) Similarly, the R1500 Agreement provided that “[t]he Company will own all business produced under the terms of this Agreement. You acknowledge that you have no vested interest in such business.” (Heinz Decl., Ex. 11 (“R1500 Agreement”) ¶ 3.b, at ARI 002036.) Employee agents under the R830 and R1500 agents were eligible for a wide range of company-sponsored health and welfare benefits, including group medical insurance coverage for themselves and families, group dental insurance coverage for themselves and families, group
5

vision care coverage for themselves and families, group long term care insurance, group long
term disability insurance, group life insurance coverage, group accidental death and
dismemberment (AD&D) insurance coverage, use of pre-tax Flexible Spending Accounts, group
coverage for certain legal services, and paid vacation. In addition, all full-time employee agents
were entitled to a “production allowance” paid by Allstate to compensate for new business
production lost because of authorized absences or attendance at certain company meetings.
Both the R830 and the R1500 Agreements had termination provisions. The R830
Agreement stated as follows:
This agreement will automatically terminate upon your death. Either you or Allstate have the right to terminate this agreement upon mailing to the other, at his or its last known address, written notice of termination. After such termination you agree not to act or represent yourself in any way as our agent. The Company will not terminate your employment because of unsatisfactory work unless you have been notified that your work is unsatisfactory and that your job is in jeopardy and unless you have been given a reasonable opportunity to bring your performance up to satisfactory standards. . . . In no event shall an employee be released for any reason without the following review and approval procedure having been adhered to . . .
(Heinz Decl., Ex. 10, R830 Agreement, Part Four ¶ XI.) Employees who signed the R830
contract had the right to have any involuntary termination reviewed by the Agent Review Board.
Likewise, the R1500 Agreement contained the following termination provision:
Your employment and this Agreement will automatically terminate upon your death, retirement, loss or relinquishment of your insurance agent license, or failure to return to work upon expiration of a leave of absence. In addition, your employment and this Agreement may be terminated at will by either party, subject only to such limitations and restrictions as may be imposed by law, and in accordance with Company rules and procedures. Termination shall be effective upon giving notice of termination orally or in writing, delivered personally or mailed to the last known address of the other. Upon termination, you agree not to act or represent yourself in any way as an employee, agent or representative of the Company, except as otherwise agreed to in writing by you and the Company.
6

(Heinz Decl., Ex. 11, R 1500 Agreement, ¶ 11, at ARI 002038) The R1500 Procedure Manual also provided for agents to receive a job in jeopardy notice, be given a reasonable opportunity to cure, and receive a review of the termination through the Agent Review Board.
Although neither the R830 Agreement nor the R1500 Agreement provided severance or post-termination pay in the event of termination, Allstate maintained two pre-existing ERISA plans—the Allstate Severance Pay Plan and Allstate Service Allowance Plan—in the event of certain types of involuntary terminations. The Allstate Severance Pay Plan stated that posttermination pay could be provided under the Allstate Severance Pay Plan if the agent’s employment was “involuntarily terminated by the Employer for lack of work, employees, rearrangement of work, or reduction in workforce, as determined in the sole discretion of the appropriate Human Resource Account Team leader of the Employer.” (Heinz Decl., Ex. 24, (“Allstate Severance Pay Plan”), at A046690.) It expressly did not apply to employees “terminated under the terms of any group reorganization/restructuring benefit plan or program sponsored by the Employer.” (Id.) The severance benefit under the Allstate Severance Pay Plan was “two (2) weeks of pay for each complete year of service [up] to a maximum of fifty-two (52) weeks of pay.” (Id. at A46692.) This plan did not impose any non-solicitation or non-compete obligations.
The Allstate Service Allowance Plan provided for post-termination pay if the agent’s employment was “involuntarily terminated by the Employer for inability to satisfactorily perform the responsibilities of his/her position as determined in the sole discretion of the appropriate Human Resource Account Team Leader of the Employer.” (Heinz Decl., Ex. 25 (“Allstate Service Allowance Plan”), at A004944.) The amount of the mandatory service allowance under
7

this plan depended on the agents’ completed years of service and ranged from “two weeks of pay (for 1–4 years of continuous service) and thirteen weeks of pay (for 20 and over years of continuous service).” (Id. at A004945.) Like the previous plan, this plan did not impose any non-solicitation or non-compete obligations.
R830 and R1500 employee agents also participated in the Pension Plan, a traditional defined benefit plan designed “to provide, at no cost to employee agents, an income based on [their] level of compensation and length of employee service, upon retirement.” (Meehan Decl., Ex. 67 (“Agents Pension Plan”), at A008649.) Under the Pension Plan’s benefit formula, the greater the agent’s compensation and the greater their years of service, the larger their pension benefit at retirement, although the Pension Plan benefits ceased accruing once an agent hit a certain income level. Normal retirement benefits were payable on or after age sixty-five, but those with twenty or more years of continuous service could retire and start their benefit as early as age fifty-five. In addition, those who completed twenty or more years of continuous service were entitled to an early retirement subsidy for a “beef-up” of the compensation used in calculating their pension before Allstate purported to phase out the benefit between 1991 and 1999. “Continuous service” required that an employee have no more than twelve months between any termination of or retirement from employment with Allstate and his/her reemployment by Allstate.
Aside from employer-provided pension benefits, R830 and R1500 agents could fund their retirement through Allstate’s 401(k) plan—the Savings and Profit Sharing Fund—and receive an annual company match up to a certain percentage. In addition, Allstate had long provided subsidized medical coverage for its retirees and their eligible dependents, as well as retiree life
8

insurance benefits for those eligible. To be eligible for retiree medical and life, employee agents needed to work as Allstate employees until they attained at least (a) age sixty or (b) age fifty-five with at least twenty years of continuous service. These eligibility requirements were reduced to age fifty with at least ten years of service in cases involving “a right sizing, migration environment, or for health reasons.” (Meehan Decl., Ex. 69 (“March 12, 1993 Memo to Managers”), at ARI 071978.) If an R830/R1500 agent converted to an Exclusive Agent (described below), the agent forever lost the opportunity to receive the retiree medical or life insurance benefits. Like the Pension Plan, the greater the number of years of service completed by an R830/R1500 agent, the greater the company subsidy for retiree medical coverage.
Each year, Allstate provided all R830 and R1500 agents with a personalized statement of “total compensation,” which Allstate defined as comprising both pay and benefits to highlight their compensation from a total package benefit perspective. In these statements, Allstate emphasized the importance of the benefits and noted that they were a significant component of their total compensation. Allstate included paid time off as a component of the agents’ compensation. Independent contractors were not offered similar benefits.
3. Allstate’s Exclusive Agent Independent Contractor Program In 1990, Allstate introduced the Exclusive Agency (“EA”) Program. In that Program, agents could first operate under an eighteen-month provisional R3000 employee contract. After eighteen months under the R3000 Contract, Allstate offered approved agents the R3001 contract to become so-called independent contractor Exclusive Agents. Alternatively, agents could enter directly as independent contractors under an R3001 Agreement. With the introduction of the R3000/R3001 contracts, Allstate ceased using the R1500 contract for newly hired agents. This
9

was the first time in Allstate’s history that it deviated from an all-employee agency force. The R3001 Agreement differed from the employee agent programs in several respects.
First, the R3001 expressly provided that agents under this Agreement were “independent contractor[s] for all purposes and not . . . employee[s] of the Company.” (Heinz Decl., Ex. 31 (“R3001 Agreement”), at I.B. ) Second, Allstate contends that while employee agents were required to run individual agencies under Allstate’s supervision, EAs had more flexibility in their office operations—a fact which Plaintiffs dispute. Third, agents operating under the R3001 contract accrued an immediate vested interest in the business developed under the R3001 contract, and those who converted to the EA Agreement before January 1, 2000 possessed an “interest,” transferable after a set period of time, in the policies and accounts that they had generated while working as an employee under the R830 and/or R1500 contracts. Fourth, renewal commissions payable to EAs were greater than the commissions payable to R830 and R1500 agents. Fifth, EAs were not entitled to the same office expense reimbursements as R830/R1500 agents. Finally, EAs were not given the same employee benefit entitlements of R830/R1500 agents.
R830 and R1500 agents could apply to convert to the EA Program. In order to convert, agents had to undergo a multi-step application process, which included submission of an Exclusive Agent Appointment Request, a Letter of Understanding, a business plan, and a final approval request, as well as repayment of all outstanding advances to Allstate. Between 1990 and May 1998, agents who wished to convert also had to meet certain production requirements and have certain ratings on their most recent evaluations. As of June 1998, however, Allstate eliminated the production and performance criteria for conversion to the EA program. Agents
10

that converted to the EA Program from the R830 or R1500 Agreements between 1990 and November 1999 did not receive a conversion bonus. In addition, for those R830 or R1500 agents who converted to the EA Program prior to November 1999, their economic interest in the book of business serviced while an employee agent became transferable after five years, subject to Allstate’s approval.4 Allstate encouraged employee agents to convert to this program. Although some agents had converted to the EA Program by 1999, it is unclear exactly how many. Notably, all employee agents who converted to the R3001 Agreement prior November 1999 could do so without having to sign a release.
4. Allstate’s Litigation with the IRS In the mid-1990s several employee agents in the NOA Program obtained a tax court ruling in the case of Butts v. Commissioner of Internal Revenue, 49 F.3d 713 (11th Cir. 1995). The court found that the agents had proven that their professional relationship with Allstate was not as employees, but rather as independent contractors, meaning that their business deductions were to be reported under Schedule C of the tax return and not as Schedule A unreimbursed employee business expenses. Id. This ruling meant that the continued participation of independent contractors in Allstate’s tax-qualified employee benefit plans could have resulted in those plans losing their tax-qualified status. Allstate and the Internal Revenue Service (“IRS”) subsequently entered into amicable
4 Plaintiffs discuss a plan devised by an outside attorney to allow employee agents to set up business entities through which they acquired a financial interest in other agents’ books of business without the five-year waiting period. Plaintiffs also note that employees who converted to a variant of the R3001 Exclusive Agent Agreement possessed a transferable interest in the policies and accounts they generated before the five-year waiting period. Neither of these averments undermine the fact that, under Allstate’s EA Program prior to November 1999, there was a five-year waiting period.
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negotiations in order to resolve how to maintain the employee pension plans. Several options
were discussed. Allstate’s first option, proposed by the IRS, was for Allstate to re-classify all
employee agents as independent contractors. Allstate rejected this proposal and insisted on
continuing the NOA program as an employee option. As it stated to the IRS:
[C]onverting all NOAs to independent contractors would result in a quagmire of litigation and severely disrupt the business activities of Allstate’s agents. Such a change would require amending or terminating the NOAs’ compensation agreements [i.e., R830/R1500 contract] to reflect independent contractor status. A unilateral change to the compensation/expense reimbursement structure for this agent group would undoubtedly lead to litigation and significantly damage[] Allstate’s relationship with the agents. . . . . . . The NOAs are long-service employees. They have expected to be compensated as employees and receive the fringe benefits that Allstate has traditionally provided. Not only would individuals lose future benefit plan accruals and contributions if they were all converted to independent contractors, many of these individuals have spent all of their careers with Allstate and have hoped to retire with retiree life and medical benefits. Ceasing the NOAs’ employee service at this juncture in their careers would have severe economic consequences to them.
(Meehan Decl., Ex. 54 (“Allstate Insurance Company Pre-Submission for June 23, 1997
Meeting”), at ARI 10110.)
Next, the IRS proposed that Allstate eliminate the financial risk faced by NOAs by paying
for more or all of their business expenses. Allstate likewise rejected this solution. Finally,
Allstate proposed that it could change financial control over the NOAs by limiting office rent and
support staff to the total of an agent’s OEA.
After several years of negotiations, Allstate and the IRS finally reached an agreement in
1998 (the “IRS Closing Agreement”). This Agreement provided, in part, that beginning by
January 1, 1999, NOAs were to perform services for Allstate under the following express terms:
1. Allstate shall restructure its compensation and expense allowance for NOAs
12

as of January 1, 1999. Any changes to an NOA’s compensation and expense allowance as of that date and thereafter shall be made only upon approval by the company.
2. Allstate shall pay directly or maintain a system of reimbursement for Allstate business expenses that are approved by the Company and incurred by an NOA, including office lease and support staff, and Allstate may limit reimbursements to the amount of an NOA’s office expense allowance that is established by the Company.
3. Allstate shall require that no NOA incur combined expenses for office lease or for support staff services that exceed the amount of the NOA’s office expense allowance from the Company.
4. Allstate shall pay a minimum compensation amount to each NOA, regardless of the premium income attributable to such agent.
5. Allstate shall instruct NOAs on how to conduct sales for each of its major product lines and train NOAs on the means and manner of interacting with customers, including specific dialogues and procedures to be followed with customers and policyholders.
6. Allstate shall maintain a system under which NOAs are managed and evaluated on the basis of adherence to the Company’s policies and practices.
7. Allstate shall require that NOAs work full-time and maintain specified office hours.
(Heinz Decl, Ex. 41 (“IRS Closing Agreement”), at ARI 04485.)
In March 1998, Allstate announced to agents that the changes agreed to by Allstate in the
Closing Agreement with the IRS would take effect on January 1, 1999. In turn, Allstate required
agents to sign an “Acknowledgment of Understanding,” in which NOAs specifically agreed and
acknowledged as follows:
By signing this Acknowledgment of Understanding (“Acknowledgment”) which is effective January 1, 1999 and continues in effect so long as I am employed under the R830 or R1500 Agreement, I acknowledge that I am an employee of Allstate Insurance Company (“Allstate”) and that Allstate has the right to control the manner and means by which I perform services for Allstate. I acknowledge that, as
13

a condition of my continued employment, I am required to act in a manner consistent with my status as an employee of Allstate. Note: Under the federal tax laws, unreimbursed expenses incurred by employees may be reported only on Form 2016 (Employee Business Expenses). Such expenses reported on Form 2106 are required to be transferred to, and deducted , Schedule A of Form 1040.
If I do not act consistently with my status as an employee, I understand that (1) my R830 or R1500 Agreement, as well as my employment with Allstate, may be terminated at the sole discretion of Allstate and (2) thereafter, Allstate may choose not to allow me to perform agent related services as an independent contractor. I further understand that if I do not, or if any other agent working under the R830 or R1500 Agreement does not, act consistently with employee status, such actions could, among other things, lead to the discontinuation of Allstate’s employee agent programs. (Heinz Decl., Ex. 42 (“Acknowledgment of Understanding”) (emphasis in original).) In addition, Allstate required agents in the NOA Program to prepare Office Expense Allowance Worksheets to comply with paragraph three of the foregoing Closing Agreement requirements. If the amount of OEA was insufficient to cover office lease and support staff payments, NOA agents could increase the OEA available by reallocating one or two commission percentage points to OEA. As a result of these changes, there were multiple groups of captive agents and the NOA Program had multiple reimbursement arrangements. According to Allstate, but disputed by Plaintiffs, these modifications resulted in inefficiency and impaired its ability to make product and pricing changes. Moreover, Allstate contends, and Plaintiffs dispute, that the IRS Closing Agreement requirements hindered Allstate’s flexibility and ability to take advantage of opportunities in the marketplace.
14

B. The Preparing for the Future Group Reorganization Program 1. The Sales Organization of the Future Initiative5
The Sales Organization of the Future (“SOOF”) initiative was large in scope and used extensive Allstate resources from 1997 to 1998, including dozens of Allstate employees, some of whom worked full-time on the initiative. SOOF was a project led by outside consultant McKinsey & Company (“McKinsey”) to simplify procedures, take low-value-added activities out of the agents’ offices, and allow agents to sell more products. McKinsey was paid $525,000 per month in consulting fees. Nonetheless, the SOOF work was overseen by a high level “steering committee” that included certain of Allstate’s senior officers, including Edward Liddy, who was then Chief Operating Officer of Allstate. Among the other officers on the steering committee were Bob Gary, then President of Allstate’s Personal Property & Casualty business; Steve Groot, then Senior Vice President and President of Allstate Indemnity; Lou Lower, then President of Allstate Life Insurance; Frank Pollard, then Senior Vice President and Chief Information Officer; Rita Wilson, then Senior Vice President; and Tom Wilson, then Senior Vice President and Chief Financial Officer. As Allstate advised the IRS, Mr. Liddy chaired a SOOF “task force . . . appointed to work directly on [the NOA classification] issues” in the course of “reviewing Allstate’s agent distribution system and . . . recommending changes . . . to best position Allstate
5 Allstate objects to many of the SOOF documents created by McKinsey & Company as inadmissible hearsay that have not been authenticated or established as an admissible business record. Nothing in the record suggests, however, that Plaintiffs will be unable to authenticate these records at trial and establish them as business records. It is well established, under Federal Rule of Civil Procedure 56(c)(2), that the party offering the evidence need not present the disputed evidence in a form admissible at trial, but need only demonstrate that the evidence could be reduced to an admissible form at trial. Fed. R. Civ. P. 56(c)(2); Knopick v. Downey, No. Civ.A.09-1287, 2013 WL 1882983, at *4 (M.D. Pa. May 6, 2013).
15

for the future.” (Meehan Decl., Ex. 54, (“Allstate Insurance Company Pre-Submission for June 23, 1997 Meeting”), at ARI 180109.) By November 1997, Messrs. Liddy and Gary had reportedly spent approximately forty hours in working sessions with the SOOF team.
Several proposals were offered by McKinsey, although the evidence is disputed as to whether Allstate ever considered such proposals. First, there was a suggestion to impose minimum performance standards, which would result in approximately 1500 agents unable to meet those standards. Second, the SOOF initiative included a separation allowance proposal to allow agents to voluntarily leave Allstate if they did not want to participate in changes. Neither of these proposals was adopted.
One of the questions that the SOOF team discussed was whether agents should be employees or EA’s/independent contractors. The SOOF team recognized that Allstate could “not force conversion of reticent employee agents” and thus proposed a “[g]radual transition to EA . . . through [i]ncenting employee agents to convert and removing barriers.” (Meehan Decl., Ex. 134 (“SOOF Blueprint of Emerging Vision”), at ARI 210916, ARI 210931.) The draft document entitled “SOOF Emerging Blueprint,” created by McKinsey, stated that “[o]ur objective is to migrate existing agents to EA over a multi-year period . . . . We will not force conversion; rather we will make migration to EA as attractive as possible by removing barriers such as medical and retirement benefit options.” (Meehan Decl., Ex. 129 (“SOOF Emerging Blueprint November 1997”), at ARI 018587.) The draft document also noted that two-thirds of Allstate agents were employee agents, of which fifty percent were over fifty years old. A McKinsey-prepared document, entitled “Compensation Comparison Across Contracts,” revealed that, in comparing the R830/R1500 contracts versus the EA’s R3001 contract, conversion of all R830/R1500 agents
16

to EAs would result in an Allstate savings of $90 million per year due to the elimination of employee benefits and entitlements. The same document recognized that the “best financial strategy” for an R830/R1500 agent was “to remain an employee (earning higher revenue)” and then convert to an EA five years before retirement “to cash in on the book as well.” (Meehan Decl, Ex. 120 (“SOOF Compensation Comparison Across Contracts”), at AF061697.) The SOOF team projected, however, that if Allstate took no action to encourage the R830/R1500 agents to convert to EA’s or leave, it would take thirty-one years to remove R830 agents from the system and thirty-five years to remove R1500 agents from the system. McKinsey subsequently looked into how to provide incentives for conversion and to identify disincentives to voluntary conversion. To that end, McKinsey proposed various options. At no time prior to November 1999, however, did Allstate adopt any deadline for conversion or change the age/service requirements under the Pension Plan.
Allstate contends that by November 1999, SOOF was never used in building any real program. It further asserts that SOOF was irrelevant to the November 1999 Program that is the subject of this litigation.
2. Background Behind the Preparing for the Future Program Effective January 1, 1999, Allstate had five captive agent programs operating pursuant to the following contracts: (1) R3001 contract; (2) R3000 contract; (3) R4614 Associate Agent contract; (4) R830 contract; and (5) R1500 contract. As noted previously, each of these programs had different compensation/commission structures, different OEA formulas, and different evaluation standards. Therefore, in June 1999, Allstate began evaluating whether changes could be made to consolidate its agency programs into a single program. Barry Hutton,
17

an Assistant Vice President in Allstate’s Sales Department, was charged with spearheading this inquiry. Hutton’s team was initially called the Channel Integration Project and/or the Early Bird team. The members of the Channel Integration team included: Helen Brown, Regional Distribution Leader; James Dill, Home Office Counsel; George Giles, Human Resources; Carole Jassen, Senior Sales Manger; Dolores Jossund, Measurement Director, Distribution; Michael Rocen, Senior Sales Professional; and Dudley Bright, Director of Personal Lines Finance. In addition, the team received assistance from field representatives, including Mike Brown, Jim Brown, Brad Roeber, and Ken Schmidt.
Because the team discussed highly sensitive topics and met frequently, the team worked at an off-site location. Members of the team signed a confidentiality and non-disclosure agreement. The team then reported, every one or two weeks, to a small group of Allstate officers that included Robert Gary, Phil Lawson, Rick Cohen, and Jeff Kaufman.
The Channel Integration Team was assigned to investigate three broad topics: (1) whether Allstate should move to a single-contract agent program whereby all agents would operate under the same contract; (2) what Allstate could do to help underperforming agencies; and (3) how Allstate could better align agent compensation with company objectives. Mr. Hutton identified two possible designs, both of which involved forcing the conversion of employee agents to the R3001 contract. The parties dispute the reasoning and logic behind the merging of the various agency programs into one. Allstate claims that it was an effort to address the inefficiencies associated with changing all of Allstate’s existing programs to respond to fluid market conditions, the complexity associated with introducing and pricing of new insurance products, and the challenge of supporting an agency force comprised of both employees and independent
18

contractors. Plaintiffs, however, argue that Allstate managed employee agents and exclusive agents in the same way and that Allstate suffered no additional complexities.
The Hutton team selected the EA Program as the program of choice to which it would move all of its agents. Both parties agree that this Program was not impacted by the same IRS issues. Allstate, however, claims that this Program was its most successful and provided the agents with the most freedom. Plaintiffs, on the other hand, suggest that Allstate chose this Program because it significantly lowered the company’s costs by allowing it to have captive agents without either the office expense reimbursement or the costly employee benefits entitlements of its employee agents. By July 1999, the concept of a Release was included in one of the Channel Integration Team presentations entitled “Winning in the New Century,” and the concept of offering three options to employee agents was introduced. The presentation remarked that “[e]mployee agents cannot convert, sell BOB [books of business] or receive the Separation Plan without signing a release.” (Meehan Decl., Ex. 155 (“Winning in the New Century”), at ARI 000631.)
On July 12–13, 1999, Allstate met with its Board of Directors to discuss, among other items, its strategy for employee agents. The discussion was led by Bob Gary, the President of Allstate Property and Casualty. Allstate set aside an hour and one-half with the Board to address its strategy for the agents. One of the slides presented at that meeting stated as follows:
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AGENCY TRANSITION

Wish List • Agency Reduction in Force $
Based on Standards

Realities • Not Legally Possible

• Agents All on One

$

Contract

• Legal and Fairness Issues • Large Charge to Pension Fund

• Reduce Agent Compensation

$

• Difficult Move in View of All

That is Coming Down

(Meehan Decl., Ex. 151 (“Allstate Board of Directors Strategy Meeting”), at ARI 003317.) This

same document advised Allstate’s Board that an agent reduction in force based on standards was

not legally possible. No minutes were taken of the July 12–13, 1999 Allstate Board of Directors

strategy meeting.

In late September 1999, the Hutton team recommended to Richard Cohen, Allstate’s

President, that Allstate discontinue its employee agency program and offer all employee agents

the opportunity to become Exclusive Agents under an R3001 contract. In September and

October 1999, Cohen and Edward Liddy had frequent discussions concerning the Hutton team’s

recommendation. In late October, Liddy and Cohen made the decision to go forward with this

recommendation. Allstate contends that this decision was necessary to effectively compete in the

marketplace, whereas Plaintiffs believe that Allstate made this decision to strip the employee

agents of their employee benefits, including pensions, and to rid itself of older employee agents.

Ultimately, by late October 1999, the Hutton team moved forward with what became known as

the Preparing for the Future Group Reorganization Program (the “Program”). In November

1999, Allstate formally adopted the Agent Transition Severance Plan (“ATSP”), which contained

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both non-compete and non-solicitation provisions that constituted eligibility requirements for participation in that Plan.
3. The Announcement of the Preparing for the Future Program On November 10, 1999, Allstate announced the Program by noting that as part of a “New Business Model” it was “reorganiz[ing] its existing captive agency program to a single exclusive agency independent contractor program.” (Meehan Decl, Ex. 37 (“Nov. 10, 1999 Press Release”), at ARI 001257.) At the November 1999 scripted presentation to employee agents, Allstate represented that the Exclusive Agency program is the “premier program” and provides agents with more flexibility to grow their agencies and effectively manage their operations. (Id. at ARI 001264.) With few exceptions, Allstate terminated the employment contracts of the 6,200-plus R830 and R1500 employee agents effective no later than June 30, 2000. Those agents were not given job-in-jeopardy notices, were not offered the opportunity to have their termination reviewed by an Agent Review Board, and were not terminated based on any individual circumstances. While Allstate argues that the Program applied to all agents regardless of age, productivity, or performance, Plaintiffs contend that it adversely and disproportionately impacted older employees since, as agreed by the parties, approximately ninety percent of the R830/R1500 agents were over forty years of age. In connection with the termination of the R830 and R1500 employment contracts, Allstate offered the agents working under those contracts four options. The first three options were conditioned upon the agents’ agreement to execute a release of claims, while the fourth option did not. The first option was the “EA Option.” According to the Program Information Booklet, this option would allow the agent to enter into an R3001C or R3001S Agreement
21

thereby converting the agent from an employee to an independent contractor. The agent would then be entitled to all of the benefits and requirements of that contract, including increased renewal commissions, plus a conversion bonus, earlier transferability in the agent’s book of business, debt forgiveness, and reimbursement for moving expenses if necessary. The agent was not permitted to take advantage of this option, however, without the signing of a release.
The second option was the “Sale Option.” This option also permitted an agent to enter into R3001C/S Agreement with Allstate, thus converting the agent to an EA independent contractor. In turn, the agent would receive a “conversion bonus” and Allstate would forgive any advances owed, assume certain lease and advertising obligations incurred as an employee agent, and permit the agent, after thirty-days’ service as an EA, to sell his or her book of business written while an R830 or R1500 agent. Again, this option required the agent to sign a release.
The third option was the “Enhanced Severance Option.” Under this option, Allstate would pay the agent “enhanced” severance equal to one year’s pay based on the better of 1997 or 1998 total compensation, forgive debt and/or expenses that Allstate had advanced to the agent, and relieve the agent of certain lease and advertising obligations incurred as an R830 or R1500 agent. Yet again, this option was not available unless the agent signed a release.
The final option was the “Base Severance Option.” If an agent elected this option, then Allstate paid him or her up to thirteen weeks of pay. The agent electing this option did not need to enter into a release, although he/she was subject to certain additional non-compete and nonsolicitation obligations. Notably, Allstate had determined that agents affected by the Program were ineligible for the existing severance or post-termination pay plans described above (the Allstate Severance Pay Plan and Allstate Service Allowance Plan) because they were not
22

terminated for any of the reasons set forth in those Plans. Allstate also took the position that the pre-existing severance/post-termination pay Plans were inapplicable because they did not apply to group reorganization programs.
4. Program Information Provided After the Program Announcement Following the November 10, 1999 Program announcement, Allstate held meetings with agents on a regional basis to provide information about the Program. After the initial meetings, Allstate conducted additional regional and local meetings with agents to further discuss the details of the Program. Although agents were not permitted to ask questions at the initial November meeting, Allstate managers took questions and provided answers at many of the subsequent regional meetings. In addition, Allstate provided each employee agent with a detailed package of written materials regarding the Program. Each package included a Program Information Booklet that explained the Program and the Program options, as well as a copy of the Release, copies of the R3001S and R3001C booklets explaining the impact of conversion on agent benefits and descriptions of the EA benefit plans, and other information. Each employee agent also received a personalized information worksheet estimating the amounts that the agents would receive under each of the options. Notably, the personalized information worksheets did not identify the amount each agent would receive in base severance if they did not sign the Release, nor did they identify any estimate of what an agent could or would receive from an Allstate-approved buyer for selling his or her book of business. Moreover, Allstate did not quantify the value of the benefits that employee agents were losing as a result of the conversion to the R3001 contract. Instead, the worksheet directed agents to perform this calculation on their own on a designated
23

space on the form.
Allstate also gave each employee agent an Informational Notice, dated November 16,
1999, that purported to explain the Release requirement for the EA Option, Sale Option, or
Enhanced Severance Option. The Notice stated, in its entirety, the following:
NOTICE REGARDING THE “PREPARING FOR THE FUTURE” GROUP REORGANIZATION PROGRAM FOR R830 AND R1500 AGENTS (THE “PROGRAM”) ELECTION FORM AND GENERAL RELEASE AND WAIVER AGREEMENT (“RELEASE”); EMPLOYMENT TERMINATION NOTICE, AND OTHER IMPORTANT INFORMATION
Please note the following specific items. a. Each option chosen under the Program contains specific payments, benefits,
limitations and requirements You should review carefully the “Preparing For the Future”—R830 and R1500 Agent Information Booklet For the Group Reorganization Program (“Program Information Booklet”) and all other information given to you in connection with the Program, including the Release and ADEA Waiver Information attached to this Notice, before you make our decision. Please note also in making your election that the Exclusive Agency program, like other Allstate programs, is subject to change in the future to meet future business needs.
b. You have more than 45 days from the date of this Notice, or until June 1, 2000 (or in Delaware, December 1, 2000), to consider whether to accept one of the options available under the Program.
c. If you elect an option under the Program and sign the Release, you will then have seven days after signing to change your mind and revoke the Release (15 days in Minnesota).
d. Your employment as an Allstate Agent and your R830 Agent Compensation Agreement or R1500 Agent Employment Agreement shall terminate no later than the close of business on June 30, 2000 (or if in Delaware, no later than close of business on December 31, 2000).[] This constitutes any notice suggested or required pursuant to any federal, state, or local law. You may contact our Regional Human Resources Manager if you have any questions regarding this. Details regarding our ability to terminate your employment earlier under the Program are discussed in the Program Information Booklet and related materials.
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If you sign the Release, you will be waiving your rights to any claims or potential claims arising out of your employment, termination of employment or transition to independent contractor status which have been, or could be filed against Allstate, or its affiliates pursuant to any local, state or federal law. Therefore, we advise you to consult with an attorney before you elect one of the options available to you and release and waive any legal claims.
As noted in the Program Information Booklet, in order to be eligible for the enhanced severance pay or other compensation or benefits available under the Program, except for base severance pay, you must submit the Release properly addressed and postmarked or received by Allstate no later than June 1, 2000 (or if in Delaware, December 1, 2000). If you wish to receive only base severance pay, under the terms of the Agent Transition Severance Plan you are not required to sign the Release, but you should submit instead the Base Severance Pay Election Form properly addressed and postmarked or received by Allstate no later than June 1, 2000 (or if in Delaware, December 1, 2000). Please mail or hand deliver the Release or Base Severance Pay Election Form to your Regional Human Resource Manager. Failure to submit either form by the deadline noted above shall be viewed as an election of the base severance pay option only.
(Heinz Decl., Ex. 62 (“Informational Notice”) (emphasis in original).)
From November 1999 through June 2000, agents could submit questions to their agency
manager, then to their local HR manager, and finally to Allstate’s 800-number resolution line.
Allstate identified between 500–600 agency managers and 13–14 local Human Resources
managers as persons who would answer questions from employee agents about the Program.
Agency managers were provided with uniform materials to answer questions and were instructed
to stick to Allstate’s script. Allstate then provided R830 and R1500 agents with eleven sets of
Questions and Answers regarding various aspects of the Program that were generated from agent
inquiries. In total, there were more than 230 Questions and Answers provided to agents.
5. The Release
As noted above, in connection with the announcement of the Program and the provision
of the Informational Notice in November 1999, agents also received a copy of the Release. The
25

Release was three-pages long, including a signature page. The Release and Waiver Provision
stated:
In return for the consideration that I am receiving under the Program, I hereby release, waive, and forever discharge Allstate Insurance Company, its agents, parent, subsidiaries, affiliates, employees, officers, shareholders, successors, assigns, benefits plans, plan administrators, representatives, trustees and plan agents (“Allstate”), from any and all liability, actions, charges, causes of action, demands, damages, entitlements or claims for relief or remuneration of any kind whatsoever, whether known or unknown, or whether previously asserted or unasserted, stated or unstated, arising out of, connected with, or related to, my employment and/or the termination fo my employment and my R830 or R1500 Agent Agreement with Allstate, or my transition to independent contractor status, including, but not limited to, all matters in law, in equity, in contract, or in tort, or pursuant to statute, including any claim for age or other types of discrimination prohibited under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Employee Retirement Income Security Act (“ERISA”), the Illinois Human Rights Act, and the West Virginia Human Rights Act as those acts have been amended, or any other federal, state, or local law or ordinance or the common law. I further agree that if any claim is made in my behalf with respect to any matter released and waived above, I hereby waive any rights I may have with respect thereto and agree not to take any payments or other benefits from such claim. I understand that this release and waiver does not apply to any future claims that may arise after I sign this Release or to any benefits to which I am entitled in accordance with any Allstate plan subject to ERISA by virtue of my employment with Allstate prior to my employment termination date.
(Heinz Decl., Ex. 186 (“Release”), at ARI 004101.)
The next section of the Release states:
I acknowledge that:
(a) I have read this Release, and I understand its legal and binding effect. I am acting voluntarily and of my own free will in executing this Release.
(b) I have had the opportunity to seek, and I was advised in writing to seek the advice of an attorney prior to signing this Release. . . .
(c) I was given at least 45 days to consider the terms of the Program, including this Release, before signing it. I understand that I may make an election under the Program before forty-five (45) days, but I am under no obligation
26

to do so.
(d) If I am a Minnesota, California, North Dakota, or South Dakota agent or resident, I acknowledge that I have reviewed the disclosures and agree to such statements relevant to me as discussed below.
(Id.)
The Release then goes on to provide information regarding the right to revoke or rescind,
as follows:
I understand that if I sign this Release, I can change my mind and revoke it within seven days after signing it. I understand that the Release and Waiver set forth in the first paragraph and the consideration available under the Program above will not be effective until afer this seven-day period has expired. . . . I understand that a decision to revoke or rescind within such period should be submitted in writing to my Human Resource Manager. If I do not revoke within the seven-day period discussed above . . ., then the Release will become fully effective.
(Id.)
The Release further requires the signer to acknowledge receipt of information about the
Program:
On the date that I received a copy of this Release, I also received a copy of the Program Information Booklet, and other written information which includes a description of: (a) the group of Agents covered by the Program, the eligibility factors of the Program, and any time limits and conditions applicable to the Program and method used in arriving at the amount of consideration offered; and (b) the job titles and ages of all individuals eligible and selected for the Program, and the ages of all individuals in the same job classification, who are not eligible and not selected for the Program.
(Id. at ARI 004102.)
Finally, following some state-specific announcements, the Release provides an Election
of Option and Signature section:
Election of Option and Acceptance of Release and Waiver
27

I have read and understand the Release, as well as the materials describing the Program, including the Program Information Booklet. I voluntarily make the following election (choose one): I understand that my employment as an Allstate Agent and R830 and R1500 Agent Agreement will terminate on or before June 30, 2000 (or if in Delaware, December 31, 2000). I accept the Program and agree to be bound by its terms and the terms of this Release, including the Release and Waiver set forth above by choosing one of the following options: . . . [list of options described above] (Id. at ARI 004103.) Allstate’s corporate designee, Mr. Hutton, conceded that without the Release, Allstate would not have moved forward with the Preparing for the Future Program. The Release was drafted by Allstate and the terms were completely non-negotiable. Allstate further made clear that it would not accept any signed Releases that were marked up in any way, either with language crossed our or additional terms or notes added to the Release by hand. Indeed, Plaintiffs Romero, Kelly, T. Kearney, and Wiktor submitted Releases to their managers with modifications and Allstate declined to accept them.
6. The OWBPA Disclosure Also in November 1999, Allstate provided its agents with a written document entitled “Age Discrimination in Employment (‘ADEA’) Waiver Information.” This document was issued in an effort by Allstate to comply with the requirement of the Older Workers Benefit Protection Act (“OWBPA”), 29 U.S.C. § 626(f)(1)(H), that employers seeking a release of ADEA claims as part of an employment termination program provide the employees with the job titles and ages of those selected, and those that are not selected, for the program. Under that statute, the list of individuals not eligible or selected for the program must include only individuals “in the same job classification
28

or organization unit” as those employees who are eligible or selected for the program. Id.
Allstate’s document stated:
All Allstate R830 and R1500 Agents are eligible for the options described in the “Preparing For The Future” - R830 and R1500 Agent Information Booklet For the Group Reorganization Program (“Program Information Booklet”), except Montana and New Jersey Agents who will be covered in separate programs with different options available to them. Please consult the Program Information Booklet for more detailed information about the Program.
(Heinz Decl., Ex. 74 (“Age Discrimination in Employment Waiver Information”), at ARI
003839.) The document went on to list, by contract, the number of agents from each age that
were eligible and selected for the Program and the number of agents from each age that were not-
eligible and not selected for the Program. The document remarked that nine R830 and eleven
R1500 agents from Montana were not selected for the Program, and that 175 R830 agents from
New Jersey were not selected for the Program. The document did not disclose (a) that R830 and
R1500 employee agents in West Virginia hired on or after June 8, 1984 were “not eligible and
not selected” for the Program; (b) that at least four R830 employee agents from other states did
not have their contracts terminated; (c) and that Allstate’s associate and R3000 agents were “not eligible and not selected” for the Program.6 Moreover, in February 2000, subsequent to the
issuance of this document, Montana agents, who were listed on the original document as “not
eligible and not selected,” became eligible and selected for the Program. Only the Montana
R830 and R1500 agents received an updated February 2000 OWBPA disclosure listing them as
“eligible and selected.” Ultimately, the document indicates that 6,526 agents were made eligible
6 As noted above, both associate agents and R3000 agents were R3001 trainee agents and a part of Allstate’s Exclusive Agency Program, not the employee agent program. By November 1999, the company had decided to stop hiring associate agents and was considering eliminating the R3000 program as well, in favor of a new program.
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and selected for the Program. 7. State-Specific Issues a. New Jersey
As of October 1999, the average age of the R830 agents employed by Allstate New Jersey was fifty-nine years old. Allstate determined that New Jersey employee agents in the Program were ineligible for inclusion in the Program because (1) they were employed by Allstate New Jersey Insurance Company, a separate company under a different management structure and compensation system than the rest of the employee agents in the United States and (2) New Jersey had unique state insurance withdrawal laws, which could have been triggered in the event of a decrease in the number of agencies in New Jersey.
b. Montana Allstate considered Montana agents for the Program and listed them as not eligible and not selected on the OWBPA disclosure. Allstate avers that it listed them as ineligible on the November 16, 1999 disclosure because of certain unidentified Montana state laws. By February 2000, however, Allstate ultimately determined that Montana agents were eligible for the Program. On February 15, 2000, Allstate included Montana agents in the Program and distributed the Program materials with an updated disclosure to the Montana agents. The Montana-specific version of the Preparing for the Future Information Booklet informed Montana agents that they had until September 1, 2000 to consider whether to accept one of the Options available under the Program and that their contracts would be terminated no later than September 30, 2000. Thereafter, Montana agents were moved to the eligible category in the revised ADEA Waiver Information distributed only to Montana agents.
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c. West Virginia West Virginia employees who entered into their Allstate contracts on or after June 8, 1984 could not be terminated as part of the Program. Allstate nonetheless included them as eligible because each of them was, according to Allstate, offered consideration in exchange for entering into the Release. In turn, it included the ages of West Virginia employee agents hired on or after June 8, 1984 in the list of eligible agents on the OWBPA disclosure.
d. Delaware Under a Delaware statute requiring twelve months’ notice to terminate an insurance agency contract, Delaware agents were given until December 1, 2000 to sign the Release or have their relationship with Allstate terminated. Thus, the Delaware-specific version of the Preparing for the Future Information Booklet informed Delaware agents that they had until December 1, 2000 to consider whether to accept one of the Options available under the Program and that their contracts would be terminated no later than December 31, 2000.
8. Alleged Misrepresentations by Allstate about the Program a. Confidentiality and Non-Compete Restrictions
Allstate informed agents that Allstate customer lists were the property of Allstate and that the names, addresses, and ages of these customers were confidential information and the exclusive property of Allstate. Specifically, in a March 23, 2000 set of Questions and Answers (“Q&As”) regarding the Program and Release, Allstate explained:
Q: If an agent ends his/her agency relationship and goes to work selling a noninsurance product, can the agent contact his/her prior Allstate customers regarding the new product?
A. No. Although this is not a violation of the noncompete provision, it is a violation of the confidentiality provision. The Allstate customer list is
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Allstate’s property and cannot be used by a former agent for any purpose including marketing non-insurance products. (Declaration of Erica B. Zolner (“Zolner Decl.”), Ex. 102 (“Preparing for the Future Questions and Answers #8”), Q20 at ARI 094111.) Another Q&A, issued on June 7, 2000, stated: Q: Can a former agent keep a list of his/her Allstate customers and, after the non-compete period has elapsed, use that list to contact them for the purpose of selling insurance or other products? A. No. This would be a violation of the confidentiality provision contained in the agent’s agreement and the Agent Transition Severance plan (If the agent selected the enhanced severance option). A former agent can never use a list of Allstate customers for any purpose regardless of how much time has passed since the agency relationship ended. All customer lists are considered confidential information and are the exclusive property of Allstate. (Zolner Decl., Ex. 156 (“Preparing for the Future Questions and Answers #10”), Q1 at ARI 090472.) If agents eligible for the Program left Allstate, they could only sell products or services to Allstate customers if a “customer initiate[d] contact with his/her prior agent” or “if the customer responds to general advertising that is not considered a solicitation.” (Id. Q4 at ARI 090473.) Both the R830 and R1500 established the confidential nature of customer lists and contained a mandate that when an employee leaves Allstate, all records pertaining to Allstate policyholders shall be returned to Allstate and not be divulged. Neither contract, however, contained an express non-competition agreement prohibiting contact with former clients for commercial purposes.
b. Rehire Policy Plaintiffs claim that, on the day the Program was announced and thereafter, Allstate represented to employees and agents that employee agents who were terminated could find employment elsewhere in the company. Plaintiffs also allege that local managers made similar
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statements about the opportunity for re-employment and encouraged employee agents to apply. In fact, some Plaintiffs actually applied and interviewed for non-agent positions at Allstate, but were not hired. Allstate contends, however, that these new job opportunities referenced nonagent employees who were terminated as part of a reduction in force, rather than R830/R1500 employee agents eligible for the Program. It further explains that it did not begin to consider a potential rehire policy related to the Program until September 2000.
It is undisputed that, on September 26, 2000, Allstate formally adopted and implemented the Rehiring Moratorium. This Moratorium prohibited Allstate from offering re-employment to former employee agents who left Allstate as a result of the Program, and that such former employee agents would be eligible for re-employment when they reached the one year anniversary of their termination or were no longer receiving enhanced severance payments, whichever was longer. This policy had the effect of preventing any employee agent who left Allstate as a result of the Program from satisfying the continuous service requirement that would entitle them to early retirement and/or the “beef up” provisions for purposes of pension benefits. Indeed, Allstate took the position that a former employee agent’s service as an R3001 exclusive agent did not count towards the continuous service requirement to be eligible for retiree medical or life insurance benefits. Nor could an employee agent who converted to the R3001 agent contract either grow into the retiree medical benefits or participate in the subsidized retiree medical benefits while he/she was an EA agent.
The Moratorium was a change in Allstate’s policy. From January 1, 1990 to June 1, 2000, former employee agents—other than retirees—whose records of prior employment were satisfactory, were eligible for re-employment with Allstate and did not have to wait any period
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after separation from Allstate before being considered for rehire. Notably, non-agent employees terminated in reductions-in-force announced in November 1999, at the same time as the Program, were able to rejoin Allstate immediately, consistent with the company’s normal rehire policy.
c. Commission Rates As part of the Program, Allstate provided each R830/R1500 agent a personalized information worksheet. In several of the Plaintiffs’ worksheets, Allstate represented that the commission income paid to the agents under the R3001 contract was the equivalent to and/or exceeded the combined commission and OEA reimbursements that employee agents previously received under either an R830 or R1500 contract. Plaintiffs contend that the same thing happened with many if not all of the terminated employee agents. These worksheets did not quantify the value of the benefits that employee agents were losing as a result of the conversion to the R3001 contract. In addition, Allstate did not advise employee agents that Allstate intended to reduce commissions paid to R3001 agents and Plaintiffs contend that, during the time that agents were deciding among their choices under the Program, Allstate affirmatively represented that it was not planning on cutting commissions. Allstate avers, however, that it did not first begin to consider commission rate changes for Exclusive Agents until October 2001, at which time it announced to all Exclusive Agents that it would begin reviewing agent revenue and compensation. On September 25, 2002, Allstate gave notice to Exclusive Agents that commission changes would take effect on January 1, 2003. Allstate ultimately reduced commission rates for Exclusive Agents on that date, at which point the new property commission rates payable to R3001 agents went from twenty percent to ten percent. Allstate denies that it
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had been evaluating commission rate reductions since work began on the Program. Plaintiffs produce evidence, on the other hand, that beginning in the summer of 1999, each of Allstate’s analyses assumed some reduction in the commission rates. Indeed, a change of commission rate beginning in 2001 was presented to the Board of Directors on November 9, 1999—just one day before the Program was announced—but there is no evidence that that particular commission rate discussion was ever implemented.
d. Expected Results for R3001 Agents Allstate informed Plaintiffs on numerous occasions that they would be required to meet certain business objectives as R3001 Exclusive Agents, but, according to Plaintiffs, Allstate did not disclose that it would hold agents to significantly higher standards under the R3001 contract than under the R830 or R1500 contracts. Allstate’s Program Information Booklet provided that R3001 agents “will be expected to achieve certain results.” (Heinz Decl., Ex. 52 (“Program Information Booklet”), at ARI 000806.) Agents were reviewed periodically and if an agency did not achieve the Expected Results, the agency had twenty-four months to effectively address the problem in order to avoid termination. Allstate claims that agents that it made agents aware of the precise sales targets during EA conversion meetings. On August 9, 1999, prior to the announcement of the Program, the Channel Integration Team had another “Winning in the New Century” meeting, at which time the team recommended placing five percent of agencies on probation each year for not meeting its new expected results. Under that plan, the underperforming or “GAP” agencies would have six months to improve and meet newly-imposed quotas or they would receive a ninety-day termination notice. Although Plaintiffs claim that agents were never informed of this plan, Allstate asserts that this portion of
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the presentation was never implemented and, thus, there was no plan for Allstate to share with agents.
Nonetheless, for the year 2000, Allstate evaluated agents based on expected results and those agents who did not meet the expectations were notified that they were expected to address the deficiencies. Beginning in late 2001, on a quarterly basis, Allstate sent notices to the worst performers in each region informing them that they faced termination unless they demonstrated sufficient improvement in the next quarter. In addition, it sent notices to the next lowest performers that their jobs were in danger. According to Plaintiffs, they did not anticipate such stringent standards.
e. Allstate’s Level of Control Over Exclusive Agents Allstate told agents that “R3001 Exclusive Agents have more freedom and flexibility in operating their agencies.” (Meehan Decl., Ex. 141 (“November 16, 1999 Preparing for the Future Presentation”), at ARI 000327.) Allstate further explained this statement to agents in the November 1999 Agent Presentation by stating that “EAs have greater tax planning flexibility,” and EAs have “total freedom to decide who to hire, how many people to hire, and what type of relationship to have with them.” (Id.) In comparison, “NOAs have limitations on deductibility of unreimbursed employee business expenses,” NOA “[s]upport staff and rent expenses must be within available OEA,” and “NOAs may only secure support staff through an approved staffing vendor.” (Id.) Moreover, Exclusive Agents had some control over their office hours. Indeed, when the EA Program was first introduced, R3001 agents had significantly more control over their hours. The EA contract after the announcement of the Program was somewhat different. Via
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letter dated January 17, 2000, Allstate expressly informed agents that, effective March 20, 2000, agencies would be expected to be open a minimum of forty-four hours per week and must be open during the “core hours” of 9:00 a.m. to 5:00 p.m. Monday through Friday. (Zolner Decl., Ex. 176 (“January 17, 2000 Agency Service Standards Memorandum”), at ARI 40444.) In addition, agencies needed to remain open at least four additional hours, to be scheduled at the agents’ discretion. (Id.) R3001 agents also had to use Allstate computers and equipment and forward their business phone calls to a centralized “call center” when the agency was closed. (Id.) Additionally, employee agents were required to attend periodic “training sessions” to ensure that they had the necessary skills. (Id.) Many Plaintiffs felt as if they were not receiving the entrepreneurial benefits that they were promised.
C. The Romero Plaintiffs 1. General Information
Plaintiffs, in this case, were all Allstate employee agents as of June 30, 2000. Plaintiff Gene R. Romero was, on that date, fifty-one years of age and had been employed by Allstate for more than thirteen years under an R1500 contract. Plaintiff Joseph L. Benoit was forty-eight years old and had been employed by Allstate for more than eighteen years under an R830 contract. Plaintiff James T. Beer was forty-one years old and had been employed by Allstate for more than nineteen years under an R830 contract. Plaintiff Roger T. Boyd was fifty-five years old and had been employed by Allstate for more than twelve years under an R1500 contract. Plaintiff Richard A. Carrier was forty-two years old and had been employed by Allstate for more than nineteen years under an R830 contract. Plaintiff Paul R. Cobb was fifty-two years old and had been employed by Allstate for more than fifteen years under an R1500 contract. Plaintiff
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Craig K. Crease was forty-eight years old and had been employed by Allstate for more than seventeen years under an R830 contract. Plaintiff Sylvia Kelly was fifty-four years old and had been employed by Allstate for more than nineteen years under an R830 contract. Plaintiff Dwight English was fifty-three years old and had been employed by Allstate for more than eleven years under an R1500 contract. Plaintiff Ronald Harper was forty-eight years old and had been employed by Allstate for more than ten years under an R 1500 contract. Plaintiff Michael Kearney was forty-five years old and had been employed by Allstate for more than sixteen years under an R830 contract. Plaintiff Thomas A. Kearney was forty-nine years old and had been employed by Allstate for more than twenty-one years under an R830 contract. Plaintiff Larry H. Lankford, Sr. Was fifty-three years old and had been employed by Allstate for more than twentyeight years under an R830 contract. Plaintiff David C. Lawson was fifty-seven years old and had been employed by Allstate for more than fourteen years under an R1500 contract. Plaintiff Nathan R. Littlejohn was fifty-one years old and had been employed by Allstate for more than nine years under an R1500 contract. Plaintiff Rebecca R. Maslowski was fifty years old and had been employed by Allstate for more than sixteen years under an R830 contract. Plaintiff Craig A. Millison was fifty-two years old and had been employed by Allstate for more than thirteen years under an R1500 contract. Plaintiff James E. Moorehead was fifty-three years old and had been employed by Allstate for more than sixteen years under an R830 contract. Plaintiff Edwin T. Murray, III was forty-four years old and had been employed by Allstate for more than fifteen years under an R1500 contract. Plaintiff Carolyn Penzo was fifty-three years old and had been employed by the company for more than thirty-one years, twelve of which were under an R1500 contract. Plaintiff Christopher L. Perkins was forty-one years old and had been employed by
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Allstate for more than sixteen years under an R830 contract. Plaintiff Richard E. Peterson was fifty-one years old and had been employed by Allstate for more than sixteen years under an R830 contract. Plaintiff James P. Pilchak was fifty-four years old and had been employed by Allstate for more than thirty-one years under an R830 contract. Plaintiff Paula Reinerio was forty-five years old and had been employed by Allstate for more than ten years under an R1500 contract. Plaintiff Paula M. Schott was fifty-eight years old and had been employed by Allstate for more than eighteen years under an R830 contract. Plaintiff Paul L. Shirley was fifty-seven years old and had been employed by Allstate for more than nine years under an R1500 contract. Plaintiff Donald L. Trgovich was fifty-six years old and had been employed by Allstate for more than seventeen years under an R830 contract. Plaintiff Richard S. Wandner was fifty-one years old and had been employed by Allstate for more than seventeen years under an R830 contract. Plaintiff Timothy Weisman was forty years old and had been employed by Allstate for more than eleven years under an R1500 contract. Plaintiff Anthony Wiktor was forty-two years old and had been employed by Allstate for more than sixteen years under an R830 contract. Plaintiff John W. Willman was forty-nine years old and had been employed by Allstate for more than twenty-six years under an R830 contract. Finally, Plaintiff Ralph J. Wolverton was forty-six years old and had been employed by Allstate for more than seventeen years under an R830 contract. Many, but not all of the Plaintiffs attended college and have business or professional degrees.
Many of the Plaintiffs mortgaged their homes, depleted their savings and 401(k)s and invested significant amounts of money into their agencies. In addition, many Plaintiffs had their family members working in their agencies for little to no compensation. Multiple Plaintiffs contend that they did so at Allstate’s urging and under a belief that they had a proprietary interest
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and the job security to realize long-term returns on those investments. Allstate, on the other
hand, contends that Plaintiffs’ expenditures of out-of-pocket funds were to increase sales and
income from commission, not because of any vested interest in the business they wrote as agents.
A multitude of Plaintiffs believed that they had no other job to fall back on, given their
age and length of service with Allstate. Moreover, during their tenure, Plaintiffs were
contractually barred from doing any work other than for Allstate without Allstate’s written
consent. As employee agents, Plaintiffs also had contractual non-compete covenants that barred
them for soliciting or selling insurance in certain areas and to certain people. Specifically, the
R830 contract provided:
For a period of two years immediately following the termination of your employment under this agreement, you agree that you will not solicit or sell insurance of any kind:
(A) with respect to any person, company or organization to whom you previously sold an Allstate policy, or
(B) within one mile from any Allstate location from which you solicited or sold insurance during the year immediately preceding such termination.
(Heinz Decl., Ex. 10 (“R830 Agreement”), Part Four, § XIII.) The R1500 contract stated:
Covenant Not To Compete: Following the termination of this Agreement, you agree that, for a period of one year following termination, you will not solicit the purchase of products or services in competition with those sold by the Company:
(1) with respect to any person, company or organization to whom you sold insurance or other products or services on behalf of the Company and who is a customer of the Company at the time of termination of the Agreement;
(2) with respect to any person, company or organization who is a customer of the Company at the time of termination of this Agreement and whose identity was discovered as a result of our status as a Company employee or as a result of your access to proprietary information of the Company; or
(3) from any office or business site located within one mile of any Company location
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from which you solicited or sold insurance or other products or services during the year immediately preceding termination of this Agreement. (Heinz Decl., Ex. 11 (“R1500 Agreement”), ¶ 13.) These restrictions posed a problem for the many Plaintiffs who had leased the office in their own name, or even purchased the building in which their office was located, since the non-compete provisions precluded them from selling insurance in those buildings. Although Allstate had originally told agents that if they refused to sign the Release, then they would be responsible for the remaining lease payments on their offices, Allstate modified that requirement in February 2000 and agreed to stand in for an agent’s lease payment obligations if the agent chose the Base Severance Option. Nonetheless, Allstate maintained that it owned the employee agents’ phone numbers and that it would preclude agents from using those numbers if they left Allstate without signing the Release, even though the phone number was in the agent’s name and paid for by the agent.
2. Plaintiffs’ Consultations Regarding the Program and Release A majority of the Plaintiffs consulted with an attorney prior to selecting an Option under the Program and entering into the Release, and numerous Plaintiffs discussed the Release with attorneys at the EEOC. Certain Plaintiffs did not consult an attorney regarding the Program and Release, several of whom indicated that they believed it was futile and would not do any good to consult an attorney because they felt that they had no choice but to sign the Release. It is undisputed that the terms of the Release were non-negotiable and Allstate would not accept any Release that was modified in any way. Many Plaintiffs also consulted with accountants prior to signing the Release or making a selection among the Program Options, including Plaintiffs Bever, Carrier, Crews-Kelly, English, Michael Kearney, Thomas Kearney, Maslowski, Millison,
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Moorehead, Reinerio, Schott, Shirley, Trgovich, Wandner, and Wiktor, although they did not necessarily discuss the precise Program Options with their accountant.
3. Plaintiffs’ Program Option Selections Thirty-one of the Romero I and Romero II Plaintiffs signed the Release upon electing one of the first three Program Options. One named Plaintiff, Joseph Benoit, chose the Base Severance Option, declined to sign the Release, and left Allstate’s service.
a. The EA Option Seventeen of the Plaintiffs took the first option, the EA Option, including Plaintiffs Bever, Carrier, Cobb, Crease, Harper, Michael Kearney, Lawson,7 Littlejohn, Maslowski, Millison, Murray, Penzo, Peterson, Weisman, Wiktor, Wittman, and Wolverton. In connection with taking that Option, all of them had to sign the Release. Each of these Plaintiffs received a conversion bonus of at least $5,000—some received more—as part of their transition. In addition, each had the opportunity to enter the EA Program and convert to independent contractor status. Plaintiffs who took this option and converted to the R3001 contract for independent contractors acquired a transferable economic interest in the books of business they serviced that could be sold to an Allstate approved buyer after two years as an EA. Thirteen of the Plaintiffs who selected the EA Option later sold the economic interest in the books of business they produced and serviced, and kept the sales proceeds. The sales, which occurred between 2002 and
7 There is a dispute of fact regarding Plaintiff Lawson. Plaintiffs contend that Lawson took Option Two. Defendants aver—and the evidences establishes—that although Lawson originally checked the box next to Option Two on the Release, he could not complete the sale by the sale deadline and continued to work for Allstate as an EA until January 2002, when he sold his book of business.
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2012, ranged in amounts from $100,000 to $910,000. Allstate forgave Plaintiffs who selected the EA Option for any outstanding OEA advance
they owed to Plaintiff. The greatest amount forgiven was $1,250 and the mean among the seventeen Plaintiffs was about $250. For seven of the Plaintiffs who converted to the EA Program, there were no OEA advances to forgive.
b. The Sale Option Twelve Plaintiffs signed the Release and elected the second Option of the Program—the Sale Option. These individuals included Plaintiffs Crews-Kelly, English, Thomas Kearney, Lankford, Moorehead, Perkins, James Pilchak, Romero, Schott, Shirley, Trgovich, and Wandner. These agents acquired a transferable economic interest in the books of business they had produced and serviced as R830 and R1500 agents after serving as Exclusive Agents for only thirty days. The sales proceeds ranged in amounts from $75,000 to $435,000. Several of those sales agreements included non-compete agreements and other restrictive covenants with the purchasing entity. Plaintiffs who selected the Sale Option received at least a $5,000 conversion bonus in connection with their transition to independent contractor status. Allstate also forgave these Plaintiffs for an outstanding OEA advance they owed to Allstate. The greatest amount forgiven was $42,000 and nothing was forgiven for six Plaintiffs.
c. The Enhanced Severance Option Two Plaintiffs signed the Release and elected the Enhanced Severance Option following the announcement of the Program: Roger Boyd and Paula Reinerio. Boyd received an enhanced severance payment of $42,462 and Reinerio received an enhanced severance payment of
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$68,315, each of those payable over the course of twenty-four equal monthly installments. Plaintiffs also assumed a two-year non-compete restriction, as well as an ongoing nonsolicitation obligation.
For these Plaintiffs, Allstate forgave any outstanding OEA advance they owed Allstate. The value of each agent’s OEA advance was then included as taxable compensation in the agent’s final employee payment. Although Plaintiffs were permitted to submit unreimbursed business expenses to Allstate in order to offset all or a portion of the advance that would be counted as taxable income, Plaintiffs dispute that Allstate ever told them that fact. Nevertheless, Plaintiff Reinerio submitted business expenses to Allstate to offset her OEA advance.
d. The Base Severance Option Overall, less than twenty-five agents elected not to enter into a Release. The only Plaintiff included among that group is Joseph Benoit. Benoit declined to sign the Release, elected the Base Severance Option, and received a thirteen-week severance payment of approximately $23,200, paid out in six equal monthly installments. Had the other Plaintiffs taken this option, their base severance would have ranged anywhere from approximately $7,600 to approximately $116,000, with a mean figure of about $29,000.
4. Rationales’ for Plaintiffs’ Program Selections Allstate characterizes Plaintiffs’ various Program option selections as rationally-based, calculated choices depending on their financial needs at the time and what worked best for themselves and their families. In support of these allegations, Allstate cites to various portions of Plaintiffs’ deposition testimony. In response, however, Plaintiffs cite to other portions of their testimony to demonstrate that although none of the options were optimal, they were forced into
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making an election and taking the option that would best provide for their families. Indeed, it is agreed that many Plaintiffs simply did not have the money to start over or support their families if they opted to leave Allstate under the Base Severance Option.
What remains undisputed is that many Plaintiffs spent their careers building up their customer base and that many of Plaintiffs’ customers were people whom they had brought to Allstate because of their pre-existing relationships with them or because of their efforts to develop them as clients. These customers included family members, neighbors, business associates, church members, parents of friends of his/her children, parents of children on sports teams that the employee agent had sponsored, and other friends and associates developed from many years spent in the communities they served. Plaintiffs who left Allstate could have no business contact, even to sell non-insurance products, with these former customers unless the customer initiated contact with the former agent or the customer responded to general advertising that was not considered a solicitation. Allstate advised all agents eligible for the Program that it intended to enforce the non-compete and non-solicitation provisions if a violation occurred.
5. EEOC Charges As a legal matter, agents could file EEOC charges against Allstate regardless of whether they entered into the Release. Nothing in the Release, however, explicitly instructs that employee agents who signed it could file a charge with the EEOC related to the termination of their employment or challenge the validity and enforceability of the Release. At least one Plaintiff—Plaintiff Kelly—withdrew an EEOC Charge that she filed on June 5, 2000 because she believed the Release barred it, but she re-filed on August 25, 2000. Allstate did, however, advise Plaintiff Gene R. Romero that he could file EEOC charges. Ultimately, all Plaintiffs filed
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charges against Allstate with the EEOC. Those agents were still given the full benefits of their chosen Program Option.
Plaintiff Romero filed his charge of discrimination with the EEOC on March 24, 2000. In a May 2, 2000 letter directed to Defendants Allstate and Liddy, the EEOC preliminarily ruled that Allstate’s Release requirement was unlawful and requested that Allstate suspend its use under the Program. In responsive letters dated May 15, 2000 and May 30, 2000, Allstate rejected the EEOC’s assessment and urged the EEOC to reconsider its preliminary position. Allstate refused to suspend the release-signing requirement. On September 19, 2000, the EEOC issued a letter of determination that Allstate had violated the ADEA and other federal non-discrimination statutes by requiring that employee agents execute the Release as a condition of continuing in Allstate’s service as part of the Program.
D. Procedural History In light of the EEOC’s finding, Plaintiffs initiated the action in federal court on August 1, 2001, and, on October 18, 2001, Plaintiffs filed their First Amended Complaint (“Romero I”). The First Amended Complaint set forth seven Counts, as follows: Count I sought a declaratory judgment (both individually and for the class) declaring the Release invalid under Section 510 of the Employee Retirement and Income Security Act (“ERISA”), 29 U.S.C. § 1140, the Age Discrimination in Employment Act, 29 U.S.C. § 623, and common law. Count II alleged individual and class claims of interference with employment and retaliation in violation of Section 510 of ERISA with respect to the Plaintiffs’ attainment and receipt of pensions and benefits under various employee benefit plans. Count III alleged individual and class claims for retaliation in violation of Section 510 of ERISA. Count IV claimed “Discriminatory Termination and Retaliation in Violation of 29
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U.S.C. § 623(a) and (d)” for both individuals and the class. Count V asserted individual and class claims for breach of the R830 contract, which governed the employment relationship between Allstate and a subclass of Plaintiffs. Count VI alleged individual and class claims for breach of the R1500 contract, which governed the employment relationship between Allstate and a different subclass of Plaintiffs. Count VII set forth individual and class claims for breach of fiduciary duty. (Am. Compl. No. Civ.A.01-3894 (“Romero I”), ¶¶ 132-189.) About four months later, the Romero I Plaintiffs, joined by four other Plaintiffs, brought a separate ERISA action against Allstate and the Administrator of the Agents Pension Plan (“Romero II”). In Romero II, Plaintiffs sought the recovery of retirement benefits that they were improperly denied because Allstate and the Administrator: (a) violated the “anti-cutback” provisions of ERISA by improperly phasing out the beefed-up early retirement benefits and amending the requirements for retirement benefits under the Agents Pension Plan; and (b) violated the fiduciary duty requirements of ERISA by making material representations and omissions about Plaintiffs’ eligibility for retirement benefits. (Am. Compl., No. Civ.A.01-6746 (“Romero II”).) Lastly, on December 27, 2001, the United States Equal Employment Opportunity Commission brought its own action against Allstate alleging that Allstate unlawfully retaliated against all employee agents, in violation of the ADEA and other federal employment statutes, by refusing to permit them to continue as Allstate employees unless they signed the Release (“EEOC v. Allstate”). Like Plaintiffs, the EEOC seeks a declaratory judgment that the Release is invalid. (Am. Compl., No. Civ.A.01-7042 (“EEOC v. Allstate”).)
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Discovery began in April 2002 and, over the course of the next several years, the parties engaged in extensive motion practice, including the filing of cross-motions for summary judgment and the debate over class certification issues. On March 30, 2004, the Honorable John Fullam, of the United States District Court for the Eastern District of Pennsylvania, entered a Declaratory Judgment holding, in part, that the Releases signed by the employee agents were voidable so long as the employee agents tendered back all benefits received in connection with signing those Releases (the “tender back” requirement). Romero v. Allstate Ins. Co., Nos. Civ.A. 01-3894, 01-6764, 01-7042, 2004 WL 692231, at *3-4 (E.D. Pa. Mar. 30, 2004). Plaintiffs filed a timely motion for reconsideration challenging only the propriety of the “tender back” requirement imposed by the Court. While that reconsideration motion was still pending, Allstate filed a second motion for summary judgment in December of 2005, as to all of Plaintiffs’ underlying causes of action. That motion remained undecided until March 2007, when Judge Fullam announced his intentions to reverse his original finding as to the validity of the Releases. Romero v. Allstate Ins. Co., Nos. Civ.A.01-3894, 01-6764, 01-7042, 2007 WL 906158, at *1 (E.D. Pa. Mar. 21, 2007). Ultimately, on June 20, 2007, Judge Fullam held that he erred in his 2004 Declaratory Judgment and vacated that decision. Romero v. Allstate Ins. Co., Nos. Civ.A.01-3894, 01-6764, 01-7042, 2007 WL 1811197, at *1 (E.D. Pa. Jun. 20, 2007). He further granted summary judgment in Allstate’s favor on the entirety of Plaintiffs’ actions in Romero I and Romero II, and in EEOC v. Allstate. Id.
On November 26, 2007, Plaintiffs appealed this ruling to the United States Court of Appeals for the Third Circuit. Reviewing the history of this case, the Third Circuit noted that Plaintiffs had not received the benefit of full discovery as to issues regarding the validity of the
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Releases, and determined that these issues were dispositive as to the rest of Plaintiffs’ claims. Romero v. Allstate Ins. Co., 344 F. App’x 785, 793 (3d Cir. 2009) (“The plaintiffs had a relative short period of class discovery, and . . . are entitled to discovery that is responsive to their requests related to the specific release-related issues the plaintiffs raised with the district court in their response to its March 21, 2007 Order.”). The court went on to order that the District Court allow additional discovery and briefing, fully address whether the Releases are valid, and if the Releases are deemed valid, decide all of the underlying claims and issues. Id. at 794.
On January 29, 2010, after remand from the Court of Appeals in Romero I, the three cases were reassigned to the docket of the undersigned. Plaintiffs filed a Motion to Amend the Complaint in Romero I and, on July 28, 2010, this Court granted the requested leave, resulting in the filing of the Second Amended Complaint. This document set forth seven claims, as follows: (1) a request for a declaratory judgment on the invalidity of the Release under ERISA, the ADEA, and common law; (2) interference with employment and retaliation in violation of Section 510 on behalf of all Plaintiffs; (3) retaliation in violation of Section 510 on behalf of Plaintiffs who did not sign the Release; (4) discriminatory termination and retaliation in violation of 29 U.S.C. § 623(a) and (d); (5) breach of the R830 contract; (6) breach of the R1500 contract; and (7) breach of fiduciary duty. (§ Am. Compl., Romero I, No. Civ.A. 01-3894.)
Consistent with the Third Circuit’s mandate, this Court then permitted discovery to proceed in bifurcated fashion, with the parties limited to discovery only on the validity of the Release. During approximately the next three years, the parties engaged in this targeted discovery and related motion practice. On September 12, 2012, the Court consolidated Romero I, Romero II, and EEOC v. Allstate for administrative purposes. In compliance with the Court’s
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scheduling order, the parties began filing summary judgment motions in early April 2013. Briefing on those motions and related motions did not conclude until the end of August 2013. As of December 2013, this Court had ruled on all of the evidentiary motions associated with the summary judgment motions, leaving the latter motions ripe for judicial review. At issue presently are Plaintiffs and Allstate’s Cross-Motions for Summary Judgment as to the validity of the Release. III. SUMMARY JUDGMENT STANDARD OF REVIEW
Summary judgment is proper “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c)(2). A factual dispute is “material” only if it might affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). For an issue to be “genuine,” a reasonable fact-finder must be able to return a verdict in favor of the non-moving party. Id.
On summary judgment, the moving party has the initial burden of identifying evidence that it believes shows an absence of a genuine issue of material fact. Conoshenti v. Pub. Serv. Elec. & Gas Co., 364 F.3d 135, 145–46 (3d Cir. 2004). It is not the court’s role to weigh the disputed evidence and decide which is more probative, or to make credibility determinations. Boyle v. Cnty. of Allegheny, 139 F.3d 386, 393 (3d Cir. 1998) (citing Petruzzi’s IGA Supermkts., Inc. v. Darling-Del. Co. Inc., 998 F.2d 1224, 1230 (3d Cir. 1993)). Rather, the court must consider the evidence, and all reasonable inferences which may be drawn from it, in the light most favorable to the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (citing United States v. Diebold, Inc., 369 U.S. 654, 655 (1962)); Tigg
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Corp. v. Dow Corning Corp., 822 F.2d 358, 361 (3d Cir. 1987). Although the moving party must establish an absence of a genuine issue of material fact,
it need not “support its motion with affidavits or other similar materials negating the opponent’s claim.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). It can meet its burden by “pointing out . . . that there is an absence of evidence to support the nonmoving party’s claims.” Id. at 325. If the non-moving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden at trial,” summary judgment is appropriate. Celotex, 477 U.S. at 322. Moreover, the mere existence of some evidence in support of the non-movant will not be adequate to support a denial of a motion for summary judgment; there must be enough evidence to enable a jury to reasonably find for the non-movant on that issue. Anderson, 477 U.S. at 249–50.
Notably, these summary judgment rules do not apply any differently where there are cross-motions pending. Lawrence v. City of Phila., 527 F.3d 299, 310 (3d Cir. 2008). As stated by the Third Circuit, “‘[c]ross-motions are no more than a claim by each side that it alone is entitled to summary judgment, and the making of such inherently contradictory claims does not constitute an agreement that if one is rejected the other is necessarily justified or that the losing party waives judicial consideration and determination whether genuine issues of material fact exist.’” Id. (quoting Rains v. Cascade Indus., Inc., 402 F.2d 241, 245 (3d Cir. 1968)). IV. DISCUSSION
The key issue before the Court in the present Cross-Motions for Summary Judgment is whether the Release signed by the Plaintiffs bars the substantive claims raised by the Second Amended Complaint in Romero I and the Amended Complaint in Romero II. This issue gives
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rise to two separate inquiries. The first question is whether the Release, if valid, would bar all of
the claims raised by the two cases. Second, the Court must then consider whether the Release constitutes a valid and enforceable contract. The Court will address each issue separately.8
A. Whether the Release Reaches All of The Claims Asserted in Romero I and Romero II
The parties initially dispute the scope of the Release and whether it is applicable to all of
the claims at issue in Romero I and Romero II. Allstate argues that the Release covers all of
Plaintiffs’ claims in both cases. Plaintiffs, on the other hand, contend that the Release does not
extend to ERISA claims in Romero I or Romero II. The Court finds that Allstate’s interpretation
is correct and all asserted claims fall within the bounds of the Release.
1. Romero I Claims and Count II of Romero II As a preliminary matter, the Release’s coverage of the claims in Romero I and Count II of
Romero II is dictated by the law of the case doctrine. In Romero v. Allstate Ins. Co., 344 F.
App’x 785 (3d Cir. 2009), the United States Court of Appeals for the Third Circuit overruled the
decision by the District Court judge originally assigned to this matter, which found that the
Release signed by the Plaintiffs was valid and barred all substantive claims. Id. at 794. In
making this ruling, the Third Circuit stated:
If the release is valid, it bars the claims of the plaintiffs in Romero I, Count II of Romero II, and EEOC [v. Allstate]. The plaintiffs, however, did not have sufficient discovery into the facts surrounding the signing of the releases, or sufficient time to produce it, given the court’s about-face in 2007, and there is insufficient evidence in
8 The Court notes that the parties raise many tangential legal arguments and issues in their purported “Factual Summaries” or one of their hundreds of footnotes written in ten-point font. The Court will presume that to the extent an argument is not fleshed out in the body of the “Argument” section of a brief, the parties did not intend for the Court to grant or deny the requested relief based on those arguments.
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the record, let alone in the reasoning provided by the court, as to whether the releases were signed knowingly or voluntarily, or were unconscionable. If the releases are not valid, then the District Court needs to address a number of issues, namely the merits of all the claims in Romero II and the common law claims of breach of contract and breach of fiduciary duty in Romero I, that it must consider in the first instance. We will remand to the District Court for further discovery into the validity of the releases.
Id. at 790 (emphasis added) (footnote omitted). Later on in the opinion, the Third Circuit
explained its holding on the scope of the Release as follows:
If the release is valid, it bars the plaintiffs’ claims in Romero I, where the plaintiffs allege violations of the ADEA and ERISA, as well as common law claims of breach of contract and breach of fiduciary duty. It would also bar the claims in EEOC that Allstate retaliated against the plaintiffs in violation of the ADEA. All of these claims are covered by the broad language of the release, which specifically mentions both those statutes and common law claims. It also bars the plaintiffs’ claims in Count II of Romero II, where the plaintiffs claim violations of ERISA § 404, which provides an equitable remedy for a breach of fiduciary duty claim.
Id. at 793. Towards the end of its ruling, the appellate court again re-emphasized its position on
the scope of the Release:
If, after discovery and briefing on these issues, the District Court determines that the releases are valid, then the claims in Romero I, Count II of Romero II, and EEOC are barred. If, however, the District Court determines that the releases are not valid, the District Court needs to address all of the underlying claims and issues that it did not decide in its June 20, 2007, Order, some of which we referred to above, namely, the common law claims of breach of contract and breach of fiduciary duty and all the claims in Romero II.
Id. at 794 (emphasis added). Via a footnote, the Third Circuit then made clear that it was not
ruling on whether the Release covered Counts I and III of Romero II. Specifically, it held:
Counts I and III of Romero II deal with the plaintiffs’ claims that Allstate’s amendment of its retirement plan violates the anti-cutback provisions of ERISA § 204(g). The language of the release is very broad and covers ERISA claims, other than those claims to “any benefits to which I am entitled in accordance with any Allstate plan subject to ERISA by virtue of my employment with Allstate prior to my employment termination date.” . . . We do not decide whether Counts I and III of
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Romero II fit within this exception. Rather, if the release is valid, the District Court must consider on remand whether the claims in Counts I and III of Romero II are claims for benefits to which the plaintiffs were entitled in accordance with any Allstate ERISA plan. Id. at 793 n.11. Reading this language as a whole, the Court finds that the Third Circuit intentionally and explicitly dictated that the broad language of the Release at issue covers all but Counts I and III of Romero II. Little is left to interpretation by the Third Circuit’s express statement that all common law, ADEA, and ERISA claims are “covered by the broad language of the release, which specifically mentions both those statutes and common law claims.” Id. at 793. In both their Response to Allstate’s Motion for Summary Judgment and their Reply Brief in support of their Motion for Summary Judgment, Plaintiffs contend that the Third Circuit’s ruling is dicta and, thus, not the law of the case. They reason that the Third Circuit merely held that this Court “‘should reexamine the validity of the release, after [first] allowing further discovery into the facts surrounding the signing of the releases.’” (Pls.’ Resp. Opp’n Mot. Summ. J. 98 (quoting Romero, 344 F. App’x at 793).) In addition, they assert that “any statements by the Third Circuit about the scope of the Release and what claims it may and may not cover were not essential to this holding that Plaintiffs are first entitled to additional discovery. And the Third Circuit’s statements about whether the Release covers Plaintiffs’ § 1140 claim in Romero I and breach of fiduciary duty claim in Romero II certainly were not based upon a complete factual record or full briefing on the broad ‘any benefits’ exception to the Release.” (Pl.’s Resp. Opp’n Mot. Summ. J. 98.) The Court finds no merit to this argument. The law of the case doctrine provides that
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“when a court decides upon a rule of law, that rule should continue to govern the same issues in subsequent stages in the litigation.” In the Matter of Resyn Corp., 945 F.2d 1279, 1281 (3d Cir. 1991) (quotations omitted). In other words, “once an issue has been decided, parties may not relitigate that issue in the same case.” Waldorf v. Shuta, 142 F.3d 601, 616 n.4 (3d Cir. 1998). It is equally well-established, however, that “[t]he doctrine does not apply to dicta.” United Artists Theatre Circuit, Inc. v. Twp. of Warrington, Pa., 316 F.3d 392, 397 n.4 (3d Cir. 2003).
The Third Circuit’s ruling as to the scope of the Release in this matter was clearly not dicta. On three separate occasions in the opinion, the court made the unequivocal and definitive ruling that the Release covered all the claims in Romero I and Count II of Romero II. Moreover, it went on explain the basis for its ruling by noting that the language of the Release was broad and specifically named the statutory and common law claims raised in the barred counts. The court then took care to expressly except out from its ruling Counts I and III of Romero II—an unnecessary step if the court did not intend to issue an express ruling on the scope of the Release.
To the extent that Plaintiffs contend that this conclusion was not essential to the Third Circuit’s ultimate holding, they are mistaken. The Third Circuit remanded the case with express instructions of what the District Court was required to do. Further discovery was ordered only as to the validity of the Release—nothing more. If the Release was ultimately deemed valid, then the District Court was only to decide whether Counts I and III of Romero II were covered since the other claims were clearly barred. Moreover, to the extent that Plaintiffs contend that the ruling was based on an incomplete factual record and incomplete briefing, Plaintiffs fail to recognize that interpretation of unambiguous contracts are a matter of law for the court. Panther Mountain Lodge, Inc. v. Waymart Windfarm, L.P., No. Civ.A.08-75, 2010 WL 4942262, at *3
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(M.D. Pa. June 23, 2010). Thus, the Third Circuit acted well within its province when ruling on
the scope of the Release.
In short, the Third Circuit unequivocally held that the Release at issue barred all but
Counts I and III of Romero II. The appellate court remanded only for further consideration of
whether the Release itself was valid and, if it was not, for substantive consideration of the
underlying claims. Nothing in the Third Circuit opinion suggests that this holding was dicta or
that it did not intend for its ruling on the scope of the Release to have precedential value. Bound
by this ruling and by the law-of-the-case doctrine, this Court deems that if the Release is valid, it bars all the claims of Romero I and Count II of Romero II.9
2. Counts I and III of Romero II As noted above, the Third Circuit explicitly declined to decide whether or not the
Release, if valid, bars Plaintiffs’ claims in Counts I and III of Romero II. These claims deal with
Plaintiffs’ claims that Allstate’s amendment of its retirement plan violates the anti-cutback
provisions of ERISA § 204(g). Specifically, Count I states:
100. Each of the Converted Agent Plaintiffs provided compensated service to Allstate as an “employee agent” under an R830 or R1500 contract prior to July 1, 2000.
101. Upon the termination of their employment contracts as part of the Mass Termination Program, each of the Converted Agent Plaintiffs continued to provide compensated service to Allstate as an “exclusive agent independent contractor” pursuant to an R3001S contract.
102. Under the Pension Plan, any employee agent who completes twenty (20)
9 Plaintiffs also contend that the carve-out provision of the Release, which excepts a “claim for benefits to which [the employee] is entitled,” applies to the breach of fiduciary duty claims under ERISA, thus rendering the Third Circuit’s decision incorrect. This Court obviously is in no position to reverse the Third Circuit.
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years of continuous “service” with Allstate and who attains the age of 55 is entitled to receive early retirement benefits in the event he or she retires before reaching normal retirement age.
103. Under Allstate’s own interpretation of the Pension Plan (as well as its interpretation of the November 1991 amendments to that plan), and under section 402(e) of the Internal Revenue Code, any converted agent of Allstate who provides any kind of compensated service to Allstate following the termination of his or her employment contract with Allstate remains “in the service of Allstate” for purposes of determining eligibility for early retirement benefits.
104. The express terms of the Pension Plan (prior to the unlawful and invalid December 1994 amendments) state that “[a]ll service” with Allstate “shall count as Credited Service.” Accordingly, under the Pension Plan, any former employee agent of Allstate who, following the termination of his employment contract, continues to provide compensated “service” to the company under a contract creating an “exclusive agent independent contractor” relationship continues to accumulate “service” under the Pension Plan for purposes of determining eligibility for early retirement benefits.
105. Under the December 1994 amendments to the Pension Plan, Allstate purported to alter the eligibility requirements for obtaining early retirement benefits by only counting “service” that agents performed in their capacity as Allstate “employees” towards the fulfillment of those requirements and excluding any “service” they provided to the company as an “exclusive agent independent contractor.”
106. In imposing requirements that made it more difficult for participants to meet the eligibility requirements for obtaining early retirement benefits under the Pension Plan, the December 1994 amendments violated the “anti-cutback” rule embodied in 29 U.S.C. § 1054(g)(2).
107. Alternatively, even if “service” provided to Allstate as an “exclusive agent independent contractor” never counted as “service” for purposes of determining eligibility for early retirement benefits under the Pension Plan, the Converted Agent Plaintiffs are not truly “independent contractors.” Since those plaintiffs began providing service to Allstate under the R3001S contract, Allstate has retained the right to control the manner and means through which they perform their jobs as “captive” agents. Moreover, since the time they converted to the R3001S contract, Allstate has actually exercised at least as much control over the Converted Agent Plaintiffs as it did prior to the purported termination of their employment status and R830
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or R1500 contracts. Accordingly, at all pertinent times, all of the Converted Agent Plaintiffs have been “employees” of Allstate within the meaning of 29 U.S.C. § 1002(6)
108. By amending the Pension Plan to no longer count all “service” which the converted agent plaintiffs provide, for purposes of determining eligibility for early retirement, Allstate has caused the Pension Plan to violate the “anticutback” rule embodied in section 204(g) of ERISA.
(Am. Compl., No. Civ.A.01-6764, ¶¶ 100–08.) Count III provides:
124. Under the Pension Plan (prior to the unlawful and invalid November 1991 amendments), any employee agent who completes twenty (20) years of “service” with Allstate is entitled to receive “beefed-up” early retirement benefits upon reaching 55 years of age.
125. In purporting to adopt the November 1991 amendments, and in “readopting” such amendments in December 1994 (retroactively to November 1991), Allstate purported to phase out and ultimately eliminate these “beefed-up” early retirement benefits by December 31, 1998.
126. By amending the Pension Plan to phase out and eliminate “beefed-up” early retirement benefits for agents who have met or may in the future meet the eligibility requirements for early retirement, Allstate caused the Pension Plan to violate the “anti-cutback” rule embodied in 29 U.S.C. § 1054(g)(2).
(Id. ¶¶ 124–26.) In other words, these claims seek to “repeal or set aside” both a 1994
amendment and a 1991 amendment to the Allstate Agents Pension Plan (“Pension Plan”)
wherein Allstate (a) purported to amend the Pension Plan to redefine “service” and then denied
early retirement benefits to Plaintiffs who continued to work for Allstate after the Program under
the R3001 contract; and (b) amended the Pension Plan to phase out “beefed up” early retirement
benefits for employees who completed twenty years of service. Allstate now contends that these
claims are barred by the Release, whereas Plaintiffs assert that (1) these claims are exempted by
the unambiguous language of the Release; (2) to the extent that the Release is ambiguous, it
should be interpreted against Allstate; (3) the ERISA claims in Romero II arose after the
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execution of the Release and, thus, are not covered; and (4) Plaintiffs cannot waive their claims for ERISA pension entitlements. The Court considers each argument individually.
a. Whether the Language of the Release Excepts Out the Claims or Is Ambiguous and Should Be Construed in Plaintiffs’ Favor
It is well settled that a claim for benefits under ERISA § 502(a)(1)(B) is an assertion of a contractual right under the terms of plan. Burstein v. Ret. Account Plan for Emps. of Allegheny Health Educ. & Research Found., 334 F.3d 365, 381 (3d Cir. 2003). As such, the written terms of the plan documents are controlling. In re Unisys Corp. Retiree Med. Benefit “ERISA” Litig., 58 F.3d 896, 902 (3d Cir. 1995). When a court considers claims under § 502(a)(1)(B), the plan is interpreted under principles of contract law. Kemmerer v. ICI Ams., Inc., 70 F.3d 281, 288 (3d Cir. 1995). These principles require that a court first look to the plain language of the document and, if that language is clear, it must disregard outside evidence. Bill Gray Enters. v. Gourley, 248 F.3d 206, 218 (3d Cir. 2001). Extrinsic evidence may be used to aid in the interpretation of ambiguous plan provisions, although it may not be used “‘to create an ambiguity where none exists.’” Gritzer v. CBS, Inc., 275 F.3d 291, 298 (3d Cir. 2002) (quoting Int’l Union v. Skinner Engine Co., 188 F.3d 130, 145 (3d Cir. 1999)). Any ambiguities in a contract are construed against the drafter. In re F.H. McGraw & Co., 473 F.2d 465, 468 (3d Cir. 1973).
In construing the terms of a release, like any contract, the court must read the document in its entirety, giving effect to all of the contractual language if at all possible. Whole Enchilada, Inc. v. Truckers Prop. Cas. Co. of Am., 581 F. Supp. 2d 677, 689–90 (W.D. Pa. 2008). “The Court should not consider individual terms unmoored from their context, but should instead consider the entire contractual provision to determine the intent of the parties.” NorFab Corp. v.
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Travelers Indem. Co., 555 F. Supp. 2d 505, 509 (E.D. Pa. 2005). In addition, “‘[n]o provision
within a contract is to be treated as surplusage or redundant if any reasonable meaning consistent
with the other parts can be given to it.’” J.C. Penney Life Ins. Co. v, Pilosi, 393 F.3d 356, 364
(3d Cir. 2004) (quoting Sparler v. Fireman’s Ins. Co. of Newark, N.J., 521 A.2d 433, 438 n.1
(Pa. Super. 1987)).
In the present case, the relevant language of the Release at issue states:
In return for the consideration that I am receiving under the Program, I hereby release, waive, and forever discharge Allstate Insurance Company, its agents, parent, subsidiaries, affiliates, employees, officers, shareholders, successors, assigns, benefits plans, plan administrators, representatives, trustees and plan agents (“Allstate”), from any and all liability, actions, charges, causes of action, demands, damages, entitlements or claims for relief or remuneration of any kind whatsoever, whether known or unknown, or whether previously asserted or unasserted, stated or unstated, arising out of, connected with, or related to, my employment and/or the termination of my employment and my R830 or R1500 Agent Agreement with Allstate, or my transition to independent contractor status, including, but not limited to, all matters in law, in equity, in contract, or in tort, or pursuant to statute, including any claim for age or other types of discrimination prohibited under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Employee Retirement Income Security Act (“ERISA”), the Illinois Human Rights Act, and the West Virginia Human Rights Act as those acts have been amended, or any other federal, state, or local law or ordinance or the common law. I further agree that if any claim is made in my behalf with respect to any matter released and waived above, I hereby waive any rights I may have with respect thereto and agree not to take any payments or other benefits from such claim. I understand that this release and waiver does not apply to any future claims that may arise after I sign this Release or to any benefits to which I am entitled in accordance with any Allstate plan subject to ERISA by virtue of my employment with Allstate prior to my employment termination date.
(Heinz Decl., Ex. 186 (“Release”) (emphasis added).)
Plaintiffs contend that the anti-cutback claims in Romero II seek equitable relief
sufficient to cover their lost early retirement benefits. Such claims are based upon Allstate’s
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amendments to the Pension Plan that took place prior to the Program’s “employment termination date” and either made it more difficult to meet the eligibility requirements for obtaining early retirement benefits or eliminated certain retirement benefits. According to Plaintiffs, because these cutback claims merely seek benefits to which Plaintiffs are entitled, they are not subject to the Release.
Allstate, on the other hand, contends that the phrase “any benefits to which I am entitled in accordance with an Allstate plan subject to ERISA” refers only to vested benefits as opposed to accrued benefits. It goes on to reason that Counts I and III of Romero II do not seek “benefits” to which Plaintiffs are “entitled.” Rather, those claims seek to “repeal or set aside” a 1994 amendment and a 1991 amendment to the Pension Plan and, at best, attempt to recover accrued, not vested, benefits.
Based on a plain interpretation of the Release, the Court finds that Plaintiffs’ claims in Counts I and III do not fall within the scope of the carve-out provision for two reasons. First, Counts I and III are not claims for “benefits” because the ERISA provision under which Plaintiffs bring these claims cannot be used for benefits claims. Second, even if Counts I and III can be construed as seeking “benefits,” they do not seek benefits “to which [the Plaintiffs are] entitled.”
(i) “Claim . . . to Benefits” Both Counts I and II set forth violations of 29 U.S.C. § 1054(g), which provides that: (1) The accrued benefit of a participant under a plan may not be decreased by an amendment of the plan, other than an amendment described in section 1082(d)(2) or 1441 of this title. (2) For purposes of paragraph (1), a plan amendment which has the effect of–
(A) eliminating or reducing an early retirement benefit or a retirement-type
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subsidy (as defined in regulations), or (B) eliminating an optional form of benefit,
with respect to benefits attributable to service before the amendment shall be treated as reducing accrued benefits.
29 U.S.C.A. § 1054(g).
Consistent with this statute, Plaintiffs’ Prayer for Relief in Romero II seeks the following:
A. That each of the proposed classes be certified pursuant to Rule 23(b)(2) and/or (3), and that counsel for plaintiffs be designated and appointed as counsel for the classes;
B. That the practice of Allstate and the Administrator complained of herein be determined and adjudged to be in violation of the rights of plaintiffs and class members under ERISA, pursuant to 29 U.S.C. § 1132(a)(3);
C. That the Court issue a permanent injunction under ERISA, pursuant to 29 U.S.C. § 1132(a)(3) and the Declaratory Judgment Act, 28 U.S.C. §§ 2201– 2202, compelling Allstate and the Administrator to:
(1) count any periods of service that converted and retired agents have provided to Allstate under the R3001 contract as “service” for purposes of determining their eligibility for early retirement benefits; and
(2) repeal or set aside the November 1991 and December 1994 plan amendments relating to early retirement and the “beef-up” retroactively to the dates those amendments were adopted, as a remedy for the statutory violations described in Counts I and III;
D. That the Court enter judgment in favor of plaintiffs and all class members against:
(1) the Pension Plan and the Administrator pursuant to 29 U.S.C. § 1132(a)(3) for “make whole” or other equitable relief; and
(2) Allstate pursuant to 29 U.S.C. § 1132(a)(3) for “make whole” or other equitable relief, as a remedy for the violations of fiduciary obligations described in COUNT II.
E. That the Court enter judgment in favor of plaintiffs and all class members
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against the Pension Plan pursuant to 29 U.S.C. § 1132(a)(1)(B) after the Court has provided the relief set forth in paragraph C above. F. That a constructive trust or equitable lien be imposed over Allstate’s assets sufficient to cover all losses suffered by the class members as a result of the violations of ERISA; G. That plaintiffs and class members be awarded such other and further relief as may be found just and appropriate; H. That plaintiffs and class members be granted their attorneys’ fees, experts’ fees and the costs and expenses of this litigation, pursuant to applicable law; and I. That the Court retain jurisdiction over Allstate, the Pension Plan and the Administrator until such time as it is satisfied that the remedied the practices [sic] complained of are remedied and are determined to be in full compliance with the law. (Am. Compl., Romero II, No. Civ.A.01-6764, Prayer for Relief.) Notably, in this Prayer for Relief, Plaintiffs rely primarily on 29 U.S.C. § 1132(a)(3). This section provides that a civil action may be brought “by a participant, beneficiary, or fiduciary (A) to enjoin any act or practice which violates any provision of this subchapter or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this subchapter or the terms of the plan.” 29 U.S.C. § 1132(a)(3). It is well established that this section is limited to “traditional equitable relief” and may not be used to award “traditional legal relief (i.e., money damages).” Graden v. Conexant Sys., Inc., 496 F.3d 291, 300 (3d Cir. 2007); see also Mertens v. Hewitt Assoc., 508 U.S. 248, 256–63 (1993). A request for plain money damages—i.e., benefits—under § 1132(a)(3) is inappropriate and must be dismissed. See Varity Corp. v. Howe, 516 U.S. 489, 490 (1996); Eichorn v. AT&T Corp., 484 F.3d 644, 655–56 (3d Cir. 2007). Thus, to the extent that Plaintiffs
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seek relief under § 1132(a)(3), they have not asserted a “claim . . . to benefits”
Plaintiffs offer two responses. First, they contend that the phrase “claims . . . to any
benefits” in the Release’s carve-out does not confine the carve-out to only claims for monetary
damages under ERISA, but rather allows for the assertion of any claims for violations of any
ERISA provision. The cases Plaintiff cites in support, however, are inapposite in that the
releases in those matters either did not include ERISA claims in the waiver provision or had a broader carve-out for claims that affected the employees’ benefits.10 In this case, the Release
specifically provided that all matters in equity or tort under ERISA were waived except claims
“to benefits to which [the employee is] entitled,” making the carve-out significantly narrower.
To ignore the term “benefits” would render the general release of ERISA claims meaningless.
See Stargel v. SunTrust Banks, Inc., F. Supp. 2d , 2013 WL 4775918, at *5 (N.D. Ga. Aug.
7, 2013) (release stated that it “includes, but is not limited to, any claim or entitlement to pay,
benefits or damages arising under any federal law (including but not limited to . . . the Employee
Retirement Income Security Act . . .) . . . I understand by signing this Release I am not releasing
any claims for benefits under the Motorola employee benefits plan”; The court found that to
ignore the language “for benefits under the Motorola employee benefits plan,” would render large
portions of the release “meaningless.”). Accordingly, this Court rejects this portion of Plaintiffs’
10 See, e.g., Nelso v. Ipalco Enters., No. Civ.A.IP02477, 2005 WL 1924332, at *5–6 (S.D. Ind. Aug. 11, 2005) (release provided that “[t]his Agreement shall not affect Employee’s benefits under the Thrift Plan”); Brieger v. Tellabs, Inc., 473 F. Supp. 2d 878, 881, 885–85 (N.D. Ill. 2007) (holding that release, which stated that it does not extend to “any vested benefits under the Tellabs Advantage Program” did not bar claim that signatory received lower level of vested benefits due to breach of fiduciary duty); Amara v. CIGNA Corp., 534 F. Supp 2d 288, 314, 316 (D. Conn. 2008) (release did not mention a waiver of ERISA claims and then included an exception for “any claims for benefits under any retirement, savings, or other employee benefit programs.”).
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argument.
Alternatively, Plaintiffs contend that, in their Prayer for Relief, they also specifically
request damages under § 1132(a)(1)(B) “after the Court has provided the relief set forth in
paragraph C above.” (Am. Compl., Prayer for Relief ¶ C.) Such requested relief, however, is
improper under § 1132(a)(1)(B). As the Supreme Court explained in CIGNA Corp. v. Amara,
131 S. Ct. 1866 (2011), section 1132(a)(1)(B) may provide relief when a plan participant or
beneficiary seeks to “enforce” the “terms of the plan,” but will not provide relief when a
participant or beneficiary seeks to change those terms. See 131 S. Ct. at 1876–77. The district
court in CIGNA found that changes to a retirement plan violated various ERISA provisions,
including § 1054(h). See 131 S.Ct. at 1874–75. The district court then “ordered relief in two
steps,” relying entirely on § 1132(a)(1)(B). Id. at 1875–76. In “Step 1” it “ordered the terms of
the plan reformed.” Id. at 1876. In “Step 2” it “ordered the plan administrator . . . to enforce the
plan as reformed.” Id. The Supreme Court reversed, holding that § 1132(a)(1)(B) did not
authorize the two-step relief that the district court had ordered:
One can fairly describe step 2 as consistent with § [1132](a)(1)(B), for that provision grants a participant the right to bring a civil action to “recover benefits due . . . under the terms of his plan.” . . . And step 2 orders recovery of the benefits provided by the “terms of [the] plan” as reformed.
But what about step 1? Where does § [1132](a)(1)(B) grant a court the power to change the terms of the plan as they previously existed? The statutory language speaks of “enforc[ing]” the “terms of the plan,” not of changing them. The provision allows a court to look outside the plan’s written language in deciding what those terms are, i.e., what the language means . . . . But we have found nothing suggesting that the provision authorizes a court to alter those terms, at least not in present circumstances, where that change, akin to the reform of a contract, seems less like the simple enforcement of a contract as written and more like an equitable remedy.
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Id. at 1876–77 (emphasis in original) (citations omitted). Instead, the Court suggested that the remedies ordered by the district court likely fit under § 1132(a)(3) because they resembled traditional equitable remedies. Id. at 1878–80. The Court concluded that although “this relief takes the form of a money payment, [that fact] does not remove it from the category of traditionally equitable relief.” Id. at 1880; see also Virtue v. Int’l Bhd. of Teamsters Ret. & Family Protection Plan, 886 F. Supp. 2d 32, 36 (D.D.C. 2012) (holding that “remedying a violation of § 1054(g) requires changing—not simply enforcing—the terms of the plan,” meaning that a plaintiff seeking to amend the terms of a plan and then enforce the plan as amended must proceed under § 1132(a)(3) and not § 1132(a)(1)).
Likewise, in the present case, Plaintiffs seek a two-step remedy. In step one, they seek to repeal the November 1991 and December 1994 plan amendments that they allege violate the anticutback provisions of ERISA. In step two, they seek to enforce the plans as reformed and obtain any monetary benefits to which they are entitled under such reformed plans. According to CIGNA and its progeny, both steps of such relief are properly pursued under § 1132(a)(3) as equitable relief, not under § 1132(a)(1) as benefits. See Clark v. Feder, Semo & Bard, P.C., 808 F. Supp. 2d 219, 226 (D.D.C. 2011) (holding that a plaintiff “may proceed only under § 1132(a)(1)(B) or § 1132(a)(3), not under both provisions.”). Accordingly, any relief sought by Plaintiffs is equitable relief and not a claim “for benefits.” In turn, Counts I and III of Romero II cannot fall within the carve-out provision of the Release.
(ii) “Benefits to which I am entitled” Even if the Court were to find that Counts I and III of Romero II constituted claims for “benefits,” such claims would still not fall within the “carve-out” provision of the Release as they
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are not benefits to which Plaintiffs are “entitled.” As argued by Defendants, Counts I and III of Romero II seek to repeal a November 1991 and December 1994 Plan amendment based on purported violations of ERISA § 204(g)—ERISA’s anti-cutback provision. The anti-cutback provision states that “[t]he accrued benefit of a participant under a plan may not be decreased by an amendment of the plan.” 29 U.S.C. § 1054(g)(1). The Release, however, refers to a carveout to a claim for benefits to which the employee is “entitled.” As “entitled” refers to vested, not accrued, benefits, Allstate asserts that the anti-cutback claims do not fall within the carve-out and, in turn, are subject to the Release. Plaintiffs, on the other hand, assert that the distinction between vested and accrued benefits appears nowhere in the Release, which applies to “any benefits” to which Plaintiffs are “entitled,” without defining the term “entitled.”
At first blush, the parties’ competing arguments as to the interpretation of the carve-out provision seem to suggest a contractual ambiguity. Upon closer scrutiny, however, the Court must agree with Allstate. As noted above, it is well established that the Court is required to interpret the Release so as to give meaning to all of its provisions. Were the Court to accept Plaintiff’s reading of the carve-out, the Release would not cover any of the employee agents’ claims to any benefits in accordance to an Allstate plan subject to ERISA. Such an interpretation would effectively read out the phrase, “to which I am entitled” and render it meaningless. Basic contract principles do not permit such a result.
This conclusion, however, begs the question of what constitutes “benefits to which I am entitled.” The Court finds guidance in general ERISA case law. One of the purposes of ERISA is to protect pension rights by ensuring “that if a worker has been promised a defined pension benefit upon retirement—and if he has fulfilled whatever conditions are required to obtain a
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vested benefit—he actually will receive it.” Nachman Corp. v. Pension Ben. Guar. Corp., 446 U.S. 359, 375 (1980). In the ERISA context, “‘accrued benefits refer to those normal retirement benefits that an employee has earned at any given time during the course of employment.’” McClain v. Retail Food Emp’rs Joint Pension Plan, 413 F.3d 582, 584 (7th Cir. 2005) (quoting Vallone v. CNA Fin. Corp., 375 F.3d 623, 635 n. 5 (7th Cir. 2004)). By contrast, “‘[v]ested benefits . . . refer to those normal retirement benefits to which an employee has a nonforfeitable claim.’” Id. (quoting Vallone, 413 F.3d at 584). “In short, an employee’s vested benefits are the accrued benefits that the employee is actually ‘entitled to keep.’” Id. (quoting Vallone, 413 F.3d at 584) (emphasis added); see also McDonald v. Pension Plan of NYSA-ILA Pension Trust Fund, 320 F.3d 151, 156 (2nd Cir. 2003) (“‘Accrued’ benefits refer to those normal retirement benefits that an employee has earned at any given time during the course of employment . . . . ‘Vested’ benefits, on the other hand, refer to those normal retirement benefits to which an employee has a ‘nonforfeitable’ claim; in other words, those accrued benefits he is entitled to keep.”) (emphasis added).
In Stargel v. SunTrust Banks, Inc., F. Supp. 2d , 2013 WL 4775918 (N.D. Ga. Aug. 7, 2013), the court faced the interpretation of a broad release that waived “all Claims under [ERISA], and Claims under any SunTrust employee benefit plan,” but preserved “Claims related to Stargel’s entitlement to receive any vested benefits earned under any SunTrust employee benefit plan.” Id. at *4. The court agreed with Defendants’ interpretation that the release “merely preserve[d] Stargel’s right the benefits she was entitled to under the terms of the SunTrust’s employee benefit plans at the time she signed the Release.” Id. Notably, the court equated the term “vested” with the term “entitlement.” Consistent with this ruling, several courts
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have held that “vested benefits” are defined as “benefits [an employee] is entitled to keep.” See
McClain, 413 F.3d at 584 (emphasis added); McDonald, 320 F.3d at 156; see also Hakim v.
Accenture U.S. Pension Plan, 718 F.3d 675, at 681–82 (7th Cir. 2013) (“An entitlement, as its
name would suggest, refers to vested benefits to which a plaintiff is entitled under the terms of
the pension plan itself.”) (emphasis added); Gilley v. Monsanto Co., Inc. 490 F.3d 848, 859 (11th
Cir. 2007) (noting that at the time a challenged amendment to a pension plan was put into place,
plaintiff was not “entitled to any benefits,” because he “could not have earned ten years of Vested
Service until after that date.”); Hein v. TechAm. Grp., Inc., 17 F.3d 1278, 1280 (10th Cir. 1994)
(“Thus, an interest in a pension benefit program is ‘vested’ if the employee is entitled to retain
benefits even if his or her employment is terminated prior to retirement.”) (emphasis added).
Consistent with this jurisprudence, this Court finds that the term “to which I am entitled”
references vested, not accrued benefits.11
In short, while Allstate could have avoided some dispute by using the term “vested
11 Plaintiffs aver that the Third Circuit has held that ERISA § 204(g) (the anti-cutback provision) “can protect an entitlement to benefits, but it cannot create an entitlement to benefits when no entitlement exists under the terms of the Plan.” Hein v. F.D.I.C., 88 F.3d 210 (3d Cir. 1996). They reason that because the Third Circuit interprets the anti-cutback rule as protecting an “entitlement to benefits,” and because even Allstate concedes that the anti-cutback rule protects “[t]he accrued benefit of a participant,” the only possible construction of the “anybenefits-to-which-I-am-entitled” carve out is that it preserves, at a minimum, claims for accrued benefits under the anti-cutback rule. (Pls.’ Am. Mem. Resp. Allstate’s Mot. Summ. J.103.) While creative, this argument is a far stretch. In Hein, the Third Circuit noted that one of the conditions imposed by the pension plan at issue was that plaintiff reach age fifty-five while employed in order to qualify for unreduced retirement benefits. Id. at 217. “Had [plaintiff] met this criterion, ERISA § 204(g) would have protected his benefit from termination. But [plaintiff] did not satisfy the Plan requirement, and we cannot read ERISA to change the terms of the Plan and vest Hein with a benefit for which he never qualified.” Id. At no point did the Third Circuit purport to equate an “entitlement” to benefits to “accrued” rather than vested benefits.
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benefits” in lieu of “benefits to which I am entitled,”12 Plaintiffs’ efforts to infuse the Release with ambiguity by capitalizing on this term are unconvincing. The meaning of these phrases remains the same. The carve-out to the Release includes this language with the obvious intent of modifying the singular term “benefits.” An entitlement to benefits for purposes of ERISA and the anti-cutback rule has repeatedly been linked to vested benefits, not accrued benefits. As Plaintiffs’ anti-cutback claims do not seek benefits, let alone vested benefits, the Court must find that such claims do not fall within the scope of the carve-out and, hence, are covered by the broad Release provision.13
b. Whether Counts I and III Arose After the Execution of the Release
In an alternative argument, Plaintiffs seek to invoke the “future claims” carve-out in the Release. This provision states, “I understand that this release and waiver does not apply to any future claims that may arise after I sign this Release . . .” (Heinz Decl., Ex. 186 (“Release”), at ARI 04101 (emphasis added).) Plaintiffs contend that their rights to early retirement benefits did not arise until they turned fifty-five and had twenty years of continuous service. Thus, they could not know that the amendments adopted in the 1990s affected them adversely under § 1054(g)’s anti-cutback protections until either they had reached fifty-five and had at least twenty years of continuous service or they had reached fifty-five and had acted in a manner that prevented them from reaching the twenty-year milestone.
12 The Court presumes that Allstate used the term “entitled” in keeping with the antialienation provision of ERISA, 29 U.S.C. § 1056(d)(1), which is discussed in more detail below.
13 Notably, in reaching this conclusion, the Court finds that the Release is not ambiguous. As such, Plaintiffs are not entitled to a presumption that the contract must be interpreted in their favor.
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This argument is misplaced. Counts I and III of Romero II seek to repeal amendments to the Pension Plan that were adopted in December 1994 and November 1991 respectively. Whether Plaintiffs’ rights under those Plans had yet accrued is irrelevant. Rather, the relevant question is when “the plaintiff discovers, or with due diligence should have discovered, the injury that forms the basis for the claim.” Romero v. Allstate Ins. Co., 404 F.3d 212, 222 (3d Cir. 2005). In the case of amendments to a pension plan, the Third Circuit rejected “[a] rule that unwaveringly ties the date of accrual to the date of amendment” since that “would have the undesirable effect of requiring plan participants and beneficiaries ‘likely unfamiliar with the intricacies of pension plan formulas and the technical requirements of ERISA, to become watchdogs over potential [p]lan errors and abuses’” and “would impose an unfair duty of clairvoyance on employees . . . who allege that an amendment’s detrimental effect on them was triggered not at the time of its adoption, but rather at some later time by a subsequent event.” Id. at 224 (internal quotations omitted). Instead, the Third Circuit concluded that “when an ERISA plan is amended but the fact that the amendment actually affects a particular employee or group of employees cannot be known until some later event, the cause of action of the employee will not accrue until such time as the employee knew or should have known that the amendment has brought about a clear repudiation of certain rights that the employee believed he or she had under the plan.” Id. at 223.
In this case, Plaintiffs knew that the 1991 and 1994 amendments to the Pension Plan repudiated rights that they had under the Plan, at the latest, in 1999 when they signed the Release and converted to independent contractors. As noted above, with respect to Count I, the Program Information Booklet advised Plaintiffs, in November 1999, that their service under the R3001
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contract would not count toward obtaining early retirement benefits and that they would cease
accruing future benefits under the Plan as of their date of their termination. Similarly, as to
Count III, the 1991 amendment eliminated the “beefed-up” benefits at year end of 1999, meaning
that Plaintiffs knew, prior to or by the time they signed the Release, that they would not be
entitled to such benefits. Accordingly, the Court finds that these claims did not arise after the
Releases were executed and, thus, do not fall with the Release’s carve-out provision.14
c. Whether Plaintiffs’ ERISA Claims Are Protected by ERISA’s Anti-Alienation Provision
In a final effort to argue that Counts I and III of Romero II (as well as the ERISA claims
in Romero I) do not fall within the scope of the Release, Plaintiffs contend that the ERISA claims
are protected by the anti-alienation provision of ERISA and cannot be waived by the Release.
The Court disagrees.
14 The case relied upon by Plaintiffs is unconvincing. In Schumacher v. AK Steel Corp. Retirement Accumulation Plan, 711 F.3d 675 (6th Cir. 2013), the plaintiffs had signed a release that did not apply to future claims. Id. at 680. The claims raised by the plaintiffs were “whipsaw” claims which challenged the formula used to calculate the benefits to which the plaintiffs were already entitled and the plaintiffs had not received their benefits statement showing said calculations until sixty to ninety days after signing the release. Id. at 679–80. The court noted that such “whipsaw” claims “arise[] when participants opt to ‘cash out’ their hypothetical accounts before they reach normal retirement age.” Id. at 684 (quotations omitted). The court found that “the whipsaw claim could not possibly arise until the moment a class member opted to cash out her pension in lump-sum form. Because none of the Class members requested a lump-sum payment until after the execution of the Severance Agreements, their claims had not accrued.” Id. at 684. In other words, the plaintiffs could not have possibly known about the facts giving rise to their claims until after they signed the releases.
In the present case, the amendments challenged by the claims occurred years before the Release and did not involve benefits to which the Plaintiffs were already entitled. Moreover, Plaintiffs should have known that these amendments affected them prior to or, at the latest, at the time they signed the Release. Nothing in the record reflects that Plaintiffs could not have been sure of their loss of early retirement and “beefed-up” benefits at the time they converted to the R3001 contract.
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The relevant provision of ERISA states that, “Each pension plan shall provide that benefits provided under the plan may not be assigned or alienated.” 29 U.S.C. § 1056(d)(1). “Pension entitlements are, without exception, subject to the anti-alienation provision of ERISA.” Lynn v. CSX Transp., Inc., 84 F.3d 970, 975 (7th Cir. 1996) (citing Patterson v. Shumate, 504 U.S. 753, 760 (1992)).15 “A release may prevent a plan participant from asserting claims based on a settlement agreement, but may not bar claims based on pension entitlements.” Id.
Crucially, however, “an entitlement, as its name would suggest, refers to vested benefits to which a plaintiff is entitled under the terms of the pension plan itself.” Hakim v. Accenture U.S. Pension Plan, 718 F.3d 675, 681 (7th Cir. 2013). Repeatedly, the term “[p]ension entitlements” has repeatedly been interpreted to mean vested benefits. See, e.g., Kickham Hanley P.C. v. Kodak Ret. Income Plan, 558 F.3d 204, 213 (2nd Cir. 2009) (noting that ERISA’s anti-alienation provision is irrelevant to claims regarding non-vested pension benefits); Lumpkin v. Envirodyne Indus., Inc., 933 F.2d 449, 455 (7th Cir. 1991) (“The anti-alienation provision . . . clearly manifest[s] Congress’s intent to protect workers from unknowingly signing away their vested pension benefits. . . .”) (emphasis added).
Plaintiffs now contend that ERISA’s anti-alienation provision does not distinguish between vested pension entitlements and accrued pension entitlements, but rather prohibits waiver of any ERISA claims. To accept this interpretation, however, would mean that ERISA claims may never be waived by a release—a result contrary to well-settled jurisprudence. Indeed, a general release of all claims has been held to include all ERISA claims even if ERISA
15 Plaintiffs’ mistakenly attribute this quote directly to the Supreme Court opinion in Patterson. (Pls.’ Mem. Supp. Mot. Summ. J. 43.)
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is not specifically mentioned See, e.g., Howell v. Motorola, Inc., 633 F.3d 552, 559 (7th Cir. 2011) (holding that severance agreement barred plaintiff’s claim that his pension account would have been worth more but for defendant’s breach of ERISA fiduciary duties); Cavitti v. Anthony & Sylvan Pools Corp., 351 F. App’x 651, 654–55 (3d Cir. 2009) (upholding waiver of ERISA claims under a release); Taylor v. Visteon Corp., 149 F. App’x 422, 426 (6th Cir. 2005) (upholding dismissal of ERISA claim waived by release agreement given in exchange for enhanced severance package); Chaplin v. Nationscredit Corp., 307 F.3d 368, 372–73 (5th Cir. 2002) (holding that a general release bars claims for ERISA benefits even if ERISA is not specifically mentioned); Smart v. Gillette Co. Long-Term Disability Plan, 70 F.3d 173, 181–82 (1st Cir. 1995) (upholding finding that ERISA claims were waived under general release signed by plaintiff).16
In short, ERISA’s anti-alienation provision—by its plain language and as interpreted by multiple courts of appeals—only prohibits waiver of claims to vested ERISA benefits. The Release in this case honors that statutory dictate by creating a carve-out for benefits to which the employees were entitled. As Counts I and III of Romero II seek only to repeal amendments to the Pension Plan and set forth claims for benefits to which Plaintiffs’ entitlements have not yet vested, the anti-alienation provision does not apply.
16 Plaintiffs cite the Third Circuit case of Coar v. Kazimir, 990 F.2d 1413, 1420 (3d Cir. 1993) for the proposition that, under the only available legislative history, the objective of the anti-alienation provision was “[t]o further ensure that the employee’s accrued benefits are actually available for retirement purposes . . . .” Id. (quoting H.R.Rep. No. 807, 93d Cong., 2d Sess. (1974), reprinted in 1974 U.S.C.C.A.N. 4639, 4734). This scant and somewhat ambiguous legislative history does not undermine the well-established principle that ERISA claims may be waived by a valid release, but claims to vested ERISA benefits may not.
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3. Conclusion Regarding the Scope of the Release Having engaged in a lengthy analysis regarding the interpretation of the Release, the Court finds that all claims in Romero I and Romero II are encompassed by the Release’s broad waiver provision. As to all claims in Romero I and Count II of Romero II, the Third Circuit unequivocally and affirmatively held that they were covered by the Release. As such a holding constitutes the precedential law of the case, the Court may not deviate from this finding. As to Counts I and III of Romero II, the Court determines that these claims do not fall within the specific carve-out provision of the Release since (a) they are not claims for benefits, let alone vested benefits; (b) they arose prior to the signing of the Release; and (c) they are not encompassed by ERISA’s anti-alienation provision. In turn, they are covered by the Release’s broad waiver provision. B. Whether the Release Is Valid Having found that the language of the Release covers all of Plaintiffs’ claims in Romero I and Romero II, the Court must now consider the validity of the Release. Plaintiffs offer two broad arguments in support of their claim of invalidity. First, they contend that the Release is invalid as to all of their ADEA claims because Allstate failed to comply with the requirements under the Older Workers Benefit Protection Act. Second, they claim that the Release is invalid as to all of their federal law claims under ADEA and ERISA because Allstate cannot show that it was executed knowingly and voluntarily. Finally, Plaintiffs assert that the Release is unconscionable and therefore does not bar Plaintiffs’ common law claims such as breach of
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contract and breach of fiduciary duty.17
1. Compliance with the OWBPA Disclosure Requirements
In 1990, Congress amended the ADEA by passing the Older Workers Benefit Protection
Act (“OWBPA”). OWBPA provides that:
An individual may not waive any right or claim under [the ADEA] unless the waiver is knowing and voluntary . . . . [A] waiver may not be considered knowing and voluntary unless at a minimum—
(A) the waiver is part of an agreement between the individual and the employer that is written in a manner calculated to be understood by such individual, or by the average individual eligible to participate;
(B) the waiver specifically refers to rights or claims arising under this chapter;
(C) the individual does not waive rights or claims that may arise after the date the waiver is executed;
(D) the individual waives rights or claims only in exchange for consideration in addition to anything of value to which the individual is already entitled;
(E) the individual is advised in writing to consult with an attorney prior to executing the agreement;
(F) (i) the individual is given a period of at least 21 days within which to consider the agreement; or
17 Plaintiffs also assert that the Release was retaliatory because it allowed Plaintiffs to sign the R3001 contract only if they entered into the Release, and that Allstate retaliated against terminated employees who did not enter into the Release by not offering them the same opportunity to sign the R3001 contract. They further contend that Allstate’s unlawful threats of retaliation coerced the remaining Plaintiffs into giving up their rights and signing the Release. This argument, however, is the subject of entirely separate cross-motions for summary judgment between Allstate and the Equal Employment Opportunity Commission, which Plaintiffs have joined. Plaintiffs offer no separate argument in their own summary judgment motion.
The Court does not address this argument in this opinion as we intend to write separately on the cross-motions between Allstate and the EEOC. Those motions deal with entirely different arguments that are best discussed in a separate opinion.
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(ii) if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the individual is given a period of at least 45 days within which to consider the agreement;
(G) the agreement provides that for a period of at least 7 days following the execution of such agreement, the individual may revoke the agreement, and the agreement shall not become effective or enforceable until the revocation period has expired;
(H) if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the employer (at the commencement of the period specified in subparagraph (F)) informs the individual in writing in a manner calculated to be understood by the average individual eligible to participate, as to—
(i) any class, unit, or group of individuals covered by such program, any eligibility factors for such program, and any time limits applicable to such program; and
(ii) the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program.
29 U.S.C. § 626(f)(1). The United States Supreme Court has interpreted this statute to impose
rigid requirements: “Congress imposed specific duties on employers who seek releases of certain
claims created by statute. Congress delineated these duties and without qualification: An
employee ‘may not waive’ an ADEA claim unless the employer complies with the statute.
Courts cannot with ease presume ratification of that which Congress forbids.” Oubre v. Entergy
Operations, Inc., 522 U.S. 422, 427 (1998). It went on to note that “[t]he statute creates a series
of prerequisites for knowing and voluntary waivers and imposes affirmative duties of disclosure
and waiting periods.” Id. Moreover, it remarked that “[t]he OWBPA governs the effect under
federal law of waivers or releases on ADEA claims and incorporates no exceptions or
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qualifications. The text of the OWBPA forecloses the employer’s defense, notwithstanding how general contract principles would apply to non-ADEA claims.” Id. Notably, “[t]he party asserting the validity of a waiver shall have the burden of proving . . . that a waiver was knowing and voluntary . . .” 29 U.S.C. § 626(f)(3). “The absence of even one of the OWBPA’s requirements invalidates a waiver.” Butcher v. Gerber Prods. Co., 8 F. Supp. 2d 307, 314 (S.D.N.Y 1998).
Allstate asserts that the Release fully complies with all of OWBPA’s dictates. In response, Plaintiffs contend that Allstate failed to comply with at least three OWBPA requirements: (1) the requirement for the minimum of what must be disclosed (“disclosure requirements”) provided at 29 U.S.C. § 626(f)(1)(H); (2) the requirement that the release be understandable to the average employee subject to the Program (“understandability requirement”) provided at 29 U.S.C. § 626(f)(1)(A); and (3) the requirement that the release be supported by consideration in addition to anything of value to which the individual is already entitled (“consideration requirement”), provided at 29 U.S.C. § 626(f)(1)(D).18
a. The Disclosure Requirements As set forth above, the disclosure requirements mandate that when an employer seeks a waiver of ADEA claims in connection with an “employment termination program,” it must inform affected employees as to (1) “any class, unit, or group of individuals covered by such program, any eligibility factors for such program, and any time limits applicable to such
18 Plaintiffs do not dispute that the Release referred to claims under the ADEA, 29 U.S.C. § 626(f)(1)(B); did not waive claims arising after its execution, id. § 626(f)(1)(C); advised employee agents to consult an attorney, id. § 626(f)(1)(D); gave agents at least forty-five days to consider the agreement, id. § 626(f)(1)(F), and provided at least seven days to revoke after execution. Id. § 626(f)(1)(G).
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program;” and (2) the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program.” 29 U.S.C. § 626(f)(1)(H). An “employment termination program” takes place when a group or class of employees are involuntarily terminated and “offered additional consideration for their decision to sign a waiver.” 29 C.F.R. § 1625.22(f)(1)(iii)(A). “Typically, an involuntary termination program is a standardized formula or package of benefits that is available to two or more employees. . . .” Id. § 1625.22(f)(1)(iii)(B).
“The terms ‘class,” ‘unit,’ or ‘group’ in section 7(f)(1)(H)(I) of the ADEA and ‘job classification or organizational unit’ in section 7(f)(1)(H)(ii) of the ADEA refer to examples of categories or groupings of employees affected by a program within an employer’s particular organizational structure.” 29 C.F.R. § 1625.22(f)(3)(i)(A). Thus, “[w]hen identifying the scope of the ‘class, unit, or group,’ and ‘job classification or organization unit,’ an employer should consider its organizational structure and decision-making process.” Id. § 1625(f)(3)(i)(B). The “decisional unit” for purposes of section 7(f)(1)(H)(I) is “that portion of the employer’s organizational structure from which the employer chose the persons who would be offered consideration for the signing of a waiver and those who would not be offered consideration for the signing of a waiver.” Id. When identifying the decisional unit for purposes of the statute, the employer must act on a case-by-case basis. Id. § 1625(f)(3)(ii)(A).
The OWBPA Disclosure in this case defined its decisional unit as follows: All Allstate R830 and R1500 Agents are eligible for the options described in the “Preparing For The Future” - R830 and R1500 Agent Information Booklet For the Group Reorganization Program (“Program Information Booklet”), except Montana
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and New Jersey Agents who will be covered in separate programs with different options available to them. Please consult the Program Information Booklet for more detailed information about the Program. (Heinz Decl., Ex. 74 (“Age Discrimination in Employment Waiver Information”), at ARI 003839.) It went on to list ages and job titles for the various agents who were eligible and selected and not eligible and not selected for the Program. Plaintiffs now contend that Allstate cannot show that its OWBPA Disclosure strictly complied with § 626(F)(1)(H) for four reasons. The Court addresses each separately.
(i) Voluntary and Involuntary Terminations First, the EEOC regulations provide that, “[i]f an employer in its disclosure combines information concerning both voluntary and involuntary terminations, the employer shall present the information in a manner that distinguishes between involuntary and involuntary terminations.” 29 C.F.R. § 1625.22(f)(4)(iv). According to Plaintiffs, however, Allstate did not comply with this requirement, but rather, using a category of “eligible and selected,” the OWBPA disclosure lumped together (a) R830 and R1500 agents who were involuntarily terminated as part of the Program; and (b) the West Virginia and the other R830 agents of Allstate who were not terminated, but had the choice to remain in their contracts or voluntarily participate in the Program. Thus, Plaintiffs contend they could not discern how many R830 and R1500 agents were not being terminated and what their ages were. The Court agrees that Allstate’s disclosure does not precisely follow the letter of this requirement. A review of the undisputed facts of record reveals that, of the more than 6,300 employee agents listed as “eligible and selected” for the Program, (a) fourteen of them were from West Virginia and were offered incentives to sign the Release, but did not have their contracts
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involuntarily terminated, and (b) four of them were R830 agents that did not have their contracts involuntarily terminated, but were also offered incentives to sign the Release. In the OWBPA disclosure itself, Allstate did not indicate that these eighteen agents were not having their agreements terminated as of the date specified by the Program.
Allstate responds that the Informational Notice distributed to all agents as part of the Program specified the date by which Allstate terminated its employee agent contracts, and informed all agents that “[t]his does not apply to R830 or R1500 agents whose agreements were executed in the State of West Virginia on or after June 8, 1984.” (Zolner Decl., Ex. 68 (“Informational Notice”), at ARI 003845.) This statement, however, did not clearly inform Plaintiffs that these approximately eighteen agents were not having their contracts terminated. Primarily, the disclosure was in the Program Information Booklet, not in the OWBPA disclosure. Second, the disclosure was couched within a small footnote in small print. Third, the statement to which the footnote was appended stated, “Your employment as an Allstate Agent and your R830 Agent Compensation Agreement or R1500 Agent Employment Agreement shall terminate no later than the close business on June 30, 2000 (or if in Delaware, no later than close of business on December 31, 2000).” (Id.) A plain reading of this text does not indicate to a reasonable reader that the West Virginian agents were never having their contracts terminated, only that their contracts were not terminating on the date specified above. Moreover, it did not reference the four other agents who were exempted from termination.
In addition, Allstate’s disclosure fails to separately list the ages for those agents whose contracts were not being involuntarily terminated. The regulations state that the disclosure must provide “[t]he job titles and ages of all individuals eligible or selected for the program, and the
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ages of all individuals in the same job classification or organizational unit who are not eligible or
selected for the program.” 29 C.F.R. § 1625.22(f)(1)(ii). The regulations go on to note that
“[i]nformation regarding ages should be broken down according to the age of each person
eligible or selected for the program and each person not eligible or selected program.” Id. §
1625.22(f)(4)(ii). As noted above, however, “[i]f an employer in its disclosure combines
information concerning both voluntary and involuntary terminations, the employer shall present
the information in a manner that distinguishes between voluntary and involuntary terminations.”
Id. § 1625.22(f)(4)(iv). Undisputedly, Allstate failed to do so.19
Notwithstanding this failure, Allstate argues that its disclosures complied with the spirit
of the regulations in that Plaintiffs were not deprived of any information needed to decide
whether to sign the Release or to accurately assess whether they had a possibly valid
discrimination claim. This is particularly true in that the eighteen agents who were not
terminated “represent an infinitesimal percentage of the total number of agents eligible for the
19 Allstate argues that these two provisions of the regulations should be read separately and that it was not required to separately list ages for voluntary and involuntary terminations. Rather, Allstate asserts that the regulations only require that ages be broken down “according to the age of each person eligible or selected for the program and each person not eligible or selected for the program.” 29 C.F.R. § 1625(f)(4)(ii). An “eligible and selected” employee is one “offered consideration for the signing of a waiver.” Id. § 1625(f)(3)(i)(B). In further support of this proposition, Allstate cites Ricciardi v. Elec Data Sys. Corp., No. Civ.A.03-5285, 2007 WL 576323 (E.D. Pa. Feb. 20, 2007), which provided that “[t]he OWBPA requires a workforce listing to include the job titles and ages of all the individuals selected to receive consideration in exchange for executing a release.” Id. at *4.
Notably, however, unlike the Program here, the program at issue in Ricciardi did not involve any voluntary terminations. Moreover, Allstate’s argument completely disregards the regulations’ clear dictate that “[i]f an employer in its disclosure combines information concerning both voluntary and involuntary terminations, the employer shall present the information in a manner that distinguishes between voluntary and involuntary terminations.” 29 C.F.R. § 1625.22(f)(4)(iv) (emphasis added). “Information” would necessarily include age.
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Program” and that fourteen of those agents were over the age of forty. (Allstate’s Resp. Opp’n Mot. Summ. J. 39–40.)
The Court must agree. While the Supreme Court has made clear OWBPA is a “strict, unqualified statutory stricture on waivers” and that “[a]n employee ‘may not waive’ an ADEA claim unless the employer complies with the statute,” Oubre, 522 U.S. at 426–27, the Supreme Court did not address the standard for determining whether an employer’s attempted compliance meets the requirements of OWBPA. Indeed, courts have noted that the disclosure required under § 626(f)(1)(H) is “so imprecise, it cannot possibly require strict application.” Ribble v. Kimberly-Clark Corp., No. Civ.A.09-643, 2012 WL 589252, at *5 (E.D. Wis. Feb. 22, 2012). “In light of the OWBPA’s imprecise terms, some violations may be so technical as to be de minimis, and thus may not invalidate an otherwise valid release of ADEA claims.” Am. Airlines, Inc. v. Cardoz-Rodriguez, 133 F.3d 111, 118 n.6 (1st Cir. 1998). “Holding an employer strictly accountable for what might be a technical violation of these imprecise terms [such as ‘job title,’ ‘job classification,’ and ‘organizational unit’], with no indication that this would facilitate the provisions purpose and might even hamper it, is untenable and would elevate form over substance.” Raczak v. Ameritech Corp., 103 F.3d 1257, 1260 (6th Cir. 1997); see also Adams v. Ameritech Servs., Inc., 231 F.3d 414, 431 (7th Cir. 2000) (“[A] literal approach to the statute could lead to hypertechnical requirements that have little to do with the purpose of the law.”) Thus, “while an employer must comply with the requirements of the OWBPA in order to obtain a valid waiver, the imprecise language of the statute requires that compliance be measured in relation to the purpose underlying the act.” Ribble, 2012 WL 589252, at *5.
In this case, the OWBPA requirements as to employee ages and decisional units have a
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defined purpose. They are intended to “permit older workers,” who might otherwise “have no information at all regarding the scope of the [employment termination] program or its eligibility criteria [,] . . . to determine whether the program gives rise to a valid claim under the ADEA.” S. Rep. No. 101-263, at 32 (1990), reprinted in part in 1990 U.S.C.C.A.N. 1509, 1537–38; see also Burlison v. McDonald’s Corp., 455 F.3d 1242, 1247 (11th Cir. 2006) (holding that the purpose of this provision is “to ensure that older employees are provided with information necessary to evaluate any potential ADEA claims they may have before deciding to release them.”). Thus, in evaluating whether the employer’s § 626(f)(1)(H) disclosure was sufficient, the relevant question is whether the employees were “provided with the age and job-title information that would be relevant if the employees were to bring an age discrimination claim arising out of their termination.” Adams v. Moore Bus. Forms, Inc., 224 F.3d 324, 329 (4th Cir. 2000).
Under the particular facts of this case, Allstate has complied with the spirit of this requirement. Allstate informed Plaintiffs that over 6,300 agents were “eligible and selected” for the Program and gave the ages and job titles for each of these agents. The undisputed evidence shows that many Plaintiffs easily understood that approximately ninety percent of those agents were over forty years of age, thus allowing the Plaintiffs to evaluate whether they had a potential age discrimination claim against Allstate. The mere fact that eighteen agents (fourteen from West Virginia and four other R830 agents from other states) were not having their contracts involuntarily terminated, but were merely offered the same Program options, did not affect the calculus, as this group made up less than one percent of the total number of agents “eligible and selected” for the Program. Moreover, as noted by Allstate, a disclosure of the fact that these agents were not having their contracts terminated would not have affected the analysis of whether
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an ADEA claim was possible, given that fourteen of the eighteen agents were over forty years
old. To completely invalidate the Release based on such a de minimis violation of ambiguous
OWBPA standards would elevate form over substance with no indication that stricter compliance would have further advanced OWBPA’s purpose.20 Accordingly, the Court rejects this argument
as a ground for invalidating the Release.
(ii) Montana Agents The second error in Allstate’s OWBPA disclosure identified by Plaintiffs is the alleged
inaccurate statement that Allstate’s Montana R830 and R1500 were not subject to the Program
but were covered by a “separate program[]” with “different options.” Plaintiffs contend that
from the start, Allstate wanted to terminate these agents as part of the Program and ultimately did
so, rolling out the same Program in Montana in February 2000. All Plaintiffs and non-employee
Montana agents had until June 1, 2000 to sign the Release. Although Allstate provided the
Montana agents with an OWBPA disclosure showing all agents eligible and selected for the
Program, it failed to provide all other agents, including Plaintiffs, with an updated disclosure
reflecting the selection of its Montana agents for termination as part of the Program. According
to Plaintiffs, this failure constituted a violation of § 626(f)(1)(H), which, if condoned, would
encourage employers seeking to get rid of older employees to intentionally delay announcing the
20 Plaintiffs argue that condoning Allstate’s violation of 29 C.F.R. § 1625.22(f)(4)(iv) “would have serious public policy implications because it would give employers carte blanche to select for group termination only their oldest employees, but hide their discrimination by making employees under age 40 eligible to voluntarily participate in the program and by not distinguishing between the two groups in its OWBPA disclosure.” (Pls.’ Reply Br. 10 n.7.) The Court does not share Plaintiffs’ concerns. The ruling in this case is limited to the unique facts of this matter where Allstate improperly labeled only eighteen out of approximately 6,300 terminated agents. Of those eighteen, only four were under the age of forty. This mislabeling cannot be construed as an effort by Allstate to hide age discrimination.
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group termination of many of its oldest employees until after announcing a first wave of terminations. In turn, this would prevent the employees who received the initial disclosure from discerning if they had an age discrimination claim.
In response, Allstate argues that when it announced the Program in November 1999, it was faced with uncertainty about the Program’s application in Montana because of unique circumstances brought about by Montana state laws. As a result, in the November 16, 1999 ADEA Waiver Information sheet, Allstate stated that “[a]ll Allstate R830 and R1500 are eligible for the options described in the ‘Preparing for the Future’—R830 and R1500 Agent Information Booklet For the Group Reorganization Program (‘Program Information Booklet’), except Montana and New Jersey Agents who will be covered in separate programs with different options available to them.” (Heinz Decl., Ex. 74, (“Age Discrimination in Employment Waiver Information”), at ARI 003839.) Allstate subsequently offered its Montana agents a “separate program” wherein they were given Montana-specific materials and did not become eligible until February. Although, according to Allstate, the Program as implemented in Montana was largely the same as the Program announced in November 1999, the Montana Program had different options. For example, agents selecting the EA Option in Montana could only enter into the R3001C contract, which was designed for corporations, whereas agents in the other states could enter into either an R3001S contract as sole proprietors or the R3001C contract. (Zolner Decl., Ex. 124 (“Preparing for the Future R830 and R1500 Agent Information Booklet for Montana Agents”), at ARI 195088–ARI 195089; Zolner Decl., Ex. 65 (“Preparing for the Future R830 and R1500 Agent Information Booklet”).) Moreover, Allstate asserts that it had no duty to redistribute the Montana ADEA Waiver Information to agents in other states who had been eligible
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for the Program since November 1999. Even if it had, the February 2000 Montana ADEA Waiver Information did not provide new information that agents eligible for the Program did not already have, since the original November 1999 disclosure form listed the ages of the twenty Montana agents. Of those, seventeen were over the age of forty and three were under the age of forty.
The parties now dispute whether the Montana program was a “separate program” or simply a continuation of the same Program, whether the Montana agents were part of the same decisional unit as the original terminated agents, and whether the original agents were entitled to updated disclosure when the Montana agents were added to the Program. This dispute may be easily resolved by reference to the EEOC regulations. Under 29 C.F.R. § 1625.22(f)(4)(vi):
An involuntary termination program in a decisional unit may take place in successive increments over a period of time. Special rules apply to this situation. Specifically, information supplied with regard to the involuntary termination program should be cumulative, so that later terminees are provided ages and job titles or job categories, as appropriate, for all persons in the decisional unit at the beginning of the program and all persons terminated to date. There is no duty to supplement the information given to earlier terminees so long as the disclosure, at the time it is given, conforms to the requirements of this section. Id. (emphasis added). Parsing the language of this regulation, the Court finds that Allstate acted within the confines of OWBPA. Allstate structured its Program to take place in successive increments over a period of time. The original stage of the Program that affected approximately 6,200 agents was announced in November 1999, required the affected agents sign the Release as of June 30, 2000, and stated that their contracts would terminate as of that date. Allstate fully informed those agents not only as to the ages and job categories for that group, but also informed them as to the
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ages and job categories of the Montana agents, whom Allstate defined as being subject to a “separate program.”21 The Program that affected the Montana agents—whether characterized as a “separate program” or the second stage of the original Program—had separate release-signing dates and separate termination dates. As such, the Montana agents were “later terminees” for purposes of the regulation. Consistent with the mandates of this provision, the Montana agents received cumulative information, such that they learned of the ages and job titles/categories for all persons in the decisional unit at the beginning of the program and all persons terminated to date. Also consistent with this provision, Allstate did not supplement the disclosure given to the earlier terminees.
Plaintiffs offer two arguments to undermine reliance on this regulation. First, they note that 29 C.F.R. § 1625.22(f)(4)(vi) provides that there is no duty to supplement an earlier disclosure “so long as the disclosure, at the time it is given, conforms to the requirements of this section.” Plaintiffs now claim that the OWBPA Disclosure did not otherwise satisfy § 626(f)(1)(H), for the reasons set forth elsewhere in their brief. The Court deals with those arguments separately and, to the extent there is a violation of § 626(f)(1)(H), the Release will be invalidated on those grounds.
Second, Plaintiffs devote substantial, but unwarranted, attention to the word “terminees.” They contend that “the approximately 5,600 agents who were subject to the Program, but had not yet decided their fate as of February 2000, were not ‘terminees’—they were still active Allstate
21 The parties strenuously dispute whether the Montana program was a “separate program” from the original program. This, however, is a distinction without a difference. The regulations did not require that the Montana agents be noted as being under any program in November 1999. They only required that the ages and job titles of the Montana agents be listed and that Allstate indicate that they were not eligible and not selected for that program.
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employees with at least four months to go before the Release-signing deadline. Without complete and accurate information, these agents’ waivers of ADEA claims were not knowing.” (Pls.’ Reply Supp. Summ. J. 13.) This interpretation misunderstands the regulation. As of February 2000, the remaining 5,600 agents were still “terminees” in that they were expressly informed that their employment contracts were to be terminated, irrespective of whether or not they signed the Release or what option they chose under the Program. The mere fact that the terminations had not officially taken place as of February 2000 is irrelevant. To interpret the word “terminee” as Plaintiffs suggest would result in an inconsistent meaning being given to the term “later terminees.” In other words, if “terminee” is defined as one already terminated, then the “later terminees” would have also had to have been terminated—albeit at a later time—prior to their ever receiving their requisite disclosures. The more appropriate interpretation of this term is that once an employee is expressly told that their contract will be terminated under the Program, he/she becomes a “terminee” for purposes of OWBPA.
In short, the Court finds no error in the failure to disclose to the original participants in the Program, via an amended document, that the Montana agents later became eligible and selected for the Program, so long as the Montana agents were provided with a cumulative disclosure. Accordingly, the Court declines to invalidate the Release on this ground.
(iii) Exclusion of R3000 Agents from the List of Those Not Eligible or Selected
Next, Plaintiffs argue that Allstate’s OWBPA Disclosure did not identify the proper decisional unit for the Program because it excluded associate and R3000 agents from the list of those not eligible or selected. Plaintiffs claim that the proper decisional unit for the Program was
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Allstate Insurance Company’s captive employee agency force, which included not only R830 and R1500 agents, but also associate and R3000 agents who had the same role, same job, and same managers. Thus, according to Plaintiffs, Allstate’s exclusion of associate and R3000 agents from its OWBPA Disclosure left Plaintiffs in the dark about the total number and ages of employee agents spared from termination.
As noted above, section 1625.22 explains that the terms “class,” “unit,” “group,” “job classification,” and “organizational unit” refer to examples of categories affected by a program within an employer’s particular organizational structure, and that the scope of such terms is “determined by examining the ‘decisional unit’ at issue.” 29 C.F.R. § 1625.22(f)(1)(iii)(C). The regulation goes on to state:
When identifying the scope of the “class, unit, or group,” and “job classification or organizational unit,” an employer should consider its organizational structure and decision-making process. A “decisional unit” is that portion of the employer’s organizational structure from which the employer chose the persons who would be offered consideration for the signing of a waiver and those who would not be offered consideration for the signing of a waiver. The term “decisional unit” has been developed to reflect the process by which an employer chose certain employees for a program and ruled out others from that program. Id. § 1625.22(f)(3)(i)(B). Notably, “if an employer seeks to terminate employees by exclusively considering a particular portion or subgroup of its operations as a specific facility, then that subgroup or portion of the workforce at that facility will be considered the decision unit.” 29 C.F.R. § 1625.22(f)(3)(ii)(D). Nonetheless, “[e]ach information disclosure must be structured based upon the individual case, taking into account the corporate structure, the population of the decisional unit, and requirements of section 7(f)(1)(H) of the ADEA.” 29 C.F.R. § 1625.22(f)(4)(vii)
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Plaintiffs dispute the appropriate decisional unit in this case. They vigorously contend that the appropriate unit was Allstate’s entire captive employee agency force. In turn, they assert that the R3000 and associate agents should have been included within this decisional unit and their information should have been disclosed in the OWBPA Disclosure.
The Court, however, does not find this argument persuasive. As noted above, a “decisional unit” is that portion of the employer’s organizational structure from which the employer chose the persons who would be offered consideration for the signing of a waiver and those who would not be offered consideration for the signing of a waiver. To accept Plaintiffs’ argument that the decisional unit was the entire captive agent workforce, Allstate would have had to include all R3001 independent contractors who were part of the Exclusive Agency Program. Yet, as all parties agree, the Program sought to either convert the employee agents to an R3001 contract, allow them to sell their book of business, or otherwise take an enhanced severance in return for signing a Release. To include agents who were already under R3001 contracts in the decisional unit would make little sense as such agents were already independent contractors and already had the right to sell their book of business. Accordingly, the Court finds no evidentiary support for a finding that the appropriate decisional unit was anything other than what Allstate says it was—all employee agents of Allstate.
This finding then raises the question of whether R3000 and associate agents were appropriately part of the employee agent force and, thus, a part of the decisional unit for which Allstate was required to disclose information. The Court finds that they were not. Both the associate agents and the R3000 agents were employee agents whose contracts automatically terminated after eighteen months, after which they could apply to become R3001 independent
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contractors. They did not have the option to then enter into an R830 or R1500 contract. Accordingly, they would not have been part of any decision as to which employees would be terminated under the Program and offered the opportunity to become R3001 agents along with the signing of a Release. While Plaintiffs make much of the fact that the R3000 and associate agents were part of the captive employee agent force, Plaintiffs disregard that such agents were only temporary employees with no entitlement to any of the same long-term benefits available to the R830 and R1500 contracts. Section 626(f)(1)(H) applies only if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees the employer. As the R3000 and associate agent contracts were subject to automatic termination with no further action, there was no logical reason for them to be considered for participation in the Program. Therefore, the Court finds no basis for requiring that Allstate reveal their ages and job titles in the OWBPA Disclosure.
(iv) Inclusion of New Jersey Agents The final alleged failure in the OWBPA disclosure identified by Plaintiffs is Allstate’s inclusion of New Jersey agents in the Program decisional unit. Specifically, the OWBPA Disclosure aggregated the employee agents of Allstate New Jersey and Allstate Insurance Company into one decisional unit. According to Plaintiffs, nothing in OWBPA or its governing regulations suggests that multiple corporations can be combined into one decisional unit for disclosure purposes. As Allstate New Jersey was a “separate company” from Allstate Insurance Company and had a different compensation agreement with its employee agents than Allstate Insurance Company did in the rest of the country, it was improper for Allstate to treat the New Jersey agents as part of its decisional unit for the Program. Because the New Jersey agents were
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not subject to the Program and were, on average, several years older than the R830 and R1500 agents subject to the Program, their inclusion as part of the same decisional unit artificially reduced the apparent adverse impact on older agents.
Relying on Allstate’s definition of the decisional unit—all R830 and R500 agents in the United States—the inclusion of the Allstate New Jersey Agents subject to those contracts was correct. At its core, the term “decisional unit” is intended to reflect the reality of “the process by which an employer chose certain employees for an exit incentive or termination program and ruled out others.” 29 C.F.R. § 625.22(f)(3)(i)(B). Although the Court cannot always take an employer’s description of decisional units at face value since it may be self-serving, Ribble v. Kimberly-Clark Corp., 717 F. Supp. 2d 820, 822 (E.D. Wis. 2010), “[t]he plain language of the regulations indicates the decision belongs to the employer.” Ribble v. Kimberly-Clark Corp., No. Civ.A.09-643, 2012 WL 589252, at *12 (E.D. Wis. Feb. 22, 2012). “Assuming that the employer’s identification of class, unit or group of employees from which the employees selected for separation were chosen reasonably describes an existing organizational unit within the company, the employer’s designation should stand.” Id. at *13. This is particularly true when a an employer chooses relevant and reasonable objective bases—such as geography, education level, job title, seniority, and current job focus—as opposed to “[s]quishy, manipulable, subjective criteria.” Id. Here, the use of a nationwide geographic location together with the specific employment contracts constituted an objective description from which Allstate selected its employees for separation.
Plaintiffs, however, contend that Allstate New Jersey was a “separate company” and had “a different compensation arrangement” than Allstate Insurance Company did with the rest of the
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country. As such, they claim that it was improper for Allstate to treat the New Jersey agents as part of its decisional unit for the Program. In support of this argument, they cite to the case of Pagliolo v. Guidant Corp., 483 F. Supp. 2d 847 (D. Minn. 2007) where the court found that “OWBPA requires employees to provide information about only those workers within a departing employee’s ‘decisional unit’ and not job titles and ages of all employees nationwide who were terminated.” Id. at 859. In that case, the defendants were Guidant Corporation and several of its subsidiaries throughout the United States. Id. at 851. The Guidant employees worked at eighty-four different facilities; the plaintiffs worked at nine of those facilities. Id. A centralized senior management committee decided to implement cost reductions to meet the corporation’s financial goals and concluded that all of its United States-businesses would participate in a reduction in force (“RIF”). Id. Working with several human resource executives of the various businesses, the corporate vice president implemented the RIF on a company-wide basis and selected employees for the RIF at the local level based on job performance and criticality of jobs to the future success of the organization. Id. Ultimately, after considering more than 8,700 employees for the RIF, more than 700 were terminated and required to take advantage of certain options. Id. at 852. The OWBPA disclosure defined the decisional unit as including the company and its subsidiaries and affiliates that “are incorporated in the United States, and . . . are owned, directly or indirectly, at least 80% by the Company.” Id. at 858.
The court determined that there were six separate employers and each one should have been a separate decisional unit. Id. at 859. Further, it determined that the decisional unit should have been limited by facility, given that there were eighty-four domestic facilities. Id. It noted that because local vice presidents and managers played a key role in the termination decisions,
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the various facilities constituted the appropriate decisional levels. Id.
Pagliolo is distinguishable on several levels. First, the RIF in that case involved six
separate companies at eighty-four separate locations. This case involves only a parent company
and a single subsidiary, with all employee agents doing the same type of work. Second, in
Pagliolo, multiple local managers were used to make decisions regarding the RIF, whereas in the
present case, the parties do not dispute that there was a single task force—the Channel
Integration Team—who, along with the Board of Directors, formulated and implemented the
Program. The sole evidence of record reveals that Ed Liddy and Rick Cohen were responsible
for ultimately making the termination decision and choosing to exclude Allstate New Jersey employees.22 Third, the employer in Pagliolo relied on a subjective assessment of job criticality
and performance—criteria that were unique to each facility—when deciding whether employees
within the defined decisional unit would be terminated. Id. at 859. In this case, however,
Allstate simply designated all R830 and R1500 employee agents as the decisional group and
terminated all of them—save for several clearly-defined, state-based groups—with no individual or subjective decisions being rendered.23 Fourth, it is notable that the district court in Pagliolo
22 Plaintiffs cite to Allstate’s Rule 30(b)(6) designee on OWBPA who testified that “New Jersey is a separate company, and they have a different compensation arrangement with their agents than we do in the rest of the country. It’s a different company” (Meehan Decl., Ex. 85, (“Rule 30(b)(6) Deposition of Barry Hutton, January 22, 2003”), 388:5–8.) This testimony does not, however, undermine other testimony from Barry Hutton, the 30(b)(6) designee that Liddy and Cohen considered and included R830 and R1500 agents employed by both Allstate Insurance Company and Allstate New Jersey Corporation for the Program. Plaintiffs do not cite to any other testimony that would identify any other executive that was responsible for making decisions for Allstate New Jersey.
23 For the same reason, the Court does not find Plaintiffs’ reliance on Burlison v. McDonald’s Corp., 455 F.3d 12142 (11th Cir. 2006) relevant. In that case, the defendant’s decisional unit was nationwide. Id. at 1248. The court noted that this was not representative of
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recognized that there were substantial grounds for difference of opinion on its ruling regarding the decisional group and certified the matter for appeal to the Eighth Circuit. Pagliolo v. Guidant Corp., No. Civ.A.06-943, 2007 WL 1567617, at *3 (D. Minn May 29, 2007). No appellate decision was ever rendered.
Finally, the Court must again return to the principle discussed earlier that this provision of OWBPA is so ambiguous that requiring hypertechnical compliance could undermine its fundamental purpose, which is to “permit older workers,” who might otherwise “have no information at all regarding the scope of the [employment termination] program or its eligibility criteria [,] . . . to determine whether the program gives rise to a valid claim under the ADEA.” S. Rep. No. 101-263, at 32 (1990). Undoubtedly, the inclusion of the New Jersey agents satisfied that purpose. Plaintiffs were clearly informed that all R830 and R1500 agents were considered for the Program and, with minimal exceptions discussed above, all of them (more than 6,000 agents) were being involuntarily terminated. Any reasonable person of average knowledge would recognize that the largest group of R830 and R1500 agents that were not being terminated (175 in total) came from a single state, thereby signaling that circumstances other than age were at play. Their inclusion neither created confusion about eligibility criteria nor undermined the fundamental purpose underlying the OWBPA disclosure.24 Accordingly, the Court declines to
the pre-termination workforce; “[t]his is especially true here where local managers played key roles in the decision. Such a circumstance is not terribly far removed from comparing the average age of those fired from the Appellee’s decisional unit to the average age of those fired from an entirely different corporation.” Id. (emphasis in original). It concluded that “[b]ecause the local authorities controlled the decision, the localities accordingly constitute the appropriate scope of the informational requirements.” Id.
24 Plaintiffs contend that Allstate “seems to have recognized” that New Jersey agents should have been excluded from the decisional unit because Allstate “excluded from the
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invalidate the Release on this ground.
b. The “Understandability” Requirement
Plaintiffs’ second broad challenge to the OWBPA disclosure focuses on the
understandability requirement set forth at 29 U.S.C. § 626(f)(1)(i)(A). This section states that:
“Except as provided in paragraph (2), a waiver may not be considered knowing and voluntary
unless at a minimum . . . (A) the waiver is part of an agreement between the individual and the
employer that is written in a manner calculated to be understood by such individual, or by the
average individual eligible to participate.” Id. The regulations go on to clarify as follows:
(3) Waiver agreements must be drafted in plain language geared to the level of understanding of the individual party to the agreement or individuals eligible to participate. Employers should take into account such factors as the level of comprehension and education of typical participants. Consideration of these factors usually will require the limitation or elimination of technical jargon and of long, complex sentences.
(4) The waiver agreement must not have the effect of misleading, misinforming, or failing to inform participants and affected individuals. Any advantages or disadvantages described shall be presented without either exaggerating the benefits or minimizing the limitations.
29 C.F.R. § 1625.22(b)(3–4).
Plaintiffs’ understandability challenge takes two forms. First, Plaintiffs contend that the
“Release and Waiver” section is a complex, run-on sentence comprised of incomprehensible
legal jargon. Second, they assert that the waiver purports both to prohibit an individual from
filing a challenge to the validity of the waiver and to interfere with the employees’ rights to file a
decisional unit the captive employee agents of Allstate Canada,” which is also a separate company. (Pls.’ Mem. Supp. Mot. Summ. J. 51.) Canadian agents, however, are not part of the “nationwide” group of employee agents. Moreover, they operate under CR830, CR1500, and CR150 Agreements, which are different than the R830 and R1500 contracts. Finally, there is no evidence that they were ever considered for the Program and subject to involuntary termination.
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charge with the EEOC.
(i) Complex Language
Plaintiffs first contend that the “Release and Waiver” section of the Release is “largely
comprised of one complex, run-on sentence of over 200 words.” (Pls.’ Mem. Supp. Mot. Summ.
J. 53.) In addition, Plaintiffs argue that uses extensive legal jargon, which Allstate never
explained or clarified to agents. For this reason, Plaintiffs claim to not have fully understood the
waiver language in the Release.
In interpreting any release, a court must begin with the release’s plain language. Wastak
v. Lehigh Valley Health Network, 342 F.3d 281, 289 (3d Cir. 2003). As set forth above, the
relevant Release language stated:
In return for the consideration that I am receiving under the Program, I hereby release, waive, and forever discharge Allstate Insurance Company, its agents, parent, subsidiaries, affiliates, employees, officers, shareholders, successors, assigns, benefits plans, plan administrators, representatives, trustees and plan agents (“Allstate”), from any and all liability, actions, charges, causes of action, demands, damages, entitlements or claims for relief or remuneration of any kind whatsoever, whether known or unknown, or whether previously asserted or unasserted, stated or unstated, arising out of, connected with, or related to, my employment and/or the termination of my employment and my R830 or R1500 Agent Agreement with Allstate, or my transition to independent contractor status, including, but not limited to, all matters in law, in equity, in contract, or in tort, or pursuant to statute, including any claim for age or other types of discrimination prohibited under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Employee Retirement Income Security Act (“ERISA”), the Illinois Human Rights Act, and the West Virginia Human Rights Act as those acts have been amended, or any other federal, state, or local law or ordinance or the common law. I further agree that if any claim is made in my behalf with respect to any matter released and waived above, I hereby waive any rights I may have with respect thereto and agree not to take any payments or other benefits from such claim. . . .
(Heinz Decl., Ex. 186 (“Release”), at ARI 00424 (emphasis added).) Undoubtedly, the Release’s
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use of one long sentence, consisting of 203 words, is hardly the model of clarity and certainly is less preferable to the use of several shorter sentences. Nevertheless, the Court finds nothing in that language deprives it of its requisite understandability. The cited language is not buried at the bottom of a contract, but rather is highlighted for the employee. Moreover, the provision says what it means—the employee releases Allstate from any type of suit or claim related to his/her employment and/or the termination of employment and conversion to independent contractor status. The meaning was further clarified by the Informational Notice provided to each employee agent that stated:
If you sign the Release, you will be waiving your rights to any claims or potential claims arising out of your employment, termination of employment or transition to independent contractor status which have been, or could be filed against Allstate, or its affiliates pursuant to any local state or federal law. Therefore, we advise you to consult with an attorney before you elect one of the options available to you and release and waive any legal claims. (Heinz Decl., Ex. 62 (“Informational Notice”), at ARI 003845.) Thus, the mere fact that the Release was long and contained legalese does not, in and of itself, render it incomprehensible. See Ridinger v. Dow Jones & Co., Inc., 717 F. Supp. 2d 369, 274 (S.D.N.Y. 2010) (“While the Agreement is nevertheless scarcely a model of ‘plain English’ draftsmanship, it adequately conveys the limitations that Ridinger accepted in exchange for enhanced severance pay. There also is no indication that any of the undertakings set forth in the Agreement were couched in terms too complicated for Ridinger to understand.”), aff’d, 651 F.3d 309 (2d Cir. 2011). Plaintiffs’ efforts to inject confusion into this language are unavailing. First, Plaintiffs cite to the testimony Allstate’s own Rule 30(b)(6) designee, Barry Hutton, who stated as follows: Q. I understand there’s a lot of legal language here and you’re not a lawyer. I’d
like to tell you—ask you to tell me what Allstate’s understanding of the term
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“charges” is. A. I don’t know. I think you said it best. This paragraph is full of legal
language. I don’t know what the term “charges” means. Q. You have no idea what the term “charges” mean? What did Allstate intend
the term to mean. A. I can tell you what Allstate intended the release for. Q. No. I’m asking you what—Allstate used the term “charges” in the release,
and I want to know what Allstate intended that term to mean. A. I don’t know. Q. Have you ever asked anyone at Allstate what that term meant? A. No. Q. Did you understand I was going to ask you questions here today about the
wording of the release, the meaning of terms in the release. A. I understood you were going to ask me questions about the release. Q. So I take it you wouldn’t know what the term “claims for relief” meant as
used in the release? A. This is loaded with legal language. I can tell you what the company intended.
I can tell you what we thought was released. Q. Let’s take it a step at a time, if we can. What is a charge? A. In what context? Q. In the context of this release. A. I don’t know. I just stated that. I don’t know the legal meaning of all these
terms. . . . Q. Do you know what a claim for remuneration is? A. Again, those are legal terms. I don’t know precisely what that means.
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Q. Do you know the difference between an action and a charge? A. No. Q. Do you know the difference between liability and action? A. Not precisely in the legal terms there. Q. Do you know the difference between a charge and a cause of action? A. No. Q. Do you know if Allstate understands the difference? A. I don’t know how to answer that question. Q. You’ve never asked anyone, for example, what Allstate understood the term
cause of action to mean? A. No, I don’t believe I did. Q. Do you know whether, as used in this release, the term charges is intended to
be something different than a claim for relief for remuneration of any kind whatsoever? A. No, I don’t. (Meehan Decl., Ex. 85 (“Rule 30(b)(6) Deposition of Barry Hutton, Jan. 22, 2003”), 498:21–501:21.) Based on this testimony, Plaintiffs contend that if Allstate’s corporate designee could not understand the Release language, then the language was not written in a manner to be understood by the average agent. Hutton’s understanding, while perhaps informative as to how the “average individual eligible to participate” would have understood the Release, bears little on the analysis and is certainly not controlling. “OWBPA’s understandability requirement is couched in objective terms (the agreement between the parties must be ‘written in a manner calculated to be
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understood by such individual, or by the average individual eligible to participate.’[)].” Rupert v. PPG Indus., Inc., Nos. Civ.A.07-705, 08-616, 2009 WL 596014, at *43 n.8 (W.D. Pa. Feb. 26, 2009) (quoting 29 U.S.C. § 626(f)(1)(A)). Thus, “it is unnecessary to consider extrinsic evidence as to how the Releases allegedly were in fact understood.”25 Id. Moreover, to the extent Hutton could not legally define what certain terms meant does not mean that they were not understandable. Certainly, almost every release, waiver, disclaimer, etc. contains some legal jargon that the average reader cannot parse or individually define. That alone does not invalidate a release. Rather, the proper inquiry before the Court is whether the agreement as a whole can be understood by the average individual eligible to participate.
The Plaintiffs, in this case, were all businesspeople. They were agents for Allstate, handling complicated insurance contracts for anywhere from nine to thirty-one years. Many had attended at least some college and some had business or professional degrees. Allstate was not dealing with individuals of below average intelligence or who were inexperienced with contractual language. Certainly, the language of the Release was not so complicated as to be not understandable to the average signee.
Second, Plaintiffs cite to standardized “readability” tests, which conclude that the waiver language was objectively “impossible to comprehend,” “EXTREMELY difficult to read,” and
25 Allstate contends that Plaintiffs each represented to Allstate when they entered into the Release that: “I have read this Release, and I understand its legal and binding effect,” and “I have read and understand the Release, as well as the materials describing the Program, including the Program Information Booklet.” (Zolner Decl., Ex. 69 (“Release”), at ARI 004101, ARI 004103.) Moreover, Allstate notes that numerous Plaintiffs testified under oath—and contrary to their current Declarations—that they understood what the Release said and meant. For the same reasons that the Court does not find Hutton’s testimony to be dispositive, the Court does not deem this evidence controlling.
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not understandable by an average person with an education below graduate level. Plaintiffs, however, obtained these results by entering the text from the waiver section of the Release in the free readability tools available at http://www.readabilityformulas.com/free-readability-formulatests.php. The website then uses seven “popular readability formulas” to produce results. Given that Plaintiffs have produced no expert testimony to vouch for the reliability of this free online test,26 the Court declines to consider this “evidence.”
In short, the Court deems the language of the Release to be understandable as a whole and typical of an enforceable waiver. As such, Plaintiff’s argument in this regard is rejected.
(ii) Whether the Release Created the False Impression that Agents Could Not Challenge Its Validity or File EEOC Charges
Alternatively, Plaintiffs allege that the Release impinges on another of the OWBPA regulations. Specifically, 29 U.S.C. § 626(f)(4) states, “[n]o waiver agreement may affect the [EEOC’s] rights and responsibilities to enforce this chapter. No waiver may be used to justify interfering with the protected right of an employee to file a charge or participate in an investigation or proceeding conducted by the [EEOC].” This provision is clarified by the regulations, which state that “[n]o waiver agreement may include any provision prohibiting any individual from: (i) Filing a charge or complaint, including a challenge to the validity of the waiver agreement, with EEOC, or (ii) Participating in any investigation or proceeding conducted by EEOC.” 29 C.F.R. § 1625.22(i)(2). Yet, according to Plaintiffs, this is exactly what the
26 The cases cited by Plaintiffs in support of the readability scores—United States. v. City of New York, 637 F. Supp. 2d 77, 122–23 (E.D.N.Y. 2009) and Foggs v. Block, No. Civ.A. 810365, 1983 U.S. Dist. LEXIS 18288, at *9–12 (D. Mass. Apr. 6, 1983)—involved expert testimony regarding readability, not a free online service.
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Release purports to do since it to “release[s]” and “waive[s]” any “charges,” without any
corresponding language informing employee agents of their non-waivable right to challenge the
validity of the Release as to ADEA claims and to bring EEOC charges.
The assessment of this argument is not a simple one in light of the somewhat conflicting
jurisprudence on the matter. Allstate relies heavily on the Third Circuit decision in Wastak v.
Lehigh Valley Health Network, 342 F.3d 281, 284 (3d Cir. 2003). In that matter, the release
stated that:
Wastak . . . herein agrees that [he will not] file a charge, complaint, lawsuit or other claim against [Lehigh Valley] . . . for any acts, omissions or statements arising out of any aspect of Wastak’s employment or termination of Wastak’s employment with [Lehigh Valley]. By way of example only and without limiting the immediately preceding sentence, Wastak promises not to file a claim or lawsuit under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (29 U.S.C. § 621), Section 1981 of the Civil Rights Act of 1866, the Equal Pay Act of 1963, the Rehabilitation Act of 1973 and Civil Rights Act of 1991, Pennsylvania Human Relations Act, Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq., and any other state or federal equal employment opportunity law or statute. In addition, Wastak agrees not to file any cause of action or claim relating to the breach of an oral or written contract, misrepresentation, defamation, interference with contract and intentional or negligent infliction of emotional distress, and any other common law claims and all claims for counsel fees and costs.
Id. at 284 (emphasis added). The Third Circuit found that the release did not violate §
626(f)(4)’s dictates, reasoning that “[a]t most, the statutory language [of § 626(f)(4)] can be read
to mean only that a provision that purports to, for example, alter the EEOC’s rights to pursue and
investigate a claim that is filed, is unenforceable.” Id. at 289. It went on to find that “the statute
is clear that any attempt by an employer to enforce a contractual provision prohibiting an
employee from filing a charge or participating in an EEOC investigation would be ineffectual,
but there is no indication that the mere presence of that contractual language would void an
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otherwise knowing and voluntary waiver.” Id. at 290 (emphasis in original). Relying on that interpretation of the statute, the Third Circuit remarked that “[a]lthough the [plaintiff] is clearly correct to the extent it asserts that the agreement purports to deny [the employee] a right he actually had, it has not offered a convincing rationale as to how that misstatement renders the agreement not understandable.” Id. at 292.
This Court does not deem Wastak controlling, however, as it was based on an interpretation of the statute without the benefit of the subsequently enacted 29 C.F.R. § 162.22(i)(2). Indeed, the Third Circuit acknowledged that that regulation would alter its statutory interpretation and would clearly preclude the inclusion of provisions that prohibit resort to the administrative process. Id. at 293 n.6 (citing 29 C.F.R. § 1625.22(i)(2) (“No waiver agreement may include any provision prohibiting any individual from . . . [f]iling a charge or complaint, including a challenge to the validity of the waiver agreement, with [the] EEOC.”)). The Court further opined that “[t]he presence of such a prohibition in a waiver agreement that is subject to this regulation could certainly lead a court to find, under proper circumstances, that the waiver ‘ha[d] the effect of misleading, misinforming, or failing to inform’ the plaintiff, 29 C.F.R. § 1625.22(b)(4), thus rendering the waiver not ‘knowing and voluntary,’ and, therefore, invalid.” Wastak, 342 F.3d at 293 n.6.
More recent district court decisions have dealt with the impact of this newer regulation on the issue of whether the inclusion of a provision precluding an individual from challenging the validity of the waiver runs afoul of the understandability requirement. In Rupert v. PPG Industries, Inc., Nos. Civ.A.07-70, 08-616, 2009 WL 596014 (W.D. Pa. Feb. 26, 2009), the district court construed the aforementioned regulations and observed that a release written in a
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manner that reasonably could be understood to bar a challenge to its validity fails to satisfy the
understandability requirement of the OWBPA and would be ineffective as a waiver of ADEA
claims. Id. at *49. In reaching this conclusion, the court considered the agency commentary
accompanying 29 C.F.R. § 1625.23 and concluded that two comments published in the Federal
Register controlled the interpretation. Id. at *47. The first comment stated that:
Employers therefore must take precautions in drafting covenants not to sue so that employees understand that the covenants do not affect their right to test the knowing and voluntary nature of the agreements in court under the OWBPA. By investing, [‘]court[s] of competent jurisdiction[’] with the authority to resolve [‘]any dispute that may arise over . . . the validity of a waiver,[’] Congress manifested in the plain language of the statute its intention to permit an employee who signed an ADEA waiver, to sue his or her employer upon the belief that the waiver did not comply with the OWBPA. Thus, any provision in a waiver agreement that would cause an employee to believe that he or she could not seek a judicial determination of the validity of the waiver misrepresents the rights and obligations of the parties to the agreement. Such a misrepresentation conflicts with the OWBPA requirement that a valid waiver agreement must be [‘]written in a manner calculated to be understood[’] by the employee [‘]or by the average individual eligible to participate.[’] 29 U.S.C. 626(f)(1) (A).[”]
Id. (quoting Waiver of Rights and Claims: Tender Back of Consideration, 65 Fed. Reg. 77438,
77443-44 (Dec. 11, 2000) (emphasis in original)). The second comment provided:
The final regulation does not address the question of severability because the NPRM did not present the issue, and the record on it is very limited. The Commission believes, however, that contrary to the position advanced by the employer, there is a strong argument that inclusion of an invalid provision in an ADEA waiver agreement—such as a tender back clause or a damages provision—should invalidate the entire waiver. Under this point of view, inclusion of such provisions in a waiver would make the agreement misleading in a material sense and thus violate the OWBPA’s requirement that waivers be calculated to be understandable by the individual or by the average individual eligible to participate.
Id. at *47 (quoting Waiver of Rights and Claims: Tender Back of Consideration, 65 Fed. Reg. at
77441). The court reasoned that these comments supported the invalidation of the entire
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agreement rather than just the specific provisions that purported to bar EEOC claims.
The Rupert court then turned to the language of the specific release at issue, which stated
that:
Employee . . . unconditionally releases [Defendant] from any and all claims and demands of any kind, known or unknown, which he/she may have against [Defendant] as of the date Employee signs this Agreement, and any claims relating to his/her employment as of his/her Separation Date. This release includes a waiver (a giving up) of any legal rights or claims Employee may have or may have had based upon any federal, state or local statutes or ordinances, specifically including but not limited to . . . the [ADEA], all as amended, and any other claim or cause of action under federal, state or local statutory or common law. . . . . All such claims (including claims for related attorneys’ fees and any litigation and court costs) are forever barred by this Agreement.
Id. at *41 (emphasis in original). “Significantly,” in addition to the broad claims release
provision, the releases also contained, in the next subparagraph, a separate covenant not to sue
stating that “Employee agrees never to file a lawsuit or become a member of a class asserting any
claims that are released by Employee in this Agreement.” Id. As such, the court remarked that,
The risk of misunderstanding by the average eligible participant that the Release language operates to bar a challenge under the OWBPA to the legal effectiveness of the Release is heightened in the instant case, where the scope of the covenant not to sue in paragraph 6(b) extends to “any claims that are released by Employee in this Agreement”, which necessarily requires reference to the broad claims release language in paragraph 6(a) that applies to “any and all claims and demands of any kind,’ including but not limited to ‘any legal rights or claims Employee may have or may have had based upon . . . the [ADEA] . . . as amended.”
Id. at *42. It thus concluded that, “the challenging of the effectiveness under the OWBPA of the
Releases and the bringing of an ADEA claim lawsuit are, or reasonably could have been
understood under the circumstances by the average eligible participant as being, intertwined and
interconnected as a practical matter and included within the scope of the paragraph 6(a) broad
affirmative claims release, of the paragraph 6(b) covenant not to sue, and/or of both in their
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combination.” Id. Hence, “reading in conjunction the paragraph 6(a) claims release and the
paragraph 6(b) covenant not to sue, the average eligible participant reasonably could have
understood that the Release barred a challenge to the effectiveness or enforceability under the
OWBPA of his or her Release.” Id.
The same issue was reached in Bogacz v. MTD Products, Inc., 694 F. Supp. 2d 400
(W.D. Pa. 2010). The release in that matter stated that the plaintiff must, among other things:
waive, release, and promise never to assert any or all claims that you have or might have against the Company, it’s [sic] predecessors, parent corporations, subsidiaries, affiliates, related entities, officers, directors, shareholders, agents, attorneys, employees, successors, or assigns, arising from or related to your employment and/or the termination of your employment. These claims include, but are not limited to, any and all claims, causes of action, suits, claims for attorneys’ fees, damages or demands; all claims of discrimination, on any basis, including, without limitation, claims of race, sex, age, ancestry, national origin, religion, and/or disability discrimination; any and all claims arising under federal, state and/or local statutory, or common law, such as, but not limited to, Title VII of the Civil Rights Act as amended, including the amendments to the Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, Ohio’s laws against discrimination; any and all claims arising under any other state and/or local anti-discrimination statute and the law of contract and tort; and any and all claims, demands and causes of action including, but not limited to, claims of breach of public policy, unjust discharge or breach of contract. You further waive, release, and promise never to assert any such claims, even if you presently believe that you have no such claims.
Id. at 402–03. Following the reasoning of Rupert and acknowledging the inapplicability of
Wastak, the Bogacz court remarked that “[t]he first sentence of [the waiver provision] reads very
broadly and extends to any claims that ‘you have or might have against the Company . . . arising
from or related to your employment and/or the termination of your employment.’” Id. at 411. It
noted that [t]he Release obviously related to the termination of plaintiff’s employment. This first
sentence taken together with the later clause proposing to bar ‘any and all claims arising under
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federal, state and/or local statutory, or common law, such as . . . . the Age discrimination in
Employment Act of 1967, [and] the Older Workers Benefit Protection Act’ could cause
confusion about whether an enforceability action was barred.” Id. The court went on to
conclude that:
Since the only practical avenue available to plaintiffs when challenging the validity of a release as ineffective under the OWBPA is to file a lawsuit against the employer asserting age discrimination claims and in that context to assert their OWBPA compliance challenge, the bringing of any claims under the ADEA, as amended by the OWBPA, could reasonably have been understood to be intertwined with a challenge to the validity of a waiver. It would be reasonable to conclude that the Release barred a challenge to the effectiveness of plaintiff's Release. Under those circumstances, the Release is written in a manner calculated to be understood by the individual employee as barring a challenge to the validity of the Release. As such, the Release is invalid and summary judgment cannot be granted in favor of defendants.
Id. (footnote omitted). Although the court acknowledged that the plaintiff in that case had
“acquired a belief that the release was invalid from an individual at the EEOC, determined to
sign the agreement despite this belief, and planned to sue defendants,” the court deemed that to
be of no moment since OWBPA “does [not] contain an exception to the eight statutory
requirements. A release must meet the minimum statutory requirements to be a valid waiver of
ADEA rights.” Id. at 408–09.
By contrast, the district court, in Ribble v. Kimberly-Clark Corp., No. Civ.A.09-643,
2012 WL 589252 (E.D. Wis. Feb. 22, 2012), found that a broad release, while using the word
“charges,” did not violate OWBPA’s prohibitions. The plaintiff in that matter argued that the
release language equated to an improper attempt to bar the filing of EEOC charges. Id. at *6.
The court remarked that “unlike the other information § 626(f)(1) requires the employer to
convey to the employee, there is no requirement that the ban against waivers of EEOC charges be
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set forth in the waiver agreement.” Id. at *7. It went on to note that “simply because the language could have been clearer [regarding the right to pursue a charge with the EEOC] does not mean that the language impermissibly prohibited a signing employee from later filing a charge with the EEOC. Indeed, many of the plaintiffs in this action both signed the waivers with the disputed language and still filed EEOC charges; over seventy-five percent of plaintiffs signed waivers and later filed EEOC charges.” Id. (emphasis in original). The court commented that “[t]his fact demonstrates that even many plaintiffs themselves did not believe the waiver prohibited them from filing a charge with the EEOC. It also undermines any argument plaintiffs may have that [defendant’s] waiver language was not written in such a manner calculated to be understood by the average individual eligible to participate.” Id. In fact, the waiver included the language, “the above release . . . excludes any other claim which cannot be released by private agreement”—“[n]othing in the regulations or controlling law requires a separation agreement to list, by name, each of the non-waivable claims.” Id. at *8.
In the present case, the Release language is not quite akin to Rupert and Bogacz. The releases in those cases contained both releases of claims and covenants not to sue.27 The Release at issue contained simply a release of claims. On the other hand, the language of the Release is distinguishable from Ribble’s release, which contained a specific statement that the above release excluded any other claim which could not be released by private agreement. The question
27 “A Covenant not to sue is a formal agreement or promise ‘in which a party having a right of action agrees not to assert that right in litigation.’“ Ricciardi v. Elec. Data Sys. Corp., No. 03–5285, 2007 WL 576323, at * 5 n.3 (E.D. Pa. Feb. 20, 2007) (quoting Black’s Law Dictionary 369 (7th ed.1999)). “Black’s Law Dictionary defines ‘release’ as ‘the act of giving up a right or claim to the person against whom it could have been enforced.’” Id. (quoting Black’s Law Dictionary 1202 (7th ed.1999)).
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therefore turns on whether the words “actions” and “charges” would mislead an employee into believing that he or she was waiving his/her rights to challenge the validity of the waiver or to file a charge with the EEOC.
Upon closer scrutiny, the Court does not find such language misleading for several reasons. First, while the term “charges” standing alone could potentially be read as meaning administrative charges, when taken in context of the phrase “actions, charges, causes of action, demands, damages, entitlements or claims for relief or remuneration of any kind,” it is easily understood, particularly by businesspeople in Plaintiffs’ positions, to constitute legal charges filed in a court of law. Second, the Release goes on to note that these “actions, charges, etc.” include “all matters in law, in equity, in contract, or in tort, or pursuant to statute, including [under the ADEA, Title VII, the ADA, ERISA and several state statutes], or any other federal, state, or local law or ordinance or the common law.” No mention is made of any prohibition on filing any administrative action, nor does the Release contain language similar to that found problematic in Bogacz barring claims under the Older Workers Benefit Protection Act—which is the logical means by which a plaintiff would bring a challenge to the validity of a Release. Third, the prohibited claims are those “arising out of, connected with, or related to, my employment and/or the termination of my employment and my R830 or R1500 Agent Agreement with Allstate, or my transition to independent contractor status.” The Release does not purport to bar claims challenging the validity of the Release itself. Fourth, unlike the language in Rupert, the Release at issue here does not contain an covenant not to sue, thereby eliminating the heightened “risk of misunderstanding” identified by the Rupert court. Finally, the proper standard of review for such language is whether the “average individual eligible to participate”
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would have misunderstood or been misled by the language. While this is an objective standard, the Court would be remiss to disregard the fact that all thirty Plaintiffs in this case filed an EEOC charge—eight of whom filed prior to signing the Release—and Allstate did not interfere with or retaliate against any such Plaintiffs.28
In sum, OWBPA contains no requirement that the ban against waivers of EEOC charges or challenges to the validity of the Release be expressly set forth in the waiver agreement. Ribble, 2012 WL 589252 at *7. The simple fact that the language of the Release at issue could have been made clearer by eliminating the single word “charges” does not render the entire Release misleading regarding the right to bring EEOC charges or claims challenging the validity of the Release. Overall, the Court finds that the average individual eligible to participate in this Release would not have been misled or misinformed as to the right to pursue these various causes of action. Therefore, the Court denies Plaintiffs Motion on this ground.
c. The Consideration Requirement OWBPA states that a release is valid only if “the individual waives rights or claims only in exchange for consideration in addition to anything of value to which the individual is already entitled.” 29 U.S.C. § 626(f)(1)(D). As defined by the corresponding regulations, “‘[c]onsideration in addition’ means anything of value in addition to that to which the individual is already entitled in the absence of a waiver.” 29 C.F.R. § 1625.22(d)(2). Plaintiffs now
28 Plaintiffs cite to evidence that they originally believed that the Release barred their EEOC claims. Moreover, they argue that some of the eight Plaintiffs that filed their charges prior to signing the Release did so out of a concern that they would not be able to do so after they had signed. Finally, they note that one Plaintiff actually withdrew her EEOC charge out of a belief that she was not permitted to bring it and then subsequently re-filed it. Ultimately, however, the fact remains that all thirty Plaintiffs filed an EEOC charge suggesting that the average individual subject to the Release was not misled by the language.
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contend that they did not receive the requisite consideration for several reasons. First, they assert that they were not at-will employees and, therefore were entitled to continued commissions and benefits without having to sign a release. Second, even if they were at-will employees, a reasonable factfinder could conclude that nothing received by those who signed the Release exceeded that to which they were already entitled. With some hesitation, the Court must disagree.29
(i) Whether Plaintiffs Were Entitled to Continued Employment and Employment Benefits
Plaintiffs first aver that Allstate breached their R830 and R1500 agreements when it involuntarily terminated them as part of the Program. They reason that the R830 and R1500 contracts allow only for termination for cause and after an employee agent has had the opportunity to cure the unsatisfactory work performance and have any involuntary termination reviewed by an Agent Review Board. Moreover, Plaintiffs argue that they provided extra consideration to Allstate—in the form of personal investments in the business, a preclusion on selling other insurance products, and covering office expenses—that was more valuable than anything offered through the Program and prevented them from being terminated at will.
This argument is mistaken on several points. First, the R830 and R1500, by their express terms, were at-will contracts. The R1500 Agreement contained the following termination provision:
Your employment and this Agreement will automatically terminate upon your death, retirement, loss or relinquishment of our insurance agent license, or failure to return
29 Plaintiffs do not move for summary judgment on this ground. Rather, they simply argue that Allstate has failed to prove that it provided adequate consideration, as it is required to do under OWBPA, and thus cannot succeed on its Motion for Summary Judgment.
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to work upon expiration of a leave of absence. In addition, your employment and this Agreement may be terminated at will by either party, subject only to such limitations and restrictions as may be imposed by law, and in accordance with Company rules and procedures. Termination shall be effective upon giving notice of termination orally or in writing, delivered personally or mailed to the last known address of the other. Upon termination, you agree not to act or represent yourself in any way as an employee, agent or representative of the Company, except as otherwise agreed to in writing by you and the Company.
(Heinz Decl., Ex. 11 (“R1500 Agreement”), at 3 ¶ 11 (emphasis added).) The R1500 contract
does not require any review procedures upon termination.30 The R830 Agreement stated as
follows:
This agreement will automatically terminate upon your death. Either you or Allstate have the right to terminate this agreement upon mailing to the other, at his or its last known address, written notice of termination. After such termination you agree not to act or represent yourself in any way as our agent. The Company will not terminate your employment because of unsatisfactory work unless you have been notified that your work is unsatisfactory and that your job is in jeopardy and unless you have been given a reasonable opportunity to bring your performance up to satisfactory standards. . . . In no event shall an employee be released for any reason without the following review and approval procedure having been adhered to . . .
(Heinz Decl., Ex. 10 (“R830 Agreement”), at Part Four ¶ XI (emphasis added).)
Undisputedly, employees who signed the R830 contract had the right to have any
involuntary termination reviewed by the Agent Review Board. Notably, however, courts have
repeatedly interpreted this contract to provide only for at-will employment. Hudson v. Allstate
Ins. Co., 93 F.3d 296, 300 (7th Cir. 1996) (interpreting Allstate’s R830 contract to conclude that
30 Plaintiffs reference the R1500 Manual which states that Allstate “will not terminate the agent’s employment because of unsatisfactory work unless the agent has been notified that his/her work is unsatisfactory and that his/her job is in jeopardy and unless he/she has been given a reasonable opportunity to bring his or her performance up to satisfactory standards.” (Meehan Decl., Ex. 56 (“R1500 Manual”), at PCO7857.) Notably, however, none of the Plaintiffs here were terminated because of unsatisfactory work. Rather, they were terminated under a group termination program.
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“[w]e find nothing in the contract that limits Allstate’s underlying right to terminate for any reason at all except the unsatisfactory performance ground listed at the beginning of Section XI. The fact that the agreement goes out of its way to specify that notice is not required if the basis of termination is a criminal or dishonest act (as opposed to any myriad of other reasons that do not amount to ‘unsatisfactory work,’ but are neither criminal nor dishonest) cannot be transformed into a general rule requiring Allstate to demonstrate that its reason for termination qualified as ‘good cause’ in all cases”); Gonzalez v. Allstate Ins. Co., No. 87-6101, 862 F.2d 877 (11th Cir. November 7, 1988) (unpublished order) (same); Stack v. Allstate Ins. Co., 606 F. Supp. 472, 477 (S.D. Ind. 1985) (finding that R830 contract was at-will contract); Almada v. Allstate Ins. Co., 153 F. Supp. 2d 1108, 1113 (D. Ariz. 2000) (holding that R830 was at-will contract terminable for any reason), aff’d, 285 F.3d 798 (9th Cir. 2002).31
More importantly, even if the R830 and R1500 contracts were not at-will contracts, that fact would not lend support to Plaintiffs’ consideration argument. Had the Program and Release purported to offer Plaintiffs a return to their R830 and R1500 contracts in exchange for signing the Release, Plaintiffs’ claims may have held more weight. The Program and Release, however, did not offer such an option. Rather, the Program offered Plaintiffs continued employment under an R3001 contract (among other options) in exchange for signing the Release. Plaintiffs’ contention that the termination of R830 and R1500 contracts was unlawful because Allstate did
31 Plaintiffs rely on the Illinois Appellate Court case of Linker v. Allstate Ins. Co., 794 N.E.2d 945 (Ill. App. Ct. 2003), which construed the language of the R830 contract that provided for internal review and found that the contract was not at will. Id. at 953–57. By its own admission, however, Linker stood against the weight of authority at the time it was decided. Id. at 954. The Court notes only one other case that has reached a similar conclusion—Morales v. Allstate Insurance Co., No. Civ.A.95-02308, 1995 WL 616654 (N.D. Cal. Oct.13, 1995).
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not comply with certain notification and review procedures does not bear on whether adequate
consideration was given in return for the Release. Rather, it gives rise to a separate breach of
contract claim regarding whether Allstate complied with its obligation under the R830 or R1500
contracts prior to the termination.32
32 Plaintiffs’ claim that they provided extra consideration to Allstate, precluding them from being terminated at will is mistaken. The cases cited by Plaintiff in support deal with a plaintiff’s efforts to rebut the legal presumption that, absent an express contract setting forth the length of employment, employment is deemed to be terminable at will—not with the situation, as in this case, where there is a contract that expressly states that employment is terminable at any time. See Bravaman v. Bassett Furniture Indus., Inc., 552 F.2d 90, 92–93 (3d Cir. 1977) (holding that furniture manufacturers’ sales representative, in breach of contract action, adduced evidence sufficient to support jury finding either that all parties understood that employment contract was not terminable at will or that there was no express understanding, but that representative gave manufacturers such additional consideration as made duration of employment agreement a reasonable period of time); McNulty v. Borden, Inc., 474 F. Supp. 1111, 1119 (E.D. Pa. 1979) (“Under Pennsylvania law an employment contract which contains no specific provision respecting duration or termination is presumed to be terminable at will by either party for any or no reason, unless the party asserting a contrary construction can offer evidence to rebut the presumption. The plaintiff may overcome this presumption by showing the intent of the parties that the contract last for some definite period of time or for a reasonable time, or by showing that the plaintiff-employee gave the defendant-employer consideration in addition to the employee’s normal services, such as sacrificing other employment opportunities.”); Littell v. Evening Star Newspaper Co., 120 F.2d 36, 36–37 (D.C. Cir. 1941) (“The rule is that unless the parties reveal an intent to enter into a contract for permanent employment, it will be regarded as terminable. Where the intent is not clearly revealed by the express terms of the agreement, the courts will look to evidence of surrounding circumstances to determine what was in the minds of the contracting parties. Thus, when one who enters into a contract of employment, promises not only that he will give his services but also additional consideration—as, for example, by making an investment in the business, by resigning from government service, by giving up his own business, or by relinquishing an acknowledged right to recover for injury which he has suffered—such facts may be sufficient, in each case, to show the intent of the parties to enter into a contract for permanent employment.”).
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(ii) Whether Allstate Provided Plaintiffs With Any Consideration in Addition to That to Which They Were Already Entitled
Even assuming that they were not entitled to continued employment and benefits,
Plaintiffs argue that the Release still fails for lack of consideration because Allstate did not give
Plaintiffs anything of value beyond that to which they were otherwise entitled in exchange for
signing the Release. Allstate, on the other hand, asserts that it offered the following to signing
employee agents:
• EA Option: Seventeen Plaintiffs elected the EA Option and received a conversion bonus of at least $5,000, and a new, transferable economic interest in the books of business employee agents had produced and serviced as R830 and R1500 agents. Under the Program, after two years, the agent could then sell that economic interest to an Allstate-approved buyer and retain the sale proceeds. Allstate also forgave any outstanding OEA advance that the agent owed Allstate. . . .
• Sale Option: Twelve Plaintiffs elected the Sale Option and received a conversion bonus of at least $5,000, and a new, transferable economic interest in the books of business employee agents had produced and serviced as R830 and R1500 agents after serving as an EA for only thirty days. The economic interest then became immediately transferable to an Allstate-approved buyer, with the agent retaining the sale proceeds. Allstate also forgave any outstanding OEA advance that the agent owed Allstate. . . .
• Enhanced Severance Option: Two Plaintiffs . . . chose the Enhanced Severance Option and received enhanced severance payments of $44,462 and $68,314 respectively. . . . Allstate also forgave any outstanding OEA advance that the agent owed Allstate. . . . Had they not entered into the Release, they would have received $9,798.86 and $11,823.68 in base severance payments. . . .
(Allstate’s Mem. Supp. Summ. J. 17–18.) Plaintiffs dispute that any of these items suffice as
consideration for the Release.
First, Plaintiffs challenge Allstate’s assertion that employee agents subject to the
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Program were given the option of entering the EA Program in return for signing the Release. Plaintiffs contend that the ability to enter the EA Program was not any special consideration33 because (a) employee agents had the ability to voluntarily convert to the R3001 contract without signing a release since the time it was introduced at Allstate; (b) Allstate had encouraged Plaintiffs and other employee agents to convert without a release for years; and (c) as of mid1998, Allstate eliminated the substantive production and performance requirements to convert and did not reject any employee agents’ request for conversion. According to Plaintiffs, Allstate simply took away employee agents’ ability to convert without signing a release, then purported to offer it back as “consideration.” Such a promise of continued employment at Allstate was illusory because they were at-will employees under the R3001, meaning they could be fired at any time after signing the Release.
Allstate responds that the test is not whether Plaintiffs may have received greater consideration by converting to the EA Program at an earlier time, but whether, at the time of termination, they were entitled to conversion without signing the Release. In support they rely on the case of Davis v. Eastman Kodak Co., No. Civ.A.04-6098, 2007 WL 952042 (S.D.N.Y. Mar. 29, 2007), wherein the court held that it was within the employer’s discretion to modify the termination assistance plan to require a release before dispensing severance benefits, even though
33 The Court gives little credence to Plaintiffs’ reliance on the Rule 30(b)(6) testimony of Barry Hutton. Plaintiffs contend that Hutton admitted that the ability to convert to the EA Program was not “any special consideration.” This is a mischaracterization of his testimony. Mr. Hutton was asked why Allstate did not require a release in 1998 when it eliminated the production requirement as part of the application to convert. In response, he stated that Allstate was not then providing “any special consideration.” (Heinz Decl., Ex. 181 (“Rule 30(b)(6) Deposition Testimony of Barry Hutton, Jan. 20, 2003”), 382:5–18.) Mr. Hutton was not, at that time, discussing the terms of the Program or Release now at issue.
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it had previously given those benefits without requiring a release. Id. at *10. The court reasoned
that, “[s]imply put, at the time of their separation from Kodak, plaintiffs were no longer entitled
to the severance benefits that were in effect at the time they were hired and the fact that during
their employment [defendant] implemented a release requirement does not establish that they
received inadequate consideration for that release.” Id.
In the present case, the record reveals that up until the time of the Program
announcement, employee agents had the right to convert to the EA Program without signing a Release.34 In November 1999, however, via a move concurrent with the announcement of the
Program, Allstate declined to allow any additional conversions without execution of a Release,
meaning that Allstate took something away from the employee agents only to immediately offer
it back so long as a release was executed. At first blush, this action appears to be expressly
prohibited under 29 C.F.R. § 1625.22(d)(3), which states that “[i]f a benefit or other thing of
value was eliminated in contravention of law or contract, express or implied, the subsequent offer
of such benefit or thing of value in connection with a waiver will not constitute ‘consideration’
for purposes of 7(f)(1)(A) of the ADEA.” 29 C.F.R. § 1625.22(d)(3). On closer inspection,
however, the record is devoid of evidence demonstrating that the right to convert to the EA
34 Allstate makes much of the fact that during their employment, employee agents could apply to convert to the EA Program, but Allstate reserved sole discretion to approve or deny such an application. This “application” process, however, appears to be nothing more than a mere formality. As of June 1998, Allstate eliminated minimum production levels as one of the requirements for conversion, and simply required employee agents to have an acceptable updated business plan, to pay back any OEA or OEF advances, to be current on any outstanding amounts owed to outside service providers, and to complete the seven-step conversion process outlined in the EA Conversion Guide. (Meehan Decl., Ex. 117 (“Field Communication Package, March 26–27, 1998”), at ARI 187891.) These were largely perfunctory requirements. Although final approval was at Allstate’s sole discretion, it is undisputed that Allstate approved almost all conversions and that it actually engaged in a campaign to encourage employee agents to convert.
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contract—while perhaps available and encouraged by Allstate—was inherent in any contract or legal provision, or that its elimination violated any law or contract. Indeed, as in Davis, at the time the Release requirement was put into place, Plaintiffs no longer had any right to convert to the EA contract. While the Court finds such tactics morally suspect, the promise of guaranteed conversion—in turn resulting in continued employment with Allstate—constituted adequate consideration.
Second, Plaintiffs ask this Court to reject Allstate’s claims that Plaintiffs who converted to the R3001 contract under the first or second options of the Program received, as consideration for signing the Release, a “new, transferable economic interest in the books of business employee agents had produced and serviced as R830 and R1500 agents.” (Allstate Mem. Supp. Summ. J. 17.) Plaintiffs contend that this contention fails for three reasons. Initially, they claim that all exclusive agents, including those who converted from the employee agents prior to the Program, received the “economic interest” described in the R3001 contract and EA manual. Moreover, to the extent that Allstate claims that it shortened the waiting period from five to two years for converting agents to sell the economic interest in the portion of their books of business, Plaintiffs assert that this reduction in the waiting period was adopted by November 1, 1999 and applied to all R3001 exclusive agents who had converted to the R3001 contract, even those who converted prior to the Program. Finally, they claim that Allstate itself paid nothing in connection with Plaintiffs’ sales of their agencies and, in fact, retained discretion to approve a buyer, meaning that the proceeds realized by those Plaintiffs who converted as part of the Program and then sold their books of business could not serve as consideration.
The Court finds partial merit to both parties’ positions. To the extent that any employee
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agents elected the first option, the Court agrees with Plaintiffs. As noted above, both the R830 and R1500 Agreements provided that employee agents had no vested interested in any business produced under the terms of those agreements. For those R830 or R1500 agents who converted to the EA Program, prior to November 1999, the economic interest in the book of business serviced while an employee agent became transferable after five years, subject to Allstate’s approval. As of November 1, 1999, however, Allstate shortened the transferability waiting period for all R3001 agents, including those who converted prior to the Program without signing the Release and those who converted in connection with the Program with the Release-signing requirement. (Meehan Decl., Ex. 331 (“Exclusive Agency Independent Contractor Manual”), at ARI 54903, ARI 154905.) Those who executed the Release did not have any special vested interest beyond the typical R3001 employee. Accordingly, the Court finds that the shortened waiting period was not given in consideration for signing the Release, but rather was attendant to the ability to become an Exclusive Agent.35
To the extent an employee agent elected the second option—the sale option—the Court finds that the inheritance of an economic interest in the book of business did indeed provide consideration. In exchange for signing the Release, Option Two individuals would convert to the EA contract and, after only thirty days, could immediately transfer that book of business to an
35 The parties debate whether, prior to the Program, employee agents could realize the value of their economic interest in their agency immediately upon conversion. As Allstate observes, however, this “immediate interest” was gained pursuant to scheme devised by an outside lawyer to avoid the contractual provisions of the EA contract (the “Gracie Scheme”). Merely because Plaintiffs had discovered a way to skirt the time provisions on sales of agencies and simply because Allstate may have acquiesced in some of these transactions does not mean that employee agents ever had a “right” to an immediate interest in their agency upon conversion to an EA contract. Indeed, Allstate could have contractually put a stop to this practice.
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Allstate-approved buyer, with the agent retaining the sale proceeds. This option was not available to any EA agent who converted prior to the Program and was clearly not available unless a Release was signed. As such, it constituted a benefit greater than that to which those agents were already entitled.36 Undoubtedly, Plaintiffs who elected option two under the Program received something of value.
Third, Plaintiffs challenge Allstate’s contention that, under the first and second Program options37 requiring a release, the employee agents were given a conversion bonus of at least $5,000 and forgiveness of OEA advances. Plaintiffs, however, argue that these items cannot constitute consideration on several grounds. Primarily, they argue that Allstate represented to agents that this bonus was being paid to help agents transition to independent contractor status, not as consideration for the Release. Moreover, they claim that the conversion bonus under the first two options combined with the OEA forgiveness was, for many Plaintiffs, less than what they could have received in base severance if they did not sign the Release.
Plaintiffs engage in an incorrect analysis on this point. The relevant comparison is not what an employee agent would have received under either the conversion option or sale option versus the base severance option. The comparison is what the employee agent would have
36 The Court finds little merit in Plaintiffs’ argument that the right to sell the agencies could not constitute consideration because it did not involve any transfer of funds to or from Allstate. Under the R830/R1500 contracts, Allstate was entitled to the proceeds of any book of business, not the employee agent. Under the standard EA contract, Allstate was entitled to delay any sale of a book of business. In both scenarios, Allstate surrendered something. Moreover, consideration focuses not on what the demanding party gives up, but rather what the signing party gains.
37 Notably, Plaintiffs appear to concede that the third Program option—the enhanced severance option—was supported by adequate consideration.
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received under either the conversion option or sale option versus a complete refusal to participate
in the Program at all. Under the former comparison, an employee agent may have potentially
received more liquid cash under the base severance option and would have been able to avoid
signing the Release, but would have made the choice to forego any possibility of continuing
employment with Allstate and realizing an economic interest in his or her book of business, and
would have undertaken additional non-compete restrictions. Under the latter comparison—the
relevant comparison for purposes of the consideration analysis—an R830/R1500 employee agent
choosing to not participate in the Program and retain his/her rights under the Release would have received nothing.38 The record is clear that, upon termination of the R830 or R1500 Agreements
pursuant to a group reorganization program—as opposed to for poor performance or for some
other reduction in force—Plaintiffs were not otherwise entitled to any benefits under their
specific contracts or under any existing Allstate severance plan. While Plaintiff asserts that there
are genuine issues of fact as to whether these pre-existing severance plans could be construed to entitle Plaintiffs to benefits under them,39 the Court finds that the plain language of those plans belies such an assertion.40 In short, the conversion bonus and OEA forgiveness, in conjunction
38 It is undisputed that an EA agent who converted prior to the Program was not entitled to a conversion bonus.
39 The cases cited by Plaintiffs, unlike the present case, involved genuine disputes of material fact as to whether the terminated employees were entitled to severance pay independent of the release plan. See Commonwealth of Mass. v. Bull HN Info. Sys., Inc., 143 F. Supp. 2d 134, 150 (D. Mass. 2001); Gorman v. Earmark, Inc., 968 F. Supp. 58, 62–63 (D. Conn. 1997); Berner v. Tesseract Corp., No. Civ.A.94-1717, 1994 WL 559138, at *4 (N.D. Ill. Oct. 7, 1994).
40 As noted later on this Memorandum, the Court does take issue with Allstate’s decision to characterize the Program as a “group reorganization,” thereby depriving employee agents of benefits under the Allstate Severance Plan. The Court’s skepticism about Allstate’s motives and the effect of Allstate’s structuring of the Program on the voluntariness of the Release, however,
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with the other portions of the first and second options, provided something more than the
benefits to which terminated R830 and R1500 agents were entitled had they completely opted out
of the Program and the Release.41
(iii) Conclusion as to Consideration
While many of Plaintiffs’ consideration arguments raise valid concerns about the
structuring of the Program, the Court finds that Allstate nonetheless provided adequate
consideration for the Release. “[C]onsideration is relatively easy to show. As long as the person
receives something of value in exchange for her own promise or detriment, the courts will not
inquire into the adequacy of the consideration.” Wagner v. NutraSweet Col., 95 F.3d 527, 532
(7th Cir. 1996). Allstate’s offer of transition to Exclusive Agency, as well as its provision of
conversion bonuses and OEA waivers, however minimal, constituted something more than what
Plaintiffs were entitled to without signature of the Release and participation in the Program.42
does not cast doubt on the legality of Allstate’s characterization of the Program as a “group reorganization.”
41 Plaintiffs contend that they were entitled to various benefits upon termination without having to sign a Release, as provided for in their R830 and R1500 contracts. Plaintiffs, however, have produced no evidence that they did not receive their final contract payments. Moreover, Allstate has provided the Declaration of Scott Proctor establishing that Allstate paid each Plaintiff for their last month of compensation. (Decl. of Scott Proctor.) Although Plaintiffs attempted to contradict that Declaration via separately-filed Objections, the Court rejected Plaintiffs’ arguments.
42 Indeed, the EEOC reaches the same conclusion in its Motion for Summary Judgment in connection with its case against Allstate. Specifically, it states that, “It is true that under [the Program] employee agents who signed the release received some benefits to which they were not otherwise entitled: (1) an absolute guarantee to convert to the R3001 contract; (2) receive a conversion bonus of at least $5,000; and (3) be forgiven OEA debt to Allstate.” (EEOC Mem. Supp. Mot. Summ. J., No. Civ.A.01-7042, at 14.) While it goes on to argue that these benefits paled in comparison to what Allstate threatened to take, the Court cannot disregard that some consideration was given.
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Therefore, although the Court struggles considerably with this factor, we ultimately find no genuine issue of material fact as to whether adequate consideration supported the Release at issue.
d. Conclusion as to the OWBPA Requirements The statutory dictates of OWBPA, as explicitly interpreted by the United States Supreme Court, require that a release that purports to waive ADEA claims meet all eight of the statutorilyenumerated requirements. Allstate has satisfied its burden of affirmatively demonstrating that the Release at issue meets all eight of these requirements. As Plaintiffs have failed to create any contrary issue of material fact, the Court denies Plaintiffs’ Motion for Summary Judgment on this ground.
2. Whether the Release Was Knowingly and Voluntarily Executed Under the Totality of the Circumstances
Having determined that the Release satisfies the OWBPA provisions, the Court turns to Plaintiffs’ next claim that Allstate cannot show that the Release was executed knowingly and voluntarily. The Court finds that a genuine issue of material fact exists on this point.
An employee may validly waive claims of discrimination against an employer if the waiver is made knowingly and willfully. Coventry v. U.S. Steel Corp., 856 F.2d 514, 521–22 (3d Cir. 1988) (citing Alexander v. Gardner–Denver Co., 415 U.S. 36, 52 (1974)); Potoski v. Wilkes Univ., No. Civ.A.06-2057, 2010 WL 3811973, at *13 (M.D. Pa. Sept. 22, 2010). In determining the validity of a waiver, courts consider general principles of contract construction; however, “[i]n light of the strong policy concerns to eradicate discrimination in employment, a review of the totality of the circumstances, considerate of the particular individual who has executed the
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release, is also necessary.” Coventry, 856 F.2d at 522–23. This totality of the circumstances inquiry is made considering the following factors:
(1) the clarity and specificity of the release language; (2) the plaintiff’s education and business experience; (3) the amount of time the plaintiff had for deliberation about the release before signing it; (4) whether plaintiff knew or should have known his rights upon execution of the release; (5) whether plaintiff was encouraged to seek, or in fact received benefit of counsel; (6) whether there was an opportunity for negotiation of the terms of the agreement; and (7) whether the consideration given in exchange for the waiver and accepted by the employee exceeds the benefits to which the employee was already entitled by contract or law. Cirillo v. Arco Chem. Co., 862 F.2d 448, 451 (3d Cir. 1988) (citing Coventry, 856 F.2d at 523), superseded by statute as stated in Long v. Sears Roebuck & Co., 105 F.3d 1529, 1539 (3d Cir. 1997) (holding that the Older Workers Benefit Protection Act supersedes Cirillo with respect to the Age Discrimination in Employment Act of 1967). “This list, however, is intended to be illustrative rather than exhaustive.” Caban Hernandez v. Philip Morris USA, Inc., 486 F.3d 1, 8 (1st Cir. 2007). The court “may also consider ‘whether there is evidence of fraud or undue influence, or whether enforcement of the agreement would be against the public interest.’” Cuchara v. Gai-Tronics Corp., 129 F. App’x 728, 731 (3d Cir. 2005) (quoting W.B. v. Matula, 67 F.3d 484, 497 (3d Cir. 1995)). These considerations are in addition to OWBPA’s requirements for “knowing and voluntary” waiver of ADEA claims. See Long v. Sears Roebuck and Co., 105 F.3d 1529, 1539 (3d Cir. 1997) (holding that OWBPA was enacted to “establish[] a floor, not a ceiling”) (quotations omitted); see also Bennett v. Coors Brewing Co., 189 F.3d 1221, 1228 (10th Cir. 1999) (holding that the statutory factors of the OWBPA are not exclusive and other circumstances, in addition to the express statutory requirements, may impact whether a waiver under the OWBPA is knowing and voluntary); 29 C.F.R. § 1625.22(3) (2010) (noting that
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in addition to the minimum requirements set out by the OWBPA, “other facts and circumstances
may bear on the question of whether the waiver is knowing and voluntary.”). Notably, “as the
issue of the release is an affirmative defense, the burden of proving that it was knowingly
accepted is on [the party seeking to enforce it.]” Jakimas v. Hoffman-La Roche, Inc., 485 F.3d
770, 782 (3d Cir. 2007).
Plaintiffs allege that the Release was not signed either knowingly or voluntarily.
Accordingly, they assert that, under the totality of the circumstances test, the Release does not bar
any of their federal claims. The Court takes each of Plaintiffs’ challenges separately.
a. Whether the Release Was Voluntarily Signed
Plaintiffs first contend that the voluntariness of the Release is in question because (1) the
Release was not the product of any negotiation and they were placed in a “take it or leave it”
predicament; (2) Allstate gave Plaintiffs’ the ultimate “Hobson’s choice”—either sign the
Release or lose your livelihood; (3) Allstate’s wrongful acts and threats left Plaintiffs with no
reasonable alternative but to sign the Release. As a result, they request that the Court invalidate
the Release under the totality of the circumstances test.43
43 Allstate’s response to this portion of Plaintiffs’ argument consists almost entirely of an argument about why state law contract defenses of duress and fraud fail. As Plaintiffs note—and as this Court clearly recognizes—Plaintiffs are not moving for summary judgment based on allegations of fraud or duress. Rather, Plaintiffs seek to invalidate the Release under a federal totality of the circumstances standard. Thus, to the extent Allstate relies on state law defenses to a duress theory—i.e., alternative legal remedy and ability to consult an attorney—in an effort to defeat Plaintiffs’ claim as a mater of law, the Court disregards these arguments. See Long, 105 F.3d at 1539 (“We are convinced that in enacting the OWBPA, Congress intended to occupy he area of ADEA releases and, in doing so, to supplant the common law.”); O’Hare v. Global Natural Res., Inc., 898 F.2d 1015, 1017 (5th Cir. 1990) (rejecting use of state law regarding duress and holding that a determination of whether a waiver of federal rights is knowing and voluntary should be determined under a federal common law totality of the circumstances test “because of the policies embedded in the federal statute should not be frustrated by state law.”).
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This issue gives the Court substantial pause. On one hand, a review of six of the seven factors enumerated by the Third Circuit weighs heavily in favor of Allstate’s position. First, as discussed in detail above, the Court finds that the language of the Release is both clear and specific as to precisely what the Plaintiffs were waiving upon executing the document. Second, as again set forth above, the Plaintiffs are not individuals of below average intelligence. Indeed, many of them had attended at least some college and several had advanced degrees. Moreover, all of them had extensive business experience running insurance agencies and selling complex insurance policies. Third, it is an undisputed fact that Plaintiffs had substantial time for deliberation about the Release before signing it. They were notified about the Program and the Release in November 1999, but had until June 30, 2000 to make a decision about which Program option they would select and whether or not they would sign the Release. Fourth, Plaintiffs clearly knew of their rights upon execution of the Release, as the Informational Notice provided with the Release expressly stated that “[i]f you sign the Release, you will be waiving your rights to any claims or potential claims arising out of your employment, termination of employment or transition to independent contractor status which have been, or could be filed against Allstate, or its affiliates pursuant to any local, state or federal law.”44 (Heinz Decl., Ex. 62 (“Informational Notice”).) Moreover, all of the Plaintiffs at some point filed charges with the EEOC. Fifth, there is no dispute of fact that Allstate explicitly advised the Plaintiffs to consult with an attorney before electing one of the options available and releasing and waiving any legal claims. A majority of the Plaintiffs heeded this advice and actually consulted with a private attorney and/or
44 To the extent that Plaintiffs allege that certain misrepresentations by Allstate deprived them of the ability to fully understand their rights, the Court addresses this below when deciding whether the Release was “knowingly” signed.
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attorneys at the EEOC prior to selecting an option under the Program and entering into the Release. Sixth and finally, as discussed at length above, the consideration given in exchange for the waiver and accepted by the Plaintiffs exceeds the benefits to which Plaintiffs were already entitled by contract or law.
While, at first blush, these six factors, considered collectively, seem to suggest that the Release was signed voluntarily, limiting the analysis to such factors results in a myopic view of what may have actually occurred in this case. Initially, it is notable that the remaining enumerated factor in the totality of the circumstances test—opportunity for negotiation—weighs in Plaintiffs’ favor. Defendants do not contest the fact that there was no opportunity for negotiation of the terms of the Release. The Release was drafted by Allstate and Allstate made clear that it would not accept any signed Releases that were marked up in any way, either with language crossed out or additional terms or notes added to the Release by hand. Indeed, Plaintiffs Romero, Kelly, T. Kearney, and Wiktor submitted Releases to their managers with modifications and Allstate declined to accept them. Thus, despite the fact that Plaintiffs had the “opportunity” to consult with counsel, any advice by counsel as to the Release was rendered meaningless by Plaintiffs’ inability to negotiate any of the Release’s terms.
Moreover, and perhaps more importantly, the Court finds that Plaintiffs faced a proverbial “Hobson’s choice”45 as to whether to sign the Release. This factor, while not specifically set forth as part of the “totality of the circumstances” test, has been, in some cases, a critical consideration in the voluntariness analysis. In Coventry v. U.S. Steel Corporation, 856
45 The Oxford English Dictionary defines a “Hobson’s choice” as the appearance of choice when none in fact exists. 2 Oxford English Dictionary 369 (4th ed. 1978).
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F.2d 514 (3d Cir. 1988), the Third Circuit was confronted with a plaintiff who had worked for more than thirty-five years for the defendant and, in July 1982, was laid off during a reduction in force due to a major cutback of operations. Id. at 515–16. Shortly thereafter, he filed a charge with the Equal Employment Opportunity Commission in which he alleged that he had been selected for lay-off because of his age, and that the defendant had retained a number of younger employees to do jobs that he had performed or was qualified to perform. Id. at 516. In October 1982, the plaintiff was advised that the defendant was permanently terminating his employment, but, in light of his service, he would qualify for the “70/80” mutual agreement pension benefit—which entitled an employee to benefits based on a combination of years and age of service—if he would execute a form entitled “Application and Release for 70/80 Retirement Under Mutually Satisfactory Conditions,” which was commonly referred to as the “PF–116–B.” Id. The PF–116–B contained a release of all claims that an employee had against the defendant pursuant to the ADEA, Title VII, or other state or federal laws and a waiver of any such claims that might in the future be determined to exist. Id. During a subsequent meeting with his employer, the plaintiff was advised that he qualified for the 70/80 mutual option pension, but that he could not elect that option without executing the PF–116–B release. Id. Although the plaintiff expressed his desire to become eligible for the pension option, he refused to sign the PF–116–B. Id. Following additional meetings, Plaintiff eventually signed the election form for the 70/80 pension and, later, signed the PF-116-B release, but amended his EEOC charge to challenge the release. Id. The defendant refused to pay the pension because the plaintiff had failed to withdraw his age discrimination complaint. Id. at 517.
On review, the Third Circuit deemed the release invalid under a totality of the
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circumstances test. It reasoned as follows:
We note first in that regard that the decision with which [plaintiff] was presented in his meetings with [defendant] appears to have been little more than a “Hobson’s choice.” [Plaintiff] testified that he was advised by [defendant] that his only options were accepting the mutual option pension benefits, and foregoing his claims, or being placed on automatic lay-off and losing his income and hospitalization benefits immediately. . . . Moreover, in light of USS’s policy of denying severance benefits to persons who were “otherwise eligible” for a pension plan, [plaintiff] could not opt to have his employment terminated completely and take severance benefits. “[Plaintiff’s] choice,” therefore, after thirty-five years of service, was between a lay-off of uncertain duration, that would bring the certain cessation of his income, and an early retirement plan that would make pension benefits available to him only if he agreed to forego his rights under the ADEA. These circumstances illustrate that [plaintiff’s] decision to sign the release was not the result of negotiation between him and his employer and, further, that [plaintiff] was placed in precisely the “take it or leave it” predicament that supports a finding that his decision was not knowingly and willfully made.
Id. at 524 (footnotes omitted). The court also found significant the lack of any indication that the
plaintiff was encouraged by the defendant to consult an attorney prior to the execution of the
release, or that the plaintiff did in fact consult with an attorney. Id. The court remarked that
“[w]e view this omission as particularly salient to this case in light of the fact that the release that
[the plaintiff] signed was determined to be per se violative of the ADEA in a separate
proceeding. Id. at 524–25. “On this record, the absence of assistance by an attorney makes the
certainty that Hallas had that meaningful comprehension too doubtful for us to conclude that his
waiver was knowingly executed.” Id. Ultimately, the Third Circuit concluded that, “the record
contains significant indicia that [the plaintiff’s] decision to execute the waiver did not result from
a volitional choice between real options, and that, for him, the absence of counsel resulted in a
decision the legal significance of which he did not understand completely.” Id. at 525.
Likewise, in Torrez v. Public Service Company of New Mexico, 908 F.2d 687, 690 (10th
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Cir. 1990), the plaintiff had been employed by the defendant for eight years and eleven months before he was notified that his position was being impacted as part of a downsizing of the company’s workforce. Id. at 688. The notification letter also informed him that he had until April 30, 1986, to select early retirement, voluntary separation, or involuntary separation. Id. Because he had been employed by defendant for less than nine and one-half years, he did not qualify for early retirement. Id. His election therefore was limited to either voluntary or involuntary separation. Both of these packages provided for full salary until July 31, 1986, plus one week of salary for each year of service, career counseling, and health, life, and dental insurance coverage until November 30, 1986. Id. The primary difference between the two packages was that the voluntary package also provided for vesting of retirement benefits for an employee with five years of service. Id. The plaintiff chose the voluntary separation package to obtain the additional retirement benefits and, at that time, he signed a release which provided that he waived all claims against defendant as a result of the termination.
“In assessing the totality of the circumstances in this case,” the Tenth Circuit concluded that “there are material issues of fact precluding summary judgment. The language of the release, although clear and unambiguous, failed to mention specifically waiver of employment discrimination claims.” Id. at 690. “Moreover, [the plaintiff] neither consulted with an attorney nor received encouragement from defendant to do so before he signed the release.” Id. Additionally, plaintiff “did not have the opportunity to negotiate the terms of the release, which was a standard form.” Id. Finally, “[w]hen [the plaintiff] chose the voluntary separation package, he was required to sign the release. The choice between the two separation packages was a ‘Hobson’s choice,’ . . . because [the plaintiff] had to opt between a nearly-certain layoff
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with no retirement benefits or obtaining the future retirement benefits available only if he signed the release.”46 Id.
While not precisely equivalent, the undisputed facts of record in this case present a similar scenario. Specifically, Allstate surely knew that many of the R830 and R1500 agents, including Plaintiffs, had spent their lives building Allstate and had invested substantial sums of their own money and resources into their agencies based on promises of financial and job security. Indeed, the Allstate compensation structure required up-front financial and time investments, which Plaintiffs expected to yield substantial returns in the form of renewal commissions and significant retirement benefits. As such, Plaintiffs were heavily reliant on their continuation of employment or ability to obtain some financial remuneration for their years of efforts and investments. Yet, Allstate purposefully structured the Program so that the only way Plaintiffs could either continue as Allstate agents—albeit under the Exclusive Agency program, which resulted in a substantial loss of benefits and pension options—or salvage some of their agency investments—by converting, selling their books, or taking half a year’s pay in severance—was by signing the Release. For those who did not sign the Release, Allstate offered nothing more than a base severance option (thirteen weeks’ pay, payable over six weeks) that made agents worse off than if they had been terminated for poor performance under Allstate’s Service Allowance Plan (thirteen weeks’ pay, payable in one lump sum). Moreover, even though the Program effectively terminated agents’ employment with Allstate in a manner similar to a reduction in force, Allstate labeled the Program a “group reorganization.” By doing so, it
46 Plaintiffs also cite to Massi v. Blue Cross & Blue Shield Mutual of Ohio, 765 F. Supp. 904 (N.D. Oh. 1991). That case, however, involved an allegation of duress under state, which is not at issue here.
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invoked the exception of the Allstate Severance Payment Plan—an exception that was included
in an amended version of the Plan only two days prior to the Program’s announcement—that
precluded terminated employees from receiving severance pay if they were part of a group
reorganization plan,47 and deprived agents of the enhanced severance of up to fifty-two weeks’
pay that they would have otherwise received under that Plan. To make matters worse for
Plaintiffs, those who did not sign the Release and opted for the base severance were subject to
the additional non-compete obligations in the Agent Transition Severance Plan, which were more
stringent than those in the original R830 and R1500 contracts. Failure to comply with those
more stringent non-compete arrangements resulted in the loss of even the minimal severance
pay.48
Compounding the absence of choice created by Allstate’s structuring of the Program,
Allstate erected additional roadblocks for an employee who did not wish to sign the Release.
47 While the Court does not make any ruling as to whether Allstate’s characterization of the Program as a “group reorganization” was legally wrongful, the Court notes that this amendment was conveniently self-serving and, from most perspectives, underhanded. The Court does not address Plaintiffs’ passing argument, made in a footnote in the “Factual Background” section of its Response Brief—that the amendment to the Allstate Severance Pay Plan was enacted under a conflict of interest. (Pl.’s Resp. Opp’n Summ. J. 31, n.130.) Certainly, however, Plaintiffs are free to raise the facts underlying this argument during a trial in this matter.
48 Allstate attempts to argue that these additional non-competition provisions were an “eligibility requirement” to receive severance pay. Therefore, the “only consequence” of not adhering to that provision was the cessation of severance payments. Because the base severance option payments occurred over the course of six months, the additional non-competition restriction only applied for the first six months after termination. (Allstate’s Resp. Opp’n Mot. Summ. J. 71–72.)
Allstate’s effort to minimize the penalties associated with not signing the Release are unconvincing. The fact remained that if an employee agent opted to not sign the Release, he or she was left with either (1) a base severance of thirteen weeks with additional non-compete restrictions or (2) no financial payment and the non-compete restrictions from the R830/R1500 contracts.
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First, it told Plaintiffs that even if they refused to sign the Release or accept the base severance payment, Allstate would still sue to enforce the non-compete clauses of the terminated R830 and R1500 contracts. This meant that agents could no longer sell insurance from their own offices or within a mile radius for one to two years. While such representations by Allstate were not necessarily improper from a legal standpoint,49 agents who opted to walk away with absolutely nothing from Allstate still faced the hurdle of not being able to continue to work in their location without the threat of suit. Second, Allstate took away the agency telephone number that agents had paid for and used, which foreclosed the option of opening up a new agency miles away and having customer calls forwarded to the new office. Third, and perhaps most problematic, Allstate affirmatively stated that even if these agents walked away with no income, no office, and no business telephone, and abided by the non-compete restrictions, they could still never attempt to initiate contact with former customers in whatever form and for any commercial purpose, regardless of how much time passed. Specifically, as Allstate concedes, it informed agents that Allstate customer lists were the property of Allstate and that the names, addresses, and ages of these customers were confidential information and exclusive property of Allstate. Thus, the customer list could not be used by a former agent “for any purpose including marketing noninsurance products.” (Zolner Decl., Ex. 102 (“Preparing for the Future Questions & Answers #8”), at Q20, ARI 094111 (emphasis added).)50 This was a particularly coercive statement in
49 Plaintiffs vigorously argue that the non-compete provisions of the R830/R1500 were not enforceable once Plaintiffs were terminated without cause. This issue presents a separate legal question which the Court need not consider at this time.
50 If agents eligible for the Program left Allstate, they could still sell products or services to Allstate customers only if a “customer initiates contact with his/her prior agent” or “if the customer responds to general advertising that is not considered a solicitation.” (Zolner Decl., Ex.
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light of the fact that many of the Plaintiffs’ customers were built from their own community or family contacts.51
Ultimately, this combination of factors appears to have created a true Hobson’s choice. Plaintiffs essentially had two options: (1) execute the Release in order to either continue as Exclusive Agents, be able to sell their book of business, or receive enhanced severance; or (2) refuse to sign the Release, give up an agency into which they had heavily invested time and money, face certain termination with no retirement or health benefits, receive inconsequential to no financial remuneration, face non-competition restrictions, and be forever barred from contacting anyone on a customer list, built over many years, for any commercial purpose whatsoever. Allstate itself recognized the dilemma caused by requiring involuntary conversions to the R1500 contract in its mid-1990s statement to the IRS, where it noted that: “[n]ot only would individuals lose future benefit plan accruals and contributions, if they were all converted to independent contractors, many of these individuals have spent all of their careers with Allstate and have hoped to retire with retiree life and medical benefits. Ceasing the NOA’s employee service at this juncture in their careers would have severe economic consequences to them.” (Meehan Decl, Ex. 54 (“Allstate Insurance Company Pre-Submission for June 23, 1997 Meeting”), at ARI 180110.) In other words, the choice presented by Allstate reasonably appeared to be either sign the Release or face likely financial ruin. Such circumstances, much like those in
156 (“Preparing for the Future Questions & Answers #10”), Q4 at ARI 090473.) 51 Plaintiffs raise an unclean hands defense in light of several of Allstate’s
representations. The record, however, does not provide the Court with sufficient information upon which to apply this doctrine.
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Coventry and Torrez,52 illustrate that Plaintiffs’ decision to sign the Release was as a result of the
Allstate-created take-it-or-leave-it predicament that undermines a finding of voluntariness.53
At the core of this analysis, the Court is left with the task of drawing inferences from the
evidence, weighing the credibility of witnesses, and affixing a characterization to the events that
occurred. On one hand, a methodical analysis under a strict application of the enumerated
totality of the circumstances factors yields a finding that the Release, while not necessarily
52 Allstate attempts to distinguish Coventry and Torrez from the present case by citing to various factual distinctions. The Court, however, does not suggest that such cases are precisely analogous to the present one, but rather cites them for the principle that where a plaintiff has no real choice as to whether to sign a Release, the execution of that Release cannot be deemed voluntary. Moreover, the Court cannot ignore that in this case, much like Coventry and Torrez, Plaintiffs in this case faced a sign-it-or-starve situation, particularly given the added considerations of the non-compete contracts and Allstate’s indications that Plaintiffs could not ever use their customer lists for marketing any other type of product.
53 The cases cited by Allstate in an effort to undercut a finding of a Hobson’s choice scenario are unconvincing and, in fact, highlight the direness of Plaintiffs’ situation in this case. First, Allstate cites Cirillo v. Archo Chem. Co., 862 F.2d 448 (3d Cir. 1988). In that case, however, the Third Circuit expressly noted that termination plan at issue did not create a “sign the waiver or starve” choice because the plan ensured that, at no time subsequent to his termination, would the plaintiff be without income. Id. at 452 n.2. Therefore, in stark contrast to the Program devised by Allstate, the plaintiff in Cirillo’s choice was whether “whether to sign the release and receive additional compensation or not sign the release and receive his ordinary retirement benefits.” Id. The other cases are similarly distinguishable. See, e.g., Ponzoni v. Kraft Gen. Foods, Inc., 774 F. Supp. 299, 311 (D.N.J. 1991) (plaintiff had opportunity to attempt to negotiate his termination date and regardless of whether he signed the Release, he was still entitled to his pension benefits and normal severance pay; by signing the Release, plaintiff got an additional twenty-four months’ severance); Pears v. Span, 718 F. Supp. 441, 446 (W.D. Pa. 1989) (“[T]his case does not present the Hobson’s choice confronted by the plaintiff in Coventry, forced to choose between an ADEA claim and his pension.”); Pierce v. Chesapeake Corp., No. Civ.A.88-1361, 1989 WL 12703, at *6 (E.D. Pa. Oct. 24, 1989) (finding that plaintiff was not faced with a “sign the waiver or starve” situation. “At no point was [plaintiff] Pierce told he would receive nothing if he did not sign the July 9 letter. The parties never discussed the consequences that would result from Pierce's refusal to sign the letter. To the contrary, in offering three months’ severance pay Chesapeake demonstrated its willingness to negotiate a mutually acceptable termination agreement that would give Pierce time to secure another position.”).
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desirable, was supported by some consideration and was the product of the educated free will of the Plaintiffs upon being given ample opportunity to consult with counsel and carefully read the terms of the Program. On the other hand, that methodical application of a defined set of factors offers a short-sighted view of what occurred in this matter. Underneath the impression conveyed by the more rigid analysis lies an alternate—and very plausible— picture that Allstate forced its employees into signing a Release with no real option for them other than losing their investments, their livelihood, their health coverage, and their retirement benefits. While the Court is tempted to find as a matter of law that these circumstances deprived the Release of the requisite voluntariness, the competing stories offered by the parties, considered in the totality of the circumstances, create a genuine question of fact as to whether Plaintiffs voluntarily waived their rights to bring a federal claim. Such a question is not properly decided by a Court as a matter of law, but rather is best resolved by a jury. See Torrez, 908 F.2d at 690 (“In assessing the totality of the circumstances in this case, we conclude there are material issues of fact precluding summary judgment.”); Poppelreiter v. Straub Int’l, Inc., No. Civ.A.99-4122, 2001 WL 1464788, at *7 (D. Kan. 2001) (“Under the totality of the circumstances, the evidence before the court presents a material question of fact as to whether the plaintiff knowingly and voluntarily waived his right to bring a private lawsuit under the FMLA and the ADA . . . . The court believes it is for the jury to decide whether the plaintiff knowingly and voluntarily waived his rights); Gorman v. Earmark, Inc., 968 F. Supp. 58, 64 (D. Conn. 1997) (“Despite plaintiff’s position as a high-placed executive and part owner of the company, if his description of his termination and the subsequent discussions regarding his stock and notes is believed by the jury, they could reasonably conclude that the release was an eleventh-hour addition to the agreement, extracted
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from [the plaintiff] without negotiation and additional consideration, and thus not enforceable.
The Court thus concludes that summary judgment is an inappropriate vehicle for weighing the
totality of the circumstances here.”). Accordingly, the Court denies both parties’ Motions on this
ground.
b. Whether the Release Was Knowingly Signed
The totality of the circumstances inquiry does not end at this juncture, as the ultimate
question is whether the Release was voluntarily and knowingly signed. It is well settled that a
material representation may affect whether a release was knowingly signed and may, in turn,
invalidate the release if there is evidence that the signers would have acted differently. Jakimas
v. Hoffman-La Roche, Inc., 485 F.3d 770, 781–82 (3d Cir. 2007). Plaintiffs now contend that
the Release was not knowingly signed due to at least five material misrepresentations by Allstate
concerning the consequences of signing and not signing the Release.54 The Court finds that these
54 Allstate asserts that to void the Release for a purported misrepresentation, Plaintiffs must prove all six elements of common law fraud. This argument, like its duress argument, is incorrect. The question of whether a release waiving federal claims was knowingly signed in light of various alleged misrepresentations is part of the totality of the circumstances test, which is governed by federal common law. Plaintiffs need not establish each element of a state law fraud claim. See Pierce v. Atchison, Topeka & Santa Fe Ry. Co., 65 F.3d 562, 571–72 (7th Cir. 1995) (agreeing with Second, Third, Fifth, Tenth, and Eleventh Circuits that a “totality of the circumstances” approach, governed by federal law is appropriate in determining whether a plaintiff knowingly and voluntarily executed a release of federal claims; rejecting the use of state law contract principles); Griffith v. Novation, LLC, No. Civ.A.04-2059, 2006 WL 1374017, at *4 (N.D. Tex. May 18, 2006) (rejecting application of Texas fraud law to misrepresentation claim made in connection with a totality of the circumstances test; holding that “the court will examine, as one of several factors in determining whether Griffith’s claim was knowing and voluntary, whether there is a genuine fact issue that [the defendant] made a misrepresentation of material fact.”); see also Feret v. First Union Corp., No. Civ.A.97-6759, 1999 WL 80374, at *7–8 (E.D. Pa. Jan. 25, 1999) (considering claim of misrepresentation under totality of the circumstances test without any reference to state law elements of a misrepresentation claim). In light of this conclusion, the Court does not analyze Plaintiffs’ assertions of misrepresentation under the six elements of a state law claim of misrepresentation, but rather under the federal
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allegations are replete with genuine issues of material fact that preclude a legal ruling on this
matter.
First, Plaintiffs argue that, in a Program-related Question and Answer document that was
distributed to employee agents, Allstate represented that agents who refused to sign the Release
would nonetheless be contractually barred from ever contacting or soliciting their former
customers, even though the R830/R1500 contracts did not contain any such broad prohibition.
Specifically, the first Q&A, issued on March 23, 2000, stated:
Q: If an agent ends his/her agency relationship and goes to work selling a noninsurance product, can the agent contact his/her prior Allstate customers regarding the new product?
A. No. Although this is not a violation of the non-compete provision, it is a violation of the confidentiality provision. The Allstate customer list is Allstate’s property and cannot be used by a former agent for any purpose including marketing non-insurance products.
(Zolner Decl., Ex. 102 (“Preparing for the Future Questions & Answers #8”), Q20 at ARI
0094111.) A subsequent Q&A, issued on June 7, 2000, stated:
Q. Can a former agent keep a list of his/her Allstate customers and, after the noncompete period has elapsed, use that list to contact them for the purpose of selling insurance or other products?
A. No. This would be a violation of the confidentiality provision contained in the agent’s agreement and the Agent Transition Severance Plan (if the agent elected the enhanced severance option). A former agent can never use a list of Allstate customers for any purpose regardless of how much time has passed since the agency relationship ended. All customer lists are considered confidential information and are the exclusive property of Allstate.
(Zolner Decl., Ex. 156 (“Preparing for the Future Questions & Answers #10”), Q1, at ARI
common law totality of the circumstances test. 140

090472.) Plaintiffs now contend that nothing within any contract between themselves and Allstate supported a lifetime ban on contacting former customers for any purpose.
Allstate does not dispute that it made these representations or that it told agents that it would enforce them. Rather, in response, Allstate cites to three pieces of evidence to establish that these representations were accurate. First, it references the R830 and R1500 Agreements which provided that records pertaining to Allstate policyholders are the property of Allstate. (See Heinz Decl, Ex. 10 (“R830 Agreement”), Part Four ¶ VII (“All supplies furnished to you and all records which you have pertaining to Allstate policyholders are the property of the Company and will upon demand be promptly returned to us.”); Heinz Decl., Ex. 3, (“R1500 Agreement”) ¶ 9 (“You understand that all materials furnished to you by the Company, including manuals, computer programs, microfiche and similar records and any derivative reports are the property of the Company and may contain trade secrets. You agree not to use, copy, duplicate, disseminate or divulge the contents of these materials without written authorization by the Company . . . . You agree that you will not use Company property or any information obtained or derived therefrom in any manner, directly or indirectly, other than in the performance of this Agreement.”). Second, it asserts that it consistently reinforced with employee agents that Allstate customer lists were Allstate property through “Agent Compensation Agreements.” Third, Allstate highlights testimony from various Plaintiffs evidencing their understanding that customer lists were confidential and belonged to Allstate, and that Allstate’s representations were consistent with their understanding of the confidentiality and non-solicitation provisions in their agreements.
Remarkably, however, nothing in the contractual provisions cited by Allstate supports the
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broad prohibition on contacting former customers. Undoubtedly, Allstate customer lists were confidential, particularly because they contained extensive information about the particular policyholders. Certainly, agents were precluded from using such “lists” to sell other products. Nonetheless, this confidentiality provision did not create a lifetime ban on employee agents ever contacting any former customer “for any purpose.” Indeed, stretching Allstate’s theory to its limits, a former agent, who had signed his or her mother to an Allstate policy, would be prohibited from initiating contact with his/her mother several years later, for the purposes of selling, for example, heating and air conditioning systems through a new business venture. Nothing in the Allstate confidentiality provision could possibly be construed, under any reasonable interpretation, as reaching that far. Yet, this is the representation that Allstate effectively made to its agents.
The inquiry, however, does not end at this point. The Court must next discern whether this misrepresentation precluded Plaintiffs from “knowingly” signing the Release. Both parties offer citations from Plaintiffs’ depositions and declarations reflecting, on one hand, that this misrepresentation bore heavily on their decision to sign the Release and continue in Allstate’s employ and, on the other hand, that Allstate’s statements did not change their understanding of the Release and the Program. As the Court is unable to resolve whether Plaintiffs would have acted differently had they known of the misrepresentation, a genuine issue of material fact remains. See Jakimas, 485 F.3d at 782 (noting the importance of evidence that the plaintiffs would have acted differently with respect to the release had they known the truth about the misrepresentation).
Second, Plaintiffs assert that, on the day the Program was announced and thereafter,
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Allstate represented that employee agents who were terminated could find employment elsewhere in the company. After the fact, however, Allstate imposed a rehiring moratorium, which denied employee agents re-employment and prevented employee agents subject to the Program from ever satisfying the continuous service requirement necessary for retirement benefits.
Allstate responds that the purported new job opportunities referenced non-agent employees who were terminated as part of a reduction in force, rather than R830/R1500 employee agents eligible for the program. Allstate also contends that it did not begin to consider a potential rehire policy related to the Program until September 2000, and it is undisputed that Allstate did not formally adopt and implement the Rehiring Moratorium until September 26, 2000.
Again, the evidence on this issue is highly in dispute. A genuine issue of fact remains as to both when Allstate knew it was going to implement the Rehiring Moratorium—which is crucial to determining whether Allstate’s statements to employee agents at the time of the Release were accurate—and whether any possible misrepresentations affected the Plaintiffs’ knowing signature of the Release. Therefore, the Court cannot resolve the “knowingly” issue on these grounds.
Third, Plaintiffs argue that in widely-distributed communications, and through local managers, Allstate reassured agents that there was no ongoing work or plans to reduce R3001 agents’ commission rates. Plaintiffs go on to note that this was false because Allstate already had such plans in place in 1999, but did not announce them until 2002.
Allstate claims, however, that it did not first begin to consider commission rate changes
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for Exclusive Agents until October 2001, at which time it announced to all Exclusive Agents that it would begin reviewing agent revenue and compensation. On September 25, 2002, Allstate gave notice to Exclusive Agents that commission changes would take effect on January 1, 2003. Allstate ultimately reduced commission rates for Exclusive Agents on January 1, 2003. At that point, the new property commission rates payable to R3001 agents went from twenty percent to ten percent.
The evidence reveals that Allstate engaged in some discussion regarding a reduction in the commission rates to R3001 agents beginning in the summer of 1999, just prior to the announcement of the Program. Further, it is undisputed that a rate change ultimately was announced in September 2002. The record, however, remains unclear as to whether the early discussions were simply talks that did not lead to any official action or whether the September 2002 rate change announcement was the direct result of these pre-Program discussions. Clearly, if Allstate did not seriously plan on implementing any rate changes until well after it made the alleged representations and after the start date of the Program, such representations could not have been misrepresentations and could not have affected Plaintiffs’ knowing signature of the Release. On the other hand, if a jury could make the inference from the evidence that the rate changes were in early planning stages as of 1999, Plaintiffs could establish that Allstate’s denials regarding rate changes were misrepresentations that affected their decision in signing the Release. Neither party’s evidence conclusively resolves this question, thereby making it a factual issue.
Fourth, Plaintiffs contend that Allstate failed to disclose to employee agents that the “certain business results” it expected from R3001 agents would be production quotas, which, if
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not met, would lead to the termination of the agent. Plaintiffs do not dispute that the Program Information Booklet communicated to Plaintiffs that agents would be expected to achieve certain business results. They contend, however, that these expected results, and the consequences of not meeting them, were never explained to Plaintiffs before they signed the Release. According to Plaintiffs, however, their managers specifically told them that Allstate would not impose production requirements or quotas on agents who converted to the R3001 contract. Yet the expected results imposed on R3001 agents after the Program was implemented were contrary to these various representations.
Allstate, on the other hand, asserts that Plaintiffs were well aware that they would be expected to meet standards set by the company. The R3001 contract itself stated that “[a]gency will meet certain business objectives established by the Company in the areas of profitability, growth, retention, customer satisfaction and customer service.” (Zolner Decl. ¶ 168, Ex. 168, § II.B.) This contract also incorporated the Exclusive Agency Independent Contractor Manual, which stated that “[t]he Company may establish business objectives with respect to the above areas that you are expected to meet.” (Zolner Decl., Ex. 46 (“Independent Contractor Manual”), at A002062.) These were also referenced in the Program Information Booklet. (Zolner Decl., Ex. 65 (“Program Information Booklet”), at ARI 000806.) Allstate then goes on to cite various pieces of evidence detailing the expected results and the consequences of not meeting these results. (Allstate’s Resp. Opp’n Mot. Summ. J. 96–97.) In addition, Allstate notes that the R3001 contract was clear that it was terminable with or without cause, upon providing ninety days written notice. (Zolner Decl., Ex. 168 (“R3001C Exclusive Agency Agreement”), § XVII.B.1–3; Zolner Decl., Ex. 169 (“R3001S Exclusive Agency Agreement”), § XVII.B.1–3.)
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Again, the Court is left with a pure question of fact. Although Allstate clearly disseminated some information regarding the “expected results” to Plaintiffs and other agents, it is unclear when this information was received and to what extent it was contradicted by statements from Allstate’s managers. Ultimately, a question of fact remains as to whether Plaintiffs were given sufficient information about what they would be required to do as R3001 Exclusive Agents in order for them to make an informed decision regarding their decision to sign the Release and convert to the R3001 contract.
Fifth and finally, Plaintiffs claim that Allstate represented that Exclusive Agents would have “more freedom and flexibility” than Employee Agents. Specifically, Allstate and Allstate managers claimed that Exclusive Agents could determine the manner and means in which to conduct their business, control the hours they worked, attend or not attend meetings, and truly be their own bosses. Nevertheless, Allstate exercised the same, if not more, control over Exclusive Agents after the Program. Indeed, according to Plaintiffs’ evidence, Allstate imposed multiple requirements on Exclusive Agents, including mandatory office hours, after-hours telephoneforwarding requirements, and meeting attendance requirements.
Allstate again denies that it made any misrepresentations and argue that under the R3001 contract, Exclusive Agents had entrepreneurial freedom that was not available to employee agents, including being able to conduct other business in addition to their insurance agency business and being able to decide the manner and means by which the agency would conduct business. To the extent that Plaintiffs complain about the office hours and telephone forwarding requirements, Allstate contends that Plaintiffs were, or should have been, well aware of these mandates when they signed their R3001 contracts, as the available materials were quite explicit.
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Upon consideration of the evidence, the Court agrees with Allstate that the R3001 contracts appear to clearly specify the various requirements about which the Plaintiffs now complain. As such, the Court is inclined to find that this representation was not a “misrepresentation” that affected the validity of the Release. Nevertheless, this factor is only one element in the totality of the circumstances equation. As the Court has already found that a jury must ultimately resolve the issue of whether the Release was knowingly and voluntarily signed, the parties may submit this issue to the factfinder as well.
c. Conclusion as to Knowing and Voluntary Execution of the Release
As set forth above, the totality of the circumstances test is taken “[i]n light of the strong policy concerns to eradicate discrimination in employment.” Coventry, 856 F.2d at 522–23. Although courts have enumerated various factors, it is well settled that the list is “intended to be illustrative rather than exhaustive.” Caban Hernandez v. Philip Morris USA, Inc., 486 F.3d 1, 8 (1st Cir. 2007). Reviewing the evidence as a whole in some detail, the Court is left with an unusual dichotomy. On one hand, Allstate seems to have technically abided by its legal duties by complying with OWBPA and satisfying most of the enumerated factors under the totality of the circumstances test. On the other hand, the overall construction of the Program and Release requirement, together with the information—or lack thereof—disseminated by Allstate, seems to have eliminated any real choice or understanding. As repeatedly emphasized above, the true story will only be revealed through live testimony, credibility determinations, and weighing of various pieces of documentary evidence. Both Motions for Summary Judgment are therefore denied on these grounds.
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3. Whether the Release Was Unconscionable Plaintiffs’ last challenge to the Release contends that it is invalid as to all claims—including Plaintiffs’ common law claims of breach of contract and breach of fiduciary duty—because it is unconscionable as a matter of law. To prove unconscionability under Pennsylvania law,55 a plaintiff must show that a contract is both procedurally and substantively unconscionable. Quilloin v. Tenet HealthSystem Phila., Inc., 673 F.3d 221, 230 (3d Cir. 2012). “The party challenging a contract provision as unconscionable generally bears the burden of proving unconscionability.” Harris v. Gree Tree Fin. Corp., 183 F.3d 173, 181 (3d Cir. 1999). The Pennsylvania Supreme Court has indicated that, in examining these two prongs, “it might be appropriate to use a ‘sliding-scale approach’ so that ‘where the procedural unconscionability is very high, a lesser degree of substantive unconscionability may be required’ and presumably, vice-versa.” Quilloin, 673 F.3d at 230 (quoting Salley v. Option One Mortg. Corp., 925 A.2d 115, 125 n.12 (Pa. 2007)).
a. Procedural Unconscionability “Procedural unconscionability examines the process leading to the formation of the contract and the form and language of the agreement.” Porreca v. Rose Grp., No. Civ.A.131674, 2013 WL 6498392 (E.D. Pa. Dec. 11, 2013). A procedurally unconscionable contract
55 Plaintiffs contend that Illinois law should apply to this issue because it is where Allstate is headquartered, where it designed the Release and the Program, where it gave information to Plaintiffs about the Release, where it implemented the Program, and where it received any purported benefit from the Program. Nonetheless, Plaintiffs analyze the issue primarily under Pennsylvania law, recognizing that there is no material difference between Pennsylvania and Illinois law on this issue. Allstate follows suit with its reliance on Pennsylvania law. In keeping with the parties’ agreement on this point, and absent any thorough choice of law analysis by the parties, the Court likewise relies on Pennsylvania law.
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bears a lack of meaningful choice in the acceptance of the challenged provision. Quilloin, 673 F.3d at 235. Such contracts are typically “contracts of adhesion,” which are defined as “a standard-form contract prepared by one party, to be signed by the party in the weaker position, usually a consumer, who adheres to the contract with little choice about the terms.” Id. (quotation omitted). Although unequal bargaining power is a key factor, standing alone it is insufficient to meet the standard for procedural unconscionability. Id. Rather, courts must consider additional factors including “the take-it-or-leave-it nature of the standardized form of the document, the parties’ relative bargaining positions, and the degree of economic compulsion motivating the adhering party.” Id. at 235–36.
Plaintiffs contend that the Release was procedurally unconscionable for three reasons. First, they assert—and Allstate does not deny—that the Release was offered on a take-it-orleave-it basis. Second, Plaintiffs claim that the Release was a contract of adhesion because Allstate was the stronger contracting party with full control over the terms of the Release, but Allstate held the reins over Plaintiffs’ livelihood. Third, Plaintiffs contend that they were in a particularly vulnerable position because they were financially and emotionally committed to their agencies—investments that were made at Allstate’s urging.
These arguments, together with Allstate’s denials, bear striking similarity to the arguments raised with respect to Plaintiffs’ contention that the Release was not voluntarily signed. As set forth in great detail above, these arguments give rise to numerous issues of material fact that are improper for resolution on a motion for summary judgment. As such, for the same reasons described above, the Court will deny both parties’ Motions on this issue.
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b. Substantive Unconscionability The same holds true for Plaintiffs’ allegation of substantive unconscionability. Under Pennsylvania law, procedural unconscionability alone is insufficient to invalidate a contract. Rather, a party must prove substantive unconscionability which “refers to whether the terms of the agreement unreasonably favor the party asserting it.” Porreca, 2013 WL 6498392, at *10. “Substantively unconscionable terms are those that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent.” Id. (quoting Estate of Hodges, No. Civ.A.12-1698, 2013 WL 1294480, at *6 (E.D. Pa. Mar. 29, 2013). “To establish substantive unconscionability, the plaintiff must show that the contract terms are unreasonably favorable to the drafter and that the other party had no meaningful choice but to accept those terms.” Cronin v. Citifinancial Servs., Inc., No. Civ.A.08-1523, 2008 WL 2944869, at *3 (E.D. Pa. July 25, 2008). Plaintiffs’ claim of substantive unconscionability is, like its procedurally unconscionability claim, marked with disputes of fact. The Court has no doubt that the Plaintiffs lost substantial benefits, to Allstate’s gain, when they signed the Release. The Court also notes, however, that Plaintiffs gained in other ways through various options they received in the Program. The question of whether those gains and benefits satisfied the concept of mutuality of obligation cannot be resolved at this juncture. Moreover, any conclusions regarding the import of public policy are necessarily intertwined with the resolution of the multitude of factual issues. Accordingly, the Court also leaves this issue open for review by a factfinder.56
56 Although not raised as grounds in support of their Motion for Summary Judgment as to the Invalidity of the Release, Plaintiffs challenge, in somewhat cursory fashion, Allstate’s Motion for Summary Judgment on the ground that a reasonable jury could find that the Release was
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V. CONCLUSION In light of the foregoing, the Court must deny the relief requested by both Motions for
Summary Judgment as to the Invalidity of the Release. This ultimate conclusion, however, comes with several legal findings that will bear on the remainder of this case. First, the law of the case, as set forth by the Third Circuit, dictates that the Release, if valid, would bar all Romero I claims and Count II of Romero II. Moreover, plain contract interpretation reveals that the Release covers Counts I and III of Romero II. Second, Allstate has met its burden of proving—and Plaintiffs have failed to show a genuine issue of material fact as to—the eight statutory factors set out under OWBPA. Finally, the Court finds itself stymied by the multiple issues of fact surrounding the question of whether the Release was knowingly and voluntarily signed, issues which also bear on the claim of unconscionability. Although, as noted previously, the Court finds itself tempted to invalidate the Release based on the “knowingly and voluntarily” analysis, such a premature finding would involve resolution of issues of credibility, require the Court to discern the appropriate inferences to be drawn from the evidence, and improperly ignore the multiple other factors that weigh in Allstate’s favor. Ultimately, the numerous credibility and evidentiary determinations that must be made require that an objective factfinder resolve this matter.
Undoubtedly, the parties are anxious for some resolution of at least this portion of the
executed under duress and as part and parcel of an illegal scheme. As the Court is already denying Allstate’s Motion for Summary Judgment on numerous other grounds, we need not resolve these additional issues. Moreover, at no point do Plaintiffs assert that the Court could affirmatively invalidate the Release under either of these theories—only that genuine issues of material fact remain on those issues. Thus, these matters are not properly before the Court with respect to Plaintiffs’ Motion for Summary Judgment.
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case, having litigated it for over a decade. Nonetheless, the Court remains bound by Federal Rule of Civil Procedure 56 and its interpretive jurisprudence and, thus, cannot conclusively rule on the validity of the Release. Therefore, the parties shall be directed to contact the Court with respect to setting up a status conference and establishing a firm date for trial on this matter.
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 IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

ALLSTATE INSURANCE COMPANY, :

et al.,

:

Defendants.

:

CIVIL ACTION NO. 01-3894 CONSOLIDATED WITH NO. 01-6764 NO. 01-7042

MEMORANDUM

BUCKWALTER, S.J.

March 13, 2014

Currently pending before the Court are the Cross-motions for Summary Judgment by

Plaintiff Equal Employment Opportunity Commission (“EEOC”) and Defendants Allstate

Insurance Company, et al. (collectively “Allstate” or “Defendant”) on the EEOC’s Complaint.

For the following reasons, Allstate’s Motion is granted and the EEOC’s Motion is denied.

I. FACTUAL BACKGROUND

The factual and procedural background of this case is a lengthy and convoluted one,

commencing in 1999 and continuing to the present day. The underlying facts are well known to

the parties and were summarized in great detail in the Court’s Memorandum Opinion dated

February 27, 2014. In lieu of rehashing this complicated history, the Court incorporates by

reference the recitation of facts set forth in the previous Memorandum. Romero v. Allstate Ins.

Co., F. Supp. 2d , 2014 WL 796005, at *1–27 (E.D. Pa. Feb. 27, 2014).

With that caveat aside, the present Motions nonetheless require a brief review of the core

facts giving rise to this matter.1 This case revolves around Allstate’s announcement and implementation of its Preparing for the Future Group Reorganization Program (“the Program”). Prior to November 1999, the majority of Allstate’s captive agency force acted as employee agents under either an R830 or an R1500 contract and were entitled to a wide range of companysponsored health, welfare, and retirement benefits. On November 10, 1999, Allstate announced the Program by noting that, as part of a new business model, it was reorganizing its entire captive agency force into a single exclusive agency independent contractor program. With few exceptions, Allstate terminated the employment contracts of the 6,200-plus R830 and R1500 employee agents effective no later than June 30, 2000. While the Program applied to all agents regardless of age, productivity, or performance, approximately ninety percent of the R830/R1500 agents were over forty years of age.
In connection with the termination of the R830 and R1500 employment contracts, Allstate offered the agents working under those contracts four options. The first three options were conditioned upon the agents’ agreement to execute a release of claims, while the fourth option did not. The first “release-based” option was the “EA Option.” According to the Program Information Booklet, this option would allow the agent to enter into an R3001C or R3001S Agreement, thereby converting the agent from an employee to an Exclusive Agent (“EA”) independent contractor. The agent would then be entitled to all of the benefits and requirements of that contract, including increased renewal commissions, a conversion bonus, earlier transferability in the agent’s book of business, debt forgiveness, and reimbursement for moving
1 As with the previous Memorandum, the Court will stray from normal practice and will not cite to the parties’ evidentiary submissions for each undisputed fact. Rather, the Court will limit its evidentiary citations to situations where a source is directly quoted.
2

expenses if necessary. The R3001 contract, however, did not entitle agents to the same employee benefits.
The second option was the “Sale Option.” This option also permitted an agent to enter into an R3001C/S Agreement with Allstate, thus converting the agent to an EA independent contractor. In turn, the agent would receive a “conversion bonus” and Allstate would forgive any advances owed, assume certain lease and advertising obligations the agent incurred as an employee agent, and permit the agent, after thirty days’ service as an EA, to sell his or her book of business written while an R830 or R1500 agent. This option also required the agent to sign a release.
The third option was the “Enhanced Severance Option.” Under this option, Allstate would pay the agent “enhanced” severance equal to one year’s pay based on the greater of 1997 or 1998 total compensation, forgive debt and/or expenses that Allstate had advanced to the agent, and relieve the agent of certain lease and advertising obligations incurred as an R830 or R1500 agent. This option was unavailable unless the agent signed a release.
The final option was the “Base Severance Option.” If an agent elected this option, then Allstate paid him or her up to thirteen weeks of pay. The agent electing this option did not need to enter into a release, although he/she was subject to certain additional non-compete and nonsolicitation obligations. Notably, Allstate had determined that agents affected by the Program were ineligible for the pre-existing severance or post-termination pay plans because they were not terminated for any of the reasons set forth in those plans. Allstate also took the position that the pre-existing severance/post-termination pay plans were inapplicable because they did not apply to group reorganization programs.
3

The Release required by the first three options was three pages long, including a signature
page. The Release and Waiver Provision stated:
In return for the consideration that I am receiving under the Program, I hereby release, waive, and forever discharge Allstate Insurance Company, its agents, parent, subsidiaries, affiliates, employees, officers, shareholders, successors, assigns, benefits plans, plan administrators, representatives, trustees and plan agents (“Allstate”), from any and all liability, actions, charges, causes of action, demands, damages, entitlements or claims for relief or remuneration of any kind whatsoever, whether known or unknown, or whether previously asserted or unasserted, stated or unstated, arising out of, connected with, or related to, my employment and/or the termination of my employment and my R830 or R1500 Agent Agreement with Allstate, or my transition to independent contractor status, including, but not limited to, all matters in law, in equity, in contract, or in tort, or pursuant to statute, including any claim for age or other types of discrimination prohibited under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Employee Retirement Income Security Act (“ERISA”), the Illinois Human Rights Act, and the West Virginia Human Rights Act as those acts have been amended, or any other federal, state, or local law or ordinance or the common law. I further agree that if any claim is made in my behalf with respect to any matter released and waived above, I hereby waive any rights I may have with respect thereto and agree not to take any payments or other benefits from such claim. I understand that this release and waiver does not apply to any future claims that may arise after I sign this Release or to any benefits to which I am entitled in accordance with any Allstate plan subject to ERISA by virtue of my employment with Allstate prior to my employment termination date.
(Allstate’s Mot. Summ. J. on the Validity of the Release, Heinz Decl., Nos. Civ.A.01-3894, 01-
6764, Ex. 186 (“Release”), at ARI 004101.)
Several employee agents subject to this Program brought age discrimination charges
against Allstate with the Equal Employment Opportunity Commission (“EEOC”) and
subsequently initiated two federal cases against Allstate: Romero v. Allstate, No. Civ.A. 01-
3895 (“Romero I”) and Romero v. Allstate, No. Civ.A.01-6746 (“Romero II”). Shortly
thereafter, the EEOC brought its own action against Allstate, on December 27, 2001, alleging
that Allstate unlawfully retaliated against all employee agents, in violation of the ADEA and
4

other federal employment statutes, by refusing to permit them to continue as Allstate employees unless they signed the Release. Via this action, the EEOC sought a declaratory judgment that the Release is invalid. (Am. Compl., No. Civ.A.01-7042 (“EEOC v. Allstate”).)
In compliance with the Court’s scheduling order in the consolidated actions, the parties began filing summary judgment motions in early April 2013. Briefing on those motions and related motions did not conclude until the end of August 2013. As of December 2013, this Court had ruled on all of the evidentiary disputes associated with the summary judgment motions, leaving the latter motions ripe for judicial review. On February 27, 2014, the Court issued a Memorandum and Order on the Cross-Motions for Summary Judgment as to the Validity of the Release signed by the Plaintiffs in Romero I and Romero II and determined that genuine issues of material fact remained as to whether the Release was knowingly and voluntarily signed. Romero, F. Supp. 2d , 2014 WL 796005, at *68–79.
Now pending are the EEOC’s and Allstate’s Cross-Motions for Summary Judgment as to the EEOC’s Amended Complaint. These Motions are ripe for judicial review. II. STANDARD OF REVIEW
Summary judgment is proper “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c)(2). A factual dispute is “material” only if it might affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). For an issue to be “genuine,” a reasonable fact-finder must be able to return a verdict in favor of the non-moving party. Id.
On summary judgment, the moving party has the initial burden of identifying evidence
5

that it believes shows an absence of a genuine issue of material fact. Conoshenti v. Pub. Serv. Elec. & Gas Co., 364 F.3d 135, 145–46 (3d Cir. 2004). It is not the court’s role to weigh the disputed evidence and decide which is more probative, or to make credibility determinations. Boyle v. Cnty. of Allegheny, 139 F.3d 386, 393 (3d Cir. 1998) (citing Petruzzi’s IGA Supermkts., Inc. v. Darling-Del. Co. Inc., 998 F.2d 1224, 1230 (3d Cir. 1993)). Rather, the court must consider the evidence, and all reasonable inferences which may be drawn from it, in the light most favorable to the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (citing United States v. Diebold, Inc., 369 U.S. 654, 655 (1962)); Tigg Corp. v. Dow Corning Corp., 822 F.2d 358, 361 (3d Cir. 1987).
Although the moving party must establish an absence of a genuine issue of material fact, it need not “support its motion with affidavits or other similar materials negating the opponent’s claim.” Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). It can meet its burden by “pointing out . . . that there is an absence of evidence to support the nonmoving party’s claims.” Id. at 325. If the non-moving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden at trial,” summary judgment is appropriate. Celotex, 477 U.S. at 322. Moreover, the mere existence of some evidence in support of the non-movant will not be adequate to support a denial of a motion for summary judgment; there must be enough evidence to enable a jury to reasonably find for the non-movant on that issue. Anderson, 477 U.S. at 249–50.
Notably, these summary judgment rules do not apply any differently where there are cross-motions pending. Lawrence v. City of Phila., 527 F.3d 299, 310 (3d Cir. 2008). As stated by the Third Circuit, “‘[c]ross-motions are no more than a claim by each side that it alone is
6

entitled to summary judgment, and the making of such inherently contradictory claims does not constitute an agreement that if one is rejected the other is necessarily justified or that the losing party waives judicial consideration and determination whether genuine issues of material fact exist.’” Id. (quoting Rains v. Cascade Indus., Inc., 402 F.2d 241, 245 (3d Cir. 1968)). III. DISCUSSION
In its Motion for Summary Judgment, the EEOC asserts that (1) the Release requirement that was part of the Program constituted unlawful retaliation in violation of multiple antiretaliation statutes and (2) section 503(b) of the Americans With Disabilities Act invalidates Allstate’s “sign the release or leave” scheme. Allstate rests its Cross-motion on the proposition that the Release does not substantively violate any federal statute, thereby warranting summary judgment in its favor on the entirety of the EEOC’s Complaint. The Court addresses each argument separately.
A. Retaliation Claim The EEOC frames its first argument in terms of a singular issue: “Did Allstate’s replacement of its employee agents’ right to seek to convert to the R3001 contract with the requirement that they release all of their rights under the employment discrimination laws in order to be allowed to convert, dissuade employee agents from freely pursuing their claims?” (EEOC’s Mem. Supp. Mot. Summ. J. 16.) More precisely, the EEOC contends that the Releasesigning requirement imposed by Allstate as part of the Program constituted unlawful retaliation under section 704(a) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §
7

2000e, et seq. (“Title VII”),2 section 4(d) of the Age Discrimination in Employment Act, 29
U.S.C. § 621, et seq. (“ADEA”),3 and section 503 of the Americans With Disabilities Act, 42
U.S.C. § 12101, et seq. (“ADA”).4
The United States Supreme Court has interpreted these retaliation provisions to have a
2 Title VII’s anti-retaliation provision provides that:
It shall be an unlawful employment practice for any employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this title [42 U.S.C. §§ 2000e-2000e-17], or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title [42 U.S.C. §§ 2000e-2000e-17].
42 U.S.C. § 2000e-3(a).
3 The ADEA provides that:
It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this Act.
29 U.S.C. § 623(d).
4 The ADA’s anti-retaliation provision states:
No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.
42 U.S.C. § 12203(a).
8

broad reach.5 In Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006), the Supreme Court held that “Title VII’s substantive provision and its antiretaliation provision are not coterminous. The scope of the antiretaliation provision extends beyond workplace-related or employment-related retaliatory acts and harm.” Id. at 67. It reaffirmed that “[t]he antiretaliation provision seeks to prevent employer interference with ‘unfettered access’ to Title VII’s remedial mechanisms. . . . It does so by prohibiting employer actions that are likely ‘to deter victims of discrimination from complaining to the EEOC,’ the courts, and their employers.” Id. at 68 (quotations omitted).
Notwithstanding this broad reach, the essential elements of a prima facie case of illegal retaliation under the anti-discrimination statutes remain the same. First, a plaintiff must show protected activity. Fogelman v. Mercy Hosp., Inc., 283 F.3d 561, 567–68 (3d Cir. 2002) (quoting Krouse v. Am. Sterilizer, 126 F.3d 494, 500 (3d Cir. 1997)). This element is satisfied by a showing of “complaints to [the employer], whether oral or written, formal or informal.” Abramson v. William Paterson Coll. of N.J., 260 F.3d 265, 288 (3d Cir. 2001). For an employee’s complaint to be protected, he or she “must hold an objectively reasonable belief, in good faith, that the activity they oppose is unlawful . . . .” Moore v. City of Phila., 461 F.3d 331, 341 (3d Cir. 2006) (citing Clark Cnty. v. Breeden, 532 U.S. 268, 271 (2001)). Second, there must be some adverse action by the employer either after or contemporaneous with the employee’s protected activity. Fogelman, 283 F.3d at 567 (quoting Krouse, 126 F.3d at 500). In
5 Because the anti-retaliation provisions of the three statutes are nearly identical, the United States Court of Appeals for the Third Circuit has held that precedent interpreting any one of these statutes is equally relevant to interpretation of the others. Fogleman v. Mercy Hosp., Inc., 283 F.3d 561, 567 (3d Cir. 2002) (citing Krouse v. Am. Sterilizer Co., 126 F.3d 494, 500 (3d Cir. 1997)).
9

addition to actions that “affect the terms and conditions of employment,” the anti-retaliation provisions more broadly proscribe “any employer action that ‘well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.’” Thompson v. N. Am. Stainless, LP, 131 S. Ct. 863, 868 (2011) (quoting Burlington, 548 U.S. at 68). Finally, a plaintiff seeking to establish retaliation must prove causal connection between the employee’s protected activity and the employer’s adverse action.” Fogelman, 283 F.3d at 567–68 (quoting Krouse, 126 F.3d at 500).
Acknowledging that the present case does not precisely fit the mold of a typical retaliation claim, the EEOC offers three theories for establishing that the Release-signing requirement substantively violated the various federal anti-retaliation statutes. First, it contends that the Release requirement was a “facially retaliatory” policy that was per se unlawful. Second, it avers that, with respect to the employee agents who opted to not sign the Release, the policy was retaliatory because it deprived those agents of the right to continued employment with Allstate in retaliation for their protected conduct of refusing to waive their federal discrimination claims. Finally, the EEOC avers that the agents who did sign the Release were victims of anticipatory retaliation. The Court addresses these arguments separately.
1. Whether the Release-signing Requirement Was Facially Retaliatory The EEOC’s first theory rests on the principle that the very heart of the Program was a retaliatory policy that only allowed agents who signed the Release to continue in Allsate’s employ, thereby insulating Allstate from any and all charges and preventing employee agents from engaging in protected activity. According to the EEOC, the Release, in and of itself, constituted an employee practice that was reasonably likely to deter or disincentivize persons
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from engaging in future protected activity. The EEOC loosely rests this claim of “facial retaliation” on the United States Supreme
Court decision in Trans World Airlines v. Thurston, 469 U.S. 111 (1985). In that case, the defendant airline allowed captains displaced for reasons other than age—i.e., medical reasons or reductions in force—to become flight engineers. Id. at 116–17. Disqualified captains over the age of sixty, however, were unable to avail themselves of this privilege. Id. at 116. The Supreme Court remarked that although the airline was not required to grant transfer privileges to disqualified captains, once it did so, it could not deny the opportunity to others because of their age. Id. at 120–21. The court found that the policy itself was “direct evidence” of age discrimination since the method of job transfer available to a disqualified captain depended upon his age and, thus, was discriminatory on its face. Id. at 121.
The United States Court of Appeals for the Third Circuit, however, subsequently clarified the scope of Thurston and limited the reach of the so-called facial retaliation theory. In DiBiase v. SmithKline Beecham Corporation, the defendant consolidated four of its computer data centers into a single center and allowed employees to move to the central location. 48 F.3d 719, 722 (3d Cir. 1995). Subsequently, the defendant decided to lay off several managers, including the plaintiff, and offered terminated employees a separation benefit plan, which provided twelve months salary and three months continued health and dental benefits. Id. Additionally, the plan offered enhanced benefits to employees willing to sign a general release of all claims against the defendant. Id. Those employees who signed the release were entitled to receive fifteen months’ salary and six months’ continued health and dental coverage. Id. The plaintiff declined to sign the release and indicated by letter to defendant that he had reason to believe that the company
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violated federal and state age discrimination laws. Id. at 723. He later filed a charge with the EEOC and, thereafter, a complaint in federal court alleging, among other things, that the defendant’s policy was facially discriminatory. Id.
The Third Circuit held that the district court erred in determining that the defendant’s policy was facially discriminatory. Id. at 727. It explained that “[t]he touchstone of explicit facial discrimination is that the discrimination is apparent from the terms of the policy itself.” Id. (citing Thurston, 469 U.S. 111). The court agreed that when a policy facially discriminates on the basis of the protected trait, in certain circumstances it could constitute per se age discrimination. Id. “This is because, in a facial disparate treatment case, the protected trait by definition plays a role in the decision-making process, inasmuch as the policy explicitly classifies people on that basis. Thus, when the policy itself displays the unlawful categorization, the employee is relieved from independently proving intent.” Id. at 726. The court found that the defendant’s policy did not fall within this “limited category of cases,” because the plan, which did not classify persons on the basis of age, could not be deemed to be discriminatory on its face. Id. at 727. “On the contrary,” the Third Circuit observed that “the plan offering is an archetypical example of a facially non-discriminatory policy. [Defendant] made the expanded package available to all persons willing to sign the release, regardless of age. [Defendant] did not require employees to waive only ADEA claims, but to waive all claims. A facially non-discriminatory policy cannot be transformed into a facially discriminatory policy simply because of the existence of the ADEA.” Id. at 727.
In line with the reasoning of DiBiase, it is well established that a release of claims used in connection with termination of employment is not, in and of itself, a per se retaliatory policy
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simply because it may include the release of federal discrimination claims. Indeed, Congress expressly addressed the propriety of such releases when it enacted the Older Workers Benefit Protection Act of 1990 (“OWBPA”), which “is designed to protect the rights and benefits of older workers” and “governs the effect under federal law of waivers or releases on ADEA claims . . . .” Oubre v. Entergy Operations, Inc., 522 U.S. 422, 427 (1998). The OWBPA defines the minimum requirements for determining what is a knowing and voluntary waiver. 29 U.S.C. § 626(f)(1). In doing so, the statute makes clear that an offer of an employment benefit conditioned upon waiver of ADEA rights is not retaliatory per se. Had Congress meant for such releases to be per se retaliatory due to their waiver of federal discrimination claims, it would not have so carefully defined the requirements necessary for such releases to be upheld.
Consistent with this congressional policy, the United States Court of Appeals for the Third Circuit has noted that “[t]he requirement that employees sign a release as a condition of receiving severance pay is a common provision in modern severance agreements.” Local Union No. 1992, Int’l Bhd. of Elec. Workers v. Okonite Co., 189 F.3d 339, 348 (3d Cir. 1999). “‘An employee release is a contract in which a discharged employee abandons claims against a former employer after they have arisen, in exchange for benefits such as severance pay.’” Id. (quoting 2 Henry H. Perritt, Jr., Employee Dismissal Law & Practice § 8.10 (3d ed. 1992)). Applicable jurisprudence has consistently emphasized that “[t]he mere offer of the severance agreement is insufficient to constitute discrimination in the retaliation context.” E.E.O.C. v. Nucletron Corp., 563 F. Supp. 2d 592, 598 (D. Md. 2008). “[T]he employer’s action only reaches the level of retaliation if it denies severance benefits that are otherwise promised or owed or if the employer sues to enforce the agreement.” Id. at 598–99; see, e.g., DiBiase v. SmithKline Beecham Corp.,
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48 F.3d 719 (3d Cir. 1995) (holding that separation benefit plan providing enhanced benefits to terminated employees conditioned upon the signing of a general release—which expressly included waiver of age discrimination claims—did not violate ADEA even though the release did not provide any additional consideration to ADEA-protected workers); Corneveaux v. CUNA Mut. Ins. Grp., 76 F.3d 1498, 1508 (10th Cir. 1996) (concluding that the plaintiff failed to prove the causal link required for a retaliation claim simply because the defendant employer “required completion of a form waiving all claims against [the employer] from all employees prior to disbursing the [benefits]” (emphasis added)); Griffin v. Kraft Gen. Foods, 62 F.3d 368 (11th Cir. 1995) (rejecting claim that termination plan was facially discriminatory where it required employees to execute a general release which explicitly included waiver of ADEA claims before benefits could be received); Prestileo v. Sears, Roebuck & Co., No. Civ.A.99–2180, 2000 WL 190257, at *5–6 (E.D. Pa. Feb. 2, 2000) (holding no evidence of age discrimination where severance package was offered, with its accompanying waiver of legal rights, to all salaried employees, regardless of age, race or sex).
The challenged policy, in the present case, is precisely the type of general Release of claims described in the foregoing cases. Allstate’s entire employee agent workforce, with limited exceptions made to accommodate certain states’ laws, was terminated pursuant to the Program regardless of age or protected activity. In connection with that Program, all of the terminated employee agents were offered one of the four aforementioned options. Three of those options, which provided some form of enhanced benefits, were conditioned upon the signature of the Release without regard to an employee’s potential for having ADEA claims. The Program and Release did not categorize employees according to age or protected activity. Thus, the mere offer
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of the Program and Release cannot be said to be facially retaliatory.6 In an effort to evade this conclusion, the EEOC asserts that the Program and Release were
retaliatory because they took away a right to continued employment and conditioned any further employment on the employee’s release of rights to engage in protected conduct. As support for this theory, the EEOC relies heavily on the Seventh Circuit case of EEOC v. Board of Governors of State Colleges & Universities, 957 F.2d 424, 429 (7th Cir. 1992). The EEOC, in that matter, brought an action to challenge—under the retaliation provision of the ADEA—the legality of a collective bargaining agreement provision that denied employees their contractual right to a grievance proceeding whenever the employee initiated a claim, including a claim of age-based discrimination, in an administrative or judicial forum. Id. at 425. The employee at issue had filed a claim with the EEOC and, as a result, the defendant terminated his grievance proceedings, thereby prompting the EEOC to bring a retaliation claim against the defendant. Id. at 426. The court found that, although the policy also adversely affected non-protected persons, the defendant could not “deny grievance proceedings on the basis that employees have filed protected ADEA claims.” Id. at 430. The court deemed the policy itself retaliatory and concluded that “a retaliatory policy constitutes a per se violation of Section 4(d)” of the ADEA. Id. at 430–31.
Board of Governors, however, is inapposite in multiple respects. As a primary matter—and contrary to the EEOC’s interpretation—Board of Governors did not state that the
6 Notably, in the Memorandum Opinion of February 27, 2014, this Court found that the Release at issue complied with OWBPA, but that there was a genuine issue of material fact as to whether they were knowingly and voluntarily signed. Romero, F. Supp. 2d , 2014 WL 796005, at *68–79. Even if a factfinder ultimately determines that the Release was not knowingly and voluntarily signed, however, the remedy will be to invalidate the Release, not to find that it constitutes substantive retaliation.
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existence of the policy alone constituted retaliation. “The Court merely held that when the employer enforced its policy against employees who had filed EEOC charges, the affected employees could prove their retaliation claims without producing evidence that the employer had acted with retaliatory animus.” Nucletron, 563 F. Supp. 2d at 598 (citing Board of Governors, 957 F.2d at 427–428) (emphasis added); see also EEOC v. Sundance Rehabilitation Corp., 466 F.3d 490, 498 (6th Cir. 2006) (“[W]hile the Seventh Circuit in Board of Governors addressed what it determined to be the facially retaliatory CBA provision that purported to authorize that action, that policy was before the Seventh Circuit because the employer had implemented it and had engaged in a retaliatory act.”). The Seventh Circuit did not create a cause of action for employees who had not yet been denied a grievance proceeding. Id.
Moreover, and perhaps more importantly, the Board of Governors ruling relied on the principle that “‘[a] benefit that is part and parcel of the employment relationship may not be doled out in a discriminatory fashion, even if the employer would be free . . . not to provide the benefit at all.’” Id. at 430 (quoting Hishon v. King & Spalding, 467 U.S. 69, 75 (1984)). The court noted that the employees’ collective bargaining agreement guaranteed them the right to proceed against their employers in a binding arbitration. Id. at 429–30. The new policy denied that contractual right for the sole reason that the employee engaged in the protected activity of filing a lawsuit. Id. In other words, the policy preemptively retaliated against employees by creating an automatic adverse employment action against a contractual employment benefit in the event of protected activity.
As noted above, however, where an employer offers something in addition to what the terminated employee is entitled and conditions receipt of that benefit upon the signing of a
16

waiver of federal discrimination claims, the waiver is not facially retaliatory. See Davis v.
Precoat Metals, a Div. of Sequa Corp., 328 F. Supp. 2d 847, 853 (N.D. Ill. 2004) (distinguishing
Board of Governors and finding that employer’s offer of severance benefits—to which
employees were not otherwise entitled—to all employees subject to execution of release was not
discriminatory per se); SunDance Rehabilitation, 466 F.3d at 500-01 (distinguishing Board of
Governors and rejecting argument that the employer’s “mere offer of the Separation Agreement
to all employees terminated in the reduction in force, without more, amounts to facial retaliation
under the four statutes at issue here.”).7
In the present case, the EEOC’s entire argument is premised on the faulty assumption that
the Program discriminatorily doled out an absolute right that was part and parcel of the employee
agents’ R830 and R1500 contracts—i.e., the right to convert to independent contractor status.
Prior to the announcement of the Program, employee agents had the opportunity to apply to
convert to independent contractor status and were subject to somewhat perfunctory application
requirements. At no point, however, did the employee agents—unlike the employees in Board of
Governors—maintain any contractual or legal right to such conversion. Indeed, Allstate could
7 The EEOC also cites to EEOC v. Lockheed Martin Corp., 444 F. Supp. 2d 414, 421–22 (D. Md. 2006) in support of its theory. In that case, however, the employer conditioned the plaintiff’s receipt of severance benefits on the plaintiff’s withdrawal of a charge she had already filed with the EEOC and on her execution of a release. Id. at 421–22. Unlike the receipt of severance benefits, which is a privilege rather than a right, the opportunity to file a charge of discrimination with the EEOC is a statutory right that is not subject to waiver. See 29 U.S.C. § 626(f)(4).
As discussed in great detail in this Court’s Memorandum Opinion filed February 27, 2014, the Agreement and Release at issue in this case did not prohibit Plaintiffs from filing a charge with the EEOC and, thus, did not compel Plaintiffs to waive any right to which they where entitled. Romero, F. Supp. 2d , 2014 WL 796005, at *57–62. Accordingly, Allstate’s contingency of severance pay and benefits on execution of the Agreement and Release was not akin to the release in Lockheed.
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refuse a conversion at its discretion. When the Program was announced, all R830 and R1500 employee agents were terminated, without exception, with no opportunity to continue working as employee agents of Allstate under their existing contracts. At that point, the employee agents were offered either a base severance package or one of several options contingent upon signature of a Release, one of which was a guaranteed right to convert to independent contractor status. This new right to convert was, therefore, a benefit to which the employees were not otherwise entitled. As the applicable jurisprudence has made clear, the provision of such additional benefits in exchange for the signature of a release waiving a federal claim is not a per se retaliatory policy. To now hold that such a document was, by its very nature, retaliatory would contravene a well-settled congressional policy to permit the use of such releases so long as they comply with certain requirements.8
In short, the Court finds no authority on which to hold the Release at issue retaliatory per se. An employer’s mandate that a departing employee sign a release of federal claims in exchange for some enhanced benefit has been well-regulated by Congress and repeatedly upheld by the courts. The Release requirement at issue was applied in an entirely non-discriminatory manner and affected all employees equally regardless of age or protected activity. Accordingly, the Court rejects any argument that the Release was facially retaliatory.
8 In the Memorandum Opinion of February 27, 2014, this Court found that the offer of an ability to convert constitute adequate consideration sufficient to support the Release. Romero, F. Supp. 2d , 2014 WL 796005, at *57–62.
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2. Whether Allstate Retaliated Against Employee Agents Who Did Not Sign the Release for Engaging in Protected Activity by Refusing to Consider Them for Conversion to the R3001 Contract
The EEOC next argues that, even if the Court does not find that the Release-signing requirement was facially retaliatory, Allstate unlawfully retaliated against the employee agents who did not sign the Release by not allowing them to convert to independent contractor status. Stated differently, the EEOC contends that the refusal to sign the Release constituted protected activity and Allstate’s resulting refusal to allow such agents to remain employed was a causallyconnected adverse employment action, thereby satisfying the elements of a retaliation claim.
To bolster this somewhat novel concept, the EEOC does not cite to any analogous cases, but rather relies on a policy-based argument that retaliation statutes should have broad reach to protect workers in such situations. To that end, it cites to two Supreme Court cases for the proposition that the anti-retaliation provisions were intended to cover a broad range of employer action. First, in Burlington N. & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006) (“BNSF”), the Supreme Court gave a broad interpretation of the retaliation provision of Title VII. Specifically, it remarked that “[t]he antidiscrimination provision seeks a workplace where individuals are not discriminated against because of their racial, ethnic, religious, or gender-based status.” Id. at 63. In turn, “[t]he antiretaliation provision seeks to secure that primary objective by preventing an employer from interfering (through retaliation) with an employee’s efforts to secure or advance enforcement of the Act’s basic guarantees. The substantive provision seeks to prevent injury to individuals based on who they are, i.e., their status. The antiretaliation provision seeks to prevent harm to individuals based on what they do, i.e., their conduct.” Id. The court went on to note that:
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To secure the first objective, Congress did not need to prohibit anything other than employment-related discrimination. The substantive provision’s basic objective of “equality of employment opportunities” and the elimination of practices that tend to bring about “stratified job environments,” . . . would be achieved were all employment-related discrimination miraculously eliminated.
But one cannot secure the second objective by focusing only upon employer actions and harm that concern employment and the workplace. Were all such actions and harms eliminated, the antiretaliation provision’s objective would not be achieved. An employer can effectively retaliate against an employee by taking actions not directly related to his employment or by causing him harm outside the workplace. . . . A provision limited to employment-related actions would not deter the many forms that effective retaliation can take. Hence, such a limited construction would fail to fully achieve the antiretaliation provision’s “primary purpose,” namely, “[m]aintaining unfettered access to statutory remedial mechanisms.” . . .
Thus, purpose reinforces what language already indicates, namely, that the antiretaliation provision, unlike the substantive provision, is not limited to discriminatory actions that affect the terms and conditions of employment. . . .
Id. at 63–64.
Thereafter, in Thompson v. North American Stainless, 131 S. Ct. 863 (2011), the
Supreme Court continued to favor a broad interpretation of the anti-retaliation provisions. In that
matter, after the petitioner’s fiancée filed a sex discrimination charge with the EEOC against
their mutual employer, the employer fired the petitioner. Id. at 867. He filed his own EEOC
charge and a subsequent suit under Title VII of the Civil Rights Act, claiming that the employer
fired him to retaliate against his fiancée for filing her charge. Id. The Supreme Court held that if
the facts alleged by plaintiff were true, his firing by the employer constituted unlawful retaliation
since Title VII’s antiretaliation provision must be construed to cover a broad range of employer
conduct. Id. at 867–68. “It prohibits any employer action that well might have ‘dissuaded a
reasonable worker from making or supporting a [discrimination] charge.’” Id. (citing BNSF, 548
U.S. at 68). Ultimately, the court found it “obvious that a reasonable worker might be dissuaded
20

from engaging in protected activity if she knew that her fiance would be fired.” Id. at 868. Drawing broad and somewhat tenuous inferences from those cases, the EEOC now
asserts that the Congressional purpose behind the anti-retaliation provisions compels the conclusion that activity, such as a refusal to sign a broad release of claims, is protected activity for purposes of a retaliation claim. (EEOC’s Mem. Supp. Mot. Summ. J. 21.) It reasons that antiretaliation provisions prohibit employer actions that are likely to deter victims of discrimination from complaining to the EEOC, the courts, and their employers. The EEOC goes on to argue that, in contravention of that prohibition, Allstate used a “carrot and a stick” approach to obtain Releases from its employee agents. Prior to the Program, employee agents had, as an incident of their employment, the ability to apply and be considered for conversion to the R3001 contract without signing a release. Under the Program, however, if an employee-agent refused to sign the Release, then that agent could not convert to the R3001 contract, even if he or she met all of the current requirements, and therefore could not continue in Allstate’s service. Thus, Allstate’s inclusion within the Program of a disincentive to pursue an employment discrimination claim against Allstate—i.e., the “stick” in Allstate’s efforts—effectuated a retaliatory action against such agents for engaging in the protected activity of refusing to sign the release.
While creative, the EEOC’s argument again rests on faulty assumptions and misplaced legal theories. First, basic retaliation principles undermine the concept that a mere refusal to sign a broad release of claims—some of which may be federal discrimination claims—constitutes protected conduct. It is well established that:
An employee cannot establish retaliation without proving that the employer knew that
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the employee engaged in protected activity. Without knowledge, there can be no retaliatory intent, and thus there can be no causal connection. Knowledge alone, however, is insufficient to prove retaliation.
Barbara T. Lindemann & Paul Grossman, 1 Employment Discrimination Law 1034 (4th ed.
2007) (emphasis in original). The jurisprudence cited by the EEOC underscores this notion. See
EEOC v. L.B. Foster Co., 123 F.3d 746, 753 (3d Cir. 1997) (finding protected activity when the
employee told a supervisor that she intended to file a sex discrimination suit against the
supervisor and the company); Aviles v. Cornell Forge Co., 183 F.3d 598, 603 (7th Cir. 1999)
(holding that threatening to file a charge with the EEOC constitutes protected activity); Gifford v.
Atchison, Topeka & Santa Fe Ry., 685 F.2d 1149, 1156 n.3 (9th Cir. 1982) (writing letter to
employer and union informing them of intent to file EEOC charge is protected).9
With little support for its position, the EEOC now asks the Court to make the broad legal
leap that the decision to not sign a release that waives federal discrimination claims is akin to a
communicated threat or intent to actually file a charge. The mere refusal to sign a release,
however, does not clearly signal that the individual intends to participate in any litigation, let
9 The other cases cited by the EEOC involve situations where the employees had actually filed charges and refused to release specific claims. See Curl v. Reavis, 740 F.2d 1323, 1329 (4th Cir. 1984) (holding that employer’s statement that “if she would drop the [sex discrimination] charges pending at the time . . . she would be transferred to the EOC [sic] as a communications dispatcher,” constituted retaliation); Johnson v. Palma, 931 F.2d 203, 208 (2d Cir. 1991) (holding that prima facie Title VII retaliation case was established by employee against his local union by allegations that employee had filed racial complaint against his employer in state human rights department, that local union refused to proceed with employee’s grievance under collective bargaining procedures until he withdrew his human rights complaint, and that employee was persuaded to withdraw his human rights complaint); Marshall v. Parking Co. of Am.-Denver, 670 F.2d 141, 142 (10th Cir. 1982) (holding that employer’s statement that it would forget employee’s failed lie detector test if he would release the back pay claim against the company constituted retaliation). The present case, by contrast, involves no efforts by Allstate to coerce employees into releasing claims.
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alone litigation which challenges some form of discrimination or other protected activity under
the federal anti-discrimination statutes.10 Moreover, Allstate points to no evidence in the record
indicating that, prior to implementing the Release-signing requirement, any employee agent
threatened to pursue an age discrimination claim against the company. As far as Allstate knew,
the employee agents who refused to sign the Release did so because they wanted to raise some
form of breach of contract claim in connection with their termination, not because they wanted to
pursue litigation against an unlawful discrimination practice.11 Accordingly, this Court declines
to make the tenuous inference that employee agents’ mere refusal to sign a release constituted
some sort of opposition to discrimination that Allstate should have understood to be protected
10 See Barber v. CSX Distrib. Servs., 68 F.3d 694, 701–02 (3d Cir. 1995) (holding that employee’s letter to the human resources department setting forth a general complaint of unfair treatment because someone else received a desired position does not translate into a charge of illegal age discrimination and, thus, cannot constitute protected conduct); see also Jackson v. Unisys, Inc., No. Civ.A.08-3298, 2009 WL 1393736, at *5–6 (E.D. Pa. May 15, 2009) (holding that plaintiff’s attempt to rescind a severance agreement that waived a broad range of claims was not protected activity under the ADEA because it was “not opposition to discrimination on the basis of age because Plaintiff never complained about age discrimination before or during his attempt to rescind the Severance Agreement.”).
11 The EEOC argues that some agents filed charges over the release-signing requirement or discussed their concerns over the discriminatory nature of the Program and the release with the EEOC. Allstate was aware of these efforts and, as of February 2000, had actually implemented a litigation hold because of threatened litigation over the Program. (EEOC Resp. Opp’n Mot. Summ. J. 18–19.)
This argument, however, relies on the wrong time-frame for Allstate’s knowledge. Allstate announced the Program in November 1999 and made clear at that time that none of the terminated agents could continue working for Allstate without signing a Release. Only subsequent to that announcement did agents begin communicating with the EEOC, meaning that prior to taking the allegedly adverse employment action, Allstate had no knowledge of any perceived or threatened litigation.
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activity prior to implementing the Program.12
The EEOC’s policy-based arguments for deeming a refusal to sign to be protected
conduct are similarly unconvincing. Specifically, the EEOC contends that “because of the broad
interpretation due the antiretaliation provisions, and the wide recognition that the purpose of
these provisions is to prohibit employers from deterring victims of discrimination from
exercising their legal rights, this Court should find that individuals who refuse to sign a waiver or
release are protected from employer reprisal.” (EEOC Mem. Supp. Mot. Summ. J. 23.) The
EEOC, however, cites no jurisprudence suggesting that the antiretaliation provisions were
intended to have this broad of a scope. Indeed, to accept this theory would result in findings of
substantive retaliation for all releases that ask employees to waive federal discrimination claims,
regardless of whether those releases comply with the Congressionally-mandated OWBPA
requirements. As noted above, Congress certainly intended no such result.
Second, even were the Court to find that a refusal to sign a Release constitutes protected
activity, the EEOC has failed to prove that the consequent withholding of benefits to which the
employee is not otherwise entitled is an adverse employment action. In Isbell v. Allstate
12 The EEOC’s efforts to analogize cases under the Fair Labor Standards Act (“FLSA”) are misguided. The EEOC cites to two cases in which the courts found that the refusal to release overtime pay claims under the FLSA constitutes protected activity. See Brock v. Richardson, 812 F.2d 121, 124 (3d Cir. 1987) and Brock v. Casey Truck Sales, 839 F.2d 872, 879 (2d Cir. 1987). These cases, however, are inapposite to the present matter. It is well established that unlike claims of federal discrimination that may be waived via a proper release that complies with OWBPA, claims to back pay or overtime pay under the FLSA may not be released. Barrentine v. Arkansas-Best Freight Sys., Inc., 450 U.S. 728, 740 (1981) (“This Court’s decisions interpreting the FLSA have frequently emphasized the nonwaivable nature of an individual employee’s right to a minimum wage and to overtime pay under the Act. Thus, we have held that FLSA rights cannot be abridged by contract or otherwise waived because this would ‘nullify the purposes’ of the statute and thwart the legislative policies it was designed to effectuate.”).
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Insurance Co., 418 F.3d 788 (7th Cir. 2005), the Seventh Circuit addressed this precise argument
under this precise factual scenario and rejected it. In that matter, the plaintiff was an employee
agent of Allstate who was terminated as part of the identical Program at issue here. Id. at
790–91. The plaintiff declined to sign the release and brought, in part, a retaliation claim against
Allstate. Id. at 792. On appeal, she framed her retaliation theory by “claiming that Allstate
retaliated against her when it refused her ‘the opportunity to work for Allstate albeit under a
different contract unless she signed the release.’ [Plaintiff] thus argues that Allstate could not
require her to sign the Release as a condition to becoming an independent contractor with the
Company.” Id. at 793. The Seventh Circuit pointedly rejected this theory, finding that the
plaintiff “was not a victim of retaliation.” Id. It explained that:
Her reason for termination was the same for all employees at Allstate who were similarly situated. She had four options. Three of those options had various incentives and benefits in exchange for the release. In order to be valid, a release, like all agreements, must be supported by consideration. See, e.g., 29 U.S.C. § 626(f)(1)(D) (stating that for a release to be valid under the Older Workers Benefits Protection Act, a release must be supported by consideration). An employee who refuses to sign a release will not be offered the same deal as a terminated employee who is willing to sign the release.
It is also clear that Isbell did not lose her job, because she refused to sign the Release. She lost her job for the same reason 6,400 other employee agents of Allstate lost theirs, including those who signed the Release—because Allstate had decided to eliminate all employee agent positions with the Company. Isbell’s fellow plaintiff Schneider signed the Release, yet he too lost his job as an employee agent. The district court did not err in granting summary judgment in Allstate’s favor on Isbell's claim of retaliation.
Id.
This case presents the identical facts. The employee agents who did not sign the Release
were terminated for the same reason as those who signed the Release—Allstate chose to end its
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employee agent program in lieu of an independent contractor agency force. Regardless of
whether an employee agent signed the Release, they could no longer continue to act as employee
agents for Allstate under either the R830 or R1500 contract.13 Their only option in order to
continue in some form of employment with Allstate was to sign the Release and convert to the
R3001 contract, which was an entirely different form of employment than what they had
previously had. As the Court explained in great detail in its Memorandum of February 27, 2014,
and has re-emphasized above, the right to convert to the R3001 contract was something more
than what the employee agents were entitled to at the time of termination, and thus served as
consideration for the Release. The right to convert was never part and parcel of the original
employment agreement. It is well settled that there is no retaliation where an employer withholds
benefits from an employee who declines to sign a release where the employee is not otherwise
entitled to such benefits.14 See Mitchell v. MG Indus., Inc., 822 F. Supp. 2d 490, 503 (E.D. Pa.
13 The EEOC’s efforts to distinguish Isbell are entirely unconvincing. The EEOC contends that, in Isbell, the court characterized the plaintiff’s claim as a challenge to her termination as an employee agent, not Allstate’s refusal to convert employee agents to the R3001 contract. In this case, however, the EEOC claims that it does not allege that Allstate retaliated against those who did not sign the release by terminating their employer, but rather by refusing to consider them for conversion to the R3001 contract.
Notably, however, on appeal in Isbell, the plaintiff re-characterized her claim as precisely the one at issue in this case: “Allstate retaliated against her when it refused her ‘the opportunity to work for Allstate albeit under a different contract unless she signed the release.’” Id. at 793. The Seventh Circuit rejected this theory of retaliation. Id.
14 Allstate places heavy reliance on the Rule 30(b)(6) deposition testimony of former President of Property and Casualty Richard Cohen, who testified that Allstate was not interested in terminating agents, but that continuation of employment was contingent upon signing a release. (EEOC Mot. Summ. J., Ex. 10, Rule 30(b)(6) Deposition of Richard Cohen, 191:21–193:14, Feb. 7, 2013.) Such testimony does nothing to change the Court’s ruling on the retaliation claim. While Allstate may have hoped that many agents would choose the conversion option of the Program, the fact remained that all employee agents were being terminated, regardless of whether they signed the Release, and that they could choose one of several options
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2011) (“Muller’s retaliation claim fails because MG denied him severance benefits only after he refused to sign the same general Release and Waiver required of all MG employees seeking similar benefits, and Muller therefore cannot show benefits were denied because of his EEOC charge rather than his failure to sign the release.”). Nor is there any evidence that employee agents who did not sign the Release and brought charges against Allstate were threatened with some form of retaliation or coercion in order to get them to drop the charges.
Moreover, the EEOC’s theory of adverse employment action completely disregards the fact that the Program and Release at issue offered a total of four different options to terminated employees. In exchange for signing the Release, an employee agent was not limited to converting to the R3001 contract. Rather, he or she could also elect to obtain an immediately transferable economic interest in a book of business with a bonus and debt forgiveness, or an enhanced severance package. The EEOC concedes that these latter two options provided benefits to which employee agents were not otherwise entitled and, thus, the mere offer of such options would not constitute per se retaliation. Had Allstate structured its Program to offer only these options plus the base severance option—thereby eliminating the conversion option—the EEOC, by its own admission, would have nothing on which to hang a claim of retaliation. Therefore, it makes little sense to find that by adding a fourth option—conversion to an independent contractor status and an ability to work in a different capacity for Allstate—that Allstate suddenly
at that juncture. One of those options was conversion to an independent contractor contract—a form of employment that was structurally different than their previous employment—and that option required the signing of Release. While the EEOC attempts to argue that the refusal to consider non-signers for the R3001 contract shows a causal connection between the protected activity and the adverse action, this argument again relies on the faulty presumption that conversion to the R3001 contract was a privilege of employment.
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engaged in actionable retaliation. As such, the Court declines to accept the EEOC’s theory that employees who did not sign
the Release were retaliated against for engaging in the protected activity of refusing to release their employment discrimination claims. In turn, the Court rejects this portion of the EEOC’s Motion.
3. Whether Allstate Engaged in Anticipatory Retaliation Against Employee Agents Who Signed the Release
The EEOC’s third and final theory of retaliation contends that Allstate unlawfully retaliated against employee agents who signed the Release by threatening that they could not bring employment discrimination claims in order to work as an R3001 agent. It goes on to assert that such conduct constituted anticipatory retaliation by preemptively precluding the filing of discrimination claims in exchange for a right to continue to work as a sales agent for Allstate in the future.
As a springboard for this theory, the EEOC relies heavily on the case of Commonwealth of Massachusetts v. Bull H.N. Information Systems, Inc., 16 F. Supp. 2d 90 (D. Mass. 1990). In that matter, the defendant employer had approximately 4,500 employees in Massachusetts as of December, 1998, when it engaged in a reduction-in-force leaving only 3,000 employees. Id. at 94. Several of the laid-off employees filed age discrimination complaints with the EEOC and the Massachusetts Commission Against Discrimination (“MCAD”). Id. In 1993, the Massachusetts Attorney General initiated an investigation into Bull’s employment practices and, subsequently, intervened in a complaint alleging that the employer was engaged in a pattern and practice of age discrimination, and that older employees had been disproportionately affected by the lay-offs
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between 1990 and 1994. Id. Prior to the Attorney General’s investigation, the employer had a longstanding severance pay plan in effect that offered one week of base pay for each year of service to certain employees who were laid off. Id. The employer revised this severance plan effective July 5, 1994, after the Attorney General’s investigation had begun. Id. Under the new plan, laid-off employees were required to sign a waiver of rights, including ADEA rights, before receiving any severance pay. Id. at 95. This “General Release and Severance Agreement” provided that in exchange for receiving severance benefits, an employee gives up the ability to sue the employer for any current or prior claims arising out of the employee’s employment with the employer. Id. The amount of severance pay under the new plan did not change. Id. The severance plan further provided that if an employee who executed a release later brought or maintained any claim covered by the agreement, he or she would be required to return all severance paid and would have to indemnify the employer for all attorneys fees, costs and expenses associated with defending the complaint or claim. Id.
On review, the Tenth Circuit Court of Appeal confronted a retaliation claim premised on the employer’s alleged “threats” of retaliation. The Commonwealth alleged that the employer had “a finger on the trigger of a gun pointed at each of the former employees who signed the waivers. The moment one of them engages in conduct clearly protected by the ADEA—filing a charge, participating in litigation—the trigger is pulled.” Id. at 109. The Court agreed and held that it did not “believe that section 626(d) requires that the Commonwealth sit idly by and wait until that moment before seeking the Court’s assistance under this provision.” Id. It reasoned that “[t]he Commonwealth’s claim . . . arises out of the harm that [the employer] threatens to inflict against employees who file a charge of discrimination after signing a waiver. The filing of
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a charge or lawsuit is unambiguously a protected activity under section 623(d) . . .”15 Id. According to the EEOC, numerous courts have followed suit and similarly found that
threats of retaliation, in place of actual protected activity, are enough to constitute actionable retaliation. See Sauers v. Salt Lake Cnty., 1 F.3d 1122, 1128 (10th Cir. 1993) (“Action taken against an individual in anticipation of that person engaging in protected opposition to discrimination is no less retaliatory than action taken after the fact; consequently, we hold that this form of preemptive retaliation falls within the scope of 42 U.S.C. § 2000e-3(a).”); Beckel v. Wal-Mart Assoc., Inc., 301 F.3d 621, 624 (7th Cir. 2002) (“Even if there were admissible evidence that Wal-Mart had threatened the plaintiff with firing her if she sued, this would not make out a case of equitable estoppel. Such a threat would be a form of anticipatory retaliation, actionable as retaliation under Title VII.”); EEOC v. Bojangles Rests., Inc., 284 F. Supp. 2d 320, 328 (M.D.N.C. 2003) (holding that Title VII’s antiretaliation clause covers preemptive employer actions and precludes an employer from discriminating against an employee it fears will later engage in protected activity). Relying on these cases, the EEOC then reasons that Allstate clearly anticipated that agents would engage in protected activity and, as a result, forced agents to sign the Release and waive their rights in order to become an R3001 agent.
While the Court acknowledges the principle of anticipatory or preemptive retaliation, the EEOC’s effort to apply it to the present case ignores two crucial distinguishing factors. First, in all of the cited cases dealing with preemptive retaliation, the facts followed a similar temporal
15 Ultimately, however, the court did not need to decide the case on an anticipatory retaliation theory as the defendant actually retaliated against one individual, who filed an age discrimination claim after signing the waiver, by seeking the return of severance paid under the waiver agreement. Id.
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sequence: the employer was made aware of or reasonably feared the employee’s specific intent to engage in protected activity and subsequently the employer engaged in the retaliatory activity. For example, in Bojangles Restaurants, the court emphasized that anticipatory retaliation claims were based on “the employer’s knowledge or perception of an employee’s status or actions which result in an intentional act of discrimination.” 284 F. Supp. 2d at 328. The plaintiff in that matter satisfied the element of protected activity by alleging that her fiancé had announced his intention to file a complaint with the EEOC against their joint employer. Id. at 329. Shortly thereafter, the plaintiff was the subject of adverse employment action and was not allowed to return to work. Id. The court found that the plaintiff could reasonably be perceived as someone likely to aid the fiancé with his complaints against the employer, regardless of the fact that the fiancé had not yet filed a complaint of discrimination. Id. at 330. Likewise in Beckel, the employee’s termination came after she complained to one of her supervisors about sexual harassment. 301 F.3d at 622. Finally, in Sauers, the plaintiff had produced a tape-recorded conversation where the employer had expressed his fear that the plaintiff would file sexual harassment charges against him due to his previous sexual advances towards her, and shortly thereafter she was transferred from her job. Id. at 1128. The Court found that the plaintiff’s opposition to discrimination, made known to her employer, constituted protected activity even though the adverse action came prior to her filing of a legal claim. Id. Put succinctly, in all of these cases the employer had some knowledge of the employee’s concerns about discrimination or intent to pursue a discrimination claim, which then triggered the adverse employment action, even though the employee had not yet actually filed a claim or charge.
By contrast, in the present case, the EEOC points to no evidence in the record to
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demonstrate that, prior to the announcement of the Program or the implementation of the Release-signing requirement, any lawsuits involving any protected rights were threatened or any complaints of discrimination were made. Rather, Allstate simply terminated its employees and then offered them several options—one of which was re-employment under a different contract— in exchange for signing a Release. Although Allstate may have feared that the mass termination of over 6,000 employees would result in some litigation, thus prompting their use of the Release, it is a fairly safe assumption that such releases are generally used by employers—and permitted by the courts—precisely to avoid such potential litigation. Nothing in the facts indicates that Allstate had reasonably specific fears of federally-protected litigation, such as discrimination or ERISA-based suits. This Court cannot now envision any anticipatory retaliation theory which would encompass such a scenario.
Second, in the anticipatory retaliation cases cited by the EEOC, the employer clearly threatened some form of adverse employment action following the protected activity. For example, in Bull H.N. Info. Sys., the employer told employees that if they brought ADEA claims in violation of the waiver, the employer would seek the return of severance payments and indemnification of the company. 16 F. Supp. 2d 109. The court found that because such threatened retaliation was clearly illegal, the employees did not need to wait for it to happen before bringing a retaliation claim. Id. Likewise, in EEOC v. Cognis Corp., No. Civ.A.10-2182, 2012 WL 189372 (C.D. Ill. May 23, 2012), the employer required the employee to sign a release of claims or otherwise face termination. Id. at *4. The employee signed it and then revoked his signature, immediately resulting in termination. Id. at *5.
Here, whether or not employee agents signed the Release, they were terminated with no
32

ability to continue in their former positions. The Release had no bearing on the termination of the previous employment contracts. Allstate then offered the employee agents a new nonemployee position if they signed the Release. Crucially, however, they did not stand to lose any of their benefits if they brought claims prohibited by the Release, and Allstate never threatened them with any adverse actions. Indeed, the record is devoid of evidence that any of the Plaintiffs in Romero I and Romero II—who have filed multiple claims expressly waived under the Release’s terms—have been terminated from the R1500 contracts, have had to return any of their conversion benefits, or have had to reimburse Allstate for any other enhanced severance as a result of filing such claims.
In short, the EEOC’s theory of anticipatory retaliation has no application to the present case. At no point prior the announcement of the Program did Allstate face any threatened charges or lawsuits. Moreover, and particularly with respect to the employees who signed the Release, Allstate did not take or threaten to take any adverse action against such employees for bringing EEOC charges or lawsuits. Accordingly, the Court rejects this theory.
3. Conclusion as to Whether the Release Was Retaliatory At its core, the Program implemented by Allstate presents a situation common to the employer-employee workplace—a group termination or reduction-in-force of which one component is a general release of claims, including federal discrimination claims. To the extent that the Release at issue does not comply with the statutory and federal common law prerequisites for such documents, the appropriate remedy is invalidation of the Release. As the Court noted in the previous Memorandum and Order, the Release at issue clearly suffers from several infirmities that could potentially affect its validity.
33

The EEOC’s Amended Complaint, however, goes one step further and attempts to turn these infirmities into a substantive violation of the anti-retaliation statutes. Under any reasonable analysis, these efforts are the proverbial attempt to fit a square peg into a round hole. The antiretaliation provisions were simply not meant to address this type of scenario. To hold otherwise would open the door for retaliation claims any time an employer uses a release of claims, regardless of whether the use of that release is discriminatorily employed. Given the well-settled and abundantly logical jurisprudence regarding releases and retaliation, this Court declines to open that door and, therefore, grants Allstate’s Motion for Summary Judgment and denies the EEOC’s Motion for Summary Judgment with respect to the retaliation claims.
B. ADA Interference, Coercion, and Intimidation Claim In an alternative argument, the EEOC asserts that, regardless of how the Court rules concerning the retaliation claims, section 503(b) of the Americans With Disabilities Act has a unique provision that furnishes an additional basis for relief. Specifically, it contends that by its express terms, this statute makes Allstate’s “sign the release or leave” scheme unlawful. Upon review, the Court finds that this provision does not apply. Section 503(b) states, “[i]t shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.” 42 U.S.C. § 12203(b). “The scope of this second anti-retaliation provision of the ADA ‘arguably sweeps more broadly’ than the first.” Fogleman v. Mercy Hosp., Inc., 283 F.3d 561, 570 (3d Cir. 2002) (quoting Mondzelewski v. Pathmark Stores, Inc., 162 F.3d 778, 789 (3d Cir. 1998)). “In particular, unlike
34

the first provision, the text of this provision does not expressly limit a cause of action to the particular employee that engaged in protected activity.” Id. Although there is little jurisprudence interpreting this provision, “[t]he language of the statute and what case law there is . . . make clear that to establish a violation of § 12203 plaintiffs must show that when the coercion took place they were exercising or enjoying a right protected by the ADA.” Wray v. Nat’l R.R. Passenger Corp., 10 F. Supp. 2d 1036, 1040 (E.D. Wis. 1998) (citing Roth v. Lutheran Gen. Hosp., 57 F.3d 1446 (7th Cir.1995); Doe v. Kohn, Nast & Graf, P.C., 866 F. Supp. 190 (E.D. Pa. 1994)). Plaintiff need not be “disabled” to prosecute a claim for retaliation or coercion under the ADA, rather “a reasonable good faith belief that the statute has been violated suffices.” Selenke v. Med. Imaging of Colorado, 248 F.3d 1249, 1264 (10th Cir. 2001). “The plain words of the statute . . . preclude a party from intimidating or coercing another party not to exercise his rights under the ADA, as well as barring interference against a person who has exercised his rights under the ADA.” Breimhorst v. Educ. Testing Serv., No. Civ.A.99-3387, 2000 WL 34510621, at *7 (N.D. Cal. Mar. 27, 2000) (citing Doe, 866 F. Supp. at 197 (lawyer stated a claim under § 503(b) when his law firm asked him to leave because it learned he intended to file an ADA complaint against them); Bingham v. Oregon Sch. Activities Ass’n, 24 F. Supp. 2d 1110, 1118–19 (D. Or. 1998) (policy that discouraged disabled students from making requests for accommodation violated § 503(b))).
The question, therefore, becomes whether—when Allstate allegedly “coerced,” “threatened,” or “intimidated” its employee agents into signing the Release for fear of being forced to leave Allstate’s employ—the employees were enjoying a right protected by the ADA. Title I of the ADA seeks to eliminate employment discrimination against individuals with
35

disabilities. 42 U.S.C. § 12101(b)(1). It prohibits covered entities from discriminating against “a qualified individual with a disability because of the disability . . . in regard to . . . discharge of employees.” 42 U.S.C. § 12112(a). The EEOC, however, does not contend—and nothing in the record suggests—that any of the employee agents at issue were exercising any rights under the ADA, i.e., rights in connection with the prohibition of disability discrimination and/or obtaining a reasonable accommodation for an employee with a disability. Nor is there any indication that any of the employee agents intended or communicated to Allstate an intent to file any cause of action under the ADA in connection with their termination under the Program.
In sum, the EEOC’s reliance on a provision from the ADA is inapplicable to the present case. The EEOC attempts to argue that section 503(b) provides an independent ground for finding that Allstate acted unlawfully when it deprived its employee agents of their right to convert to the R3001 contract under established prerequisites without signing the Release. This contention, however, reads section 503(b) in a vacuum and completely disregards its statutory framework of the Americans With Disabilities Act. Absent a showing that the employee agents were enjoying or exercising a right protected by the ADA, the EEOC cannot simply invoke a provision within that Act in order to hold Allstate substantively liable. As such, the Court grants summary judgment in favor of Allstate and against EEOC on this claim. IV. CONCLUSION
In light of the foregoing, the Court finds that there is no genuine issue of material fact precluding an entry of judgment in this case. As set forth in the Memorandum Opinion of February 27, 2014, the Court certainly questions the validity of the Release signed by Allstate’s former employee agents. The Court does not, however, find that the Release constitutes a
36

substantive violation of the anti-retaliation provisions set forth in any of the federal discrimination statutes at issue. Accordingly, the Court grants Allstate’s Motion for Summary Judgment and denies the EEOC’s Motion for Summary Judgment.
An appropriate Order follows.
37

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

ALLSTATE INSURANCE COMPANY, et al. :

:

Defendants.

:

CIVIL ACTION NO. 01-3894 CONSOLIDATED WITH NO. 01-6764 NO. 01-7042

MEMORANDUM

BUCKWALTER, S.J.

October 6, 2014

Currently pending before the Court is the Motion for Class Certification of Plaintiffs

Gene R. Romero, et al. (collectively “Plaintiffs”) and Plaintiffs’ accompanying Motion to Strike

the Declaration of Martin H. Redish submitted by Defendants Allstate Insurance Company et al.

(collectively “Allstate”). For the following reasons, the Motion to Strike is granted and the

Motion for Class Certification is denied.

I. FACTUAL BACKGROUND

As this Court has previously stated, the factual and procedural history of this case is long

and tortured, commencing in 1999 and continuing to the present day. The underlying facts are

well known to the parties and were reviewed in great detail in the Court’s Memorandum Opinion

dated February 27, 2014. In lieu of rehashing this complicated history, the Court incorporates by

reference the recitation of facts set forth in the previous Memorandum. Romero v. Allstate Ins.

Co., 1 F. Supp. 3d 319, 2014 WL 796005, at *1–27 (E.D. Pa. Feb. 27, 2014).

Nevertheless, for purposes of the Motion for Class Certification, a brief summary of the

core facts giving rise to this matter provides some instructive context. This case revolves around

Allstate’s announcement and implementation of its Preparing for the Future Group Reorganization Program (“the Program”). Prior to November 1999, the majority of Allstate’s captive agency force acted as employee agents under either an R830 or an R1500 contract and were entitled to a wide range of company-sponsored health, welfare, and retirement benefits. On November 10, 1999, Allstate announced the Program by noting that, as part of a new business model, it was reorganizing its entire captive agency force into a single exclusive agency independent contractor program. With few exceptions, Allstate terminated the employment contracts of the 6,200-plus R830 and R1500 employee agents effective no later than June 30, 2000. While the Program applied to all agents regardless of age, productivity, or performance, approximately ninety percent of the R830/R1500 agents were over forty years of age.
In connection with the termination of the R830 and R1500 employment contracts, Allstate offered the agents working under those contracts four options. The first three options were conditioned upon the agents’ agreement to execute a release of claims, while the fourth option was not. The first “release-based” option was the “EA Option.” According to the Program Information Booklet, this option would allow the agent to enter into an R3001C or R3001S Agreement, thereby converting the agent from an employee to an Exclusive Agent (“EA”) independent contractor. The agent would then be entitled to all of the benefits and requirements of that contract, including increased renewal commissions, a conversion bonus, earlier transferability in the agent’s book of business, debt forgiveness, and reimbursement for moving expenses if necessary. The R3001 contract, however, did not entitle agents to the same employee benefits.
The second option was the “Sale Option.” This option also permitted an agent to enter
2

into an R3001C/S Agreement with Allstate, thus converting the agent to an EA independent contractor. In turn, the agent would receive a “conversion bonus” and Allstate would forgive any advances owed, assume certain lease and advertising obligations the agent incurred as an employee agent, and permit the agent, after thirty days’ service as an EA, to sell his or her book of business written while an R830 or R1500 agent. This option also required the agent to sign a release.
The third option was the “Enhanced Severance Option.” Under this option, Allstate would pay the agent “enhanced” severance equal to one year’s pay based on the greater of 1997 or 1998 total compensation, forgive debt and/or expenses that Allstate had advanced to the agent, and relieve the agent of certain lease and advertising obligations incurred as an R830 or R1500 agent. This option was unavailable unless the agent signed a release.
The final option was the “Base Severance Option.” If an agent elected this option, then Allstate paid him or her up to thirteen weeks of pay. The agent electing this option did not need to enter into a release, although he/she was subject to certain additional non-compete and nonsolicitation obligations. Notably, Allstate had determined that agents affected by the Program were ineligible for the pre-existing severance or post-termination pay plans because they were not terminated for any of the reasons set forth in those plans. Allstate also took the position that the pre-existing severance/post-termination pay plans were inapplicable because they did not apply to group reorganization programs.
The Release required by the first three options was three pages long, including a signature page. The Release and Waiver Provision stated:
In return for the consideration that I am receiving under the Program, I hereby
3

release, waive, and forever discharge Allstate Insurance Company, its agents, parent, subsidiaries, affiliates, employees, officers, shareholders, successors, assigns, benefits plans, plan administrators, representatives, trustees and plan agents (“Allstate”), from any and all liability, actions, charges, causes of action, demands, damages, entitlements or claims for relief or remuneration of any kind whatsoever, whether known or unknown, or whether previously asserted or unasserted, stated or unstated, arising out of, connected with, or related to, my employment and/or the termination of my employment and my R830 or R1500 Agent Agreement with Allstate, or my transition to independent contractor status, including, but not limited to, all matters in law, in equity, in contract, or in tort, or pursuant to statute, including any claim for age or other types of discrimination prohibited under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Employee Retirement Income Security Act (“ERISA”), the Illinois Human Rights Act, and the West Virginia Human Rights Act as those acts have been amended, or any other federal, state, or local law or ordinance or the common law. I further agree that if any claim is made on my behalf with respect to any matter released and waived above, I hereby waive any rights I may have with respect thereto and agree not to take any payments or other benefits from such claim. I understand that this release and waiver does not apply to any future claims that may arise after I sign this Release or to any benefits to which I am entitled in accordance with any Allstate plan subject to ERISA by virtue of my employment with Allstate prior to my employment termination date.
(Allstate’s Mot. Summ. J. on the Validity of the Release, Heinz Decl., ECF No. 370, Nos.
Civ.A.01-3894, 01-6764, Ex. 186 (“Release”), at ARI 004101.)
As a result of this Program and Release, several employee agents subject to the Program
brought age discrimination charges against Allstate with the Equal Employment Opportunity
Commission (“EEOC”) and subsequently initiated two federal cases against Allstate: Romero v.
Allstate Ins. Co., No. Civ.A.01-3895 (“Romero I”) and Romero v. Allstate Ins. Co., No.
Civ.A.01-6746 (“Romero II”). Shortly thereafter, the EEOC brought its own action against
Allstate, on December 27, 2001, alleging that Allstate unlawfully retaliated against all employee
agents, in violation of the ADEA and other federal employment statutes, by refusing to permit
them to continue as Allstate employees unless they signed the Release. Via this action, the
4

EEOC sought a declaratory judgment that the Release is invalid. (EEOC v. Allstate Ins. Co., No. Civ.A.01-7042 (“EEOC v. Allstate”).)
On February 27, 2014, the Court issued a more than 150-page Opinion ruling on the parties’ Cross-Motions for Summary Judgment as to the Validity of the Release.1 Romero v. Allstate Ins. Co., 1 F. Supp. 3d 319 (E.D. Pa. 2014). In that Memorandum, the Court found that although the Release at issue satisfied the statutory prerequisites of the Older Workers Benefit Protection Act (“OWBPA”), 29 U.S.C. § 626(f)(1), a genuine issue of material fact existed as to whether Plaintiffs knowingly and voluntarily signed the Release under a totality of the circumstances test. Id. at *81. Accordingly, the Court denied both parties’ Motions and directed that the issue regarding the validity of the Release be decided by a jury. Subsequently, on March 13, 2014, the Court granted Allstate’s Motion for Summary Judgment on the EEOC’s claim and dismissed that action in its entirety. Romero v. Allstate, Ins. Co., 3 F. Supp. 3d 313 (E.D. Pa. 2014).
On May 23, 2014, Plaintiffs filed the current Motion for Class Certification of Certain Release Issues Pursuant to Fed. R. Civ. P. 23(c)(4) and 23(b)(2). Allstate responded on June 30, 2012, and Plaintiffs filed a Reply Brief on July 28, 2014, making this Motion ripe for judicial consideration. II. MOTION TO STRIKE DECLARATION
As an initial matter, the Court must address Plaintiff’s Motion to Strike the Declaration of Martin H. Redish. Professor Redish is a Professor of Law and Public Policy at Northwestern
1 For purposes of brevity, the Court does not rehash the extensive procedural history of this case, much of which took place in proceedings before both another judge and the Third Circuit Court of Appeals.
5

University School of Law. In addition, he is the author or co-author of sixteen books and over 100 scholarly articles, including one of the leading civil procedure casebooks in the nation, and is one of the primary revisers of Moore’s Federal Practice. His Declaration—submitted in conjunction with Allstate’s Response in Opposition to the Motion for Class Certification—is a lengthy, law review-like statement on the propriety of class certification in this case, and is broken up into the following sections: (1) the benefits and risks of the modern class action; (2) doctrinal and rule-based methods of assuring the fairness and efficiency of the class action; and (3) application of the cost-benefit efficiency and fundamental and fairness analyses to the Romero Plaintiff’s Motion for Class Certification. In presenting his position, Professor Redish’s Declaration relies on case law, well-known legal treatises, and various law review articles. Plaintiffs now contend that the Declaration is nothing more than a legal opinion that is outside the scope of permissible expert testimony. Allstate responds that the Declaration is being submitted only to the Court, and not to a jury, and will be helpful to the Court in deciding the complicated issue of class certification.
As a threshold matter, the court must determine whether Federal Rule of Evidence 702 and the Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), present any barriers to the court’s consideration of the expert opinions of Professor Redish. Rule 702 provides:
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.
6

Fed. R. Evid. 702. Rule 702 places district courts in the role of “gatekeeper,” requiring courts to “‘ensure that any and all [expert] testimony . . . is not only relevant, but reliable.’” Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 147 (1999) (quoting Daubert, 509 U.S. at 589). The party offering an expert must demonstrate, by a preponderance of the evidence, that the expert’s qualifications and opinions comply with Federal Rule of Evidence 702. See Daubert, 509 U.S. at 592–93 (citation omitted). Rule 702 has “a liberal policy of admissibility.” Pineda v. Ford Motor Co., 520 F.3d 237, 243 (3d Cir. 2008) (citation omitted).
The Third Circuit has not explicitly addressed the question of whether expert testimony must satisfy Daubert at the class certification stage. The Supreme Court, however, has strongly suggested that a full Daubert examination may be necessary prior to class certification. See WalMart Stores, Inc. v. Dukes, U.S. , 131 S. Ct. 2541, 2553–54 (2011) (“The District Court concluded that Daubert did not apply to expert testimony at the certification stage of class-action proceedings. We doubt that is so . . .” (internal citation omitted)). Furthermore, the Third Circuit has explained that “opinion testimony should not be uncritically accepted as establishing a Rule 23 requirement merely because the court holds the testimony should not be excluded, under Daubert or for any other reason.” In re Hydrogen Peroxide Antitrust Litig., 552 F.3d 305, 323 (3d Cir. 2005). “Inherent in that statement is the conclusion that a court could, at the class certification stage, exclude expert testimony under Daubert.” Behrend v. Comcast Corp., 655 F.3d 182, 215 n.18 (3d Cir. 2011) (Jordan, J., concurring in the judgment in part and dissenting in part).
Interpreting these holdings to mean that Daubert principles are relevant at the class certification stage, the Court thus reviews Professor Redish’s Declaration for admissibility. It is
7

well established that expert testimony that usurps the role of either the jury or the court is not admissible. Charles A. Wright & Victor J. Gold, Federal Practice & Procedure § 6264 (2d ed. 1997). As explained by the Third Circuit:
[T]he District Court must ensure that an expert does not testify as to the governing law of the case. Although Federal Rule of Evidence 704 permits an expert witness to give expert testimony that “embraces an ultimate issue to be decided by the trier of fact,” an expert witness is prohibited from rendering a legal opinion . . . . Such testimony is prohibited because it would usurp the District Court’s pivotal role in explaining the law to the jury. Berckley Inv. Grp., Ltd. v. Colkitt, 455 F.3d 195, 217 (3d Cir. 2006) (internal citations omitted). In the present case, Professor Redish’s Declaration clearly violates the foregoing principles. While Allstate goes to great lengths to portray the nature of this case as excessively complicated and Professor Redish’s testimony as specialized and unique, the fact remains that Professor Redish’s Declaration is nothing more than a legal opinion. Indeed, as noted above, Professor Redish offers no particularized knowledge of any of the factual issues relevant to a class certification analysis. Rather, he puts forth his own legal analysis—based on his experience as a legal scholar—of the factors that he believes the Court should weigh most heavily in its Rule 23 consideration and how the Rule 23 factors advocate against class certification. His opinion is based in case law and citation of law reviews and treatises. In other words, Professor Redish’s Declaration can either be considered an additional brief in support of Allstate’s Opposition to the Motion for Class Certification—one not authorized by Court rules—or a proposed judicial opinion. While the Court acknowledges that Professor Redish likely possesses both a fine grasp of these legal issues and an awareness that Rule 23 concerns present several unique challenges to jurists, the Court is specifically charged with conducting its own individual analysis of the issues.
8

Were his Declaration to be given weight as an “expert” opinion, the Court would essentially be
abdicating its duties and permitting Professor Redish to usurp the Court’s role as the legal expert.2 Accordingly, the Court declines to consider his Declaration and strikes it.
III. MOTION FOR CLASS CERTIFICATION Having disposed of this preliminary matter, the Court now turns to Plaintiffs’ request for
class certification with respect to specific issues in this case. Rule 23 of the Federal Rules of
Civil Procedure contains the prerequisites for class certification. Dukes, 131 S. Ct. at 2548. A
class may be certified only if the court is satisfied after a “rigorous analysis” that the prerequisites
of Rule 23 have been satisfied. Beck v. Maximus, Inc., 457 F.3d 291, 297 (3d Cir. 2006). The
analysis must include separate determinations as to the suitability of each claim for certification.
See Wachtel v. Guardian Life Ins. Co. of Am., 453 F.3d 179, 187 (3d Cir. 2006).
To obtain class certification, plaintiffs must initially establish that each requirement of
Rule 23(a) is met, together with one of the requirements of Rule 23(b). Baby Neal v. Casey, 43
F.3d 48, 55 (3d Cir. 1994). Pursuant to Rule 23(a), a class may be certified only if:
2 The Court acknowledges Allstate’s citation to Midwestern Machinery v. Northwest Airlines, Inc., 211 F.R.D. 562, 568 (D. Minn. 2001)—wherein the court permitted the expert opinion from a law professor concerning class certification issues—but disagrees with the conclusion reached in that case. First, contrary to Allstate’s statement in its brief, the Midwestern Machinery court did not explain that “‘testimony by an attorney or legal scholar on legal issues’ can be permissible in class certification proceedings.” (Def.’s Resp. Opp’n Class Cert. 6.) Rather, the court rejected plaintiff’s argument that the affidavit constituted an inadmissible legal opinion and violated local rules regarding limits on legal memoranda because, “[t]aken to the extreme, Plaintiffs’ theory would argue against testimony by any attorney or legal scholar on legal issues.” Midwestern Mach., 211 F.R.D. at 568. Second, that case arose in the District of Minnesota. The Third Circuit—by whose dictates this Court is bound—has made clear that expert testimony that usurps the role of the court is not admissible.
9

(1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class. Fed. Civ. P. 23(a). If the requirements of Rule 23(a) are satisfied, Rule 23(b) sets forth the types of class actions which may be maintained. Plaintiffs, in this case, move for certification under Rule 23(b)(2), which states that “[a] class action may be maintained if Rule 23(a) is satisfied and if “the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.” Fed. R. Civ. P. 23(b)(2). The current case, however, presents somewhat of a deviation from the typical certification analysis as Plaintiffs seek only a limited certification, under Federal Rule of Civil Procedure 23(c)(4), of certain individual issues. Rule 23(c)(4) provides that, “[w]hen appropriate, an action may be brought or maintained as a class action with respect to particular issues.” Fed. R. Civ. P. 23(c)(4). Certification of particular issues under Rule 23(c)(4) is only proper if the other requirements of Rule 23(a) and (b) are first met. 7A C. Wright, A. Miller, & R. Kane, Federal Practice & Procedure § 1790, at 590 (2005). The Third Circuit has held that issue certification is a matter left to the Court’s discretion, but the decision to certify a particular issue, like any other certification decision under Rule 23, “must be supported by rigorous analysis.” Hohider v. United Parcel Serv., Inc., 574 F.3d 169, 200–02 (3d Cir. 2009). It has reasoned that when deciding whether to certify an issue class, the trial court should consider:
10

the type of claim(s) and issue(s) in question; the overall complexity of the case; the efficiencies to be gained by granting partial certification in light of realistic procedural alternatives; the substantive law underlying the claim(s), including any choice-of-law questions it may present and whether the substantive law separates the issue(s) from other issues concerning liability or remedy; the impact partial certification will have on the constitutional and statutory rights of both the class members and the defendant(s); the potential preclusive effect or lack thereof that resolution of the proposed issue class will have; the repercussions certification of an issue(s) class will have on the effectiveness and fairness of resolution of remaining issues; the impact individual proceedings may have upon one another, including whether remedies are indivisible such that granting or not granting relief to any claimant as a practical matter determines the claims of others; and the kind of evidence presented on the issue(s) certified and potentially presented on the remaining issues, including the risk subsequent triers of fact will need to reexamine evidence and findings from resolution of the common issue(s).
Gates v. Rohm and Haas Co., 655 F.3d 255, 273 (3d Cir. 2011) (the “Gates factors”). This list,
however, is non-exclusive. Id. The interplay between the requirements for class certification
under Rule 23(a) and (b) and the recognition of issue classes under Rule 23(c)(4) “‘is a difficult
matter that has generated divergent interpretations among the courts.’” Id. (quoting Hohider, 574
F.3d at 200 n.25). Nevertheless, “[c]ourts frequently use Rule 23(c)(4) to certify some elements
of liability for class determination, while leaving other elements to individual adjudication.”
Carroll v. Stettler, No. 10–2262, 2011 WL 5008349, at *4 (E.D. Pa. Oct. 19, 2011) (citing
Chiang v. Veneman, 385 F.3d 236, 267 (3d Cir. 2004)). The Third Circuit has instructed that
when certifying an issue class, the issues to be tried should be clearly enumerated. Gates, 655
F.3d at 273 (citing Wachtel v. Guardian Life Ins. Co. of Am., 453 F.3d 179, 184–85 (3d Cir.
2006)). Likewise, the district court should explain how the remaining issues will be resolved.
Id. (citing Principles of the Law of Aggregate Litigation §§ 2.02(e) (2010)).
At issue in the present case is the validity of the Release signed by the Plaintiffs in this
matter and whether it forecloses Plaintiffs’ substantive claims. Plaintiffs’ Motion for Class
11

Certification presently seeks certification of a class consisting of “all employee agents whose
R830 or R1500 contract with Defendant Allstate Insurance Company was involuntarily
terminated as part of its ‘Preparing for the Future’ Group Reorganization Program (the
‘Program’) and who executed the Release in connection therewith.” (Pls.’ Mem. Supp. Mot.
Class Cert. 1.) With respect to that class, Plaintiff limits its request for class certification to four
questions, as follows:
1. Involuntariness Under Federal Standard: Did Allstate structure and implement the Program such that employee agents could not have signed the Release voluntarily under the totality of the circumstances, thereby rendering the Release of federal claims invalid?
2. Unconscionability: Did Allstate Structure and implement the Program such that (a) it deprived the class of any meaningful choice but to sign the Release and/or (b) the terms Allstate presented were grossly unreasonable and favorable to Allstate, thereby making the Release unenforceable?
3. Unclean Hands: Did Allstate act inequitably, deceitfully, or in bad faith towards the class in structuring and implementing the Release requirement, thereby making the Release unenforceable?
4. Part and Parcel: Was the Release an integral or essential part of Allstate’s program to involuntarily terminate the R830 and R1500 contracts of its employee agents such that Allstate would not have gone forward with the en masse terminations without it?
(Pls.’ Mot. Class Certification 1–2.)
The Court must determine whether such questions should be certified for class treatment
under Rule 23(c)(4). Applying the Gates factors enumerated by the Third Circuit to each of the
questions presented by Plaintiffs yields the inescapable conclusion that certification would be
unmanageable in this matter. The Court addresses each proposed issue separately.3
3 Given that Plaintiffs are not entitled to class certification under Rule 23(c)(4), the Court need not address the parties’ arguments regarding Rule 23(a) and (b). Notably, however, the
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A. Involuntariness Under Federal Standard The first question on which Plaintiffs seek certification asks whether Allstate structured and implemented the Program such that employee agents could not have signed the Release voluntarily under the totality of the circumstances, thereby rendering the Release of federal claims invalid. The Court finds certification of this question to be improper on several grounds. First, Plaintiffs rely on an incorrect theory that Allstate’s conduct alone—i.e., structuring the Release so as to make it impossible for any proposed class member to make a voluntary decision to release his or her claims—would invalidate the Release under the totality of the circumstances. This argument misunderstands the nature of the “totality of the circumstances” analysis and fails to recognize that class issues are inextricably intertwined with individual questions. As the Court noted previously, an employee may validly waive claims of discrimination against an employer if the waiver is made knowingly and willfully. Coventry v. U.S. Steel Corp., 856 F.2d 514, 522 (3d Cir. 1988) (citing Alexander v. Gardner–Denver Co., 415 U.S. 36, 52 (1974)); Potoski v. Wilkes Univ., No. Civ.A.06-2057, 2010 WL 3811973, at *13 (M.D. Pa. Sept. 22, 2010). In determining the validity of a waiver, courts consider general principles of contract construction; however, “[i]n light of the strong policy concerns to eradicate discrimination in employment, a review of the totality of the circumstances, considerate of the particular individual who has executed the release, is also necessary.” Coventry, 856 F.2d at 522–23
Court would be inclined to find that Plaintiffs have met their burden under both Rule 23(a) and (b), particularly since the questions proposed for certification focus solely on Allstate’s conduct with respect to the Release and do not require consideration of issues individual to the various Plaintiffs. The problem arises with respect to whether these particular questions are properly framed and advance the resolution of this matter under Rule 23(c)(4).
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(emphasis added). This totality of the circumstances inquiry is made considering the following factors:
(1) the clarity and specificity of the release language; (2) the plaintiff’s education and business experience; (3) the amount of time the plaintiff had for deliberation about the release before signing it; (4) whether plaintiff knew or should have known his rights upon execution of the release; (5) whether plaintiff was encouraged to seek, or in fact received benefit of counsel; (6) whether there was an opportunity for negotiation of the terms of the agreement; and (7) whether the consideration given in exchange for the waiver and accepted by the employee exceeds the benefits to which the employee was already entitled by contract or law. Cirillo v. Arco Chem. Co., 862 F.2d 448, 451 (3d Cir. 1988) (citing Coventry, 856 F.2d at 523), superseded by statute as stated in Long v. Sears Roebuck & Co., 105 F.3d 1529, 1539 (3d Cir. 1997) (holding that the Older Workers Benefit Protection Act supersedes Cirillo with respect to the Age Discrimination in Employment Act of 1967). “This list, however, is intended to be illustrative rather than exhaustive.” Caban Hernandez v. Philip Morris USA, Inc., 486 F.3d 1, 8 (1st Cir. 2007). The court “may also consider ‘whether there is evidence of fraud or undue influence, or whether enforcement of the agreement would be against the public interest.’” Cuchara v. Gai-Tronics Corp., 129 F. App’x 728, 731 (3d Cir. 2005) (quoting W.B. v. Matula, 67 F.3d 484, 497 (3d Cir. 1995)). In short, “[t]he essential question is ‘whether in the totality of the circumstances, the individual’s waiver of his right can be characterized as “knowing and voluntary.”’” Baba v. Warren Mgmt. Consultants, Inc., 882 F. Supp. 339, 344 (S.D.N.Y.) (quoting Laniok v. Advisory Comm., 935 F.2d 1360, 1368 (2d Cir. 1991) (emphasis added)), aff’d, 89 F.3d 826 (2d Cir. 1995). Repeatedly, courts have found that the question of whether a release was knowingly and voluntarily entered into requires investigation into individual circumstances, thus rendering it
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unsuitable for class resolution. For example, in Walker v. Asea Brown Boveri, Inc., 214 F.R.D. 58 (D. Conn. 2003), the court declined to certify a class regarding whether a release—entered into at the same time the plaintiffs signed severance agreements—was knowingly and voluntarily executed. Id. at 65. The plaintiffs argued that “the circumstances under which they signed the severance agreements and releases did not provide either [plaintiff] with an opportunity to negotiate the terms of the agreement, and therefore the court could not possibly conclude that the plaintiffs knowingly and voluntarily executed the agreements.” Id. The court, however, found that “a fact-specific inquiry will be necessary to determine whether either of the named plaintiffs knowingly and voluntarily waived their rights to pension benefits under the Plan.” Id. at 66 Similarly, in Spann v. AOL Time Warner, Inc., 219 F.R.D. 307 (S.D.N.Y. 2003), the plaintiffs brought various ERISA claims which the defendant contended were barred by a release that the plaintiffs claimed was involuntarily signed. Id. at 319. Declining to certify a proposed class, the court remarked that, “[t]o the extent that the Releases could provide a defense as to recovery under the claims posed in this lawsuit, that defense requires a fact-specific inquiry into the circumstances of the execution of each individual’s release . . . . The necessity for an individualized inquiry means that, so long as it is appropriate to consider the Releases at all, their existence presents an insurmountable barrier to class-wide adjudication of these claims.” Id.; see also Ciarlante v. Brown & Williamson Tobacco Corp., No. Civ.A.9-4646, 1995 WL 764579, at *2 (E.D. Pa. Dec. 18, 1995) (“With respect to the employees who signed releases, however, the threshold issue of whether those releases should be declared invalid or rescinded would assume major importance. That issue is ill-suited to class treatment, since the state of mind of each individual signer would presumably need to be explored.”); Romero v. Flaum Appetizing Corp.,
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No. Civ.A.07-7222, 2011 WL 812157, at *6 (S.D.N.Y. Mar. 1, 2011) (“[A]ssuming Plaintiffs
attack the releases, which there is no reason to believe they would not, the Court would need to
perform a detailed, fact-specific inquiry regarding whether each release was entered into
‘knowingly and voluntarily.’”).
In this case, the Court found that the choice presented by Allstate appeared to be either
(a) sign the Release or (b) face likely financial ruin—a Hobson’s choice. Such circumstances, we
noted, suggested that Plaintiffs’ decisions to sign the Release resulted from the Allstate-created
take-it-or-leave-it predicament that undermined a finding of voluntariness. Nonetheless, the
Court declined to conclusively find the Release invalid based solely on that determination, noting
that:
At the core of this analysis, the Court is left with the task of drawing inferences from the evidence, weighing the credibility of witnesses, and affixing a characterization to the events that occurred. On one hand, a methodical analysis under a strict application of the enumerated totality of the circumstances factors yields a finding that the Release, while not necessarily desirable, was supported by some consideration and was the product of the educated free will of the Plaintiffs upon being given ample opportunity to consult with counsel and carefully read the terms of the Program. On the other hand, that methodical application of a defined set of factors offers a short-sighted view of what occurred in this matter. Underneath the impression conveyed by the more rigid analysis lies an alternate—and very plausible— picture that Allstate forced its employees into signing a Release with no real option for them other than losing their investments, their livelihood, their health coverage, and their retirement benefits. While the Court is tempted to find as a matter of law that these circumstances deprived the Release of the requisite voluntariness, the competing stories offered by the parties, considered in the totality of the circumstances, create a genuine question of fact as to whether Plaintiffs voluntarily waived their rights to bring a federal claim. Such a question is not properly decided by a Court as a matter of law, but rather is best resolved by a jury.
Romero, 1 F. Supp. 3d 319. In so ruling, the Court essentially accepted the fact that Allstate
structured the Release and Program to make signing a virtually involuntary choice, but that the
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mere existence of such common evidence, standing alone, was an insufficient basis on which to
invalidate the Release.
While Plaintiffs now ask this Court to find that the voluntariness issue can be decided on
these facts alone, (Pls.’ Mem. Supp. Class Cert. 23), such a proposition is mistaken. In the
previous ruling, the Court clearly determined that a finding of involuntariness required looking at
the totality of the circumstances and not just simply at Allstate’s conduct.4 Indeed, it remains
entirely plausible that, notwithstanding Allstate’s structuring of the Program, an individual class
member may have voluntarily signed the Release in order to obtain some of the lucrative benefits
available to him or her under the Program. As aptly noted by Allstate, a trier of fact simply
4 Although Plaintiffs cite to both Coventry v. United States Steel Corp., 856 F.2d 514 (3d Cir. 1988) and Torrez v. Pub. Serv. Co. of N.M., Inc., 908 F.2d 687 (10th Cir. 1990) for the proposition that “[a] release is not signed voluntarily when it presents plaintiffs with a ‘Hobson’s choice,” neither of those cases stand for such a broad proposition. (Pls.’ Mem. Supp. Class Cert. 23.) In Coventry, the Third Circuit considered the totality of the circumstances of the single plaintiff in that case and reversed the district court’s finding that the release was voluntary. Coventry, 856 F.2d 523–25. In doing so, the court did not hold that a “Hobson’s choice” scenario automatically invalidates a release. Rather, it noted that “[t]hese circumstances illustrate that [plaintiff’s] decision to sign the release was not the result of negotiation between him and his employer and, further, that Hallas was placed in precisely the ‘take it or leave it’ predicament that supports a finding that his decision was not knowingly and willfully made” and that these circumstances should have been “considered” by the district court in its analysis. Id. at 524 (emphasis added). Ultimately, the Third Circuit’s reversal of the district court’s voluntariness decision was based on consideration of multiple factors considered in light of the plaintiff’s individual situation. Id. at 525. The court ruled that there were “significant indicia that [the plaintiff’s] decision to execute the waiver did not result from a volitional choice between real options, and that, for him, the absence of counsel resulted in a decision the legal significance of which he did not understand completely.” Id. (emphasis added).
In Torrez, the Court noted that the plaintiff faced a “Hobson’s choice” because he “was in the unenviable position of having to sign the release or lose his retirement benefits.” Id. at 690. Despite the fact that, like Coventry, there was only one plaintiff involved, and despite the fact that it was clear that the release was structured as a take it or leave it proposition, the Tenth Circuit found that genuine issues of material fact remained as to whether the release was knowingly and voluntarily signed under the totality of the circumstances test. Id.
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cannot decide whether it was possible for a class member to have signed the Release voluntarily, based on Allstate’s conduct alone, without looking at the situation from the perspective of each individual. Multiple individual factors will bear on that analysis, including Plaintiffs’ financial situations, the lucrativeness of their books of business, how much money they had invested in their agencies, their income at the time of the Program, and whether they admitted in discovery that they voluntarily signed the Release. Ultimately, a trier of fact must combine those factors, together with the common evidence regarding Allstate’s conduct, in order to determine voluntariness. As the proposed class question simply cannot be separated from the multiple individual questions, certification is improper.5
Second, even assuming Plaintiffs’ theory was correct and a jury finding of “yes” on the first proposed question could automatically invalidate the Release, the efficiencies to be gained from certification are minimal at best. Plaintiffs expressly concede that, “[i]f the named Plaintiffs win these certified questions, the Release will be invalidated as to the class as a whole. If not, then separate trials will need to be held whereby each agent who was not a plaintiff in the first trial will get to present individualized evidence about his or her unique circumstances to show that the Release is invalid.” (Pls.’ Reply Br. 2; see also Pls.’ Mem. Supp. Class Cert. 35 (“[R]esolution of all the common Release issues against the class will not prevent class members from challenging the Release based on their individual circumstances”) (emphasis in original).) In other words, efficiencies in resolution occur only if the trier of fact answers “yes”
5 Allstate also argues that courts have refused to certify a class where, as here, plaintiffs contend they were provided misleading or inaccurate information, thereby making the execution of a release not “knowing.” The question proposed for certification by Plaintiffs, however, does not involve any decision into whether the Release was knowingly signed. As such, the Court need not address this argument.
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to the certified question. If the trier of fact answers “no,” then the Court faces the potential scenario of having to conduct individual trials for more than 6,000 Release-signing agents who wish to prove that, under their individual circumstances, the Release was not signed knowingly and voluntarily. Such trials will necessarily involve re-examination of evidence and findings from the certified questions and will risk subsequent triers of fact reaching inconsistent conclusions. By not certifying this question, on the other hand, the approximately thirty named Plaintiffs can immediately proceed to trial in small groups. All common and individualized evidence may be presented, and the jury will be tasked with making individual rulings on the validity of the Release as to each Plaintiff. While still somewhat unwieldy, such a procedural alternative is certainly superior to the method proposed by Plaintiffs.
In sum, the Court finds that under the Rule 23(c)(4) factors, certification of the first question proposed by Plaintiffs is improper. Accordingly, the Motion as to that question is denied.
B. Unconscionability The second question put forth by Plaintiffs for class certification asks “[w]hether Allstate structured and implemented the Program such that (a) employee agents had no meaningful choice but to sign the Release and/or (b) the terms Allstate presented were grossly unreasonable and favorable to Allstate, thereby rendering the Release unconscionable.” Plaintiffs contend that the Release is unenforceable as to all claims if it is unconscionable, which considers both the procedural as well as the substantive elements of the bargain—that is, whether one party lacked any meaningful choice but to accept the terms and/or whether those terms were unreasonably favorable to the other party. They reason that certification of this issue will address the multiple
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common issues which focus solely on Allstate’s conduct, including: whether Allstate structured and implemented the Program such that employees had no meaningful choice but to sign the Release; the nature of the Release itself; and the other common evidence regarding what class members lost, to Allstate’s gain, when they signed the Release.
Again, the Court disagrees with Plaintiffs for several reasons. First, as the Court noted in its summary judgment opinion, to prove unconscionability under Pennsylvania law,6 a plaintiff must show that a contract is both procedurally and substantively unconscionable. Quilloin v. Tenet HealthSystem Phila., Inc., 673 F.3d 221, 230 (3d Cir. 2012). “The party challenging a contract provision as unconscionable generally bears the burden of proving unconscionability.” Harris v. Green Tree Fin. Corp., 183 F.3d 173, 181 (3d Cir. 1999). The Pennsylvania Supreme Court has indicated that, in examining these two prongs, “it might be appropriate to use a ‘sliding-scale approach’ so that ‘where the procedural unconscionability is very high, a lesser degree of substantive unconscionability may be required’ and presumably, vice-versa.” Quilloin, 673 F.3d at 230 (quoting Salley v. Option One Mortg. Corp., 925 A.2d 115, 125 n.12 (Pa. 2007)).
“Procedural unconscionability examines the process leading to the formation of the contract and the form and language of the agreement.” Porreca v. Rose Grp., No. Civ.A.131674, 2013 WL 6498392, at *7 (E.D. Pa. Dec. 11, 2013). A procedurally unconscionable contract bears a lack of meaningful choice in the acceptance of the challenged provision. Quilloin, 673 F.3d at 235. Such contracts are typically “contracts of adhesion,” which are
6 As discussed in greater detail below, it remains entirely unclear what law governs Plaintiffs’ class unconscionability claim. For the sake of some meaningful discussion at this juncture, the Court uses Pennsylvania law as a starting point.
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defined as “a standard-form contract prepared by one party, to be signed by the party in the weaker position, usually a consumer, who adheres to the contract with little choice about the terms.” Id. (quotation omitted). Although unequal bargaining power is a key factor, standing alone it is insufficient to meet the standard for procedural unconscionability. Id. Rather, courts must consider additional factors including “the take-it-or-leave-it nature of the standardized form of the document, the parties’ relative bargaining positions, and the degree of economic compulsion motivating the adhering party.” Id. at 235–36.
Procedural unconscionability by itself, however, is insufficient to invalidate a contract under Pennsylvania law. Rather, a party must prove substantive unconscionability which “refers to whether the terms of the agreement unreasonably favor the party asserting it.” Porreca, 2013 WL 6498392, at *10. “Substantively unconscionable terms are those that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent.” Id. (quoting Estate of Hodges, No. Civ.A.12-1698, 2013 WL 1294480, at *6 (E.D. Pa. Mar. 29, 2013)). “To establish substantive unconscionability, the plaintiff must show that the contract terms are unreasonably favorable to the drafter and that the other party had no meaningful choice but to accept those terms.” Cronin v. Citifinancial Servs., Inc., No. Civ.A.08-1523, 2008 WL 2944869, at *3 (E.D. Pa. July 25, 2008).
In the summary judgment opinion, the Court declined to rule on the unconscionability issue because it was fraught with numerous disputes of material fact. As to the substantive unconscionability element, the Court noted that “the Plaintiffs lost substantial benefits, to Allstate’s gain, when they signed the Release. The Court also notes, however, that Plaintiffs gained in other ways through various options they received in the Program. The question of
21

whether those gains and benefits satisfied the concept of mutuality of obligation cannot be
resolved at this juncture. Moreover, any conclusions regarding the import of public policy are
necessarily intertwined with the resolution of the multitude of factual issues.” Romero, 1 F.
Supp. 3d 319. Stated differently, the Court determined that, like the question of knowing and
voluntary signature under a totality of the circumstances standard, the substantive
unconscionability question turns directly on individual questions specific to each Plaintiff.
As to the procedural unconscionability element, Plaintiffs have repeatedly argued that the
Release was unconscionable, in part, because of the large amounts of money each agent invested
in their agency and the fact that signing the Release was, for many, the only way to recoup those investments.7 It is undisputed, however, that each agent’s investment and financial situation
varied. Moreover, the record reveals that the agents had a choice of one of four alternatives
under the Program and that some agents actually benefitted from opting into one of the Release-
based options. Merely finding that Allstate acted in a particular way in structuring the Release
fails to resolve the equally important question of “the degree of economic compulsion motivating
the adhering party.” Quilloin, 673 F.3d at 235–36. Indeed, Plaintiffs again seem to recognize
this fact because—as with the knowing and voluntary question—they argue that if the jury were
7 In their Motion for Summary Judgment, Plaintiffs argued that the Release was procedurally unconscionable because the agents “were financially and emotionally committed to their Allstate agencies. . . . Allstate encouraged agents to personally invest in their businesses, under the notion that the more time and money agents spent on their businesses, the more they would make. Most Plaintiffs invested almost all of their money into their agency, believing it to be the best means of providing for their family and their future. Had Plaintiffs not signed the Release, they would have been forced to abandon their major financial and temporal investments in their agencies.” (Pls.’ Mem. Supp. Summ. J., ECF No. 377, at 73–74.) Subsequently, Plaintiffs contend that the Release was substantively unconscionable because “there was a gross disparity between what was gained by Allstate compared to what was lost by Plaintiffs.” (Id. at 76.)
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to find against the class on the unconscionability question, such a finding “will not prevent class
members from challenging the Release based on their individual circumstances.” (Pls.’ Mem.
Supp. Class Cert. 35.) Thus, for the same reason the Court denies certification as to the
voluntariness issue, the Court must deny certification as to the unconscionability question.8
8 Plaintiffs rely on a series of cases for the proposition that unconscionability claims based on systematic conduct by the defendant are amenable to class certification. These cases, however, are inapposite in that (1) none of them were decided under a Rule 23(c)(4) analysis and (2) in each case, no individualized questions were inextricably intertwined with the ultimate liability issue. For example, in In re Checking Account Overdraft Litig., 286 F.R.D. 645 (S.D. Fla. 2012), the court certified an unconscionability claim based on the defendant bank’s “systematic, computerized and uniform manipulation and re-ordering of debit card transactions, its development and implementation of overdraft limits, and its concealment of its overdraft practices, all to increase the number of overdraft fees imposed.” Id. at 652. Unlike the present case, the plaintiffs in that case had no individualized questions affecting the basis for their claim. Rather, they alleged simply that the defendant bank “employed specially designed software programs in a systematic scheme to extract the greatest possible number of overdraft fees from Plaintiffs and similarly situated Comerica customers across the country.” Id. at 649. Further, in contrast with the present case, there was no issue regarding potential gains to the plaintiffs as a result of the defendant’s actions.
Similarly, in Davis v. Cash For Payday, Inc., 193 F.R.D. 518 (N.D. Ill. 2000), the class claim alleged that defendant—a company that makes high-interest consumer “payday loans,” by signing a “Consumer Loan Agreement,” which disclosed an interest rate of more than 600%—failed to comply with the disclosure requirements of the Truth in Lending Act and its implementing Regulation Z, and also made unconscionable loans. Id. at 520. In certifying the class, the court noted that Illinois law, which applied to the class claims, recognized separate causes of action for procedural and substantive unconscionability and allowed a plaintiff to succeed on a showing of either one. Id. at 522. It went on to note that although the procedural unconscionability question would involve individualized inquiries into any improprieties during contract formation, the substantive unconscionability claim, which concerns whether contract terms themselves are commercially reasonable, was proper for class certification.
These distinctions are likewise present in the remaining cases cited by Plaintiffs. See Evans v. Linden Research, Inc., No. Civ.A.11-1078, 2012 WL 5877579, at *12, *17 (N.D. Cal. Nov. 20, 2012) (holding that whether terms of service and general policies regarding suspension/termination of accounts imposed on proposed class of gamers in internet role-playing game were unconscionable was subject to common proof); Diense v. McKenzie Check Advance of Wis., LLC., No. Civ.A.99-50, 2000 WL 34511333, at *6 (E.D. Wis. Dec. 11, 2000) (certifying class unconscionability claim against payday lender defendant noting that there were not such great variations in the bargaining positions and the commercial experience of the parties since the defendant used standard form contracts, the terms of the contracts were not negotiable, the same
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Certification of the unconscionability question, however, also fails for an independent but
equally important reason—the choice of law conundrum. Unconscionability is a question of state
law. As noted above, the class that Plaintiffs seek to certify is comprised of more than 6,000
agents or former agents of Allstate that come from forty-seven different states. To properly
decide whether the question framed by Plaintiffs will require the Court to apply the various state
laws in order to resolve the issue. Such a task is unwieldy and renders certification improper
under Rule 23(c)(4).
The Court finds Plaintiffs’ attempts to reason away this obstacle to be meritless. First,
Plaintiffs allege that even if different states’ laws govern the unconscionability analysis, those
laws “raise the same factual questions, making choice of law issues insignificant here. If a jury
resolves one or both of the common issues pertaining to unconscionability in Plaintiffs’ favor . . .
the legal effect of these findings can be determined by the Court under whatever state law or laws
may be applicable.” (Pls.’ Reply Br. 24–25.) In other words, Plaintiffs now ask the Court to
submit only factual determinations to the jury regarding the unconscionability of the Release, but
not instruct the jury on the applicable law, thereby removing the ultimate legal question from the
interest rate applied regardless of the term or loan amount,, and the term of the loan does not exceed sixteen days); Mick v. Level Propane Gases Inc., No. Civ.A.980959, 1999 WL 33453772, at *19 (S.D. Ohio Sept. 29, 1999) (certifying class claim of unconscionability because the plaintiffs alleged that (a) the defendant’s contract violated the Equal Credit Opportunity Act and Fair Credit Reporting Act and (b) the contract is false, deceptive and misleading; “[a] ruling in favor of the named plaintiffs will affect all members of the class because [the defendant] will be required to amend its contract to conform with these laws. Moreover, if [the defendant’s] advertising strategy is found to be false, deceptive, or misleading, continued use of this strategy will be enjoined.”); Fogie v. Rent-A-Center, Inc., 867 F. Supp. 1398, 1403 (D. Minn. 1993) (certifying, under Minnesota law, a claim of unconscionability where the defendant allegedly uniformly misrepresented the fair market value of its goods through its value of goods formula, which was a uniform practice affecting all members of a class action which could be determined to be unconscionable regardless of representations made to individual plaintiffs).
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jury’s purview. The Court would then take the factual findings and, applying each state’s law, determine on a state-by-state basis whether Allstate’s conduct was unconscionable. Such a procedure would undermine all of the efficiencies sought to be gained by virtue of certification and would result in extreme waste of judicial resources.
Alternatively, Plaintiffs contend that even if a choice-of-law analysis “were actually important in the context of Plaintiffs’ request for limited issue certification under Rule 23(c)(4) and 23(b)(2),” it is clear that Illinois law applies to the class unsconscionability question. (Id. at 25.) To that end, they assert that Allstate is incorporated in Illinois, has its corporate headquarters in Illinois, and drafted and approved the Release in Illinois. Further, two of the named Plaintiffs are Illinois residents, and approximately 500 other putative class members were Illinois residents at the time of the Program. Finally, according to Plaintiffs, the subject matter of the Release is Allstate’s liability on the allegedly-waived claims and Allstate reaps the benefit of the Release in Illinois. Plaintiffs therefore assert that Illinois law should govern these disputes because that state has the most significant relationship to the Release under Pennsylvania choice of law rules.
This short-circuited choice of law analysis disregards the applicable case law. It is well established in Pennsylvania that if two jurisdictions’ laws are the same, then there is no conflict at all, and a choice of law analysis is unnecessary. Hammersmith v. TIG Ins. Co., 480 F.3d 220, 230 (3d Cir. 2007). In this case, however, the application of potentially forty-seven states’ laws, many of which differ in their unconscionability analysis, gives rise to some conflict. Given such differences and in light of each state’s potential interest in protecting its residents, a true conflict exists. Id. Therefore, the Court must determine which state’s substantive law applies by using a
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five-factor contacts analysis: “(1) the place of contracting; (2) the place of negotiation of the contract; (3) the place of performance; (4) the location of the subject matter of the contract; and (5) the domicile, residence, nationality, place of incorporation and place of business of the parties.” Id. at 233.
In the present matter, the class members contracted (i.e., signed the Release) in their home state, performed the contract (i.e., waived their claims) in their home state, and are domiciled/reside in their home state. The fact that approximately 500 putative class members were domiciled in Illinois means that over 5,000 putative class members were domiciled elsewhere. Moreover, the subject matter of the contract—the release of claims—was in each class member’s home state. There was no negotiation of the contract, making this factor irrelevant. Finally, although Allstate is incorporated in Illinois and drafted the contract there, that factor is easily outweighed by the home states’ contacts. Given these factors—and absent any convincing argument by Plaintiffs to the contrary9—the Court finds that the multiple laws of the class members’ home states would apply to the unconscionability10 analysis.
Finally, Plaintiffs assert that even if more than one state law regarding unconscionability applied, “the laws of unconscionability are not complicated and pose no manageability problems.” (Pls.’ Reply Br. 27.) Plaintiffs, however, acknowledge that there is variation among the states’ laws and that some states only require either substantive or procedural
9 As the parties engage in the most cursory of conflict-of-laws analyses, the Court will not magnify the issue beyond the attention the parties have given to it.
10 Plaintiffs’ citation of a case from the District of Massachusetts applying a Massachusetts choice of law analysis is not persuasive on the issue of what law should apply under a Pennsylvania choice of law analysis.
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unconscionability while others require both substantive and procedural unconscionability. This distinction alone is enough to make certification on a limited issue (one that would not even finally resolve the unconscionability question) unworkable. Allstate, on the other hand, clearly identifies unique deviations among several states that would require unique jury instructions for each particular state.
In short, Plaintiffs have failed to demonstrate that the unconscionability question is fit for certification under Rule 23(c)(4). As indicated above, the absences f efficiencies to be gained by granting partial certification on this question, together with the various choice of law questions presented and the indivisibility of Allstate’s conduct from the situations unique to the individualized class members, make this issue particularly unsuited for class resolution. Therefore, certification on this issue is denied.
C. Unclean Hands Plaintiffs next seek certification as to whether Allstate acted inequitably, deceitfully, or in bad faith towards employee agents in structuring and implementing the Release requirement, thereby rendering the Release unenforceable under the “unclean hands” doctrine. They contend that if a jury finds that Allstate has acted with “unclean hands,” that defense will operate to invalidate the Release as to the entirety of the class. Unclean hands is “a self-imposed ordinance that closes the doors of a court of equity to one tainted with inequitableness or bad faith relative to the matter in which he seeks relief, however improper may have been the behavior of the defendant.” Precision Instrument Mfg. Co. v. Auto. Maint. Mach. Co., 324 U.S. 806, 814 (1945). It is an equitable doctrine which applies “when a party seeking relief has committed an unconscionable act immediately related to the
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equity the party seeks in respect to the litigation.” Highmark, Inc. v. UPMC Health Plan, Inc., 276 F.3d 160, 174 (3d Cir. 2001). A claim is barred under the doctrine of unclean hands when “(1) a party seeking affirmative relief (2) is guilty of conduct involving fraud, deceit, unconscionability, or bad faith (3) directly related to the matter in issue (4) that injures the other party and (5) affects the balance of equities between the litigants.” Imprisoned Citizens Union v. Shapp, 11 F. Supp. 2d 586, 608 (E.D. Pa. 1998) (citation and internal quotation marks omitted), aff’d, 169 F.3d 178 (3d Cir. 1999); see also Lucey v. Workmen’s Comp. Appeal Bd., 732 A.2d 1201, 1204 (Pa. 1999) (stating the doctrine of unclean heads “closes the doors of a court of equity to one tainted with inequity or bad faith relative to the matter in which he seeks relief”). The doctrine is to be applied “‘only where some unconscionable act of one coming for relief has immediate and necessary relation to the equity that he seeks in respect of the matter in litigation.’” Ne. Women’s Ctr., Inc. v. McMonagle, 868 F.2d 1342, 1354 (3d Cir. 1989) (quoting Keystone Driller Co. v. Gen. Excavator Co., 290 U.S. 240, 245–46 (1933)).
Allstate initially challenges the proposed certified question by arguing that the unclean hands doctrine is a defense that is available only to a party opposing a request for equitable relief. To that end, Allstate argues that only Plaintiffs seek equitable relief in this case. Allstate, on the other hand, seeks only to enforce a contract as an affirmative defense to Plaintiffs’ federal and state law claims. As Plaintiffs have never otherwise pled unclean hands as a cause of action, Allstate contends that they may not now rely on it.
This argument, however, disregards prevailing Third Circuit law. In Mente v. Chevrolet Oldsmobile, Inc. v. GMAC, 451 F. App’x 214 (3d Cir. 2011), a jury awarded $4 million to the plaintiffs for the defendant’s breach of contract. Id. at 217. The defendant asserted at trial that
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the plaintiffs had waived their rights to sue the defendant in a Forbearance Agreement. Id. at 216–17. The jury found enforcement of the Forbearance Agreement was barred by the equitable doctrine of unclean hands. Id. at 217. On appeal, the defendant argued that the unclean hands doctrine did not apply because the plaintiff’s claim was contractual and not equitable. Id. The Third Circuit disagreed and held that “the doctrine is being invoked to defend against GMAC’s request to enforce the waiver of [the plaintiff’s] breach of contract claim in the Forbearance Agreement. Under Pennsylvania law, a request to enforce a contractual waiver is a request for specific performance of the contract containing the waiver.” Id. at 217–18 (citing Griest v. Pa. State Univ. & Dickinson Sch. of Law, 897 A.2d 1186, 1186 (Pa. Super. Ct. 2006)). As specific performance is an equitable remedy, the Third Circuit found that it could be barred by the doctrine of unclean hands. Id. at 218. The court further rejected the argument that the doctrine of unclean hands can only be invoked by a defendant seeking to defeat a plaintiff’s claim for affirmative equitable relief. Id. at 218 n.4.
In the present case, Plaintiffs bring multiple federal and state law claims in connection with the enactment of the Program and Release. Allstate has responded with the defense that the claims were waived by the Plaintiffs’ signature of the Release. By doing so, Allstate now seeks specific performance of the Release to enforce the waiver of Plaintiffs’ claims, which is a request that sound in equity. In response, Plaintiffs may now properly assert the doctrine of unclean hands.
Allstate’s second challenge to certification of the unclean hands question, however, has significantly more merit. It argues that, like the unconscionability question, the Court will have to apply multiple states’ laws to resolve the issue. Plaintiffs’ respond with the somewhat
29

perplexing contention that there is no choice of law question because “the application of the unclean hands doctrine has nothing to do with a party’s substantive legal rights, as much as the protection of the court’s ‘own integrity.’” (Pls.’ Reply Br. 24 (quoting Gaudiosi v. Mellon, 269 F.2d 873, 881–82 (3d Cir. 1959)).) Presumably, Plaintiffs are suggesting that this Court should apply Pennsylvania law. The fact remains, however, that unclean hands is a state law doctrine and is asserted in defense to a state law claim. In this case, Plaintiffs are asserting unclean hands in defense to Allstate’s attempted enforcement of a contract under state law. See Giordano v. Claudio, 714 F. Supp. 2d 508, 532 (E.D. Pa. 2010) (“Specific performance is an equitable remedy for breach of contract permitting the court ‘to compel performance of a contract when there exists in the contract an agreement between the parties as to the nature of the performance.’”) (quoting Lackner v. Glosser, 892 A.2d 21, 31 (Pa. Super. Ct. 2006) (further quotations omitted). As such, logic demands that the state law governing the contract claim must likewise govern the unclean hands defense. It is undisputed that “the states’ formulations of the doctrine of unclean hands . . . differ significantly.” In re Grand Theft Auto Video Game Consumer Litig., 251 F.R.D. 139, 148 & n.10 (S.D.N.Y. 2008) (citing disparities among multiple states in the unclean hands doctrine and noting that “these vague, equitable formulations may receive distinct interpretations depending upon local circumstances, thereby creating further possible differences in the states’ unclean-hands doctrines.”). Given the foregoing choice of law analysis,11 it appears likely that the laws of the various class members’ home states will apply, thereby creating a situation where the jury would have to be instructed on multiple states’ laws
11 Notably, Plaintiffs provide no choice of law analysis with respect to the unclean hands doctrine.
30

and how to apply them to the facts. Such a convoluted scenario weighs substantially against certification.
Third, even if the Court were to apply Pennsylvania law, the totality of the “unclean hands” analysis is still not subject to common proof. In the Third Circuit, a defendant asserting an unclean hands defense must introduce “clear, convincing evidence of ‘egregious’ misconduct.” Citizens Fin. Grp., Inc. v. Citizens Nat’l Bank, 383 F.3d 110, 129 (3d Cir. 2004). “Egregious misconduct” can take the form of “fraud, unconscionability, or bad faith on the part of the plaintiff.” S & R Corp. v. Jiffy Lube Int’l, Inc., 968 F.2d 371, 377 n.7 (3d Cir. 1992); see also Highmark, Inc. v. UPMC Health Plan, Inc., 276 F.3d 160, 174 (3d Cir. 2001). A claim is barred under the doctrine of unclean hands when “(1) a party seeking affirmative relief (2) is guilty of conduct involving fraud, deceit, unconscionability, or bad faith (3) directly related to the matter in issue (4) that injures the other party and (5) affects the balance of equities between the litigants.” Imprisoned Citizens Union, 11 F. Supp. 2d at 608 (citation and internal quotation marks omitted). Courts will apply the doctrine of unclean hands “only for such violations of conscience as in some measure affect the equitable relations between the parties in respect of something brought before the court for adjudication.” Highmark, 276 F.3d at 174 (internal citations omitted).
Under this formulation, merely examining the transaction from the perspective of Allstate’s conduct disregards key issues relevant to the unclean hands analysis. To the extent Allstate committed some egregious conduct, such conduct cannot be viewed in a vacuum without balancing the equities between the litigants. Given the already individualized questions in this case, the Court finds that factual dissimilarities among the various class members will affect the
31

balance of equities, thereby complicating any class determination of whether Allstate acted with unclean hands. Accordingly, the Court declines to certify this question.
D. Part and Parcel Doctrine The final issue that Plaintiffs seek to certify asks whether the Release was integral to or an essential part of Allstate’s program to involuntarily terminate the R830 and R1500 contracts of its employee agents such that Allstate would not have gone forward with the mass terminations without it. In explaining this theory, Plaintiffs cite to the U.S. Supreme Court’s statement that a release is “void in its inception” when it is “part of an illegal transaction.” Radio Corp. of America v. Raytheon Mfg. Co., 296 U.S. 459, 462 (1935). According to Plaintiffs, under this “part and parcel” doctrine, a release is invalid when the scheme “could not have proceeded without the release,” when the release is executed simultaneously with the illegal conduct, or when the release is an “integral part” of an improper scheme. (Pls’ Mem. Supp. Class Cert. 27–28.) Plaintiffs aver that, pursuant to this principle, courts have held that a released party is not entitled to judgment as a matter of law because a reasonable factfinder could find that the release was part of and tainted by the illegal conduct. The “part and parcel” doctrine, which had its inception and sole application in antitrust jurisprudence, holds that a release is invalid if “the release itself was an integral part of a scheme to violate the antitrust laws.” VKK Corp. v. Nat’l Football League, 244 F.3d 114 (2d Cir. 2001) (quoting Redel’s Inc. v. Gen. Elec. Co., 498 F.2d 95, 100–01 (5th Cir. 1974)). The release must be “an object of the combination or conspiracy” or “an integral part of the scheme in restraint of trade.” Dobbins v. Kawasaki Motors Corp., U.S.A., 362 F. Supp. 54, 58 (D. Or. 1973). “[I]f the release is merely an outgrowth, rather than a cause of the violation,” it is not part and parcel of
32

the antitrust conspiracy. N. Oil Co., Inc. v. Standard Oil Co., 761 F.2d 699, 706 (Temp. Emer. Ct. App. 1985). The “part and parcel” doctrine has been “‘rarely discussed and more rarely applied.’” Fresh Made, Inc. v. Lifeway Foods, Inc., No. Civ.A.01-4254, 2002 WL 31246922, at *3 (E.D. Pa. Aug. 9, 2002) (quoting VKK Corp., 244 F.3d at 125). Notably, Plaintiffs have not cited, and this Court is not aware of, any cases applying the part and parcel doctrine outside the antitrust context.
Assuming arguendo that the doctrine could apply to the present case, certification presents fundamental problems. As set forth above, Plaintiffs do not seek to certify the entirety of their part and parcel theory. Rather, they seek certification on the “narrow issue” of whether the Release was part and parcel of the Program. They assert that this limited issue is common to the class and the evidence at trial will be the same for all class members because it will focus on how Allstate structured the Program and the importance of the Release to the Program.
Such a request, however, undermines the very purpose of issue certification as it resolves almost no part of the Release-related issues. Plaintiffs agree that they cannot certify the latter portion of the part and parcel theory—that the Release be in furtherance of a conspiracy or scheme that is itself an independent violation of the law—because that inquiry is dependent on the merits of Plaintiff’s underlying claims. In so acknowledging, Plaintiffs effectively concede that certification of this issue will not create any efficiencies in the upcoming Release-related trial. In other words, even if the jury finds in favor of Allstate on the certified class question, the parties will still need to litigate the issue of whether the Program was part of an illegal conspiracy scheme. Plaintiffs will then have to put on a separate case—either as part of the Release trial or in a subsequent trial—which will, in turn, require discussion of the Release and its role in that
33

scheme, thereby creating circuitous and duplicative testimony. In an effort to rebut this obvious conclusion, Plaintiffs argue that Rule 23(c)(4) issue
certification need not be dispositive in order for class resolution to be appropriate. While the Court agrees with this proposition, Plaintiffs cannot simply bypass the purpose of issue certification under Rule 23(c)(4). Where class adjudication “would not only leave critical remaining liability issues unanswered but also fail to achieve any efficiency in the resolution of class members’ claims,” certification is unwarranted. Franco v. Conn. Gen. Life Ins. Co., 299 F.R.D. 417, 433 (D.N.J. 2014). Not only would certification of the part and parcel question not lead to the ultimate resolution of that claim, but no efficiencies would be gained because the entire theory would have to be relitigated to determine whether the Program and Release constituted an illegal scheme. Absent some benefit to certification of this narrow question, the Court denies Plaintiffs’ Motion. IV. CONCLUSION
Given Plaintiffs’ putative class of over 6,000 potential class members, they understandably seek to resolve as many issues common to those class members in the most efficient way possible. Unfortunately, despite Allstate’s common course of conduct towards these various agents—a fact that this Court has already recognized in its previous Opinion—too many individual issues crucial to the ultimate resolution of this case remain. The issues surrounding the validity of the Release, which is the only question currently ready for trial, involve numerous individual inquiries that, notwithstanding Plaintiffs’ arguments to the contrary, are so inextricably intertwined with the common questions as to eliminate any benefit to certification. See McLaughlin v. Am. Tobacco Co., 522 F.3d 215, 234 (2d Cir. 2008) (noting
34

that issue certification under Rule 23(c)(4) is not appropriate where certifying an issue “would not materially advance the litigation because it would not dispose of larger issues. . .”); Kinney v. Siouxland Urology Assoc. P.C., No. Civ.A.09-4051, 2011 WL 796237, at *5–6 (D.S.D. Feb. 28, 2011) (“[T]he relevant inquiry under Rule 23(c)(4)(A) is whether the resolution of the particular common issues would materially advance the disposition of the litigation as a whole.”) (quotations omitted). As certification of the issues proposed by Plaintiffs would not materially advance the disposition of this matter or increase the efficiency of the litigation in any legally appropriate manner, the Court declines the Motion for Class Certification in its entirety.
An appropriate Order follows.
35

 
 Case 2:01-cv-03894-MAK Document 642 Filed 06/18/15 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

ALLSTATE INSURANCE COMPANY, :

et al.,

:

Defendants.

:

CIVIL ACTION NO. 01-3894 CONSOLIDATED WITH NO. 01-6764 NO. 01-7042

ORDER AND NOW, this 18th day of June, 2015, upon consideration of (1) Plaintiffs’ Motion for Relief Relating to the Court’s April 16, 2015 Order (Docket No. 617) and Defendants’ Response (Docket No. 619); (2) Defendants’ Motion for Judicial Notice that It Satisfied Each of the OWBPA Factors (Docket No. 621); and (3) Defendants’ Motion for Judgment as a Matter of Law as to the Validity of the Release (Docket No. 630), it is hereby ORDERED as follows: 1. Plaintiffs’ Motion for Relief Relating to the Court’s April 16, 2015 Order (Docket
No. 617) is DENIED AS MOOT; 2. Defendants’ Motion for Judicial Notice that It Satisfied Each of the OWBPA
Factors (Docket No. 621) is DENIED AS MOOT; 3. Defendants’ Motion for Judgment as a Matter of Law as to the Validity of the
Release (Docket No. 630) is DENIED. It is so ORDERED.
BY THE COURT:

s/ Ronald L. Buckwalter RONALD L. BUCKWALTER, S.J.

 
 IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

ALLSTATE INSURANCE COMPANY, :

et al.,

:

Defendants.

:

CIVIL ACTION NO. 01-3894 CONSOLIDATED WITH NO. 01-6764 NO. 01-7042

MEMORANDUM

BUCKWALTER, S.J.

November 10, 2015

Currently pending before the Court are: (1) the Motion by Defendants Allstate Insurance

Company, the Allstate Corporation, Agents Pension Plan, and the Administrative Committee

(collectively “Defendants” or “Allstate”) to Dismiss certain claims alleged in the Plaintiffs’ Third

Amended Complaint and the Harris and McLaughlin Intervenor Complaints; and (2) the Partial

Motion of Defendant Edward M. Liddy (“Liddy”) to Dismiss Plaintiffs’ Third Amended

Complaint and the Harris and McLaughlin Intervenor Complaints. For the following reasons, the

Motions are granted.

I. FACTUAL BACKGROUND

A. Underlying Facts

The underlying facts are well known to the parties and were summarized in great detail in

the Court’s Memorandum Opinion dated February 27, 2014. In lieu of rehashing the complicated

and convoluted history of this matter, the Court incorporates by reference the recitation of facts

set forth in that previous Memorandum. See Romero v. Allstate Ins. Co., 1 F. Supp. 3d 319

(E.D. Pa. 2014). By way of brief review, this case revolves around Allstate’s announcement and
implementation of its Preparing for the Future Group Reorganization Program (“the Program”). Prior to November 1999, the majority of Allstate’s captive agency force acted as employee agents, under either an R830 or an R1500 contract, and was entitled to a wide range of companysponsored health, welfare, and retirement benefits. On November 10, 1999, Allstate announced the Program by noting that, as part of a new business model, it was reorganizing its entire captive agency force into a single exclusive agency independent contractor program. With few exceptions, Allstate terminated the employment contracts of the 6,200-plus R830 and R1500 employee agents effective no later than June 30, 2000. While the Program applied to all agents regardless of age, productivity, or performance, approximately ninety percent of the R830/R1500 agents were over forty years of age.
In connection with the termination of the R830 and R1500 employment contracts, Allstate offered the agents working under those contracts four options. The first three options were conditioned upon the agents’ agreement to execute a release of claims, while the fourth option was not. The first “release-based” option was the “EA Option.” According to the Program Information Booklet, this option would allow the agent to enter into an R3001C or R3001S Agreement, thereby converting the agent from an employee to an Exclusive Agent (“EA”) independent contractor. The agent would then be entitled to all of the benefits and requirements of that contract, including increased renewal commissions, a conversion bonus, earlier transferability in the agent’s book of business, debt forgiveness, and reimbursement for moving expenses if necessary. The R3001 contract, however, did not entitle agents to the same
2

employee benefits. The second option was the “Sale Option.” This option also permitted an agent to enter
into an R3001C/S Agreement with Allstate, thus converting the agent to an EA independent contractor. In turn, the agent would receive a “conversion bonus” and Allstate would forgive any advances owed, assume certain lease and advertising obligations the agent incurred as an employee agent, and permit the agent, after thirty days’ service as an EA, to sell his or her book of business written while an R830 or R1500 agent. This option also required the agent to sign a release.
The third option was the “Enhanced Severance Option.” Under this option, Allstate would pay the agent “enhanced” severance equal to one year’s pay based on the greater of 1997 or 1998 total compensation, forgive debt and/or expenses that Allstate had advanced to the agent, and relieve the agent of certain lease and advertising obligations incurred as an R830 or R1500 agent. This option was unavailable unless the agent signed a release.
The final option was the “Base Severance Option.” If an agent elected this option, then Allstate paid him or her up to thirteen weeks of pay. The agent electing this option did not need to enter into a release, although he/she was subject to certain additional non-compete and nonsolicitation obligations. Notably, Allstate had determined that agents affected by the Program were ineligible for the pre-existing severance or post-termination pay plans because they were not terminated for any of the reasons set forth in those plans. Allstate also took the position that the pre-existing severance/post-termination pay plans were inapplicable because they did not apply to group reorganization programs.
The release required by the first three options (the “Release”) was three pages long,
3

including a signature page. The Release and Waiver Provision stated:
In return for the consideration that I am receiving under the Program, I hereby release, waive, and forever discharge Allstate Insurance Company, its agents, parent, subsidiaries, affiliates, employees, officers, shareholders, successors, assigns, benefits plans, plan administrators, representatives, trustees and plan agents (“Allstate”), from any and all liability, actions, charges, causes of action, demands, damages, entitlements or claims for relief or remuneration of any kind whatsoever, whether known or unknown, or whether previously asserted or unasserted, stated or unstated, arising out of, connected with, or related to, my employment and/or the termination of my employment and my R830 or R1500 Agent Agreement with Allstate, or my transition to independent contractor status, including, but not limited to, all matters in law, in equity, in contract, or in tort, or pursuant to statute, including any claim for age or other types of discrimination prohibited under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Employee Retirement Income Security Act (“ERISA”), the Illinois Human Rights Act, and the West Virginia Human Rights Act as those acts have been amended, or any other federal, state, or local law or ordinance or the common law. I further agree that if any claim is made in my behalf with respect to any matter released and waived above, I hereby waive any rights I may have with respect thereto and agree not to take any payments or other benefits from such claim. I understand that this release and waiver does not apply to any future claims that may arise after I sign this Release or to any benefits to which I am entitled in accordance with any Allstate plan subject to ERISA by virtue of my employment with Allstate prior to my employment termination date.
(Allstate’s Mot. Summ. J. on the Validity of the Release, Heinz Decl., Nos. Civ.A.01-3894, 01-
6764, Ex. 186 (“Release”), at ARI 004101.)
B. Procedural Background
Several employee agents subject to this Program brought age discrimination charges
against Allstate with the Equal Employment Opportunity Commission (“EEOC”). On August 1,
2001, thirty-two employee agents (the “Romero Plaintiffs”) filed a complaint against Allstate in
connection with the Program. The Romero Plaintiffs filed their First Amended Complaint on
October 18, 2001, and their Second Amended Complaint on July 28, 2010. On February 27,
2014, this Court ruled on the parties’ cross-motions for summary judgment regarding the validity
4

of the Release and held that a genuine issue of fact remained as to whether the Release was knowingly and voluntarily signed. Thereafter, following denial of class certification on issues regarding the validity of the Release, the Court determined that the statute of limitations for the non-named Plaintiffs had resumed running and that they were required to file an action in order to pursue their claims.
On February 26, 2015, the original Romero Plaintiffs moved for leave to file a Third Amended Complaint in order to add 368 former employee agents who signed the Release as part of the Program. The following day, the same 368 agents filed their own complaint, but did not move to intervene. See Abell v. Allstate Ins. Co., No. Civ.A.15-1049. Shortly thereafter, thirty other Release-signers filed two separate complaints containing identical factual and legal allegations as the Third Amended Complaint, and subsequently moved to intervene in the Romero litigation. See McLauglin v. Allstate Ins. Co., No. Civ.A.15-1017 (“McLaughlin Compl.”), Harris v. Allstate Ins. Co., No. Civ.A.15-1190 (“Harris Compl.”). All of these complaints allege (1) invalidity as to the Release signed by each Plaintiff and Intervenor; (2) violation of section 510 of ERISA; (3) violation of the ADEA; (4) breach of contract; and (5) breach of fiduciary duty. On April 21, 2015, the Court granted both Plaintiffs’ Motion to File a Third Amended Complaint adding the new Plaintiffs and the two Motions to Intervene.
On July 28, 2015, Defendants Allstate and Liddy filed Motions to Dismiss the Romero Plaintiffs’ Third Amended Complaint and the Harris and McLaughlin Defendants’ Intervenor Complaints. All Plaintiffs submitted a response on August 27, 2015, and on September 21, 2015, Allstate and Liddy filed Reply Briefs. The Motions are now ripe for judicial consideration.
5

II. STANDARD OF REVIEW Under Rule 12(b)(6), a defendant bears the burden of demonstrating that the plaintiff has
not stated a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6); see also Hedges v. United States, 404 F.3d 744, 750 (3d Cir. 2005). In Bell Atlantic Corporation v. Twombly, 550 U.S. 544 (2007), the United States Supreme Court recognized that “a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Id. at 555. Following these basic dictates, the Supreme Court, in Ashcroft v. Iqbal, 556 U.S. 662 (2009), subsequently defined a two-pronged approach to a court’s review of a motion to dismiss. “First, the tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions. Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Id. at 678. Thus, although “Rule 8 marks a notable and generous departure from the hyper-technical, code-pleading regime of a prior era . . . it does not unlock the doors of discovery for a plaintiff armed with nothing more than conclusions.” Id. at 678–79.
Second, the Supreme Court emphasized that “only a complaint that states a plausible claim for relief survives a motion to dismiss.” Id. at 679. “Determining whether a complaint states a plausible claim for relief will, as the Court of Appeals observed, be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” Id. A complaint does not show an entitlement to relief when the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct. Id.; see also Phillips v. Cnty. of Allegheny, 515 F.3d 224, 232–34 (3d Cir. 2008) (holding that: (1) factual allegations of
6

complaint must provide notice to defendant; (2) complaint must allege facts suggestive of the proscribed conduct; and (3) the complaint’s “‘factual allegations must be enough to raise a right to relief above the speculative level.’” (quoting Twombly, 550 U.S. at 555)).
Notwithstanding these new dictates, the basic tenets of the Rule 12(b)(6) standard of review have remained static. Spence v. Brownsville Area Sch. Dist., No. Civ.A.08-626, 2008 WL 2779079, at *2 (W.D. Pa. July 15, 2008). The general rules of pleading still require only a short and plain statement of the claim showing that the pleader is entitled to relief and need not contain detailed factual allegations. Phillips, 515 F.3d at 233. Further, the court must “accept all factual allegations in the complaint as true and view them in the light most favorable to the plaintiff.” Buck v. Hampton Twp. Sch. Dist., 452 F.3d 256, 260 (3d Cir. 2006). Finally, the court must “determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief.” Pinkerton v. Roche Holdings Ltd., 292 F.3d 361, 374 n.7 (3d Cir. 2002). III. DISCUSSION
A. Whether the Court Should Dismiss All State Law Claims Because Plaintiffs1 Have Ratified the Release as a Matter of Law
Defendants first allege that each Plaintiff and Intervenor in this case has failed to return—or even offer to return—the consideration they each received in exchange for signing the Release. By neglecting to do so, Plaintiffs have purportedly ratified the Release, thereby waiving their state law breach-of-contract and breach-of-fiduciary duty claims. In response, Plaintiffs and Intervenors assert that this argument fails for two reasons. Primarily, they contend that Defendants have waived this ratification defense by failing to raise it as a basis for the Third
1 For ease of discussion, the Court will refer to the Plaintiffs in the Third Amended Complaint, as well as the Plaintiffs in the Harris and McLaughlin Intervenor Complaints, as “Plaintiffs.”
7

Circuit to affirm summary judgment as to Plaintiffs’ state law claims. Alternatively, they contend that even absent waiver, the tender-back rule does not bar Plaintiffs’ claims in this case. The Court addresses each argument separately.
1. Waiver Plaintiffs first aver that, under clear Third Circuit jurisprudence, a “contention that could have been but was not raised on a prior appeal” is waived and may not be revisited by the district court on remand. (Pls.’ Resp. Opp’n Mot. Dismiss 7 (quoting Skretvedt v. E.I. DuPont De Nemours, 372 F.3d 193, 202–03 (3d Cir. 2004).) Yet, when this case was last before the Third Circuit on Plaintiffs’ appeal from the entry of summary judgment for Defendants on the entirety of Plaintiffs’ claims, Defendants had the opportunity to raise the ratification argument they now make, but failed to do so. That failure, according to Plaintiffs, constitutes a waiver of the argument and precludes Defendants from raising it again. The tortured and confusing procedural history of this case, however, does not lend itself to such a finding of waiver. In March 2004, the Honorable John P. Fullam entered a declaratory judgment holding that the Releases were voidable, and allowed Plaintiffs to revoke the Release in exchange for tendering back all consideration received by them for the Release. Plaintiffs immediately filed a motion for reconsideration of this ruling and, during the pendency of that motion, Allstate filed a motion for summary judgment on the merits of all of Plaintiffs’ underlying claims. Several years later, on January 16, 2007, Judge Fullam denied Plaintiffs’ motion for reconsideration. Thereafter, on June 20, 2007, Judge Fullam granted Allstate’s motion for summary judgment as follows: By memorandum and order dated March 21, 2007, I notified the parties as to my tentative conclusions as to the ultimate merit of these related cases, and invited
8

counsel to submit briefs before issuing a final ruling. I have considered the supplemental submissions of the parties, and now hold that:
1. For the reasons stated in the decision of the Eleventh Circuit Court of Appeals in Scott v. Administrative Comm. of the Allstate Agents Pension Plan, 113 F.3d 1193 (11th Cir. 1997), and the later decision of the United States District Court for the Southern District of Florida in Swain v. Allstate Ins. Co. (No. 96-0998) (Jan. 22, 1999), the questioned amendments to the Allstate Pension Plan were validly adopted and became effective.
2. The decision of the Seventh Circuit Court of Appeals in Isbell v. Allstate Ins. Co., 418 F.3d 788 (7th Cir. 2005), warrants the conclusion that plaintiffs’ claims of ERISA violations, age discrimination, and retaliation must fail.
3. To the extent that this Court’s Order of March 3, 2004 declared that the releases were voidable, that decision was in error and is hereby VACATED. Alternatively, the validity of the releases has become moot. Thus, the decision of the Court of Appeals in Jakimas v. Hoffmann-LaRoche, 2007 WL 1394484 (3d Cir. May 14, 2007), does not affect my ruling.
4. The following Motions are GRANTED: a. Defendants’ Motions for Summary Judgment (Document Nos. 148 and 150 in 01-3894); b. Plaintiffs’ Motions for Leave to File (Document Nos. 166 and 179 in 01-3894); c. Defendants’ Motion to Dismiss (Document No. 29 in 01-6764); d. Defendants’ Motion for Summary Judgment (Document No. 42 in 01-7042).
5. The following Motions are DENIED: a. Defendants’ Motion for Attorney Fees (Document No. 21 in 01-6764); b. Plaintiffs’ Motion for Reconsideration of Dismissal of Employee Definition Amendment Claim (Document No. 31 in 01-6764).
6. All other pending motions are DISMISSED AS MOOT.
7. Counsel may submit within 20 days of the date of this Order any issues that must be resolved before the case-files are closed.
(Docket No. 183.) Notably, Judge Fullam never issued a ruling on ratification, but
merely—without explanation—vacated his previous decision on the voidability of the Releases
9

and remarked that the decision was “moot” in light of his dismissal of the entire case on the merits.
Thereafter, Plaintiffs, not Defendants, filed an appeal from the summary judgment ruling. The issues before the Court were the precise issues affirmatively ruled upon by the District Court. As appellees, Defendants did not separately raise the issue of ratification, particularly since it was not the subject of the decision on appeal. In fact, when Plaintiffs presented the ratification issue on appeal, the Third Circuit declined to consider it noting that, “[a]fter the District Court issued its declaratory judgment, the plaintiffs filed a motion for reconsideration, arguing that the tender-back requirement was inappropriate. They raise this argument on appeal, but we need not address that issue here.” Romero v. Allstate Ins. Co., 344 F. App’x 785, 792 n.10 (3d Cir. 2009).
While a district court’s failure to consider an issue below does not necessarily preclude the appellate court from addressing it on appeal, it is only appropriate for te appellate court to do so “when the factual record is developed and issues provide purely legal questions, upon which an appellate court exercises plenary review.” Hudson United Bank v. LiTenda Mortgage Corp., 142 F.3d 151, 159 (3d Cir. 1998). In situations “[w]hen the resolution of an issue requires the exercise of discretion or fact finding . . ., it is inappropriate and unwise for an appellate court to step in.” Id. In this case, with the issue of ratification being neither decided by the District Court nor not crucial to a determination by the Third Circuit, Defendants properly did not present the question on appeal. Accordingly, the Court declines to find that Defendants’ failure to raise the ratification issue on appeal to the Third Circuit constituted a waiver of that issue which would preclude its consideration at this juncture.
10

2. Whether the Tender-Back Rule Bars Plaintiffs’ State Law Claims The parties next dispute whether Plaintiffs’ failure to tender back the consideration they received for the Releases they signed now constitutes a ratification of the Release and bars the state law claims in the Third Amended Complaint. Under the applicable states’ common laws, “[t]he doctrine of contractual ratification is the enforcement of a promise to perform all or part of an antecedent contract of the promisor, previously voidable to him, but not avoided prior to the making of the promise.” Wamsley v. Champlin Refining & Chems., Inc., 11 F.3d 534, 538 (5th Cir. 1993) (citing Restatement (Second) of Contracts § 85 (1981)). “The theory of ratification is that a promise can be enforced even though the underlying contract is voidable if it is ratified by the promisor.” Jakimas v. Hoffmann-La Roche, Inc., 485 F.3d 770, 782 (3d Cir. 2007). “This means that the promisor has the power to avoid the contract or to ratify it by making a new one.” Id. “Tender back is a related concept, which provides that if the promisor does not return the consideration received under the contract this is effectively ratification.” Id. Under the tenderback requirement, “one who seeks to avoid the effect of a release must first return or tender the consideration paid him in connection with his execution of the release.” 66 Am. Jur. 2d Release § 57 (2d ed. 1973); see also Nocito v. Lannuitti, 167 A.2d 262, 262 (Pa. 1961) (failure to tender back consideration after fraud is discovered constitutes waiver of the fraud and an affirmance of the contract); Hess v. Evans, 31 A.2d 347, 349 (Pa. Super. Ct. 1981) (holding that if appellant sought to disavow a contract, he had a duty to return the money to defendant, and his use of the money effected a ratification of the release); Katz v. Aetna Cas. & Sur. Co., No. Civ.A.89-4421, 1993 WL 8749 at *2 (E.D. Pa. Jan. 11, 1993) (“equitable remedy of rescission and the legal
11

remedy of damages are inconsistent and mutually exclusive”). “The principle that a release can be rescinded only upon a tender of any consideration received is not a peculiarity of [any particular state law]; it is a general principle of contract law.” Fleming v. U.S. Postal Serv. AMF O’Hare, 27 F.3d 259, 260 (7th Cir. 1994) (citing 12 Williston on Contracts § 14.60 (Walter H.B. Jaeger ed., 3d ed. 1970 and cases from multiple jurisdictions).
According to the Restatement, the determination of what constitutes a reasonable time to tender back consideration before a party is deemed to have ratified a contract is informed by the following factors:
(a) the extent to which the delay enabled or might have enabled the party with the power of avoidance to speculate at the other party’s risk; (b) the extent to which the delay resulted or might have resulted in justifiable reliance by the other party or by third persons; (c) the extent to which the ground for avoidance was the result of any fault by either party; and (d) the extent to which the other party’s conduct contributed to the delay.
Restatement (Second) Contracts § 381(3) (1981). Indeed, the Restatement advises, in light of the foregoing, that “what time is reasonable depends on all the circumstances, including the extent to which the delay was or was likely to be prejudicial to the other party or to third persons.” Id. cmt. a. Nonetheless, it remains well established under federal law that a plaintiff’s failure to return the consideration received for a release does not constitute ratification of the release as to ADEA or ERISA claims. Oubre v. Entergy Operations, Inc., 522 U.S. 422, 426–27 (1998); Long v. Sears Roebuck & Co., 105 .3d 1529 (3d Cir. 1997). Underlying this principle are the notions that federal statutes are remedial and plaintiffs should not be deterred from bringing meritorious claims. Jakimas v. Hoffmann-La Roche, Inc., 485 F.3d 770, 784 (3d Cir. 2007).
In light of this jurisprudence, the only question at issue is whether Plaintiffs in this case
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have ratified the Release with respect to their state law claims by failing to tender back the consideration received. As this Court previously found, Plaintiffs clearly received consideration for signing the Release, which included some or all of the following: opportunity to become an independent contract with Allstate, conversion bonuses, vested interests in books of business previously wholly owned by Allstate, forgiveness of outstanding office expense allowance advancements, and enhanced severance payments. While Plaintiffs seek to rescind that Release on multiple state law grounds and bring claims that are otherwise encompassed by the Release, they have not returned the consideration, and thus have obtained the benefit of two remedies. The Releases were signed by June 2000 and, within months of their being signed, many Plaintiffs had filed EEOC charges challenging the Release. Yet, fifteen years later, there has been neither a tender of consideration nor an offer to immediately return all, or at least some, of the consideration received for signing the Release. Allstate, in turn, has spent years litigating the state law claims having never received either the benefit of the bargain under the Release or the consideration it paid for that bargain. Under the factors set forth in the Restatement and basic principles of state contract law, the Court must find that Plaintiff’s failure to tender back the consideration received in exchange for signing the Release now constitutes a ratification of that Release as it respects the state law claims of breach of contract and breach of fiduciary duty.
In an effort to avoid dismissal of their state law claims, Plaintiffs set forth several arguments in opposition. First, they claim that the “tender back-ratification” rule is inapplicable to certain of Plaintiffs’ challenges to the Release, including the part and parcel theory and the equitable doctrines of unclean hands and unconscionability, and thus cannot bar the state law claims. Second, they contend considerations of equity counsel against dismissing Plaintiffs’
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claims pursuant to the tender-back rule. The Court finds no merit to either point. a. Whether the Tender-Back/Ratification Rules Bar All of Plaintiffs’ State Law Challenges to the Release
Plaintiffs primary challenge to the application of ratification contends that although a Release that is “voidable”—such as one obtained through fraud or duress—is subject to the tender-back and ratification rules, a Release that is “void” is not subject to the tender-back and ratification rules. They go on to note that, among their other defenses to the Release, they challenge it (1) as part and parcel of an illegal transaction; (2) as barred under the equitable doctrine of unclean hands; and (3) as unconscionable. Under all of these defenses, the Release would be deemed void, not voidable, thereby meaning that the tender-back and ratification rules would not operate to bar Plaintiffs’ challenges.
Plaintiffs are correct that “[a] claim that a contract is voidable does not challenge the existence or prima facie validity of the underlying agreement, but charges that inequitable conduct associated with the formation or performance of the agreement renders it unenforceable at the election of the aggrieved party.” Bertram v. Beneficial Consumer Discount Co., 286 F. Supp. 2d 453, 458 (M.D. Pa. 2003). “In contrast, a declaration that a contract is void nullifies all aspects of the agreement . . . giving neither party the power to ratify or disaffirm its provisions.” Id. (citing 6 Restatement (Second) of Contracts § 7 cmt. a (“[A void contract] is not a contract at all.”); Sandvik AB v. Advent Int’l Corp., 220 F.3d 99, 107–09 (3d Cir. 2000)). “Essential to this concept is the principle that a void contract lacks legal existence from inception, and that the subsequent judicial declaration merely clarifies, rather than alters, the legal relationship of the parties.” Id. “The doctrine of contractual ratification is the enforcement of a promise to perform all or part of an antecedent contract of the promisor, previously voidable to him, but not avoided
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prior to the making of the promise.” Wamsley v. Champlin Ref. & Chems., Inc., 11 F.3d 534, 538 (5th Cir. 1993) (emphasis added) (citing Restatement (Second) of Contracts § 85 (1981)). Thus, it is well settled that “a voidable contract may be ratified, while a void contract may not.” Allen v. Holiday Universal, 249 F.R.D. 166, 172 (E.D. Pa. 2008) (emphasis in original) (citing Yannuzzi v. Commonwealth, 390 A.2d 331, 332 (Pa. Commw. 1978) (“It is true that there is an important technical distinction between ‘void’ and ‘voidable’: The term ‘void’ is properly applied to those contracts that are of no effect whatsoever, whereas a ‘voidable’ contract can be cured by the act or confirmation of one of the parties.”)).
The question then becomes whether Plaintiffs’ challenges to the Release—aside from their duress argument—would render the Release void, such that Plaintiffs could not have ratified the Release. First, Plaintiffs contend that the Release is void in inception as part and parcel of an illegal scheme. As this Court has previously noted, the “part and parcel” doctrine, which had its inception and sole application in antitrust jurisprudence, holds that a release is invalid if “the release itself was an integral part of a scheme to violate the antitrust laws.” VKK Corp. v. Nat’l Football League, 244 F.3d 114 (2d Cir. 2001) (quoting Redel’s Inc. v. Gen. Elec. Co., 498 F.2d 95, 100–01 (5th Cir. 1974)); Ingram Corp. v. J. Ray McDermott & Co., 698 F.2d 1295, 1315 (5th Cir. 1983) (“This language in Redel’s reflects the concept that a release is not valid if the release itself is ‘part and parcel’ of an antitrust conspiracy.”). The release must be “an object of the combination or conspiracy” or “an integral part of the scheme in restraint of trade.” Dobbins v. Kawasaki Motors Corp., U.S.A., 362 F. Supp. 54, 58 (D. Or. 1973). “[I]f the release is merely an outgrowth, rather than a cause of the violation,” it is not part and parcel of the antitrust conspiracy. N. Oil Co., Inc. v. Standard Oil Co., 761 F.2d 699, 706 (Temp. Emer.
15

Ct. App. 1985). The “part and parcel” doctrine has been “‘rarely discussed and more rarely applied.’” Fresh Made, Inc. v. Lifeway Foods, Inc., No. Civ.A.01–4254, 2002 WL 31246922, at *3 (E.D. Pa. Aug. 9, 2002) (quoting VKK Corp., 244 F.3d at 125).
Notwithstanding the clarity of the sparse case law limiting this doctrine to an antitrust setting, Plaintiffs have yet to identify, in this case, any antitrust conspiracy or other illegal scheme in restraint of trade. Moreover, Plaintiffs have not pointed to any jurisprudence applying the part and parcel doctrine outside the antitrust context, let alone in the specific context of an employment discrimination case. Although the part and parcel theory inexplicably remains part of this case, it is abundantly obvious that this theory has no applicability and could not serve to render the Release void at law. In turn, Plaintiffs cannot rely on this theory to avoid the ratification defense.
Second, Plaintiffs challenge the Release on a theory of unclean hands, which, according to them, renders the contract “‘unenforceable,’ not merely ‘voidable.’” (Pls.’ Resp. Opp’n Mot. to Dismiss 10.) Unclean hands is “a self-imposed ordinance that closes the doors of a court of equity to one tainted with inequitableness or bad faith relative to the matter in which he seeks relief, however improper may have been the behavior of the defendant.” Precision Instrument Mfg. Co. v. Auto. Maint. Mach. Co., 324 U.S. 806, 814 (1945). It is an equitable doctrine which applies “when a party seeking relief has committed an unconscionable act immediately related to the equity the party seeks in respect to the litigation.” Highmark, Inc. v. UPMC Health Plan, Inc., 276 F.3d 160, 174 (3d Cir. 2001). In simpler terms, a claim is barred under the doctrine of unclean hands when “(1) a party seeking affirmative relief (2) is guilty of conduct involving fraud, deceit, unconscionability, or bad faith (3) directly related to the matter in issue (4) that
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injures the other party and (5) affects the balance of equities between the litigants.” Imprisoned Citizens Union v. Shapp, 11 F. Supp. 2d 586, 608 (E.D. Pa. 1998) (citation and internal quotation marks omitted), aff’d, 169 F.3d 178 (3d Cir. 1999); see also Lucey v. Workmen’s Comp. Appeal Bd., 732 A.2d 1201, 1204 (Pa. 1999) (stating the doctrine of unclean heads “closes the doors of a court of equity to one tainted with inequity or bad faith relative to the matter in which he seeks relief”). The doctrine is to be applied “‘only where some unconscionable act of one coming for relief has immediate and necessary relation to the equity that he seeks in respect of the matter in litigation.’” Ne. Women’s Ctr., Inc. v. McMonagle, 868 F.2d 1342, 1354 (3d Cir. 1989) (quoting Keystone Driller Co. v. Gen. Excavator Co., 290 U.S. 240, 245–46 (1933)). The unclean hands doctrine renders a contract or agreement unenforceable. Mente Chevrolet Oldsmobile, Inc. v. GMAC, 451 F. App’x 214 (3d Cir. 2011).
Plaintiffs’ present argument—that a contract that is unenforceable under the unclean hands doctrine is, thus, void—rests on an improper conflation of the terms “void” and “unenforceable.” As noted above, “[a] voidable contract is one where one or more parties have the power, by a manifestation of election to do so, to avoid the legal relations created by the contract, or by ratification of the contract to extinguish the power of avoidance.” Restatement (Second) Contracts § 7 (1981). A “void” contract, on the other hand, is “[a] promise for breach of which the law neither gives a remedy nor otherwise recognizes a duty of performance by the promisor.” Id. § 7 cmt. a. An unenforceable contract is “one for the breach of which neither the remedy of damages nor the remedy of specific performance is available, but which is recognized in some other way as creating a duty of performance, though there has been no ratification.” Id. § 8. The Restatement goes on to clarify the distinction between “voidable” and “unenforceable,”
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as follows:
Just as a contract may be voidable by one party or by either party, so it may be enforceable by one and not by the other or it may be unenforceable by either. Similarly, one party to an unenforceable contract may have a power to make the contract enforceable by all the usual remedies, and both voidable and unenforceable contracts may have collateral consequences. Voidable contracts might be defined as one type of unenforceable contract. As defined here, however, the term unenforceable contract refers to rules under which the duty of performance does not depend solely on the election of one party. In the transactions here classified as unenforceable, some legal consequences other than the creation of a power of ratification follow without further action by either party.
Id. § 8 cmt. a. Notably, “the statements ‘one party to an unenforceable contract may have a
power to make the contract enforceable by all the usual remedies’ and ‘some legal consequences
other than the creation of a power of ratification follow without further action by either party’
indicate that unenforceable contracts may be ratified through the actions of one of the parties.”
Fumai v. Levy, No. Civ.A.95-1674, 1998 WL 42297, at *3 (E.D. Pa. Jan. 16, 1998). In addition,
comment a of the Restatement describes a voidable contract as a type of unenforceable contract.
Id. As such, the Court finds that Plaintiffs’ theory of unclean hands would simply render the
Release unenforceable and not clearly void, meaning that ratification could apply.2
2 Plaintiffs argue that “[c]onsistent with Third Circuit precedent, if Allstate acted with unclean hands, then the Release is ‘unenforeable,’ not merely ‘voidable’—and while a voidable contract ‘may be adopted by ratification, . . . [an unenforceable contract] may not.’” (Pls.’ Resp. Opp’n Summ. J. 10 (citing Mente Chevrolet Oldsmobile, Inc. v. GMAC, 728 F. Supp. 2d 662, 675–76 (E.D. Pa. 2010). As a preliminary matter, the case to which Plaintiffs cite is from the Eastern District of Pennsylvania, not from the Third Circuit, and therefore is not “Third Circuit precedent.” Although the case was affirmed on appeal, the Third Circuit did not opine on the issue of ratification since the District Court deemed the issue waived. Mente Chevrolet Oldsmobile, Inc. v. GMAC, 451 F. App’x 214 (3d Cir. 2011).
As to the District Court’s opinion, it held that ratification only applied if the agreement at issue was voidable on the basis of duress or fraud, which the jury found were not present. Id. at 675. By way of a footnote, the court explained:
Instead, the jury found the Forbearance Agreement was unenforceable based on the doctrine of unclean hands. An “unenforceable contract” differs from a “voidable
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Moreover, and perhaps more importantly, the nature of Plaintiffs’ specific unclean hands defense is contrary to a ruling that Plaintiffs could not ratify the Release as it concerns their state law claims. As noted above, the unclean hands doctrine is to be applied “only where some unconscionable act of one coming for relief has immediate and necessary relation to the equity that he seeks in respect of the matter in litigation.” Ne. Women’s Ctr. v. McMonagle, 868 F.2d 1342, 1354 (3d Cir. 1989) (emphasis added). The Third Amended Complaint, in this case, asserts that, “[i]n conditioning the continuance of their service and agency relationship with Allstate on the waiver by class members of their rights under federal remedial statutes such as the ADEA and ERISA, the Release is in violation of public policy and, hence, invalid and unenforceable.” (Third Am. Compl. ¶ 525.) In other words, the Third Amended Complaint asserts that it is precisely the waiver of federal statutory rights that constitutes the basis of the unclean hands defense. Such an argument does not constitute unclean hands per se, but rather merely reiterates the now well-established principle that state law doctrines of tender-back and ratification do not apply to releases that purport to waive federal claims—particularly claims under the ADEA and ERISA—because a release that does not satisfy those statutes is void as against public policy and not voidable. See Oubre v. Entergy Operations, 422 U.S. 422, 428 (1998); Jakimas v. Hoffman-La Roche, 485 F.3d 770, 784 (3d Cir. 2007). Defendants concede this principle and contend that only the state common law claims are barred by Plaintiffs’ failure
contract.” The latter may be adopted by ratification, while the former may not. Restatement (Second) of Contracts § 85, cmt. a (2010). Because any subsequent action by a party does not erase the opposing party’s wrongful conduct, the doctrine of unclean hands cannot be defeated by ratification. Id. at 676 n.31. This ruling appears to confuse the terms “void” and “unenforceable” by assuming they bear the same meaning and legal consequences. While § 85 of the Restatement, cited by the Court, seems to suggest that an “unenforceable” contract is not subject to ratification, that provision stands directly in conflict with the dictates of § 8.
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to tender back the consideration received. At no point do Plaintiffs suggest that Defendants acted with unclean hand by requiring Plaintiffs to sign a Release that waived their state law claims. As such, and in turn, Defendants have not committed any unconscionable act that has “immediate and necessary relation” to their requested relief of barring the state law claims under the Release. Thus, it would transgress the bounds of logic to determine that Plaintiffs could not ratify the Release as to the state law claims when Plaintiffs have never asserted that Defendants have acted with unclean hands with respect to those claims.
Third and finally, Plaintiffs assert that their challenge to the Release under the doctrine of unconscionability would render the Release unenforceable and, thus, not subject to ratification. As described in a leading treatise, “while freedom of contract has been regarded as part of the common-law heritage so that absent an invalidating cause of action such as mistake, fraud, or duress, parties who make a contract are bound to it even though the contract may be unwise and even foolish, courts of equity have often refused to enforce some agreements when, in their sound discretion, the agreements have been deemed unconscionable.” 8 Williston on Contracts § 18:1 (4th ed.) Such unconscionable agreements, however, may only “be said to be voidable or unenforceable by the party imposed upon, but not void, and are therefore subject to ratification, or, if they are not avoided, may give rise to an estoppel.” Id.; see also King v. Fox, 851 N.E.2d 1184, 1193 (N.Y. 2006) (“Where a fully informed client with equal bargaining power knowingly and voluntarily affirms an existing fee arrangement that might otherwise be considered voidable as unconscionable, ratification can occur so long as the client has both a full understanding of the facts that made the agreement voidable and knowledge of his or her rights as a client.”); James River Mgmt. Co., Inc. v. Kehoe, No. Civ.A.09-387, 2010 WL 431473, at *3 (E.D. Va. Feb. 5,
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2010).3 As such, given this clear principle of law, Plaintiffs’ unconscionability defense does not bar the applicability of the ratification defense.
In sum, Plaintiffs incorrectly suggest that their part-and-parcel, unclean hands, and unconscionability claims defeat Defendants’ reliance on the ratification defense to dismiss Plaintiffs’ state law claims. As indicated in detail above, Plaintiffs have failed to establish that their part-and-parcel doctrine claim has any bearing on this case and could ever defeat the Release in these circumstances. Moreover, Plaintiffs’ unclean hands and unconscionability claims would only render the Release unenforceable, but would not necessarily defeat the application of the tender-back and ratification principles. Therefore, the Court rejects Plaintiffs’ argument to the extent it relies on these grounds.
b. Whether Equitable Principles Preclude the Use of the TenderBack and Ratification Doctrines
Alternatively, Plaintiffs aver that dismissing Plaintiffs’ claims pursuant to the tender-back and ratification rules would be inequitable because: (1) tender back should not be required at the outset of litigation when the value of consideration could be set off against a monetary recovery; (2) the tender-back rule should not be applied in cases involving multiple claims, some of which are not subject to tender-back and some of which are; and (3) requiring tender back in this case creates a practical impossibility. The Court takes these challenges individually.
First, Plaintiffs assert that, under well-settled law, tender back should not be required at
3 Plaintiffs cite Sams v. Sams, 808 A.2d 206, 213 (Pa. Super. Ct. 2002) for the proposition that an unconscionable contract may not be ratified. A closer look at Sams, however, reveals that the court only held that the contract in that case had not been ratified because the money that the allegedly ratifying party failed to return was not given in consideration for the contract; she had simply retained benefits to which she was already entitled without the contract. It never held that an unconscionable contract could not be ratified.
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the outset of the litigation “where it would be inequitable to do so or where the underlying action is for money damages against which the value of the consideration could be set off against a recovery.’” (Pls.’ Resp. Opp’n Mot. to Dismiss 12 (quoting Oubre, 522 U.S. at 426).) They suggest that the wealth of jurisprudence indicates that the tender-back rule , although well established in state law, should be reserved for the close of litigation to be offset against monetary damages.
None of Plaintiffs’ cited cases, however, either support the proposition that tender back should be delayed until the end of this litigation, or dispel the principle that ratification occurs when consideration is not returned when litigation otherwise barred by the release has commenced. See Stilwell v. Hertz Drivurself Stations, 174 F.2d 714, 717 (3d Cir. 1949) (rejecting, in one short sentence, a post-litigation tender-back/ratification argument, made on appeal after a jury had already awarded the plaintiff money and defendant paid the judgment with a credit for the amount of consideration that the plaintiff had received); Woods v. City of Hobbs, 408 P.2d 508, 510–11 (N.M. 1965) (declining, on appeal, to find ratification where the defendant had already been given credit by the judgment for the consideration paid for the release); Collins v. Hughes & Riddle, 278 N.W. 888, 894 (Neb. 1938) (finding that where the plaintiff sustained significant damages in a car accident caused by defendants and purportedly entered into a settlement agreement and release for fifteen dollars, the plaintiff’s failure to return consideration did not preclude his action where the action was not seeking recission of the agreement–which only addressed property damage not personal injury—but was suing on his original demand, and where jury had already awarded the plaintiff $15,000 against which the consideration could be credited); Am. Life Ins. Co. v. Parra, 187 F. Supp. 2d 203, 211–12 (D. Del. 2002)
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(acknowledging that, as a general rule, the law should not allow a party to appropriate the benefits of a contract while avoiding its attending obligations, but, in the “peculiar” circumstances of that case, including the fact that the contract was already deemed by a jury to have been procured as a result of fraud, the plaintiff could allow the arbitration to proceed so long as “proper safeguards” were put in place to ensure that the defendant’s claim for the money owed to it would be preserved), aff’d, 50 F. App’x 538 (3d Cir. 2002).
Unlike the foregoing cases, Plaintiffs, in this case, have neither an existing judgment nor a guaranteed future judgment against which the consideration they have taken may be offset. Nor have Plaintiffs ever offered to pay back the consideration during the course of this litigation. Rather, Plaintiffs here are seeking to avoid the obligations attendant to the Release without tendering back the consideration they received, thereby gaining the benefit of two remedies. See Williams v. Phillips Petroleum Co., 23 F.3d 930, 937 (5th Cir. 1994) (“A person who signs a release, then sues his or her employer for matters covered under the release, is obligated to return the consideration. Offering to tender back the consideration after obtaining relief in the lawsuit would be insufficient to avoid a finding of ratification.”) (quotations omitted).4
Second, Plaintiffs assert that the tender-back rule is inappropriate in this case because some of their claims are subject to tender back, while others are not. According to Plaintiffs, courts have declined to apply the tender-back rule in cases involving multiple claims, only some of which are not subject to tender-back, allowing the defendant to instead recoup the monies paid
4 Plaintiffs argue that “[n]otably, since at least 2003, Plaintiffs have been offering to return whatever ascertained value, if any, ultimately is placed on the ‘consideration’ for the Release (to the extent it is only adjudged ‘voidable’) through an offset to any damages award. (Pls’ Resp. Opp’n Mot. to Dismiss 15 n.14.) This offer to return the consideration at the close of litigation as an offset to an award of damages is not equivalent to an offer to return consideration immediately, or at least at some point during the course of the litigation.
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for an invalidated release through an offset to any damages award. In support of this argument, Plaintiffs cite to Jakimas v. Hoffmann-La Roche, Inc., 485
F.3d 770, 782 (3d Cir. 2007). That case, however, did not directly address whether the tenderback rule should be disregarded in cases involving both federal claims not subject to tender-back and state law claims that would be subject to tender-back. Rather, without expressly addressing the state law claims at issue in that case, the Court rejected the application of the tender-back rule to the plaintiffs’ claims under § 510 of ERISA on the same grounds that the tender-back rule has been rejected with respect to other federal statutory claims under the ADEA and FELA. Id. at 783–84. Nothing in that decision suggested that state law tender-back/ratification rules should not apply to state law claims even when such rules did not apply to federal law claims brought in the same action.
Likewise, the other cases that Plaintiffs cite do not support their argument. For example, in Blackwell v. Cole Taylor Bank, No. Civ.A.96-902, 1997 WL 156483 (N.D. Ill. Mar. 31, 1997), the plaintiff had asserted claims under both Title VII and the ADEA, as well as under various state common laws. Id. at *3. At the time that case was decided, federal common law provided that Title VII claims were still subject to state tender-back requirements, but ADEA claims were not. Id. The court determined that because allocation of consideration between the two types of federal claims was not possible, tender back would not be required at the outset of the litigation, but rather would be reserved for an offset against any judgment. Id. at *3–4. Notably, however, the court had already declined to exercise supplemental jurisdiction over the state law claims and, therefore, did not need to consider whether tender-back and ratification principles applied to the state law claims. Id. at *2.
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Similarly, in Rangel v. El Paso Natural Gas Co., 996 F. Supp. 1093 (D.N.M. 1998), the court again faced an uncertain legal landscape where it was unclear whether tender back was required for the assertion of Title VII claims. Id. at 1098–99. The plaintiff had asserted both Title VII and ADEA claims, and the court simply held that, rather than attempting to allocate the consideration between the two types of claims, it would simply require tender back as an offset against any recovery. Id. at 1099. The court then separately addressed whether tender back was required for the state law claims—thereby suggesting that the state law claims were not subject to the same analysis—and noted that because the New Mexico Supreme Court had explicitly allowed for flexible application of the tender-back rule and because the equities in that case suggested that the plaintiff was unable to pay back consideration, the court would not require immediate tender back. Id.
Finally, in Wahsner v. Am. Motor Sales Corp., 597 F. Supp. 991 (E.D. Pa. 1984), the plaintiff brought suit under the federal Automobile Dealers’ Day Act. Id. at 995–96. No state law claims were at issue. Id. The court simply found that state law principles of tender-back and ratification were “incongruous” with a federal statute and should not be applied to defeat its benefits. Id. at 997–98. The court never declined to apply the state law doctrines to state law claims.
On the other hand, and contrary to Plaintiffs’ argument, numerous cases have found that a plaintiff’s failure to tender back consideration can act as a ratification of the contract/release as to the state law claims without acting as a ratification of the contract/release as to the federal law claims. See, e.g., Bennett v. Coors Brewing Co., 189 F.3d 1221, 1234 (10th Cir. 1999) (holding that while the appellants’ failure to tender back their severance benefits had no effect on their
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ability to challenge the waivers of their ADEA claims under the OWBPA, their retention of severance benefits acted as a ratification with respect to their state law claims); Long v. Sears Roebuck & Co., 105 F.3d 1529, 1545 (3d Cir. 1997) (recognizing that although the tenderback/ratification doctrines do not apply to releases challenged under the ADEA, they do apply to the state law claims); Duval v. Callaway Golf Ball Operations, Inc., 501 F. Supp. 2d 254, 263–65 (D. Mass. 2007) (dismissing state law claim because the plaintiff’s failure to tender back consideration constituted ratification of an agreement, but declining to similarly dismiss the ADEA claim given the dictates of Oubre); Loden v. Blue Cross & Blue Shield of Okla., No. Civ.A.11-673, 2013 WL 5207238, at *7 (N.D. Okla. Sept. 13, 2013) (finding that the tender-back requirement was a condition precedent for plaintiff to avoid enforcement of the waiver provision of a separation agreement and to bring state law claims for wrongful termination, even though tender-back did not apply to federal law claims under the ADEA); Larkins v. Reg’l Elite Airline Servs., LLC, No. Civ.A.12-139, 2013 WL 1818528, at *5–6 (S.D. Ohio Apr. 29, 2013) (“Because Larkins failed to tender back the payment he received as part of his signing of the Release, he is barred from bringing his claims for race discrimination, fraud, intentional infliction of emotional distress, negligent infliction of emotional distress, and conspiracy. However, Larkins is not barred from bringing his claim under the ADEA.”); Gascho. v. Scheurer, 589 F. Supp. 2d 884, 891 (E.D. Mich. 2008) (finding state law claims ratified for failure to tender back consideration prior to bringing suit, but allowing Title VII claims to proceed because tender-back rules did not foreclose such claims); Halstead v. Am. Int’l Grp., Inc., No. Civ.A.04-815, 2005 WL 885200, at *2 (D. Del. Mar. 11, 2005) (“[A]lthough plaintiff may challenge the validity of the release because it is voidable as executed unknowingly and involuntarily under duress, he can
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only do so in the context of his ADEA claim unless he tenders back or puts in escrow the consideration he was paid in securing the release.”).
“A federal court under Erie is bound to follow state law as announced by the highest state court” when applying the state’s common law or statutory law. Edwards v. HOVENSA, LLC, 497 F.3d 355, 361 (3d Cir. 2007); see also DeRasmi v. McDonnell Douglas Truck Servs., Inc., No. Civ.A.87-1332, 1989 WL 201013, at *1 (D.N.J. Jan. 30, 1989) (“When exercising pendant [or diversity] jurisdiction over a state common law claim, a federal court must generally follow the substantive state law of the state in which it sits.”) Thus, while federal courts are free to determine that state tender-back and/or ratification doctrines do not apply to a plaintiff’s attempt to avoid a release that waives federal law claims, that discretion does not exist when determining whether those doctrines apply to a plaintiff’s attempt to avoid a release that waives state law claims. Defendants have adequately demonstrated—and Plaintiffs have not disputed—that the applicable state laws in this case require tender back of consideration where a plaintiff seeks to bring state law claims that are otherwise barred by a release. They have also established that the state laws will generally find ratification where the plaintiff has failed to return or offer to return that consideration in a timely manner. Simply because federal law does not require Plaintiffs, in this case, to return the consideration associated with the waiver of their ADEA and ERISA claims does not mean this Court can freely disregard the tender-back requirement with respect to Plaintiffs’ state law claims.
Third, and finally, Plaintiffs claim that a “consideration conundrum” exists in this case since there is no available method of getting the parties to agree on what the appropriate amount of tender back should be. Plaintiffs go on to explain that, for the terminated agents who took the
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Enhanced Severance Option, the severance pay they received was consideration not just for the Release, but also for the new restrictive covenants contained in the Agent Transition Severance Plan. Moreover, for the other Release options, the consideration included the ability of the agent to convert to the R3001 contract and the right of the agent to sell the agency to an Allstateapproved third party. Such consideration, according to Plaintiffs, is incapable of being tendered back and makes it impossible to restore the parties to the status quo ante.
While this argument would have had significantly more merit had it been raised previously, it does not hold muster at this juncture. This case clearly raises complex issues of consideration. Depending on which Program option a Plaintiff took, he or she received consideration in one or more of the following forms: enhanced severance payments, conversion bonuses, an economic interest in a book of business which could be sold, an opportunity to convert to an R3001 contract, and forgiveness of OEA advances. Nonetheless, “[w]hether the tender must always precede the institution of the suit, or whether, as courts now hold in equity cases . . . it is enough that the complaint contains an offer to restore the consideration, an offer that the court could enforce by a conditional judgment.” Fleming v. U.S. Postal Serv. AMF O’Hare, 27 F.3d 259, 261 (7th Cir. 1994) (citing 1 E. Allan Farnsworth, Farnsworth on Contracts § 4.15, 429–30 (1990)). Yet, at no point did Plaintiffs make any offer to tender back any portion of the consideration. Had they done so, the Court could have either obtained an agreement between the parties regarding what portion of the foregoing consideration would be sufficient to satisfy tender-back or, alternatively, determined that pre-judgment tender-back was unworkable in the context of the case. Plaintiffs, however, deprived both Defendants and the Court of that opportunity.
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Having completely disregarded the tender-back requirement, Plaintiffs must now be deemed to have ratified the agreement with respect to their state law claims. Notably, this ratification has no impact on Plaintiffs’ federal law claims under the ADEA or ERISA given the unequivocal principles that tender-back and ratification cannot apply to releases that purport to waive such claims. Plaintiffs’ state law claims of breach of contract and breach of fiduciary duty, however, have indeed been forfeited by Plaintiffs’ ratification of the Release.5
B. Whether Plaintiffs’ Retaliation Claims Under the ADEA and ERISA Fail as Matter of Law
In their Third Amended Complaint, Plaintiffs allege that “[i]n threatening to terminate the agency relationships of its employee agents and to confiscate their capital investments in the company unless they signed the Release waiving their rights to pursue their claims under the ADEA and ERISA and refrained from bringing such claims, Allstate has engaged in retaliatory conduct in violation of 29 U.S.C. §§ 623(d) and 1140.” (Third Am. Compl. ¶ 527.) Plaintiffs originally moved for summary judgment on this claim back in April 2013, but deferred entirely to arguments presented by the EEOC in the consolidated litigation of EEOC v. Allstate Ins. Co., No. Civ.A.01-7042. Upon consideration of the EEOC’s arguments, the Court rejected this retaliation theory and entered summary judgment in favor of Defendants on this claim. Romero v. Allstate Ins. Co., 3 F. Supp. 3d 313 (E.D. Pa. 2014). On appeal, the Third Circuit affirmed this Court’s ruling, holding that Allstate did not violate the federal anti-retaliation laws by requiring that employee agents sign the Release in order to avail themselves of the benefits of the Program. EEOC v. Allstate Ins. Co., 778 F.3d 444 (3d Cir. 2015). Defendants now contend
5 Having dismissed all the state law claims on grounds of ratification, the Court need not address Defendants’ multiple other challenges to those claims.
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that the retaliation claims asserted by Plaintiffs are precisely the same claims that this Court and the Third Circuit have already rejected and, as such, they must fail here.
Plaintiffs do not dispute this argument. Indeed, the Third Amended Complaint explicitly noted by footnote to their retaliation argument that “[t]his allegation is retained for appeal purposes. Plaintiffs acknowledge the Court has rejected their argument.” (Third Am. Compl. ¶ 527 n.5.) Moreover, in their Response in Opposition to the Motion to Dismiss, Plaintiffs further explained that they included this allegation in their Third Amended Complaint because this Court’s—and the Third Circuit’s—previous rulings were only in the consolidated action of EEOC v. Allstate, No. Civ.A.01-7042. There has yet to be any final ruling on this issue in the present action under Civil Action Number 01-3894. In light of the Third Circuit’s rejection of Plaintiffs’ precise retaliation argument, and in light of Plaintiffs’ apparent concession that those claims are now subject to dismissal in this action, the Court will grant Defendants’ Motion to Dismiss these claims. IV. CONCLUSION
In short, the Court grants both Allstate’s and Liddy’s Partial Motions to Dismiss in their entirety. Plaintiffs’ state law claims are unequivocally barred by the principles of tender-back and ratification in light of Plaintiffs’ failure to offer to return any of the consideration they received in exchange for their execution of the Release. In addition, Plaintiffs’ retaliation claims have been explicitly rejected by both this Court and the Third Circuit. Accordingly, such claims shall be dismissed from this matter.
An appropriate Order follows.
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 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

ALLSTATE INSURANCE COMPANY, et al. :

:

Defendants.

:

CIVIL ACTION NO. 01-3894 CONSOLIDATED WITH NO. 01-6764 NO. 01-7042

MEMORANDUM RONALD L. BUCKWALTER, S.J.

January 26, 2016

From June 1, 2015 to June 17, 2015, the first of multiple jury trials was held in this case on the singular issue of whether ten of the Plaintiffs—Roger Boyd, Craig Crease, Ronald Harper, Mike Kearney, Sylvia Kelly, David Lawson, Ed Murray, Christopher Perkins, Rick Peterson, and Paula Reinerio—knowingly and voluntarily signed the Release of claims Allstate used in connection with the termination of Plaintiffs’ employment contracts as part of the Preparing for the Future Group Reorganization Program. The jury found that, as to eight of the Plaintiffs, the Release was not knowingly and voluntarily signed, but, as to the remaining two Plaintiffs,1 the Release had been knowingly and voluntarily signed.
Plaintiffs also posed two other Release defenses: unclean hands and unconscionability. These equitable defenses, however, were reserved for ruling by the Court and were not submitted to the jury. Following the trial, the parties submitted hundreds of pages of proposed findings of
1 The jury concluded that Plaintiffs Perkins and Murray knowingly and voluntarily signed the Release.

fact and conclusions of law, together with thousands of pages of exhibits, pursuant to Rule 52(a)(1) of the Federal Rules of Civil Procedure. The Court now issues the following Memorandum on the remaining issues. I. FINDINGS OF FACT
By way of brief review, this case revolves around Allstate’s announcement and implementation of its Preparing for the Future Group Reorganization Program (“the Program”). Prior to November 1999, the majority of Allstate’s captive agency force acted as employee agents, under either an R830 or an R1500 contract, and was entitled to a wide range of companysponsored health, welfare, and retirement benefits. On November 10, 1999, Allstate announced the Program by noting that, as part of a new business model, it was reorganizing its entire captive agency force into a single exclusive agency independent contractor program. With few exceptions, Allstate terminated the employment contracts of the 6,200-plus R830 and R1500 employee agents effective no later than June 30, 2000.
In connection with the termination of the R830 and R1500 employment contracts, Allstate offered the agents working under those contracts four options. The first three options were conditioned upon the agents’ agreement to execute a release of claims (the “Release”), while the fourth option was not. The first “Release-based” option was the “EA Option.” According to the Program Information Booklet, this option would allow the agent to enter into an R3001C or R3001S Agreement, thereby converting the agent from an employee to an Exclusive Agent (“EA”) independent contractor. The second option was the “Sale Option.” This option also permitted an agent to enter into an R3001C/S Agreement with Allstate, thus converting the agent to an EA independent contractor. In turn, the agent would receive a “conversion bonus”
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and Allstate would forgive any advances owed, assume certain lease and advertising obligations the agent incurred as an employee agent, and permit the agent, after thirty days’ service as an EA, to sell his or her book of business written while an R830 or R1500 agent. The third option was the “Enhanced Severance Option.” Under this option, Allstate would pay the agent “enhanced” severance equal to one year’s pay based on the greater of 1997 or 1998 total compensation, forgive debt and/or expenses that Allstate had advanced to the agent, and relieve the agent of certain lease and advertising obligations incurred as an R830 or R1500 agent. The final option was the “Base Severance Option.” If an agent elected this option, then Allstate paid him or her up to thirteen weeks of pay. The agent electing this option did not need to enter into the Release.
As to the remaining findings of fact, the Court remarks that this case has been in litigation for over fourteen years. The facts have been enumerated at length on multiple occasions and in numerous, extensive opinions from this Court. None of the trial evidence or testimony varied materially from these previous discussions.2 For the most part, the parties’ Proposed Findings of Fact and Conclusions of Law agree on the salient factual points that bear on the remaining issues in this case. The proposed findings on which the parties disagree concern, for the most part, matters of legal interpretation rather than factual determination. In lieu of prolonging this matter further by engaging in yet another excruciatingly detailed discussion of the facts—a discussion which will have little bearing on the future of this case or the multitude of other trials through
2 The Court acknowledges that the ten individual trial Plaintiffs offered testimony about their unique circumstances, which has not previously been discussed in detail. Notably, however, Plaintiffs’ Proposed Findings of Fact and Conclusions of Law, in large part, disregard the nuances in their testimony and argue for the application of both unclean hands and unconscionability generally. As Plaintiffs are the proponents of these two defenses, the Court follows their lead and analyzes these issues without detailed consideration of their individual circumstances.
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which the parties must proceed—the Court, for purposes of this Opinion only, accepts the Plaintiffs’ Findings of Fact as true, except as noted in the Conclusions of Law below, and engages in a discussion of the remaining legal issues. II. CONCLUSIONS OF LAW3
A. Whether the Release is Invalid Based on Unclean Hands As a general principle, unclean hands is “a self-imposed ordinance that closes the doors of a court of equity to one tainted with inequitableness or bad faith relative to the matter in which he seeks relief, however improper may have been the behavior of the defendant.” Precision Instrument Mfg. Co. v. Auto. Maint. Mach. Co., 324 U.S. 806, 814 (1945). It is an equitable doctrine which applies “when a party seeking relief has committed an unconscionable act immediately related to the equity the party seeks in respect to the litigation.” Highmark, Inc. v. UPMC Health Plan, Inc., 276 F.3d 160, 174 (3d Cir. 2001). As a general rule, a claim is barred under the doctrine of unclean hands when “(1) a party seeking affirmative relief (2) is guilty of conduct involving fraud, deceit, unconscionability, or bad faith (3) directly related to the matter in issue (4) that injures the other party and (5) affects the balance of equities between the litigants.” Imprisoned Citizens Union v. Shapp, 11 F. Supp. 2d 586, 608 (E.D. Pa. 1998) (citation and internal quotation marks omitted), aff’d, 169 F.3d 178 (3d Cir. 1999); see also Lucey v. Workmen’s Comp. Appeal Bd., 732 A.2d 1201, 1204 (Pa. 1999) (stating the doctrine of unclean heads “closes the doors of a court of equity to one tainted with inequity or bad faith
3 The ten trial Plaintiffs in this case come from seven different states: Pennsylvania, South Carolina, Kansas, Washington, Wisconsin, Georgia, and Florida. The Court attempts to draw a sampling of cases from these states when discussing a particular point of law. To the extent the law is the same among the states, however, the Court will not cite to a case from each jurisdiction on each legal proposition.
4

relative to the matter in which he seeks relief”). The doctrine is to be applied “‘only where some unconscionable act of one coming for relief has immediate and necessary relation to the equity that he seeks in respect of the matter in litigation.’” Ne. Women’s Ctr., Inc. v. McMonagle, 868 F.2d 1342, 1354 (3d Cir. 1989) (quoting Keystone Driller Co. v. Gen. Excavator Co., 290 U.S. 240, 245–46 (1933)).
Plaintiffs now contend that the doctrine of unclean hands precludes Allstate from enforcing the Release. Allstate, on the other hand, argues that Plaintiffs have failed to prove that the Release is invalid based on unclean hands because: (1) the unclean hands doctrine does not apply to this case where Allstate is not asserting an equitable defense; and (2) Plaintiffs have failed to prove the unclean hands theory on its merits. The Court addresses each assertion individually.
1. Whether the Unclean Hands Theory Applies to this Case Allstate first argues that the unclean hands doctrine is a defense that is available only to a party opposing a request for equitable relief. Allstate, however, does not request equitable relief, but rather only seeks to enforce a contract as an affirmative defense to Plaintiffs’ federal and state law claims. Thus, according to Allstate, the unclean hands doctrine cannot apply. The Court previously addressed this argument in detail in the Memorandum Opinion of October 6, 2014. Romero v. Allstate Ins. Co., 52 F. Supp. 2d 715 (E.D. Pa. 2014). Specifically, in response to this precise argument, the Court held as follows: This argument, however, disregards prevailing Third Circuit law. In Mente v. Chevrolet Oldsmobile, Inc. v. GMAC, 451 F. App’x 214 (3d Cir. 2011), a jury awarded $4 million to the plaintiffs for the defendant’s breach of contract. Id. at 217. The defendant asserted at trial that the plaintiffs had waived their rights to sue the defendant in a Forbearance Agreement. Id. at 216–17. The jury found enforcement
5

of the Forbearance Agreement was barred by the equitable doctrine of unclean hands. Id. at 217. On appeal, the defendant argued that the unclean hands doctrine did not apply because the plaintiff’s claim was contractual and not equitable. Id. The Third Circuit disagreed and held that “the doctrine is being invoked to defend against GMAC’s request to enforce the waiver of [the plaintiff’s] breach of contract claim in the Forbearance Agreement. Under Pennsylvania law, a request to enforce a contractual waiver is a request for specific performance of the contract containing the waiver.” Id. at 217–18 (citing Griest v. Pa. State Univ. & Dickinson Sch. of Law, 897 A.2d 1186, 1186 (Pa. Super. Ct. 2006)). As specific performance is an equitable remedy, the Third Circuit found that it could be barred by the doctrine of unclean hands. Id. at 218. The court further rejected the argument that the doctrine of unclean hands can only be invoked by a defendant seeking to defeat a plaintiff’s claim for affirmative equitable relief. Id. at 218 n.4.
In the present case, Plaintiffs bring multiple federal and state law claims in connection with the enactment of the Program and Release. Allstate has responded with the defense that the claims were waived by the Plaintiffs’ signature of the Release. By doing so, Allstate now seeks specific performance of the Release to enforce the waiver of Plaintiffs’ claims, which is a request that sound in equity. In response, Plaintiffs may now properly assert the doctrine of unclean hands.
Id. at 735.
Allstate now attempts to argue that, notwithstanding this previous ruling, Mente is
distinguishable and should not apply here. Allstate’s argument, however, is nothing more than a
belated effort to seek reconsideration of a prior ruling. Local Rule of Civil Procedure 7.1(g)
provides that a motion for reconsideration shall be filed within fourteen days of the order at issue.
The Court’s prior opinion, in this case, was filed on October 6, 2014, almost a year prior to
Allstate’s brief seeking reconsideration of that ruling. Accordingly, the Court declines to
reconsider whether Mente is, in fact distinguishable.
Allstate raises the additional argument that Mente involved only the application of
Pennsylvania law and, in this matter, the law of each Plaintiff’s home state governs his or her
unclean hands argument. Thus, according to Allstate, if Mente has any application here at all, it
6

applies only to Pennsylvania Plaintiff Murray. This argument also fails. Allstate seeks specific performance of the Release at
issue—i.e., to enforce the Release which bars suit for claims identical to those raised by Plaintiffs. Under the applicable state laws, it is well-established that any request for specific performance is a request for equitable relief to which a defense of unclean hands could apply. See, e.g., Matrix Fin. Servs., Inc. v. Dean, 655 S.E.2d 290, 294 (Ga. Ct. App. 2007) (applying the law Georgia—the home state of Plaintiffs Harper, Perkins, and Peterson—and holding that specific performance of a waiver clause in a settlement agreement is equitable in nature, and the doctrine of unclean hands may bar such equitable relief); Pepsi Cola Bottling Co. of Pittsburg Inc. v. Bottling Grp., LLC, No. Civ.A.07-2315, 2009 WL 873020, at *10 (D. Kan. Mar. 30, 2009) (applying the law of Kansas—the home state of Plaintiffs Crease and Kearney—to hold that enforcement of a settlement agreement is a request for equitable relief to which the unclean hands doctrine applies); Crafts v. Pitts, 162 P.3d 382, 386 n.4 (Wash. 2007) (applying the law of Washington—the home state of Plaintiff Boyd—and holding that the defense of unclean hands is available to any party against whom specific performance is sought); Busch v. Baker, 83 So. 704, 705 (Fla. 1920) (applying the law of Florida—the home state of Plaintiff Kelly—and holding that a request for specific performance of a contract is decided by a court of equity and is subject to consideration of an unclean hands defense). Allstate has not identified for this Court any case from any relevant jurisdiction, which would suggest that a Release asserted as an affirmative defense is legal, not equitable in nature. Accordingly, the Court rejects Allstate’s argument and turns to a substantive consideration of whether the facts of this case support invalidating the Release on an unclean hands theory.
7

2. Whether the Unclean Hands Doctrine Bars Enforcement of the Release
As stated above, the United States Supreme Court has remarked that the unclean hands doctrine is a “self-imposed ordinance that closes the doors of a court of equity to one tainted with inequitableness or bad faith relative to the matter in which he seeks relief[.]” Precision Instrument, 324 U.S. at 814. Although the various states’ laws at issue differ somewhat in their definitions of what constitutes “unclean hands,” there remains a general agreement that unclean hands applies not only to fraudulent and illegal transactions, but also to unscrupulous practices, oppressive conduct, or unconscientious conduct. Crucially, however, that conduct must bear on the subject of the litigation. See, e.g., Tribeca Lending Corp. v. Real Eastate Depot, Inc., 42 So. 3d 258, 262 (Fl. Dist. Ct. App. 2010) (noting that the unclean hands doctrine “applies not only to fraudulent and illegal transactions, but to any unrighteous, unconscientious, or oppressive conduct by one seeking equitable interference in his own behalf”) (internal quotation marks omitted); Terraciano v. Com., Dept. of Transp., Bureau of Driver Licensing, 753 A.2d 233, 237–38 (Pa. 2000) (“The doctrine of unclean hands requires that one seeking equity act fairly and without fraud or deceit as to the controversy in issue.”); Ingram v. Kasey’s Assocs., 531 S.E.2d 287, 292 n.2 (S.C. 2000) (holding that a party will have unclean hands where the party behaves “unfairly in a matter that is the subject of the litigation to the prejudice of the defendant”); Whiten v. Murray, 599 S.E.2d 346, 352 (Ga. Ct. App. 2004) (“The unclean-hands maxim which bars a complainant in equity from obtaining relief has reference to an inequity which infects the cause of action so that to entertain it would be violative of conscience. It must relate directly to the transaction concerning which complaint is made.”); Green v. Higgins, 535 P.2d 446 (Kan.
8

1975) (“The application of the clean hands doctrine is subject to certain limitations. Conduct which will render a party’s hands unclean so as to deny him access to a court of equity must be willful conduct which is fraudulent, illegal or unconscionable. . . . Furthermore, the objectionable misconduct must bear an immediate relation to the subject-matter of the suit and in some measure affect the equitable relations subsisting between the parties to the litigation and arising out of the transaction.”).
Plaintiffs now argue that they have presented compelling evidence that Allstate acted with unclean hands in connection with the Release. Without separately addressing each individual Plaintiff, they contend that the manner in which Allstate structured and implemented the Program involved a “bad faith and inequitable attempt to deny the 6,200 employee agents terminated under the Program with a de facto opportunity to challenge the legality of their termination.” (Pls.’ Proposed Findings of Facts & Conclusions of Law (“Pls.’ Proposed FOFCOL”) ¶ 210.) More specifically, Plaintiffs assert that, in the early 1980’s Allstate promised its employee agents job security and renewal commissions, conditioned on the employee agents’ investment of personal funds in order to grow their books of business. As a result, many employee agents did, in fact, invest their own money in their businesses. In 1999, however, Allstate implemented the Program and terminated its entire employee-agent work force, which, according to Plaintiffs, “repudiated its promises of job security and disregarded the express detections against termination contained in the NOAs contracts.” (Pls.’ Proposed FOFCOL ¶ 219.).) Thereafter, in effectively coercing the employee agents to execute the Release, Allstate unilaterally terminated Plaintiffs’ employment contracts, took away their benefits and their careers, and then exploited the vulnerabilities it created by offering to allow Plaintiffs to either keep their jobs and books of
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businesses or recoup some of their investments, but only by signing the Release. (Id. ¶¶ 221–22.) Allstate also “wrongfully threatened to take legal action against any departing agent who ever attempted to solicit any of their former Allstate clients for any purpose” and deprived the terminated employees of the company’s standard severance arrangement. (Id. ¶¶ 224–225.) The only plausible explanation, according to Plaintiffs, is that Allstate sought to insulate itself from significant liability for conduct it knew would likely be deemed unlawful. Accordingly, Plaintiffs contend that Allstate must be deemed to have acted with unclean hands and be precluded from enforcing the Release as an affirmative defense to Plaintiffs’ claims.
Upon hearing all of the testimony, the Court agrees that Allstate’s conduct with respect to the Release and its inclusion in the Preparing for the Future Program was less than commendable. Undoubtedly, Allstate managers repeatedly represented to Plaintiffs that Allstate provided a “job for life” if Plaintiffs worked hard and grew their businesses. Moreover, the Court agrees that Allstate structured the Program in such a way as to exert some financial pressure on the employee agents to sign the Release and take one of the first three program options. Nevertheless, the fact remains that a party asserting an “unclean hands” defense must introduce “clear, convincing evidence of ‘egregious’ misconduct.” Citizens Fin. Grp., Inc. v. Citizens Nat’l Bank, 383 F.3d 110, 129 (3d Cir. 2004). “[T]here can be no question that proof by clear and convincing evidence is a more stringent standard than proof by a preponderance of the evidence.” U.S. v. Askari, 222 F. App’x 115, 119 (3d Cir. 2007). To that end, the Court does not find that Plaintiffs have adduced sufficient evidence that Allstate’s conduct was so egregious as to constitute clear and convincing proof that they acted with unclean hands and should, in equity, be precluded from seeking enforcement of that Release.
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Under the Older Workers Benefit Protection Act (“OWBPA”), an individual may not waive any right or claim under the ADEA unless the waiver is knowing and voluntary. 29 U.S.C. § 626(f). A waiver may not be considered knowing and voluntary unless “at a minimum” the waiver satisfies a number of specific statutory requirements. Id. Conversely stated, the use of a Release in the termination of an employee may be entirely proper unless it fails to meet the minimum statutory requirements set forth in OWBPA or if the Release was not signed knowingly and voluntarily. As set forth in great detail in this Court’s other opinions, the Release in this case met the statutory requirements under OWBPA. Moreover, as to two of the Plaintiffs in this case, the jury found that the Release was signed knowingly and voluntarily, thereby undermining Plaintiffs’ attempt to establish that Allstate acted with unclean hands and should be precluded from enforcing the Release as to those Plaintiffs.
As to the remaining eight Plaintiffs as to whom the jury found the Release was not signed knowingly and voluntarily, the Court simply does not find sufficient evidence that Allstate’s conduct—albeit, by most standards, not exemplary in nature—was so unscrupulous, unconscientious, or oppressive as to erect an equitable block on Allstate’s attempted enforcement of the Release. In particular, although Allstate managers and some Allstate marketing materials undoubtedly indicated that employee agents had “job security” and/or a “job for life,” those representations were made to sophisticated business people and were never included in any form of employment contract. Moreover, contrary to Plaintiffs’ argument, this Court finds that the R830 and R1500, by their express terms, were at-will contracts.4 The R1500 Agreement
4 This legal finding is made only with respect to this Memorandum and shall not impact Plaintiffs’ ability to prove otherwise if and when this case proceeds to the substantive merits of the underlying claims.
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specifically stated that it was terminable at will and had no review procedures upon termination, whereas the R830 contract was also terminable at will so long as certain notice and review procedures were followed where an employee was being terminated for unsatisfactory work. In addition, although Plaintiffs adduced some evidence of Allstate’s misrepresentations about the Program—in particular with regard to the confidentiality and non-solicitation provisions and the rehire policy—the Court does not find clear and convincing evidence that these misrepresentations were intentionally made by Allstate in an effort to induce employee agents to sign the Release. Further, the Court does not find that Allstate’s alteration of the severance benefits was wrongful to the extent it would constitute unscrupulous conduct. Finally, although some of the Plaintiffs may have not signed the Release knowingly and voluntarily due to the extensive economic pressure created by their situations and the extent of their personal investments, such a scenario—which is clearly individual to each Plaintiff—does not automatically result in a finding that Allstate acted with unclean hands.
In short, the Court finds a great deal of evidence on both sides of this issue. On one hand, Allstate established that the Program and Release were business-related decisions that complied fully with federal statutory law and which made an effort to effectuate valid cost-savings measures while simultaneously offering employee agents alternative choices to preserve their financial futures. On the other hand, Plaintiffs presented some proof that Allstate acted out of an unscrupulous and objectionable desire to preserve its profits, substantially cut the costs of remunerating its workforce, and then attempted to insulate itself from liability by way of the Release. When placed on a scale, the parties’ evidence balances somewhat evenly and, at times, tips ever so slightly in favor of Plaintiffs in terms of shocking the Court’s moral sensibilities.
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Under the clear and convincing standard, however, that is not enough to persuade the Court that enforcement of the Release will undermine this Court’s integrity. See Gaudiosi v. Mellon, 269 F.2d 873, 882 (3d Cir. 1959) (noting that the unclean hands doctrine is primarily intended to protect the Court’s integrity where the conduct of a party shock’s the judge’s moral sensibilities; it has nothing to do with the rights or liabilities of the parties). As such, the Court must find that Allstate is entitled to judgment on Plaintiffs’ unclean hands defense.
B. Whether the Release is Unconscionable The second question before the Court is whether Plaintiffs have established that the Release was unconscionable. “[U]nconscionability is defined as the absence of meaningful choice on the part of one party due to one-sided contract provisions, together with terms that are so oppressive that no reasonable person would make them and no fair and honest person would accept them.” Simpson v. MSA of Myrtle Beach, Inc., 644 S.E.2d 663, 668 (S.C. 2007); see also Gainesville Health Care Ctr,, Inc. v. Weston, 857 So. 2d 278, 284 (Fla. Dist. Ct. App. 2003) (“Unconscionability has generally been recognized to include an absence of meaningful choice on the part of one of the parties together with contract terms which are unreasonably favorable to the other party.”) (quotations omitted); F.N. Roberts Pest Control Co. v. McDonald, 208 S.E.2d 13 (Ga. App. 1974) (“An unconscionable contract is one abhorrent to good morals and conscience. It is one where one of the parties takes a fraudulent advantage of another.”) (quotations omitted); Wisconsin Auto Title Loans, Inc. v. Jones, 714 N.W.2d 155, 165 (Wis. 2006) (“Unconscionability has often been described as the absence of meaningful choice on the part of one of the parties, together with contract terms that are unreasonably favorable to the other party.”). To prove unconscionability under Pennsylvania, Florida, Georgia, South Carolina,
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and Wisconsin laws (as applicable to Plaintiffs Peterson, Lawson, Harper, Reinerio, Kelly, Murray, and Perkins), a plaintiff must show that a contract is both procedurally and substantively unconscionable. Quilloin v. Tenet HealthSystem Phila., Inc., 673 F.3d 221, 230 (3d Cir. 2012); Gainesville Health Care Ctr., 857 So. 2d at 284; Wisconsin Auto, 714 N.W.2d at 165; York v. Dodgeland of Columbia, Inc., 749 S.E.2d 139, 148 (S.C. Ct. App. 2013); Mullis v. Speight Seed Farms, Inc., 505 S.E.2d 818, 820 (Ga. App. 1998). In Washington and Kansas (the home states of Plaintiffs Kearney, Crease, and Boyd), however, a party alleging unconscionability need only prove either procedural or substantive unconscionability. Adams v. John Deere Co., 774 P.2d 355, 357 (Kan. Ct. App. 1989); McKee v. AT & T Corp., 191 P.3d 845, 857 (Wash. 2008). “The party challenging a contract provision as unconscionable generally bears the burden of proving unconscionability.” Harris v. Green Tree Fin. Corp., 183 F.3d 173, 181 (3d Cir. 1999). The Court now examines each prong of the unconscionability test.
1. Procedural Unconscionability “Procedural unconscionability examines the process leading to the formation of the contract and the form and language of the agreement.” Porreca v. Rose Grp., No. Civ.A.131674, 2013 WL 6498392, at *7 (E.D. Pa. Dec. 11, 2013). A procedurally unconscionable contract bears a lack of meaningful choice in the acceptance of the challenged provision. Quilloin, 673 F.3d at 235; see also Zuver v. Airtouch Commc’ns, 103 P.3d 753, 759 (Wash. 2004) (“Procedural unconscionability is the lack of meaningful choice, considering all the circumstances surrounding the transaction including the manner in which the contract was entered, whether each party had a reasonable opportunity to understand the terms of the contract, and whether the important terms [were] hidden in a maze of fine print.”) (internal quotations and
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quotation marks omitted); Wisconsin Auto Title, 714 N.W.2d at 165–66 (“Determining whether procedural unconscionability exists requires examining factors that bear upon the formation of the contract, that is, whether there was a “real and voluntary meeting of the minds” of the contracting parties. The factors to be considered include, but are not limited to, age, education, intelligence, business acumen and experience, relative bargaining power, who drafted the contract, whether the terms were explained to the weaker party, whether alterations in the printed terms would have been permitted by the drafting party, and whether there were alternative providers of the subject matter of the contract.”); Mullis, 505 S.E.2d at 820 (holding that procedural unconscionability focuses on two factors: oppression and surprise; noting that a noninclusive list of some factors courts have considered in determining whether a contract is procedurally unconscionable includes the age, education, intelligence, business acumen and experience of the parties, their relative bargaining power, the conspicuousness and comprehensibility of the contract language, the oppressiveness of the terms, and the presence or absence of a meaningful choice); Simpson, 644 S.E.2d at 669 (“In determining whether a contract was ‘tainted by an absence of meaningful choice,’ courts should take into account the nature of the injuries suffered by the plaintiff; whether the plaintiff is a substantial business concern; the relative disparity in the parties’ bargaining power; the parties’ relative sophistication; whether there is an element of surprise in the inclusion of the challenged clause; and the conspicuousness of the clause.”) (internal quotations omitted).
In the present case, Plaintiffs argue that the Release was procedurally unconscionable based on three factors. First, they assert that the relative bargaining power of the parties reveals that Allstate was in a significant position of dominance. Second, they assert that the Release was
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essentially a take-it-or-leave it adhesion contract that allowed Plaintiffs no bargaining room. Finally, they claim that Plaintiffs were forced into the Release by a large degree of economic compulsion.
Having considered all of the testimony and evidence at trial, however, the Court does not find that Plaintiffs have met their burden of proving that the Release was procedurally unconscionable, even as to those Plaintiffs deemed by the jury to have not signed the Release knowingly and voluntarily. As to the first two factors identified by Plaintiffs, it is undisputed that the Release was drafted entirely by Allstate, that Allstate had significantly greater bargaining power, and that the Release was a standardized contract that did not allow for any alterations to be made by Plaintiffs. In other words, it was a classic adhesion contract. 5 Nonetheless, the various states’ laws are in agreement that “[a]dhesion contracts . . . are not per se unconscionable. Therefore, finding an adhesion contract is merely the beginning point of the analysis.” Simpson, 644 S.E.2d at 669. “[M]erely because a contract is one of adhesion does not render it unconscionable and unenforceable as a matter of law.” Salley v. Option One Mortg. Corp., 925 A.2d 115, 127 (Pa. 2007), confirming as to certified question, 246 F. App’x 87 (3d Cir. 2007); Mathis v. Orkin Exterminating Co., 562 S.E.2d 213 (Ga. Ct. App. 2002) (holding that the fact that a contract is adhesive does not, standing alone, render the contract unenforceable.); Mendez v. Palm Harbor Homes, Inc., 45 P.3d 594, 602 (Wash. 2002)
5 A contract of adhesion has been defined as “a standardized contract offered on a ‘take it or leave it’ basis and under such conditions that a consumer cannot obtain the desired product or service except by acquiescing in the form contract.” Realty Lenders, Inc. v. Levine, 649 S.E.2d 333, 336 (Ga. Ct. App. 2007) (quotation omited); see also Mendez v. Palm Harbor Homes, 45 P.3d 594, 602 (Wash. Ct. App. 2002) (holding that “generally, an adhesion contract is prepared on standard printed form, is prepared by one party and submitted to the other on a “take it or leave it basis,” and there is “no true equality of bargaining power between the parties.”).
16

(“[A]dhesion contracts are not necessarily unconscionable.”). Considering the other factors, the Court notes that Plaintiffs were sophisticated and intelligent business people. Moreover, the form and provisions of the Release satisfy the conspicuousness requirement, as the terms of the document were bolded and highlighted—not hidden in small print—and Allstate offered multiple informational packets regarding the Release. The Release itself was short and fully understandable, and Plaintiffs had nearly seven months to consult with counsel regarding the implications of signing the Release. As such, the Court cannot find that Plaintiffs were denied an opportunity to understand the terms of the Release. See Zuver v. Airtouch Commc’ns, Inc., 103 P.3d 753, 761 (Wash. 2004) (“At minimum, an employee [asserting procedural unconscionability] must show some evidence that the employer refused to respond to her questions or concerns, placed undue pressure on her to sign the agreement without providing her with a reasonable opportunity to consider its terms, and/or that the terms of the agreement were set forth in such a way that an average person could not understand them.”).
The third factor identified by Plaintiffs causes the Court somewhat greater hesitation, particularly in light of the jury’s finding that certain Plaintiffs did not “voluntarily” enter into the Release based on the degree of economic compulsion imposed upon them. While the Plaintiffs in this case undoubtedly faced various economic pressures resulting from Allstate’s corporate restructuring, this Court’s own consideration of the evidence does not, however, suggest that the Release as a whole so deprived Plaintiffs of a meaningful choice as to render the entire agreement procedurally unconscionable. Rather, Plaintiffs had some choice of signing the Release and taking one of three fairly lucrative options with Allstate, or not signing the Release and taking only a base severance pay. The power imbalance and economic compulsion in this
17

case was not so much more drastically striking than in the typical employer-employee context. While not signing the Release and facing the loss of both employment and investments may not have offered a preferable or economically-satisfying alternative to signing the Release and obtaining the incentives offered, the fact remains that Plaintiffs, who were business-savvy individuals, retained the viable option to not sign the Release, seek alternative employment with a base severance payment in hand, and bring suit against Allstate. See generally Quilloin, 673 F.3d at 236–37 (distinguishing cases where the plaintiffs were either a minimally-educated crane operator6 or an employee dependent on her employer for her immigration status, and finding that because the plaintiff in that case was well-educated and not surprised by the agreement, she did not lack meaningful choice in signing the agreement despite the broad disparity in bargaining power); Romney v. Franciscan Med. Grp., 349 P.3d 32, 38 (Wash. App. Div. 2015) (holding, under Washington law, that employees did not lack a meaningful choice in signing arbitration agreement since “as in other cases of employment, the employees could choose employment elsewhere.”).
Considering all of these factors in conjunction, the Court simply cannot find that Plaintiffs have met their burden of proving that the Release was procedurally unconscionable. They were sophisticated individuals who were presented with a clear and understandable Release for which they were given time to consult with outside counsel. While the Release was neither negotiable nor desirable in light of their current employment situations, the facts as presented at
6 One of the cases distinguished in Quilloin was a case relied upon by Plaintiffs— Alexander v. Anthony Int’l L.P., 341 F.3d 256, 266 (3d Cir. 2003). For the same reasons that the Quilloin court found Alexander to be not probative—i.e., the fact that the Alexander plaintiffs were crane operators with limited education and “at best, narrow options for other employment”—this Court finds that case distinguishable from the one at bar.
18

trial do not indicate that Plaintiffs so lacked meaningful choice as to render the Release invalid under a procedural unconscionability standard.
2. Substantive Unconcscionability The analysis of substantive unconscionability requires “looking at the contract terms and determining whether the terms are ‘commercially reasonable,’ that is, whether the terms lie outside the limits of what is reasonable or acceptable. The issue of unconscionability is considered ‘in the light of the general commercial background and the commercial needs.’” Wisconsin Auto Title, 714 N.W.2d at 166. “Substantively unconscionable terms are those that are unreasonably or grossly favorable to one side and to which the disfavored party does not assent.” Porreca, 2013 WL 6498392, at *10 (quoting Estate of Hodges, No. Civ.A.12-1698, 2013 WL 1294480, at *6 (E.D. Pa. Mar. 29, 2013). “Substantive unconscionability focuses on the one-sidedness, unfairness, unreasonableness, harshness, overreaching, or oppressiveness of the provision at issue. Wisconsin Auto Title, 714 N.W.2d at 171; see also Cronin v. Citifinancial Servs., Inc., No. Civ.A.08-1523, 2008 WL 2944869, at *3 (E.D. Pa. July 25, 2008) (“To establish substantive unconscionability, the plaintiff must show that the contract terms are unreasonably favorable to the drafter and that the other party had no meaningful choice but to accept those terms.”); Mullis, 505 S.E.2d at 820 (“As to the substantive element of unconscionability, courts have focused on matters such as the commercial reasonableness of the contract terms, the purpose and effect of the terms, the allocation of the risks between the parties, and similar public policy concerns.”); Gainesville Health Care Ctr., 857 So. 2d at 284 (“To determine whether a contract is substantively unconscionable, a court must look to the terms of the contract, itself, and determine whether they are so ‘outrageously unfair’ as to ‘shock the judicial conscience.’”);
19

Zuver, 103 P.3d at 759 (“Substantive unconscionability involves those cases where a clause or term in the contract is alleged to be one-sided or overly harsh.” “‘Shocking to the conscience’, ‘monstrously harsh’, and ‘exceedingly calloused’ are terms sometimes used to define substantive unconscionability.”).
Plaintiffs advance several arguments in support of their substantive unconscionability contention. First, they assert that Allstate promised Plaintiffs job security and induced Plaintiffs to invest their personal funds in reliance on those promises. Subsequently, Allstate structured the Program so that Plaintiffs would face imminent unemployment, together with the loss of their investments and the prospect of multiple non-compete clauses, unless they signed the Release in order to take advantage of one of the three Release-based options in the Program.
Such an argument, however, does not convince the Court to make the drastic finding that the Release was so outrageously unfair as to be substantively unconscionable. As noted previously, the Court recognizes that Allstate managers repeatedly made oral promises that a job with Allstate was akin to a “job for life.” Moreover, Allstate repeatedly encouraged their employee agents to invest in their agencies in order to grow their business and expand their profits. The fact remains, though, that the written employment contracts under which Plaintiffs operated were, at their core, at-will employment contracts that made no guarantee of employment. Experienced business people, such as Plaintiffs, could have no legitimate expectation that they were shielded from termination so long as they satisfactorily performed their jobs. In addition, as the Court found previously, Allstate did not simply terminate the contracts and require Plaintiffs to sign a Release. Rather, Allstate offered fairly significant consideration in exchange for their signatures on the Release, which, in Plaintiffs’ cases, ranged
20

from the more than $42,000 received by Plaintiff Boyd in enhanced severance to the almost $1.2 million received by Plaintiff Lawson from the conversion option. In other words, the bargain into which Plaintiffs entered was far from “overly harsh” or “oppressive.” While Plaintiffs could only continue in their chosen profession with their chosen employer and recoup their investments by signing the Release, that fact does not render the Release substantively unconscionable.
Second, Plaintiffs assert that there was a gross disparity between the benefits Allstate gained from the Release and any benefits the Release conferred on Plaintiffs. Specifically, they contend that Allstate gained the benefit of the continued services of thousands of Allstate agents without having to provide them with benefits or expense reimbursements—thereby saving hundreds of millions of dollars—while employee agents who executed the Release found themselves in a far worse position as a result of the Program. As such, Plaintiffs aver that the Release is substantively unconscionable because of the gross disparity in what each party gained and gave up by executing it.
This argument is completely inapposite as it makes an improper comparison between what Plaintiffs had before and after the Program, as opposed to what Plaintiffs had if they signed the Release and if they did not sign the Release. Allstate completely terminated the R830 and R1500 contracts and, thus, no longer had the obligation to provide Plaintiffs with benefits and reimbursements, regardless of whether Plaintiffs signed the Release or not. The question of whether that termination was legally wrongful was not at issue in this trial. Rather, the proper question here is whether the Plaintiffs’ surrender of their right to sue Allstate was grossly disparate to the consideration Allstate offered to Plaintiffs under the Program. The Court finds that it was not. Indeed, had the majority of the employee agents opted to take the enhanced
21

severance option or the conversion option, Allstate could have faced the payout of millions of dollars to such agents in exchange for only the Release, without the benefit of the agents’ continued service. Accordingly, the Court cannot deem the contract “monstrously harsh” or “exceedingly calloused.”
Finally, Plaintiffs argue that public policy considerations support a finding of unconscionability. They claim that “it contravened public policy for Allstate to condition Plaintiffs’ ability to continue their agency relationship with the company (doing the same job, but without security or benefits), or to liquidate the personal investments they had made into the business at Allstate’s behest, on a waiver of their rights, including under federal remedial employment statutes.” (Pls.’ Proposed FOFCOL ¶ 261.)
This argument again raises the wrong question. Irrespective of the Release, all R830 and R1500 contracts were terminated. Plaintiffs do not now contend that it was against public policy for Allstate to terminate their employment contracts. Indeed, Allstate was entitled—as many companies do—to engage in mass termination of employees given the fact that their agents were at-will employees. The only question is whether it was against public policy for Allstate to condition a new form of employment, or alternatively an ability to liquidate assets or obtain enhanced assets, on Plaintiffs’ willingness to sign a Release of claims. Plaintiffs do not cite—and this Court cannot find—any jurisprudence indicating that such a Release was against public policy. See Tayar v. Camelback Ski Corp., Inc., 47 A.3d 1190, 1199 (Pa. 2012) (“[W]e note that avoidance of contract terms on public policy grounds requires a showing of overriding public policy from legal precedents, governmental practice, or obvious ethical or moral standards” and should not be assumed “from general considerations of supposed public
22

interest.”); Emory Univ. v. Porubiansky, 282 S.E.2d 903, 904–05 (Ga. 1981) (“[C]ourts must exercise extreme caution in declaring a contract void as against public policy and should do so “only in cases free from doubt.”) (quotations omitted); Banfield v. Louis, 589 So. 2d 441, 446–47 (Fla. Dist. Ct. App. 1991) (“Courts . . . should be guided by the rule of extreme caution when called upon to declare transactions void as contrary to public policy and should refuse to strike down contracts involving private relationships on this ground, unless it be made clearly to appear that there has been some great prejudice to the dominant public interest sufficient to overthrow the fundamental public policy of the right to freedom of contract between parties sui juris.”) (quoting Bituminous Cas. Corp. v. Williams, 17 So. 2d 98, 101 (Fla. 1944)). Therefore, the Court rejects this argument as well.
In short, the Court’s judicial conscience is not shocked by the Release at issue in this case. While the Court sympathizes with Plaintiffs’ undesirable predicament caused by Allstate’s decision to implement such a sweeping termination of its employee agent contracts, the use of the Release in exchange for allowing Plaintiffs to obtain one of several lucrative options under the Program—albeit not an admirable tactic by a large and profitable company—is not unreasonably harsh, overreaching, or unfair. Thus, the Court declines to deem the Release substantively unconscionable.
3. Conclusion as to Unconscionability As set forth in detail above, the Release at issue, with respect to the ten named trial Plaintiffs, is neither procedurally nor substantively unconscionable. In turn, the Release cannot be invalidated on this ground.
23

C. Conclusion as to Issues Before the Court Based on the evidence at trial and the parties’ subsequent briefing, the Court rejects Plaintiffs’ unclean hands and unconscionability defenses as to the ten trial Plaintiffs. Given the fact that this trial was only the first of many trials to be held on the issue of the Release in this matter, this ruling shall have no bearing on these identical issues in the future Release trials. A Judgment Order follows.
24

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

NO. 01-3894

Plaintiffs, v.

CONSOLIDATED WITH: Nos. 01-6764, 03-6872, 15-1017, 15-1049, 15-1190, 15-2602, 15-2961, 15-3047

ALLSTATE INSURANCE COMPANY, et al.,
Defendants.

KEARNEY,J.

MEMORANDUM

May 4, 2016

After the parties finished litigating pre-trial issues on whether former Allstate agents

knowingly and voluntarily released claims against their former employer Allstate, Judge Ronald

L. Buckwalter empaneled a jury which found eight Allstate agents had not knowingly and

voluntarily released claims. Reassigned this case, we are separated from the heat of the lawyers'

pre-trial and trial arguments. Upon review of the detailed record, we find Allstate's motion for

Judgment as a matter of law or, alternatively, for a new trial repeats several arguments denied by

Judge Buckwalter or challenges the jury's province. As we find the jury verdict is proper and

no prejudicial error, we deny the post-trial motion in the accompanying Order.

I.

BACKGROUND

Judge Buckwalter presided over a jury trial on whether ten of the first-filed of the over

four hundred agent-plaintiffs knowingly and voluntarily signed a release of claims (the

"Release") prepared by their former employer Defendant Allstate Insurance Company

("Allstate") when it terminated their employment contracts under its Preparing for the Future Group Reorganization Program (the "Program"). 1 The jury reviewed Plaintiffs' legal defenses to the Release and found eight of the Plaintiffs (the "Prevailing Plaintiffs") did not knowingly and voluntarily sign the Release, but two Plaintiffs knowingly and voluntarily signed the Release. II. DENIAL OF RENEWED MOTION FOR JUDGMENT.
Allstate renews its Motion for Judgment as a Matter of Law arguing we should overturn the jury's verdict and validate the Releases signed by the eight Prevailing Plaintiffs.2 Allstate now argues the jury erred because: (1) most of the enumerated "totality of the circumstances" factors support the conclusion each of the eight Prevailing Plaintiffs knowingly and voluntarily signed the Release; and (2) the Prevailing Plaintiffs presented no proof at trial of other circumstances capable of overcoming the overwhelming evidence and admissions each of them
knowingly and voluntarily signed the Release. Having reviewed the record in the light most favorable to the Prevailing Plaintiffs, we find no basis for disturbing the jury's verdict.
As this Court previously noted, an employee may validly waive claims of discrimination against an employer if the waiver is made knowingly and willfully.3 In determining the validity of a release purporting to waive claims of employment discrimination under statutes such as the Age Discrimination in Employment Act (ADEA), "a review of the totality of the circumstances, considerate of the particular individual who has executed the release, is ... necessary."4 This totality of the circumstances inquiry includes consideration of:
(1) the clarity and specificity of the release language; (2) the plaintiff's education and business experience; (3) the amount of time the plaintiff had for deliberation about the release before signing it; (4) whether plaintiff knew or should have known his rights upon execution of the release; (5) whether plaintiff was encouraged to seek, or in fact received benefit of counsel; (6) whether there was an opportunity for negotiation of the terms of the
2

agreement; and (7) whether the consideration given in exchange for the waiver and accepted by the employee exceeds the benefits to which the employee was already entitled by contract or law.5 "This list, however, is intended to be illustrative rather than exhaustive."6 We "may also consider 'whether there is evidence of fraud or undue influence, or whether enforcement of the agreement would be against the public interest."'7 These considerations supplement the minimum statutory requirements under the Older Workers Benefit Protection Act's ("OWBPA") for a waiver of ADEA claims.8 Allstate argues six of the seven enumerated "totality of the circumstances" factors confirm each of the Prevailing Plaintiffs knowingly and voluntarily signed the Release. Allstate painstakingly details (1) the language of the Release is clear and specific; (2) Plaintiffs were educated, intelligent, experienced business people; (3) Allstate gave Plaintiffs substantial time to consider the Release; (4) each Plaintiff knew his or her rights before signing the Release; (5) Allstate advised each Plaintiff to seek the advice of lawyers and other professionals prior to signing the Release; and (6) Allstate paid valuable consideration to each Plaintiff in exchange for the Release. Allstate misconstrues both the nature of the totality of the circumstances test and our Rule 50 authority. Allstate adopts an inflexible reading of the seven factors without examining the purpose underlying their inclusion or the nuances in their interpretation. "[A]ny attempt to establish a checklist of all applicable factors or to insist on rigid adherence to such a list is foreclosed by the very nature of the inquiry. The essential question is a pragmatic one: whether in the totality of the circumstances, the individual's waiver of his right can be characterized as 'knowing and voluntary. "'9 Indeed, as became abundantly obvious at trial, the question of
3

whether a Plaintiff knowingly and voluntarily signed the Release involved a far more complex balancing of factors than simply ticking off boxes in a formulaic analysis. 10 By way of example,

although Allstate undisputedly gave Plaintiffs time to consider the Release and consult with

attorneys, ample evidence revealed those opportunities may have been effectively meaningless

since Allstate drafted the non-negotiable Release and Allstate would not accept a marked-up or

altered Release form.

Allstate assumes the seven enumerated factors comprise an all-encompassing test entitled to controlling weight to the exclusion of any other factor. 11 These factors are merely illustrative guideposts, rather than an all-inclusive totality analysis. 12 Allstate pays little regard to other considerations such as whether Plaintiffs faced a "Robson's choice" in signing the Release. 13

Although reasonable minds could have differed, the evidence allowed a jury to conclude the

Prevailing Plaintiffs did not have a true choice in deciding whether to sign the Release.

Allstate's contrary assertions are, at base, akin to a closing argument seeking to convince the

trier of fact why its interpretation of the evidence is correct. Wrong time and venue for this

argument.

Our review confirms ample evidence from which the jury could have found the

Prevailing Plaintiffs signing the Release due to an overly coercive scenario creating an improper

"Robson's choice" depriving them of volitional action including:

•

Multiple Plaintiffs testified, throughout their employment with Allstate, Allstate

encouraged them to invest their own money into their agencies with the promise of job

security and returns on their investments. As a result, when Allstate implemented the

Program, many Plaintiffs had tied up substantial personal monies in their agencies with

4

no ability to recoup those costs other than accepting one of the Release-based options

under the Program. Allstate responds Plaintiffs: investments were not actually "investments" under the Tax Code14; had no contractual expectation of future investment

returns because they did not own their books of business; had no expectation of a "job-

for-life" because they were at-will employees; and, deducted business expenses on their

tax bills and earned returns. In the face of the conflicting evidence the jury evaluating

credibility could find Plaintiffs had a well-founded belief their investments would be

protected, and Allstate's sudden termination of their contracts left them in a financially

precarious position under which they had to sign the Release.

•

Plaintiffs consistently testified they lost their jobs, books of business and agencies if they

did not sign the Release. Allstate challenges the credibility of their testimony because

Plaintiffs had no right to their jobs or books of businesses and Plaintiffs actually had four

choices: three involved accepting valuable consideration worth millions of dollars in

exchange for signing the Release, while the fourth was to not sign the Release and take

base severance. The jury, however, could rationally accept Plaintiffs essentially faced

only two options: (a) sign the Release and avoid financial ruin by either converting to an

independent agent, selling the book of business, or obtaining enhanced severance; or (b)

not sign the Release and walk away after many years with a meager base severance

payment, multiple non-compete restrictions, and lost investments in an agency.

•

Plaintiffs presented evidence Allstate made "eleventh hour revisions" to the Program and

to pre-existing severance plans effectively precluding Plaintiffs from receiving severance

under the pre-existing plans and forcing them into signing Releases. Allstate argues the

5

testimony and Plan documents did not entitle them to payments under these severance

plans because Plaintiffs were part of a "group reorganization" program, which it

specifically exempted from the Allstate Severance Pay Plan. Plaintiffs showed Allstate

amended the Severance Pay Plan to exclude those terminated under a "group

reorganization" program only a year and a half before the announcement of the Program,

while Allstate actively planned the Program. A jury could infer Allstate amended the

Plan to eliminate any incentive for an employee to not sign the Release.

•

Plaintiffs offered evidence Allstate subjected agents to additional non-compete and

confidentiality requirements if they chose to accept only base severance and not sign the

Release. Allstate contends "Plaintiffs ignore the fact that these were merely eligibility

requirements for receiving severance-the only consequence of violating them was that severance payments would stop." 15 As the jury learned at trial, base severance equaled

thirteen weeks of pay made over six months. The jury could conclude Allstate's

imposillg stringent non-compete restrictions on non-signing employees for approximately

twenty-six weeks, while remunerating them for only thirteen weeks of pay, constituted

another form of unfair economic pressure to dissuade them from not signing the Release.

Beyond the evidence regarding the voluntariness aspect of the totality of the circumstances test, Plaintiffs produced ample evidence of Allstate's misstatements to its employees. The jury could have logically found these misstatements, if believed, could have both deprived Plaintiffs of a knowing decision and exacerbated the already-existing financial pressures to sign the Release. Again, by way of example:
6

• Four of the Trial Plaintiffs testified Allstate represented the base severance option precluded them from contacting former customers for any commercial reason, even for businesses entirely unrelated to Allstate's business. 16 Although Allstate contends no Plaintiff testified he or she relied on such a statement, Allstate failed to meet its burden of eliciting testimony the Plaintiffs did not consider these statements. 17
• Plaintiffs offered evidence, contrary to a November 10, 1999 press release, Allstate imposed a hiring freeze in September 2000. Plaintiffs further produced evidence Allstate knew it would impose this freeze before November 1999 and falsely stated otherwise. The jury could credit Plaintiffs' testimony and find Allstate's alleged misrepresentation significantly affected some of the Prevailing Plaintiffs' decisions to sign the Release and convert to independent contractor status in the hopes of being rehired as an employee.
• Plaintiffs presented evidence, following the Program announcement, Allstate represented it had no plans to change Exclusive Agent commission rates, thereby making the Conversion Option of the Program more enticing. Plaintiffs showed Allstate changed the rates in September 2002 under previously-approved internal plans to reduce such comm1ss10ns. While the evidence conflicted on this issue, the jury could accept Plaintiffs' version. Allstate's Motion asks us to do precisely what Rule 50 prohibits: weighing the evidence,
determining the credibility of witnesses, and substituting the Court's version of facts for the jury's version. Both Plaintiffs and Allstate produced testimony and documents allowing a jury to draw inferences in favor of either side. Allstate's current effort to undermine the credibility of Plaintiffs' evidence does nothing more than highlight the overwhelming number of factual
7

issues. This evidentiary conflict precluded the Court from issuing a definitive ruling on summary judgment, and it is precisely this conflict which we now cannot resolve. 18 We require the jury, not the Court, to decide credibility and draw reasonable inferences to determine whether Allstate met its burden of proving, by a preponderance of the evidence, the Trial Plaintiffs knowingly and voluntarily signed the Release. The jury concluded Allstate had not met its burden as to the Prevailing Plaintiffs. 19 Viewing the record and all logical inferences in a light most favorable to Plaintiffs, we find the Prevailing Plaintiffs met the minimum quantum of evidence supporting the jury's verdict. We deny Allstate's Rule 50 Motion in the accompanying Order. III. DENIAL OF RULE 59 NEW TRIAL MOTION20
Allstate raises three points, but supports only two, in seeking a new trial: verdict against the weight of the evidence; error in allowing parol evidence to vary the unambiguous terms of Plaintiffs' integrated employment agreements; and, legally erroneous and prejudicial jury instructions. Allstate does not brief the weight of the evidence issue, supply the appropriate standard, or otherwise develop its argument. As such, we decline to consider this abandoned point21 and will address the arguments on parol evidence and jury instructions.
1. The Court properly permitted parol evidence. Allstate first suggests the Court erred by permitting Plaintiffs to introduce parol evidence of job security or a "job for life," allegedly contrary to unambiguous termination provisions in the employment agreements. Allstate claims it hired each Plaintiff under an employment agreement which identified Plaintiffs as at-will employees. We disagree. The parol evidence rule is a substantive rule of state law.22 It "bar[s]
8

consideration of prior representations concerning matters covered in [a] written contract, even
those alleged to have been made fraudulently, unless the representations were fraudulently omitted from the contract."23 "[P]arol evidence rule would, therefore, bar the admission of
evidence with respect to negotiations, conversations, and agreements to explain or vary the terms of the employment contract made prior to its execution."24
This trial did not involve Plaintiffs' state law breach of contract claims, which will be
resolved in an appropriate forum under our May 2, 2016 Order. Rather, the jury only considered
whether the Trial Plaintiffs knowingly and voluntarily signed the Release based on examining
the totality of the circumstances. Parol evidence is admissible for this purpose:
The inquiry into whether a waiver of ADEA rights was knowing and voluntary is, at bottom, an inquiry into the mental state of the party who is purported to have waived those rights. This is the rationale behind our rejection of pure contract analysis in favor of the totality approach. In order to protect truly voluntary bargains, we do not permit claims of subjective misunderstanding, standing alone, to defeat an otherwise valid release; but the totality approach permits the introduction of evidence, beyond that which could be considered for the purposes of interpreting a contract, from which the jury may infer that the releasor did not, in fact, understand the legal consequences of his actions.25
"Careful evaluation of the release form itself, and of the complete circumstances in which it was executed, is necessary to assure that the goals of the ADEA are preserved."26 "The majority of
circuits ... explicitly look beyond the contract language and consider all relevant factors in assessing a plaintiffs knowledge and the voluntariness of the waiver. ,m
The Court properly admitted this evidence. Allstate asserted the two employment
contracts at issue were at-will contracts allowing it to fire Plaintiffs at any time, with minimal
administrative requirements. Plaintiffs contended the contracts, by their plain terms, required (a)
a "job-in-jeopardy notice" before termination and (b) an "Agent Review Board" process. Many
9

Plaintiffs testified of being repeatedly told by Allstate managers, either in their initial interviews or during their employment, they would have a "job for life," "job security," or a job for "as long as you want it." Although this testimony technically constitutes parol evidence, the breach of contract claims were not before the jury and Plaintiffs' testimony did not vary express terms of a contract. 28 The evidence is relevant to the knowing and voluntary analysis at the center of trial. If Plaintiffs reasonably believed, based on Allstate's representations, they had job security and had consequently invested personal funds into their agencies in reliance, their signing of the Release to recoup their investments and maintain a business relationship with Allstate could be found involuntary. Further, the jury could conclude Allstate purposely exploited the vulnerabilities it created to coerce Plaintiffs into signing the Release.29 Given the proper use of this evidence at trial, we find no reversible error.
2. No errors in the jury instructions. Allstate seeks a new trial based on allegedly erroneous jury instructions: (1) a prejudicial instruction on voluntariness; (2) failure to instruct the jury as to its compliance with the OWBPA factors; and (3) a failure to instruct the jury on reliance as a necessary element of a misrepresentation claim. We view the instructions as a whole in determining whether jury charges are so misleading or inadequate as to be sufficiently prejudicial to warrant a new trial.30 "No error is present where either: (1) the challenged instructions accurately state the law relating to the particular issue under scrutiny or (2) the instructions to which the moving party objects are practically identical to the proposed jury instructions submitted by the movant."31 The terms used in jury instructions are left to the trial judge's sound discretion.32 Ultimately, the trial court's jury instruction will not comprise reversible error if, "taken as a whole and viewed in the
10

light of the evidence, [the instruction] fairly and adequately submits the issues in the case to the
jury [without confusing or misleading the jurors]."33
a. The voluntariness instruction
During the charging conference, Plaintiffs requested a modified jury instruction for the
"totality of the circumstances" test including both (a) Allstate is required to prove each Plaintiff
had a "meaningful choice" with respect to signing the Release; and (b) defining voluntariness as
something you "want to do." The following day, Allstate objected to word "meaningful" in the
instruction.34 Allstate countered the Court should define "voluntarily" as meaning "the Release
was product of a rational and deliberate choice by the Plaintiff to obtain the benefits offered by
Allstate instead of preserving or pursuing the right to sue."35 Overruling Allstate's objections,
the Court instructed the jury on the meaning of "voluntarily":
Next, the definition of voluntarily. An act is done voluntarily when it is something you want to do and not because you are forced to do. It is an act done by choice. In this case, Plaintiffs argues [sic] that they had no choice and were thus forced to sign the Release, that is to say that while there was an appearance of a choice, no meaningful choice in fact existed. Defendant argues that Plaintiffs were not forced into signing the Release but rather made a voluntary choice to sign the Release in order to get what was being offered to them in Options 1, 2 or 3. Defendant bears the burden of proving that the Release was voluntarily signed. 36
When describing the "totality of the circumstances" test, the Court listed the seven enumerated
factors from the case law and continued:
Now, this list is not exhaustive. And you may consider other factors that bear on the question of knowing and voluntariness. That is just a suggestion that some of you ought to consider. For example, that they were placed in a take it or leave it predicament that required them to either sign the Release or face financial ruin. Now, there is always some financial pressure in an employment termination situation and that financial pressure standing alone is insufficient to prove involuntariness. However, it is among the factors that may be considered by you in determining whether based on all the circumstances no meaningful choice
11

existed.37 Allstate now challenges the Court's inclusion of (a) "meaningful choice" and (b) "voluntary" means "something you want to do." Allstate claims "meaningful choice" is the standard for procedural unconscionability-an issue not before the jury-and is entirely unconnected to the "totality of the circumstances" test under Third Circuit precedent. Allstate ultimately contends inserting "meaningful choice" improperly expanded the OWBPA and is inconsistent with the concept of voluntariness defined in other well-developed areas of the Law.
Allstate does not cite, and we cannot find, courts holding, in the totality of the circumstances test under OWBPA, the term "voluntarily" is anything other than a "meaningful choice." Voluntariness cannot simply mean "choice" without modification. If so, a release could only be found to be involuntary if the employer physically forced the employee to sign. The question then is what type of choice is required before a release is deemed voluntary. Our Court of Appeals in Coventry v. United States Steel invalidated a release finding a lack of "voluntariness" or a decision not based on a volitional choice between real options when the plaintiffs only choice was a "Hobson's choice" between a lay-off of uncertain duration, bringing a certain cessation of his income, and an early retirement plan making pension benefits available to him only if he agreed to forego his ADEA rights.38 Similarly, in Torrez v. Public Service Company ofNew Mexico, the Tenth Circuit found no voluntariness where the plaintiff was in the "unenviable position" of facing a "Hobson's choice" between "nearly-certain layoff with no retirement benefits or obtaining the future retirement benefits available only if he signed the release."39 In both cases, while the courts did not include the word "meaningful," the terms "real options" or "unenviable position" suggest "voluntariness" means something more than mere
12

choice. To the extent Allstate argues "meaningful choice" is required only for procedural
unconscionability, which was not before the jury, its argument is likewise misplaced. While some courts of appeals apply "ordinary contract principles" in determining whether a waiver has been signed "knowingly and willfully," the Third Circuit applies a "totality of the circumstances" standard, "which is apparently more stringent."40 If the ordinary contract principle of procedural unconscionability mandates a showing of "meaningful choice," it is logical the "more stringent" voluntariness standard under the totality of the circumstances test would have to meet, at a minimum, the same standard.
Allstate's challenge to "something you want to do" does not warrant the grant of a new trial.41 When first introducing the concept of voluntariness, the Court stated "[a]n act is done voluntarily when it is something you want to do and not because you are forced to do. It is an act done by choice."42 Had this portion of the jury instruction stood in isolation, we would face a different question. Immediately following this instruction, however, the Court defined multiple factors considered in determining whether Plaintiffs signed the Release "by choice" or because Plaintiffs "want[ed] to," including: the clarity and specificity of the Release language, the Plaintiffs education and business experience, the amount of time the Plaintiff had for deliberation about the Release before signing it, whether the Plaintiff knew or should have known his or her rights upon execution of the Release, whether Plaintiff was encouraged to seek or in fact received the benefit of counsel, whether there was an opportunity for negotiation of the terms of the agreement, and whether the consideration given in exchange for the waiver and accepted by the employee exceeded the benefits to which the employee was already entitled by
13

contract or law.43 The Court further explained the jury could consider other factors bearing on
the question of knowing and voluntariness, such as whether Allstate placed the Plaintiffs in "a
take it or leave it predicament"-something more than mere financial pressure-"that required them to either sign the Release or face financial ruin. "44 The Court appropriately clarified the
meaning of "something you want to do," negating any possibility of prejudice.
We find no reversible error in the jury instruction on "voluntariness." "A court's review
of a jury instruction should be undertaken with an eye towards the instructions in their totality and 'not a particular sentence or paragraph in isolation. "'45 In addition to showing the Court
committed legal error in giving a certain instruction, a party must also show that the error had a
prejudicial effect, which exists where it "appears to the court [that the error is] inconsistent with substantr.n1 J.USt1. ce.,,46 Considering the voluntariness instruction as a whole, we find the
instruction accurately conveyed the Law and resulted in no prejudicial error to Allstate.
b. Failure to instruct the jury on Allstate's compliance with the OWBPA factors.
Allstate next objects to the Court's failure to instruct the jury as to its compliance with
the OWBPA factors when it instructed:
An individual may not waive any right or claim under [the ADEA] unless the waiver is knowing and voluntary .... [A] waiver may not be considered knowing and voluntary unless at a minimum-
(A) the waiver is part of an agreement between the individual and the employer that is written in a manner calculated to be understood by such individual, or by the average individual eligible to participate;
(B) the waiver specifically refers to rights or claims arising under this chapter;
(C) the individual does not waive rights or claims that may arise after the date the waiver is executed;
14

(D) the individual waives rights or claims only in exchange for consideration in addition to anything of value to which the individual is already entitled;
(E) the individual is advised in writing to consult with an attorney prior to executing the agreement;
(F) (i) the individual is given a period of at least 21 days within which to consider the agreement; or
(ii) if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the individual is given a period of at least 45 days within which to consider the agreement;
(G) the agreement provides that for a period of at least 7 days following the execution of such agreement, the individual may revoke the agreement, and the agreement shall not become effective or enforceable until the revocation period has expired;
(H) if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the employer (at the commencement of the period specified in subparagraph (F)) informs the individual in writing in a manner calculated to be understood by the average individual eligible to participate, as to-
(i) any class, unit, or group of individuals covered by such program, any eligibility factors for such program, and any time limits applicable to such program; and
(ii) the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program.47
In its Summary Judgment Opinion, the Court concluded "Allstate has satisfied its burden of
affirmatively demonstrating that the Release at issue meets all eight of [the OWBPA]
reqm.rements. ,,48
Before trial, Allstate requested the Court inform the jury about the foregoing statutory
15

OWBPA factors and the Court having determined Allstate met these requirements. The Court,
however, declined to enumerate those factors for the jury, but included in the Established Facts
the following statement: "[t]his Court has already found, as a matter of law, that the Release at
issue in this case has complied with the minimum requirements under the Older Workers Benefit Protection Act."49 Allstate now contends most of the OWBPA requirements it satisfied as a
matter of law are codifications of the "totality of the circumstances" factors and, therefore, the
Court should have instructed the jury of Allstate's compliance with these specific factors.
Allstate claims this omission is prejudicial.
The analysis is different. Congress enacted the OWBPA to "establish[ ] a floor, not a ceiling."50 The OWBPA plainly states its listed statutory requirements are a minimum for determining whether a waiver is knowing and voluntary. 51 OWBPA's legislative history behind
confirms this plain meaning interpretation.
Title II of the [OWBPA] provides ... that waivers not supervised by the EEOC may be valid and enforceable if they meet certain threshold requirements and are otherwise shown to be knowing and voluntary . . . The individual [waiving his rights] ... must have acted in the absence of fraud, duress, coercion, or mistake of material fact. The Committee expects that courts reviewing the "knowing and voluntary" issue will scrutinize carefully the complete circumstances in which the waiver was executed.... The bill establishes specified minimum requirements that must be satisfied before a court may proceed to determine factually whether the execution of a waiver was "knowing and voluntary."52
Once a court determines a release satisfies the minimum statutory factors, the court must engage
in a second and separate analysis of the "totality of the circumstances" to determine if the release
of an employment discrimination claim is knowing and voluntary. This second analysis requires
a court "explicitly look beyond the contract language and consider all relevant factors in assessing a plaintiff's knowledge and the voluntariness of the waiver."53 Repeatedly, appellate
16

courts have reversed decisions where the lower court, while addressing the OWBPA factors, did not conduct a "totality of the circumstances" analysis to ensure the signatory knowingly and voluntarily signed a release. 54
Judge Buckwalter, after lengthy consideration, found Allstate's Releases sufficiently complied with the OWBPA factors and technical requirements. The Court looked strictly at the Release itself, without consideration of the individual Plaintiffs, and determined, standing alone, the Release satisfied the requisite baseline elements established by Congress in OWBPA. Judge Buckwalter then properly turned to the totality of the circumstances test and found multiple questions of material fact remained regarding whether the Trial Plaintiffs knowingly and voluntarily signed the Releases.
At trial, the jury only decided whether each individual Trial Plaintiff knowingly and voluntarily signed the Release under the totality of the circumstances test. The jury did not consider whether Allstate satisfied the statutory OWBPA factors. As such, the Court lacked a legal basis to instruct the jury on the specific OWBPA factors or how the Release met those factors. Although some of the OWBPA factors have minimal overlap with some of the considerations for the totality of the circumstances test, the overlap is far from identical. For example, OWBPA requires the release be written "in a manner calculated to be understood by such individual, or by the average individual eligible to participate," whereas the totality of the circumstances test inquires whether the specific plaintiffs understood the Release and the specific rights being released. While OWBPA mandates the individual be advised in writing to consult with an attorney prior to executing the agreement, the totality of the circumstances test asks whether the plaintiff in fact received the benefit of counsel and whether there was an opportunity
17

for negotiation. The OWBPA factors are baseline checkpoints examined solely from the perspective of the written document alone; the totality of the circumstances factors constitute individualized, fact-specific inquiries.
To properly engage in the fact-intensive totality of the circumstances inquiry, the jury must be aware of the actual totality of the circumstances. We cannot short-cut this analysis by instructing the jury Allstate told Plaintiffs to consult with an attorney or gave the Plaintiffs at least forty-five days to consider the Release, or the Release is generally understandable to a person of average intelligence. These types of instructions would improperly withdraw evidentiary considerations from the jury and prevent a full analysis of the entirety of all the facts to determine whether each Trial Plaintiff knowingly and voluntarily signed the Release. Allstate explicitly recognizes this point when opposing Plaintiffs' motion to certify a class, arguing "Plaintiffs seek certification on four issues that constitute mere slivers of broader questions that require holistic analyses - i.e., the 'totality' of factual circumstances;" that "the 'totality' of the circumstances test requires a broad examination of all relevant 'circumstances' and of both the voluntariness and knowledge factors;" and ''the Court must consider Plaintiffs' individual circumstances in addition to how Allstate allegedly 'structured and implemented the Program. '"55 Given its concessions, Allstate is now hard-pressed to argue the Court should have affirmatively removed some of these circumstances from the jury.
Finally, Allstate is mistaken to the extent it claims the Court already decided some of the facts underlying the totality of the circumstances test and should have so instructed the jury. In the summary judgment opinion, the Court reviewed six of the seven Court of Appeals' factors in a totality of the circumstances analysis and found those factors seemed to lean in favor of
18

Allstate's position. The Court then clarified "limiting the analysis to such factors results in a
myopic view of what may have actually occurred in this case." Ultimately, the Court concluded:
At the core of this analysis, the Court is left with the task of drawing inferences from the evidence, weighing the credibility of witnesses, and affixing a characterization to the events that occurred. On one hand, a methodical analysis under a strict application of the enumerated totality of the circumstances factors yields a finding that the Release, while not necessarily desirable, was supported by some consideration and was the product of the educated free will of the Plaintiffs upon being given ample opportunity to consult with counsel and carefully read the terms of the Program. On the other hand, that methodical application of a defined set of factors offers a short-sighted view of what occurred in this matter. Underneath the impression conveyed by the more rigid analysis lies an alternate-and very plausible- picture that Allstate forced its employees into signing a Release with no real option for them other than losing their investments, their livelihood, their health coverage, and their retirement benefits. While the Court is tempted to find as a matter of law that these circumstances deprived the Release of the requisite voluntariness, the competing stories offered by the parties, considered in the totality of the circumstances, create a genuine question of fact as to whether Plaintiffs voluntarily waived their rights to bring a federal claim. Such a question is not properly decided by a Court as a matter of law, but rather is best resolved by a jury.
On one hand, Allstate seems to have technically abided by its legal duties by complying with OWBPA and satisfying most of the enumerated factors under the totality of the circumstances test. On the other hand, the overall construction of the Program and Release requirement, together with the information--or lack thereof-disseminated by Allstate, seems to have eliminated any real choice or understanding. As repeatedly emphasized above, the true story will only be revealed through live testimony, credibility determinations, and weighing of various pieces of documentary evidence. 56
The Court recognized the jury must consider all of the circumstances surrounding the Plaintiffs'
signing of the Release and determine whether they knowingly and voluntarily signed. 57 We find
the Court properly denied Allstate's request for a jury instruction the Release complied with the
OWBPA factors.
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c. Failure to instruct jury on actual reliance for purposes of material misrepresentations or omissions.
Over Allstate's objections, the Court instructed the jury on misrepresentation:
If you find misrepresentations were made or facts were omitted by Allstate, then you must determine whether they were material. A fact or omission is material if a reasonable person in Plaintiffs' position would have considered it to be important in making his or her decision. Minor or inconsequential misrepresentations or omissions may occur and do not affect the validity of the release. Only if such misrepresentation of material acts were made by defendant and the particular plaintiff was aware of the misrepresentations or material omission occurred, then Plaintiffs decision about whether to sign the release was not knowing. 58
Allstate now asserts this instruction failed to properly apprise the jury a Plaintiff must
rely on a misrepresentation for it to be used as part of the jury's calculus under the totality of the
circumstances test. Allstate argues the jury instruction is contrary to the Court's finding for
summary judgment purposes "a material representation may affect whether a release was
knowingly signed and may, in tum, invalidate the release if there is evidence that the signers
would have acted differently. "59
Allstate is mistaken. After comment and rulemaking, the Equal Employment
Opportunity Commission ("EEOC") adopted regulations explaining the "knowing and
voluntary" requirement for waivers of ADEA claims. Without mentioning reliance, the EEOC
continued "(o]ther facts and circumstances may bear on the question of whether the waiver is
knowing and voluntary, as, for example, if there is a material mistake, omission, or misstatement
in the information furnished by the employer to an employee in connection with the waiver."60
The EEOC went on to clarify the intent of this omission: "EEOC does not accept the suggestion
by one commentor that a material error will invalidate a waiver agreement only if an employee
proves that the error was intentional and that he/she reasonably relied upon the misinformation.
20

Reliance is not an element of proof either in the statute or the regulation, and errors need not be intentional to be material."61
Given the EEOC's unequivocal interpretation of the OWBPA, we concur with Judge Buckwalter and find the element of reliance is not part of the knowing and voluntary standard.62 To hold otherwise would shift the burden of proving the Trial Plaintiffs knowingly signed the Release from Allstate to the Trial Plaintiffs. The Court did not err in declining to specifically instruct the jury on the reliance element. IV. CONCLUSION
We find no basis for granting judgment in favor of Allstate as a matter of law under Federal Rule of Civil Procedure 50 nor grounds for a new trial under Federal Rule of Civil Procedure 59. Viewing the jury instructions as a whole, the Court cannot conclude that they were so misleading or inadequate as to be sufficiently prejudicial to warrant a new trial. The instructions accurately stated the law relating the particular issue under scrutiny, and were not improperly confusing or misleading. We deny Allstate's Motion in the accompanying Order.
1 Upon consent, Judge Buckwalter agreed to a trial on the validity of the Release for ten of the first filed Plaintiffs: Roger Boyd, Craig Crease, Ronald Harper, Mike Kearney, Sylvia Kelly, David Lawson, Ed Murray, Christopher Perkins, Rick Peterson, and Paula Reinerio (collectively, "Trial Plaintiffs"). 2 A renewed motion for judgment as a matter of law may be granted if "a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue." Fed. R. Civ. P. 50(a), (b). The court should grant such a motion "only if, viewing the evidence in the light most favorable to the nonmovant and giving it the advantage of every fair and reasonable inference, there is insufficient evidence from which a jury reasonably could find liability." Lightning Lube, Inc. v. Witco Corp., 4 F.3d 1153, 1166 (3d Cir. 1993).In assessing the sufficiency of the
21

evidence, the court may not weigh the evidence, determine the credibility of witnesses, or substitute its version of facts for the jury's version. "Thus, although the court should review the record as a whole, it must disregard all evidence favorable to the moving party that the jury is not required to believe." Reeves v. Sanderson, 530 U.S. 133, 151 (2000). Rule 50 motions should be granted "sparingly," and only where "the record is critically deficient of the minimum quantum of evidence" in support of the verdict. Gomez v. Allegheny Health Servs., Inc., 71 F.3d 1079, 1083 (3d Cir. 1995).Coventry v. US Steel Corp., 856 F.2d 514, 521-22 (3d Cir. 1988) (citing Alexander v. Gardner-Denver Co., 415 U.S. 36, 52 (1974)); Potoski v. Wilkes Univ., No. 062057, 2010 WL 3811973, at *13 (M.D. Pa. Sept. 22, 2010).
3 Coventry v. US Steel Corp., 856 F.2d 514, 521-22 (3d Cir. 1988) (citing Alexander v. Gardner-Denver Co., 415 U.S. 36, 52 (1974)); Potoski v. Wilkes Univ., No. 06-2057, 2010 WL 3811973, at *13 (M.D. Pa. Sept. 22, 2010).
4 Coventry, 856 F.2d at 522-23.
5 Cirillo v. Arco Chem. Co., 862 F.2d 448, 451 (3d Cir. 1988) (citing Coventry, 856 F.2d at 523), superseded by statute as stated in Long v. Sears Roebuck & Co., 105 F.3d 1529, 1539 (3d Cir. 1997) (holding the Older Workers Benefit Protection Act supersedes Cirillo with respect to the Age Discrimination in Employment Act of 1967).
6 Caban Hernandez v. Philip Morris USA, Inc., 486 F.3d 1, 8 (1st Cir. 2007).
7 Cuchara v. Gai-Tronics Corp., 129 F. App'x 728, 731 (3d Cir. 2005) (quoting WB. v. Matula, 67 F.3d 484, 497 (3d Cir. 1995)).
8 See 29 C.F.R. § 1625.22(a)(3) (2014) (noting in addition to the minimum requirements set out by the OWBPA, "other facts and circumstances may bear on the question of whether the waiver is knowing and voluntary."); Long v. Sears Roebuck and Co., 105 F.3d 1529, 1539 (3d Cir. 1997) (holding OWBPA was enacted to "establish[] a floor, not a ceiling") (quotations omitted); see also Bennett v. Coors Brewing Co., 189 F.3d 1221, 1228 (10th Cir. 1999) (holding the statutory factors of the OWBPA are not exclusive and other circumstances, in addition to the express statutory requirements, may impact whether a waiver under the OWBPA is knowing and voluntary). "[A]s the issue of the release is an affirmative defense, the burden of proving that it was knowingly accepted is on [the party seeking to enforce it.]" Jakimas v. Hoffman-La Roche, Inc., 485 F.3d 770, 782 (3d Cir. 2007). Ultimately-and crucially for purposes of this Motionthe knowingly and voluntary analysis is a highly fact-intensive mqmry. Livingston v. Adirondack Beverage Co., 141F.3d434, 437-38 (2d Cir. 1998).
9 Laniok v. Advisory Comm. of the Brainerd Mfg. Co. Pension Plan, 935 F.2d 1360, 1368 (2d Cir. 1991).
22

10 As this Court previously remarked in the February 2014 Memorandum and Order on the parties' cross-motions for summary judgment, "[w]hile, at first blush, these six factors, considered collectively, seem to suggest that the Release was signed voluntarily, limiting the analysis to such factors results in a myopic view of what may have actually occurred in this case." Romero v. Allstate Ins. Co., 1 F. Supp. 3d 319, 406 (3d Cir. 2014).
11 Allstate contends it "is not aware of any case-and Plaintiffs have cited none-in which a Release satisfying the OWBPA was nevertheless found to be invalid under the 'totality of the circumstances' test. Were the Court to find the evidence sufficient here to uphold the verdicts, it would, as far as Allstate can tell, be the first court to invalidate a release meeting all the legal requirements of the OWBPA and six of the seven factors under the 'totality of the circumstances' test." (Allstate's Reply Br. 2-3.) This argument disregards the crucial principle the requirements of OWBPA are "a minimum" for ensuring that a release is knowing and voluntary. Bennett v. Coors Brewing Co., 189 F.3d 1221, 1228-29 (10th Cir. 1999). "[D]espite a waiver's compliance with the OWBPA's guidelines, it will not be deemed knowingly and voluntarily executed if the employee was under duress or otherwise intimidated into signing by the employer." Cassiday v. Greenhorne & O'Mara, Inc., 220 F. Supp. 2d 488, 492 (D. Md. 2002), ajf'd, 63 F. App'x 169 (4th Cir. 2003). Moreover, it is well settled "[t]he validity of a release is a particularly fact-intensive inquiry." McCormack v. IBM, No. 14-3242, 2015 WL 6866300, at* 14 (S.D.N.Y. Nov. 9, 2015) (internal quotations omitted).
12 See Caban Hernandez v. Philip Morris USA, Inc., 486 F.3d 1, 8 (1st Cir. 2007); Cirillo, 862 F.2d at 451.
13 As described by our Court of Appeals in Coventry v. US. Steel Corporation, 856 F.2d 514 (3d Cir. 1988), a d~cision between signing a release and obtaining benefits versus not signing a release and being left empty-handed can result in a "Hobson's choice" depriving the release of its voluntary nature. See id. ('"[Plaintiffs] choice,' therefore, after thirty-five years of service, was between a lay-off of uncertain duration, that would bring the certain cessation of his income, and an early retirement plan that would make pension benefits available to him only if he agreed to forego his rights under the ADEA. These circumstances illustrate that [plaintiffs] decision to sign the release was not the result of negotiation between him and his employer, and, further, that [plaintiff] was placed in precisely the 'take it or leave it' predicament that supports a finding that his decision was not knowingly and willfully made."); see also Bittner v. Blackhawk Brewery and Casino, LLC, No. 03-2274, 2005 WL 1924499, at *5 (D. Colo. Aug. 9, 2005) ("Although economic pressure is not a formal factor ..., a jury could conclude that undue pressure placed on the Plaintiff by Defendant Stano prevented her from making an informed and voluntary waiver of her rights."). Citing Coventry, Allstate argues "under Third Circuit law governing the 'totality of the circumstances' test, a release can only be found involuntary if the effect of the offered consideration is to negatively impact benefits the employee otherwise would have been entitled to upon tern1ination." (Allstate's Mem. Supp. Renewed Mot. for J. 18.) The Court finds no support for this restrictive interpretation of Coventry.
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14 The Court explicitly rejected this same argument in denying Allstate's motion in limine.
15 (Defs.' Reply Supp. Renewed Mot for J. 10.)
16 All of the Plaintiffs received a Program Information Booklet and eleven sets of Questions and Answers wherein Allstate represented "[t]he Allstate customer list is Allstate's property and cannot be used by a former agent for any purpose including marketing non-insurance products." (5/28/15 Order, ECF No. 603, Ex. A, Established Fact No. 77.)
17 See Jakimas v. Hoffman-La Roche, Inc., 485 F.3d 770, 782 (3d Cir. 2007) (suggesting because the party seeking to enforce the Release has the burden of proof, it is that party's burden to show that a misstatement or misrepresentation did not affect the signer's decision-making). Allstate argues none of its documents told Plaintiffs they would be forever contractually barred from soliciting their former customers (including family and friends) even for non-competing business purposes. Notably, however, the Program Booklet specifically posed the question of whether, if an agent ended his/her agency relationship and took employment selling a non-insurance product, "can the agent contact his/her prior Allstate customers regarding the product." (Pls.' Trial Ex. 19, P-21, at ARI 123575, at No. 20.) Allstate answered, "No.... it is a violation of the confidentiality provision. The Allstate customer list is Allstate's property and cannot be used by a former agent for any purpose including marketing non-insurance products." (Id.) These restrictions were in neither contract.
18 We are not persuaded by Allstate's citation to multiple courts declining to invalidate releases based on allegations of a Hobson's choice. While these cases recognized the possibility extreme financial pressure, resulting in a Hobson's choice, could invalidate a Release, these cases involved distinct and factually distinguishable scenarios. See Ponzoni v. Kraft Foods, Inc., 774 F. Supp. 299, 311 (D.N.J. 1991) (distinguishing Coventry because the plaintiff had the opportunity to negotiate and was still entitled to pension benefits and normal severance pay if he did not sign the release); Pears v. Spang, 718 F. Supp. 441, 447 (W.D. Pa. 1984) (distinguishing Coventry because there was no Hobson's choice requiring the plaintiff to choose between his ADEA claims and his pension); Caban Hernandez v. Philip Morris USA, Inc., 486 F.3d 1, 10-11 (1st Cir. 2007) (finding no Hobson's choice where plaintiffs alleged they were forced to sign a release based on pressure, range, indignation, and depression caused by a hostile and discriminatory work environment); Mullen v. NJ Steel Corp., 773 F. Supp. 1534, 1545-46 (D.N.J. 1999) (distinguishing Coventry because plaintiff could receive unemployment compensation and benefits due him without signing the Release).
19 Judge Buckwalter's well-reasoned conclusion on procedural unconscionability is of no moment. Our review found the parties' evidentiary submissions as to meaningful choice balanced rather evenly. Since Plaintiffs had the burden of proof on unconscionability, the Court simply could not find that they met their burden. Had the burden of proof been on Allstate, it is possible the Court would have ruled in Plaintiffs' favor.
24

20 Rule 59(a) does not specify grounds on which we may grant a new trial. "The decision to grant or deny a new trial is confided almost entirely to the discretion of the district court." Blancha v. Raymark Indus., 972 F.2d 507, 512 (3d Cir. 1992) (citing Allied Chem. Corp. v. Daiflon, Inc., 449 U.S. 33, 36 (1980)); see also Coney v. NPR, Inc., 312 F. App'x 469, 471 n.5 (3d Cir. 2009). The court may order a new trial if it is required to prevent injustice or to correct a verdict contrary to the weight of the evidence. Am. Bearing Co. v. Litton Indus., Inc., 729 F.2d 943, 948 (3d Cir. 1984). When the motion involves a matter within the sound discretion of the trial court, such as the court's evidentiary rulings, points for charge to the jury, or a prejudicial statement made by counsel, the court has wide latitude in ruling on the motion. Dean v. Specialized Sec. Response, 876 F. Supp. 2d 549, 552-53 (W.D. Pa. 2012). Requests for a new trial are disfavored by the law. Price v. Trans Union, L.L.C., 839 F. Supp. 2d 785, 792 (E.D. Pa. 2012). A trial court will not grant a new trial on the basis of trial error unless the error resulted in prejudice. Id. "In other words, no injustice will be found in nonprejudicial trial errors." Dean, 876 F. Supp. 2d at 552-53.
21 A court should order a new trial when, in its opinion, the verdict is contrary to the "great weight of the evidence." Roebuck v. Drexel Univ., 852 F.2d 715, 736 (3d Cir. 1988). "[N]ew trials because the verdict is against the weight of the evidence are proper only when the record shows that the jury's verdict resulted in a miscarriage of justice or where the verdict, on the record, cries out to be overturned or shocks our conscience." Williamson v. Consol. Rail Corp., 926 F.2d 1344, 1353 (3d Cir.1991); see also Roebuck, 852 F.2d at 736.
22 Mellon Bank Corp. v. First Union Real Estate Equity and Mortg. lnvs., 951 F.2d 1399, 1405 (3d Cir. 1991).
23 Dayhoff, Inc. v. HJ Heinz Co., 86 F.3d 1287, 1300 (3d Cir. 1996) (emphasis omitted).
24 Haywoodv. Univ. ofPittsburgh, 976 F. Supp.2d 606, 636-37 (W.D. Pa. 2013).
25 Pierce v. Atchison Topeka and Santa Fe Ry. Co., 110 F.3d 431, 442 (7th Cir. 1997).
26 Coventry, 856 F.2d at 523 (emphasis added).
27 Torrez v. Public Serv. Co. of New Mexico, Inc., 908 F.2d 687, 689 (10th Cir. 1990) (citing Stroman v. W Coast Grocery Co., 884 F.2d 458, 462 (9th Cir.1989); Riley v. Am. Family Mut. Ins. Co., 881 F.2d 368, 373-74 (7th Cir.1989); Bormann v. A T & T Commc'ns, Inc., 875 F.2d 399, 403 (2d Cir.), cert. denied, 493 U.S. 924 (1989); Cirillo, 862 F.2d at 451; Coventry, 856 F.2d at 522-23; Rogers v. Gen. Elec. Co., 781 F.2d 452, 456 (5th Cir. 1986)).
28 Allstate notes even if the Court properly admitted the evidence for the totality of the circumstances test, the Court should have instructed the jury such evidence does not vary the terms of Plaintiffs' employment agreements. It goes on to contend the Court's failure to give such an instruction, despite Allstate's request, constitutes error requiring a new trial. Such an instruction, however, was entirely unnecessary as the only issue at trial was whether the Trial
25

Plaintiffs knowingly and voluntarily signed the Releases. Even if the jury mistakenly believed the parol evidence could be used to alter the terms of the Plaintiffs' employment contracts, this mistaken belief would have no impact on any verdict it could render.
29 Alternatively, Allstate argues regardless of the parol evidence rule, none of Plaintiffs' evidence or argument contesting the at-will nature of their employment should have reached the jury because the meaning of an unambiguous contract is a question of law. Allstate contends the Court should have determined prior to trial, as a matter of law, the Allstate contracts were terminable at-will, and so instructed the jury. Such an instruction, however, would have been in error as the breach of contract issue was not before the Court. Repeatedly, this Court made clear the parties have been litigating only the validity of the Release under a federal standard, which does not depend on whether the contracts at issue were at-will.
30 Savarese v. Agress, 883 F.2d 1194, 1202 (3d Cir. 1989).
31 Drames v. Sun River Inv., SA., 820 F. Supp. 209, 215-16 (E.D. Pa. 1993), ajf'd, 17 F.3d 1429 (3d Cir. 1994).
32 United States v. Simon, 995 F.2d 1236, 1243 n.11 (3d Cir. 1993).
33 Id. (quotations omitted).
34 (Allstate's Mot. for New Trial, Ex. 29.)
35 (Id.)
36 (6/16/15 Trial Tr., ECF No. 682, at 194:5-17.)
37 (Id. at 195:21-196:10.)
38 856 F.2d at 524.
39 908 F.2d at 690.
40 Bormann v. AT&T Commc'ns., Inc., 875 F.2d 399, 403 (2d Cir. 1989) (citing Coventry and adopting the Third Circuit's "more stringent" totality of the circumstances test).
41 Plaintiffs assert Allstate should be estopped from making this argument because it introduced the concept of "want" into the voluntariness instructions and Allstate waived its objection to this portion of the instruction under Federal Rule of Civil Procedure 51. As the Court does not find error in the instruction, we need not address these arguments.
42 (6/16/15 Trial Tr., ECF No. 682, at 194:5-7.)
26

43 (6/16/16 Trial Tr., 194:18-195:20.)
44 (Id. at 195:21-196:10.)
45 Agere Sys., Inc. v. Atmel Corp., No. 02-864, 2005 WL 2994702, at *2 (E.D. Pa. Aug. 17, 2005) (quoting In re Braen, 900 F.2d 621, 626 (3d Cir. 1990)).
46 Advanced Displays Sys., Inc. v. Kent State Univ., 212 F.3d 1272, 1281 (Fed. Cir. 2000) (quotations omitted).
47 29 u.s.c. § 626(±)(1).
48 Romero v. Allstate Ins. Co., 1 F. Supp. 3d 319, 404 (E.D. Pa. 2014).
49 (6/2/15 Trial Tr., ECF No. 672, at 52:5-8.)
50 Long v. Sears Roebuck & Co., 105 F.3d 1529, 1539 (3d Cir. 1997) (quotations omitted).
51 29 U.S.C. § 626(±)(1) ("a waiver may not be considered knowing and voluntary unless at a minimum ... [it complies with the listed statutory requirements.]").
52 S.Rep. No. 101-263, at 31-32 (1990), reprinted in 1990 U.S.C.C.A.N. 1509, 1537 (emphasis added).
53 Torrez, 908 F.2d at 690 (emphasis added); see also Ricciardi v. Elec. Data Sys. Corp., No. 035286, 2007 WL 576323, at *3 (E.D. Pa. Feb. 20, 2007) ("If a release meets the minimum standards set by the OWBPA, further inquiry is required to decide whether the release was executed knowingly and voluntarily .... once the minimum requirement has been met, a court may proceed to determine whether the execution of a waiver is 'knowing and voluntary." The 'totality of the circumstances' approach is used by the Third Circuit to make such a determination."); Aylaian v. Town of Huntington, 762 F. Supp. 2d 537, 540 (E.D.N.Y. 2011) ("Where, as here, a plaintiffs employment discrimination claims arise under the Age Discrimination in Employment Act (the "ADEA''), as well as other statutes, any release must comply with both the Older Workers' Benefit Protection Act of 1990 ("OWBPA") ... as well as a 'totality of the circumstances' test."), aff'd, 459 F. App'x 25 (2d Cir. 2012); see also Foster v. Mountain Coal Co., L.L.C., 61 F. Supp. 3d 993, 1002-03 (D. Colo. 2014) ("Since I find that the Agreement met the requirements of the OWBPA, I next analyze Plaintiff Fisk's ADEA claim to determine whether Plaintiff Fisk's waiver in the Agreement was 'knowing and voluntary' under the totality of the circumstances.").
54 See Bennett v. Coors Brewing Co., 189 F.3d 1221, 1229 (10th Cir. 1999) (finding reversible error where district accurately determined that the release complied with the eight statutory OWBPA elements, but failed to address the totality of the circumstances surrounding the release
27

to discern whether it was knowing and voluntary); Griffith v. Kraft Gen. Foods, Inc., 62 F.3d 368, 373-74 (11th Cir. 1995) (reversing where district court considered OWBPA factors, but failed to conduct a totality of the circumstances analysis).
55 (Allstate's Resp. Opp'n Class Cert, ECF No. 468, at 59, 63, 64)
56 Romero v. Allstate Ins. Co., 1 F. Supp. 3d 319, 411-12 (E.D. Pa. 2014).
57 Allstate's reliance on Hayduk v. City of Johnstown, 386 F. App'x 55 (3d Cir. 2010) is misplaced. The Third Circuit found plain error where the district court expressly determined, during summary judgment, as to notice under the Family and Medical Leave Act on two relevant dates, but then submitted those same actual issues to the jury even though the defendant relied on the summary judgment ruling and did not present any additional evidence on that issue. Id. at 61-62. Here, all of the facts found by the Court as undisputed on summary judgment, including facts underlying some of the enumerated "totality of the circumstances factors", were submitted to the jury through a reading of "Established Facts." The Court made no express finding the totality of the circumstances showed the Trial Plaintiffs knowingly and voluntarily signed the Release. As such, the same error found in Hayduck does not exist here.
58 (6/16/15 Trial Tr., ECF No. 692, at 193:14-194:1.)
59 Romero, 1 F. Supp. 3d at 412 (emphasis added) (citing Jakimas, 485 F.3d at 781-82).
60 29 C.F.R. § 1625.22(a)(3).
61 Waiver of Rights and Claims Under the Age Discrimination in Employment Act (ADEA), 63 Fed. Reg. 30624-01, 30626 (June 5, 1998). The cases Allstate cites in support of the proposition reliance is an element of a knowingly and voluntary analysis are inapposite and do not establish reliance as an element in the totality of the circumstances test. See Jakimas, 485 F.3d at 781-82 (holding only that "[g]enuine issues of material fact exist as to whether and when the Appellants ... were informed or misinformed about their ability to roll-over their 401(k)s. [Appellants] assert that they would have acted differently had they known of the tax consequences." Noting, in any event, the burden falls on the party seeking to enforce the release that there is an absence of reliance); Pierce v. Atchinson, Topeka & Santa Fe Ry. Co., 65 F.3d 562, 569 (7th Cir. 1995) (discussing proof of reasonable reliance in the context of the Illinois defense of fraudulent inducement, not the federal totality of the circumstances standard); Jordan v. SmithKline Beecham, Inc., 958 F. Supp. 1012, 1020 (E.D. Pa. 1997) (discussing justifiable reliance in the context of the Pennsylvania misrepresentation defense not the federal totality of the circumstances standard), aff'd, 142 F.3d 428 (3d Cir. 1998); Martinez v. Nat'l Broad. Co., 877 F. Supp. 219, 227 (D.N.J. 1994) (mentioning only plaintiff testified he relied on fraudulent promises without indicating reliance was an actual element); DePace v. Matsushita Elec. Corp. ofAm., 257 F. Supp. 2d 543, 556-57 (E.D.N.Y. 2003) (discussing proof ofreasonable reliance in the context of state law defense of fraudulent inducement); Feret v. First Union Corp., No.
28

Civ.A.97-6759, 1999 WL 80374, at *8 (E.D. Pa. Jan. 25, 1999) (declining to find misrepresentations were material under federal totality of the circumstances test where among multiple other factors, plaintiffs failed to show how their lack of knowledge "did or could have influenced the decision-making of the plaintiffs."). 62 Allstate also argues this Court made several statements in its summary judgment Opinion regarding the need for Plaintiffs to show they would have acted differently had they known the truth about the misrepresentation. Allstate mischaracterizes the Court's Opinion. The Court found substantial evidence Allstate made misrepresentations, but declined to grant summary judgment in Plaintiffs' favor to allow Allstate to disprove the materiality of these statements by showing Plaintiffs would not have acted any differently. Nothing in the Court's Opinion establishes reliance as an element of the totality of the circumstances test, especially since, at all times, the burden rests on Allstate to show the Plaintiffs' knowing and voluntary signing of the Release. The Court made it abundantly clear Plaintiffs did not need to prove all six elements of common law fraud, which include reliance, to void the Release for a purported misrepresentation. Romero, 1 F. Supp. 3d at 412 n.54.
29

 
 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENER. ROMERO, ET AL., Plaintiffs,
v. ALLSTATE INSURANCE COMPANY, et al.,
Defendants.

NO. 01-3894
CONSOLIDATED with Nos. 01-6764,03-6872, 15-1017, 15-1049, 15-1190, 15-2602, 15-2961, 15-3047

KEARNEY,J.

MEMORANDUM

July 6, 2016

Over sixteen years ago, Allstate terminated employment contracts of approximately 6,200 employee-agents and offered four alternative post-Allstate futures. Since then, 499 individual agents have sued claiming Allstate's decision violates uniform federal law applying to all agents and in part violates the differing common law of the forty states where they reside. We directed the agents file a consolidated complaint to preserve all claims. We now proceed to resolve the common federal questions through trial later this year without prejudice to the later resolution of the wide variety of state law issues raised by the 499 plaintiffs in appropriate districts. As confirmed in the accompanying Order, we find the agents stated claims under BRISA and the ADEA in large part, but we grant Allstate's motion narrowing issues for discovery and resolution of the common federal questions.

I.

Relevant Factual History1

Before November 1999, Allstate employed the majority of its captive agents under

contract entitled to a wide range of company-sponsored health, welfare, and retirement benefits.

On November 10, 1999, Allstate announced, as part of a new business model, reorganizing its

captive agency force into a single exclusive agency independent contractor program. With few

exceptions, Allstate terminated the employment contracts of the more than 6,200 employee

agents effective no later than June 30, 2000. Allstate offered the agents working under contracts

four options. Allstate conditioned the first three options upon the agents signing a release (the

"Release"). Several employee agents brought age discrimination charges against Allstate with

the Equal Employment Opportunity Commission ("EEOC"). On August 1, 2001, thirty-two (32) employee agents (the "Romero !Plaintiffs") began this Action by suing Allstate.2 After years of

precedent Orders from this Court and our Court of Appeals as guideposts, we now review the

final consolidated complaint brought by 499 agents seeking: declaratory relief invalidating the

Release as it applies to ERlSA and Age Discrimination in Employment Act (ADEA) claims;

damages for interference and retaliation under Section 510 of ERlSA; damages for

discriminatory termination and retaliation under ADEA; breach of contract; breach of fiduciary

duty under ERlSA and common law; interference with early retirement benefits under ERlSA;

and post-termination retaliation and interference under ERlSA and ADEA.

II. Analysis

Allstate seeks dismissal of (1) all of the agents' state law claims; (2) the agents' disparate

impact claim under ADEA; (3) the ERlSA § 510 claims of the Tabor, Anzivine, and Siegfried

Plaintiffs; (4) the ERlSA breach of fiduciary duty claims of the Abell Plaintiffs; (5) the retaliation
2

claims in Counts II, III, and IV; (6) the ADEA and ERISA retaliation claims of the Romero III
Plaintiffs; and (7) most of the claims filed by Plaintiffs Edwin Murray and Christopher Perkins.3 A. Dismissal of state law claims is denied without prejudice. Allstate seeks dismissal of the agents' state law claims under various theories, including
the tender-back and ratification doctrines, statutes of limitations, and the at-will employee theory. Although previously addressed by Judges Buckwalter and Pappert, resolving these claims now would require us to delve into the nuances of approximately forty (40) different states' laws. As defined in our May 2, 2016 scheduling order after our April 18, 2016 notice, we are proceeding on "Phase I" involving common issues, subject to state law defenses resolved later, under ERISA §§ 510 and 204(g), breach of fiduciary duty under ERISA and age discrimination with either disparate impact or disparate treatment. The state law claims, and state-based defenses, not arising within the Eastern District of Pennsylvania are then subject to severance so they may be properly resolved in the judicial district with proper venue over the claims or defenses. We recognize the agents' prophylactic reason for filing the state law claims, but they are not presently before the Court. We deny Allstate's Motion to dismiss the state law claims without prejudice to analysis of these issues after Phase I.
B. The agents' ADEA claims will proceed through discovery. Allstate challenges the agents' claim of disparate impact discrimination under the ADEA for failing to allege facts suggesting a statistical imbalance in older versus younger employee agents resulted from a specific facially age-neutral selection policy. Under our May 2, 2016 Order, Allstate could move to dismiss "based on an~ grounds addressed by Judges Buckwalter or Pappert in 2015 and 2016."4 Despite the agents including the ADEA claims in both the original
3

Romero I case and in the various intervening 2015 complaints, Allstate did not seek dismissal of the ADEA claims in 2015. Allstate may not now move to dismiss a claim it failed to address then, but may raise arguments following discovery.
Facing the bar on raising issues from years ago, Allstate first claims it challenged the disparate impact claim in motions to dismiss filed in November 2001 5 and May 2005.6 These arguments do not constitute "grounds addressed by Judges Buckwalter or Pappert in 2015 and 2016."7 Allstate then argues the Consolidated Complaint pleads "revised and new allegations in support of the disparate impact claims."8 It asserts an amended pleading with new allegations allows Allstate to raise new defenses.9 The allegedly new factual allegations, however, do not alter the nature of the disparate impact claim alleged by the Romero I Plaintiffs, but simply inject additional background facts already included in other agents' complaints10 gleaned from the years of discovery. The agents' new allegations have no impact on Allstate's current challenge to the disparate impact claim which simply asserts the agents fail to assert a statistical imbalance in older versus younger employees resulting from a facially age-neutral selection policy. Allstate could have argued this point in the 2015 and 2016 motions to dismiss but elected to proceed through discovery. Lastly, Allstate claims it did not "interpret the [Court's Case Management] Order as circumscribing the scope of its motion but as expressly permitting Allstate to reassert grounds for dismissal previously addressed by Judges Buckwalter and Pappert."11 Allstate's reading of our Order is incorrect. If we wished to allow the full gamut of possible challenges to the Consolidated Complaint, many of which the parties litigated and resolved years ago, we would have simply stated "Defendants may move to dismiss" the Consolidated Complaint. We deliberately avoided reopening already-resolved issues by limiting motions to dismiss to "any
4

grounds addressed by Judges Buckwalter or Pappert in 2015 and 2016." As we justifiably
believed the parties raised all issues before 2014 except as the additional agents' claims, we
decided to preclude re-litigation of dismissal issues until after discovery unless raised before
Judge Buckwalter or Judge Pappert in 2015 or 2016. Because Allstate failed to challenge the
disparate impact claim in those motions, we will not consider these arguments on a motion to
dismiss standard now.
C. ERISA § 510 claims are timely under equitable tolling.
Allstate next argues the ERISA § 510 claims of the Tabor, Anzivine, and Siegfried
Plaintiffs are time-barred. Judge Buckwalter found the Tabor Plaintiffs' claims untimely:
The parties agree that because ERISA does not have its own limitations period, the statute of limitations and applicable tolling rules are to be borrowed from the most analogous forum state law claim. Romero v. Allstate Corp., 404 F.3d 212, 220-21 (3d Cir. 2005). In this case, the most analogous state law claim to an ERISA Section 510 claim is wrongful discharge, which is subject to a two-year statute of limitations. See Anderson v. Consol. Rail Corp., 297 F.3d 242, 251-52 (3d Cir. 2002). That two-year period is tolled when a plaintiff is an eligible class member. Nelso v. Cnty. of Allegheny, 60 F.3d 1010, 1012-13 (3d Cir. 1995) (citing Allesandro v. State Farm Mut. Auto. Ins. Co., 409 A.2d 347, 350 n.9 (Pa. 1979)). Moreover, the parties agree that federal common law governs the date on which the statute of limitations began to run, which, for purposes of Plaintiffs' Section 510 claims, is when Plaintiffs received their notices of termination. 12 Jakimas, 485 F.3d at 778-80.
Applying these rules, it is undisputed that the Tabor Plaintiffs received notice on November 10, 1999 that their employment with Allstate under their existing
contracts would terminate. 13 (Compl. iii! 87-89.) On August 1, 2001, following
the passage of one year and 265 days, the Romero Complaint was filed, under which the Tabor Plaintiffs were eligible class members, thereby tolling the statue of limitations for those Plaintiffs. On October 6, 2014, the Court denied class certification with respect to Plaintiffs' challenges to the Complaint, but, notably, did not address the running of the statute of limitations as to the substantive claims of the non-party, former employee agents of Allstate. Shortly thereafter, on November 7, 2014, the Romero Plaintiffs filed a motion seeking clarification from the Court on this point. By way of Order dated December 11, 2014, the Court then explained that the October 6, 2014 Order restarted the running of the
5

statute of limitations for any current or former employee-agent of Allstate who wanted to challenge the validity of the Release in order to pursue substantive claims. On December 22, 2014, the Romero Plaintiffs filed a Motion for Reconsideration of the Court's ruling. During the pendency of that Motion, the Court put a stay in place on the statute oflimitations. Finally, on January 6, 2015, the Court confirmed that the October 6, 2014 Order did, in fact, recommence the running of the statute of limitations because employee agents were put on clear notice that their rights were no longer protected by the class, but held that the stay would remain in place until March 2, 2015. On May 11, 2015, the Tabor Plaintiffs filed their Complaint.
Under purely mathematical calculations, the Tabor Plaintiffs' ERISA § 510 claims are indeed time-barred. As noted above, one year and 265 days passed from the day the Tabor Plaintiffs were put on notice about the termination of their contracts. The statute of limitations then resumed running on October 6, 2014, when the Court denied class certification as to the Release issues. Thereafter, another seventy-seven days elapsed between class certification denial on October 6, 2014 and the Court's December 22, 2014 Order staying the running of the statute of limitations, making it a total lapse of one year and 342 days. Subsequently, another seventy days elapsed between the resumption of the statute oflimitations on March 2, 2015, and the filing of the Tabor Complaint on May 11, 2015, for a total of two years and forty-seven days-forty-seven days past the expiration of the statute of limitations. 14
Nonetheless, Judge Buckwalter deemed it appropriate to exercise the Court's equitable
tolling powers:
While the Court remains somewhat hesitant to apply equitable tolling given the lengthy history of this case, the Court finds that extraordinary circumstances weigh in favor of its application. As noted above, as of October 2014, the Romero case had been pending for over thirteen years, during which time the matter had been proceeding as a putative class action. Under mandate from the Third Circuit, the parties have been in the unusual procedural posture of litigating only the Release issues in this case, without any attention thus far being given to the substantive claims. On October 6, 2014, the Court denied the Romero Plaintiffs' Motion for Class Certification, which dealt solely with those issues regarding the validity of the Release. As the ruling was simply a denial of class certification as to the particular questions raised, the Court made no comment as to that ruling's effect on the statute of limitations with respect to non-parties who had signed a Release and wanted to pursue substantive claims. The Court acknowledges, in hindsight, that, given the already confusing legal landscape, neither current class counsel nor the Tabor Plaintiffs-who were as of yet unrepresented-would have necessarily understood that the October 6, 2014
6

Order meant that they were no longer under the protection of the class for purposes of their substantive claims. Class counsel thus appropriately sought clarification from the Court as to whether the Order was intended to preclude later class certification on the substantive issues and whether the Order had any effect on the statute of limitations for non-party individuals. At that juncture, the Court fully considered the legal impact of this Order in light of the American Pipe tolling rules for class actions. On December 11, 2014, the Court issued an Order putting putative class members on unequivocal notice that "the Court's Order of October 6, 2014 restarted the running of the statute of limitations for any current or former employee-agent of Defendants who-between November 10, 1999 and June 30, 2000-signed the Release prepared by Defendants in connection with the Preparing for the Future Group Reorganization Program, and who now wishes to challenge the validity of that Release by way ofa Declaratory Judgment action in order to pursue substantive claims against Defendants that would otherwise be contractually barred." (Romero v. Allstate, No. Civ.A.01-3894, Docket No. 486 (emphasis in original).) Upon receipt of that Order, the Tabor Plaintiffs acted with reasonable diligence to preserve their rights. A necessary period of communication occurred between class counsel and the putative class members in order to inform them of the impact of the Court rulings, update them on motions for reconsideration, and indicate whether class counsel would take on more individual representations. Thereafter, upon learning that current class counsel was taking on no new clients, the Tabor Plaintiffs faced the task of organizing themselves and finding counsel who then needed to inform themselves of the past thirteen years of litigation. Given these extraordinary circumstances and Plaintiffs' diligence in bringing their claims, the Court finds that equitable tolling should apply to the closed period between October 6, 2014 and December 11, 2014. 15
Allstate now asks we find Judge Buckwalter erred in applying equitable tolling because
such a remedy is only appropriate "(1) where the defendant has actively misled the plaintiff
respecting the plaintiffs cause of action; (2) where the plaintiff in some extraordinary way has
been prevented from asserting his or her rights; or (3) where the plaintiff has timely asserted his
or her rights mistakenly in the wrong forum." 16 Allstate then cursorily argues, "[t]he Tabor,
Anzivine, and Siegfried Plaintiffs cannot show any of the three considerations sufficient for
equitable tolling, and such tolling therefore cannot apply here."17
We disagree and uphold Judge Buckwalter's thorough analysis. Extraordinary
7

circumstances created by the unusual procedural posture made basic calculation of the running of the statute of limitations difficult, if not impossible. Through no fault of their own, the agents could not have clearly understood, without the Court's instruction, denial of class certification on the release-related issues would immediately restart the statute of limitations on the substantive claims. Plaintiffs diligently sought guidance on the issue. Judge Buckwalter recognized this dilemma and accounted for it by applying a reasonable sixty-six (66) day equitable tolling period. We agree equitable tolling applies to the period between October 6, 2014 and December 11, 2014.
The equitable tolling period preserves the Tabor Plaintiffs' ERISA § 510 claims. Plaintiff Siegfried also benefits from equitable tolling as he sued on May 26, 2015, two years and sixty-two days after the accrual of his claim and sixty-two days after the statute of limitations expired. Removing the sixty-six days during which the Court equitably tolled the statute of limitations, Plaintiff Siegfried properly sued four days before the end of the statute of limitations. Allstate identifies no prejudice by allowing his ERISA claims to proceed. We decline to dismiss the ERISA § 510 claims of either the Tabor Plaintiffs or Plaintiff Siegfried as time barred.
The Anzivine Plaintiffs, however, can claim no benefit from equitable tolling. They sued on June 1, 2015, two years and sixty-eight days after accrual. Even removing the sixty-six days of equitable tolling, the Anzivine Plaintiffs are still two days past the limitations period. Attempting to avoid this procedural obstacle, the Anzivine Plaintiffs assert, under the tolling of American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), the statute of limitations on Plaintiffs' substantive claims including the ERISA claims remains tolled until the Court decides whether such claims are amenable to class certification under Fed. R. Civ. P. 23. On May 23,
8

2014, the Romero Plaintiffs filed a motion seeking class certification of certain issues relating to
Allstate's affirmative defense and the validity of the Release, and, on October 6, 2014, the Court
denied class certification of only those issues. On December 10, 2014, the Court found the
October 6, 2014 Order restarted the running of the statute of limitations for any current or former
employee-agent who-between November 10, 1999 and June 30, 2000-signed the Release and
who wished to challenge the validity of the Release to pursue substantive claims which would
otherwise be contractually barred. According to the Anzivine Plaintiffs, the denial of class
certification only restarted the running of the statute of limitations as to individual declaratory
judgment actions challenging the validity of the Release.
This reasoning is mistaken. Following denial of class certification, the Romero Plaintiffs
sought clarification and Judge Buckwalter held:
It is further CLARIFIED that the Court's Order of October 6, 2014 restarted the running of the statute of limitations for any current or former employee-agent of Defendants who-between November 10, 1999 and June 30, 2000-signed the Release prepared by Defendants in connection with the Preparing for the Future Group Reorganization Program, and who now wishes to challenge the validity of that Release in order to pursue substantive claims against Defendants that would otherwise be contractually barred. Plaintiffs' counsel is permitted to make reasonable efforts to communicate this ruling to potential class members. 18
The Romero I Plaintiffs moved for reconsideration out of a concern "the Order could be read as
stating that for those potential class members who signed the Release and wish to contest it ...
the statutes of limitations are no longer tolled." 19 The Court subsequently explained the precise
result reached by the Order:
In American Pipe and Construction Co. v. Utah, 414 U.S. 538 (1974), the United States Supreme Court clarified the principle that the class action is a representative creature and that members of a putative class are treated as if they were parties to the action itself "until and unless they received notice thereof and chose not continue." Id. at 550-51. In tum, the filing of a class action causes the
9

courts to treat members of the asserted class as if they instituted their own actions and to give such members the benefit of tolling for as long as the class action purports to assert their claims. Id.
"Tolling, however, does not continue indefinitely. If the district court denies certification, or if it certifies the class but later decertifies it, tolling ceases." Odle v. Wal-Mart Stores, Inc., 747 F.3d 315, 320 (5th Cir. 2014) (footnotes omitted). "This is because 'the putative class members ha[ve] no reason to assume that their rights [a]re being protected."' Id. (quoting Hall v. Variable Annuity Life Ins. Co., 727 F.3d 372 (5th Cir. 2013) (further quotations omitted)). Thus, "[i]f class certification is denied in whole or in part, the statute of limitations begins to run again as to those putative class members who were excluded from the class. In order to protect their rights, such individuals must seek to intervene in the pending action ... or file a separate individual action ... before the time remaining in the limitations period expires." Armstrong v. Martin Marietta Corp., 138 F.3d 1374, 1391 (11th Cir. 1998).
In the present case, the Court's Memorandum and Order of February 27, 2014 on the parties' Cross-motions for Summary Judgment, together with the Court's denial of class certification on October 6, 2014, made it abundantly clear to the putative class members who signed the Release that they were being excluded from any potential class bringing substantive claims against Allstate. In the February 27, 2014 Memorandum and Order, the Court engaged in a lengthy discussion of the scope of the Release and determined that if the Release, as signed by the individual employee-agents, was deemed valid, then it would clearly bar all of the substantive claims asserted by the putative employee agent class. Romero v. Allstate, 1 F. Supp. 3d 319, 361-75 (E.D. Pa. 2014). Thereafter, in the October 6, 2014 Memorandum and Order, the Court denied certification of a class that sought to challenge the validity of the Release on theories of involuntariness, unconscionability, unclean hands, or part and parcel of an illegal scheme. Romero v. Allstate, _ _ F. Supp. 3d _ , 2014 WL 4966147 (E.D. Pa. Oct. 6, 2014). Ultimately, this Court found that "[t]he issues surrounding the validity of the Release ... involve numerous individual inquiries that ... are so inextricably intertwined with the common questions as to eliminate any benefit to
certification." Id. at *19. Although the Court did not rule on whether Plaintiffs'
substantive claims under ERISA and ADEA may be proper for class certification, the two Court Orders put putative class members on unequivocal notice that unless they invalidate their Release via an individual action, they will be unable to participate in any potential class action raising the substantive ERISA and ADEA claims. In other words, putative class members were given adequate warning that if they signed a Release and were not already part of the current action, the Release would bar them from asserting any further claims against Allstate with respect to the Preparing for the Future Group Reorganization Program. Having been put on notice by these Orders that their rights were no longer being
10

protected, the putative class members who signed the Release were no longer entitled to tolling of the statute oflimitations.
To hold otherwise-i. e., that the statute of limitations for employee agents who signed the Release remains tolled until a certification ruling on the substantive issues-would result in utter turmoil in this matter. Assuming the Releases of the thirty named Plaintiffs are invalidated, Plaintiffs will proceed to substantive discovery and presumably move for class certification on their substantive claims. Even if the Court certifies a class, such a class could not include individuals who remain contractually barred from bringing such suits because issues as to the validity of the individual Releases would predominate over questions common to the class. As such, the door would be opened for such individuals to file their own lawsuits, effectively restarting the entire litigation process-one that began over a decade ago-for a new group of plaintiffs. Certainly, the American Pipe tolling rule was not intended to cause such a result. 20
Judge Buckwalter left no doubt the statute of limitations was no longer tolled for agents
who signed the Release and would later seek to join a class action for substantive claims. Judge
Buckwalter provided if these individuals signed a Release and were not already part of the
current action, "the Release would bar them from asserting any further claims against Allstate
with respect to the Preparing for the Future Group Reorganization Program" and "their rights were no longer being protected."21 Having been given such unequivocal notice, the Anzivine
Plaintiffs still had close to five months (with the equitable tolling period included) to file an
action but elected to sue after the statute of limitations expired. The Anzivine Plaintiffs' ERISA § 510 claim is time-barred.22
D. Abell Plaintiffs may proceed on their ERISA breach of fiduciary duty claims.
The agents allege Allstate breached ERISA fiduciary duties by adopting various
amendments to the Pension Plan in November 1991 and December 1994, as well as in the
instituting the decision to terminate employee-agent contracts in November 1999. Allstate
moves to dismiss the Abell Plaintiffs from this claim on statute of limitations grounds.
11

ERISA precludes filing a breach of fiduciary duty claim after the earlier of (1) six years after either the date of the last action which constituted a part of the breach or violation, or in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation, or (2) three years after the earliest date on which the plaintiff had actual knowledge of the breach or violation.23 Allstate reasons, as of the November 10, 1999 announcement terminating the agents' employment contracts, all agents had actual knowledge of the alleged breach of fiduciary duty. The statute of limitations then tolled on two separate occasions: (1) from the filing of Romero II on December 20, 2001 to denial of class certification on October 6, 2014; and (2) from the temporary tolling of the limitations period by the Court from December 22, 2014, to the end of the Court-imposed tolling on March 2, 2015. The Abell Plaintiffs filed on February 27, 2015, but did not serve the complaint on any Defendant. On March 6, 2015, the Abell Plaintiffs filed a first amended complaint. On February 11, 2016, 342 days after the filing of the amended complaint, the Abell Plaintiffs served their first amended complaint on Defendants. Finally, on March 16, 2016, the Abell Plaintiffs filed and served a second amended complaint. Not counting the two tolling periods, three years and 133 days elapsed between the announcement of the decision terminating the agents' contracts and the proper service of the Abell second amended complaint on March 16, 2016. Allstate now argues neither the original nor first amended complaint tolled the statute of limitations since the agents failed to timely serve either under Federal Rule of Civil Procedure 4(m). Because more than three years passed from the agents' actual knowledge of their cause of action, Allstate argues the Abell breach of fiduciary claim is time barred.
Assuming arguendo the Abell Plaintiffs had "actual knowledge" of the alleged breach by
12

November 10, 1999, we decline to find the claim time barred. The ERJSA statute of limitations requires only that an action be "commenced" within the limitations period.24 Under Federal Rule of Civil Procedure 3, "[a] civil action is commenced by filing a complaint with the court.25 "Commence[ment]" of an action does not require that service be completed within the time established by Rule 4(m).26
Federal Rule of Civil Procedure 4(m) provides for service of a complaint: "[i]f a defendant is not served within 90 days after the complaint is filed, the court-on motion or on its own after notice to the plaintiff-must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend the time for service for an appropriate period."27 "It is a well-recognized principle that a statute of limitations is not tolled by the filing of a complaint subsequently dismissed without prejudice. As regards the statute of limitations, the original complaint is treated as if it never existed."28
The original Abell complaint tolled the statute of limitations on February 27, 2015. Although counsel did not serve Allstate immediately, Allstate did not ask to, and the Court did not, dismiss the complaint. Rather, the Abell Plaintiffs filed a first amended complaint on March 6, 2015. The Abell Plaintiffs should have served the first amended complaint by July 4, 2015, but Allstate elected not to move to dismiss for lack of service. The Court did not notify the Abell Plaintiffs of any possible dismissal until February 2, 2016, when Judge Pappert's Deputy Clerk sent the appropriate letter to Abell Plaintiffs' counsel requiring service of the Second Amended Complaint by February 9, 2016 or the Court would dismiss the Second Amended Complaint without prejudice.29 On February 9, 2016, Plaintiffs wrote to the Court, inexplicably omitting a
13

copy to Allstate's counsel, confirming an earlier ex parte telephone conversation during which the Court agreed to give the Abell Plaintiffs an extension of time to serve the Second Amended Complaint.30 Plaintiffs then completed service of process within the next ten days. Under the Federal Rules of Civil Procedure and the ERlSA statute, the Abell cause of action for ERlSA breach of fiduciary duty is timely.
E. We again dismiss the retaliation claims in Counts II, III, and IV. The agents allege Allstate illegally retaliated under ERlSA § 510 or the ADEA based on the Release in carrying out the decision to terminate contracts. The agents originally moved for summary judgment on this claim in April 2013, but deferred entirely to arguments presented by the EEOC in the consolidated litigation of EEOC v. Allstate Ins. Co. 31 After considering the EEOC's arguments, the Court rejected this retaliation theory and entered summary judgment in Allstate's favor on this retaliation claim.32 Our Court of Appeals affirmed, holding Allstate did not violate the federal anti-retaliation laws by requiring agents sign the Release to avail themselves of the benefits of Allstate's decision to terminate the contracts.33 The agents now plead these same dismissed claims agreeing they plead retaliation claims "only for appeals purpose, as there has not been any appealable judgment entered in this litigation since the last remand from the Third Circuit."34 In light of both the Third Circuit's rejection of the basis underlying Plaintiffs' precise retaliation argument and Plaintiffs' apparent concession those claims are now subject to dismissal in this action, we grant Allstate's Motion to dismiss these retaliation claims in Counts II, III and IV.
14

F. The agents may proceed on retaliation claims under ADEA and ERISA based on Allstate's counterclaims.
Allstate seeks dismissal of the agents' retaliation claims characterizing Allstate's postJuly 2000 conduct as unlawful retaliation by filing a counterclaim. Allstate pleads four counterclaims in its March 2002 answer to the Romero I complaint: breach of the covenant of good faith and fair dealing, unjust enrichment, negligent misrepresentation, and fraud. Each of these counterclaims pleads the agents entered into the Release intending to breach the Release by suing Allstate. As Allstate proceeded with discovery, they moved in May 2003 to amend their Answer and withdraw the counterclaims. During the pendency of its motion to withdraw the counterclaims, the Romero Plaintiffs initiated a new action ("Romero !If') alleging, in part, Allstate's counterclaims constituted unlawful retaliation under the ADEA and interference with protected rights under § 510 of ERISA. Judge Fullam granted the agents' motion for summary judgment on the counterclaims in the Romero I action and dismissed as moot Allstate's stillpending motion to amend their Answer. Thereafter, in June 2007, Judge Fullam granted summary judgment in Allstate's favor on the remainder of Romero I. 35 The Court of Appeals reversed and remanded Romero I in July 2009, and the agents filed a second amended complaint. When answering that complaint, Allstate did not reassert their counterclaims. Nonetheless, Romero III' s allegation of retaliation based on the former counterclaims remained pending. Those allegations of retaliation have now been re-pled in the Consolidated Complaint. While Allstate asserts the claims lack merit, it moves to dismiss only the portion regarding Allstate's alleged retaliatory assertion of counterclaims.36
In Burlington Northern & Santa Fe Ry. v. White, 37 the United States Supreme Court concluded, "the anti-retaliation provision does not confine the actions and harms it forbids to
15

those that are related to employment or occur at the workplace," and "the provision covers those (and only those) employer actions that would have been materially adverse to a reasonable employee or job applicant."38 With respect to the latter category, "the employer's actions must be harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination. "39
Although the Third Circuit has yet to consider the issue, multiple district courts within the Third Circuit have relied on the foregoing standard to hold the filing of a counterclaim by an employer could dissuade a reasonable worker from engaging in protected activity, thus constituting unlawful retaliation. For example, in Nesselrotte v. Allegheny Energy, Inc.,40 the plaintiff brought an age discrimination and retaliation lawsuit against the defendants in connection with her termination from her position as a senior attorney.41 After the start of discovery, the defendants requested leave to amend their answer to assert counterclaims for breach of contract and breach of fiduciary duty, relating to the plaintiffs alleged removal of confidential, privileged, and proprietary documents before her last day of employment.42 The plaintiff then sought to add a new claim alleging the counterclaims were retaliatory in nature.43 The court declined to find the new claim futile under a Rule 12(b)(6) standard, holding "when faced with counterclaims such as the ones at issue here, which directly attack the integrity of the plaintiff as well as her professional standing as an attorney, 'a reasonable employee facing the choice between [enduring said counterclaims and continuing to press her] discrimination complaint might well choose the former. "'44
In Parry v. New Dominion Constr. Inc. ,45 the plaintiff brought claims against the defendant under the Fair Labor Standards Act, and the defendant filed counterclaims for
16

recoupment and damage to equipment.46 Following discovery which called into question the
defendant's motivations for filing the counterclaims, the plaintiff moved to amend the complaint
to allege retaliation.47 Considering the reasoning of Nesselrotte, as well as the contrary opinion
from the Northern District of Illinois in Ergo v. Int 'l Merch. Servs. ,48 the court permitted the
amendment to allege retaliation because the filing of the counterclaim, which subjected plaintiff
to "potential monetary damages," could "'well dissuade a reasonable worker from making or
supporting a charge of discrimination. "'49
In Brown v. TD Bank, NA., so the plaintiff brought claims of race discrimination and
retaliation against the defendant.51 As part of the complaint, the plaintiff alleged the defendant
retaliated against him by threatening to file a lawsuit and then actually suing the plaintiff for
conversion. 52 The Court held:
[W]e are persuaded that threat[enJing to file a civil action and actually filing a civil action may be adverse employment actions in light of Burlington Northern's broader perspective on what is materially adverse and based upon a common sense approach to what might deter a reasonable employee. Threatening to file and then filing a lawsuit are beyond the petty slights, minor annoyances, and simple lack of good manners that are insufficient to deter the reasonable worker. Litigation is expensive, time-consuming, and emotionally draining. So too is the mere threat of litigation, since the steps an individual must take when threatened with a lawsuit are often the same steps an individual must take when actually sued: locating and obtaining counsel, evaluating options for settlement or litigation, and spending time and treasure to resolve the prospective or filed claim. A reasonable worker, faced with the prospect or reality of a civil action, might well decide to abandon his charges of discrimination rather than move forward.
We therefore find, in this procedural posture of a motion to dismiss, that the first amended complaint alleges sufficient factual matter, accepted as true, to make a prima facie showing under Section 1981, Title VII, and the PHRA that TD Bank took an adverse employment action against Brown when it threatened to file, and then filed, a civil action against him in the Court of Common Pleas of Philadelphia County. 53
The court went on to consider the application of the Noerr-Pennington doctrine, which protects
17

those who petition for relief through the courts,54 and held the doctrine does not protect "sham"
litigation, or litigation that is "objectively baseless."55 Thus, if "the challenged litigation is
objectively meritless, then the court may consider the litigant's subjective motivation."56
Finding no grounds on which our Court of Appeals would deviate from the reasoning
adopted by these cases, 57 we must now determine whether the agents plead facts from which we
can reasonably infer Allstate's counterclaims are objectively baseless, made in bad faith, or
brought with a retaliatory motive. The Consolidated Complaint alleges, in pertinent part:
1055. On March 11, 2002, Allstate and its co-defendants filed their answer to the Romero I First Amended Complaint. In the responsive pleading, Allstate attempted to state four purported counterclaims: unjust enrichment, fraud, negligent misrepresentation, and breach of the duty of good faith and fair dealing. Each purported counterclaim rested on the unfounded allegation that even though the Romero III Plaintiffs purportedly had made up their minds that they were going to sue Allstate and otherwise challenge the Release, they "represented" or otherwise promised they would not do so upon signing the Release.
1056. Allstate had no evidentiary support whatsoever for these unfounded allegations as required by Federal Rule of Civil Procedure ll(b)(3). To the contrary, the language of the Release did not contain any promise not to sue Allstate, as was determined in 2005 by the Seventh Circuit Court of Appeals. Even if the Release had contained a covenant not to sue the Company, Allstate and its attorneys knew that the Romero III Plaintiffs had a federally-protected right to challenge the scope and validity of the Release in good faith, including the statutory right to challenge whether it was knowing and voluntary and otherwise complied with the enumerated threshold requirements of the OWBPA. Because Allstate and its attorneys thus knew that the plaintiffs had not "represented" or otherwise promised not to challenge the Release, the counterclaims were brought in reckless disregard for their lack of legal and factual merit and to retaliate against and otherwise harass and vex the plaintiffs.
1057. Allstate and its attorneys also knew that the plaintiffs were required to assert all claims arising out of the same transaction or occurrence, or series of transactions or occurrences, or face the risk that such claims could be barred. Allstate and its attorneys therefore necessarily knew that the plaintiffs had not "represented" or otherwise promised not to assert claims arising out of the Program contingent on a judicial determination that the Release was invalid or otherwise unenforceable.
18

1058. Moreover, as of March 11, 2002, Allstate and its attorneys knew and acted with reckless disregard of the fact that the state law counterclaims were meritless for myriad other reasons, such as the fact that they were preempted by the ADEA and ERISA and barred by the "gist of the action" and economic loss doctrines. Based on representations to the EEOC its attorneys made in May 2000, Allstate also knew that it could not satisfy critical elements of the counterclaims in addition to the element of a promise or false representation. For example, Allstate knew and acted with reckless disregard of the fact that it could not possibly prove detrimental reliance under circumstances when it decided to proceed with the Program in the face of the EEOC's determination that the Release was invalid and request to suspend the Release requirement.
1059. Allstate nevertheless asserted the purported counterclaims to retaliate against and punish the Romero III Plaintiffs for having engaged in protected activity. Allstate also asserted the counterclaims for the equally improper purpose of deterring members of the proposed class from asserted their federally-protected rights by challenging the Release, assisting the EEOC and Pension and Welfare Benefits Administration and participating in Romero I and Romero II.
1060. Allstate knowingly and intentionally chose to assert counterclaims with the most severe retaliatory impact-that is, counterclaims that were designed to inflict the greatest possible professional and reputational damage and raise the greatest possible economic threat to the plaintiffs. Not surprisingly, Allstate has succeeded in adversely affecting the Romero III Plaintiffs, including shedding a negative light on their professionalism and ethics, marring their professional reputations and otherwise damaging them, all of which could have an adverse effect on prospective employment opportunities. Subsequent to the date the purported counterclaims were brought by Allstate, at least one of the plaintiffs was turned down for a business loan essential to his ability to continue to operate his insurance agency in compliance with Allstate's sales quotas known as "expected results." This plaintiff was informed by a prospective lender that the loan would have been advanced if the counterclaims had not been pending. Other of the Romero III Plaintiffs have been forced to disclose to third parties such as mortgage lenders that they were currently being sued for fraud and punitive damages. Yet others were deterred from seeking loans or otherwise engaging in transactions that would require them to disclose the purported counterclaims.
1061. The bad faith assertion of frivolous counterclaims has caused other injury, including, but not limited to mental distress and anguish, to each of the Romero III Plaintiffs and their immediate families. Indeed, even though they know the counterclaims were frivolous and brought in retaliation for filing a lawsuit and engaging in "other actions" that constitute protected activity, many of the plaintiffs nonetheless remain fearful that they stand at risk of losing everything,
19

including their businesses, homes and remaining life savings, for doing nothing more than engaging in protected activity.
1062. Allstate refused to voluntarily withdraw the purported counterclaims with prejudice, even in the face of overwhelming evidence that they were not wellground in fact or law. Although Allstate later would ask for leave to amend the counterclaims, it did so only when threatened with the imposition of sanctions under Federal Rule of Civil Procedure 11. Despite the fact that its claims were preempted, redundant and otherwise failed to state a claim upon which relief can be granted, Allstate asked for leave only to eliminate the three most egregious counterclaims, refusing to dismiss those counterclaims with prejudice, while at the same time wanting to assert new affirmative defenses and offensive counterclaims that it chose not to bring in the first place, thereby leaving the threat of reassertion of counterclaims hanging over the heads of the plaintiffs indefinitely. 58
On the face of these allegations alone, the agents state a claim upon which relief can be
granted. The agents allege engaging in protected activity by filing both EEOC charges and the
class action suit in Romero I. They assert Allstate took adverse action by filing counterclaims in
a bad faith effort to threaten the agents with harassing litigation to dissuade them from pursuing
claims. The agents then plead Allstate knew its counterclaims were objectively baseless.59
Finally, the agents enumerate specific damages allegedly suffered as a result of Allstate's
counterclaims. Taking the well-pled allegations of the Consolidated Complaint as true, we must
decline to dismiss these retaliation claims as meritless under a Rule 12(b)(6) standard.
G. Uncontested dismissal of Murray's and Perkins' claims.
The agents do not contest dismissal of: (1) all of Plaintiff Edwin Murray's claims; and (2)
all of Plaintiff Christopher Perkins's claims, except Counts XI and XII. We grant Allstate's
Motion on these claims.
III. Conclusion
In the accompanying Order, we grant Allstate's Motion to Dismiss (a) the Anzivine
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Plaintiffs' ERISA § 510 claims, (b) the retaliation claims in Counts II, III, and IV, (c) all of
Plaintiff Edwin Murray's claims, and (d) all of Plaintiff Christopher Perkins's claims except
Counts XI and XII. We deny without prejudice the Motion to dismiss the state law claims. We
deny the Motion in all other respects.
1 As Judges Buckwalter and Pappert detailed the underlying facts well known to the parties but immaterial to today's rulings, we will not repeat them but rather will address any material facts as part of our legal analysis.
2 Over the next fourteen-plus years, the number of Plaintiffs expanded to 499. The Clerk of Court transferred this case to us on April 12, 2016. After providing notice of the issues of consolidation and severance (ECF Doc. No. 847), and following a lengthy hearing on April 28, 2016, we consolidated the 499 individual claims and issued a comprehensive scheduling order requiring all Plaintiffs to file a single consolidated complaint against Defendants. Plaintiffs filed a Consolidated Complaint on May 20, 2016.
3 Under Federal Rule of Civil Procedure 12(b)(6), a defendant bears the burden of demonstrating the plaintiffs failure to state a claim upon which relief can be granted. The United States Supreme Court has recognized "a plaintiffs obligation to provide the 'grounds' of his 'entitle[ment] to relief requires more than labels and conclusions." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quotations omitted) "[T]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice" and "only a complaint that states a plausible claim for relief survives a motion to dismiss." Ashcroft v. Iqbal, 556 US. 662, 678 (2009). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. A complaint does not show an entitlement to relief when the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct. Id. Our Court of Appeals has established a two-part analysis for review of a Rule 12(b)(6) motion. First, the wellpled factual allegations of the claim must be separated and accepted as true, while the legal conclusions are disregarded. Fowler v. UPMC Shadyside, 578 F.3d 203, 210-11 (3d Cir. 2009) Second, the court must make a common sense determination as to whether the facts alleged in the complaint are sufficient to state a plausible claim for relief. Id. at 211. If the court can only infer the possibility of misconduct, the complaint must be dismissed for failure to "show" an entitlement to relief. Id. A statute of limitations defense may be raised in a Rule 12(b)(6) motion, "[when] 'the time alleged in the statement of a claim shows that the action has not been brought within the statute of limitations."' Robinson v. Johnson, 313 F.3d 128, 135 (3d Cir. 2002) (quoting Hanna v. US. Veterans' Admin. Hosp., 514 F.2d 1092, 1094 (3d Cir. 1975)).
4 (Order, ECF Doc. No. 852, if 5.)
5 (ECF Doc. No. 13.)
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6 (ECF Doc. No. 24.)
7 (ECF No. 852, ~ 5.)
8 (ECF Doc. No. 871, at 1-2.)
9 The cases relied upon by Defendants are inapposite. Both cases involved situations wherein the plaintiff asserted that the defendant had not raised arguments in a prior motion to dismiss and were thus barred from raising them under Fed. R. Civ. P. 12(g). The courts allowed the new arguments because of the new factual averments in the amended complaints. McSparran v. Pa., No. 13-1932, 2014 WL 1371594, at *12 (M.D. Pa. Apr. 8, 2014); Negron v. Sch. Dist. ofPhila., 994 F. Supp. 2d 663, 666-67 (E.D. Pa. 2014). In this case, the Court limited proper arguments.
10 The "new" factual allegations identified by Defendants are not actually new since they were included in almost verbatim fashion in the Tabor Complaint. (Compare Consol. Compl. ~~ 98992 with Tabor Compl. ~~ 71-74; compare Consol. Compl. ~~ 1038-42 with Tabor Compl. ~~ 115-19.) Allstate moved to dismiss the Tabor Complaint in 2015, but did not challenge the disparate impact claim.
11 (ECF Doc. No. 871, at 3.)
12 Plaintiffs now assert the recent U.S. Supreme Court decision in Green v. Brennan, 136 S. Ct. 1769 (2016) held that the pertinent date for evaluating the timeliness of a wrongful termination claim is the date of actual discharge, not the date of the employer's last allegedly discriminatory act. In that case, however, the Supreme Court stated the statute of limitations in a constructive discharge claim under Title VII begins running only after the employee resigns. Id. at 1777. The current matter, on the other hand, involves an interference with employment claim under § 510 of ERISA based on the actual, not constructive, termination of Plaintiffs' employment. Under Third Circuit precedent-which remains intact after Green-if a section 510 claim stems from an allegedly unlawful termination of a plaintiff, "the claim accrues when the decision to terminate is made and the employee is informed of the pending termination." Jakimas v. Hoffmann-La Roche, Inc., 485 F.3d 770, 780 (3d Cir. 2007); see also Dupont v. Sklarsky, No. Civ.A.08-1724, 2009 WL 776947, at *9 (D.N.J. Mar. 20, 2009) (citingJakimas); Tolle v. Carroll Touch, Inc., 977 F.2d 1129, 1140-41 (7th Cir. 1992) (holding that because the purpose ofERISA § 510 is to prevent an employer from terminating an employee for the purpose of avoiding payment ofretirement benefits, "it is the [termination] decision and the participant's discovery of this decision that dictates accrual.").
13 Plaintiffs make the cursory argument that the termination date is "outside the four corners of the CAC and cannot be determined until after the parties have engaged in additional discovery." (Pls.' Resp. Opp'n Mot. to Dismiss 12.) At all times during the course of this fifteen-year litigation, Plaintiffs have agreed that the Program was announced and the Plaintiffs were informed about the termination of their contracts on November 10, 1999. In fact, in Plaintiffs' responses to this argument raised in motions to dismiss the Tabor, Anzivine, and Siegfried
22

Complaints, Plaintiffs conceded the November 10, 1999 date. (Pls.' Resp. Opp'n Tabor Mot. to Dismiss, No. Civ.A.15-2602, ECF No. 18, at 10; Pls.' Resp. Opp'n Anzivine/Siegfried Mot. to Dismiss, No. Civ.A.01-3894, ECF. No. 811, at 16-17.) The Third Amended Complaint in the Romero I action also expressly pled that Plaintiffs were told on November 10, 1999 that their
contracts would be terminated on June 30, 2000. (Third Am. Compl., No. Civ.A.01-3894, 'if'il
442-43.) Plaintiffs may not now deny this already agreed-upon fact by simply excluding it from the Consolidated Complaint.
14 (ECF Doc. No. 21, at 20-21.)
15 (Id. at 21-24 (footnotes omitted).)
16 Najmola v. Women's Healthcare Grp. of Pa., No. Civ.A.13-6519, 2014 WL 3700260, at *4 (E.D. Pa. July 24, 2014) (quoting Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1387 (3d Cir. 1994)).
17 (ECF Doc. No. 866, at 22.)
18 (ECF Doc. No. 486.)
19 (ECF Doc. No. 489, at 3.)
20 (ECF Doc. No. 491.)
21 (Id. (emphasis added).) Notably, notwithstanding the Anzivine Plaintiffs' professed belief that they only had to file individual declaratory judgment actions challenging the validity of the Release, their own Amended Complaint includes all their substantive claims, suggesting they properly understood the Order to have restarted the statute of limitations for all substantive claims.
22 Plaintiffs also make the cursory argument that the Consolidated Complaint relates back, under Federal Rule of Civil Procedure 15(c), to the filing of the original Romero Complaint in 2001. To take advantage of relation back where an amendment adds a plaintiff, courts must "inquire whether the defendants (A) received such notice that they will not be prejudiced in maintaining a defense on the merits, and (B) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought with the original claims." Nelson v. Cnty. of Allegheny, 60 F.3d 1010, 1014 (3d Cir. 1995). Where plaintiffs have had ample time in which to file suit-particularly where their statute of limitations has been tolledbut waited until after the statute of limitations expired in order to add their names to a complaint, relation-back does not apply. See id. at 1015 (holding that amended complaint did not "relate back" to earlier complaints where amended complaint named new plaintiffs after expiration of statute of limitations, and those new plaintiffs were not substituted and did not show mistake concerning identity). The Anzivine Plaintiffs sat on their rights after being put on notice the statute of limitations had resumed running for all those wishing to join the suit. Multiple other agents managed to either join in the Third Amended Complaint or file their own complaint. The
23

Anzivine Plaintiffs simply waited too long. After notice and an opportunity to be heard by all counsel in an extensive status conference, we ordered the filing of a Consolidated Complaint for case management purposes, but not to allow delinquent Plaintiffs to end-run around the statute of limitations.
23 29 U.S.C. § 1113.
24 Id.
25 Fed. R. Civ. P. 3.
26 Henderson v. United States, 517 U.S. 654, 659 & n.6 (1996); see also Robinson v. Doe, 272 F.3d 921, 922 (7th Cir. 2001) ("The statute of limitations in a suit based on federal law, as this one is, stops running when the complaint is filed.").
27 Fed. R. Civ. P. 4(m).
28 Cardio-Medical Associates, Ltd. v. Crozer-Chester Med. Ctr., 721 F.2d 68, 77 (3d Cir. 1983).
29 (ECF Doc. No. 869, Ex. E.)
30 (Id., Ex. F.) Allstate contests the validity of the Court's extension on several grounds. First, they argue Judge Pappert could not have properly given the February 9, 2016 extension because of his later recusal. The law is "[o]nee a judge has disqualified himself, he or she may enter no further orders in the case .... His power is limited to performing ministerial duties necessary to transfer the case to another judge (including the entering of 'housekeeping' orders)." Moody v. Simmons, 858 F.2d 137, 143 (3d Cir. 1988). Allstate's counsel first sent a letter to Judge Pappert about the potential conflict on February 8, 2016, and Judge Pappert did not have a hearing on the issue until March 22, 2016, after which he recused himself. At the time of the February 9, 2016 extension, no one could plausibly argue recusal already occurred. Allstate also contests the ex parte communications between Plaintiffs' counsel and Judge Pappert's Deputy Clerk as violative of Judge Pappert's Policies. Judge Pappert's Chambers, however, initiated the ex parte communications, required given Allstate's counsel had not yet entered an appearance in Abell. While the agents' counsel should have, out of an abundance of caution, included Allstate's counsel on the February 9, 2016 confirmation letter, we decline to dismiss a substantive claim based on a non-prejudicial procedural technicality made while the Clerk of Court transferred the case upon Judge Buckwalter's retirement.
31 No. 01-7042.
32 Romero v. Allstate Ins. Co., 3 F. Supp. 3d 313 (E.D. Pa. 2014).
33 EEOC v. Allstate Ins. Co., 778 F.3d 444 (3d Cir. 2015).
34 (ECF Doc. No. 869, at 4 (emphasis in original).)
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35 Allstate argues Judge Fullam's June 20, 2007 Order vacated the March 2004 grant of summary judgment on the counterclaims. It appears to be mistaken. In the June 2007 Order, Judge Fullam vacated his 2004 Order only to the extent it declared the Releases voidable. ECF Doc. No. 183, at 2.)
36 Allstate originally moved to dismiss Romero III in 2005, but the agents mooted its motion by filing an amended complaint. Based upon a stipulation of the parties, Judge Buckwalter stayed all proceedings in Romero III beginning on April 8, 2010, pending the resolution of the validity of the Release to be litigated in Romero I. The stay remained in effect until the most recent filing of the Consolidated Complaint, at which time the Romero III Plaintiffs included their claims. As Allstate never had the opportunity to litigate the dismissal of these claims prior to this time, and as the agents fully briefed the issue in their response to the Motion to Dismiss, we review the merits.
37 548 U.S. 53 (2006).
38 Id. at 57.
39 Id.
40 No. 06-1390, 2007 WL 3147038, at *12 (W.D. Pa. Oct. 25, 2007).
41 Id. at *1.
42 Id. at *2.
43 Id. at *11.
44 Id. at *12 n.25 (quotations omitted; alterations and emphasis in original).
45 No. 14-1115, 2015 WL 540155 (W.D. Pa. Feb. 10, 2015).
46 Id. at* 1.
47 Id. at *6.
48 519 F. Supp. 2d 765, 781 (N.D. Ill. 2007). Ergo held "the only circumstances in which the filing of a compulsory counterclaim might constitute retaliation is where the counterclaim is totally baseless." Id. at 787. Courts within the Seventh Circuit, however, have "adopted a unique presumption against finding litigation conduct to be retaliatory." Spencer v. Int'! Shoppes, Inc., 902 F. Supp. 2d 287, 289 (E.D. N.Y. 2012) (discussing Ergo).
49 Id. at *8 (citing Burlington Northern, at 2408-09).
50 No.15-5474, 2016 WL 1298973 (E.D. Pa. Apr. 4, 2016).
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51 Id. at *2.
52 Id. at *5.
53 Id. at *7.
54 California Motor Transp. Co. v. Trucking Unlimited, 404 U.S. 508, 510 (1972).
55 Id.
56 Id. Numerous other cases outside of the Third Circuit have similarly declined to dismiss retaliation claims asserting that a counterclaim is retaliatory in nature. See, e.g., Carr v. TransCanada USA Servs., Inc., No. Civ.A.14-1084, 2014 WL 6977651, at *2-3 (M.D. Tenn. Dec. 8, 2014) (citing cases and noting counterclaims brought by employers after a former employee files charges of discrimination may constitute retaliation where there are factual allegations showing that the counterclaims were filed in bad faith or with a retaliatory motive); Spencer v. Int'! Shoppes, Inc., 902 F. Supp. 2d 287, 296-97 (E.D.N.Y. 2012) (declining to grant summary judgment on claim for retaliation based on state court litigation filed by the defendants against the plaintiff because a question of fact remained as to whether the damages sought in the state court suit were designed to deter the plaintiff from pursuing his discrimination claim); Torres v. Gristede 's Operating Corp., 628 F. Supp. 2d 447, 472-73 (S.D.N.Y. 2008) (permitting retaliation claim to proceed in an FLSA action where the court found the counterclaims to be "completely baseless" and made in bad faith); Orr v. James D. Julia, Inc., No. Civ.A.07-51, 2008 WL 2605569, at *16 (D. Me. June 27, 2008) (holding the assertion of a claim in litigation can constitute unlawful retaliation, but remarking when a claim qualifies as a compulsory counterclaim, it is actionable as retaliation only if it is totally baseless).
57 Allstate suggests counterclaims may not, as a matter of law, constitute retaliation. None of the cases they cite, however, undermine the great weight of authority holding to the contrary. For example, Allstate refers us to a case from the Northern District of Iowa where the court held "ordinarily, a counterclaim may not [constitute retaliation]." Earl v. Electro-Coatings of Iowa, Inc., No. Civ.A.02-0042, 2002 WL 32172298, at *2 (N.D. Iowa Oct. 29, 2002). In so holding, the court reasoned a counterclaim is not "an employment-related action," a principle abrogated by the subsequent Supreme Court decision in Burlington Northern which held "the antiretaliation provision does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace." Burlington Northern, 548 U.S. at 57. Allstate also relies heavily on a Southern District of New York case to argue courts "have definitively held that an employer's post-termination counterclaim is not actionable retaliation." (Defs.' Reply Br. 14 (citing Marchuk v. Faruqi & Faruqi, LLP, 100 F. Supp. 3d 302, 311 (S.D.N.Y. 2015).) All of the jurisprudence cited as support is pre-Burlington Northern and rests on legal theories rejected by Burlington-Northern. Id. (citing Hernandez v. Crawford Bldg. Material Co., 321 F.3d 528 (5th Cir. 2003); Steffes v. Stepan Co., 144 F.3d 1070, 1075 (7th Cir. 1998)).
58 (ECF Doc. No. 864, ~~ 1055-62.)
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59 Allstate argues "it is not legally possible for Plaintiffs to demonstrate that Allstate's counterclaims were 'completely baseless."' (Defs.' Mem. Supp. Mot. to Dismiss 24.) In doing so, it relies on multiple cases in which the court found counterclaims were not retaliation under the ADEA because the defendant had a good-faith belief the claims were valid. Here, the Consolidated Complaint permits the plausible inference the counterclaims were objectively baseless and not filed with any good faith belief in their merits. Any argument regarding Allstate's actual belief regarding the legal viability of these counterclaims and its purpose for bringing them must await discovery. See Spencer, 902 F. Supp. 2d at 296-97, 299 (holding courts evaluating retaliatory litigation should conduct a fact-specific inquiry into the employer's intent, and declining to grant summary judgment because of genuine issues of material fact).
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 Case 2:01-cv-03894-MAK Document 1126 Filed 04/27/17 Page 1 of 55

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

ALLSTATE INSURANCE COMPANY, :

et al.,

:

:

Defendants.

:

:

:

:

:

:

CIVIL ACTION
NO. 01-3894
CONSOLIDATED WITH
NO. 01-6764 (Romero II) NO. 03-6872 (Romero III) NO. 15-1017 (McLaughlin) NO. 15-1049 (Abell) NO. 15-1190 (Harris) NO. 15-2602 (Tabor) NO. 15-2961 (Siegfried) NO. 15-3047 (Anzivine)

KEARNEY, J.

April 27, 2017

MEMORANDUM with FINDINGS of FACT and CONCLUSIONS OF LAW following our PHASE I NON-JURY TRIAL ON ERISA’S ANTI-CUTBACK RULES

Employers offering pension benefits may not amend or interpret their pension plan to cutback on accrued benefits without ensuring a plan participant does not lose the accrued benefits. Following our bench trial where we evaluated the credibility of conflicting lay and expert witness testimony, reviewed thousands of pages of exhibits, heard extensive legal argument from experienced counsel and studied proposed post-trial findings of fact, we now enter findings of fact and conclusions of law under Federal Rule of Civil Procedure 52(a)(1) in determining whether Defendants Allstate Insurance Company, The Allstate Corporation, the Allstate Agents Pension Plan, and the Allstate Agents Pension Plan Administrative Committee (collectively “Allstate”) violated the anti-cutback rules of Employee Retirement Income Security

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Act (“ERISA”) 1 when it amended the Allstate Agents Pension Plan in November 1991 retroactive to January 1989 to eliminate an early retirement subsidy known as the “beef-up” benefit or when it later interpreted the term “retire” in its pension plan.
We find Allstate’s November 1991 amendments eliminating the beef-up subsidy did not violate ERISA’s anti-cutback rules because Allstate guaranteed participants in the Plan on December 31, 1988 the greater of two alternatives with a baseline of their beef-up subsidy as of the amendment. The participant could only do better after the amendment. We disagree with the Plaintiff agents’ claim the safe harbor failed to protect against a cutback because Allstate lockedin, without “truing up,” the dollar amount for the beef-up subsidy based on 1988 compensation rather than the final full year of compensation before early retirement. We also find the retroactivity of Allstate’s November 1991 amendments to January 1989, given the uniqueness of awaiting Internal Revenue Service guidance after the Tax Reform Act of 1986, does not violate the anti-cutback rules, including for the sound reasons announced by the Court of Appeals for the Eleventh Circuit in reviewing Allstate's November 1991 amendments.2
But after evaluating witness credibility and admitted deposition testimony and exhibits, we find Allstate’s interpretation of the term “retire” in its Plan denying beef-up eligibility to agents with the requisite service years at the time they became exclusive agent independent contractors and who later ceased exclusive agent service at the age of at least 55, but less than age 63, is a cutback prohibited by ERISA. Allstate wrongly adds the word “simultaneously” to misinterpret its Plan language defining “retire” so to deprive eligibility for any agent electing to become an independent contractor agent but not immediately terminating his service with Allstate. As a result of this interpretation, agents who became independent contractors after
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meeting the requirements for the early retirement beef-up subsidy but who did immediately terminate their services for Allstate did not receive the safe harbor protections in Allstate’s Plan.
In the accompanying Order and to remedy this cutback for exclusive agents who may have a loss after being provided with the safe harbor calculations, we require the parties promptly confirm and calculate the safe harbor benefit for exclusive agent Plaintiffs affected by this improper interpretation and promptly report the comparison so we can determine the greater of the two alternatives offered to the exclusive agents under Allstate’s safe harbor.
I. Introduction
Approximately thirty Allstate insurance agents filed two putative class actions against Allstate in 2001: Romero, et al. v. Allstate Ins. Co., et al., No. 01-3894 (“Romero I”) and Romero, et al. v. Allstate Ins. Co., et al., No. 01-6764 (“Romero II”). In 2015, after years of litigation including two appeals, over 400 additional agents intervened or became named plaintiffs in Romero I. Upon reassignment to us in 2016, we consolidated3 all actions to resolve common issues under ERISA and the Age Discrimination in Employment Act (ADEA).4 We ordered Plaintiffs to file a consolidated amended complaint (“Complaint”), setting a case management and discovery schedule, and dividing the common federal question issues into two trial phases: “Phase I” to address cutback claims under ERISA section 204(g)5 and “Phase II” to address remaining federal common federal questions under ERISA § 5106 and ADEA disparate impact claims.7
Plaintiffs in Phase I are all former Allstate employee insurance agents who became participants in Allstate’s Agents Pension Plan (the “Plan”), and claim Allstate violated ERISA’s anti-cutback provision by amending its Plan to eliminate the beef-up subsidy, an accrued benefit.
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Plaintiffs identify a total of 118 individuals who have, or may have, a cutback claim.8 At trial, the parties disputed which of these 118 Plaintiffs have standing to assert a cutback claim.
We analyze whether Allstate improperly cut back accrued benefits by (1) plan amendments to the early retirement subsidy; and (2) interpreting employee agents who converted to “Exclusive Agents” as ineligible for the early retirement subsidy.
II. Findings of Fact
1. Plaintiffs are all former employee agents of Allstate and participants in the Allstate Agents Pension Plan (the “Plan”), a defined benefit plan.9
2. Before 1990, Allstate sold its insurance products through its employee agents employed under employment contracts.10
3. All employee agents between the ages of 21 and 63 automatically became participants in the Plan on January 1 of the first year in which he or she completed one year of “Credited Service” and remained “in the employ of an Employer as an Agent.”11
4. Membership in the Plan “is mandatory and automatic” for all eligible “Agents” and “[e]very Agent who becomes a member in the Plan shall continue to be a member as long as he continues as an Agent.”12
5. The Plan year runs from January 1 through December 31.13 6. An administrative committee consisting of a chairman and at least two other members appointed by the pension committee of Allstate’s board of directors administers the Plan.14 7. Allstate’s Administrative Committee is the “named fiduciary” under ERISA with the “exclusive right to interpret the terms and provisions of the Plan and to determine any and all questions arising” under the Plan.15
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A. Allstate’s early retirement beef-up subsidy in its 1989 Plan. 8. Allstate’s Agents Pension Plan, as amended effective January 1, 1989, (“1989 Plan”) provided for retirement benefits upon “normal retirement,” “later retirement,” “early retirement,” and “termination before normal retirement.”16 9. Section 2.1 of the 1989 Plan provided retirement benefits for “normal retirement” at age 63 and included a formula for calculating “Retirement Pay.”17 A normal retirement benefit is computed by taking 2.5% of the Agent’s “Annual Compensation,” as defined by Plan, less a Social Security offset. 10. Section 2.3(A) provided an early retirement subsidy for eligible agents known as the “beef-up.”18 Allstate calculates this early retirement benefit by first determining the normal retirement benefit under Section 2.1 and adding up to eight years of “beef-up” for the years between the participant’s early retirement and age 63, the normal retirement date, reduced for each year the participant retired early:
If an Agent shall retire prior to his Normal Retirement Date after having attained age 55 and, at his actual retirement date, having completed 20 years of continuous service with the Employers and controlled group members, and in accordance with the Company’s voluntary early retirement policy, he shall become entitled to receive Retirement Pay commencing on the first day of the month next following his actual retirement date. The amount of such Retirement Pay, subject to the limitations hereafter stated in the Plan, shall be (i) the amount of Retirement Pay which he would receive if he continued in employment to Normal Retirement Date at his same level of Annual Compensation as in the most recent full calendar year, (ii) reduced by 0.4% for each full month by which the commencement of his Retirement Pay shall precede his Normal Retirement Date. 19 11. Allstate provided the beef-up to encourage early retirement by increasing a participant's benefit to the level it would have been if the participant continued to work until his
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Normal Retirement Date at age 63, subject to reduction for each year the participant retires early.20
12. An Agent became eligible to receive the beef-up subsidy upon satisfying certain eligibility requirements; an “Agent” must retire prior to the Normal Retirement Date of age 63; attain the age 55; complete 20 years of continuous service with the “Employers and controlled group members,” as defined by the Plan, and retire in accordance with the Allstate’s “voluntary early retirement policy.”
13. Assuming an Agent elects early retirement upon meeting eligibility conditions, his “Retirement Pay” is “beefed-up” to include years of pay (based on his last year of pay) he would have received had he worked to Normal Retirement Age, age 63 under the 1989 Plan. An Agent who retired at age 55 with 20 years of continuous service would receive a maximum eight years of “beef-up” added into the calculation of his “Retirement Pay” reduced by 4.8% per year for each year the participant retires before age 63. An Agent who retired at age 56 with 20 years of continuous service would receive seven years of “beef-up;” an Agent who retired at age 57 with 20 years of continuous service would receive six years of “beef-up” and so forth until reaching age 63.
B. Allstate introduces its “Exclusive Agent independent contractor” program. 14. In 1990, Allstate introduced its Exclusive Agent (“EA”) program. Employee agents who converted to EA entered into Exclusive Agent Agreements, and Allstate hired all agents into the EA program under such Exclusive Agent Agreements.21 15. Under the EA program, an Agent either operated under (a) an eighteen-month provisional R3000 employee contract before entering into an R3001 EA agreement or (b) under an R3001 EA agreement designating him as an independent contractor.22
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C. Allstate freezes the Plan in response to the Tax Reform Act of 1986. 16. In 1986, Congress passed the Tax Reform Act of 1986 (“TRA ‘86” or the “Act”), Publ. L. 99-514, 100 Stat. 2085. 17. Among other changes to the tax code, TRA '86 changed the treatment of employer sponsored retirement plans such as qualified pension plans. "One of the principal purposes of the Act, with respect to pension plans, was to eliminate perceived discrimination in favor of highly compensated employees. One of the most common instances of the discrimination Congress wanted to eliminate was the Social Security offset."23 To retain the tax advantages of a qualified pension plan, the Act required employers to adopt non-discriminatory benefit formulas by January 1, 1989. 18. To prepare for the changes required by TRA '86, Allstate engaged the consulting firm Mercer Meidinger Hansen ("Mercer") to recommend plan amendments to bring the Plan into compliance with the new law as well as to meet Allstate's business objectives.24 19. Mercer told Allstate TRA '86 precluded the use of a Social Security offset in the Plan's benefit formula because it may discriminate in favor of highly compensated employees.25 20. Allstate’s Pension Committee concluded it was both necessary and sensible to amend the Allstate Agents Pension Plan to eliminate the Social Security offset from the Plan benefit formula.26 21. The Act required the Secretary of the Treasury to issue regulations providing guidance to plan sponsors. By late 1988, the Internal Revenue Service ("IRS") failed to issue such regulatory guidance. 22. On December 27, 1988, the IRS issued Notice 88-131.27 The stated purpose of Notice 88-131 “is to provide relief to sponsors of qualified pension . . . plans . . . in order to
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provide time to review regulations and make decisions about benefit program redesign without incurring impractical costs in order to comply with [TRA ’86].”28
23. Notice 88-131’s Purpose and Background section provided: “Regulations issued pursuant to section 401(b) of the Code have been amended to include provisions of TRA ’86 within the definition of disqualifying provisions, thus permitting plan sponsors an extended remedial amendment period in which to amend their plans to comply retroactively with TRA ’86.”29 Section 401 of the tax code, 26 U.S.C. § 401, pertains to qualified pension plans.
24. The extended remedial amendment period notwithstanding, Notice 88-181warned Code section 401(b) “does not permit plan sponsors to retroactively reduce or eliminate benefits protected by section 411(d)(6).”30
25. Section 411(d)(6), 26 U.S.C. § 411(d)(6), is the Internal Revenue Code’s counterpart to ERISA’s section 204(g) anti-cutback provision and, like section 204(g), prohibits the decrease of an accrued benefit by plan amendment.
26. Notice 88-131 states section 411(d)(6) of the Code provides, in general, “a plan amendment . . . may not decrease a participant’s accrued benefit determined as of the later of the date of adoption or the effective date of the amendment” and because neither TRA ‘ 86 nor section 401(b) of the Code provide an exception to the anti-cutback provision in section 411(d)(6), “the prohibition applies with respect to plan amendments made to comply with TRA ’86 after the first accruals of the 1989 plan year.”31 Compliance with section 411(d)(6) requires a participant’s accrued benefit “immediately after the later of the adoption or effective date of an amendment not be less than the greater of (1) the participant’s accrued benefit calculated without regard to the amendment or (2) the participant’s accrued benefit calculated in accordance with the amendment.”32
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27. Notice 88-131 offered relief to employers in the form of “Model Amendments” allowing time to “study new regulations and other interpretive guidance requisite to their decisions with respect to plan design and benefit structure, and in view of the requirements of section 411(d)(6) of the Code and the nondiscrimination requirements of TRA ’86.”33
28. Model Amendment 3 was “designed for plan sponsors that anticipate substantially revising the plan’s provisions, limits additional benefit accruals of all plan participants from the effective date of the amendment until the end of the 1989 plan year.”34
29. Model Amendment 3 allowed “a plan, subject to certain time limitations, [to] suspend post-1988 benefit accruals for plan participants until after the adoption of a benefit formula in compliance with TRA ’86. Under Model Amendment 3, plan participants’ benefits during the period of suspension would be determined at a later date using the benefit formula adopted by their plan sponsor to comply with TRA ’86.”35
30. Model Amendment 3 provided in part: Notwithstanding any other contrary provision of the plan, in calculating the accrued benefit . . . of any participant, such participant shall accrue no additional benefit under the plan on or after [insert the effective date of this model amendment, which shall be no earlier than the date this amendment is adopted] to the extent that such additional benefit accrual exceeds the benefit which would otherwise accrue in accordance with the terms of the plan as subsequently amended to comply with those qualification requirements described in [TRA ‘86].”36
31. Notice 88-131 required plan sponsors adopting Model Amendment 3 to do so by March 31, 1989.37
32. On March 13, 1989, Allstate adopted Model Amendment 3 and amended the Plan to add a new Section 3.9 entitled “Temporary Limitation on Benefit Accrual.” Section 3.9 recites the language of Model Amendment 3.38
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33. Section 3.9 “froze” Plan participants’ benefits after 1988 and, in accordance with Model Amendment 3, provided a participant’s accrued benefit “shall not be less than what the participant had accrued as of the last day of the last plan year beginning before January 1, 1989,” that is, as of December 31, 1988.
34. By its terms, Model Amendment 3, “shall be effective until the last day of the first plan year commencing in 1989 and shall be effective for such period if any only if the subsequent TRA ’86 amendment is made on or before the last day of the first plan year commencing in 1989,” that is, until December 31, 1989.39
35. Model Amendment 3 was not subject to notice requirements of ERISA section 204(h), 29 U.S.C. § 1054(h).40
36. ERISA Section 204(h), 29 U.S.C. §1054(h), prohibits amendment of a pension plan “significant[ly] reduc[ing] . . . the rate of future benefit accrual” unless the plan administrator provides notice to plan participants written in a manner “calculated to be understood by the average plan participant” and providing sufficient information to allow participants to understand the effect of the plan amendment.
37. In February 1989, before adopting Model Amendment 3, Allstate advised its employees of changes to the Plan as a result of TRA ’86:
a. Plan change effective January 1, 1988 regarding the accrual of benefits for employees who work past age 65;
b. Plan changes effective January 1, 1989 regarding vesting; the payout of pension benefits for participants who reach age 70 ½; and compensation used in the calculation of pension benefits is limited to $200,000;
c. TRA ’86 requires modification of the way benefits are earned in plans with a social security offset, and while the IRS had not yet published guidelines on how benefits should be calculated, Allstate “would like to share some important facts” highlighted in bullet points: benefits earned in the Plan through December 31, 1989 will not be affected; there will be no gap in Plan
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participation and pension benefits will continue to earn credit in 1989; Plan participants retiring or terminating in 1989 and eligible for payment at that time will be paid benefits earned through December 31, 1988 and credits earned between January 1, 1989 and the date of termination will be paid out later in the year when the new benefit calculations are known; Allstate will be unable to provide benefit estimates for retirements after January 1, 1989; and Annual Statement of Benefits due for distribution in April 1989 will provide benefits earned through December 31, 1988, but projected benefits will not be shown. d. Once the IRS provides specific guidelines, Allstate “will communicate to all employees complete information on Pension Plan changes.”41
38. Continued delay in the issuance of IRS regulations resulted in IRS Revenue Procedure 89-65 published in November 1989.42
39. Revenue Procedure 89-65 extended the application of Model Amendment 3 under Notice 88-131 to “allow plan sponsors to continue the suspension of benefit accrual beyond the end of the 1989 plan year.”43 Under Revenue Procedure 89-65, plan sponsors such as Allstate
could continue the suspension of benefit accruals under Model Amendment 3 until (a) December
31, 1990 or (b) December 31, 1991 as long as the plan sponsor provided the notice described in ERISA section 204(h).44
40. On December 29, 1989, Allstate amended Section 3.9 of the Plan changing the effective date of the provision from “the last day of the first plan year commencing in 1989” to “the last day of the first plan year commencing in 1990” and provided it “shall be effective for such period if any only if the subsequent TRA ’86 amendment is made on or before the last day of the first plan year commencing in 1990.”45
41. In December 1989, Allstate sent a letter to “Allstate Associate[s].” The December
1989 letter referred to the February 1989 letter, advised Allstate still awaited IRS guidance and it “has been developing a new pension plan design in anticipation of the final regulations.” Recognizing the “plan design” will not be completed for several months, the December 1989
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letter advised pension benefits earned through December 31, 1988 will not be affected; current “methods” of receiving pension benefits will continue to be available; there is no gap in plan participation and participants will continue to earn credit toward pension benefits in 1989 and beyond; and the Social Security offset will be eliminated.46
42. In April 1990, Allstate sent another letter to “Allstate Associates.” The April 1990 letter “reemphasize[d]” the points in the December 1989 letter; repeated the same bulleted points as the December 1989 letter; and additionally advised employees to “review all your benefits information.”47
43. In September 1990, Allstate sent out a fourth letter to “Allstate Associates.” The letter advised of the release of regulations implementing TRA ’86, and, as a result, Allstate made Plan changes and meetings with all associates will be held to review changes to the Plan.48
44. In November 1990, the IRS issued Notice 90-73, again extending the period for compliance with TRA ’86 and the freezing of benefits through the end of 1992.49 The IRS extended the remedial amendment period again in Notice 92-36 to the end of 1994.50
D. Allstate’s October 1990 Pension Committee Resolution. 45. As of September 1990, Allstate sent out four letters to employees; February 1989, December 1989, April 1990, and September 1990 regarding changes to the Plan but had not yet amended the Plan to comply with TRA ‘86. 46. On October 26, 1990, Allstate’s Pension Committee adopted a resolution to amend the Plan:
BE IT RESOLVED, That the officers of Allstate Insurance Company (the “Company"'),acting on behalf of this Committee, be and they are hereby authorized and directed to amend the Agents Pension Plan (the "Plan"), and the trust agreement forming a part of the Plan (the "Trust"), to provide full vesting after five years of service; to modify the benefit formula for service after 1988 to 2% times eligible annual compensation for each year of credited service; to raise
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the normal retirement age to 65, to comply with the applicable requirements of the Tax Reform Act of 1986 and Internal Revenue Service rulings and regulations, and to effect such additional changes in the Plan and Trust as they deem necessary or desirable as a result of the provisions of said Act, rulings and regulations; provided that the annual cost to the Company for the Plan and Trust, as so amended, is substantially similar to the level outlined and described to this Committee by the officers.51
47. Allstate did not address the beef-up in the October 1990 Resolution. 48. In the Scott litigation, the Court of Appeals held the October 1990 Resolution did not constitute a plan amendment.52 49. Although Allstate did not amend the Plan by the October 1990 Resolution, Allstate distributed a booklet around the time of the October 1990 resolution addressed to Allstate Agents entitled “Shaping Your Future Financial Security . . . Today” (the “Booklet”).53 50. In the Booklet section entitled “What’s New?” Allstate highlighted some changes to the Plan, but did not mention eliminating the beef-up. In the “How the Plan Works Now” section for “Service Before January 1, 1989,” Allstate stated “the current ‘beef-up’ feature in the Pension Plan will continue until 1999. Prior eligible compensation and service beef-up provisions will continue until 1) you turn age 63, or 2) December 31, 1999, whichever occurs first.”54
E. Allstate’s November 1991 Plan Amendment eliminating the beef-up benefit and providing a “safe harbor.”
51. On November 15, 1991, Allstate’s Pension Committee amended several sections of the Plan, including a new post-1988 benefit formula eliminating the Social Security offset and amending Section 2.3(A) beef-up subsidy (“November 1991 Amendments”).55 Allstate made amendments to Sections 2.1, 2.2, 2.3, and 2.4 retroactively effective as of January 1, 1989.
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52. Section 2.3(A) of the amended Plan eliminated, as of December 31, 1999, the beef-up subsidy. The new Section 2.3(A) had the same eligibility requirements; an Agent must retire prior to his Normal Retirement Date; attain the age of 55; complete 20 years of continuous service; and retire in accordance with Allstate’s voluntary early retirement policy. However, under the newly amended Plan, Agents meeting the eligibility requirements received a beef-up subsidy “until the earlier of (a) the last day of the month in which his 63rd birthday occurs, or (b) December 31, 1999; (ii) reduced as provided in Section 2.3(B) . . ..”56
53. The 1991 Amendments also included a Special Minimum Benefit Provision, also referred to as a “safe harbor,” in Section 2.3(C) which Allstate claims protects participants’ beefup subsidy accrued before the effective date of January 1, 1989. The safe harbor provided:
In no event shall the amount of such Retirement Allowance be less than the Agent's Early Retirement Benefit, computed under the terms of the Plan as in effect on December 31, 1988 as though the Agent had retired on that date, but commencing at his Early Retirement Date.57 54. The safe harbor guaranteed an individual who was a participant on December 31, 1988 and who became eligible for the beef-up either before or after the November 1991 Amendments, would receive the greater of two alternatives: (i) the early retirement benefit calculated as though the participant had retired on December 31, 1988 under the terms of the preamendment Plan (“Alternative #1”); or (ii) the early retirement benefit calculated on the participant’s actual date of retirement under the terms of the post-amendment Plan (“Alternative #2”).58 55. Alternative #1 is calculated as follows: Step 1: First determine the normal retirement benefit a participant would receive if he or she retired under Section 2.1 on December 31, 1988 (i.e., the normal retirement benefit based on Annual Compensation for each year of Credited Service from date of hire through 1988). Step 2: Add the normal retirement benefit plus
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up to eight years of beef up based on the last full year of Annual Compensation (i.e., 1988 compensation) for the period between the participant’s age on December 31, 1988 and his or her 63rd birthdate. Step 3: Reduce the sum from Step 2 (i.e., the normal retirement benefit plus the beef up) by 4.8% a year for each year the participant retires before the Normal Retirement Date. The result is the annual amount of the early retirement benefit under Alternative #1.59
56. Alternative #2 is calculated as follows: Step 1: First determine the normal retirement benefit a participant would receive if he or she retired under Section 2.1 on his or her actual date of retirement (i.e., the normal retirement benefit based on Annual Compensation for each year of Credited Service from date of hire through the participant’s last year of Credited Service). Step 2: Add the normal retirement benefit to any beef up based on the last full year of Annual Compensation for the period between the participant’s actual date of retirement and the earlier of (i) his or her 63rd birthdate and (ii) December 31, 1999. Step 3: Reduce the sum from Step 2 (i.e., the normal retirement benefit plus any beef up) by 4.8% a year for each year the participant retires before the Normal Retirement Date. Because the normal retirement age increased from 63 to 65 in 1989, the Pre-1988 Benefit and the Post-1988 Benefit are reduced separately. The Pre-1988 Benefit is reduced by 4.8% a year for each year the participant retires before age 63, and the Post-1988 Benefit is reduced by 4.8% a year for each year the participant retires before age 65. The result is the annual amount of the early retirement benefit under Alternative #2.60
57. Alternative #1 is calculated based on a participant’s accrued normal retirement benefit as of December 31, 1988 and credited the participant with the maximum eight years of beef-up subsidy regardless of when the participant retired.
58. Alternative #2 is calculated based on the Plan as amended in November 1991.
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59. After the November 1991 Amendment, Participants younger than 55-years old by December 31, 1991 would not receive the eight years of beef-up provided in the pre-amended Plan. For example, a participant who turned 55 in 1995 with the requisite years of continuous service would receive only 4 years of beef-up rather than the eight years of beef-up because the amended Plan eliminated the beef-up as of December 31, 1999. Participants who turned 55years old after December 31, 1999 received no beef-up under the amended Plan.
F. Allstate’s “Preparing for the Future” Program. 60. On November 10, 1999, Allstate announced its “Preparing for the Future” Program (the “Program”). Under the Program, Allstate planned to terminate all agent employees by no later than June 2000.61 61. Through the Program, employee agents could either convert to EA status or leave Allstate either by selling their book of business to Allstate (“sale option”) or taking severance (“severance option”).62
G. Identification of Plaintiffs 62. Allstate employed Plaintiffs as employee agents who, at the time of the Program, could either convert to EA or leave the company. 63. There is a total of 118 Plaintiffs in this Phase I trial who allege a violation of ERISA’s anti-cutback provision:
(a) 75 Plaintiffs, broken into Groups One through Four, have a cutback claim regardless of whether Allstate properly classified them as employees or independent contractors;
(b) 43 Plaintiffs may have a cutback claim if they show, in later, individual proceedings, Allstate improperly classified agents under the R3001 Agreement as independent contractors.63
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64. All 118 Plaintiffs were Plan participants by December 31, 1988, except Brenda Hammond, who became a participant on January 1, 1989. Plaintiffs’ employment contracts terminated either on December 31, 1999 or between January 1 and June 30, 2000.64
65. At trial, Plaintiffs’ counsel categorized 75 of the 118 Plaintiffs into four groups. Group One and Group Two Plaintiffs
66. Group One consists of eight (8) individuals who met the age and service criteria for early retirement and “retired” from Allstate because they neither converted to EA nor elected the sale option, thereby satisfying the requirements of the pre-amended Section 2.3(A) beef-up provision.65
67. Trial exhibits calculated the safe harbor for each of the eight Group One Plaintiffs. As confirmed by Plaintiffs’ exemplar summary chart relating to Group One Plaintiff O’Connor, there is no evidence any Group One Plaintiff lost any early retirement subsidy by comparing the Alternatives #1 and #2 assuming we compared, under today’s Findings, the 1988 compensation and compensation in the last year of service.66
68. Group Two consists of 31 individuals who in 2000 elected the sale option, selling their book of business to Allstate having met the age and years of continuous service eligibility criteria for the beef-up.67
69. Upon electing the sale option, Allstate required Group Two Plaintiffs to execute an EA contract and wait one month before Allstate processed the sale. Plaintiffs contend the only relevant difference between Group One and Group Two is Allstate’s requirement those in Group Two sign an EA contract for one month for “purely administrative reasons” and then used the signing of the EA contract to deprive them of beef-up eligibility.
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70. Allstate contends Group Two Plaintiffs converted to EA and did not “retire” from Allstate. Allstate’s Administrative Committee interpreted the term “retire” for purposes of the early retirement beef-up eligibility as requiring an Agent to have incurred both a termination of employment and a separation from service and an Agent converting to EA as having incurred a termination of employment but not a separation of service.68
71. Plaintiffs assert Group Two Plaintiffs met the age and service criteria for beef-up eligibility and “retired” from Allstate, thereby satisfying all the pre-amendment conditions for the beef-up. Plaintiffs assert those in Group Two are eligible for the early retirement beef-up benefit regardless of whether they are properly classified as independent contractors under the EA contract.
72. Plaintiffs contend those in Group One and Group Two (a total of 39 Plaintiffs) retired from Allstate at the time of the Program at the age of at least 55, but less than age 63, with at least 20 years of continuous service and were denied any beef-up subsidy because it had been eliminated as of December 31, 1999.
Group Three and Group Four Plaintiffs 73. Group Three consists of 33 Plaintiffs who converted to EA under the Program with at least 20 years of continuous service and were between the ages of 55 and 63 after 2000. 74. Group Four consists of three (3) Plaintiffs who converted to EA and are currently active EAs with the requisite 20 years of continuous service when they converted to EA and are now at least 55 years old but not yet 63 years old. 75. Plaintiffs assert Group Three and Four Plaintiffs have met, or could still meet, all pre-amendment conditions for the beef-up even assuming they are properly classified as independent contractors under the EA contract.
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76. There are 75 Plaintiffs in Groups One, Two, Three, and Four. The remaining 43
of the 118 total Plaintiffs are those who converted to EA and, under our summary judgment
opinion, will need to show in a later proceeding their service as an EA meets the definition of a
common law employee not an independent contractor so as to have their service as an EA count
towards the 20 years of continuous service for early retirement beef-up eligibility.
77. Allstate does not dispute the eight Plaintiffs in Group One have standing, but
argues none of the eight suffered damage.
78. Allstate argues Plaintiffs in Groups Two, Three, and Four all converted to EA,
and EAs are, and always have been, ineligible for the beef-up subsidy in Section 2.3.
79. Plaintiffs seek the following remedies:
a. The Court determine and adjudge Allstate and the violated the Plaintiffs’ antikickback rights under 29 U.S.C. § 1132(a)(3);
b. The Court issue a permanent injunction under 29 U.S.C. § 1132(a)(3) and the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, compelling Allstate and the Administrator to repeal or set aside the November 1991 and December 1994 plan amendments relating to early retirement and the “beef-up” retroactively to the dates those amendments were adopted;
c. The Court enter judgment in favor of Plaintiffs against the Pension Plan and the Administrator under 29 U.S.C. § 1132(a)(3) for “make whole” or other appropriate equitable relief;
d. The Court enter judgment in favor of Plaintiffs against the Pension Plan under 29 U.S.C. § 1132(a)(1)(B) after the Court has provided the relief set forth above;
e. The Court award such other and further relief as may be found just and appropriate;
f. The Court award Plaintiffs attorneys’ fees, experts’ fees and the costs and expenses of this litigation; and
g. The Court retain jurisdiction over Allstate, the Pension Plan and the Administrator until such time as it is satisfied the practices complained of are remedied and in full compliance with the law.
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III. Conclusions of Law
80. We have jurisdiction under Section 502(e)(1), (f) of ERISA, 29 U.S.C. § 1132(e)(1), (f).
A. ERISA’s anti-cutback provision. 81. ERISA is a remedial statute and “should be liberally construed in favor of protecting the participants in employee benefit plans.”69 82. Our Court of Appeals consistently recognizes protection of retirement benefits “reflects the underlying policy goals of ERISA,” and “Congress’s chief purpose in enacting the statute was to ensure that workers receive promised pension benefits on retirement.”70 83. In 1984, Congress amended ERISA by adding section 204(g)(2) to protect early retirement benefits and retirement-type subsidies from reduction or elimination by plan amendment. 84. Section 204(g), known as the anti-cutback rule, provides in relevant part:
(1) The accrued benefit of a participant under a plan may not be decreased by an amendment of the plan . . .
(2) For purposes of paragraph (1), a plan amendment which has the effect of - (A) eliminating or reducing an early retirement benefit or a retirement-type subsidy (as defined in regulations), or (B) eliminating an optional form of benefit, with respect to benefits attributable to service before the amendment shall be treated as reducing accrued benefits. In the case of a retirement-type subsidy, the preceding sentence shall apply only with respect to a participant who satisfies (either before or after the amendment) the preamendment conditions for the subsidy . . . .71
85. To state a claim for a violation of the anti-cutback rule, Plaintiffs must show (1) a plan amendment and (2) the amendment decreased an accrued benefit.72
86. There is no dispute the beef-up subsidy is an accrued benefit. In this Circuit, “[t]here is no question but that a standard early retirement benefit, provided exclusively upon the
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satisfaction of certain age and/or service requirements, is an accrued benefit” protected by section 204(g).73
87. A plan sponsor may eliminate prospectively an early retirement benefit by amendment, but the amendment cannot “adversely affect that portion of an early retirement benefit already had accrued to a plan participant who satisfie[s] the pre-amendment conditions for the benefit either before or after the amendment.”74
88. If an amendment reduces or eliminates an early retirement benefit or retirementtype subsidy, the amendment must allow participants to “grow into” the benefit.75
B. Comparing the Plan’s Section 2.3(A) beef-up subsidy before and after the November 1991 Amendments.
89. Under Section 2.3(A) of the pre-amended Plan, Agents could elect to retire early at age 55, but before age 63, with 20 years of continuous service and “in accordance with the Company’s voluntary early retirement policy.” If eligible, Agents were credited with a beef-up subsidy of up to eight years as if the Agent worked to age 63 at the same level of compensation as in the most recent full calendar year preceding retirement, subject to reduction for each year the participant retired early.
90. When each Plaintiff became a Plan participant, each earned a right to the beef-up contingent upon each Plaintiff satisfying the eligibility requirements – retiring from Allstate at age 55 with 20 years of continuous service – protected by section 204(g).76
91. The November 1991 Amendments changed Section 2.3(A). The amended Section 2.3(A) had the same eligibility requirements; an Agent must retire before his Normal Retirement Date; attain the age of 55; complete 20 years of continuous service; and retire in accordance with Allstate’s voluntary early retirement policy. However, under the amended Plan, Agents meeting the eligibility requirements received a beef-up subsidy “until the earlier of (a) the last day of the
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month in which his 63rd birthday occurs, or (b) December 31, 1999; (ii) reduced as provided in Section 2.3(B) . . ..”
92. The November 1991 Amendments added a safe harbor provision in Section 2.3(C) which Allstate contends protects the pre-amendment beef-up benefit.
93. Section 2.3(C) provides: “in no event shall the amount of [the] Retirement Allowance [provided by Section 2.3] be less than [an amount equal to] the Agent’s Early Retirement Benefit, computed under the terms of the Plan as in effect on December 31, 1988 as though the Agent had retired on that date, but commencing at his Early Retirement Date.”
C. Section 2.3(C) protects against a cutback. 94. Under Section 204(g) of ERISA and its companion in the Internal Revenue Code, 26 U.S.C. § 411(d)(6)(A), a plan participant’s accrued benefit may not be decreased by plan amendment. 95. ERISA’s section 204(g) prohibits a cutback of an accrued benefit “with respect to benefits attributable to service before the amendment.”77 96. The parties agree Plan participants must be permitted to “grow into” eligibility for the beef-up subsidy, an accrued benefit, by satisfying the eligibility requirements after the date of the amendment. 97. The amended Section 2.3(A) eliminating the beef-up subsidy, without more, would constitute an impermissible cutback. 98. However, if the safe harbor provision in Section 2.3(C) protected the beef-up subsidy, then there is no cutback. Thus, the key question is whether Section 2.3(C) in the amended Plan protects against a cutback.
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99. Plaintiffs argue Section 2.3(C) did not prevent a cutback because it protected only benefits accrued through the end of 1988 and benefits continued to accrue between 1988 and the 1991 Amendments; Plaintiffs’ accrued benefit is the right to a beef-up subsidy based on the final full year of compensation, not 1988; Allstate’s Plan amendments to the beef-up subsidy cannot be properly retroactive to January 1, 1989 because they were not required for TRA ’86 compliance; and Allstate failed to provide Section 204(h) notice of the amendment eliminating the beef-up, a condition for Allstate’s freezing the Plan and retroactive amendment under TRA ’86, Notice 88-131, and later Revenue Procedures.
100. Allstate responds it complied with Notice 88-131 and subsequent Revenue Procedures by freezing the Plan under Model Amendment 3; properly amended the Plan retroactively to comply with TRA ’86 and provided the safe harbor to protect accrued benefits; and Allstate provided sufficient Section 204(h) notice of the November 1991 Amendment.
101. Allstate argues Section 2.3(C) protected against a cutback because it guaranteed every Plan participant received the full eight year beef-up as if he retired early on December 31, 1988, allowing the participant to “grow into” the benefit after the amendment. Allstate contends Section 2.3(C) guaranteed the participant would receive the greater of the two alternatives; the early retirement benefit calculated as though the participant retired on December 31, 1988 with the full eight years of beef-up under the terms of the pre-amended Plan (Alternative #1) or the early retirement benefit calculated on the participant’s actual date of retirement under the terms of the post-amended Plan (Alternative #2).
102. Treasury regulation § 1.411(d)-3, 26 C.F.R. § 1.411(d)-3, implements the Internal Revenue Code’s counterpart to ERISA’s section 204(g).78 Section 1.411(d)-3(a)(1) provides the general rule a plan amendment may not decrease an accrued benefit. A plan amendment
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“includes any changes to the terms of a plan” and the protection of section 411(d)(6) “applies to a participant’s entire accrued benefit under the plan as of the applicable amendment date, without regard to whether entire accrued benefit was accrued before a participant’s severance from employment or whether any portion was the result of an increase in the accrued benefit of the participant pursuant to a plan amendment adopted after the participant’s severance from employment.”79
103. Section 1.411(d)-3(g)(14) defines the term “section 411(d)(6) protected benefit” as “the accrued benefit of a participant as of the applicable amendment date described in section 411(d)(6)(A) and any section 411(d)(6)(B) protected benefit.”80
104. Similarly, section 1.411(d)-3(g)(15) defines the term “section 411(d)(6)(B) protected benefit” as “the portion of an early retirement benefit, a retirement-type subsidy, or an optional form of benefit attributable to benefits accrued before the applicable amendment date.”81
105. Section 1.411(d)-3(a)(4) provides examples illustrating the application of section 1.411(d)-3(a). In Example 1, a Plan provides an annual benefit of 2% of career average pay times years of service commencing at normal retirement age. The Plan is amended in November 2006, effective January 2007, changing the benefit formula to an annual benefit of 1.3% of final pay times years of service, with final pay computed as the average of a participant’s highest 3 consecutive years of compensation. The multiplier (2% versus 1.3%) and what is multiplied (career average pay verses the average of a participant’s highest 3 consecutive years of compensation) is changed by plan amendment.
106. As of the effective date of the amendment, Participant M’s accrued benefit is calculated under both the pre-amended and post-amended formula; Participant M’s accrued
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benefit calculated under the post-amended formula as of the applicable amendment date is increased under the post-amendment formula. There is no cutback for Participant M. However, when Participant N’s accrued benefit is calculated under the pre-amended and post-amended formula, N’s accrued benefit as of the applicable amendment date is decreased under the postamended formula. There is a cutback for Participant N. The plan amendment fails to satisfy the requirements of section 411(d)(6)(A) – the IRC’s anti-cutback provision – “because the amendment decreases the accrued benefit of Participant N below the level of the accrued benefit of Participant N immediately before the applicable amendment date.”82
107. In Example 2, the facts are the same as in Example 1 except the Plan includes a provision under which Participant N’s accrued benefit cannot be less than what it was immediately before the applicable amendment date – similar to the safe harbor here. In this example, there is no cutback by plan amendment because Participant N is guaranteed his accrued benefit immediately before the applicable amendment date.83
108. Here, Section 2.3(C) protects against a cutback because as of January 1, 1989, the effective date of the 1991 Amendments, the safe harbor in Section 2.3(C) guaranteed participants in the Plan on December 31, 1988 who became eligible for the beef-up either before or after November 1991 the greater of Alternative #1 or Alternative #2.
109. We disagree with Plaintiffs’ claim Section 2.3(C) failed to protect against a cutback because Allstate locked-in, without “truing up,” the dollar amount for the beef-up subsidy based on 1988 compensation rather than the final full year of compensation.
110. If we accepted Plaintiffs’ argument, Allstate could never have amended the Plan to eliminate the beef-up subsidy for anyone who was a Plan participant as of January 1, 1989. We find no authority for such a conclusion. To the contrary, the language of § 1.411(d)-3 defines
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a protected benefit as the portion of a subsidy “attributable to benefits accrued before the applicable amendment date.” Plan participants’ compensation as of December 31, 1988 is the benefit accrued before the January 1, 1989 effective date.
111. ERISA’s anti-cutback provision requires a participant the ability to “grow into” eligibility for a retirement-type subsidy such as the beef-up by satisfying the eligibility requirements before or after the date of amendment. Section 2.3(C) allowed Plaintiffs to do so, guaranteeing the beef-up to each participant who satisfied the eligibility requirements – age 55 with 20 years of continuous service - either before or after January 1, 1989.
D. Amending Section 2.3 retroactive to January 1, 1989 is not a cutback. 112. Although we conclude the 1991 Amendments to Section 2.3 did not constitute a cutback, we must determine whether the retroactive effective date of 1991 Amendments is a cutback. 113. There is no dispute Allstate did not amend the Plan until November 15, 1991.84 114. Plaintiffs argue Allstate did not have the right to amend the Plan to eliminate the beef-up subsidy with retroactive effect because elimination of the beef-up is unrelated to the TRA ’86. 115. Employers may make prospective plan changes without violating Section 204(g). “[E]mployers are perfectly free to modify the deal they are offering their employees, as long as the change goes to the terms of compensation for continued, future employment: a plan ‘may be amended to eliminate or reduce section 411(d)(6) protected benefits with respect to benefits not yet accrued . . . .’”85
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116. TRA ’86 required compliance by January 1, 1989 and, in subsequent IRS Notice and Revenue Procedures, permitted retroactive plan amendment so long as the plan sponsor provided sufficient 204(h) notice.86
117. Allstate provided the February 1989, December 1989, April 1990, and September 1990 notices to employees. The Eleventh Circuit in Scott held these notices complied with section 204(h) permitting, under Revenue Procedure 89-65, the 1991 Amendments to be retroactive to January 1, 1989.87
118. The Court of Appeals examined the four Allstate notices in 1989 and 1990 and concluded the “average Plan participant would clearly understand that the old benefits accrual formula would apply through December 31, 1988, that thereafter benefits would continue to accrue but that there would be a change in the formula which could not be determined until the IRS published its guidelines.”88
119. Plaintiffs argue the Court of Appeals’ decision in Scott has no bearing on this case for two reasons. First, the amendments at issue in Scott were those necessary to bring Allstate’s Plan into compliance with TRA ’86 and the beef-up amendments had nothing to do with TRA ’86 and none of Allstate’s notices before 1991 sufficiently informed Plan participants about the beef-up amendment. Second, unlike the TRA-related amendments addressed in Scott, Allstate determined elimination of the beef-up was a change that “should be made” for business reasons on March 13, 1989, the day it adopted Model Amendment 3. Plaintiffs argue Allstate could have given Section 204(h) notice regarding the beef-up amendment at least as of March 13, 1989 (which it failed to do), distinguishing changes to the beef-up from changes to the formula for benefit accruals the Eleventh Circuit found Allstate could not have known prior to final IRS guidance.
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120. We disagree with Plaintiffs’ arguments. We do not read the Court of Appeals’
decision in Scott to apply only to Plan amendments required by TRA ’86. The Court of Appeals
explained its holding:
[E]very Plan participant was given written notice that there would be changes in the formula for benefit accruals because of the new tax law; that such changes would not affect benefits earned through December 31, 1988, and conversely that benefit accruals after January 1, 1989, would be affected; and, that there would continue to be some benefit accruals after January 1, 1989, but that a new formula for calculating same would not be known until the IRS published guidelines. Thus, although all participants did not know the precise change in the formula, nor the precise difference it would mean with respect to each, they did know that the formula for benefit accruals was to be changed effective January 1, 1989. Indeed, they knew substantially everything that it was possible for defendants to have communicated as of the time that Rev. Proc. 89–65 required the notice to be sent to them (i.e., before December 31, 1990). Moreover, the failure of some participants to have actual advance knowledge of the precise change in the formula or the precise amount by which their own benefit would increase or decrease (as compared to pre–1989) could not have harmed them (in a manner out of harmony with the law) because the change was permitted by law to be retroactive.89
121. This finding applied to the 1991 Amendments identified by the district court – the
reduction in the rate of benefit accruals from 2 ½% to 2%, increasing the retirement age from 63
years to 65 years, and eliminating the Social Security offset.90
122. We question whether the amendment increasing the retirement age from 63 to 65
is TRA-related. At trial, Plaintiffs’ expert Ian Altman admitted the increase in normal retirement
age from 63 to 65 was not a requirement of the TRA.
Q. Was Allstate Pension Plan required under TRA ’86 to increase the normal retirement age under the Plan from 63 to 65?
A. That was not a requirement of TRA ’86, to increase the retirement age. I have plans that continued with retirement ages younger than 65, but that issue is part of what TRA ’86 addresses, which is how to determine nondiscrimination of benefits payable at retirement that’s outside of the early retirement subsidy area.91
123. When questioned by the Court, Mr. Altman qualified his answer, testifying:
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Court: So, sir, are you saying that the age is within the scope but the early retirement subsidy is not within the scope?
Witness: Very different. The age at which you can commence your full benefit, that is something which is addressed or touched on by TRA ’86. The provision of eight years of additional credit if you retire early, that is not something addressed in TRA ’86.
Court: TRA ’86 specifically talks about raising the retirement age to 65?
Witness: It talks about how to calculate the benefits that you provide to people, normal and early retirement benefits.
Court: It does?
Witness: It does touch on that, yes.
Court: So if it talks about how to calculate benefits for early retirement, why isn’t this within the scope of it?
Witness: Because the subsidy is different. It says nothing about subsidies. This is giving up to eight years of additional credit if you go out early – if you go out in certain provisions, not addressed.
Court: But by raising the age to 65 – I don’t know if this argument was made in other courts - are you then taking away a right, now certain people have to, for early retirement benefits, you now have to wait until age 65?
Witness: If a plan were to make that change, right, they would then need to be careful to protect what everyone had accrued payable at 63. They could not take that away, but going forward they could change it to 65.
Court: So you think that is within the scope but taking away the eight years is outside the scope? Witness: Yes.92
124. Considering Mr. Altman’s testimony, Plaintiffs provide no convincing argument
why we should limit the Court of Appeals’ broad holding in Scott to apply only where
amendments necessary to bring Allstate’s Plan into compliance with TRA ’86, particularly
where the Court of Appeals did not make such a distinction.
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125. Plaintiffs' cases in support of arguing the Plan Amendments must be TRA-related to be permissibly retroactive are distinguishable. For example, Plaintiffs cite Costantino v. TRW. 93 In Costantino, a class of retirees claimed retroactive application of interest rates established by TRA ’86 was unconstitutional. Alternatively, the retirees claimed even if retroactive application of TRA ’86 rates was constitutional, the company, TRW, improperly calculated their benefits in violation of ERISA’s anti-cutback rule, section 204(g). The Court of Appeals for the Sixth Circuit, affirming the district court, found the retroactive application of TRA ’86 interest rates constitutional. The Court of Appeals then turned to the issue of whether TRW’s plan amendment eliminating an early retirement subsidy from the recalculation of lump sum distributions violated section 204(g). The Court of Appeals found retirees – who became eligible for the plan’s early retirement subsidy before the plan amendment - were entitled to both the early retirement subsidy and application of an interest rate provided by TRA ’86.94 The Court of Appeals affirmed the district court’s holding TRW’s plan amendment violated the anticutback rules by eliminating a subsidy for which plaintiffs, who retired before the plan amendment, already qualified.95
126. The passage from Costantino cited by Plaintiffs does not support their argument plan amendments must be TRA-related to be properly retroactive. In the passage cited by Plaintiffs, the Court of Appeals disagreed with TRW’s argument a particular IRS Revenue Ruling allowed, without violating the anti-cutback rules, changes in the actuarial basis used to determine early retirement benefits so long as the change did not decrease an accrued benefit. The Court of Appeals distinguished the Revenue Ruling, finding the plan amendment made by TRW eliminated an accrued early retirement subsidy for participants who already qualified for
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the subsidy pre-amendment, in that case, plaintiff retirees who retired before the plan amendment.96 There is no discussion about TRA-related retroactivity.
127. We find the reasoning of Brody v. Enhance Reinsurance Co. Pension Plan persuasive. 97 There, the district court rejected plaintiff’s argument a safe harbor provision extended only to amendments required by TRA ’86, citing the “plain language” of Notice 88-131 and the Scott decision applying the safe harbor protection of Notice 88-131 to the full plan amendment.98
128. While Plaintiffs cite other authorities reviewing amendments to pension plans from other companies, we are most persuaded by the Court of Appeals' analysis of Allstate's November 1991 amendment in Scott. For the reasons above, we find no material basis to distinguish the Court of Appeals' reasoning.
129. Because we find the 1991 Amendments properly retroactive, we need not decide Plaintiffs’ arguments regarding impermissible freeze on benefits as of December 31, 1988, the adequacy of notice, and Plaintiffs’ argument the November 1991 Amendments are void ab initio.
E. Allstate’s interpretation of the Plan denying the beef-up to all Plaintiffs converting to exclusive agent status is a cutback.99
130. In defense of Plaintiffs’ cutback claims at trial, Allstate argued only the eight Plaintiffs in Group One are eligible for the beef-up but have no claim because the safe harbor protected them from any loss in a beef-up subsidy.
131. Upon review of the trial exhibits, the Group One Plaintiffs, although eligible for the beef-up subsidy, have no claim based on the safe harbor comparisons in Alternatives #1 and #2. Five of the Group One Plaintiffs received less compensation in the last year of service and the remaining three enjoyed greater compensation but the difference did not alter the more attractive subsidy as of December 31, 1988.
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132. But Allstate considers Group Two, Three and Four Plaintiffs who converted to EA and later terminated their services ineligible for the beef-up and cannot have suffered a cutback.
133. At issue are Groups Two, Three, and Four Plaintiffs who had 20 years of continuous service at the time they signed an EA contract (the R3001 contract) as part of the Program.100
134. Group Two Plaintiffs – those that sold their book of business but signed EA contracts for one month - had at least 20 years of continuous service at termination of employment and separation from Allstate through the Program in 2000 and were between age 55 and 63.
135. Group Three Plaintiffs had at least 20 years of continuous service at termination of employment in 2000 when they converted to EA and were between age 55 and 63 at the time they separated from Allstate’s service after 2000.
136. Group Four Plaintiffs are still active EAs and had at least 20 years of continuous service when they converted to EA and are currently between the ages of 55 and 63.
137. Groups Two, Three, and Four Plaintiffs claim they met the 20 years of continuous service at the time they signed an EA contract, and satisfied or may still satisfy the condition of “retiring” when they ceased, or will cease, EA service between age 55 and 63.
138. Allstate argues only participants who became eligible for the beef-up are guaranteed the Section 2.3(C) safe harbor provision; because all but eight (Group One) of the 118 Plaintiffs asserting Count VIII anti-cutback claims converted to EA, not one is eligible or can become eligible for the beef up; and all Plaintiffs (except for the eight Group One Plaintiffs) asserting cutback claims lack standing because under Allstate’s interpretation of the Plan,
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participants who converted to EA contracts are ineligible for the beef-up because they can neither retire under Section 2.3 nor qualify under Allstate’s voluntary early retirement policy. 101
139. Section 2.3(A) provided the early retirement beef-up benefit: “If an Agent shall retire prior to his Normal Retirement Date after having attained age 55 and, at his actual retirement date, having completed 20 years of continuous service with the Employers and controlled group members, and in accordance with the Company’s voluntary early retirement policy, he shall become entitled to receive Retirement Pay commencing on the first day of the month next following his actual retirement date.”102
Allstate’s interpretation of “retire” is a cutback. 140. Because Allstate considers Plaintiffs in Groups Two and Three eligible for the benefits under Section 2.4, but not Section 2.3 providing for the beef-up, none of the Plaintiffs in Groups Two or Three have the benefit of the Alternative #1 calculation provided by the safe harbor provision in the amended Plan.103 141. For example, Andrew Blanchette is a Plaintiff in Group Two. Mr. Blanchette’s last day of employment was June 30, 2000, at age 56 with 29.6 years of continuous service.104 In June 2000, the beef-up had already been eliminated, but Allstate does not consider Mr. Blanchette eligible for the beef-up because he signed an EA contract and, in fact, calculated his pension benefit assuming he converted to “Independent Contractor status.”105 Allstate calculated Mr. Blanchette’s accrued benefit as of a November 1, 2008 Normal Retirement Date.106 Allstate did not calculate the beef-up benefit (also called the “VER Benefit” or “voluntary early benefit”) as of December 31, 1988 – the calculation under Alternative #1 – because it considered him “Not Eligible.”107
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142. Wallace Berry is a Plaintiff in Group Three. Mr. Berry’s last day of employment was June 30, 2000, with 22.6 years of continuous vesting service. Mr. Berry converted to EA and terminated his EA contract on January 1, 2003 at age 55.108 As with Mr. Blanchette, Allstate eliminated the beef-up as of December 31, 1999, and, in any event, Allstate does not consider Mr. Berry eligible for the beef-up because he signed an EA contract. Allstate calculated Mr. Berry’s pension benefit assuming he converted to “Independent Contractor status” as of November 1, 2012 Normal Retirement Date, the first day of the month after his 65th birthday.109 Allstate did not calculate the beef-up benefit as of December 31, 1988 – the calculation under Alternative #1 – because it considered him “Not Eligible.”110
143. Consistent with ERISA’s goal of protecting retirement benefits, our Court of Appeals takes a broad view of what constitutes an amendment to a pension plan. 111 "An erroneous interpretation of a plan provision that results in the improper denial of benefits to a plan participant may be construed as an 'amendment' for the purposes of § 1054(g)."112
144. In Cottillion, the plaintiff left his job at the defendant company after benefits vested under the company’s 1980 plan but not yet old enough to receive benefits. The company advised plaintiff of his eligibility for a deferred retirement benefit at any time after turning age 60. The company calculated his monthly retirement benefit at age 60, but failed to state the amount of plaintiff’s benefit depended on whether he elected to receive it at age 60 or later.113 Years later, after plaintiff began receiving benefits, the company amended the plan including a provision actuarially reducing benefits taken before age 65. 114 The company then advised plaintiff pension benefits paid to him before age 65 must be actuarially reduced to the earlier payment date, eliminated his pension benefit, and requested he make payment to the Plan in the amount exceeding the actuarially reduced benefit.115
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145. Plaintiff and other employees sued the company, alleging a denial of benefits under ERISA section 502(1)(1)(B), 29 U.S.C. § 1132(a)(1)(B) and ERISA section 204(g) anticutback rule.116 Our Court of Appeals concluded the pre-amended plans and the company’s early interpretations of the plans entitled employees a benefit without actuarial reduction for years taken before age 65.117 The court found the company’s later, second interpretation requiring actuarial reduction conflicted with the plain meaning of the plans and denied benefits in violation of section 502(a)(1)(B) notwithstanding the plan administrator’s discretion in interpreting the plan.118 Significantly, the court found the company’s second interpretation also violated ERISA’s anti-cutback rule, citing its decisions in Battoni and Hein for the court’s broad view of “amendments” to a pension plan.119 The court identified the “critical question in this case, in light of the absence of a formal plan amendment, is whether [the plan administrator’s] ‘interpretation of the Plan improperly denied accrued benefits to’ the Employees,” and found it did.120
146. Following Cottillion’s paradigm, we begin our analysis with the language of the Allstate Plan itself. Our Court of Appeals directs only the words of a plan itself can create an entitlement to benefits and we are required to enforce the plan as written unless we can find a provision of ERISA containing a contrary directive.121
147. The parties agree as of 1989 the Plan did not define the terms “retire” or “retirement.”122
148. Allstate’s Administrative Committee is the “named fiduciary” of the Plan and is charged with administering the plan, and has the “exclusive right to interpret the terms and provisions of the Plan and to determine any and all questions arising” under the Plan.123
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149. On September 14, 1992, Allstate’s Administrative Committee adopted Administrative Rule 28 “to define and interpret the terms retire and retirement for the purpose of eligibility for retirement benefits under Sections 2.1, 2.2 and 2.3 of the Plan” determining:
a. “An Agent shall be considered to have retired for purposes of Sections 2.1., 2.2 and 2.3 of the Plan only if he has incurred both a termination of employment and a separation from the service.”
b. “An Agent shall be considered to have incurred a termination of employment for purposes of this Administrative Rule #28 if he is no longer an employee of either an Employer . . . or a controlled group member . . .”
c. “An Agent shall be considered to have incurred a separation from the service for purposes of this Administrative Rule #28 if his termination of employment constituted a separation from the service under Section 402 of the Internal Revenue Code, as in effect on (and subject to the rulings and interpretations make prior to) the date of this Administrative Rule #28.”124
d. “An Agent who converts to Independent Contractor/Exclusive Agent status has incurred a termination of employment, but has not incurred a separation from the service. Therefore, such an Agent shall not be considered to have retired for purposes of Sections 2.1, 2.2 and 2.3 of the Plan, and his benefits shall be computed under Section 2.4 of the Plan.”125
150. Under Administrative Rule 28, Allstate considers an agent to have “retired” for purposes of Section 2.3 only if he simultaneously incurs both a termination of employment and a separation from service and, an agent who converts to EA incurs a termination of employment, but not a separation from service and is not considered “retired” for purposes of beef-up eligibility under Section 2.3 and instead receives benefits under Section 2.4 of the Plan.
151. By comparison, Section 2.4, “Upon Termination Before Normal Retirement,” provides: “An Agent whose employment terminates before Normal Retirement Date for reasons other than death, and who does not qualify for Early Retirement under the provisions of Section 2.3 . . . shall be entitled at his Normal Retirement Date to begin receiving his accumulated
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Retirement Pay determined as of the date of the Agent’s termination . . .” without a beef-up.126 Eligibility for “deferred Retirement Pay” under Section 2.4(A) is determined by Section 2.4(B).
152. Under Section 2.4(A), an agent whose employment terminates – and Administrative Rule 28 determined an agent who converted to EA incurred a termination of employment – before the Normal Retirement Date does not qualify for the early retirement beefup benefit in Section 2.3, but may begin receiving his retirement benefit at the Normal Retirement Date.
153. Under Section 2.4(B), an agent with 20 years of credited service at the date of termination and age 55 or older became eligible for a “deferred Retirement Allowance” under Section 2.4(A). Then, the agent could begin his Section 2.4(A) benefit (essentially his normal retirement benefit) at age 55, subject to reduction for each year prior to the Normal Retirement Date.127 Again, no beef-up is provided under Section 2.4.
154. Plaintiffs argue because Administrative Rule 28’s defined the terms "retire" and "retirement" to mean an employee agent who converted to EA status incurs a termination of employment, but not a separation from service and cannot have "retired" for purposes of beef-up eligibility, it necessarily follows an EA “retires” when he separates from Allstate’s service at the termination of the EA contract. At that point, the EA becomes eligible for the beef-up benefit providing he met the age and service requirements. Any other interpretation, Plaintiffs argue, is inconsistent with the Plan.
155. Allstate disagrees. It argues a participant who converts to EA, by definition, cannot “retire” as an employee under Section 2.3 and “that always has been the rule and interpretation,” citing Administrative Rule 28 and other internal Allstate documents and notices.128
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156. For example, an Allstate June 1990 memo to Regional Human Resource Managers regarding EA benefits contained a section entitled “Agent Pension Plan Clarification.”129 The section stated:
Agents who qualify for early retirement at the time they convert to the EA program will be eligible to receive their deferred early retirement pension benefit when they terminate their EA agreement if under age 63. This benefit will be reduced from age 63 to the agent’s age at EA contract termination date. These agents will not be eligible for the “beef up” provision as provided in The Agents Pension Plan booklet at page 6. The “beef up” was designed as an incentive to get people to retire early and is made solely at the Company’s discretion. Since the EA program was designed strictly for those agents who intend to continue a business relationship with the company, the “beef-up” provision is not applicable.130
157. In another example, Allstate cites to a notice, dated February 18, 1992, regarding Plan benefits upon conversion to EA status.131 The notice states conversion to EA “does not constitute a retirement from the service of Allstate under the Plan or Allstate’s voluntary retirement policy” and advises, upon conversion to EA, a participant will not accrue further pension benefits under the Plan, the participant’s accrued benefit will not earn interest, the participant is not eligible for the beef-up benefit, the accrued benefit will be calculated on the day of conversion to EA, and the accrued benefit will be payable under three conditions.132
158. Allstate additionally argues courts have agreed with its interpretation EAs are never eligible for the beef-up, citing the district court’s opinion in Scott and Sharp v. Allstate Ins. Co.133 We disagree.
159. First, Plaintiffs do not argue Administrative Rule 28 itself is an improper interpretation creating a cutback. Plaintiffs contend Allstate’s interpretation is a cutback because it denied beef-up eligibility to EAs who ended their EA contracts and later incurred a separation from service. Administrative Rule 28 is not ambiguous. It does not cutback; rather it finally
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defines “retire” to mean a termination of employment and a separation of service. Nothing in Administrative Rule 28 requires these distinct events happen simultaneously.
160. Second, neither the district court in Scott nor the Court of Appeals for the Sixth Circuit in Sharp considered the issue of separation of service at the time an EA contract eventually ended. In Scott, the court found the Administrative Committee acted in good faith in determining those who converted to EA were not retiring, and therefore not entitled to the beefup. We agree. The issue in Scott was beef-up eligibility at the time of conversion to EA, not when the EA contract ended. Scott elected to become an EA in August 1992.134 The district court identified the issue as “whether his conversion to that status constituted an ‘early retirement’ under the plan thereby entitling him to the so-called ‘beef-up’ benefit.”135 The district court noted Allstate paid Scott a lump sum benefit at conversion from employee agent to EA status because conversion to EA constituted a termination but not a separation from the service of Allstate and not a “retirement” for purposes of the beef-up.136
161. There were no anti-cutback claims in Sharp. Instead, the court of appeals affirmed the district court’s entry of summary judgment in Allstate’s favor on Sharp’s age discrimination, constructive discharge, and ERISA retaliation claims. Sharp voluntarily converted to EA in 1990. He was given the option to convert to EA; continue to work at his current job; or retire and accept early retirement benefits. At the time Sharp entered into the EA agreement, he met the qualifications for early retirement which the court of appeals, interestingly, found only to be “attainment of 55 years of age and 20 years of continual service in the company.”137 Allstate told Sharp he could begin to receive retirement benefits only if he terminated his employment with the company and did not enter into an EA agreement and, further, “upon entering into the [EA] contract, his pension benefits under the Plan would cease to accrue, and he could not collect the
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past benefits until he retired. Thus, he would have to wait until he actually terminated his working relationship with Allstate before he could obtain a distribution of benefits.”138
162. While Sharp is factually inapposite, we find it is consistent with a finding those who qualified for early retirement benefits at the time of EA conversion could not receive benefits at the point of conversion, but could later receive such benefits at the time the EA relationship ended assuming they met the age and service requirements.
163. Allstate’s interpretation the word “retire” in Section 2.3 (A), compounded by its interpretation of “retire” in Administrative Rule 28 adds language not in the Plan or the Administrative Rule so as to cutback on EAs who do not simultaneously convert to EA and immediate terminate service for Allstate. Specifically, Allstate prejudicially reads its Administrative Rule 28 to include an immediate simultaneous conversion and termination by inserting the word “simultaneously” in its definition of “retire” for purposes of the early retirement beef-up subsidy under Section 2.3 but not for the early retirement benefits under Section 2.4 (B). If we were to accept Allstate’s interpretation of “retire” for Section 2.3 beef up subsidy, we would need to add the word “simultaneously” as noted in bold below:
An Agent shall be considered to have retired for purposes of Sections 2.1, 2.2 and 2.3 of the Plan only if he has [simultaneously] incurred both a termination of employment and a separation from the service. 164. We decline to accept Allstate’s interpretation adding words to the Plan and its internal interpretation of “retire” to meet its present argument. We are required to enforce the Plan as written unless we can find a provision in ERISA containing a contrary directive.139 Allstate offers no evidence of Plan language or interpretation allowing it to insert a temporal mandate allowing beef up subsidy for only those who simultaneously convert to EA and leave Allstate’s service.
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165. A more faithful reading of the Plan and Allstate’s Administrative Rule 28 requires we interpret the words as written and allow Agents who convert to EA status (i.e. terminate) and who later separate from service as EAs to have the benefit of the safe harbor of Section 2.3 (C). Allstate’s interpretation of its Plan resulted in the improper denial of the benefit and violation of the anti-cutback rule of Section 204(g).140
166. While we have no present evidence of whether any Group Two, Three or Four Plaintiff (all of whom elected EA status and later separated from service) would benefit with the comparative calculations in Alternatives #1 and #2, we must allow these Agents the same safe harbor afforded to those in Group One.
Allstate’s voluntary early retirement policy does not preclude safe harbor eligibility. 167. Allstate further argues retiring “in accordance with the Company’s voluntary
early retirement policy” is an independent eligibility requirement for Section 2.3(A).141 Citing the district court’s decision in Scott, Allstate asserts there are four conditions to beef-up eligibility: retirement before age 63; attaining age 55; completing 20 years of continuous service; and retire “in accordance with the Company’s voluntary early retirement policy.”142 We find the district court’s factual finding in Scott distinguishable. While it articulated four conditions for beef-up eligibility, the court in Scott did not determine what Allstate’s “voluntary early retirement policy” actually is.
168. In a circuitous argument, Allstate explains its voluntary early retirement policy requires “an employee must, among other things, (i) be at least 55 years of age, (ii) have at least 20 years of continuous service with Allstate, and (iii) voluntarily retire from Allstate,” citing Scott. The age and service factors are clear, but what about the requirement an employee must “voluntarily retire from Allstate”? We cannot find evidence of what Allstate’s “voluntary early
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retirement policy” means other than “retiring” as defined in Administrative Rule 28 and satisfying the age and service requirements in the Plan.
169. Plaintiffs contend reference to retiring "in accordance with the Company's voluntary early retirement policy" in Section 2.3(A) did not create an independent or additional eligibility requirement, but only meant separating from Allstate's service between the ages of 55 and 63 with at least 20 years of continuous service.
170. Plaintiffs argue neither the pre-amended nor post-amended Plan includes any language suggesting retiring “in accordance with the Company’s voluntary early retirement policy” meant anything other than separating from service at the age of at least 55, prior to the normal retirement date, with at least 20 years of continuous service.
171. Plaintiffs argue ERISA’s anti-cutback rule prohibits the imposition of new conditions or restrictions on a participant’s protected benefits and Allstate cannot use its “voluntary early retirement policy” to deny the beef-up benefit to any eligible participant upon retiring from Allstate’s service as an EA. Plaintiffs in Groups Two, Three, and Four claim they are entitled to the beef-up at the time their EA contracts ended or, in the case of Group Four, will end at some time in the future.
172. Allstate has not shown an evidentiary basis for us to find a voluntary early retirement policy bars eligibility for the safe harbor under Section 2.3 (C). There are inconsistences regarding whether a specific document defines Allstate's "voluntary early retirement" policy. Allstate's witness Mario Rizzo testified he has not seen a specific document setting out Allstate's "voluntary early retirement policy" referred to in Section 2.3(A). Rizzo testified his understanding of the voluntary early retirement policy in 1989 or 1990 is attaining age 55 with 20 years of continuous service.143
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173. Plaintiffs cite Allstate's 1991 Human Resource Policy Manual containing a section entitled "Retirement Policies." A subsection of "Retirement Policies" is "Voluntary Retirement" which in turn contains a heading in bold face "20 Years of Continuous Service and Age 55" providing "An employee who has 20 or more years of continuous service may request early retirement at any time after reaching age 55." 144
174. Plaintiffs also point to an Allstate document entitled “Agents Pension Plan Important Points” prepared by Mario Rizzo. 145 The document contains a page entitled “Retirement” providing, in relevant part:
The following points regarding retirement from Allstate, retiree benefits, and converting to NEA must be understood:
. . . ● The Agents Pension Plan will distribute vested benefits to agents in accordance with plan provisions. If agents convert to the NEA program, the following will apply: - They will be eligible to receive their pension benefit on the earlier of the
following: Termination of their R3001 agreement and qualifying for normal or early retirement, or On April 1 following the calendar year they reach age 70 ½.
- They will not be eligible for an early retirement benefit while the R3001 agreement is in effect.
- Their years of service under the R3001 contract will not count towards their pension benefit.146
175. Consistent with the document he prepared, Mr. Rizzo testified specifically to the bolded language and items in “dashed points”:
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Q. And the first one [dash point], which is prefaced by the language, “If agents convert to the NEA program, the following will apply.” It says, “They will be eligible to receive their pension benefit on the earlier of the following,” and the first is “termination of their R3001 agreement and qualifying for normal or early retirement.” Do you see that?
A. Yes.
Q. If an agent converted to the R3001 and then sometime later stopped service, is it correct that they could still qualify for early retirement?
A. If an agent had met the service requirements prior to converting and then terminated their – their R3001 agreement and had 20 years of service, they would have qualified for payment of their benefit at early retirement.147
176. When questioned about the eligibility requirements of Section 2.3(A) – the beefup provision – in the 1989 Agents Pension Plan,148 with particular regard to EAs who ended their
R3001 contract, Mr. Rizzo testified:
Q. So are you saying that if an employee-agent had attained age 55 and at least 20 years of continuous service, then converted after reaching that and two years later, for instance, left the R3001 contract, that the person could still get the early retirement benefit?
A. They would have been entitled to payment of their - - of their early - - of their retirement ben – their early retirement benefit at that point.
. . .
Q. Okay. So where it says “at his actual retirement date,” is that referring to the date of conversion or the date of leaving the service of the - - Allstate entirely, including under the EA contract?
A. My understanding is that they would refer to the date that they’re actually terminating - - their actual retirement date is the date that they’re terminating their R3001 agreement. Because prior to that, during the period of time that they were an R3001 agent, they hadn’t yet separated from service from Allstate.
Q. So the reference to 20 years of continuous service would be a reference to the 20 years of continuous service while the agent was an employee-agent?
A. Yes.
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Q. And the requirement of 20 years of continuous service did not have to encompass the period of while he was an R3001 agent?
A. Service - - the period of time as an R3001 agent would not have been considered service for purposes of the pension plan, because the agent wasn’t an employee.
Q. Okay. But then the employee – the agent would not have had 20 years of continuous service at his actual retirement date. Is that correct?
A. The agent would have had to have had 20 years of continuous service at the point of conversion.149
177. Rizzo testified EAs “retire” upon “terminating their R3001 agreement” and a
document he prepared states agents converting to EA will be eligible to receive pension benefits
on the earlier of termination of their EA contract (the R3001 agreement) and qualifying for
normal or early retirement or April 1 following the calendar year they reach age 70 ½ and is
contrasted with the warning agents converting to EA will not be eligible for an early retirement
benefit while the R3001 agreement is in effect.
178. In 1994, Allstate amended its Plan and included an “Appendix A” stating, in the
first line, “an employee who has 20 or more year of continuous service may request early retirement at any time after reaching age 55.”150 Appendix A further states:
The purpose of the Voluntary Early Retirement policy, since its inception in the early 1970’s, has been to provide a financial enhancement to long-service employees who wish to cease accepting responsibilities, or performing duties or services, for the Company substantially similar to the responsibilities that the individual had accepted, or the duties or services that the individual had performed, prior to terminating employment with the Company before reaching normal retirement age. Consequently, the request of an employee for Voluntary Early Retirement will be denied if, at the time of terminating employment and applying for Voluntary Early Retirement, the employee enters into an agreement with the Company pursuant to which he or she will continue to receive, directly or indirectly, compensation from the Company for accepting responsibilities, or performing duties or services, substantially similar to the responsibilities that the individual had accepted, or the duties or services that the individual had performed for the Company, prior to terminating employment with the Company.151
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179. We find this Appendix further evidences Allstate’s “voluntary early retirement policy” requires an employee who has 20 years of service at age 55 to “retire” as construed by Administrative Rule 28 by terminating employment, but leaves open the issue of EAs who separate from service when the EA contract ends.
180. Based on our evaluation of the evidence and credibility of witnesses, we find Allstate’s interpretation of the Plan to deny beef-up eligibility to EAs who had 20 years of service at the time they signed EA contracts and who later ceased EA service at the age of at least 55, but less than age 63, is a cutback. Allstate’s Administrative Committee interpreted the term “retire” to mean both a termination of employment and separation from service regardless of when these distinct events occurred. When Plaintiffs converted to EA with 20 years of continuous service and then separated from Allstate’s service at the termination of their EA contracts having reached age 55, but less than 63, they “retired” and became eligible for the beefup.
181. In the accompanying Order, we require Allstate and the Plaintiffs calculate Alternative #1 (the beef-up benefit as of December 31, 1988) for all EAs in Groups Two, Three, and Four. Based on Plaintiffs’ exemplars at trial, it appears likely after Allstate calculates Alternative #1 and compares it to Alternative #2, some, if not all, Plaintiffs received, or will receive, a greater benefit under Alternative #2. As we found earlier, the 1991 Amendments retroactive to January 1, 1989 do not create a cutback.
IV. Conclusion
Following trial, we find Allstate’s 1991 Amendments, with a safe harbor, do not improperly cutback on benefits. But Allstate’s interpretation of “retire” acts as a cutback for certain Group Two, Three and Four Plaintiffs who converted to exclusive agent status with 20
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years of continuous service and then later separated from Allstate’s service upon terminating their exclusive agent status between the ages of 55 and 63. These Plaintiffs are entitled to the protections of the safe harbor and now entitled to know whether they would have received the benefit of their early retirement subsidy as of December 31, 1988. We require the prompt disclosure of this relatively straightforward calculation as this determination must precede the individual trials. We need to know if a Group Two, Three or Four Plaintiff has a loss based on a cutback claim, and for how much, before setting case management for resolving the individual issues.152
1 29 U.S.C. § 1001 et seq. 2 Scott v. Admin. Comm.of the Allstate Agents Pension Plan, 113 F.3d 1193 (11th Cir. 1997). 3 May 2, 2016 Consolidation Order (ECF Doc. No. 851). 4 29 U.S.C. § 621, et seq. 5 29 U.S.C. § 1054(g). 6 29 U.S.C. § 1140. 7 May 2, 2016 Scheduling Order (ECF Doc. No. 852). Plaintiffs filed their Complaint on May 20, 2016 (ECF Doc. No. 864). Allstate subsequently filed a motion for summary judgment on Plaintiffs’ ERISA anti-cutback claims and breach of fiduciary duty claim. Following oral argument, we granted summary judgment in Allstate’s favor on the breach of fiduciary duty claim (Count X). We also granted Allstate’s motion for summary judgment as to any argument the 1993 Plan amendment to the term “Credited Service” constitutes a violation of ERISA’s anticutback provision and denied Allstate’s motion on Plaintiffs’ alternative claim they are employees, not independent contractors, to be resolved in later individual proceedings under the varying state laws (Count IX). We denied Allstate’s motion as to Plaintiffs’ anti-cutback claim relating to the elimination of the early retirement beef-up subsidy (Count VIII). See November 22, 2016 Memorandum and Order (ECF Doc. No. 960, 961). After our summary judgment order, the only claim at the Phase I trial is whether Allstate violated ERISA’s anti-cutback provision by eliminating the beef-up subsidy (Count VIII).
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8 See Amended Notice of Plaintiffs at Issue in the Phase I Trial Beginning December 2, 2016 (ECF Doc. No. 971). 9 Stipulated Facts for the December 2016 Phase I Trial at ¶¶ 5, 12 (ECF Doc. No. 972) (“Stipulation”). 10 Id. at ¶ 6. Employee contracts were known as either R830 or R1500 Agreements. There is no dispute these Agreements are employee contracts and all Plaintiffs in the consolidated actions were, at some point, employees of Allstate under an R830 or R1500 Agreement. Id. at ¶¶ 7-9. 11 Id. at ¶ 8. 12 1989 Plan at ¶¶ 1.1(B), 1.2 (Joint Exhibit (“JX.”) 22). The Plan defines “Agent” as “any employee who is classified as an Agent under the Company’s human resources policy.” Id. at ¶ 9.2. 13 Stipulation at ¶ 14. 14 1989 Plan at § 4.1(A). 15 1989 Plan at § 4.1(A), (B). 16 1989 Plan at §§ 2.1, 2.2, 2.3, 2.4. 17 The 1989 Plan defines “Normal Retirement Date” as the “last day of the month coincident with or next following the date an Agent attains age 63 years (his “normal retirement age”).” See 1989 Plan at § 9.9. Section 9.14 of the 1989 Plan defines “Retirement Pay” as “an annual amount payable for the lifetime of the retired Agent entitled thereto.” Id. at § 9.14. 18 1989 Plan at § 2.3(A). 19 1989 Plan at § 2.3(A). 20 Stipulation at ¶¶ 23, 24. 21 EAs entered agreements with Allstate known as R3000 or R3001 Agreements. Stipulation at ¶ 10. 22 Stipulation at ¶ 10. 23 Scott v. Admin. Comm. of the Allstate Agents Pension Plan, 113 F.3d 1193, 1195 (11th Cir. 1997) (footnote omitted). 24 Stipulation at ¶ 29.
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25 Id. at ¶ 31. 26 Id. at ¶ 32. 27 JX 100; Notice 88-131, 1988-2 C.B. 546, 1988 WL 561201 (Dec. 13, 1988) (“Notice 88131”). 28 Id., 1988 WL 561201 at *1. 29 Id. 30 Id. 31 Id. 32 Id. 33 Id. at *2. 34 Id. at *4. 35 Scott, 113 F.3d at 1196 (footnote omitted). In Scott, the Court of Appeals for the Eleventh Circuit explained the use of the term “freeze” and “frozen” are “somewhat of a misnomer” because “benefit accruals after December 31, 1988, were not ‘frozen’ in the sense of total cessation. Rather, benefit accruals would continue pursuant to the new formula to be set out in the subsequent amendments in compliance with the IRS guidelines to be promulgated. The new formula was permitted to be retroactive.” Id. at 1196, n.6. 36 Notice 88-131, 1988 WL 561201 at *4. 37 Scott, 113 F.3d at 1196, n. 8 (citing Notice 88-131). 38 JX 29 at ARI 320258. 39 Notice 88-131, 1988 WL 561201 at *5. 40 Id. at *10. 41 JX 26 (emphasis in original). 42 Rev.Proc. 89-65, 1989-2 C.B. 786, 1989 WL 519075 (Nov. 21, 1989) (“Rev. Pro. 89-65”). 43 Rev. Pro. 89-65, 1989 WL 519075 at *1. 44 Rev. Pro. 89-65, 1989 WL 519075 at *5; Scott, 113 F.3d at 1196.
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45 JX 53, 54. 46 JX 37. 47 JX 56. 48 JX 59. 49 JX 101; Notice 90-73, 1990-2 C.B. 353, 1990 WL 690002 (Nov. 30, 1990). 50 JX 102; Notice 92-36, 1992-2 C.B. 36, 1992 WL 189314 (Aug. 7, 1992). 51 JX 71. 52 Scott, 113 F.3d at 1199. 53 JX 63. 54 Id. at ARI 306413. 55 JX 76. 56 Id. at § 2.3(A). 57 Id. at § 2.3(C). 58 Stipulation at ¶ 39. 59 Id. at ¶¶ 40-42. 60 Id. at ¶¶ 43-45. 61 Id. at ¶ 11. Under the Program, Allstate intended to terminate all R830 and R1500 employee contracts. 62 Id. 63 Amended Notice of Plaintiffs at issue in the Phase I Trial Beginning December 2, 2016 (ECF Doc. No. 971). 64 JX 374. 65 Id.
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66 Exhibits JX 249 (Brown), 262 (Flood), 289 (O’Connor), 290 (Pigg), 297 (Sand), 304 (Stedman), 315 (Williams), and 320 (Sherman).
67 Id.
68 See Conclusions of Law at ¶¶ 139-165.
69 Einhorn v. M.L. Ruberton Const. Co., 632 F.3d 89, 98 (3d Cir. 2011) (quoting IUE AFL-CIO Pension Fund v. Barker & Williamson, Inc., 788 F.2d 118, 127 (3d Cir. 1986)).
70 Bellas v. CBS, Inc., 221 F.3d 517, 522 (3d Cir. 2000) (citations omitted).
71 29 U.S.C. § 1054(g).
72 Battoni v. IBEW Local Union No. 102 Employee Pension Plan, 594 F.3d 230, 233 (3d Cir. 2010) (citation omitted).
73 Cottillion v. United Refining Co., 781 F.3d 47, 57-58 (3d Cir. 2015) (quoting Bellas, 221 F.3d at 524) (footnote omitted).
74 Bellas, 221 F.3d at 524 (citations omitted).
75 Bellas, 221 F.3d at 524 (citing Dade v. N. Am. Philips Corp., 68 F.3d 1558, 1562 (3d Cir. 1995)). See also, Alcantara v. Bakery and Confectionery Union and Industry Int’l Pension Fund Pension Plan, 751 F.3d 71, 78 (2nd Cir. 2014) (joining other circuits in recognizing a participant may “grow into” eligibility for retirement-type subsidy benefit under anti-cutback rule by satisfying eligibility requirements after amendment date); Ahng v. Allsteel, Inc., 96 F.3d 1033, 1036-37 (7th Cir. 1996) (employees who satisfy, either before or after the plan amendment, relevant eligibility requirements in place at the time of the amendment state a claim under section 204(g)).
76 Bellas, 221 F.3d at 524.
77 29 U.S.C. § 1054(g)(2).
78 “Regulations prescribed by the Secretary of the Treasury under section [ ] . . . 411 . . . of Title 26 [of the Internal Revenue Code] . . . shall also apply to the minimum participation, vesting, and funding standards set forth in [ERISA]” and section 411(d)(6) of the Internal Revenue code and section 204(g) of ERISA “are meant to be interpreted consistently.” Bellas, 221 F.3d at 523, n.3 (citing 29 U.S.C. § 1202(c)). See also Central Laborers’ Pension Fund v. Heinz, 541 U.S. 739, 746-747 (2004) (the anti-cutback rule of ERISA §204(g) “show[s] up in substantially identical form as 26 U.S.C. § 411(d)(6)”) (footnote omitted); Battoni, 594 F.3d at 236, n.4 (citing Bellas); Alcantara, 751 F.3d at 76, n. 2 (under regulations issued by Secretary of Labor, IRS regulations are applicable to the interpretation of ERISA section 204).
79 26 C.F.R. § 1.411(d)-3(a)(1) (emphasis added).
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80 26 C.F.R. § 1.411(d)-3(g)(14) (emphasis added). 81 26 C.F.R. § 1.411(d)-3(g)(15) (emphasis added). 82 26 C.F.R. § 1.411(d)-3(a)(4) (Example 1) (emphasis added). 83 Id. (Example 2). 84 Scott, 113 F.3d at 1199. In Scott, Allstate contended its October 1990 Resolution constituted a Plan amendment. The district court found, as a matter of fact and law, Allstate’s October 1990 Resolution did not constitute an amendment of the Plan, a finding affirmed by the Court of Appeals. 85 Heinz, 541 U.S. at 747 (quoting 26 C.F.R. § 1.411(d)-4, A-2(a)(1)). 86 See Findings of Fact at ¶¶ 16-44. 87 Scott, 113 F.3d at 1201. 88 Id. 89 Scott, 113 F.3d at 1202-1203 (footnotes omitted). 90 Scott v. Admin. Comm. of the Allstate Agents Pension Plan, No. 93-1419, 1995 WL 661096, *7 (M.D. Fla. Sept. 15, 1995). 91 Trial Testimony, December 5, 2016, at pp. 149-150 (ECF Doc. No. 1074). 92 Id. at pp. 150-151. 93 13 F.3d 969 (6th Cir. 1994). 94 Id. at 978. 95 Id. 96 Id. 97 No. 00-9660, 2003 WL 1213084 (S.D.N.Y. Mar. 17, 2003). 98 Id. at *14. 99 All 118 Plaintiffs assert cutback claims in Count VIII. A defense asserted by Allstate to the cutback claims is ineligibility for the beef-up.
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100 Having completed 20 years of continuous service at the time Plaintiffs signed an EA contract in 2000 is important because these Plaintiffs need not show their service as EA should count toward the years of service requirement necessary for beef-up eligibility, a showing dependent on resolving the question of whether EAs are common law employees instead of independent contractors to be determined in later, individual proceedings. 101 See Allstate’s Proposed Findings of Fact at ¶ ¶ 78, 106 and Conclusions of Law at ¶ 173 (ECF Doc. No. 982). 102 JX 22 at ¶ 2.3(A) (1989 Plan); JX 76 at ¶ 2.3(A) (1991 Amendment) (emphasis added). 103 This applies to Plaintiffs in Group Four who are currently active EAs. 104 JX 240. 105 Id. 106 Id. Under Section 2.4(B) of the amended Plan, Blanchette having completed 20 years of service and attained age 55 became “entitled to request that the Administrative Committee commence his Retirement Allowance on the first day of any month thereafter prior to his Normal Retirement Date.” See JX 76, 1991 Amendments at § 2.4(B). Allstate calculated his accrued benefit as of a November 1, 2008 Normal Retirement Date, the first day of the month after Blanchette reached age 65, the amended normal retirement age. 107 JX 240 at ARI 396112, ARI 396113. 108 JX 239; 374. 109 JX 239. 110 Id. at ARI 396953 111 Cottillion, 781 F.3d at 58 (quoting Battoni, 594 F.3d at 234). 112 Id. (quoting Hein v. F.D.I.C., 88 F.3d 210, 216 (3d Cir.1996)) (footnote omitted). 113 Cottillion, 781 F.3d at 51. 114 Id. 115 Id. at 52. 116 Id. at 53. ERISA § 502(a)(1)(B) permits a civil action by plan participant or beneficiary to “recover benefits due to him under the terms of his plan, to enforce his rights under the terms of
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the plan, or to clarify his rights to future benefits under the terms of the plan.” 29 U.S.C. § 1132(a)(1)(B). 117Cottillion, 781 F.3d at 57. 118 Id. (citing Epright v. Envtl. Res. Mgmt., Inc. Health & Welfare Plan, 81 F.3d 335, 342-43 (3d Cir. 1996)). 119 Id. at 57-58. 120 Id. at 58. 121 Hein, 88 F.3d at 215 (citing Dade, 68 F.3d at 1562). 122 Stipulation at ¶ 26. 123 See Stipulation at ¶ 4; 1989 Plan at §4.1(A)(B). 124 Section 402 of the Internal Revenue Code defines “separation from service” as “only upon the employee’s death, retirement, resignation, or discharge, and not when the employee continues in the same job for a different employer as a result of liquidation, merger, consolidation, etc. of the former employer.” Gillis v. Hoechst Celanese Corp., 4 F.3d 1137, 1146 (3d Cir. 1993) (quoting Internal Revenue Service Revenue Rulings). 125 JX 108. 126 JX 22, 1989 Plan at § 2.4(A)(1); JX 76, November 1991 Amendments at § 2.4(A)(1). 127 JX 76 at § 2.4(B). 128 See Allstate’s Response at p. 4 (ECF Doc. No. 988) citing JX 58, 93, 109, 148. 129 JX 58. 130 Id. at ARI 325209 (emphasis added). 131 JX 93. 132 Id. at ¶¶ 1-5. 133 100 F.3d 957 (6th Cir. 1996). 134 Scott, 1995 WL 661096 at * 2. 135 Id. (emphasis added).
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136 Id. at n. 1. 137 Sharp, 100 F.3d at *1. 138 Id. (emphasis added). The passage of Sharp in the parenthetical quoted by Allstate relates to the issue of constructive discharge. See Allstate Proposed Conclusions of Law at ¶ 136. 139 Hein, 88 F.3d at 215 (citing Dade, 68 F.3d at 1562). 140 Cottillion, 781 F.3d at 57-58. 141 Allstate argues because EAs cannot “retire” under Section 2.3, we need not even address the voluntary early retirement policy. 142 Scott, 1995 WL 661096, at *9. 143 Rizzo deposition at pp. 77-78. 144 JX 77. 145 Plaintiffs identify Mr. Rizzo as Allstate’s Senior Vice President and Chief Financial Officer without citation to the record. Mr. Rizzo testified at his September 16, 2016 deposition he began his career at Allstate as an accountant in pension administration, became a senior accountant in the same area at some point before 1995, and then became a supervisor on the Allstate retirement plan administrative team. Rizzo deposition at pp. 10-12. 146 JX 46 (emphasis in original). 147 Rizzo deposition at pp. 140-141 (emphasis added). 148 JX 23 at ARI 311888. The November 1991 Amendments did not change the eligibility requirements in Section 2.3(A). 149 Rizzo deposition at pp. 142-145 (emphasis added). 150 JX 166. 151 Id. (emphasis added). 152 We recognize certain exhibits (out of hundreds) may have described these calculations for one or more exemplars in Groups Two, Three and Four. In an abundance of caution to ensure we address any potential Plaintiff with a cutback claim under this Memorandum and avoid speculation, we direct Plaintiffs to present these calculations which should not be the subject of dispute as to dollars.
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 Case 2:01-cv-03894-MAK Document 1128 Filed 04/27/17 Page 1 of 39

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

ALLSTATE INSURANCE COMPANY, :

et al.,

:

:

Defendants.

:

:

:

:

:

:

CIVIL ACTION
NO. 01-3894
CONSOLIDATED WITH
NO. 01-6764 (Romero II) NO. 03-6872 (Romero III) NO. 15-1017 (McLaughlin) NO. 15-1049 (Abell) NO. 15-1190 (Harris) NO. 15-2602 (Tabor) NO. 15-2961 (Siegfried) NO. 15-3047 (Anzivine)

MEMORANDUM

KEARNEY, J.

April 27, 2017

Employers seeking to transition their sales model to e-commerce and direct sales

supplemented by independent contractors rather than employees must focus their transition plans

on a studied business model. They must ensure the transition is not motivated by either the age or

pension eligibility of their valued employees who will lose their employment with attendant

pension benefits. Employers recognize the likely challenge when an employee loses a job with

ongoing pension accruals but gains the touted independence and increased earnings of an

independent contractor. Federal law has long prohibited employers from contriving an

independent contractor transition to eliminate older employees or stop pension accruals.

Consistent with other federal courts reviewing Allstate Insurance Company’s November 1999

decision to terminate its remaining employee sales agents and offer them independent contractor

status, and for several additional reasons based on Allstate’s overriding and well-documented

need to transition to an internet and direct sales distribution model to align with its long-

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established business goals, we hold there are no genuine issues of material fact and the employee

insurance agents cannot show Allstate decided to terminate its remaining employee agents

regardless of age or pension status to eliminate older sales agents or stop pension accruals. While

Allstate’s November 1999 business decision may have surprised the remaining employee agents

given Allstate’s over nine year fight with third parties to maintain an employee agent status, and

Allstate’s transition may not be a model of employer communications, we find, as a matter of

federal law, there is no evidence its business decision is a pretext to conceal a motivating reason

to discriminate based on age or to eliminate future pension benefits.

I.

Facts1

Allstate Insurance Company sells insurance and related products and services.2 The

Plaintiff insurance agents challenge Allstate’s November 1999 decision to transition over 6,200

employee agents to independent contractor status for alleged business reasons, leaving those

independent contractors without employee benefits including pension and health and welfare

benefits as of June 2000.

A. Allstate transitions retail employee agents to a Neighborhood Office Agent program in 1984.

Before 1984, Allstate sold its insurance products primarily through employee agents in retail stores such as Sears or in Allstate-owned sales offices.3 These employee agents signed an

at-will employment contract known as an R830.

In 1984, Allstate began selling its insurance products through a Neighborhood Office Agent (“NOA”) program.4 Allstate designed the Neighborhood Office Agent program in part to reduce office support costs.5 Allstate introduced the Neighborhood Office Agent program to

respond to flat productivity and to maintain a competitive position in a marketplace which used independent contractor agents.6 By moving agents into neighborhood offices, the agents could

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invest in their insurance business by selecting support staff or expanding advertising with increased management responsibility over their day-to-day business and seeking approved reimbursements from Allstate.7 While the Neighborhood Office Agent program assisted in attempting to meet the competitors’ use of independent agents, Allstate did not offer these Neighborhood Office agents an interest in the book of business.8 Rather, the Neighborhood Office Agent program allowed the Neighborhood Office agents to find their own location, select their own help and have “unlimited income potential.”9 The Neighborhood Office agents leased or secured their location in their own names subject to Allstate’s approval.10 Under this Neighborhood Office Agent program, the employee agents paid for their own operating costs, including rent, utilities, support staff, salaries and benefits, office equipment and supplies, telephone lines and marketing.11
Allstate reimbursed certain expenses from an office expense allowance.12 The Neighborhood Office agents enjoyed discretion to manage office expenses but this expense allowance did not cover some types of office expenses and Allstate became aware many of their Neighborhood Office agents incurred expenses in operating their agencies in excess of their reimbursements.13 Allstate viewed these extra expenses as their Neighborhood Office agents’ investments in the business while reminding them of their employment terminable at will.14 Some agents claimed these expenditures as business expenses on their tax returns, notwithstanding their known employee status.15
At the same time it introduced the Neighborhood Office Agent Program, Allstate introduced the R1500 agreement.16 Starting on October 1, 1984, Allstate required newly hired agents to work under the R1500 agreement as employees.17 The existing R830 employee agents could remain working under their existing R830 agent program or voluntarily enter the
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Neighborhood Office Agent program.18 The agents signed standardized Allstate employment contracts not subject to individual negotiation.19 These captive employee agents received industry leading benefits touted by Allstate as the best in the industry.20 Nothing in these promises concerning Allstate’s benefits guaranteed lifetime employment. To the contrary, all the employee agents served at will.21 Allstate-sponsored health and welfare plans offered to employee agents included group medical and dental insurance coverage, vision care coverage, group basic life and accidental death and dismemberment insurance, group supplemental and dependent life insurance coverage, group long-term care insurance, group long-term disability insurance, flex accounts for health independent care expenses, group legal service benefits and fully subsidized counseling services.22 Allstate maintained a defined benefit pension plan offered to eligible employee agents.23
B. Allstate begins the Exclusive Agent program. In October 1990, Allstate introduced the Exclusive Agent program,24 which Allstate proclaimed as a departure from its “historical reliance on employee agents in favor of independent contractors.”25 This October 1990 decision to introduce an Exclusive Agent program marked the first time in Allstate’s history it deviated from an all-employee captive agency force.26 There were two types of agents under the Exclusive Agent program: (1) agents classified as employees for a temporary term (R3000 agents); and (2) agents classified as independent contractors (R3001 agents).27 Allstate classified R3000 agents as employees with an 18-month term after which they could agree to become R3001 independent contractor agents.28 Allstate provided R3000 agents with training opportunities not available to other employee agents with the aim of converting them to R3001 independent contractors upon the successful completion of
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their 18-month employee term.29 Allstate also directly hired new agents as R3001 agents without first requiring them to work as temporary R3000 agents.30
The R3000 employee agents were similar to R830 and R1500 employee agents in some respects. These employee agents sold and serviced the same Allstate products, and could sell and service only Allstate-authorized products.31 All of these agents had to follow Allstate’s underwriting rules32 and they were eligible for some measure of employee benefits.33 However, while R3000 agents had a temporary 18-month term, agents with R830 and R1500 agreements had indefinite contract durations but no promise of continued employment.
Throughout the 1990s, Allstate did not require its agents to convert to exclusive agents but allowed the agents to apply for conversion.34 Allstate wanted as many agents as possible to become independent contractors to have its goals aligned with its sales force beginning in 1990.35
These independent contractors remained captive agents who could only sell and service Allstate products.36 Regardless of whether the Allstate agents were employee agents or independent contractors, Allstate required agents to build and maintain a profitable book of business.37 The roles of the employee agents and the exclusive agents otherwise differed as exclusive agents could: receive higher commissions than employee agents; choose between operating as a sole proprietorship or other entity; accrue an economic interest in business developed which could be sold to an Allstate approved buyer; sell their economic interest in the book of business allowing them to receive a termination payment; avoid the same limits on deducting unreimbursed business expenses; expand business by purchasing other agents’ economic interest; conduct non-Allstate business outside their agencies; and, not have to physically be present at their agencies and not attend company meetings in person. In exchange
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for the independent contractor status, these exclusive agents could not become participants, accrue benefits or earn service under employee benefit plans but could participate in compensation plans designed for independent contractors such as a stock bonus plan.
C. Allstate’s developing problems with agent employees in neighborhood offices. Since its inception in 1990, Allstate considered its Exclusive Agent program through independent contractors as its best agent program.38 By contrast, Allstate Neighborhood Office Agent program created multiple business, litigation and qualified pension plan issues.39 Allstate’s problems with controlling the Neighborhood Office agents can be traced, in some part, to two class actions filed in California in the mid-1990s alleging Allstate violated California’s labor code by not ensuring reimbursement of all business expenses.40 Allstate settled these lawsuits by, among other things, offering California agents the choice between converting to an independent contractor or leaving Allstate.41 Aside from the California class actions, other Neighborhood Office agents obtained tax court rulings showing, for tax purposes, a professional relationship as independent contractors and their continued participation in Allstate’s tax qualified employee benefit plans could lead to Allstate losing their tax qualified status.42 Beginning in the mid-1990s, Allstate engaged in protracted negotiations with the Internal Revenue Service to ensure the agents’ pension plan retained its tax qualified status and to address the proper employee classification of Neighborhood Office agents.43 Allstate intended and informed its employee agents of its intent to protect the tax qualified status of Allstate’s pension benefit plans including having to either end the Neighborhood Office Agent program or modifying it as consistent with Allstate’s classification of these agents as employees. Consistent with its earlier stated intent, Allstate reassured the employee agents of its interest in not forcing conversion to an independent
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contractor status. Allstate intended to keep conversion to independent contractors as a voluntary option and allow the agent to choose to remain an employee or convert to an independent contractor.44 Allstate expended funds to preserve this choice but continually ran into Internal Revenue’s concerns of the pension plan being disqualified because of Neighborhood Office agents acting as independent contractors including in deducting non-reimbursable expenses and failing to strictly conform their sales behavior to Allstate’s guidelines.45
In June 1997, Allstate evidenced its opposition to converting all agents to independent contractors by rejecting the Internal Revenue Service’s proposal to convert all of the Neighborhood Office agents to independent contractors.46 Allstate argued changing the status of these employee agents would “undoubtedly lead to litigation” and significantly damage Allstate’s relationship with its agents.47 Allstate recognized, as late as June 1997, the severe economic consequences to the Neighborhood Office agents in stopping the employee status.48 Allstate remained particularly concerned with any plan which would instantly require Neighborhood Office agents become independent contractors without changing their contracts and without options for a smooth transition to independent contractor status.49 At the same time, Allstate continued to buttress the employee status of its Neighborhood Office agents by working to reduce agents’ unreimbursed expenses and by imposing increased behavioral controls over the Neighborhood Office agents.50
The Plaintiffs also cite a June 1997 initiative known as the “Sales Organization of the Future” prepared by outside consultant McKinsey & Company.51 This June 1997 initiative, while apparently prepared by a third-party consultant, addressed potential changes to the sales agent and distribution system to allow marketing and technology processes to create the “Sales Organization of the Future.”
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Plaintiffs have not adduced competent evidence of a connection between the 1997 consultant plans and the November 1999 transition of the employee agents to independent contractors. If anything, the June 1997 representations to the Internal Revenue Service and the alleged efforts made by outside consultants confirm Allstate’s interest in the continued treatment of its Neighborhood Office agents as employees as opposed to independent contractors and a search for a program in which Allstate could control its employee agents while competing with other insurers who required independent contractors to sell their product.
By October 23, 1997, Allstate told the Internal Revenue Service of new compensation and expense options available to increase the expense allowance and reduce the possibility of a Neighborhood Office agent having unreimbursed expenses.52 By March 1998, Allstate announced effective January 1, 1999, employee agents could not pay out of pocket for office rent and support staff, but had to limit those types of expenses to their office expense account expenses and, if insufficient to cover expenses, agents could reallocate one or two commission percentage points to cover the expenses.53 Employee agents could convert to independent contractors without having to meet productivity or performance requirements.54 The employee agents would still need to have acceptable updated business plans to pay back Allstate’s advances and be current on outstanding amounts as well as completing a seven-step conversion process.55
Over the course of nine years from 1990 through 1999, Allstate’s agents repeatedly made clear the loss of employee benefits was a key barrier to voluntarily converting to independent contractor status.56 By 1999, fewer than 5% of the employee agents each year had decided to convert to independent contractors.57 Allstate, continuing to believe independent contractors was the best program for it and its agents, began eliminating production performance criteria once
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necessary to convert to independent contractor status.58 By September 1998, Allstate reached a closing agreement with the Internal Revenue
Service with a termination date of December 31, 2005.59 Allstate and the Internal Revenue Service agreed if the United States Supreme Court or at least two final, nonappealable decisions concluded a Neighborhood Office agent must be properly classified as an independent contractor, Allstate agreed to discontinue the Neighborhood Office agents and their active participation in tax-qualified plans.60 Allstate advised all of its agents of this final agreement.61
But Allstate continued to represent, including in a September 11, 1998 letter, its continued effort to preserve and continue the Neighborhood Office Agent program and provide tax qualified employee benefits for the employee agents.62 Allstate went so far as to require its employee agents in fall 1998 to sign an Acknowledgment of Understanding through which the employee agents agreed to file their income taxes consistent with their employee classification.63 As undisputed, regardless of this Acknowledgement, not all agents strictly followed the requirements necessary to remain classified as an employee. Despite multiple efforts, Allstate repeatedly addressed issues with employee agents over whom they could not ensure continued employee status necessary for a qualified pension plan. 64
D. Allstate and Edward Liddy focus on the direct insurance sales market and transitioning to a sales force of independent contractors.
In January 1999, Edward Liddy became Chairman of Allstate’s Board of Directors after Allstate enjoyed four consecutive years of record profits.65 Mr. Liddy stridently focused on the need to change Allstate’s old model of selling insurance through Neighborhood Office agents and focusing on becoming direct marketers to the insurance consumer.66
Consistent with Allstate’s competitors, Mr. Liddy began focusing on Allstate entering the emerging direct insurance sales market.67 By June 1999, Allstate began the work leading up to
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the “Preparing for the Future Program,” (the “Program”) assigning senior personnel to create a “Channel Integration Project” or “Early Bird” team to examine: “moving to a single agency program”; “looking at underperforming agencies and what could be done to help them or do something”; and, “look[ing] at our agent compensation system to see if it could be better aligned with company objections, to align the agents with us.”68 This Early Bird team began focusing on moving to a single agency program under the R3001 program as “the only viable program that we have.”69 An Allstate senior executive expressed specific concern with having so many differing agent contracts.70
Also in June 1999, Allstate began focusing on Mr. Liddy’s plan for direct marketing, call centers and internet sales, including steps necessary to pay for the additional $2 billion transition expense.71 Allstate’s $2 billion in anticipated costs included $556 million in technology costs, $1.14 billion in call center operations and $471 million in marketing expenses.72 Plaintiffs adduce no competent evidence of the $2 billion necessary for the technology costs as being a determining motivator in Allstate’s decision to adopt a program converting the remaining employee agents to independent contractors.
Allstate cites internal records confirming it intended to offset costs by restructuring service commissions to reflect reduced servicing demands on agents.73 Allstate recognized direct customer access would cost it substantial money under its new business model including offering attractive pricing and establishing call centers and internet e-commerce capability. While there is limited evidence of Allstate’s mentioning reducing commissions and its almost forced business decision to finally transition its employee agents to independent contractors, there is substantial and almost overwhelming evidence Allstate’s decision to transition its employee agents to independent contractors finally addressed almost ten years of issues with
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maintaining employee Neighborhood Office agents, concerns with the Internal Revenue Service, California class actions and mindful of its long-held belief the best program to meet future development needs involved independent contractors and not employee agents.
Allstate undertook expense reduction efforts to allow it to expand into direct access for its insurance products as well as fund the technology, call center and marketing expenses.74 By July 12, 1999, Allstate began reviewing an “agent transition” program acknowledging the potential reality of legal and fairness issues with moving all agents to independent contractors.75 These legal and fairness issues were nothing new to Allstate, as it argued the same points to the Internal Revenue Service in negotiating over the potential loss of qualified benefits.
Plaintiffs adduced no evidence Allstate’s July 1999 discussion, however, addressed the specific terms of the later November 10, 1999 plan to transition employee agents to independent contractors through a Release and options. The “Channel Integration Project” or “Early-Bird” team explored and abandoned the idea of removing low performing agents but continued to analyze moving all agents to independent contractor status.76 Allstate evaluated several “Benefits of Change” to better align agents with its goals and improve efficiency including: better alignment of agent commission/bonus structure; allowing agents to invest in their business without the restrictions of the Neighborhood Office Agent program; hiring and managing a support staff without those restrictions; a sense of ownership possibly improving performance; avoiding micromanaging agent activities; improving management’s ability to provide agents with support; and, provide increased efficiency to reduce/reassign internal Allstate administrative costs on the expense reimbursement for employee agents and vendor management.77
While Allstate identified its cutting administrative expenses, the Plaintiffs did not adduce evidence of Allstate specifically considering reducing pension benefits and the attendant savings
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in mid-1999. Allstate recognized its obligations of financial disclosure in analyzing the financial impact of this transition and hired an outside actuary to provide consulting services.78
While the Plaintiffs now argue Allstate’s documents confirm its intent to eliminate future pension accruals to save expense on their transition, Plaintiffs do not adduce evidence of actual savings. Allstate instead cites records demonstrating the expense reduction efforts in all aspects of the company’s business were intended to be reinvested in the technology and the other support defined by Mr. Liddy.79 Allstate estimated net expenses from this business transition in excess of $27 million in 1999 and 2000.80
By September 30, 1999, Allstate recognized the independent contractor status would be the only program without the problems of herding cats in ensuring employee classification necessary for a qualified pension plan.81 Allstate began to focus on a plan transitioning the approximately 6,200 remaining employee agents and Neighborhood Office agents to independent contractors. Allstate’s senior executive team recommended Allstate approve a program where the employee agents program would be discontinued with an opportunity for all agents to become independent contractors reasoning: “we cannot continue to maintain five different captive agent programs including six versions of the NOA Program if we are going to effectively compete in the marketplace.”82
Allstate based this recommendation on, among other things, a study showing the cost of making changes to each of the contracts in dealing with agents including Allstate’s expense in maintaining the differing agent contracts.83 The Plaintiffs argue the administrative expense savings to process agent support consisted of less than $1 million.84 Even assuming these calculations to be the “only” administrative expense savings in a certain document, there is no evidence contrary to Allstate’s repeated reasoning of saving a substantial amount of money by
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not having several different agent contracts as it had experienced since 1990. Consistent with the recommendation, on September 30, 1999, Allstate outlined the plan
going forward.85 Allstate would eliminate its employee agent programs, including the 18-month R3000 agreements.86 All employee agents (other than the existing R3000 agents) would be offered the opportunity to become R3001 agents under a modified version of the R3001 contract.87
In late October 1999, Mr. Liddy and Allstate’s President Richard Cohen made the final decision to move forward with the Program.88 By November 9, 1999, Allstate decided to move forward with the transition projecting annual savings of $175 million from transitioning employee agents to independent contractors and recognizing an additional $98 million one-time pension curtailment gain.89 Plaintiffs show this $98 million gain as a motivating factor. While this is undoubtedly a large number, it pales in comparison to the $2 billion expense anticipated in transition.
Allstate described its transition to align agents’ interests with company objectives through one independent contractor program, focusing on the independent contractor as the only program offered to new agents since 1990 and, most significantly, the independent contractor agents substantially outperformed employee agents following the modifications required by the Internal Revenue Service.90 Allstate described its need for change to compete effectively in the marketplace, allow agents to be free to invest in their agencies to maximize growth and income opportunities, avoid the administrative, support and management costs and allow greater flexibility and lower administrative costs with less complexity.91
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E. Allstate’s November 10, 1999 termination of R830 and R1500 employee agents with options, upon signing a Release, to become independent contractors.
By November 1999, Allstate had approximately 15,200 agents with approximately 54% of them operating as employees and 46% operating as independent contractors.92
On November 10, 1999, Allstate announced the Program (“Preparing for the Future Program”) with the stated goal of transitioning “approximately 6,500 of its captive agents from a number of different contracts and programs to one independent contractor exclusive agency program.”93 As part of its Program, Allstate offered the employee agents other than the 18 month temporary employee agents under the R3000 contract the opportunity to convert to independent contractors.94 Allstate claimed it valued its employee agents and invested in them over the years. Mr. Liddy testified as to the value of these former employee agents and not wanting to lose a single agent.95
Allstate further described its business reasons for the Program as, among other things, leveraging the local presence of all of its over 15,200 member sales force to allow it to service agents and customers more nimbly and cost effectively.96 Allstate intended “to have larger, more efficient and more entrepreneurial agencies . . . moving to one program across the country will enable us to simplify our support system so we can do a better job for our agents and respond to the changing needs of the marketplace faster.”97 Allstate also announced an initiative to reduce current expenses by $600 million annually to fund the investment in this direct access and Internet channels and represented these “cost savings” would come in part from eliminating thousands of non-agent employee positions through office closings and by reorganizing the employee agent programs into independent contractors.98 Allstate further described its plan to reinvest the savings of $600 million annually in more competitive prices where necessary,
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technology, marketing and advertising, including specifically describing approximately $325 million in savings coming from field realignment including reorganizing the employee agent programs into exclusive agents, underwriting design, regional office realignment and changes in claims.99 Allstate’s internal records projected reducing expenses of $105.8 million in employee welfare and benefits for 2001 but not for later years.100 Allstate also projected a $222.2 million increase in compensation for the independent contractors to be paid in 2001.101
Under the Program, employee agents with R830 and R1500 agreements could remain with Allstate under independent contractor R3001 agreements after they agreed to release claims against Allstate.102 Allstate announced it would terminate an agent who did not sign a release, with the termination effective June 30, 2000.103
Allstate treated the existing R3000 employee agents (those with 18-month temporary contracts) differently than the R830 and R1500 employee agents. The R3000 agents would continue to work the remainder of their 18-month contracts, after which they could become R3001 agents or leave Allstate.104 Allstate did not include the existing R3000 agents in the Program because, under its rationale, “R3000 agents were on a career path to become an R3001 agent and they had no other option prior to the program. There was nothing for them to have to do differently in that regard.”105
Allstate provided all of the employee agents, regardless of their age, a release forever discharging Allstate from any and liability arising out of, connected with, or related to, employment and/or termination of employment and the R830 and R1500 Agreements including claims under ADEA or ERISA. Allstate offered four options to the employee agents:
 Sign the Release and continue working as independent contractors under a revised independent contractor agreement;
 Sign the Release and sign another agreement agreeing to work as an Allstate
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independent contractor until they sell their book of business by August 1, 2000 to an Allstate-approved buyer ;  Sign the Release and sign another agreement to leave Allstate in exchange for an “enhanced” severance equal to the higher of the agent’s commission earnings in 1997 or 1998 paid over twenty-four monthly installments and subject to a two year non-compete/non-solicitation restriction and unlimited confidentiality obligation; or,  If they did not sign a Release, leave Allstate entirely as of June 30, 2000 with a base severance of up to thirteen weeks compensation paid over six months and subject to a two year non-compete/non-solicitation restriction and unlimited confidentiality obligation.106
Almost all of the employee agents signed the Release and elected one of the first three options. More than 40% of the remaining employee agents left Allstate by selling their book of business to an approved buyer or accepting an enhanced severance. More than half of the current agent Plaintiffs elected to become independent contractors and continued as Allstate agents after 2000.107 The rest left Allstate’s service and some of the agent Plaintiffs are among the 19 of the approximately 6,200 employee agents who left Allstate without signing a release.108 The remaining agent Plaintiffs left Allstate’s service under the sale option, the enhanced severance option, or the base severance option.109
F. Allstate offers to rehire terminated agents. Almost a year later on September 26, 2000, Allstate implemented a special rehire policy for employee agents who elected to be terminated.110 Allstate would not rehire former employee agents until they reached the one-year anniversary of their termination or stopped receiving enhanced severance payments which were spread over twenty-four months, whichever was longer.111 This rehire policy allowed departed agents to be eligible for reemployment after their one year anniversary. Allstate’s prohibition on rehiring derived from business reasons including not allowing
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an agent to double-dip by simultaneously receiving severance pay while at the same time drawing a salary; the effect on employee morale of immediately rehiring the agent who chose to leave Allstate rather than continuing as an independent contractor; rehiring employee agents within one year of their termination could raise issues under non-compete provisions; and, immediately rehiring employee agents terminated under the program into non-agent positions might confuse customers.
Allstate based its one-year time period on the precedent set by its 1994 and 1995 policy.112 While the agent Plaintiffs raise fair suspicions as to terminating service to affect pension payments, we find no evidence Allstate considered the effect of the September 2000 rehire policy might have on the former employee agents’ benefits.
Allstate realized significant savings from eliminating the employee agents. But these expense reductions came from across the entire company as well as costs associated with the transition. Allstate claims its reduction expenses came from field realignment, the reorganization of employee agents into a single exclusive agency independent contractor program, the closing of field support center and four regional offices, and from a reduced employee related expenses and professional services as a result of reduction in force, attrition, and consolidations.113 By 2001, Allstate announced a $69 million restructuring liability during the fourth quarter of 1999 for certain employee termination costs and qualified exit costs.114
II. Procedural background Approximately thirty Allstate insurance agents filed two putative class actions against
Allstate in 2001. This Court denied class action status several years ago and wrestled with hundreds of motions while the agent Plaintiffs proceeded with appeals and individual claims.115 In 2015, after fourteen years of litigation including two appeals, over 450 additional agents from
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over forty states intervened or became named plaintiffs in Romero I. Less than thirty Plaintiffs can now claim appropriate venue in this District outside of ERISA’s broad allowance of venue.
Upon Judge Buckwalter’s retirement and the random reassignment of this case to us in 2016, we approached this amalgam as we would a multi-district litigation given the great number of similar federal questions under ERISA and ADEA applying to all individual Plaintiffs, followed by individual issues on liability and defenses (such as validity of releases) which require applying differing state laws. We met with all counsel and, after discussion and consent, consolidated all actions with 497 agent plaintiffs to resolve the common issues under ERISA and ADEA.116 We ordered Plaintiffs to file a consolidated amended complaint (“Complaint”), setting a case management and ample discovery schedule on the federal question issues, and dividing the common federal question issues into two trial phases: “Phase I” to address cutback claims under ERISA section 204(g)117 and “Phase II” to address remaining federal common federal questions under ERISA section 510118 and ADEA disparate impact claims.119
This Memorandum explaining our Orders addresses the Phase II issues under ERISA section 510 and ADEA disparate impact claims.120 We are also issuing today our findings of fact and conclusions of law following our non-jury trial on the Plaintiffs’ Phase I ERISA anti-cutback claim.
This Phase II memorandum addresses the legality under ADEA and ERISA of Allstate’s November 1999 Program to transition away from employee agents by terminating existing employee agents and, upon them signing a release, offering these employee agents an ability to become an independent contractor agent. In our July 21, 2016 Order, we clarified Plaintiffs’ ADEA disparate treatment claims, as they require individual agent analysis, would be resolved after the Phase II trial as part of resolving the individual state law claims possibly varying by the
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state law of each of the Plaintiff’s residences.121 We also do not address Allstate’s affirmative defense of failure to exhaust administrative remedies because this defense similarly involves individualized issues.
Focusing on the issues today, former employee agent Plaintiffs seek relief under ADEA challenging Allstate’s adoption and implementation of the Program under a disparate impact theory as compared to the R3000 temporary employee agents. The Plaintiffs also seek relief under ERISA section 510.
Allstate moves for partial summary judgment on the Plaintiffs’ ADEA disparate impact and ERISA section 510 claims and the Plaintiffs cross-move for partial summary on their ERISA section 510 claim. Mr. Liddy also moves for summary judgment on the only remaining claim against him under ERISA section 510. In the accompanying Orders, we granted Allstate’s and Mr. Liddy’s motions for partial summary judgment and denied the Plaintiffs’ motion for partial summary judgment on their ERISA section 510 claim.
III. Analysis122 A. We grant Allstate’s motion for summary judgment as to Plaintiffs’ ADEA disparate impact claims.
Plaintiffs claim Allstate’s decision not include the temporary R3000 employee agents in the Program, while including the other employee agents with R830 or R1500 contracts, created a disparate impact upon this 18-month employee group which tended to be younger. The Plaintiffs’ expert, David W. Griffin, Ph.D., compared the age differences between the R3000 agents and the R830/R1500 agents.123 Relying upon two sources of information for his analysis—an ADEA waiver form and a excel file provided by Allstate—Dr. Griffin formed two alternative definitions of the R3000 agent group active on October 1, 1999.124 After excluding agents from New Jersey and California, and ensuring the remaining employees were not
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terminated before October 1, 1999, he reviewed the “Agent Type Description” field in the Allstate excel file for references to R3000, R830, and R1500 agents.125
Dr. Griffin defined the R3000 group in two ways: (a) 1,044 agents whose “Agent Type Description” field stated “R3000 agent”; and (b) 1,044 agents plus an additional 179 agents similarly described as R3000 agents but whose “Hire Date” post-dated October 1, 1999.126 Dr. Griffin created two charts for these separately defined R3000 groups, which compared each R3000 group against the R830/R1500 groups.127
Dr. Griffin compared the percentage of agents in the R3000 groups which are “older” than the R830/R1500 groups using seven alternative definitions of “older,” starting at “40+” and increasing by five-year increments until “70+”.128 Dr. Griffin found 38% of the two R3000 groups were each older than forty years old, while over 89% of the R830/R1500 agents were over forty.129 According to Dr. Griffin, 12% of the two R3000 groups were older than fifty years old, while over 54% of the R830/R1500 agents were over fifty.130 He found a statistically significant difference between these groups of agents among all seven definitions of “older” and in each of the two definitions of the R3000 group.131 Overall, the median age of R3000 agents was thirty-seven, while the median age of R830/R1500 agents wasfifty.132
The R830/R1500 employee agents argue the program violated ADEA by creating a disparate impact between the younger R3000 temporary employee agents and them. Under the ADEA’s disparate-impact provision, it is unlawful for an employer “to adversely affect [an employee’s] status . . . because of such individual’s age.”133 A disparate impact claim does not require proof of discriminatory intent, but instead focuses on whether a facially neutral employer policy imposes a statistically significant burden on older workers.134 To establish a prima facie case for disparate impact under the ADEA, the Plaintiffs must “(1) identify a specific, facially
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neutral policy, and (2) proffer statistical evidence that the policy caused a significant age-based disparity.”135 If the Plaintiffs do so, Allstate may argue “the challenged practice was based on ‘reasonable factors other than age’—commonly referred to as the ‘RFOA’ defense.”136
The Plaintiffs contend Allstate’s decision to exclude R3000 agents from the November 1999 Planning for the Future Program had a disparate impact on older employees, as demonstrated by expert evidence showing a statistically significant difference between the ages of the agents in these two groups. Allstate responds the R3000 agents do not constitute a comparable population because, unlike the full-time employees with indefinite R830 and R1500 agreements, the R3000 agents had temporary 18-month employment contracts.
“Statistical comparisons, if they are to have any value, must be between comparable groups and free from variables which would undermine the reasonableness of discrimination inferences to be drawn.”137 For example, in the context of a failure to hire case, our Court of Appeals rejected the plaintiff’s argument the qualified applicant pool for a highway maintenance job as including “unrelated jobs” such as clerical workers.138
Similarly, in Sperling v. Hoffman-La Roche, plaintiffs in a reduction-in-force case argued their employer terminated older workers at a higher rate than younger workers.139 The employer terminated its employees based upon their rank in their respective work group.140 The plaintiff’s expert, however, analyzed the companywide age disparities in the termination rate, not the rates within each work group.141 The court found the companywide analysis had “little probative value” because it could not speak to the existence of age-based disparities at the work group level.142
The R3000 agents and the R830/R1500 agents constitute comparable populations. Although R3000 agents had temporary 18-month contracts, they were responsible for selling and
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servicing the same Allstate products as R830 and R1500 agents. All of these agents had to follow the same underwriting rules, and all were entitled to some measure of employee benefits. Given these similarities between the two groups, we find they constitute comparable populations for the purposes of the Plaintiffs’ disparate impact claim.
The Plaintiffs also provide sufficient statistical evidence demonstrating a significant age disparity between the R3000 agents and the R830/R1500 agents. Plaintiffs’ expert found a statistically significant difference between these two groups of agents.143 The median age of R3000 agents was thirty-seven, while the median age of R830/R1500 agents was fifty.144 Plaintiffs demonstrate a prima facie case of disparate impact.
Although Plaintiffs established a prima facie case, their disparate impact claim fails because Allstate demonstrates it based its differentiation on reasonable factors other than age. “[T]he RFOA defense imposes a relatively light burden on employers.”145 This defense “significantly narrows” ADEA coverage by allowing employers to implement policies having a disparate impact on older workers where the policy “is based on reasonable factors other than age.”146 This defense focuses not on whether Allstate could have achieved its stated goal using other less impactful methods, but on the reasonableness of the criteria relied upon by Allstate.147 In fact, “a reasonable factor may lean more heavily on older workers, as against younger ones, and an unreasonable factor might do just the opposite.”148
Congress granted the Equal Employment Opportunity Commission (“EEOC”) the authority to “issue such rules and regulations as it may consider necessary or appropriate for carrying out” the ADEA.149 Exercising this authority, the EEOC issued 29 C.F.R. § 1625.7, which explains, “A reasonable factor other than age is a non-age factor that is objectively reasonable when viewed from the position of a prudent employer mindful of its responsibilities
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under the ADEA under like circumstances.”150 To establish the RFOA defense, Allstate must show its employment practice was (1) “reasonably designed to further or achieve a legitimate business purpose” and (2) “administered in a way that reasonably achieves that purpose in light of the particular facts and circumstances that were known, or should have been known, to the employer.”151 Allstate carries the burden of production and the burden of persuasion on this affirmative defense.152
Allstate satisfies its burden. Allstate instituted the Program to end indefinite employment arrangements in favor of independent contractor agreements. Absent the Program, R830 and R1500 agents would have continued working as employees indefinitely. Allstate explains it did not subject R3000 agents to the Program because, unlike R830 and R1500 agents, R3000 agents had temporary 18-month employment agreements, after which they could seek to become R3001 agents. Allstate provided training opportunities to R3000 agents with the goal of transitioning them to R3001 agents if they performed successfully under the R3000 agreement. Including R3000 agents in the Program would have been counterproductive because these agents were already on the path to becoming R3001 agents. Allstate’s decision to exclude R3000 agents from the Program is reasonable because R3000 agents, at the conclusion of their 18-month term, would either part ways with Allstate or convert to R3001 agents. Rather than prematurely forcing R3000 agents to become R3001 agents before the end of their temporary employment agreements, Allstate chose to wait. This decision is reasonable.
Instead of challenging the reasonableness of Allstate’s decision to exclude R3000 agents from the Program, the Plaintiffs challenge the reasonableness of Allstate’s decision to adopt and implement the Program.153 These arguments miss the point. Because the Plaintiffs contend the unlawful practice was Allstate’s decision to exclude R3000 agents from the Program, their
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arguments should be directed at the reasonableness of Allstate’s decision to exclude the R3000 agents. The reasonableness of Allstate’s decision to adopt and implement the Program is not relevant to this issue.
B. We grant Allstate’s and Mr. Liddy’s Motion dismissing the ERISA section 510 claim.
The Plaintiffs allege the November 1999 decision to transition all of its agents to independent contractors violates section 510 of ERISA, 29 U.S.C. § 1140. Plaintiffs contend Allstate’s termination of their employment contracts through the Program constitutes an adverse employment action depriving them of pension and other benefits to which they would otherwise be entitled under Allstate’s ERISA plans.
Section 510 makes it “unlawful for any person to discharge . . . or discriminate against a participant . . . for exercising any right which is entitled under the provision of employee benefit plan . . . for the purpose of interfering with the attainment of any right to which the participant may become entitled under the plan . . ..” “Congress enacted section 510 primarily to prevent ‘unscrupulous employers from discharging or harassing employees in order to keep them from obtaining vested pension benefits.’”154
Our Court of Appeals has defined the legal standards for a section 510 claim as “very clear.”155 This clear standard requires the Plaintiffs to state a prima facie case demonstrating “(1) employer conduct (2) taken for the purpose of interfering (3) with the attainment of any right to which the employee may become entitled.”156 If the Plaintiffs succeed in establishing each of these elements, they have established a rebuttable presumption Allstate violated section 510.157
The standard requires the Plaintiffs demonstrate Allstate had the “specific intent” to violate section 510.158 Proof of incidental loss of benefits as a result of termination does not
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violate section 510.159 Thus, our Court of Appeals instructs the Plaintiffs “must show that the employer made a conscious decision to interfere with the employee’s attainment of pension eligibility or addition of benefits.”160 As in this case, when the Plaintiffs cannot adduce “smoking gun” evidence of specific intent to discriminate, we allow the Plaintiffs to satisfy their evidentiary burden of specific intent by introducing circumstantial evidence.161 We allow evidence of specific intent by drawing on the case law defined in other aspects of employment discrimination, including the shifting burdens of McDonnell-Douglas.162
Once the Plaintiffs meet their prima facie case by preponderance of the evidence, Allstate must show a legitimate non-discriminatory reason for the Program.163 Under a McDonnellDouglas shifting, if Allstate articulates a legitimate reason, the burden returns to the Plaintiffs to show Allstate’s business reason is pretext for discriminatory intent violative of section 510 to deprive the Plaintiffs of their pension benefits.164
Our decision today must also be mindful of the 2005 decision of the United States Court of Appeals for the Seventh Circuit finding Allstate’s same decision did not violate section 510. In Isbell v. Allstate Insurance Co.,165 the court of appeals, affirming the district court, found Allstate offered legitimate nondiscriminatory reasons for eliminating its employee agent force in favor of an independent contractor force. The court of appeals, whose views are persuasive in this Court, examined the same conduct at issue before us. 166 The court of appeals concluded by describing Allstate’s legitimate non-discriminatory reasons: “Chief among these was the higher productivity of independent contractors (and, notably, the even higher productivity for former employee agents who had voluntarily converted to independent contractors.) The independent contractors were paid higher commissions than the employee agents and no doubt, like many companies, Allstate believed paying its sales force primarily through commissions spurs the
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salesman to sell more. This is a legitimate business reason for Allstate’s decision. Allstate was entitled to summary judgment.”167
The United States Court of Appeals affirmed Judge Herndon’s extensive analysis in the district court of Allstate’s reasons and finding an employee agent could not proceed to trial on a section 510 claim against Allstate. Judge Herndon specifically found the employee agents “were dismissed as part of restructuring of its agent sales force – a legitimate non-discriminatory reason. Plaintiffs have offered no evidence to show Allstate’s decision was impermissibly motivated by desire to deprive those agents of their healthcare benefits. Indeed, the documents offered by Plaintiffs suffer from the same infirmities as those offered in support of their ADEA claim, namely Plaintiffs fail to show how they even remotely relate to the employment decision in question. None of the documents Plaintiffs presented were created in connection with or refer to the Program. Nor were the documents shared with those initiating the Program. In short, Plaintiffs’ evidence neither establishes the prima facie case nor demonstrates that Allstate’s legitimate non-discriminatory business reason for implementing the Program was pretextual. No action for ERISA lies where, as here, an alleged loss of a right is a mere consequence of the employment termination.”168
Having the benefit of full discovery over a dozen years after Isbell, we agree with Judge Herndon and the court of appeals affirming his findings of no pretext in Allstate’s business reason for implementing the Program. The Plaintiffs strive to distinguish Judge Herndon’s opinion in Isbell by largely focusing on the effect of the decision from the agents’ perspective. We agree Allstate changed course after having invested over nine years defending the employee agent programs. We also agree with the Plaintiffs as to Allstate saving some money by terminating employee agents and offering independent contractor positions after signing a
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release. As Allstate recognized, this transition would not be easy and likely result in litigation and morale issues. Allstate correctly predicted this litigation responsive to the employee agents’ losing their jobs.
But even after over years of discovery, we have little or no evidence of Allstate deciding to proceed with the Program in fall 1999 to eliminate pension benefits. Allstate’s internal documents instead describe almost a decade of opposing a transition to an exclusive sales force of independent contractor agents even though Allstate knew the independent contractor agent worked better with Allstate’s goals. For years, Allstate fought two California class actions and disputed a need to change their employee agents to independent contractors with the Internal Revenue Service. It settled the California class actions by terminating the employee agents and offering them positions as independent contractors. As late as eighteen months before announcing the Program in November 1999, Allstate worked with the Internal Revenue Service on a Final Agreement and again attempted to create behavior modifications for the employee agents to ensure they do act like independent contractors. The overwhelming evidence confirms Allstate did not want to transition to an exclusive independent contractor agent sales force.
When Mr. Liddy became Allstate’s Chairman and CEO in 1999, his leadership team announced a business transition to allow direct access to the consumer through, among other channels, call centers, internet sites and advanced technology. These steps would, almost by definition of “direct” access to consumers, result in a new hands-on role for agents. Allstate estimated costs of $2 billion for this transition due to the technology needs. Even assuming the agent Plaintiffs’ best argument is accurate, the amount of savings in future pension benefits would not come close to setting off this expense. Under Mr. Liddy’s leadership, Allstate decided to focus on new channels of distribution. As part of this new direct access business model,
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Allstate decided to change its decades of employee agents to better align the sales goals. Plaintiffs offer no smoking gun of Allstate’s conscious decision to interfere with the
employee’s attainment of pension eligibility or benefits. To this extent, we agree with Judge Herndon in Isbell reviewing this same Allstate decision. But even assuming the Plaintiffs established evidence Allstate documented and considered the effect of the Program as impairing benefits after June 30, 2000, and given our findings of Allstate’s several legitimate business reasons, we find no evidence Allstate’s business reasons are pretext for illegally interfering with the attainment of pension or other benefits.
This is not a situation where an employer fires one employee or all employees to save money alone. Saving money can be a legitimate business reason but invites more scrutiny if the decision is entirely reactive or most of the savings are through eliminating the pension. Instead, we review an undisputed history of Allstate incurring considerable expense in fighting the transition of employee agents to independent contractors for over nine years. Mr. Liddy testified as to his desire to retain Allstate’s decades of investment in the employee agents. Allstate identified several business reasons related to the transition of its business model. It made a business decision to move to a direct access model which, incidental to this $2 billion investment, required Allstate to finally move to an exclusive independent contractor sales force. We have no evidence the elimination of the pension benefits approached setting off the $2 billion expense on this business initiative. Hopefully also applying some common sense, Allstate made this decision after four years of record profits with its different agent forces. This is not a failing company in 1999 seeking to save itself on the backs on its pensioners. All the evidence points in the opposite direction: a new business model focused on e-commerce and direct sales which, incidental to this business model, made sense to transition agents out of employment and the
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recurring control issues and allow them to work as independent contractors.
We find no basis to disregard the Isbell analysis based on new evidence adduced by the
agent Plaintiffs concerning Allstate’s interest in reducing costs to pay for the direct access
efforts. Allstate’s business reasons found by a district court and court of appeals as non-
pretextual ten years ago have as much persuasive effect today. Further, the great weight of the
evidence adduced for our consideration confirms Allstate’s several legitimate business reasons
tied to its business plans in 1999.
IV. Conclusion
We grant Allstate’s motion for partial summary judgment as to the Plaintiffs’ ADEA
disparate impact claim. We decline to address the parties’ arguments regarding Plaintiffs’ ADEA
disparate treatment claims or Allstate’s affirmative defense of failure to exhaust administrative
remedies, as these issues are not readily capable of common resolution among all Plaintiffs.
We also grant Allstate’s and Mr. Liddy’s motion for partial summary judgment
dismissing the Plaintiffs’ ERISA section 510 claims. As the only issues triable in Phase II of our
common federal issues protocol are now resolved, the parties and counsel are no longer attached
for the Phase II trial.
1 Our Policies require a Statement of Undisputed Material Facts be filed in support of a Rule 56 motion, as well as an appendix of exhibits. Allstate filed a Statement of Undisputed Material Facts in support of its Motion for summary judgment on the ADEA claim (ECF Doc. No. 1008) and appendix (ECF Doc. Nos. 1008-1 through 1008-57). Plaintiffs responded to Allstate’s Statement of Undisputed Material Facts and submitted an Additional Statement of Material Facts (ECF Doc. No. 1061-1), as well as supplementing the appendix (ECF Doc. Nos. 1060 through 1060-204). Allstate responded to Plaintiffs’ Statement of Undisputed Material Facts (ECF Doc. No. 1065) and supplemented the appendix (ECF Doc. Nos. 1065-1 through 1065-61).
The parties filed cross-motions for summary judgment on the ERISA section 510 claims. In their moving brief, the Allstate Defendants filed a Statement of Undisputed Material Fact (ECF Doc. No. 1036). Plaintiffs responded and submitted a Statement of Additional Material Facts (ECF Doc. No. 1071-1). Plaintiffs, in support of their moving brief, filed a Statement of Undisputed Facts (ECF Doc. No. 1042), later amended (ECF Doc. No. 1052). The Allstate Defendants
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responded to Plaintiffs’ Amended Statement of Undisputed Facts and submitted Additional Facts (ECF Doc. No. 1057). Plaintiffs responded to the Allstate Defendants’ Additional Facts (ECF Doc. No. 1073). The parties submitted a Joint Appendix supporting their cross-motions for summary judgment (ECF Doc. No. 1040, 1053, and 1072). Allstate supplemented the Joint Appendix (ECF Doc. No. 1057-1 through 1057-42).
Because the parties separately briefed the ADEA and ERISA section 510 claims, we have separate appendices. For ease of reference, we refer to exhibits relating to Allstate’s motion on the ADEA claim as “ADEA Appx.” and to exhibits in the ERISA section 510 claims, including Allstate’s supplement to the Joint Appendix, as “Joint Appx.” 2 ECF Doc. No. 1061-1 at p. 4, ¶ 1. The Allstate Corporation is a Delaware corporation with a principal place of business in Northbrook, Illinois. Id. at p. 4, ¶ 2. 3 Id. at p. 5, ¶ 5. 4 ECF Doc. No. 1057 at ¶¶ 3–4. 5 ECF Doc. No. 1-61-1 at pp. 5-6, ¶ 6; ADEA Appx. 4203. 6 ECF Doc. No. 1-61-1 at pp. 5-6, ¶ 6. 7 ECF Doc. No. 1057 at ¶¶ 51 52-54; ECF Doc. No. 1061-1 at ¶¶ 7-9. 8 ECF Doc. No. 1071-1 at ¶ 13. 9 ECF Doc. No. 1057 at ¶ 53. 10 Id. at ¶ 54. 11 Id. at ¶ 56. 12 Id. 13 Id. at ¶ 58. 14 Joint Appx. 3457; EEOC v. Allstate Ins. Co., 778 F.3d 444, 446 (3d Cir. 2015). 15 Joint Appx. at 6498, 6524. 16 ECF Doc. No. 1061-1 at p. 14, ¶ 10. 17 Id.; ADEA Appx. 2396. 18 ADEA Appx. 2395.
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19 ECF Doc. No. 1057, at ¶ 5.
20 Id. at ¶ 22.
21 EEOC, 778 F.3d at 446.
22 ECF Doc. No. 1057 at ¶ 23. There is no dispute the various Allstate-sponsored health and welfare plans are subject to ERISA. ERISA defines an “employee welfare benefit plan” and “welfare plan” as: “any plan, fund, or program . . . established or maintained by an employer . . . to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, (A) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds, or prepaid legal services, or (B) any benefit described in section 186(c) of this title (other than pensions on retirement or death, and insurance to provide such pensions).” 29 U.S.C. § 1002(1).
23 Id. at ¶¶ 27-29. Employee agents between the ages of 21 and 63 became participants in the Allstate Agents Pension Plan as of January 1 of the year in which they completed one year of “Credited Service,” as defined by the Plan, and remained an agent as of the end of that year. Id. at ¶ 27. It is undisputed the Allstate Agent’s Pension Plan is a defined benefit pension plan, maintained under a written plan document, and subject to ERISA. ERISA defines the terms “employee pension benefit plan” and “pension plan” as: “any plan, fund, or program . . . established or maintained by an employer . . . to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program--(i) provides retirement income to employees, or (ii) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond, . . .” 29 USCA § 1002(2)(A).
24 ECF Doc. No. 1061-1 at p. 15, ¶ 12.
25 ADEA Appx. 2396. In the Phase I trial, the parties stipulated Exclusive Agents all became independent contractors. See Stipulated Facts for the December 2016 Phase I Trial at ¶ 10 (ECF Doc. No. 972).
26 ECF Doc. No. 1057 at ¶ 7.
27 Id.
28 Id.
29 ADEA Appx. 5012.
30 ECF Doc. No. 1061-1 at p. 19, ¶ 13.
31 ADEA Appx. 4674d–4674f.
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32 ADEA Appx. 4674e. 33 ADEA Appx. 4668a, 4674d. 34 ECF Doc. No. 1057, at ¶ 8. 35 Joint Appx. 534. 36 ECF Doc. No. 1057, at ¶ 9. 37 Joint Appx. 1548–49. 38 ECF Doc. No. 1057, at ¶ 60. 39 Id. at ¶¶ 64-65. 40 Id. at ¶ 62. 41 Id. 42 Id. at ¶ 64. 43 Id. at ¶ 65. 44 Joint Appx. 6152 45 Joint Appx. 6553. 46 ECF Doc. No. 1057 at ¶ 69. 47Id. 48 Id. 49 Id. 50 Id. at ¶¶ 70–71. 51 ECF Doc. No. 1057, at ¶ 75. 52 Id. at ¶ 82. 53 Id. at ¶ 83. 54 Id.
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55 Id. 56 Id. at ¶ 85. 57 Id. at ¶ 86. 58 Id. at ¶ 87. 59 Id. at ¶¶ 89-90. 60 Joint Appx. 661–663. 61 Joint Appx. 3765-3769. 62 Joint Appx. 3766. 63 ECF Doc. No. 1057 at ¶ 92; Joint Appx. 5735. 64 ECF Doc. No. 1057 at ¶ 92. 65 ECF Doc. No. 1057 at ¶¶ 11–12. 66 ECF Doc. No. 1057 at ¶ 103; Joint Appx. 3822–23. 67 Id. at ¶ 93. 68 Id. at ¶¶ 94-95. 69 Id. at ¶ 95; Joint Appx. 6097, 6570. 70 Joint Appx. 6570. 71 ECF Doc. No. 1057 at ¶ 99. 72 Joint Appx. 4761. 73 Joint Appx. 3822, 4761. 74 ECF Doc. No. 1057 at ¶¶ 105-106. 75 ECF Doc. No. 1057 at ¶ 109; Joint Appx. 3880–81. 76 ECF Doc. No. 1057 at ¶ 110. 77 Joint Appx. 4844–45.
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78 Joint Appx. 1560, 4051–52, 4094–95. 79 Joint Appx. 803. 80 Joint Appx. 4204. 81 Joint Appx. 6097, 6570. 82 Joint Appx. 789. 83 ECF Doc. No. 1057 at ¶ 121. 84 Id. at ¶ 123. 85 Joint Appx. 789. 86 Id. 87 Id. 88 ECF Doc. No. 1057 at ¶ 124. 89 Joint Appx. 4243, 4266; Joint Appx. at ¶ 126. 90 Joint Appx. 4236, 4239, 4262. 91 Id. 92 Id. at ¶¶ 14–15. 93 ADEA Appx. 4 at ¶ 11, 4509-12. 94 ECF Doc. No. 1057 at ¶ 128. 95 Joint Appx. 6172b. 96 Joint Appx. 1576. 97 Joint Appx. 1577. 98 Joint Appx. 1576, 1581. 99 Joint Appx. 1576, 1581, 6278–79. 100 Joint Appx. 1603, 5944-45.
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101 Joint Appx. 1603. 102 ADEA Appx. 4920–21. 103 ADEA Appx. 782, 4920–21. 104 ADEA Appx. 5186–87. 105 ADEA Appx. 5187. 106 ECF Doc. No. 1061-1 at p. 57, ¶ 33; ECF Doc. No. 1057 at ¶ 128. 107 ECF Doc. No. 1057 at ¶ 131. 108 Id. 109 Id. 110 ECF Doc. No. 1057 at ¶ 132; Joint Appx. 1345. 111 Joint Appx. 1345. 112 ECF Doc. No. 1057 at ¶ 143; Joint Appx. 946. 113 Joint Appx. 4398–99. 114 Id. 115 We are particularly mindful of the direction in our Court of Appeals’ July 29, 2009 Opinion vacating and remanding a June 20, 2007 district court summary order which dismissed the Plaintiffs’ claims under ADEA and ERISA. See Romero v. Allstate Ins. Co., 344 F.App’x 785, 790 (3d Cir. 2009) vacating and remanding Romero v. Allstate Ins. Co., Nos. 01-3894, 01-6764, 01-7042, 2007 WL 1811197 (E.D.Pa. June 20, 2007). Following our Court of Appeals’ guidance, we allowed extensive discovery on the common federal questions under ADEA and ERISA. This Court, through the Honorable Ronald L. Buckwalter (retired), held a jury trial on whether ten of the named plaintiffs (when we had only thirty plaintiffs) released their claims. The individual issues, including the release defense, will be resolved in separate cases in appropriate venues. 116 May 2, 2016 Consolidation Order (ECF Doc. No. 851). 117 29 U.S.C. § 1054(g). 118 29 U.S.C. § 1140.
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119 May 2, 2016 Scheduling Order (ECF Doc. No. 852). Plaintiffs filed their Consolidated Amended Complaint on May 20, 2016 (ECF Doc. No. 864). Allstate subsequently filed a motion for summary judgment on Plaintiffs’ ERISA anti-cutback claims and breach of fiduciary duty claim. Following oral argument, we granted summary judgment in Allstate’s favor on the breach of fiduciary duty claim (Count X). We also granted Allstate’s motion for summary judgment as to any argument the 1993 Plan amendment to the term “Credited Service” constitutes a violation of ERISA’s anti-cutback provision and denied Allstate’s motion on Plaintiffs’ alternative claim they are employees, not independent contractors, to be resolved in later individual proceedings under the varying state laws (Count IX). We denied Allstate’s summary judgment motion as to Plaintiffs’ anti-cutback claim relating to the elimination of the early retirement beef-up subsidy (Count VIII). See November 22, 2016 Memorandum and Order (ECF Doc. No. 960, 961). After our summary judgment order, the Phase I trial only addressed whether Allstate violated ERISA’s anti-cutback provision by eliminating the beef-up subsidy (Count VIII).
120 ECF Doc. Nos. 1122, 1123.
121 ECF Doc. No. 883.
122 Summary judgment is proper when “the movant shows that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(a). A dispute as to a material fact is genuine if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). On a motion for summary judgment, “we view the underlying facts and all reasonable inferences therefrom in the light most favorable to the party opposing the motion.” Mancini v. Northampton Cnty., 836 F.3d 308, 313 (3d Cir. 2016) (quoting Blunt v. Lower Merion Sch. Dist., 767 F.3d 247, 265 (3d Cir. 2014)). “The party seeking summary judgment ‘has the burden of demonstrating that the evidentiary record presents no genuine issue of material fact.’” Parkell v. Danberg, 833 F.3d 313, 323 (3d Cir. 2016) (quoting Willis v. UPMC Children’s Hosp. of Pittsburgh, 808 F.3d 638, 643 (3d Cir. 2015)). If the movant carries its burden, “the nonmoving party must identify facts in the record that would enable them to make a sufficient showing on essential elements of their care for which they have the burden of proof.” Willis, 808 F.3d at 643 (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)). “If, after adequate time for discovery, the nonmoving party has not met its burden, pursuant to Federal Rule of Civil Procedure 56, the court must enter summary judgment against the nonmoving party.” Willis, 808 F.3d at 643 (citing Celotex Corp., 477 U.S. at 322-323).
The standard does not change on cross-motions for summary judgment. Auto-Owners Ins. Co. v. Stevens & Ricci Inc., 835 F.3d 388, 402 (3d Cir. 2016) (quoting Appelmans v. City of Phila., 826 F.2d 214, 216 (3d Cir. 1987)). We “consider cross-motions for summary judgment separately and apply the appropriate burden of production to each motion.” Beenick v.LeFebvre, No. 16-3855. 2017 WL 1325690, *3 (3d Cir. Apr. 11, 2017) (citing Lawrence v. City of Phila., 527 F.3d 299, 310 (3d Cir. 2008)); Auto-Owners Ins. Co, 835 F.3d at 402 (quoting 10A Charles Alan Wright et al., Federal Practice & Procedure § 2720 (3d ed. 2016)).
123 ADEA Appx. 3455.
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124 ADEA Appx. 3455–56. 125 ADEA Appx. 3456–57. 126 ADEA Appx. 3457. 127 ADEA Appx. 3459–60. 128 ADEA Appx. 3458–60. 129 ADEA Appx. 3459–60. 130 ADEA Appx. 3459–60. 131 ADEA Appx. 3460. 132 ADEA Appx. 3460. 133 29 U.S.C. § 623(a)(2). 134 Karlo v. Pittsburgh Glass Works, LLC, 849 F.3d 61, 69, 79 (3d Cir. 2017). 135 Id. at 69. 136 Id. (quoting 29 U.S.C. § 623(f)(1) and 29 C.F.R. § 1625.7). 137 Mazus v. Dep’t of Transp., Com. of Pa., 629 F.2d 870, 875 (3d Cir. 1980) (citing Swint v. Pullman-Standard, 539 F.2d 77, 97 (5th Cir. 1976)). 138 Id. 139 Sperling v. Hoffmann-La Roche, Inc., 924 F. Supp. 1346, 1382 (D.N.J. 1996). 140 Id. 141 Id. 142 Id. 143 ADEA Appx. 3460. 144 ADEA Appx. 3460. 145 Karlo, 849 F.3d at 80. 146 Smith v. City of Jackson, Miss., 544 U.S. 228, 233 (2005).
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Case 2:01-cv-03894-MAK Document 1128 Filed 04/27/17 Page 38 of 39
147 Karlo, 849 F.3d at 84 (“When a defendant proffers a RFOA, the plaintiff can rebut it by showing that the factor relied upon is unreasonable, not by identifying twenty other practices that would have been reasonable instead.”); see also Smith, 544 U.S. at 233 (“Unlike the business necessity test, which asks whether there are other ways for the employer to achieve its goals that do not result in a disparate impact on a protected class, the reasonableness inquiry includes no such requirement.”)
148 Meacham v. Knolls Atomic Power Lab., 554 U.S. 84, 96 (2008).
149 29 U.S.C. § 628.
150 29 C.F.R. § 1625.7(e)(1).
151 Id. The regulations set forth factors we may consider, including but not limited to: (i) the extent Allstate’s factor is related to its stated purpose; (ii) the extent Allstate accurately defined the factor and fairly and accurately applied the factor; (iii) the extent Allstate limited supervisors’ discretion to assess employees subjectively; (iv) the extent Allstate assessed the adverse impact of its practice on older workers; and, (v) the degree of harm to the protected group and the extent Allstate took steps to reduce harm in light of the burden of taking such steps. Id. § 1625.7(e)(2). “No specific consideration or combination of considerations need be present for a differentiation to be based on reasonable factors other than age. Nor does the presence of one of these considerations automatically establish the defense.” Id. § 1625.7 (e)(3).
152 Meacham, 554 U.S. at 87.
153 ECF Doc. No. 1061 at p. 29 (“Allstate claims that [productivity of non-employee agents] is one of the reasonable factors other than age that caused Allstate to adopt the program.”); Id. at p. 30 (“A jury reasonably could conclude that Allstate did not adopt and implement the Program for any of these reasons.”).
154 Dewitt v. Penn-Del Directory Corp., 106 F. 3d 514, 522 (3d Cir. 1997) (citing Haberern v. Kaupp Vascular Surgeons Ltd., 24 F 3d. 1491, 1501 (3d Cir. 1994) (citations omitted)).
155 DiFederico v. Rolm Co., 201 F 3d. 200, 204 (3d. Cir. 2000).
156 Dewitt, 106 F. 3d at 521 (citing Gavalik v. Continental Can Co., 812 F 2d. 834, 852 (3d Cir.) cert. denied, 484 U.S. 979 (1987)).
157 Gavalik, 812 F 2d. at 853.
158 Jakimas v. Hoffmann-LaRoche, Inc., 485 F.3d 770, 785 (3d Cir. 2007) (citing Gavalik, 812 F.2d at 851).
159 Gavalik, 812 F.2d at 851 (citing Tisch v. Reliance Group, Inc., 548 F. Supp. 983, 985 (S.D.N.Y. 1982) aff’d, 742 F 2d. 1441 (2d Cir. 1983)).
38

Case 2:01-cv-03894-MAK Document 1128 Filed 04/27/17 Page 39 of 39
160 Dewitt, 106 F.3d at 523 (citing Gavalik, 812 F 2d. at 860). 161 Gavalik, 812 F 2d. at 851 (citing Maxfield v. Sinclair Int’l, 766 F 2d. 788, 791) (3d Cir. 1985) cert. denied, 474 U.S. 1057 (1986)). 162 McDonnell-Douglas Corp. v. Green, 411 U.S. 792 (1973) and Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248 (1981). 163 Hendricks v. Edgewater Steel Co., 898 F 2d. 385, 389 (3d Cir. 1990) (citing Gavalik, 812 F. 2d. at 853). 164 Id. 165 418 F. 3d. 788 (7th Cir. 2005), cert. denied, 547 U.S. 1021 (2006). 166 Id. at 796. 167 Id. 168 Isbell v. Allstate Insurance Company Ins. Co., No. 01-252, 2003 U.S. Dist. Lexis 21412 at *46 (S.D. Ill. Nov. 25, 2003) (citing Lindeman v. Mobile Oil Corp., 141 F. 3d 290, 296 (7th Cir. 1998) and Meredith v. Navistar Int’l Transp. Corp., 935 F. 2d 124, 127 (7th Cir. 1991)).
39

 
 Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 1 of 12

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

Plaintiffs,

CIVIL ACTION

v.

NO. 01-3894

ALLSTATE INSURANCE COMPANY, et al.,
Defendants.

CONSOLIDATED WITH
NO. 01-6764 (Romero II) NO. 03-6872 (Romero III) NO. 15-1049 (Abell) NO. 15-2602 (Tabor) NO. 15-3047 (Anzivine)

MEMORANDUM

KEARNEY,J.

September 5, 2017

Citizens petitioning the court for redress are immune from being sued for filing their claim unless it is objectively baseless. This well-established expansive principle arising from two Supreme Court cases decided over fifty years ago allows citizens to file claims and protect their interests in good faith. When, as here, we have no evidence withdrawn counterclaims based on state law theories are objectively baseless, the defendants are immune from liability arising the filing of their counterclaim. We must enter the accompanying Order granting the Defendants' motion for summary judgment dismissing Plaintiffs' claim the Defendants filed state law counterclaims in retaliation for Plaintiffs filing their complaint.
I. Undisputed Facts' Allstate Insurance Company sells insurance and related products and services. 2 Craig A Millison is a former Allstate insurance agent who worked for Allstate as a captive sales agent under an employee agreement for more than thirteen years.3 In November 1999, Allstate

Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 2 of 12
announced the Preparing for the Future Program reorgamzmg its sales force. 4 Under the
Program, Allstate represented it would transition approximately 6,500 of its captive sales agents
to one independent contractor exclusive agency program. 5
Allstate told its agents they would have four options going forward. 6 First, agents could
sign a release (the "Release") and continue as an Exclusive Agent independent contractor with
no benefits or job security.7 Second, agents could sign the Release, continue as an Exclusive
Agent independent contractor for thirty days, and afterward they could sell their book of business
to an Allstate-approved buyer. 8 Under the first and second options, agents had to agree to work
for Allstate under independent contractor exclusive agent contracts.9 Third, agents could sign the
° Release, leave Allstate, and receive an enhanced severance of a year's worth of salary. 1 Fourth,
agents could leave Allstate without signing the Release and receive a base severance of up to
thi.rteen weeks, comm1·ss1·on. II
Under the Release, agents waived all claims relating to termination under their earlier
employment agreements and their transition to Exclusive Agents under the Program:
In return for the consideration that I am receiving under the Program, I hereby release, waive, and forever discharge Allstate Insurance Company, its agents, parent, subsidiaries, affiliates, employees, officers, shareholders, successors, assigns, benefit plans, plan administrators, representatives, trustees and plan agents ("Allstate"), from any and all liability, actions, charges, causes of action, demands, damages, entitlements or claims for relief or remuneration of any kind whatsoever, whether known or unknown, or whether previously asserted or unasserted, stated or unstated, arising out of, connected with, or related to, my employment and/or the termination of my employment and my R830 or Rl 500 Agent Agreement with Allstate, or my transition to independent contractor status, including, but not limited to, all matters in law, in equity, in contract, or in tort, or pursuant to statute, including any claim for age or other types of discrimination prohibited under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Employee Retirement Income Security Act ("ERISA"), the Illinois
2

Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 3 of 12
Human Rights Act, and the West Virginia Human Rights Act as those acts have been amended, or any other federal, state, or local law or ordinance or the common law. I further agree that if any claim is made in my behalf with respect to any matter released and waived above, I hereby waive any rights I may have with respect thereto and agree not to take any payments or other benefits from such claim. I understand that this release and waiver does not apply to any future claims that may arise after I sign this Release or to any benefits to which I am entitled in accordance with any Allstate plan subject to ERISA by virtue of my employment with Allstate pn.or to my emp1oyment termm. at1.0n date. 12
The Release acknowledged the agent both executed the Release voluntarily after having the opportunity to seek legal advice and understood its legal and binding effect. 13 The Release
did not expressly contain a covenant not to sue. Allstate gave agents until June 2000 - six months - to decide their preferred option. 14
On May 15, 2000, Mr. Millison signed the Release with Allstate, after which he served as an Exclusive Agent with Allstate from July 1, 2000 until 2004. 15 In exchange for signing the
Release, Allstate paid Mr. Millison a $5,000 conversion bonus and forgave his office expense allowance of $136.95. 16 Despite Mr. Millison's representation by signing the Release he
understood its legal and binding effect, he later testified when he signed the Release he "just knew that this had to be something that wasn't legal or binding."17
On August 1, 2001, twenty-seven Plaintiffs including Mr. Millison sued Allstate, alleging the Program violated the Age Discrimination in Employment Act ("ADEA") 18 and the Employee Retirement Income Security Act ("ERISA"), 19 and sought a declaratory judgment invalidating the Release.20 On October 18, 2001, Plaintiffs filed an Amend.ed Complaint adding two more Plaintiffs but retaining the core claims. 21 Plaintiffs alleged many agents executed the Release believing it to be unlawful and not having the effect of waiving their rights.22
Allstate pleaded the affirmative defense of release, arguing Mr. Millison's and most of
3

Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 4 of 12
the remaining Plaintiffs' claims were barred. 23 Allstate also counterclaimed against Plaintiffs for unjust enrichment, fraud, negligent misrepresentation, and breach of the duty of good faith and fair dealing. 24 Allstate based its unjust enrichment counterclaim on Plaintiffs' retaining the benefits of signing the Release "[d]espite plaintiffs' breach of the release."25 Allstate based its remaining counterclaims on Plaintiffs' purported representation they would not sue Allstate for the released claims.26 Allstate based each of its counterclaims on state law.
In December 2003, twenty-five Plaintiffs filed a separate lawsuit alleging Allstate's counterclaims constituted unlawful retaliation under the ADEA and ERISA.27 Years later, Plaintiffs filed a Second Amended Complaint.28 In its Answer to the Second Amended Complaint, Allstate did not replead its counterclaims.29 Following our May 5, 2016 Order consolidating the parties' lawsuits, Plaintiffs filed a Consolidated Amended Complaint maintaining their ADEA and ERISA retaliation claims in Counts XI and XII. 30 Allstate again did not file counterclaims. We are now preparing for two First Quarter 2018 trials on the individual claims for the agents domiciled in this District, including Mr. Millison who continued to proceed on his ADEA and ERISA retaliation claims.31
II. Analysis Allstate moves for partial summary judgment, arguing Mr. Millison's retaliation claims fail as a matter of law.32 We agree and grant summary judgment in favor of Allstate and against Mr. Millison on the retaliation claims because Mr. Millison fails to meet his burden of showing Allstate's withdrawn counterclaims are objectively baseless. In the 1960s, the Supreme Court decided two cases recognizing a First Amendment immunity to petition government entities including the courts, commonly referred to as NoerrPennington immunity.33 Although the two decisions involved antitrust claims, the Supreme
4

Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 5 of 12
Court and our court of appeals have extended Noerr-Pennington immunity to other contexts, including state law tort claims.34 "The immunity conferred by the Noerr-Pennington doctrine embraces all forms of government petitioning, and expressly reaches the petitioning activity of filing, pursuing and participating in a civil lawsuit. Thus, '[a]s a general matter, ..., the filing of a lawsuit is itself petitioning conduct protected by the First Amendment and may not be the basis for liability under the Noerr-Pennington doctrine.'" 35
But this immunity is not absolute. Under the Noerr-Pennington doctrine, individuals shed their immunity if the litigation is a sham.36 The "sham" exception strips away immunity where the claim is (1) "objectively baseless," meaning "no reasonable litigant could realistically expect success on the merits," and (2) "subjectively motivated by an unlawful purpose."37 As to the first element, a claim is objectively baseless if controlling case law clearly prohibits the claim.38
Allstate argues Mr. Millison's ADEA and ERISA retaliation claims based on its counterclaims should be dismissed because Mr. Millison cannot prove Allstate's 2001 counterclaims are a sham. The parties agree Mr. Millison has the burden of proving Allstate's counterclaims are a sham.39
a. Allstate mischaracterizes its withdrawn counterclaims. Mr. Millison correctly points out Allstate, in its briefing, mischaracterizes its counterclaims. Allstate's counterclaims for fraud, negligent misrepresentation, and breach of duty of good faith and fair dealing were predicated upon Mr. Millison's purported representation, in signing the Release, he would not sue Allstate for the released claims. Allstate's unjust enrichment counterclaim, however, appears to be predicated upon Mr. Millison's breach of the Release. In its briefing, however, Allstate describes its counterclaims as seeking "to recover the consideration Allstate provided Millison in exchange for a Release in the event that Millison
5

Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 6 of 12
prevailed in his efforts to invalidate the release."40 Allstate also describes its counterclaims as being based on Mr. Millison's misrepresentation the Release was "legal and binding."41 Allstate is bound by its pleaded characterization of its counterclaims; it may not change the substance of its claims through briefing. 42
b. Mr. Millison fails to meet his burden of showing Allstate's counterclaims are objectively baseless.
Upon review of Allstate's pleaded characterization of its withdrawn counterclaims which are largely based on Ms. Millison's false representation he would not sue for the released claims, we find Mr. Millison fails to satisfy his burden Allstate's counterclaims are objectively baseless. We begin by noting Mr. Millison fails to cite case law specifically prohibiting Allstate's counterclaims. Nor does Mr. Millison identify which state's law applies to Allstate's state-law counterclaims. These deficiencies alone suggest Mr. Millison fails to meet his burden.
The thrust of Mr. Millison's arguments is Allstate's counterclaims are shams because they are based on his purported agreement or covenant not to sue Allstate, yet the rRelease, he contends, does not constitute a covenant not to sue. While we agree the Release does not expressly contain a covenant not to sue, Mr. Millison fails to demonstrate the Release does not implicitly contain a covenant not to sue.
i. There is a nonfrivolous argument suggesting the Release includes a covenant not to sue.
Mr. Millison makes five core arguments. First, Mr. Millison argues the court ofappeals for the Seventh Circuit in Isbell v. Allstate Insurance Company found the same Release we review today does not contain a covenant not to sue.43 Despite this finding, the court in Isbell did not discuss the governing body of law requiring such a construction of the Release, and we are not bound by the Seventh Circuit's decision. The district court in Isbell construed the
6

Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 7 of 12
Release as a covenant not to sue, which at least suggests Allstate's counterclaims might not be objectively baseless.44
While the Release does not expressly contain a covenant not to sue, we believe this omission does not end the analysis. There is persuasive authority suggesting a release may implicitly contain a covenant not to sue when the release relates to a future right. For example, Pennsylvania Supreme Court cited a treatise by contract law scholar Samuel Williston stating: "[T]here is no doubt in modem times that an attempted release of a future right must be construed as amounting at least to a covenant not to enforce the right whenever it arises."45 Similarly, the Ohio and Georgia Court of Appeals explained a release could imply a covenant not to sue if the release "speaks in terms of a future or contingent claim."46
Mr. Millison's Release could be construed as releasing a future claim. His Release applies to claims related to Mr. Millison's termination as captive agent and transition to an independent contractor. Both of these events occurred after Mr. Millison signed the Release, meaning the Release had the practical effect of releasing future claims. Without deciding the ultimate question of whether the Release constituted a covenant not to sue for the released claims, we find there is at least a nonfrivolous argument the Release implicitly contained a covenant not to sue to enforce a future right. We cannot conclude no reasonable litigant could realistically expect success on the merits of Allstate's counterclaims.
ii. Allstate did not admit its counterclaims are objectively baseless when it suggested Plaintiffs could challenge the validity of the Release.
Mr. Millison's second argument is Allstate admitted the Release did not bar him from suing Allstate. Although Allstate represented on several occasions the Release does not bar an agent from challenging its validity, this admission does not go so far as to constitute an admission its counterclaims are objectively baseless. To the extent the Release constitutes a
7

Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 8 of 12
covenant not to sue, such an agreement would only prohibit an agent from suing for the claims purportedly released. It would not bar an agent from suing to challenge the Release's validity. As Judge Buckwalter found, "[t]he Release does not purport to bar claims challenging the validity of the Release itself."47
We reject Mr. Millison's third argument for the same reason. Mr. Millison argues EEOC regulations prohibited Allstate from precluding the agents from challenging the validity of the ·Release. But even assuming the regulations contain such a prohibition, Allstate does not argue the Release barred challenges to its validity. This argument is meritless.
iii. Mr. Millison's remaining arguments lack merit. Mr. Millison' s fourth argument is Allstate's counterclaims "are not the type of claims courts allow to recover the consideration provided in exchange for a challenged release."48 Mr. Millison appears to suggest the only appropriate claims in this context are for restitution, recoupment, or set-off. He fails, however, to cite applicable authority specifically prohibiting Allstate's counterclaims. While restitution, recoupment, or set-off may be appropriate counterclaims, we lack authority enabling us to conclude as a matter of law these are the only permissible claims in this context. Mr. Millison's fifth argument is the case law cited by Allstate does not establish an objective basis. Even if this is true, this argument ignores the allocation of the burden of proof. While the cases cited by Allstate may not affirmatively demonstrate its counterclaims have an objective basis, it is Mr. Millison's burden to demonstrate Allstate's counterclaims are objectively baseless. He has failed to do so.
8

Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 9 of 12
III. Conclusion
In the accompanying Order, we grant Allstate's motion for summary judgment as to Mr.
Millison's ADEA and ERISA retaliation claims based on Allstate's allegedly retaliatory state
law counterclaims because Mr. Millison does not satisfy his burden of showing Allstate's
withdrawn counterclaims are objectively baseless.
1 Our Policies require a Statement of Undisputed Material Facts be filed in support of a Rule 56 motion, as well as an appendix of exhibits. Allstate filed its Statement of Undisputed Material Facts at ECF Doc. No. 1173. Allstate filed an appendix at ECF Doc. Nos. 1173-1 through 117352. Mr. Millison responded to Allstate's Statement of Undisputed Material Facts at ECF Doc. No. 1181. Mr. Millison added documents to the Appendix at ECF Doc. Nos. 1181-1 through 1181-45. Mr. Millison provided its own Statement of Additional Facts at ECF Doc. No. 1181 (starting on page 48). Allstate responded to Mr. Millison's Statement of Additional Facts at ECF Doc. No. 1191. References to the exhibits in the appendices shall be referred to by bates number, for example, "Appx. 1." 2 ECF Doc. No. 1181at~1. 3 Id. at~~ 3-4. The employee agreement is also referred to as an Rl 500 contract. 4 Appx. 1202, at pp. 9:07-11 :02. 5 Appx. 811. 6 Appx. 1202, at pp. 9:07-11 :02. Mr. Millison disputes whether he had a free, meaningful, viable choice. 7 Appx. 1202, at pp. 9:07-11 :02; ECF Doc. No. 1181 at~ 10. Mr. Millison disputes Allstate's characterization of Exclusive Agents as independent contractors. 8 Appx. 1202, at pp. 9:07-11 :02; ECF Doc. No. 1181 at~ 11. 9 Appx. 1097 at~ 19. This contract is also referred to as an R3001 agreement. 10 Appx. 1202, at pp. 9:07-11 :02. 11 ECF Doc. No. 1181 at~ 13. 12 Appx. 14. 13 Id.
9

Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 10 of 12
14 ECF Doc. No. 1181at~17. 15 Id. at ~~ 4, 22. 16 Id. at ~~ 23-24. 17 Id. at ~ 52. 18 29 U.S.C. § 621 et seq. 19 29 U.S.C. § 1001 et seq. 20 ECF Doc. No. 1. 21 ECF Doc. No. 9. 22 ECF Doc. No. 1181at~30. 23 ECF Doc. No. 49at 24. 24 ECF Doc. No. 1181at~33. 25 ECF Doc. No. 49 at 30. 26 Id. at 31-37. 27 ECF Doc. No. 1181at~67. 28 Id. at~ 83. 29 Id. at ~ 84. 30 ECF Doc. Nos. 851, 864. 31 ECF Doc. No. 1156. 32 Summary judgment is proper when there is no genuine dispute of material fact and the movant is entitled to a judgment as a matter of law. Fed.R.Civ.P. 56(a). A dispute as to a material fact is genuine if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). On a motion for summary judgment, "we view the underlying facts and all reasonable inferences therefrom in the light most favorable to the party opposing the motion." Mancini v. Northampton Cnty., 836 F.3d 308, 313 (3d Cir. 2016) (quoting Blunt v. Lower Merion Sch. Dist., 767 F.3d 247, 265 (3d Cir. 2014)). "The party seeking summary judgment 'has the burden of demonstrating that the evidentiary record presents no genuine issue of material fact."' Parke!! v. Danberg, 833 F.3d 313, 323 (3d Cir. 2016) (quoting Willis v. UPMC Children's Hosp. of Pittsburgh, 808 F.3d 638, 643 (3d Cir.
10

Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 11 of 12
2015)). If the movant carries its burden, "the nonmoving party must identify facts in the record that would enable them to make a sufficient showing on essential elements of their care for which they have the burden of proof." Willis, 808 F.3d at 643 (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)). "If, after adequate time for discovery, the nonmoving party has not met its burden, pursuant to Federal Rule of Civil Procedure 56, the court must enter summary judgment against the nonmoving party." Willis, 808 F.3d at 643 (citing Celotex Corp., 477 U.S. at 322-323).
33 Barnes Found. v. Twp. of Lower Merion, 242 F.3d 151, 159 (3d Cir. 2001); see generally Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 (1961), and United Mine Workers v. Pennington, 381 U.S. 657 (1965).
34 Barnes Found., 242 F.3d at 159.
35 Klatch-Maynard v. Sugarloaf Twp. , No. 06-845, 2010 WL 5789390, at *6 (M.D. Pa. Nov. 8, 2010) (quoting Schneck v. Saucon Valley School District, 340 F.Supp.2d 558, 572-573 (E.D. Pa. 2004) (internal citations omitted)), objections overruled, 2011 WL 532168, at *5 (M.D. Pa. Feb. 8, 2011). 36 Cheminor Drugs, Ltd. v. Ethyl Corp., 168 F.3d 119, 130 (3d Cir. 1999); see also Bill Johnson's Restaurants, Inc. v. N.L.R.B., 461 U.S. 731, 743 (1983) ("Just as false statements are not immunized by the First Amendment right to freedom of speech, baseless litigation is not immunized by the First Amendment right to petition.").
37 BE & K Const. Co. v. N.L.R.B., 536 U.S. 516, 531 (2002); Cheminor Drugs, Ltd., 168 F.3d at 122-23.
38 See Beltran v. Brentwood N. Healthcare Ctr., LLC, 426 F. Supp. 2d 827, 834 (N.D. Ill. 2006).
39 ECF Doc. No. 1172-1 at 13; ECF Doc. No. 1180 at 12.
40 ECF Doc. No. 1172 at 1.
41 ECF Doc. No. 1190 at 7.
42 See Judon v. Travelers Prop. Cas. Co. ofAm., 773 F.3d 495, 503 n.6 (3d Cir. 2014) ("A fact asserted in a pleading, which is both unequivocal and which would normally require evidentiary proof, constitutes a judicial admission."); cf Com. of Pa. ex rel. Zimmerman v. PepsiCo, Inc., 836 F.2d 173, 181 (3d Cir. 1988) ("[T]he legal theories set forth in [a claimant's] brief are helpful only to the extent that they find support in the allegations set forth in the complaint.").
43 Isbell v. Allstate Ins. Co., 418 F.3d 788, 797 (7th Cir. 2005).
44 Id.
11

Case 2:01-cv-03894-MAK Document 1218 Filed 09/05/17 Page 12 of 12 45 Caplan v. City of Pittsburgh, 100 A.2d 380, 383 (Pa. 1953) (quoting 6 WILLISTON ON CONTRACTS§ 1823, p. 5164 (undated)). 46 Zivich v. Mentor Soccer Club, Inc., No. 95-L-184, 1997 WL 203646, at *8 (Ohio Ct. App. Apr. 18, 1997) (citation omitted); Cash v. St. & Trail, Inc., 221 S.E.2d 640, 641 (Ga. App. 1975) (citation omitted). 47 Romero v. All'state Ins. Co., 1 F. Supp. 3d 319, 396 (E.D. Pa. 2014). 48 ECF Doc. No. 1180 at 15.
12

 
 Case 2:01-cv-03894-MAK Document 1220 Filed 09/05/17 Page 1 of 7

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al.,

Plaintiffs,

CIVIL ACTION

v.

NO. 01-3894

ALLSTATE INSURANCE COMPANY, et al.,
Defendants.

CONSOLIDATED WITH
NO. 01-6764 (Romero II) NO. 03-6872 (Romero III) NO. 15-1049 (Abell) NO. 15-2602 (Tabor) NO. 15-3047 (Anzivine)

MEMORANDUM

KEARNEY,J.

September 5, 2017

Pennsylvania employees challenging their employer's alleged age discrimination must

first file an administrative claim with the Equal Employment Opportunity Commission within

300 days of notice of the adverse employment action. In certain limited contexts, employees

who did not timely file an administrative claim can rely upon a timely administrative claim

brought by a representative employee on their behalf. But the representative claim must be

timely filed. When, as' here, there is no evidence of a timely filed administrative claim, we must

enter summary judgment on the age discrimination claim in the former employer's favor as the

employees failed to exhaust the administrative process before filing suit.

I.

Undisputed Facts1

Allstate Insurance Company sells insurance and related products and services.2 Joseph

Eckert, Steven Evans, Philip Metcalfe, Craig Millison, Paula Schott, and Stanley Suwala are former Allstate employee insurance agents domiciled in this District.3

Case 2:01-cv-03894-MAK Document 1220 Filed 09/05/17 Page 2 of 7
On November 10, 1999, Allstate announced the Preparing for the Future Program, which effectively reorganized its sales force. 4 Under the Program, Allstate represented it would transition approximately 6,500 of its captive sales agents to one independent contractor exclusive agency program.5 On November 16, 1999, Allstate advised its agents they would be terminated on June 30, 2000 unless they signed a release and agreed to a new contract with Allstate.6
Almost a year after this notice, Mr. Evans, Mr. Suwala, Ms. Schott, and Mr. Millison filed charges of discrimination from October through December 2000 with the Equal Employment Opportunity Commission ("EEOC"). They alleged "Allstate's requirement that I release all claims I may have under the" Age Discrimination in Employment Act ("ADEA'')7 is unlawful retaliation under the ADEA. 8 In February and March 2001, Mr. Millison, Ms. Schott, Mr. Evans, and Mr. Suwala filed more charges of discrimination alleging Allstate "adopted and implemented" the Program "to get rid of older employee-agents because of their age."9 Mr. Eckert and Mr. Metcalfe did not file charges of discrimination with the EEOC. 10
On August 1, 2001, Mr. Millison and other Allstate agents excluding Mr. Eckert, Mr. Evans, Mr. Metcalfe, Ms. Schott, and Mr. Suwala ("Mr. Millison and others") sued Allstate for, among other claims, intentional age discrimination under the ADEA. Mr. Millison and others sought certification to proceed as a collective action to pursue claims for intentional age discrimination. Mr. Eckert, Mr. Evans, Mr. Metcalfe, Ms. Schott, and Mr. Suwala later joined the lawsuit to pursue their own claims of intentional age discrimination under the ADEA.
II. Analysis Allstate moves for summary judgment on these six Phase III Plaintiffs' ADEA disparate
treatment claims, arguing they failed to exhaust administrative remedies by failing to file charges of discrimination with the EEOC. 11 The Phase III Plaintiffs argue they are excused from the
2

Case 2:01-cv-03894-MAK Document 1220 Filed 09/05/17 Page 3 of 7
administrative exhaustion requirement under a judicially created exception called the single filing rule. They also argue their filed charges are timely under the tolling doctrine. Plaintiffs' arguments lack merit and we must dismiss their ADEA disparate impact claims for failing to timely file in the administrative process. 12
A. Plaintiffs failed to exhaust their administrative remedies, and we cannot excuse their failure to exhaust under the single filing rule. Under the ADEA, a Pennsylvania citizen must file a charge of discrimination within 300
days of receiving notice of the challenged employment action.13 "Ordinarily, a complainant who fails to file a timely charge is barred from seeking relief."14 Our court of appeals recognizes a judge-made exception to this exhaustion requirement called the single filing or "piggybacking" rule. 15 Under this rule, as applied to collective actions under the ADEA, "plaintiffs who had not filed charges with the EEOC could opt into an ADEA class action suit only if the original complainant's EEOC charge gave the employer notice of class-based age discrimination."16
In Whalen, our court of appeals clarified the single filing rule does not excuse plaintiffs joined under the civil permissive joinder rules from satisfying the. administrative exhaustion requirement. 17 In Whalen, five plaintiffs-who timely filed charges of discrimination under the ADEA-brought an action in federal court seeking relief for their individual claims. 18 During the litigation, the five plaintiffs moved to amend their complaint and add four new plaintiffs even though these prospective plaintiffs had not timely filed charges with the EEOC. 19 The original plaintiffs argued the single filing rule excused the prospective plaintiffs from filing a timely charge because they could "piggyback" onto the original plaintiffs' timely EEOC charges.20 The district court allowed amendment, holding "the single filing rule applies to ADEA class and nonclass actions alike."21
3

Case 2:01-cv-03894-MAK Document 1220 Filed 09/05/17 Page 4 of 7
Our court of appeals reversed, explaining the single filing rule is limited to the context of class and collective actions, and cannot be used to excuse the exhaustion requirement for the "four new party plaintiffs who had failed to pursue administrative remedies. ,m The single filing rule "provides plaintiffs the option of seeking class certification and prospective plaintiffs who failed to seek a timely administrative remedy for their alleged injury the opportunity to opt into the class. When, however, plaintiffs choose to bring suit individually, they must first satisfy the prerequisite of filing a timely EEOC charge."23 Because the original five plaintiffs did not bring
I
a collective action and the four prospective plaintiffs could not "have filed written consents 'opting into' such an action," the prospective plaintiffs could not rely on the single filing rule.24
These Phase III Plaintiffs did not timely file charges with the EEOC. On November 16, 1999, Allstate notified Plaintiffs they would be terminated on June 30, 2000. This notice triggered the running of the statute of limitations under controlling law.25 To timely exhaust administrative remedies, these Plaintiffs had to file their EEOC charges alleging disparate treatment based on age within 300 days of November 16, 1999 - no later than September 11, 2000. These Plaintiffs filed charges alleging disparate treatment based on age in February and March 2001, well after the September 11, 2000 deadline. Plaintiffs' EEOC charges are untimely.
Plaintiffs cannot rely on the single filing rule to excuse their untimely administrative charges. Plaintiffs elected to bring individual actions. Because Plaintiffs elected to join the lawsuit and pursue individual claims, the law required them to first exhaust administrative remedies. They did not do so. They can no longer "opt-in" to a collective action because they assumed the roles of plaintiffs to pursue their individual claims. We dismiss their ADEA disp~ate treatment claims as untimely.26
4

Case 2:01-cv-03894-MAK Document 1220 Filed 09/05/17 Page 5 of 7
B. The tolling doctrine does not apply.
Plaintiffs Evans, Millison, Schott, and Suwala argue they satisfy the timeliness
requirement because the collective action Complaint filed by Mr. Millison and others tolled the
charge filing period. We disagree. While it is true the filing of a collective action complaint tolls the ADEA's limitations period,27 Mr. Millison and others filed the original Complaint on August
1, 2001, well after the 300-day deadline for filing a charge with the EEOC - September 11, 2000.
Tolling cannot apply to save Plaintiffs' claims.
III. Conclusion
We grant Allstate's motion for summary judgment on the six Phase III Plaintiffs' ADEA
disparate treatment claims because these six Plaintiffs failed to timely file charges of
discrimination with the EEOC. These Phase III Plaintiffs cannot rely on the single filing rule to
resuscitate their claims because they elected to bring individual claims. Nor can they rely on the
inapplicable tolling doctrine. We dismiss the Phase III Plaintiffs' ADEA disparate treatment
claims in the accompanying order.
10ur Policies require a Statement of Undisputed Material Facts be filed in support of a Rule 56 motion, as well as an appendix of exhibits. Allstate filed its Statement of Undisputed Material Facts at ECF Doc. No. 1175. Allstate filed an appendix at ECF Doc. Nos. 1175-3 through 117523. Plaintiffs responded to Allstate's Statement of Undisputed Material Facts at ECF Doc. No. 1185. Plaintiffs added documents to the Appendix at ECF Doc. Nos. 1185-1 through 1185-85. Plaintiffs provided their own Statement of Additional Facts at ECF Doc. No. 1185 (starting on ECF page 41). Allstate responded to Plaintiffs' Statement of Additional Facts at ECF Doc. No. 1193. References to the exhibits in the appendices shall be referred to by Bates number, for example, "Appx. l ." 2 ECF Doc. No. 1185 at~ 1. Plaintiffs also sued the Allstate Corporation. For ease ofreference, we refer to Defendants as Allstate. 3 ECF Doc. No. 1185, ~ 3. This litigation involves hundreds of plaintiffs with no relationship to this District. We are only reviewing claims for Plaintiffs in Phase III of this litigation under our June 16, 2017 Order. ECF Doc. No. 1156. Our ruling today concerns only these six Plaintiffs, all of whom are domiciled in this District.
5

Case 2:01-cv-03894-MAK Document 1220 Filed 09/05/17 Page 6 of 7
4 Appx. 1202, at pp. 9:07-11 :02.
5 Appx. 811.
6 Appx. 1919, at pp. 9:13-10:20.
7 29 U.S.C. § 621 et seq.
8 Appx. 248-49, 253-54, 259-60, 264-65.
9 Appx. 247, 252-53, 257, 263.
10 ECF Doc. No. 1185 at iJ 23.
11 Summary judgment is proper when there is no genuine dispute of material fact and the movant is entitled to a judgment as a matter of law. Fed.R.Civ.P. 56(a). A dispute as to a material fact is genuine if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). On a motion for summary judgment, "we view the underlying facts and all reasonable inferences therefrom in the light most favorable to the party opposing the motion." Mancini v. Northampton Cnty., 836 F.3d 308, 313 (3d Cir. 2016) (quoting Blunt v. Lower Merion Sch. Dist., 767 F.3d 247, 265 (3d Cir. 2014)). "The party seeking summary judgment 'has the burden of demonstrating that the evidentiary record presents no genuine issue of material fact."' Parke!! v. Danberg, 833 F.3d 313, 323 (3d Cir. 2016) (quoting Willis v. UPMC Children's Hosp. of Pittsburgh, 808 F.3d 638, 643 (3d Cir. 2015)). If the movant carries its burden, "the nonmoving party must identify facts in the record that would enable them to make a sufficient showing on essential elements of their care for which they have the burden of proof." Willis, 808 F.3d at 643 (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)). "If, after adequate time for discovery, the nonmoving party has not met its burden, pursuant to Federal Rule of Civil Procedure 56, the court must enter summary judgment against the non.moving party." Willis, 808 F.3d at 643 (citing Celotex Corp., 477 U.S. at 322-323).
12 We deferred on this same exhaustion issue in granting Allstate's motion for summary judgment on the ADEA disparate impact theory due to the individualized issues. ECF Doc. No. 1128 at 19. At this Phase III stage, we now address only those Plaintiffs domiciled in this District although, as referenced in note 26 below, the parties do not proffer a basis to find a timely EEOC filing by a former employee and even if there is one, it does not affect our decision today.
13 Watson v. Eastman Kodak Co., 235 F.3d 851, 854-55 (3d Cir. 2000) (citing 29 U.S.C. § 626(d)(2)); see also id. at 852~53 (citing Delaware State College v. Ricks, 449 U.S. 250 (1980)) ("[T]he Supreme Court held that an adverse employment action occurs, and the statute of limitations therefore begins to run, at the time the employee receives notice of that action and termination is a delayed but inevitable result.").
6

Case 2:01-cv-03894-MAK Document 1220 Filed 09/05/17 Page 7 of 7
14 Whalen v. W.R. Grace & Co., 56 F.3d 504, 506 (3d Cir. 1995) (citing Lockhart v. Westinghouse Credit Corp., 879 F.2d 43, 52 (3d Cir. 1989)). 15 Ruehl v. Viacom, Inc., 500 F.3d 375, 385 (3d Cir. 2007) (citing Commc 'ns Workers ofAm. v. New Jersey Dep 't ofPers., 282 F.3d 213, 217 (3d Cir. 2002)). 16 Whalen, 56 F.3d at 506-07 (quoting Lockhart, 879 F.2d at 52-53) (emphasis in original). 17 Id. at 507. 18 Id. at 505. 19 Id. 20 Id. at 506. 21 Id. 22 Id. at 507. 23 Id. 24 Id. 25 See Watson, 235 F.3d at 852-53. 26 Neither party identifies an agent domiciled outside our District who timely filed an EEOC charge seeking collective action relief for intentional age discrimination. Even if an agent outside our District timely filed a charge, this would not change our analysis because the Phase III Plaintiffs elected to pursue individual claims as party plaintiffs, rendering the single filing rule inapplicable to them. 27 Sperling v. Hoffmann-La Roche, Inc., 24 F.3d 463, 472 (3d Cir. 1994).
7

 
 Case 2:01-cv-03894-MAK Document 1271 Filed 01/29/18 Page 1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

GENE R. ROMERO, et al., Plaintiffs,
v.
ALLSTATE INSURANCE COMPANY, et al.,
Defendants.

CIVIL ACTION
NO. 01-3894
CONSOLIDATED WITH
NO. 01-6764 (Romero II) NO. 03-6872 (Romero III) NO. 15-1049 (Abell) NO. 15-3047 (Anzivine)

MEMORANDUM

KEARNEY,J.

January 29, 2018

Seventeen years ago, approximately thirty Allstate insurance agents filed two putative

class actions against Allstate Insurance Company; Romero, et al. v. Allstate Ins. Co., et al., No.

01-3894 ("Romero I") and Romero, et al. v. Allstate Ins. Co., et al., No. 01-6764 ("Romero If').

In 2015, after two appeals, over 400 additional agents intervened or became named plaintiffs in

Romero I

Upon reassignment to us in 2016, we consolidated all actions to resolve common issues

under the Age Discrimination in Employment Act ("ADEA''), 26 U.S.C. § 621 et seq., and the

Employee Retirement Income Security Act, ("ERISA"), 29 U.S.C. § 1001 et seq. Consistent with our Order, Plaintiffs filed a consolidated amended complaint ("Complaint")1 asserting

fourteen claims against Allstate and Edward Liddy, Allstate's former President and Chief

Executive Officer (collectively "Allstate").

Today, we address Allstate's motion for partial summary judgment on Counts XI through

Case 2:01-cv-03894-MAK Document 1271 Filed 01/29/18 Page 2 of 8
XIV of the Complaint alleging retaliation in violation of ADEA and ERISA. Consistent with our earlier Orders, we grant in part and deny in part Allstate's motion.
I. Undisputed Facts2 This case revolves around Allstate's November 1999 decision to transition over 6,200
employee agents to independent contractor status in Allstate's "Preparing for the Future Program" (the "Program").3 Allstate offered its agents four options under the Program: (1) sign a release (the "Release") and continue as an independent contractor with no benefits or job security; (2) sign the Release, continue as an independent contractor for thirty days, and then sell their book of business to an Allstate-approved buyer; (3) sign the Release, leave Allstate, and receive a year's salary as severance; and (4) leave Allstate without signing the Release and receive a base severance of up to thirteen weeks' commission.4
In 2001, the original Romero I Plaintiffs filed their action in this district alleging the Program violated ADEA and ERISA, gave rise to common law breach of contract and breach of fiduciary duty claims, and sought declaratory judgment invalidating the Release. In its answer to the original complaint, Allstate raised the Release as an affirmative defense and asserted counterclaims against Plaintiffs for unjust enrichment, fraud, negligent misrepresentation, and breach of the duty of good faith and fair dealing (the "Counterclaims").5
After Allstate asserted its Counterclaims, twenty-eight Romero I plaintiffs filed a new action against Allstate in 2003 alleging the Counterclaims constituted retaliation in violation of ADEA and ERISA, Romero, et al. v. Allstate Ins. Co., et al., No. 03-6872 ("Romero III"). Plaintiffs alleged Allstate's Counterclaims were in retaliation for filing charges of discrimination and retaliation with the EEOC and for challenging the Release in the Romero I litigation. The Romero III claims of retaliatory Counterclaims are now encompassed in Counts XI and XII of
2

Case 2:01-cv-03894-MAK Document 1271 Filed 01/29/18 Page 3 of 8
the consolidated Complaint and also include additional allegations of retaliation on behalf of Romero III Plaintiffs Richard Carrier, Paul Cobb, Anthony Wiktor, Dwight English,6 and Ron Harper. Counts XIII and XIV are brought on behalf of Richard Carrier alleging additional retaliation taken against him.
A. Our October 30, 2017 case management order. On October 30, 2017 we held a status conference with counsel to discuss the progress of a potential resolution of the remaining claims of out-of-District Plaintiffs. Our conference resulted in a case management order and provided "[n]othing in this Order precludes a party, if warranted, from moving for summary judgment on perceived common issues if the expense and time may, in good faith, result in narrowing the disparate remaining issues."7 Allstate files its current motion for summary judgment based on our October 30, 2017 Order contending its motion "has the potential to significantly narrow the remaining claims in this litigation."
B. Our September 5, 2017 Order finding Allstate's Counterclaims are not retaliatory.
The first part of Allstate's motion is based on our earlier summary judgment decision issued in this phased litigation. In June 2017, we entered an order setting for trial the remaining claims of eight Plaintiff citizens of this District.8 Of the eight in-District Plaintiffs, only Craig Millison asserted ADEA and ERISA retaliation based on the Counterclaims. Allstate moved for summary judgment on Mr. Millison's retaliation claims asserted in Counts XI and XII.9
On September 5, 2017, we entered an order and opinion granting Allstate's motion for summary judgment as to Mr. Millison's retaliation claims ("Millison Opinion"). 10 In the Millison Opinion, we applied the Noerr-Pennington doctrine which confers immunity to all forms of government petitioning including the "filing, pursuing and participating in a civil lawsuit" as protected by the First Amendment.11 There is an exception to the Noerr-Pennington doctrine
3

Case 2:01-cv-03894-MAK Document 1271 Filed 01/29/18 Page 4 of 8
where litigation is a sham demonstrated by showing a claim is (1) "objectively baseless" and (2) "subjectively motivated by an unlawful purpose."12 Applying the sham exception test, we concluded Mr. Millison failed to meet his burden of showing the Counterclaims are objectively baseless. In so finding, we did not reach the second question of Allstate's subjective motivation and granted summary judgment in Allstate's favor.
Allstate argues we should apply our Millison Opinion to the remaining twenty-seven Romero III Plaintiffs asserting retaliation claims based on Allstate's Counterclaims.
C. Plaintiffs Carrier, Cobb, Wiktor, English, and Harper's claims of retaliation in addition to the Counterclaims.
The second part of Allstate's motion seeks summary judgment on retaliation claims alleged by five Romero III Plaintiffs: Messrs. Carrier, Cobb, Wiktor, English, and Harper. These Plaintiffs allege additional acts of retaliation by Allstate based on various interferences with their businesses in violation of ADEA and ERISA. Allstate moves for summary judgment on these additional acts of retaliation arguing the five Plaintiffs failed to exhaust their administrative remedies through an EEOC filing.
There is no dispute Allstate Insurance Company is an Illinois corporation; 13 The Allstate Corporation is a Delaware corporation with a principal place of business in Illinois; 14 Mr. Carrier is a resident of the Southern District of Texas; 15 Mr. Cobb is a resident of the Southern District of Florida; 16 Mr. English resided in the Eastern District of Tennessee at the time of his death;17 Mr. Harper is a resident of the Southern District of Georgia; 18 and Mr. Wiktor is a resident of the Middle District of Pennsylvania. 19
II. Analysis20 Allstate argues partial summary judgment should be entered in its favor because (1) the
Millison Opinion is law of the case and (2) Messrs. Carrier, Cobb, Wiktor, English, and Harper
4

Case 2:01-cv-03894-MAK Document 1271 Filed 01/29/18 Page 5 of 8
failed to administratively exhaust their ADEA retaliation claims. A. We will not reconsider the Millison Opinion.
Allstate argues the Millison Opinion is law of the case and should be applied to all Romero III Plaintiffs in Counts XI and XII and to Richard Carrier in Counts XIII and XIV. Allstate argues because the Millison Opinion is grounded on an interpretation of the Release signed by all Romero III Plaintiffs, there are no issues of disputed fact the Counterclaims are not objectively baseless and the Millison Opinion must extend to all Romero III Plaintiffs.
Plaintiffs respond the law of the case doctrine does not apply here because the Millison Opinion is "clearly erroneous and would create manifest injustice," one of the "extraordinary circumstances" where "the doctrine does not preclude our reconsideration of previously decided issues."21 Plaintiffs identify numerous errors in our Millison Opinion which they contend would create manifest injustice if applied to all Romero III Plaintiffs. Although Plaintiffs never sought reconsideration of the Millison Opinion, they effectively request reconsideration now. We decline to consider an untimely motion for reconsideration.
We will apply our Millison Opinion to the portions of the Complaint alleging the Counterclaims violate the ADEA and ERISA. Our Millison Opinion addressed a common issue; whether Allstate's Counterclaims are objectively baseless. This is a common issue contemplated by our October 30, 2017 Order and applies to all Romero III Plaintiffs alleging Allstate's Counterclaims constitute unlawful retaliation in violation of the ADEA and ERISA. In the accompanying order we grant summary judgment in favor of Allstate as to any claim asserted by the Romero III Plaintiffs for retaliation in violation of the ADEA and ERISA based on the Counterclaims.
5

Case 2:01-cv-03894-MAK Document 1271 Filed 01/29/18 Page 6 of 8
B. Whether Messrs. Carrier, Cobb, English, Harper, and Wiktor administratively exhausted their additional claims of retaliation is not a common issue and will not be decided today.
Allstate's second argument focuses on the additional allegations of retaliatory actions taken by Allstate against Messrs. Carrier, Cobb, English, Harper, and Wiktor in violation of the ADEA. Allstate contends these five Romero III Plaintiffs failed to exhaust their administrative remedies on their additional claims of retaliation (retaliation in addition to the Counterclaims) occurring after the five filed EEOC charges in 2000 and 2002. Allstate concedes each of the five Plaintiffs filed EEOC charges but argues none of the additional allegations of retaliation are within the scope of the earlier EEOC charges and "most" are untimely and fail as a matter of law.
Plaintiffs respond summary judgment should be denied because filing EEOC charges to include the additional retaliatory acts would have been futile and, even if not futile, the additional retaliatory actions are "fairly encompassed" within the scope of the earlier EEOC charges.
We decline to resolve Allstate's motion at this time. Our October 30, 2017 Order permitted motions for summary judgment on common issues. Whether Messrs. Carrier, Cobb, English, Harper, and Wiktor - five out-of-District Romero III Plaintiffs - administratively exhausted their additional claims of retaliation require individualized analysis including whether each of their individual additional claims are excused under the futility exception to the administrative exhaustion requirement or whether, even if not futile, their individual claims of retaliation are fairly within the scope of their earlier EEOC charges. We decline to presently resolve the individualized issues of these out-of-District Plaintiffs.
6

Case 2:01-cv-03894-MAK Document 1271 Filed 01/29/18 Page 7 of 8
III. Conclusion
In the accompanying order, we grant summary judgment in favor of Allstate on the
Romero Plaintiffs' claims the Counterclaims violate the ADEA and ERISA. We deny Allstate's
motion for summary judgment on the additional claims of retaliation alleged by Messrs. Carrier,
Cobb, English, Harper, and Wiktor without prejudice.
1 ECF Doc. No. 864. 2 Our policies require a Rule 56 movant to file a Statement of Undisputed Material Facts as well as an appendix of exhibits. Allstate filed its Statement of Undisputed Material Facts and Appendix at ECF Doc. No. 1249. Plaintiffs responded to Allstate's Statement of Undisputed Material Facts and provided their own Statement of Additional Material Facts at ECF Doc. No. 1259-1. Plaintiffs also added documents to the Appendix at ECF Doc. No. 1260. Allstate responded to Plaintiffs' Statement of Additional Facts and added additional exhibits to the Appendix at ECF Doc. No. 1264, and filed a reply brief at ECF Doc. No. 1263. 3 A more detailed account of the history of Allstate's Program is contained in our April 27, 2017 (ECF Doc. No. 1128) and September 5, 2017 memoranda (ECF Doc. No. 1218). 4 Although Plaintiffs dispute the terms used to describe the four options - including the word "option" - they do not dispute generally the four alternatives available to agents under the
Program. See ECF Doc. No. 1259-1 at i!i! 33-37.
5 Allstate did not assert Counterclaims to the Second Amended Complaint in Romero I The Counterclaims are no longer pending.
6 Dwight English is deceased and represented by A. Burton English. ECF Doc. No. 1259-1 at i!
10. 7 ECF Doc. No. 1241 (emphasis added). 8 ECF Doc. No. 1156. Our earlier decisions on the parties' dispositive motions, a bench trial on certain common claims under ERISA, and settlement of some Plaintiffs' claims, including the claims of all Plaintiffs located in this District, reduced the number of remaining claims to the state law breach of contract and breach of fiduciary duty claims and Counts XI through XIV. 9 ECF Doc. No. 1172. io ECF Doc. Nos. 1218, 1219.
7

Case 2:01-cv-03894-MAK Document 1271 Filed 01/29/18 Page 8 of 8
11 ECF Doc. No. 1218 at 5. 12 Id
13 ECF Doc. No. 1259-1 at~ 1. 14 Id. at~ 2. 15Id. at~ 6. 16 Id. at~7. 17 Id. at~ 10. 18 Id. at~ 11. 19 Id. at~ 28. 20 Summary judgment is proper when "the movant shows that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(a). "Material facts are those 'that could affect the outcome' of the proceeding, and 'a dispute about a material fact is 'genuine' if the evidence is sufficient to permit a reasonable jury to return a verdict for the non-moving party."' Pearson v. Prison Health Serv., 850 F.3d 526, 534 (3d Cir. 2017) (quoting Lamont v. New Jersey, 637 F.3d 177, 181 (3d Cir. 2011)). On a motion for summary judgment, "we view the facts and draw all reasonable inferences in the light most favorable to the nonmovant." Pearson, 850 F.3d at 533-34 (3d Cir. 2017) (citing Scott v. Harris, 550 U.S. 372, 378 (2007)). "The party seeking summary judgment 'has the burden of demonstrating that the evidentiary record presents no genuine issue of material fact."' Parkell v. Danberg, 833 F.3d 313, 323 (3d Cir. 2016) (quoting Willis v. UPMC Children's Hosp. of Pittsburgh, 808 F.3d 638, 643 (3d Cir. 2015)). If the movant carries its burden, "the nonmoving party must identify facts in the record that would enable them to make a sufficient showing on essential elements of their care for which they have the burden of proof." Willis, 808 F.3d at 643 (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)). "If, after adequate time for discovery, the nonmoving party has not met its burden, pursuant to Federal Rule of Civil Procedure 56, the court must enter summary judgment against the nonmoving party." Willis, 808 F.3d at 643 (citing Celotex Corp., 477 U.S. at 322-323). 21 In re City ofPhi/a. Litig., 158 F.3d 711, 718 (3d Cir. 1998) (citing Pub. Interest Research Grp. ofNJ v Magnesium Elektron, Inc., 123 F.3d 111, 116-17 (3d Cir. 1997)).
8

 
 Case 2:01-cv-03894-MAK Document 1391 Filed 05/21/18 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

:

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

:

ALLSTATE INSURANCE COMPANY, :

:

et al.,

:

:

Defendants

:

:

CIVIL ACTION NO. 01-3894-MAK
CONSOLIDATED WITH: NO. 01-6764 (Romero II) NO. 03-6872 (Romero III) NO: 15-1049 (Abell) NO. 15-3047 (Anzivine)

STIPULATION AND NOTICE OF DISMISSAL OF THE CLAIMS OF KATHARINE ADAMS-LOVE PURSUANT TO LOCAL RULE 41.1(b)
Pursuant to Local Rule 41.1(b), the parties, by and through their undersigned counsel, hereby notify the Court that Romero/Abell Plaintiff Katharine Adams-Love has reached an agreement in principle to settle with Defendants Allstate Insurance Company, The Allstate Corporation, The Agents Pension Plan, and the Administrative Committee (collectively, the “Allstate Defendants”), and Defendant Edward M. Liddy. As a consequence, the parties respectfully request that the Court enter an order voluntarily dismissing the claims of Katharine Adams-Love with prejudice, without costs, pursuant to the agreement of counsel and Local Rule 41.1(b). The claims of the remaining Plaintiffs, including the remaining Romero/Abell Plaintiffs, are not affected by this Stipulation.

Case 2:01-cv-03894-MAK Document 1391 Filed 05/21/18 Page 2 of 4

Dated: May 21, 2018
/s/ Katherine M. Katchen Richard C. Godfrey, P.C. Scott W. Fowkes, P.C. Hariklia (“Carrie”) Karis, P.C. Erica B. Zolner Jordan M. Heinz Tia T. Trout-Perez KIRKLAND & ELLIS LLP 300 North LaSalle Chicago, IL 60654 Telephone: (312) 862-2000 Facsimile: (312) 862-2200
Peter A. Bellacosa KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, NY 10022 Telephone: (212) 446-4800 Facsimile: (212) 446-4900
Katherine Menapace Katchen (I.D. No. 80395) AKIN GUMP STRAUSS HAUER & FELD LLP 2001 Market Street, Suite 4100 Philadelphia, PA 19103 Telephone: (215) 965-1200 Facsimile: (215) 965-1210
Attorneys for Allstate Defendants
John B. Langel (I.D. No. 20714) Christopher T. Cognato (I.D. No. 306506) BALLARD SPAHR LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103 Telephone: (215) 864-8227
Attorneys for Defendant Edward M. Liddy

Respectfully submitted,
/s/ Coleen M. Meehan Coleen M. Meehan (ID No. 39765) William P. Quinn, Jr. (I.D. No. 39083) David W. Marston, Jr. (I.D. No. 84399) Brian M. Ercole (ID No. 91591) Marisel Acosta (ID No. 89696) Jacqueline C. Gorbey (ID No. 312041) MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 Telephone: (215) 963-5000 Facsimile: (215) 963-5001
Plaintiffs’ Liaison Counsel Counsel for the Romero/Abell Plaintiffs
Michael D. Lieder (admitted pro hac) Law Office of Michael D. Lieder 1250 Connecticut Avenue, N.W. Suite 300 Washington D.C. 20005 Telephone: (202) 446-1909 Facsimile: (202) 822-4997
Mary Ellen Signorille (admitted pro hac vice) AARP Foundation Litigation 601 E Street, N.W. Washington, D.C. 20049 Telephone: (202) 434-2060 Facsimile: (202) 824-0955
Counsel for the Romero/Abell Plaintiffs
Sidney L. Gold (ID No. 21374) SIDNEY L. GOLD & ASSOCIATES, P.C 1835 Market St., #515 Philadelphia, PA 19103 Telephone 215-569-1999 Facsimile 215-569-3870

2

Case 2:01-cv-03894-MAK Document 1391 Filed 05/21/18 Page 3 of 4 Sara Wyn Kane (admitted pro hac vice) Robert J. Valli, Jr. (admitted pro hac vice) Valli Kane & Vagnini, LLP 600 Old Country Road, Suite 519 Garden City, New York 11530 Telephone: 516-203-7180 Counsel for Anzivine Plaintiffs
3

Case 2:01-cv-03894-MAK Document 1391 Filed 05/21/18 Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on May 21, 2018, a true and correct copy of the foregoing Stipulation and Notice of Dismissal was served via ECF and electronic email on all counsel of record.

Date: May 21, 2018

/s/ Coleen M. Meehan

Case 2:01-cv-03894-MAK Document 1391-1 Filed 05/21/18 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

:

GENE R. ROMERO, et al.,

:

:

Plaintiffs,

:

:

v.

:

:

:

:

ALLSTATE INSURANCE COMPANY, :

:

et al.,

:

:

Defendants

:

:

CIVIL ACTION NO. 01-3894-MAK
CONSOLIDATED WITH: NO. 01-6764 (Romero II) NO. 03-6872 (Romero III) NO: 15-1049 (Abell) NO. 15-3047 (Anzivine)

ORDER AND NOW, this ___ day of _________, 2018, the parties having reported that Romero/Abell Plaintiff Katharine Adams-Love has agreed in principle to settle her claims against Defendants Allstate Insurance Company, The Allstate Corporation, The Agents Pension Plan, and the Administrative Committee (collectively, the “Allstate Defendants”), and Defendant Edward M. Liddy, it is ORDERED that:
The claims of Katharine Adams-Love are dismissed with prejudice, without costs, pursuant to an agreement of counsel and Local Rule 41.1(b).

By the Court:

_________________________________ KEARNEY, J.

 
 Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 1 of 745
SEALDC,SEAL−ORD,CLOSED,LEAD,MOTREF,SPECIAL
United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:01−cv−03894−MAK

ROMERO, et al v. ALLSTATE INSURANCE, et al Assigned to: HONORABLE MARK A. KEARNEY Demand: $0 related Cases: 2:15−cv−03047−MAK
2:15−cv−02961−MAK 2:15−cv−01190−MAK 2:03−cv−06872−MAK 5:15−cv−01049−MAK 2:15−cv−02602−MAK Case in other court: PHILADELPHIA, 08−01122 Cause: 29:1145 E.R.I.S.A. Plaintiff

Date Filed: 08/01/2001 Date Terminated: 10/31/2018 Jury Demand: Plaintiff Nature of Suit: 791 Labor: E.R.I.S.A. Jurisdiction: Federal Question

GENE R. ROMERO TERMINATED: 08/17/2018

represented by JOHN V. GORMAN MORGAN LEWIS & BOCKIUS 1701 MARKET STREET PHILA, PA 19103−2921 Email: jgorman@morganlewis.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

MICHAEL D. LIEDER SPRENGER & LANG 1400 EYE ST NW STE 500 WASHINGTON, DC 20005 202−265−8010 Email: mlieder@findjustice.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

MICHAEL WILSON MORGAN LEWIS & BOCKIUS LLP 1111 PENNSYLVANIA AVE. N.W. WASHINGTON, DC 20004 202−739−5754 LEAD ATTORNEY ATTORNEY TO BE NOTICED

PAUL D. WELLER MORGAN LEWIS & BOCKIUS LLP 1701 MARKET ST PHILADELPHIA, PA 19103 215−963−5530 TERMINATED: 06/09/2016 LEAD ATTORNEY

STEVEN H. DOTO LAULETTA, BIRNBAUM, LLC. 591 MANTUA BLVD SUITE 200 SEWELL, NJ 08080 856−232−1600 Fax: 856−232−1601 Email: sdoto@lauletta.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 2 of 745
SUSAN M. COLER HALUNEN & ASSOCIATES 1650 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MN 55402 612−548−5284 Email: coler@halunenlaw.com TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE AARP FOUNDATION LIT (AFL) 601 E STREET, NW WASHINGTON, DC 20049 202−434−2060 Email: tosborne@aarp.org TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE MORGAN LEWIS 200 S. BISCAYNE BLVD. SUITE 5300 MIAMI, FL 33131−2339 305−415−3416 Email: bercole@morganlewis.com ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN MORGAN, LEWIS & BOCKIUS LLP 1701 MARKET STREET PHILADELPHIA, PA 19103−2921 TEL 215 963−5001 Email: cmeehan@morganlewis.com ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. MORGAN, LEWIS AND BOCKIUS LLP 1701 MARKET STREET PHILADELPHIA, PA 19103−2921 TEL: 215−963−5000 Email: dmarston@morganlewis.com ATTORNEY TO BE NOTICED
JACQUELINE GORBEY MORGAN LEWIS & BOCKIUS LLP 1701 MARKET ST. PHILADELPHIA, PA 19103 215−963−5486 Email: jgorbey@morganlewis.com ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. MORGAN, LEWIS & BOCKIUS, LLP 2000 ONE LOGAN SQUARE PHILA, PA 19103 (215) 963−5511 Email: james.walsh@morganlewis.com ATTORNEY TO BE NOTICED
K. CATHERINE RONEY MORGAN LEWIS & BOCKIUS LLP 1701 MARKET ST. PHILADELPHIA, PA 19103

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 3 of 745

Plaintiff
JAMES T. BEVER TERMINATED: 09/20/2018

215−963−5722 Email: kroney@morganlewis.com TERMINATED: 06/13/2017
LILY GREER BECKER MORGAN LEWIS & BOCKIUS 1701 MARKET ST PHILADELPHIA, PA 19103 215−963−5055 Email: lily.becker@morganlewis.com ATTORNEY TO BE NOTICED
MARISEL ACOSTA MORGAN LEWIS & BOCKIUS 1701 MARKET STREET PHILADELPHIA, PA 19103 215−963−4732 Email: macosta@morganlewis.com ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE AARP FOUNDATION LIT. (AFL) 601 E STREET, NW WASHINGTON, DC 20049 202−434−2072 Email: msignorille@aarp.org TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK MORGAN LEWIS & BOCKIUS LLP 1701 MARKET ST PHILADELPHIA, PA 19103−2921 215−963−5000 Email: pzevnik@morganlewis.com ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. MORGAN, LEWIS & BOCKIUS 1701 MARKET STREET PHILADELPHIA, PA 19103−2921 215−963−5775 Email: wquinn@morganlewis.com ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 4 of 745

Plaintiff
RICHARD A. CARRIER TERMINATED: 08/17/2018

SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 5 of 745
ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 6 of 745

Plaintiff
PAUL R. COBB TERMINATED: 06/13/2018

represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 7 of 745

Plaintiff
CRAIG K. CREASE TERMINATED: 09/20/2018

(See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 8 of 745

Plaintiff
SYLVIA CREWS−KELLY TERMINATED: 08/17/2018

ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 9 of 745

Plaintiff
DWIGHT ENGLISH TERMINATED: 10/25/2012

JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) TERMINATED: 10/25/2012 LEAD ATTORNEY
MICHAEL D. LIEDER (See above for address) TERMINATED: 10/25/2012 LEAD ATTORNEY
MICHAEL WILSON (See above for address) TERMINATED: 10/25/2012 LEAD ATTORNEY
STEVEN H. DOTO (See above for address) TERMINATED: 10/25/2012 LEAD ATTORNEY
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) TERMINATED: 10/25/2012

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 10 of 745

Plaintiff
DOUGLAS F. GAFNER TERMINATED: 07/28/2010

COLEEN M. MEEHAN (See above for address) TERMINATED: 10/25/2012
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) TERMINATED: 10/25/2012
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) TERMINATED: 10/25/2012
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) TERMINATED: 10/25/2012
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) TERMINATED: 07/28/2010 LEAD ATTORNEY
MICHAEL D. LIEDER (See above for address) TERMINATED: 07/28/2010 LEAD ATTORNEY
MICHAEL WILSON (See above for address) TERMINATED: 07/28/2010 LEAD ATTORNEY
STEVEN H. DOTO (See above for address) TERMINATED: 07/28/2010 LEAD ATTORNEY
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 11 of 745

Plaintiff
RONALD W. HARPER TERMINATED: 08/17/2018

TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) TERMINATED: 07/28/2010
COLEEN M. MEEHAN (See above for address) TERMINATED: 07/28/2010
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 12/06/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 12/06/2017
JAMES P. WALSH , JR. (See above for address) TERMINATED: 07/28/2010
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) TERMINATED: 07/28/2010
WILLIAM P. QUINN , JR. (See above for address) TERMINATED: 12/06/2017
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 12 of 745

Plaintiff
MICHAEL P. KEARNEY TERMINATED: 09/20/2018

SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 13 of 745
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 14 of 745

Plaintiff
THOMAS A. KEARNEY TERMINATED: 05/30/2018

represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 15 of 745

Plaintiff
LARRY H. LANKFORD, SR. TERMINATED: 08/17/2018

(See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 16 of 745

Plaintiff
DAVID C. LAWSON TERMINATED: 09/20/2018

ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 17 of 745

Plaintiff
NATHAN R. LITTLEJOHN, II TERMINATED: 05/30/2018

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 18 of 745

Plaintiff
REBECCA R. MASLOWSKI TERMINATED: 05/30/2018

DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 19 of 745

Plaintiff
CRAIG A. MILLISON TERMINATED: 10/06/2017

(See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) TERMINATED: 10/06/2017 LEAD ATTORNEY
MICHAEL D. LIEDER (See above for address) TERMINATED: 10/06/2017 LEAD ATTORNEY
MICHAEL WILSON (See above for address) TERMINATED: 10/06/2017 LEAD ATTORNEY
STEVEN H. DOTO (See above for address) TERMINATED: 10/06/2017 LEAD ATTORNEY
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 20 of 745

Plaintiff
JAMES E. MOOREHEAD TERMINATED: 05/30/2018

THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) TERMINATED: 10/06/2017
COLEEN M. MEEHAN (See above for address) TERMINATED: 10/06/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 10/06/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 10/06/2017
JAMES P. WALSH , JR. (See above for address) TERMINATED: 10/06/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) TERMINATED: 10/06/2017
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) TERMINATED: 10/06/2017
WILLIAM P. QUINN , JR. (See above for address) TERMINATED: 10/06/2017
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 21 of 745

Plaintiff
CHRISTOPHER L. PERKINS TERMINATED: 02/10/2016

LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) TERMINATED: 02/10/2016 LEAD ATTORNEY
MICHAEL D. LIEDER (See above for address) TERMINATED: 02/10/2016 LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 22 of 745

Plaintiff
RICHARD E. PETERSON TERMINATED: 09/20/2018

MICHAEL WILSON (See above for address) TERMINATED: 02/10/2016 LEAD ATTORNEY
STEVEN H. DOTO (See above for address) TERMINATED: 02/10/2016 LEAD ATTORNEY
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) TERMINATED: 02/10/2016
COLEEN M. MEEHAN (See above for address) TERMINATED: 02/10/2016
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 02/10/2016
JACQUELINE GORBEY (See above for address) TERMINATED: 02/10/2016
JAMES P. WALSH , JR. (See above for address) TERMINATED: 02/10/2016
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) TERMINATED: 02/10/2016
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) TERMINATED: 02/10/2016
WILLIAM P. QUINN , JR. (See above for address) TERMINATED: 02/10/2016
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 23 of 745
ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 24 of 745

Plaintiff
JAMES P. PILCHAK TERMINATED: 02/15/2012

ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) TERMINATED: 02/15/2012 LEAD ATTORNEY
MICHAEL D. LIEDER (See above for address) TERMINATED: 02/15/2012 LEAD ATTORNEY
MICHAEL WILSON (See above for address) TERMINATED: 02/15/2012 LEAD ATTORNEY
STEVEN H. DOTO (See above for address) TERMINATED: 02/15/2012 LEAD ATTORNEY
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) TERMINATED: 02/15/2012
COLEEN M. MEEHAN (See above for address) TERMINATED: 02/15/2012
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) TERMINATED: 02/15/2012
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) TERMINATED: 02/15/2012

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 25 of 745

Plaintiff
PAUL L. SHIRLEY TERMINATED: 05/30/2018

MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) TERMINATED: 02/15/2012
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 26 of 745

Plaintiff
DONALD L. TRGOVICH TERMINATED: 05/30/2018

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 27 of 745

Plaintiff
RICHARD S. WANDNER TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 28 of 745

Plaintiff
TIMOTHY WEISMAN TERMINATED: 06/13/2018

ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 29 of 745

Plaintiff
ANTHONY T. WIKTOR TERMINATED: 05/30/2018

BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 30 of 745

Plaintiff
JOHN W. WITTMAN TERMINATED: 05/30/2018

TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 31 of 745

Plaintiff
RALPH J. WOLVERTON TERMINATED: 09/20/2018

STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN V. GORMAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 32 of 745
ATTORNEY TO BE NOTICED
MICHAEL WILSON (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
STEVEN H. DOTO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 33 of 745

Plaintiff JOSEPH L. BENOIT TERMINATED: 09/21/2018
Plaintiff MARY JANE PILCHAK AS SUCCESSOR FOR THE ESTATE OF JAMES PILCHAK TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 09/21/2018 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) TERMINATED: 09/21/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 09/21/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 09/21/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) TERMINATED: 09/21/2018
MARISEL ACOSTA (See above for address) TERMINATED: 09/21/2018
MICHAEL D. LIEDER (See above for address) TERMINATED: 09/21/2018
PAUL ANTON ZEVNIK (See above for address) TERMINATED: 09/21/2018
WILLIAM P. QUINN , JR. (See above for address) TERMINATED: 09/21/2018
represented by JOHN V. GORMAN MORGAN LEWIS & BOCKIUS
1701 MARKET STREET

PHILA, PA 19103−2921
Fax: Email: jgorman@morganlewis.com TERMINATED: 02/15/2012 LEAD ATTORNEY
MICHAEL D. LIEDER (See above for address) TERMINATED: 02/15/2012 LEAD ATTORNEY
MICHAEL WILSON (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 34 of 745
TERMINATED: 02/15/2012 LEAD ATTORNEY
STEVEN H. DOTO (See above for address) TERMINATED: 02/15/2012 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address) TERMINATED: 02/15/2012
COLEEN M. MEEHAN MORGAN, LEWIS & BOCKIUS LLP
1701 MARKET STREET
PHILADELPHIA, PA 19103−2921 TEL 215 963−5001 Fax: Email: cmeehan@morganlewis.com TERMINATED: 02/15/2012
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES P. WALSH , JR. (See above for address) TERMINATED: 02/15/2012
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA MORGAN LEWIS & BOCKIUS
1701 MARKET STREET
PHILADELPHIA, PA 19103
215−963−4732 Fax: Email: macosta@morganlewis.com TERMINATED: 02/15/2012
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
PAUL ANTON ZEVNIK (See above for address) TERMINATED: 02/15/2012

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 35 of 745

Plaintiff A. BURTON ENGLISH SOLE HEIR OF DWIGHT F. ENGLISH TERMINATED: 05/30/2018
Plaintiff ROGER BOYD TERMINATED: 05/30/2018
Plaintiff SYLVIA KELLY TERMINATED: 08/20/2018

WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
MICHAEL D. LIEDER (See above for address) ATTORNEY TO BE NOTICED
WILLIAM P. QUINN , JR. (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 36 of 745

Plaintiff PAULA REINERIO TERMINATED: 09/20/2018
Plaintiff THOMAS ABELL TERMINATED: 05/30/2018

TERMINATED: 08/20/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 08/20/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 08/20/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) TERMINATED: 08/20/2018
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 37 of 745

Plaintiff KATHARINE ADAMS−LOVE TERMINATED: 05/21/2018
Plaintiff JOHN P. AELLEN, III TERMINATED: 05/30/2018
Plaintiff CLYDE WILLARD ALLEN TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 05/21/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 05/21/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 05/21/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) TERMINATED: 05/21/2018
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 38 of 745

Plaintiff JOSEPH ALLEY TERMINATED: 05/30/2018
Plaintiff THOMAS PAUL ALLISON TERMINATED: 05/30/2018
Plaintiff RICHARD G. ALTIERI TERMINATED: 05/30/2018

TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 39 of 745

Plaintiff ANDREW ALAN ANDERSON TERMINATED: 05/30/2018
Plaintiff CARL ANGELL TERMINATED: 05/30/2018
Plaintiff EUGENIA ANNINO STEGER TERMINATED: 05/30/2018

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 40 of 745

Plaintiff DANIEL ANULARE TERMINATED: 05/30/2018
Plaintiff LINDA A. ANULARE TERMINATED: 05/30/2018
Plaintiff BRUCE WILLIAM ASHLEY TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 41 of 745

Plaintiff RICHARD AURAND TERMINATED: 04/18/2017
Plaintiff MAXINE BACHICHA TERMINATED: 05/30/2018
Plaintiff HAROLD E. BAKER TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/18/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/18/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 04/18/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 42 of 745

Plaintiff ROBERT G. BARZELAY TERMINATED: 05/30/2018
Plaintiff GARY L. BAUMGARDNER TERMINATED: 05/30/2018
Plaintiff

ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 43 of 745

JAMES A. BEARD TERMINATED: 05/30/2018
Plaintiff DEBORAH BECKER TERMINATED: 05/30/2018
Plaintiff RICHARD C. BENNETT TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 44 of 745

Plaintiff COLIN T. BENT TERMINATED: 05/30/2018
Plaintiff VERNON BENTLEY TERMINATED: 05/30/2018
Plaintiff HAROLD D. BERNSTEIN TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 45 of 745

Plaintiff HAROLD D. BERNSTEIN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN TERMINATED: 05/30/2018
Plaintiff MONTELL BERRY TERMINATED: 05/30/2018
Plaintiff WALLACE BERRY TERMINATED: 05/30/2018

MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 46 of 745

Plaintiff LINDA BEUCHER TERMINATED: 05/30/2018
Plaintiff STANLEY R. BINDER TERMINATED: 05/30/2018
Plaintiff CRAIG A. BOCK TERMINATED: 05/30/2018

(See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 47 of 745

Plaintiff GARY L. BOCK TERMINATED: 05/30/2018
Plaintiff DAVID P. BOHAN TERMINATED: 05/30/2018
Plaintiff ROLAND BOISIS TERMINATED: 05/30/2018

ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 48 of 745

Plaintiff JANICE BOND TERMINATED: 05/30/2018
Plaintiff DWIGHT CHARLES BONDY TERMINATED: 05/30/2018
Plaintiff ROBERT F. BORTELL, JR. TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 49 of 745

Plaintiff DANIEL BOSSIO TERMINATED: 05/30/2018
Plaintiff JAMES L. BRACHFELD TERMINATED: 05/30/2018
Plaintiff EUGENE BRANDON TERMINATED: 05/30/2018

DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 50 of 745

Plaintiff JAY BROKER TERMINATED: 05/30/2018
Plaintiff NEAL SWANK BROOKS TERMINATED: 09/20/2017

LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 09/20/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 09/20/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 09/20/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 51 of 745

Plaintiff FAYE D. BROWN TERMINATED: 05/30/2018
Plaintiff RICHARD A. BROWN TERMINATED: 05/30/2018
Plaintiff LESTER BROWN, SR. TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 52 of 745

Plaintiff WILLIAM L. BROWN, JR. TERMINATED: 05/30/2018
Plaintiff RICHARD A. BROWNSON TERMINATED: 05/30/2018
Plaintiff CHARLES R. BURNS, III TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 53 of 745

Plaintiff THOMAS C. BUSHEY TERMINATED: 05/30/2018
Plaintiff DAVE BUSSELL TERMINATED: 05/30/2018
Plaintiff GARY CALLAWAY TERMINATED: 05/30/2018

TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 54 of 745

Plaintiff GEORGIANA CALLAWAY TERMINATED: 05/30/2018
Plaintiff ALBERT J. CANNIZZARO TERMINATED: 05/30/2018
Plaintiff LAWRENCE J. CAPOUCH TERMINATED: 04/18/2017

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/18/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/18/2017
JACQUELINE GORBEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 55 of 745

Plaintiff RICHARD CARTER TERMINATED: 05/30/2018
Plaintiff VICTOR M. CATARISANO TERMINATED: 05/30/2018
Plaintiff PORTIA M. CHAMBLISS TERMINATED: 05/30/2018

(See above for address) TERMINATED: 04/18/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 56 of 745

Plaintiff MARK D. CHASE TERMINATED: 05/30/2018
Plaintiff AMY CHERRNAY TERMINATED: 05/30/2018
Plaintiff JIMMY C. CHIN TERMINATED: 05/30/2018

ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 57 of 745

Plaintiff DON C. CHRISTENSEN TERMINATED: 05/30/2018
Plaintiff JAMES CIRILLO TERMINATED: 04/18/2017
Plaintiff

DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/18/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/18/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 04/18/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 58 of 745

BRUCE W. CLOTFELTER TERMINATED: 05/30/2018
Plaintiff IRA CLOUD TERMINATED: 05/30/2018
Plaintiff MILTON COBB TERMINATED: 05/30/2018

COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 59 of 745

Plaintiff MARK C. COLLIER TERMINATED: 05/30/2018
Plaintiff WANDA COLLINS−SMITH TERMINATED: 05/30/2018
Plaintiff JOSEPH P. CONBOY TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 60 of 745

Plaintiff RICHARD F. COOK TERMINATED: 05/30/2018
Plaintiff JANET COOLEY TERMINATED: 05/30/2018
Plaintiff JAMES CORNETT TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 61 of 745

Plaintiff BRUCE R. CRALLEY TERMINATED: 05/30/2018
Plaintiff JACK J. CRAPARO, JR. TERMINATED: 05/30/2018
Plaintiff JAY CRYSTAL TERMINATED: 05/30/2018

TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 62 of 745

Plaintiff JAY CRYSTAL AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL TERMINATED: 05/30/2018
Plaintiff LONNIE MICHAEL CURTIS TERMINATED: 05/30/2018
Plaintiff BRENT L. DANNER TERMINATED: 05/30/2018

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 63 of 745

Plaintiff JOHN DARWISH TERMINATED: 05/30/2018
Plaintiff HAROLD E. DASKAM TERMINATED: 05/30/2018
Plaintiff JOHN DAVENPORT TERMINATED: 09/20/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 64 of 745

Plaintiff LESLIE K. DAVIDSON TERMINATED: 05/30/2018
Plaintiff ZACHARIAH M. DAVIDSON, III TERMINATED: 05/30/2018
Plaintiff

(See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 65 of 745

MICHAEL L. DAVIS TERMINATED: 05/30/2018
Plaintiff ZACHARIAH M. DAVIDSON, III TERMINATED: 05/31/2018
Plaintiff MICHAEL L. DAVIS TERMINATED: 05/31/2018

COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 05/31/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 05/31/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 05/31/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) TERMINATED: 05/31/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 05/31/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 05/31/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 05/31/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) TERMINATED: 05/31/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 66 of 745

Plaintiff MARGARET DEAN PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT T. DEAN TERMINATED: 05/30/2018
Plaintiff STEPHEN W. DELLAPINA TERMINATED: 05/30/2018
Plaintiff ERNEST JACK DEMONTE TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 67 of 745

Plaintiff JAMES DEPIZZO TERMINATED: 03/20/2018
Plaintiff JOHN ANTHONY DEVITO TERMINATED: 05/30/2018
Plaintiff GAIL DICKMAN TERMINATED: 05/30/2018

MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 68 of 745

Plaintiff MARK L. DIVINCENZO TERMINATED: 05/30/2018
Plaintiff MICHAEL DOHENY TERMINATED: 05/30/2018
Plaintiff JEFFREY M. DOMBECK TERMINATED: 05/30/2018

(See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 69 of 745

Plaintiff TERRANCE DONOGHUE TERMINATED: 05/30/2018
Plaintiff VALERY DORSHIMER TERMINATED: 05/30/2018
Plaintiff JOYCE DOUGLAS TERMINATED: 05/30/2018

ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 70 of 745

Plaintiff RUFUS C. DOWELL TERMINATED: 05/30/2018
Plaintiff SUSAN DRAPEAU TERMINATED: 05/30/2018
Plaintiff RICHARD DROE TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 71 of 745

Plaintiff GEORGE F. DRUMMOND TERMINATED: 05/30/2018
Plaintiff WALTER J. DUBIEL TERMINATED: 05/30/2018
Plaintiff THOMAS R. DURAN TERMINATED: 05/30/2018

DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 72 of 745

Plaintiff DENNIS R. DYKE TERMINATED: 05/30/2018
Plaintiff LARRY R. DYKSTRA TERMINATED: 05/30/2018

LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 73 of 745

Plaintiff RICHARD MORRISON EARL, JR. TERMINATED: 04/18/2017
Plaintiff RONALD F. EATON TERMINATED: 05/30/2018
Plaintiff MICHAEL ECONOMOS TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/18/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/18/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 04/18/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 74 of 745

Plaintiff RONALD R. EDWARDS TERMINATED: 05/30/2018
Plaintiff RICHARD EIRICH TERMINATED: 05/30/2018
Plaintiff ROSLYN EISENSTARK TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 75 of 745

Plaintiff BRUCE ENGERT TERMINATED: 05/30/2018
Plaintiff JANE ESCHRICH−WALSH TERMINATED: 05/30/2018
Plaintiff BILLY B. ESTES TERMINATED: 05/30/2018

TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 76 of 745

Plaintiff STEVEN EVANS TERMINATED: 10/06/2017
Plaintiff SANDY K. FABRICATORE TERMINATED: 05/30/2018
Plaintiff JOSEPH FALCONI, III TERMINATED: 05/30/2018

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 10/06/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 10/06/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 10/06/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 77 of 745

Plaintiff CHRISTIAN G. FARLEY TERMINATED: 05/30/2018
Plaintiff SHEILA FARMER TERMINATED: 05/30/2018
Plaintiff CURTIS FARRAR TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 78 of 745

Plaintiff RALPH V. FAULK TERMINATED: 05/30/2018
Plaintiff PHILIP DEAN FEISAL TERMINATED: 05/30/2018
Plaintiff CARL E. FIELDER TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 79 of 745

Plaintiff DORIS FIELDS TERMINATED: 05/30/2018
Plaintiff LARRY D. FINLEY TERMINATED: 05/30/2018
Plaintiff

ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 80 of 745

WILLIAM FLOOD TERMINATED: 05/30/2018
Plaintiff GERALD L. FLORES TERMINATED: 04/23/2018
Plaintiff ERIC A. FORD TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 81 of 745

Plaintiff JOHN R. FORREST TERMINATED: 05/30/2018
Plaintiff ALLEN F. FOSTER TERMINATED: 06/15/2017
Plaintiff ROBERT FRANZ TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 82 of 745

Plaintiff BOSS ROBERT FRIES, III TERMINATED: 05/30/2018
Plaintiff JODENE GARDNER TERMINATED: 05/30/2018
Plaintiff ROBERT E. GARY TERMINATED: 05/30/2018

MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 83 of 745

Plaintiff LARRY O. GENTRY TERMINATED: 05/30/2018
Plaintiff SAMUEL E. GILLETTE TERMINATED: 05/30/2018
Plaintiff GARY GOELZ TERMINATED: 04/18/2017

(See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/18/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/18/2017
JACQUELINE GORBEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 84 of 745

Plaintiff RANDOLPH GOODWIN, JR. TERMINATED: 05/30/2018
Plaintiff JAMES A. GRADY TERMINATED: 05/30/2018
Plaintiff WILLIAM D. GREENE TERMINATED: 05/30/2018

TERMINATED: 04/18/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 85 of 745

Plaintiff SANDRA GUTHRIE TERMINATED: 05/30/2018
Plaintiff GERALD GUTZEIT TERMINATED: 05/30/2018
Plaintiff FRANKLIN P. HALL TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 86 of 745

Plaintiff BRENDA C. HAMMOND TERMINATED: 05/30/2018
Plaintiff LORETTA CAUSEY HANNON TERMINATED: 05/30/2018
Plaintiff FRANCIS HANRATTY TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 87 of 745

Plaintiff JAN HANSON TERMINATED: 05/30/2018
Plaintiff CHRIS HARDESTY TERMINATED: 05/30/2018
Plaintiff

ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 88 of 745

RONALD C. HARRISON, JR TERMINATED: 05/30/2018
Plaintiff JOHN W. HEASLEY TERMINATED: 05/30/2018
Plaintiff CONI HEIDLE TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 89 of 745

Plaintiff DARLENE HEINEN TERMINATED: 05/30/2018
Plaintiff ROBERT HELSEL TERMINATED: 05/30/2018
Plaintiff JAMES LOUIS HEMPHILL TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 90 of 745

Plaintiff GAIL ROGERS HIBBLER TERMINATED: 05/30/2018
Plaintiff LARRY W. HICE TERMINATED: 05/30/2018
Plaintiff DANNY HIGDON TERMINATED: 05/30/2018

MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 91 of 745

Plaintiff PATRICIA A. HILL TERMINATED: 05/30/2018
Plaintiff RICHARD D. HILL TERMINATED: 05/30/2018
Plaintiff JAMES HILLAN TERMINATED: 05/30/2018

(See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 92 of 745

Plaintiff LEANNE HINKLE (FORMERLY MCCURLEY) TERMINATED: 05/30/2018
Plaintiff JOHN HLOHINEC TERMINATED: 08/17/2018
Plaintiff JIMMY D. HOCK TERMINATED: 05/30/2018

ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 93 of 745

Plaintiff CHARMAIN A. HORVATH TERMINATED: 05/30/2018
Plaintiff DAN P. HOURIHANE TERMINATED: 05/30/2018
Plaintiff

DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 94 of 745

STEVE HOWELL TERMINATED: 05/30/2018
Plaintiff GEORGE HUYE TERMINATED: 05/30/2018
Plaintiff JOHN IAPOCE TERMINATED: 05/30/2018

COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 95 of 745

Plaintiff SANDRA INMAN TERMINATED: 05/30/2018
Plaintiff CHARLES S. JACKSON TERMINATED: 05/30/2018
Plaintiff RICK JAHNS TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 96 of 745

Plaintiff ROBERT JAYSON TERMINATED: 05/30/2018
Plaintiff LELAND JELINEK TERMINATED: 05/30/2018
Plaintiff KAREN JUNEMAN AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROGER JUNEMAN TERMINATED: 05/30/2018

MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 97 of 745

Plaintiff DAVID N. KAPEC TERMINATED: 05/30/2018
Plaintiff KATHLEEN KENNEY TERMINATED: 05/30/2018
Plaintiff ROBERT J. KILLEEN TERMINATED: 03/30/2018

(See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 03/30/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 03/30/2018
JACQUELINE GORBEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 98 of 745

Plaintiff ROBERT E. KIMBLE TERMINATED: 05/30/2018
Plaintiff THOMAS KROHNER TERMINATED: 05/30/2018
Plaintiff MARIA KRUMM AS PERSONAL REPRESENTATIVE OF THE ESTATE OF GARY J. KRUMM TERMINATED: 05/30/2018

TERMINATED: 03/30/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 99 of 745

Plaintiff AMOS KUYKENDOLL TERMINATED: 05/30/2018
Plaintiff WILLIAM LANDMARK TERMINATED: 05/30/2018
Plaintiff GREGORY LANE TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 100 of 745

Plaintiff BRUCE LARRABEE TERMINATED: 05/30/2018
Plaintiff JENNIFER LATHAM AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CHARLES E. LATHAM TERMINATED: 05/30/2018
Plaintiff CAROL E. LEBLANC TERMINATED: 05/30/2018

DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 101 of 745

Plaintiff JOSEPH LEE TERMINATED: 05/30/2018
Plaintiff SHARON E. LIBBRA TERMINATED: 05/31/2018

LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 05/31/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 05/31/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 05/31/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) TERMINATED: 05/31/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 102 of 745

Plaintiff TERRY GENE LIBBRA TERMINATED: 05/30/2018
Plaintiff JANET LINDSAY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF RONALD LINDSAY TERMINATED: 05/30/2018
Plaintiff JAMES W. LONGMAN TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 103 of 745

Plaintiff JOHN LUCAS TERMINATED: 05/30/2018
Plaintiff JAMES E. LYNCH TERMINATED: 05/14/2018
Plaintiff MICHAEL MACISCO TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 05/14/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 05/14/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 05/14/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 104 of 745

Plaintiff JOHN MALEK TERMINATED: 05/30/2018
Plaintiff STEVEN MALLORY TERMINATED: 05/30/2018
Plaintiff JOHN MALLORY TERMINATED: 05/30/2018

TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 105 of 745

Plaintiff PATRICIA MARAZO TERMINATED: 05/30/2018
Plaintiff NICHOLAS S. MARINOS TERMINATED: 05/30/2018
Plaintiff EUGENE MARONEY TERMINATED: 05/30/2018

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 106 of 745

Plaintiff JOHN MARSH TERMINATED: 05/30/2018
Plaintiff RICHARD MASI TERMINATED: 05/30/2018
Plaintiff GLEN MASON TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 107 of 745

Plaintiff SCOTT A. MATTINGLY TERMINATED: 05/30/2018
Plaintiff THOMAS W. MATYJASIK TERMINATED: 05/30/2018
Plaintiff THOMAS MCCALL TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 108 of 745

Plaintiff RUDOLPH MCCLINON, JR. TERMINATED: 06/11/2018
Plaintiff CASEY MCCOY TERMINATED: 05/30/2018
Plaintiff

ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 06/11/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/11/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 06/11/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) TERMINATED: 06/11/2018
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 109 of 745

SHERRY MCDONALD TERMINATED: 05/30/2018
Plaintiff THOMAS MCEVANS, III TERMINATED: 05/30/2018
Plaintiff JAMES P. MCGUIRE TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 110 of 745

Plaintiff JOHN F. MCKENZIE TERMINATED: 05/30/2018
Plaintiff ANTHONY MCMURRAY TERMINATED: 05/30/2018
Plaintiff PETER S. MCVITTIE TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 111 of 745

Plaintiff JERREL L. MEAD TERMINATED: 05/30/2018
Plaintiff MARY MENDOZA TERMINATED: 05/30/2018
Plaintiff ORTON W. MESSENGER TERMINATED: 05/30/2018

MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 112 of 745

Plaintiff SUSAN E. MESSINA TERMINATED: 05/30/2018
Plaintiff PHILLIP N. METCALFE TERMINATED: 10/06/2017
Plaintiff RONALD METZGER TERMINATED: 05/30/2018

(See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 10/06/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 10/06/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 10/06/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 113 of 745

Plaintiff PAMELA MEYER AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MICHAEL MEYER TERMINATED: 05/30/2018
Plaintiff ARTHUR R. MILES, JR. TERMINATED: 05/30/2018
Plaintiff JAMES T. MILLER TERMINATED: 05/30/2018

ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 114 of 745

Plaintiff FRANK E. MILLER, JR. TERMINATED: 05/30/2018
Plaintiff JEAN MINAL TERMINATED: 05/30/2018
Plaintiff FRIEDA MINGA TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 115 of 745

Plaintiff BARBARA ANN MINK AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DANIEL MINK TERMINATED: 05/30/2018
Plaintiff ROBERT MINTON TERMINATED: 05/30/2018
Plaintiff JOE MONTANARO TERMINATED: 05/30/2018

DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 116 of 745

Plaintiff RICHARD MOORE TERMINATED: 05/30/2018
Plaintiff STAFFORD W. MOORE TERMINATED: 05/30/2018

LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 117 of 745

Plaintiff DINAH MORGAN TERMINATED: 05/30/2018
Plaintiff SYLVIA E. MOSLEY TERMINATED: 08/17/2018
Plaintiff D. CRAIG MULLEN TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 118 of 745

Plaintiff KELLY PATRICK MULLIGAN TERMINATED: 05/30/2018
Plaintiff DARRELL NAMIE TERMINATED: 05/30/2018
Plaintiff HERBERT A. NEWMAN TERMINATED: 03/20/2018

(See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 03/20/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 03/20/2018
JACQUELINE GORBEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 119 of 745

Plaintiff CHESTER NOWAK TERMINATED: 05/30/2018
Plaintiff RICHARD PAUL NYDEGGER TERMINATED: 05/30/2018
Plaintiff THOMAS A. O'DELL TERMINATED: 05/30/2018

TERMINATED: 03/20/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 120 of 745

Plaintiff WALTER ORR TERMINATED: 05/30/2018
Plaintiff JIM OVERMILLER TERMINATED: 05/30/2018
Plaintiff BARBARA OXNER (PREVIOUSLY JONES) TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 121 of 745

Plaintiff MARTHA PARRY TERMINATED: 05/30/2018
Plaintiff FRANK M. PATTERSON TERMINATED: 05/30/2018
Plaintiff TERRY PAULK TERMINATED: 05/30/2018

DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 122 of 745

Plaintiff DANIEL T. PERRY TERMINATED: 05/30/2018
Plaintiff KEN PHILBRICK TERMINATED: 05/30/2018

LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 123 of 745

Plaintiff FRANK L. PHILLIPS TERMINATED: 05/30/2018
Plaintiff STEPHEN WAYNE PIGG TERMINATED: 05/30/2018
Plaintiff CLIFFORD L. PINCKNEY TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 124 of 745

Plaintiff RITA E. PINO TERMINATED: 03/20/2018
Plaintiff RONALD M. PINSONEAULT TERMINATED: 05/30/2018
Plaintiff JOHNNY A. PLEMONS TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 03/20/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 03/20/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 03/20/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 125 of 745

Plaintiff ROBERT POLLOCK TERMINATED: 05/30/2018
Plaintiff DENNIS H. PORTER TERMINATED: 05/30/2018
Plaintiff DENNIS POWERS TERMINATED: 05/30/2018

TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 126 of 745

Plaintiff BLAIR QUASNITSCHKA AS PERSONAL REPRESENTATIVE OF THE ESTATE OF LINDA KIRBUS (FORMERLY QUASNITSCHKA) TERMINATED: 05/30/2018
Plaintiff PAUL QUATTRONE TERMINATED: 05/30/2018
Plaintiff MARZIANO P. RAGNONE TERMINATED: 05/30/2018

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 127 of 745

Plaintiff JAMES RAUEN TERMINATED: 05/30/2018
Plaintiff DONALD P. REIMER TERMINATED: 05/30/2018
Plaintiff MARIA G. RESNICK TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 128 of 745

Plaintiff LINDA REYNOLDS TERMINATED: 05/30/2018
Plaintiff STAN RICKS TERMINATED: 05/30/2018
Plaintiff DICK ROBERTS TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 129 of 745

Plaintiff THOMAS ROBY TERMINATED: 05/30/2018
Plaintiff DAVID ROMAN TERMINATED: 05/30/2018
Plaintiff

ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 130 of 745

LLOYD T. ROSENSTEEL TERMINATED: 05/30/2018
Plaintiff RICHARD K. ROSKOWE TERMINATED: 05/30/2018
Plaintiff RICHARD ROSSELL TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 131 of 745

Plaintiff RONALD J. RUBIN TERMINATED: 05/30/2018
Plaintiff ROBERT RUSSO TERMINATED: 05/30/2018
Plaintiff KAREN RYAN−WHITE TERMINATED: 09/20/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 132 of 745

Plaintiff EDWARD M. SAAD TERMINATED: 05/30/2018
Plaintiff JOHN J. SANCHEZ TERMINATED: 05/30/2018
Plaintiff JACK SANDERS TERMINATED: 05/30/2018

LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 133 of 745

Plaintiff MICHAEL L. SANDERS TERMINATED: 05/30/2018
Plaintiff SHEILA SANDERS TERMINATED: 05/30/2018
Plaintiff GAIL C. SANTALUCIA−DALY TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 134 of 745

Plaintiff PHILIP J. SARCONE TERMINATED: 05/30/2018
Plaintiff RICHARD SAULLE TERMINATED: 05/30/2018
Plaintiff MARCOS E. SAYAGO TERMINATED: 05/30/2018

ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 135 of 745

Plaintiff GERALD H. SCHIELE TERMINATED: 05/30/2018
Plaintiff DOUGLAS SCHIFFMILLER TERMINATED: 05/30/2018
Plaintiff

DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 136 of 745

TIMOTHY L. SCHWARTZ TERMINATED: 05/30/2018
Plaintiff DAVID L. SEIDEL TERMINATED: 05/30/2018
Plaintiff ROGER SEROLA TERMINATED: 05/30/2018

COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 137 of 745

Plaintiff LEONARD SHAW TERMINATED: 05/30/2018
Plaintiff ROBERT G. SHEA, JR. TERMINATED: 05/30/2018
Plaintiff SHELDON F. SHEFF TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 138 of 745

Plaintiff WOODROW SHELTON, JR. TERMINATED: 05/30/2018
Plaintiff DARRYL SHERMAN TERMINATED: 05/30/2018
Plaintiff MIKE SHOBE TERMINATED: 05/30/2018

MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 139 of 745

Plaintiff LAWRENCE J. SIMMS TERMINATED: 05/30/2018
Plaintiff DOUGLAS A. SIMS TERMINATED: 05/30/2018
Plaintiff ERIC B. SIMS TERMINATED: 05/30/2018

(See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 140 of 745

Plaintiff CHINESTA SKIPPER SMITH TERMINATED: 05/30/2018
Plaintiff MARIE SMITH AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DAVID WILLIAM SMITH TERMINATED: 05/30/2018
Plaintiff DENNIS Z. SMITH TERMINATED: 10/06/2017

ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 10/06/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 10/06/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 141 of 745

Plaintiff RONALD W. SMITH TERMINATED: 05/30/2018
Plaintiff ARMANDO D. SOLER TERMINATED: 05/30/2018
Plaintiff DEBORAH ANN SORRELL−ULRICH TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) TERMINATED: 10/06/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 142 of 745

Plaintiff DAVID ST. JOHN TERMINATED: 05/30/2018
Plaintiff SARAH ST. JOHN TERMINATED: 05/30/2018
Plaintiff THOMAS STEIN TERMINATED: 05/30/2018

DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 143 of 745

Plaintiff MICHAEL M. STERN TERMINATED: 05/30/2018
Plaintiff CAROL STEVENS (FORMERLY STEHLE) TERMINATED: 05/30/2018

LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 144 of 745

Plaintiff JOHN STOUT TERMINATED: 05/30/2018
Plaintiff DONALD STRIPLIN TERMINATED: 05/30/2018
Plaintiff CELESTE M. SULLIVAN TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 145 of 745

Plaintiff KURT A. SUMMERS TERMINATED: 05/30/2018
Plaintiff STANLEY SUWALA TERMINATED: 10/06/2017
Plaintiff PAUL SVABEK TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 10/06/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 10/06/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 10/06/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 146 of 745

Plaintiff EDWARD SWANSON TERMINATED: 05/30/2018
Plaintiff MARILYN SWANSON TERMINATED: 05/30/2018
Plaintiff MICHELLE TABLER TERMINATED: 05/30/2018

TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 147 of 745

Plaintiff RUSSELL A. TAPIE TERMINATED: 05/30/2018
Plaintiff WANDA TATUM TERMINATED: 05/30/2018
Plaintiff CHARLES TAYLOR TERMINATED: 05/30/2018

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 148 of 745

Plaintiff WRIGHT B. TAYLOR, III TERMINATED: 05/30/2018
Plaintiff ROBERT W. TELKINS TERMINATED: 03/21/2018
Plaintiff STEPHEN THOENNES TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 03/21/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 03/21/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 03/21/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 149 of 745

Plaintiff GARY THOMAS TERMINATED: 05/30/2018
Plaintiff MONTAGUE A. THOMAS, III TERMINATED: 05/30/2018
Plaintiff JEFFREY TOBIN TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 150 of 745

Plaintiff JOSEPH TOMEC TERMINATED: 05/30/2018
Plaintiff MARY TURLEY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT H. TURLEY TERMINATED: 05/30/2018
Plaintiff

ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 151 of 745

ALBERT TURNER TERMINATED: 05/30/2018
Plaintiff DAVID J. TUSKEY TERMINATED: 05/30/2018
Plaintiff GEORGE F. TWOHIG TERMINATED: 04/18/2017

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/18/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/18/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 04/18/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 152 of 745

Plaintiff CORNELL G. VANDEGRIFT TERMINATED: 05/30/2018
Plaintiff MILFORD T. VAUGHT, JR. TERMINATED: 05/30/2018
Plaintiff LOUIS VEAL TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 153 of 745

Plaintiff DALE A. VILLEMAIN TERMINATED: 05/30/2018
Plaintiff CLETA VINING TERMINATED: 05/30/2018
Plaintiff JOSEPH S. VIOLA, JR. TERMINATED: 05/30/2018

MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 154 of 745

Plaintiff RONALD WANEK TERMINATED: 05/30/2018
Plaintiff BRIAN J. WANLESS TERMINATED: 05/30/2018
Plaintiff ARTHUR WASHINGTON TERMINATED: 05/30/2018

(See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 155 of 745

Plaintiff TIMOTHY JACKSON WATWOOD TERMINATED: 05/30/2018
Plaintiff MARK E. WEGNER TERMINATED: 05/30/2018
Plaintiff FINDLEY WEST TERMINATED: 05/30/2018

ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 156 of 745

Plaintiff NEIL WHICKER TERMINATED: 05/30/2018
Plaintiff CHARLES L. WILLIAMS TERMINATED: 11/24/2017
Plaintiff WALKER WILLIAMS TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 11/24/2017 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 11/24/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 11/24/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 157 of 745

Plaintiff RODNEY W. WILLIAMS, SR. TERMINATED: 05/30/2018
Plaintiff BARRY WILSON TERMINATED: 05/30/2018
Plaintiff ROBIN WILSON TERMINATED: 05/30/2018

DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 158 of 745

Plaintiff FRANCES WISNIEWSKI TERMINATED: 05/30/2018
Plaintiff JAMES MICHAEL WOOD TERMINATED: 05/30/2018

LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 159 of 745

Plaintiff LINDA WOSHNER TERMINATED: 05/30/2018
Plaintiff ROBERT A. WRIGHT, JR. TERMINATED: 05/30/2018
Plaintiff BARBARA D. WRIGHT AS PERSONAL REPRESENTATIVE OF THE ESTATE OF KEVIN A. WRIGHT TERMINATED: 05/30/2018

represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 160 of 745

Plaintiff LEONARD YARBROUGH TERMINATED: 05/30/2018
Plaintiff DONALD YOUNG TERMINATED: 05/30/2018
Plaintiff JAMES M. ZAHNER TERMINATED: 05/30/2018

(See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 161 of 745

Plaintiff RONALD D. ZARBAUGH TERMINATED: 05/30/2018
Plaintiff ROSE ZUMWINKLE AS PERSONAL REPRESENTATIVE OF THE ESTATE OF WILLIAM ZUMWINKLE TERMINATED: 05/30/2018
Plaintiff MANUEL ZUNIGA TERMINATED: 05/30/2018

TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 162 of 745

Plaintiff CHARLES D. ZYBURO TERMINATED: 05/30/2018
Plaintiff CAROLYN L. PENZO TERMINATED: 09/21/2018

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 09/21/2018 LEAD ATTORNEY
JOHN V. GORMAN (See above for address) TERMINATED: 09/21/2018 LEAD ATTORNEY
MICHAEL WILSON (See above for address) TERMINATED: 09/21/2018 LEAD ATTORNEY
STEVEN H. DOTO (See above for address) TERMINATED: 09/21/2018 LEAD ATTORNEY
SUSAN M. COLER (See above for address) TERMINATED: 02/02/2010 LEAD ATTORNEY
THOMAS W. OSBORNE (See above for address) TERMINATED: 07/07/2014 LEAD ATTORNEY
BRIAN M. ERCOLE (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 163 of 745

Plaintiff
IAN O'CONNOR TERMINATED: 09/20/2018

TERMINATED: 09/21/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 09/21/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 09/21/2018
JAMES P. WALSH , JR. (See above for address) TERMINATED: 09/21/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) TERMINATED: 09/21/2018
MARISEL ACOSTA (See above for address) TERMINATED: 09/21/2018
MARY ELLEN SIGNORILLE (See above for address) TERMINATED: 09/05/2018
MICHAEL D. LIEDER (See above for address) TERMINATED: 09/21/2018
PAUL ANTON ZEVNIK (See above for address) TERMINATED: 09/21/2018
WILLIAM P. QUINN , JR. (See above for address) TERMINATED: 09/21/2018
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
LILY GREER BECKER (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 164 of 745

Plaintiff CATHERINE HAUGEN AS SUCCESSOR FOR THE ESTATE OF LAWRENCE CAPOUCH TERMINATED: 05/30/2018
Plaintiff SHARON CIRILLO AS SUCCESSOR FOR THE ESTATE OF JAMES CIRILLO TERMINATED: 05/30/2018
Plaintiff SHERRY EARL AS SUCCESSOR FOR THE ESTATE OF RICHARD EARL TERMINATED: 06/12/2018

MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 06/12/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/12/2018 LEAD ATTORNEY
JACQUELINE GORBEY (See above for address) TERMINATED: 06/12/2018 LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 165 of 745

Plaintiff MARIAN GOELZ AS SUCCESSOR FOR THE ESTATE OF GARY GOELZ TERMINATED: 05/30/2018
Plaintiff PATRICIA AURAND AS SUCCESSOR FOR THE ESTATE OF RICHARD AURAND TERMINATED: 05/30/2018
Plaintiff SUZANNE TWOHIG AS SUCCESSOR FOR THE ESTATE OF GEORGE TWOHIG TERMINATED: 05/30/2018

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 166 of 745

Plaintiff KIMBERLY SMITH SUCCESSOR FOR THE ESTATE OF ALLEN FOSTER TERMINATED: 05/30/2018
Plaintiff MICHELLE MORABITO TERMINATED: 05/30/2018
Plaintiff DAVID NEWMAN TERMINATED: 05/30/2018

JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 167 of 745

Plaintiff MARY ANN DEPIZZO TERMINATED: 05/30/2018
Plaintiff ELIZABETH H. KILLEEN TERMINATED: 05/30/2018
Plaintiff KELLY VANSCOYK TERMINATED: 05/30/2018
Plaintiff ELFRIEDE LYNCH TERMINATED: 05/17/2018

ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by DAVID W. MARSTON , JR. (See above for address) TERMINATED: 05/17/2018 LEAD ATTORNEY
JACQUELINE GORBEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 168 of 745

Plaintiff ELISSA DIAZ−MCCLINON TERMINATED: 06/13/2018
Plaintiff FARRIS S. GARNER TERMINATED: 06/13/2018
Plaintiff CARMON GREEN

(See above for address) TERMINATED: 05/17/2018 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 05/17/2018
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 06/13/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/13/2018 LEAD ATTORNEY
JACQUELINE GORBEY (See above for address) TERMINATED: 06/13/2018 LEAD ATTORNEY
MARISEL ACOSTA (See above for address) TERMINATED: 06/13/2018
represented by COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 09/25/2018
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by MATTHEW BERMAN VALLI KANE & VAGNINI LLP 600 OLD COUNTRY RD SUITE 519 GARDEN CITY, NY 11530 516−203−7180 Email: mberman@vkvlawyers.com ATTORNEY TO BE NOTICED
ROBERT J. VALLI ,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 169 of 745 VALLI KANE & VAGNINI, LLP 600 OLD COUNTRY ROAD SUITE 519

GARDEN CITY, NY 11530
516−203−7180 Fax: Email: rvalli@vkvlawyers.com TERMINATED: 10/03/2018
SARA WYN KANE , VALLI KANE & VAGNINI LLP
600 OLD COUNTRY RD, SUITE 519

Plaintiff KENNETH KOHLER
Plaintiff LEONARD GREGOLINE

GARDEN CITY, NY 11530
516−203−7180 Fax: Email: skane@vkvlawyers.com TERMINATED: 10/03/2018
SIDNEY L. GOLD , SIDNEY L. GOLD & ASSOCIATES, PC
ELEVEN PENN CTR SUITE 515 1835 MARKET ST
PHILADELPHIA, PA 19103 215−569−1999 Fax: 215−569−3870 Email: sgold@discrimlaw.net TERMINATED: 10/03/2018
represented by MATTHEW BERMAN (See above for address) ATTORNEY TO BE NOTICED
ROBERT J. VALLI , (See above for address) TERMINATED: 10/03/2018
SARA WYN KANE , (See above for address) TERMINATED: 10/03/2018
SIDNEY L. GOLD , (See above for address) TERMINATED: 10/03/2018
represented by MATTHEW BERMAN (See above for address) ATTORNEY TO BE NOTICED
ROBERT J. VALLI , (See above for address) TERMINATED: 10/03/2018
SARA WYN KANE ,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 170 of 745
(See above for address) TERMINATED: 10/03/2018
SIDNEY L. GOLD , (See above for address) TERMINATED: 10/03/2018

V. Intervenor Plaintiff WILLIAM MCLAUGHLIN TERMINATED: 06/15/2017
Intervenor Plaintiff

represented by JULIA MUNLEY MUNLEY LAW THE FORUM PLAZA 227 PENN AVE SCRANTON, PA 18503 570−983−3838 TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY MUNLEY LAW, PC THE FORUM PLAZA 227 PENN AVE SCRANTON, PA 18503 570−346−7401 Email: cmunley@munley.com TERMINATED: 06/15/2017
JOHN M. MULCAHEY MUNLEY LAW PC THE FORUM PLAZA 227 PENN AVENUE SCRANTON, PA 18503 570−346−7401 Email: jmulcahey@munley.com TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON MUNLEY LAW PC 227 PENN AVENUE SCRANTON, PA 18503 570−346−7401 Email: knealon@munley.com TERMINATED: 06/15/2017
represented by

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 171 of 745

LEONARD LICHTY TERMINATED: 06/15/2017
Intervenor Plaintiff VICTORIA LICHTY TERMINATED: 06/15/2017

JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 172 of 745

Intervenor Plaintiff WILLIAM COTTON TERMINATED: 06/15/2017
Intervenor Plaintiff MARY DIGIULIO TERMINATED: 06/15/2017

(See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 173 of 745

Intervenor Plaintiff MARYALICE DOYLE TERMINATED: 06/15/2017
Intervenor Plaintiff WILLIAM LEE TERMINATED: 06/15/2017

(See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 09/16/2016
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 174 of 745

Intervenor Plaintiff WARREN MILLER TERMINATED: 06/15/2017
Intervenor Plaintiff EUGENE WELLER TERMINATED: 06/15/2017

(See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 175 of 745

Intervenor Plaintiff BRUCE DENLINGER TERMINATED: 06/15/2017
Intervenor Plaintiff GARY SIGLER TERMINATED: 12/22/2016

(See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by ALAN L. YATVIN POPPER & YATVIN 230 S. BROAD ST STE 503 PHILADELPHIA, PA 19102 215−546−5700

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 176 of 745

Intervenor Plaintiff
WILLIAM QUAIROLI TERMINATED: 06/15/2017

Fax: 215−546−5701 Email: popper.yatvin@verizon.net TERMINATED: 12/22/2016 LEAD ATTORNEY
JULIA MUNLEY (See above for address) TERMINATED: 12/22/2016 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 12/22/2016
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 12/22/2016
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES C. MUNLEY (See above for address) TERMINATED: 12/22/2016
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 177 of 745

Intervenor Plaintiff DEBORAH L. SPEDDING TERMINATED: 06/15/2017
Intervenor Plaintiff GAIL WOLFE TERMINATED: 06/15/2017

represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 178 of 745

Intervenor Plaintiff ROBERT MCCARREL TERMINATED: 06/15/2017
Intervenor Plaintiff PHILLIP SINGER TERMINATED: 06/15/2017

KATIE NEALON (See above for address) TERMINATED: 06/15/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 179 of 745

Intervenor Plaintiff KENNETH FRANCK TERMINATED: 06/15/2017
Intervenor Plaintiff JAMES ARCHER TERMINATED: 06/15/2017

JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 180 of 745

Intervenor Plaintiff LAWRENCE O'HARA TERMINATED: 06/15/2017
Intervenor Plaintiff ROBERT WELLER TERMINATED: 06/15/2017

JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 181 of 745

Intervenor Plaintiff ATHENA WAGNER TERMINATED: 06/15/2017
Intervenor Plaintiff PAUL TRIMBORN TERMINATED: 06/15/2017

DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 182 of 745

Intervenor Plaintiff ROBERT REBB TERMINATED: 06/15/2017
Intervenor Plaintiff

COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 183 of 745

WILLIAM SHOVER TERMINATED: 06/15/2017
Intervenor Plaintiff JOHN JUNKNIEWITZ

represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES C. MUNLEY (See above for address) ATTORNEY TO BE NOTICED
JOHN M. MULCAHEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 184 of 745

Intervenor Plaintiff BRADLEY STECKEL TERMINATED: 06/15/2017
Intervenor Plaintiff PAUL LONG TERMINATED: 06/15/2017

(See above for address) ATTORNEY TO BE NOTICED
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 185 of 745

Intervenor Plaintiff JANET HAGGERTY TERMINATED: 06/15/2017
Intervenor Plaintiff JOHN CHERUP TERMINATED: 06/15/2017

(See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 186 of 745

Intervenor Plaintiff JOSEPH ROSATI TERMINATED: 06/15/2017
Intervenor Plaintiff ANN W. HARRIS TERMINATED: 06/15/2017

(See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
KATIE NEALON (See above for address) TERMINATED: 06/15/2017
represented by KEVIN C. QUINN HOURIGAN KLUGER & QUINN PC 600 THIRD AVENUE KINGSTON, PA 18704 570−287−3000 Fax: 570−287−8005 Email: kquinn@hkqlaw.com TERMINATED: 07/27/2015 LEAD ATTORNEY
MICHAEL D. WALKER WALKER & WALKER PC POBOX 747 HAMLIN, PA 18427

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 187 of 745

Intervenor Plaintiff
EARL SIEGFRIED TERMINATED: 06/15/2017

570−689−4007 TERMINATED: 07/27/2015 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 06/15/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 06/15/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 06/15/2017
JAMES C. MUNLEY (See above for address) TERMINATED: 06/15/2017
JAMES ALDO VAGNINI VALLI KANE & VAGNINI LLP 600 OLD COUNTRY RD, SUITE 519 GARDEN CITY, NY 11530 516−203−7180 Email: jvagnini@vkvlawyers.com TERMINATED: 06/15/2017
JOHN M. MULCAHEY (See above for address) TERMINATED: 06/15/2017
JULIA MUNLEY (See above for address) TERMINATED: 06/15/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 188 of 745

Intervenor Plaintiff
LAWRENCE ANZIVINE TERMINATED: 04/23/2018

KATIE NEALON (See above for address) TERMINATED: 06/15/2017
ROBERT J. VALLI VALLI KANE & VAGNINI, LLP 600 OLD COUNTRY ROAD SUITE 519 GARDEN CITY, NY 11530 516−203−7180 Email: rvalli@vkvlawyers.com TERMINATED: 06/15/2017
SARA WYN KANE VALLI KANE & VAGNINI LLP 600 OLD COUNTRY RD, SUITE 519 GARDEN CITY, NY 11530 516−203−7180 Email: skane@vkvlawyers.com TERMINATED: 06/15/2017
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MATTHEW BERMAN (See above for address) TERMINATED: 04/23/2018
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD SIDNEY L. GOLD & ASSOCIATES, PC ELEVEN PENN CTR SUITE 515 1835 MARKET ST PHILADELPHIA, PA 19103 215−569−1999 Fax: 215−569−3870 Email: sgold@discrimlaw.net TERMINATED: 04/23/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 189 of 745

Intervenor Plaintiff JAMES BANNON TERMINATED: 04/23/2018
Intervenor Plaintiff BRUCE BONDS TERMINATED: 04/23/2018

represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 190 of 745

Intervenor Plaintiff CHARLES CADY TERMINATED: 04/23/2018
Intervenor Plaintiff CHRISTOPHER CHALLENDER TERMINATED: 04/23/2018

TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 191 of 745

Intervenor Plaintiff BENNY CHUNN TERMINATED: 04/23/2018
Intervenor Plaintiff NICHOLAS COSTANZO TERMINATED: 04/23/2018

SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 192 of 745

Intervenor Plaintiff JOSEPH DI BLASI TERMINATED: 04/23/2018
Intervenor Plaintiff JOHN DINEEN TERMINATED: 04/23/2018

TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 193 of 745

Intervenor Plaintiff JOSEPH ECKERT TERMINATED: 10/06/2017
Intervenor Plaintiff CEBIE EDWARDS TERMINATED: 04/23/2018

SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 10/06/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 10/06/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 10/06/2017
JAMES ALDO VAGNINI (See above for address) TERMINATED: 10/06/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MATTHEW BERMAN (See above for address) TERMINATED: 10/06/2017
ROBERT J. VALLI (See above for address) TERMINATED: 10/06/2017
SIDNEY L. GOLD (See above for address) TERMINATED: 10/06/2017
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 194 of 745

Intervenor Plaintiff WILLIAM FARR TERMINATED: 04/23/2018
Intervenor Plaintiff GERALD FLORES TERMINATED: 04/23/2018

TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 195 of 745

Intervenor Plaintiff DONALD FRANCHINO TERMINATED: 04/23/2018
Intervenor Plaintiff VIRGINIA GANGE TERMINATED: 04/23/2018

SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 196 of 745

Intervenor Plaintiff ROBERT GEBLER TERMINATED: 04/23/2018
Intervenor Plaintiff PAUL GILLIHAN TERMINATED: 04/23/2018

TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 197 of 745

Intervenor Plaintiff JAMES GREGG TERMINATED: 10/06/2017
Intervenor Plaintiff LEONARD GREGONLINE

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) ATTORNEY TO BE NOTICED
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 10/06/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 10/06/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 10/06/2017
JAMES ALDO VAGNINI (See above for address) TERMINATED: 10/06/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MATTHEW BERMAN (See above for address) TERMINATED: 10/06/2017
ROBERT J. VALLI (See above for address) TERMINATED: 10/06/2017
SARA WYN KANE (See above for address) TERMINATED: 10/06/2017
represented by COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
JAMES ALDO VAGNINI (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 198 of 745

Intervenor Plaintiff DAVID GROSSNICKLAUS TERMINATED: 04/23/2018
Intervenor Plaintiff LARRY HALL TERMINATED: 04/23/2018

ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
ROBERT J. VALLI (See above for address) ATTORNEY TO BE NOTICED
SARA WYN KANE (See above for address) ATTORNEY TO BE NOTICED
SIDNEY L. GOLD (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 199 of 745

Intervenor Plaintiff RAYMOND HATTAWAY TERMINATED: 04/23/2018
Intervenor Plaintiff THOMAS HAWKINS TERMINATED: 10/03/2018

DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) ATTORNEY TO BE NOTICED
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 200 of 745

Intervenor Plaintiff
JOHN HOGAN TERMINATED: 04/23/2018

TERMINATED: 10/03/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 10/03/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 10/03/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 10/03/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
ROBERT J. VALLI (See above for address) TERMINATED: 10/03/2018
SARA WYN KANE (See above for address) TERMINATED: 10/03/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 10/03/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 201 of 745

Intervenor Plaintiff WILLIAM HOGAN TERMINATED: 04/27/2017
Intervenor Plaintiff DENNIS KARLAN TERMINATED: 04/23/2018

(See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/27/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/27/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 04/27/2017
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/27/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MATTHEW BERMAN (See above for address) TERMINATED: 04/27/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/27/2017
SARA WYN KANE (See above for address) TERMINATED: 04/27/2017
SIDNEY L. GOLD (See above for address) TERMINATED: 04/27/2017
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 202 of 745

Intervenor Plaintiff DONALD MATTINGLY TERMINATED: 04/23/2018
Intervenor Plaintiff DONALD MCCRARY TERMINATED: 04/23/2018

SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 203 of 745

Intervenor Plaintiff JAMES MORGAN TERMINATED: 04/23/2018
Intervenor Plaintiff WILLIAM MURTHA TERMINATED: 04/23/2018

(See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 204 of 745

Intervenor Plaintiff BRIAN PURTLE TERMINATED: 04/23/2018
Intervenor Plaintiff CHARLES RANDAZZO TERMINATED: 04/23/2018

ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 205 of 745

Intervenor Plaintiff EDWARD RESNER TERMINATED: 04/23/2018
Intervenor Plaintiff DONALD RIGGINS TERMINATED: 04/23/2018

(See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 206 of 745

Intervenor Plaintiff JAMES SHUMAKER TERMINATED: 05/17/2018
Intervenor Plaintiff LYNN SOWARD TERMINATED: 04/23/2018

JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 05/17/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 05/17/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 05/17/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 05/17/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 05/17/2018
SARA WYN KANE (See above for address) TERMINATED: 05/17/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 05/17/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 207 of 745

Intervenor Plaintiff ARTHUR SPEARS, III TERMINATED: 04/23/2018
Intervenor Plaintiff NICHOLAS STAVOLA TERMINATED: 04/23/2018

(See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 208 of 745

Intervenor Plaintiff BRIEN SULLIVAN TERMINATED: 04/23/2018
Intervenor Plaintiff ROBERT SUTTER TERMINATED: 04/23/2018

JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 209 of 745

Intervenor Plaintiff WILLIAM TARRIER TERMINATED: 04/23/2018
Intervenor Plaintiff MICHAEL VALENTE TERMINATED: 04/23/2018

(See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 210 of 745

Intervenor Plaintiff RUBY WATKINS TERMINATED: 04/23/2018
Intervenor Plaintiff

DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 211 of 745

GARY WEAVER TERMINATED: 04/23/2018
Intervenor Plaintiff CHRISTOPHER SULLIVAN TERMINATED: 04/23/2018

COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018

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Intervenor Plaintiff JOYCE MORGAN TERMINATED: 04/23/2018
Intervenor Plaintiff RODNEY TABOR TERMINATED: 07/28/2017

represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by ALAN L. YATVIN (See above for address) TERMINATED: 07/28/2017 LEAD ATTORNEY
JESSICA F. SALONUS GILBERT RUSSELL MCWHERTER SCOTT BOBBITT PLC 101 N HIGHLAND AVE JACKSON, TN 38301 731−664−1340 Email: jsalonus@gilbertfirm.com TERMINATED: 07/28/2017 LEAD ATTORNEY
JONATHAN L. BOBBITT MCWHERTER SCOTT BOBBITT PLC 341 COOL SPRINGS BLVD SUITE 230 FRANKLIN, TN 37067 615−354−1144 Email: jonathan@msb.law TERMINATED: 07/28/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 07/28/2017
DAVID W. MARSTON , JR.

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Intervenor Plaintiff
JUDI ALLEN TERMINATED: 07/28/2017

(See above for address) TERMINATED: 07/28/2017
HOWARD D. POPPER POPPER & YATVIN 230 S. BROAD STREET SUITE 503 PHILADELPHIA, PA 19102 215−546−5700 Fax: 215−546−5701 Email: popper.yatvin@verizon.net TERMINATED: 07/28/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 07/28/2017
JAMES ALDO VAGNINI (See above for address) TERMINATED: 07/28/2017
JUSTIN S. GILBERT GILBERT RUSSELL MCWHERTER SCOTT BOBBITT PLC 100 W MARTIN LUTHER KING BLVD SUITE 504 CHATTANOOGA, TN 37402 423−499−3044 Email: jgilbert@gilbertfirm.com TERMINATED: 07/28/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 07/28/2017
SARA WYN KANE (See above for address) TERMINATED: 07/28/2017
represented by ALAN L. YATVIN (See above for address) TERMINATED: 07/28/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 07/28/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 07/28/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 07/28/2017
JUSTIN S. GILBERT (See above for address) TERMINATED: 07/28/2017

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Intervenor Plaintiff FREDA SANFORD TERMINATED: 07/28/2017
Intervenor Plaintiff KAREN EMMERT TERMINATED: 07/28/2017

K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
ROBERT J. VALLI (See above for address) TERMINATED: 07/28/2017
SARA WYN KANE (See above for address) TERMINATED: 07/28/2017
represented by ALAN L. YATVIN (See above for address) TERMINATED: 07/28/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 07/28/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 07/28/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 07/28/2017
JAMES ALDO VAGNINI (See above for address) TERMINATED: 07/28/2017
JUSTIN S. GILBERT (See above for address) TERMINATED: 07/28/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 07/28/2017
SARA WYN KANE (See above for address) TERMINATED: 07/28/2017
represented by ALAN L. YATVIN (See above for address) TERMINATED: 07/28/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 07/28/2017

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Intervenor Plaintiff
CHRIS ROGERS TERMINATED: 07/28/2017

DAVID W. MARSTON , JR. (See above for address) TERMINATED: 07/28/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 07/28/2017
JAMES ALDO VAGNINI (See above for address) TERMINATED: 07/28/2017
JUSTIN S. GILBERT (See above for address) TERMINATED: 07/28/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 07/28/2017
SARA WYN KANE (See above for address) TERMINATED: 07/28/2017
represented by ALAN L. YATVIN (See above for address) TERMINATED: 07/28/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 07/28/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 07/28/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 07/28/2017
JAMES ALDO VAGNINI (See above for address) TERMINATED: 07/28/2017
JUSTIN S. GILBERT (See above for address) TERMINATED: 07/28/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 07/28/2017
SARA WYN KANE

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Intervenor Plaintiff ISABELL HUIE TERMINATED: 07/28/2017
Intervenor Plaintiff JOHN SIMERLY TERMINATED: 07/28/2017

(See above for address) TERMINATED: 07/28/2017
represented by ALAN L. YATVIN (See above for address) TERMINATED: 07/28/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 07/28/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 07/28/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 07/28/2017
JAMES ALDO VAGNINI (See above for address) TERMINATED: 07/28/2017
JUSTIN S. GILBERT (See above for address) TERMINATED: 07/28/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 07/28/2017
SARA WYN KANE (See above for address) TERMINATED: 07/28/2017
represented by ALAN L. YATVIN (See above for address) TERMINATED: 07/28/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 07/28/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 07/28/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 07/28/2017
JAMES ALDO VAGNINI (See above for address) TERMINATED: 07/28/2017
JUSTIN S. GILBERT

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Intervenor Plaintiff MICHAEL SIMERLY TERMINATED: 07/28/2017
Intervenor Plaintiff JACALYN L. HOGAN AS SUCCESSOR FOR THE ESTATE OF WILLIAM HOGAN TERMINATED: 04/23/2018

(See above for address) TERMINATED: 07/28/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 07/28/2017
SARA WYN KANE (See above for address) TERMINATED: 07/28/2017
represented by ALAN L. YATVIN (See above for address) TERMINATED: 07/28/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 07/28/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 07/28/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 07/28/2017
JAMES ALDO VAGNINI (See above for address) TERMINATED: 07/28/2017
JUSTIN S. GILBERT (See above for address) TERMINATED: 07/28/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 07/28/2017
SARA WYN KANE (See above for address) TERMINATED: 07/28/2017
represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 04/23/2018 LEAD ATTORNEY
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018 LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 218 of 745
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018 LEAD ATTORNEY
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018 LEAD ATTORNEY
MATTHEW BERMAN (See above for address) TERMINATED: 04/23/2018 LEAD ATTORNEY
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018 LEAD ATTORNEY
SARA WYN KANE (See above for address) TERMINATED: 04/23/2018 LEAD ATTORNEY
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018 LEAD ATTORNEY
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017

V.
Defendant
AGENTS PENSION PLAN TERMINATED: 10/18/2001

represented by EDWARD F. MANNINO AKIN GUMP STRAUSS HAUER & FELD LLP TWO COMMERCE SQ SUITE 4100 2001 MARKET ST. PHILADELPHIA, PA 19103 215−965−1200 Fax: 215−965−1210 TERMINATED: 10/18/2001 LEAD ATTORNEY
ERICA ZOLNER KIRKLAND & ELLIS LLP 601 LEXINGTON AVENUE NEW YORK, NY 10022 312−862−3247 Email: erica.zolner@kirkland.com ATTORNEY TO BE NOTICED
JORDAN M. HEINZ KIRKLAND & ELLIS LLP 300 NORTH LASALLE ST CHICAGO, IL 60654 312−862−2000 Email: jheinz@kirkland.com ATTORNEY TO BE NOTICED

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Defendant ADMINISTRATIVE COMMITTEE AGENTS PENSION PLAN TERMINATED: 10/18/2001
Defendant THE SAVINGS AND PROFIT SHARING FUND OF ALLSTATE EMPLOYEES TERMINATED: 10/18/2001 Defendant PROFIT SHARING COMMITTEE TERMINATED: 10/18/2001
Defendant HEALTHCARE ALLIANCE PLAN TERMINATED: 10/18/2001
Defendant ALLCARE PLAN (a/k/a ALLSTATE EMPLOYEE GROUP MEDICAL PLAN) TERMINATED: 10/18/2001 Defendant PLAN ADMINISTRATOR ALLCARE PLAN TERMINATED: 10/18/2001
Defendant ALLSTATE DENTAL ASSISTANCE PLAN

KATHERINE M. KATCHEN AKIN GUMP STRAUSS HAUER & FELD, LLP TWO COMMERCE SQ 2001 MARKET ST., STE 4100 PHILADELPHIA, PA 19103 215−965−1200 Email: kkatchen@akingump.com ATTORNEY TO BE NOTICED
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
ERICA ZOLNER (See above for address) ATTORNEY TO BE NOTICED
JORDAN M. HEINZ (See above for address) ATTORNEY TO BE NOTICED
KATHERINE M. KATCHEN (See above for address) ATTORNEY TO BE NOTICED
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 220 of 745

TERMINATED: 10/18/2001
Defendant PLAN ADMINISTRATOR ALLSTATE DENTAL ASSISTANCE PLAN TERMINATED: 10/18/2001
Defendant ALLSTATE VISION CARE PLAN TERMINATED: 10/18/2001
Defendant PLAN ADMINISTRATOR ALLSTATE VISION CARE PLAN TERMINATED: 10/18/2001
Defendant FLEXIBLE SPENDING ACCOUNT PROGRAM TERMINATED: 10/18/2001
Defendant PLAN ADMINISTRATOR FLEXIBLE SPENDING ACCOUNT PROGRAM TERMINATED: 10/18/2001
Defendant PLAN ADMINISTRATOR ALLSTATE GROUP LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT PLAN TERMINATED: 10/18/2001
Defendant THE ALLSTATE GROUP LONG TERM DISABILITY INSURANCE PLAN TERMINATED: 10/18/2001
Defendant PLAN ADMINISTRATOR THE ALLSTATE GROUP LONG TERM DISABILITY INSURANCE PLAN TERMINATED: 10/18/2001
Defendant ALLSTATE LONG TERM CARE INSURANCE PLAN TERMINATED: 10/18/2001
Defendant

TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 221 of 745

PLAN ADMINISTRATOR ALLSTATE LONG TERM CARE INSURANCE PLAN TERMINATED: 10/18/2001
Defendant GROUP LEGALCARE PLAN TERMINATED: 10/18/2001
Defendant PLAN ADMINISTRATOR GROUP LEGALCARE PLAN TERMINATED: 10/18/2001
Defendant ALLSTATE SERVICE ALLOWANCE PLAN TERMINATED: 10/18/2001
Defendant PLAN ADMINISTRATOR ALLSTATE SERVICE ALLOWANCE PLAN TERMINATED: 10/18/2001
Defendant ALLSTATE EMPLOYEE ASSISTANCE PROGRAM ALLSTATE INSURANCE COMPANY TERMINATED: 10/18/2001
Defendant PLAN ADMINISTRATOR ALLSTATE EMPLOYEE ASSISTANCE PROGRAM ALLSTATE INSURANCE COMPANY TERMINATED: 10/18/2001
Defendant EDWARD M. LIDDY IN HIS CAPACITY AS PRESIDENT, CHAIRMAN AND CHIEF EXECUTIVE OFFICER OF THE ALLSTATE CORPORATION AND ALLSTATE INSURANCE COMPANY

represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOHN B. LANGEL BALLARD SPAHR ANDREWS & INGERSOLL LLP 1735 MARKET ST., 51ST FL PHILADELPHIA, PA 19103 215−864−8227 Fax: 215−864−9754 Email: langel@ballardspahr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
KATHERINE M. KATCHEN (See above for address)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 222 of 745

Defendant
ALLSTATE INSURANCE COMPANY ALLSTATE INSURANCE COMPANY

LEAD ATTORNEY ATTORNEY TO BE NOTICED
CHRISTOPHER TODD COGNATO BALLARD SPAHR LLP 1735 MARKET STREET 51ST FLOOR PHILADELPHIA, PA 19103 215−864−8126 Email: cognatoc@ballardspahr.com ATTORNEY TO BE NOTICED
ELIZABETH MCMANUS BALLARD SPAHR 1735 MARKET ST PHILADELPHIA, PA 19103 215−864−8267 Email: mcmanuse@ballardspahr.com TERMINATED: 02/05/2018
ERICA ZOLNER (See above for address) ATTORNEY TO BE NOTICED
JORDAN M. HEINZ (See above for address) ATTORNEY TO BE NOTICED
RICHARD C. GODFREY KIRKLAND & ELLIS 300 NORTH LASALLE ST CHICAGO, IL 60654 312−−862−2000 Email: rgodfrey@kirkland.com ATTORNEY TO BE NOTICED
STEPHANIE KAY DEIGER BALLARD SPAHR ANDREWS & INGERSOLL 1735 MARKET ST. 51ST FL. PHILA, PA 19103 215−864−8664 Email: deigers@ballardspahr.com TERMINATED: 08/27/2010
represented by ANNA CARRON KIRKLAND & ELLIS LLP 300 N LASALLE CHICAGO, IL 60654 312−862−2000 Email: anna.carron@kirkland.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
BENJAMIN O'CONNOR KIRKLAND & ELLIS LLP 300 N LASALLE CHICAGO, IL 60654 312−862−2000 Email: benjamin.oconnor@kirkland.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 223 of 745
DONNA M. WELCH KIRKLAND & ELLIS 300 N. LASALLE STREET CHICAGO, IL 60654 312−862−2000 Email: dwelch@kirkland.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
DREW G.A. PEEL RACHLIS DUFF ADLER & PEEL LLC 542 SOUTH DEARBORN SUITE 900 CHICAGO, IL 60605 312−275−0337 Email: dpeel@rdaplaw.net TERMINATED: 04/02/2013 LEAD ATTORNEY
EDWARD F. MANNINO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
HARIKLIA KARIS KIRKLAND & ELLIS LLP 300 NORTH LASALLE SUITE 2400 CHICAGO, IL 60605 312−862−2330 Email: hkaris@kirkland.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
JANE S. PARK EXELON CORP ASST GENERAL COUNSEL 10 SOUTH DEARBORN 49TH FL CHICAGO, IL 60603 312−394−4335 Email: jane.park@exeloncorp.com TERMINATED: 08/13/2012 LEAD ATTORNEY
JENNA STUPAR KIRKLAND & ELLIS LLP 300 N. LASALLE CHICAGO, IL 60654 312−862−2000 Email: jenna.stupar@kirkland.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
KATHERINE M. KATCHEN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
PETER A. BELLACOSA KIRKLAND & ELLIS 601 LEXINGTON AVENUE NEW YORK, NY 10022 212−446−4800 Email: pbellacosa@kirkland.com TERMINATED: 06/12/2018

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 224 of 745
LEAD ATTORNEY
RICHARD C. GODFREY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SALLIE G. SMYLIE KIRKLAND & ELLIS 300 NORTH LASALLE ST CHICAGO, IL 60654 312−862−2000 Email: ssmylie@kirkland.com TERMINATED: 02/02/2017 LEAD ATTORNEY
TIA T. TROUT PEREZ KIRKLAND & ELLIS 655 FIFTEENTH STREET, NW SUITE 1200 WASHINGTON, DC 20005 312−862−7177 Email: tia.trout−perez@kirkland.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
W. RANDOLPH TESLIK AKIN GUMP STRAUSS HAUER & FELD LLP 1333 NEW HAMPSHIRE AVE NW STE 1000 WASHINGTON, DC 20036 202−887−4287 Email: rteslik@akingump.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
BRIAN BORCHARD KIRKLAND & ELLIS LLP 300 NORTH LASALLE CHICAGO, IL 60654 312−862−2769 Email: brian.borchard@kirkland.com ATTORNEY TO BE NOTICED
CHRISTOPHER Q. KING DENTON US LLP 233 SOUTH WACKER DR STE 7800 CHICAGO, IL 60606 312−876−8224 Email: christopher.king@snrdenton.com TERMINATED: 02/09/2018
DONALD R. LIVINGSTON AKIN, GUMP, STRAUSS HAUER & FELD LLP 1333 NEW HAMPSHIRE AVE., NW STE. 400 WASHINGTON, DC 20036 202−887−4000 Email: dlivingston@akingump.com TERMINATED: 02/21/2018
ERIC FIELD AKIN GUMP STRAUSS HAUER &

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Defendant
THE ALLSTATE CORPORATION THE ALLSTATE CORPORATION

FELD 1333 NEW HAMPSHIRE AVE NW WASHINGTON, DC 20036 202−887−4146 Email: efield@akingump.com ATTORNEY TO BE NOTICED
ERICA ZOLNER (See above for address) ATTORNEY TO BE NOTICED
GREGORY TSONIS KIRKLAND & ELLIS LLP 300 NORTH LASALLE CHICAGO, IL 60654 312−862−2000 Email: gregory.tsonis@kirkland.com ATTORNEY TO BE NOTICED
JORDAN M. HEINZ (See above for address) ATTORNEY TO BE NOTICED
SCOTT W. FOWKES KIRKLAND & ELLIS LLP 300 NORTH LASALLE CHICAGO, IL 60654 312−862−2496 Email: sfowkes@kirkland.com ATTORNEY TO BE NOTICED
represented by DONNA M. WELCH (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DREW G.A. PEEL (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
EDWARD F. MANNINO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JANE S. PARK (See above for address) TERMINATED: 08/13/2012 LEAD ATTORNEY
KATHERINE M. KATCHEN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
MARY KAY COSTELLO UNITED STATES ATTORNEY'S OFFICE 615 CHESTNUT STREET SUITE 1250 PHILADELPHIA, PA 19106−4476 215−861−8923

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Defendant PLAN ADMINISTRATOR TERMINATED: 10/18/2001
Defendant PLAN ADMINISTRATOR TERMINATED: 10/18/2001

Email: marykay.costello@usdoj.gov TERMINATED: 06/20/2016 LEAD ATTORNEY
RICHARD C. GODFREY (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
SALLIE G. SMYLIE (See above for address) TERMINATED: 02/02/2017 LEAD ATTORNEY
W. RANDOLPH TESLIK (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
CHRISTOPHER Q. KING (See above for address) TERMINATED: 02/09/2018
DONALD R. LIVINGSTON (See above for address) TERMINATED: 02/21/2018
ERICA ZOLNER KIRKLAND & ELLIS LLP 300 NORTH LASALLE ST CHICAGO, IL 60654 312−862−3247 Email: erica.zolner@kirkland.com ATTORNEY TO BE NOTICED
GREGORY TSONIS (See above for address) ATTORNEY TO BE NOTICED
JORDAN M. HEINZ (See above for address) ATTORNEY TO BE NOTICED
PETER A. BELLACOSA (See above for address) TERMINATED: 06/12/2018
SCOTT W. FOWKES (See above for address) ATTORNEY TO BE NOTICED
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY
represented by EDWARD F. MANNINO (See above for address) TERMINATED: 10/18/2001 LEAD ATTORNEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 227 of 745

V. Respondent PAULA SCHOTT TERMINATED: 10/06/2017
V. Intervenor Defendant GARY NEWSOM TERMINATED: 07/28/2017
V. Movant THOMAS SCHNEIDER TERMINATED: 04/23/2018

represented by COLEEN M. MEEHAN (See above for address) TERMINATED: 10/06/2017 LEAD ATTORNEY
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
MARISEL ACOSTA (See above for address) ATTORNEY TO BE NOTICED
represented by ALAN L. YATVIN (See above for address) TERMINATED: 07/28/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 07/28/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 07/28/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 07/28/2017
JAMES ALDO VAGNINI (See above for address) TERMINATED: 07/28/2017
JUSTIN S. GILBERT (See above for address) TERMINATED: 07/28/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 07/28/2017
SARA WYN KANE (See above for address) TERMINATED: 07/28/2017
represented by COLEEN M. MEEHAN (See above for address)

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Movant PHILLIP ANDERSON TERMINATED: 07/28/2017
Interested Party EEOC

TERMINATED: 04/23/2018
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 04/23/2018
JACQUELINE GORBEY (See above for address) TERMINATED: 04/23/2018
JAMES ALDO VAGNINI (See above for address) TERMINATED: 04/23/2018
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 04/23/2018
SIDNEY L. GOLD (See above for address) TERMINATED: 04/23/2018
represented by ALAN L. YATVIN (See above for address) TERMINATED: 07/28/2017 LEAD ATTORNEY
COLEEN M. MEEHAN (See above for address) TERMINATED: 07/28/2017
DAVID W. MARSTON , JR. (See above for address) TERMINATED: 07/28/2017
JACQUELINE GORBEY (See above for address) TERMINATED: 07/28/2017
JUSTIN S. GILBERT (See above for address) TERMINATED: 07/28/2017
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
ROBERT J. VALLI (See above for address) TERMINATED: 07/28/2017
SARA WYN KANE (See above for address) TERMINATED: 07/28/2017
represented by BRUCE V. GRIFFITHS EQUAL EMPLOYMENT OPP. COMMISSION

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21 S. 5TH ST. STE. 400 PHILA, PA 19106−2515 TEL 215−440−2685 TERMINATED: 07/19/2002 LEAD ATTORNEY
CARL FELIX MILLER EQUAL EMPLOYMENT U.S. OPPORTUNITY COMMISSION 1222 SPRUCE STREET ROOM 8100 ST. LOUIS, MO 63103 314−539−7949 Email: FELIX.MILLER@EEOC.GOV LEAD ATTORNEY ATTORNEY TO BE NOTICED
IRIS SANTIAGO FLORES EQUAL EMPLOYMENT OPPORTUNITY COM PHILA DISTRICT OFFICE 801 MARKET ST. PENTHOUSE, SUITE 1300 PHILADELPHIA, PA 19107 215−440−2684 Email: iris.santiago−flores@eeoc.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
BRIAN M. ERCOLE (See above for address) ATTORNEY TO BE NOTICED
COLEEN M. MEEHAN (See above for address) ATTORNEY TO BE NOTICED
DAVID W. MARSTON , JR. (See above for address) ATTORNEY TO BE NOTICED
JACQUELINE GORBEY (See above for address) ATTORNEY TO BE NOTICED
K. CATHERINE RONEY (See above for address) TERMINATED: 06/13/2017
MICHAEL D. LIEDER (See above for address) ATTORNEY TO BE NOTICED

Date Filed 08/01/2001 08/01/2001 08/01/2001

# Docket Text
1 Complaint. filing fee $ 150 receipt # 768290 (tj) (Entered: 08/01/2001)
Summons(es) 30 issued. Mailed to counsel on 8/1/01. (tj) (Entered: 08/01/2001)
Demand for jury trial by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER,

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08/01/2001 08/08/2001 08/16/2001 08/16/2001 08/16/2001
08/16/2001 08/16/2001
08/16/2001 10/16/2001

PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON. (tj) (Entered: 08/01/2001)
Special Case Management Track. (tj) (Entered: 08/01/2001)
Letter to STEVEN H. DOTO re: L.R. 83.5. (tj) (Entered: 08/08/2001)
2 Waiver of Service Returned Executed as to DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP., DEFENDANT AGENTS PENSION PLAN, DEFENDANT ADMINISTRATIVE COM., DEFENDANT THE SAVINGS AND PROF 8/16/01 Answer due on 10/15/01 for THE SAVINGS AND PROF, for ADMINISTRATIVE COM., for AGENTS PENSION PLAN, for THE ALLSTATE CORP., for ALLSTATE INSURANCE (rv) (Entered: 08/17/2001)
3 Waiver of Service Returned Executed as to DEFENDANT PROFIT SHARING COMM., DEFENDANT PLAN ADMINISTRATOR, DEFENDANT HEALTHCARE ALLIANCE, DEFENDANT PLAN ADMINISTRATOR, DEFENDANT ALLCARE PLAN 8/16/01 Answer due on 10/15/01 for ALLCARE PLAN, for PLAN ADMINISTRATOR, for HEALTHCARE ALLIANCE, for PLAN ADMINISTRATOR, for PROFIT SHARING COMM. (rv) (Entered: 08/17/2001)
4 Waiver of Service Returned Executed as to DEFENDANT PLAN ADMINISTRATOR, DEFENDANT ALLSTATE DENTAL, DEFENDANT PLAN ADMINISTRATOR, DEFENDANT ALLSTATE VISION CARE, DEFENDANT PLAN ADMINISTRATOR 8/16/01 Answer due on 10/15/01 for PLAN ADMINISTRATOR, for ALLSTATE VISION CARE, for PLAN ADMINISTRATOR, for ALLSTATE DENTAL, for PLAN ADMINISTRATOR. (rv) (Entered: 08/17/2001)
5 Waiver of Service Returned Executed as to DEFENDANT FLEXIBLE SPENDING, DEFENDANT PLAN ADMINISTRATOR, DEFENDANT ALLSTATE GROUP LIFE, DEFENDANT PLAN ADMINISTRATOR, DEFENDANT THE ALLSTATE GROUP 8/16/01 Answer due on 10/15/01 for THE ALLSTATE GROUP, for PLAN ADMINISTRATOR, for ALLSTATE GROUP LIFE, for PLAN ADMINISTRATOR, for FLEXIBLE SPENDING. (rv) (Entered: 08/17/2001)
6 Waiver of Service Returned Executed as to DEFENDANT PLAN ADMINISTRATOR, DEFENDANT ALLSTATE LONG TERM, DEFENDANT PLAN ADMINISTRATOR, DEFENDANT GROUP LEGALCARE PLAN, DEFENDANT PLAN ADMINISTRATOR 8/16/01 Answer due on 10/15/01 for PLAN ADMINISTRATOR, for GROUP LEGALCARE PLAN, for PLAN ADMINISTRATOR, for ALLSTATE LONG TERM, for PLAN ADMINISTRATOR. (rv) (Entered: 08/17/2001)
7 Waiver of Service Returned Executed as to DEFENDANT ALLSTATE SERVICE, DEFENDANT PLAN ADMINISTRATOR, DEFENDANT ALLSTATE EMPLOYEE, DEFENDANT PLAN ADMINISTRATOR, DEFENDANT EDWARD M. LIDDY 8/16/01 Answer due on 10/15/01 for EDWARD M. LIDDY, for PLAN ADMINISTRATOR, for ALLSTATE EMPLOYEE, for PLAN ADMINISTRATOR, for ALLSTATE SERVICE. (rv) (Entered: 08/17/2001)
8 STIPULATION & ORDER THAT PLAINTIFF SHALL FILE AN AMENDED COMPLAINT NO LATER THAN 10/18/01 , AND DEFENDANTS SHALL ANSWER, PLEAD OTHERWISE RESPOND TO THE AMENDED COMPLAINT NO LATER THAN 11/7/01 (Attorney: EDWARD F. MANNINO) ( SIGNED BY JUDGE JOHN P. FULLAM ) 10/16/01 ENTERED AND COPIES MAILED AND FAXED. (rv) Modified on 10/18/2001 (Entered: 10/16/2001)

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10/18/2001
10/23/2001
10/24/2001 10/30/2001
11/07/2001 11/07/2001 11/14/2001

9 First Amended complaint by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON , amending complaint, jury demand, Certificate of Service. (rv) (Entered: 10/22/2001)
10 Praecipe by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON, to file the First Amended Class Action Complaint with attached exhibits, Certificate of Service. (Exhibits attached). (rv) (Entered: 10/24/2001)
Copy of First Amended Complaint which was originally filed on 10/18/01 with exhibits now attached. (See Paper No. 10). (rv) Modified on 10/24/2001 (Entered: 10/24/2001)
11 MOTION by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON FOR CLASS CERTIFICATION, AUTHORIZATION TO PROCEED WITH COLLECTIVE ACTION AND AUTHORIZATION TO SEND NOTICE , MEMORANDUM, DECLARATIONS, CERTIFICATE OF SERVICE. (rv) (Entered: 10/31/2001)
12 MOTION by DEFENDANT EDWARD M. LIDDY TO DISMISS DEFENDANT EDWARD M. LIDDY PURSUANT TO F.R.C.P. 12(B)(2) , MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 11/08/2001)
13 MOTION by DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. TO DISMISS THE AMENDED COMPLAINT , MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 11/08/2001)
14 STIPULATION & ORDER THAT DEFENDANTS SHALL FILE THEIR RESPONSE TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND PLAINTIFFS' SHALL FILE THEIR RESPONSE TO DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT NO LATER THAN 12/18/01. REPLY BRIEFS

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11/20/2001 12/10/2001 12/13/2001
12/13/2001
12/13/2001

WITH RESPECT TO BOTH MOTIONS SHALL BE FILED NO LATER THAN 1/4/02. ( SIGNED BY JUDGE JOHN P. FULLAM ) 11/15/01 ENTERED AND COPIES FAXED. (rv) (Entered: 11/15/2001)
15 STIPULATION & ORDER THAT DEFENDANT SHALL FILE HIS RESPONSE TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION AND PLAINTIFFS SHALL FILE THEIR RESPONSE TO DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT NOT LATER THAN 12/18/01. , ALSO, REPLY BRIEFS WITH RESPECT TO BOTH MOTIONS SHALL BE FILED NOT LATER THAN 1/4/02 ( SIGNED BY JUDGE JOHN P. FULLAM ) 11/21/01 ENTERED AND COPIES FAXED. (rv) (Entered: 11/21/2001)
16 MOTION by DEFENDANT EDWARD M. LIDDY, DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. TO STAY CONSIDERATION OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION , OR, IN THE ALTERNATIVE TO SET CLASS DISCOVERY AND BRIEFING SCHEDULE , MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 12/11/2001)
17 MOTION by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON TO ADMIT MICHAEL D. LIEDER TO APPEAR AS COUNSEL PRO HAC VICE , CERTIFICATE OF SERVICE. (rv) (Entered: 12/14/2001)
18 MOTION by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON TO ADMIT THOMAS W. OSBOURNE TO APPEAR AS COUNSEL PRO HAC VICE ,CERTIFICATE OF SERVICE. (rv) (Entered: 12/14/2001)
19 MOTION by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON TO TO ADMIT MARY ELLEN SIGNOILLE TO APPEAR AS

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12/13/2001 12/13/2001 12/17/2001 12/18/2001

COUNSEL PRO HAC VICE , CERTIFICATE OF SERVICE. (rv) (Entered: 12/14/2001)
20 MOTION by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON TO TO ADMIT MICHAEL J. WILSON TO APPEAR PRO HAC VICE , CERTIFICATE OF SERVICE. (rv) (Entered: 12/14/2001)
21 MOTION by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON TO ADMIT SUSAN M. COLER TO APPEAR PRO HAC VICE , CERTIFICATE OF SERVICE. (rv) (Entered: 12/14/2001)
22 Response by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON in opposition to MOTION TO STAY CONSIDERATION OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION OR, IN THE ALTERNATIVE, TO SET CLASS DISCOVERY AND BRIEFING SCHEDULE, Certificate of Service. (md) (Entered: 12/18/2001)
23 Response by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T.

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12/18/2001
12/18/2001 12/18/2001 12/18/2001 12/21/2001 12/28/2001
12/28/2001 01/04/2002 01/04/2002

WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON in opposition to DEFENDANT ALLSTATE'S MOTION TO DISMISS THE AMENDED COMPLAINT , Certificate of Service. (rv) (Entered: 12/19/2001)
24 Response by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON in opposition to DEFENDANT EDWARD M. LIDDY'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION, Certificate of Service. (rv) (Entered: 12/19/2001)
25 Declaration by PLAINTIFF CRAIG A. MILLISON. (rv) (Entered: 12/19/2001)
26 Response by DEFENDANT EDWARD M. LIDDY, DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. in opposition to PLAINTIFF'S MOTION FOR CLASS CERTIFICATION, Certificate of Service. (rv) (Entered: 12/19/2001)
27 Response by DEFENDANT EDWARD M. LIDDY in opposition to PLAINTIFF'S MOTION FOR CLASS CERTIFICATION, Certificate of Service. (rv) (Entered: 12/19/2001)
28 Reply by DEFENDANT EDWARD M. LIDDY, DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. in support of their MOTION TO STAY CONSIDERATION OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATION, Certificate of Service. (md) (Entered: 12/24/2001)
29 JOINT MOTION by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON, MOVANT EEOC TO CONSOLIDATE ACTIONS , MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 12/28/2001)
30 MOTION by MOVANT EEOC TO FILE BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS , CERTIFICATE OF SERVICE. (MEMORANDUM IN OPPOSITION ATTACHED). (rv) (Entered: 12/28/2001)
31 Reply by DEFENDANT EDWARD M. LIDDY to PLAINTIFF'S opposition to DEFENDANT EDWARD M. LIDDY'S MOTION TO DISMISS PURSUANT F.R.C.P. 12(B)(2), Certificate of Service. (rv) (Entered: 01/07/2002)
32 Reply Brief by DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. in support of DEFENDANTS MOTION TO DISMISS THE AMENDED COMPLAINT , Certificate of Service. (rv) (Entered: 01/07/2002)

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01/04/2002
01/08/2002 01/10/2002 01/11/2002 01/11/2002 01/11/2002 01/30/2002
01/31/2002 01/31/2002

33 Reply by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON in further support of their MOTION FOR CLASS CERTIFICATION, , Certificate of Service. (rv) (Entered: 01/07/2002)
34 ORDER THAT THE MOTIONS TO ADMIT MICHAEL J. WILSON, SUSUAN M. COLER, MICHAEL D. LIEDER, THOMAS W. OSBOURNE AND MARY ELLEN SIGNOILLE TO APPEAR AS COUNSEL PRO HAC VICE, THESE MOTIONS ARE GRANTED. ( SIGNED BY JUDGE JOHN P. FULLAM ) 1/8/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 01/08/2002)
35 MOTION by DEFENDANT EDWARD M. LIDDY, DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. FOR INITIAL PRE−TRIAL CONFERENCE AND SCHEDULING CONFERENCE , CERTIFICATE OF SERVICE. (rv) (Entered: 01/11/2002)
36 MOTION by DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. FOR RICHARD C. GODFREY TO APPEAR PRO HAC VICE , CERTIFICATE OF SERVICE. (gn) (Entered: 01/14/2002)
37 MOTION by DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. FOR DONALD R. LIVINGSTON TO APPEAR PRO HAC VICE , CERTIFICATE OF SERVICE. (gn) (Entered: 01/14/2002)
38 MOTION by DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. FOR SALLIE G. SMYLIE TO APPEAR PRO HAC VICE , CERTIFICATE OF SERVICE. (gn) (Entered: 01/14/2002)
39 Response by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON to DEFENDANTS' MOTION FOR INITIAL PRE−TRIAL CONFERENCE AND SCHEDULING CONFERENCE, Certificate of Service. (rv) (Entered: 01/30/2002)
40 Praecipe by PLAINTIFF'S COUNSEL to file an executed signature page in place of the unexecuted siganture page for PLAINTIFF'S Response to DEFENDANTS' MOTION FOR INITIAL PRETRIAL AND SCHEDULING CONFERENCE filed on 1/30/02, Certificate of Service.. (rv) Modified on 02/01/2002 (Entered: 02/01/2002)
41 STIPULATION & ORDER THAT PLAINTIFF'S SHALL FILE THEIR RESPONSE TO DEFENDANTS' MOTION FOR INITIAL PRE−TRIAL CONFERENCE AND SCHEDULING CONFERENCE NOT LATER THAN 2/1/02. ( SIGNED BY JUDGE JOHN P. FULLAM ) 2/1/02 ENTERED AND MAILED AND FAXED. (rv) (Entered: 02/01/2002)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 236 of 745

02/04/2002 02/04/2002 02/06/2002 02/06/2002 02/06/2002 02/06/2002 02/25/2002
02/28/2002
03/11/2002 03/11/2002 03/28/2002

42 ORDER THAT THE MOTION FOR DEFENDANTS' ALLSTATE INSURANCE CO. AND THE ALLSTATE CORP'S. FOR PRO HAC VICE ADMISSION OF RICHARD C. GODFREY, SALLIE G. SMYLIE AND DONALD R. LIVINGSTON IS GRANTED. (Attorney: SALLIE G. SMYLIE, DONALD R. LIVINGSTON, RICHARD G. GODFREY) ( SIGNED BY JUDGE JOHN P. FULLAM ) 2/4/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 02/04/2002)
43 Reply by DEFENDANT EDWARD M. LIDDY, DEFENDANT THE ALLSTATE CORP. to the Memorandum filed by THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION in opposition to ALLSTATE'S MOTION TO DISMISS THE AMENDED COMPLAINT, Certificate of Service. (rv) (Entered: 02/05/2002)
44 ORDER THAT THE EEOC'S MOTION TO FILE BRIEF IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS IS GRANTED. ( SIGNED BY JUDGE JOHN P. FULLAM ) 2/6/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 02/06/2002)
45 ORDER THAT THE JOINT MOTION OF PLAINTIFFS GENE R. ROMERO, ET AL., AND PLAINTIIFF EEOC TO CONSOLIDATE ROMERO, ET AL. V. ALL STATE INSURANCE CO., ET AL., NO. 01−3894, AND EEOC V. ALLSTATE INSURANCE CO., ET AL., 01−7042, IS GRANTED. ( SIGNED BY JUDGE JOHN P. FULLAM ) 2/6/02 ENTERED AND MAILED AND FAXED. (rv) Modified on 02/06/2002 (Entered: 02/06/2002)
Consolidated Lead Case (rv) (Entered: 02/06/2002)
46 Memorandum by MOVANT EEOC in opposition to DEFENDANT ALLSTATE'S MOTION TO DISMISS THE AMENDED COMPLAINT, Certificate of Service. (rv) (Entered: 02/06/2002)
47 Memorandum by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON in opposition to DEFENDANT'S MOTION TO DISMISS, Certificate of Service. (rv) (Entered: 02/25/2002)
48 MEMORANDUM & ORDER THAT (1) ALLSTATE'S MOTIONS TO DISMISS ARE DENIED, WITHOUT PREJUDICE TO A PROPERLY SUPPORTED MOTION FOR SUMMARY JUDGMENT IF APPROPRIATE. (2) THE MOTION OF THE DEFENDANT EDWARD M. LIDDY TO DISMISS FOR LACK OF PERSONAL JURISDICTION IS DENIED, WITHOUT PREJUDICE. ( SIGNED BY JUDGE JOHN P. FULLAM ) 3/1/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 03/01/2002)
49 Answer with Defenses and Counterclaims by EDWARD M. LIDDY, ALLSTATE INSURANCE, THE ALLSTATE CORP. to amended complaint , Certificate of Service. (rv) (Entered: 03/12/2002)
ISSUE JOINED. (rv) (Entered: 03/12/2002)
50 Reply and Affirmative Defenses by GENE R. ROMERO, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD SR., DAVID C. LAWSON, NATHAN R. LITTLEJOHN II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 237 of 745

07/19/2002 07/26/2002
08/01/2002
08/01/2002
08/07/2002 08/08/2002

WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON to Purported Counterclaims of DEFENDANT ALLSTATE INSURANCE CO., Certificate of Service. (rv) (Entered: 03/28/2002)
51 Appearance of IRIS SANTIAGO−FLORES for MOVANT EEOC, Withdrawal of Appearance of Bruce V. Griffiths for EEOC, Certificate of Service. (cdd) (Entered: 07/22/2002)
52 MOTION by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON FOR JUDGMENT ON THE PLEADINGS AGAINST ALL DEFENDANTS ON COUNT I OF THE COMPLAINT AND AGAINST ALLSTATE INSURANCE COMPANY ON THAT DEFENDANT'S COUNTERCLAIMS , MEMORANDUM, CERTIFICATE OF SERVICE. (rv) (Entered: 07/29/2002)
53 Praecipe by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON . (rv) (Entered: 08/02/2002)
54 Memorandum by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON in support of their MOTION FOR JUDGMENT ON THE PLEADINGS AGAINST ALL DEFENDANTS ON COUNT I OF THE COMPLAINT AND AGAINST ALLSTATE INSURANCE COMPANY ON THAT DEFENDANT'S COUNTERCLAIMS , Certificate of Service. (rv) (Entered: 08/02/2002)
55 Memorandum by MOVANT EEOC in support of THE ROMERO PLAINTIFFS' MOTION TO DISMISS DEFENDANT ALLSTATE'S COUNTERCLAIMS, Certificate of Service. (rv) (Entered: 08/07/2002)
56 STIPULATION & ORDER THAT DEFENDANTS SHALL HAVE UNTIL 8/23/02 IN WHICH TO RESPOND TO PLAINTIFFS' MOTION FOR JUDGMENT ON THE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 238 of 745

08/27/2002 09/04/2002
09/13/2002
09/26/2002
09/26/2002 09/26/2002 09/26/2002 10/04/2002 10/10/2002

PLEADINGS AGAINST ALL DEFENDANTS ON COUNT I OF THE COMPLAINT AND AGAINST ALLSTATE INSURANCE COMPANY ON THAT DEFENDANT'S COUNTERCLAIMS. ( SIGNED BY JOHN P. FULLAM ) 8/9/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 08/09/2002)
57 Opposition by DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. to PLAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS, Memorandum, Certificate of Service. (rv) (Entered: 08/28/2002)
58 STIPULATION & ORDER THAT DEFENDANTS SHALL HAVE UNTIL 8/27/02 IN WHICH TO RESPOND TO PLAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS AGAINST ALL DEFENDANTS ON COUNT I OF THE COMPLAINT AND AGAINST ALLSTATE INSURANCE COMPANY ON THAT DEFENDANT'S COUNTERCLAIMS. PLAINTIFF'S SHALL HAVE UNTIL 9/13/02 IN WHICH TO FILE A REPLY BRIEF IN SUPPORT OF THEIR MOTION. ( SIGNED BY JUDGE JOHN P. FULLAM ) 9/4/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 09/04/2002)
59 Reply Memorandum by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON in support of their MOTION FOR JUDGMENT ON THE PLEADINGS AGAINST ALL DEFENDANTS ON COUNT I OF THE COMPLAINT AND TO DISMISS ALLSTATE'S COUNTERCLAIMS , Certificate of Service. (rv) (Entered: 09/16/2002)
60 ORDER THAT (1) THE MOTION TO STAY CLASS CERTIFICATION IS GRANTED. (2) THE COURT SETS THE DISCOVERY BRIEFING SCHEDULE AS FOLLOWS: (A) THE PARTIES WILL HAVE 90 DAYS FROM THE DATE OF THE ORDER IN WHICH TO COMPLETE DISCOVERY. (B) 30 DAYS AFTER THE COMPLETION OF DISCOVERY THE PARTIES ARE DIRECTED TO SUBMIT BRIEFS ON THE MOTION FOR CLASS CERTIFICATION. ( SIGNED BY JUDGE JOHN P. FULLAM ) 9/27/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 09/27/2002)
61 ORDER THAT DEFENDANTS MOTION FOR INITIAL PRE−TRIAL CONFERENCE AND SCHEDULING CONFERENCE IS DENIED. ( SIGNED BY JUDGE JOHN P. FULLAM ) 9/26/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 09/27/2002)
62 STIPULATION & PROTECTIVE ORDER GOVERNING PROTECTION AND EXCHANGE OF CONFINDENTIAL MATERIAL, ETC. ( SIGNED BY JUDGE JOHN P. FULLAM ) 9/27/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 09/27/2002)
Certain documents governed by Protective Order. (rv) (Entered: 09/27/2002)
63 UNCONTESTED MOTION by DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. FOR PRO HAC VICE ADMISSION OF W. RANDOLPH TESLIK, ESQUIRW UNDER LOCAL RULE 83.5.2 , CERTIFICATE OF SERVICE. (rv) (Entered: 10/04/2002)
64 UNOPPOSED MOTION by DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. FOR PRO HAC VICE ADMISSION OF DREW G.A. PEEL UNDER LOCAL RULE 83.5.2 , CERTIFICATE OF SERVICE. (rv) Modified on 10/11/2002 (Entered: 10/11/2002)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 239 of 745

10/10/2002 10/10/2002 10/10/2002 10/16/2002 10/16/2002 10/16/2002 10/16/2002 10/16/2002 10/30/2002
11/04/2002

65 UNOPPOSED MOTION by DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. FOR PRO HAC VICE ADMISSION OF DONNA M. WELCH UNDER LOCAL RULE 83.5.2 , CERTIFICATE OF SERVICE. (rv) Modified on 10/11/2002 (Entered: 10/11/2002)
66 UNOPPOSED MOTION by DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. FOR PRO HAC VICE ADMISSION OF JANE PARK UNDER LOCAL RULE 83.5.2 , CERTIFICATE OF SERVICE. (rv) Modified on 10/11/2002 (Entered: 10/11/2002)
67 UNOPPOSED MOTION by DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. FOR PRO HAC VICE ADMISSION OF PETER A. BELLACOSA UNDER LOCAL RULE 83.5.2 , CERTIFICATE OF SERVICE. (rv) Modified on 10/11/2002 (Entered: 10/11/2002)
68 ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF W. RANDOLPH TESLIK, ESQUIRW UNDER LOCAL RULE 83.5.2 IS GRANTED. (Attorney: W. RANDOLPH TESLIK) ( SIGNED BY JUDGE JOHN P. FULLAM ) 10/16/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 10/16/2002)
69 ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF JANE PARK UNDER LOCAL RULE 83.5.2 IS GRANTED. (Attorney: JANE S. PARK) ( SIGNED BY JUDGE JOHN P. FULLAM ) 10/16/02 ENTERED AND MAILED AND FAXED. (rv) (Entered: 10/16/2002)
70 ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF DONNA M. WELCH UNDER LOCAL RULE 83.5.2 IS GRANTED. (Attorney: DONNA WELCH) ( SIGNED BY JUDGE JOHN P. FULLAM ) 10/16/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 10/16/2002)
71 ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF PETER A. BELLACOSA UNDER LOCAL RULE 83.5.2 IS GRANTED. ( SIGNED BY JUDGE JOHN P. FULLAM ) 10/16/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 10/16/2002)
72 ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF DREW G.A. PEEL UNDER LOCAL RULE 83.5.2 IS GRANTED. ( SIGNED BY JUDGE JOHN P. FULLAM ) 10/16/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 10/16/2002)
73 Notice of Filing by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON iof Consents to Join as party Plaintiff's, Certificate of Service. (rv) (Entered: 10/31/2002)
74 Consent by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 240 of 745

11/14/2002 11/26/2002 11/27/2002 12/06/2002

SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON to Join as Party Plaintiff, Certificate of Service. (rv) (Entered: 11/05/2002)
75 Consent by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON to Join as Party Plaintiff's, Certificate of Service. (rv) (Entered: 11/14/2002)
76 Consent by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON to JOin as Party Plaintiffs', Certificate of Service. (rv) (Entered: 11/26/2002)
77 Consent by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON to Join as Party Plaintiff, Certificate of Service. (rv) (Entered: 11/29/2002)
78 Consent by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 241 of 745

12/31/2002 02/07/2003
02/11/2003 02/25/2003
02/25/2003 03/12/2003 03/28/2003

WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON to Join as Party Plaintiff, Certificate of Service. (rv) (Entered: 12/09/2002)
79 STIPULATION & ORDER THAT THE DISCOVERY DEADLINE IS EXTENDED FROM 12/26/02 TO 1/28/03 , AND EXTENDING THE DEADLINE FOR SUBMISSION OF FINAL BRIEFS ON CLASS CERTIFICATION FROM 1/25/03 TO 2/15/03. ( SIGNED BY JUDGE JOHN P. FULLAM ) 12/31/02 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 12/31/2002)
80 JOINT MOTION by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON, DEFENDANT EDWARD M. LIDDY, DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. TO EXTEND TIME CLASS CERTIFIATION BRIEFING SCHEDULE BY 7 DAYS , CERTIFICATE OF SERVICE. (rv) (Entered: 02/10/2003)
81 ORDER THAT THE JOINT MOTION TO EXTEND TIME CLASS CERTIFIATION BRIEFING SCHEDULE BY 7 DAYS IS GRANTED. THE PARTIES SHALL SUBMIT THEIR FINAL CLASS CERTIFICATION BRIEFS ON OR BEFORE 2/25/03. ( SIGNED BY JUDGE JOHN P. FULLAM ) 2/11/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 2/11/03. (rv) (Entered: 02/11/2003)
82 Supplemental Memorandum in Support of PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON of their MOTION FOR CLASS CERTIFICATION, AUTHORIZATION TO PROCEED WITH COLLECTIVE ACTION AND AUTHORIZATION TO SEND NOTICE, Exhibits Vol.'s I, II, III, Certificate of Service. (FILED UNDER SEAL) (rv) Modified on 02/26/2003 (Entered: 02/25/2003)
83 Brief by DEFENDANT EDWARD M. LIDDY, DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. in opposition to PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, Exhibits Vol. 1−7, Certificate of Service. (EXHIBITS VOL.'S 1−7 FILED UNDER SEAL). (rv) Modified on 02/26/2003 (Entered: 02/26/2003)
84 Memorandum by MOVANT EEOC in support of Class Certification, Certificate of Service. (cdd) (Entered: 03/13/2003)
85 Opposition by DEFENDANT EDWARD M. LIDDY, DEFENDANT ALLSTATE INSURANCE, DEFENDANT THE ALLSTATE CORP. to EEOC'S Memorandum in

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 242 of 745

04/02/2003
04/03/2003 05/02/2003
05/02/2003
05/08/2003 05/15/2003

Support of Class Certification, Certificate of Service. (rv) (Entered: 03/28/2003)
86 MOTION by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON FOR LEAVE TO FILE ATTACHED RESPONSE TO ALLSTATE , CERTIFICATE OF SERVICE. (rv) (Entered: 04/02/2003)
87 ORDER THAT PLAINTIFFS' MOTION FOR LEAVE TO FILE ATTACHED RESPONSE TO ALLSTATE IS HEREBY GRANTED. ( SIGNED BY JUDGE JOHN P. FULLAM ) 4/4/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 4/3/03. (rv) (Entered: 04/04/2003)
88 MOTION by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY , MEMORANDUM, CERTIFICATE OF SERVICE. (rv) Additional attachment(s) added on 5/27/2003 (fh, ). (Entered: 05/02/2003)
89 Exhibits by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON. (FILED UNDER SEAL). (rv) (Entered: 05/02/2003)
90 STIPULATION & ORDER THAT PLAINTIFF'S RESPONSE TO DEFENDANT ALLSTATE'S MOTION FOR SUMMARY JUDGMENT IS EXTENDED TO 5/16/03. ( SIGNED BY JUDGE JOHN P. FULLAM ) 5/8/03 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 05/08/2003)
91 MEMORANDUM & ORDER THAT COUNSEL FOR PLAINTIFF SHALL WITHIN TEN (10) DAYS SUBMIT A PROPOSED FORM OF CLAS−CERTIFICATION WHICH DESIGNATES THREE OR FEWER PERSONS AS REPRESENTATIVES OF EACH CLASS AND SUBCLASS, OR WHICH PROPOSES A PROCEDURE FOR ENABLING THIS COURT TO MAKE SUCH DESIGNATIONS. DEFENDANTS MAY FILE OBJECTIONS TO THE PROPOSED ORDER WITHIN

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05/16/2003
05/23/2003
05/27/2003 05/30/2003 06/04/2003 06/10/2003 06/13/2003 06/13/2003

FIVE (5) DAYS THEREAFTER. ( SIGNED BY JUDGE JOHN P. FULLAM ) 5/15/03 ENTERED AND COPIES MAILED AND FAXED. (rv) (Entered: 05/15/2003)
92 Memorandum by PLAINTIFF GENE R. ROMERO, PLAINTIFF JAMES T. BEVER, PLAINTIFF RICHARD A. CARRIER, PLAINTIFF PAUL R. COBB, PLAINTIFF CRAIG K. CREASE, PLAINTIFF SYLVIA CREWS−KELLY, PLAINTIFF DWIGHT ENGLISH, PLAINTIFF DOUGLAS F. GAFNER, PLAINTIFF RONALD W. HARPER, PLAINTIFF MICHAEL P. KEARNEY, PLAINTIFF THOMAS A. KEARNEY, PLAINTIFF LARRY H. LANKFORD SR., PLAINTIFF DAVID C. LAWSON, PLAINTIFF NATHAN R. LITTLEJOHN II, PLAINTIFF REBECCA R. MASLOWSKI, PLAINTIFF CRAIG A. MILLISON, PLAINTIFF JAMES E. MOOREHEAD, PLAINTIFF CHRISTOPHER L. PERKINS, PLAINTIFF RICHARD E. PETERSON, PLAINTIFF JAMES P. PILCHAK, PLAINTIFF PAUL L. SHIRLEY, PLAINTIFF DONALD L. TRGOVICH, PLAINTIFF RICHARD S. WANDNER, PLAINTIFF TIMOTHY WEISMAN, PLAINTIFF ANTHONY T. WIKTOR, PLAINTIFF JOHN W. WITTMAN, PLAINTIFF RALPH J. WOLVERTON in opposition to DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO EQUAL OPPORTUNITY COMMISSION'S COMPLAINT, Certificate of Service. (rv) (Entered: 05/16/2003)
93 MOTION BY JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD SR., DAVID C. LAWSON, NATHAN R. LITTLEJOHN II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON FOR PARTIAL SUMMARU JUDGMENT AS TO COUNTS I AND IV, MEMORANDUM, DECLARATION, CERTIFICATE OF SERVICE..(rv, ) Additional attachment(s) added on 6/16/2003 (ldb, ). (Entered: 05/27/2003)
94 MOTION BY ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION FOR LEAVE TO FILE FIRST AMENDED ANSWER, MEMORANDUM, CERTIFICATE OF SERVICE. (Attachments: # 1Memorandum # 2 Prop. Order)(rv, ) (Entered: 05/28/2003)
95 DEFENDANT EDWARD M. LIDDY'S Objections to PLAINTIFFS' Proposed Form of Class Certification Order, Certificate of Service. (fh) (Entered: 06/02/2003)
96 STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UNTIL 6/20/03, IN WHICH TO RESPOND TO ROMERO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNTS I AND IV. SIGNED BY JUDGE JOHN P. FULLAM ON 6/4/03. 6/5/03 ENTERED AND COPIES MAILED AND FAXED.(rv, ) (Entered: 06/05/2003)
97 Opposition filed by GENE R. ROMERO to DEFENDANTS' MOTION FOR LEAVE TO FILE A FIRST AMENDED ANSWER, Declaration, Certificate of Service. (rv, ) (Entered: 06/11/2003)
98 Reply Memorandum filed by EEOC in Support of MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY, Certificate of Service. (rv, ) (Entered: 06/13/2003)
99 Praecipe by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD SR., DAVID C. LAWSON, NATHAN R. LITTLEJOHN II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON to Attach, Certificate of Service. (rv, ) (Entered: 06/13/2003)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 244 of 745

06/20/2003 06/23/2003 06/27/2003
07/03/2003 07/07/2003 07/07/2003
07/09/2003
07/11/2003 07/11/2003

100 RESPONSE filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION to ROMERO Plaintiffs' MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNS I AND IV, Certificate of Service. (rv, ) Additional attachment(s) added on 6/23/2003 (rv, ). (Entered: 06/23/2003)
101 MOTION BY ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION FOR PROTECTIVE ORDER AND STAY OF DISCOVERY SUBJECT TO DISPOSITION OF PENDING MOTIONS FOR CLASS CERTIFICATION AND SUMMARY JUDGMENT, CERTIFICATE OF SERVICE.(rv, ) Additional attachment(s) added on 6/24/2003 (ldb, ). (Entered: 06/24/2003)
102 MOTION BY JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD SR., DAVID C. LAWSON, NATHAN R. LITTLEJOHN II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON COMPEL DISCOVERY AND REQUESTING REFERENCE OF DISCOVERY MATTERS TO A MAGISTRATE JUDGE, MEMORANDUM, DECALRATION, CERTIFICATE OF SERVICE. (Attachments: # 1 memorandum# 2 declaration# 3 cert. svc.)(rv, ) (Entered: 06/30/2003)
103 Reply Memorandum filed by ALLSTATE INSURANCE COMPANY in Support of their MOTION FOR LEAVE TO FILE A FIRST AMENDED ANSWER, Certificate of Service. (Attachments: # 1 signature pages)(rv, ) (Entered: 07/03/2003)
104 Memorandum filed by EEOC in Opposition to DEFENDANT'S MOTION FOR LEAVE TO FILE ITS FIRST AMENDED ANSWER TO THE ROMERO PLAINTIFFS' COMPLAINT, Certificate of Service. (rv, ) Additional attachment(s) added on 7/7/2003 (rv, ). (Entered: 07/07/2003)
105 Opposition filed by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD SR., DAVID C. LAWSON, NATHAN R. LITTLEJOHN II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON to DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND STAY OF DISCOVERY, Certificate of Service. (rv, ) (Entered: 07/08/2003)
106 Romero I Plaintiffs' Reply in Further Support of their Motion for Partial Summary Judgment as to Counts I and IV filed by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD SR., DAVID C. LAWSON, NATHAN R. LITTLEJOHN II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, Certificate of Service. (Attachments: # 1 Certificate of Service)(ar, ) (Entered: 07/10/2003)
107 Memorandum filed by EEOC in Opposition to Defendants' Motion for Protective Order and Stay of Discovery, Certificate of Service. (cdd, ) (Entered: 07/11/2003)
108 UNCONTESTED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY AND FOR LEAVE TO FILE BRIEF CONSOLIDATING DEFENDANTS' RESPONSE WITH DEFENDANT'S

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 245 of 745

07/15/2003
07/17/2003
07/22/2003 07/24/2003 08/01/2003 08/04/2003 08/05/2003 08/08/2003 08/18/2003 08/19/2003
09/05/2003 09/05/2003

REPLY TO PLAINTIFFS' OPPOSITION OT DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND STAY OF DISCOVERY FILED BY ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION,CERTIFICATE OF SERVICE.(ar, ) (Entered: 07/14/2003)
109 ORDER THAT THE UNCONTESTED MOTION FOR EXTENSION OF TIME TO FILE ITS RESPONSE TO PLAINTIFFS' MOTION TO COMPEL DISCOVERY AND FOR LEAVE TO FILE A BRIEF CONSOLIDATING THAT RESPONSE WITH ITS REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND STAY OF DISCOVERY IS GRANTED. THE DEADLINE FOR DEFENDANTS TO FILE AND SERVE THE CONSOLIDATED BRIEF SHALL BE JULY 17, 2003. SIGNED BY JUDGE JOHN P. FULLAM ON 07/15/03. 07/15/03 ENTERED AND COPIES MAILED. COPIES FAXED BY CHAMBERS.(ar, ) (Entered: 07/15/2003)
110 RESPONSE filed by EDWARD M. LIDDY, THE ALLSTATE CORPORATION to PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND REQUEST FOR REFERENCE OF DISCOVERY MATTERS TO A MAGISTRATE JUDGE and Reply to Plaintiff's Opposition to DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND STAY OF DISCOVERY, Certificate of Service. (rv, ) (Entered: 07/18/2003)
111 Reply filed by ROMERO PLAINTIFFS in Further Support of MOTION TO COMPEL DISCOVERY AND REQUESTING REFERENCE OF DISCOVERY MATTERS TO A MAGISTRATE JUDGE, Certificate of Service. (rv, ) (Entered: 07/23/2003)
112 Reply filed by EEOC to DEFENDANTS' Consolidated Response to PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND REQUEST FOR REFERENCE OF DISCOVERY MATTERS TO A MAGISTRATE JUDGE and Reply to PLAINTIFFS Opposition to DEFENDANTS' MOTION FOR PROTECTIVE ORDER AND STAY OF DISCOVERY, Certificate of Service. (rv, ) (Entered: 07/24/2003)
113 MOTION BY ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION FOR SUMMARY JUDGMENT, MEMORANDUM, CERTIFICATE OF SERVICE.(rv, ) (Entered: 08/01/2003)
114 NOTICE of Hearing:HEARING ON PENDING MOTIONS SET FOR 9/15/2003, 10:00 A.M. IN COURTROOM 15−A BEFORE THE HONORABLE JOHN P. FULLAM. (rbh) (Entered: 08/04/2003)
115 Praecipe by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION to Substitute the Declaration of F. James Harvet as Exhibit A(2) to DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, Declaration, Certificate of Service. (rv, ) (Entered: 08/05/2003)
116 MOTION BY GENE R. ROMERO FOR ENLARGEMENT OF TIME, MEMORANDUM, CERTIFICATE OF SERVICE.(rv, ) (Entered: 08/11/2003)
117 Opposition filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION to PLAINTIFFS' Request to Defer Argument on Defendants' Summary Judgement Motion and to PLAINTIFFS' MOTION TO ENLARGE TIME TO RESPOND TO SAME, Certifiacte of Service. (rv, ) (Entered: 08/19/2003)
118 ORDER THAT PLAINTIFFS' MOTION FOR ENLARGEMENT OF TIME IS GRANTED. PLAINTIFFS SHALL HAVE UP TO AND INCLUDING 9/5/03 TO FILE AN OPPOSITION TO DEFENDANS' MOTION FOR SUMMARY JUDGMENT AS TO RELEASED CLAIMS. SIGNED BY JUDGE JOHN P. FULLAM ON 8/19/03. 8/20/03 ENTERED AND COPIES MAILED AND FAXED BY CHAMBERS ON 8/19/03(rv, ) (Entered: 08/20/2003)
119 Memorandum in Opposition to Defendants' Motion for Summary Judgment as to Released Claims filed by EEOC, Certificate of Service. (ar, ) (Entered: 09/05/2003)
120 Romero Plaintiffs' Responses and Objections to Allstate's Statement of Undisputed Material Facts and Statement of Additional Material Facts Subject to Dispute by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 246 of 745

09/05/2003
09/12/2003 09/12/2003 09/12/2003 09/12/2003 09/12/2003 09/12/2003 09/15/2003 09/15/2003
09/22/2003 10/29/2003

HARPER, THOMAS A. KEARNEY, LARRY H. LANKFORD SR., DAVID C. LAWSON, NATHAN R. LITTLEJOHN II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, DONALD L. TRGOVICH, RICHARD S. WANDNER, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, Certificate of Service. (ar, ) Additional attachment(s) added on 9/11/2003 (rv, ). (Entered: 09/08/2003)
121 Plaintiffs' Opposition to Defendants' Motion for Summary Judgment filed by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, THOMAS A. KEARNEY, LARRY H. LANKFORD SR., DAVID C. LAWSON, NATHAN R. LITTLEJOHN II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (ar, ) Additional attachment(s) added on 9/11/2003 (rv, ). (Entered: 09/08/2003)
122 REPLY filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION to Plaintiffs' Opposition to Defendants' MOTION FOR SUMMARY JUDGMENT AS TO RELEASED CLAIMS, Certificate of Service. (rv, ) (Entered: 09/12/2003)
123 Response by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION to Romero Plaintiffs' Statement of Undisputed Facts, Certificate of Service.(rv, ) Additional attachment(s) added on 9/15/2003 (rv, ). (Entered: 09/12/2003)
124 Reply by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION to Romero Plaintiffs' Responses and Objections to Allstate's Statement of Undisouted Facts, Certificate of Service. (rv, ) Additional attachment(s) added on 9/15/2003 (rv, ). (Entered: 09/12/2003)
125 AFFIDAVIT by Drew G.A. Peel. (rv, ) Additional attachment(s) added on 9/15/2003 (rv, ). (Entered: 09/12/2003)
126 Praecipe by GENE R. ROMERO that the Clerk of Court file Plaintiffs' Opposition to Defendants' Motion for Summary Judgment as to "Released Claims" in place of the Opposition filed on 9/5/03. (rv, ) Additional attachment(s) added on 9/17/2003 (rv, ). (Entered: 09/15/2003)
127 Opposition filed by GENE R. ROMERO to DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AS TO "RELEASED CLAIMS, Certificate of Service. (rv, ) (Entered: 09/15/2003)
128 Praecipe by ALLSTATE INSURANCE COMPANY to Substitute the attached Affidavit of Drew G.A. Peel filed on 9/12/03, Certificate of Service. (rv, ) (Entered: 09/15/2003)
129 Minute Entry for proceedings held before Judge JOHN P. FULLAM : Pending Motion hearing held on 9/15/03: Edward Mannino addresses the Court for Defendants; Michael J. Wilson addresses the Court for Plaintiffs; C. Felix Miller addresses the Court for the EEOC; Richard C. Godfrey addresses the Court for Defendants re: Class Certification; Michael Lieder addresses the Court for Plaintiffs re: Class Certification and Case Mangement. C.A.V. Court Reporter: Carol Sampson. (rv, ) (Entered: 09/15/2003)
130 TRANSCRIPT of Motion Hearing held on 9/15/03 before Judge JOHN P. FULLAM. Court Reporter: C. Sampson. (rv, ) (Entered: 09/23/2003)
131 Opposition by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION to Plaintiffs' Revised Proposed Form of Class Certification Order, Certificate of Service. (Attachments: # 1 cos# 2 ex. A) (rv, ) (Entered: 10/30/2003)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 247 of 745

11/12/2003 11/18/2003 03/30/2004
03/30/2004 04/15/2004
04/28/2004 05/12/2004
05/20/2004

132 Reply Memorandum by GENE R. ROMERO in further Support of their Revised Proposed Class Certification Order and Notice, Certificate of Service. (rv, ) (Entered: 11/12/2003)
133 Sur−Reply in Opposition by DEFENDANTS' to PLAINTIFFS' Revised Proposed Form of Class Certification Order, Certificate of Service. (Attachments: # 1 Certificate of Service) (np) (Entered: 11/19/2003)
134 MEMORANDUM AND ORDER THAT CIVIL ACTION NO. 01−6764 IS DISMISSED WITH PREJUDICE. IN ALL OTHER RESPECTS, DEFENDANTS' MOTION FOR SUMMARY JUDGMENT IS DENIED. THE MOTIONS FOR SUMMARY JUDGMENT FILED BY PLAINTIFFS IN CIVIL ACTION NO. 01−3894 AND CIVIL ACTION 01−7042 ARE GRANTED. TO THE EXTENT OF THE DECLARATORY JUDSGMENT BEING ENTERED AS A SEPARATE DOCUMENT. PLAINTIFFS' MOTION TO DISMISS DEFENDANT'S COUNTERCLAIM IS GRANTED. DEFENDANT'S COUNTERCLAIM IS DISMISSED WITH PREJUDICE. DEFENDANT'S MOTION FOR LEAVE TO FILE AN AMENDED COUNTERCLAIM IS DISMISSED AS MOOT. EXCEPT AS SET FORTH IN THIS ORDER, ALL PENDING MOTIONS ARE DISMISSED. SIGNED BY JUDGE JOHN P. FULLAM ON 03/30/04. 03/31/04 ENTERED AND COPIES MAILED AND FAXED.(ac, ) Modified on 3/31/2004 (ac, ). Modified on 3/31/2004 (ac, ). (Entered: 03/31/2004)
135 ORDER OF DECLARATORY JUDGMENT THAT THE RELEASES SIGNED BY THE FORMER EMPLOYEE−AGENTS OF ALLSTATE INSURANCE COMPANY PURSUANT TO THE "PREPARING FOR THE FUTURE" REORGANIZATION PLAN ARE VOIDABLE AT THE OPTION OF THE PERSONS WHO SIGNED THE RELEASES, ETC. SIGNED BY JUDGE JOHN P. FULLAM ON 03/30/04. 03/31/04 ENTERED AND COPIES MAILED. (SEE PAPER NO. 134)(ac, ) (Entered: 03/31/2004)
136 PLAINTIFFS' MOTION FOR RECONSIDERATION FILED BY, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD SR., DAVID C. LAWSON, NATHAN R. LITTLEJOHN II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON,MEMORANDUM, CERTIFICATE OF SERVICE.(ac, ) Additional attachment(s) added on 4/15/2004 (ac, ). (Entered: 04/15/2004)
137 Defendants' Brief in Opposition to Plaintiffs' Motion for Reconsideration filed by ALLSTATE INSURANCE COMPANY. (Attachments: # 1 Exhibit 1)(ac, ) (Entered: 04/29/2004)
138 Plaintiffs' Reply in Further Support of their Motion for Reconsideration re filed by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD SR., DAVID C. LAWSON, NATHAN R. LITTLEJOHN II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, Certificate of Service. (Attachments: # 1 Exhibit A)(ac, ) (Entered: 05/13/2004)
139 DEFENDANTS' MOTION FOR LEAVE TO FILE A SUR−REPLY TO PLAINTIFFS' MOTION FOR RECONSIDERATION FILED BY ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.CERTIFICATE OF SERVICE. (SUR−REPLY ATTACHED AS EXHIBIT 1)(ac, ) (Entered: 05/21/2004)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 248 of 745

06/25/2004 06/29/2004 03/11/2005 03/11/2005 04/11/2005
04/19/2005 05/09/2005 10/06/2005 12/07/2005 12/08/2005 12/15/2005 12/19/2005
01/05/2006

140 Defendants' Notice of Pendency of Class Action by ALLSTATE INSURANCE COMPANY (ac, ) (Entered: 06/28/2004)
141 Praecipe to Substitue the Attached Notice of Pendency of Class Action for the Notice of Pendency of Class Action filed on June 25, 2004 by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, Certificate of Service. (ac, ) Modified on 6/30/2004 (ac, ). (Entered: 06/30/2004)
142 ORDER THAT DEFENDANTS' MOTION FOR LEAVE TO FILE SUR−REPLY TO PLAINTIFFS' MOTION FOR RECONSIDERATION IS GRANTED.. SIGNED BY JUDGE JOHN P. FULLAM ON 03/11/05.03/11/05 ENTERED AND COPIES MAILED. COPIES FAXED BY CHAMBERS.(ac, ) (Entered: 03/11/2005)
143 Defendants' Sur−Reply in Opposition to Plaintiffs' Motion for Reconsideration filed by ALLSTATE INSURANCE COMPANY. (See Paper No. 139 for PDF) (ac, ) (Entered: 03/11/2005)
144 NOTICE by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER re 136 MOTION for Reconsideration re 134 Order,,,, 135 Order, Notice Of Supplemental Authority (GORMAN, JOHN) (Entered: 04/11/2005)
145 REPLY to Plaintiffs' Notice of Supplemental Authority in Support of MOTION for Reconsideration, Certificate of Service filed by EDWARD M. LIDDY, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Certificate of Service)(ti, ) (Entered: 04/20/2005)
146 Defendants' Reply to Equal Opportunity Commission's Notice in Support of Romero Plaintiffs' Motion for Reconsideration filed by EDWARD M. LIDDY, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, Certificate of Service. (Attachments: # 1 Certificate of Service)(ac, ) (Entered: 05/10/2005)
147 Withdrawal of Attorney Dawn M. Edge with Entry of Appearance of Iris Santiago−Flores filed by EEOC. (SANTIAGO−FLORES, IRIS) Modified on 10/7/2005 (np). (Entered: 10/06/2005)
148 DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FILED BY ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION,MEMORANDUM, CERTIFICATE OF SERVICE. (Attachments: # 1 Memorandum# 2 Certificate of service# 3 Proposed Order)(ac, ) (Entered: 12/08/2005)
149 Praecipe to substitute filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, declaration, certificate of service. (mac, ) Additional attachment(s) added on 12/14/2005 (pr, ). (Entered: 12/09/2005)
150 MOTION for Summary Judgment filed by EDWARD M. LIDDY.Certificate of Service.(DEIGER, STEPHANIE) (Entered: 12/15/2005)
151 STIPULATION AND ORDER THAT PLAINTIFFS IN CIVIL ACTION 01−3894 AND PLAINTIFF EQUAL EMPLOYMENT OPPORTUNITY COMMISSION IN CIVIL ATION NO. 01−7042 SHALL HAVE UNTIL FRIDAY, JANUARY 6, 2006, TO FILE THEIR RESPECTIVE MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSTION TO DEFENDANTS' MOTIO FOR SUMMARY JUDGMENT. SIGNED BY JUDGE JOHN P. FULLAM ON 12/19/05. 12/19/05 ENTERED AND COPIES MAILED. COPIES FAXED BY CHAMBERS.(ac, ) Additional attachment(s) added on 12/22/2005 (ac, ). (Entered: 12/19/2005)
152 RESPONSE in Opposition re 148 MOTION for Summary Judgment filed by EEOC. (SANTIAGO−FLORES, IRIS) (Entered: 01/05/2006)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 249 of 745

01/06/2006
01/06/2006
01/06/2006 02/02/2006 02/15/2006
02/15/2006
02/22/2006 02/22/2006

153 Declaration of Michael J. Wilson by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER. (Attachments: # 1 Exhibit A# 2 Exhibit B)(GORMAN, JOHN) (Entered: 01/06/2006)
154 Plaintiffs' Oppostion to Defendants' Motion for Summary Judgment filed by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER. (FILED UNDER SEAL) (ac, ) (Entered: 01/09/2006)
155 Declaration of Mark A. Amadeo. (FILED UNDER SEAL) (ac, ) (Entered: 01/09/2006)
156 Defendants' Consolidated Reply to Plaintiffs' and EEOC's Opposition to Defendants' Motion for Summary Judgment filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, Certificate of Service. (ac, ) Additional attachment(s) added on 2/8/2006 (ac, ). (Entered: 02/03/2006)
157 MOTION for Leave to File Memo Responding To New Arguments In Defendants' Consolidated Reply filed by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(GORMAN, JOHN) (Entered: 02/15/2006)
158 Memorandum In Support re 157 MOTION for Leave to File Memo Responding To New Arguments In Defendants' Consolidated Reply filed by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER. (Attachments: # 1 Exhibit A)(GORMAN, JOHN) (Entered: 02/15/2006)
159 ORDER THAT THE MOTION FOR LEAVE TO FILE A MEMORANDUM RESPONDING TO THE NEW ARGUMENTS ADVANCED FOR THE FIRST TIME IN THE CONSOLIDATED REPLY IS GRANTED. SIGNED BY JUDGE JOHN P. FULLAM ON 02/22/06.02/22/06 ENTERED AND COPIES MAILED. COPIES FAXED BY CHAMBERS. (ac, ) (Entered: 02/22/2006)
160 Plaintiffs Response to New Arguments in Allstate Defendants' Consoiidated Reply to Plaintiffs' and EEOC's Opposition to Defendants' Motion for Summary Judgment by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR,

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06/12/2006 06/29/2006
07/17/2006 07/31/2006 07/31/2006 08/25/2006
09/14/2006

DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER. (See Paper No. 158 for PDF Attachment) (ac, ) (Entered: 02/22/2006)
161 ORDER THAT THE MOTION FOR LEAVE TO FILE A MEMORANDUM RESPONDING TO THE NEW ARGUMENTS ADVANCED FOR THE FIRST TIME IN THE CONSOLIDATED REPLY IS GRANTED. SIGNED BY JUDGE JOHN P. FULLAM ON 06/12/06. 06/13/06 ENTERED AND COPIES MAILED. COPIES FAXED BY CHAMBERS 06/12/06.(ac, ) (Entered: 06/13/2006)
162 MOTION to Compel Discovery and Request fo Referral of Discovery Matters to a Magistrate Judge filed by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, EEOC, RONALD W. HARPER.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support of Their Motion to Compel# 2 Declaration of Mark A. Amadeo# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7# 10 Text of Proposed Order # 11 Certificate of Service)(LIEDER, MICHAEL) (Entered: 06/29/2006)
163 STIPULATION AND ORDERTHAT DEFENDANT SHALL HAVE UNTIL THURSDAY, JULY 27, 2006, IN WHICH TO FILE THEIR RESPONSE TO PLAINTIFFS' MOTION TO COMPEL . SIGNED BY JUDGE JOHN P. FULLAM ON 07/17/06. 07/17/06 ENTERED AND COPIES MAILED. COPIES FAXED BY CHAMBERS.(ac, ) (Entered: 07/17/2006)
164 STIPULATION AND ORDER THAT DEFTS SHALL HAVE UNTL 7/31/06 IN WHICH TO FILE THEIR RESPONSE TO PLFFS' MOTION TO COMPEL. ( SIGNED BY JUDGE JOHN P. FULLAM ON 7/31/06. )(Attachments: # 1 cos) 8/1/06 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(gn, ) (Entered: 08/01/2006)
165 DEFTS' OPPOSITION TO PLFFS' MOTION TO COMPEL DISCOVERY AND REQUEST FOR REFERRAL OF DISCOVERY MATTERS TO A MAGISTRATE JUDGE FILED BY EDWARD M. LIDDY, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, CERT OF SERV. (Attachments: # 1)(jmp, ) (Entered: 08/01/2006)
166 MOTION for Leave to File Reply Memorandum filed by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER.Memorandum and Certificate of Service. (Attachments: # 1)(WILSON, MICHAEL) (Entered: 08/25/2006)
167 NOTICE by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 251 of 745

10/18/2006 01/16/2007 03/09/2007
03/09/2007
03/14/2007 03/21/2007 03/28/2007

JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, EEOC, RONALD W. HARPER Notice of Supplemental Authority in Support of Plaintiffs' Motion for Reconsideration (Attachments: # 1 Certificate of Service)(LIEDER, MICHAEL) (Entered: 09/14/2006)
168 NOTICE by ALLSTATE INSURANCE COMPANY re 167 Notice (Other), Notice (Other), Notice (Other) Defendants' Response to Plaintiffs' Notice of Supplemental Authority (MENAPACE, KATHERINE) (Entered: 10/18/2006)
169 ORDER THAT PLAINTIFFS' MOTION FOR RECONSIDERATION IN 01−3894, PLAINTIFFS' MOTION FOR CLARIFICATION OR IN THE ALTERNATIVE RECONSIDERATION OF THE ORDER OF MARCH 30, 2004 AND TO AMEND DECLARATORY JUDGMENT IN 01−7042 ARE DENIED. SIGNED BY JUDGE JOHN P. FULLAM ON 01/16/07.01/16/07 ENTERED AND COPIES MAILED AND E−MAILED. COPIES FAXED BY CHAMBERS.(ac, ) (Entered: 01/16/2007)
170 MOTION for Approval filed by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER.. (Attachments: # 1 Memorandum in Support of# 2 Proposed Class Notice# 3 Rescission Notification Form# 4 Rescission Payment Form# 5 Text of Proposed Order # 6 Certificate of Service)(LIEDER, MICHAEL) (Entered: 03/09/2007)
171 MOTION for Approval filed by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER.. (Attachments: # 1 Memorandum# 2 Stipulated Notice Previously Submitted# 3 Text of Proposed Order # 4 Certificate of Service)(LIEDER, MICHAEL) (Entered: 03/09/2007)
172 STIPULATION re 171 MOTION for Approval, 170 MOTION for Approval Stipulation regarding Extension of Time to Respond to Plaintiffs' Motions by THE ALLSTATE CORPORATION. (KATCHEN, KATHERINE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 3/15/2007 (np). (Entered: 03/14/2007)
173 MEMORANDUM AND ORDER THAT COUNSEL MAY, WITHIN 20 DAYS, FILE MEMORANDA ADDRESSING ISSUES WHICH THIS COURT MAY HAVE OVERLOOKED IN REACHING THE TENTATIVE CONCLUSIONS EXPRESSED ABOVE, AND ADDITIONAL ARGUMENTS TENDING TO SHOW THAT THE SCOTT AND ISBELL COURT OF APPEALS DECISION WERE INCORRECT. ANY SUCH ADDITIONAL MEMORANDA SHOULD NOT EXCEED 10 PAGES IN LENGTH. SIGNED BY JUDGE JOHN P. FULLAM ON 03/21/07. 03/22/07 ENTERED AND COPIES MAILED AND E−MAILED. COPIES FAXED BY CHAMBERS 03/21/07.(ac, ) (Entered: 03/22/2007)
174 STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UNTIL FRIDAY, APRIL 6, 2007, BY WHICH TO FILE THEIR RESPONSE TO PLAINTIFFS' MOTIONS FOR APPROVAL OF ORDER CERTIFYING RELEASE CLASS, APPROVING CLASS COUNSEL, APPROVING NOTICE AND FORMS TO BE SENT TO MEMEBERS OF RELEASE CLASS, AND GOVERNING

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 252 of 745

04/05/2007 04/05/2007 04/10/2007 04/10/2007
05/23/2007
05/23/2007

SENDING OF THAT NOTICE AND FORMS, AND REQUEST FOR STATUS CONFERENCE, AND FOR APPROVAL OF ORDER CERTIFYING HOLDOUT CLASS, APPROVING CLASS COUNSEL, APPROVING NOTICE TO BE SENT TO MEMBERS OF HOLDOUT CLASS, AND GOVERNING SENDING OF THAT NOTICE, AND REQUEST FOR STATUS CONFERENCE. SIGNED BY JUDGE JOHN P. FULLAM ON 03/28/07. 03/29/07 ENTERED AND COPIES MAILED. COPIES FAXED BY CHAMBERS 03/28/07.(ac, ) Additional attachment(s) added on 7/9/2007 (ac, ). (Entered: 03/29/2007)
175 STIPULATION re 171 MOTION for Approval, 170 MOTION for Approval Stipulation Regarding Response to Plaintiffs' Motions by EDWARD M. LIDDY, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (KATCHEN, KATHERINE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 4/6/2007 (np). (Entered: 04/05/2007)
176 STIPULATION AND ORDER THAT NO RESPONSES TO PLAINTIFF'S MOTIONS NEED TO BE FILED UNTIL FURTHER ORDER OF THE COURT. SIGNED BY JUDGE JOHN P. FULLAM ON 4/5/07. 4/6/07 ENTERED AND COPIES MAILED AND FAXED.(stb, ) Additional attachment(s) added on 5/23/2007 (nda, ). (Entered: 04/06/2007)
177 Memorandum filed by Defendants in Response to Court's March 21, 2007 Memorandum and Order re 173 Order, by EDWARD M. LIDDY, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, CERTIFICATE OF SERVICE. (Attachments: # 1 Text of Proposed Order Proposed Memorandum and Order) (KATCHEN, KATHERINE) Modified on 4/11/2007 (afm, ). (Entered: 04/10/2007)
178 Plaintiffs' Consolidated Memorandum submitted pursuant to the Court's Memorandum and Order dated March 21, 2007 filed by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, certificate of service.(FILED UNDER SEAL) (mac, ) (Entered: 04/11/2007)
179 MOTION FOR LEAVE TO FILE SUPPLEMENTAL MEMORANDUM IN FURTHER SUPPORT OF PLAINTIFFS' MEMORANDUM SUBMITTED PURSUANT TO THE COURT'S MEMORANDUM AND ORDER DATED MARCH 21, 2007 FILED BY MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MEMORANDUM, CERTIFICATE OF SERVICE. (SUPPLEMENTAL MEMORANDUM ATTACHED AS EXHIBIT "A" (FILED UNDER SEAL))(ac, ) (Entered: 05/24/2007)
180 NOTICE OF SUPPLEMENTAL AUTHORITY BY MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 253 of 745

06/05/2007 06/07/2007 06/20/2007
07/10/2007
11/26/2007
11/26/2007 11/30/2007

SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, CERTIFICATE OF SERVICE. (ac, ) (Entered: 05/24/2007)
181 ORDER THAT THE MOTION TO WITHDRAW ROBERT G. JOHNSON AS COUNSEL FOR PLAINTIFF, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION IS GRANTED. SIGNED BY JUDGE JOHN P. FULLAM ON 06/05/07. 06/05/07 ENTERED AND COPIES MAILED AND E−MAILED. COPIES FAXED BY CHAMBERS.(ac, ) (Entered: 06/05/2007)
182 RESPONSE to Motion re 179 MOTION for Leave to File Supplemental Memorandum in Further Support of Plaintiffs' Memorandum Submitted Pursuant to the Court's Memorandum and Order Dated March 21, 2007 filed by ALLSTATE INSURANCE COMPANY, CERTIFICATE OF SERVICE. (KATCHEN, KATHERINE) Modified on 6/8/2007 (afm, ). (Entered: 06/07/2007)
183 MEMORANDUM AND OPINION THAT THE FOLLOWING MOTIONS ARE GRANTED: DEFENDANTS' MOTIONS FOR SUMAMRY JUDGMENT (DOCUMENTS NOS. 148 AND 150 IN 01−3894); PLAINTIFFS' MOTION FOR LEAVE TO FILE (DOCUMENTS NOS. 166 AND 179 IN 01−3894); DEFENDANTS' MOTION TO DISMISS (DOCUMENT NO. 29 IN 01−6764); DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOCUMENT NO. 42 IN 01−7042). THE FOLLOWING MOTIONS ARE DENIED: DEFENDANTS' MOTION FOR ATTORNEY FEES (DOCUMENT NO. 21 IN 01−6764) PLAINTIFFS' MOTION FOR RECONSIDERATION OF DISMISSAL OF EMPLOYEE DEFINITION AMENDMENT CLAIM (DOCUMENT NO. 31 IN 01−6764). ALL OTHER PENDING MOTIONS ARE DISMISSED AS MOOT. COUNSEL MAY SUBMIT WITHIN 20 DAYS OF THE DATE OF THIS ORDER ANY ISSUES THAT MUST BE RESOLVED BEFORE THE CASE−FILES ARE CLOSED. SIGNED BY JUDGE JOHN P. FULLAM ON 06/20/07. 06/20/07 ENTERED AND COPIES MAILED, E−MAILED. COPIES FAXED BY CHAMBERS.(ac, ) (Entered: 06/20/2007)
184 Statement of Issues to be Resolved Before Entry of Final Judgment and Closure of the Case−Files by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, EEOC, RONALD W. HARPER. (LIEDER, MICHAEL) (Entered: 07/10/2007)
185 NOTICE OF APPEAL as to 183 Memorandum & Opinion,,,, Terminate Motions,,, by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER. Copies to Judge, Clerk USCA, Appeals Clerk and JOHN V. GORMAN, Certificate of Service. (GORMAN, JOHN) Modified on 11/27/2007 (nd). (Entered: 11/26/2007)
186 Clerk's Notice to USCA re: Notice of Appeal. (ac, ) (Entered: 11/26/2007)
NOTICE of Docketing Record on Appeal from USCA re : Notice of Appeal,, filed by DONALD L. TRGOVICH, JAMES T. BEVER, TIMOTHY WEISMAN, JAMES P. PILCHAK, CRAIG K. CREASE, PAUL R. COBB, LARRY H. LANKFORD, SR., THOMAS A. KEARNEY, DWIGHT ENGLISH, SYLVIA CREWS−KELLY, PAUL L. SHIRLEY, RONALD W. HARPER, CHRISTOPHER L. PERKINS, RICHARD S. WANDNER, RICHARD A. CARRIER, JAMES E. MOOREHEAD, JOHN W. WITTMAN, RICHARD E. PETERSON, MICHAEL P. KEARNEY, RALPH J.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 254 of 745

12/07/2007 12/12/2007 12/12/2007 12/17/2007 01/18/2008
04/14/2009 08/12/2009 10/14/2009 01/29/2010 01/29/2010 02/02/2010 02/02/2010
02/09/2010

WOLVERTON, ANTHONY T. WIKTOR, DAVID C. LAWSON, GENE R. ROMERO, DOUGLAS F. GAFNER, REBECCA R. MASLOWSKI, NATHAN R. LITTLEJOHN, II, CRAIG A. MILLISON. USCA Case Number 07−4460. (ac, ) (Entered: 11/30/2007)
187 Copy of TPO Form re Notice of Appeal. (ac, ) (Entered: 12/07/2007)
188 Disclosure Statement Form pursuant to FRCP 7.1 including THE ALLSTATE CORPORATION with CERTIFICATE OF SERVICE by ALLSTATE INSURANCE COMPANY.(ac, ) (Entered: 12/12/2007)
189 Disclosure Statement Form pursuant to FRCP 7.1 with CERTIFICATE OF SERVICE by THE ALLSTATE CORPORATION.(ac, ) (Entered: 12/12/2007)
Record Complete for Purposes of Appeal re 185 Notice of Appeal,, (om, ) (Entered: 12/17/2007)
NOTICE of Docketing Record on Appeal from USCA re 185 Notice of Appeal,, filed by DONALD L. TRGOVICH, JAMES T. BEVER, TIMOTHY WEISMAN, JAMES P. PILCHAK, CRAIG K. CREASE, PAUL R. COBB, LARRY H. LANKFORD, SR., THOMAS A. KEARNEY, DWIGHT ENGLISH, SYLVIA CREWS−KELLY, PAUL L. SHIRLEY, RONALD W. HARPER, CHRISTOPHER L. PERKINS, RICHARD S. WANDNER, RICHARD A. CARRIER, JAMES E. MOOREHEAD, JOHN W. WITTMAN, RICHARD E. PETERSON, MICHAEL P. KEARNEY, RALPH J. WOLVERTON, ANTHONY T. WIKTOR, DAVID C. LAWSON, GENE R. ROMERO, DOUGLAS F. GAFNER, REBECCA R. MASLOWSKI, NATHAN R. LITTLEJOHN, II, CRAIG A. MILLISON. USCA Case Number 08−1122 (ap, ) (Entered: 01/18/2008)
190 NOTICE of Change of Address by DONNA M. WELCH(WELCH, DONNA) (Entered: 04/14/2009)
191 ORDER of USCA that by this Court that the Order of the District Court entered on June 20, 2007, be and the same is hereby VACATED and this matter is REMANDED for further proceedings. All of the above in accordance with the Opinion of this Court. Each party to bear its own costs. (ti, ) (Entered: 08/13/2009)
192 NOTICE of Withdrawal of Appearance by MICHAEL D. LIEDER on behalf of GENE R. ROMERO(LIEDER, MICHAEL) (Entered: 10/14/2009)
193 ORDER THAT THE CLERK REANDOMLY REASSIGN THE ABOVE ACTIONS FROM THE CALENDAR OF THE HONORABLE JOHN P. FULLAM TO ANOTHER JUDGE. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/28/10. 1/29/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 01/29/2010)
194 ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE JOHN P. FULLAM TO HONORABLE RONALD L. BUCKWALTER FOR ALL FURTHER PROCEEDINGS. SIGNED BY HONORABLE HARVEY BARTLE, III ON 1/29/10. 1/29/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 01/29/2010)
195 NOTICE of Withdrawal of Appearance by SUSAN M. COLER on behalf of all plaintiffs(COLER, SUSAN) (Entered: 02/02/2010)
196 CERTIFICATE OF SERVICE by MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER re 195 Notice of Withdrawal of Appearance (COLER, SUSAN) (Entered: 02/02/2010)
197 ORDER THAT A STATUS CONFERENCE IS SCHEDULED FOR 2/17/2010, AT 11:00 AM IN CHAMBERS. SIGNED BY HONORABLE RONALD L.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 255 of 745

02/16/2010
02/23/2010 04/07/2010 04/08/2010 04/23/2010
05/07/2010 05/14/2010
05/21/2010 05/28/2010

BUCKWALTER ON 2/9/10. 2/9/10 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(ti, ) (Entered: 02/09/2010)
198 NOTICE of Appearance by PAUL ANTON ZEVNIK on behalf of MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, JAMES P. PILCHAK, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER with Certificate of Service(ti, ) (Entered: 02/17/2010)
Mail addressed to C. FELIX MILLER re: Order dated 2/9/2010 returned as Vacant (ti, ) (Entered: 02/23/2010)
199 Proposed Case Management Plan and Stipulation by ALLSTATE INSURANCE COMPANY. (Attachments: # 1 Text of Proposed Order)(KATCHEN, KATHERINE) (Entered: 04/07/2010)
200 CASE MANAGEMENT ORDER SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/7/10. 4/9/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) Modified on 5/2/2016 (ti, ). (VACATED PER ORDER 852 ) (Entered: 04/09/2010)
201 MOTION to Amend/Correct 1 Complaint filed by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(ZEVNIK, PAUL) (Entered: 04/23/2010)
202 STIPULATION re 201 MOTION to Amend/Correct 1 Complaint MOTION to Amend/Correct 1 Complaint MOTION to Amend/Correct 1 Complaint Stipulation regarding Extension of Time to Respond by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 5/10/2010 (nd, ). (Entered: 05/07/2010)
203 STIPULATION AND ORDER THAT BY AGREEMENT OF COUNSEL FOR PARTIES, DEFENDANTS SHALL HAVE UNTIL 5/21/2010, TO FILE AN OPPOSITION TO PLAINTIFFS' MOTION FOR LEAVE TO FILE AND SERVE THEIR SECOND AMENDED COMPLAINT AND PLAINTIFFS' SHALL HAVE UNTIL 5/28/2010, TO FILE A REPLY OR OTHERWISE RESPOND TO DEFENDANTS' OPPOSITION. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/13/10. 5/14/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/14/2010)
204 RESPONSE in Opposition re 201 MOTION to Amend/Correct 1 Complaint MOTION to Amend/Correct 1 Complaint MOTION to Amend/Correct 1 Complaint filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit)(KATCHEN, KATHERINE) (Entered: 05/21/2010)
205 NOTICE of Appearance by JAMES P. WALSH, JR on behalf of JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 256 of 745

05/28/2010
05/28/2010
05/28/2010
06/08/2010 06/09/2010 06/09/2010 06/11/2010

CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON with certificate of service(WALSH, JAMES) (Entered: 05/28/2010)
206 NOTICE of Appearance by COLEEN M. MEEHAN on behalf of JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON with certificate of service(MEEHAN, COLEEN) (Entered: 05/28/2010)
207 NOTICE of Appearance by BRIAN M. ERCOLE on behalf of JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON with certificate of service(ERCOLE, BRIAN) (Entered: 05/28/2010)
208 REPLY to Response to Motion re 201 MOTION to Amend/Correct 1 Complaint MOTION to Amend/Correct 1 Complaint MOTION to Amend/Correct 1 Complaint filed by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (LIEDER, MICHAEL) (Entered: 05/28/2010)
209 MOTION for Leave to File Sur−Reply Brief in Further Opposition to Motion for Leave to File Second Amended Complaint filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Sur−Reply Brief)(KATCHEN, KATHERINE) (Entered: 06/08/2010)
210 ORDER THAT UPON CONSIDERATION OF THE DEFENDANTS' MOTION FOR LEAVE TO FILE INSTANTER SUR−REPLY IN FURTHER OPPOSITION TO MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT, IT IS ORDERED THAT DEFENDANTS' MOTION IS HEREBY GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/10/10.6/9/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 06/09/2010)
211 SUR−REPLY in Further Opposition to Plaintiffs' MOTION for Leave to File Second Amended Complaint, Certificate of Service by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (ti, ) (Entered: 06/09/2010)
212 STIPULATION re 200 Order re: extension of time to file motion to compel by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 6/11/2010 (nd, ). (Entered: 06/11/2010)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 257 of 745

06/15/2010 06/21/2010 06/25/2010
06/25/2010
06/28/2010 07/16/2010 07/20/2010 07/23/2010

213 STIPULATED ORDER THAT PARTIES MUST FILE ANY DISCOVERY MOTIONS CONCERNING PLAINTIFFS' DOCUMENT REQUESTS BY MONDAY, JUNE 14, 2010; THE PARTIES CONTINUE TO ENGAGE IN MEET AND CONFER EFFORTS IN AN ATTEMPT TO RESOLVE DEFENDANTS' DISCOVERY OBJECTIONS, AND THE PLAINTIFF SHALL HAVE UP TO AND INCLUDING JUNE 25, 2010 TO FILE A MOTION TO COMPEL WITH RESPECT TO THE PLAINTIFFS' DOCUMENT REQUESTS.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/14/2010. 6/15/2010 ENTERED AND COPIES MAILED AND E−MAILED.(kp, ) (Entered: 06/15/2010)
Mail Returned as Insufficient Address. Mail sent to C. FELIX MILLER re: 6/10/2010 (ti, ) (Entered: 06/21/2010)
214 MOTION to Compel Documents Related To The Release In Accordance With The Court's April 7, 2010 Case Management Order filed by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law (redacted) with Certificate of Service, # 3 Declaration Of Michael D. Lieder, Esq., # 4 Exhibit A (Part I), # 5 Exhibit A (Part II), # 6 Exhibit B (filed under seal), # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H (filed under seal), # 13 Exhibit I (filed under seal), # 14 Exhibit J (filed under seal), # 15 Exhibit K (filed under seal))(ERCOLE, BRIAN) (Entered: 06/25/2010)
215 MEMORANDUM of Law in Support of MOTION to Compel Documents Related to the Release in Accordance with the Court's 4/27/2010 Case Management Order by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/28/2010)
Mail Returned as to "C. Felix Miller" copy of order filed 6/15/2010; Returned as "insufficient address" (tomg, ) (Entered: 06/28/2010)
216 STIPULATION re 214 MOTION to Compel Documents Related To The Release In Accordance With The Court's April 7, 2010 Case Management Order Stipulation for Extension of Time to File Response by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 7/16/2010 (nd, ). (Entered: 07/16/2010)
217 STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UNTIL 7/23/2010 IN WHICH TO FILE THEIR OPPOSITION IN RESPONSE TO PLAINTIFFS' MOTION. PLAINTIFFS SHALL HAVE UNTIL 8/13/2010 IN WHICH TO FILE ANY REPLY BRIEF IN SUPPORT TO PLAINTIFFS' MOTION. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/19/10. 7/20/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 07/20/2010)
218 RESPONSE in Opposition re 214 MOTION to Compel Documents Related To The Release In Accordance With The Court's April 7, 2010 Case Management Order filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Index, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4 Sealed, # 7 Exhibit 5 Sealed, # 8 Exhibit 6 Sealed, # 9 Exhibit 7 Sealed, # 10

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 258 of 745

07/23/2010 07/23/2010 07/28/2010 07/28/2010 07/28/2010
07/29/2010 08/13/2010
08/13/2010

Exhibit 8 Sealed, # 11 Exhibit 9 Sealed, # 12 Exhibit 10 Sealed, # 13 Exhibit 11 Sealed, # 14 Exhibit 12 Sealed, # 15 Exhibit 13 Sealed, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17 Sealed, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20)(KATCHEN, KATHERINE) Modified on 7/26/2010 (lisad, ). (Entered: 07/23/2010)
219 OPPOSITION to Plaintiff's MOTION to Compel Documents Related to the Release in Accordance with the Court's April 7, 2010 Case Management Order, Certificate of Service filed by ALLSTATE INSURANCE COMPANY. (FILED IN HARD COPY ONLY) (ti, ) (Entered: 07/26/2010)
220 EXHIBITS 4−13 and 17 to 219 by ALLSTATE INSURANCE COMPANY. (FILED UNDER SEAL)(ti, ) (Entered: 07/26/2010)
221 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/28/10. 7/28/10 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 07/28/2010)
222 ORDER THAT THE MOTION IS GRANTED AS SET FORTH IN THE ACCOMPANYING MEMORANDUM FILED THIS DATE. IT IS FURTHER ORDERED THAT THE PROPOSED SECOND AMENDED COMPLAINT ATTACHED TO PLAINTIFF'S MOTION SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/28/10. 7/28/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 07/28/2010)
223 SECOND AMENDED COMPLAINT against ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION, filed by PAUL L. SHIRLEY, DWIGHT ENGLISH, JOHN W. WITTMAN, JAMES E. MOOREHEAD, JAMES T. BEVER, GENE R. ROMERO, CHRISTOPHER L. PERKINS, CRAIG A. MILLISON, RALPH J. WOLVERTON, ANTHONY T. WIKTOR, JAMES P. PILCHAK, NATHAN R. LITTLEJOHN, II, TIMOTHY WEISMAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, DONALD L. TRGOVICH, DAVID C. LAWSON, RICHARD S. WANDNER, SYLVIA CREWS−KELLY, RICHARD A. CARRIER, RONALD W. HARPER, LARRY H. LANKFORD, SR, REBECCA R. MASLOWSKI, DOUGLAS F. GAFNER, PAUL R. COBB, RICHARD E. PETERSON, CRAIG K. CREASE.(ti, ) (Entered: 07/28/2010)
224 NOTICE of Appearance by CHRISTOPHER TODD COGNATO on behalf of EDWARD M. LIDDY with Cerificate of Service(COGNATO, CHRISTOPHER) (Entered: 07/29/2010)
225 REPLY to Response to Motion re 214 MOTION to Compel Documents Related To The Release In Accordance With The Court's April 7, 2010 Case Management Order filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration of Brian M. Ercole, Esq., # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C (filed under seal), # 5 Exhibit D, # 6 Exhibit E (filed under seal), # 7 Exhibit F (filed under seal), # 8 Exhibit G)(ERCOLE, BRIAN) (Entered: 08/13/2010)
226 EXHIBITS C, E, AND F to REPLY Brief in Support of MOTION to Compel by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 259 of 745

08/27/2010 08/27/2010 08/27/2010 09/13/2010
09/27/2010
10/04/2010 10/13/2010
10/14/2010 10/18/2010

WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 08/16/2010)
227 First MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by EDWARD M. LIDDY.Memorandum.(COGNATO, CHRISTOPHER) (Entered: 08/27/2010)
228 ANSWER to 223 Amended Complaint,, and Affirmative Defenses by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.(KATCHEN, KATHERINE) (Entered: 08/27/2010)
229 NOTICE of Withdrawal of Appearance by STEPHANIE KAY DEIGER on behalf of EDWARD M. LIDDY(DEIGER, STEPHANIE) (Entered: 08/27/2010)
230 RESPONSE in Opposition re 227 First MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(ERCOLE, BRIAN) (Entered: 09/13/2010)
231 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.. (Attachments: # 1 Proposed Order, # 2 Memorandum Of Law, # 3 Declaration Of Brian M. Ercole, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M)(ERCOLE, BRIAN) (Entered: 09/27/2010)
232 RESPONSE in Support re 227 First MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by EDWARD M. LIDDY. (LANGEL, JOHN) (Entered: 10/04/2010)
233 MOTION to Stay re 231 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order Proposed Order, # 3 Affidavit Declaration of Jordan M. Heinz, # 4 Exhibit Exhibit 1 to Declaration, # 5 Exhibit Exhibit 2 to Declaration, # 6 Exhibit Exhibit 3 to Declaration, # 7 Exhibit Exhibit 4 to Declaration, # 8 Exhibit Exhibit 5 to Declaration, # 9 Exhibit Exhibit 6 to Declaration, # 10 Exhibit Exhibit 7 to Declaration, # 11 Exhibit Exhibit 8 to Declaration, # 12 Exhibit Exhibit 9 to Declaration, # 13 Exhibit Exhibit 10 to Declaration, # 14 Exhibit Exhibit 11 to Declaration, # 15 Exhibit Exhibit 12 to Declaration, # 16 Certificate of Service)(KATCHEN, KATHERINE) (Entered: 10/13/2010)
234 RESPONSE in Opposition re 231 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release filed by EDWARD M. LIDDY. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Exhibit 1)(LANGEL, JOHN) (Entered: 10/14/2010)
235 ORDER THAT DEFENDANTS ALLSTATE INSURANCE COMPANY, ET AL. SHALL NOT BE REQUIRED TO FILE THEIR RESPONSE − DUE TODAY − TO

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 260 of 745

10/21/2010 10/21/2010 10/28/2010
11/01/2010 11/10/2010 11/10/2010 11/10/2010
11/15/2010

PLAINTIFFS' MOTION TO COMPEL ANSWERS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES DIRECTED TO THE VALIDITY OF THE RELEASE 231 UNTIL AFTER THE COURT HAS HAD THE OPPORTUNITY TO CONSIDER DEFENDANTS' MOTION TO STAY BRIEFING 233 , TO WHICH PLAINTIFFS HAVE YET TO RESPOND. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/18/10. 10/18/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 10/18/2010)
236 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/21/10. 10/21/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 10/21/2010)
237 ORDER THAT UPON CONSIDERATION OF THE MOTION BY PLAINTIFFS GENE R. ROMERO, ET AL. TO COMPEL DOCUMENTS RELATED TO THE RELEASE IN ACCORDANCE WITH THE COURT'S 4/7/2010 CASE MANAGEMENT ORDER, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/21/10. 10/21/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 10/21/2010)
238 REPLY to Response to Motion re 231 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration Of Brian M. Ercole, # 2 Exhibit A)(ERCOLE, BRIAN) (Entered: 10/28/2010)
239 STIPULATION AND ORDER THAT PLAINTIFFS SHALL HAVE UNTIL 11/10/10 TO FILE AN OPPOSITION BRIEF TO DEFENDANTS' MOTION TO STAY. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/1/10. 11/2/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/02/2010)
240 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/9/10. 11/10/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/10/2010)
241 ORDER THAT UPON CONSIDERATION OF DEFENDANT EDWARD M. LIDDY'S MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) 227 , THE RESPONSE OF PLAINTIFFS GENE R. ROMERO, ET AL. 230 , AND DEFENDANT'S REPLY BRIEF 232 , IT IS HEREBY ORDERED THAT THE MOTION IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/9/10. 11/10/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/10/2010)
242 STIPULATION re 237 Order (Memorandum and/or Opinion), Order (Memorandum and/or Opinion), 233 MOTION to Stay re 231 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release MOTION to Stay re 231 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release MOTION to Stay re 231 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release MOTION to Stay re 231 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release, 231 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (FILED IN ERROR BY ATTORNEY; OCPY FORWARDED TO CLERK/JUDGE FOR APPROVAL) Modified on 11/12/2010 (nd). (Entered: 11/10/2010)
243 STIPULATION AND ORDER FOR EXTENSION OF TIME WITH COURT APPROVAL SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/15/10. 11/16/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered:

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 261 of 745

11/22/2010 11/23/2010 11/24/2010 11/24/2010 11/29/2010 12/10/2010
12/10/2010
12/10/2010

11/16/2010)
244 STIPULATION re 231 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release by EDWARD M. LIDDY. (LANGEL, JOHN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO CLERK/JUDGE FOR APPROVAL) Modified on 11/23/2010 (nd, ). (Entered: 11/22/2010)
245 STIPULATION AND ORDER THAT BY 12/6/2010, MR. LIDDY SHALL PROVIDE SEPARATE, VERIFIED ANSWERS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES DIRECTED TO THE VALIDITY OF THE RELEASE; AND PLAINTIFFS VOLUNTARILY WITHDRAW, WITHOUT PREJUDICE TO RE−FILE AT A LATER DATE, IF NECESSARY, THEIR SECOND MOTION TO COMPEL 231 AS TO MR. LIDDY. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/23/10. 11/23/10 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/23/2010)
246 Answer with Affirmative Defenses to 223 Amended Complaint, by EDWARD M. LIDDY, Certificate of Service. (LANGEL, JOHN) Modified on 11/26/2010 (fh) (Entered: 11/24/2010)
247 STIPULATION re 236 Memorandum and/or Opinion by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) **(FILED IN ERROR BY ATTY., STIPULATION FORWARDED TO JUDGE FOR APPROVAL)** Modified on 11/26/2010 (fh) (Entered: 11/24/2010)
248 STIPULATION AND ORDER THAT ALLSTAE WILL SERVE ITS AMENDED AND SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS BY 12/7/2010. ALLSTATE'S SUPPLEMENTAL INTERROGATORY RESPONSES WILL TAKE PLACE ON 12/9/2010. BY 12/10/2010, PARTIES SHALL SUBMIT, IN WRITING, A JOINT STIPULATION AND ORDER CONCERNING THE SCHEDULE FOR ALLSTATE TO PRODUCE DOCUMENTS. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/29/10. 11/29/10 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 11/29/2010)
249 NOTICE by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON re 248 Stipulation and Order,, Plaintiffs' Letter Regarding The Schedule For Defendants To Produce All Responsive Documents Compelled By The Court's October 21, 2010 Order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(ERCOLE, BRIAN) (Entered: 12/10/2010)
250 AMENDED DOCUMENT by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. Amendment to 249 Notice (Other), Notice (Other), Notice (Other), Notice (Other) Plaintiffs' Amended Letter Regarding The Schedule For Defendants To Produce All Responsive Documents Compelled By The Court's October 21, 2010 Order. (ERCOLE, BRIAN) (Entered: 12/10/2010)
251 MOTION for Order Entry of Scheduling Order For Allstate's Production of Release−Related Documents filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Declaration,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 262 of 745

12/14/2010 12/15/2010
01/11/2011 01/11/2011 01/13/2011 01/13/2011 01/19/2011 01/19/2011 05/12/2011 05/17/2011
07/13/2011

# 3 Ex. A, # 4 Ex. B−1, # 5 Ex. B−2, # 6 Ex. B−3, # 7 Ex. B−4, # 8 Ex. C, # 9 Ex. D, # 10 Ex. E)(KATCHEN, KATHERINE) (Entered: 12/10/2010)
252 NOTICE by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION re 250 Amended Document,,, Defendants' Letter to Judge Buckwalter re production schedule for Allstate's Release−related documents (KATCHEN, KATHERINE) (Entered: 12/14/2010)
253 ORDER THAT DEFENDANTS SHALL MAKE THEIR FIRST ROLLING PRODUCTIONS OF DOCUMENTS 10/21/2010; DEFENDANTS SHALL MAKE ROLLING PRODUCTIONS EVERY TWO WEEKS THEREAFTER; AND 2/28/2011, DEFENDANTS SHALL COMPLETE THEIR PRODUCTION OF ALL RESPONSIVE DOCUMENTS COMPELLED BY THE COURT'S 10/21/2010 ORDER. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/14/10. 12/15/10 ENTERED AND COPIES MAILED TO MANNINO & WILSON, E−MAILED.(ti, ) Modified on 12/16/2010 (ti, ). (Entered: 12/15/2010)
254 MOTION for Pro Hac Vice of Jordan M. Heinz filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service.(KATCHEN, KATHERINE) (Entered: 01/11/2011)
255 MOTION for Pro Hac Vice of Erica Zolner filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service.(KATCHEN, KATHERINE) (Entered: 01/11/2011)
256 APPLICATION OF JORDAN M. HEINZ, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b), Statement, Certificate of Service (Filing Fee $40 Receipt Number 035678) by ALLSTATE INSURANCE COMPANY. (ti, ) (Entered: 01/14/2011)
257 APPLICATION OF ERICA ZOLNER, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b), Statement, Certificate of Service (Filing Fee $40 Receipt Number 035678) by ALLSTATE INSURANCE COMPANY. (ti, ) (Entered: 01/14/2011)
258 ORDER THAT THE APPLICATION OF JORDAN M. HEINZ, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b), IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/18/11. 1/20/11 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 01/20/2011)
259 ORDER THAT THE APPLICATION OF ERICA ZOLNER, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b), IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/18/11. 1/20/11 ENTERED AND COPIES MAILED, E−MAILED. (ti, ) (Entered: 01/20/2011)
260 STIPULATION Concerning [Proposed] Scheduling Order for Release−Related Discovery and Motion Practice and Proposed Scheduling Order by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO CLERK/JUDGE FOR APPROVAL) Modified on 5/12/2011 (nd, ). (Entered: 05/12/2011)
261 SCHEDULING ORDER THAT PARTIES SHALL COMPLETE ALL RELEASE RELATED DISCOVERY BY 12/15/2011. ALL WRITTEN DISCOVERY, ARE DUE ON OR BEFORE 10/1/2011. ALL DISCOVERY MOTIONS, SHALL BE FILED ON OR BEFORE 11/15/2011. OPENING MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED ON 1/30/2012, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/17/11. 5/18/11 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/18/2011)
262 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 263 of 745

07/15/2011
07/22/2011
07/28/2011 08/03/2011 08/22/2011 10/03/2011

A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law, # 3 Declaration In Support Of Renewed Motion To Compel, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T, # 24 Exhibit U, # 25 Exhibit V)(ERCOLE, BRIAN) (Entered: 07/13/2011)
263 NOTICE of Appearance by MARISEL ACOSTA on behalf of JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON with Certificate of Service(ACOSTA, MARISEL) (Entered: 07/15/2011)
264 NOTICE of Appearance by K. CATHERINE RONEY on behalf of JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON with Certificate of Service(RONEY, K.) (Entered: 07/22/2011)
265 STIPULATION re 262 MOTION to Compel Answers To Plaintiffs' First Set Of Interrogatories Directed To The Validity Of The Release by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO CLERK/JUDGE FOR APPROVAL) Modified on 7/29/2011 (nd, ). (Entered: 07/28/2011)
266 STIPULATION AND ORDER THAT THE DEADLINE FOR DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION SHALL BE, AND IS HEREBY, EXTENDED TO 8/18/2011. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 8/3/11. 8/3/11 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/03/2011)
267 ORDER THAT PLAINTIFF'S MOTION TO COMPEL IS HEREBY DISMISSED WITHOUT PREJUDICE TO RE−FILE AT A LATER DATE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 8/22/2011.8/22/2011 ENTERED AND COPIES MAILED, E−MAILED.(kp, ) (Entered: 08/22/2011)
268 MOTION to Determine The Sufficiency Of Allstate's Answers And Objections To Plaintiffs' Second Set Of Requests For Admissions filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON., Certificate of service. (Attachments: # 1 Proposed Order, # 2 Memorandum Of Law, # 3 Declaration In Support Of Memorandum Of Law, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 264 of 745

10/06/2011
10/21/2011 10/24/2011 10/28/2011 10/31/2011 11/10/2011 11/10/2011

Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H)(ERCOLE, BRIAN) Modified on 10/4/2011 (nd, ). (Entered: 10/03/2011)
269 AMENDED DOCUMENT by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. Amended and Corrected Memorandum of Law in Support of Plaintiffs' Motion to Determine the Sufficiency of Allstate's Answers and Objections to Plaintiffs' Second Set of Requests for Admissions. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(MEEHAN, COLEEN) (Entered: 10/06/2011)
270 STIPULATION and Proposed Scheduling Order for Discovery Related to the Validity, Enforceability and Applicability of the Release by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 10/24/2011 (nd, ). (Entered: 10/21/2011)
271 STIPULATION AND ORDER THAT ALLSTATE SHALL HAVE UNTIL 11/10/2011 TO FILE ITS RESPONSE TO PLAINTIFFS' MOTION TO DETERMINE THE SUFFICIENCY OF ALLSTATE'S ANSWERS AND OBJECTIONS TO PLAINTIFFS' SECOND SET OF REQUESTS FOR ADMISSIONS. PARTIES SHALL COMPLETE ALL DISCOVERY, INCLUDING THE FILING OF ANY OTHER MOTIONS RELATING TO DISCOVERY, BY 2/28/2012, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/24/11. 10/24/11 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 10/24/2011)
272 SUGGESTION OF DEATH Upon the Record of Plaintiff James Pilchak by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (MEEHAN, COLEEN) (Entered: 10/28/2011)
273 MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Memorandum in Support, # 3 Affidavit Declaration and 26(C) Certification of Erica B. Zolner in Support, # 4 Exhibit 1 to Declaration, # 5 Exhibit 2 to Declaration, # 6 Exhibit 3 to Declaration, # 7 Exhibit 4 to Declaration, # 8 Exhibit 5 to Declaration, # 9 Exhibit 6 to Declaration, # 10 Exhibit 7 to Declaration, # 11 Exhibit 8 to Declaration)(HEINZ, JORDAN) (Entered: 10/31/2011)
274 RESPONSE in Opposition re 268 MOTION to Compel Plaintiffs' Motion To Determine The Sufficiency Of Allstate's Answers And Objections To Plaintiffs' Second Set Of Requests For Admissions filed by ALLSTATE INSURANCE COMPANY. (HEINZ, JORDAN) (Entered: 11/10/2011)
275 Declaration re 274 Response in Opposition to Motion, to Determine the Sufficiency of Allstate's Answers and Objections to Plaintiffs' Second Set of Requests for Admissions by ALLSTATE INSURANCE COMPANY. (Attachments: # 1 Exhibit 1, # 2 Exhibit

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 265 of 745

11/23/2011 12/05/2011 12/12/2011

2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37)(HEINZ, JORDAN) (Entered: 11/10/2011)
276 RESPONSE in Opposition re 273 MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (ERCOLE, BRIAN) (Entered: 11/23/2011)
277 REPLY to Response to Motion re 268 MOTION to Compel Plaintiffs' Motion To Determine The Sufficiency Of Allstate's Answers And Objections To Plaintiffs' Second Set Of Requests For Admissions filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration In Support Of Plaintiffs' Reply Brief, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(ERCOLE, BRIAN) (Entered: 12/05/2011)
278 REPLY to Response to Motion re 273 MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) Allstate's Reply in Support of Its Motion for a Protective Order Concerning Plaintiffs' Notice of Videotaped Deposition of Defendants Allstate Insurance Company and the Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 12/12/2011)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 266 of 745

12/23/2011 01/05/2012 01/09/2012 01/10/2012

279 Memorandum (Surreply) In Further Opposition To Allstate's Motion For A Protective Order re 273 MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) MOTION for Protective Order Motion for a Protective Order Concerning Notice of Videotaped Deposition of Defendants Allstate Insurance Company and The Allstate Corporation Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B)(ERCOLE, BRIAN) (Entered: 12/23/2011)
280 MOTION to Compel Discovery of Source/Custodial Information for Documents Produced Prior to 2010 filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law, # 3 Local Rule 261(f) Certification, # 4 Declaration in Support of Motion, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I)(MEEHAN, COLEEN) (Entered: 01/05/2012)
281 MOTION to Compel Plaintiffs' Motion To Determine The Sufficiency Of The Answers And Objections Of Defendant Edward M. Liddy To Plaintiffs' Fourth Set Of Requests For Admissions And To Compel Complete Responses By Defendant Edward M. Liddy To Plaintiffs' Second Set Of Interrogatories filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law, # 3 Declaration in Support of Motion, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N (redacted), # 18 Exhbit O (redacted), # 19 Exhibit P (redacted), # 20 Exhibit Q (redacted), # 21 Exhibit R)(ERCOLE, BRIAN) (Entered: 01/09/2012)
282 EXHIBIT N to MOTION to Determine 281 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 267 of 745

01/10/2012 01/10/2012 01/10/2012 01/18/2012 01/18/2012 01/19/2012 01/24/2012

A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 01/10/2012)
283 EXHIBIT O to MOTION to Determine 281 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 01/10/2012)
284 EXHIBIT P to MOTION to Determine 281 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 01/10/2012)
285 EXHIBIT Q to MOTION to Determine 281 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 01/10/2012)
286 ORDER THAT UPON CONSIDERATION OF THE MOTION BY DEFENDANTS ALLSTATE INSURANCE COMPANY AND THE ALLSTATE CORPORATION FOR A PROTECTIVE ORDER CONCERNING PLAINTIFFS' NOTICE OF VIDEOTAPED DEPOSITION OF DEFENDANTS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 30(b)(6) 273 , IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/18/12.1/18/12 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 01/18/2012)
287 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION TO DETERMINE THE SUFFICIENCY OF ALLSTATE'S ANSWERS AND OBJECTIONS TO PLAINTIFFS' SECOND SET OF REQUESTS FOR ADMISSIONS 268 , IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/18/12.1/18/12 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 01/18/2012)
288 APPLICATION OF TIA T. TROUT PEREZ, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b), Statement, Certificate of Service (Filing fee $40 receipt number 056483) by ALLSTATE INSURANCE COMPANY. (ti, ) (Entered: 01/20/2012)
289 ORDER THAT THE APPLICATION OF TIA T. TROUT PEREZ, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b), IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/24/12. 1/25/12 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 01/25/2012)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 268 of 745

01/26/2012
01/27/2012 01/30/2012 02/01/2012 02/01/2012 02/07/2012 02/13/2012
02/13/2012 02/15/2012

290 MOTION to Substitute Party Motion For Substitution Of Mary Jane Pilchak, As Successor For The Estate Of James Pilchak, For The Claims Of Plaintiff James Pilchak filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law, # 3 Exhibit A, # 4 Exhbiit B)(ERCOLE, BRIAN) (Entered: 01/26/2012)
291 ORDER THAT PLAINTIFFS MOTION TO COMPEL (DOC. 280) IS DISMISSED WITHOUT PREJUDICE.. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/26/12. 1/27/12 ENTERED AND COPIES MAILED, E−MAILED.(rf, ) (Entered: 01/27/2012)
292 STIPULATION re 281 MOTION to Compel Plaintiffs' Motion To Determine The Sufficiency Of The Answers And Objections Of Defendant Edward M. Liddy To Plaintiffs' Fourth Set Of Requests For Admissions And To Compel Complete Responses By Defendant Edward M. Liddy Stipulation for Extension of Time by EDWARD M. LIDDY. (COGNATO, CHRISTOPHER) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO CLERK/JUDGE FOR APPROVAL) Modified on 1/31/2012 (nd, ). (Entered: 01/30/2012)
293 STIPULATION AND ORDER THAT THE PARTIES IN THE ABOVE REFERENCE MATTERS, THAT THE DEADLINE FOR LIDDY'S RESPONSE TO PLAINTIFFS' MOTION SHALL BE, AND IS HEREBY, EXTENDED TO 2/15/2012. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/31/12. 2/1/12 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 02/01/2012)
294 Joint MOTION to Amend/Correct 286 Order on Motion for Protective Order, filed by ALLSTATE INSURANCE COMPANY.Memorandum. (Attachments: # 1 Text of Proposed Order Proposed Order)(KATCHEN, KATHERINE) (Entered: 02/01/2012)
295 ORDER THAT THE JOINT MOTION TO CORRECT THE COURT'S 1/18/2012 ORDER IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/7/2012;2/8/2012 ENTERED AND COPIES MAILED, E−MAILED.(tomg, ) (Entered: 02/08/2012)
296 STIPULATION re 271 Stipulation and Order, Set Deadlines, Set Motion and R&R Deadlines/Hearings,,, by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (MEEHAN, COLEEN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 2/14/2012 (nd, ). (Entered: 02/13/2012)
297 STIPULATION AND ORDER THAT THE PARTIES SHALL COMPLETE ALL DISCOVERY, INCLUDING THE FILING OF ANY OTHER MOTIONS RELATING TO DISCOVERY, BY 5/25/2012, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/14/12. 2/13/12 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (STRICKEN PER ORDER 304 ) (Entered: 02/13/2012)
298 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION FOR SUBSTITUTION OF MARY JANE PILCHAK, IT IS HEREBY ORDERED THAT PLAINTIFFS' MOTION IS GRANTED. MARY JANE PILCHAK, IS SUBSTITUTED AS THE PROPER PARTY FOR DECEDENT JAMES PILCHAK

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02/15/2012 04/19/2012 04/19/2012 04/20/2012 05/11/2012
05/14/2012
05/14/2012
05/14/2012

IN THIS ACTION. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/15/12.2/15/12 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 02/15/2012)
299 SEALED ORDER SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/15/12.2/15/12 ENTERED AND COPIES MAILED.(ti, ) (Entered: 02/15/2012)
300 MOTION to Compel Plaintiff Richard Carrier's Deposition Testimony filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order)(KATCHEN, KATHERINE) (Entered: 04/19/2012)
301 MEMORANDUM OF LAW in Support of MOTION to Compel Plaintiff RICHARD CARRIER's Deposition Testimony together with Certificate of Service filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 04/20/2012)
302 NOTICE of Withdrawal of Appearance by JORDAN M. HEINZ on behalf of ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION(HEINZ, JORDAN) (FILED IN ERROR BY ATTORNEY; ATTORNEYS WILL RE−FILE) Modified on 4/23/2012 (nd). (Entered: 04/20/2012)
303 STIPULATION and Proposed Amended Scheduling Order by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (MEEHAN, COLEEN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 5/14/2012 (nd, ). (Entered: 05/11/2012)
304 STIPULATION AND ORDER THAT THE COURT'S AMENDED SCHEDULING ORDER IS HEREBY STRICKEN. PLAINTIFFS SHALL FILE AND SERVE THEIR OPPOSITION TO ALLSTATE'S PENDING MOTION TO COMPEL BY 5/14/2012. PARTIES SHALL COMPLETE ALL DISCOVERY, INCLUDING THE FILING OF ANY OTHER MOTIONS RELATING TO DISCOVERY, BY 8/13/2012. OPENING MOTIONS FOR SUMMARY JUDGMENT DIRECTED TO THE VALIDITY, ENFORCEABILITY, AND APPLICABILITY OF THE RELEASE SHALL BE FILED BY THE LATER OF 9/27/2012; OR 45 DAYS AFTER THE DATE THE COURT RULES ON ANY OUTSTANDING MOTION PENDING AS OF 8/13/2012, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/14/12. 5/14/12 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) Modified on 5/14/2012 (ti, ). (Entered: 05/14/2012)
305 RESPONSE in Opposition re 300 MOTION to Compel Plaintiff Richard Carrier's Deposition Testimony (Filed Under Seal) filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration In Support Of Opposition Brief, # 2 Exhibit A (Part 1), # 3 Exhibit A (Part 2), # 4 Exhibit B)(ERCOLE, BRIAN) (Entered: 05/14/2012)
306 Opposition to Defendants' MOTION 300 to Compel Plaintiff Richard Carrier's Deposition Testimony filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R.

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05/21/2012 05/23/2012
06/05/2012 06/18/2012 06/18/2012 06/19/2012
06/19/2012 06/19/2012

LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 05/15/2012)
307 REPLY to Plaintiffs' Opposition to ALLSTATE'S MOTION to Compel Plaintiff RICHARD CARRIER's Deposition Testimony filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 05/22/2012)
308 MOTION for Contempt filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law, # 3 Declaration in Support of Motion, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T, # 24 Exhibit U, # 25 Exhibit V)(MEEHAN, COLEEN) (Entered: 05/23/2012)
309 ORDER THAT DEFENDANT'S MOTION IS GRANTED IN PART AND DENIED WITHOUT PREJUDICE TO RENEWAL IF NECESSARY. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/5/12.6/6/12 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 06/06/2012)
310 RESPONSE in Opposition re 308 MOTION for Contempt Allstate's Opposition to Plaintiffs' Motion for Contempt filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 06/19/2012)
312 EXHIBITS 43 AND 47−50 of Opposition to Plaintiffs' MOTION for Contempt by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL)(ti, ) (Entered: 06/19/2012)
311 Declaration re 310 Response in Opposition to Motion Declaration of Jordan M. Heinz in Support of Allstate's Opposition to Plaintiffs' Motion for Contempt by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50)(HEINZ, JORDAN) (Entered: 06/19/2012)
313 NOTICE of Appearance by KATHERINE M. KATCHEN on behalf of ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION with Certificate of Service(KATCHEN, KATHERINE) (Entered: 06/19/2012)
314 APPLICATION CHRISTOPHER Q. KING, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) Certificate of Service (Filing fee $40 receipt number 064939) by ALLSTATE INSURANCE COMPANY. (ti, ) (Entered: 06/20/2012)

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06/25/2012 07/05/2012
07/06/2012
07/06/2012
07/17/2012 07/17/2012 07/18/2012 07/18/2012

315 ORDER THAT THE APPLICATION OF CHRISTOPHER Q. KING, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/25/12. 6/25/12 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 06/25/2012)
316 REPLY to Response to Motion re 308 MOTION for Contempt filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B (Redacted))(ERCOLE, BRIAN) (Entered: 07/05/2012)
317 REPLY BRIEF in Further Support of their MOTION to HOLD the ALLSTATE DEFENDANTS in CONTEMPT of the Court's December 15, 2010 ORDER and for SANCTIONS filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 07/06/2012)
318 EXHIBIT B (Declaration of BRIAN M. ERCOLE, ESQ. in Further Support of MOTION to HOLD the ALLSTATE DEFENDANTS in CONTEMPT of the Court's December 15, 2010 ORDER and for SANCTIONS) by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 07/06/2012)
319 MOTION for Leave to File a Sur−Reply in Support of Its Opposition to Plaintiffs' Motion to Hold Allstate in Contempt of Court filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Brief, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Allstate's Sur−Reply in Support of Its Opposition to Plaintiffs' Motion to Hold Allstate in Contempt of Court)(HEINZ, JORDAN) (Entered: 07/17/2012)
320 EXHIBITS 1 AND 2 to Sur−Reply in Support of Opposition to MOTION to Hold ALLSTATE in Contempt of Court by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL)(ti, ) (Entered: 07/17/2012)
321 ORDER THAT ALLSTATE'S MOTION FOR LEAVE TO FILE A SUR−REPLY IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS' MOTION TO HOLD ALLSTATE IN CONTEMPT OF COURT IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/18/12.7/19/12 ENTERED AND COPIES E−MAILED.(ti, ) Modified on 7/20/2012 (afm, ). (Entered: 07/19/2012)
322 SUR−REPLY in Support of its Opposition to Plaintiffs' MOTION to Hold ALLSTATE in Contempt of Court, Certificate of Service filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (ti, ) (Entered: 07/19/2012)

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323 SUGGESTION OF DEATH Upon the Record of Plaintiff Dwight English by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (MEEHAN, COLEEN) (Entered: 08/06/2012)
324 MOTION to Compel Allstate's Motion to Compel Documents Responsive to Allstate's Requests for Production filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law in Support, # 3 Declaration of Jordan M. Heinz in Support, # 4 Exhibit 1 to Declaration, # 5 Exhibit 2 to Declaration, # 6 Exhibit 3 to Declaration, # 7 Exhibit 4 to Declaration, # 8 Exhibit 5 to Declaration, # 9 Exhibit 6 to Declaration, # 10 Exhibit 7 to Declaration, # 11 Exhibit 8 to Declaration, # 12 Exhibit 9 to Declaration, # 13 Exhibit 10 to Declaration, # 14 Exhibit 11 to Declaration, # 15 Exhibit 12 to Declaration, # 16 Exhibit 13 to Declaration, # 17 Exhibit 14 to Declaration, # 18 Exhibit 15 to Declaration, # 19 Exhibit 16 to Declaration, # 20 Exhibit 17 to Declaration, # 21 Exhibit 18 to Declaration, # 22 Exhibit 19 to Declaration, # 23 Exhibit 20 to Declaration)(HEINZ, JORDAN) (Entered: 08/13/2012)
325 MOTION for Sanctions to Compel Deposition Testimony of Defendants Allstate Insurance Company and the Allstate Corporation, and to Extend Time for rule 30(b)(6) Deposition filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum of Law, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law, # 3 Declaration, # 4 A, # 5 B, # 6 C−1, # 7 C−2, # 8 C−3, # 9 D, # 10 E, # 11 F, # 12 G, # 13 H, # 14 I, # 15 J, # 16 K, # 17 L, # 18 M, # 19 N, # 20 O, # 21 P, # 22 Q, # 23 R, # 24 S, # 25 T, # 26 U, # 27 V, # 28 W)(MEEHAN, COLEEN) (Entered: 08/13/2012)
326 MOTION for Sanctions Plaintiffs' Motion For Spoliation Inference filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.. (Attachments: # 1 Proposed Order, # 2 Memorandum Of Law, # 3 Declaration In Support Of Motion, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37, # 41 Exhibit 38, # 42 Exhibit 39, # 43 Exhibit 40 (Part 1), # 44 Exhibit 40 (Part 2), # 45 Exhibit 40 (Part 3), # 46 Exhibit 40 (Part 4), # 47 Exhibit 41, # 48 Exhibit 42, # 49 Exhibit 43, # 50 Exhibit 44, # 51 Exhibit 45, # 52 Exhibit 46, # 53 Certificate of

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08/14/2012 08/14/2012
08/16/2012 08/23/2012
08/23/2012
09/06/2012

Service)(ERCOLE, BRIAN) (Entered: 08/14/2012)
327 NOTICE of Withdrawal of Appearance by JANE S. PARK on behalf of ALLSTATE INSURANCE COMPANY(PARK, JANE) (Entered: 08/14/2012)
328 MOTION FOR SANCTIONS PLAINTIFFS' MOTION FOR A SPOLIATION INFERENC filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.(FILED UNDER SEAL REDACTED VERSION FILED AS DOC. NO.326).(kk, ) (Entered: 08/14/2012)
329 MOTION to Amend/Correct Allstate's Motion for Leave to Amend Its Responses to Certain of Plaintiffs' Requests for Admission filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law in Support, # 3 Exhibit 1 to Memorandum, # 4 Exhibit 2 to Memorandum, # 5 Exhibit 3 to Memorandum (Part 1), # 6 Exhibit 3 to Memorandum (Part 2), # 7 Exhibit 3 to Memorandum (Part 3), # 8 Exhibit 4 to Memorandum, # 9 Exhibit 5 to Memorandum, # 10 Exhibit 6 to Memorandum, # 11 Exhibit 7 to Memorandum, # 12 Exhibit 8 to Memorandum)(HEINZ, JORDAN) (Entered: 08/16/2012)
330 AMENDED MEMORANDUM of Law in Support of their MOTION for a Spoliation Inference filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 08/24/2012)
331 AMENDED EXHIBITS 4, 5, 22 AND 41 to Plaintiffs' MOTION for Spoliation Inference by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 08/24/2012)
332 Memorandum in Opposition re 324 MOTION to Compel Allstate's Motion to Compel Documents Responsive to Allstate's Requests for Production filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Coleen M. Meehan, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M)(MEEHAN, COLEEN) Modified on 9/7/2012 (nd, ).

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 274 of 745

09/10/2012
09/10/2012
09/12/2012 09/12/2012 09/12/2012 09/24/2012 09/27/2012 09/27/2012

(Entered: 09/06/2012)
333 STIPULATION for Plaintiffs to file their Reply in Support of their Motion for a Spoliation Inference by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (MEEHAN, COLEEN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 9/11/2012 (nd, ). (Entered: 09/10/2012)
334 Memorandum of Law in Opposition re 329 MOTION to Amend/Correct Allstate's Motion for Leave to Amend Its Responses to Certain of Plaintiffs' Requests for Admission filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, Certificate of service. (Attachments: # 1 Declaration, # 2 Exhibit A)(ERCOLE, BRIAN) Modified on 9/11/2012 (nd, ). (Entered: 09/10/2012)
335 ORDER THAT THE ABOVE CAPTIONED MATTERS ARE CONSOLIDATED FOR ADMINISTRATIVE PURPOSES ONLY, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/12/12. 9/13/12 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 09/13/2012)
336 ORDER THAT, FOR ADMINISTRATIVE PURPOSES, THE FOLLOWING MOTIONS ARE DISMISSED AS MOOT SINCE THEY HAVE BEEN RULED ON IN CASE NO. 01−3894, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/12/12. 9/13/12 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 09/13/2012)
337 STIPULATION AND ORDER THAT THE DEADLINE FOR PLAINTIFFS' REPLY IN SUPPORT OF THIER MOTION FOR A SPOLIATION INFERENCE SHALL BE, AND IS HEREBY, EXTENDED TO 10/22/2012. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/12/12. 9/13/12 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 09/13/2012)
338 Reply in Support of it's 324 MOTION TO COMPEL Documents Responsive to Allstate's Requests for Production filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, Certificate of Service. (Attachments: # 1 Affidavit Heinz Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(HEINZ, JORDAN) Modified on 9/25/2012 (fh) (Entered: 09/24/2012)
339 Reply in Support of its 329 Motion for Leave to Amend Its Responses to Certain of Plaintiffs' Requests for Admission filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, Certificate of Service. (Attachments: # 1 Declaration of Jordan M. Heinz, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(HEINZ, JORDAN) Modified on 9/28/2012 (fh) (Entered: 09/27/2012)
340 Opposition to PLAINTIFFS' 325 MOTION for Sanctions to Compel Deposition Testimony of Defendants Allstate Insurance Company and the Allstate Corporation, and to Extend Time for rule 30(b)(6) Deposition filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Richard Fesl, # 3 Declaration of Christine DeMilio, # 4 Declaration of Jordan M. Heinz, # 5 Exhibit A to Heinz Declaration, # 6 Exhibit B to Heinz Declaration, # 7 Exhibit C to Heinz

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 275 of 745

09/27/2012

Declaration, # 8 Exhibit D to Heinz Declaration, # 9 Exhibit E to Heinz Declaration, # 10 Exhibit F to Heinz Declaration, # 11 Exhibit G to Heinz Declaration, # 12 Exhibit H to Heinz Declaration, # 13 Exhibit I to Heinz Declaration, # 14 Exhibit J to Heinz Declaration, # 15 Exhibit K to Heinz Declaration, # 16 Exhibit L to Heinz Declaration, # 17 Exhibit M to Heinz Declaration, # 18 Exhibit N to Heinz Declaration, # 19 Exhibit O to Heinz Declaration, # 20 Exhibit P to Heinz Declaration, # 21 Exhibit Q to Heinz Declaration, # 22 Exhibit R to Heinz Declaration, # 23 Exhibit S to Heinz Declaration Part 1 of 3, # 24 Exhibit S to Heinz Declaration Part 2 of 3, # 25 Exhibit S to Heinz Declaration Part 3 of 3, # 26 Exhibit T to Heinz Declaration, # 27 Exhibit U to Heinz Declaration, # 28 Exhibit V to Heinz Declaration, # 29 Exhibit W to Heinz Declaration, # 30 Exhibit X to Heinz Declaration, # 31 Exhibit Y to Heinz Declaration)(HEINZ, JORDAN) Modified on 9/28/2012 (fh) (Entered: 09/27/2012)
341 Opposition to 326 MOTION For Spoliation Inference filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of J. Redgrave, # 3 Declaration of E. Liddy, # 4 Declaration of C. DeMilio, # 5 Declaration of E. Zolner, # 6 Exhibit 1 to Zolner Declaration, # 7 Exhibit 2 to Zolner Declaration, # 8 Exhibit 3 to Zolner Declaration, # 9 Exhibit 4 to Zolner Declaration, # 10 Exhibit 5 to Zolner Declaration, # 11 Exhibit 6 to Zolner Declaration, # 12 Exhibit 7 to Zolner Declaration5t, # 13 Exhibit 8 to Zolner Declaration, # 14 Exhibit 9 to Zolner Declaration, # 15 Exhibit 10 to Zolner Declaration, # 16 Exhibit 11 to Zolner Declaration, # 17 Exhibit 12 to Zolner Declaration, # 18 Exhibit 13 to Zolner Declaration, # 19 Exhibit 14 to Zolner Declaration, # 20 Exhibit 15 (part 1) to Zolner Declaration, # 21 Exhibit 15 (part 2) to Zolner Declaration, # 22 Exhibit 15 (part 3) to Zolner Declaration, # 23 Exhibit 16 to Zolner Declaration, # 24 Exhibit 17 to Zolner Declaration, # 25 Exhibit 18 to Zolner Declaration, # 26 Exhibit 19 to Zolner Declaration, # 27 Exhibit 20 to Zolner Declaration, # 28 Exhibit 21 to Zolner Declaration, # 29 Exhibit 22 to Zolner Declaration, # 30 Exhibit 23 to Zolner Declaration, # 31 Exhibit 24 to Zolner Declaration, # 32 Exhibit 25 to Zolner Declaration, # 33 Exhibit 26 to Zolner Declaration, # 34 Exhibit 27 to Zolner Declaration, # 35 Exhibit 28 to Zolner Declaration, # 36 Exhibit 29 to Zolner Declaration, # 37 Exhibit 30 to Zolner Declaration, # 38 Exhibit 31 to Zolner Declaration, # 39 Exhibit 32 to Zolner Declaration, # 40 Exhibit 33 to Zolner Declaration, # 41 Exhibit 34 to Zolner Declaration, # 42 Exhibit 35 to Zolner Declaration, # 43 Exhibit 36 (part 1) to Zolner Declaration, # 44 Exhibit 36 (part 2) to Zolner Declaration, # 45 Exhibit 37 to Zolner Declaration, # 46 Exhibit 38 to Zolner Declaration, # 47 Exhibit 39 to Zolner Declaration, # 48 Exhibit 40 to Zolner Declaration, # 49 Exhibit 41 to Zolner Declaration, # 50 Exhibit 42 to Zolner Declaration, # 51 Exhibit 43 to Zolner Declaration, # 52 Exhibit 44 to Zolner Declaration, # 53 Exhibit 45 to Zolner Declaration, # 54 Exhibit 46 to Zolner Declaration, # 55 Exhibit 47 to Zolner Declaration, # 56 Exhibit 48 to Zolner Declaration, # 57 Exhibit 49 to Zolner Declaration, # 58 Exhibit 50 to Zolner Declaration, # 59 Exhibit 51 to Zolner Declaration, # 60 Exhibit 52 to Zolner Declaration, # 61 Exhibit 53 to Zolner Declaration, # 62 Exhibit 54 to Zolner Declaration, # 63 Exhibit 55 to Zolner Declaration, # 64 Exhibit 56 to Zolner Declaration, # 65 Exhibit 57 to Zolner Declaration, # 66 Exhibit 58 to Zolner Declaration, # 67 Exhibit 59 to Zolner Declaration, # 68 Exhibit 60 to Zolner Declaration, # 69 Exhibit 61 to Zolner Declaration, # 70 Exhibit 62 to Zolner Declaration, # 71 Exhibit 63 to Zolner Declaration, # 72 Exhibit 64 to Zolner Declaration, # 73 Exhibit 65 to Zolner Declaration, # 74 Exhibit 66 to Zolner Declaration, # 75 Exhibit 67 to Zolner Declaration, # 76 Exhibit 68 to Zolner Declaration, # 77 Exhibit 69 to Zolner Declaration, # 78 Exhibit 70 to Zolner Declaration, # 79 Exhibit 71 to Zolner Declaration, # 80 Exhibit 72 to Zolner Declaration, # 81 Exhibit 73 to Zolner Declaration, # 82 Exhibit 74 to Zolner Declaration, # 83 Exhibit 75 to Zolner Declaration, # 84 Exhibit 76 to Zolner Declaration, # 85 Exhibit 77 to Zolner Declaration, # 86 Exhibit 78 to Zolner Declaration, # 87 Exhibit 79 to Zolner Declaration, # 88 Exhibit 80 to Zolner Declaration, # 89 Exhibit 81 to Zolner Declaration, # 90 Exhibit 82 to Zolner Declaration, # 91 Exhibit 83 to Zolner Declaration, # 92 Exhibit 84 to Zolner Declaration, # 93 Exhibit 85 to Zolner Declaration, # 94 Exhibit 86 to Zolner Declaration, # 95 Exhibit 87 to Zolner Declaration, # 96 Exhibit 88 to Zolner Declaration, # 97 Exhibit 89 to Zolner Declaration, # 98 Exhibit 90 to Zolner Declaration, # 99 Exhibit 91 to Zolner Declaration, # 100 Exhibit 92 to Zolner Declaration, # 101 Exhibit 93 to Zolner Declaration, # 102 Exhibit 94 to Zolner

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 276 of 745

09/27/2012 09/27/2012 09/27/2012 09/27/2012 10/02/2012 10/15/2012
10/16/2012
10/16/2012

Declaration, # 103 Exhibit 95 to Zolner Declaration, # 104 Exhibit 96 to Zolner Declaration, # 105 Exhibit 97 to Zolner Declaration)(ZOLNER, ERICA) Modified on 9/28/2012 (fh) (Entered: 09/27/2012)
342 OPPOSITION to Plaintiffs' MOTION for a Spoliation Inference filed by ALLSTATE INSURANCE COMPANY. (FILED UNDER SEAL) (ti, ) (Entered: 09/28/2012)
343 Declaration of Jonathan M. Redgrave in Support of Opposition to Plaintiffs' MOTION for a Spoliation Inference by ALLSTATE INSURANCE COMPANY. (FILED UNDER SEAL) (ti, ) (Entered: 09/28/2012)
344 EXHIBITS A−F, H−J, L, M−O AND W to 340 Declaration of Jordan M. Heinz in Support of Opposition to Plaintiffs' MOTION for Sanctions, to Compel Deposition Testimony of Defendants, and to extend time for Rule 30(b)(6) Depositions by ALLSTATE INSURANCE COMPANY. (FILED UNDER SEAL)(ti, ) (Entered: 09/28/2012)
345 EXHIBITS (Part 1−3) to Declaration of Erica B. Zolner in Support of Opposition to Plaintiffs' MOTION for Spoliation Inference by ALLSTATE INSURANCE COMPANY. (FILED UNDER SEAL)(ti, ) (Entered: 09/28/2012)
346 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION TO HOLD THE ALLSTATE DEFENDANTS IN CONTEMPT OF THE COURT'S 12/15/2010 ORDER AND FOR SANCTIONS 308 , IT IS HEREBY ORDERED THAT THE MOTION IS DENIED, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/2/12.10/2/12 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 10/02/2012)
347 RESPONSE in Support re 325 MOTION for Sanctions to Compel Deposition Testimony of Defendants Allstate Insurance Company and the Allstate Corporation, and to Extend Time for rule 30(b)(6) Deposition filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration, # 2 Certificate of service, # 3 Exhibit X, # 4 Exhibit Y, # 5 Exhibit Z, # 6 Exhibit AA, # 7 Exhibit BB, # 8 Exhibit CC, # 9 Exhibit DD, # 10 Exhibit EE, # 11 Exhibit FF, # 12 Exhibit GG, # 13 Exhibit HH, # 14 Exhibit II, # 15 Exhibit JJ, # 16 Exhibit KK, # 17 Exhibit LL, # 18 Exhibit MM)(MEEHAN, COLEEN) (Entered: 10/15/2012)
348 REPLY MEMORANDUM of Law in Furhter Support of MOTION for Sanctions, to Compel Deposition Testimony of Defendants ALLSTATE INSURANCE COMPANY and THE ALLSTATE CORPORATION, and to Extend Time for Rule 30(B)(6) Deposition filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 10/16/2012)
349 EXHIBITS X, Y, Z, AA through HH and EXHIBITS JJ, KK and MM of (ECF Doc. No. 348) by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 277 of 745

10/18/2012
10/23/2012 10/23/2012 10/23/2012
10/24/2012 10/25/2012

JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 10/16/2012)
350 STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME FOR PLAINTIFFS TO FILE REPLY BRIEF by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (MEEHAN, COLEEN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 10/18/2012 (nd, ). (Entered: 10/18/2012)
351 ORDER THAT UPON CONSIDERATION OF DEFENDANT ALLSTATE INSURANCE COMPANY'S MOTION TO COMPEL DOCUMENTS RESPONSIVE TO ALLSTATE'S REQUEST FOR PRODUCTION 324 , PLAINTIFFS' RESPONSE 332 , AND ALLSTATE'S REPLY BRIEF 338 , IT IS HEREBY ORDERED THAT THE MOTION IS DENIED IN ITS ENTIRETY. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/22/12. 10/23/12 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 10/23/2012)
352 STIPULATION AND ORDER THAT THE DEADLINE FOR PLAINTIFFS' REPLY IN SUPPORT OF THEIR MOTION FOR A SPOLIATION INFERENCE SHALL BE, AND IS HEREBY, EXTENDED TO 10/29/2012. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/23/12. 10/23/12 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 10/23/2012)
353 MOTION to Substitute A. Burton English as sole heir to Dwight English filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Certificate of Service. (Attachments: # 1 Affidavit Declaration of Burton English)(LIEDER, MICHAEL) (Entered: 10/23/2012)
354 Proposed Order re Docket No. 353− Motion of Substitution of Burton English as Sole Heir of Dwight English by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (LIEDER, MICHAEL) (Entered: 10/24/2012)
355 ORDER THAT UPON CONSIDERATION OF DEFENDANT ALLSTATE INSURANCE COMPANY'S MOTION FOR LEAVE TO AMEND ITS RESPONSES TO CERTAIN OF PLAINTIFFS' REQUESTS FOR ADMISSIONS 329 , PLAINTIFFS' RESPONSE IN OPPOSITION 334 , AND DEFENDANT'S REPLY BRIEF 339 , IT IS HEREBY ORDERED THAT THE MOTION IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/25/12. 10/25/12

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 278 of 745

10/25/2012 10/29/2012
10/31/2012 10/31/2012 11/14/2012

ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 10/25/2012)
356 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION FOR SUBSTITUTION OF A. BURTON ENGLISH, AS SOLE HEIR OF DWIGHT F. ENGLISH, FOR THE CLAIMS OF PLAINTIFF DWIGHT F. ENGLISH 353 , AND IT APPEARING THAT ALLSTATE DOES NOT INTEND TO OPPOSE THE MOTION, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/25/12.10/26/12 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 10/26/2012)
357 REPLY to Response to Motion re 328 MOTION for Sanctions Plaintiffs' Reply Brief In Further Support Of Their Motion For A Spoliation Inference filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Supplemental Declaration Of Coleen M. Meehan, # 2 Exhibit 47, # 3 Exhibit 48 (Filed Under Seal), # 4 Exhibit 49 (Filed Under Seal), # 5 Exhibit 50 (Filed Under Seal), # 6 Exhibit 51 (Filed Under Seal), # 7 Exhibit 52, # 8 Exhibit 53, # 9 Exhibit 54 (Filed Under Seal), # 10 Exhibit 55 (Filed Under Seal), # 11 Exhibit 56 (Filed Under Seal), # 12 Exhibit 57 (Filed Under Seal), # 13 Exhibit 58 (Filed Under Seal), # 14 Exhibit 59, # 15 Exhibit 60 (Filed Unde Seal), # 16 Exhibit 61, # 17 Exhibit 62 (Filed Under Seal), # 18 Exhibit 63 (Filed Under Seal), # 19 Exhibit 64 (Filed Under Seal), # 20 Exhibit 65 (Filed Under Seal), # 21 Exhibit 66 (Filed Under Seal), # 22 Exhibit 67 (Filed Under Seal), # 23 Exhibit 68 (Filed Under Seal), # 24 Exhibit 69 (Filed Under Seal), # 25 Exhibit 70 (Filed Under Seal), # 26 Exhibit 71 (Filed Under Seal), # 27 Exhibit 72 (Filed Under Seal), # 28 Exhibit 73 (Filed Under Seal), # 29 Exhibit 74 (Filed Under Seal), # 30 Exhibit 75 (Filed Under Seal), # 31 Exhibit 76, # 32 Exhibit 77 (Filed Under Seal), # 33 Exhibit 78 (Filed Under Seal), # 34 Exhibit 79 (Filed Under Seal), # 35 Exhibit 80 (Filed Under Seal), # 36 Exhibit 81 (Filed Under Seal), # 37 Certificate of Service)(ERCOLE, BRIAN) (Entered: 10/29/2012)
358 REPLY BRIEF IN FURTHER SUPPORT OF MOTION FOR A SPOLIATION INFERENCE filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 11/01/2012)
359 EXHIBITS 48−51, 54−58, 60, 62−75, & 77−81 TO REPLY BRIEF IN FURTHER SUPPORT TO MOTION FOR A SPOLIATION INFERENCE by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 11/01/2012)
360 NOTICE of Appearance by JACQUELINE C. GORBEY on behalf of JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 279 of 745

11/19/2012 11/20/2012 12/20/2012
01/09/2013 01/24/2013
01/28/2013 03/28/2013

KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON with Certificate of Service (Attachments: # 1 Certificate of Service)(GORBEY, JACQUELINE) (Entered: 11/14/2012)
361 MOTION to Amend/Correct 355 Order on Motion to Amend/Correct, October 25, 2012 Order filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service.(KATCHEN, KATHERINE) (Entered: 11/19/2012)
362 ORDER THAT ALLSTATE'S UNOPPOSED MOTION TO CORRECT THE COURT'S 10/25/2012 ORDER IS GRANTED. THIS COURT'S 10/25/2012 ORDER IS HEREBY REVISED BY REPLACING 11/19/2011 WITH 11/19/2001 IN FOOTNOTE 1. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/20/12.11/21/12 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 11/21/2012)
363 ORDER THAT UPON CONSIDERATION OF THE MOTION BY PLAINTIFFS FOR SANCTIONS, TO COMPEL DEPOSITION TESTIMONY OF DEFENDANTS ALLSTATE INSURANCE COMPANY AND THE ALLSTATE CORPORATION, IT IS HEREBY ORDERED THAT ALLSTATE SHALL PRODUCE A PROPERLY−PREPARED WITNESS OR WITNESSES TO TESTIFY. ALLSTATE SHALL RE−PRODUCE EITHER MR. BARRY HUTTON OR ANOTHER ALLSTATE RULE 30(b)(6) CORPORATE DESIGNEE OR DESIGNEES TO TESTIFY. THE WITNESSES DESIGNATED BY ALLSTATE AS TO THE FOREGOING TOPICS SHALL CONCISELY AND DIRECTLY ANSWER THE QUESTIONS POSED. THE TESTIMONY GIVEN AT THESE RE−DEPOSITIONS, TOGETHER WITH ALL PRIOR RULE 30(b)(6), SHALL BE DEEMED TO REFLECT THE FULL EXTENT OF THE INFORMATION. THE RE−DEPOSITIONS SHALL BE SCHEDULED AT A MUTUALLY CONVENIENT DATE AND TIME. PLAINTIFFS' REQUEST FOR COTS AND ATTORNEYS' FEES IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/20/12. 12/21/12 ENTERED AND COPIES E−MAILED.(ti, ) (Main Document 363 replaced on 12/21/2012) (ti, ). (Entered: 12/21/2012)
364 ORDER THAT UPON CONSIDERATION OF THE MOTION FOR A SPOLIATION INFERENCE, THE RESPONSE AND PLAINTIFFS' REPLY BRIEF, IT IS HEREBY ORDERED THAT THE MOTION IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/9/13.1/9/13 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 01/09/2013)
365 STIPULATION and Proposed Amended Scheduling Order by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, EEOC, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (GORBEY, JACQUELINE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 1/25/2013 (nd, ). (Entered: 01/24/2013)
366 STIPULATION AND AMENDED SCHEDULING ORDER SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/28/13. 1/28/13 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 01/28/2013)
367 ORDER THAT THE MOTION TO COMPEL PLAINTIFF RICHARD CARRIER'S DEPOSITION TESTIMONY (DOCKET NUMBER 136 IN CIVIL ACTION 01−6764) IS GRANTED IN PART AS SET FORTH IN THIS COURT'S 6/5/2012

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ORDER FILED AS DOCKET NUMBER 309 OF CIVIL ACTION NO. 01−3894. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/27/13. 3/28/13 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 03/28/2013)
368 NOTICE to Withdraw as Attorney Drew G.A. Peel filed by ALLSTATE INSURANCE COMPANY, Certificate of Service.(PEEL, DREW) Modified on 4/3/2013 (nd). (Entered: 04/02/2013)
369 MOTION for Summary Judgment on the EEOC's Complaint filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 04/08/2013)
370 MOTION for Summary Judgment on the Validity and Enforceability of the Release filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 04/08/2013)
371 MOTION for Summary Judgment filed by EDWARD M. LIDDY.. (Attachments: # 1 Text of Proposed Order Proposed Order)(COGNATO, CHRISTOPHER) (Entered: 04/08/2013)
372 Declaration re 369 MOTION for Summary Judgment on the EEOC's Complaint, 370 MOTION for Summary Judgment on the Validity and Enforceability of the Release [Declaration of Jordan M. Heinz] by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit 1 (Sealed), # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4 (Sealed), # 5 Exhibit 5 (Sealed), # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10 (Sealed), # 11 Exhibit 11 (Sealed), # 12 Exhibit 12 (Sealed), # 13 Exhibit 13 (Sealed), # 14 Exhibit 14, # 15 Exhibit 15 (Sealed), # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23 (Sealed), # 24 Exhibit 24 (Sealed), # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28 (Sealed), # 29 Exhibit 29 (Sealed), # 30 Exhibit 30 (Sealed), # 31 Exhibit 31 (Sealed), # 32 Exhibit 32 (Sealed), # 33 Exhibit 33 (Sealed), # 34 Exhibit 34, # 35 Exhibit 35 (Sealed), # 36 Exhibit 36 (Sealed), # 37 Exhibit 37 (Part 1), # 38 Exhibit 37 (part 2), # 39 Exhibit 38 (Sealed), # 40 Exhibit 39, # 41 Exhibit 40 (Sealed), # 42 Exhibit 41 (Sealed), # 43 Exhibit 42 (Sealed), # 44 Exhibit 43, # 45 Exhibit 44 (Sealed), # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50 (Sealed), # 52 Exhibit 51, # 53 Exhibit 52, # 54 Exhibit 53, # 55 Exhibit 54, # 56 Exhibit 55, # 57 Exhibit 56, # 58 Exhibit 57, # 59 Exhibit 58, # 60 Exhibit 59, # 61 Exhibit 60 (Sealed), # 62 Exhibit 61 (Sealed), # 63 Exhibit 62, # 64 Exhibit 63 (Sealed), # 65 Exhibit 64 (Sealed), # 66 Exhibit 65 (Sealed), # 67 Exhibit 66 (Sealed), # 68 Exhibit 67 (Sealed), # 69 Exhibit 68 (Sealed), # 70 Exhibit 69 (Sealed), # 71 Exhibit 70 (Sealed), # 72 Exhibit 71 (Sealed), # 73 Exhibit 72 (Sealed), # 74 Exhibit 73 (Sealed), # 75 Exhibit 74 (Sealed), # 76 Exhibit 75 (Sealed), # 77 Exhibit 76 (Sealed), # 78 Exhibit 77 (Sealed), # 79 Exhibit 78 (Sealed), # 80 Exhibit 79, # 81 Exhibit 80, # 82 Exhibit 81 (Sealed), # 83 Exhibit 82, # 84 Exhibit 83, # 85 Exhibit 84, # 86 Exhibit 85, # 87 Exhibit 86, # 88 Exhibit 87, # 89 Exhibit 88, # 90 Exhibit 89, # 91 Exhibit 90, # 92 Exhibit 91, # 93 Exhibit 92, # 94 Exhibit 93, # 95 Exhibit 94, # 96 Exhibit 95, # 97 Exhibit 96, # 98 Exhibit 97, # 99 Exhibit 98, # 100 Exhibit 99 (Sealed), # 101 Exhibit 100, # 102 Exhibit 101, # 103 Exhibit 102, # 104 Exhibit 103, # 105 Exhibit 104, # 106 Exhibit 105, # 107 Exhibit 106, # 108 Exhibit 107, # 109 Exhibit 108, # 110 Exhibit 109, # 111 Exhibit 110, # 112 Exhibit 111, # 113 Exhibit 112, # 114 Exhibit 113, # 115 Exhibit 114, # 116 Exhibit 115, # 117 Exhibit 116, # 118 Exhibit 117, # 119 Exhibit 118, # 120 Exhibit 119, # 121 Exhibit 120, # 122 Exhibit 121, # 123 Exhibit 122, # 124 Exhibit 123, # 125 Exhibit 124, # 126 Exhibit 125 (Sealed), # 127 Exhibit 126 (Sealed), # 128 Exhibit 127 (Sealed), # 129 Exhibit 128 (Sealed), # 130 Exhibit 129 (Sealed), # 131 Exhibit 130 (Sealed), # 132 Exhibit 131 (Sealed), # 133 Exhibit 132 (Sealed), # 134 Exhibit 133 (Sealed), # 135 Exhibit 134 (Sealed), # 136 Exhibit 135 (Sealed), # 137 Exhibit 136 (Sealed), # 138 Exhibit 137 (Sealed), # 139 Exhibit 138 (Sealed), # 140 Exhibit 139 (Sealed), # 141 Exhibit 140 (Sealed), # 142 Exhibit 141 (Sealed), # 143 Exhibit 142 (Sealed), # 144 Exhibit 143 (Sealed), # 145 Exhibit 144 (Sealed), # 146 Exhibit 145 (Sealed), # 147 Exhibit 146 (Sealed), # 148 Exhibit 147 (Sealed), # 149 Exhibit 148 (Sealed), # 150 Exhibit 149 (Sealed), # 151

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Exhibit 150 (Sealed), # 152 Exhibit 151 (Sealed), # 153 Exhibit 152 (Sealed), # 154 Exhibit 153 (Sealed), # 155 Exhibit 154 (Sealed), # 156 Exhibit 155 (Sealed), # 157 Exhibit 156 (Sealed), # 158 Exhibit 157, # 159 Exhibit 158, # 160 Exhibit 159, # 161 Exhibit 160 (Sealed), # 162 Exhibit 161, # 163 Exhibit 162, # 164 Exhibit 163 (Sealed), # 165 Exhibit 164, # 166 Exhibit 165 (Sealed), # 167 Exhibit 166 (Sealed), # 168 Exhibit 167, # 169 Exhibit 168, # 170 Exhibit 169, # 171 Exhibit 170, # 172 Exhibit 171 (Sealed), # 173 Exhibit 172 (Sealed), # 174 Exhibit 173, # 175 Exhibit 174 (Sealed), # 176 Exhibit 175 (Sealed), # 177 Exhibit 176, # 178 Exhibit 177, # 179 Exhibit 178 (Sealed), # 180 Exhibit 179, # 181 Exhibit 180, # 182 Statement of Undisputed Facts (SEALED))(HEINZ, JORDAN) (Entered: 04/08/2013)
373 MOTION for Summary Judgment on the Release filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law, # 3 Statement of Undisputed Facts, # 4 Declaration of Coleen M. Meehan, # 5 Certificate of Service, # 6 Exhibit 1, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 38, # 39 Exhibit 62, # 40 Exhibit 64, # 41 Exhibit 67, # 42 Exhibit 68, # 43 Exhibit 86, # 44 Exhibit 88, # 45 Exhibit 89, # 46 Exhibit 92, # 47 Exhibit 95, # 48 Exhibit 104, # 49 Exhibit 162, # 50 Exhibit 163, # 51 Exhibit 169, # 52 Exhibit 170, # 53 Exhibit 171, # 54 Exhibit 172, # 55 Exhibit 179, # 56 Exhibit 190, # 57 Exhibit 208, # 58 Exhibit 233, # 59 Exhibit 237, # 60 Exhibit 239, # 61 Exhibit 257, # 62 Exhibit 261, # 63 Sealed Exhibits)(MEEHAN, COLEEN) (Entered: 04/08/2013)
374 STATEMENT OF UNDISPUTED Facts in Support of its MOTION 370 for Summary Judgment on the Validity and Enforceability of the Release, Exhibits and Certificate of Service filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 04/09/2013)
375 Statement Plaintiffs' Amended Statement of Undisputed Facts in Support of their Motion for Summary Judgment on the Release (Sealed) by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Certificate of Service, # 2 Corrected Exhibit 157 (Sealed), # 3 Corrected Exhibit 204 (Sealed))(MEEHAN, COLEEN) (Entered: 04/09/2013)
376 Praecipe to Substitute Exhibit 151 to Declaration of Jordan M. Heinz in Support of Allstate's Motion for Summary Judgment on the Validity and Enforceability of the Release and its Motion for Summary Judgment on the EEOC's Complaint by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 04/09/2013)

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377 MEMORANDUM of Law in Support of MOTION 373 for Summary Judgment on the Release filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 04/10/2013)
378 SUBSTITUTE COPY OF EXHIBIT 151 to 372 Declaration of Jordan M. Heinz in Support of MOTION for Summary Judgment on the Validity and Enforceability of the Release and its MOTION for Summary Judgment on the EEOC's Complaint by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL)(ti, ) Modified on 4/10/2013 (ti, ). (Entered: 04/10/2013)
379 NOTICE by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION Notice of Firm Name Change (KATCHEN, KATHERINE) (Entered: 04/15/2013)
380 NOTICE of Withdrawal of Appearance of Michael J Wilson filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Certificate of Service.(LIEDER, MICHAEL) Modified on 4/16/2013 (md). (Entered: 04/15/2013)
381 Statement Plaintiffs' Second Amended Statement of Undisputed Facts in Support of Their Motion for Summary Judgment on the Release filed under seal by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Certificate of Service, # 2 Declaration Amended Declaration of Coleen M. Meehan, # 3 Exhibit Amended Exhibit 208, # 4 Exhibit Amended Exhibits 23, 52, 60, 84, 90, 98, 178, 181, 183, 185 and 234 filed under seal)(MEEHAN, COLEEN) (Entered: 05/03/2013)
382 Second Amended Statement of Undisputed Facts in Support of MOTION 373 MOTION for Summary Judgment on the Release filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, EDWARD M. LIDDY, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (ti, ) (FILED UNDER SEAL) Modified on 5/6/2013 (ti, ). (Entered: 05/06/2013)
383 AMENDED EXHIBIT 23 to Coleen Meehan's Amended Declaration in Support of MOTION for Summary Judgment dated 4/8/2013 by JOSEPH L. BENOIT, JAMES T.

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BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 05/06/2013)
384 AMENDED EXHIBIT 52 to Coleen Meehan's Amended Declaration in Support of MOTION for Summary Judgment dated 4/8/2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 05/06/2013)
385 AMENDED EXHIBIT 60 to Coleen Meehan's Amended Declaration in Support of MOTION for Summary Judgment dated 4/8/2013 by JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 05/06/2013)
386 Amended Exhibit 84 to Coleen Meehan's Amended Declaration in Support of MOTION for Summary Judgment dated 4/8/2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 05/06/2013)
387 Amended Exhibit 90 to Coleen Meehan's Amended Declaration in Support of MOTION for Summary Judgment dated 4/8/2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 05/06/2013)
388 Amended Exhibit 98 to Coleen Meehan's Amended Declaration in Support of MOTION for Summary Judgment dated 4/8/2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L.

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SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 05/06/2013)
389 Amended Exhibit 178 to Coleen Meehan's Amended Declaration in Support of MOTION for Summary Judgment dated 4/8/2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) Modified on 5/6/2013 (ti, ). (Entered: 05/06/2013)
390 Amended Exhibit 181 to Coleen Meehan's Amended Declaration in Support of MOTION for Summary Judgment dated 4/8/2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 05/06/2013)
391 Amended Exhibit 183 to Coleen Meehan's Amended Declaration in Support of MOTION for Summary Judgment dated 4/8/2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 05/06/2013)
392 Amended Exhibit 185 to Coleen Meehan's Amended Declaration in Support of MOTION for Summary Judgment dated 4/8/2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 05/06/2013)
393 Amended Exhibit 234 to Coleen Meehan's Amended Declaration in Support of MOTION for Summary Judgment dated 4/8/2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 05/06/2013)

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394 STIPULATION AND [PROPOSED] AMENDMENT TO JANUARY 28, 2013 SCHEDULING ORDER AND FOR EXTENSION OF TIME by ALLSTATE INSURANCE COMPANY. (HEINZ, JORDAN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 5/16/2013 (nd, ). (Entered: 05/16/2013)
395 STIPULATION AND ORDER THAT THE DEADLINE FOR THE PARTIES TO FILE BRIEFS AND SUPPORTING DOCUMENTS RESPONDING TO MOTIONS FOR SUMMARY JUDGMENT ON RELEASE−RELATED ISSUES SHALL BE, AND IS HEREBY, EXTENDED TO 6/11/2013, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/17/13. 5/21/13 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 05/21/2013)
396 MOTION to Strike Declarations Submitted in Support of Plaintiffs' Motion for Partial Summary Judgment filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum Memorandum, # 2 Exhibit Attachment A, # 3 Exhibit Attachment B, # 4 Exhibit Attachment C, # 5 Exhibit Attachment D, # 6 Text of Proposed Order Text of Proposed Order)(ZOLNER, ERICA) (Entered: 06/11/2013)
397 RESPONSE in Opposition re 373 MOTION for Summary Judgment on the Release filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 06/11/2013)
398 RESPONSE in Opposition re 370 MOTION for Summary Judgment on the Validity and Enforceability of the Release, 371 MOTION for Summary Judgment filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Plaintifs' Responses and Objections to the Allstate Defendants' Statement of Undisputed Facts (filed under seal), # 2 Declaration of Coleen M. Meehan, Esq. in Opposition to Defendants' Motion for Summary Judgment on the Release, # 3 Certificate of Service, # 4 Exhibits 279−282, 287, 288, 290−295, 324−358, 360−363, 365−374, 376−410, 412 and 413 (filed under seal), # 5 Exhibit 277, # 6 Exhibit 278, # 7 Exhibit 283, # 8 Exhibit 284, # 9 Exhibit 285, # 10 Exhibit 286, # 11 Exhibit 289, # 12 Exhibit 296, # 13 Exhibit 297, # 14 Exhibit 298, # 15 Exhibit 299, # 16 Exhibit 300, # 17 Exhibit 301, # 18 Exhibit 302, # 19 Exhibit 303, # 20 Exhibit 304, # 21 Exhibit 305, # 22 Exhibit 306, # 23 Exhibit 307, # 24 Exhibit 308, # 25 Exhibit 309, # 26 Exhibit 310, # 27 Exhibit 311, # 28 Exhibit 312, # 29 Exhibit 313, # 30 Exhibit 314, # 31 Exhibit 315, # 32 Exhibit 316, # 33 Exhibit 317, # 34 Exhibit 318, # 35 Exhibit 319, # 36 Exhibit 320, # 37 Exhibit 321, # 38 Exhibit 322, # 39 Exhibit 323, # 40 Exhibit 359, # 41 Exhibit 364, # 42 Exhibit 375, # 43 Exhibit 411)(MEEHAN, COLEEN) (Entered: 06/11/2013)
399 Declaration re 382 Memorandum,, Zolner Declaration in Support of Allstate's Opposition to Plaintiffs' Motion for Partial Summary Judgment on Release by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Sealed), # 3 Exhibit 3 (Sealed), # 4 Exhibit 4 (Sealed), # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20 (Sealed), # 21 Exhibit 21, # 22 Exhibit 22 (Sealed), # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30 (Sealed), # 31 Exhibit 31 (Sealed), # 32 Exhibit 32 (Sealed), # 33 Exhibit 33, # 34 Exhibit 34 (Sealed), # 35 Exhibit 35 (Sealed), # 36 Exhibit 36, # 37 Exhibit 37 (Sealed), # 38 Exhibit 38 (Sealed), # 39 Exhibit 39, # 40 Exhibit 40 (Sealed), # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43 (Sealed), # 44 Exhibit 44, # 45 Exhibit 45

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(Sealed), # 46 Exhibit 46 (Sealed), # 47 Exhibit 47 (Sealed), # 48 Exhibit 48, # 49 Exhibit 49 (Sealed), # 50 Exhibit 50 (Sealed), # 51 Exhibit 51 (Sealed), # 52 Exhibit 52 (Sealed), # 53 Exhibit 53 (Sealed), # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58 (Sealed), # 59 Exhibit 59 (Sealed), # 60 Exhibit 60, # 61 Exhibit 61 (Sealed), # 62 Exhibit 62, # 63 Exhibit 63 (Sealed), # 64 Exhibit 64 (Sealed), # 65 Exhibit 65, # 66 Exhibit 66 (Sealed), # 67 Exhibit 67 (Sealed), # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75, # 76 Exhibit 76, # 77 Exhibit 77, # 78 Exhibit 78, # 79 Exhibit 79, # 80 Exhibit 80, # 81 Exhibit 81, # 82 Exhibit 82, # 83 Exhibit 83, # 84 Exhibit 84 (Sealed), # 85 Exhibit 85 (Sealed), # 86 Exhibit 86 (Sealed), # 87 Exhibit 87 (Sealed), # 88 Exhibit 88 (Sealed), # 89 Exhibit 89 (Sealed), # 90 Exhibit 90 (Sealed), # 91 Exhibit 91 (Sealed), # 92 Exhibit 92 (Sealed), # 93 Exhibit 93 (Sealed), # 94 Exhibit 94, # 95 Exhibit 95 (Sealed), # 96 Exhibit 96 (Sealed), # 97 Exhibit 97 (Sealed), # 98 Exhibit 98 (Sealed), # 99 Exhibit 99 (Sealed), # 100 Exhibit 100 (Sealed), # 101 Exhibit 101 (Sealed), # 102 Exhibit 102 (Sealed), # 103 Exhibit 103 (Sealed), # 104 Exhibit 104, # 105 Exhibit 105, # 106 Exhibit 106, # 107 Exhibit 107, # 108 Exhibit 108, # 109 Exhibit 109, # 110 Exhibit 110 (Sealed), # 111 Exhibit 111, # 112 Exhibit 112, # 113 Exhibit 113, # 114 Exhibit 114 (Sealed), # 115 Exhibit 115 (Sealed), # 116 Exhibit 116 (Sealed), # 117 Exhibit 117 (Sealed), # 118 Exhibit 118 (Sealed), # 119 Exhibit 119 (Sealed), # 120 Exhibit 120 (Sealed), # 121 Exhibit 121, # 122 Exhibit 122, # 123 Exhibit 123, # 124 Exhibit 124, # 125 Exhibit 125, # 126 Exhibit 126, # 127 Exhibit 127 (Sealed), # 128 Exhibit 128, # 129 Exhibit 129, # 130 Exhibit 130 (Sealed), # 131 Exhibit 131, # 132 Exhibit 132, # 133 Exhibit 133, # 134 Exhibit 134, # 135 Exhibit 135 (Sealed), # 136 Exhibit 136 (Sealed), # 137 Exhibit 137 (Sealed), # 138 Exhibit 138 (Sealed), # 139 Exhibit 139 (Sealed), # 140 Exhibit 140 (Sealed), # 141 Exhibit 141, # 142 Exhibit 142, # 143 Exhibit 143 (Sealed), # 144 Exhibit 144, # 145 Exhibit 145, # 146 Exhibit 146 (Sealed), # 147 Exhibit 147, # 148 Exhibit 148 (Sealed), # 149 Exhibit 149, # 150 Exhibit 150, # 151 Exhibit 151 (Sealed), # 152 Exhibit 152, # 153 Exhibit 153 (Sealed), # 154 Exhibit 154, # 155 Exhibit 155, # 156 Exhibit 156 (Sealed), # 157 Exhibit 157, # 158 Exhibit 158 (Sealed), # 159 Exhibit 159 (Sealed), # 160 Exhibit 160 (Sealed), # 161 Exhibit 161 (Sealed), # 162 Exhibit 162 (Sealed), # 163 Exhibit 163 (Sealed), # 164 Exhibit 164, # 165 Exhibit 165, # 166 Exhibit 166, # 167 Exhibit 167, # 168 Exhibit 168, # 169 Exhibit 169 (Sealed), # 170 Exhibit 170 (Sealed), # 171 Exhibit 171 (Sealed), # 172 Exhibit 172 (Sealed), # 173 Exhibit 173 (Sealed), # 174 Exhibit 174, # 175 Exhibit 175 (Sealed), # 176 Exhibit 176 (Sealed), # 177 Exhibit 177 (Sealed), # 178 Exhibit 178 (Sealed), # 179 Exhibit 179 (Sealed), # 180 Exhibit 180, # 181 Exhibit 181, # 182 Errata 182 (Sealed), # 183 Exhibit 183, # 184 Exhibit 184 (Sealed), # 185 Exhibit 185 (Sealed), # 186 Exhibit 186, # 187 Exhibit 187, # 188 Exhibit 188, # 189 Exhibit 189, # 190 Exhibit 190 (Sealed), # 191 Exhibit 191 (Sealed), # 192 Exhibit 192 (Sealed), # 193 Exhibit 193 (Sealed), # 194 Errata 194 (Sealed), # 195 Exhibit 195 (Sealed), # 196 Exhibit 196 (Sealed), # 197 Exhibit 197 (Sealed), # 198 Exhibit 198 (Sealed), # 199 Exhibit 199 (Sealed), # 200 Exhibit 200 (Sealed), # 201 Exhibit 201 (Sealed), # 202 Exhibit 202 (Sealed), # 203 Exhibit 203 (Sealed), # 204 Exhibit 204 (Sealed), # 205 Exhibit 205 (Sealed), # 206 Exhibit 206 (Sealed), # 207 Exhibit 207 (Sealed), # 208 Exhibit 208 (Sealed), # 209 Exhibit 209 (Sealed), # 210 Exhibit 210 (Sealed), # 211 Exhibit 211 (Sealed), # 212 Exhibit 212 (Sealed), # 213 Exhibit 213 (Sealed), # 214 Exhibit 214 (Sealed), # 215 Exhibit 215 (Sealed), # 216 Exhibit 216 (Sealed), # 217 Exhibit 217 (part 1), # 218 Exhibit 217 (part 2), # 219 Exhibit 217 (part3), # 220 Exhibit 218, # 221 Exhibit 219 (Sealed), # 222 Exhibit 220 (Sealed), # 223 Exhibit 221 (Sealed), # 224 Exhibit 222, # 225 Exhibit 223 (Sealed), # 226 Exhibit 224 (Sealed), # 227 Exhibit 225, # 228 Exhibit 226, # 229 Exhibit 227, # 230 Exhibit 228 (Sealed), # 231 Exhibit 229 (Sealed), # 232 Exhibit 230, # 233 Exhibit 231, # 234 Exhibit 232 (Sealed), # 235 Exhibit 233 (Sealed), # 236 Exhibit 234 (Sealed), # 237 Exhibit 235 (Sealed), # 238 Exhibit 236, # 239 Exhibit 237 (Sealed), # 240 Exhibit 238, # 241 Errata 239, # 242 Exhibit 240, # 243 Exhibit 241 (Sealed), # 244 Exhibit 242 (Sealed), # 245 Exhibit 243, # 246 Exhibit 244, # 247 Exhibit 245 (Sealed), # 248 Exhibit 246 (Sealed), # 249 Exhibit 247 (Sealed), # 250 Exhibit 248 (Sealed), # 251 Exhibit 249 (Sealed), # 252 Exhibit 250 (Sealed), # 253 Exhibit 251 (Sealed), # 254 Exhibit 252 (Sealed), # 255 Exhibit 253 (Sealed), # 256 Exhibit 254 (Sealed), # 257 Exhibit 255 (Sealed), # 258 Exhibit 256 (Sealed), # 259 Exhibit 257, # 260 Exhibit 258 (Sealed), # 261 Exhibit 259, # 262 Exhibit 260, # 263 Exhibit 261 (Sealed), # 264 Exhibit 262, # 265 Exhibit 263 (Sealed), # 266 Exhibit 264, # 267 Exhibit 265, # 268 Exhibit 266, # 269 Exhibit 267,

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# 270 Responses to Statement of Facts)(ZOLNER, ERICA) (Entered: 06/11/2013)
400 RESPONSE in Opposition re 373 MOTION for Summary Judgment on the Release filed by EDWARD M. LIDDY. (Attachments: # 1 Text of Proposed Order)(COGNATO, CHRISTOPHER) (Entered: 06/11/2013)
401 Memorandum in Opposition to Allstate's MOTION for Summary Judgment on EEOC's Complaint by EEOC. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
402 Responses to Plaintiffs' Second Amended Statement of Undisputed Facts in Support of their MOTION for Summary Judgment on the Release by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
403 EXHIBITS to the Declaration of ERICA B. ZOLNER in Support of Opposition to Plaintiffs' MOTION for Partial Summary Judgment on the Release by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
404 Memorandum of Law in Opposition to MOTION 370 for Summary Judgment on the Validity and Enforceability of the Release filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
405 Responses and Objections to Statement of Undisputed Facts by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
406 EXHIBITS 279−282 to Declaration of Coleen M. Meehan, Esq. in Opposition to MOTION for Summary Judgment on the Release dated June 11, 2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
407 EXHIBITS 287 to Declaration of Coleen M. Meehan, Esq. in Opposition to MOTION for Summary Judgment on the Release dated June 11, 2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W.

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WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
408 EXHIBITS 288 to Declaration of Coleen M. Meehan, Esq. in Opposition to MOTION for Summary Judgment on the Release dated June 11, 2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
409 EXHIBITS 290−295 to Declaration of Coleen M. Meehan, Esq. in Opposition to MOTION for Summary Judgment on the Release dated June 11, 2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
410 EXHIBITS 324−358 to Declaration of Coleen M. Meehan, Esq. in Opposition to MOTION for Summary Judgment on the Release dated June 11, 2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
411 EXHIBITS 360−363 to Declaration of Coleen M. Meehan, Esq. in Opposition to MOTION for Summary Judgment on the Release dated June 11, 2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
412 EXHIBITS 365−374 to Declaration of Coleen M. Meehan, Esq. in Opposition to MOTION for Summary Judgment on the Release dated June 11, 2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered:

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06/12/2013)
413 EXHIBITS 376−410 to Declaration of Coleen M. Meehan, Esq. in Opposition to MOTION for Summary Judgment on the Release dated June 11, 2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
414 EXHIBITS 412 to Declaration of Coleen M. Meehan, Esq. in Opposition to MOTION for Summary Judgment on the Release dated June 11, 2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
415 EXHIBITS 413 to Declaration of Coleen M. Meehan, Esq. in Opposition to MOTION for Summary Judgment on the Release dated June 11, 2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 06/12/2013)
416 STIPULATION re 396 MOTION to Strike Declarations Submitted in Support of Plaintiffs' Motion for Partial Summary Judgment for Extension of Time by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (MEEHAN, COLEEN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 6/17/2013 (nd, ). (Entered: 06/17/2013)
417 STIPULATION AND ORDER THAT PLAINTIFFS SHALL HAVE FORTY−FIVE (45) DAYS FROM SERVICE OF ALLSTATE'S MOTION TO STRIKE TO FILE AND SERVE THEIR OPPOSITION IN RESPONSE THERETO. ALL SHALL HAVE TWENTY−ONE (21) DAYS FROM SERVICE OF PLAINTIFFS' RESPONSE TO ALLSTATE'S MOTION TO STRIKE TO FILE AND SERVE A REPLY THERETO. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/24/13. 6/25/13 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) Modified on 6/25/2013 (ti, ). (Entered: 06/25/2013)

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07/02/2013 07/02/2013
07/03/2013 07/03/2013

418 RESPONSE in Opposition re 370 MOTION for Summary Judgment on the Validity and Enforceability of the Release, 371 MOTION for Summary Judgment Plaintiffs' Amended Memorandum of Law in Opposition to Defendants' Motions for Summary Judgment on the Validity and Enforceability of the Release (filed under seal) filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (MEEHAN, COLEEN) (Entered: 07/02/2013)
419 Declaration re 373 MOTION for Summary Judgment on the Release Second Amended Declaration of Coleen M. Meehan, Esq. in Further Support of Plaintiffs' Statement in Support of Their Motion for Summary Judgment on the Release by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Amended Ehibit 1, # 2 Amended Exhibit 3, # 3 Amended Exhibit 4, # 4 Amended Exhibit 5, # 5 Amended Exhibit 6, # 6 Amended Exhibit 7, # 7 Amended Exhibit 8, # 8 Amended Exhibit 9, # 9 Amended Exhibit 10, # 10 Amended Exhibit 12, # 11 Amended Exhibit 13, # 12 Amended Exhibit 14, # 13 Amended Exhibit 15, # 14 Amended Exhibit 16, # 15 Amended Exhibit 17, # 16 Amended Exhibit 18, # 17 Amended Exhibit 19, # 18 Amended Exhibit 20, # 19 Amended Exhibit 21, # 20 Amended Exhibit 22, # 21 Amended Exhibit 24, # 22 Amended Exhibit 25, # 23 Amended Exhibit 26, # 24 Amended Exhibit 28, # 25 Amended Exhibit 29, # 26 Amended Exhibit 30, # 27 Amended Exhibit 31, # 28 Amended Exhibit 32, # 29 Amended Exhibit 33, # 30 Amended Exhibit 261, # 31 Amended Exhibit 59 (Sealed))(MEEHAN, COLEEN) (Entered: 07/02/2013)
420 Amended EXHIBIT 59 to Coleen M. Meehan's Second Amended Declaration in Support of MOTION for Summary Judgment dated July 2, 2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 07/03/2013)
421 Amended Memorandum of Law in Opposition to 370 MOTION for Summary Judgment on the Validity and Enforceability of the Release filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered:

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07/08/2013
07/09/2013 07/09/2013 07/09/2013 07/26/2013
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07/03/2013)
422 RESPONSE in Opposition re 396 MOTION to Strike Declarations Submitted in Support of Plaintiffs' Motion for Partial Summary Judgment Plaintiffs' Memorandum of Law (Filed Under Seal) filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibit 2, # 4 Exhibit 50, # 5 Exhibit Nos. 1, 3−49, 51−63 (Filed Under Seal))(MEEHAN, COLEEN) (Entered: 07/08/2013)
423 PLAINTIFFS' MEMO OF LAW IN OPPOSITION TO ALLSTATE'S MOTION TO STRIKE DECLARATIONS SUBMITTED IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT. (FILED UNDER SEAL) (kk, ) (Entered: 07/10/2013)
424 EXHIBITS NOS. 1, 3−24 TO DECLARATION OF COLLEEN M. MEEHAN, ESQ. IN OPPOSITION TO ALLSTATE'S MOTION TO STRIKE DECLARATIONS SUBMITTED IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE RELEASE FILED BY THE PLAINTIFFS. (FILED UNDER SEAL)(kk, ) Modified on 7/11/2013 (ti, ). (Entered: 07/10/2013)
425 EXHIBITS NOS. 25−49, AND 51−63 TO DECLARATION OF COLLEEN M. MEEHAN, ESQ. IN OPPOSITION TO ALLSTATE'S MOTION TO STRIKE DECLARATIONS SUBMITTED IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE RELEASE FILED BY THE PLAINTIFFS. (FILED UNDER SEAL)(kk, ) (Entered: 07/10/2013)
426 RESPONSE in Support re 373 MOTION for Summary Judgment on the Release (Filed Under Seal) filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Plaintiffs' Reply in Support of Their Statement of Facts and in Opposition to Allstate's Response to Plaintiffs' Statement (Sealed), # 2 Certificate of Service, # 3 Supplemental Declaration of Coleen M. Meehan, Esq., # 4 Exhibit 152, # 5 Exhibit 485, # 6 Exhibits 414 through 484 and Exhibit 486 (Sealed), # 7 Amended Exhibit 153 (Sealed))(MEEHAN, COLEEN) (Entered: 07/26/2013)
427 REPLY in Support re 396 MOTION to Strike Declarations Submitted in Support of Plaintiffs' Motion for Partial Summary Judgment filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (HEINZ, JORDAN) Modified on 7/30/2013 (lisad, ). (Entered: 07/29/2013)
428 REPLY in Support re 369 MOTION for Summary Judgment on the EEOC's Complaint filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (HEINZ, JORDAN) Modified on 7/30/2013 (lisad, ). (Entered: 07/29/2013)
429 REPLY in Support re 370 MOTION for Summary Judgment on the Validity and Enforceability of the Release filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (Attachments: # 1 Declaration of Scott

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07/29/2013 07/29/2013
07/29/2013
07/29/2013
07/29/2013 07/29/2013
07/29/2013

Proctor)(HEINZ, JORDAN) Modified on 7/30/2013 (lisad, ). (Entered: 07/29/2013)
430 REPLY in Support re 371 MOTION for Summary Judgment filed by EDWARD M. LIDDY. Certificate of Service. (COGNATO, CHRISTOPHER) Modified on 7/30/2013 (lisad, ). (Entered: 07/29/2013)
431 Declaration re 428 Reply to Response to Motion, 429 Reply to Response to Motion, on the EEOC's Complaint and on the Validity and Enforceability of the Release by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit 181 (Sealed), # 2 Exhibit 182, # 3 Exhibit 183, # 4 Exhibit 184 (Sealed), # 5 Exhibit 185 (Sealed), # 6 Exhibit 186, # 7 Exhibit 187, # 8 Exhibit 188, # 9 Exhibit 189, # 10 Exhibit 190, # 11 Exhibit 191, # 12 Exhibit 192, # 13 Exhibit 193 (Sealed), # 14 Exhibit 194 (Sealed), # 15 Exhibit 195 (Sealed), # 16 Exhibit 196, # 17 Exhibit 197, # 18 Exhibit 198, # 19 Exhibit 199, # 20 Exhibit 200, # 21 Exhibit 201, # 22 Exhibit 202 (Sealed), # 23 Exhibit 203 (Sealed), # 24 Exhibit 204, # 25 Exhibit 205 (Sealed), # 26 Exhibit 206 (Sealed), # 27 Exhibit 207 (Sealed), # 28 Exhibit 208, # 29 Reply to Statement of Facts (SEALED))(HEINZ, JORDAN) (Entered: 07/29/2013)
432 REPLY in Support of Statement of Facts and Opposition to Allstate's Response to Plaintiff's Statement by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 07/30/2013)
433 REPLY in Support of MOTION for Partial Summary Judgment on the Release and in Reply to Defendants' Opposition filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 07/30/2013)
434 Amended EXHIBIT 153 to Coleen M. Meehan's Supplemental Declaration in Support of MOTION for Summary Judgment Dated 7/26/2013. (FILED UNDER SEAL)(ti, ) (Entered: 07/30/2013)
435 EXHIBITS to Coleen M. Meehan's Supplemental Declaration in Support of MOTION for Summary Judgment Dated 7/26/2013 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 07/30/2013)
436 REPLY to Responses and Objections to Allstate's Statement of Undisputed Facts by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 07/30/2013)

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437 Memorandum in Support of MOTION for Partial Summary Judgment as to Liability by EEOC. (FILED UNDER SEAL) (ti, ) (Entered: 07/30/2013)
438 RESPONSE in Support re 373 MOTION for Summary Judgment on the Release Plaintiffs' Amended Reply in Support of Their Motion for Partial Summary Judgment on the Release and in Response to Defendants' Opposition (Filed Under Seal) filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Certificate of Service)(MEEHAN, COLEEN) (Entered: 07/30/2013)
439 AMENDED REPLY in Support of MOTION for Partial Summary Judgment on the Release and Reply to Defendants' Opposition filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 07/31/2013)
440 RESPONSE in Support re 373 MOTION for Summary Judgment on the Release Plaintiffs' Amended Reply in Support of Their Statement of Facts and in Opposition to Allstate's Response to Plaintiffs' Statement (Filed Under Seal) filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Certificate of Service)(GORBEY, JACQUELINE) (Entered: 08/05/2013)
441 AMENDED REPLY in Support of Statement of Facts and in Opposition to ALLSTATE's Response to Plaintiff's Statement by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 08/06/2013)
442 Objections by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T.

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WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON re 429 Reply to Response to Motion, Plaintiffs' Objections to Declaration of Scott Proctor. (Attachments: # 1 Supplemental Declaration of Coleen M. Meehan, Esq. in Further Opposition to Allstate's Motion for Summary Judgment on the Validity and Enforceability of the Release and in Support of Plaintiffs' Objections to the Declaration of Scott Proctor, # 2 Exhibit 487 (Filed Under Seal), # 3 Exhibit 488 (Filed Under Seal))(MEEHAN, COLEEN) Modified on 8/8/2013 (md). (Entered: 08/07/2013)
443 EXHIBITS to Coleen M. Meehan's Supplemental Declaration by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 08/07/2013)
444 MOTION for Leave to File Sur−Reply Brief filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit A (Surreply Brief))(ERCOLE, BRIAN) (Entered: 08/16/2013)
445 Response re 442 Objections,,,, Allstate's Response to Plaintiffs' Objections to the Declaration of Scott Proctor by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Amended Declaration of Scott Proctor) (HEINZ, JORDAN) (Entered: 08/20/2013)
446 Declaration re 445 Response, Declaration of Jordan M. Heinz In Support of Allstate's Response to Plaintiffs' Objections to the Declaration of Scott Proctor by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit 1 (Composite Exhibit))(HEINZ, JORDAN) (Entered: 08/20/2013)
447 RESPONSE in Opposition re 444 MOTION for Leave to File Sur−Reply Brief Addressing the Part and Parcel Doctrine and in Opposition to Defendants' Motion for Summary Judgment on the Validity and Enforceability of the Release filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 08/20/2013)
448 EXHIBIT 181 to Declaration of Jordan M. Heinz in Support of Reply in Support of its MOTION for Summary Judgmet on the Validity and Enforceability of the Release and its MOTION for Summary Judgment on the EEOC's Complaint by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL)(ti, ) (Entered: 08/28/2013)
449 Praecipe to Substitute Exhibits 181 and 182 to Declaration of Jordan M. Heinz in Support of Allstate's Reply in Support of Its Motion for Summary Judgment on the Validity and Enforeceability of the Release and its Motion for Summary Judgment on the EEOC's Complaint by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit 181 (Sealed), # 2 Exhibit 182)(HEINZ, JORDAN) (Entered:

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 295 of 745

12/10/2013
12/10/2013
12/12/2013
12/19/2013 02/27/2014 02/27/2014 03/13/2014 03/13/2014 03/13/2014

08/28/2013)
450 ORDER THAT UPON CONSIDERATION OF THE MOTION BY PLAINTIFFS, FOR LEAVE TO FILE A SUR−REPLY BRIEF ADDRESSING THE PART AND PARCEL DOCTRINE AND IN OPPOSITION TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT ON THE VALIDITY AND ENFORCEABILITY OF THE RELEASE 444 , IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED AND THAT THE PROPOSED SUR−REPLY BRIEF ATTACHED AS EXHIBIT A TO PLAINTIFFS' MOTION SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/10/13.12/10/13 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) Modified on 12/10/2013 (ti, ). (Entered: 12/10/2013)
451 SUR−REPLY Brief Addressing the Part and Parcel Doctrine and in Opposition to Defendants' MOTION 370 for Summary Judgment on the Validity and Enforceability of the Release filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (ti, ) (Entered: 12/10/2013)
452 ORDER THAT UPON CONSIDERATION OF THE OBJECTIONS BY PLAINTIFFS GENE R. ROMERO, ET AL. TO THE DECLARATION OF SCOTT PROCTOR (DOCKET NO. 442) AND THE RESPONSE BY DEFENDANTS ALLSTATE INSURANCE COMPANY, ET AL. (DOCKET NO. 445), IT IS HEREBY ORDERED THAT THE OBJECTIONS ARE OVERRULED AND THAT THE COURT SHALL CONSIDER THE AMENDED DECLARATION OF SCOTT PROCTOR FOR PURPOSES OF THE PENDING SUMMARY JUDGMENT MOTIONS. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/12/13. 12/12/13 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) Modified on 12/12/2013 (ti, ). (Entered: 12/12/2013)
453 ORDER THAT DEFENDANT'S MOTION TO STRIKE (DOC. NO. 396) IS DENIED. ADDITIONAL INFORMATION CONTAINED HEREIN. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/19/2013. 12/19/2013 ENTERED AND COPIES MAILED AND E−MAILED. (aeg, ) (Entered: 12/19/2013)
454 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/27/14. 2/28/14 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) Modified on 2/28/2014 (ti, ). (Entered: 02/28/2014)
455 ORDER THAT PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT IS DENIED; ALLSTATE'S MOTION FOR SUMMARY JUDGMENT IS DENIED; AND DEFENDANT LIDDY'S MOTION FOR SUMMARY JUDGMENT IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/27/14. 2/28/14 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 02/28/2014)
456 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/13/14. 3/13/14 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 03/13/2014)
457 ORDER THAT THE EEOC'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 124 OF CIV. A. NO. 01−7042) IS DENIED. ALLSTATE'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 369 OF CIV. A. NO. 01−3894) IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF ALLSTATE AND AGAINST THE EEOC ON THE ENTIRETY OF THE EEOC'S AMENDED COMPLAINT (CIV. A. NO. 01−7042). CIVIL ACTION NUMBER 01−7042 IS CLOSED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/13/14. 3/13/14 ENTERED AND COPIES E−MAILED.(ti, ) (Entered: 03/13/2014)
458 MOTION for Clarification or, in the Alternative, for Reconsideration filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 296 of 745

03/14/2014 03/31/2014 03/31/2014
04/04/2014 04/07/2014 04/07/2014
04/29/2014

K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, Memorandum, Certificate of Service. (Attachments: # 1 Plaintiffs' Memorandum of Law in Support of Their Motion for Clarification or, in the Alternative, for Reconsideration, # 2 Proposed Order)(MEEHAN, COLEEN) Modified on 3/14/2014 (md). (Entered: 03/13/2014)
459 MOTION for Reconsideration re 454 Memorandum and/or Opinion filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum in Support. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 03/14/2014)
460 RESPONSE in Opposition re 458 MOTION for Clarification or, in the Alternative, for Reconsideration filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (ZOLNER, ERICA) (Entered: 03/31/2014)
461 RESPONSE in Opposition re 459 MOTION for Reconsideration re 454 Memorandum and/or Opinion filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(MEEHAN, COLEEN) (Entered: 03/31/2014)
462 MOTION for Leave to File Instanter Allstates Reply in Support of Its Motion for Reconsideration and/or Clarification of the Courts February 28, 2014 Summary Judgment Order filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.. (Attachments: # 1 Text of Proposed Order, # 2 Reply in Support of Allstate's Motion for Reconsideration and/or Clarification)(HEINZ, JORDAN) (Entered: 04/04/2014)
463 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/7/14. 4/7/14 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) Modified on 4/7/2014 (ti, ). (Entered: 04/07/2014)
464 ORDER THAT ALLSTATE'S MOTION FOR RECONSIDERATION IS DENIED. PLAINTIFFS' MOTION FOR RECONSIDERATION IS GRANTED AND THE COURT CLARIFIES THAT ITS 2/27/2014 MEMORANDUM AND ORDER DENYING THE PARTIES' CROSS−MOTIONS FOR SUMMARY JUDGMENT AS TO THE RELEASE DOES NOT OPERATE TO ADJUDICATE ANY ASPECT OF PLAINTIFFS' UNDERLYING BREACH OF CONTRACT CLAIMS. ALLSTATE'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/7/14. 4/7/14 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 04/07/2014)
465 STIPULATION Stipulation and [Proposed] Order for Briefing Schedule on Class Certification with Respect to Release Issues by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 297 of 745

05/05/2014 05/23/2014
06/30/2014 06/30/2014
06/30/2014 07/07/2014

P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (MEEHAN, COLEEN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 4/29/2014 (nd, ). (Entered: 04/29/2014)
466 STIPULATION AND ORDER FOR BRIEFING SCHEDULE ON CLASS CERTIFICATION WITH RESPECT TO RELEASE ISSUES. PLAINTIFFS SHALL FILE THEIR MOTION FOR CLASS TREATMENT ON RELEASE ISSUES ON OR BEFORE 5/23/2014, ALONG WITH A SUPPORTING MEMORANDUM OF LAW AND ANY ADDITIONAL RELEVANT DOCUMENTATION. DEFENDANTS SHALL HAVE THRITY−FIVE (35) DAYS FROM SERVICE OF PLAINTIFFS MOTION TO FILE AND SERVE THEIR OPPOSITION IN RESPONSE THERETO, INCLUDING ANY SUPPORTING DOCUMENTATION, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/5/14. 5/6/14 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) Modified on 5/6/2014 (ti, ). (Entered: 05/06/2014)
467 MOTION to Certify Class as to Certain Release Issues Pursuant to Fed.R.Civ.P. 23(c)(4) and 23(b)(2) filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Declaration. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Motion for Class Certification, # 2 Proposed Order, # 3 Declaration of Coleen M. Meehan, # 4 Exhibit 1, # 5 Exhibit 2)(MEEHAN, COLEEN) (Entered: 05/23/2014)
468 RESPONSE in Opposition re 467 MOTION to Certify Class as to Certain Release Issues Pursuant to Fed.R.Civ.P. 23(c)(4) and 23(b)(2) Allstate's Opposition to Plaintiffs' Motion for Class Certification of Certain Release Issues (REDACTED) filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration Declaration of Martin H. Redish)(ZOLNER, ERICA) (Entered: 06/30/2014)
469 Declaration re 468 Response in Opposition to Motion, Declaration of Erica B. Zolner in Support of Allstate's Opposition to Plaintiffs' Motion for Class Certification of Certain Release Issues by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16 (SEALED), # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19 (SEALED), # 20 Exhibit 20 (SEALED), # 21 Exhibit 21 (SEALED), # 22 Exhibit 22 (SEALED), # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44)(ZOLNER, ERICA) (Entered: 06/30/2014)
470 OPPOSITION to Plaintiffs' 467 MOTION to Certify Class as to Certain Release Issues Pursuant to Fed.R.Civ.P. 23(c)(4) and 23(b)(2) and Exhibits 16 & 19−22 in Support Thereof filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 07/01/2014)
471 NOTICE of Withdrawal of Appearance with Certificate of Service by THOMAS W. OSBORNE on behalf of JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 298 of 745

07/14/2014
07/28/2014
07/28/2014 09/17/2014 09/19/2014 10/06/2014

MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON(ti, ) (Entered: 07/07/2014)
472 MOTION to Strike Declaration of Martin H. Redish, submitted in support of Defendants' Opposition to Plaintiffs' Motion for Class Certification filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order)(MEEHAN, COLEEN) (Entered: 07/14/2014)
473 REPLY IN FURTHER SUPPORT OF re 467 MOTION to Certify Class as to Certain Release Issues Pursuant to Fed.R.Civ.P. 23(c)(4) and 23(b)(2) filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Supplemental Declaration of Coleen M. Meehan, Esquire, # 2 Exhibit A)(MEEHAN, COLEEN) Modified on 7/29/2014 (afm, ). (Entered: 07/28/2014)
474 MEMORANDUM in Opposition re 472 MOTION to Strike Declaration of Martin H. Redish, submitted in support of Defendants' Opposition to Plaintiffs' Motion for Class Certification filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION, CERTIFICATE OF SERVICE. (Attachments: # 1 Amended Redish Declaration, # 2 Text of Proposed Order)(ZOLNER, ERICA) Modified on 7/29/2014 (afm, ). (Entered: 07/28/2014)
475 ORDER THAT A STATUS CONFERENCE IS SCHEDULED FOR 9/23/2014, AT 2:00 PM IN CHAMBERS, ROOM 14614, 601 MARKET STREET, PHILADELPHIA, PA 19106. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/16/14. 9/17/14 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) Modified on 9/17/2014 (ti, ). (Entered: 09/17/2014)
476 Plaintiffs' Proposed Release Trial Plan by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, CERTIFICATE OF SERVICE. (MEEHAN, COLEEN) Modified on 9/22/2014 (afm, ). (Entered: 09/19/2014)
477 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/6/14. 10/6/14 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 10/06/2014)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 299 of 745

10/06/2014 10/20/2014
10/20/2014 10/28/2014
11/05/2014 11/07/2014
11/24/2014

478 ORDER THAT THE MOTION FOR CLASS CERTIFICATION 467 IS DENIED; AND THE MOTION TO STRIKE THE DECLARATION OF MARTIN H. REDISH 472 IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/6/14. 10/6/14 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 10/06/2014)
479 Plaintiffs' Memorandum of Law in Support of Their Trial Plan and In Opposition to Defendants' Request to Realign The Parties and Change The Order of Proof by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, DECLARATION, PROPOSED ORDER. (Attachments: # 1 Declaration of Coleen M. Meehan, Esq., # 2 Proposed Amended Case Management Order)(MEEHAN, COLEEN) Modified on 10/21/2014 (afm, ). (Entered: 10/20/2014)
480 Allstate's Proposed Release Trial Plan by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION, CERTIFICATE OF SERVICE AND PROPOSED ORDER. (Attachments: # 1 Text of Proposed Order)(HEINZ, JORDAN) Modified on 10/21/2014 (afm, ). (Entered: 10/20/2014)
481 Plaintiffs' Response in Opposition to Allstate's Proposed "Release" Trial Plan by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, CERTIFICATE OF SERVICE. (MEEHAN, COLEEN) Modified on 10/29/2014 (afm, ). (Entered: 10/28/2014)
482 Response in Opposition to Plaintiffs' Proposed Trial Plan and in Further Support of Allstate's Proposed Trial Plan by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 11/05/2014)
483 MOTION for Order Under Fed. R. Civ. P. 23(d)(1) With Respect to the Course of Proceedings filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Motion for an Order under Fed. R. Civ. P. 23(d)(1) with Respect to the Course of Proceedings, # 2 Proposed Order, # 3 Exhibit A, # 4 Exhibit B)(MEEHAN, COLEEN) (Entered: 11/07/2014)
484 RESPONSE in Opposition re 483 MOTION for Order Under Fed. R. Civ. P. 23(d)(1) With Respect to the Course of Proceedings filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 11/24/2014)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 300 of 745

12/08/2014
12/11/2014
12/17/2014 12/22/2014 12/23/2014
01/05/2015 01/06/2015

485 RESPONSE in Support re 483 MOTION for Order Under Fed. R. Civ. P. 23(d)(1) With Respect to the Course of Proceedings filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (MEEHAN, COLEEN) (Entered: 12/08/2014)
486 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION FOR AN ORDER UNDER FED. R. CIV. P. 23(d)(1) WITH RESPECT TO THE COURSE OF PROCEEDINGS 483 , IT IS HEREBY CLARIFIED THAT THE ORDER OF 10/6/2014 DENYING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION WAS NOT INTENDED TO AND DID NOT FINALLY RESOLVE WHETHER ISSUES GOING TO THE MERITS OF PLAINTIFFS' CLAIMS MAY BE SUBJECT TO CERTIFICATION FOR RESOLUTION. IT IS FURTHER ORDERED THAT THE COURT'S ORDER OF 10/6/2014 RESTARTED THE RUNNING OF THE STATUTE OF LIMITATIONS FOR ANY CURRENT OR FORMER EMPLOYEE−AGENT OF DEFENDANTS, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/10/14. 12/11/14 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 12/11/2014)
487 AMENDED CASE MANAGEMENT ORDER SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/16/14. 12/17/14 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 12/17/2014)
488 ORDER THAT A TELEPHONE CONFERENCE IS SCHEDULED FOR 1/6/2015 AT 11:00 AM TO ADDRESS ISSUES RELATED TO THE COURT'S 12/10/2014 ORDER. IT IS FURTHER ORDERED THAT ANY RUNNING STATUTE OF LIMITATIONS IS STAYED PENDING THE COURT'S 1/6/2015 CONFERENCE, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/22/14. 12/22/14 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 12/22/2014)
489 MOTION for Clarification or, in the Alternative, for Reconsideration of the Court's December 11, 2014 Order filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order A, # 3 Proposed Order B, # 4 Certificate of Service)(MEEHAN, COLEEN) (Entered: 12/23/2014)
490 RESPONSE in Opposition re 489 MOTION for Clarification or, in the Alternative, for Reconsideration of the Court's December 11, 2014 Order filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 01/05/2015)
491 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION FOR CLARIFICATION OR, IN THE ALTERNATIVE, FOR RECONSIDERATION OF THE COURT'S 12/11/2014 ORDER 489 , IT IS HEREBY ORDERED THAT THE MOTION IS DENIED. IT IS FURTHER ORDERED THAT PLAINTIFFS' REQUEST FOR DEFENDANTS TO PROVIDE A LIST OF UPDATED ADDRESSES FOR FORMER EMPLOYEE AGENTS WHO SIGNED THE RELEASE IS DENIED. IT IS FURTHER ORDERED THAT THE COURT'S STAY IMPOSED BY THE 12/22/2014 ORDER SHALL REMAIN IN PLACE UNTIL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 301 of 745

01/07/2015 01/14/2015
01/28/2015 02/02/2015 02/24/2015
02/25/2015 02/25/2015

3/2/2014, AT WHICH TIME ALL STATUES OF LIMITATIONS IN THIS MATTER SHALL RESUME RUNNING. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/6/15.1/6/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 01/06/2015)
492 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Pretrial Conference held on 1/6/15. Court Reporter: ESR. (ti, ) (Entered: 01/07/2015)
493 MOTION Plaintiffs' Unopposed Motion to Correct the Court's January 6, 2015 Order filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Certificate of Service. (Attachments: # 1 Order)(MEEHAN, COLEEN) (Entered: 01/14/2015)
494 MOTION to Modify December 17, 2014 Case Management Order filed by ALLSTATE INSURANCE COMPANY.. (Attachments: # 1 Text of Proposed Order)(KATCHEN, KATHERINE) (Entered: 01/28/2015)
495 ORDER THAT UPON CONSIDERATION OF DEFENDANTS' UNOPPOSED MOTION TO MODIFY THE AMENDED CASE MANAGEMENT ORDER ENTERED BY THE COURT ON 12/17/2014, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED; ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/2/15.2/2/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 02/02/2015)
496 APPLICATION/PETITION for Admission to Practice of JULIA K. MUNLEY Pursuant to Local Rule of Civil Procedure 83.5.2(b) by JAMES ARCHER, JOHN CHERUP, WILLIAM COTTON, BRUCE DENLINGER, MARY DIGIULIO, MARYALICE DOYLE, KENNETH FRANCK, JANET HAGGERTY, JOHN JUNKNIEWITZ, WILLIAM LEE, LEONARD LICHTY, VICTORIA LICHTY, PAUL LONG, ROBERT MCCARREL, WILLIAM MCLAUGHLIN, WARREN MILLER, LAWRENCE O'HARA, WILLIAM QUAIROLI, ROBERT REBB, JOSEPH ROSATI, WILLIAM SHOVER, GARY SIGLER, PHILLIP SINGER, DEBORAH L. SPEDDING, BRADLEY STECKEL, PAUL TRIMBORN, ATHENA WAGNER, EUGENE WELLER, ROBERT WELLER, GAIL WOLFE, STATEMNT AND CERTIFICATE OF SERVICE. (MUNLEY, JAMES) Modified on 2/25/2015 (afm, ). Modified on 3/2/2015 (mbh, ).($40.00 filing fee paid − receipt #116854) (Entered: 02/24/2015)
497 ORDER THAT THE APPLICATION OF JULIA K. MUNLEY, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/25/15. 2/25/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 02/25/2015)
498 MOTION to Intervene filed by JAMES ARCHER, JOHN CHERUP, WILLIAM COTTON, BRUCE DENLINGER, MARY DIGIULIO, MARYALICE DOYLE, KENNETH FRANCK, JANET HAGGERTY, JOHN JUNKNIEWITZ, WILLIAM LEE, LEONARD LICHTY, VICTORIA LICHTY, PAUL LONG, ROBERT MCCARREL, WILLIAM MCLAUGHLIN, WARREN MILLER, LAWRENCE O'HARA, WILLIAM QUAIROLI, ROBERT REBB, JOSEPH ROSATI, WILLIAM SHOVER, GARY SIGLER, PHILLIP SINGER, DEBORAH L. SPEDDING, BRADLEY STECKEL, PAUL TRIMBORN, ATHENA WAGNER, EUGENE WELLER, ROBERT WELLER, GAIL WOLFE.Motion to Intervene. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit A, # 3 Exhibit A1 continued)(MUNLEY, JULIA) (Entered: 02/25/2015)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 302 of 745

02/25/2015 02/26/2015 02/27/2015 03/06/2015 03/06/2015

499 Plaintiff's Brief in support of motion to intervene filed by JAMES ARCHER, JOHN CHERUP, WILLIAM COTTON, BRUCE DENLINGER, MARY DIGIULIO, MARYALICE DOYLE, KENNETH FRANCK, JANET HAGGERTY, JOHN JUNKNIEWITZ, WILLIAM LEE, LEONARD LICHTY, VICTORIA LICHTY, PAUL LONG, ROBERT MCCARREL, WILLIAM MCLAUGHLIN, WARREN MILLER, LAWRENCE O'HARA, WILLIAM QUAIROLI, ROBERT REBB, JOSEPH ROSATI, WILLIAM SHOVER, GARY SIGLER, PHILLIP SINGER, DEBORAH L. SPEDDING, BRADLEY STECKEL, PAUL TRIMBORN, ATHENA WAGNER, EUGENE WELLER, ROBERT WELLER, GAIL WOLFE.(MUNLEY, JULIA) Modified on 2/26/2015 (afm, ). (Entered: 02/25/2015)
500 MOTION for Leave to File Third Amended Complaint To Add Parties filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Certificate of Service. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law, # 3 Exhibit A, # 4 Exhibit B)(MEEHAN, COLEEN) (Entered: 02/26/2015)
501 AMENDED AND CORRECTED MEMORANDUM IN SUPPORT OF 500 MOTION for Leave to File Third Amended Complaint To Add Parties filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Certificate of Service.(MEEHAN, COLEEN) Modified on 3/2/2015 (afm, ). (Entered: 02/27/2015)
502 NOTICE of Appearance by WILLIAM P. QUINN, JR on behalf of JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON with Certificate of Service(QUINN, WILLIAM) (Entered: 03/06/2015)
503 SECONDED AMENDED AND CORRECTED MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT TO ADD PARTIES 500 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON, CERTIFICATE OF SERVICE. (Attachments: # 1 Amended and Corrected Exhibit A, # 2 Amended and Corrected Exhibit B)(MEEHAN, COLEEN) Modified on 3/9/2015 (afm, ). (Entered:

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 303 of 745

03/09/2015
03/09/2015 03/11/2015 03/13/2015 03/13/2015 03/13/2015 03/13/2015 03/13/2015 03/13/2015 03/13/2015

03/06/2015)
504 NOTICE of Appearance by DAVID W. MARSTON, JR on behalf of JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON with Certificate of Service(MARSTON, DAVID) (Entered: 03/09/2015)
505 MOTION TO INTERVENE PURSUANT TO FED.R.CIV.P.24 Brief in Support filed by ANN W. HARRIS.(ti, ) (Entered: 03/09/2015)
506 MOTION for Pro Hac Vice filed by ALLSTATE INSURANCE COMPANY. (Filing fee $40 receipt number 117580) Certificate of Service.(KATCHEN, KATHERINE) Modified on 3/13/2015 (ti, ). (Entered: 03/11/2015)
507 MOTION in Limine No. 1 − Motion to Bar and Exclude Evidence and Argument Related to the Merits of Plaintiffs' Claims that are Barred by the Release filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2)(HEINZ, JORDAN) (Entered: 03/13/2015)
508 MOTION in Limine No. 2 − Motion to Bar and Preclude Plaintiffs from Referring to Business Expenses as "Investments" filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service, Declaration. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2 (Filed Under Seal), # 6 Exhibit 3 (Filed Under Seal))(HEINZ, JORDAN) (Entered: 03/13/2015)
509 MOTION in Limine No. 3 − Motion to Exclude Evidence of Post−Program Emotional and Financial Distress filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service, Declaration. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2)(HEINZ, JORDAN) (Entered: 03/13/2015)
510 MOTION in Limine No. 4 − Motion to Bar and Preclude Evidence Contesting Facts Established in the Court's 2014 Summary Judgment Opinion and the Third Circuit's 2015 Opinion filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Exhibit A)(HEINZ, JORDAN) (Entered: 03/13/2015)
511 EXHIBITS 2 AND 3 to Memorandum in Support of MOTION in Limine to Bar and Preclude Plaintiffs from Referring to Business Expenses as "Investments" by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL)(ti, ) (Entered: 03/13/2015)
512 MOTION in Limine No. 5 − Motion to Preclude the Testimony of Joseph Tomec, Harold Tiller, and Carel Tornes filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Exhibit 1)(HEINZ, JORDAN) (Entered: 03/13/2015)
513 MOTION in Limine No. 6 − Motion to Preclude Plaintiffs from Arguing the Release was the Product of Both Fraud and Duress filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Exhibit 1)(HEINZ, JORDAN) (Entered: 03/13/2015)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 304 of 745

03/13/2015 03/13/2015 03/13/2015 03/13/2015 03/16/2015
03/16/2015
03/16/2015

514 MOTION in Limine No. 7 − Motion to Bar and Exclude References to Misrepresentations That Plaintiffs Allege to Have Heard or Read After Signing Their Respective Releases filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service, Declaration. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1)(HEINZ, JORDAN) (Entered: 03/13/2015)
515 Joint Motion for Entry of Pre−Trial Order by ALLSTATE INSURANCE COMPANY. (Attachments: # 1 Text of Proposed Order Proposed Pre−Trial Order)(KATCHEN, KATHERINE) Modified on 3/16/2015 (afm, ). (Entered: 03/13/2015)
516 STIPULATION FOR AN EXTENSION OF TIME re 500 MOTION for Leave to File Third Amended Complaint To Add Parties Extension of Time to Respond by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) Modified on 3/16/2015 (afm, ). (FILED IN ERROR, FORWARDED TO JUDGE FOR APPROVAL) (Entered: 03/13/2015)
517 STIPULATION FOR EXTENSION OF TIME re 505 MOTION to Intervene, 498 MOTION to Intervene Extension of Time to Respond by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) Modified on 3/16/2015 (afm, ). (FILED IN ERROR, FORWARDED TO JUDGE FOR APPROVAL) (Entered: 03/13/2015)
518 MOTION in Limine Plaintiffs' Motion in Limine to Exclude Testimony of Scott Proctor and Amy Williams filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Motion in Limine, # 2 Proposed Order, # 3 Declaration of Coleen M. Meehan, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J)(MEEHAN, COLEEN) (Entered: 03/16/2015)
519 MOTION in Limine to Compel Allstate's Compliance with December 20, 2012 Order filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law, # 3 Declaration of Coleen M. Meehan, Esq., # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N)(MEEHAN, COLEEN) (Entered: 03/16/2015)
520 MOTION in Limine to Exclude Evidence Plaintiffs' Post−2000 Financial Circumstances filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T.

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03/16/2015 03/16/2015

WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order, # 3 Declaration of Coleen M. Meehan, Esq., # 4 Exhibit 1, # 5 Certificate of Service)(MEEHAN, COLEEN) (Entered: 03/16/2015)
521 MOTION in Limine No. 8 − Motion to Bar and Exclude References to Certain Alleged Misrepresentations in Connection with Individual Plaintiffs That Cannot Have Relied Upon Them filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 03/16/2015)
522 MOTION in Limine No. 9 − Motion to Bar Evidence Challenging At−Will Employment and Evidence That is Inconsistent with the Terms of the R1500 and R830 Employment Agreements filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service, Declaration. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6)(HEINZ, JORDAN) (Entered: 03/16/2015)
523 MOTION in Limine No. 10 − Motion to Exclude Sales Organization of the Future ("SOOF") Documents, Evidence, and Testimony filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service, Declaration. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4)(HEINZ, JORDAN) (Entered: 03/16/2015)
524 MOTION in Limine No. 11 − Motion to Exclude References at Trial to the Case as Being a Class Action and to Plaintiffs Awaiting Trial filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 03/16/2015)
525 MOTION in Limine No. 12 − Motion to Sequester Plaintiffs During the Testimony of Other Plaintiffs filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 03/16/2015)
526 MOTION in Limine No. 13 − Motion to Bar and Exclude Reference to Allstate's Former Counterclaims filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 03/16/2015)
527 MOTION in Limine No. 14 − Motion to Bar and Exclude (i) Testimony About Unreimbursed Business Expenses and Plaintiffs' Financial Condition for Which No Underlying Documents Were Produced and (ii) Testimony That Unidentified Managers "Urged" Unreimbursed Business Expenses filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service, Declaration. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7)(HEINZ, JORDAN) (Entered: 03/16/2015)
528 MOTION in Limine No. 15 − Motion to Exclude References to Any Spoliation or Preservation Issues filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Exhibit 1)(HEINZ, JORDAN) (Entered: 03/16/2015)
529 MOTION in Limine No. 16 − Motion to Preclude Plaintiffs from Designating Witness Testimony from Depositions Taken in Other Cases filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Exhibit 1)(HEINZ, JORDAN)

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(Entered: 03/16/2015)
530 ORDER THAT THE APPLICATION OF BRIAN BORCHARD, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/16/15.3/17/15 ENTERED AND ECF APPLICATION & COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/17/2015)
531 STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UNTIL 4/7/2015, IN WHICH TO RESPOND TO PLAINTIFFS' MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT TO ADD PARTIES, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/17/15. 3/18/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/18/2015)
532 STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UNTIL 4/7/2015, IN WHICH TO RESPOND TO BOTH MOTIONS TO INTERVENE, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/17/15. 3/18/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/18/2015)
533 STIPULATION AND ORDER THAT 3/16/2015, OPENING MOTIONS IN LIMINE SHALL BE FILED (OTHER THAN RELATING TO SUMMARY RULE 1006 EXHIBITS AND EXPERTS); 4/3/2015, OPENING MOTIONS IN LIMINE RELATING TO SUMMARY RULE 1006 EXHIBITS SHALL BE FILED; 4/13/2015, OPENING MOTIONS IN LIMINE RELATED TO EXPERTS SHALL BE FILED; 4/15/2015, PARTIES SHALL SIMULTANEOUSLY FILE THEIR PRE−TRIAL MEMORANDA; ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/17/15. 3/18/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/18/2015)
534 ORDER THAT A PRETRIAL CONFERENCE IS SCHEDULED FOR 4/20/2015 AT 2:00 PM IN THE CHAMBERS OF THE UNDERSIGNED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 3/20/15. 3/23/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/23/2015)
535 MOTION in Limine to Preclude Allstate's Use of Rule 1006 Summary Exhibit Nos. 346−357 filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum (Sealed), Declaration and Certificate of Service. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law (Filed Under Seal), # 3 Declaration of Coleen M. Meehan, Esq., # 4 Exhibit A, # 5 Exhibit N, # 6 Exhibits B−M, O−S (Filed Under Seal), # 7 Certificate of Service)(MEEHAN, COLEEN) (Entered: 04/03/2015)
536 RESPONSE in Opposition re 509 MOTION in Limine No. 3 − Motion to Exclude Evidence of Post−Program Emotional and Financial Distress filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibit A)(MEEHAN, COLEEN) (Entered: 04/06/2015)

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537 RESPONSE in Opposition re 525 MOTION in Limine No. 12 − Motion to Sequester Plaintiffs During the Testimony of Other Plaintiffs filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibit A)(MEEHAN, COLEEN) (Entered: 04/06/2015)
538 RESPONSE in Opposition re 512 MOTION in Limine No. 5 − Motion to Preclude the Testimony of Joseph Tomec, Harold Tiller, and Carel Tornes filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibit A, # 4 Exhibit B (Sealed))(MEEHAN, COLEEN) (Entered: 04/06/2015)
539 RESPONSE in Opposition re 507 MOTION in Limine No. 1 − Motion to Bar and Exclude Evidence and Argument Related to the Merits of Plaintiffs' Claims that are Barred by the Release filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibits A−D (Sealed))(MEEHAN, COLEEN) (Entered: 04/06/2015)
540 MEMORANDUM of Law in Further Support of MOTION 535 in Limine to Exclude Allstate's Proposed Summary Exhibit 346−357 filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 04/06/2015)
541 EXHIBIT to Declaration of Coleen M. Meehan, Esq. in Further Support of MOTION in Limine to Exclude Allstate's Proposed Summary Exhibits DTX 347−357 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK,

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GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 04/06/2015)
542 RESPONSE in Opposition re 529 MOTION in Limine No. 16 − Motion to Preclude Plaintiffs from Designating Witness Testimony from Depositions Taken in Other Cases filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibit A, # 4 Exhibit B (Sealed), # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E (Sealed), # 8 Exhibit F (Sealed))(MEEHAN, COLEEN) (Entered: 04/06/2015)
543 RESPONSE in Opposition re 513 MOTION in Limine No. 6 − Motion to Preclude Plaintiffs from Arguing the Release was the Product of Both Fraud and Duress filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(MEEHAN, COLEEN) (Entered: 04/06/2015)
544 RESPONSE in Opposition re 508 MOTION in Limine No. 2 − Motion to Bar and Preclude Plaintiffs from Referring to Business Expenses as "Investments" filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibits A−B D−G (Sealed), # 4 Exhibit C)(MEEHAN, COLEEN) (Entered: 04/06/2015)
545 RESPONSE in Opposition re 524 MOTION in Limine No. 11 − Motion to Exclude References at Trial to the Case as Being a Class Action and to Plaintiffs Awaiting Trial filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E (Sealed))(MEEHAN, COLEEN) (Entered: 04/06/2015)

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546 RESPONSE in Opposition re 526 MOTION in Limine No. 13 − Motion to Bar and Exclude Reference to Allstate's Former Counterclaims filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibits A−D (Sealed), # 4 Exhibit E)(MEEHAN, COLEEN) (Entered: 04/06/2015)
547 RESPONSE in Opposition re 528 MOTION in Limine No. 15 − Motion to Exclude References to Any Spoliation or Preservation Issues filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibit A)(MEEHAN, COLEEN) (Entered: 04/06/2015)
548 RESPONSE in Opposition re 522 MOTION in Limine No. 9 − Motion to Bar Evidence Challenging At−Will Employment and Evidence That is Inconsistent with the Terms of the R1500 and R830 Employment Agreements filed by RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(MEEHAN, COLEEN) (Entered: 04/06/2015)
549 RESPONSE in Opposition re 527 MOTION in Limine No. 14 − Motion to Bar and Exclude (i) Testimony About Unreimbursed Business Expenses and Plaintiffs' Financial Condition for Which No Underlying Documents Were Produced and (ii) Testimony That Unidentified Managers "Urge filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibit A, # 4 Exhibit B (Sealed), # 5 Exhibit C, # 6 Exhibit D)(MEEHAN, COLEEN) (Entered: 04/06/2015)
550 RESPONSE in Opposition re 510 MOTION in Limine No. 4 − Motion to Bar and Preclude Evidence Contesting Facts Established in the Court's 2014 Summary Judgment Opinion and the Third Circuit's 2015 Opinion filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT

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ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibit A)(MEEHAN, COLEEN) (Entered: 04/06/2015)
551 RESPONSE in Opposition re 521 MOTION in Limine No. 8 − Motion to Bar and Exclude References to Certain Alleged Misrepresentations in Connection with Individual Plaintiffs That Cannot Have Relied Upon Them, 514 MOTION in Limine No. 7 − Motion to Bar and Exclude References to Misrepresentations That Plaintiffs Allege to Have Heard or Read After Signing Their Respective Releases filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(MEEHAN, COLEEN) (Entered: 04/06/2015)
552 RESPONSE in Opposition re 523 MOTION in Limine No. 10 − Motion to Exclude Sales Organization of the Future ("SOOF") Documents, Evidence, and Testimony filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibits A−J, M−P (Sealed), # 4 Exhibit K, # 5 Exhibit L)(MEEHAN, COLEEN) (Entered: 04/06/2015)
553 RESPONSE in Opposition re 518 MOTION in Limine Plaintiffs' Motion in Limine to Exclude Testimony of Scott Proctor and Amy Williams filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1 to Decl. of J. Heinz, # 3 Exhibit 2 to Decl. of J. Heinz, # 4 Exhibit 3 to Decl. of J. Heinz, # 5 Exhibit 4 to Decl. of J. Heinz, # 6 Exhibit 5 to Decl. of J. Heinz, # 7 Exhibit 6 to Decl. of J. Heinz, # 8 Exhibit 7 to Decl. of J. Heinz)(HEINZ, JORDAN) (Entered: 04/06/2015)
554 RESPONSE in Opposition re 519 MOTION in Limine to Compel Allstate's Compliance with December 20, 2012 Order filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1 to Decl. of J. Heinz, # 3 Exhibit 2 to Decl. of J. Heinz, # 4 Exhibit 3 to Decl. of J. Heinz, # 5 Exhibit 4 to Decl. of J. Heinz, # 6 Exhibit 5 to Decl. of J. Heinz, # 7 Exhibit 6 to Decl. of J. Heinz, # 8 Exhibit 7 to Decl. of J. Heinz, # 9 Exhibit 8 to Decl. of J. Heinz, # 10 Exhibit 9 to Decl. of J. Heinz, # 11 Exhibit 10 to Decl. of J. Heinz, # 12 Exhibit 11 to Decl. of J. Heinz, # 13 Exhibit 12 to Decl. of J. Heinz, # 14 Exhibit 13 to Decl. of J. Heinz, # 15 Exhibit 14 to Decl. of J. Heinz, # 16 Exhibit 15 to Decl. of J. Heinz, # 17 Exhibit 16 to Decl. of J. Heinz, # 18 Exhibit 17 to Decl. of J. Heinz, # 19 Exhibit 18 to Decl. of J. Heinz, # 20 Exhibit 19 to Decl. of J. Heinz, # 21 Exhibit 20 to Decl. of J. Heinz, # 22 Exhibit 21 to Decl. of J. Heinz, # 23 Exhibit 22 to Decl. of J. Heinz, # 24 Exhibit 23 to

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Decl. of J. Heinz, # 25 Exhibit 24 to Decl. of J. Heinz, # 26 Exhibit 25 to Decl. of J. Heinz, # 27 Exhibit 26 to Decl. of J. Heinz, # 28 Exhibit 27 to Decl. of J. Heinz, # 29 Exhibit 28 to Decl. of J. Heinz, # 30 Exhibit 29 to Decl. of J. Heinz)(HEINZ, JORDAN) (Entered: 04/06/2015)
555 RESPONSE in Opposition re 520 MOTION in Limine to Exclude Evidence Plaintiffs' Post−2000 Financial Circumstances filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1 to Decl. of J. Heinz, # 3 Exhibit 2 to Decl. of J. Heinz, # 4 Exhibit 3 to Decl. of J. Heinz, # 5 Exhibit 4 to Decl. of J. Heinz)(HEINZ, JORDAN) (Entered: 04/06/2015)
556 EXHIBITS to Declaration of Coleen M. Meehan, Esq. in further support of Opposition to ALLSTATE's MOTION in Limine No. 1 to Exclude Evidence and Argument Related to the Merits of Plaintiffs' Claims that are Barred by the Release by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, DONALD L. TRGOVICH, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 04/07/2015)
557 RESPONSE in Opposition re 500 MOTION for Leave to File Third Amended Complaint To Add Parties, 505 MOTION to Intervene, 498 MOTION to Intervene filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 04/07/2015)
558 EXHIBITS to Declaration of Coleen M. Meehan, Esq. in further support of Opposition to ALLSTATE's MOTION in Limine No. 2 to Preclude Plaintiffs from Referring to Business Express as Investments by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 04/08/2015)
559 EXHIBITS to Declaration of Coleen M. Meehan, Esq. in further support of Opposition to ALLSTATE's MOTION in Limine No. 5 to Preclude the testimony of Joseph Tomec, Harold Tiller and Carel Tornes by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 04/08/2015)
560 EXHIBITS to Declaration of Coleen M. Meehan, Esq. in further support of Opposition to ALLSTATE's MOTION in Limine No. 13 to Exclude References to ALLSTATE's Former Counterclaims by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER

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SEAL) (ti, ) (Entered: 04/08/2015)
561 EXHIBITS to Declaration of Coleen M. Meehan, Esq. in further support of Opposition to ALLSTATE's MOTION in Limine No. 14 to Exclude Evidence Concerning Unreimbursed Business Expenses by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 04/08/2015)
562 EXHIBITS to Declaration of Coleen M. Meehan, Esq. in further support of opposition to ALLSTATE's MOTION in Limine No. 16 to Preclude Plaintiffs from Designating Witness Testimony from Depositions taken in other cases by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 04/08/2015)
563 EXHIBITS A−J, M−P to Declaration of Coleen M. Meehan, Esq. in further support of Opposition to ALLSTATE's MOTION in Limine No. 10 to Exclude Sales Organization of the Future Documents, Evidence, and Testimony by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 04/08/2015)
564 OPPOSITION to 508 MOTION in Limine No. 2 to Bar and Preclude Plaintiffs from Referring to Business Expenses as "Investments" filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 04/08/2015)
565 MOTION in Limine Plaintiffs' Motion In Limine To Exclude Allstate's Porposed Expert Witnesses filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Certificate of Service.

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04/14/2015
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(Attachments: # 1 Proposed Order, # 2 Memorandum Of Law (Filed Under Seal), # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B (Filed Under Seal), # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E (Filed Under Seal), # 9 Exhibit F, # 10 Exhibit G (Filed Under Seal), # 11 Exhibit H (Filed Under Seal), # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L)(ERCOLE, BRIAN) (Entered: 04/13/2015)
566 Memorandum in Support of 565 MOTION in Limine Plaintiffs' Motion In Limine To Exclude Allstate's Porposed Expert Witnesses by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) (Entered: 04/15/2015)
567 EXHIBITS to Declaration of Brian E. Ercole, Esq. in Support of MOTION in Limine to Exclude ALLSTATE's Proposed Expert Witnesses by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 04/15/2015)
568 REPLY to Response to Motion re 507 MOTION in Limine No. 1 − Motion to Bar and Exclude Evidence and Argument Related to the Merits of Plaintiffs' Claims that are Barred by the Release filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 04/15/2015)
569 PRETRIAL MEMORANDUM by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(HEINZ, JORDAN) (Entered: 04/15/2015)
570 PRETRIAL MEMORANDUM by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(MEEHAN, COLEEN) (Entered: 04/15/2015)
571 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' UNOPPOSED MOTION TO CORRECT THE COURT'S 1/6/2015 ORDER 493 , IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED AND THAT THE COURT'S 1/6/2015 ORDER 491 IS AMENDED, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/14/15. 4/16/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 04/16/2015)
572 AMENDED PRETRIAL MEMORANDUM FOR TRIAL COMMENCING MAY 18, 2015 by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, A. BURTON ENGLISH, DWIGHT ENGLISH, DOUGLAS F. GAFNER, RONALD W. HARPER,

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04/17/2015 04/17/2015 04/21/2015

MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, CRAIG A. MILLISON, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, MARY JANE PILCHAK, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON. Amendment to 570 Pretrial Memorandum,,, , CERTIFICATE OF SERVICE. (Attachments: # 1 Amended Exhibit D)(MEEHAN, COLEEN) Modified on 4/16/2015 (afm, ). (Entered: 04/16/2015)
573 ORDER THAT WITH RESPECT TO THE MOTION IN LIMINE NO. 1 507 , IT IS HEREBY ORDERED THAT THE MOTION IS DENIED WITHOUT PREJUDICE; DEFENDANTS' MOTION IN LIMINE NO. 2 508 , IS DENIED; DEFENDANTS' MOTION IN LIMINE NO. 3 509 , IS GRANTED; DEFENDANTS' MOTION IN LIMINE NO. 4 510 , IS DENIED; DEFENDANTS' MOTION IN LIMINE NO. 5 512 , IS DENIED WITHOUT PREJUDICE; DEFENDANTS' MOTION IN LIMINE NO. 6 513 , IS DENIED WITHOUT PREJUDICE; DEFENDANTS' MOTION IN LIMINE NO. 7 514 , IS GRANTED; DEFENDANTS' MOTION IN LIMINE NO. 8 521 , IS DENIED WITHOUT PREJUDICE; DEFENDANTS' MOTION IN LIMINE NO. 9 522 , IS DENIED WITHOUT PREJUDICE; DEFENDANTS' MOTION IN LIMINE NO. 10 523 , IS DENIED WITHOUT PREJUDICE; DEFENDANTS' MOTION IN LIMINE NO. 11 524 , IS GRANTED IN PART AND DENIED IN PART; DEFENDANTS' MOTION IN LIMINE NO. 12 525 , IS DENIED; DEFENDANTS' MOTION IN LIMINE NO. 13 526 , IS GRANTED; DEFENDANTS' MOTION IN LIMINE NO. 14 527 , IS DENIED WITHOUT PREJUDICE; DEFENDANTS' MOTION IN LIMINE NO. 15 528 , IS GRANTED; DEFENDANTS' MOTION IN LIMINE NO. 16 529 , IS DENIED WITHOUT PREJUDICE; MOTION IN LIMINE BY PLAINTIFFS 518 , IS DENIED; PLAINTIFFS' MOTION IN LIMINE TO COMPEL ALLSTATE'S COMPLIANCE WITH THE 12/20/2012 ORDER, IS DENIED; PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OF PLAINTIFFS' POST−2000 FINANCIAL CIRCUMSTANCES, THE MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/16/15.4/16/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 04/16/2015)
574 RESPONSE in Opposition re 535 MOTION in Limine to Preclude Allstate's Use of Rule 1006 Summary Exhibit Nos. 346−357 filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of Jordan Heinz, # 2 Exhibit 1 (Filed Under Seal), # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(HEINZ, JORDAN) (Entered: 04/17/2015)
575 EXHIBIT 1 to Declaration of Jordan M. Heinz in Support of Opposition to Plaintiffs' MOTION in Limine to Exclude ALLSTATE's Proposed Summary Exhibits 346−357 by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL)(ti, ) (Entered: 04/20/2015)
576 ORDER THAT PLAINTIFFS' MOTION TO FILE A THIRD AMENDED COMPLAINT 500 IS GRANTED AND THE THIRD AMENDED COMPLAINT ATTACHED AS EXHIBIT A TO PLAINTIFF'S MOTION SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. THE MCLAUGHLIN PETITIONERS' MOTION TO INTERVENE 498 IS GRANTED AND THE MCLAUGHLIN PETITIONERS ARE GRANTED LEAVE TO INTERVENE IN THIS ACTION. PETITIONER HARRIS'S MOTION TO INTERVENE 505 IS GRANTED AND PETITIONER HARRIS IS GRANTED LEAVE TO INTERVENE IN THIS ACTION. THE COMPUTATION OF TIME FROM WHICH ALLSTATE MUST RESPOND TO THE THIRD AMENDED COMPLAINT AND THE COMPLAINTS FILED BY THE MCLAUGHLIN PETITIONERS AND PETITIONER HARRIS SHALL BEGIN ON THE DATE ON WHICH A VERDICT IS RENDERED IN THE FIRST RELEASE TRIAL SCHEDULED TO BEGIN ON 5/18/2015. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/20/15. 4/21/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 04/21/2015)

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04/21/2015 04/28/2015

577 AMENDED COMPLAINT against ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION, filed by All Plaintifffs.(ti, ) (Entered: 04/21/2015)
578 MOTION for Clarification Or, In the Alternative, for Reconsideration of the Court's April 16, 2015 Order filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC,

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04/30/2015

JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service. (Attachments: # 1 Plaintiffs' Memorandum of Law, # 2 Proposed Order A, # 3 Proposed Order B, # 4 Proposed Order C)(MEEHAN, COLEEN) (Entered: 04/28/2015)
579 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION IN LIMINE TO PRECLUDE THE DEFENDANTS' USE OF RULE 1006 SUMMARY EXHIBIT NOS. 346−357 535 , IT IS HEREBY ORDERED THAT WITH RESPECT TO EXHIBIT NO. 346, PLAINTIFFS' MOTION IS GRANTED; WITH RESPECT TO

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EXHIBIT NOS. 347−357, PLAINTIFF'S MOTION IS DENIED, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 4/29/15.4/30/15 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) Modified on 4/30/2015 (ti, ). (Entered: 04/30/2015)
580 Objections by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 318 of 745

04/30/2015

JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO re 569 Pretrial Memorandum Exhibits C and D (Defendants' Proposed Jury Instructions and Verdict Forms for Release Trial). (MEEHAN, COLEEN) (Entered: 04/30/2015)
581 RESPONSE in Opposition re 565 MOTION in Limine Plaintiffs' Motion In Limine To Exclude Allstate's Porposed Expert Witnesses filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of D. Lewin, # 2 Exhibit A to Decl. of D. Lewin, # 3

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 319 of 745

04/30/2015 04/30/2015
04/30/2015 05/01/2015 05/04/2015 05/06/2015 05/06/2015 05/11/2015

Exhibit B to Decl. of D. Lewin, # 4 Exhibit C to Decl. of D. Lewin, # 5 Declaration of C. Shanor, # 6 Declaration of E. Zolner, # 7 Exhibit A to Decl. of E. Zolner, # 8 Exhibit B to Decl. of E. Zolner, # 9 Exhibit C to Decl. of E. Zolner, # 10 Exhibit D to Decl. of E. Zolner, # 11 Exhibit E to Decl. of E. Zolner, # 12 Exhibit F to Decl. of E. Zolner, # 13 Exhibit G to Decl. of E. Zolner, # 14 Exhibit H to Decl. of E. Zolner, # 15 Exhibit I to Decl. of E. Zolner, # 16 Exhibit J to Decl. of E. Zolner, # 17 Exhibit K to Decl. of E. Zolner, # 18 Exhibit L to Decl. of E. Zolner (Filed Under Seal), # 19 Exhibit M to Decl. of E. Zolner, # 20 Exhibit N to Decl. of E. Zolner, # 21 Exhibit O to Decl. of E. Zolner)(ZOLNER, ERICA) (Entered: 04/30/2015)
582 Objections by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION re 570 Pretrial Memorandum,,, Exhibit F (Proposed Jury Instructions and Verdict Forms). (HEINZ, JORDAN) (Entered: 04/30/2015)
583 Objections by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION re 570 Pretrial Memorandum,,, to Plaintiffs' Part and Parcel Jury Instruction Nos. 1.2(e) and 4.9, and Related Motion for Determination (or Hearing) Prior to Trial on the Validity of Plaintiffs' Part and Parcel Doctrine Theory and Claim. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 04/30/2015)
584 EXHIBIT L to Declaration of Erica B. Zolner in Support of Opposition to Plaintiffs' MOTION in Limine to Exclude ALLSTATE'S Proposed Expert Witnesses by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL)(ti, ) (Entered: 05/01/2015)
585 MOTION for Pro Hac Vice of Hariklia Karis filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Filing fee $40 receipt number 120289) Certificate of Service.(KATCHEN, KATHERINE) Modified on 5/1/2015 (ti, ). (Entered: 05/01/2015)
586 RESPONSE in Opposition re 578 MOTION for Clarification Or, In the Alternative, for Reconsideration of the Court's April 16, 2015 Order filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit A)(HEINZ, JORDAN) (Entered: 05/04/2015)
587 ORDER THAT THE MOTION FOR PRO HAC VICE ADMISSION OF HARIKLIA KARIS, ESQUIRE (DOC. NO. 585 ), IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/6/2015.5/6/2015 ENTERED AND COPIES MAILED TO H. KARIS WITH ECF APPLICATION AND MAILED AND E−MAILED.(amas) (Entered: 05/06/2015)
588 ORDER THAT ASTATUS CONFERENCE SET FOR 5/13/2015 04:00 PM IN JUDGE CHAMBERS BEFORE HONORABLE RONALD L. BUCKWALTER. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/6/2015. 5/6/2015 ENTERED AND COPIES MAILED AND E−MAILED.(sg, ) (Entered: 05/06/2015)
589 RESPONSE in Support re 565 MOTION in Limine Plaintiffs' Motion In Limine To Exclude Allstate's Porposed Expert Witnesses filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 320 of 745
CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 321 of 745

05/13/2015

PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 05/11/2015)
590 Objections by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 322 of 745
E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 323 of 745

05/18/2015 05/18/2015

MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO re 569 Pretrial Memorandum Exhibits C and D (Defendants' Proposed Jury Instructions and Verdict Forms for Release Trial) −− Plaintiffs' Supplemental Objections to Allstate's Proposed Jury Instructions for Release Trial. (MEEHAN, COLEEN) (Entered: 05/13/2015)
591 Statement of Stipulated Facts for the May 2015 Release Trial (Proposed) by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 05/18/2015)
592 Plaintiffs' Response in Opposition to Allstate's Motion for Determination Prior to Trial on the Validity of Plaintiffs' Part and Parcel Doctrine Theory and Claim by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 324 of 745
DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 325 of 745

05/18/2015

SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, CERTIFICATE OF SERVICE. (MEEHAN, COLEEN) Modified on 5/19/2015 (afm, ). (Entered: 05/18/2015)
593 Plaintiffs' Proposed Statement Of Undisputed Facts For The May 2015 Release Trial by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 326 of 745

05/19/2015

LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit A (Proposed Statement Of Undisputed Facts), # 2 Exhibit B (Chart))(MEEHAN, COLEEN) Modified on 5/19/2015 (afm, ). (Entered: 05/18/2015)
594 ORDER THAT TRIAL IS SCHEDULED FOR 6/1/2015 AT 9:30 AM IN COURTROOM 14A. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/19/15. 5/19/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/19/2015)

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05/20/2015 05/20/2015

595 Memorandum in Support of Allstate's Proposed Set of Undisputed Facts and Objections to Plaintiffs' Proposed Facts by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) Modified on 5/21/2015 (afm, ). (Entered: 05/20/2015)
596 Corrected Response In Opposition To Allstate's Motion For Determination Prior To Trial On The Validity Of Plaintiffs' Part And Parcel Doctrine Theory And Claim by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H.

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05/20/2015

LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO, CERIFICATE OF SERVICE. (MEEHAN, COLEEN) Modified on 5/21/2015 (afm, ). (Entered: 05/20/2015)
597 ORDER THAT THE APRIL 16, 2015 ORDER IS CLARIFIED TO HOLD THAT EVIDENCE OF THE VALUE OF ACTUAL−OF−BUSINESS SALES BY PLAINTIFFS IS ADMISSIBLE ONLY TO IMPEACH ANY TESTIMONY BY PLAINTIFFS−WHO CONVERTED TO EXCLUSIVE AGENT AND LATER SOLD

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05/20/2015 05/20/2015
05/20/2015 05/22/2015 05/22/2015 05/28/2015
05/31/2015

THEIR BOOKS−ABOUT THEIR PERCEPTION OF THE VALUE OF THEIR BOOKS OF BUSINESS AT THE TIME THEY SIGNED THE RELEASE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/19/15. 5/20/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/20/2015)
598 ORDER THAT UPON CONISERATION OF PLAINTIFFS' MOTION IN LIMINE 565 , IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/19/15.5/20/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/20/2015)
599 ORDER THAT THE PART AND PARCEL THEORY SHALL NOT BE INCLUDED AS PART OF THE UPCOMING RELEASE TRIALS, BUT THE COURT SHALL RECONSIDER THE APPLICABILITY OF THE PART AND PARCEL THEORY IF AND WHEN THE PARTIES PROCEED TO A TRIAL ON THE MERITS. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/19/15. 5/20/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/20/2015)
600 Allstate's Corrected and Supplemental Proposed Jury Instructions by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION, CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit 1)(HEINZ, JORDAN) Modified on 5/21/2015 (afm, ). (Entered: 05/20/2015)
601 MOTION to Intervene filed by EARL SIEGFRIED.. (Attachments: # 1 Exhibit A, # 2 Exhibit A1 (contc), # 3 Text of Proposed Order)(MUNLEY, JULIA) (Entered: 05/22/2015)
602 Memorandum In Support of Motion re 601 MOTION to Intervene filed by EARL SIEGFRIED. (MUNLEY, JULIA) (Entered: 05/22/2015)
603 ORDER THAT THE FACTS SET FORTH IN EXHIBIT A TO THIS ORDER ARE DEEMED TO BE ESTABLISHED FOR PURPOSES FO THE RELEASE TRIALS IN THIS CASE, AND THAT THEY SHALL BE SUBMITTED TO THE JURY BOTH ORALLY AND IN WRITING. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 5/28/15. (Attachments: # 1 Exhibit A) 5/28/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/28/2015)
604 Plaintiffs' Objections To Allstate's Proposed "Advisory" Jury Instructions On Unconscionability And Its "Corrected" And Supplemental Proposed Jury Instructions. by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 330 of 745
E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER,

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06/01/2015 06/01/2015 06/01/2015 06/01/2015

TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO re 600 Statement. Certificate of Service. (MEEHAN, COLEEN) Modified on 6/1/2015 (lisad, ). (Entered: 05/31/2015)
605 Objections by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION to and Bench Memorandum Regarding Plaintiffs' Unclean Hands Claim, Which is Based on an Improper Legal Theory and Is An Issue for the Court to Decide. (Attachments: # 1 Exhibit A)(HEINZ, JORDAN) (Entered: 06/01/2015)
606 Objections by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION to and Bench Memorandum Regarding Plaintiffs' Unconscionability Claim, Which is an Issue for the Court to Decide. (Attachments: # 1 Exhibit A)(HEINZ, JORDAN) (Entered: 06/01/2015)
607 Letter Objections by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION to Certain Slides and Documents Plaintiffs Intend to Use During Opening Statements. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Filed Under Seal), # 3 Exhibit C (Filed Under Seal), # 4 Exhibit D (Filed Under Seal))(HEINZ, JORDAN) Modified on 6/2/2015 (afm, ). (Entered: 06/01/2015)
608 Letter Objections by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C.

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CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARY DIGIULIO, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P.

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06/01/2015
06/01/2015 06/01/2015 06/02/2015

REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO re 603 Order, Proposed Correction To Paragraphs 23 And 24 Of The Established Facts Entered By The Court On May 28, 2015 And Response To Allstate's May 29, 2015 Letter To The Court. (Attachments: # 1 Exhibit 1 (Proposed Amended Order))(MEEHAN, COLEEN) Modified on 6/2/2015 (afm, ). (Entered: 06/01/2015)
609 Plaintiffs' Proposed Supplemental Jury Instructions by ROGER BOYD, CRAIG K. CREASE, SYLVIA CREWS−KELLY, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. (MEEHAN, COLEEN) Modified on 6/2/2015 (afm, ). (Entered: 06/01/2015)
610 Proposed Supplemental Jury Instructions by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. 06/01/2015 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(HEINZ, JORDAN) Modified on 6/2/2015 (afm, ). (Entered: 06/01/2015)
611 Objections by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 06/01/2015)
612 MOTION to Intervene and Brief in Support filed by LAWRENCE ANZIVINE, JAMES BANNON, BRUCE BONDS, CHARLES CADY, CHRISTOPHER CHALLENDER, BENNY CHUNN, NICHOLAS COSTANZO, JOSEPH DI BLASI, JOHN DINEEN, JOSEPH ECKERT, CEBIE EDWARDS, WILLIAM FARR, GERALD FLORES, DONALD FRANCHINO, VIRGINIA GANGE, ROBERT GEBLER, PAUL GILLIHAN, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, LARRY HALL, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN HOGAN, WILLIAM HOGAN, DENNIS KARLAN, DONALD MATTINGLY, DONALD MCCRARY, JAMES MORGAN, JOYCE MORGAN, WILLIAM MURTHA, BRIAN PURTLE, CHARLES RANDAZZO, EDWARD RESNER, DONALD RIGGINS, THOMAS SCHNEIDER, JAMES SHUMAKER, LYNN SOWARD, ARTHUR SPEARS, III, NICHOLAS STAVOLA, BRIEN SULLIVAN, CHRISTOPHER SULLIVAN, ROBERT SUTTER, WILLIAM TARRIER, MICHAEL VALENTE, RUBY WATKINS, GARY WEAVER..

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06/05/2015 06/05/2015 06/05/2015 06/05/2015 06/05/2015

(Attachments: # 1 Exhibit "A")(GOLD, SIDNEY) (Entered: 06/02/2015)
613 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Civil Jury Trial − Day 1 held on 6/1/15 (ti, ) (Entered: 06/05/2015)
614 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Civil Jury Trial − Day 2 held on 6/2/15. (ti, ) (Entered: 06/05/2015)
615 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Civil Jury Trial − Day 3 held on 6/3/15. (ti, ) (Entered: 06/05/2015)
616 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Civil Jury Trial Day 4 held on 6/4/15. (ti, ) (Entered: 06/05/2015)
617 MOTION for Relief Relating To The Court's April 16, 2015 Order filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 335 of 745
LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 336 of 745

06/05/2015 06/08/2015
06/08/2015
06/09/2015
06/10/2015
06/11/2015
06/11/2015 06/11/2015 06/11/2015 06/11/2015 06/14/2015 06/15/2015
06/15/2015

ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(MEEHAN, COLEEN) (Entered: 06/05/2015)
618 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Civil Jury Trial − Day 5 held on 6/5/15. (ti, ) (Entered: 06/05/2015)
619 RESPONSE in Opposition re 617 MOTION for Relief Relating To The Court's April 16, 2015 Order filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(HEINZ, JORDAN) (Entered: 06/08/2015)
620 STIPULATION for Extension of Time to File Response/Reply as to 601 MOTION to Intervene filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION..(HEINZ, JORDAN) Modified on 6/9/2015 (afm, ). (FILED IN ERROR, FORWARDED TO JUDGE FOR APPROVAL) (Entered: 06/08/2015)
621 MOTION Judicial Notice Before Jury That It Satisfied Each of the OWBPA Factors filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 06/09/2015)
622 STIPULATION AND ORDER THAT THE DEADLINE FOR DEFENDANTS' RESPONSE TO PETITIONER'S MOTION SHALL BE, AND IS HEREBY, EXTENDED TO 6/29/2015. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/9/15. 6/10/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 06/10/2015)
623 Plaintiffs' Request for a Supplemental Jury Instruction Concerning the Inapplicability of the Tenderback Rule by ROGER BOYD, CRAIG K. CREASE, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO, CERTIFICATE OF SERVICE. (MEEHAN, COLEEN) Modified on 6/11/2015 (afm, ). (Entered: 06/11/2015)
624 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Civil Jury Trial − Day 6 held on 6/8/15. (ti, ) (Entered: 06/11/2015)
625 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Civil Jury Trial − Day 7 held on 6/9/15. (ti, ) (Entered: 06/11/2015)
626 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Civil Jury Trial − Day 8 held on 6/10/15. (ti, ) (Entered: 06/11/2015)
627 Allstate's Opposition to Plaintiffs' Request for Jury Instruction Concerning Inapplicability of Tenderback Rule 623 by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION, CERTIFICATE OF SERVICE. (HEINZ, JORDAN) Modified on 6/12/2015 (afm, ). (Entered: 06/11/2015)
628 Memorandum Regarding Defendant Edward Liddy's Financial Compensation and Net Worth filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. Certificate of Service.(HEINZ, JORDAN) Modified on 6/15/2015 (lisad, ). (Entered: 06/14/2015)
629 Statement Plaintiffs' Response to Allstate's Proposed Changes to the Court's Jury Instructions by ROGER BOYD, CRAIG K. CREASE, SYLVIA CREWS−KELLY, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. (MEEHAN, COLEEN) (Entered: 06/15/2015)
630 MOTION for Judgment as a Matter of Law as to the Validity of the Release filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum. (Attachments: # 1 Memorandum)(HEINZ, JORDAN) (Entered: 06/15/2015)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 337 of 745

06/15/2015 06/15/2015 06/16/2015
06/17/2015 06/17/2015 06/18/2015 06/18/2015 06/18/2015 06/18/2015 06/18/2015 06/18/2015 06/18/2015
06/19/2015

631 Objections by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION to Plaintiffs' Proposed Voluntariness Instruction. (Attachments: # 1 Errata A)(HEINZ, JORDAN) (Entered: 06/15/2015)
632 Objections by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION Supplemental Authority in Support of Objection to Jury Instruction on Misrepresentation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(HEINZ, JORDAN) (Entered: 06/15/2015)
633 Objections by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION Allstate's Jury Instruction Objection and Memorandum Regarding Parol Evidence. (Attachments: # 1 Declaration of Jordan Heinz, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(HEINZ, JORDAN) (Entered: 06/16/2015)
634 Exhibit List (Allstate's List of Admitted Exhibits for June 1, 2015 Trial) by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.. Certificate of Service (HEINZ, JORDAN) (Entered: 06/17/2015)
635 Exhibit List Plaintiffs' List of Admitted Exhibits for June 1, 2015 Trial by ROGER BOYD, CRAIG K. CREASE, SYLVIA CREWS−KELLY, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO.. Certificate of Service (MEEHAN, COLEEN) (Entered: 06/17/2015)
636 ORDER THAT THE CLERK OF COURT FOR THE EASTERN DISTRICT OF PA BE AND HE IS HEREBY DIRECTED TO FURNISH LUNCH FOR JURORS ENGAGED IN THE ABOVE ENTITLED CASE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/16/15. 6/18/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 06/18/2015)
637 ORDER THAT THE CLERK OF COURT FOR THE EASTERN DISTRICT OF PA BE AND HE IS HEREBY DIRECTED TO FURNISH LUNCH FOR JURORS ENGAGED IN THE ABOVE ENTITLED CASE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/17/15. 6/18/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 06/18/2015)
638 VERDICT SHEETS. (ti, ) (Entered: 06/18/2015)
639 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Civil Jury Trial − Day 9 held on 6/15/15. (ti, ) (Entered: 06/18/2015)
640 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Civil Jury Trial − Day 10 held on 6/16/15. (ti, ) (Entered: 06/18/2015)
641 Minute Entry for proceedings held before HONORABLE RONALD L. BUCKWALTER Civil Jury Trial − Day 11 held on 6/17/15 (ti, ) (Entered: 06/18/2015)
642 ORDER THAT UPON CONSIDERATION OF (1) PLAINTIFFS' MOTION FOR RELIEF RELATING OT THE COURT'S 4/16/2015 ORDER 617 ; (2) DEFENDANTS' MOTION FOR JUDICIAL NOTICE THAT IT SATISFIED EACH OF THE OWBPA FACTORS 621 ; AND (3) DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO THE VALIDITY OF THE RELEASE 630 , IT IS HEREBY ORDERED THAT PLAINTIFFS' MOTION FOR RELIEF RELATING TO THE COURT'S 4/16/2015 ORDER 617 IS DENIED AS MOOT; DEFENDANTS' MOTION FOR JUDICIAL NOTICE THAT IT SATISFIED EACH OF THE OWBPA FACTORS 621 IS DENIED AS MOOT; DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW AS TO THE VALIDITY OF THE RELASE 630 IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 6/18/15.6/18/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 06/18/2015)
643 RESPONSE in Opposition re 601 MOTION to Intervene , 612 MOTION to Intervene and Brief in Support (Consolidated Opposition) filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 338 of 745

07/01/2015
07/02/2015 07/07/2015 07/07/2015 07/08/2015
07/08/2015 07/16/2015 07/17/2015 07/24/2015

JORDAN) (Entered: 06/19/2015)
644 STIPULATION and [Proposed] Order for Post−Trial Briefing Schedule on Plaintiffs' Unconscionability and Unclean Hands Defenses to the Validity of the Release in Connection with the June 1, 2015 Release Trial by Edwin Murray and by ROGER BOYD, CRAIG K. CREASE, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. (MEEHAN, COLEEN) Modified on 7/1/2015 (afm, ).(FILED IN ERROR, FORWARDED TO JUDGE FOR APPROVAL) (Entered: 07/01/2015)
645 STIPULATION AND ORDER FOR POST−TRIAL BRIEFING SCHEDULE ON PLAINTIFFS' UNCONSCIONABILITY AND UNCLEAN HANDS DEFENSES TO THE VALIDITY OF THE RELEASE IN CONNECTION WITH THE JUNE 1, 2015 RELEASE TRIAL SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/2/15. 7/2/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 07/02/2015)
646 STIPULATION re 576 Order on Motion to Intervene, Order on Motion for Leave to File,,,,,,,,,, Stipulation for Extension of Time to Respond by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (KATCHEN, KATHERINE) Modified on 7/7/2015 (afm, ).(FILED IN ERROR, FORWARDED TO JUDGE FOR APPROVAL) (Entered: 07/07/2015)
647 STIPULATION re 576 Order on Motion to Intervene, Order on Motion for Leave to File,,,,,,,,,, Stipulation for Extension of Time to Respond by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (KATCHEN, KATHERINE) Modified on 7/7/2015 (afm, ). (FILED IN ERROR, FORWARDED TO JUDGE FOR APPROVAL) (Entered: 07/07/2015)
648 STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UNTIL 7/28/2015, IN WHICH TO ANSWER, MOVE OR OTHERWISE PLEAD PURSUANT TO THE COURT'S 4/21/2015 ORDER 576 . THE MCLAUGHLIN PETITIONERS AND PETITIONER HARRIS SHALL HAVE UNTIL 8/27/2015 IN WHICH TO FILE A RESPONSE, TO THE EXTENT APPLICABLE. DEFENDANTS SHALL HAVE UNTIL 9/27/2015 IN WHICH TO REPLY, TO THE EXTENT APPLICABLE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/7/15. 7/8/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 07/08/2015)
649 STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UNTIL 7/28/2015, IN WHICH TO ANSWER, MOVE OR OTHERWISE PLEAD IN RESPONSE TO THE THIRD AMENDED COMPLAINT, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/7/15. 7/8/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 07/08/2015)
650 AMENDED STIPULATION AND ORDER FOR POST−TRIAL BRIEFING SCHEDULE ON PLAINTIFFS' UNCONSCIONABILITY AND UNCLEAN HANDS DEFENSES TO THE VALIDITY OF THE RELEASE IN CONNECTION WITH THE 6/1/2015 RELEASE TRIAL. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 7/16/15. 7/17/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (ORDER STRICKEN PER ORDER 668 ) (Entered: 07/17/2015)
Letter to Attorney Michael D. Walker re: L.R. 83.5 and 83.5.2. (lisad, ) (Entered: 07/17/2015)
651 MOTION for Trial Plaintiffs' Motin to Supplement the June 1, 2015 Trial Court Record filed Edwin T. Murray and filed by ROGER BOYD, CRAIG K. CREASE, SYLVIA CREWS−KELLY, RONALD W. HARPER, MICHAEL P. KEARNEY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Exhibit A to Plaintiffs' Motion to Supplement the June 1, 2015 Trial Court Record, # 2 Plaintiffs' Memorandum of Law, # 3 Proposed Order, # 4 Declaration of Coleen M. Meehan, # 5 Exhibits DTX−383, DTX−385, DTX−386. DTX−387, DTX−388, DTX−390, P−149, P−171, P−175, P−185, P−199, P−200, P−279, P−330, P−404, P−651, Exhibit 1, Exhibit 4, and Exhibit 5, # 6 Exhibit P−157, # 7 Exhibit P−599, # 8 Exhibit P−622, # 9 Exhibit P−623, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 6, # 13

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 339 of 745

07/24/2015
07/27/2015 07/27/2015 07/27/2015 07/27/2015 07/28/2015 07/28/2015 07/31/2015

Exhibit 7, # 14 Exhibit 8)(MEEHAN, COLEEN) (Entered: 07/24/2015)
652 Proposed Findings of Fact and Conclusions of Law by ROGER BOYD, CRAIG K. CREASE, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. Certificate of Service (Attachments: # 1 Proposed Order, # 2 Declaration of C. Meehan, # 3 Exhibit DTX 12, # 4 Exhibit DTX 115, # 5 Exhibit DTX 140, # 6 Exhibit DTX 167, # 7 Exhibit DTX 177, # 8 Exhibit DTX 205, # 9 Exhibit DTX 269, # 10 Exhibit DTX 271, # 11 Exhibit DTX 381, # 12 Exhibit DTX 384, # 13 Exhibit P−13, # 14 Exhibit P−21, # 15 Exhibit P−26, # 16 Exhibit P−41, # 17 Exhibit P−49, # 18 Exhibit P−52, # 19 Exhibit P−60, # 20 Exhibit P−62, # 21 Exhibit P−76, # 22 Exhibit P−81, # 23 Exhibit P−92, # 24 Exhibit P−136, # 25 Exhibit P−137, # 26 Exhibit P−157, # 27 Exhibit P−217, # 28 Exhibit P−220, # 29 Exhibit P−225, # 30 Exhibit P−278, # 31 Exhibit P−290, # 32 Exhibit P−326, # 33 Exhibit P−337, # 34 Exhibit P−345, # 35 Exhibit P−355, # 36 Exhibit P−365, # 37 Exhibit P−371, # 38 Exhibit P−376, # 39 Exhibit P−381, # 40 Exhibit P−391, # 41 Exhibit P−397, # 42 Exhibit P−402, # 43 Exhibit P−427, # 44 Exhibit P−429, # 45 Exhibit P−435, # 46 Exhibit P−665, # 47 Exhibit P−666, # 48 Exhibit P−667, # 49 Exhibit P−668, # 50 Exhibit P−805, # 51 DTX 59, P−3, P−103, P−219, P−241, P−295, P−358)(MEEHAN, COLEEN) (Entered: 07/25/2015)
653 NOTICE of Appearance by JULIA MUNLEY and withdraw of KEVIN QUINN and MICHAEL WALKER on behalf of ANN W. HARRIS (MUNLEY, JULIA) Modified on 7/27/2015 (afm, ). (Entered: 07/27/2015)
654 EXHIBIT Amended Exhibit A to Plaintiffs' Motion to Supplement the June 1, 2015 Trial Court Record by Edwin Murray and by ROGER BOYD, CRAIG K. CREASE, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO.. Certificate of Service (MEEHAN, COLEEN) (Entered: 07/27/2015)
655 DTX−383, DTX−385, DTX, 386, DTX−387, DTX−388, DTX−390, P−149, P−171, P−175, P−185, P−199, P−200, P−279, P−330, P−404, P−651, EXHIBIT 1, EXHIBIT 4, and EXHIBIT 5 of MOTION 651 for Trial Plaintiffs' Motion to Supplement the June 1, 2015 Trial Court Record filed Edwin T. Murray by ROGER BOYD, CRAIG K. CREASE, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. (FILED UNDER SEAL) (ti, ) (Entered: 07/27/2015)
658 EXHIBITS DTX−0059, P−003 REVISED, P−103, P−219, P−241, P−295, P−358 of 652 Proposed Findings of Fact and Conclusions of Law by ROGER BOYD, CRAIG K. CREASE, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. (Attachments: # 1 P−003 Revised, # 2 P−103, # 3 P−219 Part 1, # 4 P−219 Part 2, # 5 P−219 Part 3, # 6 P−241 Part 1, # 7 P−241 Part 2, # 8 P−295 Part 1, # 9 P−295 Part 2, # 10 P−295 Part 3, # 11 P−358)(ti, ) Modified on 7/31/2015 (ti, ). (Entered: 07/31/2015)
656 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Allstate's Motion to Dismiss Plaintiffs' Third Amended Complaint and the Harris and McLaughlin Intervenor Complaints] filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 07/28/2015)
657 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' Third Amended Complaint and the Harris and McLaughlin Intervenor Complaints filed by EDWARD M. LIDDY.Certificate of Service.(COGNATO, CHRISTOPHER) (Entered: 07/28/2015)
659 MOTION to Hold in Abeyance the Post−Trial Submissions Concerning Plaintiffs' Unconscionability and Unclean Hands Defenses Pending Resolution of Plaintiffs' Motion to Supplement the June 1, 2015 Trial Court Record re 652 Proposed Findings of Fact,,,,, 651 MOTION for Trial Plaintiffs' Motin to Supplement the June 1, 2015 Trial Court Record filed Edwin T. Murray and, 650 Stipulation and Order, filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 340 of 745

08/10/2015 08/10/2015 08/14/2015 08/17/2015
08/18/2015 08/18/2015 08/19/2015 08/19/2015

CORPORATION.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 07/31/2015)
660 RESPONSE in Opposition re 651 MOTION for Trial Plaintiffs' Motin to Supplement the June 1, 2015 Trial Court Record filed Edwin T. Murray and filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(HEINZ, JORDAN) (Entered: 08/10/2015)
661 MOTION to Compel Plaintiff Richard Carrier's Book of Business Sale Documents filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T)(HEINZ, JORDAN) (Entered: 08/10/2015)
662 MOTION to Open and Close the Evidence and Argument for the Remaining Release Trials filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B)(HEINZ, JORDAN) (Entered: 08/14/2015)
663 RESPONSE in Opposition re 659 MOTION to Hold in Abeyance the Post−Trial Submissions Concerning Plaintiffs' Unconscionability and Unclean Hands Defenses Pending Resolution of Plaintiffs' Motion to Supplement the June 1, 2015 Trial Court Record re 652 Proposed Finding filed by Edwin Murray and filed by ROGER BOYD, CRAIG K. CREASE, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. (Attachments: # 1 Order, # 2 Declaration of Coleen M. Meehan, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(MEEHAN, COLEEN) (Entered: 08/17/2015)
664 RESPONSE in Support re 651 MOTION for Trial Plaintiffs' Motin to Supplement the June 1, 2015 Trial Court Record filed Edwin T. Murray and filed by ROGER BOYD, CRAIG K. CREASE, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. (Attachments: # 1 Certificate of Service, # 2 Declaration of Coleen M. Meehan, # 3 Exhibit 1)(MEEHAN, COLEEN) (Entered: 08/18/2015)
665 REPLY to Response to Motion re 659 MOTION to Hold in Abeyance the Post−Trial Submissions Concerning Plaintiffs' Unconscionability and Unclean Hands Defenses Pending Resolution of Plaintiffs' Motion to Supplement the June 1, 2015 Trial Court Record re 652 Proposed Finding filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 08/18/2015)
666 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION TO SUPPLEMENT, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFFS' PROPOSED FINDINGS OF FACTS AND CONCLUSIONS OF LAW AS SUPPLEMENTED, ATTACHED AS EXHIBIT A, SHALL BE DEEMED FILED AS OF THIS DATE, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 8/19/15.8/19/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/19/2015)
667 Proposed Findings of Fact and Conclusions of Law by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 341 of 745
BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 342 of 745

08/19/2015
08/19/2015 08/19/2015

CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (ti, ) (Entered: 08/19/2015)
668 ORDER THAT ALLSTATE'S MOTION TO HOLD IN ABEYANCE ALLSTATE'S POST−TRIAL BRIEFING PENDING RESOLUTION IS GRANTED. ALL STATE SHALL FILE ITS OPPOSITION IN RESPONSE WITHIN TWENTY−ONE (21) DAYS OF THE COURT'S DISPOSITION OF PLAINTIFFS' MOTION TO SUPPLEMENT. THE COURT'S 7/16/2015 ORDER 650 IS STRICKEN. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 8/19/15.8/19/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/19/2015)
669 ORDER THAT THE TRIAL IS RESCHEDULED FOR 11/9/2015 AT 9:30 AM IN COURTROOM 14A. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 8/19/15. 8/19/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/19/2015)
670 ORDER THAT PLAINTIFFS' MOTION TO SUPPLEMENT IS GRANTED. IT IS FURTHER ORDERED THAT PLAINTIFFS' PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ARE SUPPLEMENTED, ATTACHED AS AMENDED EXHIBIT A TO PLAINTIFFS' MOTION 654 , SHALL BE DEEMED TO HAVE BEEN FILED AS OF THIS DATE AND REPLACES THE 7/24/2015 VERSION. IT IS FURTHER ORDERED THAT ALLSTATE'S MOTION TO HOLD BRIEFING IN ABEYANCE IS ALSO GRANTED. IT IS FURTHER ORDERED THAT ALLSTATE SHALL FILE ITS OPPOSITION IN RESPONSE TO

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 343 of 745

08/20/2015 08/20/2015 08/20/2015 08/20/2015 08/20/2015 08/20/2015 08/20/2015 08/20/2015 08/20/2015

PLAINTIFFS' PROPOSED FINDINGS AND FACT WITHIN TWENTY−ONE (21) DAYS OF 8/19/2015. THE COURT'S 7/17/2015 650 IS STRICKEN. THE COURT'S 8/19/2015 ORDERS ARE HEREBY AMENDED (DKT. NOS. 666 AND 668). SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 8/19/15. 8/19/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/19/2015)
671 TRANSCRIPT of Jury Trial Proceedings Day 1 held on 6/1/15 before Judge Ronald L. Buckwalter. Court Reporter: Suzanne R. White. (ti, ) (Entered: 08/24/2015)
672 TRANSCRIPT of Jury Trial Day 2 held on 6/2/15, before Judge Ronald L. Buckwalter. Court Reporter/Transcriber Suzanne R. White. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/18/2015. (ti, ) (Entered: 08/24/2015)
673 TRANSCRIPT of Jury Trial Day 3 held on 6/3/2015, before Judge Ronald L. Buckwalter. Court Reporter/Transcriber Suzanne R. White. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/18/2015. (ti, ) (Entered: 08/24/2015)
674 TRANSCRIPT of Jury Trial Day 4 held on 6/4/15, before Judge Ronald L. Buckwalter. Court Reporter/Transcriber Suzanne R. White. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/18/2015. (ti, ) (Entered: 08/24/2015)
675 TRANSCRIPT of Jury Trial Day 5 held on 6/5/15, before Judge Ronald L. Buckwalter. Court Reporter/Transcriber Suzanne R. White. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/18/2015. (ti, ) (Entered: 08/24/2015)
676 Notice of Filing of Official Transcript with Certificate of Service re 675 Transcript − PDF, 674 Transcript − PDF, 673 Transcript − PDF, 672 Transcript − PDF, 8/24/15 Entered and Copies Emailed and Mailed. (ti, ) (Entered: 08/24/2015)
677 TRANSCRIPT of Jury Trial Day 6 held on 6/8/15, before Judge Ronald L. Buckwalter. Court Reporter/Transcriber Suzanne R. White. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/18/2015. (ti, ) (Entered: 08/24/2015)
678 TRANSCRIPT of Jury Trial Day 7 held on 6/9/15, before Judge Ronald L. Buckwalter. Court Reporter/Transcriber Suzanne R. White. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/18/2015. (ti, ) (Entered: 08/24/2015)
679 TRANSCRIPT of Jury Trial Day 8 held on 6/10/15, before Judge Ronald L. Buckwalter. Court Reporter/Transcriber Suzanne R. White. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/18/2015. (ti, )

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 344 of 745

08/20/2015 08/20/2015 08/20/2015 08/20/2015 08/20/2015 08/27/2015
08/27/2015
08/27/2015

(Entered: 08/24/2015)
680 Notice of Filing of Official Transcript with Certificate of Service re 679 Transcript − PDF, 678 Transcript − PDF, 677 Transcript − PDF, 6/24/15 Entered and Copies Emailed and Mailed. (ti, ) (Entered: 08/24/2015)
681 TRANSCRIPT of Jury Trial Day 9 held on 6/15/15, before Judge Ronald L. Buckwalter. Court Reporter/Transcriber Suzanne R. White. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/18/2015. (ti, ) (Entered: 08/24/2015)
682 TRANSCRIPT of Jury Trial Day 10 held on 6/16/15, before Judge Ronald L. Buckwalter. Court Reporter/Transcriber Suzanne R. White. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/18/2015. (ti, ) (Entered: 08/24/2015)
683 TRANSCRIPT of Jury Trial Day 11 held on 6/17/15, before Judge Ronald L. Buckwalter. Court Reporter/Transcriber Suzanne R. White. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/10/2015. Redacted Transcript Deadline set for 9/21/2015. Release of Transcript Restriction set for 11/18/2015. (ti, ) (Entered: 08/24/2015)
684 Notice of Filing of Official Transcript with Certificate of Service re 683 Transcript − PDF, 682 Transcript − PDF, 681 Transcript − PDF, 8/24/15 Entered and Copies Emailed and Mailed.. (ti, ) (Entered: 08/24/2015)
685 RESPONSE in Opposition re 656 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Allstate's Motion to Dismiss Plaintiffs' Third Amended Complaint and the Harris and McLaughlin Intervenor Complaints] filed by JAMES ARCHER, JOHN CHERUP, WILLIAM COTTON, BRUCE DENLINGER, MARY DIGIULIO, MARYALICE DOYLE, KENNETH FRANCK, JANET HAGGERTY, ANN W. HARRIS, JOHN JUNKNIEWITZ, WILLIAM LEE, LEONARD LICHTY, VICTORIA LICHTY, PAUL LONG, ROBERT MCCARREL, WARREN MILLER, LAWRENCE O'HARA, WILLIAM QUAIROLI, ROBERT REBB, JOSEPH ROSATI, WILLIAM SHOVER, GARY SIGLER, PHILLIP SINGER, DEBORAH L. SPEDDING, BRADLEY STECKEL, PAUL TRIMBORN, ATHENA WAGNER, EUGENE WELLER, ROBERT WELLER, GAIL WOLFE. (Attachments: # 1 Text of Proposed Order)(MUNLEY, JULIA) (Entered: 08/27/2015)
686 Memorandum re 656 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Allstate's Motion to Dismiss Plaintiffs' Third Amended Complaint and the Harris and McLaughlin Intervenor Complaints] filed by JAMES ARCHER, JOHN CHERUP, WILLIAM COTTON, BRUCE DENLINGER, MARY DIGIULIO, MARYALICE DOYLE, KENNETH FRANCK, JANET HAGGERTY, ANN W. HARRIS, JOHN JUNKNIEWITZ, WILLIAM LEE, LEONARD LICHTY, VICTORIA LICHTY, PAUL LONG, ROBERT MCCARREL, WILLIAM MCLAUGHLIN, WARREN MILLER, LAWRENCE O'HARA, WILLIAM QUAIROLI, ROBERT REBB, JOSEPH ROSATI, WILLIAM SHOVER, GARY SIGLER, PHILLIP SINGER, DEBORAH L. SPEDDING, BRADLEY STECKEL, PAUL TRIMBORN, ATHENA WAGNER, EUGENE WELLER, ROBERT WELLER, GAIL WOLFE. (MUNLEY, JULIA) (Entered: 08/27/2015)
687 RESPONSE in Opposition re 657 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' Third Amended Complaint and the Harris and McLaughlin Intervenor Complaints filed by JAMES ARCHER, JOHN CHERUP, WILLIAM COTTON, BRUCE DENLINGER, MARY DIGIULIO, MARYALICE DOYLE, KENNETH FRANCK, JANET HAGGERTY, ANN W. HARRIS, JOHN JUNKNIEWITZ, WILLIAM LEE, LEONARD LICHTY, VICTORIA LICHTY, PAUL LONG, ROBERT MCCARREL, WILLIAM

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 345 of 745

08/27/2015

MCLAUGHLIN, WARREN MILLER, LAWRENCE O'HARA, WILLIAM QUAIROLI, ROBERT REBB, JOSEPH ROSATI, WILLIAM SHOVER, GARY SIGLER, PHILLIP SINGER, DEBORAH L. SPEDDING, BRADLEY STECKEL, PAUL TRIMBORN, ATHENA WAGNER, EUGENE WELLER, ROBERT WELLER, GAIL WOLFE. (Attachments: # 1 Text of Proposed Order)(MUNLEY, JULIA) (Entered: 08/27/2015)
688 RESPONSE in Opposition re 661 MOTION to Compel Plaintiff Richard Carrier's Book of Business Sale Documents filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 346 of 745
KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of Richard Carrier)(MEEHAN, COLEEN) (Entered: 08/27/2015)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 347 of 745

08/27/2015

689 RESPONSE in Opposition re 656 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Allstate's Motion to Dismiss Plaintiffs' Third Amended Complaint and the Harris and McLaughlin Intervenor Complaints], 657 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' Third Amended Complaint and the Harris and McLaughlin Intervenor Complaints filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 348 of 745

08/28/2015

E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Text of Proposed Order)(MEEHAN, COLEEN) (Entered: 08/27/2015)
690 MOTION to Intervene Pursuant to Federal Rule of Civil Procedure 24(b) filed by JUDI ALLEN, PHILLIP ANDERSON, KAREN EMMERT, ISABELL HUIE, GARY NEWSOM, CHRIS ROGERS, FREDA SANFORD, JOHN SIMERLY, MICHAEL SIMERLY, RODNEY TABOR.Pursuant to Federal Rule of Civil Procedure 24(b). (Attachments: # 1 Memorandum in Support of Motion to Intervene)(GILBERT,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 349 of 745

08/31/2015

JUSTIN) (Entered: 08/28/2015)
691 RESPONSE in Opposition re 662 MOTION to Open and Close the Evidence and Argument for the Remaining Release Trials filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 350 of 745

08/31/2015

LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan)(MEEHAN, COLEEN) (Entered: 08/31/2015)
692 MOTION for an Advisory Jury on Unconscionability and Unclean Hands filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 351 of 745
BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 352 of 745

09/02/2015 09/09/2015

ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration and Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order, # 3 Declaration of Coleen M. Meehan)(MEEHAN, COLEEN) (Entered: 08/31/2015)
693 REPLY to Response to Motion re 661 MOTION to Compel Plaintiff Richard Carrier's Book of Business Sale Documents filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(HEINZ, JORDAN) (Entered: 09/02/2015)
694 Proposed Findings of Fact and Conclusions of Law by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. Certificate of Service (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit DTX 1, # 3 Exhibit DTX 3, # 4 Exhibit DTX 4, # 5 Exhibit DTX 8, # 6 Exhibit DTX 12, # 7 Exhibit DTX 21, # 8 Exhibit DTX 23, # 9 Exhibit DTX 37, # 10 Exhibit DTX 38, # 11 Exhibit DTX 39, # 12 Exhibit DTX 40, # 13 Exhibit DTX 41, # 14 Exhibit DTX 42, # 15 Exhibit DTX 44, # 16 Exhibit DTX 47, # 17 Exhibit DTX 48, # 18 Exhibit DTX 61, # 19 Exhibit DTX 71, # 20 Exhibit DTX 115, # 21 Exhibit DTX 137, # 22 Exhibit DTX

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 353 of 745

09/09/2015
09/14/2015 09/15/2015 09/15/2015 09/17/2015 09/17/2015 09/17/2015

140, # 23 Exhibit DTX 156, # 24 Exhibit DTX 160, # 25 Exhibit DTX 177, # 26 Exhibit DTX 199, # 27 Exhibit DTX 236, # 28 Exhibit DTX 271, # 29 Exhibit DTX 273, # 30 Exhibit DTX 323, # 31 Exhibit DTX 337, # 32 Exhibit DTX 414, # 33 Exhibit P−13, # 34 Exhibit P−14, # 35 Exhibit P−16, # 36 Exhibit P−17, # 37 Exhibit P−18, # 38 Exhibit P−20, # 39 Exhibit P−26, # 40 Exhibit P−41, # 41 Exhibit P−62, # 42 Exhibit P−67, # 43 Exhibit P−76, # 44 Exhibit P−92, # 45 Exhibit P−277, # 46 Exhibit P−345, # 47 Exhibit P−355, # 48 Exhibit P−376 (Part 1 of 3), # 49 Exhibit P−376 (Part 2 of 3), # 50 Exhibit P−376 (Part 3 of 3), # 51 Exhibit P−380, # 52 Exhibit P−391, # 53 Exhibit P−427, # 54 Exhibit P−435, # 55 Exhibit P−443, # 56 Exhibit P−459, # 57 Exhibit P−538)(HEINZ, JORDAN) (Entered: 09/09/2015)
695 Response re 667 Proposed Findings of Fact,,,,,,,,,,,,,,,,,,,,,,,,,,, by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit DTX 1, # 12 Exhibit DTX 3, # 13 Exhibit DTX 4, # 14 Exhibit DTX 7, # 15 Exhibit DTX 8, # 16 Exhibit DTX 12, # 17 Exhibit DTX 21, # 18 Exhibit DTX 23, # 19 Exhibit DTX 47, # 20 Exhibit DTX 48, # 21 Exhibit DTX 58, # 22 Exhibit DTX 59, # 23 Exhibit DTX 61, # 24 Exhibit DTX 71, # 25 Exhibit DTX 90, # 26 Exhibit DTX 108, # 27 Exhibit DTX 115, # 28 Exhibit DTX 119, # 29 Exhibit DTX 203, # 30 Exhibit DTX 205, # 31 Exhibit DTX 273, # 32 Exhibit DTX 323, # 33 Exhibit DTX 337, # 34 Exhibit DTX 348, # 35 Exhibit DTX 349, # 36 Exhibit DTX 350, # 37 Exhibit DTX 351, # 38 Exhibit DTX 352, # 39 Exhibit DTX 353, # 40 Exhibit DTX 354, # 41 Exhibit DTX 355, # 42 Exhibit DTX 356, # 43 Exhibit DTX 357, # 44 Exhibit DTX 373, # 45 Exhibit DTX 381, # 46 Exhibit DTX 382, # 47 Exhibit DTX 383, # 48 Exhibit DTX 384, # 49 Exhibit DTX 385, # 50 Exhibit DTX 386, # 51 Exhibit DTX 387, # 52 Exhibit DTX 388, # 53 Exhibit DTX 390, # 54 Exhibit DTX 506, # 55 Exhibit DTX 507, # 56 Exhibit DTX 554, # 57 Exhibit P−13, # 58 Exhibit P−21, # 59 Exhibit P−39, # 60 Exhibit P−103, # 61 Exhibit P−136, # 62 Exhibit P−137, # 63 Exhibit P−157, # 64 Exhibit P−185, # 65 Exhibit P−217, # 66 Exhibit P−220, # 67 Exhibit P−221, # 68 Exhibit P−222, # 69 Exhibit P−241, # 70 Exhibit P−278, # 71 Exhibit P−279, # 72 Exhibit P−290, # 73 Exhibit P−295, # 74 Exhibit P−355, # 75 Exhibit P−365, # 76 Exhibit P−381, # 77 Exhibit P−391, # 78 Exhibit P−402, # 79 Exhibit P−409, # 80 Exhibit P−435, # 81 Exhibit P−538, # 82 Exhibit P−623, # 83 Exhibit P−651, # 84 Exhibit P−665, # 85 Exhibit P−666) (HEINZ, JORDAN) (Entered: 09/09/2015)
696 RESPONSE in Opposition re 690 MOTION to Intervene Pursuant to Federal Rule of Civil Procedure 24(b) filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 09/14/2015)
697 RESPONSE in Opposition re 692 MOTION for an Advisory Jury on Unconscionability and Unclean Hands filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 09/15/2015)
698 REPLY to Response to Motion re 662 MOTION to Open and Close the Evidence and Argument for the Remaining Release Trials filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (ZOLNER, ERICA) (Entered: 09/15/2015)
699 STIPULATION for extension re 652 Proposed Findings of Fact,,,,, by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) Modified on 9/18/2015 (afm, ). (FILED IN ERROR, FORWARDED TO JUDGE FOR APPROVAL) (Entered: 09/17/2015)
700 REPLY to Response to Motion re 656 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Allstate's Motion to Dismiss Plaintiffs' Third Amended Complaint and the Harris and McLaughlin Intervenor Complaints] filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 09/17/2015)
701 REPLY to Response to Motion re 657 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiffs' Third Amended Complaint and the Harris and McLaughlin Intervenor Complaints filed by EDWARD M. LIDDY.

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09/21/2015 09/21/2015 09/22/2015 09/23/2015 09/29/2015
09/29/2015

(LANGEL, JOHN) (Entered: 09/17/2015)
702 ORDER THAT ALL THREE MOTIONS TO INTERVENE ARE GRANTED (DOCKET NOS. 601 , 612 , & 690 ), AND EARL SIEGFRIED, THE ANZIVINE PETITIONERS, AND THE TABOR PETITIONERS ARE GRANTED LEAVE TO INTERVENE IN THIS ACTION, ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/21/15.9/22/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/22/2015)
703 AMENDED ORDER FOR POST−TRIAL BRIEFING SCHEDULE ON PLAINTIFFS' UNCONSCIONABILITY AND UNCLEAN HANDS DEFENSES TO THE VALIDITY OF THE RELEASE IN CONNECTION WITH THE JUNE 1, 2015 RELEASE TRIAL. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/21/15. 9/22/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/22/2015)
704 ORDER THAT DEFENDANTS' MOTION TO COMPEL PLAINTIFF RICHARD CARRIER'S BOOK OF BUSINESS SALE DOCUMENTS 661 IS GRANTED. DEFENDANTS' MOTION TO OPEN AND CLOSE THE EVIDENCE AND ARGUMENT 662 IS GRANTED IN PART AND DENIED IN PART. PLAINTIFFS' MOTION FOR ADVISORY JURY 692 IS DENIED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/22/15.9/22/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/22/2015)
705 Proposed Pretrial Order Allstate's Proposed Submission for Entry of Pre−Trial Scheduling Order for Trial Beginning November 9, 2015 by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit B)(HEINZ, JORDAN) (Entered: 09/23/2015)
706 MOTION for Pro Hac Vice for James Vagnini, Esquire on behalf of Anzivine Plaintiffs, et. al. filed by LAWRENCE ANZIVINE,JAMES BANNON, BRUCE BOND, CHARLES CADY, CHRISTOPHER CHALLENDER, BENNY CHUNN, NICHOLAS COSTANZO, JOSEPH DI BLASI, JOHN DINEEN, JOSEPH ECKERT, CEBIE EDWARDS, WILLIAM FARR,GERALD FLORES, DONALD FRANCHINO, VIRGINIA GANGE, ROBERT GEBLER, PAUL GILLIHAN, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, LARRY HALL, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN HOGAN, WILLIAM HOGAN, DENNIS KARLAN, DONALD MATTINGLY, DONALD MCCRARY, JAMES MORGAN , JOYCE MORGAN, WILLIAM MURTHA, BRIAN PURTLE, CHARLES RANDAZZO, EDWARD RESNER, DONALD RIGGINS, THOMAS SCHNEIDER, JAMES SHUMAKER, LYNN SOWARD, ARTHUR SPEARS III, NICHOLAS STAVOLA, BRIEN SULLIVAN, CHRISTOPHER SULLIVAN, ROBERT SUTTER, WILLIAM TARRIER, MICHAEL VALENTINE, RUBY WATKINS, GARY WEAVER, (Filing fee $40 receipt number 129607) CERTIFICATE OF SERVICE..(GOLD, SIDNEY) Modified on 10/1/2015 (afm, ). Modified on 10/23/2015 (ti, ). (Entered: 09/29/2015)
707 MOTION for Pro Hac Vice for Robert J. Valli, Esquire on behalf of all Anzivine Plaintiffs, et. al. filed by LAWRENCE ANZIVINE,JAMES BANNON, BRUCE BOND, CHARLES CADY, CHRISTOPHER CHALLENDER, BENNY CHUNN, NICHOLAS COSTANZO, JOSEPH DI BLASI, JOHN DINEEN, JOSEPH ECKERT, CEBIE EDWARDS, WILLIAM FARR,GERALD FLORES, DONALD FRANCHINO, VIRGINIA GANGE, ROBERT GEBLER, PAUL GILLIHAN, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, LARRY HALL, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN HOGAN, WILLIAM HOGAN, DENNIS KARLAN, DONALD MATTINGLY, DONALD MCCRARY, JAMES MORGAN , JOYCE MORGAN, WILLIAM MURTHA, BRIAN PURTLE, CHARLES RANDAZZO, EDWARD RESNER, DONALD RIGGINS, THOMAS SCHNEIDER, JAMES SHUMAKER, LYNN SOWARD, ARTHUR SPEARS III, NICHOLAS STAVOLA, BRIEN SULLIVAN, CHRISTOPHER SULLIVAN, ROBERT SUTTER, WILLIAM TARRIER, MICHAEL VALENTINE, RUBY WATKINS, GARY WEAVER, (Filing fee $40 receipt number 129607) CERTIFICATE OF SERVICE .(GOLD, SIDNEY) Modified on 10/1/2015 (afm, ). Modified on 10/23/2015 (ti, ). (Entered: 09/29/2015)

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09/29/2015
09/30/2015 09/30/2015 09/30/2015 09/30/2015

708 MOTION for Pro Hac Vice for Sara Wyn Kane, Esquire on behalf of all Anzivine Plaintiffs, et. al. filed by LAWRENCE ANZIVINE,JAMES BANNON, BRUCE BOND, CHARLES CADY, CHRISTOPHER CHALLENDER, BENNY CHUNN, NICHOLAS COSTANZO, JOSEPH DI BLASI, JOHN DINEEN, JOSEPH ECKERT, CEBIE EDWARDS, WILLIAM FARR,GERALD FLORES, DONALD FRANCHINO, VIRGINIA GANGE, ROBERT GEBLER, PAUL GILLIHAN, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, LARRY HALL, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN HOGAN, WILLIAM HOGAN, DENNIS KARLAN, DONALD MATTINGLY, DONALD MCCRARY, JAMES MORGAN , JOYCE MORGAN, WILLIAM MURTHA, BRIAN PURTLE, CHARLES RANDAZZO, EDWARD RESNER, DONALD RIGGINS, THOMAS SCHNEIDER, JAMES SHUMAKER, LYNN SOWARD, ARTHUR SPEARS III, NICHOLAS STAVOLA, BRIEN SULLIVAN, CHRISTOPHER SULLIVAN, ROBERT SUTTER, WILLIAM TARRIER, MICHAEL VALENTINE, RUBY WATKINS, GARY WEAVER, CERTIFICATE OF SERVICE ..(GOLD, SIDNEY) Modified on 10/1/2015 (afm, ). (Entered: 09/29/2015)
709 ORDER THAT THE APPLICATION OF JAMES ALDO VAGNINI, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/30/15.9/30/15 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) Modified on 9/30/2015 (ti, ). (Entered: 09/30/2015)
710 ORDER THAT THE APPLICATION OF ROBERT J. VALLI, JR., ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/30/15.9/30/15 ENTERED AND ECF APPLICATION & COPIES MAILED AND E−MAILED.(ti, ) (Entered: 09/30/2015)
711 ORDER THAT THE APPLICATION OF SARA WYN KANE, JR., ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/30/15.9/30/15 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 09/30/2015)
712 Plaintiffs' Response to the Allstate Defendants' Proposed Submission for Entry of Pre−Trial Scheduling Order for Trial Beginning November 9, 2015 by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M.

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DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER,

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09/30/2015

TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO, CERTIFICATE OF SERVICE. Proposed order (2) Exhibit A)(MEEHAN, COLEEN) Modified on 10/1/2015 (afm, ). (Entered: 09/30/2015)
713 PLAINTIFFS' MOTION TO AMEND THE COURT'S 603 Order ESTABLISHED FACTS FOR THE LIMITED PURPOSE OF SUBSTITUTING FACTS RELATING TO THE TEN PLAINTIFFS FOR THE SECOND RELEASE TRIAL filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 358 of 745
R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST.

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JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Certificate of Service. (Attachments: # 1 Proposed Order, # 2 Exhibit A)(MEEHAN, COLEEN) (Entered: 09/30/2015)
714 MOTION in Limine No. 1 − Motion to Bar and Exclude References to Allstate's June 1997 Submission to the Internal Revenue Service Concerning Allstate's Employee Agent Program filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1 (Filed Under Seal))(HEINZ, JORDAN) (Entered: 10/02/2015)
715 MOTION in Limine No. 2 − Motion to Bar and Exclude References to Allstate's July 1999 Board of Directors Meeting and Related Documents filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1 (Filed Under Seal))(HEINZ, JORDAN) (Entered: 10/02/2015)
716 MOTION in Limine No. 3 − Motion to Exclude Evidence and Argument Regarding the Allstate Service Allowance Plan and the Allstate Severance Pay Plan filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2)(HEINZ, JORDAN) (Entered: 10/02/2015)
717 MOTION in Limine No. 4 − Motion to Bar and Exclude References to Allstate's Internally Projected Costs or Savings Relating to the Preparing for the Future Program filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1 (Filed Under Seal), # 5 Exhibit 2)(HEINZ, JORDAN) (Entered: 10/02/2015)
718 MOTION in Limine No. 5 − Motion to Exclude Sales Organization of the Future Documents, Evidence, and Testimony filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2)(HEINZ, JORDAN) (Entered: 10/02/2015)
719 MOTION in Limine No. 6 − Motion to Preclude Plaintiffs from Arguing or Presenting Evidence in Support of Their Commission Rates Misrepresentation Theory filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, #

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16 Exhibit 13 (Filed Under Seal))(HEINZ, JORDAN) (Entered: 10/02/2015)
720 MOTION in Limine No. 7 − Motion to Bar and Preclude Any Reference to the Outcome of the June 2015 Release Trial filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 10/02/2015)
721 MOTION in Limine No. 8 − Motion to Exclude Hearsay Testimony by Burton English filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3)(HEINZ, JORDAN) (Entered: 10/02/2015)
722 MOTION in Limine No. 9 − Motion to Preclude the Testimony of Sandra Guthrie, Harold Tiller, Joseph Tomec, and Carel Tornes filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3)(HEINZ, JORDAN) (Entered: 10/02/2015)
723 MOTION in Limine No. 10 − Motion to Bar and Exclude Evidence and Argument Related to the Merits of Plaintiffs' Underlying Claims filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1)(HEINZ, JORDAN) (Entered: 10/02/2015)
724 MOTION in Limine No. 11 − Motion to Bar Evidence Challenging Plaintiffs' At−Will Employment and Evidence That is Inconsistent with the Terms of the R1500 and R830 Employment Agreements filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14)(HEINZ, JORDAN) (Entered: 10/02/2015)
725 MOTION in Limine No. 12 − Motion to Bar and Preclude Evidence Contesting Facts Established in the Court's 2014 Summary Judgment Opinion and the Third Circuit's 2015 Opinion filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 10/02/2015)
726 MOTION in Limine No. 13 − Motion to Sequester Plaintiffs During the Testimony of Other Plaintiffs filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 10/02/2015)
727 MOTION in Limine No. 14 − Motion to Bar and Exclude References to Certain Alleged Misrepresentations in Connection with Individual Plaintiffs That Cannot Have Relied Upon Them filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1)(HEINZ, JORDAN) (Entered: 10/02/2015)
728 MOTION in Limine No. 15 − Motion to Bar and Exclude (i) Testimony About Unreimbursed Business Expenses and Plaintiffs' Financial Condition for Which No Underlying Documents Were Produced and (ii) Testimony That Unidentified Managers "Urged" Unreimbursed Business Expenses filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5)(HEINZ, JORDAN)

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10/02/2015
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(Entered: 10/02/2015)
729 MOTION in Limine No. 16 − Motion to Preclude Plaintiffs From Designating Witness Testimony From Depositions Taken in Other Cases filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of J. Heinz, # 4 Exhibit 1, # 5 Exhibit 2)(HEINZ, JORDAN) (Entered: 10/02/2015)
730 MOTION in Limine No. 17 − Motion to Preclude Plaintiffs From Arguing the Release was the Product of Both Fraud and Duress filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 10/02/2015)
731 MOTION in Limine No. 18 − Motion to Renew Its Motions Granted in the Court's April 16, 2015 Order filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 10/02/2015)
732 MOTION to Modify Statement of Established Facts filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A to Motion, # 2 Memorandum, # 3 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 10/02/2015)
733 EXHIBIT 1 to 714 MOTION in Limine No. 1 by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 10/05/2015)
734 EXHIBIT to 715 MOTION in Limine No. 2 by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 10/05/2015)
735 EXHIBIT to 717 MOTION in Limine No. 4 by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 10/05/2015)
736 EXHIBIT to 719 MOTION in Limine No. 6 by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (FILED UNDER SEAL) (ti, ) (Entered: 10/05/2015)
737 MOTION in Limine Plaintiffs' Renewed Motion In Limine to Compel Allstate's Compliance with the December 20, 2012 Order and Exclude Evidence of Plaintiffs' Post−2000 Financial Circumstances filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 362 of 745
MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 363 of 745

10/12/2015

REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Renewed Motion, # 2 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/05/2015)
738 MOTION in Limine − Plaintiffs' Renewed Motion to Preclude Testimony of Charles A. Shanor filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 364 of 745
DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 365 of 745

10/13/2015 10/15/2015
10/15/2015

TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Declaration of David W. Marston Jr., # 3 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/12/2015)
739 STIPULATION AND ORDER THAT EACH PARTY SHALL FILE THEIR OPPOSITION IN RESPONSE TO THE MOTIONS IN LIMINE AS WELL AS TO THE MOTION TO AMEND THE COURT'S ESTABLISHED FACTS ON OR BEFORE 10/30/2015. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/13/15. 10/13/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 10/13/2015)
740 Plaintiff's Reply in support of Proposed Findings of Fact and Conclusions of Law based on June 2015 Trial Record as Supplemented by ROGER BOYD, CRAIG K. CREASE, SYLVIA CREWS−KELLY, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. Certificate of Service (Attachments: # 1 Plaintiffs Roger Boyd, Craig Crease, Ron Harper, Michael Kearney, Sylvia Crews−Kelly, David Lawson, Christopher Perkins, Richard Peterson, Paula Reinerio, and Edward Murray's Reply in Support of Their Proposed Findings of Fact and Conclusions of Law Based on June 2015 Trial Record as Supplemented, # 2 Declaration, # 3 Ex. P−89, # 4 Ex. P−97, # 5 Ex. P−108, # 6 Ex. P−116, # 7 Ex. P−125, # 8 Ex. P−134, # 9 Ex. P−147, # 10 Ex. P−202, # 11 Ex. P−212, # 12 Ex. P−213, # 13 Ex. P−273, # 14 Ex. P−276, # 15 Ex. P−322, # 16 Ex. P−418, # 17 Ex. P−578, # 18 Ex. P−630, # 19 Ex. P−647, # 20 Ex. A, # 21 Ex. B, # 22 Ex. C, # 23 Ex. D, # 24 Ex. E, # 25 Ex. F, # 26 Ex. G, # 27 Ex. H, # 28 Ex. I, # 29 Ex. J, # 30 Ex. K, # 31 Ex. DTX−247)(MEEHAN, COLEEN) Modified on 10/16/2015 (afm, ). (Entered: 10/15/2015)
741 Plaintiff's Response in Opposition to Allstate's Proposed Findings of Fact and Conclusions of Law for the June 2015 Release Trial by ROGER BOYD, CRAIG K. CREASE, SYLVIA CREWS−KELLY, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. Certificate of Service (Attachments: # 1 Declaration of Coleen M. Meehan, Esq. in Support of Plaintiffs' Boyd, Crease, Harper, M. Kearney, Kelly, Lawson, Murray, Perkins, Peterson, and Reneirio's Response in Opposition to Allstate's Proposed Findings of Fact and Conclusions of Law for the June 2015 Release Trial, # 2 P−23, # 3 DTX−328, # 4 Exhibit A)(GORBEY, JACQUELINE) Modified on 10/16/2015 (afm, ). (Entered: 10/16/2015)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 366 of 745

10/29/2015 10/29/2015 10/29/2015 10/30/2015 10/30/2015 10/30/2015 10/30/2015 10/30/2015

742 RESPONSE in Opposition re 738 MOTION in Limine − Plaintiffs' Renewed Motion to Preclude Testimony of Charles A. Shanor filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order, # 2 Declaration of J.Heinz, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(HEINZ, JORDAN) (Entered: 10/29/2015)
743 RESPONSE in Opposition re 731 MOTION in Limine No. 18 − Motion to Renew Its Motions Granted in the Court's April 16, 2015 Order filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR., NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Text of Proposed Order)(MEEHAN, COLEEN) Modified on 10/29/2015 (ti, ). Modified on 10/29/2015 (ti, ). (Entered: 10/29/2015)
744 RESPONSE to Motion re 720 MOTION in Limine No. 7 − Motion to Bar and Preclude Any Reference to the Outcome of the June 2015 Release Trial filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR., NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (MEEHAN, COLEEN) Modified on 10/29/2015 (ti, ). Modified on 10/29/2015 (ti, ). (Entered: 10/29/2015)
745 RESPONSE in Opposition re 726 MOTION in Limine No. 13 − Motion to Sequester Plaintiffs During the Testimony of Other Plaintiffs filed by Carolyn Penzo and filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(GORBEY, JACQUELINE) (Entered: 10/30/2015)
746 RESPONSE in Opposition re 722 MOTION in Limine No. 9 − Motion to Preclude the Testimony of Sandra Guthrie, Harold Tiller, Joseph Tomec, and Carel Tornes filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B (Filed Under Seal), # 4 Proposed Order)(GORBEY, JACQUELINE) (Entered: 10/30/2015)
747 RESPONSE in Opposition re 727 MOTION in Limine No. 14 − Motion to Bar and Exclude References to Certain Alleged Misrepresentations in Connection with Individual Plaintiffs That Cannot Have Relied Upon Them filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(GORBEY, JACQUELINE) (Entered: 10/30/2015)
748 RESPONSE in Opposition re 717 MOTION in Limine No. 4 − Motion to Bar and Exclude References to Allstate's Internally Projected Costs or Savings Relating to the Preparing for the Future Program filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Exhibit P−395, # 3 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/30/2015)
749 RESPONSE in Opposition re 718 MOTION in Limine No. 5 − Motion to Exclude Sales Organization of the Future Documents, Evidence, and Testimony filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Exhibit A, # 3 Exhibit B (Sealed), # 4 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/30/2015)

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750 RESPONSE in Opposition re 714 MOTION in Limine No. 1 − Motion to Bar and Exclude References to Allstate's June 1997 Submission to the Internal Revenue Service Concerning Allstate's Employee Agent Program filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/30/2015)
751 RESPONSE in Opposition re 728 MOTION in Limine No. 15 − Motion to Bar and Exclude (i) Testimony About Unreimbursed Business Expenses and Plaintiffs' Financial Condition for Which No Underlying Documents Were Produced and (ii) Testimony That Unidentified Managers "Urge filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C (Sealed), # 5 Exhibit D, # 6 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/30/2015)
752 RESPONSE in Opposition re 715 MOTION in Limine No. 2 − Motion to Bar and Exclude References to Allstate's July 1999 Board of Directors Meeting and Related Documents filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Text of Proposed Order)(GORBEY, JACQUELINE) (Entered: 10/30/2015)
753 RESPONSE in Opposition re 723 MOTION in Limine No. 10 − Motion to Bar and Exclude Evidence and Argument Related to the Merits of Plaintiffs' Underlying Claims filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/30/2015)
754 RESPONSE in Opposition re 729 MOTION in Limine No. 16 − Motion to Preclude Plaintiffs From Designating Witness Testimony From Depositions Taken in Other Cases filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/30/2015)
755 RESPONSE in Opposition re 724 MOTION in Limine No. 11 − Motion to Bar Evidence Challenging Plaintiffs' At−Will Employment and Evidence That is Inconsistent with the Terms of the R1500 and R830 Employment Agreements filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/30/2015)
756 RESPONSE in Opposition re 725 MOTION in Limine No. 12 − Motion to Bar and Preclude Evidence Contesting Facts Established in the Court's 2014 Summary Judgment Opinion and the Third Circuit's 2015 Opinion filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/30/2015)
757 RESPONSE in Opposition re 730 MOTION in Limine No. 17 − Motion to Preclude Plaintiffs From Arguing the Release was the Product of Both Fraud and Duress filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H.

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11/02/2015

LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/30/2015)
758 RESPONSE in Opposition re 716 MOTION in Limine No. 3 − Motion to Exclude Evidence and Argument Regarding the Allstate Service Allowance Plan and the Allstate Severance Pay Plan filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Text of Proposed Order)(GORBEY, JACQUELINE) (Entered: 10/30/2015)
759 RESPONSE in Opposition re 737 MOTION in Limine Plaintiffs' Renewed Motion In Limine to Compel Allstate's Compliance with the December 20, 2012 Order and Exclude Evidence of Plaintiffs' Post−2000 Financial Circumstances filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 10/30/2015)
760 RESPONSE in Opposition re 732 MOTION to Modify Statement of Established Facts filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Proposed Order, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(ERCOLE, BRIAN) (Entered: 10/30/2015)
761 RESPONSE in Opposition re 719 MOTION in Limine No. 6 − Motion to Preclude Plaintiffs from Arguing or Presenting Evidence in Support of Their Commission Rates Misrepresentation Theory filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Exhibit P−324 (Sealed), # 3 Exhibit P−325 (Sealed), # 4 Exhibit P−342 (Sealed), # 5 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/30/2015)
762 RESPONSE in Opposition re 721 MOTION in Limine No. 8 − Motion to Exclude Hearsay Testimony by Burton English filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Text of Proposed Order)(GORBEY, JACQUELINE) (Entered: 10/30/2015)
763 DECLARATION IN SUPPORT OF RESPONSE in Opposition re 719 MOTION in Limine No. 6 − Motion to Preclude Plaintiffs from Arguing or Presenting Evidence in Support of Their Commission Rates Misrepresentation Theory Meehan Declaration (Docket 761−1) and additional sealed exhibits filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (Attachments: # 1 Exhibit A (Sealed) to Meehan Declaration Docket No. 761, # 2 Exhibit P−344 (Sealed) to Meehan Declaration Docket No. 761)(MEEHAN, COLEEN) Modified on 11/2/2015 (afm, ). (Entered: 10/30/2015)
764 MOTION to Dismiss the Anzivine and Siegfried Intervenor Complaints filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3)(HEINZ, JORDAN) (Entered: 11/02/2015)

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765 MOTION to Dismiss filed by EDWARD M. LIDDY.Certificate of Service.(LANGEL, JOHN) (Entered: 11/02/2015)
766 EXHIBIT B to Declaration of Coleen M. Meehan, Esq. in Further Support of Plaintiffs' Opposition to Allstate's Motion in Limine No. 5 by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL) (ti, ) Modified on 11/2/2015 (ti, ). (Entered: 11/02/2015)
767 EXHIBITS P−324, P−325, P−342, P−344, and EXHIBIT A to Declaration of Coleen M. Meehan, Esq. in Further Support of Plaintiffs' Opposition to Allstate's Motion in Limine No. 6 by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) Modified on 11/3/2015 (ti, ). (Entered: 11/03/2015)
768 EXHIBIT B to Declaration of Coleen M. Meehan, Esq. in Further Support of Plaintiffs' Opposition to Allstate's Motion in Limine No. 9 by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 11/03/2015)
769 EXHIBIT C to Declaration of Coleen M. Meehan, Esq. in Further Support of Plaintiffs' Opposition to Allstate's Motion in Limine No. 15 by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON. (FILED UNDER SEAL)(ti, ) (Entered: 11/03/2015)
770 Reply in support of its Proposed Findings of Fact and Conclusions of Law for the June 2015 release trial by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. Certificate of Service (HEINZ, JORDAN) Modified on 11/6/2015 (afm, ). (Entered: 11/05/2015)
771 REPLY IN SUPPORT OF ITS Proposed Findings of Fact and Conclusions of Law for the June 2015 release trial by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. Certificate of Service (HEINZ, JORDAN) Modified on 11/6/2015 (afm, ). (Entered: 11/05/2015)
772 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/12/15. 11/12/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/12/2015)
773 ORDER THAT UPON CONSIDERATION OF THE PARTIAL MOTION BY DEFENDANTS ALLSTATE INSURANCE COMPANY, ET AL TO DISMISS PLAITNIFFS' THIRD AMENDED COMPLAINT 656 , THE PARTIAL MOTION BY DEFENDANT EDWARD LIDDY TO DISMISS PLAINTIFFS' THIRD AMENDED COMPLAINT 657 , IT IS HEREBY ORDERED THAT BOTH MOTIONS ARE GRANTED. PLAINTIFFS AND INTERVENORS' STATE LAW BREACH−OF−CONTRACT AND BREACH−OF−FIDUCIARY CLAIMS (COUNTS V−VII IN THE ROMERO THIRD AMENDED COMPLAINT AND COUNTS IV−VI IN THE HARRIS AND MCLAUGHLIN COMPLAINTS) AND PLAINTIFFS AND INTERVENORS' RETALIATION CLAIMS UNDER THE ADEA AND ERISA CONCERNING THEIR TERMINATION OF EMPLOYMENT ARE DISMISSED WITH PREJUDICE. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/10/15. 11/12/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/12/2015)
774 RESPONSE in Support re 738 MOTION in Limine − Plaintiffs' Renewed Motion to Preclude Testimony of Charles A. Shanor filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH

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ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 371 of 745

11/13/2015 11/23/2015

GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 11/12/2015)
775 STIPULATION AND ORDER THAT THE DEADLINE FOR PLAINTIFF−INTERVENORS ANZIVINE AND SIEGFRIED OT RESPOND TO DEFENDANTS' MOTION (DKTS. 764 AND 765) TO 12/17/2015; ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 11/13/15. 11/13/15 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/13/2015)
776 AMENDED DOCUMENT by EARL SIEGFRIED. First Amended Complaint. (MUNLEY, JULIA) Modified on 11/24/2015 (afm, ). (FILED IN ERROR, ATTORNEY FORWARDING ORIGINAL TO CLERKS OFFICE FOR FILING) Modified on 11/24/2015 (afm, ). (Entered: 11/23/2015)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 372 of 745

11/23/2015
11/25/2015 11/25/2015
11/25/2015 11/25/2015 11/25/2015 11/27/2015 11/27/2015 11/27/2015 11/27/2015 11/27/2015

777 AMENDED DOCUMENT by LAWRENCE ANZIVINE, JAMES BANNON, BRUCE BONDS, CHARLES CADY, CHRISTOPHER CHALLENDER, BENNY CHUNN, NICHOLAS COSTANZO, JOSEPH DI BLASI, JOHN DINEEN, JOSEPH ECKERT, CEBIE EDWARDS, WILLIAM FARR, GERALD FLORES, DONALD FRANCHINO, VIRGINIA GANGE, ROBERT GEBLER, PAUL GILLIHAN, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, LARRY HALL, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN HOGAN, WILLIAM HOGAN, DENNIS KARLAN, DONALD MATTINGLY, DONALD MCCRARY, JAMES MORGAN, JOYCE MORGAN, WILLIAM MURTHA, BRIAN PURTLE, CHARLES RANDAZZO, EDWARD RESNER, DONALD RIGGINS, THOMAS SCHNEIDER, JAMES SHUMAKER, LYNN SOWARD, ARTHUR SPEARS, III, NICHOLAS STAVOLA, BRIEN SULLIVAN, CHRISTOPHER SULLIVAN, ROBERT SUTTER, WILLIAM TARRIER, MICHAEL VALENTE, RUBY WATKINS, GARY WEAVER. Amendment to 702 Order on Motion to Intervene,,,,, First Amended Complaint. (VALLI, ROBERT) Modified on 11/24/2015 (afm, ). (FILED IN ERROR, ATTORNEY FORWARDING ORIGINAL TO CLERKS OFFICE FOR FILING) (Entered: 11/23/2015)
778 FIRST AMENDED COMPLAINT together with Jury Demand against all defendants, filed by EARL SIEGFRIED.(ti, ) (Entered: 11/25/2015)
779 REPLY to Response to Motion re 715 MOTION in Limine No. 2 − Motion to Bar and Exclude References to Allstate's July 1999 Board of Directors Meeting and Related Documents filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18)(HEINZ, JORDAN) (Entered: 11/25/2015)
780 REPLY to Response to Motion re 716 MOTION in Limine No. 3 − Motion to Exclude Evidence and Argument Regarding the Allstate Service Allowance Plan and the Allstate Severance Pay Plan filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1)(HEINZ, JORDAN) (Entered: 11/25/2015)
781 REPLY to Response to Motion re 719 MOTION in Limine No. 6 − Motion to Preclude Plaintiffs from Arguing or Presenting Evidence in Support of Their Commission Rates Misrepresentation Theory filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(HEINZ, JORDAN) (Entered: 11/25/2015)
782 REPLY to Response to Motion re 721 MOTION in Limine No. 8 − Motion to Exclude Hearsay Testimony by Burton English filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1)(HEINZ, JORDAN) (Entered: 11/25/2015)
783 ANSWER to 577 Amended Complaint and Defenses by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.(HEINZ, JORDAN) (Entered: 11/27/2015)
784 ANSWER to Complaint Answer & Defenses to Harris Intervenor Complaint by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.(HEINZ, JORDAN) (Entered: 11/27/2015)
785 ANSWER to Complaint Answer & Defenses to McLaughlin Intervenor Complaint by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.(HEINZ, JORDAN) (Entered: 11/27/2015)
786 ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S THIRD AMENDED COMPLAINT by EDWARD M. LIDDY, CERTIFICATE OF SERVICE.(LANGEL, JOHN) Modified on 11/30/2015 (afm, ). (Entered: 11/27/2015)
787 ANSWER AND AFFIRMATIVE DEFENSES TO MCLAUGHLIN INTERVENOR COMPLAINT by EDWARD M. LIDDY, CERTIFICATE OF SERVICE.(LANGEL, JOHN) Modified on 11/30/2015 (afm, ). (Entered: 11/27/2015)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 373 of 745

11/27/2015 11/27/2015

788 ANSWERAND AFFIRMATIVE DEFENSES TO HARRIS INTERVENOR COMPLAINT by EDWARD M. LIDDY, CERTIFICATE OF SERVICE.(LANGEL, JOHN) Modified on 11/30/2015 (afm, ). (Entered: 11/27/2015)
789 MOTION for Reconsideration re 773 Order (Memorandum and/or Opinion),,, Motion for Reconsideration of November 12, 2015 Order or, Alternatively, for Certification of Order for Immediate Appeal filed by Edwin Murray and filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 374 of 745
LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration of Coleen M. Meehan, Esq., # 4 Ex. A, # 5 Ex. B, # 6 Ex. C, # 7 Ex. D, # 8 Ex. E, # 9 Ex. F, # 10 Ex. G, # 11 Certificate of Service)(MEEHAN, COLEEN) (Entered: 11/27/2015)

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11/27/2015 11/30/2015
11/30/2015
11/30/2015 12/01/2015 12/10/2015 12/10/2015 12/14/2015 12/15/2015 12/15/2015

790 FIRST AMENDED COMPLAINT together with Jury Demand against all defendants, filed by LAWRENCE ANZIVINE.(ti, ) (Entered: 11/30/2015)
791 MOTION for Reconsideration re 773 Order (Memorandum and/or Opinion),,, filed by JAMES ARCHER, JOHN CHERUP, WILLIAM COTTON, BRUCE DENLINGER, MARY DIGIULIO, MARYALICE DOYLE, KENNETH FRANCK, JANET HAGGERTY, ANN W. HARRIS, JOHN JUNKNIEWITZ, WILLIAM LEE, LEONARD LICHTY, VICTORIA LICHTY, PAUL LONG, ROBERT MCCARREL, WILLIAM MCLAUGHLIN, WARREN MILLER, LAWRENCE O'HARA, WILLIAM QUAIROLI, ROBERT REBB, JOSEPH ROSATI, WILLIAM SHOVER, GARY SIGLER, PHILLIP SINGER, DEBORAH L. SPEDDING, BRADLEY STECKEL, PAUL TRIMBORN, ATHENA WAGNER, EUGENE WELLER, ROBERT WELLER, GAIL WOLFE.. (Attachments: # 1 Text of Proposed Order)(MUNLEY, JULIA) (Entered: 11/30/2015)
792 Memorandum in Support re 791 MOTION for Reconsideration re 773 Order (Memorandum and/or Opinion),,, filed by JAMES ARCHER, JOHN CHERUP, WILLIAM COTTON, BRUCE DENLINGER, MARY DIGIULIO, MARYALICE DOYLE, KENNETH FRANCK, JANET HAGGERTY, ANN W. HARRIS, JOHN JUNKNIEWITZ, WILLIAM LEE, LEONARD LICHTY, VICTORIA LICHTY, PAUL LONG, ROBERT MCCARREL, WILLIAM MCLAUGHLIN, WARREN MILLER, LAWRENCE O'HARA, PLAN ADMINISTRATOR(ALLSTATE SERVICE ALLOWANCE PLAN), WILLIAM QUAIROLI, ROBERT REBB, JOSEPH ROSATI, WILLIAM SHOVER, GARY SIGLER, PHILLIP SINGER, DEBORAH L. SPEDDING, BRADLEY STECKEL, PAUL TRIMBORN, ATHENA WAGNER, EUGENE WELLER, ROBERT WELLER, GAIL WOLFE. (MUNLEY, JULIA) (Entered: 11/30/2015)
793 MOTION for Leave to File Instantur Replies in Support of its Motions in Limine Nos. 2, 3, 6, and 8 filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 11/30/2015)
794 MOTION for Leave to File First Amended Complaint filed by RODNEY TABOR.First Amended Complaint. (Attachments: # 1 Exhibit 1 − Proposed First Amended Complaint)(GILBERT, JUSTIN) (Entered: 12/01/2015)
795 MOTION to Dismiss the Anzivine and Siegfried Amended Intervenor Complaints filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(HEINZ, JORDAN) Modified on 12/11/2015 (lisad, ). (Entered: 12/10/2015)
796 MOTION to Dismiss the Anzivine and Siegfried Amended Intervenor Complaints filed by EDWARD M. LIDDY.Certificate of Service.(LANGEL, JOHN) (Entered: 12/10/2015)
797 RESPONSE in Opposition re 791 MOTION for Reconsideration re 773 Order (Memorandum and/or Opinion),,, , 789 MOTION for Reconsideration re 773 Order (Memorandum and/or Opinion),,, Motion for Reconsideration of November 12, 2015 Order or, Alternatively, for Certification of Order for Immediate Appeal filed by Edwin Murray and filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 12/14/2015)
798 ANSWER to Complaint Answer & Defenses to Tabor Intervenor Complaint by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.(HEINZ, JORDAN) Modified on 12/17/2015 (tjd). (Entered: 12/15/2015)
799 MOTION for Reconsideration of the December 1, 2015 Order (D.E. 21;22 of Case No. 15−2602), or Alternatively for Certification of Order of Immediate Appeal filed by RODNEY TABOR, PHILLIP ANDERSON, JUDI ALLEN, FREDA SANFORD, KAREN EMMERT, GARY NEWSOM, CHRIS ROGERS, ISABELL HUIE, JOHN SIMERLY, and MICHAEL SIMERLY. Memorandum.(GILBERT, JUSTIN) Modified on 12/17/2015 (tjd, ). (Entered: 12/15/2015)

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12/15/2015 12/16/2015 12/17/2015 12/18/2015 12/18/2015 12/30/2015
12/30/2015

800 ANSWER to Complaint Answer & Affirmative Defenses to Tabor Intervenor Complaint by EDWARD M. LIDDY.(LANGEL, JOHN) (Entered: 12/15/2015)
801 Proposed Order by RODNEY TABOR re 799 MOTION for Reconsideration of the December 1, 2015 Order (D.E. 21;22 of Case No. 15−2602), or Alternatively for Certification of Order of Immediate Appeal . (GILBERT, JUSTIN) Modified on 12/17/2015 (tjd). (Entered: 12/16/2015)
802 MOTION for Leave to File Sur−Reply in Opposition to Allstate's Motions in Limine Nos. 2, 3, and 6 filed by JAMES T. BEVER, A. BURTON ENGLISH, DWIGHT ENGLISH, LARRY H. LANKFORD, SR, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CAROLYN L. PENZO, TIMOTHY WEISMAN, JOHN W. WITTMAN, RALPH J. WOLVERTON.Memorandum, Certificate of Service. (Attachments: # 1 Proposed Order, # 2 Exhibit A)(MEEHAN, COLEEN) (Entered: 12/17/2015)
803 STIPULATION AND ORDER THAT THE DEADLINE FOR PLAINTIFF−INTERVENORS ANZIVINE AND SIEGFRIED'S RESPONSES TO DEFENDANTS' MOTIONS SHALL BE, AND IS HEREBY, EXTENDED TO 1/25/16 AND DEFENDANTS' REPLY SHALL BE, AND IS HEREBY EXTENDED TO 2/25/16. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 12/18/15. 12/18/15 ENTERED AND COPIES MAILED AND E−MAILED.(fdc) (Entered: 12/18/2015)
804 RESPONSE in Opposition re 794 MOTION for Leave to File First Amended Complaint filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 12/18/2015)
805 REPLY to Response to Motion re 791 MOTION for Reconsideration re 773 Order (Memorandum and/or Opinion),,, filed by JAMES ARCHER, JOHN CHERUP, WILLIAM COTTON, BRUCE DENLINGER, MARY DIGIULIO, MARYALICE DOYLE, KENNETH FRANCK, JANET HAGGERTY, ANN W. HARRIS, JOHN JUNKNIEWITZ, WILLIAM LEE, LEONARD LICHTY, VICTORIA LICHTY, PAUL LONG, ROBERT MCCARREL, WILLIAM MCLAUGHLIN, WARREN MILLER, LAWRENCE O'HARA, WILLIAM QUAIROLI, ROBERT REBB, JOSEPH ROSATI, WILLIAM SHOVER, GARY SIGLER, PHILLIP SINGER, DEBORAH L. SPEDDING, BRADLEY STECKEL, PAUL TRIMBORN, ATHENA WAGNER, EUGENE WELLER, ROBERT WELLER, GAIL WOLFE. (MUNLEY, JULIA) (Entered: 12/30/2015)
806 REPLY to Response to Motion re 789 MOTION for Reconsideration re 773 Order (Memorandum and/or Opinion),,, Motion for Reconsideration of November 12, 2015 Order or, Alternatively, for Certification of Order for Immediate Appeal filed by Edwin Murray and filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 377 of 745
COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 378 of 745

01/04/2016 01/04/2016 01/11/2016 01/25/2016 01/25/2016

RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 12/30/2015)
807 MOTION for Pro Hac Vice for Matthew Berman, Esquire on behalf of Intervenor Anzivine, et. al. See list attached to Motion (Filing fee $40 receipt number 135111) filed by LAWRENCE ANZIVINE.(GOLD, SIDNEY) Modified on 2/9/2016 (ti, ). (Entered: 01/04/2016)
808 RESPONSE in Opposition re 799 MOTION for Reconsideration of the December 1, 2015 Order (D.E. 21;22 of Case No. 15−2602), or Alternatively for Certification of Order of Immediate Appeal filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 01/04/2016)
809 ORDER THAT THE APPLICATION OF MATTHEW BERMAN, ESQUIRE, TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/11/16.1/11/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 01/11/2016)
810 ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE RONALD L. BUCKWALTER TO HONORABLE GERALD J. PAPPERT FOR ALL FURTHER PROCEEDINGS. SIGNED BY MICHAEL E. KUNZ, CLERK OF COURT ON 1/25/16. 1/25/16 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) Modified on 1/26/2016 (afm, ). (VACAED PER ORDER 812 ) (Entered: 01/25/2016)
811 RESPONSE in Opposition re 796 MOTION to Dismiss the Anzivine and Siegfried Amended Intervenor Complaints, 795 MOTION to Dismiss the Anzivine and Siegfried Amended Intervenor Complaints filed by LAWRENCE ANZIVINE, JAMES BANNON, BRUCE BONDS, CHARLES CADY, CHRISTOPHER CHALLENDER, BENNY CHUNN, NICHOLAS COSTANZO, JOSEPH DI BLASI, JOHN DINEEN, JOSEPH ECKERT, CEBIE EDWARDS, WILLIAM FARR, GERALD FLORES, DONALD FRANCHINO, VIRGINIA GANGE, ROBERT GEBLER, PAUL GILLIHAN, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, LARRY HALL, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN HOGAN, WILLIAM HOGAN, DENNIS KARLAN, DONALD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 379 of 745

01/26/2016 01/28/2016 01/28/2016
01/28/2016 02/01/2016 02/10/2016

MATTINGLY, DONALD MCCRARY, JAMES MORGAN, JOYCE MORGAN, WILLIAM MURTHA, BRIAN PURTLE, CHARLES RANDAZZO, EDWARD RESNER, DONALD RIGGINS, THOMAS SCHNEIDER, JAMES SHUMAKER, EARL SIEGFRIED, LYNN SOWARD, ARTHUR SPEARS, III, NICHOLAS STAVOLA, BRIEN SULLIVAN, CHRISTOPHER SULLIVAN, ROBERT SUTTER, WILLIAM TARRIER, MICHAEL VALENTE, RUBY WATKINS, GARY WEAVER. (MUNLEY, JULIA) (Entered: 01/25/2016)
812 ORDER VACATING ORDER DATED 1/25/16; FURTHER ORDERED THAT THE ABOVE−CAPTIONED CASES ARE RESTORED TO THE CALENDAR OF THE HONORABLE RONALD L. BUCKWALTER. SIGNED BY MICHAEL E. KUNZ, CLERK OF COURT ON 1/26/16. 1/26/16 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 1/26/2016 (jaa, ). (Entered: 01/26/2016)
813 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/26/16. 1/28/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 01/28/2016)
814 ORDER THAT THE FOLLOWING MOTIONS ARE DENIED WITHOUT PREJUDICE, DEFENDANTS' MOTION TO BAR AND EXCLUDE REFERENCES 714 ; ALLSTATE'S MOTION TO BAR AND EXCLUDE 715 ; ALLSTATE'S MOTION TO EXCLUDE EVIDENCE AND ARGUMENT 716 ; ALLSTATE'S MOTION TO BAR AND EXCLUDE REFERENCES 717 ; ALLSTATE'S MOITON TO EXCLUDE SALES ORGANIZATION 718 ; ALLSTATE'S MOTION TO PRECLUDE 719 ; ALLSTATE'S MOTION TO BAR AND PRECLUDE ANY REFERENCES 720 ; ALLSTATE'S MOTION TO EXCLUDE HEARSAY 721 ; ALLSTATE'S MOTION TO PRECLUDE TESTIMONY 722 ; ALLSTATE'S MOTION TO BAR AND EXCLUDE EVIDENCE 723 ; ALLSTATE'S MOTION TO BAR EVIDENCE 724 ; ALLSTATE'S MOTION TO BAR AND PRECLUDE EVIDENCE 725 ; ALLSTATE'S MOTION TO SEQUESTER 726 ; ALLSTATE'S MOTION TO BAR AND EXCLUDE REFERENCES 727 ; ALLSTATE'S MOTION TO BAR AND EXCLUDE 728 ; ALLSTATE'S MOTION TO PRECLUDE PLAINTIFFS 729 ; ALLSTATE'S MOTION TO PRECLUDE PLAINTIFFS FROM ARGUING 730 ; ALLSTATE'S MOTION TO RENEW ITS MOTIONS 731 ; ALLSTATE'S MOTION TO MODIFY STATEMENT 732 ; PLAINTIFFS' RENEWED MOTION IN LIMINE TO COMPEL 737 ; PLAINTIFFS' RENEWED MOTION TO PRECLUDE TESTIMONY 738 ; AND PLAINTIFFS' MOTION TO AMEND 713 . THE FOLLOWING MOTIONS ARE DENIED AS MOOT, ALLSTATE'S MOTION TO DISMISS 764 ; DEFENDANT EDWARD M. LIDDY'S MOTION TO DISMISS 765 ; ALLSTATE'S MOTION FOR LEAVE TO FILE REPLY BRIEFS 793 ; AND PLAINTIFFS' MOTION FOR LEAVE TO FILE SUR−REPLY 802 . SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/26/16. 1/28/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 01/28/2016)
815 ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST TRIAL PLAINTIFFS ON PLAINTIFFS' RELEASE DEFENSES OF UNCLEAN HANDS AND UNCONSCIONABILITY. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 1/26/16. 1/28/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 01/28/2016)
816 ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE RONALD L. BUCKWALTER TO HONORABLE GERALD J. PAPPERT FOR ALL FURTHER PROCEEDINGS. SIGNED BY MICHAEL E. KUNZ, CLERK OF COURT ON 2/1/16. 2/1/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 02/01/2016)
817 AMENDED JUDGMENT ORDER THAT JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFFS BOYD, CREASE, HARPER, KEARNEY, KELLY, LAWSON, PETERSON, AND REINERIO AND AGAINST DEFENDANTS ON THE ISSUE OF WHETHER THE RELEASE WAS KNOWLINGLY AND VOLUNTARILY SIGNED. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFFS PERKINS AND MURRAY ON THE ISSUE OF WHETHER THE RELEASE WAS KNOWINGLY AND VOLUNTARILY SIGNED. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST TRIAL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 380 of 745

02/11/2016
02/17/2016 02/25/2016 02/25/2016 02/29/2016 03/07/2016 03/07/2016
03/09/2016

PLAINTIFFS ON TRIAL PLAINTIFFS' RELEASE DEFENSES OF UNCLEAN HANDS AND UNCONSCIONABILITY. THE CASE IS CLOSED AS TO PLAINTIFFS PERKINS AND MURRAY. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/10/2016. 2/10/2016 ENTERED AND COPIES MAILED AND E−MAILED.(amas) (Entered: 02/10/2016)
818 MOTION to Amend/Correct 815 Order, Add and Terminate Parties, Add and Terminate Attorneys,,, 813 Memorandum and/or Opinion, 817 Order, Add and Terminate Parties, Add and Terminate Attorneys,,,,,, Plaintiffs' Motion to Amend the Court's January 28, 2016 Findings and Conclusions and February 10, 2016 Amended Judgment Order filed by Edwin Murray and filed by ROGER BOYD, CRAIG K. CREASE, SYLVIA CREWS−KELLY, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Proposed Order)(MEEHAN, COLEEN) (Entered: 02/11/2016)
819 MOTION for Leave to File Memorandum in Excess of Page Limitation filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 02/17/2016)
820 REPLY to Response to Motion re 796 MOTION to Dismiss the Anzivine and Siegfried Amended Intervenor Complaints, 795 MOTION to Dismiss the Anzivine and Siegfried Amended Intervenor Complaints filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (Attachments: # 1 Exhibit 01, # 2 Exhibit 02)(ZOLNER, ERICA) Modified on 2/26/2016 (tjd). (Entered: 02/25/2016)
821 REPLY to Response to Motion re 796 MOTION to Dismiss the Anzivine and Siegfried Amended Intervenor Complaints filed by EDWARD M. LIDDY. Certificate of Service. (LANGEL, JOHN) Modified on 2/26/2016 (tjd). (Entered: 02/25/2016)
822 RESPONSE in Opposition re 818 MOTION to Amend/Correct 815 Order, Add and Terminate Parties, Add and Terminate Attorneys,,, 813 Memorandum and/or Opinion, 817 Order, Add and Terminate Parties, Add and Terminate Attorneys,,,,,, Plaintiffs' Motion to Amend the Co filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(ZOLNER, ERICA) (Entered: 02/29/2016)
823 ORDER THAT ALLSTATES MOTION FOR LEAVE TO FILE ITS MEMORANDUM IN EXCESS OF PAGE LIMITATION IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/7/2016. 3/7/2016 ENTERED AND COPIES MAILED AND E−MAILED.(sg, ) (Entered: 03/07/2016)
824 RESPONSE in Support re 818 MOTION to Amend/Correct 815 Order, Add and Terminate Parties, Add and Terminate Attorneys,,, 813 Memorandum and/or Opinion, 817 Order, Add and Terminate Parties, Add and Terminate Attorneys,,,,,, Plaintiffs' Motion to Amend the Co Plaintiffs' Reply filed by Edwin Murray and filed by ROGER BOYD, CRAIG K. CREASE, SYLVIA CREWS−KELLY, RONALD W. HARPER, MICHAEL P. KEARNEY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. (MEEHAN, COLEEN) (Entered: 03/07/2016)
825 MOTION for Judgment as a Matter of Law Allstate's Renewed Motion for Judgment as a Matter of Law Under Rule 50(b) or, in the Alternative, for a New Trial Under Rule 59 filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service, Declaration. (Attachments: # 1 Memorandum, # 2 Declaration of E. Zolner, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4 (Part 1), # 7 Exhibit 4 (Part 2), # 8 Exhibit 4 (Part 3), # 9 Exhibit 4 (Part 4), # 10 Exhibit 4 (Part 5), # 11 Exhibit 4 (Part 6), # 12 Exhibit 4 (Part 7), # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 8, # 17 Exhibit 9, # 18 Exhibit 10, # 19 Exhibit 11, # 20 Exhibit 12, # 21 Exhibit 13, # 22 Exhibit 14, # 23 Exhibit 15, # 24 Exhibit 16, # 25 Exhibit 17, # 26 Exhibit 18, # 27 Exhibit 19, # 28 Exhibit 20, # 29 Exhibit 21, # 30 Exhibit 22, # 31 Exhibit 23, # 32

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 381 of 745

03/11/2016 03/11/2016 03/15/2016 03/17/2016 03/17/2016 03/17/2016
03/17/2016 03/22/2016 03/23/2016

Exhibit 24, # 33 Exhibit 25, # 34 Exhibit 26, # 35 Exhibit 27, # 36 Exhibit 28, # 37 Exhibit 29)(ZOLNER, ERICA) (Entered: 03/09/2016)
826 MOTION for Leave to File Memorandum in Excess of Page Limitation filed by Edwin Murray and filed by ROGER BOYD, CRAIG K. CREASE, SYLVIA CREWS−KELLY, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO.Certificate of service.(MEEHAN, COLEEN) (Entered: 03/11/2016)
827 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE A MEMORANDUM IN EXCESS OF PAGE LIMIT, IT IS ORDERED THE MOTION IS GRANTED. PERMISSION IS GRANTED IN EXCESS OF 25 PAGES BUT NO MORE THAN 40 PAGES. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/11/16.3/14/16 ENTERED AND COPIES MAILED, E−MAILED.(gs) (Entered: 03/14/2016)
828 STIPULATION AND ORDER THAT BY AND BETWEEN COUNSEL, PLAINTIFFS SHALL HAVE AN ADDITIONAL 7 DAYS TO FILE THEIR OPPOSITION TO ALLSTATE'S MOTION, EXTENDING IT UNTIL 4/4/2016. DEFENDANTS MAY REPLY 14 AFTER PLAINTIFFS FILING. APPROVED AND ORDERED.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/15/16. 3/15/16 ENTERED AND COPIES MAILED, E−MAILED.(gs) (Entered: 03/15/2016)
829 MEMORANDUM AND ORDER THAT ROMERO PLAINTIFFS MOTION FOR RECONSIDERATION OF THE 11/12/15 ORDER OR ALTERNATIVELY FOR CERTIFICATION OF ORDER FOR IMMEDIATE APPEAL ARE GRANTED; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/17/16. 3/17/16 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) Modified on 3/24/2016 (ti, ). (VACATED PER ORDER 836 ) (Entered: 03/17/2016)
830 ORDER THAT ROMERO PLAINTIFFS MOTION FOR RECONSIDERATION OF THE 11/12/15 ORDER OR ALTERNATIVELY FOR CERTIFICATION OF ORDER FOR IMMEDIATE APPEAL ARE GRANTED; ETC.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/17/16. 3/17/16 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) Modified on 3/24/2016 (ti, ). (VACATED PER ORDER 836 ) (Entered: 03/17/2016)
831 ORDER THAT THE TABOR PLAINTIFFS' MOTION FOR RECONSIDERATION 799 IS GRANTED AND THE COURT'S DISMISSAL OF PLAINTIFFS' STATE LAW CLAIMS OF BREACH OF CONTRACT AND BREACH OF FIDUCIARY DUTY ON THE BASIS OF THE TENDER−BACK/RATIFICATION DOCTRINES IS REVERSED. ALLSTATE'S MOTION TO DISMISS THE TABOR PLAINTIFFS' BREACH OF CONTRACT CLAIMS BECAUSE PLAINTIFFS WERE "AT−WILL" EMPLOYEES IS DENIED. THE TABOR PLAINTIFFS' CLAIMS FOR BREACH OF FIDUCIARY DUTY (COUNT VI OF THE COMPLAINT) ARE DISMISSED. THE TABOR PLAINTIFFS' MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT 794 IS GRANTED AND THE FIRST AMENDED COMPLAINT ATTACHED AS EXHIBIT 1 TO THAT MOTION SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/17/16.3/18/16 ENTERED AND COPIES MAILED, E−MAILED.(fdc) Modified on 3/24/2016 (ti, ). (VACATED PER ORDER 836 ) (Entered: 03/18/2016)
832 AMENDED COMPLAINT against THE ALLSTATE CORPORATION, ET. AL., filed by GARY NEWSOM, KAREN EMMERT, FREDA SANFORD, JOHN SIMERLY, JUDI ALLEN, PHILLIP ANDERSON, MICHAEL SIMERLY, RODNEY TABOR, ISABELL HUIE, CHRIS ROGERS.(fdc) Modified on 3/31/2016 (ti, ). (STRICKEN PER ORDER 838 ) Modified on 3/31/2016 (afm, ). Modified on 4/1/2016 (jaa, ). *STRICKEN PER ORDER 3/31/16. (Entered: 03/18/2016)
833 NOTICE of Hearing: TELEPHONE CONFERENCE SET FOR TODAY, MARCH 22, 2016 AT 3:00 PM BEFORE HONORABLE GERALD J. PAPPERT.(kf, ) (Entered: 03/22/2016)
834 Minute Entry for proceedings held before HONORABLE GERALD J. PAPPERT Telephone Conference held on 3/22/16 (ti, ) (Entered: 03/23/2016)

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03/23/2016 03/24/2016 03/31/2016 03/31/2016
04/01/2016 04/04/2016
04/12/2016 04/12/2016 04/13/2016 04/15/2016 04/18/2016

835 NOTICE by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION Notice of Compliance with Local Rule of Civil Procedure 7.1(E) (ZOLNER, ERICA) (Entered: 03/23/2016)
836 ORDER THAT THE COURT'S OPINION AND ORDERS DOCKETED AS ECF NOS. 829 , 830 , AND 831 ARE HEREBY VACATED. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/23/16. 3/24/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/24/2016)
837 STIPULATION Regarding Extension of Time to Answer or Otherwise Respond to Tabor Plaintiffs' First Amended Complaint by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (KATCHEN, KATHERINE) Modified on 3/31/2016 (afm, ). (FILED IN ERROR, FORWARDED TO JUDGE FOR APPROVAL) (Entered: 03/31/2016)
838 ORDER THAT THE COURT'S ORDER DOCKETED AS TABOR V. ALLSTATE, NO. CIV. A. 15−2602, ECF NO. 28 IS HEREBY VACATED. IN ADDITION, THE TABOR AMENDED COMPLAINT − DOCKETED AS ROMERO V. ALLSTATE, NO. CIV. A. 01−3894, ECF NO. 832 AND TABOR V. ALLSTATE, NO. CIV. A. 15−2602, ECF NO. 29 IS STRICKEN. SIGNED BY HONORABLE GERALD J. PAPPERT ON 3/31/16. 3/31/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/31/2016)
839 TRANSCRIPT of Proceedings held on 3/22/16 before Judge Gerald J. Pappert. Court Reporter: Laws Transcription Service. (ti, ) (Entered: 04/01/2016)
840 RESPONSE in Opposition re 825 MOTION for Judgment as a Matter of Law Allstate's Renewed Motion for Judgment as a Matter of Law Under Rule 50(b) or, in the Alternative, for a New Trial Under Rule 59 Filed by Edwin Murray and filed by ROGER BOYD, CRAIG K. CREASE, SYLVIA CREWS−KELLY, RONALD W. HARPER, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, PAULA REINERIO. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit P−3, # 24 Exhibit P−13, # 25 Exhibit P−21, # 26 Exhibit P−39, # 27 Exhibit P−52, # 28 Exhibit P−81, # 29 Exhibit P−103, # 30 Exhibit P−157, # 31 Exhibit P−219, # 32 Exhibit P−225, # 33 Exhibit P−241, # 34 Exhibit P−290, # 35 Exhibit P−326, # 36 Exhibit P−365, # 37 Exhibit P−381, # 38 Exhibit DTX−12, # 39 Exhibit DTX−115)(MEEHAN, COLEEN) (Entered: 04/04/2016)
841 ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE GERALD J. PAPPERT TO THE CALENDAR OF THE HONORABLE MARK A. KEARNEY FOR ALL FURTHER PROCEEDINGS. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 4/11/2016. 4/12/2016 ENTERED AND COPIES MAILED, E−MAILED.(ahf) (Entered: 04/12/2016)
842 MOTION for Leave to File Excess Pages (Unopposed) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service.(ZOLNER, ERICA) (Entered: 04/12/2016)
843 ORDER THAT ALLSTATE INSURANCE'S UNOPPOSED MOTION 842 IS GRANTED MINDFUL THE COURT WILL STRIKE ANY DUPLICATIVE OR REDUNDANT MATERIAL FROM THE OPENING BRIEF. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/13/16.4/13/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 04/13/2016)
844 ORDER THAT COURT SHALL HOLD A RULE 16 SCHEDULING CONFERENCE AND ORAL ARGUMENT ON PENDING MOTIONS ON 4/28/2016 AT 4:00 PM IN COURTROOM 9A. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/15/16. 4/16/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 04/15/2016)
845 ORDER THAT THESE MATTERS ARE CONSOLIDATED FOR ADMINISTRATIVE PURPOSES. THE CLERK SHALL DOCKET ALL FILINGS ON THESE CONSOLIDATED MATTERS UNDER CIVIL ACTION NUMBER

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04/18/2016
04/18/2016 04/26/2016 04/27/2016 04/29/2016 05/02/2016 05/02/2016
05/02/2016 05/03/2016

01−3894. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/18/16. 4/18/16 ENTERED AND COPIES MAILED AND E−MAILED. (fdc) (Entered: 04/18/2016)
846 REPLY to Response to Motion re 825 MOTION for Judgment as a Matter of Law Allstate's Renewed Motion for Judgment as a Matter of Law Under Rule 50(b) or, in the Alternative, for a New Trial Under Rule 59 filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23)(ZOLNER, ERICA) (Entered: 04/18/2016)
847 ORDER THAT ALL COUNSEL SHALL FILE ONE BRIEF NO EXCEEDING TEN (10) PAGES ON OR BEFORE 4/27/2016, ETC. REFERRAL OF ALL DISCOVERY ISSUES AND REGULAR SETTLEMENT CONFERENCES TO MAGISTRATE JUDGE MARILYN HEFFLEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/18/16. 4/19/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 04/19/2016)
848 NOTICE of Appearance by HOWARD D. POPPER on behalf of RODNEY TABOR with Certificate of Service(POPPER, HOWARD) (Entered: 04/26/2016)
849 Joint Brief Pursuant to Court's April 18, 2016 Order by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (KATCHEN, KATHERINE) Modified on 4/27/2016 (afm, ). (Entered: 04/27/2016)
850 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Motion Hearing held on 4/28/16 (ti, ) (Main Document 850 replaced on 4/29/2016) (afm, ). (Entered: 04/29/2016)
851 ORDER THAT THE ABOVE REFERENCED CASES ARE CONSOLIDATED UNTIL FURTHER ORDER TO ALLOW THE COURT AND PARTIES TO RESOLVE "COMMON ISSUES," ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/2/16. 5/2/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/02/2016)
852 ORDER THAT JUDGE BUCKWALTER'S 4/8/2010 200 IS VACATED; UPON ALL PARTIES' THIS CASE IS REFERRED TO MAGISTRATE JUDGE MARILYN HEFFLEY FOR TIMELY AND FINAL RSOLUTION FOR ALL COURT−MANGED SETTLEMENT EFFORTS. PLAINTIFFS ARE GRANTED LEAVE TO FILE A CONSOLIDATED AMENDED COMPLAINT BY 5/20/2016. PHASE I ALL FACT AND EXPERT DISCOVERY SHALL BE SERVED, NOTICED AND COMPLETED BY 9/9/2016. SUMMARY JUDGMENT AND DAUBERT MOTIONS, IF ANY, SHALL BE FILED NO LATER THAN 9/19/2016. NO LATER THAN 11/2/2016, EACH PARTY SHALL FILE A PRETRIAL MEMORANDUM. ALL MOTIONS IN LIMINE SHALL BE FILED ON OR BEFORE 11/7/2016. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 11/30/2016 AT 4:00 PM IN COURTROOM 5−D. PHASE II ALL FACT AND EXPERT DISCOVERY SHALL BE SERVED, NOTICED AND COMPLETED BY 2/24/2017. SUMMARY JUDGMENT AND DAUBERT MOTIONS, IF ANY, SHALL BE FILED NO LATER THAN 3/3/2017. NO LATER THAN 4/10/2017, EACH PARTY SHALL FILE A PRETRIAL MEMORANDUM. ALL MOTIONS IN LIMINE SHALL BE FILED ON OR BEFORE 4/17/2017. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 4/28/2017 AT 4:00 PM IN COURTROOM 5−D. COUNSEL IS ATTACHED FOR JURY SELECTION FOLLOWED BY A FIVE (5) DAY JURY TRIAL ON 5/5/2017. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/2/16. 5/2/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/02/2016)
Set/Reset Hearings(ti, ) (Entered: 05/03/2016)
853 ORDER THAT A TELEPHONE CONFERENCE COURT−MANAGED SETTLEMENT CONFERENCES IN THE ABOVE CAPTIONED CONSOLIDATED CASES IS SCHEDULED FOR 5/10/2016 AT 3:00 PM, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 5/3/16. 5/3/16

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05/03/2016
05/03/2016 05/03/2016
05/04/2016 05/04/2016 05/04/2016
05/10/2016 05/12/2016 05/13/2016 05/13/2016

ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/03/2016)
854 ORDER THAT THE FOLLOWING MOTIONS ARE DENIED AS MOOT WITH LEAVE FOR ALL PARTIES TO TIMELY RENEW GOOD FAITH ARGUMENTS; PLAINTIFFS' MOTIONS FOR RECONSIDERATION (ECF DOC. NOS. 789, 794, 799) IN C.A. NO. 01−3894 AND CROSS DOCKETED IN C.A. NO. 15−2602 (ECF DOC. NO. 23); PLAINTIFFS' MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT (ECF DOC. NO. 794) IN C.A. NO. 01−3894; DEFENDANTS' MOTIONS TO DISMISS (ECF DOC. NOS. 795, 796) IN C.A. NO. 01−3894; AND, DEFENDANTS' MOTION TO DISMISS (ECF DOC. NO. 19) IN C.A. NO. 15−1049. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/3/16.5/3/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/03/2016)
855 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE MARK A. KEARNEY ON 5/3/16. 5/4/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/04/2016)
856 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION TO AMEND 818 , IT IS ORDERED THAT PLAINTIFFS' MOTION IS DENIED AS TO THE JANUARY 28, 2016 FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND GRANTED AS TO THE FEBRUARY 10, 2016 AMENDED JUDGMENT ORDER. WE AMEND THE AMENDED JUDGMENT ORDER 817 TO CONFIRM COUNSELS' AGREEMENT ON THE EFFECT OF THE JURY VERDICT: JUDGMENT IS ENTERED ON THE JURY VERDICTS IN FAVOR OF PLAINTIFFS BOYD, CREASE, HARPER, KEARNEY, KELY, LAWSON, PETERSON, AND REINERIO AND THE RELEASE IS UNENFORCEABLE AS TO ALL OF THEIR FEDERAL AND STATE CLAIMS. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/3/16. 5/4/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/04/2016)
857 ORDER GOVERNING DISCOVERY POLICIES AND PROCEDURES BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 5/4/16. 5/4/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/04/2016)
858 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/4/16. 5/4/16 ENTERED AND COPIES MAILED/EMAILED TO COUNSEL AND COPY TO LEGAL.(jaa, ) (Entered: 05/04/2016)
859 ORDER THAT DEFENDANTS' RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW UNDER RULE 50(B) OR, IN THE ALTERNATIVE, FOR A NEW TRIAL UNDER RULE 59, PLAINTIFFS' OPPOSITION, DEFENDANTS' REPLY AND FOR REASONS IN THE ACCOMPANY MEMORANDUM IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/4/16. 5/4/16 ENTERED AND COPIES MAILED/EMAILED TO COUNSEL AND COPY TO LEGAL.(jaa, ) (Entered: 05/04/2016)
860 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 5/10/16. (jaa, ) (Entered: 05/11/2016)
861 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held via on 5/12/16. (ti, ) Modified on 5/13/2016 (afm, ). (afm, ). (Entered: 05/12/2016)
862 ORDER THAT SETTLEMENT CONFERENCE SET FOR 6/27/2016 09:30 AM IN JUDGE CHAMBERS BEFORE MAGISTRATE JUDGE MARILYN HEFFLEY. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 5/13/16. 5/16/16 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 5/16/2016 (jaa, ). (Entered: 05/16/2016)
863 ORDER THAT BY 5/27/2016, COUNSEL FOR THE PARTIES SHALL FAX OR EMAIL CORRESPONDENCE TO JUDGE HEFFLEY SUMAMRIZING ALL PRIOR EFFORTS TO RESOLVE THE LITIGATION, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 5/13/16. 5/16/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/16/2016)

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05/20/2016 05/24/2016 06/03/2016
06/03/2016 06/09/2016 06/17/2016

864 CLASS ACTION−CONSOLIDATED AMENDED COMPLAINT WITH CERTIFICATE OF SERVICE FILED BY COLEEN M. MEEHAN(jaa, ) (Entered: 05/23/2016)
865 Transcript of Proceedings/ motions hearing held on 4/28/16, before the HONORABLE JUDGE MARK A. KEARNEY and HONORABLE MAGISTRATE JUDGE MARILYN HEFFLEY. Court Reporter/Transcriber Drummond Transcription Services. (ti, ) Modified on 5/24/2016 (afm, ). (Entered: 05/24/2016)
866 MOTION to Dismiss Allstate's Partial Motion to Dismiss Plaintiffs' Consolidated Amended Complaint filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 06/03/2016)
867 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by EDWARD M. LIDDY.Certificate of Service.(LANGEL, JOHN) (Entered: 06/03/2016)
868 NOTICE of Withdrawal of Appearance together with Certificate of Service by PAUL D. WELLER on behalf of GENE R. ROMERO(ti, ) (Entered: 06/09/2016)
869 RESPONSE in Opposition re 867 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 866 MOTION to Dismiss Allstate's Partial Motion to Dismiss Plaintiffs' Consolidated Amended Complaint filed by Edwin Murray and filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 386 of 745
MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 387 of 745

06/20/2016 06/24/2016
06/24/2016 06/27/2016 06/29/2016

ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, # 3 Exhibit 1, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M)(MEEHAN, COLEEN) (Entered: 06/17/2016)
870 NOTICE of Withdrawal of Appearance by MARY KAY COSTELLO on behalf of ALLSTATE INSURANCE COMPANY(COSTELLO, MARY) (Entered: 06/20/2016)
871 REPLY to Response to Motion re 866 MOTION to Dismiss Allstate's Partial Motion to Dismiss Plaintiffs' Consolidated Amended Complaint filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (ZOLNER, ERICA) (Entered: 06/24/2016)
872 REPLY to Response to Motion re 867 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by EDWARD M. LIDDY. (LANGEL, JOHN) (Entered: 06/24/2016)
873 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 6/27/16. (ti, ) (Entered: 06/27/2016)
874 ORDER THAT A SECOND SETTLEMENT CONFERENCE WILL BE HELD IN ROOM 4001, 4TH FLOOR, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA 19106 ON 8/10/2016 COMMENCING AT 2:00 PM. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 6/29/16. 6/29/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 06/29/2016)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 388 of 745

07/06/2016 07/06/2016 07/18/2016 07/19/2016
07/19/2016 07/20/2016
07/20/2016 07/20/2016 07/21/2016 07/21/2016

875 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/6/16. 7/6/16 ENTERED AND COPIES MAILED AND E−MAILED.(mbh, ) (Entered: 07/06/2016)
876 ORDER THAT THE MOTIONS TO DISMISS PLAINTIFFS' STATE LAW CLAIMS ARE GRANTED IN PART AND DENIED IN PART. DEFENDANTS SHALL ANSWER THE CONSOLIDATED COMPLAINT NO LATER THAN 7/20/16. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/6/16. 7/6/16 ENTERED AND COPIES MAILED AND E−MAILED.(mbh, ) (Entered: 07/06/2016)
877 MOTION re 852 Scheduling Order,,,,, 851 Order Allstate's Motion for a Teleconference to Obtain Clarification Regarding the Court's Case Management Order and Consolidation Order filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Certificate of Service. (Attachments: # 1 Exhibit 1)(HEINZ, JORDAN) (Entered: 07/18/2016)
878 ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION FOR A TELEPHONE CONFERENCE TO CLARIFY OUR CASE MANAGEMENT AND CONSOLIDATION ORDER, IT IS ORDERED THAT DEFENDANTS' MOTION 877 IS GRANTED AND WE SHALL HOLD A TELEPHONE CONFERENCE ON 7/21/2016, AT 11:45 AM, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/19/16.7/19/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 07/19/2016)
Set/Reset Hearings(ti, ) (Entered: 07/19/2016)
879 MOTION for Reconsideration re 875 Memorandum and/or Opinion, 876 Order (Memorandum and/or Opinion), filed by LAWRENCE ANZIVINE, JAMES BANNON, BRUCE BONDS, CHARLES CADY, CHRISTOPHER CHALLENDER, BENNY CHUNN, NICHOLAS COSTANZO, JOSEPH DI BLASI, JOHN DINEEN, JOSEPH ECKERT, CEBIE EDWARDS, WILLIAM FARR, GERALD FLORES, DONALD FRANCHINO, VIRGINIA GANGE, ROBERT GEBLER, PAUL GILLIHAN, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, LARRY HALL, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN HOGAN, WILLIAM HOGAN, DENNIS KARLAN, DONALD MATTINGLY, DONALD MCCRARY, JAMES MORGAN, JOYCE MORGAN, WILLIAM MURTHA, BRIAN PURTLE, CHARLES RANDAZZO, EDWARD RESNER, DONALD RIGGINS, THOMAS SCHNEIDER, JAMES SHUMAKER, LYNN SOWARD, ARTHUR SPEARS, III, NICHOLAS STAVOLA, BRIEN SULLIVAN, CHRISTOPHER SULLIVAN, ROBERT SUTTER, WILLIAM TARRIER, MICHAEL VALENTE, RUBY WATKINS, GARY WEAVER. Memorandum, Certificate of Service. (Attachments: # 1 Memorandum Memorandum in Support, # 2 Text of Proposed Order Proposed Order)(VALLI, ROBERT) Modified on 7/21/2016 (tjd). (Entered: 07/20/2016)
880 ANSWER to 864 Amended Complaint by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service.(HEINZ, JORDAN) Modified on 7/21/2016 (tjd). (Entered: 07/20/2016)
881 ANSWER to 864 Amended Complaint by EDWARD M. LIDDY. Affirmative Defenses, Certificate of Service.(LANGEL, JOHN) Modified on 7/21/2016 (tjd). (Entered: 07/20/2016)
882 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held with all counsel on 7/21/16 (ti, ) (Entered: 07/21/2016)
883 ORDER THAT THE FOUR (4) DAY NON−JURY ERISA TRIAL BEGINNING ON 12/2/2016, DESIGNATED AS PHASE I BY OUR 5/2/2016 SCHEDULING ORDER 852 SHALL ONLY RESOLVE ALLEGED VIOLATIONS OF THE ANTI−CUTBACK PROVISIONS OF ERISA; ON OR BEFORE 7/25/2016, DEFENDANTS SHALL FAX A LETTER TO CHAMBERS DETAILING ANY TRIAL ATTACHMENT CONFLICTING WITH OUR BEGINNING THE PHASE II JURY TRIAL ON 4/7/2017 OR SHORTLY THEREAFTER; ON OR BEFORE 8/5/2016, DEFENDANTS SHALL FILE A STATUS MEMORANDUM NOT EXCEEDING SEVEN (7) PAGES; ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/21/16. 7/22/16 ENTERED AND COPIES MAILED,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 389 of 745

08/02/2016
08/05/2016 08/11/2016 08/11/2016
08/11/2016
08/16/2016 08/16/2016 08/22/2016 08/22/2016 08/24/2016 08/24/2016 08/29/2016 08/30/2016

E−MAILED.(ti, ) (Entered: 07/22/2016)
884 ORDER THAT PLAINTIFFS MOTION FOR RECONSIDERATION IS GRANTED AND THE SECOND PARAGRAPH OF THE 7/6/16 ORDER IS VACATED. DEFENDANTS SHALL FILE AN AMENDED ANSWER TO THE CONSOLIDATED COMPLAINT RESPONDING ONLY TO THE ANZIVINE PLAINTIFFS ERISA & 510 CLAIMS NO LATER THAN 8/16/16; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/2/16. 8/2/16 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 08/02/2016)
885 STATUS REPORT Joint Status Memorandum Regarding Damages and Relief Issues by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 08/05/2016)
886 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 8/10/16. (ti, ) (Entered: 08/11/2016)
887 ORDER THAT THE FOLLOWING TELEPHONE CONFERENCES, WITH PLAINTIFFS' COUNSEL ONLY, REGARDING COURT−MANAGED SETTLEMMENT CONFERENCE IN THE ABOVE−CAPTIONED CONSOLIDATED CASES ARE SCHEDULED FOR THE FOLLOWING: 8/19/2016, AT 9:00 AM; 8/26/2016, AT 9:00 AM; 9/1/2016, AT 2:00 PM; 9/9/2016, AT 9:00 AM; AND 9/16/2016, AT 9:00 AM. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 8/11/16. 8/11/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/11/2016)
888 ORDER THAT THE FOLLOWING TELEPHONE CONFERENCES, WITH DEFENSE COUNSEL ONLY, REGARDING COURT−MANAGED SETTLEMMENT CONFERENCE IN THE ABOVE−CAPTIONED CONSOLIDATED CASES ARE SCHEDULED FOR THE FOLLOWING: 8/19/2016, AT 10:00 AM; 8/26/2016, AT 10:00 AM; 9/1/2016, AT 3:00 PM; 9/9/2016, AT 10:00 AM; AND 9/16/2016, AT 10:00 AM, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 8/11/16. 8/11/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/11/2016)
889 AMENDED ANSWER to Complaint 864 Amended Complaint Amended Answer and Defenses to Plaintiffs' Consolidated Amended Complaint by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 08/16/2016)
890 Amended ANSWER to Complaint 864 Amended Complaint by EDWARD M. LIDDY.(LANGEL, JOHN) (Entered: 08/16/2016)
891 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Plaintiff's counsel on 8/19/16. (ti, ) (Entered: 08/22/2016)
892 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Defense counsel on 8/19/16. (ti, ) (Entered: 08/22/2016)
893 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Plaintiff's counsel in the above−captioned matter on 8/23/16. (ti, ) (Entered: 08/24/2016)
894 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Defense counsel in the above−captioned matter on 8/23/16. (ti, ) (Entered: 08/24/2016)
895 MOTION for Clarification Motion to Clarify July 21, 2016 Trial Scheduling Order filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Transcript Excerpts, # 3 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 08/29/2016)
896 ORDER THAT THE TELEPHONE CONFERENCES WITH COUNSEL FOR PLAINTIFFS AND THE DEFENDANTS REGARDING COURT−MANAGED SETTLEMENT CONFERENCES IN THE ABOVE−CAPTIONED

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 390 of 745

08/30/2016 08/30/2016 08/31/2016
09/02/2016

CONSOLIDATED CASE ARE CANCELLED, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 8/30/16. 8/30/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/30/2016)
897 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Plaintiff's counsel on 8/26/16 (ti, ) (Entered: 08/30/2016)
898 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Defense counsel on 8/26/16 (ti, ) (Entered: 08/30/2016)
899 MOTION for Judgment on the Pleadings as to Plaintiff Ian O'Connor filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Declaration of E. Zolner, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 08/31/2016)
900 MOTION to Amend/Correct − Plaintiffs' Motion for a Teleconference and to Correct A Mistake in the Court's July 21, 2016 Trial Scheduling Order (Dkt. No. 883) filed by CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE

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ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN

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J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MEEHAN, COLEEN) (Entered: 09/02/2016)
901 ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO CLARIFY 895 , PLAINTIFFS' MOTION TO CORRECT 900 , IT IS ORDERED THAT PARTIES' MOTIONS ARE DENIED IN PART AS WE CLARIFY OUR 7/21/2016 ORDER 883 ONLY TO AMEND PARAGRAPH 6 TO INCLUDE ADEA DISPARATE TREATMENT CLAIMS WILL BE ALSO BE RESOLVED AFTE THE PHASE II TRIAL AND AFTER CONSIDERING THE PARTIES' INPUT UNDER OUT 5/2/2016 SCHEDULING ORDER 852 , ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/6/16.9/6/16 ENTERED AND COPIES MAILED, E−MAILED. (ti, ) (Entered: 09/06/2016)
902 MOTION for Protective Order Concerning Plaintiffs' Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Declaration of J.Heinz, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 09/06/2016)
MOTIONS REFERRED: 902 MOTION for Protective Order Concerning Plaintiffs' Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) Motions referred to MARILYN HEFFLEY. (afm, ) (Entered: 09/07/2016)
903 MOTION for Pro Hac Vice of Eric Field filed by ALLSTATE INSURANCE COMPANY. (FEE PAID ON 09/08/2016) Certificate of Service.(KATCHEN, KATHERINE) Modified on 9/8/2016 (ti, ). (Entered: 09/08/2016)

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904 ORDER THAT APPLICATION OF ERIC FIELD, ESQUIRE 903 TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS DENIED WITHOUT PREJUDICE, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/8/16.9/8/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/08/2016)
905 Amended MOTION for Pro Hac Vice for Eric Field filed by ALLSTATE INSURANCE COMPANY.Certificate of Service.(KATCHEN, KATHERINE) (Entered: 09/09/2016)
906 LETTER RESPONSE to Motion re 902 MOTION for Protective Order Concerning Plaintiffs' Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D.

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GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO

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09/09/2016 09/09/2016 09/12/2016 09/13/2016 09/15/2016
09/15/2016

D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Certificate of Service, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Proposed Order)(MEEHAN, COLEEN) Modified on 9/12/2016 (afm, ). (Entered: 09/09/2016)
907 ORDER THAT THE MOTION OF ERIC FIELD, ESQUIRE 905 TO PRACTICE IN THIS COURT UNDER LOCAL RULE FO CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/9/16.9/12/16 ENTERED AND ECF APPLICATION & COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/12/2016)
908 Application for Admission Pro Hac Vice of Eric Field filed by ALLSTATE INSURANCE COMPANY and THE ALLSTATE CORPORATION, Affidavit, Certificate of Service. (mbh, ) (Entered: 09/12/2016)
909 ORDER THAT UPON CONSIDERATION OF THE MOTION OF ERIC FIELD, ESQUIRE 908 , IT IS ORDERED MR. FIELD'S DUPLICATIVE MOTION 908 IS DENIED AS MOOT. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/12/16. 9/12/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/12/2016)
910 ORDER THAT THE PARTIES ARE DIRECTED TO CONTINUE THEIR EFFORTS; AND THE COURT WILL HOLD A TELEPHONIC STATUS CONFERENCE ON 9/16/2016, AT 9:30 AM, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 9/13/16. 9/13/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) Modified on 9/14/2016 (ti, ). (Entered: 09/13/2016)
911 MOTION for Pro Hac Vice of John Mulcahey and Withdrawal of the Appearance of Julia Munley, Esquire filed by JAMES ARCHER, JOHN CHERUP, WILLIAM COTTON, BRUCE DENLINGER, MARY DIGIULIO, MARYALICE DOYLE, KENNETH FRANCK, JANET HAGGERTY, ANN W. HARRIS, JOHN JUNKNIEWITZ, WILLIAM LEE, LEONARD LICHTY, VICTORIA LICHTY, PAUL LONG, ROBERT MCCARREL, WILLIAM MCLAUGHLIN, WARREN MILLER, LAWRENCE O'HARA, WILLIAM QUAIROLI, ROBERT REBB, JOSEPH ROSATI, WILLIAM SHOVER, EARL SIEGFRIED, PHILLIP SINGER, DEBORAH L. SPEDDING, BRADLEY STECKEL, PAUL TRIMBORN, ATHENA WAGNER, EUGENE WELLER, ROBERT WELLER, GAIL WOLFE. Sponsor's Statement, Certificate of Service. (MUNLEY, JAMES) Modified on 9/16/2016 (lisad, ). Modified on 9/20/2016 (ti, ). (FILING FEE PAID 9/20/16) (Entered: 09/15/2016)
912 MOTION for Pro Hac Vice of Katie Nealon and Withdrawal of the Appearance of Julia Munley, Esquire filed by JAMES ARCHER, JOHN CHERUP, WILLIAM

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 396 of 745

09/16/2016 09/16/2016 09/16/2016 09/19/2016
09/19/2016 09/19/2016 09/19/2016
09/19/2016

COTTON, BRUCE DENLINGER, MARY DIGIULIO, MARYALICE DOYLE, KENNETH FRANCK, JANET HAGGERTY, JOHN JUNKNIEWITZ, WILLIAM LEE, LEONARD LICHTY, VICTORIA LICHTY, PAUL LONG, ROBERT MCCARREL, WILLIAM MCLAUGHLIN, WARREN MILLER, LAWRENCE O'HARA, WILLIAM QUAIROLI, ROBERT REBB, JOSEPH ROSATI, WILLIAM SHOVER, EARL SIEGFRIED, PHILLIP SINGER, DEBORAH L. SPEDDING, BRADLEY STECKEL, PAUL TRIMBORN, ATHENA WAGNER, EUGENE WELLER, ROBERT WELLER, GAIL WOLFE. Sponsor's Statement, Certificate of Service. (MUNLEY, JAMES) Modified on 9/16/2016 (lisad, ). Modified on 9/20/2016 (ti, ). (FILING FEE PAID 9/20/16) (Entered: 09/15/2016)
913 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 9/16/16. (ti, ) (Entered: 09/16/2016)
914 ORDER THAT THE MOTION OS JOHN MULCAHEY, ESQUIRE 911 TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/16/16.9/16/16 ENTERED AND ECF APPLICATION & COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/16/2016)
915 ORDER THAT THE MOTION OF KATIE NEALON, ESQUIRE 912 TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/16/16.9/16/16 ENTERED AND ECF APPLICATION & COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/16/2016)
916 RESPONSE in Opposition re 899 MOTION for Judgment on the Pleadings as to Plaintiff Ian O'Connor filed by Plaintiff Ian O'Connor filed by IAN O'CONNOR. (Attachments: # 1 Declaration of Michael Lieder in Support of Romero and Abell Plaintiffs' Opposition to Allstate's Phase I Rule 12(C) Motion for Judgment on the Pleadings as to Plaintiff Ian O'Connor, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Proposed Order)(MEEHAN, COLEEN) Modified on 9/20/2016 (ti, ). (Entered: 09/19/2016)
917 MOTION for Summary Judgment "Phase I" Motion for Summary Judgment filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 09/19/2016)
918 Statement Statement of Undisputed Facts in Support of the Allstate Defendants' "Phase I" Motion for Summary Judgment by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix Table of Contents)(ZOLNER, ERICA) (Entered: 09/19/2016)
919 MOTION to Exclude Opinions of Plaintiffs' Expert Ian H. Altman Under Daubert, Federal Rule of Evidence 702, and Federal Rule of Civil Procedure 26 filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Declaration of E. Zolner, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 09/19/2016)
920 MOTION to Exclude Expert Reports and Testimony of Lawrence Sher filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 397 of 745
DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 398 of 745
RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 399 of 745

09/19/2016
09/20/2016 09/20/2016 09/20/2016 09/22/2016

D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Text of Proposed Order)(MEEHAN, COLEEN) (Entered: 09/20/2016)
921 Statement Declaration of Erica B. Zolner in Support of The Allstate Defendants' Statement of Undisputed Facts in Support of Their "Phase I" Motion for Summary Judgment (Dkt. No. 918) by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18 (Part 1 of 3), # 19 Exhibit 18 (Part 2 of 3), # 20 Exhibit 18 (Part 3 of 3), # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit 41, # 44 Exhibit 42, # 45 Exhibit 43, # 46 Exhibit 44, # 47 Exhibit 45, # 48 Exhibit 46, # 49 Exhibit 47, # 50 Exhibit 48, # 51 Exhibit 49, # 52 Exhibit 50, # 53 Exhibit 51, # 54 Exhibit 52, # 55 Exhibit 53, # 56 Exhibit 54, # 57 Exhibit 55, # 58 Exhibit 56, # 59 Exhibit 57, # 60 Exhibit 58, # 61 Exhibit 59, # 62 Exhibit 60, # 63 Exhibit 61, # 64 Exhibit 62, # 65 Exhibit 63, # 66 Exhibit 64, # 67 Exhibit 65, # 68 Exhibit 66, # 69 Exhibit 67, # 70 Exhibit 68, # 71 Exhibit 69, # 72 Exhibit 70, # 73 Exhibit 71, # 74 Exhibit 72, # 75 Exhibit 73, # 76 Exhibit 74, # 77 Exhibit 75, # 78 Exhibit 76, # 79 Exhibit 77, # 80 Exhibit 78, # 81 Exhibit 79, # 82 Exhibit 80, # 83 Exhibit 81, # 84 Exhibit 82, # 85 Exhibit 83, # 86 Exhibit 84, # 87 Exhibit 85, # 88 Exhibit 86, # 89 Exhibit 87, # 90 Exhibit 88, # 91 Exhibit 89, # 92 Exhibit 90 (Part 1 of 4), # 93 Exhibit 90 (Part 2 of 4), # 94 Exhibit 90 (Part 3 of 4), # 95 Exhibit 90 (Part 4 of 4), # 96 Exhibit 91, # 97 Exhibit 92, # 98 Exhibit 93, # 99 Exhibit 94, # 100 Exhibit 95, # 101 Exhibit 96, # 102 Exhibit 97, # 103 Exhibit 98, # 104 Exhibit 99, # 105 Exhibit 100, # 106 Exhibit 101 (Part 1 of 2), # 107 Exhibit 101 (Part 2 of 2), # 108 Exhibit 102, # 109 Exhibit 103, # 110 Exhibit 104, # 111 Exhibit 105, # 112 Exhibit 106, # 113 Exhibit 107, # 114 Exhibit 108, # 115 Exhibit 109, # 116 Exhibit 110, # 117 Exhibit 111, # 118 Exhibit 112, # 119 Exhibit 113, # 120 Exhibit 114, # 121 Exhibit 115, # 122 Exhibit 116, # 123 Exhibit 117, # 124 Exhibit 118, # 125 Exhibit 119, # 126 Exhibit 120, # 127 Exhibit 121, # 128 Exhibit 122, # 129 Exhibit 123, # 130 Exhibit 124, # 131 Exhibit 125, # 132 Exhibit 126, # 133 Exhibit 127, # 134 Exhibit 128)(ZOLNER, ERICA) (Attachment 110 replaced on 9/22/2016) (ti, ). (Entered: 09/20/2016)
922 MOTION to Seal Document 921 Statement,,,,,,,,,,,, Allstate Defendants' Unopposed Motion for Leave to File Exhibit No. 104 (Dkt. No. 921−110) Under Seal filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 09/20/2016)
923 Statement Amended Statement of Undisputed Facts in Support of the Allstate Defendants' "Phase I" Motion for Summary Judgment by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (ZOLNER, ERICA) (Entered: 09/20/2016)
924 ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION 922 , IT IS ORDERED THAT THE MOTION IS GRANTED IN PART AND DEFENDANTS SHALL REDACT ONLY THE SOCIAL SECURITY NUMBERS IN THE SECOND COLUMN OF EXHIBIT NO. 104 NO LATER THAN 9/23/2016. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/20/16.9/20/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/20/2016)
925 STIPULATION Concerning 30(b)(6) Deposition Topic 31 by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 400 of 745
GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 401 of 745
GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR

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09/22/2016 09/23/2016
09/27/2016 09/28/2016
09/29/2016 10/05/2016 10/05/2016

WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 09/22/2016)
926 ORDER−MEMORANDUM THAT UPON CONSIDERATION OF DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AS TO PLAINTIFF IAN O'CONNOR 899 , IT IS ORDERED THAT DEFENDANTS' MOTION IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/22/16.9/22/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/22/2016)
927 STIPULATION AND ORDER THAT DURING THE PERIOD FROM 1990 THROUGH THE END OF OCTOBER 1999, IT WAS ALLSTATE'S POLICY THAT R830 AND R1500 EMPLOYEE AGENTS COULD VOLUNTARILY APPLY TO ALLSTATE AND REQUEST ALLSTATE'S PERMISSION TO CONVERT TO THE EXCLUSIVE AGENT CONTRACT. IF ALLSTATE DETERMINED THAT THEY SATISFIED ALLSTATE'S REQUIREMENTS FOR CONVERSION, THEY WERE PERMITTED TO VOLUNTARILY CONVERT, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 9/23/16. 9/23/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/23/2016)
928 ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT 917 AND PENDING MOTIONS IN LIMINE (ECF DOC. NOS. 919 , 920 ) IT IS ORDERED THAT COURT WILL HEARL ORAL ARGUMENT ON 10/17/2016, AT 10:00 AM LIMITED TO ONE (1) HOUR FOR EACH SIDE IN A COURTROOM TO BE DETERMINED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/27/16. 9/27/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/27/2016)
929 ORDER THAT WE AMEND OUR 9/27/16 ORDER [#928] ONLY TO SCHEDULE ORAL ARGUMENT FOR 10:00 AM ON 10/27/16. WE AMEND OUR 5/2/16 ORDER [#852]: EACH PARTY SHALL FILE PRETRIAL MEMORANDA COMPLIANT WITH THE COURT'S POLICIES NO LATER THAN 11/7/16. ALL MOTIONS IN LIMINE SHALL BE FILED ON OR BEFORE 11/11/16 WITH RESPONSES FILED ON OR BEFORE 11/21/16; AND, NO OTHER OBLIGATIONS ARE AFFECTED BY THIS ORDER. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/28/16. 9/28/16 ENTERED AND COPIES MAILED & E−MAILED.(fdc) (Entered: 09/28/2016)
930 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held on 9/29/16. (ti, ) (Entered: 09/29/2016)
931 RESPONSE in Opposition re 920 MOTION to Exclude Expert Reports and Testimony of Lawrence Sher filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 10/05/2016)
932 RESPONSE in Opposition re 919 MOTION to Exclude Opinions of Plaintiffs' Expert Ian H. Altman Under Daubert, Federal Rule of Evidence 702, and Federal Rule of Civil Procedure 26 filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY,

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HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 404 of 745
LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 405 of 745

10/05/2016

ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Brief in support of Opposition, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Text of Proposed Order, # 5 Certificate of Service)(MARSTON, DAVID) (Entered: 10/05/2016)
933 RESPONSE in Opposition re 917 MOTION for Summary Judgment "Phase I" Motion for Summary Judgment filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 406 of 745
GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 407 of 745

10/06/2016

DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Plaintiffs' Statement of Material Facts in Response to the Allstate Defendants' Amended Statement of "Undisputed" Facts and in Oppposition to the Allstate Defendants' "Phase I" Motion for Summary Judgment, # 2 Appendix in Support of Plaintiffs' Statement of Material Facts in Response to the Allstate Defendants' Amended Statement of "Undisputed" Facts and in Opposition to the Allstate Defendants' "Phase I" Motion for Summary Judgment, # 3 Declaration of Coleen M. Meehan, # 4 Exhibit 129, # 5 Exhibit 130, # 6 Exhibit 131, # 7 Exhibit 132 (Part 1), # 8 Exhibit 132 (Part 2), # 9 Exhibit 133, # 10 Exhibit 134, # 11 Exhibit 135, # 12 Exhibit 136, # 13 Exhibit 137, # 14 Exhibit 138, # 15 Exhibit 139, # 16 Exhibit 140 (Part 1), # 17 Exhibit 140 (Part 2), # 18 Exhibit 141, # 19 Exhibit 142, # 20 Exhibit 143, # 21 Exhibit 144, # 22 Exhibit 145, # 23 Exhibit 146, # 24 Exhibit 147, # 25 Exhibit 148, # 26 Exhibit 149, # 27 Exhibit 150, # 28 Exhibit 151, # 29 Exhibit 152, # 30 Exhibit 153, # 31 Exhibit 154, # 32 Exhibit 155, # 33 Exhibit 156, # 34 Exhibit 157, # 35 Exhibit 158, # 36 Exhibit 159, # 37 Exhibit 160, # 38 Exhibit 161, # 39 Exhibit 162, # 40 Exhibit 163, # 41 Exhibit 164, # 42 Exhibit 165, # 43 Exhibit 166, # 44 Exhibit 167, # 45 Exhibit 168, # 46 Exhibit 169, # 47 Exhibit 170, # 48 Exhibit 171, # 49 Exhibit 172, # 50 Exhibit 173, # 51 Exhibit 174, # 52 Exhibit 175, # 53 Exhibit 176, # 54 Exhibit 177, # 55 Exhibit 178, # 56 Exhibit 179, # 57 Exhibit 180, # 58 Exhibit 181, # 59 Exhibit 182, # 60 Exhibit 183, # 61 Exhibit 184, # 62 Exhibit 185, # 63 Exhibit 186, # 64 Exhibit 187, # 65 Exhibit 188, # 66 Exhibit 189, # 67 Exhibit 190, # 68 Exhibit 191, # 69 Exhibit 192, # 70 Exhibit 193, # 71 Exhibit 194, # 72 Exhibit 195, # 73 Exhibit 196 (Part 1), # 74 Exhibit 196 (Part 2), # 75 Exhibit 197, # 76 Exhibit 198, # 77 Exhibit 199, # 78 Exhibit 200, # 79 Exhibit 201, # 80 Exhibit 202 (Part 1), # 81 Exhibit 202 (Part 2), # 82 Exhibit 203, # 83 Exhibit 204, # 84 Exhibit 205, # 85 Exhibit 206, # 86 Exhibit 207, # 87 Exhibit 208, # 88 Exhibit 209, # 89 Exhibit 210, # 90 Exhibit 211, # 91 Exhibit 212, # 92 Exhibit 213, # 93 Exhibit 214, # 94 Exhibit 215, # 95 Exhibit 216, # 96 Exhibit 217, # 97 Exhibit 218, # 98 Exhibit 219, # 99 Exhibit 220, # 100 Exhibit 221, # 101 Exhibit 223, # 102 Exhibit 224, # 103 Exhibit 225, # 104 Exhibit 226, # 105 Exhibit 227, # 106 Exhibit 228, # 107 Exhibit 229, # 108 Exhibit 222, # 109 Exhibit 230, # 110 Exhibit 231, # 111 Exhibit 232, # 112 Exhibit 233, # 113 Exhibit 234, # 114 Exhibit 235, # 115 Proposed Order)(MEEHAN, COLEEN) (Entered: 10/05/2016)
934 Exhibit List Amended Appendix in Support of Plaintiffs' Statement of Material Facts in Response to the Allstate Defendants' Amended Statement of "Undisputed" Facts and in Opposition to the Allstate Defendants' "Phase I" Motion for Summary Judgment by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 408 of 745
RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 409 of 745
MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 410 of 745

10/07/2016 10/11/2016
10/12/2016 10/12/2016

VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.. (MEEHAN, COLEEN) (Entered: 10/06/2016)
935 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 10/7/2016. (sg, ) (Entered: 10/07/2016)
936 ORDER THAT UPON CONSIDERATION OF THE ALLSTATE DEFENDANTS' MOTION FOR A PROTECTIVE ORDER 902 , IT IS ORDERED THAT THE MOTION IS GRANTED AS TO TOPIC 39 OF THE NOTICE OF DEPOSITION; AND THE MOTION IS DENIED AS MOOT AS TO TOPIC 31 OF THE NOTICE OF DEPOSITION. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 10/11/16.10/11/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 10/11/2016)
937 REPLY to Response to Motion re 917 MOTION for Summary Judgment "Phase I" Motion for Summary Judgment filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (ZOLNER, ERICA) (Entered: 10/12/2016)
938 REPLY to Response to Motion re 920 MOTION to Exclude Expert Reports and Testimony of Lawrence Sher filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 411 of 745
MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 412 of 745

10/12/2016 10/18/2016

RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MARSTON, DAVID) (Entered: 10/12/2016)
939 REPLY to Response to Motion re 919 MOTION to Exclude Opinions of Plaintiffs' Expert Ian H. Altman Under Daubert, Federal Rule of Evidence 702, and Federal Rule of Civil Procedure 26 filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1, # 3 Exhibit 2)(ZOLNER, ERICA) (Entered: 10/12/2016)
940 MOTION to Compel Production of Certain Documents Withheld As Privileged filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 413 of 745
BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 414 of 745
LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 415 of 745

10/18/2016 10/24/2016
10/24/2016 10/27/2016 10/28/2016

BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Brief, Declaration, Certificate of Service. (Attachments: # 1 Letter Brief, # 2 Declaration of Coleen M. Meehan, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Proposed Order, # 10 Certificate of Service)(MEEHAN, COLEEN) (Entered: 10/18/2016)
MOTIONS REFERRED: 940 MOTION to Compel Production of Certain Documents Withheld As Privileged Motions referred to MARILYN HEFFLEY. (afm, ) Modified on 10/24/2016 (afm, ). (Entered: 10/24/2016)
941 MOTION for Leave to File Instanter a Letter Brief in Excess of 5 Pages in Opposition to Plaintiffs' Motion to Compel filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION.Brief, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A − Opposition to Plaintiffs' Motion to Compel Production of Certain Documents Withheld as Privileged, # 3 Declaration of J. Heinz, # 4 Exhibit 1 to Declaration of J. Heinz, # 5 Exhibit 2 to Declaration of J. Heinz, # 6 Exhibit 3 to Declaration of J. Heinz, # 7 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 10/24/2016)
MOTIONS REFERRED: 941 MOTION for Leave to File Instanter a Letter Brief in Excess of 5 Pages in Opposition to Plaintiffs' Motion to Compel Motions referred to MARILYN HEFFLEY. (afm, ) (Entered: 10/25/2016)
942 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Motion Hearing held on 10/27/16 Court Reporter: ESR. (ti, ) (Entered: 10/27/2016)
943 LETTER RESPONSE in Support re 940 MOTION to Compel Production of Certain Documents Withheld As Privileged filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 416 of 745
MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 417 of 745

11/04/2016 11/04/2016
11/07/2016

RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) Modified on 10/31/2016 (afm, ). (Entered: 10/28/2016)
944 MEMORANDUM AND/OR OPINION SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 11/4/16. 11/4/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) Modified on 11/4/2016 (ti, ). (Entered: 11/04/2016)
945 ORDER THAT THE ALLSTATE DEFENDANTS' MOTION FOR LEAVE TO FILE INSTANTER A LETTER BRIEF IN EXCESS OF 5 PAGES IN OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL 941 IS GRANTED; ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 11/4/16. 11/4/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/04/2016)
946 PRETRIAL MEMORANDUM by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 418 of 745
BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 419 of 745
GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 420 of 745

11/07/2016

WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(MEEHAN, COLEEN) (Entered: 11/07/2016)
947 AMENDED EXHIBIT A TO PRETRIAL MEMO 946 by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 421 of 745
GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 422 of 745

11/07/2016 11/09/2016 11/09/2016 11/11/2016
11/11/2016 11/11/2016

SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Amendment to 946 Pretrial Memorandum,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Amended Exhibit A. (MEEHAN, COLEEN) Modified on 11/8/2016 (afm, ). (Entered: 11/07/2016)
948 PRETRIAL MEMORANDUM by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(HEINZ, JORDAN) (Entered: 11/07/2016)
949 Transcript of Proceedings held on 10/27/2016, before Judge KEARNEY. Court Reporter/Transcriber ESR/DRUMMOND TRANSCRIPTION SERVICE.. (kp, ) (Entered: 11/09/2016)
950 AMENDED PRETRIAL MEMORANDUM by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(HEINZ, JORDAN) Modified on 11/10/2016 (afm, ). (Entered: 11/09/2016)
951 MOTION in Limine to Preclude Plaintiffs From Contesting Whether Exclusive Agents Are Independent Contractors filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Declaration of E. Zolner, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3 (FILED UNDER SEAL), # 6 Exhibit 4 (FILED UNDER SEAL), # 7 Exhibit 5 (FILED UNDER SEAL), # 8 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 11/11/2016)
952 MOTION to Seal Exhibits 3, 4, and 5 filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 11/11/2016)
953 MOTION in Limine To Preclude Defendants From Presenting Testimony of Donald Viken, Thomas Tewksbury and John Diserio and From Designating Their Witnesses' Testimony From This Case filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 423 of 745
ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 424 of 745
JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J.

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11/14/2016 11/14/2016 11/14/2016 11/14/2016 11/21/2016

TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law, Certificate of Service, Proposed Order, # 2 Declaration of C. Meehan, Esq., # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(MEEHAN, COLEEN) (Entered: 11/11/2016)
954 ORDER THAT UPON CONSIDERATION OF THE DEFENDANTS' MOTION FOR LEAVE TO FILE TAX RETURNS UNDER SEAL 952 , IT IS ORDERED THAT DEFENDANTS' MOTION IS GRANTED IN PART AND IT MAY REDACT SOCIAL SECURITY INFORMATION AND ADRESSES FROM EXHIBITS 3, 4, AND 5 NO LATER THAN 11/16/2016. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/14/16.11/14/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) Modified on 11/14/2016 (ti, ). (Entered: 11/14/2016)
955 REDACTED EXHIBIT 3 by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Redacted) Exhibit 3 to the Allstate Defendants' Motion in Limine to Preclude Plaintiffs from Contesting Whether Exclusive Agents are Independent Contractors. (ZOLNER, ERICA) Modified on 11/15/2016 (afm, ). (Entered: 11/14/2016)
956 REDACTED EXHIBIT 4 by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Redacted) Exhibit 4 to the Allstate Defendants' Motion in Limine to Preclude Plaintiffs from Contesting Whether Exclusive Agents are Independent Contractors. (ZOLNER, ERICA) Modified on 11/15/2016 (afm, ). (Entered: 11/14/2016)
957 REDACTED EXHIBIT 5 by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Redacted) Exhibit 5 to the Allstate Defendants' Motion in Limine to Preclude Plaintiffs from Contesting Whether Exclusive Agents are Independent Contractors5. (ZOLNER, ERICA) Modified on 11/15/2016 (afm, ). (Entered: 11/14/2016)
958 RESPONSE in Opposition re 951 MOTION in Limine to Preclude Plaintiffs From Contesting Whether Exclusive Agents Are Independent Contractors filed by THOMAS ABELL, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C.

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BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 427 of 745
JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 [Proposed Order], # 2 Declaration of Coleen M. Meehan, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 428 of 745

11/21/2016
11/22/2016 11/22/2016 11/22/2016 11/23/2016 11/23/2016
11/25/2016

E)(MEEHAN, COLEEN) (Entered: 11/21/2016)
959 RESPONSE in Opposition re 953 MOTION in Limine To Preclude Defendants From Presenting Testimony of Donald Viken, Thomas Tewksbury and John Diserio and From Designating Their Witnesses' Testimony From This Case filed by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26)(HEINZ, JORDAN) (Entered: 11/21/2016)
960 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE MARK A. KEARNEY ON 11/22/16. 11/22/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/22/2016)
961 ORDER THAT UPON CONSIDERATION OF DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT 917 , IT IS ORDERED THAT DEFENDANTS' MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/22/16. 11/22/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/22/2016)
962 ORDER THAT UPON CONSIDERATION OF DEFENDANT'S MOTION IN LIMINE TO PRECLUDE PLAINTIFFS FROM CONTESTING WHETHER "EXCLUSIVE AGENTS" ARE INDEPENDENT CONTRACTORS 951 , IT IS ORDERED THAT DEFENDANTS' MOTION IS DENIED AS STATED, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/22/16.11/22/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/22/2016)
963 ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO PRECLUDE PLAINTIFFS' EXPERT ALTMAN 919 , AND PLAINTIFFS' MOTION TO PRECLUDE DEFENDANTS' EXPERT SHER 920 , IT IS ORDERED THAT BOTH MOTIONS (ECF DOC. NOS. 919, 920) ARE DENIED, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/23/16.11/23/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/23/2016)
964 ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION IN LIMINE TO PRECLUDE TESTIMONY FROM DONALD VIKEN, THOMAS TEWKSBURY, AND JOHN DISERIO 953 , IT IS ORDERED THAT PLAINTIFFS' MOTION IS GRANTED AS TO PRECLUDE DEPOSITION DESIGNATION FROM MESSRS. VIKEN, TEWKSBURY AND DISERIO BUT DENIED AS MOOT WITHOUT PREJUDICE AS TO DESIGNATING DEPOSITION TESTIMONY FROM LIVE WITNESSES. IT IS FURTHER ORDERED THAT ALL DESIGNATED TESTIMONY OF UNAVAILABLE WITNESSES, SHALL BE DELIVERED TO THE CLERK'S OFFICE ADDRESSED TO CHAMBERS NO LATER THAN NOON EST ON 11/30/2016. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/23/16.11/23/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/23/2016)
965 ORDER THAT BASED ON THE COURTS ORDERS ON SUMMARY JUDGMENT AND IN LIMINE MOTIONS (RE: DOC. NOS. 961 , 962 , 963 , 964 ), THE PARTIES SHALL TELEPHONICALLY CONFER AND ORGANIZE EXHIBITS AS OUTLINED HEREIN. NO LATER THAN NOON, 11/30/2016, PLAINITFFS SHALL FILE: A JOINT EXHIBIT LIST, WITH NOTATIONS OF ANY REMAINING OBJECTIONS FROM EITHER SIDE; AND A NOTICE IDENTIFYING THE SPECIFIC PLAINTIFFS AT ISSUE IN THE PHASE I TRIAL UNDER THE COURTS ORDERS. PARAGRAPH 17 OF THE 5/2/2016 ORDER IS AMENDED TO SCHEDULE THE FINAL PRETRIAL CONFERENCE TO BE HELD BY TELEPHONE, RATHER THAN IN THE COURTROOM, ON 11/30/2016, AT 4:00 PM. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/25/2016. 11/25/2016 ENTERED AND COPIES MAILED TO COUNSEL AND E−MAILED.(amas) (Entered: 11/25/2016)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 429 of 745

11/28/2016

966 Proposed Findings of Fact and Conclusions of Law by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 430 of 745
S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 431 of 745

11/28/2016 11/30/2016

TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service (MEEHAN, COLEEN) (Entered: 11/28/2016)
967 Proposed Findings of Fact and Conclusions of Law by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. Certificate of Service (ZOLNER, ERICA) (Entered: 11/28/2016)
968 NOTICE by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 432 of 745
DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 433 of 745

11/30/2016

MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO − Notice Of Plaintiffs At Issue In Phase I Trial Beginning December 2, 2016 (MEEHAN, COLEEN) (Entered: 11/30/2016)
969 Exhibit List Joint Exhibit List for Phase I Trial by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 434 of 745
CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM

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12/01/2016 12/01/2016

OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.. Certificate of Service (MEEHAN, COLEEN) (Entered: 11/30/2016)
970 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Final Pretrial Telephone Conference held on 11/30/16 (ti, ) (Entered: 12/01/2016)
971 NOTICE by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER,

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JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 437 of 745
MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 438 of 745

12/02/2016

WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO Amended Notice of Plaintiffs at Issue in the Phase I Trial beginning December 2, 2016 (MEEHAN, COLEEN) (Entered: 12/01/2016)
972 STIPULATION − Stipulated Facts For The December 2016 "Phase I" Trial by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 439 of 745
HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 440 of 745

12/04/2016

THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 12/02/2016)
973 Exhibit List Amended Joint Exhibit List by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 441 of 745
MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K.

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12/07/2016
12/07/2016 12/07/2016 12/12/2016
12/13/2016

ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.. (MEEHAN, COLEEN) (Entered: 12/04/2016)
974 ORDER THAT NO LATER THAN 12/21/2016, THE PARTIES MAY SUPPLEMENT THEIR PROPOSED FINDINGS OF FACT. THE PARTIES MAY FILE A RESPONSIVE MEMORANDUM NOT EXCEEDING 20 PAGES NO LATER THAN 1/11/2017, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/7/16. 12/8/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 12/08/2016)
975 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Bench Trial Day 1 held on 12/5/16. Court Reporter: ESR. (ti, ) (Entered: 12/08/2016)
976 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Bench Trial Day 2 held on 12/6/16. Court Reporter: ESR. (ti, ) (Entered: 12/08/2016)
977 MOTION to Stay re 852 Scheduling Order,,,,, Unopposed Motion to Stay the Deadline to File a Motion to Sever or, in the Alternative, for an Extension of Time filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 12/12/2016)
978 ORDER THAT UPON CONSIDERATION OF DEFENDANTS' UNOPPOSED MOTION TO STAY FILING THE MOTION TO SEVER OR, IN THE ALTERNATIVE, FOR AN EXTENSION OF TIME 977 , IT IS ORDERED THAT THE UNOPPOSED MOTION FOR AN EXTENSION IS GRANTED AND OUR 5/2/2016 ORDER 852 IS AMENDED ONLY: PARAGRAPH 19: ANY MOTION FOR SEVERANCE OF CLAIMS, MAY BE FILED NO LATER THAN 2/6/2017; AND, ALL OTHER ASPECTS OF THIS COURT'S 5/2/2016 ORDER REMAIN IN

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12/15/2016 12/16/2016 12/19/2016 12/21/2016
12/21/2016

EFFECT, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/13/16.12/13/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 12/13/2016)
979 MOTION to Withdraw as Attorney for Plaintiff Gary Sigler filed by GARY SIGLER.Petition to Withdraw as Counsel. (Attachments: # 1 Text of Proposed Order)(MUNLEY, JAMES) (Entered: 12/15/2016)
980 ORDER THAT THE COURT SHALL HOLD A TELEPHONIC HEARING ON 12/21/2016 12:00 PM BEFORE HONORABLE MARK A. KEARNEY. ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/16/2016. 12/16/2016 ENTERED AND COPIES MAILED AND E−MAILED.(sg, ) (Entered: 12/16/2016)
981 MOTION Extension of Time to Respond to Defendants' 2nd RFA to Pltfs in Phase II filed by GARY SIGLER.. (Attachments: # 1 Text of Proposed Order)(MUNLEY, JAMES) (Entered: 12/19/2016)
982 Supplemental Proposed Findings of Fact and Conclusions of Law by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. Certificate of Service (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(ZOLNER, ERICA) Modified on 12/22/2016 (afm, ). (Entered: 12/21/2016)
983 Amended and Supplemental Proposed Findings of Fact and Conclusions of Law on Phase 1 issues and responses to the questions raised in the court's 12/7/2016 order 974 by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC,

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RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 445 of 745

12/22/2016
12/22/2016 01/05/2017 01/06/2017

KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service (Attachments: # 1 Certificate of service, # 2 Exhibit 1)(MEEHAN, COLEEN) Modified on 12/22/2016 (afm, ). (Entered: 12/21/2016)
984 ORDER THAT PLAINTIFF GARY SIGLER IS DISMISSED WITH PREJUDICE; MR. SIGLER'S COUNSEL'S PETITION TO WITHDRAW AS HIS COUNSEL 979 AND MOTION FOR EXTENSION OF TIME FOR MR. SIGLER TO RESPOND TO DISCOVERY REQUESTS 981 ARE DENIED AS MOOT; ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 12/22/16. 12/22/16 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) Modified on 12/22/2016 (ti, ). (Entered: 12/22/2016)
985 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held on 12/21/16 Discuss ECF 979 (ti, ) (Entered: 12/22/2016)
986 Objections by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION re 984 Order on Motion to Withdraw as Attorney,, Order on Motion for Miscellaneous Relief, Allstate's Third Amended Objections and Rule 32(a)(6) Designations to Plaintiffs' Deposition Designations for the Phase I Trial. (HEINZ, JORDAN) (Entered: 01/05/2017)
987 Objections by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 446 of 745
HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 447 of 745
LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 448 of 745

01/11/2017 01/11/2017

ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO re 984 Order on Motion to Withdraw as Attorney,, Order on Motion for Miscellaneous Relief, Plaintiffs' Amended Objections and Counter−Designations to Allstate's Deposition Designations for the Phase I Trial. (MEEHAN, COLEEN) (Entered: 01/06/2017)
988 RESPONSE TO PLAINTIFFS' AMENDED AND SUPPLEMENTA PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON "PHASE I" ISSUES AND RESPONSES TO THE QUESTIONS RAISED IN THE COURT'S 12/7/2016 ORDER NO.94 by ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. Certificate of Service (Attachments: # 1 Exhibit 1)(ZOLNER, ERICA) Modified on 1/12/2017 (afm, ). (Entered: 01/11/2017)
989 PLAINTIFF'S RESPONSE TO ALLSTATE DEFENDANTS' SUPPLEMENTAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO NEW ISSUES AND ISSUES RAISED BY THE COURT IN ITS POST−TRIAL ORDER by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 449 of 745
STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 450 of 745

01/13/2017 01/17/2017 01/17/2017
01/18/2017

GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service (Attachments: # 1 Certificate of Service)(MEEHAN, COLEEN) Modified on 1/12/2017 (afm, ). (Entered: 01/11/2017)
990 ORDER THAT THE STATED OBJECTIONS ARE SUSTAINED IN PART AND OVERRULED IN PART; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/13/17. 1/17/17 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 01/17/2017)
991 ORDER THAT ANY MOTIONS FOR SEVERANCE OF CLAIMS AND INDIVIDUAL BASED DEFENSES MORE APPROPRIATELY SITUATE IN ANOTHER JUDICIAL DISTRICT, MAY BE FILED AT ANY TIME BUT NO LATER THAN 2/13/17; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/17/17. 1/17/17 ENTERED AND MAILED, E−MAILED.(jl, ) (Entered: 01/17/2017)
992 MOTION to Compel Document Production from 58 Plaintiffs filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Letter Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief Letter Brief, # 2 Declaration of J. Heinz, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 01/17/2017)
993 Amended MOTION to Compel Document Production from 45 Plaintiffs filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Letter Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief Amended Letter Brief, # 2

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 451 of 745

01/23/2017 01/23/2017

Declaration of J.Heinz, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 01/18/2017)
MOTIONS REFERRED: 993 Amended MOTION to Compel Document Production from 45 Plaintiffs, 992 MOTION to Compel Document Production from 58 Plaintiffs Motions referred to MARILYN HEFFLEY. (afm, ) (Entered: 01/23/2017)
994 LETTER RESPONSE in Opposition re 993 Amended MOTION to Compel Document Production from 45 Plaintiffs filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 452 of 745
GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 453 of 745

SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Proposed Order)(MEEHAN, COLEEN) Modified on 1/24/2017 (afm, ). (Entered: 01/23/2017)

01/25/2017

995 ORDER THAT A TELEPHONE CONFERENCE REGARDING OUTSTANDING DISCOVERY ISSUES IN THE ABOVE−CAPTIONED CONSOLIDATED CASES IS SCHEDULED FOR 1/27/2017, AT 9:30 AM, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 1/25/17. 1/25/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 01/25/2017)

01/26/2017

996 Letter REPLY to Response to Motion re 993 Amended MOTION to Compel Document Production from 45 Plaintiffs filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) Modified on 1/26/2017 (afm, ). (Entered: 01/26/2017)

01/27/2017 997 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Telephone Conference regarding outstanding discovery issues was held on 1/27/17. (ti, ) (Entered: 01/27/2017)

01/27/2017

998 ORDER THAT UPON CONSIDERATION OF THE ALLSTATE DEFENDANTS' AMENDED MOTION TO COMPEL DOCUMENT PRODUCTION FROM 45 PLAINTIFFS 993 , TI IS HEREBY ORDERED THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 1/27/17.1/27/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 01/27/2017)

01/31/2017

999 STIPULATION re 852 Scheduling Order,,,,, Stipulation Regarding Extension of Deadlines With Respect to Expert Discovery and Daubert Motions by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) Modified on 2/1/2017 (afm, ). (FILED IN ERROR, FORWARDED TO JUDGE FOR APPROVAL) (Entered: 01/31/2017)

01/31/2017 1000 MOTION for Leave to File Excess Pages in support of summary judgment filed by ALLSTATE INSURANCE COMPANY.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(KATCHEN, KATHERINE) (Entered: 01/31/2017)

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02/01/2017

1001

ORDER THAT THE STIPULATION REGARDING EXTENSION OF DEADLINES WITH RESPECT TO EXPERT DISCOVERY AND DAUBERT MOTIONS IS APPROVED AS OUTLINED HEREIN. ALL EXPERT DISCOVERY IN PHASE II SHALL BE SERVED, NOTICED AND COMPELTED BY 3/29/2017. DAUBERT MOTIONS IN PHASE II SHALL BE FILED BY 4/7/2017. ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/1/2017. 2/1/2017 ENTERED AND COPIES MAILED AND E−MAILED.(sg, ) (Entered: 02/01/2017)

02/01/2017 1002 ORDER THAT ALLSTATE'S MOTION FOR LEAVE TO FILE MEMORANDA IN EXCESS OF PAGE LIMITATION (DOC. 1000 ) IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/1/2017.2/1/2017 ENTERED AND COPIES MAILED AND E−MAILED.(sg, ) (Entered: 02/01/2017)

02/02/2017 1003 MOTION for Pro Hac Vice of Scott W. Fowkes, P.C. filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION..(KATCHEN, KATHERINE) Modified on 2/2/2017 (rs, ).(FILED IN ERROR−ATTY TO REFILE) (Entered: 02/02/2017)

02/02/2017 1004 MOTION for Pro Hac Vice of Scott W. Fowkes, P.C. ( Filing fee $ 40 receipt number 0313−11844380.) filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION..(KATCHEN, KATHERINE) (Entered: 02/02/2017)

02/02/2017

1005

ORDER THAT MOTION OF SCOTT W. FOWKES, ESQUIRE 1004 , TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/2/17.2/2/17 ENTERED AND COPIES & ECF APPLICATION MAILED, E−MAILED.(ti, ) Modified on 2/2/2017 (ti, ). (Entered: 02/02/2017)

02/02/2017 1006 NOTICE of Withdrawal of Appearance by SALLIE G. SMYLIE on behalf of ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION(ti, ) (Entered: 02/03/2017)

02/07/2017

1007

MOTION for Summary Judgment on Plaintiffs' ADEA Claims (Count IV) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 02/07/2017)

02/07/2017

1008

Statement of Undisputed Facts in Support of Motion for Summary Judgment on Plaintiffs' ADEA Claims by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration of E. Zolner, # 3 Exhibit 1 to Declaration of E. Zolner, # 4 Exhibit 2 to Declaration of E. Zolner, # 5 Exhibit 3 to Declaration of E. Zolner, # 6 Exhibit 4 to Declaration of E. Zolner, # 7 Exhibit 5 to Declaration of E. Zolner, # 8 Exhibit 6 (Part 1 of 3) to Declaration of E. Zolner, # 9 Exhibit 6 (Part 2 of 3) to Declaration of E. Zolner, # 10 Exhibit 6 (Part 3 of 3) to Declaration of E. Zolner, # 11 Exhibit 7 to Declaration of E. Zolner, # 12 Exhibit 8 to Declaration of E. Zolner, # 13 Exhibit 9 to Declaration of E. Zolner, # 14 Exhibit 10 to Declaration of E. Zolner, # 15 Exhibit 11 to Declaration of E. Zolner, # 16 Exhibit 12 to Declaration of E. Zolner, # 17 Exhibit 13 to Declaration of E. Zolner, # 18 Exhibit 14 to Declaration of E. Zolner, # 19 Exhibit 15 to Declaration of E. Zolner, # 20 Exhibit 16 to Declaration of E. Zolner, # 21 Exhibit 17 to Declaration of E. Zolner, # 22 Exhibit 18 to Declaration of E. Zolner, # 23 Exhibit 19 to Declaration of E. Zolner, # 24 Exhibit 20 to Declaration of E. Zolner, # 25 Exhibit 21 to Declaration of E. Zolner, # 26 Exhibit 22 to Declaration of E. Zolner, # 27 Exhibit 23 to Declaration of E. Zolner, # 28 Exhibit 24 to Declaration of E. Zolner, # 29 Exhibit 25 to Declaration of E. Zolner, # 30 Exhibit 26 to Declaration of E. Zolner, # 31 Exhibit 27 to Declaration of E. Zolner, # 32 Exhibit 28 to Declaration of E. Zolner, # 33 Exhibit 29 to Declaration of E. Zolner, # 34 Exhibit 30 to Declaration of E. Zolner, # 35 Exhibit 31 to Declaration of E. Zolner, # 36 Exhibit 32 to Declaration of E. Zolner, # 37 Exhibit 33 to Declaration of E. Zolner, # 38 Exhibit 34 to Declaration of E. Zolner, # 39 Exhibit 35 to Declaration of E. Zolner, # 40 Declaration of J. Doherty, # 41 Exhibit 36 (Part 1 of 16) to Declaration of J. Doherty, # 42 Exhibit 36 (Part 2 of 16) to Declaration of J. Doherty, # 43 Exhibit 36 (Part 3 of 16) to Declaration of J. Doherty, # 44 Exhibit 36 (Part 4 of 16) to Declaration of J. Doherty, # 45 Exhibit 36 (Part 5 of 16) to Declaration of J. Doherty, # 46 Exhibit 36 (Part 6 of 16) to Declaration of J. Doherty, # 47 Exhibit 36 (Part 7 of

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16) to Declaration of J. Doherty, # 48 Exhibit 36 (Part 8 of 16) to Declaration of J. Doherty, # 49 Exhibit 36 (Part 9 of 16) to Declaration of J. Doherty, # 50 Exhibit 36 (Part 10 of 16) to Declaration of J. Doherty, # 51 Exhibit 36 (Part 11 of 16) to Declaration of J. Doherty, # 52 Exhibit 36 (Part 12 of 16) to Declaration of J. Doherty, # 53 Exhibit 36 (Part 13 of 16) to Declaration of J. Doherty, # 54 Exhibit 36 (Part 14 of 16) to Declaration of J. Doherty, # 55 Exhibit 36 (Part 15 of 16) to Declaration of J. Doherty, # 56 Exhibit 36 (Part 16 of 16) to Declaration of J. Doherty, # 57 Exhibit 37 to Declaration of J. Doherty, # 58 Declaration of C. DeMilio)(ZOLNER, ERICA) (Entered: 02/07/2017)

02/09/2017

1009

SUGGESTION OF DEATH Upon the Record as to Richard Aurand by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 456 of 745
GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 457 of 745

D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 02/09/2017)

02/09/2017

1010

SUGGESTION OF DEATH Upon the Record as to James Cirillo by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 458 of 745
SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 459 of 745

RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 02/09/2017)

02/09/2017

1011

SUGGESTION OF DEATH Upon the Record as to Gary Goelz by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 460 of 745
VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 461 of 745
METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 02/09/2017)
02/09/2017 1012 SUGGESTION OF DEATH Upon the Record as to Lawrence Capouch by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 462 of 745
CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 463 of 745
MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 464 of 745

VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 02/09/2017)

02/10/2017

1013

MOTION to Compel Plaintiffs' Motion to Compel Production of Allstate's Agent Database filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 465 of 745
FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 466 of 745

WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Brief in Support of Plaintiffs' Motion to Compel Production of Allstate;s Agent Database. (Attachments: # 1 Letter Brief in Support of Plaintiffs' Motion to Compel Production of Allstate's Agent Database, # 2 Proposed Order, # 3 Declaration of Coleen M. Meehan, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J)(MEEHAN, COLEEN) (Entered: 02/10/2017)

02/10/2017 1014 MOTION FOR ADMISSION PRO HAC VICE OF GREGORY TSONIS (FILING FEE PAID 2/10/2017) together with Statement and Certificate of Service filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.(ti, ) Modified on 2/13/2017 (ti, ). (Entered: 02/13/2017)

02/13/2017

1015

ORDER THAT THE MOTION OF GREGORY TSONIS, ESQUIRE 1014 TO PRACTICE IN THIS COURT UNDER LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/13/17.2/13/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) Modified on 2/13/2017 (ti, ). (Entered: 02/13/2017)

02/13/2017

1016

MOTION to Sever Plaintiffs' Claims in Counts I, V−VII, and XI−XIV, MOTION to Transfer Plaintiffs' Claims in Counts I, V−VII, and XI−XIV filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Declaration of E. Zolner, # 3 Exhibit 1 to Declaration of E. Zolner, # 4 Exhibit 1−A to Declaration of E. Zolner, # 5 Exhibit 1−B to Declaration of E. Zolner, # 6 Exhibit 1−C to Declaration of E. Zolner, # 7 Exhibit 1−D to Declaration of E. Zolner, # 8 Exhibit 1−E to Declaration of E. Zolner, # 9 Exhibit 1−F to Declaration of E. Zolner, # 10 Exhibit 2 to Declaration of E. Zolner, # 11 Exhibit 3 to Declaration of E. Zolner, # 12 Exhibit 4 to Declaration of E. Zolner, # 13 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 02/13/2017)

02/14/2017

MOTIONS REFERRED: 1013 MOTION to Compel Plaintiffs' Motion to Compel Production of Allstate's Agent Database Motions referred to MARILYN HEFFLEY. (afm, ) (Entered: 02/14/2017)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 467 of 745

02/15/2017

1017

Letter RESPONSE in Opposition re 1013 MOTION to Compel Plaintiffs' Motion to Compel Production of Allstate's Agent Database filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of D. Bright, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Declaration of J. Heinz, # 4 Exhibit 2 to Declaration of J. Heinz, # 5 Exhibit 3 to Declaration of J. Heinz, # 6 Exhibit 4 to Declaration of J. Heinz, # 7 Exhibit 5 to Declaration of J. Heinz, # 8 Exhibit 6 to Declaration of J. Heinz, # 9 Exhibit 7 to Declaration of J. Heinz, # 10 Exhibit 8 to Declaration of J. Heinz, # 11 Exhibit 9 to Declaration of J. Heinz, # 12 Exhibit 10 to Declaration of J. Heinz, # 13 Exhibit 11 to Declaration of J. Heinz, # 14 Exhibit 12 to Declaration of J. Heinz)(HEINZ, JORDAN) Modified on 2/16/2017 (afm, ). (Entered: 02/15/2017)

02/15/2017

1018

MOTION for Protective Order filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief in Support, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Declaration of J. Heinz, # 4 Exhibit 2 to Declaration of J. Heinz, # 5 Exhibit 3 to Declaration of J. Heinz, # 6 Exhibit 4 to Declaration of J. Heinz, # 7 Exhibit 5 to Declaration of J. Heinz, # 8 Exhibit 6 to Declaration of J. Heinz, # 9 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 02/15/2017)

02/16/2017

MOTIONS REFERRED: 1018 MOTION for Protective Order Motions referred to MARILYN HEFFLEY. (afm, ) (Entered: 02/16/2017)

02/17/2017

1019

ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF ALLSTATE'S AGENT DATABASE 1013 AND THE LETTER BRIEFS SUBMITTED IN SUPPORT AND IN OPPOSITION THERETO, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 2/17/17.2/17/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 02/17/2017)

02/21/2017

1020

Letter ESPONSE in Opposition re 1018 MOTION for Protective Order filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 468 of 745
MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 469 of 745

RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Text of Proposed Order, # 11 Certificate of Service)(MEEHAN, COLEEN) Modified on 2/22/2017 (afm, ). (Entered: 02/21/2017)

02/21/2017

1021

MOTION to Compel Production of Documents filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief in Support, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to J. Heinz Declaration, # 4 Exhibit 2 to J. Heinz Declaration, # 5 Exhibit 3 to J. Heinz Declaration, # 6 Exhibit 4 to J. Heinz Declaration, # 7 Exhibit 5 to J. Heinz Declaration, # 8 Exhibit 6 to J. Heinz Declaration, # 9 Exhibit 7 to J. Heinz Declaration, # 10 Exhibit 8 to J. Heinz Declaration, # 11 Exhibit 9 to J. Heinz Declaration, # 12 Exhibit 10 to J. Heinz Declaration, # 13 Exhibit 11 to J. Heinz Declaration, # 14 Exhibit 12 to J. Heinz Declaration, # 15 Exhibit 13 to J. Heinz Declaration, # 16 Exhibit 14 to J. Heinz Declaration, # 17 Exhibit 15 to J. Heinz Declaration, # 18 Exhibit 16 to J. Heinz Declaration, # 19 Exhibit 17 to J. Heinz Declaration, # 20 Exhibit 18 to J. Heinz Declaration, # 21 Exhibit 19 to J. Heinz Declaration, # 22 Exhibit 20 to J. Heinz Declaration, # 23 Exhibit 21 to J. Heinz Declaration, # 24 Exhibit 22 to J. Heinz Declaration, # 25 Exhibit 23 to J. Heinz

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 470 of 745

Declaration, # 26 Exhibit 24 to J. Heinz Declaration, # 27 Exhibit 25 to J. Heinz Declaration, # 28 Exhibit 26 to J. Heinz Declaration, # 29 Exhibit 27 to J. Heinz Declaration, # 30 Exhibit 28 to J. Heinz Declaration, # 31 Exhibit 29 to J. Heinz Declaration, # 32 Exhibit 30 to J. Heinz Declaration, # 33 Exhibit 31 to J. Heinz Declaration, # 34 Exhibit 32 to J. Heinz Declaration, # 35 Exhibit 33 to J. Heinz Declaration, # 36 Exhibit 34 to J. Heinz Declaration, # 37 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 02/21/2017)

02/23/2017

1022

MOTION to Enforce Expedited Motion to Enforce the Court's May 2, 2016 Order Regarding the Filing Date for Summary Judgment Responses filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 02/23/2017)

02/23/2017

1023

ORDER THAT UPON CONSIDERATION OF DEFENDANT'S MOTION TO ENFORCE 1022 AND OUR FEBRUARY 1, 2017 ORDER 1001 ADDRESSING THE EXTENSION OF DEADLINES IN PHASE II, IT IS ORDERED THAT DEFENDANTS' MOTION 1022 IS DENIED AND, UNDER PARAGRAPH 4 OF OUR FEBRUARY 1, 2017 ORDER 1001 , PLAINTIFF MAY RESPOND TO THE PENDING SUMMARY JUDGMENT MOTION NO LATER THAN 3/17/2017. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/23/17.2/23/17 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) Modified on 2/23/2017 (ti, ). (Entered: 02/23/2017)

02/23/2017

Set/Reset Deadlines (ti, ) (Entered: 02/23/2017)

02/24/2017

1024

MOTION to Compel Plaintiffs' Motion to Compel Deposition Testimony of Defendants Allstate Insurance Company and the Allstate Corporation and To Extend Time for Rule 30(b)(6) Deposition filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 471 of 745
DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 472 of 745

QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Certificate of Service. (Attachments: # 1 Letter Brief, # 2 Proposed Order, # 3 Declaration of Coleen M. Meehan, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I)(MEEHAN, COLEEN) (Entered: 02/24/2017)

02/24/2017

1025

Letter REPLY to Response to Motion re 1018 MOTION for Protective Order filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1 to Declaration of J. Heinz, # 3 Exhibit 2 to Declaration of J. Heinz, # 4 Exhibit 3 to Declaration of J. Heinz, # 5 Exhibit 4 to Declaration of J. Heinz, # 6 Exhibit 5 to Declaration of J. Heinz, # 7 Exhibit 6 to Declaration of J. Heinz, # 8 Exhibit 7 to Declaration of J. Heinz, # 9 Exhibit 8 to Declaration of J. Heinz, # 10 Exhibit 9 to Declaration of J. Heinz)(HEINZ, JORDAN) Modified on 2/27/2017 (afm, ). (Entered: 02/24/2017)

02/24/2017

1026

Letter RESPONSE in Opposition re 1021 MOTION to Compel Production of Documents filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 473 of 745
BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 474 of 745
GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 475 of 745

WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan, # 3 Exhibit 1)(MEEHAN, COLEEN) Modified on 2/27/2017 (afm, ). (Entered: 02/24/2017)

02/24/2017

1027

MOTION to Amend/Correct the Case Management Order filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 476 of 745
GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 477 of 745

SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration, # 4 Ex 1, # 5 Ex 2, # 6 Ex 3, # 7 Ex 4, # 8 Ex 5, # 9 Ex 6)(MEEHAN, COLEEN) (Entered: 02/24/2017)

02/27/2017

MOTIONS REFERRED: 1024 MOTION to Compel Plaintiffs' Motion to Compel Deposition Testimony of Defendants Allstate Insurance Company and the Allstate Corporation and To Extend Time for Rule 30(b)(6) Deposition, 1021 MOTION to Compel Production of Documents Motions referred to MARILYN HEFFLEY. (afm, ) (Entered: 02/27/2017)

02/27/2017

1028

ORDER THAT PLAINTIFFS' MOTION 1027 IS GRANTED AND THEY MAY DEPOSE MERCER (US), INC. AFTER THE CLOSE OF DISCOVERY AND WITHIN TWO (2) WEEKS OF THE RULING FROM THE UNITED STATES DISTRICT COURT ON THE PENDING MOTIONS TO QUASH A SUBPOENA IN CASE NO. 17 MISC. 63. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/27/17. 2/27/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 02/27/2017)

02/27/2017

1029

SUGGESTION OF DEATH Upon the Record as to George Twohig by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 478 of 745
GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 479 of 745
ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 02/27/2017)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 480 of 745

02/27/2017

1030

RESPONSE in Opposition re 1016 MOTION to Sever Plaintiffs' Claims in Counts I, V−VII, and XI−XIV MOTION to Transfer Plaintiffs' Claims in Counts I, V−VII, and XI−XIV filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 481 of 745
HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 482 of 745

WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Text of Proposed Order)(MEEHAN, COLEEN) (Entered: 02/27/2017)

02/28/2017 1031 NOTICE of Appearance by ELIZABETH MCMANUS on behalf of EDWARD M. LIDDY with Certificate of Service(MCMANUS, ELIZABETH) (Entered: 02/28/2017)

03/01/2017

1032

SUGGESTION OF DEATH Upon the Record as to Richard Earl by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 483 of 745
MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 484 of 745

ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 03/01/2017)

03/01/2017

1033

Letter RESPONSE in Opposition re 1024 MOTION to Compel Plaintiffs' Motion to Compel Deposition Testimony of Defendants Allstate Insurance Company and the Allstate Corporation and To Extend Time for Rule 30(b)(6) Deposition filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1 to Declaration of J. Heinz, # 3 Exhibit 2 to Declaration of J. Heinz, # 4 Exhibit 3 to Declaration of J. Heinz, # 5 Exhibit 4 to Declaration of J. Heinz)(HEINZ, JORDAN) Modified on 3/2/2017 (afm, ). (Entered: 03/01/2017)

03/01/2017

1034

Letter REPLY to Response to Motion re 1021 MOTION to Compel Production of Documents filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1 to Decl. of J. Heinz, # 3 Exhibit 2 to Decl. of J. Heinz, # 4 Exhibit 3 to Decl. of J. Heinz, # 5 Exhibit 4 to Decl. of J. Heinz)(HEINZ, JORDAN) Modified on 3/2/2017 (afm, ). (Entered: 03/01/2017)

03/03/2017

1035

MOTION for Summary Judgment on Plaintiffs' ERISA § 510 Claims (Count II) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 03/03/2017)

03/03/2017 1036 Statement of Undisputed Facts in Support of Motion for Summary Judgment on Plaintiffs' ERISA § 510 Claims by ALLSTATE INSURANCE COMPANY, THE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 485 of 745

ALLSTATE CORPORATION. (ZOLNER, ERICA) (Entered: 03/03/2017)

03/03/2017 1037 MOTION for Summary Judgment filed by EDWARD M. LIDDY.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support, # 2 Proposed Order)(LANGEL, JOHN) (Entered: 03/03/2017)

03/03/2017 1038 Statement of Undisputed Facts in Support of Motion for Summary Judgment by EDWARD M. LIDDY. (LANGEL, JOHN) (Entered: 03/03/2017)

03/03/2017

1039

MOTION for Summary Judgment Plaintiffs' Motion for Summary Judgment as to Defendants' Liability Under ERISA Section 510 filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 486 of 745
GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 487 of 745

D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Certificate of Service. (Attachments: # 1 Proposed Order)(MEEHAN, COLEEN) (Entered: 03/03/2017)

03/03/2017

1040

JOINT APPENDIX FOR PHASE II SUMMARY JUDGMENT MOTIONS filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, MICHAEL ECONOMOS, RONALD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 488 of 745
R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 489 of 745
SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Joint Appendix to Phase II Summary Judgment Motions. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 (1 of 3), # 7 Exhibit 6 (2 of 3), # 8 Exhibit 6 (3 of 3), # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33 (1 of 3), # 36 Exhibit 33 (2 of 3), # 37 Exhibit 33 (3 of 3), # 38 Exhibit 34, # 39 Exhibit 35, # 40 Exhibit 36, # 41 Exhibit 37, # 42 Exhibit 38, # 43 Exhibit 39, # 44 Exhibit 40, # 45 Exhibit 41, # 46 Exhibit 42, # 47 Exhibit 43, # 48 Exhibit 44, # 49 Exhibit 45, # 50 Exhibit 46, # 51 Exhibit 47, # 52 Exhibit 48, # 53 Exhibit 49 (1 of 2), # 54 Exhibit 49 (2 of 2), # 55 Exhibit 50, # 56 Exhibit 51, # 57 Exhibit 52, # 58 Exhibit 53, # 59 Exhibit 54, # 60 Exhibit 55, # 61 Exhibit 56, # 62 Exhibit 57, # 63 Exhibit 58, # 64 Exhibit 59, # 65 Exhibit 60, # 66 Exhibit 61, # 67 Exhibit 62, # 68 Exhibit 63, # 69 Exhibit 64, # 70 Exhibit 65, # 71 Exhibit 66, # 72 Exhibit 67, # 73 Exhibit 68, # 74 Exhibit 69, # 75 Exhibit 70 (1 of 2), # 76 Exhibit 70 (2 of 2), # 77 Exhibit 71, # 78 Exhibit 72, # 79 Exhibit 73, # 80 Exhibit 74, # 81 Exhibit 75, # 82 Exhibit 76, # 83 Exhibit 77, # 84 Exhibit 78, # 85 Exhibit 79, # 86 Exhibit 80, # 87 Exhibit 81, # 88 Exhibit 82, # 89 Exhibit 83, # 90 Exhibit 84, # 91 Exhibit 85, # 92 Exhibit 86, # 93 Exhibit 87, # 94 Exhibit 88, # 95 Exhibit 89, # 96 Exhibit 90, # 97 Exhibit 91, # 98 Exhibit 92, # 99 Exhibit 93, # 100 Exhibit 94, # 101 Exhibit 95, # 102 Exhibit 96, # 103 Exhibit 97, # 104 Exhibit 98, # 105 Exhibit 99, # 106 Exhibit 100, # 107 Exhibit 101, # 108 Exhibit 102, # 109 Exhibit 103, # 110 Exhibit 104, # 111 Exhibit 105, # 112 Exhibit 106, # 113 Exhibit 107, # 114 Exhibit 108, # 115 Exhibit 109, # 116 Exhibit 110, # 117 Exhibit 111, # 118 Exhibit 112, # 119 Exhibit 113, # 120 Exhibit 114, # 121 Exhibit 115, # 122 Exhibit 116 (1 of 3), # 123 Exhibit 116 (2 of 3), # 124 Exhibit 116 (3 of 3), # 125 Exhibit 117, # 126 Exhibit 118, # 127 Exhibit 119, # 128 Exhibit 120, # 129 Exhibit 121, # 130 Exhibit 122 (1 of 2), # 131 Exhibit 122 (2 of 2), # 132 Exhibit 123, # 133 Exhibit 124, # 134 Exhibit 125, # 135 Exhibit 126, # 136 Exhibit 127, # 137 Exhibit 128, # 138 Exhibit 129, # 139 Exhibit 130, # 140 Exhibit 131 (1 of 4), # 141 Exhibit 131 (2 of 4), # 142 Exhibit 131 (3 of 4), # 143 Exhibit 131 (4 of 4), # 144 Exhibit 132, # 145 Exhibit 133, # 146 Exhibit 134, # 147 Exhibit 135, # 148 Exhibit 136, # 149 Exhibit 137, # 150 Exhibit 138, # 151 Exhibit 139, # 152 Exhibit 140, # 153 Exhibit 141, # 154 Exhibit 142, # 155 Exhibit 143, # 156 Exhibit 144, # 157 Exhibit 145, # 158 Exhibit 146, # 159 Exhibit 147, # 160 Exhibit 148 (1 of 2), # 161 Exhibit 148 (2 of 2), # 162 Exhibit 149, # 163 Exhibit 150, # 164 Exhibit 151, # 165 Exhibit 152, # 166 Exhibit 153, # 167 Exhibit 154, # 168 Exhibit 155, # 169 Exhibit 156, # 170 Exhibit 157, # 171 Exhibit 158, # 172 Exhibit 159, # 173 Exhibit 160, # 174 Exhibit 161, # 175 Exhibit 162, # 176 Exhibit 163, # 177 Exhibit 164, # 178 Exhibit 165, # 179 Exhibit 166, # 180 Exhibit 167, # 181 Exhibit 168, # 182 Exhibit 169, # 183 Exhibit 170, # 184 Exhibit 171, # 185 Exhibit 172, # 186 Exhibit 173, # 187 Exhibit 174, # 188 Exhibit 175, # 189 Exhibit 176, # 190 Exhibit 177, # 191 Exhibit 178, # 192 Exhibit 179, # 193 Exhibit 180, # 194 Exhibit 181, # 195 Exhibit 182, # 196 Exhibit 183, # 197 Exhibit 184, # 198 Exhibit 185, # 199 Exhibit 186, # 200 Exhibit 187, # 201 Exhibit 188, # 202 Exhibit 189, # 203 Exhibit 190, # 204 Exhibit 191, # 205 Exhibit 192, # 206 Exhibit 193, # 207 Exhibit 194 (1 of

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 490 of 745

3), # 208 Exhibit 194 (2 of 3), # 209 Exhibit 194 (3 of 3), # 210 Exhibit 195, # 211 Exhibit 196, # 212 Exhibit 197, # 213 Exhibit 198, # 214 Exhibit 199, # 215 Exhibit 200, # 216 Exhibit 201, # 217 Exhibit 202, # 218 Exhibit 203, # 219 Exhibit 204, # 220 Exhibit 205, # 221 Exhibit 206, # 222 Exhibit 207, # 223 Exhibit 208, # 224 Exhibit 209, # 225 Exhibit 210, # 226 Exhibit 211, # 227 Exhibit 212, # 228 Exhibit 213, # 229 Exhibit 214, # 230 Exhibit 215, # 231 Exhibit 216, # 232 Exhibit 217, # 233 Exhibit 218, # 234 Exhibit 219, # 235 Exhibit 220, # 236 Exhibit 221, # 237 Exhibit 222, # 238 Exhibit 223, # 239 Exhibit 224, # 240 Exhibit 225, # 241 Exhibit 226, # 242 Exhibit 227, # 243 Exhibit 228, # 244 Exhibit 229, # 245 Exhibit 230, # 246 Exhibit 231, # 247 Exhibit 232, # 248 Exhibit 233, # 249 Exhibit 234, # 250 Exhibit 235, # 251 Exhibit 236, # 252 Exhibit 237, # 253 Exhibit 238, # 254 Exhibit 239, # 255 Exhibit 240, # 256 Exhibit 241, # 257 Exhibit 242, # 258 Exhibit 243, # 259 Exhibit 244, # 260 Exhibit 245, # 261 Exhibit 246)(GORBEY, JACQUELINE) Modified on 3/6/2017 (fb). (Entered: 03/04/2017)

03/04/2017

1041

Exhibit List Amended Joint Appendix for Phase II Summary Judgment Motions [Dkt. No. 1040] by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 491 of 745
DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 492 of 745

SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.. (GORBEY, JACQUELINE) (Entered: 03/04/2017)

03/04/2017

1042

Statement Plaintiffs' Statement of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment as to Defendants' Liability Under ERISA Section 510 by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 493 of 745
DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 494 of 745

KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Certificate of service)(MEEHAN, COLEEN) (Entered: 03/04/2017)

03/06/2017

1043

ORDER THAT UPON CONSIDERATION OF THE ALLSTATE DEFENDANTS' MOTION FOR A PROTECTIVE ORDER 1018 , IT IS HEREBY ORDERED THAT THE MOTION IS DENIED, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 3/6/17.3/6/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/06/2017)

03/06/2017

1044

ORDER THAT UPON CONSIDERATION OF THE ALLSTATE DEFENDANTS MOTION TO COMPEL PRODUCTION OF DOCUMENTS 1021 , IT IS HEREBY ORDERED THAT THE MOTION IS DENIED. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 3/6/17.3/6/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/06/2017)

03/06/2017 1045 Letter RESPONSE in Support re 1024 MOTION to Compel Plaintiffs' Motion to Compel Deposition Testimony of Defendants Allstate Insurance Company and the Allstate Corporation and To Extend Time for Rule 30(b)(6) Deposition filed by

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 495 of 745
THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 496 of 745
ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 497 of 745

MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) Modified on 3/7/2017 (afm, ). (Entered: 03/06/2017)

03/06/2017

1046

REPLY to Response to Motion re 1016 MOTION to Sever Plaintiffs' Claims in Counts I, V−VII, and XI−XIV MOTION to Transfer Plaintiffs' Claims in Counts I, V−VII, and XI−XIV filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (ZOLNER, ERICA) (Entered: 03/06/2017)

03/08/2017

1047

ORDER THAT UPON CONSIDERATION OF PLAINTIFF'S MOTION TO COMPEL DEPOSITION TESTIMONY OF DEFENDANTS ALLSTATE INSURANCE COMPANY AND THE ALLSTATE CORPORATION AND TO EXTEND TIME FOR RULE 30(b)(6) DEPOSITION 1024 , IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED; ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 3/8/17.3/8/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/08/2017)

03/09/2017

1048

MOTION to Amend/Correct Case Management Order filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 498 of 745
DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 499 of 745

KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3)(MEEHAN, COLEEN) (Entered: 03/09/2017)

03/10/2017 1049 RESPONSE in Opposition re 1048 MOTION to Amend/Correct Case Management Order filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 03/10/2017)

03/10/2017

1050

ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION TO AMEND 1048 IS GRANTED IN PART AND DENIED IN PART. NO LATER THAN 3/31/2017, PLAINTIFFS MAY FILE A REPLY IN SUPPORT OF THEIR ERISA MOTION FOR SUMMARY JUDGMENT AND AN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON THE ERISA CLAIM IN PHASE II WITH DEFENDANTS' REPLY IN SUPPORT OF THEIR ERISA SUMMARY JUDGMENT MOTION DUE BY 4/7/2017; THE PARTIES MAY FILE PRETRIAL MEMORANDA NO LATER THAN 4/12/2017; OUR FINAL PRETRIAL CONFERENCE WILL BE HELD BY TELEPHONE ON 4/28/2017, AT

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 500 of 745

NOON EST; ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/10/17.3/10/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) Modified on 3/10/2017 (ti, ). (Entered: 03/10/2017)

03/10/2017

Set/Reset Deadlines (ti, ) (Entered: 03/10/2017)

03/10/2017

Set/Reset Deadlines (ti, ) (Entered: 03/10/2017)

03/10/2017

1051

MOTION for Reconsideration re 1044 Order on Motion to Compel, filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief in Support, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Declaration of J. Heinz, # 4 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 03/10/2017)

03/13/2017

1052

AMENDED STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT'S LIABILITY UNDER ERISA SECTION 510 by THOMAS ABELL, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 501 of 745
FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 502 of 745

WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Amendment to 1042 Statement,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Plaintiffs' Amended Statement of Undisputed Facts in Support of Their Motion for Summary Judgment as to Defendants' Liability Under ERISA Section 510, CERTIFICATE OF SERVICE. (MEEHAN, COLEEN) Modified on 3/15/2017 (afm, ). (Entered: 03/13/2017)

03/13/2017

1053

AMENDED JOINT APPENDIX FOR PHASE II SUMMARY JUDGMENT MOTIONS by KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL),

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 503 of 745
LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 504 of 745

WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Amendment to 1041 Exhibit List,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Amended Joint Appendix for Phase II Summary Judgment Motions for Trial Commencing May 5, 2017. (Attachments: # 1 Amended Exhibit 203, # 2 Amended Exhibit 208, # 3 Amended Exhibit 124, # 4 Amended Exhibit 217, # 5 Amended Exhibit 229, # 6 Amended Exhibit 234, # 7 Amended Exhibit 239, # 8 Amended Exhibit 243, # 9 Exhibit 247)(MEEHAN, COLEEN) Modified on 3/15/2017 (afm, ). (Entered: 03/13/2017)

03/15/2017

1054

LETTER RESPONSE in Opposition re 1051 MOTION for Reconsideration re 1044 Order on Motion to Compel, filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 505 of 745
HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 506 of 745
KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 507 of 745

RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Text of Proposed Order Proposed Order)(MEEHAN, COLEEN) Modified on 3/16/2017 (afm, ). (Entered: 03/15/2017)

03/17/2017

1055

ORDER THAT UPON CONSIDERATION OF THE ALLSTATE DEFENDANTS' MOTION FOR RECONSIDERATION OF THE COURT'S MARCH 6, 2017 ORDER 1051 , IT IS HEREBY ORDERED THAT THE MOTION IS DENIED. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 3/17/17.3/17/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/17/2017)

03/17/2017

1056

RESPONSE in Opposition re 1039 MOTION for Summary Judgment Plaintiffs' Motion for Summary Judgment as to Defendants' Liability Under ERISA Section 510 filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (ZOLNER, ERICA) (Entered: 03/17/2017)

03/17/2017

1057

Allstate's Response to Plaintiffs' Amended Statement of Facts in Support of Their Motion for Summary Judgment as to Defendants' Liability Under ERISA 510 by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration of E. Zolner, # 3 Exhibit 248 to Declaration of E. Zolner, # 4 Exhibit 249 to Declaration of E. Zolner, # 5 Exhibit 250 to Declaration of E. Zolner, # 6 Exhibit 251 to Declaration of E. Zolner, # 7 Exhibit 252 to Declaration of E. Zolner, # 8 Exhibit 253 to Declaration of E. Zolner, # 9 Exhibit 254 to Declaration of E. Zolner, # 10 Exhibit 255 to Declaration of E. Zolner, # 11 Exhibit 256 to Declaration of E. Zolner, # 12 Exhibit 257 to Declaration of E. Zolner, # 13 Exhibit 258 to Declaration of E. Zolner, # 14 Exhibit 259 to Declaration of E. Zolner, # 15 Exhibit 260 to Declaration of E. Zolner, # 16 Exhibit 261 to Declaration of E. Zolner, # 17 Exhibit 262 to Declaration of E. Zolner, # 18 Exhibit 263 to Declaration of E. Zolner, # 19 Exhibit 264 to Declaration of E. Zolner, # 20 Exhibit 265 to Declaration of E. Zolner, # 21 Exhibit 266 to Declaration of E. Zolner, # 22 Exhibit 267 to Declaration of E. Zolner, # 23 Exhibit 268 to Declaration of E. Zolner, # 24 Exhibit 269 to Declaration of E. Zolner, # 25 Exhibit 270 to Declaration of E. Zolner, # 26 Exhibit 271 to Declaration of E. Zolner, # 27 Exhibit 272 to Declaration of E. Zolner, # 28 Exhibit 273 to Declaration of E. Zolner, # 29 Exhibit 274 to Declaration of E. Zolner, # 30 Exhibit 275 to Declaration of E. Zolner, # 31 Exhibit 276 to Declaration of E. Zolner, # 32 Exhibit 277 to Declaration of E. Zolner, # 33 Exhibit 278 to Declaration of E. Zolner, # 34 Exhibit 279 to Declaration of E. Zolner, # 35 Exhibit 280 to Declaration of E. Zolner, # 36 Exhibit 281 to Declaration of E. Zolner, # 37 Exhibit 282 to Declaration of E. Zolner, # 38 Exhibit 283 to Declaration of E. Zolner, # 39 Exhibit 284 to Declaration of E. Zolner, # 40 Exhibit 285 to Declaration of E. Zolner, # 41 Exhibit 286 to Declaration of E. Zolner, # 42 Exhibit 287 to Declaration of E. Zolner)(ZOLNER, ERICA) Modified on 3/20/2017 (lisad, ). (Entered: 03/17/2017)

03/17/2017 1058 MEMORANDUM of Law in Opposition re 1039 MOTION for Summary Judgment Plaintiffs' Motion for Summary Judgment as to Defendants' Liability Under ERISA Section 510 filed by EDWARD M. LIDDY. Certificate of Service. (LANGEL, JOHN) Modified on 3/20/2017 (lisad, ). (Entered: 03/17/2017)

03/17/2017 1059 Edward M. Liddy's Response to Plaintiffs' Amended Statement of Facts in Support of Their Motion for Summary Judgment as to Defendants' Liability Under ERISA 510 by EDWARD M. LIDDY. (LANGEL, JOHN) Modified on 3/20/2017 (lisad, ). (Entered: 03/17/2017)

03/17/2017 1060 Declaration of Coleen M. Meehan in Support of Plaintiffs' Opposition re 1007 MOTION for Summary Judgment on Plaintiffs' ADEA Claims (Count IV) filed by

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 508 of 745
THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 509 of 745
ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 510 of 745
MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Appendix, # 2 Exhibit 38, # 3 Exhibit 39, # 4 Exhibit 40, # 5 Exhibit 41, # 6 Exhibit 42, # 7 Exhibit 43, # 8 Exhibit 44, # 9 Exhibit 45, # 10 Exhibit 46, # 11 Exhibit 47 (1 of 2), # 12 Exhibit 47 (2 of 2), # 13 Exhibit 48, # 14 Exhibit 49, # 15 Exhibit 50, # 16 Exhibit 51, # 17 Exhibit 52, # 18 Exhibit 53, # 19 Exhibit 54, # 20 Exhibit 55, # 21 Exhibit 56, # 22 Exhibit 57, # 23 Exhibit 58, # 24 Exhibit 59 (1 of 2), # 25 Exhibit 59 (2 of 2), # 26 Exhibit 60, # 27 Exhibit 61, # 28 Exhibit 62 (1 of 3), # 29 Exhibit 62 (2 of 3), # 30 Exhibit 62 (3 of 3), # 31 Exhibit 63, # 32 Exhibit 64, # 33 Exhibit 65, # 34 Exhibit 66, # 35 Exhibit 67 (1 of 4), # 36 Exhibit 67 (2 of 4), # 37 Exhibit 67 (3 of 4), # 38 Exhibit 67 (4 of 4), # 39 Exhibit 68, # 40 Exhibit 69, # 41 Exhibit 70, # 42 Exhibit 71, # 43 Exhibit 72, # 44 Exhibit 73, # 45 Exhibit 74, # 46 Exhibit 75, # 47 Exhibit 76, # 48 Exhibit 77, # 49 Exhibit 78, # 50 Exhibit 79, # 51 Exhibit 80, # 52 Exhibit 81, # 53 Exhibit 82, # 54 Exhibit 83, # 55 Exhibit 84, # 56 Exhibit 85, # 57 Exhibit 86, # 58 Exhibit 87, # 59 Exhibit 88, # 60 Exhibit 89, # 61 Exhibit 90, # 62 Exhibit 91, # 63 Exhibit 92, # 64 Exhibit 93, # 65 Exhibit 94, # 66 Exhibit 95, # 67 Exhibit 96, # 68 Exhibit 97, # 69 Exhibit 98, # 70 Exhibit 99, # 71 Exhibit 100, # 72 Exhibit 101, # 73 Exhibit 102, # 74 Exhibit 103, # 75 Exhibit 104, # 76 Exhibit 105, # 77 Exhibit 106, # 78 Exhibit 107, # 79 Exhibit 108, # 80 Exhibit 109, # 81 Exhibit 110, # 82 Exhibit 111, # 83 Exhibit 112, # 84 Exhibit 113, # 85 Exhibit 114, # 86 Exhibit 115, # 87 Exhibit 116, # 88 Exhibit 117, # 89 Exhibit 118, # 90 Exhibit 119, # 91 Exhibit 120, # 92 Exhibit 121, # 93 Exhibit 122, # 94 Exhibit 123, # 95 Exhibit 124, # 96 Exhibit 125, # 97 Exhibit 126, # 98 Exhibit 127, # 99 Exhibit 128, # 100 Exhibit 129, # 101 Exhibit 130, # 102 Exhibit 131, # 103 Exhibit 132, # 104 Exhibit 133, # 105 Exhibit 134, # 106 Exhibit 135, # 107 Exhibit 136, # 108 Exhibit 137, # 109 Exhibit 138, # 110 Exhibit 139, # 111 Exhibit 140, # 112 Exhibit 141, # 113 Exhibit 142, # 114 Exhibit 143, # 115 Exhibit 144, # 116 Exhibit 145, # 117 Exhibit 146, # 118 Exhibit 147, # 119 Exhibit 148, # 120 Exhibit 149, # 121 Exhibit 150, # 122 Exhibit 151, # 123 Exhibit 152, # 124 Exhibit 153, # 125 Exhibit 154, # 126 Exhibit 155, # 127 Exhibit 156, # 128 Exhibit 157, # 129 Exhibit 158, # 130 Exhibit 159, # 131 Exhibit 160, # 132 Exhibit 161, # 133 Exhibit 162, # 134 Exhibit 163, # 135 Exhibit 164, # 136 Exhibit 165, # 137 Exhibit 166, # 138 Exhibit 167, # 139 Exhibit 168, # 140 Exhibit 169, # 141 Exhibit 170, # 142 Exhibit 171, # 143 Exhibit 172, # 144 Exhibit 173, # 145 Exhibit 174, # 146 Exhibit 175, # 147 Exhibit 176, # 148 Exhibit 177, # 149 Exhibit 178, # 150 Exhibit 179, # 151 Exhibit 180, # 152 Exhibit 181, # 153 Exhibit 182, # 154 Exhibit 183, # 155 Exhibit 184, # 156 Exhibit 185, # 157 Exhibit 186, # 158 Exhibit 187, # 159 Exhibit 188, # 160 Exhibit 189, # 161 Exhibit 190, # 162 Exhibit 191, # 163 Exhibit 192, # 164 Exhibit 193, # 165 Exhibit 194, # 166 Exhibit 195, # 167 Exhibit 196, # 168 Exhibit 197, # 169 Exhibit 198, # 170 Exhibit 199, # 171 Exhibit 200, # 172 Exhibit 201, # 173 Exhibit 202, # 174 Exhibit 203, # 175 Exhibit 204, # 176 Exhibit 205, # 177 Exhibit 206, # 178 Exhibit 207, # 179 Exhibit 208, # 180 Exhibit 209, # 181 Exhibit 210, # 182 Exhibit 211, # 183 Exhibit 212, # 184 Exhibit 213, # 185 Exhibit 214, # 186 Exhibit 215, # 187 Exhibit 216, # 188 Exhibit 217, # 189 Exhibit 218, # 190 Exhibit 219, # 191 Exhibit 220, # 192 Exhibit 221, # 193 Exhibit 222, # 194 Exhibit 223, # 195 Exhibit 224, # 196 Exhibit 225, # 197 Exhibit 226, # 198 Exhibit 227, # 199 Exhibit 228, # 200 Exhibit 229, # 201 Exhibit 230, # 202 Exhibit 231, # 203 Exhibit 232, # 204 Exhibit 233)(GORBEY, JACQUELINE) Modified on 3/20/2017 (lisad, ). (Entered: 03/17/2017)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 511 of 745

03/17/2017

1061

MEMORANDUM of Law in Opposition re 1007 MOTION for Summary Judgment on Plaintiffs' ADEA Claims (Count IV) filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 512 of 745
HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B.

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TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Plaintiffs' Statement of Material Facts in Response to the Allstate Defendants' Statement of "Undisputed" Facts in Support of their Motion for Summary Judgment on Plaintiffs' ADEA Claims, # 2 Proposed Order)(MEEHAN, COLEEN) Modified on 3/20/2017 (lisad, ). (Entered: 03/17/2017)

03/20/2017

1062

ORDER THAT OUR 5/2/2016 ORDER 852 IS AMENDED SO AS TO ATTACH COUNSEL AND THE PARTIES FOR A FIVE (5) DAY JURY TRIAL BEGINNING ON 5/8/2017, AT 9:00 AM, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/20/17. 3/20/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/20/2017)

03/21/2017 1063 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held on 3/20/17 (ti, ) (Entered: 03/21/2017)

03/24/2017 1064 REPLY Memorandum in Support re 1007 MOTION for Summary Judgment on Plaintiffs' ADEA Claims (Count IV) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (ZOLNER, ERICA) Modified on 3/27/2017 (lisad, ). (Entered: 03/24/2017)

03/24/2017

1065

Statement Allstate's Response to Plaintiffs' "Additional Statement of Facts" by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration of E. Zolner, # 3 Exhibit 234 to Declaration of E. Zolner, # 4 Exhibit 235 to Declaration of E. Zolner, # 5 Exhibit 236 to Declaration of E. Zolner, # 6 Exhibit 237 to Declaration of E. Zolner, # 7 Exhibit 238 to Declaration of E. Zolner, # 8 Exhibit 239 to Declaration of E. Zolner, # 9 Exhibit 240 to Declaration of E. Zolner, # 10 Exhibit 241 to Declaration of E. Zolner, # 11 Exhibit 242 to Declaration of E. Zolner, # 12 Exhibit 243 to Declaration of E. Zolner, # 13 Exhibit 244 to Declaration of E. Zolner, # 14 Exhibit 245 to Declaration of E. Zolner, # 15 Exhibit 246 to Declaration of E. Zolner, # 16 Exhibit 247 to Declaration of E. Zolner, # 17 Exhibit 248 to Declaration of E. Zolner, # 18 Exhibit 249 to Declaration of E. Zolner, # 19 Exhibit 250 to Declaration of E. Zolner, # 20 Exhibit 251 to Declaration of E. Zolner, # 21 Exhibit 252 to Declaration of E. Zolner, # 22 Exhibit 253 to Declaration of E. Zolner, # 23 Exhibit 254 to Declaration of E. Zolner, # 24 Exhibit 255 to Declaration of E. Zolner, # 25 Exhibit 256 to Declaration of E. Zolner, # 26 Exhibit 257 to Declaration of E. Zolner, # 27 Exhibit 258 to Declaration of E. Zolner, # 28 Exhibit 259 to Declaration of E. Zolner, # 29 Exhibit 260 to Declaration of E. Zolner, # 30 Exhibit 261 to Declaration of E. Zolner, # 31 Exhibit 262 to Declaration of E. Zolner, # 32 Exhibit 263 to Declaration of E. Zolner, # 33 Exhibit 264 to Declaration of E. Zolner, # 34 Exhibit 265 to Declaration of E. Zolner, # 35 Exhibit 266 to Declaration of E. Zolner, # 36 Exhibit 267 to Declaration of E. Zolner, # 37 Exhibit 268 to Declaration of E. Zolner, # 38 Exhibit 269 to Declaration of E. Zolner, # 39 Exhibit 270 to Declaration of E. Zolner, # 40 Exhibit 271 to Declaration of E. Zolner, # 41 Exhibit 272 to Declaration of E. Zolner, # 42 Exhibit 273 to Declaration of E. Zolner, # 43 Exhibit 274 to Declaration of E. Zolner, # 44 Exhibit 275 to Declaration of E. Zolner, # 45 Exhibit 276 to Declaration of E. Zolner, # 46 Exhibit 277 to Declaration of E. Zolner, # 47 Exhibit 278 to Declaration of E. Zolner, # 48 Exhibit 279 to Declaration of E. Zolner, # 49 Exhibit 280 to Declaration of E. Zolner, # 50 Exhibit 281 to Declaration of E. Zolner,

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# 51 Exhibit 282 to Declaration of E. Zolner, # 52 Exhibit 283 to Declaration of E. Zolner, # 53 Exhibit 284 to Declaration of E. Zolner, # 54 Exhibit 285 to Declaration of E. Zolner, # 55 Exhibit 286 to Declaration of E. Zolner, # 56 Exhibit 287 to Declaration of E. Zolner, # 57 Exhibit 288 to Declaration of E. Zolner, # 58 Exhibit 289 to Declaration of E. Zolner, # 59 Exhibit 290 to Declaration of E. Zolner, # 60 Exhibit 291 to Declaration of E. Zolner, # 61 Exhibit 292 to Declaration of E. Zolner)(ZOLNER, ERICA) (Entered: 03/24/2017)

03/29/2017

1066

MOTION for Leave to File Excess Pages to File Single Memorandum of Law in Excess of Page Limit to Respond to Two Summary Judgment Motions filed by The Allstate Defendants and Edward Liddy filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 515 of 745
GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 516 of 745

D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MEEHAN, COLEEN) (Entered: 03/29/2017)

03/29/2017

1067

Objections by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION re 1044 Order on Motion to Compel, 1055 Order on Motion for Reconsideration, Objections to and Appeal from the Magistrate Judges March 6, 2017 and March 17, 2017 Orders or, in the Alternative, Request to Bar Plaintiffs from Offering Any Evidence of Plaintiffs Financial Circumstances in the Phase II Proceedings. (Attachments: # 1 Memorandum in Support)(HEINZ, JORDAN) (Entered: 03/29/2017)

03/29/2017

1068

ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION TO FILE ONE MEMORANDA IN EXCESS OF OUR PAGE LIMITS 1066 , IT IS ORDERED THE MOTION 1066 IS GRANTED AND PLAINTIFFS MAY TIMELY FILE ONE MEMORANDUM NOT TO EXCEED 35 PAGES IN OPPOSITION TO SEPARATE MOTIONS FOR SUMMARY JUDGMENT (ECF DOC. NOS. 1035, 1037). SIGNED BY HONORABLE MARK A. KEARNEY ON 3/29/17.3/29/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/29/2017)

03/30/2017

1069

MOTION for Sanctions filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 517 of 745
CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 518 of 745
METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief, # 2 Declaration, # 3 Text of Proposed Order, # 4 Exhibit, # 5 Exhibit)(MEEHAN, COLEEN) (Entered: 03/30/2017)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 519 of 745

03/30/2017

MOTIONS REFERRED: 1069 MOTION for Sanctions Motions referred to MARILYN HEFFLEY. (lisad, ) (Entered: 03/31/2017)

03/31/2017

1070

DECLARATION of Coleen M. Meehan in Opposition to the Allstate Defendants' Statement of "Undisputed" Facts in Support of their Motion for Summary Judgment as to Defendants' Liability under ERISA § 510 re 1035 MOTION for Summary Judgment on Plaintiffs' ERISA § 510 Claims (Count II), 1037 MOTION for Summary Judgment filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 520 of 745
HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 521 of 745

DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit 288, # 3 Exhibit 289, # 4 Exhibit 290, # 5 Exhibit 291, # 6 Exhibit 292, # 7 Exhibit 293, # 8 Exhibit 294, # 9 Exhibit 295, # 10 Exhibit 296, # 11 Exhibit 297, # 12 Exhibit 298, # 13 Exhibit 299, # 14 Exhibit 300, # 15 Exhibit 301, # 16 Exhibit 302, # 17 Exhibit 303, # 18 Exhibit 304, # 19 Exhibit 305, # 20 Exhibit 306, # 21 Exhibit 307, # 22 Exhibit 308, # 23 Exhibit 309, # 24 Exhibit 310 (1 of 2), # 25 Exhibit 310 (2 of 2), # 26 Exhibit 311, # 27 Exhibit 312, # 28 Exhibit 313, # 29 Exhibit 314, # 30 Exhibit 315, # 31 Exhibit 316, # 32 Exhibit 317, # 33 Exhibit 318, # 34 Exhibit 319, # 35 Exhibit 320, # 36 Exhibit 321, # 37 Exhibit 322, # 38 Exhibit 323 (1 of 6), # 39 Exhibit 323 (2 of 6), # 40 Exhibit 323 (3 of 6), # 41 Exhibit 323 (4 of 6), # 42 Exhibit 323 (5 of 6), # 43 Exhibit 323 (6 of 6), # 44 Exhibit 324 (1 of 4), # 45 Exhibit 324 (2 of 4), # 46 Exhibit 324 (3 of 4), # 47 Exhibit 324 (4 of 4), # 48 Exhibit 325, # 49 Exhibit 326, # 50 Exhibit 327, # 51 Exhibit 328, # 52 Exhibit 329, # 53 Exhibit 330, # 54 Exhibit 331, # 55 Exhibit 332, # 56 Exhibit 333, # 57 Exhibit 334, # 58 Exhibit 335, # 59 Exhibit 336, # 60 Exhibit 337, # 61 Exhibit 338, # 62 Exhibit 339, # 63 Exhibit 340, # 64 Exhibit 341, # 65 Exhibit 342, # 66 Exhibit 343, # 67 Exhibit 344, # 68 Exhibit 345, # 69 Exhibit 346)(GORBEY, JACQUELINE) Modified on 4/3/2017 (lisad, ). (Entered: 03/31/2017)

03/31/2017

1071

MEMORANDUM of Law in Opposition re 1035 MOTION for Summary Judgment on Plaintiffs' ERISA § 510 Claims (Count II), 1037 MOTION for Summary Judgment filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 522 of 745
CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 523 of 745
MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Plaintiffs' Response in Opposition to Allstate Defendants' Statement of Undisputed Facts in Support of their Motion for Summary Judgment as to Defendants' Liability under ERISA Section 510 and Plaintiffs' Statement of Additional Material Facts, # 2 Proposed Order)(MEEHAN, COLEEN) Modified on 4/3/2017 (lisad, ). (Entered: 03/31/2017)
03/31/2017 1072 Amended EXHIBIT 337 re 1035 MOTION for Summary Judgment on Plaintiffs' ERISA § 510 Claims (Count II), 1037 MOTION for Summary Judgment filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 524 of 745
WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 525 of 745
S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 526 of 745

TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (GORBEY, JACQUELINE) Modified on 4/3/2017 (lisad, ). (Entered: 03/31/2017)

03/31/2017

1073

REPLY Memorandum of Law in Support re 1039 MOTION for Summary Judgment Plaintiffs' Motion for Summary Judgment as to Defendants' Liability Under ERISA Section 510 filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 527 of 745
FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 528 of 745

GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Plaintiffs' Response to Allstate Defendants' Additional Statement of Undisputed Facts Included in their Opposition to Plaintiffs' Motion for Summary Judgment as to Defendants' Liability Under ERISA Section 510)(MEEHAN, COLEEN) Modified on 4/3/2017 (lisad, ). (Entered: 03/31/2017)

04/03/2017 1074 Transcript of Bench Trial Day 1 held on 12/5/16, before Judge Mark A. Kearney. Court Reporter/Transcriber Suzanne White. (ti, ) (Entered: 04/03/2017)

04/03/2017 1075 Transcript of Bench Trial Day 2 held on 12/6/17, before Judge Mark A. Kearney. Court Reporter/Transcriber Suzanne White. (ti, ) (Entered: 04/03/2017)

04/04/2017

1076

MOTION for Leave to File Instanter a Letter Brief in Excess of 5 Pages in Opposition to Plaintiffs' Motion for Sanctions (Dkt. No. 1069) filed by ALLSTATE INSURANCE COMPANY.Letter Brief, Declaration, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Opposition, # 4 Exhibit 2 to Opposition, # 5 Exhibit 3 to Opposition, # 6 Exhibit 4 to Opposition, # 7 Exhibit 5 to Opposition, # 8 Exhibit 6 to Opposition, # 9 Exhibit 7 to Opposition, # 10 Exhibit 8 to Opposition, # 11 Exhibit 9 to Opposition, # 12 Exhibit B)(HEINZ, JORDAN) (Entered: 04/04/2017)

04/05/2017

MOTIONS REFERRED: 1076 MOTION for Leave to File Instanter a Letter Brief in Excess of 5 Pages in Opposition to Plaintiffs' Motion for Sanctions (Dkt. No. 1069) Motions referred to MAGISTRATE JUDGE MARILYN HEFFLEY. (afm, ) (Entered: 04/05/2017)

04/07/2017 1077 REPLY in Support re 1035 MOTION for Summary Judgment on Plaintiffs' ERISA § 510 Claims (Count II) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (ZOLNER, ERICA) Modified on 4/10/2017 (lisad, ). (Entered: 04/07/2017)

04/07/2017 1078 Statement Allstate's Response to Plaintiffs' "Additional Statement of Facts" by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 529 of 745

(Attachments: # 1 Appendix Table of Contents, # 2 Declaration of E. Zolner, # 3 Exhibit 347, # 4 Exhibit 348)(ZOLNER, ERICA) (Entered: 04/07/2017)

04/07/2017

1079

LETTER Reply Brief in Further Support addressed to the Honorable Marilyn Heffley re 1076 MOTION for Leave to File Instanter a Letter Brief in Excess of 5 Pages in Opposition to Plaintiffs' Motion for Sanctions (Dkt. No. 1069) filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 530 of 745
HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 531 of 745

CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (MEEHAN, COLEEN) Modified on 4/10/2017 (lisad, ). (Entered: 04/07/2017)

04/07/2017 1080 REPLY Memorandum of Law in Further Support re 1037 MOTION for Summary Judgment on ERISA Section 510 Claim filed by EDWARD M. LIDDY. Certificate of Service. (LANGEL, JOHN) Modified on 4/10/2017 (lisad, ). (Entered: 04/07/2017)

04/07/2017

1081

MOTION in Limine To Exclude Allstate's Proposed Expert Dr. Kevin M. Murphy filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 532 of 745
SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 533 of 745

RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion in Limine to Exclude Dr. Kevin M. Murphy, # 2 Declaration of Coleen M. Meehan, # 3 Exhibit A to Meehan Declaration − Dr. Murphy Report, # 4 Exhibit B to Meehan Declaration − Excerpts from Dr. Murphy Deposition, # 5 Exhibit C to Meehan Declaration − Rebuttal Report of Dr. David W. Griffin, # 6 Text of Proposed Order Granting Motion in Limine, # 7 Certificate of Service)(MEEHAN, COLEEN) (Entered: 04/07/2017)

04/07/2017

1082

MOTION in Limine to Exclude Allstate's Proposed Rebuttal Expert Dr. Ali Saad filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 534 of 745
ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 535 of 745
MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 536 of 745

D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion in Limine to Exclude Dr. Saad, # 2 Declaration of Coleen M. Meehan in Support of Motion in Limine to Exclude Dr. Saad, # 3 Exhibit A to Meehan Declaration − Dr. Griffin Expert Report, # 4 Exhibit B to Meehan Declaration − Rebuttal Report of Dr. Saad, # 5 Exhibit C to Meehan Declaration − Excerpts from Deposition of Dr. Saad, # 6 Text of Proposed Order Granting Motion in Limine, # 7 Certificate of Service)(MEEHAN, COLEEN) (Entered: 04/07/2017)

04/07/2017

1083

MOTION to Exclude the Rebuttal Opinions of Plaintiffs' Expert David W. Griffin Under Daubert and Federal Rule of Evidence 702 filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Declaration of J. Heinz, # 4 Exhibit 2 to Declaration of J. Heinz, # 5 Exhibit 3 to Declaration of J. Heinz, # 6 Exhibit 4 to Declaration of J. Heinz, # 7 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 04/07/2017)

04/07/2017

1084

MOTION in Limine to Exclude Allstate's Proposed Expert Dr. David F. Babbel filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 537 of 745
FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 538 of 745

GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion in Limine to Exclude Allstate's Proposed Expert Dr. David F. Babbel, # 2 Declaration of Coleen M. Meehan in Support of Motion in Limine to Exclude Dr. Babbel, # 3 Exhibit A to Meehan Declaration − Opening Report of Dr. Babbel, # 4 Exhibit B to Meehan Declaration − Opening Report of Dr. David W. Griffin, # 5 Exhibit C to Meehan Declaration − Opening Report of Lawrence Hoffman, # 6 Exhibit D to Meehan Declaration − Rebuttal Report of Dr. Babbel, # 7 Exhibit E to Meehan Declaration − Rebuttal Report of Dr. David W. Griffin, # 8 Exhibit F to Meehan Declaration − Excerpts from Deposition of Dr. David F. Babbel, # 9 Text of Proposed Order Granting Motion in Limine to Exclude Dr. Babbel, # 10 Certificate of Service)(MEEHAN, COLEEN) (Entered: 04/07/2017)

04/07/2017

1085

MOTION to Exclude the Opinions of Plaintiffs' Expert Lawrence J. Hoffman Under Daubert and Federal Rules of Evidence 702 and 403 filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Declaration of E. Zolner, # 3 Exhibit 1 to Declaration of E. Zolner, # 4 Exhibit 2 to Declaration of E. Zolner, # 5 Exhibit 3 to Declaration of E. Zolner, # 6 Exhibit 4 to Declaration of E. Zolner, # 7 Exhibit 5 to Declaration of E. Zolner, # 8 Exhibit 6 to Declaration of E. Zolner, # 9 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 04/07/2017)

04/09/2017

1086

OBJECTIONS to New Argument and MOTION for Leave to File Allstates Objection to Plaintiffs New Argument and Motion for Leave to File Instanter a Surreply Brief in Opposition to Plaintiffs Motion for Sanctions (Dkt. No. 1069) filed by ALLSTATE INSURANCE COMPANY.Letter Brief, Certificate of Service. (Attachments: # 1 Exhibit A)(HEINZ, JORDAN) Modified on 4/10/2017 (lisad, ). (Entered: 04/09/2017)

04/10/2017 1087 MOTION to Amend/Correct Case Management Orders filed by ALLSTATE INSURANCE COMPANY.Certificate of Service.(KATCHEN, KATHERINE) (Entered: 04/10/2017)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 539 of 745

04/10/2017

1088

LETTER to the Honorable Marilyn Heffley re Objection to Plaintiffs New Argument and Motion for Leave to File Instanter a Surreply Brief in Opposition to Plaintiffs Motion for Sanctions (Dkt. No. 1069) re 1086 OBJECTIONS to New Argument and MOTION for Leave to File filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 540 of 745
HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 541 of 745

SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (MEEHAN, COLEEN) Modified on 4/11/2017 (lisad, ). (Entered: 04/10/2017)

04/11/2017

1089

MOTION to Substitute Party Catherine Haugen for Lawrence Capouch filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 542 of 745
ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 543 of 745

KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Exhibit B)(MEEHAN, COLEEN) (Entered: 04/11/2017)

04/11/2017

1090

MOTION to Substitute Party Sharon Cirillo for James Cirillo filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 544 of 745
COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 545 of 745

MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Exhibit B)(MEEHAN, COLEEN) (Entered: 04/11/2017)

04/11/2017

1091

MOTION to Substitute Party Sherry Earl for Richard Earl filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 546 of 745
DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 547 of 745
LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 548 of 745

WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Exhibit B)(MEEHAN, COLEEN) (Entered: 04/11/2017)

04/11/2017

1092

MOTION to Substitute Party Marian Goelz for Gary Goelz filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 549 of 745
GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 550 of 745

SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Exhibit B)(MEEHAN, COLEEN) (Entered: 04/11/2017)

04/11/2017

1093

MOTION to Substitute Party Patricia Aurand for Richard Aurand filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 551 of 745
DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 552 of 745

DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Exhibit B)(MEEHAN, COLEEN) (Entered: 04/11/2017)

04/11/2017

1094

MOTION to Substitute Party Suzanne Twohig for George Twohig filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 553 of 745
R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 554 of 745
JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit A, # 3 Exhibit B)(MEEHAN, COLEEN) (Entered: 04/11/2017)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 555 of 745

04/11/2017

1095

ORDER THAT UPON CONSIDERATION OF ALLSTATE'S UNOPPOSED MOTION TO AMEND CASE MANAGEMENT DEADLINES 1087 , IT IS ORDERED THAT ALLSTATE'S UNOPPOSED MOTION IS GRANTED. THE PARTIES SHALL EXCHANGE TRIAL EXHIBIT LISTS NO LATER THAN 4/10/2017; NOT LATER THAN 4/17/2017, THE PARTIES SHALL EXCHANGE OBJECTIONS TO TRIAL EXHIBITS; NOT LATER THAN 5/1/2017, AND CONSISTENT WITH THE COURT'S POLICIES, THE PARTIES SHALL DELIVER (BUT NOT FILE) TWO COPIES OF ANY CONTESTED EXHIBIT; THE PARTIES SHALL FILE DEPSOITION DESIGNATIONS ON 4/20/2017; AND, THE PARTIES SHALL FILE OBJECTIONS TO DEPOSITION DESIGNATIONS NO LATER THAN 4/27/2017; ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/11/17.4/11/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 04/11/2017)

04/12/2017

1096

ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION FOR SANCTIONS 1069 , IT IS HEREBY ORDERED THAT DEFENDANT ALLSTATE INSURANCE COMPANY'S MOTION FOR LEAVE TO FILE INSTANTER A LETTER BRIEF IN EXCESS OF 5 PAGES IN OPPOSITION TO PLAINTIFFS' MOTION FOR SANCTIONS 1076 IS GRANTED AND THE ATTACHED LETTER BRIEF IF ACCEPTED FOR FILING; ALLSTATE'S OBJECTION TO PLAINTIFFS' NEW ARGUMENT AND MOTION FOR LEAVE TO FILE INSTANTER A SURREPLY BRIEF IN OPPOSITION TO PLAINTIFFS' MOTION FOR SANCTIONS 1086 IS GRANTED AND THE ATTACHED LETTER BRIEF IS ACCEPTED FOR FILING; PLAINTIFFS' REQUEST IN THE MOTION FOR SANCTIONS THAT THE COURT PRECLUDE ALLSTATE FROM INTRODUCING EVIDENCE ON THE TOPICS FOR WHICH ITS 30(b)(6) WITNESS WAS UNPREPARED IS DENIED WITHOUT PREJUDICE; AND, PLAINTIFFS' REQUEST IN THEIR MOTION FOR SANCTIONS THAT THE COURT TREAT AS ESTABLISHED THAT IN JULY OF 1999, ALLSTATE WITH MERCER'S ASSISTANCE BEGAN ESTIMATING THE CURTAILMENT GAIN ON THE AGENTS PENSION IS DENIED. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 4/12/17.4/12/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 04/12/2017)

04/12/2017 1097 PRETRIAL MEMORANDUM by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(HEINZ, JORDAN) (Entered: 04/12/2017)

04/12/2017 1098 PRETRIAL MEMORANDUM by EDWARD M. LIDDY Certificate of Service. (LANGEL, JOHN) (Entered: 04/12/2017)

04/12/2017

1099

PRETRIAL MEMORANDUM by KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 556 of 745
CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 557 of 745

MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MEEHAN, COLEEN) (Entered: 04/12/2017)

04/12/2017

1100

RESPONSE in Opposition to Allstate's Objections to and Appeal From the Magistrate Judge's March 6, 2017 and March 17, 2017 Orders or, in the Alternative, Request to Bar Plaintiffs from Offering Any Evidence of Plaintiffs' Financial Circumstances in the Phase II Proceedings by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 558 of 745
ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 559 of 745
JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 560 of 745

TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Proposed Order)(MEEHAN, COLEEN) Modified on 4/13/2017 (lisad, ). (Entered: 04/12/2017)

04/14/2017 1101 SUGGESTION OF DEATH Upon the Record as to Willaim Hogan by WILLIAM HOGAN. (BERMAN, MATTHEW) (Entered: 04/14/2017)

04/14/2017

1102

RESPONSE to Motion re 1090 MOTION to Substitute Party Sharon Cirillo for James Cirillo, 1092 MOTION to Substitute Party Marian Goelz for Gary Goelz, 1094 MOTION to Substitute Party Suzanne Twohig for George Twohig, 1091 MOTION to Substitute Party Sherry Earl for Richard Earl, 1089 MOTION to Substitute Party Catherine Haugen for Lawrence Capouch, 1093 MOTION to Substitute Party Patricia Aurand for Richard Aurand filed by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (Entered: 04/14/2017)

04/17/2017

1103

Proposed Voir Dire by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 561 of 745
SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 562 of 745

G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service (MEEHAN, COLEEN) (Entered: 04/17/2017)

04/17/2017

1104

AMENDED PRETRIAL MEMORANDUM by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(HEINZ, JORDAN) Modified on 4/18/2017 (lisad, ). (Entered: 04/17/2017)

04/17/2017 1105 Proposed Voir Dire by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service (HEINZ, JORDAN) (Entered: 04/17/2017)

04/17/2017

1106

MOTION for Sanctions And/or in Limine To Preclude Evidence of Allstate's Alleged Difficulty Introducing New Insurance Products from 1995−1999 Due to Multiple Agent Contracts filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 563 of 745
R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 564 of 745
MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 565 of 745

WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum)(MEEHAN, COLEEN) Modified on 4/18/2017 (lisad, ). (Entered: 04/17/2017)

04/17/2017

1107

MOTION in Limine to Exclude Evidence of Plaintiffs' Individual Financial Circumstances And Reasons for Their Program Decisions Pursuant to Fed. R. Evid. 402 and 403 filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 566 of 745
GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 567 of 745

D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum)(MEEHAN, COLEEN) (Entered: 04/17/2017)

04/17/2017

1108

MOTION in Limine Defendants Motion in Limine No. 1: Motion to Bar Plaintiffs from Trying Their Phase II Claims as if They Represent a Class filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Declaration of J. Heinz, # 4 Exhibit 2 to Declaration of J. Heinz, # 5 Exhibit 3 to Declaration of J. Heinz, # 6 Exhibit 4 to Declaration of J. Heinz, # 7 Exhibit 5 to Declaration of J. Heinz, # 8 Exhibit 6 to Declaration of J. Heinz, # 9 Exhibit 7 to Declaration of J. Heinz, # 10 Exhibit 8 to Declaration of J. Heinz, # 11 Exhibit 9 to Declaration of J. Heinz, # 12 Exhibit 10 to Declaration of J. Heinz, # 13 Exhibit 11 to Declaration of J. Heinz, # 14 Exhibit 12 to Declaration of J. Heinz, # 15 Exhibit 13 to Declaration of J. Heinz, # 16 Exhibit 14 to Declaration of J. Heinz, # 17 Exhibit 15 to Declaration of J. Heinz, # 18 Exhibit 16 to Declaration of J. Heinz, # 19 Exhibit 17 to Declaration of J. Heinz, # 20 Exhibit 18 to Declaration of J. Heinz, # 21 Exhibit 19 to Declaration of J. Heinz, # 22 Exhibit 20 to Declaration of J. Heinz, # 23 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 04/17/2017)

04/17/2017

1109

MOTION in Limine Defendants Motion in Limine No. 3: Motion to Exclude Evidence That Lacks a Proper Foundation or Authenticity and/or is Inadmissible Hearsay filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Declaration of J. Heinz, # 4 Exhibit 2 to Declaration of J. Heinz, # 5 Exhibit 3 to Declaration of J. Heinz, # 6 Exhibit 4 to Declaration of J. Heinz, # 7 Exhibit 5 to Declaration of J. Heinz, # 8 Exhibit 6 to Declaration of J. Heinz, # 9 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 04/17/2017)

04/17/2017

1110

MOTION in Limine Defendants Motion in Limine No. 4: Motion to Exclude from the Jury Evidence and Argument on Plaintiffs ERISA § 510 Claim (Count II) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Declaration of J. Heinz, # 4 Exhibit 2 to Declaration of J. Heinz, # 5 Exhibit 3 to Declaration of J. Heinz, # 6 Exhibit 4 to Declaration of J. Heinz, # 7 Exhibit 5 to Declaration of J. Heinz, # 8 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 04/17/2017)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 568 of 745

04/17/2017

1111

MOTION in Limine Defendants Motion in Limine No. 5: Motion to Enforce the Prior Decisions of This Court and the Third Circuit as the Law of the Case filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Declaration of J. Heinz, # 4 Exhibit 2 to Declaration of J. Heinz, # 5 Exhibit 3 to Declaration of J. Heinz, # 6 Exhibit 4 to Declaration of J. Heinz, # 7 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 04/17/2017)

04/17/2017

1112

MOTION in Limine Defendants Motion in Limine No. 2: Motion to Exclude Evidence That is Irrelevant to Phase II Common Issues and/or Unduly Prejudicial filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Declaration of J. Heinz, # 4 Exhibit 2 to Declaration of J. Heinz, # 5 Exhibit 3 to Declaration of J. Heinz, # 6 Exhibit 4 to Declaration of J. Heinz, # 7 Exhibit 5 to Declaration of J. Heinz, # 8 Exhibit 6 to Declaration of J. Heinz, # 9 Exhibit 7 to Declaration of J. Heinz, # 10 Exhibit 8 to Declaration of J. Heinz, # 11 Exhibit 9 to Declaration of J. Heinz, # 12 Exhibit 10 to Declaration of J. Heinz, # 13 Exhibit 11 to Declaration of J. Heinz, # 14 Exhibit 12 to Declaration of J. Heinz, # 15 Exhibit 13 to Declaration of J. Heinz, # 16 Exhibit 14 to Declaration of J. Heinz, # 17 Exhibit 15 to Declaration of J. Heinz, # 18 Exhibit 16 to Declaration of J. Heinz, # 19 Exhibit 17 to Declaration of J. Heinz, # 20 Exhibit 18 to Declaration of J. Heinz, # 21 Exhibit 19 to Declaration of J. Heinz, # 22 Exhibit 20 to Declaration of J. Heinz, # 23 Exhibit 21 to Declaration of J. Heinz, # 24 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 04/17/2017)

04/18/2017

1113

ORDER THAT PLAINTIFFS MOTIONS TO SUBSTITUTE (DOC NOS. 1089, 1090, 1091, 1092, 1093, 1094) ARE GRANTED WITHOUT OBJECTION SUBJECT TO THE DEFENDANTS ABILITY TO CHALLENGE SPECIFIC RELIEF IN THE INDIVIDUAL CASES WHICH, UNDER VARIOUS STATE LAWS, MAY NOT SURVIVE THE DEATH OF THE ORIGINAL PLAINTIFF. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/18/17. 4/18/17 ENTERED AND COPIES MAILED, E−MAILED.(rf, ) (Entered: 04/18/2017)

04/18/2017

1114

SUGGESTION OF DEATH Upon the Record as to Allen Foster by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 569 of 745
DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 570 of 745

OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 04/18/2017)

04/19/2017

1115

Allstate's Reply in Support of Objections to and Appeal from the Magistrate Judges March 6, 2017 and March 17, 2017 Orders or, in the Alternative, Request to Bar Plaintiffs from Offering Any Evidence of Plaintiffs Financial Circumstances in the Phase II Proceedings by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION re 1044 Order on Motion to Compel, 1055 Order on Motion for Reconsideration. Certificate of Service. (HEINZ, JORDAN) Modified on 4/20/2017 (lisad, ). (Entered: 04/19/2017)

04/20/2017

1116

AMENDED DOCUMENT by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 571 of 745
BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 572 of 745
ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 573 of 745

ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Amendment to 1099 Pretrial Memorandum,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Amended Exhibit A to Plaintiffs' Pretrial Memorandum (Amended Witness List for May 8, 2017 Trial). (MEEHAN, COLEEN) (Entered: 04/20/2017)

04/20/2017

1117

Plaintiffs' Deposition Designations for Phase II Trial Commencing May 8, 2017 by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 574 of 745
KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 575 of 745

SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) Modified on 4/21/2017 (lisad, ). (Entered: 04/20/2017)

04/20/2017

1118

Defendants' Deposition Designations for the Phase II Trial Beginning May 8, 2017 by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. Certificate of Service. (HEINZ, JORDAN) Modified on 4/21/2017 (lisad, ). (Entered: 04/20/2017)

04/20/2017

1119

Proposed Jury Instructions by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 576 of 745
JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 577 of 745
MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service (MEEHAN, COLEEN) (Entered: 04/20/2017)
04/20/2017 1120 Proposed Jury Instructions by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(HEINZ, JORDAN) (Entered: 04/20/2017)
04/21/2017 1121 ORDER THAT THE PARTIES' DAUBERT AND TRIAL MOTIONS IN LIMINE ARE DENIED AS MOOT. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/21/17.4/21/17 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) (Entered: 04/21/2017)
04/21/2017 1122 ORDER THAT DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT DISMISSING PLAINTIFFS' AGE DISCRIMINATION IN

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EMPLOYMENT ACT CLAIM FOR DISPARATE IMPACT IS GRANTED AS THERE ARE NO GENIUNE ISSUES OF MATERIAL FACT AND PARTIAL SUMMARY JUDGMENT DISMISSING PLAINTIFFS' DISPARATE IMPACT AGE DISCRIMINATION CLAIM IS WARRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/21/17.4/21/17 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) (Entered: 04/21/2017)

04/21/2017

1123

ORDER THAT PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON THEIR ERISA SECTION 510 CLAIMS IS DENIED; ALLSTATE'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFF'S ERISA SECTION 510 CLAIMS IS GRANTED AS THERE ARE NO GENUINE ISSUES OF MATERIAL FACT AND JUDGMENT, AS A MATTER OF LAW IS WARRANTED IN FAVOR OF DEFENDANT ALLSTATE ON THIS CLAIM; AND EDWARD LIDDY'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS' ERISA SECTION 510 CLAIM IS GRANTED AS THERE ARE NO GENUINE ISSUES OF MATERIAL FACT AND JUDGMENT IS WARRANTED IN HIS FAVOR AS A MATTER OF LAW ON THIS CLAIM. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/21/17.4/21/17 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) (Entered: 04/21/2017)

04/21/2017

1124

ORDER THAT DEFENDANTS' OBJECTIONS AND APPEAL FROM THE UNITED STATES MAGISTRATE JUDGE'S MARCH 6, 2017 AND MARCH 17, 2017 ORDER, PLAINTIFFS' OPPOSITION AND MINDFUL OF THE DEFENDANTS' COUNSEL'S APRIL 29, 2016 REPRESENTATION TO THE COURT UPON WHICH WE RELIED, AGREEING TO OUR ASSIGNING ALL DISCOVERY MATTERS FOR FINAL RESOLUTION TO JUDGE HEFFLEY IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/21/17. 4/21/17 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) (Entered: 04/21/2017)

04/26/2017 1125 MOTION to Substitute Jacalyn L. Hogan as Successor for the Estate of William Hogan filed by WILLIAM HOGAN.Memorandum, Exhibits. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B)(BERMAN, MATTHEW) (Entered: 04/26/2017)

04/27/2017

1126

MEMORANDUM WITH FINDINGS OF FACT AND CONCLUSIONS OF LAW FOLLOWING OUR PHASE I NON−JURY TRIAL ON ERISA'S ANTI−CUTBACK RULES. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/27/2017. 4/27/2017 ENTERED AND COPIES MAILED, E−MAILED.(ahf) (Entered: 04/27/2017)

04/27/2017

1127

ORDER THAT DEFENDANTS' NOVERMBER 1991 AMENDMENT TO THE ALLSTATE AGENTS PENSION PLAN IS NOT A CUTBACK OF THE EARLY RETIREMENT BEEF−UP SUBSIDY BENEFIT UNDER ERISA 204(g), 29 U.S.C. 1054(g). DEFENDANTS' INTERPRETATION OF THE TERM "RETIRE" IN THE PLAN TO DENY ELIGIBILITY FOR THE EARLY RETIREMENT BEEF−UP SUBSIDY BENEFIT TO CERTAIN EXCLUSIVE AGENTS (EA) CONSTITUTES A CUTBACK IN VIOLATION OF ERISA 204(g) BECAUSE THIS MISINTERPRETATION DENIED CERTAIN EAS'S THE PROTECTION OF THE SAFE HARBOR PROVISION. ON OR BEFORE 5/10/2017, DEFENDANTS SHALL CALCULATE AND PROVIDE PLAINTIFFS' COUNSEL WITH SUFFICIENT DATA TO ALLOW PLAINTIFFS, TO FILE AN ACCOUNTING ON OR BEFORE 5/16/2017 COMPARING ALTERNATIVES NOS. 1 AND 2 FOR ANY GROUP TWO, THREE OR FOUR PLAINTIFF BASED ON THE DEFENDANTS' NOVEMBER 1991 SAFE HARBOR AMENDMENT. DEFENDANTS MAY FILE OBJECTIONS TO THIS ACCOUNTING BY 5/26/2017. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/27/2017. 4/27/2017 ENTERED AND COPIES MAILED, E−MAILED.(ahf) (Entered: 04/27/2017)

04/27/2017 1128 MEMORANDUM. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/27/2017. 4/27/2017 ENTERED AND COPIES MAILED, E−MAILED.(ahf) (Entered: 04/27/2017)

04/27/2017 1129 ORDER THAT EACH PARTY MAY FILE A MEMORANDUM NOT EXCEEDING SEVEN PAGES SUPPLEMENTING THEIR PRESENT POSITIONS ON SEVERANCE AND CASE MANAGEMENT NO LATER THAN 5/22/2017 AND

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RESPOND TO OTHER PARTY'S SUPPLEMENTAL POSITION IN A MEMEORANDUM NOT EXCEEDING FIVE PAGES BY 5:00 PM ON 5/30/2017. WE SHALL HOLD A CASE MANAGEMENT CONFERENCE INCLUDING ARGUMENT ON SEVERANCE ON 6/1/2017 AT 8:30 AM IN COURTROOM 5D BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/27/2017. 4/27/2017 ENTERED AND COPIES MAILED, E−MAILED.(ahf) (Entered: 04/27/2017)

04/27/2017

1130

ORDER THAT PLAINTIFFS' MOTION TO SUBSTITUTE (DOC. NO. 1125) IS GRANTED WITHOUT OBJECTION TO THE DEFENDANTS' ABILITY TO CHALLENGE MS. HOGAN'S CLAIM FOR RELIEF WHICH, UNDER VARIOUS STATE LAWS, MAY NOT SURVIVE THE DEATH OF MR. HOGAN. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/27/2017.4/27/2017 ENTERED AND COPIES MAILED, E−MAILED.(ahf) (Entered: 04/27/2017)

05/03/2017

1131

MOTION to Strike John Mertz's Errata Sheet filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 580 of 745
KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 581 of 745

SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Brief, Declaration, Certificate of Service. (Attachments: # 1 Letter Brief, # 2 Declaration of Coleen M. Meehan, Esq., # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Proposed Order)(MEEHAN, COLEEN) (Entered: 05/03/2017)

05/05/2017 1132 ORDER THAT PLAINTIFFS' MOTION TO STRIKE JOHN MERTZ'S ERRATA SHEET (DOC. NO. 1131 ) IS DISMISSED AS MOOT. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 5/5/2017. 5/5/2017 ENTERED AND COPIES MAILED AND E−MAILED. (aeg) (Entered: 05/05/2017)

05/11/2017

1133

MOTION for Clarification of the Court's Phase I Findings of Fact and Conclusions of Law (Dkt. No. 1126) filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 05/11/2017)

05/11/2017

1134

MOTION for Clarification or, in the Alternative, for Reconsideration filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 582 of 745
CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 583 of 745
MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration, # 4 Ex

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 584 of 745

A, # 5 Ex B, # 6 Ex C)(MEEHAN, COLEEN) (Entered: 05/11/2017)

05/16/2017

1135

Plaintiffs' Accounting on Group Two, Three and Four Plaintiffs' Count VIII Claim Pursuant to Court's April 27, 2017 Order by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 585 of 745
LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 586 of 745

MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B)(MEEHAN, COLEEN) Modified on 5/17/2017 (lisad, ). (Entered: 05/16/2017)

05/19/2017 1136 ORDER THAT OUR 4/27/17 ORDER IS AMENDED ONLY TO RESCHEDULE THE 6/1/17 CASE MANAGEMENT CONFERENCE TO 6/14/17 AT 8:30 A.M.; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/19/17. 5/19/17 ENTERED AND MAILED, E−MAILED.(jl, ) (Entered: 05/19/2017)

05/19/2017

Set/Reset Hearings: CASE MANAGEMENT CONFERENCE SET FOR 6/14/2017 08:30 AM BEFORE HONORABLE MARK A. KEARNEY. (jl, ) (Entered: 05/19/2017)

05/22/2017

1137

Supplemental MEMOARNDUM of Law in Opposition re 1016 MOTION to Sever Plaintiffs' Claims in Counts I, V−VII, and XI−XIV MOTION to Transfer Plaintiffs' Claims in Counts I, V−VII, and XI−XIV − Plaintiffs' Supplemental Memorandum of Law filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 587 of 745
DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 588 of 745

OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (MEEHAN, COLEEN) Modified on 5/23/2017 (lisad, ). (Entered: 05/22/2017)

05/22/2017

1138

Supplemental Memorandum in Support re 1016 MOTION to Sever Plaintiffs' Claims in Counts I, V−VII, and XI−XIV MOTION to Transfer Plaintiffs' Claims in Counts I, V−VII, and XI−XIV (Supplemental) filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (HEINZ, JORDAN) Modified on 5/23/2017 (lisad, ). (Entered: 05/22/2017)

05/25/2017

1139

RESPONSE in Opposition re 1134 MOTION for Clarification or, in the Alternative, for Reconsideration filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1 to Declaration of J. Heinz, # 3 Exhibit 2 to Declaration of J. Heinz, # 4 Exhibit 3 to Declaration of J. Heinz, # 5 Exhibit 4 to Declaration of J. Heinz, # 6 Exhibit 5 to

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 589 of 745

Declaration of J. Heinz)(HEINZ, JORDAN) (Entered: 05/25/2017)

05/25/2017

1140

MEMORANDUM in Opposition re 1133 MOTION for Clarification of the Court's Phase I Findings of Fact and Conclusions of Law (Dkt. No. 1126) filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 590 of 745
LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 591 of 745

MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service.(MEEHAN, COLEEN) Modified on 5/30/2017 (lisad, ). (Entered: 05/25/2017)

05/26/2017

1141

Objections by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION re 1135 Statement,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, . (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit A, # 3 Exhibit 1−40 to Exhibit A, # 4 Exhibit 41−80 to Exhibit A, # 5 Exhibit 81−110 to Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D)(HEINZ, JORDAN) (Entered: 05/26/2017)

05/30/2017

1142

ORDER THAT UPON CONSIDERING PLAINTIFFS' MOTION FOR CLARIFICATION OR RECONSIDERATION 1134 AND DEFENDANTS' RESPONSE 1139 , IT IS ORDERED THAT PLAINTIFFS' MOTION 1134 IS GRANTED IN PART TO CLARIFY WE DID NOT HOLD THE PLAINTIFFS ARE AT−WILL EMPLOYEES AFFECTING THEIR BREACH OF CONTRACT CLAIMS WHICH MUST BE SEPARATELY RESOLVED IN INDIVIDUAL TRIALS UNDER A VARIETY OF STATE LAWS. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/30/17. 5/30/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/30/2017)

05/30/2017

1143

ORDER−MEMORANDUM THAT UPON CONSIDERING THE DEFENDANTS' MOTION FOR CLARIFICATION 1133 OF OUR PHASE I FINDINGS OF FACT AND CONCLUSIONS OF LAW 1126 AND PLAINTIFFS' RESPONSE 1140 , IT IS ORDERED DEFENDANTS' MOTION 1133 IS DENIED, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/30/17.5/30/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/30/2017)

05/30/2017

1144

RESPONSE to Supplemental Memorandum of Law in Opposition re 1016 MOTION to Sever Plaintiffs' Claims in Counts I, V−VII, and XI−XIV MOTION to Transfer Plaintiffs' Claims in Counts I, V−VII, and XI−XIV filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (HEINZ, JORDAN) Modified on 5/31/2017 (lisad, ). (Entered: 05/30/2017)

05/30/2017

1145

RESPONSE to Supplemental Memorandum in Support re 1016 MOTION to Sever Plaintiffs' Claims in Counts I, V−VII, and XI−XIV MOTION to Transfer Plaintiffs' Claims in Counts I, V−VII, and XI−XIV filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 592 of 745
STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 593 of 745
LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 594 of 745

WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (MEEHAN, COLEEN) Modified on 5/31/2017 (lisad, ). (Entered: 05/30/2017)

06/02/2017

1146

Plaintiffs' Reply to Allstate's Objections to their Phase I Accounting Pursuant to the Court's April 27, 2017 Order (Dkt. 1141) by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 595 of 745
C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 596 of 745

SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (MEEHAN, COLEEN) Modified on 6/5/2017 (lisad, ). (Entered: 06/02/2017)

06/05/2017 1147 ORDER THAT PLAINTIFFS' COUNSEL SHALL FILE ONE JOINT PRE−TRIAL STATEMENT ON OR BEFORE 3:00 P.M. ON 6/12/17. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/5/17. 6/5/17 ENTERED AND COPIES MAILED, E−MAILED.(gs) (Entered: 06/05/2017)

06/07/2017 1148 Exhibit List for Phase I Trial Starting December 5, 2016 by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.. (KATCHEN, KATHERINE) (Entered: 06/07/2017)

06/12/2017

1149

Joint Pre−Trial STATEMENT Pursuant to the Court's June 5, 2017 Order by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 597 of 745
DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 598 of 745

O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(MEEHAN, COLEEN) Modified on 6/13/2017 (lisad, ). (Entered: 06/12/2017)

06/13/2017

1150

MOTION to Substitute Kimberly Smith for Allen Foster filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 599 of 745
BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 600 of 745
JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 601 of 745

SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service, Declaration. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MEEHAN, COLEEN) (Entered: 06/13/2017)

06/13/2017

1151

NOTICE of Withdrawal of Appearance of K. Catherine Roney filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 602 of 745
GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 603 of 745

SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Certificate of Service.(RONEY, K.) Modified on 6/14/2017 (lisad, ). (Entered: 06/13/2017)

06/14/2017 1152 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Motion Hearing held on 6/14/17 Court Reporter: ESR. (ti, ) (Main Document 1152 replaced on 6/14/2017) (ti, ). (Entered: 06/14/2017)

06/15/2017 1153 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Motion Hearing held on 6/14/17 Court Reporter: ESR. (ti, ) (Entered: 06/15/2017)

06/15/2017 1154 STIPULATION re 1147 Order OF PLAINTIFFS COUNSEL PURSUANT TO PARAGRAPH 3 OF JUNE 5, 2017 by RODNEY TABOR. (YATVIN, ALAN) (Entered: 06/15/2017)

06/15/2017

1155

ORDER THAT UPON CONSIDERATION OF THE PLAINTIFFS' MOTION TO SUBSTITUTE KIMBERLY SMITH FOR DECEASED ORIGINAL PLAINTIFF ALLEN FOSTER UNDER FED.R.CIV.P. 35(a) 1150 , IT IS ORDERED THAT PLAINTIFFS' MOTION TO SUBSTITUTE IS GRANTED WITHOUT OBJECTION SUBJECT TO THE DEFENDANTS' ABILITY TO CHALLENGE MS. SMITH'S CLAIM FOR RELIEF WHICH, UNDER VARIOUS STATE LAWS, MAY NOT SURVIVE THE DEATH OF MR. FOSTER. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/15/17.6/15/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 06/15/2017)

06/16/2017

1156

ORDER THAT UPON CONSIDERATION OF DEFEDANTS' MOTION TO SEVER AND TRANSFER 1016 , IS GRANTED IN PART AS TO SET TRIAL ON ALL REMAINING ISSUES FOR PLAINTIFFS−CITIZENS OF THIS DISTRICT AND DENIED IN PART WITHOUT PREJUDICE. ALL FACT AND EXPERT DISCOVERY SHALL BE SERVED, NOTICED, AND COMPLETED BY 9/22/2017. SUMMARY JUDGMENT AND DAUBERT MOTIONS, IF ANY, SHALL BE FILED NO LATER THAN 10/2/2017. NO LATER THAN 11/10/2017, EACH PARTY SHALL FILE A PRETRIAL MEMORANDUM. ALL MOTIONS IN LIMINE, SHALL BE FILED ON OR BEFORE 11/15/2017. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 12/4/2017, AT 8:30 AM IN COURTROOM 6B. COUNSEL IS ATTACHED FOR JURY SELECTION FOLLOWED BY A TEN DAY TRIAL ON THE FIRST GROUP OF NO MORE THAN FOUR SELECTED E.D. PA. PLAINTIFFS ON 1/4/2018 AND A TEN DAY TRIAL ON THE SECOND GROUP OF NO MORE THAN FOUR SELECTED E.D. PA. PLAINTIFFS ON 3/1/2018. NO LATER THAN 8/1/2017, THE PARTIES SHALL ISSUE THE FIRST ROUND OF REMAINING NON−CUMULATIVE WRITTEN DISCOVERY REQUESTS. NO LATER THAN 3/23/2018, THE PLAINTIFFS SHALL FILE A JOINT PRE−TRIAL MEMORANDUM NOT EXCEEDING TEN (10) PAGES, ETC.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 604 of 745

SIGNED BY HONORABLE MARK A. KEARNEY ON 6/16/17. 6/16/17 ENTERED AND COPIES MAILED, E−MAILED. (ti, ) (Entered: 06/16/2017)

06/16/2017

Set/Reset Hearings (ti, ) (Entered: 06/16/2017)

06/29/2017

1157

MOTION to Compel the Depositions of Plaintiffs Craig Millison, Paula Schott, and Stanley Suwala filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief in Support, # 2 Declaration of G. Tsonis, # 3 Exhibit 1 to Declaration of G. Tsonis, # 4 Exhibit 2 to Declaration of G. Tsonis, # 5 Exhibit 3 to Declaration of G. Tsonis, # 6 Exhibit 4 to Declaration of G. Tsonis, # 7 Exhibit 5 to Declaration of G. Tsonis, # 8 Exhibit 6 to Declaration of G. Tsonis, # 9 Exhibit 7 to Declaration of G. Tsonis, # 10 Exhibit 8 to Declaration of G. Tsonis, # 11 Exhibit 9 to Declaration of G. Tsonis, # 12 Exhibit 10 to Declaration of G. Tsonis, # 13 Exhibit 11 to Declaration of G. Tsonis, # 14 Exhibit 12 to Declaration of G. Tsonis, # 15 Exhibit 13 to Declaration of G. Tsonis, # 16 Exhibit 14 to Declaration of G. Tsonis, # 17 Exhibit 15 to Declaration of G. Tsonis, # 18 Exhibit 16 to Declaration of G. Tsonis, # 19 Exhibit 17 to Declaration of G. Tsonis, # 20 Exhibit 18 to Declaration of G. Tsonis, # 21 Exhibit 19 to Declaration of G. Tsonis, # 22 Exhibit 20 to Declaration of G. Tsonis, # 23 Exhibit 21 to Declaration of G. Tsonis, # 24 Exhibit 22 to Declaration of G. Tsonis, # 25 Text of Proposed Order)(TSONIS, GREGORY) (Entered: 06/29/2017)

06/30/2017

1158

Supplemental Letter Brief in Support re 1157 MOTION to Compel the Depositions of Plaintiffs Craig Millison, Paula Schott, and Stanley Suwala filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of G. Tsonis, # 2 Exhibit 1 to Declaration of G. Tsonis, # 3 Exhibit 2 to Declaration of G. Tsonis, # 4 Exhibit 3 to Declaration of G. Tsonis, # 5 Exhibit 4 to Declaration of G. Tsonis, # 6 Exhibit 5 to Declaration of G. Tsonis, # 7 Exhibit 6 to Declaration of G. Tsonis, # 8 Exhibit 7 to Declaration of G. Tsonis, # 9 Exhibit 8 to Declaration of G. Tsonis, # 10 Exhibit 9 to Declaration of G. Tsonis)(TSONIS, GREGORY) Modified on 7/5/2017 (md). Modified on 7/7/2017 (gs, ). (Exhibit 6 was removed per Chambers and per Order 1167 ) (Entered: 06/30/2017)

06/30/2017 1159 Declaration re 1156 Order,,,,, Set Scheduling Order Deadlines,,,, Craig Millison − Certification of Document Production Pursuant to Court's June 16, 2017 Order by CRAIG A. MILLISON. (GORBEY, JACQUELINE) (Entered: 06/30/2017)

06/30/2017 1160 Declaration re 1156 Order,,,,, Set Scheduling Order Deadlines,,,, Dennis Smith − Certification of Document Production Pursuant to Court's June 16, 2017 Order by DENNIS Z. SMITH. (GORBEY, JACQUELINE) (Entered: 06/30/2017)

06/30/2017 1161 Declaration re 1156 Order,,,,, Set Scheduling Order Deadlines,,,, Philip Metcalfe − Certification of Document Production Pursuant to Court's June 16, 2017 Order by PHILLIP N. METCALFE. (GORBEY, JACQUELINE) (Entered: 06/30/2017)

06/30/2017 1162 Declaration re 1156 Order,,,,, Set Scheduling Order Deadlines,,,, Stanley Suwala − Certification of Document Production Pursuant to Court's June 16, 2017 Order by STANLEY SUWALA. (GORBEY, JACQUELINE) (Entered: 06/30/2017)

06/30/2017 1163 Declaration re 1156 Order,,,,, Set Scheduling Order Deadlines,,,, Steven Evans − Certification of Document Production Pursuant to Court's June 16, 2017 Order by STEVEN EVANS. (GORBEY, JACQUELINE) (Entered: 06/30/2017)

06/30/2017 1164 Declaration re 1156 Order,,,,, Set Scheduling Order Deadlines,,,, Paula Schott − Certification of Document Production Pursuant to Court's June 16, 2017 Order by GENE R. ROMERO. (GORBEY, JACQUELINE) (Entered: 06/30/2017)

06/30/2017

1165

MOTION for Certificate of Appealability − Plaintiffs' Motion Pursuant to Rule 54(b) for the Court to Direct the Entry of a Final Judgment as to Count II of Plaintiffs' Consolidated Amended Complaint filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 605 of 745
BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 606 of 745
GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 607 of 745

JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Certificate of Service)(MEEHAN, COLEEN) (Entered: 06/30/2017)

07/05/2017

1166

LETTER BRIEF in Opposition re 1157 MOTION to Compel the Depositions of Plaintiffs Craig Millison, Paula Schott, and Stanley Suwala filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 608 of 745
HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 609 of 745

THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Exhibit 1 to Meehan Declaration, # 3 Exhibit 2 to Meehan Declaration, # 4 Exhibit 3 to Meehan Declaration, # 5 Exhibit 4 to Meehan Declaration, # 6 Text of Proposed Order Denying Motion to Compel, # 7 Certificate of Service)(MEEHAN, COLEEN) Modified on 7/6/2017 (nd, ). Modified on 7/6/2017 (nd, ). (Entered: 07/05/2017)

07/06/2017

MOTIONS REFERRED: 1157 MOTION to Compel the Depositions of Plaintiffs Craig Millison, Paula Schott, and Stanley Suwala Motions referred to MARILYN HEFFLEY. (afm, ) (Entered: 07/06/2017)

07/07/2017

1167

ORDER THAT IN RESPONSE TO THE REQUEST OF DEFENDANT ALLSTATE INSURANCE COMPANY AND WITH THE PLAINTIFFS' CONSENT, IT IS ORDERED THAT THE CLERK OF COURT SHALL REMOVE DOC. NO. 1158−6 FROM THE RECORD IN THIS ACTION. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 7/7/17. 7/7/17 ENTERED AND COPIES MAILED, E−MAILED.(gs) (Entered: 07/07/2017)

07/07/2017

1168

REPLY to Response to Motion re 1157 MOTION to Compel the Depositions of Plaintiffs Craig Millison, Paula Schott, and Stanley Suwala filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of G. Tsonis, # 2 Exhibit 1 to Declaration of G. Tsonis, # 3 Exhibit 2 to Declaration of G. Tsonis, # 4 Exhibit 3 to Declaration of G. Tsonis, # 5 Exhibit 4 to Declaration of G. Tsonis)(TSONIS, GREGORY) (Entered: 07/07/2017)

07/10/2017

1169

ORDER THAT UPON CONSIDERATION OF THE ALLSTATE DEFENDANTS' AMENDED MOTION TO COMPEL THE DEPOSITIONS OF PLAINTFFS CRAIG MILLISON, PAULA SCHOTT, AND STANLEY SUWALA 1157 , IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 7/10/17.7/10/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 07/10/2017)

07/11/2017 1170 Statement Certifying Document Production by JOSEPH ECKERT, JAMES GREGG. (BERMAN, MATTHEW) (Entered: 07/11/2017)

07/12/2017 1171 Transcript of Proceedings held on 6/14/17, before UNITED STATES DISTRICT JUDGE MARK KEARNEY & UNITED STATES MAGISTRATE JUDGE MARILYN HEFFLEY. Court Reporter/Transcriber ESR. (ti, ) (Entered: 07/12/2017)

07/12/2017

1172

MOTION for Summary Judgment on Plaintiff Craig Millison's Retaliation Claims Based on Allstate's Counterclaims (Counts XI and XII) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 07/12/2017)

07/12/2017

1173

Statement of Undisputed Facts in Support of the Allstate Defendants' Motion for Summary Judgment on Plaintiff Craig Millison's Retaliation Claims Based on Allstate's Counterclaims (Counts XI and XII) by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration of E. Zolner, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4 (Part 1 of 2), # 7 Exhibit 4 (Part 2 of 2), # 8 Exhibit 5 (Part 1 of 2), # 9 Exhibit 5 (Part 2 of 2), # 10 Exhibit 6, # 11 Exhibit 7 (Part 1 of 3), # 12 Exhibit 7 (Part 2 of 3), # 13 Exhibit 7 (Part 3 of 3), # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, #

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 610 of 745

17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit 24, # 31 Exhibit 25, # 32 Exhibit 26, # 33 Exhibit 27, # 34 Exhibit 28, # 35 Exhibit 29, # 36 Exhibit 30, # 37 Exhibit 31, # 38 Exhibit 32, # 39 Exhibit 33, # 40 Exhibit 34, # 41 Exhibit 35, # 42 Exhibit 36, # 43 Exhibit 37, # 44 Exhibit 38, # 45 Exhibit 39, # 46 Exhibit 40, # 47 Exhibit 41, # 48 Exhibit 42, # 49 Exhibit 43, # 50 Exhibit 44, # 51 Exhibit 45, # 52 Exhibit 46)(ZOLNER, ERICA) (Attachment 4 replaced per Chambers request on 8/4/2017) (ti, ). Modified on 8/4/2017 (ti, ). (Entered: 07/12/2017)

07/14/2017

1174

MOTION for Summary Judgment on Plaintiffs Joseph Eckert, Steven Evans, Philip Metcalfe, Craig Millison, Paula Schott, and Stanley Suwalas ADEA Disparate Treatment Claims (Count IV) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(KATCHEN, KATHERINE) (Entered: 07/14/2017)

07/14/2017

1175

Statement of Undisputed Facts in Support of the Allstate Defendants' Motion for Summary Judgment on Plaintiffs Joseph Eckert, Steven Evans, Philip Metcalfe, Craig Millison, Paula Schott, and Stanley Suwalas ADEA Disparate Treatment Claims (Count IV) by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration of Katherine M. Katchen, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Declaration of Julianne Doherty, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20)(KATCHEN, KATHERINE) (Entered: 07/14/2017)

07/14/2017

1176

RESPONSE in Opposition re 1165 MOTION for Certificate of Appealability − Plaintiffs' Motion Pursuant to Rule 54(b) for the Court to Direct the Entry of a Final Judgment as to Count II of Plaintiffs' Consolidated Amended Complaint filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (ZOLNER, ERICA) (Entered: 07/14/2017)

07/14/2017 1177 RESPONSE in Opposition re 1165 MOTION for Certificate of Appealability − Plaintiffs' Motion Pursuant to Rule 54(b) for the Court to Direct the Entry of a Final Judgment as to Count II of Plaintiffs' Consolidated Amended Complaint filed by EDWARD M. LIDDY. (LANGEL, JOHN) (Entered: 07/14/2017)

07/21/2017

1178

RESPONSE in Support re 1165 MOTION for Certificate of Appealability − Plaintiffs' Motion Pursuant to Rule 54(b) for the Court to Direct the Entry of a Final Judgment as to Count II of Plaintiffs' Consolidated Amended Complaint filed by KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 611 of 745
MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 612 of 745

NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 07/21/2017)

07/24/2017

1179

ORDER THAT UPON CONSIDERING PLAINTIFFS' MOTION UNDER FEDERAL RULE OF CIVIL PROCEDURE 54(b) TO DIREC THE ENTRY OF A FINAL JUDGMENT AS TO COUNT II OF PLAINTIFFS' CONSOLIDATED AMENDED COMPLAINT 1165 , IT IS ORDERED THAT PLAINTIFFS' MOTION IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 7/24/17.7/24/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 07/24/2017)

07/26/2017 1180 RESPONSE in Opposition re 1172 MOTION for Summary Judgment on Plaintiff Craig Millison's Retaliation Claims Based on Allstate's Counterclaims (Counts XI and XII) filed by CRAIG A. MILLISON. (Attachments: # 1 Text of Proposed Order)(MEEHAN, COLEEN) (Entered: 07/26/2017)

07/26/2017 1181 Plaintiff's Response in Opposition to Allstate Defendants' Statement of "Undisputed" Facts in Support of their Motion for Summary Judgment on Plaintiff Craig Millison's

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 613 of 745

Retaliation Claims based on Allstate's Counterclaims (Counts XI and XII) by CRAIG A. MILLISON. Certificate of Service. (Attachments: # 1 Appendix, # 2 Declaration of Coleen M. Meehan, # 3 Exhibit 47, # 4 Exhibit 48, # 5 Exhibit 49, # 6 Exhibit 50, # 7 Exhibit 51, # 8 Exhibit 52, # 9 Exhibit 53, # 10 Exhibit 54, # 11 Exhibit 55, # 12 Exhibit 56, # 13 Exhibit 57, # 14 Exhibit 58, # 15 Exhibit 59, # 16 Exhibit 60, # 17 Exhibit 61, # 18 Exhibit 62, # 19 Exhibit 63, # 20 Exhibit 64, # 21 Exhibit 65, # 22 Exhibit 66, # 23 Exhibit 67, # 24 Exhibit 68, # 25 Exhibit 69, # 26 Exhibit 70, # 27 Exhibit 71, # 28 Exhibit 72, # 29 Exhibit 73, # 30 Exhibit 74, # 31 Exhibit 75, # 32 Exhibit 76, # 33 Exhibit 77, # 34 Exhibit 78, # 35 Exhibit 79, # 36 Exhibit 80, # 37 Exhibit 81, # 38 Exhibit 82, # 39 Exhibit 83, # 40 Exhibit 84, # 41 Exhibit 85, # 42 Exhibit 86, # 43 Exhibit 87, # 44 Exhibit 88, # 45 Exhibit 89)(GORBEY, JACQUELINE) Modified on 7/27/2017 (lisad, ). (Entered: 07/26/2017)

07/27/2017

1182

MOTION for Summary Judgment on the Phase III Plaintiffs' State Law Claims Pursuant to the Doctrine of Ratification filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(FOWKES, SCOTT) (Entered: 07/27/2017)

07/27/2017

1183

Statement of Undisputed Facts in Support of Allstate's Motion for Summary Judgment on the Phase III Plaintiffs' State Law Claims Pursuant to the Doctrine of Ratification by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration of S. Fowkes, # 3 Exhibit 1 to Declaration of S. Fowkes, # 4 Exhibit 2 to Declaration of S. Fowkes, # 5 Exhibit 3 to Declaration of S. Fowkes, # 6 Exhibit 4 to Declaration of S. Fowkes, # 7 Exhibit 5 to Declaration of S. Fowkes, # 8 Exhibit 6 to Declaration of S. Fowkes, # 9 Exhibit 7 to Declaration of S. Fowkes, # 10 Exhibit 8 to Declaration of S. Fowkes, # 11 Exhibit 9 to Declaration of S. Fowkes, # 12 Exhibit 10 to Declaration of S. Fowkes, # 13 Exhibit 11 to Declaration of S. Fowkes, # 14 Exhibit 12 to Declaration of S. Fowkes, # 15 Exhibit 13 to Declaration of S. Fowkes, # 16 Exhibit 14 to Declaration of S. Fowkes, # 17 Exhibit 15 to Declaration of S. Fowkes, # 18 Exhibit 16 to Declaration of S. Fowkes, # 19 Exhibit 17 to Declaration of S. Fowkes, # 20 Exhibit 18 to Declaration of S. Fowkes, # 21 Exhibit 19 to Declaration of S. Fowkes, # 22 Exhibit 20 to Declaration of S. Fowkes, # 23 Exhibit 21 to Declaration of S. Fowkes, # 24 Exhibit 22 to Declaration of S. Fowkes, # 25 Exhibit 23 to Declaration of S. Fowkes, # 26 Exhibit 24 to Declaration of S. Fowkes, # 27 Exhibit 25 to Declaration of S. Fowkes, # 28 Exhibit 26 to Declaration of S. Fowkes, # 29 Exhibit 27 to Declaration of S. Fowkes, # 30 Exhibit 28 to Declaration of S. Fowkes, # 31 Exhibit 29 to Declaration of S. Fowkes, # 32 Exhibit 30 to Declaration of S. Fowkes, # 33 Exhibit 31 to Declaration of S. Fowkes, # 34 Exhibit 32 to Declaration of S. Fowkes, # 35 Exhibit 33 to Declaration of S. Fowkes, # 36 Exhibit 34 to Declaration of S. Fowkes, # 37 Exhibit 35 to Declaration of S. Fowkes, # 38 Exhibit 36 to Declaration of S. Fowkes, # 39 Exhibit 37 to Declaration of S. Fowkes, # 40 Exhibit 38 to Declaration of S. Fowkes, # 41 Exhibit 39 to Declaration of S. Fowkes, # 42 Exhibit 40 to Declaration of S. Fowkes, # 43 Exhibit 41 to Declaration of S. Fowkes, # 44 Exhibit 42 to Declaration of S. Fowkes, # 45 Exhibit 43 to Declaration of S. Fowkes)(FOWKES, SCOTT) (Entered: 07/27/2017)

07/28/2017

1184

RESPONSE in Opposition re 1174 MOTION for Summary Judgment on Plaintiffs Joseph Eckert, Steven Evans, Philip Metcalfe, Craig Millison, Paula Schott, and Stanley Suwalas ADEA Disparate Treatment Claims (Count IV) Filed on behalf of Joseph Eckert, Steven Evans, Phillip Metcalfe, Craig Millison, Paula Schott and Stanley Suwala filed by JOSEPH ECKERT, STEVEN EVANS, PHILLIP N. METCALFE, CRAIG A. MILLISON, STANLEY SUWALA. (Attachments: # 1 Text of Proposed Order)(MEEHAN, COLEEN) (Entered: 07/28/2017)

07/28/2017

1185

Statement of Material Facts in Opposition to Allstate's Motion for Summary Judgment with Respect to their ADEA Disparate Claims [filed by Plaintiffs Joseph Eckert, Steven Evans, Philip Metcalfe, Craig Millison, Paula Schott and Stanley Suwala by JOSEPH ECKERT, STEVEN EVANS, PHILLIP N. METCALFE, CRAIG A. MILLISON, STANLEY SUWALA. (Attachments: # 1 Appendix, # 2 Declaration of Coleen M. Meehan, # 3 Exhibit 21, # 4 Exhibit 22, # 5 Exhibit 23, # 6 Exhibit 24, # 7 Exhibit 25, # 8 Exhibit 26, # 9 Exhibit 27 (Part 1 of 3), # 10 Exhibit 27 (Part 2 of 3), # 11 Exhibit 27 (Part 3 of 3), # 12 Exhibit 28, # 13 Exhibit 29, # 14 Exhibit 30, # 15 Exhibit 31, # 16 Exhibit 32, # 17 Exhibit 33, # 18 Exhibit 34, # 19 Exhibit 35, # 20

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 614 of 745

Exhibit 36, # 21 Exhibit 37, # 22 Exhibit 38, # 23 Exhibit 39, # 24 Exhibit 40, # 25 Exhibit 41, # 26 Exhibit 42, # 27 Exhibit 43, # 28 Exhibit 44, # 29 Exhibit 45, # 30 Exhibit 46, # 31 Exhibit 47, # 32 Exhibit 48, # 33 Exhibit 49, # 34 Exhibit 50, # 35 Exhibit 51, # 36 Exhibit 52, # 37 Exhibit 53, # 38 Exhibit 54, # 39 Exhibit 55, # 40 Exhibit 56, # 41 Exhibit 57, # 42 Exhibit 58, # 43 Exhibit 59, # 44 Exhibit 60, # 45 Exhibit 61, # 46 Exhibit 62, # 47 Exhibit 63, # 48 Exhibit 64, # 49 Exhibit 65, # 50 Exhibit 66, # 51 Exhibit 67, # 52 Exhibit 68, # 53 Exhibit 69, # 54 Exhibit 70, # 55 Exhibit 71, # 56 Exhibit 72, # 57 Exhibit 73, # 58 Exhibit 74, # 59 Exhibit 75, # 60 Exhibit 76, # 61 Exhibit 77, # 62 Exhibit 78, # 63 Exhibit 79, # 64 Exhibit 80, # 65 Exhibit 81, # 66 Exhibit 82, # 67 Exhibit 83, # 68 Exhibit 84, # 69 Exhibit 85, # 70 Exhibit 86, # 71 Exhibit 87, # 72 Exhibit 88, # 73 Exhibit 89, # 74 Exhibit 90, # 75 Exhibit 91, # 76 Exhibit 92, # 77 Exhibit 93, # 78 Exhibit 94, # 79 Exhibit 95, # 80 Exhibit 96, # 81 Exhibit 97, # 82 Exhibit 98, # 83 Exhibit 99, # 84 Exhibit 100, # 85 Exhibit 101, # 86 Exhibit 102, # 87 Exhibit 103, # 88 Exhibit 104)(GORBEY, JACQUELINE) (Entered: 07/28/2017)

07/31/2017

1186

MOTION to Strike 1182 MOTION for Summary Judgment on the Phase III Plaintiffs' State Law Claims Pursuant to the Doctrine of Ratification filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 615 of 745
JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 616 of 745

DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Certificate of Service.(MEEHAN, COLEEN) (Entered: 07/31/2017)

08/01/2017 1187 ORDER THAT UPON CONSIDERING PLAINTIFFS' MOTION TO STRIKE 1186 , IT IS ORDERED THAT PLAINTIFFS' MOTION TO STRIKE 1186 IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/1/17.8/1/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/01/2017)

08/01/2017

1188

MOTION to Compel Interrogatory Answers filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief in Support, # 2 Declaration of G. Tsonis, # 3 Exhibit 1 to Declaration of G. Tsonis, # 4 Exhibit 2 to Declaration of G. Tsonis, # 5 Exhibit 3 to Declaration of G. Tsonis, # 6 Exhibit 4 to Declaration of G. Tsonis, # 7 Exhibit 5 to Declaration of G. Tsonis, # 8 Exhibit 6 to Declaration of G. Tsonis, # 9 Exhibit 7 to Declaration of G. Tsonis, # 10 Exhibit 8 to Declaration of G. Tsonis, # 11 Exhibit 9 to Declaration of G. Tsonis, # 12 Exhibit 10 to Declaration of G. Tsonis, # 13 Exhibit 11 to Declaration of G. Tsonis, # 14 Exhibit 12 to Declaration of G. Tsonis, # 15 Exhibit 13 to Declaration of G. Tsonis, # 16 Exhibit 14 to Declaration of G. Tsonis, # 17 Exhibit 15 to Declaration of G. Tsonis, # 18 Exhibit 16 to Declaration of G. Tsonis, # 19 Exhibit 17 to Declaration of G. Tsonis, # 20 Exhibit 18 to Declaration of G. Tsonis, # 21 Exhibit 19 to Declaration of G. Tsonis, # 22 Exhibit 20 to Declaration of G. Tsonis, # 23 Exhibit 21 to Declaration of G. Tsonis, # 24 Text of Proposed Order)(TSONIS, GREGORY) (Entered: 08/01/2017)

08/02/2017

MOTIONS REFERRED: 1188 MOTION to Compel Interrogatory Answers Motions referred to MARILYN HEFFLEY. (afm, ) (Entered: 08/02/2017)

08/02/2017

1189

MOTION to Compel Plaintiffs to Answer Interrogatory Number 14 from the Allstate Defendants' First Set of Interrogatories to Plaintiffs in Phase I and II and Narrow Their Phase III Trial Witness List filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief in Support, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Declaration of J. Heinz, # 4 Exhibit 2 to Declaration of J. Heinz, # 5 Exhibit 3 to Declaration of J. Heinz, # 6 Exhibit 4 to Declaration of J. Heinz, # 7 Exhibit 5 to Declaration of J. Heinz, # 8 Exhibit 6 to Declaration of J. Heinz, # 9 Exhibit 7 to Declaration of J. Heinz, # 10 Exhibit 8 to Declaration of J. Heinz, # 11 Exhibit 9 to Declaration of J. Heinz, # 12 Exhibit 10 to Declaration of J. Heinz, # 13 Exhibit 11 to Declaration of J. Heinz, # 14 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 08/02/2017)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 617 of 745

08/02/2017

1190

REPLY in Support re 1172 MOTION for Summary Judgment on Plaintiff Craig Millison's Retaliation Claims Based on Allstate's Counterclaims (Counts XI and XII) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FOWKES, SCOTT) Modified on 8/3/2017 (lisad, ). (Entered: 08/02/2017)

08/02/2017 1191 Allstate's Response to Plaintiff's "Statement of Additional Facts" by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (FOWKES, SCOTT) Modified on 8/3/2017 (lisad, ). (Entered: 08/02/2017)

08/03/2017

MOTIONS REFERRED: 1189 MOTION to Compel Plaintiffs to Answer Interrogatory Number 14 from the Allstate Defendants' First Set of Interrogatories to Plaintiffs in Phase I and II and Narrow Their Phase III Trial Witness List Motions referred to MARILYN HEFFLEY. (afm, ) (Entered: 08/03/2017)

08/04/2017

1192

REPLY Memorandum in Support re 1174 MOTION for Summary Judgment on Plaintiffs Joseph Eckert, Steven Evans, Philip Metcalfe, Craig Millison, Paula Schott, and Stanley Suwalas ADEA Disparate Treatment Claims (Count IV) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (KATCHEN, KATHERINE) Modified on 8/7/2017 (fb). (Entered: 08/04/2017)

08/04/2017 1193 Statement in Response to Plaintiffs' "Statement of Additional Facts" by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (KATCHEN, KATHERINE) (Entered: 08/04/2017)

08/04/2017

1194

MOTION to Compel Production of Documents filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief in Support, # 2 Declaration of G. Tsonis, # 3 Exhibit 1 to Declaration of G. Tsonis, # 4 Exhibit 2 to Declaration of G. Tsonis, # 5 Exhibit 3 to Declaration of G. Tsonis, # 6 Exhibit 4 to Declaration of G. Tsonis, # 7 Exhibit 5 to Declaration of G. Tsonis, # 8 Exhibit 6 to Declaration of G. Tsonis, # 9 Exhibit 7 to Declaration of G. Tsonis, # 10 Exhibit 8 to Declaration of G. Tsonis, # 11 Exhibit 9 to Declaration of G. Tsonis, # 12 Exhibit 10 to Declaration of G. Tsonis, # 13 Exhibit 11 to Declaration of G. Tsonis, # 14 Exhibit 12 to Declaration of G. Tsonis, # 15 Text of Proposed Order)(TSONIS, GREGORY) (Entered: 08/04/2017)

08/04/2017

1195

Letter re 1188 MOTION to Compel Interrogatory Answers filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 618 of 745
MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 619 of 745

STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Exhibit 1 to Meehan Declaration, # 3 Text of Proposed Order Denying Motion to Compel)(MEEHAN, COLEEN) Modified on 8/7/2017 (fb). (Entered: 08/04/2017)

08/07/2017

MOTIONS REFERRED: 1194 MOTION to Compel Production of Documents Motions referred to MARILYN HEFFLEY. (afm, ) (Entered: 08/07/2017)

08/07/2017

1196

LETTER Brief in Opposition to the Honorable Marilyn Heffley re 1189 MOTION to Compel Plaintiffs to Answer Interrogatory Number 14 from the Allstate Defendants' First Set of Interrogatories to Plaintiffs in Phase I and II and Narrow Their Phase III Trial Witness List filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 620 of 745
BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 621 of 745
NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Declaration of C. Meehan, # 2 Exhibit 1, # 3 Exhibit 2)(MEEHAN, COLEEN)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 622 of 745

Modified on 8/8/2017 (lisad, ). (Entered: 08/07/2017)

08/09/2017

1197

LETTER Reply Brief to the Honorable Marilyn Heffley in Support re 1188 MOTION to Compel Interrogatory Answers filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (Attachments: # 1 Declaration of G. Tsonis, # 2 Exhibit 1 to Declaration of G. Tsonis, # 3 Exhibit 2 to Declaration of G. Tsonis, # 4 Exhibit 3 to Declaration of G. Tsonis, # 5 Exhibit 4 to Declaration of G. Tsonis, # 6 Exhibit 5 to Declaration of G. Tsonis)(TSONIS, GREGORY) Modified on 8/10/2017 (lisad, ). (Entered: 08/09/2017)

08/09/2017 1198 Letter to Magistrate Judge Heffley clarifying Letter Brief in Support of Motion to Compel Production of Documents (Dkt. No. 1194) by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (TSONIS, GREGORY) Modified on 8/10/2017 (lisad, ). (Entered: 08/09/2017)

08/09/2017

1199

LETTER to the Honorable Marilyn Heffley re reply in further support 1189 MOTION to Compel Plaintiffs to Answer Interrogatory Number 14 from the Allstate Defendants' First Set of Interrogatories to Plaintiffs in Phase I and II and Narrow Their Phase III Trial Witness List filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1 to Declaration of J. Heinz)(HEINZ, JORDAN) Modified on 8/10/2017 (lisad, ). (Entered: 08/09/2017)

08/09/2017

1200

LETTER brief in opposition to the Honorable Marilyn Heffley re 1194 MOTION to Compel Production of Documents filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 623 of 745
EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 624 of 745

SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, EARL SIEGFRIED, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Exhibit A to Meehan Declaration, # 3 Exhibit B to Meehan Declaration, # 4 Exhibit C to Meehan Declaration, # 5 Text of Proposed Order Denying Motion to Compel)(MEEHAN, COLEEN) Modified on 8/10/2017 (lisad, ). (Entered: 08/09/2017)

08/10/2017

1201

MEMORANDUM of Law in Opposition re 1182 MOTION for Summary Judgment on the Phase III Plaintiffs' State Law Claims Pursuant to the Doctrine of Ratification by Paula Schott, Joseph Eckert, Steven Evans, James Gregg, Phillip Metcalfe, Craig Millison, Dennis Smith and Stanley Suwala filed by JOSEPH ECKERT, STEVEN EVANS, JAMES GREGG, PHILLIP N. METCALFE, CRAIG A. MILLISON, DENNIS Z. SMITH, STANLEY SUWALA. Certificate of Service. (Attachments: # 1 Text of Proposed Order)(MEEHAN, COLEEN) Modified on 8/11/2017 (lisad, ). (Entered: 08/10/2017)

08/10/2017

1202

OPPOSITION to Statement of "Undisputed" Facts in Support re 1182 MOTION for Summary Judgment on the Phase III Plaintiffs' State Law Claims Pursuant to the Doctrine of Ratification filed by JOSEPH ECKERT, STEVEN EVANS, JAMES GREGG, PHILLIP N. METCALFE, CRAIG A. MILLISON, DENNIS Z. SMITH, STANLEY SUWALA. Certificate of Service. (MEEHAN, COLEEN) Modified on 8/11/2017 (lisad, ). (Entered: 08/10/2017)

08/10/2017

1203

Declaration re 1182 MOTION for Summary Judgment on the Phase III Plaintiffs' State Law Claims Pursuant to the Doctrine of Ratification Declaration of Coleen M. Meehan; Appendix and Exhibits filed on behalf of Joseph Eckert, Steven Evans, James Gregg, Philip Metcalfe, Craig Millison, Paula Schott, Dennis Z. Smith and Stanley Suwala by JOSEPH ECKERT, STEVEN EVANS, JAMES GREGG, PHILLIP N. METCALFE, CRAIG A. MILLISON, DENNIS Z. SMITH, STANLEY SUWALA. (Attachments: # 1 Appendix, # 2 Exhibit 44, # 3 Exhibit 45, # 4 Exhibit 46, # 5 Exhibit 47, # 6 Exhibit 48, # 7 Exhibit 49, # 8 Exhibit 50, # 9 Exhibit 51, # 10 Exhibit 52, # 11 Exhibit 53, # 12 Exhibit 54, # 13 Exhibit 55, # 14 Exhibit 56, # 15 Exhibit 57, # 16 Exhibit 58, # 17 Exhibit 59, # 18 Exhibit 60, # 19 Exhibit 61, # 20 Exhibit 62, # 21 Exhibit 63, # 22 Exhibit 64, # 23 Exhibit 65, # 24 Exhibit 66, # 25 Exhibit 67, # 26

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 625 of 745

Exhibit 68, # 27 Exhibit 69, # 28 Exhibit 70, # 29 Exhibit 71, # 30 Exhibit 72, # 31 Exhibit 73, # 32 Exhibit 74, # 33 Exhibit 75, # 34 Exhibit 76, # 35 Exhibit 77, # 36 Exhibit 78, # 37 Exhibit 79, # 38 Exhibit 80, # 39 Exhibit 81, # 40 Exhibit 82, # 41 Exhibit 83, # 42 Exhibit 84, # 43 Exhibit 85, # 44 Exhibit 86, # 45 Exhibit 87, # 46 Exhibit 88, # 47 Exhibit 89, # 48 Exhibit 90, # 49 Exhibit 91, # 50 Exhibit 92, # 51 Exhibit 93, # 52 Exhibit 94, # 53 Exhibit 95, # 54 Exhibit 96, # 55 Exhibit 97, # 56 Exhibit 98, # 57 Exhibit 99, # 58 Exhibit 100, # 59 Exhibit 101, # 60 Exhibit 102, # 61 Exhibit 103, # 62 Exhibit 104, # 63 Exhibit 105, # 64 Exhibit 106, # 65 Exhibit 107, # 66 Exhibit 108, # 67 Exhibit 109, # 68 Exhibit 110, # 69 Exhibit 111, # 70 Exhibit 112, # 71 Exhibit 113, # 72 Exhibit 114, # 73 Exhibit 115, # 74 Exhibit 116, # 75 Exhibit 117, # 76 Exhibit 118, # 77 Exhibit 119, # 78 Exhibit 120, # 79 Exhibit 121, # 80 Exhibit 122, # 81 Exhibit 123, # 82 Exhibit 124, # 83 Exhibit 125, # 84 Exhibit 126, # 85 Exhibit 127, # 86 Exhibit 128, # 87 Exhibit 129, # 88 Exhibit 130, # 89 Exhibit 131, # 90 Exhibit 132, # 91 Exhibit 133, # 92 Exhibit 134, # 93 Exhibit 135, # 94 Exhibit 136, # 95 Exhibit 137, # 96 Exhibit 138, # 97 Exhibit 139, # 98 Exhibit 140, # 99 Exhibit 141, # 100 Exhibit 142, # 101 Exhibit 143, # 102 Exhibit 144, # 103 Exhibit 145 (1 of 7), # 104 Exhibit 145 (2 of 7), # 105 Exhibit 145 (3 of 7), # 106 Exhibit 145 (4 of 7), # 107 Exhibit 145 (5 of 7), # 108 Exhibit 145 (6 of 7), # 109 Exhibit 145 (7 of 7), # 110 Exhibit 146, # 111 Exhibit 147 (1 of 3), # 112 Exhibit 147 (2 of 3), # 113 Exhibit 147 (3 of 3), # 114 Exhibit 148, # 115 Exhibit 149, # 116 Exhibit 150, # 117 Exhibit 151, # 118 Exhibit 152, # 119 Exhibit 153, # 120 Exhibit 154, # 121 Exhibit 155, # 122 Exhibit 156, # 123 Exhibit 157, # 124 Exhibit 158, # 125 Exhibit 159, # 126 Exhibit 160)(GORBEY, JACQUELINE) (Entered: 08/11/2017)

08/11/2017

1204

LETTER to the Honorable Marilyn Heffley re reply in further support re 1194 MOTION to Compel Production of Documents filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of G. Tsonis, # 2 Exhibit 1 to Declaration of G. Tsonis, # 3 Exhibit 2 to Declaration of G. Tsonis)(TSONIS, GREGORY) Modified on 8/31/2017 (lisad, ). (Entered: 08/11/2017)

08/15/2017

1205

ORDER THAT UPON CONSIDERATION OF THE ALLSTATE DEFENDANTS' MOTION TO COMPEL INTERROGATORY ANSWERS 1188 , MOTION TO COMPEL PLAINTIFFS TO ANSWER INTERROGATORY NUMBER 14 FROM ALLSTATE'S FIRST SET OF INTERROGATORIES TO PLAINTIFFS IN PHASE I AND II AND NARROW THEIR PHASE III TRIAL WITNESS LIST 1189 , AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS 1194 , IT IS HEREBY ORDERED THAT ALLSTATE'S MOTION 1188 IS GRANTED; ALLSTATE'S MOTION 1189 IS GRANTED IN PART; AND ALLSTATE'S MOTION 1194 IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 8/15/17.8/15/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/15/2017)

08/16/2017

1206

LETTER Brief to the Honorable Marilyn Heffley re MOTION to Compel Allstate to Produce All Responsive Documents and a Certification of Compliance filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 626 of 745
VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 627 of 745

08/17/2017

JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Declaration. (Attachments: # 1 Proposed Order, # 2 Certificate of Service, # 3 Declaration of Coleen M. Meehan, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29)(MEEHAN, COLEEN) Modified on 8/17/2017 (lisad, ). Modified on 8/17/2017 (lisad, ). (Entered: 08/16/2017)
MOTIONS REFERRED: 1206 MOTION to Compel Allstate to Produce All Responsive Documents and a Certification of Compliance Motions referred to MARILYN HEFFLEY. (afm, ) (Entered: 08/17/2017)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 628 of 745

08/17/2017 1207 REPLY to Response to Motion re 1182 MOTION for Summary Judgment on the Phase III Plaintiffs' State Law Claims Pursuant to the Doctrine of Ratification filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FOWKES, SCOTT) (Entered: 08/17/2017)

08/17/2017

1208

RESPONSE to Plaintiffs' "Statement of Additional Material Facts" by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration of S. Fowkes, # 3 Exhibit 161 to Declaration of S. Fowkes, # 4 Exhibit 162 to Declaration of S. Fowkes, # 5 Exhibit 163 to Declaration of S. Fowkes, # 6 Exhibit 164 to Declaration of S. Fowkes, # 7 Exhibit 165 to Declaration of S. Fowkes, # 8 Exhibit 166 to Declaration of S. Fowkes, # 9 Exhibit 167 to Declaration of S. Fowkes, # 10 Exhibit 168 to Declaration of S. Fowkes, # 11 Exhibit 169 to Declaration of S. Fowkes, # 12 Exhibit 170 to Declaration of S. Fowkes, # 13 Exhibit 171 to Declaration of S. Fowkes, # 14 Exhibit 172 to Declaration of S. Fowkes, # 15 Exhibit 173 to Declaration of S. Fowkes)(FOWKES, SCOTT) Modified on 8/18/2017 (md). (Entered: 08/17/2017)

08/21/2017

1209

Letter BRIEF in Opposition re 1206 MOTION to Compel Allstate to Produce All Responsive Documents and a Certification of Compliance filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (Attachments: # 1 Declaration of G. Tsonis, # 2 Exhibit 1 to Declaration of G. Tsonis, # 3 Exhibit 2 to Declaration of G. Tsonis, # 4 Exhibit 3 to Declaration of G. Tsonis, # 5 Exhibit 4 to Declaration of G. Tsonis, # 6 Exhibit 5 to Declaration of G. Tsonis, # 7 Exhibit 6 to Declaration of G. Tsonis)(TSONIS, GREGORY) Modified on 8/22/2017 (lisad, ). (Entered: 08/21/2017)

08/22/2017

1210

ORDER THAT UPON CONSIDERATION OF THE PLAINTIFFS' MOTION TO COMPEL ALLSTATE TO PRODUCE ALL RESPONSIVE DOCUMENTS AND A CERTIFICATION OF COMPLIANCE 1206 AND THE BRIEFING IN SUPPORT THEREOF AND IN OPPOSITION THERETO, IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED IN PART, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 8/22/17.8/22/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/22/2017)

08/24/2017

1211

ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD ON 9/21/2017, AT 1:00 PM, U.S. COURTHOUSE, 601 MARKET STREET, ROOM 4001, PHILADELPHIA, PA 19106. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 8/24/17. 8/24/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/24/2017)

08/25/2017

1212

ORDER THAT UPON REVIEW OF THE PHASE III PLAINTIFFS IDENTIFIED IN THE JOINT PRETRIAL STATEMENT 1149 COMPARED TO THE DOMICILES PLEAD IN THE CONSOLIDATED AMENDED COMPLAINT 864 , IT IS ORDERED THAT PHASE III PLAINTIFFS SHALL SHOW CAUSE IN A MEMORANDUM FILED ON OR BEFORE 8/31/2017, AS TO WHY DENNIS Z. SMITH OF YORK, PENNSYLVANIA DOMICILED IN THE MIDDLE DISTRICT OF PENNSYLVANIA IS INCLUDED IN THE PHASE III TRIAL, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/25/17. 8/25/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/25/2017)

08/28/2017

1213

ORDER THAT THE PHASE III PLAINTIFFS' SHOW CAUSE MEMORANDUM REQUIRED UNDER OUR 8/25/2017, ORDER SHALL ALSO ADDRESS WHY GARY SIGLER OF BERKS COUNTY, PENNSYLVANIA DOMICILED IN THIS DISTRICT IS NOT INCLUDED IN THE PHASE III TRAIL UNDER OUR 6/5/2017, ORDER 1147 AND, IF WARRANTED, INCLUDE ARGUMENTS PARTICULAR TO MR. SIGLER AFFECTING THE PENDING SUMMARY JUDGMENT MOTIONS AND RESPONSES. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/28/17. 8/28/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 08/28/2017)

08/31/2017

1214

MEMORANDUM to Show Cause in Response to Court's August 25 and 28, 2017 Orders by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 629 of 745
BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 630 of 745
C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 631 of 745

WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Declaration of C. Meehan, # 2 Exhibit A, # 3 Exhibit B)(MEEHAN, COLEEN) Modified on 9/1/2017 (lisad, ). (Entered: 08/31/2017)

08/31/2017 1215 Allstate's Certification of Document Production re 1210 Order on Motion to Compel, by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (TSONIS, GREGORY) Modified on 9/1/2017 (lisad, ). (Entered: 08/31/2017)

09/01/2017 1216 ORDER THAT SETTLEMENT CONFERENCE SET FOR 9/27/2017 01:00 PM. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 9/1/17. 9/1/17 ENTERED AND COPIES MAILED, E−MAILED.(rf, ) (Entered: 09/01/2017)

09/01/2017

1217

ORDER THAT THE STIPULATION REGARDING EXTENSION OF DEADLINE WITH RESPECT TO EXPERT DESPOSITIONS AND DAUBERT MOTIONS IS APPROVED AND THE JUNE 16, 2017 ORDER TO PERMIT FILINGS CONSISTENT WITH THE ATTACHED STIPULATION (SIGNED BY HONORABLE MARK A. KEARNEY) ON 09/01/2017 09/01/2017 ENTERED AND COPIES MAILED, E−MAILED.(nd) (Entered: 09/01/2017)

09/05/2017 1218 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/2017. 9/5/2017 ENTERED AND COPIES MAILED, E−MAILED.(kp, ) (Entered: 09/05/2017)

09/05/2017 1219 ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON CRAIG MILLISON'S RETALIATION CLAIMS IS GRANTED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/2017. 9/5/2017 ENTERED AND COPIES MAILED, E−MAILED.(kp, ) (Entered: 09/05/2017)

09/05/2017 1220 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/17. 9/5/17 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(kw, ) (Entered: 09/05/2017)

09/05/2017

1221

ORDER THAT DEFTS' MOTION (ECF DOC. NO. 1174) IS GRANTED AS THERE ARE NO GENUINE ISSUES OF MATERIAL FACT PRECLUDING JUDGMENT AS A MATTER OF LAW BARRING THESE DISPARATE TREATMENT CLAIMS AS UNTIMELY & REQUIRING WE DISMISS PLFFS JOSEPH ECKERT'S, STEVEN EVANS', PHILIP METCALFE'S, CRAIG MILLISON'S PAULA SCHOTT'S & STANLEY SUWALA'S CLAIMS IN COUNT IV. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/17. 9/5/17 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(kw, ) (Entered: 09/05/2017)

09/05/2017 1222 MEMORANDUM AND/OR OPINION.SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/17. 9/5/17 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(kw, ) (Entered: 09/05/2017)

09/05/2017 1223 ORDER THAT DEFTS' MOTION (ECF DOC. NO. 1182) IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/5/17. 9/5/17 ENTERED AND COPIES MAILED, E−MAILED AND FAXED.(kw, ) (Entered: 09/05/2017)

09/08/2017 1224 Declaration re 1210 Order on Motion to Compel, Amended Certification of Document Production by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (TSONIS, GREGORY) (Entered: 09/08/2017)

09/18/2017

1225

MOTION for Summary Judgment on the Phase III Plaintiffs' Remaining Claims (Counts I, V, VI, and VII) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(FOWKES, SCOTT) (Entered: 09/18/2017)

09/18/2017

1226

Statement of Undisputed Facts in Support of Allstate's Motion for Summary Judgment on the Phase III Plaintiffs' Remaining Claims (Counts I, V, VI, and VII) by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration of Scott Fowkes, # 3 Exhibit 1 to Declaration of Scott Fowkes, # 4 Exhibit 2 to Declaration of Scott Fowkes, # 5 Exhibit 3 to Declaration of Scott Fowkes, # 6 Exhibit 4 to Declaration of

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 632 of 745

Scott Fowkes, # 7 Exhibit 5 to Declaration of Scott Fowkes, # 8 Exhibit 6 to Declaration of Scott Fowkes, # 9 Exhibit 7 to Declaration of Scott Fowkes, # 10 Exhibit 8 to Declaration of Scott Fowkes, # 11 Exhibit 9 to Declaration of Scott Fowkes, # 12 Exhibit 10 to Declaration of Scott Fowkes, # 13 Exhibit 11 to Declaration of Scott Fowkes, # 14 Exhibit 12 to Declaration of Scott Fowkes, # 15 Exhibit 13 to Declaration of Scott Fowkes, # 16 Exhibit 14 to Declaration of Scott Fowkes, # 17 Exhibit 15 to Declaration of Scott Fowkes, # 18 Exhibit 16 to Declaration of Scott Fowkes, # 19 Exhibit 17 to Declaration of Scott Fowkes, # 20 Exhibit 18 to Declaration of Scott Fowkes, # 21 Exhibit 19 to Declaration of Scott Fowkes, # 22 Exhibit 20 to Declaration of Scott Fowkes, # 23 Exhibit 21 to Declaration of Scott Fowkes, # 24 Exhibit 22 to Declaration of Scott Fowkes, # 25 Exhibit 23 to Declaration of Scott Fowkes, # 26 Exhibit 24 to Declaration of Scott Fowkes, # 27 Exhibit 25 to Declaration of Scott Fowkes, # 28 Exhibit 26 to Declaration of Scott Fowkes, # 29 Exhibit 27 to Declaration of Scott Fowkes, # 30 Exhibit 28 to Declaration of Scott Fowkes, # 31 Exhibit 29 to Declaration of Scott Fowkes, # 32 Exhibit 30 to Declaration of Scott Fowkes, # 33 Exhibit 31 to Declaration of Scott Fowkes, # 34 Exhibit 32 to Declaration of Scott Fowkes, # 35 Exhibit 33 to Declaration of Scott Fowkes, # 36 Exhibit 34 to Declaration of Scott Fowkes, # 37 Exhibit 35 to Declaration of Scott Fowkes, # 38 Exhibit 36 to Declaration of Scott Fowkes, # 39 Exhibit 37 to Declaration of Scott Fowkes, # 40 Exhibit 38 to Declaration of Scott Fowkes, # 41 Exhibit 39 to Declaration of Scott Fowkes, # 42 Exhibit 40 to Declaration of Scott Fowkes, # 43 Exhibit 41 to Declaration of Scott Fowkes)(FOWKES, SCOTT) (Entered: 09/18/2017)

09/20/2017 1227 STIPULATION of Dismissal by ALLSTATE INSURANCE COMPANY As To Plaintiffs Wendt and Brooks. Certificate of Service. (KATCHEN, KATHERINE) Modified on 9/21/2017 (lisad, ). (Entered: 09/20/2017)

09/21/2017

1228

ORDER THAT THE ATTACHED STIPULATION IS APPROVED AND WE AMEND OUR 6/16/2017 ORDER 1156 AND 9/1/2017 ORDER 1217 TO PERMIT FILINGS CONSISTENT WITH THE ATTACHED STIPULATION, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/21/17. 9/21/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/21/2017)

09/21/2017 1229 NOTICE by ALLSTATE INSURANCE COMPANY of Non−District Residency of Paula Schott (KATCHEN, KATHERINE) (Entered: 09/21/2017)

09/21/2017

1230

ORDER THAT THE STIPULATION 1227 IS APPROVED AND CLAIMS BROUGHT AGAINST ALL DEFENDANTS BY PLAINTIFFS ARLENE WENDT AND NEAL SWANK BROOKS ONLY ARE DISMISSED UNDER AGREEMENT OF COUNSEL AND FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii). SIGNED BY HONORABLE MARK A. KEARNEY ON 9/21/17. 9/21/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/21/2017)

09/21/2017

1231

MOTION to Strike 1225 MOTION for Summary Judgment on the Phase III Plaintiffs' Remaining Claims (Counts I, V, VI, and VII) Or, Alternatively, To Amend The Court's June 16, 2017 Order filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 633 of 745
CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 634 of 745

JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Motion to Strike Defendants' Fourth Phase III MSJ or, Alternatively, to Amend the Court's June 6, 2017 Order, # 2 Proposed Order, # 3 Meehan Declaration, # 4 Exhibit A, # 5 Exhibit B)(MEEHAN, COLEEN) (Entered: 09/21/2017)

09/22/2017

1232

RESPONSE in Opposition re 1231 MOTION to Strike 1225 MOTION for Summary Judgment on the Phase III Plaintiffs' Remaining Claims (Counts I, V, VI, and VII) Or, Alternatively, To Amend The Court's June 16, 2017 Order filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of Scott Fowkes, # 2 Exhibit 1 to Declaration of Scott Fowkes)(FOWKES, SCOTT) (Entered: 09/22/2017)

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09/22/2017

1233

ORDER THAT PLAINTIFFS' MOTION TO STRIKE 1231 IS DENIED BUT PLAINTIFFS ARE GRANTED LEAVE TO RESPOND TO THE PENDING MOTION FOR SUMMARY JUDGMENT 1225 NO LATER THAN 10/23/2017. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/22/17.9/22/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 09/22/2017)

09/22/2017

Set/Reset Deadlines (ti, ) (Entered: 09/22/2017)

09/26/2017

1234

Plaintiffs' Response to Allstate Defendants' Notice Regarding Non−District Residency of Phase III Trial Plaintiff Paula Schott by STEVEN EVANS, PHILLIP N. METCALFE, CRAIG A. MILLISON, DENNIS Z. SMITH, STANLEY SUWALA, PAULA SCHOTT re 1229 Notice (Other) (MEEHAN, COLEEN) Modified on 9/27/2017 (lisad, ). (Entered: 09/26/2017)

09/29/2017 1235 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 9/27/17. (ti, ) (Entered: 09/29/2017)

10/06/2017

1236

ORDER THAT WE DISMISS ALL CLAIMS OF STEVEN EVANS, PHILIP METCALFE, CRAIG MILLISON, PAULA SCHOTT, DENNIS Z. SMITH, STANLEY SUWALA, JOSEPH ECKERT, AND JAMES GREGG UNDER AGREEMENT OF COUNSEL AND LOCAL RULE OF CIVIL PROCEDURE 41.1(b); SUBJECT TO DISMISSAL ABOVE WE VACATE THE PROSPECTIVE OBLIGATIONS OF THE PARTIES IN PARAGRAPHS 3 THROUGH 16 OF OUR 6/16/2017 ORDER 1156 ; WE DENY AS MOOT ALLSTATE'S MOTION FOR SUMMARY JUDGMENT ON THE PHASE III PLAINTIFFS' REMAINING CLAIMS (COUNTS I, V, VI, AND VII) 1225 ; AND ON OR BEFORE 10/18/2017, PLAINTIFFS' COUNSEL SHALL FILE A JOINT STATUS MEMORANDUM NOT EXCEEDING 6 PAGES, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/6/17. 10/6/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 10/06/2017)

10/18/2017

1237

Joint Status Memorandum by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 636 of 745
DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 637 of 745

JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Plaintiffs' Exhibit A)(MEEHAN, COLEEN) Modified on 10/19/2017 (lisad, ). (Entered: 10/18/2017)

10/20/2017

1238

ORDER THAT THE PARTIES MAY NOT STAY OR IN ANY WAY IMPEDE DISCOVERY UNDER OUR 6/16/2017 ORDER 1156 ; AS WE FIND CONTRADICTORY AND CONFUSING REPORTS OF THE PERSONS WHO HAVE CLAIMS REMAINING, ON OR BEFORE 10/27/2017, THE PLAINTIFFS SHALL FILE A MEMORANDUM IDENTIFYING ALL PERSONS WHO HAVE NOT SETTLED CLAIMS AS OF THE DATE OF FILING INCLUDING THE JUDICIAL DISTRICT OF THEIR PRESENT RESIDENCE; AND, GIVEN TRIAL OBLIGATIONS, WE MUST POSTPONE AN ANTICIPATED 10/27/2017 PHASE IV SCHEDULING CONFERENCE CALL UNTIL 10/30/2017, AT 12:30 PM EST, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/20/17. 10/20/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 10/20/2017)

10/27/2017 1239 Statement Plaintiffs' Memorandum in Response to the Court's October 20, 2017 Order by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 638 of 745
ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 639 of 745
KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, EARL SIEGFRIED, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 640 of 745

WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(MEEHAN, COLEEN) (Entered: 10/27/2017)

10/30/2017 1240 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY. A Telephone Conference was held on 10/30/17. (fdc) (Entered: 10/30/2017)

10/30/2017

1241

*PARAGRAPH 1 AMENDED AS PER ORDER OF 11/9/2017* ORDER THAT THE PARTIES SHALL COMPLETE ALL WRITTEN DISCOVERY ON THE REMAINING PLAINTIFFS' CLAIMS BY 11/30/17. THE PARTIES SHALL ENDEAVOR TO MEET WITH JUDGE HEFFLEY ON THE AFTERNOONS AND EVENINGS OF EITHER 12/4/17 OR 12/7/17 TO FURTHER THEIR ONGOING SETTLEMENT DISCUSSIONS INCLUDING CONSIDERING SETTLING ON A GLOBAL BASIS WITH A POTENTIAL APPOINTMENT OF A SETTLEMENT MASTER THEREAFTER TO ALLOCATE A GLOBAL PAYMENT AMONG THE REMAINING PLAINTIFFS BASED ON INDIVIDUAL DISTINCTIONS IN DAMAGES. PLAINTIFFS' COUNSEL SHALL IMMDIATELY COORDINATE ONE OF THESE TWO DATES OR THE EARLIEST POSSIBLE DATE THEREAFTER SO AS TO ALLOW JUDGE HEFFLEY TO MEET WITH THE PARTIES AS MANY TIMES AS NECESSARY BEFORE 12/30/17. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/30/17. 10/30/17 ENTERED & E−MAILED.(fdc) Modified on 11/9/2017 (aeg) (Entered: 10/30/2017)

11/02/2017

1242

ORDER THAT A SETTLEMENT CONFERENCE WILL BE HELD IN ROOM 4001, 4TH FLOOR, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PA 19106 ON 12/8/2017 COMMENCING AT 9:30 AM. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 11/2/17. 11/2/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 11/02/2017)

11/08/2017

1243

MOTION to Amend/Correct 1241 Order,,,, Set Scheduling Order Deadlines,,, filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 641 of 745
MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 642 of 745

FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Certificate of Service. (Attachments: # 1 Proposed Order, # 2 Declaration of Coleen M. Meehan)(MEEHAN, COLEEN) (Entered: 11/08/2017)

11/09/2017

1244

ORDER THAT PLAINTIFFS' UNCONTESTED MOTION TO AMEND (DOC. NO. 1243 ) IS GRANTED AND WE AMEND PARAGRAPH 1 OF OUR 10/30/2017 ORDER (DOC. NO. 1241 ) TO ALLOW THE PARTIES TO COMPLETE ALL WRITTEN DISCOVERY ON THE REMAINING CLAIMS BY 12/5/2017. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/9/2017. 11/9/2017 ENTERED AND COPIES MAILED AND E−MAILED. (aeg) (Entered: 11/09/2017)

11/17/2017

1245

Statement Joint Memorandum Pursuant to Court's October 30, 2017 Order by THOMAS ABELL, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 643 of 745
BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 644 of 745
NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 11/17/2017)

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11/24/2017

1246

ORDER THAT THE STIPULATION OF DISMISSAL AS TO CHARLES WILLIAMS' CLAIMS IS APPROVED AND WE DISMISS ALL OF CHARLES WILLIAMS' CLAIMS ONLY UNDER AGREEMENT OF COUNSEL AND F.R.C.P. 41(a)(1)(A)(ii). SIGNED BY HONORABLE MARK A. KEARNEY ON 11/24/2017. 11/24/2017 ENTERED AND COPIES MAILED AND E−MAILED.(sg, ) (Entered: 11/24/2017)

11/29/2017

1247

ORDER THAT PLAINTIFFS SHALL, NO LATER THAN 12/5/17, EITHER: SHOW CAUSE IN A MEMORANDUM NOT EXCEEDINGS THREE PAGES EXPLAINING WHY MR. GAFNER REMAINS IN THE CASE AFTER JUDGE BUCKWALTER 7/28/10 OPINION AND SEEKING TO ADD HIM TO THE CAPTION OR, IF HE IS DISMISSED, FILE A VOLUNTARY DISMISSAL OF BREACH OF CONTRACT CLAIMS POSSIBLY INADVERTENTLY FILED ON HIS BEHALF AS REFERENCED IN THE CONSOLIDATED AMENDED COMPLAINT; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 11/29/17. 11/29/17 ENTERED AND COPIES MAILED, E−MAILED.(jl, ) (Entered: 11/29/2017)

12/01/2017

1248

MOTION for Partial Summary Judgment on the Romero III Plaintiffs' Retaliation Claims (Counts XI, XII, XIII, and XIV) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(HEINZ, JORDAN) (Entered: 12/01/2017)

12/01/2017

1249

Statement of Undisputed Facts in Support of Partial Motion for Summary Judgment on the Romero III Plaintiffs' Retaliation Claims (Counts XI, XII, XIII, and XIV) by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration of J. Heinz, # 3 Exhibit 1 to Declaration of J. Heinz, # 4 Exhibit 2 to Declaration of J. Heinz, # 5 Exhibit 3 to Declaration of J. Heinz, # 6 Exhibit 4 to Declaration of J. Heinz, # 7 Exhibit 5 to Declaration of J. Heinz, # 8 Exhibit 6 to Declaration of J. Heinz, # 9 Exhibit 7 to Declaration of J. Heinz, # 10 Exhibit 8 to Declaration of J. Heinz, # 11 Exhibit 9 to Declaration of J. Heinz, # 12 Exhibit 10 to Declaration of J. Heinz, # 13 Exhibit 11 to Declaration of J. Heinz, # 14 Exhibit 12 to Declaration of J. Heinz, # 15 Exhibit 13 to Declaration of J. Heinz, # 16 Exhibit 14 to Declaration of J. Heinz, # 17 Exhibit 15 to Declaration of J. Heinz, # 18 Exhibit 16 to Declaration of J. Heinz, # 19 Exhibit 17 to Declaration of J. Heinz, # 20 Exhibit 18 to Declaration of J. Heinz, # 21 Exhibit 19 to Declaration of J. Heinz, # 22 Exhibit 20 to Declaration of J. Heinz, # 23 Exhibit 21 to Declaration of J. Heinz, # 24 Exhibit 22 to Declaration of J. Heinz, # 25 Exhibit 23 to Declaration of J. Heinz, # 26 Exhibit 24 to Declaration of J. Heinz, # 27 Exhibit 25 to Declaration of J. Heinz, # 28 Exhibit 26 to Declaration of J. Heinz, # 29 Exhibit 27 to Declaration of J. Heinz, # 30 Exhibit 28 to Declaration of J. Heinz, # 31 Exhibit 29 to Declaration of J. Heinz, # 32 Exhibit 30 to Declaration of J. Heinz, # 33 Exhibit 31 to Declaration of J. Heinz, # 34 Exhibit 32 to Declaration of J. Heinz, # 35 Exhibit 33 to Declaration of J. Heinz, # 36 Exhibit 34 to Declaration of J. Heinz, # 37 Exhibit 35 to Declaration of J. Heinz, # 38 Declaration of J. Doherty, # 39 Exhibit 36 to Declaration of J. Doherty)(HEINZ, JORDAN) (Entered: 12/01/2017)

12/01/2017

1250

MOTION for Summary Judgment on Plaintiffs' ADEA Disparate Treatment Claims (Count IV) filed by THE ALLSTATE CORPORATION, ALLSTATE INSURANCE COMPANY. Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Appendix, # 3 Text of Proposed Order)(KATCHEN, KATHERINE) Modified on 12/4/2017 (lisad, ). (Entered: 12/01/2017)

12/01/2017

1251

Statement of Undisputed Facts in Support of Motion for Summary Judgment on Plaintiffs' ADEA Disparate Treatment Claims (Count IV) by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration Declaration of Katherine Katchen, # 3 Exhibit 1 to the Katchen Declaration, # 4 Exhibit 2 to the Katchen Declaration, # 5 Exhibit 3 to the Katchen Declaration, # 6 Exhibit 4 to the Katchen Declaration, # 7 Exhibit 5 to the Katchen Declaration, # 8 Exhibit 6 to the Katchen Declaration, # 9 Declaration of Julianne Doherty, # 10 Exhibit 7 to the Doherty Declaration, # 11 Exhibit 8 (Part 1 of 23) to the Doherty Declaration, # 12 Exhibit 8 (Part 2 of 23), # 13 Exhibit 8 (Part 3 of 23), # 14 Exhibit 8 (Part 4 of 23), # 15 Exhibit 8 (Part 5 of 23), # 16 Exhibit 8 (Part 6 of 23), # 17 Exhibit 8 (Part 7 of 23), # 18 Exhibit 8 (Part 8 of 23), # 19 Exhibit 8 (Part 9 of 23), # 20 Exhibit 8 (Part 10 of 23), # 21 Exhibit 8 (Part 11 of

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23), # 22 Exhibit 8 (Part 12 of 23), # 23 Exhibit 8 (Part 13 of 23), # 24 Exhibit 8 (Part 14 of 23), # 25 Exhibit 8 (Part 15 of 23), # 26 Exhibit 8 (Part 16 of 23), # 27 Exhibit 8 (Part 17 of 23), # 28 Exhibit 8 (Part 18 of 23), # 29 Exhibit 8 (Part 19 of 23), # 30 Exhibit 8 (Part 20 of 23), # 31 Exhibit 8 (Part 21 of 23), # 32 Exhibit 8 (Part 22 of 23), # 33 Exhibit 8 (Part 23 of 23), # 34 Declaration of Christine DeMilio)(KATCHEN, KATHERINE) (Entered: 12/01/2017)

12/05/2017

1252

RESPONSE TO ORDER TO SHOW CAUSE by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 647 of 745
HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 648 of 745

NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 12/05/2017)

12/06/2017 1253 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 12/5/17. (ti, ) (Entered: 12/06/2017)

12/06/2017

1254

ORDER THAT UPON CONSIDERING THE PLAINTIFFS' PARTIAL RESPONSE 1252 TO OUR 11/29/2017 ORDER 1247 , IT IS ORDERED WE DISMISS ALL DOUGLAS F. GAFNER'S CLAIMS ONLY UNDER AGREEMENT OF COUNSEL AND FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii). SIGNED BY HONORABLE MARK A. KEARNEY ON 12/6/17. 12/6/17 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 12/06/2017)

12/11/2017 1255 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 12/8/17. (ti, ) (Entered: 12/11/2017)

12/13/2017

1256

AMENDED DOCUMENT by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Amendment to 1250 MOTION for Summary Judgment on Plaintiffs' ADEA Disparate Treatment Claims (Count IV) Amended Appendix A Listing Plaintiffs Subject to the Instant Motion for Summary Judgment. (KATCHEN, KATHERINE) (Entered: 12/13/2017)

12/15/2017

1257

MEMORANDUM of Law in Opposition re 1250 MOTION for Summary Judgment on Plaintiffs' ADEA Disparate Treatment Claims (Count IV) filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 649 of 745
LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 650 of 745

RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Plaintiffs' Response in Opposition to Allstate's Statement of Facts and Plaintiffs' Statement of Additional Facts, # 2 Proposed Order)(MEEHAN, COLEEN) Modified on 12/18/2017 (lisad, ). (Entered: 12/15/2017)

12/15/2017

1258

Declaration re 1257 Response in Opposition to Motion,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Declaration of Coleen M. Meehan in Oppostion to Allstate's Statement of "Undisputed" Facts in Support of their Motion for Summary Judgment on Plaintiffs' ADEA Disparate Treatment Claims (Count IV) by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 651 of 745
HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 652 of 745
C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 653 of 745

JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Appendix, # 2 Exhibit 9, # 3 Exhibit 10, # 4 Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 14, # 8 Exhibit 15, # 9 Exhibit 16, # 10 Exhibit 17, # 11 Exhibit 18, # 12 Exhibit 19, # 13 Exhibit 20, # 14 Exhibit 21, # 15 Exhibit 22, # 16 Exhibit 23, # 17 Exhibit 24, # 18 Exhibit 25, # 19 Exhibit 26, # 20 Exhibit 27, # 21 Exhibit 28, # 22 Exhibit 29, # 23 Exhibit 30, # 24 Exhibit 31, # 25 Exhibit 32, # 26 Exhibit 33, # 27 Exhibit 34, # 28 Exhibit 35, # 29 Exhibit 36, # 30 Exhibit 37, # 31 Exhibit 38, # 32 Exhibit 39, # 33 Exhibit 40, # 34 Exhibit 41, # 35 Exhibit 42, # 36 Exhibit 43, # 37 Exhibit 44, # 38 Exhibit 45, # 39 Exhibit 46, # 40 Exhibit 47, # 41 Exhibit 48, # 42 Exhibit 49, # 43 Exhibit 50, # 44 Exhibit 51, # 45 Exhibit 52, # 46 Exhibit 53, # 47 Exhibit 54, # 48 Exhibit 55, # 49 Exhibit 56, # 50 Exhibit 57, # 51 Exhibit 58, # 52 Exhibit 59, # 53 Exhibit 60, # 54 Exhibit 61, # 55 Exhibit 62, # 56 Exhibit 63, # 57 Exhibit 64, # 58 Exhibit 65, # 59 Exhibit 66, # 60 Exhibit 67, # 61 Exhibit 68, # 62 Exhibit 69, # 63 Exhibit 70, # 64 Exhibit 71, # 65 Exhibit 72, # 66 Exhibit 73, # 67 Exhibit 74, # 68 Exhibit 75, # 69 Exhibit 76, # 70 Exhibit 77, # 71 Exhibit 78 (Part 1 of 3), # 72 Exhibit 78 (Part 2 of 3), # 73 Exhibit 78 (Part 3 of 3), # 74 Exhibit 79, # 75 Exhibit 80, # 76 Exhibit 81, # 77 Exhibit 82, # 78 Exhibit 83, # 79 Exhibit 84, # 80 Exhibit 85, # 81 Exhibit 86, # 82 Exhibit 87, # 83 Exhibit 88, # 84 Exhibit 89, # 85 Exhibit 90, # 86 Exhibit 91, # 87 Exhibit 92, # 88 Exhibit 93, # 89 Exhibit 94, # 90 Exhibit 95, # 91 Exhibit 96, # 92 Exhibit 97, # 93 Exhibit 98, # 94 Exhibit 99, # 95 Exhibit 100, # 96 Exhibit 101, # 97 Exhibit 102, # 98 Exhibit 103, # 99 Exhibit 104, # 100 Exhibit 105, # 101 Exhibit 106, # 102 Exhibit 107, # 103 Exhibit 108, # 104 Exhibit 109, # 105 Exhibit 110, # 106 Exhibit 111, # 107 Exhibit 112, # 108 Exhibit 113, # 109 Exhibit 114, # 110 Exhibit 115, # 111 Exhibit 116, # 112 Exhibit 117, # 113 Exhibit 118, # 114 Exhibit 119, # 115 Exhibit 120, # 116 Exhibit 121, # 117 Exhibit 122, # 118 Exhibit 123, # 119 Exhibit 124, # 120 Exhibit 125, # 121 Exhibit 126, # 122 Exhibit 127, # 123 Exhibit 128, # 124 Exhibit 129, # 125 Exhibit 130, # 126 Exhibit 131, # 127 Exhibit 132, # 128 Exhibit 133, # 129 Exhibit 134, # 130 Exhibit 135, # 131 Exhibit 136, # 132 Exhibit 137, # 133 Exhibit 138, # 134 Exhibit 139, # 135 Exhibit 140, # 136 Exhibit 141, # 137 Exhibit 142, # 138 Exhibit 143, # 139 Exhibit 144, # 140 Exhibit 145, # 141 Exhibit 146, # 142 Exhibit 147, # 143 Exhibit 148, # 144 Exhibit 149, # 145 Exhibit 150, # 146 Exhibit 151, # 147 Exhibit 152, # 148 Exhibit 153, # 149 Exhibit 154)(GORBEY, JACQUELINE) (Entered: 12/15/2017)

12/15/2017

1259

RESPONSE in Opposition re 1248 MOTION for Partial Summary Judgment on the Romero III Plaintiffs' Retaliation Claims (Counts XI, XII, XIII, and XIV) filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 654 of 745
REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 655 of 745

PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Plaintiffs' Statement of Material Facts in Opposition to Allstate's Partial Motion for Summaary Judgment on the Romero III Plaintiffs' Retaliation Claims, # 2 Proposed Order)(MEEHAN, COLEEN) (Entered: 12/15/2017)

12/15/2017

1260

Declaration re 1259 Response in Opposition to Motion,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Declaration of Coleen M. Meehan in Opposition to Allstate's Statement of "Undisputed" Facts in Support of their Motion for Partial Summary Judgment on Plaintiffs' Retaliation Claims (Counts XI, XII, XIII and XIV by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 656 of 745
L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 657 of 745
MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Appendix, # 2 Exhibit 37, # 3 Exhibit 38, # 4 Exhibit 39, # 5 Exhibit 40, # 6 Exhibit 41, # 7 Exhibit 42, # 8 Exhibit 43, # 9 Exhibit 44, # 10 Exhibit 45, # 11 Exhibit 46, # 12 Exhibit 47, # 13 Exhibit 48, # 14 Exhibit 49, # 15 Exhibit 50, # 16 Exhibit 51, # 17 Exhibit 52, # 18 Exhibit 53, # 19 Exhibit 54, # 20 Exhibit 55, # 21 Exhibit 56, # 22 Exhibit 57, # 23 Exhibit 58, # 24 Exhibit 59, # 25 Exhibit 60, # 26 Exhibit 61, # 27 Exhibit 62, # 28 Exhibit 63, # 29 Exhibit 64, # 30 Exhibit 65, # 31 Exhibit 66, # 32 Exhibit 67, # 33 Exhibit 68, # 34 Exhibit 69, # 35 Exhibit 70, # 36 Exhibit 71, # 37 Exhibit 72, # 38 Exhibit 73, # 39 Exhibit 74, # 40

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 658 of 745

Exhibit 75, # 41 Exhibit 76 (Part 1 of 4), # 42 Exhibit 76 (Part 2 of 4), # 43 Exhibit 76 (Part 3 of 4), # 44 Exhibit 76 (Part 4 of 4), # 45 Exhibit 77, # 46 Exhibit 78, # 47 Exhibit 79, # 48 Exhibit 80, # 49 Exhibit 81, # 50 Exhibit 82, # 51 Exhibit 83, # 52 Exhibit 84, # 53 Exhibit 85, # 54 Exhibit 86, # 55 Exhibit 87, # 56 Exhibit 88, # 57 Exhibit 89)(GORBEY, JACQUELINE) (Entered: 12/15/2017)

12/22/2017 1261 REPLY to Response to Motion re 1250 MOTION for Summary Judgment on Plaintiffs' ADEA Disparate Treatment Claims (Count IV) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (KATCHEN, KATHERINE) (Entered: 12/22/2017)

12/22/2017

1262

Statement Allstate's Response to Plaintiffs' "Additional Statement of Facts" by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix of Exhibits, # 2 Declaration of Katharine M. Katchen, # 3 Exhibit 155, part 1, # 4 Exhibit 155, part 2, # 5 Exhibit 155, part 3, # 6 Exhibit 155, part 4, # 7 Exhibit 155, part 5, # 8 Exhibit 155, part 6, # 9 Exhibit 156, # 10 Exhibit 157, # 11 Exhibit 158, # 12 Exhibit 159, # 13 Exhibit 160, # 14 Exhibit 161, # 15 Exhibit 162, # 16 Exhibit 163, # 17 Exhibit 164, # 18 Exhibit 165, # 19 Exhibit 166, # 20 Exhibit 167, # 21 Exhibit 168, # 22 Exhibit 169, # 23 Exhibit 170, # 24 Exhibit 171, # 25 Exhibit 172, # 26 Exhibit 173, # 27 Exhibit 174, # 28 Exhibit 175, # 29 Exhibit 176, # 30 Exhibit 177, # 31 Exhibit 178, # 32 Exhibit 179, # 33 Exhibit 180, # 34 Exhibit 181, # 35 Exhibit 182, # 36 Exhibit 183, # 37 Exhibit 184, # 38 Exhibit 185, # 39 Exhibit 186, # 40 Exhibit 187, # 41 Exhibit 188, # 42 Exhibit 189, # 43 Exhibit 190, # 44 Exhibit 191, # 45 Exhibit 192, # 46 Exhibit 193, # 47 Exhibit 194, # 48 Exhibit 195, # 49 Exhibit 196, # 50 Exhibit 197, # 51 Exhibit 198, # 52 Exhibit 199, # 53 Exhibit 200, # 54 Exhibit 201, # 55 Exhibit 202, # 56 Exhibit 203, # 57 Exhibit 204, # 58 Exhibit 205, # 59 Exhibit 206, # 60 Exhibit 207, # 61 Exhibit 208, # 62 Exhibit 209, # 63 Exhibit 210, # 64 Exhibit 211, # 65 Exhibit 212, # 66 Exhibit 213, # 67 Exhibit 214, # 68 Exhibit 215, # 69 Exhibit 216, # 70 Exhibit 217, # 71 Exhibit 218, # 72 Exhibit 219, # 73 Exhibit 220, # 74 Exhibit 221, # 75 Exhibit 222)(KATCHEN, KATHERINE) (Entered: 12/22/2017)

12/22/2017 1263 REPLY to Response to Motion re 1248 MOTION for Partial Summary Judgment on the Romero III Plaintiffs' Retaliation Claims (Counts XI, XII, XIII, and XIV) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 12/22/2017)

12/22/2017

1264

Statement Allstate's Response to Plaintiffs' "Statement of Additional Material Facts" by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration of J. Heinz, # 3 Exhibit 90 to Declaration of J. Heinz, # 4 Exhibit 91 to Declaration of J. Heinz)(HEINZ, JORDAN) (Entered: 12/22/2017)

01/08/2018 1265 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 1/4/18. (ti, ) (Entered: 01/08/2018)

01/08/2018 1266 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Coleen Meehan, Esquire on 1/8/18. (ti, ) Modified on 1/9/2018 (ti, ). (Entered: 01/09/2018)

01/08/2018 1267 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Richard C. Godfrey, Esquire on 1/8/18. (ti, ) (Entered: 01/09/2018)

01/17/2018 1268 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via Telephone was held with Richard C. Godfrey, Esquire on 1/17/18. (jaa, ) (Entered: 01/17/2018)

01/29/2018 1269 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 1/26/18. (jaa, ) (Entered: 01/29/2018)

01/29/2018 1270 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 1/26/18. (jaa, ) (Entered: 01/29/2018)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 659 of 745

01/29/2018 1271 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/29/18. 1/30/18 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 1/30/2018 (jaa, ). (Entered: 01/30/2018)

01/29/2018

1272

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF DOC. NO. 1248) IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/29/18. 1/30/18 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 1/30/2018 (lisad, ). (Entered: 01/30/2018)

01/29/2018

1273

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON A VARIETY OF PLAINTIFFS' ADEA DISPARATE TREATMEN CLAIMS (COUNT IV) REQUIRING INDIVIDUALIZED RESOLUTION OF EXHAUSTION ISSUES IS DENIED WITHOUT PREJUDICE AND A TELEPHONIC STATUS CONFERENCE WILL BE HELD ON FRIDAY, FEBRUARY 9, 2018 AT 12:30 P.M. AS OUTLINED. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/29/18. 1/30/18 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 1/30/2018 (jaa, ). *FILED IN ERROR. (Entered: 01/30/2018)

01/29/2018

Set/Reset Hearings: TELEPHONE STATUS CONFERENCE SET FOR 2/9/2018 12:30 PM IN JUDGE CHAMBERS BEFORE HONORABLE MARK A. KEARNEY. (jaa, ) (Entered: 01/30/2018)

01/29/2018

1274

ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON A VARIETY OF PLAINTIFFS' ADEA DISPARATE TREATMEN CLAIMS (COUNT IV) REQUIRING INDIVIDUALIZED RESOLUTION OF EXHAUSTION ISSUES IS DENIED WITHOUT PREJUDICE AND A TELEPHONIC STATUS CONFERENCE WILL BE HELD ON FRIDAY, FEBRUARY 9, 2018 AT 12:30 P.M. AS OUTLINED. SIGNED BY HONORABLE MARK A. KEARNEY ON 1/29/18. 1/30/18 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) (Entered: 01/30/2018)

01/30/2018 1275 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via Telephone was held with Coleen Meehan, Esquire on 1/30/18. (jaa, ) (Entered: 01/30/2018)

02/01/2018 1276 ORDER THAT THE 2/9/2018 TELEPHONIC STATUS CONFERENCE IS RESCHEDULED TO 2/22/2018, AT 9:30 AM, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/1/2018. 2/1/2018 ENTERED AND COPIES MAILED TO COUNSEL AND E−MAILED.(amas) (Entered: 02/01/2018)

02/02/2018 1277 Minute Entry for Settlement Conference via telephone with Richard C. Godfrey, Esquire on 2/1/18 before Judge Heffley. (mbh, ) (Entered: 02/02/2018)

02/05/2018 1278 NOTICE of Withdrawal of Appearance by ELIZABETH MCMANUS on behalf of EDWARD M. LIDDY(MCMANUS, ELIZABETH) (Entered: 02/05/2018)

02/09/2018 1279 NOTICE of Withdrawal of Appearance by CHRISTOPHER Q. KING on behalf of ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION(KING, CHRISTOPHER) (Entered: 02/09/2018)

02/09/2018

1280

MOTION for Reconsideration re 1271 Memorandum and/or Opinion filed by JAMES T. BEVER, ROGER BOYD, RICHARD A. CARRIER, PAUL R. COBB, CRAIG K. CREASE, SYLVIA CREWS−KELLY, DWIGHT ENGLISH, RONALD W. HARPER, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, NATHAN R. LITTLEJOHN, II, REBECCA R. MASLOWSKI, JAMES E. MOOREHEAD, CHRISTOPHER L. PERKINS, RICHARD E. PETERSON, JAMES P. PILCHAK, PAULA REINERIO, GENE R. ROMERO, PAUL L. SHIRLEY, DONALD L. TRGOVICH, RICHARD S. WANDNER, TIMOTHY WEISMAN, ANTHONY T. WIKTOR, JOHN W. WITTMAN, RALPH J. WOLVERTON.Certificate of Service. (Attachments: # 1 Romero III Plaintiffs' Memorandum of Law in Support of Their Motion for Reconsideration, # 2 Proposed Order)(MEEHAN, COLEEN) (Entered: 02/09/2018)

02/14/2018 1281 ORDER THAT UPON CONSIDERING THE ROMERO III PLAINTIFFS' MOTION FOR RECONSIDERATION 1280 OF PARAGRAPH 1 OF OUR 1/29/2018 ORDER 1272 , IT IS ORDERED THAT THE MOTION IS RECONSIDERATION 1280 IS

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 660 of 745

DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/14/18.2/14/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 02/14/2018)

02/20/2018 1282 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY. A Settlement Conference via telephone was held with Colleen Meehan, Esq. on 2/13/18. (fdc) Modified on 2/20/2018 (lisad, ). (Entered: 02/20/2018)

02/20/2018 1283 STATUS REPORT Allstate's Status Conference Report by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (ZOLNER, ERICA) (Entered: 02/20/2018)

02/21/2018 1284 NOTICE of Withdrawal of Appearance by DONALD R. LIVINGSTON on behalf of ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION(LIVINGSTON, DONALD) (Entered: 02/21/2018)

02/21/2018 1285 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY. A Settlement Conference via telephone was held with Richard C. Godfrey, Esq. on 2/20/18. (fdc) Modified 2/22/18 (fdc). (Entered: 02/21/2018)

02/21/2018 1286 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY. A second Settlement Conference via telephone was held with Richard C. Godfrey, Esq. on 2/20/18. (fdc) Modified 2/22/18 (fdc). (Entered: 02/21/2018)

02/21/2018 1287 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY. A third Settlement Conference was held with Richard C. Godfrey, Esq. on 2/20/18. (fdc) Modified 2/22/18 (fdc). (Entered: 02/21/2018)

02/21/2018 1288 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY. A fourth Settlement Conference was held with Richard C. Godfrey, Esq. on 2/20/18. (fdc) Modified 2/22/18 (fdc). (Entered: 02/21/2018)

02/21/2018 1289 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY. A Settlement Conference via telephone was held with Coleen Meehan, Esq. on 2/20/18. (fdc) Modified 2/22/18 (fdc). (Entered: 02/21/2018)

02/21/2018 1290 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY. A second Settlement Conference via telephone was held with Coleen Meehan, Esq. on 2/20/18. (fdc) Modified 2/22/18 (fdc). (Entered: 02/21/2018)

02/21/2018 1291 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY. A third Settlement Conference via telephone was held with Coleen Meehan, Esq. on 2/20/18. (fdc) Modified 2/22/18 (fdc). (Entered: 02/21/2018)

02/22/2018

1292

ORDER THAT ON OR BEFORE 4:00 PM EST ON 3/8/2018, PLAINTIFFS SHALL FILE A JOINT MEMORANDUM; A TELEPHONIC STATUS CONFERENCE WILL BE HELD ON 3/9/2018 AT 10:00 AM EST, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 2/22/18. 2/22/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 02/22/2018)

02/22/2018 1293 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference re: Status Update held on 2/22/18. (ti, ) (Entered: 02/22/2018)

02/22/2018 1294 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via Telephone was held with Richard C. Godfrey, Esquire on 2/22/18. (jaa, ) (Entered: 02/22/2018)

02/22/2018 1295 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via Telephone was held with Coleen Meehan, Esquire on 2/22/18. (jaa, ) (Entered: 02/22/2018)

03/01/2018 1296 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Richard C. Godfrey, Esquire on 3/1/18. (ti, ) (Entered: 03/02/2018)

03/01/2018 1297 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Coleen Meehan, Esquire on 3/1/18. (ti, ) (Entered: 03/02/2018)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 661 of 745

03/05/2018 1298 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 3/5/18. (ti, ) (Entered: 03/05/2018)

03/05/2018 1299 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 3/5/18. (ti, ) (Entered: 03/05/2018)

03/05/2018 1300 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Robert Valli, Esquire on 3/5/18. (ti, ) (Entered: 03/05/2018)

03/06/2018 1301 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Robert Valli, Esquire on 3/6/18. (ti, ) (Entered: 03/08/2018)

03/06/2018 1302 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 3/6/18. (ti, ) (Entered: 03/08/2018)

03/08/2018

1303

Joint Memorandum Pursuant to Court's February 22, 2018 Order by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 662 of 745
FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 663 of 745

GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Exhibit A)(MEEHAN, COLEEN) Modified on 3/9/2018 (lisad, ). (Entered: 03/08/2018)

03/08/2018 1304 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 3/8/18. (ti, ) (Entered: 03/09/2018)

03/09/2018 1305 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Coleen Meehan, Esquire on 3/7/18. (ti, ) (Entered: 03/09/2018)

03/09/2018

1306

ORDER THAT MOTIONS DUE BY 8/3/2018., MOTION FOR SUMMARY JUDGMENT DUE BY 8/3/2018 AND TELEPHONE CONFERENCE SET FOR 9/21/2018 09:30 AM BEFORE HONORABLE MARK A. KEARNEY AS OUTLINED. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/9/18. 3/12/18 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 3/12/2018 (jaa, ). (Entered: 03/12/2018)

03/09/2018 1307 Minute Entry for proceedings held before HONORABLE MARK A. KEARNEY Telephone Conference held on 3/9/18 (jaa, ) (Entered: 03/12/2018)

03/14/2018 1308 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held on 3/14/18. (ti, ) (Entered: 03/14/2018)

03/14/2018

1309

SUGGESTION OF DEATH Upon the Record as to James DePizzo by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 664 of 745
BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 665 of 745

MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 03/14/2018)

03/14/2018

1310

SUGGESTION OF DEATH Upon the Record as to Herbert Newman by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 666 of 745
R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 667 of 745

MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 03/14/2018)

03/14/2018

1311

SUGGESTION OF DEATH Upon the Record as to Rita Pino by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 668 of 745
BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 669 of 745

KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 03/14/2018)

03/19/2018

1312

SUGGESTION OF DEATH Upon the Record as to Michael Brantmeier by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 670 of 745
CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 671 of 745

CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 03/19/2018)

03/19/2018

1313

SUGGESTION OF DEATH Upon the Record as to Robert J. Killeen by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 672 of 745
COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 673 of 745

PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 03/19/2018)

03/19/2018

1314

MOTION to Substitute Party for Plaintiff Rita Pino filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 674 of 745
DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 675 of 745

SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Declaration)(MEEHAN, COLEEN) (Entered: 03/19/2018)

03/19/2018

1315

MOTION to Substitute Party Herbert Newman filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 676 of 745
DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 677 of 745

CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Declaration, # 2 Exhibit A)(MEEHAN, COLEEN) (Entered: 03/19/2018)

03/19/2018

1316

MOTION to Substitute Party James DePizzo filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 678 of 745
FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 679 of 745

STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Declaration)(MEEHAN, COLEEN) (Entered: 03/19/2018)

03/20/2018 1317 RESPONSE to Motion re 1315 MOTION to Substitute Party Herbert Newman, 1316 MOTION to Substitute Party James DePizzo, 1314 MOTION to Substitute Party for Plaintiff Rita Pino filed by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (Entered: 03/20/2018)

03/20/2018 1318 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference with Coleen Meehan, Esquire was held on 3/19/18. (ti, ) (Entered: 03/20/2018)

03/20/2018 1319 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Richard C. Godfrey, Esquire on 3/19/18. (ti, ) (Entered: 03/20/2018)

03/20/2018

1320

ORDER THAT UPON CONSIDERING PLAINTIFFS' MOTION TO SUBSTITUTE MICHELLE MORABITO FOR DECEASED ORIGINAL PLAINTIFF RITA PINO UNDER FED. R. CIV. P. 25(a) 1314 , IT IS ORDERED THAT PLAINTIFFS' MOTION TO SUBSTITUTE IS GRANTED, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/20/18.3/20/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/20/2018)

03/20/2018

1321

ORDER THAT UPON CONSIDERING PLAINTIFFS' MOTION TO SUBSTITUE DAVID NEWMAN FOR DECEASED ORIGINAL PLAINTIFF HERBERT A. NEWMAN UNDER FED. R. CIV. P. 25(a) 1315 , IT IS ORDERED THAT PLAINTIFFS' MOTION IS GRANTED, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/20/18.3/20/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/20/2018)

03/20/2018

1322

ORDER THAT UPON CONSIDERING PLAINTIFFS' MOTION TO SUBSTITUE MARY ANN DEPIZZO FOR DECEASED ORIGINAL PLAINTIFF JAMES DEPIZZO UNDER FED. R. CIV. P. 25(a) 1316 , IT IS ORDERED THAT PLAINTIFFS' MOTION IS GRANTED, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/20/18.3/20/18 ENTERED AND COPIES MAILED, E−MAILED..(ti, ) (Entered: 03/20/2018)

03/20/2018 1323 NOTICE of Withdrawal of Appearance by JONATHAN L. BOBBITT on behalf of JUDI ALLEN, PHILLIP ANDERSON, KAREN EMMERT, ISABELL HUIE, GARY NEWSOM, CHRIS ROGERS, FREDA SANFORD, JOHN SIMERLY, MICHAEL SIMERLY, RODNEY TABOR(BOBBITT, JONATHAN) (Entered: 03/20/2018)

03/21/2018

1324

STIPULATION of Dismissal as to Plaintiff Robert Telkins by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 680 of 745
BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 681 of 745

MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 03/21/2018)

03/22/2018

1325

ORDER THAT UPON CONSIDERING THE PARTEIS' STIPULATION OF DISMISSAL AS TO ROBERT TELKINS' CLAIMS 1324 , IT IS ORDERED THAT THE STIPULATION IS APPROVED AND WE DISMISS WITH PREJUDICE ALL OF ROBERT TELKINS' CLAIMS ONLY UNDER AGREEMENT OF COUNSEL AND FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii). SIGNED BY HONORABLE MARK A. KEARNEY ON 3/22/18. 3/22/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/22/2018)

03/23/2018 1326 MOTION to Substitute Party for Plaintiff Michael Brantmeier filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 682 of 745
ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JOHN HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 683 of 745

MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Declaration, # 2 Exhibit A)(MEEHAN, COLEEN) (Entered: 03/23/2018)

03/23/2018

1327

MOTION to Substitute Party for Plaintiff Robert Killeen filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 684 of 745
ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 685 of 745

MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, RODNEY TABOR, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Declaration, # 2 Exhibit A)(MEEHAN, COLEEN) (Entered: 03/23/2018)

03/26/2018

1328

MOTION for Clarification − Plaintiffs' Motion to Clarify or, Alternatively, Amend the Court's March 9, 2018 Order with Respect to the Service of Non−Cumulative Written Discovery filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, PHILLIP ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 686 of 745
GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JOHN CHERUP, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, BRUCE DENLINGER, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, MARY DIGIULIO, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, MARYALICE DOYLE, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, KAREN EMMERT, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, KENNETH FRANCK, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, ANN W. HARRIS, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, ISABELL HUIE, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ROBERT J. KILLEEN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 687 of 745
ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, WILLIAM LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, LEONARD LICHTY, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, ROBERT MCCARREL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, WILLIAM MCLAUGHLIN, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, GARY NEWSOM, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, LAWRENCE O'HARA, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, WILLIAM QUAIROLI, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, ROBERT REBB, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, CHRIS ROGERS, DAVID ROMAN, GENE R. ROMERO, JOSEPH ROSATI, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, FREDA SANFORD, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, GARY SIGLER, JOHN SIMERLY, MICHAEL SIMERLY, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DEBORAH L. SPEDDING, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, BRADLEY STECKEL, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RODNEY TABOR, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, PAUL TRIMBORN, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 688 of 745

G. VANDEGRIFT, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, EUGENE WELLER, ROBERT WELLER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Text of Proposed Order, # 3 Declaration, # 4 Exhibit 1)(MEEHAN, COLEEN) (Entered: 03/26/2018)

03/27/2018 1329 ORDER THAT UPON CONSIDERING PLAINTIFFS' MOTION TO CLARIFY OR AMEND 1328 , IT IS ORDERED PLAINTIFFS' MOTION IS DENIED, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/27/18.3/27/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/27/2018)

03/28/2018 1330 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 3/28/18. (ti, ) (Entered: 03/28/2018)

03/30/2018

1331

RESPONSE to Motion re 1327 MOTION to Substitute Party for Plaintiff Robert Killeen, 1326 MOTION to Substitute Party for Plaintiff Michael Brantmeier filed by ADMINISTRATIVE COMMITTEE, AGENTS PENSION PLAN, ALLSTATE INSURANCE COMPANY, EDWARD M. LIDDY, THE ALLSTATE CORPORATION. (HEINZ, JORDAN) (Entered: 03/30/2018)

03/30/2018

1332

ORDER THAT PLAINTIFFS' MOTION TO SUBSTITUTE 1326 IS GRANTED WITHOUT OBJECTION SUBJECT TO THE DEFENDANTS' ABILITY TO CHALLENGE KELLY VANSCOYK'S CLAIM FOR RELIEF WHICH, UNDER VARIOUS STATE LAWS, MAY NOT SURVIVE THE DEATH OF MICHAEL BRANTMEIER. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/30/18.3/30/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/30/2018)

03/30/2018

1333

ORDER THAT PLAINTIFFS' MOTION TO SUBSTITUTE 1327 IS GRANTED WITHOUT SUBJECT TO THE DEFENDANTS' ABILITY TO CHALLENGE ELIZABETH H. KILLEEN'S CLAIM FOR RELIEF WHICH, UNDER VARIOUS STATE LAWS, MAY NOT SURVIVE THE DEATH OF ROBERT J. KILEEN. SIGNED BY HONORABLE MARK A. KEARNEY ON 3/30/18.3/30/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 03/30/2018)

04/11/2018

1334

MOTION for Summary Judgment on the State Law Claims (Counts V−VII) of Fourteen Remaining Plaintiffs filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(FOWKES, SCOTT) (Entered: 04/11/2018)

04/11/2018 1335 Statement of Undisputed Facts in Support of Motion for Summary Judgment on the State Law Claims (Counts V−VII) of Fourteen Remaining Plaintiffs by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FOWKES, SCOTT) (Entered: 04/11/2018)

04/12/2018 1336 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 4/12/2018. (amas) (Entered: 04/13/2018)

04/13/2018

1337

JOINT MEMORANDUM STATUS REPORT Joint Status Report Pursuant to Court's March 9, 2018 Order by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 689 of 745
BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 690 of 745
LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 691 of 745

WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO, CERTIFICATE OF SERVICE. (MEEHAN, COLEEN) Modified on 4/16/2018 (afm, ). (Entered: 04/13/2018)

04/16/2018 1338 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held on 4/13/18 with Richard C. Godfrey, Esquire. (ti, ) (Entered: 04/16/2018)

04/16/2018

1339

ORDER THAT PLAINTIFFS SHALL FILE NOTICES OF DISMISSAL UNDER THE CAPTION ABOVE NO LATER THAN 4/20/2018, FOR THE FORTY−FOUR PLAINTIFFS WHO FULLY RESOLVED THEIR CLAIMS AND ALL OTHERS WHO SIMILARLY FINALIZED SETTLEMENT. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/16/18. 4/17/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 04/17/2018)

04/20/2018 1340 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 4/20/18. (ti, ) Modified on 4/20/2018 (lisad, ). (Entered: 04/20/2018)

04/20/2018

1341

NOTICE of Dismissal re 15−3047 by LAWRENCE ANZIVINE, JAMES BANNON, BRUCE BONDS, CHARLES CADY, CHRISTOPHER CHALLENDER, BENNY CHUNN, NICHOLAS COSTANZO, JOSEPH DI BLASI, JOHN DINEEN, JOSEPH ECKERT, CEBIE EDWARDS, WILLIAM FARR, GERALD FLORES, DONALD FRANCHINO, VIRGINIA GANGE, ROBERT GEBLER, PAUL GILLIHAN, JAMES GREGG, DAVID GROSSNICKLAUS, LARRY HALL, RAYMOND HATTAWAY, JACALYN L. HOGAN, JOHN HOGAN, DENNIS KARLAN, DONALD MATTINGLY, DONALD MCCRARY, JAMES MORGAN, JOYCE MORGAN, WILLIAM MURTHA, BRIAN PURTLE, CHARLES RANDAZZO, EDWARD RESNER, DONALD RIGGINS, THOMAS SCHNEIDER, LYNN SOWARD, ARTHUR SPEARS, III, NICHOLAS STAVOLA, BRIEN SULLIVAN, CHRISTOPHER SULLIVAN, ROBERT SUTTER, WILLIAM TARRIER, MICHAEL VALENTE, RUBY WATKINS, GARY WEAVER. Certificate of Service. (VALLI, ROBERT) Modified on 4/23/2018 (lisad, ). (Entered: 04/20/2018)

04/23/2018

1342

ORDER THAT THE STIPULATION 1341 IS APPROVED AND WE DISMISS WITH PREJUDICE ALL CLAIMS OF THE PLAINTIFFS IN THE ATTACHED EXHIBIT A ONLY IN ALL CASES UNDER AGREEMENT OF COUNSEL AND FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(ii). SIGNED BY HONORABLE MARK A. KEARNEY ON 4/23/18. 4/23/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 04/23/2018)

04/25/2018 1343 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via Telephone was held on 4/24/18 with Scott Fowkes, Esquire. (jaa, ) (Entered: 04/25/2018)

04/25/2018 1344 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Coleen Meehan, Esquire on 4/25/18. (ti, ) (Entered: 04/25/2018)

04/25/2018

1345

MEMORANDUM of Law in Opposition re 1334 MOTION for Summary Judgment on the State Law Claims (Counts V−VII) of Fourteen Remaining Plaintiffs filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 692 of 745
FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 693 of 745
MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Plaintiffs' Response to Allstate's Statement of Facts in Support of its Motion for Summary Judgment on the State Law Claims (Counts V−VII) of Fourteen Remaining Plaintiffs, # 2 Proposed Order, # 3 Declaration of Coleen M. Meehan, # 4 Appendix in Response in Opposition to Allstate Defendants' Statement of "Undisputed" Facts in Support of Their Motion for Summary Judgment on the State Law Claims (Counts V−VII) of Fourteen Remaining Plaintiffs, # 5 Exhibit 1, # 6 Exhibit 2, # 7 Exhibit 3, # 8 Exhibit

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 694 of 745

4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8)(MEEHAN, COLEEN) Modified on 4/26/2018 (lisad, ). (Entered: 04/25/2018)

04/26/2018

1346

AMENDED DOCUMENT by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, JANET HAGGERTY, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 695 of 745
HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, JOHN JUNKNIEWITZ, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, GARY SIGLER, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 696 of 745

LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, ATHENA WAGNER, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Amendment to 1345 Response in Opposition to Motion,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Amended Memorandum of Law. (MEEHAN, COLEEN) (Entered: 04/26/2018)

04/30/2018

1347

SUGGESTION OF DEATH Upon the Record as to James Lynch by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 697 of 745
GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 698 of 745

JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 04/30/2018)

05/01/2018

1348

MOTION for Leave to File Instanter a Letter Brief in Excess of Five Pages in Support of Combined Motion to Compel Production of Supplemental Interrogatory Responses and to Determine the Sufficiency of Responses to Requests for Admission filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 699 of 745
R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 700 of 745

ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Certificate of service. (Attachments: # 1 Proposed Order, # 2 Exhibit 1)(MEEHAN, COLEEN) (Entered: 05/01/2018)

05/01/2018

1349

MOTION to Compel Production of Supplemental Interrogatory responses and to Determine the Sufficiency of Responses to Requests for Admission filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 701 of 745
COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, VICTORIA LICHTY, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 702 of 745

05/01/2018

A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Declaration. (Attachments: # 1 Letter Brief, # 2 Proposed Order, # 3 Certification of Counsel, # 4 Declaration of Coleen M. Meehan, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L Part 1 of 3, # 17 Exhibit L Part 2 of 3, # 18 Exhibit L Part 3 of 3, # 19 Exhibit M, # 20 Exhibit O, # 21 Exhibit P, # 22 Exhibit Q, # 23 Exhibit R, # 24 Exhibit S, # 25 Exhibit T, # 26 Exhibit U, # 27 Exhibit V, # 28 Exhibit W, # 29 Exhibit X, # 30 Exhibit Y, # 31 Exhibit Z, # 32 Exhibit AA Part 1 of 2, # 33 Exhibit AA Part 2 of 2, # 34 Exhibit BB, # 35 Exhibit CC, # 36 Exhibit N)(MEEHAN, COLEEN) (Entered: 05/01/2018)
MOTIONS REFERRED: 1349 MOTION to Compel Production of Supplemental Interrogatory responses and to Determine the Sufficiency of Responses to Requests for Admission, 1348 MOTION for Leave to File Instanter a Letter Brief in Excess of Five Pages in Support of Combined Motion to Compel Production of Supplemental Interrogatory Responses and to Determine the Sufficiency of Responses to Requests for Admission Motions referred to MARILYN HEFFLEY. (lisad, ) (Entered: 05/10/2018)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 703 of 745

05/02/2018 1350 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via Telephone was held with Scott Fowkes, Esquire on 5/2/18. (jaa, ) (Entered: 05/02/2018)

05/02/2018

1351

REPLY Memorandum in Support re 1334 MOTION for Summary Judgment on the State Law Claims (Counts V−VII) of Fourteen Remaining Plaintiffs filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (FOWKES, SCOTT) Modified on 5/3/2018 (lisad, ). (Entered: 05/02/2018)

05/04/2018 1352 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire and Mike Leder, Esquire on 5/3/18. (ti, ) (Entered: 05/04/2018)

05/04/2018 1353 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 5/4/18. (ti, ) (Entered: 05/04/2018)

05/07/2018 1354 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference via telephone was held with Scott Fowkes, Esquire on 5/4/18. (ti, ) (Entered: 05/07/2018)

05/07/2018 1355 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 5/7/18. (ti, ) (Entered: 05/08/2018)

05/07/2018 1356 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEYSettlement Conference via telephone was held with Coleen Meehan, Esquire on 5/7/18. (ti, ) (Entered: 05/08/2018)

05/07/2018 1357 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 5/7/18. (ti, ) (Entered: 05/08/2018)

05/07/2018 1358 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 5/7/18. (ti, ) (Entered: 05/08/2018)

05/08/2018 1359 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 5/7/18. (ti, ) (Entered: 05/08/2018)

05/09/2018 1360 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Robert Valli, Esquire on 5/8/18. (ti, ) (Entered: 05/09/2018)

05/09/2018 1361 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held with Richard C. Godfrey, Esquire on 5/9/18. (ti, ) (Entered: 05/09/2018)

05/10/2018 1362 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Robert Valli, Esquire on 5/9/18. (ti, ) (Entered: 05/10/2018)

05/10/2018

1363

MOTION to Substitute Party Elfriede Lynch for Plaintiff James Lynch filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 704 of 745
ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 705 of 745
MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Declaration, # 3 Exhibit 1)(MEEHAN, COLEEN) (Entered: 05/10/2018)
05/10/2018 1364 ORDER GRANTING 1348 MOTION FOR LEAVE TO FILE INSTANTER A LETTER BRIEF IN EXCESS OF FIVE PAGES IN SUPPORT OF MOTION TO COMPEL ALLSTATE TO PROVIDE SUPPLEMENTAL RESPONSES TO

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 706 of 745

INTERROGATORIES AND TO DETERMINE THE SUFFICIENCY OF ALLSTATES RESPONSES TO REQUESTS FOR ADMISSION. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 5/10/18. 5/11/18 ENTERED AND COPIES MAILED, E−MAILED. (va, ) (Entered: 05/11/2018)

05/10/2018 1384 Letter dated 5/1/18 from Coleen Meehan to Judge Heffley, re: Brief in support of Motion to Compel. (va, ) (Entered: 05/17/2018)

05/11/2018

1365

Letter The Honorable Marilyn Heffley to re 1349 MOTION to Compel Production of Supplemental Interrogatory responses and to Determine the Sufficiency of Responses to Requests for Admission filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of J. Heinz, # 2 Exhibit 1 to Declaration of J. Heinz, # 3 Exhibit 2 to Declaration of J. Heinz, # 4 Exhibit 3 to Declaration of J. Heinz, # 5 Exhibit 4 to Declaration of J. Heinz, # 6 Exhibit 5 to Declaration of J. Heinz, # 7 Exhibit 6 to Declaration of J. Heinz, # 8 Exhibit 7 to Declaration of J. Heinz, # 9 Exhibit 8 to Declaration of J. Heinz, # 10 Exhibit 9 to Declaration of J. Heinz, # 11 Exhibit 10 to Declaration of J. Heinz, # 12 Exhibit 11 to Declaration of J. Heinz, # 13 Exhibit 12 to Declaration of J. Heinz, # 14 Exhibit 13 to Declaration of J. Heinz)(HEINZ, JORDAN) Modified on 5/17/2018 (lisad, ). (Entered: 05/11/2018)

05/14/2018 1366 RESPONSE to Motion re 1363 MOTION to Substitute Party Elfriede Lynch for Plaintiff James Lynch filed by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (Entered: 05/14/2018)

05/14/2018

1367

ORDER THAT UPON CONSIDERING PLAINTIFFS' MOTION TO SUBSTITUTE ELFRIEDE LYNCH FOR DECREASED ORIGINAL PLAINTIFF JAMES LYNCH UNDER FED. R. CIV. P. 25(a) 1363 , IT IS ORDERED PLAINTIFFS' MOTION TO SUBSTITUTE IS GRANTED WITHOUT OBJECTION SUBJECT TO THE DEFENDANTS' ABILITY TO CHALLENGE ELFRIEDE LYNCH'S CLAIM FOR RELIEF WHICH, UNDER VARIOUS STATE LAWS, MAY NOT SURVIVE THE DEATH OF JAMES LYNCH. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/14/18.5/14/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/14/2018)

05/14/2018 1368 MOTION for Pro Hac Vice of Jenna Stupar (FEE PAID 5/14/2018) filed by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) Modified on 5/14/2018 (ti, ). (Entered: 05/14/2018)

05/14/2018 1369 MOTION for Pro Hac Vice of Anna Carron (FEE PAID 5/14/2018) filed by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) Modified on 5/14/2018 (ti, ). (Entered: 05/14/2018)

05/14/2018 1370 MOTION for Pro Hac Vice of Benjamin O'Connor (FEE PAID 5/14/2018) filed by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) Modified on 5/14/2018 (ti, ). (Entered: 05/14/2018)

05/14/2018

1371

Joint MOTION for Extension of Time to Complete Discovery /to Amend March 9, 2018 Scheduling Order filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 707 of 745
LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, ELFRIEDE LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 708 of 745

JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, EARL SIEGFRIED, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO.Certificate of Service.(MEEHAN, COLEEN) (Entered: 05/14/2018)

05/14/2018

1372

Joint Memorandum Pursuant to Court's March 9, 2018 Order (Dkt No. 1306) by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 709 of 745
HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 710 of 745
LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, ELFRIEDE LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 711 of 745

CHARLES D. ZYBURO. (MEEHAN, COLEEN) Modified on 5/15/2018 (lisad, ). (Entered: 05/14/2018)

05/14/2018

1373

ORDER THAT UPON CONSIDERING DEFENDANTS' UNOPPOSED MOTIONS (ECF DOC. NOS. 1368 , 1369 AND 1370 ) FOR ADMISSIONS PRO HAC VICE, AND GOOD CAUSE SHOWN CONSISTENT WITH THE LOCAL RULES AND OUR POLICIES, IT IS ORDERED THAT THE MOTIONS ARE GRANTED AND JENNA STUPAR, ESQUIRE, ANNA CARRON, ESQUIRE, AND BENJAMIN O'CONNOR, ESQUIRE ARE ADMITTED TO PRACTICE IN THIS COURT UNDER LOCAL RULE 83.5.2(b). SIGNED BY HONORABLE MARK A. KEARNEY ON 5/14/18.5/15/18 ENTERED AND ECF APPLICATION & COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/15/2018)

05/15/2018

1374

MOTION for Summary Judgment on Remaining Plaintiffs' ADEA Disparate Treatment Claims (Count IV) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support of Motion for Summary Judgment, # 2 Text of Proposed Order)(KATCHEN, KATHERINE) (Entered: 05/15/2018)

05/15/2018

1375

Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment on the Remaining Plaintiffs' ADEA Disparate Treatment Claims (Count IV) by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Appendix of Submitted Exhibits, # 2 Declaration of Nathan J. Oleson, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34)(KATCHEN, KATHERINE) (Entered: 05/15/2018)

05/15/2018

1376

ORDER THAT ON OR BEFORE 5/21/2018, PLAINTIFF SHALL FILE STIPULATIONS OF DISMISSAL FOR KATHARINE ADAMS−LOVE AND JAMES SHUMAKER; ON OR BEFORE 5/29/2018, THE PARTIES SHALL EITHER (a) FILE STIPULATIONS (b) EACH SHOW CAUSE IN A MEMORANDUM; THE JOINT MOTION TO AMEND 1371 IS GRANTED IN PART ONLY TO AMEND: EXPERT DISCOVERY SHALL BE COMPLETED BY 8/10/2018; AND SUMMARY JUDGMENT AND DAUBERT MOTIONS SHALL BE FILED NO LATER THAN 8/17/2018, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/15/18. 5/15/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/15/2018)

05/16/2018 1377 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 5/16/18. (ti, ) (Entered: 05/16/2018)

05/17/2018

1378

STIPULATION of Dismissal as to Plaintiff Elfriede Lynch for the Estate of James Lynch by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 712 of 745
GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, ELFRIEDE LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 713 of 745

MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, WILLIAM SHOVER, JAMES SHUMAKER, EARL SIEGFRIED, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, PHILLIP SINGER, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 05/17/2018)

05/17/2018

1379

AMENDED DOCUMENT by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Amendment to 1375 Statement,,,, Declaration of Nathan J. Oleson in Support of Defendants' Motion for Summary Judgment on the Remaining Plaintiffs' ADEA Disparate Treatment Claims (Count IV). (KATCHEN, KATHERINE) (Entered: 05/17/2018)

05/17/2018 1380 STIPULATION of Dismissal and Propsed Order by JAMES SHUMAKER. (VALLI, ROBERT) (Entered: 05/17/2018)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 714 of 745

05/17/2018

1381

Letter to the Honorable Marilyn Heffley re 1349 MOTION to Compel Production of Supplemental Interrogatory responses and to Determine the Sufficiency of Responses to Requests for Admission , AFFIDAVIT in Support of Pls. Motion to Compel filed by THOMAS ABELL, KATHARINE ADAMS−LOVE, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 715 of 745
LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (Attachments: # 1 Declaration Meehan Decl., # 2 Exhibit Ex. DD, # 3 Exhibit Ex. EE, # 4 Exhibit Ex. FF, # 5 Exhibit Ex. GG, # 6 Exhibit Ex. HH, # 7 Exhibit Ex. II, # 8 Exhibit Ex.. JJ)(ACOSTA, MARISEL) Modified on 5/18/2018 (lisad, ). (Entered: 05/17/2018)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 716 of 745

05/17/2018

1382

ORDER THAT UPON CONSIDERING THE PARTIES' STIPULATION OF DISMISSAL AS TO ELFRIEDE LYNCH FOR THE ESTATE OF JAMES LYNCH'S CLIAMS 1378 , IT IS ORDERED THAT THE STIPULATION IS APPROVED AND WE DISMISS WITH PREJUDICE ALL OF ELFRIEDE LYNCH FOR THE ESTATE OF JAMES LYNCH'S CLAIMS ONLY, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/17/18. 5/17/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/17/2018)

05/17/2018

1383

ORDER THAT UPON CONSIDERING THE PARTIES' NOTICE OF DISMISSAL AS TO JAMES SHUMAKER'S CLAIMS 1380 , IT IS ORDERED THE STIPULATION 1380 IS APPROVED AND WE DISMISS WITH PREJUDICE ALL OF JAMES SHUMAKER'S CLAIMS ONLY, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/17/18. 5/17/18 ENTERED AND COPIES MAILED, E−MAILED. (ti, ) (Entered: 05/17/2018)

05/18/2018 1385 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Scott Fowkes, Esquire on 5/16/18. (ti, ) (Entered: 05/18/2018)

05/18/2018 1386 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Richard C. Godfrey, Esquire on 5/16/18. (ti, ) (Main Document 1386 replaced on 5/18/2018) (ti, ). (Entered: 05/18/2018)

05/18/2018 1387 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Coleen Meehan, Esquire on 5/17/18. (ti, ) (Entered: 05/18/2018)

05/18/2018 1388 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Richard C. Godfrey, Esquire on 5/18/18. (ti, ) (Entered: 05/18/2018)

05/21/2018

1389

ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF SUPPLEMENTAL INTERROGATORY RESPONSES AND TO DETERMINE THE SUFFICIENCY OF RESPONSESTO REQUESTS FOR ADMISSION 1349 , IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 5/21/18.5/21/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/21/2018)

05/21/2018 1390 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 5/21/18. (ti, ) (Entered: 05/21/2018)

05/21/2018 1391 STIPULATION of Dismissal of Claims of Katharine Adams−Love Pursuant to Local Rule 41.1(b) by KATHARINE ADAMS−LOVE. (Attachments: # 1 Text of Proposed Order)(MEEHAN, COLEEN) (Entered: 05/21/2018)

05/22/2018

1392

ORDER THAT UPON CONSIDERING THE PARTIES' STIPULATION AND NOTICE OF DISMISSAL AS TO KATHARINE ADAMS−LOVE'S CLAIMS 1391 , IT IS ORDERED THE STIPULATION 1391 IS APPROVED AND WE DISMISS WITH PREJUDICE ALL KATHARINE ADAMS−LOVE'S CLAIMS ONLY UNDER AGREEMENT OF COUNSEL AND FEDERAL RULE OF CIVIL PROCEDURE 41.1(b). SIGNED BY HONORABLE MARK A. KEARNEY ON 5/22/18. 5/22/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/22/2018)

05/22/2018 1393 MEMORANDUM AND/OR OPINION SIGNED BY HONORABLE MARK A. KEARNEY ON 5/22/18. 5/22/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/22/2018)

05/22/2018 1394 ORDER THAT UPON CONSIDERING DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT 1334 , IT ORDERED DEFENDANTS' MOTION 1334 IS DENIED. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/22/18. 5/22/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/22/2018)

05/22/2018 1395 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 717 of 745

Esquire on 5/22/18. (ti, ) (Entered: 05/22/2018)

05/24/2018 1396 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Richard C. Godfrey, Esquire on 5/24/18. (ti, ) (Entered: 05/24/2018)

05/29/2018 1397 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held with Richard C. Godfrey, Esquire on 5/24/18. (ti, ) (Entered: 05/29/2018)

05/29/2018 1398 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 5/24/18. (ti, ) (Entered: 05/29/2018)

05/29/2018

1399

MEMORANDUM of Law in Opposition re 1374 MOTION for Summary Judgment on Remaining Plaintiffs' ADEA Disparate Treatment Claims (Count IV) filed by THOMAS ABELL, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 718 of 745
GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, ELFRIEDE LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 719 of 745

STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. Certificate of Service. (Attachments: # 1 Text of Proposed Order)(GORBEY, JACQUELINE) Modified on 5/30/2018 (lisad, ). (Entered: 05/29/2018)

05/29/2018

1400

Statement Plaintiffs' Response to the Allstate Defendants' Statement of "Undisputed" Facts in Support of their Motion for Summary Judgment on Plaintiffs' ADEA Disparate Treatment Claims (Count IV) and Plaintiffs' Additional Statement of Facts by THOMAS ABELL, CLYDE WILLARD ALLEN, JUDI ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 720 of 745
EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, PAUL LONG, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, ELFRIEDE LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 721 of 745

J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER. (Attachments: # 1 Declaration of Coleen M. Meehan, # 2 Declaration of Matthew Berman, # 3 Appendix in Opposition to Allstate's MSJ on Plaintiffs' ADEA Disparate Treatment Claims (Count IV), # 4 Exhibit 35, # 5 Exhibit 36, # 6 Exhibit 37, # 7 Exhibit 38, # 8 Exhibit 39, # 9 Exhibit 40, # 10 Exhibit 41, # 11 Exhibit 42, # 12 Exhibit 43, # 13 Exhibit 44, # 14 Exhibit 45, # 15 Exhibit 46, # 16 Exhibit 47, # 17 Exhibit 48, # 18 Exhibit 49, # 19 Exhibit 50, # 20 Exhibit 51, # 21 Exhibit 52, # 22 Exhibit 53, # 23 Exhibit 54, # 24 Exhibit 55, # 25 Exhibit 56, # 26 Exhibit 57, # 27 Exhibit 58, # 28 Exhibit 59, # 29 Exhibit 60, # 30 Exhibit 61, # 31 Exhibit 62, # 32 Exhibit 63, # 33 Exhibit 64, # 34 Exhibit 65, # 35 Exhibit 66, # 36 Exhibit 67, # 37 Exhibit 68, # 38 Exhibit 69, # 39 Exhibit 70, # 40 Exhibit 71, # 41 Exhibit 72, # 42 Exhibit 73, # 43 Exhibit 74, # 44 Exhibit 75, # 45 Exhibit 76, # 46 Exhibit 77, # 47 Exhibit 78, # 48 Exhibit 79, # 49 Exhibit 80, # 50 Exhibit 81, # 51 Exhibit 82, # 52 Exhibit 83, # 53 Exhibit 84, # 54 Exhibit 85, # 55 Exhibit 86, # 56 Exhibit 87, # 57 Exhibit 88, # 58 Exhibit 89, # 59 Exhibit 90, # 60 Exhibit 91, # 61 Exhibit 92, # 62 Exhibit 93, # 63 Exhibit 94, # 64 Exhibit 95, # 65 Exhibit 96, # 66 Exhibit 97, # 67 Exhibit 98, # 68 Exhibit 99, # 69 Exhibit 100, # 70 Exhibit 101, # 71 Exhibit 102, # 72 Exhibit 103, # 73 Exhibit 104, # 74 Exhibit 105, # 75 Exhibit 106, # 76 Exhibit 107, # 77 Exhibit 108, # 78 Exhibit 109, # 79 Exhibit 110, # 80 Exhibit 111, # 81 Exhibit 112, # 82 Exhibit 113, # 83 Exhibit 114, # 84 Exhibit 115, # 85 Exhibit 116, # 86 Exhibit 117, # 87 Exhibit 118, # 88 Exhibit 119, # 89 Exhibit 120, # 90 Exhibit 121, # 91 Exhibit 122, # 92 Exhibit 123, # 93 Exhibit 124, # 94 Exhibit 125, # 95 Exhibit 126, # 96 Exhibit 127, # 97 Exhibit 128, # 98 Exhibit 129−1, # 99 Exhibit 129−2, # 100 Exhibit 129−3, # 101 Exhibit 130, # 102 Exhibit 131, # 103 Exhibit 132, # 104 Exhibit 133, # 105 Exhibit 134, # 106 Exhibit 135, # 107 Exhibit 136, # 108 Exhibit 137, # 109 Exhibit 138, # 110 Exhibit 139, # 111 Exhibit 140, # 112 Exhibit 141, # 113 Exhibit 142, # 114 Exhibit 143, # 115 Exhibit 144, # 116 Exhibit 145, # 117 Exhibit 146, # 118 Exhibit 147, # 119 Exhibit 148, # 120 Exhibit 149, # 121 Exhibit 150, # 122 Exhibit 151, # 123 Exhibit 152, # 124 Exhibit 153)(MEEHAN, COLEEN) (Entered: 05/29/2018)

05/30/2018

1401

SUGGESTION OF DEATH Upon the Record as to Rudolph McClinon by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, LAWRENCE ANZIVINE, BRUCE WILLIAM ASHLEY,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 722 of 745
PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, JAMES BANNON, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, BRUCE BONDS, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, CHARLES CADY, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, CHRISTOPHER CHALLENDER, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, BENNY CHUNN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, NICHOLAS COSTANZO, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, JOSEPH DI BLASI, GAIL DICKMAN, JOHN DINEEN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, JOSEPH ECKERT, MICHAEL ECONOMOS, CEBIE EDWARDS, RONALD R. EDWARDS, EEOC, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, WILLIAM FARR, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, GERALD FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, VIRGINIA GANGE, JODENE GARDNER, ROBERT E. GARY, ROBERT GEBLER, LARRY O. GENTRY, SAMUEL E. GILLETTE, PAUL GILLIHAN, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, JAMES GREGG, LEONARD GREGONLINE, DAVID GROSSNICKLAUS, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, LARRY HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, RAYMOND HATTAWAY, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, JACALYN L. HOGAN, JOHN HOGAN, WILLIAM HOGAN, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, DENNIS KARLAN, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 723 of 745
KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, ELFRIEDE LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, DONALD MATTINGLY, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, DONALD MCCRARY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, JAMES MORGAN, JOYCE MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, WILLIAM MURTHA, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, CHARLES RANDAZZO, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, EDWARD RESNER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DONALD RIGGINS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, THOMAS SCHNEIDER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, JAMES SHUMAKER, EARL SIEGFRIED, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, LYNN SOWARD, ARTHUR SPEARS, III, DAVID ST. JOHN, SARAH ST. JOHN, NICHOLAS STAVOLA, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, BRIEN SULLIVAN, CELESTE M. SULLIVAN, CHRISTOPHER SULLIVAN, KURT A. SUMMERS, ROBERT SUTTER, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WILLIAM TARRIER, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, MICHAEL VALENTE, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, RUBY WATKINS, TIMOTHY JACKSON WATWOOD, GARY WEAVER, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 724 of 745

SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (MEEHAN, COLEEN) (Entered: 05/30/2018)

05/30/2018

1402

NOTICE of Voluntary Dismissal by THOMAS ABELL, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN, WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, ERIC A. FORD, JOHN R. FORREST, ROBERT FRANZ, BOSS ROBERT FRIES, III, JODENE GARDNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD C. HARRISON, JR, CATHERINE HAUGEN, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, THOMAS A. KEARNEY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, BRUCE LARRABEE, JENNIFER LATHAM, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 725 of 745

MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, DAVID NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, DANIEL T. PERRY, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO (Attachments: # 1 Exhibit A)(ACOSTA, MARISEL) (Entered: 05/30/2018)

05/30/2018 1403 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 5/30/18. (ti, ) (Entered: 05/31/2018)

05/30/2018 1404 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 5/30/18. (ti, ) (Entered: 05/31/2018)

05/31/2018

1405

ORDER THAT UPON CONSIDERING THE DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE REMAINING ADEA DISPARTE TREATMENT CLAIMS (COUNT IV) 1374 , IT IS ORDERED THE DEFENDANTS' RENEWED MOTION FOR PARTIAL SUMMARY JUDGMENT 1374 IS DENIED WITHOUT PREJUDICE TO BE RENEWED WHEN THE TRIAL COURT ADDRESS THE REMAINING INDIVIDUAL CLAIMS BROUGHT BY

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 726 of 745

PERSONS FROM OUTSIDE THIS COMMONWEALTH AGAINST AN ILLINOIS CITIZEN. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/31/18.5/31/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/31/2018)

05/31/2018 1406 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 5/31/18. (ti, ) (Entered: 05/31/2018)

05/31/2018 1407 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 5/31/18. (ti, ) (Entered: 05/31/2018)

05/31/2018

1408

ORDER THAT UPON CONSIDERING PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL 1402 , IT IS ORDERED ALL CLAIMS OF THE PLAINTIFFS IDENTIFIED IN THE ATTACHED EXHIBIT A, AND ONLY THEIR CLAIMS, ARE TODAY DISMISSED UNDER AGREEMENT OF COUNSEL AND LOCAL RULE OF CIVIL PROCEDURE 41.1(b). NOTHING IN THIS ORDER AFFECTS THE REMAINING 28 PLAINTIFFS. SIGNED BY HONORABLE MARK A. KEARNEY ON 5/31/18. 5/31/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 05/31/2018)

06/01/2018 1409 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 5/31/18. (ti, ) (Entered: 06/01/2018)

06/01/2018 1410 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference via telephone was held with Coleen Meehan, Esquire on 5/31/18. (ti, ) (Entered: 06/01/2018)

06/04/2018 1411 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 6/1/18. (ti, ) (Entered: 06/04/2018)

06/05/2018 1412 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference via telephone was held with Coleen Meehan, Esquire on 6/5/18. (ti, ) Modified on 6/5/2018 (ti, ). (Entered: 06/05/2018)

06/05/2018 1413 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 6/5/18. (ti, ) (Entered: 06/05/2018)

06/05/2018 1414 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 6/5/18. (ti, ) (Entered: 06/05/2018)

06/06/2018 1415 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 6/6/18. (ti, ) (Entered: 06/06/2018)

06/08/2018

1416

MOTION to Substitute Party Elissa Diaz−McClinon for Rudolph McClinon filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JOHN DAVENPORT, RONALD W. HARPER, JOHN HLOHINEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, SYLVIA E. MOSLEY, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, GENE R. ROMERO, KAREN RYAN−WHITE, RALPH J. WOLVERTON.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MEEHAN, COLEEN) (Entered: 06/08/2018)

06/11/2018 1417 RESPONSE to Motion re 1416 MOTION to Substitute Party Elissa Diaz−McClinon for Rudolph McClinon filed by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (Entered: 06/11/2018)

06/11/2018

1418

ORDER THAT PLAINTIFFS' MOTION TO SUBSTITUTE 1416 IS GRANTED WITHOUT OBJECTION SUBJECT TO THE DEFENDANTS' ABILITY TO CHALLENGE ELISSA DIAZ−MCCLINON'S CLIAM FOR RELIEF WHICH, UNDER VARIOUS STATE LAWS, MAY NOT SURVIVE THE DEATH OF RUDOLPH MCCLINTON. SIGNED BY HONORABLE MARK A. KEARNEY ON

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 727 of 745

6/11/18.6/11/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 06/11/2018)

06/12/2018

1419

Amended MOTION to Substitute Party Farris S. Garner for Richard Earl filed by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JOHN DAVENPORT, SHERRY EARL, RONALD W. HARPER, JOHN HLOHINEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, SYLVIA E. MOSLEY, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, GENE R. ROMERO, KAREN RYAN−WHITE, RALPH J. WOLVERTON.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MEEHAN, COLEEN) (Entered: 06/12/2018)

06/12/2018 1420 NOTICE of Withdrawal of Appearance by PETER A. BELLACOSA on behalf of ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION(BELLACOSA, PETER) (Entered: 06/12/2018)

06/12/2018

1421

RESPONSE to Motion re 1419 Amended MOTION to Substitute Party Farris S. Garner for Richard Earl filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION, EDWARD M. LIDDY, AGENTS PENSION PLAN, ADMINISTRATIVE COMMITTEE. Certificate of Service. (KATCHEN, KATHERINE) Modified on 6/13/2018 (lisad, ). (Entered: 06/12/2018)

06/12/2018 1422 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 6/8/18. (jaa, ) (Entered: 06/12/2018)

06/12/2018 1423 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey on 6/11/18. (jaa, ) (Entered: 06/12/2018)

06/12/2018 1424 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 6/11/18. (jaa, ) (Entered: 06/12/2018)

06/12/2018 1425 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 6/11/18. (jaa, ) (Entered: 06/12/2018)

06/12/2018

1426

ORDERED THAT PLAINTIFFS' AMENDED MOTION TO SUBSTITUTE IS GRANTED WITHOUT OBJECTION SUBJECT TO THE DEFENDANTS' ABILITY TO CHALLENGE FARRIS S. GARNER'S CLAIM FOR RELIEF WHICH, UNDER VARIOUS STATE LAWS, MAY NOT SURVIVE THE DEATH OF RICHARD EARL. SIGNED BY HONORABLE MARK A. KEARNEY ON 6/12/18.6/13/18 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) (Entered: 06/13/2018)

06/13/2018 1427 NOTICE of Voluntary Dismissal by PAUL R. COBB, ELISSA DIAZ−MCCLINON, FARRIS S. GARNER, TIMOTHY WEISMAN (Attachments: # 1 Exhibit A)(ACOSTA, MARISEL) (Entered: 06/13/2018)

06/13/2018

1428

STATUS REPORT Joint Status Report pursuant to Court Order by THOMAS ABELL, KATHARINE ADAMS−LOVE, JOHN P. AELLEN, III, CLYDE WILLARD ALLEN, JOSEPH ALLEY, THOMAS PAUL ALLISON, RICHARD G. ALTIERI, ANDREW ALAN ANDERSON, CARL ANGELL, DANIEL ANULARE, LINDA A. ANULARE, JAMES ARCHER, BRUCE WILLIAM ASHLEY, PATRICIA AURAND, RICHARD AURAND, MAXINE BACHICHA, HAROLD E. BAKER, ROBERT G. BARZELAY, GARY L. BAUMGARDNER, JAMES A. BEARD, DEBORAH BECKER, RICHARD C. BENNETT, JOSEPH L. BENOIT, COLIN T. BENT, VERNON BENTLEY, HAROLD D. BERNSTEIN, HAROLD D. BERNSTEIN(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SANDI BERNSTEIN), MONTELL BERRY, WALLACE BERRY, LINDA BEUCHER, JAMES T. BEVER, STANLEY R. BINDER, CRAIG A. BOCK, GARY L. BOCK, DAVID P. BOHAN, ROLAND BOISIS, JANICE BOND, DWIGHT CHARLES BONDY, ROBERT F. BORTELL, JR, DANIEL BOSSIO, ROGER BOYD, JAMES L. BRACHFELD, EUGENE BRANDON, JAY BROKER, NEAL SWANK BROOKS, FAYE D. BROWN, LESTER BROWN, SR, RICHARD A. BROWN,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 728 of 745
WILLIAM L. BROWN, JR, RICHARD A. BROWNSON, CHARLES R. BURNS, III, THOMAS C. BUSHEY, DAVE BUSSELL, GARY CALLAWAY, GEORGIANA CALLAWAY, ALBERT J. CANNIZZARO, LAWRENCE J. CAPOUCH, RICHARD A. CARRIER, RICHARD CARTER, VICTOR M. CATARISANO, PORTIA M. CHAMBLISS, MARK D. CHASE, AMY CHERRNAY, JIMMY C. CHIN, DON C. CHRISTENSEN, JAMES CIRILLO, SHARON CIRILLO, BRUCE W. CLOTFELTER, IRA CLOUD, MILTON COBB, PAUL R. COBB, MARK C. COLLIER, WANDA COLLINS−SMITH, JOSEPH P. CONBOY, RICHARD F. COOK, JANET COOLEY, JAMES CORNETT, WILLIAM COTTON, BRUCE R. CRALLEY, JACK J. CRAPARO, JR, CRAIG K. CREASE, SYLVIA CREWS−KELLY, JAY CRYSTAL, JAY CRYSTAL(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF DIANE CRYSTAL), LONNIE MICHAEL CURTIS, BRENT L. DANNER, JOHN DARWISH, HAROLD E. DASKAM, JOHN DAVENPORT, LESLIE K. DAVIDSON, ZACHARIAH M. DAVIDSON, III, MICHAEL L. DAVIS, MARGARET DEAN, STEPHEN W. DELLAPINA, ERNEST JACK DEMONTE, JAMES DEPIZZO, MARY ANN DEPIZZO, JOHN ANTHONY DEVITO, ELISSA DIAZ−MCCLINON, GAIL DICKMAN, MARK L. DIVINCENZO, MICHAEL DOHENY, JEFFREY M. DOMBECK, TERRANCE DONOGHUE, VALERY DORSHIMER, JOYCE DOUGLAS, RUFUS C. DOWELL, SUSAN DRAPEAU, RICHARD DROE, GEORGE F. DRUMMOND, WALTER J. DUBIEL, THOMAS R. DURAN, DENNIS R. DYKE, LARRY R. DYKSTRA, RICHARD MORRISON EARL, JR, SHERRY EARL, RONALD F. EATON, MICHAEL ECONOMOS, RONALD R. EDWARDS, RICHARD EIRICH, ROSLYN EISENSTARK, BRUCE ENGERT, A. BURTON ENGLISH, DWIGHT ENGLISH, JANE ESCHRICH−WALSH, BILLY B. ESTES, STEVEN EVANS, SANDY K. FABRICATORE, JOSEPH FALCONI, III, CHRISTIAN G. FARLEY, SHEILA FARMER, CURTIS FARRAR, RALPH V. FAULK, PHILIP DEAN FEISAL, CARL E. FIELDER, DORIS FIELDS, LARRY D. FINLEY, WILLIAM FLOOD, GERALD L. FLORES, ERIC A. FORD, JOHN R. FORREST, ALLEN F. FOSTER, DONALD FRANCHINO, ROBERT FRANZ, BOSS ROBERT FRIES, III, DOUGLAS F. GAFNER, JODENE GARDNER, FARRIS S. GARNER, ROBERT E. GARY, LARRY O. GENTRY, SAMUEL E. GILLETTE, GARY GOELZ, MARIAN GOELZ, RANDOLPH GOODWIN, JR, JAMES A. GRADY, WILLIAM D. GREENE, LEONARD GREGONLINE, SANDRA GUTHRIE, GERALD GUTZEIT, FRANKLIN P. HALL, BRENDA C. HAMMOND, LORETTA CAUSEY HANNON, FRANCIS HANRATTY, JAN HANSON, CHRIS HARDESTY, RONALD W. HARPER, RONALD C. HARRISON, JR, CATHERINE HAUGEN, THOMAS HAWKINS, JOHN W. HEASLEY, CONI HEIDLE, DARLENE HEINEN, ROBERT HELSEL, JAMES LOUIS HEMPHILL, GAIL ROGERS HIBBLER, LARRY W. HICE, DANNY HIGDON, PATRICIA A. HILL, RICHARD D. HILL, JAMES HILLAN, LEANNE HINKLE, JOHN HLOHINEC, JIMMY D. HOCK, CHARMAIN A. HORVATH, DAN P. HOURIHANE, STEVE HOWELL, GEORGE HUYE, JOHN IAPOCE, SANDRA INMAN, CHARLES S. JACKSON, RICK JAHNS, ROBERT JAYSON, LELAND JELINEK, KAREN JUNEMAN, DAVID N. KAPEC, MICHAEL P. KEARNEY, THOMAS A. KEARNEY, SYLVIA KELLY, KATHLEEN KENNEY, ELIZABETH H. KILLEEN, ROBERT J. KILLEEN, ROBERT E. KIMBLE, THOMAS KROHNER, MARIA KRUMM, AMOS KUYKENDOLL, WILLIAM LANDMARK, GREGORY LANE, LARRY H. LANKFORD, SR, BRUCE LARRABEE, JENNIFER LATHAM, DAVID C. LAWSON, CAROL E. LEBLANC, JOSEPH LEE, SHARON E. LIBBRA, TERRY GENE LIBBRA, JANET LINDSAY, NATHAN R. LITTLEJOHN, II, JAMES W. LONGMAN, JOHN LUCAS, JAMES E. LYNCH, ELFRIEDE LYNCH, MICHAEL MACISCO, JOHN MALEK, JOHN MALLORY, STEVEN MALLORY, PATRICIA MARAZO, NICHOLAS S. MARINOS, EUGENE MARONEY, JOHN MARSH, RICHARD MASI, REBECCA R. MASLOWSKI, GLEN MASON, SCOTT A. MATTINGLY, THOMAS W. MATYJASIK, THOMAS MCCALL, RUDOLPH MCCLINON, JR, CASEY MCCOY, SHERRY MCDONALD, THOMAS MCEVANS, III, JAMES P. MCGUIRE, JOHN F. MCKENZIE, ANTHONY MCMURRAY, PETER S. MCVITTIE, JERREL L. MEAD, MARY MENDOZA, ORTON W. MESSENGER, SUSAN E. MESSINA, PHILLIP N. METCALFE, RONALD METZGER, PAMELA MEYER, ARTHUR R. MILES, JR, FRANK E. MILLER, JR, JAMES T. MILLER, WARREN MILLER, CRAIG A. MILLISON, JEAN MINAL, FRIEDA MINGA, BARBARA ANN MINK, ROBERT MINTON, JOE MONTANARO, RICHARD

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 729 of 745

MOORE, STAFFORD W. MOORE, JAMES E. MOOREHEAD, MICHELLE MORABITO, DINAH MORGAN, SYLVIA E. MOSLEY, D. CRAIG MULLEN, KELLY PATRICK MULLIGAN, DARRELL NAMIE, DAVID NEWMAN, HERBERT A. NEWMAN, CHESTER NOWAK, RICHARD PAUL NYDEGGER, IAN O'CONNOR, THOMAS A. O'DELL, WALTER ORR, JIM OVERMILLER, BARBARA OXNER, MARTHA PARRY, FRANK M. PATTERSON, TERRY PAULK, CAROLYN L. PENZO, CHRISTOPHER L. PERKINS, DANIEL T. PERRY, RICHARD E. PETERSON, KEN PHILBRICK, FRANK L. PHILLIPS, STEPHEN WAYNE PIGG, JAMES P. PILCHAK, MARY JANE PILCHAK, CLIFFORD L. PINCKNEY, RITA E. PINO, RONALD M. PINSONEAULT, JOHNNY A. PLEMONS, ROBERT POLLOCK, DENNIS H. PORTER, DENNIS POWERS, BRIAN PURTLE, BLAIR QUASNITSCHKA, PAUL QUATTRONE, MARZIANO P. RAGNONE, JAMES RAUEN, DONALD P. REIMER, PAULA REINERIO, MARIA G. RESNICK, LINDA REYNOLDS, STAN RICKS, DICK ROBERTS, THOMAS ROBY, DAVID ROMAN, GENE R. ROMERO, LLOYD T. ROSENSTEEL, RICHARD K. ROSKOWE, RICHARD ROSSELL, RONALD J. RUBIN, ROBERT RUSSO, KAREN RYAN−WHITE, EDWARD M. SAAD, JOHN J. SANCHEZ, JACK SANDERS, MICHAEL L. SANDERS, SHEILA SANDERS, GAIL C. SANTALUCIA−DALY, PHILIP J. SARCONE, RICHARD SAULLE, MARCOS E. SAYAGO, GERALD H. SCHIELE, DOUGLAS SCHIFFMILLER, PAULA SCHOTT, TIMOTHY L. SCHWARTZ, DAVID L. SEIDEL, ROGER SEROLA, LEONARD SHAW, ROBERT G. SHEA, JR, SHELDON F. SHEFF, WOODROW SHELTON, JR, DARRYL SHERMAN, PAUL L. SHIRLEY, MIKE SHOBE, LAWRENCE J. SIMMS, DOUGLAS A. SIMS, ERIC B. SIMS, CHINESTA SKIPPER SMITH, DENNIS Z. SMITH, KIMBERLY SMITH, MARIE SMITH, RONALD W. SMITH, ARMANDO D. SOLER, DEBORAH ANN SORRELL−ULRICH, DAVID ST. JOHN, SARAH ST. JOHN, EUGENIA ANNINO STEGER, THOMAS STEIN, MICHAEL M. STERN, CAROL STEVENS, JOHN STOUT, DONALD STRIPLIN, CELESTE M. SULLIVAN, KURT A. SUMMERS, STANLEY SUWALA, PAUL SVABEK, EDWARD SWANSON, MARILYN SWANSON, MICHELLE TABLER, RUSSELL A. TAPIE, WANDA TATUM, CHARLES TAYLOR, WRIGHT B. TAYLOR, III, ROBERT W. TELKINS, STEPHEN THOENNES, GARY THOMAS, MONTAGUE A. THOMAS, III, JEFFREY TOBIN, JOSEPH TOMEC, DONALD L. TRGOVICH, MARY TURLEY, ALBERT TURNER, DAVID J. TUSKEY, GEORGE F. TWOHIG, SUZANNE TWOHIG, CORNELL G. VANDEGRIFT, KELLY VANSCOYK, MILFORD T. VAUGHT, JR, LOUIS VEAL, DALE A. VILLEMAIN, CLETA VINING, JOSEPH S. VIOLA, JR, RICHARD S. WANDNER, RONALD WANEK, BRIAN J. WANLESS, ARTHUR WASHINGTON, TIMOTHY JACKSON WATWOOD, MARK E. WEGNER, TIMOTHY WEISMAN, FINDLEY WEST, NEIL WHICKER, ANTHONY T. WIKTOR, CHARLES L. WILLIAMS, RODNEY W. WILLIAMS, SR, WALKER WILLIAMS, BARRY WILSON, ROBIN WILSON, FRANCES WISNIEWSKI, JOHN W. WITTMAN, GAIL WOLFE, RALPH J. WOLVERTON, JAMES MICHAEL WOOD, LINDA WOSHNER, BARBARA D. WRIGHT, ROBERT A. WRIGHT, JR, LEONARD YARBROUGH, DONALD YOUNG, JAMES M. ZAHNER, RONALD D. ZARBAUGH, ROSE ZUMWINKLE, MANUEL ZUNIGA, CHARLES D. ZYBURO. (ACOSTA, MARISEL) (Entered: 06/13/2018)

06/14/2018

1429

ORDERED THAT ALL CLAIMS OF THE PLAINTIFFS IDENTIFIED IN THE ATTACHED EXHIBIT A. AND ONLY THEIR CLAIMS, ARE TODAY DISMISSED UNDER AGREEMENT OF COUNSEL AND LOCAL RULE OF CIVIL PROCEDURE 41.1(B). SIGNED BY HONORABLE MARK A. KEARNEY ON 6/14/18. 6/14/18 ENTERED AND COPIES MAILED AND EMAILED TO COUNSEL.(jaa, ) Modified on 6/14/2018 (jaa, ). (Entered: 06/14/2018)

06/15/2018 1432 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY. Second Settlement Conference via telephone held on 6/14/18. (va, ) (Entered: 06/20/2018)

06/18/2018 1430 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 6/18/18. (ti, ) (Entered: 06/18/2018)

06/19/2018 1431 NOTICE of Appearance by LILY GREER BECKER on behalf of JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, CRAIG K. CREASE,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 730 of 745
SYLVIA CREWS−KELLY, JOHN DAVENPORT, RONALD W. HARPER, JOHN HLOHINEC, MICHAEL P. KEARNEY, DAVID C. LAWSON, SYLVIA E. MOSLEY, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, GENE R. ROMERO, KAREN RYAN−WHITE, RALPH J. WOLVERTON with Certificate of Service(BECKER, LILY) (Entered: 06/19/2018)
06/21/2018 1433 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 6/21/18. (ti, ) (Entered: 06/22/2018)
06/22/2018 1434 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Matthew Berman, Esquire on 6/21/18. (ti, ) (Entered: 06/22/2018)
06/22/2018 1435 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Matthew Berman, Esquire on 6/22/18. (ti, ) (Entered: 06/22/2018)
06/22/2018 1436 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Esquire on 6/22/18. (ti, ) (Entered: 06/22/2018)
06/22/2018 1437 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 6/22/18. (ti, ) (Entered: 06/22/2018)
06/22/2018 1438 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference via telephone was held with Coleen Meehan, Esquire on 6/22/18. (ti, ) (Entered: 06/22/2018)
06/26/2018 1439 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Coleen Meehan, Esquire on 6/25/18. (ti, ) (Entered: 06/27/2018)
06/26/2018 1440 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference via telephone was held with Coleen Meehan, Esquire on 6/25/18. (ti, ) (Entered: 06/27/2018)
06/26/2018 1441 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Richard C. Godfrey, Esquire on 6/25/18. (ti, ) (Entered: 06/27/2018)
06/27/2018 1442 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Richard C. Godfrey, Esquire on 6/26/18. (ti, ) (Entered: 06/27/2018)
06/27/2018 1443 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held with Richard C. Godfrey, Esquire on 6/26/18. (ti, ) (Entered: 06/27/2018)
06/27/2018 1444 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Third Settlement Conference was held with Richard C. Godfrey, Esquire on 6/26/18. (ti, ) (Entered: 06/27/2018)
06/27/2018 1445 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Coleen Meehan, Esquire on 6/26/18. (ti, ) (Entered: 06/27/2018)
06/27/2018 1446 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held via telephone with Coleen Meehan, Esquire on 6/26/18. (ti, ) (Entered: 06/27/2018)
06/27/2018 1447 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Third Settlement Conference was held via telephone with Coleen Meehan, Esquire on 6/26/18. (ti, ) (Entered: 06/27/2018)
06/27/2018 1448 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Coleen Meehan, Esquire on 6/27/18. (ti, ) (Entered: 06/27/2018)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 731 of 745

06/27/2018 1449 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Richard C. Godfrey, Esquire on 6/27/18. (ti, ) (Entered: 06/27/2018)

06/27/2018

1450

MOTION for Protective Order filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Brief, Declaration, Certificate of Service. (Attachments: # 1 Brief in Support, # 2 Declaration of E. Zolner, # 3 Exhibit 1 to Declaration of E. Zolner, # 4 Exhibit 2 to Declaration of E. Zolner, # 5 Exhibit 3 to Declaration of E. Zolner, # 6 Exhibit 4 to Declaration of E. Zolner, # 7 Exhibit 5 to Declaration of E. Zolner, # 8 Exhibit 6 to Declaration of E. Zolner, # 9 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 06/27/2018)

06/27/2018

MOTIONS REFERRED: 1450 MOTION for Protective Order Motions referred to MARILYN HEFFLEY per Standing Order. (lisad, ) (Entered: 06/28/2018)

06/27/2018 1451 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held with Coleen Meehan, Esquire via telephone on 6/27/18. (ti, ) (Entered: 06/28/2018)

06/27/2018 1452 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held with Richard C. Godfrey, Esquire via telephone on 6/27/18. (ti, ) (Entered: 06/28/2018)

06/28/2018 1453 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Third Settlement Conference was held with Richard C. Godfrey, Esquire via telephone on 6/27/18. (ti, ) (Entered: 06/28/2018)

06/28/2018 1454 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Third Settlement Conference was held with Coleen Meehan, Esquire via telephone on 6/27/18. (ti, ) (Entered: 06/28/2018)

06/29/2018 1455 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Fourth Settlement Conference was held with Coleen Meehan, Esquire via telephone on 6/27/18. (ti, ) (Entered: 06/29/2018)

06/29/2018 1456 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Fourth Settlement Conference was held with Richard C. Godfrey, Esquire via telephone on 6/27/18. (ti, ) (Entered: 06/29/2018)

06/29/2018 1457 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Coleen Meehan, Esquire via telephone on 6/28/18. (ti, ) (Entered: 06/29/2018)

06/29/2018 1458 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Richard C. Godfrey, Esquire via telephone on 6/28/18. (ti, ) (Entered: 06/29/2018)

06/29/2018 1459 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held with Coleen Meehan, Esquire via telephone on 6/28/18. (ti, ) (Entered: 06/29/2018)

07/03/2018 1460 NOTICE by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION re 1450 MOTION for Protective Order Supplemental Letter Brief in Support (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1 to Declaration of E. Zolner)(ZOLNER, ERICA) (Entered: 07/03/2018)

07/05/2018

1461

NOTICE by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION re 1460 Notice (Other), Letter to the Honorable Marilyn Heffley withdrawing the Supplemental Letter Brief in Support of Motion for a Protective Order (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1 to Declaration of E. Zolner)(ZOLNER, ERICA) (Entered: 07/05/2018)

07/09/2018

1462

MOTION for Leave to File Instanter a Letter Brief in Excess of Five Pages in Opposition to Allstate's Motion for Protective Order (Dkt. No. 1450) filed by JOSEPH L. BENOIT, JAMES T. BEVER, CRAIG K. CREASE, JOHN DAVENPORT, RONALD W. HARPER, JOHN HLOHINEC, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, SYLVIA E. MOSLEY, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, GENE R. ROMERO, KAREN RYAN−WHITE, RALPH J. WOLVERTON.Declaration.

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 732 of 745

(Attachments: # 1 Exhibit A − Letter Brief, # 2 Declaration of Coleen M. Meehan, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Proposed Order)(MEEHAN, COLEEN) (Entered: 07/09/2018)

07/09/2018

MOTIONS REFERRED: 1462 MOTION for Leave to File Instanter a Letter Brief in Excess of Five Pages in Opposition to Allstate's Motion for Protective Order (Dkt. No. 1450) Motions referred to MARILYN HEFFLEY. (lisad, ) (Entered: 07/09/2018)

07/09/2018 1463 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Coleen Meehan, Esquire on 7/5/18. (ti, ) (Entered: 07/09/2018)

07/09/2018 1464 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Richard C. Godfrey, Esquire on 7/5/18. (ti, ) (Entered: 07/09/2018)

07/10/2018 1465 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Coleen Meehan, Esquire on 7/9/18. (ti, ) (Entered: 07/10/2018)

07/10/2018 1466 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Coleen Meehan, Esquire on 7/10/18. (ti, ) (Entered: 07/11/2018)

07/10/2018 1467 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held via telephone with Coleen Meehan, Esquire on 7/10/18 (ti, ) (Entered: 07/11/2018)

07/10/2018 1468 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Third Settlement Conference was held via telephone with Coleen Meehan, Esquire on 7/10/18. (ti, ) (Entered: 07/11/2018)

07/10/2018 1469 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Richard C. Godfrey, Esquire on 7/10/18 (ti, ) (Entered: 07/11/2018)

07/10/2018 1470 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held via telephone with Richard C. Godfrey, Esquire on 7/10/18. (ti, ) (Entered: 07/11/2018)

07/11/2018

1471

Letter to The Honorable Marilyn Heffley re 1450 MOTION for Protective Order filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1 to Declaration of E. Zolner, # 3 Exhibit 2 to Declaration of E. Zolner, # 4 Exhibit 3 to Declaration of E. Zolner, # 5 Exhibit 4 to Declaration of E. Zolner, # 6 Exhibit 5 to Declaration of E. Zolner)(ZOLNER, ERICA) Modified on 7/12/2018 (lisad, ). (Entered: 07/11/2018)

07/11/2018 1472 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held via telephone with Coleen Meehan, Esquire on 7/11/18. (ti, ) (Entered: 07/11/2018)

07/11/2018 1473 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference held via telephone with Coleen Meehan, Esquire on 7/11/18. (ti, ) (Entered: 07/11/2018)

07/11/2018 1474 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held via telephone with Richard C. Godfrey, Esquire on 7/11/18. (ti, ) (Entered: 07/11/2018)

07/12/2018 1475 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Third Settlement Conference via telephone was held with Coleen Meehan, Esquire on 7/11/18. (ti, ) (Entered: 07/12/2018)

07/12/2018 1476 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Richard C. Godfrey, Esquire on 7/12/18. (ti, ) (Entered: 07/12/2018)

07/12/2018 1477 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Coleen Meehan,

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 733 of 745

Esquire on 7/12/18. (ti, ) (Entered: 07/12/2018)

07/12/2018

1478

MOTION for Leave to File Instanter A Sur−reply In Opposition To Allstate's Motion For Protective Order filed by JOSEPH L. BENOIT, JAMES T. BEVER, CRAIG K. CREASE, JOHN DAVENPORT, RONALD W. HARPER, JOHN HLOHINEC, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, SYLVIA E. MOSLEY, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, GENE R. ROMERO, KAREN RYAN−WHITE, RALPH J. WOLVERTON.Brief, Certificate of service. (Attachments: # 1 Exhibit A − Letter Brief)(MEEHAN, COLEEN) (Entered: 07/12/2018)

07/12/2018

MOTIONS REFERRED: 1478 MOTION for Leave to File Instanter A Sur−reply In Opposition To Allstate's Motion For Protective Order Motions referred to MARILYN HEFFLEY. (lisad, ) (Entered: 07/13/2018)

07/13/2018

1479

ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION FOR LEAVE TO FILE INSTANTER A SUR−REPLY IN OPPOSITION TO DEFENDANTS' MOTION FOR PROTECTIVE ORDER 1478 , IT IS HEREBY ORDERED THAT THE MOTION IS GRANTED. THE CLERK OF COURT SHALL ACCEPT EXHIBIT A TO THE MOTION FOR FILING. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 7/13/18.7/13/18 ENTERED AND COPIES MAILED, E−MAILED.(ti, ) (Entered: 07/13/2018)

07/13/2018

1480

SUR−REPLY in Opposition to Allstate's 1450 MOTION for Protective Order filed by JOSEPH L. BENOIT, JAMES T. BEVER, CRAIG K. CREASE, JOHN DAVENPORT, RONALD W. HARPER, JOHN HLOHINEC, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, SYLVIA E. MOSLEY, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, GENE R. ROMERO, KAREN RYAN−WHITE, RALPH J. WOLVERTON. (ti, ) (Main Document 1480 replaced on 7/13/2018) (ti, ). (Entered: 07/13/2018)

07/13/2018

1481

STATUS REPORT Joint Status Report by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, CRAIG K. CREASE, JOHN DAVENPORT, LEONARD GREGONLINE, RONALD W. HARPER, THOMAS HAWKINS, JOHN HLOHINEC, MICHAEL P. KEARNEY, SYLVIA KELLY, LARRY H. LANKFORD, SR, DAVID C. LAWSON, SYLVIA E. MOSLEY, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, GENE R. ROMERO, KAREN RYAN−WHITE, RALPH J. WOLVERTON. (ACOSTA, MARISEL) (Entered: 07/13/2018)

07/13/2018 1482 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference via telephone was held with Richard C. Godfrey, Equire on 7/13/18. (ti, ) (Entered: 07/16/2018)

07/13/2018 1483 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Fourth Settlement Conference via telephone was held with Coleen Meehan, Equire on 7/13/18. (ti, ) (Entered: 07/16/2018)

07/13/2018 1484 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Equire on 7/13/18. (ti, ) (Entered: 07/16/2018)

07/13/2018 1485 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference via telephone was held with Coleen Meehan, Equire on 7/13/18. (ti, ) (Entered: 07/16/2018)

07/13/2018 1486 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEYThird Settlement Conference via telephone was held with Coleen Meehan, Equire on 7/13/18. (ti, ) (Entered: 07/16/2018)

07/13/2018 1487 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Richard C. Godfrey, Equire on 7/13/18. (ti, ) (Entered: 07/16/2018)

07/16/2018 1488 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone was held with Coleen Meehan, Esquire on 7/16/18. (ti, ) (Entered: 07/16/2018)

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07/18/2018 1489 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Coleen Meehan, Esquire on 7/17/18. (ti, ) (Entered: 07/18/2018)

07/24/2018 1490 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 7/24/18. (ti, ) (Entered: 07/24/2018)

07/25/2018 1491 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 7/25/18. (ti, ) (Entered: 07/25/2018)

07/25/2018 1492 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 7/25/18. (ti, ) (Entered: 07/25/2018)

07/26/2018

1493

MOTION to Compel Allstate's Deposition Testimony, MOTION for Extension of Time to Complete Discovery via Plaintiffs' Deposition of Allstate Pursuant to Fed. R. Civ. P. 30(b)(6) filed by JOSEPH L. BENOIT, JAMES T. BEVER, CRAIG K. CREASE, JOHN DAVENPORT, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, KAREN RYAN−WHITE, RALPH J. WOLVERTON.Brief. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Brief Letter Brief, # 3 Declaration Meehan Decl., # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D)(ACOSTA, MARISEL) (Entered: 07/26/2018)

07/26/2018

MOTIONS REFERRED: 1493 MOTION to Compel Allstate's Deposition Testimony MOTION for Extension of Time to Complete Discovery via Plaintiffs' Deposition of Allstate Pursuant to Fed. R. Civ. P. 30(b)(6) Motions referred to MARILYN HEFFLEY per Standing Order. (lisad, ) (Entered: 07/27/2018)

07/30/2018 1494 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Scott Fowkes, Esquire on 7/27/18. (ti, ) (Entered: 07/30/2018)

07/30/2018 1495 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Coleen Meehan, Esquire on 7/27/18. (ti, ) (Entered: 07/30/2018)

07/31/2018

1496

MOTION for Leave to File Instanter a Letter Brief in Excess of 5 Pages in Opposition to Plaintiffs Motion to Compel Allstates Deposition Testimony and Extend the Time for Plaintiffs Deposition of Allstate Pursuant to Fed. R. Civ. P. 30(b)(6) (Dkt. No. 1493) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Brief, Declaration, Certificate of Service. (Attachments: # 1 Exhibit A − Letter Brief, # 2 Declaration of E. Zolner, # 3 Exhibit 1 to Declaration of E. Zolner, # 4 Exhibit 2 to Declaration of E. Zolner, # 5 Exhibit 3 to Declaration of E. Zolner, # 6 Exhibit 4 to Declaration of E. Zolner, # 7 Exhibit 5 to Declaration of E. Zolner, # 8 Exhibit 6 to Declaration of E. Zolner, # 9 Exhibit 7 to Declaration of E. Zolner, # 10 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 07/31/2018)

07/31/2018

MOTIONS REFERRED: 1496 MOTION for Leave to File Instanter a Letter Brief in Excess of 5 Pages in Opposition to Plaintiffs Motion to Compel Allstates Deposition Testimony and Extend the Time for Plaintiffs Deposition of Allstate Pursuant to Fed. R. Civ. P. 30(b)(6) (Dkt. Motions referred to MARILYN HEFFLEY. (lisad, ) (Entered: 08/01/2018)

08/02/2018 1497 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference VIA TELEPHONE WITH COLEEN MEEHAN held on 8/1/18. (jl, ) (Entered: 08/02/2018)

08/02/2018 1498 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 8/1/2018. (amas) (Entered: 08/02/2018)

08/02/2018 1499 MOTION for Clarification of Court's Scheduling Order filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(FOWKES, SCOTT) (Entered: 08/02/2018)

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08/03/2018

1500

Letter to The Honorable Marilyn Heffley re 1493 MOTION to Compel Allstate's Deposition Testimony MOTION for Extension of Time to Complete Discovery via Plaintiffs' Deposition of Allstate Pursuant to Fed. R. Civ. P. 30(b)(6) filed by JOSEPH L. BENOIT, JAMES T. BEVER, CRAIG K. CREASE, JOHN DAVENPORT, MICHAEL P. KEARNEY, SYLVIA KELLY, DAVID C. LAWSON, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, KAREN RYAN−WHITE, RALPH J. WOLVERTON. (ACOSTA, MARISEL) Modified on 8/3/2018 (lisad, ). (Entered: 08/03/2018)

08/06/2018 1501 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Scott Fowkes, Esquire on 8/6/18. (ti, ) (Entered: 08/06/2018)

08/07/2018

1502

ORDER THAT UPON CONSIDERATION OF PLAINTIFFS' SUBMISSIONS, IT IS HEREBY ORDERED THAT ALLSTATE'S REQUEST THAT THE SUBJECT MATTER OF SUCH COMMUNCATIONS BE LIMITED TO THE VARIOUS ASPECTS OF THE PROGRAM, IS DENIED. PLAINTIFFS' REQUEST THAT THEY BE GRANTED ADDITIONAL TIME TO COMPLETE THE RULE 30(b)(6) DEPOSITION OF ALLSTATE IS GRANTED, ETC. SIGNED BY MAGISTRATE JUDGE MARILYN HEFFLEY ON 8/7/18.8/7/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) Modified on 8/7/2018 (ti, ). (Entered: 08/07/2018)

08/08/2018 1503 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 8/8/18. (ti, ) (Entered: 08/08/2018)

08/08/2018 1504 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 8/8/18. (ti, ) (Entered: 08/08/2018)

08/09/2018 1505 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Robert Valli, Esquire on 8/9/18. (ti, ) (Entered: 08/09/2018)

08/10/2018

1506

MEMORANDUM of Law in Response re 1499 MOTION for Clarification of Court's Scheduling Order filed by JOSEPH L. BENOIT, JAMES T. BEVER, CRAIG K. CREASE, JOHN DAVENPORT, MICHAEL P. KEARNEY, DAVID C. LAWSON, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, KAREN RYAN−WHITE, RALPH J. WOLVERTON. Certificate of Service. (Attachments: # 1 Text of Proposed Order)(ACOSTA, MARISEL) Modified on 8/13/2018 (lisad, ). (Entered: 08/10/2018)

08/13/2018

1507

ORDERTHAT UPON CONSIDERING DEFENDANTS' MOTION TO CLARIFY 1499 , IT IS ORDERED THAT DEFENDANTS' MOTION TO CLARIFY IS GRANTED IN PART AND DENIED IN PART, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/13/18.8/13/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 08/13/2018)

08/13/2018

1508

STATUS REPORT by JOSEPH L. BENOIT, JAMES T. BEVER, RICHARD A. CARRIER, CRAIG K. CREASE, JOHN DAVENPORT, LEONARD GREGONLINE, RONALD W. HARPER, THOMAS HAWKINS, MICHAEL P. KEARNEY, DAVID C. LAWSON, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, GENE R. ROMERO, KAREN RYAN−WHITE, RALPH J. WOLVERTON. (BECKER, LILY) (Entered: 08/13/2018)

08/15/2018

1509

MOTION for Clarification of Court's August 13, 2018 Order, or Alternatively, MOTION for Leave to File Excess Pages in Support of Daubert Motion filed by JOSEPH L. BENOIT, JAMES T. BEVER, CRAIG K. CREASE, JOHN DAVENPORT, MICHAEL P. KEARNEY, DAVID C. LAWSON, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, KAREN RYAN−WHITE, RALPH J. WOLVERTON.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(ACOSTA, MARISEL) (Entered: 08/15/2018)

08/17/2018

1510

ORDER THAT PLAINTIFFS' MOTION 1509 IS GRANTED TO CLARIFY THE PARTIES, WHILE FILING ONE DAUBERT MOTION COMPLIANT WITH OUR AUGUST 13, 2018 ORDER 1507 , MAY FILE SEPARATE MEMORANDA COMPLIANT WITH OUR POLICIES FOR EACH OF THEIR OPPONENTS' PROPOSED EXPERT WITNESSES THEY WISH TO CHALLENGE. SIGNED BY

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HONORABLE MARK A. KEARNEY ON 8/17/18.8/17/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 08/17/2018)

08/17/2018

1511

MOTION to Sever Remaining Claims of Non−Settling Plaintiffs, MOTION to Transfer Remaining Claims of Non−Settling Plaintiffs filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(FOWKES, SCOTT) (Entered: 08/17/2018)

08/17/2018 1512 NOTICE of Voluntary Dismissal by RICHARD A. CARRIER, SYLVIA CREWS−KELLY, RONALD W. HARPER, JOHN HLOHINEC, LARRY H. LANKFORD, SR, SYLVIA E. MOSLEY, GENE R. ROMERO (Attachments: # 1 Exhibit A)(ACOSTA, MARISEL) (Entered: 08/17/2018)

08/20/2018

1513

ORDER THAT ALL CLAIMS OF THE PLAINTIFFS IDENTIFIED IN THE ATTACHED EXHIBIT A, AND ONLY THEIR CLAIMS, ARE TODAY DISMISSED UNDER AGREEMENT OF COUNSEL AND LOCAL RULE OF CIVIL PROCEDURE 41.1(b), ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 8/20/18. 8/20/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 08/20/2018)

08/21/2018 1514 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 8/21/18. (ti, ) (Entered: 08/21/2018)

08/21/2018 1515 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 8/21/18. (ti, ) (Entered: 08/21/2018)

08/29/2018 1516 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 8/28/18. (ti, ) (Entered: 08/29/2018)

08/29/2018 1517 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 8/28/18. (ti, ) (Entered: 08/29/2018)

08/31/2018 1518 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 8/31/18. (ti, ) (Entered: 08/31/2018)

08/31/2018 1519 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 8/31/18. (ti, ) (Entered: 08/31/2018)

08/31/2018 1520 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEYSettlement Conference via telephone was held with Robert Valli, Esquire on 8/31/18. (ti, ) (Entered: 08/31/2018)

08/31/2018

1521

RESPONSE in Opposition re 1511 MOTION to Sever Remaining Claims of Non−Settling Plaintiffs MOTION to Transfer Remaining Claims of Non−Settling Plaintiffs filed by JOSEPH L. BENOIT, JAMES T. BEVER, CRAIG K. CREASE, JOHN DAVENPORT, LEONARD GREGONLINE, THOMAS HAWKINS, MICHAEL P. KEARNEY, DAVID C. LAWSON, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, KAREN RYAN−WHITE, RALPH J. WOLVERTON. (Attachments: # 1 Declaration of C. Meehan, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Text of Proposed Order)(ACOSTA, MARISEL) (Entered: 08/31/2018)

09/05/2018 1522 NOTICE of Withdrawal of Appearance by MARY ELLEN SIGNORILLE on behalf of All Plaintiffs (SIGNORILLE, MARY ELLEN) (Entered: 09/05/2018)

09/06/2018

1523

ORDER THAT THE PLAINTIFFS SHALL SHOW CAUSE IN A MEMORANDUM NOT EXCEEDING TEN PAGES FILED NO LATER THAN 9/13/2018 AS TO WHY WE SHOULD NOT DISMISS CARMON GREEN'S AND KENNETH KOHLER'S CLAIMS FIRST FILED ON 5/20/2016, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/6/18. 9/6/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 09/06/2018)

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09/06/2018 1524 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference held on 9/6/18. (ti, ) (Entered: 09/06/2018)

09/06/2018 1525 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Coleen Meehan, Esquire on 9/5/18. (ti, ) (Entered: 09/06/2018)

09/06/2018 1526 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Scott Fowkes, Esquire on 9/5/18. (ti, ) (Entered: 09/06/2018)

09/07/2018 1527 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 9/7/18. (ti, ) (Entered: 09/07/2018)

09/07/2018 1528 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 9/7/18. (ti, ) (Entered: 09/07/2018)

09/07/2018

1529

REPLY in Support re 1511 MOTION to Sever Remaining Claims of Non−Settling Plaintiffs MOTION to Transfer Remaining Claims of Non−Settling Plaintiffs filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (FOWKES, SCOTT) Modified on 9/10/2018 (lisad, ). (Entered: 09/07/2018)

09/10/2018 1530 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 9/10/18. (ti, ) (Entered: 09/10/2018)

09/12/2018

1531

STATUS REPORT Jointly Filed by Defendants and by JOSEPH L. BENOIT, JAMES T. BEVER, CRAIG K. CREASE, JOHN DAVENPORT, LEONARD GREGONLINE, THOMAS HAWKINS, MICHAEL P. KEARNEY, DAVID C. LAWSON, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, KAREN RYAN−WHITE, RALPH J. WOLVERTON. (ACOSTA, MARISEL) (Entered: 09/12/2018)

09/13/2018 1532 MEMORANDUM OF LAW IN RESPONSE TO THE COURTS ORDER TO SHOW CAUSE by CARMON GREEN, KENNETH KOHLER. (BERMAN, MATTHEW) Modified on 9/14/2018 (lisad, ). (Entered: 09/13/2018)

09/13/2018 1533 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held on 9/12/18 with Scott Fowkes, Esquire. (jaa, ) (Entered: 09/14/2018)

09/13/2018 1534 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via Telephone was held on 9/12/18 with Coleen Meehan, Esquire. (jaa, ) (Entered: 09/14/2018)

09/17/2018 1535 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Coleen Meehan, Esquire on 9/14/18. (ti, ) (Entered: 09/17/2018)

09/17/2018 1536 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Coleen Meehan, Esquire on 9/17/18. (ti, ) (Entered: 09/17/2018)

09/17/2018 1537 Response to Order to Show Cause re 1523 Order to Show Cause, by ALLSTATE INSURANCE COMPANY. (KATCHEN, KATHERINE) (Entered: 09/18/2018)

09/18/2018 1538 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 9/17/18. (ti, ) (Entered: 09/18/2018)

09/18/2018 1539 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 9/18/18. (ti, ) (Entered: 09/18/2018)

09/18/2018 1540 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire

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on 9/18/18. (ti, ) (Entered: 09/18/2018)

09/18/2018 1541 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 9/18/18. (ti, ) (Entered: 09/18/2018)

09/19/2018 1542 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference via telephone was held Scott Fowkes, Esquire on 9/18/18. (ti, ) (Entered: 09/19/2018)

09/19/2018 1543 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Third Settlement Conference via telephone was held with Coleen Meehan, Esquire on 9/18/18. (ti, ) (Entered: 09/19/2018)

09/19/2018 1544 MOTION for Summary Judgment on the Remaining Plaintiffs' Claims filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(FOWKES, SCOTT) (Entered: 09/19/2018)

09/19/2018

1545

Memorandum in Support re 1544 MOTION for Summary Judgment on the Remaining Plaintiffs' Claims Memorandum in Support of Allstate's Motion for Summary Judgment on the Remaining Plaintiffs' Breach of Contract (Counts V and VI) and Breach of Fiduciary Duty Claims (Count VI) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FOWKES, SCOTT) (Entered: 09/19/2018)

09/19/2018

1546

Statement of Undisputed Facts in Support of Allstate's Motion for Summary Judgment on the Remaining Plaintiffs' Breach of Contract (Counts V and VI) and Breach of Fiduciary Duty Claims (Count VI) (Dkt. No. 1545) by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FOWKES, SCOTT) (Entered: 09/19/2018)

09/19/2018

1547

Memorandum in Support re 1544 MOTION for Summary Judgment on the Remaining Plaintiffs' Claims Memorandum in Support of Allstate's Motion for Summary Judgment on Plaintiffs' ADEA Disparate Treatment Claims (Count IV) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FOWKES, SCOTT) (Entered: 09/19/2018)

09/19/2018 1548 Statement of Undisputed Facts in Support of Allstate's Motion for Summary Judgment on Plaintiffs' ADEA Disparate Treatment Claims (Count IV) by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FOWKES, SCOTT) (Entered: 09/19/2018)

09/19/2018

1549

Memorandum in Support re 1544 MOTION for Summary Judgment on the Remaining Plaintiffs' Claims Memorandum in Support of Allstate's Motion for Summary Judgment on the Remaining Claims of Plaintiff Thomas Hawkins filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FOWKES, SCOTT) (Entered: 09/19/2018)

09/19/2018 1550 Statement of Undisputed Facts in Support of Allstate's Motion for Summary Judgment on the Remaining Claims of Plaintiff Thomas Hawkins (Dkt. No. 1549) by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (FOWKES, SCOTT) (Entered: 09/19/2018)

09/19/2018

1551

Appendix in Support of the Statements of Undisputed Facts in Support of Allstate's Motions for Summary Judgment on the Remaining Plaintiffs' Claims by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION re 1548 Statement, 1550 Statement, 1546 Statement, (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1 to Declaration of E. Zolner, # 3 Exhibit 2 to Declaration of E. Zolner, # 4 Exhibit 3 to Declaration of E. Zolner, # 5 Exhibit 4 to Declaration of E. Zolner, # 6 Exhibit 5 to Declaration of E. Zolner, # 7 Exhibit 6 to Declaration of E. Zolner, # 8 Exhibit 7 to Declaration of E. Zolner, # 9 Exhibit 8 to Declaration of E. Zolner, # 10 Exhibit 9 to Declaration of E. Zolner, # 11 Exhibit 10 to Declaration of E. Zolner, # 12 Exhibit 11 to Declaration of E. Zolner, # 13 Exhibit 12 to Declaration of E. Zolner, # 14 Exhibit 13 to Declaration of E. Zolner, # 15 Exhibit 14 to Declaration of E. Zolner, # 16 Exhibit 15 to Declaration of E. Zolner, # 17 Exhibit 16 to Declaration of E. Zolner, # 18 Exhibit 17 to Declaration of E. Zolner, # 19 Exhibit 18 to Declaration of

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E. Zolner, # 20 Exhibit 19 to Declaration of E. Zolner, # 21 Exhibit 20 to Declaration of E. Zolner, # 22 Exhibit 21 to Declaration of E. Zolner, # 23 Exhibit 22 to Declaration of E. Zolner, # 24 Exhibit 23 to Declaration of E. Zolner, # 25 Exhibit 24 to Declaration of E. Zolner, # 26 Exhibit 25 to Declaration of E. Zolner, # 27 Exhibit 26 to Declaration of E. Zolner, # 28 Exhibit 27 to Declaration of E. Zolner, # 29 Exhibit 28 to Declaration of E. Zolner, # 30 Exhibit 29 to Declaration of E. Zolner, # 31 Exhibit 30 to Declaration of E. Zolner, # 32 Exhibit 31 to Declaration of E. Zolner, # 33 Exhibit 32 to Declaration of E. Zolner, # 34 Exhibit 33 to Declaration of E. Zolner, # 35 Exhibit 34 to Declaration of E. Zolner, # 36 Exhibit 35 to Declaration of E. Zolner, # 37 Exhibit 36 to Declaration of E. Zolner, # 38 Exhibit 37 to Declaration of E. Zolner, # 39 Exhibit 38 to Declaration of E. Zolner, # 40 Exhibit 39 to Declaration of E. Zolner, # 41 Exhibit 40 to Declaration of E. Zolner, # 42 Exhibit 41 to Declaration of E. Zolner, # 43 Exhibit 42 to Declaration of E. Zolner, # 44 Exhibit 43 to Declaration of E. Zolner, # 45 Exhibit 44 to Declaration of E. Zolner, # 46 Exhibit 45 to Declaration of E. Zolner, # 47 Exhibit 46 to Declaration of E. Zolner, # 48 Exhibit 47 to Declaration of E. Zolner, # 49 Exhibit 48 to Declaration of E. Zolner, # 50 Exhibit 49 to Declaration of E. Zolner, # 51 Exhibit 50 to Declaration of E. Zolner, # 52 Exhibit 51 to Declaration of E. Zolner, # 53 Exhibit 52 to Declaration of E. Zolner, # 54 Exhibit 53 to Declaration of E. Zolner, # 55 Exhibit 54 to Declaration of E. Zolner, # 56 Exhibit 55 to Declaration of E. Zolner, # 57 Exhibit 56 to Declaration of E. Zolner, # 58 Exhibit 57 to Declaration of E. Zolner, # 59 Exhibit 58 to Declaration of E. Zolner, # 60 Exhibit 59 to Declaration of E. Zolner, # 61 Exhibit 60 to Declaration of E. Zolner, # 62 Exhibit 61 to Declaration of E. Zolner, # 63 Exhibit 62 to Declaration of E. Zolner, # 64 Exhibit 63 to Declaration of E. Zolner, # 65 Exhibit 64 to Declaration of E. Zolner, # 66 Exhibit 65 to Declaration of E. Zolner, # 67 Exhibit 66 to Declaration of E. Zolner, # 68 Exhibit 67 to Declaration of E. Zolner, # 69 Exhibit 68 to Declaration of E. Zolner, # 70 Exhibit 69 to Declaration of E. Zolner, # 71 Exhibit 70 to Declaration of E. Zolner, # 72 Exhibit 71 to Declaration of E. Zolner)(FOWKES, SCOTT) Modified on 9/20/2018 (lisad, ). (Entered: 09/19/2018)

09/19/2018

1552

MOTION to Exclude the Rebuttal Opinions of Plaintiffs' Expert David W. Griffin Under Daubert and Federal Rules of Evidence 702 and 403 and the Opinions of Plaintiffs' Expert Samuel J. Kursh Under Daubert and Federal Rules of Evidence 702 and 403 filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(ZOLNER, ERICA) (Entered: 09/19/2018)

09/19/2018

1553

Memorandum of Law in Support re 1552 MOTION to Exclude the Rebuttal Opinions of Plaintiffs' Expert David W. Griffin Under Daubert and Federal Rules of Evidence 702 and 403 and the Opinions of Plaintiffs' Expert Samuel J. Kursh Under Daubert and Federal Rules of Evidence 702 Memorandum in Support of Allstate's Motion to Exclude the Rebuttal Report and Accompanying Opinions of Plaintiffs' Expert David W. Griffin Under Daubert and Federal Rules of Evidence 702 and 403 filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1 to Declaration of E. Zolner, # 3 Exhibit 2 to Declaration of E. Zolner, # 4 Exhibit 3 to Declaration of E. Zolner, # 5 Exhibit 4 to Declaration of E. Zolner)(ZOLNER, ERICA) Modified on 9/20/2018 (lisad, ). (Entered: 09/19/2018)

09/19/2018

1554

Memorandum in Support re 1552 MOTION to Exclude the Rebuttal Opinions of Plaintiffs' Expert David W. Griffin Under Daubert and Federal Rules of Evidence 702 and 403 and the Opinions of Plaintiffs' Expert Samuel J. Kursh Under Daubert and Federal Rules of Evidence 702 Memorandum in Support of Allstate's Motion to Exclude the Opinions of Plaintiffs' Expert Samuel J. Kursh Under Daubert and Federal Rules of Evidence 702 and 403 filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1 to Declaration of E. Zolner, # 3 Exhibit 2 to Declaration of E. Zolner, # 4 Exhibit 3 to Declaration of E. Zolner, # 5 Exhibit 4 to Declaration of E. Zolner, # 6 Exhibit 5 to Declaration of E. Zolner)(ZOLNER, ERICA) (Entered: 09/19/2018)

09/19/2018 1555 MOTION in Limine to Exclude Allstate's Proposed Experts Craig Elson, Prof. David F. Babbel, and Dr. Kevin M. Murphy Under Daubert and Fed. R. Evid. 702 filed by Carmon David Green, Kenneth Lee Kohler and filed by JOSEPH L. BENOIT, LEONARD GREGONLINE, THOMAS HAWKINS.Memorandum, Declaration,

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Certificate of Service. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law in Support of Motion in Limine to Exclude Dr. Murphy, # 3 Declaration of Jacqueline C. Gorbey, # 4 Ex. A to Gorbey Decl., # 5 Ex. B to Gorbey Decl., # 6 Ex. C to Gorbey Decl., # 7 Ex. D to Gorbey Decl., # 8 Ex. E to Gorbey Decl., # 9 Ex. F to Gorbey Decl., # 10 Ex. G to Gorbey Decl., # 11 Ex. H to Gorbey Decl., # 12 Ex. I to Gorbey Decl., # 13 Ex. J to Gorbey Decl., # 14 Ex. K to Gorbey Decl., # 15 Ex. L to Gorbey Decl., # 16 Ex. M to Gorbey Decl., # 17 Memorandum of Law in Support of Motion in Limine to Exclude Prof. Babbel, # 18 Declaration of Marisel Acosta, Esq., # 19 Ex. A to Acosta Decl., # 20 Ex. B to Acosta Decl., # 21 Ex. C to Acosta Decl., # 22 Ex. D to Acosta Decl., # 23 Ex. E to Acosta Decl., # 24 Ex. F to Acosta Decl., # 25 Ex. G to Acosta Decl., # 26 Ex. H to Acosta Decl., # 27 Ex. I to Acosta Decl., # 28 Ex. J to Acosta Decl., # 29 Memorandum of Law in Support of Motion in Limine to Exclude Craig Elson, # 30 Declaration of Coleen M. Meehan, Esq., # 31 Ex. A to Meehan Decl., # 32 Ex. B to Meehan Decl., # 33 Ex. C to Meehan Decl., # 34 Ex. D to Meehan Decl., # 35 Ex. E to Meehan Decl., # 36 Declaration of Matthew Berman, Esq., # 37 Ex. F to Berman Decl.)(MEEHAN, COLEEN) (Entered: 09/19/2018)

09/20/2018 1556 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 9/19/18. (ti, ) (Entered: 09/20/2018)

09/20/2018 1557 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 9/20/18. (ti, ) (Entered: 09/20/2018)

09/20/2018 1558 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 9/20/18. (ti, ) (Entered: 09/20/2018)

09/20/2018

1559

NOTICE of Voluntary Dismissal by JAMES T. BEVER, CRAIG K. CREASE, JOHN DAVENPORT, MICHAEL P. KEARNEY, DAVID C. LAWSON, IAN O'CONNOR, CAROLYN L. PENZO, RICHARD E. PETERSON, PAULA REINERIO, KAREN RYAN−WHITE, RALPH J. WOLVERTON (Attachments: # 1 Exhibit A)(ACOSTA, MARISEL) (Entered: 09/20/2018)

09/21/2018 1560 NOTICE of Voluntary Dismissal by CAROLYN L. PENZO (Attachments: # 1 Exhibit A (amended))(ACOSTA, MARISEL) (Entered: 09/21/2018)

09/21/2018 1561 NOTICE of Voluntary Dismissal by JOSEPH L. BENOIT (ACOSTA, MARISEL) (Entered: 09/21/2018)

09/21/2018

1562

ORDER THAT ALL CLAIMS OF THE PLAINTIFFS IDENTIFIED IN THE ATTACHED EXHIBIT A, AND ONLY THEIR CLIAMS, ARE TODAY DISMISSED UNDER AGREEMENT OF COUNSEL AND LOCAL RULE OF CIVIL PROCEDURE 41.1(b), ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/21/18. 9/21/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 09/21/2018)

09/21/2018

1563

ORDER THAT ALL CLAIMS OF PLAINTIFF JOSEPH BENOIT ONLY, ARE TODAY DISMISSED UNDER AGREEMENT OF COUNSEL AND LOCAL RULE OF CIVIL PROCEDURE 41.1(b), ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/21/18. 9/21/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 09/21/2018)

09/24/2018 1564 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 9/20/18. (ti, ) (Entered: 09/24/2018)

09/24/2018 1565 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 9/21/18. (ti, ) (Entered: 09/24/2018)

09/24/2018 1566 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Coleen Meehan, Esquire on 9/21/18. (ti, ) (Entered: 09/24/2018)

09/24/2018 1567 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference via telephone was held with Coleen

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Meehan, Esquire on 9/21/18. (ti, ) (Entered: 09/24/2018)

09/24/2018

1568

ORDER−MEMORANDUM THAT UPON CONSIDERING DEFENDANTS' MOITON TO SEVER AND TRANSFER THE CLAIMS OF THE REMAINING FOUR PLAINTIFFS 1511 , IT IS ORDERED THAT DEFENDANTS' MOTION IS DENIED, ETC. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/24/18.9/24/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 09/24/2018)

09/25/2018 1569 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Robert Valli, Esquire on 9/24/18. (ti, ) (Entered: 09/25/2018)

09/25/2018 1570 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 9/25/18. (ti, ) (Entered: 09/25/2018)

09/26/2018 1571 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held via telephone with Scott Fowkes, Esquire on 9/25/18. (ti, ) (Entered: 09/26/2018)

10/01/2018

1572

First MOTION for Extension of Time to File Response/Reply as to 1552 MOTION to Exclude the Rebuttal Opinions of Plaintiffs' Expert David W. Griffin Under Daubert and Federal Rules of Evidence 702 and 403 and the Opinions of Plaintiffs' Expert Samuel J. Kursh Under Daubert and Federal Rules of Evidence 702, 1544 MOTION for Summary Judgment on the Remaining Plaintiffs' Claims filed by THOMAS HAWKINS, LEONARD GREGONLINE. (VALLI, ROBERT) Modified on 10/2/2018 (lisad, ). (Entered: 10/01/2018)

10/02/2018

1573

ORDER THAT UPON CONSIDERING THE PLAINTIFFS' MOTION FOR AN EXTENSION OF TIME 1572 NOT SIGNED BY LOCAL COUNSEL VIOLATIVE OF OUR POLICIES (IIE), IT IS ORDERED PLAINTIFFS' MOITON 1572 IS DENIED WITHOUT PREJUDICE TO BE TIMELY RENEWED COMPLIANT WITH OUR POLICIES INCLUDING EXPLAINING WHY HIS LONG−STANDING LOCAL COUNSEL CANNOT ASSIST IN MEETING COURT DEADLINES. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/2/18.10/2/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 10/02/2018)

10/02/2018

1574

Supplemental MOTION for Extension of Time to File Response/Reply as to 1552 MOTION to Exclude the Rebuttal Opinions of Plaintiffs' Expert David W. Griffin Under Daubert and Federal Rules of Evidence 702 and 403 and the Opinions of Plaintiffs' Expert Samuel J. Kursh Under Daubert and Federal Rules of Evidence 702, 1544 MOTION for Summary Judgment on the Remaining Plaintiffs' Claims, 1573 Order on Motion for Extension of Time to File Response/Reply, filed by THOMAS HAWKINS, LEONARD GREGONLINE. (VALLI, ROBERT) Modified on 10/3/2018 (lisad, ). (Entered: 10/02/2018)

10/03/2018

1575

ORDER THAT UPON CONSIDERING THE PLAINTIFFS' UNCONTESTED SECOND MOTION FOR AN EXTENSION OF TIME 1574 AND FINDING NO PREJUDICE, IT IS ORDERED PLAINTIFFS' MOTION 1574 IS GRANTED AND ALL PARTIES MAY RESPOND TO THE PENDING MOTION FOR SUMMARY JUDGMENT 1544 AND THE MOTIONS IN LIMINE (ECF DOC. NOS. 1552 & 1555 ) NO LATER THAN 10/12/2018. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/3/18.10/3/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 10/03/2018)

10/03/2018 1576 STIPULATION of Dismissal and Proposed Order by THOMAS HAWKINS. (VALLI, ROBERT) (Entered: 10/03/2018)

10/03/2018

1577

ORDER THAT UPON CONSIDERING PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL (ECF DOC. NO. 1576 ) ALL CLAIMS OF PLAINTIFF THOMAS HAWKINS ONLY ARE DISMISSED UNDER AGREEMENT OF COUNSEL AND LOCAL RULE OF CIVIL PROCEDURE 41.1(b). SIGNED BY HONORABLE MARK A. KEARNEY ON 10/03/2018;. 10/03/2018 ENTERED AND COPIES E−MAILED.(nd) (Entered: 10/03/2018)

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10/03/2018 1578 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Scott Fowkes, Esquire on 10/3/18. (ti, ) (Entered: 10/03/2018)

10/12/2018

1579

MEMORANDUM of Law in Opposition re 1555 MOTION in Limine to Exclude Allstate's Proposed Experts Craig Elson, Prof. David F. Babbel, and Dr. Kevin M. Murphy Under Daubert and Fed. R. Evid. 702 filed by Carmon David Green, Kenneth Lee Kohler and filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1 to Declaration of E. Zolner, # 3 Exhibit 2 to Declaration of E. Zolner, # 4 Exhibit 3 to Declaration of E. Zolner, # 5 Exhibit 4 to Declaration of E. Zolner, # 6 Exhibit 5 to Declaration of E. Zolner, # 7 Text of Proposed Order)(ZOLNER, ERICA) Modified on 10/15/2018 (lisad, ). (Entered: 10/12/2018)

10/12/2018

1580

MEMORANDUM of Law in Opposition re 1555 MOTION in Limine to Exclude Allstate's Proposed Experts Craig Elson, Prof. David F. Babbel, and Dr. Kevin M. Murphy Under Daubert and Fed. R. Evid. 702 filed by Carmon David Green, Kenneth Lee Kohler and filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1 to Declaration of E. Zolner, # 3 Exhibit 2 to Declaration of E. Zolner, # 4 Exhibit 3 to Declaration of E. Zolner, # 5 Exhibit 4 to Declaration of E. Zolner, # 6 Exhibit 5 to Declaration of E. Zolner, # 7 Exhibit 6 to Declaration of E. Zolner, # 8 Exhibit 7 to Declaration of E. Zolner, # 9 Exhibit 8 to Declaration of E. Zolner, # 10 Exhibit 9 to Declaration of E. Zolner, # 11 Exhibit 10 to Declaration of E. Zolner, # 12 Exhibit 11 to Declaration of E. Zolner, # 13 Exhibit 12 to Declaration of E. Zolner, # 14 Exhibit 13 to Declaration of E. Zolner, # 15 Exhibit 14 to Declaration of E. Zolner, # 16 Exhibit 15 to Declaration of E. Zolner, # 17 Exhibit 16 to Declaration of E. Zolner, # 18 Exhibit 17 to Declaration of E. Zolner, # 19 Exhibit 18 to Declaration of E. Zolner, # 20 Exhibit 19 to Declaration of E. Zolner, # 21 Text of Proposed Order)(ZOLNER, ERICA) Modified on 10/15/2018 (lisad, ). (Entered: 10/12/2018)

10/12/2018

1581

MEMORANDUM of Law in Opposition re 1555 MOTION in Limine to Exclude Allstate's Proposed Experts Craig Elson, Prof. David F. Babbel, and Dr. Kevin M. Murphy Under Daubert and Fed. R. Evid. 702 filed by Carmon David Green, Kenneth Lee Kohler and filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. (Attachments: # 1 Declaration of E. Zolner, # 2 Exhibit 1 to Declaration of E. Zolner, # 3 Exhibit 2 to Declaration of E. Zolner, # 4 Exhibit 3 to Declaration of E. Zolner, # 5 Text of Proposed Order)(ZOLNER, ERICA) Modified on 10/15/2018 (lisad, ). (Entered: 10/12/2018)

10/12/2018

1582

MEMORANDUM of Law in Opposition re 1544 MOTION for Summary Judgment on the Remaining Plaintiffs' Claims filed by CARMON GREEN, LEONARD GREGOLINE, KENNETH KOHLER. Certificate of Service. (Attachments: # 1 Plaintiffs Counterstatement of Fact, # 2 Declaration Declaration of Matthew Berman in Opposition to Defendants' Motion for Summary Judgment − STRICKEN PER ORDER 1583 )(BERMAN, MATTHEW) Modified on 10/15/2018 (lisad, ). Modified on 10/17/2018 (ti, ). *1582−1 AND 1582−2 STRICKEN PER ORDER # 1583 FILED 10/17/18( Modified on 10/18/2018 (lisad, ). (Entered: 10/12/2018)

10/17/2018

1583

ORDER THAT PLAINTIFFS' COUNTER−STATEMENT OF UNDISPUTED FACTS IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (ECF DOC. NO. 1582−1) AND "EXHIBIT" (ECF DOC. NO. 1582−2) ARE STRICKEN AS NON−COMPLIANT WITH OUR POLICIES AND PROCEDURES AT SECTIONS (V.) (A. & C.). PLAINTIFFS SHALL FILE A COMPLIANT SUPPLEMENTAL APPENDIX AND STATEMENT OF UNDISPUTED MATERIALS FACTS WITH CITATIONS TO THE COMPLIANT SUPPLEMENTAL APPENDIX NO LATER THAN 10/19/2018. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/17/18. 10/17/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 10/17/2018)

10/18/2018 1584 MOTION for Extension of Time to File Response/Reply as to 1583 Order,, filed by ALLSTATE INSURANCE COMPANY..(KATCHEN, KATHERINE) (Entered: 10/18/2018)

10/18/2018 1585 ORDER THAT UPON CONSIDERING THE DEFENDANT'S UNOPPOSED MOTION FOR A TWO DAY EXTENSION OF TIME 1584 , IT IS ORDERED DEFENDANT'S MOTION 1584 IS GRANTED AND DEFENDANT MAY FILE A

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 743 of 745

REPLY NO LATER THAN 10/23/2018 COMPLAINT WITH OUR POLICIES. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/18/18.10/18/18 ENTERED AND COPIES MAILED AND E−MAILED.(ti, ) (Entered: 10/18/2018)

10/19/2018

1586

Counter−Statement of "Undisputed" Facts ("CSOF") in Opposition re 1544 MOTION for Summary Judgment on the Remaining Plaintiffs' Claims as directed by Dkt #1583 filed by CARMON GREEN, LEONARD GREGOLINE, KENNETH KOHLER. Certificate of Service. (Attachments: # 1 Declaration in Opposition to Defendants' MSJ, # 2 Appendix in Opposition to Defendants' MSJ, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit 41, # 44 Exhibit 42, # 45 Exhibit 43, # 46 Exhibit 44, # 47 Exhibit 45, # 48 Exhibit 46, # 49 Exhibit 47, # 50 Exhibit 48, # 51 Exhibit 49, # 52 Exhibit 50, # 53 Exhibit 51, # 54 Exhibit 52, # 55 Exhibit 53, # 56 Exhibit 54, # 57 Exhibit 55, # 58 Exhibit 56, # 59 Exhibit 57, # 60 Exhibit 58, # 61 Exhibit 59, # 62 Exhibit 60, # 63 Exhibit 61, # 64 Exhibit 62, # 65 Exhibit 63, # 66 Exhibit 64, # 67 Exhibit 65, # 68 Exhibit 66, # 69 Exhibit 67, # 70 Exhibit 68, # 71 Exhibit 69, # 72 Exhibit 70, # 73 Exhibit 71, # 74 Exhibit 72, # 75 Exhibit 73, # 76 Exhibit 74, # 77 Exhibit 75, # 78 Exhibit 76, # 79 Exhibit 77, # 80 Exhibit 78, # 81 Exhibit 79, # 82 Exhibit 80, # 83 Exhibit 81, # 84 Exhibit 82, # 85 Exhibit 83, # 86 Exhibit 84, # 87 Exhibit 85, # 88 Exhibit 86, # 89 Exhibit 87, # 90 Exhibit 88, # 91 Exhibit 89, # 92 Exhibit 90, # 93 Exhibit 91, # 94 Exhibit 92, # 95 Exhibit 93, # 96 Exhibit 94, # 97 Exhibit 95, # 98 Exhibit 96, # 99 Exhibit 97, # 100 Exhibit 98, # 101 Exhibit 99, # 102 Exhibit 100, # 103 Exhibit 101, # 104 Exhibit 102, # 105 Exhibit 103, # 106 Exhibit 104, # 107 Exhibit 105, # 108 Exhibit 106, # 109 Exhibit 107, # 110 Exhibit 108, # 111 Exhibit 109, # 112 Exhibit 110, # 113 Exhibit 111, # 114 Exhibit 112, # 115 Exhibit 113)(BERMAN, MATTHEW) Modified on 10/22/2018 (lisad, ). Modified on 10/22/2018 (rf, ). *STRICKEN PER COURT ORDER OF 10/22/18, DOC. 1587* (Entered: 10/19/2018)

10/22/2018

1587

ORDER THAT PLAINTIFFS COUNTER−STATEMENT OF UNDISPUTED FACTS IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. 1586) IS STRICKEN AND PLAINTIFFS SHALL FILE A PROPERLY NUMBERED COUNTER−STATEMENT OF UNDISPUTED MATERIAL FACTS NO LATER THAN 10/23/18 AND DEFENDANTS MAY RESPOND TO PLAINTIFFS PROPERLY NUMBERED COUNTER−STATEMENT OF UNDISPUTED FACTS IN OPPOSITION TO SUMMARY JUDGMENT NO LATER THAN 10/25/18. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/22/18. 10/22/18 ENTERED AND COPIES MAILED AND E−MAILED.(rf, ) (Entered: 10/22/2018)

10/22/2018

1588

Plaintiffs' Counterstatement of Facts (REVISED per 10/22/18 Order) re 1544 MOTION for Summary Judgment on the Remaining Plaintiffs' Claims filed by CARMON GREEN, LEONARD GREGOLINE, KENNETH KOHLER. Certificate of Service. (BERMAN, MATTHEW) Modified on 10/23/2018 (lisad, ). (Entered: 10/22/2018)

10/23/2018

1589

REPLY in Support re 1544 MOTION for Summary Judgment on the Remaining Plaintiffs' Claims Allstate's Reply in Support of Motion for Summary Judgment on the Remaining Plaintiffs' Breach of Contract (Counts V and VI) and Breach of Fiduciary Duty Claims (Count VII) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (FOWKES, SCOTT) Modified on 10/24/2018 (lisad, ). (Entered: 10/23/2018)

10/23/2018

1590

REPLY Memorandum in Support re 1544 MOTION for Summary Judgment on the Remaining Plaintiffs' Claims Allstate's Reply in Support of Motion for Summary Judgment on Plaintiffs' ADEA Disparate Treatment Claims (Count IV) filed by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (FOWKES, SCOTT) Modified on 10/24/2018 (lisad, ). (Entered: 10/23/2018)

Case: 2:01-cv-3894 As of: 06/09/2020 11:14 AM EDT 744 of 745

10/23/2018

1591

Allstate's Response to Plaintiffs' "Additional Statement of Facts" by ALLSTATE INSURANCE COMPANY, THE ALLSTATE CORPORATION. Certificate of Service. (Attachments: # 1 Appendix Table of Contents, # 2 Declaration of S. Fowkes, P.C., # 3 Exhibit 114 to Declaration of S. Fowkes, P.C., # 4 Exhibit 115 to Declaration of S. Fowkes, P.C., # 5 Exhibit 116 to Declaration of S. Fowkes, P.C., # 6 Exhibit 117 to Declaration of S. Fowkes, P.C., # 7 Exhibit 118 to Declaration of S. Fowkes, P.C., # 8 Exhibit 119 to Declaration of S. Fowkes, P.C., # 9 Exhibit 120 to Declaration of S. Fowkes, P.C., # 10 Exhibit 121 to Declaration of S. Fowkes, P.C., # 11 Exhibit 122 to Declaration of S. Fowkes, P.C., # 12 Exhibit 123 to Declaration of S. Fowkes, P.C., # 13 Exhibit 124 to Declaration of S. Fowkes, P.C., # 14 Exhibit 125 to Declaration of S. Fowkes, P.C., # 15 Exhibit 126 to Declaration of S. Fowkes, P.C., # 16 Exhibit 127 to Declaration of S. Fowkes, P.C., # 17 Exhibit 128 to Declaration of S. Fowkes, P.C., # 18 Exhibit 129 to Declaration of S. Fowkes, P.C., # 19 Exhibit 130 to Declaration of S. Fowkes, P.C., # 20 Exhibit 131 to Declaration of S. Fowkes, P.C., # 21 Exhibit 132 to Declaration of S. Fowkes, P.C., # 22 Exhibit 133 to Declaration of S. Fowkes, P.C.)(FOWKES, SCOTT) Modified on 10/24/2018 (lisad, ). (Entered: 10/23/2018)

10/24/2018 1592 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Robert Valli, Esquire on 10/24/18. (ti, ) (Entered: 10/24/2018)

10/24/2018 1593 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held with Scott Fowkes, Esquire on 10/24/18. (ti, ) (Entered: 10/24/2018)

10/25/2018 1594 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference via telephone was held with Robert Valli, Esquire on 10/25/18. (ti, ) (Entered: 10/25/2018)

10/25/2018 1595 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Scott Fowkes, Esquire on 10/25/18. (ti, ) (Entered: 10/25/2018)

10/30/2018 1596 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Scott Fowkes, Esquire on 10/29/18. (ti, ) (Entered: 10/30/2018)

10/30/2018 1597 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held via telephone with Scott Fowkes, Esquire on 10/29/18. (ti, ) (Entered: 10/30/2018)

10/30/2018 1598 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Robert Valli, Esquire on 10/29/18. (ti, ) (Entered: 10/30/2018)

10/30/2018 1599 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Scott Fowkes, Esquire on 10/30/18. (ti, ) (Entered: 10/30/2018)

10/30/2018 1600 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Robert Valli, Esquire on 10/30/18. (ti, ) (Entered: 10/30/2018)

10/31/2018 1601 STATUS REPORT by LAWRENCE ANZIVINE. (VALLI, ROBERT) (Entered: 10/31/2018)

10/31/2018 1602 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held via telephone with Robert Valli, Esquire on 10/30/18. (ti, ) (Entered: 10/31/2018)

10/31/2018 1603 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Third Settlement Conference was held via telephone with Robert Valli, Esquire on 10/30/18. (ti, ) (Entered: 10/31/2018)

10/31/2018 1604 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held via telephone with Scott Fowkes, Esquire on 10/30/18. (ti, ) (Entered: 10/31/2018)

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10/31/2018 1605 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Third Settlement Conference was held via telephone with Scott Fowkes, Esquire on 10/30/18. (ti, ) (Entered: 10/31/2018)

10/31/2018 1606 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Robert Valli, Esquire on 10/31/18. (ti, ) (Main Document 1606 replaced on 10/31/2018) (ti, ). (Entered: 10/31/2018)

10/31/2018 1607 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held via telephone with Robert Valli, Esquire on 10/31/18. (ti, ) Modified on 10/31/2018 (ti, ). (Entered: 10/31/2018)

10/31/2018 1608 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Settlement Conference was held via telephone with Richard C. Godfrey, Esquire on 10/31/18. (ti, ) (Entered: 10/31/2018)

10/31/2018 1609 Minute Entry for proceedings held before MAGISTRATE JUDGE MARILYN HEFFLEY Second Settlement Conference was held via telephone with Richard C. Godfrey, Esquire on 10/31/18. (ti, ) (Entered: 10/31/2018)

10/31/2018

1610

ORDER THAT THIS ACTION IS DISMISSED UNDER AGREEMENT OF COUNSEL AND LOCAL RULE OF CIVIL PROCEDURE 41.1(b); AND, THE CLERK OF COURT SHALL MARK THIS CASE AND THE CONSOLIDATED CASE AT NO. 15−3047. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/31/18. 10/31/18 ENTERED AND COPIES MAILED AND E−MAILED. (ti, ) Modified on 10/31/2018 (ti, ). (Entered: 10/31/2018)