Case: Bell v. Woodward Governor Co.; EEOC v. Woodward Governor

EEOC v. Woodward

Bell v. Woodward Governor Co.

Bell v. Woodward Governor Co.

Bell v. Woodward Governor Company

Bell v. Woodward Governor

EEOC v. Woodward Governor Company

Bell v. Woodward Governor Co.; EEOC v. Woodward Governor Co.

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Kelly K. Lambert, James Gerard Bradtke, Jennifer Kay Soule as attorney(s) for plaintiff Demetric Bell, plaintiff Marilyn Berry, plaintiff Catherine Brown, plaintiff Kimberly Buchanan, plaintiff Gilberto Gonzalez, plaintiff Timmy Link, plaintiff Eddie Manning Jr, plaintiff Kim Nachampassack, plaintiff Duane Parks, plaintiff Brenda Riley, plaintiff Darnel Royal, plaintiff Robin Sallis, plaintiff Velma Sanders, plaintiff Barbara - Smith, plaintiff Tony Triplett, plaintiff Janet Wilkins ( 1 summons(es) issued.) ( Documents: 1-1 through 1-3) (clb) (Entered: 05/15/2003)

APPLICATION for leave to appear pro hac vice for defendant by Michele K McKellar; Order entered granting leave by Hon. P. Michael Mahoney (fce) (Entered: 06/27/2003)

MINUTE ORDER of 6/26/03 by Hon. P. Michael Mahoney: Defendant's motion for Michele McKellar to appear pro hac vice is granted. Mailed notice (fce) (Entered: 06/27/2003)

ANSWER by defendant to class action complaint [1-1]. (fce) (Entered: 07/14/2003)

MOTION by plaintiffs for leave, to add appearances of additional counsel ; Notice. (fce) (Entered: 07/18/2003)

PARTIES' proposed case management order by plaintiff, defendant (fce) (Entered: 07/22/2003)

ATTORNEY APPEARANCE for defendant by Michael W. Duffee, Michele K. McKellar, Robert E. Reuterfors. (fce) (Entered: 07/24/2003)

MINUTE ORDER of 7/23/03 by Hon. P. Michael Mahoney: Initial pretrial conference held. Plaintiffs' motion for leave [5-1], to file additional appearances is granted [5-2]. Case management order approved as stated. ADR reserved. Depositions are limited to a reasonable number with the court retaining authority to set a number. Interrogatories limited to 75. All discovery as to class certification closed by 1/23/04. Motion for class certification due 2/13/04. Amendment of pleadings due 11/14/03. Discovery conference continued to 1:30 pm on 10/8/03. No notice (fce) (Entered: 07/24/2003)

ATTORNEY APPEARANCE for Demetric Bell, Marilyn Berry, Catherine Brown, Kimberly Buchanan, Gilberto Gonzalez, Timmy Link, Eddie Manning Jr, Duane Parks, Brenda Riley, Darnel Royal, Robin Sallis, Velma Sanders, Barbara - Smith, Tony Triplett, Janet Wilkins by Stephen G. Seliger, Laurie S. Elkin, Robert D. Allison, Steven P. Schneck; Notice of filing (jmm (Entered: 07/28/2003)

UNOPPOSED MOTION by defendant for leave to file additional appearances . (fce) (Entered: 09/15/2003)

ATTORNEY APPEARANCE for defendant by Robert Michael O'Connell, Laura A. O'Connell (fce) (Entered: 09/15/2003)

MINUTE ORDER of 9/17/03 by Hon. P. Michael Mahoney: Defendant's motion for leave to file additional appearances is granted [10-1]. Mailed notice (fce) (Entered: 09/17/2003)

ATTORNEY APPEARANCE for defendant Woodward Gov Co by Robert M. O'Connell, Laura A. O'Connell. (fce) (Entered: 09/17/2003)

MOTION by defendant for protective order (Attachment); Notice. (fce) (Entered: 09/30/2003)

MOTION by plaintiffs' for order compelling disclosures under rule 26(a)(1) (Attachment); Notice. (fce) (Entered: 09/30/2003)

MOTION by defendant to modify case management order (Attachment); Notice. (fce) (Entered: 10/06/2003)

MOTION by defendant to limit discovery (Attachment); Notice. (fce) (Entered: 10/06/2003)

REQUEST by plaintiff for a briefing schedule with respect to defendant's motions ; Notice. (fce) (Entered: 10/07/2003)

MINUTE ORDER of 10/8/03 by Hon. P. Michael Mahoney: Filed Parties' discovery motions [18-1], [17-1]. Answer brief to motion due 10/22/03. Reply to answer brief due 10/29/03. Discovery conference held. If a party is not going to file a brief in response or reply, it is that party's obligation, within the time frame established by this order, to so notify the court in writing. Parties are to file any Rule 37 motions 48 business hours prior to any hearing; and the court will take argument and rule at the scheduled hearing. Telephonic status hearing to set hearing date set for 11:30 a.m. on 10/9/03. No notice (fce) (Entered: 10/09/2003)

RESPONSE by defendant to plaintiffs' motion for order compelling disclosures under rule 26(a)(1) [15-1](Attachment). (fce) (Entered: 10/22/2003)

RESPONSE by plaintiffs' to motion for protective order [14-1]. (fce) Modified on 10/23/2003 (Entered: 10/23/2003)

RESPONSE by plaintiff to motion to limit discovery [17-1](Attachment). (fce) (Entered: 10/23/2003)

MEMORANDUM by plaintiff in opposition to motion to modify case management order [16-1](Attachment). (fce) (Entered: 10/23/2003)

REPLY by defendant Woodward Governor Co in support of their motion for protective order [14-1]. (fce) (Entered: 10/30/2003)

REPLY by defendant in support of their motion to modify case management order [16-1] (fce) (Entered: 10/30/2003)

REPLY by defendant in support of their motion to limit discovery [17-1] (fce) (Entered: 10/30/2003)

MINUTE ORDER of 10/30/03 by Hon. P. Michael Mahoney: Enter stipulated protective order. Entered stipulated protective order Mailed notice (fce) (Entered: 10/30/2003)

UNOPPOSED MOTION by plaintiffs' to extend case management orer . (fce) (Entered: 10/31/2003)

REPORT on litigation status as of 10/31/03 by plaintiff (Attachment). (fce) (Entered: 10/31/2003)

MOTION by plaintiffs' to compel production of work force data (Attachment). (fce) (Entered: 10/31/2003)

MOTION by plaintiff to compel production of EEO-1 Reports, affirmative action plans and documents relating to OFCCP audits (Attachments). (fce) (Entered: 10/31/2003)

MOTION by plaintiffs' to compel class action discovery regarding charging parties not currently named as plaintiffs (Attachments). (fce) (Entered: 10/31/2003)

MOTION by plaintiffs' to compel class discovery regarding company-wide organizational charts, employment policies, practices and procedures, and job descriptions (Attachments). (fce) (Entered: 10/31/2003)

MOTION by plaintiffs' to compel production of documents submitted to the EEOC (Attachment). (fce) (Entered: 10/31/2003)

TRANSCRIPT of proceedings for the following date(s): 10/8/03 Before Honorable P. Michael Mahoney (fce) (Entered: 10/31/2003)

MOTION by defendant to compel more precise disclosures (Attachment). (fce) (Entered: 11/03/2003)

REQUEST by defendant for protective order and briefing schedule with respect to plaintiffs' new motions . (fce) (Entered: 11/03/2003)

OBJECTION by defendant to plaintiffs' unopposed motion to extend case management order [28-1]. (fce) (Entered: 11/04/2003)

MINUTE ORDER of 11/4/03 by Hon. P. Michael Mahoney: Discovery conference held. Defendant's motion for protective order is moot [37-1]. Defendant's motion to compel is denied [36-1]. Defendant's motion to modify CMO is granted in part [16-1]. Defendant given 15 interrogatories per plaintiff and 20 general interrogatories. Defendant's motion to limit discovery is granted in part and denied in part [17-1]. Defendant to produce data base for the past 2 years. Plaintiff's motion to extend CMO is granted in part [28-1]. Amended complaint due 12/5/03. Plaintiff's motion to compel FRCP 26(a)(1) is moot [15-1]. Plaintiff's motion to compel production of work force data is granted in part and denied in part without prejudice as to 5 year request [30-1]. Defendant to 12/2/03 to file response for the past 2 years. Plaintiff's motion to compel organizational charts etc is granted in part [33-1]. Mailed notice (fce) (Entered: 11/05/2003)

MINUTE ORDER of 11/4/03 by Hon. P. Michael Mahoney : Plaintiff's motion to compel production of EEO-1 Reports, is granted [31-1]. Defendants to produce material and file a privilege log by 11/25/03. Plaintiff's motion to compel production of documents submitted to the EEOC is granted [34-1]. #7 limited to named plaintiffs to be responded to be 11/25/03. Plaintiffs' motion to compel class discovery regarding charging parties is granted in part [32-1]. As to Document request #1, other than medical files to be produced by 11/25/03; #2 to be produced by 11/25/03; #3 Job descriptions to be produced since 1998 by 11/25/03; #4 defendant to provide corporate organizational structures as stated in open court by 11/25/03. As to interrogatory #2, response back to 1998 as to charging parties due 11/25/03; #3 respond by 11/25/03 back to 1998; #4 as to age and sex, objection sustained. Mailed notice (fce) (Entered: 11/05/2003)

MINUTE ORDER of 11/4/03 by Hon. P. Michael Mahoney: As to interrogatory #5, Defendant may respond by production of documents back to 1998 by 11/25/03; #6 defendant to respond back to 1998 by 12/2/03. As to #12, defendant to respond by 11/25/03; #13 defendant to respond to salary comparisons by 11/25/03. Discovery conference continud to 1:30 p.m. on 12/11/03. Mailed notice (fce) (Entered: 11/05/2003)

TRANSCRIPT of proceedings for the following date(s): 11/4/03 Before Honorable P. Michael Mahoney (fce) (Entered: 11/05/2003)

PRIVILEGED document log by defendant. (fce) (Entered: 11/25/2003)

TRANSCRIPT of proceedings for the following date(s): 6/20/03 Before Honorable P. Michael Mahoney (fce) (Entered: 11/26/2003)

TRANSCRIPT of proceedings for the following date(s): 7/23/03 Before Honorable P. Michael Mahoney (fce) (Entered: 11/26/2003)

AMENDED COMPLAINT [1-1] by plaintiff; adding Della Jarrett, Fred Wynne (Attachment). (fce) (Entered: 12/05/2003)

REPORT by plaintiffs' on litigation status as of 12/8/03. (fce) (Entered: 12/09/2003)

SUPPLEMENTAL memorandum by plaintiffs' in support of their motion to compel production of EEO-1 Reports, affirmative action plans and documents relating to OFCCP audits [31-1](Attachment). (fce) (Entered: 12/09/2003)

MOTION by plaintiffs' to enforce 11/4/03 order regarding documetn requests #1-2,7,12-13, and interrogatories #2-5 (Attachment); Notice. (fce) (Entered: 12/09/2003)

MOTION by plaintiffs' to compel discovery regarding photographs of plaintiff Darnel Royal (Attachment); Notice. (fce) (Entered: 12/09/2003)

REPORT by defendant regarding status of case. (fce) (Entered: 12/16/2003)

MINUTE ORDER of 12/17/03 by Hon. P. Michael Mahoney : Plaintiff's three pending motions filed. Answer brief to motion due 1/13/04. Reply to answer brief due 1/20/04. Ruling on plaintiff's three pending motions will be by mail. Status hearing held. If a party is not going to file a brief in response or reply, it is that party's obligation, within the time frame established by this order, to so notify the court in writing. Defendants given to 1/14/04 to respond to amended complaint. The court will set a date for class certification motion on 1/22/04 at 1:30 pm. Mailed notice (jmm (Entered: 12/18/2003)

MOTION by Woodward Gov Co for additional time to respond to plaintiff's first amended complaint ; Notice of filing (jmm (Entered: 01/12/2004)

MOTION by Woodward Gov Co to compel the deposition of plaintiff, Darnell Royal (Attachments); Notice of motion (jmm (Entered: 01/13/2004)

OPPOSITION by Woodward Gov Co to production of EEO-1 reports, affirmative actions plans and OFCCP audit documents, motion for protective order and brief in support of self-critial analysis privilege ; (Exhibits) (jmm (Entered: 01/14/2004)

OPPOSITION by Woodward Gov Co to motion to compel discovery regarding photographs of plaintiff Darnel Royal [50-1] and motion to enforce 11/4/03 order and [49-1] for a protective order (jmm (Entered: 01/14/2004)

RESPONSE by plaintiff to defendant's motion to compel the deposition of plaintiff, Darnell Royal [54-1] ; (Attachments) ; Notice of filing (jmm (Entered: 01/14/2004)

MINUTE ORDER of 1/14/04 by Hon. P. Michael Mahoney : Defendant's motion to compel the deposition of Darnell Royal is granted [54-1] in part. Depositions of Royal and Gonzalez to be held on 1/30/04 at 9:30 as stated in open court. No notices required, advised in open court. (jmm (Entered: 01/15/2004)

REPLY Memorandum by plaintiff in support of motion to compel discovery regarding photographs of plaintiff Darnel Royal [50-1] ; Notice of filing (jmm (Entered: 01/20/2004)

REPLY Memorandum by plaintiff in support of motion to enforce 11/4/03 order regarding document requests #1-2,7,12-13, and interrogatories #2-5 [49-1] ; (Attachment) ; Notice of filing (jmm (Entered: 01/20/2004)

REPORT by plaintiff on litigation status as of 1/22/04 ; (Attachment) ; Notice of filing (jmm (Entered: 01/20/2004)

REPLY Brief by plaintiff in support of motion to compal production of EEO-1 reports, affirmative action plans and OFCCP audits ; (Attachments) ; Notice of filing (jmm (Entered: 01/20/2004)

MOTION by Woodward Gov Co to permit class discovery in accord with amended Rule 23 and Seventh Circuit case law ; Notice of motion (jmm (Entered: 01/20/2004)

ANSWER by Woodward Gov Co and affirmative defenses to plaintiffs' first amended class action complaint [46-1] ; Notice of filing (jmm (Entered: 01/21/2004)

MOTION by Woodward Gov Co to dismiss, transfer, or stay claims of Fred Wynne based on improper venue (Exhibits); Notice of motion (jmm (Entered: 01/21/2004)

RESPONSE by plaintiffs to defendant's "motion to permit class discovery in accord with amended Rule 23 and Seventh Circuit case law" [63-1] ; (Attachments) ; Notice of filing (jmm (Entered: 01/22/2004)

MINUTE ORDER of 1/22/04 by Hon. P. Michael Mahoney : Defendant's motion to dismiss, transfer or stay claims of Fred Wynne filed. Answer brief to motion due 2/12/04. Reply to answer brief due 2/19/04. Ruling on defendant's motion to dismiss, transfer or stay claims of Fred Wynne will be by mail. Discovery conference held. If a party is not going to file a brief in response or reply, it is that party's obligation, within the time frame established by this order, to so notify the court in writing. Plaintiff's motion to enforce 11/4/03 order is withdrawn [49-1] without prejudice. Plaintiff's motion to compel is withdrawn [50-1] without prejudice based upon representations made in open court. Plaintiff's motion to extend is granted. Fact discovery cutoff as to class certification closed 4/30/04. Class certification motion due 5/14/04. Defendant's motion to permit class discovery is granted [63-1] in part and denied in part. Discovery conference continued to 2/26/04 at 1:30 pm. Mailed notice (jmm (Entered: 01/22/2004)

MINUTE ORDER of 1/26/04 by Hon. P. Michael Mahoney : For the reasons stated on the attached Memorandum Opinion and Order, plaintiff's motion to compel reports is granted. Defendant is ordered to procude the material within 14 days of this order. (For further detail see order attached to the original minute order.) Mailed notice (jmm (Entered: 01/26/2004)

TRANSCRIPT of proceedings for the following date(s): 1/14/04 Before Honorable P. Michael Mahoney (jmm (Entered: 01/27/2004)

TRANSCRIPT of proceedings for the following date(s): 1/22/04 Before Honorable P. Michael Mahoney (jmm (Entered: 01/27/2004)

UNOPPOSED MOTION by Woodward Gov Co for additional time to reply in support of its motion to dismiss, transfer or stay claims of Fred Wynne ; Notice of filing (jmm (Entered: 01/27/2004)

MOTION by plaintiffs to compel compliance with deposition schedule (Attachments); Notice of motion (jmm (Entered: 02/03/2004)

OPPOSITION by Woodward Gov Co to motion to compel compliance with deposition schedule ; (Attachments) (jmm (Entered: 02/05/2004)

MINUTE ORDER of 2/6/04 by Hon. P. Michael Mahoney : Plaintiff's motion to compel compliance with deposition schedule is granted [72-1] in part and denied in part. Parties to schedule depositions as stated on the record. Mailed notice (jmm (Entered: 02/06/2004)

MINUTE ORDER of 2/10/04 by Hon. P. Michael Mahoney : Defendant's unopposed motion for additional time to 2/26/04 to reply in support of motion to dismiss is granted [71-1]. Mailed notice (jmm (Entered: 02/10/2004)

RESPONSE by plaintiffs to defendant's motion to dismiss [65-1], transfer [65-2], or stay claims of Fred Wynne [65-3] ; (Attachments) ; Notice of filing ; (one attachment FILED UNDER SEAL) (jmm (Entered: 02/12/2004)

MOTION by plaintiffs to extend date to add parties or claims ; Notice of motion (jmm (Entered: 02/17/2004)

TRANSCRIPT of proceedings for the following date(s): 2/06/04 Before Honorable P. Michael Mahoney (jmm (Entered: 02/20/2004)

REPORT by plaintiff on litigation status as of 2/23/04 ; (Attachment) ; Notice of filing (jmm (Entered: 02/24/2004)

MOTION by plaintiffs to compel production of data redacted from employee work force data base (Attachments); Notice of motion (jmm (Entered: 02/24/2004)

MOTION by plaintiffs to quash and objections to subpoenas duces tecum served by defendant (Attachments); Notice of motion (jmm (Entered: 02/24/2004)

MOTION by Woodward Gov Co to dismiss plaintiff's unripe claims, or to require plaintiffs to add parties and claims now, or to stay discovery until plaintiffs and their claims are identified (Attachments); Notice of motion (jmm (Entered: 02/25/2004)

STATUS REPORT by Woodward Gov Co for 2/26/04 discovery conference ; Notice of filing (jmm (Entered: 02/25/2004)

REPLY by Woodward Gov Co in support of its motion to dismiss [65-1], transfer or stay claims of Fred Wynne based on improper venue ; Notice of filing (jmm (Entered: 02/26/2004)

MINUTE ORDER of 2/26/04 by Hon. P. Michael Mahoney : Plaintiff's motion to compel production of data redacted from data base filed. Brief in support of motion due 3/04/04. Answer brief to motion due 3/11/04. Ruling on plaintiff's motion to compel production of data redacted from data base will be by mail. Discovery conference held. Magistrate Judge will rule. Plaintiff's motion to quash and objections is denied without prejudice as premature. Parties to hold FRCP 37.2 conference by 3/04/04. Plaintiff's motion to extend date to add parties or claims to 4/26/04 is granted [77-1]. Defendant's motion to dismiss plaintiff's unripe claims is granted [82-1] in part as stated in open court. Discovery conference continued to 3/22/04 at 1:30 pm. Mailed notice (jmm (Entered: 02/26/2004)

RESPONSE by Woodward Gov Co to plaintiffs' 3/04/04 correspondence to the court ; (Attachments) ; Notice of filing (jmm (Entered: 03/12/2004)

MINUTE ORDER of 3/17/04 by Hon. P. Michael Mahoney : Based on the material submitted to this court by Plaintiffs' expert, and the representations made by Plaintiffs' expert in the material, this court grants Plaintiffs' Motion to Compal Production of Data Redacted from Employee Work Force Data. Defendant is ordered to produce the gender and age information from its work force data to Plaintiffs within a reasonable time. The material submitted to this court by Plaintiffs' expert will be returned to Plaintiffs' counsel. Plaintiffs' counsel is ordered to preserve the material. Mailed notice (jmm (Entered: 03/17/2004)

MOTION by plaintiffs to compel the depositions of James Halbrook and Thomas Gendron (Attachments); Notice of motion (jmm (Entered: 03/18/2004)

MOTION by Woodward Gov Co for protective order, and to quash deposition notices for Woodward Governor's CEO and President (Attachments); Notice of motion (jmm (Entered: 03/18/2004)

MOTION by plaintiff to compel the scheduling of depositions within the period for class discovery (Attachments); Notice of motion (jmm (Entered: 03/19/2004)

REPORT by plaintiffs on litigation status as of 3/18/04 ; (Attachments) ; (Notice of filing) (jmm (Entered: 03/19/2004)

STATUS REPORT by Woodward Gov Co for 3/22/04 discovery conference (jmm (Entered: 03/22/2004)

RESPONSE by plaintiffs to defendant's motion for protective order [89-1] regarding depositions of John Halbrook and Thomas Gendron ; (Attachments) ; Notice of filing (jmm (Entered: 03/22/2004)

MINUTE ORDER of 3/22/04 by Hon. P. Michael Mahoney : Discovery conference held. Plaintiff's motion to compel the scheduling of depositions [90-1] is moot. Plaintiff's motion to compel the depositions of Halbrook and Gendron is denied [88-1] without prejudice. Defendant's motion for protective order [89-1] and to quash is denied [89-2] as stated in open court. Discovery conference continued to 5/11/04 at 1:30 pm. Mailed notice (jmm (Entered: 03/23/2004)

TRANSCRIPT of proceedings for the following date(s): 2/26/04 Before Honorable P. Michael Mahoney (jmm (Entered: 03/23/2004)

TRANSCRIPT of proceedings for the following date(s): 3/22/04 Before Honorable P. Michael Mahoney (jmm (Entered: 03/23/2004)

OBJECTIONS by Woodward Gov Co to Magistrate Judge's Order [87-1] (attachments); notice of filing (jat) Modified on 03/31/2004 (Entered: 03/31/2004)

RESPONSE by plaintiffs to defendant's objections to magistrate judge's order [97-1] (attachments); notice of filing (jat) Modified on 04/08/2004 (Entered: 04/08/2004)

LETTER from Jennifer Soule (jmm (Entered: 04/12/2004)

MINUTE ORDER of 4/12/04 by Hon. Philip G. Reinhard: Defendant's motion to dismiss [65-1], stay [65-3] or transfer [65-2] the claims of Fred Wynne based on improper venue is denied without prejudice as premature. Motion is premised on defendant's argument that venue for Wynn's Title VII claim is not proper in this court and that venue for Title VII claims (42 USC, section 2000e-5 (f)(3)) controls even if venue for Wynne's section 1981 claim is proper here. However, Wynne does not have a pending Title VII claim in this court. Defendant may renew the motion if Wynne brings a Title VII claim. mailed notice (jat) (Entered: 04/13/2004)