Case: Shepherd v. U.S. Olympic Committee

1:99-cv-02077 | U.S. District Court for the District of Colorado

Filed Date: Oct. 26, 1999

Closed Date: 2008

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Case Summary

On October 26, 1999, a disabled athlete and employee of the Paralympic Games sued the U.S. Olympic Committee (USOC) in the U.S. District Court for the District of Colorado, claiming the USOC gave better training, benefits, and rewards to non-disabled olympic athletes, in violation of Title III of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12181 et seq.; and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794. As an employee of the USOC, he also sued under Title I of the ADA for e…

Although the Court never specifically ordered consolidation, a June 14, 2006 an order consolidated the Shepherd Case with Hollonbeck v. U.S. Olympic Committee, also filed in the District of Colorado before Judge Kane. The facts are largely analogous - paralympic athlete sued the USOC for discrimination in training, accommodations, funding, and so forth. Many other motions and appeals were consolidated in the two cases after the June 14, 2006 order.

Specifically, Plaintiff claimed the USOC provided benefits to non-disabled olympic athletes, including tuition assistance, health insurance, financial support, access to training facilities, and rewards for medals achieved in the Olympic Games. The USOC provided either inferior benefits to paralympic athletes or no benefits at all. Count II of the complaint alleged violation of

Additionally, the plaintiff's position at the USOC required that he promote awareness of disabled sports and promote them, among other functions. The complaint alleged that the USOC failed to provide him with pay, advancements, bonuses, budgeting, support staff, and promotions that it provided to similarly situated non-disabled employees of the USOC. The plaintiff also alleged retaliatory termination.

The plaintiff sought declaratory, injunctive and monetary relief.

On April 20, 2000, the District Court addressed the USOC's motions for summary judgment and to strike, with varied results. A summary of this order appears on the docket. The parties then engaged in a lengthy discovery battle, in which several third parties sought protective orders. On September 21, 2005, the District Court denied the defendant's motion to dismiss and on June 14, 2006, the District Court ordered the parties to submit proposed orders regarding the viability of Counts I and II of the complaint, the "athlete" claims under the ADA and Rehabilitation Act. Shepherd v. U.S. Olympic Committee, No. 99-2077, 2006 U.S. Dist. LEXIS 39295 (D. Colo. Jun. 14, 2006). This order also consolidated similar motions for summary judgment by the defendants in Hollonbeck v. U.S. Olympic Committee, mentioned above.

On November 16, 2006, in a published order, the District Court granted the defendants' motion to dismiss Counts II and III, the "athlete" counts, leaving only the "employment" counts, I and IV. Shepherd v. U.S. Olympic Committee, 464 F. Supp. 2d 1072 (D. Colo. 2006). The Court found many parts of the claims problematic: the training facilities were not really "public accommodations" because they were limited to athletes preselected by the USOC; and the ASA separated the Olympics and Paralympics programs and created separate governing bodies, thus plaintiffs had not been "excluded." On January 10, 2007, final judgment was entered against the plaintiff as to Counts II and III. In this order, the court also granted the plaintiff's motion for partial summary adjudication regarding the employment claims.

On July 2, 2007, the docket indicates that a 2 week jury trial was scheduled for February 18 to 29, 2008. It appears the parties settled the employment-related claims. The case was dismissed with prejudice by stipulation on January 10, 2008. No settlement agreement is publicly available at this time.

The Tenth Circuit Court of Appeals consolidated the Shepherd and Hollonbeck cases on Plaintiff's appeal of the District Court's grant of the defendant's motion to dismiss the "athlete" claims. Judge Paul J. Kelly, Jr., writing for himself and Judge Jerome A. Holmes upheld the District Court's dismissal, finding that although the USOC's policy resulted in disparate impact on disabled athletes, this did not state a claim under the ADA and the Rehabilitation Act. Judge William J. Holloway, Jr. dissented and would have reversed the District Court. Hollonbeck v. U.S. Olympic Committee, 513 F.3d 1191 (10th Cir. 2008). There has been no further development in this case.

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Summary Authors

Eric Weiler (7/1/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4703140/parties/shepherd-v-us-olympic-committee/

Judge(s)

Attorney for Plaintiff

Breeskin, Michael Wayne (Colorado)

Attorney for Defendant

Asperger, James R. (California)

Bernhardt, Susan (Colorado)

Butler, Edward John (Colorado)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (Missouri)

Judge(s)

Hegarty, Michael E. (Colorado)

Holloway, William Judson Jr. (Oklahoma)

Holmes, Jerome A. (Oklahoma)

Kane, John L. Jr. (Colorado)

Kelly, Paul Joseph Jr. (New Mexico)

Attorney for Plaintiff

Breeskin, Michael Wayne (Colorado)

Faley, Andrea E. (Colorado)

Fox, Timothy Patrick (Colorado)

Greisen, Paula Dee (Colorado)

Jeffries, Countess Pease (California)

Killmer, Darold W. (Colorado)

Krichiver, Ari Reuben (Colorado)

Newman, Mari Anne (Colorado)

Robertson, Amy Farr (Colorado)

Williams, Kevin William (Colorado)

Attorney for Defendant

Asperger, James R. (California)

Bernhardt, Susan (Colorado)

Butler, Edward John (Colorado)

Cook, John William (Colorado)

Deeny, Raymond Miles (Colorado)

George, Jeffrey S. (Colorado)

Handman, Christopher Todd (District of Columbia)

Mackender, Darin L (Colorado)

Morgan, Virginia Starr (Colorado)

Turner, Anne Hall (Colorado)

Webber, Nancy Dawn (Colorado)

Expert/Monitor/Master/Other

Bagenstos, Samuel R. (Missouri)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:99-cv-02077	Docket Shepherd v. United States Olympic Committee	April 29, 2008	April 29, 2008 Docket
1:99-cv-02077	Plaintiff's Supplemental Brief In Support Of His Motion For Partial Summary Judgment Pursuant To Fed. R. Civ. P. 56(a) Shepherd v. United States Olympic Committee	Sept. 21, 2001	Sept. 21, 2001 Pleading / Motion / Brief
1:99-cv-02077	Second Amended Complaint Shepherd v. United States Olympic Committee	Oct. 9, 2001	Oct. 9, 2001 Complaint
141 1:99-cv-02077	Plaintiff's Memorandum In Support Of His Motion For Partial Summary Adjudication Shepherd v. United States Olympic Committee	Sept. 18, 2002	Sept. 18, 2002 Pleading / Motion / Brief
145 1:99-cv-02077	Plaintiffs' Memorandum In Opposition To The USOC's Motion For Summary Judgment On Plaintiff's Second And Third Claims For Relief Shepherd v. United States Olympic Committee	Oct. 9, 2002	Oct. 9, 2002 Pleading / Motion / Brief
148 1:99-cv-02077	Plaintiff's Reply Memorandum In Support Of His Motion For Partial Summary Adjudication Shepherd v. United States Olympic Committee	Oct. 16, 2002	Oct. 16, 2002 Pleading / Motion / Brief
177 1:99-cv-02077	Defendant's Submission Of Recently-Decided Authority In Support Of Its Response In Opposition To Plaintiff's Motion For Summary judgment Shepherd v. United States Olympic Committee	Sept. 19, 2005	Sept. 19, 2005 Pleading / Motion / Brief
189 1:99-cv-02077 1:03-cv-01364	Opinion [Directing Parties To File Authorities Re Parties' Motions For Summary Judgment And Defendant's Motion To Dismiss] Shepherd v. United States Olympic Committee	June 14, 2006	June 14, 2006 Order/Opinion 2006 U.S.Dist.LEXIS 39295
196 1:99-cv-02077	Memorandum Opinion And Order Granting Defendants' Dispositive Motions Re Athlete Claims Shepherd v. United States Olympic Committee	Nov. 16, 2006	Nov. 16, 2006 Order/Opinion 464 F.Supp.2d 1072
205 1:99-cv-02077	Direction Of Final Judgment Pursuant To F.R.C.P. Rule 54(b) Shepherd v. United States Olympic Committee	Jan. 10, 2007	Jan. 10, 2007 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4703140/shepherd-v-us-olympic-committee/

Last updated April 7, 2025, 10:48 a.m.

ECF Number	Description	Date	Link Date / Link
	FILING FEE PAID: on 10/26/99 in the amount of $ 150, receipt # 210585. (former empl) (Entered: 10/26/1999)	Oct. 26, 1999	Oct. 26, 1999
1	COMPLAINT (Summons(es) issued); jury demand (former empl) (Entered: 10/26/1999)	Oct. 26, 1999	Oct. 26, 1999
	FILING FEE PAID: on 10/26/99 in the amount of $ 150, receipt # 210585. (former empl)	Oct. 26, 1999	Oct. 26, 1999
2	MOTION by defendant US Olympic Committee to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c), and to strike pursuant to Rule 12(f) (former empl) Modified on 11/29/1999 (Entered: 11/29/1999)	Nov. 24, 1999	Nov. 24, 1999
3	BRIEF by defendant US Olympic Committee in support of motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2] (former empl) (Entered: 11/29/1999)	Nov. 24, 1999	Nov. 24, 1999
4	MINUTE ORDER by Judge John L. Kane regarding [2-1] motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c), regarding [2-2] motion to strike pursuant to Rule 12(f), response due 12/14/99, reply due 12/24/99 (cc: all counsel) ; entry date : 12/1/99 (former empl) (Entered: 12/01/1999)	Nov. 30, 1999	Nov. 30, 1999
5	Ex Parte MOTION by defendant Intl Olympic Comm to extend time to 12/28/99 to answer (former empl) (Entered: 12/14/1999)	Dec. 13, 1999	Dec. 13, 1999
6	BRIEF by plaintiff in opposition to motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2]; evidentiary objection to afdt of John Samuelson (former empl) Modified on 12/14/1999 (Entered: 12/14/1999)	Dec. 14, 1999	Dec. 14, 1999
7	MINUTE ORDER by Judge John L. Kane granting motion to extend time to 12/28/99 to answer [5-1] (cc: all counsel) entry date : 12/15/99 (former empl) (Entered: 12/15/1999)	Dec. 14, 1999	Dec. 14, 1999
8	REPLY by defendant US Olympic Committee to response to motion to dismiss pursuant to Rule 12(b)(6) or for summary jgm pursuant to Rule 56(c) [2-1], motion to strike pursuant to Rule 12(f) [2-2] (gms) (Entered: 12/28/1999)	Dec. 27, 1999	Dec. 27, 1999
9	MOTION by defendant Intl Olympic Comm to dismiss for lack of personal jurisdiction (lam) (Entered: 12/29/1999)	Dec. 28, 1999	Dec. 28, 1999
10	MINUTE ORDER by Judge John L. Kane regarding [9-1] motion to dismiss for lack of personal jurisdiction, response due 1/20/00, reply due 1/30/00 (cc: all counsel) ; entry date : 1/3/00 (former empl) (Entered: 01/03/2000)	Dec. 30, 1999	Dec. 30, 1999
11	LETTER to court from counsel for defendant US Olympic Committee requesting addition to mailing list (note: no entry of appearance filed; counsel has not signed any pleadings) (former empl) (Entered: 01/12/2000)	Jan. 5, 2000	Jan. 5, 2000
12	ATTORNEY APPEARANCE for defendant US Olympic Committee by John William Cook, Virginia S. Morgan (former empl) (Entered: 01/18/2000)	Jan. 14, 2000	Jan. 14, 2000
13	BRIEF by plaintiff in opposition to motion to dismiss for lack of personal jurisdiction [9-1]; afdt of Peter L. Warren (former empl) (Entered: 01/19/2000)	Jan. 19, 2000	Jan. 19, 2000
14	MOTION by defendant Intl Olympic Comm to extend time to 2/4/00 to respond to brief in opp to motion to dismiss (former empl) (Entered: 01/28/2000)	Jan. 27, 2000	Jan. 27, 2000
15	ORDER by Judge John L. Kane granting motion to extend time to 2/4/00 to respond to brief in opp [14-1], regarding [9-1] motion to dismiss for lack of personal jurisdiction (cc: all counsel) ; entry date : 1/28/00 (former empl) (Entered: 01/28/2000)	Jan. 27, 2000	Jan. 27, 2000
16	REPLY by defendant Intl Olympic Comm to brief in opp to motion to dismiss for lack of personal jurisdiction [9-1] (former empl) (Entered: 02/07/2000)	Feb. 4, 2000	Feb. 4, 2000
17	MEMORANDUM, OPINION, AND ORDER by Judge John L. Kane: granting dft IOC's motion to dismiss for lack of personal jurisdiction [9-1] and dismissing case against dft Intl Olympic Comm with each party to pay own costs; dft USOC's motion to dismiss purs to FRCP 12(b)(6) or in the alternative for summary jgm purs to FRCP 56(c) [2-1], and motion to strike purs to FRCP 56(c) [2-2] is granted insofar as it seeks to dismiss the claims 1, 2 and 3 w/out prejudice for failure to exhaust administrative remedies; denied insofar as it seeks dismissal of claims 4-17; granted insofar as it seeks to dismiss the 18th and 19th claims w/out prejudice; denied insofar as it seeks dismissal of the 20 claim; granted insofar as it seeks to strike as immaterial the claim for punitive damages for alleged breach of contract; granted insofar as it seeks dismissal of the 21st claim w/prejudice; denied insofar as it seeks dismissal of the 22nd claim; granted insofar as it seeks dismissal of the 23rd claim w/out prejudice; denied insofar as it seeks to dismiss the reqs for damages for emotional pain & suffering (cc: all counsel) ; entry date : 4/21/00 (lam) (Entered: 04/21/2000)	April 20, 2000	April 20, 2000
18	ANSWER by defendant to complaint [1-1] (former empl) (Entered: 05/04/2000)	May 3, 2000	May 3, 2000
19	Minute ORDER FOR RULE 16 CONFERENCE by Judge John L. Kane ; Rule 16 conference set for 9:30 6/5/00 (cc: all counsel) (gms) (Entered: 05/08/2000)	May 5, 2000	May 5, 2000
20	COURTROOM MINUTES OF SCHED CONF by Judge John L. Kane rule 16 conf held on 6/5/00 ; entry date : 6/6/00 Court Reporter: Paul Zuckerman (former empl) (Entered: 06/06/2000)	June 5, 2000	June 5, 2000
21	Stipulated SCHEDULING & Discovery ORDER Judge John L. Kane discovery cutoff 3/30/01; dispositive motions due 4/30/01 (cc: all counsel) (former empl) (Entered: 06/06/2000)	June 5, 2000	June 5, 2000
22	MOTION by Natl Archery Assoc, USA Shooting, USA Cycling, Inc., USA Swimming, United States Water Polo, United States Amateur Boxing, The United States Figure Skating Association and U.S. Modern Pentathlon Association for protective orders and to quash subpoenas (former empl) (Entered: 08/22/2000)	Aug. 18, 2000	Aug. 18, 2000
23	Third-Party Witnesses SUPPLEMENT to motion for protective orders and to quash subpoenas [22-1] Adds USA Track & Field association as a movant (former empl) (Entered: 08/22/2000)	Aug. 21, 2000	Aug. 21, 2000
24	MINUTE ORDER : by Judge John L. Kane setting hearing on motion for protective orders and to quash subpoenas [22-1] 9:30 9/5/00 (cc: all counsel) ; entry date : 8/23/00 (former empl) (Entered: 08/23/2000)	Aug. 22, 2000	Aug. 22, 2000
25	Second SUPPLEMENT adding USA Hockey, Inc. to motion of third party witnesses for protective orders and to quash subpoenas [22-1] (former empl) (Entered: 08/24/2000)	Aug. 23, 2000	Aug. 23, 2000
26	Third Party SUPPLEMENT by to third party motion for protective orders and to quash subpoenas [22-1] (former empl) (Entered: 08/29/2000)	Aug. 28, 2000	Aug. 28, 2000
27	AFFIDAVIT of Countess Pease Jeffries in opposition to motion for protective orders and to quash subpoenas [22-1] Request for Attorneys Fees/Sanctions (former empl) (Entered: 08/30/2000)	Aug. 30, 2000	Aug. 30, 2000
28	Addenda (APPENDIX) filed to affidavit [27-1] (former empl) (Entered: 08/30/2000)	Aug. 30, 2000	Aug. 30, 2000
29	COURTROOM MINUTES by Judge John L. Kane denying third-party witnesses motion for protective orders and granting motion to quash subpoenas [22-1]; request for attorney's fees is denied. ORDERED: By 9/20/00 pla shall serve requests for production and request for admissiions on dft. Answers are due 10/20/00. No extensions. Except for production and admissions no and other discovery proceedings are stayed ; entry date : 9/5/00 Court Reporter: Geneva Mattei (former empl) (Entered: 09/05/2000)	Sept. 5, 2000	Sept. 5, 2000
30	TRANSCRIPT of Motion for Protective Orders on 9/5/00 before Judge Kane ( pages: 14) Prepared By: Federal Reporting Service (certified copy) (former empl) (Entered: 01/23/2001)	Jan. 22, 2001	Jan. 22, 2001
31	STATUS REPORT re discovery by plaintiff (former empl) (Entered: 01/23/2001)	Jan. 22, 2001	Jan. 22, 2001
32	MOTION by plaintiff for partial summary judgment (former empl) (Entered: 01/23/2001)	Jan. 22, 2001	Jan. 22, 2001
33	EXHIBITS (8 Volumes) by plaintiff Mark E. Shepherd to motion for partial summary judgment [32-1] (former empl) (Entered: 01/23/2001)	Jan. 22, 2001	Jan. 22, 2001
34	MINUTE ORDER : by Judge John L. Kane regarding [31-1] status report dft shall respond by 2/5/01. (cc: all counsel) ; entry date : 1/24/01 (former empl) (Entered: 01/24/2001)	Jan. 23, 2001	Jan. 23, 2001
35	NOTICE by plaintiff's counsel of unavailability (former empl) (Entered: 01/24/2001)	Jan. 23, 2001	Jan. 23, 2001
36	Request (MOTION) by defendant for scheduling conf (former empl) (Entered: 01/26/2001)	Jan. 25, 2001	Jan. 25, 2001
37	MOTION by plaintiff for leave to file first amendment to the complaint [1-1] (former empl) (Entered: 01/29/2001)	Jan. 26, 2001	Jan. 26, 2001
38	Amendment by dft to response to pla's status report and (AMENDED MOTION) request for scheduling conf regarding motion for scheduling conf [36-1] (former empl) (Entered: 01/29/2001)	Jan. 26, 2001	Jan. 26, 2001
39	REPLY by plaintiff to response [36-1] to pla's status report, affidavit of Countess Pease Jeffries (former empl) (Entered: 02/02/2001)	Feb. 1, 2001	Feb. 1, 2001
40	MOTION by defendant for an extension of time to fiel opp brief (former empl) (Entered: 02/02/2001)	Feb. 1, 2001	Feb. 1, 2001
41	MINUTE ORDER : by Judge John L. Kane granting motion for an extension of time to 3/19/01 to file opp brief [40-1] Pla may reply by 3/30/01 (cc: all counsel) ; entry date : 2/2/01 (former empl) (Entered: 02/02/2001)	Feb. 1, 2001	Feb. 1, 2001
42	MINUTE ORDER : by Judge John L. Kane granting pla's motion for leave to file first amendment to the complaint [1-1] [37-1] (cc: all counsel) ; entry date : 2/5/01 (former empl) (Entered: 02/05/2001)	Feb. 2, 2001	Feb. 2, 2001
43	First AMENDment to the COMPLAINT [1-1] by plaintiff (former empl) (Entered: 02/05/2001)	Feb. 2, 2001	Feb. 2, 2001
46	2nd MOTION by defendant for extension of time to file opposition brief to 3/26/01 (former empl) (Entered: 03/08/2001)	Feb. 6, 2001	Feb. 6, 2001
44	ANSWER by defendant to first amendment to complaint [43-1] (former empl) (Entered: 02/12/2001)	Feb. 9, 2001	Feb. 9, 2001
45	MINUTE ORDER : by Judge John L. Kane granting dft's request for scheduling conf [38-1] ; rule 16 conference set for 2:00 5/1/01 (cc: all counsel) ; entry date : 2/26/01 (former empl) (Entered: 02/26/2001)	Feb. 22, 2001	Feb. 22, 2001
47	MINUTE ORDER : by Judge John L. Kane granting dft's motion for extension of time to file opposition brief to 3/30/01 [46-1] Pla shall have to 4/10/01 to reply (cc: all counsel) ; entry date : 3/8/01 (former empl) (Entered: 03/08/2001)	March 7, 2001	March 7, 2001
48	Opposition (RESPONSE) by plaintiff to dft's 2nd motion for extension of time to file opposition brief to 3/26/01 [46-1] (former empl) (Entered: 03/12/2001)	March 8, 2001	March 8, 2001
49	Unopposed MOTION by defendant for leave to file oversized brief in opp to pla's mtn for partial sum jgm (former empl) (Entered: 03/22/2001)	March 21, 2001	March 21, 2001
50	MOTION by plaintiff for sanctions and afdt of Countes Pease Jeffries (former empl) (Entered: 03/29/2001)	March 28, 2001	March 28, 2001
51	RESPONSE by defendant to in opp to pla's motion for partial summary judgment [32-1] (former empl) (Entered: 04/02/2001)	March 30, 2001	March 30, 2001
53	Separate RESPONSE by defendant to pla's separate stmt of uncontroverted facts (former empl) (Entered: 04/04/2001)	March 30, 2001	March 30, 2001
52	MINUTE ORDER : by Judge John L. Kane granting dft's unopposed motion for leave to file oversized brief in opp to pla's mtn for partial sum jgm [49-1] (cc: all counsel) ; entry date : 4/3/01 (former empl) (Entered: 04/03/2001)	April 2, 2001	April 2, 2001
54	MINUTE ORDER : by Judge John L. Kane denying as premature pla's motion for sanctions [50-1] with leave to re-file if appropriate following court's decision on mtn for sum jgm. (cc: all counsel) ; entry date : 4/6/01 (former empl) (Entered: 04/06/2001)	April 5, 2001	April 5, 2001
55	Evidentiary objs and MOTION by plaintiff to strike (certain exhibits to motion response [51-1]) (former empl) (Entered: 04/12/2001)	April 10, 2001	April 10, 2001
56	REPLY by plaintiff to dft's opposition to pla's motion for partial summary judgment [32-1] (former empl) (Entered: 04/12/2001)	April 10, 2001	April 10, 2001
57	MINUTE ORDER : by Judge John L. Kane regarding [55-1] motion to strike (certain exhibits to motion response [51-1]) Dft shall respond on or before 5/1/01. Pla shall reply on or before 5/11/01 (cc: all counsel) ; entry date : 4/17/01 (erv) (Entered: 04/17/2001)	April 13, 2001	April 13, 2001
58	Application (MOTION) by plaintiff for continuance of scheduling conference set 5/1/01 (gms) (Entered: 04/23/2001)	April 18, 2001	April 18, 2001
59	RESPONSE by defendant US Olympic Committee in opposition to motion for continuance of scheduling conference set 5/1/01 [58-1] (gms) (Entered: 04/23/2001)	April 19, 2001	April 19, 2001
60	MINUTE ORDER : by Judge John L. Kane denying pla's application (motion) for continuance of scheduling conference set 5/1/01 [58-1] (cc: all counsel) ; entry date : 4/25/01 (former empl) (Entered: 04/25/2001)	April 24, 2001	April 24, 2001
61	MINUTE ORDER : by Judge John L. Kane ; rule 16 conference time changed to 3:00 on 5/1/01 (cc: all counsel) ; entry date : 4/27/01 (former empl) (Entered: 04/27/2001)	April 26, 2001	April 26, 2001
62	Supplement to Stipulated Scheduling and Discovery Order: AFFIDAVIT of Countess Pease Jeffries, Esq. (former empl) (Entered: 05/01/2001)	April 30, 2001	April 30, 2001
63	MINUTE ORDER : by Judge John L. Kane Vacating rule 16 conf scheduled for 5/1/01 (cc: all counsel) ; entry date : 5/1/01 (former empl) (Entered: 05/01/2001)	May 1, 2001	May 1, 2001
64	RESPONSE in Opposition by defendant US Olympic Committee to Pltf's Evidentiary Objections and motion to strike (certain exhibits to motion response [51-1]) [55-1] (former empl) (Entered: 05/02/2001)	May 1, 2001	May 1, 2001
65	ORDER on Scheduling and Case Management Issues Judge John L. Kane ; Discovery cutoff 11/30/01 ;dispositive motions due 12/28/01 (cc: all counsel) (former empl) (Entered: 05/08/2001)	May 7, 2001	May 7, 2001
66	REPLY by plaintiff to response to motion to strike (certain exhibits to motion response [51-1]) [55-1] (former empl) (Entered: 05/10/2001)	May 10, 2001	May 10, 2001
67	ADDENDA TO STIPULATED SCHEDULING AND DISCOVERY ORDER by plaintiff (former empl) (Entered: 05/15/2001)	May 14, 2001	May 14, 2001
	Tendered Amended Answer and Amended Answer to First Amendment to Complaint submitted by defendant US Olympic Committee re: motion to File Amended Answer and Amended Answer to First Amendment to Complaint [68−1] (former empl) (Entered: 08/10/2001)	Aug. 10, 2001	Aug. 10, 2001
68	MOTION by defendant US Olympic Committee to File Amended Answer and Amended Answer to First Amendment to Complaint (former empl) (Entered: 08/10/2001)	Aug. 10, 2001	Aug. 10, 2001
	Tendered Amended Answer and Amended Answer to First Amendment to Complaint submitted by defendant US Olympic Committee re: motion to File Amended Answer and Amended Answer to First Amendment to Complaint [68-1] (former empl)	Aug. 10, 2001	Aug. 10, 2001
69	MINUTE ORDER : by Judge John L. Kane granting motion to File Amended Answer and Amended Answer to First Amendment to Complaint [68-1] (cc: all counsel) ; entry date : 8/14/01 (former empl) (Entered: 08/14/2001)	Aug. 13, 2001	Aug. 13, 2001
70	AMENDED ANSWER and Amended Answer to First Amendment to Complaint [44-1], [18-1] by defendant US Olympic Committee (former empl) (Entered: 08/14/2001)	Aug. 13, 2001	Aug. 13, 2001
71	MOTION by plaintiff for Withdrawal and Substitution of Counsel (w/drawing Countess Jeffries and substituting Timothy P. Fox, Amy F. Robertson, Michael W. Breeskin, Darold Killmer, Paula Greisen & Andrea Faley (former empl) (Entered: 09/17/2001)	Sept. 14, 2001	Sept. 14, 2001
72	MINUTE ORDER : by Judge John L. Kane granting motion for Withdrawal and Substitution of Counsel (w/drawing Countess Jeffries and substituting Timothy P. Fox, Amy F. Robertson, Michael W. Breeskin, Darold Killmer, Paula Greisen & Andrea Faley [71-1] attorney Countess Pease Jeffries for Mark E. Shepherd (cc: all counsel) ; entry date : 9/19/01 (former empl) (Entered: 09/19/2001)	Sept. 18, 2001	Sept. 18, 2001
	Tendered Pltf's Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) submitted by plaintiff re: motion for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) [73−1] (former empl) (Entered: 09/21/2001)	Sept. 21, 2001	Sept. 21, 2001
73	MOTION by plaintiff for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) (former empl) (Entered: 09/21/2001)	Sept. 21, 2001	Sept. 21, 2001
	Tendered Pltf's Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) submitted by plaintiff re: motion for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) [73-1] (former empl)	Sept. 21, 2001	Sept. 21, 2001
74	MOTION by plaintiff to amend schedule order [65-1] (former empl) (Entered: 09/21/2001)	Sept. 21, 2001	Sept. 21, 2001
75	MOTION by plaintiff for Protective Order Regarding the Deposition of Plaintiff Shepherd (former empl) (Entered: 09/24/2001)	Sept. 24, 2001	Sept. 24, 2001
76	MINUTE ORDER : by Judge John L. Kane granting motion for Leave to Submit a Supplemental Brief in Support of His Motion for Partial Sum Jgm Pursuant to FRCvP 56(a) [73-1] and Dfts may file a suppl response by 10/5/01 (cc: all counsel) ; entry date : 9/25/01 (former empl) (Entered: 09/25/2001)	Sept. 24, 2001	Sept. 24, 2001
77	Supplemental BRIEF by plaintiff in support of motion for partial summary judgment [32-1] pursuant to Fed.R.Civ.P. 56(a) (former empl) (Entered: 09/25/2001)	Sept. 24, 2001	Sept. 24, 2001
78	MINUTE ORDER : by Judge John L. Kane granting motion for Protective Order Regarding the Deposition of Plaintiff Shepherd [75-1]; hearing on sanctions previously set 10/9/01 10:00 (cc: all counsel) ; entry date : 9/28/01 (pap) (Entered: 09/28/2001)	Sept. 27, 2001	Sept. 27, 2001
79	MINUTE ORDER : by Judge John L. Kane setting hearing on pla's motion to amend schedule order [65-1] [74-1] 10:00 10/9/01 (cc: all counsel) ; entry date : 9/28/01 (pap) (Entered: 09/28/2001)	Sept. 27, 2001	Sept. 27, 2001
80	RESPONSE by defendant US Olympic Committee to pla's motion to amend schedule order [65-1] [74-1] and pla's motion for Protective Order Regarding the Deposition of Plaintiff Shepherd [75-1] (gms) (Entered: 10/01/2001)	Sept. 28, 2001	Sept. 28, 2001
81	STIPULATION re: 1) Pltf's Motion to Modify Case Management Order; 2) Dft's Withdrawal of Affirmative Defense; 3) Pltf's Motion for Leave to File Amended Complaint by plaintiff Mark E. Shepherd, defendant US Olympic Committee (former empl) (Entered: 10/09/2001)	Oct. 5, 2001	Oct. 5, 2001
	Tendered Second Amended Complaint submitted by plaintiff re: motion for leave to File a Second Amended Complaint [82−1] (former empl) (Entered: 10/09/2001)	Oct. 9, 2001	Oct. 9, 2001
82	Unopposed MOTION by plaintiff for leave to File a Second Amended Complaint (former empl) (Entered: 10/09/2001)	Oct. 9, 2001	Oct. 9, 2001
	Tendered Second Amended Complaint submitted by plaintiff re: motion for leave to File a Second Amended Complaint [82-1] (former empl)	Oct. 9, 2001	Oct. 9, 2001
83	MINUTE ORDER : by Judge John L. Kane denying as moot motion to amend schedule order [65-1] [74-1] and motion to strike (certain exhibits to motion response [51-1]) [55-1] (cc: all counsel) ; entry date : 10/10/01 (former empl) (Entered: 10/10/2001)	Oct. 9, 2001	Oct. 9, 2001
84	COURTROOM MINUTES by Judge John L. Kane denying w/o prej as being moot motion for partial summary judgment [32-1], granting motion for leave to File a Second Amended Complaint [82-1] ; Pltf's Oral Motion to Include the Work Willful in Describing Dft's Conduct in Count Four of the Second Amended Complaint is granted; Court will not consider sanctions on Pltf's former cnsl unless a motion is filed and served on former cnsl. Sanctions will also not be imposed on present cnsl because of their current efforts. Atty fees shall not be assessed entry date : 10/10/01 Court Reporter: ECR (former empl) (Entered: 10/10/2001)	Oct. 9, 2001	Oct. 9, 2001
85	SECOND AMENDED COMPLAINT [43-1] by plaintiff; jury demand (former empl) (Entered: 10/10/2001)	Oct. 10, 2001	Oct. 10, 2001
86	TRANSCRIPT of Hearing on 10/9/01 before Judge Kane, Jr. ( pages: 20) Prepared By: Fed Rpting Svc (certified copy) (former empl) (Entered: 10/24/2001)	Oct. 23, 2001	Oct. 23, 2001
87	ANSWER by defendant to second amended complaint [85-1] (former empl) (Entered: 10/25/2001)	Oct. 24, 2001	Oct. 24, 2001
	Tendered Third Amended Complaint submitted by plaintiff re: motion to file third amended complaint [85−1] [88−1] (pap) (Entered: 12/31/2001)	Dec. 28, 2001	Dec. 28, 2001
88	Unopposed MOTION by plaintiff to file third amended complaint [85-1] (pap) (Entered: 12/31/2001)	Dec. 28, 2001	Dec. 28, 2001
	Tendered Third Amended Complaint submitted by plaintiff re: motion to file third amended complaint [85-1] [88-1] (pap)	Dec. 28, 2001	Dec. 28, 2001
89	MINUTE ORDER : by Judge John L. Kane granting motion to file third amended complaint [85-1] [88-1] (cc: all counsel) ; entry date : 1/3/02 (former empl) (Entered: 01/03/2002)	Jan. 3, 2002	Jan. 3, 2002
90	THIRD AMENDED COMPLAINT [85-1] by plaintiff; jury demand (former empl) (Entered: 01/03/2002)	Jan. 3, 2002	Jan. 3, 2002