Case: EEOC v. Oldcastle SW Group, Inc.

1:08-cv-01385 | U.S. District Court for the District of Colorado

Filed Date: June 30, 2008

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On June 30, 2008, the Equal Employment Opportunity Commission brought this action in the District Court of Colorado (Judge Edward W. Nottingham), alleging that defendant Oldcastle engaged in unlawful discriminatory employment practices. Such discriminatory practices included statements reflecting gender bias, failure to respond to complaints of sexual harassment by employees, and the termination of employees who complained of such practices. Plaintiff sought relief under 42 U.S.C. §2000e and …
On June 30, 2008, the Equal Employment Opportunity Commission brought this action in the District Court of Colorado (Judge Edward W. Nottingham), alleging that defendant Oldcastle engaged in unlawful discriminatory employment practices. Such discriminatory practices included statements reflecting gender bias, failure to respond to complaints of sexual harassment by employees, and the termination of employees who complained of such practices. Plaintiff sought relief under 42 U.S.C. §2000e and 42 U.S.C. § 1981a. Plaintiff sought damages for the affected parties in the form of backpay, front pay, future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses. Plaintiff also sought a permanent injunction enjoining defendant from engaging in any employment policy or practice which discriminates against women, or retaliates against employees who report gender discrimination.On October 20, 2008, the District Court of Colorado (Judge Edward W. Nottingham) granted a Motion to Intervene by individuals who were previously employed by the Defendant, terminated by the defendant and who had filed a Charge of Discrimination.On October 20, 2008, the Intervenor Plaintiffs filed a complaint alleging denial of equal employment. This discrimination included gender discrimination in violation of section 703(a) of Title VII, 42 U.S.C. §2000e-2(a), denial of equal employment for individuals engaging in protected activity under §704 of Title VII, 42 U.S.C. §2000e-4(a), and discrimination against a "qualified individual with a disability" as defined by the ADA. Intervenor Plaintiffs then filed an Amended Complaint in Intervention on October 31, 2008.On February 9, 2010, the parties reached an agreement and the EEOC filed a Motion to Enter Consent Decree on February 16, 2010. Under the terms of the consent decree, Defendant was permanently enjoined from discriminating against any employee or applicant because of sex, or from retaliating against any employee, applicant, or class member for his or her participation in the EEOC process. Defendant agreed to submit to an EEO training program for new and current employees. Defendant was also to work with a consultant in developing policies to guard against discriminatory decision-making. In addition to these changes in behavior, Defendant was to pay $498,000 to the Intervenor Plaintiffs and their counsel.On February 23, 2010 the parties stipulated to the dismissal of the Intervenor Plaintiffs, and on February 26, 2010 Judge Christine M. Arguello entered the consent decree.The decree was entered in 2010 and scheduled to last until 2013. No further docket entries exist, so the case is closed.

Summary Authors

David Priddy (6/23/2011)

Clearinghouse (12/3/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4906948/parties/equal-employment-opportunity-commission-v-oldcastle-sw-group-inc/


Judge(s)

Arguello, Christine M. (Colorado)

Boland, Boyd N. (Colorado)

Attorney for Plaintiff

Cooper, Ronald S. (District of Columbia)

Kittle, Rita Byrnes (Colorado)

Attorney for Defendant
Expert/Monitor/Master/Other

Feiger, Lynn D. (Colorado)

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Documents in the Clearinghouse

Document

1:08-cv-01385

Docket

Feb. 26, 2010

Feb. 26, 2010

Docket
1

1:08-cv-01385

Complaint

June 30, 2008

June 30, 2008

Complaint
10

1:08-cv-01385

Motion to Intervene as of Right as Parties Plaintiff

Oct. 14, 2008

Oct. 14, 2008

Pleading / Motion / Brief
13

1:08-cv-01385

Order Granting Motion to Intervene as of Right as Parties Plaintiff

Oct. 20, 2008

Oct. 20, 2008

Order/Opinion
14

1:08-cv-01385

Complaint in Intervention and Jury Demand

Oct. 20, 2008

Oct. 20, 2008

Complaint
17

1:08-cv-01385

Amended Complaint in Intervention

Oct. 31, 2008

Oct. 31, 2008

Complaint
92-2

1:08-cv-01385

Consent Decree

Feb. 16, 2010

Feb. 16, 2010

Settlement Agreement

1:08-cv-01385

EEOC Website Press Release

No Court

Feb. 24, 2010

Feb. 24, 2010

Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4906948/equal-employment-opportunity-commission-v-oldcastle-sw-group-inc/

Last updated Aug. 21, 2025, 12:24 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Jury Trial Demand against Oldcastle SW Group, Inc., filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(llk, ) (Entered: 07/01/2008)

1 Civil Cover Sheet

View on PACER

June 30, 2008

June 30, 2008

PACER
2

MEMORANDUM from Judge Matsch RETURNING CASE for reassignment to another district judge. (llk, ) (Entered: 07/02/2008)

July 1, 2008

July 1, 2008

PACER
3

LETTER REASSIGNING CASE pursuant to memorandum of 7/1/2008. Case reassigned to Chief Judge Edward W. Nottingham for all further proceedings. Judge Richard P. Matsch no longer assigned to the case. (llk, ) (Entered: 07/02/2008)

July 2, 2008

July 2, 2008

PACER
4

ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland. Dispositive Motions due by 2/27/2009. Entered by Chief Judge Edward W. Nottingham on 7/8/08. (ewnsec, ) (Entered: 07/08/2008)

July 8, 2008

July 8, 2008

PACER
5

ORDER: Scheduling/Planning Conference set for 9/17/2008 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 7/17/2008. (sss, )

July 17, 2008

July 17, 2008

RECAP
6

Unopposed MOTION to Vacate 5 Order, Set/Reset Hearings Scheduling Conference, Unopposed MOTION to Reset Scheduling Conference by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Weeks, Nancy) (Entered: 09/09/2008)

1 Proposed Order (PDF Only)

View on PACER

Sept. 9, 2008

Sept. 9, 2008

PACER
7

MEMORANDUM regarding 6 Unopposed MOTION to Vacate 5 Order, Set/Reset Hearings Scheduling Conference filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland. Entered by Chief Judge Edward W. Nottingham on 9/10/08. (Text Only Entry - No Document Attached)(ewnsec, ) (Entered: 09/10/2008)

Sept. 10, 2008

Sept. 10, 2008

PACER
8

MINUTE ORDER granting 6 Unopposed Motion to Vacate and Reschedule Scheduling Conference. Scheduling Conference set for 9/17/2008 is vacated and reset to 11/6/2008 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 9/10/2008.(sss, )

Sept. 10, 2008

Sept. 10, 2008

RECAP
9

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Oldcastle SW Group, Inc. waiver sent on 8/21/2008, answer due 10/20/2008. (Weeks, Nancy) (Entered: 10/01/2008)

Oct. 1, 2008

Oct. 1, 2008

PACER
10

MOTION to Intervene as of Right as Parties Plaintiff by Interested Parties Tammy Lane, Michael Galasso, Calvin Reed. (Attachments: # 1 Complaint in Intervention, # 2 Proposed Order (PDF Only))(Feiger, Lynn) (Entered: 10/14/2008)

1 Complaint in Intervention

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2 Proposed Order (PDF Only)

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Oct. 14, 2008

Oct. 14, 2008

PACER
11

NOTICE of Entry of Appearance by Brian Thomas Moore on behalf of Tammy Lane, Michael Galasso, Calvin Reed (Moore, Brian) (Entered: 10/15/2008)

Oct. 15, 2008

Oct. 15, 2008

PACER
12

ANSWER to 1 Complaint AND JURY TRIAL DEMAND by Oldcastle SW Group, Inc..(Santo, Michael) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER
13

ORDER granting 10 Motion to Intervene as of Right as Parties Plaintiff. The proposed Complaint in Intervention is deemed filed as of this date. Signed by Chief Judge Edward W. Nottingham on 10/20/2008.(sss, )

Oct. 20, 2008

Oct. 20, 2008

RECAP
14

COMPLAINT in Intervention and Jury Demand against Oldcastle SW Group, Inc. filed by Tammy Lane, Michael Galasso, Calvin Reed.(sss, ) (Entered: 10/20/2008)

Oct. 20, 2008

Oct. 20, 2008

PACER
15

REASSIGNING JUDGE. This action is reassigned to Judge Christine M. Arguello, upon her appointment. All future pleadings should reference Judge Arguello at the end of the civil action number (such as 08-cv-00001-CMA). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Judge Arguello in Courtroom A-602. Her chambers are located in Room A-638. Her telephone number is 303-335-2174. (Text only entry - no document attached) (gmssl, ) (Entered: 10/22/2008)

Oct. 22, 2008

Oct. 22, 2008

PACER
16

MINUTE ORDER Scheduling Conference Reset for 11/17/2008 04:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 10/31/08. (erv, ) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

PACER
17

AMENDED COMPLAINT in Intervention against Oldcastle SW Group, Inc., filed by Tammy Lane, Michael Galasso, Calvin Reed.(Moore, Brian) (Entered: 10/31/2008)

Oct. 31, 2008

Oct. 31, 2008

PACER
18

ANSWER to 17 Amended Complaint in Intervention by Oldcastle SW Group, Inc..(Santo, Michael) (Entered: 11/10/2008)

Nov. 10, 2008

Nov. 10, 2008

PACER
19

Proposed Scheduling Order by Plaintiff Equal Employment Opportunity Commission. (Weeks, Nancy) (Entered: 11/10/2008)

Nov. 10, 2008

Nov. 10, 2008

PACER
20

ORDER The parties appeared this afternoon for a scheduling conference. The proposed scheduling order was refused for the reasons stated on the record. Consistent with matters discussed this afternoon: IT IS ORDERED that the parties shall prepare a revised scheduling order modified as discussed at the scheduling conference and submit it to the court on or before November 20, 2008. Signed by Magistrate Judge Boyd N. Boland on 11/17/08. (erv, )

Nov. 17, 2008

Nov. 17, 2008

RECAP
21

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Scheduling Conference held on 11/17/2008. Discovery due by 5/1/2009. Dispositive Motions due by 5/29/2009. Settlement Conference set for 2/19/2009 01:30 PM in Conference Room before Magistrate Judge Boyd N. Boland. Proposed Pretrial Order due by 7/20/2009. Final Pretrial Conference set for 7/27/2009 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. ORDERED:Revised Scheduling Order to be filed by November 20, 2008. (Court Reporter FTR-G.Mattei.) (bnbcd, ) (Entered: 11/18/2008)

Nov. 17, 2008

Nov. 17, 2008

PACER
22

Proposed Scheduling Order Revised by Plaintiff Equal Employment Opportunity Commission. (Weeks, Nancy) (Entered: 11/20/2008)

Nov. 20, 2008

Nov. 20, 2008

PACER
23

MINUTE ORDER Settlement Conference set for 2/19/2008 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 11/21/08. (erv, ) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
24

SCHEDULING ORDER: Signed by Magistrate Judge Boyd N. Boland on 11/21/08. (erv, ) (Entered: 11/21/2008)

Nov. 21, 2008

Nov. 21, 2008

PACER
25

MOTION For Extension of Time of Deadline to Join Parties and Amend Pleadings by Intervenor Plaintiffs Tammy Lane, Michael Galasso, Calvin Reed. (Moore, Brian) (Entered: 01/06/2009)

Jan. 6, 2009

Jan. 6, 2009

PACER
26

MEMORANDUM regarding 25 MOTION For Extension of Time of Deadline to Join Parties and Amend Pleadings filed by Calvin Reed, Michael Galasso, Tammy Lane. Motions referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 1/7/09. (Text Only Entry - No Document Attached)(erv, ) (Entered: 01/07/2009)

Jan. 7, 2009

Jan. 7, 2009

PACER
27

Joint MOTION for Protective Order by All Parties by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only) Final Proposed Protective Order)(Weeks, Nancy) (Entered: 01/07/2009)

1 Proposed Order (PDF Only) Final Proposed Protective Order

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Jan. 7, 2009

Jan. 7, 2009

PACER
28

MEMORANDUM regarding 27 Joint MOTION for Protective Order by All Parties filed by Equal Employment Opportunity Commission. Motions referred to Magistrate Judge Boyd N. Boland,by Judge Christine M. Arguello on 1/8/09. (Text Only Entry - No Document Attached)(erv, ) (Entered: 01/08/2009)

Jan. 8, 2009

Jan. 8, 2009

PACER
29

MINUTE ORDER granting 25 UNopposed Motion of Intervenor Plaintiffs' for Extension of Deadline to Join Parties and Amend Pleadings, the deadline for the parties to amend their pleadings or join additional parties is extended to and including January 23, 2009. by Magistrate Judge Boyd N. Boland on 1/8/09.(erv, ) (Entered: 01/08/2009)

Jan. 8, 2009

Jan. 8, 2009

PACER
30

MINUTE ORDER granting 27 Motion for Protective Order, by Magistrate Judge Boyd N. Boland on 1/8/09.(erv, )

Jan. 8, 2009

Jan. 8, 2009

RECAP
31

PROTECTIVE ORDER. Signed by Magistrate Judge Boyd N. Boland on 1/8/09. (erv, )

Jan. 8, 2009

Jan. 8, 2009

RECAP
32

Unopposed MOTION to Amend/Correct/Modify 24 Scheduling Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Weeks, Nancy) (Entered: 02/02/2009)

1 Proposed Order (PDF Only)

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Feb. 2, 2009

Feb. 2, 2009

PACER
33

MEMORANDUM regarding 32 Unopposed MOTION to Amend/Correct/Modify 24 Scheduling Order filed by Equal Employment Opportunity Commission.Motions referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 02/02/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(jjh, ) (Entered: 02/02/2009)

Feb. 2, 2009

Feb. 2, 2009

PACER
34

Minute ORDER granting 32 Unopposed Motion to Amend Scheduling Order. Discovery due by 7/15/2009. Dispositive Motions due by 8/14/2009. Proposed Pretrial Order due by 10/7/2009. Final Pretrial Conference reset for 10/14/2009 09:30 AM in Courtroo m A 401 before Magistrate Judge Boyd N. Boland. Settlement Conference reset for 6/15/2009 01:30 PM before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 2/3/09.(gmssl, ) Modified on 2/5/2009 to correct spelling error (gms, ).

Feb. 3, 2009

Feb. 3, 2009

RECAP
35

NOTICE of Entry of Appearance by William Earl Moench on behalf of Equal Employment Opportunity Commission (Moench, William) (Entered: 03/17/2009)

March 17, 2009

March 17, 2009

PACER
36

NOTICE Amended Notice of Deposition by Plaintiff Equal Employment Opportunity Commission (Santo, Michael) (Entered: 04/15/2009)

April 15, 2009

April 15, 2009

PACER
37

MOTION For Extension of Time to disclose experts by Intervenor Plaintiffs Tammy Lane, Michael Galasso, Calvin Reed. (Moore, Brian) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

PACER
38

MEMORANDUM regarding 37 MOTION For Extension of Time to disclose experts filed by Calvin Reed, Michael Galasso, Tammy Lane. Motions referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 4/16/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(erv, ) (Entered: 04/16/2009)

April 16, 2009

April 16, 2009

PACER
39

MINUTE ORDER granting 37 Unopposed Motion for Extension of Time to Extend Expert Disclosure Deadlines by Magistrate Judge Boyd N. Boland on 4/20/09.(erv, ) (Entered: 04/20/2009)

April 20, 2009

April 20, 2009

PACER
40

MOTION For Extension of Time FOR DISCLOSURE OF CONCRETE TESTING EXPERT WITNESSES by Intervenor Plaintiffs Tammy Lane, Michael Galasso, Calvin Reed. (Moore, Brian) (Entered: 06/02/2009)

June 2, 2009

June 2, 2009

PACER
41

MEMORANDUM regarding 40 MOTION For Extension of Time FOR DISCLOSURE OF CONCRETE TESTING EXPERT WITNESSES filed by Calvin Reed, Michael Galasso, Tammy Lane.Motions referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 6/3/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(erv, ) (Entered: 06/03/2009)

June 3, 2009

June 3, 2009

PACER
42

MINUTE ORDER granting 40 Intervenors Unopposed Motion for Extension of Time for Disclosure of Concrete Testing Expert Witnesses to and including June 1, 2009. by Magistrate Judge Boyd N. Boland on 6/3/09.(erv, ) (Entered: 06/03/2009)

June 3, 2009

June 3, 2009

PACER
43

MOTION to Withdraw as Attorney by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Weeks, Nancy) (Entered: 06/04/2009)

1 Proposed Order (PDF Only)

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June 4, 2009

June 4, 2009

PACER
44

ORDER granting 43 Motion to Withdraw as Attorney for Plaintiff EEOC. Attorney Nancy A. Weeks terminated by Judge Christine M. Arguello on 6/4/09.(erv, ) (Entered: 06/05/2009)

June 4, 2009

June 4, 2009

PACER
45

MINUTE ORDER Due to a conflict in the courts calendar, IT IS ORDERED that the settlement conference set for June 15, 2009, at 1:30 p.m., is VACATED. The parties are directed to contact Estee Fraitag at 303-844-6408 to reschedule the conference. by Magistrate Judge Boyd N. Boland on 6/11/09. (erv, ) (Modified on 6/17/2009 changed telephone number and sealed PDF pursuant to chambers)(ervsl, ). (Entered: 06/12/2009)

June 11, 2009

June 11, 2009

PACER
46

Unopposed MOTION for Extension of Time to Extend Discovery Deadline by Defendant Oldcastle SW Group, Inc.. (Santo, Michael) (Entered: 06/16/2009)

June 16, 2009

June 16, 2009

PACER
47

MEMORANDUM regarding 46 Unopposed MOTION for Extension of Time to Extend Discovery Deadline filed by Oldcastle SW Group, Inc..Motions referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 6/17/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(erv, ) (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

PACER
48

MINUTE ORDER granting 46 Motion for Extension of Time Discovery Deadline. Discovery due by 7/29/2009. by Magistrate Judge Boyd N. Boland on 6/17/09.(erv, ) (Entered: 06/17/2009)

June 17, 2009

June 17, 2009

PACER
49

Unopposed MOTION to Amend/Correct/Modify 45 Minute Order, by Intervenor Plaintiffs Tammy Lane, Michael Galasso, Calvin Reed. (Moore, Brian) (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

PACER
50

MEMORANDUM regarding 49 Unopposed MOTION to Amend/Correct/Modify 45 Minute Order, filed by Calvin Reed, Michael Galasso, Tammy Lane. Motion referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 7/06/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cmasec) (Entered: 07/06/2009)

July 6, 2009

July 6, 2009

PACER
51

MINUTE ORDER granting 49 Motion to Amend/Correct/Modify the 45 Minute Order by Magistrate Judge Boyd N. Boland on 7/13/09. The parties are to promptly contact chambers to set a settlement conference once a ruling has been made on dispositive motions. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (bnbsec, ) (Modified on 7/15/2009 added link to 45 Minute Order)(erv2, ). (Entered: 07/13/2009)

July 13, 2009

July 13, 2009

PACER
52

Joint MOTION for Extension of Time to Extend Discovery Cut-Off and Dispositive Motion Deadline by Defendant Oldcastle SW Group, Inc.. (Santo, Michael) (Entered: 07/20/2009)

July 20, 2009

July 20, 2009

PACER
53

MEMORANDUM regarding 52 Joint MOTION for Extension of Time to Extend Discovery Cut-Off and Dispositive Motion Deadline filed by Oldcastle SW Group, Inc. Motion referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 7/21/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED(cmasec) (Entered: 07/21/2009)

July 21, 2009

July 21, 2009

PACER
54

MINUTE ORDER: Granting 52 Joint Motion to Extend Discovery Cut-off and Dispositive Motion Deadline. Date for rebuttal expert report (Janet Owens-White)September 15, 2009; Discovery cut-off for limited purpose by 9/21/2009. Dispositive Motions due by 9/18/2009. Proposed Pretrial Order due by 11/9/2009. Final Pretrial Conference set for 11/16/2009 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 7/23/09.(bnbcd, ) (Entered: 07/23/2009)

July 23, 2009

July 23, 2009

PACER
55

MOTION for Leave to File Separate Motions for Summary Judgment or, in the Alternative, to Extend the Recommended Page Limitation for Filing Motions for Summary Judgment by Defendant Oldcastle SW Group, Inc.. (Santo, Michael) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
56

ORDER - GRANTING 55 Motion for Leave to File Separate Motions for Summary Judgment. Defendants may file separatemotions for summary judgment, which individually shall not exceed 20 pages, inclusive of theundisputed statements of facts. By Judge Christine M. Arguello on 8/5/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmacd) (Entered: 08/05/2009)

Aug. 5, 2009

Aug. 5, 2009

PACER
57

MOTION for Protective Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Moench, William) (Entered: 08/21/2009)

1 Exhibit A

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2 Exhibit B

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Aug. 21, 2009

Aug. 21, 2009

PACER
58

MEMORANDUM regarding 57 MOTION for Protective Order filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 8/24/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
59

JOINDER in 57 MOTION for Protective Order by Intervenor Plaintiffs Tammy Lane, Michael Galasso, Calvin Reed. (Moore, Brian) (Modified on 8/24/2009 the Motion has been termed as this is a JOINDER to a Motion)(erv, ). (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
60

MEMORANDUM regarding 59 MOTION for Joinder re 57 MOTION for Protective Order filed by Calvin Reed, Michael Galasso, Tammy Lane. Motion referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 8/24/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
61

Docket Annotation re: 59 MOTION for Joinder re 57 MOTION for Protective Order. This has been changed to a JOINDER and the motion has been termed. Text only entry - no document attached (erv, ) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
62

MINUTE ORDER Setting Hearing on Motion 57 MOTION for Protective Order : Motion Hearing set for 9/1/2009 10:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Defendant shall respond to the Motion on or before August 28, 2009. No reply will be accepted without leave of court, by Magistrate Judge Boyd N. Boland on 8/24/09. (bnbcd, ) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

PACER
63

MINUTE ORDER Re-Setting Hearing on 57 MOTION for Protective Order : Motion Hearing Reset for 9/2/2009 10:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 8/26/09. (erv, ) (Entered: 08/27/2009)

Aug. 26, 2009

Aug. 26, 2009

PACER
64

RESPONSE to 57 MOTION for Protective Order filed by Defendant Oldcastle SW Group, Inc.. (Santo, Michael) (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

PACER
65

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: Motion Hearing held on 9/2/2009. Granting 57 EEOC'S Motion for Protective Order. (Court Reporter FTR-G.Mattei.) (bnbcd, )

Sept. 2, 2009

Sept. 2, 2009

RECAP
66

ORDER: re: Granting 57 MOTION for Protective Order filed by Equal Employment Opportunity Commission, by Magistrate Judge Boyd N. Boland on 9/2/09. (bnbcd, )

Sept. 2, 2009

Sept. 2, 2009

RECAP
67

Unopposed MOTION for Extension of Time to File Defendant's Summary Judgment Motions by Defendant Oldcastle SW Group, Inc.. (Santo, Michael) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
68

MEMORANDUM regarding 67 Unopposed MOTION for Extension of Time to File Defendant's Summary Judgment Motions filed by Oldcastle SW Group, Inc. Motion referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 9/14/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 09/14/2009)

Sept. 14, 2009

Sept. 14, 2009

PACER
69

MINUTE ORDER granting 67 Motion for Extension of Time. The dispositive motions deadline is extended to and including 9/23/2009. by Magistrate Judge Boyd N. Boland on 9/15/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (bnbsec, ) (Entered: 09/15/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
70

MOTION for Summary Judgment Against EEOC/Tammy Lane by Defendant Oldcastle SW Group, Inc. (Attachments: # 1 Brief in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Deposition Excerpts 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 )(Santo, Michael) (Modified on 9/24/2009 added text as to Defendant Tammy Lane and edited duplicate text)(erv, ). (Entered: 09/23/2009)

1 Brief in Support

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Deposition Excerpts Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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Sept. 23, 2009

Sept. 23, 2009

PACER
71

MOTION for Summary Judgment against EEOC/Calvin Reed by Defendant Oldcastle SW Group, Inc.. (Attachments: # 1 Brief in Support, # 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 )(Santo, Michael) (Modified on 9/24/2009 added defendant Calvin Reed to the Title of the text and edited duplicated text)(erv, ). (Entered: 09/23/2009)

1 Brief in Support

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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Sept. 23, 2009

Sept. 23, 2009

PACER
72

MOTION for Summary Judgment against EEOC/Michael Galasso by Defendant Oldcastle SW Group, Inc.. (Attachments: # 1 Brief in Support, # 2 Exhibit1, # 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 )(Santo, Michael) (Modified on 9/24/2009 added Defendant Michael Galasso to the title of the Text and Edited duplicated text)(erv, ). (Entered: 09/23/2009)

1 Brief in Support

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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Sept. 23, 2009

Sept. 23, 2009

PACER
73

MOTION for Summary Judgment on Affirmative Defenses by Intervenor Plaintiffs Tammy Lane, Michael Galasso, Calvin Reed. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Moore, Brian) (Entered: 09/23/2009)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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Sept. 23, 2009

Sept. 23, 2009

PACER
74

MOTION for Summary Judgment on Affirmative Defense by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Todd Chavez, # 2 Exhibit 1 - Determinations, # 3 Exhibit 2 - Invitations to Conciliate, # 4 Exhibit 3 - Acceptance of Invitations, # 5 Exhibit 4 - Conciliation Failures)(Moench, William) (Entered: 09/23/2009)

1 Affidavit Todd Chavez

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2 Exhibit 1 - Determinations

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3 Exhibit 2 - Invitations to Conciliate

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4 Exhibit 3 - Acceptance of Invitations

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5 Exhibit 4 - Conciliation Failures

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Sept. 23, 2009

Sept. 23, 2009

PACER
75

Docket Annotation re: 70 MOTION for Summary Judgment against Tammy Lane was added to the text and duplicate text was edited out. Text only entry - no document attached (erv, ) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
76

Docket Annotation re: 71 MOTION for Summary Judgment against Calvin Reed added to the text, Brief in Support and duplicate text was edited out) Text only entry - no document attached (erv, ) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
77

Docket Annotation re: 72 MOTION for Summary Judgment against Michael Galasson, Brief in Support added as text, and Duplicate text edited out. Text only entry - no document attached (erv, ) (Entered: 09/24/2009)

Sept. 24, 2009

Sept. 24, 2009

PACER
78

Joint MOTION for Extension of Time to Facilitate Settlement Conference by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Tammy Lane, Michael Galasso, Calvin Reed, Defendant Oldcastle SW Group, Inc.. (Moore, Brian) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

PACER
79

MEMORANDUM regarding 78 Joint MOTION for Extension of Time to Facilitate Settlement Conference filed by Calvin Reed, Michael Galasso, Equal Employment Opportunity Commission, Tammy Lane, Oldcastle SW Group, Inc. Motion referred to Magistrate Judge Boyd N. Boland by Judge Christine M. Arguello on 10/06/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

PACER
80

MINUTE ORDER: granting 78 Joint Motion to Extend Deadlines to Facilitate Settlement Conference. All summary judgment responses briefs are to be due on or before December 11, 2009. The deadline for all summary judgment reply briefs are to be due on or before February 1, 2010. Proposed Pretrial Order due by 2/10/2010. Final Pretrial Conference set for 2/17/2010 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 10/7/09.(bnbcd, ) (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

PACER
81

Unopposed MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Summary Judgment, 74 MOTION for Summary Judgment on Affirmative Defense, 73 MOTION for Summary Judgment on Affirmative Defenses, 72 MOTION for Summary Judgment, 70 MOTION for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only) Granting Extension of Time)(Moench, William) (Entered: 12/08/2009)

1 Proposed Order (PDF Only) Granting Extension of Time

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Dec. 8, 2009

Dec. 8, 2009

PACER
82

MINUTE ORDER granting 81 Motion for Extension of Time to File Response/Reply. The parties shall have to and including 12/14/09 within which to file their responses to all pending motions for summary judgment. By Judge Christine M. Arguello on 12/11/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

PACER
83

BRIEF in Opposition to 74 MOTION for Summary Judgment on Affirmative Defense Defendant's Brief in Support of Its Opposition to Plaintiff EEOC's Motion for Partial Summary Judgment filed by Defendant Oldcastle SW Group, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Santo, Michael) (Entered: 12/14/2009)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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Dec. 14, 2009

Dec. 14, 2009

PACER
84

RESPONSE to 73 MOTION for Summary Judgment on Affirmative Defenses Defendant's Brief in Response to Intervenor Plaintiffs' Motion for Summary Judgment on Affirmative Defenses filed by Defendant Oldcastle SW Group, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit 6a, # 7 Exhibit 6b, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Santo, Michael) (Entered: 12/14/2009)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit 6a

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7 Exhibit 6b

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Exhibit

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13 Exhibit

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14 Exhibit

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15 Exhibit

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16 Exhibit

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17 Exhibit

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Dec. 14, 2009

Dec. 14, 2009

PACER
85

BRIEF in Opposition to 70 MOTION for Summary Judgment, 71 MOTION for Summary Judgment, 72 MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Tammy Lane, Michael Galasso, Calvin Reed. (Attachments: # 1 Affidavit Curtis, # 2 Affidavit DeBrucque, # 3 Affidavit Delancey, # 4 Affidavit Edmands, # 5 Affidavit Edwards, # 6 Affidavit Lane, # 7 Affidavit Northrup, # 8 Affidavit Purdum, D., # 9 Affidavit Purdum, T., # 10 Affidavit Reed, # 11 Affidavit Scott, # 12 Affidavit Galasso, # 13 Affidavit Lane Declaration, # 14 Exhibit 1, # 15 Exhibit 2, # 16 Exhibit 3, # 17 Exhibit 4, # 18 Exhibit 5, # 19 Exhibit 6, # 20 Exhibit 7, # 21 Exhibit 8, # 22 Exhibit 9, # 23 Exhibit 10, # 24 Exhibit 11, # 25 Exhibit 12, # 26 Exhibit 13, # 27 Exhibit 14, # 28 Exhibit 15, # 29 Exhibit 16, # 30 Exhibit 17, # 31 Exhibit 18, # 32 Exhibit 19, # 33 Exhibit 20, # 34 Exhibit 21, # 35 Exhibit 22, # 36 Exhibit 23, # 37 Exhibit 24, # 38 Exhibit 25, # 39 Exhibit 26, # 40 Exhibit 27, # 41 Exhibit 28, # 42 Exhibit 29, # 43 Exhibit 30, # 44 Exhibit 31, # 45 Exhibit 32, # 46 Exhibit 33, # 47 Exhibit 34, # 48 Deposition Excerpts 30b6 Ducray, # 49 Deposition Excerpts 30b6 Lamberty, # 50 Deposition Excerpts Alpha, # 51 Deposition Excerpts Arellano, # 52 Deposition Excerpts Cross, # 53 Deposition Excerpts Delancey, # 54 Deposition Excerpts Ducray, # 55 Deposition Excerpts Edmands, # 56 Deposition Excerpts Galasso, # 57 Deposition Excerpts Lane Vol I, # 58 Deposition Excerpts Lane Vol II, # 59 Deposition Excerpts McGehee, # 60 Deposition Excerpts Northrup, # 61 Deposition Excerpts Owens-White, # 62 Deposition Excerpts Reed, # 63 Deposition Excerpts Scott, # 64 Deposition Excerpts Sullivan, # 65 Deposition Excerpts Uhlenberg, # 66 Appendix Anderson v. Wintco, # 67 Appendix EEOC v. DNA, # 68 Appendix Neiderlander v. American Video)(Moench, William) (Entered: 12/15/2009)

1 Affidavit Curtis

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2 Affidavit DeBrucque

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3 Affidavit Delancey

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4 Affidavit Edmands

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5 Affidavit Edwards

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6 Affidavit Lane

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7 Affidavit Northrup

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8 Affidavit Purdum, D.

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9 Affidavit Purdum, T.

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10 Affidavit Reed

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11 Affidavit Scott

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12 Affidavit Galasso

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13 Affidavit Lane Declaration

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14 Exhibit 1

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15 Exhibit 2

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16 Exhibit 3

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17 Exhibit 4

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18 Exhibit 5

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19 Exhibit 6

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20 Exhibit 7

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21 Exhibit 8

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22 Exhibit 9

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23 Exhibit 10

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24 Exhibit 11

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25 Exhibit 12

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26 Exhibit 13

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27 Exhibit 14

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28 Exhibit 15

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29 Exhibit 16

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30 Exhibit 17

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31 Exhibit 18

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32 Exhibit 19

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33 Exhibit 20

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34 Exhibit 21

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35 Exhibit 22

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36 Exhibit 23

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37 Exhibit 24

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38 Exhibit 25

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39 Exhibit 26

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40 Exhibit 27

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41 Exhibit 28

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42 Exhibit 29

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43 Exhibit 30

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44 Exhibit 31

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45 Exhibit 32

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46 Exhibit 33

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47 Exhibit 34

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48 Deposition Excerpts 30b6 Ducray

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49 Deposition Excerpts 30b6 Lamberty

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50 Deposition Excerpts Alpha

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51 Deposition Excerpts Arellano

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52 Deposition Excerpts Cross

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53 Deposition Excerpts Delancey

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54 Deposition Excerpts Ducray

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55 Deposition Excerpts Edmands

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56 Deposition Excerpts Galasso

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57 Deposition Excerpts Lane Vol I

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58 Deposition Excerpts Lane Vol II

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59 Deposition Excerpts McGehee

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60 Deposition Excerpts Northrup

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61 Deposition Excerpts Owens-White

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62 Deposition Excerpts Reed

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63 Deposition Excerpts Scott

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64 Deposition Excerpts Sullivan

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65 Deposition Excerpts Uhlenberg

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66 Appendix Anderson v. Wintco

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67 Appendix EEOC v. DNA

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68 Appendix Neiderlander v. American Video

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Dec. 14, 2009

Dec. 14, 2009

PACER
86

MOTION for Leave to Supplement Plaintiffs' 85 Joint Response to Defendant's Motions for Summary Judgment by Intervenor Plaintiffs Tammy Lane, Michael Galasso, Calvin Reed. (Attachments: # 1 Proposed Document Intervenor Plaintiffs' Supplement to Plaintiffs' Joint Response to Defendant's Motions for Summary Judgment, # 2 Deposition Excerpts Edmands)(Moore, Brian) (Modified on 12/21/2009 added link to Response)(erv2, ). (Entered: 12/18/2009)

1 Proposed Document Intervenor Plaintiffs' Supplement to Plaintiffs' Joi

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2 Deposition Excerpts Edmands

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Dec. 18, 2009

Dec. 18, 2009

PACER
87

MINUTE ORDER granting 86 Motion for Leave to supplement Plaintiffs Joint Response to Defendants Motions for Summary Judgment. The proposed supplemental document, attached at 86-1, is deemed filed as of this date. SO ORDERED by Judge Christine M. Arguello on 12/22/09. TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmasec) (Entered: 12/22/2009)

Dec. 22, 2009

Dec. 22, 2009

PACER
89

SUPPLEMENT to 85 Joint Brief in Opposition to Motion, for Summary Judgment by Intervenor Plaintiffs Tammy Lane, Michael Galasso, Calvin Reed. (Attachments: # 1 Deposition Excerpts Kevin Edmands)(erv, ) (Entered: 12/28/2009)

1 Deposition Excerpts Kevin Edmands

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Dec. 22, 2009

Dec. 22, 2009

PACER
88

MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Summary Judgment, 72 MOTION for Summary Judgment, 70 MOTION for Summary Judgment by Defendant Oldcastle SW Group, Inc.. (Santo, Michael) (Entered: 12/24/2009)

Dec. 24, 2009

Dec. 24, 2009

PACER
90

MINUTE ORDER granting 88 Motion for Extension of Time to File Response/Reply. Reply briefs due on or before February 19, 2010. By Judge Christine M. Arguello on 12/29/09.TEXT ONLY ENTRY - NO DOCUMENT ATTACHED (cmacd ) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

PACER
91

MINUTE ORDER: This matter has been resolved. The parties shall file a stipulation or motion to dismiss with prejudice, pursuant to Fed.R.Civ.P. 41(a) on or before February 23, 2010, or a status report addressing why dismissal has not been accomplished. All future hearings set before Magistrate Judge Boland are vacated, by Magistrate Judge Boyd N. Boland on 2/9/10. (bnbcd, ) (Entered: 02/09/2010)

Feb. 9, 2010

Feb. 9, 2010

PACER
92

MOTION for Order to Enter Consent Decree by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Consent Decree)(Moench, William) (Entered: 02/16/2010)

1 Proposed Consent Decree

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Feb. 16, 2010

Feb. 16, 2010

PACER
93

STIPULATION of Dismissal of Party Intervenor Plaintiffs by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiffs Tammy Lane, Michael Galasso, Calvin Reed, Defendant Oldcastle SW Group, Inc.. (Moore, Brian) (Entered: 02/23/2010)

Feb. 23, 2010

Feb. 23, 2010

PACER
94

CONSENT DECREE by Judge Christine M. Arguello on 2/26/2010. (erv, ) (Entered: 03/01/2010)

Feb. 26, 2010

Feb. 26, 2010

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2008

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC on behalf of female employees and male employees who supported them in complaints of sex discrimination; intervening aggrieved individuals.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oldcastle SW Group, Inc. (Grand Junction, Mesa), Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Utilize objective hiring/promotion criteria

Follow recruitment, hiring, or promotion protocols

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Amount Defendant Pays: 498,000.00

Order Duration: 2010 - 2013

Issues

General/Misc.:

Pattern or Practice

Retaliation

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Harassment / Hostile Work Environment

Pay / Benefits

Promotion

Training

Discrimination Basis:

Disability (inc. reasonable accommodations)

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit