Case: EEOC v. Boh Bros. Construction Co.

2:09-cv-06460 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Sept. 23, 2009

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On September 23, 2009, the Equal Employment Opportunity Commission (EEOC) filed this federal lawsuit on behalf of an employee of Boh Brothers Construction Company, in the U.S. District Court for the Eastern District of Louisiana. The lawsuit, filed under Title VII of the Civil Rights Act of 1964, sought a permanent injunction enjoining the employer from engaging in discriminatory employment practices and sexual harassment. The plaintiff also asked that the employer institute a sexual harassmen…

On September 23, 2009, the Equal Employment Opportunity Commission (EEOC) filed this federal lawsuit on behalf of an employee of Boh Brothers Construction Company, in the U.S. District Court for the Eastern District of Louisiana. The lawsuit, filed under Title VII of the Civil Rights Act of 1964, sought a permanent injunction enjoining the employer from engaging in discriminatory employment practices and sexual harassment. The plaintiff also asked that the employer institute a sexual harassment policy and provide backpay with interest along with compensation for emotional stress.

The employee complainant claimed that his supervisor viewed him as excessively feminine, and therefore verbally and physically sexually harassed him, feigned anal sex with him, and urged him to look at the superintendent's penis. When the employee complained, his employer transferred him to a different office with a longer commute, lower pay, and then terminated his employment.

Following a jury trial, Boh Bros was found to have permitted hostile work environment sexual harassment. The jury awarded a total of $1000 in back pay, $200,000 in compensatory damages, and $250,000 in punitive damages; the district court reduced this amount to $301,000 because of statutory limits. The district court also entered injunctive relief to prevent future discrimination. The injunction required the company's chief executive officer to send a letter to all employees "advising them of the verdict against Defendant in this case on the claim of sexual harassment, stating that Defendant will not tolerate sexual harassment or retaliation, and that Defendant will take appropriate disciplinary action against any manager, supervisor, or employee who engages in sexual harassment or retaliation." The court further ordered that Boh Bros. may not re­hire the harassing supervisor during the life of the injunction.

Boh Bros. appealed, and in April 2012, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit reversed the jury verdict, finding that the evidence did not establish that Boh Bros. had harassed Woods "because of sex." The Fifth Circuit granted rehearing en banc, and in September 2013, a majority of the Court of Appeals found that the law and evidence supported the jury's finding that Boh Bros. had illegally harassed Woods because of sex, in violation of Title VII. The en banc Fifth Circuit also rejected the company's appeal of the district court's entry of a judgment of injunctive relief. Thus, the en banc Fifth Circuit Court of Appeals restored the jury's finding of illegal harassment and the injunction. However, it vacated the punitive damage award, and remanded the case to the district court for further proceedings, including setting the proper amount of emotional damages in light of the appellate decision.

On remand, the company agreed to a compensatory damages award of $125,000 (and therefore a total of $126,000 in money damages), ending the case.

Summary Authors

Sarah Fries (3/10/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4269363/parties/equal-employment-opportunity-commission-v-boh-brothers-construction/


Judge(s)

Lemelle, Ivan L. R. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) for Plaintiff

Goldman, Tanya L. (Maryland)

Graham, Nancy Eleanor (Louisiana)

Juge, Gregory T. (Louisiana)

Lee, James L. (Texas)

Lopez, P. David (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Sacher, Jim (Texas)

Attorneys(s) for Defendant

Christy, Walter W (Louisiana)

Judge(s)

Lemelle, Ivan L. R. (Louisiana)

Wilkinson, Joseph C. Jr. (Louisiana)

Attorneys(s) for Plaintiff

Goldman, Tanya L. (Maryland)

Graham, Nancy Eleanor (Louisiana)

Juge, Gregory T. (Louisiana)

Lee, James L. (Texas)

Lopez, P. David (District of Columbia)

Reams, Gwendolyn Young (District of Columbia)

Sacher, Jim (Texas)

Attorneys(s) for Defendant

Christy, Walter W (Louisiana)

Credeur, Jacob C. (Louisiana)

Latuso, Erin Wedge (Louisiana)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 3, 2014 Docket
1

Complaint

Sept. 23, 2009 Complaint
59

Order [Rendering Judgment in Favor of Plaintiff]

March 28, 2011 Order/Opinion
93

Order [Denying Defendant's Motions for a New Trial and for Judgment as a Matter of Law]

June 24, 2011 Order/Opinion
102

Opinion [Granting Plaintiff's Motion for Injunctive Relief]

2011 WL 3585599

Aug. 15, 2011 Order/Opinion
103

Judgment of Injunctive Relief

2011 WL 3648483

Aug. 16, 2011 Order/Opinion
122-1

CONSENT JUDGMENT

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff v. BOH BROTHERS CONSTRUCTION COMPANY, LLC

Feb. 3, 2014 Order/Opinion

EEOC Press Release

No Court

Feb. 27, 2014 Press Release

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4269363/equal-employment-opportunity-commission-v-boh-brothers-construction/

Last updated May 20, 2022, 3:27 a.m.

ECF Number Description Date Link
1

COMPLAINT with Jury Demand against Boh Brothers Construction Company, LLC filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(gec, ) (Entered: 09/23/2009)

1 Civil Cover Sheet

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Sept. 23, 2009 RECAP
2

Summons Issued as to Boh Brothers Construction Company, LLC. (gec, ) (Entered: 09/23/2009)

Sept. 23, 2009 PACER
3

WAIVER OF SERVICE Returned Executed; waiver sent to Boh Brothers Construction Company, LLC on 9/28/2009, answer due 11/27/2009. (Graham, Nancy) (Entered: 10/05/2009)

Oct. 5, 2009 PACER
4

ANSWER to 1 Complaint by Boh Brothers Construction Company, LLC.(Christy, Walter) (Entered: 11/20/2009)

Nov. 20, 2009 PACER
5

Statement of Corporate Disclosure by Boh Brothers Construction Company, LLC (Christy, Walter) (Entered: 11/23/2009)

Nov. 23, 2009 PACER
6

ORDER - Scheduling Conference set for 12/17/2009 10:30 AM before Magistrate Judge Joseph C. Wilkinson, Jr.. Signed by Magistrate Judge Joseph C. Wilkinson, Jr.(gec, ) (Entered: 11/30/2009)

Nov. 30, 2009 PACER
7

ORDER cancelling the 12/17/09 conf as stated herein. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (NEF - J. Lemelle)(car, ) (Entered: 12/02/2009)

Dec. 2, 2009 PACER
8

Order Vacating Case Referral to Magistrate Judge; FURTHER ORDERED that Scheduling Conference set for 1/14/2010 11:00 AM by telephone with case manager to select trial dates. Signed by Judge Ivan L. R. Lemelle on 12/8/09.(lag, ) (Entered: 12/10/2009)

Dec. 10, 2009 PACER
9

EXPARTE/CONSENT MOTION to Substitute Attorney. Attorney GREGORY T. JUGE to be substituted in place of N. ELEANOR GRAHAM by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Juge, Gregory) (Entered: 01/14/2010)

1 Proposed Order

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Jan. 14, 2010 PACER
10

SCHEDULING ORDER: Final Pretrial Conference set for 2/24/2011 02:30 PM before Judge Ivan L. R. Lemelle. Jury Trial set for 3/21/2011 08:30 AM before Judge Ivan L. R. Lemelle. Signed by Judge Ivan L. R. Lemelle on 1/14/10. (Attachments: # 1 Pretrial Notice Form)(bjj, ) (Entered: 01/15/2010)

1 Pretrial Notice Form

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Jan. 15, 2010 PACER
11

ORDER granting 9 Motion to Substitute Attorney. Added attorney Gregory T. Juge for Equal Employment Opportunity Commission. Attorney Nancy Eleanor Graham terminated. Signed by Judge Ivan L. R. Lemelle on 1/15/2010. (lag, ) (Entered: 01/19/2010)

Jan. 19, 2010 PACER
12

EXPARTE/CONSENT MOTION for Protective Order (Stipulated) by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Joseph C. Wilkinson Jr. (Attachments: # 1 Proposed Stipulated Protective Order)(Juge, Gregory) Modified on 5/11/2010 (lag, ). (Entered: 05/10/2010)

1 Proposed Stipulated Protective Order

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May 10, 2010 PACER
13

ORDER granting 12 Motion for Stipulated Protective Order. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (car, ) (Entered: 05/13/2010)

May 13, 2010 PACER
14

EXPARTE/CONSENT MOTION to Enroll as Counsel of Record by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Goldman, Tanya) (Entered: 11/08/2010)

1 Proposed Order

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Nov. 8, 2010 PACER
15

ORDER granting 14 Motion to Enroll as Counsel of Record Tanya Goldman. Signed by Judge Ivan L.R. Lemelle on 11/12/2010. (lag, ) (Entered: 11/15/2010)

Nov. 15, 2010 PACER
16

Witness and Exhibit List by Boh Brothers Construction Company, LLC. (Christy, Walter) (Entered: 12/23/2010)

Dec. 23, 2010 PACER
17

Exhibit List by Equal Employment Opportunity Commission. (Goldman, Tanya) (Entered: 12/27/2010)

Dec. 27, 2010 PACER
18

Witness List by Equal Employment Opportunity Commission. (Goldman, Tanya) (Entered: 12/27/2010)

Dec. 27, 2010 PACER
19

EXPARTE/CONSENT MOTION Reschedule Deadline for Dispositive Pretrial Motions and Motions in Limine Regarding Expert Testimony by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order)(Christy, Walter) (Entered: 12/27/2010)

1 Proposed Order

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Dec. 27, 2010 PACER
20

ORDER granting 19 Motion to Reschedule Deadline for Dispositive Pretrial Motions and Motions in Limine Regarding Expert Testimony. Signed by Judge Ivan L.R. Lemelle on 1/3/2011. (lag, ) (Entered: 01/04/2011)

Jan. 4, 2011 PACER
21

EXPARTE/CONSENT MOTION Reschedule Deadlines for Filing Opposition and Reply Memoranda to Dispositive Pretrial Motions and Motions in Limine Regarding Expert Testimony by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Goldman, Tanya) (Entered: 01/06/2011)

1 Proposed Order

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Jan. 6, 2011 PACER
22

RESPONSE to Motion filed by Boh Brothers Construction Company, LLC re 21 MOTION Reschedule Deadlines for Filing Opposition and Reply Memoranda to Dispositive Pretrial Motions and Motions in Limine Regarding Expert Testimony. (Christy, Walter) (Entered: 01/07/2011)

Jan. 7, 2011 PACER
23

ORDER granting 21 Motion to Reschedule Deadlines for Filing Opposition and Reply Memoranda to Dispositive Pretrial Motions and Motions in Limine Regarding Expert Testimony as set forth in document. Signed by Judge Ivan L.R. Lemelle on 1/11/2011. (lag, ) (Entered: 01/13/2011)

Jan. 13, 2011 PACER
24

EXPARTE/CONSENT MOTION for Leave to File Memorandum in Support of Motion for Summary Judgment in Excess of Page Limitation by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order)(Christy, Walter) (Entered: 01/27/2011)

1 Proposed Order

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Jan. 27, 2011 PACER
25

ORDER denying 24 Motion for Leave to File memo in excess of page limitation. Signed by Judge Ivan L.R. Lemelle. (lag, ) (Entered: 01/28/2011)

Jan. 28, 2011 PACER
26

MOTION to Compel Discovery by Equal Employment Opportunity Commission. Motion(s) referred to Joseph C. Wilkinson, Jr. Motion Hearing set for 2/16/2011 11:00 AM before Magistrate Judge Joseph C. Wilkinson Jr.. (Attachments: # 1 Memorandum in Support, # 2 37.1 Certificate, # 3 Proposed Order, # 4 Notice of Hearing, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D)(Goldman, Tanya) Modified on 2/1/2011 (lag, ). (Entered: 01/31/2011)

1 Memorandum in Support

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2 37.1 Certificate

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3 Proposed Order

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4 Notice of Hearing

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5 Exhibit A

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6 Exhibit B

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7 Exhibit C

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8 Exhibit D

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Jan. 31, 2011 RECAP
27

MOTION to Strike Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold, MOTION to Exclude Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold by Boh Brothers Construction Company, LLC. Motion Hearing set for 2/16/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Notice of Submission, # 5 Proposed Order)(Christy, Walter) (Entered: 02/01/2011)

1 Memorandum in Support

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2 Exhibit

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3 Exhibit

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4 Notice of Submission (Civil Only)

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5 Proposed Order

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Feb. 1, 2011 PACER
28

EXPARTE/CONSENT MOTION for Leave to File Memorandum in Support of Motion for Summary Judgment in Excess of 25 Page Limitation Not to Exceed 30 Pages by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Proposed Pleading, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Proposed Pleading, # 16 Proposed Pleading, # 17 Proposed Order)(Christy, Walter) (Entered: 02/01/2011)

1 Proposed Order

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2 Proposed Pleading

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3 Proposed Pleading

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4 Exhibit

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5 Exhibit

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6 Exhibit

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12 Exhibit

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13 Exhibit

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14 Exhibit

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15 Proposed Pleading

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16 Proposed Pleading

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17 Proposed Order

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Feb. 1, 2011 RECAP
29

Correction of Docket Entry by Clerk re 27 MOTION to Strike,MOTION to Exclude, 28 MOTION for Leave to File ; The title of the attached Notice should reflect "Notice of Submission" instead of "Notice of Hearing" on the actual document, pursuant to the Local Rules. (lag, ) (Entered: 02/02/2011)

Feb. 2, 2011 PACER
30

ORDER granting 28 Motion for Leave to File motion for summary judgment in excess of 25 pages. Signed by Judge Ivan L.R. Lemelle on 2/2/2011. (lag, ) (Entered: 02/03/2011)

Feb. 3, 2011 PACER
31

MOTION for Summary Judgment by Boh Brothers Construction Company, LLC. Motion Hearing set for 2/16/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Statement of Contested/Uncontested Facts, # 3 Exhibit A-B, # 4 Exhibit C-K, # 5 Notice of Submission, # 6 Proposed Order)(lag, ) (Entered: 02/03/2011)

1 Memorandum in Support

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2 Statement of Contested/Uncontested Facts

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3 Exhibit A-B

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4 Exhibit C-K

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5 Notice of Submission (Civil Only)

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6 Proposed Order

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Feb. 3, 2011 PACER
32

ORDER finding as moot 26 Motion to Compel. Signed by Magistrate Judge Joseph C. Wilkinson, Jr. (car, ) (Entered: 02/04/2011)

Feb. 4, 2011 PACER
33

ORDER granting 31 Motion for Summary Judgment. Signed by Judge Ivan L.R. Lemelle on 2/10/2011. (lag, ) (Entered: 02/11/2011)

Feb. 11, 2011 PACER
34

ORDER VACATING 33 Order on Motion for Summary Judgment ; Opposition to said motion shall be filed in accordance with the Court's previous order. Signed by Judge Ivan L.R. Lemelle.(lag, ) (Entered: 02/11/2011)

Feb. 11, 2011 PACER
35

RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 27 MOTION to Strike Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold MOTION to Exclude Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Juge, Gregory) (Entered: 02/11/2011)

1 Exhibit 1

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2 Exhibit 2

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Feb. 11, 2011 PACER
36

RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 31 MOTION for Summary Judgment. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibits Declaration, # 12 Statement of Contested/Uncontested Facts)(Goldman, Tanya) (Entered: 02/11/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibits Declaration

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12 Statement of Contested/Uncontested Facts

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Feb. 11, 2011 RECAP
37

EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) (Entered: 02/14/2011)

1 Proposed Order

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2 Proposed Pleading

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Feb. 14, 2011 PACER
38

EXPARTE/CONSENT MOTION for Leave to File Reply to Plaintiff's Opposition to Defendant's Daubert Motion and Motion to Strike and/or Motion in Limine to Exclude the Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Exhibit, # 4 Exhibit)(Christy, Walter) (Entered: 02/14/2011)

1 Proposed Order

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2 Proposed Pleading

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3 Exhibit

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4 Exhibit

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Feb. 14, 2011 PACER
39

ORDER granting 37, 38 Motions for Leave to File replies. Signed by Judge Ivan L.R. Lemelle on 2/15/2011. (lag, ) (Entered: 02/16/2011)

Feb. 16, 2011 PACER
40

REPLY to Response to Motion filed by Boh Brothers Construction Company, LLC re 31 MOTION for Summary Judgment. (lag, ) (Entered: 02/16/2011)

Feb. 16, 2011 PACER
41

REPLY to Response to Motion filed by Boh Brothers Construction Company, LLC re 27 MOTION to Strike Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold MOTION to Exclude Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(lag, ) (Entered: 02/16/2011)

1 Exhibit A

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2 Exhibit B

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Feb. 16, 2011 PACER
42

Proposed Pretrial Order by Boh Brothers Construction Company, LLC, Equal Employment Opportunity Commission (Goldman, Tanya) (Entered: 02/18/2011)

Feb. 18, 2011 PACER
43

ORDERED that the Court will hear oral argument on the 27 MOTION to Strike Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold and/or MOTION to Exclude Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold and the 31 MOTION for Summary Judgment on 2/28/2011 at 11:30 AM. FURTHER ORDERED that the Final Pretrial Conference set for 2/25/11 is CONTINUED and will take place on 2/28/2011 following oral argument. Signed by Judge Ivan L.R. Lemelle on 2/25/11.(dno, ) (Entered: 02/25/2011)

Feb. 25, 2011 PACER
44

ORDER denying 31 Motion for Summary Judgment ; FURTHER ORDERED that dft's attempt to raise the Ellerth/Faragher affirmative defense at this stage of the proceedings is denied without prejudice to dft to reurge the defense at trial. Signed by Judge Ivan L.R. Lemelle. (lag, ) (Entered: 03/01/2011)

Feb. 28, 2011 RECAP
45

ORDER granting 27 Motion to Strike, Motion to Exclude testimony and report of pla's designated expert. Signed by Judge Ivan L.R. Lemelle. (lag, ) (Entered: 03/01/2011)

Feb. 28, 2011 RECAP
46

Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Final Pretrial Conference held, Motion Hearing held on 2/28/2011 re 31 MOTION for Summary Judgment ; 27 MOTION to Strike, MOTION to Exclude Testimony and Report of Plaintiff's Designated Expert, Liza H. Gold. (Court Reporter Susan Zielie.) (lag, ) (Entered: 03/01/2011)

Feb. 28, 2011 PACER
47

TRIAL PREPARATION ORDER: Jury Trial set for 3/21/2011 08:30 AM before Judge Ivan L.R. Lemelle.. Signed by Judge Ivan L.R. Lemelle.(lag, ) (Entered: 03/01/2011)

Feb. 28, 2011 PACER
48

Proposed Jury Instructions by Boh Brothers Construction Company, LLC, Equal Employment Opportunity Commission. (Goldman, Tanya) (Entered: 03/14/2011)

March 14, 2011 PACER
49

Proposed Jury Verdict Form by Boh Brothers Construction Company, LLC, Equal Employment Opportunity Commission. (Attachments: # 1 Appendix A)(Goldman, Tanya) (Entered: 03/14/2011)

1 Appendix A

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March 14, 2011 PACER
50

Proposed Voir Dire by Equal Employment Opportunity Commission. (Goldman, Tanya) (Entered: 03/14/2011)

March 14, 2011 PACER
51

Memorandum by Equal Employment Opportunity Commission of Responses to Defendant's Objections to EEOC's Exhibits (Goldman, Tanya) (Entered: 03/14/2011)

March 14, 2011 PACER
52

TRIAL BRIEF by Boh Brothers Construction Company, LLC. (Christy, Walter) (Entered: 03/14/2011)

March 14, 2011 RECAP
53

Proposed Voir Dire by Boh Brothers Construction Company, LLC. (Christy, Walter) (Entered: 03/14/2011)

March 14, 2011 PACER
54

Memorandum by Boh Brothers Construction Company, LLC of Response to Plaintiff's Objections to Defendant's Proposed Exhibits (Christy, Walter) (Entered: 03/14/2011)

March 14, 2011 PACER
55

Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Jury Trial begun on 3/21/2011. Trial continued to 3/22/2011 8:30 AM. (Court Reporter Susan Zielie.) (lag, ) (Entered: 03/24/2011)

March 21, 2011 PACER
56

Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Jury Trial held on 3/22/2011. Trial continued to 3/23/2011 9:00 AM. (Court Reporter Susan Zielie.) (lag, ) (Entered: 03/24/2011)

March 22, 2011 PACER
57

Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Jury Trial held on 3/23/2011. Deliberations continue to 3/24/2011 8:30 AM. (Court Reporter Susan Zielie.) (Attachments: # 1 Stipulation, # 2 Jury Questions, # 3 Certification of Trial Exhibits, # 4 Ntc of Removal of Exhibits) (lag, ) (Entered: 03/24/2011)

1 Stipulation

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2 Jury Questions

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3 Certification of Trial Exhibits

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4 Ntc of Removal of Exhibits

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March 23, 2011 PACER
58

Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Jury Trial completed on 3/24/2011. (Court Reporter Susan Zielie.) (Attachments: # 1 Jury Charges, # 2 Jury Interrogatories) (lag, ) (Additional attachment(s) added on 3/30/2011: # 3 Exhibit List) (lag, ). (Entered: 03/24/2011)

1 Jury Charges

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2 Jury Interrogatories

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3 Exhibit List

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March 24, 2011 PACER
59

ORDER that judgment will be rendered in favor of plaintiff against defendant as set forth in document; FURTHER ORDERED that pla shall file motion for injunctive relief by 4/8/2011 and hearing shall occur 4/27/2011 9:00 AM in open court; the Court directs the Clerk of Court to conduct taxation of costs hearing to assess costs in favor of pla. Signed by Judge Ivan L.R. Lemelle.(lag, ) (Entered: 03/29/2011)

March 28, 2011 PACER
60

MOTION for Permanent Injunction (Judgment of Injunctive Relief) by Equal Employment Opportunity Commission. Motion set for 4/27/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Appendix A, # 3 Proposed Judgment of Injunctive Relief, # 4 Notice of Submission)(Juge, Gregory) (Entered: 04/07/2011)

1 Memorandum in Support

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2 Appendix A

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3 Proposed Judgment of Injunctive Relief

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4 Notice of Submission (Civil Only)

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April 7, 2011 PACER
61

Order to Pay Jurors Meals. Signed by Judge Ivan L.R. Lemelle on 4/4/2011.(lag, ) (Entered: 04/08/2011)

April 7, 2011 PACER
62

EXPARTE/CONSENT MOTION Reschedule Hearing by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order)(Christy, Walter) (Entered: 04/11/2011)

1 Proposed Order

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April 11, 2011 PACER
63

ORDER granting 62 MOTION to Reschedule Hearing, Resetting Hearing on 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) for 5/9/2011 09:00 AM before Judge Ivan L.R. Lemelle. Signed by Judge Ivan L.R. Lemelle.(lag, ) (Entered: 04/12/2011)

April 12, 2011 PACER
64

EXPARTE/CONSENT MOTION for Extension of Time to File Response/Reply as to 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order)(Christy, Walter) Modified on 4/15/2011 (lag, ). (Entered: 04/14/2011)

1 Proposed Order

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April 14, 2011 PACER
65

ORDER granting 64 Motion for Extension of Time to File Response/Reply by 4/19/2011. Signed by Judge Ivan L.R. Lemelle. (lag, ) (Entered: 04/15/2011)

April 15, 2011 PACER
66

RESPONSE/MEMORANDUM in Opposition filed by Boh Brothers Construction Company, LLC re 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) . (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Christy, Walter) Modified on 4/20/2011 (lag, ). (Entered: 04/19/2011)

1 Exhibit

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5 Exhibit

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April 19, 2011 PACER
67

MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59 by Boh Brothers Construction Company, LLC. Motion set for 5/11/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Christy, Walter) (Entered: 04/25/2011)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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April 25, 2011 PACER
68

MOTION Remit Judgment Pursuant to Federal Rule of Civil Procedure 59(e) by Boh Brothers Construction Company, LLC. Motion set for 5/11/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Christy, Walter) (Entered: 04/25/2011)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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April 25, 2011 PACER
69

EXPARTE/CONSENT MOTION for Leave to File Memorandum in Support of Motion for Judgment as a Matter of Law in Excess of 25 Page Limitation Not to Exceed 28 Pages by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading, # 3 Proposed Pleading, # 4 Proposed Pleading, # 5 Proposed Pleading)(Christy, Walter) (Entered: 04/25/2011)

1 Proposed Order

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2 Proposed Pleading

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3 Proposed Pleading

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4 Proposed Pleading

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5 Proposed Pleading

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April 25, 2011 PACER
70

EXPARTE/CONSENT MOTION to Continue Submission Dates for Defendant's Rule 50, 59, and 59(e) Post-Trial Motions by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order)(Goldman, Tanya) (Entered: 04/26/2011)

1 Proposed Order

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April 26, 2011 PACER
71

REPLY to Response to Motion filed by Equal Employment Opportunity Commission re 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) . (Attachments: # 1 Exhibit A)(Goldman, Tanya) Modified on 4/26/2011 (lag, ). (Entered: 04/26/2011)

1 Exhibit A

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April 26, 2011 PACER
72

TRANSCRIPT of Jury Trial Proceedings-Day 1 held on 03/21/2011 before Judge Ivan L.R. Lemelle. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 7/25/2011. (bgh, ) (Entered: 04/26/2011)

April 26, 2011 PACER
73

TRANSCRIPT of Jury Trial Proceedings - Day 2 held on 03/22/2011 before Judge Ivan L.R. Lemelle. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 7/25/2011. (bgh, ) (Entered: 04/26/2011)

April 26, 2011 PACER
74

TRANSCRIPT of Jury Trial Proceedings - Day 3 held on 03/23/2011 before Judge Ivan L.R. Lemelle. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 7/25/2011. (bgh, ) (Entered: 04/26/2011)

April 26, 2011 PACER
75

TRANSCRIPT of Jury Trial Proceedings-Day 4 held on 03/24/2011 before Judge Ivan L.R. Lemelle. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 7/25/2011. (bgh, ) (Entered: 04/26/2011)

April 26, 2011 PACER
76

ORDER granting 69 Motion for Leave to File memorandum in support of its Motion for Judgment as a Matter of Law in excess of twenty five pages not to exceed twenty eight pages. Signed by Judge Ivan L.R. Lemelle on 4/26/2011. (blg) (Entered: 04/27/2011)

April 26, 2011 PACER
77

MOTION for Judgment as a Matter of Law by Boh Brothers Construction Company, LLC. Motion set for 5/11/2011 09:00 AM before Judge Ivan L.R. Lemelle. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(blg) (Entered: 04/27/2011)

1 Memorandum in Support

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2 Notice of Submission (Civil Only)

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3 Proposed Order

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April 26, 2011 PACER
78

ORDER 70 MOTION to Continue submission dates on 68 MOTION Remit Judgment Pursuant to Federal Rule of Civil Procedure 59(e), 67 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59, 77 MOTION for Judgment as a Matter of Law : Motions reset for 6/22/2011 before Judge Ivan L.R. Lemelle. Signed by Judge Ivan L.R. Lemelle.(lag, ) (Entered: 04/28/2011)

April 28, 2011 PACER
79

ORDER: Oral Argument on 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) scheduled for 5/9/2011 is rescheduled and will take place 5/13/2011 at 09:00 AM before Judge Ivan L.R. Lemelle. Signed by Judge Ivan L.R. Lemelle.(ijg, ) (Entered: 05/04/2011)

May 4, 2011 PACER
80

ORDERED that 60 MOTION for Injunctive Relief, 67 MOTION for New Trial, 68 MOTION Remit Judgment and 77 MOTION for Judgment as a Matter of Law is CONTINUED and reset for 6/24/2011 09:00 AM before Judge Ivan L.R. Lemelle. FURTHER ORDERED that, prior to the hearing, counsel for the parties shall discuss in good faith options for the substantive content of a proposed Order and Judgment as stated within document. FURTHER ORDERED that, if counsel for the parties reach an impasse, they shall send to the court a joint letter outlining the work already done and the issue(s) causing said impasse no later than 6/21/2011. Signed by Judge Ivan L.R. Lemelle.(gec, ) (Entered: 05/16/2011)

May 13, 2011 PACER
81

Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Motion Hearing held on 5/13/2011 re 77 MOTION for Judgment as a Matter of Law; 68 MOTION Remit Judgment Pursuant to Federal Rule of Civil Procedure 59(e) ; 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) ; 67 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59. (Court Reporter David Zarek.) (lag, ) (Entered: 06/01/2011)

May 13, 2011 PACER
82

RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 77 MOTION for Judgment as a Matter of Law. (Goldman, Tanya) (Entered: 06/10/2011)

June 10, 2011 PACER
83

RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 68 MOTION Remit Judgment Pursuant to Federal Rule of Civil Procedure 59(e) . (Goldman, Tanya) Modified on 6/13/2011 (lag, ). (Entered: 06/10/2011)

June 10, 2011 PACER
84

RESPONSE/MEMORANDUM in Opposition filed by Equal Employment Opportunity Commission re 67 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59. (Goldman, Tanya) (Entered: 06/10/2011)

June 10, 2011 PACER
85

DEFICIENT EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Remit the Judgment Pursuant to Federal Rule of Civil Procedure 59(e) by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) Modified on 6/23/2011 (lag, ). (Entered: 06/22/2011)

1 Proposed Order

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2 Proposed Pleading

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June 22, 2011 PACER
86

DEFICIENT EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for New Trial Pursuant to Federal Rule of Civil Procedure 59 by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) Modified on 6/23/2011 (lag, ). (Entered: 06/22/2011)

1 Proposed Order

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2 Proposed Pleading

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June 22, 2011 PACER
87

DEFICIENT EXPARTE/CONSENT MOTION for Leave to File Reply Brief in Support of Federal Rule of Civil Procedure 50(b) Motion for Judgment as a Matter of Law by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) Modified on 6/23/2011 (lag, ). (Entered: 06/22/2011)

1 Proposed Order

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2 Proposed Pleading

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June 22, 2011 PACER
88

Letter to Court from Tanya L. Goldman dated 6/23/2011 (lag, ) (Entered: 06/23/2011)

June 23, 2011 PACER
89

Letter to Court from Walter W. Christy dated 6/23/2011 (lag, ) (Entered: 06/23/2011)

June 23, 2011 PACER
90

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for a New Trial Pursuant to Federal Rule of Civil Procedure 59 and to File Reply Memorandum in Excess of 10 Page Limitation by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) (Entered: 06/23/2011)

1 Proposed Order

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2 Proposed Pleading

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June 23, 2011 PACER
91

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Remit the Judgment Pursuant to Federal Rule of Civil Procedure 59(e) and to File Reply Memorandum in Excess of 10 Page Limitation by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) (Entered: 06/23/2011)

1 Proposed Order

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2 Proposed Pleading

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June 23, 2011 PACER
92

EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Federal Rule of Civil Procedure 50(b) Motion for Judgment as a Matter of Law and to File Reply Memorandum in Excess of 10 Page Limitation by Boh Brothers Construction Company, LLC. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading)(Christy, Walter) (Entered: 06/23/2011)

1 Proposed Order

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2 Proposed Pleading

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June 23, 2011 PACER
94

Minute Entry for proceedings held before Judge Ivan L.R. Lemelle: Motion Hearing held on 6/24/2011 re 60 MOTION for Permanent Injunction (Judgment of Injunctive Relief) filed by Equal Employment Opportunity Commission, 77 MOTION for Judgment as a Matter of Law, 68 MOTION to Remit Judgment Pursuant to Federal Rule of Civil Procedure 59(e), and 67 MOTION for New Trial Pursuant to Federal Rule of Civil Procedure 59 filed by Boh Brothers Construction Company, LLC. (Court Reporter Susan Zielie.) (ijg, ) (Entered: 06/29/2011)

June 24, 2011 PACER
93

ORDER that 67 Motion for New Trial & 77 Motion for Judgment as a Matter of Law are denied; FURTHER ORDERED that 68 Motion to Remit Judgment is granted in part and denied in part; FURTHER ORDERED that jury's award of damages is reduced as set forth in document; FURTHER ORDERED that 60 Motion for Permanent Injunction is taken under submission; FURTHER ORDERED that 90, 91, 92 Motions for Leave to File are dismissed as moot. Signed by Judge Ivan L.R. Lemelle on 6/24/2011. (lag, ) (Entered: 06/27/2011)

June 27, 2011 PACER
95

EXPARTE/CONSENT MOTION to Stay re 93 Order Pending Adjudication of Appeal by Boh Brothers Construction Company, LLC. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Christy, Walter) Modified on 7/12/2011 (lag, ). (Entered: 07/11/2011)

1 Memorandum in Support

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2 Proposed Order

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July 11, 2011 PACER
96

EXPARTE/CONSENT MOTION Approval of Supersedeas Bond by Boh Brothers Construction Company, LLC. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Proposed Order)(Christy, Walter) (Entered: 07/11/2011)

1 Memorandum in Support

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2 Exhibit

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3 Proposed Order

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July 11, 2011 PACER
97

ORDER granting 95 Motion to Stay Execution of Judgment; granting 96 Motion for Approval of Supersedeas Bond. Dft shall file original supersedeas bond into registry of the Court within 5 days. Signed by Judge Ivan L.R. Lemelle on 7/19/2011. (NEF: Financial) (lag, ) (Entered: 07/20/2011)

July 20, 2011 PACER
98

Notice of Compliance by Boh Brothers Construction Company, LLC re 97 Order. (Attachments: # 1 Exhibit)(Christy, Walter) Modified on 7/25/2011 (mmv, ). (Entered: 07/22/2011)

1 Exhibit

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July 22, 2011 PACER
99

BILL OF COSTS by Equal Employment Opportunity Commission before Clerk of Court (Attachments: # 1 Motion to Tax Costs, # 2 Notice of Submission)(Goldman, Tanya) (Entered: 07/29/2011)

1 Motion to Tax Costs

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2 Notice of Submission (Civil Only)

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July 29, 2011 PACER
100

TRANSCRIPT of Motion Proceedings held on 06/24/2011 before Judge Ivan L.R. Lemelle. Court Reporter/Recorder Susan Zielie, Telephone number 504-589-7781. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 11/2/2011. (bgh, ) (Entered: 08/04/2011)

Aug. 4, 2011 PACER

State / Territory: Louisiana

Case Type(s):

Equal Employment

Key Dates

Filing Date: Sept. 23, 2009

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

EEOC, on behalf of a male employee of Boh Bros. Construction Co.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Boh Bros. Construction Co. (New Orleans, Orleans), None

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 301,000

Order Duration: 2011 - 2014

Content of Injunction:

Retaliation Prohibition

Reporting

Provide antidiscrimination training

Preliminary relief granted

Monitoring

Monitor/Master

Follow recruitment, hiring, or promotion protocols

Discrimination Prohibition

Develop anti-discrimination policy

Auditing

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Discipline

Harassment / Hostile Work Environment

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

Pay / Benefits

Discrimination-basis:

Gender identity

Sex discrimination

Sexual orientatation

Affected Gender:

Male

EEOC-centric:

Direct Suit on Merits