2011 WL 3585599

2011 WL 3648483

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

No Court

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

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)

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

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

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)

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)

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)

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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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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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)

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

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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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)

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

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

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

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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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)

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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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)

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)

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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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)

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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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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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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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 Proposed Pleading

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16 Proposed Pleading

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17 Proposed Order

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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)

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)

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

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

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)

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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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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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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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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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)

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

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

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)

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)

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)

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)

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)

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

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

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

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

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

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

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)

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)

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)

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3 Certification of Trial Exhibits

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4 Ntc of Removal of Exhibits

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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)

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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)

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

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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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)

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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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)

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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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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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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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)

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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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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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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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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)

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)

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)

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)

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)

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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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)

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)

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)

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)

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)

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)

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)

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)

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

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

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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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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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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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)

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)

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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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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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)

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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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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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)