Case: U.S. Equal Employment Opportunity Commission v. LAS Hardwoods, Inc

COMPLAINT filed by U.S. Equal Employment Opportunity Commision; Jury Demand. (Banaszak, Elizabeth) (Entered: 06/13/2024)

CIVIL Cover Sheet (Banaszak, Elizabeth) (Entered: 06/13/2024)

ATTORNEY Appearance for Plaintiff U.S. Equal Employment Opportunity Commision by Deborah Lois Hamilton (Hamilton, Deborah) (Entered: 06/13/2024)

ATTORNEY Appearance for Plaintiff U.S. Equal Employment Opportunity Commision by Anne Michela Gallerano (Gallerano, Anne) (Entered: 06/13/2024)

CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 1). (mcp, )

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mcp, )

WAIVER OF SERVICE returned executed by U.S. Equal Employment Opportunity Commision. LAs Hardwoods, Inc waiver sent on 6/13/2024, answer due 8/12/2024. (Banaszak, Elizabeth) (Entered: 06/27/2024)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 8/28/2024 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (lma, ) (Entered: 06/27/2024)

STATUS Report Joint R. 26(f) Report by U.S. Equal Employment Opportunity Commision (Banaszak, Elizabeth) (Entered: 08/21/2024)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing held on 8/28/2024. For the reasons stated on the record and without objection from Plaintiff, Defendant's deadline to answer or otherwise respond to Plaintiff's complaint is extended until 9/25/2024. Telephonic status hearing set for 9/25/2024 at 10:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 08/30/2024)

MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 9/25/2024. Attorney Adam Augustynski appeared as counsel for Defendant LAS Hardwoods, Inc. Defendant's deadline to answer or otherwise respond to Plaintiff's complaint is extended until 10/9/2024. The Court adopts the parties' proposed case schedule set forth in their initial joint status report 7 . The parties shall serve Fed. R. Civ. P. 26(a)(1) initial disclosures by 10/21/2024. Fact discovery shall be completed by 6/30/2025. By 11/25/2024, the parties shall file a joint status report setting forth: (1) the current status of discovery, including what progress has been made, whether the parties are aware of any discovery disputes that will require the Court's involvement, whether the parties are aware of any reason why they will not be able to complete fact discovery by the 6/30/2025 deadline, and whether the parties believe they will need an ESI protocol; (2) the parties' views regarding prospects for settlement and whether the parties request a referral to the magistrate judge for a settlement conference; and (3) whether the parties require a telephonic status hearing and, if so, what matters the parties feel it would be helpful to discuss with the Court. Mailed notice (lma, ) (Entered: 09/26/2024)

ATTORNEY Appearance for Defendant LAS Hardwoods, Inc by Adam John Augustynski. (Received at the Intake Counter on 09/26/2024) (rc, ) (Entered: 09/26/2024)

MOTION by Defendant LAS Hardwoods, Inc to dismiss complaint. (Received at the Intake Counter on 10/09/2024) (rc, ) (Entered: 10/09/2024)

MINUTE entry before the Honorable Andrea R. Wood: At the emailed request of the parties, the Court sets the following briefing schedule on Defendant's motion to dismiss complaint of Plaintiff 11 . Plaintiff shall file a response by 10/25/2024. Defendant shall file a reply by 11/8/2024. Mailed notice (lma, ) (Entered: 10/24/2024)

MEMORANDUM by U.S. Equal Employment Opportunity Commission in Opposition to motion to dismiss 11 (Banaszak, Elizabeth) (Entered: 10/25/2024)

REPLY by LAS Hardwoods, Inc to motion of defendant to dismiss complaint of plaintiff 13 . (Received at the Intake Counter on 11/08/2024) (rc, ) (Entered: 11/12/2024)

STATUS Report Joint Status Report by U.S. Equal Employment Opportunity Commission (Gallerano, Anne) (Entered: 11/25/2024)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/31/2024)

Local Rule 37.2 Statement and Exhibits in Support of Motion to Compel STATEMENT by U.S. Equal Employment Opportunity Commission (Attachments: # 1 Exhibit deficiency letter, # 2 Exhibit email, # 3 Exhibit email, # 4 Exhibit email, # 5 Exhibit email, # 6 Exhibit email)(Gallerano, Anne) (Entered: 01/23/2025)

MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to compel Initial Disclosures and Discovery Responses (Attachments: # 1 Exhibit EEOC RFPDs, # 2 Exhibit EEOC ROGs, # 3 Exhibit EEOC RFAs, # 4 Exhibit Def. Resp. to ROGs, # 5 Exhibit Def. Resp. to RFAs)(Gallerano, Anne) (Entered: 01/23/2025)

MINUTE entry before the Honorable Andrea R. Wood: The case is referred to the magistrate judge for discovery supervision, including pending motion 18, with the magistrate judge having authority to adjust discovery deadlines, if necessary. Telephonic status hearing set for 5/15/2025 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 01/27/2025)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: discovery supervision. (lma, ) (Entered: 01/27/2025)

MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for discovery supervision, including the pending motion to compel 18, with the authority to adjust discovery deadlines [19, 20]. Plaintiff's motion to compel 18 is entered and continued. Defendant's response due 02/10/2025. No reply to be filed without leave of the Court. Should additional disputes arise during discovery, parties are directed to review Magistrate Judge McShain's requirements for discovery motions (available on the Court's website by selecting the link for Magistrate Judge McShain and then the link for "Discovery Motion Requirements") in advance of the filing of any discovery motion. The parties are expected to proceed with discovery unless they move for and obtain a court-ordered stay of discovery. Joint status report due 03/24/2025 to update the Court on (a) the progress of discovery; (b) the state of settlement discussions, if any; and (c) any other matters the parties believe should be brought to the Court's attention. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) (Entered: 01/31/2025)

RESPONSE by LAS Hardwoods, Incin Opposition to MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to compel Initial Disclosures and Discovery Responses 18 (Augustynski, Adam) (Entered: 02/10/2025)

MINUTE entry before the Honorable Heather K. McShain: With defendant's response 22, plaintiff's motion to compel initial disclosures and discovery responses 18 is now fully briefed. As to plaintiff's requests for production, defendant admits that "there has not yet been a formal response paragraph by paragraph to the written requests for discovery," as required by Rule 34(b)(2), but states that defendant has produced responsive documents. Defendant states that it will provide "an updated line-by-line response." As to plaintiff's request that defendant identify ESI responsive to plaintiff's discovery requests and produce it in a usable format, defendant states that it will confer again with plaintiff on this issue. Although the parties originally indicated a formal ESI protocol was not necessary 15, in light of the dispute, the parties are urged to work cooperatively on an ESI protocol to govern the collection and production of ESI discovery in this case. In addressing certain discovery requests, defendant indicates an intention to produce certain discovery subject to a protective order. The Court notes that there is no confidentiality order entered in this case and urges the parties to work cooperatively on a joint protective order in accordance with Judge McShain's standing order (available on the Court's website by selecting the link for Magistrate Judge McShain and then the link for "Confidentiality Agreements, Protective Orders, and Filing Material Under Seal"). Defendant also states that it "intends to file its Rule 26(a)(1) disclosures within the next two weeks." Rule 26(a)(1) initial disclosures were due 10/21/2024 10 . Defendant's initial disclosures are therefore egregiously untimely already and the Court orders defendant to serve its initial disclosures by 02/19/2025. It appears that defendant has been procedurally noncompliant in other ways throughout the discovery process, as briefly noted above. The Court enforces strict compliance with the Federal Rules of Civil Procedure and the Northern District of Illinois Local Rules and expects defendant to cure any procedural deficiencies. Nevertheless, based on defendant's representations regarding anticipated future productions and conferrals with plaintiff, the Court denies plaintiff's motion to compel 18 without prejudice, to be refiled in the event there are remaining issues ripe for the Court's consideration. The parties are directed to meet and confer on the issues that are the subject of plaintiff's motion in compliance with Local Rule 37.2 and Judge McShain's standing order (available on the Court's website by selecting the link for Magistrate Judge McShain and then the link for "Discovery Motion Requirements"). The Court specifically emphasizes that the standing order requires parties to make good faith attempts to resolve differences by consulting in person or by videoconference before bringing a discovery dispute before the Court. Mailed notice. (pk, ) (Entered: 02/12/2025)

STATUS Report Joint Status Report by U.S. Equal Employment Opportunity Commission Presented before Magistrate Judge (Gallerano, Anne) (Entered: 03/24/2025)

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 24, which reports that the parties have exchanged written discovery requests and responses and that the parties are working on a confidentiality order. The parties summarize the status of depositions and indicate that they anticipate being able to complete depositions by the close of fact discovery on 06/30/2025. The parties report that they continue to confer on discovery issues. On settlement, plaintiff indicates that it would participate in a settlement conference; defendant does not appear to agree to participate in a settlement conference and maintains that there is no merit to plaintiff's allegations. Further joint status report due 05/23/2025 to update the Court on (a) the progress of discovery; (b) the state of settlement discussions, if any; and (c) any other matters the parties believe should be brought to the Court's attention. Should there be mutual interest in scheduling a settlement conference with Magistrate Judge McShain prior to the joint status report deadline, the parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov). Mailed notice. (pk, ) (Entered: 03/27/2025)

MINUTE entry before the Honorable Andrea R. Wood: As discovery continues without apparent issue under the supervision of the magistrate judge and Defendant's motion to dismiss 11 remains under advisement, the telephonic status hearing before Judge Wood set for 5/15/2025 is stricken and reset for 7/15/2025 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (650) 479-3207 and the access code is 1808131170. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) (Entered: 05/14/2025)

Local Rule 37.2 Statement and Exhibits in Support of Motion to Compel STATEMENT by U.S. Equal Employment Opportunity Commission (Attachments: # 1 Exhibit deficiency letter, # 2 Exhibit email, # 3 Exhibit email, # 4 Exhibit email, # 5 Exhibit email, # 6 Exhibit email, # 7 Exhibit email, # 8 Exhibit letter)(Gallerano, Anne) (Entered: 05/15/2025)

MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to compel Discovery Responses Presented before Magistrate Judge (Attachments: # 1 Exhibit EEOC RFPDs, # 2 Exhibit EEOC ROGs, # 3 Exhibit EEOC RFAs, # 4 Exhibit Def. Resp. to ROGs, # 5 Exhibit Def. Resp. to RFAs)(Gallerano, Anne) (Entered: 05/15/2025)

MINUTE entry before the Honorable Heather K. McShain: Plaintiff's motion to compel 28 is entered and continued. Defendant's response due 06/02/2025. No reply to be filed without leave of the Court. Once the Court has reviewed the briefs, it will decide whether it can rule on the papers or whether a motion hearing is required. Mailed notice. (pk, ) (Entered: 05/19/2025)

STATUS Report Joint Status Report by U.S. Equal Employment Opportunity Commission Presented before Magistrate Judge (Gallerano, Anne) (Entered: 05/23/2025)

MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report 30, which reports that the parties have exchanged written discovery requests/responses and produced documents. The parties are still working on a confidentiality order, but report that confidential documents are not being withheld. The parties have completed three depositions, defendant has noticed another deposition, and plaintiff indicates that whether it will notice additional depositions will depend on the outcome of the pending motion to compel 28 . The parties jointly request an extension of the 06/30/2025 fact discovery deadline 10 to 08/30/2025 in order to complete additional discovery and to account for the parties' requested settlement conference. Requests to extend case deadlines are not properly made in joint status reports and the Court will require a formal motion establishing good cause for the requested extension of discovery. On settlement, the parties request a settlement conference with Magistrate Judge McShain. A telephonic status hearing is set for 06/04/2025 at 8:30 a.m. to discuss the parties' interest in settlement and, if appropriate, set a schedule for the exchange of settlement proposals and a date for the settlement conference. Counsel primarily responsible for representing the parties must participate in this conference call, and counsel should come prepared to discuss the availability of counsel and decisionmakers in June, July, and August. The Court will also address logistics for the settlement conference itself, which will take place remotely. In advance of the telephonic status hearing, counsel are directed to review Magistrate Judge McShain's Standing Order for Settlement Conferences (available on the Court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for "Settlement Conferences"). To participate in the telephonic status hearing, the dial-in number is 650-479-3207, followed by access code 1808 98 4405#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The Court will refrain from setting the next joint status report deadline until receipt of the parties' anticipated motion to extend the fact discovery deadline. Mailed notice. (pk, ) (Entered: 05/28/2025)

RESPONSE by LAS Hardwoods, Inc to MOTION by Plaintiff U.S. Equal Employment Opportunity Commission to compel Discovery Responses Presented before Magistrate Judge 28 (Augustynski, Adam) (Entered: 06/02/2025)

MINUTE entry before the Honorable Heather K. McShain: Telephonic status hearing held on 06/04/2025. Remote settlement conference is set for 07/21/2025 at 1:00 p.m. Plaintiff to provide settlement proposal to defendant by 06/13/2025. Defendant to provide response settlement proposal by 06/25/2025. All settlement proposals should be emailed to the Court at Settlement_Correspondence_McShain@ilnd.uscourts.gov on the same day they are provided to opposing counsel. Please note that settlement proposals are not to be filed on the CM-ECF system. The parties are encouraged to keep talking with one another after they exchange their settlement proposals, to further the settlement negotiations in advance of the conference itself. By 07/14/2025, parties shall confer and send ONE email to Chambers_McShain@ilnd.uscourts.gov identifying the names and email addresses of the individuals who intend to participate in the settlement conference. Parties have no objection to the Court having ex parte discussions with counsel in advance of the settlement conference if the Court believes such conversations would be warranted. The parties are directed to review and comply with Judge McShain's Standing Order for Settlement Conferences (available on the court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for "Settlement Conference"). Individuals with full and complete settlement authority on behalf of the parties are ordered to personally participate in the settlement conference. Parties' joint oral motion to stay discovery in order to focus on settlement is granted. In light of the stay of discovery, plaintiff's motion to compel discovery responses 28 is denied without prejudice and may be refiled if the case does not settle. To the extent the case does not settle, joint status report due by 07/28/2025 to update on outstanding fact discovery and provide a proposed revised schedule for its completion. Mailed notice. (pk, ) (Entered: 06/04/2025)

Stay

ORAL MOTION by Defendant LAS Hardwoods, Inc, Plaintiff U.S. Equal Employment Opportunity Commission to stay discovery. Presented before Magistrate Judge (pk, )