Case: EEOC v. WYETH d/b/a FORT DODGE ANIMAL HEALTH

EEOC v. Wyeth d/b/a Fort Dodge Animal Health

EEOC v. Wyeth d/b/a Fort Dodge Animal Health

EEOC v. Wyeth d/b/a Fort Dodge Animal Health

EEOC v. Wyeth d/b/a Fort Dodge Animal Health

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (w/notice,consents,report form, LR16/3.2/41.1 to atty for svc) (AO#1451 to filing atty) SCHEDULING REPORT DDL 2/5/03 {Related Case C00-3079MWB} DES Modified on 09/18/2002 (Entered: 09/18/2002)

DEMAND FOR JURY TRIAL by plaintiff EEOC DES (Entered: 09/18/2002)

WAIVER OF SERVICE executed upon defendant Wyeth 10/14/02 answer due on 12/13/02 for Wyeth DES (Entered: 10/21/2002)

ANSWER by defendant Wyeth to complaint [1-1] ; answer ddl satisfied. DES (Entered: 11/25/2002)

SCHEDULING REPORT AND DISCOVERY PLAN - Scheduling report ddl satisfied KFS (Entered: 01/16/2003)

SCHEDULING ORDER by Magistrate Judge Paul A. Zoss additional parties due 3/07/03 motions to amend ddl 3/07/03 Plaintiff experts ddl on 4/07/03 defendant experts ddl 6/06/03 Plaintiff rebuttal experts due 7/11/03 DISCOVERY DDL 9/1/03 DISPOSITIVE MOTION FILING DDL 10/1/03 TRIAL READINESS DDL 2/1/04 (cc: all counsel) DES (Entered: 01/17/2003)

ORDER SETTING JURY TRIAL, FINAL PRETRIAL CONFERENCE AND REQUIREMENTS FOR THE FPTO by Chief Judge Mark W. Bennett FINAL PRE-TRIAL ORDER due 2/13/04 FINAL PRETRIAL CONFERENCE set for 3:00 2/18/04 before Magistrate Paul Zoss in Sioux City JURY TRIAL set for 3/1/04 before Chief Judge Mark Bennett in Fort Dodge; motions in limine due 14 days before FPTC; witness and exhibit lists to be included as part of proposed Final Pretrial Order; trial briefs due at or before FPTC; marked exhibits to be submitted by parties to Chief Judge and Clerk before trial (cc: all counsel) DES (Entered: 01/23/2003)

MOTION to compel discovery by defendant Wyeth assigned to Magistrate Judge Paul A. Zoss DES (Entered: 05/12/2003)

MEMORANDUM by defendant Wyeth in support of motion to compel discovery [7-1] DES (Entered: 05/12/2003)

MOTION to extend time to respond to plaintiff's discovery requests by defendant Wyeth assigned to Magistrate Judge Paul A. Zoss DES (Entered: 05/12/2003)

ORDER by Magistrate Judge Paul A. Zoss granting motion to extend time to respond to plaintiff's discovery requests [9-1], serve by 5/30/03, setting on motion to compel discovery [7-1] HEARING set for 10:00 6/4/03 in Sioux City (cc: all counsel) DES (Entered: 05/14/2003)

MEMORANDUM by plaintiff EEOC in opposition to defendant's motion to compel discovery [7-1] DES (Entered: 05/23/2003)

APPENDIX filed by plaintiff EEOC in opposition to defendant's motion to compel discovery [7-1] DES (Entered: 05/23/2003)

MOTION AND NOTICE OF MOTION by plaintiff EEOC for sanctions assigned to Magistrate Judge Paul A. Zoss DES (Entered: 05/23/2003)

MEMORANDUM by plaintiff EEOC in support of motion for sanctions [13-1] DES (Entered: 05/23/2003)

APPENDIX filed by plaintiff EEOC in support of motion for sanctions [13-1] DES (Entered: 05/23/2003)

CERTIFICATION REGARDING INFORMAL EFFORTS TO RESOLVE DISCOVERY DISPUTE by plaintiff EEOC DES (Entered: 05/23/2003)

MOTION AND NOTICE OF MOTION for protective order {w/proposed order attached} by plaintiff EEOC assigned to Magistrate Judge Paul A. Zoss DES (Entered: 05/23/2003)

APPENDIX filed by plaintiff EEOC in support of motion for protective order [17-1] DES (Entered: 05/23/2003)

CERTIFICATION OF INFORMAL EFFORTS TO RESOLVE DISCOVERY DISPUTE REGARDING ORDER FOR PROTECTION by plaintiff EEOC DES (Entered: 05/23/2003)

CERTIFICATION OF SERVICE RE: certification [19-1], RE: appendix [18-1], RE: motion for protective order [17-1], RE: certification [16-1], RE: appendix [15-1], RE: memorandum [14-1], RE: motion for sanctions [13-1], RE: appendix [12-1], RE: memorandum [11-1] by plaintiff EEOC DES (Entered: 05/23/2003)

ORDER by Magistrate Judge Paul A. Zoss hearing on motion to compel discovery [7-1] scheduled for 6/4/03 is cancelled setting on motion for protective order [17-1] motion for sanctions [13-1] motion to compel discovery [7-1] HEARING set for 1:30 6/13/03 (cc: all counsel) DES (Entered: 05/27/2003)

RESISTANCE by defendant Wyeth to plaintiff's motion for sanctions [13-1] DES (Entered: 06/12/2003)

MEMORANDUM by defendant Wyeth in support of resistance {23} to plaintiff's motion for sanctions [13-1] DES (Entered: 06/12/2003)

APPENDIX filed by defendant Wyeth in resistance to plaintiff's motion for protective order [17-1], and motion for sanctions [13-1] DES (Entered: 06/12/2003)

RESPONSE by defendant Wyeth to plaintiff's motion for protective order [17-1] DES (Entered: 06/12/2003)

MEMORANDUM by defendant Wyeth in support of its position on plaintiff's motion for protective order [17-1] DES (Entered: 06/12/2003)

Minute Entry for proceedings held before Judge Paul A Zoss : Motion Hearing held on 6/16/2003 re [22] Motion for Extension of Time filed by Wyeth, [13] Motion for Sanctions filed by Equal Employment Opportunity Commission, [7] Motion to Compel filed by Wyeth, [9] Motion for Extension of Time filed by Wyeth, [17] Motion for Protective Order filed by Equal Employment Opportunity Commission. (Tape #112A & B, 113A.) (scott, denise) (Entered: 06/16/2003)

PROTECTIVE ORDER. Signed by Judge Paul A Zoss on June 16, 2003. (scott, denise) (Entered: 06/16/2003)

ORDER re [22] Motion for Extension of Time filed by Wyeth, [13] Motion for Sanctions filed by Equal Employment Opportunity Commission, [7] Motion to Compel filed by Wyeth, Motions terminated: granted [22] Motion for Extension of Time filed by Wyeth, denied [13] Motion for Sanctions filed by Equal Employment Opportunity Commission, granted in part denied in part [7] Motion to Compel filed by Wyeth {See Order Text}. Discovery reset due by 11/1/2003. Motions reset due by 11/1/2003. Defendants make expert disclosures by 8/15/03, plaintiff make rebuttal expert disclosures by 9/03/03. Signed by Judge Paul A Zoss on June 16, 2003. (scott, denise) (Entered: 06/16/2003)

ORDER regarding medical records signed by Judge Paul A Zoss on 06/24/03. (kfs, ) (Entered: 06/25/2003)

MOTION for Protective Order, MOTION to Quash Portions of Subpoena Duces Tecum by Defendant Wyeth. (pkm) (Entered: 07/17/2003)

ORDER Setting Hearing on Motion 32 MOTION for Protective Order MOTION to Quash: Motion Hearing set for 7/23/2003 at 10:00 AM Telephonic Hearing for 32 . Signed by Judge Paul A Zoss on July 18, 2003. (des, ) (Entered: 07/18/2003)

Minute Entry for proceedings held before Magistrate Judge Paul A Zoss - Motion Hearing held on 07/23/2003 RE: 32 MOTION for Protective Order & MOTION to Quash filed by Defendant Wyeth. (Court Reporter: None) (kfs, ) (Entered: 07/23/2003)

ORDER grants defendant's motion (32) to quash the subpoena duces tecum isue by plaintiff to the defendant, with respect to the request in subparagraph 1(c) of subpoena. (This ordered dated 07/23/03, issued 08/06/03) Signed by Judge Paul A Zoss on 07/23/03. (ak, ) (Entered: 08/06/2003)

ORDER grants defendant's motion (32), to quash the subpoena duces tecum issued by the plaintiff to defendant with respect to the request in subparagraph 1(c) of the subpeona. (This order duplicate to that of (36) other than signature date has now been changed to date of issue, 08/06/03) Signed by Judge Paul A Zoss on 08/06/03. (ak, ) (Entered: 08/06/2003)

UNRESISTED MOTION for Extension of Time to file EXPERT WITNESS DEADLINE by Defendant Wyeth. (pkm) (Entered: 08/07/2003)

ORDER Granting 38 Motion for Extension of Time - Defendant's Expert Witness ddl 09/15/03 - Plaintiff's Rebuttal Expert Witness ddl 10/01/03. Signed by Magistrate Judge Paul A Zoss on 08/08/03. (kfs, ) (Entered: 08/08/2003)

Reset Deadlines - Defendant's Expert Witnesses ddl 09/15/2003 - Plaintiff's Rebuttal Experts ddl 10/01/2003. (kfs, ) (Entered: 08/08/2003)

Designation of Expert Witness by Defendant Wyeth. (kfs, ) (Entered: 09/17/2003)

MOTION for Extension of Time for Scheduling Order Deadlines of Expert Witness ddl by Defendant Wyeth. (kfs, ) (Entered: 09/23/2003)

MOTION for Rule 35 Mental Examination by Defendant Wyeth (Attachment #(1) Brief)(kfs, ) (Entered: 09/23/2003)

MOTION for Extension of Time to Produce Expert Reports by Defendant Wyeth. (mem) (Entered: 09/26/2003)

MOTION for Rule 35 Mental Examination by Defendant Wyeth. (Attachment: (#1) Brief.)(mem) (Entered: 09/26/2003)

MOTION for Extension of Time for Scheduling Order Deadline of Rebuttal Expert Witness ddl by Plaintiff Equal Employment Opportunity Commission. (kfs, ) (Entered: 10/01/2003)

ORDER Setting Hearing on Motion 43 MOTION for Extension of Time Time to Produce Expert Reports, 44 MOTION Rule 35 Mental Examination, 45 MOTION for Extension of Time for Scheduling Order Deadlines of rebuttal expert witness ddl: Motion Hearing set for 10/22/2003 at 10:00 AM Telephonic Hearing for 43 for 44 and for 45. Signed by Judge Paul A Zoss on 10/2/03. (pkm) (Entered: 10/02/2003)

UNRESISTED MOTION for Extension of Time to File RESPONSE TO DEFENDANT'S MOTIONS by Plaintiff Equal Employment Opportunity Commission. (pkm) (Entered: 10/03/2003)

MEMORANDUM IN OPPOSITION to Motion re 43 MOTION for Extension of Time to Produce Expert Reports filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Appendix)(des,) (Entered: 10/15/2003)

MEMORANDUM IN OPPOSITION to Motion re 44 MOTION Rule 35 Mental Examination filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Appendix)(des, ). (Entered: 10/15/2003)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 49 Memorandum in Opposition to Motion and [49-1] Appendix, 50 Memorandum in Opposition to Motion and [50-1] Appendix (des, ) (Entered: 10/15/2003)

Minute Entry for proceedings held before Judge Paul A Zoss : Motion Hearing held on 10/22/2003 re 45 MOTION for Extension of Time for Scheduling Order Deadlines of rebuttal expert witness ddl filed by Equal Employment Opportunity Commission, 43 MOTION for Extension of Time to Produce Expert Reports filed by Wyeth, 44 MOTION Rule 35 Mental Examination filed by Wyeth. ORDER TO FOLLOW (Court Reporter NONE.) (pkm) (Entered: 10/22/2003)

ORDER granting 43 Motion for Extension of Time to produce expert reports, Defendants Expert Witness ddl 11/05/03; ruling reserved on 44 Motion For Rule 35 Mental Examination, defendant supplement motion by 11/05/03, plaintiff respond by 11/13/03; granting 45 Motion for Extension of Time for Scheduling Order Deadlines, plaintiffs Rebuttal Expert ddl 12/15/03 . Signed by Judge Paul A Zoss on 10/22/03. (des, ) (Entered: 10/22/2003)

Supplemental BRIEF in Support re 44 MOTION Rule 35 Mental Examination filed by Defendant Wyeth. (ak, ) (Entered: 10/23/2003)

Brief in RESPONSE to EEOC's Memorandum In Opposition to Defendant's Motion to Extend Time to Produce Expert Reports (See (53)re: (43)) by Wyeth. (ak, ) (Entered: 10/23/2003)

MOTION for Leave to File Overlength Brief by Defendant Wyeth. (Attachments: # 1 Proposed Brief)(pkm) (Entered: 10/31/2003)

MOTION for Summary Judgment by Defendant Wyeth. Responses due by 11/24/2003 (Attachments: # 1 Statement of Material Facts Undisputed# 2 Appendix Pgs 1-51# 3 Appendix Pages 52-78# 4 Appendix Pages 79-102# 5 Appendix Pages 103-127# 6 Appendix Pages 128-153# 7 Appendix Pages 154-179# 8 Appendix Pages 180-206)(pkm) (Entered: 10/31/2003)

ORDER granting 56 Motion for Leave to File Overlength Brief . Signed by Judge Mark W Bennett on 10/31/03. (ak, ) (Entered: 10/31/2003)

BRIEF in Support re 57 MOTION for Summary Judgment filed by Defendant Wyeth. (ak, ) (Entered: 10/31/2003)

ORDER Denying as Moot 44 Motion for Rule 35 Examination - Granting 60 Motion to Withdraw Document. Signed by Magistrate Judge Paul A Zoss on 11/13/03. (kfs, ) (Entered: 11/13/2003)

MOTION for Extension of Time to File Response to Motion for Summary Judgment by Plaintiff Equal Employment Opportunity Commission (kfs, ) (Entered: 11/19/2003)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission RE: 62 MOTION for Extension of Time to File Response to Motion for Summary Judgment (kfs, ) (Entered: 11/19/2003)

ORDER granting 62 Motion for Extension of Time to File Response to Motion for Summary Judgment. Responses due by 12/3/2003. Signed by Judge Mark W Bennett on 11/26/03. (pkm) (Entered: 11/26/2003)

Response to Motion re 57 MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Statement of Material Facts, # (2) Appendix-NOT SCANNED, housed w/clerk's file)(des, ) (Entered: 12/02/2003)

MOTION for Leave to File Overlength Brief by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Brief)(des, ) (Entered: 12/02/2003)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 65 Response to Motion and Attachments 66 MOTION for Leave to File Overlength Brief and Attachment (des, ) (Entered: 12/02/2003)

SEALED DOCUMENT subject to the 29 Protective Order by Equal Employment Opportunity Commission. (des, ) (Entered: 12/02/2003)

ORDER granting 66 Motion for Leave to File Overlength Brief Signed by Judge Mark W Bennett on 12/03/03. (ak, ) (Entered: 12/03/2003)

BRIEF in Opposition re 57 Wyeth's MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (ak, ) (Entered: 12/03/2003)

MOTION for Extension of Time to Respond to Plaintiff's Resistance to Defendant's Motion For Summary Judgment by Defendant Wyeth. (des, ) (Entered: 12/11/2003)

MOTION for Leave to File Overlength Brief by Defendant Wyeth. (Attachments: # 1 Appendix # 2 Appendix # 3 Brief)(ak, ) (Entered: 12/18/2003)

REPLY to Response to Motion re 57 MOTION for Summary Judgment filed by Defendant Wyeth. (Attachments: # 1 Defendant's Reply to EEOC's Statement of Additional Material Facts In Oposition To Defendant Wyeth's Motion For Summary Judgment# 2 Defendant's Rely to EEOC's Statement Of Additional Material Facts In Opposition To Defendant Wyeth's Motion For Summary Judgment)(ak, ) Additional attachment(s) added on 12/18/2003 including Brief in Reply to Brief in Opposition, and Supplemental Appendix as directed in #75 Order (des, ). (Entered: 12/18/2003)

ORDER granting 71 Motion for Extension of Time to Respond to Plaintiff's Resistance, by 12/22/03 . Signed by Judge Mark W Bennett on 12/18/03. (des, ) (Entered: 12/18/2003)

ORDER granting 72 Motion for Leave to File Overlength Brief, clerk directed to detach the brief and all its attachments from docket number 72 and to attach those documents to docket number 73. Signed by Judge Mark W Bennett on 12/18/03. (des, ) (Entered: 12/18/2003)

MOTION for Leave to File Supplemental Affidavits and Brief in Opposition to Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Shelly Kirchhoff# 2 Affidavit Rosemary J. Fox# 3 Supplemental Brief)(des, ) (Entered: 12/31/2003)

RESISTANCE to Motion RE: 76 MOTION for Leave to File Supplemental Affidavits and Brief in Opposition to Summary Judgment filed by Defendant Wyeth (Attachment #(1) Brief)(kfs, ) Additional attachment(s) added on 1/15/2004 (ak, ). (Entered: 01/09/2004)

ORDER granting 76 Motion for Leave to File Supplemental Affidavit and Brief In Opposition To Defendant's Motion for Summary Judgment. Defendant shall file any response it has to plaintiff's sur-reply brief and submissions on or before January 22, 2004. Signed by Judge Mark W Bennett on 01/15/04. (ak, ) (Entered: 01/15/2004)

Setting Defendant's Response Deadlines as to plaintiff's sur-reply brief and submission re: 57 MOTION for Summary Judgment. Responses due by 1/22/2004 (ak, ) (Entered: 01/15/2004)

ORDER SETTING HEARING - Telephonic Scheduling Conference set for 02/02/2004 at 2:00 PM before Magistrate Judge Paul A Zoss. Signed by Magistrate Judge Paul A Zoss on 01/29/04. (kfs, ) (Entered: 01/29/2004)

Minute Entry for proceedings held before Magistrate Judge Paul A Zoss - Telephonic Scheduling Conference held on 02/02/2004. (kfs, ) (Entered: 02/02/2004)

ORDER SETTING HEARING - Settlement Conference set for 02/12/2004 at 10:00 AM in SC 1st Fl Ct before Magistrate Paul A Zoss. Signed by Magistrate Judge Paul A Zoss on 02/02/04. (kfs, ) (Entered: 02/02/2004)

ORDER RESETTING HEARINGS - Final Pretrial Conference reset to 02/18/2004 at 10:20 AM in SC 1st Fl Ct before Magistrate Paul A Zoss - Settlement Conference reset to 02/17/2004 at 9:30 AM in SC 1st Fl Ct before Magistrate Paul A Zoss.Signed by Magistrate Judge Paul A Zoss on 02/04/04. (kfs, ) (Entered: 02/04/2004)

MOTION in Limine by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Memorandum in Support)(des, ) (Entered: 02/04/2004)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 83 MOTION in Limine and Memorandum in Support (des, ) (Entered: 02/04/2004)

MOTION in Limine by Defendant Wyeth (Attachment #(1) Brief in Support)(kfs, ) (Entered: 02/05/2004)

MOTION for a Qualified Protective Order For Use of Disclosure in this Litigation Only of Health Information and Records by Defendant Wyeth. (des, ) (Entered: 02/09/2004)

BRIEF in Opposition re 85 MOTION in Limine filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Certificate of Service)(pkm) (Entered: 02/11/2004)

SECOND MOTION in Limine by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Brief in Support# 2 Affidavit # 3 First Half Exhibit C # 4 Second Half Exhibit C # 5 Exhibit D # 6 Exhibit E # 7 Exhibit F)(des, ) (Entered: 02/12/2004)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 88 MOTION in Limine, Brief in Support, and Affidavit (des, ) (Entered: 02/12/2004)

ORDER denying 57 Motion for Summary Judgment. Signed by Judge Mark W Bennett on 2/16/04. (pkm) (Entered: 02/17/2004)

Minute Entry for proceedings held before Magistrate Judge Paul A Zoss - Settlement Conference held on 02/17/2004 - Case tentatively settled - Court Reporter: None (kfs, ) (Entered: 02/18/2004)

ORDER Cancelling 2/18/04 final pretrial conference. Signed by Judge Paul A Zoss on 2/18/04. (des, ) (Entered: 02/18/2004)

ORDER OF CASE SETTLEMENT: The court has been advised that this action has been settled. The parties shall have to and including, the date listed at end of this docket entry, to file their settlement documents. Dismissal Papers Deadline are due by 3/19/2004. Signed by Judge Paul A Zoss on 2/18/04. (des, ) (Entered: 02/18/2004)

ORDER - Dismissal Paper Deadline 04/02/2004. Signed by Magistrate Judge Paul A Zoss on 03/18/04. (kfs, ) (Entered: 03/18/2004)

SETTLEMENT AGREEMENT by Equal Employment Opportunity Commission, Wyeth. (Mulholland, Neven) (Entered: 03/26/2004)

STIPULATION of Dismissal of Plaintiff's Complaint by Equal Employment Opportunity Commission, Wyeth. (Mulholland, Neven) (Entered: 03/26/2004)