Case: EEOC v. EXCEL CORPORATION

EEOC v. Excel Corporation

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT: no Summons issued with jury demand with request for trial at Omaha (ADB) (Entered: 10/01/1998)

ATTORNEY ADMISSION LETTER (COPY) re: plaintiff EEOC - letter sent to Joseph H. Mitchell with forms. (ADB) (Entered: 10/01/1998)

ATTORNEY ADMISSION LETTER (COPY) re: plaintiff EEOC - letter sent to Merrily S. Archer with forms. (ADB) (Entered: 10/01/1998)

REQUEST FOR ASSIGNMENT by plaintiff EEOC requests that the above-captioned matter be assigned to Division 8, District of NE. (ETC) Modified on 10/06/1998 (Entered: 10/05/1998)

AMENDED COMPLAINT: [1-1] by plaintiff EEOC No Summons issued; jury demand (ETC) (Entered: 10/05/1998)

MOTION by intervenor-plaintiff John Brewer to intervene (ADB) (Entered: 10/13/1998)

ORDER by Judge Lyle E. Strom granting motion to intervene [6-1], the complaint in intervention is deemed filed instanter - COPIES MAILED (ADB) (Entered: 10/13/1998)

INTERVENOR'S COMPLAINT AND JURY DEMAND by intervenor- plaintiff John Brewer (ADB) Modified on 10/20/1998 (Entered: 10/13/1998)

APPLICATION/ORDER by clerk re: plaintiff EEOC - atty Merrily S. Archer is admitted to practice - COPIES MAILED (ETC) (Entered: 10/16/1998)

NOTICE of Lawsuit and req for waiver of service of summons by plaintiff EEOC (TLS) (Entered: 10/30/1998)

WAIVER OF SERVICE (Rule 4 - Summons) upon defendant Excel Corporation on 10/8/98 (TLS) (Entered: 10/30/1998)

ANSWER by defendant Excel Corporation to amended complaint [5-1] (ICMSUSER) (Entered: 12/10/1998)

CERTIFICATE of SERVICE of mailing the mtn to intervene and complaint in intervention to dft by intervenor-plaintiff John Brewer (ADB) (Entered: 01/07/1999)

MOTION by defendant Excel Corporation to extend time to answer to the complaint in intervention filed by John Brewer (ICMSUSER) (Entered: 01/14/1999)

SCHEDULING PACKET by Judge Lyle E. Strom - COPIES MAILED (CJS) (Entered: 01/20/1999)

ANSWER by defendant Excel Corporation to plf Brewer's complaint in intervention [8-1] (ICMSUSER) (Entered: 02/16/1999)

PROOF OF SERVICE by defendant Excel Corporation of Rule 26 disclosures and log of docs withheld under claim of privilege (RDB) (Entered: 03/02/1999)

APPLICATION/ORDER by clerk re: plaintiff EEOC - atty Joseph H. Mitchell is admitted to practice - COPIES MAILED (ADB) (Entered: 03/03/1999)

ORDER by Judge Lyle E. Strom granting motion to extend time to answer to the complaint in intervention filed by John Brewer [14-1]; said answer [16-1] to the complaint of intervention will be deemed timely filed - COPIES MAILED (ADB) (Entered: 03/10/1999)

CERTIFICATE OF SERVICE by intervenor-plaintiff John Brewer of serving intervenor-plf's initial disclosure statement (JLS) (Entered: 03/16/1999)

ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE by Judge Lyle E. Strom - jury trial set for 4/00 - pretrial conference set for 9:00 a.m. on 3/21/00 before Magistrate Judge Kathleen A. Jaudzemis - deposition ddl set for 8/31/99 - COPIES MAILED (CJS) (Entered: 03/31/1999)

AMENDED RULE 26(f) PLANNING REPORT (CJS) Modified on 03/31/1999 (Entered: 03/31/1999)

PROOF OF SERVICE by dft Excel Corporation of responses to plf EEOC's first set of interrogs, requests for admission, and requests production of documents (RDB) (Entered: 05/19/1999)

PROOF OF SERVICE by defendant Excel Corporation of supplemental resp to EEOC's interrog no. 4 on 5/28/99 (BMH) (Entered: 05/28/1999)

JOINT MOTION by plaintiff EEOC to modify scheduling order ; with attachments (ETC) (Entered: 06/01/1999)

AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE by Judge Lyle E. Strom - jury trial set for 4/00 - pretrial conference set for 9:00 a.m. on 3/21/00 before Magistrate Judge Kathleen A. Jaudzemis - deposition ddl set for 10/29/99 - COPIES MAILED (CJS) (Entered: 06/09/1999)

PROOF OF SERVICE by defendant Excel Corporation of interrogs, requests for admissions and requests for production (ICMSUSER) (Entered: 07/08/1999)

CERTIFICATE by intervenor-plaintiff John Brewer of serving discovery docs. (ETC) (Entered: 08/17/1999)

CERTIFICATE by defendant Excel Corporation of service of responses to 2nd set of interrogs, requests for admission, and requests for production (ICMSUSER) (Entered: 08/23/1999)

MOTION by defendant Excel Corporation, plaintiff EEOC to extend progression (ICMSUSER) (Entered: 09/09/1999)

SECIND AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE by Judge Lyle E. Strom - jury trial set for 4/00 - pretrial conference set for 9:00 a.m. on 3/21/00 before Magistrate Judge Kathleen A. Jaudzemis - deposition ddl set for 10/29/99 - COPIES MAILED (CJS) Modified on 10/07/1999 (Entered: 09/13/1999)

CERTIFICATE by defendant Excel Corporation of service of report of expert witness (ICMSUSER) (Entered: 09/21/1999)

NOTICE by defendant Excel Corporation of taking deposition of John Brewer on 10/20/99 (ICMSUSER) (Entered: 10/08/1999)

NOTICE by defendant Excel Corporation of taking deposition of Al Marchisio on 10/21/99 (ICMSUSER) (Entered: 10/08/1999)

AMENDED NOTICE by defendant Excel Corporation of taking deposition of AL MARCHISIO on 10/21/99 at 12:30 p.m. (RDB) (Entered: 10/18/1999)

CERTIFICATE by intervenor-plaintiff John Brewer of serving his amended answers to dft's interrogatories (ICMSUSER) (Entered: 10/21/1999)

2nd AMENDED COMPLAINT by plaintiff EEOC; with jury demand (ICMSUSER) (Entered: 10/26/1999)

MOTION by plaintiff EEOC for order to amend 1st amended complaint (ICMSUSER) (Entered: 10/26/1999)

MOTION by plaintiff EEOC to compel dft to produce handwritten notes of dft's testifying expert Mr. Michael Newman w/ attachments in sealed vault per request of KAJ on order filed 1/5/00, filing no 70 (DKM) Modified on 01/06/2000 (Entered: 11/03/1999)

CERTIFICATE by defendant of service of amended responses to plf EEOC's interrogs (ICMSUSER) (Entered: 11/02/1999)

ATTORNEY ADMISSION LETTER (COPY) re: plaintiff EEOC - letter sent to C. Emnauel Smith with forms. (DKM) (Entered: 11/03/1999)

INDEX by defendant Excel Corporation in support of its opposition to plaintiff EEOC's motion to amend 1st amended complaint [39-1], with attached affidavit of Shawn D. Renner w/ attachment (RDB) (Entered: 11/03/1999)

CERTIFICATE OF COURT REPORTER re: deposition of John Edward Brewer : (JAE) (Entered: 11/05/1999)

INDEX by defendant Excel Corporation in opposition to plf's motion to compel dft to produce handwritten notes of dft's testifying expert Mr. Michael Newman [41-1], with affidavits of Shawn D. Renner and Michael L. Newman attached (ICMSUSER) Modified on 11/15/1999 (Entered: 11/15/1999)

INDEX OF EVIDENCE by plaintiff EEOC re: dft's opposition to Commission's motion to compel [41-1] w/ attachments (DML) (Entered: 11/26/1999)

MOTION by defendant Excel Corporation for summary judgment (RDB) (Entered: 11/29/1999)

INDEX by dft Excel Corporation in support of its motion for sum jgm [47-1] - ATTACHMENTS IN SEPARATE FOLDER (RDB) (Entered: 11/29/1999)

ORDER by Judge Lyle E. Strom referring to Magistrate Judge Kathleen A. Jaudzemis plf's motion to compel dft to produce handwritten notes [41-1], referring to Magistrate Judge Kathleen A. Jaudzemis plf's motion to amend 1st amended complaint [39-1] - COPIES MAILED [EOD Date 12/1/99] (JAE) (Entered: 12/01/1999)

MOTION by plaintiff EEOC for summary judgment ; with attachment (ICMSUSER) (Entered: 12/02/1999)

AFFIDAVIT of Merrily S. Archer, EEOC trial atty, identifying and authenticating exhibits cited in the plf's memorandum in support of its motion for summary judgment [50-1] (ICMSUSER) (Entered: 12/02/1999)

INDEX by plaintiff EEOC in support of its motion for summary judgment [50-1]; attachments are in a separate folder (A-F) (ICMSUSER) (Entered: 12/02/1999)

MOTION by defendant Excel Corporation to strike plf EEOC's response to dft's opposition to plf's motion to compel or, in the alternative, for order allowing dft Excel to file additional evidence relating to motion to compel (ICMSUSER) Modified on 01/03/2000 (Entered: 12/07/1999)

INDEX by defendant Excel Corporation in support of its motion to strike plf EEOC's response to dft's opposition to plf's motion to compel [53-1], motion for order allowing dft Excel to file additional evidence relating to motion to compel [53-2] including affidavit of Shawn D. Renner and attachments (ICMSUSER) Modified on 01/03/2000 (Entered: 12/07/1999)

CERTIFICATE OF COURT REPORTER re: deposition of Patrick W. Bowman, M.D. : (ICMSUSER) (Entered: 12/08/1999)

CERTIFICATE OF COURT REPORTER re: deposition of Alfred J. Marchisio, Jr. : (ICMSUSER) (Entered: 12/08/1999)

AFFIDAVIT of Merrily S. Archer, EEOC Trial Attorney, in Support of Plaintiff EEOC's Reply Brief to Defenant's Memorandum in Opposition to EEOC's Motion to Amend Its Complaint. (NCD) (Entered: 12/17/1999)

ORDER AND EVIDENCE INDEX by Magistrate Judge Kathleen A. Jaudzemis that the clerk shall file the following documents as an evidence index submitted by plf EEOC in support of its mtn to amend cmp and its reply to dft Excel Corp's memo in opposition to EEOC's mtn to amend; afdt of Merrily S. Archer and afdt Exhibit 1 (depo of Kenneth R. Fleming)- COPIES MAILED. Afdt of Merrily S Archer and afdt Exhibit 1 is filed in case under filing no 57 on 12/16/99. Cross reference approved by C.Stegman [EOD Date 12/20/99] (JAE) Modified on 12/21/1999 (Entered: 12/20/1999)

MOTION by defendant Excel Corporation to extend time to respond to EEOC's motion for summary judgment until 12/30/99 (SED) Modified on 12/20/1999 (Entered: 12/20/1999)

INDEX OF EVIDENCE by defendant Excel Corporation in support of their motion to extend time to respond to EEOC's motion for summary judgment until 12/30/99 [58-1] (SED) (Entered: 12/20/1999)

ORDER by Magistrate Judge Kathleen A. Jaudzemis granting plf's motion for order to amend 1st amended complaint [39-1]; Amended complaint ddl is set for 12/30/99 - COPIES MAILED [EOD Date 12/20/99] (ICMSUSER) (Entered: 12/20/1999)

ORDER by Magistrate Judge Kathleen A. Jaudzemis that the mtn to strike, or, in the alternative, for lv to file additional evidence [53-1] is den to the extent that it requests the EEOC evidence be stricken and granted to the extent that it requests the court to consider the additional index of evidence submitted by dft Excel Corporation [54-1] - COPIES MAILED [EOD Date 12/20/99] (JAE) Modified on 12/30/1999 (Entered: 12/20/1999)

MOTION by intervenor-plaintiff John Brewer for leave to file amended cmp in intervention (JAE) (Entered: 12/21/1999)

AMENDED INTERVENOR'S COMPLAINT by intervenor-plaintiff John Brewer w/ jury demand (JAE) (Entered: 12/21/1999)

AFFIDAVIT of Merrily S. Archer by plaintiff EEOC in opposition to dft mtn for sum jgm [47-1] (TLS) (Entered: 12/22/1999)

INDEX by plaintiff EEOC in opposition to dft's motion for summary judgment [47-1] - Attachments in separate folder (TLS) (Entered: 12/22/1999)

SECOND AMENDED COMPLAINT: [38-1] by plaintiff EEOC No summons issued; with jury demand (ICMSUSER) (Entered: 12/28/1999)

INDEX by defendant Excel Corporation in opposition to EEOC's motion for summary judgment [50-1], with attachments including affidavit of Shawn D. Renner (ICMSUSER) (Entered: 01/03/2000)

ORDER by Magistrate Judge Kathleen A. Jaudzemis granting plf EEOC's motion to compel dft to produce handwritten notes hereinafter follows [41-1]; dft shall produce handwritten notes which are the subject of the mtn to EEOC on or before 1/21/00; should this order be appealed to the trial judge, the operation of paragraph 2 is held in abeyance pending the appeal; the notes provided to the court for in camera review shall be sealed and maintained by the clerk (attached to filing no 41 per KAJ request); any appeal of this order shall be filed w/ the clk w/in 10 days after being served w/ a copy of this order - COPIES MAILED [EOD Date 1/6/00] (JAE) (Entered: 01/06/2000)

ANSWER by defendant Excel Corporation to plaintiff EEOC's second amended complaint [68-1] (RDB) (Entered: 01/07/2000)

MOTION by plaintiff EEOC to stay consideration of the record-keeping issue in the EEOC's motion for sum jgm and to re-open disc for the limited purpose of taking testimony regarding the record-keeping issue (ICMSUSER) (Entered: 01/11/2000)

AFFIDAVIT of Merrily S. Archer, EEOC Trial Atty, Identifying and Authenticating Exhibits cited in the plf's motion to stay consideration of the record-keeping issue in the EEOC's motion for sum jgm [72-1] and motion to re-open disc for the limited purpose of taking testimony regarding the record-keeping issue [72-2] (ICMSUSER) (Entered: 01/11/2000)

INDEX by plaintiff EEOC in support of its motion to stay consideration of the record-keeping issue in the EEOC's motion for sum jgm [72-1] and motion to re-open disc for the limited purpose of taking testimony regarding the record-keeping issue [72-2]; with attachments (ICMSUSER) (Entered: 01/11/2000)

MOTION by plaintiff EEOC for leave to file, instanter, a reply brief to dft's memorandum in opposition to plf EEOC's motion for sum jgm (ICMSUSER) (Entered: 01/11/2000)

ORDER by Judge Lyle E. Strom granting the dft's motion to for extension of time in which to respond to EEOC's motion for summary judgment [58-1]; Plf-intervenor's motion for leave to file amended complaint in intervention [63-1] is granted ; Plf EEOC's motion to stay consideration of the record-keeping issue in the EEOC's motion for sum jgm [72-1] and to re-open disc for the limited purpose of taking testimony regarding the record-keeping issue [72-2] is granted; The parties are permitted to re-open disc for such purpose; Plf EEOC's motion for leave to file, instanter, a reply brief to dft's memorandum in opposition to plf EEOC's motion for sum jgm [75-1] is granted - COPIES MAILED [EOD Date 2/1/00] (ICMSUSER) Modified on 02/02/2000 (Entered: 02/01/2000)

MOTION by plaintiff EEOC to lift stay granted in order filed 1/31/00, filing no 76 ; for order ruling on EEOC's mtn for sum jgm (JAE) (Entered: 02/11/2000)

AFFIDAVIT of Merrily S. Archer, EEOC Trial Atty, regarding plf's motion to lift stay granted in order filed 1/31/00, filing no 76 [77-1], regarding motion for order ruling on EEOC's mtn for sum jgm [77-2] (JAE) (Entered: 02/11/2000)

INDEX by plaintiff EEOC in support of their motion to lift stay granted in order filed 1/31/00, filing no 76 [77-1] and their motion for order ruling on EEOC's mtn for sum jgm [77-2] w/attachments (JAE) (Entered: 02/11/2000)

MOTION by defendant Excel Corporation for leave to file supplemental evidence and brief re plf's motion for sum jgm (ICMSUSER) (Entered: 02/23/2000)

ORDER by Judge Lyle E. Strom granting the dft's motion for leave to file supplemental evidence and brief re EEOC's motion for sum jgm [80-1]; the material submitted shall become part of the record - COPIES MAILED [EOD Date 2/23/00] (ICMSUSER) (Entered: 02/23/2000)

SUPPLEMENTAL INDEX by defendant Excel Corporation in response to motion for summary judgment [50-1] with attachments (ADB) (Entered: 02/24/2000)

ATTORNEY APPEARANCE for plaintiff EEOC by atty Rita Byrnes Kittle (ICMSUSER) (Entered: 03/08/2000)

CERTIFICATE OF SERVICE by intervenor-plaintiff John Brewer of serving pre-trial disclosures (JSF) (Entered: 03/08/2000)

ORDER by Magistrate Judge Kathleen A. Jaudzemis upon notice of settlement, the parties shall file a joint stipulation for dismissal on or before 4/14/00, Absent compliance with this order, this case may be dismissed without further notice; The pretrial conf previously scheduled is canceled upon the representation that this case is settled - COPIES MAILED [EOD Date 3/15/00] (ICMSUSER) Modified on 03/21/2000 (Entered: 03/15/2000)

MOTION by intervenor-plaintiff John Brewer, defendant Excel Corporation, plaintiff EEOC for order approving the agreement in the consent decree (no consent decree attached as stated) (SED) (Entered: 04/20/2000)

CONSENT DECREE signed by all parties and by Judge Lyle E. Strom - COPIES MAILED [EOD Date 4/27/00] (JSF) (Entered: 04/27/2000)

ORDER by Judge Lyle E. Strom that inasmuch as the parties have entered into a consent judgment [87-1], said mtns [47-1] [50-1] [77-1] [77-2] are denied as moot; this action shall be closed for statistical purposes with the court retaining jurisdiction until 4/27/03 - COPIES MAILED [EOD Date 5/8/00] (JSF) (Entered: 05/08/2000)