Equal Employment Opportunity Commission v. Unitrin Specialty

EEOC v. Unitrin Specialty, Inc.

COMPLAINT against Unitrin Specialty and Trinity Universal Insurance Co. filed by Plaintiff Equal Employment Opportunity Commission.(kopf1, ) (Entered: 09/29/2006)

***If this case is referred, it will be Magistrate Judge Sharon L. Ovington. (kopf1, ) Modified on 12/7/2007 to delete attachments - document 3 uploaded in error (sc1, ). (Entered: 09/29/2006)

Summons Issued as to Unitrin Specialty and Trinity Universal Insurance Co. (kopf1, ) (Entered: 09/29/2006)

Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorneys Laurie A. Young, Michelle Eisele and Kenneth L. Bird. (kopf1, ) (Entered: 09/29/2006)

SUMMONS Returned Executed Trinity Universal Insurance Co. served on 10/30/2006, answer due 11/20/2006. (Bird, Kenneth) (Entered: 11/03/2006)

SUMMONS Returned Executed Unitrin Specialty served on 10/30/2006, answer due 12/11/2006. (Bird, Kenneth) (Entered: 11/14/2006)

STIPULATION Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Holcombe, David) (Entered: 11/15/2006)

NOTICE of Appearance by David G Holcombe Defendants Unitrin Specialty, Trinity Universal Insurance Co. (Holcombe, David) (Entered: 11/15/2006)

NOTICE of Appearance by M Scott McIntyre Defendants Unitrin Specialty, Trinity Universal Insurance Co. (McIntyre, M) (Entered: 12/06/2006)

NOTICE of Appearance by M Scott McIntyre Defendants Unitrin Specialty, Trinity Universal Insurance Co. (McIntyre, M) (Entered: 12/06/2006)

ANSWER to Complaint by Defendants Unitrin Specialty, Trinity Universal Insurance Co..(Holcombe, David) (Entered: 12/11/2006)

Corporate Disclosure Statement by Trinity Universal Insurance Co.. (Holcombe, David) (Entered: 12/11/2006)

Corporate Disclosure Statement by Unitrin Specialty. (Holcombe, David) (Entered: 12/11/2006)

NOTICE of Appearance by Kenneth L Bird Plaintiff Equal Employment Opportunity Commission (Bird, Kenneth) (Entered: 12/12/2006)

MOTION for Leave to Appear Pro Hac Vice government attorneys without filing fee. Filing fee $ 200. by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 1 Certificate of Good Standing of Kenneth Lee Bird# 2 Exhibit # 2 Certificate of Good Standing of Laurie Ann Young# 3 Exhibit # 3 Certificate of Good Standing of Michelle Eisele)(Bird, Kenneth) (Entered: 01/10/2007)

NOTICE of Appearance by Diane P Chapman Defendants Unitrin Specialty, Trinity Universal Insurance Co. (Chapman, Diane) (Entered: 01/26/2007)

RULE 26(f) REPORT of the Parties by Plaintiff Equal Employment Opportunity Commission, Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Bird, Kenneth) (Entered: 01/30/2007)

Joint MOTION for Status Conference by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Holcombe, David) (Entered: 08/13/2007)

MOTION for Leave to File Documents Under Seal by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Holcombe, David) (Entered: 11/01/2007)

MOTION for Summary Judgment by Defendants Unitrin Specialty, Trinity Universal Insurance Co..Responses due by 11/26/2007 (Holcombe, David) (Entered: 11/01/2007)

RESPONSE in Opposition re 20 MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A: Excerpts from deposition of Thomas Allmond (part 1 of 2)# 2 Exhibit B: Excerpts from deposition of Thomas Allmond (part 2 of 2)# 3 Exhibit C: Excerpts from deposition of Lisa Bage# 4 Exhibit D: Excerpts from deposition of Mike Foley# 5 Exhibit E: Excerpts from deposition of Dan Maloney# 6 Exhibit F: Excerpts from deposition of John Mullen# 7 Exhibit G: Declaration of Thomas Feiertag# 8 Exhibit H: Answer to Interrogatories 10 and 11) (Bird, Kenneth) (Entered: 11/30/2007)

MOTION for Extension of Time to File Response/Reply as to 21 Response in Opposition to Motion,, New date requested 12/21/2007. by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Holcombe, David) (Entered: 12/06/2007)

Joint MOTION & Memorandum in Support of Referral to Mediation by Plaintiff Equal Employment Opportunity Commission, Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Holcombe, David) (Entered: 12/11/2007)

REPLY to Response to Motion re 20 MOTION for Summary Judgment filed by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Attachments: # 1 Exhibit Allmond Deposition Excerpts# 2 Exhibit Allmond 2005 Evaluation# 3 Exhibit Fox vs. Eagle Distributing Co.) (McIntyre, M) (Entered: 12/21/2007)

MOTION to Strike 21 Response in Opposition to Motion,, by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Attachments: # 1 Exhibit Deposition Excerpts# 2 Exhibit Thompson. v. DACCO, INC.# 3 Exhibit Plaintiff's Voluntary Initial Disclosures) (McIntyre, M) (Entered: 12/21/2007)

MOTION for Leave to File Surreply Brief in Opposition to Defendants' Motion for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 12/25/2007)

RESPONSE in Opposition re 25 MOTION to Strike 21 Response in Opposition to Motion,, MOTION to Strike 21 Response in Opposition to Motion,, filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Letter (with redactions) from Thomas Allmond to the EEOC# 2 Excerpts from the Deposition of Thomas Allmond# 3 Excerpt from the Deposition of Lisa Bage) (Bird, Kenneth) (Entered: 12/25/2007)

Supplemental Memorandum Opposing Defendants' Motion for Summary Judgment (Dkt. No. 20) filed by Plaintiff Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 01/04/2008)

RESPONSE in Support re 25 MOTION to Strike 21 Response in Opposition to Motion,, MOTION to Strike 21 Response in Opposition to Motion,, filed by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Attachments: # 1 Exhibit A - Hearsay Opinion chart) (McIntyre, M) (Entered: 01/07/2008)

ORDER FOR COURT-CONDUCTED MEDIATION. Signed by Judge Sharon L Ovington on 01/14/08. (phil1, ) (Entered: 01/14/2008)

Unopposed MOTION to Amend/Correct to Substitute Declaration by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Amended Declaration of Thomas Feiertag) (Bird, Kenneth) (Entered: 01/23/2008)

ORDER ON 31 MOTION TO SUBSTITUTE DECLARATION. Signed by Walter H Rice on 1/23/08. (bev1, ) Modified on 1/29/2008 to edit text (bev1, ). (Entered: 01/25/2008)

NOTICE of Appearance by Jo Ann Farnsworth Plaintiff Equal Employment Opportunity Commission (Farnsworth, Jo Ann) (Entered: 02/11/2008)

PRELIMINARY PRETRIAL CONFERENCE ORDER: Motions directed to pleadings due by 3/1/2007. Primary Expert due by 6/29/2007. Lay Witness due by 6/29/2007. Rebuttal Expert due by 8/31/2007. Discovery cut-off 10/1/2007. Proposed Final Pretrial Order due by 5/6/2008. Exhibit Submission for Trial or Hearing due by 5/9/2008. Final Pretrial Telephone Conference set for 5/13/2008 at 05:00 PM before Judge Walter H Rice. Jury Trial set for 5/27/2008 at 09:00 AM in Courtroom 1 before Judge Walter H Rice. Signed by Judge Walter H Rice on 4/10/2008. (sc1, ) (Entered: 04/10/2008)

MEDIATORS REPORT. Signed by Magistrate Judge Sharon L Ovington on 04/11/08. (sc1, ) (Entered: 04/11/2008)

Response re 34 Preliminary Pretrial Order,, by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Attachments: # 1 Exhibit A - Proposed Scheduling Order for Discussion) (McIntyre, M) (Entered: 04/15/2008)

NOTICE by Defendants Unitrin Specialty, Trinity Universal Insurance Co. (Attachments: # 1 Affidavit of Lisa K. Bage, # 2 Exhibit Bage A - Plaintiffs Depo Ex 3, # 3 Exhibit Bage B - Plaintiffs Depo Ex 8, # 4 Exhibit Bage C - Plaintiffs Depo Ex 19, # 5 Exhibit Bage D - Plaintiffs Depo Ex 9, # 6 Affidavit of Dan Maloney, # 7 Exhibit Maloney Ex A - Plaintiffs Depo Ex 9, # 8 Exhibit Maloney Ex B - Plaintiffs Depo Ex 10) (McIntyre, M) (Entered: 05/22/2008)

NOTICE OF FILING DEPOSITION of Thomas Ray Allmond, Lisa Bage, Dan Maloney, John W. Mullen, and Mike Foley by Plaintiff Equal Employment Opportunity Commission, Defendants Unitrin Specialty, Trinity Universal Insurance Co. by Plaintiff Equal Employment Opportunity Commission, Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (McIntyre, M) (Entered: 05/22/2008)

DEPOSITION of Thomas Ray Allmond taken on March 16, 2007 by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Attachments: # 1 Allmond Depo Pt 2, # 2 Exhibit Exhibit 1 - Email to Lisa Bage dated 7/29/2005, # 3 Exhibit Exhibit 2 - Email to Dan Maloney dated 8/2/2005, # 4 Exhibit Exhibit 3 - Letter to EEOC Dallas office, # 5 Exhibit Exhibit 4 - Application for Employment, # 6 Exhibit Exhibit 5 - Letter to John Mullen, # 7 Exhibit Exhibit 6 - 2005 Conflict of Interest Questionnaire, # 8 Exhibit Exhibit 7 - Essential Standards of Conduct for All Employees, # 9 Exhibit Exhibit 8 - Unitrin E-mail and Internet Code of Conduct, # 10 Exhibit Exhibit 9 - Unitrin Training Acknowledgment, # 11 Exhibit Exhibit 10 - Business Code of Conduct, # 12 Exhibit Exhibit 11 - Unitrin Property and Casualty Insurance Group Training, # 13 Exhibit Exhibit 12 - Conflict of Interest Questionnaire, # 14 Exhibit Exhibit 13 - Acknowledgment of Receipt of January 1, 2000 Revised Employee Guide, # 15 Exhibit Exhibit 14 - Acknowledgement of reading Unitrin, Inc. E-mail and Internet Code of Conduct, # 16 Exhibit Exhibit 15 - Manager's Certification under the Violent Crime Control Act of 1994, # 17 Exhibit Exhibit 16 - Acknowledgement of reading Ethics Code of Business Conduct, # 18 Exhibit Exhibit 17 - Notice to Employees of the E-mail, Internet Code of Conduct, # 19 Exhibit Exhibit 18 - Employee Patent and Confidential Information Agreement, # 20 Exhibit Exhibit 19 - Authorization for Employment Offer, # 21 Exhibit Exhibit 20 - E-mail from Lisa Bage dated 11/16/2004, # 22 Exhibit Exhibit 21 - E-mail from Lisa Bage dated 6/09/2005, # 23 Exhibit Exhibit 22 - E-mail from Lisa Bage dated 6/08/2005, # 24 Exhibit Exhibit 23 - E-mail from Lisa Bage dated 7/15/2005, # 25 Exhibit Exhibit 24 - Email from Lisa Bage dated 6/08/2005 12:01 PM, # 26 Exhibit Exhibit 25 - Email from Lisa Bage dated 6/28/2005, # 27 Exhibit Exhibit 26 - Employee Manual for Unitrin Specialty Lines Insurance) (McIntyre, M) (Entered: 05/22/2008)

DEPOSITION of Lisa Bage taken on June 21, 2007 by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Attachments: # 1 Exhibit 14 - March 23, 2006 Interview with Lisa Bage, # 2 Exhibit 15 - Unitrin Disciplinary Action Notice) (McIntyre, M) (Entered: 05/22/2008)

DEPOSITION of Lisa Bage taken on June 22, 2007 by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Attachments: # 1 Exhibit 16 - EEOC Charge No. 221-2005-02389, # 2 Exhibit 17 - Essential Standards of Conduct for All Employees, # 3 Exhibit 18 - Employee Manual Unitrin Specialty Lines Insurance, # 4 Exhibit 19 - Email to Tom Allmond dated 11/16/2004, # 5 Exhibit 20 - Supervisor/Manager Performance Appraisal, 1/29/00, # 6 Exhibit 21 - Supervisor/Manager Performance Appraisal, 2/15/01, # 7 Exhibit 22 - Employee Record, Change Notice, # 8 Exhibit 23 - Supervisor/Manager Performance Appraisal, 2/15/02, # 9 Exhibit 24 - Supervisor/Manager Performance Appraisal, 3/18/03, # 10 Exhibit 25 - Supervisor/Manager Performance Appraisal, 3/19/04, # 11 Exhibit 26 - Supervisor/Manager Performance Appraisal, 4/1/05, # 12 Exhibit 27 - Email to Tom Allmond dated 6/09/2005, # 13 Exhibit 28 - 2005 AY @ 2006) (McIntyre, M) (Entered: 05/22/2008)

DEPOSITION of Mike Foley taken on June 21, 2007 by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Attachments: # 1 Exhibit 13 - E-mails regarding CA MVR) (McIntyre, M) (Entered: 05/22/2008)

DEPOSITION of Dan Maloney taken on June 21, 2007 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - EEOC Charge Number 221-2005-02389, # 2 Exhibit 2 - September 30, 2005 Headcount 722, # 3 Exhibit 3 - MRR 2005 Rating Worksheet, # 4 Exhibit 4 - MRR for Tom Allmond, 7/28/04, # 5 Exhibit 5 - MRR for Tom Allmond, 5/5/03, # 6 Exhibit 6 - MRR for Tom Allmond, 11/12/02, # 7 Exhibit 7 - Leadership Mirror Feedback Report for Thomas Allmond, # 8 Exhibit 8 - Emails, # 9 Exhibit 9 - Emails regarding Interviews - Confidential, # 10 Exhibit 10 - Notes of Dan Maloney, # 11 Exhibit 11 - Fax cover sheet; Request to Employer for Separation Information, # 12 Exhibit 12 - 2004 AY @ 2005) (McIntyre, M) (Entered: 05/22/2008)

DEPOSITION of John W. Mullen taken on August 27, 2007 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Mullen Depo Pt 2, # 2 Exhibit 3 - MRR 2005 Rating Worksheet, # 3 Exhibit 7 - Leadership Mirror Feedback Report, # 4 Exhibit 20 - Supervisor/Manager Performance Appraisal, 1/29/00, # 5 Exhibit 21 - Supervisor/Manager Performance Appraisal, 2/15/01, # 6 Exhibit 22 - Employee Record Change Notice, # 7 Exhibit 27 - Email from Lisa Bage to Tom Allmond dated 6/09/2005, # 8 Exhibit 29 - Email from Tom Allmond to John Mullen dated 8/28/2001, # 9 Exhibit 30 - Email to Tom Allmond regarding Re-Organization, # 10 Exhibit 31 - Response to Plaintiff's Second Request for Production of Documents No. 2, # 11 Exhibit 32 - Response to Plaintiff's Second Set of Interrogatories Nos. 10 and 11, # 12 Exhibit 33 - Response to Plaintiff's Second Request for Production of Documents Nos. 3 and 7, # 13 Exhibit 34 - Response to Plaintiff's Second Request for Production of Documents No. 4, # 14 Exhibit 35 - Response to Plaintiff's Second Request for Production of Documents No. 8) (McIntyre, M) (Entered: 05/22/2008)

MOTION to Strike 37 Notice (Other), Notice (Other) Affidavits Attached to Defendants' Notice of Filing Affidavits (Document 37) by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Excerpt (pages 17 and 18) from Deposition of Dan Maloney) (Bird, Kenneth) (Entered: 05/29/2008)

RESPONSE in Opposition re 51 MOTION to Strike 37 Notice (Other), Notice (Other) Affidavits Attached to Defendants' Notice of Filing Affidavits (Document 37) MOTION to Strike 37 Notice (Other), Notice (Other) Affidavits Attached to Defendants' Notice of Filing Affidavits (Document 37) filed by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Attachments: # 1 Exhibit A - Smartt v. Clifton, # 2 Exhibit B - Messer v. Rohrer) (McIntyre, M) (Entered: 06/02/2008)

REPLY to Response to Motion re 51 MOTION to Strike 37 Notice (Other), Notice (Other) Affidavits Attached to Defendants' Notice of Filing Affidavits (Document 37) MOTION to Strike 37 Notice (Other), Notice (Other) Affidavits Attached to Defendants' Notice of Filing Affidavits (Document 37) filed by Plaintiff Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 06/04/2008)

DECISION AND ENTRY SUSTAINING DEFENDANTS MOTION FOR SUMMARY JUDGMENT 20 AND SUSTAINING, IN PART,AND OVERRULING, IN PART, DEFENDANTS MOTION TO STRIKECERTAIN ASSERTIONS AND MATERIALS 25 AND PLAINTIFFS MOTION TO STRIKE AFFIDAVITS 51 ;JUDGMENT TO BE ENTERED ON BEHALF OF DEFENDANTS AND AGAINST PLAINTIFF; TERMINATION ENTRY. Signed by Judge Walter H Rice on 9/22/2008. (jdf1) (Entered: 09/22/2008)

JUDGMENT in favor of Trinity Universal Insurance Co., Unitrin Specialty against Equal Employment Opportunity Commission. Signed by Judge Walter H Rice on 9/22/2008. (jdf1, ) (Entered: 09/22/2008)

MOTION for Taxation of Costs Against Plaintiff by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Attachments: # 1 Exhibit Costs Ex A - Bill of Costs, # 2 Exhibit Costs Ex A1, # 3 Exhibit Costs Ex A2, # 4 Exhibit Costs Ex A3, # 5 Exhibit Costs Ex A4, # 6 Exhibit Costs Ex A5, # 7 Exhibit Costs Ex A6, # 8 Exhibit Costs Ex B - Chapman Decl) (McIntyre, M) (Entered: 10/03/2008)

MOTION for Attorney Fees by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (Attachments: # 1 Declaration of Counsel in Support of Motion for Attorneys' Fees) (McIntyre, M) (Entered: 10/03/2008)

NOTICE OF BILL OF COSTS - The following is the briefing schedule for the bill of costs: Memoranda Contra by Plaintiffs - October 22, 2008, Reply in Support by Defendants - November 6, 2008. If Plaintiff fails to file a memoranda contra on or before October 22, 2008, the bill of costs will be taxed by the clerk on October 23, 2008. (sc1, ) (Entered: 10/07/2008)

NOTICE by Defendants Unitrin Specialty, Trinity Universal Insurance Co. of Filing Approved Form of Bill of Costs (Attachments: # 1 Exhibit - Bill of Costs Application/Form (AO 133)) (McIntyre, M) (Entered: 10/08/2008)

RESPONSE in Opposition re 57 MOTION for Attorney Fees filed by Plaintiff Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 10/17/2008)

REPLY to Response to Motion re 57 MOTION for Attorney Fees filed by Defendants Unitrin Specialty, Trinity Universal Insurance Co.. (McIntyre, M) (Entered: 10/28/2008)

MEMORANDUM AS TO BILL OF COSTS TAXATION. (jdf1, ) (Entered: 11/14/2008)

BILL OF COSTS. (jdf1, ) (Entered: 11/14/2008)

DECISION AND ENTRY OVERRULING DEFENDANTS MOTION FOR ATTORNEYS FEES 57 . Signed by Judge Walter H Rice on 8/31/2009. (davisj1, ) (Entered: 08/31/2009)