Case: EEOC v. Unitrin Specialty

3:06-cv-00302 | U.S. District Court for the Southern District of Ohio

Filed Date: Sept. 29, 2006

Closed Date: Aug. 31, 2009

Clearinghouse coding complete

Case Summary

The Indianapolis district office of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Unitrin Specialty (a business segment of Unitrin, Inc.) and Trinity Universal Insurance Co. (a wholly owned subsidiary of Unitrin, Inc.) in September 2006 in U.S. District Court for the Southern District of Ohio. The complaint alleged that an employee had been fired in retaliation for complaining about sex and age discrimination in the workplace, in violation of Title VII of the …

The Indianapolis district office of the Equal Employment Opportunity Commission (EEOC) brought this lawsuit against Unitrin Specialty (a business segment of Unitrin, Inc.) and Trinity Universal Insurance Co. (a wholly owned subsidiary of Unitrin, Inc.) in September 2006 in U.S. District Court for the Southern District of Ohio. The complaint alleged that an employee had been fired in retaliation for complaining about sex and age discrimination in the workplace, in violation of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA).

In 2006 and 2007, the parties began discovery and started to engage in court-ordered mediation.

On September 22, 2008, Judge Walter Herbert Rice granted the defendants’ motion for summary judgment, finding that the plaintiff’s conduct was not actually protected under Title VII 42 U.S.C. § 2000e or the ADEA. Therefore, retaliation in violation of the ADEA or Title VII had not occurred. The defendants then moved for attorney fees on October 3, 2008, but the court denied this request on August 31, 2009.

The case is now closed.

Summary Authors

Shankar Viswanathan (5/29/2008)

Sean Whetstone (5/25/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4362691/parties/equal-employment-opportunity-commission-v-unitrin-specialty/


Judge(s)
Attorney for Plaintiff

Adams, Raechel L. (Ohio)

Anderson, Suzanne M (Ohio)

Backhaus, William C (Ohio)

Bannon, Jeffrey C (Ohio)

Bird, Kenneth L (Indiana)

Attorney for Defendant

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Documents in the Clearinghouse

Document

3:06-cv-00302

Docket [PACER]

Equal Employment Opportunity Commission v. Unitrin Specialty

Aug. 31, 2009

Aug. 31, 2009

Docket
1

3:06-cv-00302

Complaint

EEOC v. Unitrin Specialty, Inc.

Sept. 29, 2006

Sept. 29, 2006

Complaint
54

3:06-cv-00302

Decision

Sept. 22, 2008

Sept. 22, 2008

Order/Opinion
65

3:06-cv-00302

Decision and Entry Overruling Defendants' Motion for Attorney's Fees (Doc. #57)

Aug. 31, 2009

Aug. 31, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4362691/equal-employment-opportunity-commission-v-unitrin-specialty/

Last updated March 18, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

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

Sept. 29, 2006

Sept. 29, 2006

RECAP
2

***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)

Sept. 29, 2006

Sept. 29, 2006

PACER
3

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

Sept. 29, 2006

Sept. 29, 2006

PACER
4

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)

Sept. 29, 2006

Sept. 29, 2006

PACER
5

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

Nov. 3, 2006

Nov. 3, 2006

PACER
6

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

Nov. 14, 2006

Nov. 14, 2006

PACER
7

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)

Nov. 15, 2006

Nov. 15, 2006

PACER
8

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

Nov. 15, 2006

Nov. 15, 2006

PACER
9

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

Dec. 6, 2006

Dec. 6, 2006

PACER
10

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

Dec. 6, 2006

Dec. 6, 2006

PACER
11

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

Dec. 11, 2006

Dec. 11, 2006

PACER
12

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

Dec. 11, 2006

Dec. 11, 2006

PACER
13

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

Dec. 11, 2006

Dec. 11, 2006

PACER
14

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

Dec. 12, 2006

Dec. 12, 2006

PACER
15

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)

1 Exhibit # 1 Certificate of Good Standing of Kenneth Lee Bird

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2 Exhibit # 2 Certificate of Good Standing of Laurie Ann Young

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3 Exhibit # 3 Certificate of Good Standing of Michelle Eisele

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Jan. 10, 2007

Jan. 10, 2007

PACER
16

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

Jan. 26, 2007

Jan. 26, 2007

PACER
17

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)

Jan. 30, 2007

Jan. 30, 2007

PACER
18

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

Aug. 13, 2007

Aug. 13, 2007

PACER
19

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

Nov. 1, 2007

Nov. 1, 2007

PACER
20

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

Nov. 1, 2007

Nov. 1, 2007

PACER
21

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)

1 Exhibit A: Excerpts from deposition of Thomas Allmond (part 1 of 2)

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2 Exhibit B: Excerpts from deposition of Thomas Allmond (part 2 of 2)

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3 Exhibit C: Excerpts from deposition of Lisa Bage

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4 Exhibit D: Excerpts from deposition of Mike Foley

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5 Exhibit E: Excerpts from deposition of Dan Maloney

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6 Exhibit F: Excerpts from deposition of John Mullen

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7 Exhibit G: Declaration of Thomas Feiertag

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8 Exhibit H: Answer to Interrogatories 10 and 11

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Nov. 30, 2007

Nov. 30, 2007

PACER
22

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)

Dec. 6, 2007

Dec. 6, 2007

PACER
23

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)

Dec. 11, 2007

Dec. 11, 2007

PACER
24

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)

1 Exhibit Allmond Deposition Excerpts

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2 Exhibit Allmond 2005 Evaluation

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3 Exhibit Fox vs. Eagle Distributing Co.

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Dec. 21, 2007

Dec. 21, 2007

PACER
25

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)

1 Exhibit Deposition Excerpts

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2 Exhibit Thompson. v. DACCO, INC.

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3 Exhibit Plaintiff's Voluntary Initial Disclosures

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Dec. 21, 2007

Dec. 21, 2007

PACER
26

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)

Dec. 25, 2007

Dec. 25, 2007

PACER
27

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)

1 Letter (with redactions) from Thomas Allmond to the EEOC

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2 Excerpts from the Deposition of Thomas Allmond

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3 Excerpt from the Deposition of Lisa Bage

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Dec. 25, 2007

Dec. 25, 2007

PACER
28

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

Jan. 4, 2008

Jan. 4, 2008

PACER
29

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)

1 Exhibit A - Hearsay Opinion chart

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Jan. 7, 2008

Jan. 7, 2008

PACER
30

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

Jan. 14, 2008

Jan. 14, 2008

PACER
31

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)

1 Exhibit Amended Declaration of Thomas Feiertag

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Jan. 23, 2008

Jan. 23, 2008

PACER
32

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)

Jan. 23, 2008

Jan. 23, 2008

PACER
33

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

Feb. 11, 2008

Feb. 11, 2008

PACER
34

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)

April 10, 2008

April 10, 2008

PACER
35

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

April 11, 2008

April 11, 2008

PACER
36

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)

1 Exhibit A - Proposed Scheduling Order for Discussion

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April 15, 2008

April 15, 2008

PACER
37

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)

1 Affidavit of Lisa K. Bage

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2 Exhibit Bage A - Plaintiffs Depo Ex 3

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3 Exhibit Bage B - Plaintiffs Depo Ex 8

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4 Exhibit Bage C - Plaintiffs Depo Ex 19

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5 Exhibit Bage D - Plaintiffs Depo Ex 9

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6 Affidavit of Dan Maloney

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7 Exhibit Maloney Ex A - Plaintiffs Depo Ex 9

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8 Exhibit Maloney Ex B - Plaintiffs Depo Ex 10

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May 22, 2008

May 22, 2008

PACER
38

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)

May 22, 2008

May 22, 2008

PACER
41

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)

1 Allmond Depo Pt 2

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2 Exhibit Exhibit 1 - Email to Lisa Bage dated 7/29/2005

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3 Exhibit Exhibit 2 - Email to Dan Maloney dated 8/2/2005

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4 Exhibit Exhibit 3 - Letter to EEOC Dallas office

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5 Exhibit Exhibit 4 - Application for Employment

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6 Exhibit Exhibit 5 - Letter to John Mullen

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7 Exhibit Exhibit 6 - 2005 Conflict of Interest Questionnaire

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8 Exhibit Exhibit 7 - Essential Standards of Conduct for All Employees

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9 Exhibit Exhibit 8 - Unitrin E-mail and Internet Code of Conduct

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10 Exhibit Exhibit 9 - Unitrin Training Acknowledgment

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11 Exhibit Exhibit 10 - Business Code of Conduct

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12 Exhibit Exhibit 11 - Unitrin Property and Casualty Insurance Group Training

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13 Exhibit Exhibit 12 - Conflict of Interest Questionnaire

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14 Exhibit Exhibit 13 - Acknowledgment of Receipt of January 1, 2000 Revised Employ

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15 Exhibit Exhibit 14 - Acknowledgement of reading Unitrin, Inc. E-mail and Interne

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16 Exhibit Exhibit 15 - Manager's Certification under the Violent Crime Contro

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17 Exhibit Exhibit 16 - Acknowledgement of reading Ethics Code of Business Conduct

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18 Exhibit Exhibit 17 - Notice to Employees of the E-mail, Internet Code of Conduct

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19 Exhibit Exhibit 18 - Employee Patent and Confidential Information Agreement

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20 Exhibit Exhibit 19 - Authorization for Employment Offer

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21 Exhibit Exhibit 20 - E-mail from Lisa Bage dated 11/16/2004

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22 Exhibit Exhibit 21 - E-mail from Lisa Bage dated 6/09/2005

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23 Exhibit Exhibit 22 - E-mail from Lisa Bage dated 6/08/2005

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24 Exhibit Exhibit 23 - E-mail from Lisa Bage dated 7/15/2005

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25 Exhibit Exhibit 24 - Email from Lisa Bage dated 6/08/2005 12:01 PM

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26 Exhibit Exhibit 25 - Email from Lisa Bage dated 6/28/2005

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27 Exhibit Exhibit 26 - Employee Manual for Unitrin Specialty Lines Insurance

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May 22, 2008

May 22, 2008

PACER
43

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)

1 Exhibit 14 - March 23, 2006 Interview with Lisa Bage

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2 Exhibit 15 - Unitrin Disciplinary Action Notice

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May 22, 2008

May 22, 2008

PACER
45

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)

1 Exhibit 16 - EEOC Charge No. 221-2005-02389

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2 Exhibit 17 - Essential Standards of Conduct for All Employees

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3 Exhibit 18 - Employee Manual Unitrin Specialty Lines Insurance

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4 Exhibit 19 - Email to Tom Allmond dated 11/16/2004

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5 Exhibit 20 - Supervisor/Manager Performance Appraisal, 1/29/00

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6 Exhibit 21 - Supervisor/Manager Performance Appraisal, 2/15/01

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7 Exhibit 22 - Employee Record, Change Notice

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8 Exhibit 23 - Supervisor/Manager Performance Appraisal, 2/15/02

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9 Exhibit 24 - Supervisor/Manager Performance Appraisal, 3/18/03

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10 Exhibit 25 - Supervisor/Manager Performance Appraisal, 3/19/04

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11 Exhibit 26 - Supervisor/Manager Performance Appraisal, 4/1/05

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12 Exhibit 27 - Email to Tom Allmond dated 6/09/2005

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13 Exhibit 28 - 2005 AY @ 2006

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May 22, 2008

May 22, 2008

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47

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)

1 Exhibit 13 - E-mails regarding CA MVR

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May 22, 2008

May 22, 2008

PACER
49

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)

1 Exhibit 1 - EEOC Charge Number 221-2005-02389

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2 Exhibit 2 - September 30, 2005 Headcount 722

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3 Exhibit 3 - MRR 2005 Rating Worksheet

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4 Exhibit 4 - MRR for Tom Allmond, 7/28/04

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5 Exhibit 5 - MRR for Tom Allmond, 5/5/03

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6 Exhibit 6 - MRR for Tom Allmond, 11/12/02

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7 Exhibit 7 - Leadership Mirror Feedback Report for Thomas Allmond

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8 Exhibit 8 - Emails

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9 Exhibit 9 - Emails regarding Interviews - Confidential

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10 Exhibit 10 - Notes of Dan Maloney

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11 Exhibit 11 - Fax cover sheet; Request to Employer for Separation Information

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12 Exhibit 12 - 2004 AY @ 2005

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May 22, 2008

May 22, 2008

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50

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)

1 Mullen Depo Pt 2

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2 Exhibit 3 - MRR 2005 Rating Worksheet

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3 Exhibit 7 - Leadership Mirror Feedback Report

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4 Exhibit 20 - Supervisor/Manager Performance Appraisal, 1/29/00

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5 Exhibit 21 - Supervisor/Manager Performance Appraisal, 2/15/01

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6 Exhibit 22 - Employee Record Change Notice

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7 Exhibit 27 - Email from Lisa Bage to Tom Allmond dated 6/09/2005

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8 Exhibit 29 - Email from Tom Allmond to John Mullen dated 8/28/2001

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9 Exhibit 30 - Email to Tom Allmond regarding Re-Organization

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10 Exhibit 31 - Response to Plaintiff's Second Request for Production of Docum

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11 Exhibit 32 - Response to Plaintiff's Second Set of Interrogatories Nos. 10

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12 Exhibit 33 - Response to Plaintiff's Second Request for Production of Docum

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13 Exhibit 34 - Response to Plaintiff's Second Request for Production of Docum

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14 Exhibit 35 - Response to Plaintiff's Second Request for Production of Docum

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May 22, 2008

May 22, 2008

PACER
51

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)

1 Exhibit Excerpt (pages 17 and 18) from Deposition of Dan Maloney

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May 29, 2008

May 29, 2008

PACER
52

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)

1 Exhibit A - Smartt v. Clifton

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2 Exhibit B - Messer v. Rohrer

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June 2, 2008

June 2, 2008

PACER
53

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)

June 4, 2008

June 4, 2008

PACER
54

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)

Sept. 22, 2008

Sept. 22, 2008

RECAP
55

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)

Sept. 22, 2008

Sept. 22, 2008

PACER
56

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)

1 Exhibit Costs Ex A - Bill of Costs

View on PACER

2 Exhibit Costs Ex A1

View on PACER

3 Exhibit Costs Ex A2

View on PACER

4 Exhibit Costs Ex A3

View on PACER

5 Exhibit Costs Ex A4

View on PACER

6 Exhibit Costs Ex A5

View on PACER

7 Exhibit Costs Ex A6

View on PACER

8 Exhibit Costs Ex B - Chapman Decl

View on PACER

Oct. 3, 2008

Oct. 3, 2008

PACER
57

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)

1 Declaration of Counsel in Support of Motion for Attorneys' Fees

View on PACER

Oct. 3, 2008

Oct. 3, 2008

PACER
58

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)

Oct. 7, 2008

Oct. 7, 2008

PACER
59

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)

1 Exhibit - Bill of Costs Application/Form (AO 133)

View on PACER

Oct. 8, 2008

Oct. 8, 2008

PACER
60

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

Oct. 17, 2008

Oct. 17, 2008

PACER
61

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)

Oct. 28, 2008

Oct. 28, 2008

PACER
62

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

Nov. 14, 2008

Nov. 14, 2008

PACER
63

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

Nov. 14, 2008

Nov. 14, 2008

PACER
65

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)

Aug. 31, 2009

Aug. 31, 2009

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2006

Closing Date: Aug. 31, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of an alleged victim of employment retaliation.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Trinity Universal Insurance Co. (Dayton, Ohio), Private Entity/Person

Trinity Universal Insurance Co., Private Entity/Person

Unitrin Specialty (Dayton, Ohio), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

Age discrimination

Sex discrimination

Affected Sex or Gender:

Male

EEOC-centric:

Direct Suit on Merits