|
1
|
Sept. 17, 2003
|
COMPLAINT with Jury Demand. 0 Summons(es) issued -, filed by Equal Employment Opportunity Commission.(RCL, ) (Entered: 09/17/2003)
|
RECAP
|
|
2
|
Sept. 17, 2003
|
CIVIL COVER SHEET (RCL, ) (Entered: 09/17/2003)
|
RECAP
|
|
3
|
Sept. 26, 2003
|
MOTION to Intervene by Sami Martinez. (CLM, ) (Entered: 09/29/2003)
|
RECAP
|
|
4
|
Sept. 26, 2003
|
BRIEF Support re 3 MOTION to Intervene filed by Sami Martinez. (CLM, ) (Entered: 09/29/2003)
|
RECAP
|
|
5
|
Nov. 3, 2003
|
WAIVER OF SERVICE Returned Executed filed by Equal Employment Opportunity Commission. North Central Supply, Inc. executed waiver on 10/16/2003, answer due 12/15/2003. (JLH, ) (Entered: 11/05/2003)
|
RECAP
|
|
6
|
Nov. 20, 2003
|
ORDER granting 3 Motion to Intervene . Signed by Judge Richard H. Battey on 11/20/03. (RCL, ) (Entered: 11/20/2003)
|
RECAP
|
|
7
|
Nov. 24, 2003
|
INTERVENOR COMPLAINT with Jury Trial Demand, filed by Sami Martinez.(JLH, ) (Entered: 11/25/2003)
|
RECAP
|
|
Nov. 25, 2003
|
Intervenor Complaint Summons Issued as to North Central Supply, Inc. Fur 1 copy to Atty Knudsen for service (JLH, ) (Entered: 11/25/2003)
|
PACER
|
|
Nov. 25, 2003
|
Intervenor Complaint Summons Issued as to North Central Supply, Inc. Fur 1 copy to Atty Knudsen for service (JLH, )
|
|
|
8
|
Nov. 28, 2003
|
Corrected waiver of service filed by Equal Employment Opportunity Commission. (MWT) (Entered: 11/28/2003)
|
RECAP
|
|
9
|
Dec. 2, 2003
|
ANSWER to Complaint with Jury Demand by North Central Supply, Inc.(JLH, ) (Entered: 12/02/2003)
|
RECAP
|
|
10
|
Dec. 3, 2003
|
ORDER For Form 35 Report and Scheduling Information. Signed by Judge Richard H. Battey on 12/3/03. (BBH, ) (Entered: 12/03/2003)
|
RECAP
|
|
11
|
Dec. 5, 2003
|
SUMMONS Returned Executed by Sami Martinez. North Central Supply, Inc. served on 12/2/2003. (RCL, ) (Entered: 12/05/2003)
|
RECAP
|
|
12
|
Dec. 24, 2003
|
ANSWER to Intervenor Complaint by North Central Supply, Inc.(JLH, ) (Entered: 12/26/2003)
|
RECAP
|
|
13
|
Feb. 5, 2004
|
FORM 35 REPORT of Parties Planning Meeting re 10 Order for Form 35. (BBH, ) (Entered: 02/06/2004)
|
RECAP
|
|
14
|
Feb. 9, 2004
|
SCHEDULING ORDER: Discovery due by 9/1/2004. Motions due by 10/1/2004 signed by Judge Richard H. Battey on 2/9/04. (BBH, ) (Entered: 02/09/2004)
|
RECAP
|
|
15
|
Feb. 9, 2004
|
Confirmation of mailing NOE to non-ecf counsel (BBH, ) (Entered: 02/09/2004)
|
RECAP
|
|
16
|
Aug. 18, 2004
|
NOTICE to Take Deposition of Mike Titus (Knudsen, Donald) (Entered: 08/18/2004)
|
RECAP
|
|
17
|
Aug. 18, 2004
|
NOTICE to Take Deposition of Ron Colerick (Knudsen, Donald) (Entered: 08/18/2004)
|
RECAP
|
|
18
|
Aug. 18, 2004
|
NOTICE to Take Deposition of Jerry Baragar (Knudsen, Donald) (Entered: 08/18/2004)
|
RECAP
|
|
19
|
Aug. 18, 2004
|
NOTICE to Take Deposition of Steve L/N/U (Knudsen, Donald) (Entered: 08/18/2004)
|
RECAP
|
|
20
|
Aug. 19, 2004
|
NOTICE to Take Deposition of Mike Titus (Knudsen, Donald) (Entered: 08/19/2004)
|
RECAP
|
|
21
|
Aug. 19, 2004
|
NOTICE to Take Deposition of Kay Bull Bear (Nooney, John) (Entered: 08/19/2004)
|
RECAP
|
|
22
|
Aug. 19, 2004
|
NOTICE to Take Deposition of Sami Martinez (Nooney, John) (Entered: 08/19/2004)
|
RECAP
|
|
23
|
Aug. 19, 2004
|
APPLICATION for Writ of Habeas Corpus Ad Testificandum - Kay Bull Bear by North Central Supply, Inc.. (Nooney, John) (Entered: 08/19/2004)
|
RECAP
|
|
24
|
Aug. 19, 2004
|
APPLICATION for Writ of Habeas Corpus Ad Testificandum - Sami Martinez by North Central Supply, Inc.. (Nooney, John) (Entered: 08/19/2004)
|
RECAP
|
|
Aug. 19, 2004
|
NOTICE of Filing Error: Notice to Take Deposition22, Application for Writ23 filed by North Central Supply, Inc., Application for Writ24 filed by North Central Supply, Inc., Notice to Take Deposition21 FILED IN ERROR-SIGNATURE INCORRECT; DOCUMENTS HAVE BEEN REFILED; SEE 26 27 28 29 (RCL, ) (Entered: 08/20/2004)
|
PACER
|
|
Aug. 19, 2004
|
NOTICE of Filing Error: Notice to Take Deposition16 FILED IN ERROR - Signature of attorney was omitted - (Knudsen, Donald) Modified Docket Text on 8/20/2004 (RCL, ). (Entered: 08/19/2004)
|
PACER
|
|
Aug. 19, 2004
|
NOTICE of Filing Error: Notice to Take Deposition 16 FILED IN ERROR - Signature of attorney was omitted - (Knudsen, Donald) Modified Docket Text on 8/20/2004 (RCL, ).
|
|
|
Aug. 19, 2004
|
NOTICE of Filing Error: Notice to Take Deposition 22, Application for Writ 23 filed by North Central Supply, Inc., Application for Writ 24 filed by North Central Supply, Inc., Notice to Take Deposition 21 FILED IN ERROR-SIGNATURE INCORRECT; DOCUMENTS HAVE BEEN REFILED; SEE 26 27 28 29 (RCL, )
|
|
|
25
|
Aug. 20, 2004
|
NOTICE of Appearance by Gregory J. Bernard on behalf of North Central Supply, Inc. (Bernard, Gregory) (Entered: 08/20/2004)
|
RECAP
|
|
26
|
Aug. 20, 2004
|
NOTICE to Take Deposition of Kay Bull Bear (Bernard, Gregory) (Entered: 08/20/2004)
|
RECAP
|
|
27
|
Aug. 20, 2004
|
NOTICE to Take Deposition of Sami Martinez (Bernard, Gregory) (Entered: 08/20/2004)
|
RECAP
|
|
28
|
Aug. 20, 2004
|
APPLICATION for Writ of Habeas Corpus Ad Testificandum - Kay Bull Bear by North Central Supply, Inc.. (Bernard, Gregory) (Entered: 08/20/2004)
|
RECAP
|
|
29
|
Aug. 20, 2004
|
APPLICATION for Writ of Habeas Corpus Ad Testificandum - Sami Martinez by North Central Supply, Inc.. (Bernard, Gregory) (Entered: 08/20/2004)
|
RECAP
|
|
30
|
Aug. 20, 2004
|
CERTIFICATE Certificate of Service by North Central Supply, Inc.. (Attachments: # 1)(Bernard, Gregory) (Entered: 08/20/2004)
|
RECAP
|
|
31
|
Aug. 23, 2004
|
ORDER denying re 28 Application for Writ as to Kay Bull Bear filed by North Central Supply, Inc.; and denying re 29 Application for Writ as to Sami Martinez filed by North Central Supply, Inc. signed by Judge Richard H. Battey on August 23, 2004. (JLH, ) (Entered: 08/23/2004)
|
RECAP
|
|
32
|
Aug. 26, 2004
|
Amended NOTICE to Take Deposition of Sami Martinez (Nooney, John) (Entered: 08/26/2004)
|
RECAP
|
|
33
|
Aug. 26, 2004
|
Amended NOTICE to Take Deposition of Marvallen K. Bull Bear (Nooney, John) (Entered: 08/26/2004)
|
RECAP
|
|
34
|
Aug. 30, 2004
|
MOTION to Extend Time by North Central Supply, Inc.. (Nooney, John) (Entered: 08/30/2004)
|
RECAP
|
|
35
|
Aug. 30, 2004
|
STIPULATION for Extension of Time by North Central Supply, Inc.. (Nooney, John) (Entered: 08/30/2004)
|
RECAP
|
|
36
|
Aug. 31, 2004
|
MOTION to Extend Time by North Central Supply, Inc.. (Nooney, John) (Entered: 08/31/2004)
|
RECAP
|
|
37
|
Aug. 31, 2004
|
ORDER granting 36 Motion to Extend . Signed by Judge Richard H. Battey on 8/31/04. (RCL, ) (Entered: 08/31/2004)
|
RECAP
|
|
Aug. 31, 2004
|
NOTICE of Filing Error: Motion to Extend34 filed by North Central Supply, Inc. FILED IN ERROR (Nooney, John) (Entered: 08/31/2004)
|
PACER
|
|
Aug. 31, 2004
|
NOTICE of Filing Error: Motion to Extend 34 filed by North Central Supply, Inc. FILED IN ERROR (Nooney, John)
|
|
|
38
|
Sept. 9, 2004
|
AFFIDAVIT of Service for Amended Subpoena served on Duane Russell for Marvallen K. Bull Bear on August 23, 2004, filed by North Central Supply, Inc.. (Nooney, John) (Entered: 09/09/2004)
|
RECAP
|
|
39
|
Sept. 9, 2004
|
CERTIFICATE OF SERVICE by North Central Supply, Inc. (Attachments: # 1)(Nooney, John) (Entered: 09/09/2004)
|
RECAP
|
|
40
|
Dec. 15, 2004
|
SCHEDULING ORDER: Pretrial Conference set for 3/22/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey Jury Trial set for 3/29/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey signed by Judge Richard H. Battey on 12/15/04. (CLM, ) (Entered: 12/15/2004)
|
RECAP
|
|
41
|
Feb. 24, 2005
|
First MOTION for Settlement Conference by Sami Martinez. (Knudsen, Donald) (Entered: 02/24/2005)
|
RECAP
|
|
42
|
March 4, 2005
|
NOTICE of Settlement Conference and Settlement Conference ORDER; settlement conference scheduled 03/15/05 at 9 a.m.; submissions due within 10 days prior to the conference signed by Judge Marshall P. Young on March 4, 2005. (JLH, ) (Entered: 03/04/2005)
|
RECAP
|
|
43
|
March 15, 2005
|
PRETRIAL MEMORANDUM by North Central Supply, Inc.. (Attachments: # 1 Motion in Limine re: testimony# 2 Motion in Limine re: Probable Cause# 3 Proposed Jury Instructions)(Nooney, John) (Entered: 03/15/2005)
|
RECAP
|
|
44
|
March 15, 2005
|
APPLICATION for Writ of Habeas Corpus Ad Testificandum for Marvallen Kay Bull Bear by Sami Martinez. (Knudsen, Donald) (Entered: 03/15/2005)
|
RECAP
|
|
45
|
March 15, 2005
|
PRETRIAL MEMORANDUM by Sami Martinez, Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Proposed Jury Instructions# 2 Exhibit Motion in Limine and supporting Memorandum)(Knudsen, Donald) (Entered: 03/15/2005)
|
RECAP
|
|
46
|
March 16, 2005
|
MOTION for Leave to Amend Pretrial Conference Checklist by North Central Supply, Inc.. (Nooney, John) (Entered: 03/16/2005)
|
RECAP
|
|
47
|
March 17, 2005
|
WRIT of Habeas Corpus Ad Testificandum. Signed by Judge Richard H. Battey on 3/17/05. Delivered certified copies of application and writ to USM. (JMM, ) (Entered: 03/17/2005)
|
RECAP
|
|
48
|
March 17, 2005
|
ORDER granting 46 Motion for Leave to file amended pretrial checklist. Signed by Judge Richard H. Battey on 3/17/05. (JMM, ) (Entered: 03/17/2005)
|
RECAP
|
|
49
|
March 17, 2005
|
AMENDED DOCUMENT by North Central Supply, Inc.. Amendment to 43 Pretrial Memorandum. (Nooney, John) (Entered: 03/17/2005)
|
RECAP
|
|
50
|
March 17, 2005
|
First MOTION to Dismiss Counts II and III of Complaint and Demand for Jury Trial by Sami Martinez. (Knudsen, Donald) (Entered: 03/17/2005)
|
RECAP
|
|
51
|
March 17, 2005
|
REPLY to 45 Pretrial Memorandum In Opposition to Motion in Limine Regarding Sexual Preference filed by North Central Supply, Inc.. (Nooney, John) (Entered: 03/17/2005)
|
RECAP
|
|
53
|
March 17, 2005
|
NOTICE OF READING MIKE TITUS' DEPOSITION TRANSCRIPT INTO THE RECORD DURING TRIAL by Sami Martinez (Attachments: # 1 Deposition Transcript of Michael Titus# 2 Exhibit 1: 2001 Attendance Controller - Sami Martinez # 3 Exhibit 2: Termination Report - Sami Martinez# 4 Exhibit 3: Termination Report Auguie Martinis# 5 Exhibit 4: 2001 Attendance Controller - Auguie Martines# 6 Exhibit 5: Termination Report - Bruce Clark# 7 Exhibit 6: Termination Report Daniel Escandon# 8 Exhibit 7: Termination Report Andel Lawrence# 9 Exhibit 8: Notes)(MWT, ) (Entered: 03/18/2005)
|
RECAP
|
|
54
|
March 18, 2005
|
First MOTION to Seal Document 52 Reply by Sami Martinez. (Knudsen, Donald) (Entered: 03/18/2005)
|
RECAP
|
|
55
|
March 18, 2005
|
First MOTION Allow Witness to Wear Street Clothes at Trial by Sami Martinez. (Knudsen, Donald) (Entered: 03/18/2005)
|
RECAP
|
|
56
|
March 18, 2005
|
AMEDED WRIT OF Habeas Corpus Ad Testificandum. signed by Judge Richard H. Battey on 03-18-05. (MWT, ) (Entered: 03/18/2005)
|
RECAP
|
|
57
|
March 21, 2005
|
MOTION IN LIMINE: by North Central Supply, Inc.. (Attachments: # 1 Affidavit of Ron Colerick)(Nooney, John) (Entered: 03/21/2005)
|
RECAP
|
|
58
|
March 21, 2005
|
MOTION IN LIMINE: by North Central Supply, Inc.. (Nooney, John) (Entered: 03/21/2005)
|
RECAP
|
|
59
|
March 21, 2005
|
MEMORANDUM in Opposition re 57 MOTION IN LIMINE: filed by Sami Martinez. (Knudsen, Donald) (Entered: 03/21/2005)
|
RECAP
|
|
60
|
March 21, 2005
|
AFFIDAVIT of Daniel E. Ashmore re 59 Memorandum in Opposition to Motion. (Knudsen, Donald) (Entered: 03/21/2005)
|
RECAP
|
|
61
|
March 21, 2005
|
AFFIDAVIT of Donald P. Knudsen re 59 Memorandum in Opposition to Motion. (Knudsen, Donald) (Entered: 03/21/2005)
|
RECAP
|
|
62
|
March 21, 2005
|
RESPONSE to 52 Reply filed by Sami Martinez. (Knudsen, Donald) (Entered: 03/21/2005)
|
RECAP
|
|
63
|
March 21, 2005
|
REPLY to 43 Pretrial Memorandum filed by Sami Martinez. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Knudsen, Donald) (Entered: 03/21/2005)
|
RECAP
|
|
64
|
March 21, 2005
|
First MOTION to Dismiss Additional Count of Complaint by Sami Martinez. (Knudsen, Donald) (Entered: 03/21/2005)
|
RECAP
|
|
65
|
March 22, 2005
|
SUBPOENA for Steve Hickens returned (BBH, ) (Entered: 03/22/2005)
|
RECAP
|
|
66
|
March 22, 2005
|
SUBPOENA for Jerry Baragar returned (BBH, ) (Entered: 03/22/2005)
|
RECAP
|
|
67
|
March 22, 2005
|
SUBPOENA for Sean Nichols returned (BBH, ) (Entered: 03/22/2005)
|
RECAP
|
|
68
|
March 22, 2005
|
Pretrial Conference held on 3/22/2005 before Judge Richard H. Battey (Court Reporter Tringie Holt) (JLH, ) (Entered: 03/22/2005)
|
RECAP
|
|
69
|
March 23, 2005
|
ORDER rescinding re 56 Amended Writ of Habeas COrpus Ad Testificandum signed by Judge Richard H. Battey on March 23, 2005. Fur. 3 c. copies to USMS, for service(JLH, ) Modified on 3/23/2005 to correct above entry mailing 3 c. copies to Warden, SD Womens Prison, 3200 E. Hwy 34, Suite 1, Pierre, SD 57501(JLH, ). (Entered: 03/23/2005)
|
RECAP
|
|
70
|
March 23, 2005
|
BRIEFING SCHEDULE re 57 Motion In Limine to Disqualify Plaintiff's Counsel: Plaintiff shall serve and file a responsive brief by 4/19/2005. defendant shal file a reply brief within 15 days of the filing of plaintiff's responsive brief. signed by Judge Richard H. Battey on March 23, 2005. (JLH, ) (Entered: 03/23/2005)
|
RECAP
|
|
71
|
March 23, 2005
|
ORDER granting pllaintiff Sami Martinez' 54 Motion to Seal Document 52 Reply Brief in Support of its opposition to hermotion in limine regarding sexual preference. Signed by Judge Richard H. Battey on March 23, 2005. (JLH, ) (Entered: 03/23/2005)
|
RECAP
|
|
72
|
March 25, 2005
|
SUBPOENA for Nancy J. Old Bull returned (JLH, ) (Entered: 03/25/2005)
|
RECAP
|
|
73
|
April 6, 2005
|
SUBPOENA for Ray Falk returned (Attachments: # 1 Hughes County Sheriff's Office Return of Service)(BBH, ) (Entered: 04/06/2005)
|
RECAP
|
|
74
|
April 11, 2005
|
First MOTION for Leave to Withdraw as Legal Counsel by Sami Martinez. (Knudsen, Donald) (Entered: 04/11/2005)
|
RECAP
|
|
75
|
April 11, 2005
|
RESPONSE to Motion re 57 MOTION IN LIMINE: filed by Sami Martinez. (Knudsen, Donald) (Entered: 04/11/2005)
|
RECAP
|
|
76
|
April 12, 2005
|
ORDER granting 57 Motion in Limine re: Disqualification of Plaintiff's Counsel, granting 74 Motion for Leave to withdraw . Signed by Judge Richard H. Battey on 4/12/2005. (BBH, ) (Entered: 04/12/2005)
|
RECAP
|
|
77
|
April 12, 2005
|
REPLY to 74 Motion for Leave to Withdraw as Legal Counsel filed by North Central Supply, Inc.. (Nooney, John) (Entered: 04/12/2005)
|
RECAP
|
|
78
|
April 20, 2005
|
NOTICE of Appearance by Michael William Strain on behalf of Sami Martinez (DLC) (Entered: 04/20/2005)
|
RECAP
|
|
79
|
April 21, 2005
|
ORDER signed by Judge Richard H. Battey on April 21, 2005. Plaintiff's Counsel shall notify the Court within 10 days of when he will be ready for trial.(DLC) (Entered: 04/21/2005)
|
RECAP
|
|
81
|
April 21, 2005
|
NOTICE of Appearance by Kim R. Rogers on behalf of Equal Employment Opportunity Commission (Rogers, Kim) (Entered: 04/21/2005)
|
RECAP
|
|
82
|
May 3, 2005
|
DECLARATION of Michael W. Strain re 79 Order regarding available trial times. (JLH, ) (Entered: 05/03/2005)
|
RECAP
|
|
83
|
May 6, 2005
|
ORDER extending Discovery deadline to 6/15/2005 and a new scheduling order shall be issued setting a new pretrial submission deadline and a new trial date signed by Judge Richard H. Battey on May 6, 2005. (JLH, ) (Entered: 05/06/2005)
|
RECAP
|
|
85
|
June 20, 2005
|
WRIT of of Habeas Corpus ad Testificandum Returned Unexecuted as to Marvallen Kay Bull Bear. (SST, ) Modified on 6/22/2005 (SST, ). (Entered: 06/21/2005)
|
RECAP
|
|
86
|
July 20, 2005
|
SCHEDULING ORDER: Pretrial Conference set for 9/27/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. Jury Trial set for 10/4/2005 09:00 AM in RC 3rd Floor Courtroom before Senior Judge Richard H. Battey. Signed by Judge Richard H. Battey on 7/20/2005. (BBH, ) (Entered: 07/20/2005)
|
RECAP
|
|
88
|
Aug. 30, 2005
|
Notice of Settlement Conference and Settlement Conference Order. Signed by Judge Marshall P. Young on 08/30/05. (MWT, ) (Entered: 08/30/2005)
|
RECAP
|
|
90
|
Sept. 12, 2005
|
CONSENT to Decree by Defendant North Central Supply, Inc.. (Attachments: # 1 Attachment A, Notice to Employees)(Bernard, Gregory) Modified on 9/13/2005 to add description of attachment (BBH, ). (Entered: 09/12/2005)
|
RECAP
|
|
91
|
Sept. 12, 2005
|
STIPULATION of Dismissal as to Plaintiff EEOC's Complaint Pursuant to Consent Decree by North Central Supply, Inc.. (Bernard, Gregory) (Entered: 09/12/2005)
|
RECAP
|
|
92
|
Sept. 15, 2005
|
JUDGMENT OF DISMISSAL WITH PREJUDICE as to Equal Employment Opportunity Commission, dismissed pursuant to Consent Decree on its merits, with prejudice, and without further notice or costs to any party. Signed by Judge Richard H. Battey on 9/14/2005. (BBH, ) (Entered: 09/15/2005)
|
RECAP
|
|
94
|
Sept. 15, 2005
|
MOTION to Continue by North Central Supply, Inc.. (Nooney, John) (Entered: 09/15/2005)
|
RECAP
|
|
95
|
Sept. 15, 2005
|
AFFIDAVIT of John K. Nooney re 94 MOTION to Continue. (Nooney, John) (Entered: 09/15/2005)
|
RECAP
|
|
96
|
Sept. 15, 2005
|
STIPULATION re 94 MOTION to Continue by North Central Supply, Inc.. (Nooney, John) (Entered: 09/15/2005)
|
RECAP
|
|
97
|
Sept. 16, 2005
|
ORDER that prior counsel of record for plaintiff Sami Martinez submit an itemized statement to support any claim for attorneys fees. Signed by Judge Andrew W. Bogue on 09/16/05. (MWT, ) (Entered: 09/16/2005)
|
RECAP
|
|
99
|
Sept. 19, 2005
|
SCHEDULING ORDER: Pretrial Conference set for 11/22/2005 11:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. Jury Trial set for 11/29/2005 09:00 AM in RC 2nd Floor Courtroom before Senior Judge Richard H. Battey. Signed by Judge Richard H. Battey on 9/19/2005. (BBH, ) (Entered: 09/19/2005)
|
RECAP
|