Case: EEOC v. WALGREEN'S

EEOC v. Walgreen Company

EEOC, et al. v. Walgreen Co.

EEOC v. Walgreen Company

U.S. Court of Appeals for the Ninth Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (ESH) (Entered: 05/13/2005)

WAIVER of Service of summons and complaint upon dft Walgreen Company ; waiver sent on 5/23/05 (DMT) (Entered: 06/03/2005)

ANSWER to Complaint by Walgreen Company.(LSP, ) (Entered: 07/25/2005)

ORDER SETTING RULE 16 SCHEDULING CONFERENCE Scheduling Conference set for 10/28/2005 03:00 PM before Judge Frederick J. Martone. Signed by Judge Frederick J. Martone on 8/1/05. (LSP) (Entered: 08/01/2005)

Corporate Disclosure Statement by Walgreen Company. (Ogden, John) (Entered: 08/01/2005)

Notice re Plaintiff EEOC's Initial Rule 26(a)(1) Disclosure Statement by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 10/14/2005)

Notice re Notice of Service by Walgreen Company of Defendant's Rule 26(a)(1) Initial Disclosure Statement (Culbertson, Kristin) (Entered: 10/14/2005)

REPORT re: Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 10/21/2005)

MOTION to Intervene by Laura M Napoli. (Marshall, Mishka) (Entered: 10/27/2005)

Minute Entry for proceedings held before Judge Frederick J Martone : Scheduling Conference held on 10/28/2005; Final Pretrial Conference set on 3/30/2007 at 3:00 p.m.; Jury trial set on 4/10/2007 at 9:00 a.m., formal order to follow. (Court Reporter Linda Schroeder-Willis.) (JBA) (Entered: 11/01/2005)

RULE 16 SCHEDULING ORDER: Discovery due by 9/29/2006. Dispositive motions due by 10/31/2006. Proposed Pretrial Order due by 3/23/2007. Final Pretrial Conference set for 3/30/2007 03:00 PM before Judge Frederick J Martone. Jury Trial set for 4/10/2007 09:00 AM before Judge Frederick J Martone.. Signed by Judge Frederick J Martone on 10/28/05. (MAP, ) (Entered: 10/31/2005)

RESPONSE to Motion re 9 MOTION to Intervene filed by Walgreen Company. (Culbertson, Kristin) (Entered: 11/07/2005)

Notice re Service of Defendant's Discovery Requests to Plaintiff by Walgreen Company (Culbertson, Kristin) (Entered: 12/08/2005)

ORDER granting 9 Motion to Intervene; this Court's Rule 16 scheduling order shall apply in all respects to the intervenor; if the intervenor has not already made initial disclosures, it shall do so no later than 12/23/05. Signed by Judge Frederick J Martone on 12/14/2005. (LAD) (Entered: 12/15/2005)

Notice re Service of Defendant's Discovery Requests to Intervenor by Walgreen Company (Culbertson, Kristin) (Entered: 01/03/2006)

MOTION for Extension of Time To Respond to Discovery Requests by Equal Employment Opportunity Commission. (Padegimas, Sandra) (Entered: 01/03/2006)

ANSWER to Complaint of Intervenor by Walgreen Company.(Culbertson, Kristin) (Entered: 01/03/2006)

ORDER granting 16 Motion for Extension of Time up to and including 01/27/06 to serve its response to Dft's First set of interrogatories and First Request for Production of Documents. Signed by Judge Frederick J Martone on 01/25/06. (DNH, ) (Entered: 01/26/2006)

Notice re Service of Responses to Defendant's First Discovery Requests by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 02/01/2006)

NOTICE of Attorney Substitution by Sally Clifford Shanley, Sally C. Shanley, Sally Clifford Shanley adding Sally C. Shanley and Sally Clifford Shanley for Equal Employment Opportunity Commission (Shanley, Sally) (Entered: 02/02/2006)

Notice re Service of Intervenor Plaintiff's Responses to Defendants First Set of Interrogatories by Laura M Napoli (Marshall, Mishka) (Entered: 02/06/2006)

Notice re Service of Intervenor Plaintiff's Responses to Defendant's First Request for Production of Documents by Laura M Napoli (Marshall, Mishka) (Entered: 02/06/2006)

Notice re Service of Intervenor Plaintiff's Initial Disclosure Statement by Laura M Napoli (Marshall, Mishka) (Entered: 02/06/2006)

Notice re service of discovery requests by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 03/09/2006)

Notice re Notice of Service by Walgreen Company Defendant's Rule 26(A)(1) First Supplemental Disclosure Statement (Culbertson, Kristin) (Entered: 04/10/2006)

Notice re Notice of Service by Walgreen Company Defendant's Rule 26(e) Second Supplemental Disclosure Statement (Culbertson, Kristin) (Entered: 04/11/2006)

Notice re Notice of Service by Walgreen Company Defendant's Rule 26(e) Second Supplemental Disclosure Statement (Culbertson, Kristin) (Entered: 04/11/2006)

Notice re Notice of Service by Walgreen Company Defendant's Responses to PLaintiff EEOC's First Request for Production of Documents (Culbertson, Kristin) (Entered: 04/11/2006)

Notice re Service of Defendant's Responses to Plaintiff EEOC's First Set of Interrogatories by Walgreen Company (Culbertson, Kristin) (Entered: 04/11/2006)

Notice re Service of Intervenor's Supplemental Responses to Defendant's First Set of Interrogatories by Laura M Napoli (Marshall, Mishka) (Entered: 07/12/2006)

Notice re Service of Defendant's Third Supplemental Disclosure Statement by Walgreen Company (Culbertson, Kristin) (Entered: 08/11/2006)

Notice re Service of Defendant's First Supplemental Responses to Plaintiff EEOC's First Request for Production of Documents by Walgreen Company (Culbertson, Kristin) (Entered: 08/11/2006)

NOTICE of Deposition of Bill Folker, filed by Walgreen Company. (Culbertson, Kristin) (Entered: 08/15/2006)

NOTICE of Deposition of Dave Pawlowski, filed by Walgreen Company. (Culbertson, Kristin) (Entered: 08/15/2006)

NOTICE of Deposition of James Ashley, filed by Walgreen Company. (Culbertson, Kristin) (Entered: 08/15/2006)

NOTICE of Deposition of Laura M. Napoli, filed by Walgreen Company. (Culbertson, Kristin) (Entered: 08/15/2006)

NOTICE of Deposition of Linda Scrum, filed by Walgreen Company. (Culbertson, Kristin) (Entered: 08/15/2006)

NOTICE of Appearance by Ann Louise Fuller on behalf of Equal Employment Opportunity Commission (Fuller, Ann) (Entered: 08/17/2006)

NOTICE of Deposition of Rose Ann Wood, filed by Walgreen Company. (Culbertson, Kristin) (Entered: 08/17/2006)

First MOTION for Extension of Time of Discovery Period by Equal Employment Opportunity Commission. (Attachments: # 1)(Fuller, Ann) (Entered: 08/17/2006)

RESPONSE to Motion re 40 First MOTION for Extension of Time of Discovery Period filed by Walgreen Company. (Culbertson, Kristin) (Entered: 08/18/2006)

ORDER denying 40 Motion for Extension of Discovery Periods and Trial Date. FURTHER ORDERED DENYING that request for expedited consideration on grounds of mootness.Signed by Judge Frederick J Martone on 8/21/06. (LCF) (Entered: 08/22/2006)

Notice re Service of Defendant's Fourth Supplemental Disclosure Statement by Walgreen Company (Culbertson, Kristin) (Entered: 08/22/2006)

Notice re Service of Defendant's Responses to Intervenor/Plaintiff Laura M. Napoli's First Request for Production of Documents by Walgreen Company (Culbertson, Kristin) (Entered: 08/22/2006)

Notice re Service of Defendant's Responses to Intervenor Laura M. Napoli's First Set of Interrogatories by Walgreen Company (Culbertson, Kristin) (Entered: 08/22/2006)

NOTICE of Deposition of Juan Alfaro, filed by Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 08/31/2006)

NOTICE of Deposition of Jeff Dingwell, filed by Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 08/31/2006)

NOTICE of Deposition of Deborah Swofford, filed by Equal Employment Opportunity Commission. (Fuller, Ann) (Entered: 08/31/2006)

NOTICE of Deposition of Pam Williamson, filed by Walgreen Company. (Culbertson, Kristin) (Entered: 09/01/2006)

NOTICE of Deposition of Will Duncan, filed by Laura M Napoli. (Marshall, Mishka) (Entered: 09/05/2006)

NOTICE of Deposition of Equal Employment Opportunity Commission, filed by Walgreen Company. (Culbertson, Kristin) (Entered: 09/08/2006)

MOTION to Compel Intervenor Laura Napoli's Responses to Request for Production and Motion for Attorney's Fees by Walgreen Company. (Attachments: # 1 Text of Proposed Order # 2 Exhibit 1-3# 3 Exhibit 4-7)(Culbertson, Kristin) (Entered: 09/08/2006)

1 Text of Proposed Order

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2 Exhibit 1-3

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3 Exhibit 4-7

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MOTION to Withdraw Docket #52; Motion to Compel Intervenor Laura Napoli's Responses to Request for Production; and Motion for Attorney's Fees by Walgreen Company. (Attachments: # 1 Exhibit 1-3# 2 Exhibit 4-7# 3 Text of Proposed Order)(Culbertson, Kristin) (Entered: 09/11/2006)

1 Exhibit 1-3

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2 Exhibit 4-7

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3 Text of Proposed Order

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Notice re Service of Defendant's Fifth Supplemental Disclosure Statement by Walgreen Company (Culbertson, Kristin) (Entered: 09/11/2006)

Notice re Service of Defendant's Sixth Supplemental Disclosure Statement by Walgreen Company (Culbertson, Kristin) (Entered: 09/13/2006)

NOTICE of Attorney Substitution by Loretta Frances Medina (Medina, Loretta) (Entered: 09/14/2006)

Notice re Service of Defendant's Seventh Supplemental Disclosure Statement by Walgreen Company (Culbertson, Kristin) (Entered: 09/15/2006)

NOTICE of Deposition of Laura M. Napoli (Continued), filed by Walgreen Company. (Culbertson, Kristin) (Entered: 09/19/2006)

NOTICE of Deposition of Defendant Walgreen Co. [30(b)(6)], filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/19/2006)

NOTICE of Deposition of Barbara Liska, filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/19/2006)

Notice re Service of Defendant's Eighth Supplemental Disclosure Statement by Walgreen Company (Culbertson, Kristin) (Entered: 09/20/2006)

NOTICE of Deposition of Kathleen Cawley, filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/20/2006)

NOTICE of Deposition of Barbara Liska (Amended), filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/21/2006)

NOTICE of Deposition of Greg Miller, filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/21/2006)

NOTICE of Deposition of Joe Viano, filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/21/2006)

NOTICE of Deposition of (Continuation) of Rule 20(b)(6) of Plaintiff Equal Employment Opportunity Commission Regarding Category 5, filed by Walgreen Company. (Culbertson, Kristin) (Entered: 09/25/2006)

RESPONSE in Opposition re 53 MOTION to Withdraw Docket #52; Motion to Compel Intervenor Laura Napoli's Responses to Request for Production; and Motion for Attorney's Fees filed by Laura M Napoli. (Marshall, Mishka) (Entered: 09/25/2006)

Notice re Service of Defendant's Ninth Supplemental Disclosure Statement by Walgreen Company (Culbertson, Kristin) (Entered: 09/26/2006)

Notice re Service of First Supplemental Disclosure by Equal Employment Opportunity Commission (Shanley, Sally) (Entered: 09/26/2006)

REPLY to Response to Motion re 53 MOTION to Withdraw Docket #52; Motion to Compel Intervenor Laura Napoli's Responses to Request for Production; and Motion for Attorney's Fees filed by Walgreen Company. (Attachments: # 1 Exhibit A)(Culbertson, Kristin) (Entered: 09/28/2006)

1 Exhibit A

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Notice re Service of Defendant's Responses to Intervenor/Plaintiff Laura M. Napoli's Second Request for Production of Documents by Walgreen Company (Culbertson, Kristin) (Entered: 09/28/2006)

STIPULATION /Joint Motion to Extend Page Limitation for Dispositive Motion, Response and Reply; and Request for Expedited Consideration by Walgreen Company. (Attachments: # 1 Text of Proposed Order Granting Joint Motion# 2 Text of Proposed Order Denying Motion to Extend Page Limitation and Granting Motion to File Two Dispositive Motions)(Culbertson, Kristin) (Entered: 09/28/2006)

1 Text of Proposed Order Granting Joint Motion

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2 Text of Proposed Order Denying Motion to Extend Page Limitation and Granting Mot

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Notice re Service of Defendant's Tenth Supplemental Disclosure Statement by Walgreen Company (Culbertson, Kristin) (Entered: 09/29/2006)

Notice re Service of Defendant's First Supplemental Responses to Intervenor/Plaintiff Laura M. Napoli's Second Request for Production of Documents by Walgreen Company (Culbertson, Kristin) (Entered: 09/29/2006)

Joint MOTION for Sanctions against Defendant by Equal Employment Opportunity Commission, Laura M Napoli. (Shanley, Sally) (Entered: 09/29/2006)

ORDER withdrawing docket 52 Defendant's Motion to Compel. Granting 53 Defendant's Motion to Withdraw. Walgreen's request for fees under Rule 37, Fed.R.Civ.P., in the amount of $300.00 against intervenor-plaintiff Napoli . Signed by Judge Frederick J Martone on 10/2/06. (LCF) (Entered: 10/03/2006)

ORDER re 72 DENIED STIPULATION/Joint Motion to Extend Page Limitation for Dispositive Motion, Response and Reply; and Request for Expedited Consideration. The alternative motion of the defendant to permit the filing of two dispositive motions is DENIED (doc. 72). The parties' request for an expedited ruling is GRANTED (doc. 72). Signed by Judge Frederick J Martone on 10/4/06. (LCF) (Entered: 10/04/2006)

RESPONSE in Opposition re 75 Joint MOTION for Sanctions against Defendant filed by Walgreen Company. (Ogden, John) (Entered: 10/05/2006)

Notice re Errata by Walgreen Company re 78 Response in Opposition to Motion (Culbertson, Kristin) (Entered: 10/06/2006)

REPLY in Support re 75 Joint MOTION for Sanctions against Defendant filed by Equal Employment Opportunity Commission, Laura M Napoli. (Shanley, Sally) (Entered: 10/11/2006)

ORDER denying 75 Motion for Sanctions. IT IS FURTHER ORDERED granting plaintiff's request to depose Watkins on or before 10/30/06. Signed by Judge Frederick J Martone on 10/13/06. (DNH) (Entered: 10/16/2006)

Witness List by Equal Employment Opportunity Commission, Laura M Napoli. (Shanley, Sally) (Entered: 10/16/2006)

Witness List by Walgreen Company. (Culbertson, Kristin) (Entered: 10/16/2006)

NOTICE of Deposition of Terry Watkins, filed by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 10/23/2006)

OBJECTION to Defendant's 26(a)(3) Disclosures by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiff Laura M Napoli. (Shanley, Sally) (Entered: 10/30/2006)

OBJECTION re 82 Witness List by Defendant Walgreen Company. (Culbertson, Kristin) (Entered: 10/30/2006)

MOTION for Summary Judgment by Walgreen Company. (Culbertson, Kristin) (Entered: 10/31/2006)

STATEMENT of of Facts in Support of Motion for Summary Judgment re 87 MOTION for Summary Judgment by Defendant Walgreen Company. (Attachments: # 1 Exhibit Index# 2 Exhibit 1 - Part 1 of 3# 3 Exhibit 1 - Part 2 of 3# 4 Exhibit 1 - Part 3 of 3# 5 Exhibit 2 - Part 1 of 3# 6 Exhibit 2 - Part 2 of 3# 7 Exhibit Exhibit 2 - Part 3 of 3# 8 Exhibit 3 - Part 1 of 3# 9 Exhibit 3 - Part 2 of 3# 10 Exhibit 3 - Part 3 of 3)(Culbertson, Kristin) (Entered: 10/31/2006)

1 Exhibit Index

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2 Exhibit 1 - Part 1 of 3

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3 Exhibit 1 - Part 2 of 3

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4 Exhibit 1 - Part 3 of 3

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5 Exhibit 2 - Part 1 of 3

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6 Exhibit 2 - Part 2 of 3

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7 Exhibit Exhibit 2 - Part 3 of 3

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8 Exhibit 3 - Part 1 of 3

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9 Exhibit 3 - Part 2 of 3

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10 Exhibit 3 - Part 3 of 3

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Additional Attachments to Main Document re 88 Statement, of Facts by Defendant Walgreen Company. (Attachments: # 1 Exhibit Index# 2 Exhibit 4# 3 Exhibit 5 - Part 1 of 3# 4 Exhibit 5 - Part 2 of 3# 5 Exhibit 5 - Part 3 of 3# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8-15# 9 Exhibit 16-18# 10 Exhibit 19-22)(Culbertson, Kristin) (Entered: 10/31/2006)

1 Exhibit Index

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2 Exhibit 4

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3 Exhibit 5 - Part 1 of 3

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4 Exhibit 5 - Part 2 of 3

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5 Exhibit 5 - Part 3 of 3

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8-15

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9 Exhibit 16-18

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10 Exhibit 19-22

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Additional Attachments to Main Document re 88 Statement, of Facts by Defendant Walgreen Company. (Attachments: # 1 Exhibit Index# 2 Exhibit 23# 3 Exhibit 24# 4 Exhibit 25-28# 5 Exhibit 29-32)(Culbertson, Kristin) (Entered: 10/31/2006)

1 Exhibit Index

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2 Exhibit 23

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3 Exhibit 24

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4 Exhibit 25-28

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5 Exhibit 29-32

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RESPONSE in Opposition re 87 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission, Laura M Napoli. (Shanley, Sally) (Entered: 12/04/2006)

STATEMENT of PLAINTIFFS' STATEMENT OF FACTS re 91 Response in Opposition to Motion by Plaintiff Equal Employment Opportunity Commission, Intervenor Plaintiff Laura M Napoli. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit 1 to Exhibit B# 4 Exhibit 1 to Exhibit B (Cont'd)# 5 Exhibit 1 to Exhibit B (Cont'd)# 6 Exhibit 1 to Exhibit B (Cont'd)# 7 Exhibit 1 to Exhibit B (Cont'd)# 8 Exhibit 1 to Exhibit B (Cont'd)# 9 Exhibit 2 to Exhibit B# 10 Exhibit 2 to Exhibit B (Cont'd)# 11 Exhibit 2 to Exhibit B (Cont'd)# 12 Exhibit 3 to Exhibit B# 13 Exhibit 4 to Exhibit B# 14 Exhibit C - N# 15 Exhibit O - P# 16 Exhibit Q-R# 17 Exhibit S# 18 Errata S (cont'd)# 19 Exhibit T - V# 20 Errata W-X# 21 Exhibit Y - BB# 22 Exhibit CC# 23 Exhibit DD - FF)(Shanley, Sally) (Entered: 12/04/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit 1 to Exhibit B

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4 Exhibit 1 to Exhibit B (Cont'd)

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5 Exhibit 1 to Exhibit B (Cont'd)

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6 Exhibit 1 to Exhibit B (Cont'd)

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7 Exhibit 1 to Exhibit B (Cont'd)

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8 Exhibit 1 to Exhibit B (Cont'd)

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9 Exhibit 2 to Exhibit B

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10 Exhibit 2 to Exhibit B (Cont'd)

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11 Exhibit 2 to Exhibit B (Cont'd)

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12 Exhibit 3 to Exhibit B

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13 Exhibit 4 to Exhibit B

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14 Exhibit C - N

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15 Exhibit O - P

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16 Exhibit Q-R

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17 Exhibit S

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18 Errata S (cont'd)

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19 Exhibit T - V

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20 Errata W-X

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21 Exhibit Y - BB

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22 Exhibit CC

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23 Exhibit DD - FF

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Joint MOTION to Dismiss Counts/Claims : Unjust Enrichment by Laura M Napoli. (Marshall, Mishka) (Entered: 12/11/2006)

ORDER granting 93 Motion to Dismiss. ORDER dismissing with prejudice Intervenor's unjust enrichment claim only with prejudice, each party to bear its own attorneys' fees and costs. Signed by Judge Frederick J Martone on 12/13/06.(TLJ) (Entered: 12/14/2006)

REPLY in Support re 87 MOTION for Summary Judgment filed by Walgreen Company. (Culbertson, Kristin) (Entered: 12/22/2006)

Minute Order. Due to a conflict on the Court's calendar, IT IS ORDERED resetting the Pretrial Conference in this matter for 4/6/2007 at 3:15 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Frederick J Martone. The Proposed Pretrial Order is due by 3/30/2007.(This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (KAR) (Entered: 02/26/2007)

ORDER granting 87 Defendant's Motion for Summary Judgment. Finally, because we grant defendant's motion for summary judgment as to each claim, we necessarily conclude that defendant is also entitled to summary judgment on the punitive damages claims asserted in both complaints. Signed by Judge Frederick J Martone on 3/26/07.(LCF) (Entered: 03/26/2007)

CLERK'S JUDGMENT in favor of Walgreen Company against Equal Employment Opportunity Commission, Laura M Napoli. IT IS ORDERED AND ADJUDGED the Court having granted Defendant's Motion for Summary Judgment, this case is dismissed. (LCF) (Entered: 03/26/2007)

BILL OF COSTS by Walgreen Company. (Attachments: # 1 Exhibit Supporting Documentation)(Culbertson, Kristin) (Entered: 04/05/2007)

1 Exhibit Supporting Documentation

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First MOTION to Withdraw as Attorney For Intervenor With Consent by Laura M Napoli. (Attachments: # 1 Text of Proposed Order granting motion to withdraw as counsel for intervenor)(Marshall, Mishka) (Entered: 04/10/2007)

1 Text of Proposed Order granting motion to withdraw as counsel for intervenor

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