Case: EEOC v. REGENCY HEALTH ASSOCIATES

EEOC v. Regency Health Associates

EEOC v. Regency Health Associates

EEOC v. Regency Health Associates

EEOC v. Regency Health Associates

EEOC v. Regency Health Associates

EEOC v. Regency Health Associates

U.S. Court of Appeals for the Eleventh Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT with Jury Demand filed. Consent form to proceed before U.S. Magistrate and pretrial instructions given to attorney, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(fkt) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 09/29/2005)

1 Civil Cover Sheet

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NOTICE of Appearance by Lakisha C. Duckett on behalf of Equal Employment Opportunity Commission (Duckett, Lakisha) (Entered: 10/19/2005)

Summons Issued as to Regency Health Associates. (dcs) (Entered: 12/15/2005)

ACKNOWLEDGEMENT OF SERVICE Executed as to Regency Health Associates. (Heard, Bradley) (Entered: 01/18/2006)

ANSWER to Complaint by Regency Health Associates. Discovery ends on 7/7/2006.(Heard, Bradley) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 02/07/2006)

Joint PRELIMINARY REPORT AND DISCOVERY SCHEDULE filed by Regency Health Associates. (Heard, Bradley) Modified on 3/16/2006 to add filer. (epm). (Entered: 03/13/2006)

Initial Disclosures by Regency Health Associates.(Heard, Bradley) (Entered: 03/13/2006)

Initial Disclosures by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 03/14/2006)

CERTIFICATE OF SERVICE Plaintiff's Initial Disclosures and Log of Withheld Documents by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 03/14/2006)

SCHEDULING ORDER Approving re 6 Joint Preliminary Report and Discovery Schedule. Signed by Judge C. Christopher Hagy on 3/15/06. (epm) (Entered: 03/16/2006)

CERTIFICATE OF SERVICE Plaintiff EEOC's First Interrogatories and Request for Production of Documents by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 03/23/2006)

CERTIFICATE OF SERVICE of Discovery Responses by Regency Health Associates.(Heard, Bradley) (Entered: 05/11/2006)

Consent MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Duckett, Lakisha) (Entered: 07/05/2006)

ORDER Granting 13 Motion for Extension of Time to Complete Discovery. Discovery ends on 9/6/2006. Signed by Judge C. Christopher Hagy on 7/06/2006. (cdg) (Entered: 07/06/2006)

CERTIFICATE OF SERVICE of Responses to Plaintiff's Second Request for Production of Documents by Regency Health Associates.(Heard, Bradley) (Entered: 07/12/2006)

Notification of Docket Correction re 16 MOTION to Compel Discovery Responses and Request For Sanctions. This was a 2-part Motion docketed as 1 Motion; Redocketed as 17 Motion to Compel and Motion for Sanctions (epm) (Entered: 08/17/2006)

--ERROR - DUPLICATE ENTRY--Notification of Docket Correction re 16 MOTION to Compel Discovery Responses and Request For Sanctions. This document was filed as 1 Motion, but it is a 2-part Motion. Document redocketed as 17 Motion to Compel and Motion for Sanctions. (epm) (Entered: 08/23/2006)

--DOCUMENT FILED IN ERROR-- MOTION to Compel Discovery Responses and Request For Sanctions with Brief In Support by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7 Part1# 8 Exhibit 7 Part 2# 9 Exhibit 7 Part 3# 10 Exhibit 7 Part 4# 11 Exhibit 7 Part 5# 12 Exhibit 7 Part6# 13 Exhibit 7 Part 7# 14 Exhibit 7 Part 8# 15 Exhibit 7 Part 9# 16 Exhibit 8# 17 Exhibit 9# 18 Exhibit 10# 19 Exhibit 11)(Duckett, Lakisha) Modified on 8/17/2006 (epm). (Entered: 08/01/2006)

--REDOCKETED PLDG 16 AS-- MOTION to Compel Discovery Responses and MOTION for Sanctions with Brief In Support filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7 Part 1# 8 Exhibit 7 Part 2# 9 Exhibit 7 Part 3# 10 Exhibit 7 Part 4# 11 Exhibit 7 Part 5# 12 Exhibit 7 Part 6# 13 Exhibit 7 Part 7# 14Exhibit 7 Part 8# 15 Exhibit 7 Part 9# 16Exhibit 8# 17 Exhibit 9# 18 Exhibit 10# 19 Exhibit 11)(epm) (Entered: 08/17/2006)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Part 6

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7 Part 7

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8 Part 8

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9 Part 9

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10 Part 10

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11 Part 11

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12 Part 12

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13 Part 13

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14 Part 14

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15 Part 15

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16 Part 16

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17 Part 17

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18 Part 18

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19 Part 19

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MOTION to Dismiss for Lack of Subject Matter Jurisdiction with Brief In Support by Regency Health Associates. (Heard, Bradley) (Entered: 08/18/2006)

RESPONSE in Opposition re 17 MOTION to Compel Discovery Responses MOTION for Sanctions MOTION to Compel Discovery Responses MOTION for Sanctions MOTION to Compel Discovery Responses MOTION for Sanctions filed by Regency Health Associates. (Heard, Bradley) (Entered: 08/18/2006)

RESPONSE in Opposition re 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction with Brief in Support Thereof filed by Equal Employment Opportunity Commission. (Duckett, Lakisha) (Entered: 08/21/2006)

MOTION for Summary Judgment with Brief In Support by Regency Health Associates. (Heard, Bradley) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 08/23/2006)

Withdrawal of Motion 18 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by Regency Health Associates, filed by Regency Health Associates. (Heard, Bradley) (Entered: 08/23/2006)

MOTION to Stay Proceedings by Equal Employment Opportunity Commission. (Duckett, Lakisha) (Entered: 08/24/2006)

ORDER GRANTING 23 Motion to Stay Proceedings. The Plaintiff's deadline for responding to Defendant's Motion for Summary Judgment 21 is extended until 20 days after this Court issues its ruling on Plaintff's Motion to Compel 17 .Signed by Judge C. Christopher Hagy on 8/25/06. (epm) (Entered: 08/28/2006)

Defendant's Substituted Response Brief in Opposition re 17 MOTION to Compel Discovery Responses and MOTION for Sanctions filed by Regency Health Associates. (Heard, Bradley) Modified on 8/29/2006 to correct docket text to accurately reflect e-filed pleading (epm). (Entered: 08/29/2006)

REPLY to Response to Motion re 17 MOTION to Compel Discovery Responses, MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Duckett, Lakisha) Modified on 9/5/2006 to remove double wording (adg). (Entered: 09/01/2006)

Submission of 17 MOTION to Compel Discovery Responses, MOTION for Sanctions, submitted to Magistrate Judge C. Christopher Hagy. (adg) (Entered: 09/05/2006)

ORDER GRANTING 17 Motion to Compel. Accordingly, Defendant is instructed to respond to Plaintiff's continuing request, as narrowed by this order, within 15 days from the date of this Order. Plaintiff's 17 Motion for Sanctions is DENIED. In addition, the Court extends the discovery period in this action through 10/31/06. Finally, Plaintiff shall have until 11/21/06 to respond to Defendant's 21 Motion for Summary Judgment. Signed by Judge C. Christopher Hagy on 9/6/06. (kt) (Entered: 09/06/2006)

CERTIFICATE OF SERVICE Notice of Deposition of Diane Alexander and Subpoena Duces Tecum by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 10/13/2006)

CERTIFICATE OF SERVICE Notice of Deposition of Elmore Alexander by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 10/13/2006)

Joint MOTION to Expedite Consideration of Motion for Entry of Stipulated Case Management Order, Joint MOTION for Order Stipulated Case Management Order with Brief In Support by Equal Employment Opportunity Commission, Regency Health Associates. (Attachments: # 1 Text of Proposed Order Stipulated Case Management Order)(Heard, Bradley) (Entered: 10/26/2006)

1 Text of Proposed Order Stipulated Case Management Order

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CERTIFICATE OF SERVICE Amended Notices of Deposition of Diane Alexander and Elmore Alexander by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 10/27/2006)

MOTION for Protective Order Governing Depositions, MOTION to Quash Deposition Notices & Subpoena Duces Tecum with Brief In Support by Regency Health Associates. (Attachments: # 1 Text of Proposed Order Quashing Deposition Notices and Entering Protective Order)(Heard, Bradley) (Entered: 10/29/2006)

1 Text of Proposed Order Quashing Deposition Notices and Entering Protective Order

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Notification of Docket Correction re 33 Withdrawal of Motion. This document was filed with missing pages; redocketed as Pldg 36 with all pages attached. (epm) (Entered: 11/02/2006)

Notification of Docket Correction re 34 Consent to Jurisdiction by US Magistrate Judge. This document was filed with missing pages; redocketed as Pldg 35 with all pages attached. (epm) (Entered: 11/02/2006)

-DOCUMENT FILED IN ERROR Withdrawal of Motion 21 MOTION for Summary Judgment filed by Regency Health Associates, filed by Regency Health Associates. (Heard, Bradley) Modified on 11/2/2006 (epm). (Entered: 10/30/2006)

-DOCUMENT FILED IN ERROR CONSENT to Jurisdiction by US Magistrate Judge by Equal Employment Opportunity Commission, Regency Health Associates.. (Heard, Bradley) Modified on 11/2/2006 (epm). (Entered: 10/30/2006)

CONSENT to Jurisdiction by US Magistrate Judge by Equal Employment Opportunity Commission, Regency Health Associates.. (Heard, Bradley) (Entered: 10/30/2006)

Withdrawal of Motion 21 MOTION for Summary Judgment filed by Regency Health Associates, filed by Regency Health Associates. (Heard, Bradley) (Entered: 10/30/2006)

ORDER GRANTING 30 Motion to Expedite, 30 Motion for Order. The present phase of discovery is hereby extended through 11/28/06. Any dispositive motion addressing Defendant's status as a statutory employer shall be filed by 12/21/06; any response by 1/16/07, and any reply by 2/2/07. Following resolution of that issue, the parties may propose additional discovery and time for dispositive motions if there are any remaining issues in the case. Signed by Judge C. Christopher Hagy on 11/01/06. (kt) (Entered: 11/01/2006)

Order GRANTING 35 Consent to Jurisdiction by US Magistrate Judge. Case reassigned to Judge C. Christopher Hagy for all further proceedings. Signed by Judge Charles A. Pannell Jr. on 11/3/06. (epm) (Entered: 11/03/2006)

NOTICE TO ALL COUNSEL OF RECORD re 38 Order on Consent to Jurisdiction by US Magistrate Judge (epm) (Entered: 11/03/2006)

RESPONSE in Opposition re 32 MOTION for Protective Order Governing Depositions MOTION to Quash Deposition Notices & Subpoena Duces Tecum filed by Equal Employment Opportunity Commission. (Duckett, Lakisha) (Entered: 11/03/2006)

Submission of 32 MOTION for Protective Order Governing Depositions MOTION to Quash Deposition Notices & Subpoena Duces Tecum, submitted to Magistrate Judge C. Christopher Hagy. (adg) (Entered: 11/06/2006)

ORDER GRANTING IN PART and DENYING IN PART 32 Motion to Quash and Motion for Protective Order . Signed by Judge C. Christopher Hagy on 11/7/2006. (adg) (Entered: 11/07/2006)

Notice for Leave of Absence for the following date(s): 11/20/06 -11/24/06, by Lakisha C. Duckett. (Duckett, Lakisha) (Entered: 11/16/2006)

CERTIFICATE OF SERVICE Amended Notices of Deposition of Diane Alexander and Dr. Elmore Alexander by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 11/27/2006)

Joint MOTION to Amend Scheduling Order with Brief In Support by Equal Employment Opportunity Commission, Regency Health Associates. (Duckett, Lakisha) Modified on 1/18/2007 to add filer (rth). (Entered: 01/10/2007)

NOTICE of Change of Address for Bradley Erik Heard, counsel for Regency Health Associates (Heard, Bradley) (Entered: 01/14/2007)

Discovery ends on 3/16/2007. (rth) (Entered: 01/17/2007)

ORDER granting 44 Motion to Amend Scheduling Order. Discovery ends 3/16/07. Signed by Judge C. Christopher Hagy on 1/16/07. (rth) (Entered: 01/17/2007)

NOTICE of Undeliverable Electronic Mail re: Set Discovery Deadline(s), 46 Order on Motion to Amend. Mail returned for S. Robert Royal due to no longer employed with the agency. (aar) (Entered: 01/17/2007)

NOTICE by Equal Employment Opportunity Commission Of Withdrawal Of Counsel For Plaintiff Equal Employment Opportunity Commission (Royal, S.) (Entered: 01/18/2007)

NOTICE by Regency Health Associates of Withdrawal of Bradley E. Heard as Counsel for Defendant (Heard, Bradley) (Entered: 01/18/2007)

CERTIFICATE OF SERVICE Notice of Deposition of Diane Alexander by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 02/05/2007)

NOTICE of Appearance by Makila A. Sands on behalf of Regency Health Associates (Sands, Makila) (Entered: 02/09/2007)

CERTIFICATE OF SERVICE Plaintiff EEOC's Responses to Defendant's First Interrogatories and Request for Production of Documents by Equal Employment Opportunity Commission.(Duckett, Lakisha) (Entered: 02/27/2007)

NOTICE by Regency Health Associates Notice of Withdrawal (Sands, Makila) (Entered: 03/28/2007)

Joint MOTION for Extension of Time to File Consolidated Pre-Trial Order by Equal Employment Opportunity Commission, Regency Health Associates. (Attachments: # 1 Text of Proposed Order)(Duckett, Lakisha) Modified on 4/13/2007 to add filer (rth). (Entered: 04/13/2007)

1 Text of Proposed Order

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ORDER granting 53 Motion for Extension of Time through 4/30/07 in which to file a proposed consolidated pre-trial order. Signed by Judge C. Christopher Hagy on 4/16/07. (rth) (Entered: 04/16/2007)

Proposed Pretrial Order by Equal Employment Opportunity Commission, Regency Health Associates. (Duckett, Lakisha) Modified on 5/1/2007 to add filer (rth). (Entered: 04/30/2007)

ORDER setting Pretrial Conference for 5/17/2007 10:00 AM in Courtroom 1879 before Judge C. Christopher Hagy. Signed by Judge C. Christopher Hagy on 5/2/07. (fmm) (Entered: 05/10/2007)

ORDER setting Jury Trial for 7/30/2007 10:00 AM in Courtroom 1810 before Judge C. Christopher Hagy. All motions in limine must be filed by 7/10/07 and responses filed by 7/17/07. A Pretrial Conference is set for 7/19/2007 10:00 AM in Courtroom 1879 before Judge C. Christopher Hagy. Signed by Judge C. Christopher Hagy on 5/17/07. (rth) (Entered: 05/18/2007)

Minute Entry for proceedings held before Judge C. Christopher Hagy: Pretrial Conference held on 5/17/2007. Case set for trial beginning 7/30/07. (Tape #CCH 07-10@2782.)(rth) (Entered: 05/21/2007)

ORDER rescheduling Pretrial Conference for 7/26/2007 10:00 AM before Judge C. Christopher Hagy. Signed by Judge C. Christopher Hagy on 6/13/07. (rth) (Entered: 06/14/2007)

MOTION in Limine to Exclude Testimony of Catherine Puckett, Joy Treadwell, and Kecha Fye with Brief In Support by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Duckett, Lakisha) (Entered: 07/10/2007)

1 Text of Proposed Order

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MOTION in Limine Irrelevant Evidence with Brief In Support by Regency Health Associates. (Thompson, Kenneth) (Entered: 07/10/2007)

RESPONSE in Opposition re 61 MOTION in Limine Irrelevant Evidence filed by Equal Employment Opportunity Commission. (Duckett, Lakisha) (Entered: 07/17/2007)

Minute Entry for proceedings held before Judge C. Christopher Hagy : Pretrial Conference held on 7/26/2007. For specific rulings, see the Court's Order filed in conjunction with this minute sheet. (Tape #CCH 07-17 @ 413.)(hfm) (Entered: 07/27/2007)

APPLICATION for Admission of Tina M. Burnside Pro Hac Vice by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(hfm) (Entered: 07/31/2007)

1 Text of Proposed Order

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ORDER granting in part and denying in part 60 Motion in Limine; denying as moot 61 Motion in Limine. As set forth in their Proposed Pretrial Order 57, the parties will submit their requested jury charges by 9:30am on Monday, July 30, 3007. Signed by Judge C. Christopher Hagy on 7/26/07. (hfm) (Entered: 07/27/2007)

Submission of 60 MOTION in Limine to Exclude Testimony of Catherine Puckett, Joy Treadwell, and Kecha Fye and 61 MOTION in Limine Irrelevant Evidence, submitted to Magistrate Judge C. Christopher Hagy. (hfm) (Entered: 07/27/2007)

Minute Entry for proceedings held before Judge C. Christopher Hagy: Jury Trial held on 7/30/2007. Defendant's Oral MOTION to Dismiss - DENIED. Evidence entered. Proceedings continued. (Court Reporter Donna Keeble.)(hfm) (Entered: 07/31/2007)

Minute Entry for proceedings held before Judge C. Christopher Hagy: Jury Trial continued on 7/31/2007. Defendant's Oral MOTION for Directed Verdict - DENIED. Proceedings continued. (Court Reporter Donna Keeble.)(hfm) (Entered: 07/31/2007)

Civil Case Terminated. (hfm) (Entered: 08/02/2007)

Minute Entry for proceedings held before Judge C. Christopher Hagy: Jury Trial concluded on 8/1/2007. Verdict - for Defendant. Exhibits retained by the Court to be forwarded to the Clerks Office. (Court Reporter Donna Keeble.)(hfm) (Entered: 08/01/2007)

Exhibit List and Witness list. (hfm) (Entered: 08/01/2007)

Jury Instructions. (hfm) (Entered: 08/02/2007)

JURY VERDICT for Defendant. (hfm) (Entered: 08/02/2007)

JUDGMENT entered for Defendant and against Plaintiff for costs to be assessed as provided by law. (hfm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 08/02/2007)

EXHIBITS received from Courtroom Deputy and placed in Exhibit room. (hfm) (Entered: 08/02/2007)

ORDER granting 67 APPLICATION for Admission of Tina M. Burnside Pro Hac Vice filed by Equal Employment Opportunity Commission. Signed by Judge Richard W. Story on 8/6/07. (hfm) (Entered: 08/06/2007)

BILL OF COSTS by Regency Health Associates. (Attachments: # 1 Affidavit of Kenneth Thompson, Jr.# 2 Affidavit of Kenneth Thompson, Jr. #(3) Exhibit A)(Thompson, Kenneth) Modified on 8/30/2007 (kt). (Entered: 08/29/2007)

1 Affidavit of Kenneth Thompson, Jr.

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2 Exhibit A

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Costs Taxed in amount of $ 1.427.55 against Plaintiff. (kt) (Entered: 09/13/2007)

NOTICE OF APPEAL as to 72 Clerk's Judgment by Equal Employment Opportunity Commission. Transcript Order Form due on 10/5/2007 (Duckett, Lakisha) (Entered: 09/21/2007)

Transmission of Certified Copy of Notice of Appeal, Judgment and Docket Sheet to US Court of Appeals re: 76 Notice of Appeal. (pjm) (Entered: 09/21/2007)

USCA Acknowledgment of 76 Notice of Appeal filed by Equal Employment Opportunity Commission. Case Appealed to USCA-11th Circuit. Case Number 07-14460-F. (pjm) (Entered: 09/28/2007)

TRANSCRIPT ORDER FORM for proceedings held on 7/30/07 (Jury Trial) before Judge Magistrate Judge C. Christopher Hagy re: 76 Notice of Appeal. Court Reporter: Donna C. Keeble. USCA Appeal Number 07-14460-F. Financial Arrangements due on 10/17/2007. (pjm) (Entered: 10/03/2007)

Financial Arrangements Completed re: 76 Notice of Appeal filed by Equal Employment Opportunity Commission. Case Appealed to USCA-11th Circuit. Case Number 07-14460-F. Transcript due by 11/9/2007. (pjm) (Entered: 10/10/2007)

TRANSCRIPT of Proceedings held on 7/30/07 (Jury Trial) before Judge Magistrate Judge Christopher C. Hagy. Court Reporter: Donna C. Keeble. (pjm) (Entered: 10/10/2007)

TRANSCRIPT of Proceedings held on 7/31/07 (Jury Trial) before Judge Magistrate Judge Christopher C. Hagy. Court Reporter: Donna C. Keeble. (pjm) (Entered: 10/10/2007)

TRANSCRIPT of Proceedings held on 8/1/07 (Jury Trial) before Judge Magistrate Judge Christopher C. Hagy. Court Reporter: Donna C. Keeble. Certificate of Readiness due on 10/24/2007. (pjm) (Entered: 10/10/2007)

Certified copy of USCA ORDER GRANTING Appellant's motion to dismiss this appeal with prejudice re: 76 Notice of Appeal filed by Equal Employment Opportunity Commission. Case Appealed to USCA-11th Circuit. Case Number 07-14460-F. (pjm) (Entered: 02/12/2008)

Letter to plaintiff's counsel to pick up exhibits (ank) (Entered: 11/21/2008)

Letter to defendant's counsel to pick up exhibits (ank) (Entered: 11/21/2008)

Remark re 85 Letter. Plaintiff's exhibits may be destroyed; exhibits destroyed on 12/18/2008. (ank) (Entered: 12/18/2008)