Case: EEOC v. BLUEGREEN CORPORATION

EEOC v. Bluegreen Corp

EEOC v. Bluegreen Corporation

EEOC v. Bluegreen Corporation

EEOC v. Bluegreen Corporation

EEOC v. Bluegreen Corporation

EEOC and Raines v. Bluegreen Corporation

EEOC v. Bluegreen Corporation

Carly Knight, Frank Dobbin, Alexandra Kalev

DEMAND for jury trial by plaintiff EEOC (djd) (Entered: 08/19/2002)

SUMMONS(ES) issued for defendant Bluegreen Corp (issued 1) (djd) (Entered: 08/19/2002)

CERTIFICATE OF INTERESTED PERSONS by plaintiff EEOC (2) (djd) (Entered: 08/19/2002)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (djd) (Entered: 08/19/2002)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Jeff Kaplan (djd)

ANSWER to Complaint by defendant Bluegreen Corp (Attorney Walter J Kruger III) (7) (djd) (Entered: 10/03/2002)

MOTION by defendant Bluegreen Corp for Walter J. Kruger, III and Myra K. Creighton to appear pro hac vice (2) ***MOTION UNFILED Per Order Filed 10/4/02, Document #17**** (djd) Modified on 10/07/2002 (Entered: 10/03/2002)

MOTION by defendant Bluegreen Corp to dismiss or in the alternative to stay proceedings (3) (djd) (Entered: 10/03/2002)

MEMORANDUM OF LAW by defendant Bluegreen Corp in support of [6-1] motion to dismiss or in the alternative to stay proceedings (7) (djd) (Entered: 10/03/2002)

APPENDIX by defendant Bluegreen Corp in support of [6-1] motion to dismiss or in the alternative to stay proceedings (15+/not imaged) (djd) (Entered: 10/03/2002)

MOTION by defendant Bluegreen Corp to change venue to Fort Worth Division (3) (djd) (Entered: 10/03/2002)

MEMORANDUM OF LAW by defendant Bluegreen Corp in support of [9-1] motion to change venue to Fort Worth Division (16) (djd) (Entered: 10/03/2002)

CERTIFICATE OF CONFERENCE by defendant Bluegreen Corp Re: [6-1] motion to dismiss or in the alternative to stay proceedings (1) (djd) (Entered: 10/03/2002)

CERTIFICATE OF CONFERENCE by defendant Bluegreen Corp Re: [9-1] motion to change venue to Fort Worth Division (1) (djd) (Entered: 10/03/2002)

ORDER REQUIRING PROPOSAL for Contents of Scheduling Order. Proposed scheduling order due 11/4/02 ( signed by Judge Sidney A. Fitzwater) Copies to counsel: 10/4/02 Page(s): 4 (djd) (Entered: 10/04/2002)

ORDER re: certificate of interested persons. No later than 20 days after this order is filed, the defendant must comply with Rules 7.4 and 3.1(f) so that the court can ensure that recusal is not required in this case. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/4/02 Page(s) 2 (djd) (Entered: 10/04/2002)

APPLICATION ORDER for admission pro hac vice The Court, having considered the above Application for Admission Pro Hac Vice, orders that the application be granted. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of the Court. Added Walter J. Kruger, III for Defendant BlueGreen Corporation ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/7/02 Page(s) 4 (tee) (Entered: 10/07/2002)

APPLICATION ORDER FOR ADMISSION FOR HAC VICE... for Myra K Creighton to appear pro hac vice The Court, having considered the above Application for Admission Pro Hac Vice, orders that the application be granted. The Clerk of Court shall deposit the application fee to the account of the Non-Appropriated Fund of this Court. Adding Myra K. Creighton for Defendant BlueGreen Corporation ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/7/02 Page(s) 4 (tee) (Entered: 10/07/2002)

ORDER STRIKING/UNFILING PLEADING... unfiling [5-1] motion for Walter J. Kruger, III and Myra K. Creighton to appear pro hac vice by defendant Bluegreen Corp due to the following deficiency: Motion is not needed. See LR83.9(b). Copies to counsel: 10/7/02 (signed by Judge Sidney A Fitzwater ) Page(s) 1 (tee) Modified on 10/08/2002 (Entered: 10/07/2002)

CERTIFICATE OF INTERESTED PERSONS by defendant Bluegreen Corp (1) (djd) (Entered: 10/21/2002)

Brief in Support of its RESPONSE in opposition by plaintiff EEOC to defendant's [6-1] motion to dismiss or in the alternative to stay proceedings (9) (djd) (Entered: 10/22/2002)

APPENDIX by plaintiff EEOC in support of plaintiff's brief in support of its [19-1] response in opposition to defendant's motion to dismiss or in the alternative to stay proceedings (15+/not imaged) (djd) (Entered: 10/22/2002)

AGREED ORDER allowing withdrawal of Bluegreen's [9-1] motion to change venue to Fort Worth Division ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 10/25/02 Page(s) 2 (djd) (Entered: 10/25/2002)

AGREED MOTION by defendant Bluegreen Corp to substitute telephonic 26(f) conference for face-to-face conference (3) (aat) (Entered: 10/31/2002)

MOTION with memorandum in support by movant Jacque Raines, movant Jackie Sly for leave to intervene by movant Jacque Raines, movant Jackie Sly (15+) (jyg) (Entered: 10/31/2002)

ORDER granting [22-1] motion to substitute telephonic 26(f) conference for face-to-face conference. The Court sua sponte directs defendant to comply with the local counsel requirement of this Court's civil rules no later than 12/6/02. ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 11/1/02 Page(s) 2 (aat) (Entered: 11/01/2002)

Joint PROPOSAL FOR CONTENTS of scheduling and discovery order by plaintiff EEOC, defendant Bluegreen Corp (4) (djd) (Entered: 11/05/2002)

STATUS REPORT ORDER. Status report due on 11/1/03 ( Signed by Judge Sidney A. Fitzwater ) Copies to counsel: 11/5/02 Page(s): 3 (djd) (Entered: 11/05/2002)

REPLY by defendant Bluegreen Corp to response to [6-1] motion to dismiss or in the alternative to stay proceedings (6) (djd) (Entered: 11/07/2002)

OPPOSITION by defendant Bluegreen Corp to movant Jackie Sly's [23-1] motion for leave to intervene (20) (djd) (Entered: 11/08/2002)

ANSWER and Affirmative Defenses to Jacque Raines' and Jackie Sly's Complaint in Intervention by defendant Bluegreen Corp (Attorney Walter J. Kruger, III) (7) (djd) (Entered: 11/14/2002)

SPECIAL ORDER NO. 3-220. Effective 11/25/02, the cases listed on Exhibit A attached to this order are transferred from the docket of Honorable Sidney A. Fitzwater to the docket of Honorable Ed Kinkeade and shall henceforth carry the suffix letter "K". ( Signed by Chief Judge A. J. Fish ) Copies to counsel: 11/25/02 Page(s): 3 (aat) (Entered: 11/25/2002)

REPLY by movant Jackie Sly to response to [23-1] motion for leave to intervene by movant Jacque Raines, movant Jackie Sly (10) (aat) (Entered: 11/26/2002)

SUPPLEMENTAL OPPOSITION/SUR-REPLY by defendant Bluegreen Corp to reply to response to [23-1] motion for leave to intervene by movant Jacque Raines, movant Jackie Sly (12) (Exhibits not imaged) (aat) (Entered: 12/05/2002)

ENTRY OF APPEARANCE for defendant Bluegreen Corp by Vic H Henry (2) (aat) (Entered: 12/06/2002)

MOTION by defendant Bluegreen Corp for leave to file supplemental opposition to motion to intervene by Jackie Sly (15+) (Exhibits not imaged) (aat) (Entered: 12/13/2002)

MOTION with memorandum in support by movant Jackie Sly to strike Bluegreen's supplemental opposition to motion for leave to intervene (leave requested to file this pending), or alternatively, for leave to file a reply (15+) (Exhibits not imaged) (aat) (Entered: 12/16/2002)

NOTICE OF SUBSTITUTION OF COUNSEL by plaintiff EEOC, substituting Danita Roy Wiltz for Devika Seth Dubey (2) (aat) (Entered: 12/17/2002)

ORDER granting [36-1] notice of substitution of counsel. Danita Roy Wiltz is substituted as counsel for plaintiff. (Signed by Judge Ed Kinkeade) Copies to counsel: 12/18/02 Page(s) 1 (aat) (Entered: 12/18/2002)

RESPONSE by movant Jackie Sly to [34-1] motion for leave to file supplemental opposition to motion to intervene by Jackie Sly (4) (aat) (Entered: 12/19/2002)

OPPOSITION/RESPONSE by defendant Bluegreen Corp to [35-1] motion to strike Bluegreen's supplemental opposition to motion for leave to intervene (leave requested to file this pending), or alternatively, for leave to file a reply.(15)(attachment not imaged) (lmr) Modified on 12/26/2002 (Entered: 12/26/2002)

ORDER REGARDING TRANSITION. All existing scheduling orders, trial settings and referrals to magistrate judges are adopted and remain in full force and effect. Counsel are directed to confer and file a joint status report with the Court no later than 14 days after the date of this Order.(see order for specifics) ( Signed by Judge Ed Kinkeade ) Copies to counsel: 02/05/03 Page(s): 3 (lmr) (Entered: 02/05/2003)

JOINT STATUS REPORT by Bluegreen Corporation, Equal Employment Opportunity Commission, Jacque Raines, Jackie Sly. (aat, ) (Entered: 02/18/2003)

NOTICE withdrawing 23 Motion to Intervene by Jackie Sly and brief in support. (aat, ) (Entered: 02/28/2003)

DESIGNATION of expert witnesses by Equal Employment Opportunity Commission. (aat, ) (Entered: 05/29/2003)

Designation of Experts by Jacque Raines. (aat, ) (Entered: 05/30/2003)

Designation of Experts by Bluegreen Corporation. (exhibits not imaged)(djd) (Entered: 08/01/2003)

SUPPLEMENTAL AUTHORITY by Bluegreen Corporation as to 6 Motion to Dismiss or in the alternative to stay proceedings. (Exhibits not imaged) (aat, ) (Entered: 08/15/2003)

RESPONSE in Opposition re 46 supplemental authority in support of Bluegreen's motion to dismiss in the alternative to stay proceedings filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 08/22/2003)

ORDER denying 6 Bluegreen's Motion to Dismiss, granting 23 Raines' Motion to Intervene and denying as moot 34 Motion for Leave to File and 35 Motion to Strike. (Signed by Judge Ed Kinkeade on 8/24/03) (aat, ) (Entered: 08/26/2003)

Supplement to Designation of Expert Witnesses by Bluegreen Corporation. Re: 45 Designation of Experts.(attachments not imaged) (lmr, ) (Entered: 09/15/2003)

UNOPPOSED MOTION to extend deadlines for completion of certain depositions and for extension of summary judgment deadline by Jacque Raines with brief in support. (aat, ) (Entered: 09/30/2003)

FIRST AMENDED COMPLAINT against Bluegreen Corporation, filed by Equal Employment Opportunity Commission.(aat, ) (Entered: 09/30/2003)

ANSWER and affirmative defenses to amended complaint by Bluegreen Corporation. (Exhibits not imaged)(aat, ) (Entered: 10/09/2003)

AFFIDAVIT of service for subpoena served on Michael Brophy, Dr. on 10/15/03. (aat, ) (Entered: 10/22/2003)

JOINT STATUS REPORT regarding trial length and progress of settlement discussions by Bluegreen Corporation, Equal Employment Opportunity Commission. (aat, ) (Entered: 10/31/2003)

ORDER granting 50 unopposed motion to extend deadlines for completion of certain depositions and extension of summary judgment deadline. The discovery deadline for the completion of certain depositions is 1/30/04. The discovery deadline for filing motions for summary judgment is 2/27/04. (Signed by Judge Ed Kinkeade on 10/31/03) (aat, ) (Entered: 11/03/2003)

TRIAL SETTING ORDER: Docket call set for 6/7/2004 at 09:00 AM before Judge Ed Kinkeade. Proposed pretrial order due by 5/24/2004. Pretrial materials due by 5/24/2004. (Signed by Judge Ed Kinkeade on 11/10/03) (aat, ) (Entered: 11/12/2003)

JOINT DESIGNATION OF MEDIATOR by Bluegreen Corporation, Equal Employment Opportunity Commission (aat, ) (Entered: 11/21/2003)

OPPOSED MOTION for leave to telephonically depose Bluegreen representative by Equal Employment Opportunity Commission (aat, ) (Entered: 12/01/2003)

OPPOSED MOTION to compel discovery of defendant's investigative materials or alternatively, to preclude the withheld evidence and strike defendant's Faragher/Ellerth affirmative defense; and MOTION to compel investigator for deposition by Equal Employment Opportunity Commission (Exhibits not imaged) (aat, ) (Entered: 12/01/2003)

MOTION to compel by Bluegreen Corporation (aat, ) (Entered: 12/01/2003)

MEMORANDUM OF LAW in support re 60 motion to compel filed by Bluegreen Corporation. (Exhibits not imaged) (aat, ) (Entered: 12/01/2003)

MOTION to compel plaintiff by Bluegreen Corporation (aat, ) (Entered: 12/01/2003)

MEMORANDUM OF LAW in support re 62 motion to compel plaintiff filed by Bluegreen Corporation. (aat, ) (Entered: 12/01/2003)

APPENDIX in support re 63 memorandum of law in support of motion to compel plaintiff filed by Bluegreen Corporation. (Not imaged)(aat, ) (Entered: 12/01/2003)

RESPONSE in opposition re 59 motion to compel Dan Koscher Deposition filed by Bluegreen Corporation. (Exhiibits not imaged) (aat, ) (Entered: 12/11/2003)

RESPONSE in opposition re 59 motion to compel discovery of defendant's investigative materials, etc. filed by Bluegreen Corporation. (aat, ) (Entered: 12/11/2003)

APPENDIX in support re 66 response in opposition to compel discovery of defendant's investigative materials pposition filed by Bluegreen Corporation. (Not imaged) (aat, ) (Entered: 12/11/2003)

RESPONSE to motion re 62 motion to compel plaintiff filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 12/22/2003)

APPENDIX in support re 68 response to motion to compel plaintiff filed by Equal Employment Opportunity Commission. (Not imaged)(aat, ) (Entered: 12/22/2003)

RESPONSE and brief to motion re 62 motion to compel filed by Jacque Raines. (Exhibits not imaged) (USC) (aat, ) (Entered: 12/22/2003)

REPLY BRIEF to response to motion re 59 motion to compel investigative materials, etc. filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 12/30/2003)

APPENDIX in support re 71 replyb brief to response to motion to compel investigative materials, etc. filed by Equal Employment Opportunity Commission. (Not imaged)(aat, ) (Entered: 12/30/2003)

REPLY BRIEF to response to motion re 58 motion for leave to telephonically depose Bluegreen representative filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 12/30/2003)

APPENDIX in support re 73 reply to response to motion for leave to telephonically depose Bluegreen representative filed by Equal Employment Opportunity Commission. (Not imaged)(aat, ) (Entered: 12/30/2003)

REPLY to response to motion re 60 motion to compel intervenor filed by Bluegreen Corporation. (aat, ) (Entered: 01/05/2004)

REPLY to response to motion re 62 motion to compel EEOC filed by Bluegreen Corporation. (aat, ) (Entered: 01/05/2004)

JOINT STATUS REPORT on mediation by Bluegreen Corporation, Equal Employment Opportunity Commission. (aat, ) (Entered: 01/22/2004)

ADR summary filed by Cecilia Morgan. Attorneys in Attendance: Danita Wiltz, Toby W. Costas, Walter Kruger, Lane Rugeley, Robert Ruotolo, Martin Shuham. Prv Fee: $1525.00 per party. Disposition: continuing to work with the parties to reach settlement.(aat, ) (Entered: 01/26/2004)

MOTION for summary judgment by Bluegreen Corporation (aat, ) (Entered: 02/03/2004)

MEMORANDUM OF LAW in support re 79 motion for summary judgment filed by Bluegreen Corporation. (aat, ) (Entered: 02/03/2004)

APPENDIX in support re 79 motion for summary judgment filed by Bluegreen Corporation. (Not imaged) (USC) (aat, ) (Entered: 02/03/2004)

NOTICE of filing deposition transcript of Jacque Raines by Bluegreen Corporation (aat, ) (Entered: 02/12/2004)

REQUEST for filing original deposition transcript of Jacque Raines by Bluegreen Corporation (aat, ) (Entered: 02/12/2004)

RESPONSE to motion re 79 motion for summary judgment filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 02/20/2004)

DECLARATION of Danita Roy Wiltz by Equal Employment Opportunity Commission. (aat, ) (Entered: 02/20/2004)

OBJECTIONS AND RESPONSE to motion re 79 motion for summary judgment filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 02/20/2004)

APPENDIX in support re 86 objections and response to motion for summary judgment filed by Equal Employment Opportunity Commission. (Not imaged) (USC) (aat, ) (Entered: 02/20/2004)

ORDER denying 58 motion to telephonically depose Bluegreen Representative, denying 59 motion to compel discovery of Bluegreen's investigative material, granting 60 motion to compel plaintiff, and granting 62 motion to compel intervenor. (Signed by Judge Ed Kinkeade on 2/24/4) (aat, ) (Entered: 03/02/2004)

REPLY to response to motion re 79 motion for summary judgment filed by Bluegreen Corporation. (aat, ) (Entered: 03/08/2004)

APPENDIX in support re 89 reply to response to motion for summary judgment filed by Bluegreen Corporation. (Not imaged) (aat, ) (Entered: 03/08/2004)

ATTORNEY'S FEES REQUEST pursuant to order of 2/24/04 by Bluegreen Corporation (aat, ) (Entered: 03/10/2004)

AFFIDAVIT of counsel supporting 91 attorney's fees request subsequent to order of 2/24/04 by Bluegreen Corporation. (Exhibits not imaged) (aat, ) (Entered: 03/10/2004)

RESPONSE in opposition re 91 attorney fee request filed by Jacque Raines. (aat, ) (Entered: 03/17/2004)

MOTION in limine to exclude other lawsuits not involving Raines and non-contemporaneous photographic images by Bluegreen Corporation (aat, ) (Entered: 03/18/2004)

MEMORANDUM in support re 94 motion in limine to exclude other lawsuits not involving Raines and non-contemporaneous photographic images filed by Bluegreen Corporation. (aat, ) (Entered: 03/18/2004)

RESPONSE in opposition re 91 request for attorney fees filed by EEOC. (aat, ) (Entered: 03/18/2004)

APPENDIX in support re 96 response in opposition to request for attorney's fees filed by Equal Employment Opportunity Commission. (Not imaged)(aat, ) (Entered: 03/18/2004)

Reply in Support re 91 Request for Attorney Fees from Plaintiff EEOC filed by Bluegreen Corporation. (klm, ) (Entered: 03/26/2004)