Case: EEOC v. PACINO'S, INC.

EEOC v. Pacino's, Inc.

EEOC v. Pacino's, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed with demand for JURY TRIAL - Title VII action - unlawful employment practices on the basis of sex and retaliation (jrm) (Entered: 10/01/1997)

ORDER directing counsel to review and certify compliance with Local Rule 1.04(c) within 10 days. (Signed by Judge Patricia C. Fawsett ) ctc (jrm) (Entered: 10/01/1997)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: David A. Baker (jrm) (Entered: 10/01/1997)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: David A. Baker (jrm)

SUMMONS issued for Pacino's, Inc. Consent(s) issued. (jrm) (Entered: 10/01/1997)

SUMMONS issued for Pacino's, Inc. Consent(s) issued. (jrm)

NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (djd) (Entered: 10/08/1997)

CERTIFICATE OF COMPLIANCE by plaintiff EEOC with [2-1] order - no related pending or closed cases. (djd) (Entered: 10/10/1997)

NOTICE of attorney appearance for defendant Pacino's, Inc. by Gus R. Benitez (djd) (Entered: 11/18/1997)

MOTION by defendant Pacino's, Inc. with memorandum in support for more definite statement (djd) (Entered: 11/24/1997)

RESPONSE by plaintiff EEOC to [6-1] motion for more definite statement (djd) (Entered: 12/11/1997)

ENDORSED ORDER denying defendant's [6-1] motion for more definite statement ( Signed by Judge Patricia C. Fawsett ) ctc (djd) (Entered: 12/18/1997)

ENDORSED ORDER denying defendant's [6-1] motion for more definite statement ( Signed by Judge Patricia C. Fawsett ) ctc (djd)

NOTICE of new case number 97-1193-Civ-Orl-19B (spr) (Entered: 12/22/1997)

ANSWER and affirmative defenses to Complaint by defendant Pacino's, Inc.; jury demand (djd) (Entered: 01/05/1998)

CASE MANAGEMENT REPORT. (djd) (Entered: 01/23/1998)

CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties, amending of pleadings on 9/30/98; Deadline for filing of motions 7/30/99; Discovery cutoff 6/30/99; Pretrial statement due on or before 10/1/99; Final pretrial conference to be set by the U.S. Magistrate Judge; Jury trial set for 12/1/99 before Judge Patricia C. Fawsett ( signed by Judge Patricia C. Fawsett ) ctc (djd) (Entered: 02/12/1998)

NOTICE of Hearing: Set final pretrial conference at 9:00 a.m. on 11/10/99 before Magistrate Judge David A. Baker ctc (djd) (Entered: 02/23/1998)

ORDER referring case to mediation and directing selection of a mediator. The parties have two weeks to select a mediator and notify the Court of their selection. Absent a joint selection, the Court will issue an order appointing a mediator. The mediation conference will be conducted by 1/31/99 ( Signed by Magistrate Judge David A. Baker ) Lead counsel to coordinate dates. ctc (spr) (Entered: 10/15/1998)

ORDER appointing C. Welborn Daniel as mediator in this action. (Signed by Magistrate Judge David A. Baker) ctc (spr) (Entered: 11/09/1998)

NOTICE of mediation set for 1/21/99 by C. Welborn Daniel (spr) (Entered: 12/07/1998)

MEDIATION REPORT. Mediation Hearing Held: 1/21/99. C. Welborn Daniel, Mediator. Hearing Outcome: Impasse (spr) (Entered: 01/29/1999)

JOINT MOTION and supporting memorandum of law by EEOC, Pacino's, Inc. for 60 day extension of discovery deadline - referred to Magistrate Judge David A. Baker (spr) (Entered: 06/21/1999)

ORDER granting [17-1] joint motion for 60 day extension of discovery deadline. Reset discovery due for 8/30/99 ( Signed by Magistrate Judge David A. Baker ) ctc MFR Number (spr) (Entered: 06/24/1999)

JOINT MOTION by EEOC, Pacino's, Inc. for three-week extension of deadline to file joint pretrial stipulation, joint proposed jury instructions and verdict form and proposed voir dire - referred to Magistrate Judge David A. Baker (spr) (Entered: 09/30/1999)

ORDER granting [19-1] joint motion for three-week extension of deadline to file joint pretrial stipulation, joint proposed jury instructions and verdict form and proposed voir dire. Reset pretrial statement deadline for 10/22/99 ( Signed by Magistrate Judge David A. Baker ) ctc (spr) (Entered: 10/01/1999)

PROPOSED voir dire questions by plaintiff EEOC (djd) (Entered: 10/22/1999)

JOINT PRETRIAL STATEMENT. (djd) (Entered: 10/22/1999)

JOINT MOTION with memorandum in support by plaintiff EEOC, defendant Pacino's, Inc. to extend time to 10/27/99 to file joint proposed jury instructions and verdict form referred to Magistrate Judge David A. Baker (djd) (Entered: 10/22/1999)

ORDER granting [23-1] joint motion to extend time to 10/27/99 to file joint proposed jury instructions and verdict form ( Signed by Magistrate Judge David A. Baker ) ctc (spr) (Entered: 10/26/1999)

JOINT PROPOSED jury instructions and verdict form by EEOC, Pacino's, Inc. (spr) (Entered: 10/27/1999)

MINUTE ENTRY: Final pretrial conference held on 11/10/99 before Magistrate Judge David A. Baker. Court to enter an order to show cause why sanctions should not be imposed against the defendant for not appearing at the final pretrial conference. Court to reschedule hearing. Tape 99-75:2-172 (spr) (Entered: 11/10/1999)

Final pretrial conference held (spr) (Entered: 11/10/1999)

Final pretrial conference held (spr)

MOTION by EEOC with memorandum in support in limine to exclude defendant's Exhibits #1 and #46 from trial (spr) (Entered: 11/12/1999)

MOTION by EEOC with memorandum in support in limine to exclude witnesses Wendy Baker and Ron Imburgia from trial (spr) (Entered: 11/12/1999)

MOTION by EEOC with memorandum in support in limine to exclude writings of Charles Moses (spr) (Entered: 11/12/1999)

MOTION by EEOC with memorandum in support in limine to exclude evidence of Oscar Rodriguez's criminal record (spr) (Entered: 11/12/1999)

ORDER and Notice of Hearing: Counsel for defendant is ordered to file a formal response prior to the scheduled hearing as to why sanctions should not be imposed for failure to appear at the 11/10/99 pretrial conference. Set show cause response due 11/22/99 . Reset final pretrial conference for 2:30 p.m. on 11/22/99 before Magistrate Judge David A. Baker ( Signed by Magistrate Judge David A. Baker ) ctc (spr) (Entered: 11/15/1999)

MOTION by EEOC with memorandum in support for trial brief to exceed 20 pages (spr) (Entered: 11/16/1999)

ENDORSED ORDER denying [32-1] motion for trial brief to exceed 20 pages. See Rule (Local) 1.05(a) ( Signed by Judge Patricia C. Fawsett ) (spr) (Entered: 11/17/1999)

ENDORSED ORDER denying [32-1] motion for trial brief to exceed 20 pages. See Rule (Local) 1.05(a) ( Signed by Judge Patricia C. Fawsett ) (spr)

RESPONSE TO ORDER and notice of hearing dated 11/15/99 filed by counsel for defendant Pacino's, Inc. (spr) (Entered: 11/18/1999)

TRIAL BRIEF by Pacino's, Inc. (spr) (Entered: 11/19/1999)

STATEMENT OF EXPENSES by EEOC (spr) (Entered: 11/22/1999)

DECLARATION of Frank Rial by EEOC Re: [35-1] statement of expenses (spr) (Entered: 11/22/1999)

MINUTE ENTRY: Final pretrial conference held on 11/22/99 before Magistrate Judge David A. Baker (spr) (Entered: 11/23/1999)

Final pretrial conference held (spr) (Entered: 11/23/1999)

Final pretrial conference held (spr)

RESPONSE by Pacino's, Inc. to [27-1] plaintiff's motion in limine to exclude defendant's Exhibits #1 and #46 from trial (spr) (Entered: 11/24/1999)

RESPONSE by Pacino's, Inc. to [28-1] plaintiff's motion in limine to exclude witnesses Wendy Baker and Ron Imburgia from trial (spr) (Entered: 11/24/1999)

RESPONSE by Pacino's, Inc. to [29-1] plaintiff's motion in limine to exclude writings of Charles Moses (spr) (Entered: 11/24/1999)

RESPONSE by Pacino's, Inc. to [30-1] plaintiff's motion in limine to exclude evidence of Oscar Rodriguez's criminal record (spr) (Entered: 11/24/1999)

ORDER that counsel for defendant is ordered to reimburse plaintiff $783.08 for travel costs associated with the cancelled hearing. ( Signed by Magistrate Judge David A. Baker ) ctc (spr) (Entered: 11/24/1999)

ORDER that defendant will complete production of documents as agreed by counsel, defendant shall serve and file excerpt designations for any depositions it may wish to use at trial by 11/30/99, and that defendant is authorized to bring laptop computers into the courthouse for use during the jury trial scheduled to commence at 9:00 a.m. on 12/1/99. ( Signed by Magistrate Judge David A. Baker ) ctc (spr) (Entered: 11/24/1999)

MOTION by plaintiff EEOC for leave to file amended trial brief in accordance with this Court's Order dated November 17, 1999 (jrm) (Entered: 11/26/1999)

AMENDED TRIAL BRIEF by plaintiff EEOC (djd) (Entered: 11/29/1999)

ENDORSED ORDER granting plaintiff's [44-1] motion for leave to file amended trial brief in accordance with this Court's Order dated November 17, 1999 ( Signed by Judge Patricia C. Fawsett ) ctc (djd) (Entered: 11/29/1999)

ENDORSED ORDER granting plaintiff's [44-1] motion for leave to file amended trial brief in accordance with this Court's Order dated November 17, 1999 ( Signed by Judge Patricia C. Fawsett ) ctc (djd)

FILING OF DEPOSITIONS to be read to the jury by Pacino's, Inc. (spr) (Entered: 11/30/1999)

DEPOSITION of Mark J.Round, M.D. by Pacino's, Inc. Transcript filed separately. (spr) (Entered: 11/30/1999)

DEPOSITION of Denise Barnard by Pacino's, Inc. Transcript filed separately. (spr) (Entered: 11/30/1999)

DEPOSITION of Theodore Michael Bonstedt by Pacino's, Inc. Transcript filed separately. (spr) (Entered: 11/30/1999)

MINUTE ENTRY: Civil jury trial (Day #1) held on 12/1/99 before Judge Patricia C. Fawsett. Court Reporter: Emery Tompkins (spr) (Entered: 12/02/1999)

Jury trial held (spr) (Entered: 12/02/1999)

Jury trial held (spr)

MINUTE ENTRY: Civil jury trial (Day #2) held on 12/2/99 before Judge Patricia C. Fawsett. Court takes motions for judgment as a matter of law under advisement. Court Reporter: Emery Tompkins (spr) (Entered: 12/03/1999)

DEPOSITION of Melissa Teague by Pacino's, Inc. filed in Open Court. Transcript filed separately. (spr) (Entered: 12/03/1999)

DEPOSITION of Christine Conroy by Pacino's, Inc. filed in Open Court. Transcript filed separately. (spr) (Entered: 12/03/1999)

MOTION in open court by Pacino's, Inc. for directed verdict (judgment as a matter of law) (spr) (Entered: 12/03/1999)

ORAL ORDER denying [0-0] motion for directed verdict (judgment as a matter of law) ( Signed by Judge Patricia C. Fawsett ) ctc (spr) (Entered: 12/03/1999)

MOTION in open court by Pacino's, Inc. for directed verdict (judgment as a matter of law) (spr)

ORAL ORDER denying [0-0] motion for directed verdict (judgment as a matter of law) ( Signed by Judge Patricia C. Fawsett ) ctc (spr)

MINUTE ENTRY: Civil jury trial (Day #3) held on 12/3/99 before Judge Patricia C. Fawsett. Court Reporter: Rita Meyer (spr) (Entered: 12/06/1999)

COURT'S INSTRUCTIONS TO THE JURY (spr) (Entered: 12/06/1999)

MOTION in open court by Pacino's, Inc. for mistrial (spr) (Entered: 12/06/1999)

ORAL ORDER denying [0-0] motion for mistrial (Entered by Judge Patricia C. Fawsett ) ctc (spr) (Entered: 12/06/1999)

MOTION in open court by Pacino's, Inc. for sanctions (spr) (Entered: 12/06/1999)

MOTION in open court by Pacino's, Inc. for directed verdict (judgment as a matter of law) (spr) (Entered: 12/06/1999)

ORAL ORDER denying [0-0] motion for directed verdict (judgment as a matter of law) (Entered by Judge Patricia C. Fawsett ) ctc (spr) (Entered: 12/06/1999)

MOTION in open court by Pacino's, Inc. for mistrial (spr)

ORAL ORDER denying [0-0] motion for mistrial (Entered by Judge Patricia C. Fawsett ) ctc (spr)

MOTION in open court by Pacino's, Inc. for sanctions (spr)

ORAL ORDER denying [0-0] motion for sanctions (Entered by Judge Patricia C. Fawsett ) ctc (spr)

MOTION in open court by Pacino's, Inc. for directed verdict (judgment as a matter of law) (spr)

ORAL ORDER denying [0-0] motion for directed verdict (judgment as a matter of law) (Entered by Judge Patricia C. Fawsett ) ctc (spr)

MOTION by Pacino's, Inc. for mistrial, or, in the alternative, for an additional 10 minutes of closing arguments (spr) (Entered: 12/06/1999)

RENEWED MOTION by Pacino's, Inc. for mistrial based on the Court having allowed the plaintiff to present rebuttal witnesses not previously listed or disclosed by the plaintiff (spr) (Entered: 12/06/1999)

MINUTE ENTRY: Civil jury trial (Day #4) held on 12/6/99 before Judge Patricia C. Fawsett. Court Reporter: Emery Tompkins (spr) (Entered: 12/07/1999)

MINUTE ENTRY: Civil jury trial (Day #5) held on 12/7/99 before Judge Patricia C. Fawsett. Court Reporters: Rita Meyer and Emery Tompkins (spr) (Entered: 12/08/1999)

MINUTE ENTRY: Civil jury trial (Day #6) held on 12/8/99 before Judge Patricia C. Fawsett. Court Reporter: Emery Tompkins (spr) (Entered: 12/08/1999)

CONSENT DECREE for EEOC against Pacino's, Inc. Defendant Pacino's, Inc. will pay Melissa Teague a lump sum amount of $31,500 within 60 calendar days; defendant Pacino's, Inc. will pay Christine Conroy a lump sum amount of $43,500 within 60 days. Each party shall bear its own costs and attorneys' fees associated with this litigation. ( Signed by Judge Patricia C. Fawsett ). (Filed in Open Court) (ctc) (spr) Modified on 12/08/1999 (Entered: 12/08/1999)

COURT'S EXHIBIT LIST (spr) (Entered: 12/08/1999)

TRANSCRIPT OF PROCEEDINGS on excerpt of proceedings for date of 12/4/99 before Judge Patricia C. Fawsett. Transcript filed separately. (spr) (Entered: 12/08/1999)

CASE CLOSED. (spr) (Entered: 12/08/1999)

CASE CLOSED. (spr)

JOINT MOTION by EEOC, Pacino's, Inc. for leave to file amended consent decree (spr) (Entered: 12/15/1999)

ORDER granting [64-1] joint motion for leave to file amended consent decree (Signed by Judge Patricia C. Fawsett on 12/20/99) ctc (spr) (Entered: 12/21/1999)

AMENDED CONSENT DECREE for EEOC against Pacino's, Inc. Defendant Pacino's will pay Melissa Teague a lump sum amount of $31,500 within 60 calendar days; defendant Pacino's will pay Christine Conroy a lump sum amount of $43,500 within 60 days. Each party shall bear its own costs and attorneys' fees associated with this litigation. Pacino's will certify to the EEOC every 6 months throughout the duration of this decree that it is in compliance with all aspects of the decree, the first certification being due by 6/30/00. ( Signed by Judge Patricia C. Fawsett on 12/20/99 ). (ctc) (spr) (Entered: 12/21/1999)

TRANSCRIPT of Settlement Announcement held on December 8, 1999 before Judge Patricia C. Fawsett Transcript filed separately. (nbl) (Entered: 03/30/2000)