EEOC v. Woodmen of the World Life Insurance Society

U. S. Court of Appeals for the Eighth Circuit

EEOC v. Woodmen of the World Life Insurance Society

EEOC v. Woodmen of the World Life Insurance Society

EEOC v. Woodmen of the World Life Insurance Society

EEOC v. Woodmen of the World Life Insurance Society

2004 WL 534046

EEOC v. Woodmen of the World Life Insurance Society

330 F.Supp.2d 1049

EEOC v. Woodmen of the World Life Insurance Society

2005 WL 2180071

EEOC v. Woodmen of the World Life Insurance Society

2006 WL 649298

EEOC v. Woodmen of the World Life Insurance Society

2007 WL 1544743

EEOC v. Woodmen of the World Life Insurance Society

U. S. Court of Appeals for the Eighth Circuit

479 F.3d 561

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT with Jury Demand against Woodmen of the World Life Insurance Society No Summons issued by Attorney Nelson G. Alston on behalf of Equal Employment Opportunity Commission (Attachments: # 1 E-mail to Clerk)(MKR, ) (Entered: 04/30/2003)

ORDER striking DISCLOSURE 90 filed by Woodmen of the World Life Insurance Society; PDF document should have been attached to filing number 89 asExhibit 7A and not filed as a separate document. Signed by Magistrate Judge Thomas D. Thalken on 6/15/2005. (ADB)

MEMORANDUM AND ORDER granting 76 & 94 Motions for Relief, granting 98 Motion to Respond; denying Woodmen's 99 Motion to Compel; this case is no longer referred to arbitration. Signed by Judge Joseph F. Bataillon on 8/25/2005. (SMS, )

CIVIL COVER SHEET (MKR, ) (Entered: 04/30/2003)

ORDER - The defendant shall withhold issuance of subpoenas until the court rules on the pending Joint Motion to Quash or Modify Proposed Subpoena of Rollins' Financial and Personnel Records or Alternative Motion for Protective Order 106 . Any person served with a subpoena ordered to be withheld need not comply with such subpoena until further order of the court. Signed by Magistrate Judge Thomas D. Thalken on 8/25/2005. (KBJ)

ATTORNEY LETTER by Clerk that Attorney Ann L. Fuller has not registered for admittance to practice and registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR, ) (Entered: 04/30/2003)

ATTORNEY LETTER by Clerk that Attorney Joseph H. Mitchell has not registered for admittance to practice and registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR, ) (Entered: 04/30/2003)

ORDER regarding the Joint Notice of Rollins' Bankruptcy Filing Relating to Defendant Woodmen's Motions to Compel Arbitration 105 - Pursuant to NEGenR 1.5(a)(1) and 28 U.S.C. 157, this case is referred to the United States Bankruptcy Court for the District of Nebraska. This case shall be terminated for statistical purposes by the Clerk. The Clerk shall deliver the court file to the Clerk of the Bankruptcy Court for the District of Nebraska. Signed by Magistrate Judge Thomas D. Thalken on 9/1/2005. (JAE, )

ATTORNEY LETTER by Clerk that Attorney Lynn L. Palmer has not registered for admittance to practice and registered for the system. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (MKR, ) (Entered: 04/30/2003)

ORDER that the Joint Motion for Reconsideration of September 1, 2005 Order of Magistrate JudgeThalken 110 is stricken, and the Motion for Extension of Time 111 isstricken, subject to filing with the United States Bankruptcy Court for the District of Nebraska. Signed by Magistrate Judge Thomas D. Thalken on 9/16/2005. (JAE, )

STRICKEN - AMENDED COMPLAINT with jury demand against Defendant Woodmen of the World Life Insurance Society, by Attorney Nelson G. Alston on behalf of Equal Employment Opportunity Commission (Alston, Nelson) Modified on 5/21/2003 (KMG) - document is stricken per order 9 . (Entered: 05/20/2003)

REPORT AND RECOMMENDATION that this case be withdrawn from Bankruptcy Signed by Judge Timothy J. Mahoney on 10/27/2005. (Attachments: # 1 Transmittal Letter)(ADB)

2 Transmittal Letter

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ORDER - The Report and Recommendation suggesting that the referral to bankruptcy be withdrawn and that this case be stayed pending a hearing in the USBC-Middle District of PA 118 is adopted. This case is withdrawn from the United States Bankruptcy Court for the District of Nebraska; This case is stayed until November 16, 2005, or until such time as this court lifts the stay or until the United States Bankruptcy Court for the Middle District of Pennsylvaniarules on the motions for relief from stay; Within seven days of the ruling by the United States Bankruptcy Court for the Middle District of Pennsylvania, counsel for all parties shall file a short brief informing thecourt of the decisions of the bankruptcy court and, additionally, shall include suggestions on how the court should thereafter proceed in this case; and the Clerk of Court shall send a copy of this Order to the United States Bankruptcy Court, Middle District of Pennsylvania, 1:05-bk04445-MDF. Signed by Judge Joseph F. Bataillon on 11/4/2005. - (COPIES AS DIRECTED)(KBJ)

WAIVER OF SERVICE Returned Executed upon 5/12/03 defendant Woodmen of the World Life Insurance Society. Waiver sent on 5/6/2003. (Alston, Nelson) (Entered: 05/20/2003)

ORDER striking document 7 because the incorrect PDF document is attached. The plaintiff shall re-file the amended complaint. Signed by Magistrate Judge Thomas D. Thalken on 5/21/2003. (KMG) (Entered: 05/21/2003)

ORDER granting 123 Joint Motion to Extend Time to 1/9/2006 to File Report Regarding Bankruptcy Court Order. Signed by Judge Joseph F. Bataillon on 12/27/2005. (SMS, )

AMENDED COMPLAINT with Jury Demand against Defendant Woodmen of the World Life Insurance Society, by Attorney Nelson G. Alston on behalf of Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 05/22/2003)

STIPULATED ORDER signed by Bankruptcy Judge Mary France of Bankruptcy Court for the Middle District of Pennsylvania, Case No. 1-05-bk-04445 (MDF). Signed by Judge Joseph F. Bataillon on 2/1/2006. (SMS, )

MEMORANDUM AND ORDER - The EEOC's objection, 115 , is denied as moot. The Court determines, pursuant to 129 , that the automatic stay is inapplicable with respect to the Title VII litigation in this case, and this court has jurisdiction to en ter this order. That 98 , a motion by the plaintiff to join the intervenor, nunc pro tunc, is granted. The court orders the Clerk of Court to re-file 107 , Memorandum and Order entered August 25, 2005, as an attachment to this filing. Filing No. 10 7 is reissued as of this date and is hereby incorporated by reference in this Order. The defendant's motion to enter a stay, 117 , is denied. The court orders the magistrate to progress this case. Defendant's motion to amend or alter the judgment, 112 , is denied. Signed by Judge Joseph F. Bataillon on 2/3/2006. (Attachments: # 1 Memorandum and Order entered 8/25/05 - reissued as of this date) (JAE, )

2 Memorandum and Order entered 8/25/05 - reissued as of this date

View on PACER

APPLICATION/ORDER admitting pro hac vice Attorney Ann L. Fuller for Plaintiff Equal Employment Opportunity Commission. Signed by Deputy Clerk on 6/2/2003. (DKM, ) (Entered: 06/03/2003)

MOTION for Extension of Time to File Answer or Other Responsive Pleading by Attorney Lindsay K. Lundholm on behalf of Defendant Woodmen of the World Life Insurance Society (Lundholm, Lindsay) (Entered: 07/07/2003)

ORDER granting 176 Motion for Leave to Withdraw Attorneys Joseph H. Mitchell and Nelson G. Alston as counsel for the plaintiff; the Clerk of Court shall stop all electronic notices for this case to Joseph H. Mitchell and Nelson G. Alston Ordered by Magistrate Judge Thomas D. Thalken.(PCV, )

ORDER granting 12 Motion for Extension of Time to Answer. Answer Deadline set for 8/6/03, as to Defendant Woodmen of the World Life Insurance Society. Signed by Deputy Clerk on 7/7/2003. (JSF) (Entered: 07/07/2003)

ORDER granting 178 , 179 , 180 , Motions for leave to withdraw of Kim Rogers, Lynn Palma and Ann L. Fuller as counsel for the plaintiff; the Clerk of Court shall stop all electronic notices for this case to Kim Rogers, Lynn Palma and Ann L. Fuller. Ordered by Magistrate Judge Thomas D. Thalken.(PCV, )

SCHEDULING PACKET; Rule 26 Meeting Report Deadline set for 9/3/2003. Signed by Magistrate Judge Thomas D. Thalken on 7/10/2003. (PAV, ) (Entered: 07/10/2003)

ORDER granting in part and denying in part 166 the defendant's Motion for Leave to Issue Subpoenas Duces Tecum. The defendant's motion is denied with respect to the subpoena for Woodward & Associates, and granted in all other respects. The parties shall confer regarding a proposed protective order, prior to the issuance of the subpoenas at issue. Ordered by Magistrate Judge Thomas D. Thalken.(TRL)

MOTION to Dismiss or in the alternative MOTION for Summary Judgment by Attorney Scott S. Moore on behalf of Defendant Woodmen of the World Life Insurance Society (Moore, Scott) (Entered: 08/05/2003)

MEMORANDUM AND ORDER denying 172 & 173 Defendant's Motions for Summary Judgment, denying as moot 186 Motion to Continue. Ordered by Judge Joseph F. Bataillon.(SMS, )

BRIEF In Support Motion to Dismiss 15 or In the Alternative Motion for Summary Judgment by Attorney Scott S. Moore on behalf of Defendant Woodmen of the World Life Insurance Society (Moore, Scott) (Entered: 08/05/2003)

ORDER holding in abeyance 190 Motion to Compel. The defendant shall have to on or before March 19, 2007, to submit copiesof the subject documents under seal to chambers for the undersigned magistrate judge. Absent compliance with this order, the plaintiffs' motion will be granted. Ordered by Magistrate Judge Thomas D. Thalken. (PAV)

INDEX In Support of Motion to Dismiss 15 or In the Alternative Motion for Summary Judgment by Attorney Scott S. Moore on behalf of Defendant Woodmen of the World Life Insurance Society (Moore, Scott) (Entered: 08/05/2003)

ORDER granting 193 Motion to Compel. The defendant shall supplement its responses to these discovery requests by April 6, 2007. The defendant shall have to on or before April 6, 2007, to show cause why the plaintiffs should not be awarded reasonab le costs and attorneys fees incurred in bringing this motion to compel, in accordance with Fed. R. Civ. P. 37(a)(4)(A). The court will hold a status telephone conference with counsel on April 13, 2007, at 3:00 p.m. Counsel for the plaintiff EEOC shall initiate the telephone conference. Ordered by Magistrate Judge Thomas D. Thalken.(TRL)

AFFIDAVIT of Nelson Alston regarding MOTION to Dismiss or in the alternative MOTION for Summary Judgment 15 by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Attachments: # 1)(Alston, Nelson) (Entered: 08/22/2003)

ORDER granting 224 Motion to Withdraw as Attorney. The Clerk of Court shall stop all electronic notices to Anjuli Kelotra regarding this case. Ordered by Magistrate Judge Thomas D. Thalken.(PCV, )

ORDER granting in part and denying in part 190 Motion to Compel. The defendant shall have until April 6, 2007, to show cause why the plaintiffs should not be awarded reasonable costs and attorney's fees incurred in bringing this motion to compel, in accordance with Fed. R. Civ. P. 37(a)(4)(A). Ordered by Magistrate Judge Thomas D. Thalken.(TRL)

REPORT of Rule 26(f) Planning Meeting by Attorney Nelson Alston on behalf of the EEOC and by Attorney Scott S. Moore on behalf of Defendant Woodmen of the World Life Insurance Society (Moore, Scott) (Entered: 09/02/2003)

REPORT of Rule 26(f) Planning Meeting AMENDED by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 09/05/2003)

ORDER - The parties request to extend time is granted. All discovery deadlines, hearing dates, and all other deadlines in this action are stayed for a period of fifteen days. The status telephone conference scheduled for April 13, 2007, is cancelled. Counsel shall file a joint status report concerning the status of this case on April 23, 2007. Status Report due by 4/23/2007. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )

ORDER that the parties shall file a joint stipulation for dismissal (or other dispositive stipulation) with the clerk of the court which will fully dispose of the case on or before May 10, 2007. The pretrial conference and trial previously scheduled are cancelled upon the representation that this case is settled. Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )

MOTION for Leave to Submit a Reply Brief by Attorney Lindsay K. Lundholm on behalf of Defendant Woodmen of the World Life Insurance Society (Lundholm, Lindsay) (Entered: 09/05/2003)

REPLY BRIEF In Support of Motion to Dismiss 15 or in the Alternative Motion for Summary Judgment by Attorney Lindsay K. Lundholm on behalf of Defendant Woodmen of the World Life Insurance Society (Lundholm, Lindsay) (Entered: 09/05/2003)

ORDER granting 22 Defendant's Motion for Leave regarding 15 Motion to Dismiss; REPLY BRIEF 23 IS DEEMED FILED INSTANTER. Signed by Judge Joseph F. Bataillon on 9/8/2003. (SMS, ) (Entered: 09/08/2003)

ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF A CIVIL CASE; Planning Conference set for 11/10/2003 at 02:30 PM before Magistrate Judge Thomas D. Thalken. Signed by Magistrate Judge Thomas D. Thalken on 9/9/2003. (PAV, ) (Entered: 09/09/2003)

APPLICATION/ORDER admitting pro hac vice Attorney Lynn L. Palma for Plaintiff Equal Employment Opportunity Commission. Signed by Deputy Clerk on 9/15/2003. (JSF) (Entered: 09/15/2003)

MOTION to Intervene by Attorney Michael B. Kratville on behalf of Intervenor Lou Rollins (MKR, ) (Entered: 10/01/2003)

STRICKEN - CROSSCLAIM against Woodmen of the World Life Insurance Society , by Attorney Michael B. Kratville on behalf of Lou Rollins (MKR, ) Modified on 10/7/2003 indicate stricken per order 29 (JAE, ). (Entered: 10/01/2003)

ORDER granting 27 Motion to Intervene. Louella Rollins shall have to on or before October 16, 2003, to file herintervention complaint. The Clerk of Court is directed to strike Filing No. 28, the movant's documenttitled "Cross-claim." It was erroneously filed as a pleading rather than as an attachment to themotion to intervene. The Clerk of Court is directed to provide a copy of this order to the movanteither through the United States Postal Service or electronic means. Signed by Magistrate Judge Thomas D. Thalken on 10/7/2003. (JAE, ) (Entered: 10/07/2003)

NOTICE of Docket Text Modification by Deputy Clerk regarding Crossclaim 28 . STRICKEN - CROSSCLAIM against Woodmen of the World Life Insurance Society, by Attorney Michael B. Kratville on behalf of Lou Rollins (MKR, ) Modified on 10/7/2003 indicate stricken per order 29 (JAE, ) (Entered: 10/07/2003)

Mail Returned as Undeliverable addressed to nweeks@eeoc.gov regarding Order 29 . NOT RESENT: attorney's system down; filing faxed to 303-866-1375 per request.. (JAE, ) (Entered: 10/10/2003)

Mail Returned as Undeliverable addressed to lpalma@eeoc.gov regarding Order 29 . Mail/E-mail resent to NOT RESENT: attorney's system down; filing faxed to 303-866-1375 per request. (JAE, ) (Entered: 10/10/2003)

CROSSCLAIM against Woodmen of the World Life Insurance Society , by Attorney Michael B. Kratville on behalf of Lou Rollins.(ADB) (Entered: 10/16/2003)

NOTICE of Change of Address e-mail address of Nancy A Week and Lynn Palma by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 11/03/2003)

MOTION to Amend Order Setting Schedule for Initial Progression of a Civil Case 25 by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Text of Proposed Order Order by Thalken)(Alston, Nelson) (Entered: 11/04/2003)

MOTION to Dismiss Cross-Claim and/or for Summary Judgment or Stay by Attorney Lindsay K. Lundholm on behalf of Defendant Woodmen of the World Life Insurance Society (Lundholm, Lindsay) (Entered: 11/04/2003)

BRIEF In Support of Motion to Dismiss 35 Cross-Claim by Attorney Lindsay K. Lundholm on behalf of Defendant Woodmen of the World Life Insurance Society (Lundholm, Lindsay) (Entered: 11/04/2003)

INDEX In Support of Motion to Dismiss 35 Cross-Claim by Attorney Lindsay K. Lundholm on behalf of Defendant Woodmen of the World Life Insurance Society (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Lundholm, Lindsay) (Entered: 11/04/2003)

ORDER granting 34 the plaintiff's unopposed motion to amend the progression order; the planning conference scheduled for November 10, 2003 is cancelled; discovery in this case is stayed pending the resolution of the defendant's pending motion to dismiss 15 ; the parties shall have 20 days from the date an order is filed on the currently pending motion to dismiss 15 in which to reschedule a planning conference with the court, if necessary; counsel for the plaintiff shall contact the court within such time period to schedule the planning conference. Signed by Magistrate Judge Thomas D. Thalken on 11/7/2003. (MKR, ) (Entered: 11/07/2003)

BRIEF Opposition to Motion to Dismiss or for Summary Judgment or Stay Motion to Dismiss 35 by Attorney Michael B. Kratville on behalf of Intervenor Plaintiff Lou Rollins, Cross Claimants Lou Rollins, Lou Rollins (Kratville, Michael) (Entered: 12/01/2003)

INDEX Opposition to Motion to Dismiss or for Summary Judgment or to Stay Motion to Dismiss 35 by Attorney Michael B. Kratville on behalf of Intervenor Plaintiff Lou Rollins, Cross Claimants Lou Rollins, Lou Rollins (Kratville, Michael) (Entered: 12/01/2003)

AFFIDAVIT of Louella Rollins regarding MOTION to Dismiss Cross-Claim and/or for Summary Judgment or Stay 35 by Attorney Michael B. Kratville on behalf of Intervenor Plaintiff Lou Rollins, Cross Claimants Lou Rollins, Lou Rollins (Kratville, Michael) (Entered: 12/01/2003)

MOTION for Leave to file reply brief by Attorney Scott S. Moore on behalf of Defendant Woodmen of the World Life Insurance Society (Moore, Scott) (Entered: 12/12/2003)

BRIEF In Support of Motion to Dismiss in Reply by Attorney Scott S. Moore on behalf of Defendant Woodmen of the World Life Insurance Society (Moore, Scott) (Entered: 12/12/2003)

ORDER granting 42 Motion for Leave to File Reply Brief regarding 15 Motion to Dismiss or for Summary Judgment; REPLY BRIEF 43 DEEMED FILED INSTANTER. Signed by Judge Joseph F. Bataillon on 12/16/2003. (SMS, ) (Entered: 12/16/2003)

NOTICE of Change of Counsel by Attorney Nancy A. Weeks on behalf of Plaintiff Equal Employment Opportunity Commission (Weeks, Nancy) (Entered: 01/09/2004)

MOTION to Withdraw as Attorney by Attorney Nancy A. Weeks on behalf of Plaintiff Equal Employment Opportunity Commission (Weeks, Nancy) (Entered: 01/12/2004)

ORDER granting 46 Motion to Withdraw Nelson G. Alston as Attorney for plaintiff. Withdrawing counsel shall comply with NELR 3.3(d). The Clerk of Court shall stop all electronic notices to Mr. Alston regarding thiscase. Signed by Magistrate Judge Thomas D. Thalken on 1/14/2004. (JAE, ) (Entered: 01/14/2004)

MEMORANDUM AND ORDER denying 15 Defendant's Motion to Dismiss or in the Alternative for Summary Judgment. Signed by Judge Joseph F. Bataillon on 3/17/2004. (SMS, ) (Entered: 03/17/2004)

MOTION to Amend Order on Motion to Dismiss 48 for 28 U.S.C. 1292(b) Certification for Interlocutory Appeal and for Stay by Attorney Kirk S. Blecha on behalf of Defendant Woodmen of the World Life Insurance Society (Blecha, Kirk) (Entered: 03/25/2004)

BRIEF In Support of Motion to Amend 49 for 28 U.S.C. 1292 Certification for interlocutory Appeal and for Stay by Attorney Kirk S. Blecha on behalf of Defendant Woodmen of the World Life Insurance Society (Blecha, Kirk) (Entered: 03/25/2004)

ORDER granting 51 Motion for Extension of Time. Defendant Woodmen of the World Life Insurance Society shall have ten days after the court's decision on the defendant'spending motion to amend 49 , to file an answer or otherwise respond to theplaintiff's complaint. Signed by Magistrate Judge Thomas D. Thalken on 3/26/2004. (JAE, ) (Entered: 03/26/2004)

BRIEF opposition Motion to Amend 49 Def's Motion for Certification for Interlocutory Appeal and for Stay Pending Appeal by Attorney Lynn L. Palma on behalf of Plaintiff Equal Employment Opportunity Commission (Palma, Lynn) (Entered: 04/08/2004)

NOTICE regarding MOTION to Amend Order on Motion to Dismiss 48 for 28 U.S.C. 1292(b) Certification for Interlocutory Appeal and for Stay 49 by Attorney Michael B. Kratville on behalf of Intervenor Plaintiff Lou Rollins, Cross Claimants Lou Rollins, Lou Rollins (Kratville, Michael) (Entered: 04/09/2004)

MOTION for Leave to Submit a Reply by Attorney Kirk S. Blecha on behalf of Defendant Woodmen of the World Life Insurance Society (Blecha, Kirk) (Entered: 04/13/2004)

REPLY BRIEF In Support of Motion to Amend 49 , Motion for Leave 55 by Attorney Kirk S. Blecha on behalf of Defendant Woodmen of the World Life Insurance Society (Blecha, Kirk) (Entered: 04/13/2004)

ORDER granting 55 Motion for Leave to File Reply Brief regarding 49 Motion to Amend Order on Motion to Dismiss; REPLY BRIEF 56 IS DEEMED FILED INSTANTER. Signed by Judge Joseph F. Bataillon on 4/14/2004. (SMS, ) (Entered: 04/14/2004)

ORDER that the defendant's motion to certify an immediate appeal of an interlocutory decision, 49 is granted. This case shall be stayed pending appeal. Status Report due by 10/12/2004. Signed by Judge Joseph F. Bataillon on 4/15/2004. (JAE, ) (Entered: 04/15/2004)

Letter by Clerk that the petition for permission to appeal has been filed under case number 04-8004. If the petition is granted, the court's docket fee of $255.00 is to be tendered. The district clerk is to forward to certified copies of the docket sheet. (ADB) (Entered: 04/27/2004)

Transmittal Letter to Clerk, USCA-8th Circuit of two certified copies of docket sheet. (ADB) (Entered: 04/27/2004)

COPY of Order (JUDGMENT) from USCA - 8th Circuit that the petition to take an interlocutory appeal pursuant to 28 U.S.C.section 1292(b) has been considered and is denied. (Attachments: # 1)(DKM, ) (Entered: 05/26/2004)

ORDER The stay imposed pending appeal, Filing No. 58 is hereby lifted. Defendant shall have ten days from the date of this order to answer orotherwise respond to plaintiff's complaint. Defendant's motion to dismiss intervenor/cross-plaintiff's cross-claim, FilingNo. 35 , is deemed pending this date.Discovery in this case is stayed pending the resolution of the defendant'spending motion to dismiss, Filing No. 35 .The parties shall have twenty (20) days from the date an order is filed onthe currently pending motion to dismiss, Filing No. 35 , in which to reschedulea planning conference with the court, if necessary. Counsel for the plaintiffshall contact Magistrate Judge Thalken within such time period to schedulethe planning conference. Signed by Judge Joseph F. Bataillon on 5/27/2004. (DKM, ) (Entered: 05/27/2004)

MANDATE/JUDGMENT from USCA - 8th Circuit (04-8004) that the petition to take an interlocutory appeal pursuant to 28 USC section 1292(b) has been considered and is denied. Mandate shall issue forthwith. (Attachments: # 1)(JAE, ) (Entered: 06/01/2004)

ANSWER to Amended Complaint by Attorney Kirk S. Blecha on behalf of Defendant Woodmen of the World Life Insurance Society (Blecha, Kirk) (Entered: 06/07/2004)

MEMORANDUM AND ORDER denying 35 motion to dismiss; granting motion to compel arbitration; dismissing plaintiff's cross-claim. Signed by Judge Joseph F. Bataillon on 8/17/2004. (SMS, ) (Entered: 08/17/2004)

REPORT of Rule 26(f) Planning Meeting Second Amended by Attorney Lynn L. Palma on behalf of Plaintiff Equal Employment Opportunity Commission (Palma, Lynn) (Entered: 09/07/2004)

REPORT of Rule 26(f) Planning Meeting (Revised Version of Second Amended) by Attorney Kirk S. Blecha on behalf of Defendant Woodmen of the World Life Insurance Society (Blecha, Kirk) (Entered: 09/08/2004)

ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF A CIVIL CASE; Planning Conference set for 3/21/2005 at 03:00 PM before Magistrate Judge Thomas D. Thalken. Signed by Magistrate Judge Thomas D. Thalken on 9/20/2004. (PAV, ) (Entered: 09/20/2004)

APPLICATION/ORDER admitting pro hac vice Attorney Kim R. Rogers for Plaintiff Equal Employment Opportunity Commission. Signed by Deputy Clerk on 11/22/2004. (JAE, ) (Entered: 11/22/2004)

Unopposed MOTION to Withdraw as Attorney by Attorney Michael B. Kratville on behalf of Cross Claimant Lou Rollins(Kratville, Michael) (Entered: 03/01/2005)

ORDER - The motion for leave to withdraw of Michael Kratville as counsel for the Lou Rollins 70 is granted. Lou Rollins shall have until March 28, 2005, to have substitute counsel entera formal appearance on her behalf. If no appearance is made by March 28, 2005, Lou Rollins will be deemed to be proceeding pro se and counsel for the other parties may contact Lou Rollins directly. The Clerk of Court shall mail of copy of this order to the intervenor:Lou Rollins115 Southhills DriveHershey, PA 17033. Signed by Magistrate Judge Thomas D. Thalken on 3/1/2005. - (clerk has done as directed) (KBJ) (Entered: 03/01/2005)

ORDER - Planning Conference is re-set for 3/28/2005 at 10:15 AM before Magistrate Judge Thomas D. Thalken. Plaintiff's counsel shall initiate the telephoneconference. Signed by Magistrate Judge Thomas D. Thalken on 3/3/2005. (PAV, ) (Entered: 03/03/2005)

ORDER - Planning Conference re-set for 6/20/2005 at 01:30 PM before Magistrate Judge Thomas D. Thalken. Plaintiff's counsel shall initiate the telephone conference. Signed by Magistrate Judge Thomas D. Thalken on 3/29/2005. (PAV, ) (Entered: 03/29/2005)

APPLICATION/ORDER admitting pro hac vice Attorney Patricia S. Bangert for Cross Claimant Lou Rollins, Intervenor Plaintiff Lou Rollins. Signed by Deputy Clerk on 5/16/2005. (ADB) (Entered: 05/16/2005)

NOTICE of Appearance by Attorney Patricia S. Bangert on behalf of Intervenor/ Cross Claimant Plaintiff Lou Rollins (KBJ) (Entered: 05/16/2005)

MOTION regarding Order on Motion to Dismiss 65 Under Rule 60 by Attorney Patricia S. Bangert on behalf of Intervenor Plaintiff Lou Rollins, Cross Claimant Lou Rollins(Bangert, Patricia) (Entered: 05/24/2005)

BRIEF In Support of Motion for Miscellaneous Relief 76 by Attorney Patricia S. Bangert on behalf of Intervenor Plaintiff Lou Rollins, Cross Claimant Lou Rollins(Bangert, Patricia) (Entered: 05/24/2005)

INDEX In Support of Motion for Miscellaneous Relief 76 Under Rule 60 by Attorney Patricia S. Bangert on behalf of Intervenor Plaintiff Lou Rollins, Cross Claimant Lou Rollins (Attachments: # 1 Affidavit Declaration of Louella Rollins)(Bangert, Patricia) (Entered: 05/24/2005)

DECLARATION regarding MOTION regarding Order on Motion to Dismiss 65 Under Rule 60 76 With Exhibits 1 and 2 by Attorney Patricia S. Bangert on behalf of Intervenor Plaintiff Lou Rollins, Cross Claimant Lou Rollins (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Bangert, Patricia) (Entered: 05/24/2005)

Mail Returned as Undeliverable addressed to mkrat@neonramp.com regarding Brief 77 , and MOTION regarding Order on Motion to Dismiss 76 . E-mail NOT RESENT as attorney received electronic notification at secondary e-mail address. This e-mail address is also good. (JAE, ) (Entered: 05/25/2005)

DECLARATION regarding MOTION regarding Order on Motion to Dismiss 65 Under Rule 60 76 Exhibit 3, pp.1-5 by Attorney Patricia S. Bangert on behalf of Intervenor Plaintiff Lou Rollins, Cross Claimant Lou Rollins (Attachments: # 1 Exhibit 3, pp.1-5)(Bangert, Patricia) (Entered: 05/28/2005)

DECLARATION regarding MOTION regarding Order on Motion to Dismiss 65 Under Rule 60 76 Exhibit 3, pp. 6-10 by Attorney Patricia S. Bangert on behalf of Intervenor Plaintiff Lou Rollins, Cross Claimant Lou Rollins (Attachments: # 1 Certificate of Service)(Bangert, Patricia) (Entered: 05/28/2005)