Case: EEOC v. Berge Ford, Inc.

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (LSP) (Entered: 05/22/2002)

RETURN OF SERVICE EXECUTED summons/complaint upon dft Berge Ford Inc by service upon Scott Ellsworth, Secretary, in Mesa, AZ on 5/21/02 (LAD) (Entered: 05/23/2002)

RETURN OF SERVICE EXECUTED summons/complaint upon dft Auto Care Center LLC by service upon Statutory Agent FC Service Corporation (Alicia Millford) in Phoenix, AZ on 5/21/02 (LAD) (Entered: 05/23/2002)

ANSWER to complaint [1-1] by dft Berge Ford Inc, dft Auto Care Center LLC (LAD) (Entered: 06/18/2002)

ORDER by Judge Susan R. Bolton scheduling conf set for 10:15 8/12/02 ; this action is designated a standard track case; all parties are directed to meet at least 21 days before the scheduling conference in accordance with Rule 26(f), Federal Rules of Civil Procedure; FURTHER ORDERED that at the Rule 26(f) case management meeting, the parties shall develop a proposed case management plan; FURTHER ORDERED that counsel shall jointly file their proposed case management plan with the Clerk of Court not less than 5 days before the Pretrial Scheduling Conference (cc: all counsel) (LAD) (Entered: 06/18/2002)

JOINT CASE MANAGEMENT REPORT: joint pretrial order ddl 7/25/03; discovery cutoff 4/30/03; dispositive motions filing ddl 6/30/03 (LAD) (Entered: 08/06/2002)

MINUTE ENTRY before Judge Susan R. Bolton. Crt Rptr: Kim Myrick. Appearances: David Lopez for pla; Melissa Berren and Donald Johnsen for dfts. Prel scheduling conf held. The Court enters the following deadlines: discovery ddl set for 4/30/03 ; dispositive motions due 6/30/03 ; motions in limine due 11/10/03 with responses due 11/19/03 - no reply; PTO ddl set for 11/17/03. IT IS ORDERED setting pretrial conference for 11/24/03 at 10:30 a.m. IT IS ORDERED setting jury trial for 12/9/03 at 9:00 a.m. (Estimated length: 3 days). Rule 16 Order to follow. Copy of Joint Proposed Pretrial Order provided to counsel this date. [cc: SRB] [8-2] (LMR) (Entered: 08/12/2002)

SCHEDULING ORDER by Judge Susan R. Bolton: discovery set for 4/30/03; dispositive motions due 6/30/03; joint proposed pretrial order ddl set for 11/17/03; pretrial conference deadline set for 11/24/03 at 10:30; jury trial is set for 12/9/03 at 9:00 (cc: all counsel) re: order (scheduling) [9-1] (LAD) (Entered: 08/13/2002)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dfts (LAD) (Entered: 08/28/2002)

NOTICE of service of discovery by dfts. (LAD) (Entered: 08/28/2002)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 09/04/2002)

NOTICE of service of discovery by pla EEOC . (LAD) (Entered: 09/26/2002)

NOTICE of compliance of 1st supplemental disclosure statement pursuant to FRCivP 26(a) by dfts (LAD) (Entered: 10/16/2002)

NOTICE by dfts OF TAKING DEPO OF Mailyn C Pickler on the following date(s): 1/13/03 at 1 pm (LAD) (Entered: 12/17/2002)

NOTICE of service of discovery by pla EEOC . (LAD) (Entered: 12/24/2002)

NOTICE by pla OF TAKING DEPO OF Tina Gillette on the following date(s): 3/17/03 (SAT) (Entered: 02/26/2003)

NOTICE by pla OF TAKING DEPO OF Al Beseler on the following date(s): 3/27/03 (SAT) (Entered: 02/26/2003)

NOTICE by pla OF TAKING DEPO OF Dennis Crutcher on the following date(s): 3/27/03 (SAT) (Entered: 02/26/2003)

AMENDED NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Ron Woodward on the following date(s): 3/27/03 at 9 am (LAD) (Entered: 03/03/2003)

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Tina Gillette on the following date(s): 3/28/03 at 9 am (LAD) (Entered: 03/03/2003)

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Al Beseler on the following date(s): 4/8/03 at 9 am (LAD) (Entered: 03/03/2003)

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Jim Crutcher on the following date(s): 4/8/03 at 1 pm (LAD) (Entered: 03/03/2003)

NOTICE of compliance of 1st supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 03/06/2003)

NOTICE of compliance of 2nd supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 03/10/2003)

2ND AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Ron Woodward on the following date(s): 4/1/03 at 9:30 am (LAD) (Entered: 04/01/2003)

AMENDED NOTICE by dfts OF TAKING DEPO OF Mailyn C Pickler on the following date(s): 4/22/03 at 9:30 am (LAD) (Entered: 04/04/2003)

STIPULATION to extend time of discovery deadlines (for 60 days) by pla, dfts (no proposed documents) (LAD) (Entered: 04/22/2003)

ORDER by Judge Susan R. Bolton granting stipulation to extend time of discovery deadlines (for 60 days) by pla, dfts (no proposed documents) discovery ddl reset for 6/30/03; dispositive motions ddl reset to 8/30/03 ; joint letter concerning status of settlement discussions and progress of discovery: 6/6/03 and every 4 mos thereafter (cc: all counsel) (LAD) (Entered: 04/22/2003)

NOTICE of service of discovery by pla EEOC (LAD) (Entered: 05/08/2003)

NOTICE of compliance of second supplemental disclosure statement pursuant to FRCivP 26(a) by dft (DMT) (Entered: 05/09/2003)

NOTICE by pla OF TAKING DEPO OF custodian of records for Sheakley UniService on the following date(s): 5/30/03 (DMT) (Entered: 05/09/2003)

NOTICE of service of third supplemental disclosure statement pursuant to FRCivP 26(a) by dfts (CMM) (Entered: 05/15/2003)

NOTICE of compliance of 4th supplemental disclosure statement pursuant to FRCivP 26(a) by dfts (LAD) (Entered: 05/29/2003)

NOTICE of compliance of 3rd supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 06/02/2003)

NOTICE of compliance of 4th supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 06/10/2003)

JOINT MOTION to extend time of deadlines (discovery to 7/25/03; supplementation of discovery to 7/3/03 and dispositive motions to 8/22/03) by pla EEOC, dft Berge Ford Inc, dft Auto Care Center LLC [38-1] (LAD) (Entered: 06/17/2003)

NOTICE by pla EEOC OF TAKING DEPO OF Terri Stevenson on the following date(s): 6/25/03 at 9 am (LAD) (Entered: 06/17/2003)

NOTICE by pla EEOC OF TAKING DEPO OF Connie Eastman on the following date(s): 6/26/03 at 9 am (LAD) (Entered: 06/17/2003)

2ND AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Al Beseler on the following date(s): 6/26/03 at 10 am (LAD) (Entered: 06/17/2003)

ORDER by Judge Susan R. Bolton granting motion to extend time of deadlines (discovery to 7/25/03; supplementation of discovery to 7/3/03 and dispositive motions to 8/22/03) by pla EEOC, dft Berge Ford Inc, dft Auto Care Center LLC [38-1] discovery ddl reset for 7/25/03; supplementation of discovery reset to 7/3/03; dispositive motions ddl reset to 8/22/03 (cc: all counsel) (LAD) (Entered: 06/19/2003)

3RD AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Al Beseler on the following date(s): 7/14/03 at 1 pm (LAD) (Entered: 07/01/2003)

NOTICE of service of discovery papers by dfts. (former emp) (Entered: 07/02/2003)

NOTICE of service of discovery by dfts. (LAD) (Entered: 07/16/2003)

NOTICE of service of discovery by dfts. (LAD) (Entered: 07/16/2003)

NOTICE of compliance of Pla's 5th Supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (FMP) (Entered: 07/17/2003)

NOTICE of compliance of 6th supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 07/29/2003)

NOTICE by pla EEOC OF TAKING DEPO OF Al Beseler on the following date(s): 8/19/03 (former emp) (Entered: 08/06/2003)

JOINT MOTION to allow deposition after close of discovery by pla, dfts [50-1] (LAD) (Entered: 08/13/2003)

STIPULATION to admit documents into evidence (re personnel and unemployment documents) by pla, dfts (no proposed documents provided) (LAD) (Entered: 08/13/2003)

ORDER by Judge Susan R. Bolton granting motion to allow deposition after close of discovery by pla, dfts [50-1]; EEOC to be allowed to take the deposition of Mr Alfred Beseler after the close of discovery; granting stipulation to admit documents into evidence (re personnel and unemployment documents) by pla, dfts (no proposed documents provided); the parties will not challenge the authenticity of documents purportedly signed by Terry Stevenson (cc: all counsel) (LAD) (Entered: 08/13/2003)

MOTION for partial summary judgment as to liability for pregnancy discrimination and on dfts' affirmative defense for failure to exhaust administrative remedies by pla EEOC [52-1] (LAD) (Entered: 08/26/2003)

STATEMENT OF UNDISPUTED FACTS by pla EEOC re motion for partial summary judgment as to liability for pregnancy discrimination and on dfts' affirmative defense for failure to exhaust administrative remedies by pla EEOC [52-1] (LAD) (Entered: 08/26/2003)

MEMORANDUM IN SUPPORT by pla EEOC of motion for partial summary judgment as to liability for pregnancy discrimination and on dfts' affirmative defense for failure to exhaust administrative remedies by pla EEOC [52-1] (LAD) (Entered: 08/26/2003)

MOTION for summary judgment (on pla's complaint) by dfts [55-1] (LAD) (Entered: 09/04/2003)

SEPARATE STATEMENT OF FACTS by dfts re motion for summary judgment (on pla's complaint) by dfts [55-1] (BULKY DOCUMENT) (LAD) (Entered: 09/04/2003)

ORDER by Judge Susan R. Bolton striking motion for summary judgment (on pla's complaint) by dfts [55-1] (cc: all counsel) (LAD) (Entered: 09/10/2003)

NOTICE OF FILING ORIGINAL SIGNED AFFIDAVIT of John Pickler in support of statement of facts [53-1] by pla EEOC (LAD) (Entered: 09/23/2003)

MOTION for reconsideration of 9/9/03 order striking motion for summary judgment by dfts [59-1] and to extend time for submission of motion for summary judgment (to 9/2/03) by dfts [59-2] (motion for summary judgment previously filed and striken) (LAD) (Entered: 09/25/2003)

RESPONSE (OPPOSITION) by dfts to motion for partial summary judgment as to liability for pregnancy discrimination and on dfts' affirmative defense for failure to exhaust administrative remedies by pla EEOC [52-1] (LAD) (Entered: 09/25/2003)

STATEMENT OF CONTROVERTING FACTS by dfts in opposition to motion for partial summary judgment as to liability for pregnancy discrimination and dfts' affirmative defense for failure to exhaust administrative remedies by pla EEOC [52-1] (BULKY DOCUMENT) (LAD) (Entered: 09/25/2003)

NOTICE OF HEARING by dfts setting motion for partial summary judgment as to liability for pregnancy discrimination and dfts' affirmative defense for failure to exhaust administrative remedies by pla EEOC [52- 1] at 10:00 12/8/03 (LAD) (Entered: 10/06/2003)

ORDER by Judge Susan R. Bolton granting motion for reconsideration of 9/9/03 order striking motion for summary judgment by dfts [59-1], granting motion to extend time for submission of motion for summary judgment (to 9/2/03) by dfts [59-2] (motion for summary judgment previously filed and striken); the Court will consider the motion for summary judgment (on pla's complaint) by dfts [55-1] filed 9/2/03; FURTHER ORDERED pla shall file its response not later than 11/3/03; FURTHER ORDERED vacating the pretrial conference; pretrial order deadline, jury trial and motion in limine deadline to be reset after the dispositive motions have been ruled on (cc: all counsel) (LAD) (Entered: 10/06/2003)

MOTION to strike (testimony and documents submitted by dfts in response/opposition to pla's motion for partial summary judgment) by pla EEOC [64-1] (LAD) (Entered: 10/16/2003)

MOTION to exceed the page limit for doc(s) reply in support of motionf for summary judgment by pla EEOC [65-1] (proposed reply lodged at docket clerk's desk) (LAD) (Entered: 10/16/2003)

LODGED reply to motion for summary judgment by pla EEOC (LAD) (Entered: 10/16/2003)

ORDER by Judge Susan R. Bolton granting motion to exceed the page limit for doc(s) reply in support of motionf for summary judgment by pla EEOC [65-1] (proposed reply lodged at docket clerk's desk) lodged document [0-0] terminated (cc: all counsel) (LAD) (Entered: 10/17/2003)

REPLY by pla EEOC to response to motion for partial summary judgment as to liability for pregnancy discrimination and on dfts' affirmative defense for failure to exhaust administrative remedies by pla EEOC [52-1] (OK to file per order #66 10/17/03) (LAD) (Entered: 10/17/2003)

MOTION to strike certain facts offered by dft in support of motion for summary judgment (all or portions of 75 facts improperly before the Court and incorporated in motion for summary judgment) by pla EEOC [69-1] (LAD) (Entered: 11/05/2003)

MEMORANDUM IN SUPPORT by pla EEOC of motion to strike certain facts offered by dft in support of motion for summary judgment (all or portions of 75 facts improperly before the Court and incorporated in motion for summary judgment) by pla EEOC [69-1] (LAD) (Entered: 11/05/2003)

MOTION to exceed the page limit for doc(s) response in opposition to motion for summary judgment by pla EEOC [71-1] (proposed response and controverted statement of facts lodged at docket clerk's desk) (LAD) (Entered: 11/05/2003)

LODGED response in opposition to motion for summary judgment and controverted statement in support of opposition (response) to motion for partial summary judgment by pla EEOC (LAD) (Entered: 11/05/2003)

ORDER by Judge Susan R. Bolton granting motion to exceed the page limit for doc(s) response in opposition to motion for summary judgment by pla EEOC [71-1] (proposed response and controverted statement of facts lodged at docket clerk's desk) lodged document [0-0] terminated (cc: all counsel) (LAD) (Entered: 11/05/2003)

RESPONSE by pla EEOC in opposition to motion for summary judgment (on pla's complaint) by dfts [55-1] (OK to file per order #72 11/5/03) (LAD) (Entered: 11/05/2003)

CONTROVERTED STATEMENT OF FACTS by pla EEOC in support of opposition (response) to motion for partial summary judgment [73-1] (OK to file per order #72 11/5/03; BULKY DOCUMENT) (LAD) (Entered: 11/05/2003)

REPLY by pla to response to motion to strike (testimony and documents submitted by dfts in response/opposition to pla's motion for partial summary judgment) by pla EEOC [64-1] (DMT) (Entered: 11/07/2003)

REPLY by dfts to response in Support of Motion for summary judgment (on pla's complaint) by dfts [55-1] (SAT) (Entered: 11/25/2003)

MINUTE ENTRY before Judge Susan R. Bolton . Crt Rptr: Kim Myrick. Appearances: P. David Lopez and Michelle Marshall for pla; Donald Johnsen for dfts. Hearing held re: Pla's Motion for Partial Summary Judgment and Defendant's Motion for Summary Judgment. Argument presented. For reasons as stated on the record, IT IS ORDERED denying motion for summary judgment (on pla's complaint) by dfts [55-1] and taking under advisement the motion for partial summary judgment as to liability for pregnancy discrimination and on dfts' affirmative defense for failure to exhaust administrative remedies by pla EEOC [52-1]. [cc: SRB] [77-1] (MAW) (Entered: 12/08/2003)

Transcript Designation and Ordering Form by pla EEOC re motion for summary judgment hearing 12/8/03 (LAD) (Entered: 01/16/2004)

TRANSCRIPT of motion for summary judgment hearing by Court Reporter: Kim R Myrick for the following date(s): 12/8/03 (BULKY DOCUMENT) (LAD) (Entered: 01/20/2004)

ORDER by Judge Susan R. Bolton granting in part and denying in part the motion to strike (testimony and documents submitted by dfts in response/opposition to pla's motion for partial summary judgment) by pla EEOC [64-1] and striking dfts' controverting statement of facts [61-1] paragraphs 97-98, 100-103, 117 and exhibit F (2/1/01 memo to file) as well as section II of the dfts' opposition to pla's motion for summary judgment [60-1] entitled "the Commission is not entitled to summary judgment on its claim for punitive damages;" denying motion to strike certain facts offered by dft in support of motion for summary judgment (all or portions of 75 facts improperly before the Court and incorporated in motion for summary judgment) by pla EEOC [69-1]; granting in part and denying in part the motion for partial summary judgment as to liability for pregnancy discrimination and on dfts' affirmative defense for failure to exhaust administrative remedies by pla EEOC [52-1]; summary judgment is denied as to the issue of liability and granted as to the issue of exhaustion of administrative remedies (cc: all counsel) (LAD) (Entered: 03/05/2004)

MINUTE ORDER IT IS ORDERED setting motions in limine deadline on 6/14/04 w/ resposes due 6/23/04 - no reply; pretrial order deadline set for 6/21/04. IT IS FURTHER ORDERED setting Pretrial conference on 6/28/04 at 9:30 a.m. IT IS FURTHER ORDERED setting jury trial on 7/13/04 at 9:00 a.m. Estimated length: 3 days. A copy of the Joint Proposed Pretrial Order is attached to counsels' copy of this minute order. (cc: all counsel; SRB) [81-2] (MAW) (Entered: 03/29/2004)

The Court has ORDERED that effective June 28, 2004, the above captioned matter is reassigned to Judge Neil V. Wake for all further proceedings. Any hearing, conference, or trial scheduled to be held between 6/28/04 and 7/9/04, is vacated. All other matters remain as scheduled. It is FURTHER ORDERED that counsel review and comply with the attached instructions. All further pleadings and papers filed in this action on or after 6/28/04, should bear the complete case number and judge's initials, as shown above. (cc: all counsel/NVW/ SRB) [82-1] (KAL) (Entered: 06/01/2004)

JOINT MOTION for entry of consent decree by pla, dfts [83-1] (LAD) (Entered: 06/10/2004)

MINUTE ORDER: In the above entitled matter, the Court has this date ORDERED that the notice dated 6/1/04, reassigning this matter to the Hon. Neil V. Wake effective June 28, 2004, is hereby vacated. This case will remain assigned to the Hon. Susan R. Bolton for all current and future proceedings. (cc: all counsel/NVW/SRB) [84-1] re: order (minute) [84-1] (TCA) (Entered: 06/10/2004)

CONSENT JUDGMENT/DECREE by Judge Susan R. Bolton: granting motion for entry of consent decree by pla, dfts [83-1] to dismiss case ; Berge Ford, its officers, agents, employees, successors and assigns, both at the time that this Decree becomes effective, and for the duration of this Decree, agrees to refrain from (a) discriminating against any employee based on pregnancy; (b) retaliating against any employee because he or she (i) opposes or opposed discriminatory practices made unlawful by Title VII; (ii) files or filed a charge of discrimination; or (iii) assists, assisted, participates or participated in an investigation or proceeding brought under Federal or State laws prohibiting discrimination or retaliation; in settlement of the Commission's and Ms Pickler's existing claims against dfts, Berge Ford agrees to pay the total amount of $70,000.00 to Mailyn Pickler within 30 days of the entry of this decree; Berge Ford agrees to carry out policies and practices at its Mesa, AZ Auto Care Center location that help assure a work environment free from pregnancy-based discrimination of its applicants and employees and that allows applicants and employees to raise concerns or complaints without retaliation about matters, whether alleged, perceived or actual, made unlawful by Title VII; at the time that this Decree becomes effective and for the duration of this Decree, Berge Ford shall post, in a prominent place frequented by its employees at all of its Arizona locations, the Notice attached as Attachment A; within 90 days...Berge Ford agrees to provide Pregnancy Discrimination Act (PDA) training for its management, employees, its personnel managers, and any individual involved in the hiring, disciplinary or termination process at its Mesa, AZ Auto Care Center location; dfts shall report in writing and in affidavit from to the Regional Attorney of the Commission's Phoenix Office...beginning 6 mos from the date of the entry of this Decree and thereafter every 6 mos for the duration of the Decree....; each party shall bear its costs and attorneys' fees in this case through implementation of this Decree; the duration of the Decree shall be 18 mos from its entry (cc: all counsel/jgm drawer) (LAD) (Entered: 06/14/2004)