Case: EEOC v. Grief Brothers Corporation

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT with Jury Demand filed (SG) (Entered: 07/03/2002)

SUMMONS issued for Grief Bros Corporati (SG) (Entered: 07/03/2002)

SUMMONS issued for Grief Bros Corporati (SG)

MOTION with Declarations by Grief Bros Corporation for David A. Campbell and Andrew C. Smith to Appear Pro Hac Vice (SG) (Entered: 08/08/2002)

WAIVER OF SERVICE Returned Executed as to Grief Bros Corporati . Request mailed on 7/8/02 . Answer due on 9/6/02 for Grief Bros Corporati (SG) (Entered: 08/16/2002)

ORDER granting [2-1] motion for David A. Campbell and Andrew C. Smith to Appear Pro Hac Vice upon filing of the admission fee and directing local counsel to provide the Court with the attorneys' mailing addresses (signed by USDJ William M. Skretny) Notice and copy of order sent to Katherine E. Bissel, Hugh M. Russ, III (SG) (Entered: 08/16/2002)

PRO HAC VICE fee paid for David A. Campbell and Andrew C. Smith (DMZ) (Entered: 08/21/2002)

PRO HAC VICE fee paid for David A. Campbell and Andrew C. Smith (DMZ)

ANSWER to Complaint by Grief Bros Corporati (Attorney Hugh M. Russ, III ) (SG) (Entered: 09/09/2002)

ORDER REFERRING CASE to USMJ Leslie G. Foschio for all pre-trial matters including but not limited to conducting scheduling conferences and entry of scheduling orders; hearing and disposition of all NON-DISPOSITIVE motions or applications; supervision of discovery and supervision of all procedural matters involving the aforementioned ( signed by USDJ William M. Skretny ) Notice and copy sent to Hugh M. Russ III, Katherine E. Bissel . (SG) (Entered: 09/18/2002)

ORDER, set Status Conference for 10:30 11/13/02 for the purpose of entry of a case management order (signed by USMJ Leslie G. Foschio) Notice and copy of order sent to Hugh M. Russ III, Katherine E. Bissel (SG) (Entered: 09/25/2002)

SCHEDULING ORDER setting DDL for Motions Join Parties/Amend Pleadings 12/20/02 Discovery cutoff 8/29/03 ; Defendant's expert witness ID deadline on 6/6/03 Plaintiff's expert witness ID deadline for 5/1/03 Motions to Compel Discovery due by 8/15/03 Further pretrial conference for 11:00 9/15/03 ; Deadline for filing of all dispositive motions 10/31/03 ; Final pretrial conference for 9:00 12/17/03 ; Trial Date set for 9:30 2/17/04 Pretrial Statements due 11/17/03 ( signed by USMJ Leslie G. Foschio ). Notice and copy of order sent to Hugh M. Russ III, Arnold J. Lizana III, Katherine E. Bissel**received for docketing on 11/18/02 (SG) Modified on 11/18/2002 (Entered: 11/18/2002)

Pre-trial conference held; Scheduling order shall be prepared and filed (LGF) (SG) (Entered: 11/19/2002)

STIPULATED PROTECTIVE ORDER and ORDER establishing "confidentiality" (signed by USMJ Leslie G. Foschio) Notice and copy of order sent to Hugh M. Russ III, Arnold J. Lizana III, Katherine E. Bissel . (SG) (Entered: 06/10/2003)

STIPULATION and ORDER, Amending defendant's Expert Witness disclosure deadline (signed by USMJ Leslie G. Foschio) Notice and copy of order sent to Hugh M. Russ III, Arnold J. Lizana III, Katherine E. Bissel . (SG) (Entered: 06/17/2003)

MOTION by Grief Bros Corporati to Compel Production of Medical Records, and for Psychiatric Examination of Michael Sabo (SG) (Entered: 06/25/2003)

CERTIFICATE OF SERVICE by Grief Bros Corporati [12-1] motion to Compel Production of Medical Records by Grief Bros Corporati, [12-2] motion for Psychiatric Examination of Michael Sabo by Grief Bros Corporati (SG) (Entered: 06/25/2003)

ORDER, Motion Hearing set for 10:00 on 8/20/03 for [12-1] motion to Compel Production of Medical Records and [12-2] motion for Psychiatric Examination of Michael Sabo, and Responses to Motions set to 7/18/03 and Reply to Responses to Motions set to 8/1/03 (signed by USMJ Leslie G. Foschio) Notice and copy of order sent to Hugh M. Russ III, Arnold J. Lizana III, Katherine E. Bissel (CMD) (Entered: 07/01/2003)

ORDER, terminated settlement conference deadline set for 9/15/03 pending the outcome of the settlement conference set before Judge Bianchini, set Settlement Conference for 4:00 9/11/03 before USMJ Bianchini (signed by USMJ Leslie G. Foschio) Notice and copy of order sent to Hugh M. Russ III, Arnold J. Lizana III, Katherine E. Bissel (SG) (Entered: 07/17/2003)

ORDER, setting settlement conference for 9/11/03 at 4:00 p.m. before USMJ Bianchini (signed by USMJ Leslie G. Foschio) Notice and copy of order sent to Hugh M. Russ III, Arnold J. Lizana III, Katherine E. Bissel (SG) (Entered: 07/17/2003)

RESPONSE by plaintiff EEOC in opposition to [12-1] motion to Compel Production of Medical Records by Grief Bros Corporati, [12-2] motion for Psychiatric Examination of Michael Sabo by Grief Bros Corporati (JMD) (Entered: 07/18/2003)

REPLY by Grief Bros Corporati to response to [12-1] motion to Compel Production of Medical Records by Grief Bros Corporati, [12-2] motion for Psychiatric Examination of Michael Sabo by Grief Bros Corporati (SG) (Entered: 08/04/2003)

MOTION (with Exhibits) by Grief Bros Corporation to Compel production of Michael Sabo's tax returns (SG) (Entered: 08/18/2003)

Motion hearing re: [12-1] motion to Compel Production of Medical Records by Grief Bros Corporati Motion hearing held, [12-2] motion for Psychiatric Examination of Michael Sabo by Grief Bros Corporati Motion hearing held; Court reserves decision; Scheduling order will be filed (LGF) (SG) (Entered: 08/28/2003)

ORDER, Response to Motion set to 9/19/03 for [19-1] motion to Compel production of Michael Sabo's tax returns, Reply to Response to Motion set to 9/29/03, Motion Hearing set for 10:00 10/8/03 (signed by USMJ Leslie G. Foschio) Notice and copy of order sent to Hugh M. Russ III, Arnold J. Lizana III, Katherine E. Bissel (SG) (Entered: 08/29/2003)

Exhibit by Defendant filed (Plaintiff's Deposition Transcript and Exhibits) (SG) (Entered: 09/02/2003)

ORDER granting [12-1] motion to Compel Production of Medical Records, granting [12-2] motion for Psychiatric Examination of Michael Sabo; Plaintiff's request that counsel be present or the examination recorded is Denied; Defendant's request for costs in connection with its Rule 35 motion is Denied; Defendant's costs in connection with defendant's motion to compel is Granted; Defendant's affidavit of costs shall be filed within 10 days of this Order; Plaintiff's response shall be filed within 10 days of defendant's filing; Oral argument will be at the court's discretion (signed by USMJ Leslie G. Foschio) Notice and copy of order sent to Hugh M. Russ III, Arnold J. Lizana III, Katherine E. Bissel (SG) (Entered: 09/02/2003)

SCHEDULING ORDER setting Discovery cutoff 10/29/03 ; Motions to Compel Discovery due by 10/15/03 Deadline for filing of all dispositive motions 12/31/03 ; Pretrial Statements due 1/9/04 Final pretrial conference for 9:00 1/15/04 ; Trial Date set for 9:30 4/20/04 ( signed by USMJ Leslie G. Foschio ). Notice and copy of order sent to Hugh M. Russ III, Arnold J. Lizana III, Katherine E. Bissel (SG) (Entered: 09/11/2003)

JOINT MOTION by EEOC to Extend Time for Discovery and Amendment of the parties 26(f) plan (SG) (Entered: 09/12/2003)

AFFIDAVIT by Grief Bros Corporation in support of Defendant's request for attorney fees (SG) (Entered: 09/12/2003)

MOTION by EEOC to Extend Time for Discovery and amendment of the Parties 26(f) Plan (SG) (Entered: 09/12/2003)

Settlement conference held; matter has been scheduled for further settlement conference on 3/8/04 (VEB) (SG) (Entered: 09/24/2003)

RESPONSE (with Exhibit) by EEOC to [19-1] motion to Compel production of Michael Sabo's tax returns by Grief Bros Corporati (SG) (Entered: 09/29/2003)

REPLY MEMORANDUM by Grief Bros Corporati in support of [19-1] motion to Compel production of Michael Sabo's tax returns by Grief Bros Corporati (SG) (Entered: 10/01/2003)

ORDER, granting defendant's motion for Attorney Fees in connection with the filing of the motion to compel medical records; Plaintiff shall shall pay defendant attorney fees in the amount of $2,055.00 ( signed by USMJ Leslie G. Foschio ) Notice and copy of order sent to Hugh M. Russ III, Arnold J. Lizana III, Katherine E. Bissel (SG) (Entered: 10/02/2003)

Minute Entry for proceedings held before Judge Leslie G. Foschio : Motion Hearing held on 10/8/2003 re 19 Motion to Compel filed by Grief Bros Corporation. Motion Denied. (SG, ) (Entered: 10/23/2003)

MOTION for Summary Judgment by Grief Bros Corporation. (SG, ) (Entered: 12/31/2003)

AFFIDAVIT of Darlene Hoegel re 33 MOTION for Summary Judgment by Grief Bros Corporation. (SG, ) (Entered: 12/31/2003)

AFFIDAVIT of Sally Knoer re 33 MOTION for Summary Judgment by Grief Bros Corporation. (SG, ) (Entered: 12/31/2003)

AFFIDAVIT of Anthony Monte re 33 MOTION for Summary Judgment by Grief Bros Corporation. (SG, ) (Entered: 12/31/2003)

AFFIDAVIT of Greg Wagoner re 33 MOTION for Summary Judgment by Grief Bros Corporation. (SG, ) (Entered: 12/31/2003)

AFFIDAVIT of Melissa Barker re 33 MOTION for Summary Judgment by Grief Bros Corporation. (SG, ) (Entered: 12/31/2003)

STATEMENT OF MATERIAL FACTS by Grief Bros Corporation Related document: 33 Motion for Summary Judgment. (SG, ) (Entered: 01/05/2004)

APPENDIX to Defendant's Statement of Material Facts (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L) (SG, ) (Entered: 01/05/2004)

CERTIFICATE OF SERVICE by Grief Bros Corporation re 33 MOTION for Summary Judgment, 34 Affidavit, 35 Affidavit, 36 Affidavit, 37 Affidavit, 38 Affidavit, 39 Statement of Facts, 40 Remark, (SG, ) (Entered: 01/05/2004)

ORDER Setting Oral Argument on 33 MOTION for Summary Judgment for 3/22/2004 at 10:00 AM before Hon. William M. Skretny. Response due 2/13/2004, Reply due 2/27/2004. Signed by Hon. William M. Skretny on 1/26/2004. (MEAL, ) (Entered: 01/27/2004)

Set/Reset Deadlines: Replies due by 2/27/2004. Responses due by 2/13/2004 (MEAL, ) (Entered: 01/27/2004)

Set/Reset Deadlines: Replies due by 2/27/2004. Responses due by 2/13/2004 (MEAL, )

ORDER Settlement Conference set for 3/8/2004 08:00 AM before Hon. Victor E. Bianchini.. Signed by Hon. Victor E. Bianchini on 2/10/2004. (SDW) (Entered: 02/10/2004)

RESPONSE to Defendant's Memorandum in Support of 33 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (SG, ) (Entered: 02/18/2004)

LOCAL RULE 56.1(b)(3)(A) RESPONSE to Defendant's Statement of Undisputed Material Facts by Plaintiff (SG, ) (Entered: 02/18/2004)

DECLARATION of Arnold J. Lizana by Equal Employment Opportunity Commission in support of Plaintiff's Motion for Summary Judgment. (Attachments: # 1 Exhibit Deposition of Michael Sabo# 2 Exhibit Deposition of John Drzyzga# 3 Exhibit Deposition of Jamie Milsom# 4 Exhibit Deposition of Ronald Parkhurst# 5 Exhibit Deposition of John Walters# 6 Exhibit Deposition of Michael Gerbec# 7 Exhibit Deposition of Greg Wagoner# 8 Exhibit 1# 9 Exhibit 2# 10 Exhibit 3# 11 Exhibit 4# 12 Exhibit 5# 13 Exhibit 6# 14 Exhibit 7)(SG, ) (Entered: 02/18/2004)

STIPULATED ORDER: Defendant's reply memorandum in support of its motion 33 for summary judgment is to be filed on or before 3/5/2004. Signed by Hon. William M. Skretny on 3/3/2004. (MEAL, ) (Entered: 03/04/2004)

AGREED ORDER as to delay of discovery. Signed by the Hon. William M. Skretny on 3/3/2004. (MEAL, ) (Entered: 03/04/2004)

REPLY to Response to Motion re 33 MOTION for Summary Judgment Reply Memorandum in Support of Defendant's Motion for Summary Judgment filed by Grief Bros Corporation. (Russ, Hugh) (Entered: 03/05/2004)

MOTION to Adjourn Oral Argument for Summary Judgment Motion by Grief Bros Corporation. (Attachments: # 1 Declaration# 2 Certificate of Service)(Yonkers, Jill) (Entered: 03/19/2004)

ORDER granting 50 Motion to Adjourn oral argument scheduled for 3/22/2004. Oral argument is now scheduled for 6/2/2004 at 10:00 a.m.. Signed by Judge William M. Skretny on 3/19/2004. (MEAL, ) (Entered: 03/19/2004)

ORDER Settlement Conference set for 5/4/2004 08:00 AM before Hon. Victor E. Bianchini. Lead counsel and representatives with full settlement authority are ordered to attend. Signed by Hon. Victor E. Bianchini on 3/23/2004. (SDW) (Entered: 03/23/2004)

Minute Entry for proceedings held before Judge Victor E. Bianchini : Settlement Conference held on 5/4/2004. No settlement at this time, no further settlement conferences scheduled. (SDW) (Entered: 05/11/2004)

Minute Entry for proceedings held before Judge William M. Skretny: Oral Argument on Defendant's Motion for Summary Judgment held on 6/2/2004. Court reserves decision. For the pltf. - Arnold Lizana, III, Nora Curtin. For the deft. - Andrew Smith, David Campbell. (Court Reporter Michelle McLaughlin.) (MEAL, ) (Entered: 06/04/2004)

Minute Entry for proceedings held before Judge William M. Skretny: Oral Argument on Defendant's Motion for Summary Judgment held on 6/2/2004. Court reserves decision. For the pltf. - Arnold Lizana, III, Nora Curtin. For the deft. - Andrew Smith, David Campbell. (Court Reporter Michelle McLaughlin.) (MEAL, )

MOTION for Leave to File A Letter Brief by Equal Employment Opportunity Commission. (Lizana, Arnold) (Entered: 08/05/2004)

TEXT ORDER GRANTING Plaintiff permission to file a supplemental brief in response to the Defendant's Motion for Summary Judgment. Said brief is to be in MEMORANDUM form and filed with the Clerk of the Court. A LETTER brief is NOT Acceptable. Issued by the Hon. William M. Skretny on 8/10/2004. (MEAL, ) (Entered: 08/11/2004)

TEXT ORDER GRANTING Plaintiff permission to file a supplemental brief in response to the Defendant's Motion for Summary Judgment. Said brief is to be in MEMORANDUM form and filed with the Clerk of the Court. A LETTER brief is NOT Acceptable. Issued by the Hon. William M. Skretny on 8/10/2004. (MEAL, )

MOTION for Summary Judgment by Grief Bros Corporation. (Russ, Hugh) (Entered: 08/24/2004)

DECLARATION signed by Hugh M. Russ, III re 55 MOTION for Summary Judgment filed by Grief Bros Corporation. (Russ, Hugh) (Entered: 08/24/2004)

CERTIFICATE OF SERVICE by Grief Bros Corporation re 55 MOTION for Summary Judgment, 56 Declaration (Russ, Hugh) (Entered: 08/24/2004)

MEMORANDUM in Opposition re 33 MOTION for Summary Judgment (Supplemental) filed by Equal Employment Opportunity Commission. (Lizana, Arnold) (Entered: 09/07/2004)

TEXT ORDER GRANTING 55 Defendant's MOTION for Permission to file a reply brief. Reply brief is due by 9/24/2004, not be exceed 5 pages. SO ORDERED. Issued by the Hon. William M. Skretny on 9/8/2004. (MEAL, ) (Entered: 09/10/2004)

TEXT ORDER GRANTING 55 Defendant's MOTION for Permission to file a reply brief. Reply brief is due by 9/24/2004, not be exceed 5 pages. SO ORDERED. Issued by the Hon. William M. Skretny on 9/8/2004. (MEAL, )

MEMORANDUM in Support re 55 MOTION for Summary Judgment filed by Grief Bros Corporation. (Russ, Hugh) (Entered: 09/24/2004)

CERTIFICATE OF SERVICE by Grief Bros Corporation re 59 Memorandum in Support of Motion (Russ, Hugh) (Entered: 09/24/2004)

DECISION AND ORDER DENYING 33 Defendant's Motion for Summary Judgment. Signed by the Hon. William M. Skretny on 9/30/2004. (MEAL, ) (Entered: 09/30/2004)

TEXTORDER. Counsel for the parties shall appear before this Court for a Status Conference on 10/25/2004 at 9:00 AM.. Issued by the Hon. William M. Skretny on 10/6/2004. (MEAL, ) (Entered: 10/07/2004)

TEXTORDER. Counsel for the parties shall appear before this Court for a Status Conference on 10/25/2004 at 9:00 AM.. Issued by the Hon. William M. Skretny on 10/6/2004. (MEAL, )

MOTION to Adjourn conference dated October 25, 2004 by Grief Bros Corporation. (Russ, Hugh) (Entered: 10/18/2004)

AFFIDAVIT re 62 MOTION to Adjourn conference dated October 25, 2004 by Grief Bros Corporation. (Russ, Hugh) (Entered: 10/18/2004)

CERTIFICATE OF SERVICE by Grief Bros Corporation re 62 MOTION to Adjourn conference dated October 25, 2004, 63 Affidavit (Russ, Hugh) (Entered: 10/18/2004)

TEXT ORDER GRANTING 62 Defendant's MOTION to Adjourn conference of October 25, 2004. The Status Conference is ADJOURNED to 11/3/2004 at 2:00 PM. SO ORDERED. Issued by the Hon. William M. Skretny on 10/21/2004. (MEAL,) (Entered: 10/21/2004)

TEXT ORDER GRANTING 62 Defendant's MOTION to Adjourn conference of October 25, 2004. The Status Conference is ADJOURNED to 11/3/2004 at 2:00 PM. SO ORDERED. Issued by the Hon. William M. Skretny on 10/21/2004. (MEAL,)

Minute Entry for proceedings held before the Hon. William M. Skretny: Status Conference held on 11/3/2004. A settlement conference is scheduled before Judge Bianchini for 12/9/2004 at 8:00 a.m.. Order to be issued. Clients to be present. No exceptions. Counsel to report to this Court in person upon completion of the settlement conference on 12/9/2004. Jury selection and Jury Trial is set for 4/11/2005 at 9:30 AM before the Hon. William M. Skretny. Counsel advised that expert discovery is needed. For the pltf. - Hugh Russ, Andrew Smith. For the deft. - Nora Curtin, Arnold J. Lizana, III(Court Reporter Michelle McLaughlin.) (MEAL, ) (Entered: 11/05/2004)

Minute Entry for proceedings held before the Hon. William M. Skretny: Status Conference held on 11/3/2004. A settlement conference is scheduled before Judge Bianchini for 12/9/2004 at 8:00 a.m.. Order to be issued. Clients to be present. No exceptions. Counsel to report to this Court in person upon completion of the settlement conference on 12/9/2004. Jury selection and Jury Trial is set for 4/11/2005 at 9:30 AM before the Hon. William M. Skretny. Counsel advised that expert discovery is needed. For the pltf. - Hugh Russ, Andrew Smith. For the deft. - Nora Curtin, Arnold J. Lizana, III(Court Reporter Michelle McLaughlin.) (MEAL, )

ORDER. A Settlement Conference is scheduled for 12/9/2004 at 8:00 AM before the Hon. Victor E. Bianchini. Signed by the Hon. William M. Skretny on 11/3/2004. (MEAL, ) (Entered: 11/04/2004)

Minute Entry for proceedings held before Judge Victor E. Bianchini : Settlement Conference held on 12/9/2004. Case settled. Chambers were notified of the settlement terms. (SDW) (Entered: 12/20/2004)

Minute Entry for proceedings held before Judge Victor E. Bianchini : Settlement Conference held on 12/9/2004. Case settled. Chambers were notified of the settlement terms. (SDW)

TEXT ORDER. This matter was settled on 12/9/2004. To date, the parties have not filed a consent judgment or stipulation of discontinuance. The parties shall file the appropriate document on or before 6/30/2005. SO ORDERED. Issued by the Hon. William M. Skretny on 6/8/2005. (MEAL) (Entered: 06/09/2005)

TEXT ORDER. This matter was settled on 12/9/2004. To date, the parties have not filed a consent judgment or stipulation of discontinuance. The parties shall file the appropriate document on or before 6/30/2005. SO ORDERED. Issued by the Hon. William M. Skretny on 6/8/2005. (MEAL)

MOTION for Extension of Time to File Consent Decree by Equal Employment Opportunity Commission.(Lizana, Arnold) (Entered: 06/28/2005)

DECLARATION in support of Motion for Extension of Time to File Consent Decree by Equal Employment Opportunity Commission.(Lizana, Arnold) Modified on 6/29/2005 to correct title of document (SG, ). (Entered: 06/28/2005)

E-Filing Error Corrected: Document is not a motion and the document title will be corrected to Declaration and the motion will be terminated; attorney is directed to only use the motion event when filing a motion 67 MOTION for Extension of Time to File Consent Decree (SG, ) (Entered: 06/29/2005)

E-Filing Error Corrected: Document is not a motion and the document title will be corrected to Declaration and the motion will be terminated; attorney is directed to only use the motion event when filing a motion 67 MOTION for Extension of Time to File Consent Decree (SG, )

TEXT ORDER. Plaintiff's 66 Motion for an Extension of Time until 7/15/2005 to File a Consent Decree is GRANTED. SO ORDERED. Issued by the Hon. William M. Skretny on 7/9/2005. (MEAL) (Entered: 07/11/2005)

TEXT ORDER. Plaintiff's 66 Motion for an Extension of Time until 7/15/2005 to File a Consent Decree is GRANTED. SO ORDERED. Issued by the Hon. William M. Skretny on 7/9/2005. (MEAL)

ORDER. A Settlement Conference is scheduled for 9/29/2005 at 5:30 PM before the Hon. Victor E. Bianchini.Signed by the Hon. William M. Skretny on 7/24/2005. (MEAL) (Entered: 07/25/2005)

Minute Entry for proceedings held before Judge Victor E. Bianchini : Settlement Conference held on 9/29/2005. Case did not settle, further Settlement Conference set for 10/27/2005 12:00 PM before Hon. Victor E. Bianchini. (SDW) (Entered: 10/07/2005)

Minute Entry for proceedings held before Judge Victor E. Bianchini : Settlement Conference held on 9/29/2005. Case did not settle, further Settlement Conference set for 10/27/2005 12:00 PM before Hon. Victor E. Bianchini. (SDW)

Set/Reset Hearings: Settlement Conference set for 1/27/2006 10:00 AM before Hon. Victor E. Bianchini; adjourned from 10/27/2005 at 12:00 noon. (SDW) (Entered: 10/27/2005)

Set/Reset Hearings: Settlement Conference set for 1/27/2006 10:00 AM before Hon. Victor E. Bianchini. (SDW) (Entered: 11/03/2005)

Set/Reset Hearings: Settlement Conference set for 1/27/2006 10:00 AM before Hon. Victor E. Bianchini; adjourned from 10/27/2005 at 12:00 noon. (SDW)

Set/Reset Hearings: Settlement Conference set for 1/27/2006 10:00 AM before Hon. Victor E. Bianchini. (SDW)