Case: EEOC v. Kimball International, Inc. d/b/a Flexcel

2:05-cv-00371 | U.S. District Court for the District of Idaho

Filed Date: Sept. 14, 2005

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On September 14, 2005, the Equal Employment Opportunity Commission (EEOC) filed this suit in the U.S. District Court for the District of Idaho. The EEOC sued Kimball International, Inc., doing business as Flexcel, under the Age Discrimination in Employment Act (ADEA). The EEOC sought injunctive relief and back pay on behalf of a Flexcel employee alleging age discrimination.

On June 29, 2006, the defendant filed a motion for summary judgment. On February 1, 2007, District Judge Edward L. Lodge granted the defendant’s motion and dismissed the case in its entirety.

On March 30, 2007, the EEOC filed an appeal. The appeal was voluntarily dismissed on June 21, 2007.

The case is now closed.

Summary Authors

Aaron Weismann (7/17/2007)

Ashton Dubey (11/15/2019)

Documents in the Clearinghouse

Document

07-35403

Docket [USCA]

U. S. Court of Appeals for the Ninth Circuit

May 18, 2007

May 18, 2007

Docket

2:05-cv-00371

Docket

May 23, 2007

May 23, 2007

Docket
1

2:05-cv-00371

Complaint

Sept. 14, 2005

Sept. 14, 2005

Complaint
41

2:05-cv-00371

Memorandum Order

Feb. 1, 2007

Feb. 1, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4698091/equal-employment-opportunity-commission-v-kimball-international-inc/

Last updated Aug. 1, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Kimball International, Inc. Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(jlg, ) (Entered: 09/16/2005)

Sept. 14, 2005

Sept. 14, 2005

2

NOTICE of Case Number Change re 1 Complaint. Old case number CV 05-371-S-LMB, new case number CV 05-371-N-LMB. (jlg, )

Sept. 16, 2005

Sept. 16, 2005

3

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Equal Employment Opportunity Commission re 1 Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )

Sept. 16, 2005

Sept. 16, 2005

4

ORDER - Parties to discuss Litigation Plan within 60 days. Litigation Plan and consent forms to be filed within 90 days of this order or Plaintiff shall submit a written report advising of the status of this case. Plaintiff shall serve this order on parties not represented on the Court's Certificate of Mailing. Signed by Judge Larry M. Boyle. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )

Sept. 21, 2005

Sept. 21, 2005

5

ANSWER to Complaint by Kimball International, Inc..(Fulgham, Mischelle)

Oct. 13, 2005

Oct. 13, 2005

6

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Kimball International, Inc. re 5 Answer to Complaint (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by wm, )

Oct. 17, 2005

Oct. 17, 2005

7

APPLICATION AND APPROVAL FOR ADMISSION PRO HAC VICE, Attorney Timothy P Reilly for Kimball International, Inc. added. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by wm, )

Oct. 18, 2005

Oct. 18, 2005

8

NOTICE of Substitution - Attorney Terryl T Healy and Kathryn Olson terminated. (Katahira, Wesley)

Nov. 3, 2005

Nov. 3, 2005

9

STIPULATION LITIGATION PLAN by Equal Employment Opportunity Commission. (Katahira, Wesley)

Dec. 15, 2005

Dec. 15, 2005

CORRECTIVE ENTRY - The entry docket number 9 Stipulation filed by Equal Employment Opportunity Commission, was filed using the incorrect event. The filing party shall re-submit their correct filing using the event "Scheduling Conf Form/Litigation Plan". (jlg, )

Dec. 16, 2005

Dec. 16, 2005

10

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Equal Employment Opportunity Commission. (Katahira, Wesley)

Dec. 16, 2005

Dec. 16, 2005

11

DOCKET TEXT NOTICE: Parties shall file their Consent Elections(Refer to Doc. 2 and Doc. 6) Prior to a Telephone Scheduling being set. (lc, )

Dec. 29, 2005

Dec. 29, 2005

12

CONSENT filed. (jlg, ) (Entered: 01/04/2006)

Dec. 30, 2005

Dec. 30, 2005

13

AN OBJECTION TO A US MAGISTRATE JUDGE HAS BEEN FILED IN THIS CASE. (jlg, )

Jan. 11, 2006

Jan. 11, 2006

14

NOTICE of Case Number Change re [13] Objection to Consent to Proceed before a US Magistrate Judge. New case number is CV 05-371-N-EJL. (jlg, )

Jan. 11, 2006

Jan. 11, 2006

15

SCHEDULING ORDER Amended Pleadings due by 2/28/2006. Final Discovery due by 5/31/2006. Joinder of Parties due by 2/28/2006. Mediation to take place by 6/1/2006. Pre-Trial Motions due by 6/30/2006. Jury Trial set for 12/12/2006 09:30 AM in Coeur d Alene, ID before Honorable Edward J. Lodge. All non-dispositive pretrial matters are referred to US Magistrate Judge Larry M. Boyle. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg, )

Jan. 12, 2006

Jan. 12, 2006

16

DOCKET ENTRY ORDER: Per the oral request of counsel, the deadline to participate in mediation shall be extend to September 15, 2006. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dmc, )

May 10, 2006

May 10, 2006

17

MOTION for Summary Judgment by Kimball International, Inc.. Responses due by 7/24/2006 (Fulgham, Mischelle)

June 29, 2006

June 29, 2006

18

MEMORANDUM in Support re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

June 29, 2006

June 29, 2006

19

Statement of Material Facts re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

June 29, 2006

June 29, 2006

20

DECLARATION of Mischelle R. Fulgham re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

June 29, 2006

June 29, 2006

21

DECLARATION of Timothy Mongan re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

June 29, 2006

June 29, 2006

22

DECLARATION of Philip Stucke re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

June 29, 2006

June 29, 2006

23

DECLARATION of Cindy Avery re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

June 29, 2006

June 29, 2006

24

DECLARATION of Shari Sinsley re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

June 29, 2006

June 29, 2006

25

DECLARATION of Melissa Davaz re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

June 29, 2006

June 29, 2006

26

DECLARATION of Cathy Fleetwood re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

June 29, 2006

June 29, 2006

27

DECLARATION of Kenneth Freeman re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Fulgham, Mischelle)

June 29, 2006

June 29, 2006

28

RESPONSE to Motion re 17 MOTION for Summary Judgment Filed June 29, 2006 filed by Equal Employment Opportunity Commission. Replies due by 8/7/2006. (Katahira, Wesley)

July 24, 2006

July 24, 2006

29

Statement OF FACTS re 17 MOTION for Summary Judgment FILED JUNE 29, 2006 filed by Equal Employment Opportunity Commission. (Katahira, Wesley)

July 24, 2006

July 24, 2006

30

DECLARATION of Wesley Katahira re 28 Response to Motion filed by Equal Employment Opportunity Commission In Support of EEOC's Response to the Motion for Summary Judgment filed 6/29, 2006 . (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26# 27 Exhibit # 28 Exhibit 28# 29 Exhibit 29# 30 Exhibit 30# 31 Exhibit 31# 32 Exhibit 32# 33 Exhibit 33# 34 Exhibit 34# 35 Exhibit 35)(Katahira, Wesley)

July 24, 2006

July 24, 2006

31

DECLARATION of Robert Zychek re 28 Response to Motion filed by Equal Employment Opportunity Commission Filed June 29, 2006 . (Katahira, Wesley)

July 24, 2006

July 24, 2006

32

DECLARATION of Russell St. Germain re 28 Response to Motion filed by Equal Employment Opportunity Commission Filed June 29, 2006 . (Katahira, Wesley)

July 24, 2006

July 24, 2006

33

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 28 Response to Motion Filed June 29, 2006 (Katahira, Wesley)

July 24, 2006

July 24, 2006

34

MOTION to Strike 29 Statement by Kimball International, Inc.. Responses due by 8/31/2006 (Attachments: # (1)Memorandum in Support)(Fulgham, Mischelle) . Modified on 8/7/2006 (wm, ).

Aug. 7, 2006

Aug. 7, 2006

35

REPLY to Response to Motion re 17 MOTION for Summary Judgment filed by Kimball International, Inc.. (Attachments: # 1 Declaration of Debra Williams)(Fulgham, Mischelle)

Aug. 7, 2006

Aug. 7, 2006

36

RESPONSE to Motion re 34 MOTION to Strike 29 Statement of Material Facts in Support of EEOC's Response to the Motion for Summary Judgment Filed on August 7, 2006 filed by Equal Employment Opportunity Commission. Replies due by 8/30/2006. (Katahira, Wesley)

Aug. 16, 2006

Aug. 16, 2006

37

REPLY to Response to Motion re 34 MOTION to Strike 29 Statement of Material Facts in Support of the EEOC's Response to the Motion for Summary Judgment Filed on August 7, 2006 filed by Kimball International, Inc.. (Fulgham, Mischelle)

Aug. 25, 2006

Aug. 25, 2006

38

MOTION to Continue Extend Deadline for Mediation by Kimball International, Inc.. Responses due by 9/18/2006 (Attachments: # 1 Declaration of Mischelle R. Fulgham in Support of Motion)(Fulgham, Mischelle)

Aug. 25, 2006

Aug. 25, 2006

39

ORDER granting 38 Motion to extend deadline for mediation. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks, )

Aug. 30, 2006

Aug. 30, 2006

40

Docket Entry NOTICE PLEASE TAKE NOTICE that the Jury Trial set for Tuesday, December 12, 2006, IS HEREBY VACATED pending the outcome of the Summary Judgment Motion. (cv, )

Oct. 23, 2006

Oct. 23, 2006

42

JUDGMENT that Plaintiff take nothing from Defendant and this case is DISMISSED IN ITS ENTIRETY.. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )

Feb. 1, 2007

Feb. 1, 2007

43

NOTICE OF APPEAL as to 42 Judgment, 41 Order on Motion to Strike, Order on Motion for Summary Judgment,, by Equal Employment Opportunity Commission. (Notice sent by e-mail to Court Reporter) (Attachments: # 1 Civil Appeals Docketing Statement# 2 Representation Statement# 3 Judgment# 4 Memorandum Order# 5 Certificate of Service)(Lee, Damien)

March 30, 2007

March 30, 2007

44

NOTICE OF APPEAL NOTIFICATION FORM re 43 Notice of Appeal, (jg, )

May 15, 2007

May 15, 2007

45

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 43 Notice of Appeal, (jg, )

May 15, 2007

May 15, 2007

46

CERTIFICATE of Record on Appeal re 43 Notice of Appeal, No Transcripts Necessary. (jg, )

May 15, 2007

May 15, 2007

47

USCA Case Number 07-35403 for 43 Notice of Appeal, filed by Equal Employment Opportunity Commission. (jg, ) (Entered: 05/24/2007)

May 23, 2007

May 23, 2007

48

USCA Scheduling Order as to 43 Notice of Appeal, filed by Equal Employment Opportunity Commission. (Notice sent by e-mail to Court Reporter) (jg, ) (Entered: 05/24/2007)

May 23, 2007

May 23, 2007

41

MEMORANDUM ORDER denying as moot 34 Motion to Strike ; Granting 17 Motion for Summary Judgment. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jg, )

Feb. 1, 2007

Feb. 1, 2007

RECAP

Case Details

State / Territory: Idaho

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 14, 2005

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kimball International, Inc. (Post Falls, ID), Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits