Case: EEOC v. Lumpy (d/b/a Chilly Bombers Bar & Grill)

2:06-cv-00830 | U.S. District Court for the District of Arizona

Filed Date: March 22, 2006

Closed Date: May 7, 2008

Clearinghouse coding complete

Case Summary

In March 2006, the Phoenix District Office of the EEOC filed this lawsuit against Lumpy, LLC, doing business as Chilly Bombers Bar & Grill, in the U.S. District Court for the District of Arizona alleging discrimination on the basis of gender, female and pregnancy in violation of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. Specifically, the individual complainants in the case alleged that they were paid less than their male counterparts because they were female and p…

In March 2006, the Phoenix District Office of the EEOC filed this lawsuit against Lumpy, LLC, doing business as Chilly Bombers Bar & Grill, in the U.S. District Court for the District of Arizona alleging discrimination on the basis of gender, female and pregnancy in violation of the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. Specifically, the individual complainants in the case alleged that they were paid less than their male counterparts because they were female and pregnant.

On February 1, 2008, the District Court (Judge Susan Bolton) granted partial summary judgment for the defendants with regards to one of the named plaintiffs. This named plaintiff had complained based on a comparison to two male employees who were paid more despite having allegedly similar positions. Judge Bolton held that one of the male employees had a "substantially different" position, therefore there was no violation of the Equal Pay Act and the defendant's summary judgment motion should be granted in this respect. She held that a genuine issue of material fact remained as to whether the other male employee had a substantially similar position, suggesting the possibility of an Equal Pay Act violation. She further denied the defendant's motion for summary judgment as to the alleged Title VII violation based on the testimony offered by the plaintiff that she was told she could "renegotiate her salary after her pregnancy." 2008 WL 11339642.

Following this, a jury trial was held in March 2008. The jury found in favor of the plaintiff on the Title VII and Equal Pay Act claims. However, the jury did not award the plaintiff damages for lost wages or emotional pain with regard to the Title VII claim, and only awarded $200.00 in damages on the Equal Pay claim (the determined difference in pay). The plaintiff also proposed a final judgment that included requiring training, development of nondiscrimination policies, providing notice to employees, hiring and outside consultant to investigate discrimination claims, reporting, provision of a letter of reference and additional back pay. On May 6, 2008 this proposed judgment was rejected by the court and it was ordered that defendant pay $200.00 plus interest to the charging party. 2008 WL 11339641.

On June 23, 2008, Chief Deputy Michael O'Brien, signed a bill of costs against the defendants totaling $3,518.22 to cover the plaintiffs' litigation expenses.

The case is now closed.

Summary Authors

David Friedman (5/26/2008)

Rachel Barr (1/4/2018)

People


Judge(s)

Bolton, Susan Ritchie (Arizona)

Attorneys(s) for Plaintiff

Catanese, David Joseph (Arizona)

Chen, Tin-Tin Diana (Arizona)

Deutsch, Michelle Tamara (Arizona)

Lopez, P. David (Texas)

Meyer, Valerie L. (Arizona)

O'Neill, Mary Jo (Arizona)

Shanley, Sally C. (Arizona)

Judge(s)

Bolton, Susan Ritchie (Arizona)

Attorneys(s) for Plaintiff

Catanese, David Joseph (Arizona)

Chen, Tin-Tin Diana (Arizona)

Deutsch, Michelle Tamara (Arizona)

Lopez, P. David (Texas)

Meyer, Valerie L. (Arizona)

O'Neill, Mary Jo (Arizona)

Shanley, Sally C. (Arizona)

Documents in the Clearinghouse

Document

Docket (PACER)

Equal Employment Opportunity Commission v. Lumpy, LLC

July 18, 2008 Docket
1

Complaint

EEOC v. Lumpy LLC

March 22, 2006 Complaint
61

Order [Re: granting in part and denying in part Motion for Summary Judgment]

EEOC v. Lumpy LLC

Feb. 1, 2008 Order/Opinion
121

Order

Equal Employment Opportunity Commission v. Lumpy LLC.

2008 WL 11339641

May 7, 2008 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Meyer, Valerie) Modified on 3/22/2006 (ESH, ). (Entered: 03/22/2006)

March 22, 2006
2

Summons Issued as to Lumpy, LLC. (ESH, ) (Entered: 03/22/2006)

March 22, 2006
3

MOTION to Withdraw as Attorney for Plaintiff by Equal Employment Opportunity Commission. (Meyer, Valerie) (Entered: 03/23/2006)

March 23, 2006
4

ORDER granting 3 Motion to Withdraw as Attorney. Attorney Valerie Leigh Meyer terminated; Mary Jo O'Neill, Sally C. Shanley and P. David Lopez remain as counsel for the Equal Opportunity Commission. Signed by Judge Susan R Bolton on 3/24/2006. (LAD) (Entered: 03/24/2006)

March 24, 2006
5

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Lumpy, LLC served on 5/17/2006, answer due 6/6/2006. (Lopez, P) (Entered: 05/22/2006)

May 22, 2006
6

It is ordered that counsel for the plaintiff file a status report within 5 days of the date of this order concerning this case. It is further ordered that this matter will be dismissed within 5 days of the date of this order if counsel fails to file a status report. Signed by Judge Susan R Bolton on 6/27/06. (SRB) (Entered: 06/27/2006)

June 27, 2006
7

STATUS REPORT by Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 06/30/2006)

June 30, 2006
8

MOTION for Extension of Time File Answer by Lumpy, LLC. (Catanese, David) (Entered: 07/05/2006)

July 5, 2006
9

ORDER granting 8 Defendant's Motion for Extension of Time to file its Answer. Answer due: 7/15/06 Signed by Judge Susan R Bolton on 7/7/06. (SRB) (Entered: 07/07/2006)

July 7, 2006
10

ANSWER to Complaint with Jury Demand by Lumpy, LLC.(Catanese, David) (Entered: 07/14/2006)

July 14, 2006
12

REPORT re: Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, Lumpy, LLC. (Lopez, P) (Entered: 08/22/2006)

Aug. 22, 2006
13

Minute Entry for proceedings held before Judge Susan R Bolton: Scheduling Conference held on 8/28/2006. Deadlines discussed and entered. Formal Order to follow. A copy of the Joint Proposed Pretrial Order is provided to counsel this date. At the request of counsel, Magistrate Judge Mark E. Aspey having been randomly drawn, IT IS ORDERED referring this matter to Magistrate Judge Aspey for the purpose of conducting a civil settlment conference. (Court Reporter Kim Moll) (MAW) (Entered: 08/28/2006)

Aug. 28, 2006
14

SCHEDULING ORDER issued. Discovery due by 5/4/2007. Dispositive motions due by 8/17/2007. Proposed Pretrial Order due by 1/21/2008. Final Pretrial Conference set for 1/28/2008 10:00 AM before Judge Susan R Bolton. Jury Trial set for 2/12/2008 09:00 AM before Judge Susan R Bolton. Signed by Judge Susan R Bolton on 8/28/06. (SRB) (Entered: 08/29/2006)

Aug. 29, 2006
15

Notice re Service of Plaintiff's Initial Disclosure and First Supplemental Disclosure by Equal Employment Opportunity Commission (Lopez, P) (Entered: 09/13/2006)

Sept. 13, 2006
16

Notice re Service of First Discovery Requests to Defendant by Equal Employment Opportunity Commission (Lopez, P) (Entered: 11/13/2006)

Nov. 13, 2006
17

ORDER Settlement Conference set for 1/11/2007 10:00 AM in Suite 200, 123 North San Francisco Street, Flagstaff, AZ 86001 before Magistrate Judge Mark E Aspey. Signed by Judge Mark E Aspey on 11/13/06. (MEA,ps) (Entered: 11/13/2006)

Nov. 13, 2006
18

Due to scheduling conflicts; IT IS ORDERED the Settlement Conference, presently set for 1/11/07 at 10:00 AM is VACATED and RESET for 1/18/07 at 10:00 AM. (MEA,ps)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/19/2006)

Dec. 19, 2006
19

NOTICE of Appearance by Michelle Tamara Deutsch on behalf of Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 12/27/2006)

Dec. 27, 2006
20

Minute Entry. Proceedings held before Judge Mark E Aspey : The parties and counsel appeared at Settlement Conference held on 1/18/2007. Settlement was not reached in this matter and it is referred back to Judge Bolton for further proceedings. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MEA,ps) (Entered: 01/19/2007)

Jan. 19, 2007
21

Minute Order: Discovery Dispute Hearing set on 3/5/07 at 10:00 AM before Judge Susan R Bolton. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 02/09/2007)

Feb. 9, 2007
23

Minute Entry. Proceedings held before Judge Susan R Bolton: Discovery Dispute Hearing held on 3/5/07 at the request of plaintiff's counsel. Discussion held. Due to defense counsel's response to plaintiff's counsel, the Court notes the defendant is no longer maintaining that any pay disparity was as a result of additional benefits plaintiff received in the way of health care. IT IS ORDERED directing defense counsel to produce by 3/31/07 all outstanding sales receipts. If they are not produced, defendant will be precluded from raising the disparity in sales as an issue in the case. (Court Reporter Kim Moll)(MAW) (Entered: 03/06/2007)

March 5, 2007
22

STIPULATION on Extension of Time to Disclose Witnesses by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Deutsch, Michelle) (Entered: 03/06/2007)

March 6, 2007
24

ORDER re 22 Granting parties STIPULATION on Extension of Time to Disclose Witnesses by Equal Employment Opportunity Commission. IT IS HEREBY ORDERED granting Plaintiff an extension of time through and including 4/16/07, in which to disclose the identity of all persons who may be used at trial to present evidence. Signed by Judge Susan R Bolton on 3/8/07. (LCF) (Entered: 03/08/2007)

March 8, 2007
26

MOTION for Reconsideration re Motion for Clarification and Reconsideration by Lumpy, LLC. (Catanese, David) (Entered: 04/06/2007)

April 6, 2007
27

Notice re Service of Second Supplemental Disclosure by Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 04/10/2007)

April 10, 2007
28

ORDER granting in part and denying in part 26 Granting Defendant Notice of Clarification and Denying Motion for Reconsideration. Signed by Judge Susan R Bolton on 4/11/07.(LCF) (Entered: 04/11/2007)

April 11, 2007
29

MOTION for Reconsideration re Motion for Reconsideration by Lumpy, LLC. (Catanese, David) (Entered: 04/11/2007)

April 11, 2007
30

Notice re Service of Third Supplemental Disclosure by Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 04/18/2007)

April 18, 2007
31

NOTICE of Deposition of Jeff Majerle, filed by Equal Employment Opportunity Commission. (Deutsch, Michelle) (Entered: 04/19/2007)

April 19, 2007
32

NOTICE of Deposition of Weslie McDowell, filed by Equal Employment Opportunity Commission. (Deutsch, Michelle) (Entered: 04/19/2007)

April 19, 2007
33

NOTICE of Deposition of Patrick Zacek, filed by Equal Employment Opportunity Commission. (Deutsch, Michelle) (Entered: 04/19/2007)

April 19, 2007
34

ORDER re 29 MOTION for Reconsideration re Motion for Reconsideration by Lumpy, LLC. IT IS ORDERED that Plaintiff file a response to Defendant's Motion for Reconsideration within 10 days of the date of this order. Defendant may file a reply. Signed by Judge Susan R Bolton on 4/24/07. (LCF) (Entered: 04/24/2007)

April 24, 2007
35

MOTION for Extension of Time by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Granting Extension of Time)(Deutsch, Michelle) (Entered: 05/02/2007)

May 2, 2007
36

RESPONSE to Motion re 29 MOTION for Reconsideration re Motion for Reconsideration filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Defendant's Response to Plaintiff's First Set of Interrogatories# 2 Exhibit Defendant's Response to Plaintiff's First Request for Production)(Deutsch, Michelle) (Entered: 05/04/2007)

May 4, 2007
37

Notice re Service of Fourth Supplemental Disclosure by Equal Employment Opportunity Commission (Deutsch, Michelle) (Entered: 05/07/2007)

May 7, 2007
38

RESPONSE to Motion re 35 MOTION for Extension of Time filed by Lumpy, LLC. (Catanese, David) (Entered: 05/08/2007)

May 8, 2007
39

ORDER granting 35 Plaintiff Motion for Extension of Time, to and including 7/3/07, solely for the purpose of deposing Jeff Majerle. Signed by Judge Susan R Bolton on 5/14/07.(LCF) (Entered: 05/14/2007)

May 14, 2007
40

AMENDED DOCUMENT by Equal Employment Opportunity Commission. Amendment to 31 Notice of Deposition of Jeff Majerle . (Deutsch, Michelle) (Entered: 05/31/2007)

May 31, 2007
41

ORDER denying 29 Defendant's Motion for Reconsideration. Signed by Judge Susan R Bolton on 6/1/07.(LCF) (Entered: 06/01/2007)

June 1, 2007
42

MOTION for Reconsideration re Order dated June 1, 2007 (DKT No. 41) and Notice of Clarification by Equal Employment Opportunity Commission. (Deutsch, Michelle) (Entered: 06/14/2007)

June 14, 2007
43

ORDER denying 42 Plaintiff's Motion for Reconsideration. The Court will not issue any further orders on this discovery dispute. Signed by Judge Susan R Bolton on 6/18/07.(LCF) (Entered: 06/18/2007)

June 18, 2007
44

First MOTION for Summary Judgment by Lumpy, LLC. (Catanese, David) (Entered: 08/17/2007)

Aug. 17, 2007
46

STATEMENT of Facts in Support of Motion for Summary Judgment by Lumpy, LLC. (Attachments: # 1 Exhibit Exhibits 1−3 to Defendant's Statement of Facts# 2 Exhibit Exhibits 4−14 to Defendant's Statement of Facts)(Catanese, David) Modified on 8/22/2007 (SAT). INCORRECT EVENT TYPE SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "MOTION" TO "STATEMENT". (Entered: 08/20/2007)

Aug. 20, 2007
47

Joint MOTION for Extension of Time For Plaintiff to Respond to Defendant's Motion for Summary Judgment by Equal Employment Opportunity Commission, Lumpy, LLC. (Attachments: # 1 Text of Proposed Order Granting Joint Motion for Extension of Time for Plaintiff to Respond to Defendant's Motion for Summary Judgment)(Deutsch, Michelle) (Entered: 08/20/2007)

Aug. 20, 2007
48

ORDER re 47 Joint MOTION for Extension of Time For Plaintiff to Respond to Defendant's Motion for Summary Judgment − that the Joint Stipulation for Extension of Time will be denied within 3 days of the date of this order if counsel does not comply with the ECF Administrative Policies and Procedures Manual, Page 11, Section G, specifically, subparagraph 1b. Signed by Judge Susan R Bolton on 8/21/07. (KMG) (Entered: 08/21/2007)

Aug. 21, 2007
49

NOTICE TO FILER OF DEFICIENCY re 45 First MOTION for Summary Judgment Separate Statement of Facts filed by Lumpy, LLC, 46 First MOTION for Summary Judgment Separate Statment of Facts in Support of Motion for Summary Judgment filed by Lumpy, LLC. Description of deficiency: Incorrect document type selected. The correct event is Statement and it is found in the Other Documents menu. (SAT) (Entered: 08/22/2007)

Aug. 22, 2007
50

ORDER granting Plaintiff's 47 Motion for Extension of Time to file its Response to Defendant's Motion for Summary Judgment until October 1, 2007. Signed by Judge Susan R Bolton on 8/22/07.(CLB) (Entered: 08/22/2007)

Aug. 22, 2007
51

STATEMENT of Defendant's Statement of Facts in Support of Motion for Summary Judgment re 44 First MOTION for Summary Judgment by Defendant Lumpy, LLC. (Attachments: # 1 Exhibit Exhibits 1−3 to Defendant's Statement of Facts in Support of Motion for Summary Judgment# 2 Exhibit Exhibits 4−14 to Defendant's Statement of Facts in Support of Motion for Summary Judgment)(Catanese, David) (Entered: 08/27/2007)

Aug. 27, 2007
52

Minute Order: Motion Hearing set on 10/29/07 at 10:00AM before Judge Susan R Bolton re: 44 First MOTION for Summary Judgment. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 09/10/2007)

Sept. 10, 2007
53

STIPULATION for Extension of TIme to Respond to Motion for Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Lopez, P) (Entered: 09/14/2007)

Sept. 14, 2007
54

ORDER re 53 Stipulation for Extension of Time to Respond to Motion for Summary Judgment, Pla is granted an extension to file its Response until 10/10/07. Signed by Judge Susan R Bolton on 09/25/07. (ESL) (Entered: 09/25/2007)

Sept. 25, 2007
55

RESPONSE in Opposition re 44 First MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 10/10/2007)

Oct. 10, 2007
56

RESPONSE in Opposition re 45 First MOTION for Summary Judgment Separate Statement of Facts filed by Equal Employment Opportunity Commission. (Attachments: # 1 # 2)(Lopez, P) (Entered: 10/10/2007)

Oct. 10, 2007
57

RESPONSE in Opposition re 45 First MOTION for Summary Judgment Separate Statement of Facts RULE 56.1(b) RESPONSE filed by Equal Employment Opportunity Commission. (Attachments: # 1)(Lopez, P) (Entered: 10/10/2007)

Oct. 10, 2007
58

REPLY to Response to Motion re 44 First MOTION for Summary Judgment filed by Lumpy, LLC. (Attachments: # 1 Exhibit Exhibts to Reply)(Catanese, David) (Entered:

Oct. 25, 2007
60

ORDER: On the Court's Own Motion, IT IS ORDERED continuing Pretrial Conference from January 28, 2008, to February 11, 2008, at 11:00 a.m. The Joint Proposed Pretrial Order shall be filed by February 4, 2008. IT IS FURTHER ORDERED continuing Jury Trial from February 12, 2008, to February 19, 2008, at 9:00 a.m. Signed by Judge Susan R Bolton on 1/17/08. (MAW) (Entered: 01/17/2008)

Jan. 17, 2008
61

ORDER granting in part and denying in part 44 Defendant's Motion for Summary Judgment. Signed by Judge Susan R Bolton on 2/1/08.(MAW) (Entered: 02/01/2008)

Feb. 1, 2008
62

Joint MOTION for Extension of Time to Extend Deadline on Joint Proposed Pretrial Order and Final Pretrial Conference by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Lopez, P) (Entered: 02/04/2008)

Feb. 4, 2008
63

ORDER granting in part and denying in part 62 Joint Motion for Extension of Time. IT IS ORDERED that Plaintiff and Defendant are granted an extension to file the Joint Proposed Final Pretrial Order until Thursday, February 7, 2008, at 5:00 p.m. IT IS FURTHER ORDERED affirming the Pretrial Conference of February 11, 2008 at 11:00 a.m. and the trial date of February 19, 2008 at 9:00 a.m. Signed by Judge Susan R Bolton on 2/4/08.(MAW) (Entered: 02/04/2008)

Feb. 4, 2008
64

Joint MOTION for Extension of Time to Continue Trial Date by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Lopez, P) (Entered: 02/06/2008)

Feb. 6, 2008
65

ORDER granting 64 Joint Motion to Continue the Trial Date. The February 19, 2008 trial date is vacated and will be reset at the Final Pretrial Conference. IT IS FURTHER ORDERED affirming the Final Pretrial Conference set on Monday, February 11, 2008 at 11:00 a.m. Signed by Judge Susan R Bolton on 2/7/08.(MAW) (Entered: 02/07/2008)

Feb. 7, 2008
66

TRIAL BRIEF by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 02/07/2008)

Feb. 7, 2008
67

STATEMENT of of the Case (EEOC's Proposed) by Plaintiff Equal Employment Opportunity Commission. (Lopez, P) (Entered: 02/07/2008)

Feb. 7, 2008
68

REPORT of Joint Proposed Pretrial Order by Plaintiff Equal Employment Opportunity Commission. (Lopez, P) (Entered: 02/07/2008)

Feb. 7, 2008
69

Proposed Jury Instructions by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 02/07/2008)

Feb. 7, 2008
70

Proposed Voir Dire by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 02/07/2008)

Feb. 7, 2008
71

Proposed Verdict Form by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 02/07/2008)

Feb. 7, 2008
72

Minute Entry. Proceedings held before Judge Susan R Bolton: Pretrial Conference held on 2/11/08. Trial date discussed. IT IS ORDERED setting Jury Trial on 3/13/08 at 09:00 AM before Judge Susan R Bolton. For reasons as stated on the record, IT IS ORDERED directing counsel to lodge an amended joint proposed pretrial order by 2/22/08. IT IS FURTHER ORDERED that proposed voir dire, proposed jury instructions, objections to jury instructions and trial memorandum shall be filed no later than 2/22/08. (Court Reporter Kim Moll)(MAW) (Entered: 02/12/2008)

Feb. 11, 2008
73

NOTICE of Attorney Substitution by Tin−Tin Diana Chen (Attachments: # 1 Text of Proposed Order)(Chen, Tin−Tin) (Entered: 02/20/2008)

Feb. 20, 2008
74

MOTION for Reconsideration of Order Granting, in Part, Summary Judgment by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 02/21/2008)

Feb. 21, 2008
76

Notice of Filing Proposed Pretrial Order filed by Equal Employment Opportunity Commission and Lumpy, LLC (Lopez, P) (Entered: 02/22/2008)

Feb. 22, 2008
77

Proposed Voir Dire by Lumpy, LLC. (Catanese, David) (Entered: 02/22/2008)

Feb. 22, 2008
78

Proposed Jury Instructions by Lumpy, LLC. (Catanese, David) (Entered: 02/22/2008)

Feb. 22, 2008
79

ORDER denying 74 Plaintiff's Motion for Reconsideration. Signed by Judge Susan R Bolton on 2/25/08.(MAW) (Entered: 02/25/2008)

Feb. 25, 2008
80

OBJECTION re 78 Proposed Jury Instructions filed by Defendant by Plaintiff Equal Employment Opportunity Commission. (Lopez, P) (Entered: 02/25/2008)

Feb. 25, 2008
81

APPROVED JOINT PROPOSED PRETRIAL ORDER. Signed by Judge Susan R Bolton on 2/26/08. (MAW) (Entered: 02/26/2008)

Feb. 26, 2008
82

TRANSCRIPT DESIGNATION AND ORDER FORM by Equal Employment Opportunity Commission for proceedings held on March 13, 14, 18 and 19 before Judge Susan R. Bolton. (Lopez, P) (Entered: 03/13/2008)

March 13, 2008
83

Minute Entry. Proceedings held before Judge Susan R Bolton: Jury Trial (Day 1) begun on 3/13/08. Plaintiff's challenges for cause regarding Juror #1 and Juror #22 are argued to the Court. IT IS ORDERED overruling defense counsel's objection regarding Juror #1, and Juror #1 will be excused. IT IS ORDERED denying Plaintiff's challenge for cause regarding Juror #22. Defendant's challenge for cause regarding Juror #11 is argued to the Court. IT IS ORDERED denying Defendant's challenge for cause. Trial continued to 3/14/08. (Court Reporter Gary Moll)(MAW) (Entered: 03/14/2008)

March 13, 2008
84

Minute Entry. Proceedings held before Judge Susan R Bolton: Jury Trial (Day 2) held on 3/14/08. Trial continued to 3/18/08. (Court Reporter Gary Moll)(MAW) (Entered: 03/17/2008)

March 14, 2008
85

Proposed Jury Instructions by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 03/18/2008)

March 18, 2008
86

MOTION for Reconsideration re Health Insurance Premiums by Lumpy, LLC. (Catanese, David) Modified on 3/19/2008 (LAD). DOCUMENT NOT IN COMPLIANCE WITH LRCiv 7.1(c). ATTORNEY NOTICED. (Entered: 03/18/2008)

March 18, 2008
87

Minute Entry. Proceedings held before Judge Susan R Bolton: Jury Trial (Day 3) held on 3/18/08. IT IS ORDERED denying Defendant's Motion re: Title VII claim. IT IS FURTHER ORDERED taking under advisement Defendant's Motion re: punitive damages and Equal Pay Act claim. (Court Reporter Linda Schroeder (a.m.) / Elizabeth Lemke (p.m.)(MAW) (Entered: 03/19/2008)

March 18, 2008
88

Minute Entry. Proceedings held before Judge Susan R Bolton: Jury Trial (Day 4) completed on 3/19/08. The Court having taken under advisement a portion of Defendant's oral Motion for Judgment as a Matter of Law, IT IS ORDERED denying Defendant's Motion re: Equal Pay Act claim. IT IS FURTHER ORDERED denying Defendant's Motion for Reconsideration Regarding Health Insurance Premiums 86 . (Court Reporter Linda Schroeder (a.m.) / Elizabeth Lemke (p.m.)(MAW) (Entered: 03/20/2008)

March 19, 2008
93

Exhibit List by Lumpy, LLC.. (LAD) (Entered: 03/20/2008)

March 19, 2008
94

Exhibit List by Equal Employment Opportunity Commission.(LAD) (Entered: 03/20/2008)

March 19, 2008
95

Witness List by Equal Employment Opportunity Commission. (LAD) (Entered: 03/20/2008)

March 19, 2008
96

Witness List by Lumpy, LLC. (LAD) (Entered: 03/20/2008)

March 19, 2008
98

Minute Entry. Proceedings held before Judge Susan R Bolton: Amending the Jury Trial (Day 4)on 3/19/08 88 . Reason for Amendment: deletion of the following sentence, "IT IS ORDERED directing the Clerk of the Court to enter judgment accordingly." The balance of the minute entry remains the same. (Court Reporter Linda Schroeder (a.m.) / Elizabeth Lemke (p.m.)(MAW) (Entered: 03/20/2008)

March 19, 2008
99

Final Jury Instructions. (LAD) (Entered: 03/20/2008)

March 19, 2008
101

Jury Question During Trial. (LAD) (Entered: 03/20/2008)

March 19, 2008
102

REDACTED JURY VERDICTS. (LAD) (Entered: 03/20/2008)

March 19, 2008
103

Sealed Document: Judge's List. (LAD) (Entered: 03/21/2008)

March 19, 2008
104

Sealed Document: Judge's List. (LAD) (Entered: 03/21/2008)

March 19, 2008
105

Sealed Document: Judge's List. (LAD) (Entered: 03/21/2008)

March 19, 2008
106

Sealed Document: Report. (LAD) (Entered: 03/21/2008)

March 19, 2008
107

Sealed Document: List. (LAD) (Entered: 03/21/2008)

March 19, 2008
108

Sealed Document: Verdicts. (Attachments: # 1, # 2, # 3)(LAD) (Entered: 03/21/2008)

March 19, 2008
89

TRANSCRIPT of Proceedings re: Jury Trial Volume III held on 3/18/08 before Judge Susan R Bolton. Court Reporter: Linda Schroeder. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/10/2008. Redacted Transcript Deadline set for 4/21/2008. Release of Transcript Restriction set for 6/18/2008. (BAS, ) (Entered: 03/20/2008)

March 20, 2008
90

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (BAS, ) (Entered: 03/20/2008)

March 20, 2008
91

TRANSCRIPT of Proceedings re: Jury Trial Volume IV held on 3/19/08 before Judge Susan R Bolton. Court Reporter: Linda Schroeder. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/10/2008. Redacted Transcript Deadline set for 4/21/2008. Release of Transcript Restriction set for 6/18/2008. (BAS, ) (Entered: 03/20/2008)

March 20, 2008

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 22, 2006

Closing Date: May 7, 2008

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

Lumpy, LLC (Phoenix, Arizona), Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $3,718.22

Issues

General:

Disparate Treatment

Discrimination-area:

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits