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

Equal Employment Opportunity Commission v. Lumpy, LLC

EEOC v. Lumpy LLC

EEOC v. Lumpy LLC

Equal Employment Opportunity Commission v. Lumpy LLC.

Carly Knight, Frank Dobbin, Alexandra Kalev

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

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

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

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)

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)

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)

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

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

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)

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

ORDER setting Rule 16 Scheduling Conference for 8/28/06 at 10:15 a.m. before Judge Susan R Bolton. Signed by Judge Susan R Bolton on 7/19/06. (SRB) (Entered: 07/19/2006)

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

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)

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)

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

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

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)

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)

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

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)

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)

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)

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)

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)

NOTICE of Deposition of John Cook, filed by Equal Employment Opportunity Commission. (Lopez, P) (Entered: 04/02/2007)

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

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

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)

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

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

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

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

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

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)

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)

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)

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

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

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)

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

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

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)

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)

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

STATEMENT of Facts by Lumpy, LLC. (Attachments: # 1 Exhibit Exhibits 1-3 to Defendant's Separate Statement of Facts# 2 Exhibit Exhibits 4-14 to Defendant's Separate Statement of Facts)(Catanese, David) Modified on 8/22/2007 (SAT). INCORRECT EVENT TYPE SELECTED. THIS EVENT HAS BEEN MODIFIED FROM "MOTION" TO "STATEMENT". (Entered: 08/17/2007)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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: 10/25/2007)

Minute Entry. Proceedings held before Judge Susan R Bolton: Hearing held on 10/29/07 re: Defendant's Motion for Summary Judgment 44 . Argument presented. IT IS ORDERED taking under advisement 44 Defendant's Motion for Summary Judgment.(Court Reporter Patricia Lyons.)(MAW) (Entered: 10/29/2007)

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)

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)

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)

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)

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)

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)

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

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

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

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

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

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

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)

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

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

SUPPLEMENT of EEOC's Notice of Supplemental Jury Instruction and Correction of Non-Model Instructions List by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Supplement Jury Instruction Re: Spoliation)(Chen, Tin-Tin) (Entered: 02/22/2008)

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

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

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

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

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

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

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)

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)

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)

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

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)

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)

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)

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

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

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

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

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

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)

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

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

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

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

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

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