Case: EEOC v. Health Food Associates, Inc.

U.S. Court of Appeals for the Tenth Circuit

Equal Employment v. Health Foods

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the Tenth Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT against Health Food Associates Inc, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(fp, ) (Entered: 09/12/2005)

ENTRY of Appearance by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (fp, ) (Entered: 09/12/2005)

PRAECIPE for 1 Summons by Equal Employment Opportunity Commission., Summons Issued as to Health Food Associates Inc. (fp, ) (Entered: 09/12/2005)

GENERAL ORDER 04-02 (April 15, 2004) Mandatory Electronic Case Filing. Signed by Judge Joe Heaton on 4/15/04. (fp, ) (Entered: 09/12/2005)

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Health Food Associates Inc served on 9/16/2005, answer due 10/6/2005. (Robertson, Michelle) (Entered: 09/26/2005)

ANSWER to Complaint by Health Food Associates Inc.(Hickey, John) (Entered: 10/06/2005)

ENTRY of Appearance by John M Hickey on behalf of Health Food Associates Inc (Hickey, John) (Entered: 10/06/2005)

ORDER FOR STATUS CONFERENCE Status Conference set for 11/29/2005 10:30 AM in Chambers before Honorable Joe Heaton. Joint Status Report and Discovery Plan due 11/21/05. Signed by Judge Joe Heaton on 10/13/05. (jw, ) (Entered: 10/13/2005)

AMENDED ORDER FOR STATUS CONFERENCE Joint Status Report and Discovery Plan due by 11/21/2005. Status Conference set for 11/29/2005 10:30 AM in Chambers before Honorable Joe Heaton.. Signed by Judge Joe Heaton on 10/18/05. (jw, ) (Entered: 10/18/2005)

JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 11/21/2005)

ENTRY of Appearance by Paul D Kingsolver on behalf of Health Food Associates Inc (Kingsolver, Paul) (Entered: 11/28/2005)

SCHEDULING ORDER: Motions to join due 30 days from today; Motions to amend due 30 days from today; Pla witness list due 7/1/06, dft 10 days thereafter; Pla exhibit list due 7/1/06, dft 10 days thereafter; Pltf to file final lists of expert witnesses and reports by 6/15/06, dft to file lists of expert witnesses and reports by 7/1/06 Motions in limine due 10/15/06; Jury instructions due 10/15/06; Voir dire requests due 10/16/05; Discovery due by 8/1/2006. Jury Trial set for docket commencing 11/6/2006 09:00 AM in Courtroom #304 before Honorable Joe Heaton. Motions due by 8/15/2006. Pretrial Report due by 10/15/2006. As more fully set out. Signed by Judge Joe Heaton on 11/29/05. (jw, ) (Entered: 11/29/2005)

ENTRY of Appearance by Barbara A Seely on behalf of Equal Employment Opportunity Commission (Seely, Barbara) (Entered: 02/16/2006)

ENTRY of Appearance by Robert G Johnson on behalf of Equal Employment Opportunity Commission (Johnson, Robert) (Entered: 02/24/2006)

NOTICE of Change of Address by Michelle M Robertson (Robertson, Michelle) (Entered: 05/16/2006)

JOINT MOTION for Protective Order by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 06/14/2006)

UNOPPOSED MOTION for Extension of Time to file Expert Report and Permission to file Report Under Seal by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 06/14/2006)

ORDER granting 17 Motion for Extension of Time.EEOC shall file the report on or before June 26, 2006, and will be permited to file it under seal . Signed by Judge Joe Heaton on 6/19/06. (jw, ) (Entered: 06/19/2006)

ORDER granting 16 Motion for Protective Order, as more fully set out . Signed by Judge Joe Heaton on 6/19/06. (jw, ) (Entered: 06/19/2006)

Witness List for Expert Witness by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 06/26/2006)

NOTICE of Conventional Filing of Expert Report by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (Robertson, Michelle) (Entered: 06/26/2006)

Witness List for Expert Witness - Amended by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 06/26/2006)

SEALED DOCUMENT - Plaintiff's EEOC's Expert Report by Equal Employment Opportunity Commission. (pw, ) (Entered: 06/27/2006)

UNOPPOSED MOTION for Extension of Time to file expert witness list and reports by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 06/27/2006)

ORDER granting 24 Motion for Extension of Time to File Expert Witness List and Report Deadline. Defendant shall have up to and including July 14, 2006, to file its expert witness list and reports. Signed by Judge Joe Heaton on 6/27/06. (jw, ) (Entered: 06/27/2006)

Exhibit List / Witness List by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 07/03/2006)

Exhibit List / Witness List by Defendant Health Food Associates Inc. (Kingsolver, Paul) (Entered: 07/11/2006)

Exhibit List / Witness List Expert Witness List by Defendant Health Food Associates Inc. (Kingsolver, Paul) (Entered: 07/14/2006)

NOTICE by Health Food Associates Inc of Filing of Defendant Expert Report (Attachments: # 1 Attachment Defendants Expert Report)(Kingsolver, Paul) (Entered: 07/14/2006)

DISCLOSURE STATEMENT - CORPORATE by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 07/19/2006)

UNOPPOSED MOTION for Extension of Time of Motion Deadline for Three Days by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 08/14/2006)

MOTION to Exclude Defendant's Expert Witness by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1- Garbacz Deposition# 2 Exhibit 2 - Blalack Deposition# 3 Exhibit 2a- Affidavit of Carbajal# 4 Exhibit 3 - Defendant's Expert's Report# 5 Exhibit 4- Villareal Deposition# 6 Exhibit 5 - Notes of Blalack)(Robertson, Michelle) (Entered: 08/15/2006)

ORDER granting 31 Motion to Extend Motion Deadline, the parties shall have up to and including August 18, 2006, to file dispositive and Daubert motions with the court . Signed by Judge Joe Heaton on 8/15/06. (jw, ) (Entered: 08/15/2006)

UNOPPOSED MOTION for Leave to file Exhibits under Seal by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 08/15/2006)

ORDER granting 34 Motion for Leave to File Exhibits Under Seal, as more fully set out. Signed by Judge Joe Heaton on 8/16/06. (jw, ) (Entered: 08/16/2006)

NOTICE of Conventional Filing of Exhibit Six to EEOC's Motion to Strike Expert Witness by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (Robertson, Michelle) (Entered: 08/16/2006)

SEALED DOCUMENT - Exhibit Six to EEOC's Motion to Strike Defendant's Expert Witness by Plaintiff Equal Employment Opportunity Commission. (pw, ) (Entered: 08/16/2006)

MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-Complaint# 2 Exhibit 2- Intake Form# 3 Exhibit 3-Charge of Discrimination# 4 Exhibit 4-Notice of Charge of Discrimination# 5 Exhibit 5-Parette Deposition# 6 Exhibit 6-EEOC Request for Information# 7 Exhibit 7-Response of Akins to EEOC RFI# 8 Exhibit 8-Letter of Determination# 9 Exhibit 9-EEOC Letter to Defendant# 10 Exhibit 10-Notice of Conciliation Failure)(Robertson, Michelle) (Entered: 08/17/2006)

MOTION for Summary Judgment by Health Food Associates Inc. (Attachments: # 1 Exhibit 1 - Mark Parette Deposition# 2 Exhibit 2 - Joe Garbacz Deposition# 3 Exhibit 3 - Cherry Dienz Deposition# 4 Exhibit 4 - Amanda McCollum Deposition# 5 Exhibit 5 - Shannon Caldwell Deposition# 6 Exhibit 6 - Jeff Shackelford Deposition# 7 Exhibit 7 - Villareal Expert Witness Report# 8 Exhibit 9 - Andria Talbert Deposition)(Hickey, John) (Entered: 08/18/2006)

NOTICE of Conventional Filing (Defendant's Motion for Summary Judgment, and Brief in Support) by John M Hickey on behalf of Health Food Associates Inc (Hickey, John) (Entered: 08/18/2006)

UNOPPOSED MOTION to Seal Document 39 MOTION for Summary Judgment Exhibit 8 and portions of Motion for Summary Judgment by Health Food Associates Inc. (Hickey, John) (Entered: 08/21/2006)

ORDER granting 41 Motion to Seal Document, a copy of the motion without Exhibit 8 attached and with references to the exhibit redacted shall be filed in the public file . Signed by Judge Joe Heaton on 8/21/06. (jw, ) (Entered: 08/21/2006)

UNOPPOSED MOTION for Extension of Time to File Response/Reply as to 39 MOTION for Summary Judgment by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 08/31/2006)

UNOPPOSED MOTION for Leave to File Oversized Brief by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 08/31/2006)

ORDER granting 44 Motion for Leave to File Oversized Brief In Response to Defendant's Motion For Summary Judgment, not to exceed 35 pages . Signed by Judge Joe Heaton on 9/1/06. (jw, ) (Entered: 09/01/2006)

ORDER granting 43 Motion for Extension of Time to File Response/Reply re 38 MOTION for Summary Judgment, 39 MOTION for Summary Judgment Responses due by 9/8/2006. Signed by Judge Joe Heaton on 9/1/06. (jw, ) (Entered: 09/01/2006)

UNOPPOSED MOTION for Extension of Time to File Response/Reply by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 09/05/2006)

ORDER granting 47 Defendants Motion for Extension of Time to File Response/Reply re 38 MOTION for Partial Summary Judgment Responses due by 9/7/2006. Signed by Judge Joe Heaton on 9/5/06. (jw, ) (Entered: 09/05/2006)

RESPONSE in Opposition re 32 MOTION to Exclude Defendant's Expert Witness filed by Health Food Associates Inc. (Attachments: # 1 Exhibit 1 - Deposition Transcript (Myers v Glenpool Health Svcs)# 2 Exhibit 2 - Villareal Expert Witness Report# 3 Exhibit 3 - Affidavit of Morey J. Villareal)(Hickey, John) (Entered: 09/05/2006)

RESPONSE in Opposition re 38 MOTION for Summary Judgment of EEOC filed by Health Food Associates Inc. (Attachments: # 1 Exhibit 1 - (OMITTED)# 2 Exhibit 2 - Oct 6, 2004 ltr from Barber & Bartz to EEOC# 3 Exhibit 3 - October 7, 2004 E-mail from EEOC# 4 Exhibit 4 - October 21, 2004 ltr from EEOC to Barber & Bartz)(Hickey, John) (Entered: 09/07/2006)

MOTION to Seal Document 50 Response in Opposition to Motion, by Health Food Associates Inc. (Hickey, John) (Entered: 09/07/2006)

RESPONSE in Opposition re 39 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-Application for Employment# 2 Exhibit 2- Filed Under Seal# 3 Exhibit 3- Stocking Commandments# 4 Exhibit 4-Affidavits# 5 Exhibit 5- Caldwell Deposition# 6 Exhibit 6- Parette Deposition# 7 Exhibit 7-Filed Under Seal# 8 Exhibit 8-Dienz Affidavit# 9 Exhibit 9-Blalock Deposition# 10 Exhibit 10-Garbacz Deposition# 11 Exhibit 11-Dienz Deposition# 12 Exhibit 12-Villareal Deposition# 13 Exhibit 13-Notes of Blalock# 14 Exhibit 14-Nusz Notes# 15 Exhibit 15-Nusz Affidavit# 16 Exhibit 16-Bratcher# 17 Exhibit 17-Akins Stores# 18 Exhibit 18-Merck Manual# 19 Exhibit 19-Plaintiff's Admissions# 20 Exhibit 20-Academic Record# 21 Exhibit 21-Milestone 1 Prog# 22 Exhibit 22-Gold Ages Job Rating# 23 Exhibit 23-Situational Assess# 24 Exhibit 24-Milestone 1 Determination# 25 Exhibit 25-Milestone 1 Progress Rpt# 26 Exhibit 26-Bridges to Work Cert# 27 Exhibit 27-Carbajal Affidavit# 28 Exhibit 28-RFI# 29 Exhibit 29-Under Seal# 30 Exhibit 30-EEOC Q&A)(Robertson, Michelle) (Entered: 09/08/2006)

NOTICE of Conventional Filing Exhibits Under Seal by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (Robertson, Michelle) (Entered: 09/08/2006)

SEALED DOCUMENT: Exhibits 2, 7, & 29 to Response and Objection to Dft's Motion for Summary Judgment 52 Notice of Conventional Filing 53 by Equal Employment Opportunity Commission. (nm, ) (Entered: 09/08/2006)

ORDER for Response re 51 MOTION to Seal Document 50 Response in Opposition to Motion, filed by Health Food Associates Inc, The plaitiff is directed to respond to the motion by Friday, September 15, 2006. Signed by Judge Joe Heaton on 9/11/06. (jw, ) (Entered: 09/11/2006)

UNOPPOSED MOTION for Leave to File Reply to Plaintiff's Response and Objection to Defendant's Motion for Summary Judgment by Health Food Associates Inc. (Hickey, John) (Entered: 09/12/2006)

RESPONSE to Motion re 51 MOTION to Seal Document 50 Response in Opposition to Motion, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1- KS caselaw# 2 Exhibit 2- Defendant's Answer)(Robertson, Michelle) (Entered: 09/12/2006)

UNOPPOSED MOTION for Leave to File Reply to Defendant's Response to EEOC's Motion for Partial Summary Judgment by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/12/2006)

DOCKET: Docket Call set for 11/1/2006 10:00 AM in Courtroom #303 before Honorable Joe Heaton. Jury Trial set for 11/6/2006 09:00 AM in Courtroom #304 before Honorable Joe Heaton. (Attachments: # 1 Courtroom General Rules) (jw, ) (Entered: 09/12/2006)

ORDER granting 56 Motion for Leave to File Reply. Defendant has until Monday, September 18, 2006, in which to file its reply . Signed by Judge Joe Heaton on 9/13/06. (jw, ) (Entered: 09/13/2006)

ORDER granting 58 Motion for Leave to File Reply, EEOC shall file its reply on or before Monday, September 18, 2006 . Signed by Judge Joe Heaton on 9/13/06. (jw, ) (Entered: 09/13/2006)

ORDER SETTING SETTLEMENT CONFERENCE Settlement Conference set for 10/18/2006 09:00 AM in Chambers before Magistrate Judge Bana Roberts. Statements are due by noon on 10/13/2006. Signed by Judge Bana Roberts on 9/14/2006. (bc, ) (Entered: 09/14/2006)

REPLY to Response to Motion re 38 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/18/2006)

REPLY to Response to Motion re 39 MOTION for Summary Judgment filed by Health Food Associates Inc. (Attachments: # 1 Exhibit 1 - Omitted (requested to be filed under seal)# 2 Exhibit 2 - Omitted (requested to be filed under seal)# 3 Exhibit 3 - Omitted (requested to be filed under seal)# 4 Exhibit 4 - Omitted (requested to be filed under seal)# 5 Exhibit 5 - Mark Parette Deposition# 6 Exhibit 6 - Shannon Caldwell Deposition# 7 Exhibit 7 - Cherry Dienz Deposition# 8 Exhibit 8 - Sandee Bratcher Deposition# 9 Exhibit 9 - John Blalock Deposition)(Hickey, John) (Entered: 09/18/2006)

UNOPPOSED MOTION to Seal Document 64 Reply to Response to Motion,, Exhibits 1 through 4 by Health Food Associates Inc. (Hickey, John) (Entered: 09/18/2006)

ORDER granting 65 Motion to Seal Document 65 UNOPPOSED MOTION to Seal Document 64 Reply to Response to Motion,, Exhibits 1 through 4 . Signed by Judge Joe Heaton on 9/19/06. (jw, ) (Entered: 09/19/2006)

NOTICE of Conventional Filing (Exhibits 1-4 to Defendant's Reply Brief in Support of Motion for Summary Judgment) by John M Hickey on behalf of Health Food Associates Inc (Hickey, John) (Entered: 09/20/2006)

UNOPPOSED MOTION for Leave to file Surreply by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/21/2006)

SEALED DOCUMENTS - Exhibits 1 through 4 to Defendant's Reply Brief in Support of Motion for Summary Judgment by Defendant Health Food Associates Inc. (pw, ) (Entered: 09/21/2006)

ORDER granting 68 Motion for Leave to file a surreply to defendant's reply to EEOC's response to defendant's motion for summary judgment. EEOC shall file its reply on or before Monday, September 25, 2006. Signed by Judge Joe Heaton on 9/21/06. (jw, ) (Entered: 09/21/2006)

SURREPLY re 64 Reply to Response to Motion,, filed by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/25/2006)

UNOPPOSED MOTION for Leave to file Exhibit 1 under seal by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/25/2006)

ORDER granting 72 Motion for Leave to file exhibit under seal. EEOC is permitted to file under seal its exhibit containing confidential information and referenced in its surreply . Signed by Judge Joe Heaton on 9/26/06. (jw, ) (Entered: 09/26/2006)

NOTICE of Conventional Filing of Sealed Exhibits Associated with EEOC's Surreply by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (Robertson, Michelle) (Entered: 09/26/2006)

SEALED DOCUMENT - Surreply of Plaintiff EEOC to Defendant's Motion for Summary Judgement - Exhibit 1 - by Equal Employment Opportunity Commission. (pw, ) (Entered: 09/26/2006)

DESIGNATION OF DEPOSITION TESTIMONY by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 10/02/2006)

DESIGNATION OF DEPOSITION TESTIMONY by Health Food Associates Inc of Cynthia Barnett. (Attachments: # 1 Exhibit Barnett Transcript (Part 1)# 2 Exhibit - Barnett Transcript (Part 2)# 3 Exhibit - Barnett Transcript (Part 3)# 4 Exhibit - Barnett Transcript (Part 4))(Hickey, John) (Entered: 10/02/2006)

DESIGNATION OF DEPOSITION TESTIMONY by Health Food Associates Inc of Sandee Bratcher. (Attachments: # 1 Exhibit - Bratcher Transcript (Part 1)# 2 Exhibit - Bratcher Transcript (Part 2)# 3 Exhibit - Bratcher Transcript (Part 3)# 4 Exhibit - Bratcher Transcript (Part 4)# 5 Exhibit - Bratcher Transcript (Part 5))(Hickey, John) (Entered: 10/03/2006)

DESIGNATION OF DEPOSITION TESTIMONY by Health Food Associates Inc of Cherry Dienz. (Attachments: # 1 Exhibit - Dienz Transcript (Part 1)# 2 Exhibit - Dienz Transcript (Part 2)# 3 Exhibit - Dienz Transcript (Part 3)# 4 Exhibit - Dienz Transcript (Part 4)# 5 Exhibit - Dienz Transcript (Part 5)# 6 Exhibit - Dienz Transcript (Part 6)# 7 Exhibit - Dienz Transcript (Part 7)# 8 Exhibit - Dienz Transcript (Part 8)# 9 Exhibit - Dienz Transcript (Part 9)# 10 Exhibit - Dienz Transcript (Part 10)# 11 Exhibit - Dienz Transcript (Part 11)# 12 Exhibit - Dienz Transcript (Part 12)# 13 Exhibit - Dienz Transcript (Part 13)# 14 Exhibit - Dienz Transcript (Part 14)# 15 Exhibit - Dienz Transcript (Part 15))(Hickey, John) (Entered: 10/03/2006)

DESIGNATION OF DEPOSITION TESTIMONY by Health Food Associates Inc of John Blaylock. (Attachments: # 1 Exhibit - Blaylock Transcript (Part 1)# 2 Exhibit - Blaylock Transcript (Part 2)# 3 Exhibit - Blaylock Transcript (Part 3)# 4 Exhibit - Blaylock Transcript (Part 4)# 5 Exhibit - Blaylock Transcript (Part 5)# 6 Exhibit - Blaylock Transcript (Part 6)# 7 Exhibit - Blaylock Transcript (Part 7)# 8 Exhibit - Blaylock Transcript (Part 8)# 9 Exhibit - Blaylock Transcript (Part 9)# 10 Exhibit - Blaylock Transcript (Part 10)# 11 Exhibit - Blaylock Transcript (Part 11)# 12 Exhibit - Blaylock Transcript (Part 12)# 13 Exhibit - Blaylock Transcript (Part 13)# 14 Exhibit - Blaylock Transcript (Part 14)# 15 Exhibit - Blaylock Transcript (Part 15)# 16 Exhibit - Blaylock Transcript (Part 16)# 17 Exhibit - Blaylock Transcript (Part 17)# 18 Exhibit - Blaylock Transcript (Part 18)# 19 Exhibit - Blaylock Transcript (Part 19)# 20 Exhibit - Blaylock Transcript (Part 20)# 21 Exhibit - Blaylock Transcript (Part 21))(Hickey, John) (Entered: 10/03/2006)

DESIGNATION OF DEPOSITION TESTIMONY by Health Food Associates Inc of Andria Talbert. (Attachments: # 1 Exhibit - Talbert Transcript (Part 1)# 2 Exhibit - Talbert Transcript (Part 2)# 3 Exhibit - Talbert Transcript (Part 3)# 4 Exhibit - Talbert Transcript (Part 4)# 5 Exhibit - Talbert Transcript (Part 5)# 6 Exhibit - Talbert Transcript (Part 6)# 7 Exhibit - Talbert Transcript (Part 7)# 8 Exhibit - Talbert Transcript (Part 8)# 9 Exhibit - Talbert Transcript (Part 9)# 10 Exhibit - Talbert Transcript (Part 10)# 11 Exhibit - Talbert Transcript (Part 11)# 12 Exhibit - Talbert Transcript (Part 12)# 13 Exhibit - Talbert Transcript (Part 13)# 14 Exhibit - Talbert Transcript (Part 14)# 15 Exhibit - Talbert Transcript (Part 15)# 16 Exhibit - Talbert Transcript (Part 16))(Hickey, John) (Entered: 10/03/2006)

DESIGNATION OF DEPOSITION TESTIMONY by Equal Employment Opportunity Commission of Joe Garbacz-Amended by EEOC. (Robertson, Michelle) (Entered: 10/03/2006)

MOTION for Protective Order by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-Request for Admission# 2 Exhibit 2-Amended Admission# 3 Exhibit 3-Notice of Deposition# 4 Exhibit 4-Callaway case# 5 Exhibit 5-Dayton case)(Robertson, Michelle) (Entered: 10/03/2006)

ORDER denying 32 Motion to Exclude, denying 38 Motion for Summary Judgment, granting 39 Motion for Summary Judgment, as more fully set out . Signed by Judge Joe Heaton on 10/4/06. (jw, )

JUDGMENT in favor of Health Foods Associates against EEOC. Signed by Judge Joe Heaton on 10/4/06. (jw, ) (Entered: 10/04/2006)

BILL OF COSTS by Health Food Associates Inc. (Hickey, John) (Entered: 10/18/2006)

AFFIDAVIT re 86 Bill of Costs by Health Food Associates Inc. (Attachments: # 1 Attachment - Bill of Costs)(Hickey, John) (Entered: 10/18/2006)

BRIEF IN SUPPORT re 86 Bill of Costs by Health Food Associates Inc. (Hickey, John) (Entered: 10/18/2006)

MOTION for Attorney Fees and Costs, and Supporting Brief by Health Food Associates Inc. (Attachments: # 1 Exhibit A - Fees# 2 Exhibit A - Costs)(Hickey, John) (Entered: 10/18/2006)

NOTICE OF BILL OF COSTS HEARING, Bill of Costs Hearing set for 11/30/2006 10:00 AM in Court Clerk's Office (jw, ) (Entered: 10/19/2006)

OBJECTIONS re 89 MOTION for Attorney Fees and Costs, and Supporting Brief filed by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 11/06/2006)

OBJECTIONS re 86 Bill of Costs filed by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 11/06/2006)

MOTION for Leave to File Reply in support of Defendant's Application for Award of Attorney Fees, and Supporting Brief [Dkt 89] by Health Food Associates Inc. (Hickey, John) (Entered: 11/09/2006)

ORDER denying 89 Motion for Attorney Fees, denying 93 Motion for Leave to File Reply, as more fully set out . Signed by Judge Joe Heaton on 11/16/06. (jw, ) (Entered: 11/16/2006)

STIPULATION on bill of costs by Health Food Associates Inc. (Kingsolver, Paul) (Entered: 11/28/2006)

Costs Taxed in amount of $ 3,886.99 per agreement of parties against plaintiff (pw, ) (Entered: 12/04/2006)

NOTICE OF APPEAL as to 85 Judgment by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 12/01/2006)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 96 Notice of Appeal (dl, ) (Entered: 12/04/2006)

USCA Case Number 06-6354 for 96 Notice of Appeal filed by Equal Employment Opportunity Commission. (dl, ) (Entered: 12/11/2006)

TRANSCRIPT Order Form by Equal Employment Opportunity Commission re 96 Notice of Appeal that transcripts are not necessary. See order form for dates and proceedings. (Robertson, Michelle) (Entered: 12/14/2006)