Case: EEOC v. Vivendi Universal Studios

2:03-cv-07023 | U.S. District Court for the Central District of California

Filed Date: Sept. 30, 2003

Closed Date: June 25, 2008

Clearinghouse coding complete

Case Summary

In September 2003, the Los Angeles and New York District Offices and San Diego Office of the EEOC filed this lawsuit against the collective enterprises making up Universal Pictures (Vivendi Universal SA, Vivendi Universal Group LLP, Universal Pictures, Universal Studios LLLP, Vivendi Universal Entertainment LLLP, Universal City Studios LLLP, Universal Pictures Inc.) in the U.S. District Court for the Central District of California, alleging discrimination on the basis of race in violation of Ti…

In September 2003, the Los Angeles and New York District Offices and San Diego Office of the EEOC filed this lawsuit against the collective enterprises making up Universal Pictures (Vivendi Universal SA, Vivendi Universal Group LLP, Universal Pictures, Universal Studios LLLP, Vivendi Universal Entertainment LLLP, Universal City Studios LLLP, Universal Pictures Inc.) in the U.S. District Court for the Central District of California, alleging discrimination on the basis of race in violation of Title VII of the Civil Rights Act of 1964.

We do not have a copy of the complaint; therefore, the exact allegations involved are unknown. However, it appears the EEOC's 2006 press release that the defendant allegedly terminated the employment of the complainant from his position as first assistant director on the film "2 Fast 2 Furious" based upon his race. The complainant intervened in the lawsuit in March 2005. Following extensive discovery, a failed motion for summary judgment by the defendant, and defendant's successful motion to dismiss breach of contract and fraud claims by the intervenor-plaintiff upheld by the 9th Circuit, the lawsuit was tried before a jury in June 2007, and before the judge in June 2007. The intervenor and defendant reached a confidential settlement on June 13, 2006.

The defendant's motion for judgment as a matter of law was granted in October 10, 2007. The court found that there was no basis for injunctive relief because the defendant had not committed an unlawful employment practice and they were unlikely to engage in future unlawful employment practices (Judge Gary A. Feess). The Court billed the EEOC $54,313.07 in costs for the lawsuit.

The EEOC appealed this judgment to the Ninth Circuit Court of Appeals on December 5, 2007. On June 25, 2008, the EEOC voluntarily dismissed their appeal.

The case is closed.

Summary Authors

Daisy Manning (4/14/2008)

Cedar Hobbs (11/17/2019)

People


Judge(s)

Feess, Gary Allen (California)

Lum, Jennifer T. (California)

Attorneys(s) for Plaintiff

Li, Derek W (California)

Liem, Connie (California)

McClinton, Gregory L. (Hawaii)

Park, Anna Y. (California)

Rojas, Cherry-Marie D. (California)

Rose, Robert D. (New York)

Attorneys(s) for Defendant

Cochran, Steve (California)

Gray, Jeremy J. (California)

Judge(s)

Feess, Gary Allen (California)

Lum, Jennifer T. (California)

Attorneys(s) for Plaintiff

Li, Derek W (California)

Liem, Connie (California)

McClinton, Gregory L. (Hawaii)

Park, Anna Y. (California)

Rojas, Cherry-Marie D. (California)

Rose, Robert D. (New York)

Attorneys(s) for Defendant

Cochran, Steve (California)

Gray, Jeremy J. (California)

Hofeldt, Tiffany (California)

Khamis, Rania (California)

Larsen, Ryan J (California)

Other Attorney(s)

Moore, Portasha R (California)

Powell, Angela Marie (California)

Rochester, Angela Ivy (California)

Sweeney, John Edward (California)

Documents in the Clearinghouse

Document

2:03-cv-07023

06-55131

Docket [PACER - 9th Cir.]

EEOC v. Vivendi Universal S. A.

U. S. Court of Appeals for the Ninth Circuit

May 24, 2007

May 24, 2007

Docket

2:03-cv-07023

Docket [PACER]

US EEOC v. Vivendi Universal

June 25, 2008

June 25, 2008

Docket

2:03-cv-07023

EEOC Press Release: "EEOC Sues Universal Studios for Race Discrimination"

EEOC v. Vivendi Universal S. A.

No Court

Sept. 30, 2003

Sept. 30, 2003

Press Release
53

2:03-cv-07023

Order Re Defendants' Motion to Compel Mental Examination of Frank Davis

EEOC v. Universal Pictures

March 16, 2005

March 16, 2005

Order/Opinion
87

2:03-cv-07023

Memorandum and Order Regarding Defendants' Motion to Dismiss Plaintiff-in-Intervention's Complaint

EEOC v. Universal Pictures

Nov. 3, 2005

Nov. 3, 2005

Order/Opinion
114

2:03-cv-07023

Memorandum and Order Regarding Defendants' Motion to Dismiss Plaintiff-in-Intervention's Second Amended Complaint

EEOC v. Universal Pictures

Dec. 20, 2005

Dec. 20, 2005

Order/Opinion
174

2:03-cv-07023

Ruling on Defendants' Motion for Summary Judgment

EEOC v. Universal Pictures

April 20, 2006

April 20, 2006

Order/Opinion

2:03-cv-07023

EEOC Press Release: "EEOC Race Bias Suit Against Universal Pictures Moves Forward to Trial, Court Rules"

EEOC v. Universal Pictures

No Court

April 28, 2006

April 28, 2006

Press Release
380

2:03-cv-07023

Stipulation for Dismissal

EEOC v. Universal Pictures

July 20, 2007

July 20, 2007

Order/Opinion
391

2:03-cv-07023

Judgment

EEOC v. Universal Pictures

Oct. 10, 2007

Oct. 10, 2007

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) 20 days issued referred to Discovery Jennifer T. Lum (rrey) (Entered: 10/02/2003)

Sept. 30, 2003

Sept. 30, 2003

2

CERTIFICATION AS TO INTERESTED PARTIES filed by plaintiff USEEOC (rrey) (Entered: 10/02/2003)

Sept. 30, 2003

Sept. 30, 2003

3

FIRST AMENDED COMPLAINT [1−1] by plaintiff USEEOC terminating defendant Vivendi Univ Group; adding Universal Pictures; jury demand. Summons not issued (bp) (Entered: 12/05/2003)

Dec. 3, 2003

Dec. 3, 2003

4

WAIVER OF SERVICE Returned Executed filed by plaintiff U S Equal Employment Opportunity Commission. upon Universal Pictures Inc waiver sent by Plaintiff on 12/3/2003, answer due 2/1/2004; Vivendi Universal S A waiver sent by Plaintiff on 12/3/2003, answer due 2/1/2004. Waiver of Service signed by Jeremy Gray, attorney. (bp, ) (Entered: 01/10/2004)

Jan. 8, 2004

Jan. 8, 2004

6

ANSWER amended complaint filed by plaintiff Universal Pictures Inc, Vivendi Universal S A.(bp, ) (Entered: 02/05/2004)

Feb. 3, 2004

Feb. 3, 2004

FAX number for Attorney Jeremy J Gray is 310−788−4471. (bp, ) (Entered: 02/05/2004)

Feb. 3, 2004

Feb. 3, 2004

5

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Gary A. Feess ORDERING answer to complaint submitted by Defendant Universal Pictures Inc received on 2/3/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp, ) (Entered: 02/05/2004)

Feb. 4, 2004

Feb. 4, 2004

7

ORDER regarding rule 26(f) Conference set for 3/8/2004 01:30 PM before Honorable Gary A. Feess.(bp, ) (Entered: 02/09/2004)

Feb. 6, 2004

Feb. 6, 2004

8

STIPULATION AND ORDER by Judge Gary A. Feess, continuing the Scheduling Conference to 4/19/2004 01:30 PM before Honorable Gary A. Feess.(bp, ) (Entered: 03/04/2004)

March 2, 2004

March 2, 2004

11

JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 10 days. (sv) (Entered: 04/22/2004)

April 12, 2004

April 12, 2004

9

MINUTES: Scheduling Conference held. Court will provide counsel with a written scheduling and case management order with dates. Gary A. Feess : Court Reporter: Lisa Gonzalez. (bp, ) (Entered: 04/21/2004)

April 19, 2004

April 19, 2004

10

SCHEDULING AND CASE MANAGEMENT ORDER by Judge Gary A. Feess: Last to Amended Pleadings or add parties 9/3/2004. Discovery cut−off 12/31/2004. Last day for hearing motions 1/24/2005. Hearing on motions in Limine 3/21/2005. Proposed Pretrial Order due by 2/14/2005. Last date to conduct settlement conference is 1/31/2005. Jury Trial set for 3/29/2005 08:30 AM before Honorable Gary A. Feess. Pretrial Conference set for 2/28/2005 03:00 PM before Honorable Gary A. Feess.(bp, ) (Entered: 04/21/2004)

April 19, 2004

April 19, 2004

12

NOTICE of Appearance of Government Attorney filed by attorney Connie Liem on behalf of Plaintiff U S Equal Employment Opportunity Commission (ir, ) (Entered: 10/15/2004)

Oct. 13, 2004

Oct. 13, 2004

FAX number for Attorney Connie Liem is 213−894−1301. (ir, ) (Entered: 10/15/2004)

Oct. 13, 2004

Oct. 13, 2004

13

STIPULATION AND ORDER TO EXTEND THE DISCLOSURE OF EXPERTS AND ORDER THEREON by Judge Gary A. Feess : It is hereby ordered that the parties disclose their experts pursuant to Fed.R.Civ.P.Rule 26(a)(2)(B) by November 19, 2004. It is further ordered taht the parties make their counter−designations pursuant to Fed.R.Civ.P. Rule 26(a)(2)(C).(ca, ) (Entered: 10/25/2004)

Oct. 21, 2004

Oct. 21, 2004

14

DECLARATION of Gregory L McClinton in support of the parties stipulation and request for extension of expert disclosure date 13 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 11/19/2004)

Nov. 17, 2004

Nov. 17, 2004

15

STIPULATION AND ORDER by Judge Gary A. Feess : For Good Cause Shown, IT IS ORDERED that the Parties disclose their experts pursuant to Fed.R.Civ.P. Rule 26(a)(2)(b) by December 10, 2004. It is further ordered that the Parties make their counter−designations pursuant to Fed.R.Civ.P. Tule 26(a)(2)(c).(shb, ) (Entered: 11/22/2004)

Nov. 18, 2004

Nov. 18, 2004

16

NOTICE OF MOTION AND MOTION to Compel Defendants Responses to EEOC Discovery Requests filed by Plaintiff U S Equal Employment Opportunity Commission. Motion set for hearing on 12/21/2004 at 10:00 AM before Magistrate Judge Jennifer T. Lum. (ir, ) (Entered: 12/02/2004)

Dec. 1, 2004

Dec. 1, 2004

17

DECLARATION of Angela Rochester 16 filed by Defendants Universal Pictures Inc, Vivendi Universal S A. (ir, ) (Entered: 12/02/2004)

Dec. 1, 2004

Dec. 1, 2004

18

DECLARATION of Connie K Liem in support of Plaintiff Motion to Compel Defendants Responses to EEOC Discovery Requests 16 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 12/02/2004)

Dec. 1, 2004

Dec. 1, 2004

21

NOTICE OF MOTION AND MOTION to Compel certain Interrogatories and responses and production of certain documents filed by defendants Vivendi Universal S A, Universal Pictures Inc. Motion set for hearing on 1/11/2005 at 10:00 AM before Magistrate Judge Jennifer T. Lum. Lodged proposed order. (bp, ) (Entered: 12/14/2004)

Dec. 7, 2004

Dec. 7, 2004

22

JOINT STIPULATION re MOTION to Compel Answers to Interrogatories 21 filed by plaintiff and defendants U S Equal Employment Opportunity Commission, Vivendi Universal S A, Universal Pictures Inc. (bp, ) (Entered: 12/14/2004)

Dec. 7, 2004

Dec. 7, 2004

23

DECLARATION of Angela Rochester re MOTION to Compel Answers to Interrogatories 21 filed by defendants Vivendi Universal S A, Universal Pictures Inc. (bp, ) (Entered: 12/14/2004)

Dec. 7, 2004

Dec. 7, 2004

24

SUPPLEMENTAL MEMORANDUM re: joint stipulation of plaintiff's MOTION to Compel 16 filed by defendants' Vivendi Universal S A, Universal Pictures Inc. (bp, ) (Entered: 12/14/2004)

Dec. 7, 2004

Dec. 7, 2004

25

PROOF OF SERVICE filed by defendants' Vivendi Universal S A, Universal Pictures Inc. re Motion Related Document 22 , Declaration (Motion related) 23 , Motion Related Document 24 , MOTION to Compel Answers to Interrogatories 21 , was served on 12/7/04. (bp, ) (Entered: 12/14/2004)

Dec. 7, 2004

Dec. 7, 2004

26

SUPPLEMENTAL MEMORANDUM to joint stipulation re: MOTION to Compel 16 filed by plaintiff U S Equal Employment Opportunity Commission. (bp, ) (Entered: 12/14/2004)

Dec. 7, 2004

Dec. 7, 2004

20

JOINT STIPULATION FOR CONTINUANCE OF TRIAL AND PRETRIAL DATES AND ORDER by Judge Gary A. Feess: Dates are continued as follows: Trial is continued to 6/21/2005 08:30 AM. Hearing on Motions in Limine; Hearing on disputed jury instructions 6/14/2005. Pretrial Conference; Motions in limine to be filed; proposed voir dire Qs lodged and agreed to statement of case 5/17/2005 03:00 PM.Lodge pretrial conf order; file memo of contentions of fact and law; Exhibit and Witness List; File Status Report re settlement; file agreed upon set of jury instructions and verdict forms; file joint statement re disputed instructions, verdicts etc 5/3/2005. Last date to conduct settlement conference is 4/19/2005. Last day for hearing Motions 4/12/2005. Discovery cut−off 4/5/2005. Expert discovery is to be concluded by the discovery cut off date. Accordingly the disclosure of expert witnesses in full compliance with Rule 26(a)(2), FRCP is ordered no later than 70 days before the discovery cut off. Counter designations are to be made pursuant to FRCP 26(a)(2)(c) 1/26/05. (mch, ) (Entered: 12/10/2004)

Dec. 9, 2004

Dec. 9, 2004

29

JOINT STIPULATION AND ORDER by Judge Jennifer T. Lum : Hear and/or take under submission both Motions to Compel 16 , 21 on 12/21/04..(ir, ) (Entered: 12/21/2004)

Dec. 10, 2004

Dec. 10, 2004

27

SUPPLEMENTAL EXHIBIT filed by Defendants Vivendi Universal S A, Universal Pictures Inc in opposition to Plaintiffs motion to compel 16 ; Declaration of Angela Rochester in support thereof. (ir, ) (Entered: 12/16/2004)

Dec. 14, 2004

Dec. 14, 2004

28

SUPPLEMENTAL MEMORANDUM to Joint Stipulation regarding Universal Motion to compel certain Interrogatory Responses and Production of Certain documents 21 filed by Defendants Vivendi Universal S A, Universal Pictures Inc.; Declaration of Angela Rochester in support thereof. (ir, ) (Entered: 12/16/2004)

Dec. 14, 2004

Dec. 14, 2004

30

NOTICE of Resolved Issues regarding Motion to compel production of documents 16 , 21 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 12/21/2004)

Dec. 20, 2004

Dec. 20, 2004

31

MINUTES OF Discovery Hearing held before Jennifer T. Lum re Plaintiff's Motion to Compel Defendant's Responses Request for Production of Documents. See Minute Order for specifics. (dp, ) (Entered: 12/22/2004)

Dec. 22, 2004

Dec. 22, 2004

PLACED IN FILE − NOT USED re proposed order re plaintiff's motion to compel defendant's responses to discovery requests submitted by plaintiff U S Equal Employment Opportunity Commission. (dp, ) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

PLACED IN FILE − NOT USED re proposed order re joint stipulation re Universal's Motion to Compel submitted by defendants Vivendi Universal S A, Vivendi Universal Group LLP, Universal Pictures Inc. (dp, ) (Entered: 01/06/2005)

Jan. 6, 2005

Jan. 6, 2005

33

NOTICE OF MOTION AND MOTION for leave to Intervene filed by Intervenor Plaintiff Frank Davis. Motion set for hearing on 3/14/2005 at 09:30 AM before Honorable Gary A. Feess.; Declaration of John E Sweeney in support thereof. (ir, ) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

34

CERTIFICATION as to Interested Parties filed by Intervenor Plaintiff Frank Davis. (ir, ) (Entered: 02/18/2005)

Feb. 17, 2005

Feb. 17, 2005

36

NOTICE of Continuance of Motion for leave to Intervene 33 filed by Plaintiffs U S Equal Employment Opportunity Commission, Frank Davis. (ir, ) (Entered: 02/24/2005)

Feb. 22, 2005

Feb. 22, 2005

37

JOINT STIPULATION regarding Universal Motion to Compel Mental Examination of Frank Davis. (ir, ) (Entered: 02/24/2005)

Feb. 22, 2005

Feb. 22, 2005

38

NOTICE of Joint Stipulation regarding Universl Motion to compel Mental Examination of Frank Davis filed by Defendants Vivendi Universal S A, Universal Pictures Inc.; Lodged Proposed Order. (ir, ) (Entered: 02/24/2005)

Feb. 22, 2005

Feb. 22, 2005

39

PROOF OF SERVICE [Personal Service] filed by Defendants Vivendi Universal Group LLP, Universal Pictures Inc regarding Joint Stipulation regarding Universal Motion to compel Mental Examination of Frank Davis 37 , and Notice of Joint Stipulation regarding Universal Motion to compel mental examination of Frank Davis 38 was served on 2/22/05. (ir, ) (Entered: 02/24/2005)

Feb. 22, 2005

Feb. 22, 2005

35

STIPULATION AND ORDER by Judge Gary A. Feess: Defendants deadline to disclose rebuttal experts and/or submit rebuttal reports pursuant to FRCP 26 is extended from 2/25/05 to 3/18/05 or three weeks from the date in which Plaintiff produces documents and/or reports referenced in and/or relied upon by Plaintiffs experts whichever is later.(ir, ) (Entered: 02/24/2005)

Feb. 23, 2005

Feb. 23, 2005

40

MINUTES OF IN CHAMBERS ORDER by Judge Jennifer T. Lum re Defendant's Motion to Compel Mental Examination. Court finds this matter apporpriate for decision without oral argument. Hearing vacated. See Minute Order for specifics. (dp, ) (Entered: 02/24/2005)

Feb. 24, 2005

Feb. 24, 2005

41

STATEMENT of Non−Opposition to Motion to Intervene 33 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 03/03/2005)

Feb. 25, 2005

Feb. 25, 2005

43

OPPOSITION to Motion for leave to Intervene 33 filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (ir, ) (Entered: 03/04/2005)

Feb. 28, 2005

Feb. 28, 2005

44

DECLARATION of Rania Khamis in support of Universal opposition to motion for leave to Intervene 33 filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (ir, ) (Entered: 03/04/2005)

Feb. 28, 2005

Feb. 28, 2005

45

PROOF OF SERVICE (Personal Service) filed by Defendants Vivendi Universal S A, Universal Pictures Inc Opposition to Motion for leave to Intervene 43 , Declaration of Rania Khamis in support of Universal Opposition to motion for leave to intervene 44 was served on 2/28/05. (ir, ) (Entered: 03/04/2005)

Feb. 28, 2005

Feb. 28, 2005

46

SUPPLEMENTAL Memorandum to Joint Stipulation regarding Universal motion to compel Mental Examination of Frank Davis 37 filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (ir, ) (Entered: 03/04/2005)

March 1, 2005

March 1, 2005

47

DECLARATION of Rania Khamis in support of Universal Supplemental Memorandum to Joint Stipulation regarding Universal motion to compel mental examinatio of Frank Davis 46 filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (ir, ) (Entered: 03/04/2005)

March 1, 2005

March 1, 2005

48

DECLARATION of Dr Stefanie D Peters in support of Universal Supplemental memorandum to Joint Stipulation regarding Universal motionto compel mental examination of Frank Davis 46 filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (ir, ) (Entered: 03/04/2005)

March 1, 2005

March 1, 2005

49

PROOF OF SERVICE (Personal Service) filed by Defendants Vivendi Universal S A, Universal Pictures Inc of Universal Supplemental Memorandum to Joint Stipulation regarding Universal motion to compel mental examination to Frank Davis 46 , Declaration of Dr Stephanie D Peters 48 , Declaration of Rania Khamis 48 was served on 3/1/05. (ir, ) (Entered: 03/04/2005)

March 1, 2005

March 1, 2005

50

REQUEST to Strike and Objections to Defendants Declaration of Dr Stefanie D Peters 48 filed concurrently with Universal Supplemental Memorandum and Motion to compel mental examination of Frank Davis filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 03/04/2005)

March 2, 2005

March 2, 2005

51

SUPPLEMENTAL MEMORANDUM of Points and Authorities in Opposition to Defendants Motion for an Independent Medical Examination of Frank Davis filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 03/04/2005)

March 2, 2005

March 2, 2005

42

STIPULATED PROTECTIVE ORDER by Judge Gary A. Feess: the following documents will be subject to this Protective Order (see document for further details)(syb, ) (Entered: 03/04/2005)

March 3, 2005

March 3, 2005

52

MINUTES: Plaintiff in Intevention motion to Intervene 33 (Filed 2/17/05); Matter called. Counsel state their appearances for the record. Counsel argue their motion to the Court. Court orders counsel for Intervener to obtain a declaration from Ms Davis under the penalty of perjury, outlining the date he attempted to seek counsel from whom he atttempted to seek counsel, and the dates on which he was advised that requested counsel would not represent Mr Davis. This declaration is to be presented to the Court not later than 3/25/05. Upon receipt of said declaration, Court will review same to determine if the delay to intervene was justified and valid. Court orders that any motion for summary judgment to be filed in this case is to be filed not later than 4/4/05 by Judge Gary A. Feess Court Reporter: Lisa Gonzalez. (ir, ) (Entered: 03/16/2005)

March 14, 2005

March 14, 2005

53

ORDER RE DEFENDANTS' MOTION TO COMPEL MENTAL EXAMINATION OF FRANK DAVIS by Judge Jennifer T. Lum. Plaintiff's Request to Strike 50 is DENIED. Defendants' Motion to Compel Mental Examination is DENIED. [See Order for details.] (ch, ) (Entered: 03/16/2005)

March 16, 2005

March 16, 2005

54

JOINT STIPULATION for Continuance of Discovery Cutoff and Motion for Summary Judgment filed by Plaintiff and Defendants. Lodged Order. (jp, ) (Entered: 03/29/2005)

March 25, 2005

March 25, 2005

55

DECLARATION of FRANK DAVIS in support of his MOTION to Intervene 33 filed by intervenor plaintiff Frank Davis. (jp, ) (Entered: 03/29/2005)

March 25, 2005

March 25, 2005

56

ORDER by Judge Gary A. Feess: Discovery cut−off continued from 4/5/05 to 5/20/2005. Deadline to submit motions for summary judgment is extended from 4/4/05 to 4/11/05.(ir, ) (Entered: 03/29/2005)

March 28, 2005

March 28, 2005

57

MINUTES: (In Chambers) Because Title VII grants Davis intervention as of right and his application to intervene is timely, the Court GRANTS the motion to intervene 33 . In addition Court is aware that the current case management schedule may not give the parties sufficient time to conduct additional pretrial motions and discovery. Accordingly Court VACATES the current case management schedule. Parties are hereby ORDERED to jointly submit proposed new dates by 4/8/05 IT IS SO ORDERED by Judge Gary A. Feess Court Reporter: None Present. (ir, ) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

58

COMPLAINT IN INTERVENTION with Jury Demand against Intervenor Defendants Universal Pictures, Universal Studios LLLP, Vivendi Universal Entertainment LLLP filed by Plaintiff in Intervention Frank Davis.(ir, ) (Entered: 04/05/2005)

March 29, 2005

March 29, 2005

59

MINUTES: (In Chambers) CASE SCHEDULE; Court has read the parties competing submissions regarding a new case schedule in this matter. Attached hereto is a newe schedule of dates in this case; Jury Trial 3/14/06 at 8:30; Jury Trial: Hearing on motions in limine; Hearing on Disputed Jury Instructions 3/6/06; Pretrial Conference; Motions in limine to be filed; Proposed Voir Dire Questions lodged and Agreed−to Statement of Case 2/13/06 at 3:30; Lodge Pretrial Conference Order; File Memorandum of Contentions of Fact and law; Exhibit and Witness lists; File Status Report regarding Settlement; File Agreed upon set of Jury Instructions and Verdict Forms; File Joint Statement regarding Disputed Instructions, Verdicts, etc 1/30/06; Last day to conduct Settlement Conference 1/20/06; Last day for hearing motions 1/9/06 at 9:30; Discovery cut−off 12/1/05 by Judge Gary A. FeessCourt Reporter: None. (ir, ) (Entered: 04/15/2005)

April 14, 2005

April 14, 2005

61

MINUTES: (In Chambers) AMENDED ORDER REGARDING CASE MANAGEMENT; Court has read the parties competing submissions regarding a new case schedule in this matter. Attached hereto is a new schedule of dates in this case. Parties should note that the Court is seting a single discovery cut−off date by which all discovery fact and expert must be concluded. Jury Trial 3/14/06 at 8:30; Jury Trial: Hearing on Motions in limine; Hearing on Disputed Jury Instructions 3/6/06; Pretrial Conference; Motions in limine to be filed; Proposed Voir Dire Questions lodged and Agreed to Statement of Case 2/13/06 at 3:30; Lodge Pretrial Conference Order; File Memoandum of Contentions of Fact and Law; Exhibit and Witness lists; File Status Report regarding Settlement; File Agreed Upon set of Jury Instructions and Verdict Forms; File Joint Statement regarding Disputed Isntructions, Verdicts, etc 1/30/06; Last day to conduct Settlement Conference 1/20/06; Last day for hearing motions 1/9/06 at 9:30; Discovery cut−off 12/1/05 IT IS SO ORDERED by Judge Gary A. Feess Court Reporter: None. (ir, ) (Entered: 04/18/2005)

April 14, 2005

April 14, 2005

PLACED IN FILE − NOT USED re Proposal regarding case management dates submitted by plaintiff−in−intervention Frank Davis. (ca, ) (Entered: 04/22/2005)

April 14, 2005

April 14, 2005

PLACED IN FILE − NOT USED re Universals proposal regarding scheduling trial and pretrial dates; declaration of Jeremy J.F. Gray; Proposed Order thereon (Exhibit A) submitted by defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ca, ) (Entered: 04/22/2005)

April 14, 2005

April 14, 2005

62

NOTICE of Change of Firm Name by attorneys Steve Cochran, Jeremy J Gray, Rania Khamis, Angela Ivy Rochester for Defendants Vivendi Universal S A, Vivendi Universal Group LLP, Universal Pictures Inc, changing Firm Name from Katten Muchin Zavis Rosenman to Katten Muchin Rosenman LLP. Filed by Defendants Universal Pictures, a Division of Universal City Studios LLLP and Vivendi Universal Entertainment LLLP (ir, ) (Entered: 05/10/2005)

May 9, 2005

May 9, 2005

64

NOTICE OF DISCREPANCY AND ORDER: by Judge Gary A. Feess, ORDERING Plaintiff In−Intervention First Amended complaint in Intervention submitted by Intervenor Plaintiff Frank Davis received on 7/1/05 is not to be filed but instead rejected. Denial based on: First Amended complaint filed 12/3/05 Amendment requires stipulation and order or motion.(ir, ) (Entered: 07/19/2005)

July 5, 2005

July 5, 2005

63

FIRST AMENDED INTERVENOR COMPLAINT against Defendants in Intervention Universal Pictures, Universal Studios LLLP, Vivendi Universal Entertainment LLLP with Jury Demand filed by Plaintiff in Intervention Frank Davis.(ir, ) (Entered: 07/13/2005)

July 11, 2005

July 11, 2005

68

JOINT STIPULATION to Strike Jamaica Carter as plaintiff's witness for failure to provide address to serve subpoena. (sv) (Entered: 08/02/2005)

July 22, 2005

July 22, 2005

69

DECLARATION of Angela Rochester in support of motion to strike Jamaica Carter's witness for failure to provide address to serve subpoena filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (sv) (Entered: 08/02/2005)

July 22, 2005

July 22, 2005

70

DECLARATION of Connie K Liem in support of motion to strike Jamaica Carter as a witness filed by Defendants Vivendi Universal S A, Universal Pictures Inc. (sv) (Entered: 08/02/2005)

July 22, 2005

July 22, 2005

65

MINUTES OF IN CHAMBERS ORDER by Judge Jennifer T. Lum re Defendant's Motion to Strike Plaintiff's Witness for Failure to Provide Address. Court finds motion is appropriate for decision without hearing. Memoranda of law shall be filed no later than August 2. See Minute Order for specifics. (dp, ) (Entered: 07/27/2005)

July 26, 2005

July 26, 2005

66

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 3/14/05 Court Reporter: Lisa M. Gonzalez (mo, ) (Entered: 07/28/2005)

July 28, 2005

July 28, 2005

67

TRANSCRIPT filed for proceedings held on 3/14/05. Court Reporter: Lisa M. Gonzalez. (mo, ) (Entered: 07/28/2005)

July 28, 2005

July 28, 2005

72

SUPPLEMENTAL BRIEF regarding Joint Stipulation of Universal Motion to strike Jamaica Carter as Plaintiff Witness for failure to provide addresss to serve subpoena 50 filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 08/08/2005)

Aug. 2, 2005

Aug. 2, 2005

73

DECLARATION of Rania Khamis in support of Universal Supplemental Memorandum to Joint Stipulation regarding Universal 50 filed by Defendants Universal Pictures, Universal Studios LLLP. (ir, ) (Entered: 08/08/2005)

Aug. 2, 2005

Aug. 2, 2005

74

MINUTES OF IN CHAMBERS ORDER by Judge Jennifer T. Lum denying Motion to Strike Jamaica Carter as Plaintiff's witness. See Minute Order for specifics. (dp, ) (Entered: 08/18/2005)

Aug. 17, 2005

Aug. 17, 2005

75

STIPULATION AND ORDER by Judge Gary A. Feess: Universal shall file its Motion to dismiss no later than 9/19/05, Motion hearing be scheduled for 10/17/05, Davis opposition shall be due on 10/3/05 and Universal reply shall be due on 10/11/05.(ir, ) (Entered: 08/26/2005)

Aug. 25, 2005

Aug. 25, 2005

78

NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint−In−Invention 63 filed by intervenor defendants Universal Studios LLLP, Vivendi Universal Entertainment LLLP. Motion set for hearing on 10/17/2005 at 10:00 AM before Honorable Gary A. Feess. (jp, ) (Entered: 09/28/2005)

Sept. 19, 2005

Sept. 19, 2005

79

MEMORANDUM of Points and Authorities in Support of Defendants Universal Pictures and Vivendi Universal Entertainment LLLP Motion to Dismiss claims alleged in the Complain in Intervention for breach of contract, fraud and unfair business practices FRCP 12(b)(6) and 9(b) 63 78 filed by Defendants Vivendi Universal Entertainment LLLP, Universal Pictures Inc. (ir, ) (Entered: 09/28/2005)

Sept. 19, 2005

Sept. 19, 2005

80

REQUEST FOR JUDICIAL NOTICE in support of Motion to dismiss First Amended Complaint−In−Intervention 63 78 filed by Defendants Vivendi Universal Entertainment LLLP, Universal Pictures Inc. (ir, ) (Entered: 09/28/2005)

Sept. 19, 2005

Sept. 19, 2005

81

PROOF OF SERVICE VIA FIRST CLASS MAIL filed by Defendants Vivendi Universal Entertainment LLLP, Universal Pictures Inc regarding Motion to Dismiss Case re Intervenor Complaint 63 78 , Memorandum in Support of Motion, 79 , Request for Judicial Notice 80 was served on 9/19/05. (ir, ) (Entered: 09/28/2005)

Sept. 19, 2005

Sept. 19, 2005

82

PROOF OF SERVICE REGARDING PERSONAL SERVICE filed by Defendants Vivendi Universal Entertainment LLLP, Universal Pictures Inc regarding MOTION to Dismiss Case re Intervenor Complaint 63 78 , Memorandum in Support of Motion 79 , Request for Judicial Notice 80 , Proof of Service 81 was served on 9/19/05. (ir, ) (Entered: 09/28/2005)

Sept. 19, 2005

Sept. 19, 2005

76

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Gary A. Feess ORDERING Notice of Motion to dismiss Frank Davis First Amended Complaint in Intervention, Memorandum of Points and Authorities in support, Request for Judicial Notice, Proof of service via First Class mail, proof of service regarding personal service submitted by Intervenor Defendants and Defendant Universal Pictures, Vivendi Universal Entertainment LLLP received on 9/19/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ir, ) (Entered: 09/21/2005)

Sept. 20, 2005

Sept. 20, 2005

83

MEMORANDUM in Opposition to MOTION to Dismiss Case re Intervenor Complaint 63 78 filed by plaintiff in intervention Frank Davis. (lc, ) (Entered: 10/05/2005)

Oct. 3, 2005

Oct. 3, 2005

84

REQUEST FOR JUDICIAL NOTICE in support of Opposition to Defendants Motion to Dismiss Case re Intervenor Complaint 63 78 filed by Plaintiff−in−Intervention Frank Davis. (ir, ) (Entered: 10/06/2005)

Oct. 3, 2005

Oct. 3, 2005

85

STIPULATION AND ORDER by Judge Gary A. Feess regarding Protection of Confidential Material (See document for further details)(ir, ) (Entered: 10/11/2005)

Oct. 6, 2005

Oct. 6, 2005

86

REPLY Memorandum of Points and Authorities in support of their Motion to Dismiss Claims Alleged in the complaint in Intervention for Breach of Contract, Fraud, and Unfair Business Practices 63 78 filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 10/12/2005)

Oct. 11, 2005

Oct. 11, 2005

87

MEMORANDUM AND ORDER regarding Defendants Motion to dismiss Plaintiff−In−Intervention Complaint 63 78 by Judge Gary A. Feess: Court hereby DISMISSES Plaintiff breach of contract claim because Davis failed even to allege that he exhausted the remedies set forth in the parties CBA and failed to set forth sufficient facts to plead that he can even bring a private breach of contract claim in this Court. Court hereby DISMISSES Plaintiffs fraud claim WITH PREJUDICE as to the alleged promise that Davis would be hired as FAD on Fast and Furious 2 and WITH LEAVE TO AMEND as to the other two alleged misrepresentations since they have not been pleaded with particularity as required. Court hereby DISMISSES WITH PREJUDICE Plaintiffs Business and Professional Code subsection 17200 claim because it is preempted by federal law. (ir, ) (Entered: 11/03/2005)

Nov. 3, 2005

Nov. 3, 2005

PLACED IN FILE − NOT USED re Proposed Order regarding Universal Pictures, a Division of Universal City Studios LLLP and Vivendi Entertainment LLLP Motion to dismiss, lodged 9/19/05 submitted by Defendants Universal Studios LLLP, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 11/07/2005)

Nov. 4, 2005

Nov. 4, 2005

100

SECOND AMENDED COMPLAINT−IN−INTERVENTION against Defendants in Intervention Univeral Picturs, Universal City Studios LLLP, Vivendi Universal Entertainment LLLP; Party Universal Studios LLLP terminated amending Intervenor Complaint 63 , 58 with Jury Demand filed by Plaintiff in Intervention Frank Davis (ir, ) (Entered: 11/29/2005)

Nov. 16, 2005

Nov. 16, 2005

88

JOINT STIPULATION regarding Motion for Protective Order preventing the Depositions of Ron Meyer and Stacey Snider and to Quash Notices of Deposition filed by Defendants Vivendi Universal Entertainment LLLP, Universal Pictures Inc and Plaintiff Frank Davis. Lodged Proposed Order. (ir, ) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

89

NOTICE of Joint Stipulation regarding Universal Motion for Protective Order preventing the Depositions of Ron Meyer and Stacey Snider and to Quash Notices of deposition filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

90

DECLARATION of Angela M Powell in support of Plaintiff−In−Interventions Joint Stipulation regarding Opposition to Universal Pictures Motion for Protective Order for Stacey Snider 88 filed by Intervenor Plaintiff Frank Davis. (ir, ) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

91

DECLARATION of Jeremy Gray in support of Universal Joint Stipulation regarding Motion for Protective Order preventing the Depositions of Ron Meyer and Stacey Snider and to Quash Notices of Deposition 88 filed by Intervenor Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

92

PROOF OF SERVICE regarding Personal Service filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP of Notice of Joint Stipulation 89 , Joint Stipulation 88 , Declaration 90 , Declaration 91 was served on 11/21/05. (ir, ) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

94

NOTICE OF MOTION to Dismiss Frank Davis Second Amended Complaint in−Intervention filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. Motion set for hearing on 12/19/2005 at 09:30 AM before Honorable Gary A. Feess. (ir, ) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

95

MEMORANDUM of Points and Authorities in Support of their Motion to Dismiss Fraud Claim alleged in the Second Amended Complaint in−Intervention 94 filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

96

REQUEST FOR JUDICIAL NOTICE in support of Motion to dismiss Frank Davis Second Amended Complaint in−Intervention 94 filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP. (ir, ) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

97

PROOF OF SERVICE via Federal Express filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP of Notice of Motion to Dismiss Frank Davis Second Amended Complaint in−Intervention 94 , Memorandum of Points and Authorities in Support of Motion 95 , Request for Judicial Notice 96 was served on 11/21/05. (ir, ) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

98

PROOF OF SERVICE via First Class Mail filed by Defendants Universal Pictures, Vivendi Universal Entertainment LLLP of Notice of Motion to Dismiss Frank Davis Second Amended Complaint in−Intervention 94 , Memorandum of Points and Authorities in Support of Motion 95 , Request for Judicial Notice 96 , Proof of Service 97 was served on 11/21/05. (ir, ) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 2003

Closing Date: June 25, 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Universal Pictures Inc, Private Entity/Person

Universal City Studios LLLP, Private Entity/Person

Vivendi Universal Entertainment LLLP, Private Entity/Person

Universal Studios LLLP, Private Entity/Person

Universal Pictures, Private Entity/Person

"Does 1-10", Private Entity/Person

Vivendi Universal Group LLP, Private Entity/Person

Vivendi Universal S A, Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Monetary Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

Settlement

None

Form of Settlement:

Private Settlement Agreement

Issues

General:

Disparate Treatment

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Discrimination-basis:

Race discrimination

Race:

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit