Case: EEOC v. AUTOZONE INC

EEOC v. AutoZone Inc

EEOC v. AutoZone Inc

EEOC v. AutoZone, Inc

EEOC v. AUTOZONE, INC

COMPLAINT against AutoZone, Inc, filed by Equal Employment Opportunity Commission.(Powe, Valerie) Additional attachment(s) added on 10/2/2006 (cmj, ). (Entered: 09/29/2006)

REQUEST FOR WAIVER of Service sent to The Corporation Company on 12/14/2006 by Equal Employment Opportunity Commission.Waiver of Service due by 1/16/2007. (Powe, Valerie) (Entered: 12/14/2006)

Summons Issued as to The Corporation Company to plaintiff's counsel for service (mca) (Entered: 01/09/2007)

ANSWER to Complaint by AutoZone, Inc. (mca) (Entered: 02/25/2007)

PRELIMINARY SCHEDULING ORDER entered.Rule 26 Meeting Report due by 4/12/2007.. Signed by Judge William E. Cassady on 2/26/07. (Attachments: # 1 Consent to Jurisdiction of Magistrate Judge) (mca) (Entered: 02/26/2007)

CONSENT to Jurisdiction by US Magistrate Judge by AutoZone, Inc. (SIGNED ONLY BY DEFENDANT) (cmj) (Entered: 03/09/2007)

REPORT of Rule 26(f) Planning Meeting. (Roberts, Stuart) (Entered: 04/02/2007)

Joinder in MOTION re 8 MOTION for Leave to File Amended Report of Parties Planning Meeting . (Roberts, Stuart) (Entered: 04/03/2007)

MOTIONS REFERRED: 8 MOTION for Leave to File Amended Report of Parties Planning Meeting Referred to Judge William E. Cassady. (cmj) (Entered: 04/03/2007)

REFERRAL OF 7 Report of Rule 26(f) Planning Meeting to Judge Cassady. (cmj) (Entered: 04/03/2007)

REFERRAL OF 9 Joinder in Motion to Judge Cassady. (cmj) (Entered: 04/04/2007)

SCHEDULING ORDER:Pretrial Conference set for 12/13/2007 11:30 AM in Chambers before Judge Kristi K. DuBose.,Amended Pleadings due by 6/8/2007.,Discovery cutoff 10/4/2007.,Motions due by 10/18/2007.,Bench Trial will be set at the final pretrial conference. Position Regarding Settlement due by 10/4/2007.. Signed by Judge William E. Cassady on 4/4/07. (Attachments: # 1 Standing Pretrial Order) (cmj) SEE DOC. 11 WHEREIN THIS IS CHANGED TO A JURY TRIAL) (Entered: 04/06/2007)

ORDER granting 8 Motion to Amend the report of parties to reflect that this is a jury case. The Scheduling Order is amended to state that jury selection sall be conducted 1/3/08. Signed by Judge William E. Cassady on 4/10/07. (cmj) (Entered: 04/10/2007)

MOTION to Substitute Attorney by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order Granting Substitution of Counsel) (Russell, Ermea) (Entered: 05/29/2007)

MOTIONS REFERRED: 12 MOTION to Substitute Attorney Referred to Judge William E. Cassady. (cmj) (Entered: 05/30/2007)

ORDER granting 12 Motion to Substitute Attorney.. Signed by Judge William E. Cassady on 5/31/07. (cmj) (Entered: 05/31/2007)

MOTION for Leave to Appear Additional Counsel by Equal Employment Opportunity Commission. (Barrett, Mason) (Entered: 06/11/2007)

MOTION to Quash Subpoenas by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A) (Barrett, Mason) (Entered: 06/11/2007)

MOTIONS REFERRED: 15 MOTION to Quash Subpoenas Referred to Judge William E. Cassady. (cmj) (Entered: 06/12/2007)

Order Setting Motion Deadline/Hearing re: 15 MOTION to Quash Subpoenas filed by Equal Employment Opportunity Commission Responses due by 6/25/2007 Motion to be taken under submission on 6/25/2007.. Signed by Judge William E. Cassady on 6/13/07. (cmj) (Entered: 06/13/2007)

RESPONSE in Opposition re 15 MOTION to Quash Subpoenas filed by AutoZone, Inc. (Roberts, Stuart) (Entered: 06/13/2007)

REFERRAL OF 17 Response in Opposition to Motion to Judge Cassady. (cmj) (Entered: 06/14/2007)

REPLY to Response to Motion 15 to Quash Subpoenas filed by Equal Employment Opportunity Commission. (Barrett, Mason) (Entered: 06/20/2007)

MOTION to Strike 18 Reply to Response to Motion by AutoZone, Inc. (Roberts, Stuart) (Entered: 06/21/2007)

NOTICE by Equal Employment Opportunity Commission Debra Crook, Senior, Trial Attorney (Crook, Debra) (Entered: 06/21/2007)

REFERRAL OF 18 Reply to Response to Motion to Judge Cassady. (cmj) (Entered: 06/21/2007)

MOTIONS REFERRED: 19 MOTION to Strike 18 Reply to Response to Motion Referred to Judge William E. Cassady. (cmj) (Entered: 06/22/2007)

MOTION to Quash Subpoena by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A) (Barrett, Mason) (Entered: 06/28/2007)

NOTICE of Filing Exhibits to Motion to Quash Subpoena by Equal Employment Opportunity Commission re: 22 MOTION to Quash Subpoena (Barrett, Mason) (Entered: 06/28/2007)

MOTIONS REFERRED: 22 MOTION to Quash Subpoena Referred to Judge William E. Cassady. (cmj) (Entered: 07/10/2007)

REFERRAL OF 21 Response in Opposition to Motion, 23 Notice of Filing Exhibits to Judge Cassady. (cmj) (Entered: 07/10/2007)

NOTICE by Equal Employment Opportunity Commission of Service of 30(b)(6) Deposition Notice (Crook, Debra) (Entered: 07/18/2007)

NOTICE by Equal Employment Opportunity Commission of Service of Darryl Demas Deposition Notice (Crook, Debra) (Entered: 07/18/2007)

NOTICE by Equal Employment Opportunity Commission of Service of Erika Freeman Deposition Notice (Crook, Debra) (Entered: 07/18/2007)

NOTICE by Equal Employment Opportunity Commission of Service of William Leytham Deposition Notice (Crook, Debra) (Entered: 07/18/2007)

NOTICE by Equal Employment Opportunity Commission of Service of Antonio Smith Deposition Notice (Crook, Debra) (Entered: 07/18/2007)

NOTICE by Equal Employment Opportunity Commission of Service of Robert Taylor Deposition Notice (Crook, Debra) (Entered: 07/18/2007)

NOTICE by Equal Employment Opportunity Commission of Service of Thomas Welch Deposition Notice (Crook, Debra) (Entered: 07/18/2007)

NOTICE by Equal Employment Opportunity Commission of Service of Responses to Autozone, Inc.'s Second Interrogatories (Crook, Debra) (Entered: 07/19/2007)

NOTICE by Equal Employment Opportunity Commission of Service of Responses to Autozone, Inc.'s Second Requests for Production (Crook, Debra) (Entered: 07/19/2007)

ORDER re: 22 Motion to Quash 15 Motion to Quash; 19 Motion to Strike. The motion to strike 19 is moot. The Court grants plaintiff's motion to quash the subpoena issued by AutoZone to Monster, Inc. 22 . In addition the Court grants in part and denies in part plainiff's motion to quash the subpoenas issued by AutoZone to non − parties ATAdvance Auto Parts, Freds and the Alabama Department of Industrial Relations 15 . The motion to quash the subpoena directed to the ADIR is granted in its entirety. The motion to quash the identical subpoenas issued to ATAdvance Auto Parts and Freds is granted to the extent those subpoenas seek documents as noted regarding Roderick Broughton; it is denied to the extent same seek Broughton's applications for employment forms, payroll reocrds, evaluations and disciplinary action records.. Signed by Judge William E. Cassady on 8/2/07. (cmj) (Entered: 08/03/2007)

NOTICE by Equal Employment Opportunity Commission Attorney Debra Hawes Crook (Crook, Debra) (Entered: 08/08/2007)

Notice of Filing Plaintiff's 2nd Set of Request for Admissions to Defendant filed by Equal Employment Opportunity Commission. (Crook, Debra) (Entered: 08/08/2007)

NOTICE by Equal Employment Opportunity Commission Attorney Debra Hawes − Crook (Crook, Debra) (Entered: 08/13/2007)

NOTICE by AutoZone, Inc (Roberts, Stuart) (Entered: 08/13/2007)

NOTICE by Equal Employment Opportunity Commission Debra Hawes − Crook, Attorney (Crook, Debra) (Entered: 08/20/2007)

ENDORSED ORDER taking under advisement 38 Motion to Compel Discovery. Any response to this motion to compel shall be filed not later than August 28, 2007. Signed by Judge William E. Cassady on 8/21/07. (Cassady, William) (Entered: 08/21/2007)

BRIEF in Support of MOTION to Compel Discovery (Doc. 38) Debra Hawes − Crook by Equal Employment Opportunity Commission. (Crook, Debra) Modified on 8/22/2007 (eec, ). (Entered: 08/21/2007)

MOTIONS REFERRED: 38 MOTION to Compel Discovery Debra Hawes − Crook, Attorney Referred to Judge William E. Cassady. (cmj) (Entered: 08/21/2007)

REFERRAL OF 39 Notice to Judge Cassady. (cmj) (Entered: 08/21/2007)

Notice of Filing Notice of Deposition filed by Equal Employment Opportunity Commission. (Crook, Debra) (Entered: 08/22/2007)

Notice of Filing Notice of Deposition filed by Equal Employment Opportunity Commission. (Crook, Debra) (Entered: 08/22/2007)

Notice of Filing Notice of Deposition filed by Equal Employment Opportunity Commission. (Crook, Debra) (Entered: 08/22/2007)

Notice of Filing Notice of Deposition filed by Equal Employment Opportunity Commission. (Crook, Debra) (Entered: 08/22/2007)

REFERRAL OF 41 MOTION to Compel Discovery Debra Hawes − Crook to Judge Cassady. (cmj) (Entered: 08/22/2007)

MOTION to Supplement Plaintiff's Motion to Compel Defendant's Designation of a Rule 30(b)(6) Corporate Designee and Production of Associated Documents by Equal Employment Opportunity Commission. (Lee, Julie) (Entered: 08/24/2007)

Amended MOTION to Supplement Plaintiff's Motion to Compel Designation 0f 30(b)(6) Designee and for Production of Associated Documents by Equal Employment Opportunity Commission. (Lee, Julie) (Entered: 08/27/2007)

MOTION for Extension of Time to File Response/Reply as to 40 Order on Motion to Compel Discovery, 38 MOTION to Compel Discovery Debra Hawes − Crook, Attorney , 47 Amended MOTION to Supplement Plaintiff's Motion to Compel Designation 0f 30(b)(6) Designee and for Production of Associated Documents , 46 MOTION to Supplement Plaintiff's Motion to Compel Defendant's Designation of a Rule 30(b)(6) Corporate Designee and Production of Associated Documents by AutoZone, Inc. (Roberts, Stuart) (Entered: 08/27/2007)

MOTIONS REFERRED: 46 MOTION to Supplement Plaintiff's Motion to Compel Defendant's Designation of a Rule 30(b)(6) Corporate Designee and Production of Associated Documents Referred to Judge William E. Cassady. (cmj) (Entered: 08/27/2007)

ENDORSED ORDER granting 46 Motion to Supplement; granting 47 Motion to Supplement; granting 48 Motion for Extension of Time to File Response/Reply Responses due by 8/31/2007. Signed by Judge William E. Cassady on 8/28/07. (Cassady, William) (Entered: 08/28/2007)

MOTIONS REFERRED: 48 MOTION for Extension of Time to File Response/Reply as to 40 Order on Motion to Compel Discovery, 38 MOTION to Compel Discovery Debra Hawes − Crook, Attorney , 47 Amended MOTION to Supplement Plaintiff's Motion to Compel Designation MOTION for Extension of Time to File Response/Reply as to 40 Order on Motion to Compel Discovery, 38 MOTION to Compel Discovery Debra Hawes − Crook, Attorney, 47 Amended MOTION to Supplement Plaintiff's Motion to Compel Designation MOTION for Extension of Time to File Response/Reply as to 40 Order on Motion to Compel Discovery, 38 MOTION to Compel Discovery Debra Hawes − Crook, Attorney, 47 Amended MOTION to Supplement Plaintiff's Motion to Compel Designation, 47 Amended MOTION to Supplement Plaintiff's Motion to Compel Designation 0f 30(b)(6) Designee and for Production of Associated Documents Referred to Judge William E. Cassady. (cmj) (Entered: 08/28/2007)

NOTICE of Appearance by Stuart D. Roberts on behalf of AutoZone, Inc (Roberts, Stuart) (Entered: 08/31/2007)

RESPONSE to Motion re: 38 MOTION to Compel Discovery Debra Hawes − Crook, Attorney filed by AutoZone, Inc. (Roberts, Stuart) (Entered: 08/31/2007)

MOTION to Stay Proceedings by AutoZone, Inc. (Roberts, Stuart) (Entered: 08/31/2007)

MOTION for Summary Judgment by AutoZone, Inc. (Attachments: # 1 Brief in Support of AutoZone's Motion for Summary Judgment# 2 Evidentiary Submission in Support of Motion for Summary Judgment# 3 Determinations of Undisputed Fact and Conclusions of Law# 4 Proposed Order) (Roberts, Stuart) (Entered: 08/31/2007)

Order Setting Motion Deadline re: 53 MOTION for Summary Judgment filed by AutoZone, Inc Responses due by 9/20/2007 Replies due by 10/1/2007. Motion to be taken under submission on 10/11/2007.. Signed by Judge Kristi K. DuBose on 9/5/07. (cmj) (Entered: 09/05/2007)

Order entered re: 52 MOTION to Stay Proceedings filed by AutoZone, Inc. Any response to the motion should be filed on or before 9/14/07. Signed by Judge Kristi K. DuBose on 9/5/07. (mca) (Entered: 09/05/2007)

MOTION for Extension of Time to Reply to Defendant's Response to Plaintiff's Motion to Compel Designation of Corporate Representative by Equal Employment Opportunity Commission. (Lee, Julie) (Entered: 09/05/2007)

MOTIONS REFERRED: 52 MOTION to Stay Proceedings , 53 MOTION for Summary Judgment to Judge DuBose (cmj) (Entered: 09/05/2007)

REFERRAL OF 51 Response to Motion to Judge Cassady. (cmj) (Entered: 09/05/2007)

MOTIONS REFERRED: 56 MOTION for Extension of Time to Reply to Defendant's Response to Plaintiff's Motion to Compel Designation of Corporate Representative . Referred to Judge William E. Cassady. (mca) (Entered: 09/06/2007)

RESPONSE to Motion re: 56 MOTION for Extension of Time to Reply to Defendant's Response to Plaintiff's Motion to Compel Designation of Corporate Representative filed by AutoZone, Inc. (Roberts, Stuart) (Entered: 09/07/2007)

ENDORSED ORDER granting 56 Motion for Extension of Time The reply is due by 9/14/2007.. After a review of the motion, defendant's response (Doc. 57) and the record, it is decided that giving the party that carries the burden of persuasion an opportunity to file a reply will not cause any harm or delay a ruling on the motion to compel, especially given that defendant has moved to stay which is pending before the trial judge. Signed by Judge William E. Cassady on 9/07/07. (Cassady, William) (Entered: 09/07/2007)

MOTION for Extension of Time to File Response/Reply to Opposition to Motion to Compel 30(b)(6) Deposition and to Motion to Stay by Equal Employment Opportunity Commission. (Lee, Julie) (Entered: 09/15/2007)

RESPONSE to Motion re: 52 MOTION to Stay Proceedings filed by Equal Employment Opportunity Commission. (Lee, Julie) (Entered: 09/15/2007)

Notice of Filing Response to Second Request for Admissions filed by AutoZone, Inc. (Roberts, Stuart) (Entered: 09/17/2007)

ORDER entered granting 59 Plaintiff's Motion for a one − day extension of time to file its reply to the defendant's opposition to its motion to compel designation of a corporate designee and to respond to defendant's request for stay of discovery. Signed by Judge William E. Cassady on 9/17/07. (mca) (Entered: 09/17/2007)

REFERRAL OF 61 Reply to Judge Cassady. (cmj) (Entered: 09/17/2007)

MOTIONS REFERRED: 59 MOTION for Extension of Time to File Response/Reply to Opposition to Motion to Compel 30(b)(6) Deposition and to Motion to Stay Referred to Judge William E. Cassady. (cmj) (Entered: 09/17/2007)

REFERRAL OF 60 Response to Motion to Judge DuBose. (cmj) (Entered: 09/17/2007)

ORDER denying 52 Motion to Stay as set out.. Signed by Judge Kristi K. DuBose on 9/18/07. (cmj) (Entered: 09/19/2007)

MOTION for Extension of Time to Complete Discovery by Equal Employment Opportunity Commission. (Lee, Julie) (Entered: 09/20/2007)

MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by Equal Employment Opportunity Commission. (Lee, Julie) (Entered: 09/20/2007)

NOTICE by Equal Employment Opportunity Commission re 66 MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment (Lee, Julie) (Entered: 09/20/2007)

ENDORSED ORDER granting 66 plaintiff's Motion for Extension of Time to File Response to defendants motion for summary judgment. Response due by 9/21/2007. Signed by Judge Kristi K. DuBose on 9/21/07. (kpn, ) (Entered: 09/21/2007)

REPLY to Response to Motion 38 filed by AutoZone, Inc. (Roberts, Stuart) (Entered: 09/21/2007)

RESPONSE in Opposition re 53 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Lee, Julie) (Entered: 09/21/2007)

NOTICE of Filing Exhibits for Plaintiff's Response to Defendant's Motion for Summary Judgment by Equal Employment Opportunity Commission filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit A: Declaration of Roderick Broughton# 2 Exhibit Exhibit B − 1: Deposition Transcript of Roderick Broughton# 3 Exhibit Exhibit B − 2: Deposition Transcript of Roderick Broughton# 4 Exhibit Exhibit B − 3: Deposition Transcript of Roderick Broughton# 5 Exhibit Exhibit B − 4: Deposition Transcript of Roderick Broughton# 6 Exhibit Exhibit B − 5: Deposition Transcript of Roderick Broughton# 7 Exhibit Exhibit B − 6: Deposition Transcript of Roderick Broughton# 8 Exhibit Exhibit B − 7: Deposition Transcript of Roderick Broughton# 9 Exhibit Exhibit C − 1: Deposition Transcript of David Walker# 10 Exhibit Exhibit C − 2: Deposition Transcript of David Walker# 11 Exhibit Exhibit C − 3: Deposition Transcript of David Walker# 12 Exhibit Exhibit C − 5: Deposition Transcript of David Walker# 13 Exhibit Exhibit C − 6: Deposition Transcript of David Walker# 14 Exhibit Exhibit C − 7: Deposition Transcript of David Walker# 15 Exhibit Exhibit C − 7: Deposition Transcript of David Walker# 16 Exhibit Exhibit D − 1: Deposition Transcript of Antonio Smith# 17 Exhibit Exhibit D − 2: Deposition Transcript of Antonio Smith# 18 Exhibit Exhibit E: Statement of Materially Disputed Facts) (Lee, Julie) (Entered: 09/22/2007)

Order re: 38 MOTION to Compel Discovery Debra Hawes − Crook, Attorney filed by Equal Employment Opportunity Commission and 69 reply to reponse − the parties are ORDERED to file no further pleadings addressed to this issue. Should any such pleading be filed, it will be stricken from the record. Signed by Judge William E. Cassady on 9/24/07. (cmj) (Entered: 09/24/2007)

MOTION for E.J. Russell, Esquire, Valerie Powe, Esquire, Mason Barrett, Esquire to Withdraw as Attorney of Record by Equal Employment Opportunity Commission. (Lee, Julie) (Entered: 09/24/2007)

ORDER granting 73 Motion for Mason Barnett, Valerie Powe and EJ Russell to Withdraw as Attorneys.. Signed by Judge William E. Cassady on 9/25/07. (cmj) (Entered: 09/25/2007)

REPLY Brief filed by Defendant AutoZone, Inc re: 70 Response in Opposition to Motion, 53 MOTION for Summary Judgment filed by AutoZone, Inc. (Roberts, Stuart) (Entered: 10/01/2007)

MOTION to Strike Portions of Roderick Broughton's Affidavit by AutoZone, Inc. (Roberts, Stuart) (Entered: 10/01/2007)

MOTION to Supplement Evidentiary Submission in Support of Motion for Summary Judgment and Motion to Strike by AutoZone, Inc. (Roberts, Stuart) (Entered: 10/04/2007)

Order Setting Motion Deadline/Hearing re: 76 MOTION to Strike Portions of Roderick Broughton's Affidavit filed by AutoZone, Inc Responses due by 10/10/2007. Signed by Judge Kristi K. DuBose on 10/4/07. (cmj) (Entered: 10/04/2007)

ENDORSED ORDER granting 77 Motion to Supplement. Signed by Judge Kristi K. DuBose on 10/4/07. (kpn, ) (Entered: 10/04/2007)

MOTION to Correct Exhibits Filed With Plainitff's Opposition to Defendant's Summary Judgment Motion by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Corrected Exhibit 1# 2 Exhibit Corrected Exhibit C − 2# 3 Exhibit Corrected Exhibit C − 2# 4 Exhibit Corrected Exhibit C − 3# 5 Exhibit Corrected Exhibit C − 5# 6 Exhibit Correted Exhibit C − 6# 7 Exhibit Corrected Exhibit C − 7# 8 Exhibit Corrected Exhibit C − 8# 9 Exhibit Corrected Exhibit C − 9) (Lee, Julie) (Entered: 10/10/2007)

RESPONSE to Motion re: 76 MOTION to Strike Portions of Roderick Broughton's Affidavit filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit A − Broughton's Deposition Testimony# 2 Exhibit Exhibit B − Walker's Deposition Testimony# 3 Exhibit Broughton's Statement to EEOC − Exhibit C) (Lee, Julie) (Entered: 10/10/2007)

ORDER STAYING CASE until further order of the court. Signed by Judge Kristi K. DuBose on 10/17/07. (cmj) (Entered: 10/17/2007)

ORDER granting 53 Defendant's Motion for Summary Judgment. Signed by Judge Kristi K. DuBose on 10/30/07. (cmj) (Entered: 10/30/2007)