Case: EEOC v. Siouxland Oral and Maxillofacial Surgery Associate

4:04-cv-04215 | U.S. District Court for the District of South Dakota

Filed Date: Dec. 28, 2004

Closed Date: Feb. 18, 2011

Clearinghouse coding complete

Case Summary

The Denver and New Mexico Offices of the Equal Employment Opportunity Commission (EEOC) filed this action in the U.S. District Court for the District of South Dakota on December 28, 2004. The Defendant was Siouxland Oral Maxillofacial Surgery Associates, LLP, an outpatient surgical center for oral and maxillofacial surgery. The controversy involved the alleged termination of one complainant because of her pregnancy, and the alleged failure to hire another complainant because she told her interv…

The Denver and New Mexico Offices of the Equal Employment Opportunity Commission (EEOC) filed this action in the U.S. District Court for the District of South Dakota on December 28, 2004. The Defendant was Siouxland Oral Maxillofacial Surgery Associates, LLP, an outpatient surgical center for oral and maxillofacial surgery. The controversy involved the alleged termination of one complainant because of her pregnancy, and the alleged failure to hire another complainant because she told her interviewer that she was pregnant. The EEOC alleged that this violated Title VII of the Civil Rights Act of 1964. The case was assigned to Judge Lawrence L. Piersol.

Two days after the EEOC filed this lawsuit, the two complainants, represented by private counsel, filed their own lawsuit about the same allegations (docket 4:04-cv-04216). They then moved to intervene in this lawsuit, which the court allowed on March 31, 2005. 2005 WL 8161494.

On February 28, 2005, the defendant moved to sever the two complainants' claims so they would have separate trials. The court denied the motion later that year, on May 27.

The next year, on August 24, the defendant moved for summary judgment, and asked again for separate trials. The court ruled on March 9, 2007, granting in part and denying in part the motion for summary judgment. The court dismissed the plaintiffs' pattern-and-practice claims because the two alleged discriminatory acts did not indicate that the defendant had a policy of discrimination. However, the court denied summary judgment as to the two individual claims of pregnancy discrimination because the plaintiffs had presented direct evidence of discrimination. Further, the court declined to rule on whether the plaintiffs could get punitive damages, leaving that issue to the jury. The court also denied the motion for separate trials. 2007 WL 776321.

The jury trial was held from April 3 to April 6, 2007. The jury entered a verdict for the plaintiffs and awarded a total of $21,098 in damages.

A month later, on May 9, 2007, the plaintiffs moved for attorneys' fees. The next day, the EEOC moved for an injunction against the defendant. The EEOC requested that the Court enjoin Siouxland from discriminating based on sex or pregnancy, and from retaliating against employees who challenge their discriminatory practices. The EEOC also requested the court order the defendant to take various other measures to prevent discrimination. Further, the EEOC asked the court to increase the amount of damages awarded.

On June 7, 2007, EEOC appealed the jury verdict to the U.S. Court of Appeals for the Eighth Circuit, and the defendant appealed as well a couple weeks later, on June 18 (case numbers 07-2419 and 07-2420).

The court denied the request for injunctive relief on August 10, 2007, holding that the plaintiff had not shown a consistent practice of discrimination by the defendant, as the two plaintiffs were the only employees who presented evidence of discrimination. Further, the court denied the request to increase the damages. 2007 WL 2326889.

Later that month, on August 29, the parties agreed to remand the case from the Eighth Circuit back to the district court to address the amount of prejudgment interest that should be added to the damages award. 

On March 6, 2008, the court entered an order adding $2,627 of prejudgment interest to the damages award. The court also granted $49,102 in attorneys' fees to the plaintiffs. 2008 WL 631175.

The defendant appealed this order to the Eighth Circuit the following month, on April 4 (case number 08-1819). The next month, on May 5, the EEOC appealed the order as well (case number 08-2048).

The Eighth Circuit issued a decision on all of the appeals on August 27, 2009. The Eighth Circuit held that the district court had incorrectly granted judgment as a matter of law for the defendant on the issue of punitive damages, and remanded the case for a jury trial on the issue of punitive damages. The Eighth Circuit affirmed the denial of injunctive relief based on the lack of indication of repeated discrimination by the defendant, and left the issue of attorneys' fees for a future ruling after the remand. 578 F.3d 921.

The defendant moved for attorneys' fees for the appeal, but the Eighth Circuit denied this on October 23, 2009. The defendant also asked the Eighth Circuit to either rehear the case or rehear it en banc, but the Eighth Circuit denied this request on December 3, 2009.

Back in the district court, a trial for punitive damages was scheduled but the parties settled the case on June 21, 2010, with the defendant agreeing to pay an additional $95,000 in punitive damages and attorneys' fees. The case is now closed.

Summary Authors

Kevin Wilemon (8/17/2007)

Samantha Houghton (4/13/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4683638/parties/equal-employment-opportunity-commission-v-siouxland-oral-maxillofacial/


Judge(s)

Simko, John E. (South Dakota)

show all people

Documents in the Clearinghouse

Document

4:04-cv-04216

Docket (PACER) [Case of Intervenor Plaintiffs]

Dooley et al v. Siouxland Oral Maxillofacial Surgery Associates, L.L.P.

July 8, 2005

July 8, 2005

Docket

4:04-cv-04215

Docket (PACER)

EEOC v. Siouxland Oral and Maxillofacial Surgery Associates

Aug. 16, 2007

Aug. 16, 2007

Docket
1

4:04-cv-04215

Complaint and Jury Trial Demand

EEOC v. Siouxland Oral Maxillofacial Surgery Associates

Dec. 28, 2004

Dec. 28, 2004

Complaint

4:04-cv-04216

Complaint [From Case of Intervenor Plaintiffs]

Dooley v. Siouxland Oral Maxillofacial Surgery Associates

Dec. 29, 2004

Dec. 29, 2004

Complaint
18

4:04-cv-04215

Memorandum Opinion and Order Denying Motion for Severance

EEOC v. Siouxland Oral Maxillofacial Surgery Associates

May 27, 2005

May 27, 2005

Order/Opinion

2005 WL 2005

42

4:04-cv-04215

Order on Motion [Regarding EEOC's Motion to Compel]

EEOC v. Siouxland Oral Maxillofacial Surgery Associates

May 9, 2006

May 9, 2006

Order/Opinion

2006 WL 2006

102

4:04-cv-04215

Memorandum Opinion and Order Re: Summary Judgment and Other Motions

EEOC v. Siouxland Oral Maxillofacial Surgery Associates

March 9, 2007

March 9, 2007

Order/Opinion

2007 WL 2007

131 & 132

4:04-cv-04215

Verdict Forms

EEOC v. Siouxland Oral Maxillofacial Surgery Associates

April 6, 2007

April 6, 2007

Other
177

4:04-cv-04215

Memo Opinion and Order Re: Posttrial motions

EEOC v. Siouxland Oral

Aug. 10, 2007

Aug. 10, 2007

Order/Opinion

2007 WL 2007

195

4:04-cv-04215

Memorandum Opinion and Order Re: Attorney Fees and Prejudgment Interest

EEOC v. Siouxland Oral and Maxillofacial Surgery Associates

March 6, 2008

March 6, 2008

Order/Opinion

2008 WL 2008

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4683638/equal-employment-opportunity-commission-v-siouxland-oral-maxillofacial/

Last updated April 14, 2024, 1:05 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand. 2 Summons(es) issued - mailed, filed by Equal Employment Opportunity Commission.(SKM) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

Clearinghouse
2

CIVIL COVER SHEET (SKM) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

PACER
3

Summons Issued as to Siouxland Oral Maxillofacial Surgery Associates, L.L.P. (SKM) (Entered: 12/28/2004)

Dec. 28, 2004

Dec. 28, 2004

PACER
4

MOTION to Intervene by Rachelle Dooley and Angie Gacke and upon intervention wish to dismiss their separate claim under CIV04-4516. (LMZ) (Entered: 01/20/2005)

Jan. 13, 2005

Jan. 13, 2005

PACER
5

MEMORANDUM in Support of 4 MOTION to Intervene . (LMZ) (Entered: 01/20/2005)

Jan. 13, 2005

Jan. 13, 2005

PACER
6

WAIVER OF SERVICE of Summons Returned Executed by Equal Employment Opportunity Commission. Siouxland Oral Maxillofacial Surgery Associates, L.L.P. (JMM, ) (Entered: 02/14/2005)

Feb. 14, 2005

Feb. 14, 2005

PACER
7

ANSWER to Complaint by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.(Simons, Susan) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

PACER
8

DEMAND for Trial by Jury by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

PACER
9

RESPONSE to Motion re 4 MOTION to Intervene filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

PACER
10

MOTION to Sever by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

PACER
11

MEMORANDUM in Support re 10 MOTION to Sever filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Attachments: # 1)(Simons, Susan) (Entered: 02/28/2005)

Feb. 28, 2005

Feb. 28, 2005

PACER
12

RESPONSE to Motion re 10 MOTION to Sever filed by Equal Employment Opportunity Commission. (Weeks, Nancy) (Entered: 03/17/2005)

March 17, 2005

March 17, 2005

PACER
13

RESPONSE to 10 Motion to Sever by Intervener plaintiffs Rachelle Dooley and Angie Gackie. (SKM) (Entered: 03/21/2005)

March 21, 2005

March 21, 2005

PACER
14

CORPORATE Disclosure Statement by Defendant Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 03/23/2005)

March 23, 2005

March 23, 2005

PACER
15

REPLY to Motion Reponse re 10 MOTION to Sever filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 03/24/2005)

March 24, 2005

March 24, 2005

PACER
16

ORDER granting 4 Motion to Intervene. Signed by Judge Lawrence L. Piersol on 3/31/05. (DJP) (Entered: 04/01/2005)

March 31, 2005

March 31, 2005

PACER
18

MEMORANDUM OPINION AND ORDER denying 10 Motion to Sever . Signed by Judge Lawrence L. Piersol on 5/27/05. (SLL, ) (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

Clearinghouse
20

NOTICE of Appearance by Kim R. Rogers on behalf of Equal Employment Opportunity Commission (Rogers, Kim) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

PACER
21

ORDER For Form 35 Report and Scheduling Information. Signed by Judge Lawrence L. Piersol on 9/2/05. (LMZ) (Entered: 09/02/2005)

Sept. 2, 2005

Sept. 2, 2005

PACER
23

REPORT of Rule 26(f) Planning Meeting. (Rogers, Kim) (Entered: 09/12/2005)

Sept. 12, 2005

Sept. 12, 2005

PACER
24

SCHEDULING ORDER: Discovery due by 5/1/2006; Motions due by 6/2/2006; Motion Hearing set for 9/18/2006 01:30 PM before Chief Judge Lawrence L. Piersol; Pretrial Conference set for 9/18/2006 01:30 PM before Chief Judge Lawrence L. Piersol; Jury Trial set for 10/17/2006 09:30 AM before Chief Judge Lawrence L. Piersol. Signed by Judge Lawrence L. Piersol on 9/23/05. (SKM) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

PACER
26

RULE 26 Disclosures by Richelle Dooley, Angie Gacke. (SKM) (Entered: 10/04/2005)

Oct. 3, 2005

Oct. 3, 2005

PACER
27

RULE 26 Expert Preliminary Disclosure by Richelle Dooley, Angie Gacke. (Attachments: # 1 Richard C. Flugge Resume)(DJP) (Entered: 01/17/2006)

Jan. 17, 2006

Jan. 17, 2006

PACER

Settlement Conference held on 2/23/2006 before Judge John E. Simko(CG)

Feb. 23, 2006

Feb. 23, 2006

PACER
28

Joint MOTION to Extend Deadlines Extension of Scheduling Order by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
29

NOTICE to Take Deposition of Richelle Dooley (Simons, Susan) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

PACER
30

NOTICE to Take Deposition of Angie Gacke (Simons, Susan) (Entered: 04/10/2006)

April 10, 2006

April 10, 2006

PACER
31

AMENDED RULE 16 SCHEDULING ORDER: Discovery due by 7/24/2006; Motions due by 8/25/2006; Motion Hearing set for 10/30/2006 09:00 AM before U. S. District Judge Lawrence L. Piersol; Pretrial Conference set for 10/30/2006 09:00 AM before U. S. District Judge Lawrence L. Piersol; Jury Trial set for 12/5/2006 09:30 AM before U. S. District Judge Lawrence L. Piersol. Signed by Judge Lawrence L. Piersol on 4/10/06. (SKM) (Entered: 04/11/2006)

April 10, 2006

April 10, 2006

PACER
33

First MOTION to Compel Discovery by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit: Charge of Discrimination; # 2 Exhibit: Letter from Carol Garry to Kathleen Fjellestad dated 10/30/02; # 3 Exhibit: Angie Gacke Statement of July 1, 2002; # 4 Exhibit: Charge of Discrimination; # 5 Exhibit: Sherena Kost Letter to Human Relastions dated 5/8/02; # 6 Exhibit: Cardenas vs. Prudential, US District Court, District of Minnesota)(Rogers, Kim) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
34

MOTION to Seal Document Exhibit F by Equal Employment Opportunity Commission. (Rogers, Kim) (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
35

Exhibit F to doc 33. (Rogers, Kim) Modified on 4/13/2006-unsealed document pursuant to order 36 (SKM). (Entered: 04/12/2006)

April 12, 2006

April 12, 2006

PACER
36

ORDER denying 34 Motion to Seal Document. Signed by Judge John E. Simko on 4/12/06. (SKM) (Entered: 04/13/2006)

April 12, 2006

April 12, 2006

PACER
38

ORDER REFERRING MOTION: 33 First MOTION to Compel Discovery filed by Equal Employment Opportunity Commission, Signed by Judge Lawrence L. Piersol on 4/18/06. (SLL, ) (Entered: 04/19/2006)

April 18, 2006

April 18, 2006

PACER
40

MEMORANDUM in Opposition re 33 First MOTION to Compel Discovery filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Attachments: # 1 Exhibit A: Response of Dooley to Sioux Falls Human Relations Commission# 2 Exhibit B: Siouxland Oral notes# 3 Exhibit C: Siouxland Oral Policy Manual# 4 Exhibit D: Siouxland Oral employee leave records# 5 Exhibit E: SiouxlandOral - EEO Training)(Simons, Susan) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

PACER
41

REPLY to 40 Memorandum in Opposition to Motion,, 33 Motion to Compel, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A: Excerpt from Leave Policy)(Rogers, Kim) (Entered: 05/03/2006)

May 3, 2006

May 3, 2006

PACER
42

ORDER granting 33 Motion to Compel production of requested documents in requests for Production 7 and 8; deferring request for production of documents showing defendant's net worth. Signed by Judge John E. Simko on 5/9/06. (SLL, ) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

Clearinghouse
44

Amended NOTICE to Take Deposition of Richelle Dooley (Simons, Susan) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
45

Amended NOTICE to Take Deposition of Angie Gacke (Simons, Susan) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
46

NOTICE to Take Deposition of Kathleen Fjellstad (Rogers, Kim) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
47

NOTICE to Take Deposition of Jenny DeVries (Rogers, Kim) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
48

NOTICE to Take Deposition of Rebecca Akerson (Rogers, Kim) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
49

NOTICE to Take Deposition of Shelly Hofer (Rogers, Kim) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

PACER
50

NOTICE to Take Deposition of Sherena Kost (Rogers, Kim) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

PACER
51

NOTICE to Take Deposition of Dr. H.A. Akerson (Rogers, Kim) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

PACER
52

NOTICE to Take Deposition of Dr. Bernard Balaban (Rogers, Kim) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

PACER
53

NOTICE to Take Deposition of Corporation Pursuant to Fed. R. Civ. P. 30(b)(6) (Rogers, Kim) (Entered: 07/06/2006)

July 6, 2006

July 6, 2006

PACER
54

MOTION for Summary Judgment by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
55

MEMORANDUM in Support re 54 MOTION for Summary Judgment filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
56

STATEMENT OF Undisputed MATERIAL FACTS re 54 Motion for Summary Judgment, 55 Memorandum in Support of Motion by Defendant Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
57

APPENDIX by Defendant Siouxland Oral Maxillofacial Surgery Associates, L.L.P. re 56 Statement of Material Facts. (Attachments: # 1 H.A. Akerson Deposition# 2 Rebecca Akerson Deposition# 3 B. Balaban Deposition# 4 Richelle Dooley Deposition# 5 Kathleen Fjellestad Deposition# 6 Angie Gacke Deposition# 7 Jennifer Hanson# 8 Shelley Hofer Deposition# 9 Sherena Kost# 10 Exhibits from Depositions# 11 EEOC Responses to Defendant's Request for Production# 12 Exhibit from Defendant's Supp Answers to EEOC's Discovery)(Simons, Susan) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
58

CERTIFICATE of Service by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
59

MOTION for Separate Trials by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
60

MEMORANDUM in Support re 59 MOTION for Separate Trials filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
61

DESIGNATION of Expert Witness(es) by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Attachments: # 1 Jim Carroll's Report# 2 Curriculum Vitae of Jim Carroll# 3 List of Cases)(Simons, Susan) (Entered: 08/24/2006)

Aug. 24, 2006

Aug. 24, 2006

PACER
62

MOTION to Seal Document 57 Appendix,, Tabs 7, 8, 10 and 11 by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

PACER
63

APPENDIX by Defendant Siouxland Oral Maxillofacial Surgery Associates, L.L.P. re 57 Appendix,, Redacted, Tabs 7, 8, 10 and 11. (Attachments: # 1 Jennifer Hanson# 2 Shelley Hofer# 3 Exhibits from Depositions# 4 Plaintiff EEOC's Responses to Defendant's Request for Production)(Simons, Susan) (Entered: 08/25/2006)

Aug. 25, 2006

Aug. 25, 2006

PACER
64

Amended MOTION to Seal Document 63 Appendix,, 62 MOTION to Seal Document 57 Appendix,, Tabs 7, 8, 10 and 11 by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

PACER
65

Joint MOTION to Strike 61 Designation of Expert Witness James Carroll by Equal Employment Opportunity Commission. (Rogers, Kim) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

PACER
66

ORDER granting 64 Motion to Seal Document 57 Appendix, Tabs 7, 8, 10 and 11,. Signed by Judge Lawrence L. Piersol on 9/8/06. (SLL, ) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

PACER

SEALING Tabs 7, 8, 10, and 11 of Doc. 57, pursuant to Order of Court dated 9/8/06 (SLL, )

Sept. 8, 2006

Sept. 8, 2006

PACER

NOTICE of Filing Error: Motion to Strike 65 filed by Equal Employment Opportunity Commission, FILED IN ERROR (Rogers, Kim)

Sept. 12, 2006

Sept. 12, 2006

PACER
68

Joint MOTION to Strike 61 Designation of Expert Witness James Carroll by Equal Employment Opportunity Commission. (Rogers, Kim) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

PACER
69

MEMORANDUM in Opposition re 68 Joint MOTION to Strike 61 Designation of Expert Witness James Carroll filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

PACER
70

AFFIDAVIT of Susan Brunick Simons re 69 Memorandum in Opposition to Motion Objection and Joint Motion to Strike Defendant's Expert James Carroll. (Attachments: # 1 September 6, 2005, correspondence# 2 September 12, 2005, e-mail# 3 January 17, 2006 correspondence# 4 January 23, 2006 correspondence# 5 March 15, 2006 correspondence# 6 April 11, 2006 correspondence# 7 June 19, 2006 correspondence# 8 June 23, 2006 correspondence# 9 Defendant's Expert Disclosure# 10 September 6, 2006 correspondence# 11 Itemization of fees)(Simons, Susan) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

PACER
71

MOTION for Sanctions by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

PACER
72

MEMORANDUM in Support re 71 MOTION for Sanctions filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

PACER
73

CERTIFICATE of Service by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

PACER
74

Joint MOTION to Extend Deadlines for Briefing Schedule by Equal Employment Opportunity Commission. (Rogers, Kim) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

PACER
75

SECOND AMENDED RULE 16 SCHEDULING ORDER: Motion Hearing set for 10/30/2006 09:00 AM before U. S. District Judge Lawrence L. Piersol; Pretrial Conference set for 10/30/2006 09:00 AM before U. S. District Judge Lawrence L. Piersol; Jury Trial set for 12/5/2006 09:30 AM before U. S. District Judge Lawrence L. Piersol. Signed by Judge Lawrence L. Piersol on 9/15/06. (SKM) (Entered: 09/15/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
77

ORDER REFERRING MOTION: 71 MOTION for Sanctions filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P. referred to Mag. John Simko for a report and recommendation. Signed by Judge Lawrence L. Piersol on 9/15/06. (SKM) (Entered: 09/18/2006)

Sept. 15, 2006

Sept. 15, 2006

PACER
79

MEMORANDUM in Opposition re 54 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Weeks, Nancy) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

PACER
80

AFFIDAVIT in Opposition re 54 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Ackerson depo# 2 Balaban depo# 3 Dooley depo# 4 Fjellestad depo# 5 Gacke depo# 6 Hanson depo# 7 Hofer depo# 8 Kost depo# 9 Exhibit 1# 10 Exhibit 2# 11 Exhibit 3# 12 Exhibit 6# 13 Exhibit 7# 14 Exhibit 8# 15 Exhibit 9# 16 Exhibit 11# 17 Exhibit 13# 18 Exhibit 14# 19 Exhibit 16# 20 Exhibit 19# 21 Exhibit 21# 22 Exhibit 23# 23 Exhibit 27# 24 Exhibit 28# 25 Exhibit 29# 26 Exhibit 30# 27 Exhibit 35# 28 Exhibit 40)(Weeks, Nancy) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

PACER
81

RESPONSE to Motion re 54 MOTION for Summary Judgment Plaintiffs' Disputed Facts filed by Equal Employment Opportunity Commission. (Weeks, Nancy) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

PACER
82

MEMORANDUM in Opposition re 59 MOTION for Separate Trials filed by Equal Employment Opportunity Commission. (Attachments: # 1 King v. West)(Weeks, Nancy) (Entered: 09/20/2006)

Sept. 20, 2006

Sept. 20, 2006

PACER
83

RESPONSE to Motion re 71 MOTION for Sanctions filed by Richelle Dooley, Angie Gacke. (SKM) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

PACER
84

AFFIDAVIT of Richard C. Flugge re 83 Response to Motion. (SKM) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

PACER
85

CERTIFICATE OF SERVICE by Richelle Dooley, Angie Gacke (SKM) (Entered: 10/02/2006)

Oct. 2, 2006

Oct. 2, 2006

PACER
86

REPLY to 54 Motion for Summary Judgment Brief in Support of filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

PACER
87

RESPONSE to 81 Response to Motion EEOC/Intervenors' Disputed Facts filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

PACER
88

AFFIDAVIT of Sherena Kost re 87 Response Defendant's Response to EEOC/Intervenors' Disputed Facts. (Simons, Susan) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

PACER
89

REPLY to 59 Motion for Miscellaneous Relief in Support of Defendant's Motion for Separate Trials filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

PACER
90

REPLY to 71 Motion for Sanctions in Support of Defendant's Motion for Sanctions filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

PACER
91

CERTIFICATE of Service by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

PACER
92

AFFIDAVIT of Susan Brunick Simons re 71 MOTION for Sanctions Supplemental. (Attachments: # 1 Statement of Costs to prepare Reply re Motion for Sanctions)(Simons, Susan) (Entered: 10/09/2006)

Oct. 9, 2006

Oct. 9, 2006

PACER
93

CERTIFICATE of Service by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 10/09/2006)

Oct. 9, 2006

Oct. 9, 2006

PACER
94

MINUTES - Motion Hearing held on 10/30/2006 re 68 Joint MOTION to Strike 61 Designation of Expert Witness James Carroll filed by Equal Employment Opportunity Commission,, 59 MOTION for Separate Trials filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.,, 54 MOTION for Summary Judgment filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.,, 71 MOTION for Sanctions filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.,, Final Pretrial Conference held on 10/30/2006 before Judge Lawrence L. Piersol (Court Reporter Jerry May/FTR) (JMM, ) Modified on 11/22/2006 (JMM, ). (hearing was held on 10/30/06, minutes mistakenly state 10/29/06) (Entered: 10/30/2006)

Oct. 30, 2006

Oct. 30, 2006

PACER
95

THIRD AMENDED RULE 16 SCHEDULING ORDER: Jury Trial set for 3/27/2007 09:30 AM before U. S. District Judge Lawrence L. Piersol. Signed by Judge Lawrence L. Piersol on 11/22/06. (SKM) (Entered: 11/24/2006)

Nov. 22, 2006

Nov. 22, 2006

PACER
97

RULE 26 Disclosures by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Rebuttal Expert Report)(Rogers, Kim) (Entered: 12/15/2006)

Dec. 15, 2006

Dec. 15, 2006

PACER
98

NOTICE of Appearance by Loretta F. Medina on behalf of Equal Employment Opportunity Commission (LMZ) (Entered: 01/22/2007)

Jan. 22, 2007

Jan. 22, 2007

PACER
99

NOTICE to Take Deposition of James Carroll by Richelle Dooley, Angie Gacke.(SKM) (Entered: 02/02/2007)

Feb. 2, 2007

Feb. 2, 2007

PACER
100

STATUS REPORT Notice of Compliance with Court Order by Equal Employment Opportunity Commission. (Attachments: # 1 Letter dated 2/2/07 Attachment # 2 Letter dated 2/7/07 Attachment #(3) Regional Attorneys' Manual Part 3 "Conducting Litigation")(Rogers, Kim) Descriptive text added on 2/13/2007 (Lovro, Sharon). (Entered: 02/12/2007)

Feb. 12, 2007

Feb. 12, 2007

PACER
101

REPLY to 100 Status Report, to Plaintiff EEOC's Notice of Compliance with Court Order and Defendant's Notice of Compliance with Court Order filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Attachments: # 1 January 11, 2007, Telephone Message# 2 January 19, 2007, letter from Attorney Pekas# 3 January 25, 2007, telephone message)(Simons, Susan) (Entered: 02/13/2007)

Feb. 13, 2007

Feb. 13, 2007

PACER
102

MEMORANDUM OPINION ORDER RE: SUMMARY JUDGMENT AND OTHER MOTIONS granting 54 motion for summary judgment with regard to Plaintiffs' pattern and practice discrimination claims and denying 54 Motion for Summary Judgment with regard to disparate treatment claims of the EEOC, Dooley, and Gacke; denying 59 Motion for separate trials; denying 68 Motion to Strike Designation of Expert Witness James Carroll; denying 71 Motion for Sanctions. Signed by Judge Lawrence L. Piersol on 3/9/07. (SLL) (Entered: 03/12/2007)

March 9, 2007

March 9, 2007

Clearinghouse
104

ORDER FOR TRIAL: Jury Trial set for 4/3/2007 09:30 AM before U. S. District Judge Lawrence L. Piersol Signed by Judge Lawrence L. Piersol on 3/19/07. (SLL) (Entered: 03/20/2007)

March 19, 2007

March 19, 2007

PACER
106

Witness List by Equal Employment Opportunity Commission.(Rogers, Kim) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

PACER
107

Exhibit List by Equal Employment Opportunity Commission.. (Attachments: # 1 Exhibit List)(Rogers, Kim) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

PACER
108

MOTION Release of Juror Questionnaires by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

PACER
109

Witness List by Siouxland Oral Maxillofacial Surgery Associates, L.L.P..(Simons, Susan) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

PACER
110

Exhibit List by Siouxland Oral Maxillofacial Surgery Associates, L.L.P...(Simons, Susan) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

PACER
111

MOTION Limit Examination Under Rule 611 by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons, Susan) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

PACER

Case Details

State / Territory: South Dakota

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 28, 2004

Closing Date: Feb. 18, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of two employees.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Siouxland Oral Maxillofacial Surgery Associates, LLP (Sioux Falls, Minnehaha), Private Entity/Person

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $118,775

Issues

General/Misc.:

Pattern or Practice

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Hiring

Discrimination Basis:

Pregnancy discrimination

Sex discrimination

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit