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

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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…

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.

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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)

Judge(s)

Simko, John E. (South Dakota)

Attorney Contact Information via CourtListener

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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

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Resources

Title	Description		External URL Date / External URL
Under the Radar: Visibility and the Effects of Discrimination Lawsuits in Small and Large Firms Carly Knight, Frank Dobbin, Alexandra Kalev	Research on how discrimination lawsuits affect corporate diversity has yielded mixed results. Qualitative studies highlight the limited efficacy of lawsuits in the typical workplace, finding that lit…	April 1, 2022	April 1, 2022 https://cris.tau.ac.il/...

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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.

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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