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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

Case Ongoing

Clearinghouse coding complete

Case Summary

The Denver and New Mexico Offices of the EEOC filed this action in the District Court for the District of South Dakota. 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 complaint because of her pregnancy, and the alleged failure to hire the other complainant due to her sex. The lawsuit was filed in December 2004 and was tried to a jury in April 2007.…

The Denver and New Mexico Offices of the EEOC filed this action in the District Court for the District of South Dakota. 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 complaint because of her pregnancy, and the alleged failure to hire the other complainant due to her sex. The lawsuit was filed in December 2004 and was tried to a jury in April 2007. The jury awarded a total of $21,098 to the two complainants, both of whom had intervened in the case. The defendant initially filed a motion to sever, and later a motion for separate trials, both of which were denied. They also had a motion for summary judgment denied in part, although the court did dismiss the EEOC's pattern-or-practice claim. After the jury verdict in their favor, the EEOC filed for injunctive relief, which was denied. Both parties appealed, but consented to withdrawing the appeal to allow the district court to determine the amount of prejudgment interest due on the award of backpay. The defendant appealed the district court's award of interest, which is still pending as of 4/22/2008.

Summary Authors

Kevin Wilemon (8/17/2007)

People

For PACER's information on parties and their attrorneys, 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)

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
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
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
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

Resources

Docket

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

Last updated Nov. 1, 2022, 3:11 a.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

2

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

Dec. 28, 2004

Dec. 28, 2004

3

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

Dec. 28, 2004

Dec. 28, 2004

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

5

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

Jan. 13, 2005

Jan. 13, 2005

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

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

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

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

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

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

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

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

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

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

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

18

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

May 27, 2005

May 27, 2005

RECAP
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

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

23

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

Sept. 12, 2005

Sept. 12, 2005

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

26

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

Oct. 3, 2005

Oct. 3, 2005

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

Settlement Conference held on 2/23/2006 before Judge John E. Simko(CG) (Entered: 03/07/2006)

Feb. 23, 2006

Feb. 23, 2006

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

29

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

April 10, 2006

April 10, 2006

30

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

April 10, 2006

April 10, 2006

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

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

34

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

April 12, 2006

April 12, 2006

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

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

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

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

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

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, )

May 9, 2006

May 9, 2006

RECAP
44

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

May 31, 2006

May 31, 2006

45

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

May 31, 2006

May 31, 2006

46

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

May 31, 2006

May 31, 2006

47

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

May 31, 2006

May 31, 2006

48

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

May 31, 2006

May 31, 2006

49

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

May 31, 2006

May 31, 2006

50

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

July 5, 2006

July 5, 2006

51

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

July 5, 2006

July 5, 2006

52

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

July 5, 2006

July 5, 2006

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEALING Tabs 7, 8, 10, and 11 of Doc. 57, pursuant to Order of Court dated 9/8/06 (SLL, ) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

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

NOTICE of Filing Error: Motion to Strike65 filed by Equal Employment Opportunity Commission, FILED IN ERROR (Rogers, Kim) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

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

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

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

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

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

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

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

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

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

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

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

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

84

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

Oct. 2, 2006

Oct. 2, 2006

85

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

Oct. 2, 2006

Oct. 2, 2006

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

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

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

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

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

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

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

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

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

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

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

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

99

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

Feb. 2, 2007

Feb. 2, 2007

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

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

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)

March 9, 2007

March 9, 2007

RECAP
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

106

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

March 20, 2007

March 20, 2007

107

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

March 20, 2007

March 20, 2007

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

109

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

March 20, 2007

March 20, 2007

110

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

March 20, 2007

March 20, 2007

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

112

MEMORANDUM in Support re 111 MOTION Limit Examination Under Rule 611 filed by Siouxland Oral Maxillofacial Surgery Associates, L.L.P.. (Simons,

March 20, 2007

March 20, 2007

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: 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

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

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, SD), Private Entity/Person

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 21098

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit