Case: EEOC v. Shelbyville Mixing Center

EEOC v. Shelbyville Mixing

Equal Employment Opportunity Commission v. Shelbyville Mixing Center, Inc.

EEOC v. Shelbyville Mixing Center, Inc.

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (1 summons issued) (CBD) (Entered: 09/22/2000)

SUMMONS issued as to defendant Intl Brother Team c/o Fred Zuckerman, President (CBD) (Entered: 10/16/2000)

SUMMONS issued as to defendant Intl Brother Team c/o Fred Zuckerman, President (CBD)

MOTION by defendant Shelbyville Mixing to extend time to answer or otherwise move (CBD) (Entered: 10/25/2000)

SUBMITTED re motion to extend time to answer or otherwise move [2-1] (CBD) (Entered: 11/01/2000)

SUBMITTED re motion to extend time to answer or otherwise move [2-1] (CBD)

ANSWER by defendant Intl Brother Team to [1-1] (CBD) (Entered: 11/14/2000)

GENERAL STATUS ORDER; Joint Status Rpt due 12/14/00 (cc: all counsel) [EOD Date: 11/14/00] (CBD) (Entered: 11/14/2000)

ORDER by Judge Joseph M. Hood: dft shall have to 11/22/00 to ans or otherwise resp to the cmp (cc: all counsel) [EOD Date: 11/20/00] (CBD) (Entered: 11/20/2000)

ANSWER by defendant Shelbyville Mixing to Cmp [1-1] (CBD) (Entered: 11/27/2000)

RETURN OF SERVICE executed upon defendant Intl Brother Team c/o Fred Zuckerman, President on 10/23/00 by Cert Mail (CBD) (Entered: 12/05/2000)

RETURN OF SERVICE executed upon CT Corporation on 10/2/00 by cert mail (CBD) (Entered: 12/05/2000)

UNOPPOSED MOTION by plaintiff EEOC for leave to amend cmp (CBD) (Entered: 12/12/2000)

MEMORANDUM by plaintiff EEOC in support of motion for leave to amend cmp [9-1] (CBD) (Entered: 12/12/2000)

PROPOSED Amended Cmp tendered by plaintiff EEOC (CBD) (Entered: 12/12/2000)

PROPOSED Amended Cmp tendered by plaintiff EEOC (CBD)

ORDER by Judge Joseph M. Hood: Dfts indicate they have no obj to pltfs mtn [9-1] & ct being advised, does now GRANT the mtn. Clerk shall accept Amd Cmp as subm to ct. Ct directs dfts that they need not respond to the amd cmp. (cc: all counsel) [EOD Date: 12/13/00] (CBD) (Entered: 12/13/2000)

AMENDED COMPLAINT [1-1] by plaintiff EEOC; adding Gen Drivers, Whs; jury demand (CBD) (Entered: 12/13/2000)

REPORT OF PARTIES PLANNING MEETING by the parties (CBD) (Entered: 12/18/2000)

NOTICE TO ATTORNEY Bobby C. Simpson By Clerk re: L.R.3- Attorney Admission procedure (CBD) (Entered: 12/28/2000)

ORDER by Judge Joseph M. Hood: 1) motion to amd filing ddl 4/30/01; 2) discovery ddl 8/31/01; 3) dispositive motion ddl 10/31/01; 4) mtns in limie ddl 11/30/01 5) pretrial conference set for 4:00 3/18/01, Fkt; 6) pretrial filings due 3/11/01; 7) jury trial set for 9:00 4/22/01, Fkt (cc: all counsel) [EOD Date: 1/11/01] (CBD) (Entered: 01/11/2001)

LETTER from Bobby C. Simpson re Admission (CBD) (Entered: 01/22/2001)

RESPONSES TO PLTF'S FIRST SET OF INTERROGATORIES & REQUEST FOR PRODUCTION OF DOC.S by defendant Gen Drivers, Whs (CBD) (Entered: 02/13/2001)

ORDER by Judge Joseph M. Hood; the 11/30/01 ddl for filing mtns in limine be revised to reflect the date of 3/31/02 (cc: all counsel) [EOD Date: 2/14/01] (CBD) (Entered: 02/14/2001)

MOTION by plaintiff EEOC for partial summary judgment (CBD) (Entered: 04/20/2001)

BRIEF by plaintiff EEOC in support of motion for partial summary judgment [19-1] (CBD) (Entered: 04/20/2001)

RESPONSE by defendant Shelbyville Mixing to pltf's motion for partial summary judgment [19-1] (CBD) (Entered: 05/07/2001)

REPLY by plaintiff EEOC to Shelbyville Mixing Ctr's response to motion for partial summary judgment [19-1] (CBD) (Entered: 05/18/2001)

SUBMITTED re motion for partial summary judgment [19-1] (CBD) (Entered: 05/18/2001)

SUBMITTED re motion for partial summary judgment [19-1] (CBD)

ORDER by Judge Joseph M. Hood: 1) pltf's mtn for partial sum jgm [19-1] is GRANTED IN PART & DENIED IN PART (a) pltf's mtn to dism dft's claim that cmp fails to state claim for which relief may be granted is GRANTED (b) all pltf's remaining requests for dismissal are DENIED W/OUT PREJUDICE 2) pltf is GRANTED LEAVE TO REFILE ITS MTN FOR SUM JGM AT CLOSE OF DISCOVERY 3) previously ordered disc proceedings are STAYED pending resolution of jurisdictional issue at bar 4) parties UNDERTAKE DISCOVERY proceedings which address concerns of ct, as outlined in above opinion (cc: all counsel) [EOD Date: 6/1/01] (CBD) Modified on 08/21/2001 (Entered: 06/01/2001)

MOTION by plaintiff EEOC to allow general disc & suspend disc ddl (CBD) (Entered: 08/07/2001)

MEMORANDUM by plaintiff EEOC in support of motion to allow general disc & suspend disc ddl [24-1] (CBD) (Entered: 08/07/2001)

RESPONSE by defendant Shelbyville Mixing to pltf's motion to allow general disc & suspend disc ddl [24-1] (CBD) (Entered: 08/20/2001)

SUBMITTED re motion to allow general disc & suspend disc ddl [24-1] (CBD) (Entered: 09/05/2001)

SUBMITTED re motion to allow general disc & suspend disc ddl [24-1] (CBD)

ORDER by Judge Joseph M. Hood: EEOC has moved for an order lifting stay of disc that ct imposed 6/1/01 [24-1]. The Ct now GRANTS this mtn. Further ORD disc ddl of 8/31/01 be ext. W/in 10 days parties meet to dev new proposed disc plan. W/in 10 days of meeting parties file a jnt status rpt (cc: all counsel) [EOD Date: 9/7/01] (CBD) Modified on 09/07/2001 (Entered: 09/07/2001)

JOINT PLANNING MEETING REPORT by plaintiff, defendant (CBD) (Entered: 10/11/2001)

ORDER by Judge Joseph M. Hood 1) motion to amd filing ddl 12/31/01; 2) discovery ddl 7/31/02; 3) rpts retained from experts from pltf due 6/30/02 & dfts 7/31/02 4) disp motion ddl 9/30/02; 5) mtn in limine ddl 10/30/02 6) pretrial conference set for 4:00 2/10/03, Fkt; 7) pretrial filings due 2/3/03; 8) jury trial set for 9:00 3/10/03, Fkt (cc: all counsel) [EOD Date: 10/23/01] (CBD) Modified on 10/23/2001 (Entered: 10/23/2001)

ORDER SET ASIDE 1/3/02-----ORDER by Judge Joseph M. Hood: 1) w/in 21 days parties shall meet & deveop a proposed disc plan 2) w/in 10 days after meeting parties file jnt status rpt (cc: all counsel) [EOD Date: 12/14/01] (CBD) Modified on 01/04/2002 (Entered: 12/14/2001)

ADVISE TO COURT IN RESPONSE by defendant Shelbyville Mixing to Order of 12/12/01 [30-1] (CBD) Modified on 01/02/2002 (Entered: 01/02/2002)

ORDER by Judge Joseph M. Hood: Record No. 30 is SET ASIDE. (cc: all counsel) [EOD Date: 1/4/02] (SAM) Modified on 01/04/2002 (Entered: 01/04/2002)

REMARK: Entry No. 30 - Order - SET ASIDE. (SAM) (Entered: 01/04/2002)

REMARK: Entry No. 30 - Order - SET ASIDE. (SAM)

MOTION by defendant Shelbyville Mixing for summary judgment on the issue of conciliation (CBD) (Entered: 01/11/2002)

MEMORANDUM by defendant Shelbyville Mixing in support of motion for summary judgment on the issue of conciliation [33-1] (CBD) (Entered: 01/11/2002)

SUBMITTED re motion for summary judgment on the issue of conciliation [33- 1] (SAM) (Entered: 01/30/2002)

SUBMITTED re motion for summary judgment on the issue of conciliation [33-1] (SAM)

UNOPPOSED MOTION by plaintiff EEOC to ext time to resp to Shelbyville Mixing Ctr's mtn for sum jgm until 2/15/02 (CBD) (Entered: 01/31/2002)

SUBMITTED re motion to ext time to resp to Shelbyville Mixing Ctr's mtn for sum jgm until 2/15/02 [35-1] (CBD)

ORDER by Judge Joseph M. Hood: EEOC has moved to ext time to resp to Shelbyville Mixing Ctr's mtn for sum jgm The Ct now GRANTS the mtn [35-1] Pltf granted permission to file resp to mtn for sum jgm by 2/15/02 (cc: all counsel) [EOD Date: 2/7/02] (CBD) Modified on 02/19/2002 (Entered: 02/07/2002)

RESPONSE by plaintiff to dft's motion for summary judgment on the issue of conciliation [33-1], w/affidavits of Marcia Hall-Craig, Hazel Emly (copy), and Susan Ryan. (SAM) (Entered: 02/21/2002)

SUBMITTED re motion for summary judgment on the issue of conciliation [33- 1] (SAM) (Entered: 03/04/2002)

SUBMITTED re motion for summary judgment on the issue of conciliation [33-1] (SAM)

REPLY by defendant Shelbyville Mixing to pltf's response to motion for summary judgment on the issue of conciliation [33-1] (CBD) (Entered: 03/05/2002)

SUBMITTED re motion for summary judgment on the issue of conciliation [33- 1] (CBD) (Entered: 03/05/2002)

SUBMITTED re motion for summary judgment on the issue of conciliation [33-1] (CBD)

ATTORNEY APPEARANCE for plaintiff EEOC by Barbara A. Seely, Jan Shelly, Melvin Kennedy (CBD) (Entered: 04/12/2002)

JOINT MOTION by plf EEOC and dft Shelbyville Mixing for extens of disc and trial ddls. (SAM) (Entered: 04/17/2002)

ORDER by Judge Joseph M. Hood: 1) disc be completed on or before 11/30/02 2) rpts from experts due from pltf by 10/31/02 and dfts 11/30/02 3) disp mtns ddl 1/30/03 4) mtns in limine ddl 2/28/03 5) pretrial conference rescheduled to 5/12/03 @ 1:00 and trial for 6/24/03 @ 9:00 (cc: all counsel) [EOD Date: 4/22/02] (CBD) (Entered: 04/22/2002)

WITHDRAWAL OF APPEARANCE by plaintiff EEOC to withdraw attorney, Laurie A. Young (CBD) Modified on 05/13/2002 (Entered: 05/13/2002)

WITHDRAWAL OF APPEARANCE by plaintiff EEOC to withdraw attorney, Michelle Eisele (CBD) (Entered: 05/13/2002)

MOTION TO WITHDRAW APPEARANCE by plaintiff EEOC to withdraw attorney, Kenneth L. Bird (CBD) (Entered: 05/13/2002)

ORDER by Judge Joseph M. Hood: parties file original depo.s of Hazel Duncan Emly, Susan Ryan and Marcia Hall-Craig w/in 15 days of this Order (cc: all counsel) [EOD Date: 5/17/02] (CBD) (Entered: 05/17/2002)

MEMORANDUM OPINION AND ORDER: by Judge Joseph M. Hood: dft's mtn for summary judgment (on the issue of conciliation) [33-1] DENIED (cc: all counsel) [EOD Date: 5/17/02] (CBD) (Entered: 05/17/2002)

ORDER by Judge Joseph M. Hood granting motion to withdraw attorney, Michelle Eisele [43-1]; Ms Eisele's appearance is ordered w/drawn. for EEOC (cc: all counsel) [EOD Date: 5/21/02] (SAM) (Entered: 05/21/2002)

ORDER by Judge Joseph M. Hood granting motion to withdraw attorney, Kenneth L. Bird [44-1]; Mr Bird's appearance is ordered w/drawn. (cc: all counsel) [EOD Date: 5/21/02] (SAM) (Entered: 05/21/2002)

ORDER by Judge Joseph M. Hood granting motion to withdraw attorney, Laurie A. Young [42-1]; Ms Young's appearance is ordered w/drawn. (cc: all counsel) [EOD Date: 5/21/02] (SAM) (Entered: 05/21/2002)

DEPOSITION of MARCIA HALL-CRAIG taken on the following date(s): 10/31/01 by: DFTS (SEP. VOL.) (SAM) (Entered: 05/22/2002)

DEPOSITION of SUSAN RYAN taken on the following date(s): 10/31/01 by: DFTS (SEP. VOL.) (SAM) (Entered: 05/22/2002)

DEPOSITION of HAZEL DUNCAN EMLY taken on the following date(s): 10/31/01 by: DFTS (SEP. VOL.) (SAM) (Entered: 05/22/2002)

------------------------------------------------------ V O L U M E 2 -------------- ---------------------------------------- (CBD) (Entered: 05/28/2002)

------------------------------------------------------ V O L U M E 2 ------------------------------------------------------ (CBD)

ORDER by Judge Joseph M. Hood: Telephone conf is sched at 10:00 am, 9/19/02. Parties shall initiate call. (cc: all counsel) [EOD Date: 9/18/02] (SAM) Modified on 09/18/2002 (Entered: 09/18/2002)

MOTION by counsel for defendant Shelbyville Mixing to withdraw as attorney for Shelbyville Mixing Center. (SAM) (Entered: 09/18/2002)

ORDER by Judge Joseph M. Hood: motion to withdraw counsel filed by Frost Brown Todd LLC & attys C. Laurence Woods III and William F. Becker is granted [54-1] (cc: all counsel) [EOD Date: 9/23/02] (CBD) (Entered: 09/23/2002)

MOTION by defendant Gen Drivers, Whs to substitute counsel (CBD) (Entered: 09/26/2002)

ORDER by Judge Joseph M. Hood granting motion to substitute counsel [56-1] Irwin H Cutler Jr and J. Keith Smith for Gen Drivers; Robert Colone, Staff Atty, shall henceforth be its sole representative in this civil action. (cc: all counsel) [EOD Date: 10/1/02] (SAM) Modified on 10/01/2002 (Entered: 10/01/2002)

NOTICE TO ATTORNEY Robert Colone By Clerk re: L.R.3- Attorney Admission procedure (SAM) (Entered: 10/09/2002)

MOTION by plaintiff to compel answers to plf's 4th set of interrogs to dft employer Shelbyville Mixing. (SAM) (Entered: 10/15/2002)

ORDER by Judge Joseph M. Hood: Procedures re filing of briefs and memo.s of law in proceedings assigned to Judge Hood (cc: all counsel) [EOD Date: 10/29/02] (CBD) (Entered: 10/29/2002)

SUBMITTED re motion to compel [59-1] (CBD) (Entered: 11/07/2002)

SUBMITTED re motion to compel [59-1] (CBD)

ORDER by Judge Joseph M. Hood: 1) pltf's motion (to compel) [59-1] is GRANTED 2) Shelbyville Mixing Ctr respond to the pltf's fourth set of interrogatories by 11/22/02 (cc: all counsel) [EOD Date: 11/12/02] (CBD) (Entered: 11/12/2002)

SUGGESTION OF BANKRUPTCY by defendant Shelbyville Mixing (CBD) (Entered: 11/12/2002)

MOTION by plaintiff for withdrawal of the reference to Bankruptcy Court (SAM) (Entered: 11/14/2002)

ORDER by Judge Joseph M. Hood: Hon. Robert Clone is STRICKEN as counsel for dft, International Brotherhood of YTeamsters, Local Union 89 (cc: all counsel) [EOD Date: 11/22/02] (CBD) (Entered: 11/22/2002)

MOTION by defendant Gen Drivers, Whs for reconsideration of Order (CBD) (Entered: 12/02/2002)

ORDER by Judge Joseph M. Hood: Robert M. Clone be reinstated as counsel of record [65-1] (cc: all counsel) [EOD Date: 12/10/02] (CBD) (Entered: 12/10/2002)

SUBMITTED re motion for withdrawal of the reference to Bankruptcy Court [63-1] (CBD) (Entered: 12/16/2002)

SUBMITTED re motion for withdrawal of the reference to Bankruptcy Court [63-1] (CBD)

MEMORANDUM OPINION AND ORDER: by Judge Joseph M. Hood: 1) pltf's motion for withdrawal of the reference to Bankruptcy Court [63-1] GRANTED 2) matter WITHDRAWN from jurisdiction of Bankruptcy Ct for EDKY (cc: all counsel) [EOD Date: 12/17/02] (CBD (Entered: 12/17/2002)

ORDER by Judge Joseph M. Hood: Order as to procedures re filing of briefs and memos of law in proceedings assigned to Judge Hood. THIS ORDER SUPERSEDES ANY EARLIER GENERAL ORDER RE ELECTRONIC COPIES PROVIDED TO THE COURT. (cc: all counsel) [EOD Date: 12/18/02] (SAM) Modified on 12/18/2002 (Entered: 12/18/2002)

ORDER by Judge Joseph M. Hood pretrial conference CONTINUED to 5/19/03 @ 1:00 in Fkt (cc: all counsel) [EOD Date: 12/26/02] (CBD) (Entered: 12/26/2002)

ORDER by Judge Joseph M. Hood jury trial ADVANCED to 6/17/03 @ 9:00 in FKT (cc: all counsel) [EOD Date: 1/8/03] (CBD) (Entered: 01/08/2003)

MOTION by plaintiff EEOC for summary judgment (CBD) (Entered: 01/16/2003)

MEMORANDUM by plaintiff EEOC in support of motion for summary judgment [71-1] (CBD) (Entered: 01/16/2003)

JOINT STIPULATION for dismissal w/ of dft, Union (CBD) (Entered: 01/16/2003)

ORDER by Judge Joseph M. Hood parties EEOC and General Drivers, Warehousemen & Helpers ("Union") stipulate to dismiss action as to the Union w/ prejudice w/ each party to bear its own attys' fees, costs and expenses. (cc: all counsel) [EOD Date: 1/21/03] (CBD) (Entered: 01/21/2003)

ORDER by Judge Joseph M. Hood: 1) pltf's mtn [71-1] is GRANTED 2) sum jgm is AWARDED to pltf EEOC against Shelbyville Mixing Ctr in the amt of $750,000.00 in compensatory damages which will be divided among the class of women who applied for the loader/unloader positions during the relevant time period terminating case (cc: all counsel) [EOD Date: 2/10/03] (CBD) (Entered: 02/10/2003)