Case: EEOC v. Metromedia Restaurant Group d/b/a "Bennigan's"

EEOC v. Metromedia Restaurant Group

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (SAT) (Entered: 09/30/1999)

FIRST AMENDED COMPLAINT by pla EEOC; jury demand [1-1] (MAP) (Entered: 10/20/1999)

RETURN OF SERVICE EXECUTED (summons/complaint) upon Statutory Agent for dft CTM Restaurant Grp on 10/15/99 (MAP) (Entered: 10/20/1999)

RETURN OF SERVICE EXECUTED (summons/complaint) upon Kathy Cheshire for dft Metromedia Rest Grp on 10/14/99 (MAP) (Entered: 10/20/1999)

ANSWER to Amended Complaint by dfts (all) (MAP) (Entered: 11/04/1999)

ORDER FROM CHAMBERS by Judge John W. Sedwick re Policies and Procedures (cc: all counsel) re: order [6-1] (MAP) (ADI-ICMS, ). (Entered: 12/03/1999)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by plas (former emp) Modified on 01/12/2000 (Entered: 12/21/1999)

MOTION for Rule 16 scheduling conference hearing by pla EEOC, dft Metromedia Rest Grp, dft CTM Restaurant Grp [8-1] and joint discovery plan (former emp) (Entered: 12/21/1999)

NOTICE of Service of Initial Disclosure Statement by dfts (all) (MAP) (Entered: 01/20/2000)

NOTICE of service of first set of requests for admissions by dft Metromedia Restaurant Services, Inc. pla EEOC . (former emp) Modified on 01/28/2000 (Entered: 01/28/2000)

NOTICE of service of non-uniform interrogatories to dft Metromedia Restaurant Services, Inc by pla EEOC . (former emp) Modified on 01/28/2000 (Entered: 01/28/2000)

NOTICE of service of non-uniform interrogatories to dfts CTM Restaurants, L.L.C. by pla EEOC . (former emp) (Entered: 01/28/2000)

NOTICE of Plas first request for production to dfts CTM Restaurants, L.L.C. by pla EEOC . (former emp) (Entered: 01/28/2000)

NOTICE of service of first request for production to dft Metromedia Restaurant Services Inc. by pla EEOC . (former emp) (Entered: 01/28/2000)

NOTICE of service of plas first set of requests for admissions by dft CTM Restaurants, L.L.C. by pla EEOC . (former emp) (Entered: 01/28/2000)

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/10/2000)

NOTICE of service of discovery by dfts (all). (MAP) (Entered: 02/10/2000)

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

NOTICE of service of discovery by dft (all) (MAP) (Entered: 02/10/2000)

MINUTE ORDER denying motion for Rule 16 scheduling conference hearing by pla EEOC, dft Metromedia Rest Grp, dft CTM Restaurant Grp [8-1] and joint discovery plan (cc: all counsel) [26-1] (MAP) (ADI-ICMS, ). (Entered: 02/10/2000)

SCHEDULING AND PLANNING ORDER by Judge John W. Sedwick that all discovery due 9/1/00 (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 02/10/2000)

MOTION for pro hac vice (atty Jody A Landry) by dfts (all) [28-1] (MAP) (Entered: 02/14/2000)

MOTION to substitute attorney (Richard Cohen and Stephanie Cerasano of Lewis & Roca 40 N Central Ave Phx, AZ 85004 (602)262-5747) in place of Mark Ogden by dft CTM Restaurant Grp [29-1] (MAP) (Entered: 02/28/2000)

STIPULATION to extend Discovery ddls by pla, dfts (all) (MAP) (Entered: 02/29/2000)

NOTICE of service of discovery by dfts (all) (MAP) (Entered: 02/29/2000)

ORDER by Judge John W. Sedwick granting motion for pro hac vice (atty Jody A Landry) by dfts (all) [28-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 02/29/2000)

NOTICE of service of discovery by dft Metromedia Rest Grp (MAP) (Entered: 03/04/2000)

STIPULATION to extend time to respond to Dfts' 1st set of written discovery by pla, dfts (All) (MAP) (Entered: 03/08/2000)

ORDER by Judge John W. Sedwick granting stipulation that Dft CTM Restaurants will have thru 3/24/00 to respond to Pla's 1st set of requests for admissions, 1st req for production of and 1st set of non-uniform interrogatories (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 03/08/2000)

ORDER by Judge John W. Sedwick granting stipulation that Pla shall have thru 4/5/00 to respond to Dfts' Discovery Requests (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 03/16/2000)

STIPULATION to Extend ddl for Discovery Responses by pla, dfts (all) (MAP) (Entered: 03/27/2000)

MINUTE ORDER granting motion to substitute attorney (Richard Cohen and Stephanie Cerasano of Lewis & Roca 40 N Central Ave Phx, AZ 85004 (602)262-5747) in place of Mark Ogden, Jody Landry by dft CTM Restaurant Grp [29-1] (cc: all counsel) [38-1] (MAP) (ADI-ICMS, ). (Entered: 04/04/2000)

ORDER by Judge John W. Sedwick granting stipulation that Dft CTM Restaurants shall have thru 4.28.00 to respond to Pla's 2nd set of requests for admissions, first request for production and 1st set of non-uniform interrogatories (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 04/04/2000)

NOTICE of service of discovery by pla EEOC (MAP) (Entered: 04/10/2000)

MOTION for pro hac vice (Stefanie Kohen) by dft Metromedia Rest Grp [41-1] (MAP) (Entered: 04/24/2000)

ORDER by Judge John W. Sedwick granting motion for pro hac vice (Stefanie Kohen) by dft Metromedia Rest Grp [41-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 04/26/2000)

STIPULATION to Extend ddl for Discovery Responses by pla, dfts (all) (MAP) (Entered: 05/04/2000)

ORDER by Judge John W. Sedwick granting stipulation that Dft CTM Restaurants will have thru 5/26/00 to respond to Pla's 1st Set of Requests for Admissions, 1st Request for Production and First Set of Non-Uniform Interrogatories (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 05/18/2000)

NOTICE of Service of First Supplemental Disclosure Statement by pla EEOC (MAP) (Entered: 05/30/2000)

NOTICE of service of discovery by dft CTM Restaurant Grp (MAP) (Entered: 06/05/2000)

STIPULATION for Dismissal w/prejudice by pla, dfts (all) (MAP) (Entered: 06/26/2000)

NOTICE by dft Metromedia Rest Grp OF TAKING DEPOS OF: Lauren Smith, Ruth Cartwright and Shannon Thomas on the following date(s): 8/2-4/00 (MAP) (Entered: 06/27/2000)

ORDER by Judge John W. Sedwick granting stipulation that all claims against CTM Restaurants in this action are dsimissed w/prejudice, each party to bear own costs and fees (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 06/27/2000)

JOINT MOTION to dismiss Dft's 7th, 8th, 11th, 13th and 14th Affirmative Defenses by pla, dfts (all) [50-1] (MAP) (Entered: 07/06/2000)

STIPULATION for Dismissal with Prejudice by pla, dfts (all) (MAP) (Entered: 07/06/2000)

ORDER by Judge John W. Sedwick granting w/out prejudice motion to dismiss Dft's 7th, 8th, 11th, 13th and 14th Affirmative Defenses by pla, dfts (all) [50-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 07/07/2000)

STIPULATION to Extend Discovery ddls by dft, pla (MAP) (Entered: 07/18/2000)

ORDER by Judge John W. Sedwick granting stipulation extending Discovery ddls.. discovery ddl re-set for 12/15/00 (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 07/18/2000)

NOTICE of service of discovery by pla EEOC (MAP) (Entered: 08/04/2000)

NOTICE by dft Metromedia Rest Grp OF TAKING DEPO OF Cheryl Justo on the following date(s): 9/7/00 at 9:30 AM; Jennifer Hale on 9/13/00 at 9:30 AM (former emp) (Entered: 08/14/2000)

AMENDED NOTICE by dft Metromedia Rest Grp OF TAKING DEPO OF Lauren Smith, Ruth Cartwright and Shannon Thomas on the following date(s): 8/30/00, 8/31/00 and 9/1/00 (MAP) (Entered: 08/16/2000)

RETURN OF SERVICE of Notice of Depo upon EEOC by dft Metromedia Rest Grp (MAP) (Entered: 08/22/2000)

NOTICE by pla EEOC OF TAKING DEPO OF Todd Griegenburg on the following date(s): 9/8/00 (MAP) (Entered: 08/28/2000)

MOTION for pro hac vice (Holly Williamson) by dft Metromedia Rest Grp [60-1] (MAP) (Entered: 09/05/2000)

NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 09/07/2000)

NOTICE by pla EEOC of return of process of subpoena served on Todd J. Griepenburg (former emp) (Entered: 09/07/2000)

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Todd J. Griepenburg on the following date(s): 9/8/00 (former emp) (Entered: 09/07/2000)

AMENDED NOTICE of service of discovery by pla EEOC (MAP) (Entered: 09/08/2000)

ORDER by Judge John W. Sedwick granting motion for pro hac vice (Holly Williamson) by dft Metromedia Rest Grp [60-1] (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 09/08/2000)

NOTICE of service of discovery by pla EEOC (MAP) (Entered: 09/19/2000)

NOTICE by pla EEOC OF TAKING DEPO OF Daniel E. Cimino on the following date(s): 11/8/00 (former emp) (Entered: 10/19/2000)

NOTICE by pla EEOC OF 30(b)(6) TAKING DEPO OF Whitney Smith Co. on the following date(s): 11/1/00 (former emp) Modified on 10/19/2000 (Entered: 10/19/2000)

NOTICE by pla EEOC OF TAKING DEPO OF Rick Taffee on the following date(s): 11/8/00 (former emp) (Entered: 10/19/2000)

NOTICE by pla EEOC OF TAKING DEPO OF Randall Davis on the following date(s): 11/7/00 (former emp) (Entered: 10/19/2000)

NOTICE by pla EEOC OF TAKING DEPO OF Anne Ruth on the following date(s): 11/2/00 (former emp) (Entered: 10/19/2000)

NOTICE by pla EEOC OF TAKING DEPO OF Dan Parker on the following date(s): 11/9/00 (former emp) (Entered: 10/19/2000)

NOTICE by pla EEOC OF 30(b)(6) TAKING DEPO OF Metromedia Restaurant Services on the following date(s): 10/31/00 (former emp) (Entered: 10/19/2000)

MOTION for partial summary judgment w/respect to 7 of Metromedia's remaining 12 "Affirmative Defenses" by pla [74-1] (former emp) (Entered: 10/23/2000)

STATEMENT OF FACTS by pla re motion for partial summary judgment w/respect to 7 of Metromedia's remaining 12 "Affirmative Defenses" by pla [74-1] (former emp) (Entered: 10/23/2000)

ERRATA by pla to [75-1] (former emp) (Entered: 10/23/2000)

NOTICE by pla OF TAKING DEPO OF Anne Ruth on the following date(s): 11/2/00. (former emp) (Entered: 10/26/2000)

OBJECTIONS by dft to the subpoena served on the Whitney Smith Co., INc. (former emp) (Entered: 10/30/2000)

AMENDED NOTICE by pla OF TAKING DEPO OF Anne Ruth on the following date(s): 11/17/00. (former emp) (Entered: 10/30/2000)

AMENDED NOTICE by pla OF TAKING DEPO OF defendant on the following date(s): 11/16/00 (former emp) (Entered: 10/30/2000)

MOTION to compel discovery by pla [81-1] (former emp) (Entered: 11/01/2000)

WITNESS LIST by dft (former emp) (Entered: 11/02/2000)

MOTION for protective order by dft [83-1], alternatively to stay discovery pending mediation by dft [83-2] (former emp) (Entered: 11/02/2000)

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT by dft of motion for protective order by dft [83-1], motion to stay discovery pending mediation by dft [83-2] (former emp) (Entered: 11/02/2000)

DECLARATION by dft re motion for protective order by dft [83-1] [83-1], re motion to stay discovery pending mediation by dft [83-2] [83-2] (former emp) (Entered: 11/02/2000)

FINAL REVISED WITNESS LIST by pla (former emp) (Entered: 11/08/2000)

NOTICE by dft OF TAKING DEPO OF Lauren Smith, Melissa Passerotti, Jennifer Reid, Rhiannon Truog and Amanda Harting on the following date(s): various (former emp) (Entered: 11/08/2000)

AMENDED NOTICE by pla OF TAKING DEPO OF Rick Taaffe on the following date(s): 11/15/00 (former emp) (Entered: 11/08/2000)

ORDER by Judge John W. Sedwick ; status hearing set for (8:00 am AK standard time) 10:00 11/7/00 ; Cnsl for dft Metromedia will schedule the conference call. The phone number for Judge Sedwick's courtroom is 907/677-6228. (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/13/2000)

ORDER by Judge John W. Sedwick: This m/o memorializes decisions made at the status conference on 11/7/00. 1) Depositions scheduled by EEOC for the week of 11/6/00 shall proceed as scheduled; 2) all other deposition notices are deemed w/drawn pending the court's ruling on the mtn by Metromedia for a protective order, or in the alternative, for a stay; 3) EEOC will file its opposition (response) to Metro's mtn forthwith; 4) Metro's opposition (response) to EEOC's mtn to compel shall be due on 12/8/00; 5) the discovery ddl is continued to 1/26/01; 6) the ddl for dispositive mtns and mtns in limine is continued to 2/26/01; 7) if the ptys find they need more time for discovery because the court is unable to rule promptly on the mtn for protective order, the holidays interfere, or some other good reason arises; the ptys should stipulate to a reasonable extension for completing discovery and mtn practice. Alternatively, on pty may file an appropriate mtn for an extension. discovery ddl set for 1/26/01 ; dispositive motions due 2/26/01 (cc: all cnsl) (former emp) (ADI-ICMS, ). (Entered: 11/13/2000)

MOTION to withdraw dft's mtn, stay discovery and extend the time for dft to respond to EEOC's mtns pending settlement negotiations by dft [91-1] (former emp) (Entered: 11/21/2000)

ORDER by Judge John W. Sedwick granting motion to withdraw dft's mtn, stay discovery and extend the time for dft to respond to EEOC's mtns pending settlement negotiations by dft [91-1], withdrawn motion for protective order by dft [83-1], withdrawn motion to stay discovery pending mediation by dft [83-2]. The deadlines for dft to respond to pla's motion to compel discovery by pla [81-1] and motion for partial summary judgment w/respect to 7 of Metromedia's remaining 12 "Affirmative Defenses" by pla [74-1] are extended through 12/22/00. (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/30/2000)

JOINT MOTION to extend time to oppose mtns, complete discovery by pla [93-1] (former emp) (Entered: 01/10/2001)

ORDER by Judge John W. Sedwick granting motion to extend time to oppose mtns, complete discovery by pla [93-1]. Dft's opposiiton to mtn for partial sum jgm is due on 1/31/01; dft's opposition to mtn to compel is due 1/31/01; last date to sere and file the final witness list is 2/15/01; pla's supplemental witness list, including experts is due 3/3/01; dft's supplemental witness list, including experts is due on 4/3/01. discovery ddl set for 4/3/01 (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 01/17/2001)

FIRST AMENDED NOTICE by pla OF TAKING DEPO OF Daniel E. Cimino on the following date(s): 2/20/01. (former emp) (Entered: 01/24/2001)

FIRST AMENDED NOTICE by pla OF TAKING DEPO OF Randall Davis on the following date(s): 2/21/01. (former emp) (Entered: 01/24/2001)

SECOND AMENDED NOTICE by pla OF TAKING DEPO OF Anne Ruth on the following date(s): 2/15/01 (former emp) (Entered: 01/24/2001)

SECOND AMENDED NOTICE by pla OF TAKING DEPO OF Metromedia Restaurant Svc d/b/a Bennigan's Grill & Tavern on the following date(s): 2/16/01. (former emp) (Entered: 01/24/2001)

MOTION to extend time to file its briefs in opposition to EEOC's mtn for partial sum jgm and mtn to compel by dft Metromedia Rest Grp [99-1] (former emp) (Entered: 02/01/2001)

DECLARATION by dft re motion to extend time to file its briefs in opposition to EEOC's mtn for partial sum jgm and mtn to compel by dft Metromedia Rest Grp [99-1] [99-1] (former emp) (Entered: 02/01/2001)