Case: EEOC v. University of Phoenix, Inc.

U.S. Court of Appeals for the Ninth Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Kruse, Katherine) (Entered: 09/25/2006)

This case has been assigned to the Honorable Earl H Carroll. All future pleadings or documents should bear the correct case number: CV06-2303-PHX-EHC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (PEM) (Entered: 09/27/2006)

Summons Issued as to University of Phoenix, Inc.. (PEM) (Entered: 09/27/2006)

SUMMONS Returned Executed by Equal Employment Opportunity Commission. University of Phoenix, Inc. served on 11/21/2006, answer due 12/11/2006. (Kruse, Katherine) (Entered: 11/30/2006)

ANSWER to Complaint by University of Phoenix, Inc..(Mitchell, Matthew) (Entered: 12/08/2006)

Corporate Disclosure Statement by University of Phoenix, Inc.. (Mitchell, Matthew) (Entered: 12/08/2006)

ORDER REASSIGNING CASE. The undersigned hereby recuses himself from furtherparticipation in the above-entitled case and the case is reassigned to Judge Mary H. Murguia, by random draw. Future pleadings filed in this case shall bear the new case number: CIV 06-2303-PHX-MHM. Case reassigned to Judge Mary H Murguia for all further proceedings. Judge Earl H Carroll no longer assigned to case. Signed by Judge Earl H Carroll on 12/14/06. (KMG) (Entered: 12/15/2006)

ORDER SETTING SCHEDULING CONFERENCE - Scheduling Conference is set for 2/15/2007 04:00 PM before Judge Mary H Murguia. Signed by Judge Mary H Murguia on 1/10/07. (KMG) (Entered: 01/12/2007)

NOTICE of Attorney Substitution by Brian J Foster, William R Hayden, Joshua Robert Woodard adding William R Hayden and Brian J Foster for University of Phoenix, Inc., Joshua Robert Woodard and Brian J Foster for University of Phoenix, Inc. (Foster, Brian) (Entered: 01/17/2007)

REPORT re: Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission, University of Phoenix, Inc.. (Attachments: # 1 Text of Proposed Order)(Woodard, Joshua) (Entered: 02/06/2007)

Minute Entry for proceedings held before Judge Mary H Murguia. Court Reporter: Merilyn Sanchez. Appearances: Katherine Kruse for the plaintiff. Brian Foster and Joshua Woodard for the defendants. Rule 16 Scheduling Conference held on 2/15/07. Discussion held regarding the scope of discovery and whether or not it should be limited to the employees identified in the action. The Court DIRECTS counsel to confer on the issues. If the parties are unable to resolve them, counsel is granted leave to request the Court's assistance. The Court FURTHER DIRECTS plaintiff's counsel to submit a revised proposed scheduling order incorporating the deadlines set this date. Once the issues are addressed regarding the scope of the class, the Court requests counsel notify the Court as to when an appropriate time would be to refer this matter to a magistrate judge for settlement conference. [This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.] (KSP) (Entered: 02/16/2007)

Notice re Submission of Revised Rule 16 Proposed Order by Equal Employment Opportunity Commission re 11 Scheduling Conference,,, (Attachments: # 1 Text of Proposed Order)(Kruse, Katherine) (Entered: 02/20/2007)

SCHEDULING ORDER: Discovery due by 1/18/2008. Dispositive motions due by 2/22/2008. Signed by Judge Mary H. Murguia on 02/21/07. (MHM) (Entered: 02/22/2007)

Notice re Service of Defendant's Initial Rule 26 Disclosure Statement by University of Phoenix, Inc. (Woodard, Joshua) (Entered: 02/23/2007)

Notice re Service of Initial Rule 26(a)(1) Disclosures by Equal Employment Opportunity Commission (Kruse, Katherine) (Entered: 02/26/2007)

Notice re Service of First Request for Documents by Equal Employment Opportunity Commission (Kruse, Katherine) (Entered: 03/02/2007)

Notice re Service of Discovery Papers by University of Phoenix, Inc. (Foster, Brian) (Entered: 03/20/2007)

Notice re Notice of Service by University of Phoenix, Inc. of Defendant's Reply to Plaintiff's First Request for Production of Documents (Woodard, Joshua) (Entered: 04/12/2007)

STIPULATION by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, Proposed Amended Complaint Showing Additions and Deletions# 2 Text of Proposed Order)(Kruse, Katherine) (Entered: 04/18/2007)

MOTION to Amend/Correct re Stipulation to Amend Complaint by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1, Proposed Amended Complaint showing additions and deletions# 2 Text of Proposed Order)(Kruse, Katherine) (Entered: 04/18/2007)

LODGED Proposed First Amended Complaint re: 20 MOTION to Amend/Correct re Stipulation to Amend Complaint. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 04/18/2007)

ORDER granting leave to file the First Amended Complaint lodged separately on this date. The Clerk shall file the lodged First Amended Complaint. Signed by Judge Mary H Murguia on 4/25/07. (KMG, ) (Entered: 04/26/2007)

FIRST AMENDED COMPLAINT against Apollo Group, Inc., and University of Phoenix, Inc.; Jury Demand, filed by Equal Employment Opportunity Commission.(KMG) (Entered: 04/26/2007)

Notice re Service of Second Supplemental Disclosure by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 05/08/2007)

Notice re Service of Discovery Responses by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 05/08/2007)

NOTICE of Deposition of William J. Davis, filed by University of Phoenix, Inc.. (Foster, Brian) (Entered: 05/14/2007)

ANSWER to Amended Complaint by University of Phoenix, Inc., Apollo Group, Inc..(Woodard, Joshua) (Entered: 05/14/2007)

NOTICE of Deposition of William J. Davis, filed by University of Phoenix, Inc.. (Foster, Brian) (Entered: 05/23/2007)

Minute Order: The Court ORDERS setting this matter for Discovery Dispute Hearing on Wednesday, June 13, 2007 at 3:30 p.m. before Judge Mary H Murguia, at which time counsel shall appear in person. [This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.](KSP) (Entered: 06/11/2007)

Minute Entry for proceedings held before Judge Mary H Murguia. Court Reporter: Merilyn Sanchez. Katherine Kruse and Sandra Padegimas for the plaintiff. Brian Foster and Joshua Woodard for the defendant. Discovery Dispute Hearing held on 6/13/07. Counsel argue their positions to the Court. The Court GRANTS the Plaintiff's request in part. The Court DIRECTS counsel to meet and confer regarding contact information involving certain on-line department individuals that may not have been given that should have been given. Defendant shall provide the information of all the managers who worked in the online division while the charged parties were working at the University of Phoenix. The Court DIRECTS Plaintiff not to contact these managers. The Court DIRECTS that once the EEOC identifies a manager who engaged in preferential treatment, Defendant is directed to provide the names of the enrollment counselors who reported to that manager or enrollment managers who directly report to that manager at the time of the identified preferential treatment. [This is a TEXT ONLY entry. There is no.pdf documents attached.](KSP) (Entered: 06/18/2007)

TRANSCRIPT DESIGNATION AND ORDER FORM by Apollo Group, Inc. for proceedings held on 6/13/2007 before Judge Mary H. Muruia. (Foster, Brian) (Entered: 06/14/2007)

TRANSCRIPT of Motion to Compel Proceedings held on 6/13/07 before Judge Mary H Murguia. Court Reporter: Merilyn A Sanchez. (BAS, ) (Entered: 06/19/2007)

NOTICE of Deposition of William J. Davis, filed by University of Phoenix, Inc., Apollo Group, Inc.. (Foster, Brian) (Entered: 07/13/2007)

Notice re Service of Defendants' First Supplemental Rule 26 Disclosure Statement by University of Phoenix, Inc., Apollo Group, Inc. (Foster, Brian) (Entered: 08/13/2007)

STIPULATION TO FILE FIRST AMENDED ANSWER TO THE EEOC'S FIRST AMENDED COMPLAINT by Equal Employment Opportunity Commission, University of Phoenix, Inc., Apollo Group, Inc.. (Attachments: # 1 Exhibit Defendants' First Amended Answer to the EEOC's First Amended Complaint# 2 Text of Proposed Order [Proposed] Order Granting Stipulation to File First Amended Answer to the EEOC's First Amended Complaint)(Foster, Brian) (Entered: 09/13/2007)

NOTICE of Deposition of Darry Thornton, filed by all defendants. (Foster, Brian) (Entered: 09/14/2007)

Joint MOTION for Extension of Time for Expert Discovery (Deadlines) by Equal Employment Opportunity Commission, University of Phoenix, Inc., Apollo Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Padegimas, Sandra) (Entered: 09/14/2007)

ORDER re 35 IT IS HEREBY ORDERED that Defendants may file a First Amended Answer to the EEOC's First Amended Complaint in the form attached to the Stipulation filed by the parties. Signed by Judge Mary H. Murguia on 09/18/07. (MHM) (Entered: 09/19/2007)

Defendants' First Amended Answer to the EEOC's First Amended Compaint ANSWER to Amended Complaint by University of Phoenix, Inc., Apollo Group, Inc..(Foster, Brian) (Entered: 09/19/2007)

ORDER granting 37 Motion for Extension of Time as to Expert Discovery Deadlines.. Signed by Judge Mary H Murguia on 9/18/07.(KMG) (Entered: 09/19/2007)

Minute Entry for proceedings held before Judge Mary H Murguia. Court Reporter: Merilyn Sanchez. Telephonic Appearances: Brian Foster and Patricia Kirtley. Discovery Dispute Hearing held on 9/27/07. IT IS ORDERED denying the request to continue the deposition. [This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.] (KSP) (Entered: 09/28/2007)

Notice re Service of Defendants' Second Supplemental Rule 26 Disclosure Statement by University of Phoenix, Inc., Apollo Group, Inc. (Woodard, Joshua) (Entered: 10/05/2007)

MOTION to Intervene by Darry Thornton, Falonia Edenburgs. (Attachments: # 1 Exhibit A)(Kirtley, Patricia) (Entered: 10/12/2007)

MOTION to Intervene by Francine Muscianisi, Alysia Polk. (Attachments: # 1 Exhibit A. Intervener Complaint)(Kirtley, Patricia) (Entered: 10/18/2007)

Notice re Service of Third Supplemental Disclosure by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 10/23/2007)

MOTION to Intervene by Morseller Ector, Mark Ector, Jennifer Hallman. (Attachments: # 1)(Kirtley, Patricia) Modified 10/29/07 to reverse docs (KMG). (Entered: 10/28/2007)

RESPONSE to Motion re 46 MOTION to Intervene, 43 MOTION to Intervene, 44 MOTION to Intervene filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1)(Padegimas, Sandra) (Entered: 10/29/2007)

RESPONSE in Opposition re 43 MOTION to Intervene As A Plaintiff filed by University of Phoenix, Inc.. (Woodard, Joshua) (Entered: 10/29/2007)

RESPONSE in Opposition re 46 MOTION to Intervene, 44 MOTION to Intervene filed by University of Phoenix, Inc., Apollo Group, Inc.. (Woodard, Joshua) (Entered: 11/05/2007)

Notice re PLAINTIFF EEOC'S NOTICE OF SERVICE OF FOURTH SUPPLEMENTAL RULE 26(A)(1) DISCLOSURE STATEMENT by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 11/08/2007)

REPLY in Support re 43 MOTION to Intervene filed by Darry Thornton. (Kirtley, Patricia) (Entered: 11/09/2007)

NOTICE of Deposition of Robert Lein, filed by University of Phoenix, Inc.. (Foster, Brian) (Entered: 11/12/2007)

Notice re Service of Defendants' First Set of Non-Uniform Interrogatories and Second Set of Requests for Production of Documents by University of Phoenix, Inc., Apollo Group, Inc. (Woodard, Joshua) (Entered: 11/15/2007)

REPLY in Support re 46 MOTION to Intervene, 44 MOTION to Intervene filed by Francine Muscianisi, Alysia Polk, Morseller Ector, Jennifer Hallman, Mark Ector. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Kirtley, Patricia) (Entered: 11/15/2007)

Notice re Service of Fifth Supplemental Disclosure Statement by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 11/16/2007)

Notice re Service of Defendants' Responses to Plaintiff's First Set of Non-Uniform Interrogatories and Second and Third Requests for Production of Documents by University of Phoenix, Inc. (Woodard, Joshua) (Entered: 11/16/2007)

Notice re Service of Defendants' Third Supplemental Rule 26 Disclosure Statement by University of Phoenix, Inc., Apollo Group, Inc. (Woodard, Joshua) (Entered: 11/19/2007)

Notice re of Service of Fourth Request For Production of Documents by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 11/21/2007)

Notice re Service of Defendants' Fourth Supplemental Rule 26 Disclosure Statement by University of Phoenix, Inc., Apollo Group, Inc. (Woodard, Joshua) (Entered: 11/21/2007)

MOTION to Intervene as a Plaintiff by Shelley Thompson. (Attachments: # 1 Exhibit A)(Kirtley, Patricia) (Entered: 11/26/2007)

Notice re Service of Sixth Supplemental Rule 26(a)(1) by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 11/28/2007)

First MOTION for Extension of Time To Complete Discovery by Equal Employment Opportunity Commission. (Attachments: # 1)(Padegimas, Sandra) (Entered: 11/28/2007)

ORDER - Upon 62 Motion for Extension of Time to Complete Discovery, IT IS HEREBY ORDERED: (1) Discovery shall close on May 30, 2008; and (2) Dispositive motions shall be due on June 27, 2008. No further extensions will be granted. Signed by Judge Mary H Murguia on 12/10/07.(SAT) (Entered: 12/11/2007)

Notice re Service of Defendants' (Revised) Fourth Supplemental Rule 26 Disclosure Statement by University of Phoenix, Inc., Apollo Group, Inc. (Woodard, Joshua) (Entered: 12/11/2007)

STIPULATION to Extend Expert Witness Disclosure Deadlines by Equal Employment Opportunity Commission, University of Phoenix, Inc., Apollo Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Woodard, Joshua) (Entered: 12/11/2007)

ORDER re 65 STIPULATION - Extending the deadline for Dft to disclose expert witnesses from December 14, 2007 to March 14, 2008; and Extending the deadline for Pla to disclose rebuttal expert witnesses, if any, from January 4, 2008 to April 25, 2008. Signed by Judge Mary H Murguia on 12/12/07. (KMG) (Entered: 12/13/2007)

RESPONSE to Motion re 60 MOTION to Intervene as a Plaintiff filed by University of Phoenix, Inc., Apollo Group, Inc.. (Woodard, Joshua) (Entered: 12/13/2007)

NOTICE of Deposition of Wesley Jueckstock, filed by University of Phoenix, Inc.. (Woodard, Joshua) (Entered: 12/14/2007)

NOTICE of Deposition of Karen Matthews, filed by University of Phoenix, Inc.. (Woodard, Joshua) (Entered: 12/18/2007)

Notice re Service of Defendants' Responses to Plaintiff's Fourth Request for Production of Documents by University of Phoenix, Inc., Apollo Group, Inc. (Woodard, Joshua) (Entered: 01/11/2008)

TRANSCRIPT DESIGNATION AND ORDER FORM by Equal Employment Opportunity Commission for proceedings held on 6/13/2007 before Judge Mary H. Murguia. (Kruse, Katherine) (Entered: 01/15/2008)

NOTICE of Deposition of Wayne Foraker, filed by Equal Employment Opportunity Commission. (Padegimas, Sandra) (Entered: 01/17/2008)

NOTICE of Deposition of Karen Matthews, filed by University of Phoenix, Inc., Apollo Group, Inc.. (Woodard, Joshua) (Entered: 01/25/2008)

NOTICE of Deposition of Darlene Jones, filed by University of Phoenix, Inc., Apollo Group, Inc.. (Woodard, Joshua) (Entered: 01/25/2008)

NOTICE of Deposition of Shanita Patterson, filed by University of Phoenix, Inc., Apollo Group, Inc.. (Woodard, Joshua) (Entered: 01/25/2008)

NOTICE of Deposition of Patricia Reed, filed by University of Phoenix, Inc., Apollo Group, Inc.. (Woodard, Joshua) (Entered: 01/28/2008)

NOTICE of Deposition of Phyllis Stewart, filed by University of Phoenix, Inc., Apollo Group, Inc.. (Woodard, Joshua) (Entered: 01/31/2008)

NOTICE of Deposition of Wayne Foraker, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 02/07/2008)

Notice re of Service of First Supplemental Responses and Objections to Defendant's First Set of Non-Uniform Interrogatories by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 02/11/2008)

Notice re of Service of First Supplemental Responses and Objections to Defendant's Second Set of Request For Production of Documents by Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 02/11/2008)

MOTION to Strike Claims Asserted or, Alternatively, Motion for Declaratory Judgment by University of Phoenix, Inc., Apollo Group, Inc.. (Attachments: # 1 Exhibit A)(Woodard, Joshua) (Entered: 02/11/2008)

Notice re Service of Defendants' Fifth Supplemental Rule 26 Disclosure Statement by University of Phoenix, Inc., Apollo Group, Inc. (Woodard, Joshua) (Entered: 02/15/2008)

Joint MOTION for Extension of Time EEOC TO RESPOND TO DEFENDANTS PLEADING ENTITLED MOTION TO STRIKE CLAIMS ASSERTED OR ALTERNATIVELY MOTION FOR DECLARATORY JUDGMENT (JOINT MOTION) by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Kruse, Katherine) (Entered: 02/21/2008)

ORDER re 83 IT IS ORDERED granting the parties' Stipulation and Joint Motion to Extend the Deadline for EEOC to Respond to Defendants' Pleading entitled Motion to Strike Claims Asserted or Alternatively Motion for Declaratory Judgment. The response deadline is extended from February 29, 2008 to March 7, 2008. Signed by Judge Mary H. Murguia on 02/21/08. (MHM) (Entered: 02/22/2008)

MOTION to Strike Claims Asserted on Behalf of "Class Members' Wesley Jueckstock and Phyllis Stewart or, Alternatively, Motion for Declaratory Judgment by University of Phoenix, Inc., Apollo Group, Inc.. (Attachments: # 1 Exhibits A-F)(Woodard, Joshua) (Entered: 02/26/2008)

RESPONSE in Opposition re 81 MOTION to Strike Claims Asserted or, Alternatively, Motion for Declaratory Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit One)(Kruse, Katherine) (Entered: 03/07/2008)

NOTICE of Appearance by Lucila G Rosas on behalf of Equal Employment Opportunity Commission (Rosas, Lucila) (Entered: 03/07/2008)

NOTICE of Deposition of Shanita Patterson (to be held 3/28/08), filed by University of Phoenix, Inc., Apollo Group, Inc.. (Woodard, Joshua) (Entered: 03/12/2008)

RESPONSE in Opposition re 85 MOTION to Strike Claims Asserted on Behalf of "Class Members' Wesley Jueckstock and Phyllis Stewart or, Alternatively, Motion for Declaratory Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kruse, Katherine) (Entered: 03/12/2008)

Notice re Service of Seventh Supplemental Disclosure Statement by Equal Employment Opportunity Commission (Kruse, Katherine) (Entered: 03/13/2008)

Notice of ERRATA by Equal Employment Opportunity Commission re 86 Response in Opposition to Motion (Kruse, Katherine) Modified on 3/14/2008 INCORRECT DOCUMENT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (Notice) TO (Errata) (REW, ). (Entered: 03/13/2008)

Notice re Service of Expert Disclosure by University of Phoenix, Inc., Apollo Group, Inc. (Foster, Brian) (Entered: 03/14/2008)

REPLY in Support re 81 MOTION to Strike Claims Asserted or, Alternatively, Motion for Declaratory Judgment filed by University of Phoenix, Inc., Apollo Group, Inc.. (Woodard, Joshua) (Entered: 03/17/2008)

Minute Order: The Court ORDERS setting this matter for Telephonic Discovery Dispute Hearing on Tuesday, March 25, 2008 at 3:30 p.m. before Judge Mary H Murguia. Counsel shall facilitate a conference call and contact chambers at 602-322-7580. [This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.] (KSP) (Entered: 03/21/2008)

REPLY in Support re 85 MOTION to Strike Claims Asserted on Behalf of "Class Members' Wesley Jueckstock and Phyllis Stewart or, Alternatively, Motion for Declaratory Judgment filed by University of Phoenix, Inc., Apollo Group, Inc.. (Foster, Brian) (Entered: 03/24/2008)

Minute Entry for proceedings held before Judge Mary H Murguia. Telephonic Appearances: Katherine Kruse for Plaintiff; Patricia Kirtley for potential Intervenor, Darry Thornton; Brian Foster for Defendant. Telephonic discovery dispute hearing held on 3/25/08. Counsel state their positions to the Court. The Court will allow plaintiff to conduct a search as they've described this date. The Court will not require the defendant's to produce all of it in written form. Plaintiff shall conduct a word search via computer that is not limited to the online campus employees, but involves the results of the 2001 cultural survey. Plaintiff's counsel shall provide defense counsel with copies of anything they print out. (Court Reporter Liz Lemke.) (This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)(KFZ) (Entered: 03/26/2008)

NOTICE of Deposition of Shanita Patterson, filed by University of Phoenix, Inc.. (Foster, Brian) (Entered: 03/26/2008)

NOTICE of Deposition of Ryan Magpayo, filed by University of Phoenix, Inc.. (Foster, Brian) (Entered: 03/28/2008)

NOTICE of Deposition of Darlene Jones, filed by University of Phoenix, Inc.. (Foster, Brian) (Entered: 03/28/2008)

NOTICE of Deposition of Phyllis Stewart, filed by University of Phoenix, Inc.. (Foster, Brian) (Entered: 03/28/2008)