Case: EEOC v. INDIANA WESTERN EXPRESS

3:98-cv-00572 | U.S. District Court for the District of Arizona

Filed Date: March 31, 1998

Closed Date: Jan. 26, 2000

Clearinghouse coding complete

Case Summary

The Phoenix District Office of the EEOC brought this action in the U.S. District Court for the District of Arizona, Prescott Division, against Indiana Western Express, Inc. The complaint was filed in March 1998, but we do not have access to that document. In July 1999, after some discovery, Defendant filed a motion for partial summary judgment, but the motion was never ruled on because the parties reached a settlement agreement. In January 2000, the parties settled and the case was dismissed with prejudice. The only document we have for this case is the docket.

Summary Authors

Yin Zheng (5/31/2007)

Documents in the Clearinghouse

Document

3:98-cv-00572

Docket (PACER)

Jan. 26, 2000

Jan. 26, 2000

Docket

Resources

Docket

Last updated July 23, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FILED (MAP) (Entered: 04/01/1998)

March 31, 1998

March 31, 1998

2

STIPULATION that deft will have until 8/31/98 to answer to pla's complaint (former emp) (Entered: 08/12/1998)

Aug. 11, 1998

Aug. 11, 1998

3

ORDER by Judge Earl H. Carroll: granting stipulation; that deft Indiana Western Express has up to 8/31/98 to file an answer to pla's complaint (cc: all counsel) (former emp) (Entered: 08/13/1998)

Aug. 13, 1998

Aug. 13, 1998

4

ANSWER to pla's complaint by dft Indiana Wstrn Exprss (former emp) (Entered: 09/15/1998)

Sept. 14, 1998

Sept. 14, 1998

5

ORDER by Judge Earl H. Carroll: ; prel scheduling conf set for 9:00 3/8/99 (cc: all counsel) (former emp) (Entered: 01/29/1999)

Jan. 29, 1999

Jan. 29, 1999

6

NOTICE by dft Indiana Wstrn Exprss of service of its notice of deposition, request for production of documents, deft's 1st interrogatories to pl and individual class members and request for admissions by personal hand delivery (former emp) (Entered: 02/18/1999)

Feb. 17, 1999

Feb. 17, 1999

7

DEFENDANT'S PROPOSED DISCOVERY PLAN: Dispositive motions 3/31/00 Discovery cutoff 1/28/00 Motion filing ddl is 6/30/00 (former emp) (Entered: 03/01/1999)

Feb. 26, 1999

Feb. 26, 1999

8

ORDER by Judge Earl H. Carroll ; prel scheduling conf re set for 9:00 4/12/99 , ; PTO ddl set for 4/5/99 (cc: all counsel) (former emp) (Entered: 03/02/1999)

March 2, 1999

March 2, 1999

9

NOTICE of service of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 03/09/1999)

March 5, 1999

March 5, 1999

10

NOTICE by pla EEOC of pla EEOC's 1st set of non-uniform interrogatories, 1st request for admissions, and 1st request for production of documents (former emp) (Entered: 03/16/1999)

March 16, 1999

March 16, 1999

11

NOTICE by pla EEOC to court of pla' responses to defts 1st interrogatories to pla EEOC and individual class members; responses to deft's request for admissions and responses to deft's request for production of documents (former emp) (Entered: 03/26/1999)

March 23, 1999

March 23, 1999

12

NOTICE of service of initial disclosure statement pursuant to FRCivP 26(a) by dft Indiana Wstrn Exprss (former emp) (Entered: 03/26/1999)

March 24, 1999

March 24, 1999

17

NOTICE by dft Indiana Wstrn Exprss OF TAKING DEPO OF Sheri Mitchell on the following date(s): 5/17/99; Karron Knight, Sandra M Laughton on 5/18/99; Valerie Jordan, Hannelore Jensen, Berta Escheveste on 5/19/99 (former emp) (Entered: 05/04/1999)

April 3, 1999

April 3, 1999

13

PROPOSED DISCOVERY PLAN: joint pretrial statement 6/30/00 Discovery cutoff 10/29/99 Motion filing ddl is 3/31/00 (former emp) (Entered: 04/07/1999)

April 6, 1999

April 6, 1999

14

MINUTE ENTRY Judge Inits: EHC Crt Rptr: Bridget Brittan Appearances: Patricia Kirley for Plas. Stephanie Quincy for Dft. Prel scheduling conf held. Settlement discussed, order to be filed by the court. [14-2] [cc: chambers] (LCF) (Entered: 04/12/1999)

April 12, 1999

April 12, 1999

15

ORDER by Judge Earl H. Carroll ; Pretrial conference set for 9:00 10/18/99 ; jury trial set for 9:00 10/26/99 , ; discovery ddl set for 7/30/99 ; PTO ddl set for 10/8/99 (cc: all counsel) (former emp) (Entered: 04/13/1999)

April 13, 1999

April 13, 1999

16

NOTICE by dft Indiana Wstrn Exprss of service of deft's responses to pla's discovery requests (former emp) (Entered: 05/03/1999)

April 30, 1999

April 30, 1999

18

NOTICE by pla EEOC OF TAKING DEPO OF Terry Pullins on the following date(s): 6/2/99; Terry O'Hara 6/3/99 (former emp) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

19

NOTICE by dft Indiana Wstrn Exprss OF TAKING DEPO OF Sheri Mitchell on the following date(s): 5/27/99 (former emp) (Entered: 05/05/1999)

May 5, 1999

May 5, 1999

20

NOTICE of service of first supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

21

NOTICE of service of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft Indiana Wstrn Exprss (former emp) (Entered: 05/20/1999)

May 19, 1999

May 19, 1999

24

MOTION for extension of time, until after disclose of discovery, for disclosing expert witnesses and expert witness reports by pla EEOC [24-1] (former emp) (Entered: 05/26/1999)

May 24, 1999

May 24, 1999

22

NOTICE by dft Indiana Wstrn Exprss OF TAKING DEPO OF H Jensen and L Jackson on the following date(s): 6/4/99; B Eschevest on 6/7/99; K Knight and S Laughton on 6/8/99; V Jordan and C Watson on 6/9/99; S Mitchell on 6/11/99 (former emp) (Entered: 05/25/1999)

May 25, 1999

May 25, 1999

23

NOTICE by pla EEOC OF TAKING DEPO OF L Yesmont and D Rushing on the following date(s): 7/7/99; R Murphy on 7/8/99 (former emp) (Entered: 05/25/1999)

May 25, 1999

May 25, 1999

25

NOTICE by dft Indiana Wstrn Exprss OF TAKING VIDEOTAPED DEPO OF Terry Pullins on the following date(s): 6/2/99 (former emp) (Entered: 06/01/1999)

May 27, 1999

May 27, 1999

26

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Persons at Best Western Kings Inn, Terry O'Hara on the following date(s): 6/3/99 (former emp) (Entered: 06/03/1999)

June 1, 1999

June 1, 1999

27

NOTICE of service of pla EEOC's 1st supplemental response to deft's first interrogatories to pla EEOC and individual class members (former emp) (Entered: 06/03/1999)

June 1, 1999

June 1, 1999

28

NOTICE of EEOC's 1st supplemental response to deft's first request for production of documents (former emp) (Entered: 06/03/1999)

June 3, 1999

June 3, 1999

29

NOTICE of service of pla's 2nd supplemental responses to deft's first interrogatories to pla EEOC and individual class members (former emp) (Entered: 06/07/1999)

June 7, 1999

June 7, 1999

30

RESPONSE by dft Indiana Wstrn Exprss to motion for extension of time, until after disclose of discovery, for disclosing expert witnesses and expert witness reports by pla EEOC [24-1] (former emp) (Entered: 06/09/1999)

June 8, 1999

June 8, 1999

31

NOTICE by pla EEOC of withdrawal of counsel, Trisha Kirtley (former emp) (Entered: 06/10/1999)

June 10, 1999

June 10, 1999

32

NOTICE of filing of 2nd supplemental disclosure statement pursuant to FRCivP 26(a) by dft Indiana Wstrn Exprss (former emp) (Entered: 06/17/1999)

June 16, 1999

June 16, 1999

33

NOTICE of compliance of filing 3rd supplemental disclosure statement pursuant to FRCivP 26(a) by dft Indiana Wstrn Exprss (former emp) (Entered: 06/24/1999)

June 23, 1999

June 23, 1999

34

NOTICE of service of discovery requests by dft Indiana Wstrn Exprss (former emp) (Entered: 06/28/1999)

June 25, 1999

June 25, 1999

35

NOTICE by pla EEOC to the court of second set of non-uniform interrogatories, second request for admissions and second request for production of documents (former emp) (Entered: 07/02/1999)

July 2, 1999

July 2, 1999

36

NOTICE by dft Indiana Wstrn Exprss OF TAKING DEPO OF James and Beverly Eyer on the following date(s): 7/22/99 (former emp) (Entered: 07/02/1999)

July 2, 1999

July 2, 1999

37

NOTICE by dft Indiana Wstrn Exprss OF TAKING DEPO OF Sherri Mitchell on 7/19/99, Valerie Jordan on 7/20/99 and Christina Watson on 7/20/99 (former emp) (Entered: 07/07/1999)

July 6, 1999

July 6, 1999

38

NOTICE by pla EEOC OF TAKING DEPO OF Don Rushing and Randy Murphy on the following date(s): 7/21/99; James Eyer and Beverly Eyer on 7/22/99; Lynn Yesmont on 7/23/99 (former emp) (Entered: 07/13/1999)

July 12, 1999

July 12, 1999

39

NOTICE by pla EEOC OF TAKING DEPO OF N Bodine, A Kryger, F Wade on the following date(s): 7/27/99; L Stevens, S Coulter and Richard Colter on 7/28/99 (former emp) (Entered: 07/13/1999)

July 12, 1999

July 12, 1999

40

MOTION to disqualify counsel for deft by pla EEOC [40-1] (former emp) (Entered: 07/16/1999)

July 16, 1999

July 16, 1999

41

MEMORANDUM IN SUPPORT by pla EEOC of motion to disqualify counsel for deft by pla EEOC [40-1] (former emp) (Entered: 07/16/1999)

July 16, 1999

July 16, 1999

43

MOTION for expedited hearing for its motion for stay of discovery by pla EEOC [43-1] (former emp) (Entered: 07/16/1999)

July 16, 1999

July 16, 1999

44

ORDER by Judge Roslyn O. Silver for Judge Earl H Carroll: granting motion for expedited hearing for its motion for stay of discovery by pla EEOC [43-1] setting motion for stay of discovery pending resolution of the motion to disqualify Snell and Wilmer as counsel for deft by pla EEOC [42-1] at 8:30 7/19/99 (cc: all counsel) (former emp) (Entered: 07/19/1999)

July 19, 1999

July 19, 1999

45

Initial RESPONSE by dft Indiana Wstrn Exprss to motion for stay of discovery pending resolution of the motion to disqualify Snell and Wilmer as counsel for deft by pla EEOC [42-1] (former emp) (Entered: 07/20/1999)

July 19, 1999

July 19, 1999

47

SEALED Minute Entry: hearing held on motion for stay an motion to disqualify; motions are taken under advisement [40-1] ; status hearing set for 8:30 7/30/99 ; sealing proceedings ; [47-2] (former emp) (Entered: 07/21/1999)

July 19, 1999

July 19, 1999

46

SEALED Order granting motion for stay of discovery pending resolution of the motion to disqualify Snell and Wilmer as counsel for deft by pla EEOC [42-1]; this matter be STAYED until 7/29/99; Snell and Wilmer shall turn over a copy of the audiotapes in their possession or that of IWX of the 7 depositions taken in this case to Richard Trujillo of Phoenix by 4:00 pm on 7/19/99; Should the EEOC request originals of the audiotapes, Snell and Wil;mer shall produce the originals within 24 hours; the EEOC shall have until 7/23/99 to file any supplemental pleadings or evidence; Snell and Wilmer shall have until 7/28/99 to respond to EEOC's supplemental filing; [24-1] ; status hearing set for 8:30 7/30/99 cc: all cnsl (former emp) (Entered: 07/21/1999)

July 21, 1999

July 21, 1999

48

SEALED Motion for supplemental motion for stay of discovery by pla EEOC [48-1] (former emp) (Entered: 07/26/1999)

July 23, 1999

July 23, 1999

49

NOTICE by dft Indiana Wstrn Exprss OF TAKING DEPO OF Lynn Yesmot and Glenn Lewis on the following date(s): 7/23/99 (former emp) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

50

SEALED Response to motion [48-1] (former emp) (Entered: 07/29/1999)

July 28, 1999

July 28, 1999

51

AFFIDAVIT of Sandra Padegimas re supplemental motion for stay of discovery (former emp) (Entered: 07/29/1999)

July 29, 1999

July 29, 1999

52

NOTICE of filing 4th supplemental disclosure statement pursuant to FRCivP 26(a) by dft Indiana Wstrn Exprss (former emp) (Entered: 07/30/1999)

July 30, 1999

July 30, 1999

53

ATTORNEY APPEARANCE for dft Indiana Wstrn Exprss by Lonnie J Williams Jr (former emp) (Entered: 08/02/1999)

July 30, 1999

July 30, 1999

54

MOTION for partial summary judgment on deft's affirmative defenses by pla EEOC [54-1] (former emp) (Entered: 08/02/1999)

July 30, 1999

July 30, 1999

55

STATEMENT OF FACTS by pla EEOC in support of motion for partial summary judgment on deft's affirmative defenses by pla EEOC [54-1] (former emp) (Entered: 08/02/1999)

July 30, 1999

July 30, 1999

56

MEMORANDUM IN SUPPORT by pla EEOC of motion for partial summary judgment on deft's affirmative defenses by pla EEOC [54-1] (former emp) (Entered: 08/02/1999)

July 30, 1999

July 30, 1999

59

MOTION to extend discovery cutoff date until 9/30/99 by pla EEOC [59-1] (former emp) (Entered: 08/03/1999)

July 30, 1999

July 30, 1999

57

NOTICE of service of 2nd supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 08/02/1999)

Aug. 2, 1999

Aug. 2, 1999

58

NOTICE of filing of orginal signed AFFIDAVIT of Hannelore Jensen (former emp) (Entered: 08/02/1999)

Aug. 2, 1999

Aug. 2, 1999

60

NOTICE by pla EEOC of pla EEOC's responses to deft's second request for production of documents and deft's second set of interrogatories (former emp) (Entered: 08/17/1999)

Aug. 17, 1999

Aug. 17, 1999

61

NOTICE by pla EEOC of second supplemental response to deft's first interrogatories to pla EEOC and individual class members (former emp) (Entered: 08/17/1999)

Aug. 17, 1999

Aug. 17, 1999

62

NOTICE by dft Indiana Wstrn Exprss of service of responses to pla's discovery requests (former emp) (Entered: 08/18/1999)

Aug. 18, 1999

Aug. 18, 1999

63

STIPULATED joint motion to extend certain pretrial and trial dates by dft Indiana Wstrn Exprss (former emp) (Entered: 08/25/1999)

Aug. 24, 1999

Aug. 24, 1999

64

STIPULATION by the parties that the Court may allow deft to have until 9/17/99 to respond to EEOC's motion for summary judgment on affirmative defenses (former emp) (Entered: 09/07/1999)

Sept. 2, 1999

Sept. 2, 1999

65

SEALED Stipulation re Court order 7/30/99 [65-1] (former emp) (Entered: 09/09/1999)

Sept. 8, 1999

Sept. 8, 1999

66

SEALED Court order granting motion 7/30/99 [65-1] (former emp) (Entered: 09/17/1999)

Sept. 17, 1999

Sept. 17, 1999

67

RESPONSE by dft Indiana Wstrn Exprss to motion for partial summary judgment on deft's affirmative defenses by pla EEOC [54-1] (former emp) (Entered: 09/23/1999)

Sept. 22, 1999

Sept. 22, 1999

68

CONTROVERTING STATEMENT OF FACTS by dft Indiana Wstrn Exprss re motion pla's motion for summary judgment (former emp) (Entered: 09/23/1999)

Sept. 22, 1999

Sept. 22, 1999

69

MOTION to exceed the page limitation on its response to EEOC's motion for summary judgment on deft's affirmative defenses (document not attached) by dft Indiana Wstrn Exprss [69-1] (former emp) (Entered: 09/23/1999)

Sept. 23, 1999

Sept. 23, 1999

70

STIPULATION by all parties that the pla will have to 10/21/99 to reply to dft's response to pla's motion for partial summary judgment (former emp) (Entered: 10/07/1999)

Oct. 6, 1999

Oct. 6, 1999

71

ORDER by Judge Earl H. Carroll: granting stipulation; that pla EEOC has up to 10/21/99 to reply to deft's response to pla EEOC's motion for partial summary judgment (cc: all counsel) (former emp) (Entered: 10/07/1999)

Oct. 7, 1999

Oct. 7, 1999

73

ORDER by Judge Earl H. Carroll: denying as moot motion for supplemental motion for stay of discovery by pla EEOC [48-1]; denying as moot motion to extend discovery cutoff date until 9/30/99 by pla EEOC [59-1]; denying motion to disqualify counsel for deft by pla EEOC [40-1]; granting stipulation joint motion to extend certain pretrial and trial dates; vacating jury trial on 10/26/99 and scheduling jury trial for 3/7/00; Pretrial conference set for 9:00 on 2/21/00; ; discovery ddl set for 11/30/99 ; PTO ddl set for 2/14/00 (cc: all counsel) (former emp) (Entered: 10/19/1999)

Oct. 19, 1999

Oct. 19, 1999

74

STIPULATION by all parties that pla will have up to 10/28/99 to reply to deft's response to pla's motion for partial summary judgment (former emp) (Entered: 10/20/1999)

Oct. 19, 1999

Oct. 19, 1999

75

ORDER by Judge Earl H. Carroll: granting stipulation; pla has until 10/28/99 to reply to deft's response to pla's motion for partial summary judgment (cc: all counsel) (former emp) (Entered: 10/22/1999)

Oct. 22, 1999

Oct. 22, 1999

76

NOTICE by pla EEOC OF TAKING DEPO OF Randy Murphy on the following date(s): 11/15/99; Don Rushing & Lynn Yesmont on 11/16/99 (former emp) (Entered: 10/25/1999)

Oct. 25, 1999

Oct. 25, 1999

77

NOTICE by pla EEOC OF TAKING DEPO OF Norm Bodine, Adam Kryger, Flor Wade on the following date(s): 11/18/99; Lewis Stevens, Steve Coulter, Richard Coulter 11/19/99 (former emp) (Entered: 10/25/1999)

Oct. 25, 1999

Oct. 25, 1999

78

NOTICE by pla EEOC OF TAKING DEPO OF James Eyer on the following date(s): 11/20/99 (former emp) (Entered: 10/25/1999)

Oct. 25, 1999

Oct. 25, 1999

79

MOTION to compel records relating to class members' claims for lost wages and emotional distress and documents used by the EEOC to solicit class members by dft Indiana Wstrn Exprss [79-1] (former emp) (Entered: 10/26/1999)

Oct. 25, 1999

Oct. 25, 1999

80

Notice of filing 5th SUPPLEMENTAL disclosure statement by dft Indiana Wstrn Exprss (former emp) (Entered: 10/27/1999)

Oct. 26, 1999

Oct. 26, 1999

81

MOTION to exceed the page limit on their reply to response to motion for partial sum jgm by pla [81-1] (lodged reply at docket clerk's desk) (DMT) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

82

MOTION for partial summary judgment on punitive damages issue and on untimely claims of certain class members by dft Indiana Wstrn Exprss [82-1] (former emp) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

83

STATEMENT OF FACTS by dft Indiana Wstrn Exprss in support of motion for partial summary judgment on punitive damages issue and on untimely claims of certain class members by dft Indiana Wstrn Exprss [82-1] (former emp) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

84

ORDER by Judge Stephen M. McNamee Case reassigned to Judge H R. Holland (with notice sent) , ; pretrial conference vacated , ; status hearing vacated ; pleadings and papers filed in these actions should bear the case number CV 98-571 PCT-EHC (HRH) (cc: all counsel/SMM/EHC/HRH) (former emp) (Entered: 01/03/2000)

Jan. 3, 2000

Jan. 3, 2000

85

STIPULATION by all parties to dismiss this case with prejudice (former emp) (Entered: 01/10/2000)

Jan. 6, 2000

Jan. 6, 2000

86

NOTICE by pla EEOC of settlement agreement with defts (former emp) (Entered: 01/10/2000)

Jan. 6, 2000

Jan. 6, 2000

87

ORDER by Judge H R. Holland: granting stipulation; parties abide by the terms of the attached settlement agreement; Court shall retain jurisdiction over this action until payment of all monies agreed to and completion of the training program and notice period called for in the settlement agreement; this action is dismissed with prejudice, each party to bear its own attorneys' fees incurred in this action denying; all pending motions are denied motion for partial summary judgment on punitive damages issue and on untimely claims of certain class members by dft Indiana Wstrn Exprss [82-1], denying motion to exceed the page limit on their reply to response to motion for partial sum jgm by pla [81-1] denying motion to compel records relating to class members' claims for lost wages and emotional distress and documents used by the EEOC to solicit class members by dft Indiana Wstrn Exprss [79-1], denying motion to exceed the page limitation on its response to EEOC's motion for summary judgment on dft's affirmative defenses by dft Indiana Wstrn Exprss [69-1], denying motion for partial summary judgment on dft's affirmative defenses by pla EEOC [54-1]; to dismiss case (cc: all counsel) (former emp) (Entered: 01/26/2000)

Jan. 26, 2000

Jan. 26, 2000

Case Details

State / Territory: Arizona

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: March 31, 1998

Closing Date: Jan. 26, 2000

Case Ongoing: No

Plaintiffs

Plaintiff Description:

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

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Indiana Western Express, Inc., Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Provide antidiscrimination training

Issues

General:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits