Case: EEOC v. Arizona Sunset Care

EEOC v. Arizona Sunset Care, et al

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (MAP) (Entered: 12/11/1999)

ORDER by Judge Paul G. Rosenblatt scheduling conf set for 1:30 6/12/00, before Judge Paul G. Rosenblatt (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/15/1999)

RETURN OF SERVICE EXECUTED of summons/complaint upon dft Arizona Sunset Care on 12/22/99 (former emp) (Entered: 12/28/1999)

ANSWER by dft Arizona Sunset Care; jury demand (former emp) (Entered: 02/03/2000)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 04/26/2000)

MINUTE ORDER The Court has recently learned it is necessary to vacate the Monday, June 12,2000, law and motion calendar. Therefore, the scheduling conference set in this matter for June 12, 2000 at 1:30 is hereby vacated, to be reset for Monday, June 26, 2000 at 1:30 p.m. (cc: all counsel) [6-2] (TCA) (Entered: 05/02/2000)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Arizona Sunset Care (former emp) (Entered: 05/23/2000)

MOTION (REQUEST) for a Rule 16 settlement conference by pla EEOC [8-1] (LAD) (Entered: 06/02/2000)

NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 06/14/2000)

Proposed Case management plan signed by pla (former emp) (Entered: 06/14/2000)

MINUTE ENTRY before Judge Paul G. Rosenblatt Crt Rptr: Bill McNutt Appearances: Sally Shanley for pla, Brownell Boothe and Bruce Smith for dft A scheduling conference was held. The Court will enter its scheduling order. [11-2] (TCA) (Entered: 06/27/2000)

ORDER by Judge Paul G. Rosenblatt ; discovery ddl set for 11/30/00 ; dispositive motions due 2/5/01 ; PTO ddl set for 2/26/01 ; Pretrial conference set for 3:30 3/19/01 (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 06/28/2000)

NOTICE of service of discovery by dft Arizona Sunset Care . (former emp) (Entered: 07/18/2000)

NOTICE of compliance of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft Arizona Sunset Care (former emp) (Entered: 09/05/2000)

NOTICE of service of discovery by dft Arizona Sunset Care . (former emp) (Entered: 09/05/2000)

NOTICE of service of first supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 09/05/2000)

NOTICE by pla EEOC OF 30(b)(6) TAKING DEPO OF of the person designated by dft with knowledge regarding the answer to plas complaint and interrogatories on the following date(s): 10/25/00 (former emp) (Entered: 10/17/2000)

NOTICE by pla EEOC OF TAKING DEPO OF Kelly Webb on the following date(s): 10/26/00 (former emp) (Entered: 10/17/2000)

NOTICE by pla EEOC OF TAKING DEPO OF Robert Sumner on the following date(s): 10/25/00 (former emp) (Entered: 10/17/2000)

NOTICE by pla EEOC OF TAKING DEPO OF Adele Sumner on the following date(s): 10/25/00 (former emp) (Entered: 10/17/2000)

NOTICE of service of first set of non-uniform interrogatories and first request for production of documents by pla EEOC . (former emp) (Entered: 10/20/2000)

AMENDED NOTICE by pla EEOC OF TAKING DEPO purs to 30(b)(6) OF person designated by the dft Arizona Sunset Care on the following date(s): 11/2/00 (former emp) (Entered: 10/24/2000)

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Adele Sumner on the following date(s): 11/2/00 (former emp) (Entered: 10/24/2000)

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Kelly Webb on the following date(s): 11/3/00 (former emp) (Entered: 10/24/2000)

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Robert Sumner on the following date(s): 11/2/00 (former emp) (Entered: 10/24/2000)

NOTICE of compliance of third supplemental disclosure statement pursuant to FRCivP 26(a) by dft Arizona Sunset Care (former emp) (Entered: 11/02/2000)

SECOND AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Adele Sumner on the following date(s): 11/14/00 (former emp) (Entered: 11/08/2000)

SECOND AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Robert Sumner on the following date(s): 11/14/00 (former emp) (Entered: 11/08/2000)

SECOND AMENDED NOTICE of 30(b)(6) by pla EEOC OF TAKING DEPO OF Sunset Care or their designee on the following date(s): 11/14/00 (former emp) (Entered: 11/09/2000)

MOTION to extend discovery completion date by dft Arizona Sunset Care [30-1] (former emp) (Entered: 11/14/2000)

ORDER by Judge Paul G. Rosenblatt granting motion to extend discovery completion date by dft Arizona Sunset Care [30-1] for 36 days until 1/5/01 (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/14/2000)

NOTICE by pla EEOC OF TAKING DEPO OF Custodian of Records of Campania Management Company on the following date(s): 11/30/00 (former emp) (Entered: 11/17/2000)

NOTICE of service of third supplemental disclosure statement pursuant to FRCivP 26(a) by dft Arizona Sunset Care (former emp) (Entered: 11/22/2000)

Third Amended NOTICE by pla EEOC OF TAKING DEPO OF person designated by dft AZ Suset Care with knowledge regarding the answers to plas complaint and interrogatories, financial information and status of the business on the following date(s): 12/18/00 (former emp) (Entered: 12/07/2000)

Third Amended NOTICE by pla EEOC OF TAKING DEPO OF Robert Sumner on the following date(s): 12/18/00 (former emp) (Entered: 12/07/2000)

NOTICE of service of dfts fourth supplemental disclosure statement pursuant to FRCivP 26(a) by dft Arizona Sunset Care (former emp) (Entered: 12/08/2000)

MINUTE ORDER: Pending before the Court is plaintiff's request for a Rule 16 settlement conference (doc. #8). It appearing from the Joint Case Management Report that defendant does not believe settlement to be likely at this time, IT IS HEREBY ORDERED that plaintiff's request is dismissed without prejudice, to be reurged at such time when settlement prospects improve. (cc: all counsel) [37-1] (TCA) (Entered: 12/11/2000)

ORDER by Judge Stephen M. McNamee Case reassigned to Judge Thomas S. Zilly; FURTHER ORDERED any scheduled hearing, conference, or trial in these actions are vacated; FURTHER ORDERED all further pleadings and papers should bear the completed case number CIV 00-2126 PCT PGR (TSZ), (cc: all counsel/PGR/TSZ) (former emp) Modified on 01/18/2001 (ADI-ICMS, ). (Entered: 01/18/2001)

MOTION to join Arizona Sunrise Home Care, Inc. as a dft by pla EEOC [39-1] (former emp) (Entered: 02/06/2001)

RETURN OF SERVICE of pla motion to join Arizona Sunrise Home Cre, Inc as a dft upon dft Arizona Sunset Care, Inc (CMM) (Entered: 02/14/2001)

PROCEDURAL ORDER by Judge Thomas S. Zilly (cc: all counsel,tsz) re: order [41-1] (CMM) (ADI-ICMS, ). (Entered: 02/14/2001)

ORDER by Judge Thomas S. Zilly that case is appropriate for mediation; mediator to be selected by the cutoff date for completion of discovery; mediation shall be completed by 9/1/01 (cc: all counsel,tsz) re: order [42-1] (CMM) (ADI-ICMS, ). (Entered: 02/14/2001)

MOTION to extend ddl for filing pretrial order until 30 days after the Court rules on the mtn to add a new dfts or the mediation by dft Arizona Sunset Care [43-1] (former emp) (Entered: 02/20/2001)

RESPONSE by dft Arizona Sunset Care to motion to join Arizona Sunrise Home Care, Inc. as a dft by pla EEOC [39-1] (former emp) (Entered: 02/27/2001)

MOTION withdraw of counsel by dft Arizona Sunset Care [45-1] by counsel Brownell K. Boothe, Bruce C Smith (address of dft not given) (former emp) (Entered: 03/01/2001)

RETURN OF SERVICE of by pla EEOC personal upon Michael Margrave for dft AZ Sunset Care re: mtn to join AZ Sunrise Home Care as a dft (former emp) (Entered: 03/13/2001)

NOTICE by pla EEOC of service of Rule 25 Mtn to join on AZ Sunrise Home Care Inc., on 3/7/01 (former emp) (Entered: 03/14/2001)

RESPONSE by dft Arizona Sunset Care to motion to join Arizona Sunrise Home Care, Inc. as a dft by pla EEOC [39-1] (former emp) (Entered: 03/30/2001)

REPLY by pla EEOC to response to motion to join Arizona Sunrise Home Care, Inc. as a dft by pla EEOC [39-1] (former emp) (Entered: 04/05/2001)

AMENDED EX PARTE MOTION for permission to withdraw of counsel by dft Arizona Sunset Care [50-1] (address of dft not provided) (former emp) (Entered: 05/21/2001)

MOTION for a Rule 16 settlement conference by pla EEOC [51-1] (former emp) (Entered: 06/20/2001)

ORDER by Judge Thomas S. Zilly granting motion for permission to withdraw of counsel by dft Arizona Sunset Care [50-1] (address of dft not provided); attorney Brownell K Boothe and attorney Bruce C Smith terminated for Arizona Sunset Care (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 06/20/2001)

MOTION for hearing; Status Conference by pla EEOC [53-1] (KMG) (Entered: 07/06/2001)

MINUTE ORDER granting motion for hearing; Status Conference by pla EEOC [53-1]; the Court will hold a telephonic status conference on 9/6/01 at 1:00 p.m.; FURTHER ORDERED the mediation requirement is continued until 30 days from the entry of a ruling on the mtn to join an additional dft (doc no 39) FURTHER ORDERED the PTO ddl is reset for 10/9/01 ; (cc: all counsel) [54-2] (former emp) (ADI-ICMS, ). (Entered: 08/14/2001)

ORDER by Judge Thomas S. Zilly granting motion to join Arizona Sunrise Home Care, Inc. as a dft by pla EEOC [39-1]; FURTHER ORDERED that the complaint in this case shall be deemed Amended to name Arizona Sunrise Home Care as a dft (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 09/05/2001)

MINUTE ENTRY before Judge Thomas S. Zilly Telephone conference held; The Court grants the request of counsel to appoint a Magistrate Judge for settlement conference (Magistrate Judge Virginia Mathis is drawn for settlement conference); Jury Trial date is set 3/4/02; PTO ddl set for 2/8/0; telephonic conference is set for 4:00 2/20/02 Seattle time ] [57-3] (former emp) (ADI-ICMS, ). (Entered: 09/25/2001)

MINUTE ORDER that Magistrate Judge Verkamp is appointed to act as settlement judge in this matter; ptys shall complete mediation before magistrate Verkamp by 11/15/01 (cc: all counsel/Judge Zilly/SLV) [56-1] re: order (minute) [56-1] (former emp) (ADI-ICMS, ). (Entered: 09/18/2001)

ORDER by Mag Judge Virginia A. Mathis ; settlement conference set for 9:30 10/30/01, before Mag Judge Virginia A. Mathis (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/01/2001)

ORDER by Mag Judge Stephen L. Verkamp ; settlement conference set for 10:00 11/27/01, before Mag Judge Stephen L. Verkamp (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/03/2001)

ORDER by Mag Judge Virginia A. Mathis vacating this Court's Order filed 9/28/01 [58-1] setting a settlement conferene before this Court; FURTHER ORDERED a settlement conference has been set before Magistrate Judge Verkamp on 11/27/01 in Flagstaff Arizona (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 10/03/2001)

STIPULATION to continue settlement conference by pla, dfts (former emp) Modified on 11/14/2001 (Entered: 11/13/2001)

ORDER by Mag Judge Stephen L. Verkamp granting stipulation to continue settlement conference by pla, dfts ; settlement conference set for 10:00 12/11/01, before Mag Judge Stephen L. Verkamp (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/13/2001)

ORDER by Mag Judge Stephen L. Verkamp granting stipulation to continue settlement conference by pla, dfts ; settlement conference set for 10:00 12/11/01, before Mag Judge Stephen L. Verkamp (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 11/30/2001)

ORDER by Mag Judge Stephen L. Verkamp ; settlement conference set for 10:00 1/22/02, before Mag Judge Stephen L. Verkamp in the United States District Court (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 12/27/2001)

MOTION of Brownell K. Boothe to withdraw as counsel by dft Arizona Sunrise Home [66-1], for a continuance of 90 days of all proceedings to seek new counsel by dft Arizona Sunrise Home [66-2] (address not provided for dft in pleading) (former emp) (Entered: 02/01/2002)

ORDER by Mag Judge Stephen L. Verkamp ; settlement conference held; settlement was not reached (cc: all counsel) (former emp) (ADI-ICMS, ). (Entered: 01/31/2002)

RETURNED MAIL addressed to: Arizona Sunset Care re ; [65-1] 'forwarding expired' resent to address on envelope this date (former emp) (Entered: 02/11/2002)

NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 02/11/2002)

MINUTE ORDER granting motion of Brownell K. Boothe to withdraw as counsel by dft Arizona Sunrise Home [66-1], granting motion for a continuance of 90 days of all proceedings to seek new counsel by dft Arizona Sunrise Home [66-2] FURTHER ORDERED the Court strikes the trial date and all related pre-trial ddls; FURTHER ORDERED telephonic status hearing set for 9:30 2/22/02, Pacific Standard Time; FURTHER ORDERED the Clerk is directed to send a copy of this Minute Order to all counsel of record and to Judge Zilly (cc: all counsel/Judge Zilly) [69-4] (former emp) (ADI-ICMS, ). (Entered: 02/11/2002)

RETURNED MAIL addressed to: Arizona Sunset Care re [69-1] 'forward expired' (former emp) (Entered: 02/21/2002)

RETURNED MAIL addressed to: AZ Sunset Care re [65-1] 'forwarding expired' (former emp) (Entered: 02/21/2002)

MINUTE ENTRY before Judge Thomas S. Zilly . . telephonic status hearing held; Ms Sumner advises the court she has not retained an attorney telephonic status hearing is set for 11:00 4/5/02 Seattle time [cc: all counsel/Ms Sumner] (former emp) Modified on 03/05/2002 (ADI-ICMS, ). (Entered: 03/05/2002)

REMARK as to Arizona Sunset Care re returned mail [70-1] resent this date (former emp) (Entered: 02/22/2002)

REMARK as to Arizona Sunset Care re returned mail [70-1] resent this date (former emp)

REMARK as to Arizona Sunset Care re returned mail [71-1] resent to dft at new address (former emp) (Entered: 02/26/2002)

REMARK as to Arizona Sunset Care re returned mail [71-1] resent to dft at new address (former emp)

RETURNED MAIL addressed to: Ms. Sumner re [72-1] 'left no forward' (830 South Main, Cottonwood, AZ. 86326) (former emp) (Entered: 03/19/2002)

MINUTE ENTRY before Judge Thomas S. Zilly that the parties advise the Court that Arizona Sunset has filed bankruptcy; the Court directs bankruptcy counsel to fax the Court and Ms. Shanley the pleading of bankruptcy filing; Upon review of the pleading, the Court will enter a stay of the case; EEOC may file a mtn to lift the stay, if appropriate; that within 90 days of the bankruptcy filing, the EEOC shall advise the Court whether they are proceeding with this action (cc: all counsel) [74-1] re: minute entry [74-1] (former emp) Modified on 04/15/2002 (ADI-ICMS, ). (Entered: 04/15/2002)

MINUTE ORDER purs to 11:362 this matter is stayed subject to further order of the Court; the Parties are directed to file status reports every 6 months or promptly upon the conclusion of the bankruptcy proceedings; The Clerk is directed to send a coy of this Minute Order to all counsel of record and to Judge Zilly; stay deadline set for 9/4/02, case stayed as to all parties (cc: all counsel; Judge Zilly) [75-4] (former emp) (ADI-ICMS, ). (Entered: 05/07/2002)

RETURNED MAIL addressed to: Arizona Sunrise Home re [75-1] 'unable to forward' (resent mail to correct address on 5/14/02) (former emp) (Entered: 05/14/2002)

RETURNED MAIL addressed to: Arizona Sunset Care re order (minute) [75-4] 'unable to forward' (resent on 5/14/02 to new address) (former emp) (Entered: 05/14/2002)

REMARK as to Arizona Sunset Care re order (minute) [75-4]: remailed this date to Arizona Sunset Care, c/o Adele Sumner, PO Box 1060, Cornville AZ 86325-1060. Address is correct per telecon with Mr Sumner this date. (APJ) (Entered: 07/22/2002)

REMARK as to Arizona Sunset Care re order (minute) [75-4]: remailed this date to Arizona Sunset Care, c/o Adele Sumner, PO Box 1060, Cornville AZ 86325-1060. Address is correct per telecon with Mr Sumner this date. (APJ)

NOTICE/MOTION Notice of Status and MOTION to Lift Stay and Allow this Action to Continue by pla EEOC [78-1] (KMG) (Entered: 04/04/2003)

MINUTE ORDER that the motion Notice of Status and MOTION to Lift Stay and Allow this Action to Continue by pla EEOC [78-1], is noted for consideration on the Court's motion calendar for 5/2/03 (cc: all counsel/TSZ) [79-1] (MAP) (ADI-ICMS, ). (Entered: 04/17/2003)

MINUTE ORDER granting motion Notice of Status and MOTION to Lift Stay and Allow this Action to Continue by pla EEOC [78-1] stay lifted (cc: all counsel, Judge Zilly) [80-2] (LSP) (ADI-ICMS, ). (Entered: 09/23/2003)

MINUTE ORDER ;telephone status conference set for 2:30 10/10/03 Clerk is directed to send a copy to all counsel and to Judge Zilly (cc: all counsel) [81-2] (LSP) (ADI-ICMS, ). (Entered: 10/07/2003)

ORDER by Judge Thomas S. Zilly vacating [80-2] order (minute) of 9/17/03 lifting stay,, case stayed as to Arizona Sunset's bankruptcy filing Parties are dorected to file status reports every 6 months or promptly upon the conclusion of the bankruptcy proceedigns. (cc: all counsel) (LSP) (ADI-ICMS, ). (Entered: 10/21/2003)

MINUTE ORDER that the parties show cause w/in 30 days of the date of this Order why this case should not be dismissed for failure to file a status report... order to show cause ddl set for 5/9/05 (cc: all counsel/Zilly) [83-2] (MAP) (ADI-ICMS, ). (Entered: 04/06/2005)

MOTION to dismiss case by pla EEOC [84-1] (LSP) (Entered: 05/02/2005)

ORDER by Judge Thomas S. Zilly granting motion to dismiss case by pla EEOC [84-1] and dismissing case with prejudice, each party to bear its own costs and attorney's fees. (cc: all counsel) (KCS) (ADI-ICMS, ). (Entered: 05/10/2005)

JUDGMENT: that pursuant to the Court's order dated May 10, 2005 granting plaintiff's motion to dismiss, judgment is entered in favor of plaintiff. This cause is dismissed with prejudice, each party to bear its own costs and attorney's fees. (cc: all counsel) re: judgment [86-1] (KCS) (ADI-ICMS, ). (Entered: 05/10/2005)