Case: Dehart v. Stevens-Henager College

Dehart v. Stevens-Henager

U.S. Court of Appeals for the Tenth Circuit

Dehart v. Stevens-Henager

U.S. Court of Appeals for the Tenth Circuit

DeHart v. Stevens-Henager College

DeHart v. Stevens-Henager College

DeHart v. Stevens-Henager College

DeHart v. Stevens-Henager College

DeHart v. Stevens-Henager College

DeHart v. Stevens-Henager College

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT against Stevens-Henager College (Filing fee $ 250, receipt number 4681006482), filed by Rebecca Leigh Dehart.Assigned to Judge Paul G. Cassell (rlr, ) (Entered: 09/22/2005)

MOTION to Compel Arbitration, MOTION to Stay Proceedings filed by Defendant Stevens-Henager College. (asp, ) (Entered: 11/01/2005)

MEMORANDUM in Support re 2 MOTION to Compel Arbitration MOTION to Stay filed by Defendant Stevens-Henager College. (asp, ) (Entered: 11/01/2005)

DECLARATION of Vicky Dewsnup re 2 MOTION to Compel Arbitration MOTION to Stay filed by Stevens-Henager College. (asp, ) (Entered: 11/01/2005)

MEMORANDUM in Opposition re 2 MOTION to Compel Arbitration MOTION to Stay filed by Plaintiff Rebecca Leigh Dehart. (kvs, ) (Entered: 11/14/2005)

REPLY to Response to Motion re 2 MOTION to Compel Arbitration MOTION to Stay Proceedings and Request for Oral Argument filed by Defendant Stevens-Henager College. (Mansfield, Robert) (Entered: 11/22/2005)

MOTION for Extension of Time to File Answer re 1 Complaint filed by Defendant Stevens-Henager College. (Originally filed in 1:05cv122) (blk, ) (Entered: 12/06/2005)

MOTION to Consolidate Cases 1:05-cv-00118-PGC and 1:05-cv-00122-DAK filed by Equal Employment Opportunity Commission. (asp, ) (Entered: 12/02/2005)

Judge Paul G. Cassell added. Judge Dale A. Kimball no longer assigned to case. (asp, ) (Entered: 12/02/2005)

ORDER denying 2 Motion to Compel, denying 2 Motion to Stay . Signed by Judge Paul G. Cassell on 12/2/05. (asp, ) (Entered: 12/02/2005)

ORDER granting 8 Motion to Consolidate Cases . Signed by Judge Paul G. Cassell on 12/2/05. (asp, ) (Entered: 12/02/2005)

ORDER granting 10 Motion for Extension of Time to Answer Answer deadline updated for Stevens-Henager College answer due 12/7/2005. . Signed by Judge Dale A. Kimball on 12/1/05. (blk, ) (Entered: 12/06/2005)

Modification of Docket: Error: Docketed #7 in wrong case. Correction: Docketed #7 in new lead case 1:05cv118. re 7 MOTION for Extension of Time to File Answer re 1 Complaint. (blk, ) (Entered: 12/06/2005)

ANSWER to Complaint filed by Stevens-Henager College.(Caruso, Gabrielle) (Entered: 12/07/2005)

NOTICE of Change of Address by Erika Birch, April L. Hollingsworth, Erik Strindberg, Ralph E. Chamness, Lauren I. Scholnick (asp, ) (Entered: 12/09/2005)

NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by chambers)***The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date. The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report and (b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 30 days before the scheduled hearing.*** Initial Pretrial Conference set for 1/25/2006 02:30 PM in Room 477 before Magistrate Judge David Nuffer. (asp, ) (Entered: 12/12/2005)

NOTICE REMINDER of Attorneys' Planning Meeting Report due five days from receipt of this notice re 14 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by chambers)***The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date. The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report and (b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 30 days before the scheduled hearing.*** Initial Pretrial Conference set for 1/25/2006 02:30 PM in Room 477 before Magistrate Judge David Nuffer. (asp, ) (tsh, ) (Entered: 01/12/2006)

REPORT OF ATTORNEY PLANNING MEETING. (Mansfield, Robert) (Entered: 01/20/2006)

SCHEDULING ORDER: Initial Pretrial Conference vacated. Amended Pleadings due by 3/31/2006. Joinder of Parties due by 3/31/2006. Discovery due by 9/29/2006. Motions due by 10/31/2006. Final Pretrial Conference set for 3/14/2007 03:00 PM in Room 103 before Judge Paul G. Cassell. 5 day Jury Trial set for 3/26/2007 08:30 AM in Room 103 before Judge Paul G. Cassell. Signed by Judge David Nuffer on 1/21/06. (asp, ) (Entered: 01/23/2006)

ORDER REFERRING CASE to Magistrate Judge Samuel Alba under 28:636 (b)(1) for Settlement. Magistrate to conduct a settlement conference by February 9, 2007. Counsel shall, by January 5, 2007, jointly contact the Magistrate to schedule the settlement conference.Signed by Judge Paul G. Cassell on 1/23/2006. (yre) (Entered: 01/23/2006)

CERTIFICATE of Counsel for Initial Rule 26(a)(1) Disclosure Statement by Sandra J. Padegimas for Consol Plaintiff Equal Employment Opportunity Commission (Padegimas, Sandra) (Entered: 01/26/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College of Rule 26(a)(3) Initial Disclosures (Mansfield, Robert) (Entered: 01/31/2006)

CERTIFICATE OF SERVICE by Rebecca Leigh Dehart re: initial disclosures(asp, ) (Entered: 02/02/2006)

MOTION to Withdraw as Attorney for Plaintiff EEOC filed by Consol Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Smith, C.) (Entered: 03/28/2006)

ORDER granting 22 Motion to Withdraw as Attorney. Attorney C. Emanuel Smith withdrawn from case . Signed by Judge Paul G. Cassell on 3/29/06. (kla, ) (Entered: 03/30/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College re 1st set of Interrogatories (Caruso, Gabrielle) (Entered: 05/02/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College Nelson 1st set of interrogatories (Caruso, Gabrielle) (Entered: 05/02/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College EEOC 1st set of interrogatories (Caruso, Gabrielle) (Entered: 05/02/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College Morris 1st set of interrogatories (Caruso, Gabrielle) (Entered: 05/02/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College DeHart 1st set of interrogatories (Caruso, Gabrielle) (Entered: 05/02/2006)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Service of Discovery Requests to Defendant (Padegimas, Sandra) (Entered: 06/06/2006)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission Service of Discovery Responses to Defendant (Padegimas, Sandra) (Entered: 06/06/2006)

NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Sally C. Shanley, for Consol Plaintiff Equal Employment Opportunity Commission. (kla, ) (Entered: 06/07/2006)

MOTION/ORDER granting motion for Admission Pro Hac Vice for of Sally C. Shanley for Equal Employment Opportunity Commission.Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Paul G. Cassell on 6/20/06. (kla, ) (Entered: 06/20/2006)

CERTIFICATE OF SERVICE by Rebecca Leigh Dehart re 28 Certificate of Service of Plaintiff's Answers to Defendant's First Set of Interrogatories and Request for Production of Documents (Chamness, Ralph) (Entered: 06/30/2006)

CERTIFICATE OF SERVICE of discovery documents by Rebecca Leigh Dehart (blk, ) (Entered: 07/05/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College Defendant's Responses to Plaintiff's EEOC's First Set of Requests for Admission (Caruso, Gabrielle) (Entered: 07/03/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College Defendant's Responses to Plaintiff Rebecca DeHart's First Set of Written Discovery (Caruso, Gabrielle) (Entered: 07/07/2006)

DESIGNATION OF EXPERTS Kelly Johnson, CPA Defendant's Disclosure of Expert Witness filed by Defendant Stevens-Henager College.(Caruso, Gabrielle) (Entered: 07/10/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College to EEOC's First Request for Production of Documents and Interrogatories (Mansfield, Robert) (Entered: 07/14/2006)

Ex Parte (Not Sealed) MOTION to Withdraw as Attorney filed by Plaintiff Rebecca Leigh Dehart. (Attachments: # 1 # 2)(Birch, Erika) (Entered: 08/02/2006)

MOTION for Protective Order Regarding Confidential Information filed by Defendant Stevens-Henager College. (Attachments: # 1)(Caruso, Gabrielle) (Entered: 08/03/2006)

NOTICE OF DEFICIENCY re 40 MOTION for Protective Order Regarding Confidential Information. The document states that Exhibit 1 is the Proposed Protective Order. The document attached as Exhibit 1 is the Motion for Proposed Protective Order. The motion has been terminated. The court asks the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (kla, ) (Entered: 08/07/2006)

ORDER granting 39 Motion to Withdraw as Attorney. Attorney Ralph E. Chamness withdrawn from case for Rebecca Leigh Dehart. Signed by Judge Paul G. Cassell on 8/2/06.(kla, ) (Entered: 08/07/2006)

MOTION for Protective Order Regarding Confidential Information filed by Defendant Stevens-Henager College. (Attachments: # 1 Text of Proposed Order)(Caruso, Gabrielle) (Entered: 08/08/2006)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission for First Supplemental Rule 26(a)(1) Disclosure Statement (Padegimas, Sandra) (Entered: 08/14/2006)

NOTICE of Appearance by Robert H. Scott on behalf of Stevens-Henager College (Scott, Robert) (Entered: 08/14/2006)

NOTICE of Deposition of Stacey Nelson by Stevens-Henager College 2:00 pm, August 15, 2006 (Scott, Robert) (Entered: 08/14/2006)

PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION. Signed by Judge Paul G. Cassell on 8/15/06. (kla, ) (Entered: 08/15/2006)

CERTIFICATE OF SERVICE by Rebecca Leigh Dehart re: Request for Entry Upon Land (Benson, Jonathan) (Entered: 08/17/2006)

NOTICE of Appearance by Jonathan M. Benson on behalf of Rebecca Leigh Dehart (Benson, Jonathan) (Entered: 08/17/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College 2nd Discovery Requests to EEOC (Scott, Robert) (Entered: 08/28/2006)

CERTIFICATE OF SERVICE by Rebecca Leigh Dehart re: Notice of Depositions (Benson, Jonathan) (Entered: 09/12/2006)

NOTICE of Issuance of Subpoenas by Rebecca Leigh Dehart (Attachments: # 1)(Birch, Erika) (Entered: 09/15/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College Answers to EEOC's 2nd Set of Interrogatories and Requests for Production of Documents (Scott, Robert) (Entered: 09/20/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College Notice of Deposition of Roberto Rivera (Scott, Robert) (Entered: 09/21/2006)

MOTION for Extension of Time Discovery filed by Consol Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Padegimas, Sandra) (Entered: 09/27/2006)

Joint MOTION to Compel Discovery Responses filed by Plaintiff Rebecca Leigh Dehart. (Birch, Erika) (Entered: 09/29/2006)

Joint MEMORANDUM in Support re 56 Joint MOTION to Compel Discovery Responses filed by Plaintiff Rebecca Leigh Dehart. (Attachments: # 1 Exhibit 1-4)(Birch, Erika) (Entered: 09/29/2006)

ORDER granting 55 Motion for 30 day Extension of Discovery. The court continues discovery until 10/30/06 for the limited purpose of permitting plaintiffs to depose Susan Hamilton and Todd Knecht. Signed by Judge Paul G. Cassell on 10/2/06.(kla) (Entered: 10/02/2006)

Defendant's MEMORANDUM in Opposition re 56 Joint MOTION to Compel Discovery Responses filed by Defendant Stevens-Henager College. (Scott, Robert) (Entered: 10/16/2006)

Defendant's MOTION to Bifurcate Trial with Respect to Punitive Damages filed by Defendant Stevens-Henager College. (Scott, Robert) (Entered: 10/16/2006)

Defendant's MEMORANDUM in Support re 60 Defendant's MOTION to Bifurcate Trial with Respect to Punitive Damages filed by Defendant Stevens-Henager College. (Attachments: # 1 Supplement Kloke v. Buckley Industries, Inc., 1996 U.S.Dist.Ct. LEXIS 9135)(Scott, Robert) (Entered: 10/16/2006)

Defendant's MOTION for Hearing re 61 Memorandum in Support of Motion,, 56 Joint MOTION to Compel Discovery Responses, 57 Memorandum in Support of Motion, 60 Defendant's MOTION to Bifurcate Trial with Respect to Punitive Damages, 59 Memorandum in Opposition to Motion (Simultaneous Hearing Requested) filed by Defendant Stevens-Henager College. (Scott, Robert) (Entered: 10/16/2006)

CERTIFICATE OF SERVICE by Rebecca Leigh Dehart Re: Supplemental Disclosures (Birch, Erika) (Entered: 10/23/2006)

CERTIFICATE OF SERVICE by Stevens-Henager College of Supplemental Discovery Responses (Scott, Robert) (Entered: 10/25/2006)

Joint MEMORANDUM in Opposition re 60 Defendant's MOTION to Bifurcate Trial with Respect to Punitive Damages filed by Plaintiff Rebecca Leigh Dehart, Consol Plaintiff Equal Employment Opportunity Commission. (Padegimas, Sandra) (Entered: 10/26/2006)

REPLY to Response to Motion re 56 Joint MOTION to Compel Discovery Responses filed by Plaintiff Rebecca Leigh Dehart. (Birch, Erika) (Entered: 10/30/2006)

MOTION for Partial Summary Judgment filed by Consol Plaintiff Equal Employment Opportunity Commission. (Padegimas, Sandra) (Entered: 10/31/2006)

MEMORANDUM in Support re 67 MOTION for Partial Summary Judgment filed by Consol Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit List and Exhibits 1 -6# 2 Exhibit 7)(Padegimas, Sandra) (Entered: 10/31/2006)

Defendant's MOTION for Summary Judgment filed by Defendant Stevens-Henager College. (Scott, Robert) (Entered: 10/31/2006)

Defendant's MEMORANDUM in Support re 69 Defendant's MOTION for Summary Judgment filed by Defendant Stevens-Henager College. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Appendix Unpublished Cases)(Scott, Robert) (Entered: 10/31/2006)

REPLY to Response to Motion re 60 Defendant's MOTION to Bifurcate Trial with Respect to Punitive Damages filed by Defendant Stevens-Henager College. (Scott, Robert) (Entered: 11/06/2006)

ORDER granting in part and denying in part 56 Motion to Compel, granting in part and denying in part 60 Motion to Bifurcate, denying 62 Motion for Hearing. Signed by Judge Paul G. Cassell on 11/8/06.(kla) (Entered: 11/08/2006)

ERRATA to 68 Memorandum in Support of Motion filed by Consol Plaintiff Equal Employment Opportunity Commission. (Padegimas, Sandra) (Entered: 11/08/2006)

Joint MOTION to Strike filed by Plaintiff Rebecca Leigh Dehart. (Birch, Erika) (Entered: 11/30/2006)

Joint MEMORANDUM in Support re 74 Joint MOTION to Strike filed by Plaintiff Rebecca Leigh Dehart. (Attachments: # 1 Exhibit A & B)(Birch, Erika) (Entered: 11/30/2006)

Joint MEMORANDUM in Opposition re 69 Defendant's MOTION for Summary Judgment filed by Plaintiff Rebecca Leigh Dehart. (Attachments: # 1 Exhibit Index# 2 Exhibit)(Birch, Erika) Modified on 12/5/2006 added Equal Employment Opportunity Commission as filer of document (asp, ). (Entered: 12/04/2006)

Defendant's MEMORANDUM in Opposition re 67 MOTION for Partial Summary Judgment filed by Defendant Stevens-Henager College. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Scott, Robert) (Entered: 12/04/2006)

EXHIBITS filed by Rebecca Leigh Dehart, Equal Employment Opportunity Commission re 76 Memorandum in Opposition to Motion. (The exhibits are not scanned and are available in the clerk's office.) (kla) (Entered: 12/05/2006)

**SEALED DOCUMENT** Exhibits in Support re 76 Memorandum in Opposition to Motion, filed by Plaintiff Rebecca Leigh Dehart, Consol Plaintiff Equal Employment Opportunity Commission. (The exhibits are not scanned and are located in the sealed area.) (kla) (Entered: 12/05/2006)

NOTICE OF HEARING ON MOTION re: 69 Defendant's MOTION for Summary Judgment, 67 MOTION for Partial Summary Judgment: Motion Hearing set for 1/19/2007 03:00 PM in Room 103 before Judge Paul G. Cassell. (ttl, ) (Entered: 12/05/2006)

Defendant's MEMORANDUM in Opposition re 74 Joint MOTION to Strike filed by Defendant Stevens-Henager College. (Attachments: # 1 Exhibit A through E)(Scott, Robert) (Entered: 12/11/2006)

REPLY to Response to Motion re 67 MOTION for Partial Summary Judgment filed by Consol Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibits A - B)(Padegimas, Sandra) (Entered: 12/15/2006)

REPLY to Response to Motion re 74 Joint MOTION to Strike filed by Plaintiff Rebecca Leigh Dehart. (Birch, Erika) (Entered: 12/18/2006)

Stipulated MOTION for Extension of Time Pretrial Deadlines filed by Plaintiff Rebecca Leigh Dehart. (Attachments: # 1 Text of Proposed Order)(Birch, Erika) (Entered: 12/20/2006)

NOTICE OF HEARING: (Notice generated by SA Chambers) Settlement Conference set for 2/8/2007 9:00 a.m. in Courtroom 248 before Magistrate Judge Samuel Alba. (cas) (Entered: 12/20/2006)

REPLY to Response to Motion re 69 Defendant's MOTION for Summary Judgment filed by Defendant Stevens-Henager College. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit List)(Scott, Robert) (Entered: 12/21/2006)

REQUEST for LEAVE TO FILE OVERLENGTH MEMORANDUM re 86 Reply Memorandum/Reply to Response to Motion, filed by Defendant Stevens-Henager College. (Scott, Robert) (Entered: 12/21/2006)

AFFIDAVIT of Sandra J. Padegimas re 76 Memorandum in Opposition to Motion, filed by Equal Employment Opportunity Commission. (Padegimas, Sandra) (Entered: 01/04/2007)

AMENDED NOTICE OF HEARING ON MOTION re: 69 Defendant's MOTION for Summary Judgment, 67 MOTION for Partial Summary Judgment : Motion Hearing reset for 2/7/2007 02:30 PM in Room 103 before Judge Paul G. Cassell. (ttl) (Entered: 01/12/2007)

ORDER granting 87 Request to File Over-Length Reply Memorandum filed by Stevens-Henager College. Signed by Judge Paul G. Cassell on 1/17/07. (kla) (Entered: 01/17/2007)

ERRATA to 68 Memorandum in Support of Motion filed by Consol Plaintiff Equal Employment Opportunity Commission. (Padegimas, Sandra) (Entered: 02/05/2007)

Supplemental MEMORANDUM in Opposition re 69 Defendant's MOTION for Summary Judgment filed by Plaintiff Rebecca Leigh Dehart. (Attachments: # 1 Exhibit A & B)(Birch, Erika) (Entered: 02/05/2007)

Defendant's MOTION to Strike 92 Memorandum in Opposition to Motion filed by Defendant Stevens-Henager College. (Scott, Robert) (Entered: 02/06/2007)

Defendant's MEMORANDUM in Support re 93 Defendant's MOTION to Strike 92 Memorandum in Opposition to Motion filed by Defendant Stevens-Henager College. (Scott, Robert) (Entered: 02/06/2007)

Joint MOTION for Leave to File Surreply to Defendant's Motion for Summary Judgment filed by Plaintiff Rebecca Leigh Dehart. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Motion)(Benson, Jonathan) (Entered: 02/07/2007)

Minute Entry for proceedings held before Judge Paul G. Cassell : Motion Hearing held on 2/7/2007 re 69 Defendant's MOTION for Summary Judgment filed by Stevens-Henager College, 67 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. After hearing arguments, the Court denies defendant's motion 69 and grants in part and denies in part 67 the EEOC's motion. Counsel are to file a consolidate motion in limine by 02/23/2007 with responses due 03/08/2007. Proposed jury instruction are due 02/23/2007. Counsel are then to meet and confer and file any objections by 03/08/2007. Proposed exhibits are to be filed by 02/23/2007 with objections by 03/08/2007. Witness list by 03/08/2007. Settlement cutoff 03/14/2007. Ms. Padegimas is to prepare an order reflecting todays rulings. The Court will prepare an order reflecting the dates set.Attorney for Plaintiff: Erika Birch, Sandra Padegimas - EEOC, Attorney for Defendant Robert E. Mansfield, Robert H. Scott. Court Reporter: Laura Robinson. (ttl) Modified on 2/14/2007 (Little, Trisha). (Entered: 02/08/2007)

SETTLEMENT CONFERENCE REPORT: A Settlement Conference was held on 02/08/2007. Parties and counsel were present. The settlement conference was conducted by Magistrate Judge Samuel Alba pursuant to the Order of Reference for Settlement. The parties were Unable to reach settlement. As settlement proceedings have been completed, the district judge may now issue an Order to Withdraw the Order of Referral for Settlement. (asp) (Entered: 02/12/2007)

Case no longer referred to Samuel Alba. (asp)