Case: EEOC v. Nebco Evans Distribution, Inc.

8:96-cv-00644 | U.S. District Court for the District of Nebraska

Filed Date: Dec. 16, 1996

Closed Date: 1999

Clearinghouse coding complete

Case Summary

In December 1996, the EEOC's Denver office filed this suit in the U.S. District Court for the District of Nebraska against Nebco Evans Distribution, Inc., an employer of truck drivers, alleging violations of the Age Discrimination in Employment Act of 1967 through in that Nebco refused to hire individuals over 40 years of age. In June 1997 the court agreed to bifurcate the trial into two phases: one phase would determine liability and injunctive relief and the other phase, if necessary, would …

In December 1996, the EEOC's Denver office filed this suit in the U.S. District Court for the District of Nebraska against Nebco Evans Distribution, Inc., an employer of truck drivers, alleging violations of the Age Discrimination in Employment Act of 1967 through in that Nebco refused to hire individuals over 40 years of age. In June 1997 the court agreed to bifurcate the trial into two phases: one phase would determine liability and injunctive relief and the other phase, if necessary, would determine damages for an unknown number of individuals. The court estimated that anywhere from 100 to 200 individuals could seek relief as a result of this suit.

Following several contentious discovery battles, the trial commenced in November 1998 and concluded with a verdict for the plaintiff. The next phase of trial was marked by disagreement as to how locate missing members of the class with the court ultimately settling on a variety of newspaper publications. In June 1999, however, following a settlement conference, the parties were able to agree on a consent decree that was subsequently adopted by the court. The consent decree required the defendants to pay $769,000.00, issue apology letters to each aggrieved individual, issue 6 semi-annual reports relating to job applicants, post a notice of non-discrimination, and provide training to all managers.

Summary Authors

Jennifer Solomon (8/10/2007)

People


Judge(s)

Bataillon, Joseph F. (Nebraska)

Judge(s)

Bataillon, Joseph F. (Nebraska)

Documents in the Clearinghouse

Document

8:96-cv-00644

Docket [PACER]

Sept. 15, 2000

Sept. 15, 2000

Docket
15

8:96-cv-00644

[Order on Various Discovery Issues]

1997 WL 416423, 1997 U.S.Dist.LEXIS 23111

June 5, 1997

June 5, 1997

Order/Opinion
132

8:96-cv-00644

Memorandum & Order [Re: Discovery Issues]

1998 U.S.Dist.LEXIS 18450

Sept. 4, 1998

Sept. 4, 1998

Order/Opinion
144

8:96-cv-00644

Memorandum & Order [Re: Ruling to Strike]

1998 U.S.Dist.LEXIS 18449

Oct. 26, 1998

Oct. 26, 1998

Order/Opinion
203

8:96-cv-00644

Consent Decree

June 22, 1999

June 22, 1999

Settlement Agreement

Resources

Docket

Last updated Aug. 11, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT: No Summons issued with request for jury trial in Omaha, Nebraska. (ETC) (Entered: 12/16/1996)

Dec. 16, 1996

Dec. 16, 1996

2

DEMAND for jury trial by plaintiff EEOC (ETC) (Entered: 12/16/1996)

Dec. 16, 1996

Dec. 16, 1996

3

MOTION by plaintiff EEOC to withdraw attorney Jerome N. Scanlan (ETC) (Entered: 01/03/1997)

Jan. 2, 1997

Jan. 2, 1997

4

ORDER by Judge Lyle E. Strom granting motion to withdraw attorney Jerome N. Scanlan [3-1]; Jerome N. Scanlan is no longer counsel of record for plf - COPIES MAILED (ETC) (Entered: 02/04/1997)

Feb. 4, 1997

Feb. 4, 1997

5

ANSWER by defendant Nebco Evans Distr (ETC) (Entered: 02/19/1997)

Feb. 18, 1997

Feb. 18, 1997

6

SCHEDULING PACKET by Judge Lyle E. Strom . - COPIES MAILED w/ packet. (ETC) (Entered: 02/20/1997)

Feb. 20, 1997

Feb. 20, 1997

7

WAIVER OF SERVICE (Rule 4 - Summons) upon defendant Nebco Evans Distr on 12/18/96 (ETC) (Entered: 02/24/1997)

Feb. 21, 1997

Feb. 21, 1997

8

MOTION by plaintiff EEOC to bifurcate trial and discovery, limit discovery and preserve attorney client protection for class memebers (ETC) (Entered: 03/31/1997)

March 31, 1997

March 31, 1997

9

MINUTES: hearing before Judge Lyle E. Strom report of rule 26(f) planning conference (Form 35) and mtn by plf EEOC to bifurcate trial and discovery (Filing No. 8) ORDERED: Brief time set. (ETC) (Entered: 04/07/1997)

April 4, 1997

April 4, 1997

10

CERTIFICATE by plaintiff EEOC of serving amended first interrrogatories and request for docs to dft. (ETC) (Entered: 04/14/1997)

April 14, 1997

April 14, 1997

11

ORDER by Judge Lyle E. Strom dft shall have until April 18, 1997 to file a brief in opposition to the motion to bifurcate trial and discovery [8-1]; Plf shall have until April 28, 1997, to file a reply brief - COPIES MAILED (ETC) (Entered: 04/14/1997)

April 14, 1997

April 14, 1997

12

AMENDED CERTIFICATE by plaintiff EEOC of serving amd first interrogatories and requests for docs to dft. (ETC) (Entered: 04/16/1997)

April 16, 1997

April 16, 1997

13

INDEX by defendant Nebco Evans Distribution, Inc of materials to be offered in response to plf's motion to bifurcate [8-1] (ETC) Modified on 06/06/1997 (Entered: 04/21/1997)

April 18, 1997

April 18, 1997

14

NOTICE by defendant Nebco Evans Distribution, Inc. of serving obj to plf's first set of Amended Interrogatories and request for production of docs. (ETC) (Entered: 05/13/1997)

May 12, 1997

May 12, 1997

15

MEMORANDUM AND ORDER: by Judge Lyle E. Strom granting motion to bifurcate trial and discovery, limit discovery and preserve attorney client protection for class members [8-1]; Discovery of this case will be bifurcated into liability and remedial phases. Discovery relevant to the remedial phase shall begin, if necessary, after the trial of the liability phase; trial of this case will be bifurcated into liability and remedial phases. The liability phase will determine liability and injunctive relief. The remedial phase, if necessary, will determine individual relief and will be heard by a second jury; dft is permitted to depose fifteen people in addition to any witness designated by the plf as a trial witness; the dft is prohibited from informally communicating w/any individual applicant w/out the prior consent of counsel for the EEOC - COPIES MAILED (ETC) Modified on 06/06/1997 (Entered: 06/05/1997)

June 5, 1997

June 5, 1997

16

NOTICE by defendant Nebco Evans Distr of serving 26 (a)(1) disclosures (ETC) (Entered: 06/06/1997)

June 6, 1997

June 6, 1997

17

ORDER by Judge Lyle E. Strom ddl for an amended Rule 35 Report setting forth realistic deadlines for discovery as to the liability phase of this action set for June 30, 1997 - COPIES MAILED (ETC) (Entered: 06/12/1997)

June 12, 1997

June 12, 1997

18

NOTICE by defendant Nebco Evans Distr of serving first set of amended interrogatories and request for production of docs. (ETC) (Entered: 06/18/1997)

June 17, 1997

June 17, 1997

19

MOTION by plaintiff EEOC for leave to propound up to 250 additional interrogs to dft (TLS) (Entered: 07/02/1997)

July 2, 1997

July 2, 1997

20

EXHIBITS by plaintiff EEOC in support of motion for leave to propound up to 250 additional interrogs to dft [19-1] Attachments in separate folder (TLS) (Entered: 07/02/1997)

July 2, 1997

July 2, 1997

REMARK - Changed receive notice filed to "n" and termed atty Jerome Scanlan per correspondence of 7/21/97 (ICMSUSER) (Entered: 07/21/1997)

July 21, 1997

July 21, 1997

22

CERTIFICATE by plaintiff EEOC of serving second set of req for docs (PLW) (Entered: 08/05/1997)

Aug. 4, 1997

Aug. 4, 1997

23

REPORT OF RULE 26(f) PLANNING CONFERENCE (Form 35) (ETC) (Entered: 08/15/1997)

Aug. 15, 1997

Aug. 15, 1997

24

ORDER by Judge Lyle E. Strom denying motion for leave to propound up to 250 additional interrogs to dft [19-1]; a maximun of fifty request for admission to be submitted by each party; Plf shall identify its trial witnesses on the liability phase by Jan 1, 1998; dft shall identify its trial witnesses on the liability phase by April 1, 1998; Paragraphs 2(e), 3(f), 3 (g) and 4(c), 4(c) and 4(h) of the Rule 26(f) report dated June 30, 1997, are approved and adopted by the Court; Pretrial conference set for 7/9/98 at 9:00; Jury Trial set for 9/1/98; Discovery set for 6/15/98; scheduling cnf held 8:30 7/16/97 ; dispositive mtn will be filed by May 15, 1998 ; the final list of exhibits is due on or before May 1, 1998 - COPIES MAILED (ETC) Modified on 08/21/1997 (Entered: 08/15/1997)

Aug. 15, 1997

Aug. 15, 1997

25

NOTICE of service of dft's response & objs to plf's second set of requests for production of docs by defendant Nebco Evans Distr (ICMSUSER) (Entered: 09/03/1997)

Sept. 2, 1997

Sept. 2, 1997

26

NOTICE by defendant Nebco Evans Distribution, Inc. of serving dft's first request for production. (ETC) (Entered: 09/16/1997)

Sept. 15, 1997

Sept. 15, 1997

27

MOTION by defendant Nebco Evans Distr for protective order (ETC) (Entered: 10/02/1997)

Oct. 1, 1997

Oct. 1, 1997

28

INDEX by defendant Nebco Evans Distr re: motion for protective order [27-1]; (Attachments in separate folder) (ETC) (Entered: 10/02/1997)

Oct. 1, 1997

Oct. 1, 1997

29

ORDER by Judge Lyle E. Strom Case reassigned to Judge Joseph F. Bataillon - COPIES MAILED (DML) (Entered: 10/03/1997)

Oct. 3, 1997

Oct. 3, 1997

30

MOTION by plaintiff EEOC to compel discovery (ETC) (Entered: 10/06/1997)

Oct. 6, 1997

Oct. 6, 1997

31

INDEX by plaintiff EEOC re: motion to compel discovery [30-1]; (Original in separate folder) (ETC) (Entered: 10/06/1997)

Oct. 6, 1997

Oct. 6, 1997

32

CERTIFICATE by plaintiff EEOC of serving third set of requests for docs. (ETC) (Entered: 10/06/1997)

Oct. 6, 1997

Oct. 6, 1997

33

CERTIFICATE by plaintiff EEOC of serving good faith efforts to reslove discovery dispute. (ETC) (Entered: 10/06/1997)

Oct. 6, 1997

Oct. 6, 1997

34

ORDER by Judge Joseph F. Bataillon Case referred to Magistrate Judge Thomas D. Thalken for judicial supervision and processing of all pretrial matters - COPIES MAILED (ETC) (Entered: 10/07/1997)

Oct. 7, 1997

Oct. 7, 1997

35

STIPULATED PROTECTIVE ORDER by Judge Joseph F. Bataillon: Upon agreeemnt of plf and dft, and in order to preserve the confidentiality of certain personnel docs of employees of dft; Plf's counsel shall comply with each of the conditions regarding the personnel files for former and current employees provided by dft in the course of this litigation - COPIES MAILED (ETC) (Entered: 10/09/1997)

Oct. 8, 1997

Oct. 8, 1997

36

NOTICE by defendant Nebco Evans Distr of serving dft's amended disclosures (ICMSUSER) (Entered: 10/14/1997)

Oct. 10, 1997

Oct. 10, 1997

37

INDEX by plaintiff EEOC in response to plf's motion to compel discovery [30-1]; (Attachments in separate folder) (ETC) (Entered: 10/17/1997)

Oct. 17, 1997

Oct. 17, 1997

38

NOTICE by plaintiff EEOC of serving responses to dft's first request for production. (ETC) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

39

ORDER by Magistrate Judge Thomas D. Thalken denying motion for protective order [27-1]; Counsel for the dft shall have the telephone conf transcribed and file the transcript of the telephone conf as part of the record in this matter - COPIES MAILED (ETC) (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

40

NOTICE by defendant Nebco Evans Distribution, Inc. of serving first amd ans to interrogs (First Set). (ETC) (Entered: 10/29/1997)

Oct. 28, 1997

Oct. 28, 1997

41

MOTION by plaintiff EEOC to extend time to provide expert reports (ETC) (Entered: 10/29/1997)

Oct. 29, 1997

Oct. 29, 1997

42

INDEX by plaintiff EEOC in support of motion to extend time to provide expert reports [41-1] (Attachments in separate folder) (ETC) (Entered: 10/29/1997)

Oct. 29, 1997

Oct. 29, 1997

43

NOTICE by defendant Nebco Evans Distribution, Inc of serving response to plf's third set of request for production of docs. (ETC) (Entered: 11/04/1997)

Nov. 3, 1997

Nov. 3, 1997

44

TRANSCRIPT of telephone conference on October 23, 197 at 9:10 (14 pages, Original in separate folder) (ETC) (Entered: 11/04/1997)

Nov. 3, 1997

Nov. 3, 1997

45

CERTIFICATE of service by plaintiff EEOC that plf's Second Set of Interrogatories were served by mail (ICMSUSER) Modified on 11/14/1997 (Entered: 11/10/1997)

Nov. 10, 1997

Nov. 10, 1997

46

JOINT MOTION by plaintiff EEOC and defendant Nebco Evans Distribution, Inc. for revision of progression order (ETC) (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

47

NOTICE by defendant Nebco Evans Distribution, Inc., of serving ans to second set of interrogatories. (ETC) (Entered: 12/04/1997)

Dec. 3, 1997

Dec. 3, 1997

48

CERTIFICATE OF DEPOSITION by ct rptr for the depo of Robert Larson. (ETC) (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

50

CERTIFICATE OF PROCEEDING by ct rptr taken on October 23, 1997. (ETC) (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

51

ORDER by Magistrate Judge Thomas D. Thalken the Plf's motion to extend time to provide expert reports [41-1] is denied as moot; granting motion for revision of progression order [46-1]; An amended progression order will issue forthwith - COPIES MAILED (ETC) (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

52

AMENDED PROGRESSION ORDER by Magistrate Judge Thomas D. Thalken; jury trial set for 11/1/98; pretrial conf set for 10:00 on 9/9/98 before Magistrate Judge Thomas D. Thalken; discovery set for 7/30/98 - COPIES MAILED (ETC) Modified on 08/13/1998 (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

53

ORDER by Magistrate Judge Thomas D. Thalken denying motion to compel discovery [30-1] - COPIES MAILED (ETC) (Entered: 12/09/1997)

Dec. 8, 1997

Dec. 8, 1997

54

APPLICATION/ORDER by Clerk adding attorney Merrily S. Archer to practice pro hac vice as to Plf EEOC - COPIES MAILED (ETC) (Entered: 12/18/1997)

Dec. 17, 1997

Dec. 17, 1997

55

ATTORNEY APPEARANCE for plaintiff EEOC; atty Merrily S. Archer. (ETC) (Entered: 12/19/1997)

Dec. 17, 1997

Dec. 17, 1997

56

NOTICE by defendant Nebco Evans Distribution, Inc of serving first set of interrogs. (ETC) (Entered: 12/22/1997)

Dec. 19, 1997

Dec. 19, 1997

57

NOTICE by plaintiff EEOC of taking deposition (Duces tecum) of Alfonza Whitaker on 1/14/98 9:00. (ETC) (Entered: 01/06/1998)

Jan. 5, 1998

Jan. 5, 1998

58

NOTICE by defendant Nebco Evans Distribution, Inc of serving second amd disclosures. (ETC) (Entered: 01/20/1998)

Jan. 16, 1998

Jan. 16, 1998

60

CERTIFICATE by plaintiff EEOC of serving ans to dft's first set of interrogatories to plf. (ETC) Modified on 01/28/1998 (Entered: 01/27/1998)

Jan. 26, 1998

Jan. 26, 1998

59

APPLICATION/ORDER by Clerk adding attorney Mia E. Bitterman to practice pro hac vice re Plf EEOC - COPIES MAILED (ETC) (Entered: 01/27/1998)

Jan. 27, 1998

Jan. 27, 1998

61

NOTICE by defendant Nebco Evans Distribution, Inc of serving supplemental ans and obj to second set of interrogs. (ETC) (Entered: 02/06/1998)

Feb. 5, 1998

Feb. 5, 1998

62

CERTIFICATE by plaintiff EEOC of serving third set of interrogs and fourth request for docs. (ETC) (Entered: 02/16/1998)

Feb. 13, 1998

Feb. 13, 1998

63

NOTICE by defendant Nebco Evans Distr of serving rule 26(a)(2) disclosures upon the plf (TLS) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

65

OBJECTION by defendant Nebco Evans Distribution to plf's disclosure of liability phase witnesses (DML) (Entered: 02/28/1998)

Feb. 26, 1998

Feb. 26, 1998

66

MOTION by plaintiff EEOC for extension of time to disclose a rebuttal expert report (ADB) (Entered: 03/10/1998)

March 9, 1998

March 9, 1998

67

NOTICE by defendant Nebco Evans Distr of mailing discovery (ADB) (Entered: 03/13/1998)

March 12, 1998

March 12, 1998

68

MOTION by defendant Nebco Evans Distr to compel ans to its first set of interrog to P. and certificate of good faith (CJS) (Entered: 03/18/1998)

March 17, 1998

March 17, 1998

69

INDEX OF MATERIALS by defendant Nebco Evans Distr in response re: motion for extension of time to disclose a rebuttal expert report [66-1] (CJS) (Entered: 03/18/1998)

March 17, 1998

March 17, 1998

70

INDEX OF MATERIALS by defendant Nebco Evans Distr in support re: motion to compel ans to its first set of interrogs [68-1] (CJS) (Entered: 03/18/1998)

March 17, 1998

March 17, 1998

71

AFFIDAVIT of Charles F. Gotch (CJS) (Entered: 03/18/1998)

March 17, 1998

March 17, 1998

72

MOTION by plaintiff EEOC to compel disclosures and for sanctions against dft for failure to disclose and resp to discovery (TLS) (Entered: 03/25/1998)

March 23, 1998

March 23, 1998

73

CERTIFICATE by plaintiff EEOC of good faith efforts to resolve discovery disputes (TLS) (Entered: 03/25/1998)

March 23, 1998

March 23, 1998

74

INDEX by plaintiff EEOC in support of motion to compel disclosures and for sanctions against dft for failure to disclose and resp to discovery [72-2] - Attachments in separate folder (TLS) (Entered: 03/25/1998)

March 23, 1998

March 23, 1998

75

CERTIFICATE by plaintiff EEOC of serving Plf's Supplemental Answers to Dft's First Set of Interrogatories (ICMSUSER) (Entered: 04/03/1998)

April 2, 1998

April 2, 1998

76

INDEX by plaintiff EEOC in support of EEOC'S memorandum in opposition to dft's motion to compel ans to dft's first set of interrogs [72- 1] (ETC) (Entered: 04/06/1998)

April 3, 1998

April 3, 1998

77

AFFIDAVIT of J. Mark Baird regarding motion to compel disclosures [72-1] (ETC) (Entered: 04/06/1998)

April 3, 1998

April 3, 1998

78

INDEX by defendant Nebco Evans Distr in response to plf's motion to compel disclosures [72-1] and motion for sanctions against dft for failure to disclose and resp to discovery [72-2]; (Attachments in separate folder) (ETC) (Entered: 04/06/1998)

April 3, 1998

April 3, 1998

79

NOTICE by defendant Nebco Evans Distr of taking depositions of Roger Riha 4/14/98 at 9:00, Patrick Wallace 4/15/98 at 10:45; Ed Price 4/15/98 at 1:30; Greg Ramirez 4/15/98 at 3:15; George Lea 4/16/98 at 9:00; Charles Dunn 4/16/98 at 10:45; Richard Pearson 4/16/98 at 1:30; Nick Mueller 4/16/98 at 3:15; Richard Zimmerman 4/17/98 at 10:45; Mike Woells 4/17/98 at 1:30; Phillip May 4/17/98 at 3:15; Wlater Renshaw 4/18/98 at 10:45; Neil Peterson 4/20/98 at 10:45; Richard Osborn 4/20/98 at 1:30; David Johannes 4/20/98 at 3:15; Ralph Horn 4/21/98 at 9:00; Ruben Bentley 4/21/98 at 10:30; Joseph Mantich 4/21/98 at 4:00; Calvin Kirby 4/22/98 at 9:00 (ETC) (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

80

MOTION by plaintiff EEOC for hearing on the mtn for sanctions , and, in the alternative for leave to file reply brief and suggestions in support (ETC) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

81

NOTICE by defendant Nebco Evans Distribution, Inc, of serving response to plf's fifth request for docs to dft Nos. 1-5, inclusive. (ETC) (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

82

ORDER by Magistrate Judge Thomas D. Thalken granting the plf's motion for extension of time to disclose a rebuttal expert report [66-1] to the extent set forth herein; The plf shall have to on or before 5/15/98, to serve its expert reports and the dft shall have to on or before 6/8/98, to serve its expert reports; No subsequent reports will be permitted; The dft's motion to compel answers to interrogatories [68-1] is denied; The plf's motion to compel disclosures [72-1] and for sanctions [72-2] is denied; The plf shall have to on or before 6/12/98, to amend its witness list to add those persons first identified in the dft's supplemental disclosures of January 1998 and docs received by the plf in March of 1998; The plf may continue the depositions of the dft's management employees only with regard to the information first disclosed in the supplemental disclosures of January of 1998 and docs produced in March of 1998; The plf's request for a hearing on the motion for sanctions [80-1] or in the alternative, for leave to file a reply brief and suggestions in support [80-2] is denied - COPIES MAILED (ICMSUSER) (Entered: 04/21/1998)

April 17, 1998

April 17, 1998

83

NOTICE by defendant Nebco Evans Distribution, Inc of serving supplemental response to plf's third set of interrogs. (ETC) (Entered: 05/07/1998)

May 6, 1998

May 6, 1998

84

NOTICE by defendant Nebco Evans Distr of serving witness list upon the plf (TLS) (Entered: 05/18/1998)

May 14, 1998

May 14, 1998

85

MOTION by plaintiff EEOC to compel resp to plf's 5th req for production of docs (TLS) (Entered: 05/20/1998)

May 18, 1998

May 18, 1998

86

INDEX by plaintiff EEOC in support of motion to compel resp to plf's 5th req for production of docs [85-1] - Attachments in separate folder (TLS) (Entered: 05/20/1998)

May 18, 1998

May 18, 1998

87

AFFIDAVIT of Merrily S. Archer regarding motion to compel resp to plf's 5th req for production of docs [85-1] (TLS) (Entered: 05/20/1998)

May 18, 1998

May 18, 1998

88

MOTION by plaintiff EEOC to amend ddl for disclosing rule 26(a)(2) information for rebuttal experts (TLS) (Entered: 05/20/1998)

May 18, 1998

May 18, 1998

89

AFFIDAVIT of J. Mark Baird regarding motion to amend ddl for disclosing rule 26(a)(2) information for rebuttal experts [88-1] (TLS) (Entered: 05/20/1998)

May 18, 1998

May 18, 1998

90

NOTICE by defendant Nebco Evans Distr of taking deposition of Kenneth Backhus on May 28, 1998 at 10:45; Dennis Gottsch on May 28, 1998 at 1:30; Raymond Payton May 28, 1998 at 3:30; Carl Foutch on May 29, 1998 at 10:45; Robert Hallett on May 29, 1998 at 1:30 and Walter Renshaw on May 29, 1998 at 3:30. (ETC) (Entered: 05/20/1998)

May 19, 1998

May 19, 1998

91

INDEX by defendant Nebco Evans Distr re: motion to compel resp to plf's 5th req for production of docs [85-1]; (Attachments in separate folder) (ETC) (Entered: 05/29/1998)

May 28, 1998

May 28, 1998

92

INDEX by defendant Nebco Evans Distr re: motion to amend ddl for disclosing rule 26(a)(2) information for rebuttal experts [88-1]; (Attachments in separate folder) (ETC) (Entered: 05/29/1998)

May 28, 1998

May 28, 1998

93

OBJECTION by plaintiff EEOC to dft's Disclosure of Liability Phase Witnesses (ICMSUSER) (Entered: 06/03/1998)

June 1, 1998

June 1, 1998

94

NOTICE by defendant Nebco Evans Distribution, Inc of serving disclosures of expert testimony. (ETC) (Entered: 06/09/1998)

June 8, 1998

June 8, 1998

95

NOTICE by defendant Nebco Evans Distribution, Inc of serving list of exhibits (ETC) (Entered: 06/15/1998)

June 12, 1998

June 12, 1998

96

NOTICE by defendant Nebco Evans Distribution, Inc of serving supplemental ans to plf's third set of interrogs. (ETC) (Entered: 06/18/1998)

June 17, 1998

June 17, 1998

97

CERTIFICATE by plaintiff EEOC of serving exhibit list for the libility phase (ETC) (Entered: 06/23/1998)

June 19, 1998

June 19, 1998

98

CERTIFICATE OF SERVICE by plaintiff EEOC that Sixth set of requests for documents to dft was served by mail (ICMSUSER) (Entered: 06/23/1998)

June 22, 1998

June 22, 1998

99

OBJECTION by defendant Nebco Evans Distr to plaintiff EEOC's exhibit list for the liability phase (ADB) (Entered: 06/26/1998)

June 25, 1998

June 25, 1998

100

STATUS REPORT by plaintiff EEOC (ICMSUSER) Modified on 09/04/1998 (Entered: 06/26/1998)

June 26, 1998

June 26, 1998

101

OBJECTION by plaintiff EEOC to dft's exhibits (ETC) (Entered: 06/30/1998)

June 29, 1998

June 29, 1998

102

ORDER by Magistrate Judge Thomas D. Thalken regarding plf's fifth request for production of docs [85-1]; the dft shall provide an unredacted copy of the database document provided to Dr. Neumann to the court for in camera inspection on or before July 9, 1998 - COPIES MAILED (ETC) (Entered: 07/02/1998)

July 1, 1998

July 1, 1998

Case Details

State / Territory: Nebraska

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Dec. 16, 1996

Closing Date: 1999

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

Nebco Evans Distributing, Inc., Private Entity/Person

Case Details

Causes of Action:

Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 769000

Order Duration: 1999 - 2002

Content of Injunction:

Retaliation Prohibition

Apology

Discrimination Prohibition

Post/Distribute Notice of Rights / EE Law

Reporting

Provide antidiscrimination training

Recordkeeping

Issues

General:

Disparate Impact

Disparate Treatment

Discrimination-area:

Hiring

Discrimination-basis:

Age discrimination

EEOC-centric:

Direct Suit on Merits