Case: EEOC v. Kasper Wire Works

EEOC v. Kasper Wire Works Inc.

EEOC v. Kaspar Wire Works, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed by EEOC (5) (cxj) (Entered: 09/18/2001)

DEMAND for jury trial by plaintiff Equal Employment Opp (cxj) (Entered: 09/18/2001)

PRELIMINARY ASSIGNMENT TO Magistrate Judge Paul Stickney (cxj) (Entered: 09/18/2001)

SUMMONS(ES) issued for defendant Kaspar Wire Works (Issued-1) (cxj) (Entered: 09/18/2001)

WAIVER OF SERVICE Returned Executed as to Kasper Wire Works 9/19/01 Answer due on 11/19/01 for Kasper Wire Works (1) (cxj) (Entered: 10/03/2001)

ANSWER to Complaint by defendant Kasper Wire Works (Attorney Mario A Barrera), (5) (cxj) (Entered: 11/19/2001)

CERTIFICATE OF INTERESTED PERSONS by defendant Kasper Wire Works (2) (cxj) (Entered: 11/19/2001)

APPLICATION AND ORDER for Raquel G Perez to appear pro hac vice ( Signed by Judge A J. Fish ) Copies to counsel: 11/20/01 Page(s) 4 (cxj) (Entered: 11/20/2001)

STATUS REPORT ORDER. Joint Status report due on 12/10/01 ( Signed by Judge A J. Fish ) Copies to counsel: 11/20/01 Page(s): 3 (cxj) (Entered: 11/20/2001)

JOINT STATUS REPORT by plaintiff Equal Employment Opp, defendant Kasper Wire Works (3) (cxj) (Entered: 12/11/2001)

SCHEDULING ORDER setting Docket call set for 2/3/03 ; Joining of Parties on 3/11/02 ; Amending of Pleadings on 3/11/02 ; Deadline for filing of dispositive motions 7/26/02 ; Discovery cutoff 9/30/02 ; Pretrial materials due on 1/24/03 Proposed pretrial order due 1/24/03 ; Pretrial conference for 9:00 1/31/03 ; ( Signed by Judge A J. Fish ) Copies to counsel: 12/13/01 Page(s): 11 (cxj) (Entered: 12/13/2001)

UNOPPOSED MOTION by defendant Kasper Wire Works for leave to amend [5-1] answer (9) (cxj) (Entered: 03/12/2002)

ORDER granting [11-1] motion for leave to amend [5-1] answer ( Signed by Chief Judge A J. Fish ) Copies to counsel: 03/13/02 Page(s) 1 (cxj) (Entered: 03/13/2002)

FIRST AMENDED ANSWER to Complaint by defendant Kasper Wire Works amends [5-1] answer (6) (cxj) (Entered: 03/13/2002)

MOTION with memorandum in support by plaintiff Equal Employment Opp to quash and request for expedited review (8) (cxj) (Entered: 04/04/2002)

RETURN OF SERVICE executed 3/25/02 by personal service as to Rush Sales Co attn Debbie Paden for subpoena (3) (cxj) (Entered: 04/04/2002)

RETURN OF SERVICE executed 3/26/02 by personal service as to Watco Truck Rigging attn David Watkin for subpoena (3) (cxj) (Entered: 04/04/2002)

AMENDED MOTION with incorporated brief to quash and review for expedited review by plaintiff Equal Employment Opp referring to [14-1] motion to quash and request for expedited review (14) (cxj) (Entered: 04/08/2002)

RESPONSE by defendant Kasper Wire Works to [14-1] motion to quash and request for expedited review (8) (cxj) (Entered: 04/08/2002)

ORDER Motion hearing set for 9:00 4/8/02 for [18-1] amended motion to quash and review for expedited review ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 04/08/02 Page(s) 1 (cxj) (Entered: 04/08/2002)

ORDER OF REFERENCE: [18-1] amended motion to quash and review for expedited review referred to Magistrate Judge Paul D. Stickney for a hearing if necessary and for determination ( Signed by Chief Judge A J. Fish ) Copies to counsel: 04/08/02 Page(s): 1 (cxj) (Entered: 04/08/2002)

Minute order: Motion hearing Held before Magistrate Judge Paul D. Stickney Court Reporter: Electronic (1) (cxj) (Entered: 04/10/2002)

Motion hearing re: [18-1] amended motion to quash and review for expedited review Motion hearing held, [14-1] motion to quash and request for expedited review at (cxj) (Entered: 04/10/2002)

RETURN OF SERVICE executed 4/15/02 as to Maverick Truck Accessories for subpoena (2) (cxj) (Entered: 04/19/2002)

NOTICE of subpoenas dueces tecum by defendant Kasper Wire Works (10) (cxj) (Entered: 04/22/2002)

MOTION with memorandum in support by plaintiff Equal Employment Opp to quash and request for expedited review (11)(exhibits not imaged) (jrb) (Entered: 04/29/2002)

ORDER OF REFERENCE: [25-1] motion to quash and request for expedited review referred to Magistrate Judge Paul D. Stickney ( Signed by Chief Judge A J. Fish ) Copies to counsel: 4/29/02 Page(s): 1 (jyg) (Entered: 04/29/2002)

ORDER Motion hearing set for 10:00 5/14/02 for [25-1] motion to quash and request for expedited review ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 05/07/02 Page(s) 1 (cxj) (Entered: 05/07/2002)

RESPONSE by defendant Kasper Wire Works to [25-1] motion to quash and request for expedited review (6) (cxj) (Entered: 05/10/2002)

NOTICE of Corrected subpoenas duces tecum by defendant Kasper Wire Works (10) (cxj) (Entered: 05/21/2002)

RETURN OF SERVICE executed 5/20/02 as to Axact Technologies Inc for subpoena (3) (cxj) (Entered: 05/21/2002)

RETURN OF SERVICE executed 5/20/02 as to Axact Technologies for employee records as to Tommy B Patino for subpoena (3) (cxj) (Entered: 05/21/2002)

ORDER denying [18-1] amended motion to quash and review for expedited review ( Signed by Magistrate Judge Paul D. Stickney ) Copies to counsel: 06/24/02 Page(s) 2 (cxj) (Entered: 06/24/2002)

JOINT MOTION to extend time for certain pretrial deadlines and request for expedited ruling by plaintiff Equal Employment Opp, defendant Kasper Wire Works (6) (aat) (Entered: 07/05/2002)

APPENDIX by plaintiff Equal Employment Opp, defendant Kasper Wire Works in support of [34-1] joint motion to extend time for certain pretrial deadlines and request for expedited ruling (15+) (Not imaged) (aat) (Entered: 07/05/2002)

AGREED ORDER granting [34-1] joint motion to extend time for certain pretrial deadlines and request for expedited ruling Reset scheduling order deadlines: Deadline for filing of dispositive motions by 10/9/02 ( Signed by Chief Judge A J. Fish ) Copies to counsel: 07/08/02 Page(s) 3 (cxj) (Entered: 07/08/2002)

RETURN OF SERVICE executed 7/3/02 as to Rush Sales Company for subpoena (3) (cxj) (Entered: 07/11/2002)

RETURN OF SERVICE executed 7/3/02 as to Watco Truck Rigging for subpoena (3) (cxj) (Entered: 07/11/2002)

RETURN OF SERVICE executed 7/3/02 as to Standard Structures Inc for subpoena (3) (cxj) (Entered: 07/11/2002)

NOTICE of subpoenas duces tecum by defendant Kasper Wire Works (14) (cxj) (Entered: 07/12/2002)

ORDER referring case to ADR; Jerome S Levy ADR provider; Type of ADR: Mediation Requested by: Court ( Signed by Chief Judge A J. Fish ) Copies to counsel: 07/16/02 Page(s): 3 (cxj) (Entered: 07/16/2002)

ORDER REASSIGNING CASE/SPECIAL ORDER NO. 3-207 Effective 8/12/02, the cases listed on Exhibit A attached to this Order are transferred from the docket of Honorable A. Joe Fish to the docket of Honorable David C. Godbey and shall henceforth carry the suffix letter "N". The clerk of court will notify counsel by providing to each counsel a copy of this Order with attached exhibit. (Pages 2) (Signed by Chief Judge A. Joe Fish) Copies to counsel: 8/14/02 Page(s) 3 (cxb) (Entered: 08/14/2002)

ALTERNATIVE DISPUTE RESOLUTION SUMMARY filed by ADR Provider Jerome S Levy. Attorneys in attendance: Suzanne Anderson, Keri Mallon and Ann Smith. Prv Fee: $ 1,400. Disposition: DNS. (1) (aat) (Entered: 09/09/2002)

JOINT MOTION to extend the discovery deadline and the dispositive motions deadline by plaintiff Equal Employment Opp, defendant Kasper Wire Works (3) (aat) (Entered: 09/20/2002)

ORDER granting [44-1] joint motion to extend the discovery deadline and the dispositive motions deadline. Reset discovery due for 10/8/02. Reset dispositive motion filing deadline for 10/21/02. ( Signed by Judge David C. Godbey ) Copies to counsel: 9/25/02 Page(s) 2 (aat) (Entered: 09/25/2002)

MOTION by defendant Kasper Wire Works for summary judgment (15) (aat) (Entered: 10/22/2002)

MEMORANDUM by defendant Kasper Wire Works in support of [46-1] motion for summary judgment (15+) (aat) (Entered: 10/22/2002)

APPENDIX by defendant Kasper Wire Works in support of [47-1] brief in support of defendant's motion for summary judgment (15+) (Not imaged) (USC) (aat) (Entered: 10/22/2002)

MOTION by plaintiff Equal Employment Opp for partial summary judgment (3) (aat) (Entered: 10/22/2002)

APPENDIX by plaintiff Equal Employment Opp in support of [49-1] motion for partial summary judgment (15+) (Not imaged) (aat) (Entered: 10/22/2002)

UNOPPOSED MOTION by plaintiff Equal Employment Opp to amend [1-1] complaint to add defendants (15+) (Attachments not imaged) (aat) (Entered: 10/22/2002)

MEMORANDUM by plaintiff Equal Employment Opp in support of [49-1] motion for partial summary judgment (12) (aat) (Entered: 10/23/2002)

RESPONSE by defendant Kasper Wire Works to [51-1] motion to amend [1-1] complaint to add defendants (6) (aat) (Entered: 11/12/2002)

APPENDIX by defendant Kasper Wire Works in support of [53-1] response to motion to amend complaint to add defendants (15+) (Not imaged) (aat) (Entered: 11/12/2002)

RESPONSE and brief by plaintiff Equal Employment Opp to [46-1] motion for summary judgment (15+) (aat) (Entered: 11/13/2002)

APPENDIX by plaintiff Equal Employment Opp in support of [55-1] response to motion for summary judgment (15+) (Not imaged) (aat) (Entered: 11/13/2002)

UNOPPOSED MOTION by defendant Kasper Wire Works to extend time for response to the motion for partial summary judgment (3) (aat) (Entered: 11/19/2002)

ORDER granting [57-1] motion to extend time for response to the motion for partial summary judgment. Defendants' response to motion reset to 12/5/02 for [49-1] motion for partial summary judgment. ( Signed by Judge David C. Godbey ) Copies to counsel: 11/20/02 Page(s) 2 (aat) (Entered: 11/20/2002)

SPECIAL ORDER NO. 3-224. Effective 11/25/02, the cases listed on Exhibit A attached to this order are transferred from the docket of Honorable David C. Godbey to the docket of Honorable Ed Kinkeade and shall henceforth carry the suffix letter "K". ( Signed by Chief Judge A. J. Fish ) Copies to counsel: 11/25/02 Page(s): 3 (aat) (Entered: 11/25/2002)

REPLY Brief by defendants Kasper Wire Works and Kaspar Ranch Hand Inc to response to [46-1] motion for summary judgment (15+) (jyg) (Entered: 12/02/2002)

RESPONSE by defendant Kasper Wire Works in opposition to [49-1] motion for partial summary judgment (15+) (aat) (Entered: 12/06/2002)

APPENDIX by defendant Kasper Wire Works in support of [61-1] response in opposition to the EEOC's motion for partial summary judgment and supporting brief (15+) (Not imaged) (aat) (Entered: 12/06/2002)

Minute order: Oral argument on bankruptcy appeal held before Judge Ed Kinkeade. Court Reporter: Shawn McRoberts. (aat) (Entered: 12/09/2002)

REPLY by plaintiff Equal Employment Opp to response to [49-1] motion for partial summary judgment (12) (aat) (Entered: 12/17/2002)

ORDER Reset scheduling order deadlines: Jury trial docket call reset for 3/10/03; Pretrial materials due 2/24/03. The pretrial conference scheduled for 1/31/03 is cancelled. ( Signed by Judge Ed Kinkeade ) Copies to counsel: 1.23.02 Page(s) 1 (mlh) (Entered: 01/23/2003)

ORDER REGARDING TRANSITION. All existing scheduling orders, trial settings and referrals to magistrate judges are adopted and remain in full force and effect. Counsel are directed to confer and file a joint status report with the Court no later than 14 days after the date of this order. See order for specifics. ( Signed by Judge Ed Kinkeade) Copies to counsel: 1/28/03 Page(s): 3 (aat) (Entered: 01/28/2003)

JOINT REPORT ON SETTLEMENT CONFERENCE by plaintiff Equal Employment Opp, defendant Kasper Wire Works (3) (aat) (Entered: 02/07/2003)

JOINT MOTION to continue by plaintiff Equal Employment Opp, defendant Kasper Wire Works (4) (aat) (Entered: 02/10/2003)

MOTION in Limine by Kaspar Wire Works Inc (aat, ) (Entered: 02/27/2003)

Proposed Voir Dire Examination of the Jury Panel by Kaspar Wire Works Inc. (aat, ) (Entered: 02/27/2003)

Exhibit List by Kaspar Wire Works Inc. (aat, ) (Entered: 02/27/2003)

Witness List by Kaspar Wire Works Inc. (aat, ) (Entered: 02/27/2003)

Proposed Jury Instructions by Kaspar Wire Works Inc. (aat, ) (Entered: 02/27/2003)

MOTION in Limine by Equal Employment Opportunity Commission with brief in support. (aat, ) (Entered: 02/27/2003)

Proposed Jury Instructions and Interrogatories by Equal Employment Opportunity Commission. (aat, ) (Entered: 02/27/2003)

Proposed Jury Voir Dire by Equal Employment Opportunity Commission. (aat, ) (Entered: 02/27/2003)

Exhibit List by Equal Employment Opportunity Commission. (aat, ) (Entered: 02/27/2003)

Designation of Deposition by Equal Employment Opportunity Commission. (aat, ) (Entered: 02/27/2003)

JOINT MOTION to Expedite review of joint motion for continuance by Equal Employment Opportunity Commission, Kaspar Wire Works Inc (aat, ) (Entered: 03/03/2003)

First Amended Proposed Jury Instructions, Definitions and Interrogatories by Kaspar Wire Works Inc. (aat, ) (Entered: 03/03/2003)

First Amended Exhibit List by Kaspar Wire Works Inc. (aat, ) (Entered: 03/03/2003)

MOTION in Limine by Kaspar Wire Works Inc (aat, ) (Entered: 03/03/2003)

Memorandum Opinion and Order granting 46 Motion for Summary Judgment filed by Kaspar Wire Works Inc, denying as moot 51 Motion to Amend/Correct filed by Equal Employment Opportunity Commission and denying as moot 49 Motion for Summary Judgment filed by Equal Employment Opportunity Commission. Judgment will be entered that the EEOC and Patino take nothing. (Signed by Judge Ed Kinkeade on 3/3/03) (aat, ) (Entered: 03/04/2003)

FIRST AMENDED MOTION in Limine by Kaspar Wire Works Inc (aat, ) (Entered: 03/04/2003)

JUDGMENT EEOC and Tommy Patino take nothing in this suit against defendants and all claims are dismissed with prejudice, with all costs taxed against the EEOC. (Signed by Judge Ed Kinkeade on 3/5/03) (aat, ) (Entered: 03/06/2003)

MOTION to recover attorneys' fees by Kaspar Wire Works Inc (aat, ) (Entered: 03/20/2003)

Memorandum in support re 87 motion to recover attorneys' fees filed by Kaspar Wire Works Inc. (Exhibits not imaged) (USC) (aat, ) (Entered: 03/20/2003)

BILL OF COSTS by Kaspar Wire Works Inc. (Exhibits not imaged) (aat, ) (Entered: 03/20/2003)

Costs Taxed in amount of $9,828.78 against EEOC. (aat, ) (Entered: 03/20/2003)

OBJECTIONS re 89 Bill of Costs, filed by Equal Employment Opportunity Commission. (aat, ) (Entered: 03/25/2003)

ADVISORY TO THE COURT by Kaspar Wire Works Inc (aat, ) (Entered: 03/28/2003)

RESPONSE in Opposition re 90 objections to bill of costs, filed by Kaspar Wire Works Inc. (aat, ) (Entered: 03/31/2003)

OBJECTION to 87 Defendant's MOTION to Recover Attorney Fees filed by Equal Employment Opportunity Commission. (lmr, ) (Entered: 04/10/2003)

Supplement by Equal Employment Opportunity Commission as to 93 objection to motion to recover attorneys' fees. (aat, ) (Entered: 06/26/2003)

ORDER granting in part and denying in part 87 motion to recover attorneys' fees. Defendant is entitled to recover the costs included in its "Bill of Costs" in the amount of $8,995.38. However, defendant is not entitled to recover its attorneys' fees, as plaintiff's complaint was not frivolous. (Signed by Judge Ed Kinkeade on 11/10/03) (aat, ) (Entered: 11/12/2003)