Case: EEOC v. Caterpillar

Caterpillar, Inc v. EEOC

U.S. Court of Appeals for the Seventh Circuit

EEOC v. Caterpillar Inc

EEOC v. Caterpillar Inc.

EEOC v. Caterpillar, Inc.

No Court

EEOC v. Caterpillar Inc.

EEOC v. Caterpillar, Inc.

U.S. Court of Appeals for the Seventh Circuit

EEOC v. Caterpillar Inc.

EEOC v. Caterpillar Inc

EEOC v. Caterpillar Inc

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Lauren G. Dreilinger, Noelle Christine Brennan, John C. Hendrickson as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 08/14/2003)

ATTORNEY APPEARANCE for defendant Caterpillar Inc by Michael A. Warner, Joseph S. Turner, Michael Andrew McGuire. (vmj) (Entered: 08/18/2003)

ATTORNEY APPEARANCE for defendant Caterpillar Inc by Johna Gabrielle Gaffke (ntf) (Entered: 08/19/2003)

WAIVER of service of summons as to defendant sent on 8/14/03. (hp) (Entered: 08/26/2003)

SCHEDULE set on 8/27/03 by Hon. Rebecca R. Pallmeyer : Status hearing set before Judge Pallmeyer for 9:00 on 10/20/03, courtroom 2119. Mailed notice (etv)

ANSWER and affirmative defenses to plaintiff's complaint by defendant [1-1]; Notice. (hp) (Entered: 10/16/2003)

ATTORNEY APPEARANCE for defendant by Sheldon Leigh Jeter (hp) (Entered: 10/16/2003)

ATTORNEY APPEARANCE for plaintiff by Diane Ilene Smason (hp) (Entered: 10/21/2003)

SCHEDULE set on 10/20/03 by Hon. Rebecca R. Pallmeyer : Status hearing held and continued to 9:00 on 12/18/03. Rule 26(a)(1) disclosures to be made within 14 days. Fact discovery ordered closed on 5/28/04. Plaintiff's expert disclosure 7/27/04; Defendant's expert disclosure 8/27/04. Expert discovery completed by 10/15/04. Plaintiff and Defendant allowed to join additional parties and to amend pleadings by 1/23/04. Dispositive motions due 7/30/04. Mailed notice (etv)

WITHDRAWAL by plaintiff of appearance of Noelle C. Brennan ; Notice (hp) (Entered: 12/05/2003)

ATTORNEY APPEARANCE for defendant by Jason M. Torres (hp) (Entered: 12/09/2003)

MOTION by defendant for protective order (Attachments); Notice (hp) (Entered: 12/22/2003)

MOTION by defendant for partial summary judgment ; Memorandum in support (Attachments); Local Rule 56.1 statement of material facts as to which there is no genuine issue (Attachments); Notice (hp) (Entered: 12/22/2003)

MINUTE ORDER of 12/18/03 by Hon. Rebecca R. Pallmeyer : Filed defendant's motion for protective order. [10-1] Answer brief to motion due 01/14/04. Reply to answer brief due 01/28/04. Status hearing held and continued to 02/04/04 at 9:30 a.m. Plaintiff's motion for leave to withdraw appearance of Noelle C. Brennan is granted. [8-1] Mailed notice (hp) (Entered: 12/22/2003)

MINUTE ORDER of 12/18/03 by Hon. Rebecca R. Pallmeyer : Filed defendant's motion for partial summary judgment. [11-1] Answer brief to motion due 01/28/04. Reply to answer brief due 02/11/04. Mailed notice (hp) (Entered: 12/22/2003)

NOTICE by defendant's counsel M. Andrew McGuire of change of address (hp) Modified on 01/15/2004 (Entered: 01/15/2004)

RESPONSE by plaintiff to defendant's motion for protective order [10-1] (Attachment) (hp) (Entered: 01/15/2004)

REPLY BRIEF by defendant in support of its motion for protective order [10-1] (Attachment) (hp) (Entered: 01/29/2004)

MEMORANDUM by plaintiff in opposition to defendant's motion for partial summary judgment [11-1]; Notice (hp) (Entered: 01/29/2004)

RESPONSE by plaintiff to defendant's Local Rule 56.1 statement of material facts as to which there is no genuine issue [11-1] (hp) (Entered: 01/29/2004)

LOCAL RULE 56.1 Statement by plaintiff of additional facts requiring the denial of summary judgment (Attachments) (hp) (Entered: 01/29/2004)

DECLARATION of Kathleen Leaver (Attachment); Notice (hp) (Entered: 01/30/2004)

MINUTE ORDER of 2/4/04 by Hon. Rebecca R. Pallmeyer : Status hearing held. Motion for protective order [10-1] granted in part and denied in part. From year 2000 forward payroll records for single facility to be produced within 10 days. Other details requested need not be produced this time. Also within 10 days, defendant to produce other complaints of sexual harassment and retaliation form 2000 forward. Date for defendant's reply memorandum in support of summary judgment extended to 02/16/04. [11-1] Notices mailed by judge's staff (hp) (Entered: 02/09/2004)

MOTION by defendant for protective order and clarification regarding documents and information this Court ordered Catarpillar to produce (Attachment); Notice (ar) (Entered: 02/11/2004)

MINUTE ORDER of 2/10/04 by Hon. Rebecca R. Pallmeyer : Defendant's motion clarification is denied [22-2]. Plaintiff's response to motion for protective order [22-1] to be filed by 02/20/04. Reply to be filed 02/27/04. Ruling set for 03/01/04 at 9:00 a.m. [22-1]. Mailed notice (ar) (Entered: 02/11/2004)

RESPONSE by defendant to plaintiff EEOC's Local Rule 56.1 statement of additional facts [19-1]; Notice (hp) (Entered: 02/17/2004)

REPLY MEMORANDUM by defendant in support of its motion for partial summary judgment [11-1] (hp) (Entered: 02/17/2004)

RESPONSE by plaintiff to defendant's motion for protective order [22-1] and clarification; Notice (hp) (Entered: 02/23/2004)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Ann M. Henry (hp, ) (Entered: 02/01/2005)

MINUTE ORDER of 2/25/04 by Hon. Rebecca R. Pallmeyer : By agreement of counsel, ruling on defendant's motion for protective order [22-1] set re-set to 03/02/04 at 9:30 a.m. Mailed notice (hp) (Entered: 02/27/2004)

REPLY BRIEF by defendant in support of its motion for protective order [22-1]; Notice (cdy) (Entered: 03/01/2004)

MOTION by plaintiff for leave to file supplemental authority in opposition to defendant's motion for partial summary judgment (Attachment); Notice (hp) Modified on 03/03/2004 (Entered: 03/03/2004)

MINUTE ORDER of 3/2/04 by Hon. Rebecca R. Pallmeyer : Defendant's motion for protective order granted in part and denied in part. [22-1] Any anticipated communication with potential class members to be submitted in chambers, with copy to opposing counsel. Opposing counsel will have seven days to submit objections, if any. Court would then promptly issue a minute order providing direction with respect to proposed communications. Notices mailed by judge's staff (hp) Modified on 03/03/2004 (Entered: 03/03/2004)

MINUTE ORDER of 3/2/04 by Hon. Rebecca R. Pallmeyer : EEOC's motion for leave to file supplemental authority in opposition to defendant's motion for partial summary judgment is granted. [29-1] Defendant has seven (7) days to file additional material, if any. Mailed notice (hp) (Entered: 03/03/2004)

RESPONSE by defendant to EEOC's motion for leave to file supplemental authority in opposition to defendant's motion for partial summary judgment [29-1]; Notice. (hp) (Entered: 03/10/2004)

OBJECTIONS by defendant to EEOC's draft letter and questionnaire to be sent to Caterpillar's employees (Attachment); Notice (hp) (Entered: 03/16/2004)

RESPONSE by plaintiff to defendant's objections to EEOC's draft letter and questionnaire [33-1]; Notice (hp) (Entered: 03/19/2004)

OBJECTIONS by plaintiff EEOC to defendant's draft letter to employees (Attachment); Notice. (hp) (Entered: 03/29/2004)

RESPONSE by defendant to EEOC's objections to defendant's proposed letter to employees [35-1] (Attachments); Notice. (hp) (Entered: 04/05/2004)

JOINT MOTION by plaintiff to extend discovery ; Notice. (hp) (Entered: 05/20/2004)

MINUTE ORDER of 5/19/04 by Hon. Rebecca R. Pallmeyer : Filed joint motion to extend discovery. Motion is granted. [37-1] Fact discovery extended to 07/12/04. Mailed notice (hp) (Entered: 05/20/2004)

MOTION by the parties to extend discovery ; Notice. (hp) (Entered: 07/01/2004)

MINUTE ORDER of 6/30/04 by Hon. Rebecca R. Pallmeyer : Joint motion to extend discovery is granted. [39-1] Fact discovery is extended to 45 days after ruling on summary judgment motion. [11-1] Mailed notice (hp) (Entered: 07/01/2004)

MINUTE ORDER of 9/22/04 by Hon. Rebecca R. Pallmeyer : Entered Memorandum Opinion and Order. Status hearing set for 10/6/04 at 9:30 a.m. Caterpillar's motion for partial summary judgment is denied [11-1]. The EEOC will be permitted to proceed on its sexual harassment claims on behalf of the women wno worked with Robert Garcia at Caterpillar's Aurora Illinois facility. Mailed notice (gcy)

ATTORNEY APPEARANCE for plaintiff EEOC by Laurie S. Elkin (hp) (Entered: 10/06/2004)

MOTION by plaintiff EEOC for reconsideration of the Court's order denying defendant's motion for summary judgment ; Memorandum in support; Notice. (hp) (Entered: 10/06/2004)

MINUTE ORDER of 10/6/04 by Hon. Rebecca R. Pallmeyer : Status hearing held. Defendant's response to plaintiff's motion for reconsideration to be filed by or on 10/20/04; reply 10/27/04; ruling set for 11/05/04 at 9:00 a.m. [43-1] Mailed notice (hp) (Entered: 10/06/2004)

OPPOSITION by defendant to EEOC's motion for reconsideration [43-1]; Notice. (hp) (Entered: 10/26/2004)

REPLY by EEOC memorandum in support of its motion for reconsideration [43-1]; Notice. (hp) (Entered: 10/29/2004)

MOTION by defendant to compel (Attachments); Notice (cdy) (Entered: 11/10/2004)

MINUTE ORDER of 11/5/04 by Hon. Rebecca R. Pallmeyer : Ruling on plantiff's motion for reconsideration reset to 11/9/04 at 9:00 a.m. Telephoned notice (rbf) (Entered: 11/09/2004)

MINUTE ORDER of 11/9/04 by Hon. Rebecca R. Pallmeyer: Plaintiff's motion for reconsideration [43-1], is granted as outlined on the reverse side of this order. (See reverse of minute order.) Notices mailed by judge's staff (cdy) (Entered: 11/10/2004)

MINUTE ORDER of 11/9/04 by Hon. Rebecca R. Pallmeyer: Answer brief to motion to compel [48-1] due 11/30/04. Reply to answer brief due 12/07/04. Ruling on defendant's motion to compel [48-1] set for 12/10/04 at 9:30 a.m. Mailed notice (cdy) (Entered: 11/10/2004)

MOTION by defendant for certification of issue for appeal and stay of class-based discovery ; Memorandum in support; Notice. (hp) Modified on 11/23/2004 (Entered: 11/23/2004)

MINUTE ORDER of 11/18/04 by Hon. Rebecca R. Pallmeyer : Filed defendants' motion for certification of issue for appeal [51-1] and stay of class-based discovery. [51-2] Answer brief to motion due 12/09/04. Reply to answer brief due 12/16/04. Mailed notice (hp) (Entered: 11/23/2004)

RESPONSE by plaintiff EEOC in opposition to defendant's motion to compel [48-1]; Notice. (jmp) (Entered: 12/03/2004)

REPLY by defendant in support of its motion to compel [48-1] (Attachment). (hp) (Entered: 12/08/2004)

RESPONSE by plaintiff EEOC to defendant Caterpillar's motion for certification of issue for appeal [51-1] and stay of class-based discovery [51-2] (Attachment); Notice. (hp) (Entered: 12/13/2004)

MINUTE ORDER of 12/10/04 by Hon. Rebecca R. Pallmeyer : Status hearing set for 01/18/05 at 9:00 a.m. Defendant's motion to compel is granted [48-1] in part and entered and continued in part. Documents to be submitted to Judge Pallmeyer in chambers for in camera inspection. Mailed notice (hp) (Entered: 12/14/2004)

REPLY BRIEF by defendant in support of its motion for certification of issue for appeal [51-1], and stay of class-based discovery [51-2]; Notice. (hp) (Entered: 12/20/2004)

MINUTE ORDER of 12/17/04 by Hon. Rebecca R. Pallmeyer : On 12/10/04, the court entered and continued defendant's motion to compel [48-1]; having now reviewed the requested materials in camera, the court denies the motion without prejudice. (See reverse of minute order.) Notices mailed by judge's staff (hp) (Entered: 12/21/2004)

MINUTE entry before Judge Rebecca R. Pallmeyer : At the court's request, status set for 01/18/05 is stricken and reset to 02/01/05 at 9:00 a.m. (hp, ) (Entered: 01/19/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status set for 02/01/2005 stricken and reset to 02/08/2005 at 9:00 a.m. Docketing to mail notices. (hp, ) (Entered: 02/03/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing held. Motion for certification of issue for appeal and stay of class-based discovery 51 continued to 2/15/2005 at 09:00 AM. No notices required, advised in open court. (hp, ) (Entered: 02/10/2005)

MOTION by Plaintiff Equal Employment Opportunity Commission to quash subpoena and for protective order; Exhibits. (rbf, ) Modified on 2/14/2006 (ym, ). (Entered: 02/16/2005)

NOTICE of Motion by Diane Ilene Smason for presentment of motion to quash and for protective order 63 before Honorable Rebecca R. Pallmeyer on 2/17/2005 at 09:00 AM. (rbf, ) (Entered: 02/16/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing held. Motion for certification of issue for appeal and stay of class-based discovery 51 continued to 02/18/05 at 9:00 a.m. Plaintiff's counsel directed to propose a question for interlocutory review that, in counsel's view, accurately represets the dispute between the parties. No notice required, advised in open court. (hp, ) (Entered: 02/17/2005)

OPPOSITION by defendant Caterpillar Inc., in to EEOC'S motion to quash subpoena and protective order 63 ; Notice, Exhibit A. (hp, ) Modified on 3/10/2006 (ym, ). (Entered: 02/23/2005)

LETTER from defendant's counsel S. Leigh Jeter dated 02/17/05. (hp, ) (Entered: 02/25/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing held on 2/18/2005. EEOC having provided the relevant information, the motion to quash subpoena 63 is granted; and motion for protective order [63-2] is denied. Mailed notice (hp, ) (Entered: 02/23/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : The order. The court certifies the following question for review by the court of appeals: In determining whether the claims in an EEOC complaint are within the scope of the discrimination allegedly discovering during the EEOC's investigation, must the court accept the EEOC's administrative determination concerning the alleged discrimination discovered during its investigation, or instead, may the court itself review wthe scope of the investigation? Judicial staff mailed notice (air, ) (Entered: 02/25/2005)

ORDER. Signed by Judge Rebecca R. Pallmeyer on 2/22/2005. No notice (air, ) (Entered: 02/25/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : Although the scope of the case is as yet uncertain, the court has determined that the case will proceed as a class action. The court therefore sustains certain objections to the parties' proposed letters to class members, and overrules other objections. Status hearing set for 3/22/2005 at 09:00 AM. Enter Order. Notices mailed by judge's staff (hp, ) (Entered: 03/01/2005)

ORDER 71 Signed by Judge Rebecca R. Pallmeyer on 2/22/2005: (hp, ) (Entered: 03/01/2005)

MOTION by Defendant Caterpillar Inc for protective order (las, ) (Entered: 03/02/2005)

NOTICE of Motion by Sheldon Leigh Jeter for presentment of defendant's motion for protective order 73 before Honorable Rebecca R. Pallmeyer on 3/3/2005 at 09:00 AM. (las, ) (Entered: 03/02/2005)

RESPONSE by EEOC to Defendant's Motion for protective order 73 (hp, ) (Entered: 03/04/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : Defendant's Motion for protective order 73 is withdrawn without prejudice pending negotiations. Mailed notice (hp, ) (Entered: 03/07/2005)

MOTION by Defendant Caterpillar Inc for substitution of counsel (gma, ) (Entered: 03/09/2005)

NOTICE of Motion by Jason M Torres for presentment of MOTION by Defendant Caterpillar Inc for substitution of counsel 77 before Honorable Rebecca R. Pallmeyer on 3/22/2005 at 09:00 AM. (gma, ) (Entered: 03/09/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer: Status hearing held on 3/22/2005. Defendant's motion for substitution of counsel 77 is granted. M. Andrew McGuire is to substitute the appearance of Johna G. Anderson. Status hearing set for 6/2/2005 at 09:00 AM. Mailed notice (lcw) (Entered: 03/23/2005)

TRANSCRIPT of proceedings for the following date: 02/15/05; Before the Honorable Rebecca R. Pallmeyer (hp, ) (Entered: 04/26/2005)

ATTORNEY Appearance for Defendant Caterpillar Inc by Anne Elizabeth Duprey (hp, ) (Entered: 05/18/2005)

OPINION from the USCA for the Seventh Circuit; Submitted 04/20/05; Decided 05/27/05 in USCA case no. 05-8006. (hp, ) (Entered: 06/09/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing held on 6/2/2005. Status hearing set for 8/16/2005 at 09:00 AM. Mailed notice (etv, ) (Entered: 06/02/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing held on 8/16/2005. Plaintiff expects to identify the bulk of class members within 30 days. Discovery ordered closed by 2/10/2006. Status hearing set for 10/6/2005 at 09:00 AM. Mailed notice (etv, ) (Entered: 08/16/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing held on 10/6/2005. Status hearing set for 12/7/2005 at 09:00 AM. Mailed notice (etv, ) (Entered: 10/06/2005)

MOTION by Defendant Caterpillar Inc for protective order (Attachments: # 1 Text of Proposed Order)(Torres, Jason) (Entered: 10/28/2005)

2 Text of Proposed Order

View on PACER

NOTICE by Caterpillar Inc of Filing of Motion for Protective Order (Torres, Jason) (Entered: 10/28/2005)

RESPONSE by plaintiff to Defendant's Motion for Protective Order (Henry, Ann) Modified on 11/1/2005 (rbf, ). (Entered: 10/31/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : Motion by defendant Caterpillar Inc. for protective order 86 is granted. Enter Protective Order. (cem, ) (Entered: 11/04/2005)

PROTECTIVE Order Signed by Judge Rebecca R. Pallmeyer on 11/2/2005.(cem, ) (Entered: 11/04/2005)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing held on 12/7/2005. Status hearing set for 2/9/2006 at 08:45 AM. Mailed notice (etv, ) (Entered: 12/07/2005)

ATTORNEY Appearance for Defendant Caterpillar Inc by Christopher James DeGroff (DeGroff, Christopher) (Entered: 01/13/2006)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing held on 2/9/2006. Discovery close date extended to 3/15/2006. Status hearing set for 3/16/2006 at 09:00 AM. Mailed notice (etv, ) (Entered: 02/09/2006)

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Geraldine Soat BrownSigned by The Executive Committee on 2/9/2006. (vmj, ) (Entered: 02/13/2006)

MINUTE entry before Judge Geraldine Soat Brown: This matter having been referred to Magistrate Judge Geraldine Soat Brown for a settlement conference, an initial status hearing is hereby set before Magistrate Judge Brown on 2/24/06 at 9:00 a.m. in Courtroom 1812 for the purpose of setting a date for the settlement conference. Counsel for parties shall review Judge Brown's Standing Order for Settlement Conference before appearing for the initial status hearing. See www.ilnd.uscourts.gov//JUDGEBROWN. Mailed (vmj, ) (Entered: 02/22/2006)

MINUTE entry before Judge Geraldine Soat Brown : Status hearing held and continued to 3/1/2006 at 08:45 AM. Mailed notice (ntf, ) (Entered: 02/24/2006)

MINUTE entry before Judge Geraldine Soat Brown : Status hearing held and continued to 3/23/2006 at 10:30 AM. On that day, primary counsel for both sides shall meet and confer in Judge Brown's jury room to discuss whether the issues in dispute can be narrowed. Mailed notice (rbf, ) (Entered: 03/02/2006)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing held on 3/16/2006. Discovery close date extended to 4/18/2006. Status hearing set for 4/18/2006 at 09:00 AM. Mailed notice (etv, ) (Entered: 03/16/2006)