Case: EEOC v. Kohler Company

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eighth Circuit

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

TITLE VII COMPLAINT with jury demand, no summons issued (cdw) (Entered: 07/09/1999)

WAIVER OF SERVICE OF SUMMONS upon defendant Kohler Company on 8/9/99 (former empl) (Entered: 08/17/1999)

ANSWER by defendant; jury demand (former empl) (Entered: 08/17/1999)

REQUEST by plaintiff for for admissions of fact (bmt) (Entered: 09/07/1999)

RESPONSE by defendant to pltfs first request for admissions of fact [4-1] (former empl) (Entered: 10/04/1999)

NOTICE OF ATTORNEY APPEARANCE for plaintiff by Pamela B. Dixon (bmt) (Entered: 11/02/1999)

CONSENT PROTECTIVE ORDER by Judge Stephen M. Reasoner regarding confidential documents and other material contained in the personnel file(s) of any employee of deft, produced by deft to pltf (cc: all counsel) lej) (Entered: 02/24/2000)

SCHEDULING ORDER (DOC) setting jury trial for 9:30 the week of 10/2/00 in Little Rock, AR; discovery due 8/7/00; pretrial info sheet & motions are due 9/5/00 (cc: all counsel) (former empl) Modified on 05/02/2000 (Entered: 05/01/2000)

NOTICE by plaintiff of taking deposition of Howard Bailey on 5/3/00 (bmt) (Entered: 05/12/2000)

NOTICE by plaintiff of taking deposition of Lyle Tom Brennan on 5/3/00 (bmt) (Entered: 05/12/2000)

NOTICE by plaintiff of taking deposition of Charles Davis on 5/2/00 (bmt) (Entered: 05/12/2000)

NOTICE by plaintiff of taking deposition of John Dickson on 5/2/00 (bmt) (Entered: 05/12/2000)

NOTICE by plaintiff of taking deposition of Richard Mays on 5/2/00 (bmt) (Entered: 05/12/2000)

NOTICE by plaintiff of taking deposition of Rebecca Miller on 5/3/00 (bmt) (Entered: 05/12/2000)

NOTICE by plaintiff of taking deposition of Richard E. May on 7/20/00 (bmt) (Entered: 07/06/2000)

NOTICE by plaintiff of taking deposition of James C. Froud on 7/20/00 (bmt) (Entered: 07/06/2000)

NOTICE by plaintiff of taking deposition of Royce D. Hulsey on 7/20/00 (bmt) (Entered: 07/06/2000)

MOTION by defendant to substitute attorney Steven W. Quattlebaum and the firm of Quattlebaum, Grooms, Tull & Burrow PLLC in place of the firm of Williams and Anderson LLP (bmt) (Entered: 07/21/2000)

ORDER by Judge Stephen M. Reasoner granting motion to substitute attorney Steven W. Quattlebaum and the firm of Quattlebaum, Grooms, Tull & Burrow PLLC in place of the firm of Williams and Anderson LLP [18-1] (cc: all counsel) (former empl) (Entered: 07/25/2000)

MOTION by plaintiff for a settlement conference (bmt) (Entered: 08/22/2000)

ORDER (DOC) jury trial rescheduled for 9:30 2/20/01 in Little Rock ; granting motion for a settlement conference [20-1]; case is referred to Magistrate Judge Jones to conduct a settlement conference (cc: all counsel) (bmt) (Entered: 09/19/2000)

ORDER (DOC) settlement conference scheduled for 9:30 on 11/1/00 before Mag. Judge Jones in Little Rock (cc: all counsel) (bmt) (Entered: 09/27/2000)

CLERK'S MINUTES: Settlement conference was held before U.S. Magistrate Judge Henry L. Jones, Jr. in Little Rock, Arkansas. The parties did not reach an agreement (conference not recorded). CRD Ruthie Wrather. (rmw) Modified on 11/01/2000

MOTION by defendant for summary judgment (bmt) (Entered: 12/07/2000)

BRIEF by defendant in support of motion for summary judgment [23-1] (bmt) (Entered: 12/07/2000)

STATEMENT OF FACTS (Local Rule 56.1) by defendant in support of motion for summary judgment [23-1] (bmt) (Entered: 12/07/2000)

MOTION by EEOC to strike defts mot for summary judgment (former empl) (Entered: 12/12/2000)

RESPONSE by defendant to motion to strike defts mot for summary judgment [26-1] (bmt) (Entered: 12/18/2000)

ORDER by Judge Stephen M. Reasoner denying motion to strike deft's mot for summary judgment [26-1]; pltf is directed to file a resp to the motion for summary judgment [23-1] by 1/22/01 (cc: all counsel) (bmt) (Entered: 01/11/2001)

PRETRIAL DISCLOSURE SHEET by plaintiff; estimated length of trial 2 to 3 days (bmt) (Entered: 01/23/2001)

RESPONSE by plaintiff in opposition to motion for summary judgment [23-1] (bmt) (Entered: 01/23/2001)

RESPONSE by plaintiff to deft's statement of undisputed material facts [25-1] (bmt) (Entered: 01/23/2001)

PRETRIAL DISCLOSURE SHEET by defendant; estimated length of trial 2 to 3 days (bmt) (Entered: 01/23/2001)

MOTION by plaintiff to amend complt to join Rule 19(a) party (bmt) (Entered: 01/23/2001)

RESPONSE by defendant to motion to amend complt to join Rule 19(a) party [33-1] (bmt) (Entered: 01/30/2001)

REPLY by defendant to response to motion for summary judgment [23-1] (bmt) (Entered: 02/01/2001)

REPLY by plaintiff to response to motion to amend complt to join Rule 19(a) party [33-1] (bmt) (Entered: 02/01/2001)

MOTION by defendant in limine regarding the alleged use of racial slurs (bmt) (Entered: 02/07/2001)

BRIEF by defendant in support of motion in limine regarding the alleged use of racial slurs [37-1] (bmt) (Entered: 02/07/2001)

MOTION by defendant in limine regarding comparison employees (bmt) (Entered: 02/07/2001)

BRIEF by defendant in support of motion in limine regarding comparison employees [39-1] (bmt) (Entered: 02/07/2001)

MOTION by defendant in limine regarding policies and procedures (bmt) (Entered: 02/07/2001)

BRIEF by defendant in support of motion in limine regarding policies and procedures [41-1] (bmt) (Entered: 02/07/2001)

MOTION by plaintiff in limine to strike all testimony or documents relating to John Reynolds vs Natural Gas Pipeline (bmt) Modified on 02/08/2001 (Entered: 02/08/2001)

MEMORANDUM by plaintiff in support of motion in limine to strike all testimony or documents relating to John Reynolds vs Natural Gas Pipeline [43-1] (bmt) (Entered: 02/08/2001)

MOTION by plaintiff in limine regarding John Reynolds' absentee records and garnishment (bmt) (Entered: 02/09/2001)

MEMORANDUM by plaintiff in support of motion in limine regarding John Reynolds' absentee records and garnishment [45-1] (bmt) (Entered: 02/09/2001)

RESPONSE and objection by plaintiff to motion in limine regarding the alleged use of racial slurs [37-1] (bmt) (Entered: 02/12/2001)

RESPONSE by plaintiff to motion in limine regarding policies and procedures [41-1] (bmt) (Entered: 02/12/2001)

RESPONSE by plaintiff to motion in limine regarding comparison employees [39-1] (bmt) (Entered: 02/12/2001)

RESPONSE by defendant to motion in limine regarding John Reynolds' absentee records and garnishment [45-1] (bmt) (Entered: 02/13/2001)

BRIEF by defendant in support of response to motion in limine regarding Reynolds' absentee records and garnishment [50-1] (bmt) (Entered: 02/13/2001)

RESPONSE by defendant to motion in limine to strike all testimony or documents relating to John Reynolds vs Natural Gas Pipeline [43-1] (bmt) (Entered: 02/13/2001)

BRIEF by defendant in support of response to motion in limine [52-1] (bmt) (Entered: 02/13/2001)

ORDER by Judge Stephen M. Reasoner denying motion for summary judgment [23-1]; granting in part and denying in part deft's motion in limine regarding the alleged use of racial slurs [37-1]; granting in part and denying in part deft's motion in limine regarding comparison employees [39-1]; granting motion in limine regarding policies and procedures [41-1]; granting motion in limine to strike all testimony or documents relating to John Reynolds vs Natural Gas Pipeline [43-1]; conditionally granting pltf's motion in limine regarding John Reynolds' absentee records and garnishment [45-1]; denying motion to amend complt to join Rule 19(a) party [33-1] (cc: all counsel) (bmt) (Entered: 02/16/2001)

CLERK'S MINUTES: Jury trial began. 12 person jury was selected, sworn and seated. After opening statements, plaintiff's proof began. Court recessed at 5:05 pm, to resume on 2/21/01. (Ct. Reporter: Genie Power) (former empl)

CLERK'S MINUTES: Day 2 of jury trial. Plaintiff's proof continues. Court recessed at 5:15 pm, to resume on 2/22/01. (Ct. Reporter: Genie Power) (former empl)

CLERK'S MINUTES: Day 3 of jury trial. Plaintiff rested; defendant's proof began. Court recessed at 5:20 pm, to resume on 2/23/01. (Ct. Reporter: Genie Power) (former empl)

CLERK'S MINUTES: Day 4 of jury trial; defendant's proof concluded; defendant rested and trial ended, after the Court's final instructions, and closing arguments, the jury retired to deliberate at 11:20 a.m., returning verdicts on interrogatories at 5:50 p.m. Exhibits were returned to the attorneys and receipts obtained. (Ct. Reporter: Genie Power) (former empl) (Entered: 02/26/2001)

VERDICT for plaintiff EEOC against defendant Kohler Company on interrogatories. Int.#1: Do you find that deft discharged John R. Reynolds and that John R. Reynolds' race was a motivating factor in the decision to terminate his employment. Answer: No. (Since answer was "No", Int. #2 did not have to be answered.) (former empl) (Entered: 02/26/2001)

VERDICT - Int. #3: Do you find that deft discharged John R. Reynolds and that John R. Reynolds' complaint of racial discrimination was a motivating factor in the decision to terminate his employment? Answer: Yes. (former empl) (Entered: 02/26/2001)

VERDICT - Int. #4: Has it been proved by the preponderance of the evidence that deft would have discharged John Reynolds regardless of his complaint of racial discrimination? Answer: No. (former empl) (Entered: 02/26/2001)

VERDICT - Int. #5: We, the jury, find John R. Reynolds damages to be: Compensatory: $40,000 Wages & Fringe Benefits; None for Other Damages; and, Punitive: $50,000. (former empl) (Entered: 02/26/2001)

Jury instructions given to the jury by the court. (former empl) (Entered: 02/26/2001)

Jury instructions submitted by Counsel for defendant and refused by Court. (Deft's proferred Instructions Nos. 1 and 2.) (former empl) (Entered: 02/26/2001)

MOTION and memorandum of law by plaintiff for reinstatement and for injunctive relief (bmt) (Entered: 03/01/2001)

JUDGMENT: by Judge Stephen M. Reasoner purs to the jury verdict returned on 2/23/01, judgment is entered in favor of deft & against pltf on the claim of race discrimination; judgment is entered in favor of pltf and against deft on the claim of retaliation and pltf is awarded compensatory damages in the amount of $40,000.00 and punitive damages in the amount of $50,000.00 with interest at the rate of 6.052% until paid; pltf is allowed its costs (cc: all counsel) (bmt) Modified on 03/15/2001 (Entered: 03/06/2001)

MOTION by defendant for judgment as a matter of law, or in the alternative for new trial, or in the further alternative for remittitur (bmt) (Entered: 03/13/2001)

BRIEF by defendant in support of motion for judgment as a matter of law [64-1], or for new trial [64-2], or for remittitur [64-3] (bmt) (Entered: 03/13/2001)

RESPONSE by defendant to motion for reinstatement [62-1] and for injunctive relief [62-2] (bmt) (Entered: 03/15/2001)

BRIEF by defendant in support of response to motion for reinstatement and injunctive relief [66-1] (bmt) (Entered: 03/15/2001)

RESPONSE by plaintiff in opposition to motion for judgment as a matter of law [64-1], for new trial [64-2], or for remittitur [64-3] (bmt) (Entered: 03/28/2001)

REPLY by defendant to response to motions for judgment as a matter of law [64-1],for new trial [64-2] & for remittitur [64-3] (former empl) (Entered: 04/09/2001)

MOTION by plaintiff for costs (bmt) (Entered: 05/07/2001)

MOTION by defendant for reduction of pltf's bill of costs (bmt) (Entered: 05/10/2001)

BRIEF by defendant in support of motion for reduction of pltf's bill of costs [71-1] (bmt) (Entered: 05/10/2001)

RESPONSE by plaintiff to motion for reduction of bill of costs [71-1] (bmt) (Entered: 05/17/2001)

REPLY by defendant to response to motion for reduction of pltf's bill of costs [71-1] (bmt) (Entered: 05/21/2001)

MOTION by plaintiff EEOC requesting a status conference (former empl) (Entered: 11/14/2001)

SUPPLEMENTAL BRIEF by defendant in support of motion for judgment as a matter of law [64-1], for new trial [64-2], or in the alternative, for remittitur [64-3] (bmt) (Entered: 02/27/2002)

RESPONSE by plaintiff in opposition to deft's supplemental brief in support of its motion for judgment as a matter of law or, in the alternative, for a new trial or, in the further alternative, for remittitur [76-1] (bmt) (Entered: 03/12/2002)

REPLY by defendant to pltf's response to supplemental brief in support of deft's motion for judgment as a matter of law or, in the alternative, for a new trial or, in the further alternative for remittitur [77-1] [76-1] (bmt) (Entered: 03/20/2002)

ORDER by Judge Stephen M. Reasoner granting motion for judgment as a matter of law [64-1]; finding the motions for new trial [64-2], for remittitur [64-3], for reinstatement [62-1], for injunctive relief [62-2], for costs [70-1], and for reduction of pltf's bill of costs moot [71-1] (cc: all counsel) (bmt) (Entered: 03/28/2002)

JUDGMENT AS A MATTER OF LAW: by Judge Stephen M. Reasoner purs to the Order entered this date and FRCP Rule 50(b)(1)(C), judgment is entered as a matter of law in favor of deft and against pltf on pltf's retaliation claim and pltf's complt is dism w/prej; judgment on the retaliation claim entered on 3/5/01 purs to the jury verdict is set aside (cc: all counsel) (bmt) (Entered: 03/28/2002)

MOTION by defendant for costs (bmt) (Entered: 04/02/2002)

OBJECTIONS by plaintiff to motion for costs [81-1] (bmt) (Entered: 04/16/2002)

REPLY by defendant to objection to motion for costs [81-1] (bmt) (Entered: 04/22/2002)

COURT REPORTER'S TRANSCRIPT of trial held before Judge Stephen M. Reasoner on 2/20/01 (volume 1) (bmt) (Entered: 05/08/2002)

COURT REPORTER'S TRANSCRIPT of trial held before Judge Stephen M. Reasoner on 2/21/02 (volume 2) (bmt) (Entered: 05/08/2002)

COURT REPORTER'S TRANSCRIPT of trial held before Judge Reasoner on 2/22/01 (volume 3) (bmt) (Entered: 05/08/2002)

COURT REPORTER'S TRANSCRIPT of trial held before Judge Reasoner on 2/23/01 (volume 4) (bmt) (Entered: 05/08/2002)

NOTICE of appeal by plaintiff EEOC from District Court decision [79-1], [80-1] (2 certified copies to Clerk 8USCA), (cc: counsel) (dac) (Entered: 05/24/2002)

ORDER by Judge Stephen M. Reasoner granting motion for costs [81-1]; cost are assessed against pltf in the amount of $516.55; finding the motion requesting a status conference moot [75-1] (cc: all counsel) (bmt) (Entered: 05/29/2002)

DOCKETING LETTER: 8 USCA Number 02-2447; counsel to proceed on appendix (dac)

MOTION by plaintiff EEOC to stay taxing costs until matter is resolved by the 8th Cir (dac) (Entered: 06/18/2002)

RESPONSE by defendant Kohler Company to motion to stay taxing costs until matter is resolved by the 8th Cir [90-1] (dac) (Entered: 07/01/2002)

REPLY by plaintiff to response to motion to stay taxing costs until matter is resolved by the 8th Cir [90-1] (jap) (Entered: 07/10/2002)

ORDER by Judge Stephen M. Reasoner granting motion to stay taxing costs until matter is resolved by the 8th Cir [90-1] (cc: all counsel) (bmt) (Entered: 08/12/2002)

DOCKET NOTE: 2 volumes of original files; 4 volumes transcripts; one expanding folder doc #23 forwarded to 8USCA, per telephone request of Scott, Records Manager (dac)

Opinion (8USCA) we reverse the District Court's grant of judgment as a matter of law, reinstate the jury's verdict, and remand for further proceedings consistent with this opinion (dac) (Entered: 09/22/2003)