Case: EEOC v. Heartway Corporation, d/b/a/ York Manor Nursing Center

EEOC, et al v. Heartway Corporation

EEOC, et al. v. Heartway Corporation

EEOC, et al v. Heartway Corporation

No Court

EEOC, et al v. Heartway Corporation

U.S. Court of Appeals for the Tenth Circuit

EEOC, et al v. Heartway Corporation

EEOC, et al v. Heartway Corporation

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT with jury trial demanded (acg, Deputy Clerk) (Entered: 09/29/2003)

PRAECIPE and issuing one summons: by plaintiff (acg, Deputy Clerk) (Entered: 09/29/2003)

MINUTE ORDER: In accordance with Misc. Order No. 03-06 which became effective for cases filed after 9/1/03, this case has been assigned to United States Magistrate Judge Steven P. Shreder for all purposes, including final disposition, subject to the consent of the parties to this action. As a result, it is ordered that: (1) Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, the parties are to meet as soon as practicable but not later than 14 days prior to the Status and Scheduling Conference to discuss the nature and basis of claims and defenses. The parties are directed to file with the Clerk of the Court a written report of such meeting at least four (4) days prior to the Status and Scheduling Conference. The attached form, if completed and filed, satisfies this requirement. (2) Prior to the Status and Scheduling Conference, counsel must consult with their respective client(s) concerning the possibility of early settlement and be prepared to discuss the status of settlement at the Conference. (3) A Status and Scheduling Conference shall be conducted in this case on 10/24/03 at 11:20 a.m., before United States Magistrate Judge Steven P. Shreder, Third Floor Hearing Room, U.S. Courthouse, Fifth & Okmulgee Streets, Muskogee, Oklahoma. (4) The parties are required to file the consent election form within twenty (20) days after service. Counsel shall be prepared to discuss the status of this election at the Status and Scheduling Conference. Should the parties choose not to consent to proceed before the United States Magistrate Judge, the case will immediately be returned to the case draw for the random assignment of a United States District Judge. However, even if the parties do not consent to proceed before the United States Magistrate Judge, the Status and Scheduling Conference shall be conducted as noticed before the United States Magistrate Judge utilizing the Scheduling Order of the assigned United States District Judge. AS A RESULT, A REQUEST FOR CONTINUANCE OF THE STATUS AND SCHEDULING CONFERENCE SET BEFORE THE UNITED STATES MAGISTRATE JUDGE WILL NOT BE ENTERTAINED IF IT IS BASED SOLELY UPON THE FACT THAT THE PARTIES DO NOT CONSENT TO PROCEED BEFORE THE UNITED STATES MAGISTRATE JUDGE. (SPS) (cc: all counsel) (cjt, Deputy Clerk) (Entered: 09/30/2003)

CONSENT TO JURISDICTION by U.S. Magistrate Judge by plaintiff with certificate of service thereon (cjt, Deputy Clerk) (Entered: 10/15/2003)

MOTION by defendant for attorney Jeffrey C. Tasker to appear pro hac vice ; response deadline 11/5/03 (cjt, Deputy Clerk) (Entered: 10/21/2003)

REQUEST by defendant for automatic extension of time to answer or otherwise plead ; response deadline 11/5/03 (cjt, Deputy Clerk) (Entered: 10/21/2003)

MINUTE ORDER: granting defendant's request for automatic extension of time to answer or otherwise plead [6-1]. Defendant is granted until 11/7/03 in which to answer or otherwise plead. (CLERK) (cc: all counsel) (cjt, Deputy Clerk) (Entered: 10/21/2003)

DISTRICT JUDGE OPTION by defendant Heartway Corporation with certificate of service thereon (cjt, Deputy Clerk) (Entered: 10/21/2003)

MINUTE ORDER: REASSIGNING this case to District Judge Ronald A. White. All documents filed in this case in the future shall reflect the assignment to U.S. District Judge Ronald A. White (e.g. CIV-03-534-WH). (CLERK) (cc: all counsel) (cjt, Deputy Clerk) (Entered: 10/21/2003)

PRO HAC VICE FEE PAID. Filed by defendant Heartway Corporation , for counsel Jeffrey C. Tasker in the amount of $50.00, receipt # 141151. (cjt, Deputy Clerk) (Entered: 10/21/2003)

NOTICE: Pursuant to the Order entered 10/21/03 reassigning this case to District Judge Ronald A. White, the Status and Scheduling Conference is RESET to 10/24/03 at 11:00 a.m. before Judge Ronald A. White at the U.S. Courthouse, 5th and Okmulgee Streets, Muskogee, OK (cc: all counsel) (cjt, Deputy Clerk) (Entered: 10/22/2003)

CD # 2 deposited on 10/23/03 in the amount of $ 50.00 (smg, Deputy Clerk) (Entered: 10/28/2003)

SCHEDULING ORDER by Judge Ronald A. White ; Joinder of Additional Parties or Amendments to the Pleadings 1/02/04; Exchange and File Witness and Exhibit Lists By 5/04/04; Discovery Completed By 6/18/04; All Dispositive Motions Filed By 6/11/04; Motions in Limine and Daubert Issues Filed By 7/01/04; Written Settlement Report Filed By 6/25/04; Exchange Premarked Trial Exhibits By 7/08/04; Exchange all Demonstrative Aids By 7/08/04; Disputed Deposition/Videotape/Interrogatory Designations By 7/10/04; Counter-Designations By 7/08/04; Parties to Exchange Requested Jury Instructions By 7/01/04; Agreed Jury Instructions, Proposed Findings of Fact and Conclusions of Law (Non-Jury), Disputed Jury Instructions issues to be addressed in trial briefs and Trial Briefs Filed By 7/08/04; Agreed Pretrial Order due 7/08/04; Pretrial Conference 7/15/04; Jury Trial Date 8/02/04. Estimated length of trial 3 days. Additionally counsel requested settlement conference be set during the first two weeks of March, 2004. (RAW) (law, Deputy Clerk) Modified on 12/16/2003 (Entered: 10/27/2003)

REPORT OF RULE 26 MEETING (law, Deputy Clerk) (Entered: 10/27/2003)

STATUS AND SCHEDULING CONFERENCE before the Honorable Ronald A. White. Plaintiff present by counsel Holly Waldron Cole. Defendant present by counsel Ronald E. Goins. Courtroom deputy: lw. No court reporter present. Counsel advised Court of facts and circumstances as well as legal issues surrounding case. (SEE SCHEDULING ORDER ENTERED BELOW. Additionally counsel requested settlement conference be set during the first two weeks of March, 2004.) (law, Deputy Clerk) (Entered: 10/27/2003)

PRAECIPE: filed by plaintiff and issuing one summons (law, Deputy Clerk) (Entered: 10/27/2003)

MINUTE ORDER: Defendant's Motion for Admission for Pro Hac Vice for attorney Jeffrey C. Tasker filed 10/21/03 [5-1] is hereby GRANTED. (RAW) (cc: all counsel) (law, Deputy Clerk) (Entered: 10/28/2003)

NOTICE setting Pretrial Conference for 7/15/04 at 10:00 a.m. (Pretrial Order ddl 7/8/04) and Jury Trial for 8/2/04 at 9:00 a.m. before Judge Ronald A. White at the U.S. Courthouse, 5th and Okmulgee Streets, Muskogee, OK (cc: all counsel) (law, Deputy Clerk) (Entered: 10/28/2003)

SETTLEMENT CONFERENCE ORDER setting case for Settlement Conference before Mag Judge Kimberly E. West at 9:00 a.m. on 3/8/04; Settlement Statements due 2/23/04 (cc:all counsel) sjw, Deputy Clerk) (Entered: 10/31/2003)

ANSWER by defendant to plaintiff's complaint [1-1] (law, Deputy Clerk) (Entered: 11/10/2003)

UNOPPOSED MOTION by plaintiff to extend deadline for joinder or amendment ; response deadline 12/30/03 (dma, Deputy Clerk) (Entered: 12/15/2003)

UNOPPOSED MOTION by plaintiff to reschedule settlement conference ; response deadline 12/30/03 (dma, Deputy Clerk) (Entered: 12/15/2003)

ORDER by Judge Ronald A. White granting plaintiff's unopposed motion to extend deadline for joinder or amendment [17-1]. Accordingly, the joinder or amendment deadline is moved from 1/2/04 to 2/2/04. (cc: all counsel) (dma, Deputy Clerk) (Entered: 12/16/2003)

MINUTE ORDER: granting motion of plaintiff to reschedule settlement conference [18-1] ; Settlement conference RESET to 3/18/04 at 9:00 a.m. KEW (cc: all counsel) sjw, Deputy Clerk) (Entered: 12/19/2003)

MINUTES: SETTLEMENT CONF. held by Mag. Judge Kimberly West. Plaintiff Janet Edwards was present with her mother Erline Edwards and was represented by counsel Toby Costas and Holly Cole. Defendant was present by Representative C.J. Prater and was represented by counsel Jeffrey Tasker. Conference concluded WITHOUT settlement. sjw, Deputy Clerk) (Entered: 03/22/2004)

EXHIBIT list submitted by defendant (dma, Deputy Clerk) (Entered: 05/03/2004)

WITNESS list submitted by defendant (dma, Deputy Clerk) (Entered: 05/03/2004)

WITNESS and exhibit lists submitted by plaintiff (law, Deputy Clerk) (Entered: 05/10/2004)

MOTION by plaintiff Equal Employment Opportunity Commission to amend the complaint to add defendants and brief in support ; response deadline 6/24/04 (law, Deputy Clerk) (Entered: 06/09/2004)

MOTION by plaintiff for summary judgment ; response deadline 6/29/04 and BRIEF in support of same (trl, Deputy Clerk) (Entered: 06/14/2004)

MOTION by defendant Heartway Corporation for summary judgment ; response deadline 6/29/04 (law, Deputy Clerk) (Entered: 06/14/2004)

APPENDIX filed by defendant Heartway Corporation in support of motion for summary judgment (law, Deputy Clerk) (Entered: 06/14/2004)

MOTION by plaintiff Equal Employment Opportunity Commission to compel ; response deadline 7/6/04 (law, Deputy Clerk) (Entered: 06/18/2004)

MINUTE ORDER: ENTERING ORDER directing defendant file an EXPEDITED response to plaintiff's motion to extend discovery deadline filed 6/18/04 [28-1] no later than 6/24/04. (RAW) (cc: all counsel) (law, Deputy Clerk) (Entered: 06/18/2004)

SETTLEMENT REPORT by defendant Heartway Corporation (law, Deputy Clerk) (Entered: 06/25/2004)

EXPEDITED RESPONSE and objection by defendant to plaintiff Equal Employment Opportunity Commission's motion to extend discovery deadline [28-1] ; reply deadline 7/6/04 (law, Deputy Clerk) (Entered: 06/25/2004)

RESPONSE by defendant Heartway Corporation in opposition to EEOC's motion to amend complaint and add defendants [24-1] ; reply deadline 7/6/04 (law, Deputy Clerk) (Entered: 06/25/2004)

MINUTE ORDER: ENTERING ORDER directing defendant file an EXPEDITED response to plaintiff's motion to compel [29-1] no later than 7/2/04. In addition, counsel is directed to submit to the Court for in camera review the personnel file of Mitchell Townsend by 7/2/04. (RAW) (cc: all counsel) (law, Deputy Clerk) (Entered: 06/25/2004)

SUBMISSION OF ORIGINAL AFFIDAVIT of Ronald Goins (law, Deputy Clerk) (Entered: 06/28/2004)

SETTLEMENT REPORT by plaintiff EEOC (dma, Deputy Clerk) (Entered: 06/29/2004)

RESPONSE and OBJECTION by plaintiff to defendant's motion for summary judgment [26-1]; reply deadline 7/12/04 (dma, Deputy Clerk) (Entered: 06/29/2004)

SUBMISSION OF ORIGINAL AFFIDAVIT of Clarence Prater, Jr. (law, Deputy Clerk) (Entered: 06/30/2004)

SUBMISSION OF ORIGINAL AFFIDAVIT of Kenneth B. Ross (law, Deputy Clerk) (Entered: 06/30/2004)

RESPONSE BRIEF by defendant Heartway Corporation in opposition to plaintiff Equal Employment Opportunity Commission's motion for summary judgment [25-1] ; reply deadline 7/12/04 (law, Deputy Clerk) (Entered: 06/30/2004)

UNOPPOSED MOTION by plaintiff for protective order ; response deadline 7/15/04 (law, Deputy Clerk) (Entered: 06/30/2004)

MOTION by plaintiff EEOC to withdraw motion to compel ; response deadline 7/15/04 (law, Deputy Clerk) (Entered: 06/30/2004)

DEPOSITION DESIGNATIONS by plaintiff EEOC (law, Deputy Clerk) (Entered: 06/30/2004)

AGREED PROTECTIVE ORDER by Judge Ronald A. White [41-1] (cc: all counsel) (law, Deputy Clerk) (Entered: 07/01/2004)

MINUTE ORDER: ENTERING ORDER granting plaintiff's motion to withdraw motion to compel [42-1]. Accordingly, plaintiff's motion to compel filed 6/18/04 [29-1] is hereby deemed WITHDRAWN. (RAW) (cc: all counsel) (law, Deputy Clerk) (Entered: 07/01/2004)

MOTION by defendant to exclude testimony of plaintiff's expert witnesses, Elvira Sisolak and Miriam Alter , and MOTION in limine ; response deadline 7/16/04 (nrh, Deputy Clerk) (Entered: 07/01/2004)

RESPONSE by defendant Heartway Corporation to plaintiff Equal Employment Opportunity Commission's motion in limine [43-1] ; reply deadline 7/13/04 (law, Deputy Clerk) (Entered: 07/05/2004)

ORDER by Judge Ronald A. White that the Plaintiff Equal Employment Opportunity Commission's motion to amend the complaint and add defendants is DENIED on the grounds that the motion was untimely and without good cause. [24-1] (cc: all counsel) (acg, Deputy Clerk) Modified on 07/15/2004 (Entered: 07/08/2004)

ORDER by Judge Ronald A. White denying motion to extend discovery deadline [28-1] (cc: all counsel) (acg, Deputy Clerk) (Entered: 07/08/2004)

DEPOSITION DESIGNATIONS of defendant Heartway Corporation. (pyb, Deputy Clerk) Modified on 07/09/2004 (Entered: 07/09/2004)

TRIAL brief submitted by defendant Heartway Corporation (pyb, Deputy Clerk) (Entered: 07/09/2004)

PROPOSED JURY INSTRUCTIONS AND VERDICT FORM submitted by plaintiff EEOC (pyb, Deputy Clerk) (Entered: 07/09/2004)

PROPOSED JURY INSTRUCTIONS submitted by defendant Heartway Corporation (pyb, Deputy Clerk) (Entered: 07/09/2004)

AGREED PROPOSED JURY INSTRUCTIONS AND VERDICT FORM submitted by plaintiff and defendant (pyb, Deputy Clerk) (Entered: 07/09/2004)

REPLY by defendant Heartway Corporation to response to motion for summary judgment [26-1] (pyb, Deputy Clerk) (Entered: 07/09/2004)

OBJECTION by defendant Heartway Corporation to plaintiff's designations of the deposition of C.J. Prater and counter-deposition designations (law, Deputy Clerk) (Entered: 07/12/2004)

OBJECTION by defendant Heartway Corporation to plaintiff designations of the deposition of Miriam Alter and counter-deposition designations (law, Deputy Clerk) (Entered: 07/12/2004)

REPLY by plaintiff Equal Employment Opportunity Commission to defendant Heartway Corporation's response to EEOC's motion for summary judgment and appendix thereto [25-1] (law, Deputy Clerk) (Entered: 07/13/2004)

APPENDIX filed by plaintiff Equal Employment Opportunity Commission to its reply to defendant Heartway Corporation's response to EEOC's motion for summary judgment (law, Deputy Clerk) (Entered: 07/13/2004)

RESPONSE by plaintiff Equal Employment Opportunity Commission to defendant's motion to exclude testimony of plaintiff's expert witnesses Elvira Sisolak and Miriam Alter [47-1] and motion in limine [47-2] ; reply deadline 7/26/04 (law, Deputy Clerk) (Entered: 07/15/2004)

MINUTE ORDER: ENTERING ORDER denying plaintiff's motion for summary judgment [26-1] and denying defendant's motion for summary judgment [25-1]. Plaintiff's counsel is directed to draft a proposed order reflecting the Court's findings at the pretrial conference and submit the proposed order to the Court by 8/9/04. (RAW) (cc: all counsel) (law, Deputy Clerk) (Entered: 07/16/2004)

MINUTE ORDER: ENTERING ORDER granting in part and denying in part plaintiff's motion in limine as follows: (1) granted as to how Janet Edwards contracted Hepatitis C; (2) provisionally denied as to any arrest or alleged criminal record of Janet Edwards; (3) provisionally denied as to the circumstances of Mitzi Edwards' employment with defendant and other work history; and (4) granted as to Mitzi Edwards' workers compensation claim and arrests. [43-1] (RAW) (cc: all counsel) (law, Deputy Clerk) (Entered: 07/16/2004)

NOTICE: Jury selection ONLY will be conducted on 8/3/04 at 10:00 a.m. before Judge Steven P. Shreder and jury trial will commence on 8/16/04 at 9:00 a.m. before Judge Ronald A. White at the U.S. Courthouse, 5th and Okmulgee Streets, Muskogee, OK. (cc: all counsel) (law, Deputy Clerk) (Entered: 07/16/2004)

PRETRIAL CONFERENCE before Judge Ronald A. White. Plaintiff present by counsel Toby W. Costas and Holly Waldron Cole. Defendant present by counsel Jeffrey C. Tasker and Ronald E. Goins. Courtroom deputy: lw. No court reporter present. Court addressed trial schedule and inquired of counsel if they would consent to a magistrate judge conducting jury selection on 8/2/04. Counsel for plaintiff advised they wished to waive jury trial. Counsel for defendant would not agree to waiver of jury trial. Both parties had no objection to jury selection by a magistrate judge. Counsel anticipates 2-3 days to try the case. Court will set jury trial for 8/16/04 at 9:00 a.m. Court advised counsel they will receive further notice regarding jury selection. Court addressed pending motions for summary judgment. ENTERING ORDER DENYING plaintiff's motion for summary judgment and DENYING defendant's motion for summary judgment. Plaintiff's counsel directed to draft proposed order reflecting court's findings and submit to the Court by 8/9/04. (RAW) Court addressed proposed pretrial order and revisions. Court addressed plaintiff's pending motion in limine. ENTERING ORDER granting in part and denying in part plaintiff's motion in limine as follows: (1) granted as to how Janet Edwards contracted Hepatitis C; (2) provisionally denied as to any arrest or alleged criminal record of Janet Edwards; (3) provisionally denied as to the circumstances of Mitzi Edwards' employment with defendant and other work history; and (4) granted as to Mitzi Edwards' workers compensation claim and arrests. (RAW) Court addressed deposition designations and directed counsel to revise and resubmit to the Court with color-coding and objections reflected in the margins by 8/3/04. Court further advised if there are too many objections for the Court to review counsel will be required to make their objections to the deposition in open court while the deposition is being read into the record. Court further addressed defendant's pending motions in limine. Court will not enter an order regarding this until these motions are at issue. Court addressed plaintiff's request for injunctive relief. Plaintiff directed to brief this issue by 8/3/04. Defendant may respond by 8/9/04. Court further addressed pretrial order revisions and trial exhibits and directed counsel to submit their revised pretrial order and the parties exhibits by 8/9/04. Plaintiff's counsel advised they would be able to present Elvira Sisolak for Daubert hearing if the Court would so desire. Court will advise. (RAW) (law, Deputy Clerk) (Entered: 07/16/2004)

REPLY BRIEF by defendants in support of motion to exclude testimony of plaintiff's expert witnesses, Elvira Sisolak and Miriam Alter [47-1], and motion in limine [47-2] (law, Deputy Clerk) (Entered: 07/27/2004)

UNOPPOSED MOTION by plaintiff Equal Employment Opportunity Commission for continuance of trial ; response deadline 8/16/04 (law, Deputy Clerk) (Entered: 07/30/2004)

MINUTE ORDER: ENTERING ORDER denying plaintiff Equal Employment Opportunity Commission's unopposed motion for continuance of trial filed 7/30/04 [65-1]. (RAW) (cc: all counsel) (law, Deputy Clerk) (Entered: 08/03/2004)

BRIEF by plaintiff Equal Employment Opportunity Commission regarding equitable relief (law, Deputy Clerk) (Entered: 08/03/2004)

JURY TRIAL MINUTES before U.S. Magistrate Judge Steven P. Shreder. Plaintiff present in person and by counsel Holly Waldron Cole and Toby W. Costas. Defendant present by counsel Jeffrey Tasker and Ronald Goins. Legal Assistant Shannon Brasseaux also present. Court Reporter: mb. Courtroom Deputy: ct. Parties announce ready. Court advised jury selection only today, with jury trial to start before Honorable Ronald A. White on 8/16/04 at 9:00 a.m. 20 jurors present and sworn. Preliminary instructions and general voir dire by the Court. Plaintiff's and defendant's voir dire. 8 jurors chosen. Jurors excused and told to report back at 8:45 a.m. on 8/16/04. (SPS) (cjt, Deputy Clerk) (Entered: 08/05/2004)

ORDER by Judge Ronald A. White granting in part and denying in part defendant's motion to exclude testimony of plaintiff's expert witnesses Elvira Sisolak and Miriam Alter [47-1], [47-2] (cc: all counsel) (law, Deputy Clerk) (Entered: 08/04/2004)

Submission of Deposition Designations (law, Deputy Clerk) (Entered: 08/04/2004)

UNOPPOSED MOTION by plaintiff Equal Employment Opportunity Commission for reconsideration of denial of continuance ; response deadline 8/23/04 (law, Deputy Clerk) (Entered: 08/06/2004)

ORDER by Judge Ronald A. White denying plaintiff's unopposed motion for reconsideration of denial of continuance [70-1] (cc: all counsel) (dma, Deputy Clerk) (Entered: 08/10/2004)

ORDER by Judge Ronald A. White denying plaintiff's motion for summary judgment [26-1] and denying defendant's motion for summary judgment [25-1] (cc: all counsel) (law, Deputy Clerk) (Entered: 08/10/2004)

MOTION by plaintiff for leave to list witness and submit deposition designations ; response deadline 8/26/04 (law, Deputy Clerk) (Entered: 08/11/2004)

MINUTE ORDER: ENTERING ORDER granting plaintiff's motion to submit deposition designations for Charles Morton out of time and granting motion to add a records custodian witness. Defendant is ordered to submit counter- designations of Morton's deposition and objections by 8/13/04 at 12:00 Noon. Defendant is also granted leave to depose the custodian of records. (RAW) (cc: all counsel) (law, Deputy Clerk) (Entered: 08/11/2004)

Plaintiff EEOC's Deposition Designations (law, Deputy Clerk) (Entered: 08/11/2004)

ORDER by Judge Ronald A. White directing plaintiff submit a revised pretrial order with the required information for the other categories of damages by 8/13/04 at 12:00 Noon (cc: all counsel) (law, Deputy Clerk) (Entered: 08/11/2004)

Submission of Deposition Designations by defendant (law, Deputy Clerk) (Entered: 08/13/2004)

PRE-TRIAL ORDER by Judge Ronald A. White (cc: all counsel) (law, Deputy Clerk) (Entered: 08/16/2004)

Plaintiff's Objections to Defendant's Counter-Designations of Charles Morton's Deposition (law, Deputy Clerk) (Entered: 08/16/2004)

FURTHER JURY TRIAL before the Honorable Ronald A. White. Plaintiff present by counsel Toby W. Costas and Holly Waldron Cole. Defendant present by counsel Jeffrey C. Tasker and Ronald E. Goins. Courtroom deputy: lw. Court reporter: km. Court addressed with counsel the pretrial order, the stipulated facts, the parties' exhibits, deposition designations and the Court's rulings as to the parties objections to the deposition designations and proposed jury instructions. Plaintiff requested rule of sequestration be invoked. GRANTED. (RAW)(JURY IN) Jury sworn. Court gave preliminary instructions to jury. Opening statements by counsel. Plaintiff's evidence. (JURY OUT) Court addressed remaining schedule with counsel. ENTERING ORDER continuing said cause until 8/17/04 at 8:45 a.m. (RAW) (law, Deputy Clerk) (Entered: 08/16/2004)

JURY INSTRUCTIONS by the Court (law, Deputy Clerk) (Entered: 08/17/2004)

VERDICT for plaintiff against defendant (law, Deputy Clerk) (Entered: 08/17/2004)

MINUTE ORDER: ENTERING ORDER directing the parties withdraw their respective trial exhibits. (RAW) (cc: all counsel) (law, Deputy Clerk) (Entered: 08/17/2004)

FURTHER JURY TRIAL before the Honorable Ronald A. White. Plaintiff present by counsel Toby W. Costas and Holly Waldron Cole. Defendant present by counsel Jeffrey C. Tasker and Ronald E. Goins. Courtroom deputy: lw. Court finding plaintiff's offer of proof of evidence outside the scope. (RAW) (JURY IN) Plaintiff's evidence continues. Plaintiff rests. (JURY OUT) Defendant moves for judgment as a matter of law pursuant to Rule 50 of the Federal Rules of Civil Procedure. Plaintiff responds. ENTERING ORDER denying defendant's motion for judgment as a matter of law except as to the issue of punitive issues. That portion of defendant's motion is granted. (RAW) Court reviews jury instructions with counsel. (JURY IN) Defendant rests. Defendant renews previous motion made out of presence of jury. Motion overruled. (RAW) Court reads instructions to jurors. Closing arguments by counsel. Jurors retire to deliberate in charge of sworn bailiff at 11:35 a.m. (JURYOUT) Court reviews the parties' exhibits prior to submission to the jury. Jury returns into open court at 1:24 p.m. VERDICT: (1) finding by a preponderance of evidence that defendant discriminated against Janet Edwards due to perceived disability; (2) directing $30,000.00 be awarded to Janet Edwards for lost back pay; (3) finding by a preponderance of the evidence that Janet Edwards is entitled to an award of compensatory damages; (4) directing $20,000.00 be awarded to Janet Edwards to compensate her as a result of the damages she suffered and/or will suffer in the future. (SEE VERDICT FORM FILED THIS DATE.) Jury polled by the Court. Jury excused. Both counsel for defendant and plaintiff advised the Court of post-judgment motions they anticipate filing. (RAW) (law, Deputy Clerk) (Entered: 08/17/2004)

TRANSCRIPT filed of jury trial (Volume I of II) (law, Deputy Clerk) (Entered: 08/26/2004)

POST-TRIAL BRIEF by defendant Heartway Corporation d/b/a York Manor Nursing Center regarding equitable relief (law, Deputy Clerk) (Entered: 08/28/2004)

MOTION by plaintiff for entry of judgment for injunctive relief ; response deadline 9/15/04 (dma, Deputy Clerk) (Entered: 08/31/2004)

RESPONSE by defendant Heartway Corporation to plaintiff Equal Employment Opportunity Commission's motion for entry of judgment for injunctive relief [85-1] ; reply deadline 9/27/04 (law, Deputy Clerk) (Entered: 09/15/2004)

ORDER by Judge Ronald A. White directing defendant pay $20,000.00 in compensatory damages as determined by the jury, directing defendant pay $1,240.00 in back pay to Ms. Edwards, denying plaintiff's motion for permanent injunction [85-1] and denying plaintiff's request for front pay (cc: all counsel) (law, Deputy Clerk) (Entered: 10/19/2004)

JUDGMENT: by Judge Ronald A. White as follows: (1) Plaintiff have judgment together with post-judgment interest at the prescribed rate; (2) Plaintiff have judgment against Defendant for back pay in the amount of $1,240.00 without interest; (3) Plaintiff take nothing against Defendant for front pay; and (4) Plaintiff's request for injunctive relief is denied. (cc: all counsel) (law, Deputy Clerk) (Entered: 10/19/2004)

MOTION by plaintiff to amend judgment ; response deadline 11/15/04 (dma, Deputy Clerk) (Entered: 10/29/2004)

MOTION by defendant for judgment notwithstanding the verdict pursuant to Federal Rule of Civil Procedure 50(b) ; response deadline 11/17/04 (dma, Deputy Clerk) (Entered: 11/03/2004)

RESPONSE by defendant to plaintiff EEOC's motion to amend judgment [89-1] ; reply deadline 11/26/04 (law, Deputy Clerk) (Entered: 11/15/2004)

RESPONSE and objection by plaintiff EEOC to defendant's motion for judgment notwithstanding the verdict [90-1] ; reply deadline 11/29/04 (law, Deputy Clerk) (Entered: 11/17/2004)