Case: EEOC v. Checkers Drive-In Restaurants, Inc.

EEOC v. Checkers Drive-In

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT for injunctive relief sought and Title 7 of the Civil Rights Act filed; jury demand. Filing fee waived. (snp) (Entered: 03/27/2003)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Mark A. Pizzo (snp) (Entered: 03/27/2003)

SUMMONS issued for Checkers Drive-In. Consent issued. (snp) (Entered: 03/27/2003)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Mark A. Pizzo (snp)

SUMMONS issued for Checkers Drive-In. Consent issued. (snp)

NOTICE of expected deadlines. (rjc) (Entered: 04/01/2003)

NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (rjc) (Entered: 04/01/2003)

NOTICE of filing notice of compliance with Local Rule 3.05 by EEOC (rm) (Entered: 04/22/2003)

CERTIFICATE OF SERVICE (Notice of Compliance) of [3-1] track 2 notice by EEOC (rm) (Entered: 04/22/2003)

MOTION by Stephanie P. Credit, Inelia Pino-King with memorandum in support to intervene as plaintiffs . Proposed original complaint in intervention attached. (jab) (Entered: 05/13/2003)

MOTION by Checkers Drive-In with memorandum in support to dismiss complaint or, in the alternative, to stay this action (jlg) (Entered: 05/20/2003)

RESPONSE by Checkers Drive-In in opposition to [6-1] motion to intervene as plaintiffs (rm) (Entered: 05/28/2003)

RESPONSE by EEOC in opposition to [7-1] motion to dismiss complaint, [7-2] motion to stay this action. (jab) (Entered: 06/09/2003)

NOTICE of withdrawal of motion to intervene on behalf of Inelia Pino-King (rm) (Entered: 06/24/2003)

ORDER granting [6-1] motion to intervene as plaintiffs, Ms. Credit is directed to file her complaint in intervention within 11 days, set intervention complaint deadline at 10/6/03 for Stephanie P. Credit (Signed by Judge Susan C. Bucklew) ctc (rm) (Entered: 09/17/2003)

ORDER denying [7-1] motion to dismiss complaint, denying [7-2] motion to stay this action (Signed by Judge Susan C. Bucklew) ctc (rm) (Entered: 09/17/2003)

INTERVENOR'S COMPLAINT by Stephanie P. Credit against Checkers Drive-In; jury demand (ch) (Entered: 09/25/2003)

ANSWER AND AFFIRMATIVE DEFENSES to [1-1] complaint by Checkers Drive-In; jury demand. (eec) (Entered: 09/30/2003)

MOTION by Checkers Drive-In with memorandum in support to dismiss [13-1] intervenor's complaint (bls) (Entered: 10/15/2003)

RESPONSE by Stephanie P. Credit to [15-1] motion to dismiss [13-1] intervenor's complaint (bls) (Entered: 11/03/2003)

STIPULATION permitting Inelia Pino-King to intervene by defendant Checkers Drive-In, movant Inelia Pino-King . (wlb) (Entered: 11/05/2003)

ORDER granting [6-1] motion to intervene as plaintiffs ( Signed by Judge Susan C. Bucklew ) ctc (bls) (Entered: 11/12/2003)

INTERVENOR'S COMPLAINT by Stephanie P. Credit, Inelia Pino-King against Checkers Drive-In (bls) (Entered: 11/12/2003)

DEADLINE updated; set answer due to intervenor's complaint for 12/3/03 for Checkers Drive-In (bls) (Entered: 11/12/2003)

DEADLINE updated; set answer due to intervenor's complaint for 12/3/03 for Checkers Drive-In (bls)

UNOPPOSED MOTION by EEOC (unopposed) to substitute counsel (John C. Weaver, Esq., in place of Kenneth L. Gillespie, Esq.) (ag) (Entered: 11/18/2003)

ORDER granting [20-1] consent motion to substitute counsel (John C. Weaver, Esq., in place of Kenneth L. Gillespie, Esq.) ( Signed by Judge Susan C. Bucklew ) ctc (jab) (Entered: 11/21/2003)

MOTION by Checkers Drive-In with memorandum in support to dismiss the complaint in intervention of Inelia Pino-King (ch) (Entered: 11/24/2003)

RESPONSE by Inelia Pino-King to [22-1] motion to dismiss the complaint in intervention of Inelia Pino-King. (jab) (Entered: 12/10/2003)

NOTICE of filing case management report by EEOC, Checkers Drive-In, Stephanie P. Credit, Inelia Pino-King (mrh) (Entered: 12/23/2003)

CASE MANAGEMENT REPORT (mrh) (Entered: 12/23/2003)

ORDER setting preliminary pretrial. Response to standard interrogatories due 1/27/04 for plaintiff and due 2/4/04 for defendant. Preliminary pretrial conference set for 8:30 2/11/04. Scheduled for Judge Susan C. Bucklew. ( Signed by Deputy Clerk ) ctc (mrh) (Entered: 01/07/2004)

CERTIFICATE OF SERVICE of [26-1] order by EEOC (mrh) (Entered: 01/20/2004)

ORDER denying [22-1] motion to dismiss the complaint in intervention of Inelia Pino-King; denying [15-1] motion to dismiss [13-1] intervenor's complaint ( Signed by Judge Susan C. Bucklew ) ctc (mrh) (Entered: 01/26/2004)

RESPONSE to standard interrogatories filed by EEOC (mrh) (Entered: 01/27/2004)

RESPONSE to standard interrogatories filed by Stephanie Credit (mrh) Modified on 02/04/2004 (Entered: 01/29/2004)

RESPONSE to standard interrogatories filed by Inelia Pino-King (mrh) (Entered: 01/29/2004)

RESPONSE to standard interrogatories filed by Checkers Drive-In (mrh) (Entered: 02/05/2004)

ANSWER AND AFFIRMATIVE DEFENSES to [19-1] intervenor complaint by Checkers Drive-In (mrh) (Entered: 02/09/2004)

PRELIMINARY PRETRIAL CONFERENCE held on 2/11/04 before Judge Susan C. Bucklew; Court Reporter: Paul Spangler (mrh) (Entered: 02/11/2004)

ANSWER AND AFFIRMATIVE DEFENSES to [13-1] intervenor complaint by Checkers Drive-In (mrh) (Entered: 02/11/2004)

CASE MANAGEMENT AND SCHEDULING ORDER setting Discovery cutoff 7/30/04; dispositive motion filing deadline for 8/13/04; Pretrial statement due on or before 11/5/04; Pretrial conference for 8:30 a.m. on 11/9/04; Jury trial set during the weeks of 12/6/04, 12/13/04 and 12/20/04; Scheduled for Judge Susan C. Bucklew ( signed by Judge Susan C. Bucklew ) ctc (bls) (Entered: 02/13/2004)

UNOPPOSED MOTION by EEOC (unopposed) to extend time to 6/1/04 to file notice of mediation schedule pursuant to court's case management and scheduling order (mrh) (Entered: 03/03/2004)

MOTION by Checkers Drive-In with memorandum in support for leave to amend [36-1] case management and scheduling order by extending all deadlines for a period of 3 months (mrh) (Entered: 03/04/2004)

JOINT MOTION by EEOC, Stephanie P. Credit with memorandum in support (joint) for protective order and (joint) to quash defendant's subpoenas ; referred to Magistrate Judge Mark A. Pizzo (mrh) (Entered: 03/10/2004)

RESPONSE by EEOC, Stephanie P. Credit, Inelia Pino-King to [38-1] motion for leave to amend [36-1] case management and scheduling order by extending all deadlines for a period of 3 months (mrh) (Entered: 03/23/2004)

ORDER granting unopposed [37-1] consent motion to extend time to 6/1/04 to file notice of mediation schedule pursuant to court's case management and scheduling order ( Signed by Judge Susan C. Bucklew ) ctc (mrh) (Entered: 03/25/2004)

ORDER granting [38-1] motion for leave to amend [36-1] case management and scheduling order by extending all deadlines for a period of 3 months to the extent that the Court will enter a separate amended case management and scheduling order extending all deadlines for a period of 6 weeks. ( Signed by Judge Susan C. Bucklew ) ctc (mrh) (Entered: 03/25/2004)

RESPONSE by Checkers Drive-In to [39-1] joint motion for protective order, [39-2] joint motion to quash subpoenas (mrh) (Entered: 03/29/2004)

AMENDED CASE MANAGEMENT AND SCHEDULING ORDER setting Discovery cutoff 9/10/04; disclosure of expert testimony deadline set for 6/14/04; dispositive motion filing deadline for 9/24/04; Pretrial statement due on or before 1/7/05; Pretrial conference set for 8:30 1/12/05; Jury trial set for trial term during the weeks of 2/7/05, 2/14/05, 2/22/05 and 2/28/05; Scheduled for Judge Susan C. Bucklew. Parties shall participate in court-annexed mediation on or before 7/15/04, with mediator, Cary Singletary. ( signed by Judge Susan C. Bucklew ) ctc (mrh) (Entered: 03/30/2004)

AMENDED RESPONSE by Checkers Drive-In to [39-1] joint motion for protective order (mrh) (Entered: 03/30/2004)

DEADLINE updated; reset pretrial statement deadline for 1/7/05 (mrh) (Entered: 03/30/2004)

DEADLINE updated; reset pretrial statement deadline for 1/7/05 (mrh)

ORDER granting [39-1] joint motion for protective order, granting [39-2] joint motion to quash defendant's subpoenas ( Signed by Magistrate Judge Mark A. Pizzo ) ctc (jlg) (Entered: 04/09/2004)

OBJECTION by Checkers Drive-In to magistrate judge's [46-1] non-dispositive discover order dated 4/8/04 and incorporated memorandum of law. (mrh) (Entered: 04/23/2004)

UNOPPOSED MOTION by EEOC with memorandum in support (unopposed) to extend time to respond to defendant's objection to Magistrate Judge's non-dispositive discovery order dated 4/8/04 referred to Magistrate Judge Mark A. Pizzo (mrh) Modified on 05/14/2004 (Entered: 05/07/2004)

MOTION by Checkers Drive-In with memorandum in support to compel full and complete answers to certain interrogatories and for medical release ; referred to Magistrate Judge Mark A. Pizzo (mrh) (Entered: 05/12/2004)

ORDER granting [48-1] unopposed motion to extend time to respond to defendant's objection to Magistrate Judge's non-dispositive discovery order dated 4/8/04. Plaintiff EEOC shall file its response no later than 5/14/04. (Signed by Magistrate Judge Mark A. Pizzo) ctc (mrh) (Entered: 05/14/2004)

RESPONSE by EEOC to [47-1] objections to Magistrae Judge Pizzo's order re: joint motion for protective order and to quash subpoenas with memorandum in support (mrh) (Entered: 05/17/2004)

RESPONSE by Inelia Pino-King, Stephanie P. Credit to [49-1] motion to compel full and complete answers to certain interrogatories and for medical release (mrh) (Entered: 05/27/2004)

NOTICE OF HEARING: set mediation conference for 9:00 6/22/04 at the Offices of Mediator, Cary R. Singletary (mrh) (Entered: 06/02/2004)

ORDER denying [49-1] motion to compel full and complete answers to certain interrogatories and for medical release ( Signed by Magistrate Judge Mark A. Pizzo ) ctc (mrh) (Entered: 06/03/2004)

JOINT MOTION by EEOC, Checkers Drive-In, Stephanie P. Credit, Inelia Pino-King with memorandum in support (joint) to extend extension of remaining litigation deadlines (mrh) (Entered: 06/17/2004)

OBJECTION and accompanying memorandum of law by Checkers Drive-In to [54-1] non-dispositive discovery order (mrh) (Entered: 06/22/2004)

ENDORSED ORDER granting [55-1] joint motion for extension of remaining litigation deadlines ( Signed by Judge Susan C. Bucklew ) ctc (mrh) (Entered: 06/24/2004)

ENDORSED ORDER granting [55-1] joint motion for extension of remaining litigation deadlines ( Signed by Judge Susan C. Bucklew ) ctc (mrh)

RESPONSE by EEOC to objections to Report and Recommendation (mrh) (Entered: 06/25/2004)

2ND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER setting mediation on or before 8/26/04 with mediator Cary Singletary; Discovery cutoff 10/22/04; dispositive motion filing deadline for 11/5/04; Pretrial statement due on or before 2/18/05; Pretrial conference set for 8:30 2/23/05; Jury trial set for trial term during the weeks of 3/7/05, 3/14/05, 3/21/05 and 3/28/05; Scheduled for Judge Susan C. Bucklew. Estimated length of trial is 5-15 days. ( signed by Judge Susan C. Bucklew ) ctc (mrh) (Entered: 07/07/2004)

UNOPPOSED MOTION to extend time for one week beyond mediation deadline to conduct medation by Equal Employment Opportunity Commission. (mrh) (Entered: 07/14/2004)

RETURN of service executed by Checkers Drive-In Restaurants, Inc.. (Gibson, Jeffrey) (Entered: 07/15/2004)

Endorsed ORDER granting 59 Plaintiff EEOC's Unopposed Motion for Leave to Conduct Mediation One Week Beyond Current Mediation Deadline. Signed by Judge Susan C Bucklew on 7/19/2004. (ckr) (Entered: 07/19/2004)

NOTICE of Appearance by Jeffrey W. Gibson on behalf of Checkers Drive-In Restaurants, Inc. (Gibson, Jeffrey) (Entered: 07/21/2004)

ORDER striking from record (doc. 60) return of service on records custodian of Albertson's, Clerk is directed to return the return of service(doc. 60)to Defendant . Signed by Judge Mark A. Pizzo on 7/23/2004. (DK) (Entered: 07/23/2004)

ORDER on 47 Defendant's Objection to Magistrate Judge's Non-Dispositive Discovery Order Dated April 8, 2004 and 56 Defendant's Objection to Magistrate Judge's Non-Dispositive Discovery Order Dated June 1, 2004. The Magistrate Judge's Orders are affirmed. Signed by Judge Susan C Bucklew on 8/17/2004. (ckr) (Entered: 08/17/2004)

MEDIATION REPORT Hearing held on 9/1/2004 Hearing outcome: Partially Resolved(Singletary, Cary) (Entered: 09/03/2004)

AMENDED DOCUMENT by Cary R. Singletary. Amendment to 65 Mediation report. (Singletary, Cary) (Entered: 09/03/2004)

Set/reset scheduling order deadlines: Final Pretrial Conference set for 2/23/2005 08:30 AM in Courtroom 14 A before Judge Susan C Bucklew. Discovery due by 10/22/2004. Jury Trial set for 3/7/2005 09:00 AM in Courtroom 14 A before Judge Susan C Bucklew. Motions due by 11/5/2004. (Cole, R) (Entered: 09/21/2004)

Set/reset scheduling order deadlines: Final Pretrial Conference set for 2/23/2005 08:30 AM in Courtroom 14 A before Judge Susan C Bucklew. Discovery due by 10/22/2004. Jury Trial set for 3/7/2005 09:00 AM in Courtroom 14 A before Judge Susan C Bucklew. Motions due by 11/5/2004. (Cole, R)

Joint MOTION for Extension of Time to Complete Discovery and Dispositive Motion Deadlines For Two Weeks by Checkers Drive-In Restaurants, Inc., Stephanie P. Credit, Equal Employment Opportunity Commission. (Weaver, John) (Entered: 09/28/2004)

ENDORSED ORDER granting 67 Motion for Extension of Time to Complete Discovery . Signed by Judge Mark A. Pizzo on 9/30/2004. (DK) (Entered: 09/30/2004)

MOTION for protective order and Memorandum of Law by Checkers Drive-In Restaurants, Inc.. (Gibson, Jeffrey) (Entered: 10/13/2004)

RESPONSE in opposition re 69 MOTION for protective order and Memorandum of Law filed by Stephanie P. Credit. (Attachments: # 1 Exhibit)(Fenton, Matthew) (Entered: 10/15/2004)

ORDER granting 69 Motion for protective order . Signed by Judge Mark A. Pizzo on 10/15/2004. (DK) (Entered: 10/15/2004)

MOTION to compel by Stephanie P. Credit. (Fenton, Matthew) (Entered: 11/04/2004)

CERTIFICATE of compliance re 72 MOTION to compel by Stephanie P. Credit. (Fenton, Matthew) (Entered: 11/08/2004)

RESPONSE to motion re 72 MOTION to compel filed by Checkers Drive-In Restaurants, Inc.. (Gibson, Jeffrey) (Entered: 11/18/2004)

MOTION for summary judgment by Checkers Drive-In Restaurants, Inc.. (Gibson, Jeffrey) (Entered: 11/19/2004)

MEMORANDUM in support re 75 Motion for summary judgment Defendant's Statement of Undisputed Facts filed by Checkers Drive-In Restaurants, Inc.. (Gibson, Jeffrey) (Entered: 11/19/2004)

ORDER granting in part and denying in part 72 Motion to compel . See order for details. Signed by Judge Mark A. Pizzo on 12/3/2004. (DK) (Entered: 12/03/2004)

ORDER granting in part and denying in part Credit's Motion to Compel (doc. 72). See order for details.Signed by Judge Mark A. Pizzo on 12/3/2004. (DK) (Entered: 12/03/2004)

ORDER noting that the following attorneys in this case are currently not utilizing the CM/ECF system to file and/or receive Court documents: Delner Franklin-Thomas, Eric Dreiband, Gwendolyn Y. Reams, James Lee, Nicholas M. Inzeo, Andrew Kenyon MacFarlane, and Brendan M. Lee. These attorneys are directed to sign up for CM/ECF, and after signing up for CM/ECF, they must enter an email address at which they will receive all Court filings. Additionally, the Clerk is directed to stop sending paper copies to these attorneys after sending this Order. Signed by Judge Susan C. Bucklew on 12/7/2004. (ckr) (Entered: 12/07/2004)

RESPONSE in opposition re 75 MOTION for summary judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibits 1-4# 2 Exhibit Exhibits 5-6# 3 Exhibit Exhibit 7# 4 Exhibit Exhibit 8# 5 Exhibit Exhibit 9-11# 6 Exhibit Exhibits 12-14# 7 Exhibit Exhibit 15# 8 Exhibit Exhibits 16-18)(Brown, Jennifer) (Entered: 12/09/2004)

RESPONSE in opposition re 75 MOTION for summary judgment Plaintiff EEOC's Statement of Material Facts in Dispute filed by Equal Employment Opportunity Commission. (Brown, Jennifer) (Entered: 12/09/2004)

STIPULATION of Dismissal AGREED STIPULATION FOR DISMISSAL OF PREJDUDICE by Checkers Drive-In Restaurants, Inc.. (Gibson, Jeffrey) (Entered: 02/07/2005)

ENDORSED ORDER granting 82 Agreed Stipulation of Dismissal with Prejudice. Signed by Judge Susan C. Bucklew on 2/8/2005. (ckr) (Entered: 02/08/2005)

STIPULATION of Dismissal With Prejudice by Checkers Drive-In Restaurants, Inc.. (Gibson, Jeffrey) (Entered: 02/10/2005)

ENDORSED ORDER granting 84 Agreed Stipulation for Dismissal with Prejudice. Plaintiff-Intervenor Stephanie P. Credit's cause is hereby dismissed with prejudice with each party to bear their own costs and attorney fees. Signed by Judge Susan C. Bucklew on 2/14/2005. (ckr) (Entered: 02/14/2005)

ORDER denying 75 Defendant's Motion for Summary Judgment. Signed by Judge Susan C. Bucklew on 2/14/2005. (ckr) (Entered: 02/14/2005)

TRIAL CALENDAR for trial term March, 2005 Jury Trial set for weeks of March 7th through March 28th, 2005, at 09:00 AM in Courtroom 14 A before Judge Susan C Bucklew. Signed by Judge Susan C Bucklew on 2/16/2005. (ls ) (Entered: 02/16/2005)

Unopposed MOTION to substitute attorney by Equal Employment Opportunity Commission. (Brown, Jennifer) (Entered: 02/17/2005)