EEOC v. Autonation USA Corp

EEOC v. AutoNation USA Corporation

U. S. Court of Appeals for the Ninth Circuit

52 Fed.Appx. 327, 2002 WL 31650749

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (MAP) (Entered: 10/04/1999)

RETURN OF SERVICE EXECUTED personally upon dft Autonation USA Corp (summons/complaint) on 10/14/99 (former emp) (Entered: 10/18/1999)

STIPULATION to extend time to answer complaint by dft and pla [3-1] (former emp) (Entered: 11/09/1999)

ANSWER by dft (CMM) (Entered: 11/16/1999)

ORDER by Judge John W. Sedwick granting stipulation to extend time to answer complaint by dft and pla [3-1] - dfts may have to 11/12/99 to answer or otherwise plead to the complaint (cc: all counsel) (CMM) (Entered: 11/16/1999)

ORDER FROM CHAMBERS by Judge John W. Sedwick RE: procedures (cc: all counsel,jws) re: order [6-1] (CMM) (Entered: 12/01/1999)

NOTICE of service of discovery by pla first set of non-uniform interrogatories and first request for production of documents. (CMM) (Entered: 12/07/1999)

ATTORNEY APPEARANCE for dft Autonation USA Corp by Michelle Lynette Ray (former emp) (Entered: 12/08/1999)

JOINT PROPOSED CASE MANAGEMENT PLAN 42c due 12/8/00 Discovery cutoff 9/29/00 Motion filing ddl is 10/31/00 (CMM) (Entered: 12/21/1999)

NOTICE of service of initial disclosure statement pursuant to FRCivP 26 (a) by pla (CMM) (Entered: 12/29/1999)

NOTICE of service of initial disclosure statement pursuant to FRCivP 26 (a) by dft (CMM) (Entered: 12/29/1999)

SCHEDULING AND PLANNING ORDER by Judge John W. Sedwick ; discovery due 10/31/00; dispositive motions due 10/31/00; 8/4/00 each party shall serve and file a revised witness list which unless otherwise specifically stated shall include expert as well as lay witnesses (cc: all counsel) (former emp) (Entered: 01/03/2000)

MINUTE ORDER the court has issued a planning and scheduling order based on information provided by the parties at docket 8; the court found the information adequate for scheduling purposes so the request for a scheduling conference is denied [12-1] [9-1] (cc: all counsel) [13-1] (former emp) (Entered: 01/03/2000)

NOTICE of service of initial disclosure statement pursuant to FRCivP 26 (a) by dft (CMM) (Entered: 06/29/2000)

NOTICE by dft OF TAKING DEPO OF Nicholas Thompson on the following date(s): 8/3/00 at 9:30 am (CMM) (Entered: 06/29/2000)

AMENDED NOTICE by dft OF TAKING DEPO OF Nicholas Thompson on the following date(s): 8/15/00 at 9:30 am (CMM) (Entered: 07/18/2000)

STIPULATION by pla, dft to amend answer to complaint (amended answer not received in docketing) (CMM) (Entered: 07/25/2000)

ORDER by Judge John W. Sedwick granting stipulation that dft shall file its amended answer w/in 20 days. (cc: all counsel) (former emp) (Entered: 07/31/2000)

AMENDED ANSWER to Complaint [4-1] by dft Autonation USA Corp (CMM) (Entered: 08/08/2000)

STIPULATION by pla, dft for entry of protective order (CMM) Modified on 09/08/2000 (Entered: 08/22/2000)

STIPULATION by pla, dft to extend discovery deadline (60 day extension) (CMM) (Entered: 09/05/2000)

NOTICE of service of discovery by dft. (CMM) (Entered: 09/05/2000)

MINUTE ORDER that the stipulation (for protective order) at docket 20 is approved, and the argreements reflected therein are incorporated into this order by reference; breach of this order may result in the imposition of appropriate sanctions protective order (cc: all counsel,jws) [23-2] (CMM) (Entered: 09/08/2000)

NOTICE of Service of First Supplemental Disclosure Statement by pla EEOC (MAP) (Entered: 09/21/2000)

NOTICE of service of discovery by pla. (CMM) (Entered: 10/13/2000)

NOTICE of service of discovery by pla EEOC (MAP) (Entered: 10/20/2000)

NOTICE by pla OF TAKING DEPO OF James T Allen (11/20/00 at 9:00 am), Jay M Tuton (11/20/00 at 1:00 pm), Robert S Chandra (11/20/00 at 3:00 pm), Mark Reicks (11/21/00 at 9:00), Greg Manson (11/21/00 at 1:00 pm), Sandra Anthony (11/27/00 at 9:00 am), Kai H Ramadan (11/28/00 at 1:00 pm), and Bryan E Jenks (11/29/00 at 1:00 pm) (CMM) (Entered: 11/09/2000)

NOTICE by pla OF TAKING DEPO OF dft AutoNation USA on the following date(s): 11/27/00 at 10:00 am (CMM) (Entered: 11/09/2000)

NOTICE of service of discovery by dft. (CMM) (Entered: 11/20/2000)

AMENDED NOTICE by pla OF TAKING DEPO OF James T Allen on 11/20/00 at 9:00 am, Jay M Tuton on 11/20/00 at 1:00 pm, Robert S Chandra on 11/21/00 at 9:00 am, Mark Reicks on 11/21/00 at 1:00 pm on the following date(s): (CMM) (Entered: 11/20/2000)

SECOND AMENDED NOTICE by pla EEOC OF TAKING DEPO(s) OF Jay M. Tuton, Robert S. Chandra, Mark Reicks, and James T. Allen on the following (respective) date(s): 11/20,11/21,11/21,11/22 (KMG) (Entered: 11/28/2000)

STIPULATION by pla, dft to extend discovery deadline (CMM) (Entered: 11/29/2000)

ORDER by Judge John W. Sedwick granting stipulation to continue discovery deadline ; discovery ddl reset for 1/31/01 ; dispositive motions now due 2/26/01; PTO ddl reset for 4/2/01 (unless dispositive motions are pending) (cc: all counsel,jsw) (CMM) (Entered: 12/01/2000)

AMENDED NOTICE by pla OF TAKING DEPO OF AutoNation USA on the following date(s): 1/10/01 at 9:00 am (CMM) (Entered: 12/27/2000)

NOTICE by pla OF TAKING DEPO OF AutoNation USA on the following date(s): 1/16/01 at 1:30 pm (CMM) (Entered: 01/11/2001)

AMENDED NOTICE by dft OF TAKING DEPO OF Nicholas Thompson on the following date(s): 1/29/01 (DMT) (Entered: 01/16/2001)

THIRD AMENDED NOTICE by pla OF TAKING DEPOS OF Chris Chase, Kai Ramadan, Bryan Jenks on the following date(s): 1/22/01 at 9:00 am, 1/23/01 at 9:00 am and 1/26/01 at 9:00 am (CMM) (Entered: 01/17/2001)

STIPULATION by pla, dft to extend discovery deadline (45 day extension) (CMM) (Entered: 01/17/2001)

SECOND AMENDED NOTICE by dft OF TAKING DEPO OF Nicholas Thompson on the following date(s): 1/31/01 at 9:30 am (CMM) (Entered: 01/29/2001)

ORDER by Judge John W. Sedwick granting stipulation to extend discovery and related deadlines; parties advised that the court will not likely look with favor on any additional request to extend time for completion of discovery (cc: all counsel,jws) (CMM) (Entered: 01/29/2001)

ORDER by Judge John W. Sedwick re: stipulation to extend discovery deadlines [39-1] ; discovery ddl reset for 3/16/01; dispositive motions now due 4/12/01; PTO ddl reset for 5/17/01 (cc: all counsel,jws) (CMM) (Entered: 02/02/2001)

NOTICE of service of discovery by pla. (CMM) (Entered: 02/08/2001)

AMENDED NOTICE by pla EEOC OF TAKING DEPO OF Greg Manson on the following date(s): 3/6/01 at 10 am (LAD) (Entered: 03/01/2001)

NOTICE of service of discovery by dft. (CMM) (Entered: 03/06/2001)

ORDER by Judge John W. Sedwick re certification of readiness for trial (cc: all counsel) re: order [46-1] (CMM) (Entered: 04/05/2001)

MOTION for summary judgment by dft Autonation USA Corp [47-1] (CMM) (Entered: 04/16/2001)

STATEMENT OF FACTS by dft re motion for summary judgment by dft Autonation USA Corp [47-1] (CMM) (Entered: 04/19/2001)

RESPONSE by dft to order re readiness for trial [46-1] (CMM) (Entered: 04/19/2001)

REPORT by pla, dft re rediness for trial (CMM) (Entered: 04/24/2001)

ORDER FROM CHAMBERS by Judge John W. Sedwick - parties are directed to certify readiness for trial in a report to be filed within 20 days after the court rules on the dispositive motion, such report should suggest at least two trial dates not less than 3 months following the date of the report (cc: all counsel,jws) re: order [51-1] (CMM) (Entered: 04/30/2001)

ORDER FOR PRETRIAL PROCEEDINGS, FINAL PRETRIAL CONFERENCE, AND TRIAL by Judge John W. Sedwick ; Pretrial conference set for 10:30 11/9/01 ; jury trial set for 9:00 11/13/01 (cc: all counsel,jws) (CMM) (Entered: 05/08/2001)

STATEMENT OF FACTS by pla in opposition to dft motion for summary judgment by dft Autonation USA Corp [47-1] (CMM) (Entered: 05/15/2001)

MOTION to strike dft statement of facts no. 13 and evidence submitted in support thereof by pla [55-1] (CMM) (Entered: 05/16/2001)

STIPULATION by pla, dft for extension of time to file reply briefing in support of dft motion for summary judgment (until 6/5/01) (CMM) (Entered: 06/01/2001)

REPLY by dft Autonation USA Corp to response to motion for summary judgment by dft Autonation USA Corp [47-1] (former emp) (Entered: 06/07/2001)

SUPPLEMENTAL Statement of Facts by dft Autonation USA Corp in support of the motion for summary judgment by dft Autonation USA Corp [47-1] (former emp) (Entered: 06/07/2001)

ORDER by Judge John W. Sedwick granting stipulation; the deadline for dft to file its reply to pla's response to motion for summary judgment by dft Autonation USA Corp [47-1] is extended to 6/5/01 (cc: all counsel/JWS) (received 6/11/01) (LAD) (Entered: 06/11/2001)

MOTION to strike dfts' supplemental statement of facts in support of motion for summary judgment by [58-1] pla EEOC [60-1] (former emp) (Entered: 06/20/2001)

MOTION for summary disposition of its motion to strike dft's statement of fact No 13 and evidence submitted in support by pla EEOC [61-1] (former emp) (Entered: 06/20/2001)

MOTION for leave to conduct additional discovery of dft's supplemental statement of fact no. 17 by pla [62-1] (CMM) (Entered: 06/27/2001)

RESPONSE by dft to motion to strike dfts' supplemental statement of facts in support of motion for summary judgment by [58-1] pla EEOC [60-1], motion for summary judgment by dft Autonation USA Corp [47- 1] (CMM) (Entered: 07/02/2001)

RESPONSE by dft to motion for leave to conduct additional discovery of dft's supplemental statement of fact no. 17 by pla [62-1] (CMM) (Entered: 07/05/2001)

MINUTE ORDER setting motion for summary judgment by dft Autonation USA Corp [47-1] for telephonic hearing at 9:00 7/23/01 (Alaksa Daylight time) (cc: all counsel,jws) [65-1] (CMM) (Entered: 07/10/2001)

MINUTE ORDER ; Final Pretrial conference reset for 9:00 11/6/01 ; jury trial reset for 10:00 11/6/01 (cc: all counsel,jws) [66-2] (CMM) (Entered: 07/10/2001)

STIPULATION to extend time to reply re motion to strike supplemental statement of facts and motion for summary disposition by pla (until 7/17/01) (CMM) (Entered: 07/12/2001)

REPLY by pla to response to motion to strike dfts' supplemental statement of facts in support of motion for summary judgment by [58-1] pla EEOC [60-1], motion for summary disposition of its motion to strike dft's statement of fact No 13 and evidence submitted in support by pla EEOC [61-1] (CMM) (Entered: 07/17/2001)

ORDER by Judge John W. Sedwick granting stipulation to extend time to reply re motion to strike supplemental statement of facts and motion for summary disposition by pla until 7/17/01 (cc: all counsel) (CMM) (Entered: 07/18/2001)

REPLY by pla EEOC to response to motion for leave to conduct additional discovery of dft's supplemental statement of fact no. 17 by pla [62-1] (former emp) (Entered: 07/19/2001)

MINUTE ENTRY before Judge John W. Sedwick: Crt Rptr: BBoyer court convened to hear telephonic argument on motion for summary judgment by dft Autonation USA Corp [47-1] ] [73-1]; Court granted motion for summary judgment; Court to issue written decision (former emp) Modified on 08/08/2001 (Entered: 07/30/2001)

ORDER by Judge John W. Sedwick granting motion for summary judgment by dft Autonation USA Corp [47-1], finding the motion to strike dft statement of facts no. 13 and evidence submitted in support thereof by pla [55-1] moot., denying motion to strike dfts' supplemental statement of facts in support of motion for summary judgment by [58-1] pla EEOC [60-1], finding the motion for summary disposition of its motion to strike dft's statement of fact No 13 and evidence submitted in support by pla EEOC [61-1] moot., denying motion for leave to conduct additional discovery of dft's supplemental statement of fact no. 17 by pla [62-1] terminating case (cc: all counsel,jws) (CMM) (Entered: 07/27/2001)

JUDGMENT: re: order filed [71-2] that dft motion for summary judgment is granted, the complaint and this action are dismissed, pla shall take nothing (cc: all counsel,jws,jgmdrwr) (CMM) (Entered: 07/27/2001)

MOTION (application) for bill of costs by dft [74-1] (DMT) (Entered: 08/13/2001)

BILL OF COSTS submitted by dft (CMM) (Entered: 09/21/2001)

Transcript Designation and Ordering Form by pla re telephonic hearing dated 7/23/01 re dft motion for summary judgment (CMM) (Entered: 08/20/2001)

TRANSCRIPT of telephonic hearing by Court Reporter: Bonnie Boyer for the following date(s): 7/23/01 (CMM) (Entered: 08/30/2001)

MINUTE ORDER denying the motion for bill of costs by dft [74-1] - the Clerk will proceed with the Bill of Costs as prescribed in D. AZ. LR 2.19 (cc: all counsel,jws) [77-1] (CMM) (Entered: 09/21/2001)

Notification by 9th Circuit of Appellate Docket Number 01-17064 re NOTICE OF APPEAL [78-1] (REW) (Entered: 11/02/2001)

TAXATION OF COSTS for dft Autonation USA Corp in the amount of $1,430.25 against pla EEOC (cc: all counsel/DL) (REW) (Entered: 11/02/2001)

BILL OF COSTS submitted by dft Autonation USA Corp (REW) (Entered: 11/08/2001)

Transcript Designation and Ordering Form by pla EEOC re NOTICE OF APPEAL [78-1]; no transcripts to be ordered (REW) (Entered: 11/19/2001)

Certificate of Record Transmitted to 9th Circuit NOTICE OF APPEAL [78-1] (REW) (Entered: 11/19/2001)

Copy of 9th Circuit Order; briefing schedule amended, re: 01-17064 NOTICE OF APPEAL [78-1] (cc: judge) (REW) (Entered: 12/27/2001)

Clerk's record on appeal transmitted to 9th Circuit re NOTICE OF APPEAL [78-1] re 01-17064; 2 volumes of Clerk's record and 1 transcript (#76) in one expando (LAD) (Entered: 10/11/2002)

CERTIFIED COPY of 9th Circuit Mandate affirming the decision of the District Court, re: 01-17064 (cc: all counsel/judge) (REW) (Entered: 01/22/2003)

Original Record Returned from 9th Circuit re NOTICE OF APPEAL [78- 1]; 2 volumes of clerk's record; 1 transcript (#76) in one expando (REW) (Entered: 01/31/2003)