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

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)