Case: EEOC v. Tobacco Superstores, Inc.

EEOC v. Tobacco Superstores Inc

EEOC v. Tobacco Superstores Inc.

EEOC v. Tobacco Superstores Inc

EEOC v. Tobacco Superstores Inc.

EEOC v. Tobacco Superstore Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT against Tobacco Superstore, Inc, filed by Equal Employment Opportunity Commission.(jct) (Entered: 09/19/2005)

DEMAND for Trial by Jury by Equal Employment Opportunity Commission. (jct)

Summons Issued as to Tobacco Superstore, Inc.; returned to pltf's counsel. (jct)

***Set Flags: "Jury"; "JFF". (jct)

WAIVER OF SERVICE Returned Executed by pltf Equal Employment Opportunity Commission. Tobacco Superstore, Inc waiver sent on 9/20/2005, answer due 11/19/2005. (tlw) (Entered: 10/18/2005)

NOTICE of Appearance by Pamela B. Dixon on behalf of Equal Employment Opportunity Commission (Dixon, Pamela) (Modified on 10/20/2005 to attach signed document) (bfw). (Entered: 10/19/2005)

NOTICE OF DOCKET CORRECTION: 3 Notice of Appearance - (modified to attach signed document) (bfw)

ANSWER to Complaint by deft Tobacco Superstore, Inc.(tlw) (Entered: 11/09/2005)

INITIAL SCHEDULING ORDER (DOC):Rule 26(f) Conference to occur by 1/18/2006; Rule 26(f) Report due by 2/1/2006; Jury Trial set for 10/16/2006 at 9:00 AM in Jonesboro, Courtroom #324, before Judge William R. Wilson Jr.(maj) (Entered: 11/16/2005)

CERTIFICATE OF MAILING by the Clerk re doc #5 Initial Scheduling Order (maj) (Entered: 11/16/2005)

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission. (Dixon, Pamela) (Entered: 02/01/2006)

FINAL SCHEDULING ORDER (DOC): Jury Trial set for 10/16/2006 at 9:00 AM in Jonesboro Courtroom #324 before Judge William R. Wilson Jr; Discovery due by 8/1/2006; Motions due by 8/16/2006; Pretrial Disclosure Sheet due by 9/18/2006.(maj) (Entered: 02/06/2006)

CERTIFICATE OF MAILING by the Clerk re doc #8 Final Scheduling Order (maj) (Entered: 02/06/2006)

MOTION to Substitute Attorney (Proposed Order submitted) by Equal Employment Opportunity Commission. (Rapport, Adele) (Entered: 03/30/2006)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 10 Plaintiff's Motion to Substitute Attorney. Accordingly, Ms. Adele Rapport is added as Plaintiff's counsel and Ms. Katharine Kores is relieved as Plaintiff's counsel of record. Signed by Judge William R. Wilson Jr. on 03/31/06. (dmm, ) (Entered: 03/31/2006)

CERTIFICATE OF MAILING by the Clerk of 11 Order on Motion to Substitute Attorney. (jct) (Entered: 03/31/2006)

*** Attorney Katharine W. Kores terminated pursuant to 3/31/06 Text Entry Order. (jct)

AGREED PROTECTIVE ORDER regarding confidential discovery material. Signed by Judge William R. Wilson Jr. on 5/22/06. (jct)

CERTIFICATE OF MAILING by the Clerk of 13 Agreed Protective Order. (jct) (Entered: 05/23/2006)

UNOPPOSED MOTION to Continue 10/16/06 trial date, MOTION for Extension of Time to Complete Discovery & Other Deadlines, by Equal Employment Opportunity Commission. (jct) (Entered: 06/13/2006)

MOTION for Discovery - For Leave to Serve Additional Interrogatories (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Liner, Celia) (Entered: 06/15/2006)

AMENDED FINAL SCHEDULING ORDER (DOC): Jury Trial reset for 8/13/2007 at 9:00 AM in Jonesboro Courtroom #324 before Judge William R. Wilson Jr; Discovery due by 5/30/2007; Motions due by 6/13/2007; Pretrial Disclosure Sheet due by 7/13/2007.(maj) (Entered: 06/19/2006)

CERTIFICATE OF MAILING by the Clerk re doc #17 Amended Final Scheduling Order (maj) (Entered: 06/19/2006)

RESPONSE in Opposition re 16 MOTION for Discovery - For Leave to Serve Additional Interrogatories (Proposed Order Submitted) filed by Tobacco Superstore, Inc. (Lombardi, Robert) (Entered: 06/26/2006)

REPLY to Response to Motion re 16 MOTION for Discovery - For Leave to Serve Additional Interrogatories (Proposed Order Submitted) filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit 1, D's Responses to P's First Interrogatories# 2 Exhibit exhibit 2, secretary of state documents# 3 Exhibit exhibit 3, June 1 letter)(Dixon, Pamela) (Entered: 06/28/2006)

ORDER granting 16 Pltf's Motion for leave to serve additional interrogatories. Signed by Judge William R. Wilson Jr. on 7/26/06. (jct)

CERTIFICATE OF MAILING by the Clerk of 21 Order. (jct) (Entered: 07/26/2006)

MOTION to Substitute Attorney (Proposed Order Submitted), MOTION to Withdraw as Attorney (Proposed Order Submitted) by Equal Employment Opportunity Commission. (Dixon, Pamela) (Entered: 07/26/2006)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 23 Plaintiff's Motion to Substitute Attorney. Accordingly Ms. Adele Rapport is relieved as counsel and Ms. Faye Williams is substituted as counsel of record for Plaintiff.Signed by Judge William R. Wilson Jr. on 08/01/06. (dmm, ) (Entered: 08/01/2006)

***Attorney Faye A. Williams for Equal Employment Opportunity Commission added. Attorney Adele Rapport terminated pursuant to 24 Text Entry Order. (mkf, )

NOTICE of Appearance by Jennifer R. Guckert on behalf of Tobacco Superstore, Inc (Guckert, Jennifer) (Entered: 09/27/2006)

First MOTION to Extend Time Unopposed Motion to Extend Expert Deadlines by Tobacco Superstores Inc. (Lombardi, Robert) (Entered: 02/01/2007)

ORDER granting 26 Motion to Extend Time. Deadlines for case in chief and rebuttal expert reports are extended to 4/10/07 & 5/1/07. Signed by Judge William R. Wilson Jr. on 2/5/07. (jct) (Entered: 02/05/2007)

AMENDED ORDER, re 27 Order, Jury Trial before Judge William R. Wilson Jr. set for 8/14/2007 at 09:00 AM in Jonesboro Courtroom (large) #324. All other deadlines set by the previous Order remain in full force and effect. This Amended Order further amends the Scheduling Order previously entered. Signed by Judge William R. Wilson Jr. on 3/13/07. (jct)

NOTICE of Appearance by Christine S. Goldberg on behalf of Tobacco Superstores Inc (Goldberg, Christine) (Entered: 04/02/2007)

NOTICE of Appearance by Darin B. Tuggle on behalf of Equal Employment Opportunity Commission (Tuggle, Darin) (Entered: 04/03/2007)

MOTION to Extend Time of Trial Deadlines and Trial by Equal Employment Opportunity Commission (Dixon, Pamela) (Entered: 04/11/2007)

BRIEF IN OPPOSITION filed by Tobacco Superstores Inc re 33 Motion to Extend Time (Goldberg, Christine) (Entered: 04/12/2007)

REPLY to Response to Motion re 33 MOTION to Extend Time of Trial Deadlines and Trial filed by Equal Employment Opportunity Commission. (Liner, Celia) (Entered: 04/16/2007)

DECLARATION of Celia Liner in Support of Reply to Defendant's Opposition to Motion to Modify Scheduling Order Extending Trial Deadlines and Trial by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1# 2 Exhibit No. 2# 3 Exhibit No. 3# 4 Exhibit No. 4)(Liner, Celia) (Entered: 04/16/2007)

ATTORNEY APPEARANCE by Stephen L. Scott for Tobacco Superstores Inc. (jct) (Entered: 05/29/2007)

MOTION to Substitute Attorney William A. Cash, MOTION to Withdraw as Attorney Terry Beck by Equal Employment Opportunity Commission (Cash, William) (Entered: 05/30/2007)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 38 Plaintiff's Motion to Substitute Counsel. Accordingly, William Cash is substituted and Terry Beck is relieved as Plaintiff's counsel.Signed by Judge William R. Wilson Jr. on 05/30/07. (dmm) (Entered: 05/30/2007)

ORDER REFERRING CASE to Magistrate Judge John F. Forster, Jr. for Settlement Conference. The parties will be contacted directly by Magistrate Judge Forster's Courtroom Deputy, Cecilia Norwood, for the setting of the Settlement Conference. This case is currently set on Judge Wilson's trial docket for the week of 8/13/07 in Jonesboro. Signed by Judge William R. Wilson Jr. on 5/30/07. (jct) (Entered: 05/30/2007)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Proceedings held before Judge William R. Wilson Jr: Telephone Conference held on 5/30/2007 regarding discovery matters; Order to be entered. (Court Reporter C. Newburg) (maj)

ORDER, pursuant to the 5/30/07 telephone conference, holding in abeyance 33 Motion to Continue & extend deadlines until the Settlement Conference being scheduled in front of Judge Forster has been resolved. Plaintiff's verbal motion to compel the production of personnel files is granted, subject to an appropriate Protective Order. Plaintiff's verbal motion to compel production of checks issued to pay Tobacco Superstores' fines is granted. Signed by Judge William R. Wilson Jr. on 6/1/07. (jct) (Entered: 06/01/2007)

SCHEDULING ORDER:Settlement Conference set for 6/19/2007 10:00 AM in Little Rock Courtroom #545 before Magistrate Judge John F. Forster Jr. Signed by C. Norwood at the direction of the Court on 6/5/07. (mcn) (Entered: 06/05/2007)

Minute Order. Proceedings held before Judge John F. Forster Jr.: Settlement Conference held on 6/19/2007. No settlement reached. (Court Reporter cn.) (mcn) (Entered: 06/20/2007)

FINAL AMENDED SCHEDULING ORDER (DOC): Jury Trial reset for 7/29/2008 at 9:00 AM in Jonesboro Courtroom #324 before Judge William R. Wilson Jr; Discovery due by 5/14/2008; Motions due by 5/29/2008; Pretrial Disclosure Sheet due by 6/30/2008. MOTION to Extend Time of Trial Deadlines and Trial filed by Equal Employment Opportunity Commission GRANTED. (maj) (Entered: 06/25/2007)

MOTION to Compel Responses to Its Ninth Set of Requests for Production of Documents to Defendant by Equal Employment Opportunity Commission (Liner, Celia) (Entered: 08/22/2007)

MEMORANDUM re 50 MOTION to Compel Responses to Its Ninth Set of Requests for Production of Documents to Defendant filed by Equal Employment Opportunity Commission (Memorandum in Support) PROPOSED ORDER SUBMITTED (Attachments: # 1 Exhibit No. 1 - Plaintiff's Ninth Set of Requests for Production of Documents# 2 Exhibit No. 2 - Defendant's Response to Plaintiff's Ninth Request for Production of Documents# 3 Certificate of Consultation)(Liner, Celia) (Entered: 08/22/2007)

BRIEF IN OPPOSITION filed by Tobacco Superstores Inc re 50 Motion to Compel, 51 Memorandum, (Chrestman, Jennifer) (Entered: 09/04/2007)

MOTION for Partial Summary Judgment Regarding the Temporal Scope of the Class by Tobacco Superstores Inc (Chrestman, Jennifer) (Entered: 11/13/2007)

BRIEF IN SUPPORT filed by Tobacco Superstores Inc re 53 Motion for Partial Summary Judgment (Attachments: # 1 Exhibit 1-4, # 2 Exhibit 5-8, # 3 Exhibit 9-12, # 4 Exhibit 13-14, # 5 Exhibit 15, # 6 Exhibit 16-18, # 7 Exhibit 19-22, # 8 Exhibit 23-26)(Chrestman, Jennifer) (Entered: 11/13/2007)

STATEMENT OF FACTS (Local Rule 56.1) re 54 Brief in Support, 53 Motion for Partial Summary Judgment filed by Tobacco Superstores Inc. (Chrestman, Jennifer) (Entered: 11/13/2007)

Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion for Summary Judgment by Equal Employment Opportunity Commission (Dixon, Pamela) (Entered: 11/20/2007)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 56 Plaintiff's Unopposed Motion for Extension of Time to File Response. Accordingly, Plaintiff's response to the Motion for Summary Judgment must be filed by 5 p.m., Friday, December 14, 2007. Signed by Judge William R. Wilson, Jr on 11/27/07. (dmm) (Entered: 11/27/2007)

RESPONSE in Opposition re 53 MOTION for Partial Summary Judgment Regarding the Temporal Scope of the Class filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1 - Plaintiffs 14th Supplemental Response to Interrogatories, # 2 Exhibit No. 2 - Def's Response to EEOC's Ist Interrog, # 3 Exhibit No. 3 - Pat Pamm depo excerpts, # 4 Exhibit No. 4 - Brandon depo excerpts, # 5 Exhibit No. 5 - Bell depo excerpts, # 6 Exhibit No. 6 - Ashley document, # 7 Exhibit No. 7 - Ashley depo excerpts, # 8 Exhibit No. 8 - Reese document, # 9 Exhibit No. 9 - REsponse to Production Request, # 10 Exhibit No. 10 - Hicks document, # 11 Exhibit No. 11 - Logan document, # 12 Exhibit No. 12 - Freeman document, # 13 Exhibit No. 13 - Pippenger document, # 14 Exhibit No. 14 - Peoples document, # 15 Exhibit No. 15 - Morgan document, # 16 Exhibit No. 16 - Baker document, # 17 Exhibit No. 17 - Beltran document, # 18 Exhibit No. 18 - Marteny document, # 19 Exhibit No. 19 - Radford document, # 20 Exhibit No. 20 - Horchler document, # 21 Exhibit No. 21 - Herring document, # 22 Exhibit No. 22 - Faries document, # 23 Exhibit No. 23 - Deless document, # 24 Exhibit No. 24 - Vera Sumpter's declaration, # 25 Exhibit No. 25 - TSS Bates 5928 thru 5933, # 26 Exhibit No. 26 - Hamm promotion doc 1, # 27 Exhibit No. 27 - Hamm promotion doc 2, # 28 Exhibit No. 28 - Bates document, # 29 Exhibit No. 29 - Chambers document, # 30 Exhibit No. 30 - Unreported Case No. 1, EEOC v. Custom Co., Inc, # 31 Exhibit No. 30 - Unreported Case 2, EEOC v. Cabot Co)(Liner, Celia) . (Entered: 12/13/2007)

RESPONSE re 55 Statement of Facts (Local Rule 56.1) by Equal Employment Opportunity Commission (Liner, Celia) (Entered: 12/13/2007)

ADDENDUM filed by Equal Employment Opportunity Commission to 59 Response in Opposition to Motion,,,,,, This Addendum filing is to replace previously filed Exh 9 to Docket 59. This Addendum filing of Exh. 9 properly includes 37 pages of docs. (TSS 1624-1660) that was inadvertently omitted from the previously filed Exh. 9. (Attachments: # 1 Document TSS 1624 thru 1660, attachments to Exh. 9 Response to Req. for Prod.)(Liner, Celia) (Entered: 12/14/2007)

MOTION for Extension of Time to File Response/Reply In Support of Motion for Summary Judgment by Tobacco Superstores Inc (Chrestman, Jennifer) (Entered: 12/18/2007)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 62 Defendant's Motion for Extension of Time to File Reply. Accordingly, Defendant's Reply must be filed by 5 p.m., January 18, 2008. Signed by Judge William R. Wilson, Jr on 12/18/07. (dmm) (Entered: 12/18/2007)

REPLY to Response to Motion re 53 MOTION for Partial Summary Judgment Regarding the Temporal Scope of the Class filed by Tobacco Superstores Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Chrestman, Jennifer) (Entered: 01/16/2008)

MOTION for Summary Judgment Based on Judicial Estoppel by Tobacco Superstores Inc (Chrestman, Jennifer) (Entered: 02/29/2008)

BRIEF IN SUPPORT filed by Tobacco Superstores Inc re 65 Motion for Summary Judgment Based on Judicial Estoppel (Attachments: # 1 Exhibit 1-2, # 2 Exhibit 3-4, # 3 Exhibit 5-11, # 4 Exhibit 12, # 5 Exhibit 13-16, # 6 Exhibit 17-19, # 7 Exhibit 20, # 8 Exhibit 21-27)(Chrestman, Jennifer) (Entered: 02/29/2008)

STATEMENT OF FACTS (Local Rule 56.1) re 65 Motion for Summary Judgment, 66 Brief in Support, Bases on Judicial Estoppel filed by Tobacco Superstores Inc. (Chrestman, Jennifer) (Entered: 02/29/2008)

RESPONSE re 67 Statement of Facts (Local Rule 56.1) (Plaintiff's Response to Defendant's Statement of Material Facts in Support of Its Motion for Partial Summary Judgment Based on Judicial Estoppel) by Equal Employment Opportunity Commission (Attachments: # 1 Exhibit No. 1 - Sharkey Charge of Discrimination)(Liner, Celia) (Entered: 03/13/2008)

RESPONSE in Opposition re 65 MOTION for Summary Judgment Based on Judicial Estoppel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1 - Sharkey Charge of Discrimination, # 2 Exhibit Unpublished Case - Small v. Ark. Fair Housing Commission, # 3 Exhibit Unpublished Case - EEOC v. Outback Steak House, # 4 Exhibit Unpublished Case - EEOC v. J.P. Street & Co., # 5 Exhibit Unpublished Case - EEOC v. Digital Connections, Inc., # 6 Exhibit Unpublished Case - EEOC v. Winslow Mem. Hosp. Inc.)(Liner, Celia) (Entered: 03/13/2008)

REPLY to Response to Motion re 65 MOTION for Summary Judgment Based on Judicial Estoppel filed by Tobacco Superstores Inc. (Attachments: # 1 Exhibit A, # 2 Document)(Lombardi, Robert) (Entered: 03/24/2008)

MOTION for Partial Summary Judgment on Judicial Estoppel or Integrated Enterprise by Equal Employment Opportunity Commission (Liner, Celia) (Entered: 04/25/2008)

BRIEF IN SUPPORT filed by Equal Employment Opportunity Commission re 71 Motion for Partial Summary Judgment on Judicial Estoppel or Integrated Enterprise (Attachments: # 1 Exhibit List to Memo in Support of Motion for Partial Summary Judgment, # 2 Exhibit No. 1 - Allen Complaint, Doc 1, # 3 Exhibit No. 2 - Orig. and Amended Answer, Document 2, 16, # 4 Exhibit No. 3 - David Cohn depo excerpts, # 5 Exhibit No. 4 - Allen Doc. 32, # 6 Exhibit No. 5 - Allen doc 68, # 7 Exhibit No. 6 - Allen doc. 69, # 8 Exhibit No. 76 - Allen doc 76, # 9 Exhibit No. 8 - Allen doc 169, # 10 Exhibit No. 9 - Interrogatories, # 11 Exhibit No. 10 - David Cohn Trial Testimony, p. 562, # 12 Exhibit Cobb Trial Testimony, p.904-5, 909, 970-71, # 13 Exhibit No. 12 - Larry Cobb 30b6 depo excerpts, # 14 Exhibit No. 13 - Letter dated April 1, 2004, # 15 Exhibit Larry Cobb depo excerpts, # 16 Exhibit No. 15 - Exh 2 to Cobb 30b6 depo, # 17 Exhibit No. 16 - Don Morgan file, # 18 Exhibit No. 17 - Shannon Cox file, # 19 Exhibit No. 18 - April Messick docs, # 20 Exhibit No. 19 - Barbara Avery Shults docs, # 21 Exhibit No. 20 - Jennifer Boyd docs, # 22 Document No. 21 - Sherrie Herrell Springer file, # 23 Exhibit No. 22 - James Phillips docs, # 24 Exhibit No. 23 - Ashley Thompson Partain file, # 25 Exhibit No. 24 - Weddington depo excerpts, # 26 Exhibit No. 25 - Defs Response to Production)(Liner, Celia) (Entered: 04/25/2008)

STATEMENT OF FACTS (Local Rule 56.1) re 71 Motion for Partial Summary Judgment on Judicial Estoppel or Integrated Enterprise filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit List to Statement of Material Facts, # 2 Exhibit No. 1 - Incorporation docs, # 3 Exhibit David Cohn depo excerpts, # 4 Exhibit No. 3 - Interrogatories, # 5 Exhibit No. 4 - Cobb 30b6 depo excerpts, # 6 Document No. 5 - Parker depo excerpts, # 7 Exhibit No. 6 - Weddington depo excerpts, # 8 Exhibit No. 7 - McNamee depo excerpts, # 9 Exhibit No. 8 - Mills depo excerpts, # 10 Exhibit No. 9 - Exh. 4 to Cobb 30b6 depo, # 11 Exhibit No. 10 - Exh. 2 to Cobb 30b6 depo, # 12 Exhibit No. 11 - Whitlock depo excerpts, # 13 Exhibit No. 12 - Cobb depo excerpts, # 14 Exhibit No. 13 - Exh 4 to Cobb depo, # 15 Exhibit No. 14 - Exh 2 to Cobb depo, # 16 Exhibit No. 15 - Akers Douglas depo excerpts, # 17 Exhibit No. 16 - Dooley 30b6 depo excerpts, # 18 Exhibit No. 17 - Allen Cohn depo excerpts, # 19 Exhibit No. 18 - Light depo excerpts, # 20 Exhibit No. 19 - Defs Response to Production, # 21 Exhibit No. 20 - Williams depo excerpts, # 22 Exhibit No. 21 - TSS Bates #13260, # 23 Exhibit No. 22 - AR Tobacco Control Board docs, # 24 Exhibit No. 23 - Exh 9 to Cobb 30b6 depo, # 25 Exhibit No. 24 - Mylene Baxter docs, # 26 Exhibit No. 25 - TSS Pay Increase documents, # 27 Exhibit No. 26 - Christy Price docs, # 28 Exhibit No. 27 - Tobacco Server Awareness Forms)(Liner, Celia) (Entered: 04/25/2008)

Unopposed MOTION for Extension of Time to File Response/Reply as to 71 MOTION for Partial Summary Judgment on Judicial Estoppel or Integrated Enterprise by Tobacco Superstores Inc (Attachments: # 1 Proposed Order)(Lombardi, Robert) (Entered: 05/05/2008)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 74 Defendant's Unopposed Motion for Extension of Time to File Response. Accordingly, Defendant's response to Plaintiff's Motion for Partial Summary Judgment 71 must be filed by 5 p.m., May 20, 2008.Signed by Judge William R. Wilson, Jr on 05/05/08. (dmm) (Entered: 05/05/2008)

ORDER OF REASSIGNMENT. Case reference reassigned to Magistrate Judge J. Thomas Ray. Signed at the Direction of the Court on 5/13/2008. (thd) (Entered: 05/13/2008)

Cross MOTION for Partial Summary Judgment as to Judicial Estoppel and Integrated Enterprise by Tobacco Superstores Inc (Lombardi, Robert) (Entered: 05/20/2008)

BRIEF IN SUPPORT filed by Tobacco Superstores Inc re 79 Motion for Partial Summary Judgment, 71 Motion for Partial Summary Judgment on the Issues of Judicial Estoppel and Integrated Enterprise and Opposition (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (part a), # 3 Exhibit 2 (part b), # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Attachment)(Lombardi, Robert) (Entered: 05/20/2008)

STATEMENT OF FACTS (Local Rule 56.1) re 79 Motion for Partial Summary Judgment in Support of Its Cross-Motion for Summary Judgment filed by Tobacco Superstores Inc. (Lombardi, Robert) (Entered: 05/20/2008)

STATEMENT OF FACTS (Local Rule 56.1) re 71 Motion for Partial Summary Judgment in Opposition to Plaintiff's Motion for Partial Summary Judgment filed by Tobacco Superstores Inc. (Lombardi, Robert) (Entered: 05/20/2008)

Unopposed MOTION for Extension of Time to File Response/Reply as to 79 Cross MOTION for Partial Summary Judgment as to Judicial Estoppel and Integrated Enterprise (Proposed Order Submitted) by Equal Employment Opportunity Commission (Liner, Celia) (Entered: 05/22/2008)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 83 Plaintiff's unopposed Motion for Extension of Time to File Response to Defendant's Cross-Motion for Partial Summary Judgment 79 . Accordingly, Plaintiff's response must be filed by 5 p.m., Monday, June 16, 2008. Signed by Judge William R. Wilson, Jr on 05/23/08. (dmm) (Entered: 05/23/2008)

Unopposed MOTION for Extension of Time to File Motions for Summary Judgment by Tobacco Superstores Inc (Lombardi, Robert) (Docket text modified on 5/28/2008 to indicate the proposed order was filed as an attachment in error.) (thd) (Entered: 05/27/2008)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting 85 Defendant's unopposed Motion for Extension of Time to File Dispositive Motions. Accordingly, all dispositive motions must be filed by 5 p.m., Thursday, June 5, 2008. Signed by Judge William R. Wilson, Jr on 05/28/08. (dmm) (Entered: 05/28/2008)

NOTICE OF DOCKET CORRECTION re: 85 Unopposed MOTION for Extension of Time to File Motions for Summary Judgment. CORRECTION: The docket text was modified to indicate the proposed order was filed as an attachment to docket entry 85 in error. (thd)

MOTION to Strike Defendant's Supplemental Initial Disclosures by Equal Employment Opportunity Commission (Dixon, Pamela) (Entered: 05/30/2008)

BRIEF IN SUPPORT filed by Equal Employment Opportunity Commission re 88 Motion to Strike (Attachments: # 1 Exhibit A - D)(Dixon, Pamela) (Entered: 05/30/2008)

ORDER GRANTING in part and DENYING in part 53 Defendant's Motion for Partial Summary Judgment as follows: Defendant's Motion for Summary Judgment as to Class Members Who Allege Claims Prior to 9/28/01 is GRANTED; Defendant's Motion f or Summary Judgment as to Piggybacking Class Members Bass & Brown is GRANTED; Defendant's Motion for Summary Judgment as to the Forward Temporal Scope of the Class is DENIED. Defendant's 65 Motion for Summary Judgment Based on Judicial Estoppel is DENIED. Signed by Judge William R. Wilson, Jr on 6/4/08. (jct)

MOTION for Summary Judgment on Solita Brown's Failure to Promote Claim by Tobacco Superstores Inc (Lombardi, Robert) (Entered: 06/04/2008)

BRIEF IN SUPPORT filed by Tobacco Superstores Inc re 92 Motion for Summary Judgment on Solita Brown's Failure to Promote Claim (Attachments: # 1 Exhibit)(Lombardi, Robert) (Entered: 06/04/2008)

STATEMENT OF FACTS (Local Rule 56.1) re 92 Motion for Summary Judgment on Solita Brown's Failure to Promote Claim filed by Tobacco Superstores Inc. (Lombardi, Robert) (Entered: 06/04/2008)

MOTION for Partial Summary Judgment on Theresa Sharkey's Constructive Discharge Claim by Tobacco Superstores Inc (Lombardi, Robert) (Entered: 06/04/2008)

BRIEF IN SUPPORT filed by Tobacco Superstores Inc re 95 Motion for Partial Summary Judgment on Theresa Sharkey's Constructive Discharge Claim (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Lombardi, Robert) (Entered: 06/04/2008)

STATEMENT OF FACTS (Local Rule 56.1) re 95 Motion for Partial Summary Judgment on Theresa Sharkey's Constructive Discharge Claim filed by Tobacco Superstores Inc. (Lombardi, Robert) (Entered: 06/04/2008)

MOTION for Partial Summary Judgment Regarding the EEOC's Pattern or Practice Claim by Tobacco Superstores Inc (Lombardi, Robert) (Entered: 06/05/2008)

BRIEF IN SUPPORT filed by Tobacco Superstores Inc re 98 Motion for Partial Summary Judgment Regarding the EEOC's Pattern or Practice Claim (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Lombardi, Robert) (Entered: 06/05/2008)

STATEMENT OF FACTS (Local Rule 56.1) re 98 Motion for Partial Summary Judgment Regarding the EEOC's Pattern or Practice Claim filed by Tobacco Superstores Inc. (Lombardi, Robert) (Entered: 06/05/2008)

MOTION for Partial Summary Judgment on the Mixed-Motive Affirmative Defense by Tobacco Superstores Inc (Lombardi, Robert) (Entered: 06/05/2008)

BRIEF IN SUPPORT filed by Tobacco Superstores Inc re 101 Motion for Partial Summary Judgment on the Mixed-Motive Affirmative Defense (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Document, # 18 Document, # 19 Document, # 20 Document, # 21 Document, # 22 Document, # 23 Document, # 24 Document, # 25 Document, # 26 Document, # 27 Document)(Lombardi, Robert) (Entered: 06/05/2008)

STATEMENT OF FACTS (Local Rule 56.1) re 101 Motion for Partial Summary Judgment on the Mixed-Motive Affirmative Defense filed by Tobacco Superstores Inc. (Lombardi, Robert) (Entered: 06/05/2008)

AMENDED ORDER re 90 Order: Deft's 53 Motion for Summary Judgment Regarding the Temporal Scope of the Class is GRANTED in part and DENIED in part; granted as to Class Members Who Allege Claims Prior to 9/28/01; granted as to Piggybacking Class Member Ms. Brown; and denied as to the Forward Temporal Scope of the Class; Deft's 65 Motion for Summary Judgment Based on Judicial Estoppel is DENIED. Signed by Judge William R. Wilson, Jr on 6/6/08. (vjt) (Entered: 06/06/2008)