Case: EEOC v. THE NEWS AND OBSERVER PUBLISHING COMPANY

EEOC v. The News and Observer Publishing Company

EEOC v. The News and Observer Publishing Company

EEOC v. The News and Observer Publishing Company

Carly Knight, Frank Dobbin, Alexandra Kalev

Complaint filed JURY TRIAL DEMANDED (se) (Entered: 09/07/1999)

(se) (Entered: 09/07/1999)

Received an unsigned waiver of summons. Was informed that a signed form was to be filed with our office. (se) (Entered: 09/07/1999)

(se)

Received an unsigned waiver of summons. Was informed that a signed form was to be filed with our office. (se)

Notice of attorney appearance for EEOC by Zoe G. Mahood (se) (Entered: 10/15/1999)

Waiver of Service Returned Executed as to The News and Observer on 10/1/99 Answer due on 11/30/99 for The News and Observer (se) (Entered: 11/10/1999)

Answer to Complaint by The News and Observer (se) (Entered: 11/30/1999)

Request for Discovery Plan: Discovery Plan due by 12/21/99 (se) (Entered: 12/01/1999)

Discovery Plan filed by EEOC, The News and Observer (se) (Entered: 12/22/1999)

Case submitted to: USMJ William Webb [6-1] discovery submitted for an order on scheduling (se) (Entered: 12/22/1999)

(se) (Entered: 12/22/1999)

Case submitted to: USMJ William Webb [6-1] discovery submitted for an order on scheduling (se)

(se)

Order on Scheduling by Magistrate William Webb setting Discovery cutoff 5/31/00 Deadline for filing of all motions 6/30/00 Jury Trial scheduled for 10/30/00 before Judge James C. Fox Place: Wilmington, NC, cc: Counsel, S. Enyart, C. Morgan, C. Wells (se) (Entered: 12/30/1999)

CASE FILE RETURNED from: USMJ William Webb (se) (Entered: 12/30/1999)

CASE FILE RETURNED from: USMJ William Webb (se)

Notice of attorney appearance for EEOC by Lynette A. Barnes as co-counsel. (se) (Entered: 01/10/2000)

Declaration of service of Subpoena upon Timothy J. Wilkins by The News and Observer Publishing Co. (fdc) (Entered: 05/01/2000)

Joint Motion by EEOC, The News and Observer to extend time for discovery for 60 days with proposed order attached. Referred motion to USMJ Webb. (fdc) (Entered: 05/30/2000)

Received the parties proposed joint protective order. Will forward to USMJ Webb to consider. (se) (Entered: 05/30/2000)

Received the parties proposed joint protective order. Will forward to USMJ Webb to consider. (se)

Case submitted to: USMJ William Webb for review and consideration of the parties joint protective order. (se) (Entered: 05/30/2000)

Motion(s) referred: referred [10-1] motion to extend time for discovery to USMJ William A. Webb (fdc) (Entered: 05/30/2000)

Case submitted to: USMJ William Webb for review and consideration of the parties joint protective order. (se)

Motion(s) referred: referred [10-1] motion to extend time for discovery to USMJ William A. Webb (fdc)

Order granting [10-1] motion to extend time for discovery, reset discovery due for 7/31/00, reset motion filing deadline for 8/31/00, reset Jury trial before Judge James C. Fox for 12/11/00 signed by USMJ William A. OB Ref: MISCOB#19, P. 81. cc: counsel, S. Enyart, C. Morgan and C. Wells. (fdc) (Entered: 06/05/2000)

Order, for joint protective order signed by USMJ William A. Webb. See order for particulars. OB Ref: MISCOB#19, P. 82. cc: counsel. (fdc) (Entered: 06/05/2000)

CASE FILE RETURNED from: USMJ William A. Webb (fdc) (Entered: 06/05/2000)

CASE FILE RETURNED from: USMJ William A. Webb (fdc)

Declaration by The News and Observer Re: Service of Subpoena upon Lisa Wilkins to take deposition. (fdc) (Entered: 06/09/2000)

Stipulation of dismissal filed as to First Claim of Relief. (fdc) Modified on 08/14/2000 (Entered: 08/14/2000)

Motion for permission to intervene by Timothy J. Wilkins with exhibit attached (Intevenor's Complaint). Exhibit not scanned. (fdc) (Entered: 08/30/2000)

Memorandum by Timothy J. Wilkins in support of [15-1] motion for permission to intervene by Timothy J. Wilkins (fdc) (Entered: 08/30/2000)

Motion by The News and Observe for summary judgment (fdc) (Entered: 09/01/2000)

Memorandum by The News and Observer in support of [17-1] motion for summary judgment with exhibits attached. Exhibits not scanned. (fdc) (Entered: 09/01/2000)

Motion by EEOC to extend time to respond to defendant's motion for summary judgment with consent; without a proposed order. Counsel is requesting up until 10/5/00. Will forward to Judge Fox to consider. (se) (Entered: 09/20/2000)

Response by The News and Observer in opposition to [15-1] motion for permission to intervene by Timothy J. Wilkins with exhibits attached (exhibits not scanned) (se) (Entered: 09/20/2000)

Motion(s) submitted: [19-1] motion to extend time to respond to defendant's motion for summary judgment submitted to Judge James C. Fox (se) (Entered: 09/20/2000)

Motion(s) submitted: [19-1] motion to extend time to respond to defendant's motion for summary judgment submitted to Judge James C. Fox (se)

Order granting [19-1] motion to extend time to respond to defendant's motion for summary judgment, Response to reset to 10/5/00 for [17-1] motion for summary judgment signed by Judge James C. Fox. OB Ref: FOXOB#21, P. 122. cc: counsel. (faxed copy to Z. Mahood). (fdc) (Entered: 09/21/2000)

Response by EEOC to [17-1] motion for summary judgment with appendix of exhibits attached and placed in expanding folder (exhibits not scanned). (fdc) (Entered: 10/06/2000)

Motion(s) submitted: [15-1] motion for permission to intervene by Timothy J. Wilkins submitted to Judge Fox for consideration. (fdc) (Entered: 10/13/2000)

Motion(s) submitted: [15-1] motion for permission to intervene by Timothy J. Wilkins submitted to Judge Fox for consideration. (fdc)

Order denying [15-1] motion for permission to intervene by Timothy J. Wilkins signed by Judge James C. Fox. OB Ref: FOXOB#21, P. 174. cc: counsel. (fdc) (Entered: 10/19/2000)

CASE FILE RETURNED from: Judge James C. Fox (fdc) (Entered: 10/19/2000)

Pre-trial conference set at 10:30 11/28/00 before USMJ William N. Mason in Wilmington, NC, Ctrm #3 (se) (Entered: 10/20/2000)

Jury trial set at 9:00 12/11/00 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se) (Entered: 10/20/2000)

CASE FILE RETURNED from: Judge James C. Fox (fdc)

Pre-trial conference set at 10:30 11/28/00 before USMJ William N. Mason in Wilmington, NC, Ctrm #3 (se)

Jury trial set at 9:00 12/11/00 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se)

Motion by The News and Observe to extend time to file reply brief in support of Motion for Summary Judgment requesting 2-day extension with consent. Proposed order attached. (fdc) (Entered: 10/20/2000)

Order granting [24-1] motion to extend time to file reply brief in support of Motion for Summary Judgment, Reply to Response to Motion reset to 10/25/00 for [17-1] motion for summary judgment signed by Jayne C. Clark, Deputy Clerk. Counsel to serve copies. (fdc) (Entered: 10/20/2000)

Reply brief by The News and Observer to response to [17-1] motion for summary judgment with exhibits attached. (fdc) (Entered: 10/25/2000)

Motion(s) submitted: [17-1] motion for summary judgment submitted to Judge James C. Fox for consideration. (fdc) (Entered: 10/25/2000)

Motion(s) submitted: [17-1] motion for summary judgment submitted to Judge James C. Fox for consideration. (fdc)

Pre-trial conference re-set at 3:00 11/28/00 before USMJ William N. Mason in Wilmington, NC, Ctrm #3 (se) (Entered: 11/02/2000)

Pre-trial conference re-set at 3:00 11/28/00 before USMJ William N. Mason in Wilmington, NC, Ctrm #3 (se)

Motion by The News and Observer for Expanded Voir Dire and Incorporated Memorandum. (fdc) (Entered: 11/16/2000)

Notice of attorney appearance for EEOC by Kerith Cohen (se) (Entered: 11/25/2000)

Response by EEOC to [27-1] motion for Expanded Voir Dire (fdc) (Entered: 11/28/2000)

Pretrial order filed; estimated trial time is four days. Signed by USMJ William N. Mason. cc: deputy, court reporter and Judge Fox. (fdc) (Entered: 11/29/2000)

Motion(s) submitted: [27-1] motion for Expanded Voir Dire submitted to Judge James C. Fox for consideration. (Trial date is 12/11/00.) (fdc) (Entered: 11/29/2000)

Motion(s) submitted: [27-1] motion for Expanded Voir Dire submitted to Judge James C. Fox for consideration. (Trial date is 12/11/00.) (fdc)

Order; This matter, which is currently set for the undersigned's 12/11/00 term of court, hereby is CONTINUED until the 1/22/01 term of court. reset Jury trial before Judge James C. Fox for 1/22/01, The court DIRECTS the parties to file their proposed voir dire questions, including, if any party so chooses, a proposed jury questionnaire on matters involving sexual orientation, no later than December 15, 2000. The court will reserve ruling on the Defendant's Motion for Expanded Voir Dire pending review of any such proposed questionnaire. Signed by Judge James C. Fox. OB Ref: FOXOB#21, P. 259. cc: counsel, C. Morgan, S. Cannon, S. Enyart. (fdc) (Entered: 12/01/2000)

Issued Notice of Hearing: set status conference before Judge James C. Fox for 11:00 12/5/00 in Courtroom 1, Wilmington, NC. cc: counsel via fax and regular mail, Judge Fox, C. Morgan, Court Reporter, Courtroom Deputy, Raleigh and Southern Div. Offices, USMS in Raleigh, Greenville and Wilmington, CSO, GSA. (fdc) (Entered: 12/01/2000)

Issued Notice of Hearing: set status conference before Judge James C. Fox for 11:00 12/5/00 in Courtroom 1, Wilmington, NC. cc: counsel via fax and regular mail, Judge Fox, C. Morgan, Court Reporter, Courtroom Deputy, Raleigh and Southern Div. Offices, USMS in Raleigh, Greenville and Wilmington, CSO, GSA. (fdc)

Status conference held before Judge James C. Fox. Court Reporter: Stacy Schwinn, Courtroom Deputy: Susan Enyart; Law Clerk: Brian Roark. Counsel for all parties were present for the status conference. The court advises counsel that it has turned their attention to the pending summary judgment motion in this case and reviewed the pretrial order filed in the case. If this case goes to trial, the court wants to be sure that there is ample time to resolve any issues before hand. The court does not want to resolve the objections to the exhibits at trial so it wants to meet with counsel at some point in time early January 2001. The court further discussed possible settlement of this case. Counsel for the pltf advised the court that it has been discussed but that the parties are unable to come to an agreement. The court will try to rule on the pending motion for summary judgment before the holidays. (se) (Entered: 12/07/2000)

Jury trial set at 9:00 1/22/01 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se) (Entered: 12/18/2000)

Status conference held before Judge James C. Fox. Court Reporter: Stacy Schwinn, Courtroom Deputy: Susan Enyart; Law Clerk: Brian Roark. Counsel for all parties were present for the status conference. The court advises counsel that it has turned their attention to the pending summary judgment motion in this case and reviewed the pretrial order filed in the case. If this case goes to trial, the court wants to be sure that there is ample time to resolve any issues before hand. The court does not want to resolve the objections to the exhibits at trial so it wants to meet with counsel at some point in time early January 2001. The court further discussed possible settlement of this case. Counsel for the pltf advised the court that it has been discussed but that the parties are unable to come to an agreement. The court will try to rule on the pending motion for summary judgment before the holidays. (se)

Jury trial set at 9:00 1/22/01 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se)

Order, By order hereby, the date by which the parties shall submit their proposed voir dire questions, including, if any party so chooses, a proposed jury questionnaire on matters involving sexual orientation, is EXTENDED until January 5, 2001. The court will reserve ruling on the Defendant's Motion for Expanded Voir Dire pending review of any such proposed questionnaire, reset Response to Order due 1/5/01 . Signed by Judge James C. Fox. OB Ref: FOXOB#22, P. 26. cc: counsel. (fdc) (Entered: 12/07/2000)

Document filed by defendant The News and Observer titled: Defendant's Suggestion of Subsequently Decided Controlling Authority. (fdc) (Entered: 12/14/2000)

Document filed by defendant The News and Observer Publishing Co. titled: Disclosure of Corporate Affiliations and Other Entities with a Direct Financial Interest in Litigation. (se) (Entered: 12/19/2000)

Order, By order hereof, the date by which the parties shall submit their proposed voir dire questions, including, if any party so chooses, a proposed jury questionnaire on matters involving sexual orientation, is EXTENDED until January 15, 2001. reset Response to Order due 1/15/01, The court will reserve ruling on the Defendant's Motion for Expanded Voir Dire pending review of any such proposed questionnaire. signed by Judge James C. Fox. OB Ref: FOXOB#22, P. 46. cc: counsel. (fdc) (Entered: 01/04/2001)

Order, This matter, which is currently scheduled for the undersigned's January 22, 2001 term of court, hereby is CONTINUED until the March 19, 2001 term of court. The court DIRECTS the parties to file their proposed voir dire questions, including, if any party so chooses, a proposed jury questionnaire on matters involving sexual orientation, no later than March 5, 2001. The court will reserve ruling on the Defendant's Motion for Expanded Voir Dire pending review of any such proposed questionnaire., reset Response to Order due 3/5/01 signed by Judge James C. Fox. OB Ref: FOXOB#22, P. 63. cc: counsel, C. Morgan, S. Cannon, S. Enyart. (fdc) (Entered: 01/12/2001)

Jury trial set at 9:00 3/19/01 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se) (Entered: 01/30/2001)

Jury trial set at 9:00 3/19/01 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se)

Joint Motion by The News and Observe, EEOC to continue trial proposed order attached. Will forward to Judge Fox for consideration. (fdc) (Entered: 02/28/2001)

Motion(s) submitted: [37-1] motion to continue trial submitted to Judge James C. Fox for review and consideration. (fdc) (Entered: 02/28/2001)

Motion(s) submitted: [37-1] motion to continue trial submitted to Judge James C. Fox for review and consideration. (fdc)

Order granting [37-1] motion to continue trial until the June 25, 2001 term of Court. The Court DIRECTS the parties to file their proposed voir dire questions, including, if any party so chooses, a proposed jury questionnaire on matters involving sexual orientation, no later than 6/11/01. The Court will reserve ruling on the Defendant's Motion for Expanded Voir Dire pending review of any such proposed questionnaire., reset Jury trial before Judge James C. Fox for 9:00 6/25/01, set Response to Order due 6/11/01 signed by Judge James Fox. OB Ref: FOXOB#22, P. 148. cc: counsel, C. Morgan, S. Cannon and S. Enyart. (fdc) (Entered: 03/01/2001)

CASE FILE RETURNED from: Judge James C. Fox (fdc) (Entered: 03/01/2001)

CASE FILE RETURNED from: Judge James C. Fox (fdc)

Jury trial set at 9:00 6/25/01 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se) (Entered: 05/03/2001)

Jury trial set at 9:00 6/25/01 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se)

Motion by The News and Observe to continue trial with consent. Proposed order attached and forwarded to Judge James C. Fox for consideration. (fdc) (Entered: 05/30/2001)

Motion(s) submitted: [39-1] motion to continue trial submitted to Judge James C. Fox for consideration. (fdc)

Order granting [39-1] motion to continue trial, The court DIRECTS the parties to file their proposed voir dire questions, including, if any party so chooses, a proposed jury questionnaire on matters involving sexual orientation, no later than August 20, 2001. The Court will reserve ruling on the Defendant's Motion for Expanded Voir Dire pending review of any such proposed questionnaire., reset Jury trial before Judge James C. Fox for 9:00 9/4/01, reset Response to Order due 8/20/01 . Signed by Judge James C. Fox. OB Ref: FOXOB#23, P. 120. cc: counsel, C. Morgan, S. Cannon, S. Enyart. (fdc) (Entered: 06/01/2001)

Jury trial set at 9:00 9/4/01 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se) (Entered: 07/19/2001)

Jury trial set at 9:00 9/4/01 before Judge James C. Fox in Wilmington, NC, Ctrm #1 (se)

Order granting [17-1] motion for summary judgment; and this matter hereby is dismissed. Signed by Judge James C. Fox. OB Ref: FOXOB#24, P. 16. cc: counsel by regular mail and notified by telephone. (fdc) (Entered: 08/10/2001)

Judgment for The News and Observer against EEOC. IT IS ORDERED AND ADJUDGED that for the reasons set forth in the court's order of August 10, 2001, the News & Observer's motion for summary judgment is ALLOWED, and this matter hereby is DISMISSED. Signed by David W. Daniel, Clerk by Jayne C. Clark, Deputy. OB Ref: FOXOB#24, P. 17. cc: counsel via regular mail and notified by telephone. (fdc) (Entered: 08/10/2001)

CASE FILE RETURNED from: Judge James C. Fox (fdc) (Entered: 08/10/2001)

Case closed NP (fdc) (Entered: 08/10/2001)

CASE FILE RETURNED from: Judge James C. Fox (fdc)

Case closed NP (fdc)

Bill of costs filed by Robert E. Harrington, atty for deft. (fdc) (Entered: 08/27/2001)

Case submitted to: David W. Daniel, Clerk [43-1] submitted for review of Bill of Costs. (fdc) (Entered: 09/28/2001)

Case submitted to: David W. Daniel, Clerk [43-1] submitted for review of Bill of Costs. (fdc)