Case: EEOC v. Albertson's, Inc. and Albertson's, LLC

EEOC v. Albertson's LLC fka Albertson's Inc.

EEOC v. Alberton's LLC fka Alberton's Inc.

EEOC v. Alberton's LLC fka Alberton's Inc.

EEOC v. Albertson's LLC fka Alberton's Inc.

EEOC v. Albertson's LLC fka Albertson's Inc.

EEOC v. Albertson's LLC fka Albertson's Inc.

EEOC v. Albertson's LLC fka Albertson's Inc.

EEOC v. Albertson's LLC fka Alberton's Inc.

EEOC v. Albertson's LLC

EEOC v. Albertson's LLC

Carly Knight, Frank Dobbin, Alexandra Kalev

ORDER, Set Hearings: Scheduling Conference set for 9/21/2006 02:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 7/24/06. (erv, )

Minute Entry-Courtroom Minutes for proceedings held before Magistrate Judge Boyd N. Boland. taking under advisement 11 Motion for Protective Order. Motion Hearing held on 9/21/2006. (Court Reporter FTR-G. MATTEI.) (bnbcd, )

Minute ORDER granting 13 Dft Albertson's, Inc., and Albertson's LLC's Motion for Leave to file Response within 20 days;and granting 27 Dft Albertson's LLC's Motion for Leave to file Additional Material in support of its Opposition to Pla EEOC's Emergency Motion for Protective Order by Magistrate Judge Boyd N. Boland on 10/4/06.(erv, )

ORDER denying 11 Pla EEOC's Emergency Motion for Protective Order. Signed by Magistrate Judge Boyd N. Boland on 10/4/06.(erv, )

ORDER granting 36 , 37 Motion to Dismiss Party Cerberus Systems Inc and Supervalu, Inc. terminated, Without Prejudice. Signed by Judge Wiley Y. Daniel on 10/4/06.(erv, )

MINUTE ORDER granting 45 Dft Albertson's Motion for Leave to File Response to the EEOC's Rule 72 Objection to the Magistrate Judge's Order by Judge Wiley Y. Daniel on 11/2/06.(erv, )

ORDER OVERRULING 43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court and AFFIRMING Magistrate Judge's 10/4/06 39 Order on Motion for Protective Order Prohibiting Ex Parte Communications with Class Members by Plaintiff Equal Employment Opportunity. Signed by Judge Wiley Y. Daniel on 11/14/06. (erv, )

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 1/16/2007.ORDERED:Plaintiff EEOCs motion to modify scheduling order and extend deadline to identify class members(12/22/06 # 57) is GRANTED as stated on the record. Plaintiffs shall identify all known claimants on whose behalf it is seeking relief, on or before January 30, 2007. The scheduling order is modified as follows:Discovery Cut-Off: July 10, 2007Dispositive motion deadline: August 10, 2007 E xpert designation: April 10, 2007Rebuttal Expert designation: May 11, 2007 ORDERED:The Pretrial Conference set for September 10, 2007 is reset to October 22, 2007 at 9:00 a.m. Proposed pretrial order is due on or before October 15, 2007.ORDERED:The Settlement Conference set for February 16, 2007 is reset to April 17, 2007 at 1:30 p.m. Updated confidential letters are due on or before April 10, 2007. ORDERED:Plaintiff EEOCs motion for protective order(12/17/06 #54) is TAKEN UNDER ADVISEMENT as stated on the record. (Court Reporter FTR-G. Mattei.) (bnbcd, )

ORDER denying 63 Pla EEOC's Motion to Compel Rule 34(a) Request for Entry Upon Land and Request for Expedited Hearing; granting in part and denying in part 65 Motion to Compel Production of Documents and request for Expedited Hearing; Denying as Withdrawn 73 Dfts Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Boyd N. Boland on 2/16/07.(erv, )

ORDER denying 100 Stipulated Motion to Amend Scheduling Order. Signed by Magistrate Judge Boyd N. Boland on 4/12/07.(erv, )

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 4/17/2007. ORDERED:Plaintiff EEOCs motion for Rule 37 sanctions or in the alternative to compel answers to interrogatories and request for expedited hea ring(2/9/07 #70) is denied in part and granted in part.ORDERED:Defendant ALBERTSONS LLCs motion for an order compelling the EECO to provide further responses to discovery requests(3/23/07 #95) isgranted in part and denied in part. Responses due on or before June 1, 2007. (Court Reporter FTR-G. Mattei.) (bnbcd, )

ORDER Granting in Part and Denying in Part as stated on the record 95 MOTION to Compel EEOC to Provide Further Responses to Discovery Requests filed by Albertson's LLC Signed by Magistrate Judge Boyd N. Boland on 4/17/07. (erv, )

ORDER granting in part and denying in part 54 Motion for Protective Order; GRANTED with respect to Category 3. That discovery shall not be had;GRANTED to limit the time frame covered by Categories 4, 5, 7, 8, 10, 11, 12, 13, 14, and 15 to the period from January 1, 1995; and DENIED in all other respects.(erv, )

ORDER granting 108 Motion to Amend Scheduling Order; Discovery Cut-Off: September 10, 2007; Dispositive Motions Deadline: October 10, 2007; The parties shall designate all experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before June 11, 2007; The parties shall designate all rebuttal experts and provide opposing counsel with all information specified in Fed. R. Civ. P. 26(a)(2) on or before July 10, 2007; Final Pretrial Conference: The final pretrial conference set for September 10,2007, at 8:30 a.m., is VACATED and RESET to December 10, 2007, at 8:30 a.m. A proposed Final Pretrial Order shall be prepared by the parties and submitted to the court no later than December 3, 2007.Signed by Magistrate Judge Boyd N. Boland on 5/10/07.(erv, )

STIPULATION AND PROTECTIVE ORDER re: The Use and Dissemination of Confidential Information. Signed by Magistrate Judge Boyd N. Boland on 6/25/07. (erv, )

MINUTE ORDER granting 130 Unopposed Motion for Leave to file Reply Brief in Support of their Motion to Intervene as Party Plas. Applicants may file a Reply Brief on or before 7/26/07 by Magistrate Judge Boyd N. Boland on 7/18/07.(erv, )

ORDER granting 143 Dft Albertson's LLC's Motion for an Order Permitting Albertsons LLC to Conduct Four Additional Depositions and Request to Hear Motion on an Expedited Basis. Albertson's is granted leave to conduct the 14 depositions specified in footnote 3 of the Motion. Signed by Magistrate Judge Boyd N. Boland on 8/21/07.(erv, )

ORDER denying as premature 145 Motion of Applicants for Intervention to Amend Scheduling Order to Increase Limits on Written Discovery In the Event Their Motions to Intervene. Signed by Magistrate Judge Boyd N. Boland on 8/21/07.(erv, )

ORDER granting 152 EEOC's Motion for Leave to Conduct Deposition of Prisoner James Hartley on September 10, 2007, at Douglas County Jail. Signed by Magistrate Judge Boyd N. Boland on 8/21/07.(erv, )

ORDER denying 141 Emergency Motion to Exclude Csl for Applicants for Intervvention; denying 147 Albertson LLC's First Motion for Protective Order; denying 150 Dfts Albertson LLC's Motion for Protective Order; denying 156 Dft Albertson LLC's Motion for Protective Order; denying 169 Emergency Motion for Order to Compel; denying 180 Albertson's Motion to Quash; denying 183 Motion for Leave. Signed by Magistrate Judge Boyd N. Boland on 10/3/07.(erv, )

ORDER granting in part and denying in part 116 Motion to allow James Baxter to Intervene and to assert the First Cause of Action: Title VII Race Discrimination contained in the Complaint In Intervention and Jury Demand ; and DENIED in all other res pects; granting in part and denying in part 126 Christopher adams and James Steadham's Motion to Intervene and to assert First, Second, Third,and Fourth Claims for Relief and DENIED in all other respects; granting in part and denying in part 166 Solis Motion to Intervene; granting in part and denying in part 189 Valentine's Motion to Intervene. Signed by Magistrate Judge Boyd N. Boland on 12/3/07.(erv, )

ORDER denying 272 Motion to Clarify. Signed by Magistrate Judge Boyd N. Boland on 12/7/07.(erv, )

ORDER DENYING as moot 133 Motion to Stay; DENYING as moot 165 Motion for Extension of Time; DENYING as moot 171 Motion for Protective Order; DENYING as moot 176 Motion to Amend/Correct/Modify; DENYING as moot 176 Motion for Leave; DENYING a s moot 179 Motion for Protective Order; DENYING as moot 208 Motion to Compel; granting 242 Motion to Strike ; DENYING as moot 269 Motion to Withdraw ; granting 273 Joint Motion to Amend Protective Order; It is Further ORDERED that EEOC' ;s oral Motion for an extension of time, to and incl 12/13/07, to file a reply in support of Pla's Motion to Strike Rule 26 Disclosures[etc]; Discovery Cut-Off 4/11/08; Dispositive Motions Deadline 4/11/08; Final Pre-Trial Conf 6/10/08 at 10:00 a.m.; Final pre-trial Order shall be filed to the court no later than 6/3/08. Signed by Magistrate Judge Boyd N. Boland on 12/10/07.(erv, )

MINUTE ORDER granting 289 Motion to Withdraw Document; withdrawing 230 Motion for Partial Summary Judgment; granting in part and denying in part 271 Motion for Extension of Time; DENYING as moot Albertson's LLC's Unopposed 280 Motion for Extension of Time to File Response since the Motion for Partial Summary Judgment has been withdrawn ; by Judge Wiley Y. Daniel on 12/11/07.(erv, )

MINUTE ORDER granting 296 Motion to Withdraw Dfts Motion for Summary Judgment; withdrawing 223 Motion for Summary Judgment without prejjudice to file a new dispositive motion at the conclusion of the discovery period, by Judge Wiley Y. Daniel on 12/13/07.(erv, )

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. ORDERED:Plaintiff/Intervenor James Baxters motion to amend complaint as a matter of right pursuant to Rule 15(a) filed December 7, 2008; 282 is granted as stated on the record . The Clerk of Court is directed to accept the amended complaint for filing. Any response due within 10 days.ORDERED:Motion of Albertsons LLC to compel the attendance of James Baxter at the resumption of his deposition pursuant to FRCP 30 filed Decem ber 8, 2007; 283 is granted as stated on the record. Court will not impose sanctions against Albertsons. ORDERED:Motion of defendant Albertsons LLC to compel the mental examination and psychological testing of James L. Baxter, Robert Patrick Ruiz, and David Robert Lopez under Federal Rule of Civil Procedure 35 filed December 8, 2007; 284 granted as stated on the record.ORDERED:Oral motion to allow Dr. Atwell to be a designated expert for James L. Baxter is granted as stated on the record. ORD ERED:Joint deposition schedule is approved.ORDERED:Oral motion by the intervenors to allow the second deposition of Mr. Steadham be limited to 4 hours is granted as stated on the record.ORDERED:Oral motion by the intervenors to allow depositions to be moved and allow 5 more depositions to be taken is granted as stated on the record. Motion Hearing held on 12/19/2007. (Court Reporter FTR-G.Mattei.) (bnbcd, )

ORDER Granting 284 Renewed MOTION to Compel Mental Examination and Psychological Testing of Baxter, Ruiz and Lopez Pursuant to FRCP 35 filed by Albertson's LLC, Granting 283 Renewed MOTION to Compel the Attendance of James Baxter at the Resu mption of his Deposition filed by Albertson's LLC, Granting 282 MOTION to Amend/Correct/Modify filed by James L Baxter; re: 310 Deposition Schedule filed by Equal Employment Opportunity Commission, All depositions must be taken at the date and time designated in the Deposition Schedule, IT IS FURTHER ORDERED that the unopposed oral motion of James Steadham to limit his deposition to not more than four hours is GRANTED. Signed by Magistrate Judge Boyd N. Boland on 12/20/07. (erv, )

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. ORDERED:Defendant Albertsons LLCs motion for sanctions and for an order compelling the EEOC to respond to its third and fourth set of interrogatories pursuant to Rule 37 and t he Federal Rules of Civil Procedure filed December 17, 2007; doc 306 is granted in part and denied in part as stated on the record. Responses shall be provided on or before February 14, 2008. ORDERED:Defendant Albertsons LLCs second motion for an order compelling the EEOC to produce documents and for an order awarding sanctions filed December 18, 2007;doc 308 is granted in part and denied in part as stated on the record.Documents shall be produced within 30 days. Motion Hearing held on 1/14/2008. (Court Reporter FTR-G.Mattei.) (bnbcd, )

ORDER re: GRANTING IN PART and DENYING IN PART 308 Second MOTION to Produce Documents by the EEOC and For an Order Awarding Sanctions filed by Albertson's LLC,GRANTED 306 MOTION to Compel the EEOC to Respond to Its Third and Fourth Set of In terrogatories Pursuant to FRCP 37 DENYING MOTION for Sanctions filed by Albertson's LLC,EEOC shall make the discovery required by this order available to Albertsons on or before February 14, 2008. Signed by Magistrate Judge Boyd N. Boland on 1/14/2008. (sah2, )

MINUTE ORDER granting 340 Pla's Motion for Leave to Extend Page Limit. The EEOC may file an objection that exceeds the page limitations set forthin my Practice Standards by no more than five (5) pages. by Judge Wiley Y. Daniel on 1/28/08.(erv, )

MINUTE ORDER granting 345 Motion for Leave to File a Twenty Page Response Within Ten Days to Plaintiff EEOC's Objection Pursuant to Fed.R.Civ.P. 72(A) to Decision of Magistrate Judge on Defendant's Motion to Compel Information Relating to Commissioner's Charge is GRANTED. While my Minute Order of January 29, 2008, gave Defendant until February 7, 2008, to file a response, this deadline is extended to Friday, February 8, 2008. by Judge Wiley Y. Daniel on 1/30/08.(erv, )

MINUTE ORDER granting 352 Pla's Partially Unopposed Motion to Re-Schedule Oral Argument on Fed.R.Civ.P. 72(a) Objection to Decision of Magistrate Judge on Defendant's Motion to Compel Information Relating to Commissioner's Charge (filed February 5, 2008); The hearing currently set for Tuesday, February 12, 2008, at 4:00 p.m. is VACATED and RESET to Wednesday, February 13, 2008, at 3:30 p.m. by Judge Wiley Y. Daniel on 2/5/08.(erv, )

ORDER OVERRULING 342 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 337 Order, re production of 22 boxes by Plaintiff Equal Employment Opportunity Commission; It is FURTHER ORDERED that Magistrate Judge Boland's Order of January 14 , 2008, is AFFIRMED. EEOC shall start producing boxes as of Tuesday, February 19, 2008 (at least one box shall be produced by that time) and shall produce all boxes as quickly and expeditiously as possible, but by no later than Monday, March 3, 2008. It is FURTHER ORDERED that if privileged documents are located by EEOC in the boxes, EEOC shall prepare and provide to opposing counsel a privilege log as required by Fed. R. Civ. P. 26(b)(5)(A). Signed by Judge Wiley Y. Daniel on 2/22/08. (erv, )

ORDER denying 431 Motion for Leave to Reply to EEOC's Motion for Protective Order. Signed by Magistrate Judge Boyd N. Boland on 5/12/08.(erv, )

COURTROOM MINUTES - Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland: GRANTING IN PART 385 Defendant Albertson's LLC's Motion Pursuant to 16 and 26 for an Order Granting Leave to Take an Additional 23 Depositions a nd for an Order for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut-Off as follows: 1) The EEOC shall submit a witness list identifying the witnesses that will be listed on the Pretrial Order on or before June 18, 200 8; 2) Those witnesses shall be made available for deposition, each deposition not to exceed four hours in length. Defendant may not re-depose any witness that has been previously deposed. The depositions shall be completed by July 18, 2008;3) The s ubmitted list is a final witness list and may not be amended except to avoid manifest injustice; DENYING 394 Defendant's Motion to Compel Intervenor James Baxter to Respond to Albertson's Discovery Requests or in the Alternative Motion fo r Leave to Serve Discovery Outside the Court's Discovery Deadline; DENYING 404 Plaintiff EEOC's Motion for Protective Order Regarding Defendant's First Requests for Admissions. Responses to the 189 admissions request are due on or b efore June 24, 2008; GRANTING IN PART 406 Defendant Albertson's LLC's Motion Pursuant to FRCP 30 and 26 for an Order Granting Seven Hours of Additional Time for Its Questioning at the Deposition of Matthew W. Ricks as follows: 1) Mr. Rick s' deposition is subject to the Court's earlier ruling on Doc. # 385; 2) The EEOC/Intervenors will be allowed an additional one-hour of deposition time;3) Mr. Bove shall inform counsel by June 18, 2008 as to whether or not there will be any problem with Mr. Ricks' appearance for said deposition. Motion Hearing held on 6/10/2008. Deposition discovery due by 6/18/2008. Proposed Pretrial Order due no later than 10:00 a.m. on 8/25/2008. Final Pretrial Conference set for 8/29/2008 at 10:00 AM before Magistrate Judge Boyd N. Boland. (Court Reporter FTR) (psfcd)

ORDER re: 394 Denying MOTION to Compel Intervenor James Baxter filed by Albertson's LLC, 404 Denying MOTION for Protective Order Regarding Defendant's First Requests for Admissions filed by Equal Employment Opportunity Commission, 406 Granting MOTION to Pursuant to FRCP Rules 30 and 26 for an Order Granting Seven Hours of Additional Time for Its Questioning at the Deposition of Matthew W. Ricks filed by Albertson's LLC, 385 Granting in Part and Denying in Part MOTION for L eave to Take an Additional 23 Depositions and for an Order for Leave to Conduct Certain Depositions After the Presently Scheduled Discovery Cut-Off filed by Albertson's LLC; IT IS FURTHER ORDERED that a final pretrial conference will be held in this case on August 29, 2008, at 10:00 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The proposed final pretrial order shall be prepared by the parties and submitted to the court no later than August 25, 2008, at 10:00 a.m.. Signed by Magistrate Judge Boyd N. Boland on 6/10/08. (erv, )

ORDER granting 474 Pla's Unopposed Motion to Amend Trial Witness List. Signed by Magistrate Judge Boyd N. Boland on 7/14/08.(erv, )

MINUTE ORDER granting 484 Unopposed Motion to Vacate and Reschedule the Settlement Conference, the Settlement Conference set for August 4, 2008, is vacated and reset to August 11, 2008, at 1:30 p.m., in Chambers A-442, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. by Magistrate Judge Boyd N. Boland on 7/17/08.(erv, )

ORDER GRANTING 476 MOTION For Extension of Time to Complete Depositions of Trial Witnesses Designated by Plaintiff Equal Employment Opportunity Commission filed by Albertson's LLC. IT IS ORDERED that the Motion is GRANTED. Albertsons may have to and including August 29, 2008, within which to complete the depositions of the EEOCs trial witnesses. No further extension of this deadline will be allowed. IT IS FURTHER ORDERED that the parties shall confer and shall either (1) file by 4:00 p.m. today (July 28, 2008) a schedule for all remaining trial witness depositions to be taken or (2) appear at 4:00 p.m. today (July 28, 2008) in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, for a hearing at which time I shall set the deposition schedule. IT IS FURTHER ORDERED that the parties shall confer and shall either (1) file by 4:00 p.m. today (July 28, 2008) a schedule for all remaining trial witness depositions to be taken or (2) app ear at 4:00 p.m. today (July 28, 2008) in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado, for a hearing at which time I shall set the deposition schedule. IT IS FURTHER ORDERED that the final pre trial conference set for August 29, 2008, at 10:00 a.m., is VACATED and RESET to September 15, 2008, at 8:30 a.m., in Courtroom 401, 4th floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. The parties shall submit to the court a proposed final pretrial order on or before September 8, 2008.. Signed by Magistrate Judge Boyd N. Boland on 7/28/08. (erv, )

ORDER re: 496 Proposed Deposition Schedule, filed by Albertson's LLC; It is ORDERED that the Porposed Depo Schedule is hereby made an Order of the Court, and the depositions of the listed witnesses shall be taken, if at all, only on the dates and times specified in deposition schedule. IT IS FURTHER ORDERED that the deposition Schedule may be varied only by Order of the Court.. Signed by Magistrate Judge Boyd N. Boland on 7/28/08. (erv, )

MINUTE ORDER granting 510 Unopposed Motion for Order to Participate by Telephone and attorney Elwyn Schaefer may appear by telephone for the Pretrial Conference and hearing set for September 15, 2008, at 8:30 a.m. He is to call Chambers at the appropriate time at 303/844-6408. by Magistrate Judge Boyd N. Boland on 8/22/08.(erv, )

MINUTE ORDER re: 513 Plaintiff EEOCs Motion to Supplement the Record on Summary Judgment; and 523 Motion to Strike, the hearing set for October 2, 2008, at 2:00 p.m. is VACATED and RESET to Thursday, October 30, 2008, at 2:00 p.m. Due to the congestion in the Courts calendar, the parties are urged to make every effort to make themselves available this date. by Judge Wiley Y. Daniel on 9/4/08.(erv, )

Minute ORDER granting 540 Plaintiff EEOCs Motion for Leave to Reply to Albertsons Response [Dkt 535] to EEOCs Partially Unopposed Motion for Leave toAmend Trial Witness List [Dkt 502]. Clerk to accept the attachment for filing, by Magistrate Judge Boyd N. Boland on 9/11/08.(gms, )

ORDER granting 502 Plaintiff EEOCs Partially Unopposed Motion for Leave to Amend Trial Witness List. IT IS ORDERED that the Motion is GRANTED, and the EEOCs witness list is modified a specified in the Motion. Signed by Magistrate Judge Boyd N. Boland on 9/15/08.(erv, )

ORDER that the cross-motions for summary judgment or partial summary judgment will not be addressed at the October 30, 2008 hearing. The hearing will encompass the other motions as referenced in this Order. Signed by Judge Wiley Y. Daniel on 9/29/08. (erv, )

ORDER granting in part and denying in part 545 Albertsons LLCs Motion to Compel Shannon Breen to Respond to Questions She Refused to Answer Based on Deliberative Process Privilege. The Motion to Compel is GRANTED to require Ms. Breen within 11 days of this order to answer, in writing and under oath, Questions 38, 39, 40, 41, 42, 43, 44, and 45. The Motion to Compel is DENIED in all other respects. Signed by Magistrate Judge Boyd N. Boland on 11/12/08.(erv, )

ORDER denying 556 Motion to Disqualify Counsel ; denying 575 Motion to Amend Protective Order. Signed by Magistrate Judge Boyd N. Boland on 11/12/08.(erv, )

ORDER granting 593 Joint Motion to Stay Proceedings. This action is STAYED for 30 days, pending negotiation and finalization of a consent decree and related settlement documents; Dismissal Paper due by 3/20/2009. by Judge Christine M. Arguello on 2/19/09.(erv, )

ORDER re: 598 Joint Status Report and Motion to Extend Stay. This action is STAYED for an additional 60 days, pending negotiation and finalization of a consent decree and related settlement documents; On or before May 20, 2009, the parties shall file either a joint status report or appropriate settlement papers. by Judge Christine M. Arguello on 3/24/09. (erv, )

Unopposed MOTION for Leave to Appear Allow Danny Ma of Albertson's LLC to Participate in Status Conference by Telephone by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gartner, Lawrence) (Entered: 12/14/2009)

1 Proposed Order (PDF Only)

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ORDER granting 612 Joint Motion to Consolidate Cases. With the consent of Chief Judge Wiley Y. Daniel, Senior Judge Lewis T. Babcock and Judge Marcia S. Krieger, EEOC v. Albertsons LLC, Case No. 08-cv-00640-LTB-MJW, and EEOC v. Albertsons LLC, Case No. 08-cv-02424-MSK-CBS, are CONSOLIDATED with the above- referenced Civil Action No. 06-cv-01273-CMA-BNB for the purpose of determining a Joint Motion for Entry of Consent Decree to be filed on or after December 11, 2009, and for all purposes after entry of any such Consent Decree. It is FURTHER ORDERED that the caption on all subsequent filings in this matter shall reflect such consolidation as set forth above. by Judge Christine M. Arguello on 12/14/09.(erv, ) (Entered: 12/15/2009)

ORDER granting 613 Joint Motion for Order for Entry of Consent Decree; granting 613 Motion to Seal Distribution List and for Dismissal With Prejudice Subject to the Entry of Consent Decree; Denying as moot 614 Defendants Unopposed Motion for Leave to Appear by Telephone; Denying as moot 615 Defendants Unopposed Motion for Leave to Appear by Telephone; It is FURTHER ORDERED that the status conference set for December 17, 2009 is VACATED. by Judge Christine M. Arguello on 12/14/09.(erv, ) (Entered: 12/15/2009)

CONSENT DECREE EEOC and Albertsons desire to resolve the actions by entry of this agreed upon Consent Decree by the Court without modification. The Parties agree that the Court has the power to enter this Consent Decree and to grant the monetary and equitale relief set forth herein. by Judge Christine M. Arguello on 12/14/09. (erv, ) (Entered: 12/15/2009)

SEALED DOCUMENT Distribution list by Plaintiff Equal Employment Opportunity Commission, to 618 Consent Decree (erv, ) (Entered: 12/15/2009)