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

1:06-cv-01273 | U.S. District Court for the District of Colorado

Filed Date: June 30, 2006

Closed Date: 2013

Clearinghouse coding complete

Case Summary

In June 2006, the Phoenix District Office and Denver Field Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against distribution center operators Albertson's, Inc., Albertson's LLC, Supervalu, Inc. and Cerberus Capital Management, L.P. in the U.S. District Court for the District of Colorado, alleging discrimination based on race, color, and/or national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the de…

In June 2006, the Phoenix District Office and Denver Field Office of the Equal Employment Opportunity Commission (EEOC) filed this lawsuit against distribution center operators Albertson's, Inc., Albertson's LLC, Supervalu, Inc. and Cerberus Capital Management, L.P. in the U.S. District Court for the District of Colorado, alleging discrimination based on race, color, and/or national origin in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that the defendants maintained a hostile work environment and subjected the complaining parties to other adverse terms and conditions of employment.

The plaintiffs alleged long-term, continuing, and pervasive harassment and discrimination by supervisors and co-workers, including offensive and disparaging racial comments and graffiti, assignment of minorities to harder and less desirable duties, favoring of non-minorities in promotions, disciplining minorities more harshly, and Albertson’s failure to take appropriate, timely, and effective remedial action.

Supervalu, Inc. and Cerberus Capital Management, L.P. were dismissed from the lawsuit in October 2006. The parties engaged in discovery from 2006 through 2009. On December 3, 2007, the Court (Judge Wiley Y. Daniel) granted motions to allow four plaintiff intervenors to intervene, and the four plaintiff intervenors filed complaints that day.

On April 28, 2008, the parties filed cross motions for summary judgment. The case was reassigned to Judge Christine M. Arguello on October 22, 2008. Proceedings were stayed beginning in February, 2009 pending negotiation and finalization of a consent decree. At the time the consent decree was developed, Albertsons had represented that it planned to close its Colorado distribution center in late fall 2009 for business reasons unrelated to the action.

On December 11, 2009, the parties made a joint motion to consolidate this lawsuit with two other EEOC proceedings involving the Aurora, Colorado Albertson's distribution center. Judge Arguello granted the motion on December 14, 2009, and entered the consent decree that day. The consent decree included provisions against retaliation, a neutral reference for complaining parties, an equal employment opportunity training for supervisory and management employees, and certain terms should Albertson's open or reopen a distribution center in Colorado during the time of the consent decree. The consent decree also provided that Albertson's pay $8,900,000.00 to a class settlement fund to be distributed as determined by the EEOC.

The consent decree remained in effect for four years, and the case is now closed.

Summary Authors

Daisy Manning (5/26/2008)

Sarah McDonald (8/4/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4763394/parties/equal-employment-opportunity-commission-v-albertsons-llc/


Judge(s)

Arguello, Christine M. (Colorado)

Boland, Boyd N. (Colorado)

Attorney for Plaintiff
Attorney for Defendant

Crews, S. Kato (Colorado)

Crews, Shane Kato (Colorado)

Gartner, Lawrence (California)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:06-cv-01273

Docket (PACER)

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

Dec. 14, 2009

Dec. 14, 2009

Docket
1

1:06-cv-01273

Complaint

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

June 30, 2006

June 30, 2006

Complaint
2

1:06-cv-01273

First Amended Complaint

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

July 6, 2006

July 6, 2006

Complaint
52

1:06-cv-01273

Order [regarding motion for protective order]

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

Nov. 14, 2006

Nov. 14, 2006

Order/Opinion
83

1:06-cv-01273

Order [denying motion to compel]

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

Feb. 16, 2007

Feb. 16, 2007

Order/Opinion
84

1:06-cv-01273

Order [regarding motion to compel]

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

Feb. 16, 2007

Feb. 16, 2007

Order/Opinion
107

1:06-cv-01273

Order [regarding motion to compel]

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

April 17, 2007

April 17, 2007

Order/Opinion
111

1:06-cv-01273

Opinion and Order

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

May 1, 2007

May 1, 2007

Order/Opinion

2007 WL 1299194

116-2

1:06-cv-01273

Complaint in Intervention and Jury Demand filed by James L. Baxter

EEOC v. Albertson's LLC

Dec. 3, 2007

Dec. 3, 2007

Complaint
126-2

1:06-cv-01273

Complaint and Jury Demand of Intervenors Christopher Adams and James Steadham

EEOC v. Albertson's LLC

Dec. 3, 2007

Dec. 3, 2007

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4763394/equal-employment-opportunity-commission-v-albertsons-llc/

Last updated July 20, 2026, 5:25 a.m.

Docket for: Equal Employment Opportunity Commission v. Albertson's LLC
ECF Number Date Description Link
1 June 30, 2006

COMPLAINT and Jury Trial Demand against Albertson's Inc. Summons Not Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(gms, ) (Entered: 06/30/2006)

1 Civil Cover Sheet

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RECAP
2 July 6, 2006

AMENDED COMPLAINT against all defendants, filed by Equal Employment Opportunity Commission.(Rogers, Kim) (Entered: 07/06/2006)

RECAP
3 July 10, 2006

ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland by Judge Daniel. (wydcd, ) (Entered: 07/10/2006)

RECAP
4 July 24, 2006

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, )

RECAP
5 Aug. 9, 2006

MINUTE ORDER, Reset Hearings: Scheduling Conference Reset for 10/20/2006 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 8/9/06. (erv, ) Modified on 8/9/2006 to reflect that the hearing has been reset(erv, ). (Entered: 08/09/2006)

RECAP
6 Aug. 14, 2006

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Albertson's Inc. waiver sent on 7/10/2006, answer due 9/8/2006. (Rogers, Kim) (Entered: 08/14/2006)

RECAP
7 Aug. 14, 2006

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Albertson's LLC waiver sent on 7/10/2006, answer due 9/8/2006. (Rogers, Kim) (Entered: 08/14/2006)

RECAP
8 Aug. 14, 2006

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Cerbus Capital Management waiver sent on 8/1/2006, answer due 10/2/2006. (Rogers, Kim) (Entered: 08/14/2006)

RECAP
9 Aug. 14, 2006

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Supervalu, Inc. waiver sent on 7/10/2006, answer due 9/8/2006. (Rogers, Kim) (Entered: 08/14/2006)

RECAP
10 Aug. 14, 2006

Docket Annotation re: 9 Waiver of Service Executed as to Supervalu Inc., will be found on page 2 of this filing. Albertson's service is a duplicate filing. This service as to Supervalu Inc., ONLY. Text only entry - no document attached. (erv, ) (Entered: 08/14/2006)

RECAP
11 Aug. 21, 2006

Emergency MOTION for Protective Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 - LOD# 2 Exhibit Class Member Contact# 3 Exhibit 3 - PO Letter 8.18.06# 4 Exhibit 4 - GA Pacific# 5 Exhibit 5 - Chemtech# 6 Exhibit 6 - HBE# 7 Exhibit 7 - Mitsubishi (part 1)# 8 Exhibit 7 - Mitsubishi (Part 2)# 9 Exhibit 8 - Hoffman# 10 Exhibit 9 - Nebco Evans# 11 Exhibit 10 - Publix# 12 Exhibit 11 - Proposed Protective Order)(Weeks, Nancy) (Entered: 08/21/2006)

1 Exhibit 1 - LOD

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2 Exhibit Class Member Contact

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3 Exhibit 3 - PO Letter 8.18.06

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4 Exhibit 4 - GA Pacific

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5 Exhibit 5 - Chemtech

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6 Exhibit 6 - HBE

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7 Exhibit 7 - Mitsubishi (part 1)

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8 Exhibit 7 - Mitsubishi (Part 2)

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9 Exhibit 8 - Hoffman

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10 Exhibit 9 - Nebco Evans

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11 Exhibit 10 - Publix

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12 Exhibit 11 - Proposed Protective Order

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RECAP
12 Aug. 22, 2006

MEMORANDUM referring to Magistrate Judge Boland : 11 Emergency MOTION for Protective Order filed by Equal Employment Opportunity Commission, (Text Only Entry - No Document Attached)by Judge Wiley Y. Daniel on 8/22/06. (erv, ) (Entered: 08/22/2006)

RECAP
13 Aug. 22, 2006

MOTION for Leave to File Response Within the Twenty Days Set Forth in D.C.COLO.LCivR 7.1 to Plaintiff EEOC's Emergency Motion by Defendants Albertson's LLC, Albertson's Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 08/22/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Proposed Order (PDF Only)

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RECAP
14 Aug. 23, 2006

MEMORANDUM referring to Magistrate Judge Boland : 13 MOTION for Leave to File Response Within the Twenty Days Set Forth in D.C.COLO.LCivR 7.1 to Plaintiff EEOC's Emergency Motion filed by Albertson's Inc.,, Albertson's LLC, (Text Only Entry - No Document Attached)by Judge Wiley Y. Daniel on 8/23/06. (erv, ) (Entered: 08/23/2006)

RECAP
15 Aug. 25, 2006

Minute ORDER Setting Hearing on Plaintiff's 11 Emergency MOTION for Protective Order: Motion Hearing set for 9/21/2006 02:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland, by Magistrate Judge Boyd N. Boland on 8/25/06. (gms, ) (Entered: 08/25/2006)

RECAP
16 Aug. 25, 2006

CORPORATE DISCLOSURE STATEMENT by Defendants Albertson's LLC, Albertson's Inc.. (Mandelson, Richard) (Entered: 08/25/2006)

RECAP
17 Sept. 8, 2006

MOTION For Extension of Time to File Responsive Pleadings and Certificate of Compliance with D.C.COLO.LCivR. 7.1(A) by Defendant Supervalu, Inc.. (Attachments: # 1 Proposed Order (PDF Only) on SUPERVALU INC.'s Motion for Extension of Time to File Responsive Pleadings to First Amended Complaint)(Nosler, Michael) (Entered: 09/08/2006)

1 Proposed Order (PDF Only) on SUPERVALU INC.'s Motion for Extension of Time

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RECAP
18 Sept. 8, 2006

Minute ORDER granting 17 Dft Supervalu Inc., Uncontested Motion for Extension of Time to File Responsive Pleadings to and incl 9/18/06 by Judge Wiley Y. Daniel on 9/8/06. (erv, ) (Entered: 09/08/2006)

RECAP
19 Sept. 8, 2006

ANSWER to Amended Complaint by Albertson's LLC, Albertson's Inc..(Mandelson, Richard) (Entered: 09/08/2006)

RECAP
20 Sept. 13, 2006

BRIEF in Opposition re 11 Emergency MOTION for Protective Order filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(Mandelson, Richard) (Entered: 09/13/2006)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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21 Sept. 13, 2006

AFFIDAVIT re 20 Brief in Opposition to Motion Affidavit of Naomi Young in Support of Opposition by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Mandelson, Richard) (Entered: 09/13/2006)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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22 Sept. 13, 2006

AFFIDAVIT re 20 Brief in Opposition to Motion Affidavit of Amanda Paquet in Support of Opposition by Defendant Albertson's LLC. (Mandelson, Richard) (Entered: 09/13/2006)

RECAP
23 Sept. 13, 2006

AFFIDAVIT re 20 Brief in Opposition to Motion Affidavit of Antonio Villegas in Support of Opposition by Defendant Albertson's LLC. (Mandelson, Richard) (Entered: 09/13/2006)

RECAP
24 Sept. 13, 2006

AFFIDAVIT re 20 Brief in Opposition to Motion Affidavit of Kimberly M. Talley in Support of Opposition by Defendant Albertson's LLC. (Mandelson, Richard) (Entered: 09/13/2006)

RECAP
25 Sept. 18, 2006

ANSWER to Amended Complaint by Supervalu, Inc..(Crews, S.) (Entered: 09/18/2006)

RECAP
26 Sept. 19, 2006

ERRATA re 20 Brief in Opposition to Motion by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1)(Gusha, Stefanie) (Entered: 09/19/2006)

1 Exhibit 1

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RECAP
27 Sept. 19, 2006

MOTION for Leave to File Additional Material in Support of its Opposition to Plaintiff EEOC's Emergency Motion for Protective Order by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Proposed Order (PDF Only))(Gusha, Stefanie) (Entered: 09/19/2006)

1 Exhibit 1

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2 Exhibit 2

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3 Proposed Order (PDF Only)

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28 Sept. 20, 2006

MEMORANDUM regarding 27 MOTION for Leave to File Additional Material in Support of its Opposition to Plaintiff EEOC's Emergency Motion for Protective Order filed by Albertson's LLC. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel on 9/20/06. (erv, ) (Entered: 09/20/2006)

RECAP
29 Sept. 21, 2006

NOTICE of Entry of Appearance by Lawrence Jeffrey Gartner on behalf of Albertson's LLC (Gartner, Lawrence) (Entered: 09/21/2006)

RECAP
30 Sept. 21, 2006

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, )

RECAP
31 Sept. 28, 2006

NOTICE of Entry of Appearance by Andrew Wayne Volin on behalf of Cerbus Capital Management (Volin, Andrew) (Entered: 09/28/2006)

RECAP
32 Sept. 28, 2006

CORPORATE DISCLOSURE STATEMENT by Defendant Cerbus Capital Management. (Volin, Andrew) (Entered: 09/28/2006)

RECAP
33 Sept. 28, 2006

Unopposed MOTION for Extension of Time to File Answer re 2 Amended Complaint by Defendant Cerbus Capital Management. (Volin, Andrew) (Entered: 09/28/2006)

RECAP
34 Sept. 28, 2006

MEMORANDUM regarding 33 Unopposed MOTION for Extension of Time to File Answer re 2 Amended Complaint filed by Cerberus Systems Inc. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel on 9/28/06. (erv, ) (Entered: 09/28/2006)

RECAP
35 Sept. 29, 2006

Minute ORDER granting 33 Motion for Extension of Time to Answer re 2 Amended Complaint Cerberus Systems Inc answer due 10/6/2006. by Magistrate Judge Boyd N. Boland on 9/29/06.(erv, ) (Entered: 09/29/2006)

RECAP
36 Oct. 2, 2006

Unopposed MOTION to Dismiss Party Cerberus Capital Management, L.P. by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Rogers, Kim) (Entered: 10/02/2006)

1 Proposed Order (PDF Only)

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RECAP
37 Oct. 4, 2006

Stipulated MOTION to Dismiss Party Supervalu Inc. by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Rogers, Kim) (Entered: 10/04/2006)

1 Proposed Order (PDF Only)

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RECAP
38 Oct. 4, 2006

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, )

RECAP
39 Oct. 4, 2006

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

RECAP
40 Oct. 4, 2006

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, )

RECAP
41 Oct. 11, 2006

MINUTE ORDER, Reset Hearings: Scheduling Conference Reset for 11/2/2006 09:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 10/11/06. (erv, ) (Entered: 10/11/2006)

RECAP
42 Oct. 12, 2006

MINUTE ORDER, Reset Hearings: Scheduling Conference Reset for 11/2/2006 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 10/12/06. (erv, ) (Entered: 10/12/2006)

RECAP
43 Oct. 19, 2006

APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 39 Order on Motion for Protective Order by Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Proposed Order (PDF Only))(Rogers, Kim) (Entered: 10/19/2006)

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Proposed Order (PDF Only)

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44 Oct. 26, 2006

Proposed Scheduling Order by Plaintiff Equal Employment Opportunity Commission. (Rogers, Kim) (Entered: 10/26/2006)

RECAP
45 Nov. 1, 2006

MOTION for Leave to File Response to the EEOC's Rule 72 Objection to Magistrate Judge's October 4, 2006 Order by Defendant Albertson's LLC. (Attachments: # 1 Proposed Document Response to EEOC's Rule 72 Obj. to Magistrate Judge's Order# 2 Exhibit 1 to Response# 3 Unpublished Case - Chemtech# 4 Unpublished Case - HBE# 5 Unpublished Case - Georgia Pacific)(Gartner, Lawrence) (Entered: 11/01/2006)

1 Proposed Document Response to EEOC's Rule 72 Obj. to Magistrate Judge'

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2 Exhibit 1 to Response

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3 Unpublished Case - Chemtech

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4 Unpublished Case - HBE

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5 Unpublished Case - Georgia Pacific

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46 Nov. 2, 2006

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, )

RECAP
47 Nov. 2, 2006

RESPONSE to objection to 43 APPEAL OF MAGISTRATE JUDGE DECISION to District Court re 39 Order on Motion for Protective Order by Plaintiff Equal Employment Opportunity CommissionAPPEAL OF MAGISTRATE JUDGE DECISION to District Court re [ filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5)(erv, ) (Entered: 11/02/2006)

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48 Nov. 2, 2006

MINUTE ORDER IT IS ORDERED that the defendant's unopposed oral motion to amend the caption is GRANTED. by Magistrate Judge Boyd N. Boland on 11/2/06. (erv, ) (Entered: 11/02/2006)

RECAP
49 Nov. 2, 2006

SCHEDULING ORDER: Discovery due by 6/1/2007.,Dispositive Motions due by 7/2/2007.,Settlement Conference set for 2/16/2007 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland.,Proposed Pretrial Order due by 9/3/2007.,Final Pretrial Conference set for 9/10/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Signed by Magistrate Judge Boyd N. Boland on 11/2/06. (erv, ) (Entered: 11/02/2006)

RECAP
50 Nov. 2, 2006

MINUTE ORDER Pursuant to the Scheduling Conference held on November 2, 2006, it is hereby ORDERED that a Settlement Conference is set for February 16, 2007, at 1:30 p.m. and a Pretrial Conference is set for September 10, 2007, at 8:30 a.m., in Courtroom A401, Fourth Floor, of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado by Magistrate Judge Boyd N. Boland on 11/2/06. (erv, ) (Entered: 11/02/2006)

RECAP
51 Nov. 2, 2006

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Scheduling Conference held on 11/2/2006. Discovery due by 6/1/2007.Dispositive Motions due by 7/2/2007.Settlement Conference set for 2/16/2007 01:30 PM in Conference Room before Magistrate Judge Boyd N. Boland.Proposed Pretrial Order due by 9/3/2007.Final Pretrial Conference set for 9/10/2007 08:30 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. ORDERED:The plaintiff shall identify all known claimants on whose behalf it is seeking relief on or before December 22, 2006.ORDERED:Oral motion by defendants to amend the caption is GRANTED.(Court Reporter FTR-G. Mattei.) (bnbcd, ) (Entered: 11/02/2006)

RECAP
52 Nov. 14, 2006

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, )

RECAP
53 Dec. 6, 2006

TRANSCRIPT of Scheduling Conference held on November 2, 2006 before Magistrate Judge Boyd N. Boland. Prepared by: Avery/Woods Reporting Service. Pages: 1-22. (certified copy) Text Only Entry - Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (erv, ) (Entered: 12/06/2006)

RECAP
54 Dec. 17, 2006

MOTION for Protective Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Deposition Notice# 2 Exhibit Revised Deposition Notice# 3 Exhibit Unpublished Case Georgia Pacific# 4 Exhibit Unpublished Case Chemtech# 5 Exhibit Unpublished Case HBE)(Rogers, Kim) (Entered: 12/17/2006)

1 Exhibit Deposition Notice

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2 Exhibit Revised Deposition Notice

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3 Exhibit Unpublished Case Georgia Pacific

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4 Exhibit Unpublished Case Chemtech

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5 Exhibit Unpublished Case HBE

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55 Dec. 18, 2006

MEMORANDUM regarding 54 MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 12/18/06. (wydcd, rrk) (Entered: 12/18/2006)

RECAP
56 Dec. 19, 2006

MINUTE ORDER re: 54 MOTION for Protective Order filed by Equal Employment Opportunity Commission, Dft shall respond on or before 1/5/07; Set Hearings: Motion Hearing set for 1/9/2007 08:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 12/19/06. (erv, ) (Entered: 12/19/2006)

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57 Dec. 22, 2006

MOTION For Extension of Time to Identify Class Members by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit)(Rogers, Kim) (Entered: 12/22/2006)

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58 Dec. 26, 2006

MEMORANDUM regarding 57 MOTION For Extension of Time to Identify Class Members by Plaintiff. Motions referred to Magistrate Judge Boyd N. Boland by Judge Wiley Y. Daniel on 12/26/06. (Text Only Entry - No Document Attached)(dln, ) (Entered: 12/26/2006)

RECAP
59 Dec. 27, 2006

MINUTE ORDER re: 54 MOTION for Protective Order filed by Equal Employment Opportunity Commission,Reset Hearings: Motion Hearing set for 1/16/2007 04:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. Dfts are to respond to the Motion on or before 1/12/07, by Magistrate Judge Boyd N. Boland on 12/27/06. (erv, ) (Entered: 12/27/2006)

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60 Dec. 27, 2006

RESPONSE to Motion re 57 MOTION For Extension of Time to Identify Class Members and Modify Scheduling Order filed by Defendants Albertson's LLC, Albertson's Inc.. (Attachments: # 1 Exhibit Attachment A)(Mandelson, Richard) (Entered: 12/27/2006)

1 Exhibit Attachment A

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61 Jan. 12, 2007

RESPONSE to Motion re 54 MOTION for Protective Order filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Gartner, Lawrence) (Entered: 01/12/2007)

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62 Jan. 16, 2007

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, )

RECAP
63 Feb. 5, 2007

MOTION to Compel Rule 34 Entry Upon Land by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Attachment 1# 2 Exhibit Attachment 2# 3 Exhibit Attachment 3)(Rogers, Kim) (Entered: 02/05/2007)

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64 Feb. 5, 2007

MEMORANDUM regarding 63 MOTION to Compel Rule 34 Entry Upon Land filed by Equal Employment Opportunity Commission. (Text Only Entry - No Document Attached) Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 2/5/07. (wydcd, rrk) (Entered: 02/05/2007)

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65 Feb. 6, 2007

MOTION to Compel Production of Documents by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Rogers, Kim) (Entered: 02/06/2007)

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66 Feb. 6, 2007

MEMORANDUM regarding 65 MOTION to Compel Production of Documents filed by Equal Employment Opportunity Commission. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 2/6/07. (wydcd, rrk) (Entered: 02/06/2007)

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67 Feb. 7, 2007

MINUTE ORDER re: 63 MOTION to Compel Rule 34 Entry Upon Land filed by Equal Employment Opportunity Commission, Set Hearings: Motion Hearing set for 2/16/2007 04:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland., by Magistrate Judge Boyd N. Boland on 2/7/07. (erv, ) (Entered: 02/07/2007)

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68 Feb. 7, 2007

NOTICE of Change of Address by Lawrence Jeffrey Gartner (Gartner, Lawrence) (Entered: 02/07/2007)

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69 Feb. 7, 2007

NOTICE of Change of Address by Stefanie M. Gusha (Gusha, Stefanie) (Entered: 02/07/2007)

RECAP
70 Feb. 9, 2007

MOTION for Sanctions by Plaintiff Equal Employment Opportunity Commission. (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)(Rogers, Kim) (Entered: 02/09/2007)

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RECAP
71 Feb. 9, 2007

MEMORANDUM regarding 70 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 2/9/07. (wydcd, rrk) (Entered: 02/09/2007)

RECAP
72 Feb. 13, 2007

MINUTE ORDER, Reset Hearings: Settlement Conference Reset for 4/17/2007 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 2/13/07. (erv, ) (Entered: 02/13/2007)

RECAP
73 Feb. 13, 2007

MOTION for Extension of Time to File Response/Reply as to 63 MOTION to Compel Rule 34 Entry Upon Land, 65 MOTION to Compel Production of Documents and for Continuance of February 16, 2007 Hearing by Defendant Albertson's LLC. (Attachments: # 1 Affidavit Naomi Young# 2 Proposed Order (PDF Only))(Mandelson, Richard) (Entered: 02/13/2007)

1 Affidavit Naomi Young

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2 Proposed Order (PDF Only)

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RECAP
74 Feb. 13, 2007

MEMORANDUM regarding 73 MOTION for Extension of Time to File Response/Reply as to 63 MOTION to Compel Rule 34 Entry Upon Land, 65 MOTION to Compel Production of Documents and for Continuance of February 16, 2007 Hearing MOTION for Extension of Time to File Response/Reply as to 63 MOTION to Compel Rule 34 Entry Upon Land, 65 MOTION to Compel Production of Documents and for Continuance of February 16, 2007 Hearing filed by Albertson's LLC. (Text Only Entry - No Document Attached) Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 2/13/07. (wydcd, rrk) (Entered: 02/13/2007)

RECAP
75 Feb. 14, 2007

RESPONSE to Motion re 73 MOTION for Extension of Time to File Response/Reply as to 63 MOTION to Compel Rule 34 Entry Upon Land, 65 MOTION to Compel Production of Documents and for Continuance of February 16, 2007 Hearing MOTION for Extension of Time to File Response/Reply as to 63 MOTION to Compel Rule 34 Entry Upon Land, 65 MOTION to Compel Production of Documents and for Continuance of February 16, 2007 Hearing Objection filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Order (PDF Only))(Rogers, Kim) (Entered: 02/14/2007)

1 Proposed Order (PDF Only)

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RECAP
76 Feb. 14, 2007

BRIEF in Opposition re 63 MOTION to Compel Rule 34 Entry Upon Land and Request for Expedited Hearing filed by Defendant Albertson's LLC. (Attachments: # 1 Affidavit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Gartner, Lawrence) (Modified on 2/15/2007 This filing was done in error and has been refiled at docket # 77 )(erv2, ). (Entered: 02/14/2007)

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77 Feb. 14, 2007

BRIEF in Opposition re 63 MOTION to Compel Rule 34 Entry Upon Land filed by Defendant Albertson's LLC. (Attachments: # 1 Affidavit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)(Gartner, Lawrence) (Entered: 02/14/2007)

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78 Feb. 14, 2007

BRIEF in Opposition re 65 MOTION to Compel Production of Documents and Request for Expedited Hearing filed by Defendant Albertson's LLC. (Gartner, Lawrence) (Entered: 02/14/2007)

RECAP
79 Feb. 15, 2007

Docket Annotation re: 76 Brief in Opposition to Motion, This was a docketing error and has been refiled at docket # 77 ; Text only entry - no document attached. (erv2, ) (Entered: 02/15/2007)

RECAP
80 Feb. 15, 2007

MINUTE ORDER, Reset Hearings: Motion Hearing Reset for 2/16/2007 04:00 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 2/15/07. (erv, ) (Entered: 02/15/2007)

RECAP
81 Feb. 15, 2007

ERRATA re 77 Brief in Opposition to Motion by EEOC for Entry Upon Land by Defendant Albertson's LLC. (Attachments: # 1 Exhibit 1)(Gartner, Lawrence) (Entered: 02/15/2007)

1 Exhibit 1

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RECAP
82 Feb. 15, 2007

MINUTE ORDER, Reset Hearings: Motion Hearing set for 2/16/2007 01:30 PM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 2/15/07. (erv, ) (Entered: 02/15/2007)

RECAP
83 Feb. 16, 2007

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, )

RECAP
84 Feb. 16, 2007

MINUTE ORDER re: 70 MOTION for Sanctions filed by Equal Employment Opportunity Commission, Dft shall respond to the Motion on or before 3/9/07; Set Hearings: Motion Hearing set for 4/4/2007 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 2/16/07. (erv, ) (Entered: 02/16/2007)

RECAP
85 Feb. 16, 2007

Minute Entry for proceedings held before Magistrate Judge Boyd N. Boland. Motion Hearing held on 2/16/2007. ORDERED:Motion to compel Rule 34 entry upon land by plaintiff (2/5/07 #63) is denied as moot.ORDERED:Motion to compel production of documents by plaintiff (2/6/07 #65) is granted in part and denied in part. Production of personnel files shall be made available on or before February 26, 2007.ORDERED:Motion for extension of time to file response/reply as to motion to compel Rule 34 entry upon land, motion to compel production of documents and for continuance of February 16, 2007 hearing by defendants (2/13/07 #73) is denied as withdrawn. (Court Reporter FTR-G. Mattei.) (bnbcd, ) (Entered: 02/21/2007)

RECAP
87 Feb. 22, 2007

TRANSCRIPT of Motions Hearing held on February 16, 2007 before Magistrate Judge Boyd N. Boland. Prepared by: Avery/Woods Reporting Service. Pages: 1-37. (certified copy) Text Only Entry - Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (erv, ) (Entered: 02/23/2007)

RECAP
86 Feb. 23, 2007

STIPULATION for Extension of Time to continue production of personnel files by Defendant Albertson's LLC, Plaintiff Equal Employment Opportunity Commission. (Gartner, Lawrence) (Entered: 02/23/2007)

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88 Feb. 26, 2007

Docket Annotation re: 86 Stipulation for Extension of Time; Csl will need to refile as a Motion attaching the Stipulation as a Proposed Order, Msg left with Csl. Text only entry - no document attached. (erv, ) (Entered: 02/26/2007)

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89 Feb. 26, 2007

First MOTION to Continue Production of Personnel Files Per the Court's February 16, 2007 Order by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only))(Gartner, Lawrence) (Entered: 02/26/2007)

1 Proposed Order (PDF Only)

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RECAP
90 Feb. 26, 2007

MEMORANDUM regarding 89 First MOTION to Continue Production of Personnel Files Per the Court's February 16, 2007 Order filed by Albertson's LLC. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 2/26/07. (wydcd, rrk) (Entered: 02/26/2007)

RECAP
91 Feb. 27, 2007

Minute ORDER granting Stipulated 89 Motion to Continue Production of Personnel Files Pursuant to the Court's 2/16/07 order to 3/1/07, by Magistrate Judge Boyd N. Boland on 2/27/07.(gms, ) (Entered: 02/27/2007)

RECAP
92 March 9, 2007

BRIEF in Opposition re 70 MOTION for Sanctions or In the Alternative to Compel Answers to Interrgatories filed by Defendant Albertson's LLC. (Attachments: # 1 Exhibit Exhibit 1 to Opposition to EEOC's Motion for Rule 37 Sanctions or Alternatively to Compel Answers to Interrogatories# 2 Exhibit Exhibit 2 to Opposition to EEOC's Motion for Rule 37 Sanctions or Alternatively to Compel Answers to Interrogatories# 3 Exhibit Exhibit 3 to Opposition to EEOC's Motion for Rule 37 Sanctions or Alternatively to Compel Answers to Interrogatories)(Gartner, Lawrence) (Entered: 03/09/2007)

1 Exhibit Exhibit 1 to Opposition to EEOC's Motion for Rule 37 Sanctions or A

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2 Exhibit Exhibit 2 to Opposition to EEOC's Motion for Rule 37 Sanctions or A

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3 Exhibit Exhibit 3 to Opposition to EEOC's Motion for Rule 37 Sanctions or A

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93 March 15, 2007

MINUTE ORDER Pursuant to the request of the parties, IT IS ORDERED that the hearing set for April 4, 2007, is VACATED AND RESET to April 17, 2007, at 9:00 a.m., immediately prior to the previously set settlement conference. by Magistrate Judge Boyd N. Boland on 3/15/07. (erv, ) (Entered: 03/15/2007)

RECAP
94 March 16, 2007

TRANSCRIPT of Motions Hearing held on 9-21-06 before Magistrate Judge Boland. Pages: 1-26. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (Avery Woods Reporting, ) (Entered: 03/16/2007)

RECAP
95 March 23, 2007

MOTION to Compel EEOC to Provide Further Responses to Discovery Requests by Defendant Albertson's LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M)(Gartner, Lawrence) (Entered: 03/23/2007)

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7 Exhibit G

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9 Exhibit I

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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RECAP
96 March 23, 2007

MOTION for Order to Compel EEOC to Provide Further Responses to Discovery Requests by Defendant Albertson's LLC. (Gartner, Lawrence) (Entered: 03/23/2007)

RECAP
97 March 23, 2007

MEMORANDUM regarding 95 MOTION to Compel EEOC to Provide Further Responses to Discovery Requests filed by Albertson's LLC, 96 MOTION for Order to Compel EEOC to Provide Further Responses to Discovery Requests filed by Albertson's LLC. (Text Only Entry - No Document Attached)Motions referred to Magistrate Judge Boyd N. Boland. Referred by Judge Wiley Y. Daniel on 3/23/07. (wydcd, rrk) (Entered: 03/23/2007)

RECAP
98 March 26, 2007

Docket Annotation TERMINATING 96 MOTION for Order to Compel EEOC to Provide Further Responses to Discovery Requests. This is NOT a Motion but a Proposed Order to a Motion. Text only entry - no document attached. (erv2, ) (Entered: 03/26/2007)

RECAP
99 March 26, 2007

MINUTE ORDER re: 95 MOTION to Compel EEOC to Provide Further Responses to Discovery Requests filed by Albertson's LLC, Pla shall respond to the Motion on or before 4/13/07; Set Hearings: Motion Hearing set for 4/17/2007 09:00 AM in Courtroom A 401 before Magistrate Judge Boyd N. Boland. by Magistrate Judge Boyd N. Boland on 3/26/07. (erv, ) (Entered: 03/26/2007)

RECAP
100 April 6, 2007

MOTION to Amend/Correct/Modify 49 Scheduling Order, Set Scheduling Order Deadlines,, by Defendant Albertson's LLC. (Attachments: # 1 Proposed Order (PDF Only) Proposed Order Re: Stipulated Motion to Amend Scheduling Order)(Gartner, Lawrence) (Entered: 04/06/2007)

1 Proposed Order (PDF Only) Proposed Order Re: Stipulated Motion to Amend Scheduli

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RECAP

Case Details

State / Territory:

Colorado

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2006

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Albertson's Inc.

Albertson's LLC

Cerberus Systems Inc.

Supervalu, Inc.

Case Details

Causes of Action:

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

District of Colorado 1:06-cv-01273

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Neutral/Positive Reference

Training

Amount Defendant Pays: 8,900,000.00

Order Duration: 2009 - 2013

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discipline

Disparate Treatment

Harassment / Hostile Work Environment

Promotion

Discrimination Basis:

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Hispanic

Indian

Affected Race(s):

Black

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Private Suit Related / Consolidated with EEOC Suit

Recommended Citation