Case: EEOC v. OILGEAR COMPANY

EEOC v. Oilgear Company

EEOC v. Oilgear Company

EEOC v. Oilgear Company

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT: no Summons issued with/jury demand and request for trial at Omaha (MKR) Modified on 10/09/2001 (Entered: 09/05/2001)

WAIVER OF SERVICE (Rule 4 - Summons) upon defendant Oilgear Company on 9/26/01 (CJB) (Entered: 10/18/2001)

NOTICE OF SERVICE by defendant Oilgear Company of 1st request for production of documents and 1st set of interrogatories (ADB) (Entered: 01/09/2002)

NOTICE by defendant Oilgear Company of serving Rule 26(a)(1) disclosures (MKR) (Entered: 02/08/2002)

SCHEDULING PACKET by Magistrate Judge Thomas D. Thalken - COPIES MAILED (NCD) (Entered: 02/26/2002)

ANSWER by defendant Oilgear Company to complaint [1-1] (MKR) (Entered: 03/14/2002)

RULE 26(f) PLANNING REPORT (DKM) (Entered: 03/13/2002)

ORDER SETTING SCHEDULE FOR INITIAL PROGRESSION OF CASE by Magistrate Judge Thomas D. Thalken planning conference set for 10:30 on 6/4/02 - COPIES MAILED [EOD Date 3/13/02] (DKM) (Entered: 03/13/2002)

CERTIFICATE OF SERVICE by plaintiff EEOC of serving plf's disclosure statement (MKR) (Entered: 03/15/2002)

CERTIFICATE OF SERVICE by plaintiff EEOC of serving First Set of Interrogs (CJB) (Entered: 03/27/2002)

CERTIFICATE OF SERVICE by plaintiff EEOC of serving first set of request for admissions and production requests (CJB) (Entered: 03/27/2002)

NOTICE by defendant Oilgear Company of serving discovery requests (MKR) (Entered: 05/10/2002)

NOTICE by defendant Oilgear Company of serving discovery responses (TJS) (Entered: 05/23/2002)

ORDER by Magistrate Judge Thomas D. Thalken that a settlement conference shall be held before the undersigned w/ counsel and representatives of the parties w/ complete authority to negotiate and consummate a settlement shall be in attendance at the conference unless excused by order of the court - rule 26(f) rpt ddl set for 9:00 a.m. on 9/5/02 ; counsel appearing w/out their client representatives will cause the settlement conference to be canceled and rescheduled; settlement conference statement of each pty shall be submitted directly to the undersigned judge no later than 8/30/02 - COPIES MAILED [EOD Date 6/4/02] (MKR) (Entered: 06/04/2002)

FINAL PROGRESSION ORDER by Magistrate Judge Thomas D. Thalken - deposition ddl set for 8/30/02 - pretrial conference set 9:00 12/18/02 before Magistrate Judge Thomas D. Thalken - jury trial set for 8:30 a.m. on 1/6/03 - COPIES MAILED (MKR) (Entered: 06/04/2002)

CERTIFICATE OF SERVICE by plaintiff EEOC of plf's response to dft's first request for production of docs (MKR) (Entered: 06/13/2002)

CERTIFICATE OF SERVICE by plaintiff EEOC of serving plf's response to dft's first set of interrogs (MKR) (Entered: 06/13/2002)

NOTICE by defendant Oilgear Company of serving supplemental answer to EEOC's First set of Interrogs (MKR) (Entered: 06/26/2002)

MOTION by plaintiff EEOC to continue settlement conference of 9/5/02 and extend all discovery and dispositive motion dates (MKR) (Entered: 08/14/2002)

ORDER by Magistrate Judge Thomas D. Thalken granting motion to continue settlement conference of 9/5/02 and extend all discovery and dispositive motion dates [19-1] - settlement conference set for 9:00 11/7/02 - deposition ddl set for 10/30/02 - pretrial conference set for 9:00 2/28/03 - jury trial set for 8:30 3/17/03 - COPIES MAILED [EOD Date 8/16/02] (TJS) (Entered: 08/16/2002)

(STRICKEN) CERTIFICATE OF SERVICE by plaintiff EEOC of serving its first set of requests for admissions, interrogatories and production of docs on the dft (MKR) Modified on 12/4/2002 to strike pleading per filing 31 (MKR, ). (Entered: 08/20/2002)

NOTICE by plaintiff EEOC of Non-Expert Witnesses (MKR) (Entered: 10/03/2002)

NOTICE by defendant Oilgear Company of serving non-expert witness list (MKR) (Entered: 10/04/2002)

ORDER regarding the settlement conference; the parties were unable to arrive at a settlement, accordingly, this matter shall proceed to trial as previously ordered by the court; Signed by Magistrate Judge Thomas D. Thalken on 11/7/2002. (MKR, ) (Entered: 11/07/2002)

Minute Entry for proceedings held before Magistrate Judge Thomas D. Thalken : Settlement Conference held on 11/7/2002; settlement not reached; written order forthcoming; (Court Reporter - Electronic Recorder)(Tape #02-157: 1633-1989) (MKR, ) (Entered: 11/12/2002)

MOTION to Extend Time to File Motion for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 11/14/2002)

ORDER granting 26 Motion to Extend. The deadline for filing motions for summary judgment is extended to 11/22/02 Signed by Magistrate Judge Thomas D. Thalken on 11/18/2002. (PAV, ) (Entered: 11/18/2002)

MOTION for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 11/22/2002)

INDEX In Support of Defendant's Motion for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 11/22/2002)

BRIEF In Support of Defendant's Motion for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 11/22/2002)

ORDER striking the Certificate 21 filed by Equal Employment Opportunity Commission as document filed in wrong case Signed by Magistrate Judge Thomas D. Thalken on 12/4/2002. (MKR, ) (Entered: 12/04/2002)

MOTION for Extension of time to oppose defendant's MOTION for Summary Judgment 28 by Attorney Nancy A. Weeks on behalf of Plaintiff Equal Employment Opportunity Commission (MKR, ) (Entered: 12/17/2002)

BRIEF in support of Motion for extension of time to oppose defendant's motion for summary judgment 32 by Attorney Nancy A. Weeks on behalf of Plaintiff Equal Employment Opportunity Commission (MKR, ) (Entered: 12/17/2002)

INDEX OF EVIDENCE in support of Motion for extesion of time to oppose defendant's motion for summary judgment 32 by Attorney Nancy A. Weeks on behalf of Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 # 2)(MKR, ) Additional attachment(3) added on 12/17/2002 (MKR, ). (Entered: 12/17/2002)

ORDER granting 32 Plaintiff's Motion to Extend Time to Oppose 28 Defendant's Motion for Summary Judgment. Signed by Judge Joseph F. Bataillon on 12/18/2002. (SMS, ) (Entered: 12/18/2002)

MOTION for Enlargement of Time to file EEOC's Motion in Limine by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (DKM, ) (Entered: 12/27/2002)

ORDER granting 36 Motion to Extend the time to file itsmotion in limine; The deadline for the plaintiff to file its motion in limine is extended to 1/6/2003. Signed by Magistrate Judge Thomas D. Thalken on 12/30/2002. (PAV, ) (Entered: 12/30/2002)

MOTION in Limine seeking to exclude verbal and written warnings received by Gerdts prior to 11/3/93 by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (MKR, ) (Entered: 01/06/2003)

INDEX OF EVIDENCE in support of Motion in Limine seeking to exclude verbal and written warnings received by Gerdts prior to 11/30/93 38 by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (Attachments: # 1)(MKR, ) (Entered: 01/06/2003)

BRIEF in support of Motion for Summary Judgment 28 by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (MKR, ) (Entered: 01/06/2003)

INDEX OF EVIDENCE in support of Motion for Summary Judgment 28 by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (Attachments: # 1 # 2 # 3)(MKR, ) (Entered: 01/07/2003)

MOTION for Leave to File Reply Brief by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 01/10/2003)

ORDER granting 42 Defendant's Motion for Extension of Time (until 1/29/2003) to File Reply Brief in support of 28 Motion for Summary Judgment. Signed by Judge Joseph F. Bataillon on 1/14/2003. (SMS, ) (Entered: 01/14/2003)

BRIEF In Opposition to Plaintiff EEOC's Motion in Limine by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 01/15/2003)

INDEX In Support of Defendant's Motion for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 01/29/2003)

REPLY BRIEF In Support of Motion for Summary Judgment by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 01/29/2003)

ORDER that the oral request of counsel for the defendant and with said counsel's representation that no other party objects to the request, the pretrial conference is scheduled to 2/26/03 at 2:00 pm. Signed by Magistrate Judge Thomas D. Thalken on 2/4/2003. (JSF) (Entered: 02/04/2003)

***ORAL MOTION by defendant to reschedule the pretrial conference. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY.(JSF) (Entered: 02/04/2003)

***ORAL MOTION by defendant to reschedule the pretrial conference. THIS IS A TEXT ONLY ENTRY. A PDF DOCUMENT IS NOT ATTACHED TO THIS ENTRY.(JSF)

NOTICE of Serving List of Exhibits by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 02/18/2003)

NOTICE of Serving Non-Expert Witness List by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 02/20/2003)

MOTION to Substitute Attorney Nelson G. Alston by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 02/20/2003)

CERTIFICATE of Service of Deposition Testimony and Written Discovery by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 02/21/2003)

CERTIFICATE of Service of Planitiff's List of Exhibits by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 02/21/2003)

ORDER granting 50 Motion to Substitute Attorney. Attorney Nelson G. Alston for Equal Employment Opportunity Commission added. Attorney Rita Byrnes Kittle terminated; to the extent Rita Byrnes Kittle seeks to withdraw as counsel of record for the plaintiff, withdrawing counsel shall comply with NELR 3.3(d) Signed by Magistrate Judge Thomas D. Thalken on 2/24/2003. (MKR, ) (Entered: 02/24/2003)

CERTIFICATE of Service of Plaintiff's Supplemental Response to Defendant's First Set of Interrogatories by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (Hernandez, Evangelina) (Entered: 02/25/2003)

FINAL PRETRIAL ORDER - estimated length of trial is 3 days; Jury Trial set for 3/17/2003 09:00 AM before Judge Joseph F. Bataillon. Signed by Magistrate Judge Thomas D. Thalken on 2/26/2003. (MKR, ) (Entered: 02/27/2003)

STRICKEN - CERTIFICATE of Service Plaintiff's Proposed Voir Dire by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) Modified on 3/7/2003 (SMS, ) per 56 . (Entered: 03/06/2003)

CERTIFICATE of Service of Plaintiff's Proposed Jury Instructions by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 03/06/2003)

Proposed Jury Instructions by Equal Employment Opportunity Commission. (Alston, Nelson) (Entered: 03/06/2003)

Proposed Jury Instructions /Proposed Voir Dire Questions by Equal Employment Opportunity Commission. (Alston, Nelson) (Entered: 03/06/2003)

CERTIFICATE of Service of Plaintiff's Proposed Voir Dire Questions by Attorney Nelson G. Alston on behalf of Plaintiff Equal Employment Opportunity Commission (Alston, Nelson) (Entered: 03/07/2003)

ORDER striking Filing 56 ; incorrect PDF document attached. Signed by Judge Joseph F. Bataillon on 3/7/2003. (SMS, ) (Entered: 03/07/2003)

BRIEF (Trial) by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (Hernandez, Evangelina) (Entered: 03/07/2003)

CERTIFICATE of Service of Plaintiff EEOC's Trial Brief by Attorney Evangelina F. Hernandez on behalf of Plaintiff Equal Employment Opportunity Commission (Hernandez, Evangelina) (Entered: 03/07/2003)

Proposed Jury Instructions by Oilgear Company. (Barrett, Patrick) (Entered: 03/10/2003)

BRIEF by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 03/10/2003)

MEMORANDUM AND ORDER granting in part and denying in part 28 Defendant's Motion for Summary Judgment; denying 38 Plaintiff's Motion in Limine. Signed by Judge Joseph F. Bataillon on 3/12/2003. (SMS, ) (Entered: 03/12/2003)

Minute Entry for proceedings held before Judge Joseph F. Bataillon Status Conference (pretrial) held on 3/13/2003. (Court Reporter - Allan G. Kuhlman) (NCD, ) (Entered: 03/13/2003)

ORDER confirming settlement; joint stipulation of dismissal to be filed by 4/30/2003. Signed by Judge Joseph F. Bataillon on 4/22/2003. (SMS, ) (Entered: 04/22/2003)

STIPULATION for Joint Motion for Dismissal with Prejudice by Attorney Patrick J. Barrett on behalf of Defendant Oilgear Company (Barrett, Patrick) (Entered: 04/23/2003)

ORDER OF DISMISSAL WITH PREJUDICE granting 69 Stipulation of Joint Motion for Dismissal for Prejudice; this action is dismissed with prejudice, each party to pay its own costs. Signed by Judge Joseph F. Bataillon on 4/23/2003. (JSF) (Entered: 04/23/2003)

CONSENT DECREE - Signed by Judge Joseph F. Bataillon on 4/24/2003. (JAE, ) (Entered: 04/25/2003)