Case: EEOC v. Foster Wheeler Constructors and Pipefitters Association Local Union 597

EEOC v. Foster Wheeler, et al

EEOC v. Foster Wheeler Constructors, Inc.

EEOC v. Foster Wheeler Constructors, Inc

EEOC v. Foster Wheeler Constructors, Inc.

EEOC and Ferguson v. Foster Wheeler Constructors, Inc, et al

EEOC and Ferguson v. Foster Wheeler Constructors, Inc, et al

EEOC v. Foster Wheeler Constructors, Inc

EEOC v. Foster Wheeler Constructors, Inc.

EEOC v. Foster Wheeler Constructors, Inc.

No Court

EEOC v. Foster Wheeler Constructors, Inc

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of John C. Hendrickson, Jean Powers Kamp, Gregory M. Gochanour as attorney(s) for plaintiff (No summons(es) issued.) (Documents: 1-1 through 1-3) (vmj) (Entered: 03/19/1998)

ATTORNEY APPEARANCE for defendant Foster Wheeler by Roger L. Taylor, Roya Behnia, Angela Frances Milella. (vmj) (Entered: 03/30/1998)

WAIVER of service of summons as to defendant Foster Wheeler sent on 3/18/98. (vmj) (Entered: 04/01/1998)

WAIVER of service of summons as to defendant Local Union 597 Pipefitters Assn sent on 3/18/98. (vmj) (Entered: 04/01/1998)

MINUTE ORDER of 5/12/98 by Hon. David H. Coar: Rule 16(b) scheduling conference set for 6/19/98 at 3:30 p.m., in chambers. The court hereby opts into Rule 26(a)(1) for purposes of this case. Proposed discovery plan pursuant to Rule 26(f) and proposed scheduling order pursuant to Rule 16(b) to be filed in chambers. (See reverse side of order. See attached forms for report of planning conference and proposed scheduling order.) Mailed notice (vmj) (Entered: 05/13/1998)

MOTION by defendant Local Union 597 Pipefitters Assn for an extension of time to answer or otherwise plead to complaint ; Notice of motion. (vmj) (Entered: 05/15/1998)

MINUTE ORDER of 5/14/98 by Hon. David H. Coar: Defendant Pipe Fitters' motion for an extension of time to answer or otherwise plead to complaint is granted [6-1]. Answer or plead on or before 5/22/98. Mailed notice (vmj) (Entered: 05/15/1998)

RULE 12(M) statement of undisputed material facts by defendant Foster Wheeler (Attachments). (vmj) (Entered: 05/20/1998)

MOTION by Foster Wheeler for partial summary judgment ; Notice of motion. (vmj) (Entered: 05/21/1998)

MEMORANDUM by Foster Wheeler in support of its motion for partial summary judgment [9-1]. (vmj) (Entered: 05/21/1998)

MOTION by Foster Wheeler to dismiss complaint for failure to state a claim ; Notice of motion. (vmj) (Entered: 05/21/1998)

MEMORANDUM by Foster Wheeler in support of its motion to dismiss [11-1]. (vmj) (Entered: 05/21/1998)

MINUTE ORDER of 5/20/98 by Hon. David H. Coar: Defendant Foster Wheeler's motion for partial summary judgment is denied without prejudice [9-1]. No notice (vmj) (Entered: 05/21/1998)

MINUTE ORDER of 5/20/98 by Hon. David H. Coar: Answer brief to defendant Foster Wheeler's motion to dismiss complaint for failure to state a claim [11-1] due 6/12/98. Reply to answer brief due 6/26/98. Motion to dismiss [11-1] is taken under advisement - ruling to issue by mail. Mailed notice (vmj) (Entered: 05/21/1998)

ATTORNEY APPEARANCE for defendant Local Union 597 Pipefitters Assn by Charles Francis Regan Jr., Thomas Michael Durkin. (vmj) (Entered: 05/27/1998)

MOTION by defendant Local Union 597 Pipefitters Assn to dismiss complaint ; Notice of filing. (vmj) (Entered: 05/27/1998)

MEMORANDUM by defendant Local Union 597 Pipefitters Assn in support of motion to dismiss complaint [16-1] (Attachments). (vmj) (Entered: 05/27/1998)

RECEIPT regarding payment of filing fee paid; on 5/26/98 in the amount of $ 150.00, receipt # 513273. (meg) (Entered: 05/27/1998)

SCHEDULE set on 6/4/98 by Hon. Charles P. Kocoras : Status hearing set to 9:30 8/24/98 . Mailed notice (sct) (Entered: 06/04/1998)

MOTION by EEOC for leave to file first amended complaint (Attachments); Notice of motion. (vmj) (Entered: 06/16/1998)

REPORT of Rule 26(f) planning conference by parties'. (vmj) (Entered: 06/12/1998)

PROPOSED scheduling order by parties'. (vmj) (Entered: 06/12/1998)

MOTION by James M Ferguson to intervene ; Notice of motion. (vmj) (Entered: 06/19/1998)

TRANSCRIPT of proceedings for the following date(s): 5/20/98 Before Honorable Judge Coar. (vmj) (Entered: 06/16/1998)

ADDITIONAL ATTORNEY APPEARANCE for plaintiff by Diane Ilene Smason; Notice of filing. (vmj) (Entered: 06/16/1998)

MINUTE ORDER of 6/15/98 by Hon. David H. Coar: Plaintiff's motion for leave to file first amended complaint is granted [20-1]. Defendants to answer or plead to amended complaint by 7/10/98. Defendants motions to dismiss [11-1] and [16-1] are both moot and terminated. Mailed notice (vmj) (Entered: 06/16/1998)

FIRST AMENDED COMPLAINT [1-1] by plaintiff; jury demand. (vmj) (Entered: 06/16/1998)

MINUTE ORDER of 6/17/98 by Hon. David H. Coar: Motion of James M. Ferguson to intervene is granted [25-1]. Leave granted James M. Ferguson to file an intervening complaint instanter. Defendants to file a response to the intervening complaint on or before 7/15/98. No notice (vmj) (Entered: 06/19/1998)

INTERVENOR'S COMPLAINT by James M Ferguson (Exhibits). (vmj) (Entered: 06/19/1998)

MOTION by plaintiff for reassignment based on relatedness ; Notice of motion (meg) (Entered: 07/15/1998)

ANSWER to first amended complaint by defendant Foster Wheeler; jury demand (meg) (Entered: 07/15/1998)

MOTION by defendant Local Union 597 Pipefitters Assn to dismiss the amended complaint ; Notice of filing (hp) (Entered: 07/16/1998)

MEMORANDUM by defendant Local Union 597 Pipefitters Assn in support of its motion to dismiss the amended complaint [34-1] (Exhibits) (hp) (Entered: 07/16/1998)

MINUTE ORDER of 7/13/98 by Hon. David H. Coar : Plaintiff-Intervenor Ferguson's Motion for reassignment based on relatedness is granted [28-1]. This Court finds that case 98 C 3217 pending before Judge Charles P. Kocoras is related to 98 C 1601, and will request reassignment of 98 C 3217 to this Court's calendar. No notice (meg) (Entered: 07/15/1998)

SCHEDULE set on 7/14/98 by Hon. Charles P. Kocoras : Status hearing set for 8/24/98 before Judge Kocoras is stricken. Mailed notice (sct) (Entered: 07/14/1998)

MINUTE ORDER of 7/14/98 by Hon. David H. Coar : Defendant Local 597's motion to dismiss the amended complaint [34-1] is entered and continued to 07/17/98 at 2:30 p.m. with the Rule 16(b) scheduling conference. Mailed notice (hp) (Entered: 07/16/1998)

ANSWER to complaint in intervention by defendant Local Union 597 Pipefitters Assn (fce) (Entered: 07/16/1998)

MEMORANDUM by defendant Local Union 597 Pipefitters Assn in support of its motion to dismiss counts I and III of the plaintiff-intervenor's complaint (Attachments). (fce) (Entered: 07/16/1998)

ANSWER to plaintiff's complaint in intervention by defendant Foster Wheeler; jury demand (fce) (Entered: 07/16/1998)

MOTION by defendant Local Union 597 Pipefitters Assn to dismiss Counts I and III of the plaintiff-intervenor's complaint ; Notice of filing. (vmj) (Entered: 07/24/1998)

INITIAL disclosure statement pursuant to FRCP 26(a)(1) by defendant Foster Wheeler. (vmj) (Entered: 07/20/1998)

MINUTE ORDER of 7/17/98 by Hon. Charles P. Kocoras : Hearing on motion to dismiss Counts I and III of the plaintiff-intervenor's complaint [38-1] set for 9:30 7/24/98 No notice (vmj) (Entered: 07/24/1998)

AMENDED COMPLAINT in intervention [27-1] by plaintiff (Exhibits); Notice of filing. (vmj) (Entered: 07/27/1998)

MOTION by EEOC for leave to file second amended complaint ; Notice of motion. (vmj) (Entered: 07/28/1998)

MINUTE ORDER of 7/24/98 by Hon. David H. Coar: Plaintiff's motion for leave to file second amended complaint is granted [41-1]. Defendant Local 597's motion to dismiss the amended complaint [34-1] is moot and terminated. Defendant Local 597's motion to dismiss Counts I and II of the plaintiff-intervenor's complaint [38-1] is moot and terminated. Defendants are given leave to file new motions to dismiss by 8/7/98. Answers to motions to dismiss due by 8/28/98; replies to motions to dismiss due by 9/18/98. Motions will be continued to 10/27/98 at 9:30 a.m. for status or ruling. Mailed notice (vmj) (Entered: 07/28/1998)

SECOND AMENDED COMPLAINT by plaintiff; jury demand. (vmj) (Entered: 07/28/1998)

ANSWER to plaintiff-intervenor's amended complaint by defendant Local Union 597 Pipefitters Assn. (vmj) (Entered: 08/11/1998)

MOTION by defendant Local Union 597 Pipefitters Assn to dismiss Counts I and III of the plaintiff-intervenor's amended complaint ; Notice of filing. (vmj) (Entered: 08/11/1998)

MEMORANDUM by defendant Local Union 597 Pipefitters Assn in support of its motion to dismiss Counts I and III of the plaintiff-intervenor's amended complaint [45-1] (Attachments). (vmj) (Entered: 08/11/1998)

ANSWER by Foster Wheeler to James Ferguson's amended complaint in intervention; jury demand. (vmj) (Entered: 08/11/1998)

MOTION by defendant Foster Wheeler to dismiss Count III of James Ferguson's amended complaint in intervention . (vmj) (Entered: 08/11/1998)

MEMORANDUM by defendant Foster Wheeler in support of motion to dismiss Count III of James Ferguson's amended complaint in intervention [48-1] (Attachments). (vmj) (Entered: 08/11/1998)

MOTION by defendant Local Union 597 Pipefitters Assn to dismiss the EEOC's second amended complaint ; Notice of filing. (vmj) (Entered: 08/31/1998)

MEMORANDUM by defendant Local Union 597 Pipefitters Assn in support of its motion to dismiss the EEOC's second amended complaint [50-1] (Attachments). (vmj) (Entered: 08/31/1998)

MEMORANDUM OF LAW IN RESPONSE by plaintiff EEOC to defendant Local 597's motion to dismiss the EEOC's second amended complaint [50-1] (Exhibit); Notice of filing. (vmj) (Entered: 08/31/1998)

REPLY by defendant Foster Wheeler in support of its motion to dismiss Count III of James Ferguson's amended complaint in intervention [48-1]. (vmj) (Entered: 09/21/1998)

REPLY memorandum by defendant Local Union 597 Pipefitters Assn in support of its motion to dismiss the EEOC's second amended complaint [50-1] (Attachments). (vmj) (Entered: 09/22/1998)

NOTICE by plaintiff of change of address; Notice of filing. (vmj) (Entered: 10/21/1998)

MOTION by defendant Foster Wheeler to compel the EEOC to identify persons with knowledge of discoverable facts, with Rule 12K certificate of compliance (Attachments); Notice of motion. (vmj) (Entered: 10/26/1998)

RESPONSE by plaintiff to motion to compel the EEOC to identify persons with knowledge of discoverable facts, with Rule 12K certificate of compliance [56-1] (Exhibits); Notice of filing. (vmj) (Entered: 10/26/1998)

MINUTE ORDER of 10/23/98 by Hon. David H. Coar: Defendant Foster Wheeler's motion to compel is entered and continued to 10/27/98 at 9:30 a.m. Telephoned notice (vmj) (Entered: 10/26/1998)

AGREED MOTION by Foster Wheeler for protective order and stipulation governing confidentiality of discovery materials ; Notice of motion. (tlm) (Entered: 10/28/1998)

PROTECTIVE ORDER and stipulation governing confidentiality of discovery materials (Exhibit). [59-1] (tlm) (Entered: 10/28/1998)

MINUTE ORDER of 10/27/98 by Hon. David H. Coar : Agreed motion for protective order and stipulation governing confidentiality of discovery materials is granted. [59-1] Enter Agreed Protective Order. Defendant's motion to compel the EEOC to identify persons, and [56-1] the defendants' motions to dismiss are both continued to 9:30 a.m. on 12/2/98. [48-1] [50-1] [45-1] Mailed notice (tlm) (Entered: 10/28/1998)

MOTION by EEOC to compel Foster Wheeler to produce current managers for deposition (Exhibit); Notice of motion. (vmj) (Entered: 11/09/1998)

MEMORANDUM by EEOC in support of motion to compel Foster Wheeler to produce current managers for deposition [64-1] (Exhibits). (vmj) (Entered: 11/09/1998)

MOTION by EEOC to compel Foster Wheeler to provide complete answers to interrogatory Nos. 2(d), 2(e), 2(f), 3, 8(b), 9 and 11 (Exhibits); Notice of motion. (vmj) (Entered: 11/09/1998)

RESPONSE by defendant Foster Wheeler to EEOC's motion to compel Foster Wheeler to produce out-of state employees in Chicago for depositions [56-1] (Exhibits); Notice of filing (hp) (Entered: 11/05/1998)

RESPONSE by defendant Foster Wheeler to EEOC's motion to compel Foster Wheeler to supplement interrogatory nos. 2(d), 2(e), 2(f), 3, 8(b), 9 & 11; Notice of filing (hp) (Entered: 11/05/1998)

MINUTE ORDER of 11/4/98 by Hon. David H. Coar: Plaintiff's motion to compel Foster Wheeler to produce witnesses for deposition and memorandum in support of EEOC's motion to compel Foster Wheeler to produce current managers for deposition and all discovery disputes to be referred to the Magistrate Judge. Motion of the defendant to compel the EEOC to identify persons with knowledge [56-1] to be referred to the Magistrate Judge. The status date on the motion to compel by the defendants scheduled for 12/2/98 is stricken. Mailed notice (vmj) (Entered: 11/09/1998)

MINUTE ORDER of 11/4/98 by Hon. David H. Coar: Plaintiff's motion to compel Foster Wheeler to provide complete answers to interrogatory nos. 2(d), 2(e), 2(f), 3, 8(b), 9 and 11 and all discovery disputes to be referred to the Magistrate Judge. Mailed notice (vmj) (Entered: 11/09/1998)

REPLY memorandum by plaintiff in support of EEIC's motion to compel Foster Wheeler to provide complete answers to interrogatory Nos. 2(d), 2(e), 2(f), 3, 8(b), 9 and 11 [66-1]; Notice of filing. (vmj) (Entered: 11/09/1998)

REPLY memorandum by plaintiff in support of EEOC's motion to compel Foster Wheeler to produce current managers for deposition [64-1] (Exhibits); Notice of filing. (vmj) (Entered: 11/09/1998)

MINUTE ORDER of 11/9/98 by Hon. Morton Denlow: Plaintiff's motion to compel Foster Wheeler to provide complete answers to interrogatory Nos. 2(d), 2(e), 2(f), 3, 8(b), 9 and 11 is denied [66-1] as to interrogatory No. 2. Remainder of motion is withdrawn without prejudice for the reasons stated in open court. Plaintiff's motion to compel Foster Wheeler to produce witnesses for deposition is granted [64-1] and plaintiff shall pay the cost of transportation and one night hotel stay for each witness. No notice (vmj) (Entered: 11/12/1998)

MINUTE ORDER of 11/9/98 by Hon. David H. Coar: Oral argument held. Defendant Foster Wheeler's motion to compel the EEOC to identify persons with knowledge of discoverable facts, with Rule 12K certificate of compliance is denied [56-1]. However, plaintiff EEOC shall disclose a list of 15 likely witnesses to defendant on or before Friday, 11/13/98. No notice (vmj) (Entered: 11/12/1998)

REFERRAL ORDER of 11/9/98: The case is referred to the Hon. Morton Denlow pursuant to General Rule 2.41(b). (For further detail see order). Mailed notice (vmj) (Entered: 11/12/1998)

ADDITIONAL ATTORNEY APPEARANCE for defendant Foster Wheeler by William Allen Woolley. (vmj) (Entered: 11/12/1998)

MOTION by plaintiff to reinstate EEOC's motion to compel Foster Wheeler to provide complete information in response to interrogatory No. 3 (Exhibits); Notice of motion. (vmj) (Entered: 11/30/1998)

MINUTE ORDER of 11/23/98 by Hon. Morton Denlow: Plaintiff's motion to compel Foster Wheeler to provide complete information in response to interrogatory No. 3 is denied [75-1], subject to the filing of an affidavit by Foster Wheeler on or before 12/11/98. No notice (vmj) (Entered: 12/01/1998)

MEMORANDUM, OPINION, AND ORDER (lal) (Entered: 12/02/1998)

MINUTE ORDER of 11/30/98 by Hon. David H. Coar : For the reasons set forth in the attached Memorandum Opinion and Order, defendant Foster Wheeler's motion to dismiss Count III of James Ferguson's amended complaint in intervention is granted. [48-1] Defendant Local 597's motion to dismiss Counts I and III of Ferguson's amended complaint is denied as to Count I and granted as to Count III. [45-1] Defendant Local 597's motion to dismiss the EEOC's second amended complaint is denied. [50-1] Ruling date of 12/02/98 is stricken. Telephoned notice (lal) (Entered: 12/02/1998)

DECLARATION by Michael Woods; Notice of filing. (vmj) (Entered: 12/16/1998)

TRANSCRIPT of proceedings for the following date(s): 11/9/98 Before Honorable Magistrate Judge Denlow. (vmj) (Entered: 12/18/1998)

MOTION by plaintiff EEOC to amend scheduling order ; Notice of motion (hp) (Entered: 12/31/1998)

MOTION by plaintiff EEOC for leave to file third amended complaint ; Notice of motion (hp) (Entered: 12/31/1998)

THIRD AMENDED COMPLAINT [43-1] by plaintiff EEOC; jury demand; adding Foster Wheeler Illinois, Inc., Foster Wheeler USA, Inc., Foster Wheeler Corporation (hp) (Entered: 12/31/1998)

MINUTE ORDER of 12/30/98 by Hon. David H. Coar : EEOC's motion for leave to file third amended complaint is granted, [82-1] Foster Wheeler's oral objections are overruled. Defendants to answer or plead on or before 02/01/99. Oral motion of James Ferguson's attorney to continue the deposition of Ferguson is granted. [0-1] The Ferguson deposition shall not proceed until after 01/14/99. Mailed notice (hp) (Entered: 12/31/1998)

MINUTE ORDER of 12/30/98 by Hon. David H. Coar : EEOC's motion to amend scheduling order is granted. [81-1] This amendment is in reference to expert discovery only, no other dates will be altered. Disclosure of Experts by the plaintiff - 02/27/99. Disclosure of experts by the defendants - 03/23/99. Expert discovery to be completed by 04/13/99. Mailed notice (hp) (Entered: 12/31/1998)

MOTION by Ayesha S Hakeem to withdraw as attorney for plaintiff/intervenor, James Ferguson ; Notice of motion. (vmj) (Entered: 01/12/1999)

MINUTE ORDER of 1/11/99 by Hon. David H. Coar: Motion for leave to withdraw as attorney for plaintiff/intervenor, James Ferguson granted [86-1]. Leave granted Ayesha Salima Hakeem and Associates to withdraw as attorney for plaintiff/intervenor James M Ferguson. Ferguson shall proceed as scheduled on 1/19/99. Mailed notice (vmj) (Entered: 01/12/1999)

MOTION by Michael Harper for a protective order (Exhibits). (vmj) (Entered: 01/22/1999)

NOTICE of motion regarding motion for a protective order [88-1]. (vmj) (Entered: 01/28/1999)

RESPONSE by Foster Wheeler to Michael Harper's motion for a protective order [88-1] (Attachments). (vmj) (Entered: 01/22/1999)

MINUTE ORDER of 1/20/99 by Hon. Morton Denlow: Motion is denied without prejudice to the right of Michael G. Harper to object to the use of his deposition in the case of Harper vs. Foster Wheeler, 97 C 4793 [88-1]. Status hearing of 1/28/99 is reset to 2/18/99 at 10:00 a.m. No notice (vmj) (Entered: 01/28/1999)

ANSWER to EEOC's third amended complaint by defendant Local Union 597 Pipefitters Assn; Notice of filing. (vmj) (Entered: 02/02/1999)

ANSWER to the Equal Employment Oppotrunity Commission's third amended complaint by defendant Foster Wheeler; jury demand. (vmj) (Entered: 02/04/1999)

ANSWER to the Equial Employment Opportunity Commission's third amended complaint by defendant Foster Wheeler USA; jury demand. (vmj) (Entered: 02/04/1999)

ANSWER to the Equal Employment Opportunity Commission's third amended complaint by defendant Foster Wheeler Corp; jury demand. (vmj) (Entered: 02/04/1999)

ANSWER by Foster Wheeler Constructors, Inc. to the Equal Employment Opportunity Commission's third amended complaint; jury demand. (vmj) (Entered: 02/04/1999)

MOTION by defendant Local Union 597 Pipefitters Assn for leave to file instanter its amended answer to the plaintiff-intervenor's amended complaint ; Notice of motion. (vmj) (Entered: 02/16/1999)