Case: EEOC v. Winslow Memorial Hospital

EEOC v. Winslow Memorial

U.S. Court of Appeals for the Ninth Circuit

EEOC v. Winslow Memorial Hospital, Inc.

EEOC v. Winslow Memorial Hospital, Inc.

EEOC v. Winslow Memorial Hospital, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (JIR) (Entered: 10/01/2004)

INITIAL ORDER by Judge David G. Campbell A complaint having been filed in this civil action, it is hereby ordered: 1. As required by Rule 4(m) of the Federal Rules of Civil Procedure, Plaintiff(s) shall effect service of the Complaint and Summons on all Defendants within 120 days after the filing of the Complaint. This Initial Order shall serve as notice to the Plaintiff(s) under Rule 4(m) that the Court may dismiss this action without further notice with respect to any Defendant(s) named in the Complaint that are not served within this time period. 2. Plaintiff(s) shall notify the Court in writing when service has been accomplished on the Defendant(s) in accordance with Rule 4 and shall request that the Court set a Case Management Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure. Plaintiff(s) shall provide such notification to the Court within ten days after service of the Complaint on all Defendant(s). 3. Upon receipt of such notice, the Court will issue an Order Setting Rule 16 Case Management Conference that directs the parties to comply with Rule 26(f) of the Federal Rules of Civil Procedure and describes the Case Management Report that must be filed by the parties before the Case Management Conference (the Court requires a report that is broader than that proposed in Form 35 of the Appendix of Forms to the Federal Rules of Civil Procedure). A copy of the Court's Order Setting Rule 16 Case Management Conference can be found on the Court's website at www.azd.courts.gov under Judges and Courtrooms and Orders, Forms and Procedures. 4. As stated in Rule 26(d), the parties shall not seek discovery from any source until they have conferred as required by Rule 26(f). 5. Plaintiff(s) shall ensure that all Defendant(s) promptly receive a copy of this Order (cc: all counsel) re: order filed [2-1] (MAP) (ADI-ICMS, ). (Entered: 10/07/2004)

RETURN OF SERVICE EXECUTED personally with summons/complaint upon dft Winslow Mem Hosp Inc on 10/20/04 (KCS) (Entered: 10/28/2004)

NOTICE by pla EEOC of service of summons, complaint & order on dft. Case Management Conference requested. (KCS) (Entered: 11/08/2004)

ANSWER to complaint [1-1] by dft Winslow Mem Hosp Inc (MAP) (Entered: 11/17/2004)

ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE by Judge David G. Campbell prel scheduling conf set for 11:30 1/3/05 (cc: all counsel) (MAP) (ADI-ICMS, ). (Entered: 11/23/2004)

CASE MGT PLAN/REPORT: proposed discovery cutoff 11/18/05; dispositive motions filing ddl is 12/23/05 (KCS) (Entered: 12/27/2004)

NOTICE of service of initial disclosure statement pursuant to FRCivP 26(a) by dft Winslow Mem Hosp Inc (KCS) (Entered: 12/30/2004)

NOTICE of service of discovery by dft Winslow Mem Hosp Inc . (KMG) (Entered: 01/05/2005)

NOTICE by dft Winslow Mem Hosp Inc OF TAKING DEPO OF Gloria Warren on the following date(s): 2/9/05 (KMG) (Entered: 01/05/2005)

NOTICE by dft Winslow Mem Hosp Inc OF TAKING DEPO OF Ella Mae Renfro on the following date(s): 2/10/05 (KMG) (Entered: 01/05/2005)

MINUTE ENTRY before Judge David G. Campbell. Crt Rptr: David Lee. Appearances: Katherine Kruse for pla; Lawrence Rosenfeld for dft. Preliminary scheduling conference held. Dispositive motions due 11/18/05. Order to follow. [cc: DGC] [9-2] (LMR) (Entered: 01/03/2005)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla (DMT) (Entered: 01/10/2005)

CASE MANAGEMENT ORDER by Judge David G. Campbell Discovery ddl set for 10/28/05; Dispositive motions due 11/18/05. (cc: all counsel) (KMG) (ADI-ICMS, ). (Entered: 01/05/2005)

NOTICE of service of discovery by dft Winslow Mem Hosp Inc . (SRB) (Entered: 01/07/2005)

NOTICE by dft Winslow Mem Hosp Inc OF TAKING DEPO OF Ella Mae Renfro on the following date(s): 03/09/05 @ 8:00 a.m. (KCS) (Entered: 02/07/2005)

STIPULATION to amend answer to complaint [5-1] by pla EEOC, dft Winslow Mem Hosp Inc (unsigned 1st amended answer attached as exhibit 1) (KCS) (Entered: 02/07/2005)

STIPULATION to dismiss record keeping violation claim in complaint [1-1] by pla EEOC, dft Winslow Mem Hosp Inc; parties to bear their own fees and costs with regard to this claim. (KCS) (Entered: 02/10/2005)

ORDER by Judge David G. Campbell granting stipulation to amend answer to complaint [5-1] by pla EEOC, dft Winslow Mem Hosp Inc (unsigned 1st amended answer attached as exhibit 1) (cc: all counsel) (KCS) (ADI-ICMS, ). (Entered: 02/07/2005)

NOTICE of service of discovery by pla EEOC . (KCS) (Entered: 02/15/2005)

AMENDED answer to complaint [5-1] by dft Winslow Mem Hosp Inc (KCS) (Entered: 02/15/2005)

NOTICE of service of discovery by pla EEOC . (KCS) (Entered: 02/15/2005)

ORDER by Judge David G. Campbell granting stipulation to dismiss record keeping violation claim in complaint [1-1] entitled "Failure to File EEO-1 Reports" by pla EEOC, dft Winslow Mem Hosp Inc; parties to bear their own fees and costs with regard to this claim. (cc: all counsel) (KCS) (ADI-ICMS, ). (Entered: 02/11/2005)

NOTICE of service of discovery by pla EEOC . (KCS) (Entered: 02/24/2005)

NOTICE by dft Winslow Mem Hosp Inc OF TAKING DEPO OF Gloria Warren on the following date(s): 03/14/05 @ 8:00 a.m. (KCS) (Entered: 02/25/2005)

NOTICE (2nd Amended) by dft Winslow Mem Hosp Inc OF TAKING DEPO OF Ella Mae Renfro on the following date(s): 03/07/05 @ 8:00 a.m. (KCS) (Entered: 02/25/2005)

NOTICE (3rd amended) by dft Winslow Mem Hosp Inc OF TAKING DEPO OF Ella Mae Renfro on the following date(s): 03/09/05 @ 8:00 a.m. (KCS) (Entered: 02/28/2005)

NOTICE of service of discovery by pla EEOC . (KCS) (Entered: 03/09/2005)

NOTICE of service of discovery by pla EEOC . (KCS) (Entered: 03/10/2005)

NOTICE of service of discovery by dft Winslow Mem Hosp Inc . (MAP) (Entered: 03/22/2005)

NOTICE of service of discovery by pla EEOC . (MAP) (Entered: 03/30/2005)

NOTICE of service of discovery by dft Winslow Mem Hosp Inc . (KCS) (Entered: 04/05/2005)

NOTICE of service of 3rd supplemental disclosure statement pursuant to FRCivP 26(a) by pla EEOC (KCS) (Entered: 04/05/2005)

NOTICE of service of discovery by dft. (DMT) (Entered: 04/05/2005)

ORDER by Judge David G. Campbell re: 4/6/05 telephone conference; that Dr Anil K Srivastava shall comply with the subpoena from Winslow Memorial Hospital Inc, in connection with this litigation, seeking production of medical records for Ella Mae Renfro (cc: all counsel) re: order filed [35-1] (DMT) (ADI-ICMS, ). (Entered: 04/08/2005)

NOTICE of service of discovery by pla EEOC . (KCS) (Entered: 04/14/2005)

NOTICE of service of discovery by pla EEOC . (LSP) (Entered: 04/19/2005)

NOTICE of service of discovery by dft Winslow Memorial Hospital Inc (LSP) (Entered: 04/25/2005)

NOTICE of service of first supplemental disclosure statement pursuant to FRCivP 26(a) by dft Winslow Memorial Hospital Inc (LSP) (Entered: 04/25/2005)

NOTICE of service of discovery by pla EEOC. (KMG) (Entered: 05/26/2005)

NOTICE by pla EEOC OF TAKING DEPO OF Donna Stubblefield on the following date(s): 7/27/05 at 1 pm (LAD) (Entered: 06/23/2005)

NOTICE by pla EEOC OF TAKING DEPO OF Ross Black on the following date(s): 6/28/05 at 8:30 am (LAD) (Entered: 06/23/2005)

NOTICE of Deposition of Winslow Memorial Hospital, to be held on the following date(s): August 17, 2005, filed by Equal Employment Opportunity Commission. (RDS) (Entered: 07/18/2005)

Notice of service of 4th supplemental disclosure statement by Equal Employment Opportunity Commission (KCS) (Entered: 07/21/2005)

First Amended Notice of Deposition of Donna Stubblefield, to be held on the following date(s): August 9, 2005, filed by Equal Employment Opportunity Commission. (RDS) (Entered: 07/28/2005)

First Amended Notice of Deposition of Ross Black, to be held on the following date(s): August 10, 2005, filed by Equal Employment Opportunity Commission. (RDS) (Entered: 07/28/2005)

NOTICE of Deposition of Winslow Memorial Hospital, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) Modified on 8/15/2005 (KCS). NOT IN COMPLIANCE WITH LOCAL RULE 7.1(a)(1) AS AMENDED BY GENERAL ORDER 05-17. (Entered: 08/03/2005)

NOTICE of Deposition of Larry Pane, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) Modified on 8/15/2005 (KCS). NOT IN COMPLIANCE WITH LOCAL RULE 7.1(a)(1) AS AMENDED BY GENERAL ORDER 05-17. (Entered: 08/12/2005)

NOTICE of Deposition of Judy Beyschau, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) Modified on 8/15/2005 (KCS). NOT IN COMPLIANCE WITH LOCAL RULE 7.1(a)(1) AS AMENDED BY GENERAL ORDER 05-17. (Entered: 08/12/2005)

NOTICE TO FILER OF DEFICIENCY re 49 Notice of Deposition filed by Equal Employment Opportunity Commission, 47 Notice of Deposition filed by Equal Employment Opportunity Commission, 48 Notice of Deposition filed by Equal Employment Opportunity Commission. Description of deficiency: Documents not in compliance with Local Rule 7.1(a)(1) as amended by General Order 05-17. See notice #50 for details. (KCS) (Entered: 08/15/2005)

NOTICE of Deposition of Jeff Hamblen, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 08/26/2005)

NOTICE of Deposition of Larry Pane, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 08/26/2005)

STIPULATION to Extend Date for Engaging in Good Faith Settlement Talks by Equal Employment Opportunity Commission, Winslow Memorial Hospital, Inc.. (Pasternak, Daniel) (Entered: 08/26/2005)

ORDER re 53 STIPULATION to Extend Date for Engaging in Good Faith Settlement Talks by Equal Employment Opportunity Commission, Winslow Memorial Hospital, Inc.. (Pasternak, Daniel) filed by Equal Employment Opportunity Commission,Winslow Memorial Hospital, Inc. Signed by Judge David G Campbell on 8/30/05. (DGC, ) (Entered: 08/30/2005)

NOTICE of Deposition of Judy Beyschau Amended, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 09/09/2005)

Notice re Discovery Requests to Defendant by Equal Employment Opportunity Commission (Kruse, Katherine) (Entered: 09/14/2005)

Notice re Joint Report on Settlement Talks by Equal Employment Opportunity Commission (Kruse, Katherine) (Entered: 09/16/2005)

NOTICE of Deposition of Jeff Hamblen, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 09/20/2005)

NOTICE of Deposition of Lee Holter, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 09/20/2005)

NOTICE of Deposition of Cheryl Peterson, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 09/20/2005)

NOTICE of Deposition of Jeff Hamblen, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 10/03/2005)

NOTICE of Deposition of Lee Holter, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 10/03/2005)

NOTICE of Deposition of Bruce Blankenship, filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 10/04/2005)

Notice re of Service of Fifth Supplemental Rule 26(A)(1) Disclosure Statement by Equal Employment Opportunity Commission (Kruse, Katherine) (Entered: 10/17/2005)

Notice re Service of Defendant's Responses to Plaintiff's Discovery Requests by Winslow Memorial Hospital, Inc. (Pasternak, Daniel) (Entered: 10/17/2005)

Notice re Service of Defendant's Second Supplement to Rule 26 Initial Disclosures by Winslow Memorial Hospital, Inc. (Pasternak, Daniel) (Entered: 10/25/2005)

Notice re Service of Sixth Supplemental Disclosure Statement by Equal Employment Opportunity Commission (Kruse, Katherine) (Entered: 10/28/2005)

STIPULATION TO CONDUCT DEPOSITION AFTER DISCOVERY CUT-OFF DATE by Winslow Memorial Hospital, Inc.. (Pasternak, Daniel) (Entered: 11/09/2005)

ORDER re 68 STIPULATION TO CONDUCT DEPOSITION AFTER DISCOVERY CUT-OFF DATE by Winslow Memorial Hospital, Inc. (Pasternak, Daniel) filed by Winslow Memorial Hospital, Inc. Signed by Judge David G Campbell on 11/16/05. (DGC, ) (Entered: 11/16/2005)

MOTION for Summary Judgment by Winslow Memorial Hospital, Inc.. (Pasternak, Daniel) (Entered: 11/18/2005)

STATEMENT of Facts in Support of Motion for Summary Judgment re 70 MOTION for Summary Judgment by Defendant Winslow Memorial Hospital, Inc.. (Attachments: # 1 Exhibit Index and Exhibit 1# 2 Exhibit 2 Part 1# 3 Exhibit 2 Part 2# 4 Exhibit 3 Part 1# 5 Exhibit 3 Part 2# 6 Exhibit 4 Part 1# 7 Exhibit 4 Part 2# 8 Exhibit 5 to 7# 9 Exhibit 8 Part 1# 10 Exhibit 8 Part 2# 11 Exhibit 9# 12 Exhibit 10 to 12# 13 Exhibit 13 to 15# 14 Exhibit 16(a) Part 1# 15 Exhibit 16(a) Part 2# 16 Exhibit 16(b)# 17 Exhibit 17# 18 Exhibit 18 to 20# 19 Exhibit 21# 20 Exhibit 22 to 25# 21 Exhibit 26 to 30# 22 Exhibit 31 to 38# 23 Exhibit 39 to 41# 24 Exhibit 42 to 46# 25 Exhibit 47 to 49)(Pasternak, Daniel) (Entered: 11/18/2005)

MOTION for Leave to File Excess Pages for Response to Defendant's Motion for Summary Judgment by Equal Employment Opportunity Commission. (Meyer, Valerie) (Entered: 12/20/2005)

RESPONSE in Opposition re 72 MOTION for Leave to File Excess Pages for Response to Defendant's Motion for Summary Judgment filed by Winslow Memorial Hospital, Inc.. (Pasternak, Daniel) (Entered: 12/20/2005)

RESPONSE in Opposition re 70 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 12/21/2005)

STATEMENT of Facts in Support of EEOC's Response re 74 Response in Opposition to Motion for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Exhibit List, Exhibits 1-12# 2 Errata Exhibits 13-33# 3 Exhibit Exhibits 34-54)(Kruse, Katherine) (Entered: 12/21/2005)

ORDER. Plaintiff EEOC has filed a Response to Defendant's Motion for Summary Judgment (Doc. #74) that does not comply with the Court's local rules. LRCiv 7.1(b)(1) requires that all pleadings be filed with 13 point type. Plaintiff's filing appears to be in 12 point type or smaller, with footnotes in even smaller type. The response is stricken. Plaintiff shall file a response that complies with the Court's local rules, both in type size and page limits, on or before December 31, 2005. Defendant shall have a comensurate extension of time to file a reply. Signed by Judge David G Campbell on 12-22-05. (DGC) This is a text-only order; there is no corresponding pdf document. (Entered: 12/22/2005)

RESPONSE in Opposition re 70 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Kruse, Katherine) (Entered: 12/22/2005)

ORDER denying 72 Motion for Leave to File Excess Pages. Signed by Judge David G Campbell on 12-29-05. (DGC,nvj) (Entered: 12/29/2005)

REPLY to Response to Motion re 70 MOTION for Summary Judgment filed by Winslow Memorial Hospital, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit E and F)(Pasternak, Daniel) (Entered: 01/09/2006)

Notice re Filing of Original Signed Affidavit of Gloria Warren by Equal Employment Opportunity Commission re 77 Response in Opposition to Motion for Summary Judgment (Attachments: # 1 Affidavit Gloria Warren)(Kruse, Katherine) (Entered: 01/18/2006)

NOTICE of Attorney Substitution by Sally Clifford Shanley (Shanley, Sally) (Entered: 03/16/2006)

ORDER granting dft's 70 Motion for Summary Judgment. The Clerk shall terminate this action. Signed by Judge David G Campbell on 6/12/06. (KMG, ) (Entered: 06/13/2006)

CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED by way of this Court having grantedDefendant's Motion for Summary Judgment, Pla shall take nothing.Dismissing this action . Signed by Judge Judge Unassigned on 6/14/06. (KMG, ) (Entered: 06/14/2006)

BILL OF COSTS by Winslow Memorial Hospital, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Pasternak, Daniel) (Entered: 06/21/2006)

NOTICE OF APPEAL to 9th Circuit, as to 83 Clerk's Judgment, 82 Order on Motion for Summary Judgment by Equal Employment Opportunity Commission. Filing fee $ 455, receipt number Waived. (Kruse, Katherine) (Entered: 08/11/2006)

Representation Statement by Equal Employment Opportunity Commission re 85 Notice of Appeal (Kruse, Katherine) (Entered: 08/11/2006)

TRANSCRIPT DESIGNATION AND ORDER FORM by Equal Employment Opportunity Commission before Judge David G. Campbell. (Kruse, Katherine) (Entered: 08/14/2006)

Notice of Appeal Notification Form; Notice of Appeal and copy of docket sheet transmitted to Ninth Circuit and all parties re 85 Notice of Appeal (DMT, ) (Entered: 08/15/2006)

CADS Sent re 85 Notice of Appeal: Civil Appeals Docketing Statement sent to 9th Circuit on this date. (DMT, )

Taxation of Costs in amount of $ 6,173.55 against Plaintiff.Signed by Chief Deputy Michael O'Brien on 8/24/06. (AMS, ) (Entered: 08/24/2006)

CERTIFICATE OF RECORD TRANSMITTED TO 9TH CIRCUIT COURT OF APPEALS re 85 Notice of Appeal (REW, ) (Entered: 08/28/2006)

Ninth Circuit Case Number 06-16523 for 85 Notice of Appeal. (DMT, ) (Entered: 08/31/2006)

ORDER of 9th Circuit, setting assessment conference for 10/27/06 at 11:30 am; the briefing schedule previously set by the court remains in effect; appeal case number 06-16523, as to 85 Notice of Appeal filed by Equal Employment Opportunity Commission, (DMT, ) (Entered: 10/23/2006)

ORDER of 9th Circuit, that appellant shall serve a written settlement demand by 11/3/06. Court will initiate a further conference by telephone on 11/16/06 at 1:00 pm. Briefing schedule previously set is amended to show appellant shall file opening brief by 1/10/07 and remaining briefing scheduled reset, appeal case number 06-16523, (DMT, ) (Entered: 11/06/2006)

ORDER of 9th Circuit, appeal case number 06-16523: on or before 12/15/06 counsel for appellant shall serve a written response to matters discussed during 12/8/06 conference call; Court will initiate further conference by telephone on 12/21/06 at 12:30 p.m. Arizona Time; The briefing schedule is amended: appellant shall file an opening brief on or before 1/31/07; answering brief due on or before 3/2/07; optional reply brief due on or before 3/16/07 as to 85 Notice of Appeal filed by Equal Employment Opportunity Commission (LAD, ) (Entered: 12/27/2006)

MANDATE of 9th Circuit (Certified Copy), appellant's motion to dismiss this appeal is granted, case number 06-16523, as to 85 Notice of Appeal filed by Equal Employment Opportunity Commission (LCF) (Entered: 02/12/2007)