Case: EEOC v. Dana/Spicer

EEOC v. Dana Corporation, et al

EEOC v. Dana Corporation, et al

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT ( Number of Summon(es) issued: 1 ) Jury demand by: plaintiff (mjk) (Entered: 05/22/2001)

RETURN OF SERVICE executed on 5/31/01 by certified mail upon CT Corporation Systems, Registered Agent for defendants (mjk) (Entered: 06/06/2001)

ATTORNEY APPEARANCE for defendant Dana Corporation, defendant Spicer Mfg Inc by Victoria L Nilles (jld) (Entered: 06/20/2001)

ATTORNEY APPEARANCE for defendant Dana Corporation, defendant Spicer Mfg Inc by John R Maley (jld) (Entered: 06/20/2001)

ATTORNEY APPEARANCE for defendant Dana Corporation, defendant Spicer Mfg Inc by Kathleen M Anderson (jld) (Entered: 06/20/2001)

CORPORATE DISCLOSURE by defendant Dana Corporation, defendant Spicer Mfg Inc (jld) (Entered: 06/20/2001)

AGREED NOTICE of extension of time to file answer to/including 7/10/01 by defendant Dana Corporation, defendant Spicer Mfg Inc (jld) (Entered: 06/20/2001)

NOTICE: before Judge Allen Sharp ;Pretrial conference set 1:30 7/20/01 w/consent form (cc: all counsel) (saj) (Entered: 06/22/2001)

MOTION by plaintiff EEOC to reset pretrial conference currently set 7/20/01 to a telephonic conference on 7/30/01 at 1:00, plaintiff to initiate call (jld) (Entered: 06/29/2001)

ORDER by Judge Allen Sharp granting motion to reset pretrial conference currently set 7/20/01 to a telephonic conference on 7/30/01 at 1:00, plaintiff to initiate call [9-1] ;Pretrial conference 1:00 7/30/01 before Judge Allen Sharp Number of pages: 2 (cc: all counsel) (jld) (Entered: 06/29/2001)

ANSWER by defendant Dana Corporation, defendant Spicer Mfg Inc to complaint [1-1]; jury demand (mjk) (Entered: 07/10/2001)

MOTION for Curtis C Thompson, Delenore Q Guyton, Derrick O Martin & Michael R Steadman to intervene (mjk) (Entered: 07/12/2001)

RECEIPT of proposed complaint of intervenors (mjk) (Entered: 07/12/2001)

RECEIPT of proposed complaint of intervenors (mjk)

PROPOSED Discovery plan under FRCP 26 by parties (Report of parties' planning meeting) (mjk) (Entered: 07/18/2001)

tracking sheet sent (jld) (Entered: 07/17/2001)

tracking sheet sent (jld)

MINUTES: Pretrial conference held before Judge Allen Sharp, ;Discovery ddl set for 5/15/02 ; Pre-trial order ddl set for 10/1/02 by defendant counel for Dana Corp.;Jury trial set for 10/21/02 at 1:30 pm in South Bend, IN ;exch of cont, wit, exhib 9/3/02 by rest of counsel ;disp motion ddl set for 7/8/02 ;Response ddl set for 8/5/02; Lori Jansen will prepare and send an order for Judge Sharp to sign granting intervention. (cc: all counsel) (csi) (Entered: 07/30/2001)

ORDER WITH REFERENCE to conduct of trial by Judge Allen Sharp Number of pages: 7 (cc: all counsel) (mlc) (Entered: 07/30/2001)

ORDER by Judge Allen Sharp granting motion for Curtis C Thompson, Delenore Q Guyton, Derrick O Martin & Michael R Steadman to intervene [12-1] Number of pages: 1 (cc: all counsel) (mjk) (Entered: 08/02/2001)

INTERVENOR'S COMPLAINT by intervenor plaintiff Curtis C Thompson, intervenor plaintiff Delenore Q Guyton, intervenor plaintiff Derrick O Martin, intervenor plaintiff Michael R Steadman (mjk) (Entered: 08/02/2001)

NOTICE OF SERVICE by intervenor plaintiff of Complaint of Intervenors (mjk) (Entered: 08/07/2001)

ANSWER by defendant Dana Corporation, defendant Spicer Mfg Inc to intervenor plaintiffs' complaint [17-1]; jury demand (mjk) (Entered: 08/22/2001)

MOTION for Robert Tubbs to intervene (intervenor complaint attached as Exhibit 1) (mjk) (Entered: 09/27/2001)

ORDER by Judge Allen Sharp granting motion for Robert Tubbs to intervene [20-1] Number of pages: 1 (cc: all counsel) (mjk) (Entered: 10/19/2001)

INTERVENOR'S COMPLAINT by intervenor plaintiff Robert Tubbs (filed per #21) (mjk) (Entered: 10/19/2001)

ANSWER by defendant Dana Corporation, defendant Spicer Mfg Inc to complaint [1-1]; jury demand (mjk) (Entered: 10/31/2001)

PROTECTIVE ORDER by Judge Allen Sharp : Personnel records or any current or former Dana employee (other than parties to this action) that contain information regarding an employee's family, benefits or compensation and/or social security numbers shall be maintained in confidence. Number of pages: 4 (cc: all counsel) (mjk) (Entered: 12/11/2001)

RECEIPT of proposed stipulated protective order (mjk) (Entered: 12/11/2001)

RECEIPT of proposed stipulated protective order (mjk)

ATTORNEY APPEARANCE for plaintiff EEOC by Johanna Philhower Maple (mjk) (Entered: 01/08/2002)

MOTION by intervenor plaintiff Robert Tubbs to dismiss claim of Robert Tubbs with prejudice (mjk) (Entered: 02/08/2002)

ORDER by Judge Allen Sharp granting motion to dismiss claim of Robert Tubbs with prejudice [26-1]; dismissing party Robert Tubbs . Number of pages: 1 (cc: all counsel) (mjk) (Entered: 02/19/2002)

STIPULATION by all parties to dismiss Derrick Martin's wrongful termination & retaliation claims re January 2001 RIF (stipulated), with all of Martin's and other plaintiffs' other claims remaining (mjk) Modified on 02/21/2002 (Entered: 02/20/2002)

ORDER by Judge Allen Sharp granting motion to dismiss ONLY Derrick Martin's wrongful termination & retaliation claims re January 2001 RIF, with prejudice [28-1] Number of pages: 1 (cc: all counsel) (mjk) (Entered: 02/21/2002)

COPY OF LETTER from Thomas R Lemon to counsel re mediation (filed per chambers) (mjk) (Entered: 03/01/2002)

Discovery Filed by plaintiff EEOC: Request for production of documents to non-party Local 1405, UAW (mjk) (Entered: 03/12/2002)

MOTION by plaintiff EEOC for leave to interview one of defendant's former supervisors (mjk) (Entered: 03/20/2002)

MEMORANDUM by plaintiff EEOC in support of motion for leave to interview one of defendant's former supervisors [32-1] (mjk) (Entered: 03/20/2002)

MOTION by plaintiff EEOC to withdraw request for production of documents to non party Local 1405 UAW (mjk) (Entered: 03/22/2002)

ORDER by Judge Allen Sharp granting motion to withdraw request for production of documents to non party Local 1405 UAW [34-1], directing clerk to purge request from file [31-1] Number of pages: 1 (cc: all counsel) (mjk) (Entered: 03/25/2002)

LETTER to Judge Sharp from Thomas R Lemon re mediation (mjk) (Entered: 03/25/2002)

BRIEF IN RESPONSE by defendant Dana Corporation to motion for leave to interview one of defendant's former supervisors [32-1] (mjk) (Entered: 04/11/2002)

MOTION by defendant Dana Corporation for leave to conduct ex parte interviews (mjk) (Entered: 04/10/2002)

BRIEF FILED by defendant Dana Corporation in support of motion for leave to conduct ex parte interviews [37-1] (mjk) (Entered: 04/10/2002)

PROTECTIVE ORDER by Judge Allen Sharp : Medical, mental-health & educational records pertaining to any class member in this action, as well as personnel records of any class member that contain private family information or that pertain to personal benefits shall be designated as "Confdential Documents." Number of pages: 3 (cc: all counsel) (mjk) (Entered: 04/12/2002)

RECEIPT of proposed stipulated protective order by parties (mjk) (Entered: 04/12/2002)

RECEIPT of proposed stipulated protective order by parties (mjk)

REPLY by plaintiff EEOC to response/opposition to motion for leave to interview one of defendant's former supervisors [32-1] (mjk) (Entered: 04/23/2002)

OBJECTIONS TO REQUEST OF DOCUMENTS AND MOTION by Lawrence A Falli to quash subpoena (mjk) (Entered: 04/24/2002)

RESPONSE by intervenor plaintiff Curtis C Thompson to defendant's request for admissions (lpw) (Entered: 04/29/2002)

NOTICE by defendant Dana Corporation of supplemental authority (mjk) (Entered: 04/30/2002)

ATTORNEY APPEARANCE for defendant Dana Corporation, defendant Spicer Mfg Inc by Shaun E Graham (mjk) (Entered: 04/30/2002)

RESPONSE by plaintiff EEOC to motion for leave to conduct ex parte interviews [37-1] (mjk) (Entered: 05/01/2002)

REPLY BRIEF by defendant Dana Corporation to response/opposition to motion for leave to conduct ex parte interviews [37-1] (smp) (Entered: 05/10/2002)

NOTICE by Dr Lawrence A Falli of physician's lien re John Jones III (mjk) (Entered: 05/14/2002)

JOINT MOTION by plaintiff, intervenor plaintiffs and defendants to extend time to/including 6/14/02 to complete discovery and STIPULATION regarding number of depositions (mjk) (Entered: 05/17/2002)

ORDER by Judge Allen Sharp granting motion to extend time to/including 6/14/02 to complete discovery [49-1]; Discovery ddl reset for 6/14/02 . Number of pages: 2 (cc: all counsel) (mjk) (Entered: 05/17/2002)

MEMORANDUM AND ORDER: by Judge Allen Sharp granting plaintiff's motion for leave to interview one of defendant's former supervisors [32-1]; granting defendants' motion for leave to conduct ex parte interviews [37-1] Number of pages: 6 (cc: all counsel) (mjk) (Entered: 05/21/2002)

LETTER from Thomas R Lemon advising that following mediation, an agreement was reached among the parties (mjk) (Entered: 05/31/2002)

ORDER by Judge Allen Sharp dismissing case without costs and without prejudice to the right of any party upon good cause shown within 60 days to vacate order & reopen action if settlement not consummated. Upon complation of settlement, parties may stipulate that cause be dismissed with prejudice & that costs be assessed and court will approve stipulation. Jury trial scheduled for 10/21/02 is VACATED . Number of pages: 2 (cc: all counsel) (mjk) (Entered: 05/31/2002)

CLERK'S ENTRY OF JUDGMENT regarding [53-1], [53-2] (cc: all counsel) (mjk) (Entered: 05/31/2002)

JOINT MOTION by plaintiff, intervenor plaintiffs and defendants for entry of consent decree (proposed consent decree received) (mjk) (Entered: 06/04/2002)

Consent Decree by Judge Allen Sharp granting motion for entry of consent decree [55-1]. Court will retain jurisdiction of case for 30 months for purposes of monitoring compliance with Decree and entry of further orders or modifications as may be necessary or appropriate (cc: all counsel) (mjk) (Entered: 06/05/2002)

MOTION by plaintiff EEOC to reinstate the action (mjk) Modified on 06/07/2002 (Entered: 06/06/2002)

ORDER by Judge Allen Sharp granting motion to reinstate the action [57-1]; case reopened. Number of pages: 2 (cc: all counsel) (mjk) (Entered: 06/07/2002)

MOTION by defendant Dana Corporation, defendant Spicer Mfg Inc to modify consent decree (mjk) (Entered: 07/03/2002)

MOTION by plaintiff EEOC for entry of final order on distribution (mjk) (Entered: 07/09/2002)

NOTICE by defendant Dana Corporation re amended proposed form of order to modify consent decree (mjk) (Entered: 07/09/2002)

ORDER by Judge Allen Sharp granting motion to modify consent decree [59-1]. Once conditions are met for payment, Dana's obligations will be met by following payments: $23,000.00, minus applicable deductions, that Dana would have paid to Dennis Ray Lee, to be paid to Mark A Warsco as Bankruptcy Trustee; $23,000.00, minus applicable deductions, that Dana would have paid to Jeffery Charles Boatwright, to be paid to Rebecca L Hoyt Fischer as Bankruptcy Trustee; and $8,282.00 that Dana would otherwise have paid to Delenore Q. Guyton, to be paid to Allen County Clerk to be applied to child supprt arrearage, with remainder of $32,000.00, minus applicable deductions, to be paid to Mr Guyton. Number of pages: 3 (cc: all counsel) (mjk) (Entered: 07/12/2002)

FINAL ORDER ON DISTRIBUTION by Judge Allen Sharp: Defendants to distribute settlement funds as set out in Consent Decree [56-1], as modified in order entered 7/10/02 [62-1]. Court continues to retain jurisdiction for purpose of monitoring compliance with Decree. Number of pages: 2 (cc: all counsel) (mjk) (Entered: 07/12/2002)

NOTICE of Withdrawal of Appearance. Attorney Victoria L. Nilles withdraws her appearance on behalf of Dana Corportion. (ksc, ) (Entered: 08/02/2004)

ORDER. Plaintiffs counsel is to file Status Report by 1/25/2005.. Signed by Judge Allen Sharp on 1/5/05. (kds) (Entered: 01/06/2005)

REPORT by Equal Employment Opportunity Commission. (Bird, Kenneth) (Entered: 01/07/2005)

ORDER: The requirements of the Consent Decree having been satisfied and the EEOC having informed the Court that the Plaintiff Intervenors agree with the 66 Report, this case is ordered closed. ***Civil Case Terminated. Signed by Judge Allen Sharp on 1/10/05. (ksc) (Entered: 01/10/2005)