Case: EEOC v. COM-STAR DISTRIBUTING

EEOC v. Com-Star Dist.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (5 pgs) and Jury Trial Demand (ddk) (Entered: 09/11/1998)

TRACK INFORMATION STATEMENT filed by pltf EEOC. III track preferred (ddk) (Entered: 09/11/1998)

SUMMONS issued and returned to pltf's rep. (ddk) (Entered: 09/11/1998)

SUMMONS issued and returned to pltf's rep. (ddk)

MOTION to intervene by Brandi R. Lepper and ORDER granting: Brandi R. Lepper is now a party plaintiff to the action and her Complaint is accepted for filing in this case. (sds) (Entered: 10/08/1998)

THIRD-PARTY COMPLAINT: (11 pgs) by 3rd-party pltf Brandi R. Lepper against 3rd-party deft Com-Star Dist; w/demand for jury trial. (sds) (Entered: 10/08/1998)

ATTORNEY APPEARANCE by attoprney Robert J. Sharkey on behalf of deft/3rd-party deft Com-Star Dist. (sds) (Entered: 10/16/1998)

ANSWER to complaint by deft Com-Star Dist.; w/jury demand. (sds) (Entered: 10/16/1998)

PROOF OF MAILING by deft Com-Star Dist. of Appearance [5-1] and Answer to Complaint [6-1]. (sds) (Entered: 10/16/1998)

ANSWER (RESPONSE) by deft Com-Star Dist. to motion to intervene by Brandi R. Lepper; dft Com-Star does not object to the court granting the motion; w/affirmative defenses and proof of mailing. (sds) (Entered: 10/22/1998)

ORDER Scheduling Status Conference by Senior Judge Wendell A. Miles; Rule 16 status conf set for 11/18/98 at 2:30 p.m. before Magistrate Judge Rowland in Kalamazoo, MI; joint status report due 11/13/98 (cc: all counsel) (sds) (Entered: 10/23/1998)

CERTIFICATE OF SERVICE by pltf for first set of interrogatories and request for production of documents (gjf) (Entered: 11/12/1998)

ANSWER to third party complaint by 3rd-party deft Com-Star Distributing w/proof of mailing (gjf) (Entered: 11/17/1998)

MOTION by deft/3rd-party deft Com-Star Dist. to strike the complaint of third party intervenor for failure to comply w/FRCP w/brief in support and proof of mailing (gjf) (Entered: 11/17/1998)

CERTIFICATE OF SERVICE by 3rd-party pltf Brandi R. Lepper for first set of interrogatories (gjf) (Entered: 11/19/1998)

PROCEEDING before Magistrate Judge Doyle A. Rowland; Rule 16 Conference held 11/18/98 ; recorded by C. Rather/Tape 952 (sds) (Entered: 11/24/1998)

PROCEEDING before Magistrate Judge Doyle A. Rowland; Rule 16 Conference held 11/18/98 ; recorded by C. Rather/Tape 952 (sds)

ORDER continuing Rule 16 Status Conference( 1 pgs) by Magistrate Judge Doyle A. Rowland ; Status Conf continued at 11:00 a.m. on 12/21/98, before Magistrate Judge Doyle A. Rowland, 410 W. Michigan Ave., Kalamazoo, MI, 410 W. Michigan Ave., Kalamazoo, MI (cc: all counsel) (cr) (Entered: 11/19/1998)

JOINT STATUS REPORT filed by the parties. (cr) (Entered: 11/20/1998)

CASE MANAGEMENT ORDER (7 pgs) by Magistrate Judge Doyle A. Rowland; case will be set for jury trial before Judge Miles in the December 1999 trial session in Grand Rapids, MI; motions for joinder/amendment due by 12/14/98; pltf's witnesses by 12/30/98; dft's witnesses by 12/30/98; on or before 1/21/99, each party shall provide FRCP 26(a)(1) information to the other parties; written expert witness lists due by 3/31/99; discovery completion deadline 6/1/99: interrogatories limited to 30 single part questions; depositions limited to 10 fact witnesses per party; discovery completed by 6/1/99; dispositive motion filing ddl 6/15/99; final pretrial conf set before Magistrate Judge Rowland in Kalamazoo, MI on 11/18/99 at 10:00 a.m.; case submitted to MED which shall be completed by 10/15/99; case assigned to Track III--standard track, per Rule 16 conference held 11/18/98 (cc: all counsel and Med Clk) (sds) (Entered: 11/24/1998)

MEDIATION ORDER: names of mediation panel by 12/30/98; the parties shall inform Med Clk of date, time and place of hearing by 1/21/99; mediation shall be completed by 10/10/99 (cc: all counsel) (sds) (Entered: 11/24/1998)

ORDER ( 1 pgs) by Magistrate Judge Doyle A. Rowland dismissing Defendant/Third-Party Defendant Com-Star Distributing's motion to strike the complaint of third party intervenor for failure to comply w/FRCP [12-1] - the party advising the Court that it wishes to withdraw it motion (cc: all counsel) (cr) (Entered: 12/07/1998)

STIPULATION by the parties withdrawing the motion by dft Com-Star to strike the complaint of third party intervenor for failure to comply w/FRCP [12-1]; filed in accordance with the Order entered 12/4/98 [18-1], which allowed the withdrawal of the motion to strike) (sds) Modified on 12/21/1998 (Entered: 12/21/1998)

MOTION by deft Com-Star Dist. for summary judgment w/brief in support, affidavit of Daniel McNeal, and proof of service. (sds) (Entered: 12/23/1998)

PROCEEDING before Magistrate Judge Doyle A. Rowland; Continuation of Status Conf held 12/21/98 ; hearing not recorded. (sds) (Entered: 12/23/1998)

PROCEEDING before Magistrate Judge Doyle A. Rowland; Continuation of Status Conf held 12/21/98 ; hearing not recorded. (sds)

JOINT MOTION by pltf EEOC and Intervenor Brandi R. Lepper for leave to amend complaint ; w/brief in support, and certificate of service. (sds) (Entered: 12/28/1998)

ORIGINAL AFFIDAVIT of Daniel McNeal; filed with dft Com-Star's motion for summary judgment [20-1]; w/proof of mailing. (sds) (Entered: 12/31/1998)

MOTION by potential third party intervenors Alicia Moore and Leonie Adams for leave of court to amend pleadings w/brief in support; proposed order granting, proposed amended complaint by third party intervenor and proposed stipo to intervene; and cert of svc (mrs) (Entered: 01/06/1999)

WITNESS LIST submitted by deft Com-Star Dist.; w/proof of mailing. (sds) (Entered: 01/06/1999)

PRELIMINARY WITNESS LIST submitted by pltf EEOC; w/certificate of service. (sds) (Entered: 01/06/1999)

WITNESS LIST submitted by 3rd-party pltf Brandi R. Lepper; w/certificate of service. (sds) (Entered: 01/12/1999)

BRIEF IN RESPONSE by pltf EEOC to dft's motion for summary judgment [20-1]; w/exhibits 1-4, and certificate of service. (sds) (Entered: 01/14/1999)

PROOF OF SERVICE by pltf EEOC of its Response to Deft's First Set of Interrogatories and First Request for Production of Documents. (sds) (Entered: 01/20/1999)

MOTION to intervene by Alicia Moore, Leonie Adams ; w/memorandum in support. (sds) (Entered: 01/27/1999)

ORDER (1 pg) by Magistrate Judge Doyle A. Rowland granting motion to intervene by potential third-party intervenors Alicia Moore and Leonie Adams [29-1]; and granting motion for leave of court to amend pleadings [23-1] (cc: all counsel) (sds) (Entered: 01/27/1999)

AMENDED THIRD-PARTY COMPLAINT (4 pgs) [4-1] by 3rd-party pltf Brandi R. Lepper; adding Third-Party Intervenors Alicia Moore and Leonie Adams; w/jury trial demand. (sds) (Entered: 01/27/1999)

PROOF OF SERVICE by deft Com-Star Dist. of its Request for Production of Documents and Defendant's Second Set of Interrogatories. (sds) (Entered: 02/02/1999)

ANSWER (RESPONSE) by deft Com-Star Dist. to plaintiff's motion for leave to amend complaint [21-1]; w/brief in opposition, and proof of mailing. (sds) (Entered: 02/02/1999)

PROOF OF SERVICE by intervenor 3rd-party pltfs of Responses to Deft's Request for Documents. (sds) (Entered: 02/10/1999)

PROOF OF SERVICE by intervenor 3rd-party pltfs of Responses to Deft's First Set of Interrogatories. (sds) (Entered: 02/10/1999)

PROOF OF SERVICE by deft Com-Star Dist. of Third Set of Interrogatories. (sds) (Entered: 03/23/1999)

ATTORNEY APPEARANCE by attorney oseph A. Gammicchia, as co-counsel for pltf EEOC; w/certificate of service. (sds) (Entered: 04/26/1999)

NOTICE OF APPEARANCE AND SUBSTITUTION OF COUNSEL: entering the appearance of attorneys Adele Rapport and Robert Dawkins on behalf of pltf; w/certificate of service. (Note: Adele Rapport was already counsel for pltf so there is no substitution to be made) (sds) (Entered: 04/26/1999)

ORDER REJECTING PLEADING (1 pg) by Magistrate Judge Doyle A. Rowland: rejecting pltf's proof of service for plaintiff's response to dft's third set of interrogatories for lack of an original signature (cc: all counsel) (sds) (Entered: 04/30/1999)

PROOF OF SERVICE by pltf EEOC of the Plaintiff's Response to Defendant's Third Set of Interrogatories. (sds) (Entered: 05/13/1999)

PROOF OF SERVICE by intervenor 3rd-party pltfs Alicia Moore and Leonie Adams of Subpoena Duces Tecum upon a non-party, Coldwater Daily Reporter. (sds) (Entered: 05/25/1999)

PROOF OF SERVICE by deft Com-Star Dist. of defendant's answer to third party intervenor's 1st set of interrogatories and defendant's answers to pltf EEOC's first set of interrogatories and request for production. (sds) (Entered: 05/24/1999)

PROOF OF SERVICE by pltf EEOC of Pltf's Response to Dft's Third Set of Interrogatories. (sds) (Entered: 05/25/1999)

PROTECTIVE NOTICE OF DEPOSITIONS by pltf EEOC of taking depositions of Daniel J. McNeal, Mike Keller, Robert Elliot, Todd Allenhouse, and Mike Bull at a time and place to be agreed upon by counsel; w/certificate of service. (sds) (Entered: 06/02/1999)

PROTECTIVE NOTICE OF DEPOSITIONS by deft Com-Star Dist. of taking depositions of Brandi Lepper, Leonie Adams, Alicia Moore, and Rob Elliott at a time and place to be mutually agreed upon by counsel; w/proof of mailing. (sds) (Entered: 06/02/1999)

MOTION by pltf EEOC to modify the Court's Scheduling Order; w/request for expedited hearing and/or ruling w/memorandum of law in support, and certificate of service. (sds) (Entered: 06/02/1999)

RESPONSE by deft Com-Star Dist. to motion to modify the Court's Scheduling Order; w/proof of mailing. [46-1] (sds) (Entered: 06/08/1999)

ORDER (2 pgs) by Magistrate Judge Doyle A. Rowland denying plaintiff's motion to modify the Court's Scheduling Order [46-1] (cc: all counsel) (sds) (Entered: 06/09/1999)

CERTIFICATE OF SERVICE by pltf of Pltf EEOC's Notice of Depositions. (sds) (Entered: 06/28/1999)

MOTION by deft Com-Star Dist. to quash subpoenas issued by pltf EEOC on or about June 23, 1999, directed to Mr. Brian Stenger and Mr. Ryan Conley ; w/brief in support, protective notice of depositions, and proof of mailing. (sds) (Entered: 07/08/1999)

LETTER to court from pltf EEOC withdrawing their Notice of Depositions for Bryan Stenger and Ryan Conley. (sds) (Entered: 08/05/1999)

NOTICE by pltf of taking deposition duces tecum of Daniel J. McNeal on 8/16/99 at 9:00 a.m. and Mike Keller of Com-Star Distributing on 8/16/99 at 2:00 p.m. w/exhibit A and cert of svc (gjf) (Entered: 08/10/1999)

PROOF OF SERVICE by 3rd-party pltf Brandi R. Lepper, intervenor 3rd-party pltf Alicia Moore, and intervenor 3rd-party pltf Leonie Adams of Defendant's Third Set of Interrogatories. (sds) (Entered: 09/03/1999)

OPINION AND ORDER (14 pgs) by Senior Judge Wendell A. Miles denying as moot the motion by dft Com-Star to quash subpoenas issued by pltf EEOC on or about June 23, 1999, directed to Mr. Brian Stenger and Mr. Ryan Conley [50-1]; denying the joint motion by the EEOC and third-party intervenor Lepper for leave to amend complaint [21-1]; granting dft Com-Star's motion for summary judgment [20-1]; and dismissing case without prejudice in its entirety (cc: all counsel) [EOD Date 9/27/99] (sds) (Entered: 09/27/1999)