Case: EEOC v. American Superior Feeds, Inc. d/b/a "Bluebonnet Feeds"

5:02-cv-00911 | U.S. District Court for the Western District of Oklahoma

Filed Date: June 28, 2002

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On June 28, 2002, the EEOC brought this suit in the U.S. District Court for the Western District of Oklahoma against American Superior Feeds, Inc. d/b/a Bluebonnet Feeds under the Equal Pay Act. The complaint is unavailable, but court documents indicate that the EEOC alleged that the defendant failed to pay a female manager wages equal to males in violation of the Equal Pay Act.

The case was referred to mediation in November 2002 but did not settle. The defendant filed a motion for summary judgment in March 2003, which was denied in May 2003. The case eventually went to trial in September 2003. After a three-day trial, the jury returned a verdict in favor of the defendant.

Summary Authors

Kevin Wilemon (10/29/2007)

Documents in the Clearinghouse

Document

Docket [PACER]

EEOC v. American Superior Feeds, Inc.

Dec. 11, 2003 Docket

"Highlights of Equal Pay Act Cases"

EEOC v. American Superior Feeds, Inc.

No Court

Jan. 1, 2002 Press Release
20

Order [Re: Motion to Quash Subpoena]

EEOC v. American Superior Feeds, Inc.

Nov. 25, 2002 Order/Opinion
37

Order [Denying Dft's Motion for Summary Judgment]

EEOC v. American Superior Feeds, Inc.

May 14, 2003 Order/Opinion
74

Judgment in a Civil Case

EEOC v. American Superior Feeds, Inc.

Sept. 12, 2003 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (nm) (Entered: 07/01/2002)

June 28, 2002
2

ATTORNEY APPEARANCE for plaintiff EEOC by Michelle M Robertson (nm) (Entered: 07/01/2002)

June 28, 2002
3

ATTORNEY APPEARANCE for plaintiff EEOC by Toby W Costas (cjs) (Entered: 07/05/2002)

July 5, 2002
4

ATTORNEY APPEARANCE for plaintiff EEOC by Suzanne M Anderson (cjs) (Entered: 07/05/2002)

July 5, 2002
5

CERTIFICATE re Rule 11 signed by plaintiff EEOC (cjs) (Entered: 07/05/2002)

July 5, 2002
6

PRAECIPE for and issued 1 summons by plaintiff EEOC (cjs) (Entered: 07/09/2002)

July 8, 2002
7

CERTIFICATE re Rule 11 signed by cnsl for plaintiff EEOC (cjs) (Entered: 07/09/2002)

July 9, 2002
8

RETURN OF SERVICE executed upon defendant American Sup Feeds on 7/10/02 by certified mail (nm) (Entered: 07/15/2002)

July 12, 2002
9

ATTORNEY APPEARANCE for defendant American Sup Feeds by Mike Mordy, Burke Mordy (cjs) (Entered: 07/29/2002)

July 29, 2002
10

CERTIFICATE re Rule 11 signed by cnsl for defendant American Sup Feeds (cjs) (Entered: 07/29/2002)

July 29, 2002
11

ANSWER by defendant American Sup Feeds (cjs) (Entered: 07/29/2002)

July 29, 2002
12

DISCLOSURE Statement filed by defendant American Sup Feeds adding no pty as its parent corporation (cjs) (Entered: 07/29/2002)

July 29, 2002
13

STATUS REPORT by plaintiff EEOC, defendant Amer Superior Feeds; jury trial demanded; est trial time 2 days liab and 1 day damages; bif req - no; possibility of settlement - fair; med req; ptys consent to trial by magistrate judge - no (cjs) (Entered: 08/29/2002)

Aug. 29, 2002
14

JOINT DISCOVERY PLAN by plaintiff EEOC, defendant Amer Superior Feeds (cjs) (Entered: 08/29/2002)

Aug. 29, 2002
15

SCHEDULING ORDER Honorable Ralph G. Thompson ; jury trial set for 5/12/03 ; Discovery set for 4/7/03 ;mtn filing ddl set for 3/7/03 ; pretrial report due 4/7/03 ; status scheduling conference held on 10:40 9/6/02 mtns to join due: w/in 15 days of this order mtns to amend due: w/in 15 days of this order pla's wit lst due: 2/7/03 pla's exh lst due: 2/7/03 dft's wit lst due: 10 days thereafter dft's exh lst due: 10 days thereafter mtns in limine due: 4/7/03 jury instr due: 4/7/03 voir dire requests due: 4/7/03 trial briefs due : 4/7/03 PFofFact & Concl due: 4/7/03 ADR Session Held by Date: 12/31/02 (cc: all counsel), referral to ADR referring matter to Mediator Selection Order Due 11/1/02 (cjs) (Entered: 09/06/2002)

Sept. 6, 2002
16

ORDER, selection order Selection Order satisfied ADR Session to be held on 12/10/02 at 10:0 added Leslie L Conner Jr as Mediator (cc: all counsel) [EOD Date 11/4/02] (cjs) (Entered: 11/04/2002)

Nov. 1, 2002
17

MOTION with brief in support by plaintiff EEOC to quash subpoena , and for protective order (cjs) (Entered: 11/21/2002)

Nov. 21, 2002
18

ENTER ORDER by Honorable Ralph G. Thompson re [17-1], re [17-2] dft is directed to file a response to the mtn to quash subpoena filed by pla. Dft response shall be filed no later than the close of business on Friday, 11/22/02 (cc: all counsel) [EOD Date 11/22/02] (cjs) (Entered: 11/22/2002)

Nov. 21, 2002
19

OBJECTIONS by defendant Amer Superior Feeds to motion to quash subpoena [17-1], motion for protective order [17-2] (cjs) (Entered: 11/25/2002)

Nov. 22, 2002
20

ORDER by Honorable Ralph G. Thompson denying pla's motion to quash subpoena [17-1], denying motion for protective order [17-2] Accordingly, for the foregoing reasons, the Court finds pla's mtn to quash the depo subpoena issued to Mr Hill should be denied. However the depo date (November 26, 2002) is stricken and the ptys shall reset the depo at a mutually convenient date and time (cc: all counsel) [EOD Date 11/26/02] (cjs) (Entered: 11/26/2002)

Nov. 25, 2002
21

ADR REPORT by Mediator terminating party Mediator ADR Session session held. Case did not settle (cjs) (Entered: 12/16/2002)

Dec. 16, 2002
22

JOINT REPORT TO THE COURT ON MEDIATION/NOTICE by plaintiff EEOC, defendant Amer Superior Feeds (cjs) (Entered: 12/17/2002)

Dec. 16, 2002
23

WITNESS list submitted by plaintiff EEOC (cjs) (Entered: 02/07/2003)

Feb. 7, 2003
23

EXHIBIT list by plaintiff EEOC (cjs) (Entered: 02/07/2003)

Feb. 7, 2003
24

EXHIBIT list by defendant Amer Superior Feeds (cjs) (Entered: 02/18/2003)

Feb. 18, 2003
25

MOTION by plaintiff EEOC to extend scheduling order deadlines (cjs) (Entered: 02/28/2003)

Feb. 27, 2003
26

ENTER ORDER by Honorable Ralph G. Thompson re pla's mtn for ext of deadlines [25-1] Dft is directed to file any obj w/in 6 days (cc: all counsel) [EOD Date 3/3/03] (cjs) (Entered: 03/03/2003)

March 3, 2003
27

MOTION and Brief in support by defendant Amer Superior Feeds for summary judgment in their favor (cjs) (Entered: 03/05/2003)

March 5, 2003
29

OBJECTIONS by defendant Amer Superior Feeds to pla's motion to extend scheduling order deadlines [25-1] (cjs) (Entered: 03/07/2003)

March 6, 2003
28

ORDER by Honorable Ralph G. Thompson granting pla's motion to extend scheduling order deadlines [25-1], ; Discovery set for 5/22/03 ; Motion Filing ddl 4/21/03 ; Jury trial 6/23/03 (cc: all counsel) [EOD Date 3/7/03] (cjs) (Entered: 03/07/2003)

March 7, 2003
30

ADDITIONAL WITNESS list submitted by defendant Amer Superior Feeds (cjs) (Entered: 03/11/2003)

March 11, 2003
31

UNOPPOSED MOTION and brief in support by plaintiff EEOC to extend deadline for responding to dft's mtn for sumjgm (cjs) (Entered: 03/19/2003)

March 18, 2003
32

ORDER by Honorable Ralph G. Thompson granting pla's motion to extend deadline for responding to dft's mtn for sumjgm [31-1] time to respond to dft's mtn is enlarged to 4/11/03 (cc: all counsel) [EOD Date 3/19/03] (cjs) (Entered: 03/19/2003)

March 19, 2003
33

RESPONSE and Objection by plaintiff EEOC to dft's motion for summary judgment in their favor [27-1] (cjs) (Entered: 04/14/2003)

April 11, 2003
34

REPLY by defendant Amer Superior Feeds to pla's obj/ response to dft's motion for summary judgment in their favor [27-1] (cjs) (Entered: 04/30/2003)

April 29, 2003
35

APPLICATION/MOTION by defendant Amer Superior Feeds for leave to file already filed reply brief (cjs) (Entered: 05/02/2003)

May 1, 2003
36

ORDER by Honorable Ralph G. Thompson granting motion for dft's leave to file already filed reply brief [35-1] (cc: all counsel) [EOD Date 5/2/03] (cjs) (Entered: 05/02/2003)

May 2, 2003
37

ORDER by Honorable Ralph G. Thompson denying dft's motion for summary judgment in their favor [27-1] Accordingly, based upon the record and construing the facts in the light most favorable to the non-moving pty, the Court finds dft has not demonstrated that it is entitled to sumjgm on the issue of whether its alleged violation of the EPA was willful (cc: all counsel) [EOD Date 5/14/03] (cjs) (Entered: 05/14/2003)

May 14, 2003
38

MOTION by defendant Amer Superior Feeds in limine re certain testimony and exh (cjs) (Entered: 05/15/2003)

May 14, 2003
40

ORDER by Honorable Ralph G. Thompson granting dft's motion to extend time to submit pretrial order [39-1], ; Pretrial report ddl 5/29/03 It is therefore ordered, adjudged and decreed by the Court that the deadline for submitting the final pretrial Order, proposed voir dire and jyinstr is ext until on or before 5/29/03 (cc: all counsel) [EOD Date 5/15/03] (cjs) (Entered: 05/15/2003)

May 15, 2003
41

FIRST MOTION and Brief in support by plaintiff EEOC in limine to exclude testimony of EEOC Fed Investigator Robert Hill (cjs) (Entered: 05/23/2003)

May 22, 2003
42

SECOND MOTION and brief in support by plaintiff EEOC in limine re any and all ref to the fact that Mrs Denison and her husband filed bankruptcy, re Mrs Denison may have been pla in a personal inj accident in 1972, re termination of Mrs Denison emp w/dft (cjs) (Entered: 05/23/2003)

May 22, 2003
43

DEPOSITION DESIGNATIONS/WITNESS list submitted by plaintiff EEOC (cjs) (Entered: 05/27/2003)

May 23, 2003
44

OBJECTIONS by plaintiff EEOC to dft's motion in limine re certain testimony and exh [38-1] (cjs) (Entered: 05/28/2003)

May 27, 2003
45

JURY INSTRUCTIONS submitted by defendant Amer Superior Feeds (cjs) (Entered: 05/29/2003)

May 29, 2003
46

Proposed VOIR DIRE submitted by defendant Amer Superior Feeds (cjs) (Entered: 05/29/2003)

May 29, 2003
47

JURY INSTRUCTIONS submitted by plaintiff EEOC (cjs) (Entered: 05/30/2003)

May 29, 2003
48

Proposed VOIR DIRE submitted by plaintiff EEOC (cjs) (Entered: 05/30/2003)

May 29, 2003
49

JOINT PRE-TRIAL REPORT (cjs) (Entered: 05/30/2003)

May 29, 2003
50

ORDER by Honorable Ralph G. Thompson denying pre-trial order order [49-1] for failure to comply w/mandatory req of local court rules. A revised prop final pretrial order will be filed w/in 10 days of this order (cc: all counsel) [EOD Date 6/2/03] (cjs) (Entered: 06/02/2003)

June 2, 2003
51

ORDER by Honorable Ralph G. Thompson granting pla's second motion in limine re any and all ref to the fact that Mrs Denison and her husband filed bankruptcy, re Mrs Denison may have been pla in a personal inj accident in 1972, re termination of Mrs Denison emp w/dft [42-1] (cc: all counsel) [EOD Date 6/3/03] (cjs) (Entered: 06/03/2003)

June 3, 2003
52

ENTER ORDER by Honorable Ralph G. Thompson re dft's mtn in lim [38-1] Pla has responded to dft's mtn and is ordered to provide the Court with a copy of the documents ref in the exh by 1:00 p.m. on Wednesday, June 4, 2003 (cc: all counsel) [EOD Date 6/3/03] (cjs) (Entered: 06/03/2003)

June 3, 2003
53

ENTER ORDER by Honorable Ralph G. Thompson re pla's first mtn in lim [41-1] dft shall on or before 6/9/03, file a response to pla's first mtn in lim (cc: all counsel) [EOD Date 6/3/03] (cjs) (Entered: 06/03/2003)

June 3, 2003
55

OBJECTIONS by defendant Amer Superior Feeds to pla's first motion in limine to exclude testimony of EEOC Fed Investigator Robert Hill [41-1] (cjs) (Entered: 06/10/2003)

June 9, 2003
56

ORDER by Honorable Ralph G. Thompson granting in part and denying in part dft's motion in limine re certain testimony and exh [38-1] FULLY SET OUT IN ORDER (cc: all counsel) [EOD Date 6/11/03] (cjs) (Entered: 06/11/2003)

June 11, 2003
57

ORDER by Honorable Ralph G. Thompson granting pla's motion in limine to exclude testimony of EEOC Fed Investigator Robert Hill [41-1] (cc: all counsel) [EOD Date 6/11/03] (cjs) (Entered: 06/11/2003)

June 11, 2003
58

AMENDED JOINT PRE-TRIAL REPORT (cjs) (Entered: 06/12/2003)

June 12, 2003
59

ORDER by Honorable Ralph G. Thompson granting pre-trial order order [58-1] (cc: all counsel) [EOD Date 6/16/03] (cjs) (Entered: 06/16/2003)

June 16, 2003
60

ORDER by Honorable Ralph G. Thompson, ; Settlement conf set for 7/16/03 at 9:30 a.m. one copy of each party's settlement conf stmt must be submitted no later than noon on 7/11/03 to Magistrate Judge Robert Bacharach (cc: all counsel) [EOD Date 7/1/03] (cjs) (Entered: 07/01/2003)

July 1, 2003
61

ORDER the Settlement Conference scheduled for 07/16/03 at 9:30 a.m. is stricken and the case is re-set for 07/21/03 at 9:30 a.m., by Magistrate Judge Bob Bacharach, ; (cc: all counsel) [EOD Date 7/2/03] (bf) (Entered: 07/02/2003)

July 2, 2003
62

ORDER by Magistrate Judge Bob Bacharach, ; Settlement conf scheduled for 07/21/03 at 9:30 a.m. is stricken and is re-set for a Settlement Conference 07/23/03 at 9:30 a.m.; The settlement conference statements are due by noon 07/18/03 (cc: all counsel) [EOD Date 7/8/03] (bf) (Entered: 07/08/2003)

July 7, 2003
63

ORDER by Magistrate Judge Bob Bacharach, the Settlement conf was held on July 23, 2003 before Judge Bacharach; the case did not settle; Michelle Robertson & Suzanne Anderson appeared as counsel for Plf & Mike Mordy appeared as counsel for Dft (cc: all counsel) [EOD Date 7/23/03] (kab) (Entered: 07/23/2003)

July 23, 2003
64

ORDER by Honorable Ralph G. Thompson re ptys amd pretrial rpt [58-1] Parties shall immediately review the Brief Statement of the Case set out in this order and notify the court of any obj thereto. (cc: all counsel) [EOD Date 7/25/03] (cjs) (Entered: 07/25/2003)

July 25, 2003
65

RESPONSE to Court Order of 7/25/03 by plaintiff EEOC (cjs) (Entered: 07/28/2003)

July 25, 2003
66

DESIGNATION OF IMPEACHMENT TESTIMONY/NOTICE by defendant Amer Superior Feeds (cjs) (Entered: 08/04/2003)

Aug. 4, 2003
67

OBJECTIONS by defendant Amer Superior Feeds to deposition testimony (cjs) (Entered: 08/04/2003)

Aug. 4, 2003
68

COURTROOM MINUTES: jury trial begin ptys announce ready; jury duly empaneled and admonished; Rule invoked on mtn of pla; pla and dft make opening stmts; pla presents case in chief w/testimony of wit; (cjs) (Entered: 09/11/2003)

Sept. 8, 2003
69

COURTROOM MINUTES: re further jury trial [68-1]; pla continues case in chief; pla rests; dfts mtn for sumjgm - denied; dft presents case in chief w/testimony of wit; (cjs) (Entered: 09/11/2003)

Sept. 9, 2003
70

COURTROOM MINUTES: re further jury trial [68-1]; dft continues case in chief w/testimony of wit; ptys rest; dft renews mtn for sumjgm and is denied; closing arguments; court instructs the jury; bailiff sworn; jury is polled; jury is discharged (cjs) (Entered: 09/11/2003)

Sept. 10, 2003
71

COURT'S EXHIBITS (cjs) (Entered: 09/11/2003)

Sept. 10, 2003
72

INSTRUCTIONS TO THE JURY submitted (cjs) (Entered: 09/11/2003)

Sept. 10, 2003
73

VERDICT for defendant Amer Superior Feeds against plaintiff EEOC (cjs) (Entered: 09/11/2003)

Sept. 10, 2003
74

JUDGMENT: by Honorable Ralph G. Thompson, jury trial end , dismissing case Issues have been tried and on 9/10/03, the jury rendered its verdict in favor of dft on the pla's Equal Pay Act clam (cc: all counsel) (cjs) (Entered: 09/12/2003)

Sept. 12, 2003

BILL OF COSTS submitted by defendant Amer Superior Feeds re findings of fact judgment jury trial end [74-1] (cjs) (Entered: 09/22/2003)

Sept. 22, 2003
75

MOTION and brief in support by defendant Amer Superior Feeds for order for recovery of legal fees (cjs) (Entered: 09/22/2003)

Sept. 22, 2003
76

MOTION and brief in support by defendant Amer Superior Feeds for order for costs (cjs) (Entered: 09/22/2003)

Sept. 22, 2003
77

RESPONSE and OBJECTION by plaintiff EEOC to dft's motion for order for costs [76-1] (cjs) (Entered: 10/07/2003)

Oct. 6, 2003
78

RESPONSE AND OBJECTION by plaintiff EEOC to dft's motion for order for recovery of legal fees [75-1] (cjs) (Entered: 10/07/2003)

Oct. 6, 2003
79

ORDER denying [75] dft's Motion for Order for Recovery of Legal Fees. Signed by Judge Ralph G. Thompson on 10/21/03. (cjs, ) (Entered: 10/21/2003)

Oct. 21, 2003
80

Minute Entry Costs Taxed in amount of $ 607.75 against Equal Employment Opportunity Comm. (cjs, ) (Entered: 10/28/2003)

Oct. 28, 2003
81

MOTION for Order to Review Actions of the Court Clerk on Dft's Bill of Costs by American Superior Feeds Inc. (Attachments: # 1 Exhibit Verfication# 2 Appendix Brief in support# 3 Exhibit Verification# 4 Exhibit Bill of Costs)(cjs, ) (Entered: 11/03/2003)

Nov. 3, 2003
82

RESPONSE in Opposition re 81 dft's MOTION for Order to review court clerk's assessment of costs filed by Equal Employment Opportunity Commission. (cjs, ) (Entered: 11/17/2003)

Nov. 17, 2003
83

ORDER granting in part and denying in part 81 dft's Obj/ Motion for Order. Dft's obj to the Court Clerk's taxation of costs is sustained in part and denied in part. The Court finds that in addition to the $607.75 taxed by the Court Clerk, an additional $2,390.00 should be taxed against pla.. Signed by Judge Ralph G.

Dec. 11, 2003

State / Territory: Oklahoma

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: June 28, 2002

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

American Superior Feeds, Inc., Private Entity/Person

Case Details

Causes of Action:

Equal Pay Act, 29 U.S.C. § 206(d)

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Treatment

Discrimination-area:

Pay / Benefits

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits