Case: EEOC v. Aksarben Nursing Centers, Inc.

EEOC v. Aksarben Nursing

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT: No Summons issued with req for trial by jury (TLS) (Entered: 02/20/1998)

APPLICATION/ORDER by Clerk Adding atty Frank Lopez to practice pro hac vice as to the plf - COPIES MAILED (TLS) (Entered: 02/20/1998)

REQUEST by plaintiff EEOC for trial by jury in Omaha, Nebraska (TLS) (Entered: 02/20/1998)

SUMMONS ISSUED to CT Corporation registered agent for defendant Aksarben Nursing (TLS) (Entered: 04/06/1998)

SUMMONS ISSUED to CT Corporation registered agent for defendant Aksarben Nursing (TLS)

SUMMONS RETURNED EXECUTED upon defendant Aksarben Nursing on 4/17/98 (TLS) (Entered: 04/22/1998)

ANSWER by defendant Aksarben Nursing to complaint [1-1] (TLS) (Entered: 05/07/1998)

SCHEDULING PACKET by Magistrate Judge Thomas D. Thalken - COPIES MAILED (KMG) (Entered: 05/29/1998)

ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE by Magistrate Judge Thomas D. Thalken - deposition ddl set for 1/8/99 - pretrial conference set 10:00 a.m. on 2/8/99 before Magistrate Judge Thomas D. Thalken - jury trial set for 3/1/99 - COPIES MAILED (KMG) (Entered: 06/26/1998)

ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE by Magistrate Judge Thomas D. Thalken - deposition ddl set for 1/8/99 - pretrial conference set 10:00 a.m. on 2/8/99 before Magistrate Judge Thomas D. Thalken - jury trial set for 3/1/99 - COPIES MAILED (KMG) (Entered: 06/26/1998)

RULE 26(f) PLANNING REPORT (KMG) (Entered: 06/26/1998)

NOTICE by defendant Aksarben Nursing of serving dft's rule 26(a)(1) disclosures (ICMSUSER) Modified on 07/20/1998 (Entered: 07/17/1998)

NOTICE by plaintiff EEOC of serving rule 26(a)(1) disclosures upon the dft (TLS) (Entered: 07/20/1998)

NOTICE by plaintiff EEOC of Serving Plf's First Set of Interrogatories and Requests for Production of Documents (ICMSUSER) (Entered: 08/17/1998)

NOTICE by defendant Aksarben Nursing of serving ans to plf's interrogs and dft's responses to plf's request for production of docs. (ETC) (Entered: 09/29/1998)

TRIAL ORDER by Judge Thomas M. Shanahan - jury trial set for 3/1/99 - COPIES MAILED (KMG) (Entered: 12/03/1998)

STIPULATED MOTION by plaintiff EEOC and defendant Aksarben Nursing to amend order setting schedule for progression of case (TLS) (Entered: 12/17/1998)

AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE by Magistrate Judge Thomas D. Thalken - deposition ddl set for 3/15/99 - pretrial conference set 3:30 4/12/99 before Magistrate Judge Thomas D. Thalken - jury trial set for 5/1/99 granting motion to amend order setting schedule for progression of case [14-1] - COPIES MAILED (TLS) Modified on 12/17/1998 (Entered: 12/17/1998)

MOTION by plaintiff EEOC to set status conf (TLS) (Entered: 02/01/1999)

NOTICE by plaintiff EEOC of taking deposition of Tamara Nields, Paul Diamond, Mark Anderson, Marilyn Bowens, Brandi Richards and Kim Nichols on 2/4/99 (TLS) (Entered: 02/01/1999)

NOTICE by plaintiff EEOC of serving request for admissions upon the dft (TLS) (Entered: 02/01/1999)

SECOND AMENDED ORDER SETTING SCHEDULE FOR PROGRESSION OF CASE by Magistrate Judge Thomas D. Thalken - jury trial set for 6/1/99 - pretrial conference set for 9:00 on 5/12/99 before Magistrate Thomas D. Thalken - deposition ddl set for 4/15/99; granting motion to set status conf [16-1] - COPIES MAILED (ETC) (Entered: 02/08/1999)

MOTION by defendant Aksarben Nursing's attys to withdraw attorneys Christopher Hoyme and Donna Colley ; with attachments (Attachments separate in folder) (JLS) Modified on 03/01/1999 (Entered: 03/01/1999)

NOTICE by plaintiff EEOC of taking deposition of Aksarben Nursing Center on 3/8/99 (TLS) (Entered: 03/01/1999)

ORDER by Magistrate Judge Thomas D. Thalken granting motion to withdraw attorneys Christopher Hoyme and Donna Colley [20-1] for Aksarben Nursing, Pursuant to NELR 76.1(a) this case is referred to the United States Bankruptcy Court for the District of Nebraska, this case shall be terminated for statiscal purposes by the Clerk of the Court for the District of Nebraska and the Clerk of the Court shall deliver the court file to the Clerk of the Bankruptcy Court - COPIES MAILED (TLS) (Entered: 03/02/1999)

COPY OF LETTER TRANSMITTING ORIGINAL DOCUMENTS to USBK-NE (TLS) (Entered: 03/02/1999)

NOTICE by Berens & Tate Law Firm of w/drawing as attys for the defendant Aksarben Nursing (TLS) (Entered: 03/05/1999)

REPORT AND RECOMMENDATION by Timothy Mahoney that the reference of this adversary proceeding and civil action be withdrawn to the USDC for further proceeding (JLS) (Entered: 04/27/1999)

ORDER by Judge Thomas M. Shanahan RECOMMENDATION by Timothy Mahoney that the reference of this adversary proceeding and civil action be withdrawn to the USDC for further proceeding [25-1] is adopted and this action is referred to the United States District Court for the District of Nebraska - COPIES MAILED (TLS) (Entered: 05/12/1999)

ORDER by Magistrate Judge Thomas D. Thalken that the dft shall have to 6/30/99 in which to inform the court of substitute cnsl or if they shall be proceeding pro se. Clerk shall mail a copy of this order to Raymond Tutwiler - COPIES MAILED as directed (TLS) (Entered: 06/15/1999)

TRIAL ORDER by Judge Thomas M. Shanahan - jury trial set for 11/1/99 - COPIES MAILED (KMG) (Entered: 07/15/1999)

ORDER by Magistrate Judge Thomas D. Thalken this matter is before the court sua sponte jury trial set for 9/7/99 - pretrial conference set for 10:00 8/16/99 and the Clerk shall mail a copy of this order to the dft c/o Raymond Tutwiler - COPIES MAILED as directed [EOD Date 7/16/99] (TLS) (Entered: 07/16/1999)

MOTION by plaintiff EEOC for summary judgment (TLS) (Entered: 08/04/1999)

STATEMENT of Undisputed Facts by plaintiff EEOC (TLS) (Entered: 08/04/1999)

ORDER by Magistrate Judge Thomas D. Thalken on the court's own mtn pretrial conference is rescheduled to 10:00 9/23/99 - COPIES MAILED [EOD Date 8/12/99] (TLS) (Entered: 08/12/1999)

MINUTES: before Magistrate Judge Thomas D. Thalken - Court Reporter: electronic recorder; hearing on pretrial conference; dft failed to appear; written order forthcoming (MBB) (Entered: 09/23/1999)

EXHIBIT LIST from hearing held on 9/23/99 (MBB) (Entered: 09/23/1999)

ORDER by Magistrate Judge Thomas D. Thalken dft shall show cause by 10/4/99 why dflt jgm should not be entered against him, and the clerk shall mail a copy of this order to the dft, Aksarben Nursing Centers - COPIES MAILED as directed [EOD Date 9/24/99] (TLS) Modified on 09/24/1999 (Entered: 09/24/1999)

REPORT AND RECOMMENDATION by Magistrate Judge Thomas D. Thalken that dft jgm should be entered against the dft for failure to appear at the scheduled PTC of 9/23/99 - COPIES MAILED (TLS) (Entered: 10/12/1999)

MEMORANDUM AND ORDER: by Judge Thomas M. Shanahan adopting in its entirety the REPORT AND RECOMMENDATION by Magistrate Judge Thomas D. Thalken of 9/23/99 [36-1]; dflt is entered against the dft, Aksarben Nursing Centers, Inc. d/b/a Aksarben Manor; that the issue of the relief to be granted is referred to Magistrate Judge Thomas D. Thalken for findings and recommendations; that plf's motion for summary judgment [30-1]is denied moot. - COPIES MAILED [EOD Date 12/6/99] (JAE) (Entered: 12/06/1999)

ORDER by Magistrate Judge Thomas D. Thalken regarding Memo and Order [37-1]; Evidentiary hrg on the determination of damages for the entry of jgm is set for 2:00 on 1/18/00 - COPIES MAILED [EOD Date 12/9/99] (ICMSUSER) (Entered: 12/09/1999)

MINUTES: before Magistrate Judge Thomas D. Thalken - Court Reporter: electronic recorder; damages hearing held on 01/18/00; evidence by plf; clerk to order transcript; Report and Recommendation forthcoming (MBB) (Entered: 01/19/2000)

WITNESS LIST from hearing held on 1/18/00 (MBB) (Entered: 01/19/2000)

EXHIBIT LIST from hearing held on 1/18/00 (MBB) (Entered: 01/19/2000)

TRANSCRIPT of proceedings for the following date: 1/18/00 (Re: Hrg on damages) - number of pages: 63 - Original in separate folder (TLS) (Entered: 02/02/2000)

REPORT AND RECOMMENDATION by Magistrate Judge Thomas D. Thalken that Patricia Knight be awarded the sum of $15,000.00 in back pay pursuant to 42 USC 2000e-5(g)(1), against the dft, Patricia Knight be awarded compensatory and punitive damages in the sum of $50,000 pursuant to 48 USC 1981a, against the dft, the dft be enjoined from future acts of discrimination and Patricia Kinght be awarded postjgm interest at the interest rate as of the date of jgm provided in 28 USC 1961 against the dft - COPIES MAILED (TLS) (Entered: 02/14/2000)

MEMORANDUM AND ORDER: by Judge Thomas M. Shanahan that the REPORT AND RECOMMENDATION by Magistrate Judge Thomas D. Thalken [43-1] is adopted on all matters not inconsistent with this memorandum and order; that jgm will be entered for the plf, EEOC, and against the dft, Aksarben Nursing Centers, on the plf's cmp as follows: the court awards Patricia Knight compensatory damages in the sum of $50,000 against the dft; the court awards Patricia Knight back pay in the sum of $15,000 against the dft; the court permanently enjoins the dft, its officers, and employees from maintaining any policy, practice, rule,. regulation, or custom that violates the prohibition against intentional racial discrimination contained in Title VII of the Civil Rights Act of 1964; and the Court awards Patricia Knight postjudgment interest on the sum of $65,000 (the total jgm) and prejudgment interest on the sum of $15,000 (the backpay award); and a separate jgm will be entered against the dft, Aksarban Nursing Centers, Inc. - COPIES MAILED [EOD Date 3/20/00] (DKM) (Entered: 03/20/2000)

JUDGMENT by Judge Thomas M. Shanahan that the court awards Patricia Knight compensatory damages in the sum of $50,000 against the dft; the court awards Patricia Knight back pay in the amount of $15,000, against the dft; The court permanently enjoins the dft, its officers, and employees from maintaining any policy, rule, regulation, or custom that violates the prohibition against intentional racial discrimination contained in Title VII of the Civil Rights Act of 1964; the court awards Patricia Knight postjgm interest in the sum of $65,000 and prejgm interest on the sum of $15,000 - COPIES MAILED [EOD Date 3/20/00] (DKM) (Entered: 03/20/2000)

MAIL Returned [45-1], [45-2], [44-1] addressed to defendant Aksarben Nursing; REMAILED to 3 Danada SQ E, Wheaton, IL 60187-8484 (ICMSUSER) (Entered: 03/30/2000)

NOTICE by Clerk of intent to destroy exhibits - COPIES MAILED (KMG) (Entered: 06/21/2000)

COURT'S EXHIBIT #1 from 9/23/1999 Hearing DESTROYED on 6/21/2000 by Clerk of Court (KMG) (Entered: 06/21/2000)

COURT'S EXHIBIT #1 from 9/23/1999 Hearing DESTROYED on 6/21/2000 by Clerk of Court (KMG)

PLF'S EXHIBITS DESTROYED on 7/17/2000 by Clerk of Court (KMG) (Entered: 07/17/2000)

PLF'S EXHIBITS DESTROYED on 7/17/2000 by Clerk of Court (KMG)