Case: EEOC v. ROADWAY EXPRESS

EEOC v. Roadway Express, Inc.

EEOC v. Roadway Express, Inc.

EEOC v. Roadway Express, Inc.

EEOC v. Roadway Express, Inc.

EEOC v. Railway Express, Inc.

EEOC v. Railway Express, Inc.

EEOC v. Railway Express, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed by Equal Employment Opportunity Commission; Jury Demand.(vmj, ) (Entered: 09/08/2006)

CIVIL Cover Sheet (vmj, ) (Entered: 09/08/2006)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Gregory M. Gochanour (vmj, ) (Entered: 09/08/2006)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Richard John Mrizek (vmj, ) (Entered: 09/08/2006)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by John C. Hendrickson (vmj, ) (Entered: 09/08/2006)

MINUTE entry before Judge Ronald A. Guzman : Status hearing set for 11/14/2006 at 09:30 AM. The Court orders the parties to appear for an initial appearance and status hearing. All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov.Mailed notice (jms, ) (Entered: 09/15/2006)

WAIVER OF SERVICE returned executed by Equal Employment Opportunity Commission. Roadway Express, Inc. waiver sent on 9/6/2006, answer due 11/6/2006. (Mrizek, Richard) (Entered: 09/19/2006)

MINUTE entry before Judge Ronald A. Guzman : Status hearing set for 11/14/06 is reset to 11/29/2006 at 09:30 AM. on request of parties. Mailed notice (cjg, ) (Entered: 10/25/2006)

ATTORNEY Appearance for Defendant Roadway Express, Inc. by Sari M. Alamuddin (Alamuddin, Sari) (Entered: 11/03/2006)

ANSWER to Complaint by Roadway Express, Inc.(Alamuddin, Sari) (Entered: 11/03/2006)

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Roadway Express, Inc. by Joyce E Taber; Order entered granting leave by Judge Ronald A. Guzman. Filing fee $ 100 paid, receipt number 10644561 (eav, ) (Entered: 11/09/2006)

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Roadway Express, Inc. by Grace E. Speights; Order entered granting leave by Judge Ronald A. Guzman. Filing fee $ 100 paid, receipt number 10644561 (eav, ) (Entered: 11/09/2006)

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Roadway Express, Inc. by Gregory R. Talbot; Order entered granting leave by Judge Ronald A. Guzman. Filing fee $ 100 paid, receipt number 10644561 (eav, ) (Entered: 11/09/2006)

MOTION to intervene (Attachments: # 1)(Taren, Jeffrey) (Entered: 11/08/2006)

NOTICE of Motion by Jeffrey Lynn Taren for presentment of motion to intervene 11 before Honorable Ronald A. Guzman on 11/30/2006 at 09:30 AM. (Taren, Jeffrey) (Entered: 11/08/2006)

ATTORNEY Appearance for Intervenor Plaintiff Kenneth Comer by Jeffrey Lynn Taren (Taren, Jeffrey) (Entered: 11/08/2006)

ATTORNEY Appearance for Intervenor Plaintiff Kenneth Comer by Jeffrey Lynn Taren (Taren, Jeffrey) (Entered: 11/08/2006)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Ethan M.M. Cohen (Cohen, Ethan) (Entered: 11/14/2006)

ATTORNEY Appearance for Intervenor Plaintiff Kenneth Comer by Joanne Kinoy (Kinoy, Joanne) (Entered: 11/21/2006)

REPORT of Rule 26(f) Planning Meeting by Equal Employment Opportunity Commission (Mrizek, Richard) (Entered: 11/27/2006)

MINUTE entry before Judge Ronald A. Guzman : Status hearing set for 11/29/06 is reset to 12/1/2006 at 09:30 AM. on Court's own motion. Mailed notice (cjg, ) (Entered: 11/28/2006)

ATTORNEY Appearance for Defendant Roadway Express, Inc. by Grace E. Speights (Speights, Grace) (Entered: 11/29/2006)

ATTORNEY Appearance for Defendant Roadway Express, Inc. by Gregory R. Talbot (Talbot, Gregory) (Entered: 11/29/2006)

ATTORNEY Appearance for Defendant Roadway Express, Inc. by Joyce E Taber (Taber, Joyce) (Entered: 11/29/2006)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Magistrate Judge Nan R. Nolan for the purpose of holding proceedings related to settlement conference.(cjg, )Mailed notice. (Entered: 12/01/2006)

MINUTE entry before Judge Ronald A. Guzman : Status hearing held on 12/1/2006. Motion to intervene by Kenneth Comer 11 is granted. Intervenor to answre or otherwise plead on or before 12/22/06. Count adopts proposed discovery schedule Rule 26 disclosures by 12/15/06. Amendment of pleadings and joinder of parties by 1/8/07. Plaintiff's expert disclosed by 1/31/07. Defendant's experts disclosed by 8/30/07. Plaintiff's rebuttal experts disclosed by 9/30/07. All expert discovery shall be completed by 10/15/07. Dispositive motions to be filed by 11/15/07. Status hearing st for 7/9/07 at 9:30 a.m. Party Kenneth Comer added. Mailed notice (eav, ) (Entered: 12/04/2006)

INTERVENOR complaint filed by Kenneth Comer against Roadway Express, Inc.(Taren, Jeffrey) (Entered: 12/04/2006)

MINUTE entry before Judge Nan R. Nolan : Initial status hearing set for 12/13/2006 at 09:00 AM. before Magistrate Judge Nolan in courtroom 1858 for the purpose of scheduling a settlement conference. Parties shall deliver a copy of an initial status report to chambers, room 1870, at least three business days before the initial status hearing. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. Magistrate Judge Nolan requires compliance with the enclosed standing order before conducting a settlement conference. Parties are to bring dates when both clients and counsel will be available for a settlement conference, which regularly begin at 10:30 a.m. or 1:30 p.m. For further details visit the Court's website at www.ilnd.uscourts.gov. Mailed notice (lxs, ) (Entered: 12/05/2006)

CERTIFICATE of Service by Jeffrey Lynn Taren on behalf of Kenneth Comer regarding intervenor complaint 27 (Taren, Jeffrey) (Entered: 12/06/2006)

STATUS Report Joint Status Report by Kenneth Comer (Attachments: # 1 Exhibit A: EEOC Complaint# 2 Exhibit B: Comer Complaint in Intervention# 3 Exhibit C: Roadway Answer to Complaint# 4 Exhibit D: Rule 26 Discovery)(Taren, Jeffrey) (Entered: 12/07/2006)

MINUTE entry before Judge Nan R. Nolan : Magistrate Judge Status hearing held on 12/13/2006. Settlement Conference set for 1/25/2007 at 10:00 AM. Parties are reminded that Magistrate Judge Nolan requires compliance with her Standing Order Setting Settlement Conference, which is available on the court's website at www.ilnd.uscourts.gov. Mailed notice (lxs, ) (Entered: 12/14/2006)

JOINT CONSENT by Equal Employment Opportunity Commission, Kenneth Comer, Roadway Express, Inc. to Exercise of Jurisdiction by a United States Magistrate Judge (eav, ) (Entered: 12/22/2006)

EXECUTIVE COMMITTEE ORDER: Case reassigned to Magistrate Judge Nan R. Nolan from Judge Ronald A. Guzman pursuant to Local Rule 73.1 for all further proceedings. Signed by Chief Judge James F. Holderman, Executive Committee on 12/20/06. (eav, ) (Entered: 12/22/2006)

ANSWER to Intervenor Complaint by Roadway Express, Inc.(Talbot, Gregory) (Entered: 12/22/2006)

Corporate Disclosure STATEMENT by Roadway Express, Inc. (Talbot, Gregory) (Entered: 12/22/2006)

MINUTE entry before Judge Nan R. Nolan :Settlement conference held on 1/25/2007 and continued to 3/12/2007 at 10:00 AM.Mailed notice (lxs, ) (Entered: 01/25/2007)

NOTICE of Voluntary Dismissal by Kenneth Comer (Taren, Jeffrey) (Entered: 03/07/2007)

MINUTE entry before Judge Nan R. Nolan :At counsel's request, Settlement Conference set for 03/12/07 is stricken and reset to 5/9/07 at 10:30 AM. Prior to the settlement conference, counsel shall review the following Seventh Circuit cases which discuss the retention of federal jurisdiction to enforce the terms of a settlement agreement: Blue Cross and Blue Shield Ass'n v. American Express Co., 467 F.3d 634 (7th Cir. 2006) and Shapo v. Engle, 463 F.3d 641 (7th Cir. 2006). Parties are reminded that Magistrate Judge Nolan requires compliance with her Standing Order Setting Settlement Conference, which is available on the courts website at www.ilnd.uscourts.gov.Mailed notice (lxs, ) (Entered: 03/13/2007)

MINUTE entry before Judge Nan R. Nolan :Status hearing set for 3/29/2007 at 09:00 AM.Telephoned notice (lxs, ) (Entered: 03/28/2007)

MINUTE entry before Judge Nan R. Nolan :Status hearing held. Plaintiff-Intervener Kenneth Comer's Stipulation to voluntarily dismiss complaint in intervention 37 is granted. Plaintiff-Intervener Kenneth Comer is hereby dismissed as a party in this civil action. Entered Agreed Order. The Clerk's Office is hereby directed to reinstate this case. Case reopened. (cem, ) (Entered: 04/02/2007)

AGREED ORDER Signed by Judge Nan R. Nolan on 3/29/2007.(cem, ) (Entered: 04/02/2007)

MOTION to intervene (Attachments: # 1)(Taren, Jeffrey) (Entered: 04/03/2007)

NOTICE of Motion by Jeffrey Lynn Taren for presentment of motion to intervene 42 before Honorable Nan R. Nolan on 4/10/2007 at 09:00 AM. (Taren, Jeffrey) (Entered: 04/03/2007)

ATTORNEY Appearance for Intervenor Plaintiffs William Bandy, Toby Lee, LuShawn Smith, Mark Williams, Clarence Stokes, Fred Thompson, Clarence Royster, Cleophus Marshall, Plaintiffs Antawon Marshall, Nerville Cox by Jeffrey Lynn Taren (Taren, Jeffrey) (Entered: 04/03/2007)

ATTORNEY Appearance for Intervenor Plaintiffs William Bandy, Toby Lee, LuShawn Smith, Mark Williams, Clarence Stokes, Fred Thompson, Clarence Royster, Cleophus Marshall by Miriam N. Geraghty (Geraghty, Miriam) (Entered: 04/03/2007)

ATTORNEY Appearance for Intervenor Plaintiffs William Bandy, Toby Lee, LuShawn Smith, Mark Williams, Clarence Stokes, Fred Thompson, Clarence Royster, Cleophus Marshall, Plaintiffs Antawon Marshall, Nerville Cox by Joanne Kinoy (Kinoy, Joanne) (Entered: 04/03/2007)

MINUTE entry before Judge Nan R. Nolan :Motion hearing held. Putative Plaintiffs' Motion for Leave to Intervene 42 is granted. Settlement conference set for 05/09/07 is stricken.Status hearing set for 5/31/2007 at 09:30 AM.Mailed notice (lxs, ) (Entered: 04/10/2007)

INTERVENOR complaint filed by William Bandy, Toby Lee, LuShawn Smith, Mark Williams, Clarence Stokes, Fred Thompson, Clarence Royster, Antawon Marshall, Nerville Cox, Cleophus Marshall against Roadway Express, Inc.(Taren, Jeffrey) (Entered: 04/10/2007)

CERTIFICATE of Service and Notice of Filing by Jeffrey Lynn Taren on behalf of William Bandy, Toby Lee, LuShawn Smith, Mark Williams, Clarence Stokes, Fred Thompson, Clarence Royster, Antawon Marshall, Nerville Cox, Cleophus Marshall regarding intervenor complaint 48 (Taren, Jeffrey) (Entered: 04/10/2007)

MINUTE entry before Judge Nan R. Nolan :Minute order dated 04/10/07 (docket entry 47 ) is amended as follows: Motion hearing held. Putative Plaintiffs' Motion for Leave to Intervene 42 is granted. Defendant's Answer to Interveners' Complaint is due by 05/01/07. Reply brief is due by 05/22/07. Defendant's Motion to Dismiss is due by 05/01/07. Response is due by 05/22/07. Reply brief is due by 06/05/07. Settlement conference set for 05/09/07 is stricken. Status hearing set for 05/31/07 at 9:30 a.m.Mailed notice (lxs, ) (Entered: 04/25/2007)

ANSWER to Intervenor Complaint by Roadway Express, Inc.(Speights, Grace) (Entered: 05/01/2007)

MOTION by Defendant Roadway Express, Inc. to dismiss In Part Intervening-Plaintiffs' Class Complaint (Speights, Grace) (Entered: 05/01/2007)

MEMORANDUM by Roadway Express, Inc. in support of motion to dismiss 52 in Part Intervening-Plaintiffs' Class Complaint (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Speights, Grace) (Entered: 05/01/2007)

MOTION by Intervenor Plaintiffs William Bandy, Toby Lee, LuShawn Smith, Mark Williams, Clarence Stokes, Fred Thompson, Clarence Royster, Cleophus Marshall, Plaintiffs Antawon Marshall, Nerville Cox for extension of time to file response/reply as to motion to dismiss 52 Unopposed (Taren, Jeffrey) (Entered: 05/17/2007)

Unopposed NOTICE of Motion by Jeffrey Lynn Taren for presentment of motion for extension of time to file response/reply, motion for relief,, 54 before Honorable Nan R. Nolan on 5/22/2007 at 09:00 AM. (Taren, Jeffrey) (Entered: 05/17/2007)

MINUTE entry before Judge Nan R. Nolan :Intervening Plaintiffs' Unopposed Motion for Extension of Time to File Memorandum in Opposition to Partial Motion to Dismiss 54 is granted. Motion hearing date set for 05/22/07 is stricken. Status hearing set for 05/31/07 at 9:30 a.m. to stand. Mailed notice (lxs, ) (Entered: 05/22/2007)

RESPONSE by William Bandy, Toby Lee, LuShawn Smith, Mark Williams, Clarence Stokes, Fred Thompson, Clarence Royster, Antawon Marshall, Nerville Cox, Cleophus Marshallin Opposition to MOTION by Defendant Roadway Express, Inc. to dismiss In Part Intervening-Plaintiffs' Class Complaint 52 (Taren, Jeffrey) (Entered: 05/29/2007)

MINUTE entry before Judge Nan R. Nolan :Magistrate Judge Status hearing held on 5/31/2007 and continued to 7/18/2007 at 09:30 AM. Intervenor's sur-reply to Defendant's Motion to Dismiss 52 is due by 06/20/07.Mailed notice (lxs, ) (Entered: 06/05/2007)

REPLY memorandum by defendant Roadway Express, Inc. in support of its motion in part intervening-plaintiffs' class complaint 57 (Attachments: # 1 Text of Proposed Order)(Speights, Grace) Modified on 6/15/2007 (smm). (Entered: 06/12/2007)

SUR-REPLY by Intervenor Plaintiffs William Bandy, Toby Lee, LuShawn Smith, Mark Williams, Clarence Stokes, Fred Thompson, Clarence Royster, Cleophus Marshall, Plaintiffs Antawon Marshall, Nerville Cox to motion to dismiss 52 (Taren, Jeffrey) (Entered: 06/20/2007)

MINUTE entry before Judge Nan R. Nolan :Status hearing set for 07/18/2007 is stricken and reset to 7/17/2007 at 09:30 AM.Mailed notice (lxs, ) (Entered: 06/26/2007)

MINUTE entry before Judge Nan R. Nolan :Magistrate Judge Status hearing held on 7/17/2007 and continued to 8/28/2007 at 09:45 AM.Mailed notice (lxs, ) (Entered: 07/18/2007)

MINUTE entry before Judge Nan R. Nolan :For the reasons stated in the Memorandum Opinion and Order entered this day, Roadways Motion to Dismiss in Part Intervening-Plaintiffs Class Complaint 52 is granted in part and denied in part.Mailed notice (lxs, ) Additional attachment(s) added on 7/31/2007 (lxs, ). (Entered: 07/31/2007)

MEMORANDUM Opinion and Order Signed by Judge Nan R. Nolan on 7/31/2007.Mailed notice(lxs, )

JOINT CONSENT by William Bandy, Toby Lee, LuShawn Smith, Mark Williams, Clarence Stokes, Fred Thompson, Clarence Royster, Antawon Marshall, Nerville Cox, Cleophus Marshall to Exercise of Jurisdiction by a United States Magistrate Judge (Taren, Jeffrey) (Entered: 08/08/2007)

AMENDED ANSWER to Intervenor Complaint by Roadway Express, Inc.(Speights, Grace) (Entered: 08/14/2007)

EXECUTIVE COMMITTEE ORDER: Case reassigned to Judge Susan E. Cox for all further proceedings. (See order for details). Signed by Judge Executive Committee on 8/27/07. Mailed notice (emd, ) (Entered: 08/29/2007)

MINUTE entry before Judge Nan R. Nolan :Magistrate Judge Status hearing held on 8/28/2007. Counsel advised parties discussing possibly proceeding with discovery or settlement talks.Mailed notice (lxs, ) (Entered: 08/30/2007)

MINUTE entry before Judge Susan E. Cox : Initial status hearing set for 10/24/07 at 9:30 a.m. in Courtroom 1342. The parties are directed to review and to comply with Judge Cox's Order Setting Initial Status Report for Cases Assigned to Judge Cox. Copies are available in chambers or through Judge Cox's web page at www.ilnd.uscourts.gov. Mailed notice (vkd, ) (Entered: 09/04/2007)

Initial Status Report by Equal Employment Opportunity Commission on behalf of all parties (Attachments: # 1 Notice of Filing)(Cohen, Ethan) (Entered: 10/19/2007)

MINUTE entry before Judge Susan E. Cox :Status hearing held. The Parties have retained a mediator and have scheduled mediation sessions. Informal discovery is being exchanged. The Parties have agreed to stay discovery pending mediation. Status hearing set for 12/12/07 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 10/24/2007)

MINUTE entry before Judge Susan E. Cox :Magistrate Judge Status hearing held and continued to 1/29/2008 at 09:30 AM to set a discovery schsedule.Advised in open court (jms, ) (Entered: 12/12/2007)

MINUTE entry before Judge Susan E. Cox :Magistrate Judge Status hearing held. The parties are to submit a joint proposed discovery schedule.Advised in open court (jms, ) (Entered: 01/29/2008)

MINUTE entry before Judge Susan E. Cox :Enter agreed scheduling order. All fact discovery shall be completed by 1/30/08. All plaintiffs shall comply with FRCP 26(a)(2) by 3/16/08. Depositions of plaintiffs' experts shall be completed by 4/30/08. Defendants shall comply with FRCP 26(a)(2) by 6/15/08. Depositions of defendants' experts shall be completed by 7/30/08. Rebuttal expert opinions shall be disclosed by 8/31/08. All expert discovery shall be completed by 9/30/08. All motions for class certification and supporting memoranda shall be filed by 3/16/2008. Response shall be filed by 6/15/2008. Reply is due by 8/31/2008. Any Daubert motions and supporting memoranda shall be filed by 10/30/08.Mailed notice (smm) (Entered: 02/11/2008)

AGREED Scheduling ORDER Signed by Judge Susan E. Cox on 2/7/2008.(smm) (Entered: 02/11/2008)

ATTORNEY Appearance for Plaintiff Equal Employment Opportunity Commission by Deborah Lois Hamilton (Hamilton, Deborah) (Entered: 03/27/2008)

MINUTE entry before the Honorable Susan E. Cox: This Court's order of 2/7/08 is stricken. Status hearing set for 6/9/08 at 9:30 a.m. Scheduling order is entered as follows: All fact discovery shall be completed by 1/30/09. All plaintiffs shall comply with FRCP 26(a)(2) by 3/16/09. Depositions of plaintiffs' experts shall be completed by 4/30/09. Defendants shall comply with FRCP 26(a)(2) by 6/15/09. Depositions of defendants' experts shall be completed by 7/30/09. Rebuttal expert opinions shall be disclosed by 8/31/09. All expert discovery shall be completed by 9/30/09. All motions for class certification and supporting memoranda shall be filed by 3/16/09. Response shall be filed by 6/15/09. Reply is due by 8/31/09. Any Daubert motions and supporting memoranda shall be filed by 10/30/09. Mailed notice (vkd, ) (Entered: 03/31/2008)

ATTORNEY Appearance for Defendant Roadway Express, Inc. by Lexer I. Quamie. (smm) (Entered: 04/24/2008)

APPLICATION for Leave to Appear Pro Hac Vice on behalf of Roadway Express, Inc. by Lexer I. Quamie; Order entered granting leave by Judge Honorable Susan E. Cox. Filing fee $ 50.00 paid, receipt number 4624001112. (smm) (Entered: 05/13/2008)

MINUTE entry before the Honorable Susan E. Cox: On the Court's own motion, status hearing set for 6/9/08 at 9:30 a.m. is stricken. Status hearing reset to 6/19/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 06/09/2008)

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Parties advised the Court of their progress in discovery. Parties to submit their agreed protective order to this Court's proposed order box. Status hearing set for 9/22/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 06/20/2008)

MINUTE entry before the Honorable Susan E. Cox: Enter Agreed Protective Order. Mailed notice (vkd, ) (Entered: 06/30/2008)

AGREED PROTECTIVE Order. Signed by the Honorable Susan E. Cox on 6/30/08:(vkd, ) (Entered: 06/30/2008)

NOTICE by Ethan M.M. Cohen of Change of Address (Cohen, Ethan) (Entered: 07/16/2008)

MINUTE entry before the Honorable Susan E. Cox: Status hearing held 9/22/08. The Court was advised of the status of discovery. The Parties are urged to bring potential discovery disputes to the Court's attention as soon as possible. Status hearing set for 10/23/08 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 09/22/2008)

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. The Court was advised of the progress of discovery. Status hearing set for 12/4/08 at 9:30 a.m. for a discussion of the deposition scheduling. Mailed notice (vkd, ) (Entered: 10/23/2008)

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Joint oral motion for extension of the discovery schedule is granted. Scheduling order is entered as follows: All fact discovery shall be completed by 3/31/09. All plaintiffs shall comply with FRCP 26(a)(2) by 5/15/09. Depositions of plaintiffs' experts shall be completed by 6/30/09. Defendants shall comply with FRCP 26(a)(2) by 8/17/09. Depositions of defendants' experts shall be completed by 9/30/09. Rebuttal expert opinions shall be disclosed by 10/30/09. All expert discovery shall be completed by 11/30/09. All motions for class certification and supporting memoranda shall be filed by 5/18/09. Response shall be filed by 8/20/09. Reply is due by 10/30/09. Any Daubert motions and supporting memoranda shall be filed by 12/31/09. Status hearing set for 4/7/09 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 12/04/2008)

MINUTE entry before the Honorable Susan E. Cox: The discovery schedule entered 12/4/08 is vacated. Enter Amended Agreed Scheduling Order. All fact discovery will be completed by 6/30/09. Plaintiff and Intervening-Plaintiffs will designate expert witnesses and provide the disclosure required pursuant to Fed. R. Civ. P. 26(a)(2), and Intervening-Plaintiffs will submit their motion for class certification pursuant to Fed. R. Civ. P. 23 by 8/14/09. Defendant will take the depositions of Plaintiff and Intervening-Plaintiffs' experts by 9/28/09. Defendant will designate expert witnesses, provide the disclosure required pursuant to Fed. R. Civ. P. 26(a)(2), and file its opposition to Intervening- Plaintiffs' motion for class certification by 11/12/09. Plaintiff and the Intervening-Plaintiffs will take the deposition of Defendant's expert witnesses by 12/28/09. Plaintiff and the Intervening-Plaintiffs will disclose any expert rebuttal opinions, and Intervening-Plaintiffs will file their reply to Defendant's opposition to the motion for class certification, by 1/27/10. Defendant will take the deposition of Plaintiff and Intervening-Plaintiffs experts related to the rebuttal expert reports by 2/26/10. The parties shall file any Daubert motions and dispositive motions by 3/29/10. Status hearing set for 4/7/09 at 9:30 a.m. to stand. Mailed notice (vkd, ) (Entered: 12/09/2008)

AMENDED AGREED SCHEDULING ORDER. Signed by the Honorable Susan E. Cox on 12/9/08.(vkd, ) (Entered: 12/09/2008)

MOTION by Plaintiff Equal Employment Opportunity Commission to consolidate cases Agreed (Attachments: # 1 Exhibit A)(Mrizek, Richard) (Entered: 12/31/2008)

NOTICE of Motion by Richard John Mrizek for presentment of motion to consolidate cases 90 before Honorable Susan E. Cox on 1/8/2009 at 09:30 AM. (Mrizek, Richard) (Entered: 12/31/2008)

MINUTE entry before the Honorable Susan E. Cox:Plaintiff's agreed motion for consolidation 90 is granted. EEOC v. roadway Express, 08 CV 5555 is a related case pending before Magistrate Judge Nolan and is consolidated for all purposes with 06 CV 4805 currently pending before this Court. The parties need not appear for presentment of said motion on 1/8/09 at 9:30 a.m. Status hearing set for 4/7/09 at 9:30 a.m. is stricken. Status hearing set for 1/29/2009 at 9:30 A.M.Mailed notice (smm) (Entered: 01/09/2009)

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. The Court was advised of the status of discovery. Parties to submit a motion for reinstatement of a related case to this Court's Proposed Order Box. Said motion will not require a notice of motion. Status hearing set for 4/7/09 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 01/29/2009)

MOTION by counsel for Defendant Roadway Express, Inc. to withdraw as attorney Lexer Quamie (Speights, Grace) (Entered: 02/11/2009)

MINUTE entry before the Honorable Susan E. Cox: Defendant's motion to withdraw as attorney 94 is granted; Attorney Lexer I. Quamie terminated. Mailed notice (vkd, ) (Entered: 03/05/2009)

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. The parties advised the Court of their participation in outside mediation during the month of April, 2009. Status hearing set for 5/7/09 at 9:30 a.m. for a report on mediation. Mailed notice (vkd, ) (Entered: 04/07/2009)

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. The Court was advised of the status of outside mediation. The Court was advised by the parties that they may need some assistance with the completion of settlement talks. Status hearing set for 5/14/09 at 9:30 a.m. Mailed notice (vkd, ) (Entered: 05/07/2009)

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. The parties' oral motion to extend fact discovery deadline is granted. Fact discovery cut-off set for 10/30/09. Parties to submit a proposed scheduling order. Settlement conference set for 6/26/09 at 1:30 p.m. Parties are to review and to comply with this Court's Standing Order Setting Settlement Conference. Plaintiff's counsel to submit a written itemization of damages and settlement demand to defendant's counsel with a brief explanation of why such a settlement is appropriate on or before 6/12/09. A courtesy copy of this submission must be sent to the Court at the same time. Defendant's counsel shall submit a written offer to plaintiff's counsel and the Court with a brief explanation of why such a settlement is appropriate on or before 6/19/09. Plaintiff's counsel shall deliver or fax copies of updated correspondence between the parties to the Court by 6/23/09. The settlement conference date may only be changed by the granting of a motion. Mailed notice (vkd, ) (Entered: 05/15/2009)

MINUTE entry before the Honorable Susan E. Cox:Pursuant to a request by defendant's counsel, settlement conference set for 6/26/09 at 1:30 p.m. is stricken. Settlement conference set for 6/30/09 at 1:30 p.m. Parties are to review and to comply with this Court's Standing Order Setting Settlement Conference. Plaintiff's counsel to submit a written itemization of damages and settlement demand to defendant's counsel with a brief explanation of why such a settlement is appropriate on or before 6/16/09. A courtesy copy of this submission must be sent to the Court at the same time. Defendant's counsel shall submit a written offer to plaintiff's counsel and the Court with a brief explanation of why such a settlement is appropriate on or before 6/23/09. Plaintiff's counsel shall deliver or fax copies of updated correspondence between the parties to the Court by 6/26/09. Mailed notice (vkd, ) (Entered: 05/19/2009)

MINUTE entry before the Honorable Susan E. Cox:Settlement conference held on 6/30/09. Settlement Conference set for 7/20/09 at 01:30 p.m. Mailed notice (vkd, ) (Entered: 06/30/2009)