Case: EEOC v. TRINITY INDUSTRIES, INC.

EEOC v. Trinity Ind Inc

EEOC v. Trinity Industries, Inc.

EEOC and Melba Thomas and Percy Simmons, Jr. v. Trinity Industries, Inc.

EEOC v. Trinity Industries, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

Demand for jury trial by EEOC (bst) (Entered: 08/31/2000)

In compliance with section b of Local Rule CV-26 and after a review of the pleadings, this action has been assigned to track 3 for case management purposes. (bst) (Entered: 08/31/2000)

Summons(es) issued for Trinity Ind Inc & handed to pla's atty for service (bst) (Entered: 08/31/2000)

Magistrate consent forms mailed to pla's atty Timothy Bowne (bst) (Entered: 08/31/2000)

Summons(es) issued for Trinity Ind Inc & handed to pla's atty for service (bst)

Magistrate consent forms mailed to pla's atty Timothy Bowne (bst)

WAIVER OF SERVICE Returned Executed as to Trinity Ind Inc 9/29/00 on summons. Answer due on 11/28/00 for Trinity Ind Inc (bjc) (Entered: 10/05/2000)

MOTION for leave to intervene by Melba Thomas, Percy Simmons Jr (bjc) (Entered: 10/13/2000)

Answer to pla's complaint by Trinity Ind Inc (Mailed track assignment and consent form to atty David Curtis) (bjc) (Entered: 10/23/2000)

ORDER granting [4-1] motion for leave to intervene by Melba Thomas, Percy Simmons Jr (signed by Judge Thad Heartfield ) cc: attys (rll) (Entered: 11/01/2000)

Intervenor's complaint by Percy Simmons Jr., Melba Thomas against Trinity Ind Inc (rll) (Entered: 11/01/2000)

Answer to complaint in intervention by Trinity Ind Inc (fbc) (Entered: 11/09/2000)

Notice of disclosure by EEOC (bjc) (Entered: 11/22/2000)

Notice of initial disclosure by Trinity Ind Inc (bjc) (Entered: 11/28/2000)

MANAGEMENT CONFERENCE set at 9:00 12/14/00 before Judge Thad Heartfield. cc: TH, attys (jmv) (Entered: 11/28/2000)

MANAGEMENT CONFERENCE set at 9:00 12/14/00 before Judge Thad Heartfield. cc: TH, attys (jmv)

Amended intervening complaint by Percy Simmons Jr, Melba Thomas, amending [7-1] intervenor complaint (bjc) (Entered: 12/06/2000)

ORDER regarding amendments to the federal rules of civil procedure (signed by Judge Thad Heartfield ) cc: attys 12/6/00 *** ORIGINAL ORDER EOD IN 1:95cv564 *** (bjc) (Entered: 12/06/2000)

ORDER regarding amendments to the federal rules of civil procedure (signed by Judge Thad Heartfield ) cc: attys 12/6/00 *** ORIGINAL ORDER EOD IN 1:95cv564 *** (bjc)

Notice of disclosure by Percy Simmons Jr, Melba Thomas (bjc) (Entered: 12/08/2000)

Notice of serving initial disclosure by Trinity Ind Inc (bjc) (Entered: 12/11/2000)

Notice of attorney appearance for Trinity Ind Inc by Hubert Oxford III (bjc) (Entered: 12/14/2000)

ORDER setting management conference for 9:00 1/16/01 before Judge Thad Heartfield (signed by Judge Thad Heartfield) cc: attys 12/20/00 (bjc) (Entered: 12/20/2000)

ORDER setting management conference for 9:00 1/16/01 before Judge Thad Heartfield (signed by Judge Thad Heartfield) cc: attys 12/20/00 (bjc)

Notice of disclosure by Trinity Ind Inc (fbc) (Entered: 01/11/2001)

Answer to complaint in intervention by Trinity Ind Inc (fbc) (Entered: 01/11/2001)

Stipulation and PROTECTIVE ORDER (signed by Judge Thad Heartfield) cc: attys 1/17/01 (bjc) (Entered: 01/17/2001)

Minutes Re: [0-0] Management conference by Judge Thad Heartfield held on 1/16/01 (No Ct rep) (former empl) (Entered: 01/17/2001)

MANAGEMENT CONFERENCE held before Judge Thad Heartfield. New track assignment. Case set for trial 10/15/01. A docket control order will be entered (former empl) (Entered: 01/17/2001)

Oral order to reassign this action to track 4 for case management purposes, from the bench signed by Judge Thad Heartfield (former empl) (Entered: 01/17/2001)

MANAGEMENT CONFERENCE held before Judge Thad Heartfield. New track assignment. Case set for trial 10/15/01. A docket control order will be entered (former empl)

Oral order to reassign this action to track 4 for case management purposes, from the bench signed by Judge Thad Heartfield (former empl)

Docket Control Order: setting final pretrial conference and jury trial scheduling at 9:00 on 10/15/01 (signed by Judge Thad Heartfield) cc: attys 1/22/01 bse) (Entered: 01/22/2001)

Unopposed MOTION by Percy Simmons Jr, Melba Thomas for leave to file amended complaint in intervention (bjc) (Entered: 01/29/2001)

MOTION by Trinity Ind Inc for protective order and brief (bjc) (Entered: 02/02/2001)

Opposition by EEOC to dft's [21-1] mo for protective order (bjc) (Entered: 02/06/2001)

Notice of w/drawal of [21-1] motion for protective ord by Trinity Ind Inc (bjc) (Entered: 02/07/2001)

Terminated document [21-1] mo for protective ord (dft's filed a notice of withdrawal of motion for protective ord) (bjc) (Entered: 02/07/2001)

Terminated document [21-1] mo for protective ord (dft's filed a notice of withdrawal of motion for protective ord) (bjc)

MOTION by Percy Simmons Jr, Melba Thomas for leave to file 2nd amended complaint in intervention (bjc) (Entered: 04/09/2001)

MOTION by Melba Thomas, Percy Simmons Jr to compel site inspection (bjc) (Entered: 04/12/2001)

HOTLINE CONFERENCE: before Magistrate Judge Judith K. Guthrie. Resolved by parties; no ruling by Court. (tln) (Entered: 04/11/2001)

HOTLINE CONFERENCE: before Magistrate Judge Judith K. Guthrie. Resolved by parties; no ruling by Court. (tln)

Agreed MOTION by EEOC, Trinity Ind Inc, Percy Simmons Jr., Melba Thomas to modify [19-1] docket control order (bjc) (Entered: 04/13/2001)

MOTION by Percy Simmons Jr, Melba Thomas for leave to conduct additional depositions or, in the alternative to alter track assignment (bjc) (Entered: 04/19/2001)

ORDER granting [20-1] motion for leave to file amended complaint in intervention (signed by Judge Thad Heartfield ) cc: attys 4/20/01 (bjc) (Entered: 04/20/2001)

Amended complaint in intervention by Percy Simmons Jr, Melba Thomas, amending [7-1] intervenor complaint (bjc) (Entered: 04/20/2001)

Response by Trinity Ind Inc to plas' [24-1] motion for leave to file 2nd amended complaint in intervention (bjc) (Entered: 04/23/2001)

Response by Trinity Ind Inc to plas' [25-1] motion to compel site inspection (bjc) (Entered: 04/23/2001)

Brief in support by EEOC to intervening plas' [25-1] motion to compel site inspection (bjc) (Entered: 04/25/2001)

ORDER denying [24-1] motion for leave to file 2nd amended complaint in intervention (signed by Judge Thad Heartfield ) cc: attys 4/25/01 (bjc) (Entered: 04/25/2001)

ORDER granting [25-1] motion to compel site inspection ( signed by Judge Thad Heartfield ) cc: TH and attys (rll) (Entered: 05/01/2001)

ORDER granting [26-1] motion to modify [19-1] docket control order, reset discovery due for 5/29/01, and reset motion filing deadline for 5/29/01 ( signed by Judge Thad Heartfield ) cc: TH and attys (rll) (Entered: 05/01/2001)

Response by Trinity Ind Inc to plas' [27-1] mo for leave to conduct additional depositions, and [27-2] mo to alter track assignment (bjc) (Entered: 05/03/2001)

MOTION by Melba Thomas seeking clarification from the Ct that it has not made any ruling or otherwise impaired pla's claim for bodily injury damages (bjc) (Entered: 05/08/2001)

MOTION by Percy Simmons Jr, Melba Thomas to reconsider and/or clarify portion of limited [34-1] order granting plas' mo to compel site inspection (bjc) (Entered: 05/08/2001)

Reply by Percy Simmons Jr, Melba Thomas to dft's response to pla's [27-1] mo for leave to conduct additional depositions, or, in the alternative, [27-2] mo to alter track assignment (bjc) (Entered: 05/08/2001)

Agreed MOTION by EEOC, Trinity Ind Inc to enter consent decree (bjc) (Entered: 05/09/2001)

Response by Trinity Ind Inc to plas' [38-1] motion to reconsider and/or clarify portion of limited [34-1] order granting plas' mo to compel site inspection (bjc) (Entered: 05/18/2001)

Response by Trinity Ind Inc to plas' [37-1] motion seeking clarification from the Ct that it has not made any ruling or otherwise impaired pla's claim for bodily injury damages (bjc) (Entered: 05/18/2001)

MOTION by Trinity Ind Inc for summary judgment (bjc) (Entered: 05/31/2001)

Brief by Trinity Ind Inc in support of [43-1] motion for summary judgment (bjc) (Entered: 05/31/2001)

MOTION by Percy Simmons Jr, Melba Thomas to continue dft's mo for summary judgment (bjc) (Entered: 06/07/2001)

2nd MOTION by Percy Simmons Jr, Melba Thomas to compel site inspection and for sanctions (bjc) (Entered: 06/11/2001)

Reply by Percy Simmons Jr, Melba Thomas to dft's response to [37-1] mo seeking clarification from the Ct that it has not made any ruling or otherwise impaired pla's claim for bodily injury damages (bjc) (Entered: 06/11/2001)

Advisory to the ct regarding consent decree by EEOC (bjc) (Entered: 06/14/2001)

Response by Trinity Ind Inc to plas' [45-1] motion to continue dft's mo for summary judgment (bjc) (Entered: 06/18/2001)

Response by Trinity Ind Inc to plas' [46-1] motion to compel site inspection and [46-2] motion for sanctions (bjc) (Entered: 06/18/2001)

ORDER granting [45-1] mo to cont dft's mo for summary judgment. Ordered that the discovery period is extended to 7/15/01. Ordered that the Docket Control Ord is modified for the limited purpose of extending the discovery period. Plas shall file their response to dft's mo for summary judgment by 7/20/01 ( signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

ORDER granting [46-1] motion to compel site inspection and denying [46-2] motion for sanctions (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

ORDER denying in part [38-1] mo to reconsider and/or clarify portion of limited [34-1] ord granting plas' mo to compel site inspection w/ respect to waiver of liability against dft Trinity and granted in part w/ respect to the number of attys allowed at the site inspection (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

ORDER granting [27-1] motion for leave to conduct additional depositions. Ordered that plas may take a total of 5 additional depositions to last 6 hrs each. Ordered that the additional depositions are limited to questions concerning plas' discrimination claims (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

ORDER denying [37-1] motion seeking clarification from the Ct that it has not made any ruling or otherwise impaired pla's claim for bodily injury damages (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

Consent Decree. This Consent Decree is entered in full and complete settlement of the EEOC's claims in this lawsuit, and in EEOC charge nos. 330-99-2780, 330-99-2781, and 330-A1-0194. Trinity agrees to pay Tommy L Breed $28,000.00, less deductions and w/holdings required by law. Trinity agrees to pay Kenneth Bettis $32,000.00, less deductions and w/holdings required by law. Parties shall bear their own costs and attys' fees (signed by Judge Thad Heartfield 6/15/01) cc: attys 6/19/01 (bjc) (Entered: 06/19/2001)

Response by Percy Simmons Jr, Melba Thomas to dft's [43-1] motion for summary judgment (bjc) (Entered: 07/23/2001)

MOTION by Percy Simmons Jr, Melba Thomas for leave to file response to dft's mo for summary judgment in excess of page limit (bjc) (Entered: 07/24/2001)

ORDER granting [58-1] motion for leave to file response to dft's mo for summary judgment in excess of page limit ( signed by Judge Thad Heartfield) cc: attys 7/27/01 (bjc) (Entered: 07/27/2001)

Unopposed MOTION by Trinity Ind Inc to extend period for filing reply brief to plas' resp to dft's mo for summary judgment (bjc) (Entered: 07/27/2001)

ORDER granting [60-1] motion to extend period for filing reply brief to plas' resp to dft's mo for summary judgment until 8/6/01 (signed by Judge Thad Heartfield) cc: attys 8/1/01 (bjc) (Entered: 08/01/2001)

Reply by Trinity Ind Inc to plas' response to dft's [43-1] mo for summary judgment (bjc) (Entered: 08/07/2001)

Objection by Trinity Ind Inc to pla's response to Trinity's [43-1] motion for summary judgment (bjc) (Entered: 08/07/2001)

Agreed MOTION by Trinity Ind Inc, Percy Simmons Jr., Melba Thomas to continue trial (bjc) (Entered: 09/10/2001)

ORDER granting [64-1] motion to continue trial; reset final pretrial conference for 11/19/01 before Judge Thad Heartfield . Ordered that the Docket Control Order [19-1] be amended to reflect the new trial date and pretrial deadlines (signed by Judge Thad Heartfield 9/18/01) cc: attys 9/20/01 (bjc) (Entered: 09/20/2001)

Final Pre-trial conference set at 9:00 10/15/01 before Judge Thad Heartfield. cc: TH, attys (jmv) (Entered: 09/20/2001)

Jury selection set at 9:00 10/16/01 before Judge Thad Heartfield (jmv) (Entered: 09/20/2001)

Final Pre-trial conference set at 9:00 10/15/01 before Judge Thad Heartfield. cc: TH, attys (jmv)

Jury selection set at 9:00 10/16/01 before Judge Thad Heartfield (jmv)

Notice of supplemental disclosure by Percy Simmons Jr, Percy Simmons Jr. (rll) (Entered: 10/03/2001)

Final Pre-trial conference set at 9:00 11/19/01 before Judge Thad Heartfield. cc: TH, attys (jmv) (Entered: 10/19/2001)

Jury selection set at 9:00 11/20/01 before Judge Thad Heartfield (jmv) (Entered: 10/19/2001)

Final Pre-trial conference set at 9:00 11/19/01 before Judge Thad Heartfield. cc: TH, attys (jmv)

Jury selection set at 9:00 11/20/01 before Judge Thad Heartfield (jmv)

ORDER, setting settlement/closing papers due on 12/4/01 ( signed by Judge Thad Heartfield ) cc: attys 10/31/01 (fbc) (Entered: 10/31/2001)

MOTION by Trinity Ind Inc to enforce settlement and Brief (Added images of Sealed Exhibits A-E on 9/26/2012) (fbc) (tkd, ) (Entered: 11/05/2001)

MOTION by Percy Simmons Jr., Melba Thomas for release of settlement funds, and for expedited hearing (fbc) (Entered: 11/07/2001)

AGREED ORDER (1) denying [68-1] motion to enforce settlement; denying [69-1] motion for release of settlement funds and denying [69-2] motion expedited hearing. (2) Court orders that parties shall sign the proposed General Releases and Covenants Not to Sue as drafted exept that the releases shall be revised in accordance with this order (3) In substitution of chekcs nos 958550 and 958849 dft shall re-issue two checks payable to plas and their cnsl, for the agreed lump sum settlement proceeds. (4) In substitution for check no 958851, dft shall re-issue the agreed payroll check and make payable to Percy Simmons. Check shall be received by pla's cnsl. (5) Upon receipt of settlement funds pla shall file w/court a dismissal w/prejudice all claims (6) Checks nos 958850, 958849, 958851 are null and void and are to be released. (7) The parties are each responsible for their own costs and attorneys fees. ( signed by Judge Thad Heartfield 11/9/01) cc: attys 11/15/01 (fbc) (Entered: 11/15/2001)

ORDER that the clerk immediately return to the defendants at defendant's cost, the checks enclosed in the envelopes attached as Exhibit "E" to dft's motion to enforce settlement and brief in support [doc no 68].( signed by Judge Thad Heartfield ) cc: attys 11/15/01 (fbc) (Entered: 11/15/2001)

Stipulation of dismissal w/prejudice, all claims against dft in this action, w/ costs taxed against each party incurring same by plas Melba Thomas and Percy Simmons (bjc) (Entered: 11/30/2001)

Case closed (bjc) (Entered: 01/17/2002)

Case closed (bjc)