Case: EEOC v. WARREN PROPERTIES, INC. (d/b/a WILLOW CLIFF LAKESHORE APARTMENTS)

EEOC v. Warren Properties

EEOC v. Warren Properties

EEOC v. Warren Properties

EEOC v. Warren Properties

EEOC v. Warren Properties

EEOC v. Warren Properties

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (eh) (Entered: 04/05/2000)

PRAECIPE for and issued 1 summons by plaintiff EEOC (fp) (Entered: 04/06/2000)

ATTORNEY APPEARANCE for plaintiff EEOC by Holly Waldron (fp) (Entered: 04/06/2000)

RETURN OF SERVICE executed upon blank (space) Prentice-Hall Corp on 4/6/00 , cert mail signed Sandy Molget (20 days) (fp) (Entered: 04/11/2000)

PRAECIPE for and issued 1 summons by plaintiff EEOC (fp) (Entered: 04/20/2000)

ATTORNEY APPEARANCE for defendant Warren Properties by Tim N Cheek (fp) (Entered: 04/25/2000)

RETURN OF SERVICE by defendant Warren Properties regarding Interrogatories, Req for Admission ad Req for Prod by cert mail signed (illigible) (fp) (Entered: 04/25/2000)

DOCKET SCHEDULING ORDER ; status scheduling conf set for 10:50 6/6/00 (fp) (Entered: 05/03/2000)

MOTION by blank (space) Mark H Davis to intervene in this action on the ground that he is the aggrieved party who filed the original cmp (fp) (Entered: 05/23/2000)

ENTER ORDER by Honorable Vicki Miles-LaGrange; case sched for Status and Sched conf set for 6/6/00 is hereby CONTINUED to the August 2000 dkt (cc: all counsel) [EOD Date 5/26/00] (cjs) (Entered: 05/26/2000)

CERTIFICATE OF SERVICE by plaintiff EEOC re responses to dft Warren Properties, Inc., 1st Req for Prod of Doc and Answers to Dft's 1st Set of Interrogatories was served to cnsl (fp) (Entered: 05/30/2000)

ATTORNEY APPEARANCE for plaintiff EEOC by Michelle M Robertson (fp) (Entered: 06/07/2000)

ORDER by Honorable Vicki Miles-LaGrange granting Mark H. Daivs, to intervene in this action on the ground that he is the aggrieved party who filed the original cmp [9-1] (cc: all counsel) [EOD Date 6/19/00] (fp) (Entered: 06/19/2000)

ATTORNEY APPEARANCE for blank (space) Mark H Davis by Chanda R Graham (fp) (Entered: 07/10/2000)

MOTION by blank (space) Mark H Davis to amend Order allowing him to intervene as a "party dft' in this action (fp) Modified on 07/12/2000 (Entered: 07/10/2000)

ORDER by Honorable Vicki Miles-LaGrange granting mtn to amend Order allowing Mark Davis to intervene as a "party" dft' this action [15-1] (cc: all counsel) [EOD Date 7/12/00] (fp) (Entered: 07/12/2000)

STATUS REPORT by plaintiff EEOC, defendant Warren Properties (fp) (Entered: 08/02/2000)

SCHEDULING ORDER Honorable Vicki Miles-LaGrange ; jury trial set for 4/1/01 ; Discovery set for 3/1/01 ;mtn filing ddl set for 2/1/01 ; pretrial report due 3/22/01 ; status scheduling conference held on 10:50 6/6/00 mtns to join due: w/i 30 days of this order mtns to amend due: w/i 30 days of this order pla's wit lst due: & expert wit 2/1/01 pla's exh lst due: 2/1/01 dft's wit lst due: & expert wit w/i 10 days t/a dft's exh lst due: w/i 10 days t/a mtns in limine due: 3/22/01 jury instr due: 3/22/01 voir dire requests due: 3/22/01 trial briefs due : 3/22/01 PFofFact & Concl due: 3/22/01 (cc: all counsel) (fp) (Entered: 08/09/2000)

MOTION by defendant Warren Properties for leave to amend answer (fp) (Entered: 09/08/2000)

AMENDED ANSWER [7-1] by defendant Warren Properties; jury demand (fp) (Entered: 09/12/2000)

INTERVENOR'S COMPLAINT by Mark H Davis (fp) Modified on 10/17/2000 (Entered: 10/17/2000)

PRAECIPE for and issued 1 summons by Mark H Davis to Warren Properties, Inc. (fp) Modified on 10/17/2000 (Entered: 10/17/2000)

MOTION by defendant Warren Properties to dismiss Mark Davis' Intervenor Complaint (fp) (Entered: 11/07/2000)

RETURN OF SERVICE executed upon defendant Warren Properties on 10/21/00 by cert mail (cjs) (Entered: 11/16/2000)

OBJECTIONS by intervenor Mark H Davis to dft's motion to dismiss and brief in support [24-1] (fp) Modified on 11/22/2000 (Entered: 11/22/2000)

NOTICE by plaintiff intervenor Mark H Davis adoption of plf's mtn for partial summary judgment (fp) (Entered: 02/01/2001)

ADDL WITNESS list submitted by intervenor Mark H Davis and adopts and incorporates all witnesses and exhibits listed by Plf (fp) (Entered: 02/01/2001)

ADDL EXHIBIT list by intervenor Mark H Davis and adopt and incorporates all witnesses and exhlst listed by Plaintiff (fp) (Entered: 02/01/2001)

WITNESS list submitted by plaintiff EEOC (fp) (Entered: 02/02/2001)

MOTION AND BRIEF IN SUPPORT by defendant Warren Properties for summary judgment (fp) (Entered: 02/02/2001)

MOTION AND BRIEF IN SUPPORT by plaintiff EEOC for partial summary judgment (fp) (Entered: 02/02/2001)

EXHIBIT list by plaintiff EEOC (fp) (Entered: 02/02/2001)

WITNESS list submitted by defendant Warren Properties (fp) (Entered: 02/13/2001)

EXHIBIT list by defendant Warren Properties (fp) (Entered: 02/13/2001)

JOINT MOTION by plaintiff EEOC, defendant Warren Properties, intervenor Mark H Davis to extend response deadline (fp) (Entered: 02/15/2001)

ORDER by Honorable Vicki Miles-LaGrange granting motion to extend response deadline [33-1] The responses to the dispositive mtns are due to be filed on February 27, 2001 (cc: all counsel) [EOD Date 2/20/01] (fp) (Entered: 02/20/2001)

DOCKET TRIAL ; jury trial set for 9:00 4/9/01 (fp) (Entered: 02/26/2001)

RESPONSE by intervenor Mark H Davis to dft's motion for summary judgment [30-1] (fp) (Entered: 02/28/2001)

RESPONSE AND BRIEF IN SUPPORT by defendant Warren Properties to plf's motion for partial summary judgment [31-1] (fp) Modified on 03/01/2001 (Entered: 03/01/2001)

NOTICE by plaintiff EEOC of Deposition Transcript Designations (fp) (Entered: 03/06/2001)

ORDER by Honorable Vicki Miles-LaGrange ; Settlement conf Tuesday, March 20, 2001 at 9:00 a.m. bf Magistrate Judge Roberts (cc: all counsel) [EOD Date 3/6/01] (fp) Modified on 03/06/2001 (Entered: 03/06/2001)

ENTER ORDER by Magistrate Judge Bana Roberts Settlement conf has been rescheduled for April 2, 2001, at 9:00 a.m. Conf Stmt being due March 28, 2001, by noon. All other provisions of the original Settlement Conf Ord dated March 6, 2001, remain in effect (cc: all counsel) [EOD Date 3/8/01] (fp) Modified on 03/08/2001 (Entered: 03/08/2001)

ORDER by Honorable Vicki Miles-LaGrange granting motion to dismiss Mark Davis' Intervenor Complaint [24-1] IN-PART and DENIES IN-PART 1) The ct Grants the mtn to dism as to Davis' Section 1982 clm, and 2) The Ct Denies the mtn to dism as to Davis' Title VII Clm. (cc: all counsel) [EOD Date 3/22/01] (fp) (Entered: 03/22/2001)

PROPOSED JURY INSTRUCTIONS submitted by plaintiff EEOC (fp) (Entered: 03/23/2001)

MOTION by plaintiff EEOC in limine to exclude evidence, questions, argument or other memtion in the presence of the jury of an arrest and guilty plea to drug possession charge by Mark Davis (fp) (Entered: 03/23/2001)

REQUESTED JURY INSTRUCTIONS submitted by defendant Warren Properties (fp) (Entered: 03/23/2001)

JOINT PRE-TRIAL REPORT (fp) (Entered: 03/23/2001)

PROPOSED JURY INSTRUCTIONS submitted by plaintiff EEOC (fp) (Entered: 03/23/2001)

TRIAL briefs submitted by defendant Warren Properties (fp) (Entered: 03/26/2001)

VOIR DIRE submitted by defendant Warren Properties (fp) (Entered: 03/23/2001)

AFFIDAVIT of Steven Mullins (fp) (Entered: 03/26/2001)

ORDER by Honorable Vicki Miles-LaGrange denying motion for summary judgment [30-1] (more fully set out) (cc: all counsel) [EOD Date 3/27/01] (fp) Modified on 03/27/2001 (Entered: 03/27/2001)

ORDER by Honorable Vicki Miles-LaGrange granting EEOC's motion for partial summary judgment [31-1] (more fully set out) (cc: all counsel) [EOD Date 3/29/01] (fp) (Entered: 03/29/2001)

OBJECTIONS by defendant Warren Properties to Plaintiff and Third-Party Plf Intervenor's Pre-Trial Submissions (fp) (Entered: 03/30/2001)

MOTION by defendant Warren Properties for reconsideration of Order of March 29, 2001 (fp) (Entered: 03/30/2001)

RESPONSE by intervenor Mark H Davis to Dft Warren Properties motion for reconsideration of Order of March 29, 2001 [55-1] (fp) (Entered: 04/02/2001)

MINUTE ORDER by Honorable Vicki Miles-LaGrange; This cs is currently set on the Court's April, 2001 trial dkt. On March 29, 2001, dft file a "Mtn to reconsider Order of March 20, 2001" re [55-1]. In light of the upcoming trial, the Ct hereby Shortens plfs' time to file their response to dft's mtn to reconsider and Orders plfs to file their response by Wednesday, April 4, 2001 (cc: all counsel) [EOD Date 4/2/01] (fp) (Entered: 04/02/2001)

RESPONSE by plaintiff EEOC to motion for reconsideration of Order of March 29, 2001 [55-1] (fp) (Entered: 04/04/2001)

ORDER by Magistrate Judge Bana Roberts, ; Settlement conf held April 2, 2001 Case did not settle. (cc: all counsel) [EOD Date 4/5/01] (fp) (Entered: 04/05/2001)

ATTORNEY APPEARANCE for plaintiff EEOC by Toby W Costas (fp) (Entered: 04/05/2001)

ORDER by Honorable Vicki Miles-LaGrange denying dft's motion for reconsideration of Order of March 29, 2001 [55-1 the court finds the Faragher/Ellerth affirmative defense is not available, even if there is an allegation of supervisor participation, when a racially hostile work env claim is based upon direct employer liab under the negligence theory of employer liab and not based upon vicarious employer liab. [EOD Date 4/6/01] (cjs) (Entered: 04/06/2001)

AMENDED JOINT PRE-TRIAL REPORT (fp) (Entered: 04/09/2001)

MOTION by intervenor Mark H Davis to compel dft to privide certain personnel records req in Plf Intervenor's 1st Req for Prod of Documents to dft, Req No. 3, purs to FRCP #37 (fp) Modified on 05/01/2001 (Entered: 04/09/2001)

STATEMENT/ ADOPTION by plaintiff EEOC of Plf Intervenor' Mtn to Comp dft to privide certain personnel records req in Plf Intervenor's 1st Req for Prod of Documents to dft, Req No. 3, purs to FRCP #37 [63-1] (fp) Modified on 05/01/2001 (Entered: 04/09/2001)

MOTION AND BRIEF by defendant Warren Properties for leave to allow audio playing of deposition testimony (fp) (Entered: 04/09/2001)

OBJECTIONS by plaintiff EEOC to dft's motion for leave to allow audio playing of deposition testimony [65-1] (fp) (Entered: 04/09/2001)

NOTICE by plaintiff EEOC of Amended Deposition Transcript Designations (fp) (Entered: 04/09/2001)

BRIEF PRELIMINARY STATEMENT by defendant Warren Properties (fp) (Entered: 04/09/2001)

RESPONSE by defendant Warren Properties to Plf's Mark Davis' Mtn to Compel Production of Certain Employee Personnel Files [63-1] (fp) Modified on 04/09/2001 (Entered: 04/09/2001)

RESPONSE by defendant to Plf Equal Employment Opportunity comm's and Plf Intervenor's Mtn to Compel Documents and Mtn to Allow Introduction of Evidence of Dft's Financial Status at Trial (fp) (Entered: 04/09/2001)

MOTION AND BRIEF IN SUPPORT by plaintiff EEOC, intervenor Mark H Davis to compel documents and Mtn to Allow Introduction of Evidence of Dft's Financial Status at trial (fp) (Entered: 04/09/2001)

ORDER by Honorable Vicki Miles-LaGrange approving Amended Pre Trl Rpt [62-1] (cc: all counsel) [EOD Date 4/9/01] (fp) (Entered: 04/09/2001)

COURTROOM MINUTES: Enter As Above: Jury duly empaneled and admonished. Oath to try cs administered. Plf & Dft make opening stmt. Ct adjourns to 9:00 a.m. on Tuesday April 10, 2001. (fp) Modified on 05/01/2001 (Entered: 04/09/2001)

ORDER by Honorable Vicki Miles-LaGrange Granting-In-Part and Denied-In-Part. 1) The Ct Grants the mtn to compel as to the personnel files of Albert Davis and Larry Glass. Dft is ordered to produce sd personnel files by 9:00 a.m., Monday, April 9, 2001. Sd production to be subject to an agreed confidentiality order as to any personal information contained in such files. 2) The Ct Denies the mtn to compel as to the personnel filed of Tom Yardy, Pam Yardy, Kenneth Bledsoe, Carrie Lonzo, David Lonzo, Geraldine Heenan, John Hennan, and Wendy Bledsoe. [63-1] (cc: all counsel) [EOD Date 4/9/01] (fp) Modified on 05/01/2001 (Entered: 04/09/2001)

ORDER by Honorable Vicki Miles-LaGrange granting motion to compel documents and Mtn to Allow Introduction of Evidence of Dft's Financial Status at trial [75-1] (cc: all counsel) [EOD Date 4/9/01] (fp) (Entered: 04/09/2001)

ORDER by Honorable Vicki Miles-LaGrange denying motion for leave to allow audio playing of deposition testimony [65-1] (cc: all counsel) [EOD Date 4/9/01] (fp) (Entered: 04/09/2001)

MOTION by plaintiff EEOC, intervenor Mark H Davis to reconsider the Court's April 2001 Ruling (fp) (Entered: 04/11/2001)

MOTION by plaintiff EEOC, intervenor Mark H Davis in limine to exclude evidence re the fact that Mark H. Davis claimed worker's compensation benefits fm an employee prior to and an employer after the period of his employment with the Dft (fp) (Entered: 04/11/2001)

COURTROOM MINUTES: Plf present cs in chief with testimony of witnesses. Jnt exh admitted 1-4. Plf's exh admitted 109 & 108. Juror Bohanon Calls in this morning with add'l medical information and informs the Ct that she can not be in today because of those medical reasons. The Judge exccuses this juror fm the jury panel. Ct adjourns to 9:00 on Wednesday, April 11, 2001. (fp) (Entered: 04/13/2001)

AGREED PROTECTIVE ORDER by Honorable Vicki Miles-LaGrange between Plf Intervenor Mark Davis and Dft Warren Properties, Inc. (cc: all counsel) (fp) Modified on 04/11/2001 (Entered: 04/11/2001)

COURTROOM MINUTES: Plf continues cs in chief w/testimony of witnesses. Plf rest. Plf's exh admitted 105. Dft's exh admitted 217. Mtn for Judgment as a matter of law by dft (denied) Dft present cs in chief w/testimony of witnesses. Ct adjourns on Thursday, April 12, 2001. (fp) (Entered: 04/13/2001)

COURTROOM MINUTES: Further Jury Trial: Dft's exhibits admitted 220, 209. Dft continues cs in chief w/testimony of witnesses. Dft rest. Plf presents rebuttal evidence w/testimony of witnesses. Mtn for Jgm as a Matter of Law by dft (denied) Mtn for Dir Verdict by Dft (denied). Parties rest. Closing arguments 4:50 p.m. Ct instructs the jury 5:30 p.m. Ct adjourns to 12:30 p.m. on Friday, April 13, 2001. (fp) Modified on 05/01/2001 (Entered: 04/16/2001)

ORDER by Honorable Vicki Miles-LaGrange denying motion to reconsider the Court's April 2001 Ruling [78-1] (cc: all counsel) [EOD Date 4/13/01] (fp) (Entered: 04/13/2001)

OBJECTIONS by plaintiff EEOC, intervenor Mark H Davis to The Court's Rulings on Deposition Designations [83-1] (fp) Modified on 05/01/2001 (Entered: 04/13/2001)

COURTROOM MINUTES: Further Jury Trial: Jury returns with verdict at 3:15 p.m. in favor of plaintiff on one clm & dft on one clm. Jury is polled. Cnsl view verdict. Jury is discharged. The Ct Request all cnsl to withdraw all pending any appeal. (fp) Modified on 05/01/2001 (Entered: 04/16/2001)

COURT'S EXHIBITS (fp) (Entered: 04/16/2001)

VERDICT Form (fp) (Entered: 04/16/2001)

JURY INSTRUCTIONS submitted by Honorable Vicki Miles-LaGrange (fp) (Entered: 04/16/2001)

JUDGMENT: by Honorable Vicki Miles-LaGrange, in favor of EEOC, and plf intervenor Mark H. Davis, agnst dft, Warren Properties, Inc., in the amt of $700.00 compensatory damages and $700.00 punitive damages, w/int thereon at the rate provided by law dismissing case (cc: all counsel) (fp) (Entered: 04/16/2001)

NOTICE by plaintiff EEOC to The Ct regarding req for determination of injunctive relief (fp) (Entered: 04/26/2001)

MOTION by plaintiff EEOC for leave of Court to enter Stipulated Backpay Award (fp) Modified on 05/01/2001 (Entered: 05/01/2001)

MOTION AND BRIEF IN SUPPORT by intervenor Mark H Davis for attorney fees (fp) (Entered: 05/01/2001)

MEMORANDUM BRIEF by defendant Warren Properties in support of bill of costs [0-0] (fp) (Entered: 05/01/2001)

BILL OF COSTS submitted by plaintiff EEOC re findings of fact judgment dismissing case [90-1] agnst Warren Properties in the amt of $5,097.99. Date and time of Hearing is 9:00 a.m. June 5, 2001. (fp) (Entered: 05/01/2001)

BILL OF COSTS submitted by intervenor Mark H Davis re findings of fact judgment dismissing case [90-1] agnst Warren Properties Inc., in the amt of $849.65. Date and Time of Hearing on Costs 6/5/01 at 9:00 am. (fp) (Entered: 05/01/2001)

BILL OF COSTS submitted by defendant Warren Properties re findings of fact judgment dismissing case [90-1] agnst Warren Properties, Inc., in the amt of $4,313.99. Date and Time of hearing June 5, 2001 at 9:00 a.m. (fp) (Entered: 05/01/2001)

OBJECTIONS by defendant Warren Properties to Plaintiff Intervenor's motion for leave of Court to enter Stipulated Backpay Award [92-1] (fp) (Entered: 05/04/2001)

APPLICATION by plaintiff EEOC for order for entry of Judgment for Equitable relief (fp) (Entered: 05/07/2001)

MOTION AND BRIEF IN SUPPORT by intervenor Mark H Davis to quash Subpoena (fp) Modified on 05/09/2001 (Entered: 05/07/2001)

RESPONSE by defendant Warren Properties to motion to quash Subpoena and brief in support [98-1] or in the alternative, Mtn for Evidentiary hrg (fp) (Entered: 05/09/2001)