Case: EEOC v. WESTPHALEN INSURANCE SERVICES, INC.

EEOC v. Westphalen Insurance Services, Inc.

EEOC v. Westphalen Insurance Services, Inc.

EEOC v. Westphalen Insurance Services, Inc.

EEOC v. Westphalen Insurance Services, Inc.

Equal Employment Opportunity Commission v. Westphalen Insurance Services Inc.

EEOC v. Westphalen Insurance Services, Inc.

Equal Employment Opportunity Commission v. Westphalen Insurance Services Inc.

Equal Employment Opportunity Commission v. Westphalen Insurance Services Inc.

EEOC v. Westphalen Insurance Services, Inc.

EEOC v. Westphalen Insurance Services, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT against Westphalen Insurance Services Inc (Filing fee $ 150.), filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(cjs, ) (Entered: 09/01/2004)

PRAECIPE for and issued 1 Summons by Equal Employment Opportunity Commission. (cjs, ) (Entered: 09/01/2004)

ENTRY of Appearance by Michelle M Robertson on behalf of Equal Employment Opportunity Commission (cjs, ) (Entered: 09/01/2004)

Summons Returned Unexecuted by Equal Employment Opportunity Commission as to Westphalen Insurance Services Inc. (Robertson, Michelle) (Entered: 09/10/2004)

PRAECIPE for and issued 1 summons by Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/10/2004)

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Westphalen Insurance Services Inc served on 9/14/2004, answer due 10/4/2004. (Robertson, Michelle) (Entered: 09/23/2004)

Answer by Westphalen Insurance Services Inc.(Smith, Curtis) (Entered: 10/04/2004)

ENTRY of Appearance by Curtis L Smith on behalf of Westphalen Insurance Services Inc (Smith, Curtis) (Entered: 10/04/2004)

ENTRY of Appearance by Kelly L Whitworth on behalf of Westphalen Insurance Services Inc (Whitworth, Kelly) (Entered: 10/04/2004)

MOTION to Intervene by Alisha Williams, Susan Solis, Terry Fitzgerald. (Attachments: # 1 Attachment 1 - Intervenor Complaint# 2 Attachment 2 - Determination Letter, Fitzgerald# 3 Attachment 3 - Determination Letter, Solis# 4 Attachment Determination Letter, Williams)(Glapion, Raphael) (Entered: 10/07/2004)

ENTRY of Appearance by Raphael T Glapion on behalf of Terry Fitzgerald, Susan Solis, Alisha Williams (Glapion, Raphael) (Entered: 10/08/2004)

ENTRY of Appearance by Edward L White on behalf of Terry Fitzgerald, Susan Solis (White, Edward) (Entered: 10/08/2004)

ENTRY of Appearance by Edward L White on behalf of Alisha Williams (White, Edward) (Entered: 10/08/2004)

ORDER granting 10 Terry Fitzgerald, Susan Solis and Alicia Williams' Motion to Intervene. Terry Fitzgerald, Susan Solis and Alicia Williams' shall file their Intervenors' Complaint within 10 days of the date of this Order . Signed by Judge Vicki Miles-LaGrange on 10/12/2004. (ks) (Entered: 10/12/2004)

INTERVENOR COMPLAINT, filed by Terry Fitzgerald, Susan Solis, Alisha Williams. (Attachments: # 1 Attachment 1 - Determination letter (Fitzgerald)# 2 Attachment 2 - Determination letter (Solis)# 3 Attachment Determination letter (Williams))(Glapion, Raphael) (Entered: 10/12/2004)

Docket Annotation: Party Gary Westphalen added to the case upon the filing of the Intervenor Complaint on 10/12/2004. (ar, )

PRAECIPE for and issued 2 summonses by Terry Fitzgerald, Susan Solis, Alisha Williams. (Glapion, Raphael) (Entered: 10/13/2004)

SUMMONS Returned Executed by Terry Fitzgerald, Susan Solis, Alisha Williams. Gary Westphalen served on 10/18/2004, answer due 11/8/2004. (Glapion, Raphael) (Entered: 10/22/2004)

SUMMONS Returned Executed by Terry Fitzgerald, Susan Solis, Alisha Williams. Westphalen Insurance Services Inc served on 10/18/2004, answer due 11/8/2004. (Glapion, Raphael) (Entered: 10/22/2004)

AMENDED ANSWER to Complaint by Westphalen Insurance Services Inc. (Smith, Curtis) (Entered: 10/25/2004)

ANSWER to Intervenor Complaint by Gary Westphalen, Westphalen Insurance Services Inc.(Smith, Curtis) (Entered: 11/02/2004)

MOTION to Dismiss Claims of Plaintiff Intervenors for Failure to State a Claim Upon Which Relief Can Be Granted and Brief in Support by Gary Westphalen, Westphalen Insurance Services Inc. (Smith, Curtis) (Entered: 11/02/2004)

RESPONSE to Motion re 21 MOTION to Dismiss Claims of Plaintiff Intervenors for Failure to State a Claim Upon Which Relief Can Be Granted and Brief in Support filed by Terry Fitzgerald, Susan Solis, Alisha Williams. (Attachments: # 1 Exhibit 1 - letter from Edward White to Curtis Smith# 2 Exhibit 2 - An v. Regents (vic liab case))(Glapion, Raphael) (Entered: 11/22/2004)

MOTION for Leave to File Reply to Plaintiff Intervenors' Response to Motion to Dismiss by Gary Westphalen, Westphalen Insurance Services Inc. (Smith, Curtis) (Entered: 11/23/2004)

ORDER granting 23 defendants' Application for Leave to File Reply to Plaintiff Intervenors' Response to Motion to Dismiss. Defendants shall file their reply on or before December 3, 2004. Signed by Judge Vicki Miles-LaGrange on 11/24/2004. (ks) (Entered: 11/24/2004)

REPLY to Response to Motion re 21 MOTION to Dismiss Claims of Plaintiff Intervenors for Failure to State a Claim Upon Which Relief Can Be Granted and Brief in Support filed by Gary Westphalen, Westphalen Insurance Services Inc. (Smith, Curtis) (Entered: 12/03/2004)

ENTRY of Appearance by Susan F Kane on behalf of Westphalen Insurance Services Inc, Gary Westphalen (Kane, Susan) (Entered: 12/17/2004)

ORDER granting in part and denying in part 21 defendants' Motion to Dismiss Claims of Plaintiff Intervenors for Failure to State a Claim Upon Which Relief Can be Granted. Defendants' Motion as to Gary Westphalen, individually, is Granted as to Causes of Action numbered 1-7 and 10 of the Plaintiff Intervenor's Complaint. Defendants' Motion is Denied as to Plaintiff Intervenors' claims against Westphalen Insurance Services, Inc. contained in Causes of Action numbered 8 and 9 of Plaintiff Intervenor's Complaint. Signed by Judge Vicki Miles-LaGrange on 6/8/2005. (ks) (Entered: 06/08/2005)

CERTIFICATE. (Smith, Curtis) (Entered: 07/12/2005)

MOTION for Protective Order and Brief in Support Thereof by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 - Pltf Intervenors Response to Dfdts' RFP No. 8# 2 Exhibit 2 - Deposition of Susan Solis Glapion)(Smith, Curtis) (Entered: 08/01/2005)

CERTIFICATE of Counsel by Curtis L Smith on behalf of Westphalen Insurance Services Inc, Gary Westphalen (Smith, Curtis) (Entered: 08/04/2005)

ENTRY of Appearance by Suzanne M Anderson on behalf of Equal Employment Opportunity Commission (Anderson, Suzanne) (Entered: 08/16/2005)

RESPONSE in Opposition re 29 MOTION for Protective Order and Brief in Support Thereof filed by Equal Employment Opportunity Commission. (Anderson, Suzanne) (Entered: 08/16/2005)

RESPONSE to Motion re 29 MOTION for Protective Order and Brief in Support Thereof filed by Alisha Williams, Susan Solis, Terry Fitzgerald. (Glapion, Raphael) (Entered: 08/18/2005)

MOTION for Leave to File Reply to Plaintiff Intervenors Motion in Opposition to Defendants' Motion for Protective Order by Westphalen Insurance Services Inc, Gary Westphalen. (Whitworth, Kelly) (Entered: 08/19/2005)

MOTION for Leave to File Reply Brief to Plaintiff EEOC's Response In Opposition to Defendants' Motion for Protective Order and Brief in Support Thereof by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 08/19/2005)

ORDER granting 35 Motion for Leave to File Reply; defendants shall file their reply on or before August 26, 2005 (as more fully set out). Signed by Judge Vicki Miles-LaGrange on 8/22/05. (fp, ) (Entered: 08/22/2005)

ORDER granting 34 Motion for Leave to File Reply; defendants shall file their reply on or before August 26, 2005. . Signed by Judge Vicki Miles-LaGrange on 8/22/05. (fp, ) (Entered: 08/22/2005)

DOCKET: Scheduling Conference set for 10/4/2005 09:40 AM in Chambers before Honorable Vicki Miles-LaGrange. (fp, ) (Entered: 08/24/2005)

REPLY to Response to Motion re 29 MOTION for Protective Order and Brief in Support Thereof filed by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 08/26/2005)

MOTION in Limine and Brief in Support by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 - Jeff Westphalen Deposition)(Kane, Susan) (Entered: 09/26/2005)

STATUS REPORT and Discovery Plan by Plaintiff Equal Employment Opportunity Commission. (Robertson, Michelle) (Entered: 09/26/2005)

ORDER denying 29 defendants' Motion for Protective Order. Signed by Judge Vicki Miles-LaGrange on 9/29/2005. (ks) (Entered: 09/29/2005)

MOTION for Summary Judgment and Brief in Support by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit A - Plaintiff Intervenors' Complaint# 2 Exhibit B - Answer to Plaintiff Intervenors' Complaint# 3 Exhibit C - Charge of Discrimination - Susan Solis# 4 Exhibit D - Statement of Susan Solis# 5 Exhibit E - Charge of Discrimination - Terry Fitzgerald# 6 Exhibit F - Statement of Terry Fitzgerald# 7 Exhibit G - Charge of Discrimination - Alisha Williams# 8 Exhibit H - Statement of Alisha Williams)(Kane, Susan) (Entered: 09/30/2005)

SCHEDULING ORDER: Motions to join due 30 days from the date of this order; Motions to amend due 30 days from the date of this order; Pla witness list due 4/1/2006; Pla exhibit list due 4/1/2006; Dft witness list due 4/11/2006; Dft exhibit list due 4/11/2006; Motions in limine due 5/25/2006; Jury instructions due 5/25/2006; Voir dire requests due 5/25/2006; Trial briefs due 5/25/2006; Proposed Findings of Fact and Conclusions due 5/25/2006; ADR Completion Date due by 1/31/2006. Discovery due by 5/1/2006. Jury Trial set for June 2006 trial docket before Honorable Vicki Miles-LaGrange. Daubert Motions due by 5/1/2006; Dispositive Motions due by 4/1/2006. Pretrial Report due by 5/25/2006. Signed by Judge Vicki Miles-LaGrange on 10/4/2005. Status Scheduling conference was held by Magistrate Judge Bana Roberts on 10/4/2005.(bc, ) (Entered: 10/04/2005)

RESPONSE to Motion re 40 MOTION in Limine and Brief in Support filed by Alisha Williams, Susan Solis, Terry Fitzgerald. (Attachments: # 1 Exhibit 1 - Deposition of Jeff Westphalen# 2 Exhibit 2 - Deposition of Tery Fitzgerald)(Glapion, Raphael) (Entered: 10/13/2005)

RESPONSE in Opposition re 40 MOTION in Limine and Brief in Support filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit #1, Deposition of G. Westphalen# 2 Exhibit #2, Deposition of J. Westphalen# 3 Exhibit #3, Deposition of T. Fitzgerald# 4 Exhibit #4, Statement of T. Fitzgerald)(Robertson, Michelle) (Entered: 10/14/2005)

MOTION for Leave to File Reply Brief to Plaintiff EEOC's Response to Motion in Limine by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 10/18/2005)

MOTION for Leave to File Reply Brief to Plaintiff Intervenors' Response to Motion in Limine by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 10/18/2005)

RESPONSE to Motion re 43 MOTION for Summary Judgment and Brief in Support filed by Alisha Williams, Susan Solis, Terry Fitzgerald. (Attachments: # 1 Exhibit 1 - Statements of Discrimination# 2 Exhibit 2 - Charges of Discrimination# 3 Exhibit 3 - Notices of Charges of Discrimination# 4 Exhibit 4 - Determination Letters# 5 Exhibit 5 - Deposition of Gary Westphalen)(Glapion, Raphael) (Entered: 10/18/2005)

ORDER granting 47 defendants' Application for Leave to File Reply Brief to Plaintiff EEOC's Response to Motion in Limine, and granting 48 defendants' Application for Leave to File Reply Brief to Plaintiff Intervenors' Response to Motion in Limine. Defendants shall file their reply briefs within 7 days of the date of this order. Signed by Judge Vicki Miles-LaGrange on 10/19/2005. (ks) (Entered: 10/19/2005)

MOTION for Leave to File Reply Brief to Plaintiff Intervenors' Response to Defendants' Motion for Summary Judgment by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 10/21/2005)

ORDER granting 51 defendants' Application for Leave to File Reply Brief to Plaintiff Intervenors' Response to Defendants' Motion for Summary Judgment. Defendants shall file their reply brief on or before 10/28/2005. Signed by Judge Vicki Miles-LaGrange on 10/24/2005. (ks) (Entered: 10/24/2005)

REPLY to Response to Motion re 40 MOTION in Limine and Brief in Support, 48 MOTION for Leave to File Reply Brief to Plaintiff Intervenors' Response to Motion in Limine filed by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 - Deposition of Terry Fitzgerald# 2 Exhibit 2 - Statement of Terry Fitzgerald)(Kane, Susan) (Entered: 10/25/2005)

REPLY to Response to Motion re 40 MOTION in Limine and Brief in Support, 47 MOTION for Leave to File Reply Brief to Plaintiff EEOC's Response to Motion in Limine filed by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 - Deposition of Terry Fitzgerald# 2 Exhibit 2 - Statement of Terry Fitzgerald)(Kane, Susan) (Entered: 10/25/2005)

REPLY to Response to Motion re 51 MOTION for Leave to File Reply Brief to Plaintiff Intervenors' Response to Defendants' Motion for Summary Judgment, 43 MOTION for Summary Judgment and Brief in Support filed by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 - Deposition of Susan Solis Glapion# 2 Exhibit 2 - Deposition of Alicia Williams# 3 Exhibit 3 - Deposition of Terry Fitzgerald)(Kane, Susan) (Entered: 10/28/2005)

MOTION for Protective Order by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit A - Proposed Stipulation and Protective Order# 2 Exhibit B - Letters of Correspondence)(Whitworth, Kelly) (Entered: 10/28/2005)

MOTION for Protective Order by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 - proposed Protective Order# 2 Exhibit 2- letters of correspondence)(Whitworth, Kelly) (Entered: 10/31/2005)

Docket Annotation: Please disregard [doc.no.56] filed incorrectly. Attorney to refile. (fp, )

RESPONSE in Opposition re 57 MOTION for Protective Order and brief in support filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-EEOC's Proposed PO# 2 Exhibit 2-Gov't Regulations)(Robertson, Michelle) (Entered: 11/08/2005)

MOTION for Leave to File Reply Brief to Plaintiff EEOC's Response in Opposition to Defendant's Second Motion for Protective Order and Brief in Support Thereof by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 11/10/2005)

ORDER granting 59 defendants' Application for Leave to File Reply Brief to Plaintiff EEOC's Response in Opposition to Defendant's Second Motion for Protective Order. Defendants shall file their reply within 7 days of the date of this order. Signed by Judge Vicki Miles-LaGrange on 11/29/2005. (ks) (Entered: 11/29/2005)

REPLY to Response to Motion re 57 MOTION for Protective Order filed by Westphalen Insurance Services Inc, Gary Westphalen. (Kane, Susan) (Entered: 12/02/2005)

MOTION to Compel Discovery and Brief in Support by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-EEOC Discovery# 2 Exhibit 2-Def's Responses to Discovery# 3 Exhibit 3-Letter from Defendant# 4 Exhibit 4- G. Westphalen Deposition# 5 Exhibit 5-Charges of Discimination# 6 Exhibit 6--J.Westphalen Deposition)(Robertson, Michelle) (Entered: 12/06/2005)

RESPONSE in Opposition re 62 MOTION to Compel Discovery and Brief in Support filed by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 1 - EEOCs Supplemental Set of Requests for Production to Defendant# 2 Exhibit 2 - Defendants Response to EEOCs Supplemental Requests for Production# 3 Exhibit 3 - Deposition of Susan Solis Glapion)(Kane, Susan) (Entered: 12/21/2005)

RESPONSE in Opposition re 62 MOTION to Compel Discovery and Brief in Support (Supplemental) filed by Westphalen Insurance Services Inc, Gary Westphalen. (Attachments: # 1 Exhibit 3 - Westphalen's Supplemental Answers to EEOC's 1st Interrogatories and Requests for Production)(Kane, Susan) (Entered: 12/22/2005)

PROTECTIVE ORDER granting defendants' Motion to Enter Protective Order, as more fully set out in the order. Signed by Judge Vicki Miles-LaGrange on 1/18/2006. (ks) (Entered: 01/18/2006)

PROTECTIVE ORDER, more fully set out in the order. Signed by Judge Vicki Miles-LaGrange on 1/18/2006. (Attachments: # 1 Exhibit A)(ks) (Entered: 01/18/2006)

NOTICE of Change of Address by Edward L White (White, Edward) (Entered: 01/26/2006)

Docket Annotation: Disregard [Doc.#67] Change of Address. Attorney filing document is not the signature on the document. Attorney to refile. (pw, )

NOTICE of Change of Address by Raphael T Glapion (Glapion, Raphael) (Entered: 01/27/2006)

ADR REPORT BY MEDIATOR / EVALUATOR (Barghols, Steven) (Entered: 01/31/2006)

ADMINISTRATIVE CLOSING ORDER: This action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 30 days to obtain final determination, action is deemed dismissed with prejudice. Signed by Judge Vicki Miles-LaGrange on 1/31/2006. (ks) (Entered: 01/31/2006)

UNOPPOSED MOTION to Vacate Administrative Closing Order and Enter Consent Decree by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-Consent Decree & Notice)(Robertson, Michelle) (Entered: 02/13/2006)

STIPULATION of Dismissal With Prejudice by Alisha Williams, Susan Solis, Terry Fitzgerald, Westphalen Insurance Services Inc, Gary Westphalen. (Whitworth, Kelly) (Entered: 02/13/2006)

ORDER granting 71 EEOC's Motion to Vacate the Administrative Closing Order and for Entry of Consent Decree. . Signed by Judge Vicki Miles-LaGrange on 2/15/06. (fp, ) (Entered: 02/15/2006)

ORDER: On the representation of cnsl for Plf Intervenors and Defendants, purs to Rule 41(a)(1) FRCP hereby stipulate to the dismissal w/prejudice of any and all clms Plf Intervenors may hv agnst Dfts, w/each party to bear their own attys' fees and costs, it is ordered that all clms in this action be dismissed w/prejudice to any further action.. Signed by Judge Vicki Miles-LaGrange on 2/15/06. (fp, ) (Entered: 02/15/2006)

ORDER: The parties to this Consent Decree agree to bear their own costs and atty's fees associated with the above-referenced Complaint. The term of this Decree shall be for (3) years from the effective date. The Ct shall retain jurisdiction to enforce the terms of this Decree until the expiration of the term of the Consent Decree. (more fully set out) . Signed by Judge Vicki Miles-LaGrange on 2/15/06. (fp, ) (Entered: 02/15/2006)

ORDER: The parties to this Consent decree agree to bear their own costs and atty's fees associated with the above-referenced Complaint. The term of this Decree shall be for (3) years from the effective date. The Ct shall retain jurisdiction to enforce the terms of this Decree until the expiration of the term of the Consent Decree. (more fully set out). Signed by Judge Vicki Miles-LaGrange on 2/15/06. (Attachments: # 1)(fp, ) (Entered: 02/15/2006)

Docket Annotation: Disregard [doc.no.75] attachment left off in error. will reenter. (fp, )

MOTION to Withdraw as Attorney by Westphalen Insurance Services Inc, Gary Westphalen. (Whitworth, Kelly) (Entered: 05/09/2007)

ORDER granting 77 Motion to Withdraw as Attorney. Attorney Kelly L Whitworth terminated. Signed by Judge Vicki Miles-LaGrange on 5/10/2007. (ks) (Entered: 05/10/2007)