Case: EEOC v. GABEL CONSTRUCTION

1:99-cv-00125 | U.S. District Court for the District of Montana

Filed Date: Sept. 30, 1999

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On September 30, 1999, the Denver office of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against Gabel Construction Company, Inc. in the U.S. District Court for the District of Montana. The EEOC alleged that the defendants had violated the complaintants' rights by unlawfully discriminating against them in the workplace.

On May 13, 2002, the parties reached a settlement, which they filed with the district court on the following day. Since we have only the docket in this case, we have no further information on the terms of the settlement.

Summary Authors

Kristen Sagar (2/14/2008)

Documents in the Clearinghouse

Document

1:99-cv-00125

Docket [PACER]

EEOC v. Gabel Construction

April 29, 2004

April 29, 2004

Docket

Resources

Docket

Last updated Aug. 6, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT AND JURY TRIAL DEMAND - No Summons issued. (CAA) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

2

NOTICE OF ASSIGNMENT to Mag Judge Richard W. Anderson mailed to attorney(s): Vincent White for plaintiff EEOC (CAA) (Entered: 09/30/1999)

Sept. 30, 1999

Sept. 30, 1999

RECEIVED **Received signed form re: consent to USMJ - sealed**** (JWG) (Entered: 10/18/1999)

Oct. 18, 1999

Oct. 18, 1999

3

MOTION by defendant Gabel Construction to dismiss (JWG) (Entered: 12/09/1999)

Dec. 8, 1999

Dec. 8, 1999

4

NOTICE OF ASSIGNMENT to Mag Judge Richard W. Anderson mailed to attorney(s): James R. Halverson for defendant Gabel Construction (JWG) (Entered: 12/09/1999)

Dec. 8, 1999

Dec. 8, 1999

FILE DELIVERED to RWA for review as no brief in support to m/dismiss (JWG) (Entered: 12/16/1999)

Dec. 16, 1999

Dec. 16, 1999

5

ORDER by Mag Judge Richard W. Anderson denying motion to dismiss [3-1] ; case management ddl set for 1/4/00 for dft to further plead (cc: all counsel) (JWG) (Entered: 12/20/1999)

Dec. 20, 1999

Dec. 20, 1999

REMARK received Consent form (left side file) signed by counsel (left side file) (RMW) (Entered: 12/28/1999)

Dec. 27, 1999

Dec. 27, 1999

FILE DELIVERED to RWA for review of consent docs (RMW) (Entered: 12/28/1999)

Dec. 28, 1999

Dec. 28, 1999

6

ORDER by Judge Jack D. Shanstrom Case reassigned to Judge Jack D. Shanstrom , and Case referred to Mag Judge Richard W. Anderson (cc: all counsel) (SLN) (Entered: 01/19/2001)

Dec. 30, 1999

Dec. 30, 1999

7

ANSWER by defendant Gabel Construction complaint [1-1]; jury demand (SLN) (Entered: 01/06/2000)

Jan. 6, 2000

Jan. 6, 2000

8

ORDER by Mag Judge Richard W. Anderson that a Preliminary Pretrial Conference is set for 11:00 3/21/00. The parties shall file & serve prel. pret. stmts by 3/14/00 and predisc. discl. stmts by 3/6/00. (cc: all counsel) (SLN) (Entered: 01/07/2000)

Jan. 7, 2000

Jan. 7, 2000

9

MOTION by plaintiff EEOC for order to appear via Telephone at pretrial conference scheduled for 3/21/00 and to make all arrangements and pay charged (ELL) (Entered: 03/02/2000)

March 2, 2000

March 2, 2000

FILE DELIVERED to RWA for Revidw of #8 Motion w/NO Proposed Order (ELL) (Entered: 03/02/2000)

March 2, 2000

March 2, 2000

10

ORDER by Mag Judge Richard W. Anderson granting motion for order to appear via Telephone at pretrial conference scheduled for 3/21/00 and to make all arrangements and pay charges [9-1] (cc: all counsel) (CAA) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

11

ATTORNEY APPEARANCE for plaintiff EEOC by Nelson G. Alston, Jacqueline A. Gilvard (CAA) (Entered: 03/06/2000)

March 6, 2000

March 6, 2000

12

PREDISCOVERY DISCLOSURE STATEMENT by defendant Gabel Construction (SLN) (Entered: 03/07/2000)

March 7, 2000

March 7, 2000

13

NOTICE by defendant Gabel Construction consenting to ptlf's motion to appear for ppt conf by phone. (SLN) (Entered: 03/07/2000)

March 7, 2000

March 7, 2000

14

MOTION by plaintiff EEOC for leave to file pre-discovery disclosure beyond the deadline (CAA) (Entered: 03/08/2000)

March 8, 2000

March 8, 2000

Lodged proposed order and discovery disclosure and FILE DELIVERED to RWA for review (CAA) (Entered: 03/08/2000)

March 8, 2000

March 8, 2000

15

ORDER by Mag Judge Richard W. Anderson granting motion for leave to file pre-discovery disclosure beyond the deadline [14-1] (cc: all counsel) (CAA) (Entered: 03/09/2000)

March 9, 2000

March 9, 2000

16

PREDISCOVERY DISCLOSURE STATEMENT by plaintiff EEOC (CAA) (Entered: 03/09/2000)

March 9, 2000

March 9, 2000

17

PRELIMINARY PRETRIAL STATEMENT by plaintiff EEOC (ELL) (Entered: 03/13/2000)

March 13, 2000

March 13, 2000

18

PRELIMINARY PRETRIAL STATEMENT by defendant Gabel Construction (ELL) (Entered: 03/14/2000)

March 14, 2000

March 14, 2000

19

SCHEDULING ORDER Mag Judge Richard W. Anderson ; Preliminary Pretrial Conference held on 3/21/00 and matter placed on General Trial docket & file all Motions for Amendment of pleadings or joinder of new parties by 5-22-00 ; motion brief ddl set for 10/2/00 for Gabel Construction, for EEOC Motion filing: by 10-2-00; Discovery due: by 9-18-00; Status report: week of July 31, 2000; (cc: all counsel) (RMW) (Entered: 03/22/2000)

March 21, 2000

March 21, 2000

20

ATTORNEY APPEARANCE for plaintiff EEOC by Gabrielle Martin (CAA) (Entered: 05/16/2000)

May 16, 2000

May 16, 2000

21

MOTION by defendant Gabel Construction to extend time for dft to file answers to discovery until 6/26/00 (CAA) (Entered: 06/15/2000)

June 15, 2000

June 15, 2000

Lodged proposed order and FILE DELIVERED to RWA for review of unopposed motion (CAA) (Entered: 06/15/2000)

June 15, 2000

June 15, 2000

22

ORDER by Mag Judge Richard W. Anderson granting motion to extend time for dft to file answers to discovery until 6/26/00 [21-1] (cc: all counsel) (ELL) (Entered: 06/20/2000)

June 20, 2000

June 20, 2000

23

STATUS REPORT by plaintiff EEOC (CAA) (Entered: 08/08/2000)

Aug. 8, 2000

Aug. 8, 2000

24

STATUS REPORT by defendant Gabel Construction (CAA) (Entered: 08/09/2000)

Aug. 8, 2000

Aug. 8, 2000

25

MOTION and BRIEF IN SUPPORT by plaintiff EEOC to extend discovery deadline from 9/18/00 to 12/1/00 (ELL) (Entered: 09/07/2000)

Sept. 5, 2000

Sept. 5, 2000

Lodged PROPOSED Order submitted by plaintiff EEOC Re doc #25 Motion to Extend (ELL) (Entered: 09/07/2000)

Sept. 5, 2000

Sept. 5, 2000

26

NOTICE by plaintiff EEOC of taking deposition of Gerald Gabel on 9/13/00 at 9:00 a.m.; Matthew E. Strizich on 9/13/00 at 1:00 p.m.; Curt Brennan on 9/13/00 at 3:00 p.m. and Randy Siemers on 9/11/00 via telephone at 9:00 a.m. PDT.(CAA) Modified on 09/07/2000 (Entered: 09/07/2000)

Sept. 6, 2000

Sept. 6, 2000

FILE DELIVERED to NOB for Review of #25 Motion w/po (ELL) (Entered: 09/07/2000)

Sept. 7, 2000

Sept. 7, 2000

27

NOTICE by defendant Gabel Construction of taking deposition of Susan Kaiser on 9/13/00 at 11:30 a.m. (CAA) Modified on 09/11/2000 (Entered: 09/08/2000)

Sept. 7, 2000

Sept. 7, 2000

28

RESPONSE by defendant Gabel Construction to motion to extend discovery deadline from 9/18/00 to 12/1/00 [25-1] (CAA) Modified on 09/11/2000 (Entered: 09/08/2000)

Sept. 7, 2000

Sept. 7, 2000

29

ORDER by Mag Judge Richard W. Anderson granting motion to extend discovery deadline from 9/18/00 to 12/1/00 [25-1]; motion ddl extended until 12/15/00. (cc: all counsel) (CAA) Modified on 09/11/2000 (Entered: 09/11/2000)

Sept. 11, 2000

Sept. 11, 2000

30

RETURN OF SERVICE by defendant Gabel Construction of deposition subpoena for Susan Kaiser on 9/7/00. (CAA) (Entered: 09/11/2000)

Sept. 11, 2000

Sept. 11, 2000

REMARK - BEGIN VOLUME II W/DOCUMENT #31 ****************** (ELL) (Entered: 09/13/2000)

Sept. 12, 2000

Sept. 12, 2000

31

SUPPLEMENTAL PRE-DISCOVERY DISCLOSURE STATEMENT by defendant Gabel Construction re statement [12-1] (ELL) (Entered: 09/13/2000)

Sept. 12, 2000

Sept. 12, 2000

FILE DELIVERED to JDS for review per NOB (RMW) (Entered: 01/18/2001)

Jan. 18, 2001

Jan. 18, 2001

33

MOTION by plaintiff EEOC for order continuing PPT set for 2-8-01 (RMW) (Entered: 02/01/2001)

Feb. 1, 2001

Feb. 1, 2001

Lodged proposed Order and FILE DELIVERED to JDS for review of # 33 (RMW) (Entered: 02/01/2001)

Feb. 1, 2001

Feb. 1, 2001

34

ORDER by Judge Jack D. Shanstrom granting motion for order continuing FPT set for 2-8-01 [33-1] ; pretrial order ddl reset for 4/26/01 ; final pretrial conference reset for 9:00 4/26/01 (cc: all counsel) (RMW) (Entered: 02/02/2001)

Feb. 2, 2001

Feb. 2, 2001

FILE DELIVERED to RMW desk for reset FPT (RMW) (Entered: 04/18/2001)

April 18, 2001

April 18, 2001

FILE DELIVERED to JDS for reset FPT to 9 AM on May 16, 2001 (RMW) (Entered: 04/19/2001)

April 19, 2001

April 19, 2001

35

NOTICE by plaintiff EEOC of Designation of Deposition Testimony for reading into the Courts record at trial with regard to Jerry Joseph Driscoll (SLN) (Entered: 04/19/2001)

April 19, 2001

April 19, 2001

36

NOTICE by plaintiff EEOC OF Designation of Deposition Testimony for reading into the Courts record at trial with regard to Jim R. Driscoll. (SLN) (Entered: 04/19/2001)

April 19, 2001

April 19, 2001

37

ORDER by Judge Jack D. Shanstrom that the final pret. conf currently set for 4/26/01 is VACATED and the final pretrial conference is RESET for 9:00 a.m. on 5/16/01 (cc: all counsel) (SLN) (Entered: 04/19/2001)

April 19, 2001

April 19, 2001

FILE DELIVERED to RMW desk for reset FPT (RMW) (Entered: 05/07/2001)

May 7, 2001

May 7, 2001

FILE DELIVERED to JDS office for reset FPT to 6-22-01 at 9 AM (RMW) (Entered: 05/08/2001)

May 8, 2001

May 8, 2001

38

SCHEDULING ORDER Judge Jack D. Shanstrom that on the Court's own Motion, the FPT set for May 16, 2001 is vacated and reset: ; final pretrial conference reset for 9:00 6/22/01 (cc: all counsel) (RMW) (Entered: 05/14/2001)

May 14, 2001

May 14, 2001

39

MOTION by defendant Gabel Construction for order denying the admission of hearsay stmts of Curt Brennan (CAA) (Entered: 05/18/2001)

May 16, 2001

May 16, 2001

40

MEMORANDUM/BRIEF by defendant Gabel Construction in support of motion for order denying the admission of hearsay stmts of Curt Brennan [39-1] (CAA) (Entered: 05/18/2001)

May 16, 2001

May 16, 2001

FILE DELIVERED to JDS (LB) for review (SLN) (Entered: 05/24/2001)

May 24, 2001

May 24, 2001

41

RESPONSE in Opposition to and Reply Brief filed by plaintiff EEOC in response to Deft Brief in Opp to Plaintiff motion for order denying the admission of hearsay stmts of Curt Brennan [39-1] (RMW) (Entered: 05/29/2001)

May 29, 2001

May 29, 2001

FILE DELIVERED to JDS for review Motion re Hearsay (RMW) (Entered: 05/29/2001)

May 29, 2001

May 29, 2001

42

REPLY by defendant Gabel Construction to response to motion for order denying the admission of hearsay stmts of Curt Brennan [39-1] file delivered to: RWA (CAA) (Entered: 06/07/2001)

June 6, 2001

June 6, 2001

43

Proposed Final PRE-TRIAL ORDER filed by cnsl for dft and pltf . Trial Days # 3 days or less. (SLN) (Entered: 06/14/2001)

June 14, 2001

June 14, 2001

44

ORDER by Judge Jack D. Shanstrom that on the Court's own Motion, the FPT set for 6-22-01 is vacated without resetting at this time & ; final pretrial conference vacated on 6/15/01 (cc: all counsel) (RMW) (Entered: 06/20/2001)

June 15, 2001

June 15, 2001

REMARK # 44 was held until this date - setting was under consideration by Judges Shanstrom & Cebull and cpy of Order FAXed today to Judge Cebull on request, and to counsels for their information. (RMW) (Entered: 06/20/2001)

June 20, 2001

June 20, 2001

REMARK - Received Plaintiff's Exhibit Lists and attachments and placed in file. (ELL) (Entered: 06/22/2001)

June 20, 2001

June 20, 2001

45

ORDER by Mag Judge Richard W. Anderson granting motion for order denying the admission of hearsay stmts of Curt Brennan [39-1] (cc: all counsel) (ELL) (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

46

MOTION by defendant Gabel Construction in limine to exclude ptlf's hearsay pursuant to Rule 803, Fed R. Evid (SLN) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

47

MEMORANDUM/BRIEF by defendant Gabel Construction in support of motion in limine to exclude ptlf's hearsay pursuant to Rule 803, Fed R. Evid [46-1] (SLN) (Entered: 06/29/2001)

June 29, 2001

June 29, 2001

48

MOTION by plaintiff EEOC in limine regarding dft's proposed presentation of a jack hammer as real or illustrative evidence (SLN) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

49

AFFIDAVIT of Nelson Alston's re [48-1] pltf's moiton in limine regarding dft's proposed presentation of a jack hammer as real or illustrative evidence (SLN) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

50

RESPONSE by plaintiff EEOC to dft's motion in limine to exclude ptlf's hearsay pursuant to Rule 803, Fed R. Evid [46-1] (SLN) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

51

AFFIDAVIT of Nelson Alston in re response to dft's Motion in limine to exclude hearsay evidence [50-1] (SLN) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

FILE DELIVERED to motions drawer for 7/25/01 (SLN) (Entered: 07/12/2001)

July 12, 2001

July 12, 2001

FILE DELIVERED to RWA (KJ) for Review (ELL) (Entered: 07/23/2001)

July 23, 2001

July 23, 2001

52

REPLY by defendant Gabel Construction to response to motion in limine to exclude ptlf's hearsay pursuant to Rule 803, Fed R. Evid [46-1] file delivered to: RWA (CAA) (Entered: 07/24/2001)

July 23, 2001

July 23, 2001

53

RESPONSE by defendant Gabel Construction to motion in limine regarding dft's proposed presentation of a jack hammer as real or illustrative evidence [48-1] (CAA) (Entered: 07/24/2001)

July 23, 2001

July 23, 2001

FILE DELIVERED to RWA (KJ) for review of fully briefed motion (CAA) (Entered: 07/25/2001)

July 25, 2001

July 25, 2001

54

REPLY by plaintiff EEOC to response to motion in limine regarding dft's proposed presentation of a jack hammer as real or illustrative evidence [48-1] file delivered to: RWA (ELL) (Entered: 08/03/2001)

Aug. 3, 2001

Aug. 3, 2001

55

ORDER by Mag Judge Richard W. Anderson denying plaintiff's motion in limine regarding dft's proposed presentation of a jack hammer as real or illustrative evidence [48-1], granting defendant's motion in limine o exclude the testimony of the Kountz memorandum and denying the motion in limine with respect to the testimony of Randy Seimers. (cc: all counsel) (CAA) (Entered: 08/27/2001)

Aug. 27, 2001

Aug. 27, 2001

FILE DELIVERED to Kurt for review (SEALED) (Entered: 10/02/2001)

Oct. 2, 2001

Oct. 2, 2001

56

ORDER by Judge Jack D. Shanstrom recusing himself from further proceedings in this case. This matter shall be referred to Chief Judge Donald W. Molloy for reassignment to the Hon. Richard F. Cebull for all further proceedings. (cc: all counsel) (ELL) (Entered: 10/12/2001)

Oct. 12, 2001

Oct. 12, 2001

REMARK - Mailed copy of Order #56 to Sandy Persha for Judge Molloy's review. (ELL) (Entered: 10/12/2001)

Oct. 12, 2001

Oct. 12, 2001

57

ORDER by Judge Donald W. Molloy regarding the Order of Judge Shanstrom recusing himself from this case [56-1], and the Case is reassigned to Judge Richard F. Cebull (cc: all counsel) (SLN) (Entered: 10/21/2001)

Oct. 18, 2001

Oct. 18, 2001

FILE DELIVERED to RFC for setting a sched conf. (SLN) (Entered: 10/21/2001)

Oct. 21, 2001

Oct. 21, 2001

58

ORDER by Judge Richard F. Cebull that a 2nd Preliminary Pretrial Conference is set for 10:00 am on 11/20/01 (cc: all counsel) (SLN) (Entered: 10/24/2001)

Oct. 24, 2001

Oct. 24, 2001

59

SCHEDULING ORDER Judge Richard F. Cebull ; jury trial set for 9:00 2/4/02 ; Preliminary Pretrial Conference held on 11/20/01 ; final pretrial conference set for 10:00 1/25/02 ; motion brief ddl set for 12/20/01 for EEOC, for Gabel Construction Motion filing: 12/20/01; Discovery due: 12/4/01 ; Status report: n/a; All instructions regarding filing jury instructions, voir dire and exhibits are set forth in this order. (cc: all counsel) (SLN) (Entered: 11/25/2001)

Nov. 21, 2001

Nov. 21, 2001

60

ORDER by Judge Richard F. Cebull that on the Court's own Motion, the FPT set for 1/25/02 and the JuryTrial set for 2/4/02 are vacated and ; final pretrial conference vacated on 1/15/02 ; Jury trial vacated 1/15/02 ; status hearing set for 9:30 1/31/02 byphone & lead cos shall participate (cc: all counsel) (RMW) (Entered: 01/15/2002)

Jan. 15, 2002

Jan. 15, 2002

61

SCHEDULING ORDER Judge Richard F. Cebull purs to phone sch conference & ; jury trial reset for 9:00 4/9/02 ; final pretrial conference reset for 2:00 4/8/02 and deadline for FPT Order & proposed Jury Instructions & trial Briefs & Notice of Intent to use CD ROM & Video conferencing & real time is March 25, 2002 (cc: all counsel) (RMW) (Entered: 02/01/2002)

Feb. 1, 2002

Feb. 1, 2002

63

TRIAL brief submitted by plaintiff EEOC (RMW) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

64

Proposed JURY INSTRUCTIONS submitted by plaintiff EEOC (RMW) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

65

Proposed JURY INSTRUCTIONS submitted by plaintiff EEOC (RMW) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

66

Stipulated JURY INSTRUCTIONS submitted by defendant Gabel Construction, plaintiff EEOC (RMW) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

REMARK disk submitted by Plaintiff. (RMW) (Entered: 03/26/2002)

March 25, 2002

March 25, 2002

67

ORDER by Judge Richard F. Cebull that on the Court's own Order, the FPt set for 4/8/02 and the jury trial set for 4/9/02 are vacated & lead co shall participate in phone sch conf on April 25, 2002 at 9 AM & the dates for submission of the FPT Order & Jury Instructions will be reset at the Sch Conf ; final pretrial conference vacated on 3/26/02 ; Jury trial vacated 3/26/02 ; Phone scheduling/status hearing set for 9:00 4/25/02 (cc: all counsel) (RMW) (Entered: 03/26/2002)

March 26, 2002

March 26, 2002

68

RETURN OF SERVICE by defendant Gabel Construction of deposition subpoena; served upon Jim Driscoll on 3/19/02 (TMD) (Entered: 04/16/2002)

April 15, 2002

April 15, 2002

69

RETURN OF SERVICE by defendant Gabel Construction of deposition subpoena served upon Jeff Stricker on 3/13/02 (TMD) (Entered: 04/16/2002)

April 15, 2002

April 15, 2002

70

RETURN OF SERVICE by defendant Gabel Construction of deposition subpoena served upon Pat Todd on 3/14/02 (TMD) (Entered: 04/16/2002)

April 15, 2002

April 15, 2002

71

RETURN OF SERVICE by defendant Gabel Construction of deposition subpoena served upon Annette Sand on 3/13/02 (TMD) (Entered: 04/16/2002)

April 15, 2002

April 15, 2002

72

ORDER by Judge Richard F. Cebull ; Status hearing held 4/25/02 (cc: all counsel) (RMW) (Entered: 04/26/2002)

April 26, 2002

April 26, 2002

72

SCHEDULING ORDER Judge Richard F. Cebull ; jury trial set for 9:00 6/11/02 ; final pretrial conference set for 1:30 6/10/02 (cc: all counsel) (RMW) (Entered: 04/26/2002)

April 26, 2002

April 26, 2002

73

ORDER by Judge Richard F. Cebull that matter is referred to US Mag Judge Carolyn Ostby for limited purpose of conducting a formal settlement conf & arrangements & scheduing of the conf will be by Order of Judge Ostby (cc: all counsel) (RMW) (Entered: 04/26/2002)

April 26, 2002

April 26, 2002

REMARK cpy of # 73 to Judge Ostby with inquiry - would she like us to send file to her (RMW) (Entered: 04/26/2002)

April 26, 2002

April 26, 2002

Case Details

State / Territory: Montana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Key Dates

Filing Date: Sept. 30, 1999

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Gabel Construction Company, Inc., Private Entity/Person

Case Details

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Disparate Treatment

EEOC-centric:

Direct Suit on Merits