Case: EEOC v. K&B Louisiana Corporation (d/b/a Rite Aid)

EEOC v. K&B Louisiana Corporation

U.S. Court of Appeals for the Fifth Circuit

EEOC v. Rite Aid Corp et al

EEOC v. Rite-Aid Corporation

EEOC v. K&B Louisiana Corporation

EEOC v. Rite Aid Corporation

EEOC v. K&B Louisiana Corporation

EEOC v. K&B Louisiana Corporation

EEOC v. K&B Louisiana Corporation

EEOC v. K&B Louisiana Corporation

EEOC v. K&B Louisiana Corporation

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed; jury demand (Dean, S) (Entered: 10/06/2000)

Amount of fee $ 0/USA . (Gilmer, P) (Entered: 10/04/2000)

CASE ASSIGNED to Magistrate Judge James D Kirk for Discovery (Dean, S) (Entered: 10/06/2000)

Amount of fee $ 0/USA . (Gilmer, P)

CASE ASSIGNED to Magistrate Judge James D Kirk for Discovery (Dean, S)

ANSWER to Complaint; jury demand and CNTERCLM by Rite Aid Corp against E E O C (Berry, D) (Entered: 11/16/2000)

NOTICE by K & B LA Corp to take deposition of Johnny L Williams on January 24, 2001 at 10:00 AM in Monroe, LA 71201 (Berry, D) (Entered: 12/06/2000)

MOTION by E E O C to amend [1-1] complaint with Proposed Order and Proposed Amended Complaint referred to Magistrate Judge James D Kirk (w/consent) (Berry, D) (Entered: 12/28/2000)

ORDER granting [4-1] motion to amend [1-1] complaint (signed by Magistrate Judge James D Kirk) NOE by: db (Berry, D) (Entered: 01/02/2001)

AMENDED COMPLAINT by E E O C; (Answer due 1/8/01 for K & B LA Corp) amending [1-1] complaint; jury demand (Berry, D) (Entered: 01/02/2001)

ANSWER by E E O C to [2-2] counter claim (Dean, S) (Entered: 01/16/2001)

ANSWER by K & B LA Corp to amended complaint; jury demand (Berry, D) (Entered: 01/18/2001)

SCHEDULING ORDER: Jury Trial set for 9:00AM on 10/1/01; Pretrial Conference for 1:30PM on 9/6/01; Pretrial order to be submitted on or before 5:00PM on 9/4/01; Joining of parties, amding of pleadings on 2/23/01; Witness list due 4/4/01; Pltf's expert info/rpts due 4/24/01; Dft's expert info/rpts due 5/24/01; Discovery due 5/24/01; Deadline for filing of motions 6/8/01; Expert depositions due 7/18/01; Deadline to prepare PT stips set for 8/15/01; Motions in limine due 8/22/01; Trial inst., interr, etc due 9/4/01; Trial depositions due 9/4/01 deadlines set before Judge G James (signed by Angine Carroll for Robert G James) NOE by: db (Berry, D) (Entered: 02/07/2001)

MOTION w/brief by K & B LA Corp for protective order with Proposed Order referred to Magistrate Judge James D Kirk (Berry, D) (Entered: 02/12/2001)

MOTION w/brief by K & B LA Corp for protective order with Proposed Order referred to Magistrate Judge James D Kirk (Berry, D) (Entered: 02/12/2001)

RESPONSE by E E O C in opposition to [10-1] motion for protective order (former employee) (Entered: 02/15/2001)

REPLY by K & B LA Corp to response to [10-1] motion for protective order (former employee) (Entered: 02/15/2001)

MEMORANDUM RULING granting [10-1] motion for protective order (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 02/15/2001)

MOTION w/brief by K & B LA Corp to compel and to traverse the EEOC's Responses to Interrogatories and Requests for Production of Documents WITH EXHIBITS (Berry, D) (Entered: 02/26/2001)

NOTICE OF SETTING: Motion day set on 5/3/01 for [14-1] motion to compel and [14-2] motion to traverse the EEOC's Responses to Interrogatories and Requests for Production of Documents before Magistrate Judge James D Kirk. NOE by: db (Berry, D) (Entered: 02/26/2001)

RESPONSE (entitled "Affidavit of George D Fagan") by K & B LA Corp to [13-1] order (Berry, D) (Entered: 02/26/2001)

MEMORANDUM by E E O C in opposition to [14-1] motion to compel, [14-2] motion to traverse the EEOC's Responses to Interrogatories and Requests for Production of Documents WITH EXHIBITS (Berry, D) (Entered: 03/08/2001)

ORDER: After review of the affidavit filed showing total time and expenses regarding the discovery matter, IT IS ORDERED that Yancy A Carter pay to defendant Rite Aid Corporation the sum of $1,820.00 which sum shall be paid no later than 3/30/01 (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 03/16/2001)

PRELIMINARY WITNESS LIST by E E O C (Berry, D) (Entered: 03/28/2001)

MOTION w/brief by E E O C to stay Magistrate Kirk's March 15, 2001 Order and/or to extend time within which EEOC can comply with the Order and appealing Magistrate's Ruling dated March 15,2001 for sanctions referred to Judge Robert G James (Berry, D) (Entered: 03/30/2001)

MOTION by E E O C to expedite consideration of [20-1] motion to stay Magistrate Kirk's March 15, 2001 Order, [20-2] motion to extend time within which EEOC can comply with the Order, [20-3] motion appealing Magistrate's Ruling dated March 15,2001 for sanctions with Proposed Order referred to Judge Robert G James (Berry, D) (Entered: 03/30/2001)

ORDER denying as moot [21-1] motion to expedite consideration of [20-1] motion to stay Magistrate Kirk's March 15, 2001 Order, [20-2] motion to extend time within which EEOC can comply with the Order, [20-3] motion appealing Magistrate's Ruling dated March 15,2001 for sanctions. Court denies [20-1] motion to stay Magistrate Kirk's March 15, 2001 Order, denies [20-2] motion to extend time within which EEOC can comply with the Order, denies [20-3] motion appealing Magistrate's Ruling dated March 15,2001 for sanctions and Court affirms the Magistrate Judge's [18-1] order (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 04/02/2001)

WITNESS LIST by K & B LA Corp (Berry, D) (Entered: 04/02/2001)

PROPOSED ORDER Returned Unsigned re: [21-1] motion to expedite consideration of [20-1] motion to stay Magistrate Kirk's March 15, 2001 Order, [20-2] motion to extend time within which EEOC can comply with the Order, [20-3] motion appealing Magistrate's Ruling dated March 15,2001 for sanctions, [20-1] motion to stay Magistrate Kirk's March 15, 2001 Order, [20-2] motion to extend time within which EEOC can comply with the Order, [20-3] motion appealing Magistrate's Ruling dated March 15,2001 for sanctions. See Order dated 3/3/01. NOE by: db (Berry, D) (Entered: 04/03/2001)

MOTION w/brief by E E O C to certify Order as a Final Judgment with Proposed Order referred to Judge Robert G James (Berry, D) (Entered: 04/09/2001)

NOTICE OF APPEAL by Yancy A Carter from [22-1] entered on 3/30/01 by Judge Robert G James. Fee Status NOT PAID (Joffrion, B) (Entered: 04/09/2001)

TRANSMITTAL of Notice of Appeal and Certified Copy of Docket to USCA: [26-1] appeal NOE to Judge Robert G James, Courtroom Deputy and Attorneys: Yancy A Carter w/fee letter, George D Fagan, Keith T Hill, Michelle T Butler (Joffrion, B) (Entered: 04/09/2001)

TRANSMITTAL of Notice of Appeal and Certified Copy of Docket to USCA: [26-1] appeal NOE to Judge Robert G James, Courtroom Deputy and Attorneys: Yancy A Carter w/fee letter, George D Fagan, Keith T Hill, Michelle T Butler (Joffrion, B)

ORDER denying [25-1] motion to certify Order as a Final Judgment. (signed by Judge Robert G James) NOE by: bp (Prest, B) (Entered: 04/11/2001)

NOTICE of Docketing ROA from USCA Re: [26-1] appeal USCA NUMBER: 01-30448 (Joffrion, B) (Entered: 04/16/2001)

NOTICE of Docketing ROA from USCA Re: [26-1] appeal USCA NUMBER: 01-30448 (Joffrion, B)

USCA appeal fees received from Yancy A Carter regarding [26-1] appeal; Fee Status PAID, Filing fee $105.00, Receipt #95131; NOE by BKJ (Joffrion, B) (Entered: 04/25/2001)

USCA appeal fees received from Yancy A Carter regarding [26-1] appeal; Fee Status PAID, Filing fee $105.00, Receipt #95131; NOE by BKJ (Joffrion, B)

JUDGMENT OF USCA (certified copy) Re: [26-1] appeal; pursuant to motion of appellant the appeal is dismissed. NOE to Judge Robert G James and Courtroom Deputy (Joffrion, B) (Entered: 05/07/2001)

MOTION w/brief by K & B LA Corp for protective order with Proposed Order referred to Magistrate Judge James D Kirk WITH EXHIBITS (Berry, D) (Entered: 05/11/2001)

MOTION by K & B LA Corp to expedite consideration of [29-1] motion for protective order with Proposed Order referred to Magistrate Judge James D Kirk (Berry, D) (Entered: 05/11/2001)

MEMORANDUM by E E O C in opposition to [29-1] motion for protective order (Berry, D) (Entered: 05/17/2001)

MINUTE ENTRY: granting [30-1] motion to expedite consideration of [29-1] motion for protective order, denying [29-1] motion for protective order (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 05/30/2001)

Status conference held (former employee) (Entered: 05/30/2001)

Status conference held (former employee)

MOTION by E E O C to amend [1-1] complaint with Proposed Order and Proposed Amended Complaint referred to Magistrate Judge James D Kirk (w/consent) (Berry, D) (Entered: 06/04/2001)

MOTION w/brief by K & B LA Corp to extend time for filing of dispositive motions with Proposed Order referred to Judge Robert G James (consent sought) (Berry, D) (Entered: 06/07/2001)

ORDER granting [34-1] motion to extend time for filing of dispositive motions reset scheduling order deadlines: Deadline for filing of all motions by 6/18/01 before Judge Robert G James (signed by Judge Robert G James) NOE by: dd (Dickerson, D) (Entered: 06/11/2001)

ORDER granting [33-1] motion to amend [1-1] complaint (signed by Magistrate Judge James D Kirk) NOE by: db (Berry, D) (Entered: 06/13/2001)

AMENDED COMPLAINT by E E O C, (Answer due 6/22/01 for K & B LA Corp) amending [1-1] complaint; jury demand (Berry, D) (Entered: 06/13/2001)

DEFICIENCY NOTICE to counsel for K & B LA Corp re: motion for leave to file memorandum in support of motion for summary judgment in excess of page limit submitted on 6/18/01. Reason: statement of facts is not an original. NOE by sem (McInnis, S) (Entered: 06/18/2001)

NOTICE by K & B LA Corp of Additional Counsel of Record (McInnis, S) (Entered: 06/19/2001)

MOTION by K & B LA Corp for leave to file memorandum exceeding page limit with Proposed Order, Proposed Motion for Summary Judgment and Proposed Statement of Facts referred to Judge Robert G James (held due to deficiency) (Berry, D) (Entered: 06/22/2001)

ORDER granting [40-1] motion for leave to file memorandum exceeding page limit (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 06/28/2001)

STATEMENT of material facts by K & B LA Corp regarding [42-1] motion for summary judgment as to Rule 56 of FRCP, [42-2] motion for partial summary judgment as the Court deems appropriate (Berry, D) (Entered: 06/28/2001)

MOTION w/brief by K & B LA Corp for summary judgment as to Rule 56 of FRCP and alternatively for partial summary judgment as the Court deems appropriate WITH EXHIBITS (Berry, D) Modified on 06/28/2001 (Entered: 06/28/2001)

NOTICE OF SETTING: Motion day set on 8/23/01 for [42-1] motion for summary judgment as to Rule 56 of FRCP and for [42-2] motion for partial summary judgment as the Court deems appropriate before Judge Robert G James. NOE by: db (Berry, D) (Entered: 07/05/2001)

ORDER denying as moot [14-1] motion to compel, denying as moot [14-2] motion to traverse the EEOC's Responses to Interrogatories and Requests for Production of Documents (signed by Magistrate Judge James D Kirk) NOE by: mll (Leleux, M) (Entered: 07/05/2001)

MEMORANDUM by E E O C in opposition to [42-1] motion for summary judgment as to Rule 56 of FRCP, [42-2] motion for partial summary judgment as the Court deems appropriate WITH EXHIBITS (McInnis, S) Modified on 07/20/2001 (Entered: 07/20/2001)

STATEMENT of material facts by E E O C regarding [42-1] motion for summary judgment as to Rule 56 of FRCP, [42-2] motion for partial summary judgment as the Court deems appropriate (McInnis, S) (Entered: 07/20/2001)

UNOPPOSED MOTION by K & B LA Corp to continue October 1, 2001 Trial Date with Proposed Order referred to Judge Robert G James (Berry, D) (Entered: 08/16/2001)

MOTION by K & B LA Corp for oral argument re: its motion for summary judgment set for 8/23/01 with Proposed Order referred to Judge Robert G James (Berry, D) (Entered: 08/16/2001)

ORDER granting [48-1] motion to continue October 1, 2001 Trial Date. Clerk of Court shall reset the matter for a jury trial to take place on the Court's regularly available jury trial date in 2002 (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 08/20/2001)

ORDER denying [49-1] motion for oral argument re: its motion for summary judgment set for 8/23/01 (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 08/20/2001)

Deadline updated; Jury Trial is continued to be reset on the Court's next regularly available jury trial date in 2002 before Judge Robert G James (Berry, D) (Entered: 08/20/2001)

Deadline updated; Jury Trial is continued to be reset on the Court's next regularly available jury trial date in 2002 before Judge Robert G James (Berry, D)

MEMORANDUM RULING granting in part, denying in part [42-1] motion for summary judgment as to Rule 56 of FRCP, granting in part, denying in part [42-2] motion for partial summary judgment as the Court deems appropriate (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 08/23/2001)

ORDER granting in part, denying in part [42-1] motion for summary judgment as to Rule 56 of FRCP, granting in part, denying in part [42-2] motion for partial summary judgment as the Court deems appropriate (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 08/23/2001)

SCHEDULING ORDER: Jury Trial set for 9:00 5/6/02; Pretrial Conference for 11:30 4/4/02; Pretrial order to be submitted on or before 5:00 4/1/02; amend/joinder 9/21/01; Witness list due 10/31/01; Pltf's expert info/rpts due 11/20/01; Dft's expert info/rpts due 12/20/01; Discovery due 11/20/01; Discovery II due 12/20/01; Dispositive Motions 1/4/02; Expert depositions due 2/13/02; Motions in limine due 3/20/02; deadlines set before Judge Robert G James (signed by Deputy Clerk Angie Carroll) NOE by: cww (Whidden, C) (Entered: 09/21/2001)

SECOND MOTION w/brief by K & B LA Corp for summary judgment as to Rule 56 of FRCP WITH EXHIBITS (Berry, D) Modified on 09/26/2001 (Entered: 09/26/2001)

SECOND MOTION w/brief by K & B LA Corp for summary judgment as to Rule 56 of FRCP WITH EXHIBITS (Berry, D) Modified on 09/26/2001 (Entered: 09/26/2001)

STATEMENT of material facts by K & B LA Corp regarding [55-1] motion for summary judgment as to Rule 56 of FRCP (Berry, D) (Entered: 09/26/2001)

NOTICE OF SETTING: Motion day set on 11/22/01 for [55-1] motion for summary judgment as to Rule 56 of FRCP before Judge Robert G James. NOE by: db (Berry, D) (Entered: 09/26/2001)

MEMORANDUM by E E O C in opposition to [55-1] motion for summary judgment as to Rule 56 of FRCP WITH EXHIBITS (Berry, D) Modified on 10/11/2001 (Entered: 10/11/2001)

STATEMENT of material facts by E E O C regarding [55-1] motion for summary judgment as to Rule 56 of FRCP (Berry, D) (Entered: 10/11/2001)

WITNESS LIST by E E O C (Berry, D) (Entered: 10/24/2001)

WITNESS LIST by K & B LA Corp (Berry, D) (Entered: 10/25/2001)

MOTION by K & B LA Corp for leave to file Reply Brief with Proposed Order and Proposed Reply Brief referred to Judge Robert G James (Berry, D) (Entered: 11/06/2001)

ORDER granting [62-1] motion for leave to file Reply Brief (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 11/09/2001)

REPLY by K & B LA Corp to response to [55-1] motion for summary judgment as to Rule 56 of FRCP (Berry, D) (Entered: 11/09/2001)

AMENDED WITNESS LIST by E E O C (Joffrion, B) (Entered: 11/14/2001)

MEMORANDUM RULING denying [55-1] motion for summary judgment as to Rule 56 of FRCP (signed by Judge Robert G James) NOE by: dd (Dickerson, D) (Entered: 11/15/2001)

ORDER denying [55-1] motion for summary judgment as to Rule 56 of FRCP (signed by Judge Robert G James) NOE by: dd (Dickerson, D) (Entered: 11/15/2001)

SETTLEMENT CONFERENCE ORDER; set settlement conference for 9:00 12/12/01 before Magistrate Judge James D Kirk . (signed by Magistrate James D Kirk) NOE by: sjd (Dean, S) (Entered: 11/28/2001)

MINUTE ENTRY: Parties are ordered to mediate this matter befor Magistrate Judge James D Kirk on 12/12/01. Set mediation for 12/12/01 before Magistrate Judge James D Kirk (signed by Judge Robert G James) NOE by: db (Berry, D) (Entered: 11/30/2001)

UNOPPOSED MOTION by E E O C for Rule 16(a) pretrial conference with Proposed Order referred to Judge Robert G James (Berry, D) (Entered: 01/14/2002)

EXPEDITED MOTION by E E O C to extend discovery deadline with Proposed Order referred to Magistrate Judge James D Kirk (w/consent) (Berry, D) Modified on 01/17/2002 (Entered: 01/17/2002)

EXPEDITED MOTION by E E O C to extend discovery deadline with Proposed Order referred to Magistrate Judge James D Kirk (w/consent) (Berry, D) Modified on 01/17/2002 (Entered: 01/17/2002)

RESPONSE by K & B LA Corp to [70-1] motion for Rule 16(a) pretrial conference (Berry, D) (Entered: 01/17/2002)

ORDER granting [71-1] motion to extend discovery deadline. Reset discovery due 2/20/02 (signed by Magistrate Judge James D Kirk) NOE by: tw (former employee) (Entered: 01/18/2002)

ORDER granting [70-1] motion for Rule 16(a) pretrial conference. Set pretrial conference for 1:00 1/23/02 before Judge Robert G James (signed by Judge Robert G James) NOE by: dd (McInnis, S) (Entered: 01/23/2002)

MINUTE ENTRY: A Rule 16(a) conference was held by telephone on 1/23/02. Agreed that parties will continue preparation for trial (signed by Judge Robert G James) NOE by fax: dd (Berry, D) (Entered: 01/25/2002)

MOTION by K & B LA Corp for protective order regarding the deposition of Craig M Cousins and for sanctions with Proposed Order referred to Magistrate Judge James D Kirk WITH EXHIBITS (original document not received - copy from Magistrate Kirk certified as original) (Berry, D) (Entered: 02/11/2002)

MOTION by K & B LA Corp to expedite consideration of [81-1] motion for protective order regarding the deposition of Craig M Cousins, [81-2] motion for sanctions with Proposed Order referred to Magistrate Judge James D Kirk (original not received by docket clerk - copy from Magistrate James D Kirk certified as original) (Berry, D) (Entered: 02/11/2002)

MOTION by E E O C to quash notice of deposition and/or for protective order WITH EXHIBITS referred to Magistrate Judge James D Kirk (Dean, S) (Entered: 02/05/2002)

MOTION by E E O C to expedite consideration of [76-1] motion to quash notice of deposition, [76-2] motion for protective order referred to Magistrate Judge James D Kirk (Dean, S) (Entered: 02/05/2002)

MEMORANDUM by E E O C in opposition to Rite Aid's Motion for Protective Order Regarding the Deposition of Craig M Cousins Esquire and its Request for an Award of Sanctions Against the EEOC WITH EXHIBITS (do not have filed Rite Aid's Motion as of 2/5/02) (Berry, D) Modified on 02/07/2002 (Entered: 02/06/2002)

MEMORANDUM by K & B LA Corp in opposition to [76-1] motion to quash notice of deposition, [76-2] motion for protective order (Berry, D) (Entered: 02/07/2002)

MINUTE ENTRY: The undersigned having participated in mediation of the reference matter hereby recuses himself from this case (signed by Magistrate Judge James D Kirk) NOE by: db (Berry, D) (Entered: 02/08/2002)

MINUTE ENTRY: Telephone conference was held on 2/6/02 concerning expedited motions. Court grants [77-1] motion to expedite consideration of [76-1] motion to quash notice of deposition. Court ordered that the deposition be postponed until a review is made by the Court re [76-2] motion for protective order and [76-1] to quash notice of deposition. The EEOC must provide those documents with a privilege log specifically referred to each document on which privilege is claimed within 10 days of the date of this order. Court grants [82-1] motion to expedite consideration of [81-1] motion for protective order regarding the deposition of Craig M Cousins and Court grants [81-1] motion for protective order regarding the deposition of Craig M Cousins (signed by Magistrate Judge James D Kirk) NOE by: db (Berry, D) (Entered: 02/12/2002)