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1
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March 1, 2002
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COMPLAINT and JURY TRIAL DEMANDED (Summons(es) issued) Receipt # fee waived (USA) (PM) (Entered: 03/05/2002)
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RECAP
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2
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March 2, 2002
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PRAECIPE: by plaintiff EEOC re: amended cover sheet (CL) (Entered: 03/06/2002)
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RECAP
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3
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March 11, 2002
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RETURN OF SERVICE of summons and complaint executed upon defendant Laidlaw Inc on 3/4/02 (CL) (Entered: 03/11/2002)
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RECAP
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4
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March 14, 2002
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ORDER RE: INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due 4/24/02 (cc: counsel, Judge) (RY) (Entered: 03/14/2002)
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RECAP
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5
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March 21, 2002
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ATTORNEY APPEARANCE for defendant Laidlaw Inc, defendant Laidlaw Education by Cheryl Hintz Middleton (MH) (Entered: 03/22/2002)
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RECAP
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6
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March 21, 2002
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ANSWER and Affirmative Defenses to complaint [1-1] by defendant Laidlaw Inc, defendant Laidlaw Education (MH) (Entered: 03/22/2002)
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RECAP
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7
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April 24, 2002
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JOINT STATUS REPORT and discovery plan filed by all parties. Est. Trial Days: 10 (AF) (Entered: 04/26/2002)
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RECAP
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8
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May 2, 2002
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ORDER REGARDING SCHEDULING Other Pretrial Matters by Judge Zilly: Jury trial set for 6/9/03 ; Deadline to Join Additional Parties is 5/30/02 ; Disclosure of expert testimony due: 12/11/02 ; Discovery Motion filing ddl 1/10/03 ; Discovery deadline set for 2/9/03 ; Dispositive Motions to be filed by 3/11/03 ; Settlement conf. per CR 39.1(c)(2) by 4/10/03 ; 39.1 designation effective 5/10/03 ; Motions in Limine du 5/12/03 ; Agreed Pretrial Order set for 5/28/03 ; Pretrial Conference set for 3:30 5/30/03 ; Trial briefs and exhibits to be submitted by 6/4/03 ; Proposed Voir dire/jury instructions 6/4/03 ; Length of Trial: 10 days (cc: counsel, Judge) (AF) (Entered: 05/02/2002)
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RECAP
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9
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May 2, 2002
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MINUTE ORDER DESIGNATING CASE FOR MEDIATION by Judge Thomas S. Zilly; mediation shall be completed no later than 30 days prior to the trial date (cc: counsel, Judge) (AF) (Entered: 05/02/2002)
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RECAP
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May 28, 2002
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LODGED ORDER: AGREED MOTION AND {PROPOSED} ORDER ALLOWING SHERYL EVERSON TO INTERVENE AS PLAINTIFF (LS)
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10
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May 31, 2002
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ORDER ALLOWING SHERYL EVERSON TO INTERVENE AS PLTF by Judge Thomas S. Zilly (cc: counsel, Judge) (CL) (Entered: 05/31/2002)
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RECAP
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11
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May 31, 2002
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COMPLAINT: Intervention by intervenor-plaintiff Sheryl Everson (CL) (Entered: 06/03/2002)
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RECAP
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12
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June 13, 2002
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NOTICE of Unavailability of counsel Cheryl Hintz Middleton for defendant Laidlaw Education from 6/29/02 to 7/13/02, 8/5/02 to 8/9/02, 8/14/02 to 8/23/02 (CL) (Entered: 06/14/2002)
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RECAP
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13
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June 19, 2002
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ANSWER, DEFENSES AND AFFIRMATIVE DEFENSES to complaint [11-1] by defendant Laidlaw Inc, defendant Laidlaw Education (CL) (Entered: 06/20/2002)
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RECAP
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14
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July 13, 2002
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AMENDED NOTICE of Unavailability of counsel Carmen Flores for plaintiff EEOC from 7/15/02 to 7/19/02 and from 8/21/02 to 8/30/02 (AF) (Entered: 07/16/2002)
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RECAP
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Aug. 14, 2002
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LODGED STIPULATED PROTECTIVE ORDER (CL)
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15
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Aug. 16, 2002
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STIPULATED PROTECTIVE ORDER by Judge Thomas S. Zilly (cc: counsel, Judge) (AF) (Entered: 08/16/2002)
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RECAP
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16
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Jan. 9, 2003
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MOTION by plaintiff to compel responses to first set of discovery requests to dft NOTED FOR 1/24/03. (FILED UNDER SEAL) (CL) (Entered: 01/10/2003)
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RECAP
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17
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Jan. 9, 2003
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DECLARATION of Mark A. Wilner by plaintiff (FILED UNDER SEAL) (CL) (Entered: 01/10/2003)
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RECAP
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Jan. 9, 2003
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LODGED ORDER: re: motion to compel responses to first set of discovery requests to dft [16-1]. (FILED UNDER SEAL) (CL)
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18
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Jan. 21, 2003
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MOTION AND MEMORANDUM IN SUPPORT by defendants to strike portions of Everson's memorandum to compel and exhibits NOTED FOR 1/24/03. (FILED UNDER SEAL) (CL) (Entered: 01/22/2003)
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RECAP
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19
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Jan. 21, 2003
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DECLARATION of Cheryl Hintz Middleton by defendants in opposition to motion to compel responses to first set of discovery requests to dft [16-1]. (FILED UNDER SEAL) (CL) (Entered: 01/22/2003)
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RECAP
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20
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Jan. 23, 2003
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REPLY by plaintiff Sheryl Everson re: [16-1]. (FILED UNDER SEAL) (CL) (Entered: 01/27/2003)
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RECAP
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21
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Jan. 23, 2003
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DECLARATION of Mark A. Wilner by plaintiff Sheryl Everson re motion to compel responses to first set of discovery requests to dft [16-1]. (FILED UNDER SEAL) (CL) (Entered: 01/27/2003)
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RECAP
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22
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Jan. 23, 2003
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MOTION AND MEMORANDUM IN SUPPORT by defendant for summary judgment of dismissal and request for atty fees. NOTED FOR 2/14/03. (FILED UNDER SEAL) (CL) Modified on 01/27/2003 (Entered: 01/27/2003)
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RECAP
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23
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Jan. 23, 2003
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DECLARATION of Cheryl Hintz Middleton by defendant re motion for summary judgment of dismissal and request for atty fees. [22-1](FILED UNDER SEAL) (CL) (Entered: 01/27/2003)
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RECAP
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Jan. 23, 2003
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LODGED ORDER: re: motion to compel responses to first set of discovery requests to dft [16-1]. (FILED UNDER SEAL) (CL)
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24
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Jan. 24, 2003
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PRAECIPE: by defendant re: attaching exhibits D & E declaration [23-1] (CL) (Entered: 01/27/2003)
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RECAP
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Jan. 24, 2003
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LODGED ORDER: re: motion for summary judgment of dismissal and request for atty fees. [22-1] (FILED UNDER SEAL (CL) Modified on 02/11/2003
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25
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Feb. 1, 2003
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NOTICE of Unavailability of counsel Cheryl Hintz Middleton for defendant Laidlaw Inc from 2/15/03 to 2/24/03 (CL) (Entered: 02/04/2003)
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RECAP
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26
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Feb. 3, 2003
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ORDER by Judge Thomas S. Zilly GRANTING motion to compel responses to first set of discovery requests to dft [16-1] (cc: counsel, Judge). (FILED UNDER SEAL) (CL) (Entered: 02/04/2003)
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RECAP
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27
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Feb. 10, 2003
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MEMORANDUM IN OPPOSITION/RESPONSE by plaintiffs to motion for summary judgment of dismissal and request for atty fees. [22-1]. (FILED UNDER SEAL) (CL) Modified on 02/11/2003 (Entered: 02/11/2003)
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RECAP
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28
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Feb. 10, 2003
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DECLARATION of John H. Chun by plaintiffs (FILED UNDER SEAL) (CL) Modified on 02/11/2003 (Entered: 02/11/2003)
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RECAP
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29
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Feb. 10, 2003
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DECLARATION of Jennyfer Schaubel by plaintiffs (CL) Modified on 02/11/2003 (Entered: 02/11/2003)
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RECAP
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30
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Feb. 10, 2003
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DECLARATION of Carmen Flores by plaintiffs (CL) Modified on 02/11/2003 (Entered: 02/11/2003)
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RECAP
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31
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Feb. 10, 2003
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DECLARATION of Sheryl Everson by plaintiffs (CL) Modified on 02/11/2003 (Entered: 02/11/2003)
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RECAP
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32
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Feb. 10, 2003
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DECLARATION of Lyn Faunce by plaintiffs (CL) Modified on 02/11/2003 (Entered: 02/11/2003)
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RECAP
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33
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Feb. 10, 2003
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AFFIDAVIT OF SERVICE by plaintiffs of motion response [27-1],. etc. (CL) Modified on 02/11/2003 (Entered: 02/11/2003)
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RECAP
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Feb. 10, 2003
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LODGED STIPULATION AND ORDER (CL)
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Feb. 10, 2003
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LODGED ORDER: re: motion for summary judgment of dismissal and request for atty fees. [22-1] (CL) Modified on 02/11/2003
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34
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Feb. 13, 2003
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STIPULATION and ORDER by Judge Thomas S. Zilly. Pursuant to the Stipulation of the parties, it is hereby ORDERED: discovery ddl extended 4/15/03 (cc: counsel, Judge) (CL) (Entered: 02/13/2003)
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RECAP
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35
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Feb. 13, 2003
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REPLY by defendants TO RESPONSE to motion for summary judgment of dismissal and request for atty fees. [22-1]. (FILED UNDER SEAL) (CL) (Entered: 02/14/2003)
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RECAP
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36
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March 5, 2003
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NOTICE by Judge Martinez OF Settlement Conference set for 9:00 4/3/03; brief due 4/1/03 (cc: all counsel) (VK) (Entered: 03/06/2003)
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RECAP
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37
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March 17, 2003
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LETTER (dated 2/5/03) by plaintiff EEOC re: refering this case to Mag. Judge RS Martinez. (CL) (Entered: 03/18/2003)
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RECAP
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38
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March 17, 2003
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ORDER by Judge Thomas S. Zilly. Case referred to Magistrate Judge Ricardo S. Martinez to contact one or more settlement conferences. (cc: counsel, Judge, Cc, RSM, In-Crt.) (CL) (Entered: 03/18/2003)
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RECAP
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39
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March 27, 2003
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MOTION by intervenor-plaintiff for Rule 37 relief NOTED FOR 4/11/03 (VK) (Entered: 03/28/2003)
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RECAP
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40
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March 27, 2003
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DECLARATION of Mark A. Wilner by intervenor-plaintiff re motion for Rule 37 relief [39-1] (VK) (Entered: 03/28/2003)
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RECAP
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41
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March 27, 2003
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AFFIDAVIT OF SERVICE by intervenor-plaintiff motion for Rule 37 relief [39-1] etc. (VK) (Entered: 03/28/2003)
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RECAP
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March 27, 2003
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LODGED ORDER: re: motion for Rule 37 relief [39-1] (VK)
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March 27, 2003
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(proposed alternative) LODGED ORDER: re: motion for Rule 37 relief [39-1] (VK)
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42
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April 1, 2003
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ORDER by Judge Thomas S. Zilly GRANTING AND DENYING IN PART dft Laidlaw's motion for summary judgment of dismissal and request for atty fees. [22-1] (cc: counsel, Judge) (CL) (Entered: 04/02/2003)
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RECAP
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43
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April 8, 2003
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MEMORANDUM by defendants in opposition to motion for Rule 37 relief [39-1]. (FILED UNDER SEAL) (CL) (Entered: 04/09/2003)
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RECAP
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44
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April 8, 2003
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DECLARATION of Cheryl Hintz Middleton by defendant in opposition to motion for Rule 37 relief [39-1]. (FILED UNDER SEAL) (CL) (Entered: 04/09/2003)
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RECAP
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45
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April 10, 2003
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REPLY by intervenor-plaintiff TO RESPONSE to motion for Rule 37 relief [39-1] (CL) (Entered: 04/11/2003)
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RECAP
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April 10, 2003
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LODGED STIPULATION AND ORDER (CL)
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46
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April 14, 2003
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STIPULATION and ORDER by Judge Thomas S. Zilly: discovery ddl extended to 5/15/03 (cc: counsel, Judge) (LS) (Entered: 04/15/2003)
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RECAP
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47
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April 24, 2003
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ORDER by Judge Thomas S. Zilly GRANTING pltf's motion for Rule 37 relief [39-1]. Pltf in intervention is awarded reasonable attys' fees in an amount of $500.00 to be paid w/in (10) days of this Order. (cc: counsel, Judge) (CL) (Entered: 04/24/2003)
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RECAP
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48
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April 30, 2003
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LETTER by intervenor-plaintiff re: order [47-1] and request for an earlier status conference. (CL) (Entered: 05/02/2003)
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RECAP
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49
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May 9, 2003
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LETTER by Mag. Judge RS Martinez re settlement conference is scheduled at 9:00am on 5/21/03. (CL) (Entered: 05/12/2003)
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RECAP
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50
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May 12, 2003
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MOTION by plaintiff in limine re unrelated union grievances of Sheryl Everson NOTED FOR 5/30/03 (VK) (Entered: 05/13/2003)
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RECAP
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May 12, 2003
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LODGED ORDER: re: motion in limine re unrelated union grievances of Sheryl Everson [50-1] (VK)
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51
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May 13, 2003
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MOTIONS by defendants in limine NOTED FOR 5/30/03. (FILED UNDER SEAL) (CL) Modified on 05/15/2003 (Entered: 05/15/2003)
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RECAP
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52
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May 13, 2003
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DECLARATION of Cheryl Hintz Middleton by defendant re motion in limine [51-1]. (FILED UNDER SEAL) (CL) (Entered: 05/15/2003)
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RECAP
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May 13, 2003
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LODGED ORDER: re: motion in limine [51-1]. (FILED UNDER SEAL) (CL)
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53
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May 19, 2003
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NOTICE of Unavailability of counsel Cheryl Hintz Middleton for defendant Laidlaw Inc from 6/27/03 to 7/5/03, from 7/24/03 to 8/8/03, from 8/25/03 to 9/3/03. (CL) (Entered: 05/20/2003)
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RECAP
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54
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May 19, 2003
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RESPONSE by defendants to motion in limine re unrelated union grievances of Sheryl Everson [50-1] (CL) (Entered: 05/20/2003)
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RECAP
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55
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May 19, 2003
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RESPONSE by plaintiff Sheryl Everson to motions in limine [51-1]. (FILED UNDER SEAL) (CL) (Entered: 05/20/2003)
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RECAP
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56
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May 19, 2003
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DECLARATION of John H. Chun by plaintiff Sheryl Everson in opposition to motion in limine [51-1]. (FILED UNDER SEAL) (CL) (Entered: 05/20/2003)
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RECAP
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57
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May 19, 2003
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AFFIDAVIT OF SERVICE by plaintiff of motion response [55-1], etc. (CL) (Entered: 05/20/2003)
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RECAP
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May 19, 2003
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LODGED ORDER: re: denying motions in limine [51-1]. (FILED UNDER SEAL) (CL) Modified on 05/20/2003
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58
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May 22, 2003
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REPLY by plaintiffs TO RESPONSE to motion in limine re unrelated union grievances of Sheryl Everson [50-1] (CL) (Entered: 05/23/2003)
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RECAP
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59
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May 23, 2003
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REPLY by defendants TO RESPONSE to motion in limine [51-1]. (FILED UNDER SEAL) (CL) (Entered: 05/27/2003)
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RECAP
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60
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May 23, 2003
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DECLARATION of Cheryl Hintz Middleton by defendants re motion in limine [51-1]. (FILED UNDER SEAL) (CL) (Entered: 05/27/2003)
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RECAP
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61
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May 23, 2003
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MINUTE ORDER by Judge Thomas S. Zilly pretrial conf moved to 11:00 5/30/03 (cc: counsel, Judge) (CL) (Entered: 05/27/2003)
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RECAP
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May 23, 2003
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LODGED ORDER: re: motion in limine [51-1](FILED UNDER SEAL)(CL) Modified on 05/27/2003
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62
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May 28, 2003
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PRAECIPE: by defendant to attach enclosed pages to re: declaration [60-1] (CL) (Entered: 05/30/2003)
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RECAP
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May 28, 2003
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LODGED PRETRIAL ORDER (CL)
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68
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May 30, 2003
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MINUTES: TSZ; Dep Clerk: CC; CR: N/A; Counsel Present: Flores, Healy, Chun, Wilner, Middleton, Wereschj-Doornick; pretrial conf held 11:00 5/30/03, jury trial set for 9:00 6/11/03 ; Court UNSEALS Motions in Limine; GRANTING motion in limine [51-1] with the exception of exhibit 100, GRANTING motion in limine re unrelated union grievances of Sheryl Everson [50-1] (LS) (Entered: 06/11/2003)
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RECAP
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69
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June 3, 2003
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MINUTES OF PRETRIAL CONFERENCE: TSZ; Dep Clerk: CC; CR: N/A; Counsel Present: Flores, Healy, Chun, Wilner, Middleton, Weresch-Doornink; parties stipulate to trial without jury; court signs Pretrial Order; Proposed findings of fact and conslusions of law are due 1st day of trial (LS) (Entered: 06/11/2003)
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RECAP
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63
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June 4, 2003
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ORDER by Judge Thomas S. Zilly GRANTING IN PART dfts' motion in limine [51-1] (cc: counsel, Judge) (CL) (Entered: 06/05/2003)
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RECAP
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64
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June 4, 2003
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TRIAL BRIEF submitted by plaintiff EEOC (CL) (Entered: 06/05/2003)
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RECAP
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65
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June 5, 2003
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PRE-TRIAL ORDER approved by Judge Thomas S. Zilly : (cc: counsel, Judge) (CL) (Entered: 06/06/2003)
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RECAP
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66
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June 5, 2003
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TRIAL BRIEF submitted by defendants (CL) (Entered: 06/06/2003)
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RECAP
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67
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June 6, 2003
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AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Jan Gaiter,Glenn Sterley,Jan Wallace on 6/4/03 (RS) (Entered: 06/09/2003)
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RECAP
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70
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June 10, 2003
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AFFIDAVIT OF SERVICE OF SUBPOENA of Jennifer Davis on 6/5/03 (LS) (Entered: 06/11/2003)
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RECAP
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71
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June 10, 2003
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AFFIDAVIT OF SERVICE OF SUBPOENA of Bonita Johnson on 6/5/03 (LS) (Entered: 06/11/2003)
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RECAP
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72
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June 10, 2003
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LAIDLAW'S CORPORATE DISCLOSURE STATEMENT by defendant Laidlaw Education, defendant Laidlaw Inc (LS) (Entered: 06/11/2003)
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RECAP
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73
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June 11, 2003
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MINUTES: TSZ; Dep Clerk: Elva McGregor; CR: Sue Palmerton ; first day of trial. Opening statements; testimony for pltfs; witnesses testify; exhibits admitted (RS) (Entered: 06/12/2003)
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RECAP
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June 11, 2003
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LODGED Proposed Findings of Fact and Conclusions of Law (LS)
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June 11, 2003
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LODGED ORDER: findings of fact and conclusions (RS)
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74
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June 12, 2003
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AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Cheryl Middleton on 6/7/03 (KERR) (Entered: 06/16/2003)
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RECAP
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75
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June 13, 2003
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AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Connie Puryear, agent for National Registered Agents, Inc. on 6/9/03 (LS) (Entered: 06/17/2003)
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RECAP
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76
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June 19, 2003
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MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly - held on 6/19/03.Dep Clerk: C. Condon; CR: Sue Palmerton; Counsel: Flores/Healy/Chun/Wilner/Middleton/Doornink ;Bench Trial Day 3; witnesses sworn and testified; exhibits admitted; court to resume at 9:00 a.m. 6/20/03 (LS, ) (Entered: 06/27/2003)
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RECAP
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77
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June 20, 2003
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MINUTE ENTRY for proceedings held before Judge Thomas S. Zilly - Dep Clerk: KC; CR: Sue Palmerton; Pla Counsel: Carmen Flores, Teri Healy, John Chun, Mark Wilner; Def Counsel: Cheryl Middleton, Eileen Weresch Doornink.COURT TRIAL - Day 4. Henry Kevin Mest resumes the stand.Ron English is sworn and testifies. The following exhibits are admitted: 59 and A-41,A-77,A-78,A-79. The Court hears closing argument from counsel.The Court enters findings of fact and conclusions of law on the record and finds liability in favor of plaintiff Everson and EEOC on plaintiffs' claims under federal and state law.The Court finds for defendant Laidlaw Transit,Inc., dba Laidlaw Education Services, a wholly owned subsidiary of Laidlaw Transportation Corp. on the issues of punitive damages and injunctive relief.Plaintiff Everson is awarded judgment for $3,029.78 economic damages, and $30,000 in non-economic damages together with costs and attorneys' fees. (CC, ) (Entered: 07/17/2003)
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RECAP
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78
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July 22, 2003
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JUDGMENT IN A CIVIL CASE/DECISION BY THE COURT. IT IS ORDERED AND ADJUDGED: Jgm in favor of pltf Everson and EEOC on pltfs' claims under federal and state law. The Court finds for dfts Laidlaw Transit, Inc., on the issues of punitive damages and injunctive relief. Pltf Everson is awarded jgm for $3,029.78 economic damages, and $30,000 in non-economic damages with costs and attys' fees. Signed by Judge Thomas S. Zilly. (CL, ) (Entered: 07/24/2003)
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RECAP
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79
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Aug. 7, 2003
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MOTION for Attorney Fees and Costs by Intervenor Plaintiff Sheryl Everson. Noting Date 8/22/2003. (Attachments: # 1 Text of Proposed Order Proposed Order)(Chun, John) (Entered: 08/07/2003)
2 Text of Proposed Order Proposed Order
View on PACER
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RECAP
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80
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Aug. 7, 2003
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MOTION to Amend Judgment To Offset Adverse Tax Consequences by Intervenor Plaintiff Sheryl Everson. Noting Date 8/22/2003. (Attachments: # 1 Text of Proposed Order # 2 Text of Proposed Order)(Chun, John) (Entered: 08/07/2003)
2 Text of Proposed Order
View on PACER
3 Text of Proposed Order
View on PACER
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RECAP
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81
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Aug. 7, 2003
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DECLARATION of John H. Chun re 79 MOTION for Attorney Fees and Costs by Intervenor Plaintiff Sheryl Everson. (Attachments: # 1 Exhibit Exhibits A - M)(Chun, John) (Entered: 08/07/2003)
2 Exhibit Exhibits A - M
View on PACER
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RECAP
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82
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Aug. 7, 2003
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DECLARATION re 79 MOTION for Attorney Fees and Costs by Intervenor Plaintiff Sheryl Everson. (Chun, John) (Entered: 08/07/2003)
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RECAP
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83
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Aug. 7, 2003
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DECLARATION of Lonnie Avery re 80 MOTION to Amend Judgment To Offset Adverse Tax Consequences by Intervenor Plaintiff Sheryl Everson. (Chun, John) (Entered: 08/07/2003)
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RECAP
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