Case: EEOC v. Carter-Jones Lumber Company

EEOC v. Carter-Jones Lumber

U.S. Court of Appeals for the Sixth Circuit

Price v. Carter Lumber Company

EEOC v. Carter Jones Lumber Company

Price v. Carter Lumber Company

U.S. Court of Appeals for the Sixth Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

Complaint with jury demand against Carter-Jones Lumber Company (1 waiver and Magistrate Consent Forms issued to counsel). Filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(C, BA) (Entered: 09/09/2004)

Random Assignment of Magistrate Judge Gallas (C, BA) (Entered: 09/09/2004)

Answer to Complaint (Related Doc # 1 ) filed by Carter-Jones Lumber Company. (L, T) (Entered: 10/26/2004)

Notice of Magistrate Consent form. (M, D) (Entered: 10/26/2004)

Case Management Conference Scheduling Order: CMC to be held on 12/8/2004 at 12:00 p.m. at Chambers 402 before Hon. David D. Dowd Jr.. Recommended Track: Standard. Signed by Judge David D. Dowd Jr. on 10/27/2004. (Attachments: # 1 E-Mail Notification# 2 Discovery Plan# 3 Rule 30.1# 4 Manual# 5 Map)(M, D) Modified on 11/1/2004 to edit text (B, T). (Entered: 10/27/2004)

Order consolidating case number 5:04CV2070 with this case and all filed documents must contain both case numbers in the caption and all documents are to be filed electronically in both cases and Case Management Conference Scheduling Order setting case for 12/8/2004 at 12:00 noon. Signed by Judge David D. Dowd Jr. on 11/16/2004. (Attachments: # 1 E-Mail Notification# 2 Discovery Plan# 3 Rule 30.1# 4 Manual# 5)(M, D) (Entered: 11/16/2004)

Report of Parties' Planning Meeting filed by parties. (Gilbert, Edward) Modified on 12/1/2004 (N, D). (Entered: 11/24/2004)

Preliminary Estimate/Budget of Amount of Fees and Expenses filed by Gerald Price. (Gilbert, Edward) (Entered: 11/24/2004)

Notice of Service of Initial Disclosures filed by Gerald Price. (Gilbert, Edward) (Entered: 11/24/2004)

Notice of Service of Rule 26(a)(1) Initial Disclosures filed by Equal Employment Opportunity Commission. (McMillan, Solvita) Modified on 12/3/2004 (N, D). Unsigned. Filer notified. (Entered: 12/01/2004)

Initial Disclosures filed by Carter-Jones Lumber Company. (Haskins, Thomas) (Entered: 12/07/2004)

Minutes of proceedings(non-document). Case Management Conference held on 12/8/2004 before Judge David D. Dowd Jr. Time: 30 Minutes. (Court Reporter none) (M, D)

Order of Referral to Magistrate Judge Gallas for Mediation. Mediation process to be completed by 1/31/2005. Signed by Judge David D. Dowd, Jr. (M, D) (Entered: 12/09/2004)

Notice of Service of First Set of Interrogatories filed by Gerald Price. (Gilbert, Edward) Modified on 12/17/2004 (N, D). (Entered: 12/16/2004)

Notice of Service of First Request for Production of Documents filed by Gerald Price. (Gilbert, Edward) Modified on 12/17/2004 (N, D). (Entered: 12/16/2004)

Order scheduling mediation for 1/19/2005 at 1:00 p.m. before Magistrate Judge James S. Gallas; Written submissions to be hand-delivered to the Court by 1/12/2005. Signed by Magistrate Judge James S. Gallas on 12/17/2004. (P, J) (Entered: 12/17/2004)

Motion for extension of Time until 1/18/05 to File Mediation Statement and Materials filed by Equal Employment Opportunity Commission. (McMillan, Solvita) Modified on 1/12/2005 (N, D). (Entered: 01/11/2005)

Marginal order granting plaintiff's motion for extension of time until 1/18/2005 to submit its written submission (Related document # 16 ). Signed by Magistrate Judge James S. Gallas on 1/12/2005.(P, J) (Entered: 01/12/2005)

Minutes of proceedings before Magistrate Judge James S. Gallas. Mediation held; Parties did not reach a settlement. Time: 1 hour. (P, J) (Entered: 01/20/2005)

Report of Mediator: The mediation was held on 1/19/2005 with counsel and parties present. Parties could not reach settlement and the file is returned to the Court. (Related document # 18 ). Signed by Magistrate Judge James S. Gallas on 1/20/2005. (P, J) (Entered: 01/20/2005)

Notice of Service of Second Request for Production of Documents filed by Gerald Price. (Gilbert, Edward) Modified on 1/21/2005 (N, D). (Entered: 01/20/2005)

Case Management Conference Plan/Order placing case on standard track; Discovery due by 5/9/2005; Status Conference set for 5/17/2005 at 12:30 p.m. in Chambers 402 before Hon. David D. Dowd Jr. Signed by Judge David D. Dowd Jr. on 2/3/2005. (M, D) (Entered: 02/03/2005)

Notice to take Deposition of Michael Pestian on March 19, 2005 (Duces Tecum) filed by Gerald Price. (Gilbert, Edward) (Entered: 02/23/2005)

Notice to take Deposition of Dave Taylor and James Collins on March 23, 2005 (Duces Tecum) filed by Gerald Price. (Gilbert, Edward) (Entered: 02/23/2005)

Amended Notice to take Deposition of Dave Bailey and James Collins on March 23, 2005 (Duces Tecum) filed by Gerald Price. (Gilbert, Edward) (Entered: 02/23/2005)

Subpoena Returned Executed; served upon Carter Lumber Company by Personal Service on March 1, 2005 filed by Gerald Price (Gilbert, Edward) (Entered: 03/02/2005)

Amended Notice to take Deposition of Michael McKee and James Collins on March 23, 2005 filed by Gerald Price. (Gilbert, Edward) (Entered: 03/04/2005)

Subpoena Returned Executed; served upon Michael Pestian by Certified Mail on 03/01/05 filed by Gerald Price (Attachments: # 1)(Gilbert, Edward) (Entered: 03/07/2005)

Motion for extension of discovery cutoff until June 9, 2005 by Gerald Price. (Gilbert, Edward) Modified on 3/10/2005 (N, D). (Entered: 03/08/2005)

Order that Court will defer ruling on plaintiff Gerald Price's Motion (Related Document # 28 )to extend discovery until the status conference set for 5/17/2005. Parties are encouraged to complete as much discovery as possible. Signed by Judge David D. Dowd Jr. on 3/9/2005. (M, D) Modified text on 3/9/2005 (M, D). (Entered: 03/09/2005)

Amended Notice to take Deposition of Michael Pestian on March 25, 2005 (Duces Tecum) filed by Gerald Price. (Gilbert, Edward) (Entered: 03/16/2005)

Motion to intervene as a party filed by Gerald Price. (Attachments: # 1 Exhibit 1)(Gilbert, Edward) (Entered: 03/24/2005)

Notice of Service of Second Set of Interrogatories filed by Gerald Price. (Gilbert, Edward) Modified on 3/30/2005 (N, D). (Entered: 03/29/2005)

Notice of Service of Plaintiff's Responses to Defendant's First Set of Interrogatories filed by Gerald Price. (Gilbert, Edward) (Entered: 04/05/2005)

Notice of Service of Plaintiff's Response to Defendant's First Request for the Production of Documents filed by Gerald Price. (Gilbert, Edward) (Entered: 04/05/2005)

Motion for extension of Discovery until Undetermined filed by Carter-Jones Lumber Company. (Haskins, Thomas) (Entered: 04/06/2005)

Order the Court will defer ruling on 35 Defendants' Motion for extension of Discovery until the Status Conference scheduled for Tuesday, May 17, 2005. In the meantime, the Court encourages the parties to complete as much discovery as possible prior to Mr. Haskins' surgery and after he has recovered. At the Status Conference the Court will review what discovery the parties have accomplished and determine whether good cause has been shown. Signed by Judge David D. Dowd Jr. on 4/7/05. (Z, M) Modified on 4/11/2005 (N, D). (Entered: 04/07/2005)

Minutes of proceedings (non-document). Status Conference held on 5/17/05 before Judge David D. Dowd Jr. Time: 30 Minutes. (Court Reporter none) (M, D)

Order granting 28 Motion to Extend Deadlines; granting 35 Motion for Extension of Time, denying Motion to intervene as a party. (Related Doc # 31 ). Fact Discovery by 8/31/05. Dispositive Motions due by 9/16/2005, with responses due 9/30/05; and replies by 10/7/05. Defendant to respond to EEOC's interrogatories by 5/27/05. Plaintiff to provide defendant with report(s) of expert witness(es) by 7/29/05; defendant to provide plaintiff with with report(s) of expert witness(es) by 9/19/05. Depositions of experts completed by 9/16/05. Trial set on a standby basis for the two-week period beginning 11/28/05. (See order for specifics) Signed by Judge David D. Dowd Jr. on 5/17/05.(M, D) (Entered: 05/19/2005)

Trial Order scehduling Jury Trial on a standby basis for the two-week period beginning 11/28/2005 in Courtroom 442 before Hon. David D. Dowd Jr. Final Joint Stipulations due 11/21/05. Signed by Judge David D. Dowd Jr. on 5/17/05. (M, D) (Entered: 05/19/2005)

Notice of Service of Responses to second set of Interrogatories filed by Plainitff, Gerals Price and Interrogatories and Request for Production filed by EEOC filed by Carter-Jones Lumber Company. Related document(s) 32 . (Haskins, Thomas) (Entered: 05/27/2005)

Notice of Service of Response to Defendants' Requests for Admissions filed by Gerald Price. (Gilbert, Edward) Modified on 7/5/2005 (N, D). (Entered: 06/23/2005)

Motion for extension of time until August 19, 2005 to Disclose Plaintiffs' Expert Report(s) filed by Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 07/22/2005)

Order(non-document) granting 41 Plaintiff EEOC's Motion for Extension of Time to 8/19/05 to file expert reports and defendant's expert report is extended to 9/9/05. Entered on behalf of Judge David D. Dowd Jr. on 7/25/05.(M, D)

Notice to take Deposition of Plaintiff on August 16, 2005 at 8:30 a.m. filed by all defendants. (Morris, Michele) (Entered: 08/02/2005)

Notice of Service of Plaintiff EEOC's Response to Defendant's First Set of Interrogatories; Request for Production of Documents and Request for Admissions filed by Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 08/02/2005)

Motion for extension of September 9, 2005 until September 19, 2005 filed by all defendants. (Morris, Michele) (Entered: 08/17/2005)

Order (non-document) granting 44 Defendant's Motion to Extend Deadlines. Defendant shall produce to Plaintiff its expert report on or before September 19, 2005. Judge David D. Dowd Jr. (Z, M) Modified text 8/23/2005 (C, K A).

Notice to take Deposition of Laura Price on August 30, 2005 filed by all defendants. (Morris, Michele) (Entered: 08/25/2005)

Notice of Service 2nd Request of Production of Documents Directed to Plaintiffs filed by all defendants. (Morris, Michele) (Entered: 08/25/2005)

Notice of Service upon counsel of record of expert report on 8/19/05, and discovery requests on 8/31/05 filed by Equal Employment Opportunity Commission. (McMillan, Solvita) Modified text on 10/4/2005 (H, D). (Entered: 09/06/2005)

Letter regarding discovery dispute filed by all defendants. (Morris, Michele) (Entered: 09/09/2005)

Order scheduling Status Conference for 9/20/2005 at 12:00 noon in Courtroom 442 before Hon. David D. Dowd Jr. Signed by Judge David D. Dowd Jr. on 9/13/05. (M, D) Modified on 9/13/2005 (M, D). (Entered: 09/13/2005)

Order cancelling status conference on 9/20/05. Signed by Judge David D. Dowd Jr. on 9/16/05. (M, D) (Entered: 09/16/2005)

Motion for summary judgment filed by all defendants. (Morris, Michele) (Entered: 09/16/2005)

Motion for leave to Supplement Motion for Summary Judgment filed by all defendants. (Morris, Michele) (Entered: 09/16/2005)

Notice of Service of Expert Report Upon Plaintiffs filed by all defendants. (Morris, Michele) (Entered: 09/19/2005)

Deposition of Gerald D. Price taken on 8/16/2005 filed by Carter-Jones Lumber Company. Complete document on file, 106 pages + 6 exhibit pages. Related document(s) 51 . (Attachments: # 1 Notice)(S, T) (Entered: 09/20/2005)

Deposition of Laura Ries-Price taken on 8/30/2005 filed by Carter-Jones Lumber Company. Related document(s) 51 . (Attachments: # 1 Notice)(S, T) (Entered: 09/20/2005)

Deposition of James Collins taken on 3/23/2005 filed by Carter-Jones Lumber Company. Complete document on file, 126 pages + 52 exhibit pages. Related document(s) 51 . (Attachments: # 1 Notice)(S, T) Modified text 9/22/2005 (C, K A). (Entered: 09/20/2005)

Deposition of Michael D. McKee taken on 3/23/2005 filed by Carter-Jones Lumber Company. Complete document on file, 100 pages + 13 exhibit pages. Related document(s) 51 . (Attachments: # 1 Notice)(S, T) (Entered: 09/20/2005)

Deposition of David E. Bailey taken on 8/2/2005 filed by Carter-Jones Lumber Company. Complete document on file, 65 pages + 5 exhibit pages. Related document(s) 51 . (Attachments: # 1 Notice)(S, T) (Entered: 09/20/2005)

Deposition of James Bailey taken on 8/3/2005 filed by Carter-Jones Lumber Company. Related document(s) 51 . (Attachments: # 1 Exhibits# 2 Notice)(S, T) (Entered: 09/20/2005)

Deposition of Michael Pestian taken on 8/23/2005 filed by Carter-Jones Lumber Company. (Attachments: # 1 Exhibits# 2 Notice)(S, T) (Entered: 09/20/2005)

Deposition of William Schnering taken on 8/23/2005 filed by Carter-Jones Lumber Company. Related document(s) 51 . (Attachments: # 1 Exhibits# 2 Notice)(S, T) (Entered: 09/20/2005)

Motion for leave to File Memorandum in Excess of Twenty Pages filed by Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 09/28/2005)

Motion for extension of Time to File Memorandum in Opposition to Defendant Carter Lumber's Motion for Summary Judgment filed by Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 09/29/2005)

Order (non-document) granting 62 Motion for leave to exceed page limits, granting 63 Motion to Extend Deadlines for response re 51 Motion for summary judgment; response due 10/3/05; reply still due 10/7/05. Entered on behalf of Judge David D. Dowd Jr. on 9/30/05.(D, S)

Opposition to Motion for summary judgment filed by Equal Employment Opportunity Commission. Related document(s) 51 . (Attachments: # 1 Appendix Part 1# 2 Appendix Part 2# 3 Appendix Part 3# 4 Appendix Part 4# 5 Appendix Part 5)(McMillan, Solvita) Modified text 10/12/2005 (C, K A). Modified text on 10/18/2005 (S, T). (Entered: 10/03/2005)

Order granting defendant's Motion for leave to supplement the motion for summary judgment to be included with its reply brief, which is due 10/14/05 (Related Doc # 52 ). Signed by Judge David D. Dowd Jr. on 10/11/05.(M, D) (Entered: 10/11/2005)

Supplemental Motion for Summary Judgment filed by Carter-Jones Lumber Company. (Attachments: # 1 Manual Filing Social Security Disability File of Mr. Price)(Morris, Michele) Modified text 10/21/2005 (C, K A). (Entered: 10/14/2005)

Reply to response to Motion for summary judgment filed by Carter-Jones Lumber Company. Related document(s) 51 . (Attachments: # 1 Affidavit James Collins)(Morris, Michele) Modified text 10/21/2005 (C, K A). (Entered: 10/14/2005)

Declaration of T. Haskins filed by Carter-Jones Lumber Company. (Morris, Michele) Modified text 10/21/2005 (C, K A). (Entered: 10/14/2005)

Exhibit A to defendant's Response Brief and Supplemental Motion for summary judgment filed by Carter-Jones Lumber Company. Related document(s) 66, 67, 68 . Complete 198 page document on file in the Clerk's office. (S, T) (Entered: 10/17/2005)

Order scheduling Oral Argument on Motion for Summary Judgment for 10/27/2005 at 2:00 p.m. in Courtroom 442 before Hon. David D. Dowd Jr. Signed by Judge David D. Dowd Jr. on 10/19/05. (M, D) (Entered: 10/20/2005)

Motion to continue filed by Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 10/24/2005)

Opposition to Motion for summary judgment, Supplemental Motion for summary judgment filed by Equal Employment Opportunity Commission. Related document(s) 51, 66 . (McMillan, Solvita) (Entered: 10/24/2005)

Order granting Plaintiff's Motion to continue oral argument currently set for 10/27/05 (Related Doc # 71 ). Motion Hearing reset for 11/2/2005 at 2:00 p.m. in Courtroom 442 before Hon. David D. Dowd Jr. The Court also requests that counsel be prepared to address issues (see order as to issues). Signed by Judge David D. Dowd Jr. on 10/25/05.(M, D) (Entered: 10/25/2005)

Minutes (non-document) of proceedings. Motion Hearing held on 11/2/05 re 51 Motion for summary judgment before Judge David D. Dowd Jr. Time: 30 Minutes. (Court Reporter Lori Callahan)(M, D)

Order granting defendant leave until 11/23/05 to respond to motion to amend complaint in Case No. 5:04CV2070 (Docket #102) and trial set for 11/28/05 is vacated. Signed by Judge David D. Dowd Jr. on 11/17/05. (M, D) (Entered: 11/17/2005)

Order granting Plaintiff's Motion for leave to amend complaint(Related Doc # 102 in case number 5:04CV2070). Plaintiff is directed to file the amended complaint forthwith. Defendant is granted leave until December 13, 2005 to supplement its motion for summary judgement in light of the amended complaint. Plaintiffs are granted leave to respond to the motion as supplemented until December 23, 2005. Defendant is granted leave to file a reply brief in support by January 6, 2006. Signed by Judge David D. Dowd Jr. on 11/29/05.(M, D) (Entered: 11/30/2005)

Order directing Plaintiff to forthwith refile the amended complaint in a form that does not include the dismissed Defendant Collins (Related documents # 44 and 105 in case #5:04CV2070). Signed by Judge David D. Dowd Jr. on 12/8/05. (M, D) (Entered: 12/08/2005)

Second Motion to supplement Motion for Summary Judgment filed by all defendants. Related document(s) 66, 51, 67 . (Attachments: # 1Westlaw)(Morris, Michele) Modified text on 12/14/2005 (P, G). (Entered: 12/13/2005)

Motion for extension of December 23, 2005 until January 25, 2006 to file reply to second supplemental memorandum in support of motion for summary judgment, (Related document # 51, 77 ) filed by Equal Employment Opportunity Commission. (Watson, C.) Modified text and created links on 12/22/2005 (P, G). (Entered: 12/21/2005)

Order (non-document) granting 78 Plaintiff EEOC's Motion for leave until 1/25/06 to file its Reply to Defendant Carter's Second Supplemental Memorandum in Support of Its Motion for Summary Judgment. Approved by Judge David D. Dowd Jr. on 12/22/05.(M, D)

Opposition to Second Motion to supplement Motion for Summary Judgment filed by Equal Employment Opportunity Commission. Related document(s) 77 . (Attachments: # 1 Exhibit unpublished opinion Lane# 2 Exhibit unpublished opinion Reese# 3 Exhibit unpublished opinion Rivera# 4 Exhibit unpublished opinion Stanley# 5 Exhibit unpublished opinion Talbot# 6 Exhibit unpublished opinion Williams)(McMillan, Solvita) (Entered: 01/25/2006)

Motion for leave to File Reply Brief filed by all defendants. (Attachments: # 1 Reply Brief)(Morris, Michele) Modified text on 2/2/2006 (P, G). (Entered: 02/01/2006)

Reply Brief to Plaintiffs' Memorandum In Opposition to Defendant's Second Supplement to its Motion for Summary Judgment filed by Carter Lumber Company. (Related document(s) 77, 51, 66 ). (M, D) (Entered: 02/03/2006)

Order (non-document) granting Defendant's Motion for leave to file Reply Brief Instanter (Related Doc # 80 ). Approved by Judge David D. Dowd Jr. on 2/2/06. (The Clerk will file Reply) (M, D)

Memorandum Opinion and Order Denying Defendant's Motion for summary judgment, Defendant's Supplemental Motion for summary judgment and Second Supplemental Motion (Related Docs # 51 , 66 and 77 ). Status Conference set for 6/1/2006 at 9:00 a.m. in Chambers 402 before Hon. David D. Dowd Jr. Signed by Judge David D. Dowd Jr. on 5/25/2006.(M, D)

Minutes of proceedings [non-document]. A Status Conference was held on 6/1/06 before Judge David D. Dowd Jr. Time: 45 minutes (Court Reporter None.) Associated Cases: 5:04-cv-01824-DDD,5:04-cv-02070-DDD(R, N)

Answer to Price's Second Amended Complaint filed by all defendants. (Morris, Michele) (Entered: 06/07/2006)

Order. As discussed at the status conference held on 6/1/06, a Jury Trial has been set for 9/6/2006 at 8:30 AM in Courtroom 442 before Hon. David D. Dowd Jr. Counsel shall pay special attention to the remaining dates outlined in this order. Signed by Judge David D. Dowd Jr. on 6/15/06. Associated Cases: 5:04-cv-01824-DDD,5:04-cv-02070-DDD(R, N) (Entered: 06/16/2006)

Proposed Jury Instructions (Preliminary) filed by Gerald Price, Equal Employment Opportunity Commission. (Gilbert, Edward) (Entered: 08/23/2006)

Notice of Deposition Cancellation filed by Carter-Jones Lumber Company. (Haskins, Thomas) (Entered: 08/24/2006)

Notice of LR 32.1 Certification filed by Gerald Price. (Gilbert, Edward) (Entered: 08/25/2006)

Notice of No Objection filed by Carter-Jones Lumber Company. (Haskins, Thomas) (Entered: 08/29/2006)

Attorney Appearance of Donna Williams-Alexander by Solvita A. McMillan filed by on behalf of Equal Employment Opportunity Commission. (McMillan, Solvita) (Entered: 08/29/2006)

Notice of Furnishing Proposed Stipulation of Facts filed by Carter-Jones Lumber Company. (Haskins, Thomas) Modified text on 8/31/2006 (P, G). (Entered: 08/30/2006)

Brief filed by Equal Employment Opportunity Commission. (Attachments: # 1 Plaintiffs' Exhibit List# 2 EEOC's Proposed Jury Instructions# 3 EEOC's Proposed Witness List) (McMillan, Solvita) (Entered: 08/30/2006)