EEOC v. Autozone Inc

EEOC v. Autozone Inc

EEOC v. Autozone Inc

EEOC v. Autozone Inc

EEOC v. Autozone Inc

EEOC v. Autozone Inc

EEOC v. Autozone Inc

EEOC v. Autozone Inc

EEOC v Autozone, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (Summons(es)NOT issued) ; Filing fee $ waived (WBE) (Entered: 10/02/2000)

SETTING LETTER ; scheduling conference set for 8:30 12/6/00 (EHG) (Entered: 10/17/2000)

WAIVER OF SERVICE OF SUMMONS by defendant Autozone, Inc. (EHG) (Entered: 11/03/2000)

MOTION FOR ADMISSION PRO HAC VICE by defendant Autozone, Inc. for attorney Walter W. Christy, Leslie W. Ehret, Tracy K. Hidalgo, Thomas E. Gottsegen to appear pro hac vice (EHG) (Entered: 11/14/2000)

MOTION by defendant Autozone, Inc. to continue scheduling conference (..set for 12/6/00) (EHG) (Entered: 11/14/2000)

ORDER by Judge Jon P. McCalla granting dft's motion to continue scheduling conference (..set for 12/6/00) [5-1] ; scheduling conference continued to 12/1/00 @ 8:30 a.m. (cc: all counsel) (EHG) (Entered: 11/15/2000)

ORDER by Judge Jon P. McCalla granting defendant, Autozone, Inc., motion for attorney Walter W. Christy, Leslie W. Ehret, Tracy K. Hidalgo, Thomas E. Gottsegen to appear pro hac vice [4-1] (cc: all counsel) (EHG) (Entered: 11/15/2000)

ANSWER by defendant Autozone, Inc. to [1-1] (EHG) (Entered: 11/15/2000)

NOTICE OF FILING: REPORT OF PARTIES' PLANNING MEETING by plaintiff EEOC, defendant Autozone, Inc. (EHG) (Entered: 11/28/2000)

NOTICE OF ATTORNEY APPEARANCE for defendant Autozone, Inc. by Lisa A. Krupicka (EHG) (Entered: 12/04/2000)

MINUTES: Rule 16(b) Conf 12/1/00. Plaintiff's experts ddl 11/1/01; dfts experts ddl 1/1/02. Walter Christy and Jef Feibelman will not be allowed to participate as lead counsel in this case. Autozone will define categories of job descriptions to EEOC by Fri., 12/22/00 (80-85% of the information) with the remainder due by Fri., 12/29/00. Dft's motion to determine the temporal scope of litigation or to limit the scope of discoery is due by 12/15/00; pla's response is ude by 12/28/00. The scheduling conf is continued to Thursday, 12/28/00 @ 2:00 p.m. Presiding Judge: McCalla PLA Atty: Celia Liner, Deidra Liner DFT Atty: Lisa Krupicka, Leslie Ehret C/R: Brenda Parker (EHG) (Entered: 12/04/2000)

SETTING LETTER ; scheduling conference set for 2:00 12/28/00 (EHG) (Entered: 12/04/2000)

TRANSCRIPT of proceedings for the following date(s): 12/1/00 of Scheduling Conference Volumes 1 Court Reporter: Brenda Parker [document placed in separate folder] (EHG) (Entered: 12/05/2000)

ORDER FOLLOWING SCHEDULING CONFERENCE.. by Judge Jon P. McCalla ...(1) dft shall produce information relating to the job categories at issue in this case by 12/22/00. (2) The parties shall submit briefs on the question of the applicable time period covered by this lawsuit..Dft shall submit its brief by 12/15/00. Pla shall submit its response by 12/28/00. (3) Pla shall submit a first supplement to its 26(a)(1) disclosures by 12/18/00. ... ;(4) a follow-up conference set for 2:00 12/28/00 (cc: all counsel) (EHG) (Entered: 12/07/2000)

ORDER OF RECUSAL by Judge Jon P. McCalla: The Court hereby recuses itself in this matter and returns the file to the Clerk of Court for reassignment. Case reassigned to Chief Judge Julia S. Gibbons (cc: all counsel) (EHG) (Entered: 12/14/2000)

NOTICE OF CASE REASSIGNMENT... from Judge McCalla to Judge Gibbons. (cc: all counsel) (EHG) (Entered: 12/14/2000)

SETTING LETTER ; scheduling conference set for 9:00 1/10/01 (EHG) (Entered: 12/22/2000)

MINUTES: ; scheduling conference satisfied 9:00 1/10/01. Scheduling order to enter. Schedule set as follows: join parties 2/01/01; amend pleadings 2/01/01; discovery 3/01/02; pla experts 11/01/01; dft experts 1/01/02; dispositive/sumjgm motions 5/01/02; jury trial 8/19/02; est trial length 10 days; Another scheduling conf toward end of year to discuss possibility of settlement. Presiding Judge: Gibbons PLA Atty: Deidre Smith, Celia Liner DFT Atty: Walter Christy, Allison Smith, Jef Feibelman C/R: Mark Dodson (EHG) (Entered: 01/12/2001)

RESPONSE IN OPPOSITION by plaintiff EEOC to motion to reopen and extend deadline for amending the pleadings (filed w/ exhibits 1-4)[53-1] (PWM) (Entered: 11/14/2001)

RULE 16(b) SCHEDULING ORDER Judge Julia S. Gibbons ; ...ddl for amending pleadings and to join additional parties 2/1/01; discovery 3/1/01; pla's expert disclosures 11/1/01; dft's expert disclousres 1/1/02; ddl for filing potentially dispositive motions 5/1/02; case set for trial 8/19/02; trial will take 10 days. Another scheduling conf will be set toward the end of 2001 to discuss the possibility of settlement. (cc: all counsel) (EHG) (Entered: 01/24/2001)

ORDER AMENDING SCHEDULING ORDER by Judge Julia S. Gibbons discovery ddl set 3/1/02 (cc: all counsel) (EHG) (Entered: 02/05/2001)

SETTING LETTER:status conference set for 11/21/01 at 9:00 Courtroom 1 11th flr. (PWM) (Entered: 05/08/2001)

MOTION by plaintiff EEOC for special admission to participate in a particular case to allow Thomas J. Borek to appear on behalf of pla EEOC (PWM) (Entered: 06/04/2001)

ORDER by Judge Julia S. Gibbons granting motion for special admission to participate in a particular case to allow Thomas J. Borek to appear on behalf of pla EEOC [22-1] (cc: all counsel) (PWM) (Entered: 06/06/2001)

MOTION by intervenor plaintiff Constance Amos to intervene (PWM) (Entered: 06/29/2001)

MEMORANDUM by intervenor plaintiff Constance Amos in support of motion to intervene [24-1] (PWM) (Entered: 06/29/2001)

ORDER by Judge Julia S. Gibbons granting motion to intervene [24-1] For good cause shown, the motion is granted.(cc: all counsel) (PWM) (Entered: 07/06/2001)

MOTION by defendant Autozone, Inc. to substitute attorney Thomas E. Gottsegen for Madeline D. West (PWM) (Entered: 07/09/2001)

ORDER by Judge Julia S. Gibbons granting motion to substitute attorney Madeline D. West for Thomas E. Gottsegen [27-1], for dft AutoZone, Inc.; substituting attorney Madeline D. West for Thomas E. Gottsegen; (cc: all counsel) (BAG) (Entered: 07/12/2001)

MOTION by defendant Autozone, Inc. for attorney Madeline Doucet West to appear pro hac vice (PWM) (Entered: 07/18/2001)

ORDER by Judge Julia S. Gibbons granting motion for attorney Madeline Doucet West to appear pro hac vice for dft Autozone [29-1] (cc: all counsel) (PWM) (Entered: 07/19/2001)

TRANSCRIPT of proceedings for the following date(s): 8/20/01 of In-Chambers Conference Volumes 1 Court Reporter: Mark Dodson ( documents placed in seperate folder) (PWM) (Entered: 08/22/2001)

MOTION by plaintiff EEOC to recuse Judge Gibbons from this case (PWM) (Entered: 08/28/2001)

MEMORANDUM by plaintiff EEOC in support of motion to recuse Judge Gibbons from this case [32-1] (PWM) (Entered: 08/28/2001)

RESPONSE by intervenor plaintiff Constance Amos to motion to recuse Judge Gibbons from this case [32-1] (PWM) (Entered: 09/07/2001)

MEMORANDUM by defendant Autozone, Inc. in opposition to motion to recuse Judge Gibbons from this case [32-1] (PWM) (Entered: 09/12/2001)

SUPPLEMENTAL MEMORANDUM by defendant Autozone, Inc. in opposition to pla's motion requesting Judge Gibbons recuse herslf from this case[35-1] (PWM) (Entered: 09/12/2001)

MINUTES: for Type of hearing held: Chambers Conference Discussion re Motion to recuse. Court will reule as soon as possible trial date 9/16/02. Presiding Judge: J. Gibbons PLA Atty: T.Beck & T. DFT Atty: Feibelman, Krupicka, Donati, Kriegel, Christy, Smith C/R: Mark Dodson (PWM) (Entered: 09/17/2001)

MOTION by plaintiff EEOC for protective order (PWM) (Entered: 09/28/2001)

MEMORANDUM by plaintiff EEOC in support of motion for protective order [38-1] (filed with exhibits 1-4) (PWM) Modified on 09/28/2001 (Entered: 09/28/2001)

ORDER by Judge Julia S. Gibbons denying motion to recuse Judge Gibbons from this case [32-1]..... While the court will not transfer the case at the present time, the court will nevertheless likely transfer the case to a visiting judge, many of who will be assisting in the district, at an appropriate future tiem. That course will assure that the judge's identity is not ultimately an issue in the case, yet will avoid giving a single party or the newspaper control over the choice of a judge. In terms of the timing of any transfer, the court notes that his case has been pending a full yr & has been before this judge for some nine months. Other than the signing of routine orders, only 2 things requiring judicial attention have occurred- setting a schedule for progress of the case and resolving this-media-generated recusal issue. That trend appears likely to continue, and there will be ample time to determine who is available to assist w/ this matter after a full schedule for visiting judges is established. (cc: all counsel) (PWM) (Entered: 10/01/2001)

ORDER OF REFERENCE by Judge Julia S. Gibbons referring to Mag Judge J. D. Breen the motion for protective order [38-1] This matter is hereby referred to the US Mag Judge for a detmerination. Any exceptions to the mag judge's order shall be made by motion w/n 10 days of order. (cc: all counsel) (PWM) (Entered: 10/03/2001)

SETTING LETTER: hearing on pla's motion for a protective order has been set for 10/10/01 at 10:00, before Mag Judge Breen; (BAG) (Entered: 10/09/2001)

MEMORANDUM by defendant Autozone, Inc. in opposition to the EEOC'S motion for protective order [38-1] (filed w/ Exhibit 1) (PWM) Modified on 10/10/2001 (Entered: 10/10/2001)

SUPPLEMENT DECLARATION OF CELIA S. LINER by plaintiff EEOC re motion for protective order [38-1] (PWM) (Entered: 10/10/2001)

MINUTES: denying motion for protective order [38-1] Type of hearing held: Motion Hearing - Court requires pla to produce investigator to be available for discovery; Court will withhold ruling on damages until after experts disclosure 11/01/01; Dft may not depose any EEOC lawyers; Pla may file motion to bifurcate discovery/trial. Presiding Judge: J. PLA Atty: C. Liner & D. Smith DFT Atty: W. Christy & A. Smith C/R: Brenda Parker (PWM) (Entered: 10/19/2001)

MOTION by plaintiff EEOC to bifurcate the issues of liability and individual relief during the trial of this case & to bifourcate the discovery in this case. (PWM) (Entered: 10/23/2001)

MEMORANDUM by plaintiff EEOC in support of motion to bifurcate the issues of liability and individual relief during the trial of this case & to bifourcate the discovery in this case. [46-1] (PWM) (Entered: 10/23/2001)

ORDER by Mag Judge J. D. Breen denying motion for protective order [38-1].... As to informaotin regarding the facts and methodology underlying the EEOC's statistics adn computaiton of damages, the court was advised that the EEOC will be revealing its epert witness list, as well as providing Rule 26(a) expert reports, on or before 11/1/01. At that point, the dft would e in a position to determine which, if any of the experts it would intend to depose concerning the statistics and computation of damages. Once all of eh depositions described herein have been completed, the court may revisit the issue as to whether the dft would be entitlted to take the deposition of the pla's counsel concerning the EEOC's investigation leading up to the filing of these charges, as well as any additional investigation that has been undertaken concerning alleged ongoing discrimination by dft. (cc: all counsel) (PWM) (Entered: 10/23/2001)

TRANSCRIPT of proceedings for the following date(s): 1/10/01 of Proceedings before Julia Gibbon Volumes 1 Court Reporter: Mark Dodson (documents placed under seperate folder) (PWM) (Entered: 10/24/2001)

MOTION by plaintiff EEOC for leave to modify the rule 16(b) scheduling order (PWM) (Entered: 10/29/2001)

MEMORANDUM by plaintiff EEOC in support of motion for leave to modify the rule 16(b) scheduling order (filed w/ exhibits 1-5 & proposed order) [50-1] (PWM) (Entered: 10/29/2001)

CERTIFICATE OF CONSULTATION by plaintiff EEOC (PWM) (Entered: 10/29/2001)

MOTION by defendant Autozone, Inc. to reopen and extend deadline for amending the pleadings (PWM) (Entered: 10/30/2001)

MOTION by defendant Autozone, Inc. to extend time to file dft's opposition to the EEOC's motion for bifurcated trial and bifurcated discovery (PWM) (Entered: 11/05/2001)

MEMORANDUM by defendant Autozone, Inc. in support of motion to extend time to file dft's opposition to the EEOC's motion for bifurcated trial and bifurcated discovery [54-1] (PWM) (Entered: 11/05/2001)

MOTION by defendant Autozone, Inc. for attorney Ellen Shirer Kovach to appear pro hac vice (PWM) (Entered: 11/06/2001)

ORDER by Judge Julia S. Gibbons granting motion to extend time to file dft's opposition to the EEOC's motion for bifurcated trial and bifurcated discovery [54-1] Dft AutoZone, Inc., is hereby granted until 11/16/01, to file its opposition to pla EEOC's motion to Bifurcate the Issues of Liability and Individual Relief During the Trial of this case and to Bifurcate the Discovery in this case (cc: all counsel) (PWM) (Entered: 11/07/2001)

ORDER by Judge Julia S. Gibbons granting motion for attorney Ellen Shirer Kovach to appear pro hac vice [56-1] IT IS ORDERED, ADJUDGED AND DECREED that Ellen Shirer kovach of the firm Frilot, Partridge, Kohnke & Clements, LC is hereby admitted as counsel pro hac vice for dft AutoZone Inc.(cc: all counsel) (PWM) (Entered: 11/08/2001)

RESPONSE by defendant Autozone, Inc. to motion for leave to modify the rule 16(b) scheduling order [50-1] (PWM) (Entered: 11/09/2001)

MEMORANDUM by defendant Autozone, Inc. in opposition to motion to bifurcate the issues of liability and individual relief during the trial of this case & to bifourcate the discovery in this case. (document placed under seperate cover) (filed w/ exhibits a & b) [46-1] (PWM) Modified on 11/16/2001 (Entered: 11/16/2001)

REPLY by defendant Autozone, Inc. brief in support of Autozone's motion to reopen and extend deadline for amending the pleadings re [53-1] (PWM) (Entered: 11/27/2001)

MINUTES: discovery ddl set 5:00 9/1/02 dispositive motion filing ddl set 5:00 10/1/02 jury trial set 9:00 1/21/03 which is expeted to last 10 days Type of hearing held: Status Conference Court will entered order denying bifurcation of disc. New deadlines estabilshed Plas experts 4/1/02; Dfts experts 6/1/02; Discovery 9/1/02; Presiding Judge: J. Gibbons PLA Atty: D. Smith & T. Borak DFT Atty: T. Hidalgo, W. Christy, R. Kriegel(all by phone) C/R: Brenda Parker (PWM) (Entered: 11/29/2001)

ANSWER by defendant Autozone, Inc. to intervene and affirmative defenses [1-1]; jury demand (PWM) (Entered: 12/03/2001)

ORDER ON DEADLINES SET AT STATUS CONFERENCE by Judge Julia S. Gibbons Pla's expert disclosures ddl 4/1/02; Dft's expert disclosures ddl 6/1/02; discovery ddl set 5:00 9/1/02; potentially dispositive motion filing ddl set 5:00 10/1/02; trial set 9:30 1/21/03 which is expected to last 10 days. (cc: all counsel) (PWM) (Entered: 12/10/2001)

MOTION by defendant Autozone, Inc. to withdraw atty Thomas E. Gottsegen (PWM) (Entered: 12/17/2001)

ORDER by Judge Julia S. Gibbons granting motion to withdraw atty Thomas E. Gottsegen [66-1] IT IS ORDERED ADJUDGED, and DECREED that Thomas E. Gottsegen, be and is hereby withdrawn as counsel of record for AutoZone, Inc. (cc: all counsel) (PWM) (Entered: 12/26/2001)

ORDER ON MOTION TO BIFURCATE THE ISSUES OF LIABILITY AND INDIVIDUAL RELIEF AND TO BIFURCATE DISCOVERY by Judge Julia S. Gibbons denying motion to bifurcate the issues of liability and individual relief during the trial of this case & to bifourcate the discovery in this case. ..Moreover bifurcation of discovery would result in further delay in the resolution of this case, which has already been pending for some 17 months. In addition bifurcation of discovery would render settlement of the case almost impossible. The motion to bifurcate discovery is denied. With respect to the motion to bifurcate the issues of liability and individual relief, that motion is premature. After discovery is concluded, the court can evaluate the manner in which the case should be tried and make an appropriate resolution of the bifurcation motion in conneciton w/ final pretrial preparation. The EEOC may renew this motion after the close of discovery. [46-1] (cc: all counsel) (PWM) (Entered: 02/26/2002)

ORDER OF TRANSFER by Judge Julia S. Gibbons Case reassigned to Chief Judge James D. Todd in exchange for an equivalent case (cc: all counsel) (PWM) (Entered: 02/26/2002)

MOTION by plaintiff EEOC to compel discovery (PWM) (Entered: 03/04/2002)

MEMORANDUM by plaintiff EEOC in support of motion to compel discovery [70-1] (filed w/ exhibits A-O) Document placed under seperate cover. (PWM) (Entered: 03/04/2002)

CERTIFICATE OF CONSULTATION REGARDING PLA EEOC'S MOTION TO COMPEL DISCOVERY by plaintiff EEOC (PWM) (Entered: 03/04/2002)

ORDER OF REFERENCE by Chief Judge James D. Todd referring to Mag Judge J. D. Breen the motion to compel discovery [70-1] for disposition - (cc: counsel) (EJC) (Entered: 03/06/2002)

MOTION by defendant Autozone, Inc. to extend time to respond to pla's motion to compel (PWM) (Entered: 03/15/2002)

MEMORANDUM by defendant Autozone, Inc. in support of motion to extend time to respond to pla's motion to compel [74-1] (PWM) (Entered: 03/15/2002)

CERTIFICATE OF CONFERENCE by defendant Autozone, Inc. (PWM) (Entered: 03/15/2002)

ORDER by Mag Judge J. D. Breen granting motion to extend time to respond to pla's motion to compel [74-1] Dft Auto Zone is hereby granted until 3/29/02, to file its response to Pla's motion to compel. (cc: all counsel) (PWM) (Entered: 03/25/2002)

SUPPLEMENTAL MOTION by defendant Autozone, Inc. to extend time to respond to pla's motion to compel [74-1] (PWM) (Entered: 03/27/2002)

MEMORANDUM by defendant Autozone, Inc. in support of supplemental motion for extension of time to respond to plas' motion to compel [78-1] (PWM) (Entered: 03/27/2002)

CERTIFICATE OF CONFERENCE TO THE HONORABLE JUDGE OF SAID COURT by defendant Autozone, Inc. (PWM) (Entered: 03/27/2002)

ORDER by Chief Judge James D. Todd granting motion to compel discovery [70-1] - until 4/12/02 to file its response to Plf's motion to compel - (cc: all counsel) (EJC) (Entered: 03/28/2002)

MOTION by plaintiff EEOC for leave to modify the fule 16(b) scheduling Order (PWM) (Entered: 04/01/2002)

MEMORANDUM by plaintiff in support of motion for leave to modify the fule 16(b) scheduling Order [82-1] (PWM) (Entered: 04/01/2002)

CERTIFICATE OF CONSULTATION by plaintiff EEOC (PWM) (Entered: 04/01/2002)

ORDER ON PLF EEOC UNOPPOSED MOTION FOR LEAVE TOMODIFY THE RULE 16(b) SCHEDULING ORDER by Chief Judge James D. Todd granting motion for leave to modify the fule 16(b) scheduling Order [82-1] Plfs' expert discl are due 9/1/02; Dft's expert discl are due 10/1/02; ddln for completing discovery is 1/1/03 and ddln for filing potentially dispositive motions is 3/1/03. Trial in this matter will be rescheduled for some time during the month of June 2003. The parties will receive a notice of the trial date. all counsel) (EJC) (Entered: 04/03/2002)

MEMORANDUM by defendant Autozone, Inc. in opposition to motion to compel discovery [70-1] (document placed in seperate cover) (filed w/ exhibits 1-10) (Former Emp) (Entered: 04/12/2002)

MOTION by defendant Autozone, Inc. to dismiss or to limit monetary relief or to limit temporal scope (PWM) (Entered: 04/16/2002)

MEMORANDUM by defendant Autozone, Inc. in support of motion to dismiss or to limit monetary relief or to limit temporal scope (and on the issue of Laches) (filed w/ exhibits 1-14) (document placed under seperate cover) [87-1] (PWM) (Entered: 04/16/2002)

MOTION by plaintiff EEOC for leave to file reply brief (PWM) (Entered: 04/19/2002)

MEMORANDUM by plaintiff EEOC in support of motion for leave to file reply brief [89-1] (PWM) (Entered: 04/19/2002)

MOTION by plaintiff EEOC for leave to file reply brief - CJT w/p/o - FMRJ 4/22/02 (EJC) (Entered: 04/23/2002)

PROPOSED ORDER submitted by plaintiff EEOC - OJT (EJC) (Entered: 04/23/2002)

UNOPPOSED MOTION by plaintiff EEOC for extended 30 days to reponse to dft's motion to dismiss or to limit monetary relief or to limit temporal scope (PWM) (Entered: 05/01/2002)

MEMORANDUM by plaintiff EEOC in support of motion for extended 30 days to reponse to dft's motion to dismiss or to limit monetary relief or to limit temporal scope [93-1] (PWM) (Entered: 05/01/2002)

CERTIFICATE OF CONSULTATION by plaintiff EEOC (PWM) (Entered: 05/01/2002)

ORDER by Chief Judge James D. Todd granting motion to dismiss or to limit monetary relief or to limit temporal scope [87-1] - Plf is granted 30 days from the date of service of Dft's motion to dismiss to respond to that motion - (cc: all counsel) (EJC) (Entered: 05/03/2002)

ORDER DIRECTING DFT TO REFILE ITS RESONSE & GRANTING PLA'S MOTION TO FILE A REPLY BRIEF. by Mag Judge J. D. Breen granting motion for leave to file reply brief [89-1] The dft is directed to resubmit its brief in respone to the pla's moiton to compel, limiting the pgs to 20 in number. Dft shall submit said responsive brief w/n 15 days of the entry of this order. Failure to do so may result in the motion of the pla being granted. In addition, the pla is granted 10 days from the submission of the dft's brief to file a reply brief, limited to 5 pgs in number. Both the responsive brief and reply brief shall be double spaced. (cc: all counsel) (PWM) (Entered: 05/08/2002)

RESPONSE IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS OR TO LIMIT TEMPORAL SCOPE AND ON THE ISSUE OF LACHES by plaintiff EEOC to [87-1] w/attached Exhibits [document placed in separate folder] (EHG) (Entered: 05/16/2002)

ORDER by Mag Judge J. D. Breen : dft Autozone's motion to exceed the twenty page limit and to submit a twenty-seven page response is hereby GRANTED. (cc: all counsel) (YDS) (Entered: 05/21/2002)

MEMORANDUM by defendant Autozone, Inc. in opposition to Plf EEOC's motion to compel - CJt - FMRJ 5/23/02 (EJC) (Entered: 05/24/2002)