Case: EEOC v. MEMPHIS LAMP, INC.

EEOC v. Memphis Lamp, Inc.

EEOC v. Memphis Lamp, Inc.

EEOC v. Memphis Lamp, Inc.

EEOC v. Memphis Lamp, Inc.

EEOC v. Memphis Lamp, Inc.

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (Summons(es) issued) Receipt #: n/a; Filing fee $ n/a 42:2000 ra (PWM) (Entered: 04/30/2001)

ANSWER by defendant Memphis Lamp, Inc. to [1-1]; jury demand (PWM) (Entered: 06/28/2001)

ATTORNEY APPEARANCE for defendant Memphis Lamp, Inc. by Jeff Weintraub & Kenneth Cooper (PWM) (Entered: 07/19/2001)

SETTING LETTER ; scheduling conference set for 9:00 8/15/01 to appear in Courtroom 1 11th Flr. (PWM) (Entered: 07/24/2001)

NOTICE OF FILING OF REPORT OF PARTIES' RULE 26(f) PLANNING MEETING by defendant Memphis Lamp, Inc. (PWM) (Entered: 08/16/2001)

MOTION by plaintiff EEOC to substitute attorney Faye A. Williams for Terry Beck (PWM) (Entered: 08/16/2001)

MOTION by plaintiff EEOC to substitute attorney Thomas J. Borek for Steven W. Dills (PWM) (Entered: 08/16/2001)

MOTION by plaintiff EEOC for attorney Thomas J. Borek to appear pro hac vice (PWM) (Entered: 08/16/2001)

MINUTES: Rule 26(a)(1) Disclsoure ddl 9/15/01; pla joining parties ddl 5:00 12/15/01; pla amending pleadings ddl set 5:00 1/15/02;Pla experts ddl 1/15/02; Dft ddl join parties 2/5/02; Dft experts ddl 2/15/02; Dft amend pleadings 3/5/02; discovery ddl set 5:00 5/15/02; Dispositive/summary judgment motion filing ddl set 5:00 6/15/02 jury trial set 9:30 10/21/02 and is estimated to last 3 days. Type of hearing held: Rule 16(b) Conference Parties w/ pursue private mediation Presiding Judge: J. Gibbons PLA Atty: T. Erry Beck & T. Borek DFT Atty: J. Weintraub C/R: Mark Dodson (PWM) (Entered: 08/17/2001)

ORDER by Judge Julia S. Gibbons granting motion for attorney Thomas J. Borek to appear pro hac vice [8-1] (cc: all counsel) (PWM) (Entered: 08/17/2001)

ORDER by Judge Julia S. Gibbons granting motion to substitute attorney [6-1] attorney Terry L. Beck for EEOC and substituting attorney Faye A. Williams (cc: all counsel) (PWM) (Entered: 08/17/2001)

ORDER by Judge Julia S. Gibbons granting motion to substitute attorney [7-1] attorney Steven W. Dills for EEOC and substituting attorney Thomas Borek (cc: all counsel) (PWM) (Entered: 08/17/2001)

SCHEDULING ORDER 16(b) Judge Julia S. Gibbons ;pla's deadline for joining parties set for 12/15/01; Pla deadline to amend pleading 1/15/02; Pla's expert disclosures are due 1/15/02; Dft's deadline for joining parties set for 2/5/02; Dft's expert disclosures are due 2/15/02; discovery deadline set for 5/15/02 ; jury trial set for 10/21/02 at 9:30 and is expected to last 3 days; The parties will pursue private mediation. (cc: all counsel) (PWM) (Entered: 08/22/2001)

NOTICE by defendant Memphis Lamp, Inc. of taking deposition of Irene Patterson on 10/8/01 at the office of Weintraub, Stock, Bennett & Grisham P.C. (PWM) (Entered: 09/18/2001)

NOTICE by defendant Memphis Lamp, Inc. of taking deposition of Kendra Hardy on 10/8/01 beginning at 8:00 at the law office of Weintraub, Stock, Bennett & Grisham P.C. (PWM) (Entered: 09/18/2001)

MOTION by defendant Memphis Lamp, Inc. for leave to file amended answer, adding an affirmative defense (PWM) (Entered: 03/06/2002)

MEMORANDUM by defendant Memphis Lamp, Inc. in support of motion for leave to file amended answer, adding an affirmative defense [16-1] (PWM) (Entered: 03/06/2002)

ORDER GRANTING DFT'S MOTION FOR LEAVE TO FILE AMENDED ANSWER ADDING AN ARFFIRMATIVE DEFENSE by Judge Julia S. Gibbons granting motion for leave to file amended answer, adding an affirmative defense (cc: all counsel) (PWM) (Entered: 03/08/2002)

AMENDED ANSWER [2-1] by defendant Memphis Lamp, Inc.; jury demand (PWM) (Entered: 03/08/2002)

JOINT MOTION by plaintiff, defendant to extend discovery and dispositive-motions deadline (PWM) (Entered: 04/18/2002)

MEMORANDUM by defendant Memphis Lamp, Inc. in support of motion to extend discovery and dispositive-motions deadline [20-1] (PWM) (Entered: 04/18/2002)

SETTING LETTER ; pretrial order deadline set for 10/4/02 : pretrial conference set for 10/11/02 at 1:30 : jury trial set for 10/21/02 at 9:30 (PWM) (Entered: 04/19/2002)

ORDER GRANTING EXTENSION OF DEADLINE FOR DISCOVERY & DISPOSTIVE MOTIONS by Judge Julia S. Gibbons granting motion to extend discovery and dispositive-motions deadline [20-1] ddl completing discovery 6/28/02; ddl for filing dispositive motions is 8/2/02. (cc: all counsel) (PWM) (Entered: 04/19/2002)

MOTION by plaintiff EEOC for leave to severe more than twenty-five interrogatories (PWM) (Entered: 05/28/2002)

MEMORANDUM by plaintiff EEOC in support of motion for leave to severe more than twenty-five interrogatories (filed w/ exhibit A) [24-1] (PWM) (Entered: 05/28/2002)

CERTIFICATE OF CONSULTAION REGARDING PLA'S MOTION FOR LEAVE TO SERVE MORE THAN 25 INTERROGATORIES by plaintiff EEOC (PWM) (Entered: 05/28/2002)

RESPONSE by defendant Memphis Lamp, Inc. to motion for leave to severe more than twenty-five interrogatories [24-1] (PWM) (Entered: 06/10/2002)

ORDER ON PLA'S MOTION FOR LEAVE TO SERVE MORE THAN TWENTY-FIVE INTERROGATORIES by Judge Julia S. Gibbons finding the motion for leave to severe more than twenty-five interrogatories moot. Based upon the agreement of the parties this motion is denied as moot. (cc: all counsel) (PWM) (Entered: 06/14/2002)

ADMINISTRATIVE ORDER # 02-11 by Chief Judge James D. Todd Case reassigned to Judge Samuel H. Mays Jr. (cc: all counsel) (PWM) (Entered: 06/19/2002)

SECOND JOINT MOTION by plaintiff, defendant to extend discovery and dispostive motion deadlines and motion to continue trial (PWM) (Entered: 06/26/2002)

MEMORANDUM by plaintiff, defendant in support of joint motion to extend discovery and dispostive motion deadlines and motion to continue trial [30-1] (PWM) (Entered: 06/26/2002)

SETTING LETTER : status conference set for 7/18/02 at 2:00 to appear in courtroom 2 11th flr. (PWM) (Entered: 07/08/2002)

MINUTES: ; Status conference held 7/18/02; joining parties ddl 8/15/02; amending pleadings ddl set 8/15/02; discovery ddl set 9/17/02; dispositive motion filing ddl set 10/31/02; Responses due 11/15/02; pretrial order ddl 1/10/03; pretrial conference set 1:30 1/17/03; jury trial set 9:30 1/27/03 which is expected to last 3 days granting motion to extend discovery and dispostive motion deadlines and motion to continue trial [30-1] Type of hearing held: Status Conference - Schedule Reset; Pla advises case moving along will; Pla to submit settleement proposal w/n one week. Presiding Judge: S. Mays PLA Atty: T. Borek DFT Atty: Weintraub, Rick Charlton - Corp Counsel C/R: Sharlyn Phillips (PWM) (Entered: 07/19/2002)

MOTION by defendant Memphis Lamp, Inc. for leave to file second amended answer, adding an affirmative defense (PWM) (Entered: 08/16/2002)

MEMORANDUM by defendant Memphis Lamp, Inc. in support of motion for leave to file second amended answer, adding an affirmative defense [34-1] (PWM) (Entered: 08/16/2002)

CERTIFICATE OF CONSULATION by defendant Memphis Lamp, Inc. (PWM) (Entered: 08/16/2002)

MOTION by defendant Memphis Lamp, Inc. to strike Witness, or in the alternative, joint motion to to extend discovery deadline as to certain specific matters (PWM) (Entered: 09/18/2002)

MEMORANDUM by defendant Memphis Lamp, Inc. in support of motion to strike Witness [37-1] (PWM) (Entered: 09/18/2002)

ORDER OF REFERENCE by Judge Samuel H. Mays Jr. referring to Mag Judge Diane K. Vescovo the motion to extend discovery deadline [37-2] This matter is hereby referred to the US Mag Judge for determination. Any exceptions to the mag's report shall be made w/n 10 days of the report, setting forth particularly those portions of the order excepted to and the reasons for the exceptions. (cc: all counsel) (PWM) (Entered: 09/20/2002)

MEMORANDUM by plaintiff EEOC in support of request to pursue additional discovery responses of motion to strike Witness [37-1], of motion to extend discovery deadline [37-2] (PWM) (Entered: 09/23/2002)

SETTING LETTER : pretrial order deadline set for 1/10/03 : pretrial conference set for 1/17/03 at 1:30 : jury trial set for 1/27/03 at 9:30 (PWM) (Entered: 09/23/2002)

ORDER GRANTING DFT'S MOTION TO FILE SECOND AMENDED ANSWER by Judge Samuel H. Mays Jr. granting motion for leave to file second amended answer, adding an affirmative defense [34-1] For good cause shown, the motion is granted & the dft is allowed to file its amended answer. (cc: all counsel) (PWM) (Entered: 09/24/2002)

AMENDED ANSWER [19-1] by defendant Memphis Lamp, Inc.; jury demand (PWM) (Entered: 09/24/2002)

RESPONSE by plaintiff EEOC to motion to strike Witness [37-1] (PWM) (Entered: 10/03/2002)

ORDER GRANTING JOINT MOTION TO EXTEND DISCOVERY DEADLINE AS TO CERTAIN SPECIFIC MATTERS, DENYING DFT'S REQUEST FOR COSTS ASSOCIATED W/ OBTAINING DEPOSITION, AND DENYING AS MOOT DFT'S MOTION TO STRIKE by Mag Judge Diane K. Vescovo finding the motion to strike Witness [37-1] moot., granting motion to extend discovery deadline [37-2] .... both parties request that the discovery deadline be extended to provide the opportunity to depose witnesses Susan Guy, Leslie York & Mark Provins. For good cause shown, the discovery ddl is extended. Memphis Lamp's request to strike witness Susan Guy is accordingly denied as moot. ddl for completing discovery is 10/15/02. Both parties have until 10/15/02, to complete all depositions, pursue additional discovery responses, file motions, & respond to motions... Unlike Kystone, the dft in the present case issued a subpoena for Ms Guy's deposition which she ignored. The dft's remedy is comtempt proceedings against Ms. Guy. (cc: all counsel) (PWM) (Entered: 10/09/2002)

JOINT MOTION by plaintiff EEOC, defendant Memphis Lamp, Inc. to extend discovery deadline as to certain matters, joint motion to extend dispositive motion deadline, joint motion to continue trial setting (EHG) (Entered: 10/31/2002)

ORDER GRANTING JOINT MOTION TO EXTEND DEADLINES AND RESETTING TRIAL DATE by Judge Samuel H. Mays Jr. granting motion to extend discovery deadline as to certain matters, joint motion to extend dispositive motion deadline, joint motion to continue trial setting [46-1] discovery ddl set 12/15/02 motion filing ddl set 1/7/03 pretrial order ddl set 5:00 3/10/03 pretrial conference set 9:00 3/17/03 jury trial set 9:30 3/31/03 (cc: all counsel) (EHG) (Entered: 11/01/2002)

MOTION by defendant Memphis Lamp, Inc. for contempt, to extend discovery deadline as to a certain matter and motion to extend dispositive motion deadline (BAG) (Entered: 12/12/2002)

MEMORANDUM by defendant Memphis Lamp, Inc. in support of motion for contempt [48-1], of motion to extend discovery deadline as to a certain matter and motion to extend dispositive motion deadline [48-2] (BAG) (Entered: 12/12/2002)

ORDER TO SHOW CAUSE: by Judge Julia S. Gibbons; Pla EEOC's fact witness Susan M. Guy is ORDERED to appear before Judge Gibbons ans show cause on 12/18/02 at 9:00 why dft's motion for contempt should not be granted; Failure to appear may result in granting of dft's motion; (cc: all counsel) (BAG) (Entered: 12/13/2002)

SETTING LETTER : Show Cause Hearing set for 12/18/02 at 10:00am, Courtroom 1 (YDS) (Entered: 12/13/2002)

REMARK : Notice of Setting for Show Cause Hearing on 12/18/02 sent to Susan Guy (YDS) (Entered: 12/16/2002)

REMARK : Notice of Setting for Show Cause Hearing on 12/18/02 sent to Susan Guy (YDS)

EXHIBIT AND WITNESS list (for hearing held 12/18/02) (EHG) (Entered: 12/19/2002)

MINUTES: ; In-court/Show Cause Hearing held 12/18/02 . Re: Failure of Pla's Fact Witness, Susan M. Guy, to appear for depositions. Dft requests Ms. Guy be held in contempt of court and be sanctioned by ordering her to pay dft's costs and attys' fees. Court directed witness to appear to give her deposition on Friday, 12/20/02 @ 8:30 a.m. @ Mr. Weintraub's office. Also, Ms. Guy is to file her response to the fees issue in the dft's motion by 1/3/03. Court declined to find witness in contempt on her failures to appear. Court also denied the request for sanctions/fees. Court extended discovery ddl to 12/24/02; summary judgment ddl extended to 1/17/03. Court instructed Mr. Weintraub to submit proposed order incorporating content of today's findings by the court. Presiding Judge: Gibbons PLA Atty: T. Borek DFT Atty: J. Weintraub C/R: M. Dodson (EHG) (Entered: 12/19/2002)

MOTION by plaintiff, defendant to extend dispositive motion deadline, Pretrial deadline, & Trial Setting (PWM) (Entered: 01/14/2003)

AMENDED SCHEDULING ORDER 16(b) Judge Samuel H. Mays Jr. ; potentially dispositive motion filing deadline set for 1/27/03 ; proposed join pretrial order be entered on 3/24/03 ; pretrial conference set for 3/31/03 at 9:00 ; jury trial set for 4/21/03 at 9:30 granting motion to extend dispositive motion deadline, Pretrial deadline, & Trial Setting [54-1] (cc: all counsel) (PWM) (Entered: 01/14/2003)

SETTING LETTER : pretrial order deadline set for 3/24/03 : pretrial conference reset from 3/17/03 to 3/31/03 at 9:00 : jury trial reset from 3/31/03 to 4/21/03 at 9:30 (PWM) (Entered: 01/16/2003)

MOTION by defendant Memphis Lamp, Inc. for summary judgment (PWM) (Entered: 01/29/2003)

MOTION by defendant Memphis Lamp, Inc. for leave to exceed page limitation & Memorandum in support thereof (PWM) (Entered: 01/29/2003)

ORDER ALLOWING EXCESS PAGE LIMIT by Judge Samuel H. Mays Jr. granting motion for leave to exceed page limitation [58-1] For good cause shown, the motion is granted & dft may file its memorandum. (cc: all counsel) (PWM) (Entered: 01/30/2003)

MEMORANDUM by defendant Memphis Lamp, Inc. in support of motion for summary judgment (filed w/ exhibits 1-6) (documents placed under separate cover) [57-1] (PWM) (Entered: 01/30/2003)

MOTION by plaintiff EEOC to extend time to respond to motion for summary judgment (PWM) (Entered: 02/26/2003)

MEMORANDUM by plaintiff EEOC in support of motion to extend time to respond to motion for summary judgment [61-1] (PWM) (Entered: 02/26/2003)

CERTIFICATE OF CONSULTATION REGARDING PLA'S MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT by plaintiff EEOC (PWM) (Entered: 02/26/2003)

ORDER GRANTING MOTION FOR EXTENSION OF TIME by Judge Samuel H. Mays Jr. granting motion to extend time to respond to motion for summary judgment pla shall have additional time to and including 3/6/03, within which to respond to the pending motion for summary judgment (cc: all counsel) (PWM) (Entered: 03/03/2003)

MOTION by plaintiff EEOC for order for settlement conference & memorandum of law (PWM) (Entered: 03/06/2003)

ATTORNEY APPEARANCE for plaintiff EEOC by Celia S. Liner (PWM) (Entered: 03/06/2003)

RESPONSE by plaintiff EEOC to motion for summary judgment [57-1] (PWM) (Entered: 03/07/2003)

RESPONSE TO DFT'S STATEMENT OF FACTS by plaintiff EEOC (PWM) (Entered: 03/07/2003)

EEOC's EXHIBIT LIST (filed w/ ehxibits 1-20) (document placed in separate folder) (PWM) (Entered: 03/07/2003)

MEMORANDUM by plaintiff EEOC in opposition to Memphis Lamp, Inc. motion for summary judgment [57-1] (PWM) (Entered: 03/19/2003)

SETTING LETTER : status conference set for 3/20/03 at 9:00 (PWM) (Entered: 03/12/2003)

MOTION by plaintiff EEOC for order for correction of filing irregularitites (PWM) (Entered: 03/14/2003)

MEMORANDUM by plaintiff EEOC in support of motion for order for correction of filing irregularitites [71-1] (PWM) (Entered: 03/14/2003)

MOTION by plaintiff EEOC for Leave to File Pla's Amended Response to Dft's Statement of Fact (PWM) (Entered: 03/14/2003)

MEMORANDUM by plaintiff EEOC in support of motion for Leave to File Pla's Amended Response to Dft's Statement of Fact [73-1] (PWM) (Entered: 03/14/2003)

MOTION AND MEMORANDUM IN SUPPORT THEREOF by defendant Memphis Lamp, Inc. for leave to file reply brief (PWM) (Entered: 03/14/2003)

ORDER GRANTING MOTION TO CORRECT DOCKET by Judge Samuel H. Mays Jr. granting motion for order for correction of filing irregularitites [71-1] re [69-1] The Clerk of Court is directed to remove Pla's Memorandum in Opposition to Dft's Motion for Summary Judgment from the documents filed as EEOC's Exhibht List under docket entry #69, & to file pla's Memorandum under a separate document number & to correct the docket to reflect that Pla's Memorandum was filed on 3/6/03. (cc: all counsel) (PWM) (Entered: 03/19/2003)

ORDER GRANTING MOTION TO FILE REPLY BRIEF by Judge Samuel H. Mays Jr. granting motion for leave to file reply brief [75-1] Pla does not oppose the motion. For good cause shown, the motion is granted & dft is allowed to file its reply brief. (cc: all counsel) (PWM) (Entered: 03/19/2003)

ORDER GRANTING MOTION TO FILE AMENDED RESPONSE TO DFT'S STATMENT OF FACTS by Judge Samuel H. Mays Jr. granting motion for Leave to File Pla's Amended Response to Dft's Statement of Fact [73-1] For good cause shown, the motion is granted & pla is allowed to file its amended response. (cc: all counsel) (PWM) (Entered: 03/19/2003)

AMENDED RESPONSE TO DFT'S STATMENT OF FACTS by plaintiff EEOC to [68-1] (PWM) (Entered: 03/19/2003)

JOINT MOTION by pla & dft for order to reschedule pre-trial conference & to extend time for pre-trial order (PWM) (Entered: 03/21/2003)

MEMORANDUM by EEOC, Memphis Lamp, Inc. in support of motion for order to reschedule pre-trial conference & to extend time for pre-trial order [81-1] (PWM) (Entered: 03/21/2003)

ORDER REFERRING CASE FOR SETTLEMENT CONFERENCE by Judge Samuel H. Mays Jr. granting motion for order for settlement conference [65-1] At the requested of counsel this matter is referred to the Mag Judge Vescovo for a settlement conference at a time to be determined by the mag judge. (cc: all counsel) (PWM) (Entered: 03/24/2003)

MINUTES: ; Status conference held 3/20/03 Type of hearing held: Status Conference - Pla wants settlement conference; Dft does not feel conference will be helpful; Trial set 4/21/03; This case may be transferred to Judge Breen; Court will refer to Mag. Judge Vescovo for Settlement Conference. Presiding Judge: S. Mays PLA Atty: C. Lines & T. Borek DFT Atty: J. Weintraub & Cooper C/R: S. Phillips (PWM) (Entered: 03/24/2003)

ADMINISTRATIVE ORDER #03-06 by Chief Judge James D. Todd Case reassigned to Judge J. D. Breen (cc: all counsel) (PWM) (Entered: 03/25/2003)

RULE 26 (a)(3) Disclosures by EEOC (PWM) (Entered: 03/27/2003)

ORDER DENYING AS MOOT PLA'S MOTION FOR SETTLEMENT CONFERENCE by Judge J. D. Breen finding the motion for order for settlement conference [65-1] moot. settlement conference has now been set in this matter, pla's motion is DENIED as MOOT. (cc: all counsel) (PWM) (Entered: 03/28/2003)

ORDER CONTINUING TRIAL DATE & GRANTING PARTIES' JOIN MOTION FOR ORDER TO RESCHEDULE PRETRIAL CONFERENCE & TO EXTEND TIME FOR PRETRIAL ORDER by Judge J. D. Breen granting motion for order to reschedule pre-trial conference & to extend time for pre-trial order [81-1]....based upon the continuance of the trial of this action, the parties' join motion for an order to reschedule the pretrial conference & to extend time for submission of the pretrial order filed 3/20/03 is GRANTED. Pretrial conference & ddls for the pretrial order will be reset following a status conference to be set by the court. (cc: all counsel) (PWM) (Entered: 03/31/2003)

SETTING LETTER follow-up settlement conference set for 9:30 4/25/03 (PWM) (Entered: 04/09/2003)

SETTING LETTER : status conference set for 7/2/03 at 2:30 (CCP) (Entered: 06/19/2003)

SETTING LETTER ; scheduling conference set for 2:00 7/1/03 (CCP) (Entered: 06/19/2003)

ORDER by Judge J. D. Breen dismissing case ; and pending motions are denied as moot and all proceedings currently set before the court are removed from the court's calendar; (cc: all counsel) (CCP) (Entered: 06/30/2003)

CONSENT DECREE; for purposes of settlement and compromise; by Judge J. D. Breen : (cc: all counsel) (CCP) (Entered: 07/03/2003)

MINUTES: STATUS CONF. Court signed consent decree for a period of 12 mos. case to be dismissed thereafter by the court, with prejudice; Presiding Judge: J. Daniel Breen PLA Atty: T. Borek (by Phone) DFT Atty: J. Weintraub (CCP) (Entered: 07/08/2003)

JUDGMENT IN A CIVIL CASE. In accordance with the Consent Decree, case is dismissed with prejudice. Signed by Judge J. Daniel Breen. (jae, ) (Entered: 01/28/2005)