Case: EEOC v. Bashas' Inc.

EEOC v. Bashas' Inc., et al

EEOC v. Bashas' Inc., et al

EEOC v. Bashas' Inc., et al

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(Rosas, Lucila) (Entered: 08/17/2005)

Summons Issued as to Bashas' Inc, Navajo Nation. (Attachments: # 1 Supplement)(MRB, ) (Entered: 08/22/2005)

SUMMONS Returned Executed by Equal Employment Opportunity Commission. Bashas' Inc served on 8/25/2005, answer due 9/14/2005; Navajo Nation served on 8/29/2005, answer due 9/19/2005. (Attachments: # 1 Supplement Service to Navajo Nation)(Rosas, Lucila) (Entered: 09/06/2005)

First MOTION for Extension of Time to File Answer or Otherwise Plead by Navajo Nation. (Denetsosie, Louis) (Entered: 09/13/2005)

ANSWER to Complaint by Bashas' Inc.(Quincy, Stephanie) (Entered: 09/14/2005)

RESPONSE in Opposition re 4 First MOTION for Extension of Time to File Answer or Otherwise Plead filed by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 09/14/2005)

ORDER granting 4 Motion for Extension of Time to Answer. Navajo Nation answer due 11/3/2005 . Signed by Judge Stephen M McNamee on 9/15/05. (LCF) (Entered: 09/15/2005)

Standard Civil Track Initial ORDER . Signed by Judge Stephen M McNamee on 9/19/05. (TCA, ) (Entered: 09/19/2005)

MOTION to Stay Proceedings Pending Petition for Writ of Certiorari by Navajo Nation. (Attachments: # 1 # 2)(Denetsosie, Louis) (Entered: 10/14/2005)

MOTION for Admission Pro Hac Vice by Paul E Frye on behalf of Navajo Nation. (BAS, ) (Entered: 10/24/2005)

MOTION for Admission Pro Hac Vice for Lisa M Enfield on behalf of Navajo Nation. (BAS, ) (Entered: 10/24/2005)

ORDER pursuant to General Order 05−25 granting 11 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/24/2005)

ORDER pursuant to General Order 05−25 granting 13 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/24/2005)

Corporate Disclosure Statement by Bashas' Inc. (Quincy, Stephanie) (Entered: 10/26/2005)

Joinder re 10 MOTION to Stay Proceedings Pending Petition for Writ of Certiorari by Defendants Bashas' Inc, Navajo Nation. (Attachments: # 1 Exhibit A−J)(Bacalzo, Rachel) (Entered: 10/31/2005)

Joinder re 16 Joinder Corrected by Defendants Bashas' Inc, Navajo Nation. (Bacalzo, Rachel) (Entered: 11/01/2005)

First MOTION for Expedited Ruling on Motion for Stay re 10 MOTION to Stay Proceedings Pending Petition for Writ of Certiorari by Navajo Nation. (Frye, Paul) (Entered: 11/01/2005)

RESPONSE in Opposition re 10 MOTION to Stay Proceedings Pending Petition for Writ of Certiorari filed by Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 11/01/2005)

ORDER granting 10 Motion to Stay proceedings pending Petition for Writ of Certiorari; Stay Deadline set for 5/2/2006.. Signed by Judge Stephen M McNamee on 11/1/05. (MAP, ) (Entered: 11/02/2005)

MOTION for Leave to File Excess Pages for Motion to Dismiss and Supporting Memorandum by Navajo Nation. (Attachments: # 1 Exhibit Proposed Motion to Dismiss and Supporting Memorandum# 2 Exhibit to Proposed Motion to Dismiss and Supporting Memorandum)(Frye, Paul) (Entered: 02/09/2006)

ORDER granting 21 Navajo Nation's Motion for Leave to File Excess Pages. Signed by Judge Stephen M McNamee on 3/16/06. (TLJ) (Entered: 03/16/2006)

NOTICE of Attorney Substitution by Sally Clifford Shanley (Shanley, Sally) (Entered: 03/21/2006)

MOTION to Dismiss Case For Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, Insufficiency of Process, Failure to State a Claim, Lack of Capacity, Failure to Exhaust Tribal Remedies and Failure to Join the United States as an Indispensable Party and Memorandum in Support Thereof by Navajo Nation.

ERRATA re 25 MOTION to Continue To Engage in Discovery Pursuant to Rules 56(f) and 26 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit)(Nutter, Karen) (Entered: 04/21/2006)

ORDER granting 25 the EEOC's request for an expedited ruling vacating the May 5, 2006 deadline for the EEOC and Bashas' Inc. to respond to the Navajo Nation's motion to dismiss. VACATING the May 5, 2006 deadline for the EEOCand Bashas' Inc. to respond to the Navajo Nation's motion to dismiss. no later than May 5, 2006, the Navajo Nation and Bashas' Inc. shall file a response to the EEOC's Motion for Continuance. Any response shall be served by electronic filing. no later than May 12, 2006, the EEOC may file a reply to any response to its Motion for Continuance. Any reply shall be served by electronic filing. Signed by Judge Stephen M McNamee on 04/24/06. (KCS) (Entered: 04/24/2006)

RESPONSE in Opposition re 25 MOTION to Continue To Engage in Discovery Pursuant to Rules 56(f) and 26 filed by Navajo Nation. (Frye, Paul) (Entered: 05/05/2006)

RESPONSE in Opposition re 25 MOTION to Continue To Engage in Discovery Pursuant to Rules 56(f) and 26 filed by Bashas' Inc. (Quincy, Stephanie) (Entered: 05/05/2006)

NOTICE of Attorney Substitution by Katherine J Kruse (Kruse, Katherine) (Entered: 05/09/2006)

REPLY to Response to Motion re 25 MOTION to Continue To Engage in Discovery Pursuant to Rules 56(f) and 26 filed by Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 05/12/2006)

Notice re Errata by Navajo Nation (Frye, Paul) (Entered: 05/24/2006)

MOTION to Stay Proceedings Pending Resolution of EEOC v. Peabody Western Coal Co., No. CIV 01−1050−PHX−MHM by Navajo Nation. (Frye, Paul) (Entered: 06/06/2006)

RESPONSE in Opposition re 33 MOTION to Stay Proceedings Pending Resolution of EEOC v. Peabody Western Coal Co., No. CIV 01−1050−PHX−MHM filed by Equal Employment Opportunity Commission. (Nutter, Karen) (Entered: 06/23/2006)

REPLY to Response to Motion re 33 MOTION to Stay Proceedings Pending Resolution of EEOC v. Peabody Western Coal Co., No. CIV 01−1050−PHX−MHM filed by Navajo Nation. (Frye, Paul) (Entered: 06/29/2006)

Notice re of Supplemental Authority by Navajo Nation re 24 MOTION to Dismiss Case For Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, Insufficiency of Process, Failure to State a Claim, Lack of Capacity, Failure to Exhaust Tribal Remedies and Failure to Join the United States as an Indi (Frye, Paul) (Entered: 11/02/2006)

RESPONSE re 36 Other Notice, Navajo Nation's Notice of Supplemental Authority by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A)(Nutter, Karen) (Entered: 11/20/2006)

MEMORANDUM OF DECISION AND ORDER granting 33 Motion to Stay. All proceedings in the instant case are STAYED pending the issuance of the Ninth Circuit's mandate in CV 01−1050−PHX−MHM. ORDER denying without prejudice 24 Motion to Dismiss Case to RE−FILING the same or a revised motion within 20 court days after the Ninth Circuit's mandate issues in CV 01−1050−PHX−MHM.. Signed by Judge Stephen M McNamee on 12/13/06.(TLJ) (Entered: 12/14/2006)

NOTICE of Attorney Substitution by Lucila G Rosas (Rosas, Lucila) (Entered: 12/20/2006)

Minute Order: The parties to submit a status report no more than 5 pages in length by 2/23/2009. Status Report due by 2/23/2009. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA, ) (Entered: 01/22/2009)

STATUS REPORT by Navajo Nation. (Frye, Paul) (Entered: 02/17/2009)

STATUS REPORT by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 02/23/2009)

STATUS REPORT by Bashas' Inc. (Quincy, Stephanie) (Entered: 02/23/2009)

NOTICE OF FILING BANKRUPTCY Upon the Record as to Defendant Bashas', Inc. by Bashas' Inc (Attachments: # 1 Exhibit A)(Quincy, Stephanie) (Entered: 07/16/2009)

Minute Order: The parties are to submit a status report no more than 5 pages in length to the Court by 2/1/2010. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA, ) (Entered: 01/07/2010)

STATUS REPORT by Navajo Nation. (Frye, Paul) (Entered: 01/07/2010)

STATUS REPORT by Bashas' Inc. (Quincy, Stephanie) (Entered: 01/08/2010)

STATUS REPORT by Equal Employment Opportunity Commission. (Rosas, Lucila) (Entered: 01/13/2010)

MOTION to Withdraw as Attorney Katherine J. Kruse by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Rosas, Lucila) (Entered: 01/13/2010)

ORDER granting 50 Motion to Withdraw as Attorney; Katherine J Kruse is withdrawn as counsel for plaintiff; Mary Jo ONeill, Sally C Shanley, and Lucila G Rosas remain as counsel of record for the EEOC. Signed by Judge Stephen M McNamee on 1/14/10.(REW, )

ORDER granting 50 Motion to Withdraw as Attorney; Katherine J Kruse is withdrawn as counsel for plaintiff; Mary Jo ONeill, Sally C Shanley, and Lucila G Rosas remain as counsel of record for the EEOC. Signed by Judge Stephen M McNamee on 1/14/10.(REW, )

Minute Order: The parties to submit a status report no more than 5 pages in length by 7/19/2010. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 06/15/2010)

STATUS REPORT by Navajo Nation. (Frye, Paul) (Entered: 06/21/2010)

STATUS REPORT by Bashas' Incorporated. (Quincy, Stephanie) (Entered: 06/23/2010)

STATUS REPORT Revised by Navajo Nation. (Frye, Paul) (Entered: 06/24/2010)

NOTICE of Attorney Substitution by Valerie Leigh Meyer adding Valerie Leigh Meyer,Valerie Leigh Meyer for Equal Employment Opportunity Commission (Meyer, Valerie) (Entered: 06/24/2010)

STATUS REPORT by Equal Employment Opportunity Commission. (Meyer, Valerie) (Entered: 07/19/2010)

MOTION to Dismiss Case for Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, Insufficiency of Process, Failure to State a Claim, Lack of Capacity, Failure to Exhaust Tribal Remedies, and Failure to Join the United States as an Indispensable Party by Navajo Nation re 38 Order on Motion to Stay, Order on Motion to Dismiss. (Attachments: # 1 Text of Proposed Order)(Frye, Paul) Modified on 10/4/2010 (TLJ). CORRECTION from incorrect event selected. (Entered: 10/04/2010)

MOTION to Stay Proceedings by Navajo Nation. (same pdf as Doc. 58) (TLJ) (Entered: 10/04/2010)

NOTICE of Attorney Substitution by James P Driscoll−MacEachron on behalf of Equal Employment Opportunity Commission (Driscoll−MacEachron, James) Modified on 10/21/2010 (TLJ). DOCKET updated to reflect plaintiff. (Entered: 10/20/2010)

AMENDED NOTICE of Attorney Substitution by Andrea Gail Baran on behalf of Equal Employment Opportunity (Baran, Andrea) Modified on 10/21/2010 (TLJ). DOCKET updated to reflect plaintiff. (Entered: 10/20/2010)

RESPONSE in Opposition re 59 MOTION to Stay filed by Equal Employment Opportunity Commission. (Driscoll−MacEachron, James) (Entered: 10/21/2010)

MOTION for Extension of Time to File Response/Reply as to 58 MOTION to Dismiss for Lack of Jurisdiction by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Driscoll−MacEachron, James) (Entered: 10/22/2010)

First MOTION for Extension of Time to File Response/Reply as to 63 Response in Opposition to Motion by Navajo Nation. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Frye, Paul) (Entered: 10/25/2010)

ORDER − IT IS ORDERED GRANTING Pla EEOC's 64 Unopposed Motion for Extension of Time to File Response to the Navajo Nation's Motion to Dismiss. FURTHER ORDERED that the deadline for Pla to file its Response to the Navajo Nation's re−filed 58 MOTION to Dismiss is extended to 12/8/10. Signed by Judge Stephen M McNamee on 10/25/10. (SAT) (Entered: 10/25/2010)

Joinder re 58 MOTION to Dismiss for Lack of Jurisdiction, 59 MOTION to Stay by Defendant Bashas' Incorporated. (Quincy, Stephanie) (Entered: 11/04/2010)

REPLY to Response to Motion re 59 MOTION to Stay filed by Navajo Nation. (Frye, Paul) (Entered: 11/04/2010)

NOTICE of Appearance by Christopher Robert Houk on behalf of Equal Employment Opportunity Commission (Houk, Christopher) (Entered: 11/10/2010)

ORDER:ORDERED that the Navajo Nations Motion to Stay Proceedingsis GRANTED at this time only to the extent that all proceedings in the instant case areSTAYED pending expiration of the date for filing of a petition for a writ of certiorari in thePeabody Appeal.FURTHER ORDERED that the Navajo Nations Motion to Dismiss isDENIED WITHOUT PREJUDICE TO REFILING the same or a revised motion withinfourteen (14) days after the expiration of the last day for a party to the Peabody Appeal to filea petition for a writ of certiorari.. Signed by Judge Stephen M McNamee on 11/17/2010.(TCA) (Entered: 11/18/2010)

ORDER : Status Conference set for 1/11/2011 03:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 12/16/2010. (TCA) (Entered: 12/16/2010)

STATUS REPORT and MOTION to Vacate 70 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Stay, Order on Motion for Extension of Time to File Response/Reply,,,,,, 71 Order, Set/Reset Hearings by Navajo Nation. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Frye, Paul) Modified on 12/20/2010 to reflect second part of two−part document. (SAT). (Entered: 12/17/2010)

ORDER staying proceedings in this case pending expiration ofthe extended deadline for filing of a petition for a writ of certiorari in the Peabody Appeal.FURTHER ORDERED GRANTING Defendant Navajo Nations Motion(Doc. 72) to vacate the status conference scheduled for Tuesday, January 11, 2011 at 3:00p.m.IT IS FURTHER ORDERED that Defendant Navajo Nation is to file written noticeby February 4, 2011 updating the Court on the status of the Peabody Appeal.. Signed by Judge Stephen M McNamee on 12/20/2010.(TCA) (Entered: 12/20/2010)

MOTION to Stay re 73 Order on Motion to Vacate,, and Status Report by Navajo Nation. (Attachments: # 1 Text of Proposed Order)(Frye, Paul) (Entered: 01/27/2011)

ORDER GRANTING Defendant Navajo Nations Motion forExtension of Stay (Doc. 74) pending either the grant or denial of its Petition for Writ ofCertiorari in the Peabody Appeal. FURTHER ORDERED that Defendant Navajo Nation is ordered to file noticewith the Court within seven days upon either the grant or denial of its Petition for Writ ofCertiorari in the Peabody Appeal. Signed by Judge Stephen M McNamee on 1/31/2011.(TCA) (Entered: 01/31/2011)

STATUS REPORT by Navajo Nation. (Frye, Paul) (Entered: 10/03/2011)

ORDER re 76 Status Report filed by Navajo Nation Status Conference set for 10/24/2011 at 01:30 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Stephen M McNamee.. Signed by Judge Stephen M McNamee on 10/13/2011. (TCA) (Entered: 10/13/2011)

Minute Entry. Proceedings held before Judge Stephen M McNamee: Appearances: Andrea Baran/James Driscoll−MacEachron for plaintiff; Stephanie Quincy for defendant Bashas; Lisa Enfield/Paul Frye for defendant Navajo NationStatus Conference held on 10/24/2011. Case discussion held. Parties to provide to the Court a copy of the lease and the deposition of the Secretary of the Interior and provide copies to each other. Notice to be filed with Court. Court will enter an order. (ECRO Vicki Reger.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 10/24/2011)

TRANSCRIPT REQUEST by Navajo Nation for proceedings held on 10/24/2011 before Judge Stephen M. McNamee.. (Frye, Paul) (Entered: 10/25/2011)

NOTICE re Service of Deposition of Stewart L. Udall by Navajo Nation re 78 Status Conference,, . (Attachments: # 1 Exhibits)(Frye, Paul) (Entered: 10/25/2011)

NOTICE re Service of Lease Between Bashas' Inc. and Navajo Nation by Bashas' Incorporated re 78 Status Conference,, . (Attachments: # 1 Exhibit A − Lease)(Quincy, Stephanie) (Entered: 10/26/2011)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings held on 10/24/2011, before Judge Stephen M McNamee. Court Recorder Vicki Reger /Transcriber AVTranz. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/22/2011. Redacted Transcript Deadline set for 12/2/2011. Release of Transcript Restriction set for 1/30/2012. (BAS) (Entered: 11/01/2011)

TRANSCRIPT REQUEST by Peabody Western Coal Company for proceedings held on 10/24/2011 before Judge MCNAMEE.. (King, Kathryn) (Entered: 11/01/2011)

TRANSCRIPT REQUEST by Equal Employment Opportunity Commission for proceedings held on 10/24/2011 before Judge Stephen M. McNamee.. (Driscoll−MacEachron, James) (Entered: 11/03/2011)

First MOTION to Amend/Correct 1 Complaint by Equal Employment Opportunity Commission. (Attachments: # 1 Proposed Amended Complaint, # 2 Text of Proposed Order)(Driscoll−MacEachron, James) (Entered: 11/04/2011)

ORDER GRANTING EEOC's First Motion for Leave to Amend Its Complaint Doc. 85 . Signed by Judge Stephen M McNamee on 11/22/2011.(KMG) (Entered: 11/23/2011)

ORDER STAYING this matter pending the disposition of motions of a related case currently being litigated in this District, EEOC v. Peabody Western Coal Co., No. CV 01−1050−PHX−JWS. FURTHER ORDERED that the parties are not required to file interim status. reports regarding the progress of the Peabody Western Coal litigation. FURTHER ORDERED that at an appropriate juncture the parties may move in this Court to vacate the stay and resume this litigation to its conclusion. Signed by Senior Judge Stephen M McNamee on 4/6/2012. (KMG) (Entered: 04/06/2012)

NOTICE re Order and Judgment in Related Matter by Navajo Nation . (Frye, Paul) (Entered: 10/31/2012)

ORDER Status Conference set for 11/18/2014 at 02:30 PM in Courtroom 401, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Stephen M McNamee. Signed by Senior Judge Stephen M McNamee on 11/4/2014. (LMR) (Entered: 11/05/2014)

STIPULATION of Dismissal by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Driscoll−MacEachron, James) (Entered: 11/07/2014)

ORDER pursuant to the parties' 91 Stipulation of Dismissal: DISMISSING WITH PREJUDICE any and all claims with all parties to bear their respective costs and attorney's fees. Signed by Senior Judge Stephen M McNamee on 11/10/2014. (KMG) (Entered: 11/12/2014)