Case: EEOC v. Sonic Drive-In

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT (2 summons(es) issued) with copy, mailed to plf's atty for service; fee waived (NHS) (Entered: 03/08/2001)

RETURN OF SERVICE executed upon dft Sonic Drive-In on 3/27/01 by certified mail on Leslie Newnhan; ret rcpt signed by Helen Newnham (NHS) (Entered: 04/03/2001)

RETURN OF SERVICE executed upon dft Barry Fergueson on 3/14/01 by certified mail on Barry Fergueson; ret rcpt signed by Melinda Ferguson (NHS) (Entered: 04/03/2001)

ANSWER by dft Barry Fergueson to COMPLAINT [1-1] (NHS) (Entered: 04/04/2001)

MOTION by dft Barry Fergueson to dismiss, or, in the alternative, to join persons needed for just adjudication (NHS) (Entered: 04/04/2001)

MEMORANDUM by dft Barry Fergueson in support of mtn to dismiss [5-1], of mtn to join persons needed for just adjudication [5-2] (NHS) (Entered: 04/04/2001)

ANSWER by dft Sonic Drive-In to COMPLAINT [1-1] (NHS) (Entered: 04/17/2001)

ORDER FOR MEETING AND REPORT by Judge Jennifer B. Coffman counsel to conduct meeting by 5/16/01; exchange discl FILE written JOINT REPORT by 5/26/01 (cc: all counsel) [EOD Date: 4/17/01] (NHS) (Entered: 04/17/2001)

RESPONSE by dft Sonic Drive-In to mtn to dismiss [5-1], mtn to join persons needed for just adjudication [5-2] (NHS) (Entered: 04/19/2001)

STIPULATION OF EXTENSION OF TIME for plf to respond to dft's mtn to dismiss [5-1], mtn to join [5-2] (NHS) (Entered: 04/19/2001)

ORDER by Judge Jennifer B. Coffman: pts having stipulated to ext of time; plf shall have up to & including 5/7/01 to file respose to dft's mtn to dismiss, join addt'l persons (cc: all counsel) [EOD Date: 4/24/01] (NHS) (Entered: 04/24/2001)

MOTION by dft Sonic Drive-In for atty Mark D. Spencer to appear PHV (NHS) (Entered: 04/25/2001)

NOTICE of pmt of PHV fee by atty Spencer for dft Sonic Drive-In (NHS) Modified on 04/25/2001 (Entered: 04/25/2001)

PRO HAC VICE FEE PAID $65.00, Receipt No. 089754 for Atty Mark D. Spencer (NHS) (Entered: 04/25/2001)

PRO HAC VICE FEE PAID $65.00, Receipt No. 089754 for Atty Mark D. Spencer (NHS)

REPLY by dft Barry Fergueson to response to mtn to dismiss [5-1], mtn to join persons needed for just adjudication [5-2] (NHS) (Entered: 05/03/2001)

------------------------------------------------------ V O L U M E 2 ------------------------------------------------------ (NHS) (Entered: 06/05/2001)

------------------------------------------------------ V O L U M E 2 ------------------------------------------------------ (NHS)

SUBMITTED re mtn to dismiss [5-1], mtn to join persons needed for just adjudication [5-2] is submitted (NHS) (Entered: 05/03/2001)

SUBMITTED re mtn to dismiss [5-1], mtn to join persons needed for just adjudication [5-2] is submitted (NHS)

RESPONSE by plf EEOC to mtn to dismiss [5-1], to mtn to join persons needed for just adjudication [5-2] (NHS) (Entered: 05/09/2001)

ORDER by Judge Jennifer B. Coffman: dft's mtn for atty Mark D. Spencer to appear PHV [12-1] for dft Sonic Drive-In GRANTED (cc: all counsel) [EOD Date: 5/11/01] (NHS) (Entered: 05/11/2001)

REPLY by dft Barry Fergueson to response to mtn to dismiss [5-1], mtn to join persons needed for just adjudication [5-2] (Entered: 05/17/2001)

SUBMITTED re mtn to dismiss [5-1], re mtn to join persons needed for just adjudication [5-2] is submitted (Entered: 05/17/2001)

SUBMITTED re mtn to dismiss [5-1], re mtn to join persons needed for just adjudication [5-2] is submitted

STATUS REPORT by dft Barry Fergueson (NHS) (Entered: 06/04/2001)

STATUS REPORT by plf EEOC (NHS) Modified on 06/04/2001 (Entered: 06/04/2001)

MOTION by dft Sonic Drive-In for specialized case management (NHS) (Entered: 06/04/2001)

MEMORANDUM by dft Sonic Drive-In in support of mtn for specialized case management [20-1] (NHS) (Entered: 06/04/2001)

STATUS REPORT by dft Sonic Drive-In (NHS) (Entered: 06/04/2001)

JOINDER by dft Barry Fergueson re: mtn for specialized case mgmt [20-1] (NHS) (Entered: 06/14/2001)

MEMORANDUM by dft Barry Fergueson in support of joinder of dft Barry Ferguson in mtn for specialized case mgmt [23-1] (NHS) (Entered: 06/14/2001)

STIPULATION OF EXTENSION OF TIME to allow EEOC up to and including 7/3/01 to file response to mtn for specialized case mgmt [20-1] (NHS) (Entered: 06/14/2001)

RESPONSE by plf EEOC to mtn for specialized case mgmt [20-1] w/attached afdt of Edward Bagley and unsigned afdts of Susan Ryan and Joyce Andries (NHS) Modified on 07/05/2001 (Entered: 07/05/2001)

NOTICE by plf EEOC of intent to substitute signature pages of Ryan and Andries's afdts (NHS) (Entered: 07/05/2001)

NOTICE OF SUBSTITUTION by plf EEOC of submitting signed afdts of Susan Ryan and Joyce andries as attachments to plf's 7/3/01 response to dfts' mtn for spec case mgmt (NHS) (Entered: 07/12/2001)

MOTION by dft Sonic Drive-In for 5-day ext to reply to mtn for specialized case mgmt (NHS) (Entered: 07/17/2001)

REPLY by dft Sonic Drive-In to response to mtn for specialized case mgmt [20-1] (NHS) (Entered: 07/26/2001)

SUBMITTED re mtn for 5-day ext to reply to mtn for specialized case mgmt [29-1] is submitted (NHS) (Entered: 07/26/2001)

SUBMITTED re mtn for specialized case mgmt [20-1] is submitted (NHS) (Entered: 07/26/2001)

SUBMITTED re mtn for 5-day ext to reply to mtn for specialized case mgmt [29-1] is submitted (NHS)

SUBMITTED re mtn for specialized case mgmt [20-1] is submitted (NHS)

ORDER by Judge Jennifer B. Coffman: dfts' mtn for specialized case mgmt [20-1] DENIED; dft SDI's mtn for 5-day ext to reply to mtn for specialized case mgmt [29-1] GRANTED (cc: all counsel) [EOD Date: 11/7/01] (NHS) (Entered: 11/07/2001)

------------------------------------------------------ V O L U M E 3 ------------------------------------------------------ (NHS) (Entered: 01/31/2002)

------------------------------------------------------ V O L U M E 3 ------------------------------------------------------ (NHS)

ORDER by Judge Jennifer B. Coffman: dft Ferguson's mtn to dismiss WHICH THE COURT CONSTRUES AS A MTN FOR S/J [5-1] DENIED; dft Ferguson's mtn to join persons needed for just adjudication [5-2 DENIED] (cc: all counsel) [EOD Date: 11/7/01] (NHS) (Entered: 11/07/2001)

ANSWER by dft Barry Fergueson to COMPLAINT [1-1] (NHS) (Entered: 11/16/2001)

ORDER by Judge Jennifer B. Coffman: no later than 12/15/01 pts comply w/4/17/01 order for mtg & rpt (cc: all counsel) [EOD Date: 11/19/01] (NHS) (Entered: 11/19/2001)

STATUS REPORT by plf EEOC, dft Barry Fergueson, dft Sonic Drive-In (NHS) (Entered: 12/18/2001)

ORDER by Judge Jennifer B. Coffman Case reassigned to Judge Danny C. Reeves (cc: all counsel) [EOD Date: 1/3/02] (SKV) (Entered: 01/03/2002)

RULE 26 DISCLOSURE by dft Barry Fergueson (NHS) (Entered: 01/17/2002)

SCHEDULING ORDER by Judge Danny C. Reeves: 1) exch Rule 26 info w/1 10 days of date of entry of order; 2) pts experts 6/1/02; 3) supplement disclosures w/i 30 days of discovery of new info; 4) discovery ddl 7/31/02 ; 5) ALL DISCOVERY DISPUTES REFERRED to Mag Judge J. B. Johnson Jr. ; 6) mtn filing ddl 4/1/02; 7) dispositive mtn ddl 9/6/02; 8) pretrial filings due 12/23/02; 9) 12/23/02 file agreed proposed jury instr; 10) 1/10/03 file obj to use of depos or admissibility of exhs; 11) 2/3/03 submit to Chambers copy of documentary exh; 12) PTC set 1/10/03 at 1:00 p.m. in LONDON; 13) JURY TRIAL set 2/10/03 at 9:30 a.m. in LONDON ; length of trial 3 days; REFERRED to Mag Judge Johnson to conduct tele conf mid-way thru discovery and conduct stlmt conf w/i 30 days after disclosure of expert wit rpt; separate order will issue from Mag Judge (cc: all counsel) [EOD Date: 1/22/02] (NHS) Modified on 01/22/2002 (Entered: 01/22/2002)

ORDER by Mag Judge J. B. Johnson Jr.: TELE CONF set 4/8/02 at 11:00 a.m. ; stlmt cnof will be scheduled during call (cc: all counsel) [EOD Date: 1/23/02] (NHS) (Entered: 01/23/2002)

ORDER by Mag Judge J. B. Johnson Jr. : upon mtn of dft; tele conf set 4/8/02 is CANCELLED & REASSIGNED TELE CONF set 4/23/02 at 10:00 a.m. (cc: all counsel) [EOD Date: 1/31/02] (NHS) (Entered: 01/31/2002)

MOTION by dft Sonic Drive-In for leave to amend ans to include crsclm (NHS) (Entered: 04/01/2002)

PROPOSED Amd Answer and Crsclm tendered by dft Sonic Drive-In (NHS) (Entered: 04/01/2002)

PROPOSED Amd Answer and Crsclm tendered by dft Sonic Drive-In (NHS)

ATTORNEY APPEARANCE for plf EEOC by Kenneth W. Brown (NHS) (Entered: 04/08/2002)

RESPONSE by dft Barry Fergueson to mtn for lv to amd ans to include crsclm [41-1] (NHS) (Entered: 04/17/2002)

ORDER by Mag Judge J. B. Johnson Jr. : Telephonic conf held 4/23/02; motion by deft for leave to file amended answer shall be submitted when rply time has run; discovery ddl 7/31/02; dispositive motion ddl 9/6/02; settlement conference set for 1:30 8/27/02 ; stmts due 8/20/02 (cc: all counsel) [EOD Date: 4/24/02] (EHM) (Entered: 04/24/2002)

UNOPPOSED MOTION by dft Sonic Drive-In tfor ext to 5/15/02 to reply to mtn for lv to amd ans to include crsclm (NHS) (Entered: 04/29/2002)

SUBMITTED re unopposed mtn tfor ext to 5/15/02 to reply to mtn for lv to amd ans to include crsclm [45-1] is submitted (NHS) Modified on 04/29/2002 (Entered: 04/29/2002)

SUBMITTED re unopposed mtn tfor ext to 5/15/02 to reply to mtn for lv to amd ans to include crsclm [45-1] is submitted (NHS) Modified on 04/29/2002

ORDER by Judge Danny C. Reeves granting motion tfor ext to 5/15/02 to reply to mtn for lv to amd ans to include crsclm [45-1] ;reply / brief due 5/15/02 (cc: all counsel) [EOD Date: 5/1/02] (SD) (Entered: 05/01/2002)

ORDER by Mag Judge J. B. Johnson Jr.: on court's own mtn; TELE CONF set 5/23/02 at 9:00 a.m. for purpose of rescheduling stlmt conf set 8/27/02 (cc: all counsel) [EOD Date: 5/7/02] (NHS) (Entered: 05/07/2002)

REPLY by dft Sonic Drive-In to response to mtn for lv to amd ans to include crsclm [41-1] (NHS) (Entered: 05/15/2002)

NOTICE by dft Sonic Drive-In of change of address for atty Spencer, Fulkerson (NHS) (Entered: 05/15/2002)

SUBMITTED re mtn for lv to amd ans to include crsclm [41-1] is submitted (NHS)

ORDER by Judge Danny C. Reeves: mtn for lv to amd ans to include crsclm [41-1] GRANTED; tendered amd answer & crsclm filed & entered into record (cc: all counsel) [EOD Date: (RKT) Modified on 05/29/2002 (Entered: 05/28/2002)

AMENDED ANSWER [7-1] by dft Sonic Drive-In (NHS) (Entered: 05/29/2002)

ORDER by Mag Judge J. B. Johnson Jr.: tele conf having been scheduled 5/23/02 and due to problem w/telephone system in Mag Judge's chambers call could not be placed; TELE CONF set 6/18/02 at 10:00 a.m. (cc: all counsel) [EOD Date: 6/6/02] (NHS) (Entered: 06/06/2002)

MOTION by dft Barry Fergueson to dismiss cross-claim (RBB) (Entered: 06/17/2002)

MEMORANDUM by dft Barry Fergueson in support of motion to dismiss cross-claim [53-1] (RBB) (Entered: 06/17/2002)

RENEWED MOTION by dft Barry Fergueson to dismiss complaint by EEOC (RBB) (Entered: 06/17/2002)

MEMORANDUM by dft Barry Fergueson in support of renewed motion to dismiss complaint by EEOC [55-1] (RBB) (Entered: 06/17/2002)

MOTION by dft Sonic Drive-In to compel discovery before Mag Judge J. B. Johnson Jr., or, in alternative, to extend dfts' discovery ddl before Mag Judge J. B. Johnson Jr. (NHS) (Entered: 06/18/2002)

MEMORANDUM by dft Sonic Drive-In in support of mtn to compel discovery before Mag Judge J. B. Johnson Jr. [57-1], of mtn to ext dfts' discovery ddl before Mag Judge J. B. Johnson Jr. [57-2] (NHS) (Entered: 06/18/2002)

ORDER by Mag Judge J. B. Johnson Jr.: TELE STAT CONF held 6/18/02; Kenneth Brown for plf; Bridget Dunaway & Mark Spencer for dft SDI; Winter Hiff for dft Fergueson; prev order setting stlmt conf for 8/27/02 VACATED and SET ASIDE; STLMT CONF set 8/27/02 at 1:30 p.m., CTRM C, LONDON ; ; if stlmt not reached, court will hear oral arg on dfts' mtn to compel disc; ex parte stlmt conf stmt due 7/1/02 (cc: all counsel) [EOD Date: 6/19/02] (NHS) (Entered: 06/19/2002)

NOTICE by dft Sonic Drive-In of taking depo of DAVID FISHER, TAMMY FISHER, DANNY MELTON, DEBI MELTON, DE ENA COATY on 7/9/02, ED BAGLEY, JOYCE ANDRIES, SUSAN RYAN on 7/10/02 (NHS) (Entered: 06/27/2002)

MEMORANDUM IN RESPONSE by dft Sonic Drive-In to mtn to dismiss cmp by EEOC [55-1], to mtn to dismiss crs-clm [53-1] (NHS) (Entered: 06/27/2002)

RETURN OF SERVICE by dft Sonic Drive-In of SUBPOENA IN CIVIL CASE served upon David Fisher for dep on 7/9/02 @ 8:00 a.m. (RBB) (Entered: 07/02/2002)

RETURN OF SERVICE by dft Sonic Drive-In of SUBPOENA IN CIVIL CASE served upon Tammy Fisher for depo on 7/9/02 @ 9:30 a.m. (RBB) (Entered: 07/02/2002)

RETURN OF SERVICE by dft Sonic Drive-In of SUBPOENA IN CIVIL CASE upon DE ENA COATY for depo on 7/9/02 @ 3:00 pm (RBB) (Entered: 07/02/2002)

RESPONSE by plf EEOC to RENEWED MTN TO DISMISS [55-1] (NHS) (Entered: 07/05/2002)

RETURN OF SERVICE by dft Sonic Drive-In of subpoena for Danny Melton to appear for depo on 7/9/02 (NHS) (Entered: 07/09/2002)

RETURN OF SERVICE by dft Sonic Drive-In of subpoena for Debi Melton to appear for depo on 7/9/02 (NHS) (Entered: 07/09/2002)

RESPONSE by plf EEOC to [57-1], to [57-2] (NHS) (Entered: 07/09/2002)

REPLY by dft Barry Fergueson to response to mtn to dismiss cmp by EEOC [55-1], mtn to dismiss crs-clm [53-1] (NHS) (Entered: 07/09/2002)

REPLY by dft Barry Fergueson to response to mtn to dismiss cmp by EEOC [55-1] (NHS) (Entered: 07/11/2002)

ORDER by Mag Judge J. B. Johnson Jr.: SDI's mtn to compel discovery before Mag Judge J. B. Johnson Jr. [57-1] GRANTED; mtn to ext dfts' discovery ddl before Mag Judge J. B. Johnson Jr. [57-2] GRANTED; discovery ddl 8/31/02; dispositive mtn ddl 9/30/02 (cc: all counsel) [EOD Date: 7/9/02] (NHS) (Entered: 07/09/2002)

SUBMITTED re renewed mtn to dismiss cmp by EEOC [55-1], re mtn to dismiss crs-clm [53-1] is submitted (NHS) (Entered: 07/09/2002)

SUBMITTED re renewed mtn to dismiss cmp by EEOC [55-1], re mtn to dismiss crs-clm [53-1] is submitted (NHS)

MOTION by dft Sonic Drive-In for 1-wk ext to 7/29/02 to serve obj, ans resp to interrogatories before Mag Judge J. B. Johnson Jr. (NHS) (Entered: 07/23/2002)

------------------------------------------------------ V O L U M E F O U R ------------------------------------------------------ (EHM) (Entered: 08/26/2002)

------------------------------------------------------ V O L U M E F O U R ------------------------------------------------------ (EHM)

MOTION by dft Barry Fergueson to enforce stlmt agreement (NHS) (Entered: 08/01/2002)

SUBMITTED re motion for 1-wk ext to 7/29/02 to serve obj, ans resp to interrogatories before Mag Judge J. B. Johnson Jr. [72-1] is submitted (NHS) (Entered: 08/01/2002)

SUBMITTED re motion for 1-wk ext to 7/29/02 to serve obj, ans resp to interrogatories before Mag Judge J. B. Johnson Jr. [72-1] is submitted (NHS)

ORDER by Judge Danny C. Reeves: 1) dft Ferguson's renewed mtn to dismiss [55-1] DENIED; 2) dft Ferguson's mtn to dismiss crs-clm [53-1] GRANTED as to count I, DENIED as to count II; 3) Count I of SDI's crs-clm for contribution & indemnity DISMISSED (cc: all counsel) [EOD Date: 8/5/02] (NHS) (Entered: 08/05/2002)

ORDER by Mag Judge J. B. Johnson Jr.: dft SDI's mtn for 1-wk ext to 7/29/02 to serve obj, ans resp to int before Mag Judge J. B. Johnson Jr. [72-1] GRANTED (cc: all counsel) [EOD Date: 8/6/02] (NHS) (Entered: 08/06/2002)