Case: EEOC v. FRED FULLER OIL, CO.

EEOC v. Fuller Oil Company

EEOC v. Fred Fuller Oil Company

EEOC v. Fred Fuller Oil Company

EEOC v. Fuller Oil Company, et al

No Court

EEOC v. Fred Fuller Oil Co.

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT; jury demand Filing fee waived for EEOC . (bc) (Entered: 10/02/2003)

SUMMONS and WAIVER OF SERVICE issued for Fuller Oil Company, Fuller's Convenience . (bc) (Entered: 10/02/2003)

MOTION by Mary Adams, Amy Schlemmer to Intervene by Mary Adams, Amy Schlemmer with memorandum served on: 10/16/03. EEOC assents. Objection to Motion Deadline 11/4/03 (mm) (Entered: 10/20/2003)

ADDED PARTY Mary Adams, Amy Schlemmer (mm) (Entered: 10/20/2003)

NOTICE of attorney appearance for Fuller Oil Company, Fuller's Convenience by Simon C. Leeming and Nicole Spaur (mm) (Entered: 10/21/2003)

WAIVER OF SERVICE Executed as to Fuller Oil Company, Fuller's Convenience ; waiver mailed 10/8/03 ; Answer due on 12/10/03 for Fuller's Convenience, for Fuller Oil Company (mm) (Entered: 10/31/2003)

MOTION by Fuller Oil Company, Fuller's Convenience to Dismiss pursuant to 12(b)(1) , or in the alternative to Stay with memorandum served on: 10/30/03. Objection to Motion Deadline 11/19/03 (mm) (Entered: 10/31/2003)

OBJECTION by Fuller Oil Company, Fuller's Convenience to [2-1] motion to Intervene by Mary Adams, Amy Schlemmer . (mm) (Entered: 10/31/2003)

Assented to MOTION by Fuller Oil Company, Fuller's Convenience for Katherine E. Perrelli to Appear Pro Hac Vice with affidavit and fee. (mm) (Entered: 10/31/2003)

Endorsed ORDER granting [7] Motion to Appear Pro Hac Vice. Attorney Katherine E. Perrelli for Fred Fuller Oil Company, Inc. and Fuller's Convenience Store, Inc. added. Signed by Clerk James R. Starr. (mm, ) (Entered: 11/05/2003)

Intervenor COMPLAINT filed by Mary Adams, Amy Schlemmer against Fred Fuller Oil Co., Fuller Convenience Store and Frederick Fuller, Jr.(mm, ) (Entered: 11/06/2003)

Endorsed ORDER granting [2] Motion to Intervene. Signed by Judge Paul Barbadoro. (mm, ) (Entered: 11/06/2003)

Disclosure Statement by Fuller's Convenience Store, Inc. disclosing no parent companies, and no merger agreement. (mm, ) (Entered: 11/10/2003)

Disclosure Statement by Fred Fuller Oil Company, Inc. disclosing no parent companies, and no merger agreement. (mm, ) (Entered: 11/10/2003)

OBJECTION to [5] Motion to Dismiss Motion to Stay with affidavit and attachments, served on 11/14/03, filed by US Equal Employment Opportunity Commission. Follow up on 12/4/2003 (mm, ) (Entered: 11/19/2003)

OBJECTION to [5] Motion to DismissMotion to Stay with memorandum, served on 11/17/03, filed by Mary Adams, Amy Schlemmer. Follow up on 12/5/2003 (mm, ) (Entered: 11/19/2003)

MOTION for Kristin Glennan McGurn to Appear Pro Hac Vice (fee paid) filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. , with affidavit and assent. (mm, ) (Entered: 11/22/2003)

NOTICE of Attorney Appearance by Simon C. Leeming on behalf of Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. (mm, ) (Entered: 11/22/2003)

Notice of Intent to Reply to Objection to [5] Motion to DismissMotion to Stay. Reply due by 12/5/2003.(mm, ) (Entered: 11/22/2003)

Endorsed ORDER granting [13] Motion to Appear Pro Hac Vice. Attorney Kristin Glennan McGurn for Fuller's Convenience Store, Inc.; Fred Fuller Oil Company, Inc. and Frederick J. Fuller added. Signed by Clerk James R. Starr. (mm, ) (Entered: 11/25/2003)

WAIVER OF SERVICE Returned Executed as to Mary Adams ; Amy Schlemmer. Served/mailed on 11/10/2003. Answer due by 1/9/2004.(mm, ) (Entered: 11/26/2003)

NOTICE of Attorney Appearance by Katherine E. Perrelli on behalf of Frederick J. Fuller (mm, ) (Entered: 12/04/2003)

REPLY to Objection to Motion re [5] Motion to Dismiss or in the alternative Motion to Stay filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc.. (mm, ) (Entered: 12/08/2003)

MOTION to Strike EEOCs and plaintiffs' detailed discussion of their conciliation proposal contained in [11] Objection to Motion, [12] Objection to Motion filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. . Follow up on 12/26/2003 (mm, ) (Entered: 12/08/2003)

Partial OBJECTION to [17] MOTION to Strike and impound records filed by Mary Adams, Amy Schlemmer. (mm, ) (Entered: 12/15/2003)

RESPONSE re [16] Reply to Objection to Motion to Dimiss or in the alternative to stay. filed by Mary Adams, Amy Schlemmer. (mm, ) (Entered: 12/18/2003)

OBJECTION to [17] MOTION to Strike [11] Objection to Motion, [12] Objection to Motion filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 12/21/2003)

MOTION for Leave to File reply filed by Mary Adams, Amy Schlemmer , with assent. (mm, ) (Entered: 12/24/2003)

MOTION to Extend Time to Answer Intervenor plaintiff's complaint to 1/16/04 filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. , with assent. (mm, ) (Entered: 01/12/2004)

ENDORSED ORDERgranting [22] Motion to Extend Time to Answer re [8] Intervenor Complaint.. Text of Order: Motion Granted . Signed by Judge Paul Barbadoro. Answer due by 1/16/2004.(mm, ) (Entered: 01/16/2004)

ANSWER to Intervenor Complaint filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. with jury demand.(mm, ) (Entered: 01/20/2004)

ORDER denying [5] Motion to Dismiss, denying [5] Motion to Stay, denying [17] Motion to Strike, denying [21] Motion for Leave to File. Signed by Judge Paul Barbadoro.(mm, ) (Entered: 04/14/2004)

NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 5/14/2004 09:00 AM before Magistrate Judge James R. Muirhead. Follow up on Discovery Plan 5/7/2004.(jab, ) (Entered: 04/15/2004)

Proposed Discovery Plan.(mm, ) (Entered: 05/05/2004)

ORDER re: mediation Signed by Judge James R. Muirhead. (mm, ) (Entered: 05/06/2004)

Endorsed Order approving [25] Proposed Discovery Plan. Length of Trial 7-10 days. Case Track: Standard. Summary Judgment Motions due by 3/1/2005. Dispositive Motion Filing Deadline 3/1/2005. Mediation Follow Up on 5/17/2004. Text of Order: Approved and adopted as a pretrial scheduling order. Signed by Judge James R. Muirhead. (mm, ) (Entered: 05/06/2004)

TRIAL NOTICE: LR 16.2(d) Objections due 5/20/05.. Jury Trial set for 6/7/2005 09:30 AM before Chief Judge Paul Barbadoro. Final Pretrial Conference set for 5/24/2005 04:00 PM before Chief Judge Paul Barbadoro. Pretrial Statements due 5/6/2005.(mm, ) (Entered: 05/06/2004)

ORDER appointing Emily Gray Rice, Esq. to mediate this case. Signed by Judge James R. Muirhead. (mm, ) (Entered: 05/20/2004)

ANSWER to Complaint with Jury filed by Frederick J. Fuller, Fuller's Convenience Store, Inc..(mm, ) (Entered: 06/02/2004)

Assented to MOTION for Michael G. Messerschmidt to Appear Pro Hac Vice filed by Frederick J. Fuller, Fuller's Convenience Store, Inc. , with affidavit. (mm, ) (Entered: 06/17/2004)

Endorsed ORDER granting [29] Motion to Appear Pro Hac Vice. Attorney Michael G. Messerschmidt for Frederick J. Fuller and Fuller's Convenience Store, Inc. added. Signed by Clerk James R. Starr. (mm, ) (Entered: 06/18/2004)

NOTICE of withdrawal of attorney by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc..(mm, ) (Entered: 07/01/2004)

MEDIATION REPORT : The parties were unable to resolve their differences.. Signed by Judge James R. Muirhead. (mm, ) (Entered: 09/23/2004)

MOTION to Compel production of medical records as to Mary Adams filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. , with attachments.Served on 9/29/04. Follow up on Objection on 10/20/2004 (mm, ) (Entered: 10/04/2004)

Notice to Substitute Attorney. Added attorney Peter G. Callaghan for Fuller's Convenience Store, Inc.; Fred Fuller Oil Company, Inc. and Frederick J. Fuller. Attorney Simon C. Leeming terminated.(mm, ) (Entered: 10/05/2004)

OBJECTION to [32] MOTION to Compel production of medical records as to Mary Adams, served on 10/19/04, filed by Mary Adams. (mm, ) (Entered: 10/20/2004)

ENDORSED ORDER granting [32] Motion to Compel production of medical records as to Mary Adams. Text of Order: Motion granted. Signed by Judge Paul Barbadoro.(ja, ) (Entered: 10/21/2004)

Assented to MOTION to Amend [1] Complaint to add 2 additional women filed by US Equal Employment Opportunity Commission . (mm, ) (Entered: 10/22/2004)

AMENDED COMPLAINT against Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. filed by US Equal Employment Opportunity Commission.(mm, ) (Entered: 10/28/2004)

ENDORSED ORDER granting [35] Motion to Amend [1] Complaint. Text of Order: Motion granted. Signed by Judge Paul Barbadoro.(ja, ) (Entered: 10/26/2004)

First MOTION to Compel Amy Schlemmer to Produce Cell Phone Records and Medical Records filed by Fred Fuller Oil Company, Inc.. Follow up on Objection on 11/17/2004 (Callaghan, Peter) (Entered: 10/28/2004)

First MOTION to Compel Amy Schlemmer's Cell Phone Records and Medical Records filed by Fred Fuller Oil Company, Inc.. Follow up on Objection on 11/17/2004 (Attachments:, # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Callaghan, Peter) (Entered: 10/28/2004)

ORDER. Attorney Callaghan filed 37 Motion to Compel, 38 Motion to Compel, electronically in a conventional case. Notice of Compliance Deadline set for 11/8/2004. (mm, ) (Entered: 10/28/2004)

MOTION to Withdraw 37 First MOTION to Compel Amy Schlemmer to Produce Cell Phone Records and Medical Records filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc. .Served on 10/29/04. Follow up on Objection on 11/22/2004 (mm, ) (Entered: 11/01/2004)

OBJECTION to 38 First MOTION to Compel Amy Schlemmer's Cell Phone Records and Medical Records, served on 11/1/04, filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 11/04/2004)

ANSWER to Amended Complaint filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc..(mm, ) (Entered: 11/05/2004)

ENDORSED ORDER withdrawing 37 Motion to Compel. Text of Order: Withdrawn. Signed by Judge James R. Muirhead.(djb, ) (Entered: 11/05/2004)

ENDORSED ORDER granting in part and denying in part 38 Motion to Compel. Text of Order: Denied as to cell phone records. Defendants' assertions are without any merit and grossly overbroad. Plaintiff is ordered to provide the medical records referenced or an authorization to get them if they do not have them. Signed by Judge James R. Muirhead.(djb, ) (Entered: 11/05/2004)

ENDORSED ORDER granting [40] Motion to Withdraw 37 Motion to Compel. Text of Order: Granted. Signed by Judge James R. Muirhead.(djb, ) (Entered: 11/05/2004)

Addendum/concurrence statement to [40] MOTION to Withdraw 37 First MOTION to Compel Amy Schlemmer to Produce Cell Phone Records and Medical Records by Fred Fuller Oil Company, Inc., Frederick J. Fuller, Fuller's Convenience Store, Inc..(mm, ) (Entered: 11/08/2004)

Assented to MOTION to Extend Time to 2/18/05 for discovery filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 12/22/2004)

ENDORSED ORDER granting [44] Motion to Extend Time discovery deadlines. Text of Order: Motion granted Signed by Judge Paul Barbadoro.(mm, ) (Entered: 12/23/2004)

MOTION to Intervene as plaintiff filed by Judi Donahue, Donna MacKinnon-Taylor, with attachments.Served on 1/12/05. Follow up on Objection on 2/2/2005 (mm, ) (Entered: 01/14/2005)

OBJECTION to [45] MOTION to Intervene as plaintiff, served on 1/27/05, filed by Fred Fuller Oil Company, Inc., Frederick J. Fuller. (mm, ) (Entered: 01/28/2005)

ORDER [45] Motion to Intervene. Follow up on Reply on 2/16/2005. Text of Order: Proposed intervenors shall file a reply addressing the issues raised by the objection Signed by Judge Paul Barbadoro. (mm, ) (Entered: 01/31/2005)

REPLY with attachments to Objection to Motion re [45] MOTION to Intervene as plaintiff filed by US Equal Employment Opportunity Commission. (mm, ) (Entered: 02/15/2005)

REPLY to Objection to Motion re [45] MOTION to Intervene as plaintiff filed by Judi Donahue, Donna MacKinnon-Taylor. (mm, ) (Entered: 02/15/2005)

ORDER granting [45] Motion to Intervene. Signed by Judge Paul Barbadoro.(ja, ) (Entered: 02/16/2005)

Intervenor COMPLAINT filed by Judi Donahue, Donna MacKinnon-Taylor.(mm, ) (Entered: 02/17/2005)

Assented to MOTION to Exceed page limit in memo filed by Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (mm, ) (Entered: 03/01/2005)

MOTION for Summary Judgment pursuant to Fed R Civ P 56 filed by Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller, with memorandum, affidavit, and attachments.Served on 3/1/05. Follow up on Objection on 4/4/2005 (mm, ) (Entered: 03/02/2005)

MOTION for Partial Summary Judgment against EEOC filed by Fuller's Convenience Store, Inc., Frederick J. Fuller, with memorandum and attachments.Served on 3/1/05. Follow up on Objection on 4/4/2005 (mm, ) (Entered: 03/02/2005)

ENDORSED ORDER granting [51] Motion to Exceed Page Limit. Text of Order: Granted. Signed by Judge James R. Muirhead.(djb, ) (Entered: 03/01/2005)

ANSWER to [50] Intervenor Complaint by Fred Fuller Oil Company, Inc., Frederick J. Fuller. (mm, ) (Entered: 03/02/2005)

OBJECTION/memorandum to [54] MOTION for Summary Judgment, served on 3/30/05, filed by US Equal Employment Opportunity Commission with attachments. Follow up on Objection on 4/18/2005 (mm, ) (Entered: 04/01/2005)

OBJECTION/memorandum to [52] MOTION for Summary Judgment, served on 3/30/05, filed by US Equal Employment Opportunity Commission with attachments. Follow up on Objection on 4/18/2005 (mm, ) (Entered: 04/01/2005)

OBJECTION to [54] MOTION for Summary Judgment for partial summary judgment with memorandum and affidavit, served on 4/4/05, filed by Mary Adams, Amy Schlemmer, Judi Donahue, Donna MacKinnon-Taylor. Follow up on Objection on 4/21/2005 (mm, ) (Entered: 04/07/2005)

Oral Notice of Intent to Reply to Objection to [52] MOTION for Summary Judgment, [54] MOTION for Summary Judgment.(mm, ) (Entered: 04/13/2005)

REPLY to Objection to Motion re [52] MOTION for Summary Judgment filed by Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (mm, ) (Entered: 04/15/2005)

REPLY to Objection to Motion re [54] MOTION for Summary Judgment filed by Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (mm, ) (Entered: 04/15/2005)

MOTION to Strike [58] Reply to Objection to Motion, [59] Reply to Objection to Motion filed by Mary Adams, Amy Schlemmer, Judi Donahue, Donna MacKinnon-Taylor.Served on 4/19/05. Follow up on Objection on 5/10/2005 (mm, ) (Entered: 04/21/2005)

OBJECTION to [60] MOTION to Strike [58] Reply to Objection to Motion, [59] Reply to Objection to Motion, served on 4/25/05, filed by Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (mm, ) (Entered: 04/25/2005)

ENDORSED ORDER denying [60] Motion to Strike [58] Reply to Objection to Motion. Text of Order: Motion denied. Signed by Judge Paul Barbadoro.(ja, ) (Entered: 05/02/2005)

ENDORSED ORDER denying without prejudice [52] Motion for Summary Judgment, denying without prejudice [54] Motion for Summary Judgment. Text of Order: All summary judgment motions are denied without prejudice to the moving party's right to renew as a motion for judgment as a matter of law at the conclusion of the plaintiffs' case. Signed by Judge Paul Barbadoro.(ja, ) (Entered: 05/02/2005)

Pretrial Material filed by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (prk, ) (Entered: 05/09/2005)

Proposed Jury Instructions by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (prk, ) (Entered: 05/09/2005)

First MOTION in Limine for an Order Excluding Evidence Re: Bad Acts, Crimes filed by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller, with attachments.Served on 5/6/2005. Follow up on Objection on 5/20/2005 (prk, ) (Entered: 05/09/2005)

Second MOTION in Limine for an Order Excluding Evidence Re: Conversations filed by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller, with attachments.Served on 5/6/2005. Follow up on Objection on 5/20/2005 (prk, ) (Entered: 05/09/2005)

Third MOTION in Limine for an Order Excluding Evidence Re: Allegations of Sexual Harassment filed by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller, with attachments.Served on 5/6/2005. Follow up on Objection on 5/20/2005 (prk, ) (Entered: 05/09/2005)

Fourth MOTION in Limine for an Order Excluding Evidence Re: Pelletier Claims of Sexual Harassment filed by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller.Served on 5/6/2005. Follow up on Objection on 5/20/2005 (prk, ) (Entered: 05/09/2005)

NOTICE of Proof of Special Damages by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller.(prk, ) (Entered: 05/09/2005)

Proposed Voir Dire by defendants Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Frederick J. Fuller. (prk, ) (Entered: 05/09/2005)

Proposed Jury Instructions by plaintiffs/intervenors Mary Adams, Amy Schlemmer, Judi Donahue, Donna MacKinnon-Taylor. (prk, ) (Entered: 05/09/2005)

Pretrial Material filed by plaintiff US Equal Employment Opportunity Commission. (prk, ) (Entered: 05/09/2005)

Proposed Jury Instructions by plaintiff US Equal Employment Opportunity Commission. (prk, ) (Entered: 05/09/2005)

Proposed Voir Dire by plaintiff US Equal Employment Opportunity Commission. (prk, ) (Entered: 05/09/2005)

Pretrial Material filed by Mary Adams, Amy Schlemmer, Judi Donahue, Donna MacKinnon-Taylor. (mm, ) (Entered: 05/23/2005)

Assented to MOTION for Stipulated Protective Order filed by US Equal Employment Opportunity Commission. (prk, ) (Entered: 05/17/2005)

STIPULATED Protective Order re [74] Assented to MOTION Approval for Protective Order by US Equal Employment Opportunity Commission, Fred Fuller Oil Company, Inc., Fuller's Convenience Store, Inc., Mary Adams, Amy Schlemmer, Frederick J. Fuller, Judi Donahue, Donna MacKinnon-Taylor.(prk, ) (Entered: 05/17/2005)

ENDORSED ORDER granting [74] Motion for Protective Order. Text of Order: Motion granted. So Ordered by Judge Paul Barbadoro.(ja, ) (Entered: 05/23/2005)