Case: EEOC v. BODY FIRM AEROBICS d/b/a GOLD'S GYM

2:03-cv-00846 | U.S. District Court for the District of Utah

Filed Date: Sept. 29, 2003

Closed Date: 2008

Clearinghouse coding complete

Case Summary

The Phoenix District Office of the EEOC brought this action in the U.S. District Court for the District of Utah, against Body Firm Aerobics d/b/a Gold's Gym. The complaint, filed in September 2003, alleged sex and pregnancy discrimination, and retaliation, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that Defendant had sexually harassed the charging parties and then retaliated against one of them for complaining about the harassment, by construc…

The Phoenix District Office of the EEOC brought this action in the U.S. District Court for the District of Utah, against Body Firm Aerobics d/b/a Gold's Gym. The complaint, filed in September 2003, alleged sex and pregnancy discrimination, and retaliation, in violation of Title VII of the Civil Rights Act of 1964. Specifically, the complaint alleged that Defendant had sexually harassed the charging parties and then retaliated against one of them for complaining about the harassment, by constructively discharging her. It also alleged that one complainant was subject to demotion and constructive discharge due to her pregnancy. One complainant intervened in November 2003.

After a contentious discovery process and several partial summary judgment motions, of which the plaintiff's were denied and the defendant's was granted in part, the parties entered into a settlement agreement in May 2007. The settlement agreement was valid for one year and provided for the Defendant to pay the charging parties $25,000 each. Defendant was enjoined from discriminating or retaliating in violation of Title VII and required to post a notice of non-discrimination at its facility, revise its discrimination policy, and provide EEO training for its employees. The terms of the agreement were to run for 1 year. The docket sheet does not show any further enforcement took place; the case was presumably closed in 2008.

Summary Authors

Shankar Viswanathan (7/6/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4676601/parties/eeoc-v-body-firm-aerobics/


Attorneys(s) for Plaintiff

Christensen, Carlie (Utah)

Attorneys(s) for Plaintiff

Christensen, Carlie (Utah)

Documents in the Clearinghouse

Document

2:03-cv-00846

Docket

EEOC v. Body Firm Aerobics

May 21, 2007

May 21, 2007

Docket
1

2:03-cv-00846

Complaint

EEOC v. Body Firm Aerobics d/b/a Gold's Gym

Sept. 29, 2003

Sept. 29, 2003

Complaint
198

2:03-cv-00846

Order RE: Expert Deposition and Expert Reports

EEOC v. Body Firm Aerobics d/b/a Gold's Gym

April 27, 2006

April 27, 2006

Order/Opinion
262

2:03-cv-00846

Memorandum Decision and Order

EEOC v. Body Firm Aerobics d/b/a Gold's Gym

July 14, 2006

July 14, 2006

Order/Opinion
304

2:03-cv-00846

Protective Order

EEOC v. Body Firm Aerobics d/b/a Gold's Gym

Oct. 11, 2006

Oct. 11, 2006

Order/Opinion
416

2:03-cv-00846

Settlement Agreement

EEOC v. Body Firm Aerobics d/b/a Gold's Gym

May 17, 2007

May 17, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4676601/eeoc-v-body-firm-aerobics/

Last updated Aug. 1, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed, assigned to Judge J. Thomas Greene (kvs) (Entered: 09/30/2003)

Sept. 29, 2003

Sept. 29, 2003

228

MEMORANDUM DECISION & ORDER affirming Magistrate Orders 187 and 196 ; dismissing Objections 201 and 208 . Signed by Judge Tena Campbell on 6/1/06 (alt)

June 1, 2006

June 1, 2006

RECAP

Memo of recusal signed by Judge Greene, 9/30/03 (ce) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

Case reassigned to Judge Tena Campbell (ce) (Entered: 10/02/2003)

Oct. 1, 2003

Oct. 1, 2003

2

NTC of recusal of Judge J. Thomas Greene and reassignment to Judge Tena Campbell. cc: atty (alt) (Entered: 10/06/2003)

Oct. 3, 2003

Oct. 3, 2003

3

Return of summons executed as to Body Firm Aerobics c/o Ryan Heber on 10/7/03 Answer due on 10/27/03 for Body Firm Aerobics (kvs) (Entered: 10/30/2003)

Oct. 27, 2003

Oct. 27, 2003

4

Answer to Complaint by Body Firm Aerobics (kvs) (Entered: 11/05/2003)

Nov. 3, 2003

Nov. 3, 2003

Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed, faxed or emailed to plaintiff EEOC, defendant Body Firm Aerobics (kvs) (Entered: 11/05/2003)

Nov. 3, 2003

Nov. 3, 2003

5

Motion by Andrea Liender to intervene by Andrea Liender (kvs) (Entered: 12/01/2003)

Nov. 26, 2003

Nov. 26, 2003

6

Memorandum by Andrea Liender in support of [5-1] motion to intervene by Andrea Liender (kvs) (Entered: 12/01/2003)

Nov. 26, 2003

Nov. 26, 2003

7

Motion and Order signed by Judge Tena Campbell, 12/11/03. Granting motion/PHV for Attorney Sally Shanley, Mary Jo O'Neill, C. Emanuel Smith on behalf of plaintiff EEOC cc:attys (alt) (Entered: 12/15/2003)

Dec. 11, 2003

Dec. 11, 2003

9

Order granting [5-1] motion to intervene by Andrea Liender signed by Judge Tena Campbell, 4/22/04 cc:atty (alt) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

10

AMENDED Notice of Hearing filed: status conference reset for 2:30 6/14/04 To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 05/18/2004)

May 18, 2004

May 18, 2004

11

REPORT of Attorney Planning Meeting (alt) (Entered: 05/18/2004)

May 18, 2004

May 18, 2004

12

Scheduling order Setting Joining of parties, amending of pleadings on 5:00 7/23/04; Deadline for filing of all motions 5:00 1/14/05; Discovery cutoff 5:00 11/19/04-fact, 12/23/04-expert; Special Attorney Conference by 5/5/05; Final Pretrial Conference for 3:00 5/19/05; 3-day Jury Trial for 8:30 6/13/05 Signed by Judge David Nuffer 5/25/04 cc:atty. (alt) (Entered: 05/26/2004)

May 26, 2004

May 26, 2004

13

Certificate of service re: initial Rule 26(a)(1) dcls by EEOC (alt) (Entered: 06/02/2004)

June 1, 2004

June 1, 2004

14

Certificate of service re: Rule 26(a)(1) intitial dcls by Andrea Liender (alt) (Entered: 06/02/2004)

June 1, 2004

June 1, 2004

15

Minute entry: Mr. Harrison will file a stipulated motion to amend scheduling order. Parties may mediate and will inform the court if mediation is chosen. The court directs counsel to meet this week and decide what discovery needs to be produced. Damages are to be identified by 7/15/04. ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) (Entered: 06/15/2004)

June 14, 2004

June 14, 2004

16

Certificate of service re: dft's initial dcls by Body Firm Aerobics (alt) (Entered: 06/17/2004)

June 16, 2004

June 16, 2004

17

Certificate of service by EEOC re: First Supplemental Disclosure Statement (jmr) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

18

Joint Stipulation by EEOC, Body Firm Aerobics, Andrea Liender Joint Stip to extend time upto 4/29/04 for discovery deadlines (jmr) (Entered: 11/22/2004)

Nov. 19, 2004

Nov. 19, 2004

21

Order granting [18-1] stipulated motion to extend time upto 4/29/04 for discovery deadlines, discovery due set for 4/29/05 signed by Judge Tena Campbell, 11/24/04 cc:atty (alt) (Entered: 11/23/2004)

Nov. 22, 2004

Nov. 22, 2004

19

AMENDED Notice of Hearing filed: Final Pretrial Conference reset for 3:00 11/14/05 To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

20

AMENDED Notice of Hearing filed: 3-Day Jury trial reset for 8:30 12/5/05 To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) (Entered: 11/23/2004)

Nov. 23, 2004

Nov. 23, 2004

22

Order, extending deadline , discovery due reset for 8/31/05 signed by Judge Tena Campbell, 4/28/05 cc:atty (alt) (Entered: 04/29/2005)

April 29, 2005

April 29, 2005

24

MOTION/ORDER granting motion for Admission Pro Hac Vice of Lucila G. Rosas for Equal Employment Opportunity Commission. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov . Signed by Judge Tena Campbell on 6/9/05 (alt) (Entered: 06/10/2005)

June 9, 2005

June 9, 2005

25

CERTIFICATE OF SERVICE re: 1st set of requests for prod/docs by Andrea Liender (alt) (Entered: 06/28/2005)

June 24, 2005

June 24, 2005

26

CERTIFICATE OF SERVICE re: 1st set of interrogs by Andrea Liender (alt) (Entered: 06/28/2005)

June 24, 2005

June 24, 2005

27

NOTICE of Appearance by Kathryn Ogden Balmforth, Mary Anne Q. Wood on behalf of Body Firm Aerobics (alt) (Entered: 07/18/2005)

July 13, 2005

July 13, 2005

28

CERTIFICATE OF SERVICE re: Discovery Requests by Equal Employment Opportunity Commission (alt) (Entered: 07/27/2005)

July 18, 2005

July 18, 2005

29

CERTIFICATE OF SERVICE re: 2nd set of requests for prod/docs by Body Firm Aerobics (alt) (Entered: 07/27/2005)

July 21, 2005

July 21, 2005

30

CERTIFICATE OF SERVICE re: 1st set of interrogs & reqs for prod/docs by Body Firm Aerobics (alt) (Entered: 07/27/2005)

July 21, 2005

July 21, 2005

31

CERTIFICATE OF SERVICE re: answer/responses to Lienders 1st set of Interrogs & 1st set of requests for prod/doc by Body Firm Aerobics (alt) (Entered: 08/08/2005)

July 26, 2005

July 26, 2005

32

CERTIFICATE OF SERVICE re: 3rd Supplemental Disclosure Statement by Equal Employment Opportunity Commission (alt) (Entered: 08/10/2005)

Aug. 8, 2005

Aug. 8, 2005

33

MOTION for Akiko Kawamura to Withdraw as Attorney filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 08/11/2005)

Aug. 10, 2005

Aug. 10, 2005

34

ORDER granting 33 Motion to Withdraw as Attorney. Signed by Judge Tena Campbell on 8/15/05 (alt) (Entered: 08/17/2005)

Aug. 15, 2005

Aug. 15, 2005

36

CERTIFICATE OF SERVICE by Body Firm Aerobics (alt) (Entered: 08/23/2005)

Aug. 17, 2005

Aug. 17, 2005

40

CERTIFICATE OF SERVICE re: discovery responses by Equal Employment Opportunity Commission (alt) (Entered: 08/29/2005)

Aug. 22, 2005

Aug. 22, 2005

35

MOTION for Protective Order re 30(b)(6) Deposition filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1)(Shanley, Sally) (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

37

Joint MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission and intervenor plaintiff Andrea Liender. (Attachments: # 1 # 2)(Shanley, Sally) Modified on 8/24/2005 by adding intervenor plaintiff Liender to this entry (ce, ). (Entered: 08/23/2005)

Aug. 23, 2005

Aug. 23, 2005

38

Modification of Docket: Error: Intervenor Plaintiff was not added to the original entry for motion for extension of time to complete discovery, doc no. 37. Correction: Added intervenor plaintiff Liender re 37 Joint MOTION for Extension of Time to Complete Discovery (ce, ) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

39

Modification of Docket: Error: The attachments for documents no. 35 and 37 were not described. Correction: Attachments were described for clarity re 37 Joint MOTION for Extension of Time to Complete Discovery (one attachment), 35 MOTION for Protective Order re 30(b)(6) Deposition (two attachments). (ce, ) (Entered: 08/24/2005)

Aug. 24, 2005

Aug. 24, 2005

44

MOTION for Protective Order re: Deposition, filed by Defendant Body Firm Aerobics (alt) (Entered: 08/31/2005)

Aug. 29, 2005

Aug. 29, 2005

45

MEMORANDUM in Support of 44 MOTION for Protective Order, filed by Defendant Body Firm Aerobics (alt) (Entered: 08/31/2005)

Aug. 29, 2005

Aug. 29, 2005

46

STATEMENT OF COUNSEL in support of 44 MOTION for Protective Order filed by Body Firm Aerobics (alt) (Entered: 08/31/2005)

Aug. 29, 2005

Aug. 29, 2005

42

MOTION to Amend 4 Answer to Complaint filed by Defendant Body Firm Aerobics (alt) (Entered: 08/31/2005)

Aug. 30, 2005

Aug. 30, 2005

43

MEMORANDUM in Support of 42 MOTION to Amend 4 Answer to Complaint, filed by Defendant Body Firm Aerobics (alt) (Entered: 08/31/2005)

Aug. 30, 2005

Aug. 30, 2005

47

CERTIFICATE OF SERVICE re: 1st Supplementation to Rule 26(a)(1) Initial Disclosures by Andrea Liender (alt) (Entered: 09/08/2005)

Sept. 1, 2005

Sept. 1, 2005

49

ORDER REFERRING CASE to Magistrate Judge Samuel Alba under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Signed by Judge Tena Campbell on 9/6/05 (alt) (Entered: 09/09/2005)

Sept. 6, 2005

Sept. 6, 2005

48

EXPERT REPORT of David Cherrington Witness filed by Defendant Body Firm Aerobics. (Attachments: # 1 Exhibit A - Expert Report of David Cherrington)(Wood, Mary Anne) (Entered: 09/09/2005)

Sept. 9, 2005

Sept. 9, 2005

50

MEMORANDUM in Opposition to 35 MOTION for Protective Order re: 30(b)(6) Deposition , filed by Defendant Body Firm Aerobics (alt) (Entered: 09/15/2005)

Sept. 12, 2005

Sept. 12, 2005

51

MEMORANDUM in Opposition to 37 Joint MOTION for Extension of Time to Complete Discovery, filed by Defendant Body Firm Aerobics (alt) (Entered: 09/15/2005)

Sept. 12, 2005

Sept. 12, 2005

53

EXHIBIT A filed by Body Firm Aerobics re: 51 Memorandum in Opposition to Motion (alt) (Entered: 09/19/2005)

Sept. 15, 2005

Sept. 15, 2005

52

NOTICE OF HEARING ON MOTION re: 35 MOTION for Protective Order re 30(b)(6) Deposition , 44 MOTION for Protective Order, 37 Joint MOTION for Extension of Time to Complete Discovery, 42 MOTION to Amend/Correct 4 Answer to Complaint: Motion Hearing set for 10/5/2005 10:00 A.M. in Room 248 before Magistrate Judge Samuel Alba. (cas) (Entered: 09/16/2005)

Sept. 16, 2005

Sept. 16, 2005

55

CROSS-MOTION to Compel 30(b)(6) Deposition filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 09/22/2005)

Sept. 19, 2005

Sept. 19, 2005

56

MEMORANDUM in Opposition to 44 MOTION for Protective Order, filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 09/22/2005)

Sept. 19, 2005

Sept. 19, 2005

57

MEMORANDUM in Support of 55 CROSS-MOTION to Compel 30(b)(6) Deposition filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 09/22/2005)

Sept. 19, 2005

Sept. 19, 2005

58

DECLARATION of Lincoln W. Hobbs filed by Andrea Liender (alt) (Entered: 09/22/2005)

Sept. 19, 2005

Sept. 19, 2005

59

REPLY to Response to Motion re 37 Joint MOTION for Extension of Time to Complete Discovery filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Letter to Brian Harrison)(Rosas, Lucila) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

60

REPLY to Response to Motion re 35 MOTION for Protective Order re 30(b)(6) Deposition filed by Plaintiff Equal Employment Opportunity Commission. (Shanley, Sally) (Entered: 09/26/2005)

Sept. 26, 2005

Sept. 26, 2005

61

MOTION to Strike the Declaration of Mary Anne Q. Wood filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 09/29/2005)

Sept. 27, 2005

Sept. 27, 2005

62

MEMORANDUM in Support of 61 MOTION to Strike filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 09/29/2005)

Sept. 27, 2005

Sept. 27, 2005

63

SUBSTITUTED DECLARATION of Brain C. Harrison filed by Body Firm Aerobics (alt) (Entered: 09/29/2005)

Sept. 27, 2005

Sept. 27, 2005

64

REPLY to Response to Motion re 44 MOTION for Protective Order filed by Defendant Body Firm Aerobics. (Attachments: # 1 Appendix A - Unreported cases: Schroeder v. Southwest Airlines; EEOC v. Pacific Maritime Ass'n)(Wood, Mary Anne) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

65

REPLY to Response to Motion re 42 MOTION to Amend/Correct 4 Answer to Complaint filed by Defendant Body Firm Aerobics. (Wood, Mary Anne) (Entered: 10/03/2005)

Oct. 3, 2005

Oct. 3, 2005

66

MEMORANDUM in Opposition re 55 MOTION to Compel 30(b)(6) Deposition filed by Defendant Body Firm Aerobics. (Wood, Mary Anne) (Entered: 10/04/2005)

Oct. 4, 2005

Oct. 4, 2005

68

REPLY to Response to 55 MOTION to Compel 30(b)(6) Deposition filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 10/12/2005)

Oct. 4, 2005

Oct. 4, 2005

69

MOTION to Compel Resumption of Deposition of Ronald O. Littlebrandt filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 10/13/2005)

Oct. 5, 2005

Oct. 5, 2005

70

MEMORANDUM in Support of 69 MOTION to Compel Resumption of Deposition of Ronald O. Littlebrandt filed by Intervenor Plaintiff Andrea Liender (Attachments: #(1) Exhibit, #(2) Exhibit, #(3) Exhibit, #(4) Exhibit)(alt) (Entered: 10/13/2005)

Oct. 5, 2005

Oct. 5, 2005

71

SUPPLEMENTAL DECLARATION of Lincoln W. Hobbs filed by Andrea Liender (alt) (Entered: 10/13/2005)

Oct. 5, 2005

Oct. 5, 2005

72

AMENDED CERTIFICATE OF SERVICE re: Rule 26(a)(3) Pretrial Disclosures by Andrea Liender (alt) (Entered: 10/13/2005)

Oct. 5, 2005

Oct. 5, 2005

67

NOTICE of Lodging Proposed Form of Order by Equal Employment Opportunity Commission re 35 MOTION for Protective Order re 30(b)(6) Deposition (Attachments: # 1 Exhibit Proposed Form of Order)(Shanley, Sally) (Entered: 10/12/2005)

Oct. 12, 2005

Oct. 12, 2005

73

MEMORANDUM in Opposition to 69 MOTION to Compel Resumption of Deposition of Ronald O. Littlebrandt, filed by Defendant Body Firm Aerobics (alt) (Entered: 10/21/2005)

Oct. 19, 2005

Oct. 19, 2005

74

AMENDED ANSWER to Complaint filed by Body Firm Aerobics(alt) (Entered: 10/31/2005)

Oct. 28, 2005

Oct. 28, 2005

75

NOTICE OF HEARING ON MOTION re: 69 MOTION to Compel Resumption of Deposition of Ronald O. Littlebrandt: Motion Hearing set for 11/14/2005 09:30 AM in Room 248 before Magistrate Judge Samuel Alba. (cas) (Entered: 10/31/2005)

Oct. 31, 2005

Oct. 31, 2005

76

TRIAL ORDER with instructions to counsel: 3-day Jury Trial set for 12/5/2005 08:30 AM before Judge Tena Campbell. Final Pretrial Conference set for 11/14/2005 03:00 PM before Judge Tena Campbell. In Chambers Conference set for 12/5/2005 08:00 AM before Judge Tena Campbell. Signed by Judge Tena Campbell on 10/31/05 (alt) (Entered: 11/01/2005)

Nov. 1, 2005

Nov. 1, 2005

77

NOTICE OF FILING Complaint in Intervention filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 11/03/2005)

Nov. 1, 2005

Nov. 1, 2005

78

ORDER granting 42 Motion to Amend Answer. Signed by Judge Samuel Alba on 11/3/05 (alt) (Entered: 11/04/2005)

Nov. 4, 2005

Nov. 4, 2005

85

Minute Entry for proceedings held before Judge Samuel Alba: granting 69 Motion to Compel, Motion Hearing held on 11/14/2005 re 69 MOTION to Compel Resumption of Deposition of Ronald O. Littlebrandt filed by Andrea Liender. The Court noted the Motion to Compel and corresponding memoranda. Counsel presented their arguments as to the Motion to Compel to the Court. The Court granted the Plaintiff-Intervenor's Motion to Compel Resumption of Deposition of Ronald O. Littlebrandt. The Court ordered Rule 37 sanctions as to the costs associated with the resumption of the deposition to include the attorney's fees of Mr. Smith and Mr. Hobbs. The Court will not impose travel costs but will assess the hourly rate. Mr. Hobbs is to submit an affidavit of costs and provide a copy to counsel. Mr. Hobbs is to prepare and submit a proposed order in this matter. Attorney for Plaintiff-Intervenor: Lincoln Hobbs, Attorney for Plaintiff: Emanuel Smith, Attorney for Defendant Kathryn Balmforth.(Court Reporter Electronic, Tape #162 & 163, Log #6418-End and 0000-781.) (tsh, ) (Entered: 11/18/2005)

Nov. 14, 2005

Nov. 14, 2005

80

MOTION to Compel Responses to Discovery re: Punitive Damages filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 11/16/2005)

Nov. 15, 2005

Nov. 15, 2005

81

MEMORANDUM in Support of 80 MOTION to Compel Responses to Discovery re: Punitive Damages filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 11/16/2005)

Nov. 15, 2005

Nov. 15, 2005

82

DECLARATION of Lisa McGarry filed by Andrea Liender (alt) (Entered: 11/16/2005)

Nov. 15, 2005

Nov. 15, 2005

87

NOTICE of Change of Address by Lincoln W Hobbs, Lisa M. McGarry (alt) (Entered: 11/21/2005)

Nov. 15, 2005

Nov. 15, 2005

83

MOTION to Reconsider Ruling on Motion to Compel Resumption of Deposition of Ronald O. Littlebrandt filed by Defendant Body Firm Aerobics (alt) (Entered: 11/18/2005)

Nov. 16, 2005

Nov. 16, 2005

84

MEMORANDUM in Support of 83 MOTION to Reconsider Ruling on Motion to Compel Resumption of Deposition of Ronald O. Littlebrandt filed by Defendant Body Firm Aerobics (alt) (Entered: 11/18/2005)

Nov. 16, 2005

Nov. 16, 2005

86

AMENDED SCHEDULING ORDER: Discovery due by 12/30/2005. Motions due by 1/31/2006. Final Pretrial Conference set for 4/3/2006 02:30 PM before Judge Tena Campbell. 4-day Jury Trial set for 4/24/2006 08:30 AM before Judge Tena Campbell. Signed by Judge Samuel Alba on 11/18/05 (alt) (Entered: 11/21/2005)

Nov. 18, 2005

Nov. 18, 2005

88

ANSWER to Complaint in Intervention filed by Body Firm Aerobics (alt) (Entered: 11/22/2005)

Nov. 21, 2005

Nov. 21, 2005

89

MOTION to Compel Production of Documents filed by Defendant Body Firm Aerobics (alt) (Entered: 11/29/2005)

Nov. 28, 2005

Nov. 28, 2005

90

MEMORANDUM in Support of 89 MOTION to Compel Production of Documents filed by Defendant Body Firm Aerobics (alt) (Entered: 11/29/2005)

Nov. 28, 2005

Nov. 28, 2005

91

OBJECTIONS to Affidavit of Attorney Fees (no such affidavit filed with the Clerk's Office as of 11/29/05), filed by Defendant Body Firm Aerobics (alt) (Entered: 11/29/2005)

Nov. 28, 2005

Nov. 28, 2005

95

CERTIFICATE OF SERVICE re: 1st set of interrogs & 2nd set of reqs for prod/docs by Equal Employment Opportunity Commission (alt) (Entered: 12/02/2005)

Nov. 30, 2005

Nov. 30, 2005

96

MEMORANDUM in Opposition to 80 MOTION to Compel Responses to Discovery re: Punitive Damages, filed by Defendant Body Firm Aerobics (alt) (Entered: 12/02/2005)

Nov. 30, 2005

Nov. 30, 2005

92

NOTICE of Service of Fourth Supplemental Rule 26(a)(1) Disclosure Statement by Equal Employment Opportunity Commission (Shanley, Sally) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

94

MOTION to Expedite Hearing on Plaintiff EEOC's and Plaintiff-Intervenor's Motion to Strike Expert Testimony filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Rosas, Lucila) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

97

MEMORANDUM in Opposition to 94 MOTION to Expedite Hearing on Plaintiff EEOC's and Plaintiff-Intervenor's Motion to Strike Expert Testimony, filed by Defendant Body Firm Aerobics (alt) (Entered: 12/06/2005)

Dec. 2, 2005

Dec. 2, 2005

98

OBJECTION to Magistrates 79 Order on Motion for Protective Order, filed by Defendant Body Firm Aerobics (Attachments: # 1 Exhibit)(alt) (Entered: 12/06/2005)

Dec. 2, 2005

Dec. 2, 2005

100

**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on Rhonda Albrecht Hillan on 11/29/05, filed by Defendant Body Firm Aerobics (alt) (Entered: 12/07/2005)

Dec. 5, 2005

Dec. 5, 2005

101

MEMORANDUM in Opposition to 83 MOTION to Reconsider Ruling on Motion to Compel Resumption of Deposition of Ronald O. Littlebrandt, filed by Intervenor Plaintiff Andrea Liender (alt) (Entered: 12/07/2005)

Dec. 5, 2005

Dec. 5, 2005

102

ERRATA to 98 Objections filed by Defendant Body Firm Aerobics (alt) (Entered: 12/09/2005)

Dec. 6, 2005

Dec. 6, 2005

103

MOTION to Continue Trial Date filed by Defendant Body Firm Aerobics (alt) (Entered: 12/09/2005)

Dec. 6, 2005

Dec. 6, 2005

Case Details

State / Territory: Utah

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 2003

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Body Firm Aerobics (Orem), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: 50000

Order Duration: 2007 - 2008

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

General:

Disparate Treatment

Retaliation

Discrimination-area:

Demotion

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Discrimination-basis:

Pregnancy discrimination

Sex discrimination

Affected Gender:

Female

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit