Case: EEOC v. Los Angeles Times

US EEOC v. L A Times Comm LLC, et al

U.S. Equal Employment Opportunity Commission v. Los Angeles Times Communications LLC

U.S. Equal Employment Opportunity Commission v. Los Angeles Times Communications LLC

U.S. Court of Appeals for the Ninth Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT filed Summons(es) issued referred to Discovery Suzanne H. Segal (jag) (Entered: 10/02/2003)

CERTIFICATION OF INTERESTED PARTIES filed by plaintiff US EEOC (jag) (Entered: 10/02/2003)

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (jag) (Entered: 10/02/2003)

STANDING ORDER by Judge John F. Walter that action has been assigned to the calendar of Judge John F Walter (See document for further details) (ir) (Entered: 10/02/2003)

WAIVER OF SERVICE of SUMMONS by defendant L A Times Comm LLC sent by plf on 10/3/03 (yl) (Entered: 10/23/2003)

NOTICE OF INTERESTED PARTIES filed by defendant L A Times Comm LLC (rl) (Entered: 12/04/2003)

ANSWER filed by defendant L A Times Comm LLC to complaint [1-1] (rl) (Entered: 12/04/2003)

MINUTES: IN CHAMBERS Counsel are notified that a Scheduling Conference is set for 8:30 2/2/04 before Judge John F Walter Counsel are directed to comply with Rule 26(f) Report in a timely fashion and to file a Joint Rule 26(f) Report and a ADR Pilot Program Questionnaire on or before 1/20/04. The Court requests that a conformed courtesy copy of the report be delivered to chambers on the day it is filed (see document for further details) by Judge John F. Walter CR: None Present (el) (Entered: 12/12/2003)

STIPULATION and ORDER by Judge John F. Walter FOR GOOD CAUSE SHOWN: Lead Counsel is excused from appearing at the set conf. (yc) (Entered: 12/24/2003)

JOINT REPORT OF SCHEDULING MEETING filed; est length of trial 3 to 5 days. (yc, ) (Entered: 01/21/2004)

ADR PILOT PROGRAM QUESTIONNAIRE on behalf of Plaintiff Attorney.(yc, ) (Entered: 01/21/2004)

NOTICE AND REQUEST of Settlement Procedure Selection (Sp1) filed; Parties request Settlement procedure selection request denied By Order of John F. Walter (yc, ) (Entered: 01/28/2004)

ORDER by Judge John F. Walter, case ordered to Attorney Settlement Officer Panel for a Local Rule 16-14 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference.(shb, ) (Entered: 02/03/2004)

SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter that Jury Trial (Estimated lenght 4 days) set for 1/11/2005 09:30 AM. [Jury trial] Hearing on motions in limine; hearing on disputed jury instructions 1/7/2005 2:00 PM. [Court trial] File Findings of Fact and Conclusions of Law; Hearing on Motions in limine; Pretrial Conference set for 12/10/2004 02:00 PM before Honorable John F. Walter. Lodge Pretrial Conference Order; File Motions in limine; Memo of Contentions of Fact and Law; Exhibit List and Exhibit Stipulation; Witness Lists and Summary of Witness Testimony; File Status Report re Settlement; File Agreed Upon set of Jury Instructions and Verdict Forms; File Joint Statement re Disputed Instructions, Verdicts, etc on 12/3/2004; Discovery cut-off 11/1/2004; ADDITIONAL MATTERS TO BE DETERMINED AT SCHEDULING CONFERENCE: Last day to conduct Settlement Conference on 10/4/2004; Last day to file Joint Report re: results of Settlement Conference on 10/11/2004. (jp, ) (Entered: 02/04/2004)

MINUTES held before Judge John F. Walter : Scheduling Conference held. ADR-12 is signed and filed. Cout ordered the dates as indicated on Scheduling and Case Management Order filed today. Counsel served with Scheduling and Case Management Order on this date; Court Reporter: Nancy Smith-Wells. (rl, ) (Entered: 02/11/2004)

STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that E. Scon Douglas may serve as Attorney Settlement Officer for an early settlement conference(yc, ) (Entered: 02/26/2004)

ATTORNEY SETTLEMENT OFFICER PROCEEDING REPORT filed; Settlement Proceedings held on 5/19/2004; Settlement Proceedings Outcome: Unable to reach an agreement at this time. (jp, ) (Entered: 05/26/2004)

DECLARATION of DANIEL F. FEARS in support of Joint Motion and Stipulatio nto Modify Scheduling Order filed by Defendant Los Angeles Times Communications LLC. (jp, ) (Entered: 09/14/2004)

JOINT MOTION AND STIPULATION TO MODIFY SCHEDULING ORDER AND ORDER by Judge John F. Walter, DENYING JOINT MOTION.(shb, ) (Entered: 09/14/2004)

JOINT REPORT RE: Results of Settlement Conference filed by Defendant Los Angeles Times Communications LLC. (mg, ) (Entered: 09/27/2004)

STIPULATION AND ORDER by Judge John F. Walter : DENIED to continue Dispositive motion hearing deadline and setting briefing schedule. Denied without prejudice see paragraph 2(b) of CMO filed 2/4/04.(ir, ) (Entered: 10/06/2004)

STIPULATION AND ORDER by Judge John F. Walter : Dispositive motion hearing deadline date of Monday 11/8/04 be continued to 11/22/04 with the following briefing scheduling regarding Defendants Motion for Summary Judgment. Motion shall be filed and personally served or faxed by 10/18/04. Plaintiffs opposition shall be filed and personally served or faxed by 11/1/04. Defendant reply shall be filed and personally served or faxed by 11/15/04. All other pre-trial deadlines and the trial date shall remain as previously scheduled.(ir, ) (Entered: 10/12/2004)

NOTICE OF MOTION AND MOTION for Summary Judgment, or in the alternative Partial Summary Judgment filed by Defendant Los Angeles Times Communications LLC. Motion set for hearing on 11/22/2004 at 01:30 PM before Honorable John F. Walter. Lodged Summary Judgment, Lodged Separate Statement of Uncontroverted Facts. (ir, ) (Entered: 10/19/2004)

MEMORANDUM of Points and Authorities in Support of Defendants Motion for Summary Judgment or in the alternative Partial Summary Judgment 23 filed by Defendant Los Angeles Times Communications LLC. (ir, ) (Entered: 10/19/2004)

DECLARATION of Ana Maria Ventura in connection with its Motion for Summary Judgment or in the alternative Partial Summary Judgment 23 filed by Defendant Los Angeles Times Communications LLC. (ir, ) (Entered: 10/19/2004)

DECLARATION of Catalina Carrasco in support of its Motion for Summary Judgment or in the alternative Partial Summary Judgment 23 filed by Defendant Los Angeles Times Communications LLC. (ir, ) (Entered: 10/19/2004)

DECLARATION of Robert Mather in support of its Motion for Summary Judgment or in the alternative Partial Summary Judgment 23 filed by Defendant Los Angeles Times Communications LLC. (ir, ) (Entered: 10/19/2004)

DECLARATION of Carmen Recendez (Formerly Carmen Lloyd) filed in connection with its Motion for Summary Judgment or in the alternative Partial Summary Judgment 23 filed by Defendant Los Angeles Times Communications LLC. (ir, ) (Entered: 10/19/2004)

DECLARATION of Diane Smith in support of its Motion for Summary Judgment or in the alternative Partial Summary Judgment 23 filed by Defendant Los Angeles Times Communications LLC. (ir, ) (Entered: 10/19/2004)

DECLARATION of Eric Gramberg in support of its Motion for Summary Judgment or in the alternative Partial Summary Judgment 23 filed by Defendant Los Angeles Times Communications LLC. (ir, ) (Entered: 10/19/2004)

DECLARATION of Steven Anderson in support of its Motion for Summary Judgment or in the alternative Partial Summary Judgment 23 filed by Defendant Los Angeles Times Communications LLC. (ir, ) (Entered: 10/19/2004)

DECLARATION of David Miller in support of its Motion for Summary Judgment or in the alternative Partial Summary Judgment 23 filed by Defendant Los Angeles Times Communications LLC, U S Equal Employment Opportunity Commission. (ir, ) (Entered: 10/19/2004)

FAX number for Attorney Charity M Gilbreth is 949-851-1212. (ir, )

FAX number for Attorney Charity M Gilbreth is 949-851-1212. (ir, ) (Entered: 10/19/2004)

OPPOSITION to Defendants Motion for Summary Judgment 23 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 11/03/2004)

DECLARATION of Peter F Laura in support of Plaintiffs opposition to Defendants Motion for Summary Judgment 23 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 11/03/2004)

DECLARATION of Hubert Braddock in support of Plaintiffs opposition to Defendants Motion for Summary Judgment 23 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 11/03/2004)

STATEMENT of Genuine Issues in opposition to Defendants Motion for Summary Judgment 23 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 11/03/2004)

OBJECTIONS to strike evidence submitted by Defendant in support of its motion for Summary Judgment 23 filed by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 11/03/2004)

REPLY MEMORANDUM insupport of its MOTION for Summary Judgment 23 filed by defendant Los Angeles Times Communications LLC. (jp, ) (Entered: 11/19/2004)

REPLY to Plaintiff and OPPOSITION to plaintiff Motion to Strike evidence submitted by defendant in support of MOTION for Summary Judgment 23 filed by defendant Los Angeles Times Communications LLC. (jp, ) (Entered: 11/19/2004)

REPLY STATEMENT to plaintiff Statement of Genuine Issues in Opposition to defendant MOTION for Summary Judgment 23 filed by defendant Los Angeles Times Communications LLC. (jp, ) (Entered: 11/19/2004)

SUPPLEMENTAL DECLARATION of ERIC GRAMBERG in support of MOTION for Summary Judgment, or in the alternative Partial Summary Judgment 23 filed by defendant Los Angeles Times Communications LLC. (jp, ) (Entered: 11/19/2004)

SUPPLEMENTAL DECLARATION of DANEIL F. FEARS in support of MOTION for Summary Judgment, or in the alternative Summary Adjudication of Issues 23 filed by defendant Los Angeles Times Communications LLC. (jp, ) (Entered: 11/19/2004)

MINUTES held before Judge John F. Walter : DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT [filed 10/18/04]. Court hears oral argument and takes the matter under submission.Court Reporter: Nancy Smith-Wells. (rl, ) (Entered: 11/23/2004)

JOINT List of Exhibits filed by Defendant Los Angeles Times Communications LLC. (shb, ) (Entered: 12/08/2004)

JOINT STATEMENT Regarding Disputed Special Verdict Forms filed by Defendant Los Angeles Times Communications LLC (shb, ) (Entered: 12/08/2004)

JOINT STATEMENT Regarding Disputed Jury Instructions filed by Defendant Los Angeles Times Communications LLC (shb, ) (Entered: 12/08/2004)

JOINT Witness List, Summary of Witness testimony and time estimates. (mch, ) (Entered: 12/08/2004)

MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff U S Equal Employment Opportunity Commission. (shb, ) (Entered: 12/08/2004)

MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Los Angeles Times Communications LLC. (mch, ) (Entered: 12/08/2004)

PROPOSED VOIR DIRE QUESTIONS filed by Plaintiff U S Equal Employment Opportunity Commission. (shb, ) (Entered: 12/08/2004)

JOINT MOTIONS IN LIMINE (#1) to Preclude the testimony of Messrs. Mather and Anderson in their entireties and further precluding mention reference or testimony regarding Exhibits B and C attached to the Mather and Anderson declarations submitted in support of Defendants motion for summary judgment.(mch, ) (Entered: 12/10/2004)

DECLARATION of Daniel F Lula in support of JOINT MOTIONS IN LIMINE 53 filed by Defendant Los Angeles Times Communications LLC. (mch, ) (Entered: 12/10/2004)

DECLARATION of Daniel F Fears in support of JOINT MOTIONS IN LIMINE 53 filed by Defendant Los Angeles Times Communications LLC. (mch, ) (Entered: 12/10/2004)

DECLARATION of Peter F Laura in support of JOINT MOTIONS IN LIMINE 53 filed by Plaintiff U S Equal Employment Opportunity Commission. (mch, ) (Entered: 12/10/2004)

JOINT JURY INSTRUCTIONS. (jp, ) (Entered: 05/20/2005)

JOINT MOTIONS IN LIMINE (#3) to Prohibit all attorneys for all parties from arguing that Braddock lied on his employment application (mch, ) (Entered: 12/10/2004)

JOINT MOTIONS IN LIMINE (#2) to Prohibit all witnesses and attorneys for all parties from offering introducing into evidence or making any reference in the presence of jurors to Mr Braddock's workplace conduct alleged to have been undertaken after 2001 (mch, )

JOINT MOTIONS IN LIMINE (#3) to Prohibit all attorneys for all parties from arguing that Braddock lied on his employment application (mch, )

MINUTES (IN CHAMBERS): ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT by Judge John F. Walter. Defendants MOTION for Summary Judgment 23 is GRANTED. IT IS SO ORDERED. Court Reporter: None Present. (mch, ) (Entered: 12/10/2004)

JUDGMENT by Judge John F. Walter. It is Ordered Plaintiff United States Equal Employment Opportunity Commission shall recover nothing from Defendant Los Angeles Times Communications LLC; Defendant Los Angeles Times Communications LLC shall have judgment in its favor on Plaintiffs entire action. Defendant Los Angeles Times Communications LLC shall recover from Plaintiff its costs of suit in the sum of $_________________. The Clerk is ordered to enter this Judgment. (Made JS-6. Case Terminated.)(bg, ) (Entered: 12/10/2004)

MINUTES (IN CHAMBERS): ORDER VACATING FINAL PRE-TRIAL CONFERENCE AND TRIAL DATE; ORDER DENYING AS MOOT JOINT MOTIONS IN LIMINE by Judge John F. Walter. In light of the Courts Order of 12/8/04 granting Defendants Motion for Summary Judgment, the Final Pre-Trial Conference, scheduled for 12/10/04 and the Trial Date scheduled for 1/11/05 are hereby vacated. In addition the Joint MOTIONS IN LIMINE (#1) (#2) (#3) 53 are denied as moot. IT IS SO ORDERED. The Clerk shall serve a copy of this Minute Order on all parties to this action.Court Reporter: None Present. (mch, ) (Entered: 12/10/2004)

PLACED IN FILE - NOT USED re Separate Statement of Uncontroverted material facts and conclusions of law in support of Defendant Los Angeles Times Communicates LLC Motion for Summary Judgment or in the alternative Partial Summary Judgment, Lodged 10/18/04 submitted by Defendant Los Angeles Times Communications LLC. (ir, ) (Entered: 12/16/2004)

PLACED IN FILE - NOT USED re (Proposed) Statement of Decision for Summary Judgment or in the alternative partial summary judgment, lodged 10/18/04 submitted by Defendant Los Angeles Times Communications LLC. (ir, ) (Entered: 12/16/2004)

PLACED IN FILE - NOT USED re (Proposed) Statement of Decision, lodged 11/1/04 submitted by Plaintiff U S Equal Employment Opportunity Commission. (ir, ) (Entered: 12/16/2004)

PLACED IN FILE - NOT USED re (Proposed) Final Pretrial Conference Order, lodged 12/3/04 (ir, ) (Entered: 12/16/2004)

PLACED IN FILE - NOT USED re Separate Statement of Uncontroverted material facts and conclusions of law in support of Defendant Los Angeles Times Communicates LLC Motion for Summary Judgment or in the alternative Partial Summary Judgment, Lodged 10/18/04 submitted by Defendant Los Angeles Times Communications LLC. (ir, )

PLACED IN FILE - NOT USED re (Proposed) Statement of Decision for Summary Judgment or in the alternative partial summary judgment, lodged 10/18/04 submitted by Defendant Los Angeles Times Communications LLC. (ir, )

PLACED IN FILE - NOT USED re (Proposed) Statement of Decision, lodged 11/1/04 submitted by Plaintiff U S Equal Employment Opportunity Commission. (ir, )

PLACED IN FILE - NOT USED re (Proposed) Final Pretrial Conference Order, lodged 12/3/04 (ir, )

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 11/22/04 Court Reporter: Nancy Smith-Wells. (cbr, ) (Entered: 12/21/2004)

TRANSCRIPT filed for proceedings held on 11/22/04. Court Reporter: Nancy Smith-Wells. (cbr, ) (Entered: 12/21/2004)

NOTICE of Application to the Clerk to Tax Costs; Memorandum of points and authorities filed by Defendant Los Angeles Times Communications LLC. (shb, ) (Entered: 12/29/2004)

NOTICE OF NON-OPPOSITION filed by plaintiff U.S. Equal Employment Opportunity Commission to defendant Los Angeles Times Communications LLC's Notice of Application to the Clerk to Tax Costs 60 . (gk, ) (Entered: 01/11/2005)

BILL OF COSTS. Costs Taxed in amount of $ $1,430.35 in favor of Defendant Los Angeles Times Communications LLC and against Plaintiff US Equal Employment Opportunity Commission. RE: Judgment 51 (ir, ) (Entered: 01/07/2005)

NOTICE OF APPEAL to 9th CCA filed by plaintiff U S Equal Employment Opportunity Commission. Appeal of Judgment 51 Filed On: 12/09/04; Entered On: 12/10/04. Filing fee $ 255. Waived. cc: Cherry-Marie D. Rojas, Carolyn L. Wheeler, Office of General Counsel; Daniel Fears, Payne and Fears. (cbr, ) (Entered: 02/08/2005)

REPRESENTATION STATEMENT re Appeal to Circuit Court, 63 . (cbr, ) (Entered: 02/08/2005)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, [63] (nm, ) (Entered: 02/10/2005)

Civil Appeals Docketing Statement received from plaintiff U S Equal Employment Opportunity Commission forwarded to 9th CCA. RE: Appeal to Circuit Court, [63]. (cbr, ) (Entered: 02/10/2005)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, 63 (nm, )

Civil Appeals Docketing Statement received from plaintiff U S Equal Employment Opportunity Commission forwarded to 9th CCA. RE: Appeal to Circuit Court, 63 . (cbr, )

TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 11/22/04; Summary Judgment Hearing; Court Reporter: Nancy Smith-Wells; Re: Appeal to Circuit Court, 63 . (ghap, ) (Entered: 03/04/2005)

NOTIFICATION by Circuit Court of Appellate Docket Number 05-55253, 9th CCA regarding Appeal to Circuit Court, 63 filed by U S Equal Employment Opportunity Commission,. (nm, ) (Entered: 03/07/2005)

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 11/22/04 Court Reporter: Nancy Smith-Wells. (cbr, ) (Entered: 03/09/2005)

TRANSCRIPT filed for proceedings held on 11/22/04. Court Reporter: Nancy Smith-Wells. (cbr, ) (Entered: 03/09/2005)

CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, 63 filed by U S Equal Employment Opportunity Commission; Court of Appeals Case Number: 05-55253. (ghap, ) (Entered: 03/17/2005)

ORDER from 9th CCA filed as to Appeal to Circuit Court, 63 filed by U S Equal Employment Opportunity Commission, CCA # 05-55253. Order received in this district on 03/25/05. A settlement assessment conference will be held by phone on 04/06/05 at 11:30 a.m. Pacific(San Francisco)Time. Briefing schedule previously set by the court remains in effect. (cbr, ) (Entered: 03/28/2005)

ORDER from 9th CCA filed as to Appeal to Circuit Court, 63 filed by U S Equal Employment Opportunity Commission, CCA # 05-55253. Order received in this district on 05/23/05. Briefing schedule previously set is amended as follows: Appellant shall file opening brief on or before 06/24/05; appellee shall file answering brief on or before 07/25/05; appellant may file optional reply brief wihtin 14 days from the serive date of the answering brief. (cbr, ) (Entered: 05/25/2005)

ORDER from 9th CCA filed as to Appeal to Circuit Court, 63 filed by U S Equal Employment Opportunity Commission, CCA # 05-55253. Order received in this district on 08/09/05. The briefing schedule previously set by the court is vacated. (cbr, ) (Entered: 08/10/2005)

MANDATE of 9th CCA filed as to Appeal to Circuit Court 63, CCA # 05-55253. The appeal is voluntarily DISMISSED. Mandate received in this district on 11/9/2005. (jp, ) (Entered: 11/10/2005)