EEOC v. KCD Construction Inc

EEOC v. KCD Construction Inc

EEOC v. KCD Construction Inc

EEOC v. KCD Construction, Inc.

EEOC v. KCD Construction Inc

No Court

EEOC v. KCD Construction, Inc.

EEOC v. KCD Construction Inc

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT with Jury Demand against KCD Construction, Inc. assigned to Judge David S. Doty per Civil Rights referred to Magistrate Judge Susan R. Nelson 4:05AD234, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(JMH) (Entered: 09/14/2005)

Summons Issued as to KCD Construction, Inc. (JMH) (Entered: 09/14/2005)

SUMMONS Returned Executed by Equal Employment Opportunity Commission. KCD Construction, Inc. served on 9/22/2005, answer due 10/12/2005. (JLB) (Entered: 09/30/2005)

ANSWER to Complaint by KCD Construction, Inc..(Thompson, Stephen) (Entered: 10/10/2005)

AFFIDAVIT of Service by KCD Construction, Inc. re 3 Answer to Complaint (Thompson, Stephen) (Entered: 10/10/2005)

NOTICE OF PRETRIAL CONFERENCE Pretrial Conference set for 11/22/2005 03:30 PM In Chambers Hearing before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 10/17/05. (JMH) (Entered: 10/17/2005)

REPORT Joint Rule 26(f) Report by Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 11/10/2005)

MOTION for Partial Summary Judgment by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 11/15/2005)

NOTICE of Hearing on Motion 7 MOTION for Partial Summary Judgment: Motion Hearing set for 1/20/2006 10:30 AM in Minneapolis - Courtroom 14W before Senior Judge David S Doty. (Burnside, Tina) (Entered: 11/15/2005)

MEMORANDUM in Support re 7 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 unpublished case Hoglund v. Daimler Chrysler Corp.# 2 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 11/15/2005)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 7 MOTION for Partial Summary Judgment, 8 Notice of Hearing on Motion, 9 Memorandum in Support of Motion, 10 Declaration in Support (Burnside, Tina) (Entered: 11/15/2005)

RULE 7.1 DISCLOSURE STATEMENT by KCD Construction, Inc. that there is no such parent or publicly held corporation to report. (Friederichs, Tammy) (Entered: 11/22/2005)

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 12 Rule 7.1 - Disclosure Statement (Friederichs, Tammy) (Entered: 11/22/2005)

Minute Entry for proceedings held before Magistrate Judge Susan R Nelson : Rule 16 Scheduling Conference held on 11/22/2005. (JLB) (Entered: 11/28/2005)

PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/19/2005. Discovery due by 8/1/2006. Motions (non-disp) due 8/15/2006. Motions (disp) due by 9/1/2006. Ready for trial due by 1/2/2007. Signed by Magistrate Judge Susan R Nelson on 11/28/05. (JMH) (Entered: 11/28/2005)

NOTICE OF SETTLEMENT CONFERENCE Settlement Conference set for 3/16/2006 09:30 AM In Chambers Suite 9E Hearing before Magistrate Judge Susan R Nelson. Signed by Magistrate Judge Susan R Nelson on 11/28/05. (JMH) (Entered: 11/28/2005)

MEMORANDUM in Opposition re 7 MOTION for Partial Summary Judgment filed by KCD Construction, Inc.. (Attachments: # 1 Certificate LR 7.1 Compliance Certificate)(Friederichs, Tammy) Modified text on 1/3/2006 (jlb). (Entered: 12/30/2005)

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 17 Memorandum in Opposition to Motion (Friederichs, Tammy) (Entered: 12/30/2005)

REPLY re 17 Memorandum in Opposition to Motion for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate # 2 Certificate of Service)(Burnside, Tina) (Entered: 01/04/2006)

(TEXT ENTRY ONLY) Minute Entry for proceedings held before Judge David S Doty : Motion Hearing held on 1/20/2006 re 7 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission - argued, submitted and taken under advisement. Order forthcoming. (Court Reporter Lorilee Fink) (CLB) (Entered: 01/20/2006)

MOTION for Protective Order by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 02/08/2006)

NOTICE OF HEARING ON MOTION 21 MOTION for Protective Order: Motion Hearing set for 2/24/2006 09:30 AM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Burnside, Tina) (Entered: 02/08/2006)

Declaration of Tina Burnside in Support of 21 MOTION for Protective Order filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix # 2 Exhibit 1# 3 Exhibit 2, part 1# 4 Exhibit 2, part 2# 5 Exhibit 3# 6 Exhibit 4-8# 7 Exhibit 9-10)(Burnside, Tina) (Entered: 02/08/2006)

MOTION to Compel Discovery by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 02/08/2006)

NOTICE OF HEARING ON MOTION 25 MOTION to Compel Discovery : Motion Hearing set for 2/24/2006 09:30 AM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Burnside, Tina) (Entered: 02/08/2006)

MEMORANDUM in Support re 25 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix)(Burnside, Tina) (Entered: 02/08/2006)

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Equal Employment Opportunity Commission re 27 Memorandum in Support of Motion filed by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 02/08/2006)

Declaration of Tina Burnside in Support of 25 MOTION to Compel Discovery filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1-4# 2 Exhibit 5-10# 3 Exhibit 11-13)(Burnside, Tina) (Entered: 02/08/2006)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 21 MOTION for Protective Order, 22 Notice of Hearing on Motion, 23 Memorandum in Support of Motion, 24 Declaration in Support, (Burnside, Tina) (Entered: 02/08/2006)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 25 MOTION to Compel Discovery , 26 Notice of Hearing on Motion, 27 Memorandum in Support of Motion, 28 LR7.1 Word Count Compliance Certificate, 29 Declaration in Support (Burnside, Tina) (Entered: 02/08/2006)

MOTION to Compel by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 02/10/2006)

NOTICE OF HEARING ON MOTION 32 MOTION to Compel: Motion Hearing set for 2/24/2006 09:30 AM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Friederichs, Tammy) (Entered: 02/10/2006)

MEMORANDUM in Support re 32 MOTION to Compel filed by KCD Construction, Inc.. (Attachments: # 1 Exhibit Index# 2 Exhibits A-B# 3 Exhibit C# 4 Exhibit D# 5 Exhibits E-I# 6 Exhibit J# 7 Exhibits K-Z# 8 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 02/10/2006)

AFFIDAVIT of Tammy P. Friederichs in SUPPORT OF 32 MOTION to Compel filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 02/10/2006)

AFFIDAVIT of Stephen M. Thompson in SUPPORT OF 32 MOTION to Compel filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 02/10/2006)

MEMORANDUM in Opposition re 32 MOTION to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Capellupo v FMC Corp.# 2 Appendix Ellenberg v Tuffys# 3 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 02/17/2006)

DECLARATION of Tina Burnside in Opposition to 32 MOTION to Compel filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6 part 1# 7 Exhibit 6 part 2# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11)(Burnside, Tina) (Entered: 02/17/2006)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 38 Memorandum in Opposition to Motion, 39 Declaration in Opposition, to Defendant's Motion to Compel (Burnside, Tina) (Entered: 02/17/2006)

MEMORANDUM in Opposition re 21 MOTION for Protective Order filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 02/17/2006)

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 41 Memorandum in Opposition to Motion for Protective Order (Friederichs, Tammy) (Entered: 02/17/2006)

MEMORANDUM in Opposition re 25 MOTION to Compel Discovery filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 02/17/2006)

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 43 Memorandum in Opposition to Motion to Compel Discovery (Friederichs, Tammy) (Entered: 02/17/2006)

Minute Entry and ORDER for proceedings held before Magistrate Judge Susan R Nelson : granting in part and denying in part 32 Motion to Compel, granting 21 Motion for Protective Order, granting in part and denying in part 25 Motion to Compel, Motion Hearing held on 2/24/2006. (Tape #519, 520) No other Order to be issued. Signed by Magsitrate Judge Susan R. Nelson on 2/24/06.(JLB) (Entered: 02/28/2006)

ORDER granting 7 Motion for Partial Summary Judgment (Written Opinion). Signed by Judge David S Doty on 3/6/06. (PJM)

STIPULATION for Protective Order by Equal Employment Opportunity Commission, KCD Construction, Inc.. (Thompson, Stephen) (Entered: 03/15/2006)

PROTECTIVE ORDER that the parties shall abide by all terms andduties outlined in the Stipulation for Protective Order [Doc. No. 47]. Signed by Magistrate Judge Susan R Nelson on 3/15/06. (JMH) (Entered: 03/15/2006)

STIPULATION for Protective Order by Equal Employment Opportunity Commission, KCD Construction, Inc.. (Burnside, Tina) (Entered: 04/19/2006)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 50 Stipulation for Protective Order (Burnside, Tina) (Entered: 04/19/2006)

PROTECTIVE ORDER re 50 Stipulation. Signed by Magistrate Judge Susan R Nelson on 4/20/06. (JLB) (Entered: 04/20/2006)

MOTION for Sanctions by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 05/01/2006)

NOTICE OF HEARING ON MOTION 53 MOTION for Sanctions: Motion Hearing set for 5/15/2006 01:30 PM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Burnside, Tina) (Entered: 05/01/2006)

MEMORANDUM in Support re 53 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Attachments: # 1 Appendix Quela v. Payco-General American Credits# 2 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 05/01/2006)

Declaration of Tina Burnside in Support of 53 MOTION for Sanctions filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) 1 to 5)(Burnside, Tina) (Entered: 05/01/2006)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 55 Memorandum in Support of Motion, 56 Declaration in Support, 53 MOTION for Sanctions, 54 Notice of Hearing on Motion for Sanctions (Burnside, Tina) (Entered: 05/01/2006)

MEMORANDUM in Opposition re 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 05/08/2006)

AFFIDAVIT of Nicolas Guadalupe Iracheta in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

AFFIDAVIT of Yolanda Lizette Iracheta in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

AFFIDAVIT of Agustin Alberto Iracheta-Rubio in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

AFFIDAVIT of Kenneth Doeden in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

AFFIDAVIT of Amy Flom in OPPOSITION TO 53 MOTION for Sanctions filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 05/08/2006)

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 60 Affidavit in Opposition to Motion, 61 Affidavit in Opposition to Motion, 64 Affidavit in Opposition to Motion, 62 Affidavit in Opposition to Motion, 58 Memorandum in Opposition to Motion, 63 Affidavit in Opposition to Motion, 59 Affidavit in Opposition to Motion (Friederichs, Tammy) (Entered: 05/08/2006)

AMENDED NOTICE of Hearing on Motion 53 MOTION for Sanctions: Motion Hearing set for 7/10/2006 02:30 PM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R Nelson. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 05/16/2006)

Letter re: withdrawal of motion re 55 Memorandum in Support of Motion, 56 Declaration in Support, 53 MOTION for Sanctions, 57 Certificate of Service, 66 Amended Notice of Hearing on Motion, 54 Notice of Hearing on Motion from Tina Burnside. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 06/21/2006)

ORDER 1. Defendant's request to compel the audio information redacted by Plaintiff is DENIED. Signed by Magistrate Judge Susan R Nelson on 6/26/06. (JMH) (Entered: 06/26/2006)

MOTION for Summary Judgment by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

NOTICE OF HEARING ON MOTION 69 MOTION for Summary Judgment: Motion Hearing set for 10/20/2006 09:45 AM in Minneapolis - Courtroom 14W before Senior Judge David S Doty. (Friederichs, Tammy) (Entered: 09/01/2006)

MEMORANDUM in Support re 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by KCD Construction, Inc. re 71 Memorandum in Support of Motion filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

AFFIDAVIT of James A. Hoekman in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

AFFIDAVIT of Agustin Alberto Iracheta-Rubio in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

AFFIDAVIT of Nicolas Guadalupe Iracheta in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

AFFIDAVIT of Otoniel Rivera in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

AFFIDAVIT of Stephen M Thompson in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Friederichs, Tammy) (Entered: 09/01/2006)

AFFIDAVIT of Tammy P Friederichs in SUPPORT OF 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Attachments: # 1 Exhibit Index# 2 Bravo Depo Excerpts# 3 C Doeden Depo Excerpts# 4 D Doeden Depo Excerpts# 5 K Doeden Depo Excerpts# 6 Hernandez Depo Excerpts# 7 Hoekman Depo Excerpts# 8 Y Iracheta Depo Excerpts# 9 Schreier Depo Excerpts# 10 Morales Depo Excerpts# 11 Santos Depo Excerpts# 12 Soto Depo Excerpts# 13 Ex 1-4# 14 Ex 5-11# 15 Ex 12)(Friederichs, Tammy) (Entered: 09/01/2006)

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 71 Memorandum in Support of Motion, 72 LR7.1 Word Count Compliance Certificate, 74 Affidavit in Support of Motion, 76 Affidavit in Support of Motion, 79 Affidavit in Support of Motion,,, 75 Affidavit in Support of Motion, 73 Affidavit in Support of Motion, 70 Notice of Hearing on Motion, 78 Affidavit in Support of Motion, 69 MOTION for Summary Judgment, 77 Affidavit in Support of Motion (Friederichs, Tammy) (Entered: 09/01/2006)

MEMORANDUM in Opposition re 69 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Burnside, Tina) (Entered: 09/28/2006)

DECLARATION of Tina Burnside in Opposition to 69 MOTION for Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit(s) 1 to 4# 2 Exhibit(s) 5# 3 Exhibit(s) Aldoy deposition excerpts# 4 Exhibit(s) Bravo deposition excerpts# 5 Exhibit(s) Chad Doeden deposition excerpts# 6 Exhibit(s) Dennis Doeden deposition excerpts# 7 Exhibit(s) Hernandez deposition excerpts# 8 Exhibit(s) Hoekman deposition excerpts# 9 Exhibit(s) Kenneth Doeden deposition excerpts# 10 Exhibit(s) Nicholas Iracheta deposition excerpts# 11 Exhibit(s) Romero deposition excerpts# 12 Exhibit(s) Rubio deposition excerpts# 13 Exhibit(s) Santos deposition excerpts# 14 Exhibit(s) Soto deposition excerpts part 1# 15 Exhibit(s) Soto deposition excerpts part 2# 16 Exhibit(s) Yolanda Iracheta deposition excerpts)(Burnside, Tina) (Entered: 09/28/2006)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 82 Declaration in Opposition, 81 Memorandum in Opposition to Motion (Burnside, Tina) Modified text on 9/29/2006 (jc). (Entered: 09/28/2006)

LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Equal Employment Opportunity Commission re 81 Memorandum in Opposition to Motion filed by Equal Employment Opportunity Commission. (Burnside, Tina) (Entered: 09/29/2006)

REPLY re 69 MOTION for Summary Judgment filed by KCD Construction, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Friederichs, Tammy) (Entered: 10/06/2006)

CERTIFICATE OF SERVICE by KCD Construction, Inc. re 86 Affidavit in Support of Motion, 85 Reply (Friederichs, Tammy) (Entered: 10/06/2006)

*TEXT ONLY ENTRY* Minute Entry for proceedings held before Judge David S Doty : Motion Hearing held on 10/20/2006 re 69 MOTION for Summary Judgment filed by KCD Construction, Inc. - argued and taken under advisement. Order forthcoming. (Court Reporter Lorilee Fink) (PJM) (Entered: 10/20/2006)

NOTICE of Change of Address by Tina Burnside (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 11/02/2006)

NOTICE OF SETTLEMENT CONFERENCE Settlement Conference set for 11/28/2006 10:30 AM, In Chambers, Suite 9E, before Magistrate Judge Susan R. Nelson. Signed by Magistrate Judge Susan R. Nelson on 11/02/2006. (jc) (Entered: 11/02/2006)

Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Settlement Conference held on 11/28/2006. Case did not settle. (jc) (Entered: 11/29/2006)

ORDER denying 69 Motion for Summary Judgment (Written Opinion). Signed by Judge David S. Doty on 4/16/2007. (PJM)

JURY TRIAL NOTICE Jury Trial set for 7/23/2007 09:00 AM in Minneapolis - Courtroom 14W before Senior Judge David S. Doty. (PJM) (Entered: 04/16/2007)

NOTICE OF FINAL SETTLEMENT CONFERENCE Settlement Conference set for 6/21/2007 09:30 AM in Chambers, Suite 9E, Hearing before Magistrate Judge Susan R. Nelson. Signed by Magistrate Judge Susan R. Nelson on 4/17/07. (JMH) (Entered: 04/17/2007)

Minute Entry for proceedings held before Magistrate Judge Susan R. Nelson : Settlement Conference held on 6/21/2007. Final Settlement Conference held. Settlement Conference is continued. The parties are directed to report to the Court no later than June 27, 2007 on the status of settlement of this matter. (jc) (Entered: 06/22/2007)

ORDER DISMISSING CASE. Signed by Judge David S. Doty on 7/20/2007. (CLB) (Entered: 07/20/2007)

CONSENT DECREE. Signed by Judge David S. Doty on 7/25/2007. (PJM) (Entered: 07/25/2007)

STIPULATION of Dismissal With Prejudice by Equal Employment Opportunity Commission, KCD Construction, Inc., Equal Employment Opportunity Commission. (Attachments: # 1 Certificate of Service)(Burnside, Tina) (Entered: 07/25/2007)

ORDER For Dismissal With Prejudice re 98 Stipulation of Dismissal filed by Equal Employment Opportunity Commission, KCD Construction, Inc. Signed by