EEOC v. Dial Corporation

U. S. Court of Appeals for the Eighth Circuit

EEOC v. Dial Corp

EEOC v. Dial Corporation

Equal Employment Opportunity Commission v. Dial Corporation

EEOC v. Dial Corporation

2005 WL 859274

EEOC v. Dial Corporation

No Court

EEOC v. Dial Corporation

No Court

EEOC v. Dial Corporation

2005 WL 2839977

EEOC v. Dial Corporation

U. S. Court of Appeals for the Eighth Circuit

469 F.3d 735

Carly Knight, Frank Dobbin, Alexandra Kalev

PUBLIC DOCKET ANNOTATION; all remaining paper exhibits shredded this date in the clerk's office, withdrawal of exhibit deadline past (ljf, ) (Entered: 05/11/2007)

ORDER resolving outstanding issues. Entered by Chief Judge Ronald E. Longstaff on 9/14/2005. (llc, ) (Entered: 09/14/2005)

STATUS REPORT Re proposed judgment by Equal Employment Opportunity Commission. (Powers, Deborah) (Entered: 07/27/2005)

TEXT ORDER. On June 29, 2005, the Court received a telephone call from counsel for EEOC requesting a hearing on the remaining issues. The Court notes that the call was received less than 48 hours after the Order of June 27, 2005, encouraging the parties to resolve the remaining issues without the Court's involvement. If the parties can certify to the Court that they attempted in good faith to resolve the remaining issues then the Court will schedule a hearing. The parties are directed to submit a joint status report, or preferably, a proposed form of judgment within 30 days from the date of the original Order. Entered by Chief Judge Ronald E. Longstaff on 6/29/2005. (llc, ) (Entered: 06/29/2005)

ORDER Regarding Damages. Entered by Chief Judge Ronald E. Longstaff on 6/27/2005. (llc, ) (Entered: 06/27/2005)

Plaintiff's responsive brief 131 (Exhibits entered at #131). (Attachments: # 1 Exhibit letter to clerk re filing error)(Powers, Deborah) Modified on 6/13/2005 per KW (sk, ). (Entered: 06/13/2005)

Defendant's responsive brief filed by Dial Corporation. Replies due by 6/22/2005. (Driscoll, Kevin) Modified on 6/13/2005 per KW (sk, ). (Entered: 06/10/2005)

EXHIBITS to plaintiffs responsive brief at #133 . (Attachments: # 1 Exhibit Proposed Order# 2 # 3 # 4)(Powers, Deborah) Modified on 6/13/2005 per KW (sk, ). (Entered: 06/10/2005)

Letter from Christopher Casazza (sk, ) (Entered: 05/26/2005)

TEXT ORDER: ORDER granting 128 plaintiff's unresisted motion for extension of time to file responsive briefs. The deadline for filing responsive briefs is extended to June 10, 2005. Entered by Magistrate Judge Ross A. Walters on 5/26/2005. (nsr) (Entered: 05/26/2005)

MOTION for Extension of Time to File Responsive Briefs by Equal Employment Opportunity Commission. Responses due by 6/13/2005 (Kamp, Jean) (Entered: 05/26/2005)

BRIEF Corrected Post-Trial Damages Phase Issues . (Joensen, Thomas) (Entered: 05/25/2005)

Errata Letter to Clerk re 125 Brief/Other filed by Dial Corporation,. (Joensen, Thomas) (Entered: 05/25/2005)

BRIEF Post-Trial Damages Issues . (Joensen, Thomas) (Entered: 05/25/2005)

BRIEF Letter to Judge Longstaff re EEOC Brief on Damages, Doc. #122 . (Powers, Deborah) (Entered: 05/24/2005)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission (Powers, Deborah) (Entered: 05/24/2005)

BRIEF EEOC's Brief on Damages . (Attachments: # 1 Exhibit Exhibit A to EEOC's Brief on Damages)(Powers, Deborah) (Entered: 05/24/2005)

ORDER Following Status Conference and Setting Schedule for Determination of Remaining Issues. Parties to file briefs on remaining issues by May 24, 2005. Responsive briefs, if any, shall be filed by May 31, 2005. See order for other particulars. Entered by Magistrate Judge Ross A. Walters on 5/9/2005. (nsr) (Entered: 05/09/2005)

Text Minute Entry for proceedings held before Magistrate Judge Ross A. Walters: Scheduling Conference held on 5/9/2005. Counsel appeared by telephone. Schedule set for briefing of remaining issues. Separate order to follow. (klw) (Entered: 05/09/2005)

ORDER setting telephonic conference to discuss scheduling. Scheduling conference to be held by telephone conference call on 5/9/2005 at 10:30 a.m. before Magistrate Judge Ross A. Walters. Conference call to be placed by counsel for plaintiff. (nsr) (Entered: 04/26/2005)

ORDER granting 116 motion to expedite and resolving pending issues. Entered by Chief Judge Ronald E. Longstaff on 4/12/2005. (llc, ) (Entered: 04/12/2005)

MOTIONS 116 MOTION to Expedite Pending Disparate Impact Remedy Issues REFERRED to Judge Judge Longstaff. (sk, ) (Entered: 04/04/2005)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 114 Notice (Other) (sk, ) (Entered: 03/29/2005)

NOTICE (Reply Brief regarding remedies) by Equal Employment Opportunity Commission re 110 Brief/Other (sk, ) (Entered: 03/29/2005)

NOTICE (Defendant's response brief regarding post-trial remedy issues) by Dial Corporation re 112 Brief/Other (sk, ) (Entered: 03/29/2005)

BRIEF regarding post-trial damages phase issues. (sk, ) (Entered: 03/14/2005)

BRIEF regarding rememdies. (sk, ) (Entered: 03/14/2005)

ORDER setting briefing schedule. Entered by Chief Judge Ronald E. Longstaff on 2/28/2005. (llc, ) (Entered: 02/28/2005)

Minute Entry for proceedings held before Judge Ronald E. Longstaff : Telephone Conference held on 2/28/2005 from 9 am to 10 am. Appearing were: Jean Kamp, Brian Tyndall, and Camille Olson. (Court Reporter Eileen Hicks.) (dsg) (Entered: 02/28/2005)

Set/Reset Hearings: Telephone Conference set for 2/28/2005 09:00 AM before Chief Judge Ronald E. Longstaff. (sk, ) (Entered: 02/04/2005)

ORDER on liability on disparate impact claim and setting telephone hearing on remedies for 9:00 a.m. February 28, 2005. Entered by Chief Judge Ronald E. Longstaff on 2/3/2005. (llc, ) (Entered: 02/03/2005)

ORDER granting 75 Motion, denying 95 Motion for Judgment as a Matter of Law. Entered by Chief Judge Ronald E. Longstaff on 2/3/2005. (llc, ) (Entered: 02/03/2005)

Judge Ross A Walters added. (sk, ) (Entered: 10/20/2004)

MEMORANDUM in Opposition to Motion re 95 Motion for Judgment as a Matter of Law filed by Equal Employment Opportunity Commission. Replies due by 10/22/2004. (rmj, ) (Entered: 10/19/2004)

TRIAL EXHIBIT LIST AND WITNESS LIST by defendant regarding first segment of trial concluding 8/23/04 (rmj) (Entered: 09/30/2004)

TRIAL EXHIBIT LIST AND WITNESS LIST by plaintiff regarding first segment of trial concluding 8/23/04 (rmj) (Entered: 09/30/2004)

JOINT TRIAL EXHIBIT LIST AND WITNESS LIST by plaintiff EEOC, defendant Dial Corporation pertaining to first segment of trial concluding 8/23/04 (rmj) (Entered: 09/30/2004)

PARTIAL TRIAL TRANSCRIPT filed from 8/19/04; Jackie M. Sinnott court reporter; pgs 1-101 (rmj) (Entered: 09/27/2004)

BRIEF FILED by defendant [91-1] regarding its position regarding back pay remedy as directed by 9/10/04 order (rmj) (Entered: 09/27/2004)

PROPOSED Findings of Fact with respect to Disparate Impact Claim submitted by defendant as directed in 9/10/04 Order [91-1] (rmj) (Entered: 09/27/2004)

MEMORANDUM OF LAW/BRIEF FILED by defendant [91-1] regarding disparate impact claim (rmj) (Entered: 09/27/2004)

MEMORANDUM by defendant in support [95-1] of motion for judgment as a matter of law before Judge Ronald E. Longstaff (rmj) (Entered: 09/27/2004)

MOTION by defendant for judgment as a matter of law before Judge Ronald E. Longstaff (rmj) (Entered: 09/27/2004)

APPENDIX filed by plaintiff EEOC [92-1] re: document proposed finding of fact (bp) (Entered: 09/24/2004)

MEMORANDUM by plaintiff EEOC in support [92-1] of document proposed finding of fact (bp) (Entered: 09/24/2004)

PROPOSED EEOC Proposed finding of fact submitted by plaintiff EEOC (bp) (Entered: 09/24/2004)

ORDER FOLLOWING STATUS CONFERENCE by Magistrate Judge Ross A. Walters re present briefing schedule concerning the disparate impact claim and dft's Rule 50 motion; SEE ORDER FOR SPECS (cc: all counsel) (rmj) (Entered: 09/10/2004)

CLERK'S COURT MINUTES: courtroom clerk: Kathleen Wade; court reporter: none; Status conference regarding post trial submissions (bp) (Entered: 09/09/2004)

TRANSCRIPT filed partial trial from 08/17/04 page 1-29 (don) (Entered: 09/08/2004)

TRANSCRIPT filed re: Thursday 08/19/04 hearing (fm) (Entered: 09/02/2004)

TRANSCRIPT filed re: Tuesday 08/17/04 hearing (fm) (Entered: 09/02/2004)

TRANSCRIPT filed re: Monday 08/16/04 hearing (fm) (Entered: 09/02/2004)

Trial WITNESS list from 8/25/04 proceeding re damages (rmj) (Entered: 09/02/2004)

VERDICT for plaintiff against defendant re amount of damages (rmj) (Entered: 09/02/2004)

TRIAL JURY INSTRUCTIONS re amount of damages (rmj) (Entered: 09/02/2004)

CLERK'S COURT MINUTES: Seventh day of jury trial; Resumed with jury on damages issue; verdict rendered; courtroom clerk: Shirley Dooley; court reporter: Teresa Kenkel (rmj) Modified on 08/26/2004 (Entered: 08/26/2004)

ORDER FOR TELEPHONIC STATUS CONFERENCE by Magistrate Judge Ross A. Walters; Status Cnf to discuss issues in connection with the remainder of the case Status hearing (MAG) Walters 9/9/04 @ 3:00; said call to be placed by Plf's counsel (cc: all counsel) (rmj) (Entered: 08/25/2004)

PROPOSED jury instructions and verdict form submitted by defendant re individual claimants' damages [74-1] (rmj) (Entered: 08/24/2004)

MOTION by defendant to exclude compensatory damage claims before Judge Ronald E. Longstaff (rmj) (Entered: 08/24/2004)

VERDICT for plaintiff EEOC against defendant Dial Corporation; [Jury to return to deliberate re damages on 8/25/05] (rmj) (Entered: 08/26/2004)

TRIAL JURY INSTRUCTIONS (rmj) (Entered: 08/26/2004)

JURY QUESTION NO. 2 re interrogatories on verdict form AND ANSWER FROM COURT (rmj) (Entered: 08/26/2004)

JURY QUESTION NO. 1 re video AND ANSWER FROM THE COURT (rmj) (Entered: 08/26/2004)

CLERK'S COURT MINUTES: Sixth day of jury trial; Verdict rendered by jury; Verdict in favor of Plf, Jury excused to return 8/25/04 @ 9:00; courtroom clerk: Shirley Dooley; court reporter: Jackie Sinnott (rmj) (Entered: 08/24/2004)

CLERK'S COURT MINUTES: Fifth day of jury trial; jury instructions, final arguments, Jury commences deliberations; courtroom clerk: Pat Bridges; court reporter: Jackie Sinnott (rmj) Modified on 08/23/2004 (Entered: 08/23/2004)

Proposed AMENDMENT by defendant to [53-1] to proposed jury instructions (rmj) Modified on 08/20/2004 (Entered: 08/20/2004)

CLERK'S COURT MINUTES: Fourth day of jury trial, Dft rests, Plf presents rebuttal evidence, Plf rests. Courtroom clerk: Pat Bridges; court reporter: Jackie Sinnott; (rmj) (Entered: 08/20/2004)

CLERK'S COURT MINUTES: Third day of jury trial, Plf rests, Dft begins its evidence; courtroom clerk: Pat Bridges; court reporter: Jackie Sinnott (rmj) (Entered: 08/19/2004)

CLERK'S COURT MINUTES: Second day of jury trial; Plf continues with its evidence; courtroom clerk: Pat Bridges; court reporter: Jackie Sinnott; (rmj) (Entered: 08/18/2004)

JURY CHALLENGE SHEET (rmj) (Entered: 08/18/2004)

MOTION by defendant to withdraw attorney and ORDER granting motion [67-1] attorney John A Kuhl for Dial Corporation termed /s/ JRR, Clerk (cc: all counsel) (rmj) (Entered: 08/17/2004)

CLERK'S COURT MINUTES: courtroom clerk: Pat Bridges; court reporter: Jackie Sinnott; Day One of jury trial, Plf presents evidence (rmj) (Entered: 08/17/2004)

ORDER by Judge Ronald E. Longstaff denying Dft's motion to dismiss claims for compensatory and punitive damages [54-1], denying in part and granting in part Dft's motion in limine to bar witnesses [51-1] Telephone Hearing HELD (cc: all counsel) (rmj) (Entered: 08/13/2004)

ATTORNEY APPEARANCE for defendant Dial Corporation by Kevin Driscoll (fm) (Entered: 08/10/2004)

REPLY by defendant re [51-1] motion in limine to bar witnesses before Judge Ronald E. Longstaff (rmj) (Entered: 08/09/2004)

REPLY by defendant re [54-1] motion to dismiss claims for compensatory and punitive damages before Judge Ronald E. Longstaff (rmj) (Entered: 08/09/2004)

ORDER by Judge Ronald E. Longstaff re [54-1] [51-1]; All pending motions shall come on for telephonic hearing; The Court will address remaining procedural issues at that time Telephone Hearing 8/11/04 @ 9:30 (cc: all counsel) (rmj) (Entered: 08/06/2004)

RESISTANCE by plaintiff to motion to dismiss claims for compensatory and punitive damages before Judge Ronald E. Longstaff [54-1] (rmj) (Entered: 08/05/2004)

RESISTANCE by plaintiff to motion in limine to bar witnesses before Judge Ronald E. Longstaff [51-1] (rmj) (Entered: 08/05/2004)

ORDER ON FINAL PRETRIAL CONFERENCE by Magistrate Judge Ross A. Walters re [56-2] order; trial issues addressed [See order] (cc: all counsel) (rmj) Modified on 08/05/2004 (Entered: 08/05/2004)

ORDER FOLLOWING FINAL PRETRIAL CONFERENCE by Magistrate Judge Ross A. Walters The amended Proposed Final Pretrial Order has been approved and will be filed separately Trial scheduled 8/16/04 in DSM [See Order] (cc: all counsel) (rmj) (Entered: 08/04/2004)

MEMORANDUM by defendant in support [54-1] of motion to dismiss claims for compensatory and punitive damages before Judge Ronald E. Longstaff (rmj) (Entered: 08/03/2004)

MOTION by defendant to dismiss claims for compensatory and punitive damages before Judge Ronald E. Longstaff (rmj) (Entered: 08/03/2004)

PROPOSED JURY INSTRUCTIONS submitted by defendant Dial Corporation (bp) (Entered: 08/02/2004)

TRIAL briefs submitted by defendant Dial Corporation (bp) (Entered: 08/02/2004)

MOTION by defendant Dial Corporation in limine to bar witnesses before Judge Ronald E. Longstaff (bp) (Entered: 08/02/2004)

PROPOSED VOIR DIRE submitted by defendant Dial Corporation (bp) (Entered: 08/02/2004)

ORDER granting motion for attorney Camille A Olson, Chicago, IL to appear pro hac vice /s/ Clerk [48-1] (cc: all counsel) (rmj) (Entered: 07/27/2004)

ORDER by Judge Ronald E. Longstaff denying motion to strike portions of Dft's Appendix of Exhibits in Support of its Opposition to Plf's Motion for Partial Summary Judgment [24-1] [39-1], denying motion for partial summary judgment [21-1], denying motion for partial summary judgment [18-1] see order for specs. (cc: all counsel) (bp) (Entered: 07/21/2004)

ORDER CONTINUING STATUS CONFERENCE TIME by Magistrate Judge Ross A. Walters re [45-2] order Status hearing (MAG) 7/1/04 @ 1:30; Said call to be placed by plf's counsel (cc: all counsel) (rmj) (Entered: 06/30/2004)

ORDER by Magistrate Judge Ross A. Walters; final pretrial conference is continued until August 3, 2004 at 9:00am. Call to be placed by counsel for plaintiff. The Court will conduct a status conference on July 1, 2004 at 11:00am by telephone call to be placed by counsel for plaintiff. see order for specs. ; Final pretrial cnf (MAG) 08/03/04 at 9:00am ; Status hearing (MAG) 07/01/04 at 11:00am (cc: all counsel) (bp) (Entered: 06/25/2004)

DECLARATION by plaintiff of Jean P. Kamp [43-1] re reply (rmj) (Entered: 06/04/2004)

REPLY by plaintiff re [41-1] its Motion to Strike portions of Dft's Appendix of Exhibits re Motion for Partial Summary Judgment [24-1] (rmj) (Entered: 06/04/2004)

DECLARATION of Wilda Lampe by defendant Dial Corporation (bp) (Entered: 05/27/2004)

RESISTANCE/RESPONSE by defendant Dial Corporation to motion to strike portions of Dft's Appendix of Exhibits in Support of its Opposition to Plf's Motion for Partial Summary Judgment [24-1] before Judge Ronald E. Longstaff [39-1] (bp) (Entered: 05/27/2004)

MEMORANDUM by plaintiff EEOC in support [39-1] of motion to strike portions of Dft's Appendix of Exhibits in Support of its Opposition to Plf's Motion for Partial Summary Judgment [24-1] before Judge Ronald E. Longstaff (rmj) (Entered: 05/13/2004)

MOTION by plaintiff EEOC to strike portions of Dft's Appendix of Exhibits in Support of its Opposition to Plf's Motion for Partial Summary Judgment [24-1] before Judge Ronald E. Longstaff (rmj) (Entered: 05/13/2004)

REPLY by plaintiff EEOC re [34-1] Dft's Response to Statement of Material Facts (rmj) (Entered: 05/13/2004)

STATEMENT-TABLE OF CONTENTS AND DECLARATION OF JEAN P. KAMP by plaintiff EEOC [18-1] in support of motion for partial summary judgment before Judge Ronald E. Longstaff (rmj) (Entered: 05/13/2004)

REPLY MEMORANDUM by plaintiff EEOC re [18-1] motion for partial summary judgment before Judge Ronald E. Longstaff (rmj) (Entered: 05/13/2004)