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 FOR JUDGMENT. See Order for particulars. The Clerk is directed to enter judgment. Entered by Chief Judge Ronald E. Longstaff on 9/29/2005. (dsg) Modified on 9/29/2005 change code to Opinion(don, ).

2nd Supplemental JUDGMENT in favor of Equal Employment Opportunity Commission against Dial Corporation. Signed by Judge Ronald E. Longstaff on 3/30/2007. (don, ) (Entered: 03/30/2007)

CONSENT to Destroy Exhibits by attorney Deborah J. Powers for plaintiff. All of plaintiff's paper exhibits shredded this date in the clerk's office. (ljf, ) (Entered: 03/22/2007)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 173 Joint MOTION to Alter Judgment (Powers, Deborah) (Entered: 03/21/2007)

Joint MOTION to Alter Judgment by Equal Employment Opportunity Commission. Responses due by 4/9/2007 (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Powers, Deborah) (Entered: 03/21/2007)

SUPPLEMENTAL JUDGMENT in favor of Equal Employment Opportunity Commission against Dial Corporation. Signed by Judge Ronald E. Longstaff on 3/7/2007. (Attachments: # 1 Exhibit A) (don, ) (Entered: 03/07/2007)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 170 Unresisted MOTION to Alter Judgment (Powers, Deborah) (Entered: 03/07/2007)

EXHIBIT WITHDRAWAL LETTER to attorneys of record Withdrawal of Exhibits due by 3/28/2007. (Attachments: # 1 receipt) (ljf, ) (Entered: 03/07/2007)

MANDATE of USCA as to 147 Notice of Appeal filed by Dial Corporation, (gk, ) (Entered: 02/02/2007)

Courtesy Copy of Appeal Order - Order re: Costs on Appeal (gk, ) (Entered: 01/08/2007)

Courtesy Copy of Appeal Order- Opinion (mandate to issue at a later date) (gk, ) (Entered: 01/08/2007)

TRANSCRIPT of Proceedings held on 08/20/04 before Judge Ronald E. Longstaff. Court Reporter: Jackie M. Sinnott. Page No(s).: 1-62. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (don, ) (Entered: 01/27/2006)

TRANSCRIPT of Proceedings held on 02/28/05 Telephone hearing before Judge Ronald E. Longstaff. Court Reporter: Eileen Hicks. Page No(s).: 1-36. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (don, ) (Entered: 01/19/2006)

TRANSCRIPT of Proceedings held on 8/25/04 before Judge Ronald E Longstaff. Court Reporter: Theresa Kenkel. Page No(s).: 626-777 Volume VI. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (gk, ) (Entered: 01/13/2006)

TRANSCRIPT of Proceedings held on 8/20/04 before Judge Ronald E Longstaff. Court Reporter: Jackie M Sinnott. Page No(s).: 595-625 Volume V. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (gk, ) (Entered: 01/13/2006)

TRANSCRIPT of Proceedings held on 8/19/04 before Judge Ronald E Longstaff. Court Reporter: Jackie M Sinnott. Page No(s).: 494-594 Volume IV. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (gk, ) (Entered: 01/13/2006)

TRANSCRIPT of Proceedings held on 8/18/04 before Judge Ronald E Lonsgtaff. Court Reporter: Jackie M Sinnott. Page No(s).: 275-493 Volume III. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (gk, ) (Entered: 01/13/2006)

TRANSCRIPT of Proceedings held on 8/17/04 before Judge Ronald E Longstaff. Court Reporter: Jackie M Sinnott. Page No(s).: 102-274 Volume II. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (gk, ) (Entered: 01/13/2006)

TRANSCRIPT of Proceedings held on 8/16/04 before Judge Ronald E Longstaff. Court Reporter: Jackie M Sinnott. Page No(s).: 1-101 Volume I. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (gk, ) (Entered: 01/13/2006)

ORDER granting 141 motion to stay enforcement of judgment and to waive appeal bond. Entered by Chief Judge Ronald E. Longstaff on 12/21/2005. (llc, ) (Entered: 12/21/2005)

USCA Scheduling Order as to 152 Notice of Cross Appeal filed by Equal Employment Opportunity Commission,. Transcript if necessary 1/18/06 (don, ) (Entered: 12/13/2005)

USCA Case Number 05-4311 for 152 Notice of Cross Appeal filed by Equal Employment Opportunity Commission,. Main number 05-4183 (don, ) (Entered: 12/13/2005)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 152 Notice of Cross Appeal, sent electroniclly (don, ) (Entered: 12/06/2005)

*** COA BATCH RECEIPT of Notice of Appeal and related supporting documents sent on: Tue Dec 6 11:16:20 CST 2005 (don, ) (Entered: 12/06/2005)

NOTICE: Supplement for Cross-Appeal (don, ) (Entered: 12/06/2005)

CERTIFICATE OF SERVICE by Equal Employment Opportunity Commission re 152 Notice of Cross Appeal With Appeal Form A attached (Attachments: # 1 Appeal Form A)(Kamp, Jean) (Entered: 12/05/2005)

NOTICE OF CROSS APPEAL as to 137 Order by Equal Employment Opportunity Commission. (Kamp, Jean) Modified on 12/6/2005 Government filed appeal, fee waived. (don, ). (Entered: 12/05/2005)

USCA Scheduling Order as to 147 Notice of Appeal filed by Dial Corporation,. Transcrip 1/9/06 (gk, ) (Entered: 12/02/2005)

USCA Case Number 05-4183 for 147 Notice of Appeal filed by Dial Corporation,. (gk, ) (Entered: 12/02/2005)

TRANSCRIPT of Proceedings held on 8/11/04 before Judge Ronald E Longstaff. Court Reporter: Theresa Kenkel. Page No(s).: 1-31. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (gk, ) (Entered: 12/02/2005)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 147 Notice of Appeal NOA sent electronticlly. (don, ) (Entered: 11/25/2005)

*** COA BATCH RECEIPT of Notice of Appeal and related supporting documents sent on: Fri Nov 25 14:29:03 CST 2005 (don, ) (Entered: 11/25/2005)

NOTICE: NOA Supplement (don, ) (Entered: 11/25/2005)

NOTICE OF APPEAL by Dial Corporation. (Attachments: # 1 # 2 # 3)(Joensen, Thomas) (Entered: 11/23/2005)

TRANSCRIPT of Proceedings held on 09/06/05 before Judge Ronald E. Longstaff. Court Reporter: Ann Moyna. Page No(s).: 1-30. THIS DOCUMENT IS NOT A PART OF THE ELECTRONIC CASE. ORIGINAL IS LOCATED IN THE CLERK'S OFFICE. (don, ) (Entered: 11/17/2005)

STIPULATION Concerning Plaintiff's Bill of Costs and Stay of Execution of Those Costs by Dial Corporation. (Joensen, Thomas) (Entered: 11/02/2005)

BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO STAY ENFORCEMENT OF JUDGMENT AND TO WAIVE APPEAL BOND . (Tyndall, Brian) (Entered: 10/31/2005)

MOTIONS REFERRAL - NO DOCUMENT - 141 MOTION to Stay Execution and Waive Appeal Bond REFERRED to Judge Ronald E. Longstaff. (don, ) (Entered: 10/14/2005)

MOTION to Stay Execution and Waive Appeal Bond by Dial Corporation. Responses due by 10/31/2005 (Attachments: # 1 # 2 # 3 # 4)(Joensen, Thomas) (Entered: 10/13/2005)

BILL OF COSTS by Equal Employment Opportunity Commission. Deadline for Objections to Bill of Costs set for 10/31/2005. (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7)(Tyndall, Brian) (Entered: 10/12/2005)

JUDGMENT in favor of Plaintiff against Defendant . Entered by Marjorie Krahn, Clerk on 9/29/2005. (don, ) (Entered: 09/29/2005)

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)