Case: EEOC v. LENNAR HOMES OF ARIZONA INC

EEOC v. Lennar Homes of AZ

EEOC v. Lennar Homes of Arizona

EEOC v. Lennar Homes of Arizona Inc

EEOC v. Lennar Homes of Arizona Inc

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (MRB) (Entered: 09/19/2003)

RETURN OF SERVICE EXECUTED summons/complaint upon Molly Chapman for dft Lennar Homes of AZ on 9/19/03 (SAT) (Entered: 09/26/2003)

ORDER by Judge David G. Campbell that a complaint having been filed in this civil action, it is hereby ordered: 1. As required by Rule 4(m) of the Federal Rules of Civil Procedure, Plaintiff(s) shall effect service of the Complaint and Summons on all Defendants within 120 days after the filing of the Complaint. This Initial Order shall serve as notice to the Plaintiff(s) under Rule 4(m) that the Court may dismiss this action without further notice with respect to any Defendant(s) named in the Complaint that are not served within this time period; 2. Plaintiff(s) shall notify the Court in writing when service has been accomplished on the Defendant(s) in accordance with Rule 4 and shall request that the Court set a Case Management Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure. Plaintiff(s) shall provide such notification to the Court within ten days after service of the Complaint on all Defendant(s); 3. Upon receipt of such notice, the Court will issue an Order Setting Rule 16 Case Management Conference that directs the parties to comply with Rule 26(f) of the Federal Rules of Civil Procedure and describes the Case Management Report that must be filed by the parties before the Case Management Conference (the Court requires a report that is broader than the proposed in Form 35 of the Appendix of Forms to the Federal Rules of Civil Procedure). A copy of the Court's Order Setting Rule 16 Case Management Conference can be found on the Court's website at www.azd.uscourts.gov under Judicial Officer Information and Judge Campbell; 4. As stated in Rule 26(d), the parties shall not seek discovery from any source until they have conferred as required by Rule 26(f); 5. Plaintiff(s) shall ensure that all Defendant(s) promptly receive a copy of this Order (cc: all counsel) re: order filed [3-1] (SAT) (ADI-ICMS, ). (Entered: 10/07/2003)

STIPULATION to Extend Time until 10/16/03 Within Which to File Answer to Complaint [1-1] by pla, dft [4-1] (SAT) (Entered: 10/09/2003)

ORDER by Judge David G. Campbell granting stipulation to Extend Time until 10/16/03 Within Which to File Answer to Complaint [1-1] by pla, dft [4-1] (cc: all counsel) (LAD) (ADI-ICMS, ). (Entered: 10/15/2003)

ANSWER to complaint [1-1] by dft Lennar Homes of AZ (MAP) (Entered: 10/20/2003)

DEMAND for jury trial by dft Lennar Homes of AZ (LAD) (Entered: 10/20/2003)

ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE by Judge David G. Campbell that pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for 11/14/03 at 1:30 PM ; prel scheduling conf set for 1:30 11/14/03 ; Clerk of the Court shall send copies of this Order to all counsel of record and to any parties appearing in propria persona (cc: all counsel) (SAT) (ADI-ICMS, ). (Entered: 10/23/2003)

MOTION (Request) that the Court set a Case Management Conference by pla [9-1] (SAT) (Entered: 10/24/2003)

Joint MOTION/Stipulation to Continue Case Management Conference (set for 11/14/03) by pla, dft [10-1] (SAT) (Entered: 10/30/2003)

ORDER by Judge David G. Campbell that the Joint Motion and Stipulation to Continue Case Management Conference [10-1] is granted; FURTHER ORDERED that the Rule 16 Case Management Conference set for 11/14/03 at 1:30 pm is reset to 12/5/03 at 11:30 am ; prel scheduling conf re-set for 11:30 12/5/03 ; FURTHER ORDERED that Plaintiff's Motion for the Court to Set a Case Management Conference [9-1], dated 10/23/03, is denied as moot. (cc: all counsel) (SAT) (ADI-ICMS, ). (Entered: 11/05/2003)

NOTICE by dft OF TAKING DEPO OF Custodian of Records for Tytan Homes on the following date(s): 12/3/03 for productions of documents (SAT) (Entered: 11/18/2003)

NOTICE by dft OF TAKING DEPO OF Custodian of Records for Ryland Homes of Arizona Inc on the following date(s): 12/3/03 for production of documents (SAT) (Entered: 11/18/2003)

NOTICE by dft OF TAKING DEPO OF Custodian of Records for New Home Experts LLC on the following date(s): 12/3/03 for production of documents (SAT) (Entered: 11/18/2003)

NOTICE by dft OF TAKING DEPO OF Custodian of Records for Centex Homes on the following date(s): 12/3/03 for production of documents (SAT) (Entered: 11/18/2003)

NOTICE by dft OF TAKING DEPO OF Custodian of Records for JAD Realty Inc/Nu-Way Realty on the following date(s): 12/3/03 for production of documents (SAT) (Entered: 11/18/2003)

NOTICE by dft OF TAKING DEPO OF Custodian of Records of SHRS Holdings Inc on the following date(s): 12/3/03 for production of documents (SAT) (Entered: 11/18/2003)

NOTICE by dft OF TAKING DEPO OF Custodian of Records for Kenyon Realty Company on the following date(s): 12/3/03 for production ot documents (SAT) (Entered: 11/18/2003)

NOTICE by dft OF TAKING DEPO OF Custodian of Records for Springfield Realty Corporation on the following date(s): 12/3/03 for production of documents (SAT) (Entered: 11/18/2003)

NOTICE by dft OF TAKING DEPO OF Custodian of Records for Jackson Properties Inc on the following date(s): 12/3/03 for production of documents (SAT) (Entered: 11/18/2003)

STIPULATION to permit the scheduling and taking of 3rd party depositions prior to the case management conference by pla EEOC, dft Lennar Homes of AZ (LAD) (Entered: 11/21/2003)

CASE MGT REPORT by pla, dft (SAT) (Entered: 12/03/2003)

MINUTE ENTRY before Judge David G. Campbell. Crt Rptr: Patricia Lyons. Appearances: Sally Shanley for pla; Arthur Pederson for dft. Preliminary scheduling conference held. Dispositive motions due 2/25/05. Order to follow. [cc: DGC] [23-2] (LMR) (Entered: 12/05/2003)

SCHEDULING ORDER (Case Management Order) by Judge David G. Campbell ; discovery due 10/29/04 ; dispositive motions due 2/25/05 (cc: all counsel) re: order (scheduling) [24-1] (SAT) (ADI-ICMS, ). (Entered: 12/11/2003)

NOTICE of service of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LSP) (Entered: 12/30/2003)

NOTICE of service of initial disclosure statement pursuant to FRCivP 26(a) by dft Lennar Homes of AZ (LSP) (Entered: 12/31/2003)

NOTICE of service of discovery by pla. (SAT) (Entered: 01/29/2004)

NOTICE of service of discovery by pla. (SAT) (Entered: 03/02/2004)

NOTICE by dft Lennar Homes of AZ OF TAKING DEPO OF Catherine ("Chris") Stoutenburgh on the following date(s): 3/30/04 at 9 am (LAD) (Entered: 03/19/2004)

NOTICE by dft Lennar Homes of AZ OF TAKING DEPO OF Joanne Rexrode on the following date(s): 3/30/04 at 1:30 pm (LAD) (Entered: 03/19/2004)

NOTICE by dft Lennar Homes of AZ OF TAKING DEPO OF Joel ("Corky") Hendrick on the following date(s): 3/31/04 at 9 am (LAD) (Entered: 03/19/2004)

NOTICE by dft Lennar Homes of AZ OF TAKING DEPO OF LeeAnn Hungate on the following date(s): 3/31/04 at 1:30 pm (LAD) (Entered: 03/19/2004)

NOTICE to the Court of Additional Class Members (Greg Leach, Charlene Sheehan) by pla (SAT) (Entered: 04/07/2004)

NOTICE by pla OF TAKING DEPO OF David Kitnick on the following date(s): 6/3/04 (SAT) (Entered: 05/24/2004)

NOTICE by pla OF TAKING DEPO OF Linda Fitzpatrick on the following date(s): 6/3/04 (SAT) (Entered: 05/24/2004)

NOTICE by pla OF TAKING Video DEPO OF James Stokey on the following date(s): 6/1/04 (SAT) (Entered: 05/24/2004)

NOTICE of Service of First Supplemental Rule 26(a)(1) Disclosure Statement by dft (SAT) (Entered: 05/28/2004)

Consolidated NOTICE of Service of Discovery and Discovery Responses by dft. (SAT) (Entered: 06/07/2004)

NOTICE by pla OF TAKING DEPO OF David M Hennessy on the following date(s): 6/23/04 (SAT) (Entered: 06/17/2004)

NOTICE of Service of First Supplemental Rule 26(A)(1) Disclosure Statement by pla (SAT) (Entered: 06/28/2004)

JOINT MOTION and Stipulation to Continue Deadline (60 days) for Good Faith Settlement Talks and Other Scheduled Deadlines by pla, dft [41-1] (SAT) (Entered: 07/29/2004)

NOTICE of Service of Second Supplemental Rule 26(A)(1) Disclosure Statement by pla (SAT) Modified on 08/02/2004 (Entered: 08/02/2004)

ORDER by Judge David G. Campbell that the Court has received a Joint Motion and Stipulation to Continue Deadline (60 days) for Good Faith Settlement Talks and Other Scheduled Deadlines by pla, dft [41-1]; IT IS HEREBY ORDERED the discovery deadlines in this case shall be adjusted as follows: ; discovery ddl re-set for 12/17/04 ; dispositive motions now due 4/1/05 (cc: all counsel) (SAT) (ADI-ICMS, ). (Entered: 08/05/2004)

JOINT STATUS REPORT by pla, dft (SAT) (Entered: 08/06/2004)

NOTICE of Service of Second Supplemental Rule 26(a)(1) Disclosure Statement by dft Lennar Homes of AZ (SAT) (Entered: 09/03/2004)

NOTICE of service of third supplemental disclosure statement pursuant to FRCivP 26(a) by dft Lennar Homes of AZ (KCS) (Entered: 10/08/2004)

MOTION (Joint and Stipulation) to Continue Deadline for Good Faith Settlement Talks (45 days) (set for 12/17/04) and Other Scheduled Deadlines by pla, dft [47-1] (second request) (SAT) (Entered: 11/12/2004)

MOTION for Partial Summary Judgment re Gregory Leach by dft [48-1] (SAT) (Entered: 11/15/2004)

Separate STATEMENT OF FACTS by dft in Support of Defendant's Motion for Partial Summary Judgment re Gregory Leach by dft [48-1] (SAT) (Entered: 11/15/2004)

NOTICE of Service of Discovery Requests to Defendant by pla. (SAT) (Entered: 11/19/2004)

NOTICE by dft OF TAKING DEPO OF Custodian of Records of Centex Homes on the following date(s): 12/3/04 (SAT) (Entered: 11/19/2004)

NOTICE by pla OF TAKING Video DEPO OF Michael Dowell on the following date(s): 12/8/04 (SAT) Modified on 11/29/2004 (Entered: 11/29/2004)

First Amended NOTICE by pla OF TAKING DEPO OF David Kitnick on the following date(s): 12/16/04 (SAT) Modified on 11/29/2004 (Entered: 11/29/2004)

MOTION (titled "Notice of Request") for Oral Argument on Defendant's Motion for Partial Summary Judgment re Gregory Leach by dft [54-1] (SAT) (Entered: 11/29/2004)

NOTICE of Service of Third Supplemental Rule 26(A)(1) Disclosure Statement by pla (SAT) (Entered: 12/02/2004)

ORDER by Judge David G. Campbell that the parties have filed a Joint Motion and Stipulation to Continue Deadline for Good Faith Settlement Talks and Other Scheduled Deadlines by pla, dft [47-1], IT IS HEREBY ORDERED: 1. The deadline for completing fact discovery shall remain 12/17/04; 2. The deadline for Plaintiff's disclosure of full and complete expert reports as required by Rule 26(a)(2)(C) of the Federal Rules of Civil Procedure shall be 2/11/05; 3. Defendant shall provide full and complete expert disclosure as required by Rule 26(a)(2)(C) no later than 3/4/05; 4. Expert depositions shall be completed no later than 3/25/05; 5. The dispositive motion deadline shall remain 4/1/05; 6. The deadline for engaging in good faith settlement talks shall be extended to 1/28/05. (cc: all counsel) (SAT) (ADI-ICMS, ). (Entered: 11/29/2004)

ORDER by Judge David G. Campbell that the parties placed a conference call to the Court on 11/24/04 and explained some of the difficulties they are having in completing the depositions of fact witnesses by the 12/17/04 deadline. Given the difficulties scheduling depositions during the holiday season and the desire of the parties to not impose unnecessarily on third-party witnesses, the Court agreed that the deadline for completing fact discovery will be extended to 1/14/05. ; discovery ddl re-set for 1/14/05 ; The Court does not anticipate further extensions to this deadline. (cc: all counsel) (SAT) (ADI-ICMS, ). (Entered: 12/02/2004)

NOTICE by pla OF TAKING DEPO OF Alan Violette on the following date(s): 12/16/04 (SAT) (Entered: 12/08/2004)

First Amended NOTICE by pla OF TAKING Video DEPO OF Michael Dowell on the following date(s): 12/8/04 (SAT) (Entered: 12/08/2004)

NOTICE by pla OF TAKING DEPO OF Carl Garoffo on the following date(s): 12/17/04 (SAT) (Entered: 12/08/2004)

NOTICE by pla OF TAKING DEPO OF Jon Jaffe on the following date(s): 12/16/04 (SAT) (Entered: 12/08/2004)

NOTICE by pla OF TAKING DEPO OF Dawn Bruchhauser on the following date(s): 12/14/04 (SAT) (Entered: 12/08/2004)

NOTICE by pla OF TAKING DEPO OF Lori Gallardo on the following date(s): 12/14/04 (SAT) (Entered: 12/08/2004)

Second Amended NOTICE by pla OF TAKING DEPO OF David Kitnick on the following date(s): 12/15/04 (SAT) (Entered: 12/08/2004)

STIPULATION (Joint) to Extend Plaintiff's Time until 1/7/05 to Respond to Defendant's Motion for Partial Summary Judgment re Gregory Leach by dft [48-1] by pla, dft (SAT) (Entered: 12/10/2004)

NOTICE of Service of Fourth Supplemental Rule 26(A)(1) Disclosure Statement by pla (SAT) (Entered: 12/10/2004)

ORDER by Judge David G. Campbell that having considered the Stipulation [65-1] of the parties, IT IS HEREBY ORDERED that Plaintiff United States Equal Employment Opportunity Commission is granted an extension of time until 1/7/05 to serve its response to Defendant Lennar Homes of Arizona Inc's Motion for Partial Summary Judgment re Gregory Leach by dft [48-1] (cc: all counsel) (SAT) (ADI-ICMS, ). (Entered: 12/15/2004)

MOTION for Partial Summary Judgment re Charlyne Sheehan by dft [68-1] (SAT) (Entered: 12/16/2004)

Separate STATEMENT OF FACTS by dft in Support of Motion for Partial Summary Judgment re Charlyne Sheehan by dft [68-1] (SAT) (Entered: 12/16/2004)

MOTION for partial summary judgment on claims of Carol Nikrant, Jacque Judge, Gordon Cameron II by dft [70-1] (DMT) (Entered: 12/21/2004)

STATEMENT OF FACTS by dft re motion for partial summary judgment on claims of Carol Nikrant, Jacque Judge, Gordon Cameron II by dft [70-1] (DMT) (Entered: 12/21/2004)

NOTICE of Service of Fifth Supplemental Rule 26 (A)(1) Disclosure Statement by pla (SAT) Modified on 12/29/2004 (Entered: 12/28/2004)

First Amended NOTICE by pla OF TAKING DEPO OF Jon Jaffe on the following date(s): 1/4/05 (SAT) (Entered: 01/03/2005)

NOTICE by pla OF TAKING CONTINUING DEPO OF David Kitnick on the following date(s): 1/5/05 (SAT) (Entered: 01/03/2005)

ORDER by Judge David G. Campbell that Plaintiffs may have until 2/11/05 to file its response to Defendant's Motion for Partial Summary Judgment re Gregory Leach by dft [48-1] ; With respect to the remaining motions for summary judgment, Motion for Partial Summary Judgment re Charlyne Sheehan by dft [68-1] and Motion for Partial Summary Judgment on claims of Carol Nikrant, Jacque Judge, Gordon Cameron II by dft [70-1], Plaintiff shall have until 4/1/05 to file responses. Reply briefs shall be filed within the time allowed under the applicable rules; See order for various discovery/case management deadlines (cc: all counsel) (SAT) (ADI-ICMS, ). (Entered: 01/10/2005)

MEMORANDUM by dft re "Late" Disclosure by Defendant of Fact Witnesses (SAT) (Entered: 01/13/2005)

MEMORANDUM by pla re Defendant's Late Disclosure of Witnesses (SAT) (Entered: 01/13/2005)

STIPULATION for Entry of Protective Order Regarding Protected Tax Information by pla, dft (SAT) (Entered: 01/13/2005)

ORDER by Judge David G. Campbell that the Court has reviewed the parties' memoranda regarding ten witnesses disclosed by Defendant on 12/21/04 (memorandum [76-1], memorandum [77-1]). The Court concludes that this was untimely disclosure, particularly given the fact that Defendant has known about these witnesses for months and that the twice-extended discovery deadline was 1/14/05. Disclosure on the eve of the Holidays clearly did not provide Plaintiff with a reasonable opportunity to depose these witnesses before the discovery cut-off date. Plaintiff asks the Court to exclude these witnesses from participating in this litigation. Although such a sanction might be warranted if the case was ready for trial or dispositive motions were imminent, the Court concludes that a preferable remedy is available. Plaintiff will be permitted to depose the ten witnesses after the discovery cut-off date of 1/14/05. These depositions shall be completed on or before 2/8/05. This Order shall not extend the discovery deadline for any other purpose. (cc: all counsel) (SAT) (ADI-ICMS, ). (Entered: 01/19/2005)

PROTECTIVE ORDER REGARDING PROTECTED TAX INFORMATION by Judge David G. Campbell pursuant to Stipulation for Entry of Protective Order Regarding Protected Tax Information by pla, dft [78-1] (cc: all counsel) (SAT) (ADI-ICMS, ). (Entered: 01/19/2005)

NOTICE by pla OF TAKING DEPO OF Cindy Fatolotis on the following date(s): 2/4/05 (SAT) (Entered: 01/31/2005)

NOTICE of Service of Sixth Supplemental Rule 26(A)(1) Disclosure Statement by pla (SAT) (Entered: 01/31/2005)

NOTICE of Service of Seventh Supplemental Rule 26(A)(1) Disclosure Statement by pla (SAT) (Entered: 02/07/2005)

NOTICE by pla OF TAKING DEPO OF Stuart Hanson on the following date(s): 2/2/05 (SAT) (Entered: 02/11/2005)

STIPULATION to Permit dft to Supplement its Statement of facts [49-1] in Support of its Motion for Partial Summary Judgment re Gregory Leach by dft [48-1] by pla EEOC, and dft Lennar Homes of AZ (NOTE: No Lodged Document Submitted) (KMG) Modified on 02/14/2005 (Entered: 02/14/2005)

NOTICE of service of discovery by pla. (SAT) (Entered: 02/15/2005)

ORDER by Judge David G. Campbell that on 3/8/05, the Court held a telephone conference with the parties. On the basis of that conference, the Court agreed that the depositions of a witness from Centex Homes may occur on 2/16/05, and that Dft may file a supplemental statement of facts in support of its previously-filed Motion for Partial Summary Judgment re Gregory Leach by dft [48-1] on or before 2/21/05. Pla does not object to either of these dates. (cc: all counsel) re: order filed [86-1] (SAT) Modified on 02/15/2005 (ADI-ICMS, ). (Entered: 02/15/2005)

ORDER by Judge David G. Campbell having considered the Stipulation to Permit dft to Supplement its Statement of facts [49-1] in Support of its Motion for Partial Summary Judgment re Gregory Leach by dft [48-1] by pla EEOC, and dft Lennar Homes of AZ, IT IS HEREBY ORDERED that on or before 2/21/05, dft Lennar Homes of Arizona Inc may supplement its Statement of Facts in support of Defendant's Motion for Partial Summary Judgment Re Gregory Leach; FURTHER ORDERED that pla Equal Employment Opportunity Commission shall have 30 days from delivery of the supplementation to the Leach MPSAJ by Lennar within which to file its response to the Leach MPSJ (cc: all counsel) (SAT) (ADI-ICMS, ). (Entered: 02/15/2005)

Supplement ans Supplemental STATEMENT OF FACTS by dft to supplement the Statement of facts [49-1] in support of Defendant's Motion for Partial Summary Judgment re Gregory Leach by dft [48-1] and supplement the Separate Statement of Facts [71-1] in support of the Motion for summary judgment on claims of Carol Nikrant, Jacque Judge, Gordon Cameron II by dft [70-1] (SAT) (Entered: 02/18/2005)

MOTION for Partial Summary Judgment re Limitation of Damages for Gregory Leach by dft [90-1] (SAT) (Entered: 02/28/2005)

STATEMENT OF FACTS by dft in Support of Defendant's Motion for Partial Summary Judgment re Limitation of Damages for Gregory Leach by dft [90-1] (SAT) (Entered: 02/28/2005)

MOTION for Partial Summary Judgment re Limitation of Damages for Certain Claimants by dft [92-1] (SAT) (Entered: 03/01/2005)

STATEMENT OF FACTS by dft in Support of Defendant's Motion for Partial Summary Judgment re Limitation of Damages for Certain Claimants by dft [92-1] (SAT) (Entered: 03/01/2005)

NOTICE of Service of Defendant's Expert Reports by dft (SAT) (Entered: 03/08/2005)

NOTICE by pla OF TAKING DEPO OF James Ward on the following date(s): 3/16/05 (SAT) (Entered: 03/15/2005)

NOTICE of Request for Oral Argument on Defendant's Motion for Partial Summary Judgment re: Limitation of Damages for Certain Claimants and on Defendant's Motion for Partial Summary Judgment re: Limitation of Damages for Gregory Leach by dft (SAT) (Entered: 03/16/2005)

NOTICE by pla OF TAKING DEPO OF Brooke H Warrick on the following date(s): 3/21/05 (SAT) (Entered: 03/18/2005)

NOTICE by pla OF TAKING DEPO OF Robert H Taylor on the following date(s): 3/23/05 (SAT) (Entered: 03/18/2005)

NOTICE by pla OF TAKING DEPO OF Lawrence S Mayer, MD, PhD on the following date(s): 3/22/05 (SAT) (Entered: 03/18/2005)

MOTION to Exceed Page Limits for doc(s) Response in Opposition to Defendant's Motion for Summary Judgment re Gregory Leach by pla [100-1] (Response not submitted) (SAT) Modified on 03/18/2005 (Entered: 03/18/2005)