Case: EEOC v. Dupont

EEOC v. E.I. Du Pont De Nemours & Co.

EEOC v. E.I. Du Pont De Nemours

EEOC v. E.I. Dupnt De Nemours & Co.

EEOC v. DuPont

No Court

EEOC v. E.I. Du Pont De Nemours & Co.

EEOC v. E.I. Du Pont De Nemours & Co.

EEOC v. DuPont

No Court

EEOC v. E.I. Du Pont De Nemours & Co.

U.S. Court of Appeals for the Fifth Circuit

EEOC v. DuPont

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

Automatic Referral (Utility Event) to Magistrate Judge Karen W. Roby (lg) (Entered: 06/06/2003)

COMPLAINT; 1 summons(es) issued (lg) (Entered: 06/06/2003)

Motion by plaintiff EEOC and ORDER for appearance of Michelle T. Butler as additional counsel for same by Judge Sarah S. Vance Date Signed: 7/14/03 (bc) (Entered: 07/14/2003)

Motion by defendant EI Du Pont and ORDER extending time to answer pla's complaint until 08/25/03 by Judge Sarah S. Vance Date Signed: 08/06/03 (dmg) (Entered: 08/06/2003)

ANSWER by defendant EI Du Pont to complaint by plaintiff EEOC [1-1] (bc) (Entered: 08/25/2003)

NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 10:00 10/16/03 by Clerk (bc) (Entered: 08/27/2003)

Preliminary Conference Notice the Preliminary Conference set for 10/16/03 is continued w/o date 10:00 10/16/03 by Clerk (dmg) (Entered: 09/04/2003)

MINUTE ENTRY (09/04/03) Preliminary Conference is set for 9:30 9/23/03 in chambers by Magistrate Judge Karen W. Roby (dmg) (Entered: 09/04/2003)

MINUTE ENTRY ( 9/12/03 ) the Mag Judge has been notified that all ptys have not consented to proceed to trial bfr Mag pursuant to 28:636(c); therefore, the Rule 16 Scheduling Conference sched for 9:30 9/23/03 is CANCELED by Magistrate Judge Karen W. Roby (bc) (Entered: 09/15/2003)

Statement of Corporate Disclosure filed by defendant EI Du Pont (bc) (Entered: 10/15/2003)

NOTICE/ORDER that a preliminary conference is scheduled by telephone before courtroom deputy at 10:45 11/20/03 by Clerk (bc) (Entered: 10/15/2003)

MINUTE ENTRY ( 11/3/03 ) ORDERED that the referral of this matter to Magistrate Judge Karen W. Roby pursuant to Local Rule 73.2E is withdrawn by Judge Sarah S. Vance (ca) (Entered: 11/04/2003)

NOTICE/ORDER that the preliminary conference set for 11/20/03 is CONT & RESET to be held by telephone before courtroom deputy at 10:30 12/18/03 by Clerk (bc) (Entered: 11/18/2003)

MINUTE ENTRY ( 12/18/03): Preliminary Conference held; amendments due 1/19/04 ; pretrial conf set 2:30 10/7/04 ; jury trial set 8:30 10/18/04 ; by Clerk for Judge Sarah S. Vance (bc) (Entered: 12/18/2003)

MINUTE ENTRY (2/20/04): a settlement conference is scheduled before magistrate at 2:00 9/17/04; settlement letters due 2 days before conf by Magistrate Judge Karen W. Roby (dmg) (Entered: 02/23/2004)

MOTION by dft EI Du Pont for protective order & for exp hearing and ORDER the request for exp relief is denied; motion referred to Magistrate Judge Karen W. Roby to be heard before Mag Judge at 11:00 8/11/04 WITH ORAL ARGUMENT (ca) (Entered: 07/26/2004)

MINUTE ENTRY ( 8/2/04 ) dft's motion for protective order & for exp hearing [15-1] is CONTINUED to 11:00 8/18/04 with oral argument by Magistrate Judge Karen W. Roby (lg) (Entered: 08/02/2004)

MOTION by defendant EI Du Pont for protective order & request for expedited hrg DENIED - said mtn referred to Magistrate Judge Karen W. Roby to be heard before Mag Judge at 11:00 9/8/04 w/oral argument (bc) (Entered: 08/13/2004)

Witness & Exhibit lists by plaintiff EEOC (bc) (Entered: 08/09/2004)

Exhibit list by defendant EI Du Pont (bc) (Entered: 08/10/2004)

Witness list submitted by defendant EI Du Pont (bc) (Entered: 08/10/2004)

MINUTE ENTRY ( 8/13/04 ) denying as moot the dft's motion for protective order & for exp hearing [15-1] by Magistrate Judge Karen W. Roby (bc) (Entered: 08/16/2004)

MOTION by plaintiff EEOC in limine to exclude testimony of dft's expert witnesses to be heard before Judge at 10:00 9/1/04 (bc) (Entered: 08/18/2004)

MOTION by plaintiff EEOC for partial summary judgment on the issue of liability to be heard before Judge at 10:00 9/1/04 (bc) (Entered: 08/18/2004)

MOTION by defendant EI Du Pont to extend cutoff dates to be heard before Judge at 10:00 9/1/04 (bc) (Entered: 08/18/2004)

MINUTE ENTRY ( 8/19/04 ): the settlement conference sched for 9/17/04 is RESET before magistrate for 9:00 9/29/04 ; settlement letters due by 9/27/04 by Magistrate Judge Karen W. Roby (bc) (Entered: 08/20/2004)

Motion by plaintiff EEOC and ORDER that the hrg on dft's motion for protective order [20-1] is CONTINUED to 11:00 9/15/04 w/oral argument by Magistrate Judge Karen W. Roby Date Signed: 8/24/04 (plh) (Entered: 08/25/2004)

Motion by defendant EI Du Pont and ORDER setting EEOC's mtn for partial summary judgment on the issue of liability [23-1] & EEOC's mtn in limine to exclude testimony of dft's expert witnesses [22-1] for 10:00 9/22/04 w/oral argument by Judge Sarah S. Vance (bc) (Entered: 08/30/2004)

Memo in opposition by plaintiff EEOC to motion to extend cutoff dates [24-1] filed by defendant EI Du Pont (plh) (Entered: 08/24/2004)

Memo in opposition by defendant EI Du Pont to motion in limine to exclude testimony of dft's expert witnesses [22-1] filed by plaintiff EEOC (plh) (Entered: 08/25/2004)

Request/Statement for Oral Argument by defendant EI Du Pont regarding motion for partial summary judgment on the issue of liability [23-1], motion in limine to exclude testimony of dft's expert witnesses [22-1] by plaintiff EEOC (plh) (Entered: 08/25/2004)

Memo in opposition by defendant EI Du Pont to motion for partial summary judgment on the issue of liability [23-1] filed by plaintiff EEOC (plh) (Entered: 08/25/2004)

Motion by plaintiff EEOC and ORDER for leave to file their reply memo in response to dft's opp to their mtn for partial sum jgm by Judge Sarah S. Vance Date Signed: 9/9/04 (bc) (Entered: 09/09/2004)

Memo in opposition by plaintiff EEOC to motion for protective order [20-1] seeking to prevent the depo of Charles Holliday & James Borel filed by defendant EI Du Pont (bc) (Entered: 09/02/2004)

Motion by defendant EI Du Pont and ORDER for leave to file mtn for sum jgm out of time by Judge Sarah S. Vance Date Signed: 9/9/04 (bc) (Entered: 09/09/2004)

Request for Oral Argument by defendant EI Du Pont regarding their mtn for sum jgm (bc) (Entered: 09/09/2004)

MOTION by defendant EI Du Pont for summary judgment to be heard before Judge at 10:00 9/22/04 (bc) (Entered: 09/09/2004)

Reply by plaintiff EEOC to dft's response to their motion for partial summary judgment on the issue of liability [23-1] (bc) (Entered: 09/09/2004)

MINUTE ENTRY ( 9/7/04 ) ORDERED that the req [34-1] by DuPont for oral argument on its motion for summary judgment [35-1] is GRANTED; oral argument is set for 10:00 9/22/04; memo in opp due 9/14/04 by Judge Sarah S. Vance (bc) (Entered: 09/09/2004)

MINUTE ENTRY ( 9/7/04 ) ORDERED that dft's motion to extend cutoff dates [24-1] is DENIED by Judge Sarah S. Vance (bc) (Entered: 09/09/2004)

Motion by plaintiff EEOC and ORDER that the hrg on dft's motion for summary judgment [35-1] is continued to 10:00 10/6/04; FURTHER ORDERED that pla's opp to dft's mtn for sum jgm is due 9/28/04 by Judge Sarah S. Vance (plh) (Entered: 09/13/2004)

Motion by plaintiff EEOC and ORDERED that hrg of dft's motion for protective order [20-1] is CONT to 11:00 9/22/04 w/oral argument by Magistrate Judge Karen W. Roby (bc) (Entered: 09/17/2004)

MINUTE ENTRY ( 9/24/04 ) granting dft EI Du Pont's motion for protective order [20-1] by Magistrate Judge Karen W. Roby (bc) (Entered: 09/27/2004)

Memo in opposition by plaintiff EEOC to motion for summary judgment [35-1] filed by defendant EI Du Pont (bc) (Entered: 09/28/2004)

MINUTE ENTRY ( 9/29/04 ) settlement conf held this date; ORDERED that another settlement conf is set bfr Mag Judge Roby for 3:00 10/15/04; CLIENTS ARE ORDERED TO ATTEND; position papers due on or bfr 10/13/04 by Magistrate Judge Karen W. Roby (bc) (Entered: 09/29/2004)

Motion by defendant EI Du Pont and ORDER for leave to file its suppl memo in opp to EEOC's mtn for partial sum jgm by Judge Sarah S. Vance Date Signed: 10/8/04 (bc) (Entered: 10/08/2004)

Motion by defendant EI Du Pont and ORDER for leave to file reply memo in support of its mtn for sum jgm by Judge Sarah S. Vance Date Signed: 10/8/04 (bc) (Entered: 10/08/2004)

SMOOTH MINUTES: Reported/Recorded by Toni Tusa; hrg held; Dupont's motion for summary judgment [35-1] is DENIED; EEOC's motion for partial summary judgment on the issue of liability [23-1] & their motion in limine to exclude testimony of dft's expert witnesses [22-1] is taken under submission; court adjourned by Judge Sarah S. Vance (dmg) (Entered: 10/07/2004)

ORDER & REASONS: pla's motion in limine to exclude testimony of dft's expert witnesses [22-1] is GRANTED by Judge Sarah S. Vance (dmg) (Entered: 10/07/2004)

MINUTE ENTRY ( 10/7/04 ) Pre-Trial Conference held 10/7/04; jury trial shall commence 10/18/04 at 8:30; other trial preparation & deadlines as set forth herein by Judge Sarah S. Vance (bc) (Entered: 10/08/2004)

Supplemental memorandum by defendant EI Du Pont in opp to EEOC's [23-1] motion for partial summary judgment on the issue of liability (bc) (Entered: 10/08/2004)

Reply Memorandum by defendant EI Du Pont in support of [35-1] its motion for summary judgment (bc) (Entered: 10/08/2004)

MINUTE ENTRY ( 10/12/04 ) counsel for DuPont brought to the Court's attention Mag Judge Roby's order for ptys to appear for settlement conf 10/15/04 at 3:00; ptys are to abide by Judge Roby's order unless Judge Roby instructs them otherwise by Judge Sarah S. Vance (bc) (Entered: 10/13/2004)

Memo of Law addressing the distinction between essential job functions & qualifications standards filed by plaintiff EEOC (bc) (Entered: 10/13/2004)

Memorandum by plaintiff EEOC in opposition to dft's mtn in limine re ADA accessibility guidelines (bc) (Entered: 10/13/2004)

Memorandum by plaintiff EEOC in opposition to dft's mtn in limine re EEOC's proposed Exhibit 552 from the official website of the US Census Bureau (bc) (Entered: 10/13/2004)

Memorandum by plaintiff EEOC in opposition to dft's mtn in limine re sexual harassment (bc) (Entered: 10/13/2004)

Memorandum by plaintiff EEOC in opposition to dft's mtn in limine seeking to exclude evidence that Laura Barrios successfully walked evacuation route (bc) (Entered: 10/13/2004)

ORDER & REASONS bfr the court are cross-mtns for sum jgm; the court GRANTS in part & DENIES in part EEOC's mtn [23-1] and DENIES DuPont's mtn as stated herein by Judge Sarah S. Vance (bc) (Entered: 10/15/2004)

ORDER & REASONS: dft EI Du Pont moves the court in limine to exclude pla EEOC's proposed Exhibit 552; for reasons herein, the Court denies DuPont's mtn by Judge Sarah S. Vance (bc) (Entered: 10/18/2004)

SMOOTH MINUTES: Reported/Recorded by Karen Ibos; jury trial held 8:30 10/18/04; jury sworn on voir dire; witnesses sequestered; exhibits admitted; witnesses sworn & testified; oral mtn by EEOC regarding mtn in limine - DENIED; court adjourned to reconvene at 9:00 10/19/04 by Judge Sarah S. Vance (dmg) (Entered: 10/21/2004)

ORDER & REASONS: dft EI Du Pont moves the court to exclude allegations of sexual harassment, evidence re ADA Accessibility Guidelines & evidence that Laura Barrios walked an evacuation route in 12/03; pla EEOC opposes the mtns; for reasons herein, the court GRANTS in part & DENIES in part DuPont's mtn & overrules the EEOC's obj by Judge Sarah S. Vance (bc) (Entered: 10/18/2004)

MINUTE ENTRY ( 10/18/04 ) the EEOC moves the court to deem as established specifications of fact made by the court in its 10/15/04 order & reasons, to read them to the jury on the record, & to instruct the jury that it shall take the court's specifications as proved, the EEOC also moves the court to supplement the jury instructions to charge that Laura Barrios is disabled under the ADA; for reasons stated herein, the Court denies the mtns by Judge Sarah S. Vance (bc) (Entered: 10/18/2004)

MOTION by plaintiff EEOC pursuant to Rule 56(d) of FRCP re establishment of facts & according conduct of the trial to be heard before Judge (see Doc #61) (bc) (Entered: 10/19/2004)

SMOOTH MINUTES: Reported/Recorded by Karen Ibos; jury trial cont fron 10/18/04; witnesses sworn & testified; mtn by dft for jgm as matter of law regarding front pay & failure to mitigate - both DENIED; exhibits admitted; court adjourned to reconvene 9:00 10/20/04 by Judge Sarah S. Vance (dmg) (Entered: 10/21/2004)

MOTION by plaintiff EEOC to approve suppl jury instruction based on 10/15/04 order & reasons to be heard before Judge (see Doc#61) (bc) (Entered: 10/19/2004)

MOTION by defendant EI Du Pont in limine re allegations of sexual harassment to be heard before Judge (see Doc#60) (bc) (Entered: 10/19/2004)

MOTION by defendant EI Du Pont in limine re ADA accessibility guidelines to be heard before Judge (see Doc#60) (bc) (Entered: 10/19/2004)

MOTION by defendant EI Du Pont in limine re Laura Barrios alleged ability to walk one evacuation route in 12/03 to be heard before Judge (see Doc#60) (bc) (Entered: 10/19/2004)

MOTION by defendant EI Du Pont in limine re pla's exhibit #552 to be heard before Judge (see Doc#59) (bc) (Entered: 10/19/2004)

Memorandum by plaintiff EEOC of obj re exhibits listed by dft (see Doc#59) (bc) (Entered: 10/19/2004)

Response by defendant EI Du Pont to EEOC's obj to exhibits of dft EI Du Pont (see Doc#59) (bc) (Entered: 10/19/2004)

PRE-TRIAL UNSIGNED ORDER; PTC held; jury trial set 8:30 10/18/04 (bc) (Entered: 10/19/2004)

MINUTE ENTRY ( 10/15/04 ) Settlement conference held this date by Magistrate Judge Karen W. Roby (bc) (Entered: 10/19/2004)

ORDERED that the clerk pay Sweet Olive Cafe the sum of $89.11 for meals for the jury in this matter on 10/20/04 by Judge Sarah S. Vance (bc) (Entered: 10/20/2004)

SMOOTH MINUTES: Reported/Recorded by Karen Ibos; jury trial cont from 10/19/04; witnesses sworn & testified; jury charged; pla's mtn for directed verdict - DENIED; dft's reurged mtn for directed verdict - DENIED; jury returns with a verdict & verdict made jgm of the court; counsel to submit jgm in accordance with verdict w/in 10 days; court adjourned by Judge Sarah S. Vance (dmg) (Entered: 10/21/2004)

Jury charges read to the jury on 10/20/04 (dmg) (Entered: 10/21/2004)

Witness list submitted by defendant EI Du Pont (bc) (Entered: 10/22/2004)

Exhibit list by defendant EI Du Pont (bc) (Entered: 10/22/2004)

Final Exhibit list by plaintiff EEOC (bc) (Entered: 10/22/2004)

Final Witness list submitted by plaintiff EEOC (bc) (Entered: 10/22/2004)

Memorandum by defendant EI Du Pont regarding essential functions & qualifications standards (bc) (Entered: 10/22/2004)

Pre-Trial Memorandum by defendant EI Du Pont (bc) (Entered: 10/22/2004)

Voir Dire questions on behalf of defendant EI Du Pont (bc) (Entered: 10/22/2004)

Proposed voir dire question for the Jury by plaintiff EEOC (bc) (Entered: 10/22/2004)

Jury charges proposed by defendant EI Du Pont (bc) (Entered: 10/22/2004)

Jury interrogatories proposed by defendant EI Du Pont (bc) (Entered: 10/22/2004)

Jury interrogatories proposed by plaintiff EEOC (bc) (Entered: 10/22/2004)

Proposed Jury instructions by plaintiff EEOC (bc) (Entered: 10/22/2004)

MINUTE ENTRY ( 11/10/04 ) the EEOC has submitted a proposed jgm as stated herein; the court orders the ptys to brief whether the equitable relief that the EEOC has req is proper by Judge Sarah S. Vance (bc) (Entered: 11/10/2004)

Memorandum by plaintiff EEOC per court order [89-1] re appropriateness of inclusion in final jgm of injunctive relief in the form of ordered training (bc) (Entered: 11/18/2004)

Memorandum by defendant EI Du Pont regarding the proposed equitable relief of training on behalf of Dupont (bc) (Entered: 11/22/2004)

ORDER& REASONS that the Court declines to impose the EEOC's requested equitable relief; the court orders the EEOC to submit a proposed jgm consistent w/this order by Judge Sarah S. Vance Date Signed: 1/3/05 (bc) (Entered: 01/04/2005)

Court-ordered submission by plaintiff EEOC of proposed judgment (dmg) (Entered: 01/31/2005)

JUDGMENT: in favor of pla, EEOC & agst dft, EI DuPont; DuPont is liable to Laura Barrios for back pay in the amount of $91,000, front pay in the amount of $200,000 and punitive damages in the amount of $300,000; EEOC claim for emotional/mental damage is dismissed w/prej; DuPont shall pay the EEOC reasonable costs & EEOC's prayer for inj relief is denied by Judge Sarah S. Vance (CASE CLOSED) (dmg) (Entered: 01/31/2005)

Motion by defendant EI Du Pont for stay of proceedings pending disposition of post-trial mtns & to waive supersedeas bond, or in the alter, to set supersedeas bond and ORDERED that the execution of the 1/31/05 jgm is stayed pending final disposition of post-trial mtns & ORDERED that the requirement of a supersedeas bond be waived pending final disposition of post-trial mtns by Judge Sarah S. Vance Date Signed: 2/11/05 (bc) (Entered: 02/15/2005)

MOTION by defendant EI Du Pont for jgm as matter of law, alternatively for new trial, amend or alter jgm to be heard before Judge at 10:00 3/2/05 (dmg) (Entered: 02/14/2005)

Request/Statement for Oral Argument by defendant EI Du Pont regarding their motion for jgm as matter of law, alternatively for new trial, amend or alter jgm [95-1] (dmg) (Entered: 02/14/2005)

ORDER denying as unnecessary dft's req for oral argument [96-1] on its renewed mtn for jgm as a matter of law & alter, for new trial or alter, mtn to amd or alter jgm; the mtn is considered submitted as of 3/2/05 by Judge Sarah S. Vance Date Signed: 2/16/05 (bc) (Entered: 02/17/2005)

Motion by plaintiff EEOC and ORDER setting dft's motion for jgm as matter of law, alternatively for new trial, amend or alter jgm [95-1] for hrg at 10:00 3/30/05 W/ORAL ARGUMENT by Judge Sarah S. Vance Date Signed: 2/17/05 (bc) (Entered: 02/18/2005)