Case: EEOC v. SWP INC (d/b/a SUPERIOR WOOD PRODUCTS)

EEOC v. SWP Inc

EEOC v. SWP, Inc.

EEOC v. SWP Inc

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT ( Number of Summon(es) issued: 1 ) Jury demand by: plaintiff (mjk) (Entered: 11/04/1998)

ATTORNEY APPEARANCE for defendant SWP, Inc. by Robert T Sanders III, David G Thomas (mjk) (Entered: 11/23/1998)

RETURN OF SERVICE executed upon defendant SWP, Inc. on 11/16/98 (mjk) (Entered: 11/24/1998)

ANSWER by defendant SWP, Inc. to complaint [1-1] (mjk) (Entered: 12/07/1998)

ORDER ON SCHEDULING CONFERENCE by Judge Robert L. Miller Jr.: discovery plan ddl 2/22/99 (cc: all counsel) (mjk) (Entered: 01/25/1999)

ORDER by Judge Robert L. Miller Jr. Case referred to Mag Judge Robin D. Pierce to enter a scheduling order and for disposition of discovery matters (cc: all counsel, with magistrate consent forms) (mjk) (Entered: 01/25/1999)

ORDER by Mag Judge Robin D. Pierce: Rule 16(b) conference 10:00 am (South Bend time), 3/9/99 before Mag Judge Robin D. Pierce (cc: all counsel) (mjk) (Entered: 01/27/1999)

PROPOSED Discovery plan under FRCP 26 by parties. (mjk) (Entered: 02/05/1999)

SCHEDULING ORDER & MEMO of status conference held 3/9/99 by Mag Judge Robin D. Pierce: Discovery ddl set for 9/10/99; plaintiff's experts' reports ddl 5/14/99; defendant's experts' reports ddl 7/14/99; plaintiff to file any motion for leave to amend pleadings or for joinder of parties by 4/19/99; defendants' ddl to file motion for leave to mend pleadings or for joinder of parties 5/14/99; dispositive motion ddl set for 11/5/99i, fully briefed; parties to file & serve witness, exhibit & deposition excerpt lists by 10/31/99; settlement conference 1:30 pm (South Bend time), 5/21/99 before Mag Judge Robin D. Pierce (cc: all counsel) (mjk) (Entered: 03/09/1999)

ORDER by Mag Judge Robin D. Pierce: settlement conference 1:30 pm (South Bend time, 5/21/99 before Mag Judge Robin D. Pierce (cc: all counsel) (mjk) (Entered: 03/09/1999)

NOTICE by Judge Robert L. Miller Jr.: scheduling conference set to select a trial date, 1:00 pm, 7/13/99 before Judge Robert L. Miller Jr. (cc: all counsel) (mjk) (Entered: 03/12/1999)

ORDER by Judge Robert L. Miller Jr. granting motion for leave to extend deadline to file plaintiff's experts' reports by 8/13/99 [12-1] (cc: all counsel) (mjk) (Entered: 06/11/1999)

OBJECTIONS by defendant SWP, Inc. to plaintiff's motion for leave to extend deadline to file plaintiff's experts' report [12-1] (mjk) (Entered: 06/14/1999)

ATTORNEY APPEARANCE for plaintiff EEOC by Jo A Farnsworth (mjk) (Entered: 06/21/1999)

AMENDMENT by plaintiff EEOC to attorney appearance of Jo Ann Farnsworth [15-1] (mjk) (Entered: 07/06/1999)

ORDER CONCERNING PTC ENTERED by Judge Robert L. Miller Jr. (cc: all counsel) (arl) (Entered: 07/13/1999)

MEMO of S/C before Judge Robert L. Miller Jr.: scheduling conference held 7/13/99; Pre-trial order ddl set for 2/1/00 to be filed by counsel for plaintiff; Final Pretrial conference set for 1:00 2/8/00 before Judge Robert L. Miller Jr.; Jury trial (5days) set for 9:30 2/28/00 before Judge Robert L. Miller Jr. Low, crt rptr. (cc: all counsel) (arl) (Entered: 07/14/1999)

STIPULATED PROTECTIVE ORDER by Judge Robert L. Miller Jr.: confidential documents to be submitted in sealed envelope (cc: all counsel) (mjk) (Entered: 08/10/1999)

SECOND MOTION by plaintiff EEOC for leave to extend deadline to file plaintiff's experts' report (mjk) (Entered: 08/11/1999)

ORDER by Judge Robert L. Miller Jr. granting motion for leave to extend deadline to file plaintiff's experts' report to and including 9/27/99 [20-1] (cc: all counsel) (slm) (Entered: 09/09/1999)

NOTICE by plaintiff EEOC of experts' report to defendant served on 9/27/99 (slm) (Entered: 09/30/1999)

LIST OF WITNESSES, EXHIBITS & DEPOSITION EXCERPTS submitted by defendant SWP, Inc. (mjk) (Entered: 10/29/1999)

LIST of deposition excerpts submitted by plaintiff (mjk) (Entered: 10/29/1999)

FINAL WITNESS list submitted by plaintiff EEOC (smp) Modified on 11/02/1999 (Entered: 11/02/1999)

FINAL EXHIBIT list by plaintiff EEOC (smp) (Entered: 11/02/1999)

OBJECTIONS by plaintiff EEOC to defendant's exhibits [23-1] (mjk) (Entered: 11/16/1999)

ORDER by Judge Robert L. Miller Jr. VACATING [6-1] Case referred to Judge Christopher A. Nuechterlein (cc: all counsel) (slm) (Entered: 01/20/2000)

OBJECTIONS by defendant SWP, Inc. to plaintiff's expert testimony (mjk) (Entered: 01/26/2000)

PROPOSED VOIR DIRE QUESTIONS submitted by defendant SWP, Inc. (mjk) (Entered: 01/26/2000)

PROPOSED VOIR DIRE QUESTIONS submitted by plaintiff EEOC (mjk) (Entered: 01/26/2000)

PROPOSED JURY INSTRUCTIONS submitted by plaintiff EEOC (mjk) (Entered: 01/26/2000)

MOTION by plaintiff EEOC in limine (SEALED IN VAULT) (mjk) (Entered: 02/01/2000)

MEMORANDUM OF LAW by plaintiff EEOC in support of motion in limine [34-1] (SEALED IN VAULT) (mjk) (Entered: 02/01/2000)

OBJECTIONS by plaintiff EEOC to defendant's proposed voir dire questions [31-1] (mjk) (Entered: 02/01/2000)

OBJECTIONS by defendant SWP, Inc. to plaintiff's tendered instructions [33-1] (mjk) (Entered: 02/02/2000)

OBJECTIONS by defendant SWP, Inc. to plaintiff's proposed exhibits [26-1] (mjk) (Entered: 02/02/2000)

OBJECTIONS by defendant SWP, Inc. to voir dire questions [32-1] (mjk) (Entered: 02/02/2000)

MOTION by defendant SWP, Inc. in limine (mjk) (Entered: 02/02/2000)

TRIAL brief submitted by defendant SWP, Inc. (mjk) (Entered: 02/02/2000)

PROPOSED Pre-trial Order Received from plaintiff EEOC (mjk) (Entered: 02/02/2000)

NOTICE by plaintiff EEOC of submission to the court of deposition testimony of Andrew Swihart (attached) (mjk) (Entered: 02/03/2000)

MOTION by plaintiff EEOC in limine (mjk) (Entered: 02/03/2000)

MEMORANDUM by plaintiff EEOC in support of motion in limine [43-1] (mjk) (Entered: 02/03/2000)

MOTION by plaintiff EEOC to compel defendant's responses and supplementation to plaintiff's 1st and 2nd request for production (mjk) (Entered: 02/03/2000)

MEMORANDUM by plaintiff EEOC in support of motion to compel defendant's responses and supplementation to plaintiff's and 2nd request for production [45-1] (mjk) (Entered: 02/03/2000)

RESPONSE by plaintiff EEOC to defendant's objections to plaintiff's expert testimony [29-1] (mjk) (Entered: 02/03/2000)

OBJECTIONS by plaintiff EEOC to defendant's exhibits to be used at trial [26-1] (mjk) (Entered: 02/03/2000)

AFFIDAVIT of Michelle E Smith to motion in limine [43-1], to motion to compel defendant's responses and supplementation to plaintiff's 1st and 2nd request for production [45-1] (mjk) (Entered: 02/03/2000)

MOTION by plaintiff EEOC to deem admitted the performance of conditions precedent (mjk) (Entered: 02/04/2000)

MEMORANDUM by plaintiff EEOC in support of motion to deem admitted the performance of conditions precedent [51-1] (mjk) (Entered: 02/04/2000)

APPENDIX filed by plaintiff EEOC to memo in support of motion to deem admitted the performance of conditions precedent [52-1] (mjk) (Entered: 02/04/2000)

RESPONSE by plaintiff EEOC to motion in limine [40-1] (mjk) (Entered: 02/07/2000)

AFFIDAVIT of Michelle E Smith to motion response [54-1] (mjk) (Entered: 02/07/2000)

INDEX describing exhibits in support of plaintiff's motion in limine [54-1] (mjk) (Entered: 02/07/2000)

NOTICE by Judge Robert L. Miller Jr.: Final Pretrial conference reset from 2/8/00 to 2/15/00 at 1:00 pm (South Bend time) before Judge Robert L. Miller Jr. (cc: all counsel) (mjk) (Entered: 02/08/2000)

RESPONSE by defendant SWP, Inc. to motion in limine [34-1], to motion to deem admitted the performance of conditions precedent [51-1] (SEALED IN VAULT) (mjk) (Entered: 02/11/2000)

PRE-TRIAL ORDER approved by Judge Robert L. Miller Jr. (cc: all counsel) (mjk) (Entered: 02/16/2000)

ORDER by Judge Robert L. Miller Jr. referring matter to Mag J Christopher A Nuechterlein for the purpose of a settlement conference (cc: all counsel) (mjk) (Entered: 02/17/2000)

MEMO of FPTC before Judge Robert L. Miller Jr.: (1) on the EEOC's MOTION IN LIMINE [43] (a) DENIED the motion as to any and all financial records of defendant, (b) GRANTED the motion s to prior charges of discrimination filed by Martha Baldridge and Sharon Swingly but DENIED this part of the motion as to prior charges filed by any other class member, (c) GRANTED the motion sa to wage garnishment of Cheryl Minnick but DENIED this part of the motion as to any other class member, and (d) GRANTED (on the most interlocutory of bases) the motion as to defendant's exhibits R,S,T,U,V based on representations of SWP that as of this conference, SWP die not intend to use the exhibits at trial; (2) On the EEOC's Motion In Limine to be filed under seal [34]: (a) SEALED the Motion In Limine [34] and SWP's Response and Motion [58], (b) DENIED the motion insofar a it might be understood to address vulgar language, (c) DENIED the motion insofar as it might be understood to address provocative postcards and (d) GRANTED the motion (agin, on an interlocutory basis) as to information regarding the sexual relationship bewteen a male employee and a member of the class based on representations of the parties that did not intend to inquire about the relationship; (3) on SWP's Motion In Limine [40] the court (a) DENIED the motion with respect to findings, judgments, conclusions or final orders made unemployment benefits, (b) DENIED the motion with respect to opinion evidence offered by the EEOC expert Vincent A. Thomas, (c) DENIED the motion with respect to compromise settlement offers, (d) DENIED the motion with respect to monetary claims of class member, and (e) GRANTED the motion with respect to EEOC determination; (4) OVERRULLED SWP's objections to plaintiff's expert testimony [29]; (5) GRANTED the EEOC's motion to compel [45] and ordered SWP to produce its 1999 year-end financial information to counsel for the EEOC as soon as possible; (6) DENIED AS MOOT the EEOC's Motion to Deem Admitted Performance of Conditions Precedent [51]; The parties agreed that Ms. Minnick and Ms. Lester complied with all necessary conditions precedent; Final Pretrial conference held 2/15/00 Low, crt rptr. (cc: all counsel ) (arl) (Entered: 02/17/2000)

ORDER by Mag J Christopher A. Nuechterlein for settlement conference 2/25/00 at 1:30 pm (South Bend time) before Mag J Christopher A. Nuechterlein (cc: all counsel) (mjk) (Entered: 02/22/2000)

SETTLEMENT CONFERENCE HELD: before Christopher A. Nuechterlein (Tape #00013N) (slm) (Entered: 02/25/2000)

STIPULATION of parties to number of employees at defendant's facility (mjk) (Entered: 02/28/2000)

PROPOSED VOIR DIRE submitted by the court (arl) (Entered: 02/29/2000)

PRELIMINARY INSTRUCTIONS submitted by the court (arl) (Entered: 02/29/2000)

Writ of Habeas Corpus Ad Testificandum as to witness Bobbie Carbajal by Judge Robert L. Miller Jr. (cc: USM/SB ) (arl) (Entered: 02/29/2000)

JURY TRIAL 1s day held 2/28/00 before Judge Robert L. Miller Jr.: Parties present; Prospective jurors present and sworn on voir dire; Jury panel selected and sworn to try cause; Plaintiff orally moves for separation of witnesses - GRANTED; Opening statements presented; Plaintiff presents evidence; Donna Noe, Cheryl Minnick and Bobbie Carbajal - witnesses; Plaintiff does not rest; Jury trial continued to 9:30 2/29/00 before Judge Robert L. Miller Jr. Low, crt rptr. (arl) (Entered: 02/29/2000)

MOTION by defendant SWP, Inc. for judgment as a matter of law (mjk) (Entered: 03/01/2000)

JURY TRIAL 2nd day held 2/29/00 before Judge Robert L. Miller Jr.: Parties and jury panel present; Plaintiff continues with evidence; Bobbie Carbajal, Nicole Arnott, John Bonebrake, Lori Lester, Roger Korenstra, Sharon Swingley and Glenna Marshall - witnesses; Plaintiff rest; Defendant moves for judgment as a matter of law at conclusion of plaintiff's case in chief; Court DENIES defendant's motion for judgment as a matter of law [68-1] ; Defendant presents evidence; Bruce Korenstra - witness; Defendant does not rest; Jury trial continued to 9:30 3/1/00 before Judge Robert L. Miller Jr. Low, crt rptr. (arl) (Entered: 03/01/2000)

COURT'S PROPOSED FINAL JURY INSTRUCTIONS (arl) (Entered: 03/02/2000)

JURY TRIAL 3rd day held 3/1/00 before Judge Robert L. Miller Jr.: Parties and jury panel present; Defendant continues with evidence; Bruce Korenstra, Wayne Gronendyke, Brian Meck, Gale Schaffer, Stephanie Elliot, Janet Best and Jack Hurt - witnesses; Defendant Rest; Plaintiff presents rebuttal evidence; Vincent Alexander Thomas - witness; Plaintiff rest; Both sides rest; Jury trial continued to with counsel only to 8:45 3/2/00 before Judge Robert L. Miller Jr. Low, crt rptr. (arl) (Entered: 03/02/2000)

MOTION by plaintiff EEOC for injunction (mjk) (Entered: 03/02/2000)

FINAL JURY INSTRUCTIONS submitted by the court (arl) (Entered: 03/03/2000)

ORDER by Judge Robert L. Miller Jr.: denying plaintiff's motion for temporary injunction [72-1] (cc: all counsel) (arl) (Entered: 03/03/2000)

JURY TRIAL 4th day held 3/2/00 before Judge Robert L. Miller Jr.: Parties present; Arguments heard on the court's proposed final jury instructions; Jury panel present; Final arguments heard; Final jury instructions read in open court; Jury panel excused from open court and directed to start with deliberations; Jury panel informs the court that it has reached a verdict; Parties and jury panel present; Verdict read in open court; Jury panel polled and DISCHARGED; Court directs clerk to enter judgment on the verdict; Post trial motions due 10 days from today's date; Arguments heard on plaintiff's motion for temporary injunction; Low, crt rptr. (arl) (Entered: 03/03/2000)

VERDICT for plaintiff EEOC against defendant SWP, Inc. in the amount of $ 190,000.00 (arl) (Entered: 03/03/2000)

EXHIBIT list by plaintiff EEOC and defendant SWP, Inc. (exhibits located in exhibit room) (arl) (Entered: 03/03/2000)

CLERK'S ENTRY OF JUDGMENT for plaintiff EEOC against defendant SWP, Inc. in the amount of $ 190,000 Equivalent Coupon Issue Rate: 6.197% (cc: all counsel and order book) (arl) (Entered: 03/03/2000)

MOTION by defendant SWP, Inc. to conform award with 42 USC 1918a (mjk) (Entered: 03/09/2000)

BILL OF COSTS submitted by plaintiff EEOC re [77-2] (mjk) (Entered: 03/16/2000)

AFFIDAVIT of Jo Ann Farnsworth in support of bill of costs [79-1] (mjk) (Entered: 03/16/2000)

NOTICE that costs will be taxed for plaintiff in the amount of $23,357.30 on 3/27/00 (mjk) (Entered: 03/16/2000)

MEMORANDUM AND ORDER: by Judge Robert L. Miller Jr. granting motion to conform award with 42 USC 1918a [78-1]. Clerk to enter judgment for plaintiff on behalf of Cheryl Minnick & against defendant in aggregate sum of $50,000 consisting of compensatory damages of $25,000 & punitive damages of $25,000, and for plaintiff & against defendant in aggregate sum of $165,000; Number of pages: 2 (cc: all counsel) (mjk) (Entered: 03/20/2000)

CLERK'S ENTRY OF JUDGMENT regarding [82-1]; Equivalent Coupon Issue Rate: 6.197% (cc: all counsel) (mjk) (Entered: 03/20/2000)

MOTION by defendant SWP, Inc. for review of Bill of Costs (mjk) (Entered: 03/23/2000)

PRAECIPE: by plaintiff EEOC for writ of execution re 3/3/00 judgment [77-1], [77-2], amended on 3/17/00 [82-1] in the amount of $165,000, interest accrued and the executuion costs and expenses (mjk) Modified on 06/23/2000 (Entered: 04/20/2000)

ORDER by Judge Robert L. Miller Jr. Case referred to Christopher A. Nuechterlein for the disposition of post-trial matters. Number of pages: 2 (cc: all counsel) (mjk) (Entered: 04/21/2000)

MEMORANDUM AND ORDER: by Judge Robert L. Miller Jr granting motion for review of Bill of Costs [84-1]; court awards $4,995.35 to EEOC as recoverable costs as follows: court reporter fees $3,455.70, witnesses fees $1,303.05, and fees for exemplification and copies of papers $236.60 Number of pages: 6 (cc: all counsel) (smp) Modified on 05/31/2000 (Entered: 05/31/2000)

ATTORNEY APPEARANCE for plaintiff EEOC by Jamie Darin Prenkert (smp) (Entered: 08/18/2000)

MOTION by plaintiff EEOC for proceedings supplemental to execution as to defendant SWP Inc (smp) (Entered: 08/18/2000)

RECEIPT of first set of interrogatories to defendant pursuant to proceedings supplemental (smp) (Entered: 08/18/2000)

ORDER by Judge Robert L. Miller Jr Case referred to Mag J Christopher A. Nuechterlein for all post-judgment proceedings incl but not limited to proc supp and garnishment Number of pages: 1 (cc: all counsel) (smp) (Entered: 08/21/2000)

ORDER by Mag J Christopher A. Nuechterlein granting motion for proceedings supplemental to execution as to defendant SWP Inc [90-1]; defendant to answer in writing and under oath attached interrogatories on/before 9/25/00 ; In-court hearing set for 10:00 12/4/00 Christopher A. Nuechterlein Number of pages: 3 (cc: all counsel) (smp) (Entered: 08/28/2000)

First set of interrogatories to defendant pursuant to proceedings supplemental Filed by plaintiff EEOC (smp) (Entered: 08/28/2000)

ORDER by Christopher A. Nuechterlein ;In-court hearing continued from 12/4/00 and reset for 10:00 12/12/00 before Christopher A. Nuechterlein (cc: all counsel) (slm) (Entered: 10/31/2000)

TRANSCRIPT of testimony of Bruce Korenstra before Judge Robert L Miller Jr filed no. of volumes: 1 for dates: 2/29/00 and 3/1/00 Court Reporter: Laura A Low (smp) (Entered: 12/02/2000)

MEMORANDUM by plaintiff EEOC in support of motion to join defendant RBK Development Inc d/b/a Superior Wood Products as a successor to defendant SWP, Inc d/b/a Superior Wood Products [95-1] (mjk) (Entered: 12/05/2000)

APPENDIX filed by plaintiff EEOC in support of plaintiff's motion to join defendant [95-1] (mjk) (Entered: 12/05/2000)

ORDER by Mag J Christopher A. Nuechterlein: Court continues hearing set for 12/12/00, to be reset upon ruling on motion to join additional defendant [95-1]. Number of 1 (cc: all counsel) (mjk) (Entered: 12/15/2000)

ORDER by Mag J Christopher A. Nuechterlein regarding [95-1] ;In-court hearing on plaintiff's motion to join RBK Development as party defendant set for 3:30 1/5/01 before Mag J Christopher A. Nuechterlein Number of pages: 2 (cc: all counsel) (smp) (Entered: 12/19/2000)

MINUTES: before Christopher A. Nuechterlein; Evidentiary hearing held on pltf's motion to Join party; parties presents evidence; David Bickel, Michael E Armey, witnesses; JoAnn Farnsworth for plaintiff; David G. Thomas for Defendant SWP, Inc., Edward Chester for RBK Development Inc (slm) Modified on 01/08/2001 (Entered: 01/08/2001)