Case: EEOC v. LES SCHWABS TIRES

9:06-cv-00149 | U.S. District Court for the District of Montana

Filed Date: Sept. 25, 2006

Closed Date: June 27, 2010

Clearinghouse coding complete

Case Summary

In September 2006, the EEOC's Seattle Field Office filed this suit in U.S. District Court, District of Montana, against Les Schwab Tire Centers of Montana, Inc. and Les Schwab Tire Warehouse, Inc. The complaint was brought under Title VII of the Civil Rights Act; it alleged that the defendant had harassed a Native American employee because of his race, and then retaliated against him when he complained. Judge Donald W. Molloy was assigned to the case. The employee who was allegedly discriminate…

In September 2006, the EEOC's Seattle Field Office filed this suit in U.S. District Court, District of Montana, against Les Schwab Tire Centers of Montana, Inc. and Les Schwab Tire Warehouse, Inc. The complaint was brought under Title VII of the Civil Rights Act; it alleged that the defendant had harassed a Native American employee because of his race, and then retaliated against him when he complained.

Judge Donald W. Molloy was assigned to the case. The employee who was allegedly discriminated against intervened in the EEOC's suit. On February 19, 2008, the defendant filed two separate motions for partial summary judgment.

On April 21, 2008, the parties filed a joint motion for settlement conference. The following day, the court granted the motion and the parties began negotiations.

Those negotiations led quickly to a settlement. On June 27, 2008, the defendant filed an unopposed motion to dismiss the intervenor’s claims and the EEOC filed a proposed consent decree. Judge Molloy granted both that same day. In exchange for resolving all issues and claims arising out of the EEOC’s complaint, the defendant agreed to monetary and injunctive relief that would last two years, without admitting guilt. The complainant received $185,000 in damages and the defendant agreed to various injunctive provisions including training, reporting, and promising that its managers and employees would not engage in practices which constitute harassment based on an employee’s race or retaliation. The court retained jurisdiction to enforce the injunction for two years.

There is no further activity in the docket, so presumably the case closed without incident in 2010.

Summary Authors

Shankar Viswanathan (5/28/2008)

Jake Parker (5/22/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4302660/parties/equal-employment-opportunity-commission-v-les-schwab-tire-centers-of/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Best, Elizabeth A. (Montana)

Caballero, Santana N. (Montana)

Diamond, Kenneth J. (Washington)

Johns, Daniel D. (Montana)

Lehman, Steven J. (Montana)

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Documents in the Clearinghouse

Document

9:06-cv-00149

Docket [PACER]

EEOC v. Les Schwab Tire Centers of Montana, Inc.

June 27, 2008

June 27, 2008

Docket
1

9:06-cv-00149

Complaint

EEOC v. Les Schwab Tire Centers of Montana, Inc.

Sept. 25, 2006

Sept. 25, 2006

Complaint
15-1

9:06-cv-00149

Intervening Party's Complaint and Jury Trial Demand

EEOC v. Les Schwab Tire Centers of Montana, Inc.

Nov. 16, 2006

Nov. 16, 2006

Complaint
40

9:06-cv-00149

EEOC's First Amended Complaint

EEOC v. Les Schwab Tire Centers of Montana, Inc.

Aug. 15, 2007

Aug. 15, 2007

Complaint
113

9:06-cv-00149

Consent Decree

EEOC v. Les Schwab Tire Centers of Montana, Inc.

June 27, 2008

June 27, 2008

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4302660/equal-employment-opportunity-commission-v-les-schwab-tire-centers-of/

Last updated March 26, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT JURY TRIAL DEMAND against all defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Summons# 2 Summons)(Kucuk, Molly Powell) (Entered: 09/25/2006)

1 Summons

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2 Summons

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Sept. 25, 2006

Sept. 25, 2006

RECAP
3

MOTION to Intervene by Earle Nevins. (Attachments: # 1 Exhibit A-proposed complaint# 2 Text of Proposed Order)(BAW, ) (Entered: 10/23/2006)

1 Exhibit A-proposed complaint

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2 Text of Proposed Order

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Oct. 23, 2006

Oct. 23, 2006

PACER
4

Memorandum in Support of 3 MOTION to Intervene . (BAW, ) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

PACER
5

ANSWER to Complaint by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse.(More, Kimberly) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

PACER
7

ORDER denying 3 Motion to Intervene by Earle Nevins. Signed by Judge Donald W. Molloy on 10/27/2006. (BAW, ) (Entered: 10/30/2006)

Oct. 27, 2006

Oct. 27, 2006

PACER
6

NOTICE by Earle Nevins re 3 MOTION to Intervene Compliance with L.R. 7.1(j) (Kortum-Managhan, Santana) (Entered: 10/30/2006)

Oct. 30, 2006

Oct. 30, 2006

PACER
8

MOTION to Intervene by Earle Nevins. (Attachments: # 1 Text of Proposed Order)(BAW, ) (Entered: 11/03/2006)

1 Text of Proposed Order

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Nov. 1, 2006

Nov. 1, 2006

PACER
9

Memorandum in Support of 8 MOTION to Intervene filed by Earle Nevins. (BAW, ) (Entered: 11/03/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
10

NOTICE OF CONVENTIONAL FILING by Equal Employment Opportunity Commission re 8 MOTION to Intervene (BAW, ) (Entered: 11/13/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
11

THIRD AMENDED MOTION to Intervene by Earle Nevins. (Attachments: # 1 Text of Proposed Order)(BAW, ) (Entered: 11/13/2006)

1 Text of Proposed Order

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Nov. 7, 2006

Nov. 7, 2006

PACER
12

Brief/Memorandum in Support re 11 MOTION to Intervene filed by Earle Nevins. (Attachments: # 1 Exhibit A)(BAW, ) (Entered: 11/13/2006)

1 Exhibit A

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Nov. 7, 2006

Nov. 7, 2006

PACER
13

NOTICE OF CONVENTIONAL FILING by Earle Nevins re 11 MOTION to Intervene (BAW, ) (Entered: 11/13/2006)

Nov. 8, 2006

Nov. 8, 2006

PACER
14

ORDER granting 8 Motion to Intervene by Earle Nevins, granting 11 Motion to Intervene . Signed by Judge Donald W. Molloy on 11/8/2006. (BAW, ) (Entered: 11/13/2006)

Nov. 8, 2006

Nov. 8, 2006

PACER
15

Intervenor COMPLAINT against Defendants Les Schwab Tire Centers of Montana and Les Schwab Tire Warehouse, filed by Earle Nevins. (Attachments: # 1 Exhibit Summons)(Kortum-Managhan, Santana) (Entered: 11/16/2006)

1 Exhibit Summons

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Nov. 16, 2006

Nov. 16, 2006

PACER
16

MOTION Kenneth Diamond to Appear Pro Hac Vice by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Text of Proposed Order)(More, Kimberly) (Entered: 11/16/2006)

1 Text of Proposed Order

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Nov. 16, 2006

Nov. 16, 2006

PACER
17

AFFIDAVIT re 16 MOTION Kenneth Diamond to Appear Pro Hac Vice by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (More, Kimberly) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

PACER
18

ORDER granting 16 Motion to Appear Pro Hac Vice for Attorney Kenneth Diamond for Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Inc. . Signed by Judge Donald W. Molloy on 11/21/2006. (BAW, ) (Entered: 11/21/2006)

Nov. 21, 2006

Nov. 21, 2006

PACER
19

Order Setting Preliminary Pretrial Conference: Preliminary Pretrial Statement due by 4/6/2007. Joint Discovery Plan due by 4/6/2007. Pretrial Conference set for 4/13/2007 11:00 AM in Missoula, MT before Judge Donald W. Molloy.Signed by Judge Donald W. Molloy on 12/1/2006. (SLP) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

PACER
20

ANSWER to Intervenor Complaint by Les Schwab Tire Centers of Montana, Inc..(Johns, Daniel) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

PACER
21

ANSWER to Intervenor Complaint by Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 01/26/2007)

Jan. 26, 2007

Jan. 26, 2007

PACER
22

JOINT DISCOVERY PLAN. (Kortum-Managhan, Santana) (Entered: 02/16/2007)

Feb. 16, 2007

Feb. 16, 2007

PACER
23

NOTICE of Appearance by Steven J. Lehman on behalf of all defendants (Lehman, Steven) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

PACER
24

PRELIMINARY PRETRIAL STATEMENT by Earle Nevins. (Best, Elizabeth) Modified on 4/5/2007 to indicate the Help Desk was called by the filer to explain the cert. of svc. on this document.All parties were served electronically except for John Stanley who received a copy in the mail from the filer. (SLN, ). (Entered: 04/05/2007)

April 5, 2007

April 5, 2007

PACER
25

PRELIMINARY PRETRIAL STATEMENT by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

PACER
26

PRELIMINARY PRETRIAL STATEMENT by Les Schwab Tire Centers of Montana, Inc.. (Johns, Daniel) (Entered: 04/06/2007)

April 6, 2007

April 6, 2007

PACER
27

Minute Entry for proceedings held before Judge Donald W. Molloy : Initial Pretrial Conference held on 4/13/2007. (CLP, ) (Entered: 04/16/2007)

April 13, 2007

April 13, 2007

PACER
28

SCHEDULING ORDER: Final Pretrial Conference set for 7/2/2008 11:00 AM in Missoula, MT before Judge Donald W. Molloy. Amended Pleadings due by 8/31/2007. Discovery due by 1/31/2008. Jury Trial set for 7/21/2008 08:30 AM in Missoula, MT before Judge Donald W. Molloy. Motions due by 3/31/2008. . Signed by Judge Donald W. Molloy on 4/19/2007. (CLP, ) Modified on 4/19/2007 to reflect a copy was mailed to John Stanley(CLP, ). (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
29

NOTICE of Substitution of Counsel AND WITHDRAWAL OF COUNSEL by Equal Employment Opportunity Commission (Stanley, John) (Entered: 05/29/2007)

May 29, 2007

May 29, 2007

PACER
30

NOTICE by Equal Employment Opportunity Commission CLARIFICATION (Kucuk, Molly Powell) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

PACER
31

NOTICE by Equal Employment Opportunity Commission of Unavailability of Counsel (Kucuk, Molly Powell) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
32

NOTICE by Equal Employment Opportunity Commission Of Unavailability of Counsel, John F. Stanley (Stanley, John) (Entered: 06/20/2007)

June 20, 2007

June 20, 2007

PACER
33

NOTICE to Take Deposition of Earle Nevins by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

PACER
34

NOTICE to Take Deposition of Mark Meagher, Dave Ogren, Marty Cahill, Dustin Martell, John Tennant, Robert Willard, and Brendon Hammond by Earle Nevins.(Best, Elizabeth) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

PACER
35

NOTICE to Take Deposition of Mark Meagher, Dave Ogren, Marty Cahill, Dustin Martell, John Tennant, Robert Willard, and Brandon Hammack by Earle Nevins.(Best, Elizabeth) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

PACER
36

NOTICE by Earle Nevins re 33 Notice to Take Deposition (Kortum-Managhan, Santana) (Entered: 08/06/2007)

Aug. 6, 2007

Aug. 6, 2007

PACER
37

NOTICE to Take Deposition of Earle Nevins by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 08/07/2007)

Aug. 7, 2007

Aug. 7, 2007

PACER
38

MOTION to Amend/Correct 15 Intervenor Complaint by Earle Nevins. (Attachments: # 1 Amended Complaint# 2 Text of Proposed Order)(Kortum-Managhan, Santana) (Entered: 08/13/2007)

1 Amended Complaint

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2 Text of Proposed Order

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Aug. 13, 2007

Aug. 13, 2007

PACER
39

ORDER granting 38 Motion to Amend. Signed by Judge Donald W. Molloy on 8/14/2007. (baw) (Entered: 08/15/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
40

AMENDED COMPLAINT against all defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit EEOC's First Amended Complaint# 2 Exhibit Proposed Order Amending Complaint)(Kucuk, Molly Powell) Document to be refiled by attorney using correct event. (Entered: 08/15/2007)

1 Exhibit EEOC's First Amended Complaint

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2 Exhibit Proposed Order Amending Complaint

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Aug. 15, 2007

Aug. 15, 2007

PACER
41

MOTION For Leave to Amend Complaint by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Amended Complaint# 2 Text of Proposed Order Order Granting Motion to Amend Complaint)(Kucuk, Molly Powell) Modified on 8/17/2007 (CAD, )to convert this entry into the correct Motion as it was filed using an incorrect event. (Entered: 08/16/2007)

1 Exhibit Amended Complaint

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2 Text of Proposed Order Order Granting Motion to Amend Complaint

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Aug. 16, 2007

Aug. 16, 2007

PACER
42

ORDER granting 41 MOTION for Leave to amend filed by Equal Employment Opportunity Commission. Signed by Judge Donald W. Molloy on 8/20/2007. (baw) (Entered: 08/20/2007)

Aug. 20, 2007

Aug. 20, 2007

PACER
43

Joint MOTION for Extension of Time to Amend Pleadings by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Text of Proposed Order)(Johns, Daniel) Additional attachment(s) added on 8/23/2007 (BAW, ). (Entered: 08/22/2007)

2 Text of Proposed Order

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Aug. 22, 2007

Aug. 22, 2007

PACER
44

ORDER granting 43 Motion for Extension of Time to Amend pleadings until 9/28/07. Signed by Judge Donald W. Molloy on 8/27/2007. (baw) (Entered: 08/27/2007)

Aug. 27, 2007

Aug. 27, 2007

PACER
45

ANSWER to Complaint (Intervening Party's First Amended) by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 08/28/2007)

Aug. 28, 2007

Aug. 28, 2007

PACER
46

Defendants' ANSWER to Amended Complaint of EEOC by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

PACER
47

First MOTION for Leave to File Answers to Amended Complaints by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 - Brief in Support (this event shall be filed seperately) # 2 - Proposed Amended Answer TO EEOCS FIRST AMENDED COMPLAINT AND JURY TRIAL DEMAND # 3 - Proposed AMENDED ANSWER TO INTERVENING PARTYS FIRST AMENDED COMPLAINT AND JURY TRIAL DEMAND Case 9:06-cv-00149-DWM Document 47-4 Filed 09/28/2007 Page 1 of 8)(Johns, Daniel) Modified on 10/1/2007 to change event from "Motion to Amend/Correct" to "Motion for Leave" - modified text accordingly - also modified event to describe attachments to Motion(CDH, ). (Entered: 09/28/2007)

1 Brief in Support

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2 Proposed Amended Answer to EEOC's First Amended Complaint and Jury Trial De

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3 Proposed Amended Answer to Intervening Party's Amended Complaint

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Sept. 28, 2007

Sept. 28, 2007

PACER
48

NOTICE by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse (Johns, Daniel) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

PACER
49

RESPONSE to Motion re 47 MOTION for Leave to File filed by Earle Nevins. (Kortum-Managhan, Santana) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
50

NOTICE to Take Deposition of Bill Smith by Earle Nevins.(Kortum-Managhan, Santana) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

PACER
51

ORDER granting 47 Motion for Leave to File amended answers. Signed by Judge Donald W. Molloy on 11/9/2007. (slp) (Entered: 11/09/2007)

Nov. 9, 2007

Nov. 9, 2007

PACER
52

MOTION in Limine by Earle Nevins. (Kortum-Managhan, Santana) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

PACER
53

Brief/Memorandum in Support re 52 MOTION in Limine filed by Earle Nevins. (Kortum-Managhan, Santana) (Entered: 11/13/2007)

Nov. 13, 2007

Nov. 13, 2007

PACER
54

RESPONSE to Motion re 52 MOTION in Limine filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 11/26/2007)

Nov. 26, 2007

Nov. 26, 2007

PACER
55

REPLY to Response to Motion re 52 MOTION in Limine filed by Earle Nevins. (Kortum-Managhan, Santana) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

PACER
56

NOTICE of Change of Address by Santana N. Kortum (Kortum, Santana) (Entered: 12/03/2007)

Dec. 3, 2007

Dec. 3, 2007

PACER
57

First Amended ANSWER to Amended Complaint of EEOC by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 12/27/2007)

Dec. 27, 2007

Dec. 27, 2007

PACER
58

First Amended ANSWER to Intervenor Complaint (First Amended) by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.(Johns, Daniel) (Entered: 12/27/2007)

Dec. 27, 2007

Dec. 27, 2007

PACER
59

NOTICE to Take Deposition of 30(b)(6) Corporate Designee by Equal Employment Opportunity Commission.(Kucuk, Molly Powell) (Entered: 01/15/2008)

Jan. 15, 2008

Jan. 15, 2008

PACER
60

Corporate Disclosure Statement by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 01/22/2008)

Jan. 22, 2008

Jan. 22, 2008

PACER
61

MOTION to Quash EEOC's Notice of Deposition by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 01/25/2008)

Jan. 25, 2008

Jan. 25, 2008

PACER
62

Brief/Memorandum in Support re 61 MOTION to Quash EEOC's Notice of Deposition filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A-D)(Johns, Daniel) (Entered: 01/25/2008)

1 Exhibit A-D

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Jan. 25, 2008

Jan. 25, 2008

PACER
63

RESPONSE to Motion re 61 MOTION to Quash EEOC's Notice of Deposition Pursuant to FRCP 30(b)(6) filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Declaration of Molly P. Kucuk# 2 Exhibit No. 1 (Email Exchange)# 3 Exhibit No. 2 (EEOC's First Discovery Requests)# 4 Exhibit No. 3 (Defendants' Responses to EEOC's First Discovery Responses)# 5 Exhibit No. 4 (EEOC's Second Set of Written Discovery)# 6 Exhibit No. 5 (Defendants' Responses to EEOC's Second Set of Discovery))(Kucuk, Molly Powell) (Entered: 02/04/2008)

1 Affidavit Declaration of Molly P. Kucuk

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2 Exhibit No. 1 (Email Exchange)

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3 Exhibit No. 2 (EEOC's First Discovery Requests)

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4 Exhibit No. 3 (Defendants' Responses to EEOC's First Discovery Respons

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5 Exhibit No. 4 (EEOC's Second Set of Written Discovery)

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6 Exhibit No. 5 (Defendants' Responses to EEOC's Second Set of Discovery

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Feb. 4, 2008

Feb. 4, 2008

PACER
64

Joint MOTION to Compel Certain Discovery Requests by Equal Employment Opportunity Commission. (Attachments: # 1 Supplement Memorandum in Support of Motion# 2 Supplement Declaration of Molly P. Kucuk in Support of Motion# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Exhibit E# 8 Exhibit F# 9 Exhibit G# 10 Exhibit H# 11 Exhibit I# 12 Exhibit J# 13 Text of Proposed Order Granting Plaintiffs' Motion to Compel)(Kucuk, Molly Powell) Modified on 2/15/2008 to reflect that filing party has been instructed to file "attachment #1" of this entry as a seperate filing using "Brief/Memorandum in Support" (CDH, ). (Entered: 02/14/2008)

1 Supplement Memorandum in Support of Motion

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2 Supplement Declaration of Molly P. Kucuk in Support of Motion

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Text of Proposed Order Granting Plaintiffs' Motion to Compel

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Feb. 14, 2008

Feb. 14, 2008

PACER
65

Brief/Memorandum in Support re 64 Joint MOTION to Compel Certain Discovery Requests filed by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 02/15/2008)

Feb. 15, 2008

Feb. 15, 2008

PACER
66

REPLY to Response to Motion re 61 MOTION to Quash EEOC's Notice of Deposition filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit E# 2 Exhibit F# 3 Exhibit G# 4 Exhibit H# 5 Exhibit I# 6 Exhibit J)(Johns, Daniel) (Entered: 02/19/2008)

1 Exhibit E

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2 Exhibit F

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3 Exhibit G

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4 Exhibit H

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5 Exhibit I

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6 Exhibit J

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Feb. 19, 2008

Feb. 19, 2008

PACER
67

MOTION for Partial Summary Judgment by Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.Responses due by 3/10/2008. (Johns, Daniel) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

PACER
68

Brief/Memorandum in Support re 67 MOTION for Partial Summary Judgment filed by Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 02/19/2008)

Feb. 19, 2008

Feb. 19, 2008

PACER
69

Statement of Undisputed Fact re: 68 Brief/Memorandum in Support, 67 MOTION for Partial Summary Judgment by Les Schwab Tire Warehouse, Les Schwab Tire Warehouse filed by Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I)(Johns, Daniel) (Entered: 02/19/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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Feb. 19, 2008

Feb. 19, 2008

PACER
70

Second MOTION in Limine Plaintiffs' by Earle Nevins. (Best, Elizabeth) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

PACER
71

Brief/Memorandum in Support re 70 Second MOTION in Limine Plaintiffs' filed by Earle Nevins. (Best, Elizabeth) (Entered: 02/27/2008)

Feb. 27, 2008

Feb. 27, 2008

PACER
72

RESPONSE to Motion re 64 Joint MOTION to Compel Certain Discovery Requests filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D pgs. 1-52# 5 Exhibit D pgs. 53-104# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I pgs. 1-44# 11 Exhibit I pgs. 45-88# 12 Exhibit J)(Johns, Daniel) (Entered: 02/28/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D pgs. 1-52

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5 Exhibit D pgs. 53-104

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I pgs. 1-44

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11 Exhibit I pgs. 45-88

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12 Exhibit J

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Feb. 28, 2008

Feb. 28, 2008

PACER
73

MOTION for Leave to File Overlength Response to Defendant's Motion for Partial Summary Judgment by Equal Employment Opportunity Commission. (Attachments: # 1 Text of Proposed Order)(Kucuk, Molly Powell) (Entered: 03/07/2008)

1 Text of Proposed Order

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March 7, 2008

March 7, 2008

PACER
74

Brief/Memorandum in Support re 73 MOTION for Leave to File Overlength Response to Defendant's Motion for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
75

MOTION for Protective Order by Earle Nevins. (Attachments: # 1 Text of Proposed Order)(Best, Elizabeth) (Entered: 03/07/2008)

1 Text of Proposed Order

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March 7, 2008

March 7, 2008

PACER
76

MOTION for Summary Judgment regarding state law claims, fully resolved and time-barred claims and claims of retaliatory discharge by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse.Responses due by 03/31/08. (Johns, Daniel) Modified on 3/10/2008 (CAD, ) to change response due date. (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
77

Brief/Memorandum in Support re 75 MOTION for Protective Order filed by Earle Nevins. (Best, Elizabeth) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
78

Brief/Memorandum in Support re 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time-barred claims and claims of retaliatory discharge filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
79

Statement of Undisputed Fact re: 78 Brief/Memorandum in Support, 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time-barred claims and claims of retaliatory discharge by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit K# 11 Exhibit L# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N)(Johns, Daniel) (Entered: 03/07/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit K

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11 Exhibit L

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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March 7, 2008

March 7, 2008

PACER
80

MOTION in Limine by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 03/07/2008)

March 7, 2008

March 7, 2008

PACER
81

Brief/Memorandum in Support re 80 MOTION in Limine filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit D# 4 Exhibit E# 5 Exhibit F# 6 Exhibit G# 7 Exhibit H# 8 Exhibit I# 9 Exhibit J# 10 Exhibit K)(Johns, Daniel) (Entered: 03/07/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit D

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4 Exhibit E

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5 Exhibit F

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6 Exhibit G

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7 Exhibit H

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8 Exhibit I

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9 Exhibit J

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10 Exhibit K

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March 7, 2008

March 7, 2008

PACER
82

REPLY to Response to Motion re 64 Joint MOTION to Compel Certain Discovery Requests filed by Equal Employment Opportunity Commission. (Attachments: # 1 Affidavit Declaration of Molly Kucuk# 2 Exhibit #1# 3 Exhibit #2# 4 Exhibit #3# 5 Exhibit #4# 6 Exhibit #5# 7 Exhibit #6# 8 Exhibit #7# 9 Exhibit #8# 10 Exhibit #9)(Kucuk, Molly Powell) (Entered: 03/10/2008)

1 Affidavit Declaration of Molly Kucuk

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2 Exhibit #1

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3 Exhibit #2

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4 Exhibit #3

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5 Exhibit #4

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6 Exhibit #5

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7 Exhibit #6

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8 Exhibit #7

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9 Exhibit #8

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10 Exhibit #9

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March 10, 2008

March 10, 2008

PACER
83

TEXT ORDER denying 73 Motion for Leave to File Overlength Brief in Response to Defendants' Motion for Partial Summary Judgment Signed by Judge Donald W. Molloy on 3/10/2008. (slp) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

PACER
84

RESPONSE to Motion re 67 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Errata S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Exhibit W)(Kucuk, Molly Powell) (Entered: 03/10/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Errata S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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March 10, 2008

March 10, 2008

PACER
85

Statement of Genuine Issues re: 67 MOTION for Partial Summary Judgment filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 5# 5 Exhibit 6# 6 Exhibit 7# 7 Exhibit 8# 8 Exhibit 9# 9 Exhibit 10# 10 Exhibit 11# 11 Exhibit 11# 12 Exhibit 13# 13 Exhibit 14# 14 Exhibit 15# 15 Exhibit 16# 16 Exhibit 17# 17 Exhibit 19# 18 Exhibit 20# 19 Exhibit 21# 20 Exhibit 22# 21 Exhibit 23# 22 Exhibit 24# 23 Exhibit 25# 24 Exhibit 26)(Kucuk, Molly Powell) (Entered: 03/10/2008)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 5

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5 Exhibit 6

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6 Exhibit 7

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7 Exhibit 8

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8 Exhibit 9

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9 Exhibit 10

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10 Exhibit 11

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11 Exhibit 11

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12 Exhibit 13

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13 Exhibit 14

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14 Exhibit 15

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15 Exhibit 16

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16 Exhibit 17

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17 Exhibit 19

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18 Exhibit 20

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19 Exhibit 21

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20 Exhibit 22

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21 Exhibit 23

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22 Exhibit 24

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23 Exhibit 25

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24 Exhibit 26

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March 10, 2008

March 10, 2008

PACER
86

NOTICE of Filing Exhibits No. 4 re: 85 Statement of Genuine Issues,, (Kucuk, Molly Powell) (Entered: 03/11/2008)

March 11, 2008

March 11, 2008

PACER
87

NOTICE of Filing Exhibits No. 18 re: 85 Statement of Genuine Issues,, (Kucuk, Molly Powell) (Entered: 03/11/2008)

March 11, 2008

March 11, 2008

PACER
88

RESPONSE to Motion re 70 Second MOTION in Limine Plaintiffs' filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Johns, Daniel) (Entered: 03/12/2008)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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March 12, 2008

March 12, 2008

PACER
89

RESPONSE to Motion re 80 MOTION in Limine filed by Earle Nevins. (Best, Elizabeth) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

PACER
90

REPLY to Response to Motion re 67 MOTION for Partial Summary Judgment filed by Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Johns, Daniel) (Entered: 03/24/2008)

March 24, 2008

March 24, 2008

PACER
91

REPLY to Response to Motion re 70 Second MOTION in Limine Plaintiffs' filed by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 03/25/2008)

March 25, 2008

March 25, 2008

PACER
92

DECLARATION re 91 Reply to Response to Motion in Limine filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1, Deposition of Parks# 2 Exhibit No. 2, Deposition of Hueske# 3 Exhibit No. 3, Deposition of Nevins# 4 Exhibit No. 4, Deposition of Nevins# 5 Exhibit No. 5, Phone Transcript Part 1# 6 Exhibit No. 5, Walker Phone Transcript Part 2)(Kucuk, Molly Powell) (Entered: 03/25/2008)

1 Exhibit No. 1, Deposition of Parks

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2 Exhibit No. 2, Deposition of Hueske

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3 Exhibit No. 3, Deposition of Nevins

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4 Exhibit No. 4, Deposition of Nevins

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5 Exhibit No. 5, Phone Transcript Part 1

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6 Exhibit No. 5, Walker Phone Transcript Part 2

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March 25, 2008

March 25, 2008

PACER
93

REPLY to Response to Motion re 80 MOTION in Limine filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit L)(Johns, Daniel) (Entered: 03/26/2008)

1 Exhibit L

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March 26, 2008

March 26, 2008

PACER
94

RESPONSE to Motion re 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time-barred claims and claims of retaliatory discharge filed by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 03/27/2008)

March 27, 2008

March 27, 2008

PACER
95

Statement of Genuine Issues re: 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time-barred claims and claims of retaliatory discharge filed by Equal Employment Opportunity Commission. (Kucuk, Molly Powell) (Entered: 03/27/2008)

March 27, 2008

March 27, 2008

PACER
96

DECLARATION re 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time-barred claims and claims of retaliatory discharge in Support of Response filed by Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit No. 1# 2 Exhibit No. 2# 3 Exhibit No. 3, Part 1# 4 Exhibit No. 3, Part 2# 5 Exhibit No. 4# 6 Exhibit No. 5# 7 Exhibit No. 6# 8 Exhibit No. 7# 9 Exhibit No. 8# 10 Exhibit No. 9# 11 Exhibit No. 10)(Kucuk, Molly Powell) (Entered: 03/27/2008)

1 Exhibit No. 1

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2 Exhibit No. 2

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3 Exhibit No. 3, Part 1

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4 Exhibit No. 3, Part 2

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5 Exhibit No. 4

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6 Exhibit No. 5

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7 Exhibit No. 6

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8 Exhibit No. 7

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9 Exhibit No. 8

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10 Exhibit No. 9

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11 Exhibit No. 10

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March 27, 2008

March 27, 2008

PACER
97

ORDER granting 52 Motion in Limine. This kind of motion should be worked out between counsel and should not require the court's intervention.. Signed by Judge Donald W. Molloy on 4/2/2008. (Molloy, Donald) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

PACER
98

ORDER denying 61 Motion to Quash. If defendants have not complied with the Rule 30(b)(6) deposition designation they shall, within 10 days, designate an individual, or individuals to answer the questions set forth in the deposition notice.. Signed by Judge Donald W. Molloy on 4/2/2008. (Molloy, Donald) (Entered: 04/02/2008)

April 2, 2008

April 2, 2008

PACER
99

Unopposed MOTION to Withdraw as Attorney Wiliam Managhan by Earle Nevins. (Kortum, Santana) (Entered: 04/09/2008)

April 9, 2008

April 9, 2008

PACER
100

REPLY to Response to Motion re 76 MOTION for Summary Judgment regarding state law claims, fully resolved and time-barred claims and claims of retaliatory discharge filed by Les Schwab Tire Centers of Montana, Inc., Les Schwab Tire Warehouse, Les Schwab Tire Warehouse. (Attachments: # 1 Exhibit A)(Johns, Daniel) (Entered: 04/10/2008)

1 Exhibit A

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April 10, 2008

April 10, 2008

PACER
101

ORDER granting 99 Motion to Withdraw as Attorney. Added attorney Santana N. Kortum for Earle Nevins. Attorney William L. Managhan terminated. Signed by Judge Donald W. Molloy on 4/10/2008. (BAW, ) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

PACER

Case Details

State / Territory: Montana

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 25, 2006

Closing Date: June 27, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of a Native American worker who was discriminated against in the workplace and then fired in retaliation after he complained.

Plaintiff Type(s):

Private Plaintiff

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Les Schwab Tire Warehouse, Inc. (Kalispell, Montana), Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 185,000

Order Duration: 2008 - 2010

Content of Injunction:

Discrimination Prohibition

Retaliation Prohibition

Develop anti-discrimination policy

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Reporting

Recordkeeping

Monitoring

Required disclosure

Training

Issues

General:

Retaliation

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

American Indian/Alaskan Native

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit