Case: EEOC v. RD's Drive In/Exxon

EEOC v. Kidman

EEOC v RD's Drive In

No Court

EEOC v. RD's/Exxon

EEOC v. RD's/Exxon

EEOC v. RD's/Exxon

U.S. Court of Appeals for the Ninth Circuit

Carly Knight, Frank Dobbin, Alexandra Kalev

COMPLAINT FILED (Entered: 09/30/2002)

RETURN OF SERVICE EXECUTED summons/complaint (personal) upon dft Steve Kidman on 10/7/02 (MAP) (Entered: 10/18/2002)

RETURN OF SERVICE EXECUTED summons/complaint (personal) upon dft Richard O Kidman on 10/17/02 (MAP) (Entered: 10/18/2002)

RETURN OF SERVICE EXECUTED summons/complaint (personal) upon dft Shauna Kidman on 10/7/02 (MAP) (Entered: 10/18/2002)

ANSWER to complaint [1−1] by dft Richard O Kidman, dft Shauna Kidman (MAP) (Entered: 10/30/2002)

MOTION to dismiss as to dft Steve Kidman by dfts [6−1] (MAP) (Entered: 10/30/2002)

Party elects assignment of case to district judge ; mag election form ddl satisfied 10/28/02 (MAP) (Entered: 10/30/2002)

MINUTE ORDER that pursuant to Local Rule 1.2(e), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned by random draw to Judge Stephen M. McNamee All further papers/pleadings should now list the following COMPLETE case number: CIV−02−1911−PCT−SMM (cc: all counsel/SMM/LOA) [9−2] (MAP) (Entered: 10/30/2002)

AMENDED answer to pla's complaint [5−1] by dft Shauna Kidman, Richard Kidman (former emp) (Entered: 11/04/2002)

DECLARATION of Richard Kidman & Steven Kidman re statement of facts in support of motion to dismiss dft Steven Kidman on 10/28/02 [7−1] by dfts (former emp) (Entered: 11/06/2002)

MOTION for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] (former emp) (Entered: 11/25/2002)

STATEMENT OF FACTS by dfts for motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] (former emp) (Entered: 11/25/2002)

STIPULATION by all parties to dismiss the claims against dft Steven Kidman without prejudice (former emp) (Entered: 12/03/2002)

ORDER by Judge Stephen M. McNamee granting stipulation by all parties to dismiss the claims against dft Steven Kidman without prejudice (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 12/10/2002)

JOINT NOTIFICATION by pla EEOC, dft Richard O Kidman, dft Shauna Kidman of preparedness for scheduling of a Rule 16 Conference (former emp) (Entered: 12/23/2002)

STIPULATION and request by all parties to extend time until 1/27/03 for pla EEOC to file a response to dft's motion for partial summary judgment (former emp) (Entered: 12/23/2002)

ORDER by Judge Stephen M. McNamee granting stipulation and request by all parties to extend time until 1/27/03 for pla EEOC to file a response to dft's motion for partial summary judgment (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 12/31/2002)

ORDER by Judge Stephen M. McNamee ; prel scheduling conf set for 4:00 3/26/03 ; Counsel who will be responsible for trial shall personally appear and participate in the Preliminary Pretrial Conference. Parties are directed to meet at least 14 days before the Conference. To satisfy the requirements of Fed.R.Civ.P. 26(a) the parties shall file with the Clerk of the Court a notice of initial disclosure. All counsel shall jointly file their Proposed Case Management Plan with the Clerk of the Court not less than 5 business days before the Preliminary Pretrial Conference. Clerk of the Court send copies of this order to all counsel of record and to all parties, if any, appearing propria persona (cc: all counsel) (former emp) Modified on 01/10/2003 (Entered: 01/10/2003)

STIPULATION and request by all parties to extend time until 2/18/03 for pla EEOC to file a response to dft's motion for partial summary judgment (former emp) (Entered: 01/28/2003)

MOTION for sanctions (re violation of conciliation mandate against EEOC by dfts [21−1] (former emp) Modified on 02/03/2003 (Entered: 02/03/2003)

ORDER by Judge Stephen M. McNamee granting stipulation and request by all parties to extend time until 2/18/03 for pla EEOC to file a response to dft's motion for partial summary judgment (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 02/04/2003)

FIRST NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Steven Kidman on the following date(s): 2/25/03 (former emp) (Entered: 02/05/2003)

NOTICE of service of discovery (EEOC's first set of request admissions, request for production of documents and non−uniform interrogatories) by pla EEOC . (former emp) (Entered: 02/05/2003)

REQUEST (MOTION) for Rule 16 settlement conference by pla EEOC [27−1] (former emp) (Entered: 02/11/2003)

MOTION to intervene as plaintiffs by Doretta Benally, Roxanne Cahoon, Freda Douglas, Elva Begay Josley [26−1] (former emp) (Entered: 02/11/2003)

ORDER by Judge Stephen M. McNamee granting motion for Rule 16 settlement conference by pla EEOC [27−1]; this matter is referred to Magistrate Judge Morton Sitver for a settlement conference; parties are directed to contact Judge Sitver's Office (cc: all counsel/MS) (former emp) (ADI−ICMS, ). (Entered: 02/14/2003)

NOTICE by pla OF TAKING DEPO OF Custodian of Records, Pnillips and Partners on the following date(s): 2/27/03 at 9:30 am (CMM) (Entered: 02/19/2003)

STIPULATION AN REQUEST to extend time for pla to file a response to motion for sanctions (re violation of conciliation mandate against EEOC by dfts [21−1] (to 2/25/03) by pla, dfts (proposed response not provided) (1st request) (LAD) (Entered: 02/21/2003)

OBJECTIONS by pla EEOC to statement of facts for motion for partial summary judgment [13−1] (LAD) (Entered: 02/21/2003)

MOTION to strike portions of dfts' statement of facts for motion for partial summary judgment by pla EEOC [31−1] (LAD) (Entered: 02/21/2003)

MOTION for leave to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f) by pla EEOC [32−1] (LAD) Modified on 05/28/2003 (Entered: 02/21/2003)

MEMORANDUM IN SUPPORT by pla EEOC of motion for leave to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f) by pla EEOC [32−1] (LAD) (Entered: 02/21/2003)

RESPONSE by pla EEOC to motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] (LAD) (Entered: 02/21/2003)

STATEMENT OF FACTS by pla EEOC in support of response to motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] (LAD) (Entered: 02/21/2003)

SEALED Motion TO SEAL response in opposition to dfts' motion for partial summary judgment (doc #34) and statement of facts in support of response in opposition to dfts' motion for partial summary judgment (doc #35) by dfts [36−1] (LAD) (Entered: 02/24/2003)

NOTICE by pla EEOC of intent to substitute signed declarations for unsigned declarations (re Doretta Benally, Freda Douglas, Elva Begay and Freda Douglas − signed declarations not provided with this notice) (LAD) (Entered: 02/24/2003)

ORDER by Judge Stephen M. McNamee granting stipulation to extend time for pla to file a response to motion for sanctions (re violation of conciliation mandate against EEOC by dfts [21−1] (to 2/25/03) by pla, dfts (proposed response not provided) (cc: all counsel) (LAD) (ADI−ICMS, ). (Entered: 02/24/2003)

RESPONSE by pla EEOC to motion for sanctions re violation of conciliation mandate against EEOC by dfts [21−1] (and incorporates by reference the response to dft's motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1]) (former emp) (Entered: 02/26/2003)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft (former emp) (Entered: 02/26/2003)

NOTICE of service of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (former emp) (Entered: 02/27/2003)

STIPULATION by all parties to extend time until 3/28/03 for submission of dfts' reply to pla's response in opposition to dft's motion for partial summary judgment; dfts' ... by pla, dft (former emp) (Entered: 03/03/2003)

STIPULATION by all parties for an extension of time until 3/20/03 for submission of the dfts's answers to pla' first request for admissions... (former emp) (Entered: 03/07/2003)

ORDER by Judge Stephen M. McNamee granting stipulation by all parties that dfts' shall have until 3/28/03 to submit their reply to pla EEOC's response in opposition to dft's motion for partial summary judgment, dfts response to pla EEOC's motion objections to and motion to strike portions of dfts' statement of facts for motion for partial summary judgment and dfts' response to pla EEOC's motion for leave to conduct discovery pursuant to Fed.R.Civ.P. 56(f) (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/07/2003)

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE STATEMENT ORDER by Mag Judge Morton Sitver ; settlement conference set for 1:30 4/4/04 , before Mag Judge Morton Sitver ; counsel shall appear with the parties or with the person(s) having full authority to settle the case; at least 5 days before the conference parties shall lodge a settlement conference statement (cc: all counsel/SMM) (former emp) Modified on 03/10/2003 (ADI−ICMS, ). (Entered: 03/07/2003)

STIPULATION by all parties that dfts may have until 3/10/03 to file their reply in support of dfts' motion for sanctions (former emp) (Entered: 03/10/2003)

ORDER by Judge Stephen M. McNamee granting stipulation by all parties for an extension of time until 3/20/03 for submission of the dfts's answers to pla' first request for admissions, first set of non−uniform interrogatories and first request for production of documents (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/10/2003)

MOTION to exceed page limitation for doc(s) Reply in support of dfts' motion for sanctions by dfts [49−1] (former emp) Modified on 03/12/2003 (Entered: 03/11/2003)

LODGED Reply in support of dfts' motion for sanctions (Lodged at clerk's desk... see doc #49) (former emp) (Entered: 03/11/2003)

MINUTE ORDER the order issued 3/7/03 contained a clerical error; [46−3] ; settlement conference reset for 1:30 4/4/03 , before Mag Judge Morton Sitver (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/12/2003)

ORDER by Judge Stephen M. McNamee granting motion to exceed page limitation for doc(s) Reply in support of dfts' motion for sanctions by dfts [49−1] vacating [0−0] lodged document (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/12/2003)

REPLY by dft Richard O Kidman, dft Shauna Kidman in support of motion for sanctions (re violation of conciliation mandate against EEOC by dfts) [21−1] (former emp) (Entered: 03/12/2003)

RESPONSE in opposition by pla EEOC to motion TO SEAL two pages by dft Richard O Kidman, dft Shauna Kidman [42−1], AND motion TO SEAL response in opposition to dfts' motion for partial summary judgment (doc #34) and statement of facts in support of response in opposition to dfts' motion for partial summary judgment (doc #35) by dfts [36−1] (former emp) (Entered: 03/13/2003)

NOTICE by pla EEOC OF TAKING of Video DEPO OF Steven Kidman on the following date(s): 4/16/03 (former emp) (Entered: 03/17/2003)

NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Richard Kidman on the following date(s): 4/15/03 (former emp) (Entered: 03/17/2003)

MOTION for permission to file portion of response UNDER SEAL by pla EEOC [56−1] (former emp) Modified on 03/18/2003 (Entered: 03/17/2003)

ORDER by Judge Stephen M. McNamee granting motion for permission to file portion of response UNDER SEAL by pla EEOC [56−1] (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/18/2003)

ORDER by Judge Stephen M. McNamee granting stipulation by all parties that dfts may have until 3/10/03 to file their reply in support of dfts' motion for sanctions (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/18/2003)

CROSS−MOTION TO SEAL pages 5 & 6 of pla's response in opposition to dfts' motion to seal by pla EEOC [59−1] (page 5 & 6 filed under seal) and RESPONSE to dfts' motion TO SEAL two pages by dft Richard O Kidman, dft Kidman [42−1]; motion TO SEAL response in opposition to dfts' motion for partial summary judgment (doc #34) and statement of facts in support of response in opposition to dfts' motion for partial summary judgment (doc #35) by dfts [36−1] by pla EEOC (former emp) (Entered: 03/18/2003)

STIPULATION by all parties for 2−Day extension of time to submit proposed case management plan (former emp) (Entered: 03/21/2003)

NOTICE of service of discovery by dft Richard O Kidman, Steven Kidman and dft Shauna Kidman . (former emp) (Entered: 03/21/2003)

PROPOSED CASE MGT PLAN: discovery cutoff 1/23/04; dispositive motions filing ddl is 4/9/04 (former emp) (Entered: 03/24/2003)

ORDER by Judge Stephen M. McNamee granting stipulation by all parties to submit proposed case management plan; parties may have until 3/21/03 to file their proposed case management plan (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/24/2003)

THIRD MOTION TO SEAL one page of an exhibit that was attached without being sealed to dfts' motion for sanctions filed on 1/29/03 by dft Richard O Kidman, dft Shauna Kidman [65−1] (former emp) (Entered: 03/25/2003)

MOTION for permission to file portion of reply under SEAL (LODGED at Clerk's Desk) by dft Richard O Kidman, dft Shauna Kidman [66−1] (former emp) (Entered: 03/25/2003)

LODGED SEALED dfts' notice of filing under seal portion of dfts' reply in support of motion to seal and second motion to seal .... see doc #66 file 3/24/03 (former emp) Modified on 03/26/2003 (Entered: 03/25/2003)

REPLY by dft Richard O Kidman, dft Shauna Kidman in support of motion to seal and second motion to seal [66−1], [65−1], [59−1] [42−1] (former emp) (Entered: 03/26/2003)

ORDER by Judge Stephen M. McNamee granting motion to intervene as plaintiffs by Doretta Benally, Roxanne Cahoon, Freda Douglas, Elva Begay [26−1]; the parties having no objection to resetting the Rule 16 Scheduling Conference ; prel scheduling conf reset for 4:00 6/17/03 ; parties have any addenda to the joint proposed case management plan, they shall file such addenda on or before 6/10/03 (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 03/27/2003)

STIPULATION by all parties to extend time until 5/2/03 for dfts to file their reply to dfts' motion for partial summary judgment, response to EEOC's motion to strike, and response to motion for leave to conduct discovery (former emp) Modified on 04/01/2003 (Entered: 03/31/2003)

ORDER by Judge Stephen M. McNamee granting stipulation by all parties to extend time until 5/2/03 for dfts to file their reply to dfts' motion for partial summary judgment, response to EEOC's motion to strike, and response to motion for leave to conduct discovery (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 04/02/2003)

MOTION to accelerate ruling on motion for permission to file portion of reply under SEAL (LODGED at Clerk's Desk) by dft Richard O Kidman, dft Shauna Kidman [66−1], motion TO SEAL one page of an exhibit that was attached without being sealed to dfts' motion for sanctions filed on 1/29/03 by dft Richard O Kidman, dft Shauna Kidman [65−1], motion TO SEAL two pages by dft Richard O Kidman, dft Shauna Kidman [42−1], motion TO SEAL response in opposition to dfts' motion for partial summary judgment (doc #34) and statement of facts in support of response in opposition to dfts' motion for partial summary judgment (doc #35) by dfts [36−1] by Kidman dfts [71−1] (former emp) (Entered: 04/08/2003)

RESPONSE by pla EEOC to motion for permission to file portion of reply under SEAL (LODGED at Clerk's Desk) by dft Richard O Kidman, dft Shauna Kidman [66−1], motion TO SEAL one page of an exhibit that was attached without being sealed to dfts' motion for sanctions filed on 1/29/03 by dft Richard O Kidman, dft Shauna Kidman [65−1] (former emp) (Entered: 04/08/2003)

REPLY by dft Richard O Kidman, dft Shauna Kidman in support of THIRD MOTION TO SEAL one page of an exhibit that was attached without being sealed to dfts' motion for sanctions filed on 1/29/03 by dft Richard O Kidman, dft Shauna Kidman [65−1] (former emp) (Entered: 04/17/2003)

ORDER by Judge Stephen M. McNamee that Kidmans' Motion to accelerate ruling on motion for permission to file portion of reply under SEAL (doc.#71) is hereby Granted. FURTHER ORDERED that the Kidmans' Motion to Seal Response in Opposition to the Kidmans' Motion for Partial Summary Judgment and SOF in Support of Response in Opposition to the Kidmans' Motion for Partial Summary Judgment (doc.#36) is Denied. FURTHER ORDERED that the Kidmans' (Second) TO SEAL (doc.#42) is Denied. FURTHER ORDERED that the EEOC's Motion to Seal pages 5 and 6 of its Response (doc.#59) is Granted. FURTHER ORDERED that the Kidmans' (Third) Motion to Seal [Doc.#65] is Denied. FURTHER ORDERED that the Kidmans' Motion for permission to file portion of reply under SEAL [66−1] is Granted. (cc: all counsel) (KMG) (ADI−ICMS, ). (Entered: 04/17/2003)

SEALED Doc. Portion of Reply re: In Support of Motion to Seal and Second Motion to Seal by dfts Richard O Kidman, and Shauna Kidman (KMG) (Entered: 04/17/2003)

ORDER by Judge Stephen M. McNamee setting a hearing on dfts' Motion for sanctions (re violation of conciliation mandate against by dfts [21−1] at 10:00 7/14/03, AND setting hearing on dfts' motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] at 10:00 7/14/03 (cc: all counsel) (KMG) (ADI−ICMS, ). (Entered: 04/17/2003)

SECOND AMENDED NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Richard Kidman on the following date(s): 6/4/03 (former emp) (Entered: 04/22/2003)

SECOND AMENDED NOTICE by pla EEOC OF TAKING VIDEO DEPO OF Steven Kidman on the following date(s): 6/3/03 (former emp) (Entered: 04/22/2003)

NOTICE of service of discovery by pla EEOC . (former emp) (Entered: 04/24/2003)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by intervenor−plaintiff Doretta Benally, intervenor−plaintiff Roxanne Cahoon, intervenor−plaintiff Freda Douglas, intervenor Josley (Begay) (former emp) Modified on 04/28/2003 (Entered: 04/28/2003)

DECLARATION of Doretta Benally, Freda Douglas, Elva Begay Josley, and Roxanne Cahoon to statement of facts in support of its response in opposition to dfts' motion for partial summary judgment [35−1] by pla EEOC (former emp) (Entered: 04/28/2003)

ORDER by Judge Stephen M. McNamee: the Court will conduct a telephonic hearing on parties discovery dispute on 5/12/03 at 2:30; parties shall establish a conference call (cc: all counsel) (former emp) Modified on 05/08/2003 (ADI−ICMS, ). (Entered: 04/28/2003)

ORDER by Judge Stephen M. McNamee granting stipulation to Extend Time until 5/23/03 for Defendants to file their Reply to Motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] AND Response to motion to strike portions of dfts' statement of facts for motion for partial summary judgment by pla EEOC [31−1] AND Response to motion for leave to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f) by pla EEOC [32−1] by pla, dfts, intervenor−plaintiffs (cc: all counsel) (DMT) (ADI−ICMS, ). (Entered: 05/05/2003)

MINUTE ENTRY before Judge Stephen M. McNamee . Crt Rptr: Gary Moll. APPEARING TELEPHONICALLY: David Lopez for plaintiff. Franklin James Hoover for interpleader plaintiffs and David Selden for defendants. Discovery dispute hearing held regarding the sufficiency of defendant's initial disclosures under Rule 26(a) as well as the sufficiency of several interrogatory responses and requests for production. IT IS ORDERED directing the defendants to provide the information under Rule 26(a) within 10 working days and the answers to interrogatories and requests for admissions are due within 20 working days. IT IS FURTHER ORDERED that the defendants are entitled to the taking of the depositions of the plaintiffs. The deposition of the compliance officer shall be taken first prior to going forward with the other discovery. IT IS FURTHER ORDERED directing the defendants to respond to the requests for production within 20 working days. IT IS FURTHER ORDERED directing the parties to meet and confer to resolve the on−going discovery issues including production of the privilege log. [cc: all counsel/SMM] [94−1] re: minute entry [94−1] (ALL) (Entered: 06/09/2003)

RESPONSE by dft Richard O Kidman, dft Shauna Kidman to motion to strike portions of dfts' statement of facts for motion for partial summary judgment by pla EEOC [31−1] (former emp) (Entered: 05/28/2003)

RESPONSE by dft Richard O Kidman, dft Shauna Kidman to motion for leave to conduct discovery pursuant to Federal Rule of Civil Procedure 56(f) by pla EEOC [32−1] (former emp) (Entered: 05/28/2003)

MOTION to exceed the page limit by one page to file dfts' reply in support of motion for partial summary judgment by dfts [88−1] (former emp) (Entered: 05/28/2003)

ORDER by Judge Stephen M. McNamee granting motion to exceed the page limit by one page to file dfts' reply in support of motion for partial summary judgment by dfts [88−1] (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 05/28/2003)

REPLY by dft Richard O Kidman, dft Shauna Kidman in support of motion for partial summary judgment pursuant to Fed.R.Civ.P. 56 by dfts [12−1] (former emp) (Entered: 05/28/2003)

NOTICE OF FILING ORIGINAL DECLARATION of Richard Kidman (unsigned copy was attached to dfts' reply in support of dfts' motion for partial summary judgment) [90−1] (former emp) (Entered: 06/02/2003)

STIPULATION by all parties to extend time for pla to file its reply in support of motion for leave to conduct discovery... (former emp) (Entered: 06/04/2003)

ORDER by Judge Stephen M. McNamee granting stipulation by all parties to extend time for pla to file its reply in support of motion for leave to conduct discovery; EEOC may have until 6/20/03 to file its reply in support of motion for leave to conduct discovery and reply in support of motion to strike; dfts may have until 6/13/03 to serve their supplemental responses to the discovery requests of pla EEOC (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 06/05/2003)

NOTICE of service of discovery by pla, EEOC and intervenor−plaintiffs. (former emp) (Entered: 06/17/2003)

MINUTE ENTRY before Judge Stephen M. McNamee. Crt Rptr: Gary Moll. PRESENT: Mary Joleen O'Neill and David Lopez for Plaintiff. Interpleader Plaintiffs Doretta Benally and Elva Josley Begay. APPEARING TELEPHONICALLY: Interpleader Plaintiffs Roxanne Cahoon and Freda Douglas. ALSO PRESENT: Franklin James Hoover for Interpleader Plaintiffs and David A Selden for Defendants. Defendants Richard O. and Shauna Kidman. The parties stipulate to having a settlement conference scheduled before Magistrate Judge Verkamp on or before September 5, 2003. Therefore, the Rule 16 preliminary scheduling conference is vacated. IT IS ORDERED directing the parties to notify Magistrate Judge Verkamp's office for the purpose of coordinating a date and time for the settlement conference. IT IS FURTHER ORDERED denying without prejudice, with leave to re−notice, the following motions: 1) Plaintiff EEOC's Motion for Leave to Conduct Discovery Pursuant to Federal Rule of Procedure 56(f), [32−1], 2) Plaintiff EEOC's Motion to Strike Portions of Defendants' Statement of Facts in Support of Motion for Partial Summary Judgment by [31−1], 3) Defendants' Motion for Sanctions [21−1], and 4) Defendants' Motion for Partial Summary Judgment Pursuant to Fed. R. Civ. P. 56 [12−1]. Therefore, IT IS ORDERED that Oral Argument scheduled for July 14, 2003, is vacated. IT IS FURTHER ORDERED setting this matter for a status hearing for Monday, September 15, 2003, at 11:15 a.m. before Chief Judge Stephen M. McNamee. [cc: all counsel/SMM] [98−2] (ALL) (Entered: 06/19/2003)

TRANSCRIPT of Discovery Dispute by Court Reporter: GMoll for the following date(s): 5/13/03 (former emp) (Entered: 06/18/2003)

ORDER by Judge Stephen M. McNamee: referring this matter to Magistrate Judge Verkamp for a settlement conference; parties are directed to call Judge Verkamps office to schedule a date for the settlement conference (cc: all counsel/slv) re: order filed [99−1] (former emp) (ADI−ICMS, ). (Entered: 06/23/2003)

ORDER by Mag Judge Stephen L. Verkamp settlement conference set for 10:00 9/3/03 in Flagstaff, AZ , before Mag Judge Stephen L. Verkamp ; at least 5 days before the Conference, the parties shall lodge directly with the Magistrate Judge a settlement conference statement (cc: all counsel/SMM) (former emp) (ADI−ICMS, ). (Entered: 07/09/2003)

Transcript Designation and Ordering Form re scheduling conference held 6/17/03 (former emp) (Entered: 07/31/2003)

STIPULATION by all parties to reschedule the status conference set for 9/15/03 (former emp) (Entered: 08/25/2003)

TRANSCRIPT of Rule 16 Scheduling Conference by Court Reporter: GMoll for the following date(s): 6/17/03 (former emp) (Entered: 08/28/2003)

ORDER by Judge Stephen M. McNamee granting stipulation by all parties to reschedule the status conference set for 9/15/03 ; status hearing reset for 9:00 9/22/03 (cc: all counsel) (former emp) (ADI−ICMS, ). (Entered: 08/28/2003)