Case: Bennett v. Schmidt

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT; jury demand − Civil cover sheet − ( no summons(es) issued.) ( Documents: 1−1 through 1−2) (fce) (Entered: 10/24/1996)

RECEIPT regarding payment of filing fee paid; on 10/23/96 in the amount of $ 120.00, receipt # 482208. (fce) (Entered: 10/24/1996)

AMENDED COMPLAINT [1−1] by plaintiff; jury demand terminating defendant Sch Dir Dist 15; adding defendants Marie Schmidt, Dick Able, Caralee Bruhl, Susan Argentine, Bill Schmidt and Mary Thiele (ar) (Entered: 10/29/1996)

ATTORNEY APPEARANCE for defendants Marie Schmidt, Dick Abel, inaccurately named herein as "Dick Able", Coralee Bruhl, inaccurately named herein as "Caralee Bruhl", Susan Argentine, Bill Schmidt, Mary Thiele by John F. Canna, Thomas J. Canna, Dawn Marie Hambly with Rule 39 affidavits (ar) (Entered: 11/15/1996)

ATTORNEY APPEARANCE for plaintiff by Douglas M. Grimes and Philip Bennett with rule 39 affidavits. (fce) (Entered: 12/03/1996)

CONTINGENCY FEE AGREEMENT (Not in public case file) (fce) (Entered: 12/03/1996)

MINUTE ORDER of 12/13/96 by Hon. David H. Coar : Rule 16(b) scheduling conference set for 11:30 am on 1/10/97 in chambers. The court hereby opts into Rule 26(a)(1) for purposes of this case. Proposed discovery plan pursuant to Rule 26(f) and proposed scheduling order pursuant to Rule 16(b) to be filed in chambers. (See attached forms for report of planning conference and proposed scheduling order). (See reverse of minute order.) (Attachments). Mailed notice (ar) Modified

WAIVER of service of summons as to Marie Schmidt sent on 10/29/96 (ar) (Entered: 12/23/1996)

MINUTE ORDER of 12/19/96 by Hon. David H. Coar : Defendants' motion for extension of time to answer or otherwise plead [13−1] is granted. Answer or plead by 01/31/97. Mailed notice. (Temporarily unavailable for docketing.) (ar) (Entered: 01/08/1997)

WAIVER of service of summons as to Coralee Bruhl, misnamed as Caralee Bruhl, sent on 10/29/96 (ar) (Entered: 12/26/1996)

WAIVER of service of summons as to Susan Argentine sent on 10/29/96 (ar) (Entered: 12/26/1996)

WAIVER of service of summons as to Mary Thiele sent on 10/29/96 (ar) (Entered: 12/30/1996)

WAIVER of service of summons as to Bill Schmidt sent on 10/29/96 (ar) (Entered: 12/30/1996)

WAIVER of service of summons as to Susan Argentine sent on 10/29/96 (ar) (Entered: 12/30/1996)

MINUTE ORDER of 1/10/97 by Hon. David H. Coar : Rule 16(b) reset to 9:30 am on 1/24/97. No notice. (Temporarily unavailable for docketing.) (ar) (Entered: 01/29/1997)

SCHEDULE set on 1/24/97 by Hon. David H. Coar : Rule 16(b) scheduling conference held. Rule 26(a)(1) disclosures by March 1, 1997; Amendments to pleadings or joinder of parties by March 21,1997. Discovery ordered closed on 7/15/97. Expert testimony to disclosed by August 30, 1997. Parties to depose the opposing party's expert by 9/30/97; parties to disclose any rebuttal experts by 10/30/97; parties to depose rebuttal experts on or before 11/30/97. Motion Dispositive is due 9/1/97. Pretrial order to be submitted on 1/6/98 . Pretrial conference set to 11:00 1/9/98. Jury trial set to 10:00 2/9/98 . Mailed notice (pm) (Entered: 02/10/1997)

MOTION by defendants to dismiss complaint pursuant to FRCP 8 or 12(b)(6) or for summary judgment pursuant to FRCP 56 ; Notice of motion. (Temporarily unavailable for docketing.) (ar) (Entered: 02/13/1997)

MEMORANDUM by defendants in support of motion to dismiss pursuant to FRCP 8 or 12(b)(6) [16−1] or for summary judgment pursuant to FRCP 56 [16−2]. (Temporarily unavailable for docketing.) (ar) Modified on 02/13/1997 (Entered: 02/13/1997)

RULE 12(M) Statement of material facts by defendants (Exhibits). (Temporarily unavailable for docketing.) (ar) (Entered: 02/13/1997)

AFFIDAVIT of Dr. David Beard (Attachment). (Temporarily unavailable for docketing.) (ar) (Entered: 02/13/1997)

AFFIDAVIT of Cyndi Holich. (Temporarily unavailable for docketing.) (ar) (Entered: 02/13/1997)

AFFIDAVIT of Mary Ellen McElligott. (Temporarily unavailable for docketing.) (ar) (Entered: 02/13/1997)

AFFIDAVIT of Mark Wagener (Attachment). (Temporarily unavailable for docketing.) (ar) (Entered: 02/13/1997)

AFFIDAVIT of Lawrence J. Golden (Attachments). (Temporarily unavailable for docketing.) (ar) (Entered: 02/13/1997)

MINUTE ORDER of 2/11/97 by Hon. David H. Coar : Answer brief to defendants' motion to dismiss complaint pursuant to FRCP 8 or 12(b)(6) [16−1] or for summary judgment pursuant to FRCP 56 [16−2] due 02/28/97. Reply to answer brief due 3/17/97. Motion [16−1] [16−2] is taken under advisement. Ruling to issue by mail. Plaintiff's verified motion to extend time [24−1] to respond to defendant's motion to dismiss or for summary judgment is denied. Mailed notice (ar) Modified on 02/13/1997 (Entered: 02/13/1997)

SCHEDULE set on 2/20/97 by Hon. Ann C. Williams : Status hearing set to 9:00 a.m. 2/28/97 . Mailed notice (dl) (Entered: 02/20/1997)

REASSIGNMENT ORDER of 02/18/97: Case reassigned to Hon. Ann C. Williams Mailed notice (nlf) (Entered: 02/21/1997)

RULE 26(a)(1) disclosures by defendants (Exhibits); Notice of filing (ar) (Entered: 03/07/1997)

MINUTE ORDER of 2/28/97 by Hon. Ann C. Williams : Status hearing held and continued to 12:00 pm on 4/11/97. Defendants given leave to file motions to dismiss with memorandum in support on 05/23/97. Response and replies to be filed on 05/23/97. Defendants to serve plaintiff with motions to dismiss and memorandum in support on 04/04/97. Plaintiff to serve defendants with response on 05/02/97. Replies to be served on 05/23/97. Defendants' motion to dismiss complaint pursuant to FRCP 8 or 12(b)(6) [16−1] and for summary judgment pursuant to FRCP 56 [16−2] is denied without prejudice. Previously set briefing schedule on foregoing motion is stricken. Mailed notice (ar) (Entered: 03/07/1997)

VERIFIED MOTION by plaintiff Valerie Bennett to refuse or, delay motion for summary judgment and FRCP 8 or 12(b)(6) until discovery is complete pursuant to Rule 56(f) ; Notice of motion. (fce) (Entered: 04/18/1997)

AFFIDAVIT of Valeria A. Bennett regarding motion to refuse [29−1], regarding motion delay motion for summary judgment and FRCP 8 or 12(b)(6) until discovery is complete pursuant to Rule 56(f) [29−2] (fce) (Entered: 04/18/1997)

MINUTE ORDER of 4/11/97 by Hon. Ann C. Williams : Plaintiff's verified motion to refuse [29−1] or delay motion for summary judgment and FRCP 8 or 12(b)(6) until discovery is complete pursuant to Rule 56(f) [29−2] is entered and continued 9:30 am on 4/23/97. Defendants to provide the court with a courtesy of its motion for summary judgment and FRCP 8 or 12(b)(6) forthwith. Briefing schedule set for filing of defendnats motions to dismiss is vacated until further order of court. Status hearing held. Mailed notice (fce) (Entered: 04/18/1997)

MINUTE ORDER of 4/23/97 by Hon. Ann C. Williams : Defendants indicate they will not be filing motion for summary judgment. Plaintiff's verified motion to refuse [29−1] or delay motion for summary judgment and FRCP 8 or 12(b)(6) until discovery is complete pursuant to Rule 56(f) [29−2] is denied as moot. Date for defendants to file motions to dismiss is extended to 5/30/97. Date for filing repsonses and replies extended to 05/30/97. Plaintiff served with defendants' motion in open court. Date for plaintiff to serve its response on defendants is extended to 05/16/97. All discovery is stayed. Mailed notice (ar) Modified on 04/28/1997 (Entered: 04/28/1997)

MOTION by defendants to dismiss pursuant to Rule 8 or Rule 12(b)(6) of the Federal Rules of Civil Procedure ; Notice of filing (hp) (Entered: 06/03/1997)

MEMORANDUM by defendants in support of their motion to dismiss pursuant to Rule 8 or Rule 12(b)(6) of the Federal Rules of Civil Procedure [33−1] (hp) (Entered: 06/03/1997)

RESPONSE by plaintiff to defendants motion to dismiss [33−1] (hp) (Entered: 06/03/1997)

NOTICE by plaintiff's counsel Philip Bennett of change of address (hp) (Entered: 06/19/1997)

NOTICE by plaintiff's counsel Philip Bennett of change of address (hp) (Entered: 06/19/1997)

MEMORANDUM, OPINION AND ORDER (hp) (Entered: 11/24/1997)

MINUTE ORDER of 11/20/97 by Hon. Ann C. Williams : Pursuant to memorandum opinion and order, the court grants defendants' motion to dismiss plaintiff's first amended complaint. [33−1] terminating case Mailed notice (hp) (Entered: 11/24/1997)

ENTERED JUDGMENT (hp) (Entered: 11/24/1997)

NOTICE OF APPEAL by plaintiff Valerie Bennett from motion minute order [40−2], from order [39−1], from judgment entered [41−1] ( FEE NOT PAID) (fce) (Entered: 12/23/1997)

DOCKETING STATEMENT by plaintiff Valerie Bennett regarding appeal [42−1] . (fce) (Entered: 12/23/1997)

TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (fce) (Entered: 12/23/1997)

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 97−4198 (hp) (Entered: 12/31/1997)

LETTER to John F. Canna from USCA dated 12/23/97 regarding Circuit Rule 3(b) (hp) (Entered: 12/31/1997)

TRANSMITTED to the 7th Circuit the long record on appeal no. 97−4198 consisting of one volume of pleadings and certificate. Mailed notice to all counsel. (fce) (Entered: 01/05/1998)

SCHEDULE set on 9/3/98 by Hon. Ann C. Williams : Status hearing set to 9:00 a.m. 9/11/98 . Mailed notice (dl) (Entered: 09/03/1998)

SCHEDULE set on 9/11/98 by Hon. Ann C. Williams : Status hearing held and continued to 9:00 a.m. 9/18/98 . No notice (dl) (Entered: 09/14/1998)

VERIFIED MOTION by plaintiff Valerie Bennett for leave to file second amended complaint (hp) (Entered: 10/05/1998)

SCHEDULE set on 9/17/98 by Hon. Ann C. Williams : Status hearing reset to 9:30 a.m. 9/30/98 . Telephoned notice (dl) (Entered: 09/17/1998)

LETTER from the 7th Circuit returning the record on appeal no. 97−4198 consisting of one volume of pleadings (hp) (Entered: 09/25/1998)

CERTIFIED COPY of order dated 08/31/98 from the 7th Circuit: The judgment of the District Court is vacated and the case is remanded to the District Court. The above is in accordance with the decision of this court entered on this date. The appellant shall recover her costs. [42−1] (97−4198) (hp) (Entered: 09/25/1998)

OPINION from the 7th Circuit: Argued 08/05/98; Decided 08/31/98. (97−4198) (hp) (Entered: 09/25/1998)

NOTICE of motion by plaintiff regarding motion for leave to file second amended complaint [49−1] (hp) (Entered: 10/05/1998)

SECOND AMENDED COMPLAINT [2−1] by plaintiff Valerie Bennett; jury demand (Exhibits) (hp) (Entered: 10/05/1998)

MINUTE ORDER of 9/30/98 by Hon. Ann C. Williams : Status hearing held. Pretrial conference set for 11/03/98 at 9:15 a.m. Plaintiff's verified motion for leave to file second amended complaint is granted. [49−1] Defendants to file answer or

MOTION by defendants for judgment on the pleadings with respect to plaintiff's disparate impact claim ; Notice of motion (hp) (Entered: 11/06/1998)

MEMORANDUM by defendants in support of defendants' motion for judgment on the pleadings with respect to plaintiff's disparate impact claim [54−1] (hp) (Entered: 11/06/1998)

MINUTE ORDER of 11/3/98 by Hon. Ann C. Williams : Filed defendants' motion for judgment on the pleadings with respect to plaintif's disparate impact claim. Answer brief to motion due 11/30/98. [54−1] Reply to answer brief due 12/14/98. Pretrial conference held; continued to 12/17/98 at 9:15 a.m. Pretrial conference to be held by telephone. Parties to file a discovery plan by 11/30/98. Mailed notice (hp) (Entered: 11/06/1998)

JOINT DISCOVERY plan by parties; Notice of filing (hp) (Entered: 11/30/1998)

MEMORANDUM by plaintiff Valerie Bennett in opposition to defendants' motion for judgment on the pleadings with respect to plaintiff's disparate impact claim [54−1] (hp) (Entered: 12/01/1998)

MEMORANDUM by plaintiff in opposition to defendants' motion for judgment on the pleadings with respect to plaintiff's disparate impact claim [54−1] (jmp) (Entered: 12/02/1998)

REPLY by defendants to plaintiff's memorandum in opposition to defendants' motion for judgment on the pleadings with respect to plaintiff's disparate impact [54−1]; Notice of filing (rmm) (Entered: 12/30/1998)

SCHEDULE set on 12/17/98 by Hon. Ann C. Williams : Pretrial conference held and continued to 9:15 2/8/99 by telephone. No notice (dl) (Entered: 12/17/1998)

NOTICE by plaintiff's counsel Philip W. Bennett of change of address (hp) (Entered: 01/20/1999)

SCHEDULE set on 2/8/99 by Hon. Ann C. Williams : Pretrial conference held and continued to 9:15 3/11/99 by telephone. No notice (dl) (Entered: 02/08/1999)

MOTION by plaintiff to enlarge time to complete discovery (Exhibits); Notice of motion (hp) (Entered: 03/12/1999)

SCHEDULE set on 3/9/99 by Hon. Ann C. Williams : Pretrial conference reset to 9:45 3/11/99 Telephoned notice (dl) (Entered: 03/09/1999)

MINUTE ORDER of 3/11/99 by Hon. Ann C. Williams : Pretrial conference held and continued to 04/22/99 at 9:15 a.m. Plaintiff's motion to enlarge time within which to complete discovery is granted. [62−1] Depositons (except experts) shall be completed on or before 05/14/99. Experts shall be designated on or before 04/09/99. Expert Reports shall be submitted by 05/09/99. Expert discovery shall be completed on or before 06/13/99. All discovery is completed by 06/30/99. Dispositive motions shall be filed on or before 08/13/99. Mailed notice (hp) (Entered: 03/12/1999)

SCHEDULE set on 4/22/99 by Hon. Ann C. Williams : Pretrial conference held and continued to 9:30 6/24/99 No notice (dl) (Entered: 04/28/1999)

MINUTE ORDER of 5/26/99 by Hon. Ann C. Williams : Date discovery ordered closed is extended to 08/13/99. Non−expert discovery to be completed by 06/23/99. Plaintiff to submit expert reports by 06/14/99. Defendants to submit expert rebuttal reports by 07/16/99. Expert depositions to be completed by 08/13/99. All dispositive motions to be filed by 9/30/99. Telephone pretrial conference set for 06/24/99 is stricken and reset to 07/09/99 at 11:30 a.m. Mailed notice (lal) (Entered: 05/27/1999)

SCHEDULE set on 7/9/99 by Hon. Ann C. Williams : Pretrial conference held and continued to 11:30 8/27/99 No notice (dl) (Entered: 07/14/1999)

JOINT MOTION for extension of the discovery deadline (Attachments); Notice. (lal) (Entered: 08/08/1999)

SCHEDULE set on 7/29/99 by Hon. James B. Zagel : Noticed motion set for 10:15 8/5/99 No notice (drw) (Entered: 08/02/1999)

MINUTE ORDER of 8/5/99 by Hon. James B. Zagel : Joint motion for extension of the discovery deadline. Motion granted. [65−1] Discovery deadline extended to 09/30/99. Telephoned notice (lal) (Entered: 08/08/1999)

SCHEDULE set on 8/27/99 by Hon. Ann C. Williams : Pretrial conference held and continued to 11:00 10/13/99 No notice (dl) (Entered: 08/27/1999)

MINUTE ORDER of 9/27/99 by Hon. Ann C. Williams : Pursuant to memorandum opinion and order, the court grants defendants' motion for judgment on the pleadings, without prejudice [54−1]. The court invites the parties to brief the issue concerning plaintiff's 08/19/95 letter to EEOC on a motion to reconsider. Bennett's submission to be filed on or before 10/22/99 and defendants' response on or before 11/05/99. The court will notify parties if a reply is needed. Ruling to be made by mail. Failure to file by 10/22/99 will result in the dismissal of Bennett's disparate impact claim with prejudice. (Entered Memorandum and Opinion Order) Mailed notice (ar) (Entered: 09/28/1999)

SCHEDULE set on 10/15/99 by Hon. Ann C. Williams : Pretrial conference held and continued to 9:15 11/10/99 No notice (dl) (Entered: 10/15/1999)

NOTICE by plaintiff of change of address by Philip Bennett (Original in 96c2422) (fce) (Entered: 10/20/1999)

MOTION by plaintiff to reconsider judgment on the pleadings ; Memorandum in support; (Attachments) (fce) Modified on 10/22/1999 (Entered: 10/22/1999)

MOTION by defendants for extension of time to file response to plaintiff's motion to reconsider judgment on the pleadings ; Notice (ar) (Entered: 11/15/1999)

SCHEDULE set on 11/8/99 by Hon. Ann C. Williams : Noticed motion set for 9:15 11/10/99 No notice (dl) (Entered: 11/08/1999)

MINUTE ORDER of 11/10/99 by Hon. Ann C. Williams : Pretrial conference to 9:30 am on 12/17/99. Defendants' motion for summary judgment to be filed on 11/2/99. Response to be filed on 12/07/99. Reply to be filed on 12/14/99. Defendants' motion for extension of time to file response to plaintiff's motion to reconsider judgment on the pleadings is granted to and including 11/12/99. Mailed notice (ar) (Entered: 11/15/1999)

MOTION by defendants for summary judgment ; Memorandum in support; Notice (ar) (Entered: 11/15/1999)

RULE 12(M) Statement of facts by defendants (Attachments) (ar) (Entered: 11/15/1999)

RESPONSE by defendants to plaintiff's motion to reconsider judgment on the pleadings [68−1] (Attachments); Notice (ar) (Entered: 11/15/1999)

SCHEDULE set on 12/7/99 by Hon. Ann C. Williams : Pretrial conference set for 12/17/99 is stricken. Next date to be set by reassigned judge. Mailed notice (dl) (Entered: 12/07/1999)

RULE 12(N) Statement of material facts as to which there are no genuine issues by plaintiff (fce) (Entered: 12/15/1999)

MEMORANDUM by plaintiff in opposition to defendant's motion for summary judgment on intentional discrimination claims [71−1] (fce) (Entered: 12/15/1999)

VERIFIED MOTION by plaintiff for leave to file response to summary judgment pursuant to Rule 56(f) ; (las) (Entered: 12/16/1999)

EXECUTIVE COMMITTEE ORDER of 12/15/99: Case reassigned to Hon. Charles P. Kocoras. (nlf) (Entered: 12/17/1999)

MOTION by plaintiff to strike defense counsel's affidavit in defendants' response to plaintiff's motion to reconsider the judgment on the pleadings (Attachment); (fce) (Entered: 12/28/1999)

RESPONSE by plaintiff to defendants' motion for sanctions pursuant to Rule 11 of the Federal Rules of Civil Procedure (fce) (Entered: 12/28/1999)

LIST of exhibits by plaintiff regarding response [79−1] (fce) Modified on 12/28/1999 (Entered: 12/28/1999)

MOTION by defendants for leave to file a reply to plaintiff's memorandum in opposition to defendants' motion for summary judgment on intentional discrimination claims on or before 1/21/00. (Attachments); Notice (las) (Entered: 01/13/2000)

SCHEDULE set on 12/29/99 by Hon. Charles P. Kocoras : Status hearing set to 9:30 1/18/00 . Mailed notice (sct) (Entered: 12/29/1999)

MINUTE ORDER of 1/12/00 by Hon. Charles P. Kocoras : Defendants' motion for leave to file a reply to plaintiff's memorandum in opposition to defendants' motion for summary judgment on intentional discrimination claims on or before 1/21/00 is granted. [81−1] Mailed notice. (las) (Entered: 01/13/2000)

MINUTE ORDER of 1/18/00 by Hon. Charles P. Kocoras : Status hearing held. Parties inform the Court that Judge Williams will issue a ruling shortly on plaintiff's pending motion doc. [68−1] to reconsider and plaintiff's motion Doc. [78−1] to strike. Plaintiff's pending motion Doc. [77−1] for leave to file response to summary judgment is granted. Ruling set for 2/17/2000 at 9:30 a.m. on pending motion Doc. [71−1] for summary judgment. Mailed notice (eav) (Entered: 01/19/2000)

REPLY by defendants to plaintiff's memorandum in opposition to defendants' motion for summary judgment on plaintiff's intentional discrimination claims [75−1] (Attachments); Notice of filing (eav) (Entered: 01/25/2000)