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1
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Sept. 29, 2011
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COMPLAINT and Jury Trial Demand against Beverage Distributors Company, LLC, Beverage Distributors Holding, Inc. Summons Issued, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(lygsl, ) (Entered: 09/29/2011)
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PACER
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2
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Oct. 4, 2011
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MEMORANDUM RETURNING CASE for reassignment by Senior District Judge Lewis T. Babcock. (sah2, ) (Entered: 10/04/2011)
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PACER
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3
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Oct. 4, 2011
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LETTER REASSIGNING CASE. Case reassigned to Judge Christine M. Arguello for all further proceedings. Judge Lewis T. Babcock no longer assigned to the case. (sah2, ) (Entered: 10/04/2011)
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PACER
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4
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Oct. 18, 2011
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ORDER REFERRING CASE to Magistrate Judge Craig B. Shaffer. Magistrate Judge Shaffer is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 11/18/2011 in order for the initial scheduling conference to be held promptly. The parties should expect to be given a firm trial setting that is 60 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. By Judge Christine M. Arguello on 10/18/11. Text Only Entry (cmasec) (Entered: 10/18/2011)
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PACER
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5
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Oct. 20, 2011
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ORDER setting a Scheduling Conference on 12/20/2011 at 10:00 a.m. in Courtroom A 402 before Magistrate Judge Craig B. Shaffer, by Magistrate Judge Craig B. Shaffer on 10/20/11. (cbssec)
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RECAP
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7
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Nov. 22, 2011
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WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Beverage Distributors Company, LLC waiver sent on 10/21/2011, answer due 12/20/2011; Beverage Distributors Holding, Inc. waiver sent on 10/21/2011, answer due 12/20/2011. (Struble, Stephanie) (Entered: 11/22/2011)
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PACER
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8
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Dec. 13, 2011
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Proposed Scheduling Order by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 12/13/2011)
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PACER
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9
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Dec. 20, 2011
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MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Scheduling Conference held on 12/20/2011. Discovery due by 6/22/2012. Dispositive Motions due by 7/20/2012. Final Pretrial Conference set for 10/10/2012 09:15 AM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. (FTR: Laura Galera and Robin Mason) (cbscd) (Entered: 12/20/2011)
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PACER
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10
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Dec. 20, 2011
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SCHEDULING ORDER: by Magistrate Judge Craig B. Shaffer on 12/20/2011. (cbscd) (Entered: 12/20/2011)
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PACER
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11
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Dec. 20, 2011
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STIPULATION for Extension of Time to Answer or Otherwise Respond to The Complaint by Defendants Beverage Distributors Company, LLC, Beverage Distributors Holding, Inc.. (Kirkpatrick, Joshua) (Entered: 12/20/2011)
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PACER
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12
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Jan. 9, 2012
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NOTICE of Voluntary Dismissal of Party Beverage Distributors Holding, Inc. by Plaintiff Equal Employment Opportunity Commission (Struble, Stephanie) (Entered: 01/09/2012)
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PACER
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19
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Jan. 9, 2012
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Party Beverage Distributors Holding, Inc. terminated pursuant to the notice of dismissal or stipulation to dismiss filed in this case on 1/9/12. Text Only Entry (cmacd) (Entered: 04/30/2012)
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PACER
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13
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Jan. 10, 2012
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ANSWER to 1 Complaint by Beverage Distributors Company, LLC.(Kirkpatrick, Joshua) (Entered: 01/10/2012)
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PACER
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14
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Feb. 21, 2012
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Joint MOTION to Amend/Correct/Modify 10 Scheduling Order , Joint MOTION for Extension of Time to Designate Expert Witnesses by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 02/21/2012)
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PACER
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15
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Feb. 21, 2012
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MEMORANDUM regarding 14 Joint MOTION to Amend/Correct/Modify 10 Scheduling Order Joint MOTION for Extension of Time to Designate Expert Witnesses filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 02/21/12. Text Only Entry (cmasec) (Entered: 02/21/2012)
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PACER
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16
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Feb. 22, 2012
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ORDER granting 14 Motion to Amend/Correct/Modify; granting 14 Motion for Extension of Time. The deadline for Rule 26(a)(2) affirmative expert disclosures is extended to 4/27/12 and the deadline for Rule 26(a)(2) rebuttal expert disclosures is extended to 6/1/12. All deadlines previously set by this court, not modified herein, remain in effect, by Magistrate Judge Craig B. Shaffer on 2/22/12. Text Only Entry(cbssec) (Entered: 02/22/2012)
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PACER
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17
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April 27, 2012
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Unopposed MOTION for Extension of Time to Designate Experts and to Extend the Discovery Cut−Off by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 04/27/2012)
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PACER
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18
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April 27, 2012
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MEMORANDUM regarding 17 Unopposed MOTION for Extension of Time to Designate Experts and to Extend the Discovery Cut−Off filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 04/27/12. Text Only Entry (cmasec) (Entered: 04/27/2012)
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PACER
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20
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May 2, 2012
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ORDER granting 17 Motion for Extension of Time. ORDERED that the deadline for Rule 26(a)(2) affirmative expert disclosures is extended to 6/8/12 and the deadline for Rule 26(a)(2) rebuttal expert disclosures is extended to 6/29/12. FURTHER ORDERED that the Discovery deadline is extended to on or before 7/20/2012 and the Dispositive Motion deadline is extended to 8/17/2012, by Magistrate Judge Craig B. Shaffer on 5/2/12. Text Only Entry(cbssec) (Entered: 05/02/2012)
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PACER
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22
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June 5, 2012
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MEMORANDUM regarding 21 Joint MOTION to Amend/Correct/Modify 10 Scheduling Order To Extend Discovery Deadlines filed by Equal Employment Opportunity Commission, Beverage Distributors Company, LLC. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on 6/5/12. Text Only Entry (cmacd ) (Entered: 06/05/2012)
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PACER
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23
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June 6, 2012
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ORDER Setting Hearing on 21 Joint MOTION to Amend 10 Scheduling Order To Extend Discovery Deadlines by Magistrate Judge Craig B. Shaffer on 6/6/12. ORDERED that a Telephonic Motion Hearing will take place on 6/7/2012 at 9:15 AM before Magistrate Judge Craig B. Shaffer. Counsel shall coordinate to create a conference call among themselves before contacting the court (303.844.2117) at the scheduled time. Text Only Entry (cbssec) (Entered: 06/06/2012)
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PACER
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24
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June 7, 2012
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MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Telephonic Motion Hearing held on 6/7/2012. The court GRANTS IN PART and DENIES IN PART 21 Motion to Amend/Correct/Modify. The court shall extend the discovery cut dat e to August 17, 2012. The court shall not move the dispositive motions deadline. The designation of all expert witnesses shall be extended to June 26, 2012. The designation of rebuttal experts shall be extended to July 20, 2012. (FTR: RobinMason) (cbscd, )
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RECAP
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25
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June 7, 2012
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NOTICE of Entry of Appearance by Scott Alan Forman on behalf of Beverage Distributors Company, LLC (Forman, Scott) (Entered: 06/07/2012)
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PACER
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26
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Aug. 16, 2012
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WITHDRAWN − MOTION for Protective Order , MOTION to Quash 3d Party Subpoena by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit subpoena, # 2 Exhibit Calahan v. PSC, # 3 Exhibit Blasio v. UPS, # 4 Exhibit Paystub)(Struble, Stephanie) Modified on 1/29/2013 to withdraw pursuant to 58 Order (dkals, ). (Entered: 08/16/2012)
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PACER
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27
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Aug. 17, 2012
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MOTION for Summary Judgment by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Kirkpatrick, Joshua) (Entered: 08/17/2012)
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PACER
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28
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Aug. 17, 2012
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MOTION for Partial Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Mr. Sungaila's Application, # 2 Exhibit HealthOne Evaluation, # 3 Exhibit Discovery Responses, # 4 Exhibit Charge of Discrimination, # 5 Exhibit EEOC Determination, # 6 Exhibit Declaration of Helbis Varangot, # 7 Exhibit Notice of Failed Conciliation, # 8 Exhibit 7.1 Letter, # 9 Deposition Excerpts Linda Holman, # 10 Deposition Excerpts John Johnson, # 11 Deposition Excerpts Bob Pieron, # 12 Deposition Excerpts Tom Rogers)(Struble, Stephanie) (Entered: 08/17/2012)
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PACER
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29
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Aug. 21, 2012
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Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 08/21/2012)
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PACER
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30
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Aug. 22, 2012
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ORDER granting 29 Motion for Extension of Time to File Response/Reply.By Judge Christine M. Arguello on 8/22/2012. Text Only Entry(cmacd, ) (Entered: 08/22/2012)
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PACER
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31
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Sept. 6, 2012
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RESPONSE to 26 MOTION for Protective Order MOTION to Quash 3d Party Subpoena filed by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Kirkpatrick, Joshua) (Entered: 09/06/2012)
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PACER
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32
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Sept. 6, 2012
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Exhibits in Support of 27 MOTION for Summary Judgment (Defendant's Lodging of Declaration of Dr. John D. Sanidas) by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Declaration of Dr. John D. Sanidas)(Kirkpatrick, Joshua) (Entered: 09/06/2012)
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PACER
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33
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Sept. 10, 2012
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MEMORANDUM regarding 26 MOTION for Protective Order MOTION to Quash 3d Party Subpoena filed by Equal Employment Opportunity Commission. Motion referred to Magistrate Judge Craig B. Shaffer by Judge Christine M. Arguello on
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PACER
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35
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Sept. 11, 2012
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ORDER setting hearing on 26 MOTION for Protective Order/to Quash. ORDERED that a Motion Hearing will take place on 10/11/2012 at 3:00 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Text Only Entry by Magistrate Judge Craig B. Shaffer on 9/11/12. (cbssec) Modified on 9/12/2012 to correct signature date (dkals, ). (Entered: 09/11/2012)
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PACER
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36
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Sept. 17, 2012
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RESPONSE to 27 MOTION for Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Declaratin of Dr. Lervick, # 2 Exhibit Application, # 3 Exhibit Position Statement, # 4 Exhibit photo of Conveyor Belts with Netting, # 5 Exhibit Photo of more netting, # 6 Exhibit Photo of Truck Loading Job, # 7 Exhibit Photo of Truck Loading Job, # 8 Exhibit Photo of Truck Loading Job, # 9 Exhibit Expert Report, # 10 Exhibit Agility Test Results, # 11 Exhibit qualification for Truck Loader, # 12 Exhibit doctor's report, # 13 Deposition Excerpts Cook, # 14 Deposition Excerpts Hollman, # 15 Deposition Excerpts Johnson, # 16 Deposition Excerpts Pieron, # 17 Deposition Excerpts Rogers, # 18 Deposition Excerpts Sungaila)(Struble, Stephanie) (Entered: 09/17/2012)
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PACER
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37
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Sept. 24, 2012
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REPLY to Response to 26 MOTION for Protective Order MOTION to Quash 3d Party Subpoena filed by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 09/24/2012)
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PACER
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38
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Sept. 25, 2012
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MOTION for Leave to Restrict Document by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 09/25/2012)
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PACER
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39
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Sept. 25, 2012
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Exhibits in Support of 36 Response to Motion,,, Amended Exhibit 1 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Amended Exhibit 1 to Dkt. # 36)(Struble, Stephanie) (Entered: 09/25/2012)
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PACER
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40
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Sept. 27, 2012
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REPLY to Response to 28 MOTION for Partial Summary Judgment filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Investigator Log of investigation, # 2 Exhibit Investigator notes from witness interviews)(Struble, Stephanie) (Entered: 09/27/2012)
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PACER
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41
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Oct. 3, 2012
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Proposed Pretrial Order by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit EEOC Exhibit List, # 2 Exhibit Defendant Exhibit List)(Struble, Stephanie) (Entered: 10/03/2012)
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PACER
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42
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Oct. 4, 2012
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ORDER sua sponte resetting hearing to combine the 10/10/12 Final Pretrial Conference with the 10/11/12 Motions Hearing. ORDERED that the Final Pretrial Conference will take place on 10/11/2012 at 3:00 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. Text Only Entry by Magistrate Judge Craig B. Shaffer on 10/4/12. (cbssec) (Entered: 10/04/2012)
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PACER
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43
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Oct. 4, 2012
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Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Kirkpatrick, Joshua) (Entered: 10/04/2012)
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PACER
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44
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Oct. 9, 2012
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Amended MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment , 43 Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Kirkpatrick, Joshua) (Entered: 10/09/2012)
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PACER
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45
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Oct. 9, 2012
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ORDER GRANTING 44 Motion for Extension of Time to File Response/Reply. Defendant shall have to and including 10/10/12 within which to file its Reply to Plaintiff's Response to Defendant's Motion for Summary Judgment. SO ORDERED BY Judge Christine M. Arguello on 10/09/12. Text Only Entry (cmasec) (Entered: 10/09/2012)
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PACER
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47
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Oct. 10, 2012
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REPLY to Response to 27 MOTION for Summary Judgment filed by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit H, # 2 Exhibit I, # 3 Exhibit J, # 4 Exhibit K)(Kirkpatrick, Joshua) (Entered: 10/10/2012)
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PACER
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48
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Oct. 11, 2012
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MINUTE ENTRY for proceedings held before Magistrate Judge Craig B. Shaffer: Final Pretrial Conference/Motion Hearing held on 10/11/2012. Magistrate Judge Shaffer advises the parties that he will issue a written order ruling on this motion. The court further advises the parties that until a ruling has been made, the subpoena shall not go out. The parties were instructed to put together a conference call to Judge Arguello's chambers inorder to obtain trial dates. FTR: Robin Mason. (cbscd, ) Modified on 10/12/2012 to add text (romsl, ). (Entered: 10/12/2012)
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PACER
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49
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Oct. 11, 2012
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FINAL PRETRIAL ORDER by Magistrate Judge Craig B. Shaffer on 10/11/2012. (Attachments: # 1 Exhibit A, # 2 Envelope B) (cbscd, ) (Entered: 10/12/2012)
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PACER
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50
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Oct. 16, 2012
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ORDER GRANTING 38 Motion for Leave to Restrict. Exhibits No. 2 and No. 9 to 36 Plaintiff's Response to Defendant's Motion for Summary Judgment have been placed under RESTRICTED LEVEL 1. Plaintiff is DIRECTED to file with the Court REDACTED versions of Doc. Nos. 36−2 and 36−9 as a supplement to Doc. No. 36. SO ORDERED BY by Judge Christine M. Arguello on 10/16/12. Text Only Entry (cmasec) (Entered: 10/16/2012)
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PACER
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51
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Oct. 16, 2012
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MINUTE ORDER. This matter is before the Court sua sponte. Upon completion of the Final Pretrial Conference, this matter is ready to be set for trial. The Parties anticipate a seven−day jury trial. The Court hereby ORDERS a Status Conference set for 10/19/2012 at 1:30 PM in Courtroom A602 before Judge Christine M. Arguello, to determine the number of days this matter should be set for trial. All counsel, with full knowledge of the case, should be present at this status conference. SO ORDERED BY Judge Christine M. Arguello on 10/16/12. Text Only Entry (cmasec) (Entered: 10/16/2012)
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PACER
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52
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Oct. 19, 2012
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SUPPLEMENT/AMENDMENT to 36 Response to Motion,,, Exhibits 2 and 9 by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Application, # 2 Exhibit Dr. Cook's Expert Report)(Struble, Stephanie) (Entered: 10/19/2012)
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PACER
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53
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Oct. 19, 2012
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MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Status Conference held on 10/19/2012. Counsel are directed to amend their witness lists. A Final Trial Preparation Conference is set for 3/22/2013 at 02:30 PM before Judge Christine M. Arguello. A Five−day Jury Trial is set to commence on 4/8/2013 at 9:00 AM before Judge Christine M. Arguello. (Total time: 00:20, Hearing time: 1:31−1:51) APPEARANCES : Stephanie Struble on behalf of the plaintiff, Joshua Kirkpatrick on behalf of the defendant. Court Reporter: Darlene Martinez. (cmacd) Text Only Entry (Entered: 10/22/2012)
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PACER
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54
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Dec. 7, 2012
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ORDER denying 27 Motion for Summary Judgment by Judge Christine M. Arguello on 12/7/12.(dkals, )
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RECAP
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55
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Dec. 14, 2012
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ORDER granting in part and denying in part 28 Motion for Partial Summary Judgment by Judge Christine M. Arguello on 12/14/12.(dkals, )
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RECAP
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56
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Jan. 10, 2013
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ORDER setting hearing on 26 MOTION for Protective Order and MOTION to Quash Third Party Subpoena. ORDERED that a further Motion Hearing will be held on 1/29/2013 at 1:30 PM in Courtroom A 402 before Magistrate Judge Craig B. Shaffer. As oral argument was held on the instant motion on October 11, 2012, the purpose of this hearing will be to issue a ruling from the bench, no further argument will be necessary. Text Only Entry by Magistrate Judge Craig B. Shaffer on 1/10/13. (cbssec) (Entered: 01/10/2013)
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PACER
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57
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Jan. 28, 2013
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Joint MOTION to Withdraw 26 MOTION for Protective Order MOTION to Quash 3d Party Subpoena by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 01/28/2013)
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PACER
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59
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Feb. 13, 2013
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MOTION in Limine to Exclude Evidence by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Medical Exam, # 2 Deposition Excerpts Pieron, # 3 Deposition Excerpts Rogers, # 4 Deposition Excerpts Sungaila)(Struble, Stephanie) (Entered: 02/13/2013)
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PACER
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60
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March 8, 2013
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MOTION to Exclude opinions of Dr. Robin Cook by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit 1 − Initial Report, # 2 Exhibit 2 − Rebuttal Designation, # 3 Deposition Excerpts Dr. Cook)(Struble, Stephanie) (Entered: 03/08/2013)
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PACER
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61
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March 11, 2013
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RESPONSE to 59 MOTION in Limine to Exclude Evidence filed by Defendant Beverage Distributors Company, LLC. (Kirkpatrick, Joshua) (Entered: 03/11/2013)
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PACER
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62
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March 12, 2013
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Exhibits in Support of 61 Response to Motion by Defendant Beverage Distributors Company, LLC. (Kirkpatrick, Joshua) (Entered: 03/12/2013)
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PACER
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63
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March 14, 2013
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MOTION to Exclude Expert Testimony of Julia Kothe by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order (PDF Only))(Kirkpatrick, Joshua) (Entered: 03/14/2013)
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PACER
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64
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March 15, 2013
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MOTION in Limine to Preclude Plaintiff From Providing Testimony of Dr. Lervick At Trial by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit A)(Kirkpatrick, Joshua) (Entered: 03/15/2013)
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PACER
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65
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March 15, 2013
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Joint MOTION for Extension of Time to Submit Exhibit List, Objections to Exhibit List, and Briefs re Jury Instructions by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 03/15/2013)
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PACER
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66
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March 18, 2013
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ORDER GRANTING 65 Motion for Extension of Time. The parties shall have to and including 03/20/2013 within which to submit their Exhibit Lists, Objections to Exhibit Lists, and Briefs re Jury Instructions. SO ORDERED BY Judge Christine M. Arguello on 03/18/13. Text Only Entry (cmasec) (Entered: 03/18/2013)
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PACER
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67
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March 18, 2013
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NOTICE of Entry of Appearance by Jennifer S. Harpole on behalf of Beverage Distributors Company, LLC (Harpole, Jennifer) (Entered: 03/18/2013)
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PACER
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68
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March 20, 2013
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REPLY to Response to 59 MOTION in Limine to Exclude Evidence filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Deposition Excerpts Sungaila Depo excerpts)(Struble, Stephanie) (Entered: 03/20/2013)
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PACER
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69
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March 20, 2013
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OBJECTIONS to Defendant's Proposed Jury Instructions by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 03/20/2013)
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PACER
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70
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March 20, 2013
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OBJECTIONS to Defendant's Trial Exhibits by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 03/20/2013)
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PACER
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71
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March 22, 2013
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MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Final Pretrial Conference held on 3/22/2013. MOTIONS: Plaintiff's Motion in Limine to Exclude Evidence 59 is granted in part and denied in part. Plaintiff EEOC's Motion to Exclude Opinions of Robin Cook 60 is deferred. Defendant's Motion to Exclude Expert Testimony of Julia Kothe 63 is deferred. Defendant's Motion in Limine to Preclude Plaintiff From Providing Testimony of Dr. Lervick at Trial 64 is deferred. Response to the remaining Motions are due by noon on March 29, 2013. Any replies are due by 5:00 PM on March 29, 2013. TRIAL: Case shall be tried to a jury of ten. Jury selection will be on April 1, 2013 at 1:30 PM. Jury selection is by simultaneous strikes. Jurors will be allowed to take notes. Parties agree to the sequestration of witnesses. Parties waive the reporting of Jury Instructions. (Total time: 00:38, Hearing time: 2:29−3:07) APPEARANCES : Stephanie Struble and David Winston on behalf of the Plaintiff, Joshua Kirkpatrick and Jennifer Harpole on behalf of the defendant. Court Reporter: Darlene Martinez. (cmacd) Text Only Entry. Modified on 4/1/2013 to add attorneys (cmacd) Modified on 4/2/2013 to correct the ruling on the motion 59 (cmacd). Modified on 4/4/2013 to add time in text (cmacd). (Entered: 03/27/2013)
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PACER
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73
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March 29, 2013
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RESPONSE to 64 MOTION in Limine to Preclude Plaintiff From Providing Testimony of Dr. Lervick At Trial filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Deposition Excerpts Dr. Sanidas)(Struble, Stephanie) (Entered: 03/29/2013)
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PACER
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74
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March 29, 2013
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RESPONSE to 60 MOTION to Exclude opinions of Dr. Robin Cook filed by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kirkpatrick, Joshua) (Entered: 03/29/2013)
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PACER
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75
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March 29, 2013
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RESPONSE to 63 MOTION to Exclude Expert Testimony of Julia Kothe filed by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Position Description, # 2 Deposition Excerpts Kothe, # 3 Deposition Excerpts Hollman, # 4 Deposition Excerpts Johnson)(Struble, Stephanie) (Entered: 03/29/2013)
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PACER
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76
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March 29, 2013
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REPLY to Response to 60 MOTION to Exclude opinions of Dr. Robin Cook filed by Plaintiff Equal Employment Opportunity Commission. (Winston, David) (Entered: 03/29/2013)
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PACER
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77
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March 29, 2013
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REPLY to Response to 63 MOTION to Exclude Expert Testimony of Julia Kothe filed by Defendant Beverage Distributors Company, LLC. (Kirkpatrick, Joshua) (Entered: 03/29/2013)
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PACER
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78
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March 29, 2013
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MOTION for Leave to Restrict Document by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Proposed Order (PDF Only))(Kirkpatrick, Joshua) (Entered: 03/29/2013)
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PACER
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79
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March 29, 2013
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RESTRICTED DOCUMENT − Level 1: by Defendant Beverage Distributors Company, LLC.. (Kirkpatrick, Joshua) (Entered: 03/29/2013)
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PACER
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80
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March 29, 2013
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REPLY to Response to 64 MOTION in Limine to Preclude Plaintiff From Providing Testimony of Dr. Lervick At Trial filed by Defendant Beverage Distributors Company, LLC. (Attachments: # 1 Exhibit)(Kirkpatrick, Joshua) (Entered: 03/29/2013)
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PACER
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81
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March 29, 2013
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Exhibit B in Support of 79 Restricted Document − Level 1 by Defendant Beverage Distributors Company, LLC. Public entry to 78 filed on 3/29/2013. TEXT ONLY ENTRY. (cmacd) (Entered: 04/01/2013)
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PACER
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82
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April 1, 2013
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MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Selection held on 4/1/2013. JURY: Voire Dire. Jury of 10 impaneled and sworn. Jury is excused with the instruction to return on April 8, 2013 at 7:30 AM. MOTIONS: Plaintiff's Motion to Exclude Opinions of Dr. Robin Cook 60 is denied. Defendant's Motion to Exclude Expert Testimony of Julia Kothe 63 is denied. Defendant's Motion in Limine to Preclude Plaintif from Providing Testimony of Dr. Lervick at Trial 64 ruling is deferred. A trial brief is due by April 5, 2013 by 5:00 PM. Response to the trial brief is due by 5:00 PM on April 5, 2013. (Total time: 03:05, Hearing time: 1:22−4:43) APPEARANCES : Stephanie Struble and David Winston on behalf of the plaintiff, Scott Forman and Joshua Kirkpatrick on behalf of the defendant. ALSO PRESENT: Rita Kittle, Mike Sungaila, John Johnson (corporate representative for Beverage Distributors Company, LLC.) Court Reporter: Darlene Martinez. (cmacd) Text Only Entry (Entered: 04/02/2013)
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PACER
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83
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April 3, 2013
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TRIAL BRIEF re Offer of Proof of Dr. Lervick's Testimony by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 04/03/2013)
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PACER
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84
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April 5, 2013
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Witness List (Notice of Amended Witness List) by Plaintiff Equal Employment Opportunity Commission. (Struble, Stephanie) (Entered: 04/05/2013)
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PACER
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85
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April 5, 2013
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TRIAL BRIEF in Response to Plaintiff's Trial Brief Regarding In−Court Experiment or Demonstration Evidence of Mike Sungaila's Vision by Defendant Beverage Distributors Company, LLC. (Kirkpatrick, Joshua) (Entered: 04/05/2013)
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PACER
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87
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April 9, 2013
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NOTICE of Authority by Defendant Beverage Distributors Company, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Harpole, Jennifer) (Entered: 04/09/2013)
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PACER
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88
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April 9, 2013
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MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial−DAY TWO held on 4/9/2013. WITNESSES SWORN AND TESTIFIED: Joe Linacre, Julia Kothe, Rogelio Cobos, Robert LaJeunesse, Mike Sungaila. EXHIBITS RECEIVED: 7(pages 1,2,3,4,5,7,10),19, 28(pages 1,3),24,25,27,26,13. Trial continued. (Total time: 05:26, Hearing time: 9:05−3:21) APPEARANCES : Stephanie Struble and David Winston on behalf of the plaintiff, Scott Forman and Joshua Kirkpatrick on behalf of the defendant. ALSO PRESENT: Mike Sungaila, John Johnson (corporate representative for Beverage Distributors Company, LLC.) Court Reporter: Darlene Martinez. (cmacd) Text Only Entry (Entered: 04/10/2013)
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PACER
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89
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April 10, 2013
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NOTICE of Entry of Appearance by Rita Byrnes Kittle on behalf of Equal Employment Opportunity Commission (Kittle, Rita) (Entered: 04/10/2013)
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PACER
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90
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April 10, 2013
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MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial−DAY THREE held on 4/10/2013. WITNESSES SWORN AND TESTIFIED: Mike Sungaila, Joseph Moffett, Helbis Varangot, John Johnson, Robin Cook.EXHIBITS RECEIVED: 12, 21, 22, 23,15,16. MOTION: Defendants Oral Motion Under Rule 50 for Judgment as a Matter of Law is denied. Trial continued. (Total time: 6:12, Hearing time: 7:55−3:24) APPEARANCES : Stephanie Struble and David Winston on behalf of the plaintiff, Scott Forman and Joshua Kirkpatrick on behalf of the defendant. ALSO PRESENT: Mike Sungaila, John Johnson ( corporate representative for Beverage Distributors Company, LLC.) Court Reporter: Darlene Martinez. (cmacd) Text Only Entry (Entered: 04/11/2013)
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PACER
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91
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April 11, 2013
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MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial−DAY FOUR held on 4/11/2013. WITNESSES SWORN AND TESTIFIED: Robin Cook, Linda Hollman, Dale Lervick. EXHIBITS RECEIVED: 42 (demonstrative purposes only). MOTIONS: Plaintiffs Oral Motion Pursuant to Rule 50 as a Matter of Law denied. Defendants Renewed Oral Motion Pursuant to Rule 50 as a Matter of Law is denied as previously stated. Charging conference. Closing arguments. Jury deliberations. (Total time: 06:41, Hearing time: 8:17−5:03) APPEARANCES : Rita Kittle,Stephanie Struble and David Winston on behalf of the plaintiff, Jennifer Harpoole, Scott Forman and Joshua Kirkpatrick on behalf of the defendant. ALSO PRESENT: Mike Sungaila, John Johnson (corporate representative for Beverage Distributors Company, LLC.) Court Reporter: Darlene Martinez. (cmacd) Text Only Entry (Entered: 04/12/2013)
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PACER
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92
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April 12, 2013
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Court's Proposed Final Jury Instructions Sent to Parties on April 6, 2013. (cmacd) (Entered: 04/15/2013)
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PACER
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93
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April 12, 2013
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MINUTE ENTRY for proceedings held before Judge Christine M. Arguello: Jury Trial−DAY FIVE completed on 4/12/2013. JURY VERDICT. Jurors are dismissed with thanks from the Court. (Total time: 00:08, Hearing time: 11:03−11:11) APPEARANCES: Rita Kittle,Stephanie Struble and David Winston on behalf of the plaintiff, Jennifer Harpoole, Scott Forman and Joshua Kirkpatrick on behalf of the defendant. ALSO PRESENT: Mike Sungaila, John Johnson (corporate representative for Beverage Distributors Company, LLC.) Court Reporter: Darlene Martinez. (cmacd) Text Only Entry Modified on 4/16/2013 to add time and appearances(cmacd). (Entered: 04/15/2013)
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PACER
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94
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April 12, 2013
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Jury Instructions. (cmacd) (Entered: 04/15/2013)
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PACER
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95
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April 12, 2013
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Jury Notes. (Attachments: # 1 Court Note 2)(cmacd) (Entered: 04/15/2013)
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PACER
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96
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April 12, 2013
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JURY VERDICT. (cmacd) (Entered: 04/15/2013)
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PACER
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97
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April 15, 2013
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JUDGMENT in favor of Equal Employment Opportunity Commission and against Beverage Distributors Company, LLC in the amount of $29,543,253.25 pursuant to 93 Minute Entry. Post−judgment interest shall accrue at the rate of 0.12%. Plaintiff shall have its costs. By Judge Christine M. Arguello on 4/15/13. (dkals, ) (Entered: 04/17/2013)
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PACER
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98
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April 15, 2013
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AMENDED JUDGMENT in favor of Equal Employment Opportunity Commission and against Beverage Distributors Company, LLC in the amount of $29,543.25 pursuant to 93 Minute Entry. Post−judgment interest shall accrue at the rate of 0.12%. Plaintiff shall have its costs. By Judge Christine M. Arguello on 4/15/13 (dkals, ) (Entered: 04/17/2013)
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PACER
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99
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April 30, 2013
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Partial TRANSCRIPT of Jury Trial Day 4 − Testimony of Dr. R. Cook held on 4/10/13 before Judge Arguello. Pages: 1−61. <P> NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</P> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 8/1/2013. (Martinez, Darlene) (Entered: 04/30/2013)
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PACER
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100
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April 30, 2013
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Partial TRANSCRIPT of Jury Trial Day 5 − Cont'd Testimony of Dr. R. Cook held on 4/11/13 before Judge Arguello. Pages: 62−107. <P> NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</P> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 8/1/2013. (Martinez, Darlene) (Entered: 04/30/2013)
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PACER
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101
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April 30, 2013
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Partial TRANSCRIPT of Jury Trial Day 5 − Defendant's Closing Argument held on 4/11/13 before Judge Arguello. Pages: 1−29. <P> NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</P> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 8/1/2013. (Martinez, Darlene) (Entered: 04/30/2013)
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PACER
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102
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April 30, 2013
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Proposed Bill of Costs and Stipulation by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit Stipulation)(Struble, Stephanie) (Entered: 04/30/2013)
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PACER
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103
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May 6, 2013
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Costs Taxed in amount of $6,544.66 against Beverage Distributors Company, LLC (dkals, ) (Entered: 05/06/2013)
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PACER
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105
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May 13, 2013
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MOTION to Amend/Correct/Modify 98 Judgment, to Include Injunctive Relief by Plaintiff Equal Employment Opportunity Commission. (Attachments: # 1 Exhibit BDC Employee Handbook, # 2 Exhibit Prejudgment Interest, # 3 Exhibit Prejudment Interest on Full Back Pay Award, # 4 Exhibit Trial Exhibit 26, # 5 Exhibit Front Pay Calculation, # 6 Exhibit Proposed Order re Injunctive Relief)(Struble, Stephanie) (Entered: 05/13/2013)
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PACER
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106
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May 21, 2013
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Partial TRANSCRIPT of Jury Trial Day 3 − Testimony of M. Sungaila held on 4/9/13 before Judge Arguello. Pages: 1−68. <P> NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</P> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 8/22/2013. (Martinez, Darlene) (Entered: 05/21/2013)
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PACER
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107
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May 21, 2013
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Partial TRANSCRIPT of Jury Trial Day 4 − M. Sungaila Testimony held on 4/10/13 before Judge Arguello. Pages: 69−145. <P> NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</P> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 8/22/2013. (Martinez, Darlene) (Entered: 05/21/2013)
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PACER
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108
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May 31, 2013
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Partial TRANSCRIPT of Jury Trial Day 4 − Rule 50 Motion held on 4/10/13 before Judge Arguello. Pages: 1−19. <p> NOTICE − REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.</p> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. Release of Transcript Restriction set for 9/3/2013. (Martinez, Darlene) (Entered: 05/31/2013)
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PACER
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