Case: EEOC v. Tucker Plumbing

No Court

Carly Knight, Frank Dobbin, Alexandra Kalev

RETURN OF SERVICE EXECUTED summons/complaint upon dft Tucker Plumbing Inc by service upon Pauly Mousel, Office Manager, in Phoenix, AZ on 10/2/03 (LAD) (Entered: 10/08/2003)

CORPORATE DISCLOSURE STATEMENT by dft Tucker Plumbing Inc (LAD) (Entered: 10/22/2003)

ANSWER to complaint [1-1] by dft Tucker Plumbing Inc (LAD) (Entered: 10/22/2003)

ORDER by Judge Mary H. Murguia scheduling conf set for 4:30 1/12/04 ; counsel who will be responsible for trial shall personally appear and participate in the scheduling conference if they office in Maricopa County; FURTHER ORDRED that the Clerk of Court send copies of this order to all counsel of record and to all parties if any appearing in propria persona (cc: all counsel) (LAD) (Entered: 10/24/2003)

MOTION to intervene as intervening pla by Roger Bittner [6-1] (UNSIGNED proposed complaint attached) (LAD) Modified on 10/29/2003 (Entered: 10/29/2003)

RESPONSE by dft to motion to intervene as intervening pla by Roger Bittner [6-1] (UNSIGNED proposed complaint attached) (DMT) (Entered: 11/07/2003)

REPLY by intervenor-plaintiff Roger Bittner to response to motion to intervene as intervening pla by Roger Bittner [6-1] (UNSIGNED proposed complaint attached) (DMT) (Entered: 11/21/2003)

JOINT PROPOSED CASE MGT PLAN/REPORT: discovery cutoff 10/8/04; dispositive motions filing ddl is 11/30/04 (LAD) (Entered: 01/07/2004)

NUMBER NOT USED (LAD) Modified on 02/25/2004 (Entered: 01/09/2004)

MINUTE ORDER prel scheduling conf set for 1/12/04 is vacated and reset to 4:00 p.m.,1/27/04 (cc: all counsel) [11] (former emp) (Entered: 01/12/2004)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by dft Tucker Plumbing Inc (LAD) (Entered: 01/16/2004)

NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla EEOC (LAD) (Entered: 01/21/2004)

MINUTE ENTRY before Judge Mary H. Murguia . Crt Rptr: Merilyn Sanchez. Present: Katherine Kruse for pla; Darla Smith and Charles CHester for dft; Phillip Austin for intpla. ORDERED granting motion to intervene as intervening pla by Roger Bittner [6]; intpla to file and serve complaint in 20 days; dft to answer or otherwise respond in 20 days. Prel scheduling conf held; court approves case mgmt plan; pla counsel to submit order. ORDERED setting status hearing re settlement status for 3:30 p.m., 8/16/04 [cc: all cnsl] [14] (former emp) (Entered: 01/28/2004)

INTERVENING PLA'S COMPLAINT FILED (LAD) (Entered: 01/29/2004)

DEMAND for jury trial by intervenor-plaintiff Roger Bittner (LAD) (Entered: 01/29/2004)

AMENDED INTERVENING COMPLAINT by intervening pla Roger A Bittner; jury demand (LAD) (Entered: 02/04/2004)

NOTICE by pla EEOC of lodging proposed scheduling order (LAD) (Entered: 02/04/2004)

NOTICE of service of discovery by pla EEOC (LAD) (Entered: 02/04/2004)

ORDER by Judge Mary H. Murguia granting motion to intervene as intervening pla by Roger Bittner [6-1] (UNSIGNED proposed complaint attached); FURTHER ORDERED intervening pla Roger A Bittner shall file and serve his complaint in intervention within 20 days of the Court's ruling on 1/27/04; FURTHER ORDERED that dft shall answer or otherwise respond within 20 days of the service of the complaint in intervention (cc: all counsel) (LAD) (Entered: 02/04/2004)

SCHEDULING ORDER by Judge Mary H. Murguia ; discovery due 10/8/04 ; dispositive motions due 11/30/04 (cc: all counsel) re: order (scheduling) [20-1] (LAD) (Entered: 02/04/2004)

NOTICE by dft Tucker Plumbing Inc OF TAKING DEPO OF Custodian of Records, Social Security Administration, on the following date(s): 2/23/04 at 1 pm (LAD) (Entered: 02/09/2004)

NOTICE of Service of Initial Disclosure Statement pursuant to FRCivP 26(a) by intervenor-plaintiff Roger A Bittner (SAT) (Entered: 02/11/2004)

ANSWER to Amended Intervening Plaintiff's Complaint [16-1] by dft Tucker Plumbing Inc (SAT) (Entered: 02/20/2004)

NOTICE of service of discovery by pla EEOC (LAD) (Entered: 03/12/2004)

STIPULATION to extend dft's deadline to respond to pla EEOC's 1st request for production of documents (until 4/26/04) by pla EEOC, dft Tucker Plumbing Inc (LAD) (Entered: 03/30/2004)

ORDER by Judge Mary H. Murguia granting stipulation to extend dft's deadline to respond to pla EEOC's 1st request for production of documents (until 4/26/04) by pla EEOC, dft Tucker Plumbing Inc (cc: all counsel) (LAD) (Entered: 04/02/2004)

NOTICE of service of discovery by dft Tucker Plumbing Inc (LAD) (Entered: 04/26/2004)

NOTICE of service of discovery by pla EEOC (LAD) (Entered: 05/24/2004)

STIPULATION to extend deadline to respond to dft's discovery requests (to 6/11/04) by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (no proposed documents) and STIPULATION to extend status hearing date (to 9/13/04) by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (LAD) (Entered: 06/07/2004)

NOTICE of service of discovery by intervenor-plaintiff Roger A Bittner (LAD) (Entered: 06/17/2004)

NOTICE of service of discovery by intervenor-plaintiff Roger A Bittner (LAD) (Entered: 06/17/2004)

NOTICE of service of discovery by pla EEOC (LAD) (Entered: 06/17/2004)

ORDER by Judge Mary H. Murguia granting stipulation to extend deadline to respond to dft's discovery requests (to 6/11/04) by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (no proposed documents), granting stipulation to extend status hearing date (to 9/13/04) by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner status hearing reset for 3:00 9/13/04 (cc: all counsel) (LAD) (Entered: 06/18/2004)

STIPULATION to extend dft's deadline to respond to 1st set of interrogatories and 2nd request for production of documents by pla EEOC, dft Tucker Plumbing Inc (LAD) (Entered: 06/24/2004)

ORDER by Judge Mary H. Murguia granting stipulation to extend dft's deadline to respond to 1st set of interrogatories and 2nd request for production of documents by pla EEOC, dft Tucker Plumbing Inc; the deadline is extended through and including 7/1/04 (cc: all counsel) (LAD) (Entered: 06/25/2004)

NOTICE of service of discovery by pla EEOC (LAD) (Entered: 06/29/2004)

NOTICE of service of discovery by dft Tucker Plumbing Inc (LAD) (Entered: 07/02/2004)

NOTICE of service of discovery by dft Tucker Plumbing Inc . (LAD) (Entered: 07/08/2004)

STIPULATION to extend deadlines (re expert witnesses, reports, discovery and dispositive motions) by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (LAD) (Entered: 07/12/2004)

ATTORNEY SUBSTITUTION: terminating attorney Darla J Smith for Tucker Plumbing Inc, attorney Darla J Smith for Tucker Plumbing Inc; Carolann E Cervetti and Andrea G Lisenbee will be continuing in representation (LAD) (Entered: 07/16/2004)

NOTICE of service of discovery by dft Tucker Plumbing Inc (LAD) (Entered: 07/20/2004)

MINUTE ORDER Pursuant to request of parties, status hearing set for 9/13/04 is vacated. (cc: all counsel) [43] (former emp) (Entered: 07/30/2004)

SCHEDULING ORDER by Judge Mary H. Murguia; discovery reset to 12/3/04; dispositive motions reset to 1/14/05; deadline for stip to extend deadlines for pla and pla intervensor to disclose expert witnesses and reports no later than 9/3/04; FURTHER ORDERED that the deadline for dft to disclose its expert witnesses and reports no later than 10/1/04, that rebuttal experts be disclosed no later than 11/5/04; granting stipulation to extend deadlines (re expert witnesses, reports, discovery and dispositive motions) by pla EEOC, Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (cc: all counsel) (LAD) (Entered: 07/30/2004)

MINUTE ORDER IT IS ORDERED referring this matter to a Magistrate Judge for the purpose of a settlement conference. The Clerk by random lot draws and assigns this case to Mag/Judge David K. Duncan; that court to set date and time of conference. (cc: all counsel) [45] re: order (minute) [45-1] (former emp) (Entered: 08/23/2004)

NOTICE of service of discovery by dft Tucker Plumbing Inc . (LAD) (Entered: 09/01/2004)

STIPULATION to extend deadlines by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner (LAD) (Entered: 09/09/2004)

SCHEDULING ORDER by Judge Mary H. Murguia; discovery ddl reset to 2/4/05; dispositive motions ddl reset to 3/4/05 granting stipulation to extend deadlines by pla EEOC, dft Tucker Plumbing Inc, intervenor- plaintiff Roger A Bittner (cc: all counsel) (LAD) (Entered: 09/09/2004)

ORDER by Magistrate Judge David K. Duncan settlement conference set for 9:00 11/3/04 , before Magistrate Judge David K. Duncan ; the parties shall exchange written correspondence regarding settlement; pla's demand shall be delivered to defense counsel, the insurers' and corporate representatives not less than 30 days before the settlement conference memoranda are due; dfts' responses to the demand shall be delivered to pla's counsel not less than 14 days before the settlement conference memoranda are due; all settlement conference memoranda are to be exchanged between counsel no later than 5 business days prior to the settlement conference; each party shall provide the Court with that party's settlement conference memorandum at least 5 business days before the settlement conference; the settlement conference memoranda shall NOT be filed with the Clerk; if the settlement conference is held, the Court will assume that the parties have agreed to separate meetings (caucuses) with the settlement judge; objection is filed not less than 3 business days before the settlement conference; counsel and any party, if unrepresented by counsel, shall notify the Court in writing at least 10 business days before the settlement conference if an attorney or unrepresented party believes that the settlement conference would be a futile act (cc: all counsel/MHM) (LAD) (Entered: 09/13/2004)

MINUTE ENTRY before Magistrate Judge David K. Duncan settlement conference held ; final settlement agreement to be prepared by parties and all parties agree to be bound by the terms of the agreement as indicated on the record; consent decree to be submitted to Judge Murguia within 1 week from today's date [50-2] (LAD) (Entered: 11/04/2004)

NOTICE of service of discovery by pla EEOC . (LAD) (Entered: 11/04/2004)

JOINT MOTION for entry of consent decree by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner [52-1] (LAD) (Entered: 11/16/2004)

CONSENT JUDGMENT by Judge Mary H. Murguia : granting motion for entry of consent decree by pla EEOC, dft Tucker Plumbing Inc, intervenor-plaintiff Roger A Bittner [52-1] to dismiss case ; judgment is entered in favor of the Commission for the agreed settlement amount of $112,500; within 20 days of the effective date of this decree (ie the date it is filed by the Court), the company shall expunge from the personnel file of Mr Bittner all documents containing any reference to the charge of discrimination filed by Mr Bittner against the company; once a year for 3 yrs from the effective date of this decree, the company shall retain a trainer sho shall train all company employees including managers, officers and directors, on disabililty discrimination and retaliation; each party shall bear its own costs and attorneys' fees incurred as a result of this action through the filing of this decree; absent extension, this decree shall expire by its own terms at the end of the 36 mo after its entry without further notice by the parties (cc: all counsel/jgm drawer) (LAD) (Entered: 11/29/2004)

STIPULATION For Dismissal With Prejudice by pla EEOC, and dft Tucker Plumbing Inc (KMG) (Entered: 01/06/2005)

ORDER by Judge Mary H. Murguia granting stipulation For Dismissal With Prejudice by pla EEOC, and dft Tucker Plumbing Inc, each party to bear his or its own costs and attorney's fees (cc: all counsel/order book) (LAD) (Entered: 01/07/2005)